CHAPTER 27 HAZARDOUS MATERIALS -- GENERAL PROVISIONS

F-2701.7 Hazardous material emergency planning and response. Pursuant to SARA Title III and the Pennsylvania Hazardous Material Emergency Planning and Response Act of 1990 (HazMat Act), the requirements of Sections F-2701.7.1 through F-2701.7.10 have been established to provide for hazardous material emergency planning and response:

F-2701.7.1 Philadelphia Local Emergency Planning Committee. The Philadelphia Local Emergency Planning Committee (PLEPC) has been established pursuant to subsection 203(a) of the HazMat Act and is composed as follows:

1. Mayor or designee

2. Managing Director or designee

3. Chairperson of the Public Safety Committee of City Council or designee

4. Emergency Management Services Director of the City

5. At least one person from each of the following City departments, agencies or offices:

5.1 - Fire Department

5.2 - Police Department

5.3 - Department of Public Health

5.4 - Law Department

5.5 - City Planning Commission

5.6 - Department of Licenses and Inspections

5.7 - Water Department

5.8 - Streets Department

5.9 - Office of Emergency Management

6. At least one person representing each of the following entities or groups:

6.1 - United States Coast Guard Group - Philadelphia

6.2 - Southeastern Pennsylvania Transportation Authority

6.3 - American Red Cross, Southeastern Pennsylvania Chapter

6.4 - Hospitals and/or health care agencies

6.5 - Environmental advocacy organizations

6.6 - Owners and operators of regulated facilities

6.7 - Community groups not affiliated with emergency service groups

6.8 - Broadcast and print media

6.9 - Railroads and or other transportation carriers

F-2701.7.2 Appointment of members to PLEPC. Pursuant to the HazMat Act, the members of the PLEPC have been appointed by the Pennsylvania Emergency Management Council. Should a vacancy occur in the PLEPC, the Emergency Management Services Director shall nominate to the Pennsylvania Emergency Management Council a successor member who has been nominated by the represented organization or industry in which the vacancy occurs, if applicable. If the vacancy occurs within a represented category (listed in item 6 of Section F-2701.7.1), then the Emergency Management Services Director shall cause a nominating committee to be formed consisting of PLEPC members to recommend a replacement member, who shall in turn be nominated to the Pennsylvania Emergency Management Council.

F-2701.7.3 Emergency Management Services Director. Pursuant to the HazMat Act, the City’s Emergency Management Services Director, who is the person designated by the Mayor to perform emergency management functions, shall have the lead responsibility for ensuring that the plans and activities of PLEPC comply with SARA Title III, the HazMat Act and other applicable statutes, laws and ordinances.

F-2701.7.4 Emergency response plan. The Comprehensive Local Emergency Response Plan (Emergency Response Plan) required by Section 303 of SARA Title III and Section 203(k) of the HazMat Act shall include, but not be limited to, each of the following:

1. Identification of each Regulated Facility within the City, identification of routes likely to be used for the transportation of substances on the list of Extremely Hazardous Substances and identification of additional facilities contributing or subject to additional risk due to their proximity to the Regulated Facility subject to the requirement of this section, such as hospitals or natural gas facilities.

2. Methods and procedures to be followed by Regulated Facility owners and operators and local emergency and medical personnel to respond to any Release of such substances.

3. Designation of a community emergency coordinator and Regulated Facility emergency coordinators who shall make determinations necessary to implement the Emergency Response Plan.

4. Procedures providing reliable, effective and timely notification by the Regulated Facility emergency coordinators and the City Emergency Management Services Director to persons designated in the Emergency Response Plan and to the public, that a Release has occurred, consistent with the notification requirements of Section 304 of SARA Title III.

5. Methods for determining the occurrence of a Release, and the area of population likely to be affected by such Release.

6. A description of emergency equipment and facilities in the City and at each Regulated Facility and an identification of persons responsible for such equipment and facilities.

7. Evacuation plans, including provisions for a precautionary evacuation and alternative traffic routes.

8. Training programs, including schedules for training of local emergency response and medical personnel. Training shall meet the minimum standards outlined in 29 Code of Federal Regulations 1910.1200, Hazardous Waste Operations and Emergency Response.

9. Methods and schedules for exercising the Emergency Response Plan.

F-2701.7.5 Hazardous Material Emergency Response Preparedness Assessment. The City Emergency Management Services Director shall develop and submit to the Pennsylvania Emergency Management Council a Hazardous Material Emergency Response Preparedness Assessment (the Assessment) in accordance with Section 204(a)(3) of the HazMat Act. The Assessment shall be updated annually. The City shall assess the potential dangers and risks that hazardous material Releases from Regulated Facilities and transportation accidents pose to public health and the environment, identify the City’s needs and resources for hazardous material response teams to deal with those dangers and risks and outline its plan for implementing City emergency planning functions under the HazMat Act. The Assessment shall include the following:

1. Potential threats posed by Regulated Facilities required to be included in the City’s Emergency Response Plan under Section 303 of SARA Title III, and other concentrations of hazardous material in the City or in areas immediately adjacent to the City that may pose a threat.

2. Potential threats posed by hazardous material transported by highway and railroad in the City.

3. Identification of existing capabilities to respond to hazardous material Releases, including personnel, equipment, training, planning and identification of existing hazardous material response zones.

4. Organization and operation of a certified hazardous material response team under Section 209(e) of the HazMat Act and identification of the need for personnel, equipment, training and planning needed to respond to potential threats, including the designation of proposed levels of preparedness for the City’s hazardous material response team.

5. Identification of other resources needed to implement the provisions of the HazMat Act and to support the PLEPC.

6. An audit of the Hazardous Material Emergency Response Account.

F-2701.7.6 Hazardous Material Emergency Response Account. A non-lapsing restricted account, known as the Hazardous Material Emergency Response Account (HazMat Account) and established within the Grants Revenue Fund by the City Finance Department shall consist of all fees authorized by this subsection, City, federal, or state funds, grants, loans or penalties and any private donations provided to finance the hazardous material safety program established pursuant to the HazMat Act. Expenditures from the HazMat Account shall be made pursuant to appropriations from the HazMat Account of the Grants Revenue Fund and consistent with the needs identified in the City’s Assessment. The PLEPC shall be consulted with respect to the consistency of proposed expenditures with the needs identified in the assessment.

F-2701.7.7 Hazardous Chemical Fee. By March 1 of every year, each owner or operator of a Regulated Facility shall pay to the City Revenue Department, to be deposited in the HazMat Account, a Hazardous Chemical Fee for each hazardous chemical which is required by Section 312 of SARA Title III to be listed on the hazardous chemical inventory form (Tier II) which the owner or operator of a Regulated Facility submits to the PLEPC, provided that no fee may be applied to additional facilities or hazardous materials because of changes made by the United States Environmental Protection Agency in lists of hazardous materials, threshold planning quantities or other requirements under SARA Title III, unless there has been compliance with the provisions of Section 213 of the HazMat Act. A credit in an amount up to 100 percent of the Hazardous Chemical Fee obligation shall be given to Regulated Facility owners or operators for training, equipment or other in-kind services donated to the City to support the hazardous material safety program, if such training, equipment or in-kind services are accepted by the City upon approval of the Emergency Management Services Director following a review by the PLEPC of a written proposal of donation. The PLEPC shall recommend to the City’s Emergency Management Services Director whether or in what amount a credit for such training, equipment or in-kind services shall be extended to a Regulated Facility owner or operator. Each agreement by the City to accept such a donation in exchange for a credit toward the Hazardous Chemical Fee obligation shall be written, and shall specify the amount of credit to be awarded, based on the fair market value of equipment donated and the agreed-upon value of training or in-kind services donated. The owners or operators of family farm enterprises, service stations (as such terms are defined in the HazMat Act) and Regulated Facilities owned by state and local governments shall be exempt from payment of the fees required in this section.

F-2701.7.8 Emergency Planning Fee. By March 1 of every year, each owner or operator of a Regulated Facility that manufactures, produces, uses, stores, supplies or distributes any Extremely Hazardous Substance in quantities larger than the threshold planning quantities shall pay to the City Revenue Department for each Regulated Facility an Emergency Planning Fee. A credit in the amount of 100 percent of this Emergency Planning Fee shall be available to Regulated Facility owners or operators for training, equipment or other in-kind services donated to the City to support the hazardous material safety program if such training, equipment or in-kind services are accepted by the City in the same manner provided for acceptance of donations credited to the Hazardous Chemical Fee in F-2701.7.7 and are in addition to those for which credit is claimed under F-2701.7.7. The owners or operators of family farm enterprises, service stations (as such terms are defined in the HazMat Act) and Regulated Facilities owned by state and local governments shall be exempt from payment of the fees required by this section.

F-2701.7.9 Limited liability of members of the PLEPC. Pursuant to the HazMat Act, no member of the PLEPC shall be liable for the death of, or any injury to persons or loss or damage to property or the environment or any civil damages resulting from any act or omission arising out of the performance of the functions, duties and responsibilities of the PLEPC, except for acts or omissions which constitute willful misconduct.

F-2701.7.10 Relationship to federal and state laws. The requirements of F-2701.7 shall be read in conjunction with federal and state acts, laws or regulations providing for the identification, labeling or reporting of information concerning hazardous material Releases, and any other health and safety matters related to hazardous materials, and is intended to supplement federal and state acts, laws and regulations in the interest of protecting the health and safety of the citizens of this City. In those instances where the provisions of F-2701.7 are more comprehensive or stringent than the provisions of an applicable federal or state act, law or regulation, the provisions of Section F-2701.7 shall be controlling.

F-2701.8 Emergency information required on site. Material Safety Data Sheets, for quantities of hazardous materials requiring a permit in accordance with Section F-105.6 or a Tier II Chemical Inventory Form required by Subtitle B, Sections 311 and 312 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III), shall be stored on the exterior of a facility (building wall, fence, post mounted, etc.) in an Emergency Information Container at a location readily available to emergency responders on a 24-hour basis. The container shall be weather-resistant and locked by a padlock. The location of the container shall be subject to approval by the Fire Department.

Exception: Facilities with an emergency control center staffed 24 hours per day are permitted to provide the required information by an alternative means approved by the Fire Department.

F-2701.8.1 Contents of Emergency Information Containers. Where required by Section F-2701.8 to provide emergency Information available on a 24-hour basis, the Emergency Information Container or other approved storage means shall contain the following information for a facility. The information shall be updated whenever a change occurs.

1. Material Safety Data Sheets (MSDS) stored in a binder and filed in alphabetical order by chemical name.

Exception: Where the volume of MSDS is too great to keep practically in the Emergency Information Container, information in the container shall indicate the location of the on-site MSDS, provided they are readily available for utilization by emergency response personnel.

2. Hazardous Materials Management Plan (see Section F-2701.5.1)

3. Hazardous Materials Inventory Statement (see Section F-2701.5.2)

4. Name and telephone number of facility personnel knowledgeable in facility operations and emergency procedures to call in the event of an emergency.

F-2701.8.2 Security of Emergency Information Containers. Where an Emergency Information Container is required and there is a concern that it is subject to being vandalized, installation of the container is permitted to a maximum height of 10 feet (3048 mm).

F-2701.9 Equipment containing polychlorinated biphenyls. Facilities shall be in compliance with the proper marking, use, storage, disposal and record keeping requirements for polychlorinated biphenyls (PCBs) in the United States Environmental Protection Agency, 40 Code of Federal Regulations (CFR), Part 761. In general, the CFR requires equipment containing PCBs exceeding 500 parts per million (ppm) to be marked: CAUTION -- CONTAINS PCBs. Marking of equipment containing between 50 and 500 ppm PCBs is optional, but if marked shall read: PCB CONTAMINATED. The location of equipment marked pursuant to federal regulation shall be reported to the Fire Department.

F-2701.9.1 Inspection of PCB equipment. The Fire Department is authorized to conduct inspections of equipment containing PCBs for compliance with federal and other safety regulations.

F-2701.10 Chemical plant/refinery emergency coordination. Chemical plants and refineries shall coordinate with the Fire Department and other City agencies to establish and maintain operating procedures and equipment to be used during fires or other emergencies at a facility.

F-2701.10.1 Emergency procedures. Facilities that have hazardous materials in quantities exceeding 10,000 pounds (4540 kg) or who have extremely hazardous substances as regulated by the Environmental Protection Agency (EPA) and Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III) and appearing on the EPA’s Community Right to Know Chemical List shall prepare procedures to be followed during an emergency at their facility, including the immediate notification of the Fire Department. A copy of the procedures shall be sent to the Fire Department and the Philadelphia Local Emergency Planning Committee. Managers shall ensure that employees are knowledgeable of their responsibilities during emergencies. Emergency procedures shall be posted in prominent locations throughout a facility.

F-2701.10.2 Facilities with in-plant fire brigades. Petroleum refineries and chemical plants with in-plant fire brigades shall assign knowledgeable personnel to all operating shifts to act as plant emergency coordinators who shall be responsible for coordinating with Fire Department and other emergency officials during fires or other emergencies.

F-2701.10.2.1 Review of emergency procedures. Annually, the designated coordinator of a facility with an in-plant fire brigade shall meet with the Deputy Commissioner of Operations of the Fire Department, or designee, to review and coordinate plant fire fighting and emergency procedures to ensure that their procedures are compatible with Fire Department operations. Procedures and training should be consistent with NFPA 30, Sections 2-5.8.4 and 5-12.6.

F-2701.10.2.2 Communications during an emergency. Facilities with in-plant fire brigades shall have two portable radios capable of receiving and transmitting on the Fire Department’s fireground radio frequencies. The radios shall be for use by plant emergency coordinators to maintain communications with Fire Department personnel during emergencies.