First Responders: Understanding Vital Laws And Regulations

First responders are the first to arrive at an emergency and provide assistance. They include law enforcement officers, emergency medical services members, fire service members, and Public Works employees. Due to the high-pressure nature of the job, first responders must be physically and mentally fit. They also need to be trained to deal with a wide range of emergencies. First responders need to be aware of various laws and regulations, such as RCRA, CERCLA, SARA, HAZCOM, OPA 90, and HAZWOPER, which contain field standards for working in hazardous sites. Additionally, they should be familiar with the Fair Labor Standards Act (FLSA), which ensures they receive minimum wage and overtime pay.

Resource Conservation and Recovery Act (RCRA)

The Resource Conservation and Recovery Act (RCRA) is a federal law in the U.S. that governs the disposal of solid and hazardous waste. Enacted in 1976, it amended the Solid Waste Disposal Act of 1965 to address the challenges posed by the increasing volume of municipal and industrial waste. The RCRA gives the Environmental Protection Agency (EPA) the authority to control hazardous waste from "cradle-to-grave," encompassing its generation, transportation, treatment, storage, and disposal.

The RCRA sets national goals for protecting human health and the environment from the hazards of waste disposal, reducing waste generation through source reduction and recycling, conserving energy and natural resources, and ensuring environmentally sound waste management. It establishes a framework for managing non-hazardous solid wastes, with Subtitle D dedicated to non-hazardous solid waste requirements and Subtitle C focusing on hazardous solid waste.

The EPA develops regulations, guidance, and policies to ensure the safe management and cleanup of solid and hazardous waste. It also encourages source reduction and beneficial reuse through various programs. The RCRA's regulations identify criteria for determining which solid wastes are hazardous and set requirements for the three categories of hazardous waste handlers: generators, transporters, and treatment, storage, and disposal facilities. These regulations include standards for the design and safe operation of these facilities to minimize the release of hazardous waste and facilitate cleanup in the event of a release.

The RCRA has been amended several times to enhance its effectiveness. The 1984 Federal Hazardous and Solid Waste Amendments (HSWA) focused on waste minimization, phasing out land disposal of hazardous waste, and corrective action for releases. The 1986 amendments addressed environmental issues associated with underground tanks storing petroleum and other hazardous substances.

Comprehensive Environmental Response Compensation Liability Act (CERCLA)

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, is a large piece of legislation enacted by Congress in 1980 and amended in 1986 to address the environmental and health risks posed by industrial pollution. CERCLA grants the Environmental Protection Agency (EPA) the authority to intervene in managing land contaminated with hazardous materials and identify those responsible for any release of such materials.

CERCLA's primary focus is on the cleanup of inactive hazardous waste sites and holding liable the current and former owners of facilities where such substances were disposed of, as well as the arrangers and transporters of these hazardous substances. The EPA can compel responsible parties to perform cleanups or pay damages for the cleanup of contaminated sites. The EPA also has the power to clean up "orphan sites" where potentially responsible parties cannot be identified or located, or when they fail to act.

CERCLA provides two basic ways to respond to a release: by a removal or a remedial action. Removal actions are short-term measures to address releases or threatened releases that require a prompt response. Remedial actions, on the other hand, are long-term measures that permanently and significantly reduce the risk of releasing hazardous substances. These actions may only be taken at places on the National Priorities List (NPL). Sites are selected for the NPL through a Hazard Ranking System that considers factors such as types of contamination and proximity to people.

CERCLA casts a wide net in bringing in responsible parties, including current and past owners, arrangers, and transporters. The scope of liability for potentially responsible parties (PRPs) is extensive, and they may be held strictly liable for contamination costs and damages. This includes contamination that spreads to neighbouring properties. The EPA can seek reimbursement or upfront payment from PRPs and often negotiates to allocate liability and cleanup responsibilities.

CERCLA also created the Hazardous Substance Superfund to provide the EPA with funds to clean up contaminated sites where no viable responsible party can be identified.

Superfund Amendments and Reauthorization Act (SARA)

The Superfund Amendments and Reauthorization Act (SARA) is a federal law that amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Enacted on October 17, 1986, SARA reflects the US Environmental Protection Agency's (EPA) experience in administering the complex Superfund program during its first six years. The act made several significant changes and additions to the program, emphasizing specific areas and requirements.

Firstly, SARA stressed the importance of permanent remedies and innovative treatment technologies for cleaning up hazardous waste sites. It required Superfund actions to consider and adhere to the standards and requirements outlined in other state and federal environmental laws and regulations. This included the involvement of state authorities in every phase of the Superfund program.

Secondly, SARA increased the focus on human health issues posed by hazardous waste sites. It encouraged greater citizen participation in making decisions on how these sites should be cleaned up and remediated. The act also provided new enforcement authorities and settlement tools to ensure effective implementation.

Additionally, SARA included the enactment of the Emergency Planning and Community Right-to-Know Act (EPCRA) as the national legislation on community safety. This statute was a response to the fatal incident in Bhopal, India, where a chemical plant released deadly methyl isocyanate gas, resulting in 2,500 deaths. EPCRA mandates states to promote local emergency preparedness programs, receive reports from regulated communities, and disseminate information on hazardous chemicals to local governments and the public. The overarching goal is to foster a cooperative relationship between government, businesses, and the public to prevent, plan for, and manage chemical emergencies effectively.

Furthermore, SARA has had a significant impact on security and loss prevention, particularly in the areas of training, facility planning, and incident control. It encourages the safe handling and control of hazardous chemicals in fixed facilities across the United States. Security professionals can utilize SARA to recognize and control hazardous materials, and it mandates training for all first responders who may encounter hazardous materials incidents.

Hazard Communication Right to Know (HAZCOM)

In Texas, the Hazard Communication Worker Right-to-Know Program is in place to safeguard public employees. This program mandates that public employers, including cities, counties, state agencies, public schools, public colleges and universities, and volunteer service organizations, adhere to specific requirements. These employers are responsible for providing their employees with the necessary information, training, and personal protective equipment (PPE) to safeguard them from hazardous chemicals they may encounter on the job.

The Texas Hazard Communication Act (TCHA) is a key component of the program, requiring public employers to take proactive measures for the safety of their employees. The Act ensures that employees receive comprehensive information and training on hazardous chemicals they may encounter, empowering them to recognize potential risks and take appropriate precautions. Additionally, TCHA mandates that employers provide appropriate PPE, such as respirators, protective clothing, and eye protection, to minimize direct contact with hazardous substances.

Employees of private facilities in Texas are covered by a similar federal regulation, the Hazard Communication Standard, which is administered and enforced by the United States Occupational Safety and Health Administration (OSHA). This federal regulation ensures that private-sector employees receive comparable protections to their public-sector counterparts.

HAZCOM plays a crucial role in ensuring that first responders, who often encounter hazardous substances in their line of work, are equipped with the knowledge and resources necessary to safeguard their health and well-being. By providing clear guidelines and mandates, HAZCOM helps to foster a culture of safety and preparedness within the first responder community.

Hazardous Waste Operations and Emergency Response (HAZWOPER)

HAZWOPER applies to five groups of employers and their employees, including those exposed (or potentially exposed) to hazardous substances and those engaged in cleanup, storage, treatment, and disposal of hazardous waste. The guidelines require employers to follow specific work policies, practices, and procedures to protect their workers from potential exposure to hazardous substances.

HAZWOPER training is designed for individuals involved in tasks that involve significant amounts of dangerous substances and chemicals, as well as emergency responders who may be called upon to handle hazardous substance spills or unmanageable chemical releases. The training consists of several levels, providing specific knowledge and skills for different roles and responsibilities. These levels include:

• Level 1 Awareness Level: Basic knowledge of hazardous substances and potential hazards.
• Level 2 Operations Level: Direct involvement in handling hazardous materials at a limited capacity.
• Level 3 Technician Level: Support to hazardous materials response teams and active involvement in the cleanup.
• Level 4 Specialist Level: In-depth knowledge of specific hazardous substances and expertise in handling incidents involving them.
• Level 5 Incident Commander Level: Leadership and decision-making skills for managing hazardous materials incidents.

The training covers a range of topics, such as hazard recognition, personal protective equipment (PPE), spill response and cleanup, decontamination procedures, emergency response procedures, confined space entry, site-specific safety plans, and regulatory compliance.

HAZWOPER aims to prevent and minimize the possibility of worker injury and illness resulting from exposure to hazardous substances, ensuring workplace health and safety during hazardous waste operations, emergency response, and cleanup.

Frequently asked questions