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Compliance Directive
Directive Number: 1-02
Effective Date: October 1, 2002
Subject: Hazardous Waste Operations and Emergency Response Standard, 29 CFR 1910.120 and 1926.65, Paragraph (q): Emergency Response to Hazardous Substances.
Purpose: This directive establishes policies and provides clarification to ensure uniform enforcement of paragraph (q) of the Hazardous Waste Operations and Emergency Response Standard (HAZWOPER), 29 CFR 1910.120 and 1926.65, which covers emergency releases of, or substantial threat of releases of, hazardous substances without regard to the location of the hazard.
Training (q) (6) (i): Fire fighters and police officers who are expected to be engaged in responding to emergencies involving hazardous substances are subject to the HAZWOPER training requirement.
- Law enforcement officers, as a minimum, shall be trained to the First Responder Awareness level, since they are likely to witness or discover a release of a hazardous substance.
- First Responder Awareness Level are those individuals who "are likely to witness or discover" the release of a hazardous substance and "who have been trained to initiate an emergency response sequence by notifying the proper authorities of the release." It is their duty to notify the proper authorities of the release.
- Law enforcement officers responding to a known release of a hazardous substance, including bio-hazardous materials, shall be trained to the First Responder Operations level, if they are to be in the area of release. Fire fighters expected to respond to a release of hazardous substances shall be trained to at least the First Responder Operations Level, since they will respond to releases, or potential releases, of hazardous substances for the purpose of protecting nearby persons, property, or the environment.
- "A small spill or leak of gasoline, propane, petroleum fuel, or other vehicle fluids" would not necessarily constitute an emergency or potential emergency covered under the HAZWOPER standard. Firefighters with or without First Responder Operations level training may be permitted to handle non-emergency releases of an identified hazardous substance which they are adequately trained and equipped to control. Where an emergency or potential emergency release has occurred, personnel who have not been trained beyond the operations level may perform defensive action only, deferring aggressive action to more highly trained personnel.
- Definition of "Small Spill or Leak"
- gasoline: limited to a quantity of a automobile, approx. 20 gallons
- propane: limited to one or two 100 pound cylinders used for one and two family residences
- petroleum fuel: limited to #2 fuel oil, kerosene, diesel fuel, or fuel oil with a higher viscosity (#4 or #6), limited to the amount found in home heating oil tanks
- other vehicle fuels: motor oil, anti-freeze, steering fluid, transmission fluid, battery acid, and brake fluid, limited to the quantity of a automobile
- Fire fighters trained to the First Responder Operations level, who are also trained in the hazards of propane beyond "Small leak or Spill", may enter the danger area to shut off the valves that will starve the fire and extinguish it. Normally, employees trained to the First Responder Operations level would be restricted from taking aggressive action. This is considered to be a special case. The principal hazards from propane are fire and explosion, not toxicity. Because propane fires are common, most fire fighters are fully trained and equipped to respond to propane fires, including aggressive action by shutting off the valves in the danger area.
- Releases of gasoline similar to the example involving propane discussed above may be addressed by Operations level emergency responders if they have the required PPE, emergency response equipment, and specific training in the safety and health hazards associated with gasoline.
Note: The fire and explosion hazards of propane and gasoline are very substantial. The interpretations herein are applicable only when fire fighters are fully trained and equipped to handle the explosion and fire hazards of propane, gasoline, or similar flammable gases and liquids.
