1) Nearly 20% of all incidents reported to the Pennsylvania Emergency Incident Reporting System in 2011 were related to hazardous materials or petroleum. The document discusses preparing for and responding to environmental emergencies in Pennsylvania. 2) It outlines the relevant Pennsylvania laws around emergency management, hazardous materials, and mutual aid. This includes requirements for emergency operations plans, hazardous chemical reporting and notifications of releases. 3) The document provides guidance on identifying potential environmental hazards through publicly available databases and developing an emergency response plan to address issues around drinking water, air quality, and local resources.

1. PREPARING FOR AND RESPONDING
TO ENVIRONMENTAL EMERGENCIES
Suzanne Ilene Schiller, Esq.
Michael C. Nines, P.E., LEED AP
Manko, Gold, Katcher & Fox, LLP
© Copyright 2015

2. 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

3. 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
© Copyright 2015

4. PA Legal Framework
Emergency 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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5. 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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6. Intrastate Mutual Aid Act
Creates 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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7. 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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8. 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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9. 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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10. 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.

11. 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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12. 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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13. PADEP’s eMAP

14. USEPA ECHO

15. USEPA TRI Explorer

16. Google Earth NFHL

17. Google Earth NFHL

18. 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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19. Special Response Considerations for
Environmental Emergencies
PADEP Emergency Response Phone Numbers:
https://www.portal.state.pa.us/portal/server.pt/com
munity/report_an_incident/6010
Statewide: 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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20. Response Considerations
Drinking 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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21. Response Considerations
Know Your Local Resources
 Supplies
 Home Depot, Lowes
 Pharmacies
 Food
 Wawa/Sheetz
 Communications
 Rental Community Managers
 Mobile Home Community Managers
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22. National Response Framework
Emergency Support Functions
ESF Coordinator
Primary Agencies
Support Agencies

23. 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.

24. 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

25. 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)

26. Actions Taken Under ESF #10
 Assessment
 Contain, stabilize, treat and dispose
 Issue Permits for treatment, disposal
 Monitor air and water

27. Questions?
Suzanne Ilene Schiller, Esq. – 484-430-2354
Michael C. Nines, P.E. – 484-430-2350
© Copyright 2015