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PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 29E. HAZARDOUS MATERIAL EMERGENCY PLANNING AND RESPONSE ACT
CHAPTER 2. HAZARDOUS MATERIAL PROTECTION
Date:
08/31/2009
Document:
§ 6022.204. Hazardous material safety program
(a) PROGRAM COMPONENTS.-- In conjunction with the Departments of Environmental Protection, Health, Transportation, Agriculture, Labor and Industry and Community and Economic Development, Pennsylvania Public Utility Commission, Fish and Boat Commission, Pennsylvania Turnpike Commission and the Pennsylvania State Police, or any other Commonwealth agencies as determined by the council, PEMA shall develop a hazardous material safety program for incorporation into the Commonwealth Emergency Operations Plan developed by PEMA under 35 Pa.C.S. Pt. V (relating to emergency management services). The hazardous material safety program shall include an assessment of the potential dangers and risks that hazardous material releases occurring at facilities and from transportation-related accidents pose to the general public and the environment. The Pennsylvania State Fire Academy shall be utilized as the Commonwealth's center for hazardous materials training pursuant to its duties under the act of November 13, 1995 (P.L. 604, No. 61), known as the State Fire Commissioner Act. The program shall also consider the impacts, consequences and necessary protective measures required to respond to and mitigate the effects of such releases and accidents. The program shall include, but not be limited to:
(1) Development of comprehensive emergency management guidance for
hazardous materials for the Commonwealth and Commonwealth agencies
which sets forth the specific duties, responsibilities, roles and
missions of Commonwealth agencies.
(2) Development of comprehensive emergency management guidance
consistent with the Emergency Management Services Code for hazardous
materials that can be used by the local committees to meet the
requirements of Federal and Commonwealth statutes and laws.
(3) Development of specific procedures for counties to complete
periodic reports conforming to the requirements of subsection (b.1) as
required by PEMA on the status and capabilities of each county's
hazardous materials safety program.
(4) Development of a notification system whereby the owners and
operators of a facility will report the occurrence of any hazardous
substance or extremely hazardous substance release to the appropriate
Commonwealth agencies, local agencies and Commonwealth and local
officials designated in the Commonwealth and local emergency plans.
The reporting requirements for this notification system are set forth
in section 206.
(5) Development of a notification system whereby the transporters of
any hazardous substance or extremely hazardous substance will report
the occurrence of any hazardous material release to the Commonwealth
agencies, local agencies and Commonwealth and local officials
designated in the Commonwealth and local plans. The reporting
requirements for this notification system are set forth in section 206.
(6) Training and equipping local agency public safety and emergency
response personnel.
(7) Establishing training standards and a certification program for the
formation of Commonwealth agency, local agency or regional hazardous
material response teams. All Commonwealth agency, supporting paid and
volunteer emergency service organizations, local agency or other
agencies and committees that establish training standards for emergency
service, law enforcement, firefighting or other personnel shall
cooperate with the council in the implementation of these training
standards and certification program.
(8) Periodic exercise of hazardous material release scenarios at
facilities and transportation sites that are designed to test the
response capabilities of Commonwealth agency, local agency and regional
public safety and emergency response personnel and certified hazardous
materials response teams.
(9) Assistance in procuring of specialized hazardous material response
supplies and equipment to be used by local and regional public safety
and emergency response personnel.
(10) PEMA's staffing and operation of a 24-hour State emergency
operations center to provide effective emergency response coordination
for all types of natural and manmade disaster emergencies, including
the ability to receive and monitor the emergency notification reports
required under sections 205 and 206 from all facilities and
transporters involved with hazardous material incidents.
(11) Provisions for financial assistance to counties as provided in
sections 207 and 208 and for the payment of compensation benefits
awarded to duly enrolled emergency management volunteers under 35
Pa.C.S. § 7706 (relating to compensation for accidental injury).
(b) Deleted by Act 2000, P.L. 885, Dec. 20, No. 121, § 1, eff. immediately.
(B.1) REQUIREMENTS FOR PERIODIC REPORTS.-- The periodic reports required by subsection (a)(3) shall include the following:
(1) Potential threats posed by facilities requiring emergency response
plans under section 303 of SARA, Title III, and other concentrations of
hazardous materials in the county or in areas immediately adjacent to
the county that may pose a threat.
(2) Potential threats posed by hazardous material transported by
highway and railroad in the county.
(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) Selection of an option to comply with this act under section 209(e)
and identification of the need for personnel, equipment, training and
planning needed to respond to the potential threats, including the
designation of proposed levels of preparedness for local or regional
response teams and proposed local or regional response zones.
(5) Identification of other resources needed to implement the
provisions of this act and to support the local emergency planning
committee.
(6) An audit of the Hazardous Material Emergency Response Account.
(7) Such other information as PEMA may deem necessary.
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