An Airport Guide for Regional Emergency Planning for CBRNE Events (2009)

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31 Airline and airport operations are governed by a plethora of laws and regulations. The goal for this literature review was to examine and summarize the Code of Federal Regulations statutes, Federal rules and regulations, and standards that are applicable to emergency response planning and disaster man- agement for incidents at airports, specifically, CBRNE events. The bibliography which follows is organized by Federal de- partment and agency. U.S. Department of Transportation Advisory Circular 150/5200-31B, Airport Emergency Plans, (expected late 2008) National Aviation Resource Manual for Quarantinable Dis- eases, December 2006 Federal Aviation Administration (FAA)—Code of Federal Regulations Title 49: Transportation Part 110—Hazardous Material Public Sector Training and Planning Grants This part sets forth procedures for reimbursable grants for public sector planning & training efforts to deal with haz- ardous materials emergencies particularly involving trans- portation. Grants will enhance implementation of the Emer- gency Planning and Community Right to Know Act of 1986 (42 USC 11001). The grants apply to states and Indian Tribes. Airports could be partners in those grant awards. Sourced from September 17, 1992. Part 130—Oil Spill Prevention and Response Plans This part prescribes prevention, containment, and re- sponse planning requirements of the Department of Trans- portation applicable to transportation of oil by motor vehi- cles and rolling stock. Requirements apply to any liquid petroleum in a packaging having a capacity of 3,500 gal. or more; and any liquid petroleum or non-petroleum oil in a quantity greater than 42,000 gallons per packaging. Sourced from June 17, 1996. Part 172—Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements This part lists and classifies those materials which the de- partment has designated as hazardous materials for purposes of transportation and prescribes the requirements for ship- ping papers, package marking, labeling, and transport vehi- cle placarding applicable to the shipment and transportation of those hazardous materials. This applies to each person who offers a hazardous material for transportation, and each car- rier by air, highway, rail, or water that transports a hazardous material. Sourced from September 9, 1976. Part 175—Carriage by Aircraft Document prescribes requirements for the handling, pack- aging, and transportation of commerce and hazardous ma- terials by aircraft, and refers to the offering, acceptance, and transportation of hazardous materials by aircraft to, from, or within the United States. Sourced from March 22, 2006. C H A P T E R 5 Literature Review and Bibliography: Applicable Laws, Rules, Regulations, and Standards Related to Emergency Planning and Disaster Response at Airports

Title 14: Aeronautics and Space Part 139—Certification of Airports This document details the requirements for being a certifi- cated airport. The document includes general requirements, required certification elements, index determination for ARFF requirements, and requirements for the development of an emergency plan. Part 139 refers to U.S. (& territory) air- ports with scheduled operations for aircraft of more than nine seats or unscheduled aircraft with at least 31 seats, and joint/shared use airports. Part 414—Safety Approvals This part establishes procedures for obtaining, renewing, or transferring an FAA safety approval. Approvals are used to sup- port the application review for one or more launch or re-entry license requests. This applies to an(y) applicant that wants to obtain a safety approval. Sourced from August 15, 2006. Part 206—Certificates of Public Convenience and Necessity: Special Authorizations and Exemptions Part 206 details emergency exemptions for air carriers to carry medical equipment or patients certified by a physician to be in need of immediate air transportation for the protec- tion of life. It applies to all air carriers offering to provide this service. Sourced from August 22, 1995. U.S. Department of Homeland Security (DHS) As the lead Federal agency for the prevention of and re- sponse to terrorism, the Department of Homeland Security would, in the event of a CBRNE at an airport, lead, manage and coordinate the national response.14 DHS also has respon- sibilities for preparing Federal state and local agencies for the response to and recovery from terrorist events. As such, DHS is actively involved with exercise and training efforts. Terror- ism has been one of the subjects for training and exercises for many years. An example of this commitment to training is the National Emergency Training Center (NETC) with its main campus in Emmitsburg, MD. The NETC hosts two schools, the National Fire Academy (NFA) and the Emergency Man- agement Institute (EMI). Both schools have commitments to training the Nation’s first responders on a variety of topics. Terrorism is a sizable portion of the resident courses as well as the off-site and on-line programs available. For more in- formation check the respective schools’ websites at: www. training.fema.gov/EMIWeb/aboutemi.asp for EMI and, for the NFA, www.usfa.dhs.gov/training/nfa. DHS is responsible for the National Response Framework (NRF).15 This document is a comprehensive all-hazards ap- proach for the federal government to cooperate with state and local governments to prepare for a variety of domestic in- cidents. Airports are now advised to develop their AEP’s per the guidance in the NRF and in the National Incident Man- agement System (NIMS). Local responders, including air- ports, must be aware of the basic principles of the plan in order to integrate federal assets into their response. Homeland Security Presidential Directive 5 HSPD-5 established the National Incident Management System (NIMS) as a means for command, control, planning, and logistical support for various types of events. Homeland Security Presidential Directive 8 HSPD-8 was issued in December 2003, and was, “intended to establish national policy to strengthen the preparedness of the Untied States to prevent, protect against, respond to, and recover from terrorist attacks.” The goal as it is known goes on to provide “a vision for preparedness, establishing national priorities, and identifying target capabilities.”16 The goal uses what is described as a Capabilities-Based Planning Process that uses three separate tools which are listed next. The con- cept was to have an established core of capabilities that can be used as benchmarks. None of the National Planning Sce- narios are airport specific, though the guidance is helpful in the planning process. Any regional approach to CBRNE disaster planning for airports will require familiarity with the guidelines under which contagious jurisdictions have pre- pared their disaster response and recovery plans. National Planning Scenarios Department of Homeland Security Universal Task List Target Capabilities List, Version 2.0 Transportation Security Administration Title 49 Code of Federal Regulations: Transportation Title 49 Chapter 12 Part 1542 sub-parts A–D defines air- port security programs, operations, and contingency mea- sures. This Chapter is a result of the passage of the Aviation and Transportation Security Act of 2001. Part 1542 calls for the establishment of an airport security program that in- cludes an “airport security coordinator.” This position is to 32 14 www.dhs.gov/xabout/strategicplan 15 www.dhs/gov/xlibrary/assets/NRPbaseplan.pdf 16 www.ojp.usdoj.gov/odp/assessments/hspd8.htm

provide a contact point and liaison with the Transportation Security Administration on site at the airport. Subpart “C” defines the requirements for security personnel at airports. In essence, these personnel are required to have the police pow- ers for the state or locality where the airport is located. Con- tingency Measures are covered in Subpart “D”. In this sec- tion, the airport operators are further directed to establish procedures to respond to bomb threats, sabotage, air piracy, and “other unlawful interference to civil aviation operations.”17 Department of Labor Title 29 Code of Federal Regulations: Labor The Department of Labor through the Occupational Safety and Healthy Administration (OSHA) regulates worker safety. In Title 29 CFR 1910.120, The Hazardous Waste Opera- tions and Emergency Response (HAZWOPER) set criteria for workers that enter areas where risks from contact with chemi- cals are possible. In the 26 states where there is an OSHA- approved occupational health and safety plan (an OSHA state),18 the federal standards apply to state and local govern- ment employees. In states that do not have state level agencies (non-OSHA), the EPA rules as indicated above would apply. Nuclear Regulatory Commission, NUREG-0728 If a radioactive or nuclear material were released at or near an airport, the Nuclear Regulatory Commission (NRC) would be part of the Federal response under the NRP. The NRC focuses on events and incidents that involve those par- ties that have licenses from the NRC for the use and storage of nuclear materials. However, under NUREG-0728, the NRC would have a support role in a terrorist event. Environmental Protection Agency Title 29 and Title 40, Code of Federal Regulations: Environment The Environmental Protection Agency, through Title 40 of the Code of Federal Regulations, has responsibilities for the protection of the environment and protection of workers in the response and recovery (clean-up) modes of the event. An intentional release of a chemical agent at an airport would likely trigger an EPA response. The EPA will also have a role to play should the local or state government want financial re- imbursement for clean-up costs. If the state where the inci- dent occurs is not an OSHA state, Title 40 CFR Part 311.2 sets the safety standards for emergency response by directing the responders to Title 29 CFR Part 1910.120 which is the OSHA standard for worker safety. National Fire Protection Association Standards NFPA 403—Standard for Aircraft Rescue and Fire-Fighting Services at Airports This standard contains the minimum requirements for air- craft rescue and fire-fighting (ARFF) services at airports. Re- quirements for other airport fire protection services are not covered in this document. Approved as an American National Standard on July 18, 2003. NFPA 405—Standard for the Recurring Proficiency of Air- port Fire Fighters Standard discusses skills and proficiencies recommended for airport firefighters. Sections include airport/aircraft fa- miliarization, personal protective equipment, airport rescue and firefighting (ARFF) equipment, aircraft evacuation, de- velopment of an airport emergency plan, and emergency medical services. This was approved as an American National Standard on August 5, 2004. NFPA 408—Standard for Aircraft Hand Portable Fire Extinguishers This standard specifies requirements for the type, capacity, rating, number, location, installation, and maintenance of air- craft hand-portable fire extinguishers to be provided for the use of flight crew members or other occupants of an aircraft for the control of incipient fires in the areas of aircraft that are ac- cessible during flight. This standard does not cover fire detec- tion and fixed fire-extinguishing systems installed in an aircraft or fire detection and fire-extinguishing systems for the protec- tion of ground maintenance operations. This was approved as an American National Standard on August 5, 2004. NFPA 412—Standard for Evaluating Aircraft Rescue and Fire-Fighting Foam Equipment This standard establishes test procedures for evaluating the foam fire-fighting equipment installed on rescue and fire- fighting vehicles designed in accordance with the applicable portions of NFPA 414. This was approved as an American National Standard on July 18, 2003. NFPA 414—Standard for Aircraft Rescue and Fire-Fighting Vehicles This standard specifies the minimum design, performance, and acceptance criteria for aircraft rescue and fire-fighting 33 17 Code of Federal Regulations Title 49 Chapter 12 Part 1542 Subpart D 1542.307(a) www.osha.gov/dcsp/osp/index.html 18 www.osha.gov/dcsp/osp/index.html

(ARFF) vehicles intended to transport personnel and equip- ment to the scene of an aircraft emergency for the purpose of rescuing occupants and conducting rescue and fire-fighting operations. This was approved as an American National Stan- dard on August 17, 2006. NFPA 422—Guide for Aircraft Accident/Incident Response Assessment This standard provides a framework for the accumulation of data relative to the effectiveness of aircraft accident/incident emergency response services. This was approved as an Amer- ican national standard on August 5, 2004. NFPA 424—Guide for Airport/Community Emergency Planning This describes the elements of an airport/community emer- gency plan that require consideration before, during, and after an emergency has occurred. The scope of the airport/ community emergency plan should include command, com- munication, and coordination functions for executing the plan. This was approved as an American national standard on July 19, 2002. NFPA 430—Code for the Storage of Liquid and Solid Oxidizers This code shall apply to the storage and handling of oxi- dizers that are liquid or solid at ambient conditions. This code shall not apply to the storage of solid and liquid oxidizers for normal use on the premises of one- and two-family dwellings. Separate chapters shall specify requirements for storage of ox- idizers by class where the quantities stored are greater than the stated minimums. This was approved as an American Na- tional Standard on August 5, 2004. NFPA 432—Code for the Storage of Organic Peroxide Formulations This code shall apply only to commercially available or- ganic peroxide formulations in U.S. Department of Trans- portation- or Canadian Ministry of Transport-approved packages. This code shall not apply to the storage of such formulations in process areas where they are manufactured or used. This was approved as an American National Stan- dard on July 19, 2002. NFPA 471—Recommended Practice for Responding to Hazardous Materials Incidents This recommended practice applies to all organizations that have responsibilities when responding to hazardous ma- terials incidents and recommends standard operating guide- lines for responding to such incidents. Planning procedures, policies, and application of procedures for incident levels, personal protective equipment, decontamination, safety, and communications are specifically covered in this recom- mended practice. This was approved as an American Na- tional Standard on January 31, 2002. NFPA 472—Standard for Professional Competence of Re- sponders to Hazardous Materials Incidents This standard shall identify the levels of competence re- quired of responders to hazardous materials incidents. This standard shall cover the competencies for first responders at the awareness level, first responders at the operational level, hazardous materials technicians, incident commanders, haz- ardous materials branch officers, hazardous materials branch safety officers, and other specialist employees. This was ap- proved as an American National Standard on January 31, 2002. NFPA 473—Standard for Competencies for EMS Personnel Responding to Hazardous Materials Incidents This standard identifies the levels of competence required of emergency medical services (EMS) personnel who respond to hazardous materials incidents. It specifically covers the re- quirements for basic life support and advanced life support personnel in the pre-hospital setting. This was approved as an American National Standard on January 31, 2002. NFPA 495—Explosive Materials Code This code shall apply to the manufacture, transportation, storage, sale, and use of explosive materials. This was ap- proved as an American National Standard on August 18, 2005. NFPA 498—Standard for Safe Havens and Interchange Lots for Vehicles Transporting Explosives This standard shall apply to safe havens that are used for the parking of vehicles transporting explosives and to explosives interchange lots that are safe areas where less-than-truckload of explosives shall be permitted to be held for transfer from one vehicle to another for continuance in transportation. All vehi- cles covered by this standard shall be required to be engaged in the transportation of explosives and shall carry shipping papers to show that the explosives being transported are properly de- scribed, classified, identified, packaged, and labeled in accor- dance with regulations of the U.S. Department of Transporta- tion. Additionally, all vehicles shall be required to be marked and placarded in accordance with regulations of the U.S. De- partment of Transportation. This was approved as an Ameri- can National Standard on August 18, 2005. 34

NFPA 801—Standard for Fire Protection for Facilities Han- dling Radioactive Materials This standard addresses fire protection requirements in- tended to reduce the risk of fires and explosions at facilities handling radioactive materials. These requirements are ap- plicable to all locations where radioactive materials are stored, handled, or used in quantities and conditions requiring gov- ernment oversight and/or license (e.g., U.S. Nuclear Regula- tory Commission, U.S. Department of Energy) to possess or use these materials and to all other locations with equal quan- tities or conditions. This was approved as an American National Standard on January 17, 2003. NFPA 1003—Standard for Airport Fire Fighter Profes- sional Qualifications This standard identifies the minimum job performance re- quirements for the airport fire fighter who is responsible for air- craft rescue and firefighting. This was approved as an American National Standard on February 7, 2005. NFPA 1600—Standard on Disaster/Emergency Manage- ment and Business Continuity Programs This standard establishes a common set of criteria for disaster management, emergency management, and business continuity programs. This was approved as an American National Standard on January 16, 2004. Other Publications of Interest Guidelines for Mass Fatality Management during Terrorist Incidents Involving Chemical Agents, U.S. Army Soldier and Biological Command (SBCCOM), November 2001. Guidelines to Improve Airport Preparedness against Chemical and Biological Terrorism, Sandia National Laboratories, SAND2005-3237, May 2005. Practice Guide for Decontaminating Aircraft, Federal Avia- tion Agency (AC 20-48), 1966. 35