Current through Register Vol. 48, No. 38, September 20, 2024
a) The owner or
operator of the CCR surface impoundment must develop a Safety and Health Plan
and ensure that employees, contract workers, and third-party contractors are
informed regarding the Safety and Health Plan. The owner or operator must
conduct ongoing worker hazard analyses and ensure employees, contract workers,
and third-party contractors are aware of those analyses. The plan must be
updated as needed based on the worker hazard analyses, but at least annually.
The plan, and all amendments to the plan, must be placed in the facility's
operating record as required by Section 845.800(d)(12), and on the owner's or
operator's publicly accessible internet site.
b) For worker exposure safety, in addition to
all other applicable local, State and federal requirements, the owner or
operator of the CCR surface impoundment, for all chemical constituents
identified in the CCR under Sections
845.230(a)(15)
and
845.230(d)(2)(C),
must:
1) Consider the recommendations in the
most recent "NIOSH Pocket Guide to Chemical Hazards", Department of Human
Health and Services, Centers for Disease Control and Prevention, National
Institute for Occupational Safety and Health (available at
cdc.gov/niosh/npg/default.html);
2) Implement the Occupational Safety and
Health Administration regulations in Chapter 17 of Title 29 of the Code of
Federal Regulations for all hazards not otherwise classified as defined in
29 CFR
1910.1200(c); and
3) Provide safety data sheets (Globally
Harmonized System of Classification and Labeling of Chemicals adopted by OSHA)
or create a facility-specific safety data sheet under
29 CFR
1910.1200(g).
c) The Safety and Health Plan must
include a personnel training program that meets the following minimum
requirements:
1) Employees, contract workers,
and third-party contractors must successfully complete a training program that
informs them of the hazards at the facility to ensure compliance with the
requirements of this Part. The facility must maintain an outline of the
training program used (or to be used) at the facility and a brief description
of training program updates.
2) At
a minimum, the training program must be designed to ensure that employees,
contract workers, and third-party contractors understand and are able to
respond effectively to the following:
A)
Procedures for using, inspecting, repairing, and replacing facility emergency
and monitoring equipment;
B)
Communications or alarm systems;
C)
Response to fires or explosions;
D)
Response to a spill or release of CCR;
E) The training under the Occupational Safety
and Health Standards in
29 CFR
1910.120, 29 CFR 1926.65, and the OSHA
10-hour or 30-hour construction safety training;
F) Information about chemical hazards and
hazardous materials identified in subsection (b); and
G) The use of engineering controls,
administrative controls, and personal protective equipment.
d) Employees, contract
workers, and third-party contractors must successfully complete the program
required in subsection (c) before undertaking any activity to construct,
operate or close a CCR surface impoundment.
e) Employees, contract workers, and
third-party contractors must take part in an annual review of the initial
training required in subsection (c).
f) The owner or operator of the CCR surface
impoundment must perform, at a minimum, the following hazard communication
activities:
1) Post signs at the facility
identifying the hazards of CCR, including dust inhalation when handling
CCR;
2) Post signs at the facility
identifying unstable CCR areas that may make operation of heavy equipment
hazardous; and
3) Post signs at the
facility where the CCR surface impoundment is located identifying safety
measures and necessary precautions, including the proper use of personal
protective equipment.
