South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-79 - Hazardous Waste Management Regulations
Part 61-79.261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
Subpart M - EMERGENCY PREPAREDNESS AND RESPONSE FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS
Section 61-79.261.M.420 - Contingency planning and emergency procedures for facilities generating or accumulating more than 6000 kilograms of hazardous secondary material
Universal Citation: SC Code Regs 61-79.261.M.420
Current through Register Vol. 48, No. 9, September 27, 2024
A generator or an intermediate or reclamation facility that generates or accumulates more than six thousand (6000) kilograms of hazardous secondary material must comply with the following requirements:
(a) Purpose and implementation of contingency plan.
(1) Each generator or an intermediate or
reclamation facility that accumulates more than six thousand (6000) kilograms
of hazardous secondary material must have a contingency plan for his facility.
The contingency plan must be designed to minimize hazards to human health or
the environment from fires, explosions, or any unplanned sudden or non-sudden
release of hazardous secondary material or hazardous secondary material
constituents to air, soil, or surface water.
(2) The provisions of the plan must be
carried out immediately whenever there is a fire, explosion, or release of
hazardous secondary material or hazardous secondary material constituents which
could threaten human health or the environment.
(b) Content of contingency plan.
(1) The contingency
plan must describe the actions facility personnel must take to comply with
paragraphs (a) and (f) in response to fires, explosions, or any unplanned
sudden or non-sudden release of hazardous secondary material or hazardous
secondary material constituents to air, soil, or surface water at the
facility.
(2) If the generator or
an intermediate or reclamation facility accumulating more than six thousand
(6000) kg of hazardous secondary material has already prepared a Spill
Prevention, Control, and Countermeasure (SPCC) Plan in accordance with part 112
of this chapter, or some other emergency or contingency plan, they need only to
amend that plan to incorporate hazardous waste management provisions that are
sufficient to comply with the requirements of this part. The hazardous
secondary material generator or an intermediate or reclamation facility may
develop one (1) contingency plan which meets all regulatory requirements. EPA
recommends that the plan be based on the National Response Team's Integrated
Contingency Plan Guidance ("One Plan"). When modifications are made to
non-South Carolina Hazardous Waste Management provisions in an integrated
contingency plan, the changes do not trigger the need for a South Carolina
Hazardous Waste Management permit modification.
(3) The plan must describe arrangements
agreed to by local police departments, fire departments, hospitals,
contractors, and state and local emergency response teams to coordinate
emergency services, pursuant to section 262.410(f).
(4) The plan must list names, addresses, and
phone numbers (office and home) of all persons qualified to act as emergency
coordinator (see paragraph (e) of this section), and this list must be kept
up-to-date. Where more than one (1) person is listed, one must be named as
primary emergency coordinator and others must be listed in the order in which
they will assume responsibility as alternates.
(5) The plan must include a list of all
emergency equipment at the facility (such as fire extinguishing systems, spill
control equipment, communications and alarm systems (internal and external),
and decontamination equipment), where this equipment is required. This list
must be kept up to date. In addition, the plan must include the location and a
physical description of each item on the list, and a brief outline of its
capabilities.
(6) The plan must
include an evacuation plan for facility personnel where there is a possibility
that evacuation could be necessary. This plan must describe signal(s) to be
used to begin evacuation, evacuation routes, and alternate evacuation routes
(in cases where the primary routes could be blocked by releases of hazardous
waste or fires).
(c) Copies of contingency plan. A copy of the contingency plan and all revisions to the plan must be:
(1)
Maintained at the facility; and
(2)
Submitted to all local police departments, fire departments, hospitals, and
state and local emergency response teams that may be called upon to provide
emergency services.
(d) Amendment of contingency plan. The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
(1) Applicable regulations are
revised;
(2) The plan fails in an
emergency;
(3) The facility
changes-in its design, construction, operation, maintenance, or other
circumstances-in a way that materially increases the potential for fires,
explosions, or releases of hazardous secondary material or hazardous secondary
material constituents, or changes the response necessary in an
emergency;
(4) The list of
emergency coordinators changes; or
(5) The list of emergency equipment
changes.
(e) Emergency coordinator. At all times, there must be at least one (1) employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan. The emergency coordinator's responsibilities are more specified in paragraph (f). Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of hazardous secondary material(s) handled by the facility, and type and complexity of the facility.
(f) Emergency procedures.
(1) Whenever there is an imminent or actual
emergency situation, the emergency coordinator (or the designee when the
emergency coordinator is on call) must immediately:
(i) Activate internal facility alarms or
communication systems, where applicable, to notify all facility personnel;
and
(ii) Notify appropriate state
or local agencies with designated response roles if their help is
needed.
(2) Whenever
there is a release, fire, or explosion, the emergency coordinator must
immediately identify the character, exact source, amount, and areal extent of
any released materials. This may be done by observation or review of facility
records or manifests and, if necessary, by chemical analysis.
(3) Concurrently, the emergency coordinator
must assess possible hazards to human health or the environment that may result
from the release, fire, or explosion. This assessment must consider both direct
and indirect effects of the release, fire, or explosion (e.g., the effects of
any toxic, irritating, or asphyxiating gases that are generated, or the effects
of any hazardous surface water run-offs from water or chemical agents used to
control fire and heat-induced explosions).
(4) If the emergency coordinator determines
that the facility has had a release, fire, or explosion which could threaten
human health, or the environment, outside the facility, the findings must be
reported as follows:
(i) If the assessment
indicates that evacuation of local areas may be advisable, appropriate local
authorities must be immediately notified. The emergency coordinator must be
available to help appropriate officials decide whether local areas should be
evacuated; and
(ii) The government
official designated as the on-scene coordinator for that geographical area or
the National Response Center (using their twenty-four (24)-hour toll free
number 800/424-8802) must be immediately notified. The report must include:
(A) Name and telephone number of
reporter;
(B) Name and address of
facility;
(C) Time and type of
incident (e.g., release, fire);
(D)
Name and quantity of material(s) involved, to the extent known;
(E) The extent of injuries, if any;
and
(F) The possible hazards to
human health, or the environment, outside the facility.
(5) During an emergency, the
emergency coordinator must take all reasonable measures necessary to ensure
that fires, explosions, and releases do not occur, recur, or spread to other
hazardous secondary material at the facility. These measures must include,
where applicable, stopping processes and operations, collecting and containing
released material, and removing or isolating containers.
(6) If the facility stops operations in
response to a fire, explosion or release, the emergency coordinator must
monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment, wherever this is appropriate.
(7) Immediately after an emergency, the
emergency coordinator must provide for treating, storing, or disposing of
recovered secondary material, contaminated soil or surface water, or any other
material that results from a release, fire, or explosion at the facility.
Unless the hazardous secondary material generator can demonstrate, in
accordance with section 261.3(c) or (d), that the recovered material is not a
hazardous waste, the owner or operator becomes a generator of hazardous waste
and must manage it in accordance with all applicable requirements of
R.61-79.262, 263, and 265.
(8) The
emergency coordinator must ensure that, in the affected area(s) of the
facility:
(i) No secondary material that may
be incompatible with the released material is treated, stored, or disposed of
until cleanup procedures are completed; and
(ii) All emergency equipment listed in the
contingency plan is cleaned and fit for its intended use before operations are
resumed.
(9) The
hazardous secondary material generator must note in the operating record the
time, date, and details of any incident that requires implementing the
contingency plan. Within fifteen (15) days after the incident, a written report
must be submitted on the incident to the Department. The report must include:
(i) Name, address, and telephone number of
the hazardous secondary material generator;
(ii) Name, address, and telephone number of
the facility;
(iii) Date, time, and
type of incident (e.g., fire, explosion);
(iv) Name and quantity of material(s)
involved;
(v) The extent of
injuries, if any;
(vi) An
assessment of actual or potential hazards to human health or the environment,
where this is applicable; and
(vii)
Estimated quantity and disposition of recovered material that resulted from the
incident.
(g) Personnel training. All employees must be thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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