Current through Bulletin 2024-06, March 15, 2024
A generator or an intermediate or reclamation facility that
generates or accumulates more than 6000 kg of hazardous secondary material
shall 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 6000 kg of hazardous
secondary material shall have a contingency plan for his facility. The
contingency plan shall 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 shall 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 shall describe the
actions facility personnel shall take to comply with Subsection R315-261-420(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 6000 kg of hazardous secondary
material has already prepared a Spill Prevention, Control, and Countermeasures
(SPCC) Plan in accordance with 40 CFR 112, or some other emergency or
contingency plan, he need only amend that plan to incorporate hazardous waste
management provisions that are sufficient to comply with the requirements of
Rule R315-261. The hazardous secondary material generator or an intermediate or
reclamation facility may develop one contingency plan which meets all
regulatory requirements. The Director recommends that the plan be based on the
National Response Team's Integrated Contingency Plan Guidance ("One Plan").
When modifications are made to non-hazardous waste provisions in an integrated
contingency plan, the changes do not trigger the need for a hazardous waste
permit modification.
(3) The plan
shall 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 Subsection
R315-262-410(f).
(4) The plan shall
list names, addresses, and phone numbers, office and home, of all persons
qualified to act as emergency coordinator, see Subsection R315-261-420(e), and
this list shall be kept up-to-date. Where more than one person is listed, one
shall be named as primary emergency coordinator and others shall be listed in
the order in which they shall assume responsibility as alternates.
(5) The plan shall 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 shall be
kept up to date. In addition, the plan shall include the location and a
physical description of each item on the list, and a brief outline of its
capabilities.
(6) The plan shall
include an evacuation plan for facility personnel where there is a possibility
that evacuation could be necessary. This plan shall 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 shall 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 shall 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 shall be at least one 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 shall be thoroughly
familiar with all aspects of the facility's contingency plan, all operations
and activities at the facility, the location and characteristics of hazardous
secondary material handled, the location of all records within the facility,
and the facility layout. In addition, this person shall have the authority to
commit the resources needed to carry out the contingency plan. The emergency
coordinator's responsibilities are more fully spelled out in Subsection
R315-261-420(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 his designee when the
emergency coordinator is on call, shall 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 shall
immediately identify the character, exact source, amount, and areal extent of
any released materials. The emergency coordinator may do this by observation or
review of facility records or manifests and, if necessary, by chemical
analysis.
(3) Concurrently, the
emergency coordinator shall assess possible hazards to human health or the
environment that may result from the release, fire, or explosion. This
assessment shall 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, he
shall report his findings as follows:
(i) If
his assessment indicates that evacuation of local areas may be advisable, the
emergency coordinator shall immediately notify appropriate local authorities.
The emergency coordinator shall be available to help appropriate officials
decide whether local areas should be evacuated; and
(ii) The emergency coordinator shall
immediately notify the Utah Department of Environmental Quality 24 hour
answering service at 801/536-4123, and the National Response Center, using
their 24hour toll free number 800/424-8802. The report shall 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 shall 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 shall 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 shall
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 shall 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 Subsections
R315-261-3(c) or
(d), that the recovered material is not a
hazardous waste, the owner or operator becomes a generator of hazardous waste
and shall manage it in accordance with all applicable requirements of Rules
R315-262, 263, and 265.
(8) The
emergency coordinator shall 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 shall note in the operating record the
time, date, and details of any incident that requires implementing the
contingency plan. Within 15 days after the incident, he shall submit a written
report on the incident to the Director. The report shall 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.