Current through Register Vol. 24-06, March 15, 2024
(1)
Applicability. The regulations of this section apply to those areas of a large
quantity generator's facility where dangerous waste is generated or accumulated
on site.
(2) A large quantity
generator facility must be designed, constructed, maintained and operated to
minimize the possibility of fire, explosion, or any unplanned sudden or
nonsud-den release of dangerous waste, hazardous substance or dangerous waste
constituents to air, soil, or surface or groundwa-ter which could threaten the
public health or the environment. This section describes preparations and
preventive measures which help avoid or mitigate such situations.
(3) Required equipment. All areas deemed
applicable by subsection (1) of this section must be equipped with the
following, unless it can be demonstrated to the department that none of the
hazards posed by waste or hazardous substance handled at the facility could
require a particular kind of equipment specified below. A large quantity
generator may determine the most appropriate locations within its facility to
locate equipment necessary to prepare for and respond to emergencies:
(a) An internal communications or alarm
system capable of providing immediate emergency instruction (voice or signal)
to facility personnel;
(b) A
device, such as a telephone (immediately available at the scene of operations)
or a hand-held, two-way radio, capable of summoning emergency assistance from
local police departments, fire departments, or state or local emergency
response teams;
(c) Portable fire
extinguishers, fire control equipment (including special extinguishing
equipment, such as those using foam, inert gas, or dry chemicals), spill
control equipment, and decontamination equipment; and
(d) Water at adequate volume and pressure to
supply water hose streams, foam producing equipment, automatic sprinklers, or
water spray systems.
(4)
Testing and maintenance of equipment. All facility communications or alarm
systems, fire protection equipment, spill control equipment, and
decontamination equipment, where required, must be tested and maintained as
necessary to assure its proper operation in time of emergency.
(5) Access to communications or alarms.
Personnel must have immediate access to the signaling devices described in the
situations below:
(a) Whenever dangerous
waste is being poured, mixed, spread, or otherwise handled, all personnel
involved must have immediate access (e.g., direct or unimpeded access) to an
internal alarm or emergency communication device, either directly or through
visual or voice contact with another employee, unless such a device is not
required in subsection (3) of this section;
(b) If there is ever just one employee on the
premises while the facility is operating, they must have immediate access
(e.g., direct or unimpeded access) to a device, such as a telephone
(immediately available at the scene of operation) or a hand-held, two-way
radio, capable of summoning external emergency assistance, unless such a device
is not required in subsection (3) of this section.
(6) Aisle space. The generator must maintain
aisle space to allow the unobstructed movement of personnel, fire protection
equipment, spill control equipment, and decontamination equipment to any area
of facility operation in an emergency, unless it can be demonstrated to the
department that aisle space is not needed for any of these purposes.
(7) Arrangements with local authorities. The
large quantity generator must attempt to make the following arrangements, as
appropriate for the type of waste handled at its facility and the potential
need for the services of these organizations, unless the hazards posed by
wastes handled at the facility would not require these arrangements:
(a) Arrangements to familiarize police, fire
departments, and emergency response teams with the layout of the facility,
properties of dangerous waste handled at the facility and associated hazards,
places where facility personnel would normally be working, entrances to and
roads inside the facility, and possible evacuation routes;
(b) Arrangements to familiarize local
hospitals with the properties of dangerous waste handled at the facility and
the types of injuries or illnesses which could result from fires, explosions,
or releases at the facility;
(c)
Agreements with state emergency response teams, emergency response contractors,
and equipment suppliers;
(d) Where
more than one party might respond to an emergency, agreements designating
primary emergency authority and agreements with any others to provide support
to the primary emergency authority;
(e) Where state or local authorities decline
to enter into such arrangements, the generator must document the refusal in the
operating record; and
(f) A
facility possessing twenty-four-hour response capabilities may seek a waiver
from the authority having jurisdiction (AHJ) over the fire code with the
facility's locality as far as needing to make arrangements with the local fire
department as well as any other organization necessary to respond to an
emergency, provided that the waiver is documented in the generator's operating
record.
(8) Contingency
plan purpose and implementation.
(a) The
large quantity generator must have a contingency plan for the facility. The
purpose of a contingency plan and emergency procedures is to lessen the
potential impact on the public health and the environment due to any emergency
event such as, but not limited to, a fire, natural disaster, explosion, or any
unplanned sudden or nonsudden release of dangerous waste, hazardous substance
or dangerous waste constituents to air, soil, surface water, or
groundwater.
(b) A contingency plan
must be developed to lessen the potential impacts of such emergency events, and
the plan must be implemented immediately when such emergency events
occur.
(9) Contents of a
contingency plan.
(a) Each large quantity
generator must have a contingency plan at their facility for use in emergencies
or any sudden or nonsudden releases which threaten human health and the
environment. If the generator has already prepared a spill prevention control
and countermeasures (SPCC) plan in accordance with 40 C.F.R. Part 112, or some
other emergency or contingency plan, they need only amend that plan to
incorporate dangerous waste management provisions that are sufficient to comply
with the requirements of this section. The large quantity generator may develop
one contingency plan that meets all regulatory requirements. Ecology recommends
that the plan be based on the National Response Team's Integrated Contingency
Plan Guidance ("One Plan").
(b) The
contingency plan must contain the following:
(i) A description of the actions which
facility personnel must take to comply with subsections (8) and (14) of this
section and WAC
173-303-145;
(ii) A description of the actions which will
be taken in the event that a dangerous waste shipment, which is damaged or
otherwise presents a hazard to the public health and the environment, arrives
at the facility, and is not acceptable to the large quantity generator, but
cannot be transported, pursuant to the requirements of WAC
173-303-370(6),
manifest system, reasons for not accepting dangerous waste shipments;
(iii) A description of the arrangements
agreed to by local police departments, fire departments, hospitals,
contractors, and state and local emergency response teams to coordinate
emergency services as required in subsection (7) of this section;
(iv) A current list of names and emergency
telephone numbers of all persons qualified to act as the emergency coordinator
required in this section and this list must be kept up to date. Where more than
one 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. In situations where the large quantity generator facility has an
emergency coordinator continuously on duty because it operates twenty-four
hours per day, every day of the year, the plan may list the staffed position
(e.g., operations manager, shift coordinator, shift operations supervisor) as
well as an emergency telephone number that can be guaranteed to be answered at
all times;
(v) A list of all
emergency equipment at the facility (such as fire extinguishing systems, spill
control equipment, communications and alarm systems, 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;
and
(vi) An evacuation plan for
facility personnel where there is a possibility that evacuation could be
necessary. This plan must describe the 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 materials or
fires).
(10)
Copies of contingency plan. A copy of the contingency plan and all revisions to
the plan must be:
(a) Maintained at the large
quantity generator's facility; and
(b) Submitted by the large quantity generator
to all local emergency responders (i.e., police departments, fire departments,
hospitals, and state and local emergency response teams) that may be called
upon to provide emergency services.
(11) Quick reference guide.
(a) A large quantity generator who first
becomes subject to these provisions and any current large quantity generator
who is amending its contingency plan must at that time submit a quick reference
guide of the contingency plan to the local emergency responders identified in
subsection (10) of this section.
(b) Contents of the quick reference guide.
This quick reference guide must include the following elements:
(i) The types and names of dangerous waste in
layman's terms and the associated hazards associated with each dangerous waste
present at any one time (e.g., toxic paint waste, spent ignitable solvent,
corrosive acid);
(ii) The estimated
maximum amount of each dangerous waste that may be present at any one
time;
(iii) The identification of
any dangerous waste where exposure would require unique or special treatment by
medical or hospital staff;
(iv) A
map of the facility showing where dangerous wastes are generated, accumulated,
recycled and treated and routes for accessing these wastes;
(v) A street map of the facility in relation
to surrounding businesses, schools and residential areas to understand how best
to get to the facility and also evacuate citizens and workers;
(vi) The locations of water supply (e.g.,
fire hydrant and its flow rate);
(vii) The identification of on-site
notification systems (e.g., a fire alarm that rings off site, smoke alarms);
and
(viii) The name of the
emergency coordinator(s) and seven days/twenty-four-hours emergency telephone
num-ber(s) or, in the case of a facility where an emergency coordinator is
continuously on duty, the emergency telephone number for the emergency
coordinator.
(c)
Generators must update, if necessary, their quick reference guides, whenever
the contingency plan is amended and submit these documents to the local
emergency respond-ers identified in this section.
(12) Amendments of a contingency plan. The
large quantity generator must review and immediately amend the contingency
plan, if necessary, whenever:
(a) Applicable
regulations are revised;
(b) The
plan fails in an emergency;
(c) The
generator's 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 dangerous waste or dangerous
waste constituents, or in a way that changes the response necessary in an
emergency;
(d) The list of
emergency coordinators changes; or
(e) The list of emergency equipment
changes.
(13) Emergency
coordinator. At all times, there must be at least one employee either on the
facility premises or on call (that is, 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, required by subsection (9) of this section, all operations and activities
at the facility, the location and properties of all wastes 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 and to implement the necessary emergency
procedures outlined in subsection (14) of this section.
(14) Emergency procedures. The following
procedures must be implemented in the event of an emergency:
(a) Whenever there is an imminent or actual
emergency situation, the emergency coordinator (or 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.
(b) 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.
(c) Concurrently, the
emergency coordinator must assess possible hazards to human health and the
environment (considering direct, indirect, immediate, and long-term effects)
that may result from the release, fire, or explosion.
(d) If the emergency coordinator determines
that the facility has had a release, fire, or explosion which could threaten
human health or the environment, they must report their findings as follows:
(i) If their assessment indicates that
evacuation of local areas may be advisable, they must immediately notify
appropriate local authorities. They must be available to help appropriate
officials decide whether local areas should be evacuated; and
(ii) They must immediately notify the
department and either the government official designated as the on-scene
coordinator, or the National Response Center (using their twenty-four-hour toll
free number 1-800-424-8802).
(e) Their assessment report must include:
(i) Name and telephone number of
reporter;
(ii) Name and address of
facility;
(iii) Time and type of
incident (e.g., release, fire);
(iv) Name and quantity of material(s)
involved, to the extent known;
(v)
The extent of injuries, if any; and
(vi) The possible hazards to human health or
the environment outside the facility.
(f) 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 dangerous
waste at the facility. These measures must include, where applicable, stopping
processes and operations, collecting and containing released waste, and
removing or isolating containers.
(g) 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.
(h) Immediately after an emergency, the
emergency coordinator must provide for treating, storing, or disposing of
recovered waste, contaminated soil or surface water, or any other material that
results from a release, fire, or explosion at the facility.
(i) The emergency coordinator must ensure
that, in the affected area(s) of the facility:
(i) No waste 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.
(j) The large quantity generator must notify
the department, and appropriate local authorities, that the facility is in
compliance with this subsection (14)(i) of this section before operations are
resumed in the affected area(s) of the facility.
(k) The large quantity generator must note in
the operating record the time, date, and details of any incident that requires
implementing the contingency plan. Within fifteen days after the incident, they
must submit a written report on the incident to the department. The report must
include:
(i) Name, address, and telephone
number of the 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;
(vii) Estimated quantity and disposition of
recovered material that resulted from the incident;
(viii) Cause of incident; and
(ix) Description of corrective action taken
to prevent reoccurrence of the incident.
Statutory Authority:
Chapters
70.105,
70.105D, and
15.54 RCW and
RCW
70.105.007. 04-24-065 (Order 03-10), §
173-303-201, filed 11/30/04, effective 1/1/05; 00-11-040 (Order 99-01), §
173-303-201, filed 5/10/00, effective 6/10/00. Statutory Authority:
Chapters
70.105 and
70.105D RCW. 98-03-018 (Order
97-03), § 173-303-201, filed 1/12/98, effective 2/12/98; 95-22-008 (Order
94-30), § 173-303-201, filed 10/19/95, effective 11/19/95; 94-01-060
(Order 92-33), § 173-303-201, filed 12/8/93, effective 1/8/94. Statutory
Authority:
Chapters
70.105 and
70.105D RCW, 40 C.F.R. Part 271.3
and RCRA § 3006 ( 42 U.S.C. 3251 ). 91-07-005 (Order 90-42), §
173-303-201, filed 3/7/91, effective 4/7/91. Statutory Authority:
Chapter
70.105 RCW. 87-14-029
(Order DE-87-4), § 173-303-201, filed 6/26/87; 86-12-057 (Order DE-85-10),
§ 173-303-201, filed 6/3/86.