Ohio Admin. Code 3745-51-420 - Contingency planning and emergency procedures for facilities generating or accumulating more than six thousand kilograms of hazardous secondary material
(A)
Purpose and implementation of contingency plan.
(1)
Each generator or
an intermediate or reclamation facility operating under a verified recycler
variance under paragraph (D) of rule
3745-50-24 of the Administrative
Code that accumulates more than six thousand kilograms of hazardous secondary
material shall have a contingency plan for the 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 contingency 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 paragraphs (A) and (F) of this
rule 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 facility or reclamation facility operating under a verified
recycler variance under paragraph (D) of rule
3745-50-24 of the Administrative
Code accumulating more than six thousand kilograms of hazardous secondary
material has already prepared a "Spill Prevention, Control, and Countermeasures
(SPCC) Plan" in accordance with 40 CFR Part 112, or some other emergency plan
or contingency plan, that plan need only be amended to incorporate hazardous
waste management provisions that are sufficient to comply with the requirements
of Chapter 3745-51 of the Administrative Code. The hazardous secondary material
generator or an intermediate facility or reclamation facility operating under a
verified recycler variance under paragraph (D) of rule
3745-50-24 of the Administrative
Code may develop one contingency plan which meets all regulatory requirements.
Ohio 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-Resource Conservation and Recovery Act (non-RCRA) provisions in an
integrated contingency plan, the changes do not trigger the need for a
hazardous waste management permit modification.
(3)
The contingency
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 paragraph (F) of rule
3745-51-410 of the
Administrative Code.
(4)
The contingency plan shall list names, addresses, and
telephone numbers (office and home) of all persons qualified to act as
emergency coordinator [see paragraph (E) of this rule], 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
to assume responsibility as alternates.
(5)
The contingency
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
contingency plan shall include the location and a physical description of each
item on the list, and a brief outline of the capabilities of each item on the
list.
(6)
The contingency plan shall include an evacuation plan
for facility personnel where there is a possibility that evacuation could be
necessary. This evacuation plan shall describe signals 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 contingency 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 contingency
plan fails in an emergency;
(3)
The facility
changes in 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 waste 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 paragraph (F) of this rule. Applicable responsibilities for the emergency
coordinator vary, depending on factors such as type and variety of hazardous
secondary materials 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
emergency coordinator's designee when the emergency coordinator is on call)
shall immediately:
(a)
Activate internal facility alarms or communication
systems, where applicable, to notify all facility personnel;
and
(b)
Notify appropriate state or local agencies with
designated response roles if help is needed from those
agencies.
(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, the emergency coordinator
shall report those findings as follows:
(a)
If the emergency
coordinator's 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
(b)
The emergency
coordinator shall immediately notify either the government official designated
as the on-scene coordinator for that geographical area, or the "National
Response Center" using the twenty-four-hour toll-free number 800/424-8802. The
report shall include:
(i)
Name and telephone number of the reporter of the
emergency;
(ii)
Name and address of facility;
(iii)
Time and type
of incident (e.g., release, fire);
(iv)
Name and
quantity of materials 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.
(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 paragraph (C) or (D) of rule
3745-51-03 of the Administrative
Code, that the recovered material is not a hazardous waste , the owner or
operator becomes a generator of hazardous waste and shall manage the hazardous
waste in accordance with all applicable requirements of Chapters 3745-52,
3745-53, 3745-65 to 3745-69, and 3745-256 of the Administrative
Code.
(8)
The emergency coordinator shall ensure that, in the
affected areas of the facility:
(a)
No secondary material that may be incompatible with the
released material is treated, stored, or disposed of until cleanup procedures
are completed; and
(b)
All emergency equipment listed in the contingency plan
is cleaned and fit for the intended use of the equipment 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 fifteen days after the
incident, the hazardous secondary material generator shall submit a written
report on the incident to the director . The report shall include:
(a)
Name, address,
and telephone number of the hazardous secondary material
generator;
(b)
Name, address, and telephone number of the
facility;
(c)
Date, time, and type of incident (e.g., fire,
explosion);
(d)
Name and quantity of materials
involved;
(e)
The extent of injuries, if any;
(f)
An assessment of
actual or potential hazards to human health or the environment, where this is
applicable; and
(g)
Estimated quantity and disposition of recovered
material that resulted from the incident.
(G)
Personnel
training. All employees shall be thoroughly familiar with proper waste handling
and emergency procedures relevant to the employee's responsibilities during
normal facility operations and emergencies.
Notes
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3734.12
Rule Amplifies: 3734.12
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