Hazardous Waste Generator Regulations Compendium Volume 13: Preparedness, Prevention, & Emergency Procedures and Personnel Training January 2022 U.S. Environmental Protection Agency Office of Resource Conservation and Recovery Materials Recovery and Waste Management Division United States Environmental Protection Agency 1 ------- Main Index Volume 13: Preparedness, Prevention, and Emergency Procedures Introduction Resource View Resources by Document Category Code of Federal Regulations (CFR) View Index CFR View 10 7 3 5 9 This document includes the following sections: • Resource View - outlines the document types by which resources are organized. • Resources by Document Category - lists resources for each document category outlined in the Resource View. • CFR View - provides relevant Code of Federal Regulations (CFR) language reformatted for easy reading. These three main sections are cross-referenced, i.e., each section includes hyperlinks to the other sections. In addition, each section and its accompanying index include a hyperlink to the Main Index that allows the user to easily navigate from one section to another. 2 ------- Introduction Return to: Main Index About the Compendium The Hazardous Waste Generator Regulations Compendium serves as a user-friendly reference to assist regulators, industrial facilities generating and managing solid and hazardous wastes, and the general public in locating resources relevant to specific regulatory topics within the federal hazardous waste generator program. The objective of this document is to consolidate and streamline the various resources on a topic into a user-friendly format, including references to relevant CFR language, Federal Register (FR) notices, documents posted on RCRA Online (i.e., guidance in the form of memoranda issued by EPA, Q&As, and other publications), and other resources, such as Frequent Questions webpages. The Compendium has been divided into multiple volumes that are available here: www.epa.gov/hwgenerators/hazardous-waste-generator-regulations-compendium. This document does not change any of the existing solid or hazardous waste requirements, nor does it offer an exhaustive list of relevant resources, as new resources may come into being or older ones may be relevant to a specific issue, but not included. Certain available resources, such as superseded RCRA Online documents, have not been referenced. Rather than including or reproducing referenced resources, this document generally provides hyperlinks to individual resources. As an exception, the Compendium does include relevant sections of the most current CFR regulatory language (as of the date on the cover of the Compendium). The included CFR language has been reformatted to make it easier to read, but it is not a substitute for the official CFR itself, or for the requirements in the CFR. The Government Printing Office frequently updates the e-CFR website; where appropriate, hyperlinks to the respective CFR section at the e- CFR website are provided. Most states are authorized to administer their own RCRA Subtitle C hazardous waste program. Therefore, states may have their own set of regulations that apply in lieu of federal regulations. State regulations must be at least as stringent as the federal standards, but they can be more stringent. Please visit the following website to determine if the state regulatory program is different from the federal program: https://www.epa.gov/hwgenerators/links-hazardous-waste- programs-and-us-state-environmental-agencies, and check with your state agency. About the Preparedness, Prevention, and Emergency Procedures Volume This volume of the Compendium lists resources pertaining to the preparedness, prevention, and emergency procedures provisions for SQGs and LQGs that are found at 40 CFR 262.16(b)(8) & (9) and 262.250-265 (Subpart M) and the personnel training provisions for Small Quantity Generators (SQGs) and Large Quantity Generators (LQGs) found at 40 CFR 262.16(b)(9)(iii) and 262.17(a)(7). For more information regarding other topics that apply to facilities generating hazardous waste, refer to other volumes of the Compendium and EPA's Hazardous Waste Generators Webpage. Please note that the Hazardous Waste Generator Improvements rule of 2016 created new sections in Part 262, which contains the regulations pertaining to generators. Accordingly, some citations in the generator requirements in older resources in this Compendium are outdated, including 3 ------- references to § 261.5, § 262.34, and others. Please see the preamble to the final Hazardous Waste Generator Improvements rule for a discussion of the reorganization of the regulations (81 FR 85735-85740, November 28, 2016). For a specific crosswalk of the regulation citation changes, refer to www.epa.gov/hwgenerators/hazardous-waste-generator-regulations-crosswalk. For more information on these regulations and any other questions or comments concerning this document, please contact EPA's Office of Resource Conservation and Recovery: Kathy Lett 1 ett. kathy @epa. gov Mary Beth Sheridan sheridan.marybeth@epa.gov U.S. Environmental Protection Agency Office of Resource Conservation and Recovery 1200 Pennsylvania Avenue, N.W. (MC: 5304T) Washington, DC 20460 4 ------- Resource View Return to: Main Index Preparedness, Prevention, and Emergency Procedures - SQGs Resource Index: • Resource Type: o Memoranda o Questions and Answers (O&As) o Federal Register Notices Preparedness, Prevention, and Emergency Procedures - LQGs Resource Index: • Resource Type: o Memoranda o Questions and Answers (Q&As) o Federal Register Notices 5 ------- Resources by Document Category - SQGs Return to: Main Index Document Category RCRA Online/ FR Number Resource Document Date Keyword(s) Notes Memoranda 11429 Generator Personnel Training Requirements 05/09/1989 Personnel Training; Occupational Safety and Health Administration (OSHA); Contingency Plans; Emergency Coordinator 14892 Safe Handling, Storage, and Treatment of Waste Fireworks 07/06/2017 Personnel Training Fireworks; Personnel Training; Emergency Procedures; Alarms; Emergency Communication Device Q&As Weblink Frequent Questions About Hazardous Waste Generation Last Updated 10/07/2020 Making Arrangements; Satellite Accumulation Areas & Contingency Plans; Quick Reference Guide Federal Register Notices 62 FR 6622 Military Munitions Rule: Hazardous Waste Identification and Management; Explosives Emergencies; Manifest Exemption for Transport of Hazardous Waste on Right-of- Ways on Contiguous Properties 02/12/1997 Emergency Coordinator; Emergency on Public Roads; Waste Movement Activities; Contiguous Properties; Manifest See the discussion of emergency planning when hazardous waste is transported without a manifest in the left column on page 6646. 81 FR 85732 Hazardous Waste Generator Improvements Rule 11/28/2016 Satellite Accumulation Areas (SAAs); Required Equipment; Alarm Systems; "Next to the Telephone"; Contractors See pages 85739; 85766, and 85790-85797 of the preamble. 6 ------- Resources by Document Category - LQGs Return to: Main Index Document Category RCRA Online/ FR Number Resource Document Date Keyword(s) Notes Memoranda 11429 Generator Personnel Training Requirements 05/09/1989 Personnel Training; Occupational Safety and Health Administration (OSHA); Contingency Plans; Emergency Coordinator 11779 Clarification on the Amount, Type, and Frequency of Training Required for Personnel Handling Hazardous Waste at Facilities 10/07/1993 Personnel Training; Developing Training Programs; Handling 14286 Interpretation of the Annual Training Requirements 06/10/1997 Personnel Training; Annual Requirement 14758 LQG Compliance with Part 265 11/07/2006 Contingency Plans; 90-Day Accumulation Units/ Central Accumulation Areas 14892 Safe Handling, Storage, and Treatment of Waste Fireworks 07/06/2017 Personnel Training Fireworks; Personnel Training; Emergency Procedures; Alarms; Emergency Communication Device Q&As Weblink Frequent Questions About Hazardous Waste Generation Last Updated 10/07/2020 Making Arrangements; Satellite Accumulation Areas & 7 ------- Document Category RCRA Online/ FR Number Resource Document Date Keyword(s) Notes Contingency Plans; Quick Reference Guide Federal Register Notices 45 FR 76620 Hazardous Waste Management System; Interim final rule and request for comments 11/19/1980 Spills; Generator Requirements; Permit Exemption See page 76629 of the preamble. 62 FR 6622 Military Munitions Rule: Hazardous Waste Identification and Management; Explosives Emergencies; Manifest Exemption for Transport of Hazardous Waste on Right-of-Ways on Contiguous Properties 02/12/1997 Emergency Coordinator; Emergency on Public Roads; Waste Movement Activities; Contiguous Properties; Manifest See the discussion of emergency planning when hazardous waste is transported without a manifest in the left column on page 6646. 71 FR 16862 Resource Conservation and Recovery Act Burden Reduction Initiative 04/04/2006 Integrated Contingency Plan; One Plan; Personnel Training; OSHA See page 16864 of the preamble. 81 FR 85732 Hazardous Waste Generator Improvements Rule; Final Rule 11/28/2016 Satellite Accumulation Areas (SAAs); Preparedness, Prevention and Emergency Procedures; Contingency Plans; Quick Reference Guide See pages 85739; 85766, and 85790-85797 of the preamble. 8 ------- CFR View Index Return to: Main Index CFR Location Title/Topic Small Quantity Generators (SQGs) 262.16(b)(8) Preparedness and prevention 262.16(b)(9) Emergency procedures Large Quantity Generators (LQGs) 262.17(a)(6) Emergency procedures 262.17(a)(7) Personnel training Subpart M 262.250 Applicability [for LQGs] 262.251 Maintenance and operation of facility 262.252 Required equipment 262.253 Testing and maintenance of equipment 262.254 Access to communications or alarm system 262.255 Required aisle space 262.256 Arrangements with local authorities 262.260 Purpose and implementation of contingency plan 262.261 Content of contingency plan 262.262 Copies of contingency plan 262.263 Amendment of contingency plan 262.264 Emergency coordinator 262.265 Emergency procedures 9 ------- CFR View Return to: Main Index NOTE: The CFR language may have been excerpted, reformatted and appended with subheadings and explanations/terms in brackets. Small Quantity Generators (SQGs) § 262.16(b)(8) Preparedness and prevention View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index (i) Maintenance and operation of facility. A small quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment. (ii) Required equipment. All areas where hazardous waste is either generated or accumulated must be equipped with the items in paragraphs (b)(8)(ii)(A) through (D) of this section (unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below). A small quantity generator may determine the most appropriate locations 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 that 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, or foam producing equipment, or automatic sprinklers, or water spray systems. (iii) Testing and maintenance of equipment. All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to [ensure] its proper operation in time of emergency. (iv) Access to communications or alarm system. 10 ------- (A) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation 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 under paragraph (a)(8)(ii) of this section. (B) In the event there is just one employee on the premises while the facility is operating, the employee 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 under paragraph (a)(8)(ii) of this section. (v) Required aisle space. The small quantity 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 aisle space is not needed for any of these purposes. (vi) Arrangements with local authorities. (A) The small quantity generator must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee, if it is determined to be the appropriate organization with which to make arrangements. (1) A small quantity generator attempting to make arrangements with its local fire department must determine the potential need for the services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals. (2) As part of this coordination, the small quantity generator shall attempt to make arrangements, as necessary, to familiarize the above organizations with the layout of the facility, the properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the facility. (3) Where more than one police or fire department might respond to an emergency, the small quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority. (B) A small quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization 11 ------- necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made. (C) A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction (AHJ) over the fire code within the facility's state or 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 operating record. § 262.16(b)(9) Emergency procedures View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index The small quantity generator complies with the following conditions for those areas of the generator facility where hazardous waste is generated and accumulated: (i) At all times there must be at least one employee either on the 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 specified in paragraph (b)(9)(iv) of this section. This employee is the emergency coordinator. (ii) The small quantity generator must post the following information next to telephones or in areas directly involved in the generation and accumulation of hazardous waste: (A) The name and emergency telephone number of the emergency coordinator; (B) Location of fire extinguishers and spill control material, and, if present, fire alarm; and (C) The telephone number of the fire department, unless the facility has a direct alarm. (iii) The small quantity generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies; (iv) The emergency coordinator or his designee must respond to any emergencies that arise. The applicable responses are as follows: (A) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher; 12 ------- (B) In the event of a spill, the small quantity generator is responsible for containing the flow of hazardous waste to the extent possible, and as soon as is practicable, cleaning up the hazardous waste and any contaminated materials or soil. Such containment and cleanup can be conducted either by the small quantity generator or by a contractor on behalf of the small quantity generator; (C) In the event of a fire, explosion, or other release that could threaten human health outside the facility or when the small quantity generator has knowledge that a spill has reached surface water, the small quantity generator must immediately notify the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include the following information: (1) The name, address, and U.S. EPA identification number of the small quantity generator; (2) Date, time, and type of incident (e.g., spill or fire); (3) Quantity and type of hazardous waste involved in the incident; (4) Extent of injuries, if any; and (5) Estimated quantity and disposition of recovered materials, if any. 13 ------- Large Quantity Generators (LQGs) § 262.17(a)(6) Emergency procedures View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index The large quantity generator complies with the standards in subpart M of this part, Preparedness, Prevention and Emergency Procedures for Large Quantity Generators. § 262.17(a)(7) Personnel training View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index (i) (A) Facility personnel must successfully complete a program of classroom instruction, online training (e.g., computer-based or electronic), or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this part. The large quantity generator must ensure that this program includes all the elements described in the document required under paragraph (a)(7)(iv) of this section. (B) This program must be directed by a person trained in hazardous waste management procedures, and must include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed. (C) At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including where applicable: (1) Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; (2) Key parameters for automatic waste feed cut-off systems; (3) Communications or alarm systems; (4) Response to fires or explosions; (5) Response to ground-water contamination incidents; and (6) Shutdown of operations. (D) For facility employees that receive emergency response training pursuant to Occupational Safety and Health Administration regulations 29 CFR 1910.120(p)(8) and 1910.120(q), the large quantity generator is not required to provide separate emergency response training pursuant to this section, provided that the overall facility training meets all the conditions of exemption in this section. 14 ------- (ii) Facility personnel must successfully complete the program required in paragraph (a)(7)(i) of this section within six months after the date of their employment or assignment to the facility, or to a new position at the facility, whichever is later. Employees must not work in unsupervised positions until they have completed the training standards of paragraph (a)(7)(i) of this section. (iii) Facility personnel must take part in an annual review of the initial training required in paragraph (a)(7)(i) of this section. (iv) The large quantity generator must maintain the following documents and records at the facility: (A) The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job; (B) A written job description for each position listed under paragraph (a)(7)(iv)(A) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position; (C) A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (a)(7)(iv)(A) of this section; (D) Records that document that the training or job experience, required under paragraphs (a)(7)(i), (ii), and (iii) of this section, has been given to, and completed by, facility personnel. (v) Training records on current personnel must be kept until closure of the facility. Training records on former employees must be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company. Subpart M § 262.250 Applicability [for LQGs] View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index The regulations of this subpart apply to those areas of a large quantity generator where hazardous waste is generated or accumulated on site. § 262.251 Maintenance and operation of facility View Resources I Go to e-CFR I Return to: CFR Index I Resource View I Main Index 15 ------- A large quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment. § 262.252 Required equipment View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index All areas deemed applicable by §262.250 must be equipped with the items in paragraphs (a) through (d) of this section [(unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual waste generation or accumulation area does not require a particular kind of equipment specified below to ensure safety)]. 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 that 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, or foam producing equipment, or automatic sprinklers, or water spray systems. § 262.253 Testing and maintenance of equipment View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to [ensure] its proper operation in time of emergency. § 262.254 Access to communications or alarm system View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index (a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through 16 ------- visual or voice contact with another employee, unless such a device is not required under § 262.252. (b) In the event there is just one employee on the premises while the facility is operating, the employee 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 under §262.252. § 262.255 Required aisle space View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index The large quantity 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 aisle space is not needed for any of these purposes. § 262.256 Arrangements with local authorities View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index (a) The large quantity generator must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee, if it is determined to be the appropriate organization with which to make arrangements. (1) A large quantity generator attempting to make arrangements with its local fire department must determine the potential need for the services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals. (2) As part of this coordination, the large quantity generator shall attempt to make arrangements, as necessary, to familiarize the above organizations with the layout of the facility, the properties of the hazardous waste handled at the facility and associated hazards, places where personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses which could result from fires, explosions, or releases at the facility. (3) Where more than one police or fire department might respond to an emergency, the large quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority. 17 ------- (b) The large quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made. (c) A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction (AHJ) over the fire code within the facility's state or 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 operating record. § 262.260 Purpose and implementation of contingency plan View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index (a) A large quantity generator must have a contingency plan for the 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 waste or hazardous waste constituents to air, soil, or surface water. (b) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. § 262.261 Content of contingency plan View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index (a) The contingency plan must describe the actions facility personnel must take to comply with §§262.260 and 262.265 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility. (b) If the generator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with part 112 of this chapter, or some other emergency or contingency plan, it need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the standards of this part. The generator may develop one contingency plan that meets all regulatory standards. EPA recommends that the plan be based on the National Response Team's Integrated Contingency Plan Guidance ("One Plan"). (c) The plan must describe arrangements agreed to with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, local hospitals or, if applicable, the Local Emergency Planning Committee, pursuant to §262.256. 18 ------- (d) The plan must list names and emergency telephone numbers of all persons qualified to act as emergency coordinator (see §262.264), 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 generator facility has an emergency coordinator continuously on duty because it operates 24 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. (e) 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. (f) The plan must include an evacuation plan for generator 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). § 262.262 Copies of contingency plan View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index A copy of the contingency plan and all revisions to the plan must be maintained at the large quantity generator and— (a) The large quantity generator must submit a copy of the contingency plan and all revisions 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). This document may also be submitted to the Local Emergency Planning Committee, as appropriate. (b) A large quantity generator that first becomes subject to these provisions after May 30, 2017 or a large quantity generator that is otherwise amending its contingency plan must at that time submit a quick reference guide of the contingency plan to the local emergency responders identified at paragraph (a) of this section or, as appropriate, the Local Emergency Planning Committee. The quick reference guide must include the following elements: (1) The types/names of hazardous wastes in layman's terms and the associated hazard associated with each hazardous waste present at any one time (e.g., toxic paint wastes, spent ignitable solvent, corrosive acid); (2) The estimated maximum amount of each hazardous waste that may be present at any one time; 19 ------- (3) The identification of any hazardous wastes where exposure would require unique or special treatment by medical or hospital staff; (4) A map of the facility showing where hazardous wastes are generated, accumulated and treated and routes for accessing these wastes; (5) 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; (6) The locations of water supply (e.g., fire hydrant and its flow rate); (7) The identification of on-site notification systems (e.g., a fire alarm that rings off site, smoke alarms); and (8) The name of the emergency coordinator(s) and 7/24-hour emergency telephone number(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 responders identified at paragraph (a) of this section or, as appropriate, the Local Emergency Planning Committee. § 262.263 Amendment of contingency plan View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index The contingency plan must be reviewed, and immediately amended, if necessary, whenever: (a) Applicable regulations are revised; (b) The plan fails in an emergency; (c) The generator 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 waste or hazardous waste constituents, or changes the response necessary in an emergency; (d) The list of emergency coordinators changes; or (e) The list of emergency equipment changes. § 262.264 Emergency coordinator View Resources I Go to e-CFR I Return to: CFR Index I Resource View I Main Index 20 ------- At all times, there must be at least one employee either on the generator's 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 and implementing the necessary emergency procedures outlined in § 262.265. Although responsibilities may vary depending on factors such as type and variety of hazardous waste(s) handled by the facility, as well as type and complexity of the facility, this emergency coordinator must be thoroughly familiar with all aspects of the generator's contingency plan, all operations and activities at the facility, the location and characteristics of hazardous waste handled, the location of all records within the facility, and the facility's layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan. § 262.265 Emergency procedures View Resources | Go to e-CFR | Return to: CFR Index | Resource View | Main Index (a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately: (1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and (2) 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. The emergency coordinator may do this by observation or review of the facility records or manifests and, if necessary, by chemical analysis. (c) 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). (d) 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 must report the findings as follows: (1) If the assessment indicates that evacuation of local areas may be advisable, the emergency coordinator must immediately notify appropriate local authorities. The emergency coordinator must be available to help appropriate officials decide whether local areas should be evacuated; and 21 ------- (2) The emergency coordinator must immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include: (i) Name and telephone number of reporter; (ii) Name and address of the generator; (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. (e) 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 waste at the generator's facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released hazardous waste, and removing or isolating containers. (f) If the generator 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. (g) 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. Unless the generator can demonstrate, in accordance with § 261.3(c) or (d) of this chapter, that the recovered material is not a hazardous waste, then it is a newly generated hazardous waste that must be managed in accordance with all the applicable requirements and conditions for exemption in parts 262, 263, and 265 of this chapter. (h) The emergency coordinator must ensure that, in the affected area(s) of the facility: (1) No hazardous waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and (2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed. (i) The generator must 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, the generator must submit a written report on the incident to the Regional Administrator. The report must include: 22 ------- (1) Name, address, and telephone number of the generator; (2) Date, time, and type of incident (e.g., fire, explosion); (3) Name and quantity of material(s) involved; (4) The extent of injuries, if any; (5) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and (6) Estimated quantity and disposition of recovered material that resulted from the incident. 23 ------- |