N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 373-2.4 - Contingency plan and emergency procedures

(a)Applicability.

The regulations in this section apply to owners and operators of all hazardous waste facilities, except as section 373-2.1(a) of this Subpart provides otherwise.

(b)Purpose and implementation of contingency plan.

(1) Each owner or operator 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 nonsudden release of hazardous waste or hazardous waste 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 waste or hazardous waste constituents which could threaten human health or the environment.

(c)Content of contingency plan.

(1) The contingency plan must describe the actions facility personnel must take to comply with subdivisions (b) and (g) of this section in response to fires, explosions, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil or surface water at the facility.

(2) If the owner or operator has already prepared a spill prevention, control and countermeasures (SPCC) plan, as defined in section 610.2(j) of this Title and 40 CFR part 300 (see section 370.1[e] of this Title), or some other emergency or contingency plan, that plan need only be amended to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this Subpart (see section 370.1[e] of this Title). The owner or operator may develop one contingency plan which meets all regulatory requirements. When modifications are made to the non-Part 370 through 374 and Part 376 provisions in an integrated contingency plan, the changes do not trigger the need for a Part 373 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 373-2.3(g) of this Subpart.

(4) The plan must list names, addresses and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see subdivision [f] of 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. For new facilities, this information must be supplied to the commissioner at the time of certification, rather than at the time of permit application.

(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).

(d)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.

Note:

The contingency plan must be submitted to the commissioner with the permit application and, after modification or approval, will become a condition of any permit issued.

(e)Amendment of contingency plan.

All amendments to the contingency plan must be approved by the commissioner in accordance with section 373-1.7 of this Part (permit modifications). The contingency plan must be reviewed, and immediately amended, if necessary, whenever:

(1) the facility permit is 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 waste or hazardous waste constituents, or changes the response necessary in an emergency;

(4) the list of emergency coordinators changes; or

(5) the list of emergency equipment changes.

Note:

A change in the lists of facility emergency coordinators or equipment in the contingency plan constitutes a minor modification to the facility permit to which the plan is a condition.

(f)Emergency coordinator.

At all times, there must 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 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.

Note:

The emergency coordinator's responsibilities are more fully spelled out in subdivision (g) of this section. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of waste(s) handled by the facility, and type and complexity of the facility.

(g)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) 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 aerial 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 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 runoff 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 emergency coordinator's 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.

(ii) The emergency coordinator must immediately notify both the department (using the New York State 24-hour oil and hazardous material spill notification number, 518/457-7362) and either the government official designated as the on-scene coordinator for that geographical area in the applicable regional contingency plan under 40 CFR part 300 (see section 370.1[e] of this Title), or the National Response Center (using their 24-hour toll-free number, 800/424-8802). 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 waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released waste, 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 waste, contaminated soil or surface water, or any other material that results from a release, fire or explosion at the facility.

Comment: Unless the owner or operator can demonstrate, in accordance with section 371.1(d)(3) or (4) of this Title, 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 Part 372 of this Title and this Subpart.

(8) 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.

(9) The owner or operator must notify the commissioner, and appropriate State and local authorities, that the facility is in compliance with paragraph (8) of this subdivision before operations are resumed in the affected area(s) of the facility.

(10) The owner or operator 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 owner or operator must submit a written report on the incident to the commissioner. The report must include:

(i) name, address and telephone number of the owner or operator;

(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.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.4

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020