Section 335.589 - Contingency Plan(a) Purpose and implementation of contingency plan.(1) Each owner or operator of a facility subject to this subchapter shall 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 waste or constituents of such waste to air, soil, or surface water. The contingency plan must be submitted to the executive director with the permit application and, after modification or approval, will become a condition of any permit issued.(2) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of waste or constituents of such waste that could threaten human health or the environment.(b) Content of contingency plan. (1) The contingency plan must describe the actions facility personnel must take to comply with subsections (a) and (f) of this section in response to fires, explosions, or any unplanned sudden or non-sudden release of waste or constituents of such waste to air, soil, or surface water at the facility.(2) If the owner or operator manages waste in tanks and has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with Title 40 Code of Federal Regulations (CFR) Part 112, 40 CFR Part 1510, or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate waste management provisions that are sufficient to comply with the requirements of this part.(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.(4) The plan must specify that the owner or operator will maintain a list of names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see subsection (e) of this section), and this list must be kept up-to-date and at the facility. 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.(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, 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 waste or fires).(c) 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.(d) Changes to the contingency plan. The contingency plan must be reviewed, and immediately updated, 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 waste or constituents of such waste, or changes the response necessary in an emergency; or(4) the list of emergency equipment changes.(e) 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 shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, 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.(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: (A) activate 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 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 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 waste surface water run-off 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 that could threaten human health, or the environment, outside the facility and if the emergency coordinator's assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities, and must be available to help appropriate officials decide whether local areas should be evacuated.(5) The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for that geographical area, (in the applicable regional contingency plan under 40 CFR Part 1510) or the National Response Center (using their 24-hour toll free number 1-800-424-8802). 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.(6) 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 waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers.(7) 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.(8) Immediately after an emergency, the emergency coordinator shall 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. The owner or operator shall classify all recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility in accordance with Subchapter R of this chapter (relating to Waste Classification) and in accordance with all applicable requirements of Subchapter A of this chapter (relating to Industrial Solid Waste and Municipal Hazardous Waste in General).(9) The emergency coordinator shall ensure that, in the affected area(s) of the facility: (A) no waste 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 its intended use before operations are resumed.(10) The owner or operator shall notify the executive director, and other appropriate state and local authorities, that the facility is in compliance with paragraph (8) of this subsection before operations are resumed in the affected area(s) of the facility.(11) The owner or operator 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, the owner or operator shall submit a written report on the incident to the executive director. The report must include:(A) name, address, and telephone number of the owner or operator;(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 material(s) 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.30 Tex. Admin. Code § 335.589
The provisions of this §335.589 adopted to be effective March 21, 2004, 29 TexReg 2888