Standards for Emergency Prevention and Response

(1) Design and Operation of Facility. Facilities shall be designed, constructed, maintained, and operated to prevent and to minimize the possibility of any threat to public health, safety, or welfare, or the environment from a fire, explosion, or any other unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, surface water, or ground water. (2) Required Equipment. All facilities shall be equipped with at least the following, unless the Department determines in writing that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below: (a) An internal communications or alarm system capable of providing immediate emergency instruction, by voice or signal, to facility personnel; (b) A device, immediately available at all areas of operations, such as a telephone or a hand-held two-way radio, call box, or other instrument capable of summoning emergency assistance from, and which is acceptable to, local police departments, fire departments, or Federal, State or local emergency response teams; (c) A portable fire extinguisher; 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. (e) Clear markings identifying all exits so that everyone in the facility during an emergency can quickly find their way out of the facility during the emergency. (f) An up-to-date written list containing the following information, a copy of which list shall be prominently posted near the telephones at the site of accumulation. 1. The name(s) and telephone number(s) of the emergency coordinator(s). 2. The location(s) of the fire extinguisher(s) and spill control material(s), and, if present, the fire alarms. 3. The telephone number of the fire department, or, if there is a direct alarm system, instructions on how to activate it, or both. 4. Evacuation routes, where applicable. (3) Testing and Maintenance of Equipment. All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment shall be tested and maintained as necessary to ensure its proper operation in time of emergency. (4) Access to Communications or an Alarm System. (a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, the owner or operator shall ensure that all personnel involved in the operation always have immediate access to an internal alarm or emergency communications device, either directly or through visual or voice contact with another employee, unless the Department has determined that such a device is not required pursuant to 310 CMR 30.524(2). (b) If, at any time, only one employee is on the premises while the facility is operating, the owner or operator shall ensure that the employee always has immediate access to a device prescribed in 310 CMR 30.524(2)(b), unless the Department has determined that such a device is not required pursuant to 310 CMR 30.524(2). (5) Required Aisle Space. The owner or operator shall maintain sufficient 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 the Department determines in writing that aisle space is not needed for any of these purposes. (6) Emergency Procedures. (a) Whenever there is an imminent or actual emergency, the emergency coordinator at the facility or then on call, if having an emergency coordinator on call is authorized by the Department pursuant to 310 CMR 30.521(7) and 30.800, shall immediately: 1. Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel, 2. Notify the Department, and 3. Notify other appropriate State or local agencies with designated response roles if their help is needed. (b) Whenever there is a fire, explosion, or other release, the emergency coordinator shall: 1. Immediately identify the character, exact source, amount, and extent of all released materials, and concurrently, 2. Assess possible hazards to public health, safety, or welfare, or the environment that may result from the fire, explosion, or other release. This assessment shall consider both direct and indirect effects of the fire, explosion, or other release, e.g. the effects of any hazardous surface water run-off from water or chemical agents used to control fire or heat-induced explosions. (c) If the emergency coordinator determines that the facility has had a fire, explosion, or other release which could threaten public health, safety, or welfare of the environment, the emergency coordinator shall: 1. Immediately notify appropriate officials as identified in the facility contingency plan if the emergency coordinator's assessment indicates that evacuation of local areas may be advisable. The coordinator shall be available to help appropriate officials decide whether local areas should be evacuated; and 2. Immediately notify the Department and either the government official identified in the facility's contingency plan as the on-scene coordinator for that geographical area (in the applicable regional contingency plan pursuant to 40 CFR Part 1510), or the National Response Center using its 24-hour toll free telephone number 800-424-8802. The report shall include the name and telephone number of the individual reporting; the name and address of the facility; the time and type of incident (e.g., release, fire); the name(s) and quantity of material(s) involved, to the extent known; the extent of injuries, if any; and the possible hazards to public health, safety, or welfare, or the environment outside the facility. (d) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, runoff, and other releases do not occur, recur, or spread off the site or to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers. (e) If the facility stops operations in response to a potential or actual fire, explosion, or other release, 1. The emergency coordinator shall monitor for leaks, pressure buildup, gas generation, and ruptures in valves, pipes, or other equipment, wherever this is appropriate. 2. The emergency coordinator shall, immediately after an emergency, provide for the treatment, storage, or disposal of recovered waste, contaminated soil or surface water, or any other material that results from a fire, explosion, or other release at the facility. Unless the owner or operator can demonstrate pursuant to 310 CMR 30.100 that the recovered material is not hazardous waste, the owner or operator also becomes a generator of hazardous waste and shall manage it in compliance with all applicable requirements of 310 CMR 30.000. 3. 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 and systems listed in the contingency plan are cleaned, recharged, reactivated, and fit for their intended use before facility operations are resumed. 4. Operations shall not be resumed at the facility until the owner or operator notifies the Department and appropriate local authorities that the facility is in compliance with 310 CMR 30.524(6)(e)3. and the Department determines in writing that there is no longer a threat to public health, safety, or welfare, or the environment. (f) 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 seven days after the incident, the owner or operator shall submit a written report of the incident to the Department. The report shall include: 1. The name, address, and telephone number of the owner or operator; 2. The name, address, and telephone number of the facility; 3. The date, time, and type of incident (e.g., fire, explosion); 4. The name and quantity of material(s) involved; 5. The extent of injuries, if any; 6. An assessment of actual or potential hazards to public health, safety, welfare, or the environment, when this is applicable; 7. The estimated quantity and the disposition of recovered material that resulted from the incident; 8. All differences between the emergency response activities actually taken and those prescribed in the contingency plan and the reasons for each such difference; and 9. Proposed measures to prevent similar incidents in the future.