[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR264.56]

[Page 230-231]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 264_STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, 
STORAGE, AND DISPOSAL FACILITIES--Table of Contents
 
           Subpart D_Contingency Plan and Emergency Procedures
 
Sec. 264.56  Emergency procedures.

    (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. He may do this by 
observation or review of 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

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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-off 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, he must report his findings as 
follows:
    (1) If his assessment indicates that evacuation of local areas may 
be advisable, he must immediately notify appropriate local authorities. 
He must be available to help appropriate officials decide whether local 
areas should be evacuated; and
    (2) He must immediately notify either the government official 
designated as the on-scene coordinator for that geographical area, (in 
the applicable regional contingency plan under part 1510 of this title) 
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 facility;
    (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 
facility. These measures must include, where applicable, stopping 
processes and operations, collecting and containing release waste, and 
removing or isolating containers.
    (f) 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.
    (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.

[Comment: Unless the owner or operator can demonstrate, in accordance 
with Sec. 261.3(c) or (d) of this chapter, 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 parts 262, 263, and 264 of this chapter.]

    (h) The emergency coordinator must ensure that, in the affected 
area(s) of the facility:
    (1) No 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 owner or operator must notify the Regional Administrator, 
and appropriate State and local authorities, that the facility is in 
compliance with paragraph (h) of this section before operations are 
resumed in the affected area(s) of the facility.
    (j) 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, he must submit a 
written report on the incident to the Regional Administrator. The report 
must include:
    (1) Name, address, and telephone number of the owner or operator;
    (2) Name, address, and telephone number of the facility;
    (3) Date, time, and type of incident (e.g., fire, explosion);
    (4) Name and quantity of material(s) involved;
    (5) The extent of injuries, if any;
    (6) An assessment of actual or potential hazards to human health or 
the environment, where this is applicable; and
    (7) Estimated quantity and disposition of recovered material that 
resulted from the incident.

[45 FR 33221, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]

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