1625-0096 Stat/Authority

§ 264.53

40 CFR Ch. I (7–1–12 Edition)

home) of all persons qualified to act as
emergency coordinator (see § 264.55),
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 Regional Administrator at the time of certification, rather than at the time of permit application.
(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 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).
[45 FR 33221, May 19, 1980, as amended at 46
FR 27480, May 20, 1981; 50 FR 4514, Jan. 31,
1985; 71 FR 16903, Apr. 4, 2006; 75 FR 13005,
Mar. 18, 2010]

§ 264.53

Copies of contingency plan.

A copy of the contingency plan and
all revisions to the plan must be:
(a) Maintained at the facility; and
(b) 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.

erowe on DSK2VPTVN1PROD with CFR

[Comment: The contingency plan must be
submitted to the Regional Administrator
with Part B of the permit application under
part 270, of this chapter and, after modification or approval, will become a condition of
any permit issued.]
[45 FR 33221, May 19, 1980, as amended at 48
FR 30115, June 30, 1983; 50 FR 4514, Jan. 31,
1985]

§ 264.54 Amendment
plan.

of

contingency

The contingency plan must be reviewed, and immediately amended, if
necessary, whenever:
(a) The facility permit is revised;
(b) The plan fails in an emergency;
(c) 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;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment
changes.
[45 FR 33221, May 19, 1980, as amended at 50
FR 4514, Jan. 31, 1985; 53 FR 37935, Sept. 28,
1988]

§ 264.55

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.
[Comment: The emergency coordinator’s responsibilities are more fully spelled out in
§ 264.56. 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.]

§ 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:

356

VerDate Mar<15>2010

07:51 Aug 08, 2012

Jkt 226172

PO 00000

Frm 00366

Fmt 8010

Sfmt 8010

Y:\SGML\226172.XXX

226172

erowe on DSK2VPTVN1PROD with CFR

Environmental Protection Agency

§ 264.56

(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
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, 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 § 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 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);

357

VerDate Mar<15>2010

07:51 Aug 08, 2012

Jkt 226172

PO 00000

Frm 00367

Fmt 8010

Sfmt 8010

Y:\SGML\226172.XXX

226172

§ 264.70

40 CFR Ch. I (7–1–12 Edition)

(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; 71 FR 16903, Apr. 4,
2006; 75 FR 13005, Mar. 18, 2010]

Subpart E—Manifest System,
Recordkeeping, and Reporting
§ 264.70

Applicability.

(a) The regulations in this subpart
apply to owners and operators of both
on-site and off-site facilities, except as
§ 264.1 provides otherwise. Sections
264.71, 264.72, and 264.76 do not apply to
owners and operators of on-site facilities that do not receive any hazardous
waste from off-site sources, nor to owners and operators of off-site facilities
with respect to waste military munitions exempted from manifest requirements under 40 CFR 266.203(a). Section
264.73(b) only applies to permittees who
treat, store, or dispose of hazardous
wastes on-site where such wastes were
generated.
(b) The revised Manifest form and
procedures in 40 CFR 260.10, 261.7,
264.70, 264.71. 264.72, and 264.76, shall not
apply until September 5, 2006. The
Manifest form and procedures in 40
CFR 260.10, 261.7, 264.70, 264.71. 264.72,
and 264.76, contained in the 40 CFR,
parts 260 to 265, edition revised as of
July 1, 2004, shall be applicable until
September 5, 2006.
[70 FR 10821, Mar. 4, 2005]

erowe on DSK2VPTVN1PROD with CFR

§ 264.71

Use of manifest system.

(a)(1) If a facility receives hazardous
waste accompanied by a manifest, the
owner, operator or his/her agent must
sign and date the manifest as indicated
in paragraph (a)(2) of this section to
certify that the hazardous waste covered by the manifest was received, that
the hazardous waste was received except as noted in the discrepancy space
of the manifest, or that the hazardous

waste was rejected as noted in the
manifest discrepancy space.
(2) If a facility receives a hazardous
waste shipment accompanied by a
manifest, the owner, operator or his
agent must:
(i) Sign and date, by hand, each copy
of the manifest;
(ii) Note any discrepancies (as defined in § 264.72(a)) on each copy of the
manifest;
(iii) Immediately give the transporter at least one copy of the manifest;
(iv) Within 30 days of delivery, send a
copy of the manifest to the generator;
and
(v) Retain at the facility a copy of
each manifest for at least three years
from the date of delivery.
(3) If a facility receives hazardous
waste imported from a foreign source,
the receiving facility must mail a copy
of the manifest and documentation
confirming EPA’s consent to the import of hazardous waste to the following address within thirty (30) days
of delivery: Office of Enforcement and
Compliance Assurance, Office of Federal Activities, International Compliance Assurance Division (2254A), Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460.
(b) If a facility receives, from a rail
or water (bulk shipment) transporter,
hazardous waste which is accompanied
by a shipping paper containing all the
information required on the manifest
(excluding the EPA identification numbers, generator’s certification, and signatures), the owner or operator, or his
agent, must:
(1) Sign and date each copy of the
manifest or shipping paper (if the
manifest has not been received) to certify that the hazardous waste covered
by the manifest or shipping paper was
received;
(2) Note any significant discrepancies
(as defined in § 264.72(a)) in the manifest or shipping paper (if the manifest
has not been received) on each copy of
the manifest or shipping paper.
[Comment: The Agency does not intend that
the owner or operator of a facility whose
procedures under § 264.13(c) include waste
analysis must perform that analysis before
signing the shipping paper and giving it to

358

VerDate Mar<15>2010

07:51 Aug 08, 2012

Jkt 226172

PO 00000

Frm 00368

Fmt 8010

Sfmt 8003

Y:\SGML\226172.XXX

226172