DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT

Solid and Hazardous Waste Commission/Hazardous Materials and Waste Management Division

6 CCR 1007-3

hazardous waste

Identification of Accumulation Areas in the Contingency Plan

1) Section 265.52 is amended by adding paragraph (h) to read as follows: 

§ 265.52 Content of contingency plan. 

(a) The contingency plan must describe the actions facility personnel must take to comply with §§ 265.51 and 265.56 in response to fires, explosions, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil, surface or ground water at the facility. 

(b)  If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR, Chapter I, Part 112, or 40 CFR Part 300, or some other emergency or contingency plan, he/she need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this part. The owner or operator may develop one contingency plan which meets all regulatory requirements. The Department recommends that the plan be based on the National Response Teams’ Integrated Contingency Plan Guidance (“One Plan”).  When modifications are made to non-RCRA provisions in an integrated contingency plan, the changes do not trigger the need for a RCRA permit modification.

(c) 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 § 265.37.

(d) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see § 265.55), 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.

(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).

(g) The plan must: (1) identify the fire protection district responsible for providing fire protection services to the facility, or state that the facility is not within a fire protection district but is operating under its own fire protection plan that has been approved by the Department, and (2) identify the local emergency planning committee for the area in which the facility is located.

(h)  The plan must include the location of all hazardous waste accumulation areas at the facility.

2) Add Section 8.66 {Statement of Basis and Purpose for the Rulemaking Hearing of February 19, 2008} to Part 8 of the Regulations as follows:

Statement of Basis and Purpose
Rulemaking Hearing of February 19, 2008

8.66 	Basis and Purpose.

This amendment to 6 CCR 1007-3, Part 265 is made pursuant to the authority granted to the Solid and Hazardous Waste Commission in § 25-15-302(2), C.R.S.

Amendment of § 265.52: Identification of Accumulation Areas in the Contingency Plan

Section 265.52 of the Colorado Hazardous Waste Regulations (6 CCR 1007-3) is being amended at this time by adding paragraph (h) requiring that the location of all hazardous waste accumulation areas at a facility be included in the facility’s contingency plan. 

Pursuant to the existing accumulation requirements of 6 CCR 1007-3, Section 262.34(c), a hazardous waste generator is only required to list accumulation areas in the facility’s contingency plan if the facility maintains satellite accumulation areas.  A large quantity generator of hazardous waste that does not maintain satellite accumulation areas of hazardous waste would not be required to identify the location of the facility’s hazardous waste accumulation areas, including the facility’s 90-day storage area(s) in the facility’s contingency plan.

The purpose of this amendment is to clarify that the location of all hazardous waste accumulation areas at a facility are required to be identified in the facility’s contingency plan.

The Commission has evaluated the information presented at the rulemaking hearing, as well as the information in the Statement of Basis and Purpose. The Commission considers this information sufficient to justify adopting the proposed rule.  The Commission finds that this rule is necessary to protect public health and the environment.