Subpart X - Integrated Contingency Plan.

0.01 Applicability.

Owners and operators of facilities subject to federal contingency planning regulations may develop and maintain an integrated contingency plan.

0.02 Purpose and implementation of integrated contingency plan.

1. Each owner or operator choosing to develop and maintain an integrated contingency plan as permitted by ' 0.01 of this part must develop and maintain a plan that is designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste constituents to air, soil, or surface water.

2. The provisions of the integrated contingency plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

0.03 Content of integrated contingency plan.

1. To meet the requirements of this part, an integrated contingency plan shall contain the following three sections, as further described in '' 0.04, 0.05 and 0.06 of this part:
   1. A plan introduction section addressing all the elements described in ' 0.04 of this part,
   2. A core plan section addressing all the elements described in ' 0.05 of this part, and
   3. Supporting annexes, described in ' 0.06, if necessary to provide supporting information on specific response management functions not addressed in the core plan section of the integrated contingency plan.

2. The plan shall also be compatible and integrated with the disaster, fire and/or emergency response plans of local, state, and federal agencies.

0.04 Plan introduction elements of integrated contingency plan.

The integrated contingency plan shall include an introductory section containing the information specified in paragraphs (a) through (d) of this section.

1. Purpose and scope of plan coverage. This section shall provide a brief overview of facility operations and description in general the physical area, and nature of hazards or events to which the plan is applicable.

2. Table of contents. The table of contents shall clearly identify the structure of the plan and include a list of the annexes described in ' 0.06 of this part that are addressed in the facility's integrated contingency plan.

3. Current revision date. This section shall indicate the date the plan was revised to provide plan users with information on the currency of the plan.

4. General facility identification information. This section shall contain the following general facility identification information:
   1. Facility name. The corporate or non-corporate name of the facility or any other names the company use in conducting its operations.
   2. Owner/operator/agent. The name, physical and mailing address of the owner or operator of the facility. If the owner or operator of the facility is a corporation, include the name, physical and mailing address of the facility's principal corporate executive. If an agent engages in operating activities on behalf of the owner or operator, include the name, physical and mailing address of the agent, and if the agent is a corporation, include the name, physical and mailing address of the agent's principal corporate executive.
   3. Physical address of the facility. The street address, city, state and zip code of the facility and the county, parish, or borough in which the facility is located. Also include directions to the facility. Include the street address of the corporate headquarters only if the corporate headquarters are physically located at the facility. Include the latitude and longitude of the facility in degrees, minutes and seconds of the main entrance of the facility. Describe the facility's location in a manner that could aid a reviewer and a responder in locating the specific facility covered by the plan, such as, river mile or location from a known landmark that would appear on a map or chart.
   4. Mailing address of the facility. Address used by the facility for correspondence by mail.
   5. Other identifying information. Information other than those listed in (1) through (4) which could aid a reviewer or responder in identifying the specific facility covered by the plan such as ID numbers, SIC Code, and oil start-up date.
   6. Key contact(s) for plan development and maintenance. Names and regular job titles of persons or departments who are responsible for the development and maintenance of the plan and can be contacted for further information or explanation of duties under the plan.
   7. Phone number for key contact(s).
   8. Facility phone number.
   9. Facility fax number.

   0.05 Core plan elements of integrated contingency plan.

   The integrated contingency plan shall contain a core plan section that contains the elements specified in paragraphs (a) through (d) of this section.

   1. Discovery. This section must include the following elements of discovery:

      (1) Description of the procedures, personnel and equipment used to detect hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. A thorough discussion of facility inspections shall also be included.

      (2) Well defined and specific actions to be taken immediately after discovery of a potential or actual hazardous incident to assess the problem at hand and access the response system. Recognition, basic assessment, source control (as appropriate), and initial notification of proper personnel should be described in manner that can be easily understood by everybody in the facility.

      (3) If the facility is subject to the EPA's Oil Pollution Prevention Regulation in 40 CFR part 112, this section must include well defined and specific actions to be taken after discovery of an oil spill including the following:

      (i) Designation (by name or position) of an oil-spill response operating team comprised of trained personnel available within a specified response time and a description of the training that such personnel will receive;

      (ii) Designation (by name or position) of a trained spill-response coordinator who is charged with the responsibility and is delegated commensurate authority for directing and coordinating response operations; and

      (iii) A planned location for a spill-response operations center and a reliable communications system for directing the coordinated overall response operations.

   2. Initial Response. This section shall provide for activation of the response system following discovery of the incident. At a minimum, the plan must include the following elements of initial response:

      (1) Procedures for internal and external notifications. This section shall include a description of notification procedures that the Facility Incident Commander or Qualified Individual (as identified in ' 0.06(c)(2)) or other personnel must take whenever there is an imminent or actual emergency situation. The notification procedures must be described and be consistent with the minimum requirements in paragraphs (b)(1)(i) through (iii) of this section.

      (i) Whenever there is an imminent or actual emergency situation, the Facility Incident Commander or Qualified Individual must immediately:

      (A) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel.

      (B) Notify appropriate State and local agencies with designated roles if their help is needed.

      (ii) If the Facility Incident Commander 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:

      (A) 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

      (B) 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.

      (iii) Facilities subject to the Department of Transportation-Research and Special Programs Administration-Federal Response Plan (DOT-RSPA-FRP) regulation in 49 CFR part 194 must provide the following information in the initial and each follow-up notification:

      (A) Name of pipeline;

      (B) Time of discharge;

      (C) Location of discharge;

      (D) Name of oil involved;

      (E) Reason for discharge (e.g., material failure, excavation damage, corrosion);

      (F) Estimated volume of oil discharged;

      (G) Weather conditions on scene; and

      (H) Actions taken or planned by persons on scene.

      (2) Establishment of a response management structure. This section must describe the facility or corporate organizational structure that will be used to manage the response actions, including -

      (i) Command and control;

      (ii) Public information;

      (iii) Safety;

      (iv) Liaison with government agencies;

      (v) Spill Operations (as appropriate); and

      (vi) Planning;

      (vii) Logistics support; and

      (viii) Finance.

      (3) Preliminary Assessment. This section must include preliminary assessment procedures to be carried out by the Facility Incident Commander or Qualified Individual (as identified in ' 0.06(c)(2)) whenever there is a release, fire, explosion, including identification of:

      (i) The type of incident.

      (ii) The 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-offs from water or chemical agents used to control fire and heat-induced explosions). If the facility is subject to the EPA's Oil Pollution Prevention Regulation in 40 CFR part 112, this section must include a vulnerability analysis addressing the vulnerability of:

      (A) Water intakes (drinking, cooling, or other);

      (B) Schools;

      (C) Medical facilities;

      (D) Residential areas;

      (E) Businesses;

      (F) Wetlands or other sensitive environments;

      (G) Fish and wildlife;

      (H) Lakes and streams;

      (I) Endangered flora and fauna;

      (J) Recreational areas;

      (K) Transportation routes (air, land, and water);

      (L) Utilities; and

      (M) Other areas of economic importance (e.g., beaches, marinas) including terrestially sensitive environments, aquatic environments, and unique habitats.

      (iii) The magnitude of the problem. If released materials are involved, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. This may be done by observation or review of facility records or manifests, and, if necessary, by chemical analysis.

      (iv) The resources threatened.

      (4) Establishment of objectives and priorities for response, including:

      (i) Immediate goals/tactical planning. This section shall address the immediate goals of initial response (i.e., protection of workers and public as priorities). It shall also describe tactical planning and procedures that will be implemented to achieve those goals including:

      (A) Evacuation routes and procedures.

      (B) Emergency medical treatment and first aid.

      (ii) Mitigating actions. This section must address the responsibilities of facility personnel to mitigate hazards to human health or the environment including, but not limited to, discharge/release control, containment, and recovery, as appropriate.

      (iii) Response resources. This section must include a list of all emergency personnel and 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 of equipment on the list, and a brief outline of its capabilities.

      (5) Implementation of tactical plan. This section shall describe procedures to be carried out by facility personnel to implement a response management system for coordinating the response effort. It shall also include procedures to be followed by employees who remain to operate critical plant operations before they evacuate.

      (6) Mobilization of resources. This section shall describe procedures for accessing proper response personnel and equipment to respond, to the maximum extent practicable, to a fire, explosion, or discharge and to mitigate or prevent hazards to human health and the environment.

   3. Sustained actions. This section shall address the transition of a response from the initial emergency stage to the sustained action stage where more prolonged mitigation and recovery actions progress under a response management structure. At a minimum, the sustained actions must include:

      (1) Procedures to account for all employees after the emergency evacuation has been completed and

      (2) Critique of response and follow-up.

   4. Termination and follow-up actions. This section shall describe procedures for the termination of a response to an emergency in coordination with the federal or state OSC as necessary. It shall also outline follow-up actions associated with the termination of a response (e.g., accident investigation, response critique, plan review, written follow-up reports).