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Subpart 383.12: Emergency Response and Action Level Response Plans

(Statutory authority: Environmental Conservation Law, arts. 3, 17, 19, 27, 29)

[Effective Date March 14, 1993]

Contents:

Sec.

§383-12.1 Applicability.

This subpart establishes the minimum requirements for responding to emergencies and action levels in monitoring results as needed at a land disposal facility. Except as elsewhere provided in this Part, any person who maintains or operates a land disposal facility subject to this Part, must do so in accordance with the requirements of this subpart.

§383-12.2 Site safety and emergency response plan.

(a) Site safety and emergency response plan required.

The permittee must establish and implement a site safety and emergency response plan for responding to on-site emergencies that could either adversely affect the environment or public health and safety or result in the failure of the land disposal facility to meet the performance objectives. The site safety and emergency response plan must be approved by the department in the permit.

(b) Contents of site safety and emergency response plan.

The site safety and emergency response plan must include the following:

(1) An identification of each type of emergency for which a response might be needed, including fires and explosions, vehicular accidents, major natural phenomena, and medical emergencies. For underground mined repositories, the types of emergencies must also include mining accidents, cave-ins, and methane gas explosions.

(2) A classification system for classifying, as alerts or site area emergencies, those emergencies that could involve or affect the waste at the disposal site.

(3) Identification of the means of detecting, in a timely manner considering the type and possible locations of an emergency, each type of emergency that was identified as required by section 383-12.2(a) of this Part. The means of detecting emergencies must include fire and smoke detectors, visual observation, and the monitoring programs required by subpart 383-10 of this Part.

(4) A description of the actions to be taken and the equipment to be used for responding to each type of emergency and for mitigating the consequences of the emergency; actions to be taken to extinguish fires must minimize the spread of radioactive contamination by the material used to extinguish the fire; the description must include a list and description of the safety and emergency response equipment available onsite, maps showing the location of the equipment, a program for maintaining, inspecting, and operating the equipment, and an identification of the individuals responsible for carrying out that program.

(5) A list of all on-site personnel who will be involved in the emergency responses and their assigned responsibilities. The list must include the names, titles, telephone numbers, and responsibilities of:

(i) the Emergency Coordinator and assigned alternate(s) designated in accordance with section 383-12.3 of this Part; and

(ii) the individuals who have the authority to stop work at the land disposal facility.

(6) A description of the methods and equipment to be used to determine the amount of radioactive material released during each type of emergency.

(7) For each type of emergency, an estimate of the range of the amount of radioactivity that could be released and the recommendations for protection of off-site individuals that would be given to off-site emergency responders.

(8) Provisions for notifying off-site emergency responders and for coordinating the actions of the permittee's personnel with the actions of the off-site emergency responders. These provisions must include the establishment of a control point and must be planned so that unavailability of some personnel, some parts of the land disposal facility, and some equipment will not prevent the notification and coordination. The permittee must notify the department, local government officials and the State Warning Point immediately after notifying the off-site emergency responders and not later than one hour after the permittee has declared an alert or a site area emergency.

(9) For each type of emergency, a description of the types of information that are to be given to the department, the State Warning Point, and off-site emergency responders; this must include information on the status of the land disposal facility, the estimated amount of radioactive material released, and recommended protective actions, if they are necessary.

(10) Identification of the nearest hospital that is equipped and prepared to treat radioactivity-contaminated individuals. The site safety and emergency response plan must include, as an appendix, documentation of the hospital's capability and agreement to treat such individuals.

(11) A site safety and emergency response training program for the permittee's on-site personnel.

(12) A training program for off-site emergency responders, to be conducted at the permittee's expense.

(13) Provisions and schedules for the exercises and communication checks required by section 383-12.5 of this Part.

(14) For each type of emergency, a description of the actions to be taken and the equipment to be used to restore the land disposal facility to a safe condition after an emergency has occurred and the extent to which the permittee will rely on off-site emergency responders.

(c) Revision of the site safety and emergency response plan.

(1) The permittee must revise the site safety and emergency response plan as directed by the department in response to the department's review of critiques of exercises that are submitted pursuant to section 383-12.5 (b)(5) of this Part.

(2) The permittee must prepare a revision of the site safety and emergency response plan and submit it as part of a complete application for closure. This revision must take into account the change in conditions at the land disposal facility resulting from closure and during post-closure observation and maintenance.

(3) The permittee must prepare a revision of the site safety and emergency response plan and submit it as part of a complete application for institutional control. This revision must take into account the changes in conditions at the land disposal facility during institutional control.

§383-12.3 Emergency coordinator.

(a) The permittee must designate one individual as the Emergency Coordinator and at least one other individual as an alternate who will have the responsibilities and authority of the Emergency Coordinator in the absence of the Emergency Coordinator.

(b) The Emergency Coordinator will be responsible for coordinating all emergency response measures and must have the authority to commit the resources of the land disposal facility that are needed to properly respond to emergencies. The Emergency Coordinator and the alternate must be thoroughly familiar with:

(1) all aspects of the site safety and emergency response plan and the action-level response plan;

(2) all operations and activities at the land disposal facility;

(3) the locations and characteristics of all wastes present at the land disposal facility;

(4) the location of all records within the land disposal facility; and

(5) the physical layout of the disposal site.

(c) The Emergency Coordinator or designated alternate must, at all times, be:

(1) physically present on the disposal site; or

(2) available and able to reach the disposal site within a sufficient period of time to appropriately coordinate the response to an emergency.

§383-12.4 Emergency equipment and response coordination center.

(a) The permittee must have on the disposal site, or must have available for its use, equipment needed to respond to each type of emergency identified as required by section 383-12.2(b) of this Part. This equipment must include the following:

(1) an internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to the land disposal facility personnel;

(2) a device, accessible to personnel and immediately available at the scene of operations, such as a telephone or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, and other state or local off-site emergency responders;

(3) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment;

(4) water at adequate volume and pressure to supply water hose streams, foam producing equipment, automatic sprinklers, or water spray systems;

(5) first aid kits; and

(6) radiation survey meters.

(b) The permittee must provide a sufficient number of trained personnel to properly maintain, inspect, test, and operate the emergency equipment in accordance with the procedures in the site safety and emergency response plan.

(c) All emergency equipment must be maintained and periodically inspected and tested to assure its proper operation in time of emergency.

(d) The permittee must establish and equip an emergency response coordination center on the disposal site.

(e) The permittee must maintain in operable condition the emergency standby power systems required by section 383-7.3 (m) of this Part.

§383-12.5 Exercises and communication checks.

(a) Requirements for emergency exercises.

(1) The permittee must conduct annual exercises to test the permittee's response to simulated emergencies.

(2) The exercises must use a variety of emergency scenarios over time, including those emergencies postulated to be most probable and, at least once every three years, a worst-case emergency scenario. The emergency scenario used must not be known beforehand to most participants in the exercise.

(3) The permittee must invite the government officials off-site emergency responders listed in section 383-12.6(b) of this Part to participate in the exercises.

(b) Critique of exercises.

(1) The department will observe and critique the exercise.

(2) The permittee must invite local government representatives to observe and critique the exercise in accordance with section 383-12.6(b) of this Part.

(3) The permittee must observe and critique the exercise using individuals who do not have direct responsibility for implementing the site safety and emergency response plan. (4) The critiques of the exercise must:

(i) evaluate the adequacy and appropriateness of the site safety and emergency response plan;

(ii) evaluate the effectiveness of the training programs;

(iii) evaluate the overall effectiveness of the response to the emergency scenario;

(iv) identify deficiencies in either the site safety and emergency response plan or the permittee's responses;

(v) identify deficiencies in the response, equipment, training, and facilities of local emergency responders; and

(vi) identify any needed revisions to the site safety and emergency response plan.

(5) The permittee and parties who observed the exercise and choose to critique the exercise must submit their critique to the department no later than 45 days after the last day of the exercise.

(6) After reviewing the critiques and any comments received, the department may direct the permittee to revise the site safety and emergency response plan or to purchase additional on-site or off-site equipment. The permittee must revise the site safety and emergency response plan and purchase equipment as directed by the department.

(c) Communication checks.

The permittee must conduct quarterly communications checks with off-site emergency responders which must include the confirmation of, and any needed updating of, all necessary telephone numbers and lists of involved individuals.

§383-12.6 State and local participation.

(a) State agency participation.

The applicant must consult with the State Disaster Preparedness Commission in developing the site safety and emergency response plan and must include the recommendations of that commission in the plan.

(b) Local government participation.

(1) The applicant must make a reasonable effort to develop the site safety and emergency response plan with the knowledge, participation, and cooperation of:

(i) the chief executive officers and emergency responders of the municipalities and counties in which the land disposal facility is located; and

(ii) the chief executive officers and emergency responders of the municipalities and counties which may be affected by emergencies which could occur at the land disposal facility.

(2) For the purpose of this section, the department will consider a reasonable effort has been made if the applicant provides the persons identified in section 383-12.6(b)(1) of this Part with the following:

(i) copies of the draft site safety and emergency response plan to review;

(ii) ninety days to review and comment on the draft site safety and emergency response plan;

(iii) notification by certified mail, return receipt requested, that the draft site safety and emergency response plan is being provided for review, that comments on the plan are being requested, and the date comments are due;

(iv) an opportunity to meet with the applicant at a mutually agreeable time and location to discuss and review the draft site safety and emergency response plan; and

(v) written responses to all written comments received on the draft site safety and emergency response plan.

(3) The permittee must provide an opportunity for local emergency responders to become familiar with:

(i) the physical layout of the land disposal facility;

(ii) the nature of the wastes handled at the land disposal facility and the associated radiological and other hazards;

(iii) the places where land disposal facility personnel would normally be working;

(iv) the entrances to and roads inside the land disposal facility; and

(v) identified evacuation routes.

(4) The permittee must provide an opportunity for the staff and management of the regional hospital to become informed about the nature of low-level radioactive waste and the treatment of individuals who may be contaminated with radioactive material.

(5) If the applicant demonstrates to the satisfaction of the department that a reasonable effort has been made in accordance with this section, the failure or refusal of any local official or emergency responder to cooperate with the applicant will not be grounds for the denial of the application for a permit.

§383-12.7 Action level response plan.

(a) The permittee must establish an action level response plan for taking appropriate action if the results of the monitoring programs required in subpart 383-10 of this Part indicate that there may have been a departure from the expected performance of the land disposal facility. The action level response plan must be approved by the department in the permit.

(b) The action level response plan must include the following:

(1) for each parameter monitored, identification of at least three action levels of increasing severity, i.e., the levels, readings, or concentrations that indicate there may be, there is, or there has been a departure from the expected performance of the land disposal facility. The actions levels must be designated by number, action level 1 being the least severe condition;

(2) for each parameter monitored, procedures and schedules for actions to be taken if the monitoring results exceed action level 1. These procedures must include the following:

(i) checks of equipment calibration and functioning;

(ii) additional sampling and monitoring to verify the original results;

(iii) investigations to determine the cause for the change from expected levels; and

(iv) increased frequency of, and/or additional methods of, sampling and measuring to monitor the parameter and detect as soon as possible any trends or exceedance of the next action level; and

(v) actions to correct and prevent re-occurrence of the problem.

(3) for each parameter monitored, procedures and schedules for actions to be taken if the monitoring results exceed action level 2. These must include the level 1 actions, if they have not already been done, and may include notification of local governments and emergency responders, the New York State Warning Point, and the department;

(4) for each parameter monitored, procedures and schedules for actions to be taken if the monitoring results exeeed action level 3. These procedures must include the folllowing:

(i) the level 1 and 2 actions, if they have not already been done;

(ii) immediate notification of the department;

(iii) potentially applicable remediation and decontamination measures to mitigate adverse impacts to the environment and the public health and safety and to ensure that the performance objectives will be met for a representative range of possible failure scenarios;

(iv) potentially applicable measures to prevent reoccurrence of the problem for a representative range of possible failure scenarios; and

(v) declaration of an alert or a site area emergency.

(5) The maximum time period within which corrective actions must be taken.

(c) Following an exceedance of any action level, the following measures must be performed:

(1) Within 30 days after an exceedance of any action level, the permittee must submit to the department a report describing the exceedance, the response actions taken, and the results of such response actions.

(2) The department will review the report and notify the permittee within 30 days whether or not the report is satisfactory.

(3) If the report is not satisfactory, the department will direct the permittee to take any additional actions that the department deems necessary.

(4) Within 7 days of the permittee's receipt of the notice that the report is deemed satisfactory, the permittee must make a copy of the report available for public inspection at the public information center required by section 383-13.5 of this Part.

(d) Remediation and decontamination measures not identified in the action level response plan must be approved by the department, in accordance with section 383-3.9 of this Part. The department may modify the permit, pursuant to Part 621 of this Title, to require any other measures necessary to provide reasonable assurance that the performance objectives will be met.