NAC459.95442. Establishment and implementation; review and coordination; written program.

     1. An owner or operator shall:

     (a) Establish and implement an emergency response program to protect employees, public health and the environment, which program must include:

          (1) For facilities subject to 29 C.F.R. Part 1910, a written emergency action plan that contains the elements set forth in 29 C.F.R. § 1910.38(c)-(f);

          (2) For facilities subject to 29 C.F.R. Part 1910, a program that contains the elements outlined in 29 C.F.R. § 1910.120(q);

          (3) Procedures for informing the public and local emergency response agencies about an accidental release;

          (4) Documentation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures;

          (5) Procedures and measures for emergency response after an accidental release;

          (6) Procedures for the use, inspection, testing and maintenance of emergency response equipment;

          (7) Training for all employees in relevant procedures for emergency response; and

          (8) Procedures to review and update, as appropriate, the emergency response program to reflect changes at the facility and ensure that employees are informed of changes.

     (b) Review and coordinate the emergency response program developed pursuant to paragraph (a) with local emergency responders. For response actions to be coordinated, the owner or operator shall:

          (1) Identify the first responding fire station and hazardous materials response station;

          (2) Review the emergency response program developed for the facility with the responders identified in subparagraph (1) or their representatives;

          (3) Keep a written record of such review meetings, including comments by the responders or their representatives to the emergency response program for the facility; and

          (4) Update information on a basis agreeable to the owner or operator and the responder.

     2. A written program satisfies the requirements of this section if it:

     (a) Complies with other federal contingency plan regulations and the requirements set forth in subsection 1; or

     (b) Complies with the requirements set forth in subsection 1 and is consistent with the approach of the National Response Team’s Integrated Contingency Plan Guidance set forth in 61 Fed. Reg. 28,641-28,664 and 31,103-31,104 (1996).

     (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)