Minnesota Pollution Control Agency Voluntary Investigation and Cleanup Guidance Document #10 Site Safety and Site Contingency Plans
1.0 Purpose
This document provides guidance on preparing a site contingency plan which would be implemented in the event that voluntary parties unexpectedly encounter or unearth hazardous substances including contaminated soils, underground tanks, barrels or other types of wastes that pose a potential hazard to human health or the environment.
In conducting investigation, response action or development activities at old industrial sites, it is often necessary to excavate materials. However, when such activities are planned, every person involved needs to be alert to the possibility that they may suddenly and unexpectedly encounter hazardous substances. If hazardous substances are encountered while conducting investigations, response actions and development activities, the voluntary party may need to make decisions on short notice. These decisions may have serious impacts and consequences. To help ensure that such situations are handled properly, it is important that the personnel involved in excavation activities be trained in the immediate recognition of potential hazards and be ready to respond in accordance with a previously prepared plan of action. Such a plan is commonly referred to as a Site Contingency Plan. It is strongly recommended that the voluntary party prepare in advance of each field activity a Site Contingency Plan laying out a course of action to follow in the event hazardous substances are encountered.
It is not the intention of this guidance document to supersede any safety requirements imposed by law. Rather, it is the intent to inform a person about the need for preparing good site contingency plans in advance. Voluntary parties are encouraged to refer to the requirements in 29 CFR 1910.120 (Hazardous Waste Operations and Emergency Response) for additional information on developing Site Safety and Health Plans. These plans are separate from Site Contingency Plans, though often complimentary, and submittal of this plan to the MPCA staff for review is not required. If Site Safety and Health Plans are submitted, the MPCA staff may provide comments but will not approve them.
2.0 Site Contingency and Site Safety and Health Plans
The MPCA staff recommends that a Site Contingency Plan be prepared for all site excavation and removal activities at Voluntary Investigation and Cleanup (VIC) sites. Submittal of this plan to the MPCA staff for review is recommended, and in some cases required. Staff may also request copies of the plans when conducting site visits. The Site Contingency Plans should be
VIC Version 3.0 — Revised May 2001 Page Two Voluntary Investigation and Cleanup Program
“stand alone” documents. The MPCA staff recommends that a reference copy always be available at the site and site workers be provided with copies. When preparing these documents it is important to avoid obscure medical and technical terms whenever possible, particularly when discussing health effects and safety precautions. There is no set length for a Site Contingency Plan. A complex, large-scale remediation effort or development project would normally require a larger plan as compared to a small, less complex project.
The MPCA staff also recommends that excavation at industrial sites, especially excavations associated with response actions, not be conducted until a Phase I Investigation has been completed, a Phase II Investigation or Response Action Plan has been approved, and a Site Contingency Plan and Site Safety and Health Plan are prepared. The purpose of the Phase I Investigation is to provide information about potential hazards which may be associated with the site. The Phase II Investigation and/or Response Action Plan outlines the procedures to be followed in conducting the investigation or cleanup. The Site Contingency Plan is designed to address procedures to be implemented in the event that the excavation unexpectedly encounters or unearths hazardous substances including contaminated soils, underground tanks, barrels or other types of wastes. Lastly, the Site Safety and Health Plan is expected to address safety considerations for planned field work, and shall include information needed in a health emergency situation, including the location of the nearest medical facility. The environmental consultant and excavation contractor may have a generic safety plan, which they are required by company policy to follow at all sites. When the environmental consultant or excavation contractor has a generic Site Safety and Health Plan it is important that the plan be tailored to the investigation being conducted, and the nature of the potential hazards presented at the site. Safety considerations included in a Site Safety and Health Plan shall comply with applicable Federal and State Occupational Safety and Health Administration (OSHA) regulations.
If investigation activities cause a release of a hazardous substance, or a release is identified that has not been previously reported, that release must be reported to the MPCA through the Minnesota Duty Officer, Division of Emergency Management. The notification must be made within 24 hours. Contacting the Duty Officer will fulfill obligations for the notification requirements under Minn. Stat. § 115.061. The telephone number for the Duty Officer is (651) 649-5451 (Metro) or 1-800-422-0798 (Greater Minnesota). TDD numbers are (651) 297-5353 and 1-800-627-3529.
3.0 Practical Considerations
3.1 Recognizing the Problem
Voluntary parties and their consultants need to be on the lookout for obvious signs that hazardous substances have been encountered or unearthed at the site during field work. Those signs may include:
• strong or unusual chemical odors (i.e., solvents, petroleum, etc.); Page Three Voluntary Investigation and Cleanup Program
• unearthing of industrial wastes such as tars, sludges or semi-solids, powders, resins or liquids;
• discolored soils; • unlabelled drums and containers;
• buried metal objects such as cans, jars, drums and tanks (Be especially wary if these containers are in poor condition, are bulging or swelling, or have precautionary labels such as caustic, flammable, explosive, reactive, toxic or hazardous waste.);
• above ground metal objects, such as vent pipes; and • persons who suddenly become ill at the site. (Keep in mind that field personnel cannot always see or smell certain hazardous substances, such as methane gas, which is colorless and odorless.)
3.2 Incident Response
Upon encountering or unearthing a hazardous substance, it is imperative that the work be temporarily halted and the workers instructed to leave the area while a trained professional conducts a preliminary inspection and assessment of the situation. It is important that this person follow the procedures established in the Site Safety and Health and Site Contingency Plans discussed above. If the project is lacking either of these plans, the person in charge will need to ask some questions regarding explosion or fire danger, and potential pathways of exposure, such as inhalation or dermal contact. Consideration must also be given to the possibility of evacuation of nearby residents. At a minimum, the MPCA staff recommends that the work area be immediately evacuated and an emergency response team be called in to assess the situation.
3.3 Agency Notification
Notification to the MPCA is handled through the Public Safety Department’s Division of Emergency Management. The telephone number for the Duty Officer is given in section 2.0 of this document. They in turn notify the MPCA of site-specific incidents. Most emergency situations involving accidental spills are handled by the MPCA Emergency Response staff. Non- emergency situations can be handled by MPCA staff in the VIC Unit at (651) 296-7291 who under normal circumstances would be available to perform a same-day site visit, assess the situation and explain the assistance provided by the VIC Program.
3.4 Do Not Rebury the Wastes
If hazardous substances are encountered, do not rebury the wastes as backfill in the excavated area. Such activities are regulated by the MPCA Resource Conservation and Recovery Act (RCRA), local ordinances (county and city) and Minnesota OSHA laws. In addition, such action Page Four Voluntary Investigation and Cleanup Program may expose your company to liability under state and federal Superfund laws. It is therefore recommended that you become familiar with all applicable laws in advance of conducting any investigation, excavation or response activity.
3.5 Secure the Area
MPCA staff recommends that the area and any excavated hazardous wastes be secured. It is recommended that the voluntary party install a barrier such as a fence around the area of contamination and post it with warning signs about the potential hazards involved. If it is impossible to secure the area with fencing or if it is too late in the day to procure the fencing materials, the MPCA staff recommends that a guard be posted.
3.6 Temporary Storage of Contaminated Soils
Store excavated contaminated soils on an impermeable surface such as heavy (10 mil) plastic and cover it with plastic. Anchor the plastic covering in place with a clean soil berm or other suitable material at the base of the pile and weights, such as tires, on top of the pile. Overlap adjacent plastic sheets by three feet. Before using this method, discuss the site circumstances with the MPCA staff in the VIC Program. The method described may not always be appropriate for the specific site and work type. Off-site soil storage requires pre-approval by MPCA staff and local government officials. Storage at land treatment sites must be in accordance with Minn. Rules ch. 7037. Improper storage of contaminated soils may result in additional releases to the environment.
4.0 Assemble the Response Team
The MPCA staff recommends that upon discovery of contamination the voluntary party assemble a team to deal with the situation as soon as possible. In most cases, the response team will include:
• the voluntary party; • an environmental consultant familiar with investigations, response actions and emergency responses; • MPCA Emergency Response or VIC Program staff; • an attorney who specializes in environmental law; and • historical or present owners and employees (if not the voluntary party) who may be knowledgeable about the site and the nature of the contamination encountered.
5.0 Preparing Plans After the Fact
As soon as possible after the incident, the voluntary party shall prepare Site Safety and Health and Site Contingency Plans to document the issues of immediate concern such as the methods to Page Five Voluntary Investigation and Cleanup Program be employed to secure the area and properly address any hazardous wastes encountered. The Site Contingency Plan shall also address any additional future site activities that may result in encountering hazardous substances. A Phase II Investigation Work Plan will need to be prepared to deal with determining the magnitude and extent of the release which extends beyond the area of the incident. The MPCA staff recommends the Phase II Work Plan follow the protocol established in Guidance Document #11, Phase II Investigation Work Plan. 6.0 Suggested References
Attached are a few suggested references to assist in the preparation of Site Safety and Contingency Plans:
29 CFR 1910.120 - Hazardous Waste Operations and Emergency Response; Final Rule, Federal Register v.54, No. 42, March 6, 1989
49 CFR 172 and 173 - DOT Hazardous Material Transportation Regulations
American Conference of Governmental Industrial Hygienists. Threshold Limit Values and Biological Exposure Indices for 1993-1994. Cincinnati: American Conference of Governmental Industrial Hygienists, 1993
American Conference of Governmental Industrial Hygienists. Documentation of TLV’s and BEI’s. Cincinnati: American Conference of Governmental Industrial Hygienists, 1987
American National Standard Practices for Regulatory Protection z88.2-1980
Amoore, John E., and Hautala, Earl. “Odor as an Aid to Chemical Safety: Odor Thresholds Compared with Threshold Limit Values and Volatilities for 214 Industrial Chemicals in Air and Water Dilution.” Journal of Applied Toxicology Vol. 3, No. 6, pp. 272-290, 1983
Gopher State One Call Professional Excavators Manual, February 1989
Marshall, Gilbert. Safety Engineering. Boston: PWS Engineering, 1982
Martin, William F., Lippitt, John M., and Prothero, Timothy G. Hazardous Waste Handbook for Health and Safety. Boston: Butterwork Publishers, 1987
Minnesota Confined Space Standard (Minn. Rule 5205.1000-4205, general Industry and Minn. Rule 5207.0930, Construction)
NIOSH. Certified Equipment List as of October 1, 1985. DHHS (NIOSH) Publication No. 86- 101 (or latest edition)
______. Criteria for a Recommended Standard...Occupational Exposure to Hot Environments. DHHS (NIOSH) Publication 86-113 Page Six Voluntary Investigation and Cleanup Program
NIOSH. Criteria for a Recommended Standard: Working in Confined Spaces. DHHS (NIOSH) Publication No. 80-106
______. Manual of Analytical Methods, 3rd Edition. DHHS (NIOSH) Publication 84-100
______. Pocket Guide to Chemical Hazards. DHHS (NIOSH) Pub. No. 90-117
______. Recommendation s for Occupational Safety and Health Standards (RFL’s), HHS Publication No. (CDC) 86-8017
______. Personal Protective Equipment for Hazardous Materials Incidents: A Selection Guide. DHHS (NIOSH) Pub. No. 84-114
NIOSH/OSHA/USOG/EPA. Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities. DHHS (NIOSH) Publication No. 85-115
OSHA 29 CFR 1910, 1926, and EPA “OSHA Handbook for Small Businesses.” Safety Management Series, US Department of Labor OSHA Publication #2009 (1990) US Department of Labor “All About OSHA” Publication 2056 1985
Sax, N. Irving, ed. Dangerous Properties of Industrial Materials. 6th ed. New York: Van Nostrand Reinhold Co., 1984
Schwope, A.D., Costas, P.P., Jackson, J.D., and Weitzman, D.J. Guidelines for the Selection of Chemical Protective Clothing. 2nd edition. Cincinnati: American Conference of Governmental Industrial Hygienists, 1985
U.S. Department of Labor “Excavating” OSHA Publication #2226 1990 (Revised)
U.S. Department of Transportation. 1987 Emergency Response Guidebook. Publication DOT P 5800.4, September 1987
U.S. Environmental Protection Agency, Office of Emergency and Remedial Response. A Compendium of Superfund Field Operations Methods. December 1987
______. Standard Operating Safety Guides. 1984