Current through Register Vol. 48, No. 38, September 20, 2024
A generator or an intermediate or reclamation facility
operating under a verified recycler variance under 35 Ill. Adm. Code
720.131(d)
that generates or accumulates more than
6,000 kg of hazardous secondary material must comply with the following
requirements:
a) Purpose and
Implementation of Contingency Plan
1) Each
generator or an intermediate or reclamation facility operating under a verified
facility determination under 35 Ill. Adm. Code
720.131(d)
that accumulates more than 6,000 kg of hazardous secondary material must have a
contingency plan for his facility. The contingency plan must be designed to
minimize hazards to human health or the environment from fires, explosions, or
any unplanned sudden or non-sudden release of hazardous secondary material or
hazardous secondary material constituents to air, soil, or surface
water.
2) The provisions of the
contingency plan must be carried out immediately whenever there is a fire,
explosion, or release of hazardous secondary material or hazardous secondary
material constituents that could threaten human health or the
environment.
b) Content
of Contingency Plan
1) The contingency plan
must describe the actions facility personnel must take to comply with
subsections (a) and (f) in response to fires, explosions, or any unplanned
sudden or non-sudden release of hazardous secondary material or hazardous
secondary material constituents to air, soil, or surface water at the
facility.
2) If the generator or an
intermediate or reclamation facility operating under a verified facility
determination under 35 Ill. Adm. Code
720.131(d)
accumulating more than 6,000 kg of hazardous secondary material has already
prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in
accordance with 40 CFR 112, or some other emergency or contingency plan, the
facility needs only amend that plan to incorporate hazardous secondary material
management provisions that are sufficient to comply with the requirements of
this Part. The hazardous secondary material generator or an intermediate or
reclamation facility operating under a verified recycler variance under 35 Ill.
Adm. Code
720.131(d)
may develop one contingency plan which meets
all regulatory requirements. 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.
BOARD NOTE: USEPA has recommended that the contingency plan
be based on the National Response Team's Integrated Contingency Plan Guidance
("One Plan").
3) The
contingency 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 35 Ill.
Adm. Code
722.510(f).
4) The contingency plan must list names,
addresses, and phone numbers (office and home) of all persons qualified to act
as emergency coordinator (see subsection (e)), 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.
5) The contingency 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 emergency equipment item on the
list, and a brief outline of its capabilities.
6) The contingency plan must include an
evacuation plan for facility personnel where there is a possibility that
evacuation could be necessary. This evacuation plan must describe signals 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
secondary material or fires).
c) Copies of Contingency Plan. The facility
owner or operator must do as follows with the contingency plan and all
revisions to the plan:
1) Maintain a copy at
the facility; and
2) Submit a copy
to every local police department, fire department, hospital, and State and
local emergency response team that may be called upon to provide emergency
services.
d) Amendment of
Contingency Plan. The facility owner or operator must review and immediately
amend its contingency plan, if necessary, whenever any of the following occurs:
1) Applicable regulations are
revised;
2) The plan fails in an
emergency;
3) The facility changes
- in its design, construction, operation, maintenance, or other circumstances -
in a way that materially increases the potential for fires, explosions, or
releases of hazardous secondary material or hazardous secondary material
constituents, or the facility changes the response necessary in an
emergency;
4) The list of emergency
coordinators changes; or
5) The
list of emergency equipment changes.
e) Emergency Coordinator. At all times, there
must be at least one employee, either on the facility premises or on call
(i.e., available to respond to an emergency by reaching the facility within a
short period of time), with the responsibility for coordinating all emergency
response measures. This emergency coordinator must be thoroughly familiar with
all aspects of the facility's contingency plan, all operations and activities
at the facility, the location and characteristics of hazardous secondary
materials handled, the location of all records within the facility, and the
facility layout. In addition, this person must have the authority to commit the
resources needed to carry out the contingency plan. The emergency coordinator's
responsibilities are more fully spelled out in subsection (f). Applicable
responsibilities for the emergency coordinator vary, depending on factors such
as type and variety of hazardous secondary materials handled by the facility,
and type and complexity of the facility.
f) Emergency Procedures
1) Whenever there is an imminent or actual
emergency situation, the emergency coordinator (or his designee when the
emergency coordinator is on call) must immediately:
A) Activate internal facility alarms or
communication systems, when applicable, to notify all facility personnel;
and
B) Notify appropriate State or
local agencies with designated response roles if their help is
needed.
2) Whenever there
is a release, fire, or explosion, the emergency coordinator must immediately
identify the character, exact source, amount, and areal extent of any released
materials. The emergency coordinator may do this by observation or review of
facility records or manifests and, if necessary, by chemical
analysis.
3) Concurrently, the
emergency coordinator must assess 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).
4) If the emergency
coordinator determines that the facility has had a release, fire, or explosion
which could threaten human health, or the environment, outside the facility,
the emergency coordinator must report his or her findings as follows:
A) If the emergency coordinator's assessment
indicates that evacuation of local areas may be advisable, the emergency
coordinator must immediately notify appropriate local authorities. The
emergency coordinator must be available to help appropriate officials decide
whether local areas should be evacuated; and
B) The emergency coordinator must immediately
notify either the government official designated as the on-scene coordinator
for that geographical area, or the National Response Center (using their
24-hour toll free number 800-424-8802). The report must include the following
information:
i) The name and telephone number
of reporter;
ii) The name and
address of facility;
iii) The time
and type of incident (e.g., release, fire);
iv) The name and quantity of materials
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.
5) During an emergency, the emergency
coordinator must take all reasonable measures necessary to ensure that fires,
explosions, and releases do not occur, recur, or spread to other hazardous
secondary material at the facility. These measures must include, when
applicable, stopping processes and operations, collecting and containing
released material, and removing or isolating containers.
6) If the facility stops operations in
response to a fire, explosion or release, the emergency coordinator must
monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment, wherever this is appropriate.
7) Immediately after an emergency, the
emergency coordinator must provide for treating, storing, or disposing of
recovered secondary material, contaminated soil or surface water, or any other
material that results from a release, fire, or explosion at the facility.
Unless the hazardous secondary material generator can demonstrate, in
accordance with Section
721.103(c) or
(d), that the recovered material is not a
hazardous waste, the owner or operator becomes a generator of hazardous waste
and must manage the recovered material in accordance with all applicable
requirements of 35 Ill. Adm. Code 722, 723, and 725.
8) The emergency coordinator must ensure that
the following has occurred in the affected areas of the facility:
A) No secondary material that may be
incompatible with the released material is treated, stored, or disposed of
until cleanup procedures are completed; and
B) All emergency equipment listed in the
contingency plan is cleaned and fit for its intended use before operations are
resumed.
9) The hazardous
secondary material generator must note in the operating record the time, date,
and details of any incident that requires implementing the contingency plan.
Within 15 days after the incident, the emergency coordinator must submit a
written report on the incident to the Regional Administrator. The report must
include the following information:
A) The
name, address, and telephone number of the hazardous secondary material
generator;
B) The name, address,
and telephone number of the facility;
C) The date, time, and type of incident
(e.g., fire, explosion, etc.);
D)
The name and quantity of materials involved;
E) The extent of injuries, if any;
F) An assessment of actual or potential
hazards to human health or the environment, when this is applicable;
and
G) The estimated quantity and
disposition of recovered material that resulted from the incident.
g) Personnel Training.
All employees must be thoroughly familiar with proper waste handling and
emergency procedures relevant to their responsibilities during normal facility
operations and emergencies.