Current through Register Vol. 48, No. 38, September 20, 2024
a) Applicability of This Section. This
Section applies to the owner or operator of a facility that treats or stores
hazardous waste under a RCRA standardized permit pursuant to Subpart J of 35
Ill. Adm. Code 703, except as provided in Section
727.100(a)(2).
BOARD NOTE: Subsection (a) is derived from
40 CFR
267.50 (2017).
b) The Purpose and Use of the Contingency
Plan
1) The facility owner or operator must
have a contingency plan for its facility. The owner or operator must design the
plan to minimize 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.
2) The owner or operator must implement the
provisions of the plan immediately whenever there is a fire, explosion, or
release of hazardous waste or hazardous waste constituents that could threaten
human health or the environment.
BOARD NOTE: Subsection (b) is derived from
40
CFR 267.51 (2017).
c) Contents of the Contingency
Plan
1) The facility contingency plan must
include the following information:
A) It must
describe the actions facility personnel will take to comply with subsections
(b) and (g) in response to fires, explosions, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to air,
soil, or surface water at the facility;
B) It must describe all arrangements agreed
upon pursuant to Section
727.130(g)
by local police departments, fire departments, hospitals, contractors, and
State and local emergency response teams to coordinate emergency
services;
C) It must list names,
addresses, and phone numbers (office and home) of all persons qualified to act
as emergency coordinator (see subsection (f)), and the owner or operator must
keep the list 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;
D) It must include a current 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. In addition,
the facility owner or operator must include the location and a physical
description of each item on the list, and a brief outline of its capabilities;
and
E) It must include an
evacuation plan for facility personnel where there is a possibility that
evacuation could be necessary. The 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 waste or
fires).
2) If the
facility owner or operator has already prepared a Spill Prevention, Control,
and Countermeasures (SPCC) Plan pursuant to federal 40 CFR 112, or some other
emergency or contingency plan, the owner or operator needs only to amend that
plan to incorporate hazardous waste management provisions that will comply with
the requirements of this Part.
BOARD NOTE: Subsection (c) is derived from
40 CFR
267.52 (2017).
d) Who Must Have Copies of the Contingency
Plan
1) The facility owner or operator must
maintain a copy of the plan with all revisions at the facility; and
2) The owner or operator must submit a copy
with all revisions to all local police departments, fire departments,
hospitals, and State and local emergency response teams that may be called upon
to provide emergency services.
BOARD NOTE: Subsection (d) is derived from
40 CFR
267.53 (2017).
e) When the Facility Owner or Operator Must
Amend the Contingency Plan. The facility owner or operator must review, and
immediately amend the contingency plan, if necessary, whenever any of the
following occurs:
1) The facility permit is
revised;
2) The plan fails in an
emergency;
3) The owner or operator
changes the facility (in its design, construction, operation, maintenance, or
other circumstances) in a way that materially increases the potential for
fires, explosions, or releases of hazardous waste or hazardous waste
constituents, or changes the response necessary in an emergency;
4) The owner or operator changes the list of
emergency coordinators; or
5) The
owner or operator changes the list of emergency equipment.
BOARD NOTE: Subsection (e) is derived from
40 CFR
267.54 (2017).
f) The Role of the Emergency Coordinator. At
least one employee must be either on the facility premises or on call at all
times (that is, available to respond to an emergency by reaching the facility
within a short period of time) who has 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 waste
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.
BOARD NOTE: Subsection (f) is derived from
40 CFR
267.55 (2017).
g) Required Emergency Procedures for the
Emergency Coordinator
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 undertake
the following actions:
A) He or she must
activate internal facility alarm or communication systems, where applicable, to
notify all facility personnel; and
B) He or she must 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
undertake the following actions:
A) He or she
must immediately identify the character, exact source, amount, and areal extent
of any released materials. He or she may do this by observation or review of
facility records or manifests, and, if necessary, by chemical analysis;
and
B) He or she 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. For example, the
assessment would consider the effects of any toxic, irritating, or asphyxiating
gases that are generated, or the effects of any hazardous surface water run-off
from water or chemical agents used to control fire and heat-induced
explosions.
3) If the
emergency coordinator determines that the facility has had a release, fire, or
explosion that could threaten human health or the environment outside the
facility, he or she must report his findings as follows:
A) If his or her assessment indicates that
evacuation of local areas may be advisable, he or she must immediately notify
appropriate local authorities. He or she must be available to help appropriate
officials decide whether local areas should be evacuated; and
B) He or she 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 the reporter;
ii) The name and
address of facility;
iii) The time
and type of incident (for example, a release or a 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.
4) 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
waste at the facility. These measures must include, where applicable, stopping
processes and operations, collecting and containing release waste, and removing
or isolating containers.
5) 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, when appropriate.
BOARD NOTE: Subsection (g) is derived from
40
CFR 267.56 (2017).
h) The Emergency Coordinator's
Responsibilities after an Emergency
1)
Immediately after an emergency, the emergency coordinator must provide for
treating, storing, or disposing of recovered waste, contaminated soil or
surface water, or any other material that results from a release, fire, or
explosion at the facility.
2) The
emergency coordinator must ensure that the following occur in the affected
areas of the facility:
A) No waste 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.
BOARD NOTE: Subsection (h) is derived from
40 CFR
267.57 (2017).
i) Emergency Notification and
Recordkeeping Requirements
1) The facility
owner or operator must notify the Agency and other appropriate State and local
authorities that the facility is in compliance with Section 727.150(h)(2)
before operations are resumed in the affected areas of the facility.
2) The facility owner or operator must note
the time, date, and details of any incident that requires implementing the
contingency plan in the operating record. Within 15 days after the incident,
the owner or operator must submit a written report on the incident to the
Agency. The owner or operator must include the following information in the
report:
A) The name, address, and telephone
number of the owner or operator;
B)
The name, address, and telephone number of the facility;
C) The date, time, and type of incident
(e.g., fire, explosion);
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, where this is applicable;
and
G) The estimated quantity and
disposition of recovered material that resulted from the incident.
BOARD NOTE: Subsection (i) is derived from
40
CFR 267.58
(2017).
