b) Contingency Plan and Emergency Procedures.
An owner or operator of a used oil processing or re-refining facility must
comply with the following requirements:
1)
Purpose and Implementation of Contingency Plan
A) Each owner or operator must have a
contingency plan for the 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 used oil to air, soil, or surface
water.
B) The provisions of the
plan must be carried out immediately whenever there is a fire, explosion, or
release of used oil that could threaten human health or the
environment.
2) Content
of Contingency Plan
A) The contingency plan
must describe the actions facility personnel must take to comply with
subsections (b)(1) and (b)(6) in response to fires, explosions, or any
unplanned sudden or non-sudden release of used oil to air, soil, or surface
water at the facility.
B) If the
owner or operator has already prepared a Spill Prevention Control and
Countermeasures (SPCC) Plan in accordance with federal 40 CFR 112 or some other
emergency or contingency plan exists for the facility under federal, State, or
local regulation (e.g., federal 40 CFR 300 or 40 CFR 280), the owner or
operator need only amend that plan to incorporate used oil management
provisions that are sufficient to comply with the requirements of this
Part.
C) The 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 subsection (a)(6).
D) The plan must list names, addresses, and
phone numbers (office and home) of all persons qualified to act as emergency
coordinator (see subsection (b)(5)), 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.
E)
The 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 item on the
list, and a brief outline of its capabilities.
F) The plan must include an evacuation plan
for facility personnel where there is a possibility that evacuation could be
necessary. This 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 used oil or fires).
3) Copies of Contingency Plan. Copies of the
contingency plan and all revisions to the plan must be disposed of as follows:
A) Maintained at the facility; and
B) Submitted to all local police departments,
fire departments, hospitals, and State and local emergency response teams that
may be called upon to provide emergency services.
4) Amendment of Contingency Plan. The
contingency plan must be reviewed, and immediately amended, if necessary,
whenever one of the following occurs:
A)
Applicable regulations are revised;
B) The plan fails in an emergency;
C) 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 used
oil, or changes the response necessary in an emergency;
D) The list of emergency coordinators
changes; or
E) The list of
emergency equipment changes.
5) 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 characteristic of used oil handled, the location
of all records within the facility, and facility layout. In addition, this
person must have the authority to commit the resources needed to carry out the
contingency plan.
BOARD NOTE: USEPA cited the following as guidance: "The
emergency coordinator's responsibilities are more fully spelled out in
paragraph (b)(6) of this Section. Applicable responsibilities for the emergency
coordinator vary, depending on factors such as type and variety of used oil
handled by the facility, and type and complexity of the facility" in the note
appended to corresponding
40 CFR
279.52(b)(5).
6) Emergency Procedures
A) Whenever there is an imminent or actual
emergency situation, the emergency coordinator (or the designee when the
emergency coordinator is on call) must immediately do the following:
i) Activate internal facility alarms or
communication systems, where applicable, to notify all facility personnel;
and
ii) Notify appropriate State or
local agencies with designated response roles if their help is
needed.
B) 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. He or she may do this by observation or review of facility records
or manifests and, if necessary, by chemical analyses.
C) 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).
D) 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:
i) If his assessment
indicated 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
ii) He must immediately notify
either the government official designated as the on-scene coordinator for the
geographical area (in the applicable regional contingency plan under federal 40
CFR 300), or the National Response Center (using their 24-hour toll free
number (800) 424-8802). The report must include the following information: name
and telephone number of reporter; name and address of facility; time and type
of incident (e.g., release, fire); name and quantity of materials involved, to
the extent known; the extent of injuries, if any; and the possible hazards to
human health, or the environment, outside the facility.
E) 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 used oil or
hazardous waste at the facility. These measures must include, where applicable,
stopping processes and operation, collecting and containing released used oil,
and removing or isolating containers.
F) If the facility stops operation 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.
G) Immediately after an emergency, the
emergency coordinator must provide for recycling, storing, or disposing of
recovered used oil, contaminated soil or surface water, or any other material
that results from a release, fire, or explosion at the facility.
H) The emergency coordinator must ensure that
the following occur, in the affected areas of the facility:
i) No waste or used oil that may be
incompatible with the released material is recycled, treated, stored, or
disposed of until cleanup procedures are completed;
ii) All emergency equipment listed in the
contingency plan is cleaned and fit for its intended use before operations are
resumed; and
iii) The owner or
operator must notify the Agency and all other appropriate State and local
authorities that the facility is in compliance with subsections (b)(6)(H)(i)
and (b)(6)(H)(ii) before operations are resumed in the affected areas of the
facility.
I) The owner or
operator 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, it must submit a written report on the incident to USEPA Region
5. The report must include the following:
i)
The name, address, and telephone number of the owner or operator;
ii) The name, address, and telephone number
of the facility;
iii) The date,
time, and type of incident (e.g., fire, explosion);
iv) The name and quantity of materials
involved;
v) The extent of
injuries, if any;
vi) An assessment
of actual or potential hazards to human health or the environment, where this
is applicable; and
vii) The
estimated quantity and disposition of recovered material that resulted from the
incident.