Louisiana Administrative Code
Title 33 - ENVIRONMENTAL QUALITY
Part V - Hazardous Wastes and Hazardous Materials
Subpart 1 - Department of Environmental Quality-Hazardous Waste
Chapter 40 - Used Oil
Subchapter E - Standards for Used Oil Processors and Re-Refiners
Section V-4045 - General Facility Standards
Universal Citation: LA Admin Code V-4045
Current through Register Vol. 50, No. 9, September 20, 2024
A. Preparedness and Prevention. Owners and operators of used oil processing and re-refining facilities must comply with the following requirements.
1. Maintenance
and Operation of Facility. Facilities must be maintained and operated to
minimize the possibility of a fire, explosion, or any unplanned release of used
oil to air, soil, or surface water which could threaten human health or the
environment.
2. Required Equipment.
All facilities must be equipped with the following, unless none of the hazards
posed by used oil handled at the facility could require a particular kind of
equipment specified in LAC 33:V.4045.A.2.a-d:
a. an internal communications or alarm system
capable of providing immediate emergency instruction (voice or signal) to
facility personnel;
b. a device,
such as a telephone (immediately available at the scene of operations) or a
hand-held two-way radio, capable of summoning emergency assistance from local
police departments, fire departments, or emergency response teams;
c. portable fire extinguishers, fire control
equipment (including special extinguishing equipment, such as that using foam,
inert gas, or dry chemicals), spill control equipment, and decontamination
equipment; and
d. water at adequate
volume and pressure to supply water hose streams, or foam producing equipment,
or automatic sprinklers, or water spray systems.
3. Testing and Maintenance of Equipment. All
facility communications or alarm systems, fire protection equipment, spill
control equipment, and decontamination equipment, where required, must be
tested and maintained as necessary to ensure its proper operation in time of
emergency.
4. Access to
Communications or Alarm System
a. Whenever
used oil is being poured, mixed, spread, or otherwise handled, all personnel
involved in the operation must have immediate access to an internal alarm or
emergency communication device, either directly or through visual or voice
contact with another employee, unless such a device is not required in LAC
33:V.4045.A.2.
b. If there is ever
just one employee on the premises while the facility is operating, the employee
must have immediate access to a communication device, such as a telephone
(immediately available at the scene of operation) or a hand-held two-way radio,
capable of summoning external emergency assistance, unless such a device is not
required in LAC 33:V.4045.A.2.
5. Required Aisle Space. The owner or
operator must maintain aisle space to allow the unobstructed movement of
personnel, fire protection equipment, spill control equipment, and
decontamination equipment to any area of facility operation in an emergency,
unless aisle space is not needed for any of these purposes; and
6. Arrangements with Local Authorities
a. The owner or operator must attempt to make
the following arrangements, as appropriate for the type of used oil handled at
the facility and the potential need for the services of these organizations:
i. to familiarize police, fire departments,
and emergency response teams with the layout of the facility, properties of
used oil handled at the facility and associated hazards, places where facility
personnel would normally be working, entrances to roads inside the facility,
and possible evacuation routes;
ii.
to designate primary emergency authority to a specific police and a specific
fire department for those instances when multiple departments might respond to
an emergency and to make further agreements with any other departments to
provide support to the primary emergency authority;
iii. to make agreements with emergency
response teams, emergency response contractors, and equipment suppliers;
and
iv. to familiarize local
hospitals with the properties of used oil handled at the facility and the types
of injuries or illnesses which could result from fires, explosions, or releases
at the facility.
b.
Where local authorities decline to enter into such arrangements, the owner or
operator must document the refusal in the operating record.
B. Contingency Plan and Emergency Procedures. Owners and operators of used oil processing and re-refining facilities 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 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
which 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 LAC 33:V.4045.B.1 and 6 in
response to fires, explosions, or any unplanned 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 40 CFR Chapter 1 Part 112, or 40 CFR Chapter V Part 1510, or
some other emergency or contingency plan, 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 Chapter.
c. The plan must describe arrangements agreed
to by local police departments, fire departments, emergency response teams,
emergency response contractors, equipment suppliers, and hospitals to
coordinate emergency services in accordance with LAC 33:V.4045.A.6.
d. The plan must list names, addresses, and
phone numbers (office and home) of all persons qualified to act as the
emergency coordinator (see LAC 33:V.4045.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 the 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, internal and external communications and alarm systems, and
decontamination equipment), where this equipment may be 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 signal(s) 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. A copy of the contingency plan and all revisions to the plan
must be:
a. maintained at the facility;
and
b. submitted to all local
police departments, fire departments, emergency response teams, and hospitals
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:
a. applicable regulations are
revised;
b. the plan fails in an
emergency;
c. the facility changes
its design, construction, operation, maintenance, or other circumstances in
such 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.
NOTE: The emergency coordinator's responsibilities are more fully spelled out in LAC 33:V.4045.B.6. Applicable responsibilities for the emergency coordinator vary, depending on factors such as the type and variety of used oil handled by the facility and the type and complexity of the facility; and
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:
i. activate internal facility alarms or
communication systems, where applicable, to notify all facility personnel;
and
ii. notify appropriate local
agencies that have 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 the areal extent
of any released materials. He may do this by observation, review of facility
records or manifests, and, if necessary, 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 which could threaten
human health or the environment outside the facility, then he must report his
findings as follows:
i. if his assessment
indicates that evacuation of local areas may be advisable, he must immediately
notify appropriate local authorities. He must be available to help appropriate
officials decide whether local areas should be evacuated; and
ii. he must immediately notify the state
official designated as the on-scene coordinator for the geographical area. The
report must include:
(a). name and telephone
number of reporter;
(b). name and
address of facility;
(c). time and
type of incident (e.g., release, fire);
(d). name and quantity of material(s)
involved, to the extent known;
(e).
the extent of injuries, if any; and
(f). 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, in the affected area(s) 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 SPOC and the appropriate local authorities that the
facility is in compliance with S ubparagraphs B.h.i and ii of this Section
before operations are resumed in the affected area(s) 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, he must submit a written report about the incident to SPOC.
The report must include:
i. name, address,
and telephone number of the owner or operator;
ii. name, address, and telephone number of
the facility;
iii. date, time, and
type of incident (e.g., fire, explosion);
iv. name and quantity of material(s)
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. estimated
quantity and disposition of recovered material that resulted from the
incident.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2180 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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