Current through Register Vol. 48, No. 9, September 27, 2024
a.
Owners and operators of used oil processors and re-refiners facilities must
comply with the following requirements:
(1)
Facilities must be maintained and operated to minimize the possibility of a
fire, explosion, or any unplanned sudden or non-sudden release of used oil to
air, soil, or surface water which could threaten human health or the
environment.
(2) 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 below:
(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 State or local 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) 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 assure its proper operation in time of emergency.
(4) 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 paragraph a. (2) of this section.
(a) If there is ever just one employee on the
premises while the facility is operating, the employee must have immediate
access to a 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 paragraph a. (2)
of this section.
(b) [None]
(5) 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.
(6) Arrangements with local authorities.
(a) The owner or operator must 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) Arrangements 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) Where more than one police and fire
department might respond to an emergency, agreements designating primary
emergency authority to a specific police and a specific fire department, and
agreements with any others to provide support to the primary emergency
authority;
(iii) Agreements with
State emergency response teams, emergency response contractors, and equipment
suppliers; and
(iv) Arrangements 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 State or local authorities decline
to enter into such arrangements, the owner or operator must document the
refusal in the operating record.
b. Owners and operators of used oil
processors and re-refiners facilities must comply with the following
requirements:
(1) Purpose and implementation
of the 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 which could threaten human health or
the environment.
(2)
Content of the contingency plan.
(a) The
contingency plan must describe the actions facility personnel must take to
comply with subsections b. and f. of this section 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 40 CFR part 112, or part 1510 of chapter V, 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 regulation.
(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 paragraph a. (6) of this section.
(d) The plan must list names, addresses, and
phone numbers (office and home) of all persons qualified to act as emergency
coordinator (see subsection e. of this section), 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 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).
c. A
copy of the contingency plan and all revisions to the plan must be:
(1) Maintained at the facility; and
(2) 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.
d. The contingency plan must be
reviewed, and immediately amended, if necessary, whenever:
(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 used oil, or changes the response necessary in an
emergency;
(4) The list of
emergency coordinators changes; or
(5) The list of emergency equipment
changes.
e. 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.
f. Emergency procedures.
(1) Whenever there is an imminent or actual
emergency situation, the emergency coordinator (or the designee when the
emergency coordinator is on call) must immediately:
(a) Activate internal facility alarms or
communication systems, where applicable, to notify all facility personnel;
and
(b) Notify the Department or
appropriate 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 a real extent of
any released materials. He may do this by observation or review of facility
records of 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 of chemical agents used to
control fire and heat-induced explosions).
g. 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, he must report his
findings as follows:
(1) If his assessment
indicated 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
(2) He must immediately notify either the
Department official designated as the on-scene coordinator for the geographical
area (in the applicable regional contingency plan under part 1510 of this
title), or the National Response Center (using their 24-hour toll free number
800/424-8802). 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.
h. 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.
i. 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.
j. 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.
k. The emergency coordinator must ensure
that, in the affected area(s) of the facility:
(1) 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; and
(2) All emergency equipment listed in the
contingency plan is cleaned and fit for its intended use before operations are
resumed.
l. The owner or
operator must notify the Department, and appropriate local authorities that the
facility is in compliance with paragraph k. of this section before operations
are resumed in the affected area(s) of the facility.
m. 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 on the incident to the Department. The report must
include:
(1) Name, address, and telephone
number of the owner or operator;
(2) Name, address, and telephone number of
the facility;
(3) Date, time, and
type of incident (e.g., fire, explosion)
(4) Name and quantity of material(s)
involved;
(5) The extent of
injuries, if any;
(6) An assessment
of actual or potential hazards to human health or the environment, where this
is applicable; and,
(7) Estimated
quantity and disposition of recovered material that resulted from the
incident.
