(b) Contingency plan and emergency
procedures. Owners and operators of used oil processing and re-refining
facilities shall comply with the following requirements:
(1) Purpose and implementation of contingency
plan.
(i) Each owner or operator shall have a
contingency plan for the facility. The contingency plan shall 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,
groundwater, or surface water.
(ii)
The provisions of the plan shall be carried out immediately when there is a
fire, explosion, or release of used oil that could threaten human health or the
environment.
(2) Content
of contingency plan.
(i) The contingency plan
shall describe the actions facility personnel shall take to comply with
Subsections R315-15-5.3(b)(1)
and R315-15-5.3(b)(6)
in response to fires, explosions, or any unplanned sudden or non-sudden release
of used oil to air, soil, groundwater, or surface water at the
facility.
(ii) If the owner or
operator has already prepared a Spill Prevention, Control, and Countermeasures
(SPCC) Plan in accordance with
40 CFR
112 or another emergency or contingency plan,
the owner or operator need only amend that plan to incorporate used oil
management provisions necessary to comply with the requirements of Rule
R315-15.
(iii) The plan shall
describe arrangements agreed to by local police departments, fire departments,
hospitals, contractors, and state and local emergency response teams to
coordinate emergency services, in accordance with Subsection
R315-15-5.3(a)(6).
(iv) The plan shall list names, addresses,
and phone numbers, of each person qualified to act as 24-hour emergency
coordinator. This list shall be kept up to date. Where more than one person is
listed, one shall be named as primary emergency coordinator and others shall be
listed in the order in which they will assume responsibility as alternates. See
also Subsection R315-15-5.3(b)(5).
(v) The plan shall include a list of each
piece of 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 shall be kept up to date. In addition, the plan shall include the
location and a physical description of each item on the list, and a brief
outline of its capabilities.
(vi)
The plan shall include an evacuation plan for facility personnel where there is
a possibility that evacuation could be necessary. This plan shall 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. A copy of the
contingency plan and any revisions to the plan shall be:
(i) maintained at the facility; and
(ii) submitted to any 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 shall be reviewed, and immediately amended, if necessary,
when:
(i) applicable rules are
revised;
(ii) the plan fails in an
emergency;
(iii) the facility
changes 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;
(iv) the list of
emergency coordinators changes; or
(v) the list of emergency equipment
changes.
(5) Emergency
coordinator. At any time, there shall be at least one employee either on the
facility premises or on call, meaning available to respond to an emergency by
reaching the facility within a short period, with the responsibility for
coordinating emergency response measures. This emergency coordinator shall be
thoroughly familiar with each aspect of the facility's contingency plan, each
operation and activity at the facility, the location and characteristic of used
oil handled, the location of any records within the facility, and facility
layout. In addition, this person shall have the authority to commit the
resources needed to carry out the contingency plan.
(6) Emergency procedures.
(i) When there is an imminent or actual
emergency situation, the emergency coordinator, or the designee when the
emergency coordinator is on call, shall immediately:
(A) activate internal facility alarms or
communication systems, where applicable, to notify facility personnel;
and
(B) notify appropriate state or
local agencies with designated response roles if their help is
needed.
(ii) When there
is a release, fire, or explosion, the emergency coordinator shall 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
analyses.
(iii) Concurrently, the
emergency coordinator shall assess possible hazards to human health and to the
environment that may result from the release, fire, or explosion. This
assessment shall consider both direct and indirect effects of the release,
fire, or explosion, such as, 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.
(iv) 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, the coordinator shall report the findings as follows:
(A) if the emergency coordinator assessment
indicates that evacuation of local areas may be advisable, the emergency
coordinator shall immediately notify appropriate local authorities. The
coordinator shall be available to help appropriate officials decide whether
local areas should be evacuated; and
(B) the emergency coordinator shall implement
the actions as required in Section
R315-15-9.
(v) During an emergency, the emergency
coordinator shall take any 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 shall include, where
applicable, stopping processes and operation, collecting and containing
released used oil, and removing or isolating containers.
(vi) If the facility stops operation in
response to a fire, explosion, or release, the emergency coordinator shall
monitor for leaks, pressure buildup, gas generation, or ruptures in valves,
pipes, or other equipment, wherever this is appropriate.
(vii) Immediately after an emergency, the
emergency coordinator shall 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.
(viii) The emergency coordinator shall ensure
that, in the affected areas of the facility:
(A) 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.
(B) Emergency equipment listed in the
contingency plan is cleaned and fit for its intended use before operations are
resumed.
(C) The owner or operator
shall notify the director, and appropriate local authorities that the facility
is in compliance with Subsections
R315-15-5.3(b)(6)(viii)(A) and
(B) before operations are resumed in the
affected areas of the facility.
(ix) The owner or operator shall 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 owner
or operator shall submit a written report on the incident to the director. The
report shall include:
(A) name, address, and
telephone number of the owner or operator;
(B) name, address, and telephone number of
the facility;
(C) date, time, and
type of incident, such as, fire, explosion;
(D) 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
applies; and
(G) estimated quantity
and disposition of recovered material that resulted from the incident.