Contingency plan
and emergency procedures. Owners and operators of used oil processors and
re-refiners facilities shall comply with all of the following requirements:
(1) Purpose and implementation of contingency
plan.
(a) 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, or surface
water.
(b) The contingency plan
shall be implemented 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
shall describe the actions facility personnel shall take to comply with
paragraphs (B)(1) and (B)(6) of this rule 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 some other
emergency or contingency plan, the owner or operator need only amend that plan
to incorporate used oil management sufficient to comply with Chapter 3745-279
of the Administrative Code.
(c) The
contingency plan shall describe arrangements with 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 rule.
(d) The contingency
plan shall list names, addresses, and home or cellular telephone numbers of all
persons qualified to act as emergency coordinator [see paragraph (B)(5) of this
rule], and 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
the others will assume responsibility as
alternates.
(e) The contingency
plan shall 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 shall be kept up to date. In addition, the
contingency plan shall include the location and a physical description of each
item on the list, and a brief outline of the capabilities of each
item.
(f) The contingency plan
shall include an evacuation plan for facility personnel where there is a
possibility that evacuation could be necessary. This evacuation 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).
(4) Amendment of contingency plan. The
contingency plan shall be reviewed, and immediately amended, if necessary,
whenever:
(a) Applicable rules are
revised
.
;
or
(b) The contingency plan
fails in an emergency
.
; or
(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
.
; or
(d) The list of emergency coordinators
changes
.
;
or
(e) The list of emergency
equipment changes.
(5)
Emergency coordinator. At all times, there shall 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 shall 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 shall have the
authority to commit the resources needed to implement the contingency plan.
[Comment: The emergency coordinator's responsibilities are more
fully spelled out in paragraph (B)(6) of this rule. 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.]
(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) shall immediately:
(i) Activate internal facility alarms or
communication systems, where applicable, to notify all facility
personnel
.
;
and
(ii) Notify the Ohio EPA
"Emergency Response Unit" at 800/282-9378, and appropriate local agencies with
designated response roles.
(b) Whenever 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.
(c) In addition, the emergency coordinator
shall assess possible hazards to human health or 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 (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 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:
(i) If the emergency coordinator's
determination indicates that evacuation of local areas may be advisable, the
emergency coordinator shall immediately notify appropriate local
authorities
.
,
and shall be available to help appropriate officials decide whether local areas
should be evacuated.
(ii) The
emergency coordinator shall immediately report the incident to the Ohio EPA
"Emergency Response Unit" at 800/282-9378, and either the "U.S. EPA Region 5
Response Center" at 312/353-2318 or the "National Response Center" at
800/424-8802. The report shall include all of the following:
(a) Name and telephone number of the
emergency coordinator who is making the notification.
(b) Name and address of facility.
(c) Time and type of incident (e.g., release,
fire).
(d) Name and quantity of
materials involved, to the extent known.
(e) The extent of injuries, if any.
(f) The possible hazards to human health or
the environment outside the facility.
(e) During an emergency, the emergency
coordinator shall 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 shall 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 shall
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 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.
(h) The emergency coordinator shall ensure
that 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
the equipment's
intended use before operations are resumed.
(iii) The owner or operator shall notify the
director and appropriate state and local authorities that the facility is in
compliance with paragraphs (B)(6)(h)(i) and (B)(6)(h)(ii) of this rule before
operations are resumed in the affected areas of the facility.
(i) The owner or operator shall
note in the operating record the time, date, and details of any incident that
requires the contingency plan to be implemented. Within fifteen days after the
incident, the owner or operator shall submit a written report on the incident
to the director. The report shall include all of the following:
(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 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.
(vii) Estimated quantity and disposition of
recovered material that resulted from the incident.
[Comment: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11
of the Administrative Code titled "Incorporated by reference."]