[Code of Federal Regulations]

[Title 40, Volume 26]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR279.52]



[Page 490-494]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 279_STANDARDS FOR THE MANAGEMENT OF USED OIL--Table of Contents

 

       Subpart F_Standards for Used Oil Processors and Re-Refiners

 

Sec.  279.52  General facility standards.



    (a) Preparedness and prevention. Owners and operators of used oil 

processors



[[Page 491]]



and re-refiners 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 sudden or non-sudden 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 

paragraphs (a)(2)(i) through (iv) of this section:

    (i) An internal communications or alarm system capable of providing 

immediate emergency instruction (voice or signal) to facility personnel;

    (ii) 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;

    (iii) 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

    (iv) 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 assure its proper operation in 

time of emergency.

    (4) Access to communications or alarm system. (i) 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.

    (ii) 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.

    (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.

    (6) Arrangements with local authorities. (i) 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:

    (A) 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;

    (B) 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;

    (C) Agreements with State emergency response teams, emergency 

response contractors, and equipment suppliers; and

    (D) 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.

    (ii) Where State or local authorities decline to enter into such 

arrangements, the owner or operator must document the refusal in the 

operating record.



[[Page 492]]



    (b) Contingency plan and emergency procedures. Owners and operators 

of used oil processors and re-refiners facilities must comply with the 

following requirements:

    (1) Purpose and implementation of contingency plan. (i) 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.

    (ii) The provisions of the plan must be carried out immediately 

whenever there is a fire, explosion, or release or used oil which could 

threaten human health or the environment.

    (2) Content of contingency plan. (i) The contingency plan must 

describe the actions facility personnel must take to comply with 

paragraphs (b) (1) and (6) 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.

    (ii) If the owner or operator has already prepared a Spill 

Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 

part 112 of this chapter, or part 1510 of chapter V of this title, 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 part.

    (iii) 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.

    (iv) The plan must list names, addresses, and phone numbers (office 

and home) of all persons qualified to act as emergency coordinator (see 

paragraph (b)(5) 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.

    (v) 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.

    (vi) 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:

    (i) Maintained at the facility; and

    (ii) 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:

    (i) Applicable regulations are revised;

    (ii) The plan fails in an emergency;

    (iii) 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;

    (iv) The list of emergency coordinators changes; or

    (v) 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.



[[Page 493]]



In addition, this person must have the authority to commit the resources 

needed to carry out the contingency plan.

    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.

    (6) Emergency procedures. (i) 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 appropriate State or local agencies with designated 

response roles if their help is needed.

    (ii) 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 analysts.

    (iii) 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).

    (iv) 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:

    (A) 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

    (B) 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 part 1510 of this title), or 

the National Response Center (using their 24-hour toll free number 800/

424-8802). The report must include:

    (1) Name and telephone number of reporter;

    (2) Name and address of facility;

    (3) Time and type of incident (e.g., release, fire);

    (4) Name and quantity of material(s) involved, to the extent known;

    (5) The extent of injuries, if any; and

    (6) The possible hazards to human health, or the environment, 

outside the facility.

    (v) 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.

    (vi) 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.

    (vii) 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.

    (viii) The emergency coordinator must ensure that, in the affected 

area(s) 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; and

    (B) All emergency equipment listed in the contingency plan is 

cleaned and fit for its intended use before operations are resumed.



[[Page 494]]



    (C) The owner or operator must notify the Regional Administrator, 

and appropriate State and local authorities that the facility is in 

compliance with paragraphs (b)(6)(viii)(A) and (B) of this section 

before operations are resumed in the affected area(s) of the facility.

    (ix) 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 Regional Administrator. The report 

must 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 (e.g., fire, explosion);

    (D) Name and quantity of material(s) involved;

    (E) The extent of injuries, if any;

    (F) An assessment of actual or potential hazards to human health or 

the environment, where this is applicable;

    (G) Estimated quantity and disposition of recovered material that 

resulted from the incident.



[57 FR 41612, Sept. 10, 1992, as amended at 58 FR 26426, May 3, 1993]