Section 721.520  Contingency Planning and Emergency Procedures for Facilities Generating or Accumulating More Than 6,000 kg of Hazardous Secondary Material

A generator or an intermediate or reclamation facility operating under a verified recycler variance under 35 Ill. Adm. Code 720.131(d) that generates or accumulates more than 6,000 kg of hazardous secondary material must comply with the following requirements:

a)         Purpose and Implementation of Contingency Plan

1)         Each generator or an intermediate or reclamation facility operating under a verified facility determination under 35 Ill. Adm. Code 720.131(d) that accumulates more than 6,000 kg of hazardous secondary material must have a contingency plan for his 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 hazardous secondary material or hazardous secondary material constituents to air, soil, or surface water.

2)         The provisions of the contingency plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous secondary material or hazardous secondary material constituents that could threaten human health or the environment.

b)         Content of Contingency Plan

1)         The contingency plan must describe the actions facility personnel must take to comply with subsections (a) and (f) in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous secondary material or hazardous secondary material constituents to air, soil, or surface water at the facility.

2)         If the generator or an intermediate or reclamation facility operating under a verified facility determination under 35 Ill. Adm. Code 720.131(d) accumulating more than 6,000 kg of hazardous secondary material has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR 112, or some other emergency or contingency plan, the facility needs only amend that plan to incorporate hazardous secondary material management provisions that are sufficient to comply with the requirements of this Part.  The hazardous secondary material generator or an intermediate or reclamation facility operating under a verified recycler variance under 35 Ill. Adm. Code 720.131(d) may develop one contingency plan which meets all regulatory requirements.  When modifications are made to non-RCRA provisions in an integrated contingency plan, the changes do not trigger the need for a RCRA permit modification.

BOARD NOTE:  USEPA has recommended that the contingency plan be based on the National Response Team's Integrated Contingency Plan Guidance ("One Plan").

3)         The contingency 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 35 Ill. Adm. Code 722.510(f).

4)         The contingency plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see subsection (e)), 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.

5)         The contingency 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 emergency equipment item on the list, and a brief outline of its capabilities.

6)         The contingency plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary.  This evacuation plan must 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 hazardous secondary material or fires).

c)         Copies of Contingency Plan.  The facility owner or operator must do as follows with the contingency plan and all revisions to the plan:

1)         Maintain a copy at the facility; and

2)         Submit a copy to every local police department, fire department, hospital, and State and local emergency response team that may be called upon to provide emergency services.

d)         Amendment of Contingency Plan.  The facility owner or operator must review and immediately amend its contingency plan, if necessary, whenever any of the following occurs:

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 hazardous secondary material or hazardous secondary material constituents, or the facility changes the response necessary in an emergency;

4)         The list of emergency coordinators changes; or

5)         The list of emergency equipment changes.

e)         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 characteristics of hazardous secondary materials handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan. The emergency coordinator's responsibilities are more fully spelled out in subsection (f). Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of hazardous secondary materials handled by the facility, and type and complexity of the facility.

f)         Emergency Procedures

1)         Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately:

A)        Activate internal facility alarms or communication systems, when applicable, to notify all facility personnel; and

B)        Notify appropriate State or 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 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 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 or chemical agents used to control fire and heat-induced explosions).

4)         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, the emergency coordinator must report his or her findings as follows:

A)        If the emergency coordinator's assessment indicates that evacuation of local areas may be advisable, the emergency coordinator must immediately notify appropriate local authorities.  The emergency coordinator must be available to help appropriate officials decide whether local areas should be evacuated; and

B)        The emergency coordinator must immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center (using their 24-hour toll free number 800-424-8802).  The report must include the following information:

i)          The name and telephone number of reporter;

ii)         The name and address of facility;

iii)        The time and type of incident (e.g., release, fire);

iv)        The name and quantity of materials involved, to the extent known;

v)         The extent of injuries, if any; and

vi)        The possible hazards to human health, or the environment, outside the facility.

5)         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 hazardous secondary material at the facility.  These measures must include, when applicable, stopping processes and operations, collecting and containing released material, and removing or isolating containers.

6)         If the facility stops operations 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.

7)         Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered secondary material, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.  Unless the hazardous secondary material generator can demonstrate, in accordance with Section 721.103(c) or (d), that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage the recovered material in accordance with all applicable requirements of 35 Ill. Adm. Code 722, 723, and 725.

8)         The emergency coordinator must ensure that the following has occurred in the affected areas of the facility:

A)        No secondary material that may be incompatible with the released material is 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.

9)         The hazardous secondary material generator 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, the emergency coordinator must submit a written report on the incident to the Regional Administrator.  The report must include the following information:

A)        The name, address, and telephone number of the hazardous secondary material generator;

B)        The name, address, and telephone number of the facility;

C)        The date, time, and type of incident (e.g., fire, explosion, etc.);

D)        The 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, when this is applicable; and

G)        The estimated quantity and disposition of recovered material that resulted from the incident.

g)         Personnel Training.  All employees must be thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.

(Source:  Amended at 42 Ill. Reg. 21673, effective November 19, 2018)