Section 329IAC13-7-3. General facility standards

   (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 nonsudden release of used oil to air, soil, or surface water that 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 as specified:

(A) An internal communications or alarm system capable of providing immediate emergency instruction by voice or signal to facility personnel.

(B) A device, such as a telephone that is 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.

(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) There must be access to a communications or alarm system:

(A) 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 subdivision (2); and

(B) if there is ever just one (1) 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 subdivision (2).

(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 shall be made as follows:

(A) 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:

(i) Arrangements to familiarize police, fire departments, and emergency response teams with:

(AA) the layout of the facility;

(BB) properties of used oil handled at the facility and associated hazards;

(CC) places where facility personnel would normally be working;

(DD) entrances to roads inside the facility; and

(EE) possible evacuation routes.

(ii) Where more than one (1) police department and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police department 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.

(iv) Arrangements to familiarize local hospitals with the properties of used oil handled at the facility and the types of injuries or illnesses that 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) Each owner or operator must have a contingency plan for the facility. The contingency plan must be:

(A) designed to minimize hazards to human health and the environment from fires, explosions, or any unplanned sudden or nonsudden release of used oil to air, soil, or surface water; and

(B) carried out immediately whenever there is a fire, explosion, or release of used oil that could threaten human health or the environment.

(2) The contingency plan must contain the following:

(A) A description of the actions facility personnel must take to comply with this subsection in response to fires, explosions, or any unplanned sudden or nonsudden release of used oil to air, soil, or surface water at the facility.

(B) A description of the arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services under subsection (a)(6).

(C) An up-to-date list of names, addresses, and office and home phone numbers of all persons qualified to act as emergency coordinator as described in subdivision (6). Where more than one (1) person is listed, one (1) must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates.

(D) An up-to-date list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, communications and internal and external alarm systems, and decontamination equipment, where this equipment is required. 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.

(E) An evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe the signal or 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) If the owner or operator 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 owner or operator need only amend that plan to incorporate used oil management provisions that are sufficient to comply with the requirements of this article.

(4) A copy of the contingency plan and all revisions to the plan must be:

(A) maintained at the facility; and

(B) 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.

(5) The contingency plan must be reviewed, immediately amended, and redistributed to the entities identified in subdivision (4)(B), if necessary, whenever:

(A) applicable regulations are revised;

(B) the plan fails in an emergency;

(C) the facility changes in its design, construction, operation, maintenance, or other circumstances:

(i) in a way that materially increases the potential for fires, explosions, or releases of used oil; or

(ii) changes the response necessary in an emergency;

(D) the list of emergency coordinators changes; or

(E) the list of emergency equipment changes.

(6) At all times, there must be at least one (1) employee either on the facility premises or on call, who is 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:

(A) all aspects of the facility's contingency plan;

(B) all operations and activities at the facility;

(C) the location and characteristics of used oil handled;

(D) the location of all records within the facility; and

(E) 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 include those listed in subdivision (7). 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.

(7) Emergency procedures must be handled as follows:

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

(i) activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

(ii) notify appropriate state or local agencies with designated response roles if their help is needed.

(B) 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. This may be accomplished by observation or review of facility records of manifests and, if necessary, by chemical analysts.

(C) 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, such as:

(i) the effects of any toxic, irritating, or asphyxiating gases that are generated; or

(ii) the effects of any hazardous surface water run-offs from water of 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 that could threaten human health or the environment outside the facility, the emergency coordinator must report any findings as follows:

(i) If the assessment indicated that evacuation of local areas may be advisable, immediate notification must be made to the Indiana Department of Environmental Management, Office of Land Quality, Emergency Response Section: [phone] for in-state calls (toll free), or [phone] for out-of-state calls. The emergency coordinator must be available to help appropriate officials decide whether local areas should be evacuated.

(ii) The emergency coordinator must immediately notify either the government official designated as the on-scene coordinator for the geographical area in the applicable regional contingency plan under 40 CFR 112 or the National Response Center using their twenty-four (24) hour toll free number, [phone]. The report must include the following:

(AA) Name and telephone number of reporter.

(BB) Name and address of facility.

(CC) Time and type of incident, such as release, fire, or explosion.

(DD) Name and quantity of material or materials involved, to the extent known.

(EE) The extent of injuries, if any.

(FF) The possible hazards to human health or the environment outside the facility.

(E) 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, the following:

(i) Stopping processes and operation.

(ii) Collecting and containing released used oil.

(iii) Removing or isolating containers.

(F) If the facility stops operation in response to a fire, explosion, or release, the emergency coordinator must monitor for leaks, pressure build up, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

(G) 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.

(H) The emergency coordinator must ensure that, in the affected area or 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 clean-up procedures are completed;

(ii) all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed; and

(iii) the owner or operator must notify the commissioner, and appropriate state and local authorities, that the facility is in compliance with items (i) and (ii) before operations are resumed in the affected area or areas of the facility.

(I) 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 fifteen (15) days after the incident, the owner or operator must submit a written report on the incident to the commissioner. The report must include 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, such as fire or explosion.

(iv) Name and quantity of material or materials involved.

(v) The extent of injuries, if any.

(vi) An assessment of actual or potential hazards to human health and the environment, where applicable.

(vii) Estimated quantity and disposition of recovered material that resulted from the incident.

(Solid Waste Management Division; 329 IAC 13-7-3; filed Feb 3, 1997, 9:15 a.m.: 20 IR 1503; errata filed Feb 3, 1997, 9:15 a.m.: 20 IR 1593; errata filed Aug 10, 2000, 1:26 p.m.: 23 IR 3091; readopted filed Jan 10, 2001, 3:25 p.m.: 24 IR 1535; errata filed Feb 9, 2016, 2:10 p.m.: 20160224-IR-329160057ACA)