Each generator or an intermediate or reclamation facility that accumulates more than 6,000 kg of hazardous secondary material 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 hazardous secondary material or hazardous secondary material constituents to air, soil, or surface water.
The provisions of the plan shall 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.
The contingency plan shall describe the actions facility personnel shall take to comply with subs. (1)
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.
If the generator or an intermediate or reclamation facility accumulating more than 6,000 kg of hazardous secondary material has prepared a Spill Prevention, Control, and Countermeasures, or SPCC, Plan in accordance with 40 CFR part 112
, or some other emergency or contingency plan, the generator or an intermediate or reclamation facility may amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this section. The hazardous secondary material generator or an intermediate or reclamation facility may develop one contingency plan that meets all regulatory requirements. The department recommends that the plan be based on the national response team's integrated contingency plan guidance or the “One Plan.” 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.
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, pursuant to s. NR 661.0410 (6)
The plan shall list names and emergency telephone numbers of all persons qualified to act as emergency coordinator under sub. (5)
, 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 will assume responsibility as alternates.
The plan shall include a list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, internal and external communications and internal and external alarm systems, 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.
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 hazardous waste or fires.
Copies of contingency plan.
A copy of the contingency plan and all revisions to the plan shall be:
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.
Amendment of contingency plan.
The contingency plan shall be reviewed, and immediately amended, if necessary, whenever any the following occurs:
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 changes the response necessary in an emergency.
At all times, there shall be at least one employee either on the facility premises or on call and 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 characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan. The emergency coordinator's responsibilities are more fully explained in sub. (6)
. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of hazardous secondary material handled by the facility, and type and complexity of the facility.
Whenever there is an imminent or actual emergency situation, the emergency coordinator, or the designee when the emergency coordinator is on call, shall immediately do all of the following:
Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel.
Notify appropriate state or local agencies with designated response roles if their help is needed.
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 analysis.
Concurrently, 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, 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.
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 shall report their findings as follows:
If the emergency coordinator's assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.
The emergency coordinator shall 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 shall include all of the following:
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 hazardous secondary material at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released material, and removing or isolating containers.
If the facility stops operations 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.
Immediately after an emergency, the emergency coordinator shall 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 s. NR 661.0003 (3)
, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements under chs. NR 662
, and 665
The emergency coordinator shall ensure that, in the affected area of the facility, all of the following conditions are met:
No secondary material that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed.
All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
The hazardous secondary material generator 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 hazardous secondary material generator shall submit a written report on the incident to the department. The report shall include all of the following:
Name, address, and telephone number of the hazardous secondary material generator.
An assessment of actual or potential hazards to human health or the environment, where this is applicable.
Estimated quantity and disposition of recovered material that resulted from the incident.
All employees shall be thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.
NR 661.0420 History
History: CR 19-082
: cr. Register August 2020 No. 776
, eff. 9-1-20; correction in (2) (b) made under s. 35.17
, Stats., Register August 2020 No. 776
NR 661.1030 Applicability.
The regulations in this subchapter apply to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or stream stripping operations that manage hazardous secondary material excluded under the remanufacturing exclusion under s. NR 661.0004 (1) (za)
with concentrations of at least 10 ppmw, unless the process vents are equipped with operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60
, or 63
, or subject to ch. NR 440
, subchs. III
and IV of ch. NR 446
, or chs. NR 447
NR 661.1030 History
History: CR 19-082
: cr. Register August 2020 No. 776
, eff. 9-1-20; correction made under s. 35.17
, Stats., Register August 2020 No. 776
As used in this subchapter:
Air stripping operation” means a desorption operation employed to transfer one or more volatile components from a liquid mixture into a gas or air either with or without the application of heat to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate towers are among the process configurations used for contacting the air and a liquid.
Bottoms receiver” means a container or tank used to receive and collect the heavier bottoms fractions of the distillation feed stream that remain in the liquid phase.
Closed-vent system” means a system that is not open to the atmosphere and that is composed of piping, connections, and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device.
Condenser” means a heat-transfer device that reduces a thermodynamic fluid from its vapor phase to its liquid phase.
Connector” means flanged, screwed, welded, or other joined fittings used to connect 2 pipelines or a pipeline and a piece of equipment. For the purposes of reporting and recordkeeping, “connector” means flanged fittings that are not covered by insulation or other materials that prevent location of the fittings.
Continuous recorder” means a data-recording device recording an instantaneous data value at least once every 15 minutes.
Control device” means an enclosed combustion device, vapor recovery system, or flare. Any device whose primary function is the recovery or capture of solvents or other organics for use, reuse, or sale, such as a primary condenser on a solvent recovery unit, is not a control device.
Control device shutdown” means the cessation of operation of a control device for any purpose.
Distillate receiver” means a container or tank used to receive and collect liquid material, condensed, from the overhead condenser of a distillation unit and from which the condensed liquid is pumped to larger storage tanks or other process units.
Distillation operation” means an operation, either batch or continuous, separating one or more feed streams into 2 or more exit streams, each exit stream having component concentrations different from those in the feed streams. The separation is achieved by the redistribution of the components between the liquid and vapor phase as they approach equilibrium within the distillation unit.
Double block and bleed system” means 2 block valves connected in series with a bleed valve or line that can vent the line between the 2 block valves.
Equipment” means each valve, pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, or flange or other connector, and any control devices or systems required by this subchapter.
Flame zone” means the portion of the combustion chamber in a boiler occupied by the flame envelope.
Flow indicator” means a device that indicates whether gas flow is present in a vent stream.
First attempt at repair” means to take rapid action for the purpose of stopping or reducing leakage of organic material to the atmosphere using best practices.
Fractionation operation” means a distillation operation or method used to separate a mixture of several volatile components of different boiling points in successive stages, each stage removing from the mixture some proportion of one of the components.
Hazardous secondary material management unit shutdown” means a work practice or operational procedure that stops operation of a hazardous secondary material management unit or part of a hazardous secondary material management unit. An unscheduled work practice or operational procedure that stops operation of a hazardous secondary material management unit or part of a hazardous secondary material management unit for less than 24 hours is not a hazardous secondary material management unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping operation are not hazardous secondary material management unit shutdowns.
Hot well” means a container for collecting condensate as in a steam condenser serving a vacuum-jet or steam-jet ejector.
In gas or vapor service” means that the piece of equipment contains or contacts a hazardous secondary material stream that is in the gaseous state at operating conditions.
In heavy liquid service” means that the piece of equipment is not in gas or vapor service or in light liquid service.
In light liquid service” means that the piece of equipment contains or contacts a material stream where the vapor pressure of one or more of the organic components in the stream is greater than 0.3 kilopascals or kPa at 20°
C, the total concentration of the pure organic components having a vapor pressure greater than 0.3 kPa at 20°
C is equal to or greater than 20 percent by weight, and the fluid is a liquid at operating conditions.
In situ sampling systems” means nonextractive samplers or in-line samplers.
In vacuum service” means that equipment is operating at an internal pressure that is at least 5 kPa below ambient pressure.
Malfunction” means any sudden failure of a control device or a hazardous secondary material management unit or failure of a hazardous secondary material management unit to operate in a normal or usual manner, so that organic emissions are increased.
Open-ended valve or line” means any valve, except pressure relief valves, having one side of the valve seat in contact with hazardous secondary material and one side open to the atmosphere, either directly or through open piping.
Pressure release” means the emission of materials resulting from the system pressure being greater than the set pressure of the pressure relief device.
Process heater” means a device that transfers heat liberated by burning fuel to fluids contained in tubes, including all fluids except water that are heated to produce steam.
Process vent” means any open-ended pipe or stack that is vented to the atmosphere either directly, through a vacuum-producing system, or through a tank, such as distillate receiver, condenser, bottoms receiver, surge control tank, separator tank, or hot well, associated with hazardous secondary material distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations.
Repaired” means that equipment is adjusted, or otherwise altered, to eliminate a leak.
Sampling connection system” means an assembly of equipment within a process or material management unit used during periods of representative operation to take samples of the process or material fluid. Equipment used to take non-routine grab samples is not considered a sampling connection system.
Sensor” means a device that measures a physical quantity or the change in a physical quantity, such as temperature, pressure, flow rate, pH, or liquid level.
Separator tank” means a device used for separation of 2 immiscible liquids.
“Solvent extraction operation” means an operation or method of separation in which a solid or solution is contacted with a liquid solvent, the 2 being mutually insoluble, to preferentially dissolve and transfer one or more components into the solvent.
Startup” means the setting in operation of a hazardous secondary material management unit or control device for any purpose.