Subpart D of 40 CFR 265 details the requirements for and the content of a Contingency Plan for a large quantity generator of hazardous waste and for hazardous waste TSDFs. In an earlier article I explained most of the requirements of Section 265.52 of Subpart D: Content of a Contingency Plan. What I did not include in that article, and the subject of this one, are the options made available in §265.52(b) for the incorporation of the contingency plan into an existing plan, such as the SPCC, or the the development of a single plan to address all of a facility’s regulatory requirements.
40 CFR 265.52(b) reads:
(b) 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 some other emergency or contingency plan, he need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this Part. The owner or operator may develop one contingency plan which meets all regulatory requirements. EPA recommends that the plan be based on the National Response Team’s Integrated Contingency Plan Guidance (“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.
A close reading of this regulation reveals two separate options provided to a large quantity generator of hazardous waste (LQG) or a hazardous waste Treatment, Storage, or Disposal Facility (TSDF).
If you already have an SPCC Plan or some other emergency or contingency plan for your facility, you are not required to complete the RCRA Contingency Plan as a stand-alone document. Instead, you may amend your existing plan to include the information specific to the Contingency Plan as detailed in 40 CFR 265, Subpart D. The USEPA does not provide any guidance to a generator that wishes to pursue this option, which leaves it up to you to ensure your amended plan addresses all the requirements of this Subpart.
Without pausing to take breath §265.52(b) then goes on to suggest that a facility may choose to develop one plan that will meets all of its regulatory requirements. For this option, USEPA recommends that you refer to the guidance provided by the National Response Team for its Integrated Contingency Plan or “One Plan”.
The Integrated Contingency Plan (ICP or One Plan) was developed by the National Response Team as a way for a facility to consolidate its multiple plans required by various Federal regulations (nine different Federal regulations from Five Federal agencies) into one contingency plan to meet all the regulatory requirements. Use of the One Plan is optional. The National Response Team provides guidance about completion of the One Plan. More information about the Integrated Contingency Plan.
A third option left unspoken is that you create the RCRA Contingency Plan as a stand-alone document that focuses solely on addressing the requirements of 40 CFR 265, Subpart D.
It is my opinion that it is only worth the effort of creating the Integrated Contingency Plan (Option 2) if a facility already has several different plans that it finds burdensome to update. I also think a facility should think twice before incorporating its RCRA Contingency Plan into an existing SPCC plan or some other plan (Option 1) as the attempt to reconcile differing regulations could lead to a key element from one or more regulations being neglected. Of course, each facility must choose for itself which approach to take.
No matter which plan format you choose, you are also required to provide initial (within 90 days of hire) and annual training to all facility personnel who work with or around hazardous waste or may respond to a hazardous waste emergency. Contact me for a free RCRA Training consultation.