Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the ninth in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.

The purpose of this article is to address the requirements of 40 CFR 262.261 Content of contingency plan.

Before we begin…

These regulations were revised by the Generator Improvements Rule. If your state has not yet adopted the new rule you must continue to comply with the earlier version until it does. You may read an article explaining the earlier version of the regulations (prior to implementation of the Generator Improvements Rule) here.

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Scope and Applicability:

These regulations are applicable to a LQG. A small quantity generator of hazardous waste (SQG) is subject to entirely different requirements for emergency response. If you are a SQG please refer to this article for your version of these regulations:  Preparedness, Prevention, and Emergency Procedures for Small Quantity Generator of Hazardous Waste. (Some of these articles are not yet written. Please be patient.)

As made clear by §262.250 (revised by the Generator Improvements Rule), the preparedness, prevention, and emergency procedures of Subpart M are applicable to those areas of a LQG where hazardous waste is generated or accumulated. This includes:

• Central Accumulation Area (CAA)
• Satellite Accumulation Area (SAA)

Read: Applicability of Preparedness, Prevention, and Emergency Procedures for LQG

40 CFR 262.261 reads:

(a) The contingency plan must describe the actions facility personnel must take to comply with §§262.260 and 262.265 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.

(b) If the generator 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, it need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the standards of this part. The generator may develop one contingency plan that meets all regulatory standards. EPA recommends that the plan be based on the National Response Team’s Integrated Contingency Plan Guidance (“One Plan”).

(c) The plan must describe arrangements agreed to with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, local hospitals or, if applicable, the Local Emergency Planning Committee, pursuant to §262.256.

(d) The plan must list names and emergency telephone numbers of all persons qualified to act as emergency coordinator (see §262.264), 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. In situations where the generator facility has an emergency coordinator continuously on duty because it operates 24 hours per day, every day of the year, the plan may list the staffed position (e.g., operations manager, shift coordinator, shift operations supervisor) as well as an emergency telephone number that can be guaranteed to be answered at all times.

(e) 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.

(f) The plan must include an evacuation plan for generator 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 hazardous waste or fires).

Why the change?

Some minor changes and some major:

• Change text from “owner or operator” to “generator”. A minor change of great significance indicating the applicability of the revised regulations to solely a large quantity generator of hazardous waste.
• Replacement of “he” and “his” with gender neutral pronouns.
• Inclusion of the Local Emergency Planning Committee (LEPC) with other outside agencies to be contacted in an emergency.
• A relaxation of the requirement to list facility emergency coordinators by name and to include their home address and home phone number in the contingency plan.

Interested in site specific training at your site that covers this topic, and more! Ask me about my Onsite Training

Let’s begin!

The contingency plan must describe the specific actions personnel of a LQG will take in an emergency. These actions can be found:

• §262.260 vaguely and broadly describes the purpose and implementation of the contingency plan.
• §262.265 describes specific procedures to be implemented by a LQG whenever there is an imminent or actual emergency situation.

I count eight (8) emergency procedures defined at §262.265, they are:

1. Activation of internal alarms and notification of state or local agencies.
2. Identify released materials.
3. Assess hazards to health or environment caused by a release.
4. Notification of a release to external parties.
5. Ensure emergency does not spread or recur.
6. Monitor stopped operations for pressure build-up.
7. Immediately after emergency arrange for proper disposal of waste.
8. Preparation of emergency equipment for resumption of activities and reporting of emergency to State and/or USEPA.

Of course, these emergency procedures will be different for every generator depending on its characteristics and surroundings. Please take care to avoid merely reciting the text of §262.265, and instead take the time to specify the actions you will take to comply with the its requirements.  You may wish to consider putting this information in a table or chart format, to include the following for each waste generated:

• Its chemical or trade name.
• Amounts and locations.
• Physical and chemical properties.
• Its hazards and special precautions.
• Emergency response actions, including identification of the sorbents, neutralizing agents, fire extinguishing agents, personal protective clothing, and any other appropriate materials and equipment that may be necessary.

Do you already have an emergency response plan?

You may already have a Spill Prevention, Control, and Countermeasure (SPCC) Plan (required for certain facilities storing threshold quantities of oil per §112) or some other emergency or contingency plan. If that is so, you do not need to create a separate “stand-alone” contingency plan just for your hazardous waste. You may instead amend an existing plan to include the required hazardous waste management provisions as described in Subpart M.

Or…

You may develop one contingency plan to meet the regulatory standards of the USEPA’s contingency plan and those of other agencies (e.g., OSHA, USDOT, &etc.). The creation of this “One Plan” should (it is recommended) be based on guidance of the National Response Team for completion of an Integrated Contingency Plan.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste Daniels Training Services, Inc. 815.821.1550 Info@DanielsTraining.com https://www.danielstraining.com/

Have you made arrangements?

Earlier in Subpart M at §262.256 we read that a LQG must attempt to make arrangements with external emergency response agencies (including the LEPC if applicable) and to attempt to familiarize them with information relevant in the event of an emergency at the facility. However, here in §262.261(c) it is required that a contingency plan describe the arrangements agreed to with those same external emergency responders; so clearly, an attempt is no longer enough.

The contingency plan must include a description of the arrangements agreed to with the following external emergency response agencies:

• Local police department.
• Fire department.
• Other emergency response teams. e.g., regional, state, local, &etc.
• Emergency response contractors and equipment suppliers. These may be private companies with which the LQG contracts to assist it in the event of an emergency.
• Local hospitals.
• If applicable, the Local Emergency Planning Committee (LEPC). Refer back to §262.256 Arrangements with local authorities for a thorough description of the inclusion of the LEPC in these regulations under the Generator Improvements Rule.

Q: How do I include a description of these agreed upon arrangements in my contingency plan?

A: There  are various means of confirming that arrangements actively exist including, but not limited to, a certified letter, fax, and electronic mail. These documents or copies of them can be included with the contingency plan or referenced by it and made available upon request.

Having trouble drafting a letter to make arrangements with external emergency responders? Use my example letter template as a guide.

And remember: both a LQG and SQG may receive a waiver from the requirement to make arrangements with local authorities under certain conditions. Refer to §262.256(c) in the following article: The Requirements of 40 CFR 262.256 Arrangements with Local Authorities for Large Quantity Generator of Hazardous Waste

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Identify emergency coordinators:

The contingency plan must include an up to date list of the generator’s emergency coordinators (requirements for emergency coordinators are described at §262.264). Where more than one emergency coordinator is identified (which is likely), one must be identified as the Primary Emergency Coordinator. Other emergency coordinators are then listed in the order in which they will assume responsibility as alternates. This requires establishing a hierarchy of emergency coordinators and not simply listing them by their work shift (e.g., 1st shift, 2nd shift, 3rd shift) or by the area of the facility for which they are responsible. List must include the emergency coordinator’s:

• Name
• Emergency telephone number. i.e., a number to reach the emergency coordinator in an emergency.

Prior to the Generator Improvements Rule the USEPA required both the home address and home phone number of emergency coordinators to be included in the contingency plan. But no more.

No names required, if…

If the LQG operates continuously (24 hours a day / 7 days a week / 365 days a year), and it therefore has an emergency coordinator on-site at all times it’s contingency plan may only list the staffed position (not the name of the emergency coordinator) and an emergency telephone number that it can guarantee to be answered at all times. Listing only the staffed position and not the name of the emergency coordinators in the contingency plan can result in a significant reduction in tedious paperwork since as we’ll see at §262.263, the contingency plan must be amended when changes are made to the list of emergency coordinators, and pursuant to §262.262 amended copies of the contingency plan must be re-submitted to local emergency responders.

Emergency equipment:

The contingency plan must include an up to date list of all emergency equipment at the facility, to include (where required):

• Fire extinguishing systems.
• Spill control equipment.
• Communications and alarm systems (internal and external).
• Decontamination equipment.

For more information, read: The Requirements of 40 CFR 262.252 Required Equipment for Preparedness, Prevention, and Emergency Procedures at Large Quantity Generator of Hazardous Waste

The plan must indicate the location of each item on the list along with a physical description, and a brief outline of its capabilities. Self-explanatory items such as shovels do not have to be described in detail. However, other items which have various sizes and capabilities must be described fully. This information may be complied in a table or chart format.

Contact me the next time hazardous waste generator USEPA training is due to expire.

 

An Evacuation Plan:

Finally, the contingency plan must include an evacuation plan for all employees of the LQG if there is a possibility that evacuation could be necessary. The plan could be in the form of a site diagram or drawing, but must describe:

• Signals to be used to begin evacuation.
• Evacuation routes.
• Alternate evacuation routes in cases where the primary routes could be blocked by releases of hazardous waste or fires.

The consideration of alternate evacuation routes will require you to think beyond the standard “head for the exits” evacuation and instead consider how an emergency may impact your pre-determined evacuation routes and then to come up with alternates.

Is that it?

No. First of all, as a LQG you must still comply with the remaining requirements of §262, subpart M which have been moved from their former location at §265, subpart D and were revised by the Generator Improvements Rule.

And then, what about training? At §262.17(b)(7) – directly following the referral to emergency procedures – are the training requirements for a LQG. §262.17(b)(7)(i)(C) reads in part:

At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies…

So clearly, Hazardous Waste Personnel Training at a LQG is important.