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 twelfth 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 262.264 Emergency coordinator
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.
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 262.264 reads:
At all times, there must be at least one employee either on the generator’s 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 and implementing the necessary emergency procedures outlined in §262.265. Although responsibilities may vary depending on factors such as type and variety of hazardous waste(s) handled by the facility, as well as type and complexity of the facility, this emergency coordinator must be thoroughly familiar with all aspects of the generator’s contingency plan, all operations and activities at the facility, the location and characteristics of hazardous waste handled, the location of all records within the facility, and the facility’s layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.
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Why the change?
Small changes:
- Replacement of the word “facility” with “generator” to emphasize the applicability of these regulations solely to a large quantity generator of hazardous waste (LQG).
- Moving language that existed in a “[Comment]” in the original regulations to the body of the regulation in this revised. The language (mostly) and its meaning (entirely) are unchanged.
What’s the point?
The whole point of §262.264 is that – at all times – an employee of the company who is thoroughly familiar with facility operations and has the authority to get things done in an emergency is available to be the LQG’s emergency coordinator. Though only one emergency coordinator is indicated by the regulations, at least two will be required to comply. This will be explained further in this article.
“At all times….”
The USEPA can’t get any more clear than that. The regulations do not read, “during normal hours of operation” or, “when hazardous waste is present” but at all times. This means 24 hours a day, 7 days a week, 356 days a year.
“…at least one employee..”
There are two important points in this snippet of a sentence. I’ll deal with the easier one first:
- The emergency coordinator(s) must be an employee of the LQG. A consultant or other vendor will not suffice even if they are able to meet all of the other requirements described in §262.264.
- While strict interpretation of the regulations may lead you to believe one emergency coordinator will suffice, USEPA – and more likely, your state – will disagree. Since an emergency coordinator must be available at all times, at least one alternate emergency coordinator in addition to the primary will be required to provide around-the-clock and vacation coverage (p. 19 of RO 13221). Even two may not be enough. As the generator, you must decide how many emergency coordinators are necessary.
Two Options for Availability of the Emergency Coordinator(s):
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Just two. That’s it. The regulations require the emergency coordinator to be available at all times. In practice – and as required by the regulations – the emergency coordinator for a LQG must be one of the following:
- Physically on the generator premises.
- On call. This means the emergency coordinator is not on the premises but able to reach the facility within a short period of time.
But what is a short period of time? That term is deliberately vague and left undefined by USEPA (your state may specify a period of time). Given the importance of the emergency coordinator to the LQG’s response, I believe they are meant to be at the facility very soon after – if not before – the arrival of the local emergency responders.
When selecting your facility’s emergency coordinators, the proximity of their home to the LQG should be a factor. Someone living too far away (and not able to reach the facility in a short period of time) may only be qualified to be an emergency coordinator when they are on site.
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What are the responsibilities of an emergency coordinator?
The emergency coordinator has two responsibilities:
- Coordinating all emergency response measures.
- Implementing the emergency procedures of §262.265. Those will be explained in detail in a later article and are summarized below:
- Activate internal alarms and communication systems.
- Request assistance from external emergency responders, if necessary.
- Identify any materials released to the environment.
- Assess possible hazards to people and the environment.
- Make external notifications, if necessary.
- Ensure the emergency conditions do not spread to other areas of the facility.
- Monitor processes for pressure build-up if a stop in operations is necessary.
- After the emergency arrange for disposal of waste generated during the response.
- Keep incompatible hazardous waste away from released materials.
- Ensure emergency equipment are cleaned and fit for use prior to resuming operations.
- Note relevant information of the incident in the facility’s operating record.
- Submit a written report to the USEPA within fifteen (15) days.
But that’s not all. The emergency coordinator must also have the following knowledge and abilities:
- The emergency coordinator must be thoroughly familiar with:
- All aspects of the LQG’s contingency plan.
- All operations and activities at the facility.
- The location and characteristics of hazardous waste handled at the facility.
- The location of all records within the facility.
- The facility’s layout.
- The emergency coordinator must also have the authority to get things done in an emergency. The custodian (no offense custodians) may have all of the knowledge required, but if they tell someone to shut-down all company operations in an emergency, will it be done? If not, they can’t be the emergency coordinator.
A Quick Summary:
- The emergency coordinator must be an employee of the LQG.
- You’re going to need at least two and probably many more than that.
- One must be on site or on call at all times.
- Emergency coordinators must be very knowledgeable of the facility and have the authority to get things done in an emergency.
Is that it?
Be sure your RCRA Training addresses the regulations of your state.
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.