This article is the second in a series to address the requirements of 40 CFR 265, Subpart D – Contingency Plan and Emergency Procedures as it applies to a large quantity generator of hazardous waste (LQG).  Each article will explain the requirements of a specific section of Subpart D; the previous article: 40 CFR 265.50 Applicability.  Keep in mind the regulations of your state may differ from these Federal regulations.

The purpose of this article: identify and explain the requirements of 40 CFR 265.51 Purpose and Implementation of Contingency Plan.

Hold on a minute!  These regulations were revised and moved to a new location within Title 40 of the CFR by the Generator Improvements Rule.  If your state has not yet adopted the Generator Improvements Rule, then this article is still applicable to you (but it won’t be for much longer).  If your state has adopted and been authorized to enforce the Generator Improvements Rule, then these regulations no longer apply to you.  Read: What is the status of the Generator Improvements Rule in my state?

To see an explanation of these regulations as revised by the Generator Improvements Rule you must refer to the following:

• Large quantity generator of hazardous waste (LQG)
• Small quantity generator of hazardous waste (SQG)

To see an explanation of the regulations prior to the revisions of the Generator Improvements Rule, please continue reading this article.

§265.51 Contingency Plan and Emergency Procedures reads:

(a) Each owner or operator must have a contingency plan for his facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

(b) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

“Each owner or operator…” must mean every facility, no matter its operations or the amount/type of hazardous waste it generates, right?  No.  The section prior to this one (§265.50 Applicability) established the facilities that must comply with this part.  In short, these regulations apply to interim status TSDF’s and large quantity generators (LQG) of hazardous waste.  They do not apply to small quantity generators (SQG) and conditionally exempt small quantity generators (CESQG) of hazardous waste.  The SQG, however, is required to comply with Subpart C of Part 265 Preparedness and Prevention and modified emergency response procedures [§262.34(d)] also known as: The Basic Plan.

So, an LQG or TSDF must have a contingency plan, which is defined at §260.10:

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Both §265.51 and the definition in §260.10 indicates the scope of the contingency plan is limited to the following emergencies:

• Fires,
• Explosions, or;
• Any release of hazardous waste.

What isn’t clear is if the scope includes all potential for fires and explosions throughout the entire facility of just those situations where hazardous waste is the source of the emergency.  A memorandum from the USEPA (RO 14758) clarifies the situation:

The scope of compliance with the Part 265 requirements for LQGs set forth in 40 CFR 262.34(a)(4) is on units accumulating hazardous wastes.  Thus, in order to comply with the Part 265 requirements referenced in §262.34(a)(4), LQGs only need to address those tanks, containers, drip pads or containment buildings that accumulate hazardous wastes and are subject to the 90-day generator accumulation provision.

So, the contingency plan need only address emergencies caused by hazardous waste while in a 90-day accumulation area, sometimes known as the Central Accumulation Area or CAA.  However, I suggest your plan also consider and include the raw materials and processes that generate the hazardous waste.  The next article in the series, 40 CFR 265.52 Content of Contingency Plan will address the possibility of consolidation of all emergency procedures into the Integrated Contingency Plan (One Plan).

The contingency plan should be well organized so that information contained in it (ie. the “provisions”) can be obtained quickly in an emergency and implemented immediately as §265.21(b) requires.

Next article:  40 CFR 265.52 Content of Contingency Plan (Part 1)

Please don’t hesitate to contact me if you have any questions about the RCRA hazardous waste regulations or the transportation of hazardous materials.