The regulations of the USEPA at 40 CFR 264 and 265 are applicable primarily to Treatment, Storage, and Disposal Facilities (TSDFs) that are required to operate under the conditions of a RCRA subpart C permit due to their handling of hazardous waste.  Some of these regulations, however, are also applicable to generators of hazardous waste; such as 40 CFR 264/265, Subpart C Preparedness and Prevention to which both a Small Quantity Generator of hazardous waste and a Large Quantity Generator of hazardous waste are subject.  Conversely, 40 CFR 264/265, Subpart D Contingency Plan and Emergency Procedures is not applicable to an SQG though it remains applicable to an LQG.

Though States with an authorized hazardous waste program under RCRA are capable of making these regulations more strict and more broad, I have found that most States simply adopt both Subparts C & D by reference into their regulations.  In these States compliance with the USEPA Federal rule ensures compliance with State regulations as well.  Sometimes, however, a State can surprise you by throwing in some state-specific requirements after it has adopted the Federal rule.  One example of this is in Missouri where the MO Department of Natural Resources operates the hazardous waste program.

With the exception of the regulation cited below, the MDNR adopts by reference the entirety of 40 CFR 264/265, Subpart C Preparedness and Prevention (applicable to SQGs and LQGs) and 40 CFR 264/265, Subpart D Contingency Plan and Emergency Procedures (applicable only to an LQG).

The Missouri-specific regulation in question can be found in Title 10 of the Missouri Code of State Regulations (CSR), Division 25-Hazardous Waste Management Commission, Chapter 7 Rules Applicable to Owners/Operators of Hazardous Waste Facilities; it reads:

(C)  Preparedness and Prevention. (Reserved)

Here we see that the USEPA regulations for Preparedness and Prevention applicable to a TSDF, LQG, or SQG have been adopted in their entirety without modification by the MDNR.

(D) Contingency Plan and Emergency Procedures.  this subsection sets forth requirements which modify or add to those requirements in 40 CFR part 265, subpart D.

1.  The government official described in 40 CFR 264.56(d)(2) incorporated in this rule as the on-scene coordinator shall be contacted and further identified in the report as one (1) of the following:

Access to external communication should be immediate

A.  The department’s Emergency Response Coordinator (573) 634-2436 or (573) 634-CHEM;

B.  The EPA Region VII Emergency Planning and Response Branch (913) 236-3778; or

C.  The National Response Center identified in 40 CFR 264.56(d)(2), incorporated in this rule.

In the above passage you can see that the USEPA regulations for Contingency Plan and Emergency Procedures were also adopted in their entirety by the MDNR but with some Missouri-specific modifications.  The changes are made to 40 CFR 265.56(d)(2) Emergency Procedures and they are simply the identification of State (Missouri) and regional (USEPA Region VII) contacts to notify in the event of a reportable hazardous waste emergency.

If your business is in Missouri, be sure to include these agencies with the list of those that you must notify in the event of an emergency.  If you don’t conduct business in Missouri, check with the environmental agency of your state to determine the status of its regulations.

Whether you’re an SQG or LQG, I can provide the training required by your State and the Federal regulations.  Contact me with questions about Federal regulations, Missouri regulations, the regulations of your State or for a free training consultation.