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. (more…)

This article is the first 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.  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 265.50 Applicability of the Contingency

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.

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