The RCRA contingency plan is a requirement for large quantity generators of hazardous waste (LQGs) and hazardous waste treatment storage and disposal facilities (TSDFs) pursuant to 40 CFR 265, Subpart D [now 40 CFR 262, subpart M due to the Generator Improvements Rule].  It is a document that describes specific actions a facility must take in the event of a fire, explosion, or release of hazardous waste. Learn more about the RCRA Contingency Plan.

The purpose of this article: identify and explain the requirements of 40 CFR 262, subpart D to maintain records of the 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?

Fortunately, the changes made by the Generator Improvements Rule did not affect the recordkeeping requirements for the contingency plan (the subject of this article) except to change the regulatory citation.  This article has been revised to include reference to the regulations both prior to and after the Generator Improvements Rule.

Please refer to this series of articles if you’re interested in all of the requirements of 40 CFR 262, subpart M to create and maintain a contingency plan.

Unlike other documents that the RCRA regulations require to be kept for a set period of time (normally 3 years from its effective date, read more…) as a record of past compliance, the regulations of 40 CFR 265, Subpart D [now 40 CFR 262, subpart M due to the Generator Improvements Rule] require the following:

• Keep all information in the contingency plan accurate and up-to-date.
• Maintain a copy of the contingency plan on-site and make it available in the event of an Agency inspection.
• Submit a copy of the contingency plan to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be required to respond to an emergency.

In order to keep the contingency plan up-to-date, it should be reviewed regularly.  However, USEPA regulations do not specify a frequency for these reviews, though annually is a good idea and may be required by your State.  Instead, it indicates five conditions where the contingency plan should be reviewed and amended immediately, if necessary.  These five conditions are:

• Applicable regulations are revised.
• The plan fails in an emergency.
• The facility changes in a significant way or in a way that changes the response necessary in an emergency.
• The list of emergency coordinators changes.
• The list of emergency equipment changes.

If a revision or update is made to the plan, all older copies should be discarded and updated/amended copies should be provided to all external authorities who received a copy initially.

A requirement of 40 CFR 265.52(c) [now 40 CFR 262.261(c) due to the Generator Improvements Rule] is that the contingency plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services.  Documenting “agreement” can be done by any of several methods since none are specified by the USEPA.  However, whatever method is used, a record of that “agreement” must be maintained with the RCRA contingency plan.

The challenge of the RCRA contingency plan is in keeping it up-to-date when changes such as the five listed above mandate a review and change.  But, keep it up-to-date you must, and maintain a copy on-site available for inspections, and provide updated copies to the specified external authorities.  There is no requirement for a large quantity generator of hazardous waste to maintain older copies of the RCRA contingency plan as a record of past compliance.

If you are subject to the regulations of 40 CFR 265, Subpart D Contingency Plan and Emergency Procedures [now 40 CFR 262, subpart M due to the Generator Improvements Rule], then you must also provide initial training with an annual review for all facility personnel involved in the handling of hazardous waste or may respond in the event of a hazardous waste emergency.  I provide this training and can help you to gain a better understanding of the USEPA regulations pertaining to a generator of hazardous waste.