Tech Corner: HWGI Rule on Contingency Plan Requirements & Labeling

Among the many changes implemented in EPAs Hazardous Waste Generator Improvement (HWGI) rule we’d like to focus on Contingency Plan & Labeling Requirements.

Contingency Plan

One very notable aspect in which the HWGI rule has become more stringent is in the contingency plan requirements for Large Quantity Generators (LQGs).  Prior to the HWGI rule the issue became apparent that LQGs submitted lengthy contingency plans to local emergency responders and at the moment of an emergency response event, the responders would have to search entire plans to find the most important information.  Although LQGs are already required to submit contingency plans, New LQGs now have to include a Quick Reference Guide (described as an Executive Summary in the proposed rule) that contains information most critical for immediate response to an event.  Already existing LQGs are required to include a Quick Reference Guide when they otherwise update their contingency plan.  The goal behind the new requirement is to provide a direct response to President Obama’s Executive Order 13650 (Improving Chemical Facility Safety & Security), in addition to be able to have something that emergency responders can reference to quickly access the most important information during an emergency response event.

Contingency Plan Quick Reference Guide (8 elements)

1.      Types/names of hazardous waste and associated hazards

2.      Estimated maximum amounts of hazardous wastes

3.      Hazardous wastes requiring unique/special treatment

4.      Map showing where hazardous wastes are generated, accumulated or treated at the facility.

5.      Map of facility and surroundings to identify routes of access and evacuation

6.      Location of water supply

7.      Identification of on-site notification systems

8.      Name of emergency coordinator(s) or listed staffed position(s) and 24/7-hour emergency telephone number(s).

40 CFR § 262.262

Lastly, the new rule offers some other clarifications and areas of flexibility in addition to encouraging LQGs  to work with local emergency authorities and others to identify addition information that could be included.

Other Clarifications and Areas of Flexibility

·         Local Emergency Planning Committees (LEPCs) are not identified as the primary contact (as proposed) – although arrangements may be made with LEPCs if appropriate

·         Generators are not required to make arrangements with appropriate local authorities (as proposed) and need only attempt to make arrangements

·         Scope of the contingency planning and emergency procedures applies only to areas where hazardous wastes are being accumulated (including points of generation and SAAs)

·         LQGs have flexibility to eliminate unnecessary employee personal information in the contingency plan

·         SQGs and LQGs may determine the most appropriate locations for emergency equipment

·         SQGs have the option to use contractors to address releases (containment/cleanup)

·         Large facilities with internal response capabilities may seek a waiver from entering into arrangements with local authorities (final rule specifies waiver procedure)

Marking and Labeling

Another notable change triggered by the HWGI rule is the marking requirements on hazardous waste accumulation containers.  Previous RCRA labeling regulations did not require generators to identify and indicate the hazards of hazardous wastes accumulated in containers, tanks, drip pads and containment buildings.  This resulted in a failure to communicate risks associated with wastes being accumulated or stored in different locations.  The danger created can impact workers, waste handlers, emergency responders and visitors.  Areas affected include:  Generator satellite accumulation areas and central accumulation areas, transfer facilities consolidating hazardous wastes from different generators, TSDF container and tank storage areas.

One requirement related to this change is that generators must mark their containers with applicable RCRA waste codes or use a nationally recognized electronic system, such as a bar-coding system, that performs the same function.  Also as a result of the dangers and impacts identified, generators are required to indicate hazards of contents of the containers with flexibility in how to comply with the new requirement.  Although not required to include the identity of the contents of the containers as was proposed, generators can indicate the hazards using any of the several previously established and proven methods of hazard communication.  For drip pads and containment buildings, the generator can keep this information in logs or records near the accumulation unit.

Acceptable methods of Hazardous Communication

·         DOT hazardous communication

·         OSHA hazard statement of pictogram

·         NFPA chemical hazard label

·         RCRA characteristic

40 CFR § 262.15