And EPA did, although not by revising the TSDF regulations. Instead, the Agency put out guidance for TSDF RCRA permit holders on what PPI to add to their permit documentation and provide to local and state emergency providers.
Contingency Plan
The regulations for preparing a contingency plan, one of the documents submitted as part of the TSDF permit application, require that:
EPA states that RCRA’s contingency plan and emergency regulations for permitted and interim-status TSDFs include additional requirements that are relevant to responding to incidents in an informed and timely manner. These regulations require that:
- The facility contingency plan be designed to minimize hazards to human health and the environment from fires, explosions, or any unplanned sudden or nonsudden release of hazardous waste or hazardous constituents to air, soil, or surface water;
- The plan describe arrangements agreed to by local police and fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services;
- The plan list the names, addresses, and phone numbers (home and work) of all persons qualified to act as emergency coordinators;
- The plan include a list of all emergency equipment at the facility, the location and physical description of each item on the list, and a brief outline of its capabilities;
- Copies of the plan and all revisions to the plan be maintained at the facility;
- Copies of the plan and all revisions be submitted to all local police and fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services;
- The plan be reviewed and immediately amended, if necessary, whenever a facility’s permit is revised, the plan fails in an emergency, or the facility changes—in its design, construction, operation, maintenance, or any other circumstances—in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency; and
- There be at least one employee either on the facility premises or on call with the responsibility for coordinating all emergency response measures. The employee(s) must be thoroughly familiar with all aspects of the contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the locations of all records within the facility, and the facility layout.
EPA states that these TSDF contingency plan and emergency regulations (40 CFR Parts 264 and 265 Subpart D) include requirements relevant to informed and timely responses to incidents that are in addition to the TSDF Preparedness and Prevention regulations (40 CFR Parts 264 and 265 Subpart C) that require owners and operators to make arrangements with local authorities for potential emergency response.
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Current and Specific Information
As the EPA interprets them, the two sets of regulations (provisions for contingency plans and preparedness and prevention measures) “clearly intend that, in the event of a fire, explosion, or release, local responders have current and specific information to properly address the incident and minimize hazards to human health and the environment.” EPA noted that “CSB’ s findings underscore that, to be useful when an actual emergency occurs, preparedness and prevention information for state and local responders must be available to responders in advance and in writing.”
The EPA guidance therefore “strongly encourages” regions and states to write conditions into permits that require TSDFs to provide written information regarding waste quantities, types, and locations to state and local authorities and first responders for the purpose of emergency preparedness and prevention, to update such information as necessary, and to provide the updates to state and local authorities and first responders. The same encouragement is directed at TSDFs with existing permits that do not have these explicit directions.
Necessary written information will vary from facility to facility, but should generally contain the following:
- Waste types (ignitable, reactive, etc.)/names
- Approximate quantities of each waste type
- General locations of waste at the facility
- Layout of the facility
- General locations within the facility where personnel normally work
- Entrances and roads inside the facility and possible evacuation routes
TSDF owners and operators are already required to maintain or provide this type of information for other purposes (e.g., to include in the facility operating record or to submit with the permit application).
States and EPCRA
The following additional points are made by the EPA in the Agency’s guidance:
- While EPCRA does not give the EPA the authority to require TSDFs to provide chemical inventory information for RCRA-regulated hazardous wastes, state and local officials, state governors, and SERCs do have such authority under EPCRA Sections 302 and 303. The EPA has encouraged states to exercise that authority. Therefore, TSDFs should determine if they are subject to reporting because of terms in their permits or because of EPCRA regulations.
- Since the required contingency plan is interrelated with the PPI, the EPA recommends that the EPA regions or the states require facilities to include a description of the preparedness and prevention measures as an appendix to the contingency plan. A contingency plan will likely be more effective when it includes all relevant information so that it exists as a stand-alone document with no need to cross-reference other elements of the permit or permit application.
- To ensure the accuracy and currency of PPI, permits should include conditions to have TSDF owners/operators update written information as necessary throughout the lifetime of the permit and provide this information to state and local authorities and first responders. Examples of events necessitating updates to written information include changes to wastestreams treated, significant changes in volumes or quantity of wastes handled, and significant design changes to the facility. Some of these types of events could trigger a permit modification, which would, in turn, trigger a review and amendment (if necessary) of the facility’s contingency plan.
- The above conditions stem from authority in 40 CFR Parts 264 and 265 to require PPI. However, if there are additional facility-specific circumstances wherein the permitting authority determines that additional requirements are necessary to ensure protection of human health and the environment, RCRA omnibus authority may be used to incorporate additional conditions into the permit.
- If the permitting authority believes sufficient need exists, the regulations allow it to require a facility to establish and maintain an information repository in a location easily accessible to the community. The public can use this information to better understand the risk they may face in an emergency situation and work with local authorities to better understand possible evacuation strategies and emergency response plans.
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More TSDF Permit Resources
- Hazardous Waste Treatment, Storage and Disposal Facility (TSDF) Regulations: A User Friendly Reference Document for RCRA Subtitle C Permit Writers and Permittees
- EPA Training Module: Introduction to Permits and Interim Status (40 CFR Part 270)
- Major Steps in the Permit Process Table
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