Hazardous Waste
The Resource Conservation and Recovery Act (RCRA) hazardous waste requirements do not specifically state the method or format by which the hazardous waste contingency plan/quick reference guide, for Large Quantity Generators (LQGs) and arrangements with local emergency authorities (for both LQGs and SQGs) must be submitted. The North Carolina Department of Environmental Quality Hazardous Waste Section is the regulatory authority in North Carolina. There is flexibility for how emergency information is submitted based on the preference of the local emergency authority.
The N.C. SERC and hazardous materials Regional Response Teams have access to E-Plan. EPCRA 311/312 facilities that are also RCRA facilities are requested to submit their RCRA plans as part of their Tier II submission.
Submittal of the contingency plan/quick reference guide (for LQGs) and/or the emergency arrangements (for SQG and LQGs) may be done through E-Plan to meet RCRA requirements as long as:
- The local emergency authorities agree they would like to receive this information through E-Plan and all local emergency authorities (police department, fire department, hospitals) have access to view the documents via E-Plan or the county E-Plan authority has a method for providing the RCRA submittals to all local authorities.
- The hazardous waste requirement states that LQGs “must submit” the contingency plan and quick reference guide (and all revisions) to all local emergency responders (police departments, fire departments, hospitals, State and local emergency response teams that may be called upon to provide emergency services). The contingency plan/quick reference guide may also be submitted to the LEPC, as appropriate.
- For LQGs and SQGs, they “must attempt to make arrangements” with the local emergency authorities. Additionally, “Arrangements may be made with the Local Emergency Planning Committee, if it is determined to be the appropriate organization with which to make arrangements.” For NC, arrangements are typically with fire and emergency management.
- The LQG and SQG must maintain records “documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made. The documentation must be maintained by the site and not the local emergency authority.
- The LQG/SQG site needs to maintain proof/evidence of the upload of the information including a date of the upload to E-Plan. If local emergency authorities only receives hard copy documents, it is recommend to send by certified mail and the signed certified mail receipt is used as evidence of the submittal (or attempt to submit) the information.
- The hazardous waste requirements do not always align with the Tier II filing requirements. The contingency plan/quick reference guide and arrangements with the local emergency authorities would need to be uploaded to E-Plan whenever there is a revision and not just to comply with Tier II filing deadlines. Emergency contact or planning changes may be completed at any time. The LQG/SQG site need to ensure that the most current version of the document is on E-Plan.
- Even if the local emergency authorities agree to submittal via E-Plan, the LQG/SQG site must ensure that the information uploaded to E-Plan complies with all the hazardous waste requirements. For example, the information uploaded must include all maps, attachments, etc. that are in the hard copy document that would be submitted.
Resources
https://www.deq.nc.gov/about/divisions/waste-management/hazardous-waste-section