RCRA - STORAGE/DISPOSAL > Details

The Resource Conservation and Recovery Act (RCRA) requires that generators of hazardous waste have adequate measures and contingency plans in place for responding to emergencies. This section of the EVC describes RCRA's emergency response and contingency planning requirements, including those for recordkeeping. Specific requirements may vary according to the generator's classification. In addition, the individual states may have more strict requirements, which your campus should review in order to identify all applicable requirements.

RCRA hazardous waste regulations classify generators of hazardous waste into three categories based on the quantity generated, as follows:

• Conditionally exempt small quantity generators (CESQGs) generate no more than 100 kilograms (220 pounds) of hazardous waste in a calendar month.
• Small quantity generators (SQGs) generate between 100 kilograms (220 pounds) and 1,000 kilograms (2,200 pounds) of hazardous waste in a calendar month.
• Large quantity generators (LQGs) generate more than 1,000 kilograms (2,200 pounds) of hazardous waste in a calendar month.

The regulations refer to small quantity generators as "generators of greater than 100 kg but less than 1,000 kg in a calendar month." Requirements for "generators" always apply to large quantity generators, but may not apply to SQGs or CESQGs. Generator status is based on the monthly total of all hazardous waste generated rather than on the quantity of each type of hazardous waste. Generator status is not determined by average monthly hazardous waste generation. Rather, hazardous waste generator status is determined separately for each calendar month, based on actual hazardous waste generation in the month. In addition, total volume limits cannot be exceeded (e.g., small quantity generators may not store more than 6,000 kilograms of hazardous waste on site at any time).

Facilities designated as SQGs storing hazardous waste must comply with the following "Preparedness and Prevention" requirements:

• At all times at least one employee with responsibility for coordinating emergency response measures must be either at the facility or on call and able to reach the facility in a short time (40 CFR 262.34(d)(5)(i)). This employee is the "emergency coordinator."
• The following information must be posted next to telephones (40 CFR 262.34(d)(5)(ii)):
• The name and telephone number of the emergency coordinator
• Locations of fire extinguishers, spill control material, and the fire alarm
• The telephone number of the fire department, unless the facility has a direct alarm
• All employees must be thoroughly familiar with proper waste handling procedures and emergency response procedures that are relevant to their responsibilities (40 CFR 262.34(d)(5)(iii)).
• The facility must have the following equipment, unless this equipment would not be needed to control the hazards posed by the waste at the facility (40 CFR 265.32):
• An internal communication or alarm system (voice or signal)
• Telephones or a hand-held, two way radio at locations where hazardous waste is used or stored
• Appropriate fire control equipment, spill control equipment, and decontamination equipment (e.g., emergency shower, eyewash)
• An adequate water volume and pressure
• All equipment listed above must be tested and maintained as necessary to ensure that it will function properly in time of emergency (40 CFR 265.33).
• Personnel handling hazardous waste must have immediate access to an internal alarm or emergency communication device (40 CFR 265.34(a)). An employee working alone on the premises must have immediate access to a means of summoning external emergency assistance (40 CFR 265.34(b)).
• Aisle space must be maintained to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes (40 CFR 265.35)
• To the extent warranted by type of hazardous waste handled at the facility and the potential need for emergency services, the generator must attempt to familiarize police, fire departments, and emergency response teams with facility operations and the wastes handled at the facility, and must attempt to familiarize local hospitals with the properties of the waste and the injuries and illnesses that could result from fire, explosion or waste discharge at the facility. If more than one police or fire department could respond to an emergency, then one primary emergency response authority must be designated. (Note: If an emergency responder has declined to enter into an agreement with the facility, the facility must have a written record of this declination.) (40 CFR 265.37)
• Waste storage areas must have unobstructed aisle space. (40 CFR 262.35)
• The emergency coordinator or a person designated by the emergency coordinator must:
• In the event of a fire, call the fire department or attempt to extinguish the fire using a fire extinguisher (40 CFR 262.34(d)(5)(iv)(A)).
• In the event of a spill, contain the flow of hazardous waste to the extent possible and clean up the waste and any contaminated materials or soil as soon as possible (40 CFR 262.34(d)(5)(iv)(B)).
• In the event of a fire, an explosion, a spill that has reached surface water, or any other release that could threaten the health of people outside the facility, immediately notify the National Response Center (NRC) at 800-424-8802. The following information must be provided: the name, address, and identification number of the generator; the type of incident and the date and time of the incident; the type and quantity of hazardous waste involved; a description of any injuries; the quantity of materials recovered and the disposition of the materials. (40 CFR 262.34(d)(5)(iv)(C))
  
  In addition, hazardous waste generators who experience a release of a "hazardous substance" under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) or an "extremely hazardous substance" under the Emergency Planning and Community Right-to-Know Act (EPCRA), including hazardous waste streams that meet these definitions, must report such releases. Reportable quantities for hazardous substances are given in 40 CFR 302. Reportable quantities for extremely hazardous substances are given in 40 CFR Part 355, Parts A and B. Facilities must notify State Emergency Response Committees (SERC) and Local Emergency Planning Committees (LEPCs) immediately of releases that go beyond the facility boundaries and provide subsequent written notification and/or follow up to the releases. For CERCLA and EPCRA releases that stay within the facility boundaries, then only the NRC must be notified (see previous paragraph).

In addition to complying with the Preparedness and Prevention requirements of 40 CFR 265, Subpart C, LQG facilities must meet the following requirements for contingency plans:

The facility must develop a contingency plan that is designed to minimize hazards to people and the environment from fires, explosions, and releases of hazardous waste or constituents of hazardous waste (40 CFR 262.34(a)(4), 265.51(a)).

The plan must be implemented whenever there is a fire, explosion or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment. (40 CFR 265.51(b))

The hazardous waste contingency plan must address the following elements (40 CFR 265.52):

• Actions facility must take to respond to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water
• If a Spill Prevention Control and Countermeasures Plan or another contingency plan has been prepared by the facility, then that plan only need be amended to incorporate the hazardous waste management provisions of this part.
• A description of the arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services
• Current names, addresses and phone numbers (home and office) of all persons qualified to act as emergency coordinator; primary and alternate emergency coordinators must be identified whenever more than one person is listed; others must be listed in order of which they will assume responsibility
• An up-to-date list of all emergency equipment at the facility and decontamination equipment (where this is required); including the location and a physical description of each item and an outline of its capabilities
• An evacuation plan for facility personnel where there is a possibility that evacuation could be necessary; including signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes

Copies of the contingency plan and all revisions to the plan must be kept at the facility. In addition, copies of the contingency plan must be submitted to all local police, fire departments, hospitals, and emergency response teams that may be called upon to provide emergency services (40 CFR 265.53).

The plan must be reviewed and immediately amended if necessary whenever (40 CFR 265.54):

• The facility permit is revised
• The plan fails in an emergency
• The facility changes in a way that materially increases the potential for fires, explosions, or releases of hazardous wastes or hazardous waste constituents, or changes the response necessary in an emergency
• The list of emergency coordinators or the list of emergency equipment changes

At all times, there must be at least one employee either at the facility or on call (i.e., able to reach the facility in a short time) who has responsibility for coordinating all emergency response measures. This employee is the emergency coordinator. The emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste stored or handled, the location of all records at the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan. (40 CFR 265.55)

Procedures for alarm activation; released material characterization; assessment of the hazards of the material to either human health or the environment; if necessary, reporting to state or local agencies and the National Response Center; released material containment; monitoring leaks, pressure buildup, etc.; recovered waste management; and cleaning of emergency equipment prior to reuse. (40 CFR 265.56)

The facility must ensure that implementation of the contingency plan is fully noted in the operating log. (40 CFR 265.56)

For the complete text of the regulations (40 CFR 262, 265, 302 and 355), click here: