Whenever a facility manages a waste there is a danger that the waste could spill, catch fire, or cause another type of emergency. This is particularly true when the waste is hazardous. For this reason, the Resource Conservation and Recovery Act (RCRA) requires each facility managing a hazardous waste to develop a Contingency Plan to assist facility employees in responding to an emergency. RCRA Contingency Plans serve to "minimize hazards to human health and the environment in the event of fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste to air, soil, or surface water" by ensuring that each regulated facility has developed a concrete plan for dealing with those types of emergencies.

Do the RCRA Contingency Plan Provisions Apply to Your Community?

Full RCRA Contingency Plans must be prepared and implemented by all large quantity generators (facilities generating more than 1000 kilograms of hazardous waste per month) who accumulate hazardous waste on-site for 90 days or less and all owners and operators of hazardous waste treatment, storage, and disposal (TSD) facilities.

Small quantity generators (facilities generating more than 100 kilograms but less than 1000 kilograms of hazardous waste per month) are not required to develop formal, written Contingency Plans. However, these facilities must nevertheless comply with a reduced set of requirements pertaining to contingency and emergency procedures.

Actions Your Community Should Be Taking

Large Quantity Generator/TSD Requirements

If your local government is considered to be a large quantity generator or owns or operates a TSD facility you are responsible for complying with the full RCRA Contingency Plan requirements. Your Contingency Plan must include, at a minimum, the following elements:

• a list of the facility's emergency coordinators
• a list of the facility's emergency equipment
• an evacuation plan adequate to ensure the safety of all facility personnel
• a description of the planned response to emergencies at the facility, and
• details of any arrangements that have been made with local and state agencies to provide emergency response support, where needed.

At least one copy of the Contingency Plan must be retained on-site at the facility, one copy must be sent to the EPA Regional Administrator, and one copy must be sent to each of your local emergency response services, including fire and police departments, hospitals, and state and local emergency response teams.

Small Quantity Generator Requirements

If your local government is a small quantity generator you must ensure that:

• all employees who handle waste are thoroughly familiar with proper waste handling and emergency procedures
• a list of emergency information is posted by the facility phone
• one designated individual is available at all times to respond to an emergency at the facility, and
• the emergency coordinator responds appropriately to any emergencies that arise.

Small quantity generators need not prepare and submit a written Contingency Plan, but they must have a comparable plan available for on-site inspection.

Additional Information

The RCRA regulations are published in Title 40 Code of Federal Regulations, Parts 260-392.

EPA has established a toll free RCRA Hotline to answer questions regarding the applicability or interpretation of the RCRA regulations. Hours: 8:30 a.m. to 7:30 p.m. EST, Monday-Friday.

(See Resource Section for solid waste contacts)