Civil Enforcement

RCRA, which regulates solid and hazardous waste has the following major divisions: Subtitle C - Hazardous Waste, Subtitle D - Solid Waste, Subtitle I - Underground Storage Tanks or Tank Systems (USTs) and Subtitle J - Medical Wastes. Subtitle J expired on March 21, 199. Subtitle D, for waste when non-hazardous, is regulated by the states. Subtitle C's RCRA hazardous waste corrective action and Subtitle I's underground storage Tank cleanup or remedial actions are covered under Cleanup Enforcement.

RCRA Regulations relating to the requirements for currently operating facilities and their wastes may be found in the corresponding entries of 40 CFR Parts 261-299.

EPA's Office of Solid Waste (OSW) develops and directs the general waste management program under RCRA for solid and hazardous waste under Subtitle C & D, respectively. EPA's Office of Underground Storage Tanks (OUST) develops and directs the general waste management program under Subtitle I, Underground Storage Tanks.

Brief descriptions of the requirements for RCRA facilities and the handlers of RCRA waste are are as follows:

Subtitle C - Hazardous Waste

Part 261 - Waste Identification: A generator has the responsibility to determine if he has a hazardous waste by either using "process knowledge" or by laboratory analysis. Hazardous wastes are RCRA "listed wastes" (by identity) or RCRA "characteristic wastes", i.e., based on a) Ignitability, b) Corrosivity, c) Reactivity, and/or Toxicity. Hazardous wastes are subject to RCRA regulation. (Regulations)

Part 262 - Generator Requirements: This discusses hazardous waste determination, EPA identification numbers, manifesting, pre-transport requirements, recordkeeping and reporting, and exports. (Regulations)

Part 263 - Transporter Requirements: The transporter requirements include such standards as the need for an EPA identification number, transfer facility requirements, manifesting and recordkeeping, and actions to be taken in the event of hazardous waste discharges or spills. (Regulations )

The Office of Solid Waste (OSW) has general information and links on generator and transporter requirements for facilities with RCRA permits for operation on their web site at Generate and Transport Waste.

Part 264 - Treatment, Storage & Disposal Requirements: The requirements for these facilities encompass the need for EPA identification numbers, waste analysis, inspection requirements, personnel training, preparedness and prevention of releases, contingency plan and emergency procedures, manifesting, recordkeeping and reporting, as well as requirements for releases from solid waste management units, closure and post-closure requirements, and financial requirements. They also include the use and management of containers, tank systems, surface impoundments, waste piles, land treatment, landfills, incinerators, drip pads, miscellaneous other units, and corrective action for solid waste management units. There are also air emission standards for process vents, equipment leaks, tanks, surface impoundments, and contains, in addition to requirements for containing buildings. (Regulations)

The Office of Solid Waste (OSW) also has general information and requirements on its web site for treatment, storage and disposal facilities having RCRA permits at Treat, Store, and Dispose of Waste.

Part 265 - Interim Status Requirements: Interim Status is for facilities or entities that have gone into business but have not yet received a RCRA permit for operation or facilities or entities that have lost their RCRA permit for operation. A few of the requirements given in Part 265 have to do with identification numbers and notifications, waste analysis, training, emergency preparedness and prevention, manifesting , recordkeeping and reporting, financial requirements, and the management of containers, surface impoundments, waste piles, landfills, incinerators, and various treatment options. (Regulations)

Part 266 - Special Waste Requirements: This gives requirements for recyclable materials used in a manner constituting disposal, recyclable materials utilized for precious metal recovery, and hazardous waste burned in boilers and industrial furnaces. (Regulations)

Part 268 - Land Disposal Restrictions: The requirements and restrictions for land disposal of hazardous wastes are given in Part 266. Some of the areas covered are the dilution prohibition, schedule for land disposal prohibition and establishment of treatment standards, ban on land disposal of certain specific wastes, treatment standards, prohibitions on storage, and exemptions from requirements. (Regulations)

EPA's Office of Solid Waste and Emergency Response (OSWER) maintains a Land Disposal Restrictions Web Site with additional general information.

Part 270 - Permit Program Requirements: Permit requirements include permit application, permit conditions, changes to permits, expiration and retention of permits, and qualifications for and termination of interim status. Part 265 (above) also has information about interim status. (Regulations)

Part 271 - State Authorization Requirements: Part 271 is of interest to the states. It includes such information as the RCRA requirements for final authorization to implement an EPA-approved hazardous waste program, the elements of submission for a proposed authorized program, the Memorandum of Agreement with the EPA Regional Administrator, how permitting is handled, how the state is expected to regulate facilities (generators, transporters, etc.), program withdrawl, and how specific areas are to be managed. (Regulations)

Part 273 - Universal Waste Requirements: The Universal Waste Requirements presents the standards for management of the wastes included under the Universal Waste Rule. The wastes currently included in this category are batteries, pesticides, thermostats, and household and conditionally exempt small quantity generators. The standards are laid out as standards for small quantity handlers, for large quantity handlers, and for transporters of universal wastes. (Universal Waste Management Enforcement) (Additional General Information on Universal Wastes) (Universal Waste Regulations)

Subtitle D - Solid Waste (40 C.F.R. Parts 239 - 257)

Although there are RCRA Subtitle D Solid Waste regulatory requirements, the regulation and enforcement of solid waste requirements are left primarily left up to the individual states. The states have promulgated their own requirements which, in some cases, are more stringent than the federal requirements or cover wastes are not regulated under the federal regulations. Some solid wastes fall into the category known as Universal Waste (see above).

A specific category of RCRA Subitite D Solid Waste encompasses what is known as Conditionally Exempt Hazardous Wastes. These wastes which meet the definition of hazardous wastes are from a regulatory standpoint, treated as though they are non-hazardous solid wastes as long as specific management or other requirements are met. Should these requirements not be met, the wastes revert to being regulated as Subtitle C Hazardous Waste. Examples of Conditionally Exempt Hazardous Wastes are cement kiln dust, munitions, and cathode ray tubes (CRTs).

Subtitle I - Underground Storage Tanks

Part 280 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks (UST): Part 280 covers the requirements for underground storage tanks and underground storage tank systems such as the general requirements, spill and overfill protection, release detection, corrosion protection, reporting and recordkeeping, and tank closure. (Underground Storage Tank Enforcmement Information)

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