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RCRA Statute, Regulations & Enforcement

The Statute

The Resource Conservation and Recovery Act (RCRA), an amendment to the Solid Waste Disposal Act, was enacted in 1976 to address a problem of enormous magnitude – the huge volumes of municipal and industrial solid and hazardous waste generated nationwide.

There was a time when the amount of waste produced in the United States was small, and its impact on the environment was viewed as relatively minor. Times have changed. With the industrial revolution in the late 1800s, the country began to experience unparalleled growth. New products were developed, and the consumer was offered an ever-expanding array of material goods.

This growth continued through the early 20th Century and accelerated after World War II when the nation's industrial base, strengthened by war, turned its energy toward domestic production. The results of growth, however were not all positive. While the country produced more goods and prospered economically, it also generated more waste, both hazardous and nonhazardous. For example, at the end of World War II, U.S. industry was generating roughly 500,000 metric tons of hazardous waste per year. This amount continued to increase over the next 50 years. A national survey conducted by EPA in 1996 estimated that 279 million metric tons of hazardous waste were generated nationwide in 1995, more than a 500-fold increase.

Unfortunately, this phenomenal growth in waste production was not mirrored by advancements in the field of waste management. Much of the waste produced entered the environment, where it posed a serious threat to ecological systems and public health.

In the mid-1970s, it became clear to the U.S. Congress and the American people that action had to be taken at the national level to ensure that wastes were managed properly. This realization began the process that resulted in the passage of the Resource Conservation and Recovery Act (RCRA).

RCRA was enacted as an amendment to the already existing Solid Waste Disposal Act of 1965 (SWDA) that did not effectively address the management of wastes. The law placed controls on the generation, transportation, treatment, storage and disposal of hazardous wastes, as well as establishing a framework for the management of non-hazardous waste.

RCRA has continued to evolve as it has been further amended to reflect the nation's changing needs. Some of the more important amendments are the Hazardous and Solid Waste Amendments of 1984 (HSWA), which expanded the scope and requirements of RCRA.

HSWA was enacted largely in response to citizen concerns that existing methods of hazardous waste disposal, particularly land disposal of wastes were not safe. HSWA also required EPA to develop a comprehensive program for regulation of underground tanks and underground tank systems (USTs) as maybe necessary to protect human health and the environment. It addresses the problem of leaking underground storage tanks (LUSTs) by requiring tank notification, tank standards, reporting and record keeping requirements for existing tanks, corrective action when necessary, as well as compliance and enforcement program development.

Other important amendments to RCRA were the Federal Facilities Compliance Act of 1992 (FFCA) which was passed to strengthen the authority to enforce RCRA at federally-owned facilities and the Land Disposal Flexibility Act of 1996 (LDPFA) that amended RCRA to provide regulatory flexibility for the land disposal of certain wastes.

The Resource Conservation and Recovery Act (RCRA) of 1976; 42 U.S.C. s/s 321 et seq. (P.L. 94-580)
|RCRA summary | RCRA full text | Exit EPA Disclaimer

The goals of RCRA are to:

To achieve these goals, RCRA established three (3) distinct yet interrelated programs:

Note: In November 1988, the medical waste tracking demonstration program, under RCRA Subtitle J, was established for the identification of medical waste to be tracked and for creating management standards for handlers of medical waste. This demonstration project was for a limited time and expired on June 22, 1991. Medical waste, except when in violation of certain national standards, is now regulated by the states. (Additional Information)

Although RCRA creates the framework for the proper management of hazardous and non-hazardous solid waste, it does not address the problems of hazardous waste found at inactive or abandoned waste sites or those resulting from spills that require emergency response. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), commonly known as Superfund, addresses these problems. The Oil Pollution Act of 1990 (OPA) has provisions for cleaning up oil spills and RCRA includes authorities for cleaning up RCRA waste or waste from active facilities.

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RCRA Regulations

Although there are some provisions of RCRA which are self-implementing (that is, no regulations are needed), the statute directed EPA to develop regulations for implementation of the RCRA program. Regulations allow EPA to deal with complex issues in greater detail than is possible in a statute. Regulations, which are also known as rules, are proposed by EPA in the Federal Register for public comment and then, if accepted, promulgated as final or put into effect as part of the regulatory requirements. They are published in the Code of Federal Regulations (C.F.R.) when they are finalized.

RCRA Subtitle C - Hazardous Waste Regulations (40 C.F.R. Parts 260-279)

Using the authorities in RCRA, EPA has developed a comprehensive program to ensure that hazardous waste is managed safely from the moment it is generated, while it is transported, treated, or stored, until the moment it is finally disposed. This is the "cradle to grave" management system and, under it, there are requirements for hazardous waste identification, hazardous waste generators, transporters, treatment, storage, and disposal facilities, hazardous waste recycling and universal wastes, land disposal restrictions, combustion, and permitting. There are also specific regulations governing the requirements and procedures for EPA to authorize states to administer the RCRA program.

As indicated above, RCRA Subtitle C provides for "cradle to grave" tracking and management of hazardous waste – that is, from the generator to transporter to treatment, storage and disposal. (See Diagram on Left)

Anyone or any facility that generates, transports, treats, stores or disposes of hazardous waste, and any entity that produces, burns distributes or markets any waste-derived fuels must notify EPA of the activities and comply with RCRA.

RCRA Subtitle D - Solid Waste Regulations (40 C.F.R. Parts 239 - 258)

EPA's primary goal in solid waste includes setting national goals, providing leadership and technical assistance, and developing educational materials. EPA has however, developed detailed technical criteria for solid waste disposal facilities, including specific criteria for municipal solid waste landfills (MSWLFs). These include specific provisions on location, operation, design, ground water monitoring, corrective action, closure and post-closure, and financial assurance. Note that EPA does not have federal enforcement authority for the solid waste program; however, citizens may bring an action under RCRA 7002.

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RCRA Subtitle I - Underground Storage Tank (UST) Regulations (40 C.F.R. Parts 280, 281, 282)

With enactment of the Hazardous and Solid Waste Amendments of 1984 (HSWA), Congress directed EPA to develop a comprehensive regulatory program for USTs storing petroleum or hazardous substances. EPA has promulgated technical performance standards designed to insure safe design, operation, maintenance, and closure. The standards encompass design, construction, and installation; operation; release detection; release reporting, investigation, and confirmation; corrective action; closure, and financial responsibility. In 1986, Congress created a fund for corrective action fro petroleum releases from USTs. This is called the Leaking Underground Storage Tank (LUST) trust fund.

Owners or operators of underground storage tanks (USTs). A UST is defined as a tank and any underground piping connected to the tank that has at least 10 per cent of its combined volume underground. So, this includes the tank, connected piping, and underground ancillary systems, such as valves and pumps, and containment systems. In addition the tank must contain a regulated substance. A regulated substance is any hazardous substance defined under CERCLA 101(14) and petroleum.

Under both Subtitle C and Subtitle I, EPA has been given enforcement authorities. The maximum penalty is $27,500 per day per violation.

RCRA Subtitle J - Medical Waste Regulations (Expired) (Formerly 40 C.F.R. Parts 259)

With enactment of the Medical Waste Management Act of 1988, Congress directed EPA in 1989 to develop a Medical Waste Demonstration Project. The demonstration project was initiated in a limited number of states before it expired. (Additional Information)

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RCRA Enforcement

EPA may issue an administrative order to any person who violates the RCRA. The order may impose a civil penalty and also require compliance. EPA may also bring a civil action against persons who fail to comply with an order issued under the Act. Some information on who must comply with RCRA and the penalty amounts are shown in the above accounts on the regulations.

EPA publishes the "Enforcement Alert" Newsletter, an informational publication, that is intended to inform and educate the public and regulated community about important environmental enforcement issues, recent trends, and significant enforcement actions. The information contained in each issue should help the regulated community anticipate and prevent violations of federal environmental laws and the applicable regulations that could otherwise lead to enforcement actions. New issues are published on an irregular basis, as EPA see the need to provides alerts on enforcement concerns. Past issues of an Enforcement Alert have highlighted such RCRA enforcement concerns as:

"Petroleum Refineries: Compliance with RCRA Requirements Critical to Protecting Public Health, Environment" (PDF) (4 pp, 35K, About PDF) Volume 2, Number 2 (April 1999)

"Hazardous Waste Management Practices at Mineral Processing Facilities Under Scrutiny by U.S. EPA; EPA Clarifies 'Bevill Exclusion' Wastes and Establishes Disposal Standards" (PDF) (4 pp, 48K, About PDF) Volume 3, Number 10 (November 2000)

Complete Listing of "Enforcement Alert" Newsletters

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Import-Export Program

The Import-Export Program (IEP) controls international trade in hazardous waste for the United States. The United States has agreements with serveral countries, including Canada and Mexico, which provide for prior notification of shipment of wastes (both importing and exporting of wastes).

Other Federal Laws and Regulations Relating to Hazardous Waste

There are interactions between RCRA and most of the other major environmental statutes. These statutes work together to limit the amount of waste released into a particular environmental medium, directly control the production of certain products, and protect workers managing hazardous waste. Those relating to solid and hazardous wastes, in general are:

Mercury-Containing and Rechargeable Battery Management Act of 1996
The Battery Act is to phase out the use of mercury in batteries and to facilitate the efficient and cost-effective collection and recycling or disposal of used nickel-cadmium (Ni-Cd) batteries, used small sealed lead-acid batteries, and certain other batteries. The law also imposes nationally uniform labeling requirements for the "regulated batteries" and for rechargeable customer products that are manufactured domestically or imported and sold for use in the United State. (Battery Act Enforcement Information)

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), also known as "Superfund" This law was enacted to address the problems of hazardous waste found at inactive or abandoned sites or those resulting from spills that require emergency response. (Superfund Enforcement Information)

Information on the other federal hazardous waste laws and regulations can be found in the EPA Office of Solid Waste's Laws and Regulations section which lists documents and other information organized by subject.

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State Laws and Regulations Relating to Hazardous Waste

The Resource Conservation and Recovery Act (RCRA) provides the federal government with the authority to authorize states to implement and enforce hazardous waste regulations and requirements as long as the state programs are as stringent or broader in scope than the federal regulations. The Office of Solid Waste (OSW) maintains information on the current status of authorization of state programs on its web site. Most states have their hazardous waste laws and regulations available on their own web sites.

The EPA Office of Solid Waste links to the EPA Regional, state and territory environmental regulatory sites from its web site and, where possible, the links to the pages related to solid and hazardous waste are available at the following links.

Regions, States, and Tribes
State Web Site Links

The Association of State and Territorial Solid Waste Management Officials (ASTSWMO)Exit EPA Disclaimer maintains another site that has links to state and state environment agency web sites. The association is a group that enhances and promotes effective state and territorial waste management and that affects the national waste manage practices. ASTSWMO provides an important interface between the state and federal programs and the policies that are developed.

ASTSWMO's State and State Environmental Agency Web Site Links Exit EPA Disclaimer


Related RCRA Enforcement Information

RCRA Significant Cases and Settlements (1998-Present)
Environmental Appeals Board (EAB) Penalty Appeals
Administrative Law Judge (ALJ) Decisions and Orders

Other Information Sources

EPA Waste General Information (Comprehensive Topics List)
EPA Underground Storage Tanks General Information (Comprehensive Topics List)

 

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