Hazardous Waste; RCRA Subtitle C
National Links
The Resource Conservation and Recovery Act (RCRA) Subtitle C establishes a federal program to manage hazardous wastes from cradle to grave. The objective of the Subtitle C program is to ensure that hazardous waste is handled in a manner that protects human health and the environment. To this end, there are Subtitle C regulations for the generation; transportation; and treatment, storage or disposal of hazardous wastes. In practical terms, this means regulating a large number of hazardous waste handlers. The RCRA Subtitle C program also:
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Conducts compliance evaluation inspections to ensure that hazardous waste is managed in accordance with law, regulations, and safe handling practices.
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Works with state agencies and the Department of Justice on civil and criminal enforcement of hazardous waste laws where violations are observed.
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Helps state and local agencies develop and administer hazardous waste management programs.
The Subtitle C program has resulted in perhaps the most comprehensive regulations EPA has ever developed. The regulations first identify the criteria to determine which solid wastes are hazardous, and then establish various requirements for the three categories of hazardous waste handlers: generators, transporters, and treatment, storage and disposal facilities (TSDFs). In addition, the Subtitle C regulations set technical standards for the design and safe operation of TSDFs. These standards are designed to minimize the release of hazardous waste into the environment. Furthermore, the regulations for TSDFs serve as a basis for developing and issuing the permits required by the Act for each facility. Permits are essential to making the Subtitle C regulatory program work, since it is through the permitting process that the EPA or state applies standards to TSDFs.
The RCRA Corrective Action program is a result of the 1984 Hazardous and Solid Waste Amendments (HSWA) passed by Congress. These amendments required the cleanup of contamination from improper waste management practices both prior and after the passage of RCRA. The statute requires responsible parties that are seeking a permit to treat, store or dispose of hazardous wastes to clean up environmental contaminants at their sites regardless of the time of release. EPAs Corrective Action authority was substantially expanded by HSWA, allowing the Agency to address any releases of hazardous waste or hazardous waste constituents to all environmental media at both RCRA permitted and non-permitted facilities.
EPA Identification Numbers
All persons who generate, transport, treat, store, or dispose of hazardous waste and all persons who store recyclable materials prior to recycling them are required under the Resource Conservation and Recovery Act (RCRA) to notify EPA of their hazardous waste activities. The persons located in NJ and NY should notify their New Jersey or New York State agency if the State is authorized to operate its own hazardous waste program. These persons must obtain an EPA Identification Number unless their solid waste has been excluded from regulation or their hazardous waste has been exempt. These respective notification requirements are found in CFR Title 40 - Protection of Environment Chapter I, Parts 262, 263, 264, 265, and 266.
An EPA Identification Number is issued base on the submitted Notification of Regulated Waste Activity form (EPA Form 8700-12.)
If your business moves to another location, the operator or owner must notify the State and EPA Regional Office of this change. Since your business has changed locations, a new EPA Identification Number will be assigned base on the new Notification form submittal.
The RCRA requires anyone who owns or operates a facility where hazardous waste is treated, stored, or disposed to have a permit. To start the permitting process the owner of the facility is required to submit a RCRA Hazardous Waste Part A Permit Application (EPA Form 8700-23). The submission of a revised application is required when modifying the hazardous waste permit.
A completed notification form for each site, located in NJ, NY, PR and USVI, should be mailed to:
U.S. Environmental Protection Agency - Region 2
DEPP-RPB
290 Broadway, 22nd Floor
New York, NY 10007-1866
Attn.: RCRA Notifications
The forms sent by regular mail are generally processed within two weeks. A written Acknowledgment of the Notification of Regulated Waste Activity form is sent within three weeks from the receipt date of the form. The forms sent to EPA by Express Mail Services are usually processed within 24 hours. The person is notified of the issued EPA ID Number by telephone.
There are two types of Identification Numbers being issued by EPA Region 2:
- A Permanent EPA Identification Number
A permanent number is issued for the person who generates hazardous waste. Also, it is issued in the event of a one time cleanup. A person can request to deactivate the number when operations are ceased or the hazardous waste had been disposed off from the one time cleanup. A deactivation request letter should be sent to your state environmental protection department, with a copy to EPA's office.The persons located in Puerto Rico or U.S. Virgin Islands should send a letter to:
U.S. Environmental Protection Agency - Region 2
Division of Environmental Planning and Protection
RCRA Programs Branch
290 Broadway, 22nd Floor
New York, NY 10007-1866
Attn.: RCRA NotificationsThe persons located in New Jersey should send a letter to:
New Jersey Department of Environmental Protection
Division of Solid & Hazardous Waste
Compliance and Enforcement
CN 421 Manifest Section
401 E. State Street
Trenton, New Jersey 08625-0421The persons located in New York State should send a letter to:
NYS Department of Environmental Conservation
DSHM, Hazardous Waste Manifest Section
625 Broadway, Floor 9
Albany, NY 12233-7252
- An Emergency (Provisional) EPA Identification Number
A provisional number is being issued in emergencies only, i.e.: hazardous waste spills, accidents, abandoned or unprotected waste, which causes threat to humans or the environment. To obtain an emergency number call (212) 637-4106.* You will be required to provide detailed information about the accident:- site of spill/accident
- responsible party
- mailing address
- description of incident,
- materials involved and quantity
- cleanup contractor
- transporter name and the EPA ID number,
- TSDF name and the EPA ID number
The emergency number will be given to you immediately. This number is good for 30 days only.
*Note: Before calling, check if the site already has an EPA ID number. If so, the existing number should be used for removing the waste.The above procedure is for obtaining an emergency EPA ID number. Other Federal and State reporting requirements may apply. For example:
For reporting spills and emergencies in New Jersey call the toll-free hotline -- 1-877-WARNDEP (1-877-927-6337). For more hotlines visit the New Jersey hotline WARDNDEP Web site. For information on site remediation program visit the NJDEP Bureau of Emergency Response Web site.
For reporting spills and emergencies in New York State call the toll-free hotline -- 1-800-457-7362. For more important phone numbers visit the NYSDEC Chemical and Petroleum Spills Web site.
For reporting spills and emergencies in Puerto Rico call Puerto Rico Environmental Quality Board (EQB) at 1-787-767-8181. When calling, ask for a specific program, such as Permit, Enforcement, Special Waste (Universal Waste), Used Oil, Medical Waste, Non-hazardous Solid Waste (i.e., Municipal Solid Waste.)
For additional sources to help with your questions and provide information on EPA and State regulations contact:
EPA Region 2 - RCRA Hazardous Waste Compliance -- 212- 637-4145
New Jersey Department of Environmental Protection (NJDEP) - NJDEP Division of Solid and Hazardous Waste:
--For general information, manifests, hazardous waste reporting call 609-292-7081. For more details visit NJDEP Solid and Hazardous Waste Regulation Web site.
-- For information on inspections, compliance and enforcement call 609-584-4250. For more details visit NJDEP Compliance & Enforcement - EZ Inspect Guide Web site.
-- For information on hazardous waste sites call 609-984-3081New York State Department of Environmental Conservation (NYSDEC):
-- For regulatory and technical guidance contact visit NYSDEC Waste Management Web site. For more details visit NYSDEC Hazardous Waste Guidance Web site.
-- For information on hazardous waste generators and household hazardous waste call toll-free --1-800-462-6553
-- For information on hazardous waste generation and management annual reporting (Large Quantity Generators and Treatment, Storage and Disposal Facilities) call toll-free -- 1-800-452-1925.
-- For technical assistance on Small Quantity Generators call-toll-free --1-800-462-6553.
Note: RCRA, Superfund, and EPCRA Call Center toll-free --1-800-424-9346, is no longer providing support for RCRA (Resource Conservation and Recovery Act) program as of March 31, 2005. For RCRA information, please try RCRA FAQs Database. This database enables users to search frequently asked questions or submit their own question or comment on a variety of RCRA issues and topics.
Other Regulatory and Technical Assistance Information Related Links
EPA Web Site for RCRA Regulations - Laws and Regulations
EPA Small Business Ombudsman Office -- 1-800-368-5888 - Ombudsman Update NewslettersLittle Known But Allowable Ways to Deal with Hazardous Waste (PDF) (64 pp, 599K)
Hazardous Waste Requirements for Large Quantity Generators [PDF 396.6 KB, 4 pp]
Fluorescent Lamp Disposal and Recycling in EPA Region 2 - A guide for businesses in NJ, NY, PR and VI (April 2007). [PDF 328.42 KB, 4 pp]
Regulation of Fluorescent Lamps in New York and New Jersey
Regulation of Medical Waste in New York and New Jersey
National Compliance Assistance Centers Web site
Other Points of Interest
EPA Office of Solid Waste and Emergency Response
EPA Waste
Issues for Industry
Issues for State/Tribal
Issues for Concerned Citizens