Resource Conservation and Recovery Act

Resource Conservation and Recovery Act
Great Seal of the United States
Other short titles Resource Conservation and Recovery Act of 1976
Long title An Act to provide technical and financial assistance for the development of management plans and facilities for the recovery of energy and other resources from discarded materials and for the safe disposal of discarded materials, and to regulate the management of hazardous waste.
Acronyms (colloquial) RCRA
Nicknames Solid Waste Utilization Act
Enacted by the 94th United States Congress
Effective October 21, 1976
Citations
Public law 94-580
Statutes at Large 90 Stat. 2795
Codification
Titles amended 42 U.S.C.: Public Health and Social Welfare
U.S.C. sections created 42 U.S.C. ch. 82 § 6901 et seq.
Legislative history

The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste.[1]

History and goals

Congress enacted RCRA to address the increasing problems the nation faced from its growing volume of municipal and industrial waste. RCRA amended the Solid Waste Disposal Act of 1965. It set national goals for:

It is now most widely known for the regulations promulgated under RCRA that set standards for the treatment, storage and disposal of hazardous waste in the United States.

Implementation

The U.S. Environmental Protection Agency (EPA) has published waste management regulations, which are codified in Title 40 of the Code of Federal Regulations at parts 239 through 282.[3] Regulations regarding management of hazardous waste begin in part 260.[4] As noted below, most states have enacted laws and created regulations that are at least as stringent as the federal regulations. Furthermore, the RCRA statute authorizes states to carry out many of the functions of the federal law through their own hazardous waste programs (as well as their state laws) if such programs have been approved by the EPA.

Provisions

Subtitle A: General Provisions

Subtitle B: Office of Solid Waste; Authorities of the Administrator

Subtitle C: "Cradle to Grave" requirements

Arguably the most notable provisions of the RCRA statute are included in Subtitle C, which directs EPA to establish controls on the management of hazardous wastes from their point of generation, through their transportation and treatment, storage and/or disposal. Because RCRA requires controls on hazardous waste generators (i.e., sites that generate hazardous waste), transporters, and treatment, storage and disposal facilities (i.e., facilities that ultimately treat/dispose of or recycle the hazardous waste), the overall regulatory framework has become known as the "cradle to grave" system. The program imposes stringent recordkeeping and reporting requirements on generators, transporters, and operators of treatment, storage and disposal facilities handling hazardous waste.

Subtitle D: Non-hazardous Solid Wastes

Non-hazardous solid wastes include certain hazardous wastes which are exempted from the Subtitle C regulations, such as hazardous wastes from households and from conditionally exempt small quantity generators. Oil and gas exploration and production wastes, such as drill cuttings, produced water, and drilling fluids are categorized as "special wastes" and are also exempt from Subtitle C.[1][5] Subtitle D also includes garbage (e.g., food containers, coffee grounds), non-recycled household appliances, residue from incinerated automobile tires, refuse such as metal scrap, construction materials, and sludge from industrial and municipal waste water facilities and drinking water treatment plants.

Subtitle E: Department of Commerce responsibilities

Subtitle F: Federal responsibilities

Subtitle G: Miscellaneous provisions

Subtitle H: Research, Development, Demonstration and Information

Subtitle I: Underground Storage Tanks

Background

The operation of underground storage tanks (USTs) became subject to the RCRA regulatory program with enactment of the Hazardous and Solid Waste Amendments of 1984 (HSWA).[6] At that time there were about 2.1 million tanks subject to federal regulation, and the EPA program led to closure and removal of most substandard tanks.[7] As of 2009 there were approximately 600,000 active USTs at 223,000 sites subject to federal regulation.[8]

Regulatory requirements

The federal UST regulations cover tanks storing petroleum or listed hazardous substances, and define the types of tanks permitted. EPA established a tank notification system to track UST status. UST regulatory programs are principally administered by state and U.S. territorial agencies.[9]

The regulations set standards for:

The Superfund Amendments and Reauthorization Act of 1986 (SARA) required owners and operators of USTs to ensure corrective action is completed when a tank is in need of repair, or removal, when it is necessary to protect human health and the environment.[10] It is also recommended that above-ground storage tanks are used whenever possible.[11][12]

Subtitle J: Medical Waste (expired)

RCRA Subtitle J regulated medical waste in four states (New York, New Jersey, Connecticut, Rhode Island) and Puerto Rico, and expired on March 22, 1991. (See Medical Waste Tracking Act.)[13] If determined to be hazardous, medical waste is currently regulated by RCRA Subtitle C for hazardous wastes.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as "Superfund," was enacted in 1980 to address the problem of remediating abandoned hazardous waste sites, by establishing legal liability, as well as a trust fund for cleanup activities.[14] In general CERCLA applies to contaminated sites, while RCRA's focus is on controlling the ongoing generation and management of particular waste streams. RCRA, like CERCLA, has provisions to require cleanup of contaminated sites that occurred in the past.

In 1984 Congress expanded the scope of RCRA with the enactment of Hazardous and Solid Waste Amendments (HSWA).[6] The amendments strengthened the law by covering small quantity generators of hazardous waste and establishing requirements for hazardous waste incinerators, and the closing of substandard landfills.[2]

In 1986, SARA addressed cleanup of leaking USTs and other leaking waste storage facilities.[10] The amendments established a trust fund to pay for the cleanup of leaking UST sites where responsible parties cannot be identified.[15]

The Land Disposal Program Flexibility Act of 1996 allowed some flexibility in the procedures for land disposal of certain wastes. For example, a waste is not subject to land disposal restrictions if it is sent to an industrial wastewater treatment facility, a municipal sewage treatment plant, or is treated in a "zero discharge" facility.[16]

The bill Reducing Excessive Deadline Obligations Act of 2013 (H.R. 2279; 113th Congress), which made it to the House floor in January 2014, would amend this law "to remove a requirement that the Administrator of the United States Environmental Protection Agency (EPA) review and revise regulations declared under such Act at least every three years."[17]

Treatment, storage, and disposal facility permits

Treatment, storage, and disposal facilities (TSDFs) manage hazardous waste under RCRA Subtitle C and generally must have a permit in order to operate. While most facilities have RCRA permits, some continue to operate under what is called "interim status." Interim status requirements appear in 40 CFR Part 265.[18]

The permitting requirements for TSDFs appear in 40 CFR Parts 264 and 270.[19] TSDFs manage (treat, store, or dispose) hazardous waste in units that may include: container storage areas, tanks, surface impoundments, waste piles, land treatment units, landfills, incinerators, containment buildings, and/or drip pads. The unit-specific permitting and operational requirements are described in further detail in 40 CFR Part 264, Subparts J through DD.

See also

References

  1. 1 2 Resource Conservation and Recovery Act, P.L. 94-580, 90 Stat. 2795, 42 U.S.C. § 6901 et seq., October 21, 1976. RCRA Full text.
  2. 1 2 EPA (2010). "History of RCRA."
  3. ↑ EPA (2011). "Non-hazardous Waste Regulations."
  4. ↑ EPA (2011). "Hazardous Waste Regulations."
  5. ↑ "Exemption of Oil and Gas Exploration and Production Wastes from Federal Hazardous Waste Regulations" (PDF). Environmental Protection Agency Office of Solid Waste (5305W).
  6. 1 2 Hazardous and Solid Wastes Amendments of 1984, P.L. 98-616, 98 Stat. 3224, November 8, 1984.
  7. ↑ EPA (2011). "Overview Of The Federal UST Program."
  8. ↑ U.S. Environmental Protection Agency (EPA). Washington, D.C. (2010). "FY 2009 Annual Report On The Underground Storage Tank Program." Document no. EPA-510-R-10-001.
  9. ↑ EPA (2009). "Basic information about the Underground Storage Tank Program."
  10. 1 2 Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, 100 Stat. 1696. October 17, 1986.
  11. ↑ Supervisors' Safety Manual (9th ed.). Itasca, IL: National Safety Council. 1997. ISBN 978-0-87912-197-6.
  12. ↑ "Chemicals Stored in USTs: Characteristics and Leak Detection". Washington, DC: United States Environmental Protection Agency, Risk Reduction Engineering Laboratory. 1991.
  13. ↑ EPA (2010). "Medical Waste Tracking Act of 1988." 2010-01-20.
  14. ↑ Comprehensive Environmental Response, Compensation, and Liability Act of 1980, P.L. 96-510, 94 Stat. 2767, 42 U.S.C. § 9601 et seq., December 11, 1980.
  15. ↑ EPA (2011). "Leaking Underground Storage Tank Trust Fund."
  16. ↑ Land Disposal Program Flexibility Act of 1996, P.L. 104-119, 110 Stat. 830, 42 U.S.C. § 6924. March 26, 1996.
  17. ↑ "H.R. 2279 - Summary". United States Congress. Retrieved 7 January 2014.
  18. ↑ EPA. "Part 265 – Interim Status Standards For Owners And Operators Of Hazardous Waste Treatment, Storage, And Disposal Facilities." 40 C.F.R. 265.
  19. ↑ EPA. "Part 264 – Standards For Owners And Operators Of Hazardous Waste Treatment, Storage, And Disposal Facilities." 40 C.F.R. 264.
    "Part 270 – EPA Administered Permit Programs: The Hazardous Waste Permit Program ." 40 C.F.R. 270.
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