The
Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal
Federal lawFederal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
in the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
governing the disposal of solid waste and
hazardous wasteA hazardous waste is waste that poses substantial or potential threats to public health or the environment and generally exhibits one or more of these characteristics:* carcinogenic*ignitable *oxidant*corrosive*toxic*radioactive...
.
CongressThe United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....
enacted RCRA to address the increasing problems the nation faced from its growing volume of municipal and industrial waste. RCRA, which amended the Solid Waste Disposal Act of 1965, set national goals for:
- Protecting human health and the environment from the potential hazards of waste disposal.
- Conserving energy and natural resources.
- Reducing the amount of waste generated.
- Ensuring that wastes are managed in an environmentally-sound manner.
EPA waste management regulations are codified at
40 C.F.R.Title 40 is a part of the United States Code of Federal Regulations. Title 40 arranges mainly environmental regulations that were promulgated by the US Environmental Protection Agency , based on the provisions of United States laws...
pts.
The
Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal
Federal lawFederal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
in the
United StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
governing the disposal of solid waste and
hazardous wasteA hazardous waste is waste that poses substantial or potential threats to public health or the environment and generally exhibits one or more of these characteristics:* carcinogenic*ignitable *oxidant*corrosive*toxic*radioactive...
.
History and Goals
CongressThe United States Congress is the bicameral legislature of the federal government of the United States of America, consisting of two houses, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election....
enacted RCRA to address the increasing problems the nation faced from its growing volume of municipal and industrial waste. RCRA, which amended the Solid Waste Disposal Act of 1965, set national goals for:
- Protecting human health and the environment from the potential hazards of waste disposal.
- Conserving energy and natural resources.
- Reducing the amount of waste generated.
- Ensuring that wastes are managed in an environmentally-sound manner.
Implementation
EPA waste management regulations are codified at
40 C.F.R.Title 40 is a part of the United States Code of Federal Regulations. Title 40 arranges mainly environmental regulations that were promulgated by the US Environmental Protection Agency , based on the provisions of United States laws...
pts. 239-282. Regulations regarding management of hazardous waste begins at 40 C.F.R. pt. 260. As noted below, most states have enacted laws and promulgated regulations that are at least as stringent as the federal regulations. Furthermore, the statute authorizes states to carry out many of the functions of RCRA through their own hazardous waste programs (and state laws), if such programs have been approved (authorized) by the EPA.
Subtitle C: "Cradle to Grave" requirements
While RCRA handles many regulatory functions of hazardous and non-hazardous waste, arguably its most notable provisions regard the Subtitle C program which tracks the progress of hazardous wastes from their point of generation, their transport, and their treatment and/or disposal. Due to the extensive tracking elements at all points of the life of the hazardous waste, the overall process has become known as the "cradle to grave" system. The program exacts stringent bookkeeping and reporting requirements on generators, transporters, and operators of treatment, storage and disposal facilities handling hazardous waste.
Amendments and related legislation
In 1984 Congress expanded the law with the Hazardous and Solid Wastes Amendments of 1984. The amendments strengthened the law by covering small quantity generators of hazardous waste and establishing requirements for hazardous waste
incineratorsIncineration is a waste treatment technology that involves the combustion of organic materials and/or substances. Incineration and other high temperature waste treatment systems are described as "thermal treatment". Incineration of waste materials converts the waste into incinerator bottom ash,...
, and the closing of substandard landfills. In 1986, the law was expanded further to regulate
underground storage tankAn Underground Storage Tank , in United States environmental law, is a tank and any underground piping connected to the tank that has at least 10 percent of its combined volume underground.-Tank types:...
s and other leaking waste storage facilities.
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 liabilityLegal liability is the legal bound obligation to pay debts.* In law a person is said to be legal liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
, as well as a trust fund for cleanup activities. 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.
Treatment, storage and disposal facility permits
Treatment, storage, and disposal facilities (TSDFs) manage hazardous wastes 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.
The permitting requirements for TSDFs appear in 40 CFR Parts 264 and 270. TSDFs manage (treat, store, or dispose) hazardous wastes 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.
Whistleblower protection
RCRA contains a provision for
whistleblowerA whistleblower is a person who alleges concealed misconduct on the part of an organization or body of people, usually from within that same organization. This misconduct may be classified in many ways; for example, a violation of a law, rule, regulation and/or a direct threat to public interest,...
protection. Employees in the US who believe they were fired or suffered another adverse action related to enforcement of this law have 30 days to file a written complaint with the
Occupational Safety and Health AdministrationThe United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
.
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