530SW85035 ~
United States Office of Soild Waste October 1985
Environmental Protection and Emergency Response
Agency Washington DC 20460
%P,EPA The New RCRA
A Fact Book
ENVIRONMENTAL
PROTECTION
AGENCY
(DALLAS, TEXAS
-------
The New RCRA
The Historical
Perspective
An Introduction by Lee M. Thomas
Administrator, EPA
EPA administers two major waste management
statutes—the Comprehensive Environmental
Response. Compensation and Liability Act
(CERCLA). or Superfund, designed to clean up
the Nation's worst abandoned hazardous waste
dumps, and the Resource Conservation and
Recovery Act (RCRA). which regulates current
and planned hazardous waste disposal activities.
RCRA was greatly expanded by Congress in
1984. and both the agency and the states; face a
huge challenge in implementing the new
provisions of the law. Success will depend upon
the close cooperation of federal, state and local
governments, industry, public interest groups
and private citizens. This fact book places the
new RCRA in historical perspective, summarizes
the main provisions of the recent amendments.
describes the responsibilities of those who
generate, transport, treat, recycle and dispose of
regulated wastes, and outlines EPA's new
hazardous waste responsibilites.
We will provide additional documentation as
the program develops.
Contents
I. Administrator's Introduction i
II. The Historical Perspective i
III. Overview of 1984 Amendments 1
IV. Key Programs 1
Land disposal 1
Small quantity generators (SQGs) 2
Underground storage tanks (UST) 3
Permitting 4
Enforcement provisions 6
State programs and agencies 7
V. The 1984 Amendments in Detail 11
When population centers were
relatively compact and
produced manageable
volumes of conventional
waste, the disposal of such
material was not a major
issue in urban or
environmental affairs. In
recent decades, however, the
tonnage and chemical
complexity of the nation's
waste has grown
dramatically, posing a threat
to air. water and land
resources, to the balance of
nature and even to human
health. Congress recognized
the problem in 1965. and
passed the Solid Waste
Disposal Act to fund research
and technical assistance for
state and local planners.
In 1970. the original
legislation was enlarged and
restructured in the form of
the Resource Recovery Act.
which promoted the adoption
of sanitary landfills and
encouraged a shift from mere
disposal toward conservation.
recycling and advanced
control technology. A
cabinet-level interagency
resource conservation
committee was set up and
EPA funded six major
resource-recovery projects at a
cost of some S25 million.
During the mid to late 70s
EPA invested about S10
million in direct technical
assistance to a host of cities
for experiments like separate
collection of newsprint.
computerized routing and
scheduling, and new
management systems.
Between 1979 and 1981. EPA
allocated S28 million to 63
communities to help them
plan the development of
large-scale resource-recover}7
facilities.
Up to this point legislation
had focused mainly on the
traditional kinds of municipal
trash—paper, glass, cans.
garbage. However, mounting
scientific evidence indicated
that wastes generated by
chemical and other industrial
processes could be
hazardous. That persuaded
Congress first to strengthen
existing regulations and then,
in 1976. to pass the Resource
Conservation and Recovery
Act (RCRA), which amended
the Solid Waste Disposal Act.
Under RCRA, EPA set
standards for generators and
transporters of hazardous
waste and for owners and
operators of hazardous waste
treatment, storage and
disposal facilities. This
cradle-to-grave system has
identified 52.864 waste
generators. 12.000
transporters and about 5,000
treatment, storage and
disposal facilities, and has
brought a greater degree of
order to the management of
large-scale wastes. *
Congress reauthorized
RCRA late in 1984. imposing
new and far-reaching
requirements on a vastly
larger regulated community.
notably the 175,000
enterprises that generate
small amounts (between
and 2.200 pounds) of waste
per month and those that
own or operate a million
underground storage tanks.
Controls for land disposal will
be tightened, while certain
wastes will be banned from
landfills altogether. Burners
and blenders of fuels derived
from hazardous waste will be
subject to EPA regulation.
•The Agency estimates, based on
1981 data, that some 264 million
metric tons of hazardous waste
are being generated annually in
this country. The combined total
of all forms of solid waste.
hazardous and otherwise.
amounts to almost six billion
tons per year.
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Overview of 1984
Amendments
Proqrams
The new RCRA represents a
clear shift in national policy
away from land disposal and
toward waste reduction,
recycling and new treatments
for flammable, reactive,
corrosive and toxic wastes
that now threaten air quality
and vital surface and
groundwater resources. The
amended RCRA embraces
more than 70 new provisions
and 58 action deadlines. For
example. EPA is now required
to establish a program to
control underground tanks
containing petroleum and
other designated hazardous
substances.
The agency must issue
regulations by February 1987
for petroleum tanks, August
1987 for new tanks
containing chemical products
listed as hazardous under the
Superfund, and August 1988
for existing tanks containing
such Superfund chemicals.
Installation of certain
underground tanks is
prohibited. The Underground
Storage Tank (UST) program
may require us to inspect and
regulate a million tanks
nationwide. New statutory
controls may be imposed on
as many as 100,000 new
tanks installed each year.
The new RCRA bans the
land disposal of hazardous
wastes unless EPA finds they
will not endanger human
health and the environment.
Landfilling of bulk or
non-containerized liquids is
now prohibited. By February
1986 EPA must promulgate
regulations to minimize the
landfilling of containerized
liquid hazardous waste.
No bulk liquids may be
disposed of in salt domes.
Using oil contaminated with
hazardous waste as a dust
suppressant and injection of
hazardous wastes into or
above an underground source
of drinking water are both
outlawed.
The new Act further
requires those who produce,
burn, distribute or market
fuel derived from hazardous
wastes to notify EPA of their
operations. EPA must then
issue record-keeping
requirements and technical
standards.
In addition, anyone who
wants to operate a waste
management facility must
meet minimum technological
requirements, including
double liners,
leachate-collection systems
and extensive ground-water
monitoring. Facility owners
and operators are required by
the new law to take corrective
action if any part of a RCRA
facility not on a permanent
control plan suffers an
uncontrolled release. Such
action can now be
accomplished through new
permit requirements or legal
remedies.
The amendments also
strengthen federal controls
over the disposal of
non-hazardous municipal
wastes: federal enforcement
authority can be applied in
cases where States do not
mandate a permit program
for municipal landfills.
Finally, RCRA strengthens
federal enforcement by
expanding criminal offenses
and raising maximum
penalties. Any citizen can file
an "imminent hazard"
lawsuit, and EPA is
authorized to issue an
administrative order to
correct any release of
hazardous waste from a
facility that is or was subject
to temporary permit
requirements.
One of the purposes of the
1984 RCRA amendments is
protection of precious
groundwater supplies from
contamination by seepage
from the land surface. Major
parts of regulations governing
small quantity generators
(SQGs) and underground
storage tanks are designed to
prevent such damage to
aquifers. The law is also
intended to control air
pollution resulting from
combustion of hazardous
waste mixed with various
fuels and the evaporation of
volatile organic materials
from landfills and storage
depots. The following sections
explain the main features of
the new RCRA.
Land Disposa!
Congress intended to
discourage land disposal of
hazardous waste because of
long-term uncertainties about
its persistence, toxicity,
mobility and accumulation in
plants, animals and human
tissue. Certain materials will
be banned unless they receive
specific EPA approval. Land
disposal can be nernutted if
the waste meets pretreatment
levels or standards
The land d'sposal program
features tight deadlines and
"hammers" —automatic bans
if EPA fails to meet them.
• Dioxin-containmg waste
and spent or discarded
solvents are banned as of
November 6, 1986.
• Wastes listed as hazardous
by the State of California,
including liquid hazardous
wastes containing certain
metals, free cyanides up to
1,000 mihgrams per liter,
PCBs up to 50 mihgrams per
liter and acids with a pH
rating lower than 2.0 are
banned after July 8, 1987.
• Liquid hazardous wastes
containing arsenic up to 500
miligrams per liter, cadmium
up to 100 miligrams per liter,
chromium VI up to 500
miligrams per liter, lead up to
500 miligrams per liter,
mercury up to 20 miligrams
per liter, nickel up to 134
miligrams per liter, selenium
up to 100 miligrams per liter
and thallium up to 130
miligrams per liter are
banned as of July 8, 1987.
• Liquid or solid hazardous
waste containing halogenated
organic compounds up to
1000 miligrams per liter are
banned as of July 8, 1987.
« Contaminated soil and
debris from CERCLA
response or corrective action
under RCRA are exempted
until November 1988 and
waste injected into deep wells
until August 8. 1988.
* The deadline for
promulgation of EPA waste
review schedule is November
8, 1986.
« EPA must review at least
one-third of wastes by August
8, 1988, at least two-thirds of
wastes by June 8. 1989. and
all ranked waste and all
"characteristic" waste by May
8. 1990.
These bchedules are based
on the toxicity and volume of
waste disposed on land The
most hazardous are to be
examined first. A new
leaching test will determine if
hazardous waste constituents
exceed allowable health
thresholds.
If no available treatment
methods can safeguard public
health, performance
standards will be imposed
where possible, based on best
demonstrably achievable
technology. Effective dates of
land-disposal bans can be
extended by petition for two
one-year periods on a case-by-
case basis if alternative
disposal capacity is not
available. However, petitions
must demonstrate a
reasonable certainty that
fhere will be no migration of
constituents as long as
wastes remain hazardous.
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Small Quantity
Generators
(SQGs)
Previously, EPA only
regulated establishments
generating more than 1,000
kilograms (2,200 pounds) of
hazardous waste per month.
Under the new law, those that
generate 100 kilograms (220
pounds, or roughly half a
55-gallon drum) but less than
1,000 kilograms per month
will have to comply with rules
covering transportation and
disposal of wastes hazardous
to human health and the
environment.
The agency estimates that
the new RCRA will increase
the number of
federally-regulated waste
generators from about 15,000
to about 175,000. An EPA
survey released in March
States Regulating Small Quantity Generators
As Of February 1984
New Jersey
aryland
South Carolina
*No exemption for small quantity generators regardless of quantity
Who They Are...
Other Non-Manufacturing 13%
Construction 3%
Vehicle Maintenance 70%
Metal Manufacturing 9%
ther Manufacturing 5%
The Wastes They Produce...
Photographic Wastes 3%
Other 7% I Ignitable Wastes 2%
Acids and Alkalies 6% ^-rLJLs ^ <»<»ning Residues 2%
Solvents 18%
1985 suggested that 85% of
SQGs are in vehicle
maintenance, equipment
repair, construction,
printing, photography,
laboratories, schools,
laundries, dry cleaners and
pesticide applicators. Most of
the remainder are in
manufacturing or finishing of
metals.
The new requirements will
have their greatest impact on
firms in the 28 states that do
not currently impose some
regulation on SQGs.
Starting August 5, 1985,
SQGs shipping hazardous
waste off premises must, like
large-volume generators,
attach a manifest required by
EPA and the Department of
Transportation (DOT)
including generator's name,
address and signature; DOT
waste nomenclature and
classification; number and
type of containers; weights
and quantities being
transported and name and
address of consignee. The
manifest will help prevent
confusion and illegal
dumping by permitting EPA
and the states to track
shipments from origin to
final disposal.
By March 31, 1986, EPA
must issue final regulations
protecting human health and
environment from small
quantities of hazardous
waste. At a minimum, the
regulations, now in process,
must:
• require that hazardous
waste from generators of
more than 100 kilograms per
month be treated, stored or
disposed of at an approved
hazardous waste facility.
• allow small quantity
generators to store waste on
premises up to 180 days
without a storage permit, or
270 days for waste to be
transported more than 200
miles, provided that no more
than 6,000 kilograms are
stored.
If EPA fails to issue final!
regulations by March 31,
1986, hazardous waste from
SQGs automatically becomes
subject to these minimum
requirements. In addition, for
waste shipped off-site, SQGs
will be required to include the
name of the transporter on
the manifest, retain
manifests signed and
returned by the hazardous
waste facility for at least three
years, and notify EPA at least
twice per year of any
manifests not returned, so
the agency can follow up for
possible violations.
Because the new provisions
regulate a large number of
generators for the first time,
EPA is conducting a
comprehensive education/
assistance program to alert
SQGs to their responsibilities
under the law. For provisions
that must be implemented by
August 1985 EPA will:
• identify potential SQGs
• provide information ^
through EPA regional officesfl
state and local governments, ~
trade associations and other
groups to help SQGs
determine if they are subject
to the regulations. We will
identify wastes by trade,
chemical and colloquial
names, and will correlate the
waste with DOT identification
numbers wherever possible.
• inform SQGs of the need to
prepare a Uniform Hazardous
Waste Manifest to accompany
any materials they ship, and
explain how and where to
obtain forms.
For the final regulations, to
be issued or take effect
automatically by April 1,
1986, EPA will:
• alert SQGs to the new
regulations plus additional
requirements and
• provide them with complete
instructions and
industry-specific information
to help them comply.
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Underground
Storage Tanks
(UST)
One of the most far-reaching
of the new RCRA provisions
deals with an estimated
one million underground
storage tanks in the United
States containing hazardous
substances or petroleum
products.
The Underground Storage
Tank program breaks new
ground in that, for the first
time. RCRA applies to storage
of useful materials as well as
wastes. Under a new Subtitle
I, RCRA now regulates
underground tank storage of
all petroleum products
(including gasoline and crude
oil) and any substance
defined as hazardous under
the Comprehensive
Environmental Response,
Compensation, and Liability
ct of 1980 (the Superfund
?aw), which authorizes
cleanup of abandoned or
uncontrolled hazardous waste
sites. "Underground storage
tank" is defined as any tank
with at least 10 percent of its
volume buried below ground,
including any pipes attached.
Thus, overground tanks with
extensive underground piping
may now be regulated.
EPA's UST program does
nof apply to:
• tanks holding a hazardous
waste regulated under the
RCRA hazardous waste
program (Subtitle C)
• farm and residential tanks
holding less than 1.100
gallons of motor fuel
• on-site heating oil tanks
• septic tanks
• pipelines regulated under
other laws
• systems for collecting
rm and wastewater
low-through process tanks
• liquid traps or gathering
lines related to oil and
natural gas operations.
The UST program bans the
installation of corrodible
tanks, initiates a tank
notification program, sets
technical standards for all
tanks, coordinates federal
and state efforts and provides
federal inspection and
enforcement.
A provision banning
underground installation of
unprotected new tanks went
into effect on May 7, 1985.
After that date no person may
install an underground
storage tank unless:
• it will prevent release of the
stored substance due to
corrosion of structural failure
for the life of the tank.
• it is protected against
corrosion, constructed of
noncorrosive material, or
designed to prevent release of
the stored substance.
• construction or lining
materials are electrolytically
compatible with the
substance to be stored.
The new law provides a
state and local notification
program that applies to
several million tanks
owners—to distributors of
regulated substances and
owners of tanks taken out of
operation within the past 10
years but still in the
ground—as well as owners of
operational tanks.
• by May 1985 state
governors must have
designated the state or local
agency that will receive the
notifications.
• by November 1985 EPA
must prescribe the form of
the notice.
• by May 1986 owners of
existing underground storage
tanks must notify the state or
local agency of each tank's
age, size, type, location and
uses.
• by May 1986 owners of
undergound storage tanks
taken out of operation after
January 1, 1974, but still in
the ground, must notify the
state or local agency of each
tank's age, decommission
date, size, type, location and
type and quantity of
substance left in the tank.
• after May 19R6 owners of
newly installed underground
storage tanks must notify the
state or local agency of
certain operational data
within 30 days of start-up.
• within 30 days of the date
on which EPA prescribes the
notification form (and for 18
months thereafter), any
person who deposits
regulated substances in an
underground storage tank
must inform its owner of the
requirement to notify the
state or local agency,
• within 30 days of the date
on which EPA prescribes the
notification form, sellers of
tanks must notify purchasers
of the need to notify the state
or local agency.
Under new RCRA
provisions, EPA must develop
and promulgate periormance
standards for new tanks, as
well as standards covering
leak detection, leak
prevention and corrective
action for both new and
existing underground storage
tanks on the following
schedule:
The law specifies that leak
detection/prevention and
corrective action regulations
must require
owners/operators of
underground storage tanks
to:
• be able to detect releases
• keep records of
release-detection methods
• take corrective action when
leaks occur
• report leaks and corrective
action
• provide for proper tank
closure
• provide evidence, as EPA
deems necessary, of financial
capability to take corrective
action and compensate third
parties for injury or damages
from instant or continuous
releases. States may finance
corrective action and
compensation programs by a
fee levied on owners and
operators
Several states already have
or are developing regulatory
programs for underground
storage tanks. The new law is
designed to avoid interfering
with those programs and to
encourage other states to
press ahead on their own. By
May 1987 states may apply to
EPA for authorization to
operate an Underground
Storage Tank program. It may
cover petroleum tanks or
hazardous substance tanks or
both. State programs must
include all the regulatory
elements of the federal
program and provide for
petroleum
hazardous
chemicals
standards for new tanks
regulation of leak
detection/prevention and
corrective action
study/report to Congress
February 1987 August 1987
February 1987 August 1988
November
1985
November
1987
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adequate enforcement. After a
one to three-year grace
period, state requirements
must be no less stringent
than the federal.
Federal and state personnel
are authorized to request
pertinent information from
tank owners, inspect and
sample tanks, and monitor
and test tanks and
surrounding soils, air,
surface water and
groundwater. EPA may issue
compliance orders for any
violation of this statute or
regulations. Offenders are
subject to civil penalties of up
to 810,000 per tank for each
day of violation. Criminal
penalties are not authorized.
Permitting
The new Amendments apply
immediately to facilities in all
states, whether or not the
state is authorized to
administer its own hazardous
waste program. If a facility is
located in an authorized
state, the latter will continue
to be responsible for that
portion of the RCRA program
for which it is already
authorized. EPA will be
respori sible for aspects of the
program initiated by 1984
Amendments. So for the time
being RCRA permits will need
to be issued jointly by states
and EPA.
All Treatment, Storage and
Disposal Facilities. To receive
a final permit for approved
operation all facilities will
need to take corrective action
for releases of hazardous
waste or hazardous waste
consitutents from any solid
waste management unit on
the property, regardless of
when the waste was placed in
the unit or whether the unit
is closed. If corrective action
cannot be completed before a
permit is received. EPA may
put a compliance schedule
into the permit to allow
development of data to
determine corrective action or
to complete it. Owners and
operators must provide
financial assurance that they
can complete corrective
action.
New authority allows EPA
to add whatever conditions to
permits are necessary to
protect human health and the
environment. After September
1, 1985 a generator with an
on-site facility must certify
annually a reduction in
volume and toxicity of waste
to the maximum degree
economically practicable, and
that management methods
minimize risk to the extent
technically practicable.
All Land-Disposal Units. A
waiver from groundwater
monitoring requirements is
no longer permissible for
units located above the
seasonal high-water table, 01
for units where owners and
operators have installed two
liners and a leachate
collection system or inspect
liners.
An application for interim
status operation and
certification of compliance
with groundwater monltorin
and financial assurance
requirements must be
submitted by November 8,
1985, to avoid loss of such
status.
Land-disposal permits mus
be reviewed every five years
and modified as needed. Any
such modification must
consider improvements in th
state of control and
measurement technology am
regulations that then apply t
the facility.
Large Quantity Generators, Transporters and Treatment
Storage and Disposal Facilities (TSDs) as of July 31,1985
EPA Region Generators Transporters
TSC
1
2
3
4
5
6
7
8
9
10
Totals
4,358
11.453
4,737
6,280
10.937
4,536
1,836
659
5,931
2,137
52,864
557
1.559
1.177
1.542
2,909
1,258
481
313
1.848
699
12,343
For further information
contact: Jeff Tumarkin at
382-4753
37f
37<
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56:
1.31.
69*
27<
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44E
12i
4,9ft
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Landfill and Surface
Impoundment Exposure
Information. After August 8,
1985, each application for
interim-status operation
must be accompanied by
exposure information, which
must address potential
hazardous waste releases in
the course of transportation
to or from the waste disposal
unit, normal operations and
accidents, and potential
pathways, magnitude and
nature of human exposure to
such releases. If an
application for interim-status
operation has already been
submitted, exposure
information must be
transmitted by August 8.
1985.
EPA will determine whether
a facility poses a substantial
health risk due to releases of
hazardous constituents. If so
EPA will make information
available to the Agency for
Toxic Substances and Disease
^Registry (ATSDR) in the
Centers for Disease Control,
which will undertake a health
assessment.
New and Expanded Landfills
and Surface Impoundments.
Permits will require
groundwater monitoring and
installation of two or more
liners with leachate collection
above or between liners, as
appropriate. Surface
impoundments and landfills
outside of Alabama can
obtain a waiver from the
double-liner requirement if
alternative design and
operating practices, along
with location characteristics,
are shown to be at least as
effective in preventing
migration of hazardous
constituents to aquifers.
Facility owner/operators can
also obtain a waiver from the
double-liner and leachate
collection requirements for
certain monofills and foundry
wastes. Landfills or surface
impoundments that have
received approval for
interim-status operation and
that receive waste into new
units and/or lateral
expansions or replacements
of existing units after May 8,
1984, must meet the
double-liner and leachate-
collection requirements and
waiver conditions.
If liner and leachate
collection systems are
installed in good faith
compliance with EPA
regulations or guidance
documents, a different system
may not be required when a
facility receives its first
permit, unless EPA has
reason to believe the liner is
perforated.
If an owner or operator
intends to receive waste into
new interim-status units on
or after May 8, 1985. he must
notify EPA at least 60 days
before receiving waste. He
must submit his Part B
permit application within six
months of this notification.
Landfills Only. As of May 8,
1985, a facility owner or
operator will not be able to
dispose of bulk or
noncontainerized liquid
hazardous waste or free
liquids contained in
hazardous waste (regardless
of whether absorbents have
been added) in a landfill.
After November 8, 1985, he
will not be able to dispose of
any non-hazardous liquid
wastes in his landfill. A
waiver of this prohibition
may be obtained under
certain conditions.
Existing Surface
Impoundments Only. If an
interim-status surface
impoundment was in
existence on November 8.
1984, two or more liners with
leachate collection between
the liners must be installed
and groundwater must be
monitored by November 8,
1988. Permits issued to
surface impoundments will
require retrofitting within
four years, unless the
owner/operator applies for
and receives a waiver, which
is available for units that
meet certain criteria.
Waste Piles Only.
Interim-status waste piles
that receive waste into new
units or lateral expansions or
replacements of existing units
on or aiier May 8. 1985 must
meet current Fart 264
standards for liners and
leachate collection systems.
Miscellany. Additional
provisions that will impact
selected facilities (e.g.,
prohibitions on placing some
hazardous waste in salt
domes, underground mines
or caves until the facility
receives a permit) are not
outlined in this section
because they are germane
only to small segments of the
regulated community.
Moreover this section does
not treat provisions that
become effective more than
one year after enactment of
the RCRA amendments.
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Enforcement
Provisions
EPA already had considerable
compliance authority prior to
the enactment of the
Hazardous and Solid Waste
Amendments of 1984. The
agency could require
information, obtain access for
inspections and conduct
monitoring. In addition,
violators were subject to
compliance orders, penalties
and criminal fines and
imprisonment. Finally, the
Administrator could bring an
action whenever the
handling, treatment,
transportation or disposal of
a solid or hazardous waste
threatened an imminent and
substantial endangerment of
public health or the
environment. The
Amendments enlarged most
of these authorities,
including corrective action.
The Amendments require
periodic inspection of
facilities. Beginning 12
months after the date of
enactment, and no less than
every two years thereafter,
EPA or authorized States
must inspect all treatment,
storage and disposal facilities
for which a permit is
required. EPA must annually
inspect every treatment,
storage or disposal facility
operated by a State or
municipality. EPA must and a
State may inspect all
treatment, storage or disposal
facilities owned or operated
by a federal agency annually
starting 12 months from the
date of enactment, No waivers
or variances are permitted.
Within six months of the datf
of enactment, EPA had to
submit a report to Congress
on the potential for private
inspectors to support
government inspection
efforts.
As discussed elsewhere in
this fact book, the
Amendments established
numerous new regulatory
requirements. These are
subjeci. to conventional
enforcement to compel
compliance and impose
penalties for violations. To
eliminate certain substandard
operations, temporary
operational permits terminate
for land disposal facilities
unless they certify compliance
with all applicable
groundwater monitoring and
financial responsibility
requirements, and submit
applications for a final
determination regarding
issuance of a permit within
one year of the date of
enactment. Existing
interim-status incinerators
have until November 8, 1986
to submit Part-B applications
to maintain interim status.
All other existing
interim-status facilities have
four yea rs to submit such
applications.
Corrective action
authorities are a major
component of the
Amendments. EPA can issue
orders requiring corrective
action or other response
measures at interim-status
facilities, when the Agency
determines that a release of
hazardous waste is now or
has been taking place. Such
orders can include a "suspend
or revoke" authorization to
operate under interim status.
Facilitiesi that fail to comply
with the terms and schedules
specified in these orders are
subject to civil penalties of up
to $25,OiiO per day of
noncompliance. EPA can also
initiate & civil action for
appropriate relief, including a
temporaiy or permanent
Injunction.
In addition, EPA must
promulgate regulations as
promptly as practicable
requiring owners or operators
of all permitted facilities and
regulated units to take
corrective action beyond the
property boundary where
necessary to protect human
health and the environment,
unless they can demonstrate
to EPA's satisfaction an
inability to obtain permission
despite their best efforts.
Pending such regulations,
EPA can issue corrective
action orders for this purpose
on a case-by-case basis.
In addition, criminal
sanctions were expanded by
the new amendments. Any
treatment, storage and
disposal facility or generator
and transporter of hazardous
waste is subject to criminal
penalties for knowing
violations of interim-status
standards, material
omissions and failure to file
required reports,
transportation without a
manifest and causing such
waste to be transported to an
unpermitted facility. The
maximum penalty for these
violations is boosted to
$50,000 for each day of
non-compliance. The
maximum prison sentence for
transporting or causing
transport to an unpermitted
facility, and treating or
disposing of wastes without a
permit or in violation thereof
or of interim-status
standards, is raised to five
years.
The class of "knowing
endangerment" crimes is also
expanded. The requirement
that those responsible for a
"knowing endangerment"
display an unjustifiable and
inexcusable disregard for, or
extreme indifference to,
human life before they can be
prosecuted is deleted. The
maximum prison sentence for
any person convicted of
"knowing endangerment" is
extended to 15 years.
Citizens are authorized to
bring actions in cases where
past or present management
of hazardous waste presents
an imminent and substantial
endangerment. This right is
circumscribed where EPA or a
State is diligently proseci'
an action under the
Comprehensive
Environmental Response,
Compensation and Liability
Act (CERCLA), is engaged in
a removal action, has
initiated an investigation or
is proceeding with a remedia
action, or has issued an
administrative order to
compel a cleanup. Citizens
are expressly authorized to
sue open-dump operations.
Actions or issues for which
owners or operators have
previously had opportunity to
obtain review (the permit
process, State authorization)
cannot be subject to judicial
review in civil or criminal
enforcement proceedings. The
Administrator's action in
issuing, denying, modifying
or revoking any permit, or
granting, denying or
withdrawing authorization is
not subject to review in an
enforcement action if review
could have been obtained
elsewhere under the law.
The U.S. Attorney Genera
is authorized to deputize '.
employees to act as marshals
in RCRA criminal
investigations. EPA is also
authorized to conduct
criminal investigations and to
refer the results to the
Attorney General for
prosecution.
Under the Amendments,
the endangerment provision
was clarified. Those
contributing to the
endangerment, including past
and present generators.
transporters and owneis or
operators of treatment,
storage and disposal facilities
are liable for conditions
resulting from past as well as
present activities. When EPA
proposes to settle such
actions, the agency is to
provide public notice, an
opportunity to comment in
writing and a public meeting
to discuss proposed
settlement terms.
-------
State Programs
and Agencies
RCRA required EPA to
institute a national program
to control hazardous waste.
However, it was the intent of
Congress that where possible
states assume responsibility
for controlling such waste
within their borders, and
federal financial and technical
assistance is available for
program development.
Section 3006 of the Act
specifically authorizes states
to operate their own
hazardous waste programs
after approval by EPA.
To receive final approval a
state must show that it has
the resources to administer
and enforce a hazardous
waste program equivalent to
and consistent with the
federal program. Equivalent
means "equal in effect."
States may set more stringent
standards, but they may not
impose any requirement that
might interfere with the free
movement of hazardous
wastes across state
boundaries to treatment,
storage or disposal facilities
holding a RCRA permit.
The deadline for a state to
obtain final authorization to
administer the national
hazardous waste program is
January 31. 1986. Eligibility
for final authorization will be
determined on the basis of
standards in effect prior to
application or January 26,
1983, whichever is later.
Requirements imposed under
the 1984 Amendments apply
immediately in all staies and
will be administered by EPA
until the state is authorized
to do so. EPA and a state may
enter into a cooperative
agreement regarding the
administration of the
program and joint permits
may be issued for those
requirements not yet
incorporated into the state
program. As of August 1985,
twenty-six states have been
granted final authorization to
administer the program.
Eight other states have
submitted applications and
two have been granted
tentative approval for final
authorization.
Rnal Authorization Status 8/12/85
No Application
Application Submitted to Hq.
Tentative Determination
Final Authorization'Granted
State Solid And
Hazardous Waste
Agencies
Alabama
Daniel E. Cooper, Director
Land Division
Alabama Dept. of Environmental
Management
1751 Federal Drive
Montgomery, Alabama 36130
CMM205) 271-7730
Alaska
Stan Hungerford
Air & Solid Waste Management
Dept of Environmental Conservation
Pouch O
Juneau, Alaska 99811
CML (907) 465-2635
American Samoa
Pati Faiai, Executive Secretary
Environmental Quality Commission
American Samoa Government
Pago Pago, American Samoa 96799
Overseas Operator (Commercial Call
633-4116)
Randy Morris, Deputy Director
Department of Public Works
Pago Pago, American Samoa 96799
Ron filler, Manager
Office of Waste and Water Quality
Management
Arizona Department of Health Services
2005 North Central Avenue
Phoenix, Arizona 85004
CML (602) 257-2305
Arkansas
Vincent Blubaugh, Chief
Solid & Hazardous Waste Div.
Department of Pollution Control and
Ecology
P.O. Box 9583
8001 National Drive
Little Rock, Arkansas 72219
CML (501) 562-7444
California
Vacant, Deputy Director
Toxic Substances Control Programs
Department of Health Services
714 P Street, Room 1253
Sacramento, California 95814
CML (916) 322-7202
Michael Campos. Executive Director
State Water Resources Control Board
P.O. Box 100
Sacramento, California 95801
CML (916) 445-1553
Sherman E. Roodzant, Chairman
California Waste Management Board
1020 Ninth Street, Suite 300
Sacramento, California 95814
CML '(9 16) 322-3330
-------
Colorado
Kenneth Waesche, Director
Waste Management Division
Colorado Department of Health
4210 E. llth Ave.
Denver, Colorado 80220
CML (303) 320-8333
Commonwealth Of Northern Mariana
Islands
George Chan, Administrator
Division of Environmental Quality
Department of Public Health and
Environmental Services
Commonwealth of the Northern Mariana
Islands
Saipan, CM 96950
Overseas Operator: 6984
Cable address: GOV. NMI Saipan
Connecticut
Stephen Hitchock, Director
Hazardous Material Management Unit
Department of Environmental Protection
State Office Building
165 Capitol Ave.
Hartford, Connecticut 06106
CML (203) 566-4924
Micheal Cawley,
Connecticut Resource Recovery
Authority
179 AllynSt., Suite 603
Professional Building
Hartford, Connecticut 06103
CML (203) 549-6390
Delaware
William Razor. Supervisor
Solid Waste Management Branch
Department of Natural Resources and
Environmental Control
89 Kings Highway
*\O. Box 1401
Dover, Delaware 19901
CML (3.02) 736-4781
District Of Columbia
Angclo Tompros. Chief
Department of Consumer fr Regulatory
Affairs
Pesticiues & Hazardous Waste
Management
Room ] ;2
5010 Overlook Avenue, S.W.
Wash.' ton, D.C 20032
CML (2-ty, 7e/-o422
Florida
Robert W. McVety, Administrator
Solid & Hazard'iu& Waste Sec (ion
Department of Environmental
Regulation
Twin Towers Office Building
2600 Blair Stone Rd.
Tallahassee. Florida 32301
CML (9O4) 488-0300
Georgia
John Taylor, Chief
Land Protection Branch
Environmental Protection Division
Department of Natural Resources
270 Washington St. S.W., Room 723
Atlanta, Georgia 30334
CML ;404) 656-2833
Guam
James Branch, Administrator
Guam Environmental Protection Agencv
P.O. Box 2999
Agana, Guam 96910
Overseas Operator (Commercial Call
646-8863)
Hawaii
Melvin Koizumi, Deputy Director
Environmental Health Division
Department of Healtn.
P.O. Box 3378
Honolulu, Hawaii 96801
California FTS Operator
3-556-0220
CML (808) 548-4139
Idaho
Steve Provant, Supervisor
Hazardous Materials Bureau
Department of Health and Welfare
State House
Boise, Idaho 83720
CML (208) 334-2293
Illinois
Robert Kuykendall, Manager
Division o'f Land -Pollution Control
Environmental Protection Agency
2200 Churchill Rd. Room A-104
Springfield, Illinois 62706
CML (217) 782-6760
William Child, Deputy Manager
Division of Land Pollution Control
Environmental Protection Agency
2200 Churchhill Rd. Room A-104
Springfield, Illinois 62706
CML (217) 782-6760
Indiana
David Lamm, Director.
L.ind Pollution Control Division
State Board of Health
.330 West Michigan Street
Indianapolis, Indiana 46206
C!V,;. '317) 633-0169
Iowa
Ronald Kolpa
Hazardous Waste Program Coordinator
Dept. of Water, Air & Waste Mgmt.
Henry A. Wallace Building
900 East Grand
Des Moines, Iowa 50319
CML (515) 281-8925
Kansas
Dennis Murphey, Manager
Bureau of Waste Management
Department of Health and Environment
F'orbes Field, Building 321
Topeka, Kansas 66620
CML (913) 862-9360
Ken :uci. y
J. A!px Bdj'jer, Director
Division of Waste Management
Department 01 Environmental Protection
Cabinet for Natural Resources and
Environmental Protection
18 Rei'.h fid.
Frankfo'-t. Keruucy 40601
CML (502) 5*i4-o716
Louisiana
Gerald J. Healy, Administrator
Solid Waste IVanagemrnt Division
Department of Environmental Quality
P.O. Box 44307
Baton Rouge, Louisiana 70804
CML (504) 342-1216
Glenn Miller. Administrator
Hazardous Waste Management Division
Department of Environmental Quality
P.O. Box 44307
Baton Rouge. Louisiana 70804
CML (504) 342-1227
Maine
David 3oulter, Director
Licensing and Enforcement Division
Bureau of Oil & Hazardous Materials
Department of Environmental Protection
State House — Station 17
Augusta, Maint: 043J3
CML (207) 2S9-2651
Maryland
Bernard Bigiiam
Wn_ite i.'Iaiiagement Administration
Department ol Health & Mental H-/giene
201 W. Preston Strf*>.t, Room 212" "
Baltimore, Maryland 21201
CML (3011 225-5649
Alv.n Bowles. Chief
Hazardous Wa* re D.visirn
Waste Management Administration
Department of Ht?kn & Menial Hygiene
201 w. Preston Street
Baltimore, M.D. 2,201
Ronald Nel.ion, L>;p-ctor
Waste Management Administration
Office of Environmental Programs
Department of Health & Mental Hygiene
201 West Pre-non Street - Room 212
Baltimore, Maryland 21201
CML (301)22;")-5647
Massachusetts
William Cass, Director
Division of Solid & Hazardous Waste
Department of Environmental Quality
Engineering
One Winter Street
Boston, Massachusetts 02108
CML (617) 292-5589
-------
Michigan
Delbert Rector, Chief
Hazardous Waste Division
Environmental Protection B. reau
Department of Natural Resources
t Box 300? 8
Lansing, Michigan 48909
CML{5r, ; ,",73-2730
t Allan Howard, Chief
Technical Services Section
Hazardous Waste Division
Department of Natural Resources
Box 30028
Lansing, Michigan 48909
CMM517) 373-8448
Minnesota
Dale L. Wik-t . Director
Solid and Hazardous Waste Division
Pollution Control Agencv
1935 West County Rd. B-2
Roseville, Minnesota 551 13
CML (6 12) 296- 7282
Mississippi
Jack M. McMillan, Director
Division of Solid & Hazardous Waste
Management
Bureau of Pollution Control
Department of Natural Resources
P.O. Box 10385
Jackson, Mississppi 39209
961-5062
Missouri
Dr. David Bedan, Director
Waste Management Program
Department of Natural Resources
117 East Dunklin Street
P.O. Box 176
Jefferson City, MO 65102
CML (314) 751-3241
Montana
Duane L. Robertson, Chief
Solid Waste Management Bureau
Department of Health and
Environmental Sciences
'Cogswell Bldg.
Helena, Montana 59602
CML (406) 444-2821
'Nebraska
Mike Steffensmeier
Section Supervisor
Hazardous Waste Management Section
Department of Environmental Control
State House Station
P.O. Box 94877
Lincoln, Nebraska 68509
CML (402) 471-2186
Nevada
Verne Rosse
Waste Management Program Director
of Environmental Protection
of Conservation and Natural
New Hampshire
Dr. Brian Strohm, Assistant Director
Division of Public Health Services
Office of Waste Ma; >.ugemeiit
Department of Health and Welfare
Health and Welfare Building
Hazeri Drive
Concord. New Hampshire 03C' ,
CML vS03) 2 71-4608
New Jersey
Dr. Marwan Sadat, Director
Division of Waste Management
Department of Environmental Protection
32 E. Hanover Street. CN-027
Trenton, New Jersey 08625
CML (609) 292-1250
New Mexico
Richard Perkins, Acting Chief
Groundwater & Hazardous Waste
Bureau
Environmental Improvement Division
N.M. Health & Environment Department
P.O. Box 968
Santa Fe, New Mexico 87504-0968
CML (505) 984-0020
Peter Pache Program Manager
Hazardous Waste Section
Groundwater & Hazardous Waste
Bureau
Environmental Improvement Di¥- ision
N.M. Health and Environment
Department
P.O. Box 968
Santa Fe, New M^xiro 87504-0968
CML (505) 984-0020 Ext 340
New York
Norman H. Nosenc^uck, Director
Division of Solid & Hazaidous Waste
Department of Environmental
Conservation
50 Wolf Rd.. Room 209
Albany, New York 12233
CML (518) 457-6603
North Carolina
William L. Meyer, Head
Solid & Hazardous Waste Management
Branch
Division of Health Services
Department of Human Resources
P.O. Box 2091
Raleigh, North Carolina 27602
CML (919) 733-2178
North Dakota
Martin Schock, Director
Division of Hazardous Waste
Management and Special Studies
Department of Health
1200 Missouri Ave., 3rd floor
Bismarck, North Dakota 58501
CML (701)224-2366
Capitol Complex
201 South Fall Street
Carson City, Nevada 89710
CML (702) 885-4670
Ohio
Steven While, Chief
Division ol Solid & Hazardous Waste
Management
Ohio EPA
361 East Broad Street
Columbus,, Ohio 43215
<>1L 1614)466-7220
Oklahoma
Dwain Farley, Chief
Waste Management Service
Oklahoma Slate Dept. of Health
P.O. Box 53551
1000N.E. 10th St.
Oklahoma City. Ok. 73152
CML (405) 271-5338
Oregon
Mike Downs, Administrator
Hazardous & Solid Waste Division
Department of Environmental Quality
P.O. Box 1760
Portland, Oregon 97207
CML '(503) 229-5356
Pennsylvania
Donald A. Lazarchik, Director
Bureau of Solid Waste Management
Department of Environmental Resources
Fulton Building - 8th floor
P.O. Box 2063
Harrisburg, FA 17120
CML (717) 787-9870
Puerto Rico
Santos rv-iuria. Director
6olid, Toxics. & hazardous Waste
Program
Environmental Quality Board
P.O. Box 11488
Santurce, Puerto Rico 00910-1488
CML (809j 725-0439
Rhode Island
John S. Quinn, Jr., Chief
Solid Waste Management Program
Denartment of Environmental
Man.. Demerit
204 Cannon Building
75 Da/-' >reet
Providers ;. Rhode Island 02908
CML (40 i) 277-2/97
South Carolina
Robert E. Malpass, Chief
Bureau of Solid and Haz. Waste Mgtm.
S.C. Dept of Health & Environmental
Control
2600 Bull Street
Columbia, South Carolina 29201
CML (803) 758-5681
South Dakota
Joel C. Smith, Administrator
Office of Air Quality & Solid Waste
Department of Water & Natural
Resources
Joe Foss Building
Pierre, South Dakota 57501
CML (605) 773-3329
-------
Tennessee
Tom Tiesler, Director
Division of Solid Waste Management
Bureau of Environmental Services
Tennessee Department of Public Health
150 9th Ave, North
Nashville, Tennessee 37203
CML (615) 741-3424
Texas
Jack Carmichael, Chief
Bureau of Solid Waste Management
Texas Department of Health
1 100 West 49th Street, T-602
Austin, Texas 78756-3199
CML (512) 453-7271
Jay Snow, Chief
Solid Waste Section
Texas Department of Water Resources
1 700 North Congress
P.O. Box 13087, Capitol Station
Austin, Texas 78711
CML (5 12) 463-8177
Utah
Dale Parker, Director
Bureau of Solid and Hazardous Waste
Management
Department of Health
P.O. Box 2500
1 50 West North Temple
Salt Lake City, Utah 841 10
CML (801) 533-4145
Vermont
Richard A. Valentinetti, Director
Air and Solid Waste Programs
Agency of Environmental Conservation
State Office Building
P.O. Box 489
Montpelier, Vermont 05602
CML (802) 828-3395
Virgin Islands
Robert V. Eepoel. Director
Hazardous Waste Program
Division of Natural Resources
Department of Conservation and
Cultural Affairs
T. O. Box 434C. Charlotte Amalie
Sc. Thomas, Virgin Islands 00801
D.C. Overseas Operator 472-6620
CML (809) 774-6420
Washington
Earl Tower, Supervisor
Solid & Hazardous Waste Mgmt. Division
Department of Ecology
Olympia. Washington 98504
CML (206) 459-6316
Linda L. Brothers, Assistant Director
Office of Hazardous Substance & Air
Quality Programs
Department of Ecology
Olympia, Washington 98504
CML (206) 459-6253
West Virginia
Timothy Laraway, Chief
Division of Water Resources
Department of Natural Resources
1201 Greenbrier Street
Charleston, West Virginia 25311
CML (304) 348-5935
Wisconsin
Paul Didier, Director
Bureau of Solid Waste Management
Department of Natural Resources
P.O. Box 7921
Madison, Wisconsin 53707
CML (608) 266-1327
Wyoming
Charles Porter, Supervisor
Solid Waste Management Program
State of Wyoming
Department of Environmental Quality
Equality State Bank Building
401 West 19th St.
Cheyenne, Wyoming 82002
CML (307) 777-7752
Wiiiiam F. Gilley, Director
Division of Solid and Hazardous Waste
Management
Virginia Department of Health
Monroe Building llth floor
101 North 14th Street
Richmond, Vir.ainia 23219
CML (804) 225-2667
H)
-------
Contents
The 1984
Amendments In
Detail
Small Quantity Generators 11
"Banned Waste" 12
Other Land Disposal Restrictions 12
Retrofitting Surface Impoundments 12
Storage of Banned Waste 13
Minimum Technology Standards 13
Groundwater Monitoring 13
Corrective Action 13
Permits 14
Exposure Assessments 14
Waste Minimization 14
Listings & Other Measures to Add Wastes 14
Delistings 14
Burning/Blending 14
Used Oil 15
Burning of Municipal Waste 15
Domestic Sewage 15
Hazardous Waste Exports 15
Mining Waste. Utility Waste & Cement Kilri Dust 15
Uranium Mill Tailings 15
Implementation 15
Subtitle D Criteria 16
Other RCRA Subtitle D Related Provisions 16
Procurement Guidelines 16
Inventory of Injection Wells 16
Inventory of Federal Facilities 16
Inspections 16
Federal Enforcement 16
Court Authority 16
Citizen Rights 16
Direct Action 17
Groundwafer Commission 17
Underground Tanks 17
Small Quantity
Generators
(SQGS)
After August. 1985 SQG
waste not managed at a
permitted Subtitle C
installation may be disposed
of only at a State-approved
municipal or industrial
facility. By March 31, 1986,
EPA must promulgate
standards for waste generated
in quantities between
100-1000 kg/month: the rules
may vary from conventional
Subtitle C regulations, but
must protect human health
and the environment.
At a minimum, the
standards must not allow
on-site storage more than 180
days* without a permit, and
all other management of SQG
waste must occur at a
permitted Subtitle C facility.
If EPA fails to promulgate
standards on time, SQG
waste generated above 100
kg/month becomes subject to
the minimum requirements
described above plus
exception reports and
retention of manifests for
three years. By August. 1985
waste generated In quantities
between 100 and 1000
kg/month must be
accompanied by a Uniform
Manifest.
By April 1. 1985, EPA must
submit a study characterizing
the generators, wastes.
practices and risks posed by
wastes in quantities less than
1000 kg/month. By April 1,
1987, EPA must submit
studies on the feasiblility of
establishing a licensing
system whereby transporters
assume the responsibilities of
SQGs, the merits of retaining
the existing manifest system
for SQG waste, and the
problems associated with the
disposal of hazardous waste
generated by educational
institutions.
Within 30 months of
enactment, EPA must inform
SQGs of their responsibilities
under the 1984 amendments.
for which 8500,000/year is
authorized for FY 1985
through 1987.
The onsite storage period may be
extended to 270 days for waste
transported more than 200 miles
if it does not exceed 6.000 kgs.
11
-------
Banned Waste
EPA must determine whether
to ban the land disposal of a
third of wastes listed as
hazardous in 45 months,
two-thirds of listed wastes in
55 months, all listed and
characteristic wastes in 66
months and for wastes listed
after enactment, six months
after listing.
The land disposal of a
hazardous waste must be
banned unless EPA
determines that the
prohibition is not required in
order to protect human
health and the environment.
A petitioner must
demonstrate there will be no
migration from the disposal
unit/' injection zone for as
long as the waste remains
hazardous. EPA must
promulgate regulations
specifying levels or methods
of treatment, ff any, which
substantially diminish the
toxicity of the waste or
substantially reduce the
likelihood of migration of
hazardous constituents such
that threats to human health
and environment are
minimized. "Otae~wise
banned" wastes so treated are
exempt.
Other than for disposal in
injection wells, EPA must
decide whether to ban the
land disposal of dioxins and
solvents within 24 months of
enactment, and eight months
later the "California wastes."
The decision whether to ban
these wastes from injection
wells must be made within 45
months of enactment. Within
24 months EPA must publish
a schedule for determining
whethef to ban the land
disposal of listed hazardous
wastes. High hazard/high
volume wastes must be
scheduled first. The schedule
is not subject to paperwork
reduction or judicial review.
Land disposal prohibitions
are effective immediately
unless:
* another date is selected
because, on a national scale,
alternative capacity is
unavailable. Postponement
beyond two years is
impermissible.
• a variance is granted to an
individual facility. Variances
can be granted for one year
and renewed for an additional
year upon a showing of a
binding contractual
commitment to provide
alternative capacity, but
disposal in a landfill or
surface impoundment must
be at a facility in compliance
with the minimum
technology described infra in
#6.
The prohibitions for
dioxins, solvents and the
California wastes do not apply
for 45 months to
contaminated soil debris from
cleanup and removal actions.
If EPA fails to make a
determination during the
allotted time for the
California wastes, dioxins,
solvents, the characteristic
wastes and the "last third" of
the listed wastes, land
disposal of such waste is
prohibited.
If EPA fails to make =>
determination during *he
allotted time for the "first and
second thirds" of the listed
wastes, disposal in a landfill
or surface impoundment is
permissible only if the
generator certifies no
alternative capacity and
disposp' is at a facility in
compliance with minirr jrn
technology requirements.
However, if EPA fails to make
a determination within 66
months of enactment, land
disposal is prohibited.
Other
Land-Disposal
Restrictions
Within six months of
enactment, the landfilling of
bulk or non-containerized
liquids is prohibited. Within
12 months the disposal of
nonhazardous liquids is
prohibited in Subtitle C
facilities unless the only
reasonable alternative is
disposal in a non-Subtitle C
landfill or unlined
impoundment that contains
or may contain hazardous
waste, and such disposal will
endanger a potable-water
aquifer.
Within 15 months EPA
must promulgate regulations
to minimize landfilling of
containerized hazardous
liquids, and prohibit the
landfilling of liquids absorbed
in materials that biodegrade
or release liquids when
compressed.
The placement of bulk
liquids in salt domes, salt
beds, underground mines or
caves is prohibited until EPA
promulgates placement rules
and the facility receives a
permit. Containerized
hazardous waste cannot be
dumped therein until the
facility receives a permit. The
Waste Isolation Pilot Project
in New Mexico is not subject
to these restrictions. Oil
contaminated with
hazardous, except ignitable,
wastes cannot be used as a
dust suppressant.
Within six months of
enactment (or sooner if a
State has primacy),
hazardous waste cannot be
injected into or above any
formation which contains,
within '/4 mile of the well, a
potable water aquifer unless
it is part of certain actions
under CERCLA or RCRA.
Retrofitting
Surface
Impoundments
Interim status impoundments
must either comply with the
double-liner, leachate
collection and groundwater
monitoring requirements for
new impoundments described
below in #6 or stop receiving,
storing or treating hazardous
waste within four years of
enactment for current
impoundments or within foui
years of the date such an
impoundment becomes
subject to Subtitle C.
Exempted impoundments,
other than wastewater
impoundments that no longei
qualify for the exemption,
must comply within two yean
of discovery of the
disqualifying condition.
Subsequently disqualified
wastewater impoundments
have three years to retrofit.
Impoundments not
within 1/4 mile of a
drinking-water aquifer, have
at least one liner that
complies with the current
Part 264 standards for new
impoundments and for whicl
there is no evidence the liner
is leaking, and are in
compliance with the Part 264
groundwater monitoring
requirements, are exempt
from supra. Wastewater
impoundments conducting
"aggressive" biological
treatment, and various
downstream impoundments
subject to a §402 CWA
permit, in compliance with
the Part 264 groundwater
monitoring requirements,
and part of a facility in
compliance with Best
Available Technology (BAT)
effluent guidelines, are also
exempt.
The same applies where nc
BAT guideline is applicable,
the facility is not
implementing BAT
BPJ permit and the
impoundment is part of a
facility with a §402 CWA
permit achieving a significar
degradation of hazardous
12
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constitutents in the
untreated wastestream, and
where impoundments are
designed, located and
operated to prevent the
migration of any hazardous
constituent into ground-water
or surface water at any future
time and for which EPA has
modified retrofitting
requirements. Also exempt:
impoundments for which,
prior to the date of
enactment, EPA or an
authorized state had entered
into a consent decree, order
or agreement mandating
corrective action equivalent to
double-liner and leachate
collection.
If EPA determines an
exempted impoundment is
likely to leak hazardous
constitutents to groundwater,
it may impose any
requirement necessary to
protect health and
environment including
retrofitting. An exempted
impoundment, other than a
wastewater impoundment
found to be leaking, or
otherwise no longer
qualifying for the exemption,
must be retrofitted. An
exempted wastewater
impoundment found to be
leaking must be retrofitted
unless EPA determines with
three years of enactment that
it is not necessary to protect
health and environment.
To obtain an exemption
owners or operators must
apply within 24 months of
enactment, submit a Part B
application and
leakage-to-groundwater
monitoring data, and provide
certification by a registered
professional engineer that the
impoundment meets
applicable criteria. EPA must
provide for notice and
comment and process the
application within 12 months
of receipt. EPA must submit a
report to Congress on the
environmental consequences
if wastewater impoundment
emption and on the
feasibility and cost of deleting
it.
Storage of
Banned Waste
Surface impoundments that
store or treat hazardous
wastes banned from land
disposal units must remove
hazardous residues within
one year, comply with
requirements for new
impoundments described
below in #6 unless the
impoundment meets the
conditions for a retrofitting
waiver, and be solely for the
purpose of accumulating
sufficient quantities for
proper subsequent
management.
Minimum
Technology
Standards
A landfill unit or
impoundment for which a
Part B application has not
been received by the date of
enactment must have a
double liner with leachate
collection above and between
the liners respectively, and
monitor ground water. Within
two years of enactment, EPA
must promulgate
implementing regulations or
issue guidance documents.
Meanwhile, a synthetic or clay
liner system may be installed.
Where the owner or operator
can demonstrate that an
alternative design,
considering location
charcteristics, is as effective
in preventing migration of
hazardous constituents to
ground water, a double liner
will not be required except in
Alabama. Certain monofills
containing foundry wastes
are also exempt.
Expansions and
replacements of interim
status landfills,
impoundments and piles that
receive waste six months after
enactment are subject to the
same requirements as supra.
Owners and operators of such
landfills and impoundments
must notify EPA sixty days
before the unit receives
waste, and submit a Part B
application six months
afterwards. EPA may not
require those who installed
double-liner systems in
good-faith compliance with
regulations or guidance
documents to alter these
systems in order to receive a
permit. However, if a liner is
leaking, EPA may require
replacement.
Interim status landfills,
impoundments, land
treatment facilities and piles
that received waste after
August 26, 1982 are subject
to the requirements for
groundwater monitoring,
unsaturated zone monitoring
and corrective action
applicable to new facilities.
Incinerators receiving
pei mits after the date of
enactment must achieve a
99.99 percent ORE.
Within 18 months of
enactment, EPA must publish
guidance criteria identifying
areas of vulnerable
hydrogeology, and write
regulations for the acceptable
location of new and existing
hazardous waste facilities.
Within 30 months. EPA must
promulgate standards for leak
detection and air emissions.
Groundwater
Monitoring
Part 264/5 variance from
groundwater mointoring
standards for certain
double-lined facilities is
eliminated. EPA is authorized
to exempt from
groundwater-monitoring
requirements land-disposal
units designed to prevent
liquids from entering the unit
and equipped with
multiple-leak detection
systems.
Corrective Action
EPA must promulgate
regulations that require
evidence of financial capacity
for clean-ups, and as soon as
practicable, amend hazardous
waste regulations to require
corrective action beyond the
facility boundary. The
regulations will take effect
immediately upon
promulgation, and apply to all
permitted facilities and
interim status landfills.
impoundments and piles that
received waste after August
26, 1982. Until then EPA
must issue corrective action
orders on a case-by-case basis
as necessary to protect health
and environs.
All permits issued after the
date of enactment must
address releases of hazardous
waste or constitutents
regardless of type of unit,
when waste was placed in it
or whether the unit is closed.
Owners and operators must
prove their financial ability to
clean up. EPA is authorized
to issue administrative orders
requiring corrective action for
releases of hazardous waste
from interim status facilities.
and to sue those responsible.
13
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Permits
Permits must be renewed
every 10 years and
land-disposal permits must
be reviewed every five years.
Renewals are subject to
regulations applicable to new
permits and must reflect
improvements in control and
measurement technology.
Interim status terminates
unless a Part B application is
submitted according to the
following schedule:
10
3
£8
5*
facility
land disposal
incinerators
other
EC
II
Oct.
1985
Oct.
1989
Oct.
1992
11
§3
Oct.
1985
Oct.
1986
Oct.
1988
Land disposal
owner/operators must also
certify compliance with
groundwater monitoring and
financial responsibility
requirements to retain
interim status. EPA or the
States must process permit
applications within four, five
and eight years of the date of
enactment for land disposal
units, incinerators and other
facilities, respectively. EPA is
authorized to issue one-year
permits, renewable each year
up to four years, for
experimental facilities
without first issuing
permitting standards under
83004.
Interim status is granted to
facilities that become subject
to Subtitle C as a result of the
1984 amendments or
implementing regulations. A
permit is required before
construction of a hazardous
waste facility can begin,
except for PCB incinerators
approved under TSCA.
Exposure
Assessments
Within nine months of
enactment, permit
applications for landfills and
surface impoundments must
be accompanied by an
assessment of the potential
public exposure to hazardous
substances. Facilities whose
applications have already
been submitted have nine
months to submit the
assessment. The Agency for
Toxic Substance and Disease
Registration (ATSDR) is to
conduct health assessments
of communities where
evidence indicates substantial
risk.
Waste
Minimization
After September 1. 1985,
manifests must contain
generator certification that
volume and or quantity and
toxicity of waste has been
reduced to the maximum
degree economically
practicable. Thereafter,
generators must annually
certify their efforts to reduce
waste volume and the
reduction actually achieved.
By October 1, 1986, EPA
must submit a report to
Congress on the feasiblity
and desirability of
establishing waste
minimization rules.
Listing And
Other Measures
To Add New
Wastes
EPA must determine whether
to list the following wastes
within the following dates of
enactment: six months:
chlorinated dioxins and
dibenzofurans; 12 months:
other halogenated dioxins
and dibenzofurans; 15
months: coal slurry pipeline
effluent, coke byproducts,
chlorinated aliphatics, dioxin,
dimethyl hydrazine, TDI,
carbamates, bromacil,
linuron, organobromines,
solvents, refining wastes,
chlorinated aromatics, dyes
and pigments, inorganic
wastes, lithium batteries and
paint-production wastes.
In addition, EPA and
ATSDR must identify wastes
hazardous solely because they
contain, for example,
recognized carcinogens at
levels beyond which human
health is endangered. Within
2 years of enactment EPA
must identify additional
charcteristics, including
measures of toxicity. Within
28 months the agency must
select media that accurately
predict leaching potential of
wastes that threaten health
and environs when
mismanaged.
Delisting
EPA 'must consider factors in
addition to those for which
the "vvaste was listed when
processing delisting petitions,
and must provide notice and
comment beforehand.
Temporary delistings not
finalized within 24 months of
enactment lapse summarily.
To the extent practical, new
petitions must be processed
within 24 months of the date
EPA receives a complete
application. Temporary
exclusions are prohibited
without prior notice and
comment.
Burning/Blending
Within 15 months of
enactment, individuals who
produce, burn, and distribute
or market hazardous
waste-derived fuel must notify
EPA. Within 15 months EPA
must promulgate
recordkeeping requirements
for such activity, and within
two years EPA must
promulgate technical
standards for them and those
who transport such fuel.
Within 90 days of enactment,
invoices for hazardous
waste-derived fuel must bear
a warning label, except for
fuels from petroleum refining
operations where
oil-containing hazardous
wastes are reintroduced to
the refining process.
Until regulations are
promulgated, certain cement
kilns cannot burn hazardous
waste-derived fuel unless the;
comply with incinerator
standards. Hazardous-waste
derived coke is exempt from
labeling and recordkeeping
requiremenfs andTegulations
for producers, burners and
distributers, provided the
coke is derived from onsite
refinery wastes and does not
meet any of the listing
characteristics. EPA may
exempt from these
requirements facilities
burning "de minimis"
quantities of hazardous
waste, provided they meet
certain requirements.
i
14
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sed Oil
Within 12 months of
enactment, EPA must
propose whether to list used
automotive oil as hazardous
waste and, within 24 months,
make a final determination
regarding automotive and
other used oil. The
performance standard for
used oil regulations under
§3014 is to protect human
health and the environment
(as well as to promote
recycling). Recycled used oil is
exempt from the §§ 3002 and
3003 standards for
generators and transporters.
Instead, EPA must
promulgate within 24 months
of enactment special
standards and subject
recyclers to conventional
§3004 standards.
Generators who enter into
an agreement to deliver used
oil to a permitted recycling
facility are exempt from the
manifest requirements,
"" rovided they do not mix
rdous waste with the oil
and keep records as the
Administrator deems
necessary. EPA is authorized
to abjure issuance of class
permits for certain generators
and transporters who treat or
recycle used oil, but may
tailor permits to individual
cases.
Burning Of
Municipal Solid
Waste
The combustion of municipal
solid waste at a resource
recovery facility is exempt
from the Subtitle C
requirements, provided that
the owner or operator takes
precautions to ensure that
hazardous wastes are not
burned. As soon as
practicable, EPA must submit
a report to Congress on the
«of dioxin emissions from
urce recovery facilities
burn municipal solid
wastes and on means to
control them.
Domestic
Sewage
Within 15 months of
enactment, EPA must report
to Congress on hazardous
wastes exempt from Subtitle
C because mixed with
domestic sewage or other
wastes that pass through
sewers to POTWs. Then,
within 18 months, EPA must
promulgate rules to assure
that these wastes are
adequately controlled to
protect human health and the
environment. Within 36
months of enactment, EPA
must submit a report to
Congress on wastewater
lagoons at POTWs and their
effect on groundwater. RCRA
inspection and notification
requirements apply as much
to solid or dissolved materials
in domestic sewage as to
other hazardous wastes.
Hazardous Waste
Exports
Within 24 months of
enactment, no one may
export hazardous waste
unless he has filed a
notification, the receiving
country has agreed in writing
to accept the waste, a copy of
the consent is attached to the
manifest and shipment
conforms to terms of consent.
Within 12 months of
enactment EPA must
promulgate implementing
regulations. Bilateral
agreements between the U.S.
and the receiving country
establishing hazardous waste
export procedures supercede
supra, but exporters must file
annual reports to EPA.
Mining Waste,
Utility Waste
And Cement Kiln
Dust
EPA is authorized to modify
certain requirments for these
wastes to take into account
their special characteristics
and sites, provided that
health and environs are
protected. This discretion is
restricted to three aspects of
Section 3004 requirements
for landfills and surface
impoundments: double-liners
(including retrofitting for
surface impoundments), prior
releases and land-disposal
restrictions.
Uranium Mill
Tailings
Regulations under UMTRCA
for mill tailings are not
effected by the 1984 RCRA
amendments.
State
Implementation
For final authorization,
States must meet standards
in effect prior to State
application or January 23,
1983, whichever is later. To
obtain or maintain
authorization. States must
make available to the public
information they have
obtained on TSDFs to the
extent such information
would be available if EPA
were running the program.
The deadline to obtain final
authorization is extended by
one year.
Any requirement imposed
under the 1984 amendments
applies immediately in
authorized States until their
programs are revised to
incorporate the requirements.
EPA administers the
requirements until the States
receive authorization; States
with provisions substantially
equivalent to the new
requirements may apply for
interim authorization to
administer them. EPA is
authorized to enter into
cooperative agreement with
States to assist in the
administration of the 1984
amendments. EPA is also
authorized to jointly issue
permits with the States for
those requirements not yet
incorporated into State
programs.
States are authorized to
require that copies of
manifests for intra-State
shipments be sent to them.
15
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RCRA Subtitle D
Criteria
Within 36 months of
enactment, EPA must submit
a report to Congress
determining whether the
§§1008(a) and 4004 criteria
are adequate to protect health
and environs from
groundwater contamination,
and recommending whether
additional authority is needed
to enforce them. By March
21. 1988, EPA must revise
the criteria for facilities that
may receive hazardous
household or SQG waste. The
criteria must protect health
and environs. At a minimum,
EPA will require groundwater
monitoring, establish location
criteria and provide for
corrective action as
appropriate.
Within 36 months of
enactment, each State.must
develop a program to ensure
that municipal facilities
comply with existing criteria.
Within 18 months of
promulgation of the revised
criteria. States must develop
a program to ensure
compliance; if States fail to
do so EPA may enforce them.
$15Mofthe 1985
appropriation for State grants
and $20M per year of the
1986-88 appropriation can be
used to implement the
criteria. •
Other RCRA
Subtitle O-Related
Provisions
State solid waste plans for
waste-to-energy facilities
must consider present and
future needs of recycling and
resource recovery interests,
including those created by
the implementation of §6002.
By October 1, 1986, EPA
must submit a report to
Congress on methods for
extending the useful life of
sanitary landfills and for
putting closed landfills to
more efficient use.
Procurement
Guidelines
Each procuring agency is
required to push the
preferential purchase of items
containing recovered
materials. EPA must
promulgate guidelines for
paper within 180 days of
enactment, and for three
additional products
(including tires) by October 1,
1985. The Office of
Procurement Policy must
submit biennial reports to
Congress on federal progress
in promoting the use of
recovered materials.
Inventory Of
Injection Wells
Within six months of
enactment EPA must submit
to Congress an inventory of
hazardous-waste injection
wells.
Inventory of
Federal TSD
Facilities
Each federal Agency must
submit to EPA biennially an
inventory of each treatment,
storage or disposal facility
(TSD) it owns or operates.
Agencies need not resubmit
information already
submitted under §103 of
CERCLA or §§3005 and 3010
of RCRA. EPA must conduct
this inventory where Federal
agencies decline to do so.
Inspections
EPA must inspect annually
each hazardous-waste facility
operated by a State or
municipality. EPA must, and
authorized States may,
inspect each federally owned
or operated TSD facility
annually. At least every two
years, EPA (or authorized
States) must inspect
privately-operated facilities.
EPA will promulgate
regulations governing the
minimum frequency and
manner of such inspections.
Within six months EPA was
required to submi,. a report to
Congress on the merits of
using private inspectors to
supplement government
inspections.
Federal
Enforcement
EPA is authorized to assess
civil penalties
administratively for past as
well as present violations of
RCRA. EPA was provided new
corrective-action order
authority regarding releases.
In addition, the broad
imminent and substantial
endangerment authority is
clarified. Section 7003 applies
to past generators and to
situations or sites where past
acts or failures to act may
have contributed to present
endangerment of health and
environs. EPA must notify
local officials and post a sign
at sites posing an imminent
and substantial threat to
health and environs. EPA
must provide for public notice
and comment before entering
into a settlement or covenant
not to sue under §7003.
The maximum criminal
penalties are raised and
criminal actions are expanded
to include violations of
interim-status standards,
failure to file required
reports, and transportation of
hazardous waste without a
manifest. The category of
actions subject to the
"knowing endangerment"
provision of §3008(e) is alsc
expanded.
The Attorney General is
authorized to deputize EPA
employees to act as special
marshals in RCRA criminal
investigations. EPA is
authorized to conduct
criminal investigations and
refer the results to the
Attorney General for
prosecution.
Review of
Permits in
Enforcement
Proceedings
Defendants in enforcement
proceedings cannot challenj
permit terms and condition;
of State program provisions
that could have been
challenged at the time of
permit issuance.
Citizens Rights
Citizen Suits
* Citizens are authorized to
bring actions under §7003 i
cases where past or present
management of hazardous
waste presents an imminent
hazard. This right is
circumscribed in several waj
(e.g., where EPA or the Stat<
is diligently bringing and
prosecuting an action under
§7003 of RCRA or §106 of
CERCLA, or has settled the
action by entering into a
consent decree).
• Common carriers are
immunized from citizen suit
16
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for imminent hazards arising
after shipments are delivered
to the consignee.
• Citizens are authorized to
*. bring an action against
persons engaged in open
dump activities.
• Imminent Hazard: Section
7003 applies to past
generators and to situations
or sites where past acts or
failures to act may have
contributed to a present
endangerment to HH&E. The
Administrator is prevented
from bringing an action
against common carriers for
imminient hazards arising
after delivery of the shipment
to the consignee.
Immediate Notice: EPA must
notify local officials and post
a sign at sites posing an
imminent and substantial
threat to HH&E.
Public Participation: EPA
must provide for public notice
comment before entering
a settlement or covenant
not to sue under §7003.
Ombudsman: EPA must
establish an Office of
Ombudsman to provide
information, receive
complaints and assist in their
resolution. The Office
terminates four years after
enactment.
. Direct Action
Claimants are provided a
.-right of direct action against
' guarantors, guarantors may
invoke as a defense the terms
and conditions of the
guarantor's insurance policy
with the owner/ operator, and
the guarantor's liability under
RCRA is limited to the
amount the guarantor
provided as evidence of
financial responsibility.
Ground water
Commission
A commission is established
until January 1, 1987 to
assess groundwater issues
and to submit several reports
to Congress. $7M is
authorized for 1985-87.
Underground
Tanks
EPA was required by March
1, 1985 to issue regulations
under Subtitle C of RCRA for
undergound tanks containing
hazardous wastes. Within 48
months of enactment, EPA
must modify these
regulations to include the
standards required under
Subtitle I. The latter
establishes a program to
control underground tanks
containing regulated
substances (i.e., petroleum
and CERCLA
hazardous-chemical
products).
Only tanks with 10% or
more of their volume
underground (including the
volume of pipes) are covered.
Excluded, among other
entities, are farm and
residential tanks storing
motor fuels, noncommercial
heating-oil tanks, septic
tanks, pipelines regulated
under other Acts, surface
impoundments, stormwater
and wastewater collection
systems, and flow-through
process tanks.
Notification is as follows:
Month
6 States identify agency
responsible for receiving
notification form
12 EPA and the States
design notification form
12 owners of currently-used
tanks notify designated
state agency
18 owners of tanks
decommissioned within
past ten years notify
state agency
13- suppliers of regulated
31 substances inform tank
owners/operators of
their responsibility to
notify states/EPA
31 + tank sellers inform tank
purchasers of their
responsibility to notify
states/EPA within 30
days of start-up.
Within 180 days of
enactment, and until the
effective date of the standards
infra, a tank may be installed
or brought into use only if it
will prevent releases due to
corrosion or structural failure
throughout its operational
life; it is cathodically
protected, constructed of or
steel-clad with noncorrosive
material, or designed in a
manner to prevent the release
of the stored substance; the
material used in constructing
or lining the tank is
compatible with the
substance to be stored; or in
lieu of supra the tank is
located in soil of resistivity
greater than 12,000 ohm/cm.
EPA must issue regulations
that protect health and the
environment on the following
schedule:
Month
27 petroleum tanks
33 new non-petroleum
tanks
45 existing non-petroleum
tanks
For existing tanks the
regulations must include
requirements for leak
detection or inventory-control
systems, recordkeeping and
reporting, corrective actions.
financial responsibility for
corrective action and
third-party liability and
closure. For new tanks the
regulations must include
requirements for design,
construction, installation,
release-detection and
compatibility standards.
Within 30 months States
may apply to administer the
underground tank program
in lieu of EPA, but their
requirements must be no less
stringent than ours. Grace
periods are provided for
States that must adopt
regulatory or legislative
changes to meet this
standard. Within 12 months
of enactment EPA must
conduct a study of petroleum
tanks, and within 36 months
studies of tanks containing
other regulated substances
and certain exempted tanks.
There are no criminal
penalties. The civil penalties:
$25K for noncompliance with
an administrative order
$10K for knowing violation of
notification rules
$10K for noncompliance with
all other requirements
During 1985-88, $40M is
authorized for EPA to develop
the program and $100M for
State grants.
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