Provisions for
Hazardous Waste Regulation
and Land Disposal Controls
under the Resource Conservation
and Recovery Act of 1976
This summary (SW-644) was prepared
by the Office of Solid Waste
U.S. Environmental Protection Agency
March 1978
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PROVISIONS FOR HAZARDOUS WASTE REGULATION
AND LAND DISPOSAL CONTROLS UNDER
THE RESOURCE CONSERVATION
AND RECOVERY ACT OF 1976
The handling and disposal of solid wastes from industrial, munici-
pal, and other activities can result in serious public health and environ-
mental problems unless appropriate precautions are taken. In the past
few years there has been increasing awareness in particular of water
quality problems resulting from land disposal of solid wastes. Numerous
instances of contamination of surface and ground waters have been
documented.
Each year greater amounts of wastes destined largely for land dis-
posal are generate'd as a result of greater consumption and production
and the application of environmental laws curtailing the discharge of
wastes into the air, rivers, lakes, and oceans. EPA estimates that about
130 million metric tons of municipal solid waste, 344 million metric tons
of industrial solid waste, and 5 million metric tons (dry weight) of sewage
sludge are currently being generated annually. In addition, there are
billions of tons of mining, agricultural, and other wastes produced each
year, the greater part of which goes onto the land.
Virtually all types of wastes have potential for causing water pollu-
tion and other environmental problems; however, about 10 percent of
the industrial solid waste stream poses special hazards to public health
and the environment unless properly handled, transported, treated, stored,
and disposed of. These wastes may contain, for example, toxic chemicals,
pesticides, acids, caustics, flammable or explosive substances, or other
materials in sufficient amounts to cause acute or chronic health effects.
The Resource Conservation and Recovery Act (RCRA) was enacted
in October 1976 to deal with the environmental problems posed by solid
wastes* and to promote resource recovery and other resource conservation
measures as waste management alternatives.
To achieve these goals RCRA seeks to bring about development of
comprehensive State and local solid waste programs that include regulation
of hazardous wastes from point of generation through disposal, environ-
mental controls on land disposal of all other solid wastes, and resource
*Solid waste is broadly defined in the Act to include waste sludges, liquids, and con-
tained gases; excluded aie domestic sewage, irrigation return flows, industrial dis-
charges subject to permits under Section 402 of the Federal Water Pollution Control
Act, and certain radioactive wastes covered by the Atomic Energy Act of 1954.
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conservation activities. Federal financial and technical assistance is au-
thorized for planning and developing such programs. State plans approved
for financial assistance are to include development of hazardous waste
programs, an inventory of all land disposal sites that do not meet criteria
to be established by EPA, schedules for the upgrading or closing of all
such unacceptable sites, and plans for all solid waste in the future to be
sent to an acceptable disposal site or be utilized through resource re-
covery. Implementation of RCRA is thus largely dependent on maximum
assumption of responsibility by the States. To assure nationwide regula-
tion of hazardous wastes, however, EPA is required to administer regula-
tory control over those wastes in any State that decides not to establish
a hazardous waste program meeting Federal standards.
Hazardous Waste Regulation
Subtitle C of RCRA contains the hazardous waste authorities, which
include the development of criteria for determining which wastes are
hazardous, institution of a manifest system to track these wastes from
point of generation to point of disposal, and organization of a permit
system, based on standards, for hazardous waste treatment, storage and
disposal facilities. The necessary regulations were to be promulgated
within 18 months of the law's enactment, that is, by April 1978; because
of the extensive evaluations, discussions, and reviews that have been
necessary, however, the promulgations will be delayed somewhat (see
schedule). The regulations become effective 6 months after promulgation.
Under these controls, each generator will determine whether his
waste is hazardous according to the criteria, identification methods, and
tests specified by EPA. If it is, he must either obtain a permit to manage
it on his property, or ship it to a permitted offsite treatment, storage, or
disposal facility. In the latter case, a multicopy manifest containing basic
information about the waste must accompany the shipment. In either
case, all treatment, storage, and disposal operations must meet the mini-
mum standards developed.
The standards and regulations thus lay the framework for a national
system to control hazardous wastes. However, Congress was clear in its
intent that the States implement the hazardous waste regulatory system
as a part of comprehensive solid waste management programs. The law
directed EPA to develop within 18 months the guidelines by which such
authority can be granted. EPA must grant authorization to a State unless
EPA finds that the proposed program does not meet the requirements
established by RCRA. Federal grants to States are authorized to aid the
development of acceptable hazardous waste programs.
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In developing the standards, regulations, and guidelines, EPA is
obtaining extensive participation of State representatives and the public.
Over 80 public meetings have already been held in different parts of the
country to elicit information and views on one or more parts of Subtitle
C.
The regulations and guidelines are being published in the Federal
Register first as proposed rules. Comments received during the 60 days
following this initial publication of each issuance are assured consideration
in preparation of the final version. Public hearings are being held follow-
ing publication of each proposed rule.
Some key aspects and the status of each of the parts of the regulatory
program are noted as follows:
Defining a Hazardous Waste. Section 3001 of RCRA mandates the
promulgation of regulations identifying and listing hazardous wastes. The
definition of hazardous waste determines the scope of the program and is
therefore the key element. The Agency has tentatively identified a set of
criteria for the definition of hazardous wastes. These criteria include
flammability, reactivity, corrosiveness, toxicity, genetic change potential,
tendency for bioaccumulation, infectiousness, and radioactivity (except
that covered by the Atomic Energy Act of 1954). Each of these areas is
being investigated to determine how each criterion should be defined and
the means to measure or identify the particular characteristic. In most
cases, the latter will be specified in terms of a particular test method and
a quantitative measure. For example, flammability may be defined as a
flash point of 140 F or lower using a specific test. Publication of proposed
regulations under Section 3001 is scheduled for May 1978; an additional
proposed test protocol, for toxic wastes, is scheduled for publication in
July 1978.
Standards for Generators of Hazardous Waste. Section 3002 requires
standards for generators of hazardous waste respecting: recordkeeping,
labeling of containers, use of appropriate containers, furnishing of informa-
tion on waste composition, and submission of reports to EPA or authorized
State agency. Since many of the standards impact on transportation
(labeling, containers, manifests, furnishing of information), EPA is coordi-
nating the development of Section 3002 regulations with the Office of
Hazardous Materials Operation, Department of Transportation. Proposed
generator standards are scheduled for publication in April 1978.
Standards for Transporters of Hazardous Waste. Section 3003 re-
quires standards for transporters covering as a minimum recordkeeping,
labeling, compliance with the manifest system, and transportation of all
hazardous wastes only to the waste management facility which the shipper
declares on the manifest form to be a permitted facility.
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EPA is working closely with the Department of Transportation in
the development of these standards. A public meeting was held in October
to explore ways of coordinating the agencies' efforts. EPA intends to
adopt the DOT hazardous materials regulations for interstate and intra-
state transportation. DOT plans to include hazardous wastes in their list
of regulated materials and incorporate most, if not all, EPA standards for
generators and transporters. Publication of proposed regulations under
Section 3003 is scheduled for March 1978.
Regulations for Treatment, Storage, and Disposal. Section 3004 man-
dates the development of performance regulations for hazardous waste
treatment, storage, and disposal facilities; such regulations shall include
requirements respecting recordkeeping, reporting, monitoring, design,
construction, training, and ownership. The development effort for these
regulations has been organized into 13 in-house projects and 7 support
contracts to identify the basic alternative forms each regulation could take
and evaluate advantages and disadvantages. The subjects being investigated
include, for example, emission control criteria, location criteria and protec-
tive requirements for ground and surface waters, emergency alarm systems,
and compatibility of wastes during treatment, storage, and disposal. Pro-
posed regulations are scheduled for publication in June 1978.
Permit System Development. Under Section 3005 regulations are to
be developed requiring each person owning or operating a facility for the
treatment, storage, or disposal of hazardous waste to obtain and comply
with a permit. The permit system must provide a mechanism to assure
uniform control by States or EPA over hazardous waste management facil-
ities, including maintenance of data for compliance monitoring and enforce-
ment. Development of these regulations has included detailed review of
five ongoing State permitting programs. Publication of proposed rules is
scheduled for April 1978.
Notification. Section 3010(a) requires that all persons generating
or transporting hazardous wastes or operating facilities for treatment,
storage, or disposal of hazardous wastes notify the EPA Administrator (or
authorized State programs) within 90 days of promulgation of the definition
of hazardous wastes under Section 3001. Notification must consist of the
name and location of the person conducting hazardous waste activities, the
type(s) of activities, and a description of the waste handled. Proposed regu-
lations regarding notification are scheduled for publication in March 1978.
State Implementation. Section 3006 allows EPA to authorize States
to conduct hazardous waste regulatory programs in lieu of the Federal
program. The Act recognizes that few of the States will be prepared to
administer and enforce a program as comprehensive as that mandated under
Subtitle C by October 1978; consequently it provides for "interim authori-
zation" from October 1978 to October 1980. The only criterion for
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RCRA REGULATIONS AND GUIDELINES ISSUED OR IN PREPARATION
(AS OF MARCH 10, 1978)
Section
of the Act
Description
Schedule for issuance*
1008
3001
3002
3003
3004
3005
3006
3010
4002(a)
Solid waste management guidelines
Identification and listing of hazard-
ous waste
Standards for generators of hazard-
ous waste
Standards for transporters of
hazardous waste
Standards for owners and operators
of hazardous waste treatment,
storage, and disposal facilities
Permits for treatment, storage, or
disposal of hazardous waste
Guidelines for development of
State hazardous waste programs
Notification system regulations
Guidelines for identification of regions
The first guidelines will be on land disposal practices; present
plan is to issue these in 1978 after the land disposal criteria
are determined (Section 4004)
Publication in proposed form planned for May 1978. Pro-
posed test protocol for toxic wastes will be published
separately in July 1978.f
Publication in proposed form planned for April 1978.f
Publication in proposed form planned for March 1978.f
Publication in proposed form planned for June 1978.f
Publication in proposed form planned for April 1978.f
Proposed guidelines published February 1,1978; final
planned for May 1978.
Publication in proposed form planned for March 1978;
final in July 1978.
Interim guidelines published May 16, 1977.
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4002(b)
4004
6002
7002
7004
and agencies for solid waste management
Guidelines for State plans
Criteria for classification of disposal
facilities
Guidelines for procurement practices
Prior notice of citizen suits
Public participation guidelines
Interim regulations to implement
the Resource Conservation and Re-
covery Act of 1967; Grants and other
financial assistance
Publication in proposed form planned for May 1978,
with final guidelines in August 1978.
Proposed regulations published February 6, 1978;
final regulations about September 1978.
Publication in proposed form planned for October
1978, with final guidelines in January 1979.
Proposed regulations published July 20, 1977;final
regulations published October 21,1977.
Interim guidelines published January 12, 1978.
Interim regulations published October 20, 1977.
*Schedules for issuance of guidelines and regulations that are in preparation are subject to considerable change.
f Publication in final form of regulations under Sections 3001-3005 will take place at one time, since they must be consistent
and coordinated with each other. Such publication will take place 3-5 months following publication of all the proposed
rules under these Sections.
^Financial assistance provisions
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"interim authorization" is that the proposed State program be "substan-
tially equivalent" to the Federal program. The intent of this provision
is clearly that as many States as possible be authorized, and that EPA
administer and enforce Subtitle C in the fewest possible States. The Act
requires EPA to promulgate guidelines for State programs under Section
3006(a). The guidelines were published in proposed form on February 1,
1978 (Federal Register 43:4366-4373). Promulgation is scheduled for
May 1978.
It is not yet possible to know how many States or which States will
choose to seek and will receive authorization, but a number of States have
already begun developing programs. States enacting hazardous waste man-
agement legislation in recent years include California, Illinois, Oregon,
Maryland, Missouri, Washington, Oklahoma, Minnesota, Kansas, and New
Mexico. Several other States are now considering hazardous waste legisla-
tion, including Iowa and Wisconsin. Texas has actively developed its pro-
gram for managing the land disposal of hazardous wastes under the legis-
lative authority of its water pollution laws.
Land Disposal Provisions
All solid wastes not covered by the hazardous waste regulations are
subject to the land disposal provisions of Sub tide D of RCRA. State solid
waste management plans approved for Federal financial assistance must
provide for the closing or upgrading of land disposal sites identified as
environmentally unacceptable "open dumps" according to EPA criteria
issued under Section 4004. In addition Subtitle D includes a Federal pro-
hibition of open dumping, that is, disposal practices that do not comply
with the criteria.
The land disposal criteria were formally proposed for public review
and comment on February 6, 1978 (FederalRegister 43:4942-4955). Once
the criteria are promulgated (about September 1978) disposal facilities will
be evaluated against them in order to identify the facilities which are open
dumps. The evaluations will be conducted by the States with Federal finan-
cial and technical assistance. The groundwork for this process is now being
laid through consultation with the States and the assistance of the Bureau
of the Census. An inventory of the open dumps will be published by EPA
as required under Section 4005.
It should be clearly understood that due to the broadened definition
of solid waste in RCRA, the criteria, the inventory, and the resulting State
land disposal programs cover not only municipal solid waste and municipal
.solid waste disposal sites but all land disposal practices for almost any
waste-solid,-liquid, or any form in between. The breadth of this coverage
will necessitate a phased effort over several years.
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Financial and Technical Assistance to State and Local
Governments
Grants to States for planning and development of comprehensive
solid waste management programs are expected to total $14.3 million in
fiscal year 1978. Technical assistance is being expanded through the
Technical Assistance Panels Program whereby teams of personnel, including
Federal, State, and local government employees and consultants on contract,
will be made available to assist State and local governments. Priority will
be given to the disposal problems posing the greatest threats to public
health and environmental quality.
Research and Development
The Office of Solid Waste and the Office of Research and Develop-
ment are carrying out numerous projects to further investigate the problems
of solid waste disposal and to develop the technology for dealing with them.
Many of the studies have focused on the impact of land disposal on
ground-water quality. The findings are being incorporated into supporting
documents for hazardous waste regulations and the land disposal criteria.
Reports of the studies are available through the information program of
the Office of Solid Waste and through the National Technical Information
Service.
Evaluations are being conducted of technology for detecting, mini-
mizing, containing, treating, or eliminating the release of pollutants from
wastes disposed of on land. Various means of detoxifying hazardous wastes,
immobilizing the hazardous constituents, and utilizing hazardous and other
wastes as resources are also being evaluated. Studies and demonstrations
of the land application of municipal wastewater treatment sludge are
focused on health and environmental effects, methods of application, and
publicacceptance. Cost studies are being done to determine the economic
impacts of the various waste management techniques. All these activities
provide support for guidelines and criteria development and for technical
assistance.
Public Participation
As required by Section 7004, public participation is being encouraged
and provided for in the development of all the programs, guidelines, and
regulations under .the Act. Numerous public, hearings and meetings are
being held throughout the country .on proposed regulations and guidelines
affecting hazardous waste management and land disposal.* Guidelines
*Hearings and meetings are announced in the Federal Register. Announcements are
also mailed to interested parties. Persons who wish to be put on the mailing list or
who have questions about public participation should contact: Mrs. Gerri Wyer
(WH-562), Environmental Protection Agency, Washington, D.C. 20460.
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for public participation, applicable to State and local governments receiv-
ing Federal aid under the Act as well as to EPA components, were issued
on January 12, 1978 (FederalRegister 43:1902-1906). Public education
programs that enable citizens to understand the issues involved and parti-
cipate constructively are considered to be necessary adjuncts to public
participation programs.
Problems in Establishing Waste Management Facilities
Availability of acceptable land disposal sites and processing and
storage facilities is crucial for effective implementation of the hazardous
waste and land disposal provisions of RCRA.
The hazardous waste management service industry currently has a
capacity of about 6 million tons per year. In addition, generators of
waste have unknown capacity for disposal on their premises. The total
quantity of hazardous wastes is estimated at around 34 million tons per
year. Thus it will be necessary to greatly expand the existing capacity
to meet the expected demand.
The potential impact of RCRA on this capacity is unclear. On the
one hand, the permit system will close off the low-cost open-dump option
and create a greater demand for the services of the existing facilities.
Also, since the cheap unacceptable disposal alternatives will be eliminated,
the permitted facilities should be able to charge a fee more commensurate
with the value of the service rendered. Improved profitability should
improve capital availability, leading to expansion. How quickly this will
occur is open to speculation.
On the other hand, the publicity surrounding some of the recent
cases of improper disposal has understandably stimulated local opposition
to the siting of new facilities even when they are perfectly acceptable
operations. Reports from States with hazardous waste management pro-
grams indicate increasing difficulty in permitting new facilities due to
local opposition. Proposed sites for municipal solid waste and sludge
disposal also frequently face the same public resistance. Yet facilities
must be provided for disposal of the wastes which society generates.
Even where resource recovery systems are employed, residues are produced
which require disposal. Since even plans that meet all recommended
standards are likely to be blocked unless public assurance is established,
public participation and education clearly must be integrated into solid
waste management planning and implementation at all levels so that
citizens can feel confident in the necessity and soundness of the proposed
operations.
uol616,
SW-644
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