United States      Solid Waste and        EPA530-R-99-056
Environmental      Emergency Response      PB2000-101 896
Protection Agency    (5305W)              February 2000
     RCRA, Superfund & EPCRA
         Hotline Training Module
      Introduction to:
               Other Laws that
             Interface with RCRA
            Updated October 1999


This document was developed by Booz-Allen& Hamilton Inc. under contract 68-W 0-0039 to EPA. It is intended to
be used as a training tool for Hotline specialists and does not represent a statement of EPA policy.

The information in this document is not by any means a complete representation of EPA's regulations or policies.
This document is used only in the capacity of the Hotline training and is not used as a reference toolon Hotline calls.
The Hotline revises and updates this document as regulatory pro gram areas change.

The information in this docume  ntmay not necessarily reflect the current position of the Agency. This document is
not intended and cannot be relied upon to create any rights, substantive or procedural, enforceable by any party in
litigation with the United States.
                          RCRA, Superfund & EPCRA Hotline Phone Numbers

            National toll-free (outs ide of DC area)                            (800) 424-9346
            Loca I num ber (with! n DC a rea)                                   (703) 412-9810
            National toll-free for the hearing impaired (TDD)                    (800) 553-7672
                          The Hotline is open from 9 am to 6 pm Eastern Time,
                           Monday through Friday, except for federal holidays.

1. Introduction 	  1

2. Program Summaries 	  3
   2.1 Clean Air Act	  3
   2.2 Clean Water Act	  8
   2.3 Safe Drinking Water Act	 11
   2.4 Federal Insecticide, Fungicide, and Rodenticide Act	 12
   2.5 Toxic Substances Control Act	 12
   2.6 Emergency Planning and Community Right-to-Know Act	 15
   2.7 Pollution Prevention Act	 15
   2.8 Comprehensive Environmental Response, Compensation, and
      Liability Act 	 16


                                                   Other Laws That Interface With RCRA - 1
                           1.  INTRODUCTION
As a trainee near the end of the Hotline's Resource Conservation and Recovery Act
(RCRA) training program, you are well on your way to becoming an expert in EPA's
solid waste, hazardous waste, and underground storage tank regulations. You
probably feel that you have a vast amount of information to master  and you are
right. But imagine yourself as the environmental manager of a large manufacturing
facility. In such a position, you would need to master much more than the hazardous
and solid waste regulations. Most members of the regulated community need to ensure
compliance with a variety of complex federal and state environmental requirements.

RCRA is just one piece of a larger network of environmental laws and their regulations
that work together to protect our nation's natural resources and public health. Often
callers on the RCRA Hotline do not pose their questions in terms of hazardous and
solid waste regulations, but rather in terms of the larger context of environmental
regulations. As an Information Specialist, you need to develop your ability to respond
to these callers effectively by identifying and responding to the parts of the caller's
inquiry that are RCRA issues and appropriately referring callers with questions that are
outside the purview of the Hotline.

This training module provides a brief overview of some of the major environmental
laws that interface with RCRA. As a RCRA Information Specialist, you should not
answer in-depth questions about these other laws, but you should be able to use
Hotline resources to refer callers to appropriate sources of information.  You should
also be fully conversant in the interactions between these laws and the RCRA program.
This module focuses on seven laws implemented by EPA:

     Clean Air Act (CAA)
     Clean Water Act (CWA)
     Safe Drinking Water Act (SDWA)
     Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
     Toxic Substances Control Act (TSCA)
     Emergency Planning and Community Right-to-Know Act (EPCRA)
     Pollution Prevention Act (PPA)
     Comprehensive Environmental Response, Compensation, and Liability Act
      (CERCLA, or Superfund).

These laws constitute only a portion of the entire regulatory scheme EPA administrates,
but they are the environmental laws that most directly impact the RCRA program.
Your training session will also cover regulations administered by other agencies that
interface with RCRA, such as health and safety requirements under the Occupational
Safety and Health Administration (OSHA), and the hazardous materials transportation
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

2 - Other Laws That Interface With RCRA
requirements administered by the Department of Transportation. Figure 1 depicts the
federal regulatory programs that you are likely to hear mentioned by RCRA or
document callers.

                                         Figure 1

 Occupational Safety
     and Health
      Safety and
       Health Act
             Fungicide, and
             Rodenticide Act
         Pollution       EPCRA
   Toxic    Act
Substances       CERCLA
                                                                            40 CFFT
        40 CFR                40 CFR
        702-799                350-372
  The information in this document is not by any means a complete representation of EPA's regulations or policies,
                   but is an introduction to the topic used for Hotline training purposes.

                                                    Other Laws That Interface With RCRA - 3
                       2.   PROGRAM SUMMARIES
Each section discussing an environmental law begins with a brief overview of the major
provisions of the regulatory program, then covers interfaces with RCRA in detail.

The Clean Air Act's (CAA) goals are to protect and enhance the quality of the nation's
air, and to promote the public health and welfare and the productive capacity of its
population.  The Act is divided into seven titles, or sections. Each title creates one or
more programs that regulate various types of air emissions, including obvious air
emission sources such as incinerators and automobiles, as well as less obvious sources
such as air stripping and other waste treatment technologies.

This discussion of the CAA focuses on those programs that interface with RCRA, as
well as those programs most frequently mentioned on the Hotline. The CAA programs
that are likely to interface with RCRA include the National Ambient Air Quality
Standards, the New Source Performance Standards, the National Emissions Standards
for Hazardous Air Pollutants, and the Stratospheric Ozone Protection Standards. In
addition, the Act also contains provisions concerning mobile sources of air pollution
(e.g., automobile emissions) and acid deposition. Although these programs do not
directly relate to RCRA, they affect many people and the Hotline may receive calls
related to these programs. Consequently, Information Specialists should recognize
these questions and refer callers to the appropriate EPA resources.


Title I of the CAA requires EPA to promulgate national ambient air quality standards
(NAAQS). These standards address the general air quality in a geographic area rather
than at a  specific emission point.  NAAQS represent acceptable environmental levels for
"criteria pollutants" that EPA determines pose a threat to public health or welfare. To
carry out this mandate, EPA requires each state to identify areas that have attained
NAAQS for  these criteria pollutants (classified as "attainment areas") and those that
have not (classified as "nonattainment areas").  EPA also requires each state to submit a
State Implementation Plan (SIP) showing how NAAQS will eventually be achieved in
nonattainment areas and will be maintained in attainment areas. To implement SIPs,
states must regulate certain point source emission sites. These SIP point source
standards must be consistent with federal, EPA-enforced point source emission
requirements, known as new source performance standards (NSPS).
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

4 - Other Laws That Interface With RCRA
NAAQS are not enforceable in and of themselves. Any substantive standards contained
within the SIP are, however, federally enforceable. Since new sources, such as
hazardous or municipal solid waste incinerators or waste treatment operations, can
raise emissions in an area above the NAAQS for particular pollutants, they may be
affected by SIPs. In order to accommodate this type of change in emission levels, the
CAA allows for existing sources to reduce their collective emissions to "make room" for
the new source. New sources must also comply with other requirements, such as
setting a state-approved lowest achievable emission rate.

In attainment areas, the CAA requires a prevention of significant deterioration program
(PSD) to ensure the area does not slide backward into nonattainment. The program
(called the primary control strategy) regulates the construction of new sources and
major modifications to existing sources. PSD requirements will affect RCRA facilities
that constitute major new sources of air emissions and RCRA facilities undergoing
modifications in an attainment area.


Under CAA 111, EPA is authorized to establish new source performance standards
(NSPS) to impose federal technology-based requirements on emissions from new or
modified major stationary sources of pollution.  EPA has established NSPS for a
number of industry categories including municipal waste combustors, Portland cement
plants, asphalt concrete plants, incinerators, petroleum refineries, and municipal solid
waste landfills (MSWLFs). The purpose of the NSPS for emissions  is to ensure that
certain EPA-identified sources are designed, built, and operated in a manner that
reflects the best demonstrated technology and retains economic feasibility in a uniform
manner across the country.


National Emission Standards for Hazardous Air Pollutants (NESHAPs) are point-source
standards promulgated under CAA 112 for substances EPA identified as hazardous air
pollutants (HAPs).  Before 1990, the CAA directed EPA to establish HAPs and to
regulate the air emission sources that emitted HAPs (e.g., inorganic arsenic emissions
from glass manufacturing plants). The CAA Amendments of 1990  greatly expanded the
role of NESHAPs, adding a list of 189 new HAPs and a schedule for EPA to designate
174 HAP source categories by the year 2000.

Under 112, EPA is required to identify major and area sources of HAPs and to
promulgate regulations establishing emission standards for each category. The statute
requires emission standards to reflect the maximum degree of reduction in emissions
that EPA determines to be achievable, accounting for the cost of achieving such
emission reduction and any non-air quality health and environmental impact and
energy requirements.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                    Other Laws That Interface With RCRA - 5

CAA Title VI (608), added in 1990, directs EPA to promulgate regulations to reduce the
rate of depletion of the ozone layer. The 1990 amendments phase out the production
and consumption of ozone-depleting substances, such as chlorofluorocarbons (CFCs);
authorize EPA to ban nonessential products containing those substances; require
labeling of products manufactured with those products; and regulate the replacement
of CFCs with substitutes. Questions regarding the specific requirements of this section
are answered by the Stratospheric Ozone Information Line.


In 1970, Congress established allowable levels of automobile emissions and authorized
EPA to control pollutants from fuel and fuel additives.  The 1990 CAA Amendments
establish lower emission standards for automobiles and other vehicles. The
amendments also contain new provisions for alternative fuels and for the use of "clean
fuel" vehicles.

The CAA requirements related to mobile sources do not directly interface with RCRA
requirements; however, the Hotline does receive frequent calls related to these program
areas. Typical questions include, "Where is the requirement for EPA approval of my
catalytic converter?" or "What additives are required to be in gasoline?"  These
questions, as well as any other question related to automobile pollution, can be referred
to EPA's Office of Mobile Sources.


Title IV of the Act, added in 1990, contains new requirements for electric utilities to
address acid rain issues. The amendments include stringent sulfur dioxide controls on
new and existing plants. These requirements also create a commodities market that
allows facilities subject to these requirements to freely trade pollution allowances. The
Hotline receives  numerous inquiries related to acid rain and its environmental effects.
Callers interested in obtaining information on this topic should contact the Acid Rain


As a result of amendments made in 1990, the CAA sets forth requirements for
stationary sources (i.e., facilities) storing or handling more than a specified quantity of a
regulated substance to develop and implement a facility-specific risk management
program to prevent accidental releases of such substances into the atmosphere and
reduce their potential impact on the public and the environment.  The risk management
program will include an analysis of the potential off-site consequences of an  accidental
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

6 - Other Laws That Interface With RCRA
release, a 5-year accident history, a release prevention program, and an emergency
response program.

The current list of regulated substances that triggers the RMP requirements consists of
140 chemicals. Many of these chemicals may also be RCRA hazardous wastes. Solid
and hazardous waste facilities, therefore, may be subject to the RMP regulations.


RCRA and CAA are both voluminous and complex laws, creating a number of
extensive regulatory programs. Because both laws deal with highly technical issues,
Hotline calls that require an understanding of the ways RCRA interfaces with the CAA
can be quite challenging.

Solid Waste Management

The 1990 CAA Amendments added 129, governing emissions from solid waste
incineration units. The statute requires EPA to promulgate standards establishing
numerical emission limitations for certain substances and categories of substances listed
in the statute. These limitations must comply with the same standards as those
established for HAPs in 112.

Gaseous emissions from solid waste landfills also poses a threat to air quality. EPA has
proposed NSPS for landfill gas that will impose controls on these emissions.

RCRA/CAA Air Emission Standards for TSDFs

RCRA 3004(n) directs EPA to establish "...regulations for the monitoring and control of
air emissions at hazardous waste treatment, storage, and disposal facilities...as
necessary to protect human health and the environment."  The selection of TSDF air
emission sources for control by establishing air standards under RCRA is based on
controlling those TSDF air emission sources determined by EPA to have significant
toxic and ozone precursor emission potential, but for which emission control is not
adequately addressed by other CAA standards such as NESHAP and NSPS.

Pursuant to this mandate, EPA developed a RCRA air emissions program focusing on
the control and containment of organic emissions from hazardous waste management
activities. The RCRA program establishes standards for process vents (Part 264/265,
Subpart A A), equipment leaks (Part 264/265, Subpart BB), and cover requirements for
certain hazardous waste management units (Part 264/265, Subpart CC).

CAA 112 requires EPA to identify major sources and area sources of hazardous air
pollutant emissions and to develop NESHAPs for these sources. To date, EPA has
either promulgated or proposed several NESHAP regulations that may apply to some

 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                   Other Laws That Interface With RCRA - 7
hazardous waste management activities at facilities already regulated by the RCRA air
emission standards. Generally, the types of waste and material recovery operations
that are affected by the NESHAP requirements are either not subject to, or exempt from,
regulation under the RCRA air standards. In promulgating future NESHAP
regulations, EPA will consider any existing air emissions requirements under RCRA. It
is possible, however, to have some overlap between the two programs.

For example, on-site wastewater treatment operations at synthetic organic chemical
manufacturing industry facilities are regulated under the hazardous organic NESHAP
(HON). At many of these facilities, the hazardous wastewaters generated by the
process units and resulting wastewater treatment sludges are managed in tank systems
that are exempted from RCRA permitting requirements. Thus, the air emission control
requirements under HON, in most cases, affect wastewater treatment tanks not subject
to RCRA air standards. In cases where these regulations may overlap, EPA will seek
comment on how best to integrate these rules.

Cement Kiln Dust

On February 7,1995, EPA announced the final regulatory decision regarding cement
kiln dust (CKD).  EPA found that CKD warranted additional control to protect human
health and prevent environmental damage resulting from the current disposal of CKD.
EPA proposed a new approach for the management of CKD waste that is currently
excluded from the definition of hazardous waste under 261.4(b)(8) (64 FR 45632;
August 20,1999). CKD would remain a nonhazardous waste provided that it is
managed in landfills that meet proposed groundwater protection and fugitive dust
control standards (proposed 40 CFR Part 259). EPA also proposed new RCRA Subtitle
C regulatory standards for CKD that is not managed according to the conditions of the
exclusion (proposed Part 266, Subpart I).

Hazardous Waste Combustion Units

One of the goals of EPA's Strategy for Hazardous Waste Minimization and Combustion
is to strengthen the existing standards for hazardous waste incinerators, boilers, and
industrial furnaces. Under 112, EPA has established NESHAPs for the hazardous
waste burning incinerators, cement kilns, and lightweight aggregate kilns (64 FR 52828;
September 30,1999). The standards limit emissions of chlorinated dioxins/furans, other
toxic organic compounds, toxic metals, hydrochloric acid, chlorine gas, and particulate
matter. The compliance date for the promulgated standards is September 30, 2002.
Emission standards for the remaining types of boilers and industrial furnaces will be
proposed in 2001.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

8 - Other Laws That Interface With RCRA
Chlorofluorocarbons (CFCs)

RCRA regulations at 40 CFR 261.4(b)(12) exclude used CFC refrigerants from totally
enclosed heat transfer equipment that use the CFCs as the heat transfer fluid in a
refrigeration cycle, provided the refrigerant is reclaimed for further use. The CAA
requires the use of service practices that maximize the recycling of ozone-depleting

The Clean Water Act (CWA) sets the framework for a comprehensive program for
water pollution control. These regulatory programs are well established. The goals of
the Act are to eliminate the discharge of pollutants into surface waters, and to achieve a
level of water quality which "provides for the protection and propagation of fish,
shellfish and wildlife" and "for recreation in and on the water." The Act also establishes
a national policy that prohibits the discharge of pollutants in toxic amounts. In order to
achieve  the goal of "swimmable, fishable" waters, the CWA contains a broad range of
regulatory tools and mechanisms designed to attain the statutory objectives and goals.
These tools include:

     A complementary system of pretreatment requirements applicable to facilities
      that discharge to publicly owned treatment works (POTWs)

     A system of technology-based effluent limits establishing treatment required for
      direct industrial discharges and POTWs

     A permit program which includes effluent limitations, notifications and
      reporting requirements, and enforcement provisions

     A set of specific provisions applicable to certain toxic and other pollutant
      discharges of particular concern or special character.

CWA 307(a) establishes the list of toxic pollutants (commonly referred to  as "priority
pollutants")  subject to these CWA programs. Descriptions of these CWA programs


CWA 307(b) requires EPA to develop and promulgate pretreatment standards for the
discharge of pollutants into municipal wastewater treatment plants, often referred to as
POTWs. Under the CWA, all industrial dischargers to POTWs must comply with
general  pretreatment standards and may be required to comply with industry-by-
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

                                                   Other Laws That Interface With RCRA - 9
industry ("categorical") standards. The purpose of pretreatment standards is to avoid
the introduction of pollutants into POTWs that pass through, interfere with, or are
otherwise incompatible with such treatment works. Many industrial facilities that
comply with the RCRA requirements are also subject to these pretreatment


CWA 402 imposes limitations on pollutant discharges through the National Pollutant
Discharge Elimination System (NPDES).  Under the NPDES program, any person
responsible for the discharge of a pollutant into any water of the United States from any
point source must apply for and obtain a permit. NPDES permits set pollutant-specific
discharge limits, require monitoring and reporting, and set schedules of compliance.


The CWA regulates non-point source pollution through stormwater discharge
requirements. Point source discharges are emitted from specific locations, such as pipes
or drains. Non-point source discharges are releases without a single point of origin, or
which are not introduced into a receiving stream from a specific outlet. Examples of
non-point source discharges include stormwater run-off from a paved parking lot or
agricultural residue from a field.  Recently, EPA issued general permits for stormwater
discharges associated with industrial activity. Hazardous waste treatment, storage, and
disposal facilities; landfills and land application sites; and certain recycling facilities are
covered under these requirements.


This section provides details about some CWA requirements that interface with RCRA.
When you receive questions about the following CWA topics, you must ensure that you
have answered the RCRA portion of the caller's questions before referring the caller to
other sources of CWA information.

Domestic Sewage

Hazardous waste that mixes with sanitary waste in a sewer system leading to a POTW
is excluded from the RCRA hazardous waste management requirements pursuant to
the domestic sewage exclusion (261.4(a)(l)(ii)). Although the waste is excluded under
RCRA when it enters the sewer system, it must meet any applicable CWA pretreatment
standards. These pretreatment standards will be dictated by the particular POTW that
will ultimately handle the discharged waste.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

10 - Other Laws That Interface With RCRA
Industrial Wastewater

The industrial wastewater discharge exclusion at 261.4(a)(2) applies to the point source
discharge of a material covered under CWA 402 (NPDES).  Therefore, an industrial
facility may be able to take advantage of the industrial wastewater discharge exclusion
if it possesses an NPDES permit and is in compliance with the permit requirements.
Management of any hazardous waste prior to discharge must be in compliance with

Wastewater Treatment Units

The RCRA Hotline receives many questions about the wastewater treatment unit
exclusion. Wastewater treatment units are defined as tanks or tank systems that are
part of a facility subject to the CWA (260.10). Therefore, if a facility has an NPDES
permit or discharges to a POTW and has a tank system that is used to store or treat
hazardous wastewater, the unit is exempt from RCRA permitting requirements
(264.1(g)(6) and 265.1(c)(10)).


CWA terms may also arise from callers with questions pertaining to 270.60 permit- by-
rule provisions for POTWs that accept hazardous waste for treatment. This provision
allows POTWs that manage hazardous waste to be exempt from the RCRA permitting
requirements, provided that the POTW complies with an NPDES permit and a minimal
number of RCRA regulations, including use of the manifest system and the acquisition
of an EPA identification number.

Land Disposal Restrictions

The dilution prohibition states prohibited hazardous wastes cannot be diluted to meet
the treatment standards (268.3). Until recently, however, prohibited characteristic
wastes (that had not been assigned technology-based treatment standards) could be
diluted in a CWA-regulated system because EPA reasoned that the CWA provided
adequate treatment without dual regulation under RCRA.

A 1992 court decision required EPA to promulgate more stringent requirements for all
characteristic wastes. EPA examined whether treatment in CWA systems was truly
addressing all potential environmental pathways (i.e., not just water, but soil and air) to
protect human health and the environment. In the Land Disposal Restrictions (LDR)
Phase III Final Rule, EPA stated that LDR treatment standards apply to characteristic
wastes that are sent to a CWA system, because the wastes are prohibited under LDR
from the point of generation, even though the wastes are excluded subsequent to the
point of generation.  The Land Disposal Program Flexibility Act of 1996, however,
amended RCRA to exempt from LDR non-listed characteristic hazardous waste if such

 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                   Other Laws That Interface With RCRA - 11
waste is decharacterized prior to treatment in a CWA system that subsequently
discharges to waters of the United States pursuant to a CWA permit, undergoes
pretreatment for purposes of compliance with effluent standards under the CWA, or is
treated in a zero-discharge system engaged in CWA-equivalent treatment.

Requirements for Discharges of RCRA Wastes

On July 24,1990, EPA promulgated regulations that revised the general pretreatment
and NPDES regulations in 40 CFR Parts 122 and 403. These revisions were made
pursuant to CWA 307(b) and 402(b) and RCRA 3018(b). Effective August 23,1990,
specific discharges were prohibited unless the wastestreams were first treated.  The
prohibited wastestreams include RCRA ignitable and reactive wastes. In addition,
403.5(b) had already prohibited materials with a pH lower than 5.0 (a material with a
pH less than or equal to 2.0 is considered a corrosive waste under 261.23(a)(l)). These
provisions often require treatment at RCRA facilities. This treatment must occur in
appropriate RCRA units or RCRA exempt units (e.g., an exempt elementary
neutralization unit under 264.l(g) or 265.l(c)).

In addition to these substantive requirements, industrial users of POTWs must provide
written notification to the POTW, the EPA Regions, and the state hazardous waste
authorities  "of any discharge which, if otherwise disposed of, would be a hazardous
waste under 40 CFR Part 261." Moreover, if the discharge is of more than 100 kilograms
of hazardous waste, the industrial user must include information about the hazardous
waste constituents, mass, and concentrations, and estimate these amounts for the
following 12 months.

The objective of the Safe Drinking Water Act (SDWA) is straightforward  to protect
human health from contaminants in drinking water. The SDWA term most frequently
encountered by RCRA Information Specialists is "maximum contaminant levels"
(MCLs). MCLs are contaminant-specific, enforceable standards set for contaminants
that EPA has determined have an adverse effect on human health above certain levels.
MCLs are often used as a basis for developing groundwater protection and cleanup
standards at RCRA corrective action sites.

The SDWA's most direct impact on industry is through regulation of underground
injection to protect usable aquifers from contamination. Underground injection
involves the permanent disposal of waste, including RCRA hazardous waste, by
depositing it into the subsurface of the earth a quarter of a mile below any aquifer that
is an underground source of drinking water. Under the underground injection control
(UIC) program, owners and operators of certain classes of underground injection wells
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

12 - Other Laws That Interface With RCRA
are required to obtain and adhere to the requirements of operating permits. The permit
applicant must prove to the state or federal permitting authority that operation of the
underground injection well will not endanger drinking water sources.

To avoid duplicative regulations, the RCRA program generally defers to the UIC
program, and exempts permitted UIC wells from the RCRA permitting requirements
(264.1(d)). RCRA allows these facilities' non-RCRA permit to serve in place of a RCRA
permit provided that such facilities are in compliance with that permit and other RCRA
administrative requirements. Additionally, these facilities may be subject to the RCRA
waste minimization requirements and LDR treatment standards.

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulates the
registration and labeling of pesticides. A pesticide is defined as any substance intended
for "preventing, destroying, repelling or mitigating any pest," and substances intended
for "use as a plant regulator, defoliant, or desiccant." Before a pesticide can be
manufactured, distributed, or imported, it must be registered with EPA. This involves
the submittal of the pesticide formula, a proposed label, and a full description of the
tests performed and their results.

RCRA defers to FIFRA-imposed labeling instructions in a number of situations.  First, a
farmer disposing of waste pesticides that are hazardous is not required to comply with
the RCRA requirements, provided the farmer triple rinses each emptied pesticide
container and disposes of the pesticide residues on his or her own farm in a manner
consistent with the disposal instructions on the pesticide label (262.70). Second,
commercial chemical products, such as pesticides, are excluded from the definition of
solid waste if they are applied  to the land and that is their original manner of use
(261.2(c)(l)(ii)). Third, the universal waste rule creates special management standards
in 40 CFR Part 273 for the management of hazardous waste pesticides that are either
recalled or collected in waste pesticide collection programs.

Congress enacted the Toxic Substances Control Act (TSCA) to control the manufacture,
distribution, use, and disposal of harmful chemicals.  Through TSCA Congress
established a number of requirements and authorities for identifying and controlling
toxic chemical hazards posing risks to human health and the environment. TSCA gives
EPA the authority to gather certain kinds of basic information on chemical risks from
those who manufacture and process chemicals. The law also enables EPA to require

 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                  Other Laws That Interface With RCRA - 13
companies to test selected existing chemicals for toxic effects and requires the Agency to
review most chemicals before they are manufactured. Because TSCA deals with toxic
chemicals, there are several overlaps with the RCRA regulations and misdirected callers
frequently call our Hotline with TSCA questions.


TSCA requires manufacturers or importers of new chemicals to notify EPA 90 days
before manufacturing or importing a new chemical.  Any chemical that is not listed on
the inventory of existing chemicals is considered "new" for purposes of the
premanufacture notice.

In addition, EPA may designate a use of a chemical as a significant new use, based on
consideration of several factors, including the anticipated extent and type of exposure
to human beings or the environment. Anyone who intends to manufacture, import, or
process a chemical for such a significant new use, even if the chemical is on the
inventory and/or went through premanufacture notification review, must notify EPA
90 days prior to manufacturing, importing, or processing the chemical for that use.


Under TSCA, EPA has the authority to prohibit or limit the manufacture, import,
processing, distribution in commerce, use, or disposal of a chemical when these
activities are found to pose an unreasonable risk of injury to human health or the
environment. A number of possible control options are available, ranging from total
prohibition to labeling.


TSCA provides EPA with the authority to compile an inventory of existing chemical
substances. The first inventory was published in 1979, based on information reported
to EPA by chemical manufacturers, importers, and processors. Currently, the inventory
consists of over five million chemical substances, but most are research and
development chemicals that are not commercially used. Out of the millions of
chemicals on the inventory, only about 58,000 are used commercially.

TSCA also requires any person who manufactures, processes, or distributes in
commerce any chemical substance or mixture to keep records of significant adverse
reactions to health or the environment that allegedly were caused by the chemical. If
the chemical industry has information that indicates  the presence of a substantial risk of
injury to human health and the environment, EPA must be notified.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

14 - Other Laws That Interface With RCRA

It is important to clarify the distinction between the RCRA and TSCA authorities and
their purpose. TSCA provides the authority to regulate the disposal stage of a
chemical's life cycle on a chemical-by-chemical basis, once a particular chemical is
determined to be an unreasonable risk to human health and the environment.  RCRA
provides the authority to establish regulations and programs to ensure safe waste
treatment and disposal of any number of chemicals and generally deals with
wastestreams rather than individual chemicals.

Polychlorinated Biphenyls (PCBs)

In TSCA, Congress singled out PCBs for immediate regulation and phased withdrawal
from the market. EPA may authorize certain uses of PCBs and may exempt, pursuant
to certain TSCA criteria, specific activities involving the manufacturing, processing, or
distribution in commerce of PCBs. TSCA governs many aspects of PCB management,
including the cleanup of spills, storage, and disposal.

TSCA's PCB disposal regulations vary according to the physical form of the
contaminated material (i.e., liquid vs. non-liquid) and whether the material is defined as
"PCB-contaminated equipment," for concentrations between 50 and  500 parts per
million (ppm), or simply PCBs, for concentrations above 500 ppm. PCB contamination
below 50 ppm is not regulated by TSCA, except under special circumstances.  To ensure
safe disposal practices  for regulated PCBs and PCB-contaminated equipment, TSCA
may require treatment by incineration or another approved method, or placement in a
TSCA-approved chemical waste landfill.

Discarded PCBs alone  are not RCRA hazardous wastes. PCBs are not listed among the
F, K, P, or U-lists of hazardous waste, nor are they among the toxic characteristics that
could cause a waste to  exhibit the characteristic of toxicity under 261.24.  PCBs may be
subject to RCRA regulations in addition to TSCA regulations, however, when present in
wastes which are themselves RCRA listed or characteristic hazardous wastes.

RCRA  hazardous wastes that contain PCBs are subject to all applicable Subtitle C
regulations, including manifesting, treatment, storage, disposal, and recordkeeping
requirements. PCB-containing RCRA  hazardous wastes are also subject to certain
LDRs.  For example, PCBs are considered underlying hazardous constituents and must
be treated to meet the universal treatment standard when present in characteristic
hazardous waste.

Certain PCB-containing wastes are exempt from the RCRA requirements.  PCB-
containing dielectric fluid and the electronic equipment which holds the fluid are
exempt from RCRA regulations under 261.8 when regulated by TSCA standards under
Part 761. The fluid and equipment meet the exemption if they contain PCBs and are

 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                  Other Laws That Interface With RCRA - 15
hazardous under RCRA only because they exhibit the toxicity characteristic for an
organic toxic constituent (waste codes D018 - D043).

The primary purpose of the Emergency Planning and Community Right-to-Know Act
(EPCRA) is to inform citizens about the chemical hazards present in their communities.
Sections 311 and 312 of EPCRA require certain facilities to report, by March 1 of each
year, the locations and quantities of chemicals stored on-site to state and local
authorities. This helps communities prepare to respond to chemical spills and similar
emergencies.  Thus, reducing the risk for communities as a whole.

EPCRA 313 requires certain facilities, including RCRA TSDFs and solvent recovery
facilities, to report releases of more than 600 designated toxic chemicals to the
environment. The reports must be submitted to EPA and the designated state agency
by July 1 of each year. The reported data is then compiled in an on-line, publicly
accessible national computerized system, known as the Toxics Release Inventory (TRI).

In addition to the inventory reporting requirements, EPCRA also requires facilities to
report accidental chemical releases to state and local authorities.  As RCRA Information
Specialists, you should not try to assist generators and TSDFs with questions about
EPCRA, but should transfer them to an EPCRA Information Specialist.

The Pollution Prevention Act of 1990 (PPA) established pollution prevention as a
national objective, and required EPA to develop and implement a strategy to promote
source reduction.  The PPA defined pollution prevention as source reduction and other
practices that reduce or eliminate the creation of pollutants through increased efficiency
in the use of raw materials, energy, water or other resources, or protection of natural
resources by conservation. In the PPA, Congress declared that pollution prevention is
the highest tier in a hierarchy of acceptable industrial management practices. The
pollution that cannot be prevented should be recycled. If it is not feasible to prevent or
recycle, pollution should be treated. Disposal or release into the environment should be
used only as a last resort.

EPA's Office of Solid Waste incorporated this scheme into their strategy for hazardous
waste minimization and combustion. Although the PPA may affect many RCRA-
regulated facilities, the PPA did not actually amend RCRA in any way. The PPA did,
however, add to the reporting requirements of the Emergency Planning and

  The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

16 - Other Laws That Interface With RCRA
Community Right-to-Know Act (EPCRA). Under the PPA, facilities required to file an
annual EPCRA Toxic Chemical Release Form for any toxic chemical are also required to
provide information on the pollution prevention and recycling activities associated with
the reported toxic chemical. Callers inquiring about the PPA may wish to be
transferred to EPCRA Information Specialists for more information.

In February 1991, EPA published its Pollution Prevention Strategy to incorporate
pollution prevention objectives into every aspect of its already existing programs.
Although not an official rulemaking, the Pollution Prevention Strategy set forth a
national pollution prevention model and established a voluntary program for
companies to reduce environmental releases of 17 priority chemicals by at least 50
percent by the end of 1995. EPA will use the data from the EPCRA Toxics Release
Inventory to track the progress of these pollution prevention efforts.


A major new development that will likely have a greater impact on pollution
prevention is the Common Sense Initiative. On July 20,1992, EPA announced a new
approach toward protecting human health and the environment.  The goal of this
program, called the "Common Sense Initiative," is to focus on changing the current
pollutant-by-pollutant regulatory scheme to an industry-by-industry approach. EPA
has found that the current regulatory framework  which addresses separate
environmental media (air, water, land)  has often had the effect of shifting pollution
from one place to another and precluding the use of innovative environmental controls.
The Common Sense Initiative will focus on looking for alternatives to the current
system of environmental regulation in six pilot industries to establish a comprehensive
blueprint for achieving environmental protection. These industries are auto
manufacturing,  computers and electronics, iron and steel, metal plating and finishing,
oil refining, and printing. EPA has established teams consisting of government officials,
leaders in environmental interest groups, labor representatives, and industry executives
to examine the full range of environmental requirements impacting the pilot industries.
Each team will develop recommendations for achieving better, more efficient
environmental protection in their industry.


The Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA), enacted in 1980, provides comprehensive federal response authority to
address the problem of uncontrolled hazardous waste.  In general, CERCLA is designed
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                  Other Laws That Interface With RCRA - 17
     Give the federal government the authority to take action to respond to releases
      or threats of releases of hazardous substances, pollutants, and contaminants

     Develop a comprehensive program to prioritize hazardous waste sites

     Identify and compel potentially responsible parties (PRPs) to conduct and/or
      pay for those cleanups whenever possible

     Advance scientific and technological capabilities in all aspects of hazardous
      waste management, treatment, and disposal.

CERCLA established a Hazardous Substances Response Trust Fund, known as the
Superfund. The Trust Fund is supported by appropriations from Congress, interest
earned, and money recovered from responsible parties. The Superfund program was
founded on the premise that the polluter pays for the problems created. CERCLA was
specifically designed to ensure that cleanup costs are assumed by PRPs up front when
possible, and that Trust Fund money is available to fund cleanup when EPA cannot
identify the responsible parties, when the responsible parties are bankrupt, or
negotiations with responsible parties are not successful. In the latter case, EPA will use
Trust Fund money to finance the cleanup, and then pursue the costs from PRPs through
legal action.

CERCLA, which was subsequently amended by the Superfund Amendment and
Reauthorization Act (SARA) in 1986, applies to releases or threats of releases of
hazardous substances, pollutants, or contaminants. CERCLA hazardous substances
include all RCRA hazardous wastes as well as substances listed by other statutes, such
as TSCA, the CWA, and the CAA. The CERCLA hazardous substances are listed in
302.4. Since the list of CERCLA hazardous substances includes all RCRA hazardous
wastes, EPA has the  authority to respond to releases of hazardous wastes and to clean
up hazardous wastes present at Superfund sites. Figure 2 depicts the relationship
between CERCLA hazardous substances and RCRA hazardous wastes.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

18 - Other Laws That Interface With RCRA
                                     Figure 2:
CERCLA requires persons that release any hazardous substances into the environment
in certain amounts to report those releases to the National Response Center. This
Center will dispatch an emergency response team if the release poses a threat to human
health or the environment.  Reports made to the National Response Center are one way
that EPA learns about potential Superfund sites. Other ways in which EPA learns about
sites include reports from citizens and investigations conducted by state, local, and
federal agencies. EPA enters data about all potential sites into the CERCLA
Information System (CERCLIS).

EPA conducts site investigations at all sites in CERCLIS. EPA or state contractors
gather data about the site and rate the threat the site poses to human health and the
environment using a mathematical model known as the Hazard Ranking System (HRS).
Sites that receive an HRS score of 28.5 or greater are proposed for the National Priorities
List (NPL), the list of sites that require federal action. The NPL listing process is
conducted as a rulemaking, and public comment is solicited and evaluated before sites
are actually put on the NPL. Currently, the NPL contains over 1200 sites that are at
some stage in the cleanup process.

The procedures for evaluating, listing, and selecting the appropriate cleanup action for
Superfund sites are embodied  in a set of regulations known as the National
Contingency Plan (NCP), which is codified in 40 CFR Part 300. The NCP sets forth
stringent criteria for selecting an appropriate remedy to implement at a Superfund site.
In part, EPA borrows the requirements of other environmental laws to determine what
cleanup will be appropriate and govern how the cleanup should be conducted. These
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                 Other Laws That Interface With RCRA - 19
borrowed standards are called applicable or relevant and appropriate requirements
(ARARs). ARARs are used in conjunction with risk-based goals to govern Superfund
response activities and to establish cleanup goals. For instance, if it is appropriate to
treat certain hazardous waste and then place the residues in a landfill on the site, RCRA
LDR treatment standards dictate the technology used or the standard achieved. As you
can imagine, the Superfund remedy selection and implementation process often
prompts Hotline calls that contain both RCRA and CERCLA elements.


RCRA and CERCLA are built on the common goal of protecting human health and the
environment from the dangers of improperly managed wastes and hazardous
substances. The statutes employ two fundamentally different approaches to attain this
goal. RCRA primarily employs a regulatory, preventative approach, which mandates
stringent management of waste from generation to final disposal. CERCLA takes a
response approach, which authorizes reporting and cleanup when there has been a
breakdown in the hazardous substance and waste management system. CERCLA also
reaches back in time to address sites that were contaminated prior to the passage of
RCRA. The RCRA corrective action and CERCLA cleanup programs overlap, in that:

     RCRA standards often apply as ARARs to remedies selected under CERCLA.
      For instance, CERCLA cleanup actions must comply with all RCRA requirements
      when hazardous waste is transported  off the CERCLA site, and with the
      substantive requirements of the RCRA program when hazardous waste is on the

     RCRA authorizes a corrective action program that applies when the preventive
      management standards have failed at  a RCRA facility. RCRA corrective action
      and CERCLA actions may be evoked under similar circumstances.

Under CERCLA 106, EPA has the authority to abate an imminent or substantial danger
to public health or the environment that results from a hazardous substance release.
The authority under RCRA 7003 is essentially the same, except that RCRA's imminent
hazard provision addresses nonhazardous as well as hazardous waste releases. In an
enforcement action, the CERCLA and RCRA imminent hazard provisions may be used
in tandem to strengthen the government's case.

The RCRA and Superfund cleanup programs follow roughly parallel procedures in
responding to releases, although different labels are applied to the procedures.  Both
programs have procedures for the following:

     Discovery of a release
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

20 - Other Laws That Interface With RCRA
     Examination of available data to determine if an emergency action is warranted

     Short-term measures to abate the immediate adverse effects of a release

     Investigation and formal study of long-term cleanup options

     Formal selection of a remedy.

Overall, the CERCLA response authority has a far broader reach than RCRA corrective
action. The RCRA provisions apply only to RCRA-regulated facilities. CERCLA, on the
other hand, can be used to require response work by any PRP at any place where there
is a release or potential release of a hazardous substance. Moreover, CERCLA
authorizes the use of EPA money or that of third parties for site cleanup, and EPA or
the third party can then seek reimbursement from PRPs.  The RCRA program can only
compel the responsible  parties to engage in a cleanup and has no funds to expend on
direct cleanup.


To conserve Superfund resources, EPA has maintained a policy of only undertaking
CERCLA responses at sites that cannot or will not be adequately addressed by another
remediation authority.  Consequently, instead of listing a site on the NPL, the Agency
often defers a site that otherwise meets the NPL criteria to another cleanup authority,
particularly the RCRA Subtitle C corrective action authorities.  EPA may also decide to
delete a site already listed on the NPL if it meets the following criteria:

     EPA deems deferral of the site is appropriate upon evaluation using EPA's
      current RCRA/NPL deferral policy

     The CERCLA site is currently being addressed under RCRA corrective action
      authorities under an existing enforceable order or permit containing corrective
      action provision

     Response under RCRA is  progressing adequately

     Deletion would not disrupt an ongoing CERCLA response action.

On the other hand, the Agency will not automatically defer all sites eligible for cleanup
under another authority. For example, the Agency will continue to include RCRA sites
not subject to Subtitle C corrective action authorities, such as generator and transporter
sites, on the NPL. There are also circumstances in which it may be appropriate to use
CERCLA authorities to  address facilities that are subject to RCRA corrective action but
at which necessary corrective actions under RCRA are unlikely to be performed. In
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                    Other Laws That Interface With RCRA - 21
these cases, the Superfund program can provide more immediate protection of human
health and the environment, and CERCLA's strong enforcement and liability provisions
can be invoked to pursue the responsible parties. The Agency has identified three types
of facilities that meet these criteria:

     Facilities owned by persons who are bankrupt

     Facilities that have lost interim status and for which there are additional
      indications that the owner/operator will be unwilling to undertake corrective

     Sites, analyzed on a case-by-case basis, whose owners/operators have shown an
      unwillingness to undertake corrective action.

In 1988, EPA clarified the deferral policy and added the following four categories of
RCRA facilities to those types of sites at which it will use CERCLA authority rather than
RCRA corrective action:

     Non- or late-filers  treatment, storage, or disposal facilities that managed
      hazardous waste after November 19,1980, but did not file Part A RCRA permit
      applications by that date and have little or no history of compliance with RCRA

     Converters   facilities that previously treated or stored hazardous waste, but
      have since converted to activities that do not require interim status and have
      therefore formally withdrawn their  Part A applications

     Protective filers  facilities that filed RCRA  Part A permit applications as a
      precautionary measure for treatment, storage, or disposal operations that do not
      require interim status and are not subject to RCRA Subtitle C corrective action

     Pre-HSWA permittees  sites holding permits issued before the enactment of
      the Hazardous and Solid Waste Amendments (HSWA).

These types of sites are either not subject to RCRA Subtitle C corrective action
authorities or are not high priorities under RCRA and would not be addressed
promptly by the RCRA corrective action program.  The Agency has therefore decided to
place these sites on the NPL if they meet the listing criteria so that, if necessary,
CERCLA authorities  are fully available.
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                 but is an introduction to the topic used for Hotline training purposes.

22 - Other Laws That Interface With RCRA

It is important that CERCLA site cleanups always progress in an environmentally
sound manner.  CERCLA's "off-site rule" states that no hazardous substance may be
transferred to a  RCRA facility if the RCRA facility has significant violations of
environmental laws that may affect its operation. This policy aims to ensure that there
are no future environmental threats posed by the management of CERCLA wastes.


Determining exactly which laws and regulations will affect a Superfund response is
somewhat different from determining the impact of laws and regulations on activities
that take place outside the boundaries of a Superfund site. For instance, for on-site
activities, CERCLA requires compliance with both directly applicable requirements (i.e.,
those that would apply to a given circumstance at any site or facility) and those that
EPA deems to be relevant and appropriate (even though they do not apply directly),
based on the unique conditions at Superfund sites.

RCRA hazardous waste regulations have the greatest likelihood of being applicable or
relevant and appropriate to CERCLA response actions.  RCRA ARARs come into play
when materials  meeting the regulatory definition of a hazardous waste, either because
they are listed or exhibit a characteristic, or materials that are  similar to hazardous
wastes are encountered at Superfund sites.

Applicable RCRA Requirements

In order for a RCRA requirement to be applicable to a Superfund response activity, the
materials managed must either be listed in the RCRA regulations or exhibit a hazardous
waste characteristic. RCRA requirements are only applicable to wastes defined as
hazardous. It is not always readily apparent whether a waste is hazardous, since it is
often necessary  to know the origin of a waste to determine if it is listed, and detailed
information about a waste's origin is not always available at CERCLA sites. Under such
circumstances, the lead agency will use available site information, storage records, and
other records to make a hazardous waste determination.

For wastes that are hazardous, a variety of substantive and administrative requirements
may be applicable if CERCLA site-specific activities coincide with the treatment,
storage, and disposal activities regulated under subtitle C. Potentially  applicable RCRA
standards include design and operating standards for units that treat, store, or dispose
of hazardous wastes; treatment standards for wastes that will be placed on the land;
groundwater monitoring requirements; and closure standards for treatment, storage,
and disposal units. RCRA administrative standards are also potentially applicable
when hazardous wastes are sent off-site for further management. Administrative
RCRA standards include the obligation to obtain permits at the off-site destination

 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.

                                                   Other Laws That Interface With RCRA - 23
facility; to keep various records at all hazardous waste treatment, storage, and disposal
facilities (TSDFs); and to include a hazardous waste manifest when sending hazardous
wastes off-site. No RCRA permits are required for actions that take place on a
Superfund site.

Relevant and Appropriate RCRA Requirements

Management of wastes that do not meet the definition of RCRA hazardous wastes may
trigger relevant and appropriate RCRA requirements, if the wastes are sufficiently
similar to hazardous wastes to warrant such standards.  For example, it could be
relevant and appropriate, prior to land placement, to subject wastes containing
significant concentrations of RCRA hazardous constituents (i.e., chemical constituents
found in listed or characteristic hazardous waste) to LDR treatment standards. The
mere presence of RCRA hazardous constituents in a CERCLA waste does not, however,
necessarily mean that the waste is sufficiently similar to a hazardous waste to trigger
relevant and appropriate RCRA standards. These types of questions cannot be
answered definitively by the Hotline. The EPA officials overseeing the cleanup must
make the final decision regarding the implementation of relevant and appropriate
 The information in this document is not by any means a complete representation of EPA's regulations or policies,
                but is an introduction to the topic used for Hotline training purposes.