United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(5305W)
EPA530-R-97-067
PB98-108228
November 1997
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
RCRA Statutory Overview
Updated July 1997
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DISCLAIMER
This document was developed by Booz'Allen & Hamilton Inc. under contract 68-WO-OQ39 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
tool on Hotline calls. The Hotline revises and updates this document as regulatory program areas change.
The information in this document may 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, Super-fund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (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.
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50272-101
REPORT DOCUMENTATION
PAGE
1. REPORT NO.
EPA530-R-97-067
0 2.
4. Title and Subtitle
RCRA, SUPERFUND, AND EPCRA HOTLINE TRAINING NODULE:
RCRA STATUTORY OVERVIEW
INTRODUCTION TO
5. Report Date
NOVEMBER 1997
6.
7. Author(s)
* 8. Performing Organization Kept. No
9. Performing Organization Name and Address
U.S. EPA
OFFICE OF SOLID WASTE
401 M STREET, SW
WASHINGTON. DC 20460
10. Project/Task/Work Unit No.
11. Contract(C) or Grant(G) No.
(C) 68-WO-0039
12. Sponsoring Organization Name and Address
BOOZ-ALLEN & HAMILTON
4330 EAST WEST HIGHWAY
BETHESOA, MARYLAND 20814
13. Type of Report & Period Covered
TRAINING - UPDATED 7/97
14.
15. Supplementary Notes
16. Abstract (Limit: 200 words)
ONE OF A SERIES OF NODULES DEVELOPED AS A TRAINING TOOL FOR HOTLINE SPECIALISTS. PRESENTS A BRIEF OVERVIEW OF THE
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA). EXPLAINS THE RELATIONSHIP BETWEEN RCRA STATUTORY LANGUAGE AND CODIFIED
REGULATORY LANGUAGE. DESCRIBES THE MAJOR COMPONENTS OF EACH SUBTITLE OF RCRA. IDENTIFIES THE MAJOR PROVISIONS
ESTABLISHED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS (HSWA). THE INFORMATION IN THIS DOCUMENT IS NOT A COMPLETE
REPRESENTATION OF ERA'S REGULATIONS OR POLICIES, BUT IS AN INTRODUCTION USED FOR HOTLINE TRAINING PURPOSES.
17. Document Analysis a. Descriptors
b. Identifiers/Open-Ended Terms
c. COSATI Field/Group
18. Availability Statement
RELEASE UNLIMITED
19. Security Class (This Report)0 21. No. of Pages
UNCLASSIFIED " 31
20. Security Class (This Page) ° 22. Price
UNCLASSIFIED 0.00
(See ANSI-139.18}
OPTIONAL FORM 272 (4-77)
(Formerly NTIS-35)
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RCRA STATUTORY OVERVIEW
CONTENTS
1. Introduction 1
2, Statutory Summary... 3
2.1 General Provisions Subtitle A 4
2.2 Office of Solid Waste; Authorities of the Administrator and
Interagency Coordinating Committee Subtitle B 6
2.3 Hazardous Waste Management Subtitle C 7
2.4 State or Regional Solid Waste Plans Subtitle D.... 17
2.5 Duties of the Secretary of Commerce in Resource
and Recovery Subtitle E 18
2.6 Federal Responsibilities/Federal Procurement Subtitle F 19
2.7 Miscellaneous Provisions Subtitle G 19
2.8 Research Development, Demonstration, and Information
Subtitle H 21
2.9 Regulation of Underground Storage Tanks Subtitle 1 22
2.10 Medical Waste Tracking Act Subtitle J 23
3. Statutory Developments 25
4. Appendix: Subtitle C Table of Statutory and Regulatory Citations 27
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RCRA Statutory Overview -
1. INTRODUCTION
This module presents a brief overview of the Resource Conservation and Recovery
Act (RCRA). Through RCRA, Congress provided EPA with the framework to
develop regulatory programs to manage solid waste, hazardous waste, medical waste
and underground storage tanks. The statute includes 10 subtitles, briefly surveyed
in this module. This module emphasizes the components of Subtitles C, D, and I,
which provide the authority for EPA to establish many of the major regulatory
components of the hazardous, solid waste, and underground storage tank programs
respectively.
The statute represents Congress's intent for the design and implementation of the
programs regulating hazardous and solid waste. Since EPA codified most of the
statute into regulations, associating statutory language with a regulatory citation is
fundamental to understanding the RCRA program.
After completing this module, you will have an understanding of the content and
format of the law. Specifically, you will be able to:
* Explain the relationship between RCRA statutory language and codified
regulatory language
Describe the major components of each subtitle
Identify the major provisions established by the Hazardous and Solid Waste
Amendments (HSWA).
Use this list of objectives to check your knowledge of this topic after you complete
the training session.
Before you begin this module, review the table of contents in the statute. Refer to
the statute while you read the module.
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.
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2 - RCRA Statutory Overview
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.
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RCRA Statutory Overview - 3
2. STATUTORY SUMMARY
In 1965, Congress enacted the Solid Waste Disposal Act, which provided the first
federal statutory provisions designed to improve solid waste disposal practices. The
Act was amended in 1970 by the Resource Recovery Act, and amended again in 1976
by the Resource Conservation and Recovery Act (RCRA). The changes embodied in
RCRA restructured our nation's waste management practices by adding provisions
for proper hazardous waste management. Congress continued to amend the statute
after 1976. The most significant change occurred in 1984 with the passage of the
Hazardous and Solid Waste Amendments (HSWA), which expanded the scope and
requirements of the law. RCRA was subsequently amended by the Federal Facilities
Compliance Act of 1992. This Act amends RCRA to state clearly that the federal
government is part of the regulated community and that federal facilities are also
subject to the wide range of enforcement actions, including fines and penalties. The
law referred to as RCRA is actually a combination of the first federal solid waste
statute and all subsequent amendments. RCRA was most recently amended by the
Land Disposal Program Flexibility Act of 1996. This amendment mandated changes
to the RCRA land disposal restrictions regulatory program and the non-hazardous
landfill groundwater monitoring program.
Congress wrote RCRA to achieve three primary goals: (1) protection of human
health and the environment; (2) reduction of waste and conservation of energy and
natural resources; and (3) reduction or elimination of the generation of hazardous
waste as expeditiously as possible. The Act is divided into 10 subtitles (A through J)
that provide EPA with the framework and authority to achieve the goals of RCRA.
Subtitles A, B, E, F, G, and H outline general provisions, authorities of the
Administrator, duties of the Secretary of Commerce, federal responsibilities,
miscellaneous provisions, and research, development, demonstration, and
information. Subtitles C, D, I, and J establish the framework for four environmental
programs: hazardous waste management, solid waste management, underground
storage tanks, and medical waste, respectively.
RCRA Subtitle C establishes a system for controlling hazardous waste from its point
of generation to its final disposal. The program under RCRA Subtitle D encourages
states to develop comprehensive plans to manage primarily nonhazardous solid
waste such as household and industrial solid waste and mandates certain minimum
technological standards for municipal solid waste landfills. Subtitle I provides the
authority to regulate certain underground storage tanks. This Subtitle establishes
performance standards for new tanks and requires leak detection, prevention, and
corrective action at underground storage tank sites. The last program to be
established was the medical waste program found in Subtitle J, which tracks medical
waste from generation to disposal. The program, however, expired in June 1991.
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.
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4 - RCRA Statutory Overview
2.1 GENERAL PROVISIONS SUBTITLE A
This subtitle, found in §§1002 through 1008 of the statute, sets forth Congressional
findings on solid waste management and provides guidelines for establishing a
nationwide solid and hazardous waste management program. Congress concluded
that the generation of municipal and industrial waste increases each year and that
unsound disposal practices have increased the amount of pollution in the
environment. Subtitle A defines key terms, explains state cooperative agreements,
and discusses the integration of the statute with other acts. In addition, it outlines
the primary goals of the RCRA program.
Congress directed EPA to fulfill the mandate of RCRA by meeting the following
objectives, outlined in §1003:
Provide technical and financial assistance to state and local entities
* Prohibit future open dumping of solid and hazardous wastes, and develop
alternative land disposal options
Minimize the generation of hazardous waste
Require proper management of hazardous waste
Establish a federal-state partnership to implement Subtitle C
Provide authority for promulgating solid waste management guidelines
Promote solid waste management research and development.
DEFINITIONS
The following terms are used throughout the statute and the codified regulations.
The following definitions are statutory. In many cases, the regulatory definitions
mirror the statutory definitions; however, in some cases these definitions may differ
significantly. The complete list of statutory definitions is in §1004.
Administrator means the Administrator of the EPA. Throughout this module
the term. "Administrator" is used interchangeably with the term "EPA."
Disposal means the discharge, deposit, injection, dumping, spilling, leaking, or
placing of any solid waste or hazardous waste into or on any land or water so that
such solid waste or hazardous waste or any constituent thereof may enter the
environment or be emitted into the air or discharged into any waters, including
groundwater.
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.
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RCRA Statutory Overview - 5
Hazardous waste means a solid waste, or combination of solid wastes, which
because of its quantity, concentration, or physical, chemical, or infectious
characteristics may either cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible or incapacitating reversible
illness; or pose a substantial present or potential hazard to human health or the
environment when improperly treated, stored, transported, or disposed of, or
otherwise managed.
Hazardous waste management means the systematic control of the collection,
source separation, storage, transportation, processing, treatment, recovery, and
disposal of hazardous wastes.
Solid waste means any garbage; refuse; sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility; and other
discarded material including solid, liquid, semisolid, or contained gaseous
material resulting from industrial, commercial, mining, and agricultural
operations, and from community activities; but does not include solid or
dissolved material in domestic sewage, or solid or dissolved materials in
irrigation return flows or industrial discharges which are point sources subject to
permits under §402 of the Federal Water Pollution Control Act, as amended, or
source, special nuclear, or byproduct material as defined by the Atomic Energy
Act of 1954, as amended,
Storage, when used in connection with hazardous waste, means the
containment of hazardous waste, either on a temporary basis or for a period of
years, in such a manner as not to constitute disposal of such hazardous waste.
Treatment, when used in connection with hazardous waste, means any method,
technique, or process, including neutralization, designed to change the physical,
chemical, or biological character or composition of any hazardous waste so as to
neutralize such waste or so as to render such waste nonhazardous, safer for
transport, amenable for recovery, amenable for storage, or reduced in volume.
This includes any activity or processing designed to change the physical form or
chemical composition of hazardous waste so as to render it nonhazardous.
GOVERNMENTAL COOPERATION
Section 1005 states that the provisions of RCRA that are carried out by the states may
also be administered by interstate agencies. Provisions applicable to states may also
apply to interstate regions where such agencies and regions have been established by
respective states and approved by the Administrator. In addition, this section
permits two or more states to negotiate and enter into agreements or compacts, to
assist each other with waste management practices and enforcement of the
respective states' laws. These compacts are not binding unless all participating
entities agree on the arrangement and it has been approved by the Administrator
and Congress.
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.
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6 - RCRA Statutory Overview
INTEGRATION OF THE STATUTE WITH OTHER ACTS
According to §1006, EPA is directed to administer and enforce all provisions of the
Act while avoiding duplication, to the maximum extent practicable, with other acts
(e.g., the Clean Air Act, the Clean Water Act), For example, §1006(c) specifically
authorizes EPA to review the RCRA regulations applicable to the treatment, storage,
or disposal of coal mining wastes and overburden that may duplicate regulations
under the Surface Mining Control and Reclamation Act of 1977. This section also
states that the RCRA requirements do not necessarily apply to activities or
substances subject to the Clean Water Act, Safe Drinking Water Act, the Marine
Protection, Research, and Sanctuaries Act, or the Atomic Energy Act.
2.2 OFFICE OF SOLID WASTE; AUTHORITIES OF THE
ADMINISTRATOR AND INTERAGENCY COORDINATING
COMMITTEE SUBTITLE B
The administrative framework for EPA's management of the RCRA program is set
forth in §§2001 through 2008, Subtitle B, One of the fundamental components,
discussed in §2001, provides the authority for establishing EPA's Office of Solid
Waste. This office executes the duties and responsibilities of the Administrator,
outlined in §2002 and throughout the statute. Section 2001 (b) authorizes the
establishment of an Interagency Coordinating Committee to coordinate all activities
concerning resource conservation and recovery from solid waste performed by all
other federal agencies.
This subtitle also includes several miscellaneous provisions such as §2004, which
authorized grants for discarded tire disposal. This type of grant is no longer
available because the statute only authorized funds for fiscal years 1978 and 1979,
and no additional funds were authorized. Another miscellaneous provision is
found in §2005, which requires the labeling of certain oils with a statement
encouraging the conservation of resources and the recycling of used oils.
ANNUAL REPORT AND PROGRAM AUTHORIZATION
Under §2006, the Administrator must submit a detailed annual report to Congress
on all activities of the Office of Solid Waste during the preceding fiscal year. The
content of the report is detailed in §2006. Congress authorized funds in §2007 to
implement the provisions of the Act for fiscal years 1977 through 1988. Since 1988,
funding for the RCRA program has been provided through an annual
Congressional appropriations process. In this way, Congress has been able to
provide funding to EPA without revising the statute. Congress will address
reauthorization of the RCRA program at some point in the future.
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.
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RCRA Statutory Overview - 7
OFFICE OF OMBUDSMAN
Under §2008, the statute authorizes the Administrator to establish an Office of
Ombudsman. The purpose of this office is to receive individual complaints,
grievances, and requests for information submitted by any person with respect to
any program or requirement under RCRA. EPA has established a central Office of
Ombudsman, as well as 10 Regional offices to fulfill this requirement.
2.3 HAZARDOUS WASTE MANAGEMENT SUBTITLE C
The provisions of Subtitle C, in §§3001 through 3020, establish the criteria for
managing hazardous waste from point of generation to ultimate disposal.
Although the regulations set out in 40 CFR Parts 260 to 279 are the primary reference
for information on the hazardous waste program, the statute provides important
background information and provides the legal authority to EPA for promulgation
of the regulations. This section addresses each heading within Subtitle C.
HAZARDOUS WASTE IDENTIFICATION AND LISTING
Section 3001 authorizes the Administrator to promulgate regulations to identify the
characteristics of hazardous waste (e.g., ignitability, corrosivity, reactivity, and
toxicity) and lists of particular hazardous wastes. This section also provides EPA
with the authority to grant delisting petitions for listed wastestreams generated by
individual facilities.
HSWA added §3001 (g) to the statute, requiring EPA to evaluate the effectiveness of
the EP Toxicity test used to determine whether a waste exhibits the hazardous waste
characteristic of toxicity. Ultimately, this provision resulted in the promulgation of
a new test method for evaluating the toxicity characteristic and the addition of 25
organic constituents to the list of toxic constituents of concern: the Toxicity
Characteristic Leaching Procedure (TCLP).
GENERATORS OF HAZARDOUS WASTE
Sections 3002 and 3001 (d) create distinctions between generators of hazardous waste
based on quantities of waste generated. RCRA §3002(a) authorizes the
Administrator to regulate generators of hazardous waste by establishing waste
management standards. Section 3002(b) requires generators of hazardous waste to
implement a waste minimization program. HSWA added a class of generators and
redefined conditionally exempt small quantity generator requirements in §3001 (d).
Congress further defined generators by requiring a quantity determination for
acutely hazardous waste (§3001(d)(7)(B)).
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.
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8 - RCRA Statutory Overview
TRANSPORTERS OF HAZARDOUS WASTE
Section 3003 authorizes EPA to regulate transporters of hazardous waste by
establishing standards for recordkeeping, labeling, compliance with the manifest
system, and transporting hazardous waste to a designated treatment, storage, or
disposal facility.
TREATMENT, STORAGE, AND DISPOSAL FACILITIES
Under §3004, the statute authorizes EPA to promulgate regulations establishing
standards applicable to owners/operators of hazardous waste treatment, storage, and
disposal facilities (TSDFs). These standards apply to the treatment, storage, or
disposal of any hazardous waste listed or identified in Subtitle C. The statute
authorizes regulation of the treatment, storage, and disposal of hazardous waste by
establishing standards for the following provisions: recordkeeping and reporting
requirements; compliance with the manifest system; location, design, and
construction standards; emergency and contingency plans; financial responsibility
standards; and facility permit standards.
Salt Formations and Underground Mines and Caves
Section 3004(b) specifically prohibits the disposal of hazardous waste in any salt
dome formation, salt bed formation, or underground mines and caves, unless the
Administrator determines that such action is protective of human health and the
environment and issues a permit before disposal begins.
Liquid Waste
The statute prohibits the disposal of bulk or noncontainerized liquid hazardous
waste in landfills in §3004(c). This prohibition remains in effect until the
Administrator promulgates regulations to mitigate risks associated with these
disposal practices.
Land Disposal Restrictions
HSWA added the land disposal restrictions (LDR) to the RCRA program. The
primary purpose of LDR is to reduce the toxicity and mobility of hazardous
constituents in a hazardous waste prior to disposing of it directly on the land or in
the ground.
HSWA divided the universe of listed and characteristic wastes into five groups for
the purpose of LDR, and set schedules for EPA to develop treatment standards for
these groups. EPA scheduled the development of standards based on the intrinsic
hazard and volume of waste within each group, so that the first wastes to have
treatment standards set were those wastes that were high in volume and had a high
intrinsic hazard. Following is a description of the major LDR provisions.
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.
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RCRA Statutory Overview - 9
Solvents and Dioxins
Solvent- and dioxin-containing wastes were the first category of wastes
prohibited from land disposal. The statutory deadline was November 8, 1986
(§3004(e)).
California Wastes
The California list includes liquid hazardous wastes containing certain metals,
free cyanides, PCBs, corrosives with a pH less than or equal to 2.0, and certain
liquid and nonliquid hazardous wastes containing halogenated organic
compounds (HOCs) (wastes which California originally restricted from land
disposal). The statutory deadline was July 8,1987 (§3004(d)).
"First. Second, and Third Third" Wastes
Under §3Q04(g), HSWA mandated that the remaining wastes be addressed in
thirds. The statutory deadlines were as follows: First Third - August 8,1988;
Second Third - June 8,1989; Third Third - May 8,1990.
Newly Identified Wastes
Section 3004(g)(4)(c) addresses newly listed wastes, or those wastes that are listed
or identified after November 8, 1984, the date of HSWA enactment. The statute
requires that the Administrator make a determination about whether the waste
may be land disposed within six months of the date that the waste was identified
or listed as hazardous. Unlike the wastes that were specifically assigned
prohibition dates, HSWA does not impose an automatic prohibition on land
disposal if EPA misses the six-month deadline for a newly identified or listed
waste. EPA plans to establish the additional treatment standards for newly
identified wastes in upcoming rulemakings.
Variances from Land Disposal Prohibitions
According to §3004(h), EPA may determine that a waste-specific or site-specific
variance from final land disposal prohibition is necessary based on extenuating
circumstances. Such variances include national capacity variances, case-by-case
extensions, and no-migration petitions.
Deep Injection Well Disposal
Section 3004(f) specifically authorizes EPA to determine if the disposal of
solvents, dioxins, and California list wastes should be prohibited from injection
well disposal unless the wastes meet treatment standards. Section 3004(g), which
defines well injection as a type of land disposal, provides the authority for EPA to
prohibit the disposal of First, Second, and Third Third wastes from deep well
injection unless the wastes meet treatment standards. EPA codified regulations
pursuant to this provision in 40 CFR Part 148, Hazardous Waste Injection
Restrictions.
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.
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10 - RCRA Statutory Overview
Storage of Prohibited Waste
Hazardous waste that is prohibited from land disposal is also prohibited from
storage unless such storage is solely for the purpose of accumulating sufficient
quantities of the waste to facilitate proper recovery, treatment, or disposal
(§3004(j)). In 1992, Congress amended the statutory language in §3004(j) with the
Federal Facility Compliance Act. Congress recognized that the Department of
Energy (DOE) handles mixed waste for which there is currently no available
treatment. In order to provide DOE with sufficient time to submit and obtain
approval of plans for the development of treatment capacity and technologies for
mixed wastes, Congress amended the prohibition on storage to allow DOE to
retain sovereign immunity regarding mixed waste for three years. DOE is liable,
however, at all times for any other RCRA violations.
Land Disposal Program Flexibility Act of 1996
Congress again amended RCRA in 1996 with the Land Disposal Program
Flexibility Act of 1996. This statute amends §3004(g) by exempting
decharacterized wastewater handled in Clean Water Act surface impoundments
and Safe Drinking Water Act injection wells from RCRA LDR. The Act also
requires EPA to conduct a study of any residual risks, not addressed by other
federal or state laws, posed by decharacterized wastewater,
Ban on Dust Suppression
Section 3004(1) prohibits the use of waste, used oil, or any other material that is
contaminated with a hazardous waste as a dust suppressant or road treatment.
Air Emissions
HSWA added §3004(n) to the statute. This provision requires the Administrator to
promulgate regulations to monitor and control organic air emissions at hazardous
waste TSDFs, including but not limited to open tanks, surface impoundments, and
landfills.
Minimum Technological Requirements
Section 3004(o), added by HSWA, establishes minimum technology requirements
for landfills and surface impoundments. The statute requires these units to be
equipped with (1) two or more liners, (2) a leachate collection system, (3) a leak
detection system, and (4) groundwater monitoring. This section also requires new
landfills, surface impoundments, waste piles, underground tanks, and land
treatment units to use approved leak detection systems. In addition, §3004(o)
provides the authority for the establishment of location standards for new and
existing treatment, storage, and disposal facilities.
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.
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RCRA Statutory Overview -11
Grotmdwater Monitoring
The standards for groundwater monitoring in §3004(p) are applicable to surface
impoundments, waste piles, land treatment units, and landfills. The Administrator
is authorized, however, to exempt such units from groundwater monitoring
requirements on a case-by-case basis if the Administrator concludes that there is a
reasonable certainty that hazardous constituents will not migrate beyond the outer
layer of containment prior to the end of the post-closure care period.
Hazardous Waste Fuels
Section 3004(q) of the statute requires EPA to promulgate standards applicable to
owners/operators of facilities producing a fuel from hazardous waste or burning any
hazardous waste listed in §3001 in a boiler or industrial furnace (BIF). This
provision requires these types of recycling activities to be regulated similarly to
TSDFs, and is a particularly noteworthy provision because historically all recycling
processes have been exempt from regulation. The statute authorizes the
Administrator to regulate the use of hazardous waste as fuel by establishing
standards for the following provisions: labeling requirements, recordkeeping and
reporting, and financial responsibility standards.
Financial Responsibility
Section 3004(t) details the mechanisms that are allowable to demonstrate financial
responsibility as required by §3004(a). Guarantor liability and owner/operator
bankruptcy or reorganization are also described in §3004(t).
Corrective Action at TSDFs
Added by HSWA, §3004(u) authorizes the Administrator or a state to require
corrective action for all releases of hazardous waste or constituents from any solid
waste management unit at a TSDF seeking a permit under Subtitle C, regardless of
the time at which the waste was placed in the unit. If such corrective action cannot
be completed prior to issuance of the permit, the permit must contain a schedule for
completion of the corrective action and provisions for financial assurance.
TSDFs must also take corrective action measures beyond facility boundaries to
protect human health and the environment (§3004(v)). The owner/operator may
be released from this responsibility only by demonstrating to the Administrator that
despite best efforts, he or she is unable to get permission to carry out such action.
PERMITS
Section 3005 discusses several types of permits. Each category defines operating
requirements and various provisions for certain hazardous waste activities.
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.
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12 - RCRA Statutory Overview
Treatment, Storage, and Disposal Facility Permits
Pursuant to §3005(a), EPA promulgated regulations requiring each person owning or
operating an existing hazardous waste TSDF or planning to construct a new
hazardous waste TSDF to have an operating permit. Section 3005(c)(3) states that
any permit issued to a treatment, storage, or land disposal facility under this section
shall be for a fixed term not to exceed 10 years. Permits for land disposal facilities are
reviewed every five years and modified as necessary to ensure compliance and
safety.
Omnibus Authority
This section authorizes EPA to review or modify a permit at any time during its
term as necessary to protect human health and the environment, This statutory
provision allows EPA to incorporate any additional standards into a RCRA
permit that are necessary to protect human health and the environment. For
example, EPA uses the omnibus authority to require site-specific risk assessments
at facilities seeking permits to operate RCRA combustion units.
Waste Minimization
Section 3005(h) mandates, as a permit condition, that TSDFs that are also
generators must have a program in place to reduce the volume and toxicity of
the waste they generate. TSDFs must also manage that waste in a way which will
minimize any threat to human health and the environment.
Interim Status Surface Impoundments
Under §3005(j), the statute identifies extensive provisions for proper
management of interim status surface impoundments. Without proper
management standards, surface impoundments pose a substantial threat to
human health and the environment (e.g., migration of leachate from unlined
surface impoundments). All surface impoundments that were in existence on
the date of enactment of HSWA are required to apply for interim status or close.
All surface impoundments that receive interim status are required to comply
with the minimum technology requirements of §3004(o)(l)(A) within four years
of receiving interim status.
Surface Mining Control and Reclamation Permits
According to §3005(f), a permit for the treatment, storage, or disposal of coal mining
wastes or overburden issued under the Surface Mining Control and Reclamation
Act of 1977 is regarded as a permit issued under Subtitle C. Regulations
promulgated under Subtitle C do not apply to the treatment, storage, and disposal of
coal mining wastes or overburden which are covered by this type of permit.
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.
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RCRA Statutory Overview -13
Research, Development, and Demonstration Permits
EPA encourages the use of alternative treatment technologies by issuing research,
development, and demonstration (RD&D) permits to any hazardous waste
treatment facility that proposes to use innovative and experimental treatment
technologies. Section 3005(g) provides this permitting incentive for experimental
activities that are not currently subject to any specific RCRA standards. The RD&D
permit requires that national standards must not exist for the proposed treatment
technology. Although the statute authorizes EPA to waive general permit criteria,
no waivers or modifications of financial assurance responsibilities or procedures
regarding public participation are possible. This type of permit may only be renewed
three times and the renewal period cannot exceed one year,
AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS
Section 3006 requires the Administrator to promulgate guidelines to assist states in
the development of hazardous waste programs. Once a state has been authorized by
EPA to administer and enforce a hazardous waste program pursuant to Subtitle C,
the state is authorized to implement its program in lieu of the federal program.
Although a state may have an authorized program, the Administrator retains the
authority to revoke the state's authorization. State authorization may only be
withdrawn after a public hearing, if the Administrator determines that the state is
not implementing the program in accordance with federal regulations.
Because the state authorization process takes place piecemeal, a state may be
authorized for some provisions and not others. This interface creates a conflict in
terms of enforcement. Sometimes it is difficult to determine the effective date of a
given regulation, particularly when examining the interface between provisions
promulgated pursuant to RCRA versus those promulgated pursuant to HSWA.
INSPECTIONS
Under §3007, the statute empowers the Administrator and authorized states to gain
access to information relating to the generation, transportation, treatment, storage,
and disposal of hazardous waste. Officers, employees, and representatives of EPA
are authorized to enter any establishment that is managing hazardous waste, inspect
the facilities, and obtain samples of any such waste. Any records, reports, or other
information obtained by EPA are available to the public unless such information is
deemed confidential.
The statute authorizes EPA and authorized states to commence biennial inspections
of all TSDFs and authorizes the Administrator to inspect state or local TSDFs. Also,
the statute authorizes the Administrator and authorized states to inspect federal
facilities annually for proper treatment, storage, and disposal of hazardous 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.
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14 - RCRA Statutory Overview
ENFORCEMENT
Section 3008 authorizes the Administrator for any violation of RCRA, to issue an
order requiring compliance, issue an order for civil penalties up to $27,500 per day
per violation, or issue an order for both compliance and penalties. Alternatively,
the Administrator may commence a civil action in the U.S. District Court for
appropriate relief. EPA must give notice of such enforcement action to authorized
states. If a violator fails to comply with an order, the Administrator may assess a
civil penalty up to $27,500 for each day of noncompliance and revoke any permits
issued to the violator. Section 3008(d) provides a list of actions that warrant
criminal penalties, such as fines or imprisonment. Under §3008(e), the statute
requires criminal penalties for any person who knowingly endangers another
person in the course of hazardous waste management activities.
Under 3008(h), the statute authorizes EPA to issue a corrective action order to an
interim status facility or assess a civil penalty to any interim status facility that has
released hazardous waste into the environment. This section of the statute
provides the enforcement authority that EPA may use in response to interim status
facility and federal facility hazardous waste releases. An order issued under this
section also may suspend or revoke an interim status permit, causing the facility to
cease operations.
Imminent Hazard
The imminent hazard provision is an important enforcement tool and is therefore
included in this part of the module as well as Miscellaneous Provisions Subtitle
G. Under §7003, the statute authorizes the Administrator to bring suit, or issue an
order, against any person who has contributed to the past or present handling,
storage, treatment, transportation, or disposal of any solid or hazardous waste that
may present an imminent and substantial endangerment to human health or the
environment.
PRELIMINARY NOTIFICATION
Under §3010, the statute requires any person generating, transporting, treating,
storing, or disposing of hazardous waste to notify the Administrator. The
notification must be filed no later than 90 days after a facility becomes subject to
regulation under Subtitle C. It must state the location, general description of site
activities, and hazardous waste that is being handled. This notification provision is
used by the Agency to issue EPA identification numbers. Currently, EPA Form 8700-
12 is used to notify EPA of regulated waste activity.
MONITORING, ANALYSIS, AND TESTING
According to §3013, the statute authorizes EPA to issue an order requiring the
owner/opera tor of any facility that presents a substantial hazard to human health or
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.
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RCRA Statutory Overview -15
the environment to conduct monitoring, analysis, and reporting to determine the
nature and extent of the hazard. If the Administrator determines that the current
owner/operator could not have known of the presence of the hazard, the
Administrator may issue an order requiring the most recent previous owner/
operator to carry out the investigation.
RESTRICTIONS ON RECYCLED OIL
Section 3014 of the statute, enacted as the Used Oil Recycling Act (UORA), requires
EPA to promulgate regulations establishing performance standards and other
requirements for the safe management of recycled oil. The Administrator must
ensure that such regulations do not discourage the recovery or recycling of used oil.
These standards are designed to encourage recycling and to protect human health
and the environment, EPA also determined not to list used oil as hazardous waste
since the standards that were promulgated were sufficient to ensure used oil would
be handled safely.
INVENTORY OF FEDERAL HAZARDOUS WASTE FACILITIES
According to §3016, each federal agency is required every two years to submit to the
Administrator a list of sites owned or operated by the agency at which hazardous
waste is treated, stored, disposed of, or has been disposed of at any time. If any
federal agency fails to submit an inventory to the Administrator, the statute
authorizes the Administrator to complete the inventory.
EXPORT OF HAZARDOUS WASTE
Standards affecting the export of hazardous waste were added by HSWA in §3017.
This provision requires any person exporting hazardous waste to (1) notify the
Administrator, (2) obtain written consent from the receiving country, and (3) file an
activity report to the Administrator no later than March 1 of each year (the
Administrator conveys the written consent to the exporter). If there are applicable
international agreements, exporters must comply with the terms of those
agreements.
DOMESTIC SEWAGE
Under §3018, the statute requires the Administrator to submit a report to Congress
concerning substances identified or listed under §3001 that are not regulated under
Subtitle C because of the domestic sewage exclusion. This report, completed in
February 1986, is titled, Report to Congress on thg Discharge of Hazardous Wastes to
Publicly Owned Treatment Works.
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.
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16 - RCRA Statutory Overview
EXPOSURE INFORMATION AND HEALTH ASSESSMENTS
Under §3019, the statute requires owners/operators applying for a permit for a
landfill or a surface impoundment under §3005(c) to submit information on the
potential for public exposure to hazardous wastes or hazardous constituents from a
release related to such a unit. If the Administrator or authorized state decides that a
landfill or surface impoundment poses a potential risk to human health, the
Administrator or state may require the Agency for Toxic Substances and Disease
Registry (ATSDR) to conduct a health assessment at the facility. If the assessment
results indicate public exposure to a release of a hazardous substance under
CERCLA, EPA may seek cost recovery from the owner/operator under CERCLA
§107.
SAFE DRINKING WATER ACT PROVISION
Although HSWA's primary purpose was to amend the RCRA program, Congress
also added a provision (§3020) under the authority of the Safe Drinking Water Act
(SOWA). This provision requires that no hazardous wastes may be disposed of by
underground injection into any underground drinking water source or any
formation located above such a source. Such provisions are enforceable pursuant to
the SOW A. This provision does not apply to the injection of contaminated
groundwater into the aquifer from which it was withdrawn if the injection is a
response action under CERCLA or part of a'corrective action under Subtitle C and if
such contaminated groundwater is treated to substantially reduce hazardous
constituents,
MIXED WASTE PROVISIONS
When Congress amended RCRA in 1992 with the Federal Facility Compliance Act, it
included §3021 covering mixed waste inventory reports and plans. This section
requires the Secretary of Energy to submit a detailed report and inventory of all
mixed waste activity. This report is submitted to the EPA Administrator and all
affected state governors. The primary purpose of this provision is to ensure that the
DOE discloses the amount of mixed waste at each of its facilities and its intentions
for proper disposal.
PUBLIC VESSEL
Section 3022, added by the Federal Facility Compliance Act, mandates that any
hazardous waste generated on a public vessel is not subject to the storage, manifest,
inspection, or recordkeeping requirements until the waste is transferred onshore.
For purposes of this section Congress defines public vessel as a vessel
owned/operated by the United States, or by a foreign nation, except when the vessel
is engaged in commerce. This provision is applicable unless the waste is stored for
more than 90 days or if the waste is transferred to another public vessel and stored
there for more than 90 days.
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.
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RCRA Statutory Overview -17
Section 3023, also added to RCRA by the Federal Facility Compliance Act, extends
the domestic sewage exclusion in §1004(27) to include wastes that are discharged to
federally owned treatment works. These wastes would need to meet the criteria
established under §3023 to be excluded.
2.4 STATE OR REGIONAL SOLID WASTE PLANS SUBTITLE D
Subtitle D, set forth in §4001 through §4010, provides guidelines for establishing a
solid waste management program. The term "solid waste" used in Subtitle D refers
almost exclusively to nonhazardous solid waste. It does, however, include certain
hazardous wastes that are excluded from regulation under Subtitle C, such as
household hazardous waste and hazardous waste generated by conditionally exempt
small quantity generators. The primary objectives of the Subtitle D program are to
assist in developing and encouraging methods for the disposal of solid waste which
are environmentally sound and which maximize the use of valuable resources,
including energy and materials. Subtitle D also encourages the recovery of reusable
materials from solid waste. The statute authorizes state and regional authorities to
use federal technical and financial assistance to establish solid waste management
programs pursuant to federal guidelines.
GUIDELINES AND ASSISTANCE FOR STATE AND LOCAL PLANS
Under §4002, the statute authorizes EPA to promulgate regulations to assist in the
development and implementation of state solid waste management plans. In
establishing such regulations EPA must consider the following provisions:
protection of groundwater and surface water from leachate contamination;
collection, storage, processing, and disposal practices; methods for closing and
upgrading open dumps; and population density, distribution, and projected growth.
In order for a state solid waste management plan to be approved by the
Administrator, a state program must meet the minimum requirements of §4003.
Some of these requirements include closing or upgrading existing open dumps,
recovering resources from all solid waste or disposing of such waste in a sanitary
landfill, and coordinating regional planning and implementation. The statute
authorizes states to use federal funds to meet the minimum requirements;
however, no funding is available at this time.
Section 4004 specifically authorizes the Administrator to promulgate regulations
containing criteria for determining the classification of solid waste management
facilities as sanitary landfills or as open dumps. The statute further mandates that
state plans prohibit the establishment of any new open dumps. Section 4005 actually
prohibits the open dumping of solid or hazardous waste and sets minimum federal
standards for municipal solid waste landfills.
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.
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18 - RCRA Statutory Overview
Section 4007 outlines the criteria for approval of a state plan for federal financial
assistance. The funds appropriated for this assistance are listed in §4008 but only
cover fiscal years 1978 through 1988. According to §4009, the statute authorizes the
Administrator to provide grants to states for distribution to municipalities with a
population of less than 5,000 or less than 20 persons per square mile and not within
a metropolitan area. Such grants are available to municipalities that cannot feasibly
be connected to a solid waste management system, are unable to close or upgrade
open dumps, or have plans consistent with state program objectives.
Section 4010 of HSWA authorized EPA to revise the existing sanitary landfill criteria
to establish specific regulations for facilities that may receive household hazardous
waste or hazardous waste from conditionally exempt small quantity generators (i.e.,
municipal solid waste landfills (MSWLFs)). The statute mandated that these
standards, at a minimum, require groundwater monitoring at MSWLFs, establish
criteria for acceptable location of new or existing facilities, and provide for corrective
action as appropriate (§4010(c)).
Congress slightly amended these provisions with the Land Disposal Program
Flexibility Act of 1996. This Act exempts certain small, remote, or arid MSWLFs
from groundwater monitoring standards, and also directs EPA to study (and if
necessary, promulgate revisions to) the cover, methane monitoring, and financial
assurance requirements for such landfills.
RECYCLING PROVISIONS
Under §§4003(b) and 4008(g), the statute authorizes provisions to encourage
recycling of used oil. The Administrator may make grants to states for the
implementation of such recycling programs. Such funds may not be used for
construction or acquisition of land or equipment. No funding is available at this
time.
2.5 DUTIES OF THE SECRETARY OF COMMERCE IN
RESOURCE AND RECOVERY SUBTITLE E
In addition to EPA's mandate under RCRA, the statute (§§5001 through 5006)
authorizes the Secretary of Commerce to carry out the following duties:
* Encourage greater commercialization of proven resource recovery technology
Publish guidelines for the development of specifications for the classification
of materials recovered from waste which are destined for disposal
* Identify and develop potential markets for recovered materials
Evaluate the commercial feasibility of resource recovery facilities.
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.
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RCRA Statutory Overview -19
2.6 FEDERAL RESPONSIBILITIES/FEDERAL PROCUREMENT
SUBTITLE F
Under §6001, the statute requires each department, agency, and instrumentality of
the executive, legislative, and judicial branches of the federal government to comply
with all federal, state, interstate, and local requirements, both substantive and
procedural, that apply to solid and hazardous waste management. The President
may exempt any solid waste management facility of any department, agency, or
instrumentality in the executive branch from compliance with such a requirement
if he or she determines that it is paramount to the interest of the United States. The
period for any exemption may not exceed one year, but additional exemptions may
be granted.
According to §6002, the statute requires the Administrator to prepare and ,
occasionally revise guidelines which encourage procuring agencies to manage and
arrange for the procurement of solid waste services in a manner which maximizes
energy and resource recovery. This section applies to all procuring agencies that
purchase items exceeding $10,000. The statute requires such agencies to purchase
items that are composed of the highest percentage of recovered materials, consistent
with maintaining a satisfactory level of competition. Each procuring agency must
develop an affirmative procurement program, which will ensure that items
composed of recovered materials are purchased to the maximum extent practicable.
Procurement guidelines have been established for the following items: paper and
paper products, vehicular products, construction products, transportation products,
park and recreation products, landscaping products, and non-paper office products.
2.7 MISCELLANEOUS PROVISIONS SUBTITLE G
Subtitle G, set forth in §§7001 through 7010, addresses several important but not
necessarily related provisions. These provisions include employee protection,
citizen suits, imminent hazard, public participation, and grants.
EMPLOYEE PROTECTION
Under §7001, the statute provides employees with protection from being fired or
discriminated against for either filing a proceeding or testifying about issues related
to RCRA enforcement. If an employee is fired and believes discrimination was the
basis for such action, he or she may apply for a review by the Administrator.
CITIZEN SUITS
In §7002 the statute authorizes any citizen to commence a civil action on his or her
own behalf against any person, including any governmental entity, who is alleged to
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.
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20 - RCRA Statutory Overview
be in violation of any permit, standard, regulation, condition, requirement,
prohibition, or order which is effective pursuant to RCRA. Citizen suits also may be
filed against any past or present generator, transporter, or owner/ operator of a TSDF
who presents an imminent or substantial endangerment to human health or the
environment or against the EPA for failure to take a nondiscretionary action. No
citizen suits may commence if the Administrator is already taking action under
RCRA or CERCLA §104 or §106.
IMMINENT HAZARD
Section 7003 provides an important enforcement authority under the RCRA
program. This section states,
Notwithstanding any other provision of this Act, upon receipt of
evidence that the past or present handling, storage, treatment,
transportation, or disposal of any solid or hazardous waste may present
an imminent and substantial endangerment to health or the
environment, the Administrator may bring suit on behalf of the
United States in the appropriate district court against any person who
has contributed or is contributing... [or issue] such orders as may be
necessary to protect public health and the environment.
This broad citation is very useful in explaining to callers that generators,
transporters, and owner/operators of TSDFs are responsible for proper solid and
hazardous waste management.
PUBLIC PARTICIPATION
According to §7004, any person may petition the Administrator for the
promulgation, amendment, or repeal of any regulation under RCRA. The statute
requires the Administrator (with input from states) to develop and publish
guidelines for public participation in the development, implementation, and
enforcement of any regulation, guideline, or program under the Act. EPA codified
regulations concerning public participation at 40 CFR Part 124.
SEPARABILITY
Although a provision of RCRA may be deemed inapplicable to a particular person
or situation, such provision remains applicable to all other persons and situations.
This provision is known as the "separability provision" in §7005.
TRAINING GRANTS
Under §7007, the statute authorizes the Administrator to provide grants to states,
municipalities, educational institutions, or any other organization capable of
effectively implementing a training program for proper solid waste management
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.
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RCRA Statutory Overview - 21
and resource recovery operations. No grants will be issued under this provision to
any private, profit-making organization.
2.8 RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
INFORMATION SUBTITLE H
The Administrator is authorized by §§8001 through 8007 to promote the following
through both technical and financial assistance: research, investigation,
experiments, training, demonstrations, surveys, public education programs, and
studies relating to health effects of solid waste releases into the environment,
operation and financing of solid waste management programs, resource
conservation and recovery operations, and innovative technical advances. The
Administrator shall establish a management program to coordinate activities and
facilitate results.
SPECIAL STUDIES
Under §8002, the statute requires the Administrator to complete studies and publish
results on several specific solid waste issues including glass and plastic recovery,
solid wastestream composition, small-scale and low technology solid waste
management, and household resource recovery. Other important studies include
the following:
The negative environmental effects of solid wastes from active and
abandoned surface and underground mines
The classification and analysis of sludge
* The analysis of problems involving collection, recovery, and disposal of
discarded motor vehicle tires
» The hazards associated with municipal landfills located near airports (i.e.,
birds congregating and feeding on landfill refuse)
The feasibility and desirability of additional performance standards or other
regulations for generators of hazardous waste
The adverse effects of drilling fluids, produced waters, and other wastes
associated with the exploration, development, or production of crude oil or
natural gas or geothermal energy
The adverse effects of materials generated from the combustion of coal and
other fossil fuels
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.
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22 - RCRA Statutory Overview
The effects of cement kiln dust on human health and the environment
The concents associated with materials generated from the extraction,
beneficiation, and processing of ores and minerals, including phosphate rock
and overburden from uranium mining.
SOLID WASTE MANAGEMENT INFORMATION
Section 8003 charges the Administrator with collecting and evaluating information
on solid waste management practices, maintaining data in a central library,
developing cost models for states and local governments to use in evaluating solid
waste management issues, and developing programs for the rapid dissemination of
information pertaining to solid waste management issues.
GRANTS FOR RESOURCE RECOVERY SYSTEMS AND DEMONSTRATIONS
Section 8004 authorizes the Administrator to enter into contracts with either public
agencies or private persons for the construction and operation of a full-scale facility
or provide financial assistance to a full-scale demonstration facility that will
significantly improve or advance a technology or process. The Administrator must
try to share the cost of full-demonstration facilities with other federal, state, local, or
private entities.
Under §8006, the statute authorizes the Administrator to make grants for the
demonstration of resource recovery systems or for the construction of new or
improved solid waste disposal facilities; however, no funding is available at this
time. Such grants, when available, may not be used for land acquisition.
2.9 REGULATION OF UNDERGROUND STORAGE TANKS
SUBTITLE I
Subtitle I authorizes the Administrator to regulate underground tanks storing
regulated substances, including petroleum products (e.g., gasoline and crude oil) as
defined in §9001. Subtitle I, §§9001 through 9010, authorizes EPA to develop
performance standards for underground storage tanks including design,
construction, installation, release detection, and compatibility standards for new
tanks, and requirements applicable to all tank owners/opera tors concerning leak
detection, recordkeeping and reporting, corrective action, and closure. A major
component of HSWA, Subtitle I breaks new ground in the RCRA program because
it regulates products as well as 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.
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RCRA Statutory Overview - 23
STATE PROGRAM APPROVAL
Similar to Subtitle C, states may receive authorization from the Administrator to
implement an UST release detection, prevention, and corrective action program. If
the state receives authorization from the Administrator to implement an UST
program, the state program will operate in lieu of the federal program. If the
Administrator deems that a state is not administering and enforcing an authorized
program in accordance with Subtitle I, the Administrator may withdraw such
authorization.
FEDERAL ENFORCEMENT
Under §9006, the statute authorizes the Administrator to issue an order to any
person in violation of any requirement of Subtitle I, The Administrator gives
notice to the state in which such violation has occurred prior to issuing an order or
commencing a civil action. The statute requires each department, agency, and
instrumentality of the executive, legislative, and judicial branches of the federal
government to comply with all applicable requirements, both substantive and
procedural, that apply to proper UST management. The President may exempt any
UST of any department, agency, or instrumentality in the executive branch from
compliance with such a requirement if he or she determines it to be in the
paramount interest of the United States. The period for any exemption may not
exceed one year, but additional exemptions may be granted.
2.10 MEDICAL WASTE TRACKING ACT SUBTITLE J
In November 1988, Subtitle J was added to the statute to help control the widespread
mismanagement of medical waste. Subtitle J directed EPA to develop a two-year
demonstration program to track medical waste from generation to disposal. This
pilot program applied only to Connecticut, New Jersey, New York, Puerto Rico, and
Rhode Island. EPA codified regulations in 40 CFR Part 259 which established
requirements for medical waste generators, transporters, and treatment, destruction,
and disposal facilities (TDDs). The two-year demonstration program expired
June 22, 1991, and to date has not been reauthorized. Because the federal medical
waste provisions were no longer in effect, EPA formally removed Part 259 from the
CFR (60 ER 33912; June 29,1995).
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.
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24 - RCRA Statutory Overview
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.
-------
RCRA Statutory Overview - 25
3. STATUTORY DEVELOPMENTS
On March 16, 1995, the President and Vice-President announced a plan for
"Reinventing Environmental Regulation." The plan described steps to substantially
improve existing environmental regulatory programs. The President's regulatory
reinvention effort is aimed at refocusing the RCRA program on high-risk wastes;
providing states with flexibility to design ways to manage low-risk, high-volume
waste generated during environmental cleanup; and developing a new "common
sense" definition of solid waste to simplify industry compliance with RCRA rules.
To achieve these goals, EPA was required to look beyond the regulatory process in
many instances. The statutory authority and mandates set forth in RCRA have
placed limitations on the scope and content of regulatory changes that EPA can
propose. As a result, EPA worked to identify a package of targeted legislative
improvements to RCRA. In developing this package, EPA created a series of issue
papers about the following aspects of the RCRA program:
» Permits
« Management Requirements
Listing Determinations
* Prescriptive Requirements
Untreated Waste Disposal
* Indian Tribal Program Approval
« Land Disposal Restrictions
Treatment Requirements
Recycling of Hazardous Waste
Corrective Action
Hazardous Waste Manifest.
These issue papers were the focus of a series of meetings between EPA, stakeholders,
and co-implementors. After the meetings were completed, EPA incorporated the
comments and concerns of the different stakeholders and co-implementors into the
final package of specific suggested changes to the statute. The package was submitted
to Congress in mid-1995.
On March 26,1996, President Clinton signed the Land Disposal Program Flexibility
Act. This Act amended the LDR standards and groundwater monitoring standards
for certain Subtitle D solid waste landfills, as described earlier in this module.
On May 13, 1996, President Clinton signed the Mercury-Containing and
Rechargeable Battery Management Act. The goals of this Act are to reduce the
mercury content in consumer batteries, by reducing the allowable mercury content
in those batteries, and to encourage recycling of rechargeable batteries. The Act also
renders the universal waste program for batteries effective in all states, regardless of
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.
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26 - RCRA Statutory Overview
authorization status. EPA is studying the Act to determine what RCRA regulatory
changes are necessary as a result of the Act.
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.
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RCRA Statutory Overview - 27
4. APPENDIX
SUBTITLE C TABLE OF STATUTORY AND REGULATORY CITATIONS
Statutory _.
Citation
§3001
§3001 (a)
§3001 (b)
§3001 (c)
§3001(d)
§3001(d)(3)
§3001(d)(7)
§3001 (e)
§3001 (f)
§3001 (g)
§3001(1)
Regulatory Citation s
. * * ;?>
Part 261, Subpart C
Part 261, Subpart D
Part 261, Subpart C
'' Part 261, Subpart D
§261.4(b)(5)
§261.4(b)(4)
§261.4(b)(7)
§261.4(b)(8)
§261.5
§262.20
§261.5,(e)
Part 260, Subpart C
L_ Part 261, App. II
§261.4(b)(l)
DeMription ol Subtitle C Section
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE
Hazardous waste criteria - toxicity, persistence,
degradability, accumulation, flammability, and
corrosiveness
Requirement to promulgate listings and
characteristics of hazardous waste
Four types of waste (Bevill/Bentsen) excluded
pending study results
Energy exploration, development, and production
Coal or fossil fuel combustion
Extraction, beneficiation, processing of ores/ minerals
Cement kiln dust
Governor's petition to list hazardous wastes
Small quantity generator waste
Manifest requirement and specification of contents of
manifest
Quantity determination for acutely hazardous waste
Requirement to examine specific wastes such as
carbamates, dyes and pigments, chlorinated
aliphatics, solvents, and dioxins
Delisting petitions
Examination of the EP Toxicity procedure
Clarification of household hazardous waste exclusion
§3002
§3002(a)(l)
§3002(a)(2)
§3002(a)(5)
§3002(a)(6)
§3002(b)
§262.40
Part 262, Subpart C
Part 262, Subpart B
§262.41
§262.41 (a)(6)
STANDARDS APPLICABLE TO GENERATORS
Reeordkeeping
Labeling
Manifest system
Biennial report
Waste minimization
§3003
§3003(a)(l)
§3003(a)(2)
§3003(a)(3)
§3003(b)
§3003(c)
Part 263
§263.22
Part 263, Subpart B
STANDARDS APPLICABLE TO TRANSPORTERS
Recordkeeping
Labeling
Manifest
EPA/DOT coordination
Requirements for hazardous waste fuel transporters
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.
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28 - RCRA Statutory Overview
Statutory
Citation
§3004
§3004(a)
§§3004(b), (c)
§3004(d)
§3004(d)(2)
§3004(e)
§3004(g)(4)
§3004{g)(6)
§3004(g)(7)
§3004(h)
§3004(j)
§3004(k)
§3004(1)
§3004(m)
§3004(n)
§3004(o)(l)
§3004(o)(2)
§3004(o)(5)
§3004(o)(7)
§3004(p)
§3004(q)
§3004(q)(2)(C)(i)
§3004(s)
§3004(t)
§3004(u)
§3004(v)
§3004(x)
Regulatory Citation
Parts 264/265,
Subparts A-E, H
§§264/265,18(c)
§§264/265.314(b)
§268.32
§§268.30-31
§268.13
§§268.45/268.35
§268.50
§268.2(c)
Part 266, Subpart C
§266.23(b)
§279.12(b)
Part 268
Parts 264/265,
Subparts AA and BB
Parts 264/265,
Subparts K-N
Parts 264/265,
Subparts K-N
Parts 264/265,
Subparts K-N
§§264/265.18
Parts 264/265, Subpart F
Parts 264/265, Subpart E
Parts 264/265, Subpart H
§264.101
§264.1 01 (c)
Description of Subtitle C Section
STANDARDS APPLICABLE TO TREATMENT,
STORAGE, AND DISPOSAL FACILITIES (TSDFs)
General requirements for TSDFs: recordkeeping,
reporting, specific operating conditions, location and
design criteria, contingency plans, maintenance,
training, financial responsibility, permits, and
manifesting
Liquids in landfills prohibition
Prohibition of land disposal of specified wastes
California list
Solvents and dioxins
First, Second, and Third Third wastes
Hard hammer
Land Disposal Program Flexibility Act of 1996
LDR variances
Storage prohibition
Definition of land disposal
Ban on used oil as a dust suppressant
Treatment standards for hazardous waste
Air emission standards
Minimum technological requirements (MTR)
Alternative design for MTR
Bottom liner requirement for MTR
Location standards
Groundwater monitoring
Hazardous waste used as a fuel
Cement kiln location prohibition
Recordkeeping
Financial assurance
Corrective action at permitted facilities
Corrective action beyond the facility boundary
Tailored standards for Bevill wastes
§3005
§3005(a)
§3005(a)
§3005(b)
§270. l(c)
§261.8
Part 270, Subpart B
PERMITS FOR TREATMENT, STORAGE, AND
DISPOSAL FACILITIES
Permit requirement
TSCA exemption
Permit information 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.
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RCRA Statutory Overview - 29
Statutory
Citation
§3005(c)
§3005(c)(3)
§3005(c)
§3005(d)
§3005(e)(l)
§3005(e)(2)
§3005(f)
§3005(g)
§3005(h)
§3005(i)
§3005(j)
§3005(j)(6)(A)
Regulatory Citation
§270.50
§270.32(b)
Part 270, Subpart D
§270.43
Part 270, Subpart G
§270.73
Part 270, Subpart F
§270.65
§§264/265.75(h) and (i)
§270.1(c)
Part 265, Subpart K
Subtitle C - Statute Description
Duration of permits
Omnibus provision
Permit modifications
Revocation of permit for noncompliance
Interim status
Loss of interim status
Coal mining wastes and reclamation permits
RD&D permits
Waste minimization
Post-closure permits
Interim status surface impoundments
Retrofitting requirements
§3006
§3006{a)
§3006(b)
§3006(c)
§3006(d)
§3006(e)
§3006(f)
§3006(g)
§3006(h)
Part 271
§§271.1 - 271.4
Part 271, Subpart B
§§271.22 - 271.23
§271.17
§271.25
§271.26
AUTHORIZED STATE WASTE PROGRAMS
State programs
Equivalent and consistent
Interim authorization
Effect of state permit
Withdrawal of authorization
Public availability of information
Effect of regulations promulgated pursuant to HSWA
State programs for used oil
§3007
§3007(a)
§3007(b)
§3007(c)
§3007(e)
INSPECTIONS
Access and entry
Availability of information to the public
Federal facility inspections
Mandatory biennial inspections
§3008
§3008(a)
§3008(b)
§3008(c)
§3008(d)
§3008(e)
§3008(f)
§3008(h)
FEDERAL ENFORCEMENT
Compliance orders
Public hearing
Civil penalties
Criminal penalties
Knowing endangerment
Criteria for determining knowing endangerment
Corrective action for interim status facilities
§3009
§271.3{a)(2>
MANDATES THAT STATE REGULATIONS BE AT
LEAST AS STRINGENT AS FEDERAL
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.
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30 - RCRA Statutory Overview
Statutory
Citation
§3010
Regulatory Citation
§§262.12,263.11,
& 264/265.12
Subtitle C - Statute Description
NOTIFICATION REQUIREMENT FOR
GENERATORS, TRANSPORTERS, AND
TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
§3011
MONEY FOR THE STATES
§3012
STATE HAZARDOUS WASTE INVENTORY
P013
MONITORING, ANALYSIS, AND TESTING
P014
§3014(a)
§3014(b) .
§3014(c)
Parts 266/279
RESTRICTIONS ON RECYCLED OIL
Mandate to promulgate regulations for recycled used
oil that do not discourage recovery or recycling
Identification or listing of used oil
Used oil not subject to Subpart C when recycled
§3015
§265.1(a)
ADDING NEW UNITS AT INTERIM STATUS
FACILITIES
§3016
FEDERAL FACILITIES INVENTORY
§3017
§301 7(a)
§§301 7(c), (d)
§3017(f)
§3017(g)
Part 262, Subpart E
§262.53
Part 262, Subpart E
§262.58 (reserved)
§262.56
EXPORTS OF HAZARDOUS WASTE
No export unless receiving country consents,
notification is given to Administrator, and shipment
conforms with consent
Procedures for export requirements
International agreements operate in lieu of
regulations
Export activities report
§3018
§3018(a)
§3018(b)
§3018{c)
CWA/NPDES
DOMESTIC SEWAGE
Report to Congress to characterize wastes excluded by
POTW discharge
Mandate to promulgate additional regulations to
assure that these wastes are adequately controlled
Waste water lagoons
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.
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RCRA Statutory Overview - 31
Statutory
Citation
§3019
Regulatory Citation
§270.10(j>
Subtitle C - Statute Description
EXPOSURE INFORMATION AND HEALTH
ASSESSMENTS
§3020
HAZARDOUS WASTE INJECTION RESTRICTIONS
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.
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