United States
Environmental Protection
Solid Waste and
Emergency Response
PB98-108 160
November 1997
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
Other Laws that Interface with
Updated July 1997

This document was developed by Booz-Allen & Hamilton Inc. under contract 68-W0-0039 to EPA. It is
intended to be used as a training tool for Hotline specialists and does not represent a statement of EPA
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, Superfund & EPCRA Hotline Phone Numbers;
National toll-free (outside of DC area)
Local number {within DC area)
National toll-free for the hearing impaired (TDD)
(800) 424-9346
(703) 412-9810
(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			 7
2.3	Safe Drinking Water Act	11
2.4	Federal Insecticide, Fungicide, and Rodenticide Act 					11
2.5	Toxic Substances Control Act			12
2.6	Pollution Prevention Act 	14
2.7	Comprehensive Environmental Response, Compensation, and
Liability Act				15

Other Laws That Interface With RCRA - 1
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)
•	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 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.
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
Figure 1
Safety and
Health Act
Fungicide, and
Rodenticide Act
40 CFR
40 CFR
40 CFR
40 CFR
29 CFR
49 CFR
Occupational Safety
and Health
40 CFR
40 CFR
40 CFR
40 CFR
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.

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
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.

I i
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
which 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 Hotline.
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.
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
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
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
(Parts 264/265, Subpart AA), equipment leaks (Parts 264/265, Subpart BB), and cover
requirements for certain hazardous waste management units (Parts 264/265, Subpart
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 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
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
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.

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. In order to avoid duplication among regulatory programs, the
Agency is planning to use the authorities under the CAA, CWA, and RCRA. EPA is
planning on issuing a joint rulemaking establishing tailored standards for the
management of CKD in October 1998.
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. EPA's Office of Solid Waste and the Office of Air
Quality Planning and Standards are coordinating efforts in the development of
proposed rules to set emission standards for HAPs. EPA has already targeted several
types of hazardous waste combustion units as source categories under CAA §112.
Thus, EPA is required to establish NESHAPs for the hazardous waste combustion
units. Under §112, EPA proposed maximum achievable control technology
standards for these source categories (61 FR 17358; April 19, 1996). This rule will be
finalized in two phases. The first phase, expected in late Fall 1997, will address a
comparable fuel exemption and permit modification amendments. The second
phase, expected in Spring 1998, will finalize the remainder of the proposal.
The HAPs that EPA will consider regulating under the CAA/RCRA rulemakings
are chlorinated dioxins/furans, toxic metals, non-dioxin and non-furan compounds,
hydrogen chloride, and chlorine gas.
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
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
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 follow.
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-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 requirements.
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 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
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 sources are general, such as 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
Remember that 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.
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 RCRA.
Wastewater Treatment Units
The RCRA Hotline receives many questions about the wastewater treatment unit
exclusion. As you know, wastewater treatment units are defined as tanks or tank
systems which are part of a facility subject to the CWA (§264.1 (g) or 265.1(c)).
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.
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	
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 that all restricted listed hazardous wastes cannot be
diluted to meet the treatment standards (§261.3). Until recently, however, restricted
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 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 restricted 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 waste
is treated 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)(1)).
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 §§264.1(g) or 265.1(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
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 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 disposal of waste by depositing it into the subsurface through a septic
tank, cesspool, or a dry well. Underground injection may be used for hazardous
waste disposal. Under the underground injection control (UIC) program, owners
and operators of certain classes of underground injection wells 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 underground injection wells from RCRA
permitting requirements and from interim status regulations (§§264.1(d), 265.1(c)(2),
and 265.430); however, UIC wells may be subject to some of the interim status and
permitting requirements. Any related surface facilities will require RCRA permits
for hazardous waste treatment, storage, or disposal. Additionally, the UIC
regulations subject owners and operators of certain wells to some RCRA
regulations, such as waste minimization requirements and LDR treatment
standards. The injection of hazardous waste for which LDR treatment standards
have been promulgated is prohibited unless the waste has been treated to meet the
applicable standards or an exception has been granted based on a petition.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) regulates the
registration and labeling of pesticides. A pesticide is defined as any substance
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
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)(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
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 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 they intend to manufacture or import a new chemical, except those chemical
categories specifically excluded by TSCA. 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
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.

review, must notify EPA within 90 days before 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, and 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 with appropriate information. The first inventory was published in 1979,
based on information reported to EPA by chemical manufacturers, importers, and
processors. The inventory now consists of over 58,000 commercial chemical
substances that are or have been manufactured or imported into the United States
since January 1, 1975.
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.
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
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
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
land disposal restrictions (LDRs). The universal treatment standards (UTS) for
underlying hazardous constituents under the LDR program set PCB treatment
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 hazardous under RCRA only because they exhibit the toxicity characteristic
for an organic toxic constituent (waste codes D018 - D043).
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
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
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 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 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.

t !
16 - Other Laws That Interface With RCRA 	
•	Give the federal government the authority to take action to respond to
releases or threats of releases of hazardous substances, pollutants, and
•	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 a tax on crude oil and certain
commercial chemicals, general revenues, interest earned, and money recovered
from responsible parties. The Superfund program was founded on the premise that
the polluter must pay 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
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. This definition is much broader
than the definition of hazardous waste under RCRA. 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
this relationship.
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
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
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
conducted. These 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 site.
•	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
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 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.

The RCRA arid 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
•	Examination of available data to determine if an emergency action is
•	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.
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
On the other hand, the Agency will not automatically defer all sites eligible for
cleanup under another authority. For example, EPA will not defer federal facilities
from NPL listing because federal facilities are not eligible for Fund-financed
remedial action, and deferring them would not conserve Fund money. In addition,
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 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 authorities
•	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
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
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.
It is important that CERCLA site cleanups always progress in an environmentally
sound mariner. 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
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
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
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
l ;
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 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 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.

Title and Subtitle
0 5. Report Date
0 6.
7. Author(s)
8. Performing Organization Rept. No
9. Performing Organization Name and Address
° 10. Project/Task/Work Unit No.
° 11. Contract(C) or Grant(G) No.
° (C) 6S-W0-0039
12. Sponsoring Organization Name and Address
0 13. Type of Report & Period Covered
0	14.
15. Supplementary Notes
16. Abstract (Limit: 200 words)
17. Document Analysis a. Descriptors
b. Identifiers/Open-Ended Terms
c. COSATI Field/Group
18. Availability Statement
° 19. Security Class (This Report)"	21. No. of Pages
° 20. Security Class (This Page) 0	22. Price
° UNCLASSIFIED 	 	° 0.00	
(See ANSI-239.18)
OPTIONAL FORM 272 (4-77)
(Formerly NTIS-35)