Resource Conservation and Recovery Act (RCRA)
The Resource Conservation And Recovery Act (RCRA) of 1976 which amended the Solid Waste Disposal Act, addresses nonhazardous (Subtitle D) and hazardous (Subtitle C) waste management activities. The Hazardous and Solid Waste Amendments (HSWA) of 1984 strengthened RCRA's waste management provisions and added Subtitle I, which governs underground storage tanks (USTs).
Regulations promulgated pursuant to Subtitle C of RCRA (40 CFR Parts 260-299) establish a "cradle-to-grave" system governing hazardous waste from the point of generation to disposal. RCRA hazardous wastes include the specific materials listed in the regulations (commercial chemical products, designated with the code "P" or "U"; hazardous wastes from specific industries/sources, designated with the code "K"; or hazardous wastes from non-specific sources, designated with the code "F") or materials which exhibit a hazardous waste characteristic (ignitability, corrosivity, reactivity, or toxicity and designated with the code "D").
Regulated entities that generate hazardous waste are subject to waste accumulation, manifesting, and record keeping standards. Facilities generally must obtain a permit either from EPA or from a State agency that EPA has authorized to implement the permitting program if they store hazardous wastes for more than 90 days before treatment or disposal. Facilities may treat less-than-ninety-day tanks or containers of hazardous wastes without a permit. Subtitle C permits contain general facility standards such as contingency plans, emergency procedures, record keeping and reporting requirements, financial assurance mechanisms, and unit-specific standards. RCRA also contains provisions (40 CFR Part 264 Subpart S and ยง264.101) for conducting corrective actions which govern the cleanup of releases of hazardous waste or constituents from solid waste management units at RCRA treatment, storage, and disposal facilities.
Although RCRA is a Federal statute, many States implement the RCRA program. Currently, EPA has delegated its authority to implement various provisions of RCRA to 47 of the 50 States and two U.S. territories. Delegation has not been given to Alaska, Hawaii, or Iowa.
Most RCRA requirements are not industry specific but apply to any entity that generates, transports, treats, stores, or disposes of hazardous waste. Here are some important RCRA regulatory requirements:
Identification of Solid and Hazardous Wastes (40 CFR Part 261) lays out the procedure every generator must follow to determine whether the material in question is considered a hazardous waste, solid waste, or is exempted from regulation.
Standards for Generators of Hazardous Waste (40 CFR Part 262) establishes the responsibilities of hazardous waste generators including obtaining an EPA ID number, preparing a manifest, ensuring proper packaging and labeling, meeting standards for waste accumulation units, and recordkeeping and reporting requirements. Providing they meet additional requirements described in 40 CFR 262.34, generators may accumulate hazardous waste for up to 90 days (or 180 or 270 days depending on the amount of waste generated and the distance the waste will be transported.
Land Disposal Restrictions (LDRs) (40 CFR Part 268) are regulations prohibiting the disposal of hazardous waste on land without prior treatment. Under the LDRs program, materials must meet LDR treatment standards prior to placement in a RCRA land disposal unit (landfill, land treatment unit, waste pile, or surface impoundment). Generators of waste subject to the LDRs must provide notification of such to the designated TSD facility to ensure proper treatment prior to disposal.
Used Oil Management Standards (40 CFR Part 279) impose management requirements affecting the storage, transportation, burning, processing, and re-refining of the used oil. For parties that merely generate used oil, regulations establish storage standards. For a party considered a used oil processor, re-refiner, burner, or marketer (one who generates and sells off-specification used oil directly to a used oil burner), additional tracking and paperwork requirements must be satisfied.
RCRA contains unit-specific standards for all units used to store, treat, or dispose of hazardous waste, including Tanks and Containers. Tanks and containers used to store hazardous waste with a high volatile organic concentration must meet emission standards under RCRA. Regulations (40 CFR Part 264-265, Subpart CC) require generators to test the waste to determine the concentration of the waste, to satisfy tank and container emissions standards, and to inspect and monitor regulated units. These regulations apply to all facilities that store such waste, including large quantity generators accumulating waste prior to shipment off-site.
Underground Storage Tanks (USTs) containing petroleum and hazardous substances are regulated under Subtitle I of RCRA. Subtitle I regulations (40 CFR Part 280) contain tank design and release detection requirements, as well as financial responsibility and corrective action standards for USTs. The UST program also includes upgrade requirements for existing tanks that must be met by December 22, 1998.
Boilers and Industrial Furnaces (BIFs) that use or burn fuel containing hazardous waste must comply with design and operating standards. BIF regulations (40 CFR Part 266, Subpart H) address unit design, provide performance standards, require emissions monitoring, and restrict the type of waste that may be burned.
Solid Waste Management (Subtitle D) The RCRA Subtitle D regulations establish standards and guidelines for solid waste collection and disposal programs, and recycling programs. The regulations also establish criteria for design, operation, maintenance and closure for municipal solid waste landfills. Finally, the regulations establish requirements for thermal processing (incineration) and resource recovery facilities.
Local governments may have numerous operations that result in the generation and management of different types of solid and hazardous waste. These operations may be subject to specific parts of RCRA depending on the type of waste generated, how it is managed (e.g., stored, transported), and how it is disposed. A table of the major provisions of RCRA applicable to local governments is provided below.
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Table IV.6 Local Government Activities and Related RCRA Requirements |
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Activities |
Hazardous Waste Program 1 (Subtitle C) |
Used Oil |
USTs |
BIFs |
Solid Waste Program (Subtitle D) |
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Maintenance and renovation of roads, bridges, and tunnels |
X |
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X |
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Maintenance and repair of buildings |
X |
X |
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X |
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Renovation and demolition of buildings |
X |
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X |
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Pesticide/pesticide container disposal |
X |
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Hazardous materials response |
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Photoprocessing hazardous waste storage and disposal |
X |
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Solid wastes from photoprocessing (RCRA Subtitle D) |
X |
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X |
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Disposal of bullets/bullet fragments |
X |
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X |
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Lead-contaminated soil from shooting ranges |
X |
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Landfill design and operation |
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X |
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Municipal waste combustion |
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Solid waste collection |
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Chemical waste from laboratory operations (wastewater treatment) |
X |
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Disposal of biosolids exhibiting toxic characteristics |
X |
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Laboratory operations (drinking water) |
X |
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X |
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Residuals management (drinking water) |
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X |
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Pump maintenance |
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X |
X |
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Storage tank maintenance |
X |
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Changing vehicle fluids |
X |
X |
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Washing vehicle parts |
X |
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Disposing used batteries |
X |
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Painting vehicles |
X |
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Underground fuel storage |
X |
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X |
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Disposal of spilled or unusable fuel |
X |
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1 Includes identification, generation, land disposal restrictions, and tanks / containment.
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