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:

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.

 

Table IV.6 Local Government Activities and Related RCRA Requirements

 

Activities

Hazardous Waste Program 1 (Subtitle C)

Used Oil

USTs

BIFs

Solid Waste Program (Subtitle D)

Maintenance and renovation of roads, bridges, and tunnels

X

 

 

 

 

 

 

X

Maintenance and repair of buildings

X

X

 

X

 

Renovation and demolition of buildings

X

     

X

Pesticide/pesticide container disposal

X

   

 

 

 

Hazardous materials response

 

 

 

 

 

 

 

 

 

Photoprocessing hazardous waste storage and disposal

X

 

 

 

 

 

 

 

Solid wastes from photoprocessing (RCRA Subtitle D)

X

 

 

 

 

 

 

X

Disposal of bullets/bullet fragments

X

 

 

 

X

Lead-contaminated soil from shooting ranges

X

 

 

 

 

 

 

Landfill design and operation

     

 

X

Municipal waste combustion

         

Solid waste collection

   

 

   

Chemical waste from laboratory operations (wastewater treatment)

X

 

 

 

 

 

 

 

Disposal of biosolids exhibiting toxic characteristics

X

 

 

 

 

 

 

 

Laboratory operations (drinking water)

X

 

 

 

X

Residuals management (drinking water)

       

X

Pump maintenance

 

X

X

 

 

Storage tank maintenance

X

 

 

 

 

 

 

 

Changing vehicle fluids

X

X

     

Washing vehicle parts

X

 

 

 

 

 

 

 

Disposing used batteries

X

 

 

   

Painting vehicles

X

 

 

 

 

 

 

 

Underground fuel storage

X

 

X

   

Disposal of spilled or unusable fuel

X

 

 

 

 

 

 

 

1 Includes identification, generation, land disposal restrictions, and tanks / containment.