Table of Contents
Solid and Hazardous Waste Regulations
The following is a summary of the Resource Conservation and Recovery
Act and its amendments, as contained in Title 42, Chapter 82 of the United
States Code [http://www.law.cornell.edu/uscode/42/ch82.html]. This information is provided as an aide to help understand the requirements
of the federal statute, as they pertain to specific industrial or manufacturing
operations. This information is not provided nor intended to act
as a substitute for legal or other professional services. The full
text version of the statute can be viewed by clicking HERE and following
the directions.
The Resource Conservation and Recovery Act (RCRA) (40 CFR Parts 240-299)
of 1976, as amended by the Hazardous and Solid Waste Amendments of 1984,
directs the U.S. Environmental Protection Agency (EPA) to regulate and
control the generation, treatment, storage, disposal, and transportation
of solid and hazardous wastes. Concern over the “disposal of solid
and hazardous waste in or on the land without careful planning and management”
prompted Congress to enact RCRA so that “whenever feasible, the generation
of hazardous waste is to be reduced or eliminated as expeditiously as possible. Waste that is nonetheless generated should be treated, stored, or disposed
of so as to minimize the present and future threat to human health and
the environment.” RCRA encourages responsible use and proper management
of non-hazardous solid waste and establish a national “cradle-to-grave”
management system for the tracking and control of hazardous wastes.
Key Provisions of the Subtitles of RCRA
Subtitle A: General Provisions
Subtitle A contains the motivation and objectives of the Act.
Subtitle B: Office of Solid Waste; Authorities of the Administrator
Subtitle B creates the Office of Solid Waste within the EPA and requires
the EPA Administrator to submit an Annual Report to Congress and the President
on all activities of the Office.
Subtitle C: Hazardous Waste Management
Subtitle C establishes the hazardous waste management system (40
CFR Part 260) for tracking and controlling hazardous wastes through
the use of hazardous waste manifests that accompany the waste from the
point of generation to the ultimate point of treatment, storage, or disposal. States are granted the authorization to administer state hazardous waste
programs.
Subtitle C defines two key issues of interest to organic finishing facilities. Identification of solid and hazardous wastes (40
CFR Part 261) provides guidelines for classifying generated waste as
either hazardous waste, solid waste, or exempted from this regulation. Standards for Generators of Hazardous Waste (40
CFR Part 262) provides the responsibilities that hazardous waste generators
must meet to comply with RCRA requirements. Among these, hazardous
waste generators must obtain an ID number, prepare a manifest, ensure proper
packaging and labeling, meet standards for waste accumulation units, and
comply with recordkeeping and reports standards.
Even though most RCRA standards and requirements are not industry-specific,
they do apply to any industry or source that generates, treats, stores,
transports, or disposes of hazardous waste.
Subtitle D: State or Regional Solid Waste Plans
Subtitle D designates States as responsible for regulation of non-hazardous
solid waste. By supporting and adopting solid waste plans, States
are eligible for funding and technical assistance from the EPA in carrying
out plans. This Subtitle establishes requirements for municipal solid
waste landfill units, including the use of composite liners to prevent
contamination of groundwater sources.
Subtitle E: Duties of the Secretary of Commerce in Resource and
Recovery
Subtitle E mandates commercialization of resource recovery technology.
Subtitle F: Federal Responsibilities
Subtitle F requires all federal facilities to comply with the regulations
and promotes the procurement of products manufactured from secondary materials.
Subtitle G: Miscellaneous Provisions
Subtitle G provides citizens to file actions against any person, including
the U.S., for violating the regulation.
Subtitle H: Research, Development, Demonstration, and Information
Subtitle H instructs the EPA to conduct and promote the coordination
of research, investigations, experiments, training, demonstrations, surveys,
public education programs, and studies relating to topics such as waste
management, resource recovery, and waste reduction.
Subtitle I: Regulation of Underground Storage Tanks
Subtitle I establishes requirements for underground storage tanks.
Subtitle J: Demonstration Medical Waste Tracking Program
Subtitle J assesses issues with medical waste.
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