What we know as RCRA is a compilation of the first solid waste statutes and all subsequent statutory amendments (including the 1984 Hazardous and Solid Waste Amendments (HSWA)). RCRA authorizes the U.S. Environmental Protection Agency (EPA) to develop and issue regulations that provide detailed, legally enforceable waste management requirements and to enforce such regulations. The objectives of RCRA are to:
- Protect human health and the environment from the hazards posed by waste disposal.
- Conserve energy and natural resources through waste recovery and recycling.
- Reduce or eliminate the amount of hazardous waste generated.
- Ensure that wastes are managed in an environmentally sound manner that protects human health and the environment.
- Prevent future problems caused by irresponsible waste management.
- Clean up releases of hazardous waste in a timely, flexible, and protective manner.
RCRA is divided into 10 subtitles, Subtitles A through J. The three most significant and interrelated RCRA waste management programs are found in:
- Subtitle C. This subtitle describes a management system for the regulation of hazardous wastes from the time of their generation to the time of their disposal or, as is often said, “from cradle to grave.” The RCRA regulations promulgated under Subtitle C identify the criteria to determine which solid wastes are hazardous and then establishes requirements for the three categories of hazardous waste handlers: generators; transporters; and owners and operators of hazardous waste treatment, storage, and disposal facilities (TSDFs). Subtitle C includes technical standards for the design and safe operation of TSDFs as well as permitting requirements.
- Subtitle D. This subtitle presents the federal criteria for the proper design and operation of municipal solid waste landfills and other nonhazardous solid waste disposal facilities. Subtitle D focuses on state and local governments as the primary planning, regulating, and implementing entities for the management of nonhazardous solid wastes such as household garbage and nonhazardous industrial solid waste.
- Subtitle I. This subtitle sets forth the standards for regulating underground storage tanks (USTs) that store petroleum products and hazardous substances (as defined under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)). Under Subtitle I, EPA has developed performance standards for new tanks, upgrading requirements for existing tanks, and regulations to prevent, detect, and clean up releases at UST sites.
RCRA authorizes states to develop and enforce their own waste management programs, in lieu of the federal program administered by EPA. A state’s waste management program must be approved by EPA and can be more, but not less, stringent or broader in scope than the federal requirements
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How RCRA Affects You
Waste handlers subject to RCRA and its waste management regulations must be aware of their statutory and regulatory responsibilities and comply with them in order to protect the environment and avoid civil and/or criminal penalties.
Although there are many important components of EPA’s RCRA regulations, employee training is one of the most important. TSDFs and large quantity generators of hazardous waste are required to train employees within 6 months of commencement of employment or assignment to a new position. Refresher training must be provided annually. Small quantity generators of hazardous waste must ensure that facility personnel are thoroughly familiar with proper waste handling and emergency response procedures.
TSDFs and hazardous waste generators all have training requirements under the U.S. Department of Transportation’s (DOT’s) hazardous materials regulations when receiving waste or transporting waste off-site.
Elizabeth M. Dickinson, J.D., is a Legal Editor for BLR’s environmental publications, focusing primarily on hazardous waste related topics. Ms Dickinson has covered environmental developments since 1994. Before starting her career in publishing, she was a corporate and securities attorney at Cummings & Lockwood and at Aetna Life and Casualty, both in Hartford, Connecticut. She received a Bachelor of Arts degree, cum laude, in English and American Literature and Language from Harvard University and her Juris Doctorate, cum laude, from the University of Connecticut School of Law, where she was an Articles Editor of the Connecticut Law Review. Ms. Dickinson is licensed to practice law in Connecticut.