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Other short titles | Resource Conservation and Recovery Act of 1976 |
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Long title | An Act to provide technical and financial assistance for the development of management plans and facilities for the recovery of energy and other resources from discarded materials and for the safe disposal of discarded materials, and to regulate the management of hazardous waste. |
Acronyms (colloquial) | RCRA |
Nicknames | Solid Waste Utilization Act |
Enacted by | the 94th United States Congress |
Effective | October 21, 1976 |
Citations | |
Public law | 94-580 |
Statutes at Large | 90 Stat. 2795 |
Codification | |
Acts amended | Solid Waste Disposal Act of 1965 |
Titles amended | 42 U.S.C.: Public Health and Social Welfare |
U.S.C. sections created | 42 U.S.C. ch. 82 § 6901 et seq. |
Legislative history | |
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United States Supreme Court cases | |
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The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the primary federal law in the United States governing the disposal of solid waste and hazardous waste. [1]
Congress enacted RCRA to address the increasing problems the nation faced from its growing volume of municipal and industrial waste. RCRA was an amendment of the Solid Waste Disposal Act of 1965. The act set national goals for:
The RCRA program is a joint federal and state endeavor, with the U.S. Environmental Protection Agency (EPA) providing basic requirements that states then adopt, adapt, and enforce. [3] RCRA is now most widely known for the regulations promulgated under it that set standards for the treatment, storage and disposal of hazardous waste in the United States. However, it also plays an integral role in the management of municipal and industrial waste as well as underground storage tanks. [3]
EPA has published waste management regulations, which are codified in Title 40 of the Code of Federal Regulations at parts 239 through 282. [4] Regulations regarding management of hazardous waste begin in part 260. [5] States are authorized to operate their own hazardous waste programs, which must be at least as stringent as federal standards, and are tasked with creating state implementation plans for managing solid waste. [3]
In California, the Department of Toxic Substances Control (DTSC) is the primary authority enforcing the RCRA requirements, as well as the California Hazardous Waste Control Law (HWCL) of 1972.
Arguably the most notable provisions of the RCRA statute are included in Subtitle C, which directs EPA to establish controls on the management of hazardous wastes from their point of generation, through their transportation and treatment, storage and/or disposal. Because RCRA requires controls on hazardous waste generators (i.e., sites that generate hazardous waste), transporters, and treatment, storage and disposal facilities (i.e., facilities that ultimately treat/dispose of or recycle the hazardous waste), the overall regulatory framework has become known as the "cradle to grave" system. States are authorized to implement their own hazardous waste programs. [3] The statute imposes stringent recordkeeping and reporting requirements on generators, transporters, and operators of treatment, storage and disposal facilities handling hazardous waste.
Subtitle D provides criteria for landfills and other waste disposal facilities, and banned open landfills. [6] EPA published its initial standards in 1979 for "sanitary" landfills that receive municipal solid waste. [7] The "solid waste" definition includes garbage (e.g., food containers, coffee grounds), non-recycled household appliances, residue from incinerated automobile tires, refuse such as metal scrap, construction materials, and sludge from industrial and sewage treatment plants and drinking water treatment plants. [8] Subtitle D also exempted certain hazardous wastes from the Subtitle C regulations, such as hazardous wastes from households and from conditionally exempt small quantity generators.
In 1980 Congress designated several kinds of industrial wastes as "special wastes," which are exempt from Subtitle C, including oil and gas exploration and production wastes (such as drill cuttings, produced water, and drilling fluids), coal combustion residuals generated by electric power plants and other industries, mining waste, and cement kiln dust. [9] See Solid Waste Disposal Amendments of 1980.
The operation of underground storage tanks (USTs) became subject to the RCRA regulatory program with enactment of the Hazardous and Solid Waste Amendments of 1984 (HSWA). [10] At that time there were about 2.1 million tanks subject to federal regulation, and the EPA program led to closure and removal of most substandard tanks. [11] As of 2009 there were approximately 600,000 active USTs at 223,000 sites subject to federal regulation. [12]
The federal UST regulations cover tanks storing petroleum or listed hazardous substances, and define the types of tanks permitted. EPA established a tank notification system to track UST status. UST regulatory programs are principally administered by state and U.S. territorial agencies. [13]
The regulations set standards for:
The Superfund Amendments and Reauthorization Act of 1986 (SARA) required owners and operators of USTs to ensure corrective action is completed when a tank is in need of repair, or removal, when it is necessary to protect human health and the environment. [14] The amendments established a trust fund to pay for the cleanup of leaking UST sites where responsible parties cannot be identified. [15]
It is also recommended that above-ground storage tanks are used whenever possible. [16] [17]
RCRA Subtitle J regulated medical waste in four states (New York, New Jersey, Connecticut, Rhode Island) and Puerto Rico, and expired on March 22, 1991. (See Medical Waste Tracking Act.) State environmental and health agencies regulate medical waste, rather than EPA. Other federal agencies have issued safety regulations governing the handling of medical waste, including the Centers for Disease Control and Prevention, Occupational Safety and Health Administration, and the Food and Drug Administration. [18]
Congress exempted several types of wastes from classification as hazardous under Subtitle C in its 1980 amendment to RCRA. The Solid Waste Disposal Amendments of 1980 [19] designated the following categories as "special wastes" and not subject to the stricter permitting requirements of Subtitle C:
These legislative exemptions, known as the "Bevill exclusion" and the "Bentsen exclusion", were intended to be temporary, pending studies conducted by EPA and subsequent determinations as to whether any of these waste categories should be classified as hazardous. In its reviews following the 1980 amendments, EPA determined that most of the exempted waste types would continue to be classified as non-hazardous. [21]
This section needs to be updated. The reason given is: EPA finalized the 'Part A' CCR reg in 2020 and the 'Legacy Surface Impoundments' reg in 2024.(September 2024) |
EPA published a CCR regulation in 2015 that would restrict the continued use of unlined ash ponds (surface impoundments) by coal-fired power plants. [22] This regulation, was which was modified by the Trump administration in 2018, [23] [24] has been challenged in litigation and remanded to EPA for further revision by the United States Court of Appeals for the District of Columbia Circuit. [25] [26] In response to the court decision, EPA published a proposed rule on December 2, 2019 that would establish an August 31, 2020 deadline for facilities to stop placing ash in unlined impoundments. The proposal would also provide additional time for some facilities—up to eight years—to find alternatives for managing ash wastes before closing surface impoundments. [27] [28]
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as "Superfund," was enacted in 1980 to address the problem of remediating abandoned hazardous waste sites, by establishing legal liability, as well as a trust fund for cleanup activities. [29] In general CERCLA applies to contaminated sites, while RCRA's focus is on controlling the ongoing generation and management of particular waste streams. RCRA, like CERCLA, has provisions to require cleanup of contaminated sites that occurred in the past.
In 1984 Congress expanded the scope of RCRA with the enactment of Hazardous and Solid Waste Amendments (HSWA). [10] The amendments strengthened the law by covering small quantity generators of hazardous waste and establishing requirements for hazardous waste incinerators, and the closing of substandard landfills. [2]
The Land Disposal Program Flexibility Act of 1996 allowed some flexibility in the procedures for land disposal of certain wastes. For example, a waste is not subject to land disposal restrictions if it is sent to an industrial wastewater treatment facility, a municipal sewage treatment plant, or is treated in a "zero discharge" facility. [30]
This section needs expansion. You can help by adding to it. (May 2008) |
Treatment, storage, and disposal facilities (TSDFs) manage hazardous waste under RCRA Subtitle C and generally must have a permit in order to operate. While most facilities have RCRA permits, some continue to operate under what is called "interim status." Interim status requirements appear in 40 CFR Part 265. [31]
The permitting requirements for TSDFs appear in 40 CFR Parts 264 and 270. [32] TSDFs manage (treat, store, or dispose) hazardous waste in units that may include: container storage areas, tanks, surface impoundments, waste piles, land treatment units, landfills, incinerators, containment buildings, and/or drip pads. The unit-specific permitting and operational requirements are described in further detail in 40 CFR Part 264, Subparts J through DD.
City of Philadelphia v. New Jersey, 437 U.S. 617 (1978). The United States Supreme Court held that states could not discriminate against another state's articles of commerce. A New Jersey statute that prohibited the importation of waste that originated or was collected outside New Jersey was held to violate the Commerce Clause of the United States Constitution. [33]
Hallstrom v. Tillamook County, 493 U.S. 20 (1990). The Supreme Court held that a citizen suit under the RCRA must be dismissed if the plaintiff fails to meet the statute's notice and 60-day delay requirements. [34]
Department of Energy v. Ohio, 503 U.S. 607 (1992). The Supreme Court held that Congress did not waive the federal government's sovereign immunity from liability for civil fines imposed by a state for past violations of the Clean Water Act (CWA) or RCRA. [35]
Meghrig v. KFC Western, Inc., 516 U.S. 479 (1996). The Supreme Court held that the RCRA does not authorize a citizen suit to recover past cleanup costs when the toxic waste does not, at the time of suit, continue to pose an endangerment to health or the environment. [36]
Southern Union Co. v. United States, 567 U.S. 343 (2012). The Supreme Court held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the statutory maximum must be submitted to the jury and determined beyond a reasonable doubt. [37]
Hazardous waste is waste that must be handled properly to avoid damaging human health or the environment. Waste can be hazardous because it is toxic, reacts violently with other chemicals, or is corrosive, among other traits. As of 2022, humanity produces 300-500 million metric tons of hazardous waste annually. Some common examples are electronics, batteries, and paints. An important aspect of managing hazardous waste is safe disposal. Hazardous waste can be stored in hazardous waste landfills, burned, or recycled into something new. Managing hazardous waste is important to achieve worldwide sustainability. Hazardous waste is regulated on national scale by national governments as well as on an international scale by the United Nations (UN) and international treaties.
Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.
An underground storage tank (UST) is, according to United States federal regulations, a storage tank, including any underground piping connected to the tank, that has at least 10 percent of its volume underground.
Hazardous Waste Operations and Emergency Response is a set of guidelines produced and maintained by the Occupational Safety and Health Administration which regulates hazardous waste operations and emergency services in the United States and its territories. With these guidelines, the U.S. government regulates hazardous wastes and dangerous goods from inception to disposal.
Household hazardous waste (HHW) was a term coined by Dave Galvin from Seattle, Washington in 1982 as part of the fulfillment of a US EPA grant. This new term was reflective of the recent passage of the Resource Conservation and Recovery Act of 1976 in the US. This act and subsequent regulations strengthened the environmental protection requirements for landfills, in Subpart D, and created a "cradle to grave" management system for hazardous wastes, in Subpart C. From RCRA 1976 the US EPA promulgated rules in 1980 which explicitly excluded any wastes from household origins from regulation as a hazardous waste at the federal level. Most US states adopted parallel regulations to RCRA 1976 but were allowed to be more stringent. California took advantage of this allowance and chose to not exempt household origin wastes from their state hazardous waste laws. HHW products exhibit many of the same dangerous characteristics as fully regulated hazardous waste which are their potential for reactivity, ignitability, corrosivity, toxicity, or persistence. Examples include drain cleaners, oil paint, motor oil, antifreeze, fuel, poisons, pesticides, herbicides and rodenticides, fluorescent lamps, lamp ballasts containing PCBs, some smoke detectors, and in some states, consumer electronics. Except for California, most states exclude HHW from their hazardous waste regulations and regulate the management of HHW largely under their solid waste regulatory schemes.
Title 40 is a part of the United States Code of Federal Regulations. Title 40 arranges mainly environmental regulations that were promulgated by the US Environmental Protection Agency (EPA), based on the provisions of United States laws. Parts of the regulation may be updated annually on July 1.
In the United States, several federal agencies and laws have some jurisdiction over pollution from ships in U.S. waters. States and local government agencies also have responsibilities for ship-related pollution in some situations.
Under United States environmental policy, hazardous waste is a waste that has the potential to:
To protect the environment from the adverse effects of pollution, many nations worldwide have enacted legislation to regulate various types of pollution as well as to mitigate the adverse effects of pollution. At the local level, regulation usually is supervised by environmental agencies or the broader public health system. Different jurisdictions often have different levels regulation and policy choices about pollution. Historically, polluters will lobby governments in less economically developed areas or countries to maintain lax regulation in order to protect industrialisation at the cost of human and environmental health.
Municipal solid waste (MSW) – more commonly known as trash or garbage – consists of everyday items people use and then throw away, such as product packaging, grass clippings, furniture, clothing, bottles, food scraps and papers. In 2018, Americans generated about 265.3 million tonnes of waste. In the United States, landfills are regulated by the Environmental Protection Agency (EPA) and the states' environmental agencies. Municipal solid waste landfills (MSWLF) are required to be designed to protect the environment from contaminants that may be present in the solid waste stream.
An ash pond, also called a coal ash basin or surface impoundment, is an engineered structure used at coal-fired power stations for the disposal of two types of coal combustion products: bottom ash and fly ash. The pond is used as a landfill to prevent the release of ash into the atmosphere. Although the use of ash ponds in combination with air pollution controls decreases the amount of airborne pollutants, the structures pose serious health risks for the surrounding environment.
Water quality laws govern the protection of water resources for human health and the environment. Water quality laws are legal standards or requirements governing water quality, that is, the concentrations of water pollutants in some regulated volume of water. Such standards are generally expressed as levels of a specific water pollutants that are deemed acceptable in the water volume, and are generally designed relative to the water's intended use - whether for human consumption, industrial or domestic use, recreation, or as aquatic habitat. Additionally, these laws provide regulations on the alteration of the chemical, physical, radiological, and biological characteristics of water resources. Regulatory efforts may include identifying and categorizing water pollutants, dictating acceptable pollutant concentrations in water resources, and limiting pollutant discharges from effluent sources. Regulatory areas include sewage treatment and disposal, industrial and agricultural waste water management, and control of surface runoff from construction sites and urban environments. Water quality laws provides the foundation for regulations in water standards, monitoring, required inspections and permits, and enforcement. These laws may be modified to meet current needs and priorities.
Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.
The Guam Environmental Protection Agency is a government agency of the United States territory of Guam.
Solid waste policy in the United States is aimed at developing and implementing proper mechanisms to effectively manage solid waste. For solid waste policy to be effective, inputs should come from stakeholders, including citizens, businesses, community-based organizations, non-governmental organizations, government agencies, universities, and other research organizations. These inputs form the basis of policy frameworks that influence solid waste management decisions. In the United States, the Environmental Protection Agency (EPA) regulates household, industrial, manufacturing, and commercial solid and hazardous wastes under the 1976 Resource Conservation and Recovery Act (RCRA). Effective solid waste management is a cooperative effort involving federal, state, regional, and local entities. Thus, the RCRA's Solid Waste program section D encourages the environmental departments of each state to develop comprehensive plans to manage nonhazardous industrial and municipal solid waste.
There are many exemptions for fracking under United States federal law: the oil and gas industries are exempt or excluded from certain sections of a number of the major federal environmental laws. These laws range from protecting clean water and air, to preventing the release of toxic substances and chemicals into the environment: the Clean Air Act, Clean Water Act, Safe Drinking Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund.
The Reducing Excessive Deadline Obligations Act of 2013 is a bill that would change the frequency of reports from the United States Environmental Protection Agency (EPA) about solid waste regulations. Instead of being forced to automatically review the regulations every three years, the EPA would be able to review them on an as needed basis. It would also grant precedence to state financial requirements for hazardous substances over federal requirements. The bill was introduced on June 6, 2013, into the United States House of Representatives during the 113th United States Congress.
The Solid Waste Disposal Act (SWDA) is an act passed by the United States Congress in 1965. The United States Environmental Protection Agency described the Act as "the first federal effort to improve waste disposal technology". After the Second Industrial Revolution, expanding industrial and commercial activity across the nation, accompanied by increasing consumer demand for goods and services, led to an increase in solid waste generation by all sectors of the economy. The act established a framework for states to better control solid waste disposal and set minimum safety requirements for landfills. In 1976 Congress determined that the provisions of SWDA were insufficient to properly manage the nation's waste and enacted the Resource Conservation and Recovery Act (RCRA). Congress passed additional major amendments to SWDA in the Hazardous and Solid Waste Amendments of 1984 (HSWA).
Water in Arkansas is an important issue encompassing the conservation, protection, management, distribution and use of the water resource in the state. Arkansas contains a mixture of groundwater and surface water, with a variety of state and federal agencies responsible for the regulation of the water resource. In accordance with agency rules, state, and federal law, the state's water treatment facilities utilize engineering, chemistry, science and technology to treat raw water from the environment to potable water standards and distribute it through water mains to homes, farms, business and industrial customers. Following use, wastewater is collected in collection and conveyance systems, decentralized sewer systems or septic tanks and treated in accordance with regulations at publicly owned treatment works (POTWs) before being discharged to the environment.
Industrial stormwater is runoff from precipitation that lands on industrial sites. This runoff is often polluted by materials that are handled or stored on the sites, and the facilities are subject to regulations to control the discharges.
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