The Resource Conservation and Recovery Act

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The Resource Conservation and Recovery Act

42 U.S.C. §6901 et seq. (1976)

The Resource Conservation and Recovery Act (RCRA) gives EPA the authority to control hazardous waste from cradle to grave. This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous solid wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances.

HSWA - the Federal Hazardous and Solid Waste Amendments - are the 1984 amendments to RCRA that focused on waste minimization and phasing out land disposal of hazardous waste as well as corrective action for releases. Some of the other mandates of this law include increased enforcement authority for EPA, more stringent hazardous waste management standards, and a comprehensive underground storage tank program.

 

The Resource Conservation and Recovery Act (RCRA) is a federal law enacted in 1976 to regulate the management of hazardous waste from generation to disposal. RCRA is administered by the Environmental Protection Agency (EPA) and aims to protect human health and the environment from the potential hazards of improper hazardous waste management.

Key provisions of the Resource Conservation and Recovery Act include:

  1. Hazardous Waste Identification: RCRA establishes criteria for identifying hazardous waste based on characteristics such as ignitability, corrosivity, reactivity, and toxicity. It also regulates specific types of hazardous wastes, such as listed wastes, which are deemed hazardous regardless of their characteristics.

  2. Hazardous Waste Management Standards: RCRA sets standards for the treatment, storage, and disposal of hazardous waste to minimize the risks posed by these materials. The law requires facilities that generate, transport, treat, store, or dispose of hazardous waste to obtain permits and comply with regulatory requirements.

  3. Waste Minimization: RCRA promotes waste minimization and recycling through the implementation of source reduction practices and recycling programs. The law encourages businesses and industries to reduce the generation of hazardous waste and to find environmentally sound alternatives to disposal.

  4. Land Disposal Restrictions: RCRA establishes restrictions on the land disposal of hazardous waste to prevent releases of hazardous substances into the environment. The law requires treatment of hazardous waste prior to land disposal to meet specified treatment standards.

  5. Corrective Action: RCRA requires facilities that have released hazardous waste or are otherwise contaminated to conduct investigations and implement corrective actions to clean up the contamination and prevent further releases.

  6. State Authorization: RCRA allows states to develop their own hazardous waste management programs, provided they are at least as stringent as the federal program. States that meet these criteria can receive authorization to implement and enforce their own programs.

  7. Enforcement: RCRA provides enforcement mechanisms to ensure compliance with its requirements, including inspections, penalties for non-compliance, and corrective action orders.

Overall, the Resource Conservation and Recovery Act has been instrumental in improving the management of hazardous waste in the United States, reducing risks to human health and the environment. The law has helped to establish a comprehensive framework for the safe handling, treatment, and disposal of hazardous waste, while also promoting waste minimization and recycling efforts.