| 85th | Top energy abbreviations |
| Full title | Solid Waste Disposal Act |
|---|---|
| Acronym / colloquial name | RCRA |
| Enacted by the | 96th United States Congress |
| Citations | |
| Public Law | P.L. 94-580 |
| Codification | |
| Act(s) amended | Solid Waste Disposal Act |
| Title(s) amended | 42 (Public Health) |
| U.S.C. sections created | 42 U.S.C. § 6901 et seq. |
| Legislative history | |
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| Major amendments | |
| Hazardous and Solid Waste Amendments of 1984 | |
The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal 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, which amended the Solid Waste Disposal Act of 1965, set national goals for:
EPA waste management regulations are codified at 40 C.F.R. pts. 239-282. Regulations regarding management of hazardous waste begins at 40 C.F.R. pt. 260. As noted below, most states have enacted laws and promulgated regulations that are at least as stringent as the federal regulations. Furthermore, the statute authorizes states to carry out many of the functions of RCRA through their own hazardous waste programs (and state laws), if such programs have been approved (authorized) by the EPA.
While RCRA handles many regulatory functions of hazardous and non-hazardous waste, arguably its most notable provisions regard the Subtitle C program which tracks the progress of hazardous wastes from their point of generation, their transport, and their treatment and/or disposal. Due to the extensive tracking elements at all points of the life of the hazardous waste, the overall process has become known as the "cradle to grave" system. The program exacts stringent bookkeeping and reporting requirements on generators, transporters, and operators of treatment, storage and disposal facilities handling hazardous waste.
Subtitle D of the Resource Conservation and Recovery Act (RCRA) addresses non-hazardous solid wastes, including certain hazardous wastes which are exempted from the Subtitle C regulations such as: hazardous wastes from households and from conditionally exempt small quantity generators. Subtitle D also includes garbage (milk containers, coffee grounds), non-recycled household appliances, the residue from incinerated automobile tires, refuse such as metal scrap, wall board and empty containers, and sludge from industrial and municipal waste water and water treatment plants and from pollution control facilities.
RCRA Subtitle J regulated medical waste in specified states and expired on March 22, 1991. If determined to be hazardous, medical waste is currently regulated by RCRA Subtitle C for hazardous wastes.
In 1984 Congress expanded the law with the Hazardous and Solid Wastes Amendments of 1984.[2] 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. In 1986, the law was expanded further to regulate underground storage tanks and other leaking waste storage facilities.
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.[3] 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.
Treatment, storage, and disposal facilities (TSDFs) manage hazardous wastes 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.
The permitting requirements for TSDFs appear in 40 CFR Parts 264 and 270. TSDFs manage (treat, store, or dispose) hazardous wastes 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.
RCRA contains a provision for whistleblower protection. Employees in the US who believe they were fired or suffered another adverse action related to enforcement of this law have 30 days to file a written complaint with the Occupational Safety and Health Administration.
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http://www.epa.gov/rcraonline">RCRA database - RCRA Online | Information Resources | Wastes | US EPA |
http://sanjour.us">Collected Papers of William Sanjour |
| http://www.workplacefairness.org/envwhistleblowers">Workplace Fairness FAQ for environmental whistleblowers - Environmental Whistleblowers - Workplace Fairness |
| Act (WPA). http://www.whistleblower.org">Government Accountability Project - GAP - Government Accountability Project |
| Act. http://www.whistleblowers.org">National Whistleblower Center - National Whistleblowers Center - Home |
| http://www.peer.org">Public Employees for Environmental Responsibility (PEER) - Public Employees for Environmental Responsibility: Homepage |
| http://www.fws.gov/laws/lawsdigest/fwatrpo.html">Information on the Act - Federal Water Pollution Control Act (Clean Water Act) |
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