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Waste Management . Resource Conservation and Recovery Act 42 U.S.C. § 321 et seq. (1976). Waste Management and Pollution Control . Hierarchy of Waste Management Pollution Prevention Waste Reduction Recycle Treatment Disposal Pollution Prevention Act of 1990. Predecessor Laws.

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waste management

Waste Management

Resource Conservation and Recovery Act

42 U.S.C. § 321 et seq. (1976)

waste management and pollution control
Waste Management and Pollution Control
  • Hierarchy of Waste Management
    • Pollution Prevention
    • Waste Reduction
    • Recycle
    • Treatment
    • Disposal

Pollution Prevention Act of 1990

Environmental Law Week 2

predecessor laws
Predecessor Laws
  • 1965 Solid Waste Disposal Act
  • 1970 Pollution Prevention Packaging Act
  • 1976 Resource Recovery Act
  • Hazardous and Solid Waste Amendments of 1984

Environmental Law Week 2

hazardous and solid waste amendment act of 1984
Hazardous and Solid Waste Amendment Act of 1984
  • Get Rita and Ann
  • Broadened the scope of RCRA
  • Established hammers for compliance

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in this session solid waste disposal
In This Session-Solid Waste Disposal
  • Top 10 of 50
    • Underground Storage Tank Compliance Act of 2001 (Introduced in Senate)[S.1850.IS]
    • Brownfields Economic Development Act of 2001 (Introduced in Senate)[S.1078.IS]
    • Federal Reformulated Fuels Act of 2001 (Introduced in Senate)[S.950.IS]
    • Federal Reformulated Fuels Act of 2001 (Reported in Senate)[S.950.RS]
    • Brownfield Site Redevelopment Assistance Act of 2001 (Introduced in Senate)[S.1079.IS]
    • Solid Waste Compact Act (Introduced in House)[H.R.667.IH]
    • National Beverage Container Reuse and Recycling Act of 2001 (Introduced in House)[H.R.1667.IH]
    • National Beverage Container Reuse and Recycling Act of 2001 (Introduced in House)[H.R.845.IH]
    • To amend the Toxic Substances Control Act to establish certain requirements regarding the approval of facilities for the disposal of polychlorinated biphenyls, and for other purposes. (Introduced in House)[H.R.847.IH]
    • Mercury Reduction and Disposal Act of 2001 (Introduced in Senate)[S.351.IS]
major laws regarding waste
Clean Water Act

Marine Protection Research and Sanctuaries Act

Safe Drinking Water Act

Resource Conservation and Recovery Act

Comprehensive Environmental Response, Compensation and Liabilities Act

Surface Mining Control and Reclamation Act

Nuclear Waste Policy Act

Low Level Radioactive Waste Policy Act

Uranium Mill Tailings Radiation Control Act

Toxic Substances Control Act

Major Laws Regarding Waste

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focus of this session
Focus of This Session
  • Resource Conservation and Recovery Act (RCRA) (1976 et. Seq.)
    • Addresses three programs:
      • Solid waste
      • Hazardous waste
      • Underground storage tanks

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who s involved
Who’s Involved
  • Congress
  • EPA’s Office of Solid Waste and Emergency Response (OSWER)
  • EPA regions
  • States
  • Regulated community
  • General public

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current epa programs
Current EPA Programs
  • Encouraging waste minimization
  • Streamlining RCRA regulations
  • Fostering federal/state relationships

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solid waste management subtitle d
Solid Waste Management—Subtitle D
  • Encourages environmentally-sound solid waste management practices that:
    • Maximize the reuse of recoverable material and foster resource recovery

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rcra subtitle d
RCRA Subtitle D
  • Addresses
    • Solid wastes
    • Hazardous wastes that are excluded from Subtitle C regulations, e.g., household hazardous waste and
    • Hazardous waste generated by conditionally exempt small quantity generators (CESQGs)
    • Municipal waste

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rcra subtitle d1
RCRA Subtitle D
  • Municipal Waste —businesses and households — typically collected and disposed in municipal solid waste landfills (MSWLFs)
  • EPA integrated, hierarchical approach:
    • Source reduction
    • Recycling
    • Combustion
    • landfilling

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rcra subtitle c hazardous wastes
RCRA Subtitle C—Hazardous Wastes
  • Intent:
    • to ensure that hazardous waste is managed safely from generation until final disposal “cradle-to-grave”
  • Mandates procedures to identify and classify hazardous waste

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rcra subtitle d2
RCRA Subtitle D
  • Attempts to implement waste recycling and recovery consistent with proper hazardous waste management. Contains provisions to ensure safe:
    • Hazardous waste recycling
    • Facilitate management of commonly recycled waste streams

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rcra subtitle c
RCRA Subtitle C
  • Standards for (TSDFs) facilities that:
    • Generate hazardous waste
    • Transport hazardous waste
    • Treat hazardous waste
    • Store hazardous waste
    • Dispose of hazardous waste

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rcra subtitle c1
RCRA Subtitle C
  • Standards for TSDFs include additional precautions to protect:
    • Groundwater
    • Air resources
  • Includes safeguards to protect human health and environment from land disposal (LDR) or burning

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rcra subtitle c2
RCRA Subtitle C
  • Requires facility operators to get permit from EPA
  • Contains provisions for corrective actions or spill cleanup of air, ground water and soil.

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subtitle c requirements
Subtitle C Requirements

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rcra subtitle c3
RCRA Subtitle C
  • Grants broad enforcement authority to require all facilities to comply with the regulations.
  • Allows EPA to grant state authority to implement and enforce RCRA regulatory program

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rcra subtitle i underground storage tanks
RCRA Subtitle I—Underground Storage Tanks
  • Regulates underground tanks storing petroleum or hazardous substances
  • Governs:
    • Tank design
    • Construction
    • Instillation
    • Operation
    • Release detection
    • Closure
    • Financial Responsibility

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rcra subtitle i
RCRA Subtitle I
  • Contains provisions to protect lending institutions from liability from lending money to UST owners and operators to comply with environmental regulations such as UST upgrading and maintenance requirements.

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rcra subtitle i1
RCRA Subtitle I
  • Contains provisions to allow EPA to approve state government implementation and enforcement of UST regulatory program

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rcra title i
RCRA Title I
  • Leaking Underground Storage Tank Trust Fund (LUST) to facilitate cleanup and oversight when responsible owner and operator cannot take action, or when emergency action is required.

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miscellaneous statutory provisions
Miscellaneous Statutory Provisions
  • Provisions to encourage recycling and provisions to promote market development for recovered materials
  • Sets federal procurement guidelines that set minimum recovered materials content standards for certain items purchased by the federal government
  • Medical waste tracking program demonstration program compete. No action taken

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public involvement
Public Involvement
  • Provisions to facilitate public participation in permitting, corrective action and state authorization processes.
  • Public involvement in rulemaking process
  • Seeks to ensure that all segments of the population have an equal opportunity to participate in the regulatory process

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public involvement1
Public Involvement
  • Because RCRA is so complex, EPA established several public outreach and assistance mechanisms:
    • Training grants
    • Freedom of Information Act (FOIA)
    • Office of Ombudsman
    • RCRA Information Center (RIC)
    • RCRA, Superfund & EPCRA Hotline

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title 42 chapter 82 solid waste disposal 2 u s c 321 et seq 1976
SUBCHAPTER I GENERAL PROVISIONS

SUBCHAPTER II OFFICE OF SOLID WASTE; AUTHORITIES OF THE ADMINISTRATOR

SUBCHAPTER III HAZARDOUS WASTE MANAGEMENT

SUBCHAPTER IV STATE OR REGIONAL SOLID WASTE PLANS

SUBCHAPTER V DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND RECOVERY

SUBCHAPTER VI FEDERAL RESPONSIBILITIES

SUBCHAPTER VII MISCELLANEOUS PROVISIONS

SUBCHAPTER VIII RESEARCH, DEVELOPMENT, DEMONSTRATION, AND INFORMATION

SUBCHAPTER IX REGULATION OF UNDERGROUND STORAGE TANKS

SUBCHAPTER X DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

TITLE 42 CHAPTER 82 - SOLID WASTE DISPOSAL 2 U.S.C. § 321 et seq. (1976)
title 42 chapter 82 subchapter i generalprovisions
Sec. 6901. Congressional findings

Sec. 6901a. Congressional findings: used oil recycling

Sec. 6902. Objectives and national policy

Sec. 6903. Definitions

Sec. 6904. Governmental cooperation

Sec. 6905. Application of chapter and integration with other Acts

Sec. 6905. Application of chapter and integration with other Acts

Sec. 6906. Financial disclosure

Sec. 6907. Solid waste management information and guidelines

Sec. 6908. Small town environmental planning

Sec. 6908a. Agreements with Indian tribes

TITLE 42 CHAPTER 82 SUBCHAPTER I - GENERALPROVISIONS
identification listing of hazardous waste
Identification & Listing of Hazardous Waste
  • Criteria for listing hazardous waste (18 months)
    • Except: drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil or natural gas or geothermal energy, fly ash, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels. Solid waste from the extraction, beneficiation, and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore and Cement kiln dust waste.
slide33
TLCP
  • Not later than twenty-eight months after November 8, 1984, the Administrator shall examine the deficiencies of the extraction procedure toxicity characteristic as a predictor of the leaching potential of wastes and make changes in the extraction procedure toxicity characteristic, including changes in the leaching media, as are necessary to insure that it accurately predicts the leaching potential of wastes which pose a threat to human health and the environment when mismanaged.
assignment
Assignment
  • Go to http://a2.mediatrec.com/ss.php
  • Read 29 CFR Title 40 Chapter 1 Part 261.1-261.5 Definitions of Solid Waste and Hazardous Wastes
  • Compare to definition in the law 42 USC Chapter 82 Subchapter 1 §6903 (5) (a-b)
title 42 chapter 82 subchapter ii office of solid waste authorities of the administrator
Sec. 6911. Office of Solid Waste and Interagency Coordinating Committee

Sec. 6911a. Assistant Administrator of Environmental Protection Agency; appointment, etc.

Sec. 6912. Authorities of Administrator

Sec. 6913. Resource Recovery and Conservation Panels

Sec. 6914. Grants for discarded tire disposal

Sec. 6914a. Labeling of lubricating oil

Sec. 6914b. Degradable plastic ring carriers; definitions

Sec. 6914b-1. Regulation of plastic ring carriers

Sec. 6915. Annual report

Sec. 6916. General authorization

Sec. 6917. Office of Ombudsman

TITLE 42 CHAPTER 82 SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE ADMINISTRATOR
title 42 chapter 82 subchapter iii hazardous waste management
Sec. 6921. Identification and listing of hazardous waste

Sec. 6922. Standards applicable to generators of hazardous waste

Sec. 6923. Standards applicable to transporters of hazardous waste

Sec. 6924. Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities

Sec. 6925. Permits for treatment, storage, or disposal of hazardous waste

Sec. 6926. Authorized State hazardous waste programs

Sec. 6927. Inspections

Sec. 6928. Federal enforcement

Sec. 6929. Retention of State authority

Sec. 6930. Effective date

Sec. 6931. Authorization of assistance to States

Sec. 6932. Transferred

Sec. 6933. Hazardous waste site inventory

Sec. 6934. Monitoring, analysis, and testing

Sec. 6935. Restrictions on recycled oil

Sec. 6936. Expansion during interim status

Sec. 6937. Inventory of Federal agency hazardous waste facilities

Sec. 6938. Export of hazardous wastes

Sec. 6939. Domestic sewage

Sec. 6939a. Exposure information and health assessments

Sec. 6939b. Interim control of hazardous waste injection

Sec. 6939c. Mixed waste inventory reports and plan

Sec. 6939d. Public vessels

Sec. 6939e. Federally owned treatment works

TITLE 42 CHAPTER 82SUBCHAPTER III - HAZARDOUS WASTE Management
title 42 chapter 82 subchapter iv state or regional solid waste plans
Sec. 6941. Objectives of subchapter

Sec. 6941a. Energy and materials conservation and recovery; Congressional findings

Sec. 6942. Federal guidelines for plans

Sec. 6943. Requirements for approval of plans

Sec. 6944. Criteria for sanitary landfills; sanitary landfills required for all disposal

Sec. 6945. Upgrading of open dumps

Sec. 6946. Procedure for development and implementation of State plan

Sec. 6947. Approval of State plan; Federal assistance

Sec. 6948. Federal assistance

Sec. 6949. Rural communities assistance

Sec. 6949a. Adequacy of certain guidelines and criteria

TITLE 42 CHAPTER 82 -SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS
title 42 chapter 82 subchapter v duties of secretary of commerce in resource and recovery
TITLE 42CHAPTER 82 SUBCHAPTER VDUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND RECOVERY
  • Sec. 6951. Functions
  • Sec. 6952. Development of specifications for secondary materials
  • Sec. 6953. Development of markets for recovered materials
  • Sec. 6954. Technology promotion
  • Sec. 6955. Marketing policies, establishment; nondiscrimination requirement
  • Sec. 6956. Authorization of appropriations
title 42 chapter 82 subchapter vi federal responsibilities
TITLE 42 CHAPTER 82SUBCHAPTER VI - FEDERAL RESPONSIBILITIES
  • Sec. 6961. Application of Federal, State, and local law to Federal facilities
  • Sec. 6962. Federal procurement
  • Sec. 6963. Cooperation with Environmental Protection Agency
  • Sec. 6964. Applicability of solid waste disposal guidelines to Executive agencies
  • Sec. 6965. Chief Financial Officer report
title 42 chapter 82 subchapter vii miscellaneous provisions
Sec. 6971. Employee protection

Sec. 6972. Citizen suits

Sec. 6973. Imminent hazard

Sec. 6974. Petition for regulations; public participation

Sec. 6975. Separability

Sec. 6976. Judicial review

Sec. 6977. Grants or contracts for training projects

Sec. 6978. Payments

Sec. 6979. Labor standards

Sec. 6979a. Transferred

Sec. 6979b. Law enforcement authority

TITLE 42 CHAPTER 82 SUBCHAPTER VII - MISCELLANEOUS PROVISIONS
title 42 chapter 82 subchapter viii research development demonstration and information
TITLE 42 CHAPTER 82 SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND INFORMATION
  • Sec. 6981. Research, demonstration, training, and other activities
  • Sec. 6982. Special studies; plans for research, development, and demonstrations
  • Sec. 6983. Coordination, collection, and dissemination of information
  • Sec. 6984. Full-scale demonstration facilities
  • Sec. 6985. Special study and demonstration projects on recovery of useful energy and materials
  • Sec. 6986. Grants for resource recovery systems and improved solid waste disposal facilities
  • Sec. 6987. Authorization of appropriations
title 42 chapter 82 subchapter ix regulation of underground storage tanks
TITLE 42 CHAPTER 82 SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS
  • Sec. 6991. Definitions and exemptions
  • Sec. 6991a. Notification
  • Sec. 6991b. Release detection, prevention, and correction regulations
  • Sec. 6991c. Approval of State programs
  • Sec. 6991d. Inspections, monitoring, testing, and corrective action
  • Sec. 6991e. Federal enforcement
  • Sec. 6991f. Federal facilities
  • Sec. 6991g. State authority
  • Sec. 6991h. Study of underground storage tanks
  • Sec. 6991i. Authorization of appropriations
title 42 chapter 82 subchapter x demonstration medical waste tracking program
TITLE 42 CHAPTER 82 SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM
  • Sec. 6992. Scope of demonstration program for medical waste
  • Sec. 6992a. Listing of medical wastes
  • Sec. 6992b. Tracking of medical waste
  • Sec. 6992c. Inspections
  • Sec. 6992d. Enforcement
  • Sec. 6992e. Federal facilities
  • Sec. 6992f. Relationship to State law
  • Sec. 6992g. Repealed. Pub. L. 105-362, title V, Sec. 501h1A, Nov. 10, 1998, 112 Stat. 3284
  • Sec. 6992h. Health impacts report
  • Sec. 6992i. General provisions
  • Sec. 6992j. Effective date
  • Sec. 6992k. Authorization of appropriations
rcra history
RCRA History
  • Began as amendment to Solid Waste Disposal Act
  • Promulgation very slow
  • Administrative scandal
  • Most prescriptive environmental law passed
  • “It isn’t fun anymore.” Wm. Ruckelshaus during 2nd Term as EPA Administrator

Environmental Law Week 2

goals of rcra
Goals of RCRA
  • Protect human health and the environment from hazards posed by waste disposal
  • Conserve energy and natural resources through waste recycling and recovery
  • Reduce or eliminate the amount of waste generated—including hazardous waste
  • Ensure that wastes are managed in an environmentally sound manner.

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subtitles c and d
Subtitles C and D
  • Subtitle C pertains to Hazardous Waste (280 million tons/yr)
    • 54-page explanation of hazardous waste definition issued in the Federal Register 50 FR 614
  • Subtitle D pertains to Non-hazardous wastes More than 20 times the amount of hazardous wastes

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recycle
Recycle

“To recycle or not recycle, that is the question”

  • Recycle horrors and lack of control
  • “Virgin” materials
  • Wastes from recycling

process

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discarded
Discarded
  • EPA Final Rule Jan. 4, 1985, 50 FR 614 (1995)
    • Materials are solid waste if they are abandoned by: disposal, burned, incinerated; stored, treated or accumulated before or in lieu of these activities.
    • 5 secondary materials: spent materials, sludges, byproducts, commercial chemical products and scrap metal.

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before and after subtitle d regulations
Before and After Subtitle D Regulations
  • Fewer sites handle 200 million tons of municipal wastes
  • Cost estimate $330 million per year to implement

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perception of subtitle c
Perception of Subtitle C

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