EPA530-R-99-063
                                                   PB2000-101 903
                                
                     RCRA STATUTORY OVERVIEW
                                
                                
                            CONTENTS
                                
                                
1. Introduction

2. Statutory Summary
   2.1 General Provisions - Subtitle A
   2.2 Office of Solid Waste; Authorities of the Administrator
       and Interagency Coordinating Committee - Subtitle B
	   
	   Note:  Office of Solid Waste, OSW, was renamed Office of Resource Conservation and Recovery, ORCR, on January 18, 2009
	   
   2.3 Hazardous Waste Management - Subtitle C
   2.4 State or Regional Solid Waste Plans - Subtitle D
   2.5 Duties of the Secretary of Commerce in Resource
       and Recovery - Subtitle E
   2.6 Federal Responsibilities/Federal Procurement - Subtitle F
   2.7 Miscellaneous Provisions - Subtitle G
   2.8 Research Development, Demonstration, and Information -
       Subtitle H
   2.9 Regulation of Underground Storage Tanks - Subtitle I
  2.10 Medical Waste Tracking Act - Subtitle J

3. Statutory Developments

4. Appendix: Subtitle C - Table of Statutory and Regulatory
   Citations

                           DISCLAIMER

This document was developed by Booz*Allen & Hamilton Inc. under
contract 68-W0-0039 to EPA.  It is intended to be used as a
training tool for Hotline specialists and does not represent a
statement of EPA policy.

The information in this document is not by any means a complete
representation of EPA's regulations or policies.  This document
is used only in the capacity of Hotline training and is not used
as a reference tool on Hotline calls.  The Hotline revises and
updates this document as regulatory program areas change.

The information in this document may not necessarily reflect the
current position of the Agency.  This document is not intended
and cannot be relied upon to create any rights, substantive or
procedural, enforceable by any party in litigation with the
United States.

         RCRA, Superfund & EPCRA Hotline Phone Numbers:
                                
     National toll-free (outside of DC area)           (800) 424-9346
     Local number (within DC area)                     (703) 412-9810
     National toll-free for the hearing impaired (TDD) (800) 553-7672
                                
       The Hotline is open from 9 am to 6 pm Eastern Time,
       Monday through Friday, except on federal holidays.

                       1.    INTRODUCTION

This module presents a brief overview of the Resource
Conservation and Recovery Act (RCRA).  Through RCRA, Congress
provided EPA with the framework to develop regulatory programs to
manage solid waste, hazardous waste, medical waste and
underground storage tanks.  The statute includes 10 subtitles,
briefly surveyed in this module.  This module emphasizes the
components of Subtitles C, D, and I, which provide the authority
for EPA to establish many of the major regulatory components of
the hazardous waste, solid waste, and underground storage tank
programs respectively.

The statute represents Congress's intent for the design and
implementation of the programs regulating hazardous and solid
waste.  Since EPA codified most of the statute into regulations,
associating statutory language with a regulatory citation is
fundamental to understanding the RCRA program.

After completing this module, you will have an understanding of
the content and format of the law.  Specifically, you will be
able to:

  *  Explain the relationship between RCRA statutory language and
     codified regulatory language
  
  *  Describe the major components of each subtitle
  
  *  Identify the major provisions established by the Hazardous
     and Solid Waste Amendments (HSWA).

Use this list of objectives to check your knowledge of this topic
after you complete the training session.

Before you begin this module, review the table of contents in the
statute.  Refer to the statute while you read the module.

                                
                     2.    STATUTORY SUMMARY

In 1965, Congress enacted the Solid Waste Disposal Act (SWDA),
which provided the first federal statutory provisions designed to
improve solid waste disposal practices.  The SWDA was amended in
1970 by the Resource Recovery Act, and amended again in 1976 by
the Resource Conservation and Recovery Act (RCRA). The changes
embodied in RCRA restructured our nation's waste management
practices by adding provisions for proper hazardous waste
management.  Congress continued to amend the statute after 1976.
The most significant change occurred in 1984 with the passage of
the Hazardous and Solid Waste Amendments (HSWA), which expanded
the scope and requirements of the law.  RCRA was subsequently
amended by the Federal Facilities Compliance Act of 1992.  This
Act amends RCRA to state clearly that the federal government is
part of the regulated community and that federal facilities are
also subject to the wide range of enforcement actions, including
fines and penalties.

The law referred to as RCRA is actually a combination of the
first federal solid waste statute and all subsequent amendments.
RCRA was most recently amended by the Land Disposal Program
Flexibility Act of 1996.  This amendment mandated changes to the
RCRA land disposal restrictions regulatory program and the non-
hazardous landfill groundwater monitoring program.  Congress
wrote RCRA to achieve three primary goals: (1) protection of
human health and the environment; (2) reduction of waste and
conservation of energy and natural resources; and (3) reduction
or elimination of the generation of hazardous waste as
expeditiously as possible.  The Act is divided into 10 subtitles
(A through J) that provide EPA with the framework and authority
to achieve the goals of RCRA.  Subtitles A, B, E, F, G, and H
outline general provisions, authorities of the Administrator,
duties of the Secretary of Commerce, federal responsibilities,
miscellaneous provisions, and research, development,
demonstration, and information.  Subtitles C, D, I, and J
establish the framework for four environmental programs:
hazardous waste management, solid waste management, underground
storage tanks, and medical waste, respectively.

RCRA Subtitle C establishes a system for controlling hazardous
waste from its point of generation to its final disposal.  The
program under RCRA Subtitle D encourages states to develop
comprehensive plans to manage primarily nonhazardous solid waste,
such as household and industrial solid waste, and mandates
certain minimum technological standards for municipal solid waste
landfills.   Subtitle I provides the authority to regulate
certain underground storage tanks.  This Subtitle establishes
performance standards for new tanks and requires leak detection,
prevention, and corrective action at underground storage tank
sites.  The last program to be established was the medical waste
program found in Subtitle J, which tracks medical waste from
generation to disposal.  The program, however, expired in June
1991.

2.1  GENERAL PROVISIONS - SUBTITLE A

This subtitle, found in Sections 1002 through 1008 of the
statute, sets forth Congressional findings on solid waste
management and provides guidelines for establishing a nationwide
solid and hazardous waste management program.  Congress concluded
that the generation of municipal and industrial waste increases
each year and that unsound disposal practices have increased the
amount of pollution in the environment.  Subtitle A defines key
terms, explains state cooperative agreements, and discusses the
integration of the statute with other acts.  In addition, it
outlines the primary goals of the RCRA program.

Congress directed EPA to fulfill the mandate of RCRA by meeting
the following objectives, outlined in Section 1003:

  *  Provide technical and financial assistance to state and
     local entities
  
  *  Prohibit future open dumping of solid and hazardous wastes,
     and develop alternative land disposal options
  
  *  Minimize the generation of hazardous waste
  
  *  Require proper management of hazardous waste
  
  *  Establish a federal-state partnership to implement Subtitle C
  
  *  Provide authority for promulgating solid waste management
     guidelines
  
  *  Promote solid waste management research and development
  
  *  Establish a cooperative effort among federal, state, local,
     and private entities to recover energy and materials.

DEFINITIONS

The following terms are used throughout the statute and the
codified regulations.  The following definitions are statutory.
In many cases, the regulatory definitions mirror the statutory
definitions; however, in some cases these definitions may differ
significantly.  The complete list of statutory definitions is in
Section 1004.

  Administrator means the Administrator of the EPA.  Throughout
  this module the term "Administrator" is used interchangeably
  with the term "EPA."
  
  Disposal means the discharge, deposit, injection, dumping,
  spilling, leaking, or placing of any solid waste or hazardous
  waste into or on any land or water so that such solid waste or
  hazardous waste or any constituent thereof may enter the
  environment or be emitted into the air or discharged into any
  waters, including groundwater.
  
  Hazardous waste means a solid waste, or combination of solid
  wastes, which because of its quantity, concentration, or
  physical, chemical, or infectious characteristics may either
  cause, or significantly contribute to an increase in mortality
  or an increase in serious irreversible or incapacitating
  reversible illness; or pose a substantial present or potential
  hazard to human health or the environment when improperly
  treated, stored, transported, or disposed of, or otherwise
  managed.
  
  Hazardous waste management means the systematic control of the
  collection, source separation, storage, transportation,
  processing, treatment, recovery, and disposal of hazardous
  wastes.
  
  Solid waste means any garbage; refuse; sludge from a waste
  treatment plant, water supply treatment plant, or air
  pollution control facility; and other discarded material
  including solid, liquid, semisolid, or contained gaseous
  material resulting from industrial, commercial, mining, and
  agricultural operations, and from community activities; but
  does not include solid or dissolved material in domestic
  sewage, or solid or dissolved materials in irrigation return
  flows or industrial discharges which are point sources subject
  to permits under Section 402 of the Federal Water Pollution
  Control Act, as amended, or source, special nuclear, or
  byproduct material as defined by the Atomic Energy Act of
  1954, as amended.
  
  Storage, when used in connection with hazardous waste, means
  the containment of hazardous waste, either on a temporary
  basis or for a period of years, in such a manner as not to
  constitute disposal of such hazardous waste.
  
  Treatment, when used in connection with hazardous waste, means
  any method, technique, or process, including neutralization,
  designed to change the physical, chemical, or biological
  character or composition of any hazardous waste so as to
  neutralize such waste or so as to render such waste
  nonhazardous, safer for transport, amenable for recovery,
  amenable for storage, or reduced in volume.  This includes any
  activity or processing designed to change the physical form or
  chemical composition of hazardous waste so as to render it
  nonhazardous.

GOVERNMENTAL COOPERATION

Section 1005 states that the provisions of RCRA that are carried
out by the states may also be administered by interstate
agencies.  Provisions applicable to states may also apply to
interstate regions where such agencies and regions have been
established by respective states and approved by the
Administrator.  In addition, this section permits two or more
states to negotiate and enter into agreements or compacts, to
assist each other with waste management practices and enforcement
of the respective states' laws.  These compacts are not binding
unless all participating entities agree on the arrangement and it
has been approved by the Administrator and Congress.

INTEGRATION OF THE STATUTE WITH OTHER ACTS

According to Section 1006, EPA is directed to administer and
enforce all provisions of the Act while avoiding duplication, to
the maximum extent practicable, with other acts (e.g., the Clean
Air Act, the Clean Water Act).  For example, Section 1006(c)
specifically authorizes EPA to review the RCRA regulations
applicable to the treatment, storage, or disposal of coal mining
wastes and overburden that may duplicate regulations under the
Surface Mining Control and Reclamation Act of 1977.  This section
also states that the RCRA requirements do not necessarily apply
to activities or substances subject to the Clean Water Act, Safe
Drinking Water Act, the Marine Protection, Research, and
Sanctuaries Act, or the Atomic Energy Act.

2.2  OFFICE OF SOLID WASTE; AUTHORITIES OF THE ADMINISTRATOR AND
     INTERAGENCY COORDINATING COMMITTEE - SUBTITLE B

The administrative framework for EPA's management of the RCRA
program is set forth in Sections 2001 through 2008, Subtitle B.
One of the fundamental components, discussed in Section 2001,
provides the authority for establishing EPA's Office of Solid Waste (Note:  Office of Solid Waste, OSW, was renamed Office of Resource Conservation and Recovery, ORCR, on January 18, 2009).  This office executes the duties and responsibilities of
the Administrator, outlined in Section 2002 and throughout the
statute.  Section 2001(b) authorizes the establishment of an
Interagency Coordinating Committee to coordinate all activities
concerning resource conservation and recovery from solid waste
performed by all other federal agencies.

This subtitle also includes several miscellaneous provisions such
as Section 2004, which authorized grants for discarded tire
disposal.  This type of grant is no longer available because the
statute only authorized funds for fiscal years 1978 and 1979, and
no additional funds were authorized.  Another miscellaneous
provision is found in Section 2005, which requires the labeling
of certain oils with a statement encouraging the conservation of
resources and the recycling of used oils.

ANNUAL REPORT AND PROGRAM AUTHORIZATION

Under Section 2006, the Administrator must submit a detailed
annual report to Congress on all activities of the Office of Solid Waste (Note:  Office of Solid Waste, OSW, was renamed Office of Resource Conservation and Recovery, ORCR, on January 18, 2009) during the preceding fiscal year.  The content of the
report is detailed in Section 2006.  Congress authorized funds in
Section 2007 to implement the provisions of the Act for fiscal
years 1977 through 1988.  Since 1988, funding for the RCRA
program has been provided through an annual Congressional
appropriations process.  In this way, Congress has been able to
provide funding to EPA without revising the statute.  Congress
will address reauthorization of the RCRA program at some point in
the future.

OFFICE OF OMBUDSMAN

Under Section 2008, the statute authorizes the Administrator to
establish an Office of Ombudsman.  The purpose of this office is
to receive individual complaints, grievances, and requests for
information submitted by any person with respect to any program
or requirement under RCRA.  EPA has established a central Office
of Ombudsman, as well as 10 Regional offices to fulfill this
requirement.

2.3  HAZARDOUS WASTE MANAGEMENT - SUBTITLE C

The provisions of Subtitle C, in Sections 3001 through 3023,
establish the criteria for managing hazardous waste from point of
generation to ultimate disposal.  Although the regulations set
out in 40 CFR Parts 260 to 279 are the primary reference for
information on the hazardous waste program, the statute provides
important background information and provides the legal authority
to EPA for promulgation of the regulations.  This section
addresses each heading within Subtitle C.

HAZARDOUS WASTE IDENTIFICATION AND LISTING

Section 3001 authorizes the Administrator to promulgate
regulations to identify the characteristics of hazardous waste
(e.g., ignitability, corrosivity, reactivity, and toxicity) and
lists of particular hazardous wastes.  This section also provides
EPA with the authority to grant delisting petitions for listed
wastestreams generated by individual facilities.

HSWA added Section 3001(g) to the statute, requiring EPA to
evaluate the effectiveness of the EP Toxicity test used to
determine whether a waste exhibits the hazardous waste
characteristic of toxicity.  Ultimately, this provision resulted
in the promulgation of a new test method for evaluating the
toxicity characteristic and the addition of 25 organic
constituents to the list of toxic constituents of concern: the
Toxicity Characteristic Leaching Procedure (TCLP).

GENERATORS OF HAZARDOUS WASTE

Sections 3002 and 3001(d) create distinctions between generators
of hazardous waste based on quantities of waste generated.  RCRA
Section 3002(a) authorizes the Administrator to regulate
generators of hazardous waste by establishing waste management
standards.  Section 3002(b) requires generators of hazardous
waste to implement a waste minimization program.  HSWA added a
class of generators and redefined conditionally exempt small
quantity generator requirements in Section 3001(d).  Congress
further defined generators by requiring a quantity determination
for acutely hazardous waste (Section 3001(d)(7)(B)).

TRANSPORTERS OF HAZARDOUS WASTE

Section 3003 authorizes EPA to regulate transporters of hazardous
waste by establishing standards for recordkeeping, labeling,
compliance with the manifest system, and transporting hazardous
waste to a designated treatment, storage, or disposal facility.
This section also requires that EPA's transporter requirements
coordinate with DOT's.

TREATMENT, STORAGE, AND DISPOSAL FACILITIES

Under Section 3004, the statute authorizes EPA to promulgate
regulations establishing standards applicable to owners/operators
of hazardous waste treatment, storage, and disposal facilities
(TSDFs).  These standards apply to the treatment, storage, or
disposal of any hazardous waste listed or identified in Subtitle
C.  The statute authorizes regulation of the treatment, storage,
and disposal of hazardous waste by establishing standards for the
following provisions: recordkeeping and reporting requirements;
compliance with the manifest system; location, design, and
construction standards; emergency and contingency plans;
financial responsibility standards; and facility permit
standards.

Salt Formations and Underground Mines and Caves

Section 3004(b) specifically prohibits the disposal of hazardous
waste in any salt dome formation, salt bed formation, or
underground mines and caves, unless the Administrator determines
that such action is protective of human health and the
environment and issues a permit before disposal begins.

Liquid Waste

The statute prohibits the disposal of bulk or noncontainerized
liquid hazardous waste in landfills in Section 3004(c).  This
prohibition remains in effect until the Administrator promulgates
regulations to mitigate risks associated with these disposal
practices.

Land Disposal Restrictions

HSWA added the land disposal restrictions (LDR) to the RCRA
program in Section 3004(d).  The primary purpose of LDR is to
reduce the toxicity and mobility of hazardous constituents in a
hazardous waste prior to disposing of it directly on the land or
in the ground.

HSWA divided the universe of listed and characteristic wastes
into five groups for the purpose of LDR, and set schedules for
EPA to develop treatment standards for these groups.  EPA
scheduled the development of standards based on the intrinsic
hazard and volume of waste within each group, so that the first
wastes to have treatment standards set were those wastes that
were high in volume and had a high intrinsic hazard.  Following
is a description of the major LDR provisions.
  
  Solvents and Dioxins
  Solvent- and dioxin-containing wastes were the first category
  of wastes prohibited from land disposal.  The statutory
  deadline was November 8, 1986 (Section 3004(e)).
  
  California Wastes
  The California list includes liquid hazardous wastes
  containing certain metals, free cyanides, PCBs, corrosives
  with a pH less than or equal to 2.0, and certain liquid and
  nonliquid hazardous wastes containing halogenated organic
  compounds (HOCs) (wastes which California originally
  restricted from land disposal).  The statutory deadline was
  July 8, 1987 (Section 3004(d)).
  
  "First, Second, and Third Third" Wastes
  Under Section 3004(g), HSWA mandated that the remaining wastes
  be addressed in thirds.   The statutory deadlines were as
  follows:  First Third - August 8, 1988; Second Third - June 8,
  1989; Third Third - May 8, 1990.
  
  Newly Identified Wastes
  Section 3004(g)(4)(c) addresses newly listed wastes, or those
  wastes that are listed or identified after November 8, 1984,
  the date of HSWA enactment.  The statute requires that the
  Administrator make a determination about whether the waste may
  be land disposed within six months of the date that the waste
  was identified or listed as hazardous.  Unlike the wastes that
  were specifically assigned prohibition dates, HSWA does not
  impose an automatic prohibition on land disposal if EPA misses
  the six-month deadline for a newly identified or listed waste.
  EPA plans to establish the additional treatment standards for
  newly identified wastes in upcoming rulemakings.
  
  Variances from Land Disposal Prohibitions
  According to Section 3004(h), EPA may determine that a waste-
  specific or site-specific variance from final land disposal
  prohibition is necessary based on extenuating circumstances.
  Such variances include national capacity variances, case-by-
  case extensions, and no-migration petitions.
  
  Deep Injection Well Disposal
  Section 3004(f) specifically authorizes EPA to determine if
  the disposal of solvents, dioxins, and California list wastes
  should be prohibited from injection well disposal unless the
  wastes meet treatment standards.  Section 3004(g), which
  defines well injection as a type of land disposal, provides
  the authority for EPA to prohibit the disposal of First,
  Second, and Third Third wastes from deep well injection unless
  the wastes meet treatment standards.  EPA codified regulations
  pursuant to this provision in 40 CFR Part 148, Hazardous Waste
  Injection Restrictions.
  
  Storage of Prohibited Waste
  Hazardous waste that is prohibited from land disposal is also
  prohibited from storage unless such storage is solely for the
  purpose of accumulating sufficient quantities of the waste to
  facilitate proper recovery, treatment, or disposal (Section
  3004(j)).  In 1992, Congress amended the statutory language in
  Section 3004(j) with the Federal Facility Compliance Act.
  Congress recognized that the Department of Energy (DOE)
  handles mixed waste for which there is currently no available
  treatment.  In order to provide DOE with sufficient time to
  submit and obtain approval of plans for the development of
  treatment capacity and technologies for mixed wastes, Congress
  amended the prohibition on storage to allow DOE to retain
  sovereign immunity regarding mixed waste for three years.  DOE
  is liable, however, at all times for any other RCRA
  violations.
  
  Land Disposal Program Flexibility Act of 1996
  Congress again amended RCRA in 1996 with the Land Disposal
  Program Flexibility Act of 1996.  This statute amends Section
  3004(g) by exempting decharacterized wastewater handled in
  Clean Water Act surface impoundments and Safe Drinking Water
  Act injection wells from RCRA LDR.  The Act also requires EPA
  to conduct a study of any residual risks, not addressed by
  other federal or state laws, posed by decharacterized
  wastewater managed in surface impoundments.

Ban on Dust Suppression

Section 3004(l) prohibits the use of waste, used oil, or any
other material that is contaminated with a hazardous waste as a
dust suppressant or road treatment.

Air Emissions

HSWA added Section 3004(n) to the statute.  This provision
requires the Administrator to promulgate regulations to monitor
and control organic air emissions at hazardous waste TSDFs,
including but not limited to open tanks, surface impoundments,
and landfills.

Minimum Technological Requirements

Section 3004(o), added by HSWA, establishes minimum technology
requirements for landfills and surface impoundments.  The statute
requires these units to be equipped with (1) two or more liners,
(2) a leachate collection system, (3) a leak detection system,
and (4) groundwater monitoring.  This section also requires new
landfills, surface impoundments, waste piles, underground tanks,
and land treatment units to use approved leak detection systems.
In addition, Section 3004(o) provides the authority for the
establishment of location standards for new and existing
treatment, storage, and disposal facilities.  Section 3004(o)
also requires incinerators to meet destruction and removal
efficiency.

Groundwater Monitoring

The standards for groundwater monitoring in Section 3004(p) are
applicable to surface impoundments, waste piles, land treatment
units, and landfills.  The Administrator is authorized, however,
to exempt such units from groundwater monitoring requirements on
a case-by-case basis if the Administrator concludes that there is
a reasonable certainty that hazardous constituents will not
migrate beyond the outer layer of containment prior to the end of
the post-closure care period.

Hazardous Waste Fuels

Section 3004(q) of the statute requires EPA to promulgate
standards applicable to owners/operators of facilities producing
a fuel from hazardous waste or burning any hazardous waste listed
in Section 3001 in a boiler or industrial furnace (BIF).  This
provision requires these types of recycling activities to be
regulated similarly to TSDFs, and is a particularly noteworthy
provision because historically all recycling processes have been
exempt from regulation.  The statute authorizes the Administrator
to regulate the use of hazardous waste as fuel by establishing
standards for the following provisions: labeling requirements,
recordkeeping and reporting, and financial responsibility
standards.

Financial Responsibility

Section 3004(t) details the mechanisms that are allowable to
demonstrate financial responsibility as required by Section
3004(a).  Guarantor liability and owner/operator bankruptcy or
reorganization are also described in Section 3004(t).

Corrective Action at TSDFs

Added by HSWA, Section 3004(u) authorizes the Administrator or a
state to require corrective action for all releases of hazardous
waste or constituents from any solid waste management unit at a
TSDF seeking a permit under Subtitle C, regardless of the time at
which the waste was placed in the unit.  If such corrective
action cannot be completed prior to issuance of the permit, the
permit must contain a schedule for completion of the corrective
action and provisions for financial assurance.

TSDFs must also take corrective action measures beyond facility
boundaries to protect human health and the environment (Section
3004(v)).  The owner/operator may be released from this
responsibility only by demonstrating to the Administrator that
despite best efforts, he or she is unable to get permission to
carry out such action.

PERMITS

Section 3005 discusses several types of permits.  Each category
defines operating requirements and various provisions for certain
hazardous waste activities.

Treatment, Storage, and Disposal Facility Permits

Pursuant to Section 3005(a), EPA promulgated regulations
requiring each person owning or operating an existing hazardous
waste TSDF or planning to construct a new hazardous waste TSDF to
have an operating permit.  Section 3005(c)(3) states that any
permit issued to a treatment, storage, or land disposal facility
under this section shall be for a fixed term not to exceed 10
years.  Permits for land disposal facilities are reviewed every
five years and modified as necessary to ensure compliance and
safety.

  Omnibus Authority
  Section 3005(c)(3) authorizes EPA to review or modify a permit
  at any time during its term as necessary to protect human
  health and the environment.  This statutory provision allows
  EPA to incorporate any additional standards into a RCRA permit
  that are necessary to protect human health and the
  environment.  For example, EPA uses the omnibus authority to
  require site-specific risk assessments at facilities seeking
  permits to operate RCRA combustion units.
  
  Waste Minimization
  Section 3005(h) mandates, as a permit condition, that TSDFs
  that are also generators must have a program in place to
  reduce the volume and toxicity of the waste they generate.
  TSDFs must also manage that waste in a way which will minimize
  any threat to human health and the environment.
  
  Interim Status Surface Impoundments
  Under Section 3005(j), the statute identifies extensive
  provisions for proper management of interim status surface
  impoundments.  Without proper management standards, surface
  impoundments pose a substantial threat to human health and the
  environment (e.g., migration of leachate from unlined surface
  impoundments).  All surface impoundments that were in
  existence on the date of enactment of HSWA are required to
  apply for interim status or close.  All surface impoundments
  that receive interim status are required to comply with the
  minimum technology requirements of Section 3004(o)(1)(A)
  within four years of receiving interim status.

Surface Mining Control and Reclamation Permits

According to Section 3005(f), a permit for the treatment,
storage, or disposal of coal mining wastes or overburden issued
under the Surface Mining Control and Reclamation Act of 1977 is
regarded as a permit issued under Subtitle C.  Regulations
promulgated under Subtitle C do not apply to the treatment,
storage, and disposal of coal mining wastes or overburden which
are covered by this type of permit.

Research, Development, and Demonstration Permits

EPA encourages the use of alternative treatment technologies by
issuing research, development, and demonstration (RD&D) permits
to any hazardous waste treatment facility that proposes to use
innovative and experimental treatment technologies.   Section
3005(g) provides this permitting incentive for experimental
activities that are not currently subject to any specific RCRA
standards.  The RD&D permit requires that national standards must
not exist for the proposed treatment technology.  Although the
statute authorizes EPA to waive general permit criteria, no
waivers or modifications of financial assurance responsibilities
or procedures regarding public participation are possible.  This
type of permit may only be renewed three times and the renewal
period cannot exceed one year.

AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS

Section 3006 requires the Administrator to promulgate guidelines
to assist states in the development of hazardous waste programs.
Once a state has been authorized by EPA to administer and enforce
a hazardous waste program pursuant to Subtitle C, the state is
authorized to implement its program in lieu of the federal
program.  Although a state may have an authorized program, the
Administrator retains the authority to revoke the state's
authorization.  State authorization may only be withdrawn after a
public hearing, if the Administrator determines that the state is
not implementing the program in accordance with federal
regulations.

Because the state authorization process takes place piecemeal, a
state may be authorized for some provisions and not others.  This
interface creates a conflict in terms of enforcement.  Sometimes
it is difficult to determine the effective date of a given
regulation, particularly when examining the interface between
provisions promulgated pursuant to RCRA versus those promulgated
pursuant to HSWA.

INSPECTIONS

Under Section 3007, the statute empowers the Administrator and
authorized states to gain access to information relating to the
generation, transportation, treatment, storage, and disposal of
hazardous waste.  Officers, employees, and representatives of EPA
are authorized to enter any establishment that is managing
hazardous waste, inspect the facilities, and obtain samples of
any such waste.  Any records, reports, or other information
obtained by EPA are available to the public unless such
information is deemed confidential.

The statute authorizes EPA and authorized states to commence
biennial inspections of all TSDFs and authorizes the
Administrator to inspect state or local TSDFs.  Also, the statute
authorizes the Administrator and authorized states to inspect
federal facilities annually for proper treatment, storage, and
disposal of hazardous waste.

ENFORCEMENT

Section 3008 authorizes the Administrator, for any violation of
RCRA, to issue an order requiring compliance, issue an order for
civil penalties up to $27,500 per day per violation, or issue an
order for both compliance and penalties.  Alternatively, the
Administrator may commence a civil action in the U.S. District
Court for appropriate relief.  EPA must give notice of such
enforcement action to authorized states.  If a violator fails to
comply with an order, the Administrator may assess a civil
penalty up to $27,500 for each day of noncompliance and revoke
any permits issued to the violator.  Section 3008(d) provides a
list of actions that warrant criminal penalties, such as fines or
imprisonment.  Under Section 3008(e), the statute requires
criminal penalties for any person who knowingly endangers another
person in the course of hazardous waste management activities.

Under 3008(h), the statute authorizes EPA to issue a corrective
action order to an interim status facility or assess a civil
penalty to any interim status facility that has released
hazardous waste into the environment.  This section of the
statute provides the enforcement authority that EPA may use in
response to interim status facility and federal facility
hazardous waste releases.  An order issued under this section
also may suspend or revoke an interim status permit, causing the
facility to cease operations.

Imminent Hazard

The imminent hazard provision is an important enforcement tool
and is therefore included in this part of the module as well as
Miscellaneous Provisions - Subtitle G.  Under Section 7003, the
statute authorizes the Administrator to bring suit, or issue an
order, against any person who has contributed to the past or
present handling, storage, treatment, transportation, or disposal
of any solid or hazardous waste that may present an imminent and
substantial endangerment to human health or the environment.

PRELIMINARY NOTIFICATION

Under Section 3010, the statute requires any person generating,
transporting, treating, storing, or disposing of hazardous waste
to notify the Administrator.  The notification must be filed no
later than 90 days after a facility becomes subject to regulation
under Subtitle C.  It must state the location, general
description of site activities, and hazardous waste that is being
handled.  This notification provision is used by the Agency to
issue EPA identification numbers.  Currently, EPA Form 8700-12 is
used to notify EPA of regulated waste activity.

MONITORING, ANALYSIS, AND TESTING

According to Section 3013, the statute authorizes EPA to issue an
order requiring the owner/operator of any facility that presents
a substantial hazard to human health or the environment to
conduct monitoring, analysis, and reporting to determine the
nature and extent of the hazard.  If the Administrator determines
that the current owner/operator could not have known of the
presence of the hazard, the Administrator may issue an order
requiring the most recent previous owner/ operator to carry out
the investigation.

RESTRICTIONS ON RECYCLED OIL

Section 3014 of the statute, enacted as the Used Oil Recycling
Act (UORA), requires EPA to promulgate regulations establishing
performance standards and other requirements for the safe
management of recycled oil.  The Administrator must  ensure that
such regulations do not discourage the recovery or recycling of
used oil.    These standards are designed to encourage recycling
and to protect human health and the environment.  EPA also
determined not to list used oil as hazardous waste since the
standards that were promulgated were sufficient to ensure used
oil would be handled safely.

INVENTORY OF FEDERAL HAZARDOUS WASTE FACILITIES

According to Section 3016, each federal agency is required every
two years to submit to the Administrator a list of sites owned or
operated by the agency at which hazardous waste is treated,
stored, disposed of, or has been disposed of at any time.  If any
federal agency fails to submit an inventory to the Administrator,
the statute authorizes the Administrator to complete the
inventory.

EXPORT OF HAZARDOUS WASTE

Standards affecting the export of hazardous waste were added by
HSWA in Section 3017.  This provision requires any person
exporting hazardous waste to (1) notify the Administrator, (2)
obtain written consent from the receiving country, and (3) file
an activity report to the Administrator no later than March 1 of
each year (the Administrator conveys the written consent to the
exporter).  If there are applicable international agreements,
exporters must comply with the terms of those agreements.

DOMESTIC SEWAGE

Under Section 3018, the statute requires the Administrator to
submit a report to Congress concerning substances identified or
listed under Section 3001 that are not regulated under Subtitle C
because of the domestic sewage exclusion.  This report, completed
in February 1986, is titled, Report to Congress on the Discharge
of Hazardous Wastes to Publicly Owned Treatment Works.

EXPOSURE INFORMATION AND HEALTH ASSESSMENTS

Under Section 3019, the statute requires owners/operators
applying for a permit for a landfill or a surface impoundment
under Section 3005(c) to submit information on the potential for
public exposure to hazardous wastes or hazardous constituents
from a release related to such a unit.  If the Administrator or
authorized state decides that a landfill or surface impoundment
poses a potential risk to human health, the Administrator or
state may require the Agency for Toxic Substances and Disease
Registry (ATSDR) to conduct a health assessment at the facility.
If the assessment results indicate public exposure to a release
of a hazardous substance under CERCLA, EPA may seek cost recovery
from the owner/operator under CERCLA Section 107.

SAFE DRINKING WATER ACT PROVISION

Although HSWA's primary purpose was to amend the RCRA program,
Congress also added a provision (Section 3020) under the
authority of the Safe Drinking Water Act (SDWA).  This provision
requires that no hazardous wastes may be disposed of by
underground injection into any underground drinking water source
or any formation located above such a source.  Such provisions
are enforceable pursuant to the SDWA.  This provision does not
apply to the injection of contaminated groundwater into the
aquifer from which it was withdrawn if the injection is a
response action under CERCLA or part of a corrective action under
Subtitle C and if such contaminated groundwater is treated to
substantially reduce hazardous constituents.

MIXED WASTE PROVISIONS

When Congress amended RCRA in 1992 with the Federal Facility
Compliance Act, it included Section 3021 covering mixed waste
inventory reports and plans.  This section requires the Secretary
of Energy to submit a detailed report and inventory of all mixed
waste activity.  This report is submitted to the EPA
Administrator and all affected state governors.  The primary
purpose of this provision is to ensure that the DOE discloses the
amount of mixed waste at each of its facilities and its
intentions for proper disposal.

PUBLIC VESSEL

Section 3022, added by the Federal Facility Compliance Act,
mandates that any hazardous waste generated on a public vessel is
not subject to the storage, manifest, inspection, or
recordkeeping requirements until the waste is transferred
onshore.  For purposes of this section Congress defines public
vessel as a vessel owned/operated by the United States, or by a
foreign nation, except when the vessel is engaged in commerce.
This provision is applicable unless the waste is stored for more
than 90 days or if the waste is transferred to another public
vessel and stored there for more than 90 days.

Section 3023, also added to RCRA by the Federal Facility
Compliance Act, extends the domestic sewage exclusion in Section
1004(27) to include wastes that are discharged to federally owned
treatment works.  These wastes would need to meet the criteria
established under Section 3023 to be excluded.

2.4  STATE OR REGIONAL SOLID WASTE PLANS - SUBTITLE D

Subtitle D, set forth in Section 4001 through Section 4010,
provides guidelines for establishing a solid waste management
program.  The term "solid waste" used in Subtitle D refers almost
exclusively to nonhazardous solid waste.  It does, however,
include certain hazardous wastes that are excluded from
regulation under Subtitle C, such as household hazardous waste
and hazardous waste generated by conditionally exempt small
quantity generators.  The primary objectives of the Subtitle D
program are to assist in developing and encouraging methods for
the disposal of solid waste which are environmentally sound and
which maximize the use of valuable resources, including energy
and materials.  Subtitle D also encourages the recovery of
reusable materials from solid waste.  The statute authorizes
state and regional authorities to use federal technical and
financial assistance to establish solid waste management programs
pursuant to federal guidelines.

GUIDELINES AND ASSISTANCE FOR STATE AND LOCAL PLANS

Under Section 4002, the statute authorizes EPA to promulgate
regulations to assist in the development and implementation of
state solid waste management plans.  In establishing such
regulations EPA must consider the following provisions:
protection of groundwater and surface water from leachate
contamination; collection, storage, processing, and disposal
practices; methods for closing and upgrading open dumps; and
population density, distribution, and projected growth.

In order for a state solid waste management plan to be approved
by the Administrator, a state program must meet the minimum
requirements of Section 4003.  Some of these requirements include
closing or upgrading existing open dumps, recovering resources
from all solid waste or disposing of such waste in a sanitary
landfill, and coordinating regional planning and implementation.
The statute authorizes states to use federal funds to meet the
minimum requirements; however, no funding is available at this
time.

Section 4004 specifically authorizes the Administrator to
promulgate regulations containing criteria for determining the
classification of solid waste management facilities as sanitary
landfills or as open dumps.  The statute further mandates that
state plans prohibit the establishment of any new open dumps.
Section 4005 actually prohibits the open dumping of solid or
hazardous waste and sets minimum federal standards for municipal
solid waste landfills.

Section 4007 outlines the criteria for approval of a state plan
for federal financial assistance.  The funds appropriated for
this assistance are listed in Section 4008 but only cover fiscal
years 1978 through 1988.  According to Section 4009, the statute
authorizes the Administrator to provide grants to states for
distribution to municipalities with a population of less than
5,000 or less than 20 persons per square mile and not within a
metropolitan area.  Such grants are available to municipalities
that cannot feasibly be connected to a solid waste management
system, are unable to close or upgrade open dumps, or have plans
consistent with state program objectives.

Section 4010 of HSWA authorized EPA to revise the existing
sanitary landfill criteria to establish specific regulations for
facilities that may receive household hazardous waste or
hazardous waste from conditionally exempt small quantity
generators (i.e., municipal solid waste landfills (MSWLFs)).  The
statute mandated that these standards, at a minimum, require
groundwater monitoring at MSWLFs, establish criteria for
acceptable location of new or existing facilities, and provide
for corrective action as appropriate (Section 4010(c)).

Congress slightly amended these provisions with the Land Disposal
Program Flexibility Act of 1996.  This Act exempts certain small,
remote, or arid MSWLFs from groundwater monitoring standards, and
also directs EPA to study (and if necessary, promulgate revisions
to) the cover, methane monitoring, and financial assurance
requirements for such landfills.

RECYCLING PROVISIONS

Under Sections 4003(b) and 4008(g), the statute authorizes
provisions to encourage recycling of used oil.  The Administrator
may make grants to states for the implementation of such
recycling programs.  Such funds may not be used for construction
or acquisition of land or equipment.  No funding is available at
this time.

2.5  DUTIES OF THE SECRETARY OF COMMERCE IN RESOURCE AND RECOVERY
     - SUBTITLE E

In addition to EPA's mandate under RCRA, the statute (Sections
5001 through 5006) authorizes the Secretary of Commerce to carry
out the following duties:

  *  Encourage greater commercialization of proven resource
     recovery technology
  
  *  Publish guidelines for the development of specifications for
     the classification of materials recovered from waste which
     are destined for disposal
  
  *  Identify and develop potential markets for recovered
     materials
  
  *  Evaluate the commercial feasibility of resource recovery
     facilities.

2.6  FEDERAL RESPONSIBILITIES/FEDERAL PROCUREMENT -
     SUBTITLE F

Under Section 6001, the statute requires each department, agency,
and instrumentality of the executive, legislative, and judicial
branches of the federal government to comply with all federal,
state, interstate, and local requirements, both substantive and
procedural, that apply to solid and hazardous waste management.
The President may exempt any solid waste management facility of
any department, agency, or instrumentality in the executive
branch from compliance with such a requirement if he or she
determines that it is paramount to the interest of the United
States.  The period for any exemption may not exceed one year,
but additional exemptions may be granted.

According to Section 6002, the statute requires the Administrator
to prepare and occasionally revise guidelines which encourage
procuring agencies to manage and arrange for the procurement of
solid waste services in a manner which maximizes energy and
resource recovery.  This section applies to all procuring
agencies that purchase items exceeding $10,000.  The statute
requires such agencies to purchase items that are composed of the
highest percentage of recovered materials, consistent with
maintaining a satisfactory level of competition.  Each procuring
agency must develop an affirmative procurement program, which
will ensure that items composed of recovered materials are
purchased to the maximum extent practicable.

Procurement guidelines have been established for the following
items: paper and paper products, vehicular products, construction
products, transportation products, park and recreation products,
landscaping products, and non-paper office products.

2.7  MISCELLANEOUS PROVISIONS - SUBTITLE G

Subtitle G, set forth in Sections 7001 through 7010, addresses
several important but not necessarily related provisions.  These
provisions include employee protection, citizen suits, imminent
hazard, public participation, and grants.

EMPLOYEE PROTECTION

Under Section 7001, the statute provides employees with
protection from being fired or discriminated against for either
filing a proceeding or testifying about issues related to RCRA
enforcement.  If an employee is fired and believes discrimination
was the basis for such action, he or she may apply for a review
by the Administrator.

CITIZEN SUITS

In Section 7002 the statute authorizes any citizen to commence a
civil action on his or her own behalf against any person,
including any governmental entity, who is alleged to be in
violation of any permit, standard, regulation, condition,
requirement, prohibition, or order which is effective pursuant to
RCRA.  Citizen suits also may be filed against any past or
present generator, transporter, or owner/operator of a TSDF who
presents an imminent or substantial endangerment to human health
or the environment or against the EPA for failure to take a
nondiscretionary action.  No citizen suits may commence if the
Administrator is already taking action under RCRA or CERCLA
Section 104 or Section 106.  Citizen suits are codified in 40 CFR
Part 254.

IMMINENT HAZARD

Section 7003 provides an important enforcement authority under
the RCRA program.  This section states,

     Notwithstanding any other provision of this Act, upon
     receipt of evidence that the past or present handling,
     storage, treatment, transportation, or disposal of any
     solid or hazardous waste may present an imminent and
     substantial endangerment to health or the environment,
     the Administrator may bring suit on behalf of the
     United States in the appropriate district court against
     any person who has contributed or is contributing...
     [or issue] such orders as may be necessary to protect
     public health and the environment.
     
This broad citation is very useful in explaining to callers that
generators, transporters, and owner/operators of TSDFs are
responsible for proper solid and hazardous waste management.

PUBLIC PARTICIPATION

According to Section 7004, any person may petition the
Administrator for the promulgation, amendment, or repeal of any
regulation under RCRA.  The statute requires the Administrator
(with input from states) to develop and publish guidelines for
public participation in the development, implementation, and
enforcement of any regulation, guideline, or program under the
Act.  EPA codified regulations concerning public participation at
40 CFR Part 124.

SEPARABILITY

Although a provision of RCRA may be deemed inapplicable to a
particular person or situation, such provision remains applicable
to all other persons and situations.  This provision is known as
the "separability provision" in Section 7005.

TRAINING GRANTS

Under Section 7007, the statute authorizes the Administrator to
provide grants to states, municipalities, educational
institutions, or any other organization capable of effectively
implementing a training program for proper solid waste management
and resource recovery operations.  No grants will be issued under
this provision to any private, profit-making organization.

2.8  RESEARCH, DEVELOPMENT, DEMONSTRATION, AND INFORMATION -
     SUBTITLE H

The Administrator is authorized by Sections 8001 through 8007 to
promote the following through both technical and financial
assistance: research, investigation, experiments, training,
demonstrations, surveys, public education programs, and studies
relating to health effects of solid waste releases into the
environment, operation and financing of solid waste management
programs, resource conservation and recovery operations, and
innovative technical advances.  The Administrator shall establish
a management program to coordinate activities and facilitate
results.

SPECIAL STUDIES

Under Section 8002, the statute requires the Administrator to
complete studies and publish results on several specific solid
waste issues including glass and plastic recovery, solid
wastestream composition, small-scale and low technology solid
waste management, and household resource recovery.  Other
important studies include the following:

  *  The negative environmental effects of solid wastes from
     active and abandoned surface and underground mines
  
  *  The classification and analysis of sludge
  
  *  The analysis of problems involving collection, recovery, and
     disposal of discarded motor vehicle tires
  
  *  The hazards associated with municipal landfills located near
     airports (i.e., birds congregating and feeding on landfill
     refuse)
  
  *  The feasibility and desirability of additional performance
     standards or other regulations for generators of hazardous
     waste
  
  *  The adverse effects of drilling fluids, produced waters, and
     other wastes associated with the exploration, development,
     or production of crude oil or natural gas or geothermal
     energy
  
  *  The adverse effects of materials generated from the
     combustion of coal and other fossil fuels
  
  *  The effects of cement kiln dust on human health and the
     environment
  
  *  The concerns associated with materials generated from the
     extraction, beneficiation, and processing of ores and
     minerals, including phosphate rock and overburden from
     uranium mining.

SOLID WASTE MANAGEMENT INFORMATION

Section 8003 charges the Administrator with collecting and
evaluating information on solid waste management practices,
maintaining data in a central library, developing cost models for
states and local governments to use in evaluating solid waste
management issues, and developing programs for the rapid
dissemination of information pertaining to solid waste management
issues.

GRANTS FOR RESOURCE RECOVERY SYSTEMS AND DEMONSTRATIONS

Section 8004 authorizes the Administrator to enter into contracts
with either public agencies or private persons for the
construction and operation of a full-scale facility or provide
financial assistance to a full-scale demonstration facility that
will significantly improve or advance a technology or process.
The Administrator must try to share the cost of full-
demonstration facilities with other federal, state, local, or
private entities.

Under Section 8006, the statute authorizes the Administrator to
make grants for the demonstration of resource recovery systems or
for the construction of new or improved solid waste disposal
facilities; however, no funding is available at this time.  Such
grants, when available, may not be used for land acquisition.

2.9   REGULATION OF UNDERGROUND STORAGE TANKS - SUBTITLE I

Subtitle I authorizes the Administrator to regulate underground
tanks storing regulated substances, including petroleum products
(e.g., gasoline and crude oil) as defined in Section 9001.
Subtitle I, Sections 9001 through 9010, authorizes EPA to develop
performance standards for underground storage tanks including
design, construction, installation, release detection, and
compatibility standards for new tanks, and requirements
applicable to all tank owners/operators concerning leak
detection, recordkeeping and reporting, corrective action, and
closure.  A major component of HSWA, Subtitle I breaks new ground
in the RCRA program because it regulates products as well as
wastes.

STATE PROGRAM APPROVAL

Similar to Subtitle C, states may receive authorization from the
Administrator to implement an UST release detection, prevention,
and corrective action program.  If the state receives
authorization from the Administrator to implement an UST program,
the state program will operate in lieu of the federal program.
If the Administrator deems that a state is not administering and
enforcing an authorized program in accordance with Subtitle I,
the Administrator may withdraw such authorization.

FEDERAL ENFORCEMENT

Under Section 9006, the statute authorizes the Administrator to
issue an order to any person in violation of any requirement of
Subtitle I.  The Administrator gives notice to the state in which
such violation has occurred prior to issuing an order or
commencing a civil action.  The statute requires each department,
agency, and instrumentality of the executive, legislative, and
judicial branches of the federal government to comply with all
applicable requirements, both substantive and procedural, that
apply to proper UST management.  The President may exempt any UST
of any department, agency, or instrumentality in the executive
branch from compliance with such a requirement if he or she
determines it to be in the paramount interest of the United
States.  The period for any exemption may not exceed one year,
but additional exemptions may be granted.

2.10  MEDICAL WASTE TRACKING ACT - SUBTITLE J

In November 1988, Subtitle J was added to the statute to help
control the widespread mismanagement of medical waste.  Subtitle
J directed EPA to develop a two-year demonstration program to
track medical waste from generation to disposal.  This pilot
program applied only to Connecticut, New Jersey, New York, Puerto
Rico, and Rhode Island.  EPA codified regulations in 40 CFR Part
259 that established requirements for medical waste generators,
transporters, and treatment, destruction, and disposal
facilities.  The two-year demonstration program expired June 22,
1991, and to date has not been reauthorized.  Because the federal
medical waste provisions were no longer in effect, EPA formally
removed Part 259 from the CFR (60 FR 33912; June 29, 1995).
                                
                                
                  3.    STATUTORY DEVELOPMENTS
                                
                                
On March 16, 1995, the President and Vice President announced a
plan for "Reinventing Environmental Regulation."  The plan
described steps to substantially improve existing environmental
regulatory programs.  The President's regulatory reinvention
effort is aimed at refocusing the RCRA program on high-risk
wastes; providing states with flexibility to design ways to
manage low-risk, high-volume waste generated during environmental
cleanup; and developing a new "common sense" definition of solid
waste to simplify industry compliance with RCRA rules.

To achieve these goals, EPA was required to look beyond the
regulatory process in many instances.  The statutory authority
and mandates set forth in RCRA have placed limitations on the
scope and content of regulatory changes that EPA can propose.  As
a result, EPA worked to identify a package of targeted
legislative improvements to RCRA.  In developing this package,
EPA created a series of issue papers about the following aspects
of the RCRA program:

  * Permits
  * Management Requirements
  * Listing Determinations
  * Prescriptive Requirements
  * Untreated Waste Disposal
  * Indian Tribal Program Approval
  * Land Disposal Restrictions
  * Treatment Requirements
  * Recycling of Hazardous Waste
  * Corrective Action
  * Hazardous Waste Manifest.

These issue papers were the focus of a series of meetings between
EPA, stakeholders, and co-implementors.  After the meetings were
completed, EPA incorporated the comments and concerns of the
different stakeholders and co-implementors into the final package
of specific suggested changes to the statute.  The package was
submitted to Congress in mid-1995.

On March 26, 1996, President Clinton signed the Land Disposal
Program Flexibility Act.  This Act amended the LDR standards and
groundwater monitoring standards for certain Subtitle D solid
waste landfills, as described earlier in this module.

On May 13, 1996, President Clinton signed the Mercury-Containing
and Rechargeable Battery Management Act.  The goals of this Act
are to reduce the mercury content in consumer batteries, by
reducing the allowable mercury content in those batteries, and to
encourage recycling of rechargeable batteries.  The Act also
renders the universal waste program for batteries effective in
all states, regardless of authorization status.  EPA is studying
the Act to determine what RCRA regulatory changes are necessary
as a result of the Act.

                         4.    APPENDIX