Waste ManagementWaste Management

Resource Conservation and Resource Conservation and Recovery Act Recovery Act

42 U.S.C. § 321 et seq. (1976)42 U.S.C. § 321 et seq. (1976)

Environmental Law Week 2 2

Waste Management and Waste Management and Pollution ControlPollution Control

• Hierarchy of Waste ManagementHierarchy of Waste Management– Pollution Prevention Pollution Prevention – Waste ReductionWaste Reduction– RecycleRecycle– TreatmentTreatment– DisposalDisposal

Pollution Prevention Act of 1990Pollution Prevention Act of 1990

Environmental Law Week 2 3

Predecessor LawsPredecessor Laws

• 1965 Solid Waste Disposal Act 1965 Solid Waste Disposal Act • 1970 Pollution Prevention Packaging 1970 Pollution Prevention Packaging

Act Act • 1976 Resource Recovery Act 1976 Resource Recovery Act • Hazardous and Solid Waste Hazardous and Solid Waste

Amendments of 1984 Amendments of 1984

Environmental Law Week 2 4

Hazardous and Solid Waste Hazardous and Solid Waste Amendment Act of 1984Amendment Act of 1984

• Get Rita and AnnGet Rita and Ann• Broadened the scope of RCRABroadened the scope of RCRA• Established hammers for complianceEstablished hammers for compliance

In This Session-Solid Waste In This Session-Solid Waste DisposalDisposal

• Top 10 of 50Top 10 of 501.1. Underground Storage Tank Compliance Act of 2001 (Introduced in Senate)[S.1850.IS]Underground Storage Tank Compliance Act of 2001 (Introduced in Senate)[S.1850.IS]

2.2. Brownfields Economic Development Act of 2001 (Introduced in Senate)[S.1078.IS]Brownfields Economic Development Act of 2001 (Introduced in Senate)[S.1078.IS]

3.3. Federal Reformulated Fuels Act of 2001 (Introduced in Senate)[S.950.IS]Federal Reformulated Fuels Act of 2001 (Introduced in Senate)[S.950.IS]

4.4. Federal Reformulated Fuels Act of 2001 (Reported in Senate)[S.950.RS]Federal Reformulated Fuels Act of 2001 (Reported in Senate)[S.950.RS]

5.5. Brownfield Site Redevelopment Assistance Act of 2001 (Introduced in Senate)[S.1079.IS]Brownfield Site Redevelopment Assistance Act of 2001 (Introduced in Senate)[S.1079.IS]

6.6. Solid Waste Compact Act (Introduced in House)[H.R.667.IH]Solid Waste Compact Act (Introduced in House)[H.R.667.IH]

7.7. National Beverage Container Reuse and Recycling Act of 2001 (Introduced in House)National Beverage Container Reuse and Recycling Act of 2001 (Introduced in House)[H.R.1667.IH][H.R.1667.IH]

8.8. National Beverage Container Reuse and Recycling Act of 2001 (Introduced in House)National Beverage Container Reuse and Recycling Act of 2001 (Introduced in House)[H.R.845.IH][H.R.845.IH]

9.9. To amend the Toxic Substances Control Act to establish certain requirements regarding the 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. approval of facilities for the disposal of polychlorinated biphenyls, and for other purposes. (Introduced in House)[H.R.847.IH](Introduced in House)[H.R.847.IH]

10.10. Mercury Reduction and Disposal Act of 2001 (Introduced in Senate)[S.351.IS]Mercury Reduction and Disposal Act of 2001 (Introduced in Senate)[S.351.IS]

Environmental Law Week 2 6

Major Laws Regarding WasteMajor Laws Regarding Waste

• Clean Water ActClean Water Act• Marine Protection Marine Protection

Research and Research and Sanctuaries ActSanctuaries Act

• Safe Drinking Water Safe Drinking Water ActAct

• Resource Resource Conservation and Conservation and Recovery ActRecovery Act

• Comprehensive Comprehensive Environmental Environmental Response, Response, Compensation and Compensation and Liabilities ActLiabilities Act

• Surface Mining Control Surface Mining Control and Reclamation Actand Reclamation Act

• Nuclear Waste Policy Nuclear Waste Policy ActAct

• Low Level Radioactive Low Level Radioactive Waste Policy ActWaste Policy Act

• Uranium Mill Tailings Uranium Mill Tailings Radiation Control ActRadiation Control Act

• Toxic Substances Toxic Substances Control ActControl Act

Environmental Law Week 2 7

Focus of This SessionFocus of This Session

• Resource Conservation and Recovery Resource Conservation and Recovery Act (RCRA) (1976 et. Seq.)Act (RCRA) (1976 et. Seq.)– Addresses three programs:Addresses three programs:

• Solid waste Solid waste • Hazardous wasteHazardous waste• Underground storage tanksUnderground storage tanks

Environmental Law Week 2 8

Who’s InvolvedWho’s Involved

• CongressCongress• EPA’s Office of Solid Waste and EPA’s Office of Solid Waste and

Emergency Response (OSWER)Emergency Response (OSWER)• EPA regionsEPA regions• StatesStates• Regulated communityRegulated community• General publicGeneral public

Environmental Law Week 2 9

Current EPA ProgramsCurrent EPA Programs

• Encouraging waste minimizationEncouraging waste minimization• Streamlining RCRA regulationsStreamlining RCRA regulations• Fostering federal/state relationshipsFostering federal/state relationships

Environmental Law Week 2 10

Solid Waste Management—Solid Waste Management—Subtitle DSubtitle D

• Encourages environmentally-sound Encourages environmentally-sound solid waste management practices solid waste management practices that:that:– Maximize the reuse of recoverable Maximize the reuse of recoverable

material and foster resource recoverymaterial and foster resource recovery

Environmental Law Week 2 11

Domestic Waste Generation in The U.S. 1960-1996

0

0.5

1

1.5

2

2.5

3

3.5

4

4.5

5

1960 1970 1980 1990 1996

Year

Po

un

ds/

Cap

ita/

Day

0

50

100

150

200

250

Mil

lio

n T

on

sPer Capita Generation Total Waste Generation

Environmental Law Week 2 12

Composition of Municipal Waste Stream 1996

Paper39%

Yard Wastes

13%

Plastics9%

Metals8%

Glass6%

Wood 5%

Other 10%

Food Waste10%

Environmental Law Week 2 13

Increase in Recycle of Municipal Waste

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

1960 1990 1996

Year

Per

cen

t R

ecyc

le

0

10

20

30

40

50

60

Mil

lio

n T

on

s o

f W

aste

R

ecyc

led

Million Tons Percent Recycle

Environmental Law Week 2 14

RCRA Subtitle DRCRA Subtitle D

• AddressesAddresses– Solid wastesSolid wastes– Hazardous wastes that are excluded Hazardous wastes that are excluded

from Subtitle C regulations, from Subtitle C regulations, e.g.e.g., , household hazardous waste andhousehold hazardous waste and

– Hazardous waste generated by Hazardous waste generated by conditionally exempt small quantity conditionally exempt small quantity generators (CESQGs)generators (CESQGs)

– Municipal wasteMunicipal waste

Environmental Law Week 2 15

RCRA Subtitle DRCRA Subtitle D

• Municipal Waste —businesses and Municipal Waste —businesses and households — typically collected and households — typically collected and disposed in municipal solid waste landfills disposed in municipal solid waste landfills (MSWLFs) (MSWLFs)

• EPA integrated, hierarchical approach:EPA integrated, hierarchical approach:– Source reductionSource reduction– RecyclingRecycling– CombustionCombustion– landfillinglandfilling

Environmental Law Week 2 16

RCRA Subtitle C—Hazardous RCRA Subtitle C—Hazardous WastesWastes

• Intent: Intent: – to ensure that hazardous waste is to ensure that hazardous waste is

managed safely from generation until managed safely from generation until final disposal “cradle-to-grave”final disposal “cradle-to-grave”

• Mandates procedures to identify and Mandates procedures to identify and classify hazardous wasteclassify hazardous waste

Environmental Law Week 2 17

RCRA Subtitle DRCRA Subtitle D

• Attempts to implement waste Attempts to implement waste recycling and recovery consistent recycling and recovery consistent with proper hazardous waste with proper hazardous waste management. Contains provisions to management. Contains provisions to ensure safe:ensure safe:– Hazardous waste recycling Hazardous waste recycling – Facilitate management of commonly Facilitate management of commonly

recycled waste streamsrecycled waste streams

Environmental Law Week 2 18

RCRA Subtitle CRCRA Subtitle C

• Standards for (TSDFs) facilities that:Standards for (TSDFs) facilities that:– Generate hazardous wasteGenerate hazardous waste– Transport hazardous wasteTransport hazardous waste– Treat hazardous wasteTreat hazardous waste– Store hazardous wasteStore hazardous waste– Dispose of hazardous wasteDispose of hazardous waste

Environmental Law Week 2 19

RCRA Subtitle CRCRA Subtitle C

• Standards for TSDFs include Standards for TSDFs include additional precautions to protect:additional precautions to protect:– GroundwaterGroundwater– Air resourcesAir resources

• Includes safeguards to protect Includes safeguards to protect human health and environment from human health and environment from land disposal (LDR) or burningland disposal (LDR) or burning

Environmental Law Week 2 20

RCRA Subtitle CRCRA Subtitle C

• Requires facility operators to get Requires facility operators to get permit from EPApermit from EPA

• Contains provisions for corrective Contains provisions for corrective actions or spill cleanup of air, ground actions or spill cleanup of air, ground water and soil.water and soil.

Environmental Law Week 2 21

RCRA requirements Generators Transporters

Treatment, Storage, Disposal Facilities

Determine if waste is hazardous X   X

Notify EPA is RCRA hazardous waster handler and obtain Identification NumberX X X

Train Personnel in waste management procedures and emergency response X X X

Preparedness and prevention measures and notification of releases X X X

Contingency planning and emergency procedures X   X

Inspect facility operations periodically X   X

Track waste with manifest system X X X

Record keeping and reporting X   X

Packaging Marking, labeling and transport vehicle placarding   X  

Physical security     X

Use and manage containers, landfills, and other operating areas adequately     X

Groundwater monitoring     X

Closure and postclosure care     X

Subtitle C RequirementsSubtitle C Requirements

Environmental Law Week 2 22

RCRA Subtitle CRCRA Subtitle C

• Grants broad enforcement authority Grants broad enforcement authority to require all facilities to comply with to require all facilities to comply with the regulations.the regulations.

• Allows EPA to grant state authority to Allows EPA to grant state authority to implement and enforce RCRA implement and enforce RCRA regulatory programregulatory program

Environmental Law Week 2 23

RCRA Subtitle I—Underground RCRA Subtitle I—Underground Storage TanksStorage Tanks

• Regulates underground tanks storing Regulates underground tanks storing petroleum or hazardous substancespetroleum or hazardous substances

• Governs:Governs:– Tank designTank design– ConstructionConstruction– Instillation Instillation – OperationOperation– Release detectionRelease detection– Closure Closure – Financial ResponsibilityFinancial Responsibility

Environmental Law Week 2 24

RCRA Subtitle IRCRA Subtitle I

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

Environmental Law Week 2 25

RCRA Subtitle IRCRA Subtitle I

• Contains provisions to allow EPA to Contains provisions to allow EPA to approve state government approve state government implementation and enforcement of implementation and enforcement of UST regulatory programUST regulatory program

Environmental Law Week 2 26

RCRA Title IRCRA Title I

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

Environmental Law Week 2 27

Miscellaneous Statutory Miscellaneous Statutory Provisions Provisions

• Provisions to encourage recycling and Provisions to encourage recycling and provisions to promote market provisions to promote market development for recovered materialsdevelopment for recovered materials

• Sets federal procurement guidelines that Sets federal procurement guidelines that set minimum recovered materials content set minimum recovered materials content standards for certain items purchased by standards for certain items purchased by the federal governmentthe federal government

• Medical waste tracking program Medical waste tracking program demonstration program compete. No demonstration program compete. No action takenaction taken

Environmental Law Week 2 28

Public InvolvementPublic Involvement

• Provisions to facilitate public participation Provisions to facilitate public participation in permitting, corrective action and state in permitting, corrective action and state authorization processes.authorization processes.

• Public involvement in rulemaking processPublic involvement in rulemaking process• Seeks to ensure that all segments of the Seeks to ensure that all segments of the

population have an equal opportunity to population have an equal opportunity to participate in the regulatory process participate in the regulatory process

Environmental Law Week 2 29

Public InvolvementPublic Involvement

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

TITLE 42 TITLE 42 CHAPTER 82 - SOLID WASTE CHAPTER 82 - SOLID WASTE DISPOSAL DISPOSAL 2 U.S.C. § 321 et seq. (1976)2 U.S.C. § 321 et seq. (1976)

– SUBCHAPTER ISUBCHAPTER I GENERAL GENERAL PROVISIONS PROVISIONS

– SUBCHAPTER IISUBCHAPTER II OFFICE OF OFFICE OF SOLID WASTE; SOLID WASTE; AUTHORITIES OF THE AUTHORITIES OF THE ADMINISTRATOR ADMINISTRATOR

– SUBCHAPTER IIISUBCHAPTER III HAZARDOUS WASTE HAZARDOUS WASTE MANAGEMENT MANAGEMENT

– SUBCHAPTER IVSUBCHAPTER IV STATE OR STATE OR REGIONAL SOLID WASTE REGIONAL SOLID WASTE PLANSPLANS

– SUBCHAPTER VSUBCHAPTER V DUTIES OF DUTIES OF SECRETARY OF SECRETARY OF COMMERCE IN RESOURCE COMMERCE IN RESOURCE AND RECOVERYAND RECOVERY

•

– SUBCHAPTER VISUBCHAPTER VI FEDERAL FEDERAL RESPONSIBILITIES RESPONSIBILITIES

– SUBCHAPTER VIISUBCHAPTER VII MISCELLANEOUS PROVISIONS MISCELLANEOUS PROVISIONS

– SUBCHAPTER VIIISUBCHAPTER VIII RESEARCH, RESEARCH, DEVELOPMENT, DEVELOPMENT, DEMONSTRATION, AND DEMONSTRATION, AND INFORMATION INFORMATION

– SUBCHAPTER IXSUBCHAPTER IX REGULATION REGULATION OF UNDERGROUND STORAGE OF UNDERGROUND STORAGE TANKS TANKS

– SUBCHAPTER XSUBCHAPTER X DEMONSTRATION MEDICAL DEMONSTRATION MEDICAL WASTE TRACKING PROGRAMWASTE TRACKING PROGRAM

TITLE 42 TITLE 42 CHAPTER 82 CHAPTER 82 SUBCHAPTER I - GENERALPROVISIONS SUBCHAPTER I - GENERALPROVISIONS

• Sec. 6901.Sec. 6901. Congressional Congressional findings findings

• Sec. 6901a.Sec. 6901a. Congressional Congressional findings: used oil recycling findings: used oil recycling

• Sec. 6902.Sec. 6902. Objectives and Objectives and national policy national policy

• Sec. 6903.Sec. 6903. Definitions Definitions • Sec. 6904.Sec. 6904. Governmental Governmental

cooperation cooperation • Sec. 6905.Sec. 6905. Application of Application of

chapter and integration chapter and integration with other Acts with other Acts

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

• Sec. 6906.Sec. 6906. Financial Financial disclosure disclosure

• Sec. 6907.Sec. 6907. Solid waste Solid waste management information management information and guidelines and guidelines

• Sec. 6908.Sec. 6908. Small town Small town environmental planning environmental planning

• Sec. 6908a.Sec. 6908a. Agreements Agreements with Indian tribes with Indian tribes

Identification & Listing of Identification & Listing of Hazardous WasteHazardous Waste

• Criteria for listing hazardous waste Criteria for listing hazardous waste (18 months)(18 months)– Except: drilling fluids, produced waters, and other wastes Except: drilling fluids, produced waters, and other wastes

associated with the exploration, development, or production of associated with the exploration, development, or production of crude oil or natural gas or geothermal energy, fly ash, bottom crude oil or natural gas or geothermal energy, fly ash, bottom ash waste, slag waste, and flue gas emission control waste ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil generated primarily from the combustion of coal or other fossil fuels. fuels. Solid waste from the extraction, beneficiation, and Solid waste from the extraction, beneficiation, and processing of ores and minerals, including phosphate processing of ores and minerals, including phosphate rock and overburden from the mining of uranium orerock and overburden from the mining of uranium ore and and Cement kiln dust waste.Cement kiln dust waste.

TLCPTLCP

• Not later than twenty-eight months after Not later than twenty-eight months after November 8, 1984, the Administrator shall November 8, 1984, the Administrator shall examine the deficiencies of the extraction examine the deficiencies of the extraction procedure toxicity characteristic as a predictor of procedure toxicity characteristic as a predictor of the leaching potential of wastes and make the leaching potential of wastes and make changes in the extraction procedure toxicity changes in the extraction procedure toxicity characteristic, including changes in the leaching characteristic, including changes in the leaching media, as are necessary to insure that it media, as are necessary to insure that it accurately predicts the leaching potential of accurately predicts the leaching potential of wastes which pose a threat to human health and wastes which pose a threat to human health and the environment when mismanaged. the environment when mismanaged.

AssignmentAssignment

• Go to http://a2.mediatrec.com/ss.phpGo to http://a2.mediatrec.com/ss.php• Read 29 CFR Title 40 Chapter 1 Part Read 29 CFR Title 40 Chapter 1 Part

261.1-261.5 Definitions of Solid 261.1-261.5 Definitions of Solid Waste and Hazardous WastesWaste and Hazardous Wastes

• Compare to definition in the law 42 Compare to definition in the law 42 USC Chapter 82 Subchapter 1 §6903 USC Chapter 82 Subchapter 1 §6903 (5) (a-b)(5) (a-b)

TITLE 42 TITLE 42 CHAPTER 82 CHAPTER 82 SUBCHAPTER II - OFFICE OF SOLID WASTE; SUBCHAPTER II - OFFICE OF SOLID WASTE;

AUTHORITIES OF THE ADMINISTRATOR AUTHORITIES OF THE ADMINISTRATOR

• Sec. 6911.Sec. 6911. Office of Solid Office of Solid Waste and Interagency Waste and Interagency Coordinating Committee Coordinating Committee

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

• Sec. 6912.Sec. 6912. Authorities of Authorities of Administrator Administrator

• Sec. 6913.Sec. 6913. Resource Resource Recovery and Recovery and Conservation Panels Conservation Panels

• Sec. 6914.Sec. 6914. Grants for Grants for discarded tire disposal discarded tire disposal

• Sec. 6914a.Sec. 6914a. Labeling of Labeling of lubricating oil lubricating oil

• Sec. 6914b.Sec. 6914b. Degradable Degradable plastic ring carriers; plastic ring carriers; definitions definitions

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

• Sec. 6915.Sec. 6915. Annual report Annual report • Sec. 6916.Sec. 6916. General General

authorization authorization • Sec. 6917.Sec. 6917. Office of Office of

Ombudsman Ombudsman

TITLE 42 TITLE 42 CHAPTER 82CHAPTER 82 SUBCHAPTER III - HAZARDOUS WASTE ManagementSUBCHAPTER III - HAZARDOUS WASTE Management

• Sec. 6921.Sec. 6921. Identification and listing of Identification and listing of hazardous waste hazardous waste

• Sec. 6922.Sec. 6922. Standards applicable to Standards applicable to generators of hazardous waste generators of hazardous waste

• Sec. 6923.Sec. 6923. Standards applicable to Standards applicable to transporters of hazardous waste transporters of hazardous waste

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

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

• Sec. 6926.Sec. 6926. Authorized State hazardous Authorized State hazardous waste programs waste programs

• Sec. 6927.Sec. 6927. Inspections Inspections • Sec. 6928.Sec. 6928. Federal enforcement Federal enforcement • Sec. 6929.Sec. 6929. Retention of State authority Retention of State authority • Sec. 6930.Sec. 6930. Effective date Effective date • Sec. 6931.Sec. 6931. Authorization of assistance Authorization of assistance

to States to States

• Sec. 6932.Sec. 6932. Transferred Transferred • Sec. 6933.Sec. 6933. Hazardous waste site Hazardous waste site

inventory inventory • Sec. 6934.Sec. 6934. Monitoring, analysis, and Monitoring, analysis, and

testing testing • Sec. 6935.Sec. 6935. Restrictions on recycled oil Restrictions on recycled oil • Sec. 6936.Sec. 6936. Expansion during interim Expansion during interim

status status • Sec. 6937.Sec. 6937. Inventory of Federal agency Inventory of Federal agency

hazardous waste facilities hazardous waste facilities • Sec. 6938.Sec. 6938. Export of hazardous wastes Export of hazardous wastes • Sec. 6939.Sec. 6939. Domestic sewage Domestic sewage • Sec. 6939a.Sec. 6939a. Exposure information and Exposure information and

health assessments health assessments • Sec. 6939b.Sec. 6939b. Interim control of Interim control of

hazardous waste injection hazardous waste injection • Sec. 6939c.Sec. 6939c. Mixed waste inventory Mixed waste inventory

reports and plan reports and plan • Sec. 6939d.Sec. 6939d. Public vessels Public vessels • Sec. 6939e.Sec. 6939e. Federally owned Federally owned

treatment works treatment works

TITLE 42TITLE 42 CHAPTER 82 - CHAPTER 82 - SUBCHAPTER IV - SUBCHAPTER IV -

STATE OR REGIONAL SOLID WASTE PLANSSTATE OR REGIONAL SOLID WASTE PLANS

• Sec. 6941.Sec. 6941. Objectives of Objectives of subchapter subchapter

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

• Sec. 6942.Sec. 6942. Federal Federal guidelines for plans guidelines for plans

• Sec. 6943.Sec. 6943. Requirements Requirements for approval of plans for approval of plans

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

• Sec. 6945.Sec. 6945. Upgrading of Upgrading of open dumps open dumps

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

• Sec. 6947.Sec. 6947. Approval of Approval of State plan; Federal State plan; Federal assistance assistance

• Sec. 6948.Sec. 6948. Federal Federal assistance assistance

• Sec. 6949.Sec. 6949. Rural Rural communities assistance communities assistance

• Sec. 6949a.Sec. 6949a. Adequacy of Adequacy of certain guidelines and certain guidelines and criteria criteria

TITLE 42TITLE 42 CHAPTER 82 CHAPTER 82 SUBCHAPTER VSUBCHAPTER VDUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND RECOVERYDUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND RECOVERY

• Sec. 6951.Sec. 6951. Functions Functions • Sec. 6952.Sec. 6952. Development of specifications Development of specifications

for secondary materials for secondary materials • Sec. 6953.Sec. 6953. Development of markets for Development of markets for

recovered materials recovered materials • Sec. 6954.Sec. 6954. Technology promotion Technology promotion • Sec. 6955.Sec. 6955. Marketing policies, Marketing policies,

establishment; nondiscrimination establishment; nondiscrimination requirement requirement

• Sec. 6956.Sec. 6956. Authorization of appropriations Authorization of appropriations

TITLE 42 TITLE 42 CHAPTER 82CHAPTER 82 SUBCHAPTER VI - SUBCHAPTER VI - FEDERAL RESPONSIBILITIES FEDERAL RESPONSIBILITIES

• Sec. 6961.Sec. 6961. Application of Federal, State, Application of Federal, State, and local law to Federal facilities and local law to Federal facilities

• Sec. 6962.Sec. 6962. Federal procurement Federal procurement • Sec. 6963.Sec. 6963. Cooperation with Cooperation with

Environmental Protection Agency Environmental Protection Agency • Sec. 6964.Sec. 6964. Applicability of solid waste Applicability of solid waste

disposal guidelines to Executive agencies disposal guidelines to Executive agencies • Sec. 6965.Sec. 6965. Chief Financial Officer report Chief Financial Officer report

TITLE 42 TITLE 42 CHAPTER 82 CHAPTER 82 SUBCHAPTER VII SUBCHAPTER VII - -

MISCELLANEOUS PROVISIONSMISCELLANEOUS PROVISIONS • Sec. 6971.Sec. 6971. Employee Employee

protection protection • Sec. 6972.Sec. 6972. Citizen Citizen

suits suits • Sec. 6973.Sec. 6973. Imminent Imminent

hazard hazard • Sec. 6974.Sec. 6974. Petition for Petition for

regulations; public regulations; public participation participation

• Sec. 6975.Sec. 6975. Separability Separability

• Sec. 6976.Sec. 6976. Judicial Judicial review review

• Sec. 6977.Sec. 6977. Grants or Grants or contracts for training contracts for training projects projects

• Sec. 6978.Sec. 6978. Payments Payments • Sec. 6979.Sec. 6979. Labor Labor

standards standards • Sec. 6979a.Sec. 6979a.

Transferred Transferred • Sec. 6979b.Sec. 6979b. Law Law

enforcement authority enforcement authority

TITLE 42 TITLE 42 CHAPTER 82 CHAPTER 82 SUBCHAPTER VIII SUBCHAPTER VIII - - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

INFORMATIONINFORMATION

• Sec. 6981.Sec. 6981. Research, demonstration, training, and other Research, demonstration, training, and other activities activities

• Sec. 6982.Sec. 6982. Special studies; plans for research, Special studies; plans for research, development, and demonstrations development, and demonstrations

• Sec. 6983.Sec. 6983. Coordination, collection, and dissemination of Coordination, collection, and dissemination of information information

• Sec. 6984.Sec. 6984. Full-scale demonstration facilities Full-scale demonstration facilities • Sec. 6985.Sec. 6985. Special study and demonstration projects on Special study and demonstration projects on

recovery of useful energy and materials recovery of useful energy and materials • Sec. 6986.Sec. 6986. Grants for resource recovery systems and Grants for resource recovery systems and

improved solid waste disposal facilities improved solid waste disposal facilities • Sec. 6987.Sec. 6987. Authorization of appropriations Authorization of appropriations

TITLE 42 TITLE 42 CHAPTER 82 CHAPTER 82 SUBCHAPTER IX SUBCHAPTER IX - - REGULATION OF UNDERGROUND STORAGE TANKSREGULATION OF UNDERGROUND STORAGE TANKS

• Sec. 6991.Sec. 6991. Definitions and exemptions Definitions and exemptions • Sec. 6991a.Sec. 6991a. Notification Notification • Sec. 6991b.Sec. 6991b. Release detection, prevention, and correction Release detection, prevention, and correction

regulations regulations • Sec. 6991c.Sec. 6991c. Approval of State programs Approval of State programs • Sec. 6991d.Sec. 6991d. Inspections, monitoring, testing, and corrective Inspections, monitoring, testing, and corrective

action action • Sec. 6991e.Sec. 6991e. Federal enforcement Federal enforcement • Sec. 6991f.Sec. 6991f. Federal facilities Federal facilities • Sec. 6991g.Sec. 6991g. State authority State authority • Sec. 6991h.Sec. 6991h. Study of underground storage tanks Study of underground storage tanks • Sec. 6991i.Sec. 6991i. Authorization of appropriations Authorization of appropriations

TITLE 42 TITLE 42 CHAPTER 82 CHAPTER 82 SUBCHAPTER X SUBCHAPTER X - - DEMONSTRATION MEDICAL WASTE TRACKING DEMONSTRATION MEDICAL WASTE TRACKING

PROGRAMPROGRAM

• Sec. 6992.Sec. 6992. Scope of demonstration program for medical Scope of demonstration program for medical waste waste

• Sec. 6992a.Sec. 6992a. Listing of medical wastes Listing of medical wastes • Sec. 6992b.Sec. 6992b. Tracking of medical waste Tracking of medical waste • Sec. 6992c.Sec. 6992c. Inspections Inspections • Sec. 6992d.Sec. 6992d. Enforcement Enforcement • Sec. 6992e.Sec. 6992e. Federal facilities Federal facilities • Sec. 6992f.Sec. 6992f. Relationship to State law Relationship to State law • Sec. 6992g.Sec. 6992g. Repealed. Pub. L. 105-362, title V, Sec. 501h1A, Repealed. Pub. L. 105-362, title V, Sec. 501h1A,

Nov. 10, 1998, 112 Stat. 3284 Nov. 10, 1998, 112 Stat. 3284 • Sec. 6992h.Sec. 6992h. Health impacts report Health impacts report • Sec. 6992i. General provisions Sec. 6992i. General provisions • Sec. 6992j. Effective date Sec. 6992j. Effective date • Sec. 6992k. Authorization of appropriations Sec. 6992k. Authorization of appropriations

Environmental Law Week 2 44

RCRA HistoryRCRA History

• Began as amendment to Solid Waste Began as amendment to Solid Waste Disposal ActDisposal Act

• Promulgation very slow Promulgation very slow • Administrative scandalAdministrative scandal• Most prescriptive environmental law Most prescriptive environmental law

passedpassed• ““It isn’t fun anymore.” It isn’t fun anymore.” Wm. Ruckelshaus during Wm. Ruckelshaus during

22ndnd Term as EPA Administrator Term as EPA Administrator

Environmental Law Week 2 45

Goals of RCRAGoals of RCRA

• Protect human health and the Protect human health and the environment from hazards posed by waste environment from hazards posed by waste disposaldisposal

• Conserve energy and natural resources Conserve energy and natural resources through waste recycling and recoverythrough waste recycling and recovery

• Reduce or eliminate the amount of waste Reduce or eliminate the amount of waste generated—including hazardous wastegenerated—including hazardous waste

• Ensure that wastes are managed in an Ensure that wastes are managed in an environmentally sound manner.environmentally sound manner.

Environmental Law Week 2 46

Subtitles C and DSubtitles C and D

• Subtitle C pertains to Hazardous Subtitle C pertains to Hazardous Waste (280 million tons/yr)Waste (280 million tons/yr)– 54-page explanation of hazardous 54-page explanation of hazardous

waste definition issued in the Federal waste definition issued in the Federal Register 50 FR 614Register 50 FR 614

• Subtitle D pertains to Non-hazardous Subtitle D pertains to Non-hazardous wastes More than 20 times the wastes More than 20 times the amount of hazardous wastesamount of hazardous wastes

Environmental Law Week 2 47

RecycleRecycle

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

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

processprocess

Environmental Law Week 2 48

DiscardedDiscarded

• EPA Final Rule Jan. 4, 1985, 50 FR 614 EPA Final Rule Jan. 4, 1985, 50 FR 614 (1995) (1995) – Materials are solid waste if they are abandoned Materials are solid waste if they are abandoned

by: disposal, burned, incinerated; stored, by: disposal, burned, incinerated; stored, treated or accumulated before or in lieu of treated or accumulated before or in lieu of these activities.these activities.

– 5 secondary materials: spent materials, 5 secondary materials: spent materials, sludges, byproducts, commercial chemical sludges, byproducts, commercial chemical products and scrap metal.products and scrap metal.

Environmental Law Week 2 49

Before and After Subtitle D Before and After Subtitle D RegulationsRegulations

• Fewer sites handle 200 million tons of Fewer sites handle 200 million tons of municipal wastesmunicipal wastes

• Cost estimate $330 million per year to Cost estimate $330 million per year to implementimplement

Number of Municipal Landfills

02000400060008000

1991 1996

Year

Nu

mb

er

Environmental Law Week 2 50

Perception of Subtitle CPerception of Subtitle C