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RCRA: Resource Conservation and Recovery Act

RCRA: Resource Conservation and Recovery Act. Module 2: RCRA Part 2. RCRA. Overview Regulations. Reference: U.S. EPA. 2003. RCRA Orientation Manual . EPA530-R-02-016. Washington, D.C. RCRA: Overview. Regulations The Act directs EPA to develop regulations

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RCRA: Resource Conservation and Recovery Act

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  1. RCRA: Resource Conservation and Recovery Act Module 2: RCRA Part 2

  2. RCRA • Overview • Regulations Reference: U.S. EPA. 2003. RCRA Orientation Manual. EPA530-R-02-016. Washington, D.C.

  3. RCRA: Overview • Regulations • The Act directs EPA to develop regulations • Rulemaking and/or regulations are developed by EPA • Translate the mandate of statutes into requirements or sets or requirements • These apply both to the agency (EPA) and to the regulated community

  4. RCRA: Overview • Regulations – development • EPA leads development though open public process • A regulation is first proposed • It is then printed in the “Federal Register” • This notifies public on intent for rulemaking • New regulations or modifications to existing regulations

  5. RCRA: Overview • Regulations – development • Public includes regulated community • A comment period is allowed • Proposed regulations may then be modified based on comments and EPA process • Final regulation is published in the federal register

  6. http://www.gpoaccess.gov/fr/index.html

  7. RCRA: Overview • Regulations – codification • Final step in the process • Annual compilation in the Code of Federal Regulations (CFR) • EPA regulations – Title 40 of the CFR • RCRA – 40 CFR Parts 240 - 282

  8. http://www.gpoaccess.gov/cfr/index.html

  9. RCRA: Overview • Regulations – codification • Cited as 40 CFR, with the • Part listed afterward (e.g., 40 CFR Part 264) • Part and section (e.g., 40 CFR §264.10) • § - Section symbol (for your information)

  10. RCRA: Overview • Regulations – codification • Cited as 40 CFR, with the • Part listed afterward (e.g., 40 CFR Part 264) • Part and section (e.g., 40 CFR §264.10) • § - Section symbol (for your information)

  11. RCRA: Overview • Regulations • Hazardous and Solid Waste Act (HSWA) regulations differ • Statute included instructions to develop certain regulations • Established hammer provisions, or • Statutory requirements that would go into effect by certain dates if regulations not promulgated by EPA

  12. RCRA: Overview • Regulations • EPA clarifies the requirements of the Act and through: • Guidance documents and, • Policy

  13. Guidance Documents: Elaborate on EPA’s interpretation of the Act

  14. Policy Statements: Operating procedures that should be followed.

  15. RCRA: Overview • How RCRA works • Three programs • Hazardous Waste – Subtitle C • Solid Waste – Subtitle D • USTs – Subtitle I

  16. RCRA: Overview • How RCRA works • Hazardous Waste – RCRA Subtitle C • Manage hazardous wastes from cradle to grave • Major objective: protect human health and the environment through proper handling of hazardous waste • Covers generation, transportation, treatment, storage, and disposal of hazardous waste • 1999 – 1,575 hazardous waste treatment, storage, and disposal facilities (TSDFs); 17,000 transporters; 20,000 large quantity generators (LQGs)

  17. RCRA: Overview • How RCRA works • Hazardous Waste – RCRA Subtitle C • Most comprehensive regs ever developed by EP • Criteria to determine if a solid waste is hazardous • Establishes requirements for the three types of hazardous waste handlers: • Generators • Transporters • TSDFs • Technical standards for design and operation of TSDFs • Basis for permits for TSDFs – standards applied

  18. RCRA: Overview • How RCRA works • Solid Waste – RCRA Subtitle D • Focus – State and local governments • Planning, regulating, and implementing entities for the management of nonhazardous solid waste • EPA to provide state and local agencies with resources • Assist in the decision making process • Maximize benefits related to recycling and reduction’ • Closure of unsound disposal units • Criteria for design and operation of municipal solid waste land fills (MSWLFs) • States may adopt criteria

  19. RCRA: Overview • How RCRA works • Subtitle I – Underground Storage Tanks (USTs) • Regulates USTs that contain petroleum or hazardous substances • Major objectives: prevent and clean up releases from USTs • Performance standards for new tanks • Upgrading requirements for existing tanks • Regulations to prevent, detect, and clean up releases at all UST sites. • State UST programs may accept primacy role

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