Resource Conservation and Recovery Act

42 USC 6901 et seq.; P.L. 94-580; 90 Stat. 2795; October 21, 1976

Note: The Resource Conservation and Recovery Act (RCRA) of 1976 is closely tied to the Solid Waste Disposal Act (SWDA) of 1965 (September 26, 1965, P.L. 89-272), which was the first federal law that addressed solid waste disposal in the United States. RCRA was enacted in 1976 as an amendment to the SWDA (aka the RCRA Amendment). It replaced the SWDA as the primary federal law governing the management of solid and hazardous waste in the United States.

Historical Context:

RCRA was enacted in 1976, at a time when the United States was experiencing a growing environmental movement. The 1960s and 1970s were marked by significant public concern over pollution and the environment, which led to the creation of several major environmental laws, including the CAA, the CWA, and RCRA. In the late 1970s, the Love Canal neighborhood in Niagara Falls, New York, became a national symbol of environmental pollution and toxic waste. The neighborhood was built on top of a former chemical waste dump site, and residents reported health problems, birth defects, and high rates of cancer. The disaster helped to galvanize public support for environmental regulations, including the RCRA. In addition, the United States was experiencing a growing waste management crisis in the 1970s, as landfills were filling up and waste was being improperly disposed of. RCRA was enacted to address this crisis and to provide a framework for the safe and environmentally responsible management of solid waste.

Regulatory Structure:

RCRA is administered by the Environmental Protection Agency (EPA) and its implementing regulations are found in Title 40 of the Code of Federal Regulations (CFR). RCRA establishes a cradle-to-grave system for the management of hazardous waste, which includes:

  1. Generator Requirements: Requirements for the safe and proper storage, labeling, and disposal of hazardous waste by those who generate it.

  2. Transporter Requirements: Requirements for the safe and proper transportation of hazardous waste.

  3. Treatment, Storage, and Disposal Facilities (TSDFs): Requirements for the safe and proper operation of facilities that treat, store, or dispose of hazardous waste.

  4. Land Disposal Restrictions: Requirements for limiting the types and amounts of hazardous waste that can be disposed of in landfills.

  5. Corrective Action: Requirements for addressing and cleaning up contamination caused by hazardous waste releases.

RCRA also includes provisions for citizen suits and enforcement actions by the EPA and state agencies to ensure compliance with its regulations.

Major Amendments to the Resource Conservation and Recovery Act (RCRA):

The Resource Conservation and Recovery Act (RCRA) is a federal law that was enacted in 1976 to regulate the management of hazardous and non-hazardous solid waste. RCRA has been amended several times over the years to address emerging environmental issues and to improve waste management practices. Some of the major amendments to RCRA include:

  1. The Solid Waste Disposal Act Amendments of 1980 (October 21, 1980, P.L. 96-482): This 1980 amendments significantly revised and expanded RCRA, including the establishment of the regulatory program for hazardous waste management, the authorization of the federal permit program for hazardous waste treatment, storage, and disposal facilities, and the creation of the comprehensive regulatory framework for managing nonhazardous solid wastes.

  2. Hazardous and Solid Waste Amendments (HSWA) of 1984 (November 8, 1984, P.L. 98-616): This amendment strengthened RCRA by requiring stricter regulations for the disposal of hazardous waste (Standards for Treatment, Storage, and Disposal Facilities (TSDs), 40 CFR 264 and 265). It also established a cradle-to-grave system for managing hazardous waste, which includes tracking the waste from generation to disposal.

  3. The Federal Facilities Compliance Act (FFCA) of 1992 aka Federal Facility Compliance Act Amendments of 1992 (October 6, 1992, P.L. 102-386): This Act amended RCRA to provide additional authority for the regulation of hazardous waste at federal facilities.

  4. Land Disposal Program Flexibility Act (LDPFA) of 1996 (October 30, 1996, P.L. 104-208): This amendment provided more flexibility in the regulation of hazardous waste landfills and allowed for alternative methods of waste disposal.

  5. The Land Disposal Program Flexibility Act of 1996 (January 6, 1996, P.L. 104-119): The Land Disposal Program Flexibility Act of 1996 amended RCRA and provided regulatory flexibility to the Environmental Protection Agency (EPA) in regulating hazardous waste. Specifically, it allowed the EPA to use risk-based approaches to determine the appropriate management of hazardous waste, rather than relying solely on prescriptive regulations. The Act also allowed states to develop alternative, but equally protective, standards for the management of hazardous waste, subject to EPA approval. The overall goal of the act was to promote more efficient and effective management of hazardous waste while maintaining protection of human health and the environment.

  6. Hazardous Waste Electronic Manifest Establishment Act (E-Manifest Act) of 2012 (July 7, 2012, P.L. 112-195): This amendment established a national electronic system for tracking hazardous waste shipments and disposal.