Statute: 42 U.S.C. § 6901-6992k, as amended by the Federal Facility Compliance Act.

Regulations: 40 CFR 148, 240-299

Administering Agency: U.S. Environmental Protection Agency

General Description:  The Resource Conservation and Recovery Act (RCRA) was passed by Congress in 1976 and virtually replaced the Solid Waste Disposal Act (SWDA). RCRA addresses the management of solid and hazardous waste as well as underground storage tanks that contain hazardous substances or petroleum. The statutory provisions and implementing regulations of RCRA provide "cradle-to-grave" regulation and control of hazardous wastes by imposing various waste management requirements on generators,
transporters, and facilities that treat, recycle, store, or dispose of these wastes. The statute requires that hazardous waste generators notify EPA of their activities and comply with a specific set of management standards and manifesting rules. Transporters are subject to regulations imposing manifesting, labeling, and handling requirements.  Facilities that treat, store, or dispose of hazardous wastes (TSDFs) must comply with RCRA's permitting scheme, various performance and management standards, and provisions banning the land disposal of untreated hazardous wastes. RCRA authorizes states to take over responsibility for implementing the hazardous waste regulatory program, regulates various hazardous waste recycling activities, regulates underground storage tanks, and restricts the export of hazardous wastes. It also establishes minimum Federal criteria for municipal solid waste landfills, provides guidelines for state solid waste planning, and establishes Federal procurement guidelines. RCRA also sets forth a national policy of reducing or eliminating the generation of hazardous waste in the U.S. and ensuring that those wastes that are generated are managed to minimize their present or future danger to human health and the environment.  RCRA discourages the land disposal of hazardous wastes, and promotes source reduction, recycling, and treatment technologies as the preferred alternatives.

Major Statutory and Regulatory Provisions:

Defines hazardous and solid wastes (42 U.S.C. § 6903; 40 CFR 261)

Establishes technical standards for generators and transporters of hazardous wastes, and both technical standards and permitting requirements for owners and operators of hazardous waste treatment, storage, and disposal facilities (42 U.S.C. § 6922-25; 40 CFR 262-265, 270)

Provides for EPA review and authorization of state hazardous waste regulatory programs (42 U.S.C. § 6926; 40 CFR 271)

Establishes recycled used oil management standards (42 U.S.C. § 6935; 40 CFR 279)

Restricts export of hazardous wastes (42 U.S.C. § 6938; 40 CFR 262, Subpart E)

Restricts the disposal of hazardous wastes by underground injection (42 U.S.C. 6924; 40 CFR 148)

Delineates factors to be considered in developing and implementing state and regional solid waste management plans (42 U.S.C. § 6942-43, 6946-47; 40 CFR 255-257)

Establishes requirements for Federal procuring agencies designed to promote the purchase of products containing recovered materials (42 U.S.C. § 6962; 40 CFR 247-253)

Prohibits open dumping of solid wastes (42 U.S.C. § 6945; 40 CFR 256-257)

Regulates underground storage tanks (USTs) containing petroleum products or hazardous substances (42 U.S.C. § 6924; 40 CFR 280)

Prohibits the land disposal of untreated hazardous wastes, and imposes strict treatment standards for those wastes that are land disposed at approved RCRA disposal sites (42 U.S.C. § 6924; 40 CFR 268)

Establishes Federal criteria for the design and operation of municipal solid waste landfills (MSWLFs) (42 U.S.C. § 6949(a); 40 CFR 258)

Enforcement: The EPA Administrator, under RCRA § 3008, may enforce RCRA's statutory and regulatory provisions by issuing an order that assesses a civil penalty and/or requires compliance, or the Administrator may commence a civil action in the U.S. District Court with jurisdiction over the alleged violation. People who knowingly violate various RCRA statutory and regulatory provisions, or knowingly transport, treat, store, dispose of, or export hazardous waste in such a way as to place another person in imminent danger of death or serious bodily injury, are potentially subject to criminal penalties (fines and/or imprisonment). RCRA § 7002 gives citizens the right to bring suit against any person, including the U.S., for violations of RCRA. Finally, the EPA Administrator has the authority under RCRA § 7003 to bring suit against any person if there is evidence that past or present handling, storage, treatment, transportation or disposal of any solid or hazardous waste by that person may present an imminent and substantial endangerment to health or the environment.

Applies to or Affects: Generation, storage, treatment, transportation, and disposal of hazardous waste; cleanup at active sites; operations using underground storage tanks;
recycling operations; landfills; and disposal of medical waste.