1605 THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)

I. Introduction

The Resource Conservation and Recovery Act can an unsecured loan be enforced (1976) amended the Solid Waste Disposal Act. In 1984, the Hazardous and Solid Waste Amendments (HSWA) was passed by Congress which greatly expanded the scope of the RCRA Program. Statutorily, the RCRA program has four major components.

Subtitle D – Solid Waste Program
Subtitle C – Hazardous Waste Program
Subtitle I – Underground Storage Tank Program
Subtitle J – Medical Waste Program (federal program expired)

From the regulatory perspective, RCRA Sections are identified by the following Headings.

40 CFR 255 – Identification of Regions and Agencies for Solid Waste Management

40 CFR 256 – Guidelines for the Development and Implementation of State Solid Waste Management Plans

40 CFR 257 – Criteria for Classification of Solid Waste Disposal Facilities and Practices

40 CFR 258 – Criteria for Municipal Solid Waste Landfills

40 CFR 259 – Standards for the Tracking and Management of Medical Waste

40 CFR 260 – Definitions and Rulemaking Petitions

40 CFR 261 – Determining Solid and Hazardous Wastes

40 CFR 262 – Who is a Generator and Responsibilities

40 CFR 263 – Who is a Transporter, Responsibilities and DOT Requirements

40 CFR 264 – Permit Standards for Treatment, Storage and Disposal Facilities

40 CFR 265 – Interim Standards for Treatment, Storage and Disposal Facilities

40 CFR 266 – Standards for Management of Specific Hazardous Wastes and Specific Hazardous Waste Management Facilities

40 CFR 267 – Interim Standards for Owner/Operators of New Hazardous Waste Land Disposal Facilities

40 CFR 268 – Land Disposal Restrictions

40 CFR 270 – EPA Administered Permit Program; The Hazardous Waste Permit Program

40 CFR 271 – Requirements for Authorization of State Hazardous Waste Programs

40 CFR 280 – Technical Standards and Corrective Action Requirements for Owner/Operators of Underground Storage Tanks

40 CFR 281 – Approval of State Underground Storage Tank Programs

DATA QUALITY – TAKE IT WITH A GRAIN OF SALT!

RCRIS (RCRA Information System) is divided up into separate modules; Permitting, Corrective Action, Compliance and Enforcement, State Authorization, etc. The module we will have access to is the Compliance and Enforcement module. This module provides inspection history, violations determined, enforcement actions taken. However, RCRIS information before 1987 should never be trusted. From 1987 to present, the data in the data base are better. However, we have found several variances in data entry from different States that make comparing information difficult. The States own the data and use the data in a manner they see fit. Their is a RCRIS Bible that details what kind of information is requested and how it should be entered. It does not always happen by the Bible. In addition, line items are incomplete for one reason or another. When you call the Region, they can provide you the information, but for some reason it was not entered into RCRIS.

WHAT IS A VIOLATION?

A violation is determined when a handler fails to meet the hazardous waste management regulations and/or statutory requirements as assigned to that handler.

For example:

VIOLATION CODES IN RCRIS

GENERATOR

GER – ALL REQUIREMENTS
GGR – GENERAL REQUIREMENTS
GMR – MANIFEST REQUIREMENTS
GPT – PRE-TRANSPORT REQUIREMENTS
GRR – RECORDKEEPING REQUIREMENTS
GSC – SPECIAL CONDITIONS
GSQ – SMALL QUANTITY GENERATOR REQUIREMENTS
GOR – OTHER REQUIREMENTS
GLB – LAND BAN REQUIREMENTS

TRANSPORTER
TGR – GENERAL REQUIREMENTS
TMR – MANIFEST/RECORDKEEPING REQ
TRR – ALL REQUIREMENTS
TWD – HAZARDOUS WASTE DISCHARGES
TOR – OTHER REQUIREMENTS

TREATMENT, STORAGE AND DISPOSAL FACT
DGS – TSD-GENERAL STANDARDS DPP TSD-PREPAREDNESS/PREVENTION REQ
DCP – TSD-CONTINGENCY PLAN REQ
DMR – TSD-MANIFEST REQUIREMENTS
DGW – TSD-GROUNDWATER MONITORING REQUIREMENTS
DCL – TSD-CLOSURE/POST-CLOSURE REQUIREMENTS
DFR – TSD-FINANCIAL RESPONSIBILITY REQUIREMENTS
DLF – TSD-LANDFILL REQUIREMENTS
DMC – TSD-CONTAINER REQUIREMENTS
DTR – TSD-TANK REQUIREMENTS
DST – TSD-SURFACE IMPOUNDMENTS REQUIREMENTS
DWP – TSD-WASTE PILE REQUIREMENTS
DLT – TSD-LAND TREATMENT REQUIREMENTS
DIN – TSD-INCINERATOR REQUIREMENTS
DTI – TSD-THERMAL TREATMENT REQUIRMENTS
DCH – TSD-CHEMICAL/BIOLOGICAL/PHYSICAL REQUIREMENTS
DPB – TSD-PART B PERMIT APPLICATION DLB TSD-LAND BAN REQUIREMENTS
DOR – TSD-OTHER REQUIREMENTS
DOT – TSD-OTHER REQUIREMENTS (OVERSIGHT LEVEL)
CAS – TSD-CORRECTIVE ACTION COMPLIANCE SCHEDULE

THE WONDERFUL WORLD OF RCRA

HOW MANY?

Currently, about 200,000 handlers:

COMPLIANCE, IN GENERAL

SUBTITLE D

For the most part, we will not deal with Subtitle D. These regulations deal with municipal solid waste landfills. There are municipal solid waste landfills that are privately owned.

  1. Criteria for classifying solid waste disposal facilities includes floodplains, endangered species, surface water, ground water, application to land for food crops, disease, air, safety. (257.1 – .4)
  2. Part 258 deals with location restrictions (258.10 – .16), operating criteria (258.20 – .29), design criteria (258.40), ground water monitoring and corrective action (258.50 – .58), closure and post-closure (258.60 – .61) and financial assurance criteria (258.70 – .74)

SUBTITLE C

GENERATORS are required to:

  1. Submit Form 8700-12 to receive an EPA ID number. (262.12)
  2. Prepare a Uniform Hazardous Waste Manifest if there is off-site transportation of hazardous wastes. Comply with all DOT requirements for transportation. (262.-.32)
  3. Label all drums that accumulate hazardous wastes. (262.34)
  4. Keep all manifests for three years, all Land Ban Notifications and Certifications for five years. (262.40)
  5. A Generator must prepare and keep records for the Biennial Report, Exception Report and any test results waste analyses or other determinations for three years. (262.40 – .43)
  6. If exporting, the Generator must seek an Acknowledgement of Consent from EPA through the importing country to ship the wastes. The AOC and confirmation of delivery notices must be kept for three years. (262.50 – .57)
  7. Generators when signing the hazardous waste manifest attest to have in place a waste reduction plan. (Note; There is no definitive information of what makes up a waste reduction plan.) (262 Appendix)

TRANSPORTERS are required to:

  1. Submit Form 8700-12 to receive an EPA ID number. (263. 11)
  2. Keep a copy of each manifest for three years. (263.22)
  3. If a hazardous waste is discharged, it is to be reported to the National Response Center, clean it up and file a report within 30 days to DOT. (263.30 – .3 1)

TREATMENT, STORAGE AND DISPOSAL FACILITIES are required to:

THESE REQUIREMENTS ARE FOR INTERIM STATUS FACILITIES. TO CONTINUE OPERATING, A TSDF MUST FILE A PART A AND B APPLICATION FOR A PERMIT TO CONTINUE FACILITY OPERATIONS.

  1. Submit Form 8700-12 to receive an EPA ID number. (265. 1 1)
  2. Prepare a general waste analysis plan. The plan must describe all the procedures to be used to analysis all wastes allowed at the site. (265.13)
  3. The facility must be secured and signed in such a manner so no unauthorized people or livestock can gain entry onto the property. (265.14)
  4. The facility must develop written procedures for inspections of hazardous waste units and the inspections must be done often enough so as the equipment does not harm human health or the environment. (265.15)
  5. All personnel must have training to ensure their training is comparable to their job responsibilities as well as documenting continuous training of personnel. In addition emergency response training at the facility. (265.16)
  6. Segregation of wastes on site to prevent explosions, reactions. (265.17)
  7. A written construction quality assurance, leak control plan. (265.19)
  8. Prevention and Preparedness such as an internal communications system available during an emergency as well as external communication to police, fire and emergency response teams. (265.30 – .37)
  9. Contingency Plan and Emergency Procedures, a written plan outlining primary and secondary exits during an emergency, placement of all response equipment, list of facility staff who can act as emergency coordinator, etc. 265.50 – .56
  10. The facility must keep manifests, must maintain an operating log that describes and identifies where all wastes are placed at the facility, prepare and maintain records in preparing the Biennial Report. (265.70 – .77)
  11. The facility (a land based treatment or storage facility) must install a ground water monitoring system, maintain it, sample quarterly and maintain these records. (265.90 -.94)
  12. If closing, a closure plan is prepared and if the facility closes with wastes in place, a plan and financial instruments in place for thirty year monitoring and clean-up. (265.110 – .150)
  13. After the closure/post-closure section, specific regulations apply to the specific units. (265.170 – .1102)

SUBTITLE J

The federal medical waste tracking program no longer exists. It was a two year pilot program in response to the ocean wash-up of medical instruments along the East Coast during the Summer, 1988. However, several States have implemented their own medical waste tracking program.

SUBTITLE I

UNDERGROUND STORAGE TANKS are to comply with;

FOR NEW TANKS

  1. Installation of tank is performed in accordance with a national performance code. (280.20)
  2. Spill prevention equipment installed. (280.20)
  3. Certified by an engineer that the installation has been performed to national performance code. (280.20)

FOR EXISTING TANKS

  1. By December 22, 1998, these tanks become new tanks or upgrade the tanks or close the tanks. (280.21)
  2. The upgrade can be by installing a new internal liner or cathode protection or both. (280.21)
  3. The piping of the tank must be upgraded to a national code. (280.21)
  4. Spill and overfill protection installed to meet new tank spill and overfill requirements. (280.30)
  5. Notification to State of any tank brought into use after May 8, 1986 as to its existence. (280.22)

GENERAL OPERATING REQUIREMENTS

  1. Spill and overfill control, O&M of corrosion protection, compatibility of tank to material, repairs to national code standards, reporting and recordkeeping. (280.30 – .34)

RELEASE DETECTION

  1. General requirements for ALL USTS, requirements for petroleum USTS, requirements for hazardous substances, methods of release detection for tanks and piping, recordkeeping of releases. (280.40 – .45)

RELEASE REPORTING, INVESTIGATION AND CONFIRMATION

  1. Report suspected releases and off-site impacts, investigation and confirmation, reporting and clean-up of spills and overspills. (280.50 – .53)

RELEASE REPORTING AND CORRECTIVE ACTION FOR UST SYSTEMS CONTAINING PETROLEUM AND HAZARDOUS SUBSTANCES

  1. Initial response, abatement and site check, initial site characterization, free product removal, investigation for soil and groundwater clean-up, corrective action plan, public participation. (280.60 – .67)

OUT-OF-SERVICE UST SYSTEMS AND CLOSURE

  1. Temporary closure, permanent closure and change of service, assessing site at closure or change of service, closure records. (280.70 – .74)

FINANCIAL RESPONSIBILITY

  1. Applicability, several instruments for showing financial responsibility. (280.90 – .115)

TYPES OF RCRA INSPECTIONS

CEI – COMPLIANCE EVALUATION INSPECTION (most common, general facility review)
CES – COMPLIANCE EVALUATION INSPECTION WITHOUT SAMPLING
CME – COMPLIANCE (GROUNDWATER) MONITORING EVALUATION (at land disposal facilities, comprehensive review of GWM system)
CMS – COMPLIANCE (GROUNDWATER) MONITORING EVALUATION WITHOUT SAMPLING
FRR – FINANCIAL RECORDS REVIEW (clean up of emergency spills, corrective action, post-closure)
NRR – NON-FINANCIAL RECORDS REVIEW (Biennial report, manifests, land ban, WAPS, Contingency Plans, Emergency Preparedness)
O&M – OPERATIONS AND MAINTENANCE (review of GWM system, a cursory review)
CSE – COMPLIANCE SCHEDULE EVALUATION (review of compliance schedule)
CDI – CASE DEVELOPMENT INSPECTION (follow-up to CEI to gather more data for enforcement action
SPL – SAMPLING INSPECTION
LBN – LAND DISPOSAL RESTRICTIONS REQUIREMENTS INSPECTION (focus is on Land Ban program)
CAO – ON-SITE INSPECTION OF CORRECTIVE ACTION ACTIVITIES (focus is on corrective action activities at the site)
OTH – OTHER EVALUATION

Source: US EPA

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Last Update – 21-Mar-97