Resource Conservation and Recovery Act

42 U.S.C. s/s 6901 et seq. (1976)

RCRA (pronounced "rick-rah") gave EPA the authority to control hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous wastes.

The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. RCRA focuses only on active and future facilities and does not address abandoned or historical sites (see CERCLA).

HSWA (pronounced "hiss-wa")—The Federal Hazardous and Solid Waste Amendments are the 1984 amendments to RCRA that required phasing out land disposal of hazardous waste. Some of the other mandates of this strict law include increased enforcement authority for EPA, more stringent hazardous waste management standards, and a comprehensive underground storage tank program.

From the U.S. Code Online via GPO Access

[wais.access.gpo.gov]

[Laws in effect as of January 24, 2002]

[Document not affected by Public Laws enacted between

January 24, 2002 and December 19, 2002]

[CITE: 42USC]

TITLE 42--THE PUBLIC HEALTH AND WELFARE

CHAPTER 82--SOLID WASTE DISPOSAL

SUBCHAPTER I--GENERAL PROVISIONS

Sec.

6901. Congressional findings.

(a) Solid waste.

(b) Environment and health.

(c) Materials.

(d) Energy.

6901a. Congressional findings: used oil recycling.

6902. Objectives and national policy.

(a) Objectives.

(b) National policy.

6903. Definitions.

6904. Governmental cooperation.

(a) Interstate cooperation.

(b) Consent of Congress to compacts.

6905. Application of chapter and integration with other Acts.

(a) Application of chapter.

(b) Integration with other Acts.

(c) Integration with the Surface Mining Control and

Reclamation Act of 1977.

6906. Financial disclosure.

(a) Statement.

(b) Action by Administrator.

(c) Exemption.

(d) Penalty.

6907. Solid waste management information and guidelines.

(a) Guidelines.

(b) Notice.

6908. Small town environmental planning.

(a) Establishment.

(b) Small Town Environmental Planning Task Force.

(c) Identification of environmental requirements.

(d) Small Town Ombudsman.

(e) Multi-media permits.

(f) ``Small town'''' defined.

(g) Authorization.

6908a. Agreements with Indian tribes.

SUBCHAPTER II--OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

6911. Office of Solid Waste and Interagency Coordinating

Committee.

(a) Office of Solid Waste.

(b) Interagency Coordinating Committee.

6911a. Assistant Administrator of Environmental Protection

Agency; appointment, etc.

6912. Authorities of Administrator.

(a) Authorities.

(b) Revision of regulations.

(c) Criminal investigations.

6913. Resource Recovery and Conservation Panels.

6914. Grants for discarded tire disposal.

(a) Grants.

(b) Authorization of appropriations.

6914a. Labeling of lubricating oil.

6914b. Degradable plastic ring carriers; definitions.

6914b-1. Regulation of plastic ring carriers.

6915. Annual report.

6916. General authorization.

(a) General administration.

(b) Resource Recovery and Conservation Panels.

(c) Hazardous waste.

(d) State and local support.

(e) Criminal investigators.

(f) Underground storage tanks.

6917. Office of Ombudsman.

(a) Establishment; functions.

(b) Authority to render assistance.

(c) Effect on procedures for grievances, appeals, or

administrative matters.

(d) Termination.

SUBCHAPTER III--HAZARDOUS WASTE MANAGEMENT

 

6921. Identification and listing of hazardous waste.

(a) Criteria for identification or listing.

(b) Identification and listing.

(c) Petition by State Governor.

(d) Small quantity generator waste.

(e) Specified wastes.

(f) Delisting procedures.

(g) EP toxicity.

(h) Additional characteristics.

(i) Clarification of household waste exclusion.

6922. Standards applicable to generators of hazardous waste.

(a) In general.

(b) Waste minimization.

6923. Standards applicable to transporters of hazardous waste.

(a) Standards.

(b) Coordination with regulations of Secretary of

Transportation.

(c) Fuel from hazardous waste.

6924. Standards applicable to owners and operators of hazardous

waste treatment, storage, and disposal facilities.

(a) In general.

(b) Salt dome formations, salt bed formations, underground

mines and caves.

(c) Liquids in landfills.

(d) Prohibitions on land disposal of specified wastes.

(e) Solvents and dioxins.

(f) Disposal into deep injection wells; specified subsection

(d) wastes; solvents and dioxins.

(g) Additional land disposal prohibition determinations.

(h) Variance from land disposal prohibitions.

(i) Publication of determination.

(j) Storage of hazardous waste prohibited from land disposal.

(k) ``Land disposal'''' defined.

(l) Ban on dust suppression.

(m) Treatment standards for wastes subject to land disposal

prohibition.

(n) Air emissions.

(o) Minimum technological requirements.

(p) Ground water monitoring.

(q) Hazardous waste used as fuel.

(r) Labeling.

(s) Recordkeeping.

(t) Financial responsibility provisions.

(u) Continuing releases at permitted facilities.

(v) Corrective action beyond facility boundary.

(w) Underground tanks.

(x) Mining and other special wastes.

(y) Munitions.

6925. Permits for treatment, storage, or disposal of hazardous

waste.

(a) Permit requirements.

(b) Requirements of permit application.

(c) Permit issuance.

(d) Permit revocation.

(e) Interim status.

(f) Coal mining wastes and reclamation permits.

(g) Research, development, and demonstration permits.

(h) Waste minimization.

(i) Interim status facilities receiving wastes after July 26,

1982.

(j) Interim status surface impoundments.

6926. Authorized State hazardous waste programs.

(a) Federal guidelines.

(b) Authorization of State program.

(c) Interim authorization.

(d) Effect of State permit.

(e) Withdrawal of authorization.

(f) Availability of information.

(g) Amendments made by 1984 act.

(h) State programs for used oil.

6927. Inspections.

(a) Access entry.

(b) Availability to public.

(c) Federal facility inspections.

(d) State-operated facilities.

(e) Mandatory inspections.

6928. Federal enforcement.

(a) Compliance orders.

(b) Public hearing.

(c) Violation of compliance orders.

(d) Criminal penalties.

(e) Knowing endangerment.

(f) Special rules.

(g) Civil penalty.

(h) Interim status corrective action orders.

6929. Retention of State authority.

6930. Effective date.

(a) Preliminary notification.

(b) Effective date of regulation.

6931. Authorization of assistance to States.

(a) Authorization of appropriations.

(b) Allocation.

(c) Activities included.

6932. Transferred.

6933. Hazardous waste site inventory.

(a) State inventory programs.

(b) Environmental Protection Agency program.

(c) Grants.

(d) No impediment to immediate remedial action.

6934. Monitoring, analysis, and testing.

(a) Authority of Administrator.

(b) Previous owners and operators.

(c) Proposal.

(d) Monitoring, etc., carried out by Administrator.

(e) Enforcement.

6935. Restrictions on recycled oil.

(a) In general.

(b) Identification or listing of used oil as hazardous waste.

(c) Used oil which is recycled.

(d) Permits.

6936. Expansion during interim status.

(a) Waste piles.

(b) Landfills and surface impoundments.

6937. Inventory of Federal agency hazardous waste facilities.

(a) Program requirement; submission; availability; contents.

(b) Environmental Protection Agency program.

6938. Export of hazardous wastes.

(a) In general.

(b) Regulations.

(c) Notification.

(d) Procedures for requesting consent of receiving country.

(e) Conveyance of written consent to exporter.

(f) International agreements.

(g) Reports.

(h) Other standards.

6939. Domestic sewage.

(a) Report.

(b) Revisions of regulations.

(c) Report on wastewater lagoons.

(d) Application of sections 6927 and 6930.

6939a. Exposure information and health assessments.

(a) Exposure information.

(b) Health assessments.

(c) Members of the public.

(d) Priority.

(e) Periodic reports.

(f) ``Health assessments'''' defined.

(g) Cost recovery.

6939b. Interim control of hazardous waste injection.

(a) Underground source of drinking water.

(b) Actions under Comprehensive Environmental Response,

Compensation, and Liability Act.

(c) Enforcement.

(d) Definitions.

6939c. Mixed waste inventory reports and plan.

(a) Mixed waste inventory reports.

(b) Plan for development of treatment capacities and

technologies.

(c) Schedule and progress reports.

6939d. Public vessels.

(a) Waste generated on public vessels.

(b) Computation of storage period.

(c) Definitions.

(d) Relationship to other law.

6939e. Federally owned treatment works.

(a) In general.

(b) Prohibition.

(c) Enforcement.

(d) ``Federally owned treatment works'''' defined.

(e) Savings clause.

SUBCHAPTER IV--STATE OR REGIONAL SOLID WASTE PLANS

6941. Objectives of subchapter.

6941a. Energy and materials conservation and recovery;

Congressional findings.

6942. Federal guidelines for plans.

(a) Guidelines for identification of regions.

(b) Guidelines for State plans.

(c) Considerations for State plan guidelines.

6943. Requirements for approval of plans.

(a) Minimum requirements.

(b) Discretionary plan provisions relating to recycled oil.

(c) Energy and materials conservation and recovery feasibility

planning and assistance.

(d) Size of waste-to-energy facilities.

6944. Criteria for sanitary landfills; sanitary landfills

required for all disposal.

(a) Criteria for sanitary landfills.

(b) Disposal required to be in sanitary landfills, etc.

(c) Effective date.

6945. Upgrading of open dumps.

(a) Closing or upgrading of existing open dumps.

(b) Inventory.

(c) Control of hazardous disposal.

6946. Procedure for development and implementation of State

plan.

(a) Identification of regions.

(b) Identification of State and local agencies and

responsibilities.

(c) Interstate regions.

6947. Approval of State plan; Federal assistance.

(a) Plan approval.

(b) Eligibility of States for Federal financial assistance.

(c) Existing activities.

6948. Federal assistance.

(a) Authorization of Federal financial assistance.

(b) State allotment.

(c) Distribution of Federal financial assistance within the

State.

(d) Technical assistance.

(e) Special communities.

(f) Assistance to States for discretionary program for

recycled oil.

(g) Assistance to municipalities for energy and materials

conservation and recovery planning activities.

6949. Rural communities assistance.

(a) In general.

(b) Allotment.

(c) Limit.

(d) Authorization of appropriations.

6949a. Adequacy of certain guidelines and criteria.

(a) Study.

(b) Report.

(c) Revisions of guidelines and criteria.

SUBCHAPTER V--DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND

RECOVERY

6951. Functions.

6952. Development of specifications for secondary materials.

6953. Development of markets for recovered materials.

6954. Technology promotion.

6955. Marketing policies, establishment; nondiscrimination

requirement.

6956. Authorization of appropriations.

SUBCHAPTER VI--FEDERAL RESPONSIBILITIES

6961. Application of Federal, State, and local law to Federal

facilities.

(a) In general.

(b) Administrative enforcement actions.

(c) Limitation on State use of funds collected from Federal

Government.

6962. Federal procurement.

(a) Application of section.

(b) Procurement subject to other law.

(c) Requirements.

(d) Specifications.

(e) Guidelines.

(f) Procurement of services.

(g) Executive Office.

(h) ``Recovered materials'''' defined.

(i) Procurement program.

6963. Cooperation with Environmental Protection Agency.

(a) General rule.

(b) Information relating to energy and materials conservation

and recovery.

6964. Applicability of solid waste disposal guidelines to

Executive agencies.

(a) Compliance.

(b) Licenses and permits.

6965. Chief Financial Officer report.

SUBCHAPTER VII--MISCELLANEOUS PROVISIONS

6971. Employee protection.

(a) General.

(b) Remedy.

(c) Costs.

(d) Exception.

(e) Employment shifts and loss.

(f) Occupational safety and health.

6972. Citizen suits.

(a) In general.

(b) Actions prohibited.

(c) Notice.

(d) Intervention.

(e) Costs.

(f) Other rights preserved.

(g) Transporters.

6973. Imminent hazard.

(a) Authority of Administrator.

(b) Violations.

(c) Immediate notice.

(d) Public participation in settlements.

6974. Petition for regulations; public participation.

(a) Petition.

(b) Public participation.

6975. Separability.

6976. Judicial review.

(a) Review of final regulations and certain petitions.

(b) Review of certain actions under sections 6925 and 6926 of

this title.

6977. Grants or contracts for training projects.

(a) General authority.

(b) Purposes.

6978. Payments.

(a) General rule.

(b) Prohibition.

6979. Labor standards.

6979a. Transferred.

6979b. Law enforcement authority.

SUBCHAPTER VIII--RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

INFORMATION

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

(a) General authority.

(b) Management program.

(c) Authorities.

6982. Special studies; plans for research, development, and

demonstrations.

(a) Glass and plastic.

(b) Composition of waste stream.

(c) Priorities study.

(d) Small-scale and low technology study.

(e) Front-end source separation.

(f) Mining waste.

(g) Sludge.

(h) Tires.

(i) Resource recovery facilities.

(j) Resource Conservation Committee.

(k) Airport landfills.

(l) Completion of research and studies.

(m) Drilling fluids, produced waters, and other wastes

associated with the exploration, development, or

production of crude oil or natural gas or geothermal

energy.

(n) Materials generated from the combustion of coal and other

fossil fuels.

(o) Cement kiln dust waste.

(p) Materials generated from extraction, beneficiation, and

processing of ores and minerals, including phosphate

rock and overburden from uranium mining.

(q) Authorization of appropriations.

(r) Minimization of hazardous waste.

(s) Extending landfill life and reusing landfilled areas.

6983. Coordination, collection, and dissemination of

information.

(a) Information.

(b) Library.

(c) Model accounting system.

(d) Model codes.

(e) Information programs.

(f) Coordination.

(g) Special restriction.

6984. Full-scale demonstration facilities.

(a) Authority.

(b) Time limitation.

(c) Cost sharing.

(d) Prohibition.

6985. Special study and demonstration projects on recovery of

useful energy and materials.

(a) Studies.

(b) Demonstration.

(c) Application of other sections.

6986. Grants for resource recovery systems and improved solid

waste disposal facilities.

(a) Authority.

(b) Conditions.

(c) Limitations.

(d) Regulations.

(e) Additional limitations.

(f) Single State.

6987. Authorization of appropriations.

SUBCHAPTER IX--REGULATION OF UNDERGROUND STORAGE TANKS

6991. Definitions and exemptions.

6991a. Notification.

(a) Underground storage tanks.

(b) Agency designation.

(c) State inventories.

6991b. Release detection, prevention, and correction regulations.

(a) Regulations.

(b) Distinctions in regulations.

(c) Requirements.

(d) Financial responsibility.

(e) New tank performance standards.

(f) Effective dates.

(g) Interim prohibition.

(h) EPA response program for petroleum.

6991c. Approval of State programs.

(a) Elements of State program.

(b) Federal standards.

(c) Financial responsibility.

(d) EPA determination.

(e) Withdrawal of authorization.

6991d. Inspections, monitoring, testing, and corrective action.

(a) Furnishing information.

(b) Confidentiality.

6991e. Federal enforcement.

(a) Compliance orders.

(b) Procedure.

(c) Contents of order.

(d) Civil penalties.

6991f. Federal facilities.

(a) Application of subchapter.

(b) Presidential exemption.

6991g. State authority.

6991h. Study of underground storage tanks.

(a) Petroleum tanks.

(b) Other tanks.

(c) Elements of studies.

(d) Farm and heating oil tanks.

(e) Reports.

(f) Reimbursement.

6991i. Authorization of appropriations.

SUBCHAPTER X--DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

6992. Scope of demonstration program for medical waste.

(a) Covered States.

(b) Opt out.

(c) Petition in.

(d) Expiration of demonstration program.

6992a. Listing of medical wastes.

(a) List.

(b) Exclusions from list.

6992b. Tracking of medical waste.

(a) Demonstration program.

(b) Small quantities.

(c) On-site incinerators.

(d) Type of medical waste and types of generators.

6992c. Inspections.

(a) Requirements for access.

(b) Procedures.

(c) Availability to public.

6992d. Enforcement.

(a) Compliance orders.

(b) Criminal penalties.

(c) Knowing endangerment.

(d) Civil penalties.

(e) Civil penalty policy.

6992e. Federal facilities.

(a) In general.

(b) ``Person'''' defined.

6992f. Relationship to State law.

(a) State inspections and enforcement.

(b) Retention of State authority.

(c) State forms.

6992g. Repealed.

6992h. Health impacts report.

6992i. General provisions.

(a) Consultation.

(b) Public comment.

(c) Relationship to subchapter III.

6992j. Effective date.

6992k. Authorization of appropriations.

Chapter Referred to in Other Sections

This chapter is referred to in sections 300h-6, 300h-7, 2022, 2114,

4365, 4368b, 5919, 7412, 7429, 8302, 9601, 9604, 9613, 9614, 9619, 6920,

9621, 9627, 9628, 9659, 9660, 14323 of this title; title 7 section 136q;

title 10 sections 2708, 7311; title 16 section 460lll; title 18 section

1956; title 25 section 3908; title 26 section 468; title 30 section

1292; title 33 sections 1319, 2602, 2622, 2718; title 49 section 14901.