Resource Conservation and Recovery Act (RCRA)

• THE LAW: US federal legislation concerning the protection of human health and the environment from hazardous wastes
• DATE: Enacted on October 21, 1976
• The Resource Conservation and Recovery Act aims to protect the environment by prohibiting the open dumping of wastes on land and by requiring federal agencies to establish programs to reduce the amounts of waste materials generated. The act also addresses the conservation of resources by requiring the recovery or recycling of certain kinds of waste materials.

As human industries and technologies have advanced, increasing numbers of materials have been deposited into the air and land that are dangerous to human health. Many consumer products—including electronic devices and batteries—contain harmful components that can leach into the soil and contaminate it if these items are not disposed of safely. Gases and soot emitted from factories can pollute the air and cause difficult breathing as well as permanent damage to the lungs. Radioactive materials used in nuclear plants or in hospitals can have deleterious effects if not handled properly.

During the 1970s, the US Congress became aware that the disposal of solid and hazardous wastes in and on land without careful planning and management can present a danger to human health and the environment. The Resource Conservation and Recovery Act of 1976 (RCRA) was one result of this awareness. RCRA authorizes environmental agencies to order the cleanup of contaminated sites and promotes improvement in management techniques for solid and hazardous wastes. The law mandates that such wastes be handled by competent authorities from the time the wastes are generated until the time of their disposal, or “from cradle to grave.”

Disposal of Solid and Hazardous Wastes

The Solid Waste Disposal Act was promulgated in 1965 by President Lyndon B. Johnson, who created the Office of Solid Waste within the US Public Health Service. In 1970, the US Environmental Protection Agency (EPA) took over responsibility for solid waste management. RCRA updated this law and made it clear that taking care of trash is a matter of public health. RCRA defines solid waste as any garbage, refuse, or sludge from a wastewater treatment plant, water-supply plant, or air-pollution-control facility. The law does not include household waste, but it does include waste generated by dry cleaners, auto repair shops, hospitals, exterminators, photo-processing centers, chemical manufacturers, electroplating companies, and petroleum refineries, as well as any other businesses that generate solid waste.

Those who handle solid waste must have an RCRA site identification number if they handle 100 kilograms (220 pounds) per month or accumulate more than 1,000 kilograms (2,200 pounds) of dangerous waste at any one time. RCRA sites are classified in a three-tiered system based on their waste accumulation: Very Small Quantity Generators (VSQGs), Small Quantity Generators (SQGs), and Large Quantity Generators (LQGs). Owners and operators of these sites must report each year on their waste management activities. Public participation in reporting is encouraged, and anyone can bring a suit in a federal district court to report anyone who is violating the act.

Hazardous waste is a specific type of solid waste, defined in RCRA as anything that is ignitable (burns readily), corrosive, reactive (explosive), or toxic. Hazardous wastes take many physical forms and may be solid, semisolid, or liquid. These wastes can be damaging to the eyes, the skin, and the tissue under the skin, and they may be poisonous when ingested or inhaled. When hazardous wastes are improperly treated, stored, transported, or disposed of, or otherwise mismanaged, they can pose a substantial hazard to the environment. Before the passage of RCRA, some thought that US law allowed the use of hazardous wastes as fertilizer. Hazardous wastes were sometimes mixed with other fertilizing materials to lessen the wastes’ potency, and the resulting mixes were thought to be safe for growing crops. RCRA expressly ended this method of disposal.

Regulatory Aspects of the Law

RCRA regulates commercial businesses as well as federal, state, and local government facilities that generate, transport, transfer, treat, store, recycle, or dispose of hazardous wastes. Owners and operators of municipal solid waste landfills must keep track of these wastes from the moment they are generated until their ultimate disposal or destruction. Generators of toxic substances must maintain thorough records and must clearly label and use appropriate containers for the wastes they generate. RCRA also requires them to have waste minimization programs in place.

RCRA requires all waste treatment, storage, and disposal facilities to meet certain standards for the location, design, and construction of the facilities and for their operating methods and practices. Groundwater monitoring is required on an ongoing basis, and the act also calls for federal or state inspection of all treatment, storage, and disposal facilities at least every two years. Failure to comply with these regulations carries a penalty of a fine of $25,000 per day of noncompliance, one year in prison, or both.

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