
Environmental Encyclopedia 3
Resource Conservation and Recovery Act
are legal mechanisms that define how a statute’s broad policy
directives are to be implemented. RCRA regulations have
been developed by the EPA, covering a range of topics from
guidelines for state solid waste plans to a framework for the
hazardous waste permit program.
RCRA regulations are published according to an es-
tablished process. When a regulation is proposed it is pub-
lished in the Federal Register. It is usually first published as
a proposed regulation, allowing the public to comment on
it for a period of time—normally 30 to 60 days. Included
with the proposed regulation is a discussion of the Agency’s
rationale for the regulatory approach and an explanation, or
preamble, of the technical basis for the proposed regulation.
Following the comment period, EPA evaluates public com-
ments. In addressing the comments, the EPA usually revises
the proposed regulation. The final regulation is published
in the Federal Register ("promulgated"). Regulations are
compiled annually and bound in the Code of Federal Regula-
tions (CFR) according to a highly structured format. The
codified RCRA regulations can be found in Title 40 of the
CFLRL, Parts 240-280; regulations are often cited as 40
CAR.
Although the relationship between an Act and its reg-
ulations is the norm, the relationship between HSWA and
its regulations differs. HSWA is unusual in that Congress
placed explicit requirements in the statute in addition to
instructing the EPA in general language to develop regula-
tions. Many of these requirements are so specific that the
EPA incorporated them directly into the regulations.
HSWA is all the more significant because of the ambitious
schedules that Congress established to implement the Act’s
provisions. Another unique aspect of HSWA is that it estab-
lishes “hammer” provisions—statutory requirements that go
into effect automatically as regulations if EPA fails to issue
these regulations by certain dates. EPA further clarifies its
regulations through guidance documents and policy.
The EPA issues guidance documents primarily to
elaborate and provide direction for implementing the regula-
tions—essentially they explain how to do something. For
example, the regulations in 40 CAR Part 270 detail what is
required in a permit application for a hazardous management
facility. The guidance for this part gives instructions on
how to evaluate a permit application to see if everything is
included. Guidance documents also provide the Agency’s
interpretations of the Act.
Policy statements, however, specify operating proce-
dures that should be followed. They are a mechanism used
by EPA program offices to outline the manner in which
pieces of the RCRA program are to be carried out. In most
cases, policy statements are addressed to staff working on
implementation. Many guidance and policy documents have
been developed to aid in implementing the RCRA Program.
1199
To find out what documents are available, the Office of
Solid Waste’s Directives System lists all RCRA-related pol-
icy guidance and memoranda and identifies where they can
be obtained.
RCRA works as follows: Subtitle D of the Act encour-
ages States to develop and implement solid waste manage-
ment plans. These plans are intended to promote
recycling
of solid wastes and require closing or upgrading of all envi-
ronmentally unsound dumps. Due to increasing volumes,
solid waste management has become a key issue facing many
localities and states. Recognizing this, Congress directed the
EPA in HSWA to take an active role with the states in
solving the difficult problem of solid waste management.
The EPA has been in the process of revising the standards
that apply to
municipal solid waste
landfills. Current with
the revision of these standards, the EPA formed a task force
to analyze solid waste source reduction and recycling options.
The revised solid waste standards, together with the task
force findings, form the basis for the EPA’s development
of strategies to better regulate municipal solid waste man-
agement.
Subtitle C establishes a program to manage hazardous
wastes from “cradle-to-grave.” The objective of the C pro-
gram is to ensure that hazardous waste is handled in a manner
that protects human health and the environment. To this
end, there are Subtitle C regulations regarding the genera-
tion,
transportation
and treatment, storage, or disposal of
hazardous wastes. In practical terms, this means regulating
a large number of hazardous waste handlers. As of June,
1989, the EPA had on record more than 7,000 treatment,
storage and disposal facilities; 17,000 transporters; and about
180,000 large and small quantity generators. By February,
1992, that number had increased substantially (43,000 treat-
ment, storage, and disposal facilities; 19,700 transporters;
238,000 large and small quantity generators).
The Subtitle C program has resulted in perhaps the
most comprehensive regulations the EPA has ever devel-
oped. They first identify those solid wastes that are “hazard-
ous” and then establish various administrative requirements
for the three categories of hazardous waste handlers: genera-
tors, transporters and owners or operators of treatment, stor-
age and disposal facilities (TSDFs). In addition, Subtitle C
regulations set technical standards for the design and safe
operation of TSDFs. These standards are designed to mini-
mize the release of hazardous waste into the environment.
Furthermore, the regulations for TSDFs serve as the basis for
developing and using the permits required for each facility.
Issuing permits is essential to making the Subtitle C regula-
tory program work, since it is through the permitting process
that the EPA or a State actually applies the technical stan-
dards to facilities.