1. ARE 309Ted Feitshans010-1 Unit 10 Hazardous Waste Management Resource Conservation Recovery Act (RCRA)

2. ARE 309Ted Feitshans010-2 CERCLA & RCRA Compared CERCLA –Abandoned hazardous waste –Philosophy - remediation RCRA –Current hazardous waste production –Philosophy - management

3. ARE 309Ted Feitshans010-3 Hazardous waste defined Must be waste –Intermediate product exclusion Must be hazardous –Ignitability –Corrosivity –Reactivity –Toxicity

4. ARE 309Ted Feitshans010-4 Hazardous waste defined (cont.) Listed chemicals (e.g., asbestos) Exclusions –Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil or natural gas or geothermal energy –de minimus quantities

5. ARE 309Ted Feitshans010-5 RCRA paperwork “cradle to grave” accounting manifests Licensed hazardous waste landfills Financial responsibility Export regulated

6. ARE 309Ted Feitshans010-6 State programs/Citizen suits State programs encouraged Citizen suits –Notice to: EPA State Alleged violator

7. ARE 309Ted Feitshans010-7 Citizen Suits –May not bring if: EPA or state acts Violation not continuous CERCLA action pending –Costs and attorney fees

8. ARE 309Ted Feitshans010-8 Citizen Suits - Policy Why authorize? Why not allowed if pending regulatory action? –Interference –Waste of judicial resources Why continuous violations only? CERCLA - RCRA gap for private litigants

9. ARE 309Ted Feitshans010-9 Other Policy Issues Exclusion of materials not waste –Boiler fuel and fertilizer –< 100 kg per year Impact on sanitary landfills