Proper waste management is an essential part of society’s public and environmental health. The federal Resource Conservation and Recovery Act (RCRA), passed in 1976, created the framework for America’s hazardous and nonhazardous waste management programs.
Materials regulated by RCRA are known as solid wastes. Only materials that meet the definition of solid waste under RCRA can be classified as hazardous wastes, which are subject to additional regulation.
The Environmental Protection Agency (EPA) developed detailed regulations that define what materials qualify as solid wastes and hazardous wastes. Understanding the definition of a solid waste is an important first step in the process the EPA set up for generators of hazardous waste to follow when determining if the waste they generated is a regulated hazardous waste.
Some of the materials that would otherwise fit the definitions of a solid or hazardous waste under are specifically excluded from the definitions. The EPA concluded that these materials should not be regulated as solid or hazardous wastes for a number of reasons. Many exclusions are mandated in RCRA.
The EPA selected other exclusions to provide an incentive to recycle certain materials, because there was not enough information on the material to justify its regulation as a solid or hazardous waste, or because the material was already subject to regulation under another statute.
In addition to federal laws and regulations, states may have their own laws and regulations—and they may be more stringent than the federal laws and regulations.
What is a Solid Waste?
RCRA states that solid waste means any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, resulting from industrial, commercial, mining, and agricultural operations, and from community activities. Nearly everything we do leaves behind some kind of waste.
It is important to note that the definition of solid waste is not limited to wastes that are physically solid. Many solid wastes are liquid, semi-solid, or contained gaseous material.
A solid waste is any material that is discarded by being:
• Abandoned: The term abandoned means thrown away. A material is abandoned if it is disposed of, burned, incinerated, or sham recycled.
• Inherently Waste-Like: Some materials pose such a threat to human health and the environment that they are always considered solid wastes; these materials are considered to be inherently waste-like. Examples of inherently waste-like materials include certain dioxin-containing wastes.
• A Discarded Military Munition: Military munitions are all ammunition products and components produced for or used by the U.S. Department of Defense (DOD) or U.S. Armed Services for national defense and security. Unused or defective munitions are solid wastes when:
o abandoned (i.e., disposed of, burned, incinerated) or treated prior to disposal;
o rendered nonrecyclable or nonusable through deterioration; or
o declared a waste by an authorized military official. Used (fired or detonated) munitions may also be solid wastes if collected for storage, recycling, treatment, or disposal.
• Recycled in Certain Ways: A material is recycled if it is used or reused (for example, as an ingredient in a process), reclaimed, or used in certain ways—used in or on the land in a manner constituting disposal, burned for energy recovery, or accumulated speculatively. Specific exclusions to the definition of solid waste are listed in the Code of Federal Regulations (CFR) at 40 CFR §261.4(a). Many of these exclusions are related to recycling.
Wastes Excluded from Solid Waste Regulation
Materials that do not meet the definition of solid waste are not subject to RCRA regulation. Several materials are excluded from the definition of solid waste. These materials are excluded for a variety of reasons, including public policy, economic impacts, regulation by other laws, lack of data, or impracticability of regulating the waste. The decision to exclude the materials from the solid waste definition is a result of either Congressional action (embodied in the statute) or an EPA rulemaking.
A material cannot be a hazardous waste if it does not meet the definition of solid waste. Thus, wastes that are excluded from the definition of solid waste are not subject to RCRA hazardous waste regulation.
How Does RCRA Work?
The public plays a key role in RCRA by providing input and comments during almost every stage of the program’s development and implementation—through rulemaking participation and comments on treatment, storage, and disposal facility permits.
RCRA establishes the framework for a national system of solid waste control. Subtitle D of the Act is dedicated to nonhazardous solid waste requirements, and Subtitle C focuses on hazardous solid waste. Solid waste includes solids, liquids, and gases and must be discarded to be considered waste.
Congress has amended RCRA several times, which requires the President’s signature to become law. The EPA translates this direction into operating programs by developing regulations, guidance, and policy.
States play the lead role in implementing nonhazardous waste programs under RCRA. The EPA has developed regulations to set minimum national technical standards for how disposal facilities should be designed and operated. States issue permits to ensure compliance with EPA and state regulations.
The regulated community is comprised of a large, diverse group that must understand and comply with RCRA regulations. These groups can include hazardous waste generators, government agencies and small businesses, and gas stations with underground petroleum tanks.
Nonhazardous Waste
Nonhazardous solid waste is regulated under Subtitle D of RCRA. Regulations established under Subtitle D ban open dumping of waste and set minimum federal criteria for the operation of municipal waste and industrial waste landfills—including design criteria, location restrictions, financial assurance, corrective action (cleanup), and closure requirements.
States play a lead role in implementing these regulations and may set more stringent requirements. In the absence of an approved state program, the federal requirements must be met by waste facilities.
Hazardous Waste
Hazardous waste is regulated under Subtitle C of RCRA. The EPA has developed a comprehensive program to ensure that hazardous waste is managed safely from the moment it is generated to its final disposal (cradle-to-grave). Under Subtitle C, the EPA may authorize states to implement key provisions of hazardous waste requirements in lieu of the federal government. If a state program does not exist, the EPA directly implements the hazardous waste requirements in that state.
Subtitle C regulations set criteria for hazardous waste generators, transporters, and treatment, storage, and disposal facilities. This includes permitting requirements, enforcement and corrective action, or cleanup.
RCRA Today
The EPA has largely focused on building the hazardous and municipal solid waste programs and fostering a strong societal commitment to recycling and pollution prevention. Ensuring responsible waste management practices is a far-reaching and challenging task that engages the EPA headquarters, regions, state agencies, tribes and local governments, as well as everyone who generates waste.
It is important to look at the RCRA program’s nationwide accomplishments to understand where it is now and where it is headed in the future:
• Developing a comprehensive system and federal/state infrastructure to manage hazardous waste from cradle-to-grave
• Establishing the framework for states to implement effective municipal solid waste and nonhazardous secondary material management programs
• Preventing contamination from adversely impacting our communities and resulting in future Superfund sites
• Restoring 18 million acres of contaminated lands, nearly equal to the size of South Carolina, and making the land ready for productive reuse through the RCRA Corrective Action program
• Creating partnership and award programs to encourage companies to modify manufacturing practices in which to generate less waste and reuse materials safely
• Enhancing perceptions of wastes as valuable commodities that can be part of new products through its sustainable materials management efforts
• Bolstering the nation’s recycling infrastructure and increasing the municipal solid waste (MSW) recycling/composting rate from less than seven percent to about 32.1 percent (as of 2018).
The RCRA program has evolved in response to changes in waste generation and management aspects that could not have been foreseen when the program was first put in place. The RCRA program is needed to address continuing challenges, including the following:
• Highly toxic waste
• Wastes from increasingly efficient air and water pollution control devices
• Population growth that places larger demands on our natural resources
• Long term stewardship of facilities that closed with waste in place
Looking toward the future, it is important for the RCRA program to continue to fulfill its mission by:
• Continuing to safeguard communities and the environment
• Mitigating and cleaning up contamination
• Championing sustainable, lifecycle waste and material management approaches
• Promoting economic development (including job creation) and community well being
• Embracing technological advances that will facilitate commerce and enhance stakeholders’ participation in the decisions affecting their communities
In Texas, proper waste management is governed by both federal and state regulations. The federal Resource Conservation and Recovery Act (RCRA) provides the framework for managing hazardous and nonhazardous waste, defining solid waste as any discarded material, which can be liquid, semi-solid, or gaseous. Materials classified as solid waste under RCRA may be further regulated as hazardous waste. The Environmental Protection Agency (EPA) sets detailed regulations for what constitutes solid and hazardous waste, with certain materials excluded from these definitions for various reasons, such as incentives for recycling or regulation under other statutes. Texas may implement its own waste management laws, which can be more stringent than federal regulations. Nonhazardous waste is regulated under Subtitle D of RCRA, with states leading the implementation of these regulations, while hazardous waste is regulated under Subtitle C, where the EPA may authorize states to manage hazardous waste programs. Texas is responsible for ensuring compliance with both EPA and state regulations, and may issue permits for waste facilities. The RCRA program has evolved to address new waste management challenges and aims to continue safeguarding communities and the environment, promoting sustainable waste management practices, and embracing technological advances.
