It has six objectives:
Making land disposal of wastes safer
By imposing more costs on regular landfill disposal, RCRA hopes to encourage firms to
develop cheaper ways of adequately dealing with solid waste.
By increasing cost of waste disposal, firms have better incentive not to generate the
waste in the first place.
Minimize direct regulation of American production processes.
This was purposely meant to be outside
of RCRA’s reach.
But not sham recycling!!!
state responsibility for
RCRA divides the world into hazardous waste
and non-hazardous waste
(subtitle D). Within C,
there are three types of firms that are subject to stuff: generators, transporters, and TSD’s (treatment, storage,
disposal facilities). TSD status is most onerous.
must: determine if their wastes are hazardous. If yes, those accumulating more than 100 kilos a
year are subject to subtitle C. They must obtain ID number. Must use the manifest.
must: use manifest, mark and label their shipments of hazardous waste, must comply with
must: obtain a permit from EPA. [read details. Sounds onerous!] New units and expansions and
replacement stuff must be approved. Must have closure plans. Financial resources sufficient to … (All this on
EPA cannot regulate “spent” materials that are being stored for future recycling at the same plant.
American Mining Congress v. EPA
(DC Cir., 1987, pg 331): Ct says it’s a
case, they focus on
definition of waste that says “and other discarded material.” Here, they say, it’s not discarded. It’s gonna be
Dissent by Mikva says that the definition EPA uses is functional. Whether the thing is “waste” is
supposed to depend on the risks it poses to the env. Whether the manufacturer plans to reuse the
material shouldn’t matter, if the way it is currently stored poses risk to env.
What makes a waste “hazardous”?
By being one of the “listed wastes.”
a listed waste.
a listed waste.
By being a “characteristic waste,” which is a waste that exhibits one of four characteristics: ignitibility,
corrosivity, reactivity, and toxicity.
But you can mix these, and derive from them!!! And if you can do so to the point that they stop
exhibiting the bad characteristic, you’re out of subtitle C!!!
TSD status is apparently really onerous.
For evidence of this, see what Stoll wrote, about manufacturers that have
some nice schemes to save money but they get “glum” cuz they think it’s gonna trigger TSD.