Resource Conservation and Recovery Act

The Resource Conservation and Recovery Act (RCRA) (1976) is contained in 42 U.S.C.A., §321. It is usually pronounced as "Wreck-rah."

US EPA states that RCRA’s goals are to protect the public harm caused by waste disposal, encourage reuse, reduction, and recycling, and to clean up spilled or improperly stored wastes. The US EPA Office of Solid Waste exists to regulate waste under RCRA from “cradle-to-grave.” Similar to CAA, RCRA allows the OSW to delegate responsibility for certain wastes to the state level. All but 3 states have accepted full responsibility for RCRA enforcement and receive financial support for doing so.

RCRA was enacted in 1976 to create the “cradle-to-grave” management system just mentioned. It is actually an amendment of the earlier Solid Waste Disposal Act of 1965. In 1984 the Hazardous and Solid Wastes Amendments (HSWA) were added to the Act and in 1986 the law was expanded to regulate underground storage tanks and other leaking waste storage facilities. However, unlike CERCLA (aka. Superfund), RCRA only regulates active and not historical sites.

Primarily RCRA serves to define hazardous wastes and to provide provisions for the recording and record keeping necessary to keep track of such wastes. This is accomplished through the use of a manifest system called Biennial Reporting System (BRS) reports which companies file every 2 years with EPA or their local state agency. RCRA also covers TSD’s or Treatment, Storage, and Disposal facilities and provides the provisions for permitting such facilities. RCRA includes significant enforcement legislation including the ability to pursue criminal prosecution and large fines.