Waste management is an integral part of pollution control. Minimization of waste implies maximization of resource value. Recognizing this concept, Congress adopted the Resource Conservation and Recovery Act (RCRA) in 1976. Passage of RCRA means that hazardous waste needs to be tracked and managed from the point of generation to its ultimate fate in the environment.
In 1980, the federal government felt that it was necessary to intervene and fund a site with hazardous releases to the environment and passed the Comprehensive Environmetal Response, Compensation, and Liability Act (CERCLA). The Act is comprised of both short-term removal actions and longer-term remedial actions. Created as part of this was the Hazardous Substances Response Trust Fund, or Superfund, intended to cover costs incurred by EPA, and to recover costs from potentially responsible parties.
RCRA (pronounced "rick-rah") gave EPA the authority to control hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous wastes.
The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. RCRA focuses only on active and future facilities and does not address abandoned or historical sites (see CERCLA).
HSWA (pronounced "hiss-wa")—The Federal Hazardous and Solid Waste Amendments are the 1984 amendments to RCRA that required phasing out land disposal of hazardous waste. Some of the other mandates of this strict law include increased enforcement authority for EPA, more stringent hazardous waste management standards, and a comprehensive underground storage tank program.
CERCLA (pronounced SIR-cla) provides a Federal “Superfund” to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment. Through the Act, EPA was given power to seek out those parties responsible for any release and assure their cooperation in the cleanup.
EPA cleans up orphan sites when potentially responsible parties cannot be identified or located, or when they fail to act. Through various enforcement tools, EPA obtains private party cleanup through orders, consent decrees, and other small party settlements. EPA also recovers costs from financially viable individuals and companies once a response action has been completed.
EPA is authorized to implement the Act in all 50 states and U.S. territories. Superfund site identification, monitoring, and response activities in states are coordinated through the state environmental protection or waste management agencies. In Region 5, CERCLA is administered by the Superfund Division.
The Superfund Amendments and Reauthorization Act of 1986 reauthorized CERCLA to continue cleanup activities around the country. Several site-specific amendments, definitions clarifications, and technical requirements were added to the legislation, including additional enforcement authorities.
Title III of SARA also authorized the Emergency Planning and Community Right-to-Know Act (EPCRA).
In Region 5, SARA is administered by the Superfund Division.
Source: Based on information provided by the Environmental Protection Agency
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