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Unit 10 Hazardous Waste Management

Unit 10 Hazardous Waste Management. Resource Conservation Recovery Act (RCRA). CERCLA & RCRA Compared. CERCLA Abandoned hazardous waste Philosophy - remediation RCRA Current hazardous waste production Philosophy - management. Hazardous waste defined. Must be waste

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Unit 10 Hazardous Waste Management

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  1. Unit 10 Hazardous Waste Management Resource Conservation Recovery Act (RCRA)

  2. CERCLA & RCRA Compared • CERCLA • Abandoned hazardous waste • Philosophy - remediation • RCRA • Current hazardous waste production • Philosophy - management

  3. Hazardous waste defined • Must be waste • Intermediate product exclusion • Must be hazardous • Ignitability • Corrosivity • Reactivity • Toxicity

  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. RCRA paperwork • “cradle to grave” accounting • manifests • Licensed hazardous waste landfills • Financial responsibility • Export regulated

  6. State programs/Citizen suits • State programs encouraged • Citizen suits • Notice to: • EPA • State • Alleged violator

  7. Citizen Suits • May not bring if: • EPA or state acts • Violation not continuous • CERCLA action pending • Costs and attorney fees

  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. Other Policy Issues • Exclusion of materials not waste • Boiler fuel and fertilizer • < 100 kg per year • Impact on sanitary landfills

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