Two significant federal environmental laws that control hazardous waste management and cleanup in the US are the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Although there are certain parallels between the two laws, there are also substantial distinctions that make both required for effective environmental protection.
In order to manage hazardous waste sites and spills that were abandoned or uncontrolled, CERCLA, better known as Superfund, was adopted in 1980. The law granted the Environmental Protection Agency (EPA) the power to find those guilty for the contamination and hold them accountable for the costs of cleanup. It also established a trust fund to subsidize the cleanup of contaminated areas. The National Priorities List (NPL), which was created under CERCLA, identifies the worst unmanaged or abandoned hazardous waste sites in the nation and directs the EPA’s cleanup priorities.
RCRA, on the other hand, which was passed into law in 1976, controls the production, transportation, handling, storage, and disposal of hazardous waste from inception to final disposition. To prevent releases and safeguard the environment and human health, the legislation mandates that facilities that produce hazardous waste acquire permits and follow stringent management criteria. Additionally, RCRA fosters the development of waste management techniques that are environmentally friendly.
Although the management and cleanup of hazardous waste is covered by both CERCLA and RCRA, there are significant variations between the two statutes. RCRA is more concerned with preventing contamination from happening in the first place, while CERCLA is more concerned with dealing with contaminated sites. Additionally, RCRA covers all hazardous waste produced by facilities, but CERCLA only applies to abandoned or unmanaged sites. RCRA only governs wastes that are specifically specified or show hazardous characteristics, but CERCLA has a broader definition of hazardous chemicals.
Regarding the associated queries, Superfund is a component of CERCLA, not RCRA. The Synthetic Precipitation Leaching Procedure (SPLP) simulates the leaching of contaminants from solid waste in a landfill, whereas the Toxicity Characteristic Leaching Procedure (TCLP) measures the concentration of specific toxic chemicals that may leach out of the waste in a landfill to determine whether a waste is hazardous. In 1990, the TCLP test took the place of the Extraction Procedure (EP) test as the accepted technique for figuring out how dangerous hazardous waste is. The TCLP and other methods for assessing hazardous waste are included in the EPA’s guidebook for waste testing methods, which is another referenced in SW-846.
In conclusion, while both CERCLA and RCRA govern the management and cleanup of hazardous waste, they have diverse objectives and work best together to offer all-encompassing environmental protection. While RCRA focuses on preventing contamination and supporting ecologically sound waste management practices, CERCLA offers the tools to remediate abandoned or uncontrolled hazardous waste sites and incidents. Together, these rules assist safeguard the environment and public health from the dangers posed by hazardous waste.