70
Environmental and Health
has established a complex set of six different thresholds for 360 EHS,
ranging from 1 lb to
10,000 pounds. EPA regulations also require
thresholds for any mixture containing EHS to be set individually, based
on the percentage of EHS in the mixture (if above one percent for most
EHS). The owner or operator of a facility subject to these requirements
must notify the SERC within 60 days of becoming subject to the
requirements. The owner or operator must also designate a
representative to participate in the local emergency planning process as
a facility emergency response coordinator; within 30 days of
establishment of an LEPC, the owner or operator must notify the LEPC of
the existence of the facility. The facility owner or operator must
provide information necessary for developing and implementing the
emergency plan upon request from the LEPC.
The Resource Conservation Recovery Act
The Resource Conservation and Recovery Act (RCRA), 42 U.S.C.
§§
6901-6992k, provides the basic framework for
federal regulation of
hazardous waste. RCRA controls the generation, transportation,
treatment, storage and disposal of hazardous waste through a
comprehensive "cradle to grave" system of hazardous waste
management techniques and requirements.
RCRA [Pub. L. No. 94-580, 90 Stat. 2795 (1976)] was adopted in
1976 as a revision and expansion of the Solid Waste Disposal Act
(SWDA) of 1965 which, until then, had focused on disposal of municipal
solid wastes. RCRA introduced a detailed nationwide program for
management of hazardous wastes. Subsequent amendments, most
notably the 1980 Solid Waste Disposal Act Amendments [Pub. L. No.
96-463,
90 Stat.
1982
(1976)] and the Hazardous and Solid Waste
Amendments of 1984 (HSWA), have refined this regulatory framework
and introduced new substantive requirements. RCRA is administered
nationally by the United States Environmental Protection Agency (EPA),
with major components of the law delegated to the states for ongoing
implementation.
RCRA contains the official definition of hazardous waste; certain
solid wastes are exempted under 40 C.F.R.
§ 261.4 and include the
following:
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