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Managing Facilities, Due Diligence and Facility Transfers

73



TABLE 3

RCRA AND

CERCLA COMPARISON

RCRA

CERCLA

Purpose:

Purpose:


To regulate all applicable hazardous waste

To perform remedial action on NPL sites.

management activities.


To protect human health and the

To protect human health and the

environment.

environment.


Enacted to regulate hazardous waste

Aimed at hazardous waste generators,

generators, transporters, and TSD facility

transporters, and TSD facility operators.

operators.


Only specified TSD components can be

Aimed at any threat to human health and

regulated. These are:


• Containers.

• Incinerators.

• Landfills.

• Land Treatment Units.

• Surface Impoundments.

• Tanks.

• Waste Piles.


HSWA also regulates solid waste units on

TSD facilities.

Incinerator operation is subject to minimum

acceptable performance standards.

Cost effectiveness is not a consideration

under this program.

the environment due to release of hazardous

substances.











Standards are interpretative, health based,

and set on a case-by-case basis.


According to 42 U.S.C. § 9604(c) 

(CERCLA), remedial actions must be cost

effective. 











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