74
Environmental and Health
TABLE 3 (continued)
RCRA AND CERCLA COMPARISON
RCRA
CERCLA
Purpose:
Regulated material includes hazardous
waste, and all listed and designated wastes
per 40 C.F.R. part 261.
Purpose:
Regulated material includes substances
designated in the following sections:
Federal Water Pollution Control Act
33 U.S.C. §1321(b)(2)(A)
40 C.F.R. part 261
33 U.S.C. §1317(a) (FWPCA)
42 U.S.C. §7412 (CAA)
15 U.S.C. §2606 (TSCA)
42 U.S.C. §9602 (CERCLA), which
allows EPA to designate any element, com-
pound, mixture, solution or substance as a
hazardous substance.
HSWA subtitle I grants EPA the authority to regulate USTs,
including registration, and establishing technical performance standards.
EPA implemented the UST registration program and enjoined anyone
from installing unprotected USTs in 1984, under 42 U.S.C. § 6991a
(HSWA). However, the program was not enforced until 1986. EPA
proposed technical performance standards for USTs in April 1987.
52
Fed. Reg.
12662.
Interim technical performance standards dictate
design, construction, installation, and release detection; EPA issued final
technical performance standards in September
1988.
53
Fed. Reg.
37082. Notification became mandatory as of October 1988. Anyone
selling an UST on or after October, 1988, must notify the purchaser.
40
C.F.R.
§ 280.22.
USTs containing radioactive wastes and materials are regulated by 40
C.F.R. part 280 subpart A, and the corrective action provisions of
40 C.F.R. part 280 subpart F, only.
Field-constructed tanks, including underground bulk storage tanks,
must comply only with 40 C.F.R. part 280 subparts A and F.
Fieldconstructed tanks are vertical cylinders with a capacity of greater
than 50,000 gallons.
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