Virtually every consumer product we purchase creates some type of hazardous waste during its production. In fact, American industry creates 280 million tons of hazardous waste every year. That's six drums of waste material per every man, woman and child. Congress directed the Environment Protection Agency to establish regulations for the handling and management of these toxic wastes.

What Laws Govern The Handling, Disposal and Treatment of Hazardous Wastes?

Two federal statutes, the Comprehensive Environmental Response, Compensation and Liability Act, better known as Superfund, and the Resource Conservation and Recovery Act govern the handling, treatment and disposal of hazardous wastes.

Superfund requires those companies responsible for past disposal of hazardous waste to clean up the contamination to protect public health and the environment. Over 1300 sites in the United States are classified as Superfund sites. The ETC concentrates on Superfund issues that concern technologies for the clean up of the waste--often called the remedy issues. Superfund has a preference for treatment that achieves permanent solutions to provide long-term protection. In the legistrative debates over possible changes to the Superfund law, the ETC has supported retaining this stationary preference for treatment of wastes to assure permanent solutions.

The Resource Conservation and Recovery Act (RCRA), has established a national program for the proper management of hazardous waste from "cradle to grave." RCRA required the cleanup of old dumps, modernized landfills and incinerators, and made American business better aware of improved recycling, treatment and disposal practices. Congress enacted important amendments in 1984 which require EPA to assure that land disposal practices, particularly the disposal of hazardous chemicals, would not threaten the nation's valuable groundwater and surface water resources or threaten the air we breathe. ETC-member companies operate under the strict requirements of RCRA and comparable state laws. ETC supports strong implementation of our nation's environmental laws so that our neighbors will know that our important and critical environmental work is an asset to the community.

RCRA includes three distinct programs:

Subtitle C: hazardous waste. EPA is required to identify hazardous wastes that threaten human health and the environment based on potential risk, and to enforce tracking and proper management of these chemicals from “cradle to grave” to protect public health and the environment. Household hazardous waste is not covered, however.

Subtitle D: solid waste (household garbage and nonhazardous industrial wastes)

Subtitle I: underground storage tanks

How Has The Law Worked?

Thanks to RCRA, Americans, no matter where they live, are assured a baseline level of federal protection against exposure to hazardous waste. Irresponsible waste generators can no longer legally "walk away" from a contaminated site, and chemicals regulated under RCRA are managed from "cradle to grave." A commercial hazardous waste management industry has developed to respond to the strict standards RCRA mandates. This industry treats and disposes of the hazardous wastes listed under RCRA, using the most sophisticated technologies. It is one of the most highly regulated industries in the country.

RCRA has been a tremendous success. It has helped prevent the release of dangerous chemicals into our environment and neighborhoods along with preventing the creation of new Superfund Sites. Facilities lacking the technology to manage wastes properly under RCRA standards have closed, thereby redirecting hazardous wastes to facilities that have the advanced technology necessary to treat and dispose of wastes safely and efficiently. The amount of hazardous waste managed through recovery and recycling has more than doubled since 1989.And, the volume of hazardous waste generated has fallen as well: 47 million fewer tons of hazardous waste were generated in 1997 compared to 1991

RCRA is one of the government's most successful environmental programs. Right now, RCRA regulates many specific hazardous wastes streams and wastes that are irrigatable, corrosive, reactive or toxic. These wastes are subject to strict treatment requirements and requirements. However, there is much room for improvement. For example, wastes that are "toxic" are limited under RCRA to only a small number of toxic chemicals. Many wastes that contain high levels of toxic metal and organic constituents are not being appropriately regulated.

What the law misses