RCRA - Quiz 1 Answered 100% Correct
RCRA - ANSWER-Resource conservation and recovery act
What is the main function of RCRA? - ANSWER-to regulate SOLID waste
RCRA accomplishes four basic goals: - ANSWER-(1) Creates definitions to determine the classes of wastes under its authority
(2) Creates a tracking system for hazardous waste (cradel-to-grave) (3) Establishes handling standards for the waste from igeneration to disposals
(4) Provides authority for mandatory cleanup of polluted TSDFs
Defining Solid Waste - ANSWER-Solid doesn't mean solid, just as navigable doesn't mean navigable.. Book: "the term solid however, is far broader than everyday usage, and covers virtually every form of matter except un-contained gasses."
How does RCRA define "solid waste?" - ANSWER-"any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations from community
activity"
List the exemptions of waste from RCRA that would otherwise be categorized as solid waste? - ANSWER-Doesn't cover wastes regulated by other statutes:
(a) POTW
(b) Wastewater discharges regulated under CWA
(c) Mining wastes
(d) Nuclear wastes
(e) Municipal garbage that may contain small amounts of hazardous waste materials
(f) Irrigation return flows
How is recycled material handled under RCRA? - ANSWER-Consider American Mining Crongress vs. EPA and American Petroleum Institue vs. EPA and "Sham recycling" "How to create regulations that define solid waste in a manner that can be meaningfully applied and enforced, that encourage recycling and that prevent dangerous or sham recycling?"
American Mining Congress v. EPA (AMC I) - ANSWER-AMC argued that waste produced in its manufacturing process should not be considered solid waste if they would later be used agin in the process
(a) Arguing that the materials were not being "discarded" but rather recycled instead. (b) DC circuit agreed with AMC that waste should not be considered discarded if would later be used in ongoing manufacturing process as "the materials had 'not yet become part of the waste disposal problem; rather, they are destined for beneficial reuse or recycling in a continuous process by the generating industry itself" (c) Summary -- overarching goal of RCRA is environmental protection though recycling is "A goal" of RCRA. (d) If there is potential for the was material to cause environmental harm by spilling or leaking even if it is eventually going to be recycled, EPA should still be able to regulate it as a solid waste
American Mining Congress v. EPA (AMC II) - ANSWER-(a) AMC --> sludge stored in holding pond should not be considered RCRA solid waste b/c it's held for potential re-
use (despite that in the meantime the wastes might overflow or leak into other bodies of water). (b) The court stated: recycling exemption only applies to wastes that are safely stored for immediate re-use in and on-going process. **Immediate = 90 days
**"On-going process = same process (e.g. closed-loop recycling)
American Petroleum Institute v. EPA - ANSWER-(a) Building on AMC, API argues that byproducts of a manufacturing process should not be considered solid waste once they arrive at a reclamation facility for recycling. (b) Court declared -- once waste arrives at a reclamation facility it remains solid waste b/c it has already become part of the waste disposal problem, even if it undergoes the exact same process it would have undergone at the original facility. (c) In other words the materials cannot shed their label of solid waste once they enter the waste stream even if they clearly will be recycled.
What is "sham" recycling? - ANSWER-As a result of AMC vs. EPA (AMC I) created an incentive not only for real recycling, but for "sham recycling," as well, stating you would re-use the materials in the manufacturing process, but really just store them on-site indefinitely to avoid the cost of disposal
What is closed-loop recycling? - ANSWER-has it already entered the waste stream? If your waste has to go somewhere then RCRA applies. ** recycled byproducts are not considered solid waste if stored safely & used within 90 days in the same process.
Subtitle C covers what type of waste? - ANSWER-solid waste AND hazardous waste Regulates the treatment and disposal of hazardous waste
b/c subtitle C make it expensive to dispose of hazardous waste, much of RCRA legal history = industry attempts to escape/avoid having waste considered hazardous ..
Subtitle D covers what type of waste? - ANSWER-Regulates the disposal of solid waste
What are the two categories of hazardous waste created by RCRA? - ANSWER-Listed Wastes: Characteristic wastes:
RCRA - ANSWER-Resource conservation and recovery act
What is the main function of RCRA? - ANSWER-to regulate SOLID waste
RCRA accomplishes four basic goals: - ANSWER-(1) Creates definitions to determine the classes of wastes under its authority
(2) Creates a tracking system for hazardous waste (cradel-to-grave) (3) Establishes handling standards for the waste from igeneration to disposals
(4) Provides authority for mandatory cleanup of polluted TSDFs
Defining Solid Waste - ANSWER-Solid doesn't mean solid, just as navigable doesn't mean navigable.. Book: "the term solid however, is far broader than everyday usage, and covers virtually every form of matter except un-contained gasses."
How does RCRA define "solid waste?" - ANSWER-"any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations from community
activity"
List the exemptions of waste from RCRA that would otherwise be categorized as solid waste? - ANSWER-Doesn't cover wastes regulated by other statutes:
(a) POTW
(b) Wastewater discharges regulated under CWA
(c) Mining wastes
(d) Nuclear wastes
(e) Municipal garbage that may contain small amounts of hazardous waste materials
(f) Irrigation return flows
How is recycled material handled under RCRA? - ANSWER-Consider American Mining Crongress vs. EPA and American Petroleum Institue vs. EPA and "Sham recycling" "How to create regulations that define solid waste in a manner that can be meaningfully applied and enforced, that encourage recycling and that prevent dangerous or sham recycling?"
American Mining Congress v. EPA (AMC I) - ANSWER-AMC argued that waste produced in its manufacturing process should not be considered solid waste if they would later be used agin in the process
(a) Arguing that the materials were not being "discarded" but rather recycled instead. (b) DC circuit agreed with AMC that waste should not be considered discarded if would later be used in ongoing manufacturing process as "the materials had 'not yet become part of the waste disposal problem; rather, they are destined for beneficial reuse or recycling in a continuous process by the generating industry itself" (c) Summary -- overarching goal of RCRA is environmental protection though recycling is "A goal" of RCRA. (d) If there is potential for the was material to cause environmental harm by spilling or leaking even if it is eventually going to be recycled, EPA should still be able to regulate it as a solid waste
American Mining Congress v. EPA (AMC II) - ANSWER-(a) AMC --> sludge stored in holding pond should not be considered RCRA solid waste b/c it's held for potential re-
use (despite that in the meantime the wastes might overflow or leak into other bodies of water). (b) The court stated: recycling exemption only applies to wastes that are safely stored for immediate re-use in and on-going process. **Immediate = 90 days
**"On-going process = same process (e.g. closed-loop recycling)
American Petroleum Institute v. EPA - ANSWER-(a) Building on AMC, API argues that byproducts of a manufacturing process should not be considered solid waste once they arrive at a reclamation facility for recycling. (b) Court declared -- once waste arrives at a reclamation facility it remains solid waste b/c it has already become part of the waste disposal problem, even if it undergoes the exact same process it would have undergone at the original facility. (c) In other words the materials cannot shed their label of solid waste once they enter the waste stream even if they clearly will be recycled.
What is "sham" recycling? - ANSWER-As a result of AMC vs. EPA (AMC I) created an incentive not only for real recycling, but for "sham recycling," as well, stating you would re-use the materials in the manufacturing process, but really just store them on-site indefinitely to avoid the cost of disposal
What is closed-loop recycling? - ANSWER-has it already entered the waste stream? If your waste has to go somewhere then RCRA applies. ** recycled byproducts are not considered solid waste if stored safely & used within 90 days in the same process.
Subtitle C covers what type of waste? - ANSWER-solid waste AND hazardous waste Regulates the treatment and disposal of hazardous waste
b/c subtitle C make it expensive to dispose of hazardous waste, much of RCRA legal history = industry attempts to escape/avoid having waste considered hazardous ..
Subtitle D covers what type of waste? - ANSWER-Regulates the disposal of solid waste
What are the two categories of hazardous waste created by RCRA? - ANSWER-Listed Wastes: Characteristic wastes:
