The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the primary federal law in the United States governing the disposal of solid waste and hazardous waste.United States. Resource Conservation and Recovery Act. , , et seq., October 21, 1976.
History and goals Congress enacted RCRA to address the increasing problems the nation faced from its growing volume of municipal and industrial waste. RCRA was an amendment of the Solid Waste Disposal Act of 1965. The act set national goals for: Protecting human health and the natural environment from the potential hazards of waste disposal. Energy conservation and natural resources. Reducing the amount of waste generated, through source reduction and recycling Maintaining environmental health standards. Ensuring the management of waste in an environmentally sound manner.
The RCRA program is a joint federal and state endeavor with the U.S. Environmental Protection Agency (EPA) providing basic requirements that states then adopt, adapt, and enforce. RCRA is now most widely known for the regulations promulgated under it that set standards for the treatment, storage, and disposal of hazardous waste in the United States. However, it also plays an integral role in the management of municipal and industrial waste, as well as underground storage tanks.
Implementation The EPA publishes waste management regulations, which are codified in Title 40 of the Code of Federal Regulations in parts 239 through 282.EPA. Code of Federal Regulations (CFR), Title 40, Chapter I, Subchapter I. Solid Wastes. https://www.ecfr.gov/current/title-40/chapter-I/subchapter-I Regulations regarding management of hazardous waste begin in part 260.EPA. "Part 260. Hazardous Waste Management System: General." States are authorized to operate their own hazardous waste programs, which must be at least as stringent as federal standards, and are tasked with creating state implementation plans for managing solid waste.
In California, the Department of Toxic Substances Control (DTSC) is the primary authority enforcing the RCRA requirements, as well as the California Hazardous Waste Control Law (HWCL) of 1972.
Provisions
Subtitle A: General Provisions Congressional Findings; Objectives and National Policy Definitions Interstate Cooperation; Application of Act and Integration with Other Acts Financial Disclosure; Solid Waste Management Information and Guidelines
Subtitle B: Office of Solid Waste; Authorities of the Administrator Office of Solid Waste and Interagency Coordinating Committee Authorities of EPA Administrator Resource Recovery and Conservation Panels; Grants Annual Report; Office of Ombudsman
Subtitle C: "Cradle to Grave" requirements for hazardous waste Arguably the most notable provisions of the RCRA statute are included in Subtitle C, which directs EPA to establish controls on the management of hazardous wastes from their point of generation, through their transportation and treatment, storage and/or disposal. Because RCRA requires controls on hazardous waste generators (i.e., sites that generate hazardous waste), transporters, and treatment, storage and disposal facilities (i.e., facilities that ultimately treat/dispose of or recycle the hazardous waste), the overall regulatory framework has become known as the "cradle to grave" system. States are authorized to implement their own hazardous waste programs. The statute imposes stringent recordkeeping and reporting requirements on generators, transporters, and operators of treatment, storage and disposal facilities handling hazardous waste.
Subtitle D: Non-hazardous Solid Wastes Subtitle D provides criteria for landfills and other waste disposal facilities, and banned open landfills.United States. Resource Conservation and Recovery Act (1976-10-21). Subtitle D—State or Regional Solid Waste Plans. Section 4003. "Minimum Requirements for Approval of Plans." EPA published its initial standards in 1979 for "sanitary" landfills that receive municipal solid waste.EPA (1979-09-13). "Criteria for Classification of Solid Waste Disposal Facilities and Practices; Final rule." Federal Register, The "solid waste" definition includes garbage (e.g., food containers, coffee grounds), non-recycled household appliances, residue from incinerated automobile tires, refuse such as metal scrap, construction materials, and sludge from industrial and sewage treatment plants and drinking water treatment plants. Subtitle D also exempted certain hazardous wastes from the Subtitle C regulations, such as hazardous wastes from households and from conditionally exempt small quantity generators.
Special wastes In 1980 Congress designated several kinds of industrial wastes as "special wastes", which are exempt from Subtitle C, including oil and gas exploration and production wastes (such as drill cuttings, produced water, and drilling fluids), coal combustion residuals generated by electric power plants and other industries, mining waste, and cement kiln dust. In response to the 2008 Kingston Fossil Plant coal fly ash slurry spill and similar incidents, EPA issued a series of regulations pertaining to the management of coal ash, beginning in 2015. See Solid Waste Disposal Amendments of 1980.
Subtitle E: Department of Commerce responsibilities Development of Specifications for secondary materials; Development of markets for recovered material. Technology promotion
Subtitle F: Federal responsibilities Application of Federal, State and Local Law to Federal Facilities Federal procurement Cooperation with EPA; Applicability of solid waste disposal guidelines to executive agencies
Subtitle G: Miscellaneous provisions Whistleblower protection. Employees in the United States who believe they were fired or suffered another adverse action related to enforcement of this law have 30 days to file a written complaint with the Occupational Safety and Health Administration. Citizen Suits; Imminent Hazard suits Petition for regulations; Public participation
Subtitle H: Research, Development, Demonstration and Information Research, Demonstrations, Training; Special Studies Coordination, collection, dissemination of information
Subtitle I: Underground Storage Tanks Background The operation of underground storage tanks (USTs) became subject to the RCRA regulatory program with enactment of the Hazardous and Solid Waste Amendments of 1984 (HSWA).United States. Hazardous and Solid Waste Amendments of 1984. , , November 8, 1984. At that time there were about 2.1 million tanks subject to federal regulation, and the EPA program led to closure and removal of most substandard tanks.EPA (2011). "Overview Of The Federal UST Program." As of September 2025 there were 533,277 active USTs at approximately 190,000 sites subject to federal regulation.
Regulatory requirements The federal UST regulations cover tanks storing petroleum or listed hazardous substances, and define the types of tanks permitted. EPA established a tank notification system to track UST status. UST regulatory programs are principally administered by state and U.S. territorial agencies.
The regulations set standards for: Groundwater monitoring Secondary spill containment Release detection, prevention and correction Spill prevention Overfill prevention (for petroleum products) Restrictions on land disposal of untreatable hazardous waste products.
The Superfund Amendments and Reauthorization Act of 1986 (SARA) required owners and operators of USTs to ensure corrective action is completed when a tank is in need of repair, or removal, when it is necessary to protect human health and the environment.Superfund Amendments and Reauthorization Act of 1986, , . October 17, 1986. The amendments established a trust fund to pay for the cleanup of leaking UST sites where responsible parties cannot be identified.
It is also recommended that above-ground storage tanks be used whenever possible.
Subtitle J: Medical Waste (expired) RCRA Subtitle J regulated medical waste in four states (New York, New Jersey, Connecticut, Rhode Island) and Puerto Rico, and expired on March 22, 1991. (See Medical Waste Tracking Act.) State environmental and health agencies regulate medical waste, rather than EPA. Other federal agencies have issued safety regulations governing the handling of medical waste, including the Centers for Disease Control and Prevention, Occupational Safety and Health Administration, and the Food and Drug Administration.
Amendments and related legislation Solid Waste Disposal Amendments of 1980 Congress exempted several types of wastes from classification as hazardous under Subtitle C in its 1980 amendment to RCRA. The Solid Waste Disposal Amendments of 1980United States. Solid Waste Disposal Amendments of 1980. , October 12, 1980. designated the following categories as "special wastes" and not subject to the stricter permitting requirements of Subtitle C: coal combustion residuals (CCR) generated by electric power plants and other industries, including fly ash, bottom ash, slag waste and flue-gas desulfurization wastes mining waste from ore mines and mineral mines cement kiln dust drilling fluid, produced water, and other wastes from oil and gas wells.RCRA sec. 3001(b)(3)(A), ; sec. 3001(b)(2)(A), These legislative exemptions, known as the "Bevill exclusion" and the "Bentsen exclusion", were intended to be temporary, pending studies conducted by EPA and subsequent determinations as to whether any of these waste categories should be classified as hazardous. In its reviews following the 1980 amendments, EPA determined that most of the exempted waste types would continue to be classified as non-hazardous.
Regulations After the Kingston Fossil Plant coal fly ash slurry spill in 2008, EPA began developing comprehensive ash pond (surface impoundment) regulations. EPA published a CCR regulation in 2015 to restrict the continued use of ash ponds by coal-fired power plants.EPA. "Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities." Federal Register, , April 17, 2015. In response to litigation and a court remand, EPA published its "CCR Part A" rule on August 28, 2020. This rule required all unlined ash ponds to be retrofit with liners or close by April 11, 2021; although some facilities would be allowed to apply to obtain additional time—up to 2028—to find alternatives for managing ash wastes.EPA. "Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; A Holistic Approach to Closure Part A: Deadline To Initiate Closure." . 2020-08-28. The "CCR Part B" rule was published on November 12, 2020, allowing certain facilities to use an alternative liner, based on a demonstration that human health and the environment will not be affected.EPA (2020-11-12). "Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined Surface Impoundments." Final rule. Several facilities have applied for alternate liner demonstrations, but no final determinations have been made by EPA as of early 2026.
In May 2024 EPA published a final rule for active and inactive CCR facilities, including groundwater monitoring, corrective action, closure, and post-closure care requirements.EPA (2024-05-08). "Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy CCR Surface Impoundments." Final rule.
Superfund