As noted in Subtitle C of the Resource
Conservation and Recovery Act (RCRA), EPA (Environment Protection Agency) promulgated hazardous
waste regulations in 1980 to ensure that waste which poses a harmful danger to
human health and the environment would be managed safely. In order to be regulated as a dangerous waste
under RCRA, a material must first be classified as a solid waste. After confirming that a material is a solid
waste, the generator of the solid waste must determine if it is a dangerous
waste. The important concept to remember
is that dangerous wastes are a subset of solid wastes.
Under RCRA Subtitle C, United States Congress permission EPA the
authority to regulate dangerous wastes.
The principle objective of dangerous waste regulation is the protection
of human health and its surround environment.
RCRA regulation is also intended to encourage the conservation and
recovery of valuable materials during solidification/stabilization.
Based on the RCRA regulations, a material
must be identified as a solid waste before it can be considered a dangerous
waste. The regulatory definition of
solid waste, found in §261.2(a), encompasses the following materials: (1)
materials that are abandoned; (2) materials that are recycled; (3) materials
that are inherently waste- like; and (4) waste military munitions. Materials that do not describe as within one
of these categories above are not subject to Subtitle C regulation.
As mentioned before, one way a material may
meet the definition of a solid waste in §261.2 is if it is recycled in a
certain way. When a material is being
recycled, its regulatory classification (i.e., whether or not it is a solid
waste, and possibility a regulated dangerous waste) depends on two factors:
first, what kinds of secondary material is being recycled; and second, what
kind of recycling is making. The process
is described the three types of recycling is regulated in §261. 2 (c), and
notes the different exclusions associated with specific types of secondary
materials when they are recycled in certain ways. Base on these determinations, a waste
destined for recycling may or may not be regulated.
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