The Resource Conservation and Recovery Act (RCRA), passed in 1976, is the main federal law in the United States that manages the disposal of solid waste and hazardous waste.
History and goals
Congress passed RCRA to solve problems caused by the growing amount of waste from cities and industries. RCRA was a change to the Solid Waste Disposal Act of 1965. The law set national goals to:
- Protect people and nature from dangers caused by waste disposal.
- Save energy and protect natural resources.
- Reduce the amount of waste created by cutting waste at its source and recycling.
- Keep standards that protect the environment.
- Manage waste in ways that are safe for the environment.
The RCRA program is run by both the federal government and states, with the U.S. Environmental Protection Agency (EPA) setting basic rules that states then follow, adjust, and enforce. RCRA is now best known for the rules it created that set standards for handling, storing, and getting rid of dangerous waste in the United States. It also helps manage city and industrial waste, as well as waste stored in underground tanks.
Implementation
The Environmental Protection Agency (EPA) creates rules for managing waste. These rules are written in Title 40 of the Code of Federal Regulations, covering parts 239 through 282. Rules about handling hazardous waste start in part 260. States can run their own programs for managing hazardous waste, but these programs must meet or exceed federal standards. States are also required to develop plans for managing solid waste.
In California, the Department of Toxic Substances Control (DTSC) is the main group responsible for enforcing federal rules called the Resource Conservation and Recovery Act (RCRA). The DTSC also enforces the California Hazardous Waste Control Law, which was created in 1972.
Provisions
Key Topics Covered in the RCRA Statute
• Congressional Findings, Goals, and National Policies
• Definitions of Terms
• Collaboration Between States and Federal Laws
• Financial Reporting, Waste Management Information, and Guidelines
- Office of Solid Waste and a Group That Helps Different Agencies Work Together
- Powers Given to the EPA Administrator
- Programs for Recycling and Conservation, Including Funding
- Annual Reports and an Office That Helps Resolve Complaints
Subtitle C of the RCRA law includes important rules about managing hazardous waste. These rules require the EPA to control how hazardous waste is handled from the moment it is created, through transportation, treatment, storage, and disposal. The law applies to businesses that produce hazardous waste, companies that transport it, and facilities that treat or dispose of it. This system is called the "cradle to grave" approach because it covers every step of the waste’s journey. States can create their own programs to manage hazardous waste as long as they meet federal requirements. The law also requires detailed records and reports from businesses and facilities that handle hazardous waste.
Subtitle D sets standards for landfills and other waste disposal sites. It banned open landfills and required "sanitary" landfills for household waste, such as food containers, old appliances, and materials from industrial processes. This section also excludes some hazardous waste from Subtitle C rules, like waste from homes and small businesses.
In 1980, Congress added rules for "special wastes" that are not covered by Subtitle C. These include waste from oil and gas drilling, coal power plants, mining, and cement production. After a major coal waste spill in 2008, the EPA created new rules for managing coal ash starting in 2015.
Other parts of the law include:
• Rules for using and selling materials recovered from waste
• Encouraging new technologies for waste management
• How federal, state, and local laws apply to government buildings
• Guidelines for buying goods and services
• How government agencies work with the EPA
• Protection for workers who report violations
• Lawsuits that citizens can file if waste poses an immediate danger
• Rules for how the public can request changes to regulations
• Research, training, and sharing information about waste management
Underground storage tanks (USTs) became subject to RCRA rules in 1984. At that time, about 2.1 million tanks were regulated, and most unsafe tanks were closed or removed. As of September 2025, about 533,277 USTs remain active at 190,000 sites. These tanks must store petroleum or hazardous substances and follow rules for:
• Monitoring groundwater for leaks
• Preventing spills and containing them
• Detecting and fixing leaks
• Preventing overflows of fuel
• Restrictions on dumping waste that cannot be treated
The Superfund Amendments and Reauthorization Act of 1986 (SARA) required owners of USTs to fix leaks or remove tanks to protect people and the environment. A fund was created to clean up leaks if no responsible party can be found.
The law also suggests using above-ground storage tanks when possible.
RCRA Subtitle J regulated medical waste in five states and Puerto Rico until 1991. Now, state and local agencies, not the EPA, manage medical waste. Other federal agencies, like the CDC and OSHA, also set rules for handling medical waste.
Amendments and related legislation
In 1980, Congress made changes to the Resource Conservation and Recovery Act (RCRA). These changes exempted certain types of waste from being classified as hazardous under Subtitle C. The Solid Waste Disposal Amendments of 1980 identified the following categories as "special wastes" and not subject to the stricter rules of Subtitle C:
- coal combustion residuals (CCR), such as fly ash, bottom ash, slag waste, and flue-gas desulfurization wastes from power plants and other industries
- mining waste from ore and mineral mines
- cement kiln dust
- drilling fluid, produced water, and other wastes from oil and gas wells.
These legal exceptions, called the "Bevill exclusion" and the "Bentsen exclusion," were meant to be temporary. They allowed the Environmental Protection Agency (EPA) to study whether these waste types should be classified as hazardous. After reviewing the waste categories, the EPA concluded that most of them would remain non-hazardous.
In 2008, a coal fly ash spill at the Kingston Fossil Plant led the EPA to create new regulations for ash ponds. In 2015, the EPA issued a rule to limit the use of ash ponds by coal-fired power plants. In 2020, the EPA published "CCR Part A" and "CCR Part B" rules. "CCR Part A" required all unlined ash ponds to be retrofitted with liners or closed by 2021, with some facilities allowed extra time until 2028. "CCR Part B" allowed certain facilities to use alternative liners if they could prove these would not harm human health or the environment. As of early 2026, the EPA had not yet finalized decisions on these requests.
In May 2024, the EPA released a final rule for active and inactive CCR facilities. This rule included requirements for groundwater monitoring, cleanup, closure, and long-term care.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as "Superfund," was passed in 1980. It was created to address the cleanup of abandoned hazardous waste sites by assigning legal responsibility and funding cleanup efforts. CERCLA generally applies to contaminated sites, while RCRA focuses on managing waste streams. Both laws include rules for cleaning up past contamination.
In 1984, Congress expanded RCRA with the Hazardous and Solid Waste Amendments (HSWA). These changes strengthened the law by including rules for underground storage tanks, small waste generators, hazardous waste incinerators, and the closure of unsafe landfills.
The Land Disposal Program Flexibility Act of 1996 provided some flexibility for land disposal of certain wastes. For example, waste sent to industrial wastewater treatment facilities, municipal sewage plants, or "zero discharge" facilities is not subject to land disposal restrictions.
Treatment, storage, and disposal facility permits
Treatment, storage, and disposal facilities (TSDFs) handle hazardous waste under RCRA Subtitle C. These facilities usually need a permit to operate. Some facilities do not have a permit but may still operate under a system called "interim status." Rules for interim status are found in 40 CFR Part 265.
The rules for getting permits for TSDFs are in 40 CFR Parts 264 and 270. TSDFs manage hazardous waste in different areas, such as container storage, tanks, surface impoundments, waste piles, land treatment units, landfills, incinerators, containment buildings, and drip pads. Specific rules for each type of area are detailed in 40 CFR Part 264, Subparts J through DD.
Case law
In City of Philadelphia v. New Jersey, 437 U.S. 617 (1978), the U.S. Supreme Court ruled that states cannot unfairly treat goods or materials from other states. A New Jersey law that banned bringing waste from outside the state into New Jersey was found to break the Commerce Clause of the U.S. Constitution, which limits how states can control trade between states.
In Hallstrom v. Tillamook County, 493 U.S. 20 (1990), the Supreme Court decided that a lawsuit under the Resource Conservation and Recovery Act (RCRA) must be dismissed if the person filing the lawsuit does not follow the law’s requirements to provide notice and wait 60 days before taking action.
In Department of Energy v. Ohio, 503 U.S. 607 (1992), the Supreme Court ruled that Congress did not allow states to hold the federal government legally responsible for fines related to past violations of the Clean Water Act (CWA) or RCRA. The federal government retains immunity from such liability.
In Meghrig v. KFC Western, Inc., 516 U.S. 479 (1996), the Supreme Court determined that the RCRA does not permit lawsuits to recover costs for cleaning up toxic waste if the waste no longer poses a risk to health or the environment at the time the lawsuit is filed.
In Southern Union Co. v. United States, 567 U.S. 343 (2012), the Supreme Court held that any fact, other than a prior criminal conviction, that increases the punishment for a crime beyond the maximum allowed by law must be decided by a jury and proven beyond a reasonable doubt.