Hazardous waste imminent hazards

List of over 800 chemicals from. Section 102 of CERCLA, Clean Water Act fist of hazardous substances and priority pollutants (Section 211(b)(2)(a) or 307(a)), Any hazardous waste as defined under Section 3001 of Resource Conservation and Recovery Act Clean Air Act list of hazardous air pollutants (HAPs) (Section 112) Toxic Substances Control Act list of imminent hazards (Section 7). 

Both RCRA and CERCLA address hazards to the environment. However, CERCLA is the more comprehensive statute. CERCLA hazardous substances encompass RCRA hazardous wastes, as well as other toxic pollutants regulated by the CAA, the CWA, and the TSCA. Thus, all RCRA hazardous wastes may trigger CERCLA response actions when released into the environment. RCRA nonhazar-dous solid wastes, on the other hand, do not trigger CERCLA response actions unless they present an imminent and substantial danger as pollutants or contaminants (Figure 12.10). 

Both RCRA and CERCLA contain provisions that allow U.S. EPA to require persons contributing to an imminent hazard to take the necessary actions to clean up releases. RCRA s imminent and substantial endangerment provision addresses nonhazardous as well as hazardous solid waste releases. The authority under CERCLA is essentially the same, except that CERCLA s authority to abate an imminent or substantial danger to public health or the environment is limited to hazardous substance releases. In an enforcement action, the RCRA and CERCLA imminent hazard provisions may be used in tandem to ensure adequate protection of human health and the environment. 

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This is an attempt to deal with the many waste sites that exist across the nation. It covers remedial action, including the establishment of a National Priorities List to identify those sites that should have a high priority for remediation. This act authorizes the cleanup of hazardous waste sites, including those containing pesticides, that threaten human health or the environment. If they can be identified, the US EPA is authorized to recover cleanup costs from those parties responsible for the contamination. CERCLA provides a fund to pay for the cleanup of contaminated sites when no other parties are able to conduct the cleanup. The Superfund Amendments and Reauthorization Act (SARA) (1986) is an amendment to CERCLA that enables the US EPA to identify and cleanup inactive hazardous waste sites and to recover reimbursement of cleanup costs. One section of CERCLA authorizes the EPA to act whenever there is a release or substantial threat of release of a hazardous substance or any pollutant or contaminant that may present an imminent or substantial danger to the public health or welfare into the environment. 

As outlined above, RCRA is a preventative legislature regulating current/future hazardous-waste management. Conversely, CERCLA s goal is to rectify problems caused by the previous mismanagement of hazardous waste (i.e., it addresses past sins). There are three general areas in which RCRA and CERCLA statutes overlap disposal of CERCLA-waste sites reactions to imminent hazards and corrective actions (CA) for releases from TSDFs. 

A) any substance designated pursuant to Section 311(b)(2)(A) of the Federal Water Pollution Control Act, (B) any element, compound, mixture, solution, or substance designated pursuant to section 102 of this Act, (C) any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by Act of Congress), (D) any toxic pollutant listed under section 307(a) of the Federal Water Pollution Control Act, (E) any hazardous air pollutant listed under section 112 of the Clean Air Act, and (F) any imminently hazardous chemical substance or mixture with respect to which the Administrator has taken action pursuant to section 7 of the Toxic Substances Control Act. 

ERA can take enforcement action against the owner/operator when there is evidence that past or present handling, storage, treatment, and/or transportation of any solid waste or hazardous waste may present an imminent and substantial endangerment to health or the environment. If a person willfully violates, or fails or refuses to comply with an order, ERA can seek penalties of up to 7,500 for each day the violation occurs or the fail-ure to comply continues. ... 

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