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94 LUNCHEON ADDRESS: THE MYSTERY OF THE CERCLA AND RCRA LIABILITY CYCLE John M. Kyle, III, Attorney Barnes and Thornburg Indianapolis, Indiana 46204 A. DISCUSSION 1. I have been asked to discuss the interrelationship between the federal RCRA and CERCLA programs. a. First, RCRA; the federal hazardous waste management program b. Second, CERCLA; Superfund; developed to clean up abandoned facilities. 2. Have found the best way to discuss the topic is chronologically and with a specific case example as backdrop. Therefore assume an industry started in '60s: a. on-site landfill—took lots of plant waste b. finishing lagoon — received treated wastewater from electroplating line prior to discharge to River under NPDES permit c. stopped using landfill—in '78; covered with soil vegetation; stopped using before RCRA (11/19/80) d. impoundment still operating B. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) 1. Statute passed 1976; EPA regulations published 5/19/80, effective 11/19/80. 2. Established comprehensive cradle-to-grave regulatory system: a. Defined waste subject to RCRA (Subtitle C) regulation: i) listed ii) characteristic b. Established regulatory system regulating; i) generators of hazardous waste ii) transporters of hazardous waste iii) facilities which treat, store or dispose ("TSD") of hazardous waste. a) detailed regulations b) if are a TSD (to require "S" permit, must store longer than 90 days) need a permit to operate. Also, if "close" one of these facilities need closure permit and if land disposal, need post-closure permit. c) interim status vs. Part B 3. Regulatory program prospective only: a. 5/19/80 Federal Register-only regulated "active" TSD facilities which received waste after 11/19/80. b. Back to our hypo (1) Surface Impoundments receiving hazardous waste F006. Would have to file for interim status in 1980 and later obtain a Part B permit. (2) Landfill-no permit required because did not accept RCRA waste after 11/19/80; therefore completely outside RCRA program as adopted in 1980. (3) Distinction clear and well understood. (4) Possible fuzziness of distinction —§ 7003. C. COMPREHENSIVE ENVIRONMENTAL RESPONSE. COMPENSATION AND LIABILITY ACT (CERCLA) 1. This is where things stood in 11 /80: RCRA regulations just becoming effective when CERCLA passed. 2. CERCLA passed in waning days of Carter administration after 11/80 elections which swept Mr. Reagan into office and handed Republicans control of Senate: a. Hostily drafted compromise legislation —left many questions unanswered. 933
Object Description
Purdue Identification Number | ETRIWC198794 |
Title | Luncheon address : the mystery of the CERCLA and RCRA liability cycle |
Author | Kyle, John M. |
Date of Original | 1987 |
Conference Title | Proceedings of the 42nd Industrial Waste Conference |
Conference Front Matter (copy and paste) | http://e-archives.lib.purdue.edu/u?/engext,38818 |
Extent of Original | p. 933-936 |
Collection Title | Engineering Technical Reports Collection, Purdue University |
Repository | Purdue University Libraries |
Rights Statement | Digital object copyright Purdue University. All rights reserved. |
Language | eng |
Type (DCMI) | text |
Format | JP2 |
Date Digitized | 2009-08-03 |
Capture Device | Fujitsu fi-5650C |
Capture Details | ScandAll 21 |
Resolution | 300 ppi |
Color Depth | 8 bit |
Description
Title | page 933 |
Collection Title | Engineering Technical Reports Collection, Purdue University |
Repository | Purdue University Libraries |
Rights Statement | Digital copyright Purdue University. All rights reserved. |
Language | eng |
Type (DCMI) | text |
Format | JP2 |
Capture Device | Fujitsu fi-5650C |
Capture Details | ScandAll 21 |
Transcript | 94 LUNCHEON ADDRESS: THE MYSTERY OF THE CERCLA AND RCRA LIABILITY CYCLE John M. Kyle, III, Attorney Barnes and Thornburg Indianapolis, Indiana 46204 A. DISCUSSION 1. I have been asked to discuss the interrelationship between the federal RCRA and CERCLA programs. a. First, RCRA; the federal hazardous waste management program b. Second, CERCLA; Superfund; developed to clean up abandoned facilities. 2. Have found the best way to discuss the topic is chronologically and with a specific case example as backdrop. Therefore assume an industry started in '60s: a. on-site landfill—took lots of plant waste b. finishing lagoon — received treated wastewater from electroplating line prior to discharge to River under NPDES permit c. stopped using landfill—in '78; covered with soil vegetation; stopped using before RCRA (11/19/80) d. impoundment still operating B. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) 1. Statute passed 1976; EPA regulations published 5/19/80, effective 11/19/80. 2. Established comprehensive cradle-to-grave regulatory system: a. Defined waste subject to RCRA (Subtitle C) regulation: i) listed ii) characteristic b. Established regulatory system regulating; i) generators of hazardous waste ii) transporters of hazardous waste iii) facilities which treat, store or dispose ("TSD") of hazardous waste. a) detailed regulations b) if are a TSD (to require "S" permit, must store longer than 90 days) need a permit to operate. Also, if "close" one of these facilities need closure permit and if land disposal, need post-closure permit. c) interim status vs. Part B 3. Regulatory program prospective only: a. 5/19/80 Federal Register-only regulated "active" TSD facilities which received waste after 11/19/80. b. Back to our hypo (1) Surface Impoundments receiving hazardous waste F006. Would have to file for interim status in 1980 and later obtain a Part B permit. (2) Landfill-no permit required because did not accept RCRA waste after 11/19/80; therefore completely outside RCRA program as adopted in 1980. (3) Distinction clear and well understood. (4) Possible fuzziness of distinction —§ 7003. C. COMPREHENSIVE ENVIRONMENTAL RESPONSE. COMPENSATION AND LIABILITY ACT (CERCLA) 1. This is where things stood in 11 /80: RCRA regulations just becoming effective when CERCLA passed. 2. CERCLA passed in waning days of Carter administration after 11/80 elections which swept Mr. Reagan into office and handed Republicans control of Senate: a. Hostily drafted compromise legislation —left many questions unanswered. 933 |
Resolution | 300 ppi |
Color Depth | 8 bit |
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