RESOURCE CONSERVATION AND RECOVERY ACT
RCRA
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(5) The term ``hazardous waste'' means a solid waste, or combination of solid wastes, which because of its quantity,
concentration, or physical, chemical, or infectious characteristics may--
(A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating
reversible, illness; or
(B) pose a substantial present or potential hazard to human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise managed.
The Hazardous Constituents list (Appendix VIII) of the Resource Conservation and Recovery Act (RCRA) is used to
identify the universe of chemicals of concern under RCRA, the primary environmental law governing the proper
disposal of hazardous wastes.
The Hazardous Constituents list includes substances that meet the following criteria:
1. Inclusion in the Clean Water Act list of priority pollutants
2. Chemicals considered hazardous to transport by the Department of Transportation
3. Chemicals identified as carcinogens by the U.S. EPA's Carcinogen Assessment Group
4. Chemicals with high acute toxicity, as identified by the National Institute for Occupational Safety and Health's
Registry of Toxic Effects of Chemical Substances list.
Reference
Electronic Code of Federal Regulations. 40 CFR - CHAPTER I - PART 261. Appendix VIII to Part 261 -- Hazardous
Constituents include: Antimony, Arsenic, Barium, Beryllium, Cadmium. Chromium, Cobalt, Cobalt, Copper,
Cyanide, Lead, Mercury, Nickel, Selenium, Silver, Thallium., Tin, Vanadium, and Zinc......
http://www.scorecard.org/chemical-groups/one-list.tcl?short_list_name=hc
Congress wrote RCRA to achieve three primary goals: (1) protection of human health and the environment; (2)
reduction of waste and conservation of energy and natural resources; and (3) reduction or elimination of the
generation of hazardous waste as expeditiously as possible. http://www.epa.gov/epaoswer/hotline/training/statov.txt
This Act points out that land disposal facilities are not capable of containing hazardous waste and landfill and surface
disposal (impoundment) should be the be the least favored method.
By definition, sewage sludge is a hazardous waste because of the infectious characteristics.
While EPA can not ensure that even Composted sludge is free of pathogens or regrowth will not occur
it continues to promote these hazardous products.
By definition, sludge is also a solid waste which must be disposed of in a sound manner to avoid substantial risk to
human health and the environment.
Under RCRA section 4004 (a), "...at a minimum, such criteria shall provide that a facility may be classified as a sanitary
landfill and not an open dump only if there is no reasonable probability of adverse effects on health or the
environment from disposal of solid waste at such facility."
It is EPA's contention that sewage sludge is not discarded as the term of art is used in the definition of a solid waste --
therefore it is not a solid waste or hazardous waste -- but Congress is very clear on the definition of a sludge.
Congress said it always a solid waste.
(7) certain classes of land disposal facilities are not capable of assuring long-term containment of certain hazardous
wastes, and to avoid substantial risk to human health and the environment, reliance on land disposal should be
minimized or eliminated, and land disposal, particularly landfill and surface impoundment, should be the least favored
method for managing hazardous wastes;
(14) The term ``open dump'' means any facility or site where solid waste is disposed of which is not a sanitary landfill
which meets the criteria promulgated under section 6944 of this title and which is not a facility for disposal of
hazardous waste.
(26) The term ``sanitary landfill'' means a facility for the disposal of solid waste which meets the criteria published
under section 6944 of this title. [i.e. Part 258-- see part 503.4]
(26A) The term ``sludge'' means any solid, semisolid or liquid waste generated from a municipal, commercial, or
industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such
waste having similar characteristics and effects.
(27) The term ``solid waste'' means any garbage, refuse, sludge from a waste treatment plant, water supply
treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or
contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from
community activities, but does not include solid or dissolved material in domestic sewage, [in pipeline] or
solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits
under
section 1342 of title 33, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of
1954, as amended (68 Stat. 923) [42 U.S.C. 2011 et seq.].
Admin note.
[It has been EPA sludge scientists' contention that the domestic sewage exclusion in (27) overrides the
fact that sludge (26A) generated from a municipal wastewater treatment plant is a solid waste (27).
Domestic sewage and sewage sludge is only a pollutant under the CWA if it enters the waters of the
United States]
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Sec. 6901. Congressional findings
(b) Environment and health
The Congress finds with respect to the environment and health, that--
(1) although land is too valuable a national resource to be needlessly polluted by discarded materials, most solid
waste is disposed of on land in open dumps and sanitary landfills;
(2) disposal of solid waste and hazardous waste in or on the land without careful planning and management can
present a danger to human health and the environment;
(3) as a result of the Clean Air Act [42 U.S.C. 7401 et seq.], the Water Pollution Control Act [33 U.S.C. 1251 et
seq.], and other Federal and State laws respecting public health and the environment, greater amounts of solid
waste (in the form of sludge and other pollution treatment residues) have been created. Similarly, inadequate and
environmentally unsound practices for the disposal or use of solid waste have created greater amounts of air and
water pollution and other problems for the environment and for health;
(4) open dumping is particularly harmful to health, contaminates drinking water from underground and surface
supplies, and pollutes the air and the land;
(5) the placement of inadequate controls on hazardous waste management will result in substantial risks to human
health and the environment;
(6) if hazardous waste management is improperly performed in the first instance, corrective action is likely to be
expensive, complex, and time consuming;
(7) certain classes of land disposal facilities are not capable of assuring long-term containment of certain hazardous
wastes, and to avoid substantial risk to human health and the environment, reliance on land disposal should be
minimized or eliminated, and land disposal, particularly landfill and surface impoundment, should be the least
favored method for managing hazardous wastes;
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+42USC6901
Sec. 6902. Objectives and national policy
(a)(3) prohibiting future open dumping on the land and requiring the conversion of existing open dumps to facilities
which do not pose a danger to the environment or to health;
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+42USC6902
Sec. 6903. Definitions
(3) The term ``disposal'' means the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid waste or hazardous
waste into or on any land or water so that such solid waste or hazardous
waste or any constituent thereof may enter the environment or be emitted
into the air or discharged into any waters, including ground waters.
(5) The term ``hazardous waste'' means a solid waste, or combination of solid wastes, which because of its quantity,
concentration, or physical, chemical, or infectious characteristics may--
(A) cause, or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapacitating
reversible, illness; or
(B) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.
(14) The term ``open dump'' means any facility or site where solid
waste is disposed of which is not a sanitary landfill which meets the
criteria promulgated under section 6944 of this title and which is not a
facility for disposal of hazardous waste.
(26) The term ``sanitary landfill'' means a facility for the
disposal of solid waste which meets the criteria published under section
6944 of this title.
(26A) The term ``sludge'' means any solid, semisolid or liquid waste
generated from a municipal, commercial, or industrial wastewater
treatment plant, water supply treatment plant, or air pollution control
facility or any other such waste having similar characteristics and
effects.
(27) The term ``solid waste'' means any garbage, refuse, sludge from
a waste treatment plant, water supply treatment plant, or air pollution
control facility and other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations, and from community
activities, but does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows or
industrial discharges which are point sources subject to permits under
section 1342 of title 33, or source, special nuclear, or byproduct
material as defined by the Atomic Energy Act of 1954, as amended (68
Stat. 923) [42 U.S.C. 2011 et seq.].
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=browse_usc&docid=Cite:+42USC6903