The Hazardous and Solid Waste Amendments of 1984: A Dramatic Overhaul of the Way American Manages Its Hazardous Wastes

December 1984
Citation:
14
ELR 10458
Issue
12
Author
Robert L. Gulley and William L. Rosbe

Editors' Summary: Just as the Environmental Protection Agency (EPA) and states, after long delays, are primed to begin final implementation of the complicated hazardous waste control provisions of the Resource Conservation and Recovery Act of 1976 (RCRA), the president has signed Amendments greatly adding to the scope and complexity of the program. The agencies must now, like Sisyphus, return to the bottom of the mountain and start the long upward trek again. Actually, their plight is less grim than his, since they need not recover the same ground. But the journey ahead could be as difficult as that completed, because the Amendments establish major new programs covering small generators of hazardous waste and underground storage tanks. And EPA will not this time be able to extend the job beyond the statutory deadlines, for Congress dictated that should the Agency miss any of a host of major regulatory deadlines, statutory "hammers" would fall putting into effect strict legislated rules. The authors survey the new challenges posed by the Amendments and analyze the impact of programs on landfill disposal, small generators, leaking underground storage tanks, imminent hazard actions, and citizen enforcement. They conclude that while Congress addressed serious environmental and regulatory problems, the tasks they have given EPA will be extremely difficult to carry out.

Mr. Rosbe is a partner at Hunton & Williams in Richmond, Virginia. He received a B.A. from Yale University and a J.D. from Cornell University. Mr. Gulley is an associate at Hunton & Williams. His degrees include a B.A. from the University of Texas, a Ph.D. from the University of Minnesota, and a J.D. from the University of Texas.

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