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Regulations and Standards
Highlights
Federal laws and regulations governing solid and hazardous waste ensure that wastes are managed in an environmentally safe manner. The Resource Conservation and Recovery Act (RCRA) is the nation’s primary law governing the disposal of solid and hazardous waste.
In addition to RCRA, the EPA’s 1984 Indian Policy (PDF) (4 pp, 212K, about PDF) set the foundation for EPA involvement in Indian country by outlining nine principles. These nine principles aid the Agency in working with tribal governments, on a government-to-government basis, to protect human health and the environment in Indian country. This policy has been formally reaffirmed by each EPA Administrator.
Solid Waste Regulations
On October 29, 1997, based on the finding of US Court of Appeals for the DC Circuit in Backcountry Against Dumps v. EPA (PDF) (11 pp, 55K, about PDF), tribes cannot be treated in the same manner as states for purposes of implementing RCRA programs. RCRA defines tribes as “municipalities;” under this definition, the courts ruled that EPA cannot approve solid waste programs for tribes. Tribes are responsible for implementing and enforcing the minimal requirements outlined in 40 CFR (Parts 257 and 258). These two parts establish standards and guidelines for solid waste collection and disposal programs, as well as recycling programs. Tribes, however, can use their own sovereignty to develop solid waste programs, provided that the standards are at least equivalent or exceed the minimal federal standards found in 40 CFR (Parts 257 and 258).
Landfills
A tribe may apply for a Site-Specific Flexibility Requests for Municipal Solid Waste Landfills in Indian Country. This draft guidance document describes a process by which MSWLF owners and operators in Indian country can request design and operating flexibility that is available to landfill owners and operators in states with EPA-approved MSWLF permitting programs.
- 40 CFR parts 257 and 258 (PDF) (39 pp, 187K, about PDF). Landfills in Indian country must meet these requirements.
- Site-specific design and operating flexibility. Tribes may request site specific flexibility for landfills.
- Research, Development and Demonstration Permits (RD&D) (PDF) (56 pp, 97K, about PDF)
Open Dumps
Open dumps are “areas where waste is disposed of without proper controls, including regular application of cover, controlled access to the site and other environmental controls.” Open dumping is illegal under RCRA. Open dumping has many adverse health and environmental effects, such as an increase in release of toxics and heavy metals into the air and water and may attract pests that can spread disease.
EPA has partnered with the US Department of Health and Human Services Indian Health Service (IHS) to rank and prioritize open dump sites in Indian Country.
- RCRA Statute, Regulations & Enforcement
- RCRA Section 7003 – EPA can order dump clean up and closure under RCRA Section 7003 for dump sites posing an imminent and substantial endangerment.
- RCRA Section 7002 – Citizens can bring federal civil suits under RCRA Section 7002 for potential or actual violations of RCRA.
- Clean Air Act Federal Air Rules for Reservations. Open burning in Alaska is regulated by the Alaska State Department of Environmental Conservation.
Transfer Stations
Waste transfer stations are facilities where municipal solid waste is unloaded from collection vehicles and briefly held while it is reloaded onto larger long-distance transport vehicles for shipment to landfills or other treatment or disposal facilities.
EPA developed a best management practices for transfer stations: Waste Transfer Station: A Manual for Decision-Making (PDF) 66 pp, 647K, about PDF), which provides best practices for siting, design, and operation of waste transfer stations. The manual defines what a transfer station is and how it relates to municipal solid waste management in the context of a community’s total waste management plan. The manual identifies issues and factors to consider when deciding to build a transfer station, planning and designing it, selecting a site, and involving the community.
Hazardous Waste Regulations
For hazardous waste regulations (Subtitle C), EPA maintains direct implementation authority in Indian Country.
