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RCRA Subtitle D - Solid Waste
RCRA Subtitle D provides minimum criteria for solid waste disposal facilities,
corrective actions, and ground-water detection systems. The Subtitle D regulations are
codified in 40 CFR Parts 255 to 258. These include the following:
• Criteria for the identification of regions and agencies for solid waste management
(Part 255)
• Guidelines for the development and implementation of solid waste management
plans for the states (part 256)
• Criteria for classification of solid waste disposal facilities and practices (part 257)
• Criteria for municipal solid waste landftlls (part 258)
II-16
Operations that extract oil, gas, or potash would not be subject to these regulations
because it can be assumed that they would not be operating a solid waste disposal facility
(see the New Mexico Solid Waste Act).
Permits. special reports. and fees
Because these operations would not be operating a solid waste disposal facility,
permits, reports, or fees would not be applicable.
References
Arbuckle, J., Brownell, F., Case, D., Halbleib, W., Jensen, L., Landfair, S., Lee, R.,
Miller, M., Nardi, K., Olney, A., Sarvadi, D., Spensley, J., Steinway, D., and
Sullivan, T., 1993, Environmental Law Handbook, Twelfth Edition: Government
Institutes Inc., Rockville, MD, 550 pp.
U. S. Environmental Protection Agency, 1993, Code of Federal Regulations Title 40,
Protection of Environment, Parts 190 to 259: Office of the Federal Register,
National Archives and Records Administration, Washington, DC, 473 pp.
ReRA Subtitle I Underground Storage Tanks
RCRA Subtitle I (42 USC Sections 6991 to 699li) was enacted in 1984 to regulate
underground storage tanks (UST) containing regulated substances. A regulated substance
is any petroleum product or any materials defined under CERCLA Section 101(14) (40
CFR 302, Table 4). Subtitle I regulations are codified in 40 CFR 280. The purpose of the
regulations is to prevent releases of contained substances as a result of structural failure
or corrosion. The regulations impose mjnjmum performance standards on new and
upgraded UST systems and provide incentives, including the provision of funds, for the
remediation of leaking UST that meet EPA miriimum requirements.
New Mexico is authorized by EPA to administer the UST program in the state
(see New Mexico Hazardous Waste Act. Underground Storage Tank Regulations).
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