RCRA - Quizzes and Correct
Verified Answers 2024-2025.
Graded A+
American Mining Congress v. EPA (AMC I) - ANSAMC argued
that waste produced in its manufacturing process should not be
considered solid waste if they would later be used agin in the
process (a) Arguing that the materials were not being
"discarded" but rather recycled instead. (b) DC circuit agreed
with AMC that waste should not be considered discarded if
would later be used in ongoing manufacturing process as "the
materials had 'not yet become part of the waste disposal
problem; rather, they are destined for beneficial reuse or
recycling in a continuous process by the generating industry
itself" (c) Summary -- overarching goal of RCRA is
environmental protection though recycling is "A goal" of RCRA.
(d) If there is potential for the was material to cause
environmental harm by spilling or leaking even if it is eventually
going to be recycled, EPA should still be able to regulate it as a
solid waste American Mining Congress v. EPA (AMC II) - ANS(a)
AMC --> sludge stored in holding pond should not be
considered RCRA solid waste b/c it's held for potential re-use
(despite that in the meantime the wastes might overflow or
, leak into other bodies of water). (b) The court stated: recycling
exemption only applies to wastes that are safely stored for
immediate re-use in and on-going process. **Immediate = 90
days **"On-going process = same process (e.g. closed-loop
recycling) American Petroleum Institute v. EPA - ANS(a) Building
on AMC, API argues that byproducts of a manufacturing
process should not be considered solid waste once they arrive
at a reclamation facility for recycling. (b) Court declared -- once
waste arrives at a reclamation facility it remains solid waste b/c
it has already become part of the waste disposal problem, even
if it undergoes the exact same process it would have undergone
at the original facility. (c) In other words the materials cannot
shed their label of solid waste once they enter the waste
stream even if they clearly will be recycled. Characteristic
wastes - ANSover 50,000 chemicals commerce EPA can't list all
so this IDs hazardous wastes by characteristics. Not listed but
has the characteristics of TRIC (toxic reactive ignitabel corrosive)
= treated has hazardous waste. Burden of IDing listed waste
falls on EPA Burden of IDing characteristic waste falls on
generators Defining Solid Waste - ANSSolid doesn't mean solid,
just as navigable doesn't mean navigable.. Book: "the term
solid however, is far broader than everyday usage, and covers
virtually every form of matter except un-contained gasses."
How does RCRA define "solid waste?" - ANS"any garbage,
Verified Answers 2024-2025.
Graded A+
American Mining Congress v. EPA (AMC I) - ANSAMC argued
that waste produced in its manufacturing process should not be
considered solid waste if they would later be used agin in the
process (a) Arguing that the materials were not being
"discarded" but rather recycled instead. (b) DC circuit agreed
with AMC that waste should not be considered discarded if
would later be used in ongoing manufacturing process as "the
materials had 'not yet become part of the waste disposal
problem; rather, they are destined for beneficial reuse or
recycling in a continuous process by the generating industry
itself" (c) Summary -- overarching goal of RCRA is
environmental protection though recycling is "A goal" of RCRA.
(d) If there is potential for the was material to cause
environmental harm by spilling or leaking even if it is eventually
going to be recycled, EPA should still be able to regulate it as a
solid waste American Mining Congress v. EPA (AMC II) - ANS(a)
AMC --> sludge stored in holding pond should not be
considered RCRA solid waste b/c it's held for potential re-use
(despite that in the meantime the wastes might overflow or
, leak into other bodies of water). (b) The court stated: recycling
exemption only applies to wastes that are safely stored for
immediate re-use in and on-going process. **Immediate = 90
days **"On-going process = same process (e.g. closed-loop
recycling) American Petroleum Institute v. EPA - ANS(a) Building
on AMC, API argues that byproducts of a manufacturing
process should not be considered solid waste once they arrive
at a reclamation facility for recycling. (b) Court declared -- once
waste arrives at a reclamation facility it remains solid waste b/c
it has already become part of the waste disposal problem, even
if it undergoes the exact same process it would have undergone
at the original facility. (c) In other words the materials cannot
shed their label of solid waste once they enter the waste
stream even if they clearly will be recycled. Characteristic
wastes - ANSover 50,000 chemicals commerce EPA can't list all
so this IDs hazardous wastes by characteristics. Not listed but
has the characteristics of TRIC (toxic reactive ignitabel corrosive)
= treated has hazardous waste. Burden of IDing listed waste
falls on EPA Burden of IDing characteristic waste falls on
generators Defining Solid Waste - ANSSolid doesn't mean solid,
just as navigable doesn't mean navigable.. Book: "the term
solid however, is far broader than everyday usage, and covers
virtually every form of matter except un-contained gasses."
How does RCRA define "solid waste?" - ANS"any garbage,
