The "Least Favored Method"—A Primer on the RCRA Land Disposal Regulations

In May of 1990 the U.S. Environmental Protection Agency (EPA) completed a four year long series of rulemakings on land disposal of over. 450 hazardous wastes regulated under the Resource Conservation and Recovery Act (RCRA). The new regulations stipulate that hazardous wastes may not be disposed of on land—if at all—unless they are first treated in a prescribed manner. The Land Disposal Regulations (LDRs) will change disposal requirements for approximately 41 million tons of hazardous waste annually, at a cost to the regulated community of over a billion dollars. Despite EPA’s efforts to educate industry, the LDRs remain a source of confusion for many. This article is intended to clear up at least some of the confusion by providing an overview of the regulations and the decision-making processes which occurred during the four years of EPA rulemakings and, more recently, in the courts.