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58 Waste Management Practices: Municipal, Hazardous, and Industrial
EPA regulations appear in Title 40 of the CFR and the RCRA regulations are found in Title 40 of
the CFR, Parts 240–282. These regulations are often cited as 40 CFR, with the part (e.g., 40 CFR
Part 262), or the part and section (e.g., 40 CFR §262.40) listed after the CFR title.
The above relationship between an act and the regulations is fairly typical; one exception,
however, is the relationship between HSWA and its regulations. Congress, through HSWA, pro-
vided the EPA with a mandate to promulgate regulations but also placed explicit instructions in the
statute to develop specific regulations. Many of these requirements are so specific that EPA incor-
porated them directly into the regulations. HSWA is also significant because Congress established
ambitious schedules for the implementation of the Act’s provisions. Another unique aspect of
HSWA is that it established “hammer provisions” or statutory requirements that would go into
effect automatically with the force of regulations, if EPA failed to issue regulations by certain
dates (U.S. EPA, 2002).
The interpretation of statutory language does not end with the codification of regulations. EPA fur-
ther clarifies the requirements of an act and its regulations through guidance documents and policy.
3.5.3 GUIDANCE AND POLICY
Policy statements specify operating procedures that should generally be followed by a facility or
agency. They are mechanisms used by EPA program offices to outline the manner in which the
RCRA program is implemented. For example, EPA’s Office of Solid Waste may issue a policy out-
FIGURE 3.3 Example of a Guidance Document.