Enforcement of the RCRA Regulations

RCRA establishes the regulations for the management of hazardous waste and used oil, but it is the EPA that enforces the RCRA regulations. When an individual or organization fails to comply with the RCRA regulations, a penalty is calculated based upon the seriousness of the violation and the good faith efforts being made by the violator to comply with the regulations.

Typically, the EPA calculates the penalty using these steps:

1. Determine a penalty for the seriousness of the particular violation, referred to as the "gravity-based penalty," based on the potential for harm and extent of deviation from requirements.
2. Add a penalty to address the length of time of the non-compliance, referred to as the "multi-day penalty."
3. Increase or decrease the penalties specific to the violation.
4. Add a penalty for the amount of economic benefit that the violator gained by not complying with the regulations.

To learn more about RCRA safety standards visit our RCRA Refresher Online Training web page.