In 1984, dissatisfied with EPA's progress, Congress passed the Hazardous and Solid Waste Amendments of 1984 (HSWA).  Under this new mandate EPA was directed to identify which wastes were hazardous and to do so within a specified period of time.  As part of the process EPA was also directed to establish a treatment standard for each waste and an appropriate disposal method.  In the event that no treatment standard could be set, land disposal would be prohibited. 

 

Congress allowed for exceptions to be made to the rule -- provided that an affirmative finding of safety could be made -- on a site-by-site basis (variance) or by proving the waste was no longer hazardous (delisting).  Wastes that are granted delistings are required to be disposed in a Subtitle D landfill. 

 

HSWA is known as the "hard hammer" and rules that are promulgated under HSWA authority become effective in states immediately.  On the other hand rules promulgated under RCRA authority are not effective in states until adopted by the states.

 

In January 1985, just months after the passage of HSWA and contrary to it, the EPA adopted a loophole allowing the use of hazardous waste in fertilizer.  The agencies' logic was that because these wastes are diluted with fertilizer materials they are safer than wastes being directly applied to the land.  The rule required only that the waste-derived fertilizer have a market, i.e., people willing to buy it, and not until 1988 would treatment standards apply for toxic constituents.  As part of the rule EPA began to refer to hazardous wastes as "recyclable materials" to avoid "stigmatization".