EPA and State Roles in RCRA and CERCLA

administered by the United States Environmental Protection Agency (EPA), enforcement authority under both of the hazardous waste laws the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901-91 (1982 & Supp. IV 1986) (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601-75 (1982 & Supp. IV 1986) (CERCLA)may be exercised by EPA or by states delegated that authority. Together, RCRA and CERCLA are designed to provide a coherent framework for managing the nation's hazardous waste problems. RCRA is primarily targeted at the ongoing management of hazardous waste, while CERCLA focuses on the problems created by past disposal practices. Because the two statutes have different, albeit complementary, objectives, there are significant differences in program implementation. Under RCRA, EPA must promulgate, administer, and enforce an ever-expanding panoply of proscriptive requirements. Pursuant to CERCLA, EPA must identify problem sites, establish acceptable cleanup criteria, remediate the site, and, whenever possible, require responsible parties to pay for the cost of such remediation.