Waste Management

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Waste Management

• Resource Conservation and Recovery Act
• 42 U.S.C. 321 et seq. (1976)

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Waste Management and Pollution Control

• Hierarchy of Waste Management
• Pollution Prevention
• Waste Reduction
• Recycle
• Treatment
• Disposal
• Pollution Prevention Act of 1990

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Predecessor Laws

• 1965 Solid Waste Disposal Act
• 1970 Pollution Prevention Packaging Act
• 1976 Resource Recovery Act
• Hazardous and Solid Waste Amendments of 1984

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Hazardous and Solid Waste Amendment Act of 1984

• Get Rita and Ann
• Broadened the scope of RCRA
• Established hammers for compliance

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In This Session-Solid Waste Disposal

• Top 10 of 50
• Underground Storage Tank Compliance Act of 2001
  (Introduced in Senate)S.1850.IS
• Brownfields Economic Development Act of 2001
  (Introduced in Senate)S.1078.IS
• Federal Reformulated Fuels Act of 2001
  (Introduced in Senate)S.950.IS
• Federal Reformulated Fuels Act of 2001 (Reported
  in Senate)S.950.RS
• Brownfield Site Redevelopment Assistance Act of
  2001 (Introduced in Senate)S.1079.IS
• Solid Waste Compact Act (Introduced in
  House)H.R.667.IH
• National Beverage Container Reuse and Recycling
  Act of 2001 (Introduced in House)H.R.1667.IH
• National Beverage Container Reuse and Recycling
  Act of 2001 (Introduced in House)H.R.845.IH
• To amend the Toxic Substances Control Act to
  establish certain requirements regarding the
  approval of facilities for the disposal of
  polychlorinated biphenyls and for other
  purposes. (Introduced in House)H.R.847.IH
• Mercury Reduction and Disposal Act of 2001
  (Introduced in Senate)S.351.IS

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Major Laws Regarding Waste

• Clean Water Act
• Marine Protection Research and Sanctuaries Act
• Safe Drinking Water Act
• Resource Conservation and Recovery Act
• Comprehensive Environmental Response
  Compensation and Liabilities Act

• Surface Mining Control and Reclamation Act
• Nuclear Waste Policy Act
• Low Level Radioactive Waste Policy Act
• Uranium Mill Tailings Radiation Control Act
• Toxic Substances Control Act

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Focus of This Session

• Resource Conservation and Recovery Act (RCRA)
  (1976 et. Seq.)
• Addresses three programs
• Solid waste
• Hazardous waste
• Underground storage tanks

8
Whos Involved

• Congress
• EPAs Office of Solid Waste and Emergency
  Response (OSWER)
• EPA regions
• States
• Regulated community
• General public

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Current EPA Programs

• Encouraging waste minimization
• Streamlining RCRA regulations
• Fostering federal/state relationships

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Solid Waste ManagementSubtitle D

• Encourages environmentally-sound solid waste
  management practices that
• Maximize the reuse of recoverable material and
  foster resource recovery

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RCRA Subtitle D

• Addresses
• Solid wastes
• Hazardous wastes that are excluded from Subtitle
  C regulations e.g. household hazardous waste
  and
• Hazardous waste generated by conditionally exempt
  small quantity generators (CESQGs)
• Municipal waste

15
RCRA Subtitle D

• Municipal Waste businesses and households
  typically collected and disposed in municipal
  solid waste landfills (MSWLFs)
• EPA integrated hierarchical approach
• Source reduction
• Recycling
• Combustion
• landfilling

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RCRA Subtitle CHazardous Wastes

• Intent
• to ensure that hazardous waste is managed safely
  from generation until final disposal
  cradle-to-grave
• Mandates procedures to identify and classify
  hazardous waste

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RCRA Subtitle D

• Attempts to implement waste recycling and
  recovery consistent with proper hazardous waste
  management. Contains provisions to ensure safe
• Hazardous waste recycling
• Facilitate management of commonly recycled waste
  streams

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RCRA Subtitle C

• Standards for (TSDFs) facilities that
• Generate hazardous waste
• Transport hazardous waste
• Treat hazardous waste
• Store hazardous waste
• Dispose of hazardous waste

19
RCRA Subtitle C

• Standards for TSDFs include additional
  precautions to protect
• Groundwater
• Air resources
• Includes safeguards to protect human health and
  environment from land disposal (LDR) or burning

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RCRA Subtitle C

• Requires facility operators to get permit from
  EPA
• Contains provisions for corrective actions or
  spill cleanup of air ground water and soil.

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Subtitle C Requirements
22
RCRA Subtitle C

• Grants broad enforcement authority to require all
  facilities to comply with the regulations.
• Allows EPA to grant state authority to implement
  and enforce RCRA regulatory program

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RCRA Subtitle IUnderground Storage Tanks

• Regulates underground tanks storing petroleum or
  hazardous substances
• Governs
• Tank design
• Construction
• Instillation
• Operation
• Release detection
• Closure
• Financial Responsibility

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RCRA Subtitle I

• Contains provisions to protect lending
  institutions from liability from lending money to
  UST owners and operators to comply with
  environmental regulations such as UST upgrading
  and maintenance requirements.

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RCRA Subtitle I

• Contains provisions to allow EPA to approve state
  government implementation and enforcement of UST
  regulatory program

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RCRA Title I

• Leaking Underground Storage Tank Trust Fund
  (LUST) to facilitate cleanup and oversight when
  responsible owner and operator cannot take
  action or when emergency action is required.

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Miscellaneous Statutory Provisions

• Provisions to encourage recycling and provisions
  to promote market development for recovered
  materials
• Sets federal procurement guidelines that set
  minimum recovered materials content standards for
  certain items purchased by the federal government
• Medical waste tracking program demonstration
  program compete. No action taken

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Public Involvement

• Provisions to facilitate public participation in
  permitting corrective action and state
  authorization processes.
• Public involvement in rulemaking process
• Seeks to ensure that all segments of the
  population have an equal opportunity to
  participate in the regulatory process

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Public Involvement

• Because RCRA is so complex EPA established
  several public outreach and assistance
  mechanisms
• Training grants
• Freedom of Information Act (FOIA)
• Office of Ombudsman
• RCRA Information Center (RIC)
• RCRA Superfund EPCRA Hotline

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TITLE 42 CHAPTER 82 - SOLID WASTE DISPOSAL 2
U.S.C. 321 et seq. (1976)

• SUBCHAPTER I GENERAL PROVISIONS
• SUBCHAPTER II OFFICE OF SOLID WASTE AUTHORITIES
  OF THE ADMINISTRATOR
• SUBCHAPTER III HAZARDOUS WASTE MANAGEMENT
• SUBCHAPTER IV STATE OR REGIONAL SOLID WASTE PLANS
  
• SUBCHAPTER V DUTIES OF SECRETARY OF COMMERCE IN
  RESOURCE AND RECOVERY

• SUBCHAPTER VI FEDERAL RESPONSIBILITIES
• SUBCHAPTER VII MISCELLANEOUS PROVISIONS
• SUBCHAPTER VIII RESEARCH DEVELOPMENT
  DEMONSTRATION AND INFORMATION
• SUBCHAPTER IX REGULATION OF UNDERGROUND STORAGE
  TANKS
• SUBCHAPTER X DEMONSTRATION MEDICAL WASTE TRACKING
  PROGRAM

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TITLE 42 CHAPTER 82 SUBCHAPTER I -
GENERALPROVISIONS

• Sec. 6901. Congressional findings
• Sec. 6901a. Congressional findings used oil
  recycling
• Sec. 6902. Objectives and national policy
• Sec. 6903. Definitions
• Sec. 6904. Governmental cooperation
• Sec. 6905. Application of chapter and integration
  with other Acts

• Sec. 6905. Application of chapter and integration
  with other Acts
• Sec. 6906. Financial disclosure
• Sec. 6907. Solid waste management information and
  guidelines
• Sec. 6908. Small town environmental planning
• Sec. 6908a. Agreements with Indian tribes

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Identification Listing of Hazardous Waste

• Criteria for listing hazardous waste (18 months)
• Except drilling fluids produced waters and
  other wastes associated with the exploration
  development or production of crude oil or
  natural gas or geothermal energy fly ash bottom
  ash waste slag waste and flue gas emission
  control waste generated primarily from the
  combustion of coal or other fossil fuels. Solid
  waste from the extraction beneficiation and
  processing of ores and minerals including
  phosphate rock and overburden from the mining of
  uranium ore and Cement kiln dust waste.

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TLCP

• Not later than twenty-eight months after November
  8 1984 the Administrator shall examine the
  deficiencies of the extraction procedure toxicity
  characteristic as a predictor of the leaching
  potential of wastes and make changes in the
  extraction procedure toxicity characteristic
  including changes in the leaching media as are
  necessary to insure that it accurately predicts
  the leaching potential of wastes which pose a
  threat to human health and the environment when
  mismanaged.

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Assignment

• Go to http//a2.mediatrec.com/ss.php
• Read 29 CFR Title 40 Chapter 1 Part 261.1-261.5
  Definitions of Solid Waste and Hazardous Wastes
• Compare to definition in the law 42 USC Chapter
  82 Subchapter 1 6903 (5) (a-b)

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TITLE 42 CHAPTER 82 SUBCHAPTER II - OFFICE OF
SOLID WASTE AUTHORITIES OF THE ADMINISTRATOR

• Sec. 6911. Office of Solid Waste and Interagency
  Coordinating Committee
• Sec. 6911a. Assistant Administrator of
  Environmental Protection Agency appointment
  etc.
• Sec. 6912. Authorities of Administrator
• Sec. 6913. Resource Recovery and Conservation
  Panels
• Sec. 6914. Grants for discarded tire disposal

• Sec. 6914a. Labeling of lubricating oil
• Sec. 6914b. Degradable plastic ring carriers
  definitions
• Sec. 6914b-1. Regulation of plastic ring carriers
  
• Sec. 6915. Annual report
• Sec. 6916. General authorization
• Sec. 6917. Office of Ombudsman

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TITLE 42 CHAPTER 82 SUBCHAPTER III - HAZARDOUS
WASTE Management

• Sec. 6921. Identification and listing of
  hazardous waste
• Sec. 6922. Standards applicable to generators of
  hazardous waste
• Sec. 6923. Standards applicable to transporters
  of hazardous waste
• Sec. 6924. Standards applicable to owners and
  operators of hazardous waste treatment storage
  and disposal facilities
• Sec. 6925. Permits for treatment storage or
  disposal of hazardous waste
• Sec. 6926. Authorized State hazardous waste
  programs
• Sec. 6927. Inspections
• Sec. 6928. Federal enforcement
• Sec. 6929. Retention of State authority
• Sec. 6930. Effective date
• Sec. 6931. Authorization of assistance to States

• Sec. 6932. Transferred
• Sec. 6933. Hazardous waste site inventory
• Sec. 6934. Monitoring analysis and testing
• Sec. 6935. Restrictions on recycled oil
• Sec. 6936. Expansion during interim status
• Sec. 6937. Inventory of Federal agency hazardous
  waste facilities
• Sec. 6938. Export of hazardous wastes
• Sec. 6939. Domestic sewage
• Sec. 6939a. Exposure information and health
  assessments
• Sec. 6939b. Interim control of hazardous waste
  injection
• Sec. 6939c. Mixed waste inventory reports and
  plan
• Sec. 6939d. Public vessels
• Sec. 6939e. Federally owned treatment works

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TITLE 42 CHAPTER 82 - SUBCHAPTER IV - STATE OR
REGIONAL SOLID WASTE PLANS

• Sec. 6941. Objectives of subchapter
• Sec. 6941a. Energy and materials conservation and
  recovery Congressional findings
• Sec. 6942. Federal guidelines for plans
• Sec. 6943. Requirements for approval of plans
• Sec. 6944. Criteria for sanitary landfills
  sanitary landfills required for all disposal
• Sec. 6945. Upgrading of open dumps

• Sec. 6946. Procedure for development and
  implementation of State plan
• Sec. 6947. Approval of State plan Federal
  assistance
• Sec. 6948. Federal assistance
• Sec. 6949. Rural communities assistance
• Sec. 6949a. Adequacy of certain guidelines and
  criteria

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TITLE 42 CHAPTER 82 SUBCHAPTER VDUTIES OF
SECRETARY OF COMMERCE IN RESOURCE AND RECOVERY

• Sec. 6951. Functions
• Sec. 6952. Development of specifications for
  secondary materials
• Sec. 6953. Development of markets for recovered
  materials
• Sec. 6954. Technology promotion
• Sec. 6955. Marketing policies establishment
  nondiscrimination requirement
• Sec. 6956. Authorization of appropriations

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TITLE 42 CHAPTER 82 SUBCHAPTER VI - FEDERAL
RESPONSIBILITIES

• Sec. 6961. Application of Federal State and
  local law to Federal facilities
• Sec. 6962. Federal procurement
• Sec. 6963. Cooperation with Environmental
  Protection Agency
• Sec. 6964. Applicability of solid waste disposal
  guidelines to Executive agencies
• Sec. 6965. Chief Financial Officer report

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TITLE 42 CHAPTER 82 SUBCHAPTER VII -
MISCELLANEOUS PROVISIONS

• Sec. 6971. Employee protection
• Sec. 6972. Citizen suits
• Sec. 6973. Imminent hazard
• Sec. 6974. Petition for regulations public
  participation
• Sec. 6975. Separability
• Sec. 6976. Judicial review

• Sec. 6977. Grants or contracts for training
  projects
• Sec. 6978. Payments
• Sec. 6979. Labor standards
• Sec. 6979a. Transferred
• Sec. 6979b. Law enforcement authority

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TITLE 42 CHAPTER 82 SUBCHAPTER VIII - RESEARCH
DEVELOPMENT DEMONSTRATION AND INFORMATION

• Sec. 6981. Research demonstration training and
  other activities
• Sec. 6982. Special studies plans for research
  development and demonstrations
• Sec. 6983. Coordination collection and
  dissemination of information
• Sec. 6984. Full-scale demonstration facilities
• Sec. 6985. Special study and demonstration
  projects on recovery of useful energy and
  materials
• Sec. 6986. Grants for resource recovery systems
  and improved solid waste disposal facilities
• Sec. 6987. Authorization of appropriations

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TITLE 42 CHAPTER 82 SUBCHAPTER IX - REGULATION
OF UNDERGROUND STORAGE TANKS

• Sec. 6991. Definitions and exemptions
• Sec. 6991a. Notification
• Sec. 6991b. Release detection prevention and
  correction regulations
• Sec. 6991c. Approval of State programs
• Sec. 6991d. Inspections monitoring testing and
  corrective action
• Sec. 6991e. Federal enforcement
• Sec. 6991f. Federal facilities
• Sec. 6991g. State authority
• Sec. 6991h. Study of underground storage tanks
• Sec. 6991i. Authorization of appropriations

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TITLE 42 CHAPTER 82 SUBCHAPTER X -
DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

• Sec. 6992. Scope of demonstration program for
  medical waste
• Sec. 6992a. Listing of medical wastes
• Sec. 6992b. Tracking of medical waste
• Sec. 6992c. Inspections
• Sec. 6992d. Enforcement
• Sec. 6992e. Federal facilities
• Sec. 6992f. Relationship to State law
• Sec. 6992g. Repealed. Pub. L. 105-362 title V
  Sec. 501h1A Nov. 10 1998 112 Stat. 3284
• Sec. 6992h. Health impacts report
• Sec. 6992i. General provisions
• Sec. 6992j. Effective date
• Sec. 6992k. Authorization of appropriations

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RCRA History

• Began as amendment to Solid Waste Disposal Act
• Promulgation very slow
• Administrative scandal
• Most prescriptive environmental law passed
• It isnt fun anymore. Wm. Ruckelshaus during
  2nd Term as EPA Administrator

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Goals of RCRA

• Protect human health and the environment from
  hazards posed by waste disposal
• Conserve energy and natural resources through
  waste recycling and recovery
• Reduce or eliminate the amount of waste
  generatedincluding hazardous waste
• Ensure that wastes are managed in an
  environmentally sound manner.

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Subtitles C and D

• Subtitle C pertains to Hazardous Waste (280
  million tons/yr)
• 54-page explanation of hazardous waste
  definition issued in the Federal Register 50 FR
  614
• Subtitle D pertains to Non-hazardous wastes More
  than 20 times the amount of hazardous wastes

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Recycle

• To recycle or not recycle that is the question
• Recycle horrors and lack of control
• Virgin materials
• Wastes from recycling
• process

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Discarded

• EPA Final Rule Jan. 4 1985 50 FR 614 (1995)
• Materials are solid waste if they are abandoned
  by disposal burned incinerated stored
  treated or accumulated before or in lieu of these
  activities.
• 5 secondary materials spent materials sludges
  byproducts commercial chemical products and
  scrap metal.

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Before and After Subtitle D Regulations

• Fewer sites handle 200 million tons of municipal
  wastes
• Cost estimate 330 million per year to implement

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Perception of Subtitle C