Waste Management

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

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 1. Underground Storage Tank Compliance Act of 2001 (Introduced in Senate) [S.1850.IS] 2. Brownfields Economic Development Act of 2001 (Introduced in Senate) [S.1078.IS] 3. Federal Reformulated Fuels Act of 2001 (Introduced in Senate) [S.950.IS] 4. Federal Reformulated Fuels Act of 2001 (Reported in Senate) [S.950.RS] 5. Brownfield Site Redevelopment Assistance Act of 2001 (Introduced in Senate) [S.1079.IS] 6. Solid Waste Compact Act (Introduced in House) [H.R.667.IH] 7. National Beverage Container Reuse and Recycling Act of 2001 (Introduced in House) [H.R.1667.IH] 8. National Beverage Container Reuse and Recycling Act of 2001 (Introduced in House) [H.R.845.IH] 9. 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] 10. Mercury Reduction and Disposal Act of 2001 (Introduced in Senate) [S.351.IS]

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

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Who’s Involved

• Congress • EPA’s 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 Management— Subtitle D

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

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Domestic Waste Generation in The U.S. 1960-1996

5 4.5

4 3.5

3 2.5

2 1.5

1 0.5

0 250 200 150 100 50 0 1960 1970 1980

Year

1990 1996 Per Capita Generation Total Waste Generation Environmental Law Week 2 11

Composition of Municipal Waste Stream 1996 Glass 6% Wood 5% Metals 8% Plastics 9% Other 10% Food Waste 10% Yard Wastes 13% Paper 39%

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30.0% 25.0% 20.0% 15.0% 10.0% 5.0% 0.0% Increase in Recycle of Municipal Waste 1960 1990 Year 1996

Million Tons Percent Recycle Environmental Law Week 2

60 50 40 30 20 10 0

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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

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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 C—Hazardous 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

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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

RCRA requirements Determine if waste is hazardous Notify EPA is RCRA hazardous waster handler and obtain Identification Number Train Personnel in waste management procedures and emergency response Preparedness and prevention measures and notification of releases Contingency planning and emergency procedures Inspect facility operations periodically Track waste with manifest system Record keeping and reporting Packaging Marking, labeling and transport vehicle placarding Physical security Use and manage containers, landfills, and other operating areas adequately Groundwater monitoring Closure and postclosure care

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X X X X X X X X Generators Transporters X X X X Treatment, Storage, Disposal Facilities X X X X X X X X X X X X X

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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 I— Underground 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 OR REGIONAL SOLID WASTE PLANS STATE SUBCHAPTER V OF SECRETARY OF COMMERCE IN RESOURCE AND RECOVERY DUTIES – – – – – 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

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.

disclosure Financial Sec. 6907.

Solid waste management information and guidelines Sec. 6908.

Small town environmental planning Sec. 6908a.

Agreements with Indian tribes

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.

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.

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)

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.

plastic ring carriers; definitions Degradable Sec. 6914b-1.

Regulation of plastic ring carriers Sec. 6915.

Annual report Sec. 6916.

General authorization Sec. 6917.

Office of Ombudsman

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.

storage, or disposal of hazardous waste Permits for treatment, Sec. 6926.

Authorized State hazardous waste programs Sec. 6927.

Sec. 6928.

Sec. 6929.

authority Inspections Federal enforcement Retention of State Sec. 6930.

Sec. 6931.

Effective date Authorization of assistance to States • • • • • • • • • • • • • Sec. 6932.

Sec. 6933.

inventory Sec. 6934.

testing Sec. 6935.

oil Sec. 6936.

status Sec. 6937.

Transferred Hazardous waste site Monitoring, analysis, and Restrictions on recycled Expansion during interim Inventory of Federal agency hazardous waste facilities Sec. 6938.

Export of hazardous wastes Sec. 6939.

Sec. 6939a.

Domestic sewage Exposure information and health assessments Sec. 6939b.

Interim control of hazardous waste injection Sec. 6939c.

reports and plan Sec. 6939d.

Sec. 6939e.

Mixed waste inventory Public vessels Federally owned treatment works

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.

plan Procedure for development and implementation of State Sec. 6947.

State plan; Federal assistance Approval of Sec. 6948.

assistance Federal Sec. 6949.

Rural communities assistance Sec. 6949a.

certain guidelines and criteria Adequacy of

TITLE 42 CHAPTER 82 SUBCHAPTER V DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND RECOVERY • • • • • • Sec. 6951.

Sec. 6952.

Functions Development of specifications for secondary materials Sec. 6953.

Development of markets for recovered materials Sec. 6954.

Sec. 6955.

Technology promotion Marketing policies, establishment; nondiscrimination requirement Sec. 6956.

Authorization of appropriations

TITLE 42 CHAPTER 82 SUBCHAPTER VI - FEDERAL RESPONSIBILITIES • • • • • Sec. 6961.

State, and local law to Federal facilities Application of Federal, Sec. 6962.

Sec. 6963.

Federal procurement Cooperation with Environmental Protection Agency Sec. 6964.

disposal guidelines to Executive agencies Applicability of solid waste Sec. 6965.

report Chief Financial Officer

TITLE 42 CHAPTER 82 SUBCHAPTER VII MISCELLANEOUS PROVISIONS • • • • • • Sec. 6971.

protection Sec. 6972.

suits Employee Citizen Sec. 6973.

hazard Imminent Sec. 6974.

Petition for regulations; public participation Sec. 6975.

Separability Sec. 6976.

Judicial review • • • • • Sec. 6977.

Grants or contracts for training projects Sec. 6978.

Sec. 6979.

standards Payments Labor Sec. 6979a.

Transferred Sec. 6979b.

enforcement authority Law

• • • • • • • 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.

Sec. 6985.

on recovery of useful energy and materials Sec. 6986.

Grants for resource recovery systems and improved solid waste disposal facilities Sec. 6987.

Full-scale demonstration facilities Special study and demonstration projects Authorization of appropriations

• • • • • • • • • • TITLE 42 CHAPTER 82 REGULATION OF UNDERGROUND STORAGE TANKS SUBCHAPTER IX Sec. 6991.

Sec. 6991a.

Definitions and exemptions Sec. 6991b.

Notification Release detection, prevention, and correction regulations Sec. 6991c.

Sec. 6991d.

Approval of State programs Inspections, monitoring, testing, and corrective action Sec. 6991e.

Sec. 6991f.

Federal enforcement Federal facilities Sec. 6991g.

Sec. 6991h.

Sec. 6991i.

State authority Study of underground storage tanks Authorization of appropriations

• • • • • • • • • • • • TITLE 42 CHAPTER 82 SUBCHAPTER X DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM Sec. 6992.

Scope of demonstration program for medical waste Sec. 6992a.

Sec. 6992b.

Sec. 6992c.

Sec. 6992d.

Sec. 6992e.

Sec. 6992f.

Listing of medical wastes Tracking of medical waste Inspections Enforcement Federal facilities Relationship to State law Sec. 6992g.

Repealed. Pub. L. 105-362, title V, Sec. 501h1A, Nov. 10, 1998, 112 Stat. 3284 Sec. 6992h.

Sec. 6992i.

Health impacts report General provisions Sec. 6992j.

Sec. 6992k.

Effective date Authorization of appropriations

RCRA History

• Began as amendment to Solid Waste Disposal Act • Promulgation very slow • Administrative scandal • Most prescriptive environmental law passed • “It isn’t fun anymore.” Wm. Ruckelshaus during 2 nd 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 generated—including 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 Number of Municipal Landfills

8000 6000 4000 2000 0 1991 1996

Year

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Perception of Subtitle C

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