United States Solid Waste and
Environmental Protection Emergency Response
Agency (5305)
EPA530--S-94-040
October 1994
National Capacity
Assessment Report:
Capacity Planning Pursuant
to CERCLA Section 104(c)(9)
Executive Summary
DRAFT
Recycled/Recyclable
Printed on recycled paper that contains at
least 50% post-consumer recycled fiber
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National Capacity Assurance Report: Capacity Planning
Pursuant to CERCLA Section 104 (c)(9)
Executive Summary
Section 104 (c) (9) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERGLA) requires States to assure that
adequate capacity exists to manage hazardous wastes generated in their State for
20 years before EPA can expend any Superfund Remedial Action Trust funds in
the State. Under a program the Agency has implemented to help States fulfill this
statutory mandate, States submitted Capacity Assurance Plans (CAPs) to the
Agency as the basis of their assurance. The first CAPs were submitted to the
Agency in 1989. For these CAPs, each State had to demonstrate that it had
sufficient in-state capacity or agreements with other States to assure capacity for
20 years. Because of concerns raised by the States over the 1989 CAP process, the
Agency worked closely with the States to develop a CAP process focusing on
national capacity. On May 1, 1994, the States submitted CAPs to the Agency
pursuant to the May, 1993 Guidance for Capacity Assurance Planning, OSWER
Directive 9010.02. This Report describes the outcome of the CAP process pursuant
to this Guidance.
The Agency has conducted an analysis based on the information contained in
the CAPs submitted May 1, 1994, along with other information that was available
to EPA, which shows that there exists adequate national capacity. The Agency
will use this analysis, together with other data that becomes available, in
evaluating whether the assurance requirement of CERCLA 104 (c)(9) has been
met when entering into contracts or cooperative agreements with States. This
draft Report assesses the data used during this analysis and presents the
resolutions to a number of methodological issues raised in conducting this
assessment.
The States' CAP submissions contained data demonstrating knowledge of
their existing hazardous waste management systems and projecting through
2013 the demand for commercial management and the commercial management
capacity for treating these hazardous wastes. Data was presented for the years
1991,1993, 1999, and 2013 in 14 different waste management categories and
focused primarily on wastes regulated under Subtitle C of RCRA.
The Agency reviewed the State-submitted data for consistency and accuracy.
EPA then calculated the total national maximum demand on commercial Subtitle
C management by aggregating the States' projected demand and commercial
capacity in the year 2013. Based on this calculation, the Agency believes that
sufficient national capacity for the management of hazardous waste exists
through 2013, per the CERCLA 104 (c)(9) requirement. This analysis, which
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appears in Table VI of the Report, also accounts for the possible effects of future
rulemakings on capacity as well as for the demand placed on commercial
treatment capacity from nonhazardous wastes and small quantity generators.
While the Agency's analysis has shown that there is adequate national
capacity through 2013, States, market areas and/or regional groupings of States
should continue hazardous waste planning activities. Further planning activities
will add to States' knowledge of their hazardous waste management systems,
help them implement waste minimization programs, and encourage companies
to replace inefficient treatment technologies with safer and more innovative
technologies. Moreover, the national hazardous waste management system is
dynamic, as shown by the ongoing consolidation and restructuring of the
hazardous waste treatment industry. Thus, there is no guarantee that the
current projected surpluses of hazardous waste management capacity will
continue to exist. Because of this, the Agency will continue to assess the national
capacity situation. Accordingly, although the Agency believes the information
presented in this draft Report accurately portrays the adequacy of future
management capacity, the Agency will continue to collect and evaluate additional
data to ensure that the requirements of CERCLA 104 (c)(9) are satisfied.
The Agency is providing this draft Report to the States and the public for
comment on the data and the procedures used to conduct the assessment. Based
on the comments received on this Report, the Agency will modify, as appropriate,
its assessment.
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