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transporting, storing, or disposing of hazardous waste.  The
Agency believes that a successful legislative process to make
targeted changes to RCRA, could make the statute an even more
effective tool in safely managing our solid and hazardous waste.

     For more information on the RCRA Legislative Reform
Initiative, please contact any member of our RCRA Legislative
Reform Team: David Hockey, Team Leader, at 202 260-7596; Bob Hall
at 202 260-4498; or Judy Kertcher at 202 260-4522.  Thank you for
your interest in improving RCRA.


Attachment 1 - Outreach Plan
Attachment 2 - Draft Issue Papers

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ATTACHMENT  #1

SUBJECT:  Outreach Plan  for RCRA's Legislative Reform Initiative

  «
     The President's plan for developing targeted legislative
improvements to the Resource Conservation and Recovery Act  (RCRA)
places an important emphasis on soliciting input from multiple
stakeholders.  The process EPA is initiating today will provide
several opportunities for individuals from all major stakeholder
groups  (e.g., states, regulated community, environmental
community, general public) to present their individual ideas and
suggestions for improving the solid and hazardous waste system
under RCRA.

     The President's plan states that the Agency will convene a
outreach process by April 15, 1995 and will deliver to Congress a
package of legislative "rifle-shot" improvements to RCRA by
July 15, 1995.  In order to gather the multi-stakeholder input
and meet the ambitious schedule, EPA is taking several approaches
to this outreach strategy.

     EPA recognizes that 90 days is a relatively short time to
solicit the views of the numerous parties that may have interest
in RCRA legislative changes.  Therefore, EPA will convene a
roundtable comprised of individuals who generally reflect RCRA's
major stakeholder groups.  The roundtable members will each
provide the Agency with their own ideas and suggestions related
to this initiative.  EPA will hold three meetings of the
roundtable that will be open to the public and each meeting will
provide time for public comments and suggestions.

     The Agency also will meet, as time permits/ at the request
of individuals,  groups,  or coalitions who wish to present their
ideas and suggestions to the Agency.  Due to the short time
period, it would be helpful for individuals of similar interests
or supporting similar ideas to work together in presenting their
ideas to the Agency.  It also may be productive for groups or
coalitions to work with selected individuals of the roundtable;
the roundtable members will be announced shortly.

     Additionally,  EPA will be accepting written comments and
suggestions for the initiative that will be made available in a
public docket established for this process.  Meeting summaries,
roundtable meeting summaries, and any other documents relevant to
the initiative also will be placed in the docket. (See Attachment
#2 for details regarding the docket.)   Given the expedited
timeframe,  EPA will not prepare formal responses to all comments
and suggestions placed in the docket.

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Roundtable/Public Meeting Schedule

(Specific meeting sites and times will be announced in the
Federal Register by April 24th)
Number 1
Date:
EPA Region:
City/State:

Number 2

Date:
EPA Region:
City/State:

Number 3

Date:
Place:
City/State:
May 10, 1995
EPA Region V
Chicago, IL
May 23rd, 24th, or 25th, 1995 (to be decided ASAP)
EPA Region VI
Houston, TX
June 7, 1995
EPA Headquarters
Washington, D.C.

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ATTACHMENT #2

SUBJECT:  Draft Issue Papers

     Attached are draft issue papers developed to serve as a
starting point for discussions to prepare a package of "rifle-
shot" reforms to the Resource Conservation and Recovery Act
(RCRA) by July 15, 1995.  Each draft paper highlights a topic and
concern previously raised to the Agency by one or more
stakeholders regarding the statutory basis for managing solid and
hazardous waste.

     For your convenience, we have attempted to add as background
relevant citations to applicable statutory language, regulations,
and judicial cases (where any).  We caution the reader not to
infer any new EPA policy statements from these draft issue
papers.  These papers are staff-level attempts to summarize
issues on which the Agency has heard concerns expressed,  with
relevant citations added.

     In developing the package of targeted legislative reforms
for RCRA, EPA will be following the principles for reinventing
environmental protection outlined in the President's plan:

o    Protecting public health and the environment is an important
     national goal,  and individuals, businesses and government
     must take responsibility for the impact of their actions.

o    Regulation must be designed to achieve environmental goals
     in a manner that minimizes costs to individuals, businesses,
     and other levels of government.

o    Environmental regulations must be performance-based,
     providing maximum flexibility in the means of achieving our
     environmental goals, but requiring accountability for the
     results.

o    Preventing pollution, not just controlling or cleaning it
     up, is preferred.

o    Market incentives should be used to achieve environmental
     goals, whenever appropriate.

o    Environmental regulation should be based on the best science
     and economics,  subject to expert and public scrutiny, and
     grounded in values Americans share.

o    Government regulations must be understandable to those who
     are affected by them.

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o    Decision making should be collaborative, not adversarial,
     and decision makers must inform and involve those who must
     live with the decisions.

o    Federal, state, tribal and local governments must work as
     partners to achieve common environmental goals,  with
     non-federal partners taking the lead when appropriate.

o    No citizen should be subjected to unjust or disproportionate
     environmental impacts.

     We welcome your ideas and suggestions for improving the
Resource Conservation and Recovery Act.  The public must send an
original and two copies of their comments and suggestions to the
following address, and please place the docket number
F-95-LRRA-FFFFF on your submittal.

     RCRA Information Center (5305)
     U.S. Environmental Protection Agency
     401 M Street, S.W.
     Washington, D.C. 204"60

     You also can contact any member of the RCRA Legislative
Reform Team for more information:

     David Hockey, Team Leader
       phone 202 260-7596
       fax   202 260-9355

     Judy Kertcher
       phone 202 260-4522
       fax   202 260-9355

     Bob Hall
       phone"202 260-4498
       fax   202 260-9355

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                   Staff Draft-Far Discussion Purposes Only 1
                   Resource Conservation and Recovery Act
                        Issue for Discussion Regarding
                              Legislative Action

Topic       Listing Determinations

Concern    When determining whether to list a waste as hazardous, the Agency
            considers plausible mismanagement scenarios (e.g., management in
            an unlined surface impoundment) in order to be protective.  However,
            if the waste in question is currently or can be managed under
            enforceable, good management practices that protect human health
            and the environment, then mismanagement may no longer be
            plausible, and full RCRA hazardous waste requirements may not be
            necessary.

Background

Statutory

      Section 3001(a)--Criteria for Identification or Listing [of Hazardous Waste]

            ....the Administrator shall....develop and promulgate criteria
            for....listing hazardous waste....

      Section 1004(5)--Definition  of Hazardous Waste

            The term "hazardous  waste"  means a solid waste....which because of
            its quantity, concentration, or physical, chemical, or infectious
            characteristic may....pose a substantial present or potential  hazard to
            human health or the environment when improperly  treated, stored,
            transported, or disposed of, or otherwise managed.

      Section 7003-lmminent Hazard Authority

            [U]pon receipt of evidence that the past or present handling ... of any
            solid or hazardous waste may present an imminent and substantial
            endangerment to health or the environment,  the Administrator may
            bring suit .... [or] issute] orders as shall be necessary to protect  public
            health and the environment.

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                  I Staff Draft-For Discussion Purposes Only 1
Regulatory



      Title 40, Code of Federal Regulation, Parts 260, 261.



Judicial




      Edison Electric Institute v. U.S. EPA. 2 F.3d 438 (D.C.Cir. 1993).

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                  I Staff Draft--For Discussion Purposes Only 1
                    Resource Conservation and Recovery Act
                         Issue for Discussion Regarding
                               Legislative Action

Topic       Management Requirements

Concern    Once a waste is identified as hazardous, through a listing or by
            exhibiting a characteristic, all of the applicable requirements for the
            generator, transporter, and facility treating, storing, or disposing of
            the waste apply.  Thus, the regulatory implications of a decision
            about whether a waste is hazardous are "all or nothing"; there is
            currently no middle  ground. However, it may be possible that for
            certain wastes and scenarios the full  hazardous waste management
            requirements are not needed; the application and enforcement of
            specific, tailored good management practices could negate the risk
            posed for that waste, and thus the need for a hazardous waste
            designation.

Background

Statutory

      Section 3004(a)--Standards Applicable to Owners and Operators of
      Hazardous Waste Treatment, Storage, and Disposal Facilities

            ...the Administrator shall  promulgate  regulations establishing such
            performance standards, applicable to owners and operators of
            facilities for the treatment,  storage, and  disposal of hazardous waste
            identified or listed under this subtitle  as necessary to protect human
            health and the environment....  Such standards shall include, but need
            not be limited to, requirements respecting- (1)  maintaining records...
            (2) satisfactory  reporting, monitoring, and  inspection and compliance
            with the manifest system... (3) operating methods, techniques, and
            practices as may be satisfactory... (4) location, design, and
            construction... (5) contingency plans... (6) maintenance of
            operation... qualifications as to ownership, continuity of operation,
            training for personnel, and financial responsibility (7) compliance with
            [permit] requirements...

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                  f Staff Draft--For Discussion Purposes Ontv 1
      Section 3005(a)--Permit Requirements

            the Administrator shall....[require] each person owning or operating
            an existing or planning to construct a new facility for the treatment,
            storage, or disposal of hazardous waste to have a permit....

      Section 3005(c)--Permit Issuance

            Upon a determination....of compliance....for which a permit is applied
            for under this section with the requirements of this section and
            section 3004, the Administrator shall issue a permit for such facilities.

      Section 3004(m)(1) and (2)--Treatment Standards for Wastes Subject to
      Land Disposal Prohibitions

            (1) ....the  Administrator shall....promulgate regulations specifying
            those levels or methods of treatment, if any, which substantially
            diminish the toxicity of the waste or substantially reduce the
            likelihood of migration of hazardous constituents  from the waste so
            that short-term and long-term threats to human health and the
            environment are  minimized.

      Section 3004(u)--Continuing Releases at Permitted Facilities

            Standards promulgated under this section shall require,  and a permit
            issued....by the Administrator or state shall require, corrective action
            of all releases of hazardous waste or constituents from any solid
            waste management unit at a treatment, storage,  or disposal facility
            seeking a permit under this subtitle, regardless of when the waste
            was placed in such unit.  Permits issued under section 3005 shall
            contain schedules of compliance for such corrective action (which
            such corrective action cannot be completed prior to issuance of a
            permit) and assurances of financial responsibility  for completing such
            corrective action.

Regulatory
      Title 40, Code of Federal Regulation, Parts 264, 265, 266, 267, 268, 270.

Judicial
      No specific cites.

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                  I Staff Draft-For Discussion Purposes Only 1


                   Resource Conservation and Recovery Act
                         Issue for Discussion Regarding
                              Legislative Action

Topic       RCRA Permits

Concern    For low-risk hazardous waste management facilities (e.g., storage-
            only facilities), the  requirement to obtain a RCRA permit (and to meet
            associated management requirements) can in some cases lead to high
            administrative costs while resulting in little or no increased
            environmental benefit.  Cumbersome permit requirements can also
            delay the transition from less stringent interim status standards to
            other, more appropriate, management standards.

Background

Statutory

      Section 3005(a)--Permit Requirements

            the Administrator shall....[require] each person owning or operating
            an existing or planning to construct a new facility for the treatment,
            storage, or disposal of hazardous waste to have a permit....

      Section 3005(c)--Permit Issuance

            Upon a determination....of compliance....for which a permit is applied
            for under this section with the requirements of this section and
            section 3004, the Administrator shall issue a permit for such facilities.

      Section 3004(u)--Corrective Action

            [A] permit issued after November 8, 1984, ... shall require corrective
            action for all releases of hazardous waste or constituents from any
            solid waste management unit....

Regulatory

      Title 40, Code of Federal  Regulation, Part 270;  sec. 264.101

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                   f Staff Draft-For Discussion Purposes Only 1
Judicial




      No specific cites.

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                  I Staff Draft—For Discussion Purposes Only 1


                   Resource Conservation and Recovery Act
                         Issue for Discussion Regarding
                              Legislative Action

Topic       Prescriptive Requirements

Concern    The RCRA requirements governing certain hazardous wastes can be
            prescriptive and may be impractical to implement in certain situations
            (e.g., radioactive waste mixed with hazardous waste). In addition,
            certain RCRA requirements may be economically unreasonable to
            implement, where they have a major impact on the regulated entity
            without a corresponding environmental benefit (e.g., small businesses
            that do not meet the technical requirements for the small quantity
            generator exemption from most RCRA requirements).

Background

Statutory    (Principally, the following examples have been mentioned)

      Section 3004(a)--Standards Applicable to Owners and Operators of
      Hazardous Waste Treatment, Storage, and Disposal Facilities

            ...the Administrator shall promulgate regulations establishing such
            performance standards, applicable to owners and operators of
            facilities for the treatment, storage, and disposal of hazardous waste
            identified or listed under this subtitle.... Such standards shall include,
            but need not  be limited to, requirements respecting--. (1)  maintaining
            records... (2) satisfactory reporting, monitoring, and inspection and
            compliance with the manifest system... (3) operating methods,
            techniques, and practices as may be satisfactory... (4) location,
            design, and construction... (5) contingency plans... (6) maintenance
           . of operation... qualifications as to ownership, continuity of operation,
            training for personnel, and financial responsibility (7) compliance with
            [permit] requirements...

      Section 3004(m)(1) and (2)--Treatment Standards for Wastes Subject to
      Land Disposal Prohibitions

            (1) ....the Administrator shall....promulgate regulations specifying
            those levels or methods of treatment, if any, which substantially
            diminish the toxicity of the waste or substantially reduce the
            likelihood of migration of hazardous constituents from

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                  f Staff Draft-For Discussion Purposes Only 1
            the waste so that short-term and long-term threats to human health
            and the environment are minimized.

      Section 3004(u)--Continuing Releases at Permitted Facilities

            Standards promulgated under this section shall require, and a permit
            issued....by the Administrator or state shall require, corrective action
            of all releases of hazardous waste or constituents from any solid
            waste management unit at a treatment, storage, or disposal facility
            seeking a permit under this subtitle,  regardless of when the waste
            was placed in such unit.  Permits issued under section 3005 shall
            contain schedules of compliance for such corrective action (which
            such corrective action cannot be completed prior to issuance of a
            permit) and assurances of financial responsibility for completing such
            corrective action.

Regulatory

      Title 40, Code of Federal Regulation, Parts 260, 262, 263, 264, 265, 266,
      267, 268.

Judicial

      No specific cites.

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                  [ Staff Draft-For Discussion Purposes Only 1
                   Resource Conservation and Recovery Act
                        Issue for Discussion Regarding
                              Legislative Action

Topic       Land Disposal Restrictions

Concern    The land disposal restrictions prevent the disposal of hazardous waste
            on the land until levels of treatment are met which ensure that short-
            term and long-term threats to  human health and the environment are
            minimized.  For some wastes,  this provision could be interpreted to
            require the treatment of the waste's hazardous constituents to levels
            below those which the Agency would consider necessary to protect
            human health and the environment.

Background

Statutory

      Section 3004(m){1) and (2)--Treatment Standards for Wastes Subject to
      Land Disposal Prohibitions

            (1) ....the Administrator shall....promulgate regulations specifying
            those levels or methods of treatment, if any, which substantially
            diminish the toxicity of the waste or substantially reduce the
            likelihood of migration of hazardous constituents from the waste so
            that short-term and long-term  threats to human health and the
            environment are minimized.

            (2) If such hazardous waste has been treated to the level or by a
            method specified....such waste or residue thereof....may  be disposed
            of in a land disposal facility.

Regulatory

      Title 40, Code of Federal Regulation, Part 268

Judicial
      Hazardous Waste Treatment Council v; U.S. EPA (HWTC III). 886 F.2d 355
      at 361-65 (D.C. Cir. 1989)

      Chemical Waste Management v. U.S. EPA ("Third-Third" case),  976 F.2d 2,
      at 14, 31-32 (D.C.Cir. 1992).

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                  I Staff Draft-For Discussion Purposes Only 1
                   Resource Conservation and Recovery Act
                        Issue for Discussion Regarding
                              Legislative Action

Topic       Treatment Requirements

Concern    The land disposal restrictions require the treatment of waste to
            specified levels or with a specified technology before the waste can
            be dispose on the land. However, under some circumstances, the
            process of treating certain wastes to meet LDR requirements may
            itself pose a greater risk to human health and the environment than
            land disposal or other alternative management practices.

Background

Statutory

      Section 3004(m)(1) and (2)-Treatment Standards for Wastes Subject to
      Land Disposal Prohibitions

            (1) ....the Administrator shall....promulgate regulations specifying
            those  levels  or methods of treatment, if any, which substantially
            diminish the toxicity of the waste or substantially reduce  the
            likelihood of migration of hazardous constituents from the waste so
            that short-term and long-term threats to human health and the
            environment are minimized.

            (2) If such hazardous waste has been treated to the level or by a
            method specified....such waste or residue thereof....may  be disposed
            of in a land disposal facility.

Regulatory

      Title 40, Code of Federal Regulation, Part 268

Judicial

      American Petroleum Institute v.  U.S. EPA. 906 F.2d  729, at 735-36 and
      738 (D.C.Cir. 1990)

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                  I Staff Draft—For Discussion Purposes Only 1

                                                          i
                    Resource Conservation and Recovery Act
                         Issue for Discussion Regarding
                               Legislative Action

Topic       Untreated Waste Disposal

Concern    The RCRA requirements preventing the disposal of untreated waste
            on the land unless it can be proven that the waste will not migrate
            from the unit as long as the waste remains hazardous (potentially
            thousands of years), may prevent the safe disposal of low-risk
            untreated or partially treated waste in certain land based units (i.e.,
            deep well injection).

Background

Statutory

      3004(d)(1)--Prohibitions on Land Disposal of  Specified Wastes

            ....a method of land disposal [for a specified untreated hazardous
            waste] may not be determined to be protective of human health and
            the environment.... unless,....it has been demonstrated to the
            Administrator, to a reasonable degree of certainty, that there will be
            no migration of hazardous constituents from the disposal unit or
            injection zone for as long as the waste remain hazardous.

Regulatory

      Title 40, Code of Federal Regulation, section  268.6

Judicial

      Brent Kav v. U.S. EPA. C.A. No. 6:90 CV582 (Aug. 3, 1993) (unpublished)

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                  [ Staff Draft-For Discussion Purposes Only 1


                    Resource Conservation and Recovery Act
                         Issue for Discussion Regarding
                               Legislative Action

Topic       Deferral of RCRA Requirements

Concern    Court opinions addressing the management of hazardous wastes
            under alternative protective authorities (e.g., Clean Water Act), in lieu
            of RCRA Subtitle C, have left EPA's authority to defer to these
            authorities unclear.

Background

Statutory

      Section 1006(b)--lntegration with Other Acts

            The Administrator shall integrate all provisions of this Act....and shall
            avoid duplication, to the maximum extent practicable, with the
            appropriate provisions of [the Clean Air Act, Federal Water Pollution
            Control Act, Federal Insecticide,  Fungicide, and Rodenticide Act,  Safe
            Drinking Water Act, the Marine Protection, Research and Sanctuaries
            Act,] and following  and such other Acts of Congress as grant
            regulatory authority to the Administrator. Such integration shall be
            effected only at the extent that it can be done in  a manner consistent
            with the goals and policies expressed in  this Act and  in the other acts
            referred to in this subsection.

Regulatory

      No specific cite in the Code of Federal Regulations.

Judicial

      Edison Electric Institute v. U.S. EPA.  2  F.3d 438 (D.C.Cir. 1993).

      Chemical Waste Management v. U.S. EPA ("Third-Third" case), 976 F.2d 2,
      at 25 (D.C.Cir. 1992).

      State of Colorado v. U.S. Department of the Armv. 707 F.Supp. 1562, at
      1566-67 (D.Colo. 1989).

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                  f Staff Draft-For Discussion Purposes Only 1


                   Resource Conservation and Recovery Act
                        Issue for Discussion Regarding
                              Legislative Action

Topic       Indian Tribal Program Approval

Concern     EPA has explicit statutory authority to authorize states to implement
            hazardous and solid waste management programs. RCRA does not
            explicitly mention Indian Tribes in its discussion of authorization
            authorities; this omission has led some to challenge EPA's authority
            to approve qualified Tribal programs.

Background

Statutory

      Section 3006(b)--Authorization of State Programs

            Any State  which seeks to administer and enforce a hazardous waste
            program....may develop and....submit to the Administrator [a]n
            application....for authorization for such program.

      Section 4005(c)(1)(C)--Upgrading of Open Dumps-Control of Hazardous
      Disposal

            The Administrator shall determine whether each State has developed
            an adequate [permit program to assure that solid waste management
            facilities within such State which may receive hazardous household
            waste or small quantity generator waste will be in compliance with
            the upgraded open dumping criteria].

Regulatory

      Title 40, Code of Federal Regulation Parts 258, 271, 272

Judicial

      No specific cites.

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                  [ Staff Draft-For Discussion Purposes Only 1
                   Resource Conservation and Recovery Act
                        Issue for Discussion Regarding
                              Legislative Action

Topic       Recycling of Hazardous Waste

Concern     Facilities treating or storing a hazardous waste need to obtain a
            permit and comply with all applicable management standards (e.g.,
            land disposal restrictions, facility-wide  corrective action, financial
            assurance).  However, some facilities that recycle hazardous waste
            may not pose significant risks to human health and the environment
            or may need less than full RCRA hazardous waste regulation to
            ensure safe handling of waste.  The need to comply with the full
            panoply of hazardous waste requirements may discourage the
            potential safe recycling of hazardous wastes. To better encourage
            appropriate recycling, certain of these  wastes may not need to be
            defined and regulated as a solid waste under RCRA.

Background

Statutory

      Section  1004(34)-Definition of Treatment

            ....any method, technique, or process....designed to change
            the....character or composition of any  hazardous waste so as to
            ....render, such waste....amenable for recovery....

      Section  3005{a)-Permit Requirements

            the Administrator shall....[require] each person owning or operating
            an existing or planning to construct a new facility for the treatment,
            storage, or disposal of hazardous waste to have a permit....

      Section  3005(c)--Permit Issuance

            Upon a determination....of compliance....for which a permit  is applied
            for under this section with the requirements of this section and
            section 3004, the Administrator shall issue a permit for such facilities.

      Section  3004(u)--Continuing Releases at Permitted Facilities

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                  [ Staff Draft-For Discussion Purposes Only 1
            Standards promulgated under this section shall require, and a permit
            issued....by the Administrator or state shall require, corrective action
            of all releases of hazardous waste or constituents from any solid
            waste management unit at a treatment, storage, or disposal facility
            seeking a permit under this subtitle, regardless of when the waste
            was placed  in such unit.  Permits issued under section 3005 shall
            contain schedules of compliance for such corrective action (which
            such corrective action cannot be completed prior to issuance of a
            permit) and  assurances of financial responsibility for completing such
            corrective action.
Regulatory
      Title 40, Code of Federal Regulation, Parts 260, 261, 262, 263, 264, 266,
      268, 270.

Judicial

      American Mining Congress v. EPA (AMC I). 824 F.2d 1177 (D.C.Cir. 1987)

      American Petroleum Institute v. EPA (API). 906 F.2d 729 (D.C.Cir.  1990)

      American Mining Congress v. EPA (AMC II). 907 F.2d 1179 (D.C.Cir. 1990)

      Steel Manufacturers Association v. EPA. 27 F.3d 642 (D.C.Cir. 1994)

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                  [ Staff Draft-For Discussion Purposes Only 1
                   Resource Conservation and Recovery Act
                        Issue for Discussion Regarding
                              Legislative Action

Topic       Corrective Action

Concern     Under current RCRA requirements, hazardous wastes from cleanup
            activities (e.g., corrective action and related activities) are subject to
            the same permitting, treatment, disposal and other requirements as
            newly generated and managed hazardous waste. However, many of
            the requirements for as-generated hazardous wastes are inappropriate
            for soil and groundwater contaminated with such wastes, and EPA
            may lack sufficient authority to modify these requirements.  The
            application of full RCRA hazardous waste requirements to cleanup
            wastes may act as a disincentive for cleanup, eliminate practical and
            effective  remedies from consideration, deter the use of innovative
            technologies, and result in excessively costly cleanups.

Background

Statutory

      Section 3004(m)(1) and (2)~Treatment Standards for Wastes Subject to
      Land Disposal Prohibitions

            (1) ....the Administrator shall....promulgate regulations specifying
            those levels or methods of treatment, if any, which substantially
            diminish the toxicity of the waste or substantially reduce the
            likelihood of migration of hazardous constituents from the waste so
            that short-term and long-term threats  to human health and the
            environment are minimized.

      Section 3004(u)--Continuing Releases at Permitted Facilities

            Standards promulgated under this section shall require, and a permit
            issued....by the Administrator or state shall require, corrective action
            of all releases of hazardous waste or constituents from any solid
            waste management unit at a treatment, storage, or disposal facility
            seeking a permit under this subtitle, regardless of when the waste
            was placed in such unit. Permits issued under section 3005 shall
            contain schedules of compliance for such corrective action (which
            such corrective action cannot be completed prior to issuance of a

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                  [ Staff Draft-For Discussion Purposes Only 1
            permit) and assurances of financial responsibility for completing such
            corrective action.
Regulatory

      Title 40, Code of Federal Regulation, Parts 264, 265, 266, 267, 270, 271

Judicial

      No specific cites.

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                  [ Staff Draft-For Discussion Purposes Only 1

                                                          t
                    Resource Conservation and Recovery Act
                         Issue for Discussion Regarding
                               Legislative Action

Topic       Hazardous Waste Manifest

Concern    EPA may lack clear statutory authority to provide flexibility to the
            manifest system in order to provide significant reductions in paper
            work burdens.

Background

Statutory

      Section 3002(a)(5)--Standards Applicable to Generators of Hazardous Waste

      Such standards shall establish requirements respecting—....use of a
      manifest system or any other reasonable means necessary to assure  that all
      such hazardous waste generated is designated for treatment, storage, or
      disposal in and arrives at, treatment, storage, or disposal facilities (other
      than facilities on the premises where the waste is generated) for which a
      permit has been  issued as provided in this subtitle...

Regulatory

      Title 40, Code of Federal Regulation, Parts 262.

Judicial

      No specific cites.

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