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     The Congress intended RCRA to address the following



environmental problems:



     (1)  The ever-increasing amounts of waste material



          being generated as a result of National economic



          and population growth.



     (2)  Serious financial, management, intergovernmental,



          and technical problems in solid waste collection,



          treatment and disposal in urban areas resulting



          from population concentration.



     (3)  Open dumping of solid waste which needlessly



          pollutes valuable land resources as well as air



          and water resources.



     (4)  Human health and environmental dangers resulting



          from improper disposal of solid waste and especi-



          ally hazardous waste.



     (5)  Increasing amounts of pollution control residuals



          (sludges, etc.)  destined for land disposal as a



          result of the Clean Air Act, Water Pollution



          Control Act, and other Federal and State laws.



     (6)  The wasteful burial of recoverable resources with



          attendant increases in dependence on foreign



          energy and material sources, and in balance of



          payment deficits.



     (7)  The need to continue the development of solid



          waste as an energy source to conserve and reduce

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dependence on alternate energy sources such as petroleum,



natural gas, nuclear and hydroelectric generation.



     The goals and objectives of RCRA are to:



          °Promote the protection of health and the environ-



           ment ,  and



          °Conserve valuable material and energy resources.



     Congress intends that these goals and objectives be



achieved by:



     (1)  Providing technical and financial assistance and



          a broad-based information and public education



          program to State and local governments for devel-



          opment and implementation of solid waste manage-



          ment plans.



     (2)  Prohibiting future open dumping on land and



          requiring upgrading or closing of existing open



          dumps.



     (3)  Regulating the treatment, storage, transporta-



          tion, and disposal of hazardous wastes.



     (4)  Promulgation of guidelines for solid waste man-



          agement practices and systems.



     (5)  Conducting a research and development program for



          improved solid waste management and resource con-



          servation techniques.



     (6)  Demonstration of improved solid waste management



          and resource conservation and recovery systems.



     (7)  Establishing a cooperative effort among Federal,



          State,  and local governments and private enterprise,

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     Thus, the new Act mandates a comprehensive Federal-
State-local approach to all aspects of waste management,
including resource conservation and recovery, land disposal
of municipal and industrial wastes, and authorizes a new
regulatory program for hazardous wastes.
     Highlights of the new Act are:
     (1)   Solid waste is redefined to include waste sludges,
          liquids, and contained gases from industrial,
          commercial, mining, and agricultural operations,
          as well as the more traditional garbage and
          refuse we have usually regarded as "solid waste."
          Thus, the scope of solid waste management activi-
          ties has been expanded significantly.  Also note
          that hazardous waste is a sub-set of the overall
          solid waste definition.
     (2)   The term "disposal" is broadly defined to include
          "the discharge, deposit, injection, dumping,
          spilling, leaking, or placing of any solid waste
          or hazardous waste into or on any land or water
          so that such solid waste or hazardous waste or any
          constituent thereof may enter the environment or
          be emitted into the air or discharged to any
          waters, including groundwaters."  Thus, the multi-
          media impacts of solid waste disposal, including
          impacts on groundwater, are to be considered when
          EPA and State and local governments carry out the
          new Act's provisions.

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(3)   New solid waste  management guidelines,  similar in



     nature to those  previously developed by the Office



     of Solid Waste,  are mandated by the Act.



(4)   Technical assistance panels are to be formed to



     provide State and local governments, upon request,



     with advice and  assistance regarding all aspects



     of solid waste management, including hazardous



     waste management.  Not less than 20 percent of



     general appropriation funds are to be set aside



     for this purpose.  This reinforces Congress's



     intent that technical assistance is a major thrust



     of the new Act and is not to be overshadowed by



     the regulatory provisions.



(5)   After consultation with the States, within one



     year EPA is to define criteria for sanitary land-



     fills and open dumps.  Given the expanded solid



     waste and disposal definitions, these criteria may



     well apply to many other land disposal practices



     besides the traditional "landfill" for garbage and



     refuse.



(6)   All open dumps are to be inventoried (probably by



     the States) and  a list of such open dumps is to



     be published (by EPA) within two years.  There-



     after, open dumping of solid waste or hazardous

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     waste is prohibited unless such open dumps are



     under a timetable or schedule for compliance



     (meaning closure or upgrading to sanitary landfill



     status) established as part of a State's solid



     waste plan.   Compliance with the prohibition on



     open dumping can take no longer than five years



     after the inventory is published, in any event.



     Thus, seven  years from now, in 1984, all open



     dumping will be prohibited.  This provision will



     have a profound impact on solid waste management



     practices in this country, particularly in rural



     areas.



(7)   In cooperation with regional and local governments,



     States are to develop new solid waste plans which



     encompass all aspects of solid waste management,



     including resource conservation and recovery,  and



     hazardous waste management.  A substantial new



     planning and implementation grant program for State



     and local governments is provided for this pur-



     pose.  These comprehensive solid waste management



     plans will represent a major new thrust in many



     States.



(8)   Under RCRA,  all Federal facilities engaged in



     solid waste  or hazardous waste activities, and all



     Federal agencies having jurisdiction over solid



     waste facilities,  are subject to all Federal,  State,

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          interstate, and local requirements, both substan-



          tive and procedural.  This includes reporting and



          permit requirements.  Thus, for the first time,



          Federal facilities will require State or local



          solid waste permits.  This is a major departure



          from precedent established under air and water



          pollution control laws.



     The new Act contains many other important provisions,



but time, and, I suspect, your patience, will not allow me to



cover them here.  The highlights noted above should give you



a sense of the new scope and direction Congress intends for the



solid waste management activities in this country.'



Overview of Hazardous Waste Management Program



     With the enactment of RCRA last October, the U.S.



hazardous waste management program has entered a new phase.



For the first time, Congress has mandated Federal regulatory



control over land disposal of hazardous waste.  At the same



time, Congress made it clear that the States should imple-



ment the hazardous waste regulatory program as part of a compre-



hensive solid waste management program.  Special State grants



for development and implementation of hazardous waste manage-



ment programs are included in the new Act for that purpose.



     Before RCRA, the Federal hazardous waste management



program was aimed at developing a better data base concern-



ing hazardous waste characteristics, damage assessment, and

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control technology options; translating these data into



advisory guidances; assisting the States to develop their



programs; and providing technical assistance as needed.



     After RCRA, most of these elements remain in the Federal



program, but the emphasis has shifted to developing a compre-



hensive, integrated set of national standards for the defi-



nition and "cradle-to-grave" management of hazardous waste.



What were to be guidances will now be Federal regulations.



Instead of saying "you should do so-and-so," EPA can now say



"you shall do so-and-so."



     With these new powers come added responsibilities.  We .



can no longer philosophize about the way hazardous wastes



should be managed.  We are now mandated to say how hazardous



wastes will be managed.  The program we develop has got to



be tough enough to adequately protect the public health and



environment, and yet be practical enough that State and local



governments can implement it, and the private sector can live



with it.  The program is to be developed and in operation



by October 1978.  This is a tall order.  Clearly, EPA cannot



do it alone.



     Most people would agree that the State government level



is the optimum level to implement a hazardous waste manage-



ment regulatory program.  Many hazardous wastes are trans-



portable, and are in fact transported for hundreds of miles



to treatment and disposal sites within the State, or outside

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the State of origin.  Local and regional governments are

not well equipped to deal with this.  On the other hand,
                                                     \
the Federal government is not well equipped to deal with

State-by-State variations in climate, geology and other

factors influencing proper hazardous waste management.

     And yet the private sector, and many States, would like

to see uniform national standards for hazardous waste manage-

ment to remove the spectre of each State having different

standards, definitions, and criteria.

     All of this argues forcefully for a Federal/State

partnership in developing and implementing the national

hazardous waste management regulatory program.  Local govern-

ments also have a strong say in the matter, since the

hazardous waste treatment and disposal facilities, which must

be developed to make the regulatory program work, will be

located in their jurisdictions.

     Fortunately, most States agree with this premise.

Several States have already begun to develop hazardous waste

management programs on their own, ahead of the Federal pro-

gram.  As has been the case in other environmental areas,

the State of California was the first to develop and operate

a hazardous waste management program.  The Federal government

and most other State and local governments have a lot to

learn from the California experience in this area.  Later in

the program we will get a full briefing by California State

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and county personnel on how they did it and how



their program is working.  I will be taking notes.



RCRA Hazardous Waste Management Provisions



     Most of you by now probably have a reasonably good idea



of the hazardous waste management regulatory provisions in



RCRA.  They include a hazardous waste definition; national



standards for hazardous waste generators, transporters, and



treatment, storage and disposal facilities; a facility per-



mit program; guidelines for State assumption of the program;



and a one-time notification system to government by anyone



who generates, transports, treats, stores, or disposes of



hazardous waste.  Consequently, I won't dwell on these pro-



visions.  But perhaps it would be of interest to discuss how



all these provisions fit together into an integrated program.



Figure 1 is an attempt to pull all of the provisions together



on one page with an indication of their interrelationships.



     The keystone of the program is the definition of



hazardous waste.  This element determines the scope of the



program, and thus has an influence on whether or not States



choose to participate in the program.  Our goal is to base



the hazardous waste definition on objective criteria for



hazardous parameters such as flammability, corrosivity,



toxicity, etc.  This implies the development of standard



sampling and analysis methods by which a waste can be tested



against these criteria.   Wastes which are found to be



hazardous will then be placed on a list.
                              10

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Determines Scope of Program
Influences State Participation
                                 DEFINE
                            HAZARDOUS WASTE
                        NATIONAL STANDARDS
                      • Generators


                      • Transporters



                      • Facilities
STATE PROGRAM

Equivalent and
  Consistent
               Reporting, Labeling, Manifest>
               Reporting, Manifest
               Reporting, Design, Operation,
               Fiscal  Responsibility, etc.

                                                 o
                                                 0}
                                                 o
     Develop
        &
   Implement
    With EPA
Grant Assistance
                                     Standard
                                     Sampling
                                        &
                                     Analysis
                                     Methods
                                                                                                   AND
Establish
Cut Off
Levels
                                    PERMIT SYSTEM


                                        None


                                        None
                                    Storage, Treatment
                                    8 Disposal Facilities
                                                                                         State
                                                                                         Permi t
                                                                                         Program

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     Next come  the national  standards  for hazardous waste



generators,  transporters, and operators of hazardous waste



treatment,  storage, and disposal  facilities.  We view  these



standards as minimum  levels  of performance somewhat analogous



to speed limits.  They are independent, enforceable standards;



various legal sanctions can  be applied to violators.   Note



that all parties subject to  the standards are required to



notify EPA,  or  the State if  they  have an authorized program,



during a 90-day period following  final publication of  the



hazardous waste definition.



     Common  elements  of all  the standards are recordkeeping



and reporting requirements,  and compliance with a manifest



system, which is a waste tracking and control mechanism to



ensure that  hazardous wastes are  transported to approved



treatment and disposal facilities.  Each hazardous waste ship-



ment will require a manifest.  Thus we are talking about tens



of thousands of transactions per year on a national basis.



This implies that the manifest must be compatible with ADP



systems.  Since hazardous wastes are often transported across



State lines, we are coming to the conclusion that the mani-



fest system  should be uniform across the nation, if at all



possible.



     A permit system  for hazardous waste treatment/storage/



disposal facilities is mandated,  in addition to the national



standards.   Note that permits are required only for treatment/
                              12

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storage/disposal facilities.  Generators and transporters


who do not have such facilities do not require a permit.


     We look upon the permit system in a positive sense.


Whereas someone who violates a national standard can be


punished, a hazardous waste facility can only obtain a per-


mit if the Federal or State authorities believe the sur-


rounding community will be safe from harm.  If we can impart


this concept to the public, and preserve the integrity of


the permit system, we will go a long way towards overcoming


public opposition to siting new hazardous waste facilities.
                                    j

     As mentioned before, the Congress clearly intended for


the States to implement the hazardous waste program.  Among


other things, implementation implies issuing hazardous waste


facility permits, along with inspection and compliance


enforcement activities.  Several  States, including California,


do these things already, at least to some extent.  One


potential problem is that State programs, in order to be given


implementation authority for RCRA, must be  "equivalent" to


the Federal program and  "consistent" with other State pro-


grams.  We are wrestling with the interpretation of these


terms now.  The Congress evidently foresaw  this problem,


however, and provided  for  interim authorization, of State


programs for a 24-month  period while the details of full


authorization are being  worked out.  We intend  to be  liberal


in our requirements for  interim authorization, with the


understanding that State programs will  achieve  equivalency
                               13

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 in the 24-month transition period.   Federal grant funds are



 mandated for the development and implementation of these



 State  programs.



     In total,  then,  the  hazardous  waste  management program



 mandated by  RCRA is an  integrated,  comprehensive program



 keyed  to the definition of hazardous waste,  followed by a



 series of implementation  provisions.   These  provisions  con-



 sist of national standards,  a notification  system,  and  a



 facility permit  system  developed by the Federal government



 to  provide national consistency,  but intended to be imple-



 mented and enforced by  State governments with Federal finan-



 cial and technical assistance.   We  believe this is  a sensible



 and practical approach.   The interplay between  these program



 elements is  complex, however, and most likely will  require



 several  iterations as the  program develops and  matures.



 Current  Status of Regulation Development



     You may be  interested in our progress to date.  OSW has



 produced Development Plans for each hazardous waste  regula-



 tion.  The Development Plans contain a statement of  the



purpose  of the regulation; identify major issues; outline



how we will coordinate regulation development with other EPA



offices, and with State and local governments, other Federal



agencies, the Congress,  and the public; describe anticipated



requirements for environmental and economic impact appraisals;
                              14

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and provide an anticipated schedule for regulation prom-



ulgation. At present we are projecting final promulgation of



the hazardous waste regulations in April 1978, or 18 months



after RCRA enactment as mandated by the new law.



     Next, we are now preparing Advanced Notices of Proposed



Rulemaking, which will be published in the Federal Register



in the next few months.  These documents are intended to



alert the public that EPA is embarking on the regulatory



development process, and to solicit public comment on a



number of issues and options being considered by the Agency.



We hope you will comment on the issues and options discussed



in them; we need your input.



     Each regulation will be developed by a Working Group



composed of representatives from EPA Headquarters and regional



offices, and where appropriate, from other Federal agencies and



State and local governments.  For example, the  Department of



Transportation will be represented on the hazardous waste



transporter standards Working Group.  State and local govern-



ment representatives will be invited to participate in  the



Working  Groups developing the State hazardous waste program



guidelines  and the facility permit regulations.  All of these



Working  Groups will be activated  this month.



Public Participation



     EPA intends  to provide ample  opportunities for public



participation  in  the development  of the hazardous waste regu-



latory program.   We have  already  held  a public  meeting  on  the



new Act  in  Washington, D.C., in December.   Similar  public
                               15

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 meetings are scheduled in all 10 EPA regions throughout the



 country in late February and March of this year.



      Two sets of public hearings on each regulation are



 planned.   One series will be held after responses to the



 ANPRM's are received and before  proposed rulemaking is pub-



 lished in the Federal Register.   Another series  is planned



 after the proposed  regulations,  but before .final  regulations



 are  promulgated.



      Further,  OSW intends to form an Advisory  Committee which



 will  have a wide  range  of representatives  from the public  and



 private sectors.  We will look to the Advisory Committee for



 review and comment  on the hazardous  waste  regulations  as they



 develop.



      In addition, there will be  a series of  conferences  and



 workshops  on  specific technical  issues  as  they crop  up.  For



 example,  we  are already planning  such a conference to  discuss



 the application of  standard  leaching  tests as  they relate  to



 the question of hazardous waste definition.



     Finally, we plan to  develop  a public education  program to



effectively communicate the essence of hazardous waste issues



to the  general public.  The public education program being



pursued by the State of Minnesota as  part of the Chemical



Waste Landfill Grant program will provide useful input to  the



national program.  Clearly, the hazardous waste management



program cannot succeed without public understanding  and



support.
                              16

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     In summary, the new Resource Conservation and Recovery

Act mandates a wide range of new initiatives in solid waste

management which will have a substantial impact on public

health and environmental protection, and on material and

energy conservation and recovery.  The hazardous waste manage-

ment program is a sub-set of this overall program.  While our

attention is now focused on developing the new hazardous

waste regulations and guidelines mandated by the Act, we also

will continue our technical assistance and public education

efforts.  In the long view, the regulations are but the first

step in the national hazardous waste management program.  It

will take a joint effort by Federal, State and local govern-

ments, by industry, and by the public to translate these

beginnings into an effective program to protect the public

health and environment from the potential damage inherent in

improper hazardous waste disposal practices.

     The Congress has given us the green light to proceed

with this program.  It will be up to all of us to make  it

work.

     Thank you very much.
 pcrl490
 SW-584
                               ,,           BefiWaV, library
                               1'

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