STATEMENT OF SW-603 HONORABLE DOUGLAS M. COSTLE ADMINISTRATOR ENVIRONMENTAL PROTECTION AGENCY BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE HOUSE OF REPRESENTATIVES APRIL 26, 1977 Mr. Chairman and Members of the Subcommittee: Good morning. I am Douglas M. Costie, the Adminis- trator of the Environmental Protection Agency. I thank you for the invitation to appear before the Subcommittee to review EPA's progress in implementing the Resource Con- servation and Recovery Act of 1976 (P.L. 94-580, RCRA). I am particularly pleased to have this opportunity to discuss solid waste management issues with you, for I view the resolution of these issues to be a vital link in the envir- onmental protection" chain. The provisions of RCRA offer the Nation the opportunity to deal with the problems of solid waste management through a partnership of the Federal Government, State and local government, industry, and the American public. The Act recognizes that previous environmental laws have made impacts on the environment and it is because of these impacts that HCRA redefines solid waste in such a way as to ensure that all wastes which are not properly managed under other environmental laws will be managed under the authorities ------- of RCRA. RCRA recognizes that solid waste can represent a resource out of place, and it establishes a long-range program to bring about the changes necessary to utilize rather than waste this resource. The objectives of RCRA are the protection of health and the environment and the con- servation of valuable materials and energy resources. These objectives are to be met through a three-pronged attack— hazardous waste control, acceptable land disposal, and resource conservation—focused through the institutions of State and local government. RCRA is now six months old. Today I want to review with you the work EPA has initiated to implement the Act. I am pleased with our progress and hope that you will be, also. We have begun to develop a detailed strategy and plans which will allow us to proceed intelligently with implemen- tation. An intra-agency group has been established to develop a five-year strategy to implement RCRA. This group is working to develop the guidance that is necessary for the Federal Government, State and local government, industry, and the public to build the environmental partnership necessary to achieve the objectives of RCRA. There are strong interrelationships between the issues of land disposal, hazardous waste control, and resource conservation. EPA's definition of hazardous waste will ------- greatly affect the economic viability of resource conserva- tion initiatives. Whether we are able to remove the insti- tutional barriers that prevent increased resource conser- vation measures, and to provide systems and technology for resource conservation will greatly determine how successful the hazardous waste regulatory program and land disposal programs will be. Finally, our handling of these strategic issues, and the extent to which we can provide the necessary technical and financial assistance to State and local government, will determine whether State and local govern- ment will assume the responsibilities of RCRA. State and local government participation is the key to success for RCRA. The establishment of Resource Conservation Panels, mandated by section 2003 to provide technical assistance to State and local government in solving their problems, is a new and unique idea. During the past several months our Office of Solid Waste (OSW) has engaged in intense dialogue with State and local government, the public, and the solid waste management industry to determine the best way to implement this section of RCRA. We believe that such activities can best be managed by EPA's Regional Offices working closely with State solid waste management programs. At the regional level, most of the technical assistance will come from the utilization of consultant expertise and ------- through "peer-matching" of experts from State and local government and industry with proven track records of successful solid waste management problem-solving. At the Headquarters level, we will continue to develop tools for problem-solving and to provide support to organizations that can provide expertise through "peer-matching." Our plans are now being developed to carry out this program, which will be initiated in FY 78. The Subtitle C provisions of RCRA provide for regu- lations and guidelines to assist State government in establish- ing hazardous waste programs. Assumption of this program by State government will minimize the need for EPA to establish hazardous waste permit and enforcement programs. OSW started work in February on all required regulations and guidelines, with the support and assistance of all portions of EPA, including the Regional Offices, and the Office of Enforcement (OE), which is involved because RCRA provides the first Federal authority under which EPA may act in solid waste enforcement matters. State representatives are also participating with all EPA groups in preparing the regu- lations. I have approved the Advanced Notice of Proposed Rulemaking (ANPR) on the hazardous waste regulations, and it will be published in the Federal Register this week. Discussions have been held with many State officials, industry representatives, and public interest groups on what the regulations should include and how they should be ------- 5 written. Over the past few months we have held a variety of public meetings around the country to discuss the various regulations. Numerous discussions have been held with State and local governments and industry about the criteria and the supportive analytical and sampling systems essential to the determination of a hazardous waste. Supportive contract work essential to the development of the section 3004 hazardous waste treatment, storage, and disposal facility regulations is being initiated. We plan to provide a data management system for the States to use in establishing the manifest and permit system required by sections 3002 and 3005, and work is under way to develop that system. We have held meetings with all States to discuss the required section 3006 State hazardous waste program guidelines. Information from these meetings will be extremely helpful in developing guidelines to maximize State assumption of the hazardous waste provisions of RCRA. Lastly, OSW is developing the notificiation system mandated by section 3010. We have initiated all efforts required in Subtitle D of RCRA. I have approved the Regional Identification Guide- lines required by section 4002(a) and transmitted them for publication in the Federal Register. The development of these guidelines is truly reflective of how a joint effort by a Federal agency, the Regional Offices, State and local government, industry, and the public can work. Within EPA ------- 6 we have coordinated our efforts with the Office of Water and Hazardous Materials because of the close relationship of the solid waste planning program with the water quality management planning and the safe drinking water programs. OSW started very early in the development stages of these guidelines to involve all parties in their conceptualization, and this involvement enabled EPA to publish these guidelines near the times mandated in RCRA. We have begun the development of the State solid waste management planning guidelines. The same public participation procedures utilized in the section 4002(a) guidelines will be followed in preparing these guidelines. Work has been initiated to develop the sanitary landfill and open dump criteria. Meetings have been held in Washington and our Regional Offices with experts in land disposal, State solid waste management program managers, and local government to gain input on how and what should be included in the criteria. We have initiated efforts to promulgate land disposal guidelines under the authorities of section 1008. We currently plan separate guidelines in the areas of disposal of municipal solid waste and municipal wastewater treatment sludge. These guidelines will describe methods and techniques that could be used by State and local govern- ments to meet the sanitary landfill criteria. It seems logical to have State government conduct the land disposal site inventory with EPA guidance, since it will be State government that must plan to correct existing disposal ------- deficiencies. It is our intent to provide financial assistance to State agencies to conduct the inventory. We have negotiated an agreement with the Bureau of the Census to provide the computer and data systems support necessary to conduct the inventory. We have also provided additional funds to State agencies this fiscal year to enable them to accelerate their efforts. At the beginning of FY 1978 they will be able to get their planning under way, start the inventory, and begin implement- ing portions of their plans as they are approved by EPA. We have also begun the development of all regulations for the financial assistance grant programs authorized by Subtitles C and D. RCRA clearly defines what the Federal Government must do with its own solid waste systems. We have held several briefings with various Federal agencies to discuss the provisions of RCRA and to discover how they can best meet the provisions of Subtitle F. Prior to RCRA, the Resource Recovery Act of 1970 required EPA to issue solid waste management guidelines which were mandatory for the Federal establishment. Section 6004 of the Act contains the same mandatory provisions. • We are actively working with the Federal agencies to implement the six mandatory guidelines that are now in effect. Pilot programs for office paper recycling will be implemented in all ten Federal regions this fiscal year. Additionally, OSW is assisting the ------- 8 Department of Defense in pilot programs to implement the beverage container guidelines. The Federal establishment has completed its survey of land disposal practices on Federal land and is now developing its own plans to improve its practices to meet the land disposal guidelines. Dis- cussions have been held with the Department of Commerce and the Office of Procurement Policy regarding the procurement provisions of section 6002. Subtitle H requires a variety of studies related to resource conservation and a full range of research, develop- ment, and demonstration activities on the recovery of energy and materials and the disposal of other residuals. Work on all of these studies which must be completed by October 1978 has begun either with in-house staff or through contractor support. We have begun the work of the Resource Conservation Committee mandated by section 8002(j). We believe this Committee is essential to provide the impetus for the institu- tional changes necessary to increase resource conservation. Hopefully, the findings of this committee will open the door to State and local government and industry to enter ------- actively and successfully into resource conservation at all phases of the materials use and waste generation cycles. The Committee has been established, and a meeting of the representatives of the Committee members was held on March 24. At that meeting the representatives were briefed on the plan and schedule for the Committee work. That plan and a progress report are now undergoing review by the members of the Committee. We are working with the Energy Research and Development Administration (ERDA) to implement Section 8001(b)(2), which requires that EPA and ERDA coordinate and cooperate in areas concerning research, development, and demonstration of resource recovery technologies. I hope that I will be able to report progress toward meeting the objectives of this section in the future. Our energy research program contains efforts to study and alleviate potential adverse environmental effects detected in some resource recovery systems. The resource recovery research program also includes: studies in waste processing x and preprocessing for resource recovery; development of chemical feedstock from municipal solid waste; alternative systems for management of waste tires; and upgrading of oils through pyrolysis. ------- 10 In the hazardous waste area, the ongoing program includes research in such areas as: pollution potential of hazardous materials disposed of in landfills; migration and attenuation of hazardous pollutants through various soils; study of current deep well injection practices, fixation, encapsulation, and detoxification techniques; disposal by microwave plasma and incineration; and cost benefit analysis and tradeoffs in treatment/disposal options. More than a third of our research is concerned with improvement in site selection, design, operation, remedial actions, and environmentally acceptable alternative methods of land disposal. These efforts will be very helpful in establishing the required land disposal criteria and guidelines Although the ongoing program of our Office of Research and Development (ORD) was supportive of RCRA, it was not primarily geared to meeting all mandated deadlines. Eleven new research initiatives necessary to RCRA were identified, and ORD is now proceeding with them on a priority basis. In addition, existing research and development activities associated with municipal wastewater sludges will be expanded to provide support for the development of guidelines for the disposal of sludges planned under Section 1008 of RCRA. ------- 11 I am particularly pleased with the way that EPA has initiated the public participation and information portions of RCRA. Shortly after the enactment of RCRA, we held our first large public meeting in Washington to review the key provisions and issues of RCRA. 'Subsequently, we have held meetings in each Federal region with State and local government officials, industry representatives, citizens, and public interest groups to discuss RCRA. A full record was taken of these meetings, and the transcripts will be made available upon request through our solid waste information distribution system. Additionally, we are analyzing these transcripts to ensure that the input provided is fully considered. As I have mentioned previously, separate public meetings have been held on every regulation and guideline mandated by Subtitles C and D of RCRA. These meetings have been held throughout the country to ensure that the public has full opportunity to participate in the implementation of RCRA. Additionally, we have initiated joint efforts with several national organizations, including the National Governors Conference, National Association of Counties, American Public Works Association, and National League of Cities to participate with us on a continuing basis at every stage of development of all RCRA actions. We have also developed a public participation plan available to anyone desiring it ------- 12 to help interested parties to understand how we plan to ensure public participation in the implementation of RCRA. The guidelines for public participation and the citizen suit regulations required by Subtitle G are under development at this time and are being actively discussed with all outside groups. The development and dissemination of solid waste management data and information is an important function of our Office of Solid Waste. RCRA recognizes that the only way to implement necessary changes on any public issue is to have an informed public to support those changes. To help build that informed public, we are accelerating our efforts to increase the information available about RCRA and related issues. Time does not permit me to review every provision of RCRA and report to you on our progress. Hopefully, you can see from this brief overview that we have made considerable progress since passage of the Act six months ago. I would be less than candid if I did not tell you that our plans and schedules to implement RCRA are highly optimistic. The mandated dates in RCRA are extremely short. Our ability to follow proper administrative procedures, assure that the public is involved in every step of implementation, gather the needed data, and to prepare regulations, guidelines, and ------- 13 reports, will determine whether we meet the deadlines of RCRA. Some of the less formidable tasks will be met on time. However, some of the tasks, such as the land disposal and hazardous waste criteria, are so complex and impact on so many sectors of the solid waste management community that it may be impossible for us to meet the deadlines of the Act. We will do our very best to follow the time schedule of RCRA, and I will keep you informed of our progress. We have sufficient funds to begin the implementation of RCRA. With these funds we will be able to respond to the mandated provisions that have a deadline, and I believe that our progress on these tasks will be good. I can only hope that other partners in the solid waste community will help fill the needs that we are unable to. While the early beginnings portend well, the real challenges lie in the next 12 months when most of the signi- ficant mandates of RCRA must be met. I intend to closely scrutinize the efforts of the Office of Solid Waste and other parts of EPA during this critical time to assure myself that this significant piece of environmental legisla- tion will be implemented in a way that will meet the full intent of Congress and the objectives of RCRA, and will benefit the American public. ------- 14 Again, I am most happy to have had this opportunity to discuss RCRA and would be happy to answer questions at this time. pal 532 SW-603 ------- |