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

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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

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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

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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

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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

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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

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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

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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

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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.

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     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.

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     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

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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

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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.

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     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

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