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
------- |