SW-645
STRATEGV FOR THE IMPLEMENTATION
orf
THE RESOURCE COWSERl/ATION AW RECOl/ERV
ACT o 1976
December 5, 1977
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Table of Contents
Chapter I
Chapter II
Chapter III
Chapter IV
Chapter V
Chapter VI
Summary
A. Goals and Objectives
B. Constraints to Implementation
C. Program Priorities
D. Major Activities
E. Federal, State and Local
Government Roles
F. Integration with Other Acts
Introduction
A. Purpose of the Strategy
B. Outline of Strategy Document
Problem Statement
A. Quantities
B. Health and Environmental Effects
C. Natural Resource Effects
Resource Conservation and Recovery Act
Goals, Objectives, and Criteria
for Setting Priorities
Constraints
A. Status of Technology
B. Resource Limitations
C. Institutional Aspects
D. Economic Implications
Chapter VII Major Choices
A. Waste Stream Priorities
B. Emphasis on Resource Conservation
and Disposal
C. Tools for Implementing RCRA
Chapter VIII Program Priorities
A. Priorities
B. Major Activities
Page
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34
36
41
44
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53
60
69
69
71
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Chapter IX
Management Responsibilities
73
A. EPA Headquarters 73
B. EPA - Regional Offices 74
C. EPA - Enforcement 77
D. States 79
E. Local and SubState Regional 81
Chapter X Interface with Other EPA Programs
and Other Agencies 83
A. Federal Water Pollution Control 83
Act (Public Law 95500)
B. Safe Drinking Water Act 86
(Public Law 93523)
C. Toxic Substances Control Act 92
(Public Law 94469)
D. Federal Insecticide, Fungicide, 93
and Rodenticide Act (Public
Law 92516)
E. Clean Air Act (Public Law 95-95) 95
F. Marine Protection, Research and 96
Sanctuaries Act
(Public Law 92-532)
G. Department of Commerce *Role 97
in RCRA
H. DOE Role in RCRA 98
I. Other Agencies and Programs 100
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Preface
This document presents an overall strategy for the
Environmental Protection Agency to follow in carrying out
the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act of 1976. It states the goals
and objectives of the National solid waste management effort,
reviews the constraints to success, establishes priorities
for action and discusses coordination of RCRA activities
with other Federal programs and State and local efforts.
This draft document is being circulated for review and
comment prior to final adoption by EPA.
This strategy was developed with assistance from
a working group comprised of representatives from all
major EPA offices (see Appendix A for working group
participants). The document was written by staff of the
EPA, Office of Solid Waste. John H. Skinner was Chairman
of the RCRA Strategy Working Group; Eileen L. Claussen
was primary author of this draft; Stephen A. Lingle and
Murray Newton were contributing authors. H. Lanier
Hickman, Jr. also assisted in the strategy development.
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Chapter 1
SUMMARY
This document presents a strategy for the Environmental
Protection Agency (EPA) to follow in implementing the Solid
Waste Disposal Act as amended by the Resource Conservation
and Recovery Act of 1976 (RCRA), and in fostering improvements
in solid waste management in the United States. This strategy:
0 Presents goals and objectives for the national
solid waste management program.
0 Reviews the economic, technological and institutional
constraints to achieving these goals.
0 Analyzes the major strategic choices that need to
be made.
0 Establishes priorities with respect to waste type,
management approach and utilization of the provisions
of the Act.
0 Recommends appropriate Federal, State and local
roles and areas of coordination with other Federal
Acts and programs.
A. Goals and Objectives
There are two broad goals which are essential to an
effective national program of solid waste management. These
goals, which are the goals of RCRA and this Strategy, are:
0 To assure that all solid and hazardous wastes are
managed in a manner that will protect public
health and the environment.
0 To conserve natural resources directly and through
the management, reuse, or recovery of solid and
hazardous wastes.
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Consistent with these goals, more specific and measurable
objectives are:
0 To establish solid waste disposal practices that
provide acceptable levels of protection of public
health and the environment, and to discontinue or
upgrade existing unacceptable practices.
0 To establish practices for the transportation,
storage, treatment and disposal of hazardous
wastes that will eliminate present or potential
hazards to human health or the environment.
0 To establish resource conservation and recovery as
the preferred solid waste management approach
whenever technically and economically feasible.
0 To enforce regulations to protect human health and
the environment and to foster voluntary compliance
with such regulations.
0 To develop, through studies, research and development,
improved technologies necessary to achieve environ-
mentally acceptable, cost effective solid and
hazardous waste management in which conservation
and recovery of resources are prime considerations.
0 To establish Federal, State and local programs to
achieve the above objectives.
B. Constraints to Implementation
Technological, institutional, economic, and resource
constraints to the successful implementation of RCRA exists.
These constraints and their implications for program activities
follow:
0 Technological Constraints. While there are tech-
nologies for safe disposal and resource recovery
from most solid and hazardous wastes, a number of
uncertainties and unknowns regarding their performance
and economics still exist. The technology required
to successfully implement the Act has not been
fully developed or optimized. Therefore research,
development, demonstration, evaluation and technical
information activities should receive priority
consideration in all program areas.
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Institutional Constraints. A major institutional
constraint is the incomplete, fragmented and
widely varying authority and responsibility for
solid waste management at the State and local
levels. In many cases, there will be a need for
new and additional State and local laws and the
development of new organizational arrangements.
Therefore technical and financial assistance to
State and local governments to facilitate this
process is an important and necessary element of
the strategy.
Another and perhaps more critical institutional
constraint is public opposition to treatment,
recovery and disposal facility siting. The
inability to locate facilities may seriously
reduce the effectiveness of other program activities.
Therefore, this strategy emphasizes public education
and public participation in Federal, State and
local programs. Furthermore, local and regional
government involvement in the development and
implementation of State plans is necessary to
insure that the responsibilities of these levels
of government with respect to facility siting are
established and accepted.
Economic Constraints. Implementation of RCRA will
result in increased direct costs of solid waste
management in order to achieve public health,
environmental and resource conservation benefits.
Land disposal costs will increase due to the
establishment of environmental control requirements.
To some extent this will result in increased
resource recovery and conservation practices. The
willingness to pay additional costs may be, however
a constraint to implementation. Incremental costs
should be weighed against incremental benefits in
regulatory program development. Efforts to
reduce costs of administration should be emphasized
in order to encourage State and local involvement.
Economic incentives or disincentives to stimulate
implementation should be developed.
Resource Constraints. The strategy must be developed
with the recognition that available resources will
most likely be less than necessary to fully achieve
the goals and objectives of the Act. This may be
especially true with regard to the financial
resources necessary for State and local governments
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to plan, develop and implement various programs
and the resources necessary for research, develop-
ment and demonstration activities. As a result,
technological and institutional constraints will
be addressed at a slower pace than desirable.
Resource limitations will necessitate a priori-
tization and phasing of activities and may well
result in delays in implementation and the inability
to achieve certain objectives.
C. Program Priorities
Considering the goals and objectives, constraints and
mandates and provisions of the Act, the following program
priorities are established:
0 Controlling waste disposal should be the highest
priority activity in the RCRA implementation over
the next 5 years. This is because:
1. This activity will have the most direct
impact on the adverse public health effects
of improper solid waste management.
2. This activity will provide an indirect stimulus
for resource conservation and recovery by
increasing the costs of disposal.
3. RCRA contains very clear and strong mandates
relating to disposal controls.
This activity should focus on:
1. The promulgation and implementation of regulations
for controlling hazardous waste.
2. The promulgation of criteria and guidelines
for controlling inadequate disposal of all
solid waste.
3. The development of State programs for implementing
the hazardous and solid waste programs through
Subtitles C and D and the Technical Assistance
Panels.
4. Federal enforcement of hazardous waste
(Subtitle C) regulations where States fail to
act.
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5. Research, development, and demonstration of
improved land disposal and hazardous waste
management practices.
In order to establish resource conservation and
recovery as the preferred solid waste management
options, certain programs are also high priority
in the next 5 years. This is because these activities,
essential to establishing the viability of resource
conservation, have long lead times. It is important
to start them now in order to provide alternatives
to land disposal in the future.
1. The development of economic and market incentives
for fostering conservation and recovery
through the Resource Conservation Committee
and through Federal procurement of products
containing recycled materials.
2. The development of State and regional programs
for resource conservation and recovery through
the planning and financial assistance programs
of Subtitles C and D and the Technical Assistance
Panels.
3. Research, development, demonstration and
evaluation of technologies for recycling and
resource recovery.
Industrial wastes should receive priority emphasis
for all solid waste management activities, particu-
larly those of a regulatory nature. This is due
to the relatively greater toxicity and quantity of
such wastes. Residential and commercial wastes
and wastewater sludges should also receive considerable
attention due to the significant potential for
resource conservation and recovery, and because
programs related to these wastes will be able to
proceed more rapidly.
Encouragement of State implementation is a high priority
activity and incentives should be provided for that
purpose. Achievement of the objectives of both
Subtitles C and D depend upon the establishment
and implementation of State programs (both for the
regulation of disposal and for resource recovery
and conservation). Financial and technical assistance
for the development of State programs should be
maximized. With expected resource limitations, a
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relatively higher level of effort will be allocated
to this activity than to local implementation
grants, rural community construction grants and
technical assistance to local governments.
D. Major Activities
With respect to specific sections of the Act, the
following sections will receive more, less and no emphasis:
1. Major Emphasis
a. Subtitle C regulations and Section 1008
guidelines for identifying the characteristics
of hazardous waste, and listing hazardous
wastes; and for controlling the generation,
transportation, storage, treatment and disposal
of hazardous wastes.
b. Subtitle D Criteria and Section 1008 guidelines
for determining acceptable and unacceptable
disposal; and for conducting the open dump
inventory.
c. Section 3006, 3011, 4002, 4008 and guidelines
and financial assistance to assist States in
the development and implementation of hazardous
and solid waste programs including the implemen-
tation of resource conservation.
d. Section 2003 technical assistance panels to
assist in development of State programs.
e. Section 8002 (i) Resource Conservation Committe
recommendations to Congress for resource
conservation.
f. Subtitle H research, demonstration and evaluation
activities for the management and recovery of
hazardous wastes and solid wastes.
2. Medium Emphasis
a. Section 6002 guidelines for Federal procurement
of recovered materials.
b. Section 8002 reports to Congress.
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c. Section 7004 public participation guidelines
and Section 8003 public information dissemination.
d. Section 2003 technical assistance teams for
local implementation.
3. No Activity
a. Section 1008 guidelines for the prevention,
recovery and disposal of agricultural and
mining wastes.
b. Section 2004 tire shredder grants.
c. Section 8003 solid waste management library
and model accounting systems.
E. Federal, State and Local Government Roles
Roles of the Federal, State and local governments
should be:
0 Headquarters - EPA
Develop policies, regulations and guidelines.
- Develop economic incentives.
Provide technical and financial assistance to
State and local governments to implement RCRA
programs.
Research, development and demonstrations and
dessemination of technical information.
Provde for public participation in the development
and implementation of RCRA programs.
0 Regional Offices - EPA
Assist Headquarters in developing RCRA programs.
Provide Technical and financial assistance to
States to implement RCRA programs.
Assist the States as required in providing
technical assistance to local governments.
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Implement hazardous waste programs in States
which fail to do so, and oversee enforcement
of hazardous waste by States.
Provide for public participation in the
development and implementation of RCRA
program.
States
Establish State programs for controlling
hazardous wastes, eliminating inadequate land
disposal practices, and encouraging resource
conservation and recovery.
Coordinate and encourage regional and local
planning and implementation responsibilities.
Provide, with Federal and State funds, financial
and technical assistance to local governments.
Provide for public participation in the
development and implementation of RCRA programs.
0 Local/Regional
Carry out implementation of hazardous waste
management and open dumping regulations;
implement resource recovery programs.
Provide for public participation in the
development and implementation of RCRA programs.
F. Integration with Other Acts
Implementation of this Strategy requires extensive
coordination with other Acts and Programs. In particular,
this Strategy emphasizes that, where feasible, (1) planning
activities will be coordinated with Section 208 of the
Federal Water Pollution Control Act; (2) program activities
related to surface impoundments under the Safe Drinking
Water Act will be coordinated with RCRA regulations and
guidelines.
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Chapter II
INTRODUCTION
A. Purpose of the Strategy
This document presents a strategy for the Environmental
Protection Agency (EPA) to follow in implementing the Solid
Waste Disposal Act as amended by the Resource Conservation
and Recovery Act of 1976 (RCRA), and in fostering improvements
in solid waste management in the United States. RCRA is
only one of the legislative tools available in this effort,
and EPA recognizes the value of using all possible legislative
tools in implementing this strategy. This document focuses
primarily on RCRA, however, because it is the most recent
and the most direct statement made by the Congress defining
solid waste management as an area of critical concern.
This strategy document is not law and does not have the
status of a regulation or official rulemaking. Rather, it
broadly describes how EPA plans to proceed implementing RCRA in
light of its legislative mandates and the realities of
existing Federal, State and local capabilities and resources.
This strategy was developed with assistance from a
Working Group composed of representatives from all major EPA
offices. It is being widely circulated for review and comment
prior to final adoption by EPA. All comments will be carefully
considered prior to development of a final Agency Strategy.
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B. Outline of Strategy Document
The strategy document includes brief discussions of the
solid waste management problem in the United States
(Chapter III) and of the Resource Conservation and Recovery
Act of 1976 (Chapter IV). Chapter V describes the goals
and objectives of an effective solid waste management program,
and presents the criteria that will be used to set program
priorities. Chapter VI describes the major constraints to
effective implementation of the goals and objectives. These
include constraints due to shortages of resources, the
current status of evolving technologies, and institutional
abilities at the various levels of government. The economic
implications of various mandates and the extent to which
these implications should be factored into strategic decisions,
are also discussed in this chapter. Chapter VII then presents
an analysis of the major strategic choices that must be
made. These include the extent to which EPA should rely on
particular tools, such as research and development or technical
assistance, at the expense of other tools; and the relative
emphasis that should be placed on different management
options, such as resource recovery or disposal controls, and
different waste streams, such as industrial wastes or
municipal wastes.
The chapters described thus far are, in a sense,
prefatory to that on program priorities (Chapter VIII). This
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chapter reflects the discussions of the preceding four
chapters, and establishes the priority program activities.
Chapter IX describes the program management responsi-
bilities which the Federal, State, and local levels of
government need to discharge in order to bring the strategy
to fruition. And the concluding chapter (Chapter X) describes
how the RCRA activities will interface with other EPA programs
and the programs of other agencies. Of particular importance
here are the interrelationships between RCRA and the Safe
Drinking Water Act, the Federal Water Pollution Control Act,
the Toxic Substance Control Act, and the Clean Air Act.
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Chapter III
PROBLEM STATEMENT
Solid waste represents a resource out of place. It
includes the widely recognizable discards of community
living and the complex liquid, solid and semi-solid wastes
of our industrial activities. Solid waste results from the
harvesting of crops and from the development of our mineral
and energy resources. It also results from our efforts to
protect our air and water resources.
The improper management and disposal of solid waste
often results in health, environmental and natural resource
damage. This chapter will provide a brief discussion of the
problems resulting from improper solid waste management
practices.
A. Quantities
The United States generated an estimated 6 billion tons
of solid waste in 1976, a figure which is expected to grow
substantially over the next 10 to 15 years. Table 1 following
this page provides information on the quantities of wastes
in the various waste streams are defined as solid waste in
RCRA.
As can be seen in Table 1, the quantities of mining and
agricultural waste far outweigh all other types of solid
waste. Industrial (process and manufacturing) wastes and
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Table I
Solid Waste Stream Quantities (1976)
Waste Stream Millions Tons/Year
(dry weight)
Residential, Commercial and 100
Institutional Waste
Wastewater Treatment Sludge 7
Industrial Solid Waste 375
Agricultural Waste 2000
Mining Waste 4000
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sludges, though far smaller in quantity than either mining
or agricultural wastes, nevertheless, represent approximately
2 1/2 times the amount of waste than do residential solid
wastes and sludges. It is estimated that approximately 10
percent of the industrial waste stream is hazardous in
nature, or 30 million tons annually.
It is also important to point out that significant
increases in waste generation rates can be expected over the
next decade as environmental laws relating to air and water
pollution are implemented. Particular waste streams that
are expected to be affected are the industrial waste, in-
dustrial sludge, and wastewater treatment sludge streams.
B. Health and Environmental Effects
Health and environmental damages attributable to poor
solid waste management practices are of increasing concern.
These damages occur in the form of surface and groundwater
contamination, air pollution emissions, fires, explosions,
food chain contamination, noise, and odors.
Surface and groundwater contamination from land disposal
sites has been increasingly documented by EPA and other
scientists. Groundwater contamination is particularly
serious because it is difficult to detect and extremely
difficult to control. At the present time, groundwater
accounts for about half of domestic water use. Yet it has
been estimated that industrial impoundments account for over
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100 billion gallons of contaminant per year to groundwater
and residential, commercial and institutional land disposal
sites account for about 90 billion gallons of leachate to
groundwater annually.
Additionally, explosions or fires involving hazardous
waste have killed or injured those handling the waste. Even
the land itself may be contaminated from solid waste, as
the soil biota and chemistry change for the worse. Excessive
loadings of heavy metals, for example, may contaminate the
land, preventing its future use for agricultural purposes.
C. Natural Resource Effects
The United States is increasingly becoming a "materials-
intensive" society. Not only have we increased our per
capita consumption of goods and services, but, in many
cases, we have also increased our rate of material per unit
of product consumed. This is reflected in our large, and
increasing waste flow quantities, and in basic production
and consumption statistics. For example, U. S. consumption
of most classes of raw materials has been growing by 20 to
40 percent per decade in the 20th Century, and typical
projections by independent resource economists forecast at
least a doubling in U.S. consumption of most raw materials
by the year 2000.
Yet it is estimated that far less than 10 percent of
our residential solid wastes stream is currently recycled,
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with wastepaper recycling accounting for 88 percent by
weight of the materials recovered. Approximately 15,000
tons of industrial solid wastes are also processed in resource
recovery systems although this, too, presents only a small
fraction—about 1 percent—of the total.
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Chapter IV
THE RESOURCE CONSERVATION AND RECOVERY ACT
In October 1976 Congress passed Public Law 94-580, the
Resource Conservation and Recovery Act (RCRA), thereby
amending the Solid Waste Disposal .Act. The new Act provides
Federal mandates and authorities for dealing with problems
of solid waste management. These problems, described earlier
in this document, were identified by Congress as relating to
increased rates of generation of solid waste, protection of
public health and the environment, and conservation of
material and energy resources.
Two definitions within RCRA seem particularly significant.
The definition of solid waste in RCRA is broad and inclusive.
Congress redefined solid waste as "...any garbage, refuse,
sludge from a waste treatment plant, water supply treatment
plant or air pollution control facility and other discarded
material, including solid, liquid, semisolid, or contained
gaseous material resulting from industrial, commercial,
mining, and agricultural operations, and from community
activities, but does not include solid or dissolved material
in domestic sewage, or solid or dissolved materials in
irrigation return flows or industrial discharges which are
point sources subject to permits under section 402 of the
Federal Water Pollution Control Act, as amended (86 Stat. 880),
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or source, special nuclear, or byproduct material as defined
by the Atomic Energy Act of 1954, as amended (68 Stat.923)."
Further, Congress defined disposal as "...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 into any waters, including ground-
waters . "
These two definitions indicate that the Congress intended
that any waste material that goes on the land, regardless of
its physical form, must be managed in a manner consistent
with the provisions of RCRA. These provisions, the most
important of which are summarized below, are the tools
available to EPA to achieve the goals and objectives out-
lined in Chapter V. In total these provisions are directed
primarily toward the two goals of protecting public health
and the environment and conserving natural resources.
SUBTITLE A; GENERAL PROVISIONS
0 Publication of guidelines which describe levels
of performance achievable by various available
solid waste management practices, and which
provide for: protection of ground and surface
waters from leachate; protection of ambient air
quality; disease and vector control; safety; and,
esthetics.
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SUBTITLE B; OFFICE OF SOLID WASTE; AUTHORITIES OF THE
ADMINISTRATOR
0 Provides for teams of personnel, called Resource
Conservation and Recovery Panels, including Federal,
State, and local employees or contractors to
provide States and local governments upon request
with technical assistance on solid waste management.
SUBTITLE C; HAZARDOUS WASTE MANAGEMENT
Sections 3001 through 3010 prescribe regulations to
achieve complete control of hazardous wastes from generation
to discard. Specific requirements are:
0 Publication of criteria for identifying hazardous
wastes, of the characteristics of hazardous waste
and of a list of particular hazardous wastes.
0 Promulgation of standards for generators and
transporters of hazardous wastes, reporting,
record-keeping, practices, labeling, appropriate
containers, use of a manifest system, and reporting
of quantities and disposition.
0 Promulgation of standards for treatment, storage,
or disposal of hazardous waste, including regulations
for establishing a system of permits for treatment,
storage and disposal.
0 Authorization to make grants to States for setting
up hazardous waste management programs.
0 Authorization to enforce regulations promulgated
under Subtitle C.
0 Identification of all hazardous waste handlers
(generators, transporters, storers, treaters and
disposers) through the preliminary notification
program.
SUBTITLE D - STATE OR REGIONAL SOLID WASTE PLANS
This subtitle provides both guidelines and financial
assistance for development and implementation of and for
State solid waste management plans, promulgation of criteria
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for identification of unacceptable disposal facilities.
Specific provisions are:
0 Promulgation of guidelines for identification of
regions for solid waste planning and for develop-
ment of State solid waste management plans.
0 Publication of criteria for determining which
facilities shall be classified as sanitary land-
fills and which as open dumps and of an inventory
of all disposal sites in the United States which
are open dumps.
0 Requirement that any State plan approved by the
Administrator and eligible for financial assistance
must include provisions for closing or upgrading
all open dumps within 5 years from the publication
of the inventory.
0 Requirement that EPA provide financial assistance
to States which have submitted plans meeting
certain minimum criteria.
0 Authority for the Administrator to issue grants
for the implementation of solid waste management
programs to States, counties, municipalities, and
intermunicipal agencies. Such assistance is
available for facility feasibility studies, con-
sultations, market studies, etc., but not for
construction.
0 Authority to issue grants to special communities
with low populations and high levels of generation
for conversion or construction of solid waste
disposal facilities, and for rural communities to
upgrade solid waste management facilities.
SUBTITLE E - DUTIES OF THE SECRETARY OF COMMERCE IN
RESOURCE RECOVERY
This portion of the Act directs the Secretary of Commerce
to stimulate broader commercialization of proven technologies
by providing guidelines for specifications for recovered
materials.
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SUBTITLE F - FEDERAL RESPONSIBILITIES
Federal agencies are directed to comply with all Federal
State, interstate and local requirements stemming from RCRA
unless exempted by the President, including guidelines
promulgated under Section 1008. This Subtitle also includes
requirements for procurement of products containing recovered
materials by Federal, State and local governments and grantees
using Federal funds.
SUBTITLE G - MISCELLANEOUS PROVISIONS
0 Provisions are made to permit citizen suits against
any person (including the U.S. Government) who is
alledged to be in violation of any permit, standard,
or regulation under the Act.
0 The Administrator may bring suit to enjoin any
handling, storage, treatment of waste which is
presenting an imminent hazard.
0 The Administrator is charged with developing
minimum guidelines for public participation in the
revision, implementation, and enforcement of any
regulation under the Act.
0 EPA is authorized to make grants for training
supervisory personnel for solid waste management,
and to study of need for additional trained personnel.
SUBTITLE H - RESEARCH, DEVELOPMENT, AND INFORMATION
In cooperation with Federal, State and interstate
authorities agencies and institutions and private agencies
and institutions and individuals, the Administrator is
directed to conduct, encourage and promote the coordination
of research, investigations, experiments, training, demonstrations,
surveys, public education programs and studies relating to:
the protection of health; planning, financing and operation
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of waste management systems including resource recovery;
improvements in methodology of waste disposal and resource
recovery; methods for remedying damages by earlier or existing
landfills; and methods for rendering landfills safe for
purposes of construction and other uses.
0 Technologies for solid waste collection, recovery
and disposal
0 Low technology solid waste management, (including
resource recovery) systems
0 Methods for hazardous waste management
Special Studies
The Administration is directed to carry out a number of
studies including the following subjects:
0 Small-scale and low technology approaches to
resource recovery.
0 Front-end source separation for materials recovery.
0 Mining Waste
0 Sludge
0 Airport landfills.
Resource Conservation Committee
A cabinet level committee chaired by the Administrator
of EPA is mandated to investigate the impact on resource
recovery and conservation of:
0 Incentives and disincentives, including existing
public policies such as tax credits and depletion
allowances.
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Restricting the manufacture or use of certain
categories of consumer products.
Application of a charge on consumer products to
reflect the cost of solid waste management services.
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Chapter V
GOALS, OBJECTIVES, AND CRITERIA FOR
SETTING PRIORITIES
The language of the Resource Conservation and Recovery
Act makes clear two broad goals which are essential to an
effective national program of solid waste management. These
goals are:
1. To assure that all solid and hazardous wastes are
managed in a manner that will protect public
health and the environment.
2. To conserve natural resources directly and through
the management, reuse or recovery of solid and
hazardous wastes.
It is noteworthy that these two goals are related and
compatible. To achieve the goal of conservation may also
fulfill in part the goal of protecting public health and the
environment. Similarly, activities to achieve conservation
through reuse and recovery are themselves waste management
practices that must be carried out in a manner consistent
with the protection of public health and environment.
In order to meet the two broad goals defined above a
series of broad and narrow objectives must be met. From
these objectives, specific program activities are defined
and prioritized in Chapter VIII. Major objectives and sub-
objectives, as specified in the Act, are:
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0 To establish solid waste disposal practices that
provide acceptable levels of protection of public
health and the environment, and to discontinue or
upgrade existing unacceptable practices.
0 To establish practices for the transportation,
storage, treatment and disposal of hazardous
wastes that will eliminate present or potential
hazards to human health or the environment.
0 To establish resource conservation and recovery as
the preferred solid waste management approach
whenever technically and economically feasible.
0 To establish Federal, State and local programs to
achieve the above three objectives.
0 To enforce regulations to protect human health and
the environment and to foster voluntary compliance
with such regulations.
0 To develop, through studies, research and development,
improved technologies necessary to achieve environ-
mentally acceptable, cost effective solid and
hazardous waste management in which conservation
and recovery of resources are prime considerations.
If the goals and objectives delineated above are to be
met, it is necessary to develop a set of criteria that will
indicate the relative emphasis that should be given to each
program to be developed under RCRA. This system of priorities
should be used to (1) resolve the major choices that must be
made between broad options, tools and waste stream coverage
and (2) to assess resource allocation decision for all
program activities. A set of criteria for establishing
priorities, with a discussion of each follows:
1. How strong is the mandate for the program/activity
in RCRA?
This criterion is intended to permit the assess-
ment of the relative emphasis that RCRA gives to a
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particular program or activity. Considered here
will be such factors as the degree of control
provided in the Act, pertinent discussion in the
legislative history, the size of the authorization
provided in the Act, and the timing required for
implementation.
2. How pertinent is the program/activity to the
strategy goals and objectives?
This criterion will permit the assessment of the
strength of the linkage between the goals pre-
sented in Chapter V and the specific program or
activity objectives.
3. Given the tools available in RCRA, will the
program/activity be effective?
At issue here is the ability of the program or
activity to meet its goals and objectives given
the tools that can be utilized for the program
under the Act. Those activities mandated to use
all tools (i.e. regulations, technical assistance,
research, etc.) will be compared with those
activities where only one tool is available.
4. Is there a scientific and technological base
available to support the program/activity?
This criterion is intended to assess whether there
is sufficient supporting information to warrant
implementation of the activity. Considered here
will be the strength of the data base, and the
status of the technology needed for implementation.
5. Is there a high level of public concern about the
activity?
The extent to which the public is interested in
and concerned about the particular program or
activity is at issue here.
6. Given resource constraints, will the program/
activity be effective?
This criterion is intended to establish the ability
of the program or activity to be effective given
limited resources. A favorable ratio between
resource input, both in terms of manpower and
funding requirements, and effectiveness would be
desirable.
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7. Given institutional constraints, will the program/
activity be effective?
This criterion will permit the assessment of the
program's ability to be effective given institutional
constraints at the Federal, State, or local level.
At issue here is both the program's ability to
marshall an effective working partnership for
implementation as well as its ability to overcome
particular obstacles.
8. Will implementation of the program/activity be
economically feasible?
This criterion will assess the economic impli-
cations of the program or activity, and the extent
to which economic impacts will deter successful
implementation.
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Chapter VI
CONSTRAINTS
Four major constraints have been identified as im-
pediments to the development of an effective strategy for
implementing RCRA. These are:
1. The status of technology for implementation
of the Act.
2. The extent to which financial and manpower resource
limitations will affect implementation.
3. The institutional capabilities of various levels
of government to implement the Act.
4. The extent to which economic implications will
limit implementation of the Act.
Each of these constraints will shape the resolution of the
major choices and the selection of priority program activities,
A discussion of each constraint follows.
A. Status of Technology
The achievement of the objectives of RCRA depends to a
large extent on the availability of technology to prevent,
recover, handle and dispose of waste in an environmentally
sound manner, and the existence of an agressive research and
development program to provide new and/or improved technology
where needed. This section looks at the relative importance
of technology for achieving various objectives of the Act,
assesses the extent to which technology is sufficiently
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available to fulfill these needs, and discuss the major
implications of the status of technology on the strategy for
implementing the Act.
1. Resource Conservation and Recovery
Resource conservation activities include both
product design changes or industrial process changes at the
manufacturer level and activities at the consumer or
municipal level before or after discard. At the manufacturing
level, for example, new processes involving different temperatures,
pressures, reactants, or process equipment might result in
conservation. At the consumer level, to cite an example,
use of refillable bottles could reduce the generation of
waste.
There is no easy way to classify the availability of
technology for resource conservation and recovery. In many
cases, industries are already carrying out such activities
as a means of reducing costs, and it is likely that a
significant expansion of resource conservation and recovery
can take place without major advances in technology. To a
significant degree, conservation will occur if (1) opportunities
for conservation are recognized, and (2) it is in the economic
interest of a firm or industry to carry them out. Increasingly,
the cost of energy and other resources can be expected to
stimulate increased recovery in the future.
Recovery of useful products from municipal and consumer
waste presents a slightly different situation. Historically,
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almost all recovery has taken place through manual separation
of wastes at the source of generation, followed by sale to
scrap dealers and then to manufacturers. Although this
technology of source separation is relatively straightforward,
political and institutional barriers to its application have
been significant.
The recovery of materials and energy from mixed resi-
dential, commercial and institutional waste in centralized
processing plants, on the other hand, is still in the early
stages of application, with no more than one percent of
residential and commercial waste currently being recovered
in this way. One reason for this low level of recovery is
the developmental nature of the technology. One energy
recovery technology (waterwall incineration with steam
generation) has been proven in Europe in over 20 years of
application and is now being increasingly applied here.
Another energy recovery technology (refuse derived fuel
systems) will be applied in at least five commercial plants
over the next three years. Other technologies are only now
being demonstrated or utilized in early commercial prototypes.
The landspreading of sludges or wastes for resource
recovery purposes is a practice that has been studied intensively
for some period of time. While it is difficult to assess
the health effects of such practices when the wastes are
applied to food chain crops, the technologies for application
and management are generally well-known.
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2. Land disposal
Environmentally acceptable land disposal will, in
many cases, require application of techniques and technologies
to prevent pollutant migration in soil, to collect and treat
contaminants, and to monitor air and water quality in and
around the disposal site.
The technology to prevent creation of leachate includes
both "capping" sites with impermeable membranes or channeling
water so that it runs off quickly in a controlled manner.
In both cases, sufficient information or experience exists
to conclude that this is not a technology constraint.
Collection and treatment of leachate typically involves use
of liners below the site to prevent leachate from entering
the groundwater. This technology can also be applied now,
although information on this technique is not complete. The
major unknown is the relative performance of various types
of liners and the lifetime of these liners. Once collected,
leachate can be treated to acceptable levels by various
techniques. Collection and treatment of leachate is still
not widely practiced, however, and some pilot or demonstration
work is still required.
A phenomenon which is still not well understood and
which bears significantly on groundwater protection is
leachate attenuation (or purification) through the soil.
Estimation of the impact of a disposal site on groundwater
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quality includes analyses of the probable effect of attenuation.
If attenuation is expected to mitigate the pollutants in the
leachate, additional treatment may not be required. However,
attenuation is not well understood, and more research and
development is needed.
Measuring the quality of the groundwater and surface
water is possible with existing techniques. However,
techniques of groundwater monitoring are not always straight-
forward and may be expensive. In addition, significant time
may be required to obtain results, and continuous monitoring
may be required in some cases.
In total, the technology for controlling water quality
is considered to be available for application. However, the
present data base is not yet sufficiently extensive applied
to provide precise estimates of expected results in all
instances. Thus, the broad application of these techniques
still remains to be proven in the field.
Additionally, there is a need to develop technology to
maximize decomposition and stabilization so as to (1) render
landfills safe for the purposes of construction and other
uses in a minimum time and (2) to limit the time in which
landfill operators are financially and morally responsible
for preventing environmental insult. Also, methods must be
developed for remedial action in cases in which established
landfills are discovered to be causing unacceptable environmental
damage.
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Technologies for control of air pollutants, disease
vectors, and concentrations of explosive gases are generally
better known.
3. Hazardous Waste Management
Control of hazardous wastes requires that techniques
be available to identify, handle, treat, and dispose of such
wastes. Thus, technology plays a major role in environmentally
sound hazardous waste management.
Identification of hazardous wastes may require
testing for various characteristics, including toxicity,
flammability, and corrosiveness. It is believed that a
majority of hazardous wastes can be identified by acute
characteristics such as flammability and corrosiveness which
are readily measured. However, the remaining wastes may
require more elaborate techniques for measuring chronic
toxicity or other parameters. Efforts are currently underway
to select suitable tests for hazardous wastes from available
procedures, particularly in the area of toxicity. The
results may affect the scope of the regulations to be
promulgated. Thus, the availability of a technology may
constrain the identification of hazardous wastes.
Technologies to handle, treat, and dispose of almost all
hazardous wastes have been identified. However, some of these
technologies have not been widely applied commercially and
some are still in the research and development stage.
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It is generally believed, however, that, technologies
are available to control the majority of hazardous wastes in
a way that will protect health, safety, and the environment.
However, there are likely to be some wastes which will not
be easily controlled by techniques which have been applied
commercially in the past, and costs may be several times
higher than current practices.
Thus, while a technology constraint is present, for
certain aspects of hazardous waste control, it is not so
significant as to prevent a regulatory effort from being
largely effective.
B. Resource Limitations
The strategy must be developed with the recognition
that appropriated funds for RCRA may be significantly less
than the funds authorized in the Act, especially with respect
to the grant support provisions under which EPA assists
State and local government in planning, developing, implementing
the programs mandated in Subtitles C and D and the demonstration
of technologies authorized in Subtitle H. This constraint
means that there will be a lower level of financial and
manpower resources devoted to solid waste management activities
over the next few fiscal years than was envisioned in the
drafting of RCRA.
Hence the strategy which is comprehensive and timely in
meeting the mandates of RCRA and the strategy which can be
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implemented with the resources actually available are not
the same. EPA has several options available to deal with
this resource constraint: (1) EPA could concentrate on those
mandates of the Act which carry with them a deadline, at the
likely expense of those mandates that do not: (2) EPA could
address all of the mandates of the Act to some extent, but
at the likely expense of failing to meet at least some of
the deadlines established in RCRA; or (3) EPA could address
all mandates carrying deadlines, but on a less comprehensive
basis than might be desirable, and at a possible cost to the
strength of the data base on which they might be developed.
Under the first option, for example, the implementation
of resource conservation and recovery provisions could be
affected since there are fewer specific deadlines in this
area. Furthermore, some resource recovery provisions such
as technology demonstrations would be impacted by a lack of
appropriations.
On the other hand, it makes little sense to proceed
simultaneously but in a marginal way in all program areas. Such
an approach could seriously affect the adequacy of some of the
effort, and impact upon the credibility of the entire solid
waste management program.
It is expected that resource constraints will require
the development of specific priorities for RCRA implementation.
The chapters that follow outline the rationale for the
priorities chosen as well as the specific priorities themselves.
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C. Institutional Aspects
1. Governmental
The Act mandates a solid waste management program
involving every level of government: Federal, State, regional
(substate, intrastate, and interstate), and local. States
are given responsibility for comprehensive solid waste
planning in concert with appropriate units of local government
under Subtitle D. Subtitle C clearly places the administrative
burden upon EPA when a State does not seek authorization to
administer and enforce the hazardous waste program, even
though Congress clearly intended the States to implement the
program. Existing institutional arrangements will, at best,
affect the substance and timeliness of implemention; at
worst, certain aspects of the Act may be unattainable without
major alterations to current institutional relationships.
One example of a potential institutional problem is
fragmentation of State environmental management responsibilities.
Some States have assigned planning responsibilities to
agencies which do not have implementation authority. Other
States, have divided responsibility for parts of the solid
waste management problem among several agencies, based upon
the media to be protected (as where one agency is responsible
for "land protection," but another for "groundwater protection,")
or, upon the physical state of the waste (as where one
agency is responsible for "solid" waste, but another for
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"liquid" wastes.) EPA has always avoided interfering in or
attempting to influence State organization. The strategy
must recognize, nevertheless, that the existence of different
patterns of environmental management may complicate and
inhibit the implementation of RCRA in some States.
States and localities also have widely differing legis-
lative mandates with respect to solid waste management. With
regard to enforcement activities, for example, some jurisdictions
have authority to impose penalties which approximate those
in RCRA for both criminal and civil offenses. Other juris-
dictions have more limited authority, with a few jurisdictions
unable to impose criminal penalties at all. This difference
in enforcement authorities will impact the uniformity and
consistency with which State and local jurisdictions can
implement the regulatory aspects of RCRA, both in comparison
to the Federal program and to each other.
In the resource recovery area some States have established
authorities for carrying out statewide planning and implemen-
tation, including responsibilities for ownership and management
of facilities and even waste stream control. Other States
have a far less extensive role. Some States have enacted
major policy legislation that affects resource conservation
and recovery activities in their States, such as deposits or
controls on certain packaging materials, or grant programs
to assist in the construction of resource recovery plants.
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Some States have competitive bidding laws and contracting
restrictions which hamper procuring and contracting for
resource recovery systems. Thus, the strategy must consider
the varying abilities of the States to implement the resource
conservation and recovery provisions of the Act.
Some jurisdictions which need new or additional legislation
may be unable or unwilling to press for it. Institutional
relationships among different levels of government (city,
State, and county) or between the legislative and the executive
may affect the ability of a State or locality to implement
RCRA. The strategy must take account of the complexities
and difficulties associated with the passage of new or
amended legislation at the State and local level.
States and localities are also at different stages of
development in building the organizational infrastructure of
people and authority necessary to carry out the mandates of
RCRA. This constraint could be addressed by: (1) choosing
priorities and criteria which will lead to a program all
States could implement, even if the program would be less
comprehensive than that program which could be implemented
by States which have more highly developed infrastructures,
or (2) developing a program that meets the more complete
interpretation of the Act's goals and objectives, but which
at least some State and local governments would be institutionally
unable to respond within the time envisioned by the Strategy.
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This approach could result in phasing of coverage of the
regulations or of implementation of the regulations according
to the institutional ability of the State or locality.
Alternatively, the strategy could choose certain waste
streams or wastes for coverage regardless of the ability of
States and localities to respond adequately, but with the
expectation that their institutional development would be
accelerated as a result.
2. Public
In at least two areas, the attitudes of the public
may be the most important and the most difficult constraints
to implementing the Act. These areas are facility siting
and economic impact.
The history of citizen resistance to the siting of
solid waste facilities is extensive and consistent. Such
opposition is the nearly-unbroken rule rather than the
exception. A number of communities have been unable to
overcome citizen opposition to the siting of a landfill or
other solid waste management facility. This opposition is
not usually centered upon erroneous or disputed data regarding
the adequacy of the proposed facility with respect to public
health or the environment. It instead demonstrates an
educational and attitudinal problem which solid waste management
officials will find to be a pivotal constraint and issue in
developing alternatives and solutions. The inability to
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obtain treatment or disposal facilities renders whatever
other steps solid waste management officials may take less
effective or ineffective. This suggests that alternatives
to disposal must be considered in the development of the
strategy.
Public attitudes also present a constraint with respect
to the economic impact of this Strategy. Most improvements
in solid and hazardous waste management entail increasd
costs to some sectors of the community. An example is higher
fees at a landfill or treatment facility, including the
imposition of fees where there may have been none before.
Another cost might be the requirement to use certain types
of containers for wastes—requiring householders to use
specific bags for waste, for example, or requiring industries
to use more secure containers for hazardous wastes. Improvements
in solid waste management may be expected to increase costs
to those disposing of wastes, costs which may be expected to
be passed along to the public. Public willingness to pay
for improved solid and hazardous waste management is difficult
to predict, especially without precise data on the nature
and scope of those increased costs. This issue is institutional
as well as economic to the extent that the public willingness
to pay may be affected by educational and other efforts to
impact attitudes. Were the public unwilling or highly
reluctant to pay the costs, the goals and objectives
of the Act might well be frustrated.
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The strategy must therefore take account of the public's
attitude toward the siting of new facilities and the economic
impact of increased solid waste management.
D. Economic Implications
Constraints to implementing RCRA may arise as a result
of the economic implications of the Strategy, although at
this time, much of the data by which EPA could assess this
impact is not available.
a. Cost of Compliance
Certain costs are nevertheless identifiable as likely
to fall onto the regulated and/or affected community, either
directly or indirectly. The more obvious include the costs
of upgrading unacceptable disposal practices to raeet criteria
to be developed under Section 4004, and the costs of upgrading
or developing an alternative where an unacceptable facility
is identified. Where the costs of these actions exceed the
ability or willingness of a community to pay, the goals of
RCRA and of this Strategy could be frustrated; yet this
possibility must be balanced against the public health and
environmental benefits to be realized from closing as many
unacceptable facilities as possible.
The hazardous waste regulatory program presents similar
choices. The costs of using acceptable treatment or disposal
practices for hazardous wastes may be many times the cost of
current, unacceptable practices. The costs of new transportation
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and container packaging requirements, new record keeping and
reporting requirements, the obtaining of permits, and the
attendant expenses of sampling, analyzing, and monitoring.
waste streams, and long-term care and surveillance at facilities
will all involve additional cost.
EPA must balance these costs to the regulated community
against the benefit to be realized, as in deciding the
frequency or number of reports, or of sampling and analyses.
Wherever EPA requires new or increased reporting, record
keeping or sampling, a "cost of compliance" is being levied
upon the regulated community. The development and implementation
of this strategy must necessarily weigh the incremental
costs of these actions against the incremental benefit.
b. Costs of Implementation
The costs incurred by EPA and other regulatory and
planning agencies in developing and implementing RCRA may be
termed "costs of implementation." Direct costs of imple-
mentation include the administrative expenses entailed in
implementing and enforcing Subtitle C and implementing and
enforcing Subtitle D. The staff time and overhead in developing
and promulgating regulations and guidelines, in monitoring
reports and related requirements, and in implementing and
maintaining permit and systems are all examples of implementation
costs.
Finally, the recommendations made by the Resource Con-
servation Committee (RCC) under Section 8002 (j) have obvious
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economic implications. Any economic incentive or disincentives
will impact on both industry and the public. Some policies
such as the product charge concept could create a solid
waste fund which could be distributed to the cities and
States to cover solid waste collection and disposal costs.
The economic implications of such policies will be addressed
in the recommendations of the RCC.
The Agency is committed to making every possible effort
to minimize negative economic impacts while still minimizing
the threat to public health. This commitment relates to all
costs, compliance and implementation, primary and secondary.
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Chapter VII
MAJOR CHOICES
This chapter presents an analysis of the three major
choices that must be made in order to establish specific
program priorities and activities.
I. What relative emphasis should be given to the
different waste streams that are covered in the
definition of solid waste: industrial wastes,
residential waste, wastewater treatment sludges
and other pollution control residues, mining
wastes, agricultural wastes and those portions of
these streams that will be considered hazardous?
2. To what extent should resource conservation as
opposed to waste disposal be emphasized?
3. To what degree should the tools of regulations,
economic incentives, research and development, and
public participation be emphasized?
This chapter discusses these choices in light of both the
criteria for setting priorities developed in Chapter V and
the constraints to implementation discussed in Chapter VI.
A. Waste Stream Priorities
The RCRA definitions of "solid waste" and "disposal"
indicate that all waste streams and management practices are
subject to the provisions of the Act. Included within the
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RCRA framework, therefore, are solid, semi-solid and liquid
wastes from residential, industrial, mining, and agricultural
sources, disposed of in landfills, impoundments and by
landspreading and other recovery and disposal operations.
Because of this breadth of coverage, priorities must be
established to permit a logical and rational approach.
Phasing will be required. For example, the regulatory
program could be developed so as to first address the most
critical waste streams, with an option of phasing in other
streams at a later date; or the program could be developed
to cover all waste streams, with implementation phased in
over time. The major factors which influence waste stream
priorities include: quantities generated, health and en-
vironmental impacts, potential for recovery, and public
visibility and concern. Potentially, the waste stream
priorities for disposal controls maybe different from those
for resource conservation and recovery. The following
observations can be made about the waste streams to be
covered by RCRA.
1. Quantities Generated
Wastes will be designated as hazardous because of
their flammability, corrosivity, toxicity, and other related
factors such as persistence and degradability in nature.
This waste stream is comprised of approximately 30
million tons (dry weight), or 5% of the total solid waste
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stream. It includes some pollution control residuals,
including some wastewater treatment sludges and flue gas
desulphurization sludges. The bulk of the wastes to be
designated as hazardous are in the form of industrial
process wastes.
Residential, commercial and institutional wastes are
estimated to total approximately 100 dry million tons per
year annually. These wastes are derived from households,
commercial establishments, and institutions, such as schools
and office buildings.
The wastewater treatment sludge stream is comprised of
approximately 7 million dry tons annually. This waste
stream is currently the smallest segment of the total,
although quantities are growing rapidly due to increased
installation and upgrading of municipal wastewater centrol
plants.
These industrial process wastes and pollution control
residuals not designated as hazardous comprise a waste
stream of approximately 245 million dry tons per year disposed
of in an estimated 50,000 disposal sites. These wastes,
with mining wastes, estimated at 4 billion tons and agricultural
wastes, estimated at 2 billion tons, comprise the three
largest waste streams covered by the broad definition of
solid waste found in RCRA.
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2. Health and Environmental Impacts
Hazardous wastes appear to have the greatest
potential for posing a risk to public health and the environment
as currently handled and disposed (i.e. through migration of
leachate from landfills or impoundments to groundwater; or
uptake of contamination from landspreading practices into
food crops). Technologies are currently available to
minimize the health risks from the management of hazardous
wastes, although the state of the art is not sufficient to
guarantee a particular level of protection. Implementation
of the technology is expected to result in higher costs,
with some acceptable disposal facilities costing as much as
10 times current costs.
The improperly controlled land disposal of residential,
commercial and institutional waste can also negatively
affect public health and the environment as the waste constituents
leach into surface streams and groundwater aquifers and
significantly impair their quality. While the degree of
contamination may be somewhat less than for uncontrolled
hazardous waste landfills, the number of non-hazardous
landfills (estimated at approximately 18,000) makes the
potential health effect significant. Although no data are
available to compare the quantity of leachate from hazardous
and residential waste disposal facilities, it is not implausible
to arrive at the tentative conclusion that the total quantities
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of contaminated leachate available to pollute grourdwaters
from residential sites are not much different than from
hazardous waste sites.
Through proper planning, design, operation and moni-
toring of disposal facilities, many of the public health and
environmental risks can be minimized. As with hazardous
waste disposal facilities, the techniques to minimize these
risks have been successfully applied in particular situations.
However, they involve use of control technologies new to the
field, and not widely accepted. It has been estimated that
implementation of the technology could result in costs on
the order of $200 million annually.
The management of wastewater treatment sludges, the
residuals from sewage treatment plant operations, present a
potential for adverse effects on health and the environment
both through contamination of ground and surface waters and
through heavy metal uptake into plants. The risk from
these land disposal options is particularly significant if
the sludge is contaminated with heavy metals and toxic
organics but still falls outside of the hazardous waste
umbrella.
There is considerable uncertainty over the technologies
for the control of sludge disposal, although it is clear
that methods of minimizing degradation are available. The
cost of instituting these methods has been estimated at $50
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million. Wastewater treatment sludges can be recycled by
spreading the waste on the land, and this activity, if
properly managed, is encouraged by EPA.
Industrial process wastes and pollution control residuals
are generally disposed of on the land, either in landfills
or impoundments (pits, ponds, or lagoons). These disposal
alternatives present a potential for risk to the environment
because of leachate or leaking of the disposal facility into
ground or surface waters. Because of the vast number of
industrial disposal sites, estimated at 50,000, this waste
stream poses significant risks to the environment.
The theoretical design of an environmentally acceptable
industrial waste land disposal site is well established.
This design concept is based on use of a natural or artifical
barrier between the waste and the ground or surface water to
be protected. However, there is a lack of data on the
compatibility of specific industrial wastes with both
artificial and natural barriers. Only general statements
can be made such as, clay type liners may deteriorate when
exposed to strong acids, bases or concentrated brines, and
polymeric liners may swell when exposed to oily wastes.
Anything more specific can only be determined by compati-
bility tests with various liner materials and the specific
industrial waste to be contained. The economic impact of
instituting this technology has been estimated to range in
the hundreds of millions of dollars.
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As pointed out earlier, mining and agricultural wastes
represent the largest tonnages of residual materials disposed
of on the land. However, environmental impacts and control
technologies are the least well known. [Mining is, however,
the subject of a study mandated under Subtitle H of the
Act.] Total agricultural residues include crop residues
consisting of field and packing shed wastes, forestry
residues, consisting of wood and bark wastes and manures
from confined animal operations.
There are virtually no controls on the use of crop
residues and much of the residue is recovered. There are
limited controls on forestry residues pertaining to the
water pollution and insect aspects. Animal feedlot wastes
are regulated as point sources by EPA water pollution control
regulations, but these controls do not extend to land
application.
3. Potential for Resource Conservation and Recovery
With respect to hazardous waste, there are opportunities
both for changing the nature of the hazardous waste stream
through in-plant processing system changes, and for the
recovery of potentially hazardous wastes through in-plant
recycling, waste exchanges, and other methods. At the
present time, few hazardous wastes are recycled. Recent
studies indicate that management costs for some hazardous
wastes could be less than current costs if recycling techniques
were employed.
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Greater opportunities exist to prevent waste generation
and recover resources from residential, commercial and
institutional wastes. The 75 to 80 percent of these wastes
collected daily in the Nation's urban areas can feasibly all
be processed to recover energy and materials. Furthermore,
it would be feasible to prevent at least 10 percent of these
wastes from being generated.
There are also opportunities for resource conservation
and recovery through in-plant processing changes, in-plant
recycling and waste exchanges. The energy potential of
these wastes is particularly significant. However, industry
is already utilizing some of this potential. The potential
for additional recovery may be high and should be evaluated.
Approximately 25 percent of all wastewater treatment
sludges are currently recycled. It is expected that this
figure will not decline, despite increased regulatory control
over unacceptable landspreading practices.
From a resource recovery standpoint there appears to be
opportunities for the recycling of both mining wastes and
agricultural wastes. However, little resource recovery is
practiced because of economic constraints rather than because
of technological problems.
4. Public Visibility and Concern
A unique characteristic of residential, commercial,
and municipal solid wastes is their public visibility.
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There is a heightened awareness and expectation of Federal
involvement toward these wastes by the public and Congress.
This is also true of wastewater treatment sludges, but does
not relate to the other waste streams covered by RCRA.
The foregoing suggests the following priority groupings
for waste streams:
For application of disposal controls the highest priority
group is hazardous and industrial wastes; medium priority is
residential, commercial, and institutional wastes and wastewater
treatment sludges; lower priority is mining and agricultural
wastes.
For application of resource conservation and recovery
the highest priority group is residential, commercial, and
institutional, as well as wastewater treatment sludges;
medium priority are industrial and hazardous wastes; and
lower priority are mining and agricultural wastes. However,
the priority of industrial wastes relative to residential
wastes could change after the potential for recovery of
industrial wastes is evaluated.
These broad waste stream rankings will be used in
assessing specific program priorities in Chapter V.
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B. EMPHASIS ON RESOURCE CONSERVATION AND DISPOSAL
This section discusses the potential of resource con-
servation and recovery as opposed to disposal controls for
achieving the goals and objectives of RCRA. This discussion
will form a basis for establishing priorities by exploring
the potentials of the approaches, the interrelationships
between them and the strategic options for carrying them
out. Basic choices within this option are:
Primary emphasis on resource conservation,
(reuse, and recovery).
Primary emphasis on disposal controls.
Balanced emphasis, perhaps with a phasing of
the two approaches over time.
1. Emphasis on Research Conservation
One strategic approach would be to place more emphasis
on developing alternatives to disposal than on controlling
disposal. Resource conservation approaches divert solid
waste from disposal. In doing so, they achieve both protection
of public health and the environment and conservation of
natural resources.
The extent to which resource conservation measures are
actually implemented depends primarily on their economic
feasibility relative to other waste management alternatives,
and the availability of technology to implement them. These
have all been major constraints to implementation in the
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past. The first factor will be partially overcome by the
imposition of controls to eliminate low cost, environmentally
unacceptable disposal. It will also be addressed by the
Resource Conservation Committee in their mandated analysis
of economic incentives. Technologies are still in early
stages of development and application. Although this con-
stitutes a constraint to implementation, some technologies
can be and are being implemented.
The potential for recovery of energy and materials from
solid waste is significant. Both municipal and industrial
wastes are already collected and aggregated, making them
accessible. Almost 1 percent of the Nation's energy con-
sumption could be met by recovering energy from just the
municipal solid waste generated in urban areas. Industrial
waste has nearly two times the energy potential. Materials
can be recovered from these wastes representing significant
percentages of national consumption. There are also other
recovery applications. For example, it has been estimated
that 25 percent of the wastewater treatment sludges are now
used in landspreading to provide crop nutrients. This
figure could be significantly increased.
Estimated impacts of resource conservation and recovery
suggest that they can provide a significant reduction in
disposal needs, but can by no means eliminate the need for
disposal. Based on projections assuming no additional
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Federal stimulation, it was estimated that recovery of
energy and materials from residential solid waste would
increase by approximately 27 million tons from its current
level of 10 million tons. This increase would be less than
50 percent of the estimated increase in waste generation
during the next 10 years. Thus, • residential and commercial
waste going to disposal yearly will still increase by 30
million tons over this period in the absence of further
Federal stimulation. However, if Federal activity were
reduced from current levels, it is possible that the increase
in waste recovery over the next 10 years could be no more
than half of the projected 27 million tons.
Public concern with resource conservation approaches
has been a driving force toward implementation of these
approaches. This concern has often been significant enough
to reduce institutional barriers to the implementation of
conservation options.
From the standpoint of resource management in the
economy, these approaches clearly represent "preferred"
waste management practices which should be carried out in
lieu of disposal to the extent possible. They result in
conservation of material and energy resources, they conserve
land for beneficial use rather than use as a depository, and
they protect the public health from adverse impacts of
improper land disposal. Clearly, these practices should be
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key components of a long range waste management strategy for
the nation.
However, it would not be logical to focus RCRA imple-
mentation primarily on resource recovery and conservation
approaches at this time. These approaches do not represent
the most direct ways of meeting the goal of protection of
public health and the environment. Furthermore, the specific
time constraints mandated for controlling solid and hazardous
waste disposal cannot be ignored. The fact is that even
with aggressive Federal efforts toward recovery most wastes
will continue to be deposited on the land for many years in
the future. Finally, it is doubtful that the authorities in
RCRA for resource conservation and recovery are strong
enough to justify a major shift of emphasis in that direction.
b. Emphasis on Disposal Controls
Control of the disposal and handling of solid waste is
the most direct means of addressing the goal of protection
of public health and the environment. By specifying oper-
ating practices or emissions levels, regulations can be
established to eliminate adverse impacts of disposal. Such
controls are a logical complement to the controls already
existing and planned relative to air and water. Since the
latter tend to create wastes which are disposed of on the
land, this "closing of the loop" of environmental controls
is clearly necessary.
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The authorities in RCRA for control of disposal (as
well as handling of hazardous wastes) are relatively strong.
Although data on the severity of health and environmental
impacts are limited, there is general agreement that an
unacceptable level of damage is occurring. Given the
continued dominant role of disposal, an emphasis on developing
regulations for disposal control can be argued.
The potential impacts of such regulations depend
largely on two factors: the availability of data to define
the level of control that will protect public health and the
environment, and the extent to which the regulations are
implemented. The latter factor in turn depends on: the
availability of technology and facilities to comply with the
regulations; and the extent to which monitoring and enforcement
activities are carried out.
It is difficult to make a reasonable quantitative
estimate of the extent to which disposal controls will be
successful in eliminating adverse effects on health and the
environment within the next 10 years. One uncertainty
arises from the fact that RCRA does not provide for Federal
enforcement of disposal for other than hazardous wastes. For
other solid wastes, the Federal role prescribed in RCRA is
to establish criteria for characterizing disposal operations
which adversely affect health and the environment. The
application and enforcement of the criteria is the responsi-
bility of the States. Some States can be expected to move
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aggres-ively to eliminate environmentally unacceptable
disposal sites and practices. Other States will not. In
fact, several States already have regulations which would
eliminate disposal practices which cause adverse health and
environmental impacts. Yet in many cases, they are not
implemented to a significant degree.
This has often occurred because of lack of staff to
adequately monitor and enforce State rules and regulations.
Furthermore, monitoring of sites, even to determine initial
compliance, is likely to be expensive, time consuming and
somewhat imprecise.
Lack of feasible alternatives is another constraint.
For example, it has become increasingly difficult to locate
new land disposal sites for solid wastes and very difficult
to locate sites for hazardous wastes. Many States and
cities have started to look to resource recovery as a solution,
but have found technological and economic uncertainties that
have made them hesitate.
This is not to suggest that disposal controls as a
waste management strategy will be ineffective, but rather
that they cannot be expected to be quickly implemented and
broadly applied. A number of years will be required before
they are likely to be effective in controlling the majority
of adverse health and environmental impacts of handling and
disposal of solid waste.
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Furthermore, to the extent that hazardous waste controls
alone are emphasized - the area of greatest direct Federal
authority - the Federal solid waste program would address
only five to six percent of the total municipal and industrial
waste streams. There is not evidence to show that the
damages from this fraction of solid waste are so significant
that the environmental damages and recovery potentials of
the remaining 95 percent of the wastes should be ignored.
The limited direct Federal authority to control the
disposal of the remaining wastes raises serious doubts about
the logic of focusing primary Federal attention only in this
area. In fact, the major Federal lever to bring about
disposal controls for solid waste sites is financial and
technical assistance to the States to develop comprehensive
solid waste management plans. This suggests that an emphasis
on disposal controls alone would not result in maximum
benefit.
c. Balanced Emphasis
The foregoing discussion strongly suggests that the two
waste management options are mutually dependent and supportive.
Controlled disposal is basic to achieving the goal of
protecting public health and the environment. It is not
possible to divert a majority of wastes from disposal in the
forseeable future through conservation-oriented waste
management practices. Yet the success of disposal controls
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will depend significantly on the availability of recovery
and conservation alternatives.
The appropriate strategy for implementing RCRA would
thus seem to suggest a balance between the approaches discussed.
However, since RCRA mandates greater control of hazardous
wastes, and since these efforts will likely prove reasonably
effective in the short-term, a greater emphasis on hazardous
waste is suggested in the early years.
However, some emphasis on resource conservation must be
maintained in order to make the regulations more effective
and set the stage for a probable shift of Federal emphasis
to this area several years in the future. Furthermore,
maximum advantage should be taken of the State planning
provisions of Subtitle D to move States toward resource
recovery as well as away from environmentally damaging
disposal. In short, resource conservation and recovery must
work in concert with disposal controls if maximum benefits
are to be obtained.
C. Tools for Implementing RCRA
There are five major tools that can be used to meet the
goals and objectives of RCRA: regulations, economic incentives,
research and development, technical assistance and public
participation. At issue in this section is the extent to
which each of these tools should be emphasized in the imple-
mentation of the Act. A brief discussion of each of these
tools follows.
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1. Regulations
Regulatory activities are mandated for the management.
and control of hazardous wastes (Subtitle C), and, to a
lesser extent, for the control of other solid waste disposal
(Subtitle D). The Resource Conservation Committee (Subtitle
H) is also required to investigate the feasibility of regu-
latory approaches for waste prevention and recovery. Waste
prevention and resource recovery are not specifically
provided for in the regulatory structures of the Act.
However, requirements that these approaches be adequately
addressed can be written into the State plan guidelines to
be developed under Subtitle D. Additionally, it would be
possible to write the regulations under Subtitle C so that
recovery facilities would not be considered either treatment
and/or disposal facilities and therefore subject to permits
under the Act.
The development and implementation of the RCRA mandated
regulations provides the clearest and most direct thrust
toward meeting the goal of protecting health and environ-
ment. It is important to point out, however, that the
regulatory process is neither a simple nor an independent
one. The development of effective regulations, for example,
requires a strong research, development and demonstration
base, and the implementation of regulations generally
requires some technical assistance.
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Looking specifically at the RCRA requirements, it is
clear that the regulatory programs cannot stand alone. The
data base for developing programs under both Subtitles C and
D, for example, is not as strong as would be desirable.
Areas of particular concern are the lack of data for defining
what constitutes a hazardous waste; what test procedures can
be used to identify such wastes; what disposal technologies
can achieve various levels of control; and the need for
related research, development and demonstration programs.
Similarly, it is not anticipated that implementation of
the regulations could be accomplished without a significant
technical assistance effort. This applies to hazardous
waste program development at the State level, as well as to
the development of State programs to implement the Subtitle D
efforts.
It is nevertheless important to recognize (1) that
sufficient data do exist to develop regulatory programs as
mandated under the Act, and (2) that such programs represent
the most direct approach to meeting the goal of protection
of public health and the environment.
2. Economic Incentives
RCRA requires that economic incentives be studied
under Subtitle H of the Act, and that recommendations be
made to the Congress on particular incentives that would
result in resource conservation.
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This mandate in RCRA is potentially the most significant
functional tool that can be applied to resource conservation
activities. The types of incentives authorized for study
would potentially have far reaching effect on the economic
viability of resource conservation activities relative to
hazardous and other waste streams.
It is, however, important to point out that even if
recommended such incentives would require new legislation.
The Act itself does not permit the implementation of economic
incentives without the passage of specific legislation.
3. Research, Development and Demonstration
Subtitle H of RCRA provides a broad authority for
conducting research, development and demonstration projects
for all solid wastes. Critical needs for activities of this
type exist in a number of areas, particularly in (1) the
development of new and improved methods for site selection,
design, operation and maintenance of landfills, (2) the
development and evaluation of alternative methods of waste
residual disposal to land, (3) the development of remedial
measures for minimizing the environmental impact of environ-
mentally unacceptable land disposal sites, (4) the development
of and economical and environmental assessment of methods
for processing and/or treatment of hazardous materials, (5)
the development/improvement of technology to increase the
recovery and reuse of waste material by developing/improving
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technology and developing marketable products and (6) the
development of new and improved systems for collection,
storage and transportation of solid wastes. Additionally,
as has been pointed out in the discussion on regulations
earlier in this section, there are not sufficient data on
the effects, particularly health effects, of specific practices.
Research efforts to develop these data will be necessary in
the effort to prepare guidelines on alternative waste management
practices.
Research, development and demonstration activities are,
of course, not an end in themselves. However, it is extremely
important that high priority be assigned to these activities
so that alternative technologies that can minimize health
effects and assure the feasibility of resource conservation
are made available.
4. Technical Assistance
Technical assistance activities are provided for
in various sections of RCRA. Subtitle B requires the
establishment of Resource Recovery and Conservation Panels
to provide States and localities with assistance on all
aspects of solid waste management. Subtitle D also provides
for technical assistance to establish State programs for
solid waste (including hazardous waste) management.
The Act is clear in its direction that the enforcement
of Subtitle C be carried out by the States to the maximum
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extent possible. Furthermore, it is considered a more
efficient utilization of Federal resources to develop capa-
bilities in the States through technical assistance rather
than to create a new capability at the Federal level. Thus,
assistance to States is a major functional complement to the
development of the regulations for controlling hazardous
wastes.
The extent to which technical assistance should be used
to bring about the closing or upgrading of unacceptable
disposal sites under Subtitle D or the implementation of
alternatives to disposal, such as resource recovery, is
another key issue. One alternative is to rely on the
capabilities of States to classify the sites, provide for
upgrading, or implement alternatives. The viability of
this approach depends partly on the extent to which techniques
and procedures for classifying sites are readily available
and can be straightforwardly applied. Although some States
have already implemented such procedures, the majority have
not. Furthermore, techniques and procedures are not readily
available in many instances, particularly for some types of
disposal. Thus a technical assistance support effort is
anticipated following promulgation of the criteria.
The complexity of implementing resource recovery
strongly suggests a need on both the part of municipalities
and States for Federal technical assistance. The existence
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of new procedures for financing, procuring and managing
resource recovery systems, as well as the complexity and
newness of the technologies and markets was widely testified
by the public and private sector in the framing of this
provision of RCRA. Such issues have been widely reported as
significant barriers to implementation of resource recovery.
The viability of the technical assistance effort is
nevertheless dependent upon (1) the existence of the regu-
lations for hazardous and other waste management, and (2)
the availability of technologies for both disposal and
conservation. In light of this, highest priority for disposal
control activities (particularly in the hazardous waste manage-
ment area) should be given to the tools of regulation and
research development. Technical assistance is regarded as
a key to implementation of the regulations, and should
become higher priority when the developmental work has
progressed sufficiently. Technical assistance to plan and
implement State programs for land disposal and resource
recovery through Subtitle D are also of a high priority.
5. Public Participation and Information Activities
In view of the disparity of appropriated and authorized
funds for RCRA; the difficulties inherent in undertaking its
mandated regulatory actions, its prescribed economic incentives
and technical-assistance programs; and the need for assump-
tion by industry and the States of many new responsibilities
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engendered by the Act,—successful implementation of RCRA
depends on a high level of public understanding and parti-
cipation. Fortunately, the Act contains a full array of
public information and participation provisions. Section
7004 (b) of Subtitle G requires that public participation in
implementing all parts of the Act is to be provided for,
encouraged, and assisted by EPA and the States. EPA, in
cooperation with trie States, is to develop and publish
minimum guidelines for such public participation. Section
8003 of Subtitle H requires EPA to develop, collect, evaluate,
and coordinate information in key solid and hazardous waste
subject areas; to rapidly disseminate this information; to
implement programs to promote citizen understanding; and to
establish a central reference library on solid waste management.
Public participation is necessaryzin the implementation
of the regulations a.s well. Section 3010 requires all
generators, transporters, storers, treaters and disposers of
hazardous waste to notify EPA of such activity. This preliminary
notification is a vital portion of the enforcement program.
By identifying all participants in the hazardous waste
program EPA and the States will more effectively bring all
hazardous waste handlers into compliance through enforcement
activities. Furthermore, EPA will be able to foster voluntary
compliance through the information subsequently forwarded to
notifiers.
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The public participation guidelines now being promulgated
in interim form apply not only to EPA but also to State,
regional, and local governments receiving financial assistance
under the Act. Each agency is required to conduct its own
rulemaking and related activities. To assist the State and
local governments, EPA will provide information materials
and financial assistance for citizen education programs.
The information materials will be prepared in a variety of
formats and media for all levels of technical, governmental,
and public audiences as aids in understanding the significance
of the solid waste data base, the issues that emerge from
it, and the resultant decisions that must be made.
Because of the participation by the public in their
development, the final regulations, standards, and guidelines
when promulgated should represent the views of a wide spectrum
of interests, and be therefore more acceptable than would
have been the case without public involvement in the decision-
making process. Because of the information dissemination
and citizen-education programs, when the time comes to
enforce Subtitle C, to close or upgrade unacceptable disposal
sites under Subtitle D, and to implement the other programs
needed to bring about improved waste management practices
and resource conservation, EPA should find already in place
a base of realistic governmental and public support.
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Chapter VIII
PROGRAM PRIORITIES
Chapter VII presents a discussion of the strategic
choices that must be made in order to implement RCRA, given
the constraints described in Chapter VI and the criteria for
setting priorities presented in Chapter V. Based on these
discussions, the following priorities, activities and
outputs have been selected.
A. Priorities
1. Controlling waste disposal should be the highest
priority activity in the RCRA implementation
effort in the next 5 years. This is because:
a. This activity will have the most direct
impact on the adverse public health effects
of improper solid waste management.
b. This activity will provide an indirect stimulus
for resource recovery and conservation by
increasing the costs of disposal.
c. RCRA contains very clear and strong mandates
relating to disposal controls.
This activity will focus on:
a. The promulgation of regulations for controlling
hazardous waste.
b. The promulgation of criteria and guidelines
for eliminating open dumps.
c. The development of State programs for implemen-
ting the hazardous and solid waste programs
through Subtitles C and D and the Technical
Assistance Panels.
d. Federal enforcement of hazardous waste regulations
where States fail to act.
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e. Research, development, and demonstration of
improved land disposal and hazardous waste
management practices.
2. In order to establish resource conservation and
recovery as the preferred solid waste management
options, certain programs are also high priority
in the next 5 years. This is because these activi-
ties, essential to establishing the viability of
resource conservation, have long lead times. It
is important to start them now in order to provide
alternatives to land disposal in the future.
a. The development of economic and market in-
centives for fostering conservation and
recovery through the Resource Conservation
Committee and through Federal procurement of
products containing recycled materials.
b. The development of State and regional programs
for resource conservation and recovery through
the planning and financial assistance programs
of Subtitles C and D and the Technical
Assistance Panels.
3. Industrial wastes should receive priority emphasis
for all solid waste management activities. This
is due to the relatively greater toxicity and
quantity of such wastes. Residential and com-
mercial wastes and wastewater sludges should also
receive considerable attention due to the sig-
nificant potential for resource conservation and
recovery, and because programs related to these
wastes will be able to proceed more rapidly.
4. Encouragement of Sta'te implementation is a high
priority activity and incentives should be provided
for that purpose. Achievement of the objectives
of both Subtitles C and D depend upon the establishment
and implementation of State programs (both for the
regulation of disposal and for resource recovery
and conservation). Financial and technical assistance
for the development of State programs should be
maximized. A relatively higher level of effort
will be allocated to this activity than to local
implementation grants, rural community construction
grants and technical assistance to local governments.
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B. Major Activities
Within the broad framework of priorities presented in
this chapter, it is possible to provide some general groupings
of projects that will receive major emphasis, less emphasis
and no emphasis.
1. Major Emphasis
a. Subtitle C regulations and Section 1008
guidelines for identifying the characteristics
of hazardous waste, and listing hazardous
wastes; and for controlling the generation,
transportation, storage, treatment and disposal
of hazardous wastes.
b. Subtitle D Criteria and Section 1008 guidelines
for determining acceptable and unacceptable
disposal; and for conducting the open dump
inventory.
c. Sections 3006, 3011, 4002, 4008 and 4009,
guidelines and financial assistance to
assist States in the development and implemen-
tation of hazardous and solid waste programs
including the implementation of resource
conservation.
d. Section 2003 technical assistance panels to
assist in development of State programs.
e. Section 8002(i) Resource Conservation Committee
of recommendations to Congress for resource
conservation and committee.
f. Subtitle H research, demonstration and
evaluation activities for the management
and recovery of hazardous wastes and
solid wastes.
2, Medium Emphasis
a. Section 6002 guidelines for Federal procurement
of recovered materials.
b. Section 8002 reports to Congress.
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c. Section 7004 public participation guidelines
and Section 8003 public information dissemination.
d. Section 2003 technical assistance teams for
local implementation.
No Activity
a. Section 1008 guidelines for the prevention,
recovery and disposal of agricultural and
mining wastes.
b. Section 2004 tire shredder grants
c. Section 8003 solid waste management library
and model accounting systems.
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CHAPTER IX
MANAGEMENT RESPONSIBILITIES
A. EPA - Headquarters
The role of EPA's headquarters offices should be one of
developing program and policy guidance so as to assure
consistency in the implementation of the Act and of this
Strategy from Region to Region, State to State, and city to
city. This will require the setting of certain bounds
within which decision makers in the field may take account
of unique or unusual circumstances, problems, or approaches
to solid and hazardous waste management.
The headquarters offices must necessarily exercise
oversight of the Regions, but this need not compromise the
validity of describing the implementation of RCRA and of
this Strategy as "decentralized."
Specific responsibilities for EPA's headquarters office
include: the development of policy, regulations and imple-
mentation and enforcement guidance; the development and
dissemination of general and technical information; the
conduct of analyses and investigation and the research,
development and demonstration of technologies for assuring
safe disposal and encouraging resource conservation and
recovery.
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B. EPA - Regional Offices
1. Subtitle C
The Regional Offices will be the focal points for
implementing RCRA. The Regional Administrator should not in
any sense be precluded from requesting and receiving Head-
quarters' assistance in any facet of the program; nearly all
decision authorities, however, should be delegated to the
Regions.
The Regional Offices should have lead responsibility
for assisting States in developing hazardous waste regulatory
programs sufficient to receive authorization under Section
3006 (b) or 3006 (c). While Headquarters can, and will,
assist the Regions in this, the Regional Offices are better
able to understand and evaluate the problems and views of
their States, having worked closely with them on a variety
of problems over a considerable period of time.
The Regional Offices should also have authority to
review and decide whether to approve applications for authori-
zation under Section 3006. The process of developing State
programs will usually be closely tied to the grant process,
making more compelling the need for the Regional Offices to
supervise both processes. The Region will need to work
closely with States to ensure that the State program is
developing properly, and that such application as the State
may make for authorization is adequate.
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Where States do not seek or do not receive authorization
for their own hazardous waste regulatory programs, the EPA
Regional Office will be responsible for administering and
enforcing the regulatory programs under Subtitle C. The
Regional Offices will issue and enforce permits, manage the
reporting systems, conduct the inspections, and discharge
all the implementation responsibilities assigned to the
Administrator under Subtitle C.
Where States do receive authorization under Sections
3006 (b) or 3006 (c) the Regional Office will be responsible
for exercising oversight of the State program, ensuring that
the State is adequately administering and enforcing the
requirements of Subtitle C.
2. Subtitle D
The Regional Offices should have the lead responsibility
in working with States to designate solid waste management
planning areas, and planning and implementation agencies, in
assisting both States and designated
areas to develop their respective plans, and in evaluating
such plans as may be submitted. This process will ordinarily
be closely tied to the grant process, making more compelling
the need for the Regional Offices to supervise both processes.
The Regional Offices are also expected to provide
guidance to States on implementing the Subtitle D Land Disposal
Criteria and on the conduct of the open dump inventory.
They will, in effect, be the key actors in the EPA implementation
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of Subtitle D, providing, wherever necessary, assistance to
States and localities in the implementation process. The
Regional Office role is viewed as one of encouragement,
guidance and advice for Subtitle D implementation, since
there is no Federal enforcement of this program.
3. General
Regional Offices should retain the lead responsibility
they have for overseeing solid waste planning and implementation
grants to State and local government. This includes ensuring
that the programs for which EPA is giving grant support will
meet the intent of RCRA and this Strategy.
The Regional Offices should also be the focal points
for technical and program assistance. This includes assisting
States and local jurisdictions in developing approvable
plans under Subtitle D; in developing acceptable regulatory
programs under Subtitle C; and, assisting States and localities
with project specific problems of resource conservation
systems, or solid and hazardous waste disposal.
The Regions should take every opportunity to encourage
the development and implementation of plans and of programs
which increase resource conservation and recovery. As the
level of EPA closest to grantees, the Regions are uniquely
able to ensure that the mandatory or priority work which is
performed by States and localities includes attention to the
important but lower priority goals of RCRA and this Strategy.
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C. EPA - Enforcement
In order to adequately enforce the regulations promulgated
under Subtitle C, RCRA provides the following authority to
the Administrator of EPA.
Section 3007, Inspections, grants the Administrator the
authority to inspect facilities which handle hazardous
wastes, and to have access to all records kept pursuant to
the other sections of Subtitle C.
The authority to inspect is a major element of the
compliance monitoring and permitting programs. Hazardous
waste management facilities will be inspected before a
permit is granted, and all hazardous waste handlers (including
the facilities) will be inspected on a continuing basis for
compliance monitoring. Inspections will also serve as a
means of gathering additional data on the technology of
hazardous waste management. This information will be used
to update the regulations as necessary, and to apply the
most current standards to the control of hazardous wastes
for the best protection of public health and the environment.
Section 3008, Federal Enforcement, provides the enforcement
mechanisms and remedies the Agency may apply in the event a
violation of Subtitle C regulations is discovered. The
three major remedies available are the Notice of Violation
(NOV), the Compliance Order, and the civil or criminal
penalties of up to $25,000 per day per violation and/or a
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maximum of 1 year in prison. These enforcement actions
occur in succession (NOV first, then compliance order,
etc.). However, if the violator does not respond to the NOV
after 30 days, the Administrator may seek injunctive relief
in the appropriate U.S. district court.
Furthermore, RCRA authorizes the Administrator to restrain
imminent and substantial endangerments to health or the
environment. Section 7003, Imminent Hazards, provides the
Administrator injunctive authority against persons who
handle both solid and hazardous waste in a manner which
endangers public health and the environment.
Based on these requirements, enforcement priorities and
responsibilities will include:
1. Response to hazardous waste emergencies (including
imminent hazard situations) and reports of flagrant
violations of RCRA and RCRA regulations
2. Early emphasis on the identification of all participants
in the hazardous waste regulatory program;
3. Issuance of permits to hazardous waste management
facilities on a priority basis;
4. Monitoring of compliance with RCRA regulations and
standards by generators, transporters, storers,
treaters and disposers of hazardous wastes on a
priority basis;
5. Enforcement against violators of RCRA regulations
and standards.
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D. States
1. Subtitle C
The legislative history clearly suggests that States
should implement the regulatory program authorized by
Subtitle C. EPA will therefore make every effort to structure
a program which is manageable by'States. The problem facing
EPA in encouraging State assumption of the hazardous waste
program may be described as a continuum: at one end, the
program is comprehensive, strict, and offers a high degree
of protection to the public health and environment. Such a
program will also be difficult and expensive to administer,
resulting in many States being willing but unable to seek
authorization. At the other end of the continuum lies a
program which includes the least possible administrative
burden and expense to the States, but which offers a somewhat
lower level of protection. Both of these goals (protection
of health and environment; State implementation) are important
to the Act. Given that neither an EPA managed nor a State-
managed program can be effective immediately, the long-term
goals of the Act can more effectively be met by encouraging
as many States as possible to develop acceptable regulatory
programs under Section 3006.
The States shall have primary responsibility for admin-
istering and enforcing hazardous waste regulatory programs,
subject to the approval of the appropriate EPA Regional
Office.
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2. Subtitle D
The State is the focal point for the implementation of
Subtitle D. States will be encouraged to participate to the
maximum extent possible in the implementation of these
programs, and the requirements prepared at the Federal level
will be as flexible as is feasible as a means of encouraging
State participation.
Specific State responsibilities center on implementation
of the Land Disposal Criteria with the prohibition of open
dumps. States will also be encouraged to conduct the open
dump inventory, and to encourage resource conservation and
recovery wherever possible through the State planning program.
The State should have responsibility for developing the
plan called for under Subtitle D for the management of solid
and hazardous wastes within the State. This includes planning
for non-designated areas, as well as the overall State plan.
The State should also review and approve any regional plans
being submitted to EPA.
The State should be responsible for ensuring that the
long-term resource conservation and recovery goals of the
Act are built into the more immediate planning tasks mandated
by Subtitle D.
3. General
States should offer as much technical and program assistance
to sub-State planning jurisdictions as is possible. This
may include financial assistance, and may be project-specific.
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States should also develop a data base for use in
future planning and enforcement activities. Sources of this
data include: the open dump survey; hazardous waste surveys;
and, the information resulting from implementation of hazardous
waste manifest tracking systems.
States will be encouraged to foster resource conservation
and recovery programs at both the State and local levels.
In some cases, this may be facilitated through technical
assistance. Pass through money for Subtitle D may also be
used in some States to encourage and direct local implementation
of resource conservation approaches.
C. Local and Sub-State Regional
1. Subtitle C
Local governments will bear the brunt of any opposition
to the siting of hazardous waste treatment or disposal
facilities. Consequently, local jurisdictions should place
heavy emphasis on citizen education and on public participation
in order to ensure a well-informed public. The problem of
facility siting and the preferred response to that problem
(citizen awareness) are the same for hazardous waste as for
other solid wastes, but are compounded.
2. Subtitle D
Local jurisdictions will be the principal level of
planning, where they constitute (in whole or part) a designated
area. Their planning should include an effort to promote
resource conservation and recovery within the Subtitle D
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plans they develop. The plans must also include all solid
and hazardous wastes, rather than some part or parts of the
whole waste stream.
As with Subtitle C, local governments will also bear
the brunt of any opposition to the siting of solid waste
disposal facilities. Conducting a well developed program of
citizen education and awareness will therefore be a key role
of local governments in the implementation of RCRA.
3. General
Local jurisdictions are, and should be, the focal point
for resource recovery systems. They should continue to take
the lead in developing and implementing innovative approches
to resource conservation and recovery. However, these local
initiatives should be consistent with the overall State
plan.
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Chapter X
INTERFACE WITH OTHER EPA PROGRAMS
AND OTHER AGENCIES
There are a number of legislative mandates being imple-
mented by EPA and other Agencies that interface directly
with the programs to be developed under RCRA. This fact is
recognized within the Act itself, where the Administrator is
urged to integrate all provisions of RCRA with the appropriate
provisions of other EPA legislation (Section 1006). Addi-
tionally, Subtitles E and H of RCRA specify certain respon-
sibilities for other Agencies (Department of Commerce and
Energy Research and Development Administration, now part of
the Department of Energy) in the implementation of RCRA.
The following narrative describes the specific areas of
interface, and suggests areas where other Acts and other
Agency programs could be used to strengthen RCRA.
A. Federal Water Pollution Control Act (Public Law 92-500)
1. Section 208 of the Federal Water Pollution Control
Act Amendments of 1972 provides for the identification of
complex water quality problem areas, and the designation of
areawide agencies in those areas to do water quality management
(WQM) planning. The State is responsible for WQM planning
in all areas of the State which are not designated and for
coordination of all WQM activities within the State. As
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part of the WQM effort, State and areawide WQM agencies are
to identify a process to control the disposition of all
residual (solid) waste in their areas which affect water
quality (Section 208(b)(2)(J)). After plan completion, the
Governor must designate management agencies to carry out the
solid waste elements of the WQM plan.
Subtitle D of RCRA is complementary to the approaches
to residual waste management under Section 208. Subtitle D
requires States to develop plans for areawide management of
solid wastes and for resource recovery where such planning
is appropriate. Hence, it is essential that close coordination
exist to assure that duplication of effort does not occur.
In identifying agencies for solid waste management
planning and implementation, the State should review the
solid waste activities being conducted by designated WQM
planning and management agencies. Where those activities
meet the intent of the Act (RCRA), the State should consider
identifying the WQM agencies as being responsible for carrying
out the solid waste activities under Section 4006(b) of RCRA.
Where the solid waste management and WQM agencies are
separate entities, strong coordination provisions should be
established. Procedures should be developed for:
a. Use of a common data base (e.g. demographic and
population projections, public participation
programs and program development strategies).
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b. Use of compatible report formats, maps,
scales, legends, etc.
c. Use of common geographic boundaries, wherever
feasible.
d. Use of a consistent sludge management policy
(e.g., source reduction vs. consolidation and
treatment and type of treatment).
e. Mutual identification of State legislative
changes needed for implementation; and
f. Coordination of implementation strategies.
2. The National Pollution Discharge Elimination
System (NPDES) established under Section 402 of the FWPCA
controls pollutant discharges from point sources to waters
of the United States. Permits under Section 402 can be used
for waste disposal if the permits can be shown to be necessary
to the attainment of the water quality standards that are
included as conditions of the permits. The possibility of
combining Section 402 permits with hazardous waste facility
permits is being explored. Additionally, the next revisions
of municipal NPDES permits will contain requirements that
industrial users subject to pretreatment be notified of RCRA
regulations, both those promulgated under Subtitles C and D
of the Act.
3. The FWPCA authorizes EPA to make grants for the
construction of municipal wastewater treatment plants,
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including sludge processing, management and disposal facilities.
In approving grants for these facilities, the Regional
Administrators will be able to utilize the RCRA Subtitle D
criteria and Subtitle A guidelines for sludge disposal,
thereby awarding grants only to those facilities that will
be in compliance with RCRA.
Another area of interface between the FWPCA and RCRA
relates to the funding of facilities that co-dispose of
sewage sludge and other wastes. At the present time,
Section 201 of the FWPCA does not permit the financing of
those portions of a facility that handle other wastes. To
encourage co-disposal facilities, it may be desirable to
finance the entire project. This is a disposal mode that is
rapidly becoming of interest to many communities, and will
require attention by implementers of both Acts.
B. Safe Drinking Water Act (Public Lav 93-523)
1. Surface Impoundments
Section 1442 (a) (8) (C) of the Safe Drinking Water Act
(SDWA) requires a study of the nature and extent of the
impact on underground sources of drinking water of ponds,
pools, lagoons, pits and other surface disposal of contaminants.
For simplicity, these methods of surface disposal have been
grouped under the general heading of surface impoundments.
In partial fulfillment of this requirement, the Agency has
contracted for such a study.
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The Agency is currently pursuing three courses of
action which address surface impoundments. Two of these are
under RCRA and one under SDWA. Under Subtitle C of RCRA,
the Agency will regulate facilities storing, treating or
disposing of hazardous wastes including surface impoundments,
landfills, etc. Under Subtitle D. of RCRA, the Agency is
required to promulgate criteria for determining which waste
disposal facilities should be classified as sanitary landfills
and which should be classified as open dumps. The definition
of "solid waste" and "disposal" in RCRA clearly indicate
that surface impoundments will be covered by these criteria.
Within one year of publication of the criteria, the Agency
must publish an "inventory" of open dumps. This requirement
is virtually impossible to meet due to the number of disposal
sites involved and the magnitude of the technical, economic,
legal and administrative tasks involved. The inventory,
therefore, will be phased in over the next few years. The
first year of the RCRA inventory will focus on municipal
solid waste landfills and sludge sites (not covered by the
SDWA assessment). The SDWA assessment will focus on surface
impoundments (industrial, oil and gas, mining, municipal,
and agricultural). This assessment will be conducted by the
States and it will involve counting the surface impoundments
within each State. A statistical sample of these surface
impoundments will be assessed to determine their potential
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for contamination of groundwater. In the second year, based
upon the SDWA assessment, the RCRA inventory will cover
industrial landfills. In later years the inventory will
cover agricultural and mining sites with priority on those
impoundments identified as potential problems in the assessment
program.
The programs under RCRA and SDWA will be integrated and
coordinated so that they are mutually supportive and minimize
duplication of effort. The surface impoundment assessment
program planned under SDWA will be used to support the
inventory of such facilities in that the SDWA assessment
program will serve as a screening device to establish priorities
for the RCRA inventory of surface impoundments. However, if
a State had sufficient information to determine which surface
impoundments were potential problems they could proceed
directly with the RCRA inventory earlier than indicated
previously. In fact, the States are encouraged to use the
inventory and other RCRA provisions to attack their worst
problems in accordance with State priorities; the assessments
being an appropriate aid in establishing such priorities.
This would not lessen the need for the SDWA assessment in
order to obtain a national survey of practices and to help
establish future policies. While this initial action will
begin to bring such sites under State control under RCRA,
EPA will continue to explore and reevaluate its authorities
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under RCRA, SDWA, the Federal Water Pollution Control Act
and the Toxic Substances Act in order to determine the best
regulatory approach under any or a combination of these
various authorities. If these authorities are not sufficient
to assure the adequate control of surface impoundments, EPA
will seek additional legislative authority which will assure
2. Underground Injection Control
The SDWA requires the promulgation of regulations
containing minimum requirements for effective State programs
to prevent the endangerment of undergound sources of drinking
water from injection of fluids (40 CFR 146). Those States
designated under the SDWA as needing an underground injection
control program must adopt and implement a program which
meets the requirements of these regulations. In the event
that a State fails to adopt and implement such a program,
the Agency is required to prescribe and implement a program
in that State.
The SDWA through the UIC program provides for the
regulation of injection of all types of fluids through
wells. This includes the injection of hazardous wastes
identified through 3001 of RCRA. The hazardous waste regulations
may provide more extensive control over the disposal of
hazardous wastes through wells than does the UIC program
regulations. For this reason regulations into the permiting
process under the UIC program are being explored. Such an
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integration would minimize or eliminate duplicative regulatory
coverage of this practice.
The UIC program under the SDWA is applicable only to
those States designated as needing such a program. The Land
Disposal Criteria under RCRA are applicable to all States.
The definitions of "solid wastes" and "disposal" contained
in RCRA. are broad enough in scope to cover disposal of
"liquid" into wells where such practices are not regulated
under the UIC program. There are large numbers of (shallow)
wells used to dispose of wastes into underground sources of
drinking water. These wells pose a significant threat to
these sources. Under the UIC program these practices would
be regulated in the designated States under Subparts F and G
of the regulations. The initial proposed listing of States
includes about 18 States whereas subsequent listings will be
used to expand the number, eventually including all 50
States. A second listing could occur within two to three
years. Because of the potential threat these wells pose to
human health and the environment and because such wells will
not be regulated under the UIC program until a State is
designated (two to three years in some cases) the possibilities
of incorporating the requirements of Subparts F and G of the
UIC regulations into the Land Disposal Criteria are being
investigated. This would bring these wells under control at
the earliest possible date by imposing the same requirements
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which will be applied once a State is designated. Such an
approach will place these wells under compliance schedules
which will not be interrupted once their regulation is
transferred to the UIC program. Comments are requested on
this approach toward regulating shallow disposal wells.
The UIC regulations require that groundwater not be
endangered from well injection of fluids. "Endangerment" is
defined as contaminating groundwater so that additional
treatment is necessary for its present or future use or to
such an extent as to otherwise adversely affect the health
of persons. This regulatory approach is not limited to well
injection and is applicable to other practices which could
threaten groundwater. If practicable, both the Land Disposal
Criteria and Hazardous Waste Disposal Regulations should
prohibit "endangerment" of groundwater in the same manner as
the UIC regulations in order to provide a uniform and consistent
agency policy on groundwater protection.
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C. Toxic Substances Control Act (Public Law 94-469)
The Toxic Substances Control Act (TSCA) includes
reference to the "disposal" of toxic substances in several
places. Section 6 appears to be especially relevant to
RCRA, in that it authorizes the "regulation" of certain
substances, specifically allowing the Administrator to
establish rules "...prohibiting or otherwise regulating any
manner or method of disposal of such substance or mixture,
or of any article containing such substance or mixture, by
its manufacturer or processor or by any other person who
uses, or disposes of, it for commercial purposes (Section
6(a)(6)(A))."
The above section appears to be complementary to
Subtitle C, RCRA in at least two ways. The first is that
substances designated under Section 6(a)(6)(A) of TSCA could
also be listed under Section 3001, RCRA, thereby bringing
such substances into the regulatory program established
under the latter act.
Alternatively, certain wastes, as designated and listed
under Section 3001, RCRA, could also be designated under
Section 6(a)(6)(A), TSCA. This dual authority would allow
the RCRA regulatory program under Subtitle C to be written
specifying performance standards (as contrasted with process
standards) for the great majority of hazardous wastes, while
still leaving EPA authority to mandate process standards for
a few specific wastes.
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TSCA also complements RCRA through the information
gathering authority of the former. The data accumulated
under TSCA will be useful in identifying likely sources and
locations of waste streams containing potentially hazardous
constituents.
D. Federal Insecticide, Fungicide, and Rodenticide Act
(Public Law 92-516)
The Federal Insecticide, Fungicide, and Rodenticide Act
as amended (FIFRA) provides, in Sec. 19(a), that "the Adminis-
trator shall...establish procedures and regulations for the
disposal or storage of packages and containers of pesticides
and for disposal or storage of excess amounts of such
pesticides..." Pursuant to this authority, the Office of
Solid Waste acting as a "contractor" for the Office of
Pesticide Programs, promulgated recommended procedures for
storage and disposal of pesticides and containers (36 FR
15236; May 1, 1974) , and proposed regulations to prohibit
certain methods of storage and disposal of pesticides and
containers (36 FR 36867: October 15, 1974).
The Resource Conservation and Recovery Act (RCRA),
prohibits open dumping of any^ waste, provides for the regulatory
control of hazardous waste, and mandates the development of
regulations to establish standards for generators and trans-
porters, and for facilities which treat, store, or dispose
of hazardous wastes. RCRA also directs that its provisions
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be integrated with appropriate provisions of several other
acts, including those of the FIFRA. Several aspects of this
integration are discussed in greater detail below.
The basic interface is, of course, Section 19 (a) of
FIFRA with Subtitle C of RCRA. Waste pesticides (excess
pesticides, pesticide containers, residues from pesticide
containers, and unused quantities of prepared spray solutions)
are, by and large, a sub-set of hazardous wastes. Many
waste pesticides are likely to meet the criteria for hazardous
wastes being developed under RCRA 3001, and thus would be
covered by the Subtitle C regulations. But some waste
pesticides might not be found hazardous by the 3001 criteria;
in this case, the provisions of RCRA Subtitle D relating to
criteria to distinguish sanitary landfills from open dumps
will apply. Thus, when RCRA is fully implemented (mandated
for 1983), it will be possible either to directly control
the disposal of waste pesticides by Subtitle C regulations,
or indirectly control them through the open dumping prohibition
of Subtitle D.
However, RCRA provides for the closure of all open
dumps by 5 years after publication of the inventory called
for in Section 4005, and there is a potential for substantial
environmental damage before that date. Secondly, FIFRA is
the basic document authorizing the regulation of pesticides;
the principal means is through control of the information
and statements on the label.
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Because the FIFRA requirements are compatible with the
RCRA regulations, criteria, and guidelines, a single label
statement coordinating the FIFRA and RCRA requirements could
be developed.
Other future cooperative programs will include (1)
promulgating disposal prohibitions for FIFRA 19 that satisfy
legislative mandate and facilitate development of labels,
(2) developing evaluation criteria for disposal data, and
(3) forming joint OSW/OPP disposal review group for reviewing
label statements, and monitoring the RCRA/FIFRA interface.
E. Clean Air Act (Public Law 95-95)
The RCRA definition of "disposal" includes allowing
solid or hazardous waste "...to be emitted into the air...,"
thereby presenting an area of possible overlap with the
Clean Air Act. The wording in RCRA would appear to require
EPA to include air emissions parameters in the permits
issued to hazardous waste storage, treatment and disposal
facilities under Section 3005, and to require that EPA
include air pollution standards in establishing the requirements
for hazardous waste facilities pursuant to Section 3004.
Facilities which incinerate hazardous wastes (included in
the RCRA definition of "treatment") could also be subject to
both the permit requirements of RCRA and to the Clean Air
Act, depending upon their status as "new sources" under the
latter.
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The Clean Air Act includes specific reference to
"hazardous air pollutants" in Section 110 (Section 112 in
the 1970 version, Public Law 91-604). Section 110 directs
the Administrator to list and establish emission standards
for each hazardous air pollutant so identified. EPA has so
far identified and established standards for asbestos,
beryllium, mercury, and vinyl chloride. The 1977 amendments
to the Clean Air Act direct the Aministrator to study the
need to establishing emission standards also for "...radio-
active pollutants (including source material, special
nuclear material, and by-product material) cadmium, arsenic,
and polycyclic organic matter... (Section 122)." This
leaves unclear the way in which emissions of other pollutants
will be controlled by EPA where the source is a solid or
hazardous waste treatment or disposal facility. OSW plans
to develop these standards under Section 3004 of RCRA.
F. Marine Protection, Research and Sanctuaries Act
(Public Law 92-532)
Section 102 of Public Law 92-532 requires EPA to
establish criteria for ocean dumping of materials and to
regulate the ocean transportation for dumping and the dumping
in ocean waters of such materials, except dredged materials,
through a permit system. Administration of this permit
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system cannot be delegated to the States. Municipal waste-
water treatment sludges, as well as other wastes, mostly
industrial in origin, which are dumped into the ocean from
barges are regulated under these permits.
While the RCRA definition of disposal includes "discharge
into any water," is it not anticipated that ocean discharge
or disposal will be covered by RCRA. These practices are,
and will continue to be, covered by permits issued under
Public Law 92-532.
However, hazardous wastes intended for ocean
disposal will also be subject to the generator reporting and
land transport manifest requirements of Subtitle C of RCRA.
G. Department of Commerce Role in RCRA
Subtitle E of RCRA describes certain authorities and
responsibilities of the Department of Commerce. Broadly
these are: (1) Section 5002 - Development of Specifica-
tions for Secondary Materials; (2) Section 5003 - Develop-
ment of Markets for Recovered Materials; and (3) Section
5004 -Technology Promotion.
The authorities of Section 5003 and Section 5004 are
nearly identical to responsibilities assigned to EPA in
other sections of the act, specifically Section 2003 -
Resource Recovery and Conservation Panels, and Subtitle H -
Research, Development, Demonstrations, and Information.
Consequently, a close coordination of activities is required.
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EPA and the Department of Commerce are currently pre-
paring an interagency agreement which will define respective
respon-sibilities. One major Department of Commerce responsi-
bility which will complement EPA's activities is the develop-
ment of guidelines for specifications for materials recovered
from solid waste and intended for sale for remanufacturing.
The Department of Commerce will also develop information on
markets for recovered materials, coordinating this with work
being done by EPA so that there will be no overlap. Furthermore,
the Department of Commerce will work with industry to promote
technologies which have been proven in commercial operations.
With the coordination and definition of responsibilities
which will be fostered by the interagency agreement, the
activities of the Department of Commerce should provide a
valuable complement to EPA's activities under RCRA, while
minimizing overlap.
H. DOE Role in RCRA
EPA is given broad responsibilities for Research,
Development, and Demonstration activities in Subtitle H of
RCRA. ERDA is provided with similar authorities under the
Federal Non-Nuclear Energy Research and Development Act of
1974. RCRA specifically mandates in Section 8001 that "any
activities undertaken under Section 8002 and 8003 as related
to energy ...shall be accomplished through coordination and
consultation with the Energy Research and Development
Administration.
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Recognizing both the mutual interest of the agencies
and the potential for overlap of programs, EPA and ERDA have
signed an interagency agreement regarding division of
responsibilities. The agreement says that "for those energy-
related projects of mutual interest, planning will be con-
ducted jointly, following which pro-ject responsibility will
be assigned to one agency." The agreement further states
that "new project responsibility will generally rest with
EPA." However, the agreement also states that ERDA will
have the responsibility for "input and evaluation of the
energy-research-elated portion of the project."
The mechanics of implementing the agreement have still
not been totally resolved. However, the agreement forms a
firm base for joint planning and mutually supportive project
management. Both a working group and a steering committee
have been established, comprised of personnel from each
agency. The staff level working group is responsible for
developing program plans. The steering committee is responsible
for approving the plans and for resolving project management
responsibilities.
It is clear that both EPA and ERDA have significant
missions in recovery of energy from solid waste. The
Interagency Agreement provides the opportunity for developing
complementary programs with a minimum of duplication and
overlap.
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I. Other Agencies and Programs
1. Department of Transportation
The Department of Transportation has enforcement respon-
sibility over the transportation of hazardous materials
under the Hazardous Materials Transportation Act. To assure
that all requirements for hazardous wastes are consistent
with one another, extensive coordination between the two
Agencies, EPA and the Department of Transportation is required,
2. National Environmental Policy Act (NEPA)
EPA will provide for the functional equivalent of the
NEPA impact statement requirements in all regulatory actions
taken under Subtitles C and D of RCRA.
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Appendix A
RCRA STRATEGY DEVELOPMENT WORK GROUP
John Skinner, OSW - Chairman
Lanny Hickman, OSW
Bob Bastian, OWPO
Ed Brooks, OTS
Zoraida Carballeira, OWS
Don Lokey, OAQPS (RTF)
Frank Covington, Reg. IX
Bill Dickerson, OFA
Loretta Gillman, OWPS
Frank. Hall, OE
Terrell Hunt, OE
Emery Lazar, OPM
Claire Matassoni, ORIO
Francis Mayo, ORD/MERL
Tom Mierzwa, OLUC
Frank Princiotta, ORD/OEMI
Gordon Rapier, Reg III
Kenneth Wetzel, OPM
Merideth Wright, OGC
Eileen Claussen, OSW
Steve Lingle, OSW
Murray Newton
yol620
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(WH-557) (Rm E713) (755-4880)
(WH-550) (Rm E1041) (426-3934)
(MD-12) (8/629-5355)
(8/556-0217)
(A-104) (Rm W537) (755-0770)
(WH-554) (Rm M2517) (755-4911)
(EN-336) (Rm M3109) (755-0750)
(EN-342) (Rm M3624) (755-1212)
(PM-223) (RM M3006) (755-2884)
(A-101) (RM W1137) (755-0444)
(8/684-7951)
(A-101) (Rm E643) (755-2933)
(RD-681) (Rm W631) (426-2683)
(8/597-8131)
(PM-213) (Rm W403) (755-0866)
(A-133) (Rm W547) (755-0744)
(WH-562) (Rm M2710) (755-9173)
(WH-563) (Rm M2107) (755-9130)
(WH-563) (Rm M2624) (755-9150)
o U. S. GOVERNMENT PRINTING OFFICE : 1971 72O-335/60J2
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