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Waste Management

Waste Management . Resource Conservation and Recovery Act 42 U.S.C. § 321 et seq. (1976). Waste Management and Pollution Control . Hierarchy of Waste Management Pollution Prevention Waste Reduction Recycle Treatment Disposal Pollution Prevention Act of 1990. Predecessor Laws.

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Waste Management

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  1. Waste Management Resource Conservation and Recovery Act 42 U.S.C. § 321 et seq. (1976)

  2. Waste Management and Pollution Control • Hierarchy of Waste Management • Pollution Prevention • Waste Reduction • Recycle • Treatment • Disposal Pollution Prevention Act of 1990 Environmental Law Week 2

  3. Predecessor Laws • 1965 Solid Waste Disposal Act • 1970 Pollution Prevention Packaging Act • 1976 Resource Recovery Act • Hazardous and Solid Waste Amendments of 1984 Environmental Law Week 2

  4. Hazardous and Solid Waste Amendment Act of 1984 • Get Rita and Ann • Broadened the scope of RCRA • Established hammers for compliance Environmental Law Week 2

  5. In This Session-Solid Waste Disposal • Top 10 of 50 • Underground Storage Tank Compliance Act of 2001 (Introduced in Senate)[S.1850.IS] • Brownfields Economic Development Act of 2001 (Introduced in Senate)[S.1078.IS] • Federal Reformulated Fuels Act of 2001 (Introduced in Senate)[S.950.IS] • Federal Reformulated Fuels Act of 2001 (Reported in Senate)[S.950.RS] • Brownfield Site Redevelopment Assistance Act of 2001 (Introduced in Senate)[S.1079.IS] • Solid Waste Compact Act (Introduced in House)[H.R.667.IH] • National Beverage Container Reuse and Recycling Act of 2001 (Introduced in House)[H.R.1667.IH] • National Beverage Container Reuse and Recycling Act of 2001 (Introduced in House)[H.R.845.IH] • To amend the Toxic Substances Control Act to establish certain requirements regarding the approval of facilities for the disposal of polychlorinated biphenyls, and for other purposes. (Introduced in House)[H.R.847.IH] • Mercury Reduction and Disposal Act of 2001 (Introduced in Senate)[S.351.IS]

  6. Clean Water Act Marine Protection Research and Sanctuaries Act Safe Drinking Water Act Resource Conservation and Recovery Act Comprehensive Environmental Response, Compensation and Liabilities Act Surface Mining Control and Reclamation Act Nuclear Waste Policy Act Low Level Radioactive Waste Policy Act Uranium Mill Tailings Radiation Control Act Toxic Substances Control Act Major Laws Regarding Waste Environmental Law Week 2

  7. Focus of This Session • Resource Conservation and Recovery Act (RCRA) (1976 et. Seq.) • Addresses three programs: • Solid waste • Hazardous waste • Underground storage tanks Environmental Law Week 2

  8. Who’s Involved • Congress • EPA’s Office of Solid Waste and Emergency Response (OSWER) • EPA regions • States • Regulated community • General public Environmental Law Week 2

  9. Current EPA Programs • Encouraging waste minimization • Streamlining RCRA regulations • Fostering federal/state relationships Environmental Law Week 2

  10. Solid Waste Management—Subtitle D • Encourages environmentally-sound solid waste management practices that: • Maximize the reuse of recoverable material and foster resource recovery Environmental Law Week 2

  11. Environmental Law Week 2

  12. Environmental Law Week 2

  13. Environmental Law Week 2

  14. RCRA Subtitle D • Addresses • Solid wastes • Hazardous wastes that are excluded from Subtitle C regulations, e.g., household hazardous waste and • Hazardous waste generated by conditionally exempt small quantity generators (CESQGs) • Municipal waste Environmental Law Week 2

  15. RCRA Subtitle D • Municipal Waste —businesses and households — typically collected and disposed in municipal solid waste landfills (MSWLFs) • EPA integrated, hierarchical approach: • Source reduction • Recycling • Combustion • landfilling Environmental Law Week 2

  16. RCRA Subtitle C—Hazardous Wastes • Intent: • to ensure that hazardous waste is managed safely from generation until final disposal “cradle-to-grave” • Mandates procedures to identify and classify hazardous waste Environmental Law Week 2

  17. RCRA Subtitle D • Attempts to implement waste recycling and recovery consistent with proper hazardous waste management. Contains provisions to ensure safe: • Hazardous waste recycling • Facilitate management of commonly recycled waste streams Environmental Law Week 2

  18. RCRA Subtitle C • Standards for (TSDFs) facilities that: • Generate hazardous waste • Transport hazardous waste • Treat hazardous waste • Store hazardous waste • Dispose of hazardous waste Environmental Law Week 2

  19. RCRA Subtitle C • Standards for TSDFs include additional precautions to protect: • Groundwater • Air resources • Includes safeguards to protect human health and environment from land disposal (LDR) or burning Environmental Law Week 2

  20. RCRA Subtitle C • Requires facility operators to get permit from EPA • Contains provisions for corrective actions or spill cleanup of air, ground water and soil. Environmental Law Week 2

  21. Subtitle C Requirements Environmental Law Week 2

  22. RCRA Subtitle C • Grants broad enforcement authority to require all facilities to comply with the regulations. • Allows EPA to grant state authority to implement and enforce RCRA regulatory program Environmental Law Week 2

  23. RCRA Subtitle I—Underground Storage Tanks • Regulates underground tanks storing petroleum or hazardous substances • Governs: • Tank design • Construction • Instillation • Operation • Release detection • Closure • Financial Responsibility Environmental Law Week 2

  24. RCRA Subtitle I • Contains provisions to protect lending institutions from liability from lending money to UST owners and operators to comply with environmental regulations such as UST upgrading and maintenance requirements. Environmental Law Week 2

  25. RCRA Subtitle I • Contains provisions to allow EPA to approve state government implementation and enforcement of UST regulatory program Environmental Law Week 2

  26. RCRA Title I • Leaking Underground Storage Tank Trust Fund (LUST) to facilitate cleanup and oversight when responsible owner and operator cannot take action, or when emergency action is required. Environmental Law Week 2

  27. Miscellaneous Statutory Provisions • Provisions to encourage recycling and provisions to promote market development for recovered materials • Sets federal procurement guidelines that set minimum recovered materials content standards for certain items purchased by the federal government • Medical waste tracking program demonstration program compete. No action taken Environmental Law Week 2

  28. Public Involvement • Provisions to facilitate public participation in permitting, corrective action and state authorization processes. • Public involvement in rulemaking process • Seeks to ensure that all segments of the population have an equal opportunity to participate in the regulatory process Environmental Law Week 2

  29. Public Involvement • Because RCRA is so complex, EPA established several public outreach and assistance mechanisms: • Training grants • Freedom of Information Act (FOIA) • Office of Ombudsman • RCRA Information Center (RIC) • RCRA, Superfund & EPCRA Hotline Environmental Law Week 2

  30. SUBCHAPTER I GENERAL PROVISIONS SUBCHAPTER II OFFICE OF SOLID WASTE; AUTHORITIES OF THE ADMINISTRATOR SUBCHAPTER III HAZARDOUS WASTE MANAGEMENT SUBCHAPTER IV STATE OR REGIONAL SOLID WASTE PLANS SUBCHAPTER V DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND RECOVERY SUBCHAPTER VI FEDERAL RESPONSIBILITIES SUBCHAPTER VII MISCELLANEOUS PROVISIONS SUBCHAPTER VIII RESEARCH, DEVELOPMENT, DEMONSTRATION, AND INFORMATION SUBCHAPTER IX REGULATION OF UNDERGROUND STORAGE TANKS SUBCHAPTER X DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM TITLE 42 CHAPTER 82 - SOLID WASTE DISPOSAL 2 U.S.C. § 321 et seq. (1976)

  31. Sec. 6901. Congressional findings Sec. 6901a. Congressional findings: used oil recycling Sec. 6902. Objectives and national policy Sec. 6903. Definitions Sec. 6904. Governmental cooperation Sec. 6905. Application of chapter and integration with other Acts Sec. 6905. Application of chapter and integration with other Acts Sec. 6906. Financial disclosure Sec. 6907. Solid waste management information and guidelines Sec. 6908. Small town environmental planning Sec. 6908a. Agreements with Indian tribes TITLE 42 CHAPTER 82 SUBCHAPTER I - GENERALPROVISIONS

  32. Identification & Listing of Hazardous Waste • Criteria for listing hazardous waste (18 months) • Except: drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil or natural gas or geothermal energy, fly ash, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels. Solid waste from the extraction, beneficiation, and processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore and Cement kiln dust waste.

  33. TLCP • Not later than twenty-eight months after November 8, 1984, the Administrator shall examine the deficiencies of the extraction procedure toxicity characteristic as a predictor of the leaching potential of wastes and make changes in the extraction procedure toxicity characteristic, including changes in the leaching media, as are necessary to insure that it accurately predicts the leaching potential of wastes which pose a threat to human health and the environment when mismanaged.

  34. Assignment • Go to http://a2.mediatrec.com/ss.php • Read 29 CFR Title 40 Chapter 1 Part 261.1-261.5 Definitions of Solid Waste and Hazardous Wastes • Compare to definition in the law 42 USC Chapter 82 Subchapter 1 §6903 (5) (a-b)

  35. Sec. 6911. Office of Solid Waste and Interagency Coordinating Committee Sec. 6911a. Assistant Administrator of Environmental Protection Agency; appointment, etc. Sec. 6912. Authorities of Administrator Sec. 6913. Resource Recovery and Conservation Panels Sec. 6914. Grants for discarded tire disposal Sec. 6914a. Labeling of lubricating oil Sec. 6914b. Degradable plastic ring carriers; definitions Sec. 6914b-1. Regulation of plastic ring carriers Sec. 6915. Annual report Sec. 6916. General authorization Sec. 6917. Office of Ombudsman TITLE 42 CHAPTER 82 SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE ADMINISTRATOR

  36. Sec. 6921. Identification and listing of hazardous waste Sec. 6922. Standards applicable to generators of hazardous waste Sec. 6923. Standards applicable to transporters of hazardous waste Sec. 6924. Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities Sec. 6925. Permits for treatment, storage, or disposal of hazardous waste Sec. 6926. Authorized State hazardous waste programs Sec. 6927. Inspections Sec. 6928. Federal enforcement Sec. 6929. Retention of State authority Sec. 6930. Effective date Sec. 6931. Authorization of assistance to States Sec. 6932. Transferred Sec. 6933. Hazardous waste site inventory Sec. 6934. Monitoring, analysis, and testing Sec. 6935. Restrictions on recycled oil Sec. 6936. Expansion during interim status Sec. 6937. Inventory of Federal agency hazardous waste facilities Sec. 6938. Export of hazardous wastes Sec. 6939. Domestic sewage Sec. 6939a. Exposure information and health assessments Sec. 6939b. Interim control of hazardous waste injection Sec. 6939c. Mixed waste inventory reports and plan Sec. 6939d. Public vessels Sec. 6939e. Federally owned treatment works TITLE 42 CHAPTER 82SUBCHAPTER III - HAZARDOUS WASTE Management

  37. Sec. 6941. Objectives of subchapter Sec. 6941a. Energy and materials conservation and recovery; Congressional findings Sec. 6942. Federal guidelines for plans Sec. 6943. Requirements for approval of plans Sec. 6944. Criteria for sanitary landfills; sanitary landfills required for all disposal Sec. 6945. Upgrading of open dumps Sec. 6946. Procedure for development and implementation of State plan Sec. 6947. Approval of State plan; Federal assistance Sec. 6948. Federal assistance Sec. 6949. Rural communities assistance Sec. 6949a. Adequacy of certain guidelines and criteria TITLE 42 CHAPTER 82 -SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

  38. TITLE 42CHAPTER 82 SUBCHAPTER VDUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND RECOVERY • Sec. 6951. Functions • Sec. 6952. Development of specifications for secondary materials • Sec. 6953. Development of markets for recovered materials • Sec. 6954. Technology promotion • Sec. 6955. Marketing policies, establishment; nondiscrimination requirement • Sec. 6956. Authorization of appropriations

  39. TITLE 42 CHAPTER 82SUBCHAPTER VI - FEDERAL RESPONSIBILITIES • Sec. 6961. Application of Federal, State, and local law to Federal facilities • Sec. 6962. Federal procurement • Sec. 6963. Cooperation with Environmental Protection Agency • Sec. 6964. Applicability of solid waste disposal guidelines to Executive agencies • Sec. 6965. Chief Financial Officer report

  40. Sec. 6971. Employee protection Sec. 6972. Citizen suits Sec. 6973. Imminent hazard Sec. 6974. Petition for regulations; public participation Sec. 6975. Separability Sec. 6976. Judicial review Sec. 6977. Grants or contracts for training projects Sec. 6978. Payments Sec. 6979. Labor standards Sec. 6979a. Transferred Sec. 6979b. Law enforcement authority TITLE 42 CHAPTER 82 SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

  41. TITLE 42 CHAPTER 82 SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND INFORMATION • Sec. 6981. Research, demonstration, training, and other activities • Sec. 6982. Special studies; plans for research, development, and demonstrations • Sec. 6983. Coordination, collection, and dissemination of information • Sec. 6984. Full-scale demonstration facilities • Sec. 6985. Special study and demonstration projects on recovery of useful energy and materials • Sec. 6986. Grants for resource recovery systems and improved solid waste disposal facilities • Sec. 6987. Authorization of appropriations

  42. TITLE 42 CHAPTER 82 SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS • Sec. 6991. Definitions and exemptions • Sec. 6991a. Notification • Sec. 6991b. Release detection, prevention, and correction regulations • Sec. 6991c. Approval of State programs • Sec. 6991d. Inspections, monitoring, testing, and corrective action • Sec. 6991e. Federal enforcement • Sec. 6991f. Federal facilities • Sec. 6991g. State authority • Sec. 6991h. Study of underground storage tanks • Sec. 6991i. Authorization of appropriations

  43. TITLE 42 CHAPTER 82 SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM • Sec. 6992. Scope of demonstration program for medical waste • Sec. 6992a. Listing of medical wastes • Sec. 6992b. Tracking of medical waste • Sec. 6992c. Inspections • Sec. 6992d. Enforcement • Sec. 6992e. Federal facilities • Sec. 6992f. Relationship to State law • Sec. 6992g. Repealed. Pub. L. 105-362, title V, Sec. 501h1A, Nov. 10, 1998, 112 Stat. 3284 • Sec. 6992h. Health impacts report • Sec. 6992i. General provisions • Sec. 6992j. Effective date • Sec. 6992k. Authorization of appropriations

  44. RCRA History • Began as amendment to Solid Waste Disposal Act • Promulgation very slow • Administrative scandal • Most prescriptive environmental law passed • “It isn’t fun anymore.” Wm. Ruckelshaus during 2nd Term as EPA Administrator Environmental Law Week 2

  45. Goals of RCRA • Protect human health and the environment from hazards posed by waste disposal • Conserve energy and natural resources through waste recycling and recovery • Reduce or eliminate the amount of waste generated—including hazardous waste • Ensure that wastes are managed in an environmentally sound manner. Environmental Law Week 2

  46. Subtitles C and D • Subtitle C pertains to Hazardous Waste (280 million tons/yr) • 54-page explanation of hazardous waste definition issued in the Federal Register 50 FR 614 • Subtitle D pertains to Non-hazardous wastes More than 20 times the amount of hazardous wastes Environmental Law Week 2

  47. Recycle “To recycle or not recycle, that is the question” • Recycle horrors and lack of control • “Virgin” materials • Wastes from recycling process Environmental Law Week 2

  48. Discarded • EPA Final Rule Jan. 4, 1985, 50 FR 614 (1995) • Materials are solid waste if they are abandoned by: disposal, burned, incinerated; stored, treated or accumulated before or in lieu of these activities. • 5 secondary materials: spent materials, sludges, byproducts, commercial chemical products and scrap metal. Environmental Law Week 2

  49. Before and After Subtitle D Regulations • Fewer sites handle 200 million tons of municipal wastes • Cost estimate $330 million per year to implement Environmental Law Week 2

  50. Perception of Subtitle C Environmental Law Week 2

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