RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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THESE FEDERAL REQUIREMENTS ARE INTERNALIZED IN STATE IMPLEMENTATION
PLANS (SIPS) SO THAT STATES CAN ADMINISTER THE PERMIT PROGRAM AND BRING
THEIR JURISDICTIONS INTO COMPLIANCE WITH NAAQS.
THE CAA ALSO SPECIFIES THAT BEST AVAILABLE CONTROL TECHNOLOGY (BACT)
BE USED ON ANY NEW MAJOR SOURCE IN AN "ATTAINMENT" AREA. BACT IS
DETERMINED ON A CASE-BY-CASE BASIS CONSIDERING SEVERAL FACTORS INCLUDING
ECONOMICS. FOR THOSE "NON-ATTAINMENT' AREAS WHERE THE OFFSET POLICY
APPLIES, A FACILITY MUST MEET LOWEST ACHIEVABLE EMISSION RATE (LAER).
LAER IS THE LOWEST EMISSION RATE ALLOWED OR ACHIEVED ANYWHERE WITHOUT
REGARD TO COST OR ENERGY USE. IN EITHER CASE, RESOURCE RECOVERY
FACILITIES HAVE TO APPLY SIGNIFICANTLY GREATER EMISSIONS CONTROL THAN IN
THE PAST.
THE EMISSIONS CONTROL TECHNOLOGY UTILIZED FOR FACILITIES BURNING
SOLID WASTE IS AN ELECTROSTATIC PRECIPITATOR (ESP). AN ESP REMOVES
PARTICULATES FROM THE AIRSTREAM PRIOR TO VENTING TO THE ATMOSPHERE.
ESP TECHNOLOCY IS PROVEN AND RELIABLE. ANY OF THE CURRENT
PARTICULATE STANDARDS RESULTING FROM THE CAA FOR RESOURCE RECOVERY CAN
BE MET WITH AN ESP, THOUGH COSTS OBVIOUSLY INCREASE AS ALLOWABLE
EMISSIONS ARE LOWERED. THUS, COSTS FOR MEETING STRINGENT STANDARDS SUCH
AS THOSE DICTATED BY BACT AND LAER INCREASE NET RESOURCE RECOVERY COSTS,
BUT USUALLY THE INCREASE IS NOT PROHIBITIVE.
THE MOST SIGNIFICANT CONSTRAINT TO CONSTRUCTION OF RESOURCE RECOVERY
FACILITIES IN THE CAA IS THE EMISSION OFFSET REQUIREMENT RELATING TO
"NON-ATTAINMENT" AREAS. UNDER THE EMISSION OFFSET POLICY, IN ORDER TO
CONSTRUCT A NEW EMISSION SOURCE ABOVE A CERTAIN SIZE, EMISSIONS MUST BE
REDUCED FROM EXISTING SOURCES IN AN AMOUNT GREATER THAN THE NEW SOURCE
EMISSIONS.
EPA REALIZED THAT THIS WOULD HAVE EFFECTIVELY PREVENTED
IMPLEMENTATION OF RESOURCE RECOVERY IN MANY AREAS OF THE COUNTRY.
CONSEQUENTLY, EPA'S EMISSION OFFSET INTERPRETATIVE RULING (40 CFR PART
51) PROVIDES AN EXEMPTION FROM THIS REQUIREMENT FOR RESOURCE RECOVERY
FACILITIES.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
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THIS EXEMPTION FROM OBTAINING OFFSETS IS A KEY TO CONTINUED RESOURCE
RECOVERY IMPLEMENTATION, AND IS JUSTIFIED IN EPA'S VIEW BY THE ATTENDANT
ENVIRONMENTAL AND CONSERVATION BENEFITS OF RESOURCE RECOVERY. THE
APPLICANT STILL IS REQUIRED TO MAKE THE BEST POSSIBLE EFFORT TO OBTAIN
OFFSETS, AND THE REQUIREMENTS OF LOWEST ACHIEVABLE EMISSION RATES STILL
APPLY.
A SECOND ASPECT OF THE CAA REGULATIONS WHICH IMPACTS ON RESOURCE
RECOVERY IS A PROVISION THAT CERTAIN MODIFICATIONS TO EXISTING
FACILITIES BRING THOSE FACILITIES UNDER THE CAA REQUIREMENTS. AN
EXAMPLE WOULD BE MODIFICATION OF EXISTING UTILITY BOILERS TO BURN RDF.
THE AGENCY PREVIOUSLY MADE THE DETERMINATION UNDER THE NEW SOURCE
PERFORMANCE STANDARDS (NSPS) FOR STATIONARY SOURCES THAT SUCH A
MODIFICATION WOULD NOT BRING THE UNIT UNDER THE NSPS RULES. THE AGENCY
IS CURRENTLY REVIEWING FACTORING THIS SAME DETERMINATION INTO THE RULES
FOR NEW SOURCE REVIEW.
EPA IS TAKING OTHER ACTIONS TO ENSURE THAT THE CAA DOES NOT PLACE
UNWARRANTED RESTRICTIONS ON RESOURCE RECOVERY. THE OFFICE OF SOLID
WASTE AND OFFICE OF AIR PROGRAMS RE COORDINATING CLOSELY IN
DEVELOPMENT OF BACT AND LAER CONTROL LEVELS RELATED TO RESOURCE
RECOVERY FACILITIES. THE AGENCY IS ALSO DEVELOPING NEW DATA ON
EMISSIONS FROM RESOURCE RECOVERY FACILITIES TO AID IN THE REVIEW OF
NEW SOURCE REVIEW APPLICATIONS.
HOWEVER, CAA REQUIREMENTS CAN BE RESTRICTIVE. THE NEW SOURCE REVIEW
PROCESS CAN INVOLVE SIGNIFICANT UNCERTAINTY, TIME, AND COST.
INTERPRETATIONS AND REQUIREMENTS OFTEN VARY SIGNIFICANTLY AMONG STATES.
FOR EXAMPLE, UNDER THE EMISSION OFFSET INTERPRETIVE RULING, THE
EXEMPTION FOR RESOURCE RECOVERY IS UP TO THE STATE AS THE PERMITTING
AGENCY. SOME STATES WILL READILY GRANT AN EXEMPTION WHILE OTHERS
REQUIRE EXTENSIVE EFFORTS TO OBTAIN OFFSET THAT MAY CONSTITUTE REFUSAL
TO GRANT AN EXEMPTION.
THE PROVISIONS OF THE CLEAN AIR ACT ARE NOT AT THIS TIME PREVENTING
IMPLEMENTATION OF RESOURCE RECOVERY. HOWEVER, THEY DO ADD SIGNIFICANT
TIME, COMPLEXITY, AND COST TO THE IMPLEMENTATION PROCESS FOR MANY
COMMUNITIES. EPA HAS ATTEMPTED TO REMOVE MAJOR RESTRICTIONS THAT WOULD
HAVE PREVENTED RESOURCE RECOVERY IMPLEMENTATION.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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CONGRESSMAN JAMES L. FLORIO CHAIRMAN SUBCOMMITTEE ON TRANSPORTATION
AND COMMERCE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE WASHINGTON,
D.C. 20515
AT YOUR RECENT HEARINGS ON RCRA REAUTHORIZATION YOU REQUESTED THAT WE
PROVIDE YOU WITH AN ANALYSIS OF HOW ADDITIONAL RESOURCES COULD BE USED
EFFECTIVELY TO CARRY OUT OUR RESOURCE RECOVERY MISSION.
I HAVE ENCLOSED AN ANALYSIS WHICH EXPLORES THIS QUESTION. THE
ANALYSIS INCLUDES A BRIEF SYNOPSIS OF THE CURRENT STATUS AND PROBABLE
DIRECTION OF RESOURCE RECOVERY, AND DISCUSSES OUR PROGRAM AT EPA IN THE
CONTEXT OF THE TOTAL FEDERAL RESOURCE RECOVERY EFFORT.
I FEEL THAT WE HAVE A STRONG PROGRAM AIMED AT THE KEY IMPLEMENTATION
BARRIERS, AND THAT EPA AS AN AGENCY IS IDEALLY SITUATED TO CARRY OUT
THIS PROGRAM AND ALSO ACT AS A FOCAL POINT FOR INTEGRATING THE PROGRAM
OF THE OTHER AGENCIES INVOLVED IN THIS AREA.
PLEASE ADVISE US IF YOU DESIRE ANY ADDITIONAL INFORMATION TO SUPPORT
THE ENCLOSED ANALYSIS.
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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AFTER TEN YEARS OF DEVELOPMENT, RESOURCE RECOVERY HAS REACHED AN
IMPORTANT PLATEAU WHERE MUCH WIDER SCALE IMPLEMENTATION IS POSSIBLE.
THIS HAS NOT OCCURRED, HOWEVER, BECAUSE COMMUNITIES HAVE BEEN UNABLE TO
ADEQUATELY PLAN AND CARRY OUT THE COMPLEX AND COSTLY PROJECT
IMPLEMENTATION PROCESS WITH ITS ATTENDANT "INSTITUTIONAL" BARRIERS.
EPA HAS DEVELOPED A CAREFULLY TAILORED PROGRAM OF TECHNICAL AND
FINANCIAL ASSISTANCE TO RESPOND TO THIS PROBLEM, AND HAS INTEGRATED THE
RESOURCE RECOVERY ACTIVITIES OF OTHER AGENCIES INTO THAT PROGRAM. WE
ARE CONFIDENT THAT THIS PROGRAM CAN MOVE RESOURCE RECOVERY FORWARD
EFFECTIVELY.
RESOURCES SHOULD BE FOCUSED ON CARRYING OUT A STRONG AND EFFECTIVE
PROGRAM AS CURRENTLY DESIGNED, RATHER THAN BRANCHING INTO NEW FRINGE
AREAS OF LOWER POTENTIAL IMPACT.
THE MOST CRITICAL ELEMENT IS THE FINANCIAL ASSISTANCE PROVIDED UNDER
THE URBAN POLICY PROGRAM. CONTINUED FUNDING OF THIS PROGRAM WILL LEAD
TO A SUCCESSFUL LOCAL ASSISTANCE PROGRAM.
TECHNICAL ASSISTANCE PANELS SUPPORT FOR RESOURCE RECOVERY IS A VITAL
ELEMENT OF THE PROGRAM STRATEGY. THOUGH RESOURCES ARE CURRENTLY
SUFFICIENT, THE IMPACT OF HAZARDOUS WASTE RECULATIONS AND LAND DISPOSAL
CRITERIA COULD IN THE COMING YEARS GENERATE A LARGE NUMBER OF NEW
REQUESTS FOR TECHNICAL ASSISTANCE IN THOSE AREAS. IT IS IMPORTANT THAT
THERE CONTINUE TO BE A SUFFICIENT POOL OF PANELS RESOURCES TO ADDRESS
ANY REASONABLE REQUEST FOR RESOURCE RECOVERY ASSISTANCE. FURTHERMORE,
PANELS RESOURCES ARE REQUIRED TO SUPPORT THE URBAN POLICY FUNDING
RECIPIENTS.
TECHNICAL, ECONOMIC, AND ENVIRONMENTAL EVALUATIONS OF OPERATING
RESOURCE RECOVERY SYSTEMS WILL PROVIDE ONE OF THE MOST IMPORTANT SOURCES
OF INFORMATION FOR THOSE CONSIDERING RESOURCE RECOVERY. WITHIN THE
CONTEXT OF THE PRESIDENT'S BUDGET, IT WAS DETERMINED TO FUND THIS
ACTIVITY AT A LIMITED LEVEL. IN FUTURE YEARS, WE MAY WNT TO REEXAMINE
THIS LEVEL.
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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FINALLY, THE SUBJECT OF SOURCE SEPARATION ADDRESSES A RATHER LARGE
CONSTITUENCY AND PRODUCES MATERIALS WITH GREATER MARKETABILITY THAN
THOSE RECOVERED THROUGH HIGH TECHNOLOGY PLANTS.
OVER THE PAST TEN YEARS RESOURCE RECOVERY FROM MUNICIPAL SOLID WASTE
HAS EVOLVED FROM CONCEPT AND EXPERIMENT TO COMMERCIAL IMPLEMENTATION.
THOUGH TECHNOLOGIES AND MAREKTS ARE NOT FULLY OPTIMIZED, THERE ARE NOW
TECHNICALLY AND ECONOMICALLY FEASIBLE RECOVERY ALTERNATIVES AVAILABLE.
THESE ALTERNATIVES INCLUDE SIMPLE, LOW COST SOURCE SEPARATION
APPROACHES, AS WELL AS TECHNICALLY SOPHISTICATED TECHNOLOGIES. WITH
CAREFUL PLANNING AND GUIDANCE, MANY COMMUNITIES CAN EMPLOY RESOURCE
RECOVERY AS A PRACTICAL AND COST-EFFECTIVE SOLID WASTE MANAGEMENT
SOLUTION.
THE PRIMARY CONSTRAINT TO MORE RAPID RESOURCE RECOVERY PROGRESS IS
THE IMPLEMENTATION PROCESS ITSELF. THE PROCEDURES INVOLVED IN
IMPLEMENTATION ARE UNIQUE AND COMPLEX. THEY INVOLVE A SERIES OF
TECHNICAL, MARKETING, FINANCIAL, LEGAL, AND ORGANIZATIONAL FACTORS WHICH
MUST BE BROUGHT TOGETHER IN A COMPREHENSIVE, WELL-STRUCTURED PROJECT
PLANNING AND DEVELOPMENT PROCESS. PROBLEMS IN MANY OF THESE AREAS ARE
OFTEN REFERRED TO AS "INSTITUTIONAL" CONSTRAINTS. HOWEVER, THEY INCLUDE
SUCH BASIC ISSUES AS OBTAINING A LONG TERM COMMITMENT FOR SUPPLY OF
WASTE, UNDERSTANDING TECHNOLOGIES AND THEIR OPERATING HISTORIES, GAINING
PUBLIC SUPPORT, OBTAINING ENVIRONMENTAL PERMITS, DEVELOPING LONG TERM
CONTRACTS WITH MARKETS AND SYSTEM VENDORS, AND OBTAINING THE LOWEST COST
FINANCING.
IN ORDER TO ADDRESS THESE ISSUES, COMMUNITIES NEED PROPER EXPERTISE,
INFORMATION, AND FINANCIAL RESOURCES. TYPICALLY, THESE ELEMENTS ARE NOT
AVAILABLE AT THE LOCAL LEVEL.
AT THE PRESENT TIME APPROXIMATELY 22 LARGE AND SMALL COMMUNITIES HAVE
RESOURCE RECOVERY FACILITIES OPERATING OR UNDER CONSTRUCTION. THE TOTAL
CAPACITY OF THESE FACILITIES -- ABOUT 19,000 TONS OF WASTE PER DAY WHEN
FULLY OPERATIONAL -- WILL REPRESENT ONLY 3 TO 4 PERCENT OF TOTAL WASTE
GENERATED. SUPPLEMENTED BY THE ROUGHLY 7 PERCENT OF WASTE DISCARDS
RECOVERED THROUGH SOURCE SEPARATION, THE NATION IS NOW RECOVERING
RESOURCES FROM ABOUT 10 PERCENT OF ITS DISCARDS.
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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HOWEVER, INCREASING ENERGY VALUES AND GROWING COST AND SOCIAL
UNACCEPTABILITY OF LAND DISPOSAL PROVIDE A STRONG BASIC FORCE BEHIND
RESOURCE RECOVERY. WITH A WELL COORDINATTED FEDERAL EFFORT TO GUIDE
RESOURCE RECOVERY IMPLEMENTATION THROUGH THIS CURRENT PERIOD OF LEARNING
AND OPPORTUNITY, RESOURCE RECOVERY COULD ACCOUNT FOR 20 TO 25 PERCENT OF
OUR MUNICIPAL WASTE GENERATION IN THE LATTER PART OF THE 80'S, AND WILL
BE WELL ON THE WAY TO BECOMING THE DOMINANT WASTE MANAGEMENT APPROACH.
THE OBJECTIVE OF EPA'S RESOURCE RECOVERY PROGRAM IS TO PROVIDE A
BROAD RANGE OF TECHNICAL AND FINANCIAL ASSISTANCE TO STATE AND LOCAL
GOVERNMENTS TO ASSIST THEM IN SUCCESSFULLY PLANNING AND DEVELOPING
RESOURCE RECOVERY PROJECTS. THE PROGRAM ADDRESSES THE KEY BARRIERS TO
IMPLEMENTATION WHICH EXIST TODAY. THE MAJOR ACTIVITIES INCLUDED IN THIS
PROGRAM ARE SUMMARIZED BELOW:
URBAN POLICY PROGRAM. LOCALFINANCIAL ASSISTANCE IS PROVIDED FOR
PLANNING AND DEVELOPMENT OF RESOURCE RECOVERY PROJECTS. ($15 MILLION IN
'79; $13.9 REQUESTED IN '80). SIXTY-EIGHT COMMUNITIES HAVE RECENTLY
BEEN SELECTED FOR FUNDING IN FY 79.
TECHNICAL ASSISTANCE PANELS. TEAMS OF EXPERTS PROVIDE SPECIALIZED
PROBLEM SOLIVNG ASSISTANCE ON REQUEST TO STATE AND LOCAL GOVERNMENTS
WITHOUT CHARGE. $1.8 MILLION IS AVAILABLE IN FY 79 FOR CONSULTING
ASSISTANCE; PEER MATCHING IS AVAILABLE THROUGH EPA GRANTS TO PUBLIC
INTEREST GROUPS, ($400K IN FY 79); EPA STAFF ALSO PARTICIPATES.
RESOURCE RECOVERY SEMINARS. TWO-DAY RESOURCE RECOVERY IMPLEMENTATIO
SEMINAR IS PRESENTED BY EPA STAFF ON THE STATUS OF RESOURCE RECOVERY
TECHNOLOGY, MARKETS, AND INSTITUTIONAL ISSUES. PRESENTED IN 12
LOCATIONS TO DATE WITH OUTSTANDING RESPONSE.
A ONE-DAY SOURCE SEPARATION WORKSHOP ON ALTERNATIVES AND
IMPLEMENTATION PROCEDURES HAS BEEN PRESENTED IN THREE LOCATIONS TO DATE,
AND SEVERAL MORE ARE PLANNED.
RESOURCE RECOVERY EVALUATIONS. TECHNICAL, ECONOMIC, AND
ENVIRONMENTAL PERFORMANCE ASSESSMENTS ARE PERFORMED ON COMMERCIALLY
OPERATING SYSTEMS TO PROVIDE INFORMATION TO LOCAL DECISION-MAKERS.
SEVEN EVALUATIONS HAVE BEEN COMPLETED, 7-9 MORE ARE UNDERWAY OR PLANNED.
OVER $4 MILLION INVESTED TO DATE; ABOUT $400,000 IN FY 79.
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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STATE PLANNING. FINANCIAL SUPPORT IS PROVIDED FOR DEVELOPMENT OF
STATE PLANS INCLUDING RESOURCE RECOVERY PLANNING. PLANNING ALSO
REQUIRES STATES TO REMOVE KEY LEGAL BARRIERS TO RESOURCE RECOVERY
PROCUREMENT. FUNDING IS PART OF $11 MILLION IN OTHER-THAN-HAZARDOUS
STATE PLANNING SUPPORT IN FY 79.
TECHNICAL INFORMATION AND GUIDANCE. THIS INCLUDES PUBLISHED REPORTS
ON DEMOS, EVALUATIONS, SURVEYS, AND STUDIES AND GUIDANCE DOCUMENTS TO
LOCAL DECISION-MAKERS ON RESOURCE RECOVERY IMPLEMENTATION.
EPA'S ACTIVITIES ALSO INCLUDE A SIGNIFICANT RESEARCH AND DEVELOPMENT
EFFORT.
EPA, WITH LONG STANDING AND CLEARLY ESTABLISHED TIES TO STATE AND
LOCAL GOVERNMENTS, AND OVER 10 YEARS OF RESOURCE RECOVERY EXPERIENCE, IS
THE LOGICAL FOCAL POINT OF THE FEDERAL RESOURCE RECOVERY EFFORT. EPA'S
PROGRAM HAS BEEN DEVELOPED WITH THE UNDERSTANDING THAT TWO OTHER
AGENCIES, THE DEPARTMENTS OF ENERGY AND COMMERCE, ALSO HAVE SIGNIFICANT
RESPONSIBILITIES.
THE IMPORTANT ROLE OF CONTINUED TECHNOLOGY DEMONSTRATION IS NOW BEING
HANDLED PRIMARILY BY THE DEPARTMENT OF ENERGY. THIS INCLUDES FULL SCALE
COMMERCIAL PROTOTYPES WHERE RISKS MAY DICTATE FEDERAL FINANCIAL SUPPORT.
THE ROLE OF MARKET ANALYSIS AND DEVELOPMENT, PARTICULARLY FOR RECOVERED
MATERIALS, NOW RESIDES PRIMARILY WITH THE DEPARTMENT OF COMMERCE,
ALTHOUGH EPA MAINTAINS MARKET EXPERTISE FOR SUPPORT OF TECHNICAL
ASSISTANCE. THESE THREE PROGRAMS ADDRESS THE KEY FACTORS WHICH WILL
INFLUENCE THE FUTURE OF RESOURCE RECOVERY IN THIS COUNTRY.
EPA IS CURRENTLY TAKING THE LEAD IN COORDINATING THOSE ACTIVITIES
INTO A WELL INTEGRATED FEDERAL PROGRAM. INTER-AGENCY AGREEMENTS WITH
BOTH AGENCIES HAVE BEEN SIGNED. EPA IS IN THE PROCESS OF ORGANIZING AN
INTERAGENCY COMMITTEE WHICH WILL INCLUDE PRINCIPALLY THE DEPARTMENT OF
COMMERCE AND THE DEPARTMENT OF ENERGY AND ALSO OTHER DEPARTMENTS AND
AGENCIES WITH AN INTEREST IN RESOURCE RECOVERY. THIS COMMITTEE WILL
HAVE AS A PRIMARY TASK THE DEVELOPMENT OF A WELL INTEGRATED PLAN FOR THE
COORDINATED IMPLEMENTATION OF ALL FEDERAL RESOURCE RECOVERY PROGRAMS.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-SIXTH CONGRESS FIRST SESSION ON AUTHORIZATION ON THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 SERIAL NO. 96-31
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MR. MADIGAN. I WOULD ALSO LIKE TO SUGGEST THAT THERE BE SOME
INTERAGENCY ACTIVITY WITHIN THE EPA SO THAT YOU WILL BE BETTER EQUIPPED
TO MAKE A JUDGMENT AS TO WHETHER OR NOT THE 1977 CLEAN AIR ACT
AMENDMENTS ARE GOING TO HAVE THE FULL POTENTIAL OF SHUTTING THIS
TECHNOLOGY DOWN BEFORE IT REALLY GETS OFF THE GROUND.
MR. PLEHN. I AM SURE IT WILL NOT HAVE THAT EFFECT, MR. MADIGAN,
BECAUSE OF THE GUIDANCE WHICH I DESCRIBED. AND AS I SAY, IF I COULD I
WOULD LIKE TO GET SOMETHING TO YOU FOR THE RECORD THAT WOULD EXPLAIN HOW
THAT IS THE CASE.
MR. MADIGAN. DO YOU THINK WE SHOULD HAVE A FEDERAL LAW THAT REQUIRES
THAT THE STATE IMPLEMENTATION PLANS ALLOW THE LOCATION OF AT LEAST ONE
OF THESE PLANTS IN EACH STATE?
MR. PLEHN. I REALLY WOULD NOT KNOW WHETHER THAT WOULD BE THE
MECHANISM FOR DOING THAT. I WOULD HAVE TO CONSULT WITH MY COLLEAGUES
AND, I THINK, HET BACK TO YOU ON THAT QUESTION.
MR. MADIGAN. YOU HAVE TOLD US WHAT YOUR ACTIVITITES HAVE BEEN AND
WHAT THE ACTIVITIRES OF THE EPA HAVE BEEN, AND YOU HAVE HAD SOMETHING TO
SAY AND I AM VERY GRATEFUL FOR THAT, BUT THERE IS AND HAS BEEN THE
ACTIVITY YOU HAVE DESCRIBED. YOU HAVE NOT GIVEN US A WISH LIST. YOU
HAVE NOT SAID ANYTHING TO THE COMMITTEE ABOUT WHAT YOU THINK MIGHT BE
APPROPRIATE FOR US TO DO IN THE WAY OF ADDITIONAL PROVIDING FOR YOU TO
BE ABLE TO ENGAGE IN ADDITIONAL ACTIVITY.
ARE THERE THINGS WE COULD NO TO MOVE THESE THINGS ALONG ANY QUICKER?
MR. PLEHN. OUR BASIC FEELING IS -- AND I THINK THAT THIS IS WHAT THE
CHAIRMAN SAID EARLIER -- THAT THESE PLANTS CAN BE OPERATED IF THEY ARE
WELL-PLANNED ON AN ECONOMIC BASIS; THAT THE PRIVATE SECTOR CAN PROVIDE
THE TECHNOLOGY AND THAT THESE SYSTEMS CAN MOVE AHEAD. I THINK WE HAVE A
GREAT DEAL OF HOPE AND, I THINK, CONFIDENCE THAT THE PROGRAM WHICH I
JUST DESCRIBED WILL OVER THE NEXT SEVERAL YEARS MAKE A GREAT DEAL OF
DIFFERENCE.
I NEGLECTED TO MENTION THAT THE PRESIDENT'S BUDGET FOR FISCAL YEAR
1980 REQUESTS AN ADDITIONAL $13,950 MILLION FOR THIS PROGRAM OF GRANTS
TO COMMUNITIES TO ASSIST THEM IN PLANNING AND PROCURING THESE SYSTEMS.
WE WOULD CERTAINLY HOPE THAT THOSE FUNDS WOULD BE FORTHCOMING. IN THE
PRESIDENT'S MESSAGE IN WHICH HE RECOMMENDED THIS PROGRAM, HE INDICATED
THAT THIS WOULD BE A 3-YEAR PROGRAM. WE FEEL STRONGLY THAT A THIRD YEAR
WOULD BE DESIRABLE ALSO.
BUT I GUESS MY ANSWER WOULD BE THAT I THINK THAT AS FAR AS EPA'S
PROGRAM PER SE IS CONCERNED, THAT WE HAVE NOW GOT IT, I THINK, WELL
DESIGNED. I THINK WE HAVE IT UNDER OPERATION AND I THINK IT WILL BE OF
MATERIAL ASSISTANCE TO THE PRIVATE SECTOR AND TO THOSE COMMUNITIES THAT
WERE NOT DESPERATE TO GET RESOURCE RECOVERY TO BE SUCCESSFUL IN
ACHIEVING THAT.
M. MADIGAN. I HAVE ONLY ONE MORE QUESTION AND IT IS ONLY FOR THE
PURPOSE OF CLARIFYING SOMETHING IN MY MIND. YOU TALKED ABOUT THE
FINANCING PROBLEMS FOR THESE PLANTS. I HAVE BEEN UNDER THE IMPRESSION
SINCE WE JOINTLY SPONSORED WITH THE LIBRARY OF CONGRESS A SYMPOSIUM ON
THI ACTIVITY, CALLING IN PEOPLE FROM ALL AROUND THE COUNTRY WHO HAVE HAD
SOME EXPERIENCE, THAT IN ORDER FOR THESE PLANTS TO BE ECONOMICALLY
FEASIBLE, YOU ARE GOING TO HAVE TO HAVE ALL OF THE WASTE COLLECTED AND
PROCESSED AT THE SAME TIME.
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I UNDERSTOOD YOU TO SUGGEST THAT SOME THINGS SHOULD BE TAKEN OUT IN
FRONT, AND I AM A LITTLE BIT CONFUSED BY THAT. PERHAPS I DIDN'T
UNDERSTAND YOU.
MR. PLEHN. I CAN EXPLAIN THAT IN GENERAL TERMS. IF YOU LIKE, I COULD
GET YOU MORE DETAILED INFORMATION. BUT BASICALLY I THINK THAT EVERYONE
HAS NOW COME TO THE REALIZATION THAT ON THE ONE HAND, IT IS -- LET US
TAKE PAPER -- A HIGHER VALUE PRODUCT TO TAKE NEWSPAPER AND OTHER PAPER
OUT AT THE FRONT END OF A PROJECT THAN IT IS TO TURN IT INTO BTU'S AND
GET ENERGY OUT OF IT. ON THE OTHER SIDE OF THE COIN, EVERYONE HAS
REALIZED THAT THE TAKING OUT OF THAT PAPER DOES NOT REALLY SIGNIFICANTLY
AFFECT THE ENERGY ECONOMICS OF THE PLANT AND DOES NOT PUT THE PLANT'S
FINANCING IN JEOPARDY.
THE CASE EXAMPLE OF THIS IS SAUGUS, MASS., THE PLANT FATHER DDRINAN
TALKED ABOUT. WHEN THEY ORIGINALLY OPENED THAT PLANT 3 OR 4 YEARS AGO,
THEY INSISTED THAT ALL OF THE PARTICIPATING COMMUNITIES HAVE ORDINANCES
THAT SAID NO SOURCE SEPARATION WAS ALLOWED, AND THERE WAS QUITE A STORM
ABOUT THAT. BUT THE COMPANY, WHEELERBURY-FRY, HAS SINCE CONCLUDED THAT
THEY DID NOT NEED TO TAKE THAT POSITION, AND IN FACT HAS REVERSED THAT
DECISION AND SAID: "WE DON'T HAVE ANY PROBLEM WITH SOURCE SEPARATION.
WE CAN GET ENOUGH BTU'S OUT OF THE REMAINING WASTE TO MAKE OUR ECONOMICS
WORK."
I THINK THAT IS THE GENERAL PERCEPTION NOW THAT IT HELD BY EVERYONE
IN THE RESOURCE RECOVERY COMMUNITY.
MR. MADIGAN. THE ONLY OTHER THING THAT FITS INTO THAT ARE THE BOTTLE
BILLS. WE HAVE A BOTTLE BILL INTRODUCED IN CONGRESS. IT HAS A NUMBER
OF SPONSORS AND I BELIEVE IT HAS BEEN REFERRED TO THIS SUBCOMMITTEE.
DOES THE BOTTLE BILL HAVE THE POTENTIAL OF REDUCING THE ECONOMIC
VIABILITY OF THESE PLANTS?
MR. PLEHN. NO, SIR. I THINK THE EFFECT WOULD BE THE OPPOSITE. I
THINK IT WOULD INCREASE THE RELIABILITY OF THESE PLANTS BECAUSE, AT
LEAST IN THOSE PLANTS, LET US SAY THE WATER WALL INCINERATORS IN WHICH
YOU ARE INCINERATING ALL OF THE WASTE AND THEREFORE THE GLASS IS IN
THAT, GLASS IS A PROBLEM IN TERMS OF CAUSING SLAGGING AND CORROSION
WITHIN THE PLANT.
SO, TO THE EXTENT THAT THE AMOUNT OF GLASS IN THE WASTE BEING
COMBUSTED IS REDUCED, THE RELIABILITY OF THE PLANT AND THE RISKS
INVOLVED IN THE PLANT ARE REDUCED. SO I THINK THOSE ARE HIGHLY
COMPATIBLE.
MR. MADIGAN. THANK YOU VERY MUCH.
MR. FLORIO. WHAT IS THE TECHNOLOGY AT SAUGUS?
MR. PLEHN. THE WATERWALL INCINERATOR, MR. CHAIRMAN.
MR. FLORIO. MR SANTINI.
MR. SANTINI. THANK YOU, MR. CHAIRMAN.
I AM CONCERNED IN THE REALM OF SUBTITLE D, STATE OR REGIONAL SOLID
WASTE PLANS. A PARTICULAR PROBLEM HAS ARISEN IN RURAL AREAS OF NEVADA
AS THE STATE MOVES FORWARD TO PROMULGATE ITS PLAN WITH REGARD TO THE
COST OF SOLID WASTE DISPOSAL OR THE ELIMINATION OF OPEN LAND DUMP SITES.
THERE IS ALSO A VERY SIGNIFICANT ECONOMIC REALITY IMPOSED ON SOME OF
THESE SMALL POPULATION, LARGE LAND MASS COUNTIES COMPOSED OF ONLY 2 OR 3
PERCENT PRIVATE LAND OUT OF THOUSANDS OF THOUSANDS OF ACRES.
THEY HAVE VERY LITTLE IN THE WAY OF A TAX BASE ON WHICH TO OPERATE.
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THEY HAVE BEEN NICKEL AND DIMING IT FOR HUNDREDS OF YEARS, AND THEY ARE
TOLD WITHIN THE NEXT 5 YEARS THEY HAVE TO COME UP WITH $250,000 TO
ELIMINATE AN OPEN DUMP SITE.
THAT PHASE OF THE LAW ALSO DOES NOT MAKE THE SIGNIFICANT PROVISION
FOR ECONOMIC ASSISTANCE, AND THEREFORE THE SAMLLER COUNTIES, THE SMALLER
RURAL COUNTIES, FUND THEMSELVES BETWIXT AND BETWEEN. THERE ARE VERY FEW
PEOPLE WHO RUN FOR CITY COUNCIL THERE ADVOCATING OPEN DUMP SITES, BUT ON
THE OTHER HAND, THEY ARE FACED WITH A VERY SUBSTANTIAL ECONOMIC REALITY.
WE WOULD JUST AS SOON PUT IT UNDERGROUND TOO, BUT WHO IS GOING TO PAY
FOR IT?
WE ARE LUCKY TO GET OUR SEWERS IN, LET ALONE THE ECONOMIC
CIRCUMSTANCE OF ELIMINATING THE DUMP SITES FOR A QUARTER OF A MILLION
DOLLARS, WHICH WAS THE PROPOSAL 2 YEARS AGO IN ONE OF THE RURAL COUNTIES
WITH A 6,000-PEIPLE POPULATION BASE AND 2-PERCENT PRIVATE LAND FROM
WHICH TO GENERATE FUNDS TO PERFORM PUBLIC FUNCTIONS. I SOULD APPRECIATE
YOUR THOUGHT OR COMMENT ON THAT PROBLEM.
MR. PLEHN. WELL, MR. SANTINI, I THINK YOU ARE ABSOLUTELY CORRECT IN
SAYING THAT FOR SMALL, RURAL COMMUNITIES WITH A LIMITED TAX BASE, THAT
PROVISION OF SOLID WASTE SERVICES THAT REALLY MEET ALL ENVIRONMENTAL
STANDARDS TENDS TO BE A DIFFICULT THING ECONOMICALLY. AS YOU PROBABLY
ARE AWARE, SECTION 4009 OF THE RESOURCE CONSERVATION RECOVERY ACT
AUTHORIZED GRANT ASSISTANCE TO RURAL COMMUNITIES.
WE HAVE NOT, WITHIN THE FUNDING THAT HAS BEEN AVAILABLE TO US, IN
RELATIONSHIP TO THE OTHER RESPONSIBILITIES ASSIGNED TO US IN THAT ACT,
BEEN ABLE TO RECOMMEND FUNDING UNDER THAT SECTION OF THE ACT. I AM
AWARE THAT THERE IS SOME FINANCIAL ASSISTANCE AVAILABLE FROM OTHER PARTS
OF THE FEDERAL GOVERNMENT, AND I WILL BE GLAD TO SUMBIT FOR THE RECORD
WHERE THAT ASSISTANCE IS AVAILABLE, THE FARMERS HOME ADMINISTRATION AND
THE ECONOMIC DEVELOPMENT ADMINISTRATION AND SOME OTHER ORGANIZATIONS.
BUT WE HAVE NOT BEEN, AS I SAY, ABLE TO ASSIGN PRIORITIES SUFFICIENT
TO RECOMMEND FUNDING FOR THAT SECTION.
MR. SANTINI. HAS ANY MONEY BEEN EITHER AUTHORIZED OR APPROPRIATED
UNDER SECTION 4009?
MR. PLEHN. NO, SIR.
MR. SANTINI. SO WE HAVE THE VERY FRUSTRATING CATCH-22 SITUATION, AT
LEAST IN THE RURAL CONSTITUENCY, THAT THEY ARE MANDATED TO DO SOMETHING
THAT THEY DON'T HAVE THE MONEY TO DO. AND THEY THE TURN AND DIRECT
THEIR PLEA FOR RELIEF TO THEIR DEDICATED CONGRESSMEN. AND YOUR
SUGGESTION TO ME IN TERMS OF RESPONSE IS THAT THERE ARE OTHER SOURCES OF
FUNDING AVAILABLE TO THEM?
MR. PLEHN. ONE FORM OF ASSISTANCE THAT IS AVAILABLE TO THEM DURRENTLY
IS UNDER RCRA, UNDER OUR PROGRAM, IS TECHNICAL ASSISTANCE UNDER THE
TECHNICAL ASSISTANCE PANELS PROGRAM. I KNOW OF A NUMBER OF SPECIFIC
RURAL COUNTIES WHERE THAT KIND OF ASSISTANCE HAS BEEN PROVIDED AND WHERE
I UNDERSTAND IT HAS BEEN HELPFUL.
I WOULD ENCOURAGE ANY OF YOUR COMMUNITIES WHO THINK THEY NEED HELP TO
CONTACT OUR REGIONAL OFFICE IN SAN FRANCISCO AND TALK TO THEM ABOUT WHAT
KIND OF HELP UNDER THAT PROGRAM MIGHT BE AVAILABLE TO THEM.
MR. SANTINI. MR. CHAIRMAN, I MOVE BY UNANIMOUS CONSENT THAT A
SPECIFICATION OF OTHER POSSIBLE AREAS OF FINANCIAL ASSISTANCE TO RURAL
COUNTIES OR MUNICIPALITIES BE INCLUDED AT THIS POINT IN THE RECORD.
MR. FLORIO. WITHOUT OBJECTION, WE WOULD BE HAPPY TO RECEIVE FROM YOU
YOUR SUGGESTIONS.
(THE FOLLOWING MATERIAL WAS RECEIVED FOR THE RECORD:)
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HONORABLE JAMES J. FLORIO CHAIRMAN SUBCOMMITTEE ON TRANSPORTATION AND
COMMERCE HOUSE OF REPRESENTATIVES WASHINGTON, D.C. 20515
THIS IS IN RESPONSE TO CONGRESSMAN SANTINI'S REQUEST FOR INFORMATION
AT THE HEARING ON WEDNESDAY REGARDING FEDERAL FINANCIAL ASSISTANCE TO
RURAL AREAS FOR SOLID WASTE MANAGEMENT.
THE FARMERS HOME ADMINISTRATION IS CURRENTLY MAKING GRANTS OR
GUARANTEEING LOANS TO RURAL AREAS FOR SOLID WASTE TYPE PROJECTS. FHA
HAS TWO PROGRAMS UNDER WHICH RURAL COMMUNITIES ARE ELIGIBLE FOR
FINANCIAL ASSISTANCE.
THE FIRST IS THE COMMUNITY FACILITIES LOAN PROGRAM WHICH IS A $250
MILLION ANNUAL PROGRAM. BASED ON THE BEST ESTIMATES OF FHA PERSONNEL,
ABOUT ONE MILLION DOLLARS OF THE AVAILABLE FUNDS ARE USED FOR LOANS FOR
SOLID WASTE EQUIPMENT AND FACILITIES IN RURAL AREAS.
THE SECOND FHA PROGRAM IS THE WATER AND WASTE DISPOSAL PROGRAM.
THIS PROGRAM HAD A FY 1977 BUDGET OF $197 MILLION FOR
GUARANTEED LOANS AND $82 MILLION FOR GRANTS. IN FY 1977 FHA MADE
ONE GRANT FOR $30,000 AND THREE GUARANTEED LOAN GRANTS FOR
$362,000 IN THE SOLID WASTE AREAS.
IN AN ATTEMPT TO ANSWER YOUR REQUEST, WE INVESTIGATED ALL OTHER KNOWN
SOURCES OF FEDERAL FINANCIAL ASSISTANCE IN SOLID WASTE.
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FOLLOWING IS A LIST OF OTHER FEDERAL ASSISTANCE PROGRAMS WHICH WE
CONTACTED CONCERNING POSSIBLE HELP TO RURAL AREAS. ALTHOUGH NONE OF THE
PORGRAMS SPECIFICALLY MENTION SOLID WASTE PLANNING, COLLECTION,
PROCESSING OR DISPOSAL, THE OBJECTIVES AND USES OF THE PROGRAM MAKE
SOLID WASTE PROJECTS ELIGIBLE FOR FEDERAL ASSISTANCE FROM THESE SOURCES.
THE FEDERAL DOMESTIC ASSISTANCE CATALOGUE PROVIDES MORE INFORMATION ON
THESE PROGRAMS; THE CATALOGUE NUMBER FOLLOWS EACH PROGRAM TITLE.
HUD COMMUNITY PLANNING AND DEVELOPMENT GRANTS (14,203)
OBJECTIVES: TO ASSIST IN THE CONSTRUCTION OF PUBLIC FACILITIES
NEEDED TO ENCOURAGE LONG TERM ECONOMIC GROWTH IN AREAS WHERE ECONOMIC
GROWTH IS LAGGING BEHIND THE REST OF THE NATION.
APPALACHIAN REGIONAL COMMISSION -- COMMUNITY DEVELOPMENT GRANTS
(23,002)
OBJECTIVES: TO MEET BASIC NEEDS OF LOCAL AREAS AND ASSIST IN
PROVIDING COMMUNITY DEVELOPMENT OPPORTUNITIES BY FUNDING SUCH FACILITIES
AS WATER AND SEWER SYSTEMS, SEWAGE TREATMENT, INDUSTRIAL SITES AND OTHER
COMMUNITY DEVELOPMENT FACILITIES.
ECONOMIC DEVELOPMENT ADMINISTRATION -- GRANTS AND LOANS FOR PUBLIC
WORKS AND DEVELOPMENT FACILITIES (11,300)
OBJECTIVES: TO ASSIST IN THE CONSTRUCTION OF PUBLIC FACILITIES
NEEDED TO INITIATE AND ENCOURAGE LONG TERM GROWTH IN GEOGRAPHIC AREAS
WHERE ECONOMIC GROWTH IS LAGGING.
ENVIRONMENTAL PROTECTION AGENCY -- 208 STATE AND AREAWIDE WATER
QUALITY MANACEMENT PLANNING (66,426)
OBJECTIVES: TO ENCOURAGE AND FACILITATE THE DEVELOPMENT AND
IMPLEMENTATION OF WATER QUALITY MANAGEMENT PLANS BY AREAWIDE AGENCIES
AND BY THE STATE IN NON-DESIGNATED PLANNING AREAS. A KEY FEATURE OF
THIS PORGRAM, NOT STATED IN THE CATALOGUE, IS THAT SOLID WASTE IS
CONSIDERED A "RESIDUAL" IMPACTING ON WATER SUPPLIES AND ABOUT 20 PERCENT
OF THE FUNDING IS TO BE SPENT ON "RESIDUALS" SUCH AS AGRICULTURAL,
MINING AND OTHER SOLID WASTES.
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COASTAL ENERGY IMPACT PROGRAM -- ENVIRONMENTAL GRANTS (11.424)
OBJECTIVES: TO HELP STATES AND LOCAL GOVERMENTS PREVENT, REDUCE
OR AMELIORATE UNAVOIDABLE LOSS OF VALUABLE ENVIRONMENTAL OR
RECREATIONAL RESOURCES RESULTING FROM COASTAL ENERGY ACTIVITY.
THE GENERATION OF NEW WASTES OR INFLUX OF POPULATION FOR DEVELOPING
NEW OR EXPANDED ENERGY SOURCES WOULD MAKE SOLID WASTE PROJECTS
IN THESE AREAS ELIGIBLE FOR FEDERAL ASSISTANCE.
FARMERS HOME ADMINISTRATION -- IN ADDITION TO THE TWO PREVIOUSLY
MENTIONED PROGRAMS ALREADY FUNDING RURAL SOLID WASTE PROJECTS, A THIRD
FHA PROGRAM IS THE BUSINESS AND INDUSTRIAL LOAN PROGRAM (10.422)
OBJECTIVES: TO ASSIST PUBLIC, PRIVATE OR COOPERATIVE ORGANIZATIONS .
. .INDIAN TRIBES OR INDIVIDUALS IN RURAL AREAS TO OBTAIN QUALITY LOANS
FOR THE PURPOSE OF . . . IMPORVING THE ECONOMIC AND ENVIRONMENTAL
CLIMATE IN RURAL COMMUNITIES INCLUDING POLLUTION ABATEMENT AND CONTROLS.
I HOPE THIS INFORMATION IS HELPFUL TO YOU.
CC: HONORABLE JIM SANTINI HOUSE OF REPRESENTATIVES
HONORABLE EDWARD R. MADIGAN HOUSE OF REPRESENTATIVES
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MR. SANTINI. AND WOULD YOU BE KIND ENOUGH, MR. PLEHN, TO SEND ME A
COPY OF THAT AS WELL?
MR. PLEHN. YES, SIR.
MR. SANTINI. IS THERE ANY CONSIDERATION WITHIN EPA TO MODERATE THE
MANDATE, EITHER IN TERMS OF TIMETABLES OR CONTENTS, AS IT APPLIES TO OR
AFFECTS THOSE RURAL COUNTIES THAT SIMPLY DO NOT HAVE THE FINANCIAL
RESOURCES TO IMPLEMENT THE MANDATE OF THE RULE, REGULATION OR LAW?
MR. PLEHN. THE SUBTITLE D PROGRAM, MR. SANTINI, WHICH IS THE PROGRAM
DIRECTED AT OTHER THAN HAZARDOUS WASTES, IS A BASICALLY STATE AND LOCAL
PROGRAM. THE FEDERAL ROLE IN THAT AREA IS A LIMITED ONE. WE ARE
DIRECTED BY THE LAW TO DEVELOP CRITERIA DEFINING SOUND LAND DISPOSAL AS
OPPOSED TO OPEN DUMPS. WE ARE DIRECTED TO CONDUCT AN INVENTORY, WHICH
WE WILL BE DOING THROUGH THE STATE GOVERNMENTS, OF EXISTING DISPOSAL
SITES TO DETERMINE WHETHER THEY COMPLY OR WHETHER THEY DO NOT.
WE ARE DIRECTED TO HELP THE STATE DEVELOP A STATE PLAN AND EXPAND ITS
REGULATORY POWERS TO DEAL WITH ALL OF THE OTHER THAN HAZARDOUS WASTE
STREAMS IN THE STATES. SO I SAY THE BASIC DECISIONS ABOUT THE PACING OF
THE INVENTORY, LET'S SAY, IN YOUR STATE OR OTHER STATES, AND DECISIONS
ABOUT HOW TO PROCEED AS A RESULT OF THAT INVENTORY, WILL REST HEAVILY AT
THE STATE LEVEL RATHER THAN WITH EPA ITSELF.
MR. SANTINI. WELL, UNFORTUNATELY, THE PROBLEM AS IT IS TRANSLATED
BACK TO ME IN THE FORM OF EXASPERATED CITY COUNCILMEN OR COUNTY
COMMISSIONERS IS SUGGESTED TO BE ONE OF FEDERAL ORIGIN RATHER THAN STATE
ORIGIN. PERHAPS IT IS A CLASSIC GOVERNMENTAL BUCKPASSING.
MR. PLEHN. NO. I CAN UNDERSTAND HOW THAT WOULD BE THE PERCEPTION
BECAUSE WE DO HAVE THIS ASSIGNMENT TO DEVELOP THESE CRITERIA AND THEY
WILL PROBABLY IDENTIFY AN LOT OF FACILITIES THAT ARE PRESENTLY BEING
OPERATED IN RURAL COUNTIES AS BEING OPEN DUMPS. I THINK THAT WILL BE
THE RESULT FOR THE REASONS YOU DESCRIBED EARLIER.
MR. SANTINI. DO YOU HAVE ANY OTHER SUGGESTIONS TO HELP RETRIEVE MY
RURAL COUNTY COMMISSIONERS AND CITY COUNCILMEN FROM THIS DAMNABLE
DILEMMA?
MR. PLEHN. I THINK THE ONLY OTHER POINT I COULD MAKE IS THAT OUR
GENERAL FEELING IS THAT THE SOLUTION TO THE FINANCING OF BOTH THE SOLID
WASTE MANAGEMENT PROGRAMS AT STATE AND REGIONAL LEVEL, AND PERHAPS AT
LEAST THE DESIGNING OF THE SOLUTION OF THOSE PROPOSALS TO THOSE PROBLEMS
SHOULD BE INCREASINGLY BASED ON USER CHARGES ASSESSED AT THE STATE
LEVEL.
ACCORDING TO THE COUNCIL ON ENVIRONMENTAL QUALITY, WE ARE PRESENTLY
SPENDING IN THIS SOCIETY OVER $8 BILLION PER YEAR FOR THE MANAGEMENT OF
OTHER THAN HAZARDOUS WASTE, AND WE FEEL IT IS APPROPRIATE AND DESIRABLE
THAT MANY STATES FOLLOW THE EXAMPLE OF SIX OR EIGHT, OF WHICH NEW JERSEY
IS ONE, WHICH IN EFFECT PUTS A SMALL TAX ON THAT VOLUME OF EXPENDITURES
IN ORDER TO GENERATE THE FUNDS NEEDED TO IMPROVE THE LEVEL OF SOLID
WASTE MANAGEMENT IN THEIR STATES.
NOW, WHETHER THAT IS A DESIRABLE OR FEASIBLE COURSE FOR THE STATE OF
NEVADA, I DON'T KNOW. BUT WE ARE ENDEAVORING TO STUDY THOSE STATES
WHICH HAVE THESE SYSTEMS AND DEVELOP TECHNICAL INFORMATION AND
ASSISTANCE SO THAT WE CAN WORK WITH ALL OF THE OTHER STATES TO SEE IF
MAYBE THAT ISN'T A GOOD SOLUTION TO THEIR FINANCING PROBLEMS.
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MR. SANTINI. I THINK THE PROBLEM HAS TWO DIMENSIONS TO IT, AND I
HOPE YOUR STUDY WILL ENCOMPASS THESE CONSIDERATIONS. ON THE ONE HAND,
IF YOU ARE DEALING WITH AN URBAN POPULATION. I THINK THAT APPEARS
IMMINENTLY REASONABLE. AND YOU HAVE IN MOST URBAN SITUATIONS, I THINK,
A POPULACE WHICH IS MORE RECEPTIVE TO INCREASED TAXATION BECAUSE THEY
HAVE BEEN CONDITIONED OVER THE YEARS THAT THAT IS A WAY OF LIFE.
BUT IN THE RURAL AREAS, PARTICULARLY THOSE OF SMALL POPULATION AND
LIMITED RESOURCE SITUATIONS, AN INCREASE OF A DUMPING FEE OR GARBAGE
COLLECTION FEE FROM $5 TO $15 BECOMES A MATTER ON WHICH ALL MEMBERS OF
THE EXISTING COUNTY COMMISSION ARE BROUGHT OUT OF OFFICE. IT IS
REPRESENTATIVE, IF YOU WILL, OF NEW TAXATION, IN WHATEVER FORM OR SHAPE
IT ASSUMES. FOR THOSE WHO SEEK ELECTIVE OFFICE AND HAVE BEEN SUCCESSFUL
IN OBTAINING IT, IT DOES NOT REPRESENT A RATIONAL SOLUTION UNLESS THEY
ARE ANXIOUS TO LEAVE ELECTIVE OFFICE AND RETURN TO THE PRIVATE SECTOR.
MR. PLEHN. I UNDERSTAND THAT, THE ONLY POINT I WOULD ADD TO THAT IS
THAT WHEN WE ARE TALKING ABOUT THIS, WE ARE NOT ONLY TALKING ABOUT
MUNICIPAL WASTE GENERATED BY HOUSEHOLDS AND HANDLED BY MUNICIPALITIES.
WE ARE ALSO TALKING ABOUT INDUSTRIAL WASTES WHICH ARE OTHER THAN
HAZARDOUS.
I THINK THAT PROVIDES BOTH A RESPONSBILITY, AS DEFINED IN RCRA, THAT
THOSE WASTES INCREASINGLY WILL HAVE TO BE REGULATED TO PORTECT THE
PUBLIC HEALTH AND ENVIRONMENT, AND AN OPPORTUNITY TO RAISE REVENUES TO
SUPPORT SOME OF THESE OTHER PROGRAMS.
MR. SANTINI. UNLESS WE WERE TO TAX THE COWS, I THING WE WOULD LOSE IN
THAT RESPECT.
THANK YOU, MR. CHAIRMAN.
MR. FLORIO. MR. PLEHN, YOU HAVE HEARD THE CONVERSATION WITH
RESPRESENTATIVES OF THE DEPARTMENT OF COMMERCE WITH REGARD TO THE
PROCUREMENT AND RECYCLING POLICY AND THE APPARENT FAILURE TO COME
FORWARD WITH ANY SUBSTANTIAL NEW CHANGE IN GOVERNMENTAL POLICY WHICH
WOULD ENCOURAGE THE USE BY THE FEDERAL GOVERNMET OF RECYCLED MATERIALS.
WOULD YOU RESPOND?
MR. PLEHN. YES, SIR. UNDER SECTION 6002 OF RCRA, THE CONGRESS
DIRECTED A NUMBER OF THINGS. THEY FIRST SAID, TO AGENCIES THAT BUY FOR
THE GOVERNMENT, WE WANT YOU TO, ONE, REMOVE ANY BIASES THAT YOU MAY HAVE
IN YOUR SPECIFICATIONS AGAINST VIRGIN MATERIALS. WE WANT YOU TO,
SECOND, CHANGE YOUR SPECIFICATIONS SO THAT THEY WILL PERMIT YOU TO
PROCURE THE MAXIMUM PRACTICABLE AMOUNT OF GOODS CONTAINING RECOVERED
MATERIALS, PROVIDING IT IS CONSISTENT WITH EFFICIENT PROCUREMENT AND
ADEQUATE COMPETITION AND SOME OTHER THINGS OF THIS SORT.
AND THEN YOU DIRECTED US TO DEVELOP GUIDELINES.
MR. FLORIO. "US" BEING EPA?
MR. PLEHN. EPA. TO BE USED BY THESE PROCUREMENT OFFICIALS AS THEY
UNDERTOOK THIS PROCUREMENT.
NOW, I THINK ONE OF THE PROBLEMS IN THE ACT IS THAT YOU LAID THIS
PROBLEM ON THE PROCURING OFFICIALS TO COMPLETE IT BY THIS LAST FALL, AND
THAT WAS AT THE SAME TIME THAT WE WERE DOING THE INITIAL WORK ON
DEVELOPING THE GUIDELINES WHICH PRESUMABLY THESE PRODUREMENT AGENCIES
WOULD HAVE USED. SO THAT THERE HAVE BEEN SOME PROBLEMS IN THE
IMPLEMENTATION OF THAT SECTION.
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MR. FLORIO. WHY DIDN'T THE DEVELOPMENT OF GUIDELINES FROM EPA GO
FORWARD MUCH MORE EXPEDITIOUSLY? SINCE WE KNEW THE AGENCIES HAD TO BE
ON LINE BY A PARTICULAR TIME, AND ONE WOULD ASSUME THAT THE GUIDELINES
WOULD BE HELPFUL TO THEM, DON'T YOU THINK IT MIGHT HAVE BEEN DESIRABLE
FOR EPA TO HAVE PROVIDED THE GUIDELINES EARLIER ON SO THAT THE AGENCIES
COULD ABIDE BY THE LAW?
MR. PLEHN. YES, SIR. I THINK THAT WOULD HAVE BEEN DESIRABLE. WE
HAVE BEEN WORKING AHEAD ON THIS. WE HAVE HAD CONTRACTS IN WHICH WE HAVE
DEVELOPED INFORMATION, AND WE ARE IN THAT POSITION WITHIN THE NEXT
SEVERAL MONTS TO ISSUE A NUMBER OF THESE GUIDELINES IN PROPOSED FORM FOR
THE REACTIONS BOTH OF THE PROCUREMENT COMMUNITY AND OF THE SUPPLIER
COMMUNITY.
OUT INTIIAL EFFORTS ARE CONCENTRATING ON PAPER, ON THE USE OF FLY ASH
IN CONCRETE, ON THE USE OF SLUDGE AS A SOIL CONDITIONER, AND ON THE USE
OF RECOVERED MATERIALS TO MEET OTHER CONSTRUCTION SPEDIVICATION.
BASICALLY WHAT WE HAVE DONE IS TO LOOK AT WHAT THE GOVERNMENT BUYS AND
LOOK AT WHAT IS IN THE WASTE STREAM WHICH IS RECOVERABLE, AND TRY TO
HONE IN ON THOSE AREAS WHERE THE GOVERNMENT'S SPECIFICATIONS CAN HAVE
THE MAXIMUM IMPACT IN REDUCING THE WASTE STREAM.
ALL I CAN SAY IS WE ARE MOVING FORWARD WITH THAT AS RAPIDLY AS WE
HAVE BEEN ABLE TO. WE HAVE ALSO PREPARED AN AMENDMENT WHICH IS NOW IN
REVIEW WITHIN THE EXECUTIVE BRANCH, A PROPOSED AMENDMENT, WHICH WOULD
ATTEMPT TO BETTER DEFINE THE RELATIONSHIP OF THE ACTIONS OF THE
PROCUREMENT OFFICIALS AND OUR WORK UNDER THE GUIDELINES SO THAT THE
PROCUREMENT OFFICIALS COULD REALLY -- WE COULD DO ALL THE DETAILED
ANALYTICAL WORK AND THEN MAKE IT AVAILABLE TO THEM, AND THEY COULD TAKE
THEIR GUIDANCE FROM THE GUIDELINES AND PROCEED TO UNDERTAKE THE TASK.
BUT AS I SAY, WE DO HAVE SOME IDEAS HOW WE THINK THAT 6002 CAN BE
SLIGHTLY MODIFIED IN ORDER TO MAKE THAT WHOLE EFFORT MORE EFFECTIVE.
MR. FLORIO. YOUR RESPONSE BRINGS OUT ANOTHER PROBLEM. I THINK THE
BOTTOM LINE OF WHAT YOU JUST SAID IS THAT YOU DID NOT HAVE THE TIME TO
GET THE GUIDELINES PUT TOGETHER PRIOR TO WHEN THE AGENCIES WERE TO
INCORPORATE NEW PROCEDURES TO ENCOURAGE THE PURCHASING OF RECYCLED
MATERIALS. IT IS A LEGITIMATE RESPONSE, AND I KNOW YOU ARE INVOLVED IN
ALOT OF OTHER TINKGS.
THE PRIMARY EMPHASIS HAS BEEN ON HAZARDOUS WASTE, WHICH WAS
APPROPRIATE, AND IF THAT IS THE CASE, AND IF YOU AGREE WITH THE THOUGHT
THAT THE PRIVATE SECTOR SHOULD PLAY A VERY IMPORTANT ROLE IN SOLID WASTE
AND RESOURCE RECOVERY, HAVE YOU GOT THE EXPERTISE OR THE TIME TO BECOME
INVOLVED WITH PROMOTIONAL ACTIVITIES? CAN YOU ALSO DEVELOP SOME OF
THESE GUIDELINES OR PROCUREMENT POLICIES THAT ARE NECESSARY IN ORDER TO
GO FORWARD AND COORDINATE, AS WE TALKED ABOUT THIS MORNING, ALL OF THE
GOVERNMENTAL ACTIVITES NEEDED TO EMPHASIZE SOLID WASTE AS A RESOURCE
RECOVERY MECHANISM.
MR. PLEHN. YES, WE BELIEVE WE DO, MR. CHAIRMAN.
MR. FLORIO. IT REALLY HASN'T BEEN THAT GOOD TO THIS POINT. I WANT TO
PUBLICLY STATE THAT I THINK YOU ARE DOING A FINE JOB IN THE EAREA OF
HAZARDOUS WASTES. THERE HAVE BEEN SOME DELAYS, BUT I AM CONVINCED THE
MAJOR THRUST OF WHAT YOU ARE DOING NOW IS A VERY GOOD AND IMPORTANT ONE,
PERHAPS THE MOST IMPORTANT THING THAT YOU ARE DOING.
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BUT I REALLY AM CONCERNED ABOUT YOUR BEING SPREAD ALL OVER THE PLACE
AND NOT BEING ABLE TO GIVE THE IMPORTANCE TO THIS AREA THAT PERHAPS YOU
SHOULD.
MR. PLEHN. I THINK OUR BASIC FEELING, MR. CHAIRMAN, IS THAT WHEN YOU
TALK ABOUT THE RECOVERY OF ENERGY OR MATERIALS FROM WASTE, YOU HAVE TO
RECOGNIZE THAT THE PRIMARY INITIATING ACTOR HAS TO BE THAT COMMUNITY OUT
THERE THAT HAS THE GARBAGE AND HAS TO MANAGE IT, AND THAT COMMUNITIES
GET INTO RESOURCE RECOVERY.
GRANTED, A LOT OF PEOPLE, INCLUDING ALL OF US IN THIS ROOM, WANT TO
RECOVER ALL OF THE RESOURCES WE CAN FROM WASTE, BUT THEY GET INTO IT AS
A PART OF THE PROCESS OF THEIR SOLID WASTE MANAGEMENT. I THINK THERE IS
AN IMPORTANT ROLE FOR THE DEPARTMENT OF COMMERCE HERE IN TERMS OF THE
DEVELOPMENT OF THESE SPECIFICATIONS WHICH WOULD IMPROVE THE DIALOG
BETWEEN THE PLANT THAT PRODUCES MATERIALS AND THE POTENTIAL CONSUMERS.
I THINK THAT THERE IS AN IMPORTANT ROLE FOR THE DEPARTMENT OF ENERGY
WITH THEIR ENERGY ORIENTATION, AND PARTICULARLY, AS I SAID, BECAUSE OF
THEIR ABILITY TO SECURE RESOURCES TO MOVE FORWARD THE ADVANCEMENT OF
TECHNOLOTY IN THIS AREA. BUT I THINK THAT IT IS CRITICAL TO EPA'S ROLE
AS BEING RESPONSIBLE FOR THE OVERALL MANAGEMENT OF SOLID WASTE TO
PROTECT THE HEALTH AND ENVIRONMENT AND TO RECOVER THE RESOURCES, AND
BECAUSE OF THE IMPORTANCE OF THE COMMUNITIES AND STATES IN BEING THE
FRONT LINE FOLKS WHO ARE GOING TO IN FACT MAKE THIS HAPPEN, ALONG WITH
PRIVATE ENTERPRISE, FOR THIS PROGRAM EFFORT THAT WE HAVE ORGANIZED HERE
TO MOVE FORWARD.
MR. FLORIO. WELL, THERE IS A REAL QUESTION IN MY MIND AS TO WHETHER
OR NOT THERE IS SOMETHING THAT HAS BEEN ORGANIZED. I WAS INTERESTED IN
WHAT YOU SAID BEFORE ABOUT YOUR RECENT DEVELOPMENT OF GUIDELINES FOR THE
GREATER UTILIZATION OF SLUDGE ON COMPOSTING AND FOR LAND DISPERSAL
PROGRAM.
AS I HAVE INDICATED TO YOU BEFORE, A GRANT WAS GIVEN BY EPA TO THE
CITY OF CAMDEN, IN MY DISTRICT, FOR CONVERTING SLUDGE INTO COMPOSTING.
THE INITIAL PROBLEM WAS THAT SLUDGE COULD NOT BE DUMPED IN THE OCEAN,
AND WE THEREFORE HAD A GREAT STORAGE PROBLEM. THE CITY HAD MONSTROUS
WAREHOUSES OF SLUDGE.
NOW, WITHOUT APPARENTLY SUFFICIENT THOUGHT, A PROGARM NAS BEEN
AUTHORIZED FOR THE TURNING OF SLUDGE INTO COMPOSTING. WE HAVE NOW FOUND
THAT BECAUSE OF THE UNIQUE NATURE OF THE SLUDGE, WHICH HAS ARSENIC,
CADMIUM, AND HEAVY MINERALS IN IT, THAT THE COMPOSTING CAN'T UTILIZE ON
THE LAND BECAUSE IT IS STILL TO OFFENSIVE ENVIRONMENTALLY. NOW WE HAVE
A PROBLEM STORING THE COMPOST THE SAME WAY WE HAD A PROBLEM STORING THE
SLUDGE. NOW GUIDELINES ARE BEING DEVELOPED NOTWITHSTANDING THE FACT
THAT MONEYS HAVE BEEN SPENT IN THE PAST.
LIKEWISE, TO MAKE A SPECIFIC LOCAL REFERENCE AGAIN, ONE HAND DOES NOT
APPEAR TO KNOW WHAT THE OTHER HAND IS DOING. AS YOU KNOW, CANDEN COUNTY
AND CAMDEN CITY WERE GRANTED THE PLANNING MONEYS FOR THE DEVELOPMENT OF
AN APPROPRIATE SOLID WASTE SYSTEM. ON THE OTHER SIDE OF THE COUNTY
LINE, GLOUCESTER COUNTY HAS JUST BEEN GIVEN A GRANT FOR A PARTICULAR
METHODOLOGY.
THAT IS, SOLID WASTE WOULD BE COMBINED WITH SLUDGE IN ORDER TO
DISPOSE OF THE PROBLEM THAT THEY HAVE IN THAT DISTRICT, NOT TAKING INTO
ACCOUNT THAT IT MAY VERY WELL BE THAT THE APPROPRIATE PLANNING WILL
REVEAL FOR CANDEN COUNTY THAT THE CATCHMENT AREA SHOULD NOT BE JUST
CAMDEN COUNTY.
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PERHAPS IT SHOULD BE CAMDEN AND GLOUCESTER COUNTY.
YOU ARE LOCKED INTO ONE TECHNOLOGY IN ONE COUNTY WHEN YOU ARE DOING
THE PLANNING IN ANOTHEF COUNTY, WHICH MAY SHOW THE MOST COST EFFECTIVE
WAY OF DEALING WITH THE PROBLEM IS NOT ON A COUNTY-BY-COUNTY AREA. OF
COURSE, THE OTHER STUDY WAS OUT OF DOE.
I REALLY HAVE SOME SERIOUS PROBLEMS AS TO WHETHER THERE IS A SYSTEM.
YOU HAVE TALKED ABOUT BEING THE LEAD AGENCY AND HAVE EXPRESSED AN
INTEREST IN MAINTAINING THAT POSITION, BUT I HAVE NOT REALLY SEEN ANY
SEMBLANCE OF ORGANIZATION OR COOPERATION OVER THE LAST 3 YEARS. THE
PROCUREMENT EXAMPLE WAS A FINE ONE. THE FELLOW FROM THE DEPARTMENT OF
COMMERCE CAME IN AND SAID THEY GOT INVOLVED NOT TO LONG AGO, THEN SORT
OF WASHES HIS HANDS OF INVOLVEMENT. THAT BEHAVIOR IS NEITHER DESIRABLE
NOR IS IT CONDUCIVE TO BUILDING THE CONFIDENCE OF THIS COMMITTEE AND OF
CONGRESS AS TO WHAT IS GOING ON, PARTICULARLY WHEN WE ARE COMING UP FROM
AUTHORIZATION AND ARE ALSO LOOKING TO PROVIDE YOU WITH MORE MONEY.
MR. MADIGAN'S POINT BEFORE TO THE DEPARMTNET OF COMMERCE, SHOULD,
I THINK, BE EQUALLY DIRECTED TO YOU. WHAT WOULD YOU DO IF WE
GAVE YOU MORE MONEY THEN YOU HAVE EVER REQUESTED? HOW WOULD
YOU SEPARATE THE PRIORITIES? HOW WOULD YOU GIVE US A PLAN WHICH
WOULD INDICATE HOW YOU ARE GOINT TO IMPROVE THE OPERATION OF THE
SOLID WASTE INITIATIVE SO WE CAN HAVE MORE CONFIDENCE IN WHAT YOU
ARE DOING?
MR. PLEHN. I UNDERSTAND YOUR QUESTION AND I CAN CERTAINLY APPRECIATE
THE BASIS FOR IT.
MR. FLORIO. I SUPPOSE IT WASN'T A QUESTION; IT WAS A SPEECH.
MR. PLEHN. JUST TO PICK UP ON YOUR LAST POINT, I THINK THIS AGREEMENT
WHICH WE HAVE WORKED OUT WITH THE DEPARTMENT OF ENERGY IS SPECIFICALLY
DESIGNED TO SOLVE THAT PROBLEM. IT IS FAIR TO SAY THAT LAST YEAR BOTH
WE AND THE DEPARMTNET OF ENERGY HAD WHAT WERE POTENTIALLY CONFLICTING
PROGRAMS IN TERMS OF WORKING WITH THE LOCAL COMMUNITIES, AND AS A RESULT
OF OUR AGREEMENT, THE DEPARTMENT OF ENERGY IS SAYING WE ARE GOINT TO GET
OUT OF THAT, WE ARE NOT GOING TO DO THAT ANY MORE, WE ARE GOING TO LEAVE
THAT TO YOU, EPA.
WE ARE SAYING THAT TO THE EXTENT THAT YOU, DOE, HAVE SPECIFIC
TECHNOLOGY INTERESTS THAT YOU WANT TO PROMOTE, WE WILL HELP YOU GET IN
TOUCH WITH THE RIGHT COMMUNITY FOR DOING THAT. SO I THINK IT IS EXACTLY
THE DEAL WITH THE POINTS YOU HAVE JUST DESCRIBED, THAT THIS AGREEMENT WE
HAVE WORKED OUT WITH THE DEPARTMENT OF ENERGY WILL BE VERY BENEFICIAL.
IT CERTAINLY IS NOT AN EASY MATTER, AND I WOULD NOT WANT TO PRETEND
THAT IT IS, TO COORDINATE THESE PROGRAMS BETWEEN FEDERAL AGENCIES OR
EVEN WITHIN PARTICULAR AGENCIES. WE ALL TRY TO DO THAT THE BEST WE CAN.
I THINK THAT IN THE RESOURCE RECOVERY AREA, THAT WE HAVE AT THIS TIME,
I THINK, REALLY LAID THE VERY STRONG GROUNDWORK TO MAKE THESE PROGRAMS
INTERACT TOGETHER.
PART OF THE PROBLEM WITH THE DEPARTMENT OF COMMERCE, AS MR. BARUCH
SAYS, IS THEY REALLY HAVE NOT HAD THE RESOURCES TO DO VERY MUCH OF
ANYTHING IN THIS AREA UNTIL VERY RECENTLY.
MR. FLORIO. MR. MADIGAN.
MR. MADIGAN. I JUST HAVE ONE OTHER QUESTION AND I AM JUST TRYING TO
UNDERSTAND WHERE THE RESPONSBILITY LIES, IF ANYWHERE, AND IF NOT, WHERE
WE CAN ASSIGN IT.
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I AM PARTICULARLY INTERESTED BECAUSE WE ARE THE TRANSPORTATION
SUBCOMMITTEE AND BECAUSE WE HAVE OTHER RESPONSIBILITIES AS A CONSEQUENCE
OF THAT. I DON'T UNDERSTAND WHY WE DON'T ATTEMPT TO TAKE ADVANTAGE OF
THE DEADHEADING THAT OUR TRANSPORTATION VEHICLES DO.
IF I CAN GIVE YOU A CASE IN POINT, HUNDREDS OF MILLIONS OF TONS OF
GRAINS ARE PROCESSED AT VARIOUS PROCESSING PLANTS IN THE MIDWEST, AND
THEN THAT GRAIN IS HAULED TO SOUTHERN STATES WHERE IT IS FED TO CATTLE,
OR TO GALVESTON WHERE IT IS SHIPPED OUT AT THE PORT, OR TO NEW ORLEANS
WHERE IT IS SHIPPED OUT AT THE PORT.
WHATEVER THE VEHICLE FOR THAT SOUTHERN MOVEMENT IS, IT COMES BACK
NORTH EMPTY, WHETHER IT IS A RAILROAD TRAIN, A BARGE OR OR WHATEVER IT
IS. IT COMES BACK EMPTY BECAUSE THERE ARE NO BOAT COMMODITIES DOWN
THERE TO BE MOVED BACK NORTH, BACK TO THE MIDWEST. I DON'T UNDERSTAND
WHY WE COULD'NT BE HAULING SOLID WASTE OUT OF NEW ORLEANS OR GALVESTON
OR SOMEWHERE ELSO IN THESE VEHICLES WHICH ARE EMPTY.
ANYWAY, BACK TO THESE GRAIN PROCESSING PLANTS, WHICH ARE VERY ENERGY
INTENSIVE, I DON'T UNDERSTAND WHY THINGS LIKE THAT CAN'T BE PUT
TOGETHER, AND I DON'T UNDERSTAND WHY 3 YEARS HAS GONE BY WITHOUT ANYONE
TALKING TO US IN SOLID TERMS ABOUT PROPOSALS TO DO THAT.
NOW, I HAVE JUST ASKED MR. MALLOY WHOSE RESPONSIBILITY IT IS. IS IT
THE DEPARTMENT OF COMMERCE'S OR EPA'S OR WHOSE? HE SUGGESTED TO ME THAT
UNDER THE EXISTING LAW, IT IS EVERYBODY'S RESPONSIBILITY: THE
DEPARTMENT OF COMMERCE IN THE SENSE THAT THEY ARE SUPPOSED TO FIND
MARKETS FOR RECYCLABLE MATERIALS; THAT IT IS YOUR RESPONSIBILITY AND
YOU SHOULD BE CONCERNED WITH FINDING WAYS OF DISPOSING SOLID WASTE.
WHEN DO WE GET IDEAS LIKE THAT? WHO WORKS ON THOSE? AND WHY HAVEN'T WE
ALREADY ONE ON IT?
MR. PLEHN. WELL, EPA HAS BEEN INVOLVED WITH THE RAIL HAUL OF SOLID
WASTE FOR ABOUT 10 YEARS NOW. BACK IN THE LATE 1960'S WE COMMISSIONED A
STUDY BY THE AMERICAN PUBLIC WORKS ASSOCIATION OF THE USE OF RAIL HAUL
BY CITIES TO DEAL WITH THEIR GARBAGE, AND IN THE EARLY 1970'S, 1972, WE
MADE DEMONSTRATION GRANTS TO TWO COMMUNITIES, TO CLEVELAND, OHIO, AND
PHILADELPHIA. CLEVELAND THEN FOR SOME REASON DROPPED OUT AND ATLANTA
BECAME THE SECOND PROJECT.
IN THE CASE OF ATLANTA, THE SOUTHERN RAILROAD, I BELIVE, WAS INVOLVED
AND THE CONTRACT WITH THE RAILROAD EXPIRED BEFORE THE CITY HAD COMPLETED
THE TRANSFER STATION WHICH WAS NEEDED TO MAKE THIS SYSTEM WORK. FOR
THAT AND OTHER REASONS, I AM TOLD, THAT PROJECT DID NOT COME TO
FRUITION.
IN THE CASE OF PHILADELPHIA, THERE WERE ENORMOUS PROBLEMS, INITIALLY,
IN FINDING A RURAL LANDFILL WILLING TO ACCEPT THE WASTE FROM THE CITY OF
PHILADELPHIA. IT WAS REALLY A VERY DIFFICULT PROBLEM, AND THEY
ABANDONED TRYING TO WORK IT OUT BETWEEN THE GOVERNMENT OF PHILADELPHIA
AND RURAL COMMUNITIES, AND INSTEAD TURNED TO THE PRIVATE SECTOR AND
SAID, CAN YOU FIND A LANDFILL, WHICH THEY SUCCEEDED IN DOING.
THAT TEST OPERATED FOR 13 WEEKS LAST YEAR. IT SHOWED THAT IT WORKED.
I THINK THE PROBLEM WAS THAT THE COSTS WERE REALLY PRETTY HIGH. IT CAM
TO ABOUT $15 A TOWN IN THAT INSTANCE, AND THE CITY OF PHILADELPHIA THEN
HAD SOME LESS EXPENSIVE OPTIONS OPEN TO IT IN THE SHORT RUN.
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I THINK THE MAJOR PROBLEMS WITH THE USE OF RAIL HAUL -- AND I WOULD
LIKE TO SAY THERE ARE SYSTEMS IN OPERATION. ONE IS IN OPERATION IN
OMAHA, AND THERE IS ONE IN OPERATION IN LONDON, ENGLAND, AND I AM SURE
THERE ARE OTHERS. BUT THE BASIC PROBLEMS ARE, I THINK, FIRST THE
PROBLEM OF FINDING SITES IN THE RURAL COMMUNITIES WILLING TO ACCEPT
WASTE FROM URBAN AREAS. THAT IS JUST ONE ASPECT OF THE WHOLE SITING
PROBLEM WHICH WE TALKED ABOUT EARLIER.
THE SECOND PROBLEM IS COST, HOW THE ECONOMICS OF THESE THINGS WORK
OUT. THE THIRD PROBLEM, I GUESS, GETS TO THE INTERACTION BETWEEN RAIL
HAUL AS A WAY OF MOVING WASTE FOR DISPOSAL AND RESOURCE RECOVERY,
BECAUSE I THINK IN A LOT OF CASES IT IS GOING TO TURN OUT THAT THE
ECONOMICS OF RESOURCE RECOVERY NEAR THE METROPOLITAN AREA ARE GOING TO
BE BETTER FOR A COMMUNITY THAN MOVING THE WASTE TO A DISTANT LOCATION BY
RAIL.
MR. MADIGAN. BUT YOU UNDERSTAND THAT, UNLIKE THE PHILADELPHIA
EXPERIENCE, WE ARE TALKING HERE ABOUT TRAINS THAT MOVE LOADED FROM RURAL
AREAS SEVERAL HUNDRED MILES INTO MAJOR METROPOLITAN AREAS AND THEN MOVE
BACK, ALWAYS EMPTY. THEY NEVER HAVE ANYTHING TO HAUL BACK. SO THE
ECONOMICS OF THAT ARE PERHAPS DIFFERENT THAN A TRAIN GOING BETWEEN
PLACES WHERE IT OTHERWISE WOULD NOT GO.
MR. PLEHN. I LOOKED INTO THIS SOME YEARS AGO WHEN I WAS AT THE
COUNCIL ON ENVIRONMENTAL QUALITY, WITH REFERENCE TO SLUDGE. I REALLY
ASKED THE SAME QUESTION, WHY COULDN'T TRAINS TAKE SLUDGE ON THE BACKHAUL
FROM THE NORTHEAST TO THE CENTRAL PART OF THE COUNTRY. ONE OF THE
ANSWERS I WAS GIVEN BY THE RAILROADS IS THAT FROM THEIR POINT OF VIEW,
THEY WOULD RATHER TURN THOSE CARS AROUND AND GET THEM BACK FAST. THEY
FEEL THAT THAT IS ECONOMICALLY BETTER THAN TAKING THEM TO ANOTHER POINT,
LOADING THEM, TAKING THEM BACK, UNLOADING, AND THEN BRINGING THEM BACK
AGAIN.
THAT IS A QUESTION I THINK YOU OUGHT TO ASK THE RAILROADS. BUT THAT
WAS SOMEHO A PROBLEM IN THEIR ECONOMICS.
MR. MADIGAN. I DON'T WANT TO BELABOR IT. ID NO WANT TO REEMPHASIZE
WHAT THE CHAIRMAN HAS SAID. EARLIER I ASKED YOU ABOUT YOUR WISH LIST,
AND WE ARE VERY SERIOUS.
MR. PLEHN. YES SIR, I UNDERSTAND THAT, AND WE WILL RESPOND TO THAT.
MR. MADIGAN. ALL RIGHT. THANK YOU VERY MUCH.
MR. FLORIO. THANK YOU VERY MUCH. WE APPRECIATE YOUR HELP.
MRL PLEHN. THANK YOU, MR. CHAIRMAN.
MR. FLORIO. OUR NEXT WITNESS IS MR. BASIL SNIDER, PRESIDENT OF THE
GARDEN STATE PAPER CO., ARLINGTON, VA. MR. SNIDER, WE WELCOME YOU TO THE
COMMITTEE.
MR SNIDER. THANK YOU.
MR. FLORIO. AS INDICATED TO THE PREVIOUS WITNESSES, YOUR ENTIRE
STATEMENT WILL ALSO BE INSERTED IN THE RECORD. WE ASK THAT YOU IDENTIFY
YOUR COLLEAGUE FOR THE RECORD AND PROCEED IN A SUMMARY FASHION.
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MR. SNIDER. THANK YOU, MR. FLORIO. WE WILL BE AS QUICK AND BRIEF AS
POSSIBLE. I THINK THE WAY TO DO THAT, CERTAINLY IN MY CASE, IS TO
QUICKLY READ THE STATEMENT AND GO FROM THERE.
AS YOU HAVE ALREADY SAID, MY NAME IS BASIL SNIDER. I AM THE
PRESIDENT OF GARDEN STATE PAPER CO. I HAVE WITH ME ROBERT DAVIS, WHO IS
THE NATIONAL DIRECTOR OF PROCUREMENT FOR GARDEN STATE'S WASTEPAPER
ACTIVITIES.
WE DO APPRECIATE THIS OPPORTUNITY TO APPEAR BEFORE YOU THIS MORNING,
AND I THINK IT WOULD BE APPROPRIATE IF WE AT LEAST VERY QUICKLY TOLD YOU
WHO WE ARE.
GARDEN STATE PAPER CO. IS THE WORLD'S LARGEST RECYCLER OF USED
NEWSPAPER INTO FRESH NEWSPRINT. WE WERE FOUNDED IN 1960 AND WE
CURRENTLY CONSUME OVER A HALF MILLION TONS OF USED NEWSPAPER PER YEAR AT
TWO WHOLLY OWNED RECYCLING MILLS, ONE IN GARFIELD, N.M., AND ONE IN
POMONA, CALIF. WE HAVE A THIRD JOINT VENTURE MILL WITH FIELD
ENTERPRISES IN ALSIP, ILL. SINCE ACQUIRING GARDEN STATE PAPER CO. IN
1970, MEDIA GENERAL, INC., OUR PARENT COMPANY, HAS FURTHER EXPANDED THE
RECYCLING PROCESS THROUGH A JOINT VENTURE WITH THE MEXICAN GOVERNMENT,
AND 90 PERCENT OF THAT RAW MATERIAL FLOWS FROM OUR COUNTRY BASICALLY
DOWN IN THE SOUTHWEST.
WE ALSO HAVE UNDER CONSTRUCTION ANOTHER JOINT VENTURE WITH
KNIGHT-RIDDER NEWSPAPERS AND COX ENTERPRISES, AND THIS MILL IS IN
DUBLIN, GA. WE EXPECT IT TO COME ONSTREAM THIS SUMMER, AND IT WILL USE
ANOTHER 150,000 TONS OF USED NEWSPAPER.
SO YOU CAN SEE THAT OUR PROCESS IS WIDELY USED AND WILL BE
RESPONSIBLE FOR SOMETHING ON THE ORDER OF THREE-QUARTERS OF A MILLION
TONS OF USED NEWPAPER PER YEAR.
WE PARTICULARLY WANT YOU TO NOTE THAT THIS RAW MATERIAL IS IN FACT A
COMPONENT OF AND IS ACQUIRED THROUGH ACCESS TO THE MUNICIPAL SOLID WASTE
STREAM. WE UNDERLINE THAT PHRASE, MR. CHAIRMAN, "ACCESS TO THE
MUNICIPAL SOLID WASTE STREAM." WE ARE CONCERNED THAT WHAT WE PERCEIVE TO
BE A HEADLONG RUSH TO EMBRACE ENERGY RECOVERY MAY PREEMPT AND FORECLOSE
CONTINUING ACCESS TO MUNICIPAL SOLID WASTE FOR THE RECOVERY OF
RECYCLABLE MATERIALS.
WE ARE CONCERNED THAT URBAN WASTE TO ENERGY DISPOSAL PROGRAMS OF
AGENCIES OF THE FEDERAL GOVERNMENT ARE WEIGHTED HEAVILY IN THAT
DIRECTION. WE ARE CONCERNED THAT THE EMPHASIS TOWARD WASTE TO ENERGY
RECOVERY TECHNOLOGIES TEND TO IGNORE THE COMPATIBILITY OF
MATERIALS/ENERGY RECOVERY SYSTEMS.
THE PROPONENTS OF WASTE-TO-ENERGY RECOVERY TECHNOLOGY TEND TO IGNORE
ALSO THE ENERGY CONSERVATION POTENTIAL OF WASTE MATERIALS RECOVERY
THROUGH SOURCE SEPARATION. OUR COMPANY IS NOT ALONE IN THIS PERCEPTION
OF THE THREAT TO MATERIALS RECOVERY AND RECYCLING WHICH IS POSED BY
ENERGY-RECOVERY-ONLY SYSTEMS. WE REFLECT VIEWS SHARED BY THE AMERICAN
PAPER INSTITUTE, THE CAN MANUFACTURERS INSTITUTE, AND THE GLASS
PACKAGING INSTITUTE. THE VIEWS ARE SUMMARIZED IN A JOINT STATEMENT
WHICH I HAVE WITH ME AND WHICH, WITH YOUR PERMISSION, I WOULD LIKE TO
MAKE A PART OF THE RECORD.
THE BASIS FOR OUR CONCERN IS OUR PERCEPTION OF THE LACK OF OVERALL
DIRECTION AND COORDINATION IN THE FEDERAL GOVERNMENT OF AGENCY PLANS AND
PROGRAMS FOR RESOURCE RECOVERY, CONGRESS HAS MADE IT CLEAR IN ITS
VARIOUS ENACTMENTS THAT MATERIALS AND ENERGY RECOVERY ARE OF EQUAL
NATIONAL CONCERN.
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HOWEVER, AGENCY ADMINISTRATORS APPLY THEIR OWN PRIORITIES BASED UPON
THEIR VIEWS OF HOW BEST TO CARRY OUT THEIR BASIC MISSIONS.
IN THE ENVIRONMENTAL PROTECTION AGENCY, FOR EXAMPLE, THERE HAS BEEN A
SIGNIFICANT SHIFT IN ITS SOLID WASTE PROGRAM. THE WELL-BALANCED
APPROACH TOWARD RESOURCE RECOVERY HAS NOW SHIFTED FOCUS AND HAS ALREADY
BEEN SET TOWARD HAZARDOUS WASTE. THE EPA FISCAL YEAR 1980 SOLID WASTE
BUDGET REQUEST MAKES A DRASTIC REDUCTION IN THE TECHNICAL ASSISTANCE AND
RESOURCE RECOVERY PROGRAMS.
IN EFFECT, EPA HAS REPROGRAMED ITS ENTIRE FUNDING IN THESE AREAS. WE
ARE FULLY AWARE OF THE VITAL IMPORTANCE TO THE ENVIRONMENT AND THE
PUBLIC HEALTH OF ATTACKING THESE PROBLEMS. WE ARE CONCERNED, HOWEVER,
THAT THIS IS BEING DONE AT THE EXPENSE OF RESOURCE RECOVERY PROGRAMS,
WHICH ARE ALSO VITAL TO THE NATION'S ECONOMU.
THE DEPARTMENT OF ENERGY ALLOCATES HUGE SUMS OF MONEYS TO PROGRAMS TO
ENCOURAGE THE DESIGN AND TESTING OF URBAN WASTE TO ENERGY SYSTEMS.
SUBSTANTIAL GRANTS ARE BEING MADE TO MUNICIPALITIES TO STUDY THE
FEASIBILITY OF ENERGY RECOVERY SYTEMS FOR THE CONVERSION OF SOLID
WASTES. WE ARE NOT AWARE OF A SINGLE PROJECT SPONSORED BY THE
DEPARMTNET OF ENERGY WHICH REQUIRES THE GRANT RECIPIENT TO STUDY THE
REASIBILITY OF OPERATING A SOURCE SEPARATION PROGRAM FOR WASTEPAPER AND
OTHER RECYCLABLE MATERIALS AS AN ADJUNCT TO THE ENERGY RECOVERY
FACILITY. WE BELIEVE THIS IS A SERIOUS OMISSION ON THE PART OF DOE'S
APPRAOCH TO THE URBAN WASTE PROGRAM AND IMPLEMENTATION. WE FEEL THE
CONGRESSIONAL INTENT FOR THE BALANCED MATERIALS ENERGY APPROACH TO
ENERGY RECOVERY IS NOT BEING SERVED BY DOE'S ENERGY-RECOVERY-ONLY
EMPHASIS.
WE ARE CONCERNED THAT THE NARROW FOCUS BEING APPLIED BY MISSION
ORIENTED AGENCY ADMINISTRATORS IS DENYING THE NATION A COMPREHENSIVE
APPROACH TO MAXIMIZING ITS VALUABLE WASTE MATERIAL RESOURCES. WHAT IS
NEEDED IS THE KIND OF UNFRAGMENTED COORDINATED PLANNING EFFORT THAT IS
REPRESENTED BY A STUDY WHICH WAS PUBLISHED LAST FALL BY THE DOE OF THE
STATE OF NEW JERSEY.
IT IS KNOWN AS THE NEW JERSEY ENERGY MASTER PLAN. THE STUDY BRINGS
INTO FOCUS THE RESOURCE RECOVERY POTENTIAL OF THE STATE'S PRESENTLY
BURDENSOME SOLID WASTES. THE PLAN CONTEMPLATES 3,400 TONS OF REFUSE PER
DAY, OR AROUND 20 PERCENT OF THE 17,000 TONS OF MUNICIPAL SOLID WASTE
GENERATED, WILL BE SOURCE SEPARATED FOR RECYCLING INTO NEW MATERIALS AND
PRODUCTS, AND THAT 70 PERCENT OF THE MUNICIPAL SOLID WASTE STREAM WILL
BE PROCESSED THROUGH ENERGY RECOVERY FACILITIES. THE REMAINING 10
PERCENT OF THE WASTE STREAM WOULD BE LANDFILLED.
THE PLAN INDICATES THAT THE EQUIVALENT OF OVER 2.2 BILLION
KILOWATT-HOURS COULD BE SAVED ANNUALLY BY THE USE OF RECOVERED MATERIALS
FROM SOLID WASTE WHEN COMPARED TO THE USE OF VIRGIN MATERIALS. THE PLAN
ALSO STATES THAT "WHEN COMBINED WITH THE AMOUNT OF ENERGY PRODUCED FROM
SOLID WASTES, THIS REPRESENTS THE EQUIVALENT OF THE ENTIRE ENERGY NEEDS
OF OVER 1.2 MILLION AVERAGE HOMEOWNERS IN NEW JERSEY FOR AN ENTIRE
YEAR." SIGNIFICANTLY, OF THE PLAN'S ESTIMATED 5.5 BILLION KILOWATT-HOURS
OF ENERGY VALUE ANNUALLY IN NEW JERSEY'S SOLID WASTE, 40 PERCENT IS
ATTRIBUTABLE TO THE ENERGY CONSERVATION VALUE OF RECYCLABLE MATERIALS
RECOVERED THROUGH SOURCE SEPARATION.
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THE ECONOMIC DEVELOPMENT POTENTIAL OF EFFECTIVEL MAACED SOLID WASTES IS
ALSO HIGHLIGHTED IN THE NEW JERSEY PLAN.
THE PLAN MAKES REFERENCE TO A STUDY OF THE PORT AUTHORITY OF NEW YORK
AND NEW JERSEY ENTITLED "INDUSTRIAL DEVELOPMENT FEASIBILITY STUDY." IN
THIS STUDY IT IS CONTEMPLATED THAT A 200-ACRE INTEGRATED INDUSTRIAL
RECYCLING PARK COULD GENERATE 4,000 JOBS THROUGH THE UTILIZATION OF
2,000 TONS OF REFUSE PER DAY FOR THE SEPARATION OF RECYCLABLE MATERIALS
AND THE PRODUCTION OF ENERGY.
WHAT CAN THE GOVERNMENT DO TO HELP IN ACHIEVING THE RESOURCE RECOVERY
OBJECTIVES WHICH ARE UNDENIABLY SOUND? WE BELIEVE THAT ACTIVATION OF
FUNCTIONS ASSIGNED TO THE DEPARTMENT OF COMMERCE BY RCRA COULD PROVIDE A
SOLUTION TO THE NATTOW RESTRAINTS IMPOSED UPON RESOURCE RECOVERY EFFORTS
BY THE ENVIRONMENTAL PROTECTION AGENCY AND THE DEPARTMENT OF ENERGY.
WE BELIEVE THAT THE FAILURE TO PROVIDE FUNDS TO THE DEPARTMENT OF
COMMERCE TO CARRY OUT ITS RESPONSIBILITIES FOR IDENTIFYING AND
DEVELOPING MARKETS FOR RECOVERED MATERIALS REPRESENTS A SERIOUS
IMPEDIMENT TO THE ACHIEVEMENT OF RESOURCE-RECOVERY OBJECTIVES. THE
CONGRESS WIDELY RECOGNIZED, AS STATED IN THE HOUSE REPORT ON RCRA, AND I
QUOTE:
THE STRENGTH OF RECOVERED MATERIALS MARKETS IS THE KEY TO A
SUCCESSFUL RESOURCE RECOVERY PROJECT, WHETHER IT INVOLVES A HIGH
TECHNOLOGY, CAPITAL INTENSIVE WASTE PROCESSING PLANT OR A SOURCE
SEPARATION SCHEME.
THE REPORT STATES FURTHER:
THE DEPARTMENT OF COMMERCE HAS, BECAUSE OF ITS LONGSTANDING
RELATIONSHIP WITH PRIVATE ENTERPRISE, THE CHANNELS OF COMMUNICATION
NECESSARY TO ENCOURAGE GREATER INVOLVEMENT IN RESOURCE RECOVERY AND THE
USE OF RECOVERED MATERIALS.
SO, MR. CHAIRMAN, THE RESOURCES OF THE DEPARTMENT OF COMMERCE ARE
INVLAUABLE TO THE FULFILLMENT OF THE RESOURCE RECOVERY OBJECTIVES OF THE
LAW. ITS DATA GATHERING FACILITIES AND INDUSTRY KNOWLEDGE AND EXPERTISE
CAN, WE BELIEVE, PROVIDE THE BASIS FOR A MORE REALISTIC AND PRACTICAL
APPROACH TO THE DESIGN OF COMPATIBLE MATERIALS/ENERGY RESOURCE RECOVERY
PROGRAMS CONTEMPLATED BY THE LAW.
AN EFFECTIVE DEPARTMENT OF COMMERCE EFFORT IN CARRYING OUT ITS
MARKETING ASSESSMENT FUNCTION UNDER THE LAW IS ESSENTIAL TO THE PROPER
EVALUATION OF THE VIABILITY OF RESOURCE RECOVERY PROGRAMS OF BOTH THE
DOE AND EPA. MARKETING ASSESSMENT STUDIES WOULD HELP MUNICIPALITIES
DETERMINE THE VIABILITY OF SOURCE SEPARATION AND OTHER MATERIALS
RECOVERY PROGRAM PROPOSALS. THEY WOULD ALSO ENCOURAGE DOE TO GIVE
CONSIDERATION IN ITS PLANNING TO THE ADVANTAGES OF COMBINED MATERIALS
AND ENERGY RECOVERY SYSTEMS.
AS STATED IN THE JOINT STATEMENT OF THE PAPER, GLASS, AND CAN
INDUSTRIES, THE BASIC FRAMEWORK OF PUBLIC LAW 94-580 IS SOUND WITH
RESPECT TO THE PROMOTION OF A BALANCED APPROACH TO MATERIALS AND ENERGY
RECOVER. THE WEAKNESS LIES IN ITS IMPLEMENTATION BY VIRTUE OF THE VOID
WHICH IS PERCEIVED TO EXIST IN THE GOVERNMENT'S COORDINATING MECHANISMS.
WE BELIEVE THAT THE ACTIVATION OF THE FUNCTIONS OF THE DOC AND THE
ASSUMPTION BY THE SECRETARY OF A LEADERSHIP ROLE WILL RESULT IN A MORE
COHESIVE PLANNING EFFORT ON THE PART OF THE FEDERAL GOVERNMENT.
WE URGE THAT THE COMMITTEE PROVIDE SPECIFIC AUTHORIZATION LANGUAGE IN
THE RCRA ACT TO ANABLE THE DEPARTMENT OF COMMERCE TO SEEK APPROPRIATIONS
FOR CARRYING OUT ITS IMPORTANT MANDATE UNDER THE LAW.
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WE URGE ALSO THAT THE COMMITTEE MAKE CLEAR IN ITS REPORT THAT THE
SECRETARY OF COMMERCE IS EXPECTED TO SERVE AS THE FOCAL POINT IN THE
EXECUTIVE BRANCH ON ALL MATTERS HAVING TO DO WITH RESOURCE CONSERVATION
AND RECOVERY. THE SECRETARY WOULD BE RESPONSIBLE FOR THE REVIEW AND
COORDINATION OF FEDERAL AGENCY PROGRAMS OR ACTIONS AFFECTING THE
DISPOSAL, USE, AND REGULATION OF RECYCLABLE WASTE MATERIALS.
WITH THAT, I WOULD BE PLEASED TO ANSWER ANY QUESTIONS WHICH THE
COMMITTEE MAY HAVE.
(MR. SNIDER'S PREPARED STATEMENT FOLLOWS:)
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MY NAME IS BASIL SNIDER, JR., AND I AM PRESIDENT OF THE GARDEN STATE
PAPER COMPANY.
I HAVE WITH ME THIS MORNING ROBERT H. DAVIS WHO IS THE DIRECTOR OF
GARDEN STATE'S WASTEPAPER PROCUREMENT ACTIVITIES.
WE APPRECIATE THE OPPORTUNITY TO APPEAR BEFORE YOU THIS MORNING AND
SHARE WITH THE COMMITTEE OUR VIEWS AND CONCERNS ABOUT THE OPERATION OF
THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976. I WILL BEGIN BY
REVIEWING BRIEFLY THE WORK OF OUR COMPANY IN THE RECYCLING OF WASTE
MATERIALS.
GARDEN STATE PAPER COMPANY IS THE WORLD'S LARGEST RECYCLER OF USED
NEWSPAPER INTO FRESH NEWSPRINT. FOUNDED IN 1960, GARDEN STATE PAPER
CURRENTLY CONSUMES OVER 500,000 TONS OF USED NEWSPAPER PER YEAR AT TWO
WHOLLY OWNED RECYCLING MILLS -- GARFIELD, NEW JERSEY AND POMONA,
CALIFORNIA, AND A THIRD JOINT VENTURE MILL WITH FIELD ENTERPRISES IN
ALSIP, ILLINOIS. SINCE ACQUIRING GARDEN STATE PAPER IN 1970, MEDIA
GENERAL, INC. HAS FURTHER EXPANDED THE UNIQUE RECYCLING PROCESS THROUGH
A JOINT VENTURE WITH THE MEXICAN GOVERNMENT -- 90 PERCENT OF RAW
MATERIAL SUPPLY IS FROM THE UNITED STATES -- AND ANOTHER JOINT VENTURE
MILL WITH KNIGHT-RIDDER NEWSPAPERS AND COX ENTERPRISES. THIS LATTER
MILL IS UNDER CONSTRUCTION IN DUBLIN, GEORGIA, AND, WHEN COMPLETED
SOMETIME THIS SUMMER, WILL CONSUME 150,000 TONS OF USED NEWSPAPER
ANNUALLY THAT WILL BE COLLECTED IN SIX SOUTHEASTERN STATES. THUS, THE
GARDEN STATE RECYCLING PROCESS WILL SOON BE RESPONSIBLE FOR RECYCLING
THREE-QUARTERS OF A MILLION TONS OF USED NEWSPAPER PER YEAR. IT IS
NOTEWORTHY THAT THIS VALUABLE INDUSTRIAL RAW MATERIAL IS ACQUIRED
THROUGH ACCESS TO THE MUNICIPAL SOLID WASTE STREAM.
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MR. CHAIRMAN, THE KEY PHRASE IN THIS BRIEF SUMMARY IS "ACCESS TO THE
MUNICIPAL SOLID WASTE STREAM." WE ARE CONCERNED THAT WHAT WE PERCEIVE TO
BE A HEADLONG RUSH TO EMBRACE ENERGY RECOVERY TECHNOLOGY MAY PREEMPT AND
FORECLOSE CONTINUING ACCESS TO MUNICIPAL SOLID WASTE FOR THE RECOVERY OF
RECYCLABLE MATERIALS. WE ARE CONCERNED THAT URBAN WASTE DISPOSAL
PROGRAMS OF AGENCIES OF THE FEDERAL GOVERNMENT ARE WEIGHTED HEAVILY IN
FAVOR OF ENERGY RECOVERY. WE ARE CONCERNED THAT THE EMPHASIS TOWARD
WASTE-TO-ENERGY RECOVERY TECHNOLOGY TENDS TO IGNORE THE COMPATIBILITY OF
MATERIALS/ENERGY RECOVERY SYSTEMS. THE PROPONENTS OF WASTE-TO-ENERGY
RECOVERY TECHNOLOGY TEND TO IGNORE ALSO, THE ENERGY CONSERVATION
POTENTIAL OF WASTE MATERIALS RECOVERY THROUGH SOURCE SEPARATION.
THE GARDEN STATE PAPER COMPANY IS NOT ALONE IN ITS PERCEPTION OF THE
THREAT TO MATERIALS RECOVERY AND RECYCLING WHICH IS POSED BY ENERGY
RECOVERY ONLY SYSTEMS. WE REFLECT VIEWS WHICH ARE SHARED ALSO BY MEMBER
COMPANIES OF THE AMERICAN PAPER INSTITUTE, THE CAN MANUFACTURERS
INSTITUTE AND THE GLASS PACKAGING INSTITUTE. THESE VIEWS ARE SUMMARIZED
IN A JOINT STATEMENT WHICH I HAVE HERE WITH ME. I WOULD APPRECIATE IT
MR. CHAIRMAN, IF YOU WOULD INCLUDE THE STATEMENT IN THE RECORD OF THE
HEARINGS.
THE BASIS FOR OUR CONCERN IS OUR PERCEPTION OF THE LACK OF OVERALL
DIRECTION AND COORDINATION IN THE FEDERAL GOVERNMENT OF AGENCY
PLANS AND PROGRAMS FOR RESOURCE RECOVERY. CONGRESS HAS MADE CLEAR,
IN ITS VARIOUS LEGISLATIVE ENACTMENTS, THAT MATERIALS AND ENERGY
RECOVERY ARE OF EQUAL NATIONAL CONCERN. AGENCY ADMINISTRATORS,
HOWEVER, APPLY THEIR OWN PRIORITIES BASED UPON THEIR VIEWS OF HOW
BEST TO CARRY OUT THE BASIC MISSION OF THE AGENCY.
IN THE ENVIRONMENTAL PROTECTION AGENCY, FOR EXAMPLE, THERE HAS BEEN A
SIGNIFICANT SHIFT IN ITS SOLID WASTE PROGRAM. THE FORMER WELL BALANCED
APPROACH TO RESOURCE RECOVERY HAS GIVEN WAY TO A NEW FOCUS ON HAZARDOUS
WASTE AND LAND DISPOSAL REGULATION. THE EPA FISCAL YEAR 1980 SOLID
WASTE BUDGET REQUEST MAKES DRASTIC REDUCTION IN THE TECHNICAL ASSISTANCE
AND RESOURCE RECOVERY PROGRAMS. IN EFFECT, EPA HAS REPROGRAMMED ITS
FUNDING IN THE SOLID WASTE AREA, AND HAS SHIFTED RESOURCE RECOVERY FUNDS
TO HAZARDOUS WASTE PROGRAMS.
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WE ARE FULLY AWARE OF THE VITAL IMPORTANCE TO THE ENVIRONMENT AND THE
PUBLIC HEALTH OF ATTACKING THE BURGEONING PROBLEMS OF HAZARDOUS WASTE.
WE ARE CONCERNED, HOWEVER, THAT THIS IS BEING DONE AT THE EXPENSE OF
RESOURCE RECOVERY PROGRAMS WHICH TOO ARE VITAL TO THE NATION'S ECONOMU.
THE DEPARTMENT OF ENERGY ALLOCATES HUGE SUMS OF MONEY TO PROGRAMS TO
ENCOURAGE THE DESIGN AND TESTING OF URBAN WASTE-TO-ENERGY SYSTEMS.
SUBSTANTIAL GRANTS ARE BEING MADE TO MUNICIPALITIES TO STUDY THE
FEASIBILITY OF ENERGY RECOVERY SYSTEMS FOR THE CONVERSION OF SOLID
WASTE. WE ARE NOT AWARE OF A SINGLE PROJECT, SPONSORED BY THE
DEPARTMENT OF ENERGY, THAT REQUIRES THE GRANT RECIPIENT TO STUDY THE
FEASIBILITY OF OPERATING A SOURCE SEPARATION PROGRAM FOR WASTEPAPER AND
OTHER RECYCLABLE MATERIALS AS AN ADJUNCT TO THE ENERGY RECOVERY
FACILITY. WE BELIEVE THAT THIS IS A SERIOUS OMISSION IN DOE'S APPROACH
TO URBAN WASTE-TO-ENERGY PROGRAM IMPLEMENTATION. WE FEEL THAT
CONGRESSIONAL INTENT FOR A BALANCED MATERIALS/ENERGY APPROACH TO
RESOURCE RECOVERY IS NOT BEING SERVED BY DOE'S ENERGY RECOVERY ONLY
EMPHASIS.
WE ARE CONCERNED THAT THE NARROW FOCUS BEING APPLIED BY MISSION
ORIENTED AGENCY ADMINISTRATORS IS DENYING THE NATION A COMPREHENSIVE
APPROACH TO MAXIMIZING ITS VALUABLE WASTE MATERIALS RESOURCES. WHAT IS
NEEDED IS THE KIND OF UNFRAGMENTED COORDINATED PLANNING EFFORT THAT IS
REPRESENTED BY A STUDY WHICH WAS PUBLISHED LAST FALL BY THE DEPARTMENT
OF ENERGY OF THE STATE OF NEW JERSEY.
KNOWN AS THE NEW JERSEY ENERGY MASTER PLAN, THE STUDY BRINGS INTO
FOCUS THE RESOURCE RECOVERY POTENTIAL OF THE STATES' PRESENTLY
BURDENSOME SOLID WASTE. THE PLAN CONTEMPLATES THAT 3,400 TONS OF REFUSE
PER DAY, OR 20% OF OVER 17,000 TONS OF MUNICIPAL SOLID WASTE GENERATED
EACH DAY WILL BE SOURCE SEPARATED FOR RECYCLING INTO NEW MATERIALS AND
PRODUCTS; THAT 70% OF THE MUNICIPAL WASTE STREAM WILL BE PROCESSED IN
ENERGY RECOVERY FACILITIES AND THE REMAINING 10% OF THE WASTE STREAM
WILL BE LANDFILLED.
THE PLAN INDICATES THAT THE EQUIVALENT OF OVER 2.2 BILLION KILOWATT
HOURS COULD BE SAVED ANNUALLY BY THE USE OF RECOVERED MATERIALS FROM
SOLID WASTE WHEN COMPARED TO THE USE OF VIRGIN MATERIALS.
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THE PLAN STATES ALSO THAT. . ."WHEN COMBINED WITH THE AMOUNT OF ENERGY
PRODUCED FROM SOLID WASTE, THIS REPRESENTS THE EQUIVALENT OF THE ENTIRE
ELECTRICAL ENERGY NEEDS OF OVER 1.2 MILLION AVERAGE HOMEOWNERS IN NEW
JERSEY FOR AN ENTIRE YEAR." SIGNIFICANTLY, OF THE PLAN'S ESTIMATED N5.5
BILLION KILOWATT HOURS OF ENERGY VALUE ANNUALLY IN NEW JERSEY'S SOLID
WASTE, 40% IS ATTRIBUTABLE TO THE ENERGY CONSERVATION VALUE OF
RECYCLABLE MATERIALS RECOVERED THROUGH SOURCE SEPARATION.
THE ECONOMIC DEVELOPMENT POTENTIAL OF EFFECTIVELY MANAGED SOLID WASTE
IS ALSO HIGHLIGHTED IN THE NEW JERSEY PLAN. THE PLAN MAKES REFERENCE TO
A STUDY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY ENTITLED
"INDUSTRIAL DEVELOPMENT FEASIBILITY STUDY." IN THIS STUDY IT IS
CONTEMPLATED THAT A 200 ACRE INTEGRATED INDUSTRIAL RECYCLING PARK WOULD
GENERATE 4,000 JOBS THROUGH THE UTILIZATION OF 2,000 TONS OF REFUSE PER
DAY FOR THE SEPARATION OF RECYCLABLE MATERIALS AND THE PRODUCTION OF
ENERGY.
WHAT CAN THE GOVERNMENT DO TO HELP IN ACHIEVING THE RESOURCE RECOVERY
OBJECTIVES WHICH ARE UNDENIABLY SOUND?
WE BELIEVE THAT ACTIVATION OF FUNCTIONS ASSIGNED TO THE DEPARTMENT OF
COMMERCE BY THE RESOURCE CONSERVATION AND RECOVERY ACT COULD PROVIDE A
SOLUTION TO THE NARROW RESTRAINTS IMPOSED UPON RESOURCE RECOVERY EFFORTS
BY THE ENVIRONMENTAL PROTECTION AGENCY AND THE DEPARTMENT OF ENERGY. WE
BELIEVE THAT THE FAILURE TO PROVIDE FUNDS TO THE DEPARTMENT OF COMMERCE
TO CARRY OUT ITS RESPONSIBILITIES FOR IDENTIFIYING AND DEVELOPING
MARKETS FOR RECOVERED MATERIALS REPRESENTS A SERIOUS IMPEDIMENT TO THE
ACHIEVEMENT OF RESOURCE RECOVERY OBJECTIVES. THE CONGRESS WISELY
RECOGNIZED, AS STATED IN THE HOUSE REPORT ON RCRA. . ."THE STRENGTH OF
RECOVERED MATERIALS MARKETS IS THE KEY TO A SUCCESSFUL RESOURCE RECOVERY
PROJECT, WHETHER IT INVOLVES A HIGH TECHNOLOGY, CAPITAL INTENSIVE WASTE
PROCESSING PLANT, OR A SOURCE SEPARATION SCHEME." THE REPORT STATES
FURTHER "THE DEPARTMENT OF COMMERCE HAS, BECAUSE OF ITS LONG STANDING
RELATIONSHIP WITH PRIVATE ENTERPRISE, THE CHANNELS OF COMMUNICATION
NECESSARY TO ENCOURGAE GREATER INVOLVEMENT IN RESOURCE RECOVERY AND USE
OF RECOVERED MATERIALS."
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MR. CHAIRMAN, THE RESOURCES OF THE DEPARTMENT OF COMMERCE ARE
INVALUABLE TO THE FULFILLMENT OF THE RESOURCE RECOVERY OBJECTIVES OF THE
LAW. ITS DATA GATHERING FACILITIES AND INDUSTRY KNOWLEDGE AND EXPERTISE
CAN PROVIDE THE BASIS FOR A MORE REALISTIC AND PRACTICAL APPROACH TO THE
DESIGN OF COMPATIBLE MATERIALS/ENERGY RESOURCE RECOVERY PROGRAMS
CONTEMPLATED BY LAW. AN EFFECTIVE DEPARTMENT OF COMMERCE EFFORT IN
CARRYING OUT ITS MARKETING ASSESSMENT FUNCTIONS UNDER THE LAW IS
ESSENTIAL TO THE PROPER EVALUATION OF THE VIABILITY OF RESOURCE RECOVERY
PROGRAMS OF THE DEPARTMENT OF ENERGY AND THE ENVIRONMENTAL PROTECTION
AGENCY. MARKETING ASSESSMENT STUDIES WOULD HELP MUNICIPALITIES
DETERMINE THE VIABILITY OF SOURCE SEPARATION AND OTHER MATERIALS
RECOVERY PROGRAM PROPOSALS. THEY WOULD ALSO ENCOURAGE DOE TO GIVE
CONSIDERATION, IN ITS PLANNING, TO THE ADVANTAGES OF COMBINED MATERIALS
AND ENERGY RECOVERY SYSTEMS.
AS STATED IN THE JOINT STATEMENT OF THE PAPER, GLASS AND CAN
INDUSTRIES, THE BASIC FRAMEWORK OF PUBLIC LAW 94-580 IS SOUND WITH
RESPECT TO THE PORMOTION OF A BALANCED APPROACH TO MATERIALS AND ENERGY
RECOVERY. A WEAKNESS LIES IN ITS IMPLEMENTATION BY VIRTUE OF THE VOID
WHICH IS PERCEIVED TO EXIST IN THE GOVERNMENT'S COORDINATING MECHANISMS.
WE BELIEVE THAT THE ACTIVATION OF FUNCTIONS OF THE DEPARTMENT OF
COMMERCE AND THE ASSUMPTION BY THE SECRETARY OF A LEADERSHIP ROLE WILL
RESULT IN A MORE COHESIVE PLANNING EFFORT ON THE PART OF THE FEDERAL
GOVERNMENT.
MR. CHAIRMAN, WE URGE THAT THE COMMITTEE PROVIDE SPECIFIC
AUTHORIZATION LANGUAGE IN THE RESOURCE CONSERVATION AND RECOVERY ACT TO
ENABLE THE DEPARTMENT OF COMMERCE TO SEEK APPROPRIATIONS FOR CARRY OUT
ITS IMPORTANT MANDATE UNDER THE LAW. WE URGE ALSO THAT THE COMMITTEE
MAKE CLEAR IN ITS REPORT THAT THE SECRETARY OF COMMERCE IS EXPECTED TO
SERVE AS THE FOCAL POINT IN THE EXECUTIVE BRANCH ON ALL MATTERS HAVING
TO DO WITH RESOURCE CONSERVATION AND RECOVERY. THE SECRETARY WOULD BE
RESPONSIBLE FOR THE REVIEW AND COORDINATION OF FEDERAL AGENCY PROGRAMS
OR ACTIONS AFFECTING THE DISPOSAL, USE AND REGULATION OF RECYCLABLE
WASTE MATERIALS.
I WILL BE PLEASED TO ANSWER ANY QUESTIONS WHICH THE COMMITTEE MAY
HAVE.
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MR. FLORIO. THANK YOU VERY MUCH.
MR. MADIGAN. IF I CAN QUOTE FROM YOUR STATEMENT, ACTIVATION OF
FUNCTIONS ASSIGNED TO THE DEPARTMENT OF COMMERCE BY RCRA COULD PROVIDE A
SOLUTION TO THE NARROW RESTRAINTS IMPOSED UPON RESOURCE RECOVERY EFFORTS
BY EPA AND THE DEPARTMENT OF ENERGY. WOULD YOU ELABORATE ON THESE
NARROW RESTRAINTS THAT YOU FEEL THESE TWO OTHER AGENCIES HAVE IMPOSED?
MR. SNIDER. FIRST OF ALL, I THINK, AS HAS BEEN SAID BY PREVIOUS
WITNESSES, EACH IN THEIR OWN WAY, AND WE HAVE NOT, OF COURSE, HEARD FROM
THE DEPARTMENT OF ENERGY THIS MORNING, BUT EACH IN THEIR OWN WAY IS
WORKING DILIGENTLY ON THE TASK AS THEY PERCEIVE IT.
THEY ARE, HOWEVER, IN THE CASE OF EPA, AND OF NECESSITY THEY PUT
GREAT EMPHASIS ON THE POSSIBLE HAZARDOUS ASPECTS OF THE WASTE. THE
DISPOSAL ASPECTS OF SOMETHING RELATIVELY SIMPLE, AS MR. FLORIO HAS
POINTED OUT, THE SLUDGE, IF YOU WILL, FROM A MUNICIPALITY, CAN OFTEN BE
FOUND TO BE HIGHLY HAZARDOUS UNDER THE EPA REGULATIONS.
AS A CONSEQUENCE, THE FOCUS THEN TENDS TO SHIFT RATHER QUICKLY TOWARD
THE NATURE OF THAT MATERIAL. THE ECONOMICS OF THE ENTIRE SITUATION ARE
NOT ALWAYS GIVEN FULL CONSIDERATION. AND AGAIN, WE HAVE HAD MR. FLORIO
CITE A CLASSIC EXAMPLE.
ON THE OTHER HAND, THE DEPARTMENT OF ENERGY -- AND AGAIN, RIGHTLY SO
-- IS TRYING TO HELP THIS COUNTRY SOLVE ITS ENERGY PROBLEM, WHICH IS A
VERY SEVERE PROBLEM, AND WE MUST AND SHOULD DERIVE ENERGY FROM OUR SOLID
WASTE.
NOW, THE CASE HAS BEEN CITED HERE WHAT HAPPENS IN EUROPE. YOU HAVE
THE STRONG ECONOMIC INCENTIVE ON THE PART OF PEOPLE WHO ARE RESOURCE SHY
TO CONCENTRATE ON THAT KIND OF THING, AND THEY HAVE BEEN QUITE
SUCCESSFUL. AND I PREDICT THAT WE IN THIS COUNTRY WILL BE GIVEN THE
ECONOMIC INCENTIVES TO DO SO.
BUT YOU HAVE MISSION ORIENTATIONS, STRONG MISSION ORIENTATIONS.
THERE IS NOT A THING WRONG WITH THAT, BUT OFTEN THE OVERALL ECONOMICS,
AND EVEN THE LOGISTICS WHICH YOU JUST CITED, ARE NOT GIVEN PROPER
CONSIDERATION.
WE WOULD PROPOSE THAT IF THERE WERE AN AGENCY -- AND PERHAPS THIS
INTERAGENCY GROUP, WHICH I HAVE REALLY JUST LEARNED OF THIS MORNING,
THIS COORDINATING GROUP -- PERHAPS OUT OF THAT, AT LEAST WITH A STRONG
LEADER, COULD COME THE KIND OF OVERVIEW TO COORDINATE THE KIND OF
EFFORTS WHICH WE PERCEIVE TO BE QUITE GOOD IN ALL OF THE AGENCIES.
NOW, THE DEPARTMENT OF COMMERCE, HOWEVER, AS I UNDERSTAND IT, HAS
CERTAINLY BEEN UNDERFINANCED IN THIS AREA, AND IT CANNOT BRING TO BEAR
SOME OF THE TECHNICAL EXPERTISE WHICH DOES IN FACT EXIST THERE IN THE
FORM OF SOME OF THE TESTIMONY DR. BARUCH GAVE EARLIER.
MR. MADIGAN. WE ARE NOT AWARE OF THEIR EVER ASKING FOR ANY MONEY.
MR. SNIDER. WELL, THEY SHOULD, AND WE PROPOSE THAT THEY DO AND WE
PROPOSE THAT YOU GENTLEMEN EXAMINE THAT.
MR. MADIGAN. ARE YOU SUGGESTING OR WOULD YOU SUGGEST THAT WE AS THE
LEGISLATIVE BODY SHOULD MAKE SOME CHANGES IN THE LAW SPECIFYING WHERE WE
THINK GREATER EMPHASIS NEEDS TO BE PUT BY THE DEPARTMENT OF ENERGY AND
THE EPA?
MR. SNIDER. WHAT WE ARE PROPOSING IS, AGAIN, UNDERLINING THE WORD
"COORDINATING." PERHAPS I AM NOT SURE I HEARD YOUR QUESTION CORRECTLY,
MR. MADIGAN.
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BUT THE KEY WORD IS OBVIOUSLY "COORDINATING," AND IT IS OBVIOUS THAT YOU
GENTLEMEN PERCEIVE THIS PROBLEM THROUGH THE QUESTIONING THAT I HAVE JUST
HEARD OF THE OTHER WITNESSES.
THERE IS A LACK OF COORDINATION. ALL THREE DEPARTMENTS, IT HAS BEEN
SAID, I BELIEVE, BY YOUR COUNSEL, ARE RESPONSIBLE. YOU CANNOT HAVE THAT
AND HAVE AN EFFECTIVE PROGRAM BECAUSE THEY ARE INTERWOVEN. THERE IS
ENERGY IN THE MUNICIPAL SOLID WASTE STREAMS. THERE ARE RECOVERABLE
RESOURCES WHICH ARE NOT BEING FULLY RECOVERED. THERE IS A HAZARD IN THE
WAY SOLID WASTE CAN AND HAS BEEN HANDLED. HOWEVER, THERE IS THE
CHALLENGE TO COORDINATE THAT OVERALL WASTE PROBLEM THAT EXISTS IN THIS
COUNTRY IN SUCH A WAY THAT WE WILL MAXIMIZE THE ECONOMICS FROM IT, WHICH
EMBRACES, OF COURSE, MATERIAL AND ENERGY AS WELL AS PROTECTING OUR
ENVIRONMENT.
MR. MADIGAN. I HAVE NO OTHER QUESTIONS. THANY YOU, MR. CHAIRMAN.
MR. FLORIO. MR. SANTINI.
MR. SANTINI. I READ YOUR STATEMENT AND THOUGH IT WAS A WELL
CONSIDERED AND THOUGH OUT STATEMENT IN VIEW OF THE MAGNITUDE OF THE
PROBLEM YOU ARE AEDRESSING. I WONDER, AS I VIEW ON PAGE 5 YOUR
CONCLUSION:
WE ALSO URGE THAT THE COMMITTEE MAKE IT CLEAR IN ITS REPORT THAT THE
SECRETARY OF COMMERCE IS EXPECTED TO BE THE FOCAL POINT IN THE EXECUTIVE
BRANCH ON ALL MATTERS DEALING WITH RESOURCE CONSERVATION AND RECOVERY.
IF YOU HAVE ANY REALISTIC BASIS TO BELIEVE THAT A RECOMMENDATION OF
THAT NATURE WOULD BE SUCCESSFUL OR POSITIVELY RECEIVED ON THE
ADMINISTRATIVE SIDE OF THIS DECISIONMAKING.
MR. SNIDER. I CAN'T HONESTLY SAY THAT I HAVE ANY, IF YOU WILL, INSIDE
INFORMATION THAT IT WOULD BE ACCEPTED. I HEARD ONE OF THE EARLIER
WITNESSES HERE, AND I THINK THIS IS A PROBLEM OF MANAGEMENT OF
GOVERNMENT AND MANAGEMENT OF BUSINESS. WE MAKE JUDGMENTS ON 2HO IS THE
BEST LEADER, IF YOU WILL, IN A GIVEN SITUATION.
I THINK WHAT WE ARE PROPOSING AS A MECHANISM IS, DEPARTMENTALLY AS WE
PERCEIVE IT IN THE FEDERAL GOVERNMENT ORGANIZATION, FROM AN INDUSTRY
POINT OF VIEW -- AND AFTER ALL, IN THE FINAL ANALYSIS IT WILL BE THE
PRIVATE INDUSTRY. ONE OF MY FRIENDS SAYS: I USED TO BE A JUNK DEALER
AND NOW I AM A RECYCLER. WHETHER IT IS A SMALL BUSINESSMAN OR A LARGER
COMPANY SUCH AS OURS, THERE WILL HAVE TO BE THE COORDINATION AND INPUT
AND PERCEPTION ON THE PART OF PEOPLE SUCH AS US THAT THERE IS A PROFIT
TO BE MADE, AND AT THE SAME TIME TO ASSIST IN THE SOLUTION OF A VERY
REAL PROBLEM.
AS TO WHETHER THE LEADERSHIP, AND THIS PROPOSAL, THEREFORE, WOULD BE
ACCEPTABLE TO THE ADMINISTRATION, I HAVE NO INSIDE INFORMATION AS TO
WHETHER IT WOULD OR WOULD NOT. WE MERELY PERCEIVE THAT IT COULD BE AN
EFFECTIVE COORDINATING AGENCY IF IT IS PROPERLY FUNDED. AS MR. MADIGAN
SAYS, THEY HAVE NOT ASKED FOR IT, BUT WE WOULD ENCOURAGE YOU GENTLEMEN
TO DIRECT THAT FUNDING.
MR. SANTINI. AT YOUR PRIVATE OR REPRESENTATIVE JUDGMENT IS THAT THE
AGENCY BEST ABLE TO IMPLEMENT THE SWEEPING EXPECTATIONS ABOUT THIS LAW
WOULD BE THE COMMERCE DEPARTMENT VERSUS THE ENVIRONMENTAL PROTECTION
AGENCY, FOR EXAMPLE?
MR. SNIDER. THAT IS WHAT WE ARE SAYING. THAT IS RIGHT. WE THINK
THAT THE EPA, BY LAW AND BY DIRECTION AND BY EXPERTISE, IS AIMED MORE
NARROWLY INTO THE ENVIRONMENT, IF YOU WILL. WE THINK THE DEPARTMENT OF
ENERGY IS AIMED AS THE TITLE SUGGESTS.
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WY CAN THERE NOT BE, BECAUSE THERE IS A COMMERCIAL ASPECT TO THE
MUNICIPAL SOLID WASTE STREAM, THE DEPARMTNET OF COMMERCE, WHOSE NAME,
AGAIN, IMPLIES THAT THIS PROBLEM CAN BE DEALT WITH ON A BROAD BASIS FROM
A COMMERCIAL POINT OF VIEW, WHICH WOULD, THEREFORE, BE FOR THE BEST OF
THE COUNTRY AND THE BUSINESSES INVOLVED?
MR. SANTINI. I THINK THERE IS MERIT TO WHAT YOU SUGGEST, HOWEVER, IT
CONFLICTS WITH THE FACT THAT THE ENVIRONMENTAL PROTECTION AGENCY HAS
BEEN FAR MORE AGGRESSIVE IN PURSUING ITS LEGISLATIVE MANDATE IN THE
CONTEXT OF THESE THREE OBJECTIVES WE ARE PURSUING THAN EITHER OF THE TWO
OTHER AGENCIES.
ENERGY IS STILL TRYING TO FIGURE OUT WHERE ITS OFFICE BUILDING IS
LOCATED. COMMERCE, QUITE CANDIDLY, HAS SIMPLY PLACED IT IN SUCH A LOW
PRIORITY -- AS EVIDENCED BY THE NONEXISTENT BUDGET AND FUNDS ALLOCATED
FOR IT -- THAT THEY OBVIOUSLY DON'T REGARD IT A MATTER OF NATIONAL
PRIORITY INTEREST IN TERMS OF THEIR AGENCY'S OPERATION.
IT SEEMS TO ME INHERENTLY SELF-DEAFEATING TO RECOMMEND THAT AN AGENCY
THAT HAS ALREADY ASSIGNED IT A DEATH KNELL STATUS TAKE OVER THE
IMPLEMENTATION OF IT. I CERTAINLY AGREE WITH THE OBSERVATIONS YOU AND
OTHER WITNESSES HAVE MADE BEFORE THE COMMITTEE. THERE IS A BREAKDOWN IN
COORDINATION. THERE IS, AS THE CHAIRMAN CHARACTERIZED IT, A SITUATION
IN WHICH THE LEFT HAND DOESN'T KNOW WHAT THE RIGHT HAND IS DOING.
I AM JUST A LITTLE BEMUSED AND BEWILDERED AS TO HOW THIS COMMITTEE
COULD PROVIDE ANY RECTIFICATION OF THAT OBVIOUS DILEMMA. IT IS THERE.
HOW COULD THIS COMMITTEE ALSO HAVE AN OBJECTIVE DEPARTMENT LIKE THE
DEPARTMENT OF STATE COMING IN AND TAKING IT OVER?
MR. FLORIO. IF THE GENTLEMAN WOULD YIELD, I THINK IT MIGHT BE
IMPORTANT TO HAVE THE DEPARTMENT OF STATE INVOLVED. I HAVE NOTED FROM
OTHER EARLIER WITNESSES THAT IT HAS TAKEN 3 YEARS TO OBTAIN INTERAGENCY
AGREEMENTS, AND SINCE MR. BEGIN AND MR. SADAT DIDN'T TAKE THAT LONG TO
COME TO AN AGREEMENT, PERHAPS THE DEPARTMENT OF STATE MIGHT BE BETTER
ABLE TO FACILITATE THE NEGOTIATIONS WHICH TAKE PLACE BETWEEN THE
AGENCIES.
MR. SANTINI. WITH THAT OBSERVATION, HYPERBOLE OR NO, WE ARE REALLY UP
AGAINST CONFLICTING MISSION SITUATIONS. COMMERCE HAS ITS OWN MISSION,
EPA HAS ITS MISSION, ENERGY IS STILL DEFINING ITS MISSION, AND I DON'T
KNOW THAT THIS COMMITTEE BY RECOMMENDATION COULD WAVE THE MAGIC WAND
THAT WOULD PRODUCE THE DESIRED BALANCED IMPLEMENTATION YOU ARE REACHING
FOR. I JUST SHARE MY STRUGGLE, MY ANALYTICAL STRUGGLE, WITH YOU BECAUSE
I DON'T KNOW WHAT THE DEVIL TO DO.
MR. SNIDER. WE DO UNDERSTAND. IN FACT, WE KNOW THAT MADAM KREPS HAS
RESPONDED FAVORABLE TO SOME LETTERS REQUESTING THAT THE DEPARTMENT OF
COMMERCE TAKE A MORE ACTIVE ROLE. WE ALSO UNDERSTAND THAT THERE HAVE
BEEN PAST REQUESTS FOR FUNDS THROUGH THE OMB AND THAT THEY HAVE BEEN
DENIED. AGAIN, I WOULD PERHAPS SAY TO YOU GENTLEMEN THAT I PERCEIVE
THAT YOU HAVE THE POWER TO INVESTIGATE THOSE TWO FACTS AND TO DETERMINE
IF, IN FACT, THERE IS MORE DESIRE ON THE PART OF THE DEPARTMENT OF
COMMERCE THAN THAT WHICH IS PERCEIVED HERE THIS MORNING.
MR. SANTINI. THANK YOU, MR. SNIDER, FOR YOUR TESTIMONY.
MR. SNIDER. THANK YOU.
MR. FLORIO. MR SNIDER, LET ME JUST CONCLUDE BY SAYING IT IS THE
INTENTION OF THE CHAIRMAN, I THINK WITH THE CONCURRENCE OF THE
SUBCOMMITTEE, TO REEMPHASIZE THE RESOURCE RECOVERY COMPONENT OF THE
TOTAL PROBLEM, AS HAS BEEN INDICATED BY A NUMBER OF WITNESSES.
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/1/ THE NATIONAL ASSOCIATION OF COUNTIES (NACO) WAS FOUNDED IN 1935
AS THE NATIONAL SPOKESMAN FOR COUNTIES, TO SERVE AS A LIAISON BETWEEN
COUNTY GOVERNMENTS AND OTHER LEVELS OF GOVERNMENT AND TO IMPROVE THE
UNDERSTANDING OF THE ROLE OF COUNTIES IN THE FEDERAL SYSTEM.
EPA LEGITIMATELY REGARDS ITS PRIMARY MISSION AS THE PUBLIC HEALTH ASPECT
OF SOLID WASTE DISPOSAL CONSIDERATIONS; DOE, ENERGYWISE.
THE DEPARTMENT OF COMMERCE SHOULD BE THE AGENCY THAT DEALS WITH
RECYCLING AND PUTTING THE PRIVATE SECTOR INTO THE EQUATION AT A MUCH
GREATER EXTENT. I THINK THERE IS A NEED FOR A GREATER DEGREE OF
BALANCE. IT IS VERY EASY TO WALLOW AROUND IN FRUSTRATION. WE ALL FEEL
UNCONVINCED THAT WHAT THE GOVERNMENT HAS DONE UNDER THIS LAW OVER THE
LAST 2 OR 3 YEARS HAS BEEN VERY PRODUCTIVE, WITH THE EXCEPTION, IN MY
OPINION, OF THE HAZARDOUS WASTE AREA.
BUT YOU CAN REST ASSURED THAT SINCE EPA IS THE LEAD AGENCY, WE ARE
GOING TO VERY DRAMATICALLY, AND PERHPAS VERY PUBLICLY, BE POINTING OUT
TO THEM SOME OF THE SILLINESS THAT TAKES PLACE FROM TIME TO TIME. WE
HOPE, THAT THIS WILL INDUCE THEM TO PULL THEMSELVES TOGETHER AND PLAY A
MORE EFFECTIVE ROLE AS THE LEAD AGENCY, PARTICULARLY IN BRINGING IN THE
OTHER TWO AGENCIES TO PLAY AN APPROPRIATE COORDINATED ROLE.
I JUST WANTED TO LET YOU AND EVERYONE ELSE KNOW THAT THIS COMMITTEE
IS GOING TO BE IN A MUCH MORE UP-FRONT POSITION IN TRYING TO EMPHASIZE
TO THE COUNTRY THE IMPORTANCE FOR DOING SOMETHING IN THIS AREA, AND
PERHAPS MAKE IT A MUCH MORE VISIBLE ISSUE THAN IT HAS BEEN IN THE PAST.
WE APPRECIATE YOUR COOPERATION AND YOUR THOUGHTS THIS MORNING. AND
WE ALSO LOOK FORWARD TO WORKING WITH OTHER PARTS OF THE PRIVATE SECTOR
IN TRYING TO PLACE THEM INTO THE EQUATION WHERE APPROPRIATE.
THANK YOU VERY MUCH. WE APPRECIATE YOUR HELP
MR. SNIDER. THANK YOU, GENTLEMEN.
MR. FLORIO. OUR NEXT WITNESS IS MS. SONIA JOHANNSEN, SUPERVISOR OF
BLACK HAWK COUNTY, IOWA, ON BEHALF OF THE NATIONAL ASSOCIATION OF
COUNTIES. WE WELCOME YOU TO THE COMMITTEE AS INDICATED, YOUR STATEMENT
WILL BE MADE A PART OF THE RECORD, AND WE WOULD APPRECIATE YOUR GOING
FORWARD IN SUMMARY FASHION.
MS. JOHANNSEN. THANK YOU AND GOOD MORNING. THE NATIONAL ASSOCIATION
OF COUNTIES /1/ APPRECIATES THE OPPORTUNITY TO RESPENT OUR VIEWS ON THE
RESOURCE RECOVERY AND CONSERVATION ACT OF 1976, AND WE VERY MUCH THANK
THE SUBCOMMITTEE FOR CONDUCTING THESE HEARINGS.
AMERICAN COUNTIES ARE THE MAIN PROVIDERS OF SOLID WASTE MANAGEMENT
SERVICES. IN FACT, A 1975 SURVEY OF COUNTY GOVERMNENT FUNCTIONS
INDICATED THAT OVER 70 PERCENT OF REPORTING COUNTIES ARE RESPONSIBLE FOR
THE DISPOSAL OF SOLID WASTE. OF EVEN GREATER SIGNIFICANCE IS THE FACT
THAT DURING THE LAST DECADE COUNTIES HAVE ASSUMED 75 PERCENT OF ALL
TRANSFERS OF THE SOLID WASTE FUNCTION FROM MUNICIPAL GOVERNMENTS. THE
COUNTY ROLE, WHICH HAS BEEN LARGE, CONTINUES TO GROW.
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OUR CONCERN WITH THE FUTURE OF THE RESOURCE CONSERVATION AND RECOVERY
ACT, AND INDEED WITH THE FUTURE OF ALL SOLID WASTE MANAGEMENT ISSUES,
COULD NOT BE CLEARER. NACO VIGOROUSLY SUPPORTED THE ENACTMENT OF THE
1976 ACT AND WE CONTINUE TO SUPPORT ITS CONCEPTS. HOWEVER, WE HAVE
SERIOUS PROBLEMS WITH THE DIRECTION IN WHICH FEDERAL SOLID WASTE AND
RESOURCE RECOVERY EFFORTS ARE GOING.
NACO ORIGINALLY SUPPORTED PASSAGE OF THE 1976 ACT WITH THE
UNDERSTANDING THAT IT WOULD NOT BECOME MERELY AN EFFORT IN STATE
PLANNING. IRIGINALLY, AND EVEN MORE SO TODAY, WE VELT THAT THE
PROVISIONS OF SUBTITLE D WOULD BE IMPLEMENTATION ORIENTED.
SPECIFICALLY, THE DUMP CLOSING STANDARDS AND THE PLANNING REQUIREMENTS
WERE VIEWED AS NECESSARY TO INSURE NATIONWIDE UNIFORMITY AND SO AS TO
NOT FAVOR ONE COMMUNITY OVER ANOTHER. HOWEVER, WE ALSO ANTICIPATED
ADEQUATE RESOURCES TO MEET THIS STANDARD. THE ALLOCATION OF RESOURCES
AWAY FROM COUNTIES AND TO THE STATES AND FROM SOLID WASTE INTO HAZARDOUS
WASTE MANAGEMENT HAS IMPOSED ON COUNTIES, AND IN PARTICULAR RURAL
COUNTIES, FEDERAL STANDARDS AND ALLOWED FEW RESOURCES TO ACHIEVE THE
STANDARD.
THE DUMP-CLOSING MANDATE MAY PROVE ESPECIALLY BURDENSOME TO COUNTIES
WHICH MUST CLOSE AND MAINTAIN DUMPS WHICH MAY CONTAIN HAZARDOUS WASTE.
IF THE SANITARY LANDFILL CRITERIA ARE PROMULGATED AS PROPOSED, WE
ANTICIPATE IMMENSE COSTS IMPOSED ALMOST OVERNIGHT FOR INSTALLATION OF
LEACHATE COLLECTION AND TREATMENT SYSTEMS, MONITORING WELLS, GAS
MIGRATION AND VENTING CONTROLS AND OTHER SAFEGUARDS. IF THE REGULATIONS
ARE TO APPLY EQUALLY TO RURAL AND URBAN COUNTIES, AT 1-TON-PER-DAY AND
1,000-TONS-PER-DAY LANDFILLS, THEN THE RURAL COUNTIES NEED ASSISTANCE.
WHILE ASSISTANCE FOR IMPLEMENTING THE ACT IS CLEARLY NECESSARY, WE
FEEL THAT IMPLEMENTATION SHOULD BE CLOSELY LINKED WITH PLANNING.
HOWEVER, WE ARE DISAPPOINTED WITH THE ACTIVITY OF BOTH THE STATES AND
EPA IN THIS AREA.
SUBTITLE D AS APPROVED GY THE CONGRESS IN 1976 WAS BASED ON THE
PREMISE THAT THE ACTIVITITES OF LOCAL AND STATE GOVERNMENTS SHOULD BE
IMPLEMENTATION ORIENTED. THE PROCESS FOR DESIGNATING SOLID WASTE
PLANNING AGENCIES AT THE LOCAL LEVEL HAS BEEN LESS THAN SATISFACTORY AND
THE PREPARATION OF PLANS HAS BEEN HAMPERED BY EPA'S FAILURE TO
PROMULGATE SOLID WASTE PLANNING GUIDELINES.
THE LOCAL PLANNING AGENCY DESIGNATION PROCESS HAS BROUGHT SOME
INTERESTING RESULTS. ALTHOUGH 8 STATES HAVE NEGLECTED TO IDENTIFY ANY
LOCAL AGENCY, 32 STATES HAVE PLACED THIS RESPONSIBILITY EITHER WITH A
STATE OR SUBSTATE REGIONAL AGENCY OR SOME COMBINATION OF THE TWO. IN
EIGHT STATES, COUNTIES OR SUBSTATE AGENCIES WILL HANDLE THE PLANNING.
AND IN ONLY EIGHT STATES WILL COUNTIES ALONE HAVE THE AUTHORITY TO PLAN
FOR SOLID WASTE MANAGEMENT.
BY CONTRAST, IN 28 STATES EITHER COUNTIES OR JOINT COUNTY-CITY
AGENCIES WILL IMPLEMENT THE LOCAL PLANS. WE QUESTION THE WISDOM
OF HAVING SUBSTATE REGIONAL AGENCIES PREPARE PLANS THAT COUNTIES
WILL ULTIMATELY HAVE TO IMPLEMENT.
ONE OF THE REASONS WE QUESTION THIS, MR. CHAIRMAN, IS BECAUSE OF THE
PUBLIC PARTICIPATION REQUIREMENTS THAT WE HAVE FOUND IN THE REGULATIONS.
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IN OUR PARTICULAR COUNTY, THIS IS GOING TO SEEMINGLY DEVISE AN ADVISORY
GROUP OF SOME 200 MEMBERS FOR A SIX-COUNTY REGION, AND IT IS GOING TO BE
JUST A LITTLE UNWIELDY TO HANDLE.
IT ALMOST GOES WITHOUT SAYING, MR. CHAIRMAN, THAT THOSE LOCAL
GOVERNMENTS WHICH WILL IMPLEMENT SOLID WASTE PLANS ARE BEST SITUATED TO
DO REALISTIC PLANNING.
IN MANY STATES, THE DESIGNATION OF STATE OR REGIONAL AGENCIES WAS
MADE BY THE STATE GOVERNMENT WITHOUT THE AGREEMENT OF OR CONSULTATION
WITH COUNTY OR OTHER LOCAL ELECTED OFFICIALS.
IT ALMOST GOES WITHOUT SAYING, MR. CHAIRMAN, THAT THOSE LOCAL
GOVERNMENTS WHICH WILL IMPLEMENT SOLID WASTE PLANS ARE BEST SITUATED TO
DO REALISTIC PLANNING. IN 28 STATES EITHER COUNTIES OR JOINT
CITY-COUNTY AGENCIES WILL BE RESPONSIBLE FOR IMPLEMENTING SOLID WASTE
PLANS. BY IMPLEMENTATION WE MEAN THE ADMINISTRATION OF COLLECTION,
DISPOSAL, SITING OF SANITARY LANDFILLS, RESOURCE RECOVERY, AND OTHER
ACTIONS TO MEET FEDERAL REGULATIONS. REGARDLESS OF THE AGENCY
DESIGNATED FOR PLANNING, IT SHOULD ONLY BE DONE WITH THE FULL AGREEMENT
OF THE IMPLEMENTING BODIES, WHICH IN MOST CASES MEANS COUNTIES, AND
OTHER LOCAL ELECTED OFFICIALS.
WE RECOMMEND, MR. CHAIRMAN, THAT FIRST, WHERE LOCAL ELECTED OFFICIALS
WERE NOT AFFORDED THE OPPORTUNITY TO DETERMINE THE APPROPRIATE PLANNING
AGENCY, THAT A REDESIGNATION PERIOD BE AUTHORIZED. SECOND, EPA SHOULD
PROCEED IMMEDIATELY TO ISSUE PLANNING REGULATIONS WHICH ARE DIRECTED TO
THE EXPEDITIOUS PREPARATION OF MANAGEMENT PLANS WHICH CAN SUCCESSFULLY
BE IMPLEMENTED. FINALLY, EMPHASIS SHOULD BE SHIFTED DURING FISCAL 1980
TOWARD FUNDING LOCAL GOVERNMENT PLAN PREPARATION AND IMPLEMENTATION.
IN THE 1980 BUDGET REQUEST, EPA HAS CALLED FOR A 33-PERCENT REDUCTION
IN STATE PLANNING ASSISTANCE TO $10 MILLION AND A GRADUAL PHASEOUT OVER
5 YEARS. AT THE SAME TIME THE BUDGET REQUEST WAS SENT TO CAPITOL HILL,
A LETTER WENT OUT TO ALL THE STATES FROM EPA WHICH SIGNALLED THE END OF
THE LOCAL PLANNING PROCESS EVEN BEFORE IT GOT UNDERWAY. ASSISTANT
ADMINISTRATOR JORLING LIMITED PASSTHROUGH FUNDS IN 1980 AND 1981 TO
ASSISTING THE STATE WITH THE OPEN DUMP INVENTORY. AFTER 1981 COUNTIES
ARE DEPENDENT ON STATE RESOURCES WHERE THE STATE IS COMMITTED TO LOCAL
PLANNING. OTHERWISE THE COUNTY IS ON ITS OWN TO PLAN AND IMPLEMENT
SOLID WASTE SYSTEMS. WITHOUT THE INITIAL PLANNING GRANTS, WE DOUBT THE
INTENT OF THE ACT WILL EVER BE ACHIEVED.
WHILE WE SUPPORT INCREASED FUNDING FOR HAZARDOUS WASTE MANAGEMENT, WE
ARE CONCERNED WITH THE SHIFT AWAY FROM SOLID WASTE MANAGEMENT WHICH
FLIES IN THE FACE OF THE CONGRESSIONAL MANDATES EMBODIED IN SUBTITLE D.
WE RECOMMEND THAT CONGRESS AUTHORIZE $40 MILLION FOR 3 YEARS FOR THE
PLANNING PROGRAM AND EARMARK HALF THAT AMOUNT, OR $20 MILLION, FOR LOCAL
PLANNING.
THE MANDATE TO CLOSE OR UPGRADE ALL OPEN DUMPS WILL HIT MANY COUNTIES
WITH DRAMATIC COST INCREASES. RURAL COUNTIES IN PARTICULAR NEED SPECIAL
IMPLEMENTATION ASSISTANCE. WE RECOMMEND THAT YOU RETAIN SECTION 4009 OF
THE ACT BUT BROADEN THE ELIGIBILITY CRITERIA TO COVER ALL NONURBAN
COUNTIES WHICH DO NOT HAVE THE FINANCIAL RESOURCES TO CONVERT TO
SANITARY LANDFILL PRACTICES. WE FEEL THE EXISTING AUTHORIZATION OF $25
MILLION PER YEAR IS SUFFICIENT.
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WE ANTICIPATE THE GREATEST NEED IN RURAL COUNTIES WILL BE FOR
TECHNICAL SERVICES TO CLOSE DUMPS AND SITE NEW LANDFILLS. BY CORRECTING
EXISTING PROBLEMS AND PREVENTING FUTURE PROBLEMS, THE MONEY WILL BE WELL
SPENT. IN ORDER TO STRETCH THE FUNDS AS FAR AS POSSIBLE, CONGRESS COULD
RESTRICT SECTION 4009 GRANTS TO TECHNICAL SERVICES.
URBAN COUNTIES ARE ALSO UNDER PRESSURE, NOT ONLY FROM THE DUMP
CLOSING MANDATE AND SANITARY LANDFILL REGULATIONS, BUT FROM A RAPIDLY
DIMINISHING LANDFILL CAPACITY AND SCARCITY OF ADEQUATE NEW SITES. URBAN
COUNTIES HAVE SHOWN THEIR INTEREST IN RESOURCE RECOVERY THROUGH THE
COMMITMENT OF MILLIONS OF DOLLARS OF LOCAL FUNDS TO THE PLANNING AND
CONSTRUCTION OF NEW FACILITIES. IN ADDITION, THE RESPONSE FROM COUNTIES
TO THE PRESIDENT'S URBAN POLICY GRANTS PROGRAM WAS ENTHUSIASTIC. WE
FORESEE EVEN GREATER DEMAND NEXT YEAR. THE $13.9 MILLION EPA REQUESTED
FOR 1980 IS OT SUFFICIENT TO MEET THE DEMAND. WE SUGGEST EPA SET UP A
LOAN GUARANTEE PROGRAM AS A SEPARATE MECHANISM TO ASSIST PROJECTS WHICH
USE PROVEN TECHNOLOGY. THE DOMONSTRATION GRANT PROGRAM SHOULD REMAIN AT
THE AUTHORIZED LEVEL OF $15 MILLION PER YEAR. HOWEVER, IF THE RESOURCE
RECOVERY ASPECTS OF THE ACT ARE EVER TO BE REALIZED, THE $15 MILLION
AUTHORIZATION IS CLEARLY INADEQUATE.
WE STRONGLY RECOMMEND AN ACCELERATED RESEARCH AND DEVELOPMENT EFFORT
IN RESOURCE RECOVERY WHICH WOULD INCLUDE SOURCE SEPARATION AND OTHER
SMALL-SCLAE APPROACHES, AND WHICH WOULD EMPHASIZE THE MARKETING OF
RECOVERED RESOURCES. WE FAVOR RESEARCH INTO THE PROBLEMS THAT EXISTING
PLANTS ARE HAVING. WE FEEL AN EMPHASIS ON PROBLEM SOLVING WITH EXISTING
TECHNOLOGIES WILL REAP THE LARGEST DIVIDEND.
THE ISSUES I HAVE DISCUSSED HAVE BEEN CONSIDERED AT LENGTH BY NACO'S
ENVIRONMENT AND ENERGY STEERING COMMITTEE ON WHICH I SERVE. AT OUT LAST
MEETING EARLY THIS MONTH, WE ADOPTED A RESOLUTION ON SOLID AND HAZARDOUS
WASTE MANAGEMENT WHICH WAS THEN ADOPTED BY THE NACO BOARD OF DIRECTORS.
WITH YOUR PERMISSION, I WOULD LIKE TO REQUEST THAT THIS RESOLUTION BE
MADE PART OF THE RECORD.
MR. FLORIO. WITHOUT OBJECTION.
MS. JOHANNSEN. I FEEL THAT IT SUMMARIZES OUR MAJOR CONCERNS AND
INDICATES THE DIRECTION WE WOULD LIKE TO SEE FEDERAL PROGRAMS TAKE.
THIS CONCLUDES MY FORMAL REMARKS. I WOULD VERY MUCH LIKE TO EXPRESS
MY APPRECIATION AND TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
(THE FOLLOWING MATERIAL WAS RECEIVED FOR THE RECORD.)
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WHEREAS, THE DUMP CLOSING MANDATE AND SANITARY LANDFILL REGULATIONS
AUTHORIZED BY THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 WILL
HAVE A SEVERE IMPACT ON RURAL COUNTIES; AND
WHEREAS, STATES ARE REQUIRING COUNTIES TO DEVELOP SOLID WASTE PLANS
WITHOUT PROVIDING FINANCIAL ASSISTANCE TO HELP PREPARE SUCH PLANS; AND
WHEREAS, MANY LANDFILLS AND DUMPS CONTAINING HAZARDOUS WASTE POSE A
SERIOUS THREAT TO HUMAN SAFETY AND HEALTH; THEREFORE, BE IT
RESOLVED, THE CONGRESS SHOULD:
PROVIDE FINANCIAL AND TECHNICAL ASSISTANCE TO RURAL COUNTIES TO MEET
REGULATIONS PROMULGATED UNDER THE ACT;
PROVIDE FINANCIAL ASSISTANCE TO COUNTIES TO PREPARE AND IMPLEMENT
SOLID WASTE MANAGEMENT PLANS;
ESTABLISH A FEDERAL FUND TO MITIGATE AND CORRECT POLLUTION PROBLEMS
CAUSED BY HAZARDOUS WASTE DISPOSAL;
ESTABLISH A FEDERAL MECHANISM WHICH WOULD PROVIDE LONG-TERM
INSPECTION, MAINTENANCE AND LIABILITY INSURANCE FOR PERMITTED HAZARDOUS
WASTE SITES;
SUPPORT THE RESEARCH AND DEVELOPMENT OF TECHNOLOGIES, WHICH, THROUGH
NEUTRALIZATION, DESTRUCTION OR RECOVERY PROCESSES, REDUCE THE NEED FOR
HAZARDOUS WASTE LANDFILL DISPOSAL CAPACITY;
PROVIDE CONTINUED FINANCIAL AND TECHNICAL SUPPORT FOR COUNTY RESOURCE
RECOVERY PROJECTS; AND
INTENSIFY TECHNICAL RESEARCH AND MARKET DEVELOPMENT FOR RECOVERED
RESOURCES.
ADOPTED BY THE NACO BOARD OF DIRECTORS MARCH 13, 1979
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MR. FLORIO. THANK YOU.
MR. SANTINI.
MR. SANTINI. THANK YOU, MR. CHAIRMAN.
I DON'T KNOW, SUPERVISOR JOHANNSEN, IF YOU WERE PRESENT WHEN I SHARED
SOME OF MY PRELIMINARY OBSERVATIONS WITH THE REPRESENTATIVE FROM EPA.
WERE YOU?
MS. JOHANNSEN. YES; I WAS.
MR. SANTINI. YOU CAN GATHER, THAN, THAT I AM INTITIALLY SYMPATHETIC
WITH THE PLIGHT OF THE COUNTIES, PARTICULARLY THE RURAL COUNTIES, IN
THIS CONTEXT.
MS. JOHANNSEN. I MIGHT SHARE AN EXAMPLE IN OUR AREA WITH YOU. WE
HAVE A CHEMICAL LABORATORY ABOUT 100 MILES TO THE NORTH OF US. THEY
HAVE BEEN DEPOSITING A LARGE AMOUNT OF THEIR WASTE FOR 10 OR 15 YEARS.
THEY HAVE A SITE APPROXIMATELY 15 ACRES, AND IT HAS BEEN FILLED
SOMETHING LIKE 100 FEET DEEP. WE ARE NOW FINDING 100 MILES TO THE
SOUTH, TRACES OF THESE CHEMICALS IN OUR WATER. THE COMPANY IS WORTH
ABOUT $5 MILLION.
EPA HAS ESTIMATED IT IS GOING TO TAKE $50 MILLION TO CLEAN THE THING
UP. THE COUNTY HAS A POPULATION OF ABOUT 25,000 PEOPLE AND CERTAINLY
NOT ANYWHERE NEAR AN ABILITY WITH THE PROPERTY TAX TO CLEAN THAT UP.
MR. SANTINI. I CERTAINLY REALIZE THE FISCAL DILEMMA CREATED HERE.
OUR NEVADA RURAL SITUATION MAY BE SOMEWHAT MORE AGGRAVATED, PERHAPS,
THAN OTHERS IN THE NATION, GIVEN THE VERY LIMITED PRIVATE PROPERTY TAX
BASE ON WHICH ALL SERVICES OF COUNTY GOVERMENT ARE PROVIDED, INCLUDING
ROADS, SEWAGE, HOSPITALS, LAW ENFORCEMENT AND FIRE PORTECTION.
IT JUST SEEMS AN INCREDIBLE ADDITIONAL BURDEN, AT LEAST TO SOME OF
OUR RURAL COUNTY REPRESENTATIVES WHO HAVE FOR MANY, MANY YEARS BEEN
OPERATING ON EXTREMELY LIMITED BUDGETS, TO NOW BE REQUIRED TO PUT IN A
SANITARY LANDFILL WHICH MIGHT COST A QUARTER OF A MILLION DOLLARS. THIS
IS MORE THAN THEIR ANNUAL BUDGET.
IN THE EXAMPLE THAT I SHARED, $50 MILLION WOULD CERTAINLY BE MANY
TIMES OVER THAT PARTICULAR COUNTY'S BUDGET CAPACITY TO RESPOND. HAS
NACO BEEN AT ALL SUCCESSFUL IN THEIR APPEALS TO THE DEPARTMENT OF
COMMERCE TO ENLIST THEIR INTEREST IN THIS SUBJECT AREA?
MS. JOHANNSEN. THAT I CANNOT TELL YOU, BUT WE HAVE ONE OF OUR STAFF
MEMBERS HERE AND PERHAPS HE CAN ANSWER THAT FOR YOU.
MR. CROKE. FOR THE RECORD, MY NAME IS MARK CROKE AND I AM A
LEGISLATIVE REPRESENTATIVE WITH TEH NATIONAL ASSOCIATION OF COUNTIES.
OUR CONCERN SO FAR HAS NOT REALLY ADDRESSED ITSELF TO THE DEPARTMENT OF
COMMERCE'S ROLE IN SOLID WASTE. WE HAVE BEEN MORE CONCERNED WITH EPA'S
ACTIONS, AND THE EXISTENCE OF THESE FEDERAL MANDATES WHICH IMPOSE THESE
COSTS ON COUNTY GOVERNMENTS, AND PARTICULARLY RURAL GOVERNMENTS.
THE EXTENT OF THIS PROBLEM, NOT ONLY IN NEVADA AND A LOT OF RURAL
AREAS, IS SUCH THAT WE REALLY HAVE NOT HAD THE OPPORTUNITY TO
CONCENTRATE ON WHAT COMMERCE'S ROLE HAS BEEN. WE ARE MERELY TRYING TO
HELP OUR PEOPLE GET OVER THIS BURDEN WHICH WE SEE AS IMPOSED BY THE
FEDERAL GOVERNMENT.
MR. SANTINI. WERE YOU PRESENT THIS MORNING WHEN MR. STEFFEN PLEHN,
DEPUTY ASSISTANT ADMINISTRATOR OF THE OFFICE OF SOLID WASTE, TESTIFIED?
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MR. CROKE. YES, SIR, WE WERE.
MR. SANTINI. I SHARED THIS ISSUE WITH HIM. ESSENTIALLY HE RESPONDED
THAT IT WAS A MATTER OF STATE PLANNING DIRECTION AND THAT THEREFORE THE
STATE COULD MITIGATE OR MODERATE THE PLAN TO RECOGNIZE THE LOCAL
GOVERNMENT INTEREST. I WOULD APPRECIATE YOUR RESPONSE TO THAT
TESTIMONY.
MS. JOHANNSEN. THE STATES, OF COURSE, ARE DEVELOPING A STATEWIDE PLAN
BECAUSE THEY HAVE BEEN DIRECTED BY THE FEDERAL GOVERNMENT TO DO SO.
THEY DO NOT ALWAYS INCLUDE THE LOCAL GOVERNMENT'S IDEAS OF WHAT A STATE
PLAN MIGHT INCLUDE OR COULD POSSIBLE IMPLEMENT. SO WE DO HAVE SOMETHING
OF A COORDINATION PROCESS THERE, I GUESS, ALL OF THE WAY UP AND DOWN THE
LINE.
MR. FLORIO. WOULD THE GENTLEMAN YIELD?
MR. SANTINI. YES.
MR. FLORIO. WELL, ISN'T THAT JUST AN INDICATION THAT THE LOCALITIES
AND COUNTIES SHOULD PERHAPS LEAN ON THE STATES IN TERMS OF HAVING MORE
INPUT INTO THE PROCESS? MAYBE MY BIAS IS COMING FROM A RELATIVELY SMALL
STATE GEOGRAPHICALLY SPEAKING, BUT I AM NOT OFFENDED BY PUTTING A LOT OF
EMPHASIS ON THE STATE CORRDINATION ROLE. I HAVE SEEN TOO MANY,
PARTICULARLY IN THE AREA OF SEWAGE TREATMENT FACILITIES, MUNICIPALITIES
OR COUNTIES BECOME INVOLVED IN PLANNING IN A DISJOINTED WAY, AND WE
DON'T SEE PROPER REGIONAL COORDINATION.
LIKEWISE WHEN WE ARE TALKING ABOUT FACILITIES THAT ARE GOING TO
ENTAIL SOME EXPENDITURE OF MONEY, AND THAT REQUIRES THE ABILITY TO DRAW
UPON A FAIRLY LARGE AREA FOR THE CONSTANT STREAM OF SOLID WASTES, BUT
YOU ALMOST CANNOT BY DEFINITION DO THAT ON A TOWN BY-TOWN BASIS OR EVEN
A COUNTY BASIS. SO THAT, IF IN FACT THE STATE DOES NOT PAY ATTENTION TO
THE MUNICIPALITIES IN FORMULATING ITS PLAN, THIS ALMOST BECOMES A
POLITICAL PROBLEM, BECAUSE YOU HAVE INAPPROPRIATE OR INSENSITIVE STATE
OFFICIALS.
BUT I REALLY DON'T HAVE ANY DIFFICULTIES WITH THE CONCEPT OF
UTILIZING THE STATE FOR THE OVERALL PLANNING MECHANISM IN TERMS OF
FORMULATING WHAT IS THE APPROPRIATE ALLOCATION OF RESOURCES FOR SOLID
WASTE TREATMENT OR DISPOSAL FACILITIES. IS THERE SOMETHING I AM MISSING
IN THIS WHOLE EQUATION?
MS. JOHANNSEN. WE ARE FORTUNATE IN IOWA BECAUSE WE HAVE AN EXCELLENT
RELATIONSHIP WITH BOTH OUR REGIONAL COUNSELS AND WITH OUR STATE PLANNING
DEPARTMENT. NOT EVERYONE HAS THAT. I QUESS AREAS SEEM TO CAUSE
PROBLEMS IN SIZE AND IN TOPOGRAPHY.
MR. FLORIO. DON'T THE STATES HAVE THE INFORMATION?
MS. JOHANNSEN. EVEN THOUGH YOU ARE A STATE AND THE BORDERS ARE THERE,
YOU DON'T ALWAYS PARTICULARLY RELATE. SOMETIMES IT IS CROSS-CONNECTIONS
WITH DIFFERENT STATES, THE AREAS THAT YOU FIT INTO, JUST LIKE YOU DO
WITH A WATER SYSTEM OR A WATER BASIN. AND PEOPLE SEEM TO LOCATE IN
PARTICULAR AREAS AND SOLID WASTE SEEMS TO LOCATE IN AREAS LIKE THAT,
TOO. HAZARDS SEEM TO CAUSE PROBLEMS, AGAIN, BECAUSE LIKE THIS
PARTICULAR LANDFILL I MENTIONED, THE MIGRATION IS GOING TO FOLLOW THE
TOPOGRAPHY OF THE LAND AND THE WATER STREAM, NOT THE STATE LINE. SO IT
TAKES MORE COORDINATION THAN JUST ONE STATE.
MR. FLORIO. DOESN'T IT DICTATE ON THE SIDE OF GOING EVEN BEYOND THE
STATES?
MS. JOHANNSEN. YES, IT DOES, IN MANY CASES.
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MR. FLORIO. SO RATHER THAN GOING THE OTHER WAY BY PROVIDING AUTHORITY
AT THE LOCAL OR COUNTY LEVEL TO FURMULATE PLANS, WHAT WE SHOULD BE
TALKING ABOUT IS, AT A MINIMUM, SOME STATE ORGANIZATION, AND PERHAPS
BISTATE ORGANIZATIONS, INTERSTATE COMPACTS, AND THINGS OF THAT SORT.
MR. CROKE. MR. CHAIRMAN, IF I COULD ADD A LITTLE BIT TO THAT, THE
NATIONAL ASSOCIATION OF COUNTIES, BY ADVOCATING A STRONGER ROLE UNDER
RCRA FOR LOCAL GOVERNMENTS, IS NOT SAYING THAT THE REGIONAL APPROACH IS
A BAD ONE OR EVEN THAT THE REGIONAL APPROACH MIGHT PERHAPS BE THE
PREFERRED APPROACH IN MOST AREAS.
WHAT WE ARE SAYING IS THAT THOSE PEOPLE WHO ARE GOING TO HAVE TO PUT
THE PLAN IN OPERATION, WHICH ARE THE COUNTIES AND LOCAL GOVERNMENTS,
SHOULD BEGIN THIS PLANNING PROCESS AND SHOULD BEGIN TO MAKE THE INITIAL
ASSESSMENT WHERE THE INFORMATION AND WHERE THE SOLID WASTE PROBLEM
CURRENTLY IS, AND THEN BUILD TO A REGIONAL LEVEL FROM THERE,
PARTICULARLY IN THE AREA OF RESOURCE RECOVERY.
AS THE TESTIMONY TODAY HAS INDICATED AND AS I AM SURE THE CHAIR IS
QUITE AWARE, THE ECONOMICS OF RESOURCE RECOVERY ARE BEST OPERATED ON A
LARGE SCALE OR REGIONAL BASIS IN MOST CASES, UNLESS YOU ARE TALKING
ABOUT A HIGHLY URBANIZED AREA. CONSEQUENTLY, A COUNTY IN A RURAL AREA
WHICH WENT TO LOOK AT RESOURCE RECOVERY WOULD AS A MATTER OF COURSE HAVE
TO LOOK ON A REGIONAL BASIS, AND FROM THAT WOULD GROW REGIONAL
COOPERATION.
AS THE TESTIMONY TODAY HAS INDICATED AND AS I AM SURE THE CHAIR IS
QUITE AWARE, THE ECONOMICS OF RESOURCE RECOVERY ARE BEST OPERATED ON A
LARGE SCALE OR REGIONAL BASIS IN MOST CASES, UNLESS YOU ARE TALKING
ABOUT A HIGHLY URBANIZED AREA. CONSEQUENTLY, A COUNTY IN A RURAL AREA
WHICH WENT TO LOOK AT RESOURCE RECOVERY WOULD AS A MATTER OF COURSE HAVE
TO LOOK ON A REGIONAL BASIS, AND FROM THAT WOULD GROW REGIONAL
COOPERATION.
BUT IN TOO MANY CASES WE ARE SEEING WHERE A REGIONAL BODY IS
ORIGINALLY DESIGNATED, PREPARES A PLAN, AND WHEN THE PLAN GOES TO BE
IMPLEMENTED, IT BEARS LITTLE RELATION TO WHAT IS ACTUALLY HAPPENING IN
THE COUNTIES AND MUNICIPALITIES. SO, WHAT WE ARE ADVOCATING IS TO
REVERSE THAT PROCESS, BEGIN YOUR PLANNING AT THE LOCAL LEVEL AND THEN
REGIONALIZE, PERHAPS, YOUR SOLUTIONS. PERHAPS THE IMPLEMENTATION PART
OF IT SHOULD BE REGIONALIZED AND THE PLANNING BEGUN AT THE LOCAL LEVEL.
MS. JOHANNSEN. I WOULD LIKE TO FOLLOW UP ON THAT, MR. CHAIRMAN, JUST
AS MY OWN PRIVATE FEELING. I ALSO SERVED AS THE MAYOR IN MY CITY FOR
THREE TERMS. IT IS A VERY SMALL CITY OF 2,000 PEOPLE. WE HAVD A DUMPING
OPERATION WHICH WAS A VERY FEW TONS PER DAY, LIKE 15 TONS PER DAY. NOW,
THE GUIDELINES AND STANDARDS DEVELOPED ON THE FEDERAL LEVEL FOR A
LANDFILL THAT DEALS WITH 15 TONS A DAY ARE EXACTLY THOSE FOR THOSE WHICH
DEAL WITH 1,500 TONS PER DAY, BUT THE PROBLEM IS NOT NEARLY THE SAME.
IF YOU BURY A QUANTITY OF 15 TONS A DAY, YOU DON'T NEARLY ACQUIRE THE
DESNSITY OR HAZARD FROM THE LEACHATE BECAUSE IN THE TIME FRAME THAT THIS
DISSOLVES, THE CONCENTRATION IS NOT NEARLY GREAT ENOUGH. AND THE TIME
FRAME THAT ENTERS INTO THE DECOMPOSITION KIND OF DEALS WITH SOME OF THE
HAZARD IN ITSELF. BUT NO ONE HAS EVER DONE ANYTHING ABOUT CHANGING
THOSE STANDARDS, AND THAT IS ONE OF THE THINGS THAT I THINK MIGHT HELP
US TO DEAL WITH THE PROBLEM IN RURAL AS OPPOSED TO URBAN TYPES OF
COMMUNITIES. BUT UNTIL WE CAN GET THE RURAL PEOPLE INVOLVED IN THE
PLANNING WITH THEIR OPERATION THEY HAVE VERY FEW STAFF TO DEAL WITH
THEIR WHOLE OPERATION, AS YOUR PEOPLE WELL KNOW. THEY HAVE FEW
RESOURCES. THEY SIMPLY DON'T HAVE ANYONE TO PUT ALL THIS INFORMATION
TOGETHER FOR THEM, TO REALLY IDENTIFY WHERE THE PROBLEMS ARE.
SOMEHOW THE STATES DON'T SEEM TO DO THIS BECAUSE THEY ARE USED TO
WORKING WITH, AGAIN, LARGE NUMBERS OF STAFF PEOPLE.
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THEY LOOK AT THE MORE POPULOUS AREAS TO BEGIN WITH, AND SO THE RURAL
SOLUTIONS DON'T SEEM TO COME OUT.
MR. FLORIO. IF THE GENTLEMAN WOULD YIELD FOR ONE RELATED QUDSTION,
DOES YOUR ORGANIZATION HAVE ANY EXPERIENCE WITH THE RESOURCE
CONSERVATION AND RECOVERY PANELS OF EPA WHICH, BY THE TERMS OF THE
STATUTE, ARE TO PROVIDE FEDERAL AGENCIES, STATES AND LOCAL GOVERNMENTS
UPON REQUEST WITH TECHNICAL ASSISTANCE ON SOLID WASTE MANAGEMENT AND
RESOURCE RECOVERY AND CONSERVATION?
SUCH TEAMS SHALL INCLUDE TECHNICAL, MARKETING, FINANCIAL, AND
INSTITUTIONAL SPECIALISTS, AND THE SERVICES OF SUCH TEAMS SHALL BE
PROVIDED WITHOUT CHARGE TO STATE AND LOCAL GOVERNMENTS. HAS THERE BEEN
ANY EXPERIENCE WITH THESE PANELS?
MS. JOHANNSEN. YES. WE EVIDENTLY HAVE SEVERAL PANELS PER YEAR, AND
MY OWN COUNTY PEOPLE ARE GOING TO BE MEETING WITH SOME OF THE PEOPLE
SOMETIME IN THIS NEXT MONTH.
MR. FLORIO. HAS THAT BEEN A HELPFUL EXPERIENCE?
MS. JOHANNSEN. I HAVE NOT PERSONALLY MET WITH ANY OF THEM.
MR. CROKE. YES. THE ASSOCIATION DOES ABOUT 30 OF THESE PEER MATCH
PANELS A YEAR, AND OUR EXPERIENCE FOR THE MOST PART HAS BEEN VERY
FAVORABLE. IT HAS BEEN VERY USEFUL.
MR. FLORIO. THANK YOU.
MR. SANTINI. I CERTAINLY EMPHATICALLY CONCUR WITH THE THRUST AND
DIRECTION OF ONE OF YOUR PRINCIPAL RECOMMENDATIONS, THAT THE IMPORTANT
FEEDBACK FROM THE COUNTY AND LOCAL GOVERNMENT LEVEL CERTAINLY SHOULD BE
HEIGHTENED. I THINK IT IS PARTICULARLY IMPERATIVE WHEN YOU ARE DEALING
WITH COUNTIES OF LOW POPULATION. THESE ARE BIG PROBLEM SITUATIONS. THE
MAYOR SOMETIMES HAS TO TYPE HIS OWN LETTERS. THE CHAIRMAN OF ON THE
BOARD OF COUNTY COMMISSIONERS JUST THROWS UP HIS HANDS AND SAYS: "MY
GOD, HERE COMES THE FEDERAL GOVERNMENT AGAIN AT US FROM A DIFFERENT
DIRECTION."
IN WHITE PINE COUNTY, NEV., SOME OF THE RESIDENTS PERCEIVE IT AS A
CONSTITUTIONAL ENTITLEMENT TO TAKE OUT THEIR OWN GARBAGE TO THE GARBAGE
DUMP AND PUT IT THERE. THEY ARE DOING IT AND THEIR FATHER DID IT AND
THEIR GRANDFATHER DID IT. AND LOCAL GOVERNMENT, COUNTY COMMISSION AND
CITY BOTH, IN THE MORE ISOLATED RURAL AREAS ARE REALLY BESET WITH A
TREMENDOUS PROBLEM. CREATING A MANDATORY GARBAGE PICKUP AND DISPOSAL
PROGRAM WOULD NOT ONLY VIOLATE THE CONSTITUTION, AT LEAST IN THEIR
MINDS, BUT ADDITIONALLY INCREASE COSTS. THE INCREASED COST AND THE
INCREASED INVOLVEMENT OF LOCAL GOVERNMENT IN THIS ROLE OF GARBAGE
DISPOSAL IS JUST COMPLETELY ANATHEMA. THEY CANNOT PERCEIVE WHY IT IS AN
IMPERATIVE.
I DO THINK THAT MANY OF THE PLANNERS AND THE RULE AND REGULATION
MAKERS LOSE SIGHT OF THIS VERY REAL POLITICAL PROBLEM THAT YOU HAVE TO
GRAPPLE WITH AT THE COUNTY LEVEL. IN SOME STATES WHICH HAVE A
SENSITIVITY AND ARE ATTUNED TO THEIR LOCAL GOVERNMENTS, IT CAN WORK VERY
WELL. CONVERSELY, IN OTHER STATES WHERE THE STATE IS USED TO DOING ITS
OWN THING AND TO A LARGE EXTENT IGNORING THE SMALL POPULATION CENTERS OF
THE STATE, IT CREATES CONSIDERABLE DIFFICULTIES.
OUR STATE HAS BEEN ABLE TO MODERATE IT, BUT IT IS BY AND LARGE DUE TO
THE FACT THAT WITH ONLY 700,000 PEOPLE IN THE ENTIRE STATE, YOU CAN
ACCOMPLISH CERTAIN PRACTICAL ENDS WHICH WOULD BE IMPOSSIBLE IF YOU WERE
DEALING WITH A MUCH LARGER POPULATION.
ONE OF YOUR OTHER BASIC RECOMMENDATIONS IS -- STATED IN THE
EUPHEMISM USED ON PAGE 2: "WE ALSO ANTICIPATE ADEQUATE RESOURCES TO
MEET THIS STANDARD." THE ADEQUATE RESOURCES YOU ARE REFERRING
TO ARE DOLLARS, AND THE DOLLAR DILEMMA BESETS EACH AND EVERY
AGENCY OF GOVERNMENT THESE DAYS.
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MS. JOHANNSEN. BUT THE PROBLEM IS, SIR, WHEN YOU MANDATE THINGS, THE
RESOURCES NEED TO FOLLOW WITH THEM. AS YOU WELL KNOW IN YOUR OWN AREA,
THERE ARE NOT ANY OTHER RESOURCES TO BE DEVELOPED. IN THE STATE OF
IOWA, WE HAVE A LIMITATION ON THE DOLLAR FACTOR WE CAN RAISE IN A
SUCCEEDING YEAR. IF YOU MANDATE SOMETHING, WE ARE LEFT WITH WHERE TO
GET IT. WE CUT OUT SOMETHING WHENEVER YOU MANDATE SOMETHING ELSE.
MR. SANTINI. SUPERVISOR JOHANNSEN, IT IS SO MUCH EASIER TO WRITE THE
LAW THAN RAISE THE MONEY.
MS. JOHANNSEN. BUT WE ARE LIMITED BY THE LAW IN RAISING THE MONEY.
IT IS NOT THAT WE WOULDN'T DO IT OTHERWISE.
MR. SANTINI. I DON'T KNOW THAT ADDITIONAL FUNDING WOULD BE A
REALISTIC EXPECTATION. I CAN WELL UNDERSTAND YOUR PLEA FOR IT. I THINK
THE EMPHASIS THAT YOU PLACED ON THE INCREASED ROLE OF COUNTY
REPRESENTATION IN THE STATEWIDE DECISIONMAKING, HOWEVER, SHOULD BE A
PRACTICAL RESULT.
TO YOUR KNOWLEDGE, DOES THE 1976 ACT MANDATE THE ROLE WHICH LOCAL
GOVERNMENT IS TO PLAY IN THE RULE AND REGULATION IMPLEMENTATION AT THE
STATE LEVEL?
MS. JOHANNSEN. WE WERE TO BE INCLUDED, AND IT SEEMS TO ME THAT WHEN
WE DID GET NOTICE OF PLANNING, THAT WE GOT NOTICE OF HEARINGS ON THE
PLAN ONE DAY BEFORE THE HEARINGS WERE GOING TO BE HELD, WHICH MAKES IT A
LITTLE DIFFICULT TO GET MUCH TO THEM.
MR. SANTINI. YOUR INDIVIDUAL IOWA EXPERIENCE WAS THAT THE ROLE IN
DRAFTING THE RULES AND REGULATIONS OF THE LOCAL GOVERNMENTWS RATHER
SUPERFICIAL AT BEST?
MS. JOHANNSEN. WELL, I GUESS THE TIMEFRAME WAS JUST TOO SHORT TO GET
THE JOB DONE. WE WERE ABLE TO WORK WITH OUR PEOPLE IN IOWA AND GET IT
TAKEN CARE OF, BUT I AM NOT SURE ALL OF THE OTHER STATES HAVE THAT SAME
GOOD RELATIONSHIP.
MR. SANTINI. IN YOUR TESTIMONY YOU INDICATE THAT IN EIGHT STATES THE
LOCAL GOVERNMENT HAS NO ROLE. IS THAT CORRECT?
MS. JOHANNSEN. YES.
MR. SANTINI, RETURNING TO MY QUESTION, DOES THE 1976 ACT CONTAIN
SPECIFIC LANGUAGE THAT WOULD EITHER MANDATE OR RECOMMEND THAT THE LOCAL
GOVERNMENT HAVE A SPECIFIC ROLE IN THE DRAFTING OF RULES AND
REGULATIONS?
MS. JOHANNSEN. DOES IT?
MR. CROKE. YES, IT DOES HAVE SUCH A DIRECTION; HOWEVER, IT IS VAGUE
TO THE POINT OF BEING ALMOST USELESS, IN THAT A STATE CAN SHOW ANY TYPE
OF A PUBLIC HEARING, OR NOTICE 1 DAY IN ADVANCE AS SUFFICIENT TO HAVING
INVOLVED LOCALS.
MR. FLORIO. IF THE GENTLEMAN WOULD YIELD, IT SEEMS TO ME THE
APPROPRIATE REMEDY IS TO CONTACT EPA, AND IN THE CERTIFICATION PROCESS,
AS EPA IS REQUIRED TO CERTIFY THE STATE PLAN, IF THE POINT IS MADE THAT
THE ROLE OF THE LOCALITIES AS REQUIRED UNDER STATE LAW HAS NOT BEEN
HONORED IN ANY BUT THE MOST SUPERFICIAL WAY, IT WOULD BE AN APPROPRIATE
POINT TO RAISE WHEN EPA IS CERTIFYING THE STATE PLAN.
MR. CROKE. WE APPRECIATE THAT AND WE DO WORK WITH EPA, AND WE INTEND
TO BEAT THEM ABOUT THE HEAD QUITE A BIT ABOUT THIS POINT.
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A NUMBER OF STATES HAVE TRIED TO TAKE ACTION TO PASS THROUGH FUNDS TO
LOCAL GOVERNMENTS WHICH EPA HAS STOPPED. PARTICULARLY OHIO AND NORTH
CAROLINA COME TO MIND AS TWO STATES WHICH WANTED TO PASS PLANNING FUNDS
THROUGH TO THEIR LOCAL GOVERNMENTS AND EPA WOULD NOT ALLOW THEM TO GET
INVOLVED THAT DIRECTLY IN THE PLAN.
SO, IT IS AS IF THEY HEAR US BUT THEY DON'T HEAR US. THEY ARE
WILLING TO ALLOW SOME KIND OF LOCAL ROLE, BUT THE TYPE OF ROLE, EVEN IN
THESE CASES, WHERE THE STATE PERCEIVES LOCAL GOVERNMENT SHOULD EXERCISE,
EPA HAS DECIDED NOT TO ALLOW.
MR. SANTINI. IT WOULD SEEM TO ME THAT AT THE VERY LEAST, GIVEN YOUR
TESTIMONY AND RECOMMENDATIONS, THAT THIS COMMITTEE COULD COMMUNICATE
DIRECTLY WITH THE ENVIRONMENTAL PROTECTION AGENCY, URGING THAT ON THE
BASIS OF THE EVIDENCE YOU SHARED WITH US, IT WOULD BE MOST APPROPRIATE
FOR THE ENVIRONMENTAL PROTECTION AGENCY ITSELF TO SCRUTINIZE INDIVIDUAL
STATE PLANS TO INSURE THAT THERE IS A MEANINGFUL ROLE IN A CONSULTING
VEIN AFFORDED THE COUNTY AND LOCAL GOVERNMENT ENTITIES WHO ARE GOING TO
HAVE THE RESPONSIBILITY, AS YOU DESCRIBED IN YOUR TESTIMONY, OF
IMPLEMENTING EVERYTHING MANDATED. AND IF EIGHT STATES HAVE ACTUALLY
EXCLUDED ANY LOCAL GOVERNMENT, THEN THERE IS CERTAINLY A CONTRADICTION
OF THE SPIRIT OF THE LEGISLATIVE ENACTMENT IF NOT THE LETTER OF THAT
ENACTMENT. IT SHOULD BE RECTIFIED.
MS. JOHANNSEN. WE WOULD CERTAINLY APPRECIATE THE COMMITTEE'S DOING
THAT.
MR. SANTINI. MR. CHAIRMAN, WOULD THAT BE APPROPRIATE, IN YOUR
JUDGEMENT?
MR. FLORIO. YES, A COMMUNICATION TO EPA REQUESTING WHAT THEIR POLICY
IS WITH REGARD TO THIS. IF YOU WOULD SEE FIT TO PROVIDE US WITH THE
NAMES OF THE EIGHT STATES, WE COULD SPECIFICALLY REQUEST AN EVALUATION
BY EPA IN THOSE SPECIFIC INSTANCES.
MR. SANTINI. THANK YOU, MR. CHAIRMAN.
MR. FLORIO. WE CERTAINLY THANK YOU VERY MUCH FOR YOUR TESTIMONY, FOR
YOUR ASSISTANCE, AND WE LOOK FORWARD TO WORKING WITH YOUR ORGANIZATION
AS WE ATTEMPT TO IMPROVE THIS LAW. THANK YOU.
MS. JOHANNSEN. WE APPRECIATE THE OPPORTUNITY TO BE HERE.
MR. FLORIO. OUR LAST TWO WITNESSES WILL BE PART OF A PANEL. THE
PARTICIPANTS ARE MR. EUGENE WINGERTER, WHO IS THE EXECUTIVE DIRECTOR OF
THE NATIONAL SOLID WASTE MANAGEMENT ASSOCIATION, AND MR. EDWARD
MERRIGAN, COUNSEL FOR THE NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES.
GENTLEMEN, WE WELCOME YOU TO THE COMMITTEE.
AS WAS STATED WITH THE OTHER WITNESSES, WE HAVE COPIES OF YOUR FULL
STATEMENT. THOSE STATEMENTS WILL BE MADE A PART OF THE RECORD, AND WE
ASK YOU TO PROCEED IN A SUMMARY FASHION SO THAT WE CAN CONCLUDE TODAY'S
BUSINESS. WE ASK YOU TO IDENTIFY YOURSELF FOR THE RECORD, AS WELL AS
YOUR COLLEAGUE, AND PROCEED AS YOU SEE FIT.
MR. WINGERTER.
STATEMENT OF EUGENE J. WINGERTER, EXECUTIVE DIRECTOR,
NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION,
ACCOMPANIED BY CHARLES JOHNSON, TECHNICAL DIRECTOR,
AND EDWARD L. MERRIGAN, COUNSEL, NATIONAL ASSOCIATION
OF RECYCLING INDUSTRIES, INC.
MR. WINGERTER. THANK YOU, MR. CHAIRMAN.
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I AM EUGENE WINGERTER, EXECUTIVE DIRECTOR OF THE NATIONAL SOLI1
WASTES MANAGEMENT ASSOCIATION. WITH ME TODAY IS DR. CHARLES JOHNSON,
TECHNICAL DIRECTOR OUR ASSOCIATION. WE WOULD BOTH LIKE TO SHARE OUR
REMARKS IN SUMMARY FASHION WITH THE COMMITTEE.
MR. FLORIO. THANK YOU.
MR. WINGERTER. FIRST LET ME SAY THAT WE FEEL THE BASIC COMPOSITION OF
THE RESOURCE CONSERVATION AND RECOVERY ACT IS SOUND AND THAT THE ACT
SHOULD BE IMPORVED AND EXTENDED FOR ANOTHER 3 YEARS. WE WOULD LIKE TO
FOCUS OUR COMMENTS THIS MORNING ON TWO ELEMENTS OF THE ACT, SUBTITLE D
AND SUBTITLE C. I WILL SUMMARIZE BRIEFLY OUR CONCERNS ABOUT SUBTITLE D
FIRST.
IT IS OUR IMPRESSION THAT THE OPEN DUMP INVENTORY AS CONCEIVED BY THE
CONGRESS IN 1976 CONSIDERED APPROXIMATELY 20,000 DISPOSAL SITES
THROUGHOUT THE UNITED STATES AND ENVISIONED A KIND OF WINDSHIELD SURVEY
OF THESE SITES IN AN ATTEMPT TO IDENTIFY THE OPEN DUMPS AND INTIIATE
ACTIONS THAT WOULD LEAD TO THE CLOSURE OR UPGRADING OF THESE DUMPS.
SINCE THAT TIME, I THINK EPA AS WELL AS THE STATES HAVE GAINED A
BROADER INSIGHT INTO THE SCOPE OF THE POPULATION OF LAND DISPOSAL SITES
COVERED UNDER SUBTITLE D, AND TODAY I THINK WE ARE LOOKING AT A NUMBER
ON THE ORDER OF 100,000, POSSIBLY UP TO 200,000 SITES IF WE INCLUDE ALL
OF THE INDUSTRIAL PITS, PONDS AND LAGOONS THAT WOULD QUALIFY AS LAND
DISPOSAL SITES UNDER SUBTITLE D.
WE RECOMMEND AT THIS TIME THAT BECAUSE OF THE COMPLEXITY OF THE
CRITERIA FOR INSPECTING THESE SITES AND THE LARGE NUMBER OF SITES, THAT
THE CONGRESS DIRECT EPA TO FIRST IDENTIFY THE TOTAL POPULATION OF LAND
DISPOSAL SITES THAT WOULD BE ENCOMPASSED UNDER SUBTITLE D. WE DO NOT
HAVE THIS TOTAL CENSUS OR TOTAL POPULATION AT THIS TIME.
ONCE THE TOTAL POPULATION IS IDENTIFIED, THEN THE SITES SHOULD BE
PRIORITIZED IN TERMS OF THE DEGREE OF THREAT THEY PRESENT TO THE
ENVIRONMENT AND THE PUBLIC. ONCE THE PRIORITIZATION IS COMPLETE, THEN
THE SURVEY CAN GET UNDER WAY AND THE SITES SHOULD BE INSPECTED AND
CLASSIFIED IN ACCORDANCE WITH THE PRIORITIZATION SCHEME.
IF SUCH AN APPROACH IS NOT DEVELOPED, WE FEEL THERE IS A STRONG
LIKELIHOOD THAT MANY OF THE SITES WHICH POSE SERIOUS THREATS TO THE
ENVIRONMENT MAY NEVER ACTUALLY BE INSPECTED IN THE SURVEY. THE
PRIORITIZATION SCHEME WOULD OFFER A CHANCE TO HAVE THE UNIFORM AND
CONSISTENT SURVEY DEALING WITH THE MOST CONSISTENT PROBLEMS IN THEIR
ORDER OF IMPORTANCE.
PERHAPS MORE IMPORTANT TO OUR COMMENTS THIS MORNING ARE THE
RECOMMENDATIONS WE WISH TO MAKE WITH THE SUBTITLE C PROGRAM. FIRST, LET
ME SAY WE WERE ENTHUSED WITH THE ANACTMENT OF THE SUBTITLE C PROGRAM,
AND WE FEEL THAT IT OFFERS FOR THE FIRST TIME A NATIONAL PROGRAM FOR
REGULATING HAZARDOUS WASTES FROM CRADLE TO GRAVE. THERE ARE SEVERAL
TECHNICAL AMENDMENTS WHICH SHOULD BE CONSIDERED FOR SUBTITLE C, AND ONE
MAJOR AMENDMENT.
I WOULD LIKE TO FOCUS ON THE MAJOR AMENDMENT FIRST, WHICH ADDRESSES
THE QUESTION OF THE FINANCIAL RESPONSIBILITY FOR HAZARDOUS WASTE SITES
DURING THE POST-CLOSURE PERIOD. EPA HAS PROMULGATED REGULATIONS THAT
ADDRESS FINANCIAL RESPONSIBILITY DURING THE OPERATING PERIOD FOR SITES
PERMITTED UNDER THE ACTS. THESE REGULATIONS REQUIRE THE ESTABLISHMENT
OF A CLOSURE FUND, A CLOSURE TRUST FUND, AS WELL AS A TRUST FUND THAT
WOULD BE AVAILABLE TO MONITOR AND MAINTAIN THESE SITES DURING THE
POSTCLOSURE PERIOD.
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BUT EPA FOR THE PAST 2 YEARS HAS LOOKED TO THE PRIVATE INSURANCE
INDUSTRY AS A POTENTIAL SOURCE OF LIABILITY COVERAGE FOR THESE SITES
ONCE THEY ARE CLOSED. I THINK IT HAS BECOME EVIDENT IN THE LAST FEW
MONTHS TO EPA, AS WELL AS TO THOSE IN THIS FIELD, THAT THERE IS NO
PRIVATE INSURANCE INDUSTRY AVAILABLE TO COVER THE LONG-TERM LIABILITY OF
CLOSED HAZARDOUS WASTE SITES.
FOR THIS REASON, OUR ASSOCIATION DEVELOPED A PROPOSAL WHICH WOULD
CREATE A FEDERAL LIABILITY INSURANCE FUND PAID FOR ENTIRELY BY PRIVATE
MONEY CONTRIBUTED THROUGH THE OPERATION OF THE HAZARDOUS WASTE SITES
PERMITTED UNDER THE ACT. THIS FUND WOULD BE A FUND AVAILABLE TO PROTECT
THE PUBLIC IN PERPETUITY SHOULD THERE BY ANY DAMAGES, BOTH TO PROPERTY
OR TO PERSONS, OCCURRING AS A RESULT OF SOME UNFORESEEN OR INADVERTENT
ACTION THAT MIGHT OCCUR AT THESE SITES DURING THE CLOSURE PERIOD.
THE FUND WOULD BE AVAILABLE ONLY FOR THE SITES PERMITTED UNDER THE
ACT. IT WOULD NOT INCLUDE ABANDONED SITES OR SITES WHICH WERE NOT
QUALIFIED TO HAVE SUCH A PERMIT. THE OTHER ASPECT OF THE PROPOSAL,
WHICH I WILL APPEND TO MY TESTIMONY THIS MORNING IF I MAY, SIR, AS WELL
AS THE RECOMMENDATIONS IN THE GAO REPORT ISSUED IN DECEMBER OF LAST YEAR
THAT ADDRESSED THIS QUESTION.
THE OTHER ASPECT I THINK IS MOST IMPORTANT FOR CONSIDERATION AT THIS
TIME IS THAT WITHOUT SUCH A FUND, THERE WILL BE NO MECHANISM TO PROTECT
THE PUBLIC IN PERPETUITY OR IN THE LONG TERM, IF I CAN USE THAT TERM,
FROM THE SITES THAT WILL BE PERMITTED UNDER THE PROGRAM. IT IS THE
MISSING LINK OR THE MISSING GAP IN THE LEGISLATION AS WE SEE IT.
I WOULD LIKE TO ASK DR. JOHNSON IF HE WOULD ALSO COVER THE OTHER
AMENDMENTS UNDER SUBTITLE C.
(TESTIMONY RESUMES ON P. 308.)
(MR. WINGERTER'S PREPARED STATEMENT FOLLOWS:)
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GOOD MORNING, MR. CHAIRMAN AND MEMBERS OF THE COMMITTEE. MY NAME IS
EUGENE J. WINGERTER. I AM EXECUTIVE DIRECTOR OF THE NATIONAL SOLID
WASTES MANAGEMENT ASSOCIATION, THE TRADE ASSOCIATION REPRESENTING MORE
THAN 2,000 PRIVATE COMPANIES ENGAGED IN THE COLLECTION, PROCESSING AND
DISPOSAL OF SOLID WASTE AND HAZARDOUS WASTE. I AM GRATEFUL FOR THIS
OPPORTUNITY TO SHARE WITH YOU THE PERSPECTIVE OF THE WASTE MANAGEMENT
INDUSTRY ON THE FUTURE DIRECTIONS OF FEDERAL WASTE MANAGEMENT
LEGISLATION.
ALTHOUGH IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT
OF 1976 HAS FALLED BEHIND ITS STATUTORILY-IMPOSED TIMETABLE, THE
PROSPECT OF A CONSTRUCTIVE FEDERAL PROGRAM WITH POSITIVE REINFORCEMENT
TO SOUND WASTE MANAGEMENT PROGRAMS HAS PROMOTED BETTER WASTE MANAGEMENT
PRACTICES IN THIS COUNTRY. THE ACT SHOULD BE IMPROVED AND EXTENDED FOR
ANOTHER THREE YEARS, AT LEAST.
THE MORE RAPIDLY WE CAN ASSURE THE IMPLEMENTATION OF MODERN DISPOSAL
TECHNIQUES, THE SOONER WE CAN PUT BEHIND US THE ENVIRONMENTAL INSULT
WHICH SOME PAST PRACTICES HAVE INFLICTED. WE READ IN THE PAPERS AND SEE
ON TV THE STORIES ABOUT THE LOVE CANAL AND THE VALLEY OF THE DRUMS. THE
U.S. ENVIRONMENTAL PROTECTION AGENCY TELLS US THAT THERE ARE OTHER
EXAMPLES OF BLATANT MISMANGEMENT WHICH ARE YET TO COME TO PUBLIC
ATTENTION.
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LET US REMEMBER THAT RCRA IS TO ASSURE THAT THESE PAST PRACTICES OF
MISMANAGEMENT ARE NOT PERPETUATED INTO THE FUTURE. THE SOONER WE CAN
ASSURE THAT CURRENTLY-GENERATED WASTES ARE DIRECTED TO PROPER TREATMENT
AND DISPOSAL FACILITIES, THE SOONER WE CAN ASSURE THE PEOPLE OF THE
UNITED STATES THAT WE HAVE A PROGRAM IN PLACE WHICH WILL PROTECT BOTH
THEIR LIVING ENVIRONMENT AND THEIR STANDARD OF LIVING AND LIFESTYLES.
WE STRONGLY URGE THE COMMITTEE TO PRESS FORWARD WITH THE RCRA PROGRAM
AND NOT DILUTE ITS ESSENTIAL ELEMENTS STRICT ENVIRONMENTAL STANDARDS FOR
ALL DISPOSAL AND THE REGULATORY PROGRAM FOR HAZARDOUS WASTES -- BY
SHARING THE LIMITED RESOURCES AVAILABLE WITH OTHER LOWER PRIORITY
PROGRAMS.
THERE ARE SEVERAL AREAS WHICH WE FEEL CONGRESS SHOULD ADDRESS
LEGISLATIVELY AS PART OF THE REAUTHORIZATION OF THE RESOURCE
CONSERVATION AND RECOVERY ACT. I WILL MENTION FOUR AREAS TODAY AND
WOULD BE HAPPY TO WORK WITH YOU AND YOUR STAFF IN ADDRESSING ANY OF THE
ISSUES WHICH YOU FEEL MAY REQUIRE AN AMENDMENT TO THE PRESENT
LEGISLATION.
LET ME FIRST ADDRESS THE PROBLEMS WHICH HAVE RISEN IMPLEMENTING
SUBTITLE D. IT SHOULD NOT BE SURPRISING THAT THE U.S. EPA HAS FAILED TO
COMPLY WITH THE STATUTORY DEADLINES OF RCRA. IN 1976, THE UNIVERSE OF
THE PROBLEM WAS GENERALLY CONCEIVED TO BE ABOUT 20,000 DISPOSAL SITES.
THE CONCEPT OF AN INVENTORY WAS CONCEIVED AS A "WINDSHIELD SURVEY," THAT
IS, A SURVEY BASED ON SUPERFICIAL, VISUAL INSPECTIONS, WHICH WOULD
DTTERMINE SUCH THINGS AS LITTER CONTROL, ACCESS LIMITATION, AND COVER
PRACTICES. BUT THE DEFINIITIONS AND THE MANDATE OF RCRA HAS
NECESSITATED A MUCH LARGER AND MORE COMPLEX IMPLEMENTATION EFFORT.
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NEVERTHELESS, SIGNIFICANT PROGRESS HAS BEEN MADE. DETAILED CRITERIA
DETERMINING ACCEPTABLE DISPOSAL PRACTICES ARE VERY NEARLY READY.
GUIDELINES FOR IMPLEMENTATION OF STATE PROGRAMS ARE ALSO NEARLY READY TO
GO. AND, THE EVALUATION PROCEDURE FOR TESTING SITES TO DETERMINE THEIR
ENVIRONMENTAL SUITABILITY IS BEING DEVELOPED.
THE STATE SOLID WASTES MANAGEMENT PROGRAMS,, DURING THE SAME PERIOD
HAVE BEEN IMPROVING DRAMATICALLY. AMONG THE 14,392 DISPOSAL SITES
ACCEPTING MUNICIPAL REFUSE, ONLY ABOUT 3,000 WILL NEED TO BE UPGRADED OR
CLOSED ACCORDING TO A JANUARY, 1979, SURVEY OF NATIONAL DISPOSAL
PRACTICES CONDUCTED BY WASTE AGE MAGAZINE.
THE BUDGETS AND REGULATORY CAPACITY OF STATE SOLID WASTES AGENCIES IS
IMPROVING RAPIDLY, IN PART AS A RESPONSE TO THE ANTICIPATED
RESPONSIBILITIES WHICH STATES WILL UNDERTAKE AS PART OF THE RCRA
PROGRAM.
INSTEAD OF THE ORIGINAL 20,000 SITES WHICH MOST EXPERTS FELT WOULD BE
INCLUDED IN THE RCRA PROGRAM, THE U.S. EPA PRESENTLY CALCULATES THAT
BETWEEN 100,000 AND 200,000 FACILITIES WILL BE COVERED. THE DRAMATIC
INCREASE RESULTS FROM THE INCLUSION OF INDUSTRIAL PITS, PONDS AND
LAGOONS AS DISPOSAL SITES FOR WASTES DEFINED UNDER RCRA WHICH MUST BE
INCLUDED IN THE REGULATORY PROGRAM. EVEN THIS ENORMOUS NUMBER MIGHT BE
CONSIDERED BY ONE WHO HAS READ THE STATUTE CLOSELY AS A CONSERVATIVE
INTERPRETATION OF EPA'S RESPONSIBILITIES. UNDER THE ACT, EPA WAS
DIRECTED TO UPGRADE "OPEN DUMPS." THE TERM "OPEN DUMP" MEANS ANY
FACILITY OR SITE WHERE SOLID WASTE IS DISPOSED OF WHICH IS NOT A
SANITARY LANDFILL . . .AND WHICH IS NOT A FACILITY FOR DISPOSAL OF
HAZARDOUS WASTES."
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THIS COULD BE TAKEN TO INDICATE THAT EVERY ACRE OF CIVILIZED AMERICA,
CERTAINLY INCLUDING THE STREETS OF EVERY AMERICAN CITY, IS A CANDIDATE
FOR LISTING AS AN "OPEN DUMP." EPA HAS ADOPTED A MORE LIMITED
INTERPRETATION OF CONGRESSIONAL INTENT, BUT THE SCOPE OF THE INVENTORY
IS SO LARGE THAT PRIORITIES MUST BE ESTABLISHED.
THE VAST GOALS AND THE LIMITED RESOURCES AVAILABLE TO IMPLEMENT THE
RCRA PROGRAM, HOWEVER, POINT OUT THE ESSENTIAL SHORTCOMING OF THE
SUBTITLE D PROGRAM. THE PRINCIPLE INTENT OF SUBTITLE D IS TO ASSURE
THAT ALL WASTES BE HANDLED IN AN ENVIRONMENTALLY APPROVED MANNER. WE
FEEL THAT THE ORIGINAL LEGISLATION SHOULD BE AMENDED TO REFLECT
CONGRESSIONAL PRIORITIES ON WHICH THE EPA SHOULD BE DIRECTED TO FOCUS
ITS RESOURCES. SPREAD TOO THINLY, THE PROGRAM WILL CONTINUE TO BE
BOGGED DOWN IN PAPERWORK AND UNABLE TO ACHIEVE ITS OBJECTIVES. WITHOUT
PROVIDING VASTLY INCREASED RESOURCES, IT WOULD BE BOTH UNFAIR AND
UNREALISTIC TO EXPECT THE EPA TO COMPLETE AN INVENTORY OF EACH AND EVERY
LAND DISPOSAL SITE IN THE NATION WITH AN EQUAL THOROUGHNESS.
THE INVENTORY PROCESS IS ALREADY FAR BEHIND SCHEDULE. WE SUGGEST
THAT CONGRESS TAKE STEPS IN THE REAUTHORIZATION OF RCRA TO ACCELERATE
THE PROCESS OF CLOSING OPEN DUMPS BY ATTACKING THE PROBLEM WHERE THEY
ARE MOST SERIOUS FIRST.
CONGRESS SHOULD REDIRECT THE INVENTORY BY AMENDING THE CHARGE GIVEN
TO EPA IN THE MATTER OF LISTING ALL OPEN DUMPS. RATHER, EPA SHOULD BE
DIRECTED TO PUBLISH A LIST OF ALL LAND DISPOSAL SITES IN THE NATION.
THIS WOULD ENTAIL NO JUDGMENT AS TO WHETHER THE SITE MET THE CRITERIA
FOR BEING CLASSIFIED AN ACCEPTABLE SANITARY LANDFILL. NEXT, CONGRESS
SHOULD DIRECT EPA TO ESTABLISH PRIORITIES BASED ON THE POTENTIAL THREAT
WHICH EACH SITE REPRESENTS.
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THE CRITERIA WOULD BE USED TO RANK ALL SITES WITHIN EACH STATE IN THE
ORDER OF THEIR GREATEST POTENTIAL THREAT TO LEAST POTENTIAL THREAT.
AGAIN, THIS RANKING WOULD REPRESENT NO JUDGMENT ON THE ADEQUACY OF THE
SITE IN MEETING THE ESTABLISHED ENVIRONMENTAL STANDARDS. THE PRIORITIES
WOULD, RATHER, BE BASED ON SUCH FACTORS AS THE GEOLOGY AND HYDROLOGY OF
THE SITE, THE SIZE AND REMAINING LIFE OF THE FACILITY, THE PROXIMITY OF
THE FACILITY TO PEOPLE, AND THE TYPES OF WASTES WHICH ARE DEPOSITED IN
THE FACILITIES. SUCH A RANKING OF PRIORITIES IN PRESENTLY BEING
DEVELOPED BY EPA AS PART OF ITS STUDY OF LAGOONS IN CONNECTION WITH THE
SAFE DRINKING WATER ACT. THE FINAL STEP, THEN, WOULD BE TO HAVE THE EPA
DIRECT THAT THE INVENTORY BE CONDUCTED WITHIN EACH STATE IN PRIORITY
ORDER, FIRST SURVEYING THOSE SITES WITH THE GREATEST POTENTIAL THREAT
WHILE RESERVING LESS THREATENING FACILITIES FOR LATER IN THE INVENTORY
PROCESS.
AMENDMENTS ALONG THIS LINE WOULD ASSURE THAT THE PROCESS COULD
PROCEED QUICKLY. A LIST OF ALL SITES IN MOST STATES COULD BE COMPILED
IMMEDIATELY FROM EXISTING RECORDS SINCE PUBLICATION OF SUCH A LIST WOULD
NOT ENTAIL JUDGMENT OF ANYTHING OTHER THAN THAT THE FACILITY ACCEPTS
DEFINED SOLID WASTES. PROVISION COULD BE MADE FOR CITIZENS TO ADD SITES
TO THE LIST. SUCH AN AMENDMENT WOULD ALSO MAXIMIZE THE COST-BENEFIT
IMPACT OF THE INVENTORY BY ADDRESSING THE MOST POTENTIALLY SERIOUS
SITUATIONS FIRST; ASSURING THE PUBLIC THAT THE SURVEY HAS DIRECT
BENEFITS TO THEM. ALSO, SINCE EPA IS ALREADY DEVELOPING THE CRITERIA
FOR DETERMINING PRIORITIES AS PART OF ITS IMPLEMENTATION EFFORT UNDER
THE SAFE DRINKING WATER ACT, AND SINCE THE CRITERIA FOR ESTABLISHING
WHETHER A FACILITY IS AN "OPEN DUMP" OR A "SANITARY LANDFILL" IT CAN
REASONABLY BE EXPECTED THAT EPA COULD CARRY OUT SUCH AN ALTERED PROGRAM
WITHOUT ANY UNDUE DELAY.
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SUCH AN ALTERATION OF THE APPROACH TO THE OPEN DUMP INVENTORY WOULD
ALSO PROTECT THE INTEGRITY OF THE PROCESS FROM ANY FURTHER BUDGETARY
CONSTRAINTS WHICH MIGHT BE IMPOSED BY EITHER CONGRESS OR THE
ADMINISTRATION.
LET ME TURN MY ATTENTION NOW FOR A FEW MOMENTS TO THE QUESTION OF THE
HAZARDOUS WASTES PROGRAM UNDER SUBTITLE C. I WOULD LIKE TO COMMENT
BRIEFLY ON THE TECHNICAL CHANGE WHICH WILL BE REQUIRED TO ENSURE FAIR
TREATMENT OF NEW FACILITIES AS THEY COME ON LINE AND THEN ADDRESS TWO
MORE COMPREHENSIVE CONCERNS WHICH WOULD BE APPROPRIATE TO ADDRESS IN
REAUTHORIZATION OR IN A SUBSEQUENT AMENDMENT TO RCRA.
A TECHNICAL AMENDMENT TO RCRA TO WHICH I REFERRED CONCERNS THE
"INTERIM STATUS" PROVISIONS OF SECTION 3005(E). THAT SECTION ACCORDS
INTERIM STATUS TO "ANY PERSON WHO OWNS OR OPERATES A FACILITY REQUIRED
TO HAVE A PERMIT UNDER THIS SECTION WHICH FACILITY IS IN EXISTENCE ON
THE DATE OF ENACTMENT OF THIS ACT" (EMPHASIS ADDED). THE PROBLEM IS
THAT A NUMBER OF NEW FACILITIES WHICH WE EXPECT WILL SATISFY THE FINAL
REQUIREMENTS OF RCRA HAVE COME INTO EXISTENCE SINCE OCTOBER 21, 1976.
THE PRESENT LANGUAGE OF SECTION 3005(E) WOULD DENY INTERIM STATUS TO
SUCH SITES. THIS MEANS THAT, FOLLOWING PROMULGATION OF THE REGULATIONS
(AT THE END OF THIS YEAR), THOSE FACILITIES WOULD HAVE TO MAKE
APPLICATION FOR A RCRA PERMIT AND CLOSE THEIR DOORS FOR A PERIOD OF AT
LEAST ONE YEAR AND POSSIBLY AS MANY AS 3-5 YEARS WHILE THEIR PERMIT
APPLICATION GO THROUGH THE PROTRACTED PROCEDURE REQUIRED TO SECURE
APPROVAL. THE PROBLEM COULD BE PARTICULARLY PRONOUNCED IN THE STATE OF
CALIFORNIA WHERE SEVERAL NEW AND GOOD FACILITIES HAVE BEEN OPENED IN THE
LAST TWO YEARS.
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WE SUGGEST THAT CONGRESS RECTIFY THIS SITUATION BY AMENDING SECTION
3005(E) TO EXPEND INTERIM STATUS TO ANY PERSON WHO OPERATES A FACILITY
WHICH IS IN EXISTENCE ON THE DATE OF PROMULGATION OF THE FINAL
REGULATIONS. SUCH AN AMENDMENT WOULD BE ENTIRELY WITHIN THE INTENT OF
CONGRESS IN ENACTING RCRA.
IN ANOTHER AREA, IT HAS NOW BECOME OBVIOUS, AFTER TWO AND A HALF
YEARS EXPERIENCE WITH RCRA, THAT THERE IS A GAP IN THE PUBLIC PROTECTION
AFFORDED BY SECTION 3004(6) REQUIRING HAZARDOUS WASTES FACILITIES TO
ASSURE FINANCIAL RESPONSIBILITY. EPA, IN ACCORDANCE WITH RCRA, HAS
DEVELOPED PROPOSED REGULATIONS ASSURING THAT OPERATORS OF HAZARDOUS
WASTES FACILITIES HAVE THE FINANCIAL WHEREWITHAL TO DEAL WITH PROBLEMS
WHICH THEIR FACILITIES MIGHT CAUSE. THESE REGULATIONS INCLUDE
REQUIREMENTS THAT COMPANIES HAVE SUFFICIENT RESERVES TO COVER DAMAGES
AND CORRECTIVE ACTIONS DURING THE FACILITY'S OPERATING LIFE AND
REQUIREMENTS THAT EACH OPERATOR CREATE A TRUST FUND TO ASSURE TAHT
MONIES BE AVAILABLE INTO THE FUTURE TO PAY THE COST OF ROUTINE CARE OF
MAINTENANCE OF THE SITE. EPA HAD HOPED THAT COMPANIES COULD BE REQUIRED
TO PURCHASE INSURANCE AGAINST ANY ENVIRONMENTAL DAMAGES WHICH THESE
FACILITIES MIGHT CAUSE IN THE FUTURE, BUT, WE NOW KNOW, THAT SUCH
INSURANCE IS UNAVAILABLE FROM COMMERCIAL COMPANIES AND UNLIKELY TO BE
OFFERED IN THE FUTURE.
THE PUBLIC DESERVES THIS PROTECTION. WHILE WE EXPECT THAT THE NEW
AND STRINGENT REGULATIONS OF RCRA WILL LARGELY PREVENT ANY FUTURE
INCIDENTS SUCH AS THE LOVE CANAL, WE ALSO KNOW THAT THE UNEXPECTED
SOMETIMES OCCURS. IT IS CONCEIVABLE THAT THINGS THAT WE DO NOT KNOW
ABOUT WASTES TODAY MIGHT RESULT IN THE EVENTUAL DISCHARGE OF
CONTAMINANTS FROM EVEN THE SITES WHICH WE DEEM SUPERIOR BY TODAY'S
STANDARDS. WE DO NOT EXPECT THAT THIS WILL BE THE CASE.
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ON THE OTHER HAND, HANDLING THESE HAZARDOUS WASTES IA A SOCIETAL
IMPERATIVE. IT MAKES ABSOLUTELY NO ECONOMIC SENSE, AND NO ENVIRONMENTAL
SENSE TO DESIGN A MULTITIDE OF FACILITIES TO HANDLY THESE WASTES. THAT
MEANS THAT CERTAIN COMMUNITIES WILL BE ASKED TO HOST DISPOSAL FACILITIES
WHEREIN SOCIETY CAN ASSURE THAT ITS WASTES ARE PROPERLY MANAGED.
SOCIETY AS A WHOLE OWES THESE COMMUNITIES EVERY ASSURANCE THAT IN THE
EVENTUALITY THAT FUNDS WILL BE REQUIRED TO CORRECT ENVIRONMENTAL DAMAGE
OR COMPENSATE VICTIMS OF ANY TOXIC DISCHARGE, THAT THOSE FUNDS WILL BE
AVAILABLE AND FORTHCOMING. RCRA DOES NOT CONTAIN PROVISIONS WHICH
PROVIDE THIS ASSURANCE.
WE RECOMMEND THAT YOU AMEND RCRA TO CREATE A NATIONAL HAZARDOUS
WASTES INSURANCE FUND ADMINISTERED BY THE FEDERAL GOVERNMENT BUT FUNDED
BY CONTRIBUTIONS FROM THOSE WHO MANAGE HAZARDOUS WASTES. WE HAVE
DEVOTED CONSIDERABLE TIME AND ATTENTION TO DEVELOPING THIS PROPOSAL AND
DISCUSSING IT WITH INDUSTRY AND ENVIRONMENTAL GROUPS AND THE U.S. EPA.
AFTER A CAREFUL STUDY OF THIS PROBLEM, THE U.S. GENERAL ACCOUNTING
OFFICE REPORTED TO THE CONGRESS THAT IT RECOMMENDED LEGISLATIVE CREATION
OF A FUND MODELED ON THAT WHICH WE HAVE DEVELOPED. I WILL APPEND A COPY
OF THE GAO REPORT AND A SUMMARY AND COMPLETE TEXT OF PROPOSED
LEGISLATION TO ACCOMPLISH THIS OBJECTIVE TO MY WRITTEN STATEMENT AND ASK
YOUR PERMISSION THAT IT BE MADE PART OF THE PERMANANT RECORD OF THIS
HEARING.
CREATION OF SUCH A FUND WHICH WOULD BE AVAILABLE TO PAY, WITHOUT
LIMIT, THE DAMAGES WHICH MIGHT BE AWARDED BY THE COURTS OR BY THE
ADMINISTRATOR OF THE FUND WILL GO A LONG WAY TOWARDS REASSURING CITIZENS
LIVING NEAR THESE FACILITIES THAT THEY ARE PROTECTED NOT ONLY BY THE
STRINGENT STANDARDS WHICH THESE FACILITIES WILL BE REQUIRED TO MEET, BUT
BY THE FINANCIAL CAPACITY TO REDRESS ANY DAMAGES WHICH MAY OCCUR.
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I WOULD LIKE TO RE-EMPHASIZE THAT THESE FUNDS WILL BE ENTIRELY
OFF-BUDGET, CONTRIBUTED BY OUR INDUSTRY AND THAT THIS PROPOSAL ENTAILS
NO FINANCIAL OUTLAY BY THE FEDERAL GOVERNMENT NOR ANY RESIDUAL LIABILITY
TO THE GOVERNMENT. IN THE EVENT THAT CLAIMS MADE AGAINST THE FUND
EXHAUST AVAILABLE MONIES, THE FUND ADMINISTRATOR WILL BORROW MONEY AT
INTEREST AND INCREASE THE SURCHARGE TO REPLENISH THE FUND AND REPAY ANY
BORROWED MONIES.
AS THE SAME GAO REPORT NOTES, THE SECOND "SERIOUS QUESTION THAT
NEEDS TO BE RESOLVED" CONCERNING DISPOSAL OF HAZARDOUS WASTES IS
THAT OF FINDING A MEANS TO BRING THE NECESSARY FACILITIES INTO
BEING. NO MATTER HOW STRICT THE REGULATORY PROGRAM TRACKING WASTES
"CRADLE TO GRAVE," IF THERE IS NO PROPERLY DESIGNED FACILITY
TO RECEIVE THE WASTES, THE ENTIRE PROGRAM WILL FAIL. COMPLICATING
THE MATTER, THIS HAS BECOME A SORT OF CHECKEN AND EGG SITUATION.
LACKING FACILITIES, THERE IS LITTLE INCENTIVE TO CREATE THE
MANIFEST SYSTEM AND DEDICATE DOLLARS TO ENFORCING THE TRACKING
PROGRAM. ON THE OTHER HAND, LACKING AN EFFECTIVE ENFORCEMENT
PROGRAM, THERE IS LITTLE INCENTIVE TO MAKE THE MULTI-MILLION
DOLLAR INVESTMENT IN NEW FACILITIES. PROPER TREATMENT AND
DISPOSAL IN PERMITTED FACILITIES WILL COST MORE THAN THE INITIAL
COST OF PROMISCOUS DUMPING OF THESE WASTES IN THE WOODS, STORM
SEWERS OR ALONG THE SIDE OF THE HIGHWAY ALTHOUGH THE ULTIMATE COST
OF SUCH ACTIONS IS ENORMOUS. UNLESS AN ENFORCEMENT PROGRAM
REQUIRES THESE WASTES BE PROPERLY HANDLED, THE ECONOMIC INCENTIVE
FOR THE GENERATOR DISCOURAGES PROPER DISPOSAL.
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LET ME QUOTE AN EXCELLENT CAPSULE OF THE SITUATION FROM THE SAME GAO
REPORT:
THE DEVELOPMENT OF ENVIRONMENTALLY SOUND DISPOSAL FACILITIES IS
ESSENTIAL TO THE SUCCESSFUL IMPLEMENTATION OF THE HAZARDOUS WASTES
REGULATORY PROGRAM MANDATED BY THE RESOURCE CONSERVATION AND RECOVERY
ACT OF 1976. THIS CAPABILITY DOES NOT NOW EXIST. THERE IS CURRENTLY A
SHORTAGE OF SUITABLE DISPOSAL SITES AND THE PROBLEM WILL BECOME EVEN
MORE ACUTE AS ADDITIONAL WASTES ARE DETERMINED TO BE HAZARDOUS, EXISTING
SITES ARE CLOSED BECAUSE THEY DO NOT MEET ENVIRONMENTAL REQUIREMENTS,
AND WASTES WHICH ARE BEING DISPOSED OF ON PRIVATE PROPERTY ARE TAKEN TO
OFFSITE FACILITIES. EFFECTIVE IMPLEMENTATION OF THE PROGRAM CANNOT BE
ACCOMPLISHED UNLESS ADDITIONAL TREATMENT, STORAGE, AND DISPOSAL CAPACITY
CAN BE DEVELOPED.
THE ABSENCE OF AN ENFORCEABLE HAZARDOUS WASTES PROGRAM AND PUBLIC
OPPOSITION TO SITING NEW FACILITIES -- NOT TECHNICAL OR ECONOMIC FACTORS
- ARE INHIBITING THE EXPANSION OF COMMERCIAL CAPACITY. ALTHOUGH TIMELY
IMPLEMENTATION OF THE FEDERAL HAZARDOUS WASTES PROGRAM SHOULD PROVIDE
THE INCENTIVE FOR CREATIVE FOR NEW CAPACITY, THE SITING PROBLEM STILL
MUST BE OVERCOME. SEVERAL SOLUTIONS HAVE BEEN SUGGESTED OR TRIED,
INCLUDING SITING FACILITIES ON PUBLIC LAND, HOWEVER, ALL HAD ENCOUNTERED
SIMILAR PROBLEMS."
IN ADDITION, IT WOULD BE FAIR TO SAY THAT THE SITING PROBLEM MORE
SERIOUSLY AFFECTS THE CREATION OF OFFSITE DISPOSAL CAPACITY. ONSITE
FACILITIES HAVE GENERALLY BEEN "INVISIBLE" BECAUSE THEY ARE JUST A SMALL
PART OF A LARGE INDUSTRIAL FACILITY. OFFSITE FACILITIES ON THE OTHER
HAND, ARE READILY IDENTIFIED AND BECOME THE FOCAL POINT FOR PUBLIC
CONCERN. THE SITING PROBLEM IS EXACERBATED, THEN, IF THE EXPECTED SHIFT
FROM ONSITE TO OFFSITE DISPOSAL CONTINUES. AS THE GAO REPORTS:
"IN 1976 THE EPA HAZARDOUS WASTES MANAGEMENT DIVISION AND DIRECTOR
REPORTED THAT 82% OF THE HAZARDOUS WASTES GENERATED IN 12 MAJOR
GENERATING INDUSTRIES WAS TREATED OR DISPOSED OF ON THE WASTES
GENERATORS' PROPERTY AND ASSUMED THAT THIS WOUDL REMAIN THE SAME THROUGH
1983.
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HOWEVER, ONSITE DISPOSAL GENERALLY HAS NOT BEEN ANY BETTER THAN
OFFISTE DISPOSAL. BASED ON THE EPA CASE STUDIES, 63% OF THE DAMAGE
INSIDENTS WERE ATTRIBUTABLE TO ONSITE DISPOSAL. INSTEAD OF INCURRING
THE ADDITIONAL COST TO COMPLY WITH NEW RCRA TREATMENT AND DISPOSAL
STANDARDS, SOME COMPANIES MAY DECIDE TO CHANGE TO OFF SITE HAZARDOUS
WASTES MANAGEMENT FACILITIES."
ACCORDING TO A 1977 EPA-FUNDED STUDY, THE LACK OF LAND NEAR PLANTS IN
URBAN AREAS, PUBLIC RESISTANCE TO ESTABLISHING DISPOSAL FACILITIES, AND
DIFFICULTY IN LOCATING SITES TO MEET THE REQUIREMENTS FOR HAZARDOUS
WASTES DISPOSAL WILL TEND TO FORCE INDIVIDUAL PLANT OPERATORS TOWARDS
OFFSITE DISPOSAL BY CONTRACTORS.
AS THE EPA ALSO NOTES, HOWEVER, "PUBLIC OPPOSITION IS THE MAJOR
BARRIER TO EXPANDING DISPOSAL CAPACITY." WE STRONGLY URGE THE CONGRESS
TO RESOLVE THE SITING NOTTLENECK AND THUS ASSURE THAT ADEQUATE CAPACITY
EXISTS TO ACCOMODATE THE EXPANDED WASTES STREAM WHICH WILL BE DIRECTED
TO PROPER FACILITIES UNDER RCRA.
SPECIFICALLY, WE RECOMMEND THAT SECTION 3005(C) BE AMENDED SO THAT
THE EPA, WHICH IS GIVEN THE RESPONSIBILITY TO ASSURE THAT ALL THESE
WASTES REACH PROPER FACILITIES, BE GIVEN THE AUTHORITY TO ASSURE THAT
SUCH FACILITIES DO, IN FACT, EXIST TO RECEIVE THESE WASTES. UNDER RCRA,
WHERE A STATE DOES NOT ELECT TO PURSUE CERTIFICATION TO ADMINISTER
SUBTITLE C, THE U.S. EPA WILL HAVE DIRECT RESPONSIBILITY FOR OPERATING
THE PROGRAM IN THAT STATE. IN ORDER TO ACCOMPLISH ITS MANDATE, EPA MUST
BE ABLE TO OVERRIDE ANY STATE OR LOCAL LAWS WHICH FRUSTRATE THE SITING
OF THESE BADLY NEEDED FACILITIES. THEREFORE, EPA SHOULD BE GRANTED
POWER TO ISSUE PREEMPTIVE CERTIFICATIONS OF APPROVAL FOR THESE
FACILITIES. IT FOLLOWS, THEN, THAT IN STATES ELECTING TO MANAGE THEIR
OWN PROGRAMS, THE RCRA REQUIREMENT FOR A "SUBSTANTIALLY EQUIVALENT"
PROGRAM WOULD REQUIRE THE STATE TO ENACT LEGISLATION WHICH WOULD PREVENT
THE FRUSTRATION OF SITING BY LOCAL PARTIES.
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SUCH AN AMENDMENT TO THE ACT MIGHT BE PLACED FOLLOWING THE FIRST
SENTENCE OF SECTION 3005(C). AS A SUGGESTION, LANGUAGE FROM A PROPOSED
LAW IN THE STATE OF FLORIDA MIGHT BE INCORPORATED INTO RCRA AT THIS
POINT.
"NO POLITICAL SUBDIVISION OF THE STATE SHALL ADOPT OR ENFORCE ANY
ACTION, RULE, ORDINANCE OF STANDARD WHICH WILL OPERATE TO PREVENT THE
LOCATION OR OPERATION OF A HAZARDOUS WASTES TRANSPORTER, PROCESSOR,
STORER, OR DISPOSER WHO IS ISSUED A PERMIT."
IT IS THE EXPERIENCE OF OUR INDUSTRY AND REGULATORY OFFICIALS, THAT
LOCAL POLITICAL DECISION MAKING IN THIS MATTER FRUSTRATES THE ENDS OF
RATIONAL HAZARDOUS WASTES MANAGEMENT. ONLY BY ASSURING THAT THE SITING
DECISION IS REACHED ON THE BASIS OF A TECHNICAL EVALUATION OF THE
SUITABILITY AND NEED FOR THE FACILITY CAN WE OVERCOME THIS BARRIER TO
ASSURING THAT ADEQUATE DISPOSAL CAPACITY EXISTS IN THIS COUNTRY TO
ACCOMPLISH THE OBJECTIVES OF RCRA. WE STRONGLY URGE YOU TO INCORPORATE
THIS RECOMMENDATION IN YOUR BILL REAUTHORIZING THE RESOURCE CONSERVATION
AND RECOVERY ACT OF 1976.
THAT CONCLUDES MY FORMAL STATEMENT, I WILL BE PLEASED TO RESPOND TO
ANY OF YOUR QUESTIONS. THANK YOU AGAIN FOR THIS OPPORTUNITY TO SHARE
THE VIEWPOINT OF OUR INDUSTRY WITH YOU.
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MR. JOHNSON. GOOD MORNING. MY NAME IS CHARLES JOHNSON. I AM
TECHNICAL DIRECTOR OF THE NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION.
THERE ARE TWO OTHER POINTS WHICH I WOULD LIKE TO COVER VERY BRIEFLY
THIS MORNING. THE FIRST IS A TECHNICAL POINT THAT HAS COME TO OUR
ATTENTION RATHER RECENTLY. WHEN THE CONGRESS PASSED THE RESOURCE
CONSERVATION AND RECOVERY ACT 21/2 YEARS AGO, IT CORRECTLY RECOGNIZED
THAT THERE WOULD BE AN INTERIM PERIOD DURING WHICH TIME THE REGULATIONS
WOULD BE UNDER DEVELOPMENT AND THE PERMITTING PROGRAMS FOR HAZARDOUS
WASTE FACILITIES WOULD BE UNDER CONSTRUCTION.
THEY CORRECTLY PROVIDED AN INTERIM STATUS FOR THOSE SITES WHICH WERE
IN EXISTENCE AT THE TIME THE ACT WAS PASSED, THIS INTERIM STATUS, TO BE
AVAILABLE IN CONTINUITY, PROVIDED THOSE SITES WERE NOT PROVIDING ANY
IMMEDIATE THREAT TO THE ENVIRONMENT. IT WAS FELT THAT THIS WOULD BE THE
WISEST ACTION, RATHER THAN HAVING A PERIOD OF TIME IN WHICH THERE WAS
ESSENTIALLY NO FACILITY AVAILABLE.
UNFORTUNATELY, THE REGULATIONS HAVE TAKEN MUCH LONGER TO DEVELOP THAN
ANYONE WOULD HAVE IMAGINED, I BELIEVE, AND DURING THE PERIOD OF TIME,
21/2 YEARS, THERE HAVE BEEN A NUMBER OF SITES PERMITTED UNDER EXISTING
STATE LEGISLATION AND REGULATIONS.
NOW, A LITERAL READING OF THE ACT WOULD INDICATE THAT THESE NEW SITES
WHICH HAVE BEEN PERMITTED IN THE LAST 21/2 YEARS ARE NOT ELIBIBLE FOR
THIS INTERIM STATUS, AND THEREFORE OUR RECOMMENDATION IS THAT THE
INTERIM STATUS BE MADE AVAILABLE TO THOSE PERSONS WHO OWN OR OPERATE
FACILITIES IN EXISTENCE AT THE TIME THE REGULATIONS ARE FINALLY
PROMULGATED, WHICH PRESUMABLY WILL BE LATER THIS YEAR.
MR. FLORIO. WHAT ASPECT OF THE LAW DO YOU RELY UPON IN YOUR
REPRESENTATION THAT THESE NEW FACILITIES LICENSED BY STATES WILL HAVE TO
ULTIMATELY BE IN COMPLIANCE WITH THE FEDERAL REGULATIONS AND WILL NOT BE
ELIGIBLE WHEN THOSE STATE REGULATIONS ARE HARMONIZED WITH THE FEDERAL
REGULATIONS, WHICH ARE HUST NOW BEING PUBLISHED?
MR. JOHNSON. WE RECOGNIZE ANY SITE THAT HAS BEEN PERMITTED IN THE
LAST 21/2 YEARS WILL HAVE TO COMPLY WITH EITHER THE FEDERAL OR STATE
REGULATIONS, WHICHEVER ARE IN EFFECT AT THAT TIME. IT IS OUR BELIEF
THAT MOST OF THE SITES, AND PERHAPS ALL, THAT HAVE BEEN PERMITTED IN THE
LAST 21/2 YEARS HAVE BEEN PERMITTED WITH THE IDEA THAT THEY WOULD BE IN
COMPLIANCE WITH WHAT WOULD LIKELY BE THE REGULATIONS. OF COURSE, THERE
IS A CHANCE THAT SOME MAY NOT, AND THOSE, OF COURSE, WOULD HAVE TO BE
CLOSED.
WE FEEL THAT THE MAJORITY, AT LEAST OF THE ONES WE ARE AWARE OF, WILL
BE PERMITTABLE UNDER THE NEW FEDERAL PROGRAM.
MR. FLORIO. I THOUGHT I HEARD YOU SAY THAT A FACILITY THAT WAS
PERMITTED 10 YEARS AGO IN THE STATE WILL BE ELIGIBLE FOR THE INTERIM
STATUS, BUT THAT, IN EFFECT, SOMETHING PERMITTED IN THE LAST 21/2 YEARS
THROUGH SOME OEPRATION OF THE LAW COULD NOT BE ELIGIBLE FOR INTERIM
STATUS.
MR. JOHNSON. THAT IS WHAT ONE OBTAINS FROM A LITERAL READING OF THE
ACT.
MR. FLORIO. WE WOULD BE HAPPY TO RECEIVE FROM YOU REFERENCE TO THE
PART OF THE ACT YOU ARE CONCERNED ABOUT SO THAT WE CAN EXAMINE IT.
MR. JOHNSON. IT IS CONTAINED IN OUR FORMAL TESTIMONY, CONGRESSMAN.
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MR. FLORIO. THANK YOU VERY MUCH.
MR. JOHNSON. THE SECOND MATTER I WILL REFER TO IS ALSO IN THE AREA OF
SITING. I THINK WE ARE ALL VERY CONCERNED THAT WE MAY HAVE A REGULATORY
PROGRAM, GOOD REGULATIONS, BUT WITHOUT ANY SITES AVAILABLE WE ARE NOT
GOING TO HAVE EFFECTIVE HAZARDOUS WASTE MANAGEMENT. I THINK THE PROBLEM
IS WELL STATED, AND IF YOU WILL INDULGE ME, I WILL READ ONE PARACRAPH
FROM A RECENT GAO REPORT.
THE ABSENCE OF AN ENFORCEABLE HAZARDOUS WASTE PROGRAM AND PUBLIC
OPPOSITION TO SITING NEW FACILITIES, NOT TECHNICAL OR ECONOMIC FACTORS,
ARE INHIBITING THE EXPANSION OF COMMERCIAL CAPACITY. ALTHOUGH TIMELY
IMPLEMENTATION OF THE FEDERAL HAZARDOUS WASTE PROGRAM SHOULD PROVIDE THE
INCENTIVE FOR CREATING NEW CAPACITY, THE SITING PROBLEM MUST BE
OVERCOME. SEVERAL SOLUTIONS HAVE BEEN SUGGESTED OR TRIED, INCLUDING
SITING FACILITIES ON PUBLIC LAND; HOWEVER, ALL ENCOUNTERED SIMILAR
PROBLEMS.
IS IS FAIR TO SAY THAT THE OFFSITE FACILITIES OPERATED BY OUR MEMBERS
ARE IMPACTED MORE THAN THE ONSITE FACILITIES OPERATED BY GENERATORS ON
THEIR OWN PROPERTY. AFTER ALL, OUR FACILITIES ARE VISIBLE. THEY ARE
ADVERTISED AS WASTE MANAGEMENT FACILITIES, WHEREAS A GENERATOR DISPOSING
OF MATERIALS ON HIS OWN PROPERTY GENERALLY DOES NOT ADVERTISE THAT ON
HIS FRONT GATE SIGN.
THEREFORE, OUR INDUSTRY IS PARTICULARLY IMPACTED WHEN IT COMES TO
OBTAINING NEW FACILITIES, AND YET, ACCORDING TO NEW ESTIMATES BY BOTH
GAO AND EPA, THE SHIFT OF WASTES FROM ONSITE TO OFFSITE FACILITIES IS
LIKELY TO BE INCREASED BECAUSE OF THE IMPACT OF RCRA, PRIMARILY BECAUSE
ONSITE FACILITIES ARE SELDOM CHOSEN ON THE BASIS OF THEIR WASTE-DISPOSAL
CAPACITY. SO THE PUBLIC OPPOSITION IS A MAJOR BARRIER TO EXPANDING
DISPOSAL CAPACITY.
WE THINK THERE IS A SOLUTION NEEDED HERE, AND WE DO MAKE A SPECIFIC
RECOOMENDATION. WE RECOMMEND TAHT THE STATES, IN ORDER TO HAVE THEIR
PROGRAMS QUALIFY UNDER SUBTITLE C, HAVE SOME PROVISION WHEREBY THE STATE
TAKES THE RESPONSIBILITY FOR PERMITTING FACILITIES AND NOT BE SUBJECT TO
VETO ARBITRARILY BY LOCAL GOVERMNENTAL ENTITIES OR OFFICIALS.
SPECIFICALLY, THERE IS A PROVISION IN THE PROPOSED FLORIDA STATE
HAZARDOUS WASTE MANAGEMENT BILL THAT MIGHT BE INCORPORATED INTO SECTION
3005 OF RCRA. I WILL READ IT.
NO POLITICAL SUBDIVISION OF THE STATE SHALL ADOPT OF ENFORCE ANY
ACTION, RULE, ORDINANCE OF STANDARD WHICH WILL OPERATE TO PREVENT THE
LOCATION OR OPERATION OF A HAZARDOUS WASTE TRANSPORTER, PROCESSOR,
STORER, OR DISPOSER WHO IS ISSUED A PERMIT.
AND I PRESUME THEY MEAN A PERMIT BY THE STATE IN THAT CASE.
IT IS OUR EXPERIENCE THAT ONLY IF A STATE CAN ISSUE A PERMIT AND NOT
HAVE IT SUBJECT TO BEING OVERRIDDEN BY LOCAL OFFICIALS WILL THERE BE ANY
PERMITS FOR OFFSITE FACILITIES.
THANK YOU.
MR. FLORIO. MR. MERRIGAN.
MR. MERRIGAN. THANK YOU, MR. CHAIRMAN.
I APPEAR TODAY, AS YOU KNOW, MR. CHAIRMAN, AS COUNSEL FOR THE
NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES. NARI, BEING THE NATIONAL
ASSOCIATION OF RECYCLING INDUSTRIES, IS NOT A NEW ASSOCIATION. IT WAS
FORMED MORE THAN 65 YEARS AGO. WE CONSIST OF ABOUT 850 FIRMS LOCATED
THROUGHOUT THE UNITED STATES, ALL OF WHICH ARE ENGAGED IN EITHER THE
COLLECTION, PROCESSING OR INDUSTRIAL UTILIZATION, THE ACTUAL USES OF
RECYCLABLE MATERIAL.
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WE HEAR SO MUCH ABOUT WHAT CAN BE DONE ABOUT SOLID WASTE. IF YOU
WILL BEAR WITH ME FOR A MINUTE, LET ME TELL YOU WHAT IS BEING DONE WITH
SOLID WASTE TODAY. THE INDUSTRIES REPRESENTED BY NARI RECOVER MILLIONS
OF TONS OF RECYCLABLE FERROUS AND NONFERROUS METALS. THAT INCLUDES
IRON, STEEL, COPPER, BRASS, ALUMINIM, LEAD, ZINC, NICKEL, STAINLESS
STEEL, WASTEPAPER, TEXTILES AND RUBBER FROM SOLID WASTE STREAMS FROM ALL
PARTS OF THE UNITED STATES.
CURRENTLY WE RECOVER ABOUT 40 TO 50 MILLION TONS OF FERROUS SCRAPS,
ABOUT 12 MILLION TONS OF PAPER -- THE GARDEN STATE PAPER CO., WHO
TESTIFIED, IS ONE OF OUR MEMBERS -- AND CLOSE TO 3 BILLION POUNDS OF
TEXTILES EACH YEAR. THOUSANDS OF TONS OF RUBBER ALSO MOVE THROUGH THE
RECYCLING PROCESS.
SO THAT THE COMMITTEE WILL UNDERSTAND THE SIGNIFICANCE OF THIS TO THE
AMERICAN ECONOMU, LET ME POINT OUT THAT 40 PERCENT OF THE NATION'S
COPPER TODAY IS DERIVED FROM RECYCLING. HALF OF THE LEAD COMES FROM
RECYCLING, 25 PERCENT OF OUR ALUMINIJ, 14 PERCENT OF OUR ZINC, AND ABOUT
20 PERCENT OF OUR PAPER AND PAPERBOARD. IT IS SIGNIFICANT TO REMEMBER
THAT RIGHT AFTER WORLD WAR II, THAT FIGURE WAS ABOUT 40 PERCENT OF THE
PAPER IN THE UNITED STATES CAME FROM RECYCLABLE PAPER. SO THERE IS
NOTHING NEW ABOUT RECUCLING PAPER.
IN ADDITION TO MEETING DOMESTIC NEEDS,THE RECYCLING INDUSTRY SHIPS
SURPLUS TONNAGE OVERSEAS TO OUR TRADING PARTNERS. THIS EXPORT ACTIVITY
HELPS OUR BALANCE OF PAYMENTS RATHER SUBSTANTIALLY, AND OF COURSE IT
EXPANDS INTERNATIONAL BUSINESS OPPORTUNITIES FOR THE COMPANIES WHO
ENGAGE IN THAT BUSINESS.
THUS, RIGHT NOW AS WE SIT HERE TODAY, AND OVER THE LAST SEVERAL
YEARS, THE UTILIZATION BY INDUSTRY OF RECOVERED MATERIALS HAS HAD A
PROFOUND IMPACT ON THE AMERICAN ECONOMU. IF RECYCLING DID NOT EXIST AT
THE CURRENT RATE, THERE WOULD NOT BE ENOUGH RAW MATERIALS TO MEET
NATIONAL DEMAND TODAY. IF WE DID NOT HAVE RECYCLING, THE COST OF RAW
MATERIALS WOULD SOAR. OUR PRIMARY RESOURCES WOULD BE RAPIDLY DEPLETED
AND THE UNITED STATES WOULD BE EVEN MORE RELIANT THAN IT IS NOW ON
FOREIGN IMPORTS FOR MANY OF ITS BASIC RAW MATERIAL NEEDS.
PRESENTLY, OF COURSE, THE UNITED STATES IMPORTS LARGE AMOUNTS OF MANY
METALS AND ALL OF ITS NATURAL RUBBER. THE DEPARMTNET OF THE INTERIOR
ESTIMATES THAT WITHIN THE NEXT TWO DECADES WE WILL BE DEPENDENT UPON
OVERSEAS SOURCES FOR MORE THAN HALF OF ALL OF OUR BASIC METAL NEEDS.
AND IN THE PAPER AREA, WHILE EFFICIENT MANAGEMENT IS NOW BEING REALIZED
IN THE GROWTH AND USE OF TIMBERLAND, INCREASED CONSUMER DEMAND IN THE
NEXT FEW YEARS WILL CREATE AN UNPRECEDENTED NEED TO DEVLOP ADDITIONAL
RAW MATERIAL SUPPLIES OF PAPER AND PAPERBOARD PRODUCTION.
SO, CLEARLY, WHEN THIS COMMITTEE IN 1976 PASSED THE RESOURCE
CONSERVATION AND RECOVERY ACT, YOU HAD A VERY SUBSTANTIAL BASE OF
EXPERIENCE TO OPERATE FROM. AND WHEN YOU ASSIGNED DUTIES TO THE
DEPARTMENT OF COMMERCE AND THE ENVIRONMENTAL PROTECTION AGENCY UNDER
THAT STATUTE, THEY WERE NOT STARTING IN THE WILDERNESS; THEY WERE
STARTING WITH A BASE THAT HAS BEEN GROWING FOR THE PAST 50 YEARS, AT
LEAST IN THE UNITED STATES. IN FACT, RECYCLING CAN BE TRACED BACK ALL
OF THE WAY TO THE REVOLUTION.
SO WE ARE NOT TALKING ABOUT SOMETHING BRANDNEW WHEN WE TALK ABOUT
MAXIMUM RESOURCE RECOVERY, AND THAT IS REALLY WHAT WE ARE TALKING ABOUT
UNDER RCRA, MAXIMUM RESOURCE RECOVERY AND CONSERVATION, BECAUSE WE ARE
ALREADY DOING SO MUCH OF IT TODAY.
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WE ARE TALKING ABOUT THE NEED TO CLEAR UP AND ELIMINATE THE URGENT
LANDFILL PROBLEM, AS, MR. CHAIRMAN, YOU POINTED OUT SEVERAL TIMES.
IN FACT, AS YOU KNOW, IN THE CITY OF PHILADELPHIA V. NEW JERSEY, THE
PROBLEM EVEN GOT TO THE SUPREME COURT OF THE UNITED STATES. NEW JERSEY
WAS TRYING TO TELL PHILADELPHIA THEY COULD NOT BRING SOLID WASTE ACROSS
THE BORDER INTO NEW JERSEY, AND THE SUPREME COURT DECIDED THAT THAT WAS
UNCONSTITUTIONAL.
IT REMINDED BOTH NEW JERSEY, NEW YORK AND PENNSYLVANIA THAT AS THE
YEARS AHEAD COME AND MORE SOLID WASTE IS ACCUMULATED, THAT NEW JERSEY
WILL FACE THE PROBLEM OF SENDING SOLID WASTE TO PENNSYLVANIA,
PENNSYLVANIA WILL FACE THE PROBLEM OF SENDING SOLID WASTE TO NEW YORK,
AND NEW YORK WILL SEND IT TO NEW JERSEY; AND CONSTITUTIONALLY YOU
CANNOT BAN THE SOLID WASTE PROBLEM AT THE STATE LINE.
TODAY INDUSTRIAL RECYCLING CONSERVES NOT ONLY NATURAL RESOURCES IN
TREMENDOUS QUANTITIES, BUT WE CONSERVE TREMENDOUS AMOUNTS OF INDUSTRIAL
ENERGY. IT HAS BEEN PROVED NOT BY US BUT BY THE FEDERAL GOVERNMENT THAT
INDUSTRIAL ALUMINIM RECYCLING CONSERVES 96 PERCENT OF THE ENERGY TO MAKE
THE SAME ALUMINIM PRODUCTS FROM BAUXITE. WHEN YOU REMEMBER BAUXITE IS
95 PERCENT IMPORTED FROM OVERSEAS, AND A NICE PLACE LIKE JAMAICA WHERE
WE USED TO LOVE TO GO TO SWIM IS NOW A CARTEL FOR BAUXITE, YOU CAN
UNDERSTAND THE DUAL IMPORTANCE OF RESOURCE RECOVERY IN THE ALUMINUM
AREA.
COPPER RECYCLERS CONSERVE 85 PERCENT OF THE ENERGY. IRON, STEEL,
ZINC, LEAD, AND PAPER RECYCLERS SAVE MORE THAN 2 PERCENT OF THE ENERGY
SIMPLY TO MAKE PRODUCTS FROM RECYCLABLE MATERIALS INSTEAD OF THE VIRGIN
COUNTERPART RESOURCES.
FINALLY, IT HAS BEEN PROVED BY EPA THAT INDUSTRIAL RECYCLING RESULTS
IN VERY SIGNIFICANT REDUCTIONS OF BOTH AIR AND WATER POLLUTION AND IN
THE VOLUME OF WATER NEEDED TO MAKE THE SAME INDUSTRIAL PRODUCTS.
NOW, WITH THAT BACKGROUND IT AMAZES US THAT THE SECRETARY OF COMMERCE
AND EPA DID NOT APPRECIATE THE URGENCY OF ADMINISTERING RCRA IN A SORT
OF MORAL EQUIVALENT OF WAR BASIS IN THE SAME WAY WE HAVE LOOKED AT THE
ENERGY CRISIS. THE SECRETARY OF COMMERCE WAS TOLD THAT WITHIN 2 YEARS
AFTER OCTOBER 21, 1976, BY THE STATUTE, THAT THE DEPARTMENT WAS TO
IDENTIFY THE GEOGRAPHICAL LOCATION OF EXISTING OR POTENTIAL MARKETS FOR
RECOVERED MATERIALS.
AND SINCE WE ARE USING SO MANY RECYCLABLE MATERIALS, THAT WAS NOT A
MAZE WE HAVE BEEN IN, REALLY. HAD SHE CONSULTED THE INDUSTRY, WE COULD
HAVE TOLD HER WHERE THE EXISTING MARKETS ARE BECAUSE THEY ARE ALL OVER
THE UNITED STATES, AND WE KNOW WHERE THE POTENTIAL MARKETS ARE. SHE WAS
TOLD TO IDENTIFY THE ECONOMIC AND TECHNICAL BARRIERS TO THE USE OF
RECOVERED MATERIALS, AND SHWE WAS TOLD TO ENCOURAGE DEVELOPMENT OF NEW
USES FOR RECOVERED MATERIALS, AND FINALLY SHE WAS TOLD TO DEVELOP
SPECIFICATIONS FOR SECONDARY MATERIALS.
AS WE STAND HERE TODAY, 21/2 YEARS AFTER THIS LAW WAS PASSED IN 1976,
THE SECRETARY HAS FAILED MISERABLY, UNFORTUNATELY, IN EACH ONE OF THESE
AREAS. SHE HAS NOT DESIGNATED ANY NEW MARKETS. SHE HAS NOT EVEN
DESIGNATED THE EXISTING MARKETS. SHE HAS NOT DESIGNATED ANY NEW
MARKETS. SHE HAS NOT EVEN DESIGNATED THE EXISTING MARKETS. SHE HAS NOT
IDENTIFIED THE ECONOMIC AND TECHNICAL BARRIERS TO THE USE OF RECOVERED
MATERIALS.
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IN THE PERIOD FROM 1976 TO TODAY, JUST TO SHOW THAT THE INDUSTRY IS
NOT WAITING, IN THE FREIGHT RATE AREA THE CONGRESS PASSED A STATUTE IN
1976 DIRECTING THE INTERSTATE COMMERCE COMMISSION TO ELIMINATE THE
FREIGHT RATE BARRIERS AGAINST MAXIMUM RECYCLING. THE INTERSTATE
COMMERCE COMMISSION, WHICH IS NOT THE SPEEDIEST AGENCY IN WASHINGTON,
COMPLETED ITS INVESTIGATION AND DID NOT DO A VERY GOOD JOB.
THE INDUSTRY TOOK THE CASE TO THE U.S. COURT OF APPEALS. IT REVERSED
THE COMMISSION. THE CASE WENT TO THE U.S. COURT OF APPEALS. IT
REVERSED THE COMMISSION. THE CASE WENT TO THE SUPREME COURT OF THE
UNITED STATES. THE COURT OF APPEALS WAS UPHELD, AND BY APRIL 16 OF THIS
YEAR, SUPPOSEDLY, IF THE ICC OBEYS THE ORDERS OF THE FEDERAL COURTS, THE
FREIGHT RATES ON RECYCLABLES SHOULD BE REDUCED TO WHAT THEY CALLED
REASONABLE, NONDISCRIMINATORY LEVELS.
I DON'T KNOW WHAT THE ICC WILL DO, BUT WHILE THE SECRETARY OF
COMMERCE WAS DOING NOTHING, THE COURTS AND THE INDUSTRY HAVE MOVED TO
THE POINT WHERE AT LEAST WE SHOULD BE IN THE FINAL STAGES OF A FINAL
DECISION TO ENCOURAGE THE DEVELOPMENT OF NEW USES FOR RECOVERED
MATERIALS. WHILE NOTHING WAS DONE IN THE DEPARTMENT OF OF COMMERCE OVER
THAT PERIOD, THE INDUSTRY TOOK THE MATTER TO CONGRESS, AND LAST YEAR AS
PART OF THE ENERGY BILL, THIS COMMITTEE WAS THE AUTHOR OF A PROVISION
THAT DIRECTED THE DEPARTMENT OF ENERGY TO ESTABLISH TARGETS FOR
INCREASED INDUSTRIAL RECYCLING FOR THE NEXT 10 YEARS BECAUSE OF THE
ENERGY SAVING CONNOTATIONS.
THE SECRETARY OF ENERGY IS PRESENTLY QUITE VIGOROUSLY DEVELOPING
THOSE TARGETS, AS THE STATUTE DIRECTED HE DO. THE WAYS AND MEANS
COMMITTEE AND THE SENATE FINANCE COMMITTEE ALSO PROVIDED NOT A FULL
RECYCLING CREDIT BUT AT LEAST AN INCREASED INVESTMENT CREDIT FOR
RECYCLING EQUIPMENT BECAUSE OF THE ENERGY SAVINGS, AND THAT CREDIT IS
NOW IN EFFECT.
YET, WE HAVEN'T HEARD A WORD FROM THE DEPARTMENT OF COMMERCE
REGARDING EITHER THE FREIGHT RATE PROBLEM OR THE TAX PROBLEM, AND AS THE
ASSISTANT SECRETARY TESTIFIED TODAY, THEY STILL HAD NOT LOOKED AT THE
PROCUREMENT PROBLEM, WHICH IS THE THIRD BARRIER TO INCREASED RECYCLING.
WE CANNOT UNDERSTAND FOR THE LIFE OF US WHY THEY HAVE SO MUCH TROUBLE
SETTING SPECIFICATIONS.
NARI, OUR TRADE ASSOCIATION, DEVELOPED SPECIFICATIONS LITERALLY
DECADES AGO, AND WE TRADE IN MILLIONS OF TONE OF THIS MATERIAL, AND EVEN
THE INTERNATIONAL MARKETS BASED UPON THOSE SPECIFICATIONS. AND YET, THE
DEPARTMENT OF COMMERCE AND THE BUREAU OF STANDARDS TO THIS DAY HAS NOT
COME DOWN WITH EVEN A PROPOSED SET OF GUIDELINES FOR THESE
SPECIFICATIONS.
I FELT EMBARRASSED RECENTLY WHEN THE GOVERNMENT PRINTING OFFICE
CALLED ME AND ASKED ME COULD WE GIVE THEM SPECIFICATIONS. WE HANDED
THEM OUR BOOK, WHICH IS ABOUT THAT THICK (INDICATING) WITH
SPECIFICATIONS, AND THEY SAID: "WELL, WE CAN'T USE THESE UNTIL THE
GOVERNMENT MAKES THEM OFFICIAL".
SO I AM NOT TRYING TO UNDULY CRITICIZE THE SECRETARY OF COMMERCE, BUT
I JUST CAN'T UNDERSTAND WHY IN 21/2 YEARS SHE COULD NOT HAVE AT LEAST
GOTTEN ON WITH THAT PARTICULAR PART OF THE LAW. FRANKLY, WE HAVE ASKED
FOR APPOINTMENTS FOR THE LEADERS OF OUR INDUSTRY ALL OVER THE COUNTRY TO
MEET WITH THE SECRETARY TO DISCUSD THESE PROBLEMS, AND WE HAVE FOUND
THERE HAS NEVER BEEN AN AVAILABILITY FOR ANY SUCH DISCUSSIONS.
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ON THE GOOD SIDE, SHE DID RECENTLY PROTECT EXISTING MARKETS FOR
RECYCLABLES BY TURNING DOWN WHAT WE THOUGHT WAS A BASELESS REQUEST FOR
QUOTAS UNDER THE EXPORT ADMINISTRATION ACT ON SCRAP IRON AND STEEL.
THAT IS A VERY SUBSTANTIAL OVERSEAS MARKET FOR RECYCLABLES IN SCRAP
IRON, AND THERE ARE OTHER OVERSEAS MARKETS FOR OTHER RECYCLABLE
MATERIALS, AND SHE DID VERY DEFINITELY TURN DOWN ANY REQUEST FOR THE
ESTABLISHMENT OF QUOTAS ON THOSE EXPORTS.
SO I THINK HERE WE ARE NOT SINGLING OUT THE SECRETARY OF COMMERCE FOR
CRITICISM. WHAT WE ARE SAYING IS THAT IN 1976 THE NEW LAW WHICH CAME OUT
OF THIS COMMITTEE PROMISED SO MUCH. AND I THINK A LOT COULD HAVE BEEN
DONE, WITH OR WITHOUT MONEY, TO BE HONEST ABOUT IT, BECAUSE ALMOST EVERY
AGENCY HAS A CONTINGENCY FUND. THEY HAVE SOME MONEY THEY HIDE AWAY
SOMEWHERE IN THEIR BUDGET THAT COULD HAVE BEEN USED TO PROVIDE SOME SORT
OF LEADERSHIP.
BUT I THINK IT HAS NOT BEEN FORTHCOMING FROM COMMERCE BECAUSE I DON'T
THINK COMMERCE GRAPSS THE TRULY URGENT NEED TO GET ON WITH MAXIMUM
INDUSTRIAL RECYCLING IN THE UNITED STATES.
I AM NOT RUNNING EPA FOR ANY OFFICE TODAY BECAUSE EPA'S PERFORMANCE,
IN MY JUDGMENT, UNDER THE FEDERAL PROCUREMENT SECTION AND UNDER THE
OPERATIONS OF THE RESOURCE CONSERVATION COMMITTEE, HAS BEEN REALLY
PATHETIC. I CAN REMEMBER BACK IN 1970 OR THEREABOUTS WHEN THE GENERAL
SERVICES ADMINISTRATION UNDERTOOK TO ESTABLISH A FEDERAL PROCUREMENT
POLICY FOR PAPER, AND IN A VERY SHORT PERIOD OF TIME, THE GSA, WHICH HAD
A PROGRAM WHICH WAS ACTUALLY VIRGIN ORIENTED ALMOST ENTIRELY, REQUIRED
THE ELIMINATION OF THE VIRGIN REQUIREMENTS FROM ALL OF ITS
SPECIFICATIONS FOR PAPER.
THEY INSTALLED A PAPER RECYCLING PROGRAM WHICH I THINK HAS OPERATED
VERY SUCCESSFULLY AND STILL OPERATES SUCCESSFULLY TODAY, ALTHOUGH GSA
HAS INTERPRETED THE DEFINITION OF SOLID WASTES WITHIN THE RCRA ACT TO BE
SO BROAD THAT IT INCLUDES VIRGIN MATERIALS FOR PAPERMAKING, AND
THEREFORE SAYS THAT IF A COMPANY NOW INCLUDES. VIRGIN MATERIALS SUCH AS
"BROKE" IN THE INDUSTRIAL PROCESS, OR SAWDUST FROM THE FOREST FLOOR,
THAT WILL NOW QUALIFY AS SOLID WASTE MATERIALS.
SO IN A WAY, THE GSA PROGRAM HAS BEEN WEAKENED AND CORRUPTED BY THE
ACT, TO A DEGREE. HOWEVER, ABOUT A YEAR AGO THE HEAD OF GSA WROTE TO
THE ADMINISTRATOR OF EPA OFFERING VERY OPENLY TO NEGOTIATE A SETTLEMENT
OF THAT PROBLEM AND TO ADOPT THE OLD DEFINITION. TO THIS DAY, TO OUR
KNOWLEDGE, EPA HAS NEVER FOLLOWED THROUGH ON THAT, AT LEAST TO REINSTATE
THE GSA PROGRAM TO THE OLD ONE.
I THINK THE PROBLEM IN EPA, MR. CHAIRMAN, IS THAT IT IS DEVOTED TO A
STUDY, RESTUDY, AND THEN RESTUDY EVERYTHING BASIC, TO THE POINT WE NEVER
GET ON TO DECISIONS. I THINK WHAT WE NEED, EITHER AT COMMERCE OR EPA OR
BOTH, IS A SORT OF OSHA ATTITUDE, THE OFFICE OF SAFETY AND HEALTH
ADMINISTRATION, OR THE WAY EPA ADMINISTERS THE CLEAN AIR ACT OR THE EPA
ADMINISTERS THE CLEAN WATER ACTS.
WE NEED A SENSE OF URGENCY IN THE THIRD POLLUTION AREA THAT WOULD NOT
ALWAYS BE PUT ON THE BACK BURNER, WE WOULDN'T ALWAYS BE STUDIED, AND WE
WOULDN'T ALWAYS HAVE TO DEVELOP A UNANIMOUS CONSENSUS ON EVERYTHING
BEFORE WE MOVE FORWARD. THE TRUE ENVIRONMENTALIST DOESN'T WANT TO GIVE
ANY INCENTIVES TO THE RECYCLING INDUSTRY, IN THE TAX AREA, FOR EXAMPLE,
BECAUSE THE TRUE ENVIRONMENTALIST THINKS THAT THE DEPLETION ALLOWANCE
AND THE CAPITAL GAINS TREATMENT OF TREES SHOULD BE REPEALED.
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MR. SANTINI. I WOULD LIKE TO STOP AT THAT POINT, IF I MIGHT, MR.
CHAIRMAN. AS CHAIRMAN OF THE MINES AND MINING SUBCOMMITTEE, I HAVE HAD
SOME PARTICULAR INTEREST IN THE ELEMENT OF RESOURCE RECOVERY HERE. AND
WHILE I CERTAINLY HAVE HAD MY INDIVIDUAL DIFFERENCES WITH SOME OF THE
ENVIRONMENTAL CONSTRAINTS, I HAVE NEVER UNDERSTOOD THE ENVIRONMENTAL
COMMUNITY TO IN ANY WAY, SHAPE, OR FORM FIND THEMSELVES OPPOSED TO THE
RECYCLING INDUSTRY.
IF ANYTHING, I HAVE FELT THEM ENTHUSIASTIC ENDORSERS OF THAT INDUSTRY
WITH THE HOPE AND EXPECTATION THAT THAT COULD PROVIDE AN ANSWER TO ALL
OF OUR NATION'S NEEDS. I AM MOST SURPRISED TO HEAR YOU SAY THAT THERE
IS AN ALIENATION BETWEEN YOURSELF AND REPRESENTATIVES OF NATIONAL
ENVIRONMENTAL GROUPS.
MR. MERRIGAN. I THINK WE BOTH HAVE THE SAME GOALS, MAXIMUM RECYCLING
IN THE UNITED STATES, CERTAINLY MAXIMUM INDUSTRIAL RECYCLING IN THE
UNITED STATES. HOWEVER, THE TRUE ENVIRONMENTALISTS AND I AM TALKING
ABOUT THE ENVIRONMENTAL DEFENSE FUND, THE SIERRA CLUB AND THOSE
ORGANIZATIONS, FOR WHOM WE HAVE THE HIGHEST POSSIBLE REGARD -- FEEL THAT
IN THE TAX AREA, IF YOU START WITH A DEPLETION ALLOWANCE ON ORES AND A
CAPITAL GAINS TREATMENT OF TIMBER PROFITS , YOU SHOULD NOT SUBSTITUTE
THEN OR PUT INTO EFFECT AT THE SAME TIME A RECYCLING TAX CREDIT WHICH
EQUATES THE TREATMENT OF THE MATERIALS.
IN OTHER WORDS, THE DEPLETION ALLOWANCE AND THE CAPITAL GAINS
TREATMENT OF PROFITS ON TIMBER IS ABOUT A $1.5 BILLION OR $1.7 BILLION
PROGRAM A YEAR OF THE FEDERAL GOVERNMENT.
MR. SANTINI. HOW DOES THE $1.7 BILLION BREAK DOWN? WHAT PERCENTAGE
MR. MERRIGAN. THE LARGEST PERCENTAGE BY FAR IS THE DEPLETION
ALLOWANCE ON ORE. SOME OF IT GOES TO OIL, OF COURSE. STILL A PART OF
THAT DEPLETION ALLOWANCE GOES TO OIL EVEN THOUGH
MR. SANTINI. DO YOU HAVE AN APPROXIMATE BREAKDOWN OF THE PERCENTAGES
ALLOCATED TO EACH OF THE MATERIALS?
MR. MERRIGAN. I CAN'T REMEMBER FOR EACH OF THE MATERIALS, BUT MY BEST
RECOLLECTION IS $500 MILLION ON THE ORES, AND $250 MILLION TO $300
MILLION ON THE CAPITAL GAINS TREATMENT OF PROFITS ON TIMBER. THE POINT
I AM TRYING TO MAKE, MR.
MR. SANTINI. IS THAT APPROXIMATELY $800,000?
MR. MERRIGAN. $800 MILLION.
MR. SANTINI. I MEAN $800 MILLION.
MR. MERRIGAN. YES, AND I MAY BE ON THE LOW SIDE, BECAUSE THE TOTAL
COST OF THE DEPLETION ALLOWANCE AND THE CAPITAL GAINS TREATMENT ON
PROFIT FROM TREES EACH YEAR IS ABOUT $1.7 BILLION. I AM TRYING TO
FIGURE OUT WHERE THE OIL DEPLETION ALLOWANCE FITS IN THERE SINCE
CONGRESS DID, AS YOU KNOW, REPEAL THE OLD OIL DEPLETION ALLOWANCE, AND
WE STILL HAVE ONLY THE ACTUAL DEPLETION ALLOWANCE LEFT.
IN ANY EVENT, WHAT I AM TRYING TO SAY IS THIS. THE NEW MARKETS FOR
RECYCLABLES TRULY ARE THE GREAT BIG COMPANIES THAT ARE DEVOTED TO VIRGIN
UTILIZATION, THE GREAT BIG STEEL COMPANIES, THE GREAT BIG ALUMINUM
COMPANIES,THE GREAT BIG PAPER COMPANIES. THOSE COMPANIES TODAY ENJOY
THESE VIRGIN TAX BENEFITS. WE DON'T SAY THAT THERE IS WRONG. WE DON'T
HAVE ANY FEELING THAT THAT IS WRONG. IF THAT IS WHAT CONGRESS WANTS TO
DO FOR THE VIRGIN INDUSTRY, FINE.
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BUT WE SAY IF YOU ARE GOING TO DEVELOP NEW MARKETS FOR
RECYCLABLES,RTHEN YOU MUST MOVE SOMEWHERE, EITHER TO REDUCE THAT
SOMEWHAT OR GIVE US A SIMILAR TYPE OF INCENTIVE FROM THE TAX SIDE SO
THAT THESE BIG COMPANIES WHICH BUILD THE NEW MILLS WHICH COST, SAY, $100
MILLION TO BUILD WILL HAVE A BOTTOM LINE ECONOMIC INCENTIVE TO USE
RECYCLABLES IN PLACE OF THE VIRGIN MATERIALS.
THE TRUE ENVIRONMENTALIST THAT I MENTIONED BEFORE SAYS REPEAL THE
VIRGIN ALLOWANCE; DON'T PUT IN A RECYCLING CREDIT.
MR. SANTINI. DO YOU HAVE DOCUMENTATION TO SUBSTANTIATE THAT? I AM
AMAZED BY THAT.
MR. MERRIGAN. ABSOLUTELY. THAT HAS BEEN THEIR CONSTANT POSITION
BEFORE THE WAYS AND MEANS AND FINANCE COMMITTEES OF CONGRESS FOR THE
LAST 5 YEARS. THE OTHER SIDE OF THE COIN ARE THE VIRGIN INDUSTRIES,
OBVIOUSLY, THAT DON'T WANT TO GIVE UP THE VIRGIN ALLOWANCE, SO THEY COME
IN AND SAY DON'T REPLEAL THE VIRGIN ALLOWANCES. SO THAT LEAVES THE
RECYCLING INDUSTRY BETWEEN A ROCK AND A HARD PLACE. WE HAVE THOSE WHO
ARE COMMITTED TO THE ENVIRONMENTALIST AND SAY DON'T PUT A NEW LOOPHOLE
IN TO MAKE GOOD ANOTHER LOOPHOLE; THAT IS, DON'T ADD ANOTHER RECYCLING
TAX BENEFIT TO THE VIRGIN BENEFIT. AND YET THERE IS NOT MUCH ENTHUSIASM
IN THE TAX PART OF CONGRESS FOR REPEALING THE VIRGIN ALLOWANCES. IN
FACT, THE CAPITAL GAINS TREATMENT OF THE PROFIT ON TREES WAS RECENTLY
REDUCED BY CONGRESS.
SO THE NEW MARKETS ARE NOT TO GO OUT AND FIND A NEW BUYER,
NECESSARILY, IN MOST CASES FOR RECYCLABLES, BUT TO CONVINCE UNITED
STATES STEEL, WEYERHAUSER AND THOSE COMPANIES THAT INSTEAD OF CHOPPING
DOWN THE TREE OR GRINDING UP THE TREE EACH TIME, YOU USE WASTE PAPER OR
YOU USE MORE OF THE OLD AUTOMOBILES FOR YOUR BASIC RAW MATERIAL.
TO DO THAT -- AND THEY WILL HAVE TO PUT IN A LOT OF NEW MACHINERY IN
MOST CASES TO DO THAT -- THEY WILL HAVE TO HAVE AN ECONOMIC INCENTIVE.
SO THE ONLY POINT I AMTRYING TO MAKE IS I THINK EPA, IN CONDUCTING THESE
STUDIES AND RESTUDIES AND CONSTANT STUDIES, IS BETWEEN THE TRUE
ENVIRONMENTALIST ON THE LEFT AND THE VIRGIN COMPANY ON THE RIGHT.
CONFUSION REIGNS SUPREME AND IT WILL ALWAYS REIGN SUPREME. IT WILL
NEVER BE SETTLED. SOMEDAY SOMEONE WILL HAVE TO TAKE THE BULL BY THE
HORNS AND SAY: WELL, IF WE CAN'T REPEAL THE VIRGIN ALLOWANCES, WE MUST
INSTALL AN ECONOMIC INCENTIVE ON THE OTHER SIDE.
BUT THIS HAS GONE ON NOW IN THE RESOURCE CONSERVATION COMMITTEE FOR
21/2 YEARS AND THERE HAS BEEN NO RESULT. WE FINALLY HAD TO SETTLE LAST
YEAR SO THAT WE COULD GET ON WITH SOMETHING ON AN INCREASED INVESTMENT
CREDIT RELATED SOLELY TO THE INSTALLATION OF THE RECYCLING EQUIPMENT
ITSELF, SO THAT GIVES THE COMPANY ON THE VIRGIN SIDE THAT WANTS TO PUT
IN A NEW HYDROPULPER, OR WHATEVER HAS TO BE DONE TO USE WASTEPAPER
INSTEAD OF WOOD, THE INCENTIVE TO AT LEAST MAKE THAT INVESTMENT.
WE THINK THAT IS GOING TO BE VERY HELPFUL, BUT WHAT I THINK WE REALLY
NEED IN THIS WHOLE AREA, BUTH IN THE DEPARTMENT OF COMMERCE, EPA OR
WHOEVER IS GOING TO RUN THE SHOW, IS A SENSE OF URGENCY, A SENSE OF
DIRECTION, A SENSE OF NOT STUDYING EVERYTING TO DEATH BUT DOING
SOMETHING ABOUT IT, AND FINALLY COMING TO GRIPS WITH CERTAINLY THE
FEDERAL PROCUREMENT THING, WHICH COULD HAVE BEEN SOLVED A LONG TIME AGO.
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EPA AT THE PRESENT MOMENT IS STUDYING ONLY PAPER AND CONSTRUCTION
MATERIALS ON FEDERAL PROCUREMENT, 21/2 YEARS AFTER THE ACT HAS PASSED.
AT THAT PACE I WOULD IMAGINE THAT TWO DECADES FROM NOW WE WILL ALL BE
SITTING HERE WONDERING WHEN THEY ARE FINALLY GOING TO GET DOWN TO THE
OTHER MATERIALS THAT GO INTO REFUSE.
SO OUR GOAL HERE IS NOT TO CRITICIZE EPA OR COMMERCE, BUT WE CONSIDER
THIS WHOLE PROBLEM TO BE AS URGENT AS THE ENERGY PROBLEM. IN THE NEXT
TWO DECADES IT WILL BE. AND IF THEY WANT TO DO SOMETHING ABOUT IT IN
ADVANCE AND STOP THE CRISIS SITUATION, THEY MUST ACT NOW WITH A SENSE OF
URGENCY. SO THAT, I THINK, IN THE FINAL ANALYSIS, MR. CHAIRMAN, IS OUR
POSITION.
FOR EXAMPLE, I WAS TOLD JUST BEFORE I CAME HERE TODAY THAT THE STATE
OF MARYLAND HAS BEEN WRITING TO EPA FOR THE LAST YEAR ASKING THEM TO
PLEASE GIVE THEM SOME GUIDANCE ON HOW THEY CAN GET ON WITH PROCUREMENT
PROGRAMS IN THEIR STATE TO BE BASED ON A FEDERAL PROGRAM. IPA KEEPS
REPLYING THAT THEY DON'T HAVE ANY GYUIDELINES YET.
SO THAT, I THINK, IS ONE OF THE REALLY SERIOUS PROBLEMS.
(TESTIMONY RESUMES ON P. 328.)
(MR. MERRIGAN'S PREPARED STATEMENT FOLLOWS:)
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MY NAME IS EDWARD L. MERRIGAN. I APPEAR BEFORE THE COMMITTEE TODAY
IN MY CAPACITY AS COUNSEL FOR THE NATIONAL ASSOCIATION OF RECYCLING
INDUSTRIES (NARI), WHOSE OFFICES ARE LOCATED AT 330 MADISON AVENUE, IN
THE CITY OF NEW YORK.
WE DEEPLY APPRECIATE THE OPPORTUNITY THE COMMITTEE HAS AFFORDED FOR
OUT TESTIMONY AT THIS TIME WITH REFERENCE TO THOSE PROVISIONS OF THE
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 WHICH PRESCRIBE
(I) THE "DUTIES OF THE SECRETARY OF COMMERCE IN RESOURCE AND
RECOVERY," AND
(II) OTHER "FEDERAL RESPONSIBILITIES" IN THE AREA OF "FEDERAL
PROCUREMENT."
FROM THE VERY OUTSET IN 1976, NARI AND ITS MEMBERS THROUGHOUT THE
UNITED STATES VERILY BELIEVED THAT THESE PROVISIONS OF RCRA, VIGOROUSLY
AND EFFECTIVELY ADMINISTERED BY THE GOVERNMENT WOULD ASSIST
SIGNIFICANTLY IN THE EARLY ATTAINMENT AND MAINTENANCE OF MAXIMUM
INDUSTRIAL RESOURCE RECOVERY, RECYCLING AND CONSERVATION IN THE UNITED
STATES.
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SADLY, HOWEVER, IN OUR VIEW, THESE SECTIONS OF THE ACT HAVE SO FAR BEEN
VERY POORLY ADMINISTERED -- EVEN LARGELY IGNORED -- BY THOSE OFFICIALS
CHARGED WITH THEIR EXECUTION. THE RESULT, OF COURSE, IS THAT VERY
LITTLE OF ANY IMPORTANCE HAS BEEN ACHIEVED IN A PERIOD OF ALMOST THREE
(3) YEARS IN THESE AREAS OF VITAL NATIONAL CONCERN.
BEFORE PROCEEDING TO DISCUSS MORE SPECIFICALLY THE EXECUTIVE LETHARGY
WHICH HAS GRIPPED THE AFOREMENTIONED PROVISIONS OF RCRA SINCE THEIR
ENACTMENT IN 1976, I WOULD LIKE TO SAY A BRIEF WORD ABOUT NARI AND THE
RECYCLING INDUSTRIES IT REPRESENTS THROUGHOUT THE NATION.
NARI IS THE TRADE ASSOCIATION FOR THE NATION'S METALS, WASTEPAPER,
TEXTILE AND RUBBER RECYCLING INDUSTRIES. ITS MEMBERSHIP CONSISTS OF
MORE THAN 850 FIRMS FROM ALL PARTS OF THE UNITED STATES ENGAGED IN THE
COLLECTION, PROCESSING OR INDUSTRIAL UTILIZATION OF THOSE RECYCLABLE
MATERIALS.
EACH YEAR, THE INDUSTRIES REPRESENTED BY NARI RECOVER MILLIONS OF
TONS OF RECYCLABLE FERROUS AND NONFERROUS METALS, INCLUDING IRON AND
STEEL, COPPER AND BRASS, ALUMINIM, LEAD, ZINC, NICKEL, STAINLESS STEEL,
WASTEPAPER, TEXTILES AND RUBBER FROM SOLID WASTE STREAMS IN ALL PARTS OF
THE UNITED STATES. CURRENTLY, THEY RECOVER ABOUT 40 TO 50 MILLION TONS
OF FERROUS SCRAP, 12 MILLION TONS OF PAPER, AND CLOSE TO 3 BILLION
POUNDS OF TEXTILES EACH YEAR. THOUSANDS OF TONE OF RUBBER ALSO MOVE
THROUGHTHE RECYCLING PROCESS.
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THUS, THE RECYCLING INDUSTRY ALREADY SUPPLIES THE NATION WITH
SIGNIFICANT PORTIONS OF ITS TOTAL RAW MATERIAL NEEDS. OVER 40% OF THE
NATION'S COPPER IS DERIVED FROM RECYCLING; ALMOST HALF OF ITS LEAD;
25% OF ITS ALUMINIM; 14% OF ITS ZINC; AND ABOUT 20% OF ITS PAPER AND
PAPERBOARD.
IN ADDITION TO MEETING DOMESTIC NEEDS, THE RECYCLING INDUSTRY SHIPS
SURPLUS TONNAGES OVERSEAS TO AMERICA'S TRADING PARTNERS. THIS EXPORT
ACTIVITY HELPS THE NATION'S BALANCE OF PAYMENTS POSITION AND EXPANDS
INTERNATIONAL BUSINESS OPPORTUNITIES.
CONSEQUENTLY, AS OF RIGHT NOW, THE INDUSTRIAL UTILIZATION OF
RECOVERED MATERIALS HAS A PROFOUND IMPACT ON THE AMERICAN ECONOMY. IF
RECYCLING DID NOT EXIST AT ITS CURRENT RATE, THERE WOULD NOT BE ENOUGH
RAW MATERIALS TO MEET NATIONAL DEMAND. THE RESULT? COSTS OF RAW
MATERIALS WOULD SOAR, OUR PRIMARY RESOURCES WOULD BE RAPIDLY DEPLETED,
AND THE UNITED STATES WOULD BE EVEN MORE RELIANT THAN IT IS NOW ON
FOREIGN IMPORTS FOR MANY OF ITS BASIC RESOURCE NEEDS. PRESENTLY, OF
COURSE, THE UNITED STATES MUST IMPORT LARGE AMOUNTS OF MANY METALS AND
ALL OF ITS NATURAL RUBBER. THE U.S. DEPARTMENT OF THE INTERIOR
ESTIMATES THAT WITHIN THE NEXT TWO DECADES WE WILL BE DEPENDENT ON
OVERSEAS SOURCES FOR MORE THAN HALF OF ALMOST ALL OUR METAL NEEDS.
AND, WHILE MORE EFFICIENT MANAGEMENT IS NOW BEING REALIZED IN THE
GROWTH AND USE OF OUR TIMBERLANDS, INCREASED CONSUMER DEMAND IN THE NEXT
FEW YEARS WILL CREATE AN UNPRECEDENTED NEED TO DEVELOP ADDITIONAL RAW
MATERIAL SUPPLIES FOR PAPER AND PAPERBOARD PRODUCTION.
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THUS, INDUSTRIAL RECYCLING OF CRITICAL MATERIALS IS ALREADY A VITALLY
IMPORTANT FORCE IN OUR ECONOMY -- BUT CLEARLY, AS THIS COMMITTEE FOUND
WHEN IT REPORTED RCRA IN 1976, THE UNITED STATES IS STILL FAR FROM
ATTAINING ITS MAXIMUM RECYCLING LEVELS.
AND IT MUST ATTAIN MAXIMUM RESOURCE RECOVERY AND CONSERVATION AT THE
EARLIEST POSSIBLE DATE FOR THE FOLLOWING REASONS NOT MENTIONED ABOVE:
1. OVER THE LAST FEW YEARS, THE AMOUNT OF DISCARDED MATERIALS HAS
GROWN TO APPROXIMATELY 4 BILLION TONS PER YEAR. AN ANNUAL INCREASE OF
8% IS ANTICIPATED THROUGH THE NEXT DECADE -- AND THIS RAISES THE CRUCIAL
QUESTION: WHAT IS TO BE DONE WITH THESE GROWING MOUNTAINS OF SOLID
WASTE?
2. THE MOST WIDESPREAD METHOD OF DISPOSAL IS TO LANDFILL DISCARDED
MATERIALS. HOWEVER, LAND HAS BECOME A SCARCE RESOURCE IN THE NATION'S
MAJOR METROPOLITAN AREAS. MANY OF OUR MAJOR CITIES WILL SOON BE OUT OF
LANDFILL CAPACITY, SO SOME ARE ALREADY SEEKING DISPOSAL SITES OUTSIDE
THEIR TERRITORIAL LIMITS. SOME STATES, IN TURN, MOVED TO BAN THE
IMPORTATION OF WASTES, BUT IN THE CASE OF CITY OF PHILADELPHIA V. NEW
JERSEY, 98 S. CT. 2531 (1978), THE SUPREME COURT RECENTLY RULED THAT NEW
MERSEY, FOR EXAMPLE, CANNOT CONSTITUTIONALLY BAR THE TRANSPORTATION OF
PHILADELPHIA'S WASTE MATERIALS OVER STATE LINES.
3. INDUSTRIAL RECYCLING CONSERVES NOT ONLY VIRGIN NATURAL RESOURCES
-- IT CONSERVES TREMENDOUS AMOUNTS OF INDUSTRIAL ENERGY. AT A TIME WHEN
OUR NATION IS FRANTICALLY SEEKING WAYS AND MEANS TO REDUCE INDUSTRIAL
ENERGY CONSUMPTION, WHICH ACCOUTS FOR ABOUT 40% OF OUR NATION'S ENERGY
DEMANDS EACH YEAR, INDUSTRIAL ALUMINUM RECYCLERS CONSERVE 96% OF THE
ENERGY NEEDED TO MAKE THE SAME ALUMINUM PRODUCTS WITH VIRGIN BAUXITE;
COPPER RECYCLERS CONSERVE 85%, WHILE IRON AND STEEL, ZINC, LEAD, PAPER
AND RUBBER RECYCLERS SAVE MORE THAN 60% OF THE ENERGY OTHERWISE NEEDED
TO PRODUCE THE SAME PRODUCTS FROM VIRGIN RESOURCES.
4. FINALLY, OF COURSE, INDUSTRIAL RECYCLING RESULTS IN SIGNIFICANT
REDUCTIONS OF AIR AND WATER POLLUTION -- AND IN THE VOLUME OF WATER
NEEDED TO MAKE INDUSTRIAL PRODUCTS.
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/1/ SEE 42 OF U.S.C. 6953
THUS, THIS COMMITTEE WAS PATENTLY CORRECT WHEN IT CONCLUDED IN ITS
REPORT IN SUPPORT OF RCRA IN 1976, AT PAGE 3:
"THE COMMITTEE HAS DETERMINED THAT DISCARDED MATERIALS HAVE VALUE
IN THAT ENERGY AND MATERIALS CAN BE RECOVERED FROM THEM. IN THE
RECOVERY OF SUCH ENERGY OR MATERIALS, A NUMBER OF ENVIRONMENTAL
DANGERS CAN BE AVOIDED. SCARCE LAND SUPPLY CAN BE PROTECTED.
THE BALANCE OF TRADE DEFICIT CAN BE REDUCED. THE NATION'S RELIANCE
ON FOREIGN ENERGY AND MATERIALS CAN BE REDUCED AND USEFUL EMPLOYMENT
CAN BE GENERATED BY THE CONSTRUCTION OF NEEDED WASTE MANAGEMENT
FACILITIES."
THE SECRETARY OF COMMERCE, HOWEVER, HAS FAILED TO APPRECIATE THE
URGENCY AND IMPORTANCE OF RCRA AND ITS AIM TO ATTAIN MAXIMUM INDUSTRIAL
RESOURCE RECOVERY AND CONSERVATION AT THE EARLIEST POSSIBLE DATE
IN AN EFFORT TO ATTAIN MAXIMUM INDUSTRIAL RESOURCE RECOVERY,
RECYCLING AND CONSERVATION IN THE UNITED STATES AT THE EARLIEST POSSIBLE
DATE, THEREFORE, CONGRESS DIRECTED THE FOLLOWING STATUTORY MANDATES TO
THE SECRETARY OF COMMERCE IN RCRA:
A. "DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS.
"THE SECRETARY OF COMMERCE SHALL WITHIN TWO YEARS AFTER OCTOBER 21,
1976, TAKE SUCH ACTIONS AS MAY BE NECESSARY TO
(1) IDENTIFY THE GEOGRAPHICAL LOCATION OF EXISTING OR POTENTIAL
MARKETS FOR RECOVERED MATERIALS;
(2) IDENTIFY THE ECONOMIC AND TECHNICAL BARRIERS TO THE USE OF
RECOVERED MATERIALS; AND
(3) ENCOURAGE THE DEVELOPMENT OF NEW USES FOR RECOVERED MATERIALS."
/1/
B. "DEVELOPMENT OF SPECIFICATIONS FOR SECONDARY MATERIALS.
"THE SECRETARY OF COMMERCE, ACTING THROUGH THE NATIONAL BUREAU OF
STANDARDS, AND IN CONJUNCTION WITH NATIONAL STANDARDS-SETTING
ORGANIZATIONS IN RESOURCE RECOVERY, SHALL, AFTER PUBLIC HEARINGS, AND
NOT LATER THAN TWO YEARS AFTER OCTOBER 21, 1976, PUBLISH GUIDELINES FOR
THE DEVELOPMENT OF SPECIFICATIONS FOR THE CLASSIFICATION OF MATERIALS
RECOVERED FROM WASTE WHICH WERE DESTINED FOR DISPOSAL.
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/2/ SEE 42 U.S.C. 6952.
THE SPECIFICATIONS SHALL PERTAIN TO THE PHYSICAL AND CHEMICAL
PROPERTIES AND CHARACTERISTICS OF SUCH MATERIALS WITH REGARD TO
THEIR USE IN RECYCLING VIRGIN MATERIALS IN VARIOUS INDUSTRIAL,
COMMERCIAL AND COVERNMENTAL USES. IN ESTABLISHING SUCH GUIDELINES,
THE SECRETARY SHALL ALSO, TO THE EXTENT FEASIBLE, PROVIDE SUCH
INFORMATION AS MAY BE NECESSARY TO ASSIST FEDERAL AGENCIES WITH
PROCUREMENT OF ITEMS CONTAINING RECOVERED MATERIALS. . ." /2/
TO DATE -- APPROXIMATELY TWO AND A HALF YEARS AFTER RCRA BECAME LAW
ON OCTOBER 21, 1976 -- THE SECRETARY OF COMMERCE HAS SEEMINGLY IGNOREI
THESE CLEAR-CUT STATUTORY DUTIES OF SUCH CRITICAL IMPORTANCE TO THE
UNITED STATES. MORE SPECIFICALLY, TO THE BEST OF NARI'S KNOWLEDGE,
INFORMATION AND BELIEF, SHE HAS
(I) FAILED TO SEEK OR IDENTIFY ANY NEW MARKET FOR RECOVERED
MATERIALS;
(II) FAILED TO IDENTIFY, OR SEEK TO ELIMINIATE, ANY ECONOMIC OR
TECHNICAL BARRIERS TO THE USE OF RECOVERED MATERIALS;
(III) FAILED TO ENCOURAGE THE DEVELOPMENT OF NEW USES FOR RECOVERED
MATERIALS, AND HAS
(IV) FAILED TO PUBLISH THE PRESCRIBED GUIDELINES AND SPECIFICATIONS
FOR RECOVERED MATERIALS AS MANDATED BY CONGRESS.
ALL OF THESE EXECUTIVE ACTIONS WERE TO BE TAKEN BY THE SECRETARY BY
OCTOBER 21, 1978 -- MORE THAN RIVE (5) MONTHS AGO. SADLY, HOWEVER,
NOTHING CONCRETE HAS SURFACED, AND APPARENTLY NO "NEW MARKETS," NO "NEW
USES," NO ELIMINATION OF "ECONOMIC AND TECHNICAL BARRIERS," AND NO
GUIDELINES OR SPECIFICATIONS ARE ON THE HORIZON.
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INDEED, NARI HAS REQUESTED THE SECRETARY ON SEVERAL DIFFERENT
OCCASIONS TO MEET WITH INDUSTRY LEADERS TO GET THESE STATUTORY
MANDATES MOVING, BUT ON EACH OCCASION, THE SECRETARY HAS NOT BEEN
AVAILABLE.
IF THE DEPARTMENT OF COMMERCE CANNOT, OR WILL NOT, PERFORM THESE
STATUTORY DUTIES, THEY SHOULD BE ASSIGNED TO SOME OTHER AGENCY. IF LACK
OF APPROPRIATIONS IN THE PROBLEM, THEN CLEARLY WHICHEVER AGENCY IS TO DO
THE JOB, SHOULD RECEIVE THE NECESSARY FUNDING TO PERFORM THESE CRUCIALLY
IMPORTANT NATIONAL FUNCTIONS.
NARI WISHES TO EMPHASIZE THAT IT IS NOT SEEKING UNFAIRLY TO SINGLE
OUT THE SECRETARY OR THE DEPARTMENT OF COMMERCE FOR CIRTICISM. RECENTLY,
THE DEPARTMENT TOOK COURAGEOUS, FORCEFUL ACTION UNDER THE EXPORT
ADMINISTRATION ACT TO DENY THE STEEL INDUSTRY'S BASELESS REQUEST FOR
QUOTAS ON EXPORTS OF SCRAP IRON -- AND THUS IT PRESERVED "ESISTING
MARKETS" FOR THESE ABUNDANT WASTE MATERIALS INTACT.
BUT PLAINLY, THE SECRETARY HAS SOME EXTREMELY IMPORTANT FUNCTIONS TO
PERFORM UNDER RCRA, AND SO FAR SHE DOES NOT SEEM TO HAVE GRASPED THE
VITAL IMPORTANCE OF COMPLYING WITH THE LAW IN THIS RESPECT. NARI AND
ITS MEMBERS KNOW THAT, WITH STRONG, FEDERAL LEADERSHIP, NEW MARKETS FOR
RECYCLABLE MATERIALS CAN BE DEVELOPED, NEW USES FOR RECYCLABLE MATERIALS
CAN BE CREATED AND PROPER SPECIFICATIONA CAN BE PUBLISHED IN SHORT
ORDER. THE JOB CAN BE DONE; IT MUST BE DONE. INDEED, WHEN THIS
COMMITTEE ASSIGNED THIS JOB TO THE SECRETARY OF COMMERCE, IT STATED IN
ITS REPORT, AT PAGE 43:
"THE DEPARTMENT OF COMMERCE HAS, BECAUSE OF ITS LONG-STANDING
RELATIONSHIP WITH PRIVATE ENTERPRISE, THE CHANNELS OF COMMUNICATION
NECESSARY TO ENCOURAGE GREATER INVOLVEMENT IN RESOURCE RECOVERY AND USE
OF RECOVERED MATERIALS."
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THOSE "CHANNELS OF COMMUNICATION" MUST BE USED NOW WITHOUT FURTHER
DEVASTATING DELAY.
THE ADMINISTRATIOR OF EPA HAS SIMULTANEOUSLY ALLOWED THE FEDERAL
PROCUREMENT SECTIONS OF RCRA TO FALL VICTIM TO LETHARGIC DELAY,
REPETITIOUS STUDY AND RE-STUDY, AND EXECUTIVE DEPARTMENT ATTEMPTS TO
RE-LEGISLATE IN THIS AREA
IN ITS REPORT IN SUPPORT OF RCRA, THIS COMMITEE STATED, AT PAGE 51:
"THE COMMITTEE BELIEVES THAT THE USE OF FEDERAL PURCHASING POWER TO
PROVIDE (AN ADDITIONAL STIMULUS) REPRESENTS A CONSTRUCTIVE USE OF
GOVERNMENT POWER WHICH HAS THE POTENTIAL FOR MOTIVATING OTHER LEVELS OF
GOVERNMENT AND PRIVATE INDUSTRY TO USE GREATER AMOUNTS OF RECOVERED
MATERIALS.
"TO ACCOMPLISH A GREATER PURCHASE OF ITEMS WHICH CONTAIN RECOVERED
MATERIALS THIS LEGISLATION DIRECTS THAT ITEMS COMPOSED OF THE HIGHEST
PERCENTAGE OF RECOVERED MATERIALS PRACTICABLE BE PURCHASED UNLESS SUCH
PURCHASE ADVERSELY AFFECTS THE MAINTENANCE OF A SATISFACTORY LEVEL OF
COMPETITION OR UNLESS THE ITEMS ARE NOT REASONABLY PRICED OR FAIL TO
MEET PERFORMANCE SPECIFICATIONS.
"FEDERAL AGENCIES WILL ALSO BE REQUIRED TO REVIEW THEIR
SPECIFICATIONS WITHIN 18 MONTHS OF ENACTMENT TO ENSURE THAT SUCH
SPECIFICATIONS ARE BASED ON PERFORMANCE AND DO NOT DISCRIMINATE AGAINST
RECOVERED MATERIALS. . .REVISED SPECIFICATIONS WILL REQUIRE RECLAIMED
MATERIALS TO THE MAXIMUM EXTENT POSSIBLE WITHOUT ADVERSELY AFFECTING THE
INTENDED END USE OF THE ITEM.
"THE COMMITTEE ANTICIPATES THE EFFECT OF PLACING AN EMPHASIS ON
RECOVERED MATERIALS IN FEDERAL PROCUREMENT POLICY TO BE WIDESPREAD. NOT
ONLY WILL DIRECT PURCHASING AFFECT PRODUCTS OFFERED BY THE PRIVATE
SECTOR BUT FEDERAL GUIDELINES, STANDARDS AND SPECIFICATIONS USED IN
CONNECTION WITH FEDERAL GRANTS AND OTHER FEDERAL ASSISTANCE TO STATE AND
LOCAL GOVERNMENTS CAN BE AN IMPORTANT STIMULUS FOR THOSE GOVERNMENTS AND
FOR PRIVATE INDUSTRY TO ADOPT A PRO-RECOVERED MATERIALS POLICY."
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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/3/ SEE 42 U.S.C. 6962.
/4/ SEE 42 U.S.C. 6962(G).
THUS, THE "FEDERAL PROCUREMENT" SECTIONS OF RCRA REQUIRE: /3/
(1) BY OCTOBER 21, 1978, ALL FEDERAL PROCUREMENT AGENCIES SHALL
PROCURE ITEMS COMPOSED OF THE HIGHEST PERCENTAGE OF RECOVERED MATERIALS;
(2) BY OCTOBER 21, 1978, ALL CONTRACTING OFFICERS SHALL REQUIRE
VENDORS TO CERTIFY THE PERCENTAGE OF RECYCLED MATERIALS UTILIZED IN
PRODUCTS SUPPLIED TO THE GOVERNMENT;
(3) BY OCTOBER 21, 1978, ALL FEDERAL PROCUREMENT SPECIFICATIONS WILL
BE REVISED TO REQUIRE THAT ALL PROCURED PRODUCTS CONTAIN RECLAIMED
MATERIALS TO THE MAXIMUM EXTENT POSSIBLE.
(4) THE ADMINISTRATOR OF EPA SHOALL PROVIDE "GUIDELINES" TO ALL
FEDERAL AGENCIES FOR USE IN COMPLYING WITH THESE RCRA REQUIREMENTS,
TOGETHER WITH INFORMATION REGARDING THE AVAILABILITY, SOURCES OF SUPPLY,
AND POTENTIAL USES OF MATERIALS AND ITEMS CONTAINING RECYCLABLES TO THE
MAXIMUM DEGREE.
IN FACT, RCRA WENT ON TO DIRECT THE OFFICE OF PROCUREMENT POLICY IN
THE WHITE HOUSE TO COOPERATE WITH EPA TO
"IMPLEMENT THE POLICY EXPRESSED IN THIS SECTION." /4/
BUT, OCTOBER 21, 1978 CAME AND WENT MORE THAN FIVE (5) MONTHS AGO --
AND NONE OF THESE SALUTARY, SIMPLE STATUTORY MANDATES, SINCE EXTENDED BY
CONGRESS AT EPA'S REQUEST, HAVE BEEN FULFILLED.
WHY? ? ?
AGAIN, NARI DOES NOT WISH UNFAIRLY TO CRITICIZE EPA OR ITS
ADMINISTRATOR, BUT ITS OBSERVATIONS ARE AS FOLLOWS:
1. INSTEAD OF SIMPLY COMPLYING WITH THE LAW, AS POSSED BY CONGRESS,
EPA AND OTHER AGENCIES OF THE EXECUTIVE BRANCH HAVE LETHARGICALLY
"STUDIED" AND "RE-STUDIED" THE LEGISLATIVE DIRECTIVES OVER AND OVER, AND
IN SOME INSTANCES, THEY HAVE GONE SO FAR AS TO QUESTION WHETHER THE
CONGRESSIONAL DIRECTIVES ARE ACTUALLY SOUND AND SALUTARY;
2. THEY HAVE ALLOWED REPRESENTATIVES OF "VIRGIN RESOURCE
MATERIAL-ORIENTED COMPANIES AND TRADE ASSOCIATIONS" TO BLUR THEIR
VISSION AND CONTINUALLY DELAY AND FRUSTRATE THE STATUROTY PROCEDURES;
3. THEY HAVE FAILED TO ACT WITH A SENSE OF URGENCY; INDEED, THEY
HAVE PROCEEDED SO LESIURELY THAT TODAY, LONG AFTER THE ORIGINAL
STATUTORY DEADLINE, NONE OF THE NEW STATUTORY PROCUREMENT DIRECTIVES ARE
IN FORCE;
4. EVEN NOW, ALMOST THREE (3) YEARS AFTER RCRA WAS ENACTED IN 1976,
THEY HAVE RESTRICTED THEIR "THRESHHOLD GUIDELINE STUDIES" TO PAPER AND
CONSTRUCTION MATERIALS ALONE -- SO, AT THE PRESENT PACE, IT WILL BE
YEARS, PERHAPS DECADES, BEFORE ALL MATERIALS AND ITEMS PURCHASED BY THE
FEDERAL GOVERNMEMT MEET THE RCRA PROCUREMENT REQUIREMENTS; AND
5. FINALLY, AS OF NOW, CONGRESS ITSELF WHICH ENACTED RCRA, CONSIDERS
ITSELF EXEMPT FROM THAT STATUTE -- AND THUS, IRRESPECTIVE OF EPA'S
ULTIMATE ACTIONS, IT INTENDS TO CONTINUE TO PURCHASE ALL OF ITS OWN
PAPER SUPPLIES -- AND THOSE OF THE GOVERNMENT PRINTING OFFICE -- WITHOUT
COMPLIANCE WITH RCRA.
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THIS, NARI SUBMITS, IS A DISMAL PICTURE CONSIDERING THE HIGH HOPES
THE FEDERAL PROCUREMENT SECTION OF RCRA PROMISED IN 1976. IT IS EVEN
MORE DISCOURAGING WHEN ONE RECALLS THAT, SINCE ABOUT 1970, GSA HAS BEEN
OPERATING A VERY SUCCESSFUL PAPER PROCUREMENT PROGRAM -- A PROGRAM WHICH
SERVED AS A MODEL FOR RCRA'S FEDERAL PROCUREMENT SECTION AND WHICH WAS
PUT INTO EFFECT WITH ONLY A MINIMUM OF PROCEDURAL DELAYS. IT IS
ABSOLUTELY DEPRESSING WHEN IT IS REALIZED, HOWEVER, THAT GSA HAS
CONSTRUED THE BROAD DEFINITIONS OF RECYCLABLE SOLID WASTE MATERIALS IN
RCRA TO INCLUDE CERTAIN VIRGIN PAPER-MAKING MATERIALS -- AND THAT EPA
HAS FAILED EFFECTIVELY TO NEGOTIATE A CANCELATION OF THAT GSA
ADMINISTRATIVE INTERPRETATION ALBEIT THE ADMINISTRATOR OF GSA OFFERED TO
NEGOTIATE A YEAR AGO.
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/5/ SEE 42 U.S.C. 6982(J)
IN SUM AND SUBSTANCE, THEREFORE, EPA HAS ALLOWED THE "FEDERAL
PROCUREMENT" SECTIONS OF RCRA TO STAGNATE AND REMAIN IMPOTENT IN FACT,
IT HAS EVEN ALLOWED RCRA TO BE CONSTRUED BY ANOTHER FEDERAL AGENCY IN
SUCH A MANNER AS TO DILUTE THE ONLY SUCCESSFUL FEDERAL PROCUREMENT
PROGRAM IN FORCE WHEN RCRA WAS ENACTED IN 1976.
IN ADDITION, WELL INTO 1979, THE RESOURCE CONSERVATION COMMITTEE,
WHICH IS CHAIRED BY THE ADMINISTRATOR OF EPA, HAS STILL FAILED TO
RELEASE THE RESULTS OF ITS INVESTIGATION UNDER RCRA WITH REFERENCE TO
(1) "THE APPROPRIATENESS OF RECOMMENDED INCENTIVES AND DISINCENTIVES TO
FOSTER RESOURCE CONSERVATION," AND (2) THE EFFECT OF EXISTING PUBLIC
POLICIES ON RESOURCE CONSERVATION AND HOW THOSE POLICIES MIGHT BEST BE
CHANGED, ETC., ETC. /5/
THUS ADMINISTERED, RCRA HAS BEEN A "TOOTHLESS TIGER" -- "A DEAD
LETTER" -- FOR ALMOST THREE (3) YEARS.
IN THE MEANTIME, CONGRESS HAS PASSED ANOTHER STATUTE -- SECTION 461
OF THE ENERGY CONSERVATION POLICY ACT OF 1978 -- WHICH DIRECTS. THE
SECRETARY OF ENERGY TO
"SET TARGETS FOR INCREASED UTILIZATION OF ENERGY-SAVING RECOVERED
MATERIALS. . .AT LEVELS WHICH REPRESENT THE MAXIMUM FEASIBLE INCREASE IN
UTILIZATION OF ENERGY-SAVING RECOVERED MATERIALS EACH INDUSTRY CAN
ACHIEVE PROGRESSIVELY BY JANUARY 1, 1987."
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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HOW MUCH EASIER THE SECRETARY OF ENERGY'S JOB UNDER THAT STATUTE
WOULD BE -- AND HOW MUCH HIGHER THE INTIIAL ANNUAL "TARGETS" COULD BE
SET -- IF ONLY THE DEPARMTNET OF COMMERCE AND EPA HAD ALREADY PERFORMED
THEIR STATUTORY DUTIES AS AND WHEN REQUIRED BY RCRA.
THIS COMMITTEE, HOWEVER, MUST FORECLOSE ALL FUTURE DELAYS, AND ALL
AGENCIES INVOLVED IN RESOURCE CONSERVATION AND RECOVERY MUST BE DIRECTED
IN UNMISTAKEABLE TERMS TO PERFORM THEIR STATUTORY DUTIES UNDER RCRA
WITHOUT FURTHER DEBILITATING DELAYS AND INACTION.
MR. FLORIO. THAN YOU VERY MUCH, MR. MERRIGAN.
MR. MERRIGAN. THANK YOU, MR. CHAIRMAN. I AM SORRY I WENT ON SO LONG,
BUT IT IS A SERIOUS PROBLEM, FROM OUR STANDPOINT.
MR. FLORIO. MR. SANTINI.
MR. SANTINI. MR. MERRIGAN, DO I GATHER THEN THAT AS THE COUNSEL FOR
THE NATIONAL ASSICATION FOR RECYCLING INDUSTRIES, YOUR POSITION IS
ESSENTIALLY THAT THE EXISTING LAW AS IT IS WRITTEN IS SATISFACTORY TO
THE INDUSTRY YOU REPRESENT? THE BASIC DELINQUENCY THAT YOU ADDRESS MUCH
OF YOUR NONCRITICAL COMMENT TO IS WITH RESPECT TO THE IMPLEMENTATION BY
THE TWO AGENCIES CONCERNED, COMMERCE AND EPA.
MR. MERRIGAN. I THINK THE TWO AGENCIES HAVE SIMPLY NOT GIVEN IT THE
SAME SENSE OF URGENCY THEY HAVE GIVEN AIR POLLUTION, WATER POLLUTIO,
OSHA AND THOSE SORT OF STANDARDS WHICH REQUIRE EMERGENCY URGENT
TREATMENT.
MR. SANTINI. I THINK YOUR INDUSTRY AND THE INDUSTRIES THE OTHER
GENTLEMEN REPRESENT ARE ALSO CAUGHT UP IN THIS CONFUSED, OVERLAPPING
MISSION PROBLEM OF THREE AGENCIES OF GOVERNMENT. ALL HAVE SOME
IMPORTANT ROLE IN THE IMPLEMENTATION OF THIS OVERALL 1976 PROGRAM. I
CAN OFFER YOU LITTLE SOLACE IN TELLING YOU THAT WE ARE GOING TO
RECONCILE THAT DILEMMA TOMORROW IN TERMS OF EITHER THE CONFLICTS OR
INACTIONS WHICH ARE EXISTENT IN THOSE GOVERNMENT AGENCIES.
BUT THERE IS ONGOING NOW,AS THE RESULT OF AN EFFORT I PURSUED IN JUNE
1977, THE FIRST DOMESTIC INTERAGENCY STUDY. THE CARTER ADMINISTRATION
ADDRESSED ITSELF TO A MINERAL POLICY STUDY REVIEW. AS CHAIRMAN OF MINES
AND MINING, I AM GOING TO BE DEVOTING A CONSIDERABLE AMOUNT OF TIME THIS
YEAR AND PERHAPS NEXT YEAR TO RIDING HERD ON THAT STUDY.
YOU HAVE AT LEAST INTRODUCED TO ME ANOTHER ASPECT OF A PROBLEM OF
NATIONAL MAGNITUDE. I HAVE REFERENCE TO MINERAL INDUSTRIES. I AM GOING
TO TRY TO INSURE THAT REPRESENTATIVES OF THE INDUSTRY YOU REPRESENT ARE
INVOLVED AND HAVE AN OPPORTUNITY TO COME IN AND PRESENT THE RECYCLING
COMPONENT OF THE OVERALL FOREIGN IMPORT RELIANCE PROBLEM ON MINERALS. I
THINK THAT IS A DIMENSION OF THE PROBLEM WHICH NEVER GETS COORDINATED
WITH THE OVERALL CONSIDERATIONS THAT GO ON WITH RESPECT TO
DECISIONMAKING IN MINERALS.
PERHAPS WE CAN TRY AND SHIFT THE EMPHASIS A BIT TO GET SOME
RECOGNITION OF WHAT CONTRIBUTION RECYCLING MAKES.
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HOUSE OF REPRESENTATIVES NINETY-SIXTH CONGRESS FIRST SESSION ON AUTHORIZATION ON THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 SERIAL NO. 96-31
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THERE ARE CERTAIN MINERALS RECYCLING CANNOT ADDRESS, BUT THERE ARE OTHER
MINERALS TYOU HAVE IDENTIFIED THAT IT CAN CERTAINLY ADDRESS. I WILL TRY
TO ASSURE THAT ASPECT OF YOUR CONTRIBUTION TO THE SOLUTION IS INCLUDED
IN OUR EFFORTS.
MR. MERRIGAN. MR. SANTINI, WE WOULD APPRECIATE THAT. MANY OF OUR
COMPANIES -- FOR EXAMPLE, IN ALUMINUM, REYNOLDS AND ALCOA ARE MEMBERS OF
THIS TRADE ASSOCIATION BECAUSE THEY ALL HAVE SECONDARY SOURCES OF THEIR
OWN. I MEAN THEY ALL HAVE SECONDARY PROVISIONS, SECONDARY MEANS OF
RECYCLING. BUT ALL OF THEM WILL TELL YOU QUITE CANDIDLY THAT UNTIL YOU
ELIMINATE THE BIASES AGAINST THE RECYCLABLES, THEY CAN NEVER MAXIMIZE
THEIR USE OF THE MATERIALS. RECYCLING CAN NEVER REPLACE THE VIRGIN
SIDE. YOU UNDERSTAND THAT. WE MUST ALWAYS HAVE NEW MATERIALS. BUT WE
CERTAINLY HAVE A PLACE WHERE WE HAVE A COMMON INTEREST.
I AM SO PLEASED TO HEAR YOU SAY THAT WHEN YOU STUDY THE OVERALL
MINERAL PROBLEM, YOU WILL LOOK AT BOTH SIDES. I THINK THAT IS THE MOST
WE COULD ASK AT THIS POINT.
MR. SANTINI. THANK YOU, MR. CHAIRMAN.
MR. FLORIO. I HUST HAVE ONE QUESTION WITH REGARD TO THE SITE
SELECTION QUESTION WHICH WAS RAISED. ARE ANY OF THE COMPANIES THAT ARE
A PART OF YOUR ASSOCIATION GIVING ANY CONSIDERATION TO INCINERATION ON
THE HIGH SEAS?
MR. JOHNSON. WE HAVE AS A MEMBER THE ONE COMPANY WHICH WOULD
OFFER THIS SERVICE IN THIS HEMISPHERE.
MR. FLORIO. WHAT IS THAT COMPANY?
MR. JOHNSON. THEIR LOCAL REPRESENTATIVE IS OCEAN COMBUSTION SYSTEMS
IN WASHINGTON. THE SHIP THEY REPRESENT IS THE M.S. VOLCANUS. YOU MAY
NOT RECALL, BUT IT WAS THAT SHIP WHICH SOLVED THE MILITARY'S PROBLEM OF
DISPOSAL OF THE NOTORIOUS MATERIAL GAENT ORANGE BY BURNING IT ON THE
HIGH SEAS.
MR. FLORIO I WOULD BE PLEASED TO RECEIVE ANY INFORMATION YOU HAVE
ABOUT THAT. I AM ALSO OF THE OPINION -- AND I HAVE NEGLECTED TO ASK EPA
-- THAT THEY ARE GIVING SOME THOUGHT TO ACQUIRING SOME SORT OF DERRICK
OR SOMETHING FROM ONE OF THE OIL COMPANIES, OR SOME SORT OF SHIP TO TRY
OUT AS A DEOMONSTRATION PROJECT INCINERATION AT SEA. I WOULD BE
INTERESTED IN ANY IFNROMATION YOU MIGHT BE ABLE TO PROVIDE.
MR. JOHNSON. I WOULD BE HAPPY TO FORWARD YOU INFORMATION ON THAT
SHIP. IT HAS ONLY MADE ONE TRIP TO THIS HEMISPHERE. AS YOU CAN IMAGINE,
IT IS A FAIRLY COSTLY VENTURE TO BRING IT ACROSS. IT IS NOT A VERY
SWIFT SHIP, AS SHIPS GO. THEY ALSO BURN AT A VERY HIGH RATE, SO THEY
HAVE TO ACCUMULATE SHORESIDE A VERY LARGE VOLUME OF MATERIAL TO BE
DESTROYED IN ORDER TO JUSTIFY A TRIP TO THIS HEMISPHERE. THEY ARE
EXPLORING THE POSSIBILITIES OF BUILDING A SECOND SHIP WHICH WOULD BE
BASED IN THE WESTERN HEMISPHERE.
MR. FLORIO. THIS IS FOR HAZARDOUS MATERIAL?
MR. JOHNSON. IT IS STRICTLY FOR COMBUSTIBLE HAZARDOUS MATERIALS.
MR. FLORIO. GENTLEMEN, WE THANK YOU VERY MUCH FOR YOUR HELP.
(THE FOLLOWING LETTERS AND STATEMENTS WERE RECEIVED FOR THE RECORD:)
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THE HONORABLE JAMES J. FLORIO, CHAIRMAN SUBCOMMITTEE ON
TRANSPORTATION AND COMMERCE 3150 HOUSE OFFICE BUILDING ANNEX 2
WASHINGTON, D.C. 20515
I WANT TO INDICATE IN THE STRONGEST POSSIBLE WAY MY UNHAPPINESS AT
THE LACK OF RESPONSIVENESS ON THE PART OF THE ENVIRONMENTAL PROTECTION
AGENCY IN IMPLEMENTING THE RESOURCE CONSERVATION AND RECOVERY ACT.
MY UNHAPPINESS RESULTS FROM THE CAVALIER ATTITUDE EPA HAS SHOWN
TOWARDS THE SUFFERING AND PUBLIC OUTCRY OF THE RESIDENTS OF WILSONVILLE,
ILLINOIS, WHERE A HAZARDOUS WASTE FACILITY HAS BEEN LOCATED. EPA'S
ACTIONS IN THE CASE OF WILSONVILLE HAVE BEEN ENTIRELY INCONSISTENT WITH
ITS OBLIGATIONS UNDER RCRA.
LOCATED WITHIN THE CITY LIMITS OF WILSONVILLE, A HAZARDOUS WASTE DUMP
WITH THE EUPHEMISTIC NAME OF EARTHLINE HAS CREATED AN EXTRAORDINARY
CONTROVERSY. IN A SUIT AGAINST THE COMPANY, THE CITIZENS OF
WILSONVILLE, JOINRED BY THE ILLINOIS ATTORNEY GENERAL, SOUGHT INJUNCTIVE
RELIEF AGAINST FURTHER DUMPING AND OPERATION OF THE EARTHLINE SITE.
IRONICALLY, EPA TOOK THE SIDE OF WILSONVILLE. SQUARING OFF AGAINST EACH
OTHER, THE RESIDENTS WON A VICTORY IN AUGUST OF 1978 WHEN JUDGE JOHN
RUSSELL ORDERED THE SITE CLOSED AND DISMANTLED BECAUSE OF THE DANGER IT
POSED TO THE TOWN. YET JUDGE RUSSELL'S ORDER MAY NEVER BE IMPLEMENTED
IF HIS DECISION IS OVERTURNED ON APPEAL, AN APPEAL SUPPORTED BY EPA.
DESPITE THE REQUIREMENTS OF RCRA AND WHAT I BELIEVE TO BE CLEAR
CONGRESSIONAL INTENT -- NOT TO MENTION COMMON SENSE -- EPA'S APPROACH
HAS BEEN TO IGNORE THE MOST BASIC AND PERHAPS THE SINGLE MOST IMPORTANT
PROBLEM IN THE REGULATION OF HAZARDOUS WASTE: SITE SELECTION. IN RULES
RECENTLY PROPOSED BY THE AGENCY FOR SECTIONS 3001, 3002 AND 3004 OF
RCRA, THERE IS LITTLE EVIDENCE THAT EPA EVEN CONSIDERED THIS IMPORTANT
QUESTION.
IN FACT, IT IS THE VERY ABSENCE OF TOUGH REGULATIONS ON SITE
SELECTION THAT CUASED THE PROBLEM OF WILSONVILLE.
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BACK IN 1976, WHEN CONSTRUCTION PERMITS WERE GRANTED TO EARTHLINE, NO
MENTION WAS MADE AS TO WHAT THE COMPANY PLANNED TO TREAT AND BURY THERE.
IT WAS ONLY AFTER THE DUMP BEGAN FILLING UP THAT RESIDENTS LEARNED OF
THE DANGEROUS CHEMICALS BEING BURIED WITHIN THEIR COMMUNITY.
IMMEDIATELY, THE RESIDENTS COMMENCED LEGAL ACTION AGAINST EARTHLINE IN
WHAT WAS TO BE THE BEGINNING OF A LONG AND PROTRACTED BATTLE AGAINST
EARTHLINE AND EPA.
EPA'S INVOLVEMENT IN THE WILSONVILLE CASE, FROM THE VERY BEGINNING,
HAS LACKED A LOGICAL FOCUS. BECAUSE OF INTERNAL DISSENSION WITHIN THE
AGENCY, THERE HAS NEVER BEEN A DETERMINATION BY EPA OF THE SAFETY OF THE
WILSONVILLE FACILITY. IN A LETTER I RECEIVED THIS PAST WEEK FROM MR.
THOMAS JORLING, ASSISTANT ADMINISTRATOR FOR WATER AND WASTE MANAGEMENT
FOR EPA, I WAS TOLD THAT THERE HAS NEVER BEEN A DETERMINATION BY EPA AS
TO WHETHER WILSONVILLE IS A "SITUATION THAT POSE(S) AN EXISTING OR
POTENTIAL IMMINENT HAZARD TO PUBLIC HEALTH THROUGH GROUNDWATER
CONTAMINATION, SURFACE WATER DISCHARGES INCLUDING POTENTIAL SPILLS, AIR
EMISSION AND/OR RADIATION EMISSIONS.? CITING ITS OBLIGATION UNDER THE
CLEAN WATER ACT AND THE TOXIC SUBSTANCES CONTROL ACT (TSCA), EPA CLAIMS
TO HAVE CONDUCTED A VERY LIMITED TECHNICAL REVIEW ONLY OF THE ADEQUACY
OF THE SITE FOR PCB STORAGE AND DISPOSAL. ACCORDING TO MR. JORLING'S
LETTER, THE TECHNICAL EVALUATION OF THE FACILITY FOR HANDLING PCB'S
"COULD BE (AND WAS) MEASURED AGAINST (AT THAT TIME) PROPOSED EPA
REGULATIONS CONCERNING THE HANDLING OF PCB'S UNDER TSCA." YET FAR MORE
DANGEROUS CHEMICAL WASTES THAN PCB'S ARE BEING STORED AT THE EARLINE
SITE IN WILSONVILLE. CYANIDE AND DIOXIN, THE LATTER OF WHICH IS SO
DEADLY THAT AS LITTLE AS THREE OUNCES OF DIOXIN IS ENOUGH TO KILL MORE
THAN THREE MILLION PEOPLE, ARE BEING TRUCKED TO WILSONVILLE AND BURIED
IN THAT TINY COMMUNITY.
IF EPA COULD DETERMINE THAT WILSONVILLE WAS SAFE FOR HANDLING PCB'S
USING PROPOSED REGULATIONS, WHY DID NOT THE AGENCY, USING THE PROPOSED
RULES FOR SECTIONS 3001, 3002 AND 3004 ISSUED DECEMBER 18, 1978, MAKE A
DETERMINATION AS TO THE SAFETY OF WILSONVILLE AS A PLACE TO BURY DIOXIN
AND CYANIDE BEFORE FILING ITS AMICUS CURIAE BRIEF FEBRUARY 5, 1979, IN
THE APPEAL OF VILLAGE OF WILSONVILLE ET AL. V. EARTHLINE CORPORATION?
EPA'S RELUCTANCE TO CONDUCT A TECHNICAL EVALUATION BETWEEN THE MIDDLE OF
DECEMBER AND THE FIRST OF FEBRUARY IS INCONSISTENT WITH ITS ACTIONS IN
REVIEWING EARTHLINE S CAPACITY FOR HANDLING PCB'S. NEVER HAVING
DETERMINED THE SAFETY OF THE WILSONVILLE SITE, HOW CAN EPA JUSTIFY
SUBMITTING AN AMICUS BRIEF SUPPORTING THE COMPANY AND THE FACILITY AND
PLACING THE ENOURMOUS PRESTIGE (NOT TO MENTION LIMITLESS ECONOMIC AND
LEGAL RESOURCES) ON THE SIDE OF THE COMPANY AND AGAINST THE PEOPLE OF
WILSONVILLE? EPA HAS GONE OFF HALF-COCKED AND DONE A HALF-BAKED JOB IN
EVALUATING THE SAFETY OF THE EARTHLINE DUMP AT WILSONVILLE.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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THE AGENCY'S SUPPORT OF EARTHLINE COMPROMISES THE IMAGE AND
EFFECTIVENESS OF EPA AND THE ENTIRE FEDERAL GOVERNMENT IN THE EYES OF
THE RESIDENTS OF CENTRAL ILLINOIS.
EPA'S INCONSISTENT AND MUDDLED APPROACH BECOMES MORE OBVIOUS WHEN MR.
JORLING ADDS THE CAVEAT THAT WHEN EPA PERSONNEL TESTIFIED IN THE CASE IT
WAS "THEIR INDIVIDUAL OPINIONS -- BASED ON INFORMATION ABOUT THE
FACILITY AND THEIR KNOWLEDGE OF THE THEN-DEVELOPING EPA HAZARDOUS WASTE
REGULATIONS -- (THAT) THE WILSONVILLE FACILITY COULD BE CONSIDERED
'ACCEPTABLE' AS A HAZARDOUS WASTE MANAGEMENT FACILITY." SINCE A
TECHNICAL EVALUATION FOR THE ENTIRE FACILITY HAS NEVER BEEN MADE, HOW
COULD EPA PERSONNEL PROCLAIM THE SITE "ACCEPTABLE" AS A NAZARDOUS WASTE
FACILITY?
MUCH OF THE CONTROVERSY AND ARGUMENT SURROUNDING THE WILSONVILLE CASE
WOULD HAVE BEEN AVOIDED HAD THREE OF MY LONG STANDING SUGGESTIONS BEEN
IMPLEMENTED. IT IS MY BELIEF THAT NO HAZARDOUS WASTE FACILITY SHOULD
NEVER BE LOCATED NEAF POPULATED AREAS. ONCE SUCH WASTE FACILITIES HAVE
BEEN ESTABLISHED IN A POPULATED AREA, EVEN THE STRICTIST REGULATIONS
GOVERNING THEIR OPERATION ARE LIKELY TO PROVE INADEQUATE. IN THE LAST
SESSION OF CONGRESS I INTRODUCED A BILL THAT WOULD HAVE SOLVED THIS
PROBLEM. I HOPE YOUR SUBCOMMITTEE WILL URGE EPA, IN IMPLEMENTING
SECTION 3005 OF RCRA, TO DEVELOP RULES WHICH MAKE IT IMPOSSIBLE TO
LOCATE A HAZARDOUS WASTE DUMP IN A POPULATED AREA.
SECONDLY, I WOULD HOPE YOU WILL URGE EPA TO CONSTRUCT A WASTE
CLASSIFICATION SYSTEM SUCH AS THOSE IN EFFECT IN ILLINOIS, CALIFORNIA
AND TEXAS WHICH RECOGNIZE THE DEGREE OF HAZRAD. UTILIZING THIS KIND OF
SYSTEM WILL ENABLE MORE REASONABLE, DEFENSIBLE AND LESS INFLATIONARY
REGULATIONS TO BE DEVISED. AND MOST IMPORTANTLY, CLASSIFICATION WILL
ALSO, I BELIEVE, MAKE PUBLIC ACCEPTANCE OF CERTAIN HAZARDOUS WASTE SITES
MORE LIKELY IF PEOPLE KNOW WHAT KINDS OF WASTES ARE TO BE HANDLED AT A
FACILITY. FOR EXAMPLE, FLY ASH IS CONSIDERED HAZARDOUS BUT HAS A LOW
LEVEL OF TOXICITY. GIVEN A LOW TAXIC RATING, PEOPLE SHOULD BE MORE
WILLING TO HAVE FLY ASH STOFED NEAR THEM THAN A WASTE SUCH AS CYANIDE
WHICH HAS A MUCH HIGHER TOXIC RATING.
FINALLY, I FEEL IT IS IMPERATIVE TO HAVE THE PUBLIC PARTICIPATE IN
ALL PHASES OF DETERMINING WHERE HAZARDOUS WASTE SITES SHOULD BE LOCATED.
IN SECTION 3005, EPA IS CONSIDERING WRITING REGULATIONS THAT WOULD MAKE
IT AN OPTION OF THE REGIONAL ADMINISTRATOR TO HOLD PUBLIC HEARINGS TO
CONSIDER WHERE TO LOCATE A HAZARDOUS WASTE SITE. THE EXPERIENCE OF
WILSONVILLE WHOULD NOT BE REPEATED AGAIN. HEARINGS MUST BE HELD AND
FULL DISCLOSURE OF INFORMATION SHOULD BE MINIMUM REQUIREMENTS BEFORE
CONSTRUCTION PERMITS ARE GRANTED FOR THE BUILDING OF A FACILITY. I
WOULD URGE YOU TO ASK EPA TO REQUIRE HEARINGS TO BE HELD AND TO ACCEPT
THIS AS A MINIMUM STANDARD FOR THE PUBLIC PARTICIPATION RULES UNDER
SECTION 3005 OF RCRA.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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THE TRAGIC EXPERIENCES OF LOVE CANAL, THE VALLEY OF THE DRUMS AND
WILSONVILLE SHOULD NEVER BE ALLOWED TO HAPPEN EVER AGAIN. OVERSIGHT BY
YOUR SUBCOMMITTEE OF EPA'S IMPLEMENTATION OF RCRA IS VITAL. I COMMEND
YOU FOR THIS AND OFFER MY ASSISTANCE.
P.S. I WILL BE GRATEFUL IF YOU WILL PRINT THE TEXT OF THIS LETTER IN
YOUR HEARING RECORD.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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THE HONORABLE JAMES J. FLORIO, CHAIRMAN SUBCOMMITTEE ON
TRANSPORTATION AND COMME-CE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES WASHINGTON, D.C. 20515
THE PURPOSE OF THIS LETTER IS TO CONVEY THE COMMENTS OF THE CHAMBER
OF COMMERCE OF THE UNITED STATES REGARDING OVERSIGHT OF THE RESOURCE
CONSERVATION AND RECOVERY ACT OF 1976 (RCRA). THE CHAMBER IS THE
WORLD'S LARGEST BUSINESS FEDERATION WITH OVER 80,000 MEMBERS, 85% OF
WHICH ARE SMALL BUSINESSES. BECAUSE OF THE SIZE AND DIVERSITY OF THE
CHAMBER'S MEMBERSHIP, WE PROBABLY REPRESENT THE BROADEST SPECTRUM OF
PEOPLE AFFECTED BY THE ACT'S VARIOUS REQUIREMENTS.
AS YOU KNOW, MR. CHAIRMAN, THE CHAMBER WAS EXTREMELY ACTIVE IN THE
WORK THAT RESULTED IN RCRA, AND WE WERE ONE OF THE STRONGEST PROPONENTS
OF BOTH A STRONG FEDERAL ROLE IN THE FURTHERANCE OF RESOURCE RECOVERY
AND IN THE CREATION OF A UNIFORM PROGRAM TO CONTROL HAZARDOUS WASTES.
WE WILL DISCUSS BELOW OUR RECOMMENDATIONS FOR AMENDING SUBTITLE C OF
THE ACT TO IMPORVE THE HAZARDOUS WASTE PROGRAM. WE WILL THEN SUGGEST
OTHER AMENDMENTS TO THE STATUTE THAT ARE NECESSARY TO ACHIEVE RCRA'S
GOALS.
IT IS INDEED UNFORTUNATE THAT RECENT EVENTS, WHICH HAVE RECEIVED SO
MUCH ATTENTION BY THE MEDIA, HAVE DIVERTED ATTENTION FROM THE QUESTION
OF WHICH TECHNICAL ADJUSTMENTS MIGHT BE MADE TO RCRA TO ACHIEVE, IN A
REASONABLE MANNER, THE ENVIRONMENTAL PROTECTION GOALS WE ALL SUPPORT.
WE INTEND TO WORK WITH YOU AT A SUBSEQUENT DATE IN THE FORMULATION OF A
RESPONSE TO THE PUBLIC CONCERN OVER THE AFOREMENTIONED INCIDENTS. BUT
WE FEEL THAT ATTENTION MUST FIRST BE GIVEN TO THE ACT ITSELF, TO ENSURE
THAT IT IS BEING IMPLEMENTED IN AS FAIR AND EFFICIENT A MANNER AS
POSSIBLE TO MEET THE ACT'S GOALS. WE COMMEND YOU FOR ARRANGING THE
HEARINGS SCHEDULE SO THAT THOSE ISSUES MIGHT BE GIVEN PROPER ATTENTION.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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ATTACHED IS A COPY OF OUR COMMENTS TO THE ENVIRONMENTAL PROTECTION
AGENCY (EPA) ON THE DECEMBER 18, 1978 PROPOSED REGULATIONS PURSUANT TO
SECTIONS 3001, 3002 AND 3004. THEY EXPRESS THE VIEWS OF A CROSS-SECTION
OF INDUSTRY ON PROVISIONS OF MOST CONCERN.
PURSUANT TO THAT STATEMENT, WHICH WE REQUEST YOU TO INCLUDE, IN ITS
ENTIRETY, IN THE HEARING RECORD, WE PROPOSE THE FOLLOWING AMENDMENTS TO
RCRA TO HELP FACILITATE THE IMPLEMENTATION OF A TRULY EFFECTIVE, YET
REASONABLE, HAZARDOUS WASTE CONTROL PROGRAM.
1. RCRA SHOULD BE AMENDED TO MAKE IT CLEAR THAT HAZARDOUS WASTE
DISPOSAL FACILITIES BEGUN SUBWEUQENT TO THE PASSAGE OF THE ACT, ARE
"GRANDFATHERED." OWNERS OF SUCH SITES ARE IN A QUANDRY SINCE THE
REGULATIONS HAVE BEEN DELAYED. THEY ARE CONFUSED AS TO WHAT IS EXPECTED
OF THEM. ALTHOUGH MOST, IF NOT ALL, HAVE FOLLWED CLOSELY THE VARIOUS
PRELIMINARY DRAFTS OF THE SECTION 3004 REGULATIONS, THE CONTINUAL
CHANGES IN THE DRAFTS HAVE COMPOUNDED THE SITUATION. FURTHERMORE,
ALTHOUGH THE REGULATIONS HAVE FINALLY BEEN ISSUED IN A PROPOSED FORM,
THERE IS NO ASSURANCE THAT A FACILITY BUILT TO THE PROPOSED
SPECIFICATIONS WILL MEET THE FINAL REQUIREMENTS.
2. RCRA SHOULD BE AMENDED TO CLARIFY AND REINTERATE SECTIONS 1004(27)
AND 6005(A) THAT NPDES WATER STORAGE LAGOONS CONSTRUCTED TO MEET
REQUIREMENTS OF THE CLEAN WATER ACT ARE NOT SUBJECT TO THE REQUIREMENTS
OF SUBTITLE C. THIS RISING ISSUE, SHOULD IT NOT BE RESOLVED IN A MANNER
WHICH AGREES WITH OUR READING OF THE STATUTE, WILL COST INDUSTRY (AND
ULTIMATELY THE CONSUMER) MORE THAN ALL OTHER PROVISIONS OF THE ACT
COMBINED. AND MORE TO THE POINT, THE ENVIRONMENT WILL NOT BE ANY BETTER
PROTECTED AS A RESULT.
3. RCRA SHOULD BE AMENDED TO PARALLEL THE CLEAN AIR AND CLEAN WATER
ACTS. THIS WOULD ENSURE THAT EPA RECOGNIZES THE WISDOM BEHIND THE
CONCEPT THAT THRE SHOULD BE A DIFFERENT SET OF STANDARDS FOR EXISTING,
AS COMPARED TO NEW, HAZARDOUS WASTE DISPOSAL SITES. RETROFITTING
EXISTING FACILTIIES TO PUT IN, FOR, EXAMPLE, MONITORING DEVICES BENEATH
LANDFILL LINERS WILL REQUIRE OWNERS TO INCUR A TREMENDOUS EXPENSE AND
WILL PENALIZE THOSE WHO BUILT THEIR FACILITIES USING THE BEST TECHNOLOGY
AVAILABLE. SINCE THEY SPENT MORE TRYING TO BUILD FIRST-CLASS
FACILITIES, THEY WILL NOW BE FACED WITH AN EVEN GREATER EXPENSE TO
RETROFIT SUCH FACILITIES TO INSTALL MONITORS BENEATH THEM. HOWEVER,
SOMEONE WHO PUT IN AN INADEQUATE FACILITY WILL NOT HAVE AS GREAT A
BURDEN IN ACCOMPLISHING SUCH A RETROFIT.
4. SECTION 3001 OF THE ACT SHOULD BE AMENDED TO REQUIRE EPA TO
INITIATE A CLASSIFICATION PROGRAM BASED ON THE "DEGREE OF HAZARD" OF
EACH WASTE. ALTHOUGH EPA HAS WISELY RECOGNIZED THE NEED FOR A "SPECIAL
WASTE" CATEGORY ENCOMPASSING WASTES THAT ARE PRODUCED IN TREMENDOUS
VOLUMES, A FURTHER CLASSIFICATION IS NEEDED.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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TO EXEMPT A HIGHLY TOXIC WASTE IF IT IS PRODUCED IN LESS THAN 100 KG PER
MONTH QUANTITIES WHILE REQUIRING TOTAL CONTROL OF MARGINALLY HAZARDOUS
WASTES BECAUSE THEY ARE PRODUCED IN LARGER QUANTITIES, DOES NOT MAKE
MUCH SENSE.
5. RCRA SHOULD BE AMENDED TO INCLUDE A CONFIDENTIALITY PROVISION
SIMILAR TO THAT INCLUDED IN THE TOXIC SUBSTANCES CONTROL ACT TO ENSURE
THE PROPER PROTECTION OF SENSITIVE INDUSTRY DATA THAT IS REQUIRED TO BE
REPORTED UNDER SUBTITLE C. THERE IS GREAT CONCERN AMONG INDUSTRIAL
EXPERTS THAT WITHOUT SUCH SPECIFIC PROTECTION, SENSITIVE DATA ONTHE
SPECIFIC HAZARDOUS WASTES DISPOSED IN A PARTICULAR LANDFILL MIGHT ENTER
THE PUBLIC DOMAIN, ALLOWING A COMPETITOR, THROUGH SOPHISTICATED
ANALYSIS, TO DETERMINE WHAT PRODUCTS (AND WHAT QUANTITIES OF SUCH
PRODUCTS) ARE PRODUCED AT A PARTICULAR PLANT.
6. RCRA SHOULD BE AMENDED TO REQUIRE THE EPA TO INCLUDE A RISK
ASSESSMENT TEST IN THE PROMULGATION OF VARIOUS CRITERIA AND TESTS
PRUSUANT TO SUBTITLE C. A GREAT MANY COMMENTORS TO EPA ON THE PROPOSED
REGULATIONS HAVE MENTIONED THE NEED FOR A COST-BENEFIT ANALYSIS FOR
VARIOUS SEGMENTS OF THESE REGULATIONS. SUCH AN ANALYSIS SHOULD BE
REQUIRED BY RCRA, AS IT IS IN THE CLEAN AIR ACT. HOWEVER, OF EVEN
GREATER IMPORTANCE IS THE NEED FOR A RISK ASSESSMENT ANALYSIS TO
DETERMINE IF THE DEGREE OF CONTROL REQUIRED IS COMMENSURATE WITH THE
RISK INVOLVED WITH THE DISPOSAL OF EACH SUBSTANCE. WHILE THIS IS A
COMPARATIVELY NEW APPROACH, WE THINK THAT IT HOLDS A GREAT DEAL OF MERIT
IN THAT IT BEGINS TO FOCUS ATTENTION MORE PROPERLY ON THE QUESTION OF
HOW MUCH CONTROL IS NEEDED FOR DIFFERENT SUBSTANCES BASED ON THEIR
DEGREE OF TOXICITY AND PERSISTENCE.
7. RCRA SHOULD BE AMENDED TO PARALLEL THE CLEAN WATER ACT TO EXEMPT A
SUBTITLE C PERMIT APPLICANT, IN A STATE HAVING AUTHORITY TO ISSUE A
HAZARDOUS WASTE PERMIT, FROM THE NEED TO PREPARE AN ENVIRONMENTAL IMPACT
STATEMENT AS REQUIRED BY THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA).
SUCH AN ASSESSMENT MIGHT VERY WELL BE REQUIRED IN STATES WHERE EPA
ISSUES THE PERMIT, BUT THE FACT THAT AN APPLICANT HAS SUCCESSFULLY MET
ALL THE STRINGENT REQUIREMENTS NECESSARY TO RECEIVE A SUBTITLE C
HAZARDOUS WASTE PERMIT SHOULD OBVIATE HIM OR HER FROM HAVING TO UNDERGO
THIS SUPERFLUOUS REQUIREMENT.
THE FOLLOWING SUGGESTIONS RELATE TO AMENDMENTS TO ENSURE THAT RCRA IS
EFFICIENTLY IMPLEMENTED BY EPA IN AREAS OTHER THAN THOSE RELATING TO THE
CONTROL OF HAZARDOUS WASTES:
1. THE ACT SHOULD SPECIFY NATIONAL RESOURCE RECOVERY GOALS TO BE MET
BY EPA (I.E., A CERTAIN NUMBER OF CITIES WITH ONGOING CONSTRUCTION OF
RESOURCE RECOVERY FACILITIES AND/OR A CERTAIN LEVEL OF TONS PEF DAY OF
TRASH BEING CONVERTED BY ENERGY RECOVERY SYSTEMS).
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2. THE DEFINITION OF "SOLID WASTE" SHOULD BE NARROWED. AT PRESENT,
IT IS SO BROAD THAT CONFUSION AND INACTION HAVE LED TO LITTLE OR NO
ENVIRONMENTAL CLEAN UP.
3. SECTION 2006(B), REQUIRING THAT NO LESS THAN 20% OF THE FUNDS
APPROPRIATED UNDER THIS ACT BE SPENT FOR THE PURPOSES OF THE RESOURCE
RECOVERY PANELS, SHOULD BE STRENGTHENED. EPA HAS FAILED MISERABLY TO
MEET THIS REQUIREMENT OF THE ACT, CAUSING A FAILURE OF THE GOALS OF THE
ACT WITH RESPECT TO THE EDUCATION OF MUNICIPAL OFFICIALS AS TO HOW THEY
MIGHT UTILIZE RESOURCE RECOVERY SYSTEMS TO MEET THEIR PARTICULAR NEEDS.
4. SECTION 8003 OF THE ACT HAS BEEN GIVEN VERY LOW PRIORITY BY EPA.
SECTION 8003(A) REQUIRES THE ADMINISTRATOR TO COLLECT, EVALUATE,
COORDINATE AND DISSEMINATE INFORMATION ON VARIOUS ASPECTS OF THE SOLID
WASTE PROBLEM. FAILURE TO DO SO HAS LEFT A VOID IN THE INFORMATION FLOW
NECESSARY TO EDUCATE THE PUBLIC AS TO WHAT CAN AND CANNOT BE DONE TO
PROPERLY DISPOSE OF HAZARDOUS WASTES AND IN THE SITING OF HAZARDOUS AND
NON-HAZARDOUS WASTE LANDFILLS. BY FAILING TO UTILIZE FULLY SECTION
8003(A), THE AGENCY HAS MISSED AN EXCELLENT OPPORTUNITY TO TAKE THE LEAD
IN A PUBLIC EDUCATION EFFORT TO STIMULATE RESOURCE RECOVERY ACTIVITIES
WHICH WOULD PROVIDE MORE JOBS, CLEAN UP THE ENVIRONMENT, BETTER UTILIZE
URBAN LAND AREAS AND SAVE VALUARBLE FOSSIL FUELS.
SECTION 8003(B) REQUIRES EPA TO ESTABLISH A TECHNICAL INFORMATION
LIBRARY. THIS REQUIREMENT HAS BEEN GIVEN A VERY LOW PRIORITY AND IS
ANOTHER MISSED OPPORTUNITY TO PROVIDE A MECHANISM FOR INFORMING CITY
OFFICIALS OF THE REALITIES OF RESOURCE RECOVERY TECHNOLOGY AND THE
EXPERIENCE OTHER COMMUNITIES HAVE HAD IN INVESTING IN SUCH SYSTEMS.
SECTION8003(C) REQUIRES EPA TO SET UP MODEL CODES AND ORDINANCES
PROVIDING FOR SOUND SOLID WASTE MANAGEMENT. A RECENT MEETING OF
INDUSTRY EXPERTS ON THI SUBJECT CITED THE NEED FOR SUCH ORDINANCES IN
ASSISTING MUNICIPALITIES TO BECOME INVOLVED IN RESOURCE RECOVERY
FACILITIES BY HAVING AVAILABLE SUCH MODEL CODES IN THE AREAS OF
PROCUREMENT, CONTRACT, ALTERNATIVE ENERGY SOURCE INCENTIVES, AND TAXES.
THERE WAS A GENERAL INDICTMENT OF THE AGENCY FOR FAILING TO PROVIDE THIS
MUCH-NEEDED EXPERTISE IN THIS FASHION.
5. SUBTITLE E SHOULD BE STRENGTHENED. THE BUREAU OF STANDARDS HAS
PERFORMED ADMIRABLE IN IMPLEMENTING ITS MANDATE OF SECTION 5002 TO
DEVELOP SPECIFICAIONS FOR RECYCLED MATERIALS. BUT, THE ENTIRE
DEPARTMENT OF COMMERCE PROGRAM HAS BEEN SEVERELY HAMPERED BECAUSE IT WAS
NOT GRANTED A DIRECT AUTHORIZATION IN THE ACT. RATHER, THE DEPARTMENT
HAS HAD TO FIGHT DRAWN OUT BUREAUCRATIC BATTLES WITH EPA AND THE OFFICE
OF MANAGEMENT AND BUDGET TO GET SUFFICIENT FUNDS TO CARRY OUT ITS
MANDATE. RCRA SHOULD BE AMENDED TO GIVE THE DEPARTMENT OF COMMERCE A
DIRECT AUTHORIZATION TO ENSURE THAT SUBTITLE E IS MORE EFFECTIVELY
IMPLEMENTED.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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WITH THIS ASSURANCE, COMMERCE COULD MOVE AHEAD EXPEDITIOUSLY TO IDENTIFY
MARKETS FOR RECYCLED MATERIALS WHICH WILL ENCOURAGE MORE CITIES TO
ENGAGE IN RESOURCE RECOVERY. SIMULTANEOUSLY, THE CLOSING OF OPEN DUMPS
WILL MAKE RESOURCE RECOVERY PLANTS EVEN MORE ECONOMICALLY ATTRACTIVE,
AND WE WILL BE WELL ON OUR WAY TO SEEING THE LOOP CLOSED IN CONTROLLING
THE POLLUTION OF OUR URBAN LAND ENVIRONMENT.
WE OFFER THESE RECOMMENDATIONS IN THE HOPE THAT THE ACT WILL INDEED
MEET THE GOALS ENVISIONED BY ITS SUPPORTERS WHEN IT WAS ENACTED. WE
STAND READY TO WORK WITH YOU AND THE SUBCOMMITTEE STAFF TO ENSURE THAT
THE ACT IS ADJUSTED IN A MANNER TO ENSURE ITS SUCCESS. PLEASE FEEL FREE
TO CONTACT OUR STAFF SPECIALIST, GARY KNIGHT (659-6173) SHOULD YOU WISH
TO DISCUSS THESE POINTS IN DETAIL.
RE REQUEST THAT THIS STATEMENT, BE MADE PART OF THE HEARING RECORD.
CC. SUBCOMMITTEE MEMBERS MS. GEORGETTE WALSH
MR. PAUL MALLOY
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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HONORABLE JAMES J. FLORIO CHAIRMAN, SUBCOMMITTEE ON TRANSPORTATION
AND COMMERCE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE HOUSE OF
REPRESENTATIVES WASHINGTON, D.C. 20515
THE GOVERNMENTAL REFUSE COLLECTION AND DISPOSAL ASSOCIATION (GRCDA)
IS UNABLE TO BE PRESENT TO TESTIFY AT THE HEARINGS SCHEDULED FOR MARCH
27 AND 28, 1979, ON THE REAUTHORIZATION OF THE RESOURCE CONSERVATION AND
RECOVERY ACT OF 1976. HOWEVER, WE FEEL THAT THE CONSIDERATIONS AND
DELIBERATIONS OF THE SUBCOMMITTEE REGARDING RCRA ARE FAR TOO IMPORTANT
FOR OUR ASSOCIATION NOT TO PRESENT A GENERAL STATEMENT IN SUPPORT OF THE
SUBCOMMITTEE'S EFFORT AND THE CONTINUATION OF THE AUTHORITIES OF RCRA.
THE GOVERNMENTAL REFUSE COLLECTION AND DISPOSAL ASSOCIATION WAS
ORGANIZED FOR PEOPLE WORKING IN SOLID WASTE MANACEMENT. THE PROGRAM AND
ACTIVITIES OF GRCDA PROVIDE INFORMATION AND SERVICES THROUGH TRAINING,
RESEARCH, DIRECT ASSISTANCE EFFORTS AND TECHNICAL SIMINARS AND PROGRAMS
TO THOSE PEOPLE TO IMPROVE THEIR ABILITY TO DO THEIR JOB.
GRCDA WAS ORGANIZED IN 1961 IN CALIFORNIA BY SOLID WASTE MANACEMENT
PROFESSIONS. GRCDA HAS NOW EXPANDED INTO A INTERNATIONAL ORGANIZATION
THROUGHOUT THE UNITED STATES AND CANADA. APPROXIMATELY 60% OF GRCDA'S
MEMBERSHIP IS EMPLOYED BY PUBLIC AGENCIES AND ORGANIZATIONS AND 40% OF
GRCDA'S MEMBERSHIP IS EMPLOYED BY PRIVATE COMPANIES, FIRMS AND
ORGANIZATIONS. APPROXIMATELY 25% OF GRCDA'S MEMBERSHIP IS CANADIAN.
GRCDA OFFERS A VARIETY OF PROGRAMS TO ITS MEMBERS. GRCDA'S
OBJECTIVES ARE TO PROVIDE EDUCATION AND TRAINING FOR ITS MEMBERS.
THEREFORE, A MAJOR PART OF THE INTERNATIONAL ORGANIZATION AND CHAPTERS'
EFFORTS ARE INVESTED IN THE CONDUCT OF TECHNICAL MEETINGS, TRAINING
PROGRAMS AND SEMINARS TO EXPAND THE KNOWLEDGE AND SKILLS OF OUR
MEMBERSHIP. THROUGH GRCDA'S INTERNATIONAL HEADQUARTERS OFFICE, GRCDA'S
MEMBERSHIP INTERESTS ARE REPRESENTED AT THE FEDERAL LEVEL IN BOTH THE
U.S. AND CANADA. GRCDA ALSO PARTICIPATES IN EFFORTS WITH OTHER
ORGANIZATIONS TO INFLUENCE ACTIONS AT THE FEDERAL, STATE AND LOCAL LEVEL
WHICH HAVE THE POTENTIAL OF IMPACTING SIGNIFICANTLY ON THE MEMBERSHIP.
FROM THIS BRIEF REVIEW OF GRCDA AND ITS PROGRAMS AND ACTIVITIES, AM
SURE THAT YOU CAN UNDERSTAND OUR INTEREST AND SUPPORT IN THE
CONTINUATION OF THE AUTHORITIES OF RCRA.
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GRCDA SUPPORTS FULLY THE RE-AUTHORIZATION OF RCRA AND URGES THAT THE
SUBCOMMITTEE ASSURE THAT THE EFFORTS BEGUN IN BOTH SUBTITLE C AND
SUBTITLE D OF RCRA ARE CONTINUED AND FUNDED FULLY. THESE EFFORTS MUST
BE IMPLEMENTED BY STATE AND LOCAL GOVERNMENT AND THEIR INDUSTRY
PARTNERS. FINANCIAL AND TECHNICAL ASSISTANCE MUST CONTINUE IF WE ARE TO
SEE THE REALIZATION OF THE ELIMINATION OF OPEN DUMPS, INTELLIGENT
CONTROL OF HAZARDOUS WASTES, AND THE ACCELERATION OF THE UTILITIZATION
OF RESOURCE RECOVERY AS AN OPTION IN SOLID WASTE MAMANGEMENT.
THERE ARE SOME PROFOUND CHANGES THAT SHOULD BE CONSIDERED IN THE
AUTHORITIES OF RCRA. HOWEVER, WE WOULD RECOMMEND THAT THE SUBCOMMITTEE
REAUTHORIZE RCRA IN ITS PRESENT FORM AND THEN FOCUS ON THOSE AREAS THAT
NEED CHANGING IN A MORE SYSTEMATIC PROCESS DURING THE REMAINDER OF THIS
YEAR. THERE ARE MANY ISSUES TO CONSIDER AND MANY OPINIONS TO CONSIDER
WHICH CAN ONLY BE DONE THROUGH A MUCH LONGER AND SYSTEMATIC PROCESS.
SOME OF THE ISSUES WHICH WE THINK WILL NEED CAREFUL STUDY AND
CONSIDERATION BEFORE RCRA IS AMENDED INCLUDE:
1. LONG-TERM FINANCIAL RESPONSIBILITY FOR DISPOSAL SITES LICENSED AND
PERMITTED CONSISTENT WITH THE REGULATIONS AND CRITERIA OF BOTH SUBTITLE
D AND SUBTITLE C. WHILE WE HAVE HEARD CONSIDERABLE DISCUSSION ABOUT A
NATIONAL FUND FOR LONG-TERM FINANCIAL LIABILITY FOR CLOSED HAZARDOUS
WASTE SITES WE HAVE NOT SEEN THE SAME CONCERN ABOUT MUNICIPALLY OWNED
SITES THAT MAY HAVE RECEIVED A MIXTURE OF SOLID WASTES NOT CONSIDERED
HAZARDOUS. WE BELIEVE THAT THE FINANCIAL CAPABILITY OF LOCAL GOVERNMENT
TO PAY FOR THE IMPACT OF NON-SUDDEN OCCURRENCES RESULTING FROM THESE
DISPOSAL SITES IS NO GREATER THAN IT IS FOR INDUSTRY. IN THESE DAYS OF
INFLATION, TIGHTENING LOCAL GOVERNMENT BUDGETS, AND THE SPIRIT OF
PROPOSITION 13, WE FEEL THAT LONG-TERM LIABILITY FUNDS SHOULD INCLUDE
ALL TYPES OF DISPOSAL FACILITIES.
2. THE INVENTORY REQUIRED BY SECTION 4005 OF RCRA WILL NO DOUBT
RESULT IN THE DEMAND FOR LOCAL GOVERNMENT TO EXPEND FUNDS JUST TO
DETERMINE IF THEIR SITES ARE IN COMPLIANCE. AT THE PRESENT TIME THERE
IS NO INDICATION THAT FINANCIAL SUPPORT WILL BE MADE AVAILABLE TO OWNERS
AND OPERATORS OF DISPOSAL FACILITIES TO DETERMINE THEIR STATUS. WE
SUGGEST THAT IT IS ONLY APPROPRIATE THAT RCRA FUNDS BE PROVIDED TO
OWNERS AND OPERATORS (PUBLIC AND PRIVATE) OF SITES FOR THE COSTS OF
INVESTIGATIONS REQUIRED BY THE SECTION 4005 INVENTORY.
3. SITE ACQUISITION IS A SIGNIFICANT AND FREQUENTLY IMPOSSIBLE TASK.
FAR TOO OFTEN LOCAL GOVERNMENT IS UNABLE TO OVERCOME CITIZEN RESISTENCE
AND POLITICAL PRESSURE TO MAKE THE DECISIONS NECESSARY. WE SUGGEST THAT
RCRA SHOULD BE AMENDED TO PROVIDE A MEANS BY WHICH STATE GOVERNMENT IS
PROVIDED GUIDANCE, ASSISTANCE, AND INCENTIVES TO EXERCISE THEIR IMMINENT
DOMAIN AUTHORITIES TO ACQUIRE SITES WHEN ALL REASONABLE METHODS HAVE
BEEN EXPENDED BY LOCAL GOVERNMENT AND INDUSTRY.
4. WE CONTINUE TO SUPPORT THE PROVISIONS OF SECTION 2006 REGARDING
THE REQUIREMENT THAT 20% OF THE RCRA BUDGET BE DEVOTED TO THE SUPPORT OF
THE TECHNICAL ASSISTANCE PANELS. HOWEVER, WE SUGGEST THAT THE LANGUAGE
NEEDS TO BE STRENGTHENED IN ORDER TO ASSURE THAT THERE IS 20% ACTUALLY
SPENT ON THE DIRECT DELIVERY OF TECHNICAL ASSISTANCE THROUGH THE PANELS
PROGRAM, AND THAT A SEPARATE ADDITIONAL AMOUNT BE PROVIDED TO THE EPA TO
MANAGE THIS PROGRAM.
5. THE "LOVE CANAL" INCIDENCES ARE MERELY THE BEGINNING OF AN
AWAKENING THAT WE MUST PAY OUR DUES FOR PAST DISPOSAL PRACTICES. WE
SUPPORT SEPARATE LEGISLATION WHICH WOULD PROVIDE FOR A NATIONALLY
ESTABLISHED FUND FOR SUCH INCIDENCES OUTSIDE OF THE LONG-TERM FINANCIAL
RESPONSIBILITY REQUIREMENTS OF SITES MEETING THE REGULATIONS AND
CRITERIA OF RCRA.
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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WHILE THERE IS A NEED FOR A FUND FOR THE CLOSURE, LONGTERN CARE AND
FINANCIAL RESPONSIBILITY OF RCRA SITES, AS WE DISCUSSED IN ITEM ONE OF
THIS LETTER, WE FEEL THAT IN MANY INSTANCES RESPONSIBILITY CANNOT BE
PLACED FOR THE LONG AGO PRACTICES. THEREFORE, THERE MUST BE AN OVERALL
ASSESSMENT AGAINST THE NATION TO TAKE CARE OF THESE OCCURRENCES. AS
SUCH, SUCH A FUND SHOULD BE RAISED AND MANAGED OUTSIDE OF THE
AUTHORITIES OF RCRA OR ANY AMENDMENTS THAT MIGHT OCCUR WITH RCRA.
WE RELAIZE THAT THE ABOVE COMMENTS ARE BRIEF. HOWEVER, GRCDA IS OF
THE OPINION THAT WE SHOULD PROVIDE THIS BRIEF STATEMENT DURING YOUR
CURRENT HEARINGS AND REQUEST THAT WHEN THE SUBCOMMITTEE HOLDS HEARINGS
ON AMENDMENTS THAT WE BE GIVEN A CHANCE TO PROVIDE DETAILED COMMENTS ON
SOME OF THE IDEAS THAT WE HAVE ABOUT AMENDING RCRA. PLEASE CALL ON US
WHENEVER WE CAN BE OF ASSISTANCE TO THE SUBCOMMITTEE.
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HON. JAMES J. FLORIO HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON
TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE WASHINGTON, D.C. 20515
MY NAME IS JEFFREY R. MELNIKOFF AND I AM BY PROFESSION AN ATTORNEY
AND ENGINEER CURRENTLY WORKING IN OHIO. I HAVE DRAFTED THE ATTACHED
PROPOSED AMENDMENT TO THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
WHICH PROPOSES ESTABLISHING A FEDERAL LOAN GUARANTEE PROGRAM TO BUILD
SOLID WASTE FECYCLING FACILITIES. I HAVE, WITH MY OWN TIME AND MONEY,
PROMOTED THIS PROPOSAL THROUGHOUT THE COUNTRY OVER THE LAST TWO YEARS.
THROUGH MY PROMOTIONAL EFFORTS THIS PROPOSAL HAS RECEIVED VERY FAVORABLE
COMMENTS FROM THE SIERRA CLUB, THE CALIFORNIA POLLUTION CONTROL
FINANCING AUTHORITY, THE CONNECTICUT RESOURCES RECOVERY AUTHORITY, AND
THE STATE OF FLORIDA SOLID WASTE CONTROL AGENCY. I HEREBY SUBMIT THIS
STATEMENT AND THE PROPOSAL FOR CONSIDERATION BY THE SUBCOMMITTEE.
1. THE SOLID WASTE RECYCLING INDUSTRY
I FIRMLY BELIEVE THAT THE EXPEDITIOUS DEVELOPMENT OF A SOLID WASTE
RECYCLING INDUSTRY IN THE UNITED STATES WILL SOLVE MANY PROBLEMS
PLAGUING AMERICA. THE DEVELOPMENT OF THIS INDUSTRY WILL ELIMINATE
UNSIGHTLY AND ENVIRONMENTALLY UNDESIRABLE GARBAGE DUMPS FROM THE FACE OF
AMERICA. AN ACTIVE RECYCLING INDUSTRY WILL PROVIDE A NEW SOURCE OF
VITAL RAW MATERIALS, SUCH AS ALUMINUM, STEEL, TIN, ETC. THAT WILL BE
FREELY AVAILABLE AND SUBSTANTIALLY IMMUNE FROM THE INFLUENCE OF FOREIGN
GOVERNMENTS. BECAUSE RECYCLING FACILITIES WILL INEVITABLY BE BUILT
CLOSE TO THE WASTE SOURCES, I.E., MUNICIPALITIES, SUCH FACILITIES WILL
PROVIDE AN URGENTLY NEEDED NEW SOURCE OF EMPLOYMENT FOR URBAN AREAS.
PERHAPS THE MOST IMPORTANT BENEFIT TO BE DERIVED FROM AN ACTIVE
RECYCLING INDUSTRY IS THAT IT WILL PROVIDE A NEW LOW SULPHUR ENERGY
SOURCE. THE ENVIRONMENTAL PROTECTION AGENCY ESTIMATES THAT ONE TON OF
MUNICIPAL WASTE WILL GENERATE THE ENERGY EQUIVALENT OF 1.5 BARRELS OF
OIL.
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THE DEVELOPMENT OF A VIABLE SOLID WASTE RECYCLING INDUSTRY OFFERS THE
SOLUTION TO MANY PRESSING PROBLEMS IN AMERICA. HOWEVER, THE DEVELOPMENT
OF THE INDUSTRY HAS BEEN SUBSTANTIALLY HINDERED BY THE HIGH COST
NECESSARY TO DEVELOP THE TECHNOLOGY AND TO BUILD THE FACILITIES REQUIRED
IN A REALISTIC SOLID WASTE RECYCLING OPERATION. SOME CLAIM THE
TECHNOLOGY CURRENTLY AVAILABLE FOR SOLID WASTE RECYCLING IS IN NEED OF
FURTHER DEVELOPMENT BEFORE IT WARRANTS HEAVY INVESTMENT. THE RATE OF
DEVELOPMENT COULD, HOWEVER, BE ACCELERATED BY MAKING FUNDS AVAILABLE TO
DEVELOP OPERATIONAL SCALE EQUIPMENT. SUCH DEVELOPMENT CANNOT BE
FORTHCOMING UNTIL THERE IS ENOUGH AVAILABLE MONEY TO STAFF AND FUND THE
JOB. ONCE SATISFACTORY TECHNOLOGY BECOMES AVAILABLE, SUBSTANTIAL
FINANCING WILL BE NECESSARY TO BUILD SOLID WASTE RECYCLING FACILITIES
BECAUSE THEY ARE EXPECTED TO BE CAPITAL INTENSIVE.
THE REMEDY SOME OF THE FINANCIAL PROBLEMS OF THIS FLEDGLING INDUSTRY,
I PROPOSE TO AMEND THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 TO
ESTABLISH A FEDERAL LOAN GUARANTEE PROGRAM TO GUARNATEE LOANS TAKEN TO
BUILD AND DEVELOP RECYCLING FACILITIES. SUCH A GUARANTEE PROGRAM WOULD
MAKE MONEY MORE AVAILABLE FROM PRIVATE SOURCES TO BUILD AND DEVELOP THE
NECESSARY FACILITIES.
THE CURRENT METHOD OF FINANCING SOLID WASTE RECYCLING FACILITIES HAS
BEEN THROUGH PRIVATE PLACEMENT OF LOANS THROUGH INVESTMENT BANKING
FACILITIES OR THROUGH THE SALE OF MUNICIPAL BONDS. PRIVATE PLACEMENT OF
LOANS IS PARTICULARLY WELL SUITED FOR PRIVATELY DEVELOPED, BUILT AND
OPERATED FACILITIES. WHEN WORKING THROUGH PRIVATE ORGANIZATIONS, LOANS
CAN BE NEGOTIATED WITHOUT CONSIDERATION FOR THE LEGISLATIVE AUTHORITIES
THAT WOULD BIND MUNICIPALITIES. THOSE KNOWLEDGABLE IN THE BANKING WORLD
CLAIM THERE IS CAPITAL AVAILABLE FOR INVESTMENT IN PROVEN FACILITIES ON
THE CURRENT MARKET. THIS MAY BE TRUE, BUT I NOTE THAT CURIOUSLY THERE
HAS BEEN NO APPARENT SUBSTANTIAL PROGRESS IN THE BUILDING OF PLANTS ON A
SCALE THAT WOULD MARK THE SIGNIFICANT DEVELOPMENT OF THE INDUSTRY.
THERE ARE CURRENTLY SYSTEMS UNDER DEVELOPMENT WHICH HAVE BEEN PRIVATELY
FUNDED AND ARE BELIEVED ECONOMICALLY FEASIBLE. HOWEVER, IT IS A VERY
RARE INSTANCE WHEN ONE SYSTEM CAN SERVICE ALL NEEDS AND I BELIEVE THAT
MONEY IS STILL NEEDED TO STIMULATE THE DEVELOPMENT OF OTHER SYSTEMS
WHICH MAY WORK WHERE THOSE CURRENTLY PLANNED AND FINANCED ARE NOT
ECONOMICALLY FEASIBLE. THUS, A PROGRAM TO GUARANTEE LOANS TAKEN BY
PRIVATE INDUSTRY WOULD STIMULATE THE ROLE OF THE PRIVATE SECTOR IN THE
RECYCLING INDUSTRY.
MUNICIPALITIES ARE THE ENTITIES MUST LIKELY TO BUILD SOLID WASTE
RECYCLING FACILITIES BECAUSE THEY DEAL DIRECTLY WITH THE PROBLEM OF
MUNICIPAL WASTE DISPOSAL.
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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MUNICIPALITIES ARE MOST LIKELY TO USE MUNICIPAL BONDS AS A FINANCING
INSTRUMENT BECAUSE MUNICIPAL BONDS ARE TAX EXEMPT TO THE BONDHOLDER IF
THEY ARE GENERAL REVENUE BONDS OR INDUSTRIAL BONDS UNDER IRC SECTION
103, REGULATIONS SECTION 17.1. HOWEVER AVAILABILITY OF THESE MUNICIPAL
BONDS HAS NOT PROVEN TO BE A CURE-ALL TO MUNICIPAL FINANCING FOR SOLID
WASTE RECYCLING FACILITIES. DESPITE ANY AVAILABLE TAX ADVANTAGES UNDER
THE CURRENT LAWS, SOME CITIES COULD NOT MARKET ANY MUNICIPAL BONDS AT
ALL OR COULD ONLY MARKET THEM AT HIGH INTEREST RATES BECAUSE OF RECENT
DEFAULTS OR BAD CREDIT RATINGS. THUS, SOME MECHANISM MUST BE FOUND TO
EASE THE CREDIT PROBLEMS OF MUNICIPALITIES.
THE LOAN GUARANTEE PROGRAM I HAVE PROPOSED IS APPLICABLE TO BOTH
PRIVATE ORGANIZATIONS AND MUNICIPALITIES. MY PROPOSAL WOULD PUT THE
FINANCIAL STRENGTH OF THE UNITED STATES GOVERNMENT, AS A GUARANTEE,
BEHIND THE LOANS PLACED BY MUNICIPALITIES OR PRIVATE ORGANIZATIONS FOR
THE PURPOSE OF DEVELOPING AND BUILDING SOLID WASTE RECYCLING FACILITIES
COMPLYING WITH THE SPECIFIC PROVISIONS PROVIDED IN THE PROPOSAL. THE
PROVISION OF LOAN GUARANTEES WOULD LOWER THE INTEREST COST ON ANY LOANS
TAKEN OR BONDS SOLD FOR THE PURPOSE OF BUILDING SYCN FACILITIES BY
ELIMINATING RHE RISK OF DEFAULT OF THE BORROWING MUNICIPALITY OR PRIVATE
ORGANIZATION. THE NOTE HOLDER WOULD ULTIMATELY HAVE RECOURSE AGAINST
THE UNITED STATES GOVERNMENT ON THE GUARANTEED NOTE. BY LOWERING THE
INTEREST COST ON THE FINANCING INSTRUCMENTS USED, DEBT SERVICE PAYMENTS
WOULD BE LOWER AND OVERALL CAPITALIZATION COSTS WOULD BE DECREASED IN
BUILDING A SOLID WASTE RECYCLING FACILITY. THE LOWER THE CAPITALIZATION
COST, THE LOWER THE COST OF LONG TERM AMORTIZATION OF THE DEBT. THIS
DECREASED COST WOULD ULTIMATELY LOWER THE COST OF OPERATION AND THE
THROUGHPUT COST PER TON WOULD BE REDUCED TO YEILD MORE PROFITABLE
FACILITIES.
THE LOWER COST OF RAISING MONEY FOR BUILDING SOLID WASTE RECYCLING
FACILITIES WOULD ENCOURAGE INVESTMENT IN THE DEVELOPMENT OF TECHNOLOGY
NEEDED FOR THE INDUSTRY.
FEDERAL LOAN GUARANTEE PROGRAMS HAVE OFTEN BEEN USED IN THE PAST FOR
THE PURPOSE OF STIMULATING DESIRABLE INDUSTRIES AND PROTECTING THE
FINANCIAL INTEGRITY OF MUNICIPALITIES. LISTED BELOW ARE SOME EXAMPLES
OF FEDERAL LOAN GUARANTEE PROGRAMS.
A. FEDERAL LOAN GUARANTEES TO STIMULATE COMMERCIAL ENERGY PRODUCTION
1. FEDERAL LOAN GUARANTEES FOR THE DEVELOPMENT OF GEOTHERMAL ENERGY
FACILITIES, 30 U.S.C. SECTION 1141.
2. FEDERAL LOAN GUARANTEES FOR ENERGY CONSERVATION AND RESOURCE
RENEWAL FACILITIES, 42 U.S.C. SECTION 6881.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
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B. THE FEDERAL GOVERNMENT HAS ALSO PROVIDED LOAN GUARANTEES FOR
GENERAL PURPOSES.
1. LOAN GUARANTEES FOR THE CITY OF NEW YORK, SEASONAL FINANCINC FOR
NEW YORK CITY, 31.U.S.C. SECTION 1501-1510.
2. SHIP MORTGAGE INSURANCE, 46 U.S.C. SECTION 1273.
THUS, THE ESTABLISHMENT OF A FEDERAL LOAN GUARANTEE PROGRAM IS NOT A
PARTICULARLY NEW CONCEPT AND HAS BEEN APPLIED TO STIMULATE DESIRABLE
INDUSTRIES. IT IS MY OPINION THAT THE SOLID WASTE RECYCLING INDUSTRY IS
AN APPROPRIATE INDUSTRY FOR SUCH A PROGRAM.
PROGRAM
ENCLOSED IS A PROPOSED FEDERAL LOAN GUARANTEE PROGRAM FOR SOLID WASTE
RECYCLING FACILITIES TO BE ADDED AS AN AMENDMENT TO THE RESOURCE
CONSERVATION AND RECOVERY ACT OF 1976.
THE PROPOSAL, AS CURRENTLY DRAFTED, INCLUDES CLAUSES WHICH WILL
EFFECTIVELY ESTABLISH THE LOAN GUARANTEE PROGRAM. LISTED BELOW ARE
ASPECTS OF THE PROPOSAL WHICH ARE PARTICULARLY APPLICABLE TO A LOAN
GUARANTEE PROGRAM FOR THE SOLID WASTE RECYCLING INDUSTRY:
1. LOAN GUARANTEES WOULD BE EXTENDED TO BOTH PRIVATE ORGANIZATIONS
AND MUNICIPALITIES; SEE SECTION (A)(1).
2. THE PROGRAM IS LIMITED IN THE MAXIMUM AMOUNT OF LOANS TO BE
GUARANTEED TO $10,000,000,000 TO PROVIDE A BUDGETARY GUIDE FOR A MAXIMUM
SINKING FUND; SEE SECTION (A)(1).
3. THE PROPOSAL LIMITS THE MAXIMUM AMOUNT OF LOANS TO BE GUARANTEED
FOR EACH FACILITY TO $60,000,000,000; SEE SECTION (B)(10).
4. THE PROPOSAL PROVIDES THAT FINANCIAL ASSISTANCE IN THE FORM OF A
GUARANTEE WILL NOT BE EXTENDED WHERE THE SECRETARY, THE TREASURER AND
THE ADMINISTRATOR ARE SATISFIED THAT FUNDS MAY BE OTHERWISE MADE
AVAILABLE FROM PRIVATE LENDERS. THIS PROVISION WOULD NOT HINDER THE
EFFORTS OF THOSE CURRENTLY IN THE PRIVATE LOAN PLACEMENT BUSINESS; SEE
SECTION (7)(B).
5. THE PROPOSAL REQUIRES THAT GUARANTEES WOULD ONLY BE EXTENDED TO
FACILITIES THAT HAVE BEEN PROVEN IN PILOT PLANT OPERATIONS. THIS CLAUSE
IS INTENDED TO LIMIT THE PROGRAM APPLICATIONS TO THOSE FACILITIES PROVEN
IN WORKING DESIGNS, THUS INSURING MORE SECURE LOANS AND A TECHNICALLY
SOUND DEVELOPMENT OF THE INDUSTRY; SEE SECTION (B)(9).
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6. THE PROGRAM REQUIRES THAT LOAN GUARANTEES WILL ONLY BE EXTENDED TO
THOSE FACILITIES THAT COMPLY WITH WATER AND AIR POLLUTION LAWS, SEE
SECTION (B)(4), AND STATE SOLID WASTE DISPOSAL PLANS, SEE SECTION
(B)(1).
7. THE PROGRAM REQUIRES THAT THOSE SEEKING GUARANTEES PROVIDE
ASSURANCES AND PROOF TO THE ADMINISTRATOR THAT THERE ARE ADEQUATE
MARKETS TO SELL END PRODUCTS OF THE RECYCLING PROCESS TO ENSURE THE
ECONOMIC VIABILITY OF THE FACILITY; SEE SECTION (B)(3).
8. THE PROGRAM ALLOWS GUARANTEES TO COVER UP TO 100% OF THE LOANED
AMOUNT TO MUNICIPALITIES. THIS CLAUSE WOULD EXTEND THE LOAN GUARANTEE
PROGRAM TO HELP CITIES WHO COULD NOT MARKET BONDS OR BORROW MONEY
WITHOUT FEDERAL GUARANTEES, SEE SECTION (B)(6).
IT IS TO THE BENEFIT OF THE UNITED STATES THAT A VIABLE SOLID WASTE
RECYCLING INDUSTRY BE DEVELOPED AS SOON AS POSSIBLE. THE PROPOSAL WOULD
HELP OVERCOME SOME OF THE DIFFICULTIES ENCOUNTERED IN FINANCING THE
DEVELOPMENT OF SUCH AN INDUSTRY. THE COMMITTEE IS URGED TO BRING THIS
PROPOSAL BEFORE THE CONGRESS OF THE UNITED STATES AS AN AMENDMENT TO THE
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 TO ESTABLISH A FEDERAL
LOAN GUARANTEE PROGRAM FOR SOLID WASTE RECYCLING. I WILL BE AVAILABLE
FOR ANY CONSULTATION OR ASSISTANCE YOU NEED. THANK YOU FOR YOUR
CONSIDERATION.
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(A)(1) GENERAL -- THE ADMINSTRATOR OF THE ENVIRONMENTAL PROTECTION
AGENCY IS AUTHORIZED, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION
AND SUCH RULES AND REGULATIONS AS HE SHALL PRESCRIBE, AND AFTER
CONSULTATION WITH THE SECRETARY OF THE TREASURY, TO GUARANTEE AND TO
MAKE COMMITMENTS TO GUARANTEE THE BONDS, DEBENTURES, NOTES, AND OTHER
OBLIGATIONS ISSUED BY OR ON BEHALF OF
A -- ANY STATE, MUNICIPALITY, OR INTERMUNICIPAL AGENCY, OR
B -- IN THE CASE OF FACILITIES OR EQUIPMENT FOR THE PROCESSING
OF SOLID WASTES AND THE UTILIZATION OF RECOVERED RESOURCES, ANY
OTHER PERSON, INSTITUTION, ORGANIZATION, CORPORATION, OR PARTNERSHIP
FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND STARTUP AND RELATE
DEVELOPMENT COSTS OF COMMERCIAL FACILITIES NECESSARY TO THE CREATION
OF RESOURCE CONVERSION OR RESOURCE RECOVERY SYSTEMS FOR MUNICIPAL
SOLID WASTES, INCLUDING THE CONSTRUCTION OR MODIFICATION OF
COMMERCIAL FACILITIES OR ACQUISITION OR EQUIPMENT NECESSARY FOR
THE UTILIZATION OF RECOVERED RESOURCES, INCLUDING FUEL PRODUCED
BY SUCH SYSTEM: PROVIDED, THAT THE OUTSTANDING INDEBTEDNESS
GUARANTEED UNDER THIS ACT AT NO TIME EXCEEDS $10,000,000,000;
PROVIDED FURTHER, THAT NO GUARANTEE OR COMMITMENT TO GUARANTEE
SHALL BE UNDERTAKEN UNDER THIS ACT AFTER SEPTEMBER 30, 1985
(2) AN APPLICANT FOR A LOAN GUARANTEE UNDER THIS SECTION SHALL
PROVIDE EVIDENCE IN WRITING TO THE ADMINISTRATOR IN SUCH FORM AND WITH
SUCH CONTENT AND OTHER SUBMISSIONS AS THE ADMINISTRATOR DEEMS NECESSARY
TO PROTECT THE INTEREST OF THE UNITED STATES. EACH GUARANTEE AND
COMMITMENT TO GUARANTEE SHALL BE EXTENDED IN SUCH FORM, UNDER SUCH TERMS
AND CONDITIONS, AND PURSUANT TO SUCH REGULATIONS AS THE ADMINISTRATOR,
WITH THE CONCURRENCE OF THE SECRETARY OF THE TREASURY, DEEMS
APPROPRIATE.
(B) CONDITIONS -- THE ADMINISTRATOR SHALL GUARANTEE OR MAKE A
COMMITMENT TO GUARANTEE UNDER SUBSECTION (A) OF THIS SECTION, WITH
RESPECT TO A FACILITY OF A RESOURCE CONSERVATION OR RESOURCE RECOVERY
SYSTEM, OR COMPONENT THEREOF, ONLY IF
1. SUCH SYSTEM IS CERTIFIED BY THE STATE TO BE CONSISTENT WITH ANY
APPLICABLE ESTATE OR AREA WIDE PLANS OR PROGRAMS;
2. THE APPLICANT AGREES THAT SUCH SYSTEM WILL BE CONSISTENT WITH ANY
APPLICABLE GUIDELINES PUBLISHED UNDER SECTION 4002(A) OF THIS ACT AND
WILL MEET THE REQUIREMENTS OF SECTIONS 4003-4005 AND 3001-3011 OF THIS
ACT;
3. THE ADMINISTRATOR IS SATISFIED THAT THE RESOURCE CONSERVATION OR
RESOURCE RECOVERY SYSTEM IS APPROPRIATE FOR THE AREA TO BE SERVED, THAT
THE PROPOSED SYSTEM DOES NOT DUPLICATE OR DISPLACE EXISTING RESOURCE
CONSERVATION OR RESOURCE RECOVERY SERVICES IN THE AREA, AND THAT A
REALISTIC PLAN FOR ACHIEVING OPERATIONAL AND FINANCIAL SELF-SUFFICIENCY
WITHIN A REASONABLE TIME EXISTS FRO THE PROPOSED SYSTEM, INCLUDING
ADEQUATE NEW AND STABLE MARKETS, SUCH AS A LONG-TERM CONTRACTUAL
COMMITMENT FOR A SIGNIFICANT PROPORTION OF THE RECOVERED RESOURCES;
4. SUCH SYSTEM WILL COMPLY WITH EFFLUENT LIMITATIONS UNDER THE
FEDERAL WATER POLLUTION CONTROL ACT AND WITH NEW SOURCE EMISSION
LIMITATIONS OR REQUIREMENTS OF AIR QUALITY IMPLEMENTATION PLANS UNDER
THE CLEAR AIR ACT;
5. THE ADMINISTRATOR IS SATISFIED THAT COMPETITION AMONG PRIVATE
ENTITIES FOR THE CONSTRUCTION OR OPERATION OF THE SYSTEM OR FACILITY TO
BE ASSISTED UNDER THIS SECTION WILL BE IN NO WAY LIMITED OR PRECLUDED;
6. THE AMOUNT GUARANTEED DOES NOT EXCEED 75 PER CENTUM OF THE TOTAL
PROJECT COST OF THE FACILITY ASSISTED FOR A PROJECT OWNED AND OPERATED
BY PARTIES DEFINED IN PART (A)(1)(B) OF THIS SECTION AND THE AMOUNT
GUARANTEED MAY INCLUDE UP TO 100 PER CENTUM OF THE TOTAL PROJECT COST OF
THE FACILITY WHERE OBLIGATIONS ARE ISSUED BY OR ON BEHALF OF PARTIES
DEFINED IN PART (A)(1)(A) OF THIS SECTION:
A. IN THE CASE OF GOVERNMENTAL APPLICANTS, FROM GENERAL TAX REVENUES
OR ASSESSMENTS OR THE PROCEEDS OF BOND SALES; AND
B. IN THE CASE OF PRIVATE APPLICANTS, FROM INVESTED OR BORROWED
CAPITAL NOT SUBJECT TO ANY PUBLIC LOAN, GUARANTEE, OR GRANT PROGRAM;
7. THE SECRETARY OF THE TREASURY AND THE ADMINISTRATOR ARE SATISFIED
THAT THE FINANCIAL ASSISTANCE APPLIED FOR IS NOT OTHERWISE AVAILABLE
FROM PRIVATE LENDERS OR FROM OTHER FEDERAL AGENCIES ON TERMS WHICH IN
THE OPINION OF THE SECRETARY AND THE ADMINISTRATOR WILL PERMIT THE
CREATION OF THE RESOURCE CONSERVATION OR RESOURCE RECOVERY SYSTEM, AND
SUCH ASSISTANCE IS NECESSARY TO ENCOURAGE FINANCIAL PARTICIPATION IN
SUCH FACILITY BY PRIVATE LENDERS OR INVESTORS;
8. THE ADMINISTRATOR HAS DETERMINED THAT THERE WILL BE A CONTINUED
REASONABLE ASSURANCE OF FULL REPAYMENT;
9. THE FACILITY WILL USE TECHNOLOGY PROVEN TO OPERATE WITHIN THE
PROPOSED SPECIFICATION OF AN OPERATIONAL PILOT PLANT TEST FACILITY
(PILOT PLANT FACILITY ID DEFINED TO BE AN ACTUAL WORKING PLANT AND NOT A
LABORATORY FACILITY.);
10. THE MAXIMUM AMOUNT OF LOANS GUARANTEED FOR ANY INDIVIDUAL
FACILITY UNDER THIS ACT SHALL NOT EXCEED $60,000,000.
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(C). EXCEPT IN ACCORDANCE WITH REASONABLE TERMS AND CONDITIONS
CONTAINED IN THE WRITTEN CONTRACT OF GUARANTEE, NO GUARANTEE ISSUED OR
COMMITMENT TO GUARANTEE MADE UNDER THIS SECTION SHALL BE TERMINATED, OR
CANCELLED, OR OTHERWISE REVOKED. SUCH A GUARANTEE OR COMMITMENT SHALL
BE CONCLUSIVE EVIDENCE THAT THE UNDERLYING OBLIGATION IS IN COMPLIANCE
WITH THE PROVISIONS OF THIS SECTION AND THAT SUCH OBLIGATION HAS BEEN
APPROVED AND IS LEGAL AS TO PRINCIPAL, INTEREST, AND OTHER TERMS.
SUBJECT TO THE CONDITIONS OF THE GUARANTEE OR COMMITMENT TO GUARANTEE,
SUCH A GUARANTEE SHALL BE INCONTESTABLE IN THE HANDS OF THE HOLDER OF
THE GUARANTEED OBLIGATION, EXCEPT AS TO FRAUD, OR MATERIAL
MISREPRESENTATION ON THE PART OF THE HOLDER.
(D). (1) IF THERE IS A DEFAULT BY THE BORROWER AS DEFINED IN THE
REGULATIONS PROMULGATED BY THE ADMINISTRATOR AND IN THE GUARANTEE
CONTRACT, THE HOLDER OF THE OBLIGATION SHALL HAVE THE RIGHT TO DEMAND
PAYMENT OF THE UNPAID AMOUNT FROM THE ADMINISTRATOR.
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WITHIN SUCH PERIOD AS MAY BE SPECIFIED IN THE GUARANTEE OR RELATED
AGREEMENTS, THE ADMINISTRATOR SHALL PAY TO THE HOLDER OF THE OBLIGATION
THE UNPAID INTEREST ON AN UNPAID PRINCIPAL OF THE GUARANTEED OBLIGATION
AS TO WHICH THE BORROWER HAD DEFAULTED, UNLESS THE ADMINISTRATOR FINDS
THAT THERE WAS NO DEFAULT BY THE BORROWER IN THE PAYMENT OF INTEREST OR
PRINCIPAL OR THAT SUCH DEFAULT HAS BEEN REMEDIED. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO PRECLUDE ANY FOREBEARANCE BY THE HOLDER OF
THE OBLIGATION FOR THE BENEFIT OF THE BORROWER WHICH MAY BE AGREEN UPON
BY THE PARTIES TO THE GUARANTEED OBLIGATION AND APPROVED BY THE
ADMINISTRATOR.
(2). IN THE EVENT OF A DEFAULT ON ANY GUARANTEE UNDER THE SECTION,
THE ADMINISTRATOR SHALL NOTIFY THE ATTORNEY GENERAL, WHO SHALL TAKE SUCH
ACTION AS MAY BE APPROPRIATE TO RECOVER THE AMOUNTS OF ANY PAYMENTS MADE
UNDER PARAGRAPH (1) (INCLUDING ANY PAYMENT OF INTEREST UNDER SUBSECTION
(E) OF THIS SECTION) FROM SUCH ASSETS OF THE DEFAULTING BORROWER AS ARE
ASSOCIATED WITH THE COMMERCIAL FACILITY, OR FROM ANY OTHER SECURITY
INCLUDED IN THE TERMS OF THE GUARANTEE.
(3). FOR PURPOSES OF THIS SECTION, PATENTS, AND TECHNOLOGY RESULTING
FROM THE COMMERCIAL FACILITY SHALL BE TREATED AS PROJECT ASSETS OF SUCH
FACILITY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE GUARANTEE
AGREEMENT. FURTHERMORE, THE GUARANTEE AGREEMENT SHALL CONTAIN A
PROVISION SPECIFYING THAT PATENTS, TECHNOLOGY, AND OTHER PROPRIETARY
RIGHTS WHICH ARE NECESSARY FOR THE COMPLETION OR OPERATION OF THE
COMMERCIAL FACILITY SHALL BE AVAILABLE TO THE GOVERNMENT AND ITS
DESIGNEES ON EQUITABLE TERMS, INCLUDING DUE CONSIDERATION TO THE AMOUNT
OF THE GOVERNMENT'S DEFAULT PAYMENTS.
(E) WITH RESPECT TO ANY OBLIGATION GUARANTEED UNDER THIS SECTION THE
ADMINISTRATOR IS AUTHORIZED TO ENTER INTO A CONTRACT TO PAY, AND TO PAY,
THE HOLDERS OF THE OBLIGATION FOR AN ON BEHALF OF THE BORROWER FROM THE
FUND ESTABLISHED BY THIS SECTION THE PRINCIPAL AND INTERESTS PAYMENTS
WHICH BECOME DUE AND PAYABLE ON THE UNPAID BANANCE OF SUCH LOAN IF THE
ADMINISTRATOR FINDS THAT
(1)(A) THE BORROWER IS UNABLE TO MEET SUCH PAYMENTS AND IS NOT IN
DEFAULT; (B) IT IS IN THE PUBLIC INTEREST TO PERMIT THE BORROWER TO
CONTINUE TO PURSUE THE PURPOSES OF SUCH FACILITY; AND (C) THE PROBABLE
NET BENEFIT TO THE FEDERAL GOVERNMENT IN PAYING SUCH PRINCIPAL AND
INTEREST WILL BE GREATER THAN THAT WHICH WOULD RESULT IN THE EVENT OF A
DEFAULT;
(2) THE AMOUNT OF SUCH PAYMENT WHICH THE ADMINISTRATOR IS AUTHORIZED
TO PAY SHALL BE NO GREATER THAN THE AMOUNT OF PRINCIPAL AND INTEREST
WHICH THE BORROWER IS OBLIGATED TO PAY UNDER THE LOAN AGREEMENT; AND
(3) THE BORROWER AGREES TO REIMBURSE THE ADMINISTRATOR FOR SUCH
PAYMENTS ON TERMS AND CONDTIONS, INCLUDING INTEREST, WHICH ARE
SATISFACTORY TO THE ADMINISTRATOR.
(F). THE ADMINISTRATOR SHALL CHARGE AND COLLECT FEES FOR GUARANTEES
OF OBLIGATIONS AUTHORIZED BY THIS SECTION IN AMOUNTS SUFFICIENT IN THE
JUDGMENT OF THE ADMINSTRATOR TO COVER THE APPLICABLE ADMINISTRATIVE
COSTS AND PROBABLE LOSSES ON GUARANTEED OBLIGATIONS , BUT IN ANY EVEN
NOT TO EXCEED 1 PER CENTUM PER ANNUM OF THE OUTSTANDING INDEBTEDNESS
COVERED BY THE GUARANTEE.
(G) NO PART OF THE PROGRAM AUTHORIZED BY THIS SECTION SHALL BE
TRANSFERRED TO ANY OTHER AGENCY OR AUTHORITY, EXCEPT PURSUANT TO ACT OF
CONGRESS HEREINAFTER ENACTED.
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/1/ NRDC, WHOSE PRINCIPAL OFFICE IS AT 122 E. 42ND STREET, NEW YORK,
NEW YORK 10017, AND WHICH HAS ADDITIONAL OFFICES IN WASHINGTON, D.C. AND
PALO ALTO, CALIFORNIA, HAS A MEMBERSHIP OF APPROXIMATELY 22,000 PERSONS,
INCLUDING MEMBERS RESIDING IN 8 FOREIGN COUNTRIES. THE SIERRA CLUB,
WHOSE PRINCIPAL PLACE OF BUSINESS IS AT 530 BUSH STREET, SAN FRANCISCO,
CALIFORNIA 94104, HAS A MEMBERSHIP OF APPROXIMATELY 180,000 PERSONS,
INCLUDING PERSONS RESIDING IN 87 FOREIGN COUNTRIES. WILDERNESS, WHICH
HAS ITS PRINCIPAL OFFICE AT 1901 PENNSYLVANIA AVENUE, N.W., WASHINGTON,
D.C. 20006 AND A FIELD OFFICE IN DENVER, COLORADO, HAS A MEMBERSHIP OF
APPROXIMATELY 65,000 PERSONS. EDF, WHOSE PRINCIPAL PLACE OF BUSINESS IS
475 PARK AVENUE, NEW YORK, NEW YORK 10016, HAS A MEMBERSHIP OF
APPROXIMATELY 45,000 PERSONS AND A 700-MEMBER SCIENTIST'S ADVISORY
COMMITTEE, INCLUDING MEMBERS RESIDING IN 18 FOREIGN COUNTRIES. FOE,
WHOSE PRINCIPAL PLACE OF BUSINESS IS 124 SPEAR STREET, SAN FRANCISCO,
CALIFORNIA 94105, HAS A MEMBERSHIP OF 20,000 PERSONS AND IS AFFILIATED
WITH "SISTER ORGANIZATIONS" IN 12 FOREIGN COUNTRIES. AUDUBON, WHICH HAS
ITS PRINCIPAL OFFICE AT 950 THIRD AVENUE, NEW YORK, NEW YORK 10022, HAS
A MEMBERSHIP OF MORE THAN 340,000 PERSONS, INCLUDING MEMBERS IN MORE
THAN 100 FOREIGN COUNTRIES. EPC'S PRINCIPAL OFFICE IS AT 317
PENNSYLVANIA AVENUE, S.E., WASHINGTON, D.C. 20003; IT HAS NO MEMBERS
ITSELF BUT REPRESENTS COALITIONS OF CITIZENS AROUND THE COUNTRY ON
ENERGY AND NATURAL RESOURCES ISSUES.
/2/ PEGGY BROWN, A LAW STUDENT INTERN IN THE CENTER'S CLINICAL
PROGRAM, HELPED PREPARE THIS TESTIMONY.
MR. CHAIRMAN, MEMBERS OF THE COMMITTEE:
I AM JANES, BARNES, A LAWYER WITH THE CENTER FOR LAW AND SOCIAL
POLICY, A PUBLIC-INTEREST LAW FIRM IN WASHINGTON, D.C. I APPRECIATE THE
OPPORTUNITY TO APPEAR BEFORE YOU TODAY ON BEHALF OF SEVEN ENVIRONMENTAL
ORGANIZATIONS -- THE NATURAL RESOURCES DEFENSE COUNCIL, SIERRA CLUB,
WILDERNESS SOCIETY, ENVIRONMENTAL DEFENSE FUND, FRIENDS OF THE EARTH,
NATIONAL AUDUBON SOCIETY, AND ENVIRONMENTAL POLICY CENTER (HEREINAFTER
THE "ENVIRONMENTAL ORGANIZATIONS") /1/ -- TO PRESENT THEIR VIEWS ON
LEGISLATION CONCERNING LIABILITY AND COMPENSATION TO COVER SPILLS OF OIL
AND HAZARDOUS SUBSTANCES. /2/
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THESE NATIONAL ENVIRONMENTAL ORGANIZATIONS HAVE LONG TAKEN AN ACTIVE
INTEREST IN PROTECTION OF THE MARINE ENVIRONMENT. THEY BEGAN THEIR
INVOLVEMENT WITH THE SUBJECT OF OIL POLLUTION LIABILITY THROUGH THEIR
SUBMISSION OF COMPREHENSIVE COMMENTS TO, AND OTHER CONTACTS WITH, THE
DEPARTMENT OF STATE IN RELATION TO THE NEGOTIATION OF THE 1971
INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND
FOR COMPENSATION FOR OIL POLLUTION DAMAGE. SINCE THEN, WE HAVE
TESTIFIED ON NUMEROUS OCCASIONS BEFORE HOUSE AND SENATE COMMITTEES ON
PROPOSED LIABILITY LEGISLATION.
THE ENVIRONMENTAL ORGANIZATIONS BELIEVE THAT EXISTING INTERNATIONAL,
NATIONAL AND STATE LAWS ON LIABILITY AND COMPENSATION ARE INADEQUATE,
AND WE APPRECIATE THIS COMMITTEE'S CONTINUING INTEREST IN OBTAINING
COMPREHENSIVE LEGISLATION IN THIS AREA. WE LOOK FORWARD TO THE
ENACTMENT OF A LIABILITY AND COMPENSATION SCHEME THAT WILL ENSURE FAIR
AND EFFICIENT COMPENSATION FOR ALL DAMAGES RESULTING FROM SPILLS;
ENCOURAGE A HIGH STANDARD OF CARE AND PROMPT, THOROUGH CLEANUP OF
SPILLS; AND THAT RESULTS IN THE RISKS OF TRANSPORTING OIL AND HAZARDOUS
MATERIALS BEING INTERNALIZED BY INDUSTRY. WE BELIEVE THAT BOTH H.R. 85
AND H.R. 29 REPRESENT CONSTRUCTIVE APPROACHES. WE WOULD, HOWEVER,
SUGGEST CERTAIN MODIFICATIONS, WHICH I WILL OUTLINE IN MY TESTIMONY.
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THE ENVIRONMENTAL ORGANIZATIONS ARE CONCERNED THAT THE
JURIDSDICTIONAL DISPUTES AMONG VARIOUS COMMITTEES THAT PREVENTED PASSAGE
OF LEGISLATION LAST SESSION NOT BE REPEATED THIS YEAR.
THE LIMIT LF LIABILITY FOR SHIPS UNDER BOTH H.R. 85 AND H.R. 29 IS
$300 PER GROSS TON, UP TO A MAXIMUM OF $30 MILLION AND $50 MILLION
RESPECTIVELY. WE FEEL VERY STRONGLY THAT LIABILITY LIMITS SHOULD BE
RELATED TO THE SIZE OF THE VESSEL, REGARDLESS OF HOW LARGE THE SHIP IS.
THERE DOES NOT APPEAR TO BE ANY SOUND REASON FOR CHOOSINC AN ARBITRARY
UPPER LIMIT THAT IS NOT LINKED TO VESSEL SIZE. FOR FAIRNESS AND IN
ORDER TO REDUCE THE PROBABILITY OF VERY LARGE SPILLS OCCURRING,
SUPERTANKERS SHOULD NOT BE PUT IN A FAVORED POSITION.
WE ALSO SUGGEST THE ADDITION OF AN AUTOMATIC INFLATION ESCALATION
CLAUSE UNDER WHICH LIABILITY LIMITS WOULD BE ADJUSTED ANNUALLY TO THE
NEAREST FULL PERCENTAGE IN THE CONSUMER PRICE INDEX.
ONE THING WE HOPE TO SEE ACHIEVED IN THE LEGISLATION IS THE
INTERNALIZATION OF SPILLAGE COSTS ASSOCIATED WITH THE TRANSPORTATION OF
OIL AND HAZARDOUS SUBSTANCES. CONSEQUENTLY, ONE OF THE MOST IMPORTANT
ISSUES A SPILL LIABILITY BILL MUST ADDRESS IS WHAT DEFENSES SPILLERS
WILL BE ABLE TO ASSERT WHEN SUED BY CLAIMANTS. THE BASIC PREMISE OF THE
BILL MUST BE STRICT LIABILITY. OIL SPILLS ARE AN INHERENT RISK IN THE
EXTRAORDINARILY PROFITABLE BUSINESS OF HANDLING AND SELLING OIL.
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THE TRANS-ALASKAN PIPELINE ACT FUND, ESTABLISHED BY CONGRESS IN 1973,
WOULD TERMINATE WITH THE ENACTMENT OF A SUPERFUND BILL. IT PROVIDES
DEFENSES TO LIABILITY ONLY FOR ACTS OF WAR AND THE NEGLIGENCE OF THE
UNITED STATES IN MAINTAINING NAVIGATION AIDS. WE URGE THE CONGRESS NOT
TO TAKE REGRESSIVE STEPS IN PASSING NEW LEGISLATION, BUT TO MAINTAIN THE
POSITION ON ALLOWABLE DEFENSES SET IN 1973.
H. R. 85 WOULD ALLOW A SPILLER A COMPLETE DEFENSE IF IT CAN SHOW A
DISCHARGE WAS CAUSED "PRIMARILY" BY AN ACT OF WAR, HOSTILITIES, CIVIL
WAR OR INSURRECTION, OR BY A NATURAL PHENOMENON. NOT ONLY IS THIS A
SIGNIFICANT STEP AWAY FROM THE CONCEPT OF STRICT LIABILITY, BUT IT IS
ALSO BOUND TO DELAY THE SETTLEMENT OF CLAIMS AND TO CREATE ENDLESS
LITIGATION. THEREFORE, WE STRONGLY PREFER H.R. 29'S USE OF THE WORD
"SOLELY" RATHER THAN "PRIMARILY" TO ESTABLISH THE PARAMETERS OF
ALLOWABLE DEFENSES.
BOTH BILLS WOULD ESTABLISH A COMPARATIVE NEGLIGENCE SCHEME, WITH THE
SPILLER BEING RELIEVED OF LIABILITY TO THE EXTENT THAT THE SPILL WAS
CAUSED BY EITHER THE CLAIMANT'S NEGLIGENCE OR BY THE ACT OR OMISSION OF
A THIRD PARTY. THIS IS ALSO AN UNACCEPTABLE ENCROACHMENT ON THE
PRINCIPLE OF STRICT LIABILITY.
WE DO NOT SUPPORT THE PROVISION OF AN INCLUSIVE ACT OF GOD DEFENSE.
IF A PHENOMENON IS NOT TOTALLY UNEXPECTED, IT SHOULD BE CONSIDERED PART
OF THE NORMAL RISK OF TRANSPORTING THE OIL. IF AN ACT OF GOD DEFENSE IS
TO BE INCLUDED, IT SHOULD BE NARROW AND CLEARLY WRITTEN. THE FOLLOWING
LANGUAGE IS ILLUSTRATIVE:
"A NATURAL PHENOMENON OF A TYPE TOTALLY UNEXPECTED, GIVEN THE AREA,
THE SEASON, AND THE PAST HISTORY OF CONDITIONS."
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WHATEVER THE DEFENSES TO LIABILITY ALLOWED TO A SPILLER, THE FUND
ITSELF, WHICH WILL BE THE COMPENSATION RESOURCE OF LAST RESORT, SHOULD
NOT BE ABLE TO ASSERT ANY DEFENSES. BOTH H.R. 85 AND H.R. 29 APPEAR TO
ALLOW, IF NOT REQUIRE, THE FUND TO ASSERT THE SAME DEFENSES AGAINST
INJURED PARTIES THAT WOULD BE AVAILABLE TO A SPILLER. THIS OBVIOUSLY
WOULD DEFEAT THE MAJOR PURPOSE OF SUCH LEGISLATION, WHICH IS TO ENSURE
THAT ALL VICTIMS OF SPILLS WHO SUFFER LOSS DUE TO SPILLS ARE FULLY
COMPENSATED.
-A) OIL: THE SUPERFUND LEGISLATION SHOULD NOT CONTAIN A LIMITED
DEFINITION OF WHAT CONSTITUTES "POL POLLUTION". IN THIS REGARD, THE
ENVIRONMENTAL ORGANIZATIONS STRONGLY SUPPORT H.R. 29, WHICH INCORPORATES
THE DEFINITION CONTAINED IN SECTION 311 OF THE FWPCA:
"OIL" MEANS OIL OF ANY KIND OR IN ANY FORM, INCLUDING BUT NOT LIMITED
TO, PETROLEUM, FUEL OIL, SLUDGE, OIL REFUGE, AND OIL MIXED WITH WASTES
OTHER THAN DREDGED SPOIL.
USE OF A DEFINITION THAT DIFFERS FROM THE FWPCA WOULD SERVE NO PUBLIC
PURPOSE AND WOULD CREATE UNCERTAINTY AND CONFUSION IN THE WATERS WHERE
BOTH WOULD APPLY.
(B) HAZARDOUS SUBSTANCES: WE BELIEVE THAT IT IS DESIRABLE FOR
HAZARDOUS SBUSTANCES TO BE INCLUDED IN THIS COMPREHENSIVE LIABILITY AND
COMPENSATION SCHEME.
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ALTHOUGH THEY OCCUR LESS FREQUENTLY THAN OIL SPILLS, SPILLS OF HAZARDOUS
MATERIALS REPRESENT AN EVEN MORE SERIOUS PROBLEM. THE SOLUTION SHOULD
NOT BE TO DEFER CONSDIERATION OF THE MATTER, PARTICULARLY GIVEN SENATOR
MUSKIE'S STRONG VIEWS ON THE SUBJECT.
WE DO NOT BELIEVE THAT ANY AMOUNT OF STUDY WILL CHANGE THE FACT THAT
A FEE SCHEME BASED ON TOXICITY -- WHETHER WE TRY IT NOW OR IN FIVE YEARS
-- WILL BE EXTREMELY COMPLEX TO ADMINISTER AND DIFFICULT TO ENFORCE. IN
ORDER TO HAVE A MANACEABLE SYSTEM, IT WOULD SEEM, AT LEAST INITIALLY,
THAT HAZARDOUS SUBSTANCES WILL HAV E TO BE TAXED ON A VOLUME BASIS.
THAT IS HOW IT IS DONE NOW IN THE STATES OF FLORIDA AND NEW JERSEY. WE
RECOMMEND THAT A FEE PER BARREL (OR THE EQUIVALENT) BE IMPOSED ON ALL
TRANSFERS OF HAZARDOUS SUBSTANCES FOR CARRIAGE ON SHIPS AND BARGES;
CONGRESS MAY WANT TO CONSIDER TAXING LAND CARRIAGE TRANSFERS AS WELL.
WHILE WE BELIEVE THAT HAZARDOUS SUBSTANCES SHOULD BE INCORPORATED
INTO THE SUPERFUND, SOME MEMBERS OF CONGRESS HAVE TAKEN THE POSITION
THAT THE SUBJECT IS TOO COMPLEX AND UNKNOWN FOR THIS CONGRESS TO ADDRESS
IN LEGISLATION. AT A MINIMUM, HEARINGS SHOULD BE HELD TO DISCOVER IF
THAT TRULY IS THE CASE OR IF IT IS, AFTER ALL, PRACTICAL TO INCLUDE THEM
IN THE LEGISLATION NOW. WE URGE THE COMMITTEE TO REMAIN OPEN TO THE
IDEA OF INCLUDING HAZARDOUS SUBSTANCES IN THE BILL UNTIL THE INTERAGENCY
TASK FORCE SUBMITS ITS REPORT ON THE SUBJECT IN APRIL, AND TO SCHEDULE
HEARING AS SOON AS POSSIBLE.
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IN THIS CONNECTION, WE NOTE THAT THE ADMINISTRATION APPARENTLY INTENDS
TO SEND UP DRAFT LEGISLATION TO COVER HAZARDOUS SUBSRANCES IN EARLY MAY.
THE ENVIRONMENTAL ORGANIZATIONS WOULD PREFER A SUPERFUND BILL BASED
ON A POLICY OF COOPERATIVE FEDERALISM OVER ONE THAT TOTALLY PREEMPTS
STATE LAWS. WHERE CERTAIN PROVISIONS OF STATE LAW ARE STRONGER THAN THE
PROPOSED FEDERAL LAW, PREEMPTION WOULD SEEM TO CONFLICT WITH ONE OF THE
BASIC POLICIIES UNDERLYING SUPERFUND LEGISLATION -- TO EXPAND AND
STRENGTHEN THE LAWS GOVERNING OIL SPILL LIABILITY. NO AREA OF THIS
COUNTRY SHOULD FIND ITSELF WITH LESS PROTECTION AFTER THE SUPERFUND
LEGISLATION HAS PASSED.
DIFFERENT STATES MAY HAVE DIFFERENT NEEDS AND PRIORITIES. IT SEEMS
THAT STATES SHOULD BE ABLE TO MAKE THE JUDGMENT THAT PROTECTION OF THEIR
COASTLINES IS CRUCIAL TO THEIR TOURIST OR FISHING INDUSTRIES, OR THAT IT
IS SO IMPORTANT TO THEM FOR OTHER REASONS THAT IT OUTWEIGHS THE RISK OF
REDUCED BUSINESS ACTIVITY AND/OR HIGHER PRICES.
ANOTHER IMPORTANT ARGUMENT AGAINST TOTALLY PREEMPTING THE STATES IS
THAT THEY ARE PROBABLY BETTER ABLE AND MORE WILLING TO RESPOND TO SMALL
BUT MORE FREQUENTLY OCCURRING SPILLS. WHILE A FEDERAL FUND IS ESSENTIAL
FOR HANDLING CATASTROPHIC SPILLS, SUCH AS THE AMOCO CADIZ, SEVERAL
STATES HAVE EXPRESSED CONCERN THAT IT WOULD BE OF ALMOST NO HELP IN
DEALING WITH SMALL SPILLS AND DISCHARGES.
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STATE FUNDS MAY PROVIDE A MORE ACCESSIBLE MEANS OF RECOVERY FOR CITIZENS
AND LOCAL GOVERNMENTS.
THE ENVIRONMENTAL ORGANIZATIONS WE REPRESENT HAVE OPPOSED PREEMPTION.
WE RECOGNIZE THAT THOSE ON BOTH SIDES OF THE REEMPTION ISSUE FEEL VERY
STRONGLY. HOWEVER, IT IS IMPERATIVE THAT THIS COUNTRY NOT GO ANOTHER
YEAR WITHOUT THIS LEGISLATION. THEREFORE, I WOULD LIKE TO PRESENT TWO
SUGGESTIONS FOR COMPROMISE.
THE FIRST SUGGESTION IS THAT THE LEGISLATIONNOT IMMEDIATELY PREEMPT
THE STATES, BUT INSTEAD REQUIRE A STUDY OF HOW STATE FUNDS AND SUPERFUND
ARE WORKING, WITH A REPORT DUE IN TWO YEARS. THEN AT THE END OF TWO
YEARS THE ISSUE COULD BE DECIDED ON A SOLID FACTUAL BASIS. IF THE
FEDERAL LEGISLATION WERE STRONG AND COMPREHENSIVE AND WAS WORKING WELL
IN PRACTICE, THE ENVIRONMENTAL ORGANIZATIONS WOULD PROBABLY SUPPORT
EVENTUAL PREEMPTION. WE ARE VERY HESITANT TO HAVE STATE LAWS THAT ARE
PRESENTLY WORKING PREEMPTED BEFORE THE FEDERAL LAW IF FULLY IMPLEMENTED
AND HAS PROVEN ITSELF IN PRACTICE. IT COULD TAKE SEVERAL YEARS BEFORE A
FEDERAL LAW THAT LOOKED GOOD ON PAPER BECAME FULLY AND EFFECTIVELY
OPERATIONAL.
A SECOND COMPROMISE WOULD BE TO HAVE THE FEDERAL LEGISLATION PREEMPT
THE STATE LAWS, BUT ON THE EXPLICIT UNDERSTANDING THAT THE STATES WOULD
BE AGENTS OF THE FEDERAL GOVERNMENT IN THE ADMINISTRATION OF THE FUND,
PARTICULARLY FOR SMALLER SPILLS. SINCE THE FUND WOULD BE OPERATED ON
THE STATE LEVEL, UP TO SOME SPECIFIED DOLLAR LIMIT, IT WOULD BE MORE
ACCESSIBLE. VERY IMPORTANTLY, A STATE COULD ENSURE THAT ADEQUATE
RESPONSE IS MADE TO SMALL SPILLS.
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ON THE OTHER SIDE, THE INDUSTRY SHOULD BE SATISFIED BECAUSE THE LAW
WOULD BE UNIFORM THROUGHOUT THE COUNTRY. HAVING THE SINGLE, LARGE FUND
WOULD ENSURE THAT THERE WOULD BE SUFFICIENT MONEY AVAILABLE TO HANDLE A
VERY LARGE SPILL SHOULD ONE OCCUR ANYWHERE IN THE UNITED STATES. YET,
STATES WOULD RETAIN SUFFICIENT CONTROL TO ENSURE THAT THE LAW IS
PROPERLY ENFORCED AND THAT THEIR CITIZENS ARE COMPENSATED FOR ALL
DAMAGES THEY SUFFER FROM ANY SPILL, LARGE OR SMALL.
WE COULD NOT SUPPORT THIS COMPROMISE UNLESS THE FEDERAL LAW WAS
ENVIRONMENTALLY SOUND AND COVERED HAZARDOUS MATERIALS. WHILE WE ARE
HESITANT TO PREEMPT THE STATE LAWS BEFORE THE FEDERAL PLAN HAS PROVEN
ITSELF IN PRACTICE, WE THINK THAT SOME OF THE OBJECTIONS TO PREEMPTION
COULD BE TAKEN CARE OF BY THIS PROPOSAL.
(A) PUBLIC RECOVERY FOR DAMAGE TO NATURAL RESOURCES: ANOTHER AREA WE
CONSIDER TO BE ESTREMELY IMPORTANT INVOLVES THE TYPES OF DAMAGES TO
NATURAL RESOURCES FOR WHICH A SPILLER WILL BE HELD LIABLE. FIRST OF
ALL, I AM VERY PLEASED TO SEE THAT THE BILLS INTRODUCED THIS SESSION,
UNLIKE H.R. 6803, CONTAIN A BROAD DEFINITION OF NATURAL RESOURCES. WE
WOULD, HOWEVER, LIKE TO SEE LAND, AIR AND WATER ADDED TO THAT DEFINITION
SO THAT IT READS:
"NATURAL RESOURCES" INCLUDES, FISH, WILDLIFE, BIOTA, LAND, AIR,
WATER, AND OTHER SUCH RESOURCES BELONGING TO, MANAGED BY, HELD IN TRUST
BY, APPERTAINING TO, OR OTHERWISE CONTROLLED BY THE UNITED STATES
(INCLUDING THE RESOURCES OF THE FISHERY CONSERVATION ZONE ESTABLISHED BY
THE FISHERY CONSERVATION ACT OF 1976), ANY STATE OR LOCAL GOVERNMENT, OR
ANY FOREIGN GOVERNMENT.
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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THE ENVIRONMENTAL ORGANIZATIONS BELIEVE THAT THE MEASURE OF DAMAGES
RECOVERABLE BY THE GOVERNMENT AS TRUSTEE SHOULD NOT BE LIMITED TO
"ECONOMIC VALUE" IN A STRICT SENSE, NOR BY THE SUMS THAT CAN BE SPENT TO
RESTORE OR REPLACE RESOURCES. WE ARE AFRAID THAT A SPECIES WHICH IS NOT
COMMERCIALLY HARVESTED MIGHT NOT BE COVERED BY THE HOUSE BILLS. WE ARE
NOT ASKING FOR PUNITIVE DAMAGES, BUT ONLY THAT THE PUBLIC BE COMPENSATED
FOR VERY REAL LOSS. RESOURCES THAT HAVE NO "COMMERCIAL" VALUE AS SUCH
HAVE A VALUE TO THE PUBLIC, AND IF THEY ARE DESTROYED AS THE RESULT OF A
SPILL, THE PUBLIC SHOULD BE COMPENSATED FOR THE LOSS. I DO NOT THINK
ANY OF US WOULD WANT TO ARGUE THAT IF, FOR EXAMPLE, A DISCHARGE OF OIL
WIPED OUT A POPULATION OF WHOOPING CRANES, THE SPILLER WOULD OWE NOTHING
SIMPLY BECAUSE THERE WAS NO ESTABLISHED MARKET FOR CRANES. IN THIS
CONNECTION, WE STRONGLY SUPPORT THE SUBSTANCE OF A PROVISION OFFERED
LAST SESSION BY SENATOR CHAFFEE AS AN AMENDMENT TO SECTION 5(A)(9) AND
5(E)(1)(A) OF S.2083. THAT AMENDMENT WOULD, AMONG OTHER THINGS, MANDATE
RESEARCH ON THE VALUATION OF DAMAGED NATURAL RESOURCES, INCLUDING
MEASURES OF DAMAGE BASED ON UNITS OF AFFECTED AREA OR RESOURCE. THE
ENTIRE AMENDMENT IS SET OUT AS AN APPENDIX TO THIS TESTIMONY.
SECONDLY, THE MEASURE OF DAMAGES SHOULD NOT BE LIMITED BY THE SUMS
THAT CAN BE SPENT TO RESTORE OR REPLACE RESOURCES. AS THE BILLS ARE
PRESENTLY WORDED, THE SPILLER COULD ARGUE THAT IF THE RESOURCE DESTROYED
COULD NOT BE REPLACED, THERE IS NO RECOVERABLE DAMAGE.
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WE DO NOT THINK THAT THE INDUSTRY WOULD RAISE ANY SERIOUS OBJECTION TO
THE ADDITION OF A PROVISION ALLOWING THE TRUSTEE TO EXPEND RECOVERED
MONEY TO PURCHASE OTHER AREAS OR TO IMPROVE THE MARINE ENVIRONMENT
GENERALLY IF SOME OF THE DESTROYED REASOURCES ARE TRULY IRREPLACEABLE.
WHILE THIS COULD PERHAPS BE READ INTO THE BILLS, IT SHOULD BE MADE
EXPLICIT.
(B) CITIZEN SUITS: IT IS CRUCIAL THAT CLAIMS TO RECOVER FOR NATURAL
RESOURCE DAMAGE BE FILED IN ORDER TO ENSURE THAT PROPER PREVENTION AND
CLEANUP EFFORTS WILL BE MADE AND THAT MONEY WILL BE AVAILABLE TO RESTORE
DAMAGED AREAS. THEREFORE, IT IS OUR POSITION THAT ANY SUPERFUND
LEGISLATION SHOULD PROVIDE SOME ASSURANCE THAT THE GOVERNMENT OFFICIAL
TO WHOM THE "TRUST" RESPONSIBILITIES ARE DELEGATED WILL ACT. WE THINK
THAT A PROVISION SHOULD BE INCLUDED AUTHORIZING CITIZEN QUI TAM ACTIONS
TO RECOVER FOR NATURAL RESOURCE DAMAGE IF THE TRUSTEE DOES NOT MAKE A
CLAIM. SUCH A PROVISION WOULD PROVIDE AN INCENTIVE FOR RESPONSIBLE
OFFICIALS TO FULFILL THEIR RESPONSIBILITIES. WE SUGGEST THE FOLLOWING
COMPONENTS: (1) TEN DAYS AFTER A SPILL, ANY CITIZEN COULD SEND A LETTER
TO THE SECRETARY, ANNOUNCING THE INTENTION TO BRING A QUI TAM ACTION.
THE LETTER WOULD HAVE TO STATE WHERE THE SUIT WOULD BE BROUGHT, ITS
LEGAL BASIS, AND A DESCRIPTION OF THE DAMAGES; (2) IF THE TRUSTEE DOES
NOT BRING AN ACTION WITHIN THIRTY DAYS OF RECEIVING THE LETTER, THE
CITIZEN COULD BRING AN ACTION; (3) THE COURTS WOULD HAVE THE POWER TO
CONSOLIDATE SUCH SUITS, OR TO DESIGNATE ONE PROPER PLAINTIFF; (4) THE
TRUSTEE WOULD HAVE THE RIGHT TO TAKE OVER THE SUIT AT ANY TIME, WITH THE
PAYMENT TO THE PLAINTIFF OF COSTS AND ATTORNEYS' FEES; (5) A SUCCESSFUL
PLAINTIFF COULD BE AWARDED COSTS AND ATTORNEYS' FEES.
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ANY DAMAGE FORMULATION MUST ALLOW CLAIMANTS TO RECOVER FOR DAMAGE TO
THEIR SUBSISTENCE USE OF NATURAL RESOURCES, WHETHER OR NOT THEY ARE
WHOLLY OR PARTIALLY DEPENDENT ON SUBSISTANCE USE, AND EVEN IFTHEIR LOSS
IS NOT CONSIDERED "ECONOMIC" BY TRADITIONAL DEFINITION. THE PRESENT
FORMULATION OF RECOVERABLE DAMAGE IN BOTH BILLS IS IN TERMS OF ECONOMIC
LOSS. WHILE THEY MIGHT BE INTERPRETED TO COVER LOSS OF SUBSISTANCE USE,
THIS SHOULD BE SPELLED OUT CLEARLY. SUCH A PROVISION SHOULD PROVIDE FOR
RECOVERY FOR LOSS OF NATURAL RESOURCES USED FOR "FOOD, FUEL, CLOTHING,
OR OTHER SUBSISTANCE USES."
AN ADEQUATE DAMAGE RECOVERY PROVISION MUST ALSO BE AVAILABLE FOR
THOSE WHOSE INCOME DEPEND IN PART ON NATURAL RESOURCES. H.R. 85
REQUIRES THAT AN INJURED PERSON DERIVE AT LEAST 25% OF HIS OR HER INCOME
FROM ACTIVITIES THAT UTILIZE THE IMPAIRED PROPERTY OR NATURAL RESOURCE
IN ORDER TO MAKE SUCH A CLAIM. THIS WOULD ALLOW A SPILLER TO ESCAPE
FROM PAYING FOR DAMAGES IT SHOULD BE RESPONSIBLE FOR.
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LOSS OF EARNINGS IS NONE THE LESS REAL BECAUSE A CLAIMANT IS NOT TOTALLY
DEPENDENT UPON THE LOST INCOME. THEREFORE, WE SUPPORT H.R. 29 IN THIS
REGARD, SINCE IT OMITS THE 25% MINIMUM REQUIREMENT FOR CLAIMS FOR LOSS
OF INCOME OR EARNING CAPACITY.
BOTH BILLS DO PROVIDE SOME ASSURANCE THAT CLAIMS MADE AGAINST THE
FUND WILL BE SETTLED FAIRLY. UNDER SECTION 107(G)(1) OF H.R. 85 AND
H.R. 29 THE SECRETARY IS REQUIRED TO ESTABLISH UNIFORM PROCEDURES AND
STANDARDS FOR THE APPRAISAL AND SETTLEMENT OF CLAIMS AGAINST THE FUND.
UNFORTUNATELY, THERE IS NO ASSURANCE THAT CLAIMS SETTLED DIRECTLY WITH
THE SPILLER WILL BE HANDLED IN A FAIR REASONABLE MANNER.
BOTH BILLS REQUIRE THAT CLAIMS FIRST BE PRESENTED TO ANY DESIGNATED
SPILLER, AND MANDATE AT LEAST A SIXTY DAY WAITING PERIOD BEFORE A CLAIM
CAN BE MADE TO THE FUND. THESE PROVISIONS MAY RESULT IN CLAIMANTS
SETTLING FOR LESS THAN THEY ARE ENTITLED TO, DUE TO IMMEDIATE FINANCIAL
HARDSHIP OR SIMPLY BECAUSE OF THE UNEQUAL BARGAINING POWER OF THE
PARTIES. THE ADMINISTRATIVE AGENCY SHOULD HAVE SUPERVISORY
RESPONSIBILITY OVER THE SETTLEMENT OF ALL CLAIMS. WE SUGGEST THAT
BOARDS OF ARBITRATION OF DISPUTES BE AVAILABLE.
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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IF INJURED PERSONS ARE, IN FACT, GOING TO BE REQUIRED TO WAIT SIXTY
DAYS BEFORE PRESENTING THEIR CLAIMS TO THE FUND ITSELF, THEN THE LAW
SHOULD PROVIDE AN INTEREST FREE LAON FROM THE FUND IN CASES OF EXTREME
HARDSHIP. IF A SPILLER DOES NOT SETTLE AND THE FUND PAYS THE CLAIM,
INTEREST SHOULD BE CHARGED TO THE SPILLER FROM THE DATE THE CLAIM IS
ORIGINALLY MADE, AS WELL AS ADMINISTRATIVE AND INVESTIGATIVE COSTS AND
ATTORNEYS' FEES. ALL OF THESE PROVISIONS WOULD HELP ENCOURAGE PROMPT,
FAIR SETTLEMENT.
CLASS ACTION SUITS SHOULD BE PROVIDED FOR SPECIFICALLY IN THE
SUPERFUND LEGISLATION. THE MECHANISM PROPOSED IN H.R. 85 AND H.R. 29 IS
A VERY GOOD ONE. BOTH BILLS WOULD AUTHORIZE THE ATTORNEY GENERAL TO
BRING A CLASS ACTION, BUT IF HE DOES NOT DO SO, ANY MEMBER OF THE CLASS
MAY MAINTAIN THE SUIT.
THE ENVIRONMENTAL ORGANIZATIONS ALSO THINK IT WOULD BE USEFUL TO EASE
THE NOTICE REQUIREMENTS FOR A CLASS ACTION SUIT. SECTION 103(D) OF BOTH
BILLS PROVIDES THAT IF THE MEMBERSHIP OF THE CLASS EXCEEDS 1,000, NOTICE
IN LOCAL NEWSPAPERS IN SUFFICIENT TO SATISFY REQUIREMENTS OF RULE
23(C)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE. WHILE WE RECOGNIZE
THIS AS A SIGNIFICANT STEP IN THE RIGHT DIRECTION, WE WOULD PREFER A
PROVISION WHICH WOULD PERMIT THE NOTICE REQUIREMENTS TO BE FULFILLED BY
PUBLICATION IF THE CLASS WERE OVER ONE HUNDRED. SUCH A PROVISION WOULD
HELP MAKE THE MAINTENANCE OF CLASS ACTIONS ECONOMICAL AND PRACTICAL.
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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THE SUPERFUND LEGISLATION SHOULD REQUIRE THAT POLLUTERS REPORT SPILLS
PROMPTLY AND PROVIDE STRONG INDUCEMENTS TO ENSURE THAT THEY DO, FOR IT
IS ONLY THROUGH SUCH PROMPT REPORTING THAT ADEQUATE CLEANUP MEASURES CAN
BE TAKEN AND LIABILITY PROPERLY ATTRIBUTED TO THE SPILLER. BOTH BILLS
INTRODUCED IN THE HOUSE THIS SESSION LIMIT THE PENALTY FOR NOT REPORTING
TO A MAXIMUM OF $10,000 OR ONE YEAR IN JAIL OR BOTH. THIS FINANCIAL
PENALTY IS NOT STIFF ENOUGH TO BE USEFUL, AND WE SHOULD NOT DELUDE
OURSELVES THAT PRISON SENTENCES WILL BE IMPOSED EXCEPT IN THE MOST
EGREGIOUS CIRCUMSTANCES. A PENALTY OF $100,000 OR ONE YEAR IN JAIL
SHOULD BE IMPOSED IN ORDER TO ENCOURAGE ALL SPILLERS TO REPORT. IF A
PENALTY IS AMALLER, THE PERSON RESPONSIBLE FOR A SPILL WILL WEIGH THE
ADVANTAGES OF NOT REPORTING AND THE POSSIBILITY OF AVOIDING CAPTURE
AGAINST THE SMALL PENALTY.
THERE SHOULD ALSO BE A PROVISION THAT ANY PERSON WHO DOES NOT COMPLY
WITH THE REPORTING REQUIREMENTS WILL NOT BE ABLE TO INVOLKE THE VARIOUS
STATUTORY EXEMPTIONS FROM LIABILITY OR THE LIABILITY LIMITS. IN OTHER
WORDS, FAILURE TO REPORT A SPILL WOULD BE ADDED TO GROSS NEGLIGENCE AND
WILFUL MISCONDUCT IN SECTION 104(B) OF THE BILLS AS BASES FOF LOSING
LIABILITY LIMITS AND EXEMPTION.
WE ARE PLEASED THAT BOTH BILLS ALLOW A SPILLER CREDIT AGAINST ITS
LIABILITY LIMIT FOR ITS OWN CLEANUP EXPENSES.
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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THE KNOWLEDGE THAT IT CAN RECOVER FOR EXPENSES INCURRED OVER ITS
LIABILITY LIMIT SHOULD ENCOURAGE A SPILLER TO ACT QUICKLY AND
EFFICIENTLY.
THE ENVIRONMENTAL ORGANIZATIONS THINK IT IS EXTREMELY IMPORTANT THAT
OPERATORS OR OWNERS OF MAJOR FACILITIES BE REQUIRED TO SUBMIT DETAILED
INFORMATION REGARDING SUCH FACTORS AS THEIR CONTAINMENT AND REMOVAL
EQUIPMENT, THE TRAINED PERSONNEL AVAILABLE WITHIN ONE HOUR OF DISCHARGE
TO OPERATE THAT EQUIPMENT, AND ROUTINE STEPS TAKEN TO PREVENT AND
MITIGATE THE IMPACTS OF DISCHARGES. THERE IS NO SUCH PROVISION IN
EITHER BILL.
ANY SUPERFUND BILL SHOULD PROVIDE ADDITIONAL FUNDS FOR RESEARCH INTO
METHODS OF PREVENTING, CONTAINING, AND CLEANUP OF SPILLS; EQUIPMENT AND
SUPPLIES; AND TRAINING OF SPILL RESPONSE TEAMS. THE STATE OF KNOWLEDGE
REGARDING FATES AND EFFECTS OF OIL AND HAZARDOUS SUBSTANCES ON THE
MARINE ENVIRONMENT REMAINS LIMITED. CLEANUP EQUIPMENT, TECHNIQUES, AND
STRATEGIES ARE STILL INADEQUATE TO THE TASK. WE DO NOT HAVE ENOUGH
SPILL RESPONSE TEAMS OR SUFFICIENT EQUIPMENT. TRAINING FOR SPILL
RESPONSE PERSONNEL NEEDS TO BE INCREASED. YET, H.R. 85 CONTAINS NO
PROVISION AT ALL FOR RESEARCH FUNDING. H.R. 29 REPRESENTS A MODEST
EFFORT TO MEET THIS NEED, AS IT DOES ALLOW FOR EXPENDING A MAXIMUM OF
$10 MILLION PER YEAR FOR RESEARCH, BUT ONLY AFTER APPROPRIATION IN A
SEPARATE ACT. WE URGE THAT THE LEGISLATION PROVIDE A SET SUM EACH YEAR
TO BE EXPENDED FROM THE FUND FOR RESEARCH, EQUIPMENT AND TRAINING, AND
THAT THE FUND BE ALLOWED TO GROW BY THAT ADDITIONAL AMOUNT BEFORE THE
LEVY IS STOPPED.
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THE BILLS PROPOSE A LEVY OF 3 CENTS PER BARREL AND A FUND OF $200
MILLION. SINCE THE FUND WILL HAVE THE AUTHORITY TO BORROW FROM THE
TREASURY ON AN INTERIM BASIS IF ITS ASSETS ARE INSUFFICIENT TO COVER
CURRENT CLAIMS FOR COMPENSATION, $200 MILLION MAY BE ADEQUTAE. WE WOULD
NOTE, HOWEVER, THAT THE TRANS-ALASKA PIPELINE ACT, 43 U.S.C. SECTION
1653, WHICH ESTABLISHED A LIABILITY AND COMPENSATION PLAN TO COVER THE
VARIOUS ELEMENTS OF THE ALASKA PIPELINE AND THE DELIVERY OF NORTH SLOPE
OIL TO THE LOWER 48 STATES IN 1973, PROVIDES FOR A LEVY OF 5 CENTS PER
BARREL, AND A FUND OF $100 MILLION. SUPERFUND LEGISLATION WOULD
ELIMINATE THOSE PROVISIONS OF THE TRANS-ALASKA PIPELINE ACT CREATING
SUCH A FUND. IF $100 MILLION IS WHAT CONGRESS FELT WAS REASONABLE TO
COVER OIL POLLUTION LIABILITY JUST FOR ONE PORTION OF THE COUNTRY SIX
YEARS AGO, A LARGER FUND FOR THE ENTIRE COUNTRY, INCLUDING OCS
ACTIVITIES, IS APPROPRIATE. WE WOULD SUGGEST THAT THE FUND BE ALLOWED
TO FLOAT AS HIGH AS $400 MILLION, AND SUBSTANTIALLY HIGHER IF HAZARDOUS
SUBSTANCES ARE INCLUDED. IF FEES ARE LEVIED ON HAZARDOUS SUBSTANCES AS
WELL AS OIL, THE LEVY OF 3 CENTS PER BARREL ON OIL SHOULD BE SUFFICIENT.
THE FEDERAL WATER POLLUTION CONTROL ACT APPLIES TO ALL WATERS OF THE
UNITED STATES, INCLUDING NONTRIBUTORY WATERS SUCH AS PONDS AND
INTRASTATE BODIES OF WATER.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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IT WOULD BE DESIRABLE FOR THE SUPERFUND LEGISLATION TO HAVE THE SAME
AREA OF APPLICATION, BUT IT IS UNCLEAR WHETHER THE HOUSE BILLS DO SO.
THIS COULD BE REMEDIED EASILY. THE RESULT OF HAVING TWO DIFFERENT
DEFINITIONS WOULD BE OVERLAPPING JURISDCITION BETWEEN SECTION 311 AND
SUPERFUND IN SOME WATERS AND EXCLUSIVE SECTION 311 JURISDICTION IN OTHER
AREAS. THIS, OF COURSE, COULD CAUSE CONSIDERABLE AND UNNECESSARY
CONFUSION AND INEFFICIENCY.
PENALTIES TO BE PAID INTO THE SUPERFUND SHOULD INCLUDE ALL OIL
POLLUTION AND -- IF THEY ARE COVERED IN THE NEW LEGISLATION ALL
HAZARDOUS SUBSTANCES PENALTIES. THESE COULD COME FROM SUCH SOURCES AS
THE FWPCA, SECTION 311(B)(5), THE OCSLA ADMTS., SECTION 312,
INTERVENTION ON THE HIGH SEAS ACT, SECTION 12, OIL POLLUTION ACT OF
1961, SECTION 7, DEEPWATER PORT ACT, SECTION 311, AND OTHER STATUTES.
THE ENVIRONMENTAL ORGANIZATIONS STRONGLY SUPPORT THE EXPRESS REPEAL
OF THE FEDERAL LIMITATION OF LIABILITY ACT OF 1851, 46 U.S.C. 6183(C),
PROVIDED FOR IN SECTION 104(J) OF H.R. 85 AND SECTION 104(I) OF H.R. 29.
THE TRANS-ALASKA PIPELINE FUND PROVIDES COVERAGE TO CANADIANS WHO
SUFFER INJURY FROM SPILLS. H.R. 85 AND H.R. 29 WOULD SUPERCEDE THE TAPS
FUND, YET NEITHER WOULD SPECIFICALLY COVER CANADIANS.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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WE THINK THIS DEFECT SHOULD BE REMEDIED.
OIL SPILLS AND HAZARDOUS SUBSTANCE LIABILITY REGULATIONS WILL BE OF
GREAT INTEREST TO MANY CITIZENS AND ORGANIZATIONS. WE URGE THAT
ADEQUATE PROVISION BE MADE FOR PUBLIC PARTICIPATION IN THE RULEMAKING
PROCESS, AND THAT THE COSTS OF SUCH PARTICIPATION BE REIMBURSED WHEN IT
CAN REASONABLY BE EXPECTED TO PROMOTE A FULL AND FAIR DETERMINATION OF
THE ISSUES. WHEN CITIZEN GROUPS PARTICIPATE IN AGENCY PROCEEDINGS, THEY
OFTEN DRAW ATTENTION TO FACTS, ARGUMENTS AND PERSPECTIVES THAT WOULD NOT
BE PUT FORWARD BY OTHER PARTIES. SUCH PARTICIPATION ALSO CONTRIBUTES TO
PUBLIC UNDERSTANDING AND ACCEPTANCE OF FINAL AGENCY DECISION.
THE SUPERFUND LEGISLATION SHOULD CONTAIN A PROVISION FOR ATTORNEYS'
FEES AND COSTS TO BE AWARDED A CLAIMANT WHO PREVAILS ON REVIEW IN THE
COURT OF APPEALS. THIS WOULD BOTH REDUCE THE NUMBER OF FRIVOLOUS OR
INSUBSTANTIAL APPEALS BY INDUSTRY, AND ASSIST THOS CLAIMANTS WHO
OTHERWISE MIGHT NOT HAVE THE RESOURCES TO OBTAIN FINAL VINDICATION OF
THEIR RIGHTS. WE ALSO SUGGEST THAT THE BILL PROVIDE ATTORNEYS' FEES AND
COSTS TO CLAIMANTS WHO SUCCESSFULLY APPLY TO THE FUND FOR COMPNESATION.
IT WOULD SEEM TO BE ESSENTIAL FOR THE AGENCY THAT ADMINISTERS THE
FUND TO HAVE SUBPOENA POWER. THIS IS NOT PROVIDED FOR IN THE BILLS.
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HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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WE BELIEVE THAT THE DEPARTMENT OF TRANSPORTATION IS NOT THE MOST
APPROPRIATE AGENCY TO ADMINISTER THE PROPOSED PLAN. CERTAIN DIVISIONS
OF DOT HAVE OTHER AND POSSIBLY CONFLICTING RESPONSIBILITIES RELATING TO
OIL POLLUTION. THE UNITED STATES COAST GUARD, IN PARTICULAR, HAS
CLEANUP AND ENFORCEMENT RESPONSIBILITIES UNDER VARIOUS U.S. LAWS AND
WOULD ITSELF BE MAKING CLAIMS AGAINST THE FUND. THE NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION (NOAA), THE AGENCY TO WHICH CONGRESS HAS
GIVEN DIRECT RESPONSIBILITY FOR THE OCEANS, IS LOGICALLY THE GOVERNMENT
AGENCY WHICH SHOULD ADMINISTER THE FUND AND MAKE THE DECISIONS AS TO
COMPENSATION AND LIABILITY.
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CHAFFEE AMENDMENT, SECTION 5(A)(9), S.2083:
"SUBJECT TO SUCH AMOUNTS AS ARE PROVIDED IN APPROPRIATIONS ACTS, THE
FUND SHALL BE AVAILABLE FOR COSTS OF RESEARCH RELATED TO THE PURPOSES OF
THIS ACT AND SECTION 311 OF THE FEDERAL WATER POLLUTION CONTROL ACT, NOT
TO EXCEED $10,000,000 PER FISCAL YEAR, TO BE PERFORMED BY FEDERAL
AGENCIES INCLUDING THE ENVIRONMENTAL PROTECTION AGENCY, THE FISH AND
WILDLIFE SERVICE, AND THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION. SUCH RESEARCH SHALL INCLUDE, BUT NOT (B) LIMITED TO (A)
DEVELOPMENT AND REFINEMENT OF PROTOCOLS TO DETERMINE THE TYPE AND EXTENT
OF SHORT AND LONG TERM INJURY OR LOSS OF NATURAL RESOURACES, (B)
DEVELOPMENT AND REFINEMENT OF THE BEST AVAILABLE PROCEDURES TO IDENTIFY
THE VALUE OF INJURED OR LOST RESOURCES, (C)LABORATORY OR FIELD RESEARCH
ON THE EFFECTS OF OIL ON LIVING AND NON-LIVING RESOURCES THAT WILL
PROVIDE ADDITIONAL SCIENTIFIC BASIS FOR DAMAGE ASSESSMENTS, AND (D)
RESEARCH ON MINIMIZING THE DAMAGE CAUSED BY SPILL CONTROL, DISPERSAL AND
REMOVAL OPERATIONS.
THE PRESIDENT, ACTING THROUGH THE ADMINISTRATOR OF THE NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION, THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY, AND THE DIRECTOR OF THE FISH AND
WILDLIFE SERVICE, NOT LATER THAN TWO YEARS AFTER THE ENACTMENT OF THIS
ACT, SHALL PROMULGATE REGULATIONS FOR THE ASSESSMENT OF DAMAGES FOR
INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL RESOURCES RESULTING FROM A
DISCHARGE OF OIL FOR THE PURPOSES OF THIS ACT AND SECTION 311 OF THE
FEDERAL WATER POLLUTION CONTROL ACT."
SUCH REGULATIONS SHALL SPECIFY (1) STANDARD PROCEDURES FOR SIMPLIFIED
ASSESSMENTS REQUIRING MINIMAL FIELD OBSERVATION, INCLUDING ESTABLISHING
MEASURES OF DAMAGES BASED ON UNITS OF DISCHARGE OR UNITS OF AFFECTED
AREA, AND (II) ALTERNATIVE PROTOCOLS FOR CONDUCTING ASSESSMENTS IN
INDIVIDUAL CASES TO DETERMINE THE TYPE AND EXTENT OF SHORT AND LONG TERM
INJURY, DESTRUCTION, OR LOSS. SUCH REGULATIONS SHLALL IDENTIFY THE BEST
AVAILABLE PROCEDURES TO DETERMINE THE TYPE AND EXTENT OF SHORT AND LONG
TERM INJURY, DESTRUCTION, OR LOSS."
"SUCH REGULATIONS SHALL IDENTIFY THE BEST AVAILABLE PROCEDURES TO
DETERMINE SUCH DAMAGES, INCLUDING BOTH DIRECT AND INDIRECT INJURY,
DESTRUCTION, OR LOSS AND SHALL TAKE INTO CONSIDERATION FACTORS
INCLUDING, BUT NOT LIMITED TO, REPLACEMENT VALUE, USE VALUE, AND ABILITY
OF THE ECOSYSTEM OR RESOURCE TO RECOVER.
SUCH REGULATIONS SHALL BE REVIEWED AND REVISED AS APPROPRIATE EVERY
TWO YEARS."
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790300
MY NAME IS CLIFFORD P. CASE, III. I AM THE PRESIDENT OF THE NATIONAL
RECYCLING COALITION, INC., 45 ROCKEFELLER PLAZA, ROOM 2350, NEW YORK,
NEW YORK 10020.
THE COALITION IS A NON-PROFIT TAX-EXEMPT GROUP MADE UP UP OF OVER 15
MAJOR ENVIRONMENTAL, LABOR, BUSINESS AND CIVIC ORGANIZATIONS, INCLUDING
THE UNITED AUTO WORKERS, THE AMALAGAMATED CLOTHING AND TEXTILE WORKERS
UNION, THE LEAGUE OF WOMEN VOTERS OF THE UNITED STATES, THE NATIONAL
AUDUBON SOCIETY AND THE SIERRA CLUB. THE COALITION'S GOAL IS TO
INCREASE RECYCLING SUBSTANTIALLY IN THIS COUNTRY, SO AS TO REALIZE ITS
MULTIPLE BENEFITS: CONSERVATION OF RESOURCES AND ENERGY, REDUCTION OF
WASTE, LESSENING OF PRESSURES FOR EXPLOITATION OF WILD AREAS, AND
CREATION OF JOBS, ESPECIALLY IN DEPRESSED URBAN AREAS.
THE COALITION IS APPEARING BEFORE THIS OVERSIGHT HEARING ON THE
IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT BECAUSE OF
ITS INTEREST IN THE FULL AND EFFECTIVE IMPLEMENTATION OF ONE SECTION OF
RCRA, SECTION 6002.
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SECTION 6002 REQUIRES THE FEDERAL GOVERNMENT, STATES USING FEDERAL
FUNDS FOR PROCUREMENT, AND CONTRACTORS DOING BUSINESS WITH BOTH TO GIVE
A PREFERENCE IN PURCHASING TO RECYCLED PRODUCTS. SPECIFICALLY, ALL
FEDERAL AGENCIES THAT HAVE THE RESPONSIBILITY FOR DRAFTING OR REVIEWING
SPECIFICATIONS FOR PROCUREMENT ARE REQUIRD, ON OR BEFORE APRIL 21, 1978,
TO REVIEW AND REVISE THEIR SPECIFICATIONS TO ELIMINATE ANY EXCLUSION OF
RECOVERED MATERIALS, TO ELIMINATE ANY REQUIREMENT THAT THE PRODUCT
INVOLVED IS COMPOSED EXCLUSIVELY OF VIRGIN MATERIAL, AND TO REQUIRE
RECLAIMED MATERIALS TO BE USED, TO THE MAXIMUM EXTENT POSSIBLE WITHOUT
JEOPARDIZING THE INTENDED END USE OF THE ITEM.
IN ADDITION, ON OR BEFORE OCTOBER 21, 1978, EACH PROCUREMENT AGENCY
(A TERM WHICH INCLUDES STATE AGENCIES AND PRIVATE CONTRACTORS IN THE
ADDITION TO FEDERAL AGENCIES) IS REQUIRED TO BUY ITEMS COMPOSED OF THE
HIGHEST PERCENTAGE OF RECOVERED MATERIALS PRACTICABLE FOR ALL PURCHASES
OVER $10,000, SO LONG AS THE ITEMS SOUGHT TO BE PURCHASED ARE AVAILABLE
WITHIN A REASONABLE PERIOD OF TIME AND AT A REASONABLE PRICE, AND MEET
REASONABLE PERFORMANCE STANDARDS, AND A SATISFACTORY LEVEL OF
COMPETITION CAN BE MAINTAINED.
SECTION 6002 DEMONSTRATES THE INTENT OF THE CONGRESS TO USE THE
PURCHASING POWER OF THE FEDERAL GOVERNMENT, AND OF OTHER LEVELS OF
GOVERNMENT AND PRIVATE CONTRACTORS, TO THE EXTENT FEDERAL FUNDS ARE
USED, TO ASSIST IN MEETING THE OVERALL GOALS OF RCRA: CONSERVATION OF
RESOURCES, ELIMINATION OF WASTE AND ALLEVIATION OF THE HAZARDOUS
ENVIRONMENTAL AND SOCIAL CONSEQUENCES OF TOO MUCH GARBAGE.
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IN THE WORDS OF THE ACT, "THE PROBLEMS OF WASTE DISPOSAL. . . HAVE
BECOME A MATTER NATIONAL IN SCOPE AND IN CONCERN AND NECESSITATE FEDERAL
ACTION. . .TO REDUCE THE AMOUNT OF WASTE AND UNSALVAGEABLE MATERIALS AND
TO PROVIDE FOR PROPER AND ECONOMICAL SOLID-WASTE DISPOSAL PRACTICES."
THE CONGRESS ALSO FOUND IN THE ACT THAT "MILLIONS OF TONS OF RECOVERABLE
MATERIAL WHICH COULD BE USED ARE NEEDLESSLY BURIED EACH YEAR," AND THAT
"THE RECOVERY AND CONSERVATION OF SUCH MATERIALS CAN REDUCE THE
DEPENDENCE OF THE UNITED STATES ON FOREIGN RESOURCES AND REDUCE THE
DEFICIT IN ITS BALANCE OF PAYMENTS."
USE OF THE FEDERAL GOVERNMENT'S PURCHASING POWER TO ASSIST IN
ACHIEVING RCRA'S GOALS BY INCREASING RECYCLING IS BY NO MEANS IRRATIONA,
WITHOUT PRECEDENT, OR INCONSISTENT WITH OTHER FEDERAL POLICIES IN THIS
AREA. IN THE FIRST PLACE, THE FEDERAL GOVERNMENT IS A MAJOR BUYER: IT
PURCHASES AMOUNT TO APPROXIMATELY $50 BILLION EACH YEAR. IN ADDITION,
FEDERAL PURCHASE SPECIFICATIONS AND PRACTICES ARE OFTEN LOOKED TO BY
OTHERS, BOTH IN AND OUTSIDE OF GOVERNMENT, FOR GUIDANCE. THUS FEDERAL
PURCHASING PRACTICES CAN HAVE A DEFINITE IMPACT. RECOGNITION OF THE
POSSIBLE IMPACT OF FEDERAL PURCHASING HAS LED THE CONGRESS TO USE
PURCHASING AS A TOOL TO CARRY OUT FEDERAL POLICIES IN AREAS TOTALLY
DISTINCT FROM INCREASING RECYCLING, SUCH AS AID TO SMALL BUSINESS,
MINORITY ENTERPRISE, AND FIRMS EMPLOYING THE HANDICAPPED.
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ALSO, THE SUBCOMMITTEE SHOULD BE AWARE THAT THE REQUIREMENTS OF
SECTION 6002 DO NOT STAND ALONE, BUT ARE PART OF AN OVERALL POLICY OF
INCREASING RECYCLING WHICH AFFECTS PRIVATE INDUSTRY AS WELL AS THE
FEDERAL, STATE AND LOCAL GOVERNMENTS. FOR EXAMPLE, STATES ARE REQUIRED
BY THE ENERGY POLICY AND CONSERVATION ACT TO INCLUDE PROGRAMS FOR
INCREASED PURCHASE OF RECYCLED PRODUCTS IN THEIR ENERGY PLANS; THE
INTERSTATE COMMERCE COMMISSION HAS BEEN DIRECTED TO ASSESS THE POSSIBLY
DISCRIMINATORY IMPACT OF FREIGHT RATES ON TRANSPORT OF SCRAP FOR
RECYCLING UNDER THE RAILROAD REVITALIZATION AND REGULATORY REFORM ACT;
AND LAST FALL'S ENERGY LEGISLATION BOTH PROVIDED TAX INCENTIVES FOR
PRIVATE INVESTMENT IN RECYCLING EQUIPMENT AND REQUIRED THAT RECYCLING
TARGETS BE FIXED FOR ENERGY-INTENSIVE INDUSTRIES TO AID IN CONSERVING
ENERGY.
UNFORTUNATELY, IN SPITE OF THE FACT THAT THE USE OF FEDERAL
PURCHASING TO INCREASE RECYCLING MAKES SENSE ON ITS OWN AND IS
CONSISTENT NOT ONLY WITH THE OVERALL GOALS OF RCRA BUT WITH THE OTHER
FEDERAL PROGRAMS REFERRED TO ABOVE, AND IN SPITE OF THE FACT THAT
FEDERAL PURCHASING POWER HAS BEEN USED WITH SUCCESS IN AREAS OTHER THAN
RECYCLING, I MUST REPORT TO THIS SUBCOMMITTEE THAT THE FEDERAL AGENCIES
WITH RESPONSIBILITY FOR CARRYING OUT THE MANDATE OF SECTION 6002 HAVE
EITHER OUTRAGEOUSLY NEGLECTED THEIR DUTIES OR SCORNED THEM DIRECTLY.
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IT IS OUR HOPE THAT BY MAKING THIS SITUATION CLEAR TO THIS SUBCOMMITTEE,
TO THE CONGRESS AND A WHOLE AND TO THE AMERICAN PEOPLE, THIS SAD STATE
OF FACTS CAN BE CHANGED.
FIVE FEDERAL AGENCIES ARE INVOLVED IN THE IMPLEMENTATION OF SECTION
6002 OF RCRA. THEY ARE THE GENERAL SERVICES ADMINISTRATION AND THE
DEPARTMENT OF DEFENSE, WHICH TOGETHER ARE RESPONSIBLE FOR THE MAJOR
PORTION OF ACTUAL PRUCHASING DONE BY THE FEDERAL GOVERNMENT; THE
GOVERNMENT PRINTING OFFICE, WHICH FIXES THE SPECIFICATIONS FOR ALL
PRINTING AND WRITING PAPERS USED BY THE GOVERNMENT; THE ENVIRONMENTAL
PROTECTION AGENCY, WHICH HAS THE RESPONSIBILITY FOR ESTABLISHING
GUIDELINES FOR THE PURCHASING AGENCIES TO USE IN CARRYING OUT THEIR
RESPONSIBILITIES UNDER SECTION 6002; AND THE OFFICE OF FEDERAL
PROCUREMENT POLICY, WHICH IS CHARGED WITH THE RESPONSIBILITY OF
CO-ORDINATING FEDERAL ACTION TO COMPLY WITH SECTION 6002. AS OF TODAY'S
DATE, NONE OF THESE AGENCIES HAS EFFECTIVELY CARRIED OUT ITS
RESPONSIBILITIES UNDER SECTION 6002, AND GSA, DOD, AND GPO ARE IN DIRECT
VIOLATION OF THE SPECIFIC TIME SCHEDULES SET FORTH IN THE LAW FOR
REVISING SPECIFICATIONS AND BEGINNING TO PURCHASE RECYCLED PRODUCTS. I
WILL REVIEW THE RECORDS OF EACH AGENCY IN TURN.
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FIRST, AS TO THE GOVERNMENT PRINTING OFFICE. GPO'S POLICY OF
NON-COMPLIANCE WITH SECTION 6002 IS PERHAPS THE CLEAREST TO SEE, BECAUSE
GPO HAS TAKEN THE TROUBLE TO WRITE IS DOWN. TO OUR KNOWLEDGE, THE MOST
RECENT REVISION OF THE FEDERAL GOVERNMENT'S PAPER SPECIFICATION
STANDARDS WAS ISSUED IN APRIL, 1977 BY THE JOINT COMMITTEE ON PRINTING,
WHICH OVERSEES THE OPERATIONS OF GPO. THESE SPECIFICATIONS DID NOT
CONTAIN ANY REQUIREMENT THAT RECLAIMED FIBER BE INCLUDED IN THE VARIOUS
PAPERS COVERED BY THE SPECIFICATIONS, AND THIS OMISSION WAS NOT
ACCIDENTAL. UPON THE RECOMMENDATION OF GPO STAFF, THE JOINT COMMITTEE
STATED IN ISSUING THESE SPECIFICATIONS THAT "NO PROJECT TO ESTABLISH
RECLAIMED MATERIAL PERCENTAGES IN THESE STANDARDS IS DEEMED NECESSARY OR
IS CURRENTLY ENVISIONED". IN OTHER WORDS, WHILE SECTION 6002 MANDATES
THAT FEDERAL PRODUCT SPECIFICATIONS CONTAIN THE MAXIMUM PERCENTAGE OF
RECLAIMED MATERIALS PRACTICABLE, GPO DOES NOT INTEND TO COMPLY WITH THE
LAW. NO CLEARER EXAMPLE OF A DELIBERATE FLOUTING OF CONGRESSIONAL
INTENT COULD BE IMAGINED.
THIS ACTION IS, I MAY SAY, CONSISTENT WITH GPO'S ACTIONS IN PRIOR
YEARS WITH RESPECT TO THE USE OF RECYCLED PAPER.
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BOTH BEFORE AND AFTER PASSAGE OF RCRA, GPO HAS TAKEN NO STEPS
WHATSOEVER TO ENCOURAGE SUCH USE, AND IN FACT HAS DISCOURAGED
OTHERS FROM DOING SO AS WELL. WHY GPO HAD A VESTED INTEREST
IN THE USE OF VIRGIN PAPER IS DIFFICULT TO SAY, BUT IT SEEMS
CLEAR FROM ITS ACTIONS THAT IT BELIEVES THAT IS DOES. IN VIEW OF
GPO'S INTENTIONAL NON-COMPLIANCE WITH RCRA, THE QUESTION MIGHT ARISE
IN THE MINDS OF SUBCOMMITTEE MEMBERS WHETHER IT IS CONGRESS OR
GPO THAT MAKES THE LAWS.
THE SITUATION WITH RESPECT TO THE GENERAL SERVICES ADMINISTRATION IS
LESS CUT AND DRIED THAN WITH GPO, BUT THERE IS STILL QUITE OBVIOUS
NON-COMPLIANCE WITH SECTION 6002. SO FAR, GSA'S MAIN ACTION IS
IMPLEMENTING RCRA HAS BEEN TO WITHDRAW CERTAIN PAPER PRODUCT
SPECIFICATIONS WHICH IT HAD BEEN USING SINCE APPROXIMATELY 1971. THESE
SPECIFICATIONS SET FORTH SPECIFIC REQUIREMENTS FOR VARIOUS TYPES OF
WASTE CONTENT IN THESE PRODUCTS. THE BASIC DIVISION WAS BETWEEN
POST-CONSUMER WASTE (MEANING THAT WHICH RESULTS WHEN A PRODUCT IS USED
AND THROWN AWAY), AND MANURACTURING WASTES (THE WASTES WHICH ARE
GENERATED DURING THE MANURACTURING PROCESS ITSELF, PRIOR TO THE USE OF
THE PRODUCT).
THE SIGNIFICANCE OF THIS DISTINCTION IS THAT MOST MANUFACTURING
WASTES ARE ALREADY BEING RE-USED, BECAUSE THEY ARE EASILY COLLECTED,
UNIFORM IN QUALITY AND FREE OF CONTAMINANTS. (ENVELOP CLIPPINGS ARE A
GOOD EXAMPLE.) POST-CONSUMER WASTE, ON THE OTHER HAND, IS LARGELY NOT
BEING REUSED TODAY: IT MAKES UP THE BULK OF THE SOLID WASTE CRISIS
WHICH RCRA WAS SUPPOSED TO HELP SOLVE.
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SINCE POST-CONSUMER WASTE IS THE HEART OF THE PROBLEM, ONE MIGHT HAVE
THOUGHT THAT IN RESPONSE TO RCRA, GSA WOULD HAVE ACTED TO STRENGTH ITS
DUAL REQUIREMENT OF POST-CONSUMER AND MANUFACTURING WASTE CONTENT IN ITS
PRODUCTS, SO AS TO ASSIST IN MEETING RCRA'S GOALS OF ELIMINATING THE
"RISING TIDE OF WASTE IN THIS COUNTRY." SURPROSEINGLY, HOWEVER, GSA TOOK
EXACTLY THE REVERSE STEP: IT ELIMINATED ANY DISTINCTION BETWEEN
POST-CONSUMER AND MANUFACTURING WASTES IN ITS PAPER PRODUCTS. WHAT THIS
MEANS IS THAT A MANUFACTURER CAN SATISFY GSA'S PRESENT WASTE
REQUIREMENTS BY USING SOLELY MANUFACTURING WASTES AND NO POST-CONSUMER
WASTES, A CLEAR BACKWARD STEP AS COMPARED TO THE SITUATION BEFORE
SECTION 6002 BECAME LAW. THIS BIZARRE RESULT IS REQUIRED ACCORDING TO
GSA, BY THE DEFINITION OF "SOLID WASTE" IN RCRA. WE HAVE, HOWEVER,
CAREFULLY REVIEWED THE ACT AND FIND GSA'S INTERPRETATION
INCOMPREHENSIBLE, TOTALLY INCONSISTENT WITH RCRA'S CLEARLY EXPRESSED
INTENT AND IN NO WAY REQUIRED BY ITS WORDS.
BEYOND ITS RETROGRESSION IN THE AREA OF PAPER PRODUCTS, GSA HAS NOT
TO OUR KNOWLEDGE REVISED ANY OF ITS OTHER PRODUCT SPECIFICATIONS TO
REQUIRE ANY PERCENTAGES OF RECLAIMED OR RECYCLED MATERIALS.
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IT HAS, HOWEVER, REQUESTED ITS SUPPLIERS TO STATE WHAT PERCENTAGES OF
RECLAIMED MATERIAL THEY COULD PROVIDE IN THEIR PRODUCTS, AND WHAT
PERCENTAGES OF RECLAIMED MATERIALS THEY ARE PRESENTLY SUPPLYING. THIS
APPROACH, WHICH IS OF COURSE PURELY VOLUNTARY AND HIGHLY SELECTIVE,
BASED SOLELY ON THE PRESENT SUPPLIERS TO GSA, SEEMS DESTINED MERELY TO
MAINTAIN THE STATUS QUO. WE SUSPECT THAT ALL GSA INTENDS TO DO IS SEE
WHAT PERCENTAGES OF RECLAIMED MATERIAL ARE PRESENTLY BEING SUPPLIED, IF
ANY, AND MAKE THOSE LOW PERCENTAGES THE MAXIMUMS THAT ARE REQUIRED. WE
CAN ONLY CHARACTERIZE GSA'S ACTIONS AS A WEAK-MINDED AND INEFFECTUAL
RESPONSE TOTHE VITAL PROBLEM THAT SECTION 6002 WAS INTENDED TO ADDRESS.
INSOFAR AS THE DEPARTMENT OF DEFENSE IS CONCERNED, IT AGAIN APPEARS
THAT VERY LITTLE IF ANY PROGRESS HAS BEEN MADE. DOD HAS, WE UNDERSTAND,
ONLY REVIEWED APPROXIMATELY 20% OF ALL ITS PRODUCT SPECIFICATIONS, IN
SPITE OF THE APRIL 21, 1978 DEADLINE FOR REVIEW OF ALL SPECIFICATIONS.
MOREOVER, DURING THE COURSE OF THIS REVIEW THE ONLY THING THAT IS
HAPPENING IS THE ELIMINATION OF ANY REQUIREMENT THAT RECLAIMED MATERIAL
BE EXCLUDED. IN SPITE OF THE CLEAR REQUIREMENT OF SECTION 6002, NO
MANDATORY PERCENTAGES FOR RECLAIMED MATERIAL CONTENT ARE BEING ADDED TO
THESE SPECIFICATIONS.
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NEEDLESS TO SAY, ANY PURCHASE BY THE DEPARTMENT OF DEFENSE OF ANY
RECYCLED PRODUCTS, AS OF NOW, IS PURELY ACCIDENTAL. ONCE AGAIN, SECTION
6002 AND THE GRESSIONAL INTENT EMBODIED WITHIN IT ARE BEING ALMOST
ENTIRELY IGNORED.
THE ENVIRONMENTAL PROTECTION AGENCY DOES NOT HAVE ANY STATUTORY
OBLIGATION TO PROMULGATE OR REVISE SPECIFICATIONS UNDER SECTION 6002 NOR
DOES IT HAVE ANY DIRECT PURCHASE RESPONSIBILITIES WHICH ARE COVERED BY
SECTION 6002. IT DOES, HOWEVER, HAVE THE OBLIGATION TO ISSUE GUIDELINES
TO ASSIST OTHER AGENCIES IN THEIR OBSERVANCE OF THE REQUIREMENTS OF
SECTION 6002.
UNFORTUNATELY, EPA CANNOT BE SAID TO HAVE TAKEN ITS RESPONSIBILITIES
SERIOUSLY UNDER SECTION 6002. THE RESOURCES IT HAS DEVOTED TO THE
FULFILLMENT OF ITS OBLIGATIONS ARE INADEQUATE TO THE TASK, AND THE
POLICIES IT HAS ADOPTED IN CARRYING OUT ITS RESPONSIBILITIES ARE
TIMID AND INEFFECTUAL. THUS FAR, EPA HAS NOT ISSUED ANY GUIDELINES
FOR ANY PRODUCT WHATSOEVER AND IT IS PLANNING TO ISSUE GUIDELINES
IN ONLY FOUR PRODUCT AREAS AT THE PRESENT TIME. THE PRODUCTS
THAT ARE TO BE COVERED BY THE PRESENTLY PROPOSED GUIDELINES ARE:
(1) FLY ASH; (2) PAPER PRODUCTS; (3) COMPOSTED SEWAGE SLUDGE; AND
(4) CONSTRUCTION MATERIALS.
ACCORDING TO DISCUSSIONS WITH EPA STAFF, WE UNDERSTAND THAT THE
PROPOSED GUIDELINES ON USE OF FLY ASH MAY BE PUBLISHED IN THE FEDERAL
REGISTER IN APPROXIMATELY SIX MONTHS, THE PROPOSED GUIDELINES ON PAPER
PRODUCTS MAY BE PUBLISHED IN THE FEDERAL REGISTER IN APPROXIMATELY NINE
MONTHS, AND THE PROPOSED DATES FOR PUBLICATION OF THE GUIDELINES FOR
COMPOSTED SEWAGE SLUDGE AND CONSTRFUCTION MATERIALS ARE NOT CERTAIN AT
THIS TIME.
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EPA'S REASON FOR STOPPING AFTER FOUR PRODUCTS, EVEN THOUGH THE
GOVERNMENT'S PURCHASES COVER MANY THOUSANDS OF DIFFERENT KINDS OF
PRODUCTS, IS NOT OBVIOUS IN LIGHT OF THEIR BROAD OBLIGATIONS UNDER THE
ACT. TO US, AS OUTSIDE OBSERVERS, IT WOULD APPEAR THAT THEIR ACTION
STEMS FROM FIRST, INADEQUATE RESOURCES BEING DEVOTED TO THE TASK OF
PREPARING GUIDELINES, AS COMPARED WITH EPA'S OTHER OBLIGATIONS, AND
SECOND, A RECOGNITION THAT SOME OF THESE GUIDELINES MAY BE
CONTROVERSIAL. EPA IS, IN OTHER WORDS, APPARENTLY AFRAID TO GET INTO A
FIGHT WITH OTHER AGENCIES OVER SECTION 6002. WHETHER THESE FACTORS
JUSTIFY A FAILURE BY EPA TO CARRY OUT CONGRESS'S DIRECTIVES IN SECTION
6002, I LEAVE IT TO THIS SUBCOMMITTEE TO DECIDE.
SINCE NO GUIDELINES HAVE YET BEEN PUBLISHED BY EPA, IT BECOMES
DIFFICULT TO COMMENT WITH CONFIDENCE ON WHAT THEY WILL CONTAIN WHEN THEY
ARE PUBLISHED.
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HOWEVER, WE BELIEVE THERE IS REASON FOR DEEP CONCERN ON THIS ISSUE,
BASED UPON OUR DISCUSSIONS WITH EPA STAFF AND REVIEW OF DRAFT REPORTS ON
POSSIBLE GUIDELINES WHICH HAVE BEEN MADE AVAILABLE TO US. OF PARTICULAR
CONCERN IS THE FACT THAT EPA APPEARS TO BE ACCEPTING GSA'S POSITION WITH
RESPECT TO THE DEFINITION OF WASTE TO BE INCLUDED IN PAPER PRODUCTS. AS
ALREADY NOTED, GSA HAS REVERTED FROM A TWO-STEP DEFINITION, WHICH
DIFFERENTIATES BETWEEN POST-CONSUMER WASTE AND MANUFACTURING WASTE, IN
ORDER TO PROMOTE GREATER USE OF POST-CONSUMER WASTE, TO A SINGLE
DEFINITION, IN WHICH BOTH MANUFACTURING AND POST-CONSUMER WASTES ARE
COMBINED.
WE HAD HOPED THAT EVEN IF GSA ADOPTED THIS UNFORTUNATE POSITION, EPA
WOULD AT LEAST RESIST IT, SO THAT THIS COUNTRY'S NEED FOR GREATER REUSE
OF POST-CONSUMER WASTE MIGHT BE CHAMPIONED BY AT LEAST ONE FEDERAL
AGENCY. OUR HOPES WERE APPARENTLY IN VAIN.
EPA ALSO APPEARS TO BE TAKING AN UNFORTUNATE POSITION WITH RESPECT TO
REPORTING. IT IS VITAL, BOTH FOR THE CONGRESS AND THE GENERAL PUBLIC,
TO KNOW THE PRECISE EFFECTS OF ANY CHANGE IN PRODUCT SPECIFICATIONS AND
PURCHASING SO AS TO DETERMINE WHETHER SECTION 6002 IS BEING PROPERLY
IMPLEMENTED. IF THE EFFECT OF ALL FEDERAL ACTIONS TO DATE IS MERELY TO
MAINTAIN THE STATUS QUO, AS I SUSPECT, THEN THE NEED FOR EFFECTIVE
REMEDIAL ACTION WILL BE OBVIOUS.
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THUS AN IMPORTANT PART OF ANY GUIDELINE EPA MIGHT ISSUE WOULD BE A
REQUIREMENT THAT DATA BE COLLECTED ON PRODUCTS PURCHASED, AND THEIR
WASTE MATERIAL CONTENT, BOTH BEFORE AND AFTER IMPLEMENTATION OF SECTION
6002.
HOWEVER, EPA IS NOT PLANNING, WE UNDERSTAND, TO INCLUDE IN ITS
PRODUCT GUIDELINES ANY DATA COLLECTION OR REPORTING REQUIREMENTS
WHATSOEVER. BOTH THE CONGRESS AND THE GENERAL PUBLIC WILL THUS BE LEFT
IN THE DARK, IF EPA HAS ITS WAY, AS TO WHAT QUANTITIES OF RECYCLED
PRODUCTS ARE BEING PURCHASED, WHAT TYPES OF WASTE ARE BEING RECYCLED,
AND HOW THAT SITUATION COMPARES WITH THE SITUATION BEFORE SECTION 6002
BECAME LAW. AGAIN, THE REASONS FOR EPA'S POSITION WITH RESPECT TO
REPORTING ARE NOT CLEAR; PERHAPS THEY STEM FROM TIMIDITY, OR PERHAPS
FROM AN ATTEMPT TO CONCEAL THE FACT THAT NOTHING IS REALLY GOING ON.
SOME OF THE SLACK IN THIS AREA COULD CONCEIVABLE BE TAKEN UP BY THE
OFFICE OF FEDERAL PROCUREMENT POLICY, THE FIFTH FEDERAL AGENCY INVOLVED
IN IMPLEMENTING SECTION 6002, WHICH MIGHT REQUIRE SUBMISSION OF
INFORMATION ON PURCHASE OF RECYCLED PRODUCTS BY THE VARIOUS FEDERAL
AGENCIES, AS WELL AS MAKE RECOMMENDATIONS FOR CHANGES IN THE DIFFERENT
AGENCIES' PROCUREMENT PROGRAMS. AGAIN, HOWEVER, IT WOULD APPEAR THAT
NOT ENOUGH ACTION IS BEING TAKEN. OFPP DOES EACH YEAR COLLECT REPORTS
FROM THE VARIOUS AGENCIES CONCERNING THEIR PURCHASE OF RECYCLED
PRODUCTS, BUT IT IS NOT ATTEMPTING STRONGLY ENOUGH TO INCREASE THE
INADEQUATE INFORMATION WHICH IS CONTAINED IN THESE REPORTS, NOR DOES IT
APPEAR TO BE RECOMMENDING ANY INCREASE IN THE AMOUNT OF ATTENTION THE
VARIOUS PROCUREMENT AGENCIES ARE DEVOTING TO PURCHASING RECYCLED
PRODUCTS AND REVISING THEIR PRODUCT SPECIFICATIONS.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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IN SUM, WE AT THE COALITION THINK IT IS FAIR TO SAY THAT THE FEDERAL
GOVERNMENT'S RECORD OF IMPLEMENTATION OF SECTION 6002 OF RCRA IS DISMAL.
WE BELIEVE THAT THIS SUBCOMMITTEE SHOULD, IN FACT, HOLD SEPARATE
OVERSIGHT HEARINGS ON SECTION 6002, SO THAT EACH OF THE AGENCIES
INVOLVED CAN BE CALLED IN TO JUSTIFY ITS ACTION (OR INACTION) IN THIS
AREA TO DATE. UNLESS YOU ACT IN THIS WAY, IT SEEMS ALL TOO LIKELY THAT
A MAJOR OPPORTUNITY TO INCREASE RECYCLING, THEREBY SAVING ENERGY,
PROTECTING THE ENVIRONMENT AND CREATING JOBS, WILL BE LOST. WE HOPE
THAT THIS OPPORTUNITY WILL NOT BE MISSED, AND WE WILL MOST HAPPY TO WORK
WITH YOU TO SEE THAT THIS IS SO.
WE THANK YOU FOR THIS OPPORTUNITY TO PRESENT THE FOREGOING
INFORMATION ON THIS MATTER OF VITAL NATIONAL CONCERN.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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RCRA 1976 WAS A MAJOR STEP FORWARD IN SOLID WASTE MANAGEMENT FOR THE
COUNTRY. WE FEEL THAT RCRA FUNDING MUST BE REAUTHORIZED THIS YEAR.
HOWEVER, WE FEEL THAT MORE ATTENTION MUST BE PAID TO RECYCLING AND WASTE
REDUCTION IN ORDER TO OPTIMALLY SOLVE OUR SOLID WASTE MANAGEMENT CRISIS,
CONSERVE ENERGY AND MATERIAL RESOURCES, AND INVOLVE COMMUNITY ECONOMIC
DEVELOPMENT AGENCIES. IN A REPORT PREPARED FOR THE NATIONAL CREDIT
OFFICE OF DUN AND BRADSTREET IT WAS DETERMINED THAT BY THE END OF THE
CENTURY WASTE RECLAMATION WILL BECOME THE WORLDS BIGGEST INDUSTRY (WITH
THE EXCEPTION OF AGRICULTURE). THAT'S A NICE THOUGHT BUT IT WON'T
HAPPEN UNTIL THE U.S. SEES FIT TO PUT SOME TIME AND EFFORT INTO THE
RECYCLING ARENA OR UNTIL THE U.S. FINALLY REALIZES THAT THE ONLY WAY TO
REDUCE THEIR DEPENDENCE ON FORIEGN OIL AND OTHER PRODUCTS IS TO REUSE
WHAT WE HAVE.
LARGE SCALE RESOURCE RECOVERY PROJECTS HAVE SHOWN A SPOTTY
DEVELOPMENT RECORD TO DATE DESPITE MANY MILLIONS, PERHAPS OVER FIVE
HUNDRED MILLION DOLLARS OF PUBLIC MONEY SPENT OVER THE LAST DECADE.
THEY ARE EXPENSIVE, INFLEXIBLE AND PRODUCE RELATIVELY SMALL AMOUNTS OF
NET ENERGY COMPARED TO THE RECYCLING OF THESE SAME RESOURCES. ALSO THEY
PROVIDE ONLY ONE JOB FOR EVERY MILLION DOLLARS SPENT AS OPPOSED TO ONE
JOB FOR EVERY FIFTEEN THOUSAND DOLLARS SPENT FOR SIMPLER TECHNOLOGICAL
APPROACHES TO RESOURCE RECOVERY. SMALL SCALE RECYCLING IS NOT ONLY A
POLLUTION FREE FORM OF SOLID WASTE DISPOSAL BUT IT CAN CREATE JOBS,
CONSERVE ENERGY, CONSERVE LAND AND TREES, STIMULATE LOCAL ECONOMIC
DEVELOPMENT AND TEACH OUR COUNTRY AN INVALUABLE LESSON OF RESPECT FOR
OUR NATURAL RESOURCES.
RCRA WAS ESTABLISHED FOR THESE PURPOSES YET VERY LITTLE EFFORT HAS
BEEN DEVOTED TO SOURCE SEPARATION OR LOW TECHNOLOGY WASTE UTILIZATION SO
FAR. THE INSTITUTE RECIEVES THREE TO FIVE LETTERS A WEEK FROM CITY
OFFICIALS AND CITIZEN ACTION GROUPS ASKING FOR INFORMATION ON HOW
COMMUNITIES CAN START THEIR OWN RECYCLING PROGRAMS. THE PUBLIC IS AWARE
OF THE RECYCLING POTENTIAL. IT IS NOW TIME FOR THE GOVERNMENT TO
SUPPORT THE EFFORTS OF RECYCLERS ACROSS THE COUNTRY INCLUDING TWO
HUNDRED AND SIXTEEN CITY PROGRAMS, THOUSANDS OF COMMUNITY BASED EFFORTS
AND HUNDREDS OF PRIVATE ENTERPRISE RECYCLERS.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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RCRA HAS THE CAPABILITY TO BUILD THIS SUPPORT. FOR INSTANCE,R AT THE
SUGGESTION OF THE INSTITUTE AND MANY COMMUNITY BASED RECYCLERS RCRA
MANDATED TECHNICAL ASSISTANCE WILL NOT TRY TO INTEGRATE LOCAL AND
COMMUNITY BASED PROFESSIONAL RECYCLERS IN THE FOUR MILLION DOLLAR
PROGRAM. MORE CAN BE DONE.
SUPPORT IS NEEDED IN FOUR AREAS. FUNDING OF LOW TECHNOLOGY
DEMONSTRATION PROJECTS, A NATIONAL RECYCLING COMMITTEE COMPOSED OF
INTERAGENCY REPRESENTATIVES, AN INVESTMENT LOAN FUND AND A TECHNICAL
MAGAZINE. PRESENTLY THERE ARE VERY FEW COORDINATED OUTLETS FOR FUNDING
OF COMPLREHENSIVE RECYCLING PROJECTS. ACROSS THE COUNTRY PRIVATE
ENTRPRENEURS ARE DEVELOPING SOURCE SEPARATION AND REMANUFACTURING
SYSTEMS THAT ARE PROFITABLE. RECYCLING ENTERPRISES, INC. OF OXFORD,
MASSACHUSETTS HAS BEEN COLLECTING WASTE GLASS AND SELLING CRUSHED SORTED
GLASS TO GLASS MANUFACTURERS AT A PROFIT. FAIRFIELD ENGINEERING CO. OF
PENNSYLVANIA HAS BEEN COLLECTING THE ORGANIC WASTE FROM THE CITY OF
ALTOONA TO MAKE INTO COMPOST AND SELL TO VARIOUS MARKETS. IN GRAND
RAPIDS, MICHIGAN RESEARCHERS SHOWED THAT THE ATMOSPHERE ALREADY SUPPORTS
RECYCLING AND A COMPREHENSIVE RECYCLING PROGRAM OF UP TO EIGHTY PER CENT
OF THE WASTE STREAM IS POTENTIALLY POSSIBLE ON AN ECONOMICALLY VIABLE
BASIS. THE LIST GOES ON. . .
SOCIETY HAS TO ACCEPT SIMPLE WASTE UTILIZATION TECHNOLOGIES AN
PROCESSES AS AN ALTERNATIVE WASTE DISPOSAL METHOD AND SUCCESSFUL
DEMONSTRATION PROJECTS ARE THE ONLY APPROPRIATE EDUCATIONAL TOOL. THEY
REQUIRE A VERY SMALL CAPITAL INVESTMENT BUT AN INVESTMENT NONE THE LESS.
TO DATE CITIES FOR THE MOST PART CAN ONLY ATTRACT FEDERAL MONEY BY
ADOPTING NEW HIGH-TECHNOLOGY, CAPITAL-INTENSIVE SYSTEMS. RESEARCH IS
NEEDED ON ALTERNATIVE SYSTEMS TO DETERMINE: ECONOMIES OF SCALE, BEST
MANAGEMENT PRACTICES FOR CO-ORDINATING DECENTRALIZED AND CENTRALIZED
RESOURCE RECOVERY PLANT COMPATABILITY AND COORDINATE MARKETING WITH
INDUSTRY USERS, TO FIND CHEAPER MORE EFFICIENT MEANS OF PREPARING THE
WASTE MATERIALS FOR RESALE AND TO STUDY RECYCLINGS IMPACT ON THE SOLID
WASTE PROBLEM.
A NATIONAL RECYCLING COMMITTEE SHOULD BE FORMED TO FOCUS ATTENTION ON
THE LACK OF A COORDINATED NATIONAL PROGRAM TO INCREASE THE RECYCLING OF
WASTE MATERIALS AND DECREASE WASTEFUL CONSUMPTION, AND TO MAKE THE
PUBLIC AWARE OF THE ENORMOUS SAVINGS THROUGH RECYCLING AND TO CAREFULLY
PLAN FOR THE BURNING OF NON-RECYCLABLE RESIDUES IN APPROPRIATELY SCALED
ENERGY RECOVERY PLANTS.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-SIXTH CONGRESS FIRST SESSION ON AUTHORIZATION ON THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 SERIAL NO. 96-31
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FEDERAL RESOURCE RECOVERY POLICY MAKERS HAVE FOR THE MOST PART, SHOWN A
CLOSE MINDED ATTITUDE TOWARD RECYCLERS. THEY SEE LARGE GARBAGE TO
ENERGY PLANTS AS THE FUTURE SOLUTION TO THE SOLID WASTE PROGRAM. THEY
DON'T SEE APPROPRIATE TECHNOLOGY AS A WORTHWHILE TOOL. A NATIONAL
COMMITTEE IS A NEEDED VEHICLE TO TIE THE NATIONS RECYCLERS TOGETHER, TO
COORDINATE A GROUP EFFORT SO THAT THE SCATTERED BUT NUMEROUS RECYCLERS
CAN HAVE A SUBSTANTIAL IMPACT.
A NATIONAL JOURNAL IS PERHAPS THE MOST IMPORTANT TASK THAT RCRA COULD
SUPPORT. INFORMATION DISSEMINATION IS CRITICAL IN TERMS OF DEVELOPING
UP-TO-DATE RECYCLING PROGRAMS. A PROGRAM THAT IS WORKING WELL IN
SEATTLE MIGHT WORK JUST AS WELL IN WARWICK, R.I. A NATIONAL JOURNAL
WOULD SUFFICIENTLY REPORT ON THE SEATTLE PROGRAM SO THAT WARWICK MIGHT
LEARN FROM AN ARTICLE RATHER THAN COSTLY EXPERIENCE AND TIME. MACHINERY
USED FOR MOST RECYCLING OPERATIONS IS SIMPLE AND USUALLY PRODUCED BY THE
RECYCLERS THEMSELVES OR A SMALL BUSINESS. THE ONLY WAY FOR THESE
MACHINES TO GET PUBLICITY OR FOR RECYCLERS TO LEARN ABOUT THEM IS BY
THIS TYPE OF PUBLICATION. THE TECHNICAL JOURNAL COULD ALSO SPONSOR A
YEARLY NATIONAL RECYCLING CONFERENCE THROUGH THE FOUR ALREADY EXISTING
STATE-WIDE PROFESSIONAL RECYCLING ASSOCIATIONS (CALIFORNIA, OREGON,
WASHINGTON, COLORADO). THE JOURNAL COULD ALSO UNDERTAKE NEEDED RESEARCH
BY FUNDING LOCAL RECYCLING AGENCIES. RECENTLY THE INSTITUTE STAFF
COMPLETED A PRELIMINARY POLICY RESEARCH AGENDA WITH THE HELP OF
COMMUNITY BASED, PRIVATE ENTERPRISE AND GOVERNMENT RECYCLING REXPERTS.
BUT EXPERTS FROM AROUND THE NATION NEED FORUMS TO DEVELOPE COMPLETE
AGENDAS.
WE ALSO SUGGEST THAT AN INVESTMENT LOAN FUND BE ESTABLISHED TO
PROVIDE CAPITALIZATION FOR RECYCLING PROJECTS. IN CALIFORNIA A STATE
PROGRAM WILL FUNNEL SEVERAL MILLION DOLLARS ANNUALLY TO RECYCLERS FOR
JUST SUCH DEVELOPMENT. WASTE UTILIZATION ENTERPRISES (THOSE THAT USE
RECYCLED MATERIALS AS A RAW MATERIAL) MUST ALSO BE ENCOURAGED THROUGH
LOAN AND GRANT PROGRAMS. A NATIONAL FUNDING PROGRAM COULD BE
COORDINATED BY AN INTERAGENCY ENTITY COMPOSED OF CURRENT RESOURCE
CONSERVATION COMMITTEE MEMBERS.
THE NATION HAS BEEN MOVING MORE AND MORE IN THE DIRECTION OF
RECYCLING. SOME OF THE MANY FACTORS CAUSING THIS INCLUDE:
1. RECYCLING CONSERVES THE NATION'S LAND AND NATURAL RESOURCES BY
LESSENING THE NEED FORVIRGIN RESOURCES AND LANDFILL SPACE FOR DISPOSAL
OF PAST-CONSUMER AND INDUSTRIAL WASTE.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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/1/ OFFICE OF RESEARCH AND MONITORING (EPA-R5-72003)
2. TRADITIONAL SOLID WASTE MANAGEMENT SYSTEMS ARE BECOMING MORE AND
MORE COSTLY AS NEW LANDFILLS MUST BE LOCATED FURTHER FROM DENSELY
POPULATED AREAS, WITH STRINGENT ENVIRONMENTAL POLLUTION CONTROLS.
3. THE SITING OF NEW LANDFILLS, INTERJURISDICTIONAL ARRANGEMENTS FOR
THEIR USE AND FLOW CONTROL OF SOLID WASTE ARE CAUSING MAJOR POLITICAL
AND LEGAL PROBLEMS IN MANY AREAS OF THE COUNTRY.
4. RECYCLING SAVES ENERGY IN THE MANUFACTURING OF CONSUMER AND
INDUSTRIAL PRODUCTS WE CONSUME; REDUCES THE NATION'S NEED FOR IMPORTED
MATERIALS; AND HELPS REDUCE INFLATION.
5.JOBS ARE CREATED BY UTILIZING WASTE AS A RESOURCE AND RECYCLING
MATERIALS TO INDUSTRY. LOCAL ECONOMIC DEVELOPMENT IS STIMULATED BY NEW
LOCAL INDUSTRIES RECEIVING THESE MATERIALS.
6. NEW INDUSTRIES HAVE OFFERED THE OPPORTUNITY FOR HYBRID CORPORATE
STRUCTURES INVOLVING LOCAL DEVELOPMENT COMPANIES AND PRIVATE ENTERPRISE.
7. TRADITIONAL ENVIRONMENTALISTS AND COMMUNITY ACTIVISTS HAVE FOCUSED
ON RECYCLING AS ONE AREA WHERE THE VALUES AND INTERESTS OF BOTH GROUPS
ARE MUTUALLY SUPPORTED. SEVERAL LOCAL AND NATIONAL "CITY-CARE"
CONFERENCES HAVE BROUGHT REPRESENTATIVES TOGETHER OVER THESE ISSUES.
8. RECYCLING HAS ENCOURAGED LOCAL DECISION-MAKING OVER SOLID WASTE
MANAGEMENT AND ECONOMIC DEVELOPMENT ISSUES. MOST, IF NOT ALL, OF THE
MUNICIPAL PROGRAMS STARTED SINCE 1968 WERE INITIATED BY CITIZEN
ACTIVITY.
9. PEOPLE WANT TO AND LIKE TO RECYCLE. IN 1972, AN EPA SURVEY OF
METROPOLITAN HOUSEWIVES' ATTITUDES TOWARD SOLID WASTE DISPOSAL REVEALED
THAT: "VIRTUALLY ALL METROPOLITAN HOUSEWIVES (90%) EXPRESS WILLINGNESS
TO SEPARATE THEIR TRASH TO FACILITATE RECYCLING. ABOUT HALF FEEL THAT
SUCH SCTIVITY SHOULD BE MANDATORY RATHER THAN VOLUNTARY. WERE
SEPARATION OF TRASH REQUIRED, HOWEVER HOUSEWIVES CLAIM THEY WOULD PREFER
TO HAVE IT DONE AT THE HOUSEHOLD LEVEL RATHER THEN PAY EVEN A MINIMAL
($1 A YEAR) FEE TO THE MUNICIPALITY TO HAVE IT DONE FOR THEM" /1/ .
10. FEDERAL AND STATE PROGRAMS HAVE PROVIDED OVER $100 MILLION FOR
URBAN WASTE TECHNOLOGY DEVELOPMENT OVER THE PAST DECADE. EPA WILL SPEND
ANOTHER $45 MILLION IN ITS URBAN GRANTS PROGRAM OVER THE NEXT THREE
YEARS FOR PLANNING. DOE WILL SPEND FROM $24-45 MILLION FOR
IMPLEMENTATION OVER THE NEXT THREE YEARS. RCRA MAKES STATE,
COUNTY-BY-COUNTY, SOURCE SEPARATION PLANNING MANDATORY IF FEDERAL FUNDS
ARE BEING USED. THE ENERGY ACT OF 1978 PROVIDES A 10-20% TAX CREDIT FOR
INVESTMENTS IN RECYCLING EQUIPMENT. THE STATE OF CALIFORNIA NOW HAS A
$12 MILLION ANNUAL GRANTS/LOAN PROGRAM FOR RECYCLING ENTERPRISES.
RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
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DOE IS FORMALIZING A $300 MILLION LOAN GUARANTEE AND PRICE SUPPORT
PROGRAM FOR COMMERCIALIZING WASTE TECHNOLOGIES.
11. PRIVATE CORPORATIONS HAVE MADE MAJOR INVESTMENTS IN RECYCLING AND
WASTE UTILIZATION FACILITIES, INCLUDING MULTI-MILLION DOLLAR PAPER
MILLS, AND GLASS MANUFACTURING FACILITIES WHICH USE 100% RECYCLED
MATERIALS. CORPORATIONS HAVE ALSO BEGUN COMMUNITY ORIENTED RECYCLING
PROGRAMS.
BY USING THE RCRA MANDATE TO FOCUS MORE ON RECYCLING, WITHIN A FEW
YEARS, WITH RELATIVELY SMALL INVESTMENTS THE NATION COULD REAP THE
DIVIDENDS OF MORE JOBS, REDUCED FOREIGN DEPENDENCE ON OIL AND OF COURSE
CHANGE AMERICAS' SOLID WASTE PROBLEM INTO A SOLID WASTE ASSET. IT HAS
THE ABILITY TO FUND PROJECTS THAT NEIGHBORHOODS, CITIES AND PRIVATE
ENTERPRISE CAN WORK TOGETHER ON AND LEARN FROM AND PROFIT FROM. IT HAS
THE ABILITY TO OFFER A GOOD SOLUTION TO LANDFILLS AND IN MANY CASES
INAPPROPRIATE CENTRALIZED RESOURCE RECOVERY PLANTS.
(WHEREUPON, AT 12:25 P.M., THE SUBCOMMITTEE ADJOURNED.)
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TITLE PAGE OMITTED
PRINTED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY.
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TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF
MANAGEMENT PLANS AND FACILITIES FOR THE RECOVERY OF ENERGY AND OTHER
RESOURCES FROM DISCARDED MATERIALS AND FOR THE SAFE DISPOSAL OF
DISCARDED MATERIALS, AND TO REGULATE THE MANAGEMENT OF HAZARDOUS WASTE.
OCT 21, 1976 (S. 2150)
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, RESOURCE CONSERVATION
AND RECOVERY ACT OF 1976.
SECTION 1. THIS ACT MAY BE CITED AS THE "RESOURCE CONSERVATION AND
RECOVERY ACT OF 1976). 42 USC 6901 NOTE.
SEC. 2. THE SOLID WASTE DISPOSAL ACT (42 USC 3251 AND FOLLOWING)
IS AMENDED TO READ AS FOLLOWS:
"SEC. 10-1. THIS TITLE (HEREINAFTER IN THIS TITLE REFERRED TO AS
'THIS 42 USC 6901 ACT'), TOGETHER WITH THE FOLLOWING TABLE OF CONTENTS,
MAY BE CITED AS THE 'SOLID WASTE DISPOSAL ACT':
TABLE OF CONTENTS OMITTED.
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TABLE OF CONTENTS OMITTED.
42 USC 6901 "SEC. 1002. (A) SOLID WASTE. -- THE CONGRESS FINDS WITH
RESPECT TO SOLID WASTE
"(1) THAT THE CONTINUING TECHNOLOGICAL PROGRESS AND IMPROVEMENT IN
METHODS OF MANUFACTURE, PACKAGING,AND MARKETING OF CONSUMER PRODUCTS HAS
RESULTED IN AN EVER-MOUNTING INCREASE, AND IN A CHANGE IN THE
CHARACTERISTICS, OF THE MASS MATERIAL DISCARDED BY THE PURCHASER OF SUCH
PRODUCTS;
"(2) THAT THE ECONOMIC AND POPULATION GROWTH OF OUR NATION AND
THEIMPROVEMENTS IN THE STANDARD OF LIVING ENJOYED BY OUR POPULATION,
HAVE REQUIRED INCREASED INDUSTRIAL PRODUCTION TO MEET OUR NEEDS , AND
HAVE MADE NECESSARY THE DEMOLITION OF OLD BUILDINGS, THE CONSTRUCTION OF
NEW BUILDINGS, AND THEPROVISION OF HIGHWAYS AND OTHER AVENUES OF
TRANSPORTATION, WHICH, TOGETHER WITH RELATED INDUSTRIAL, COMMERCIA, AND
AGRICULTURAL OPERATIONS, HAVE RESTULED IN A RISING TIDE OF
SCRAP,DISCAFDED, AND WASTE MATERIALS;
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"(3) THAT THE CONTINUING CONCENTRATION OF OUR POPULATION IN EXPANDING
METROPOLITAN AND OTHER URBAN AREAS HAS PRESENTED THESE COMMUNITIES WITH
SERIOUS FINANCIAL, MANAGEMENT, INTERGOVERNMENTAL, AND TECHNICAL PROBLEMS
IN THE DISPOSAL OF SOLID WASTES RESULTING FROM THEINDUSTRIAL,
COMMERCIAL, DOMESTIC, AND OTHER ACTIVITIES CARRIED ON IN SUCH AREAS;
"(4) THAT WHILE THE COLLECTION AND DISPOSAL OF SOLID WASTE SHOULD
CONTINUE TO BE PRIMARILY THEFUNCTION OF STATE,REGIONAL, AND LOCAL
AGENCIES, THE PROBLEMS OF WASTE DISPOSAL AS SET FORTH ABOVE HAVE BECOME
A MATTER NATIONAL IN SCOPE AND IN CONCERN AND NECESSITATE FEDERAL ACTION
THROUGH FINANCIAL AND TECHNICAL ASSISTANCE AND LEADERSHIP IN THE
DEVELOPMENT DEMONSTRATION, AND APPLICATIONOF NEW AND IMPROVED METHODS
AND PROCESSES TO REDUCE THE AMOUNT OF WASTE AND UNSALVAGEABLE MATERIALS
AND TO PROVIDE FOR PROPER AND ECONOMICAL SOLID WASTE DISPOSAL PRACTICES.
"(B) ENVIRONMENT AND HEALTH. --THECONGRESS FINDS WITH RESPECT TO THE
ENVIRONMENT AND HEALTH, THAT
"(1) ALTHOUGH LAND IS TOO VALUABLE A NATIONAL RESOURCE TO BE
NEEDLESSLY POLLUTED BY DISCARDED MATERIALS, MOST SOLID WASTE IS DISPOSED
OF ON LAND IN OPEN DUMPS AND SANITARY LANDFILLS;
"(2) DISPOSAL OF SOLID WASTE AND HAZARDOUS WASTE IN OR ON THE LAND
WITHOUT CAREFULPLANNING AND MANAGEMENT CAN PRESENT A DANGER TO HUMAN
HEALTH AND THE ENVIRONMENT;
"(3) AS A RESULT OF THE CLEAN AIR ACT, THE WATER POLLUTION CONTROL
ACT, AND OTHER FEDERAL AND STATE LAWS RESPECTING PUBLIC HEALTH AND THE
ENVIRONMENT,GREATER AMOUNTS OF SOLID WASTE (IN THE FORM OF SLUDGE AND
OTHER POLLUTION TREATMENT RESIDUES) HAVE BEEN CREATED. SIMILARLY,
INADEQUATE AND ENVIRONMENTALLY UNSOUND PRACTICES FOR THEDISPOSAL OR USE
OF SOLID WASTE HAVE GREATED GREATER AMOUNTS OF AIR AND WATER POLLUTION
AND OTHER PROBLEMS FOR THE ENVIRONMENT AND FOR HEALTH;
"(4) OPENDUMPING IS PARTICULARLY HARMFUL TO HEALTH, CONTAMINATES
DRINKING WATER FROM UNDERGROUND AND SURFACE SUPPLIES, ANDPOLLUTED THE
AIR AND THELAND;
"(5) HAZARDOUS WASTE PRESENTES, IN ADDITION TO THEPROBLEMS ASSOCIATED
WITH NON-HAZARDOUS SOLID WASTE, SPECIAL DANGERS TO HEALTH AND REQUIRES A
GREATER DEGREE OF REGULATION THAN DOES NON-HAZARDOUS SOLID WASTE; AND
"(6) ALTERNATIVES TO EXISTING METHODS OF LAND DISPOSAL MUST BE
DEVELOPED SINCE MANY OF THECITIES IN THE UNITED STATES WILL BE RUNNING
OUT OF SUITABLE SOLID WASTE DISPOSAL SITES WITHIN FIVE YERAS UNLESS
IMMEDIATE ACTION IS TAKEN;
"(C) MATERIALS. -- THECONGRESS FINDS WITH RESPECT TO MATERIALS, THAT
"(1) MILLIONS OF TONS OF RECOVERABLE MATERIAL WHICH COULD BE USED ARE
NEEDLESSLY BURIED EACH YEAR;
"(2) METHODS ARE AVAILABLE TO SEPARATE USABLE MATERIALS FROM SOLID
WASTE; AND
"(3) THERECOVERY AND CONSERVATION OF SUCH MATERIALS CAN REDUCE THE
DEPENDENCE OF THE UNITED STATES ON FOREIGN RESOURCES AND REDUCE
THEDEFICIT IN ITS BALANCE OF PAYMENTS.
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"(D) ENERGY. -- THE CONGRESS FINDS WITH RESPECT TO ENERGY THAT
"(1) SOLID WASTEREPRESENTS A POTENTIAL SOURCE OF SOLID FUEL, OIL, OR
GAS THAT CAN BE CONVERTED INTO ENERGY;
"(2) THE NEED EXISTS TO DEVELOP ALTERNATIVE ENERGY SOURCES
FOR PUBLIC AND PRIVATE CONSUMPTION IN ORDER TO REUDCE OUR DEPENDENCE
ON SUCH SOURCES AS PETROLEUM PRODUCTS, NATURAL GAS, NUCLEAR AND
HYDROELECTRIC GENERATION; AND
"(3) TEHCNOLOGY EXISTS TO PRODUCE USABLE ENERGY FROM SOLID WASTE.
42 USC 6902 "SEC. 1003. THE OBJECTIVES OF THIS ACT ARE TO PROMOTE
THE PROTECTION OF HEALTH AND THE ENVIRONMENT TO TO CONSERVE VALUABLE
MATERIAL AND ENERGY RESOURCES BY
"(1) PROVIDING TECHNICAL AND FINANCIAL ASSISTANCE TO STATE AND LOCAL
GOVERNMENTS AND INTERSTATE AGENCIES FOR THE DEVELOPMENT OF SOLID WASTE
MANAGEMENT PLANS (INCLUDING RESOURCE RECOVERY AND RESOURCE CONSERVATION
SYSTEMS) WHICH WILL PROMOTE IMPROVED SOLID WASTE MANAGEMENT TECHNIQUES
(INCLUDING MORE EFFECTIVE ORGANIZATIONAL ARRANGEMENTS), NEW AND IMPROVED
METHODS OF COLLECTION, SEPARATION, AND RECOVERY OF SOLID WASTE, AND THE
ENVIRONMENTALLY SAFE DISPOSALOF NONRECOVERABLE RESIDUES;
"(2) PROVIDING TRAINING GRANTS IN OCCUPATIONS INVOLVING THE DESIGN,
OPERATION, AND MAINTENANCE OF SOLID WASTE DISPOSAL SYSTEMS;
"(3) PROHIBITING FUTURE OPEN DUMPING ON THELAND AND REQUIRING THE
CONVERSION OF EXISTING OPEN DUMPS TO FACILITIES WHICH DO NOT POSE A
DANGER TO THE ENVIRONMENT OR TO HEALTH
"(4) REGULATING THE -REATMENT, STORAGE, TRANSPOR-ATION, AND DISPOSAL
OF HAZARDOUS WASTES WHICH HAVE ADVERSE EFFECTS ON HEALTH AND
THEENVIRONMENT;
"(5) PROVIDING FOR THE PROMULGATION OF GUIDELINES FOR SOLID WASTE
COLLECTION, TRANSPORT, SEPARATION, RECOVERY, AND DISPOSAL PRACTICES AND
SYSTEMS;
"(6) PROMOTING A NATIONAL RESEARCH AND DEVELOPMENT PROGRAM FOR
IMPROVED SOLID WASTE MANAGEMENT AND RESOURCE CONSERVATION TECHNIQUES,
MORE EFFECTIVE ORGANIZATIONAL ARRANGEMENTS, AND NEW AND IMPROVED METHODS
OF COLLECTION, SEPARATION, AND RECOVERY, AND RECYCLING OF SOLID WASTES
AND ENVRIONMENTALLY SAFE DISPOSAL OF NONRECOVERABLE RESIDUES;
"(7) PROMOTING THE DEMONSTRATION, CONSTRUCTION, AND APPLICATION OF
SOLID WASTE MANAGEMENT, RESOURCE RECOVERY, AND RESOURCE CONSERVATION
SYSTEMS WHICH PRSERVE AND ENHANCE THEQUALITY OF AIR, WATER, AND LAND
RESOURCES; AND
"(8) ESTABLISHING A COOPERATIVE EFFORT AMONG THE FEDERAL, STATE, AND
LOCAL GOVERNMENTS AND PRIVATE ENTERPRISES IN ORDER TO RECOVER VALUABLE
MATERIALS AND THE ENERGY FROM SOLID WASTE.
42USC 6903 "SEC. 1004. AS USED IN THIS ACT:
"(1) THE TERM 'ADMINISTRATOR' MEANS THE ADMINISTRATOR OF THE
ENVIRONMENTAL PROTECTION AGENCY.
"(2) THETERM 'CONSTRUCTION,' WITH RESPECT TO ANY PROJECT OF
CONSTRUCTION UNDER THIS ACT, MEANS (A) THE ERECTION OR BUILDING OF NEW
STRUCTURES AND ACQUISITION OF LANDS OR INTERSTS THEREIN, OR THE
ACQUISITION, REPLACEMENT, EXPANSION, REMODELING,ALTERATION,
MODERNIZATION, OR EXTENSION OF EXISTING STRCTURES, AND (B) THE
ACQUISITION AND INSTALLATION OF INITIAL EQUIPMENT OF, OR REQUIRED IN
CONNECTION WITH,NEW OR NEWLY ACQUIRED SCTRUCTURES OR THE EXPANDED,
REMODELED, ALTERED, MODERNIZED OR EXTENDED PART OF EXISTING STRUCTURES
(INCLUDING TRUCKS AND OTHER MOTOR VEHICLES, AND TRACTORS, CRANES, AND
OTHER MACHINERY) NECESSARY FOR THEPROPER UTILIZATION AND OPEFATION OF
THEFACILITY AFTER COMPLETION OF THEPROJECT; AND INCLUDES PRELIMINARY
PLANNING TO DETERMINE THE ECONOMIC AND ENGINEERING FEASIBILITY AND THE
PUBLIC HEALTH AND SAFETY ASPECTS OF THE PROJECT, THE ENGINEERING,
ARCHITECTURAL, LEGAL, FISCAL, AND ECONOMIC INVESTIGATIONS AND STUDIES,
AND ANY SURVEYS, DESIGNS, PLANS, WORKING DRAWINGS, SPECIFICATIONS, AND
OTHER ACTION NECESSARY FOR THECARRYING OUT OF THEPROJECT, AND (C) THE
INSPECTION AND SUPERVISION OF THE PROCESS OF CARRYING OUT THE PROJECT TO
COMPLETION.
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"(2A) THETERM 'DEMONSTRATION'- MEANS THE INITIAL EXHIBITION OF A NEW
TECHNOLOGY PROCESS OR PRACTICE OR A SIGNIFICANTLY NEW COMBINATION OR USE
OF TECHNOLOGIES, PROCESSES OR PRACTICES, SUBSEQUENT TO THE DEVELOPMENT
STAGE, FOR THE PURPOSE OF PROVING TECHNOLOGICAL FEASIBILITY AND COST
EFFECTIV ENESS.
"(3) THE TERM 'DISPOSAL' MEANS THEDISCHARGE, 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 THEROF MAY ENTER THE ENVIRONMENT OR BE EMITTED
INTO THE AIF OR DISCHARGED INTO ANY WATERS, INCLUDING GROUND WATERS.
"(4) THE TERM 'FEDERAL AGENCY' MEANS ANY DEPARTMENT, AGENCY, OR OTHER
INSTRUMENTALITY OF THE FEDERAL GOVERNMENT, ANY INDEPENDENT AGENCY OR
ESTABLISHMNET OF THE FEDERAL GOVERNMENT INCLUDING ANY GOVERNMENT
CORPORATION, AND THEGOVERNMENT PRINTING OFFICE.
"(5) THE TERM 'HAZ ARDOUS WASTE' MEANS A SOLID WASTE, OR COMBINATION
OF SOLID WASTES, WHICH BECAUSE OF ITS QUANTITY, CONCENTRATION, OR
PHYSICAL, CHEMICAL, OR INFECTIOUS CHARACTISTICS MAY
"(A) CAUSE, OR SIGNIFICATNLY CONTRIBUTE TO AN INCREASE IN MORTALITY
OR AN INCREASE IN SERIOUS IRREVERSIBLE, OR INCAPACITATING REVERSIBLE,
ILLNESS; OR
"(B) POSE A SUBSTANTIAL PRSENT OR POTENTIAL HAZARD TO HUMAN HEALTH OF
THE ENVIRONMENT WHEN IMPROPERLY TREATED, STORED, TRANSPORTED OR DISPOSED
OF,OR OTHERWISE MANAGED.
"(6) THE TERM 'HAZARDOUS WASTE GENERATION' MEANS THE ACT OR PROCESS
OF PRODUCING HAZARDOUS WASTE.
"(7) THE TERM 'HAZARDOUS WASTE MANAGEMENT' MEANS THE SYSTEMATIC
CONTROL OF THE COLLECTION, SOURCE SEPARATION,STORAGE, TRANSPORTATION,
PROCESSING, TREATMENT, RECOVERY, AND DISPOSAL OF HAZARDOUS WASTES.
"(8) FOR PURPOSES OF FEDERAL FINANCIAL ASSISTANCE (OTHER THAN RURAL
COMMUNITIES ASSISTANCE),THE TERM 'IMPLEMENTATION' DOES NOT INCLUDE THE
ACQUISITION, LEASING, CONSTRUCTION, OR MODIFICATION OF FACILITIES OR
EQUIPMENT OR THE ACQUISITION, LEASING, OR IMPROVEMENT OF LAND. POST, P.
2813.
"(9) THE TERM 'INTERMUNICIPAL AGENCY' MEANS AN AGENCY ESTABLISHED BY
TWO OR MORE MUNICIPALITIES WITH RESPONSIBILITY FOR PLANNING OR
ADMINISTRATION OF SOLID WASTE.
"(10) THE TERM "INTERSTATE AGENCY" MEANS AN AGENCYOF TWO OR MORE
MUNICIPALITIES IN DIFFERENTSTATES, OR AN AGENCY ESTABLISHED BY TWO OR
MORE STATES, WITH AUTHORITY TO PROVIDE FOR THE MANAGEMENT OF SOLID
WASTES AND SERVING TWO RO MORE MUNCIPILATIES LOCATED IN DIFFERENT
STATES.
"(11) THE TERM "LONG TERM CONTRACT" MEANS WHEN USED IN RELATION TO
SOLID WASTE SUPPLY, A CONTRACT OF SUFFICIENT DURATION TO ASSURETHE
VIABILITY OF A RESOURCE RECOVERY FACITLITY (TO THE EXTENT THAT SUCH
VIBILITY DEPENDS UPON SOLID WAST SUPPLY).
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"(12) THE TERM 'MANIFEST' MEANS THE FORM USED FOR IDENTIFYING THE
QUANTITY, COMPOSITION,AND THE ORIGIN, ROUTING, AND DESTINATION OF
HAZARDOUS WASTE DURING ITS TRANSPORTATION FROM THE POINT OF GENERATION
TO THE POINT OF DISPOSAL, TREATMENT, OR STORAGE.
"(13) THE TERM 'MUNICIPALITY' (A) MEANS A CITY, TOWN, BOROUGH,
COUNTY, PARISH, DISTRICT, OR OTHER PUBLIC BODY CREATED BY OR PURSUANT TO
STATE LAW, WITH RESPONSIBILITY FOR THEPLANNING OR ADMINISTRATION OF
SOLID WASTE MANAGEMENT, OR AN INDIAN TRIBE OR AUTHORIZED TRIBAL
ORGANIZATION OR ALASKA NATIVE VILLAGE OR ORGANIZATION, AND (B) INCLUDES
ANY RURAL COMMUNITY OR UNINCORPORATED TOWN OR VILLAGE OR ANY OTHER
PUBLIC ENTITY FOR WHICH AN APPLICATION FOR ASSISTANCE IS MADE BY A STATE
OR POLITICAL SUBDIVISION THEREOF.
"(14) THE TERM 'OPEN DUMP' MEANS A SITE FOR THE DISPOSAL OF SOLID
WASTE WHICH IS NOT A SANITARY LANDFILL WITHIN THE MEANING OF SECTION
4004.
"(15) THE TERM 'PERSON' MEANS AN INDIVIDUAL, TRUST, FIRM, JOINT STOCK
COMPANY, CORPORATION (INCLUDING A GOVERNMENT CORPORATION), PARTNERSHIP,
ASSOCIATION, STATE, MUNICIPALITY, COMMISSION, POLITICAL SUBDIVISION OF A
STATE , OR ANY INTERSTATE BODY.
"(16) THE TERM 'PROCUREMENT ITEM' MEANS ANY DEVICE, GOOD,
SUBSTANCE,MATERIAL, PRODUCT, OR OTHER ITEM WHETHER REAL OR PERSONAL
PROPERTY WHICH IS THESUBJECT OF ANY PURCHASE, BARTER, OR OTHER EXCHANGE
MADE TO PROCURE SUCH ITEM.
"(17) THE TERM 'PROCURING AGENCY' MEANS ANY FEDERAL AGENCY, OR STATE
AGENCY OR AGENCY OF A POLITICAL SUBDIVISION OF A STATE WHICH IS USING
APPROPRIATED FEDERAL FUNDS FOR SUCH PROCUREMENT, OR ANY PERSON
CONTRACTING WITH ANY SUCH AGENCY WITH RESPECT TO WORK PERFORMED UNDER
SUCH CONTRACT.
"(18) THE TERM 'RECOVERABLE' REFERS TO THE CAPABILITY AND LIKELIHOOD
OF BEING RECOVERED FROM SOLID WASTE FOR A COMMERCIAL OR INDUSTRIAL USE.
"(19) THE TERM 'RECOVERED MATERIAL' MEANS MATERIAL WHICH HAS BEEN
COLLECTED OR RECOVERED FROM SOLID WASTE.
"(20) THE TERM "RECOVERED RESOURCES' MEANS MATERIAL OR ENERGY
RECOVERED FROM SOLID WASTE.
"(21) THE TERM "RESOURCE CONSERVATION' MEANS REDUCTION OF THE AMOUNTS
OF SOLID WASTE THAT ARE GENERATED, REDUCTION OF OVEFALL RESOURCE
CONSUMPTION, AND UTILIZATION OF RECOVERED RESOURCES.
"(22) THE TERM 'RESOURCE RECOVERY' MEANS THE RECOVERY OF MATERIAL OR
ENERGY FROM SOLID WASTE.
"(23) THE TERM 'RESOURCE RECOVERY SYSTEM' MEANS A SOLID WASTE
MANAGEMENT SYSTEM WHICH PROVIDES FOR COLLECTION, SEPARATION, RECYCLING,
AND RECOVERY OF SOLID WASTES, INCLUDING DISPOSAL OF NONRECOVERABLE WASTE
RESIDUES.
"(24) THE TERM 'RESOURCE RECOVERY FACILITY' MEANS ANY
FACILITY AT WHICH SOLID WASTE IS PROCESSED FOR THE PURPOSE
OF EXTRACTING, CONVERTING TO ENERGY, OR OTHERWISE SEPARATING
AND PREPARING SOLID WASTE FOR REUSE.
POST, P. 2816"(25) THE TERM 'REGIOAL AUTHORITY' MEANS THE AUTHORITY
ESTABLISHED OR DESIGNATED UNDER SECTION 4006.
"(26) THE TERM 'SANITARY LANDFILL' MEANS A FACILITY FOR THE DISPOSAL
OF SOLID WASTE WHICH MEETS THE CRITERIA PUBLISHED UNDER SECTION 4004.
"(26A) THE TERM 'SLUDGE' MEANS ANY SOLID, SEMISOLID OR LIQUID WASTE
GENERATED FROM A MUNICIPAL,COMMERCIAL, OR INDUSTRIAL WASTEWATER
TREATMENT PLANT, WATER SUPPLY TREATMENT PLANT, OR AIR POLLUTION CONTROL
FACILITY OR ANY OTHER SUCH WASTE HAVING SIMILAR CHARACTERISTICS AND
EFFECTS.
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"(27) THE TERM 'SOLID WASTE' MEANS 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 RSULTING FROM INDUSTRIAL,
COMMERCIAL, MINING, AND AGRICULTURAL OPERATIONS, AND FROM COMMUNITY
ACTIVITIES, BUT DOES NOT INCLUE SOIL 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), OR SOURCE, SPECIALNUCLEAR, OR BYPRODUCT MATERIAL AS DEFINED
BY THE ATOMIC ENERGY ACT OF 1954, AS AMENDED (68 STAT. 923). 33 USC
1342. 42 USC 2011 NOTE.
"(28) THE TERM 'SOLID WASTE MANAGMENT' MEANS THE SYTEMATIC
ADMINISTRATION OF ACTIVITIES WHICH PROVIDE FOR THE COLLECTION, SOURCE
SEPARATION, STORAGE, TRANSPORTATION, TRANSFER, PROCESSING, TREATMENT,
AND DISPOSAL OF SOLID WASTE.
"(29) THE TERM 'SOLID WASTE MANAGEMENT FACILITY INCLUDES
"(B) ANY SYSTEM, PROGRAM, OR FACILITY FOR RESOURCE CONSERVATION, AND
"(C) ANY FACILITY FOR THE COLLECTION,SOURCE SEPARATION, STORAGE,
TRANSPORTATION, TRANSFER, PROCESSING, TREATMENT OR DISPOSAL OF SOLID
WASTE, INCLUDING HAZARDOUS WASTES, WHETHER SUCH FACILITY IS ASSOCIATED
WITH FACILITIES GENERATING SUCH WASTES OR OTHERWISE.
"(30) THE TERMS 'SOLID WASTE PLANNING', 'SOLID WASTE MANAGEMENT',
AND'COMPREHENSIVE PLANNING' INCLUDE PLANNING OR MANAGEMENTRESPECTING
RESOURCE RECOVERY AND RESOURCE CONSERVATION.
"(31) THE TERM 'STATE' MEANS ANY OF SEVERAL STATES, THE DISTRICT OF
COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM,
AMERICAN SAMOA, AND THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
"(32) THE TERM 'STATE AUTHORITY' MEANS THE AGENCY ESTABLISHED OR
DESIGNATED UNDER SECTIN 4007. POST P. 2817.
"(33) THE TERM 'STORAGE', WHEN USED IN CONNECTION WITH HAZARDOUS
WASTE, MEANS THE CONTAINMENT OF HAZARDOUS WASTE, WITHER ON A TEMPORARY
BASIS OR FOR A PERIOD OF YEARS, IN SUCH A MANNER AS NOT TO CONSTITUTE
DISPOSAL OF SUCH HAZARDOUS WASTE.
"(34) THE TERM 'TREATMENT', WHEN USED IN CONNECTION WITH HAZARDOUS
WASTE, MEAN ANY METHOD, TEHCNIQUE, OR PROCESS, INCLUDING NEUTRALIZATION,
DESIGNED TO CHANGE THEPHYSICAL, CHEMICAL, OR BIOLOGICAL CHARACTER OR
COMPOSITION OF ANY HAZARDOUS WASTE SO AS TO NEUTRALIZE SUCH WASTE OR SO
AS TO RENDER SUCH WASTE NONHAZARDOUS, SAFER FOR TRANPORT, AMENABLE FOR
RECOVERY, AMENABLE FOR STORAGE, OR REDUCED I N VOLUME. SUCH TERM
INCLUDES ANY ACTIVITY OR PROCESSING DESIGNED TO CHANGE THEPHYSICAL FORM
OR CHEMICAL COMPOSITION OF HAZARDOUS WASTE SO AS TO RENDER IT
NONHAZARDOUS.
"(35) THE TERM 'VIRGIN MATERIAL' MEANS A RAW MATERIAL, INCLUDING
PREVIOUSLY UNUSED COPPER, ALUMINUM, LEAD, ZINC, IRON, OR OTHER METAL OR
METAL ORE, ANY UNDEVELOPED RESOURCE THAT IS, OR WITH NEW TECHNOLOGY WILL
BECOME, A SOURCE OR RAW MATERIALS.
"SEC. 1005. (A) INTERSTATE COOPERATION. -- THE PROVISIONS OF THIS ACT
TO BE CARRIED OUT BY STATES MAY BE CARRIED OUT BY INTERSTATE GENCIES AND
PROVISIONS APPLICABLE TO STATES MAY APPLY TO INTERSTATE REGIONS WHERE
SUUCH AGENCIES AND REGIONS HAVE BEEN ESTABLISHED BY THE RESPECTIVE . . .
42 USC 6904.
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. . . "(B) ACTION BY ADMINISTRATOR. -- THE ADMINISTRATOR SHALL
"(1) ACT WITHINNINETY DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT
"(A) TO DEFINE THE TERM "KNOWNFINANCIAL INTEREST' FOR PURPOSES OF
SUBSECTION () OF THIS SECTION;AND
"(B) TO ESTABLISH THE METHODS BY WHICH THE REQUIREMENT TO FILEWRITTEN
STATEMENTS SPECIFIED IN SUBSECTION (A) OF THIS SECTION WILL BE MONITORED
AND ENFORCED, INCLUDING APPROPRIATE PROVISION FOR THE FILING BY SUCH
OFFICERS AND EMPLOYEES OF SUCH PROVISION FOR THEFILING BY SUCH OFFICERS
AND EMPLOYEES OF SUCH STATEMENTS AND THE REVIEW BY THE ADMINISTRATOR OF
SUCH STATEMENTS; AND
"(2) REPORT TO THE CONGRESS ON JUNE 1, 1978, AND OF EACH SUCCEEDING
CALENDAR YEAR WITH RESPECT TO SUCH DISCLOSURES THE ACTIONS TAKEN IN
REGARD THERETO DURING THE PRECEDING CALENDAR YEAR. REPORT TO CONGRESS.
"(C) EXEMPTION. -- INTHE RULES PRESCRIBED UNDER SUBSECTIN (B) OF THIS
SECTION,THE ADMINISTRAOTRMAY IDENTIFY SPECIFIC POSTIONS WITHIN THE
ENVIRONMENTALPROTECTIONAGENCY WHICH ARE OF A NONPOLICY-MAKING NATURE AND
PROVIDE THAT OFFICERS OR EMPLOYEES OCCUPYING SUCH POSITIONS SHALL BE
EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.
"(D) PENALTY. -- ANY OFFICER OR EMPLOYEE WHO IS SUBJECT TO, AND
KNOWINGLY VIOLATES, THIS SECTION SHALL BE FINED NOT MORE THAN $2,500 OR
IMPRISONED NOT MORE THAN ONE YEAR, OR BOTH.
"SEC.1008. () GUIDELINES. -- WITHIN ONE YEAR OF ENACTMENT OF THIS
SECTION, AND FROM TIME TO TIME THEREAFTER, THE ADMINISTRAOTR SHALL, IN
COOPERATION WITH APPROPRIATE FEDERAL, STATE,MUNICIPAL, AND
INTERMUNICIPAL AGENCIES, AND IN CONSULTATION WITH OTHER INTERESTED
PERSONS, AND AFTER PUBLIC HEARINGS, DEVELOP AND PUBLISH SUGGESTED
GUIDELINES FOR SOLID WASTE MANAGEMENT. SUCH SUGGESTED GUIDELINES SHALL
-- 42 USC 6907.
"(1) PROVIDE A TECHNICAL AND ECONOMIC DESCRIPTION OF THE LEV EL OF
PERFORMANCE THAT CAN BE ATTAINED BY VARIOUS AVAILABLE SOLID WASTE
MANAGEMENT PRACTICES (INCLUDING OPERATING PRACTICES) WHICH PROVIDE FOR
THE PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT;
"(2) NOT LATER THANTWO YEARS AFTER THE ENACTMENT OF THIS SECTION,
DESCRIBE LEVELS OF PERFORMANCE, INCLUDING APPROPRIATE METHODS AND
DEGREES OF CONTROL, THAT PROVIDE AT A MINIMUM FOR (A) PROTECTION OF
PUBLIC HEALTH AND WELFARE; (B) PROTECTION OF THE QUALITY OF GROND
WATERS AND SURFACE WATERS FROM LEACHATES; (C) PROTECTION OF THEUALITY
OF SURFACE WATERS FROM RUNOFF THROUGH COMPLIANCE WITH EFFLUENT
LIMITATIONS UNDER THEFEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED;
(D) PROTECTION OF AMBIENT AIR QUALITY THROUGH COMPLIANCE WITH NEW SOURCE
PERFORMANCE STNDARDS OR REQUIREMENTS OF AIR QUALITY IMPLEMENTATION PLANS
UNDER THE CLEAN AIR ACT, AS AMENDED; (E) DISEASE AND VECTOR CONTROL;
(F) SAFETY; AND (G) ESTHETICS; AND 33 USC 1251 NOTE.
"(3) PROVIDE MINIMUM CRITERIA TO BE USED BY THE STATES TO DEFINE
THOSE SOLID WASTE MANAGEMENT PRACTICES WHICH CONSTITUTE THEOPEN DUMPING
OF SOLID WASTE OR HAZARDOUS AND ARE TO BE PROHIBITED UNDER SUBTITLE D OF
THIS ACT. MINIMUM CRITERIA OF MANAGEMENT PRACTICES.
WHERE APPROPRIATE, SUCH SUGGESTED GUIDELINES ALSO SHALL INCLUDE
MINIMUM INFORMATION FOR SE IN DECIDING THE ADEQUATE LOCATION,DESIGN, AND
CONSTRUFTION OF FACILITIES ASSOCIATED WITH SOLID WASTE MANAGEMENT
PRACTICES, INCLUDING THE CONSIDERATION OF REGIONAL, GEOGRAPHIC,
DEMONGRAPHIC, AND CLIMATIC FACTORS.
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NOTIFICATION TO CONGRESSIONAL COMMITTEES.
"(B) NOTICE. -- THE ADMINISTRAOTR SHALLNOTIFY THE COMMITTEE ON PUBLIC
WORKS OF THE SENATE AND THE COMMITTEE ON INTERSTAE AND FOREIGN COMMERCE
OF THE HOUSE OF REPRESENTATIVES A REASONABLE TIME BEFORE PUBLISHING ANY
SUGGESTED GUIDELINES OR PROPOSED REGULATIONS UNDER THIS ACT, OF THE
CONTENT OF SUCH PROPOSED SUGGESTED GUIDELINES OR PROPOSED REGULATIONS
UNDER THIS ACT.
ESTABLISHMENT 42 USC 6911 "SEC. 2001. THE ADMINISTRATOR SHALL
ESTABLISH WITHIN THE ENVIRONMENTAL PROTECTION AGENCY AN OFFICE OF SOLID
WASTE (HEREINAFTER REFERRED TO AS THE OFFICE') TO BE HEADED BY A DEPUTY
ASSISTANT ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY. THE
DUTIES AND RESPONSIBLITIES (OTHER THAN DUTIES AND AND RESPONSIBILITIES
RELATING TO RESERACH AND DEVELOPMENT) OF THE ADMINISTRATOR UNDER THIS
ACT (AS MODIFIED BY APPLICABLE REORGANIZATION PLANS) SHALL BE CARRIED
OUT THROUGH THR OFFICE.
42 USC 6912 "SEC. 2002. (A) AUTHORITIES. -- IN CARRYING OUT THIS ACT,
THE ADMINISTRATOR IS AUTHORIZED TO
"(1) PRESCRIBE, IN CONSULTATION WITH FEDERAL, STATE, AND REGIONAL
AUTHORITIES, SUCH REGULATIONS AS ARE NECESSARY TO CARRY OUT HIS
FUNCTIONS UNDER THIS ACT;
"(2) CONSULT WITH OR EXCHANGE INFORMATION WITH OTHER FEDERAL AGENCIES
UNDERTAKING RESERACH,DEVELOPMENT,DEMONSTRATION PROJECTS, STUDIES, OR
INVESTIGATIONS RELATING TO SOLID WASTE;
"(3) PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE TO S-ATES OR
REGIONALAGENCIES IN THE DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE
PLANS AND HAZARDOUS WASTE MANAGEMENT PROGRAMS;
"(4) CONSULT WITH REPRESENTATIVES OF SCIENCE, INDUSTRY,
AGRICULTURE,LABOR, ENVIRONMENTAL PROTECTION AND CONSUMER ORGANIZATIONS,
AND OTHER GROUPS, AS HE DEEMS ADVISABLEF AND
"(5) UTILIZE THE INFORMATION, FACILITIES, PERSONNEL AND OTHER
RESOURCES OF FEDERAL AGENCIES, INCLUDING THE NATIONAL BUREAU OF
STAND-RDS AND THE NATIONAL BUREAU OF THE CENSUS, ON A REIMBURSABLE
BASIS, TO PERFORM RESERACH AND ANALYSES AND CONDUCT STUDIES AND
INVESTIGATIONS RELATED TO RESOURCE RECOVERY AND CONSERVATION AND TO
OTHERWISE CARRY OUT THE ADMINISTRATOR'S FUNCTIONS UNDER THIS ACT.
"(B) REVISION OF REGULATIONS. -- EACH REGULATION PROMULGATED UNDER
THIS ACT SHALL BE REVIEWED AND, WHERE NECESSARY,REVISED NOT LESS
FREQUENTLY THAN EVERY THREE YEARS.
TECHNICAL ASSISTANCE BY PERSONNEL TEAMS. 42 USC 6913. "SEC. 2003.
THE ADMINISTRAOTR SHALL PROVIDE TEAMS OF PERSONNEL, INCLUDING FEDERAL,
STATE, AND LOCAL EMPLOYEES OR CONTRACTORS (HEREINAFTER REFERRED TO AS
'RESOURCE CONSERVATION AND RECOVERY PANELS') TO PROVIDE FEDERAL
AGENCIES,STATES AND LOCAL GOVERNMENTS UPON REQUEST WITH TECHNIAL
ASSISTANCE ON SOLID WASTE MANAGEMENT,RESOURCE RECOVERY, AND RESOURCE
CONSERVATION.
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SUCH TEAMS SHALL INCLUDE TECHNICAL, MARKETING, FINANCIAL AND
INSTITUTIONAL SPECIALISTS, AND THESERVICES OF SUCH TEAMS SHALL BE
PROVIDED WITHOUT CHARGE TO STATES OR LOCAL GOVERNMENTS.
"SEC. 2004.() GRANTS. -- THE ADMINISTRATOR SHALL MAKE AVAILABLE
GRANTS EQUAL TO 5 PERCENT OF THE PURCHASE PRICE OF TIRE SHREDDERS
(INCLUDING PORTABLE SHREDDERS ATTACHED TO TIRE COLLECTION TRUCKS) TO
THOSE ELIGIBLE APPLICANTS BEST MEETING CRITERIA PROMULGATED UNDER THIS
SECTION. AN ELIGIBLE APPLICATN MAY BE ANY PRIVATE PURCHASER, PUBLIC
BODY, OR PUBLIC-PRIVATE JOINT VENTURE. CRITERIA FOR RECEIVING GRANTS
SHALL BE PROMULGATED UNDER THIS SECTION AND SHALL INCLUDE THE POLICY TO
OFFER ANY PROVATE PURCHASER THE FIRST OPTION TO RECEIVE A GRANT, THE
POLICY TO DEVELOP WIDESPRAD GEOGRAPHIC DISTRIBUTION OF TIRE SHREDDING
FACILITIES, THE NEED FOR SUCH FACILITIES WITHIN A GEOGRAPHIC AREA, AND
THE PROJECTED RISK AND VAIBILITY OF ANY SUCH VENTURE. IN THE CASE OF AN
APPLICATION UNDER THIS SECTION FROM A PUBLIC BODY, THE ADMINISTRATOR
SHALL FIRST MAKE A DETERMINATION THAT THERE ARE NOT PRIVATE PURCHASERS
INTERESTED IN MAKING AN APPLICATION BEFORE APPROVING A GRANT TO A PUBLIC
BODY. ELIGIBLE APPLICANTS. 42 USC 6914.
"(B) AUTHORIZATION. -- THERE IS AUTHORIZED TO BE APPROPRIATED
$750,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS
SECTION.
"SEC.2005. THE ADMINISTRATOR SHALLTRANSMIT TO THE CONGRESS AND THE
PRESIDENT,NOT LATER THAN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR,
A COMPREHENSIVE AND DETAILED REPORT ON ALL ACTIVITIES OF THE OFFICE
DURING THE PRECEDING FISCAAL YEAR. EACH SUCH REPORT SHALL INCLUDE -- 42
USC 6915.
"(1) A STATEMENT OF SPECIFIC AND DETAIL OBJECTIVES FOR THE ACTIVITIES
AND PROGRAMS CONDUCTED AND ASSISTED UNDER THIS ACT;
"(2) STATEMENTS OF THE ADMINISTRATOR'S CONCLUSIONS AS TO THE
EFFECTIVENESS OF SUCH ACTIVITIES AND PROGRAMS IN MEETING THE STATED
OBJECTIVES AND THE PURPOSES OF THIS ACT,MEASURED THROUGH THEEND OF SUCH
FISCAL YEAR
"(3) A SUMMARY OF OUTSTANDING SOLID WASTE PROBLEMS CONFRONTING THE
ADMINISTRAOTR, IN ORDER OR PRIORITY;
"(4) RECOMMENDATIONS WITH RESPECT TO SUCH LEGISLATION WHICH THE
ADMINISTRATOR DEEMS NECESSARY OR DESIRABLE TO ASSIST IN SOLVING PROBLEMS
RESPETING SOLID WASTE;
"(5) ALL OTHER INFORMATION REQUIRED TO BE SUBMITTED TO THE CONGRESS
PURSUANT TO ANY OTHER PROVISION OF THIS ACT, AND
"(6) THE ADMINISTRATOR'S PLANS FOR ACTIVITIES AND PROGRAMS RESPECTING
SOLID WASTE DURING THE NEXT FISCAL YEAR.
"SEC.2006. (A) GENERAL ADMINISTRATION. -- THERE ARE AUTHORIZED TO BE
APPROPRIATED TO THE ADMINISTRATOR FOR THE PURPOSE OF CARRYING OUT THE
PROVISIONS OF THIS ACT, $35,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 1977, $38,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978,AND
$42,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979. 42 USC 6916.
"(B) RESOURCE RECO-ERY AND CONSERVATION PANELS. -- NOT LESS THAN 20
PERCENT OF THE AMOUNT APPROPRIATED UNDER SUBSECTIN (A) SHALL BE USED
ONLY FOR PURPOSES OF RESOURCE RECOVERY AND CONSERVATION PANELS
ESTABLISHED UNDER SECTION 2003 (INCLUDING TRAVEL EXPENSES INCURRED BY
SUCH PANELS IN CARRYING OUT THEIR FUNCTIONS UNDER THIS ACT).
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INFRA."(C) HAZARDOUS WASTE. -- NOT LESS THAN 30 PERCNET OF THE AMOUNT
APPROPRIATED UDNER SU-BSECTION (A) SHALL BE USED ONLY FOR PURPOSES OF
CARRYINGO UT SUBTITEL C OF THIS ACT (RELATING TO HAZARDOUS WASTE) OTHER
THAN SECTION 3011.
42 USC 6921 "SEC. 3001.() CRITERIA FOR IDENTIFICATION OF LISTING.--
NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF OF THE ENACTMENT OF
THIS ACT, THE ADMINISTRATOR SHALL, AFTER NOTICE AND OPPORTUNITY FOR
PUBLIC HEARING, AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND
STATE AGENCIES, DEVELOP AND PROMULGATE CRITERIA FOR IDENTIFYING THE
CHARACTERISTICS OF HAZARDOUS WASTE, AND FOR LISTING HAZARDOUS WASTE,
WHICH SHOULD BE SUBJECT TO THE PROVISIONS OF THIS SUBTITLE, TAKING INTO
ACCOUNT TOXICITY, PERSISTENCE, AND DEGRADABILITY IN NATURE, POTENTIAL
FOR ACCUMULATION IN TISSUE, AND OTHER RELLATED FACTORS SUCH AS
FLAMMABILITY, CORROSIVNESS, AND OTHER HAZARDOUS CHARACTERISTICS. SUCH
CRITERIA SHALL BE REVISED FROM TIME TO TIMES AS MAY BE APPRIPRIATE.
REGULATIONS; ANTE, P. 2799. "(B) IDENTIFICATION AND LISTING.-- NOT
LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS SECTION,
AND AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING,THE ADMINISTRAOTR,
SHALL PROMULGATE REGULATIONS IDENTIFYING THE CHARACTERISTICS OF
HAZARDOUS WASTE, AND LISTING PARTICULAR HAZARDOUS WASTE S (WITHIN THE
MEANING OF SECTION 1004(5), WHICH SHALL BE SUBJECT TO THE PROVISIONS OF
THIS SUBTITLE. SUCH REGULATIONS SHALL BE BASED ON THE CRITERIA
PROMULGATED UNDER SUBSECTIN (A) AND SHALL BE REVISED FROM TIME TO TIME
THEREAFTER AS MAY BE APPROPRIATE.
"(C) PETITION BY STATE GOVERNOR. -- AT ANY TIME AFTER THE DATE
EIGHTEEN MONTHS AFTER THE ENACTMENT OF THIS TITLE, THE GOVERNOR OF ANY
STATE MAY PETITION THE ADMINISTRATOR TO IDENTIFY OR LIST A MATERIAL AS A
HAZARDOUS WASTE. THE ADMINISTRATOR SHALL ACTUPON SUCH PETITION
WITHINNINETY DAYS FOLLOWING HIS RECEIPT THEREOF AND SHALL NOTIFY THE
GOVERNOR OF SUCH ACTION. IF THE ADMINISTRATOR DENIES SUCH PETITION
BECAUSE OF FINANCIAL CONSIDERATIONS IN PROVIDING SUCH NOTICE TO THE
GOVERNOR HE SHALL INCLUDE A STATEMENT CONCERNING SUCH CONSIDERATIONS.
REGULATIONS; 42 USC 6922. "SEC. 3002. NOT LATER THAN EIGHTEEN
MONTHS AFTER THE DATE OF THE ENACTMENT OF THIS SECTION, AND AFTER NOTICE
AND OPPORTUNITY FOR PUBLIC HEARINGS AND AFTER CONSULTATION WITH
APPROPRIATE FEDERAL AND STATE AGENCIES, THE ADMINISTRATOR SHALL
PROMULGATE REGULATIONS ESTABLISHING SUCH STANDARDS,APPLICABLE TO
GENERATORS OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITLE,
AS MAY BE NECESSARY TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT. SUCH
STANDARES SHALL ESTABLISH REQUIREMENTS RESPECTING.
"(1) RECORDKEEPINGPRACTICES THAT ACCURATELY IDENTIFY THE QUANTITIES
OF SUCH HAZARDOUS WASTE GENERATED, THE CONSTITUENTS THEREOF WHICH
ARESIGNIFICANT IN QUANTITY OF IN POTENTIAL HARM TO HUMAN HEALTH OR THE
ENVIRONMENT, AND THE DISPOSITION OF SUCH WASTES; "(2) LABELINGPRACTICES
FORANY CONTAINERS USED FOR THE STORAGE TRANSPORT, OR DISOPSAL OF SUCH
HAZARDOUS WASTE SUCH AS WILL IDENTIFY ACCURATELY SUCH WASTE;
"(3) USE OF APPROPRIATE CONTAINERS FOR SUCH HAZARDOUS
WASTE;
"(4) FURNISHING OF INFORMATION ON THE GENERAL CHEMICAL COMPOSITION OF
SUCH HAZARDOUS WASTETO PERSONS TRANSPORTING, TREATING, STORING, OR
DISPOSING OF SUCH WASTES;
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"(5) USE OF A MANIFEST SYSTEM TO ASSURE THAT ALL SUCH HAZARDOUS WASTE
GENERATED IS DESIGNATED FOR TREATMENT, STORAGE, OR DISPOSAL IN
TREATMENT, STORAGE, OR DISPOSAL FACILITIES (OTHER THAN FACILITIES O N
THE PREMISES WHERE THE WASTE IS GENERATED) FOR WHICH A PERMIT HAS BEEN
ISSUED AS PROVIDED IN THIS SUBTITLE, OR PURSUANT TO TITLE I OR THEMARINE
PROTECTION,RESEARCH, AND SANCTUARIES ACT (86 STAT. 1052); AND
"(6) SUBMISSION OF REPORTS TO THE ADMINISTRATOR (OR THE STATE AGENCY
IN ANY CASE IN WHICH SUCH AGENCY CARRIES OUT ANAUTHORIZED PERMIT PROGRAM
PURSUANT TO THIS SUBTITLE) AT SUCH TIMESAS THE ADMINISTRATOR (OR THE
STATE AGENCY IF APPROPRIATE) DEEMS NECESSARY, SETTING OUT
"(A) THE QUANTITIES OF HAZARDOUS WASTE IDENTIFIED OR LISETD UNDER
THIS SUBTITLE THAT HE HAS GENERATED DURING A PARTICULAR TIME PERIOD;
AND
"(B) THE DISPOSITION OF ALL HAZARDOUS WASTE REPORTED UNDER
SUBPARAGRAPH (A).
"SEC. 3003. (A) STANDARDS. -- NOT LATER THAN EIGHTEEN MONTHS AFTER
THE DATE OF ENACTMENT OF THIS SECTION, AND AFTER OPPORTUNITY FOR PUBLIC
HEARINGS, THE ADMINISTRATOR, AFTER CONSULTATION WITH THE SECRETARY OF
TRANSPORTATION,AND THE STATES, SHALL PROMULGATE REGULATIONSESTABLISHING
SUCH STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE IDENTIFIED
OR LISTED UNDER THIS SUBTITLE, AS MAY BE NECESSARY TO PROTECT HUMAN
HEALTH AND THE ENVIRONMENT. SUCH STANDARDS SHALL INCLUDE BUT NEED NOT
BELIMITED TO REQUIREMENTS RESPECTING -- REGULATIONS. 42 USC 6923.
"(1) RECORDKEEPING CONCERNING SUCH HAZARDOUS WASTE TRANSPORTED, AND
THEIR SOURCE AND DELIVERY POINTS;
"(2) TRANSPORTATION OF SUCH WASTE ONLY IF PROPERLY LABELED:
"(3) COMPLIANCE WITH THE MANIFEST SYSTEM REFERRED TO IN SECTION
3002(5); AND
"(4) TRANSPORTATION OF ALL SUCH HAZARDOUS WASTE ONLY TO THE HAZARDOUS
WASTE TREATMENT STORAGE, OR DISPOSAL FACILITIES WHICH THE SHIPPER
DESIGNATES ON THE MANIFEST FORM TO BE A FACILITY HOLDING A PERMIT ISSUED
UNDER THIS SUBTITLE, OR PURSUANT TO TITLE I OF THE MARINE PROTECTION,
RESERACH, AND SANCTUARIES ACT (86 STAT. 1052).
"(B) COORDINATION WITH REGULATIONS OF SECRETARY OF TRANSPORTATION. --
IN CASE OF ANY HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITLE
WHICH IS SUBJECT TO THE HAZARDOUS MATERIALS TRANSPORTATION ACT (88 STAT.
2156; 49 U.S.C. 1801 AND FOLLOWING), THE REGULATIONS PROMULGATED BY THE
ADMINISTRATOR UNDER THIS SECTIONSHALL BE CONSISTENT WITH THE
REQUIREMENTS OF SUCH ACT AND THE REGULATIONS THEREUNDER. THE
ADMINISTRATOR IS AUTHORIZED TO MAKE RECOMMENDATIONS OF SUCH HAZARDOUS
WASTEUNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT AND FOR ADDITION
OF MATERIALS TO BE COVERED BY SUCH ACT. RECOMMENDATIONS.
REGULATIONS. 42 USC 6942. "SEC. 3004. NOT LATER THAN EIGHTEEN MONTHS
AFTER THE DATE OF ENACTMENT OF THISSECTION,AND AFTER OPPORTUNITY FOR
PUBLIC HEARINGS AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND
STATE AGENCIES, THE ADMINISTRATOR SHALL PROMULGATE REGUATIONS
ESTABLISHING SUCHPERFORMANCE STANDARDS, APPLICABLE TO OWNERS AND
OPERATORS OF FACILITIES FOR THE TREATMENT, STORAGE, OR DISPOSAL OF
HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITLE, AS MAY BE
NECESSARY TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT. SUCH STANDARDS
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO,REQUIREMENTS RESPECTING.
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"(1) MAINTAINING RECORDS OF ALL HAZARDOUS WASTES IDENTIFIED OR LISTED
UNDER THIS TITLE WHICH IS TREATED, STORED, OR DISPOSED OF, AS THE CASE
MAY BE, AND THE MANNER IN WHICH SUCH WASTES WERE TREATED, STORED, OR
DISPOSED OF;
"(2) SATISFACTORY REPORTING, MONITORING,AND INSPECTION AND COMPLIANCE
WITH THE MANIFEST SYTEM REFERRED TO IN SECTION 3002(5);
"(3) TREATMENT, STORAGE, OR DISPOSAL OF ALL SUCH WASTE RECIEVED BY
THE FACILITY PURSUANT TO SUCH OPERATING METHODS, TECHNIQUES, AND
PRACTICES AS MAY BE SATISFACTORY TO THE ADMINISTRATOR;
"(4) THE LOCATION, DESIGN, AND CONSTRUCTION OF SUCH HAZARDOUS WASTE
TREATMENT, DISPOSAL, OR STORAGE FACILITIES;
"(5) CONTINGENCY PLANS FOR EFFECTIVE ACTION TO MINIMIZE UNANTICIPATED
DAMAGE FROM ANY TREATMENT, STORAGE, OR DISPOSAL OF ANY SUCH HAZARDOUS
WASTE;
"(6) THE MAINTENANCE OF OPERATION OF SUCH FACILITIES AND REQUIRING
SUCH ADDITIONALQUALIFICATIONS AS TO OWNERSHIP, CONTINUITY OF OPERATION,
TRAINING FOR PERSONNEL, AND FINANCIAL RESPONISBILITY AS MAY BE NECESSARY
OR DESIRABLE; AND
"(7) COMPLIANCE WITH THE REQUIRMENTS OFSECTION 3005 RESPECTING
PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL.
NO PRIVATE ENTITY SHALL BE PRECLUDED BY REASONOF CRITERIA ESTABLISHED
UNDER PARAGRAPH (6) FROM THE OWNERSHIP OR OEPRATION OFFACILITIES
PROVIDING HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL SERVICES WHERE
SUCH ENTITY C-N PROVIDE ASSURANCES OF FINANCIAL RESPONSIBILITY AND
CONTINUITY OF OPERATION CONSISTENT WITH THE DEGREE AND DURATION OF RISKS
ASSOCIATED WITH THE TREATMENT, STORAGE, OR DISPOSAL OF SPECIFIED
HAZARDOUS WASTE.
REGULATIONS 42 USC 6925 "SEC. 3005.(A) PERMIT REQUIREMENTS NOT LATER
THAN EIGHTEEN MONTHS AFTER THE DATE OF THE ENACEMENT OF THIS SECTION,
THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS REQUIRINGEACH
PERSONOWNING OR OPERATING A FACILITY FOR THE TREATMENT, STORAGE, OR
DISPOSAL OFHAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBITLTE TO
HAVE A PERMIT ISSUED PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL
TAKE EFFECT ON THE DATE PROVIDED IN SECTION 3010 AND UPON AND UPON AND
AFTER SUCH DATE THE TREATMENT, STORAGE, OR DISPOSAL OR ANY SUCH
HAZARDOUS WASTE IS PROHIBITED EXCEPT IN ACCORDANCE WITH SUCH A PERMIT.
"(B) REQUIREMENTS OF PERMIT APPLICATION. -- EACH APPLICATION FOR A
PERMIT UNDER THIS SECTIONSHALL CONTAIN SUCH INFFOMATION AS MAY BE
REQUIRED UNDER REGULATIONS PROMULGATED BY THE ADMINISTRATOR, INCLUDING
INFORMATIONRESPECTING
"(1) ESTIMATES WITH RESPECT TO THE COMPOSITION QUANTITIES, AND
CONCENTRATIONS OF ANY HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS
SUBTITLE, OR COMBINATIONS OF ANY SUCH HAZARDOUS WASTE AND ANY OTHER
SOLID WASTE, PROPOSED TO BE DISPOSED OF, TREATED TRANSPORTED, OR STORED,
AND THE TIME, FREQUENCY, OR RATE OF WHICH SUCH WASTE IS PROPOSED TO BE
DISPOSED OF, TREATED, TRANSPORTED OR STORED; AND
"(2) THE SITE AT WHICH SUCH HAZARDOUS WASTE OR THE PRODUCTS OF
TREATMENT OF SUCH HAZARDOUS WASTE WILL BE DISPOSED OF, TREATED,
TRANSPORTED TO, OR STOFED.
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"(C) PERMIT ISSUANCE. -- UPON A DETERMINATION BY THE ADMINISTRATOR(OR
A STATE, IF APPLICABLE), OF COMPLIANCE BY A FACILITY FOR WHICH A PERMIT
IS APPLIED FOR UNDER THIS SECTION WITH THE REQUIREMENTS OF THIS SECTION
AND SECTION 3004, THE ADMINISTRATOR (OR THE STATE) SHALL ISSUE A PERMIT
FOR SUCH FACILITIES, OR IN THE EVENT THE ADMINISTRATOR (OR THE STATE)
DETERMINES THAT MODIFICATIONS ARE NECESSARY TO CONFORM TO THE
REQUIREMENTS UNDER THIS SECTION AND SECTION 3004, THE PERMIT SHALL
SPECIFY THE TIME ALLOWED TO COMPLETE THE MODIFICATIONS.
"(D) PERMIT REVOCATION. -- UPON A DETERMINATION BY THE ADMINISTRATOR
(OR BY A STATE, IN THE CASE OF A STATE HAVING AN AUTHORIZED HAZARDOUS
WASTE PROGRAM UNDER SECTION 3006) OF NONCOMPLIANCE BY A FACILITY HAVING
A PERMIT UNDER THIS TITLE WITH BTHE REQUIREMENTS OF THIS SECTION OR
SECTION 3004, THE ADMINISTRATOR (OR STATE, IN THE CASE OF A STATE HAVING
AN AUTHORIZED HAZARDOUS WAST EPROGRAM UNDER SECTION 3006) SHALL REVOKE
SUCH PERMIT.
"(E) INTERIM STATUS. -- ANY PERSON WHO
"(1) OWNS OR OPERATES A FACILITY REQUIRED TO HAVE A PERMIT UNDER THIS
SECTION WHICH FACILITY IS IN EXISTENCE ON THE DATE OF ENACTMENT OF THIS
ACT,
"(2) HAS COMPLIED WITH THE REQUIREMENTS OF SECTION3010(A), AND
"(3) HAS MADE AN APPLICATION FOR A PERMIT UNDER THIS SECTION SHALLBE
TREATED AS HAVING BEEN ISSUED SUCH PERMIT UNTIL SUCH TIME AS FINAL
ADMINISTRATIVE DISPOSITION OF SUCH IS MADE, UNLESS THE ADMINISTRATOR OR
OTHER PLAINTIFF PROVES THAT FINAL ADMINSTRATIVE DISPOSITION OF SUCH
APPLICATION HAS NOT BEEN MADE BECAUSE OF THE FAILURE OF THE APPLICANT TO
FURNISH INFORMATION REASONABLY REQUIRED OR REQUESTED IN ORDER TO PROCESS
THE APPLICATION.
"SEC. 3006.(A) FEDERAL GUIDELINES. -- NOT LATER THAN EIGHTEEN MONTHS
AFTER THE DATE THE DATE OF ENACTMENT OF THIS ACT, THE ADMINISTRATOR,
AFTER CONSLTATION WITH STATE AUTHORITIES SHALL PROMULGATE GUIDELINES TO
ASSIST STATES IN THE DEVELOPMENT OF STATE HAZARDOUS WASTE PROGRAMS. 42
USC 6926.
NOTICE AND HEARING. "(B) AUTHORIZATION OF STATE WHICH SEEKS TO
ADMINISTER AND ENFORCE A HAZARDOUS WASTE PROGRAM PURUSNAT TO THIS
SUBTITLE MAY DEVELOP AND,AFTER NOTICE AND OPPORTUNITY FOR PUBLIC
HEARING, SUBMIT TO THE ADMINISTRATOR AN APPLICATION, INSUCH FORM AS HE
SHALL REQUIRE, FOR AUTHORIZATION OF SUCH PROGRAM. WITHIN NINETY DAYS
FOLLOWING SUBMISSION OF AN APPLICATION UNDER THIS SUBSECTION, THE
ADMINISTRATOR SHALL ISSUE A A NOTICE AS TO WHETHER ORNOT HE EXPECTS SUCH
PROGRAM TO BE AUTHORIZED, AND WITHIN NINETY DAYS FOLLOWING SUCH NOTICE
(AND AFTER OPPORTUNITY FOR PUBLIC HEARING) HESHALL PUBLISH HIS FINDINGS
AS TO WHETHER OR NOT THECONDITIONS LISTED IN ITEMS (1), (2), AND (3)
BELOW HAVE BEEN MET. SUCH STATE IS AUTHORIZED TO CARRY OUT SUCH PROGRAM
IN LIEU OF THEFEDERAL PROGRAMS UNDER THIS SUBTITLE IN SUCH STATE AND TO
ISSUE AND ENFORCE PERMITS FOR THE STORAGE, TRATMENT, OR DISPOSAL OF
HAZARDOUS WASTE UNLESS, WITHINNINETY DAYS FOLLOWING SUBMISSION OF THE
APPLICATION THE ADMINISTRATOR NOTIFIES SUCH STATE THAT SUCH PROGRAM MAY
NOT BE AUTHORIZED AND, WITHIN NINETY DAYS FOLLOWING SUCH NOTICE AND
AFTER OPPORTUNITY FOR PUBLIC HEARING, HE FINDS THAT (1) SUCH STATE
PROGRAM IS NOT EQUIVALENT TO THE FEDERAL PROGRAM UNDER THIS SUBTITLE,
(2) SUCH PROGRAM IS NOT CONSISTENT WITH THE FEDERAL STATE PROGRMS
APPLICABLE IN OTHERS STATES, OR (3) SUCH PROGRAM DOES NOT PROVIDE
ADEQUATE ENFORCEMENT OF COMPLIANCE WITH THE REQUIREMENTS OF THIS
SUBTITLE.
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"(C) INTERIM AUTHORIZATION. -- ANY STATE WHICH HAS IN EXISTENCE A
HAZARDOUS WASTE PROGRAM PURSUANT TO STATE LAW BEFORE THE DATE NINEY DAYS
AFTER THE DATE OF PROMULGATION OF REGULATIONS UNDER SECTION 3002, 3003,
3004, AND 3005, MAY SUBMIT TO THE ADMINISTRATOR EVIDENCE OF SUCH
EXISTING PROGRAM AND MAY REQUEST A TEMPORARY AUTHORIZATION TO CARRY OUT
SUCH PROGRAM UNDER THIS SUBTITLE. THIS ADMINISTRATOR SHALL, IF THE
EVIDENCE SUBMITTED SHOWS THE EXISTING STATE PROGRAM TO BE SUBSTANTIALLY
EQUIVALENT TO THE FEDERAL PROGRAM UNDER THIS SUBTITLE, GRANT AN INTERIM
AUTHORIZATION TO THE STATE TO CARRY OUT SUCH PROGRAM IN LIEU OF THE
FEDERAL PROGRAM PURSUANT TO THIS SUBTITLE FOR A TWENTY-FOUR MONTH PERIOD
BEGINNING ON THE DATE SIX MONTHS AFTER THE DATE OF PROMULGATION OF
REGULATIONS UNDER SECTIONS 3002 AND 3005.
"(D) EFFECT OF STATE PERMIT. -- ANY ACTIONTAKENBY A STATE UNDER A
HAZARDOUS WASTE PROGRAM AUTHORIZED UNDER THIS SECTION SHALL HAVE THE
SAME FORCE AND EFFECT AS ACTION TAKEN BY THE ADMINISTRATOR UNDER THIS
SUBTITLE.
"(E) WITHDRAWAL OF AUTHORIZATION. -- WHENEVER THE ADMINISTRATOR
DETERMINES AFTER PUBLIC HEARING THAT A STATE IS NOT ADMINISTERING AND
ENFORCING A PROGRAMAUTHORIZED UNDER THIS SECTION IN ACCORDANCE WITH
REQUIREMENTS OF THIS SECTION, HE SHALL SO NOTIFY THE STATE AND,IF
APPRORPIATE CORRECTIVE ACTION IS NOT TAKENWITHIN A REASONABLE TIME, NOT
TO EXCEED NINETY DAYS, THE ADMINISTRATOR SHALL WITHDRAW AUTHORIZATION OF
SUCH PROGRAMS AND ESTABLISH A FEDERAL PROGRAM PURSUANT TO THIS SUBTITLE.
THE ADMINISTRAOTR SHALL NOT WITHDRAW AUTHORIZATION OF ANY SUCH PROGRAM
UNLESS HE SHALL FIRST HAVE NOTIFIED THE STATE, AND MADEPUBLIC, IN
WRITING THE REASONS FOR SUCH WITHDRAWAL.
42 USC 6927 "SEC. 3007. (A) ACCESS ENTRY. -- FOR PURPOSES OF
DEVELOPING OR ASSISTING IN THE DEVELOPMENT OFANY REGULATION OR ENFORCING
THE PROVISIONS OF THIS SUBTITLE, ANY PERSON WHO GENERATES, STORES,
TREATS, TRANSPORTS, DISPOSES OF, OF OTHERWISE HANDLES HAZARDOUS WASTES
SHALL, UPON REQUET OF ANY OFFICER OR EMPLOYEE OF THE ENVIRONMENTAL
PROTECTION AGENCY, DULY DESIGNATED OFFICER EMPLOYEE OF A STATE HAVING AN
AUTHORIZED HAZARDOUS WASTE PROGRAM, FURNISH OR PERMIT SUCH PERSON AT ALL
REASONABLE TIMES TO HAVE ACCESS TO, AND TO COPY ALL RECORDS RELATING TO
SUCH WASTES. FOR THE PURPOSES OF DEVELOPING OR ASSISTING IN THE
DEVELOPMENT OF ANY REGULATION OR ENFORCING THE PROVISIONS OF THIS TITLE,
SUCH OFFICERS OR EMPLOYEES ARE AUTHORIZED
"(1) TO ENTER AT REAONABLE TIMES ANY ESTABLISHMENT OR OTHER PLACE
MAINTAINED BY ANY PERSON WHERE HAZARDOUS WASTES ARE GENERATED, STORED,
TREATED, DISPOSED OF, OR TRANSPORTED FROM;
"(2) TO INSPECT AND OBTAIN SMAPLES FROM ANY PERSON OF ANY SUCH WASTES
AND SAMPLES OF ANY CONTAINERS OR LABELING FOR SUCH WASTES.
EACH SUCH INSPECTION SHALL BE COMMENCED AND COMPLETED WITH REASONABLE
PROMPTNESS. IF THEOFFICER OR EMPLOYEE OBTAINS ANY SAMPLES,PRIOR TO
LEAVING TH EPREMISES, HE SHALL GIVE TO THE OWNER OPERATOR, OR AGENT IN
CHARGE A RECEIPT DESCRIBING THE SAMPLE OBTAINED AND IF REQUESTED A
PORTION OF EACH SUCH SAMPLE EQUAL IN VOLUME OR WEIGHT TO THE PORTION
RETAINED. IF ANY ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE
RESULTS OF SUCH ANALYSIS SHALL BE FURNISHED PROMPTLY TO THE OWNER,
OPERATOR, OR AGENT IN CHARGE.
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"(B) AVAILABILITY TO PUBLIC. -- ANY RECORDS, REPORTS,OR INFORMATION
OBTAINED FROM ANY PERSON UNDER THIS SECTION SHALL BE AVAILABLE TO THE
PUBLIC, EXCEPT THAT UPON A SHOWING SATISFACTORY TO THE ADMINISTRATOR (OR
THE STATE, AS THE CASE MAY BE) BY ANY PERSON THAT RECORDS, REPORTS, OR
INFORMATION, OR PARTICULAR PART THEREOF, TO WHICH THE ADMINISTRATOR (OR
THE STATE AS THECASE MAY BE) HAS ACCESS UNDER THIS SECTION 1905 OF TITLE
18 OF THEUNITED STATES CODE, THE ADMINISTRATOR (OR THE STATE, AS THE
CASE MAY BE) SHALL CONSIDER SUCH INFORMATION OR PARTICULAR PORTION
THEREOF CONFIDENTIAL IN ACCORDANCE WITH THEPURPOSES OF THAT SECTION,
EXCEPT THAT SUCH RECORD, REPORT, DOCUMENT, OR INFORMATION MAY BE
DISCLOSED TO OTHER OFFICERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES OF
THE UNITED STATES CONCERNED WITH CARRYING OUT THIS ACT, OR WHEN RELEVANT
IN ANY PROCEEDING UNDER THIS ACT.
"SEC. 3008(A) COMPLIANCE ORDERS. -- (1) EXCEPT AS PROVIDED IN
PARAGRAPH (2), WHENEVERON THE BASIS OF ANY INFORMATION THE ADMINISTRATOR
DETERMINES THAT ANY PERSON IS IN VIOLATION OF ANY REQUIREMENT OF THIS
SUBTITLE, THE ADMINISTRATOR SHALL GIVE NOTICE TO THE VIOLATOR OF HIS
FAILURE TO COMPLY WITH SUCH REQUIREMENT. IF VIOLATION EXTENDS BEYOND THE
THIRTIETH DAY AFTER THE ADMINISTRATOR'S NOTIFICATION, THE ADMINISTRAOTR
MAY ISSUE AN ORDER REQUIRING COMPLIANCE WITHIN A SPECIFIED TIME PERIOD
OR THE ADMINISTRATOR MAY COMMENCE A CIVIL ACTION IN THE UNITED STATES
DISTRICT COURT IN THE DISTRICT IN WHICH THE VIOLATION OCCURRED FOR
APPROPRIATE RELIEF, INCLUDING A TEMPORARY OR PERMANENET INJUNCTION. 42
USC 6928.
"(2) IN THE CASE OF A VIOLATION OF ANY REQUIREMENT OF THIS SUBTITLE
WHERE SUCH VIOLATION OCCURS IN A STATE WHICH IS AUTHORIZED TO CARRY OUT
A HAZARDOUS WASTE PROGRAM UNDER SECTION 3006 THE ADMINISTRATOR SHALL
GIVE NOTICE TO THE STATE IN WHICH SUCH VIOLATION HAS OCCCURED THIRTY
DAYS PRIOR TO ISSUING AN ORDER OR COMMENCING A CIV-L ACTION UNDER THIS
SECTION.
"(3) IF SUCH VIOLATOR FAILS TO TAKE CORRECTIVE ACTION WITHIN THE TIME
SPECIFIED IN THE ORDER, HE SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT
MORE THAN $25,000 FOR EACH DAY OF CONTINUED NONCOMPLIANCE AND THE
ADMINISTRAOTR MAY SUSPEND OR REVOKE ANY PERMIT ISSUED TOTHE VIOLATOR
(WHETHER ISSUED BY THE ADMINISTRATOR OR THE STATE). PENALTY.
"(B) PUBLIC HEARING. -- ANY ORDER OR ANY SUSPENSION OR REVOCATION OF
A PERMIT SHALL BECOME FINAL UNLESS, NO LATER THAN THIRTY DAYS AFTER THE
ORDER OR NOTICE OF THE SUSPENSION OR REVOCATION IS SERVED, THE PERSON OR
PERSONS NA-MED THEREIN REQUEST A PUBLIC HEARING. UPON SUCH REQUEST THE
ADMINISTRATOR SHALL PROMPTLY CONDUCT A PUBLIC HEARING. IN CONNECTION
WITH ANY PROCEDING UNDER THIS SECTION THE ADMINISTRATOR MAY ISSUE
SUBPENAS FOR THE ATTENDANCE AND TESIMONY OF WITNESSES AND THE PRODUCTION
OF RELEVANT PAPERS, BOOKS, AND DOCUMENTS, AND MAY PROMULGATE RULESFOR
DISCOVERY PROCEDURES. SUBPENAS.
"(C) REQUIREMENTS OF COMPLIANCE ORDERS. -- ANY ORDER ISSUED UNDER
SECTION SHALL STATE WITH REASONABLE SPECIFICITY THE NATURE OF THE
VIOLATION AND SPECIFY A TIME FOR COMPLIANCE AND ASSES A PENTLY, IF ANY,
WHICH THE ADMINISTRATOR DETERMINES IS RASONABLE TAKING INTOACCOUNT THE
SEROIUSNESS OF THE VIOLATION AND ANY GOOD FAITH EFFORTS TO COMPLY WITH
THE APPLICABLE REQUIREMENTS. PENALTY.
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"(D) CRMINAL PENALTY. -- ANY PERSON WHO KNOWINGLY
"(1) TRANSPORTS ANY HAZARDOUS WASTE IDENTIFIED OR LISTED
UNDER THIS SUBTITLE TOA FACILITY WHICHDOES NOT HAVE A
PERMIT UNDER SECTION 3005 (OR 3006 IN THE CASE OF A STATE
PROGRAM), OR PURSUANT TO TITLE I OF THE MARINE PROTECTION,
RESEARCH, AND SANCTUARIES ACT (86 STAT. 1052).
"(2) TREATS, STORES, OR DISPOSES OF ANY HAZRDOUS WASTE IDENTIFIED OR
LISTED UNDER THIS SUBTITLE WITHOUT HAVING OBTAINED A PERMIT UNDER
SECTION 3005 (OR 3006 IN THE CASE OF A STATE PROGRAM) OR PURSUANT TO
TITLE I OF THE MARINE PROTECTION, RESERACH, AND SANCTUARIES ACT (86
STAT. 1052).
"(3) MAKES ANY FALSE STATEMENT OR REPRESENTATION IN ANY APPLICATION,
LABEL, MANIFEST, RECORTD, REPORT, PERMIT OR OTHER DOCUMENT FIELD,
MAINTAINED, OR USED FOR PURPOSES OF COMPLIANCE WITH THIS SUBTITLE.
SHALL, UPON CONVICTION, BE SUBJECT TOA FINE OF NOTE MORE THAN $25,000
FOR EACH DAY OF VIOLATION, OR TO IMPRISONMENT NOT TO EXCEED ONE YEAR, OR
BOTH. IF THE CONVICTION IS FOR A VIOLATION COMMITTED AFTER A FIRST
CONVICTION OF SUCH PERSON UNDER THIS PARAGRAPH, PUNISHMENT SHALL BE BY A
FINE OF NOT MORE THAN $50,000 PER DAY OF VIOLATION, OR BY IMPRISONMENT
FOR NOT MOER THAN TWO YEARS, OR BOTH.
42 USC 6929. "SEC. 3009. UPON THE EFFECTIVE DATE OF REGULATIONS
UNDER THIS SUBTITLE NO STATE OR POLITICAL SUBDIVISION MAY IMPOSE ANY
REQUIREMENTS LESS STRINGENT THANTHOS AUTHORIZED UNDER THIS SUBTITLE
RESPECTING THE SAME MATTER AS GOVERNED BY SUCH REGULATIONS, EXCEPT, THAT
IF APPLICATION OF A REGULATION WITH RESPECT OT ANY MATTER UNDER THIS
SUBTITLE IS POSTPONED OR ENJOINED BY THE ACTIONOF ANY COURT, NO STATE OR
POLITICAL SUBDIVISION SHALL BE PROHIBITED FROM ACTING WITH RESPET TO THE
SAME ASPECT OF SUCH MATTER UNTIL SUCH TIME AS SUCH REGULATIONTAKES
EFFECT.
42 USC 6930. "SEC. 3010. (A) PERLIMINARY NOTIFICATION. NOT LATER
THAN NINETY DAYS AFTER PROMULGATION OR REVISION OF REGULATIONS UNDER
SECTION 3001 IDENTIFYING BY ITS CHARACTERISTICS OR LISTING ANY SUBSTANCE
AS HAZARDOUS WASTESUBJECT TO THIS SUBTITLE, ANY PERSONGENERATING OR
TRANSPORTING SUCH SUBSTANCE OR OWNING OR OPERATING AFACILITY FOR
TREATMENT, STORAGE, OR DISPOSAL OF SUCH SUBSTANCE SHALL FILE WITH THE
ADMINISTRAOTR (OR WITH STATES HAVING AUTHORIZED HAZARDOUS WASTE PEMIT
PROGRAMS UNDER SECTION 3006) A NOTIFICATION STATING THE LOCATION AND
GENERAL DESCRIPTION OF SUCYH ACTIVITY AND THE IDENTIFIED OR LISTED
HAZARDOUS WASTES HANDLED BY SUCH PERSON. NOT MORE THAN ONE SUCH
NOTIFICATION SHALL BE REQUIRED TO BE FILED WITH RESPECT TO THE SAME
SUBSTANCE. NO IDENTIFIED, OR LISTED HAZARDOUS WASTE SUBJECT TO THIS
SUBTITLE MAY BE TRANSPORTED, TREATED, STORED, OR DISPOSED OF UNLESS
NOTIFICATION HAS BEENGIVEN AS REQUIRED UNDER THIS SUBSECTION.
"(B) EFFECTIVE DATE OF REGULATION. -- THE REGULATINS UNDER THIS
SUBTITLE RESPECTING REQUIREMENTS APPLICABLE TO THE GENERATION,
TRANSPORTATION, TREATMENT,STORAGE, OR DISPOSAL OF HAZARDOUS WASTE
(INCLUDING REQUIREMENTS RESPECTING PERMITS FOR SUCH TREATMENT,STORAGE,
OR DISPOSAL) SHALL TAKE EFFECT ON THE DATE SIC MONTHS AFTER THE DATE OF
PROMULGATION THEREOF (OF SIX MONTHS AFTER THE DATE OF REVISION IN THE
CASE OF ANY REGULATIONWHICH IS REVISED AFTER THE DATE REQUIRED FOR
PRMULGATION THEREOF.).
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"SEC. 3011. () AUTHORIZATION. -- THERE IS AUTHORIZED TO APPROPRIATED
$25,000,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO BE USED TO
MAKE GRANTS TO THE STATE FOR PURPOSES OF ASSISTING THE STATES IN THE
DEVELOPMENT AND IMPLEMENTATION OF AUTHORIZED STATE HAZARDOUS WASTE
PROGRAMS. 42 USC 6931.
"(B) ALLOCATION. -- AMOUNTS AUTHORIZED TO BE APPROPRIATED UNDER
SUBSECTION (A) SHALL-E ALLOCATED AMONG THE STATES ON THE BASIS OF
REGULATIONS PROMULGATED BY THE AMINISTRATOR, AFTER CONSULTATION WITH THE
STATES, WHICH TAK EINTO ACOCUNT,THEXTENT TO WHICH HAZARDOUS WASTEIS
GENERATED, TRANSPORTED, TREATED, STORED, AND DISPOSED OF WITHINSUCH
STATE THE EXTENT OF EXPOSURE HUMAN BEI-NGS AND THE ENVIRONMENT WITHIN
SUCH STATE TO SUCH WASTE, AND SUCH OTHER FACTORS AS THE ADMINISTRATOR
DEEMS APPROPRIATE.
"SEC. 4001. THE OBJECTIVES OF THIS SUBTITLE ARE TO ASSIST IN
DEVLEOPING AND ENCOURAGIN METHODS FOR THE DISPOSAL OF SOLID WASTE WHICH
ARE ENVIRONMENTALLY SOUND AND WHICHMAXIMIZE THE UTILIZATION OF VALUABLE
RSOURCES AND TO ENCOURAGE RESOURCE CONSERVATION. SUCH OBJECTIVES ARE TO
BE ACCOMPLISHED THROUGH FEDERAL TECHNICAL AND FINANCIAL ASSISTANCE TO
STATES OR REGIONAL AUTHORITIES FOR COMPERHENSIVE PLANNING PURSUANT TO
FEDERAL GUIDELINES DESIGNED TO FOSTER COOPERATION AMONG FEDERAL, STATE,
AND LOCAL GOVERNMENTS AND PRIVATE INDUSTRY 42 USC 6941.
"SEC. 4002. (A) GUIDELINES FOR IDENTIFICATION OF REGIONS. -- FOR
PURPOSES OF ENCOURAGINGAND FACILITITATING THE DEVLEOPMENT OF
REGIONALPLANNING FOR SOLID WASTE MANGEMENT THE ADMINISTRAOTR, WITHIN ONE
HUNDRED AND EIGHTY DAYS AFTER THE DATE OF ENACTMENT OF THIS SECTION AND
AFTER CONSULTATION WITH APPRORPIATE FEDERAL, STATE, AND LOCAL
AUTHORITIES, SHALL BY REGULATION PUBLISH GUIDELINES FOR THE
IDENTIFICATION OF THOSE AREAS WHICH HAVE COMMON SOLID WASTE MANAGEMENT
PROBLEMS AND ARE A-PROPRAITE UNITS FOR PLANNING REGIONALSOLID WASTE
MANAGEMENT SERVICES. SUCH GUIDELINES SHALL CONSIDER
"(1) THE SIZE AND LOATION OF AREAS WHICH SHOULD BE INCLUDED, AND
"(2) THE VOLUME OF SOLID WASTE WHICH SHOULD BE INCLUED, AND
"(3) THE AVAILABLE MEANS OF COORDINATING REGIONAL PLANNING WITH OTHER
RELATED REGIONALPLANNING AND FOR COORDINATION OF SUCH REGIONAL PLANNING
INTO THE STATE PLAN.
"(B) GUIDELINES FOR STATE PLANS. -- NOT LATER THAN EIGHTEEN MONTHS
AFTER THE DATE OF ENACTMENT OF THIS SECTION AND AFTERNOTICE AND HEARING,
THE ADMINISTRATOR SHALL, AFTER CONSULTATION WITH APPRORPIATE FEDERAL,
STATE, AND LOCAL AUTHORITIES, PROMULGATE REGULATIONS CONTAINING
GUIDELINESTO ASSIST IN THE DEVELOPMENTAND IMPLEMENTATION OF STATE SOLID
WASTE MANAGEMENT PLANS (HEREINAFTER IN THIS TITLE REFERREE TO AS 'STATE
PLANS' ). THE GUIDLIENS SHALL CONTAIN METHODS FOR ACHIEVING THE
OBJECTIVES SPECIFIED IN SECTION 400I. SUCH GUIDELINES SHALL BE REVIEWED
FROM TIME TO TIME, BUT NOT LESS FREQUENTLY THAN EVERY THREE YEARS, AND
REVISED AS MAY BE APPROPRIATE. REGULATIONS. REVIEW.
"(C) CONSIDERATIONS FOR STATE PLAN GUIDELINES. -- THE GUIDELINES
PROMULGATED UNDER SUBSECTION (B) SHALL CONSIDER
"(1) THE VARYING REGIONAL, GEOLOGIC, HYDROLOGIC, CLIMATIC, AND OTHER
CIRCUMSTANCES UNDER WHICH DIFFERENTSOLID WASTE PRACTICES ARE REQUIRD IN
ORDER TO INSURE THE REASONABLE PROTECTION OF THE QUALITY OF THE GROUND
AND SURFACE WATERS FROM LEACHATE CONTAMINATION, THE REASONABLE
PROTECTION OF THE QUALITY OF THE SURFACE WATERS FROM SURFACE RUNO-F
CONTAMINATION, AND THE REASONABLE PROTECTION OF AMBIENT AIR QUALITY.
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"(2) CHARACTERISTICS AND CONDITIONS OF COLLECTIN, STORAGE,
PROCESSING,AND DISPOSAL OPERATING METHJODS, TECHNIQUES AND PRACTICES,
AND LOATION OF FACILITIES WHERE SUCH OPERATING METHODS, TECHNIQUES,AND
PRACTICES ARE CONDUCTED, TAKING INTO ACCOUNT THE NATURE OF THE MATERIAL
TO BE DISPOSED;
"(3)" METHODS FOR CLOSING OR UPGRADING UPON DUMPS FOR PURPOSES OF
ELIMINATING POTENTIAL HEALTH HAZRDS;
"(4) POPULATION DENSITY, DISTRIBUTION,AND PROJECTED GROWTH;
"(5) GEOGRAPHIC, GEOLOGIC, CLIMATIC, AND HYDROLOGIC CHARACTERISTICS.
"(6) THETYPE AND LOCATION OF TRANSPORTATION;
"(7) THE PROFILE OF INDUSTRIES;
"(8) THE CONSTITUENTS AND GENRATION RATES OF WASTE;
"(9) THEPOLITICAL, ECONOMIC, ORGANIZATIONAL, FINANCIAL, AND
MANAGEMENT PROBLEMS AFFETING COMPREHENSIVE SOLID WASTE MANAGEMENT;
"(10) TYPES OF RESOURCES RECOVERY FACILITIES AND RESOURCE
CONSERVATION SYTEMS WHICH ARE APPROPRIATE; AND
"(11) AVAILABLE NEW AND ADDITIONALMARKETS FOR RECOVERED MATERIAL.
42 USC 6943. "SEC. 4003. IN ORDER TO BE APPROVED UNDER SECTION 4007,
EACH STATE PLAN MUST COMPLY WITH THE FOLLOWING MINIMUM REQUIREMENTS
"(1) THE PLANSHALL IDENTIFY (INACCORDANCE WITH SECTION 4006(B)) (A)
THE RESPONSBILITIES OF STATE, LOCAL, AND REGIONAL AUTHORITIES INT HE
IMPLEMENTATION OF THE STATE PLAN, (B) THE DISTRIBUTION OF FEDERAL FUNDS
TO THE AUTHORITIES RESPONSIBLE FOR DEVELOPMENT AND IMPLEMENTATION OF THE
STATE PLANS,AND (C) THE MEANS FOR COORDINATING REGIONAL PLANNING AND
IMPLEMENTATION UNDER THE STATE PLAN.
"(2) THE PLAN SHALL, IN ACCORDANCE WITH SECTION 4005(C), PROHIBIT THE
ESTABLISHMENT OF NEW OPEN DUMPS WITHIN THE STATE, AND CONTAIN
REQUIREMENTS THAT ALL SOLID WASTE (INCLUDING SOLID WASTEORIGINATING IN
OTHER STATES, BUT NOT INCLUDING HAZARDOUS WASTE) SHALL BE (A) UTILIZED
FOR RESOURCE RECOVERY OR (B) DISPOSED OF IN SANITARY LANDFILLS (WITHIN
THE MEANING OF SECTION 4001(A) OR OTHERWISE DISPOSED OR IN AN
ENVIRONMENTALLY SOUND MANNER.
"(3) THE PLANSHALL PROVIDE FOR THE CLSOING OR UPGRADING OF ALL
EXISTINGOPEN DUMPS WITHIN THE STATE PURSUANT TO THE REQUIREMENTS OF
SECTION 4005.
"(4) THE PLANSHALL PROVIDE FOR THE ESTABLISHMENT OF SUCH STATE
REGULATORY POWERS AS MAY B E NECESSARY TO IMPLEMENT THE PLAN.
"(5) THEPLANSHALL PROVIDE THAT NO LOCAL GOVERNMENTWITHIN THE STATE
SHALL BE PROHIBITED UNDER STATE OR LOCAL LAW FROM ENTERING INTO
LONG-TERM CONTRACTS FOR THE SUPPLY OF SOLID WASTE TO RESOURCE REVOERY
FACILITIES.
RESOURCE CONSERVATION AND DISPOSAL OF SOLID WASTE. "(6) THE PLANSHALL
PROVIDE FOR SUCH RESOURCE CONSERVATION OR RECOVERY AND FOR THE DISPOSAL
OF SOLID WASTE IN SANITARY LANDFILL OR ANY COMBINATION OF PRACTICES SO
AS MAY BE NECESSARY TO USE OR DISPOSE OF SUCH WASTE IN A MANNER THAT IS
ENVIRONMENALLY SOUND.
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"SEC. 4004. (A) CRITERIA FOR SANITARY LANDFILLS. -- NOT LATER THAN
ONE YEAR AFTER THE DATE OF ENACTMENT OF THIS SECTION, AFTER CONSULTATION
WITH THE STATES, AND AFTERNOTICE AND PUBLIC HEARINGS THE ADMINISTRATION
SHALL PROMULGATE REGULATIONS CONTAINING CRITERIA FOR DETERMINING WHICH
FACILITIES SHALL BE CLASSIFIED AS SANITARY LANDFILLS AND WHICH SHALL BE
CLASSIFIED AS OPENDUMPS WITHIN THE MEANING OF THIS ACT. AT A MINIMUM,
SUCH CRITERIA SHALL PROVIDE THAT A FACILITY MAY BE CLASSIFIED AS A
SANITARY LANDFILL AND NOT AN OPEN DUMP ONLY IF THERE IS NOREASONABLE
PROBABILITY OFADVERSE EFFECTS ON HEALTH OR THE ENVIRONMENT FROM DISPOSAL
OF SOLID WASTE AT SUCH FACILITY. SUCH REGULATIONS MAY PROVIDE FOR THE
CLASSIFICATION OF THE TYPES OFSANITARY LANDFILLS. REGULATIONS 42 USC
6944.
"(B) DISPOSAL REQUIRED TO BE IN SANITARY LANDFILLS. ETC. -- FOR
PURPOSES OF COMPLYING WITH SECTIN 4003 (2) EACH STATE PLAN SHALL
PROHIBIT THE ESTABLISHMENT OF OPEN DUMPS AND CONTAIN A REQUIREMENT THAT
DISPOSAL OF ALL SOLID WASTEWITHIN THE STATE SHALL BE IN COMPLIANCE
WITHSUCH SECTION 4003(2).
"(C) EFFECTIVE DATE. -- THE PROHIBITION CONTAINED IN SUBSECTION (B)
SHALL TAKE EFFECT ON THE DATE SIX MONTHS AFTER THE DATE OF
PROMULGATOINOF REGULATIONS UNDER SUBSECTION (A) OR ONTHE DATE OF
APPROVAL OF THE STATE PLAN,WHICHEVER IS LATER.
"SEC. 4005. (A) OPENDUMPS. -- FOR PURPOSES OF THIS ACT, THE TERMS
'OPENDUMP' MEANS ANY FACILITY OR SITE WHERE SOLID WASTE ID DISPOSED OF
WHICH IS NOT A SANITARY LANDFILL WHICH MEETS THE CRITERIA PROMULGATED
UNDER SECTION 4004 AND WHICH IS NOT A FACILITY FOR DISPOSAL OF HAZARDOUS
WASTE. "OPEN DUMP" 42USC 6945.
"(B) INVENTORY. - NOT LATER THAN ONEYEAR AFTER PROMULGATION OF
REGULATIONSUNDER SECTION 4004, THE ADMINISTRATOR, WITH THE COOPERATION
OF THEBUREAU OF THE CENSUS SHALL PUBLISH AN INVENTORY OF ALL DISPOSAL
FACILITIES OR SITES INTHE UNITED STATES WHICH ARE OPEN DUMPS WITHIN THE
MEANING OF THIS ACT. PUBLICATION.
"(C) CLOSING OR UPGRADING OF EXISTING OPENDUMPS. -- ANY SOLID
WASTEMANAGEMENT PRACTICE OR DISPOSAL OF SOLID WASTEOR HAZARDOUS
WASTEWHICH CONSTITUTES THE OPEN DUMPING OF SOLID WASTE OR HAZARDOUS
WASTE WHICH CONSTITUTES THE OPENDUMPING OF SOLID WASTE ORHAZARDOUS WASTE
IS PROHIBITED, EXCPET IN THE CASE OF ANY PRACICE OR DISPOSAL OF SOLID
WASTE UNDER A TIMETABLE OR SCHEDULE FOR COMPLIANCE ESTABLISHED UNDER
THIS SECTION. FOR PURPOSES OF COMPLYING WITH SECTION 4003(2), EACH
STATE PLAN SHALL CONTAIN A REQUIREMENT THAT ALL EXISTING DISPOSAL
FACILITEIS OR SITES FOR SOLID WASTE IN SUCH STATE WHICH ARE OPENDUMPS
LISTED IN THE INVENTORY UNDER SEBSECTION (B) SHALL COMPLY WITH SUCH
MEASURES AS MAY BE PROMULGATD BY THEADMINISTRATOR TO ELIMINATE HEALTH
HAZARDS AND MINIMIZE POTENTIAL HEALTH HAZARDS. EACH SUCH PLANSHALL
ESTABLISH, FOR ANY ENTITY WHICH DEMONSTRATES THAT IT HAS CONSIDERED
OTHER PUBLIC OR PRIVATE ALTERNATIVES FORSOLID WASTE MANAGEMENT TO COMPLY
WITH THE PROHIBITION ON OPEN DUMPING AND IS UNABLE TO UTILIZE SUCH
ALTERNATIVES TO SO COMPLY, A TIMETABLE OR SCHEDULE FOR COMPLIANCE
FORSUCH PRACTICE OR DISPOSAL OF SOLID WASTE WHICH SPECIFIES A SCHEDULE
OR REMEDIAL MEASURES, INCLUDING AN ENFORCEABLE SEQUENCE OF ACTIONS OR
OPERATIONS, LEADING TO COMPLIANCE WITH THE PROHIBITION ON OPEN DUMPING
OF SOLID WASTE WITHIN A REASONABLE TIME (NOT TO EXCEED 5 YEARS FROM THE
DATE OF PUBLICATIONOF THE INVENTORY UNDER SUBSECTION (B)). SCHEDULE OF
REMEDIAL MEASURES.
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OFSTATEPLAN
REGULATIONS 42 USC 6946. "SEC. 4006. (A) IDENTIFICATION OF REGIONS.
-- WITHINONE HUNDRED AND EIGHTY DAYS AFTER PBULICATION OF GUIDELINES
UNDER SECTION 4002(A) (RELATING TO IDENTIFICATION) OF REGIONA), THE
GOVERNOR OR EACH STATE, AFTER CONSULTATION WITH LOCAL ELECTEDOFFICIALS,
SHALL PROMULGATE REGULATIONS BASED ONSUCH GUIDELINES IDENTIFYING THE
BOUNDARIES OF EACH AREA WITHINTHE STATE WHICH, AS A RESULT OF URBAN
CONCENTRATIONS, GEOGRAPHIC CONDITIONS, MARKETS, AND OTHER FACTORS, IS
APPROPRIATE FOR CARRYING OUT REGIONALSOLID WASTE MANAGEMENT. SUCH
REGULATIONS MAY BE MODIFIED FROM TIME TO TIME (IDENTIFYING ADDITIONAL OR
DIFFERENT REGIONS) PURSUANT TO SUCH GUIDELINES.
STATE PLAN. "(B) IDENTIFICATION OF STATE AND LOCAL AGENCIES AND
RESPONSIBILITIES. -- (1) WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER THE
GOVERNOR PROMULGATES REGULATIONS UNDER SUBSECTION (A), FOR PURPOSES OF
FACILITATING THE DEVELOPMENT AND IMPLEMENTATION OF A STATE PLAN WHICH
WILL MEETTHE MINIMUM REQUIREMENTS OF SECTION 4003, THE STATE, TOGETHER
WITH APPROPRIATE ELECTED OFFICIALS OF GENERAL PURPOSES UNITS OF LOCAL
GOVERNMENT, SHALL JOINTLY (A) IDENTIFY AN AGNECY TO DEVELOP THE STATE
PLANAND IDENTIFY ONE OR MORE AGENCIES TO IMPLEMENT SUCH PLAN, AND
MULTI-FUNCTIONAL REGIONAL AGENCY. (B) IDENTIFY WHICH SOLID WASTE
FUNCTIONS WILL, UNDER SUCH STATE PLAN, BE PLANNED FOR AND CARRIED OUT BY
THE STATE AND WHICH SUCH FUNCTIONS WILL, UNDER SUCH STATE PLAN, BE
PLANNED FOR AND CARRIED OUT BY A REGIONALOR LOCAL AUTHORITY OR A
COMBINATION OF REGIONAL ORLOCAL AND STATE AUTHORITIES. IF A
MULTI-FUNCTIONAL REGIONAL AGENCY AUTHORIZED BY STATE LAW TO CONDUCT
SOLID WASTEPLANNING AND MANAGEMENT (THE MEMBERS OF WHICH ARE APPOINTED
BY THE GOVERNOR) IS INEXISTENCE ON THE DATE OF ENACTMENT OF THIS ACT,
THE GOVERNOR SHALL IDENTIFY SUCH AUTHORITY FOR PURPOSES OF CARRYING OUT
WIHTIN SUCH REGION CLAUSE (A) OF THIS PARAGRAPH. WHERE FEASIBLE,
DESIGNATION OF THE AGENCY FOR THE AFFECTED AREA DESIGNATED UNDER SECTION
208 OF OF THE FEDERAL WATER POLLUTION CONTROL ACT (86 STAT. 839) SHALL
BE CONSIDERED. A STATE AGENCY IDENTIFIED UNDER THIS PARAGRAPH SHALL BE
ESTABLISHED OR DESIGNATED BY THE GOVERNOR OF SUCH STATE. LOCAL OR
REGIONALAGENCIES IDENTIFIED UNDER THIS PARAGRAPH SHALL BE COMPOSED OF
INDIVIDUALS AT LEAST A MAJORITY OF WHOM ARE ELECTED LOCAL OFFICIALS.
"(2) IF PLANNING AND IMPLEMENTATION AGENCIES ARENOT IDENTIFIED AND
DESIGNATED OR ESTABLISHED AS REUQIRED UNDER PARAGRAPH (1) FOR ANY
AFFECTED ARE, THE GOVERNOR SHALL,BEFORE THE DATE TWO HUNDRED AND SEVENTY
DAYS AFTER PROMULGATION OF REGULATIONS UNDER SUBSECTION (A), ESTABLISH
OR DESIGNATE A STATE AGENCY TO DEVELOP AND IMPLEMENT THE STATE PLAN FOR
SUCH AREA.
"(C) INTERSTATE REGIONS. -- (1) IN THE CASE OF ANY REGION
WHICH,PURSUANT TO THE GUIDELINES PUBLISHED BY THE ADMINISTRATOR UNDER
SECTION 4002(A) (RELATING TO IDENTIFICATION OF REGIONS), WOULD BE
LOCATED IN TWO OR MORE STATES, THE GOVERNORS OF THE RESPECTIVE STATES,
AFTER CONSULTATION WITH LOCAL ELECTED OFFICIALS, SHALL CONSULT,
COOPERATE, ANDENTER INTO AGREEMNTS IDENTIFYING TH E BOUNDARIES OF SUCH
REGION PURSUANT TO SUBSECTION (A).
"(2) IWTHIN ONE HUNDRED AND EIGHTY DAYS AFTER AN INTERSTATE REGION
IDENTIFIED BY AGREEMENT UNDER PARAGRAPH (1), APPROPRIATE ELECTED
OFFICIALS OF GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT WITHIN SUCH
REGIONSHALL JOINTLY ESTABLISH ORDESIGNATE AN AGENCY TO DEVELOP A
PLANFORSUCH REGION. IF NO SUCH AGENCY IS ESTABLISHED OR DESIGNATED
WITHINSUCH PERIOD BY SUCH OFFICIALS, THE GOVERNORS OF THE RESPECTIVE
STATES MAY, BY AGREEMENT, ESTABLISH OR DESIGNATE FOR SUCH PURPOSE A
SINGLE REPRESENTATIVE ORGANIZATION INCLUDING ELECTED OFFICIALS OF
GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT WITHIN SUCH REGION.
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"(3) IMPLEMENTATION OF INTERSTATE REGIONALSOLID WASTE MANAGEMENT
PLANS SHALL BE CONDUCTED BY UNITS OF LOCAL GOVERNMENT FOR ANY PORTION OR
A REGION WITHIN THEIR JURISDICTIN, OR BY MULTIJURISDICTIONAL AGENCIES OR
AUTHORITIES DESIGNATED IN ACCORDANCE WITH STATE LAW, INCLUDING THOSE
DESIGNATED BY AGREEMENT BY SUCH UNITS OF LOCAL GOVERNMENT FOR SUCH
PURPOSE. IF NO SUCH UNIT, AGENCY, OR AUTHORITY IS SO DESIGNATED, THE
RESPECTIVE GOVERNORS SHALL DESIGNATE OR ESTABLISH A SINGLE INTERSTATE
AGENCY TO IMPLEMENT SUCH PLAN. REGIONAL SOLID WASTE MANAGEMENT PLANS.
"(4) FOR PURPOSES OF THIS SUBTITLE, SO MUCH OF AN INTERSTATE REGIONAL
PLAN AS IS CARRIED OUT WITHIN A PARTICULAR STATE SHALL BE DEEMED PART OF
THE STATE PLANFOR SUCH STATE.
SEC. 4007. (A) PLANAPPROVAL. -- THE ADMINISTRATORSHALL WITHINSIX
MONTHS AFTER A STATE PLAN HAS BEENSUBMITTED FOR APPROVAL APPROVE OR
DISAPPROVE THE PLAN. THE ADMINISTRATOR SHALL APPROVE A PLANIF HE
DETERMINES THAT -- 42 USC 6947.
"(1) IT MEETS THE REQUIREMENTS OF PARAGRAPH S (1), (2), (3), AND (5)
OF SECTION 4003; AND
"(2) IT CONTAINS PROVISIONFOR REVISION OF SUCH PLAN,AFTER NOTICE AND
PUBLIC HEARING, WHENEVER THE ADMINISTRATOR, BY REGULATION, DETERMINES.
"(A) THAT REVISED REGULATIONS RESPECTING MINIMUM REQUIREMENTS HAVE
BEEN PROMULGATED UNDER PARAGRAPH S (1), (2), (3), AND (5) OF SECTION
4003 WITH WHICH THE STATE PLAN IS NOT IN COMPLIANCE.
"(B) THAT INFORMATION HAS BECOME AVAILABLE WHICH DEMONSTRATES THE
INADEQUACY OF THEPLAN TO EFFECTUATE THE PURPOSES OF THIS SUBTITLE; OR
"(C) THAT SUCH REVISION IS OTHERWISE NECESSARY.
THE ADMINISTRATOR SHALL REVIEW APPROVED PLANS FROM TIME TO TIMEAND IF
HE DETERMINES THAT REVISION OR CORRECTIONS ARE NECESSARY TO BRING SUCH
PLAN INTO COMPLANCE WITH THE MINIMUM REQUIREMENTS PROMULGATED UNDER
SECTION4003 (INCLUDING NEW ORREVISED REQUIREMENTS) HE SHALL, AFTER
NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, WITHDRAW HIS APPROVAL OF SUCH
PLAN. SUCH WITHDRAWAL OFAPPROVAL SHALL CEASE TO BE EFFECTIVE UPON THE
ADMINISTRATOR'S DETERMINATION THAT SUCH COMPLIES WITH SUCH MINIMUM
REQUIREMENTS. REVIEW WITHDRAWAL OF APPROVAL.
"(B) ELIGIBLITY OF STATES FOR FEDERAL FINANCIAL ASSISTANCE. (1) THE
ADMINISTRATOR SHALL APPROVE A STATE APPLICATIONFOR FINANCIAL ASSISTANCE
UNDER THIS SUBTITLE, AND MAKE GRANTS TO SUCH STATE HAVE COMPLIED WITH
THE REQUIREMENTS OF SECTION4006 WITHIN THE PERIOD REQUIRED UNDER SUCH
SECTION AND IF SUCH STATE HAS A STATE PLANWHICH HAS BEEN APPROVED BY THE
ADMINISTRATOR UNDER THIS SUBTITLE.
"(2) THE ADMINISTRATOR SHALL APPROVE A STATE APPLICATIONFOR FINANCIAL
ASSISTANCE UNDER THIS SUBTITLE, AND MAKE GRANTS TO SUCH STATE, FOR
FISCAL YEARS 1978 AND 1979 IF THE ADMINISTRATOR DETERMINES THAT THE
STATE PLAN CONTINUES TO -E ELIGIBLE FOR APPROVAL UNDER SUBSECTION (A)
AND IS BEING IMPLEMENTED BY THESTATE.
WITHHOLDING OFFINANCIAL AND TECHNICAL ASSISTANCE. "(3) UPON
WITHDRAWAL OF APPROVAL OF A STATE PLAN UNDER SUBSECTION (A), THE
ADMINISTRATORSHALL WITHHOLD FEDERAL FINANCIAL AND TECHNICAL ASSISANCE
-NDER THIS SUBTITLE (OTHER THAN SUCH TECHNICAL ASSISTANCE AS MAY BE
NECESSARY TO ASSIST IN OBTAINING THE REINSTATEMENT OFAPPROVAL) UNTIL
SUCH TIME AS SUCH APPROVAL IS REINSTATED.
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"(C) EXISTING ACTIVITIES. -- NOTHING IN THIS SUBTITLE SHALL BE
CONSTRUED TO PREVENT OR AFFECT ANY ACTIVITIES RESPECTINGSOLID WASTE
PLANNINGOR MANAGMENT WHICH ARE CARRIED OUT BY STATE, REGIONAL, ORLOCAL
AUTHORITIES UNLESS SUCH ACTIVITIES ARE INCONSISTENT WITHA STATE
PLANAPPROVED BY THE ADMINISTRATOR UNDER THIS SUBTITLE.
42USC 6948 "SEC. 4008. (A) AUTHORIZATION OF FEDERAL ASSISTANCE. --
(1) THERE AREAUTHORIZED TO BE APPROPRIATED $30,000,000 FOR FISCAL YEAR
1978 AND $40,000,000 FOR FISCAL YEAR 1979 FOR PURPOSES OFMAKINGGRANTS TO
THE STATES FOR THE DEVELOPMENT AND IMPLEMENTATIONOF STATE PLANS UNDER
THIS SUBTITLE.
"(2) (A) THE ADMINISTRATOR IS AUTHORIZED TO PROVIDE FINANCIAL
ASSISTANCE TOSTATES, COUNTIES, MUNICIPALITIES, AND INTERMUNICIAPL
AGENCIES ANDSTATE ANDLOCAL PUBLIC SOLID WASTE MANAGEMENT AUTHORITIES FOR
IMPLEMENTATION OF PROGRAMS TO PROVIDE SOLID WASTE MANAGEMENT,RESOURCE
RECOVERY, AND RESOURCE CONSERVATION SERVICES ANDHAZARDOUS WASTE
MANAGMENT. SUCH ASSISTANCE SHALL INCLUDE ASSISTANCE FOR FACILITY
PLANNING AND FEASIBILIGY STUDIES; EXPERT CONSULTATION; SURVEYS AND
ANALYSIS OF MARKET NEEDS; MARKETING OF RECOVERED RESOURCES; TECHNOLOGY
ASSESSMENTS; LEGAL EXPENSE; CONSTRUCTION FEASIBILITY STUDIES SOURCE
SPEARATIONPROJECTS; ANDFISCAL OR ECONOMIC INVESTIGATIONSOR STUDIES;
BUT SUCH ASSISTANCE SHALL NOTINCLUE ANY OTHER ELEMENT OF CONSTRUCTION,
OR ANY ACQUISITIONOF LAND OR INTEREST INLAND, OR ANY SUBSIDY FOR THE
PRICE OF RECOVERED RESORUCES. AGENCIES ASSISTED UNDER THIS SUBSECTION
SHALL CONSIDER EXISTINGSOLID WASTE MANAGMENT AND HAZARDOUS WASTE
MANAGEMENT SERVICES ANDFACILITIES AS WELL AS FACILITIES PROPOSED FOR
CONSTRUCTION.
COMPLIANCE WITH PROJECT OR PROGRAM. ANTE, P. 2803. "(B) AN APPLICANT
FOR FINANCIAL ASSISTANCE UNDER THIS PARAGRAPH MUST AGREE TO COMPLY WITH
RESPECT TO THE PROJECT OR PROGRAM ASSISTED WITH THE APPLICABLE
REQUIREMENTS OF SECTION 4005 AND SUBTITLE C OF THIS ACT AND APPLY
APPLICABLE SOLID WASTE MANAGEMENT PRACTICES, METHODS, AND LEVELS OF
CONTROL CONSISTENT WITH ANY GUIDELIENS PUBLISHED PURSUANT TO SECTION
1008 OF THIS ACT. ASSISTANCE UNDER THIS PARAGRAPH SHALL BE AVAILBLE
ONLY FOR PROGRAMS CERTIFIED BY THE STATE TO BE COMSISTENT WITH ANY
APPLICABLE STATE OR AREAWIDE SOLID WASTE MANAGEMENTPLAN OF PROGRAM.
APPROPRIATION AUTHORIZATIONS. "(C) THERE ARE AUTHORIZED TO BE
APPRORPIATED $15,000,000 FOR EACH OF THE FISCAL YERAS 1978 AND 1979 FOR
PURPOSES OF THIS SECTION.
"(B) STATE ALLOTMENT. -- THE SUMS APPRORPIATED IN ANY FISCAL YEAR
UNDER SUBSECTION (A)(1) SHALL BE ALLOTED BY THE ADMINISTRATOR AMONG ALL
STATES, IN THE RATIO THAT THE POPULATION INEACH STATE BEARS TO THE
POPULATION IN ALL OF THE STATES, EXCEPT THAT NO STATE SHALL RECEIVE LESS
THAN ONE-HALF OF 1 PER CENTUM OF THE SUMS SO AS ALLOTED IN ANY FISCAL
YEAR. NO STATE SHALL RECEIVE ANY GRANT UNDER THIS SECTIONDURING ANY
FISCAL YEAR WHEN ITS EXPENDITURES OFNON-FEDERAL FUNDS FOR OTHER THAN
NON-RECURRENT EXPENDITURES FOR SOLID WASTE MANAGEMENT CONTROL PROGRAMS
WILL BE LESS THAN ITS EXPENDI-URES WERE FOR SUCH PROGRAMS DURING FISCAL
YEAR 1975, EXCEPT THAT SUCH FUNDS MAY BE REDUCED BY AN AMOUNT EQUAL TO
THEIR PROPORTIONATE SHARE OF ANY GENERAL REDUCTION OF STATE SPENDING
ORDERED BY THE GOVERNOR OR LEGISLATURE OF SUCHSTATENO STATE SHALL
RECIEVE ANY GRANT FOR ANY SOLID WASTEMANAGEMENT PROGRAMS UNLESS THE
ADMINISTRATOR IS SATISFIED THATSUCH GRANT WILL BESO USED AS TO
SUPPLEMENTAND, TO THEEXTENT PRACTICABLE, INCRASE THE LEVEL OF STATE,
LOCAL, REGIONAL, OR OTHER NON-FEDERAL FUNDS THAT WOULD IN THE ABSENCE OF
SUCH GRANT BE MADE AVAILABLE FOR THE MAINTENANCE OF SUCH PROGRAMS.
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"(C) DISTRIBUTION OF FEDERAL FINANCIAL ASSISTANCE WITHIN THE STATE.
-- THE FEDERAL ASSISTANCE ALLOTTED TO THE STATES UNDER SUBSECTION (B)
SHALL BE ALLOCATED BY THE STATE RECIEVING SUCH FUNDS TO STATE, LOCAL,
REGIONAL, AND INTERSTATE AUTHORITIES CARRYING OUT PLANNING AND
IMPLEMENTATION OF THE STATE PLAN.SUCH ALLOCATION SHALL BE BASED UPON THE
RESPONSIBILITIES OF THE RESPECTIVE PARTIES AS DETERMINED PURSUANT TO
SECTION 4006(B).
"(D) TECHNICAL ASSISTANCE. -- THE ADMINISTRATOR MAY PROVIDE TECHNICAL
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS FOR PURPOSES OF DEVELO-ING AND
IMPLEMENTING SATATE PLANS. TECHNICAL ASSISTANCE RESPECTING RESOUFCE
RECOVERY AND CONSERVATION MAY BE PROVIDED THROUGH RESOURCE RECOVERY AND
CONSERVATION PANELS, ESTABLISHED IN THE ENVIRONMENTAL PROTECTION
AGENCYUNDER SUBTITLE B, TO ASSIST THE STATE NAD LOCAL GOVERNMENTS WITH
RESPECT TO PARTICULAR RESOURCE RECOVERY AND CONSERVATION PROJECTS UNDER
CONSIDERATION AND TO EVALUATE THEIR EFFECT ON THE STATE PLAN. ANTE. P.
2804.
"(E) SPECIAL COMMUNITIES. -- (1) THE ADMINISTRATOR, IN COOPERATION
WITH STATE AND LOCAL OFFICIALS, SHALL IDENTIFY COMMUNITIES WITHIN THE
UNITED STATES (A) HAVING A POPULATION OF LESS THAN TWENTY-FIVE THOUSAND
PEFSONS, (B) HAVING SOLID WASTE DISPOSAL FACILITIES IN WHICH MORE THAN
75 PER CENTUM OF THE SOLID WASTE DISPOSAL OF IS FROM AREAS OUTSIDE THE
JURISDICTION OF THE COMMUNITIES, AND (C) WHICH HAVE SERIOUS
ENVIRONMENTAL PROBLEMS RESULTING FROM THE DISPOSAL OF SUCH SOLID WASTE.
("(2) THERE IA AUTHORIZED TO BE APPRORPIATED TO THE ADMINISTRATOR
$2,500,000 FOR EACH OF THEFISCAL YEARS 1978 AND 1979 TO MAKE GRANTS TO
BE USED FOR THECONVERSION, IMPROVEMENT, OR CONSOLIDATION OF EXISTING
SOLID WASTE DISPOSAL FACILITIES, OR FOR THECONSTRUCTION OF NEW SOLID
WASTE DISPOSAL FACILITIES, OR FOR BOTH, WITHIN COMMUNITIES IDNETIFIED
UNDER PARAGRAPH (1).NOT MORE THAN ONE COMMUNITY IN ANY STATE SHALL BE
ELIGIBLE FOR GRANTS UNDER THIS PARAGRAPH AND NOT MOFE THAN ONE PROJECT
IN ANY STATE SHALL BE ELIGIBLE FOR SUCH GRANTS. APPRORPIATION
AUTHORIZATION.
"(3) GRANTS UNDER THIS SUBSECTION SHALL PE MADE ONLY TO PROJECTS
WHICH THE ADMINISTRATOR DETERMINES WILL BE CONSISTENT WITH AN APPLICABLE
STATE PLAN APPROVED UNDER THIS SUBTITLE AND WHICH WILL ASSIST IN
CARRYING OUT SUCH PLAN.
"SEC. 4009. (A) IN GENERAL. -- THE ADMINISTRATOR SHALL MAKE GRANTS TO
STATES TO PROVIDE ASSISTANCE TO MUNICIPALITIES WITH A POPULATION OF FIVE
THOUSAND OR LESS, OR COUNTIES WITH A POPULATION OF TEN THOUSAND OR LESS
OR LESS THAN TWENTY PEFSONS PERSQUARE MILE AND NOT WITHIN A METROPOLITAN
AREA, FOR SOLID WASTE MANAGEMENT FACILITIES (INCLUDING EQUIPMENT)
NECESSARY TO MEET THE REQUIREMENTS OF SECTION 4005 OF THIS ACT OR
RESTRICTIONS ON OPEN BURNING OR OTHER REQUIREMENTS ARISING UNDER THE
CLEAN AIR ACT OR THE FEDERAL WATER POLLUTION CONTROL ACT. SUCH
ASSISTANCE SHALL ONLY BE AVAILABLE -- 42 USC 6949 42 USC 1857 NOTE.
"(1) TO ANY MUNICIPALITY OR COUNTY WHICH COULD NOT FEASIBLY BE
INCLUDED IN A SOLID WASTE MANAGEMENT SYSTEM OR FACILITY SERVING AN
URBANIZED, MULTIJURISDICTIONAL AREA BECAUSE OF THIS DISTANCE FROM SUCH
SYSTEMS.
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"(2) WHERE EXISTING OR PLANNED SOLID WASTE MANAGEMENT SERVICES OR
FACILITES ARE UNAVAILABLE OR INSUFFICIENT TO COMPLY WITH THE
REQUIREMENTS OF SECTION 4005 OF THIS ACT; AND
"(3) FOR SYSTEMS WHICH ARE CERTIFIED BY THE STATE TO BE CONSISTENT
WITH ANY PLANS OR PROGRAMS ESTABLISHED UNDER ANY STATE OR AREAWIDE
PLANNING PROCESS.
"(B) ALLOTMENT. -- THE ADMINISTRATOR SHALL AL-OT THE SUMS
APPRORPIATED TO CARRY OUT THIS SECTION IN ANY FISCAL YEAR AMONG THE
STATES IN ACCORDANCE WITH REGULATIONS PROMULGATED BYHIM ON THE BASIS OF
THE AVERAGE OF THE RATIO WHICH THE POPULATION OF RURAL AREAS OF EACH
STATE BEARS TO THE TOTAL POPULATION OF RURAL AREAS OF ALL THE STATES,
THE RATIO WHICH THEPOPULATION OF COUNTIES IN EACH STATE HAVING LESS THEN
TWENTY PERSONS PER SQUARE MILE BEARS TO THE TOTAL POPULATION OF RURAL
AREAS OF ALL THE STATES, THE RATIO WHICH THEPOPULATIONOF COUNTIES IN
EACH STATE HAVING LESS THAN TWENTY PERSONS PER SQUAREMILE BEARS TO THE
TOTALPOPULATION OF SUCH COUNTIES IN ALL THE STATES, AND THE RATIO WHCIH
THE POPULATION OF SUCHLOW-DENSITY COUNTIES IN EACH STATE HAVING 33 PER
CENTUM OR MORE OF ALL FAMILIES WIHT INCOMES NOT IN EXCESS OF 125 PER
CENTUM OF THE POVERY LEVEL BEARS TO THE TOTAL POPULATION OF SUCH
COUNTIES IN ALL THE STATES.
LAND ACQUISITION, PROHIBITION. "(C) LIMIT. -- THE AMOUNT OF ANY GRANT
UNDER THIS SECTION SHALLNOT EXCEED 75 PER CENTUM OF THE COSTS OF THE
PROJECT. NO ASSISTANCE UNDER THIS SECTION SHALL BE AVAILABLE FOR THE
ACQUISITION OF LAND OR INTERESTS IN LAND.
"(D) APPROPRIATIONS. -- THERE ARE AUTHORIZED TO BE APPROPRIATED
$25,000,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS
SECTION.
42 USC 6951. "SEC. 5001. THE SECRETARY OF COMMERCE SHALL ENCOURAGE
GREATER COMMECIALIZATION OF PROVEN RESOUFCE RECOVERY TECHNOLOGY BY
PROVIDING
(1) ACCURATE SPECIFICATIONS FOR RECOVERED MATERIALS
"(2) STIMULATION OF DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS;
"(3) PROMOTION OF PROVEN TECHNOLOGY; AND
"(4) A FORUM FOR THEEXCHANGE OF TECHNICAL AND ECONOMIC DATA
RELATINGTO RESOURCE RECOVERY FACILITIES.
PUBLICATION OF GUIDELINES 42 USC 6952. "SEC. 5002. THE SECRETARY OF
COMMERCE, ACTING THORUGH THE NATIONALBUREAU OF STANDARDS, AND IN
CONJUNCTION WITH NATIONAL STANDARDS-SETTING ORGANIZATIONS IN RESOURCE
RECOVERY, SHALL, AFTER PUBLIC HEARINGS, AND NOT LATER THAN TWO YEARS
AFTEF THE DATE OF THE ENACTMENT OF THIS ACT, PUBLISH GUIDELINES FOR THE
DEVELOPMENT OF SPECIFICATIONS FOR THE CLASSIFICATION OF MATERIALS
RECOVERED FROM WASTE WHICH WERE DESTINED FOR DISPOSAL. THE
SPECIFICATIONS SHALL PERTAIN TO THE PHYSICAL AND CHEMICAL PROPERTIES AND
CHARACTERISTICS OF SCH MATERIALS WITH REGARD TO THEIR USE IN REPLACING
VIRGIN MATERIALS IN VARIOUS INDUSTRIAL, COMMERCIAL, AND GOVERNMENTAL
USES. IN ESTABLISHING SUCH GUIDELINES THE SECRETARY SHALL ALSO, TO THE
EXTENT FEASIBLE, PROVIDE SUCH INFORMATION AS MAY BE NECESSARY TO ASSIST
FEDERAL AGENCIES WITH PROCUREMENT OF ITEMS CONTAINING RECOVERED
MATERIALS THE SECRETARY SHALLCONTINUE TO COOPERATE WITH NATIONAL
STANDARDS SETTING ORGANIZATIONS, AS MAY BE NECESSARY, TO ENCOURAGE THE
PUBLICATION, PROMULGATION AND UPDATING OF STANDARDS FOR RECOVEFED
MATERIALS AND FOR THEUSE OF RECOVERED MATERIALS IN VARIOUS INDUSTRIAL,
COMMERCIAL, AND GOVERNMENTAL USES.
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"SEC. 5003. THE SECRETARY OF COMMERCE SHALL WITHIN TWO YEARS AFTER
THE ENACTMENT OF THIS ACT TAKESUCH ACTIONS AS MAY BENECESSARY TO -- 42
USC 6953.
"(1) IDENTIFY THEGEOGRAPHICAL LOCATION OF EXIISTING OR POTENITAL
MARKETS FOR RECOVERED MATERIALS;
"(2) IDENTIFY THE ECONOMIC ANDTECHNICAL BARRIERS TO THEUSE
OF RECOVERED MATERIALS; AND
"(3) ENCOURAGE THEDEVELOPMENT OF NEW USES FOR RECOVERED MATERIALS.
"SEC. 5004. THE SECRETARY OF COMMERCE IS AUTHORIZED TO EVALUATE THE
COMMERCIAL FEASIBILITY OF RESOURCE RECOVERY FACILITIES AND TO PUBLISH
THE RESULTS OF SUCH EVALUATION AND TO DEVELOP A DATA BASE FOR PURPOSES
OF ASSISTING PERSONS IN IN CHOOSING SUCH A SYSTEM. 42 USC 6954.
"SEC. 6001. EACH DEPARTMENT, AGENCY, AND INSTRUMENTALITY OF THE
EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF THE FEDERAL GOVERNMENT
(1) HAVING JURISDICTION OVERANY SOLID WASTE MANAGEMENT FACILITY OR
DISPOSAL SITE, OR (2) ENGAGED IN ANY ACTIVITY RESULTING, OR WHICH MAY
RESULT, IN THE DISPOSAL OR MANAGEMENT OF SOLID WASTE OR HAZARDOUS WASTE
SHALL BE SUBJECT TO, AND COMPLY WITH, ALL FEDERAL, STATE, INTERSTATE,
AND LOCAL REQUIREMENTS, BOTH SUBSTANTIVE AND PROCEDURAL (INCLUDING ANY
REQUIREMENT FOR PERMITS OR REPORTING OR ANY PROVISIONS FOR INJUNCTIVE
RELIEF AND SUCH SANCTIONS AS MAY BE IMPOSED BY A COURT TOENFORCE RELIEF
AND SUCH SANCTIONS AS MAY BE IMPOSED BY A COURT TO ENFORCE SUCH RELIEF),
RESPECTING CONTROL AND ABATEMENT OF SOLID WASTE OR HAZARDOUS WASTE
DISPOSAL IN THE SAME MANNER, AND TO THE SAME EXTENT, AS ANY PERSON IS
SBJECT TO SUCH REQUIREMENTS, INCLUDING THE PAYMENT OF REASONABLE SERVICE
CHARGES. NEITHER THEUNITED STATES, NOR ANY AGENT, EMPLOYEE, OR OFFICER
THEREOF, SHALL BE IMMUNE OR EXEMPT FROM ANY PROCESS OR SANCTION OF ANY
STATE OR FEDERAL COURT WITH RESPECT TO THE ENFORCEMENT OF ANY SUCH
INJUNCTIVE RELIEF. THE PRESIDENT MAY EXEMPT ANY SOLID WASTE MANAGEMENT
FACILITY OF ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY IN THE EXECUTIVE
BRANCH FROM COMPLIANCE WITH SUCH A REUQIEMENT IF HE DETERMINES IT TO BE
IN THEPARAMOUNT INTEREST OF THE UNITED STATES TO DO SO. NO SUCH
EXEMPTION SHALL HAVE GRANTED DUE TO LACK OF APPROPRIATION UNLESS
THEPRESIDENT SHALL HAVE SPECIFICALLY REQUESTED SUCH APPROPRIATION AS A
PART OF THE BUDGETARY PROCESS AND THE CONGRESS SHALL HAVE FAILED TO MAKE
AVAILABLE SUCH REQUETED APPROPRIATION. ANY EXMEPTION SHALL BE FOR A
PERIOD NOT IN EXCESS OF ONE YEAR, BUT ADDITIONAL EXEMPTIONS MAY BE
GRATED FOR PERIODS NOT TO EXCEEDONE YEAR UPON THE PRESIDENT'S MAKING A
NEW DETERMINATION. THE PRESIDENT SHALL REPORT EACH JANUARY TO THE
CONGRESS ALL EXEMPTIONS FROM THE REQUIREMENTS OF THIS SECTION GRANTED
DURING THE PRECEDING CALENDAR YEAR, TOGETHER WITH HIS REASON FOR
GRANTING EACH EXEMPTION. PRESIDENTIAL REPORT TO CONGRESS 42 USC 6961
EXEMPTIONS.
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42 USC 6962. "SEC. 6002. (A) APPLICATION OF SECTION. -- EXCEPT AS
PROVIDED IN SUBSECTION (B), A PROCURING AGENCY SHALL COMPLY WITH THE
REQUIREMENTS SET FORTH IN THIS SECTION AND ANY REGULATIONS ISSUED UNDER
THIS SECTIN, WITH RESPECT TO ANY PURCHASE OR ACQUISITION OF A
PROCUREMENT ITEM WHERE THE PURCHASE PRICE OF THE ITEM EXCEEDS $10,000 OR
WHERE THE QANTITY OF SUCH ITEMS OR OF FUNCTIONALLY EQUIVALENT ITEMS
PURCHASED OR ACQUIRED IN THE COURSE OF THEPRECEDING FISCAL YEAR WAS
$10,000 OR M ORE.
"(B) PROCUREMENT SUBJECT TO OTHER LAW. -- ANY PROCUREMENT, BY ANY
PROCURING AGENCY, WHICH IS SUBJECT TO REGULATIONS OF THE ADMINISTRATOR
UNDER SECTION 6004 (AS PROMULGATED BEFORE THE DATE OF ENACTEMENT OF THIS
SECTION UNDER COMPARABLE PROVISIONS OF PRIOR LAW) SHALL NOT BE SUBJECT
TO THE REQUIREMENTS OF THIS SECTION TO THE EXTENT THAT SUCH REQUIREMENTS
ARE INCONSISTENT WITH SUCH REGULATIONS.
"(C) REQUIREMENTS. -- (1) AFTER TWO YEARS AFTER THE DATE OFENACTMENT
OF THIS SECTION, EACH PROCURING AGENCY SHALL PROCURE ITEMS COMPOSED OF
THE HIGHEST PERCENTAGE OF RECOVERED MATERIALS PRACTICABLE CONSISTENT
WITH MAINTAINING A SATISFACTORY LEVEL OF COMPETITION. THE DECISION NOT
TO PROCURE SUCH ITEMS SHALL BE BASED ON A DETERMINATION THAT SUCH
PROCUREMENT ITEMS
"(A) ARE NOT REASONABLY AVAILABLE WITHINA REASONABLE PERIOD OF TIME;
"(B) FAIL TO MEET THE PERFORMANCE STANDARDS SET FORTH IN THE
APPLICABLE SPECIFICATIONS OR FAIL TO MEET THE REASONABLE PERFORMANCE
STANDARDS OF THE PROCURING AGENCIES; OR
"(C) ARE ONLY AVAILABLE AT AN UNREASONABLE PRICE. ANY DTERMINATION
UNDERCLAUSE (II) SHALL BE MADE ON THE BASIS OF THE GUIDELINES OF THE
BUREAU OF STANDARDS IN ANY CASE IN WHICH SUCH MATERIAL IS COVERED BY
SUCH GUIDELINES.
"(2) AGENCIES THAT GENERATE HEAT, MECHNICAL, OR ELECTRICAL ENERGY
FROM FOSSIL FUEL IN SYSTEMS THAT HAVE THE TECHNICAL CAPABILITY OF USING
RECOVERED MATERIAL AND RECOVERED-MATERIAL-DERIVED FUEL AS A PRIMARY OR
SUPPLEMENTARY FUEL SHALL USE SUCH CAPABILITY TO THE MAXIMUM EXTENT
PRACTICABLE.
"(3) AFTER THE DATE SPECIFIED IN ANY APPLICABLE GUIDLINES PREPARED
PURSUANT TO SUBSECTION (E) OF THIS SECTION, CONTRACTING OFFICERS SHALL
REQUIRE THAT VENDORS CERTIFY THE PERCENTAGE OF THE TOTAL MATERIAL
UTILIZED FOR THE PERFORMANCE OF THE CONTRACT WHICH IS RECOVERED
MATERIALS.
"(D) SPECIFICATIONS. -- (1) ALL FEDERAL AGENCIES THAT HAVE THE
RESPONSIBILTY FOR DRAFTING OR REVIEWING SPECIFIATIONS FOR PROCUREMENT
ITEM PROCURED BY FEDERAL AGENCIES SHALL, IN REIVEWING THOSE
SPECIFICATIONS, ASCERTAIN WHETHER SUCH SPECIFICATIONS VIOLATE THE
PROHIBITIONS CONTAINED IN SUBPARAGRAPHS (A) THROUGH (C) OF PARAGRAPH
(2). SUCH REVIEW SHALL BE UNDERTAKEN NOT LATER THAN EIGHTEEN MONTHS
AFTER THEDATE OF ENACTMENT OF THIS SECTION.
"(2) IN DRAFTING OR REVISING SUCH SPECIFICATIONS, AFTER THE DATE OF
ENACTMENT OF THIS SECTION
"(A) ANY EXCLUSION OF RECOVERED MATERIALS SHALL BE ELIMINATED;
"(B) SUCH SPECIFICATION SHALLNOT REQUIRE THE ITEM TO BE MANUFACTURED
FROM VIRGIN MATERIALS; AND
"(C) SUCH SPECIFICATIONS SHALL REQUIRERECLAIMED MATERIALS TO THE
MAXIMUM EXTENT POSSIBLE WITHOUT JEOPARDIZING THEINTENDED END USE OF THE
ITEM.
"(E) GUIDELINES. -- THEADMINISTRATOR, AFTER CONSULTATION WITH THE
ADMINISTRATOR OF GENERAL SERVICES, THE SECRETARY OF COMMERCE (ACTING
THROUGH THEBUREAU OF STANDARDS), AND THE PUBLIC PRINTER, SHALL PREPARE
FROM TIME TO TIME REVISE, GUIDELINES FOR THE USE OF PROCURING AGENCIES
IN COMPLYING WITH THE REQUIREMENTSOF THIS SECTION.
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SUCH GUIDELINES SHALL SET FORTH RECOMMENDED PRACTICES WITH
RESPECT TO THE PROCURMENT OF RECOVERED MATERIALS AND ITEMS
CONTAINING SUCH MATERIALS AND WITH RE-PECT TO CERTIFICATION BE
VENDORS OF THE PERCENTAGE OF RECOVERED MATERIALS USED, AND SHALL
PROVIDE INFORMATION AS TO THE AVAILABILITY, SOURCES OF SUPPLY,
AND POTENTIAL USES OF SUCH MATERIALS AND ITEMS.
"(F) PROCUREMENT OF SERVICES. -- A PROCURING AGENCY SHALL, TO THE
MAXIMUM EXTENT PRACTICABLE, MANAGE OR ARRANGE FOR THE PROCUREMENT OF
SOLID WASTE MANAGEMENT SERVICES IN A MANNER WHICH MAXIMIZES ENERGY AND
RESOURCE RECOVERY .
"(G) EXECUTIVE OFFICE. -- THE OFFICE OF PROCURMENT POLICY IN THE
EXECUTIVE OFFICE OF THEPRESIDENT, IN COOPERATION WITH THE ADMINISTRATOR,
SHALL IMPLEMENT THE POLICY EXPRESSED IN THIS SECTION. IT SHALL BE THE
RESPONSBILITY OF THEOFFICE OF PROCUREMENT POLICY TO COORDINATE THIS
POLICY WITHOTHER POLICIES FOR FEDERAL PROCUREMENT, IN SUCH A WAY AS TO
MAXIMIZE THEUSE OF RECOVEFED RESOURCES, AND TO ANNUALLY REPORT TO THE
CONGRESS ON ACTIONS TAKEN BY FEDERAL GAENCIES AND THE PROGRESS MADE IN
THE IMPLEMENTATION OF SUCH POLICY.
"SEC. 6003. ALL FEDERAL AGENCIES HAVING FUNCTIONS RELATING TO SOLID
WASTE OR HAZARDOUS WASTE SHALL COOPERATE TO THE MAXIMUM EXTENT PERMITTED
BY LAW WITH THE ADMINISTRATOR IN CARRYING OUT HIS FUNCTIONS UNDER THIS
ACT AND SHALL MAKE ALL APPRPRIATE INFORMATIN, FACILITIES, PERSONNEL, AND
OTHER RESROUCES AVAILABLE, ON A REIMBURSABLE BASIS, TO THE ADMINISTRATOR
UPON HIS REQUEST. 42 USC 6963.
"SEC. 6004. (A) COMPLIANCE. -- (1) IF
"(A) AN EXECUTIVE AGENCY (AS DEFINED IN SECTION 105 OF THE TITLE 5,
UNITED STATES CODE) HAS JURISDICTION OVER-ANY REAL PROPERTY OR FACILITY
THE OPERATION OR ADMINISTRATION OF WHICH INVOLVES SUCH AGENCY IN SOLID
WASTE MANAGEMENT ACTIVITIES, OR
"(B) SUCH AN AGENCY ENTERS INTO A CONTRACT WITH ANY PERSON FOR
THEOPERATION BY SUCH PERSON OF ANY FEDERAL PROPERTY OR FACILITY,AND THE
PERFORMANCE OF SUCH CONTRACT INVOLVES SUCH PERSON IN SOLID WASTE
MANAGEMENT ACTIVITIES, THEN SUCH AGENCY SHALL INSURECOMPLIANCE WITH THE
GUIDELINES RECOMMENDED UNDER SECTION 1008 AND THE PURPOSES OF THIS ACT
IN THE OPERATION OR ADMINISTRATION OF SUCH PROPERTY OR FACILITY, OR
THEPERFORMANCE OF SUCH CONTRACT, AS THE CASE MAY BE. 42 USC 6964 ANTE,
P. 2803.
"(2) EACH EXECUTIVE AGENCY WHICH CONDUCTS ANY AC TIVITY
"(B) WHICH, IF CONDUCTED BY A PERSON OTHER THAN SUCH AGENCY, WOULD
REQUIRE A PERMIT OR LICENSE FROM SUCH AGENCY IN OFDER TO DISPOSE OF SUCH
SOLID WASTE, SHALL INSURE COMPLIANCE WITH SUCH GUIDELINES AND THE
PURPOSES OF THIS ACTIN CONDUCTING SUCH ACTIVITY.
"(3) EACH EXECUTIVE AGENCY WHICH PERMITS THE USEOF FEDERAL PROPERTY
FOR PURPOSES OF DISPOSAL OF SOLID WASTE SHALL INSURE COMPLIANCE WITH
SUCH GUIDELINES AND THE PURPOSES OF THIS ACT IN THE DISPOSAL OF SUCH
WASTE.
"(4) THE PRESIDENT SHALL PRESCRIBE REGULATIONS TO CARRY OUT THIS
SUBSECTION. REGULATIONS.
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ANTE, P. 2803. "(B) LICENSES AND PERMITS. -- EACH EXECUTIVE AGENCY
WHIC ISSUES ANY LICENSE OR PERMIT FOR DISPOSAL OF SOLID WASTE SHALL,
PRIOR TO THE ISSUANCE OF SUCH LISENCE OR PERMIT, CONSULT WITH THE
ADMINISTRATOR TO INSURE COMPLIANCE WITH GUIDELINES RECOMMENDED UNDER
SECTION1008 AND THE PURPOSES OF THIS ACT.
42 USC 6971. "SEC. 7001. (A) GENERAL. -- NO PERSON SHALL FIRE, OR IN
ANY OTHER WAY DISCRIMINATE AGAINST, OR CAUSE TO BE FIRED OR
DISCRIMINATED AGAINST, ANY EMPLOYEE OR ANY AUTHORIZED REPRESENTATIVE OF
EMPLOYEES BY REASON OF THE FACT TAHT SUCH EMPLOYEE OR REPRESENTATIVE HAS
FILED, INSTITUTED, OR CAUSED TO BE FILED OR INSTITUTED ANY PROCEEDING
UNDER THIS ACT OR UNDER ANY AAPPLICABLE IMPLEMENTATION PLAN,OR HAS
TESTIFIED OR IS ABOUT TO TESTIFY IN ANY PROCEEDING RESULTING FROM THE
ADMINISTRATION OR ENFORCEMENT OF THE PROVISIONS OF THIS ACT OR OF ANY
APPLICABLE IMPLEMENTATION PLAN.
APPLICATION TO SECRETARY FOR REVIEW. HEARING. NOTICE.
REHIRING OR REINSTATEMENT OF EMPLOYEE. JUDICIAL REVIEW.
"(B) REMEDY. -- ANY EMPLOYEE OR A REPRESENTATIVE OF EMPLOYEES WHO
BELIEVES THAT HE HAS BEEN FIRED OR OTHEFWISE DISCFIMINATED AGAINST BY
ANY PERSON IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY, WITHIN
THIRTY DAYS AFTER SUCH ALLEGED VIOLATION OCCURS, APPLY TO THE SECRETARY
OF LABOR FOR A REVIEW OF SUCH FIRING OR ALLEGED DISCRIMINATION. A COPY
OF THE APPLICATION SHALL BE SENT TO SUCH PERSON WHO SHALL BE THE
RESPONDENT. UPON RECEIPT OF SUCH APPLICATION, THE SECRETARY OF LABOR
SHALL CAUSE SUCH INVESTIGATION TO BE MADE AS HE DEEMS APPROPRIATE. SUCH
INVESTIGATION SHALL PROVIDE AN OPPORTUNITY FORA PUBLIC HEARING AT THE
REQUEST OF ANY PART TO SUCH REVIEW TO ENABLE THE PARTIES TOPRESENT
INFORMATION RELATING TO SUCH ALLEGED VIOLATION. THE PARTIES SHALL BE
GIEN WRITTEN NOTICE OF THE TIME AND PLACE OF THE HEARING AT LEAST FIVE
DAYS PRIOR TO THE HEARING. ANY SUCH HEARING SHALL BE OF RECORD AND
SHALL BE SUBJECT TO SECTION 554 OF TITLE 5 OF THE UNITED STATES CODE.
UPON RECEIVING THE REPORT OF SUCH INVESTIGATION, THE SECRETARY OF LABOR
SHALLMAKE FINDIWGS OF FACT. IF HE FINDS THAT SUCH VIOLATIONDID OCCUR,
HE SHALL ISSUE A D-CISION, INCORPORATING AN ORDER THEREIN ANDHIS FINDS,
REQUIREING THE PARTY COMMITTING SUCH VIOLATION TO TAKE SUCH AFFIRMATIVE
ACTION TO ABATE THE VIOLATION AS THESECRETARY OF LABOR DEEMS
APPRORPIATE, INCLUDING, BUT NOT LIMITED TO, THE REHIRING OR
REINSTATEMENT OF THEEMPLOYEE OR REPRESENTATIVE OF EMPLOYEES TO HIS
FORMER POSITION WITH COMPENSATION. IF HE FINDS THAT THERE WAS NO SUCH
VIOLATION, HE SHALLISSUE AN ORDER DENYING THE APPLICATION SUCH ORDER
I-SUED BY THE SECRETARY OF LABOR UNDERTHIS SUBPARAGRAPH SHALL B SUBJECT
TOJUDICIAL REVIEW IN THE SAME MANNER AS ORDERS AND DECISIONS OF THE
ADMINISTRATOR OR SUBJECT TO JUDICIAL REVIEW UNDER THIS ACT.
"(C) COSTS.-- WHENEVER AN ORDER IS ISSUED UNDER THIS SECTION TO ABATE
SUCH VIOLATION, AT THE REQUEST OF THE APPLICANT A SUM EQUAL TO THE
AGGREGATE AMONG OF ALL COSTS AND EXPENSES (INCLUDING THE ATTORNEY'S
FEES) AS DETERMINED BY THE SECRETARY OF LABOR, TO HAVE BEEN REASONABLY
INCURRED BY THE APPLICANT FOR, OR IN CONNECTION WITH, THE INSTITUTION
AND PROSECUTION OF SUCH PROCEEDINGS, SHALL BE ASSESS AGAINST THE PERSON
COMMITING SUCH VIOLATION.
"(D) EXCEPTION.-- THIS SECTION SHALL HAVE NO APPLICATION TO ANY
EMPLOYEE WHO, ACTING WITHOUT DIRECTION FROM HIS EMPLOYER (OR HIS AGENT)
DELIBERATELY VIOLATES ANY REQUIREMENT OF THIS ACT.
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"(E) EMPLOYMENT SHIFTS AND LOSS.-- THE ADMINISTRATOR
EMPLOYER (OR HIS AGENT) DELIBERATELY VIOLATES ANY
REQUIREMENT OF THIS ACT.
(EE) EMPLOYMENT SHIFTS AND LOSS. -- THE ADMINISTRATOR SHALL CONDUCT
CONTINUINGEVALUATIONS OF POTENTIAL LOSS OR SHIFTS OF EMPLOYMENT WHICH
MAY RESULT FROM THE ADMINISTRATION O R ENFORCEMENT OF THE PROVISIONS OF
THS ACT AND APPLICABLE IMPLEMENTATION PLANS, INCLUDING, WHERE
APPROPRIATE, INVESTIGATING THREATNED PLANT CLOSURES OR REDUCTIONS IN
EMPLOYMENT ALLEGEDLY RESULTING FROM SUCH ADMINISTRATION OR ENFORCEMENT.
ANY EMPLOYEE WHO IS DISCHARGED, OR LAIDOFF THREATNEED WITH DISCHARGE OR
LAYOFF, OR OTHERWISE DISCRIMINATED AGAINST BY ANY PERSON BECAUSE OF THE
ALLEGED RESULTS OF SUCH ADMINISTRATION OR ENFORCEMENT, OR ANY
REPRESENTATIVE OF SCUH ADMINISTRATION OR ENFORCMENT, OR ANY
REPRESENTATIVE OF SUCH EMPLOYEE, MAY REQUEST THE ADMINISTRATOR TO
CONDUCT A FULL INVESTIGATION OF THE MATTER. THE ADMINISTRATOR SHALL
THEREUPON INVESTIGATE THE MATTER AND, AT THE REQUEST OF ANY PARTY, SHALL
HOLD PUBLIC HEARINGS ON NOT LESS THAN FIVE DAYS'S NOTICE, AND SHALL AT
SUCH HEARINGS REQUIRE THE PARTIES, INCLUDING THE EMPLOYER INVOLVED, TO
PRESENT INFORMATION RELATING TO THE ACTUAL OR POTENTIAL EFFECT OF SUCH
ADMINISTRATION OR ENFORCEMENT ON EMPLOYMENT AND ON ANY ALLEGED
DISCHARGE,LAYOFF, OR OTHER DISCRIMINATION AND THE DETAILED REASONS OR
JUSTIFICATION THEREFOR. ANY SUCH HEARING SHALL BE OF RECORD ANDSHALL BE
SUBJECT TOSECTION 554 OF TITLE 5 OF THE UNITED STATES CODE. UPON
RECEIVING THE REPORT OF SUCH INVESTIGATION, THEADMINISTRATORSHALL MAKE
FINDINGS OF THE FACT AS TO THE EFFECT OF SUCH ADMINISTRATION OR
ENFORCEMENT ON EMPLOYMENT AND ON THE ALLEGED DISCHARGE, LAYOFF, OR
DISCRIMINATION AND SHALL MAKE SUCH RECOMMENDATIONS AS HE DEEMS
APPROPRIATE. SUCH REPORT, FINDINGS, AND RECOMMENDATIONS SHALL BE
AVAILABLE TO THE PUBLIC. NOTHIN IN THIS SUBSECTION SHALL BE CONSTRUED
TO REQUIRE OR AUTHORIZE THE ADMINISTRATOR OR ANY STATE TO MODIFY OR
WITHDRAW ANY STANDARD, LIMITATION, OR ANY OTHER REQUIREMENT OF THIS ACT
OR ANY APPLICABLE IMPLEMENTATION PLAN. REQUEST FOR INVESTIGATION.
HEARING. INFORMATION, AVAILABILITY TO PUBLIC..
"SEC. 7002. (A) IN GENERAL. -- EXCEPT AS PROVIDED IN SUBSECTION (B)
OR (C) OR THIS SECTION, ANY PERSON MAY COMMENCE A CIVIL ACTION ON HIS
OWN BEHALF -- 42 USC 6972.
"(1) AGAINST ANY PERSON (INCLUDING (A) THEUNITED STATES, AND (B) ANY
OTHER GOVERNMENTAL INSTRUMENTALITY OR AGENCY, TO THE EXTENT PERMITTED BY
THE ELEVENTH AMENDMENT TO THE CONSTITUTION) WHO IS ALLEGED TO BE IN
VIOLATION OF ANY PERMIT, STANDARD, REGULATIN, CONDITION, REQUIREMENT, OR
ORDER WHICH HAS BECOME EFFECTIVE PURSUANT TO THIS ACT; OR
"(2) AGAINST THE ADMINISTRATOR WHERE THERE IS ALLEGED A FAILURE OF
THE ADMINISTRATOR TO PERFORM ANY ACT OR DULY UNDER THIS ACT WHICH IS NOT
DISCRETIONARY WITH THE ADMINISTRATOR.
ANY ACTION UNDER PARAGRAPH (A)(1) OF THIS SUBSECTION SHALL BE BROUGHT
IN THE DISTRICT COURT FOR THEDISTRICT INWHICH THE A-LEGED VIOLATION
OCCURRED. ANY ACTION BROUGH T UNDER PARAGRAPH (A)(2) OF THIS SUBSECTION
MAY BE BROUGHT IN THE DISTRICT COURT FOR THE DISTRICT IN WHICH THE
ALLEGED VIOLATION OCCURRED OR IN THE DISTRICT COURT OF THE DISTRICT OF
COLUMBIA. THE DISTRICT COURT SHALLHAVE JURISDICTION, WITHOUT REGARD TO
THE AMOUNT IN CONTROVERSY OR THE CITIZENSHIPOF THE PARTIES, TO ENFORCE
SUCH REGULATION OR ORDER, OR TO ORDER THE ADMINISTRATOR TO PERFORMSUCH
ACT OR DUTY AS THE CASE MAY BE.
"(1) PRIOR TO SICTY DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE OF THE
VIOLATION (A) TO THE ADMINISTRATOR; (B) TO THE STATE INWHICH THE
ALLEGED VIOLATIONOCCURS; AND (C) TO ANY ALLEGED VIOLATOR OF SUCH
PERMIT, STANDARD, REGULATION, CONDITION, REQUIREMENT, OR ORDER; OR.
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"(2) IF THE ADMINISTRATOR OR STATE HAS COMMENCED AND IS DILIGENTLY
PROSECUTING A CIVIL OR CRIMINAL ACTION IN A COURT OF THE UNITED STATES
OR A STATE TO REQUIRE COMPLIANCE WITH SUCH PERMIT, STANDARD, REGULATION,
CONDITION, REQUIREMENT, OR ORDER: PROVIDED, HOWEVER, THAT IN ANY SUCH
ACTION IN A COURT OF THE UNITED STATES, ANY PERSON MAY INTERVENE AS A
MATTER OF RIGHT.
42 USC 3245F. "(C) NOTICE. -- NO ACTIONMAY BE COMMENCED UNDER
PARAGRAPH (A)(2) OF THIS SECTION PRIOR TO SIXTY DAYS AFTER THE PLAINTIFF
HAS GIVEN NOTICE TO THE ADMINISTRATOR THAT HE WILL COMMENCE SUCH
ACTION,EXCEPT THAT SUCH ACTION MAY BE BROUGHT IMMEDIATELY AFTER SUCH
NOTIFICATION IN THE CASE OF AN ACTION UNDER THIS SECTION RESPECTING A
VIOLATION OF SUBTITLE C OF THIS ACT. NOTICE UNDER THIS SUBSECTION SHALL
BE GIVEN IN SUCH MANNER AS THE ADMINISTRATOR SHALL PRESCRIBE BY
REGULATION. ANY ACTION RESPECTING A VIOLATION UNDER THIS ACT MAY BE
BROUGHT UNDER THIS SECTIONONLY IN THE JUDICIAL DISTRICT IN WHICH SUCH
ALLEGED VIOLATION OCCURS.
"(D) INTERVENTION. -- IN ANY ACTION UNDER THIS SECTIONTHE
ADMINISTRATOR, IF NOT A PARTY, MAY INTERVENE AS A MATTER OF RIGHT.
28 USC APP. "(E) COSTS. -- THE COURT, IN ISSUING ANY FINAL ORDER IN
ANY ACTION BROUGHTPURSUANT TO THIS SECTION,MAY AWARD COSTS OF LITIGATION
(INCLUDING REASONABLE ATTORNEY AND EXPERT WITNESS FEES) TO ANY PARTY,
WHENEVER THE COURT DETERMINES SUCH AN AWARD IS APPROPRIATE. THE COURT
MAY, IF A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION IS
SOUGHT, REQUIRE THE FILING OF A BOND OR EQUIVALENT SECURITY IN
ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE.
"(F) OTHER RIGHTS PRESERVED. -- -NOTHIN IN THIS SECTION SHALL
RESTRICT ANY RIGHT WHICH ANY PERSON (OR CLASS OF PERSONS) MAY HAVE UNDER
ANY STATUTE OR COMMON LAW TO SEEK ENFOR-EMENT OF ANY STANDARD OR
REQUIREMENT RELATING TO THE MANAGEMENT OF SOLID WASTEOR HAZARDOUS WASTE,
OR TO SEEK ANY OTHER RELIEF (INCLUDING RELIEF AGAINST THE ADMINISTRATOR
OR A STATE AGENCY).
42 USC 6973. "SEC. 7003. NOTWITHSTANDING ANY OTHER PROVISIONS OF
THIS ACT, UPON RECEIPT OF EVIDENCE THAT THE HANDLING, STORAGE,
TREATMENT, TRANSPORTATION OR DISPOSAL OF ANY SOLID WASTE OR HAZARDOUS
WASTE IS PRESENTING AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO EHALTH
OR THE ENVIRONMENT THE ADMINISTRATOR MAY BRING SUIT ON BEHALF OF THE
UNITED STATES IN THE APPRORPIATE DISTRICTCOURT TO IMMEDIATELY RESTRAIN
ANY PERSON CONTRIBUTING TO THE ALLEGED DISPOSAL TO STOP SUCH HANDLING,
STORAGE, TREATMENT, TRANSPORTATION, OR DISPOSAL OR TO TAKE SUCH OTHER
ACTION AS MAY BE NECESSARY. THE ADMINISTRATOR SHALL PROVIDE NOTICE TO
THE AFFECTED STATE OF ANY SUCH SUIT.
PARTICIPATION
PUBLICATION IN FEDERAL REGISTER 42 USC 6974. "SEC. 7004. (A)
PETITION. -- ANY PERSON MAY PETITION THE ADMINISTRATOR FOR THE
PROMULGATION,AMENDMENT, OR REPEAL OF ANY REGULATION UNDER THIS ACT.
WITHIN A REASONABLE TIME FOLLOWING RECEIPT OF SUCH PETITION,THE
ADMINISTRATOR SHALL TAKE ACTIONWITH RESPECT TO SUCH PETITION AND SHALL
PUBLISH NOTICE OF SUCH ACTION IN THE FEDERAL REGISTER, TOGETHER WITH THE
REASONS THEREFOR.
"(B) PUBLIC PARTICIPATION. -- PUBLIC PARTICIPATION. -- PUBLIC
PARTICIPATION IN THE DEVELOPMENT,REVISION,IMPLEMENTATION, AND
ENFORCEMENT OF ANY REGULATION, GUIDELINES, INFORMATION, OR PROGRAM UNDER
THIS ACT SHALL BE PROVIDED FOR, ENCOURAGED, AND ASSISTED BY THE
ADMINISTRATOR AND THE STATES.
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THE ADMINISTRATOR, IN COOPERATION WITH THE STATES, SHALL DEVELOP AND
PUBLSH MINIMUM GUIDELINES FOR PUBLIC PARTICIPATION IN SUCH PROCESSES.
"SEC. 7005. IF ANY PROVISION OF THIS ACT, OR THE APPLICATION OF ANY
PROVISIONOF THIS ACT TO ANY PERSON OR CIRCUMSTANCE, IS HELD INVALID, THE
APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES, AND THE
REMAINDER OF THIS ACT, SHALL NOT BE AFFECTED THEREBY. 42 USC 6975.
"SEC. 7006. ANY JUDICIAL REVIEW OF FINAL REGULATIONS PROMULGATED
PURSUANT TO THIS ACT SHALL BE IN ACCORDANCE WITH SECTIONS 701 THROUGH
706 OF TITLE 5 OF THE UNITED STATES CODE, EXCEPT THAT -- 42 USC 6976.
"(1) A PETITIONFOR REVIEW OF ACTION OF THE ADMINISTRATOR IN
PROMULGATING ANY REGULATION, OR REQUIREMENT UNDER THIS ACT MAY BE FILED
ONLY IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA.
ANY SUCH PETITION SHALL BE FILED WITHIN NINETY DAYS FROM THEDATE OF
SUCH PROMULGATION, OR AFTER SUCH DATE IF SUCH PETITION IS BASED SOLELY
ON GROUNDS ARISING AFTER SUCH NINETIETH DAY. ACTION OF THE
ADMINISTRATOR WITH RESPECT TO WHICH REVIEW COULD HAVE BEEN OBTAINED
UNDER THIS SUBSECTION SHALL NOT BE SUBJECT TOJUDICIAL REVIEW IN CIVIL OR
CIRMINAL PROCEEDINGS FOF ENFORCEMENT; AND
"(2) IN ANY JUDICIAL PROCE-DING BROUGH UNDER THIS SECTION IN WHICH
REVIEW IS SOUGHT OF A DETERMINATION UNDER THIS ACT REQUIRED TO BE MADE
ON THE RECORD AFTER NOTICE AND OPPORTUNITY FOR HEARING, IF A PARTY
SEEKING REVIEW UNDER THIS ACT APPLIES TO THE COURT FOR LEAVE TO ADDUCE
ADDITIONAL EVIDENCE, AND SHOWS TO THE SATISFACTION OF THE COURT THAT THE
INFORMATION IS MATERIAL AND THAT THERE WERE REASONABLE GROUNDS FOR THE
FAILURE TO ADDUCE SUCH EVIDENCE IN THE PROCEEDING BEFORE
THEADMINISTRATOR, THE COURT MAY ORDERSUCH ADDITIONAL EVIDENCE (AND
EVIDENCE IN REBUTTAL MAY ORDER SUCH ADDITIONAL EVIDENCE (AND EVIDEN-E IN
REBUTTAL THEREOF) TO BE TAKEN BEFORE THEADMINISTRATOR, AND TO BE ADDUCED
UPON THE HEARING IN SUCH MANNER AND UPON SUCH TERMS AND CONDITIONS AS
THECOURT MAY DEEM PROPER. THE ADMINISTRATOR MAY MODIFY HIS FINDINGS AS
TO THE FACTS, OR MAKE NEW FINDINGS, BY REASON OF THE ADDITIONAL EVIDENCE
SO TAKEN,AND HE SHALL FILE WITH THE COURT SUCH MODIFIED OR NEW FINDSINGS
AND HIS RECOMMENDATION, IF ANY, FOR THE MODIFICATION OR SETTING ASIDE OF
HIS ORIGINAL ORDER, WITH THE RETURN OF SUCH ADDITIONAL EVIDENCE.
"SEC. 7007. (A) GENERAL AUTHORITY. -- THE ADMINISTRATOR IS AUTHORIZED
TO MAKE GRANTS TO,AND CONTRACTS WITH ANY ELIGIBLE ORGANIZATION. FOR
PURPOSES OF THIS SECTION THE TERM "ELIGIBLE ORGANIZATION" MEANS A STATE
OR INTERSTATE AGENCY, A MUNICIPALITY, EDUCATIONAL INSTITUTION, AND ANY
OTHER ORGANIZATION WHICH IS CAPABLE OF EFFECTIVELY CARRYING OUT A
PROJECT WHICH MAY BE FUNDED BY GRANT UNDER SUBSECTION (B) OF THIS
SECTION. 42 USC 6977. "ELIGIBLE ORGANIZATION."
"(B) PURPOSES. -- (1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2),
GRANTS OR CONTRACTS MAY BE MADE TO PAY ALL OR A PART OF THE COSTS, AS
MAY BE DETERMINED BY THE ADMINISTRATOR, OF ANYPROJECT OPERATED OR TO BE
OPERATED BY ANELIGIBLE ORGANIZATION, WHICH IS DESIGNED
"(A) TO DEVELOP, EXPAND, OR CARRY OUT A PROGRAM (WHICH MAY COMBINE
TRAINING,EDUCATION,AND EMPLOYMENT) FOR TRAININGPERSONS FOR OCCUPATIONS
INVOLVING THE MANAGEMENT, SUPERVISION, DESIGN, OPERATION,OR MAINTENANCE
OF SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY EQUIPMCNT AND
FACILITIES; OR
"(B) TO TRAIN INSTRUCTORS AND SUPERVISORY PERSONNELTO TRAIN OR
SUPREVISE PERSONS IN OCCUPATIONS INVOLVING THE DESIGN, OPERATION, AND
MAINTENANCE OF SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY EQUIPMENT
AND FACILITIES.
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42 USC 3254A. ANTE. P. 2795. "(2) A GRANT OR CONTRACT AUTHORIZED BY
PARAGRAPH (1) OF THIS SUBSECTION MAY BE MADE ONLY UPON APPLICATION TO
THE ADMINISTRAOTR AT SUCH TIME OR TIMES AND CONTAINING SUCH
INFORMATIONAS HE MAY PRESCRIBE, EXEPT THAT NOSUCH APPLICATION SHALL BE
APPROVED UNLESS IT PROVIDES FOR THE SAME PROCEDURES AND REPORTS (AND
ACCESS TO SUCH REPORTS AND TO OTHER RECORDS) AS REQUIRD BY SECTION
207(B)(4) AND (5) (S IN EFFECT BEFORE THE DATE OF THE ENACTMENT OF
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976) WITH RESPECT TO
APPLICATIONS MADE UNDER SUCH SECTION (AS IN EFFECT BEFORE THE DATE OF
THE ENACTMENT OF RESOURCE CONSERVATION AND RECOVERY ACT OF 1976).
"(C) STUDY. -- THE ADMINISTRATOR SHALLMAKE A COMPLETE INVESTIGATION
ANDSTUDY TO DETERMINE.
"(1) THE NEED FOR ADDITIONAL TRAINED STATE AND LOCAL PERSONNEL TO
CARRY OUT PLANS ASSISTED UNDER THIS ACT AND OTHER SOLID WASTE AND
RESOURCE RECOVERY PROGRAMS;
"(2) MEANS OF USING EXISTING TRAINING PROGRAMS TO TRAINSUCH
PERSONNEL; AND
"(3) THE EXTENT AND NATURE OF OBSTACLES TO EMPLOYMENT AND
OCCUPATIONAL ADVNCEMENT IN THE SOLID WASTE MANAGEMENT AND RESOURCE
RECOERY FIELD WHICH MAY LIMIT EITHER AVAILABLE MANPOWER OR THE
ADVANCEMENT OF PERSONNEL IN SUCH FIELD.
REPORT TO PRESIDENT AND CONGRESS. HE SHALL REPORT THE RESULTS OF
SUCH INVESTIGATION AND STUDY, INCLUDING HIS RECOMMENDATIONS TO THE
PRESIDENT AND THE CONGRESS.
42 USC 6978 "SEC. 7008. (A) GENERAL RULE. -- PAYMENT OF GRNTS UNDER
THIS ACT MAY BE MADE (AFTER NECESSARY ADJUSTMENT ON ACCOUNT OR
PREVIOUSLY MADE UNDERPAYMENTS OR OVERPAYMENTS) IN ADVANCE OR BY WAY OF
REIMBURSEMENT, AND IN SUCH INSTALLMENTS AND ON SUCH CONDITIONS AS THE
ADMINISTRATOR MAY DETERMINE.
"(B) PROHIBITION. -- NO GRANT MAY BE MADE UNDER THIS ACT TO ANY
PROVATE PROFITMAKING ORGANIZATION.
42 USC 6979. "SEC. 7009. NO GRANT FOR A PROJECT OF CONSTRUCTION
UNDER THIS ACT SHALL BE MADE UNLESS THE SECRETARY FINDS THAT THE
APPLICATION CONTAINS OR IS SUPPORTED BY RASONABLE ASSURANCE THAT ALL
LABORERS AND MECHANICS EMPLOYED BY THE DAVIS-BACON ACT, AS AMENDED (40
U.S.C. 276-A-276-A-5), WILL BE PAID WAGES AR RATES NOT LESS THAN THOSE
PREVAILING ON SIMILAR WORK IN THE LOCALITY AS DETERMINED BY THE
SECRETARY OF LABOR IN ACCORDANCE WITH THAT ACT; AND THE SECRETARY OF
LABOR SHALL HAVE WITH RESPECT TO THELABOR STANDARDS SPECIFIED IN THIS
SECTION THE AUTHORITY AND FUNCTIONS SET FORTH IN REORGANIZATION PLAN
NUMBERED 14 OF 1950 (15 F.R. 3176; 5 U.S.C. 133Z-5) AND SECTION 2 OF
THE ACT OF JUNE 13, 1934, AS AMENDED (40 U.S.C. 276C).
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"SEC. 8001. (A) GENERAL AUTHORITY. -- THE ADMINISTRATOR, ALONE OR
AFTERCONSULTATION WITH THE ADMINISTRATOR OF THE FEDERAL ENERGY
ADMINISTRATION, THE ADMINISTRATOR OF THE ENERGY RESERARCH AND
DEVELOPMENT ADMINISTRATION, OR THE CHAIRMAN OF THE FEDERAL POWER
COMMISSION,SHALL CONDUCT, AND ENCOURAGE, COOPERATE WITH,AND RENDER
FINANCIAL AND OTHRE ASSISTANCE TO APPROPRIATE PUBLIC (WHETHER FEDERAL,
STATE,INTERSTATE, OR LOCAL) AUTHORITIES, AGENCIES, AND INSTITUTIONS,
PRIVATE AGENCIES AND INSTITUTIONS, AND INDIVIDUALS INTHE CONDUCT OF, AND
PROMOTE THE COORDINATION OF, RESERACH, INVESTIGATIONS, EXPERIMENTS,
TRAINING, DEMONSTRATIONS, SURVEYS, PUBLIC EDUCATION PROGRAMS, AND
STUDIES RELATING TO -- 42 USC 6981.
"(1) ANY ADVERSE HEALTH AND WELFARE EFFECTS OF THE RELEASE INTO THE
ENVIRONMENT OF MATERIAL PRESENT IN SOLID WASTE, AND METHODS TO ELIMINATE
SUCH EFFECTS;
"(2) THE OPERATION AND FINANCING OF SOLID WASTEMANAGEMENT PROGRAMS;
"(3) THE PLANNING, IMPLEMENTATION, AND OPERATION OF RESOURCE RECOVERY
AND RESOURCE CONSERVATION SYSTEMS AND HAZARDOUS WASTE MANAGEMENT
SYSTEMS, INCLUDING THEMARKTING OF RECOVERED RESOURCES;
"(4) THE PRODUCTION OF USABLE FORMS OF RECOVERED RESOURCES, INCLUDING
FUEL, FROM SOLID WASTE;
"(5) THE REDUCTION OF THE AMOUNT OF SUCH WASTE AND UNSALVAGEABLE
WASTE MATERIALS
"(6) THE DEVELOPMENT AND APPLICATION OF NEW AND IMPROVED METHODS OF
COLLECTING AND DISPOSING OF SOLID WASTEAND AND RECOVERING MATERIALS AND
ENERGY FROM SOLID WASTES;
(7) THE IDENTIFICATION OF SOLID WASTE COMPONENTS AND POTENTIAL
MATERIALS AND ENERGY RECOVERABLE FROM SUCH WASTE COMPONENETS;
"(8) SMALL SCALE AND LOW TECHNOLOGY SOLID WASTE MANAGEMENT SYSTEMS,
INCLUDING BUT NOT LIMITED TO,RESOURCE RECOVERY SOURCE SEPARATION
SYSTEMS;
"(9) METHODS TO IMPROVE THE PERFORMANCE CHARACTERISTICS OF RESOURCES
RECOVERE- FROM SOLID WASTE AND THE RELATIONSHIP OF SUCH PERFORMANCE
CHARACTERISTICS TO AVAIALABLE AND POTENTIALLY AVAILABLE MARKETS FOR SUCH
RESOURCES;
"(10) IMPROVEMENTS IN LAND DISPOSAL PRACTICES FOR SOLID WASTE
(INCLUDING SLUDGE) WHICH MAY RKDUCE THE ADVERSE ENVIRONMENTAL EFFECTS OF
SUCH DISPOSAL AND OTHER ASPECTS OF SOLID WASTE DISPOSAL ON LAND,
INCLUDING MEANS FOR REDUCING THE HARMFUL ENVIRONMENTAL EFFECTS OF
EARLIER AND EXISTING LANDFILLS, MEANS FOR RESTORINGAREAS DAMAGED BY SUCH
EARLIER OR EXISTING LANDFILLS, MEANS FOR RENDERING LANDFILLS SAFE FOR
PURPOSES OF CONSTRUCTION AND OTHER USES, AND TECHNIQUES OF RECOVERING
MATERIALS AND ENERGY FROM LANDFILLS;
"(11) METHODS FOR THESOUND DISPOSAL OF, OR RECOVERY OF RESOURCES,
INCLUDING ENERGY, FROM, SLUDGE (INCLUDING SLUDGE FROM POLLUTION
CONTROLAND TREATMENT FACILITIES, COAL SLURRY PIPELINES, AND OTHER
SOURCES);
"(12) METHODS OF HAZARDOUS WASTE MANAGEMENT, INCLUDING METHODS OR
RENDERING SUCH WASTE ENVIRONMENTALLY SAFE; AND
"(13) ANY ADVERSE EFFECTS ON AIR QUALITY (PARTICULARLY WITH REGARD TO
EMISSION OF HEAVY METALS) WHICH RESULT FROM SOLID WASTE WHICH IS BURNED
(EITHER ALONE OR IN CONJUNCTION WITH OTHER SUBSTANCES) FOR PURPOSES OF
TREATMENT, DISPOSAL, O R ENERGY RECOVERY.
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"(B) MANAGEMENT PROGRAM. -- (1)(A) IN CARRYING OUT HIS FUNCTIONS
PURSUANT TO THIS ACT, AND ANY OTHER FEDERAL LEGISLATION RESPECTING SOLID
WASTE OR DISCARDED MATERIAL RESERACH, DEVELOPMENT, AND DEMONSTRATIONS,
THE ADMINISTRATOR SHALL ESTABLISH A MANAGEMENT PROGRAM OR SYSTEM TO
INSURE THE COORDINATION OF ALL SUCH ACTIVITIES AND TO FACILITATE AND
ACCELERATE THE PROCESS OF DEVELOPMENT OF SOUND NEW TECHNOLOYG (OR OTHER
DISCOVERIES) FROM THE RESERACH PHASE, THROUGH DEVELOPMENT, AND INTO THE
DEMONSTRATION PHASE.
"(B) THE ADMINISTRATOR SHALL (I) ASSIST, ON THE BASIS OF ANY RESEARCH
PROJECTS WHICH AR DEVELOPED WITH ASSISTANCE UNDER THIS ACT OR WIHTOUT
FEDERAL ASSISTANCE, THECONSTRUCTION OF PILOT PLANT FACILITIES FOR THE
PURPOSE OF INVESTIGATING OR TESTING THE TECHNOLOGICAL FEASIBILITY OF ANY
PROMISING NEW FUEL, ENERGY, OR RESOURCE RECOVERY OR RESOURCE
CONSERVATION METHOD OR TECHNOLOGY; AND (II) DEMONSTRATE EACH SUCH
METHOD AND TECHNOLOGY THAT APPEARS JUSTIFIED BY AN EVALUATION AT SUCH
PILOT PLANT STAGE OR AT A PILOT PLANT STAGE DEVELOPED WITHOUT FEDERAL
ASSISTANCE. EACH SUCH DEMONSTRATION SHALL INCORPORATE NEW OR INNOVATIVE
TECHNICAL ADVANCES OR SHALL APPLY SUCH ADVANCES TO DIFFERENT
CIRCUMSTANCES AND CONDITIONS, FOR THE PURPOSE OF EVALUATING DEISGN
CONCEPTS OR TO TEST THEPERFORMANCE, EFFICIENCY,AND ECONOMIC FEASIBILITY
OF A PARTICULAR METHOD OR TECHNOLOGY UNDER ACTUAL OPERATING CONDITIONS.
EACH SUCH DEMONSTRATIO SHALL BE SO PLANNED AND DESIGNED THAT, IF
SUCCESSFUL, IT CAN BE EXPANDED OR UTILIZED DIRECTLY AS A FULL-SCALE
OPERATIONAL FUEL, ENERGY, OR RESOURCE RECOVERY OR RESOURCE CONSERVATION
FACILITY.
"(2) ANY ENERGY-RELATED RESEARCH, DEVELOPMENT, OR DEMONSTRATION
PROJECT FOR THE CONVERSION INCLUDING BIOCONVERSION, OF SOLID WASTE
CARRIED OUT BY THE ENVIRONMENTAL PROTECTION AGENCY OR BY THE ENERGY
FESERACH AND DEVELOPMENT ADMINISTRATION PURSUANT TO THIS OR ANY OTHER
ACT SHALL BE ADMINISTEREDIN ACCORDANCE WITH THE MAY 7, 1976, INTERAGENCY
AGREEMENT BETWEEN THEENVIRONMENTAL PROTECTION AGENCY AND THE ENERGY
RESEARCH AND DEVELOPMENT ADMINISTRATION ON THEDEVELOPMENT OF ENERGY FROM
SOLID WASTES AND SPECIFICALLY, THAT IN ACCORDANCE WITH THIS AGREEMENT,
(A) FOR THOSE ENERGY-RELATED PROJECTS OF MUTUAL INTEREST, PLANNING WILL
BE CONDUCTED JOINTLY BY THE ENVIRONMENTAL PROTECTION AGNCY AND THE
ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION, FOLLOWING WHICH PROJECT
RESPONSIBILTY WILL BE ASSIGNED TO ONE AGENCY; (B) ENERGY-RELATED
PORTIONS OF PROJECTS FOR RECOVERY OF SYNTHETIC FUELS OR OTHER FORMS OF
ENERGY FROM SOLID WASTE SHALL BE THE RESPONSIBILITY OF THEENERGY
RESEARCH AND DEVELOPMENT ADMINISTRATION; (C) THEENVIRONMENTAL
PROTECTION AGENCY SHALL RETAIN RESPONSBILITY FOR THE EN-IRONMENTAL,
ECONOMIC, AND INSTITUTIONAL ASPECTS OF SOLID WASTE PROJECTS AND FOR
ASSURANCE THAT SUCH PROJECTS ARE CONSISTENT WITH ANY APPLICABLE
SUGGESTED GUIDELINES PUBLISHED PURSUANT TO SECTION 1008, AND ANY
APPLICABLE STATE OR REGIONAL SOLID WASTE MANAGEMENT PLAN; AND (D)
ANY-ACTIVITIES UNDERTAKENUNDER PROVISIONS OF SECTIONS 8002 A-D 8003 AS
RELATED TO ENERGY; AS RELATED TO ENERGY OR SYNTHETIC FUELS RECOVERY
FROM WASTE; OR AS RELATED TO ENERGY CONSERVATOIN SHALL BE ACCOMPLISHED
THROUGH COORDINATION AND CONSULTATION WITH THE ENERGY RESEARCH AND
DEVELOPMENT ADMINISTRATION.
"(C) AUTHORITIES. -- (1) IN CARRYING OUT SUBSECTION (A) OF THIS
SECTION RESPECTING SOLID WASTE RESEARCH, STUDIES, DEVELOPMENT,AND
DEMONSTRATION, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION
8004( ), THE ADMINISTRATOR MAY MAKE GRANTS TO OR ENTER INTO CONTRACTS
(INCLUDING CONTRACTS FOR CONSTRUCTION) WITH, PUBLIC AGENCIES AND
AUTHORITIES OR PRIVATE PERSONS.
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"(2) CONTRACTS FOR RESEARCH, DEVELOPMENT,OR DEMONSTRATIONS FOR BOTH
(INCLUDING CONTRACTS FOR CONSTRUCTION) SHALL BE MADE IN ACCORDANCE WITH
AND SUBJECT TO THELIMITATIONS PROVIDED WITH RESPECT TO RESEARCH
CONTRACTS OF THE MILITARY DEPARTMENTS IN TITLE 10, UNITED STATES CODE,
SECTION 2353, EXCEPT THAT THE DETERMINATION, APPROVAL, AND CERTIFICATION
REQUIRD THEREBY SHALL BE MADE BY THE ADMINISTRATOR.
"(3) ANY INVENTION MADE OR CONCIEVED IN THE COURSE OF, OR UNER, ANY
CONTRACT UNDER THIS ACT SHALL BE SUBJECT TO SECTION 9 OF THE FEDERAL
NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT ACT OF 1974 TO THE SAME
EXTENT AND IN THE SAME MANNER AS INVENTIONS MADE OR CONCEIVED IN
THECOURSE OF CONTRACTS UNDER SUCH ACT, EXCEPT THAT IN APPLYING SUCH
SECTION, THE ENVIRONMENTAL PFOTECTION AGENCY SHALL BE SUBSTITUTED FOR
THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION, AND THE WORDS 'SOLID
WASTE' SHALL BE SUBSTITUTED FOR TH E WORD 'ENERGY' WHERE APPROPRIATE.
42 USC 5908.
"(4) FOR CARRYING OUT THE PURPOSE OF THIS ACT THE ADMINISTRATOR MAY
DETAIL PERSONNEL OF THE ENVIRONMENTAL PROTECTION AGENCY TO AGENCIES
ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION. DETAIL OF EPA PERSONNEL TO
OTHER AGENCIES.
DEVELOPMENT,AND DEMONSTRATIONS
"SEC. 8002. (A) GLASS AND PLASTIC. -- THE ADMINISTRAOTR SHALL
UNDERTAKE A STUDY AND PUBLISH A REPORT ON RESOURCE RECOVERY FROM GLASS
AND PLASTIC WASTE, INCLUDING A SCIENTIFIC, TECHNOLOGICAL, AND ECONOMIC
INVESTIGATION OF POTENTIAL SOLUTIONS TO IMPLEMENT SUCH RECOVERY. 42 USC
6982.
"(B) COMPOSITION OFWASTE STREAM. -- THE ADMINISTRATOR SHALL UNDERTAKE
A SSYTEMATIC STDY OF THE COMPOSITION OF SUCH STREAM AND OF ANTICIPATED
FUTURE CHANGES IN THE COMPOSITION OF SCUH STREAM AND SHALL PUBLSH A
REPORT CONTAINING THE RESULTS OF SCH STUDY AND QUANTITATIVELY EVALUATING
THE POTENTIAL UTILITY OF SUCH OOMPONENTS.
"(C) PRIORITIES STUDY. -- FOR PURPOESE OF DETERMINING PRIORITIES FOR
RESEARCH ON RECOVERY OF MATERIALS AND ENERGY FROM SOLID WASTE AND
DEVELOPING MATERIALS AND ENERGY RECOVERY RESEARCH, DEVELOPMENT, AND
DEMONSTRATION STRATGIES, THE ADMINISTRAOTR SHALL REVIEW, AND MAKE A
STUDY OF, THE VARIOUS EXISTING AND PROMISING TECHNIQUES OF ENERGY
RECOVERY FROMSOLID WASTE (INCLUDING, BUT NOT LIMITED TO, WATERWALL
FURNACE INCINERATORS, DRY SHREDDED FUEL SYSTEMS, PYROLYSIS, DENSIFIED
REFUSE-DERIVED DUEL SYSTEMS, ANEROBIC DIGESTION, AND FUEL AND FEEDSTOCK
PREPARATION SYSTEMS). IN CARRYING OUT SUCH STUDY THE ADMINISTRATOR
SHALL INVESTIGATE WITH RESPECT TO EACH SUCH TECHNIQUE
"(1) THE DEGREE OF PUBLIC NEED FOR THEPOTENTIAL RESULTS
OF SUCH RESEARCH, DEVELOPMENT, OR DEMONSTRATION,
"(2) THE POTENTIAL FOR RESEARCH , DEVELOPMENT, AND DEMONSTRATION
WITHOUT FEDERALACTION, INCLUDING THE DEGREE OF RESTRAINT ON SUCH
POTENTIAL POSED BY THE RISKS INVOLVED, AND
"(3) THE MAGNITUDE OF EFFORT AND PERIOD OF TIME NECESSARY TO DEVELOP
THETECHNOLOGY TO THEPOINT WHERE FEDERAL ASSISTANCE CAN BE ENDED.
"(D) SMALL-SCALE AND LOW TECHNOLOGY STUDY. -- THE ADMINISTRATOR SHALL
UNDERTAKE A COMPREHENSIVE STUDY AND ANALYSIS OF, AND PUBLISH A REPORT
ON, SYSTEMS OF SMALL-SCALE AND LOW TECHNOLOGY SOLID WASTE MANAGEMENT,
INCLUDING HOUSEHOLD RESOURCE RECOVERY AND RESOURCE RECO-ERY SYSTEMS
WHICH HAVE SPECIALAPPLICATION TO MULTIPLE DWELLING UNITS AND HIGH
DENSITY HOUSING AND OFFICE COMPLCXES. SUCH STUDY AND ANALYSIS SHALL
INCLUDE AN INVESTIGATION OF THE DEGREE TO WHICH SCUH SYSTEMS COULD
CONTRIBTE TO ENERGY CONSERVATION.
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"(E) FRONT-END SOURCE SEPARATION. -- THE ADMINISTRATOR SHALL
UNDERTAKE RESEARCH AND STUDIES CONCERNING THE COMPABILITY OF FRONT END
SOURCE SEPARATIONSYSTEMS WITH HIGH TECHNOLOGY RESOURCE RECOVERY SYTEMS
AND SHALL PUBLISH A REPORT CONTAINING THE RESULTS OF SUCH RESEARCH AND
STUDIES.
"(F) MINING WASTE. -- THE ADMINISTRATOR, IN CONSULTATION WITH
THESECRETARY OF THE INTERIOR, SHALL CONDUCT A DETAILED AND COMPREHENSIVE
STUDY ON THE ADVERSE EFFECTS OF SOLID WASTES FROM ACTIVE AND ABANDONED
SURFACE AND UNDERGROUND MINES ON THE ENVIRONMENT, INCLUDING, BUT NOT
LIMITED TO, THE EFFECTS OF SUCH WASTES ON HUMANS, WATER, AIR, HEALTH,
WELFARE, AND NATURAL RESOURCES, AND ON THE ADEQUACY OFMEANS AND MEASURES
CURRENTLY EMPLOYED BY THE MINING INDUSTRY, GOVERNMENET AGENCIES, AND
OTHERS TO DISPOSE OF AND UTILIZE SUCH SOLID WASTES AND TO PREVENT OR
SUBSTANTIALLY MITIGATE SUCH ADVERSE EFFECTS. SUCY STUDY SHALL INCLUDE
AN ANALASYS OF
"(1) THESOURCES AND VOLUME OF DISCARDED MATERIAL GENERATED PER YEAR
FORMMINING;
"(2) PRESENT DISPOSAL PRACTICES;
"(3) POTENTIAL DANGERS TO HUMAN HEALTH AND THE ENVIRONMENT FROM
SURFACE RUNOFF OF LEACHATE AND AIR POLLUTION BY DUST;
"(4) ALTERNATIVES TO CURRENT DISPOSAL METHODS;
(5) THE COST OF THOSE ALTERNATIVES IN TERMS OF TH- IMPACT OF MINE
PRODUCT COSTS; AND
"(6) POTENTIAL FOR USE OF DISCARDED MATERIAL AS A SECONDARY SOURCE OF
THE MINE PRODUCT.
IN FUTHERANCE OF THIS STUDY, THE ADMINISTRATOR SHALL, AS HE DEEMS
APPROPRIATE, REVIEW STUDIES AND OTHER ACTIONS OF OTHER FEDERAL AGENCIES
CONCERNING SUCH WASTES WITH A VEIW TOWARD AVOIDING DUPLICATION OF EFFORT
AND THE NEED TO EXPEDITE SUCH STDY. THE ADMINISTRAOTR SHAL PUBLISH A
REPORT OF SUCH STUDY AND SHALL INCLUDEAPPROPRIATE FINDINGS AND
RECOMMENDATIONS FOR FEDERAL AND NON-FEDERAL ACTIONS CONCERNING SUCH
EFFECTS.
"(G) SLUDGE. -- THE ADMINISTRATOR SHALL UNDERTAKE A COMPREHENSIVE
STUDY AND PUBLISH A REPORT ON SLUDGE. SUCH STUDY SHALL INCLUDE AN
ANALYSIS OF
"(1) WHAT TYPES OF SOLID WASTE (INCLUDING BUT NOT LIMITED TO SEWAGE
AND POLLUTION TREATMENT RESIDUES AND OTHER RESIDUES FROM INDUSTRIAL
OPERATINS SUCH AS EXTRACTION OF OIL FROM SHALE, LIQUEFACTIONADN
GASIFICATION OF COAL AND COAL SLURRY PIPELINE OPERATIONS) SHALL BE
CLASSIFIED AS SLUDGE;
"(2) THE EFFECTS OF AIR AND WATER POLLUTION LEGISLATION ON THE
CREATION OF LARGE VOLUMES OF SLUDGE;
"(3) THE AMOUNTS OF SLUDGE ORIGINATING IN EACH STATE AND IN EACH
INDUSTRY PRODUCING SLUGE;
"(4) METHODS OF DISPOSAL OF SUCH SLUDGE, INCLUDING THE COST,
EFFICIENCY, AND EFFEDTIVENESS OF SUCH METHODS.
"(5) ALTERNATIVE METHODS FOR THE USE OF SLUDGE, INCLUDING
AGRICULTURAL APPLICATIONS OF SLUDGE AND ENERGY RECOVERY FROM SLUDGE;
AND
"(6) METHODS TO RELCAIM AREAS WHICH HAVE BEEN USED FOR THE DISPOSAL
OF SLUDGE OR WHICH HAVE BEEN DAMAGED BY SLUDGE.
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"(H) TIRES. -- THE ADMINISTRATOR SHALL UNDERTAKE A STUDY AND PUBLISH
A REPORT RESPECTING DISCARDED MOTOR VEHICLE TIRES WHICH SHALL INCLUDE AN
ANALYSIS OF THE PROBLEMS INVOLVED INTHE COLLECTION, RECOVERY OR
RESOURCES INCLUDINGENERGY, AND USEOF SUCH TIRES.
"(I) RESOURCE RECOVERY FACILITIES. -- THE ADMINISTRATOR SHALL CONDUCT
RESEARCH AND REPORT ON THE ECONMICS OF, AND IMPEDEMENTS, TO THE
EFFECTIVE FUNCTIONING OF RESOURCE RECOVERY FACILITIES.
"(J) RESOURCE CONSERVATION COMMITTEE. -- (1) THE ADMINISTRATOR SHALL
SERVE AS CHAIRMAN OF A COMMITTEE COMPOSED OF HIMSELF, THE SECRETARY OF
COMMERCE, THE SECRETARY OF LABOR,THE CHAIRMAN OF THE COUNCIL ON
ENVIRONMENTAL QUALITY, TH E SECRETARY OF TREASURY,THE SECRETARY OF THE
INTERIOR, THE SECRETARY OF ENERGY, THE CHAIRMAN OF THE COUNCIL OF
ECONOMIC ADVISORS, AND A REPRESENTATIVE OF THE O-FICE OF MANAGEMENT AND
BUDGET, WHICH SHALL CONDUCT A FULL AND COMPELTE INVESTIGATION AND STUDY
OF ALL ASEPCTS OF THE ECONOMIC, SOCIAL, AND ENVIRONMENTAL CONSEQUENCES
OF RESOURCE CONSERVATION WITH RESPECT TO
"(A) THE APPRORPIATENESS OF RECOMMENDED INCENTIVES AND DISINCENTIVES
TO FOSTER RESOURCE CONSERVATION;
"(B) THE EFFECT OF EXISTING PUBLIC POLICIES (INCLUDING SUBSIDIES AND
ECONOMIC INCENTIVES AND DISINCENTIVES, PERCENTAGE DEPLETION ALLOWANCES,
CAPITAL GAINS TREATMENT, AND OTHER TAX INCENTIVES AND DISINCENTIVES)
UPON RESOURCE CONSERVATION, AND THE LIKELY EFFECT OF THE MODIFICATION OR
ELIMINATION OF SUCH INCENTIVES AND DISINCENTIVES UPON RESOURCE
CONSERVATION;
"(C) THE APPROPRIATENESS AND FEASIBILITY OF RESTRICTING THE
MANUFACTURE OR USE OF CATEGORIES OF CONSUMER PRODUCTS AS A RESOURCE
CONSERVATION STRATEGY;
"(D) THE APPROPRIATENESS AND FEASIBILITY OF EMPLOYING AS A RESOURCE
CONSERVATION STRATEGY THE IMPOSITION OF SOLID WASTEMANAGEMENT CHARGES ON
CONSUMER PRODUCTS, WHICH CHARGES WOULD REFLECT THE COSTS OF SOLID WASTE
MANAGEMENT SERVICES, LITTER PICKUP, THE VALUE OF RECOVERABLE COMPONENTS
OF SUCH PRODUCT, FINAL DISPOSAL, AND ANY SOCIAL VALUE ASSOCIATED WITH
THE NONRECYCLING OR UNCONTROLLED DISPOSAL OF SUCH PRODUCT; AND
"(E) THE NEED FOR FURTHER RESEARCH, DEVELOPMENT, AND DEMONSTRATION IN
THE AREA OF RESOURCE CONSERVATION.
"(2) THE STUDY REUQIRED IN PARAGRAPH (1)(D) MAY INCLUDE
PILOT SCALE PROJECTS, AND SHALL CONSIDER AND EVALUATE
ALTERNATIVE STRATEGIES WITH RESPECT TO -- PILOT SCALE
PROJECTS.
"(A) THE PRODUCT CATEGORIES ON WHICH SUCH CHARGES WOULD BE IMPOSED;
"(B) THE A-PROPRIATE STATE IN THE PRODUCTION OF SUCH CONSUMER PRODUCT
AT WHICH TO LEVY- SUCH CHARGES FOR EACH CONSUMER PRODUCT CATEGORY;
"(D) METHODS FOR THE ADJUTMENT OF SUCH CHARGES TO RELFECT ACTIONS
SUCH AS RECYCLING WHICH WOULD REDUCE THE OVERALL QUNATITIES OF SOLID
WASTE REQUIRING DISPOSAL; AND
"(E) PROCEDURES FOR AMENDING,MODIFYING, OR REVISING SUCH CHARGES TO
REFLECT CHANGING CONDITIONS.
"(3) THE DESIGN FOR THE STUDY REQUIRED IN PARAGRAPH (1) OF THIS
SUBSECTION SHALL INCLUDE TIMETABLES FOR THE COMPLETION OF THE STUDY. A
PRELIMINARY REPORT PUTTING FORTH THE STUDY DESIGN SHALL BE SENTTO THE
PRESDIENT AND THE CONGRESS WITHINSIX MONTHS FOLLOWING ENACTMENT OF THIS
SECTION AND FOLLOWUP REPORTS SHALL BE SENT SIX MONTHS THEREAFTER. EACH
RECOMMENDATION RESULTING FROM THE STUDY SHALL INCLUDE AT LEAST TWO
ALTERNATIVES TO THE PROPOSED RECOMMENDATION. STUDY DESIGN. REPORT TO
PRESIDENT AND CONGRESS.
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REPORT TO PRESIDENT AND CONGRESS. "(4) THERESULTS OF SUCH
INVESTIGATION AND STUDY, INCLUDING RECOMMENDATIONS, SHALL BE REPORTED TO
THE PRESIDENT AND THECONGRESS NOT LATER THAN TWO YEARS AFTER ENACTMENT
OF THIS SUBSECTION.
APPROPRIATION AUTHORIZATION. "(5) THERE AREAUTHORIZED TO BE
APPROPRIATED NOT TO EXCEED $2,000,000 TO CARRY OUT THIS SUBSECTION.
"(K) AIRPORT LANDFILLS. -- THE ADMINISTRATOR SHALL UNDERTAKE A
COMPREHENSIVE SUTDY AND ANALYSIS OF AND PUBLISH A REPORT ON SYSTEMS TO
ALLEVIATE THE HAZARDS TO AVIATION FROM BIRDS CONGREGATING AND FEEDING ON
LANDFILLS IN THE VICINITY OF AIRPORTS.
"(1) COMPLETION OF RESEARCH AND STUDIES. -- THE ADMINISTRATOR SHALL
COMPLETE THE RESEARCH AND STUDIES, AND SUBMIT THE REPORTS, REUIRED UNDER
SUBSECTINS (B), (C), (D), (E), (F), (G), AND (K) NOT LATER 0HAN OCTOBER
1, 1978. THE ADMINISTRATOR SHALL COMPLETETHE RESEARCH AND STUDIES, AND
SUBMIT THE REPORTS, REQUIRED UNDER SUBSECTIONS (A), (H), AND (I) NO T
LATER THAN OCTOBER 1, 1979. UPON COMPLETION, EACH STUDY SPECIFI