760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 043 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110681
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REPORT STUDY
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THE MORE RECENT (WASH AGE) SURVEY REPORTED THE EXISTENCE OF 18,539
KNOWN LAND DISPOSAL SITES, OF WHICH ONLY 5 OR 6 WERE PERMITTED OR
RECOGNIZED AS BEING IN COMPLIANCE WITH STATE REGULATIONS. IN AN ATTEMPT
TO UPDATE THE 1968 BSWM DATA, EPAS OFFICE OF SOLID WASTE MANAGEMENT
SURVEYED STATE AGENCIES BY TELEPHONE IN 1972. THIS SURVEY INDICATED THE
EXISTENCE OF ABOUT 11,000 DUMPS IN OPERATION, NATIONWIDE.
THE MOST CURRENT INFORMATION ON THE LOCATION OF OPEN DUMPS IS THAT
PROVIDED IN THE WASTE AGE ARTICLE, WHEREIN NUMBERS OF SITES ARE
IDENTITIED BY STATE.
THE ONLY SURVEY WHICH HAS ATTEMPTED TO PROVIDE INFORMATION ON THE
SIZE OF DUMPS IS THE 1968 BSWM EFFORT. THIS DATA INDICATED THAT THE
AVERAGE DUMP OCCUPIED 17 ACRES OF LAND AND RECEIVED 11,000 TONS OF SOLID
WASTE ANNUALLY.
THIS LEGISLATION DIRECTS THE ADMINISTRATOR TO CONDUCT SUCH A SURVEY
OF OPEN DUMPS WITH THE COOPERATION OF THE BUREAU OF THE CENSUS. THE
RESULTS WILL BE BROKEN DOWN BY STATE AND USED IN THE CLOSING OR
UPGRADING OF ALL ENVIRONMENTALLY DAMAGING OPEN DUMPS WITHIN SIX YEARS.
LAND DISPOSAL SITES NOT CONSIDERED TO BE SANITARY LANDFILLS, WILL BE
CONSIDERED OPEN DUMPS, AND SUCH SITES WILL HAVE TO BE CLOSED AT THE RATE
OF 20% PER YEAR, UNDER A FEDERALLY ASSISTED STATE PLAN.
THE PLAN SHALL REQUIRE THAT NO STATE CAN PROHIBIT LOCAL GOVERNMENTS
FROM ENTERING INTO LONG TERM CONTRACTS WITH RESOURCE RECOVERY
FACILITIES.
THE REASON FOR THIS RESTRICTION IS THAT THERE ARE CURRENTLY A NUMBER
OF PRIVATE COMPANIES CAPABLE OF AND WILLING TO ENTER INTO RESOURCE
RECOVERY VENTURES IF A SUFFICIENT VOLUME OF REFUSE CAN BE GUARANTEED
OVER A SUFFICIENTLY LONG PERIOD OF TIME. OFTEN MUNICIPALITIES ARE
CONSTRAINED IN THEIR ABILITY TO ENTER LONG TERM CONTRACTS (5 TO 30
YEARS) BY THEIR OWN CHARTERS OR BY STATE LAWS. FOR STATES TO RECEIVE
FEDERAL RESOURCE RECOVERY ASSISTANCE THEY MUST CLIMINATE ANY SUCH
PROHIBITION OF THEIR CONSTITUENT JURISDICTIONS' ABILITY TO ENTER INTO
LONG TERM CONSTRACTS. THE COMMITTEE DOES NOT INTEND TO INTERFERE WITH
ANY STATE'S REQUIREMENT OF FISCAL RESPONSIBILITY OR CAUTION.
PROHIBITIONS ON LONG TERM CONTRACTING FOR THE SUPPLY OF WASTE TO A
RESOURCE RECOVERY FACILITY ARE THE ONLY FISCAL PROHIBITIONS WHICH MUST
BE ELIMINATED TO RECEIVE FEDERAL ASSISTANCE. SIMPLY STATED, THE FEDERAL
GOVERNMENT WILL NOT COMMIT TECHNICAL OR FINANCIAL RESOURCES TO AID
STATES IN THE ESTABLISHMENT OF RESOURCE RECOVERY SYSTEMS IF THE STATES
MAINTAIN BARRIERS TO THE ESTABLISHMENT OF SUCH SYSTEMS.
TO ESTABLISH THESE MINIMUM REQUIREMENTS, THE FEDERAL GOVERNMENT IS TO
ISSUE A SERIES OF GUIDELINES WITHIN 180 DAYS OF ENACTMENT OF THIS
LEGISLATION AS TO HOW THE STATES MIGHT DEVISE APPROPRIATE UNITS FOR
PLANNING AND IMPLEMENTATION OF DISCARDED MATERIALS MANAGEMENT SYSTEMS.
WITHIN 18 MONTHS AFTER THE ENACTMENT OF THE ACT, THE ADMINISTRATOR IS TO
PROMULGATE GUIDELINES TO ASSIST THE STATES IN DETERMINING NOT ONLY THE
REGIONS, BUT ALSO WHICH GOVERNMENT OR AGENCY WITHIN THE REGION IS BEST
SUITED TO PLAN AND IMPLEMENT THE SYSTEM, AND HOW TO ACHIEVE THE GOALS
SET OUT BY THE MINIMUM STANDARDS.
ALTHOUGH THE ADMINISTRATOR WILL PUBLISH HIS RECOMMENDATIONS AS
GUIDELINES THE STATES WILL DECIDE ON THEIR ADOPTION.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 044 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110682
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IN PROMULGATING THE MINIMUM REQUIREMENTS THE ADMINISTRATOR IS
REQUIRED TO CONSIDER REGIONAL, GEOGRAPHIC, HYDROLOGIC CONDITIONS, THE
PROTECTION OF THE QUALITY OF GROUND AND SURFACE WATERS FROM LECHATE AND
RUNOFF, THE CHARACTERISTICS AND CONDITIONS OF COLLECTION, STORAGE,
PROCESSING AND DISPOSAL THE LOCATION OF FACILITIES, AND THE NATURE OF
THE MATERIALS TO BE DISPOSED OF. THE ADMINISTRATOR'S GUIDELINES SHOULD
INCLUDE METHODS FOR CLOSING OR UPGRADING OPEN DUMPS, CONSIDERATION OF
POPULATION DENSITY, LOCATION AND TRANSPORTATION WITHIN THE REGION THE
RATES OF GENERATION OF WASTES AND POLITICAL, ECONOMIC FINANCIAL AND
INSTITUTIONAL BARRIERS TO THE PLANNING PROCESSES.
THE ADMINISTRATOR WILL ALSO DEVELOP REGULATIONS DEFINING A SANITARY
LANDFILL. THIS LEGISLATION REQUIRES THAT THE ADMINISTRATOR DEFINE
SANITARY LANDFILL AS DISPOSAL SITE AT WHICH THERE IS NO REASONABLE
CHANCE OF ADVERSE EFFECTS ON HEALTH AND THE ENVIRONMENT FROM THE
DISPOSAL OF DISCARDED MATERIAL AT THE SITE. THIS IS A MINIMUM
REQUIREMENT OF THIS LEGISLATION AND DOES NOT PRECLUDE ADDITIONAL
REQUIREMENTS. LAND DISPOSAL SITES NOT CONSIDERED TO BE SANITARY
LANDFILLS, WILL BE CONSIDERED OPEN DUMPS, AND SUCH SITES WILL HAVE TO BE
CLOSED AT THE RATE OF 20% PER YEAR, UNDER A FEDERALLY ASSISTED STATE
PLAN.
IT IS THE COMMITTEE'S INTENT THAT THE FEDERAL GOVERNMENT WILL PROVIDE
THE TECHNICAL ASSISTANCE NECESSARY FOR THE STATES, IN COOPERATION WITH
THEIR OWN LOCAL GOVERNMENTS, TO DEVELOP AN ADEQUATE REGIONAL SYSTEM AND
THE ABILITY TO IMPLEMENT SUCH A SYSTEM FOR THE DISPOSAL OF WASTE,
WITHOUT THE FEDERAL GOVERNMENT BECOMING ADDITIONALLY INVOLVED IN THE
AFFAIRS OF STATE OR LOCAL GOVERNMENT.
AFTER THE ADMINISTRATOR HAS DEVELOPED HIS GUIDELINES IT IS THEN THE
RESPONSIBILITIES OF THE STATE TO DEFINE THE APPROPRIATE REGIONS AND
AGENCIES FOR DISCARDED MATERIALS PLANNING.
THE GOVERNOR OF EACH STATE WILL PROMULGATE AND IDENTIFY BOUNDARIES OF
THE AREAS WITHIN THE STATE WHICH AS A RESULT OF POPULATION
CONCENTRATIONS, GEOGRAPHIC CONDITIONS, MARKETS OR OTHER FACTORS WILL BE
CONSIDERED A REGION FOR CARRYING OUT A DISCARDED MATERIALS MANAGEMENT
PLAN. AFTER A REGION IS IDENTIFIED BY THE GOVERNOR, IT IS UP TO THE
LOCAL JURISDICTION WITHIN THAT REGION TOGETHER WITH THE STATE AND LOCAL
ELECTED OFFICIALS AND GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT, TO
IDENTIFY AN AGENCY TO DEVELOP AND IMPLEMENT THE STATE PLAN.
IT IS THE RESPONSIBILITY OF THE STATE AND LOCAL OR REGIONAL
AUGHORITIES TO DECIDE WHICH DISCARDED MATERIAL FUNCTIONS WILL BE STATE
OR REGIONAL AGENCY RESPONSIBILITIES ARE LOCAL RESPONSIBILITIES. IF THE
LOCAL REGIONAL OR STATE AUTHORITIES CAN NOT IDENTIFY OR DESIGNATE THE
AGENCIES THAT ARE TO PLAN AND IMPLEMENT THE DISCARDED MATERIALS
MANAGEMENT SYSTEM. WITHIN 270 DAYS AFTER THE GOVERNOR HAS IDENTIFIED
THE REGION, THEN THE GOVERNOR SHALL DESIGNATE THE AGENCY TO FORMULATE
AND IMPLEMENT THE PLAN FOR SUCH AREA.
IN THE CASE OF INTERSTATE REGIONS, THE GOVERNORS OF THE RESPECTIVE
STATES WILL COOPERATE WITH EACH OTHER, AND THE ELECTED OFFICIALS OF THE
GENERAL PURPOSE UNITS OF THE LOCAL GOVERNMENT WITHIN THE INTERSTATE
REGION SHALL ATTEMPT TO JOINTLY DEVELOP A PLAN AND IMPLEMENT A PLAN FOR
THEIR REGION. IF THE LOCALLY ELECTED OFFICIALS CANNOT ESTABLISH OR
DESIGNATE A PLANNING AUTHORITY, THE GOVERNORS OF THE RESPECTIVE STATES
MAY BY AGREEMENT ESTABLISH OR DESIGNATE A SINGLE REPRESENTATIVE
ORGANIZATION TO DO THE PLANNING AND IMPLEMENT THE REGIONAL PLAN FOR THE
INTERSTATE REGION.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 045 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110683
H503-46
REPORT STUDY
HOUSE
ONCE A STATE PLAN HAS BEEN SUBMITTED TO THE ADMINISTRATOR, HE MUST
EITHER APPROVE OR DISAPPROVE IT WITHIN SIX MONTHS.
TO SECURE APPROVAL A PLAN MUST MEET THE MINIMUM REQUIREMENTS
PROMULGATED PURSUANT TO TITLE IV OF THIS LEGISLATION AND PROVIDE FOR THE
ABILITY TO CHANGE THE PLAN IF THE MINIMUM REQUIREMENTS SHOULD BE
SUBSEQUENTLY CHANGED BY THE ADMINISTRATOR.
TO ENSURE THAT THE MINIMUM REQUIREMENTS CONTINUE TO BE MET, THE
ADMINISTRATOR IS AUTHORIZED TO REVIEW THE STATE PLANS AND THE MANNER OF
IMPLEMENTING SUCH PLANS. IF HE FINDS AFTER NOTICE AND HEARING THAT THE
STATE PLAN IS NO LONGER IN COMPLIANCE, EITHER BECAUSE OF SUBSTANTIVE
CHANGES IN THE PLAN OR BECAUSE OF FAILURE TO IMPLEMENT THE PLAN, HE MAY
WITHDREW HIS APPROVAL AND ANY FEDERAL FINANCIAL ASSISTANCE.
TO BE INITIALLY ELIGIBLE FOR FEDERAL GRANTS FOR STATE PLANNING, THE
STATE PLAN MUST BE APPROVED AND THE JURISDICTION'S RESPONSIBLE FOR
IMPLEMENTATION OF THE PLAN MUST DISCHARGE THEIR RESPONSIBILITY AS
IDENTIFIED IN THE PLAN FOR THAT YEAR.
TO RECEIVE A GRANT IN 1979 THE STATE MUST HAVE BEEN ELIGIBLE FOR A
GRANT IN THE PROCEDING YEAR AND MUST BE IMPLEMENTING THE APPROVED PLAN.
THROUGH THIS MECHANISM PLANNING FUNDS WILL BE MADE AVAILABLE TO
STATES WHICH HAVE ESTABLISHED AN ADEQUATE WASTE MANAGEMENT PLAN,
RECOGNIZING THAT SOME STATES ALREADY HAVE PLANS WHICH MAY QUALIFY FOR
APPROVAL. THE COMMITTEE ADOPTED THIS MECHANISM TO PROVIDE AN INCENTIVE
FOR OTHER STATES TO DEVELOP PLANS. ALLOWING THE GRANTS TO BE USED FOR
IMPLEMENTING THE PLANS WILL AVOID PENALIZING STATES WHICH HAVE MADE
SIGNIFICANT PROGRESS TOWARD WASTE MANAGEMENT PLANS WITHOUT FEDERAL
ASSISTANCE.
4 FOR FISCAL YEAR 1978 THIS LEGISLATION AUTHORIZES $40 MILLION. FOR
FISCAL YEAR 1979 $50 MILLION IN FEDERAL GRANTS TO THE STATES IS
AUTHORIZED. THE GRANT MONEY WILL BE ALLOCATED TO THE STATES ON THE
BASIS OF POPULATION.
THE COMMITTEE BELIEVES THIS IS PERHAPS THE MOST RATIONAL FORMULA
SINCE MUNICIPAL WASTE IS DIRECTLY THE RESULT OF POPULATION, AND
COMMERCIAL AND INDUSTRIAL WASTE PRODUCTION ARE ALSO OFTEN ASSOCIATED
WITH POPULATION CENTERS.
NO STATE WILL RECEIVE LESS THAN ONE HALF OF ONE PERCENT OF THE FUNDS
APPROPRIATED HOWEVER.
ALSO NO STATE WILL RECEIVE A GRANT IF ITS EXPENDITURE FOR WASTE
CONTROL PROGRAMS IS REDUCED BELOW THE 1975 LEVEL, UNLESS SUCH A
REDUCTION IS THE RESULT OF A GENERAL REDUCTION IN STATE SPENDING. THIS
PROVISION IS INCLUDED TO DISCOURAGE STATES FROM REDUCING THEIR
EXPENDITURES ON DISCARDED MATERIALS MANAGEMENT ONCE FEDERAL FUNDS BECOME
AVAILABLE.
SEVENTY PERCENT OF THE GRANT MONEY ALLOCATED TO THE STATE WILL BE
AVAILABLE FOR DISTRIBUTION TO LOCAL, REGIONAL OR INTERSTATE AUTHORITIES
ACCORDING TO THE FUNCTIONS AND RESPONSIBILITIES OUTLINED IN THE APPROVED
STATE PLAN. THE REMAINING THIRTY PERCENT WILL BE ALLOWED TO
MUNICIPALITIES OF 5,000 PERSONS OR FEWER OR THE COUNTIES OF 10,000
PERSONS OR FEWER WHICH ARE NOT INCLUDED IN ANY DISCARDED MATERIALS
MANAGEMENT REGION ESTABLISHED UNDER THE STATE PLAN.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 046 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110684
H503-46
REPORT STUDY
HOUSE
THERE IS ANOTHER LIMITATION ON THE FEDERAL FINANCING ASSISTANCE WHICH
IS PLACED UPON THIS SECTION BY THE DEFINITION OF THE TERM
"IMPLEMENTATION" IN SECTION 104. THAT TERM PROVIDES THAT AFTER DECEMBER
31, 1979, FEDERAL FINANCIAL ASSISTANCE FOR THE STATE TO PAY THE SALARIES
OF ITS EMPLOYEES. THE PURPOSE OF THIS LIMITATIONS IS TO AVOID HAVING
THE FEDERAL GOVERNMENT PERPETUALLY INVOLVED IN STATE DISCARDED MATERIALS
MATTERS.
RECOGNIZING THE NEED FOR EXPANDED AND STABLE MARKETS FOR THE SUCCESS
OF ANY RESOURCE RECOVERY EFFORT THIS TITLE DIRECTS THE SECRETARY OF
COMMERCE TO EXPAND THE RELATIONSHIP OF THE DEPARTMENT WITH INDUSTRY TO
INCLUDE TO A GREATER DEGREE THE RESOURCE RECOVERY AND SECONDARY
MATERIALS INDUSTRIES.
SECTION 501 DIRECTS THE SECRETARY TO GENERALLY ENCOURAGE THE
COMMERCIALIZATION OF PROVEN RESOURCE RECOVERY TECHNOLOGY BY PROVIDING
FOR ACCURATE PERFORMANCE SPECIFICATIONS FOR RECOVERED MATERIALS; THE
STIMULATION AND DEVELOPMENT OF MARKETS FOR RECOVERED AND OTHER SECONDARY
MATERIALS; THE PROMOTION OF PROVEN RESOURCE RECOVERY TECHNOLOGY AND THE
EXCHANGE OF TECHNICAL ECONOMIC DATA RELATING TO RESOURCE RECOVERY
FACILITIES.
TO COUNTERACT THE WIDELY HELD PERCEPTION THAT RECOVERED OR SECONDARY
MATERIALS (OR GOODS MANUFACTURED FROM THEM) ARE PER SE INFERIOR TO
VIRGIN MATERIALS THE COMMITTEE HAS ADOPTED SECTION 502. THIS SECTION
DIRECTS THE SECRETARY OF COMMERCE, THROUGH THE NATIONAL BUREAU OF
STANDARDS TO PUBLISH UNIFORM SPECIFICATIONS FOR RECOVERED MATERIALS
ACCORDING TO THEIR PHYSICAL AND CHEMICAL PROPERTIES AND CHARACTERISTICS.
IN DEVELOPING THE SPECIFICATIONS THE SECRETARY WILL, OF COURSE, RESPECT
ALL TRADE SECRETS RELATIVE TO PROCESSING OR COMPOSITION OF PRODUCTS.
ONCE THE PRODUCTS OF RECOVERED MATERIALS HAVE BEEN CLASSIFIED, THE
BUREAU IS DIRECTED TO ESTABLISH AN INDEX IDENTIFYING THE CLASSIFICATIONS
OF RECOVERED MATERIALS WHICH CAN BE SUBSTITUTED FOR VIRGIN MATERIALS IN
INDUSTRIAL, COMMERCIAL AND GOVERNMENTAL USES. SUCH SUBSTITUTIONS MUST
BE BASED ON THE STANDARD THAT THERE WILL BE NO DETERIORATION OF THE
PERFORMANCE CHARACTERISTICS OF THE GOODS OR MATERIALS MANUFACTURED FROM
THE RECOVERED MATERIAL.
THE PUBLISHING OF SPECIFICATIONS AND ESTABLISHMENT OF THE
SUBSTITUTION INDEX IS TO BE COMPLETED AFTER PUBLIC HEARINGS AND WITHIN
ONE YEAR OF ENACTMENT OF THIS ACT. IT IS THE INTENT OF THE COMMITTEE
THAT PROFESSIONAL AND INDUSTRIAL GROUPS INTERESTED IN THE ESTABLISHMENT
OF SPECIFICATIONS FOR RECOVERED MATERIALS AND IN BROADENING THEIR USE
HAVE ADEQUATE OPPORTUNITY TO PROVIDE INPUT FOR CONSIDERATION BY THE
BUREAU OF STANDARDS IN THE SETTING OF RECOVERED MATERIAL SPECIFICATIONS
AND THE ESTABLISHMENT OF THE SUBSTITUTION INDEX.
THE ESTABLISHMENT OF SUCH INDEX WILL NOT REQUIRE ANY DISCLOSURE OF
TRADE SECRETS IN THE MANUFACTURING PROCESS OR COMPOSITION OF THE
PRODUCT.
SINCE USE OF THE SPECIFICATIONS AND THE INDEX WILL BE VOLUNTARY FOR
ALL BUT FEDERAL GOVERNMENT AGENCIES, THE PARTICIPATION AND COOPERATION
OF PROFESSIONAL AND INDUSTRIAL GROUPS IS ESSENTIAL TO A WIDE ACCEPTANCE
OF SUCH SPECIFICATIONS AND INDEX.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 047 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110685
H503-46
REPORT STUDY
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THE COMMITTEE ANTICIPATES THAT THE BUREAU WILL SEEK PARTICIPATION AND
COOPERATION TO THE FULLEST EXTENT PRACTICABLE.
THE INDEX OF SUBSTITUTION WILL BE DEVELOPED FIRST WITH RESPECT TO THE
COMPONENTS OF PROCUREMENT ITEMS PURCHASED BY THE FEDERAL GOVERNMENT IN
LARGE QUANTITIES.
THE COMMITTEE HAS RECEIVED MUCH INFORMATION ON THE IMPORTANCE OF
EXPANDED AND STABLE MARKETS FOR THE MATERIALS RECOVERED FROM WASTE.
FORMAL TESTIMONY AND INFORMAL DISCUSSIONS WITH PARTIES CURRENTLY
INVOLVED IN OPERATING OR PLANNING RESOURCE RECOVERY ACTIVITIES HAVE
INDICATED THAT 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.
PRESENTLY THERE APPEARS TO BE A STABLE MARKET ONLY FOR RECOVERY OF
ALUMINUM AND TO A SOMEWHAT LESSER EXTENT FOR ADDITIONAL SCRAP IRON AND
STEEL. OTHER MAJOR COMPONENTS OF THE WASTE STREAM ARE FACED WITH HIGHLY
VOLATILE MARKETS, SUCH AS IN THE WASTE PAPER INDUSTRY, OR EXTREMELY
LIMITED MARKET SUCH AS THOSE FOR WASTE GLASS AND RUBBER. THE MARKET FOR
ENERGY DERIVED FROM DISCARDED MATERIALS APPEARS TO BE AN ATTRACTIVE ONE
DEPENDING ON COMPETING LOCAL ENERGY COSTS AND THE METHOD OF ENERGY
PRODUCTION FROM WASTE.
THERE IS CLEARLY A NEED FOR EXTENSION OF RECOVERED MATERIALS MARKETS.
PROCESSED WASTE DERIVED FUEL, PYROLYSIS OIL AND GAS, AND STEAM ARE ALL
CAPABLE OF SERVING MARKETS FAR IN EXCESS OF THEIR PRESENT USUAGE.
RECOVERED RUBBER AND WASTE OIL CAN BE USED TO A FAR GREATER DEGREE THAN
TODAY. WASTE GLASS IS BEGINNING TO BE MORE WIDELY ACCEPTED, HOWEVER,
ITS USE IS STILL VERY LIMITED COMPARED TO ITS POTENTIAL. THROUGH THE
VARIOUS DIVISIONS OF THE DEPARTMENT OF COMMERCE THE COMMITTEE
ANTICIPATES THE ENCOURAGEMENT OF NEW USES FOR RECOVERED MATERIALS AND
THE IDENTIFICATION OF CURRENT AND POTENTIAL NEW MARKETS FOR THOSE
MATERIALS. MOREOVER, RESOURCE RECOVERY PROJECTS APPEAR TO REQUIRE
COORDINATION AND CLOSE PROXIMITY WITH PRODUCT MARKETS. A GEOGRAPHIC
IDENTIFICATION SYSTEM MAY BE ADVISABLE AND CAN BE DEVELOPED BY THE
DEPARTMENT IN CARRYING OUT ITS RESPONSIBILITIES.
PLACING EMPHASIS FOR THE STIMULATION OF TECHNOLOGY PROMOTION WITH THE
DEPARTMENT OF COMMERCE RESULTS FROM TWO UNDERLYING FACTORS. FIRST, THE
RELATIONSHIP OF THE DEPARTMENT WITH BUSINESS AND INDUSTRY IS ONE OF
HISTORIC IMPORTANCE AND CONSTRUCTIVE PROGRESS. SECOND, THE NEED TO
SEPARATE THE FUNCTIONS OF RESEARCH, TESTING AND REGULATING, FROM THE
FUNCTION OF TECHNOLOGY PROMOTION IS NECESSARY IF EITHER SET OF FUNCTIONS
ARE TO BE CARRIED OUT TO THE GREATEST POSSIBLE EXTENT.
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.
DURING HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND
COMMERCE, A REPRESENTATIVE OF THE DEPARTMENT OF COMMERCE INDICATED THAT
THE DUTIES OF THE DEPARTMENT ESTABLISHED UNDER THIS ACT WERE APPROPRIATE
TO THE DEPARTMENT AND CONSISTENT WITH ITS CURRENT ACTIVITIES IN RESOURCE
RECOVERY, MATERIALS USAGE AND OTHER AREAS.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 048 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110686
H503-46
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HOUSE
ANY POSSIBILITIES OF CONFLICT OF INTEREST OR INSTITUTIONAL BIAS ARE
AVOIDED BY ASSIGNING THE PROMOTION FUNCTION TO THE DEPARTMENT OF
COMMERCE RATHER THAN TO THE ENVIRONMENTAL PROTECTION AGENCY. THE AGENCY
WILL CONTINUE TO BE RESPONSIBLE FOR RESEARCH AND DEVELOPMENT OF NEW
RESOURCE RECOVERY TECHNOLOGIES AS WELL AS FOR EVALUATION OF THOSE
SYSTEMS ALREADY ADVANCED THROUGH THE DEVELOPMENT STAGE. THE DEPARTMENT
WILL BE RESPONSIBLE FOR ENCOURAGING THE IMPLEMENTATION OF VARIOUS
RESOURCE RECOVERY TECHNOLOGIES.
IN THIS WAY THE COMMITTEE SEEKS TO ENSURE THAT INSTITUTIONAL BIASES
RESULTING FROM PREVIOUS WORK OR COMMITMENTS TO A CERTAIN TECHNOLOGY DO
NOT UNDULY INFLORENCE THE PROMOTION OF THE TECHNOLOGIES. SIMILARLY, IT
IS HOPED THAT THE CHOICE OF A CERTAIN SYSTEM WILL BE MADE BY POTENTIAL
PURCHASERS ON THE BASIS OF THE SYSTEM'S MERIT RATHER THAN THE HOPE OF
OBTAINING SUPPORT FROM A GOVERNMENT AGENCY PERCEIVED TO HAVE A SPECIAL
INTEREST IN THE PROLIFERATION OF THE SPECIFIC TECHNOLOGY. THE
COMMITTEE'S BELIEF IN SEPARATING THE RESEARCH AND REGULATION FUNCTION
FROM THE PROMOTION FUNCTION IS THAT EACH FUNCTION WILL BE PERFORMED MOST
EFFECTIVELY IF THE RESPONSIBILITIES ARE CLEARLY SEPARATED.
SINCE MUCH OF THE TECHNOLOGY PRESENTLY AVAILABLE FOR RESOURCE
RECOVERY IS IN ITS DEVELOPMENTAL STAGES THE COMMITTEE HAS PROVIDED THE
SECRETARY OF COMMERCE WITH THE AUTHORITY TO SPONSOR MEETINGS BETWEEN
INDUSTRIES OR INDIVIDUAL COMPANIES FOR THE EXCHANGE OF INFORMATION
REGARDING DISCARDED MATERIALS MANAGEMENT. THROUGH THESE MEETINGS,
TECHNICAL AND OTHER INFORMATION WHICH WOULD FOSTER THE DEVELOPMENT OF
RESOURCE RECOVERY TECHNOLOGY CAN BE EXCHANGED WITHOUT THREAT OF
ANTITRUST ACTION. THE COMMITTEE IS HOPEFUL THAT COMPANIES WILL TAKE
ADVANTAGE OF THIS PROVISION AND BENEFIT FROM THE EXPERIENCE OF EACH
OTHER IN THE RESOURCE RECOVERY FIELD.
WITH RESOURCE RECOVERY SYSTEMS WHICH ARE HIGH IN CAPITAL COST,
MISTAKES IN DESIGN CAN RESULT IN HIGHER COSTS TO THE RESOURCE RECOVERY
FIELD. WITH RESOURCE RECOVERY SYSTEMS WHICH ARE HIGH IN CAPITAL COST,
MISTAKES IN DESIGN CAN RESULT IN HIGHER COSTS TO THE PURCHASER OF THE
SYSTEMS AND ULTIMATELY TO THE CITIZEN WHO MUST PAY FOR WASTE DISPOSAL.
THROUGH THE DEPARTMENT OF COMMERCE FORUM, THE COMMITTEE HOPES TO PROVIDE
A MECHANISM WHEREBY EXPERIENCE IN THE FIELD CAN BE SHARED AND THE
FREQUENCY AND COSTS OF TECHNOLOGICAL MISCALCULATIONS CAN BE LIMITED.
MEETINGS SPONSORED BY THE DEPARTMENT WOULD BE OPEN TO ALL PARTIES
WITH AN INTEREST IN DISCARDED MATERIALS MANAGEMENT WITH NOTICE OF THE
MEETINGS BEING SERVED TO THE ATTORNEY GENERAL AND THE FEDERAL TRADE
COMMISSION. ALL MEETINGS WOULD BE SUPERVISED BY A REPRESENTATIVE OF THE
DEPARTMENT OF COMMERCE.
A RECORD OF ALL SUCH MEETINGS IS REQUIRED AND IS MADE AVAILABLE TO
THE ATTORNEY GENERAL AND THE FEDERAL TRADE COMMISSION SHOULD THEY WISH
TO REVIEW THE PROCEEDINGS FOR POSSIBLE ANTITRUST VIOLATIONS OUTSIDE THE
EXEMPTION OFFERED BY THIS SECTION.
AGREEMENTS ENTERED INTO AS A RESULT OF THE COMMERCE SPONSORED
MEETINGS MUST BE SUBMITTED TO THE ATTORNEY GENERAL AND TO THE FEDERAL
TRADE COMMISSION TWENTY DAYS BEFORE BEING IMPLEMENTED. THIS PROVIDES
ADEQUATE OPPORTUNITY TO SEEK A RESTRAINING ORDER SHOULD THE ACTION BE
CONTRARY TO THE NATIONAL INTEREST. AGREEMENTS IMPLEMENTED UNDER THIS
SECTION WILL BE AVAILABLE FOR PUBLIC INSPECTION EXCEPT FOR THAT
INFORMATION WHICH CONSITUTES PROPRIETARY INFORMATION OR TRADE SECRETS
PROTECTED FROM DISCLOSURE UNDER EXISTING LAW.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 049 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110687
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HOUSE
PERSONS ENTERING AGREEMENTS UNDER THIS SECTION SHALL HAVE AVAILABLE
TO THEM A DEFENSE TO ANY CIVIL OR CRIMINAL ACTION BROUGHT UNDER THE
ANTITRUST LAWS, PROVIDED THAT THE AGREEMENT WAS NOT ENTERED INTO FOR THE
PURPOSE OF INJURING COMPETITION.
THE BURDEN OF PROOF WILL BE CARRIED BY THE PERSON INTERPOSING THE
DEFENSE PROVIDED BY THIS SECTION EXCEPT WHERE THE ACTIONS ARE ALLEGED TO
HAVE BEEN TAKEN FOR THE PURPOSE OF INJURING COMPETITION.
THE QUESTION OF WHAT ARE THE RESPONSIBILITIES OF FEDERAL GOVERNMENT
FACILITIES TO THE IMPLEMENTATION OF FEDERAL, STATE AND LOCAL
ENVIRONMENTAL LAWS HAS GENERATED CONTROVERSY; LEGISLATIVE, EXECUTIVE
AND JUDICIAL ACTION; AND A SUPREME COURT DECISION. THERE STILL REMAIN
AMBIGUITIES AS TO WHAT SUCH RESPONSIBILITIES ARE AND WHO SHOULD TAKE
ACTION AGAINST FEDERAL FACILITIES THAT ARE IRRESPONSIBLE.
THE HISTORY OF THIS CONTROVERSY STEMS FROM SECTION 118 OF THE CLEAN
AIR ACT AMENDMENTS OF 1979 AND SECTION 313 OF THE WATER POLLUTION
CONTROL ACT AMENDMENTS OF 1972. BOTH SECTIONS PROVIDE THAT FEDERAL
FACILITIES COMPLY WITH STATE REQUIREMENTS REPECTING AIR AND WATER
POLLUTION TO THE SAME EXTENT AS NONFEDERAL FACILITIES. SEVERAL STATES
BROUGHT SUIT AGAINST THE FEDERAL GOVERNMENT FOR NOT COMPLYING WITH THE
STATE PERMIT SYSTEM AND OTHER STATE PROCEDURAL MATTERS. THE FEDERAL
AGENCIES INVOLVED REFUSED TO ACQUIRE THE STATE PERMITS, TO SUBMIT
ON-SITE INSPECTIONS BY STATE INSPECTORS AND IN SOME CASES REFUSED TO
MEET COMPLIANCE SCHEDULES AND EMISSION LIMITS. THE QUESTION BEFORE THE
COURTS WAS WHETHER AND TO WHAT EXTENT FEDERAL FACILITIES MUST COMPLY
WITH STATE AND LOCAL ENVIRONMENTAL LAWS.
AFTER SEVERAL CIRCUIT COURTS OF APPEAL REACHED CONFLICTING DECISIONS
THE UNITED STATES SUPREME COURT HEARD THE CASES AND ISSUED DECISIONS IN
HANCOCK V. TRAIN, U.S. SUPREME COURT, NO. 74-220 (JUNE 7, 1976) AND
ENVIRONMENTAL PROTECTION AGENCY N. CALIFORNIA, U.S. SUPREME COURT, NO.
74-1435 (JUNE 7, 1976).
THE EFFECT OF BOTH DECISIONS IS THAT FEDERAL FACILITIES MUST COMPLY
WITH LOCAL POLLUTION STANDARDS AT THE LEVEL SET BY THE STATES, HOWEVER,
THE SUPREME COURT FOUND THAT THERE WAS NO CONGRESSIONAL INTENTION THAT
FEDERAL FACILITIES BE SUBJECTED TO EVERY MEASURE INCORPORATED IN A STATE
PLAN DESIGNED TO LIMIT POLUTION. MOREOVER, THE COURT FOUND THAT
CONGRESS INTENDED TO TREAT SUBSTANTIVE STATE REQUIREMENTS DIFFERENT FROM
PROCEDURAL REQUIREMENTS. THE FEDERAL FACILITY WAS ONLY RESPONSIBLE FOR
MEETING THE SUBSTANTIVE REQUIREMENTS. THE COURT ALSO FOUND THAT THE
CITIZEN SUIT PROVISIONS FOUND IN THE AIR AND WATER ACTS WERE THE ONLY
MEANS FOR THE STATE TO REMEDY NON-COMPLIANCE BY FEDERAL FACILITIES WITH
THE ENVIRONMENTAL STANDARDS ESTABLISHED BY THE STATES PURSUANT TO SUCH
ACTS.
BECAUSEOF THE CONTROVERSY BETWEEN THE STATES AND FEDERAL FACILITIES,
THE ADMINISTRATIVE CONFERENCE OF THE UNITED STATES UNDERTOOK A REVIEW OF
THIS PROBLEM AS IT EFFECTS ALL THE FEDERAL ENVIRONMENTAL LAWS AND
SUBMITTED A COPY OF ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF
THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE ON JULY 24, 1975. THE
TEXT OF THE LETTER AND RECOMMENDATIONS FOLLOWS.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 050 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110688
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WASHINGTON, D.C., JULY 21, 1975.
HON. FRED B. ROONEY. CHAIRMAN, COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE, SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE. RAYBURN HOUSE
OFFICE BUILDING, WASHINGTON, D.C.
DEAR CHAIRMAN ROONEY; AT ITS TWELFTH PLENARY SESSION, THE
ADMINISTRATIVE CONFERENCE ADOPTED RECOMMENDATION 75 1: PROCEDURES TO
ENSURE COMPLIANCE BY FEDERAL FACILITIES WITH ENVIRONMENTAL QUALITY
STANDARDS. FOR YOUR CONSIDERATION, I AM ENCLOSING A COPY OF THE
RECOMMENDATION AS WELL AS THE STAFF REPORT ON WHICH THE RECOMMENDATION
IS BASED.
THE RECOMMENDATION IS ADDRESSED TO PROBLEMS OBSERVED IN THE
PROCEDURES NOW EMPLOYED TO ENSURE THAT OVER TWENTY THOUSAND FEDERAL
FACILITIES ARE IN FULL COMPLIANCE WITH NATIONAL, STATE OR LOCAL
ENVIRONMENTAL QUALITY STANDARDS. THE REPORT SHOWS THAT DESPITE
EXECUTIVE ORDER 11752 AND AN EXTENSIVE OMB PROGRAM DESIGNED TO INSTALL
AND IMPROVE POLLUTION ABATEMENT EQUIPMENT, THERE REMAIN INSTANCES OF
NONCOMPLIANCE BY FEDERAL FACILITIES. MOREOVER, THERE ARE UNJUSTIFIABLE
VARIATIONS AMONG THE ENFORCEMENT PROCEDURES IF EACH OF THE DIFFERENT
PROGRAMS DESIGNED FOR POLLUTION CONTROL IN AIR, WATER, NOISE, SOLID
WASTE AND OCEAN DUMPING.
THE RECOMMENDATION IS DIVIDED INTO TWO PARTS. THE FIRST PART
PROPOSES THAT A SINGLE FEDERAL AGENCY BE DELEGATED EXCLUSIVE AUTHORITY
TO DEVELOP AND ADMINISTER PROCEDURES TO ENSURE COMPLIANCE BY FEDERAL
FACILITIES WITH NON-FEDERAL ENVIRONMENTAL QUALITY STANDARDS. SINCE THE
UNDERLYING STATUTES IN THE ENVIRONMENTAL AREA VARY, THIS PART OF THE
RECOMMENDATION IS DIVIDED BETWEEN THOSE STATUTES WHICH ALREADY REQUIRE
FULL COMPLIANCE BY FEDERAL FACILITIES WITH NON-FEDERAL ENVIRONMENT
QUALITY STANDARDS (I.E., THE CLEAN AIR ACT, THE NOISE CONTROL ACT, THE
FEDERAL WATER POLLUTION CONTROL ACT) AND THE AREA WHERE CONGRESS HAS YET
TO REQUIRE THAT FEDERAL FACILITIES COMPLY WITH NON-FEDERAL ENVIRONMENTAL
QUALITY STANDARDS, NAMELY, SOLID WASTE DISPOSAL.
THE SECOND PART OF THE RECOMMENDATION ADDRESSES THE WIDE VARIETY OF
PROCEDURES NOW EMPLOYED IN THE DIFFERENT COMPLIANCE PROGRAMS. IT
SUGGESTS THAT THESE PROCEDURES ENSURE, AS A MINIMUM, (1) LOCAL PUBLIC
NOTICE AND NOTICE TO LOCAL OFFICIALS, (2) OPPORTUNITY FOR A PUBLIC
HEARING, NOT NECESSARILY OF THE ADJUDICATORY TYPE, AND (3) AUTHORITY FOR
THE PRESIDING OFFICER AT ANY SUCH HEARING TO MAKE RECOMMENDATIONS
CONCERNING COMPLIANCE.
THE PROCEDURES ALL EXIST WITH RESPECT TO THE OCEAN DUMPING PERMIT
PROGRAM ADMINISTERED BY THE ENVIRONMENTAL PROTECTION AGENCY. HOWEVER,
THEY ARE LACKING IN VARIOUS DEGREES IN THE PROCEDURES NOW EMPLOYED UNDER
EPA'S WATER DISCHARGE PERMIT PROGRAM AND UNDER EPA'S GUIDELINES FOR
FEDERAL AGENCY COMPLIANCE WITH STATIONARY AIR POLLUTION STANDARDS. NO
PROCEDURES EXIST UNDER THE NOISE CONTROL PROGRAM.
IN THE COURSE OF THE STUDY AND COMMITTEE CONSIDERATION WHICH PRECEDED
ADOPTION OF THIS RECOMMENDATION, THE PROPOSALS IT CONTAINS WERE
CIRCULATED FOR COMMENTS TO ALL MAJOR FEDERAL AGENCIES WHICH OWN OR
OPERATE FEDERAL FACILITIES. IN GENERAL, THE COMMENTS RECEIVED STRONGLY
ENDORSED THE THRUST OF THIS RECOMMENDATION.
I WOULD APPRECIATE BEING ADVISED OF YOUR COMMITTEE'S REACTION TO THIS
RECOMMENDATION. I WOULD ALSO APPRECIATE LEARNING OF ANY PROPOSED
LEGISLATION WHICH ADDRESSES THE PROBLEMS IN THIS AREA.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 051 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110689
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REPORT STUDY
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IF MY OFFICE CAN BE OF ASSISTANCE WITH RESPECT TO NEW OR EXISTING
PROPOSED LEGISLATION, PLEASE LET ME KNOW.
ROBERT A. ANTHONY, CHAIRMAN.
ENCLOSURE.
BY FEDERAL FACILITIES WITH ENVIRONMENTAL QUALITY
STANDARDS
(ADOPTED JUNE 5-6, 1975)
THE FEDERAL GOVERNMENT OWNS OR OPERATES OVER 20,000 FACILITIES,
RANGING FROM HUGE MILITARY ESTABLISHMENTS, NATIONAL PARKS, AND SYSTEMS
OF PRISONS AND VETERANS' HOSPITALS TO INDIVIDUAL FISH HATCHERIES. COAST
GUARD STATIONS AND RESEARCH LABORATORIES. ALL OF THESE FACILITIES ARE
REQUIRED BY FEDERAL LAW TO COMPLY WITH ENVIRONMENTAL QUALITY STANDARDS
ESTABLISHED BY NATIONAL, STATE OR LOCAL LAW.
AS PART OF THE FEDERAL ENVIRONMENTAL PROTECTION PROGRAM, A 1973
EXECUTIVE ORDER DIRECTS FEDERAL AGENCIES TO ASSESS THEIR POLLUTION
CONTROL NEEDS, DEVELOP PLANS FOR IMPROVEMENT AND SUBMIT THOSE PLANS AND
NECESSARY BUDGET REQUESTS FOR INCLUSION IN THE PRESIDENT'S ANNUAL
BUDGET. THIS PROGRAM HAS ACHIEVED SIGNIFICANT RESULTS. APPROXIMATELY
$2.4 BILLION HAS BEEN EXPENDED OVER THE PAST EIGHT YEARS TO IMPROVE AND
INSTALL POLLUTION ABATEMENT EQUIPMENT AT FEDERAL FACILITIES.
NONETHELESS, INSTANCE OF NONCOMPLIANCE BY FEDERAL FACILITIES HAVE
PERSISTED. MOREOVER, THERE ARE WIDE VARIATIONS AMONG THE RESPECTIVE
PROGRAMS CONCERNED WITH AIR, WATER, NOISE, SOLID WASTE AND OCEAN
DUMPING, IN THE OPENNESS AND EFFECTIVENESS OF THE PROCEDURES FOR
SECURING FEDERAL FACILITY COMPLIANCE.
THE CLEAN AIR ACT, THE FEDERAL WATER POLLUTION CONTROL ACT, AND THE
NOISE CONTROL ACT EACH REQUIRE AGENCIES WITH CONTROL OVER FEDERAL
FACILITIES TO COMPLY WITH BOTH FEDERAL AND NONFEDERAL POLLUTION CONTROL
STANDARDS "TO THE SAME EXTENT (AS) ANY PERSON," UNLESS OTHERWISE
EXEMPTED BY STATUTE. THE MARINE PROTECTION ACT REQUIRES ALL "PERSONS,"
INCLUDING FEDERAL OFFICIALS, TO OBTAIN A FEDERAL PERMIT BEFORE DUMPING
WASTE MATERIAL IN THE OCEAN. UNDER THE SOLID WASTE DISPOSAL ACT,
FEDERAL AGENCIES NEED COMPLY ONLY WITH THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY'S GUIDELINES, WHICH ARE LESS STRINGENT THAN THOSE OF
SOME STATES AND LOCALITIES.
THE FEDERAL AIR, WATER, NOISE CONTROL, AND SOLID WASTE STATUTES DO
NOT ESTABLISH OR SPECIFICALLY AUTHORIZE PROCEDURES FOR THEIR ENFORCEMENT
WHERE FEDERAL FACILITIES ARE CONCERNED. THIS PROBLEM IS ACUTE WHEN
CONSIDERING NONFEDERAL ENVIRONMENTAL QUALITY STANDARDS, WHICH CONSTITUTE
THE BULK OF THE ENVIRONMENTAL STANDARDS FEDERAL FACILITIES MUST MEET,
BECAUSE THE NONFEDERAL EFFORTS TO IMPOSE THEIR ENFORCEMENT PROCEDURES
HAVE BEEN CHALLENGED BY FEDERAL AGENCIES.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 052 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110690
H503-46
REPORT STUDY
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TWO UNITED STATES COURTS OF APPEALS HAVE REACHED OPPOSITE CONCLUSIONS
CONCERNING THE AUTHORITY OF STATES TO REQUIRE FEDERAL FACILITIES TO
OBTAIN AIR EMISSION CONTROL PERMITS REQUIRED OF ALL NON-FEDERAL SOURCES
OF AIR POLLUTION; A THIRD COURT OF APPEALS HAS HELD THAT FEDERAL
FACILITIES MUST COMPLY WITH STATE PERMIT REQUIREMENTS WITH RESPECT TO
WATER QUALITY. BUT ANY DECISION, EVEN OF THE SUPREME COURT, WILL LEAVE
SUBSTANTIAL PROCEDURAL PROBLEMS. IF THE AUTHORITY OF THE STATES TO
IMPOSE THEIR PERMIT AND OTHER ENFORCEMENT PROCEDURES UPON FEDERAL
FACILITIES IS UPHELD, SOME AGENCIES WILL HAVE TO COMPLY WITH A MULTITUDE
OF DIFFERENT STATE AND LOCAL PROCEDURES. BECAUSE OF THE INSUFFICIENCIES
OF THE STATUTORY PROVISIONS, A RESULT DENYING SUCH AUTHORITY TO THE
STATES WOULD LEAVE ONLY THE PRESENT FRAGMENTARY AND INEFFECTIVE FEDERAL
PROCEDURES TO ENSURE THE COMPLIANCE OF FEDERAL FACILITIES WITH
ENVIRONMENTAL QUALITY STANDARDS.
1. (A) THE CLEAN AIR ACT, THE NOISE CONTROL ACT AND THE FEDERAL WATER
POLLUTION CONTROL ACT SHOULD BE AMMENDED TO VEST IN A SINGLE FEDERAL
AGENCY THE EXCLUSIVE AUTHORITY TO DEVELOP AND ADMINISTER PROCEDURES TO
ENSURE COMPLIANCE BY FEDERAL FACILITIES WITH NONFEDERAL ENVIRONMENTAL
QUALITY STANDARDS. THAT AGENCY SHOULD CONSIDER THE USE OF EMISSION
CONTROL PERMITS WHERE THEY ARE NOT NOW EMPLOYED.
(B) IF THE CONGRESS AMENDS THE SOLID WASTE DISPOSAL ACT TO REQUIRE
THAT FEDERAL FACILITIES COMPLY WITH NONFEDERAL ENVIRONMENTAL QUALITY
STANDARDS, THE AMENDMENT SHOULD VEST IN THE SINGLE FEDERAL AGENCY
REFERRED TO IN PARAGRAPH (A) EXCLUSIVE AUTHORITY TO DEVELOP AND
ADMINISTER PROCEDURES FOR COMPLIANCE WITH SUCH STANDARDS BY FEDERAL
FACILITIES.
2. PROCEDURES EMPLOYED TO ENSURE COMPLIANCE BY FEDERAL FACILITIES
WITH STATE, INTERSTATE AND LOCAL ENVIRONMENTAL QUALITY STANDARDS SHOULD
PROVIDE FOR (I) LOCAL PUBLIC NOTICE AND NOTICE TO LOCAL OFFICIALS, (II)
OPPORTUNITY FOR A PUBLIC HEARING (BUT NOT FOR A TRIAL-TYPE HEARING
EXCEPT ON ISSUES OF SPECIFIC FACT THAT THE AGENCY FINDS MAY BEST BE
RESOLVED BY TRIAL-TYPE HEARING), AND (III) AUTHORITY FOR THE PRESIDING
OFFICER AT ANY SUCH HEARING TO MAKE RECOMMENDATIONS CONCERNING
COMPLIANCE.
WITH THIS BACKGROUND IN MIND THE COMMITTEE FOCUSED ON TWO QUESTIONS:
(1) WHAT STANDARDS RELATING TO DISCARDED MATERIALS AND HAZARDOUS WASTE
SHOULD APPLY TO FEDERAL FACILITIES, AND (2) WHO SHOULD ENFORCE SUCH
STANDARDS.
TO ANSWER SUCH QUESTIONS THE COMMITTEE MAKES CLEAR IN SECTION 601 OF
THE REPORTED BILL THAT THE GLIDELINES ISSUED PURSUANT TO TITLE IV OF THE
REPORTED BILL, BY THE ADMINISTRATOR, FOR THE DEVELOPMENT OF STATE
DISCARDED MATERIAL PLANS, SHALL BECOME THE STANDARDS FOR DISCARDED
MATERIALS MANAGEMENT APPLICABLE TO FEDERAL FACILITIES. EACH GUIDELINE
ISSUED BY THE ADMINISTRATOR PURSUANT TO TITLE IV BECOMES THE SUBSTANTIVE
AND PROCEDURAL STANDARDS TO BE IMPLEMENTED BY A FEDERAL FACILITY.
THE COMMITTEE'S PURPOSE IN ADOPTING THIS APPROACH, RATHER THAN
SUBJECTING FEDERAL FACILITIES TO STATE AND LOCAL REQUIREMENTS IS THAT
FOR ALL FEDERAL FACITITIES THE STANDARDS FOR IDSCARDED MATERIAL
MANAGEMENT WILL BE UNIFORM RATHER THAN SUBJECT TO THE REQUIREMENTS OF
THE 50 STATE PLANS. USING THE TITLE IV STANDARDS AS REQUIREMENTS FOR
ALL FEDERAL FACILITIES THE FEDERAL FACILITIES SHOULD BECOME THE LEADERS
IN DISCARDED MATERIALS MANAGEMENT. THE DEVELOPMENT OF AN PROCEDUARAL
PROCESS FOR ALL FEDERAL FACILITIES WILL ASSIST IN RAPID PLANNING AND
DEVELOPMENT.
WITH RESPECT TO THE PROVISIONS RELATING TO HAZARDOUS WASTE PLANNING,
THE STANDARDS PROMULGATED BY THE ADMINISTRATOR PURS AT TO TITLE III OF
THIS ACT, WILL ALSO BE BOTH THE SUBSTANTIVE AND PROCEDUARAL REQUIREMENTS
TO BE FOLLOWED BY ALL FEDERAL FACILITIES.
ALTHOUGH TITLE III PERMITS STATES TO IMPOSE MORE STRINGENT HAZARDOUS
WASTE STANDARDS ON NON-FEDERAL PERSONS SUBJECT TO THIS ACT, IT DOES NOT
APPLY TO FEDERAL FACILITIES. FEDERAL FACILITIES ARE REQUIRED TO MEET
ALL OF THE PROCEDURAL AND SUBSTANTATIVE REQUIREMENTS DEVELOPED BY THE
ADMINISTRATOR PURSUANT TO TITLE III OF THIS ACT. THIS MEANS THAT ALL
FEDERAL FACILITIES ARE REQUIRED TO MAKE THE PROPER FILINGS, OBTAIN THE
PROPER PERMITS AND FOLLOW ALL OTHER REQUIREMENTS OF TITLE III, BOTH
SUBSTANTIVE AND PROCEDURAL.
THE SECOND QUESTION ADDRESSED BY THE COMMITTEE RELATING TO
ENFORCEMENT, REQUIRES THE ENVIRONMENTAL PROTECTION AGENCY TO ENFORCE
AGAINST OTHER FEDERAL AGENCIES THE REQUIREMENTS ISSUED UNDER TITLE III
AND IV OF THIS ACT. NOT ONLY IS EPA TO ENFORCE THE SUBSTANTIVE
PROVISIONS BUT IT IS ALSO TO DEVELOP PROCEDURES TO INSURE COMPLIANCE BY
THE FEDERAL AGENCIES WITH THE OTHER REQUIREMENTS OF THIS ACT.
BY ADOPTING THE APPROACH OF HAVING A SINGLE FEDERAL AGENCY ADMINISTER
AND ENFORCE THE DISCARDED MATERIALS AND HAZARDOUS WASTE PROGRAMS AGAINST
FEDERAL AGENCIES, THE COMMITTEE ELIMINATES MANY OF THE PROBLEMS INHERENT
IN EXISTING ENVIRONMENTAL LAWS.
FIRST, THERE ARE CLEAR STANDARDS, BOTH SUBSTANTIVE AND PROCEDURAL,
FOR FEDERAL AGENCIES TO FOLLOW.
SECOND, THERE IS A CLEAR METHOD OF ENFORCEMENT OF SUCH STANDARDS BY
THE ENVIRONMENTAL PROTECTION AGENCY AND THROUGH CITIZEN SUITS AGAINST
THE FEDERAL FACILITY OR EPA IF SUCH STANDARDS ARE NOT FOLLOWED.
4 THIRD, STATE OFFICIALS WOULD BE RELIEVED OF THE ALMOST IMPOSSIBLE
BURDENS OF ENFORCING FEDERAL ENVIRONMENTAL LAWS AGAINST FEDERAL
POLLUTERS.
THE USE OF THE SINGLE AGENCY TO ADMINISTER AND ENFORCE THIS ACT
AGAINST FEDERA FACILITIES IS SUPPORTED BY THE ADMINISTRATIVE CONFERENCE
OF THE UNITED STATE IN ITS REPORT OF JULY 21, 1975, WHICH STATES AT
PAGES 53-56.
HAVING UNCOVERED A PREVALENT MOOD OF DISCONTENT COUPLED WITH A
VARIETY OF INCONSISTENT COURT OPINIONS, IT SEEMS INCUMBENT ON THE
ANALYST TO INQUIRE WHETHER THE INTERGOVERNMENTAL STRIFE AND LEGAL
DISPUTES ARE AVOIDABLE. IF AN ALTERNATIVE SET OF ENFORCEMENT PROCEDURES
WOULD AVOID THESE DIFFICULT PROBLEMS, THEN THAT ALTERNATIVE MERITS
SERIOUS CONSIDERATION. ONE SUCH ALTERNATIVE IS FOR CONGRESS TO DELEGATE
EXPRESS AUTHORITY TO A SINGLE FEDERAL AGENCY (EPA) TO ESTABLISH
ENFORCEMENT PROCEDURES (PREFERABLY PERMITS) WHICH ENSURE FEDERAL
FACILITIES COMPLY WITH ENVIRONMENTAL QUALITY STANDARDS. A STATUTORY
DELEGATION OF SUCH AUTHORITY WOULD DISSOLVE THE QUESTION OF FEDERAL
SUPREMACY AND SOVEREIGN IMMUNITY. IN FACT, AS MENTIONED ABOVE, MANY
STATE OFFICIALS WOULD WELCOME THE REMOVAL FROM THEIR SHOULDERS OF THE
BURDEN OF ENFORCING ENVIRONMENTAL QUALITY STANDARDS AGAINST FEDERAL
FACILITIES.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 053 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110691
H503-46
REPORT STUDY
HOUSE
STATE AND LOCAL OFFICIALS REPEATEDLY INDICATED IN INTERVIEW WITH THIS
REPORTED THEIR WILLINGNESS TO TRANSFER FEDERAL FACILITY ENFORCEMENT
PROBLEMS TO AN EFFECTIVE FEDERAL LEVEL ENFORCEMENT PROGRAM . . .
SEVERAL REASONS SUPPORT THIS SUGGESTION FOR A FEDERAL ENFORCEMENT
PROGRAM. PERHAPS FOREMOST AMONG THOSE REASONS IS THE NOTION THAT THE
FEDERAL GOVERNMENT SHOULD TEND ITS OWN FENCES. PHRASED IN THE
ALTERNATIVE, WHY MUST AN ENVIRONMENTAL PROGRAM CONGRESS HAS APPLIED TO
FEDERAL FACILITIES RELY ON STATE AND LOCAL OFFICIALS, PLUS INTERESTED
CITIZENS, TO ENSURE COMPLIANCE. COMMON SENSE IN PUBLIC ADMINISTRATION
SUGGESTS THAT THE "FRONT LINE" OF ENFORCEMENTS BE MAINTAINED BY THE
LEVEL OF GOVERNMENT POSING THE PROBLEM. OMB CIRCULAR A-106 ALREADY
IMPOSES THE RESPONSIBILITIES ON FEDERAL AGENCIES TO ASSESS PROBLEMS,
DEVELOP PLANS AND BUDGETS, AND IMPLEMENT IMPROVEMENTS. SOUND MANAGEMENT
SUGGESTS THAT SAME LEVEL OF GOVERNMENT SHOULD INVESTIGATE AND ENFORCE
COMPLIANCE AS NECESSARY.
SHOULD THE FEDERAL GOVERNMENT FAIL TO EFFECTIVELY POLICE ITS OWN
FACILITIES, THERE EXISTS IN FOUR OF THESE STATUTES A CITIZEN SUIT
PROVISION WHICH PROVES A "SECOND LINE" OF ENFORCEMENT BY NON-FEDERAL
OFFICIALS OR INTERESTED CITIZENS. THESE CITIZEN SUIT PROVISIONS ARE
VALUABLE FOR PLUGGING HOLES THAT DEVELOP IN A FEDERAL ENFORCEMENT
PROGRAM. HOWEVER, THEY SHOULD NOT BE RELIED UPON AS A PRIMARY SOURCE OF
SURVEILLANCE AND ENFORCEMENT . . .
FROM AN EFFICIENCY VIEWPOINT THE IDEA IS ALSO EXTREMELY ATTRACTIVE.
IT WOULD RELIEVE AGENCIES WITH FACILITIES NATIONWIDE FROM THE
MULTIPLICITY OF COMPLIANCE WITH FORMS AND PROCEDURES CREATED BY EACH OF
50 STATES, PLUS NUMEROUS LOCAL AGENCIES. IT WOULD BE A RELATIVELY
SIMPLE MATTER TO IMPLEMENT NEW ENFORCEMENT PROCEDURES AT EPA, GIVEN THE
EXISTENCE AND EXPERIENCE OF (1) THE OFFICE OF FEDERAL ACTIVITIES IN
RECEIVING AND REVIEWING BUDGET REQUESTS FROM THE AGENCIES FACED WITH
NEEDS FOR POLLUTION CONTROL EQUIPMENT PURSUANT TO OMB CIRCULAR A-106,
AND (2) ONGOING ISSUANCE TO FEDERAL AGENCIES OF NYDES AND OCEAN DUMPING
PERMITS . . .
BUT THE FACT REMAINS, MOST AGENCIES HAVE NOT RAISED MAJOR OBJECTIONS.
IN FACT, THE RESPONSE FROM AGENCIES ASKED TO COMMENT ON AN EARLIER
DRAFT OF THIS REPORT REVEALED NEARLY UNANIMOUS WILLINGNESS TO ACCEPT THE
PROPOSITION OF A SINGLE FEDERAL AGENCY WITH THE AUTHORITY TO ENFORCE
ENVIRONMENTAL QUALITY STANDARDS. WITH RESPECT TO THE PROCEDURAL
REQUIREMENTS ALREADY IMPOSED BY EPA UNDER THE OCEAN DUMPING PROGRAM, NO
FORMAL OPPOSITION HAS ARISEN. NO AGENCY HAS YET CHALLENGED THE PERMITS
ISSUED. NOR HAS THERE BEEN BUT ONE INSTANCE (IN REGION IV) WHERE A
FEDERAL AGENCY HAS OPPOSITION TO EPA WATER DISCHARGE PERMITS. THAT
OPPOSITION WAS QUICKLY RESOLVED. THE AGENCIES SEEM GENUINELY TO FAVOR A
SINGLE ENFORCEMENT AGENCY AT THE FEDERAL LEVEL RATHER THAN A MYRIAD OF
STATE AND LOCAL ENFORCEMENT PROGRAM REQUIREMENTS."
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 054 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110692
H503-46
REPORT STUDY
HOUSE
AFTER CONSIDERING ALL ASPECTS OF THE JURISDICTIONAL ENFORCEMENT
PROBLEM, THE COMMITTEE DECIDED TO RETAIN SOVEREIGN IMMUNITY OVER FEDERAL
FACILITIES. HOWEVER, IN ORDER TO BE AN ENVIRONMENTAL LEADER IN
DISCARDED MATERIALS AND HAZARDOUS WASTE MANAGEMENT, THE COMMITTEE
REQUIRES FEDERAL AGENCIES TO IMPLEMENT ALL STANDARDS DEVELOPED BY EPA
PURSUANT TO THIS ACT IN THE TREATMENT OF WASTES.
IF EITHER RESOURCE RECOERY, OR SOURCE SEPARATION IS TO BE USED AS A
STRATEGY FOR REDUCING THE VOLUME OF WASTE WHICH MUST BE DISPOSED OF,
ADEQUATE MARKETS FOR THE RECOVERED MATERIALS MUST BE ESTABLISHED.
ALTHOUGH THE INDEX OF SUBSTITUTIOON MANDATED IN THIS ACT WILL HELP
ELIMINATE UNFOUNDED BIASES AGAINST RECOVERED MATERIALS, ITS ACCEPTANCE
CAN BE EXPECTED TO TAKE SOME TIME UNLESS SOME ADDITIONAL STIMULUS TO
THAT ACCEPTANCE IS PROVIDED. THE COMMITTEE BELIEVES THAT THE USE OF
FEDERAL PURCHASING POWER TO PROVIDE THIS STIMULUS REPRESENTS A
CONSTRUCTIVE USE OF GOVERNMENT POWER WHICH HAS 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
FOR REASONS OTHER THAN NECESSARY PERFORMANCE REQUIREMENTS. 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 AGED 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.
THIS SECTION PROVIDES THAT THE BILL WHEN ENACTED MAY BE CITED AS THE
"RESOURCE CONSERVATION AND RECOVERY ACT OF 1976," AND IT ALSO CONTAINS
THE TABLE OF CONTENTS FOR THE BILL.
THIS SECTION CONTAINS THE COMMITTEES' FINDINGS THAT DISCARDED
MATERIAL HAVE AN IMPACT ON ENVIRONMENT AND HEALTH, MATERIALS, AND
ENERGY.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 055 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110693
H503-46
REPORT STUDY
HOUSE
WITH RESPECT TO ENVIRONMENT AND HEALTH THE COMMITTEE FINDS THAT
ALTHOUGH LAND IS AVALUABLE AND SCARCE NATURAL RESOURCES, MOST DISCARDED
MATERIALS ARE DISPOSED ON ON THE LAND IN AN UNPLANNED MANNER.
SUCH UNPLANNED METHODS OF DISPOSAL ARE HARMFUL TO THE ENVIRONMENT AND
HUMAN HEALTH.
IN ADDITION, THE COMMITTEE FINDS THAT OTHER STATE AND FEDERAL
ENVIRONMENTAL LAWS HAVE CREATED GREATER AMOUNTS OF DISCARDED MATERIAL
FOR DISPOSAL ON THE LAND, WHILE CONCURRENTLY INADEQUATE METHODS OF
DISPOSAL OF DISCARDED MATERIALS ON THE LAND HAVE CREATED GREATER AMOUNTS
OF AIR AND WATER POLLUTION, AND THE ENVIRONMENTAL PROBLEMS. FURTHER,
THAT OPEN DUMPING IS PARTICULARLY HARMFUL TO THE NATIONS UNDERGROUND AND
SURFACE WATER SUPPLIES AND THE HAZARDOUS WASTE PRESENTS SPECIAL HAZARDS
TO HEALTH IN ADDITION TO THOSE PROBLEMS CAUSED BY OTHER DISCARDED
MATERIALS.
FINALLY, WITH RESPECT TO ENVIRONMENTAL AND HEALTH, THE COMMITTEE
FINDS THAT THERE USABLE ALTERNATIVES TO EXISTING METHODS OF LAND
DISPOSAL.
WITH RESPECT TO MATERIALS, THE COMMITTEE FINDS THAT MILLIONS OF TONS
OF RECOVERABLE MATERIALS ARE DISPOSED OF NEEDLESSLY ON THE GROUND AND
THAT METHODS TO RECOVER SUCH MATERIALS ARE AVAILABLE, AND THAT SUCH
RECOVERY WOULD REDUCE THE UNITED STATES DEPENDENCE ON FOREIGN RESOURCES.
WITH RESPECT TO ENERGY THE COMMITTEE FINDS THAT DISCARDED MATERIALS
REPRESENT A POTENTIAL SOURCE OF ENERGY AND THAT TECHNOLOGY EXISTS TO
PRODUCE SUCH ENERGY.
THE OBJECTIVES OF THE ACT ARE TO PROTECT HUMAN HEALTH AND THE
ENVIRONMENT, TO CONSERVE VALUABLE MATERIALS, AND TO PRODUCE ENERGY FROM
DISCARDED MATERIALS BY ESTABLISHING A COOPERATIVE EFFORT BETWEEN THE
FEDERAL AND LOCAL GOVERNMENTS, WHICH INCLUDES FEDERAL TECHNICAL AND
FINANCIAL ASSISTANCE, TO COORDINATE AND PLAN A SYSTEM TO RECOVER
RESOURCES AND ENERGY FROM DISCARDED MATERIALS AND TO DEVELOP METHODS FOR
THE PROPER DISPOSAL OF THOSE DISCARDED MATERIALS NOT THE SUBJECT OF
ENERGY OR MATERIALS RECOVERY.
OTHER OBJECTS OF THIS LEGISLATION ARE TO PROHIBIT OPEN DUMPING AND TO
REGULATE THE TREATMENT, TRANSPORTATION, STORAGE AND DISPOSAL OF
HAZARDOUS WASTE.
THIS SECTION DEFINES THE TERMS USED IN THE BILL. MOST DEFINITIONS IN
THE BILL ARE SELF-EXPLANATORY, A FEW OF THE DEFINITIONS ARE OF
PARTICULAR IMPORTANCE AND MERIT DISCUSSION BECAUSE OF THE INTRIEACIES OF
SUCH DEFINITIONS.
THE TERM "IMPLEMENTATION" IS DEFINED SO AS NOT TO INCLUDE THE
ACQUISITION, LEASING, CONSTRUCTION, OR MODITICATION OF FACILITIES OR
EQUIPMENT OR THE ACQUISITION, LEASING, OR IMPROVEMENT OF LAND. AFTER
DECEMBER 31, 1979 SALARIES OF EMPLOYEES DUE PURSUANT TO TITLE IV OF THIS
ACT, WILL NOT BE INCLUDED UNDER IMPLEMENTATION.
THE TERM "LONG-TERM CONTRACT" IS LIMITED TO THE ONE SITUATION, THE
SUPPLY OF DISCARDED MATERIALS TO A RESOURCE RECOVERY FACILITY.
THE TERM "PERSON" IS SELF-EXPLANATORY EXCEPT THAT SECTION 601 (B) HAS
FOR PURPOSES OF TITLE VI THE TERM PERSON TO INCLUDE ANY DEPARTMENT,
AGENCY OR INSTRUMENTALITY OF THE UNITED STATES.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 056 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110694
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THE TERM "PROCURING AGENCY" IS LIMITED TO THOSE FEDERAL, STATE OR
LOCAL POLITICAL SUBDIVISIONS WHICH USED FEDERALLY APPROPRIATED FUNDS.
SUBSECTION (A) PROVIDES THAT IN ORDER FOR THE ACT TO BE PROPERLY
IMPLEMENTED, INTERSTATE AGREEMENTS MAY BE NECESSARY, AND THAT IN SUCH
CASES, THE GOVERNORS IN ALL INVOLVED STATES MUST CONSENT TO SUCH
AGREEMENTS.
SUBSECTION (B) REQUIRES THE CONSENT OF CONGRESS WHEN TWO OR MORE
STATES ENTER INTO AGREEMENTS, AND NEGOTIATE COMPACTS TO IMPLEMENT THE
PURPOSES OF THIS ACT.
WITH OTHER ACTS
SUBSECTION (A) PROVIDES THAT NOTHING IN THIS ACT SHALL BE CONSTRUED
TO APPLY TO ANY ACTIVITY OR SUBSTANCE WHICH IS SUBJECT TO THE FEDERAL
WATER POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT OR THE ATOMIC
ENERGY ACT OF 1954 EXCEPT TO THE EXTENT THAT SUCH PROVISION OR
REGULATION IS NOT INCONSISTENT WITH THE REQUIREMENTS OF SUCH ACTS.
SUBSECTION (B) PROVIDES THAT THE ADMINISTRATOR SHALL ATTEMPT, TO THE
MAXIMUM EXTENT PRACTICABLE, TO COORDINATE THE ADMINISTRATION AND
ENFORCEMENT OF THIS ACT WITH THE OTHER ENVIRONMENTAL LAWS UNDER THE
AUTHORITY OF THE ADMINISTRATOR.
THIS SECTION ESTABLISHED WITHIN THE ENVIRONMENTAL PROTECTION AGENCY
AN OFFICE OF DISCARDED MATERIALS, TO BE HEADED BY A DEPUTY ASSISTANT
ADMINISTRATOR, WITH RESPONSIBILITY, OTHER THAN SUCH DUTIES AND
RESPONSIBILITIES RELATING TO RESEARCH AND DEVELOPMENT, FOR THE
IMPLEMENTATION OF THIS ACT AND THE SOLID WASTE DISPOSAL ACT OF 1965.
SUBSECTION (A) LISTS THE AUTHORITIES OF THE ADMINISTRATOR WHICH ARE:
1. TO PRESCRIBE REGULATIONS TO CARRY OUT ITS FUNCTIONS UNDER THIS
ACT.
2. PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE TO STATE, LOCAL OR
REGIONAL DISCARDED MANAGEMENT AUTHORITIES FOR THE DEVELOPMENT OF A
DISCARDED MATERIAL PLAN OR HAZARDOUS WASTE PROGRAM.
4. CONSULT WITH GROUPS INTERESTED IN THE DISCARDED MATERIALS
AGENCIES THAT PERFORM RESEARCH AND CONDUCT STUDIES FOR RESOURCE
CONSERVATION AND RECOVERY.
SUBSECTION (B) REQUIRES THE ADMINISTRATOR TO REVIEW EACH REGULATION
PROMULGATED UNDER THIS ACT, AND WHERE APPROPRIATE REVISE SUCH
REGULATION, NOT LESS THAN EVERY THREE YEARS.
THIS SECTION AUTHORIZES THE ADMINISTRATOR, UNLESS HE AUTHORIZES THE
ATTORNEY GENERAL TO UNDERTAKE SUCH ACTION, TO COMMENCE OR DEFEND AND
SUPERVISE THE CIVIL LITIGATION AND SUCH APPEALS, INCLUDING APPEALS TO
THE SUPREME COURT, THAT ARE BROUGHT TO IMPLEMENT AND ENFORCE THE
PROVISIONS OF THIS ACT AS THEY RELATE TO THE FEDERAL FACILITIES.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 057 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110695
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DISSEMINATION OF INFORMATION.
SUBSECTION (A) REQUIRES THE ADMINISTRATOR TO DEVELOP AND EVALUATE
INFORMATION ON, METHODS AND COSTS OF COLLECTION AND OTHER DISCARDED
MATERIALS MANAGEMENT PRACTICES, METHODS TO REDUCE THE AMOUNT OF
DISCARDED MATERIAL GENERATED, EXISTING AND DEVELOPING TECHNOLOGIES FOR
THE RECOVERY OF ENERGY OR MATERIALS FROM DISCARDED MATERIALS, HAZARDOUS
WASTE, METHODS OF FINANCING RESOURCE RECOVERY FACILITIES, SANITARY
LANDFILL, OR SOLID WASTE TREATMENT FACILITIES AND THE AVAILABILITY OF
MARKETS FOR RECOVERED MATERIALS AND ENERGY.
SUBSECTION (B) ESTABLISHES A CENTRAL REFERENCE LIBRARY AND PROCEDURES
OF THE DISSEMINATION OF INFORMATION RELATING TO ALL ASPECTS OF DISCARDED
MATERIALS AND HAZARDOUS WASTE MANAGEMENT. SUCH INFORMATION MAY BE
AVAILABLE SUBJECT TO REASONABLE CHARGES SO AS TO DEFRAY EXPENSES AND IS
SUBJECT TO THE PROVISIONS OF TITLE 18 OF THE U.S. CODE RELATING TO
CONTIDENTIALITY.
SUBSECTION (C) PERMITS THE ADMINISTRATOR IN COOPERATION WITH THE
APPROPRIATE STATE OR MUNICIPAL AGENCIES, TO RECOMMEND MODEL CODES,
ORDINANCES OR STATES RELATING TO DISCARDED MATERIAL MANAGEMENT AND
PLANNING.
SUBSECTION (D) REQUIRES THE ADMINISTRATOR TO DEVELOP AND PUBLISH A
RECOMMENDED MODEL COST AND REVENUE ACCOUNTING SYSTEM APPLICABLE TO
COLLECTION, DISPOSAL AND OTHER DISCARDED MATERIALS MANAGEMENT FUNCTIONS
SO THAT THE TRUE COSTS OF THE COLLECTION AND DISPOSAL OF DISCARDED
MATERIALS CAN BE DETERMINED.
SUBSECTION (C) REQUIRES THE ADMINISTRATOR TO COLLECT AND MAKE
AVAILABLE INFORMATION CONCERNING THE RESEARCH, DEVELOPMENT, FEASIBILITY
AND OPERATION OF RESOURCE RECOVERY AND CONSERVATION FACILITIES, AND
OTHER TECHNICAL, MANAGERIAL, FINACIAL, ECONOMIC AND MARKET FACTORS.
SUBSECTION (A) ESTABLISHED WITHIN THE OFFICE OF DISCARDED MATERIALS.
RESOURCE CONSERVATION AND RECOVERY PANELS TO BE COMPOSED OF FOUR
MEMBERS.
ONE MEMBER WITH EXPERTISE IN FINANCING RESOURCE FACILITIES, ONE WITH
EXPERTISE IN MARKETING THE PRODUCTS OF RESOURCE RECOVERY FACILITIES, ONE
WITH TECHNICAL EXPERTISE AND ONE WITH KNOWLEDGE RELATING TO THE LEGAL
AND INSTITUTIONAL BARRIERS OF RESOURCE RECOVERY FACILITIES. SUCH
MEMBERS ARE TO BE EMPLOYEES OF EPA OR ANY OTHER FEDERAL AGENCY INVOLVED
IN RESOURCE RECOVERY.
SUBSECTION (B) REQUIRES THAT THE PANELS ASSIST STATE, LOCAL, OR
REGIONAL AUTHORITIES IN PLANNING FOR CONSTRUCTION AND OPERATION OF
RESOURCE RECOVERY FACILITIES AND PROGRAMS RELATING TO RESOURCE
CONSERVATION.
SUBSECTION (A) REQUIRES THE ADMINISTRATOR TO STUDY AND REPORT ON
MINING WASTE. THE ADMINISTRATOR IS DIRECTED TO INCLADE IN THE STUDY AND
REPORT THE SOURCES AND VOLUME OF SUCH WASTES GENERATED EACH YEAR,
PRESENT DISPOSAL PRACTICES, POTENTIAL DANGERS TO HUMAN HEALTH AND
ENVIRONMENT FROM SURFACE RUNOFF, LEACHATE AND AIR POLLUTION BY DUST FROM
SUCH WASTES, ALTERNATIVES TO CURRENT DISPOSAL METHODS FROM SUCH WASTES
AND THE COSTS AND THE POTENTIAL OF SUCH WASTE BEING UTILIZED AS A
SECONDARY SOURCE OF THE MINE PRODUCTS.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 058 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110696
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SUBSECTION (B) AUTHORIZES $500,000,00 FOR EACH OF THE FISCAL YEARS
1978 AND 1979.
SUBSECTION (A) REQUIRES THE ADMINISTRATOR TO STUDY AND REPORT ON
SLUDGE. THE REPORT IS TO INCLUDE THE TYPES OF SLUDGE, INCLUDING SEQAGE,
AND POLLUTION TREATMENT RESIDUES, RESIDUES FROM INDUSTRIAL OPERATIONS,
AND THE EXTRACTION OF OIL FROM SHALE AND COAL SLURRY PIPELINE
OPERATIONS.
FURTHER, THE ADMINISTRATOR IS REQUIRED TO STUDY THE EFFECTS OF AIR
AND WATER POLLUTION REGULATION ON THE INCREASE IN THE VOLUME OF SLUDGE,
AND THE AMOUNT OF SLUDGE ORIGINATING IN EACH STATE AND THE INDUSTRIES
PRODUCTING SUCH SLUDGE.
SUBSECTION (B) AUTHORIZES $500,000,00 FOR EACH OF THE FISCAL YEARS
1978 AND 1979 TO CARRY OUT THIS SECTION.
SUBSECTION (A) REQUIRES THE ADMINISTRATOR TO MAKE AVAILABLE GRANTS
EQUAL TO 5 PERCENT OF THE PURCHASE PRICE OF TIRE SHREADDERS TO ELIGIBLE
APPLICANTS MEETING CRITERIA DEVELOPED UNDER THIS SECTION. PRIVATE
PURCHASERS ARE TO RECEIVE PRIORITY OVER PUBLIC PURCHASERS, THERE IS TO
BE WIDESPREAD GEOGRAPHIC DISTRIBUTION OF THE GRANTS FOR THE PURCHASE OF
TIE SHREDDING FACILITIES, THE NEED FOR SUCH FACILITIES WITHIN A
GEOGRAPHIC AREA, AND THE PROJECTED RISK AND VIABILITY OF ANY SUCH
VENTURE ARE TO BE THE STANDARDS FOR THE DISTRIBUTION OF SUCH GRANTS.
SUBSECTION (B) AUTHORIZES $750,000,00 FOR EACH OF THE FISCAL YEARS
1978 AND 1979 TO CARRY OUT THIS SECTION.
UNDER THIS SECTION THE ADMINISTRATOR IS REQUIRED, WITHIN 90 DAYS OF
THE END OF EACH FISCAL YEAR, TO MAKE A REPORT OF THE ACTIVITIES OF THE
OFFICE, INCLUDING SPECIFIC AND DETAILED RESULTS OF THE ACTIVITIES AND
PROGRAMS CONDUCTED BY THE OFFICE UNDER THIS ACT, AND THE EFFECTIVENESS
OF SUCH ACTIVITIES IN MEETING THE OBJECTIVES OF THIS ACT. THE REPORT IS
TO INCLUDE A SUMMARY OF THE OUTSTANDING DISCARDED MATERIAL PROBLEMS AND
RECOMMENDATIONS THAT WOULD ASSIST THE ADMINISTRATOR TO SOLVE SUCH
PROBLEMS.
SUBSECTION (A) AUTHORIZES $46,256,000 FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1978 AND $51,250,000 FORTHE FISCAL YEAR ENDING SEPTEMBER
30, 1979.
SUBSECTION (B) REQUIRES THAT NOT LESS THAN 20 PERCENT OF THE AMOUNT
APPROPRIATED UNDER SUBSECTION (A) SHALL BE USED SOLELY FOR THE PURPOSES
OF THE RESOURCE CONSERVATION AND RECOVERY PANELS.
SUBSECTION (C) REQUIRES THAT NOT LESS THAN 30 PERCENT OF THE AMOUNT
APPROPRIATED UNDER SUBSECTION (A) SHALL BE USED ONLY FOR THE PURPOSE OF
CARRYING OUT THE HAZARDOUS WASTE TITLE OF THE BILL.
HAZARDOUS WASTE
SUBSECTION (A) REQUIRES THAT WITHIN 18 MONTHS AFTER ENACTMENT, THE
ADMINISTRATOR, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING AND AFTER
CONSULTATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES, PROMULGATE
CRITERIA FOR IDENTIFYING HAZARDOUS WASTES, TAKING INTO ACCOUNT THE
TOXICITY OF THE SUBSTANCE, ITS PERSISTENCE AND DEGRADABILITY IN NATURE,
ITS POTENTIAL FOR ACCUMULATION IN TISSUE, AND OTHER RELATED FACTORS SUCH
AS FLAMMABILITY, CORROSIVENESS, AND OTHER HAZARDOUS CHARACTERISTICS.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 059 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110697
H503-46
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SUBSECTION (B) REQUIRES THAT WITHIN 18 MONTHS AFTER ENACTMENT, AFTER
NOTICE AND PUBLIC HEARINGS, THE ADMINISTRATOR SHALL PROMULGATE
REGULATIONS IDENTIFYING AND SPECIFICALLY LISTING THOSE HAZARDOUS WASTES
SUBJECT TO THIS TITLE. SUCH REGULATIONS ARE TO BE BASED ON THE CRITERIA
PROMULGATED UNDER SUBSECTION (A).
SUBSECTION (C) PERMITS THE GOVERNO OF ANY STATE TO PETITION THE
ADMINISTRATOR TO IDENTIFY OR LIST A DISCARDED MATERIAL AS HAZARDOUS.
THE ADMINISTRATOR MUST ACT UPON SUCH PETITION WITHIN 90 DAYS, AND NOTIFY
THE GOVERNOR OF HIS ACTION.
OF HAZARDOUS WASTE
THIS SECTION PROVIDES THAT WITHIN 18 MONTHS AFTER ENACTMENT, AFTER
NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, AND AFTER CONSULTATION WITH
APPROPRIATE FEDERAL AND STATE AGENCIES, THE ADMINISTRATOR IS REQUIRED TO
PROMULGATE REGULATIONS ESTABLISHING STANDARDS FOR GENERATORS THAT ARE
SUFFICIENT TO PROTECT HUMAN HEALTH AND ENVIRONMENT.
SUCH STANDARDS ARE TO ESTABLISH REQUIREMENTS RESPECTING RECORD
KEEPING PRACTICES, LABELING PRACTICES FOR CONTAINERS, IDENTIFYING
APPROPRIATE CONTAINERS FOR HAZARDOUS WASTE AND THE FURNISHING OF
INFORMATION CONCERNING THE GENERAL CHEMICAL COMPOSITION OF HAZARDOUS
WASTE TO PERSONS TRANSPORTING, TREATING, STORING, OR DISPOSING OF IT.
THE MANIFEST SYSTEM IS REQUIRED TO INSURE THAT ALL HAZARDOUS WASTE
GENERATED WHICH IS DESIGNATED FOR TREATMENT, OR STORAGE, OR DISPOSAL AT
A FACILITY, OTHER THAN THE PLACE OF GENERATION, BE PROPERLY DELIVERED TO
A FACILITY WITH A PERMIT ISSUED UNDER SECTIONS 305 OR 306. THE
SUBMISSION OF REPORTS TO THE ADMINISTRATOR OR THE APPROPRIATE STATE
AGENCY, SETTING OUT THE QUANTITIES OF HAZARDOUS WASTE ACCEPTED AND ITS
DISPOSITION AND THAT OF OTHER MATERIALS UNDER SEC. 301 IS ALSO REQUIRED.
OF HAZARDOUS WASTE
SUBSECTION (A) PROVIDES THAT NOT LESS THAN 18 MONTHS AFTER ENACTMENT,
AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARINGS, AND AFTER CONSULTATION
WITH THE SECRETARY OF TRANSPORTATION, AND THE STATES, THE ADMINISTRATOR
SHALL PROMULGATE REGULATIONS ESTABLISHING STANDARDS FOR THE
TRANSPORTATION OF HAZARDOUS WASTES NECESSARY TO REASONABLY PROTECT THE
HUMAN HEALTH AND THE ENVIRONMENT. THE STANDARDS ARE TO INCLUDE, BUT NOT
BE LIMITED TO, RECORD KEEPING, THE TRANSPORT WASTE ONLY IF PROPERLY
LABELED, AND COMPLIANCE WITH THE SECTION 302 MANIFEST SYSTEM INITIATED
BY THE GENERATOR OF SUCH HAZARDOUS WASTES, AND THE REQUIREMENT THAT
HAZARDOUS WASTE BE TAKEN ONLY TO A FACILITY THAT HAS AN AUTHORIZED
PERMIT.
SUBSECTION (B) REQUIRES COORDINATION BETWEEN THE ADMINISTRATOR AND
THE SECRETARY OF TRANSPORTATION FOR THE REGULATION OF HAZARDOUS
MATERIALS TRANSPORTATION.
THE ADMINISTRATOR IS AUTHORIZED TO MAKE RECOMMENDATIONS TO THE
SECRETARY RESPECTING REGULATION OF HAZARDOUS WASTE TRANSPORTATION AND
THOSE WASTES THAT THE ADMINISTRATOR BELIEVES SHOULD BE ADDED TO THE
SECRETARY'S LIST OF HAZARDOUS WASTES WHEN TRANSPORTED.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 060 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110698
H503-46
REPORT STUDY
HOUSE
THIS SECTION PROVIDES THAT WITHIN 18 MONTHS OF ENACTMENT, AFTER
NOTICE AND OPPORTUNITY FOR PUBLIC HEARINGS, AND AFTER CONSULTATION WITH
APPROPRIATE FEDERAL AND STATE AGENCIES, THE ADMINISTRATOR IS REQUIRED TO
PROMULGATE REGULATIONS APPLICABLE TO THE OPERATORS OF FACILITIES FOR THE
TREATMENT, STORAGE OR DISPOSAL OF HAZARDOUS WASTE, THAT REASONABLY
PROTECT HUMAN HEALTH AND THE ENVIRONMENT. SUCH STANDARDS ARE TO
INCLUDE, BUT NOT LIMITED TO REQUIREMENTS RESPECTING THE MAINTAINING A
RECORD AS TO THE WASTE TREATED, STORED, OR DISPOSED OF; MONITORING AND
INSPECTION, PROVISIONS FOR THE TREATMENT, STORAGE OR DISPOSAL AND
PERFORMANCE STANDARDS FOR SUCH OPERATIONS AND REQUIREMENTS CONCERNING
THE OWNERSHIP, CONTINUITY, OPERATION AND TRAINING OF PERSONNEL, AND THE
FINANCIAL RESPONSIBILITY OF OWNERS AND OPERATORS, AND COMPLIANCE WITH
THE PERMIT REQUIREMENTS OF THIS TITLE.
SUBSECTION (A) REQUIRES, THAT WITHIN 18 MONTHS OF ENACTMENT, THE
ADMINISTRATOR IS TO PROMULGATE REGULATIONS REQUIRING EACH PERSON OWNING
OR OPERATING A FACILITY FOR THE TREATMENT, STORAGE, OR DISPOSAL OF
HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS TITLE TO OBTAIN A PERMIT
FOR SUCH FACILITY. SUCH REGULATIONS SHALL TAKE EFFECT AS PROVIDED BY
SECTION 310.
SUBSECTION (B) REQUIRES THAT EACH APPLICATION FOR PERMIT CONTAIN
INFORMATION AS REQUIRED BY THE ADMINISTRATOR AND THAT SUCH INFORMATION
SHALL INCLUDE THE COMPOSITION, QUANTITY, AND CONCENTRATIONS OF ANY
HAZARDOUS WASTES IDENTIFIED OR LISTED UNDER THIS TITLE THAT ARE TO BE
DISPOSED OF, TREATED, OR STORED AT SUCH FACILITY, AND THE SITE OF WHICH
SUCH IDENTIFIED OR LISTED HAZARDOUS WASTES WILL BE DISPOSED OF, TREATED,
STORED, OR TRANSPORTED TO.
SUBSECTION (C) DIRECTS THE ADMINISTRATOR OR APPROPRIATE STATE AGENCY
TO ISSUE THE PERMIT TO SUCH FACILITY, IF THE FACILITY COMPLIES WITH ALL
THE PROMULGATED REGULATIONS.
SUBSECTION (D) REQUIRES THAT UPON A DETERMINATION BY THE
ADMINISTRATOR OR IF APPROPRIATE THE STATE, OF A FACILITY BEING IN
NON-COMPLIANCE WITH THE REGULATIONS PROMULGATED PURSUANT TO SECTION 304,
THAT THE ADMINISTRATOR OR APPROPRIATE STATE, SHALL REVOKE SUCH PERMIT.
SUBSECTION (A) REQUIRES THE ADMINISTRATOR, WITH 18 MONTHS AFTER
ENACTMENT TO PROMULGATE GUIDELINES TO ASSIST THE STATES DEVELOP
HAZARDOUS WASTE PROGRAMS.
SUBSECTION (B) PERMITS A STATE THAT CHOOSES TO ADMINISTER AND ENFORCE
THE HAZARDOUS WASTE PROGRAM, EXCEPT WITH RESPECT TO FEDERAL FACILITIES
WITHIN ITS STATE, TO DEVELOP AND SUBMIT TO THE ADMINISTRATOR THE STATE
PROGRAM TO BE ADMINISTERED IN LIEU OF THE FEDERAL PROGRAM. AFTER
SUBMISSION OF THE PROGRAM THE STATE IS AUTHORIZED TO CARRY IT OUT UNLESS
THE ADMINISTRATOR, WITHIN 90 DAYS AFTER NOTICE AND HEARING THE
ADMINISTRATOR FINDS THAT (1) THE STATE PROGRAM IS NOT EQUIVALENT TO THE
FEDERAL PROGRAM, (2) THE STATE PROGRAM IS INCONSISTENT WITH THE FEDERAL
PROGRAM OR OTHER STATE PROGRAMS, OR (3) THE STATE PROGRAM DOES NOT
PROVIDE ADEQUATE ENFORCEMENT PROCEDURES.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 061 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110699
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SUBSECTION (C) PROVIDES FOR AN INTERIM STATE AUTHORIZATION TO CARRY
OUT EXISTING STATE HAZARDOUS WASTE PROGRAMS WITH RESPECT TO FEDERAL
FACILITIES THAT ARE IN EFFECT ON THE DATE OF ENACTMENT OF THIS ACT AND
THAT ARE SUBSTANTIALLY EQUIVALENT TO THE FEDERAL PROGRAMS, FOR A PERIOD
OF 24 MONTHS AFTER THE HAZARDOUS WASTE REGULATIONS ARE PROMULGATED BY
THE ADMINISTRATOR. TO QUALIFY FOR SUCH INTERIM AUTHORIZATION, A STATE
MUST SUBMIT ITS PROGRAM WITHIN 90 DAYS AFTER THE ADMINISTRATOR
PROMULGATES HIS REGULATIONS PURSUANT TO SECTIONS 302, 303, 304 AND 305.
IF THE SUBMITTED STATE PROGRAM IS SUBSTANTIALLY EQUIVALENT TO THE
FEDERAL PROGRAM THEN THE ADMINISTRATOR IS REQUIRED TO GRANT THE INTERIM
AUTHORIZATION.
SUBSECTION (D) PROVIDES THAT ANY ACTION TAKEN BY A STATE UNDER THE
HAZARDOUS WASTE PROGRAM AUTHORIZED BY THIS SECTION SHALL HAVE THE SAME
FORCE AND EFFECT AS IF THE ACTION WAS TAKEN BY THE ADMINISTRATOR.
SUBSECTION (C) PROVIDES THAT THE ADMINISTRATOR, AFTER PUBLIC
HEARINGS, CAN WITHDRAW A STATES AUTHORIZATION TO ADMINISTER THE
HAZARDOUS WASTE PROGRAM IF THE ADMINISTRATOR NOTIFIES THE STATE AND
AFTER A PUBLIC HEARING, FINDS THAT CORRECTIVE ACTION HAS NOT BEEN TAKEN
WITHIN 90 DAYS BY THE STATE.
SUBSECTION (A) PROVIDES THAT ANY PERSON WHO GENERATES, STORES,
TREATS, TRANSPORTS OR DISPOSES OF HAZARDOUS WASTES SHALL, UPON THE
REQUEST OF AN EPA OFFICER, OR APPROPRIATE STATE OFFICIAL, FURNISH ASSESS
TO AND SAMPLES OF, SUCH IDENTIFIED OR LISTED HAZARDOUS WASTE AND SHALL
ALLOW COPYING OF THE RECORDS RELATING TO SUCH WASTE, AT A REASONABLE
TIME AND UNDER REASONABLE CONDITIONS.
EACH INSPECTION SHALL BE COMPLETED WITH REASONABLE PROMPTNESS AND
PRIOR TO LEAVING THE PREMISES THE INSPECTOR SHALL GIVE THE OWNER,
OPERATOR OR AGENT A RECEIPT DESCRIBING THE SAMPLES OBTAINED, AND IF
REQUESTED A PORTION OF EACH SAMPLE EQUAL IN WEIGHT AND VOLUMNE TO THE
PORTION RETAINED.
SUBSECTION (B) PROVIDES THAT ANY RECORDS OBTAINED IN AN INSPECTION
SHALL BE AVAILABLE TO THE PUBLIC, EXCEPT UPON A SHOWING SATISFACTORY TO
THE ADMINISTRATOR BY ANY SUCH PERSON THAT SUCH RECORDS, IF MADE PUBLIC,
WOULD DIVULGE INFORMATION ENTITLED TO PROTECTION UNDER SECTION 1905 OF
TOTLE 18 OF THE U.S. CODE, RELATING TO DISCLOSURE OF CONFIDENTIAL
INFORMATION.
SUBSECTION (A) PROVIDES THAT ON THE BASIS OF INFORMATION OF A
VIOLATION OF ANY PART OF THIS TITLE, THE ADMINISTRATOR SHALL GIVE NOTICE
TO THE VIOLATOR OF HIS FAILURE TO COMPLY, AND IF THE VIOLATION EXTENDS
BEYOND 30 DAYS AFTER THE ADMINISTRATOR'S NOTIFICATION, THE ADMINISTRATOR
MAY THEN ISSUE AN ORDER REQUIRING COMPLIANCE WITHIN A SPECIFICED PERIOD,
OR MAY COMMENCE CIVIL ACTION IN THE UNITED STATES DISTRICT COURT FOR
APPROPRIATE RELIEF.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 062 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110700
H503-46
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IF THE VIOLATION OF ANY SUCH REQUIREMENT OCCURS WITHIN A STATE FOR
WHICH THE ADMINISTRATOR HAS AUTHORIZED THE STATE TO CARRY OUT THE
HAZARDOUS WASTE PROGRAM, THE ADMINISTRATOR SHALL GIVE NOTICE TO THE
STATE THAT SUCH VIOLATION HAS OCCURRED 30 DAYS PRIOR TO ISSUING AN ORDER
OR COMMENCING A CIVIL ACTION.
IF THE VIOLATOR HAS FAILED TO TAKE THE PROPER CORRECTIVE ACTION HE
SHALL BE LIABLE FOR A PENALTY OF NOT MORE THAN $25,000 PER DAY AND THE
ADMINISTRATOR MAY SUSPEND OR REVOKE THE VIOLATOR'S PERMIT.
SUBSECTION (B) PROVIDES THAT AN ORDER, SUSPENSION OR REVOCATION OF A
PERMIT, SHALL BECOME FINAL, UNLESS WITHIN 30 DAYS THE PERSON SUBJECT TO
SUCH ORDER, REVOCATION, SUSPENSION, REQUESTS A PUBLIC HEARING. IF SUCH
HEARING IS REQUESTED THE ADMINISTRATOR SHALL PROMPTLY GRANT IT AND MAY
ISSUE SUBPOENAS FOR THE ATTENDANCE OF WITNESSES OR THE PRODUCTION OF
DOCUMENTS.
SUBSECTION (C) PROVIDES THAT ANY COMPLIANCE ORDER ISSUED PERSUANT TO
THIS TITLE SHALL STATE THE NATURE OF THE VIOLATION, THE TIME FOR
COMPLIANCE AND THE PENALTY IF ANY.
THE PENALTY SHALL BE DETERMINED TAKING INTO ACCOUNT THE SERIOUSNESS
OF THE VIOLATION AND ANY GOOD FAITH EFFORT ON THE PART OF THE VIOLATOR
TO COMPLY.
SUBSECTION (D) PROVIDES CRIMINAL PENALTIES FOR THOSE WHO KNOWINGLY:
1. TRANSPORT ANY HAZARDOUS WASTE TO A FACILITY THAT DOES NOT HAVE A
PERMIT.
2. DISPOSE OF ANY HAZARDOUS WASTE WITHOUT HAVING A PERMIT.
3. MAKE A FALSE STATEMENT OR REPRESENTATION IN ANY APPLICATION,
LABEL, MANIFEST, RECORD, PERMIT OR OTHER DOCUMENT FILED IN COMPLIANCE
WITH THIS TITLE.
FOR THE FIRST OFFENCE, THE IS $25,000 PER DAY OF VIOLATION, OR
IMPRISONMENT NOT TO EXCEED ONE YEAR. UNDER A SECOND CONVICTION THE FINE
IS NOT MORE THAN $50,000 PER DAY OR TWO YEARS IN PRISONMENT, OR BOTH.
THIS SECTION PROVIDES THAT NO STATE OR POLITICAL SUBDIVISION MAY
IMPOSE REQUIREMENTS LESS STRINGENT THAN THOSE IMPOSED BY THIS TITLE,
EXCEPT IF APPLICATION OF A REGULATION HAS BEEN POSTPONED OR ENJOINED BY
COURT ACTION. FURTHER, NO STATE OR POLITICAL SUBDIVISION SHALL BE
PROHIBITED FROM ACTING WITH RESPECT TO THE ACTION POSTPONED OR ENJOINED
BY SUCH COURT ACTION. SUCH STATE SHALL BE ABLE TO ACT UNTIL THE
REGULATION TAKES EFFECT.
SUBSECTION (A) REQUIRES THAT NO LATER THAN 90 DAYS AFTER PROMULGATION
OR REVISION OF REGULATIONS PROMULGATED UNDER SECTION 301 RELATING TO
IDENTIFICATION OR LISTING OF HAZARDOUS WASTES, ANY PERSON GENERATING,
TRANSPORTING TO OR OWNING OR OPERATING A FACILITY FOR TREATMENT, STORAGE
OR DISPOSAL OF SUCH WASTES IDENTIFIED OR LISTED IN SECTION 301, SHALL
FILE WITH THE ADMINISTRATOR OR APPROPRIATE STATE A NOTIFICATION STATING
LOCATION AND DISCRIPTION OF SUCH ACTIVITY AND THE WASTE HANDLED.
WASTES IDENTIFIED OR LISTED PURSUANT TO SECTION 301 MAY NOT BE
TRANSPORTED, TREATED, STORED OR DISPOSED OF UNTIL NOTIFICATION HAS BEEN
GIVEN PURSUANT TO THIS SECTION.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 063 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
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SUBSECTION (B) REQUIRES THAT THE REGULATIONS PROMULGATED UNDER THIS
TITLE OR ANY REVISION OF SUCH REGULATIONS SHALL TAKE EFFECT 6 MONTHS
AFTER PROMULGATION.
SUBSECTION (A) AUTHORIZES $25 MILLION FOR EACH OF THE FISCAL YEARS
1978 AND 1979.
SUBSECTION (B) ALLOCATES SUCH FUNDS AMONG THE STATE ON THE BASIS OF
REGULATIONS PROMULGATED BY THE ADMINISTRATOR, TAKING INTO ACCOUNT THE
HAZARDOUS WASTE THAT IS GENERATED, TRANSPORTED, TREATED, STORED AND
DISPOSED OF IN EACH STATE, THE EXTENT OF HUMAN EXPOSURE TO SUCH WASTES
IN EACH STATE, AND THE ENVIRONMENT WITHIN SUCH STATE TO SUCH WASTES.
THE SECTION STATES THE OBJECTIVES OF THIS TITLE WHICH ARE TO ASSIST
STATES IN DEVELOPING METHODS OF DISPOSAL OF DISCARDED MATERIALS WHICH
ARE ENVIRONMENTALLY SOUND AND MAXIMIZE RESOURCE CONSERVATION AND
RECOVERY OF THE NATIONS RESOURCES. THE OBJECTIVES ARE TO BE
ACCOMPLISHED THROUGH FEDERAL FINANCIAL AND TECHNICAL ASSISTANCE,
COMPREHENSIVE PLANNING, AND COOPERATION AMONG ALL LEVELS OF GOVERNMENT.
SUBSECTION (A) REQUIRES THE ADMINISTRATOR, WITHIN 180 DAYS AFTER THE
DATE OF ENACTMENT, AND AFTER CONSULTATION WITH APPROPRIATE STATE AND
LOCAL AUTHORITIES, TO PUBLISH GUIDELINES IDENTIFYING THESE AREAS WHICH
HAVE COMMON DISCARDED MATERIALS PROBLEMS AND ARE APPROPRIATE UNITS FOR
PLANNING THE MANAGEMENT OF SUCH PROBLEMS.
THE GUIDELINES ARE TO CONSIDER THE SIZE AND LOCATION OF AREAS
INCLUDED, THE VOLUME OF DISCARDED MATERIALS WHICH SHOULD BE INCLUDED,
AND THE AVAILABLE MEANS TO COORDINATE THE PLAN WITH OTHER REGIONS AND
THE STATE PLAN.
SUBSECTION (B) REQUIRES THE ADMINISTRATOR, WITHIN 18 MONTHS AFTER
ENACTMENT AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL, STATE AND
LOCAL AUTHORITIES TO ISSUE GUIDELINES TO ASSIST THE STATE TO DEVELOP AND
IMPLEMENT THEIR DISCARDED MATERIALS PLAN. THE GUIDELINES ARE TO CONTAIN
METHODS TO ASSIST THE STATES ACHIEVE THE OBJECTIVES SPECIFIED IN SECTION
401. SUCH GUIDELINES ARE TO BE REVIEWED FROM TIME TO TIME BUT NOT LESS
FREQUENTLY THAN EVERY THREE YEARS.
SUBSECTION (C) REQUIRES THE ADMINISTRATOR IN THE DEVELOPMENT OF THE
STATE PLAN GUIDELINES, PURSUANT TO SUBSECTION (B), TO CONSIDER:
1. REGIONAL, GEOGRAPHIC, LANDROLIC, CLIMATIC, AND OTHER CONDITIONS,
AND CIRCUMSTANCES UNDER WHICH DISCARDED MATERIAL PRACTICES ARE OPERATED
AND REASONABLE PROTECTION OF THE QUALITY OF GROUND AND SURFACE WATERS
FROM LEACHATE CONTAMINATION.
2. CHARACTERISTICS AND CONDITIONS OF COLLECTIONS, STORAGE,
PROCESSING AND THE DISPOSAL OF DISCARDED MATERIALS AND THE LOCATION OF
SUCH FACILITIES AND THE OPERATIONS CONDUCTED.
3. METHODS OF CLOSING AND UPGRADING OPEN DUMPS FOR THE PURPOSES OF
ELIMINATING HEALTH HAZARDS.
4. POPULATION DENSITY.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 064 OF 90
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5. THE TYPES AND LOCATIONS OF TRANSPORTATION WITHIN THE STATE.
6. PROFILE OF INDUSTRIES WITHIN THE STATE.
7. CONSTITUENTS AND GENERATION OF WASTE WITHIN THE STATE.
8. POLITICAL, ECONOMIC, ORGANIZATIONAL AND FINANCIAL PROBLEMS
EFFECTING DISCARDED MATERIAL MANAGEMENT.
9. TYPES OF RESOURCE RECOVERY FACILITIES WHICH WOULD BE APPROPRIATE.
10. AVAILABLE NEW AND ADDITIONAL MARKETS FOR RECOVERED MATERIALS.
THIS SECTION PROVIDES THAT IN ORDER FOR A STATE PLAN TO BE APPROVED
THE PLAN MUST HAVE THE FOLLOWING MINIMUM REQUIREMENTS:
1. THAT IT IDENTIFY THE RESPONSIBILITY OF STATE, LOCAL AND REGIONAL
AUTHORITIES IN THE PLANNING AND IMPLEMENTATION OF THE STATE PLAN.
2. THAT THE DISTRIBUTION OF FEDERAL FUNDS TO SUCH STATES IS
REALLOCATED AMONG THE STATE, LOCAL AND REGIONAL AUTHORITIES ACCORDING TO
THE RESPONSIBILITY AT EACH LEVEL OF GOVERNMENT.
3. THERE IS A MEANS OF COORDINATING REGIONAL AND LOCAL PLANS WITH
STATE PLANS.
4. THAT THERE SHALL BE A PROHIBITION OF THE ESTABLISHMENT OF NEW
OPEN DUMPS, AND THAT ALL DISCARDED MATERIALS MUST BE UTILIZED BY A
RESOURCE RECOVERY FACILITY OR DISPOSED OF IN A SANITARY LANDFILL, OR
OTHERWISE DISPOSED OF IN AN ENVIRONMENTALLY SOUND MANNER.
5. THERE MUST BE A PLAN TO CLOSE OR UPGRADE ALL EXISTING OPEN DUMPS.
6. THE STATE MUST ESTABLISH REGULATORY POWERS TO CARRY OUT THE
DISCARDED MATERIALS PLAN.
7. THAT NO LOCAL GOVERNMENT SHALL BE PROHIBITED UNDER EITHER STATE
OR LOCAL LAW FROM ENTERING INTO LONG TERM CONTRACTS FOR THE SUPPLY OF
DISCARDED MATERIALS OR RESOURCE RECOVERY FACILITIES.
8. THE PLAN MUST PROVIDE THAT RESOURCE CONSERVATION AND RECOVERY OR
THE DISPOSAL OF MATERIALS IN SANITARY LANDFILLS, OR SUCH OTHER PRACTICES
AS MAY BE ENVIRONMENTALLY SOUND, OR ANY COMBINATION OF THE ABOVE MUST BE
UNDERTAKEN BY THE DISCARDED MATERIALS PLAN.
LANDFILLS REQUIRED FOR ALL DISPOSAL.
SUBSECTION (A) PROVIDES THAT NO LATER THAN 1 YEAR AFTER ENACTMENT OF
THE ACT AND AFTER NOTICE AND PUBLIC HEARINGS AND CONSULTATION WITH THE
STATES THE ADMINISTRATOR IS REQUIRED TO PROMULGATE REGULATIONS
CONTAINING CRITERIA FOR DETERMINING WHICH FACILITY IS TO BE CLASSIFIED
AS A SANITARY LANDFILL, AND WHICH SHALL BE CLASSIFIED AS A OPEN DUMP,
WITHIN THE MEANING OF THIS ACT. AT A MINIMUM A SITE CAN BE CLASSIFIED
AS A SANITARY LANDFILL ONLY IF THERE IS NO REASONABLE PROBABILITY OF
ADVERSE EFFECTS ON HEALTH OR THE ENVIRONMENT FROM THE DISPOSAL OF
DISCARDED MATERIAL AT SUCH SITE.
SUBSECTION (B) REQUIRES THAT ALL DISPOSAL ON LAND BE IN SANITARY
LANDFILLS.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 065 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110703
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SUBSECTION (C) PROVIDES THAT THE EFFECTIVE DATE IS TO BE 6 MONTHS
AFTER THE DATE OF PROMULGATION OF REGULATIONS OR ON APPROVAL OF THE
STATE PLAN, WHICHEVER IS LATER.
SUBSECTION (A) PROVIDES THAT FOR PURPOSES OF THIS ACT, TERM "OPEN
DUMP" MEANS THAT WHICH IS DISPOSED OF IN AN AREA WHICH IS NOT A
SANTITARY LANDFILL.
SUBSECTION (B) REQUIRES THAT THE ADMINISTRATOR WITHIN ONE YEAR AFTER
THE PROMULGATION OF THE REGULATIONS DEFINING A SANITARY LANDFILL UNDER
SECTION 404, WITH COOPERATION WITH THE BUREAU OF CENSUS, IS TO INVENTORY
AND PUBLISH THE INVENTORY OF ALL DISPOSAL FACILITIES OR SITES IN THE
UNITED STATES WHICH ARE CLASSIFIED AS OPEN DUMPS WITHIN THE MEANING OF
THIS ACT. SUCH INVENTORY IS TO CLASSIFY SUCH FACILITIES AND SITES ON A
STATE BY STATE BASIS INTO FIVE CATEGORIES BASED ON POTENTIAL HEALTH
HAZARDS.
SUBSECTION (C) REQUIRES THAT EACH STATE PLAN SHALL CONTAIN A
REQUIREMENT THAT ALL EXISTING DISPOSAL FACILITIES OR SITES OR DISPOSAL
MATERIALS WHICH ARE OPEN DUMPS WITHIN THE MEANING OF SECTION 404 ARE TO
BE ELIMINATED.
ALL SUCH FACILITIES OR SITES ARE TO BE ELIMINATED AT THE RATE OF 20%
A YEAR OF THE OPEN DUMPS IN EACH STATE, WITH THOSE POSING THE GREATEST
DEGREE OF HEALTH AND ENVIRONMENTAL HAZARDS ELIMINATED FIRST.
SUBSECTION (A) PROVIDES THAT WITHIN 180 DAYS AFTER THE PUBLICATION OF
THE ADMINISTRATOR'S GUIDELINES UNDER SECTION 402 RELATING TO THE
IDENTIFICATION OF REGIONS, THE GOVERNOR OF EACH STATE SHALL IDENTIFY THE
REGIONS IN HIS RESPECTIVE STATE BASED ON URBAN CONCENTRATION, GEOGRAPHIC
CONDITIONS, MARKETS OR OTHER FACTORS WHICH ARE APPROPRIATE FOR CARRYING
OUT A REGIONAL DISCARDED MATERIALS PLAN.
SUBSECTION (B) REQUIRES THAT WITHIN 180 DAYS AFTER THE GOVERNOR
PROMULGATES OR IDENTIFIES THE REGIONS WITHIN THE STATE, THAT THE STATE
TOGETHER WITH THE APPROPRIATE ELECTED OFFICIALS OF GENERAL PURPOSE UNITS
OF LOCAL GOVERNMENT ARE TO JOINTLY IDENTIFY AN AGENCY TO DEVELOP A STATE
PLAN AND IDENTIFY ONE OR MORE AGENCIES TO IMPLEMENT SUCH PLAN. HOWEVER,
IF AN AREAWIDE AUTHORITY IS IN EXISTENCE ON THE DATE OF ENACTMENT, WHICH
IS A MULTI-FUNCTIONAL REGIONAL AGENCY, AUTHORIZED BY STATE LAW TO
CONDUCT DISCARDED MATERIAL PLANNING AND MANAGEMENT AND THE MEMBERS ARE
APPOINTED BY THE GOVERNOR, THEN THE GOVERNOR SHALL IDENTIFY SUCH
AUTHORITY TO PLAN AND IMPLEMENT THE DISCARDED MATERIAL PLAN FOR SUCH
AREA.
SUBSECTION (C) REQUIRES THAT GOVERNMENTAL UNITS INVOLVED IDENTIFY
WHICH DISCARDED MATERIALS FUNCTIONS ARE TO BE PLANNED AND IMPLEMENTED BY
THE STATE, AND WHICH FUNCTIONS WILL BE PLANNED AND IMPLEMENTED BY A
REGIONAL OR LOCAL AUTHORITY OR ANY COMBINATION OF REGIONAL OR LOCAL
AUTHORITIES. A STATE AGENCY IDENTIFIED UNDER THIS SECTION SHALL BE
DESIGNATED BY THE GOVERNOR, AND LOCAL OR REGIONAL AGENCIES IDENTIFIED
UNDER THIS PARAGRAPH ARE TO BE COMPOSED OF INDIVIDUALS AT LEAST THE
MAJORITY OF WHOM ARE ELECTED LOCAL OFFICIALS.
FURTHER, THAT IF WITHIN 270 DAYS AFTER THE REGIONS HAVE BEEN
DETERMINED, THE STATES, LOCAL AND REGIONAL AUTHORITIES CANNOT AGREE UPON
THE GOVERNMENT AGENCY THAT IS TO PLAN AND IMPLEMENT THE DISCARDED
MATERIAL PLAN OF A REGION THEN THE GOVERNOR OF THE STATE SHALL DESIGNATE
A STATE AGENCY TO DEVELOP AND IMPLEMENT A DISCARDED MATERIAL PLAN FOR
SUCH AREA.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 066 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110704
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SUBSECTION (D) PROVIDES FOR THE CREATION OF INTERSTATE REGIONS
WHENEVER THE ADMINISTRATOR PUBLISHED PURSUANT TO SECTION 402 OF THIS
ACT, A REGION WHICH IS LOCATED IN TWO OR MORE STATES, THEN THE GOVERNORS
OF THE RESPECTIVE STATES, AFTER CONSULTATION WITH THE LOCAL AND REGIONAL
OFFICIALS, SHALL ATTEMPT TO ENTER INTO AN AGREEMENT IDENTIFYING THE
BOUNDARIES OF SUCH REGION, AS THE ADMINISTRATOR IDENTIFIED. FURTHER
THAT WITHIN 180 DAYS AFTER THE INTERSTATE REGION IS IDENTIFIED BY THE
AGREEMENT OF THE GOVERNORS, APPROPRIATE ELECTED OFFICIALS OF A GENERAL
PURPOSE UNIT OF LOCAL GOVERNMENT WITHIN SUCH REGION SHALL JOINTLY
ESTABLISH OR DESIGNATE AN AGENCY TO DEVELOP AND IMPLEMENT A PLAN FOR
SUCH REGION. IF NO SUCH AGENCY IS ESTABLISHED OR DESIGNATED BY SUCH
LOCAL OFFICIALS, THEN THE GOVERNORS OF THE RESPECTIVE STATES MAY BE
AGREEMENT ESTABLISH OR DESIGNATE A SINGLE REPRESENTATIVE ORGANIZATION,
INCLUDING ELECTED LOCAL OFFICIALS, TO PLAN AND IMPLEMENT THE DISCARDED
MATERIAL PLAN FOR THAT REGION. SUCH INTERSTATE REGIONAL DISCARDED
MATERIALS PLANS SHALL BE IMPLEMENTED BY UNITS OF LOCAL GOVERNMENT FOR
ANY PORTION OF THE REGION WHICH IS IN THEIR JURISDICTION OR BY
MULTI-JURISDICTIONAL AGENCIES OR AUTHORITIES DESIGNATED IN ACCORDANCE
WITH STATE LAW INCLUDING THOSE CREATED BY AGREEMENT OF THE LOCAL
AUTHORITIES THEN THE GOVERNORS OF THE RESPECTIVE STATE SHALL DESIGNATE A
SINGLE AGENCY TO PLAN AND IMPLEMENT THE PLAN.
SUBSECTION (A) REQUIRES THE ADMINISTRATOR, WITHIN 6 MONTHS AFTER A
STATE PLAN HAS BEEN SUBMITTED, TO APPROVE OR DISAPPROVE OF SUCH PLAN.
THE ADMINISTRATOR IS REQUIRED TO APPROVE THE PLAN IF HE DETERMINES: (1)
THAT IT MEETS THE MINIMUM REQUIREMENTS OF SECTION 403: (2) THAT THE
PLAN CONTAINS A PROVISION FOR REVISION OF SUCH PLAN WHENEVER THE
ADMINISTRATOR DETERMINES BY REGULATION REVISION IS NECESSARY OR
INFORMATION HAS BECOME AVAILABLE THAT DEMONSTRATES THE INADEQUACY OF THE
DISCARDED MATERIALS PLAN TO EFFECTUATE THE PURPOSES OF THIS TITLE.
FURTHER, THE ADMINISTRATOR IS DIRECTED TO REVIEW THE APPROVED PLANS
FROM TIME TO TIME AND IF HE DETERMINES THAT REVISIONS OR CORRECTIONS ARE
NECESSARY TO BRING THE PLAN INTO COMPLIANCE WITH WITH THE MINIMUM
REQUIREMENTS UNDER SECTION 403, THEN HE SHALL AFTER NOTICE AND PUBLIC
HEARING WITHDRAW HIS APPROVAL OF SUCH PLAN UNTIL SUCH TIME AS THE PLAN
IS IN COMPLIANCE WITH THE PROVISIONS OF THIS TITLE.
UNDER SUBSECTION (B) THE STATES ARE ELIGIBLE TO RECEIVE FEDERAL
FINANCIAL ASSISTANCE FOR PLANNING AND IMPLEMENTATION OF THE DISCARDED
MATERIALS PLAN IF, FOR THE FISCAL YEAR 1978 THE STATE HAS COMPLIED WITH
THE TIMING REQUIREMENTS OF SECTION 406 OR IF SUCH STATE HAS A PLAN WHICH
HAS ALREADY BEEN APPROVED BY THE ADMINISTRATOR. FOR A STATE TO BE
ELIGIBLE FOR FEDERAL FINANCAIL ASSISTANCE IN FISCAL YEAR 1979 THE STATE
MUST ALREADY HAVE RECEIVED ASSISTANCE IN FISCAL YEAR 1978 AND THE
ADMINISTRATOR DETERMINE THAT THE PLAN MEETS THE REQUIREMENTS OF THIS
TITLE AND THAT SUCH PLAN IS BEING IMPLEMENTED BY THE STATE.
UPON WITHDRAWAL OF APPROVAL, OR DISAPPROVAL OF A DISCARDED MATERIALS
PLAN BY THE ADMINISTRATOR, THE ADMINISTRATOR SHALL WITHHOLD FEDERAL
FINANCIAL AND TECHNICAL ASSISTANCE FROM SUCH STATE, EXCEPT THAT THE
ADMINISTRATOR IS AUTHORIZED TO ASSIST THE STATE WITH TECHNICAL
ASSISTANCE SO AS TO HELP THE STATE COME INTO COMPLIANCE WITH THE MINIMUM
REQUIREMENTS OF THIS TITLE.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 067 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110705
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SUBSECTION (C) STATES THAT NOTHING IN THIS TITLE IS TO BE CONSTRUED
TO PREVENT OR EFFECT ANY ACTIVITIES THAT ARE PRESENTLY BEING CARRIED OUT
BY A STATE, REGION, OR LOCAL AUTHORITY UNLESS SUCH ACTION IS
INCONSISTENT WITH THE STATE PLAN APPROVED BY THE ADMINISTRATOR UNDER
THIS TITLE.
SUBSECTION (A) AUTHORIZED $40 MILLION FOR FISCAL YEAR 1978 AND $50
MILLION FOR FISCAL YEAR 1979 TO BE AVAILABLE IN THE FORM OF GRANTS TO
THE STATES FOR THE DEVELOPMENT AND IMPLEMENTATION OF STATE PLANS UNDER
THIS TITLE.
SUBSECTION (B) PROVIDES THAT THE SUMS APPROPRIATED TO CARRY OUT THIS
TITLE SHALL BE ALLOCATED AMONG THE STATES, IN A RATIO THAT THE
POPULATION IN EACH STATE BEARS TO THE POPULATION IN ALL OF THE STATES.
EXCEPT THAT NO STATE SHALL RECEIVE LESS THAN ONE-HALF OF 1% OF THE SUMS
ALLOCATED IN ANY FISCAL YEAR. FURTHER, NO STATE IS ELIGIBLE TO RECEIVE
MONEY IF THE EXPENDITURES IN THAT STATE FOR A PARTICULAR YEAR FOR
DISCARDED MATERIALS MANAGEMENT ARE DECREASED, EXCEPT IF SUCH DECREASE IS
PART OF A GENERAL OVERALL REDUCTION IN STATE SPENDING ORDERED BY THE
GOVERNOR AND LEGISLATURE OF SUCH STATE.
FURTHER, THIS SUBSECTION MAKES CLEAR THAT THE FUNDS FOR PLANNING AND
IMPLEMENTATION ARE TO SUPPLEMENT THE LEVEL OF STATE, LOCAL, OR REGIONAL
FUNDS AVAILABLE FOR THE MAINTENANCE OF A DISCARDED MATERIALS PROGRAM,
AND ARE NOT TO BE THE SOLE SOURCE OF FUNDING.
SUBSECTION (C) PROVIDES THAT 70 PERCENT OF THE SUMS ALLOCATED TO A
STATE SHALL BE REALLOCATED BY SUCH STATE TO THE LOCAL, REGIONAL, OR
INTERSTATE AUTHORITIES RESPONSIBLE FOR THE PLANNING AND IMPLEMENTATION
OF THE DISCARDED MATERIALS PLAN. SUCH REALLOCATION SHALL BE BASED ON
THE RESPONSIBILITIES OF THE RESPECTIVE PARTIES.
THE REMAINING 30 PERCENT OF THE AVAILABLE FEDERAL ASSISTANCE ALLOTTED
TO THE STATES IS TO BE AVAILABLE WITHIN SUCH STATES TO PROVIDE
ASSISTANCE TO MUNICIPALITIES WITH A POPULATION OF FEWER THAN 5,000 OR
COUNTIES WITH A POPULATION OF FEWER THAN 10,000; NOT WITHIN A
METROPOLITAN AREA, OR IDENTIFIED REGION FOR DISCARDED MATERIALS
MANAGEMENT; AND IN ORDER THAT SUCH COMMUNITIES MAY MEET THE GOALS OF
THIS ACT.
SUBSECTION (D) PROVIDES THAT THE ADMINISTRATOR MAY PROVIDE THE STATE,
LOCAL OR REGIONAL AUTHORITIES WITH TECHNICAL ASSISTANCE RESPECTING
RESOURCE CONSERVATION AND RESOURCE RECOVERY.
SUBSECTION (C) AUTHORIZES $2.5 MILLION FOR EACH OF THE FISCAL YEARS
1978 AND 1979 FOR THE ADMINISTRATOR TO EXPEND FOR THE CONVERSION,
IMPLEMENTATION CONSOLIDATION OR FOR THE CONSTRUCTION OF NEW DISCARDED
MATERIAL FACILITIES FOR COMMUNITIES WITHIN THE UNITED STATES HAVING A
POPULATION LESS THAN 25,000 PERSONS AND WITH DISCARDED MATERIALS
FACILITIES IN WHICH 75% OF THE DISCARDED MATERIALS DISPOSED OF ARE FROM
AREAS OUTSIDE THE JURISDICTION OF THE COMMUNITY AND THAT SUCH
COMMUNITIES HAVE SERIOUS INVIRONMENTAL PROBLEMS RESULTING FROM THE
DISPOSAL OF SUCH WASTES.
NOT MORE THAN ONE FACILITY PER STATE CAN RECEIVE ANY SUCH GRANT AND
SUCH FACILITY SHALL BE CONSISTENT WITH THE STATE PLAN UNDER TITLE IV OF
THIS ACT.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 068 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110706
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THIS SECTION REPEALS SECTION 207 OF THE SOLID WASTE DISPOSAL ACTO OF
1965.
THIS SECTION PROVIDES THAT THE SECRETARY OF COMMERCE IS REQUIRED TO
ENCOURAGE GREATER COMMERCIALIZATION OF PROVEN RESOURCE RECOVERY
TECHNOLOGY BY PROVIDING ACCURATE SPECIFICATIONS FOR THE USE OF RECOVERED
MATERIALS, STIMULATION OF DEVELOPMENT OF MARKETS FOR RECOVERED
MATERIALS, PROMOTION OF PROVEN TECHNOLOGY, AND A FORUM FOR THE EXCHANGE
OF TECHNICAL AND ECONOMIC DATA RELATING TO SUCH FACILITIES.
THIS SECTION PROVIDES THAT THE SECRETARY OF COMMERCE, ACTING THROUGH
THE BUREAU OF STANDARDS, IS REQUIRED, WITHIN ONE YEAR AND AFTER
HEARINGS, TO PUBLISH UNIFORM SPECIFICATIONS FOR THE CLAFFIFICATION OF
RECOVERED MATERIAL WITH REGARD TO PHYSICAL AND CHEMICAL PROPERTIES, AND
TO ESTABLISH AN INDEX OF THE ABILITY OF SUCH MATERIALS TO REPLACE VIRGIN
MATERIALS IN VARIOUS INDUSTRIAL, COMMERCIAL AND GOVERNMENTAL USES.
THIS SECTION PROVIDES THAT THE SECRETARY OF COMMERCE IS DIRECTED
WITHIN TWO YEARS OF ENACTMENT TO IDENTIFY THE GEOGRAPHICAL LOCATIONS OF
EXISTING OR POTENTIAL MARKETS FOR RECOVERED MATERIALS, THE ECONOMIC AND
TECHNICAL BARRIERS TO THE USES OF RECOVERED MATERIALS, THE ECONOMIC AND
TECHNICAL BARRIERS TO THE USES OF RECOVERED MATERIALS, AND TO ENCOURAGE
THE DEVELOPMENT OF NEW USES FOR RECOVERED MATERIALS.
THIS SECTION AUTHORIZES THE SECRETARY OF COMMERCE TO EVALUATE THE
COMMERCIAL FEASIBILITY OF RESOURCE RECOVERY FACILITIES AND TO PUBLISH
THE RESULTS OF SUCH EVALUATION, AND TO DEVELOP A DATA BASE TO ASSIST
PERSONS IN CHOOSING A RESOURCE RECOVERY TECHNOLOGY.
SUBSECTION (A) PROVIDES THAT THE SECRETARY OF COMMER MAY SPONSOR
MEETINGS FOR THE EXCHANGE OF INFORMATION CONCERNING ALL ASPECTS OF
DISCARDED MATERIAL MANAGEMENT, INCLUDING PATENTS, TECHNOLOGY, AND
PROCESSES.
SUBSECTION (B) REQUIRES THAT MEETINGS HELD PURSUANT TO THIS SECTION
INCLUDE PERSONS INVOLVED IN THE GENERATION, DISPOSAL, TREATMENT OF ANY
ASPECT OF THE MANAGEMENT OF DISCARDED MATERIAL. NOTICE OF SUCH MEETING,
WITH AN AGENDA OF THE MEETINGS IS TO BE SENT TO THE ATTORNEY GENERAL,
AND FEDERAL TRADE COMMISSION AND SUCH MEETING SHALL BE INITIATED AND
CHAIRED BY THE SECRETARY OF COMMERCE.
SUBSECTION (C) REQUIRES A FULL AND COMPLETE RECORD OF THE MEETINGS
AND OF ANY COMMUNICATION OTHER THAN COMMUNICATIONS IN THE MEETING,
BETWEEN OR AMONG THE PARTICIPANTS OR POTENTIAL PARTICIPANTS.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 069 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110707
H503-46
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SUCH RECORDS SHALL BE DEPOSITED TOGETHER WITH ANY AGREEMENTS
RESULTING FROM SUCH MEETINGS WITH THE SECRETARY OF COMMERCE AND SHALL BE
AVAILABLE TO THE ATTORNEY GENERAL, FEDERAL TRADE COMMISSION.
SUBSECTION (D) PROVIDES THAT THE SUBMISSION AND PUBLICATION OF THE
AGREEMENTS FOR THE EXCHANGE OF INFORMATION ENTERED INTO PURSUANT TO THIS
SECTION SHALL BE SUBMITTED IN WRITTING TO THE ATTORNEY GENERAL AND THE
FEDERAL COMMISSION 20 DAYS PRIOR TO BEING IMPLEMENTED. ANY SUCH
AGREEMENT SHALL BE AVAILABLE IN ACCORDANCE WITH 5 U.S.C. 552 EXCEPT FOR
THOSE MATTERS THAT ARE CONSIDERED TRADE SECRETS.
SUBSECTION (C) GIVES A DEFENSE TO ANY CIVIL OR CRIMINAL ACTION
BROUGHT UNDER THE ANTITRUST LAW OR ANY SIMILAR STATE LAW IN RESPECT TO
ACTIONS TAKEN TO CARRY OUT ANY AGREEMENT FOR THE EXCHANGE OF INFORMATION
UNDER THIS SECTION.
HOWEVER, ANY ACTIONS THAT ARE TAKEN TO INJURE COMPETITION ARE NOT
COVERED BY THIS SECTION. PERSONS COMPLYING WITH THE REGULATION
PROMULGATED UNDER THIS SECTION AND USING THE DEFENSE PROVIDED BY THIS
SUBSECTION, SHALL HAVE THE BURDEN OF PROOF, EXCEPT IN CASES WHERE THERE
IS AN ALLEGATION THAT THE ACTIONS WERE AN ATTEMPT TO INJURE COMPETITION.
SUBSECTION (F) PROVIDES THAT NOTHING IN THE
WORD OMITTED SHALL BE CONSTRUED TO GRANT IMMUNITY FOR ANY ACTION OR
AGREEMENT THAT OCCURRED PRIOR TO THE DATE OF ENACTMENT OF THIS ACT OR
SUBSEQUANT TO ITS EXPIRATION OR REPEAL.
SUBSECTION (A) REQUIRES THE ADMINISTRATOR TO PROMULGATE REGULATIONS
WHICH SHALL APPLY TO ANY PROPERTY, FACILITY OR ACTIVITY OF THE UNITED
STATES IN LIEU OF SUCH PROPERTY, FACILITY OR ACTIVITY BEING SUBJECT TO
STATE OR LOCAL LAW RELATING TO THE MANAGEMENT OF DISCARDED MATERIALS.
SUCH REGULATIONS SHALL REQUIRE COMPLIANCE FROM ALL BRANCHES OF THE
FEDERAL GOVERNMENT WITH THE ADMINISTRATOR'S GUIDELINES AND OTHER
REQUIREMENTS PROMULGATED BY THE ADMINISTRATOR PURSUANT TO TITLE IV.
FURTHER, NOTHING IN ANY STATE PLAN ADOPTED PURSUANT TO TITLE IV SHALL
APPLY TO ANY FEDERAL PROPERTY NOR IS ANY STATE REQUIRED TO TAKE INTO
ACCOUNT, IN DEVELOPMENT OF ITS STATE PLAN, DISCARDED MATERIALS ON
FEDERAL PROPERTY.
THE ENFORCEMENT OF DISCARDED MATERIALS MANAGEMENT IS TO BE THE
RESPONSIBILITY OF THE ADMINISTRATOR. TO ENFORCE HIS STANDARD
PROMULGATED PURSUANT TO TITLE IV THAT RELATE TO FEDERAL FACILITIES, THE
ADMINISTRATOR IS REQUIRED TO GIVE NOTICE TO THE VIOLATOR OF HIS FAILURE
TO COMPLY WITH SUCH REGULATIONS. IF THE VIOLATION EXTENDS BEYOND THE
THIRTIETH DAY AFTER SUCH NOTICE, THE ADMINISTRATOR MAY ISSUE A
COMPLIANCE ORDER OR COMMENCE A CIVIL ACTION IN THE U.S. DISTRICT COURT
WHERE THE VIOLATION OCCURS. VIOLATORS MAY BE SUBJECT TO A CIVIL PENALTY
OF NOT MORE THAN $25,000 FOR EACH DAY OF CONTINUED NONCOMPLIANCE. EACH
ORDER SHALL STATE, WITH REASONABLE SPECIFICITY, THE NATURE OF THE
VIOLATION, TIME FOR COMPLIANCE AND PENALTY.
SUBSECTION (B) REQUIRES ALL FEDERAL FACILITIES TO COMPLY WITH THE
HAZARDOUS WASTE REGULATIONS PROMULATED BY THE ADMINISTRATOR PURSUANT TO
TITLE III OF THIS ACT, INCLUDING THE ENFORCEMENT PROVISIONS OF THAT
TITLE.
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INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 070 OF 90
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SUBSECTION (C) AUTHORIZES THE PRESIDENT OR HIS DESIGNEE TO GRANT AN
EXEMPTION TO ANY FACILITY OR ACTIVITY OF THE FEDERAL GOVERMENT, FROM
COMPLIANCE WITH THE HAZARDOUS WASTE TITLE OF THIS BILL, IF THE
PRESIDENT, OR HIS DESIGNEE, DETERMINES THAT THE NATIONAL SECURITY
INTERESTS OF THE UNITED STATES DEMANDS SUCH EXEMPTION BE MADE. SUCH
EXEMPTION SHALT NOT BE LONGER THAN ONE YEAR, BUT ADDITIONAL EXEMPTIONS
MAY BE GRANTED FOR PERIODS NOT TO EXCEED ONE YEAR.
SUBSECTION (A) REQUIRES THAT A PROCURING AGENCY COMPLY WITH THE
REQUIREMENTS OF THIS SECTION OR ANY PROCUREMENT ITEM WHERE THE PURCHASE
PRICE OF THE PROCURED ITEM OR THE FAIR MARKET VALUE OF THE QUANTITY
PURCHASED DURING THE PRECEDING FISCAL YEAR EXCEEDS $10,000.
SUBSECTION (B) PROVIDES THAT ANY PROCUREMENT SUBJECT TO REGULATIONS
PROMULGATED UNDER SECTION 211 OF THE SOLID WASTE DISPOSAL ACT, SHALL NOT
BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION TO THE EXTENT THAT SUCH
REQUIREMENTS ARE INCONSISTENT.
SUBSECTION (C) REQUIRES THAT TWO YEARS AFTER THE DATE OF ENACTMENT OF
THIS ACT EACH PROCURING AGENCY SHALL PROCURE ITEMS COMPOSED OF THE
HIGHEST PERCENTAGE OF RECOVERED MATERIALS PRACTICABLE, CONSISTENT WITH
MAINTAINING A SATISFACTORY LEVEL OF COMPETITION, EXCEPT, THAT THIS
REQUIREMENT DOES NOT APPLY WHERE SUCH ITEMS CONTAINING RECOVERED
MATERIALS ARE NOT REASONABLY AVAILABLE WITHIN A REASONABLE AMOUNT OF
TIME, SUCH ITEMS DO NOT MEET PERFORMANCE STANDARDS, OR SUCH ITEMS ARE
ONLY AVAILABLE AT AN UNREASONABLE PRICE.
SUBSECTION (C) ALSO REQUIRES THAT AGENCIES THAT GENERATE HEAT,
MECHANICAL OR ELECTRICAL ENERGY FROM FOSSIL FUEL AND HAVING A CAPABILITY
OF USING DISCARDED MATERIALS AS A PRIMARY OR SUPPLEMENTARY FUEL, DO SO
TO THE EXTENT PRACTICAL.
FURTHER, CONTRACTING OFFICERS SHALL REQUIRE VENDERS TO CERTIFY THE
PERCENTAGE OF RECOVERED MATERIAL TO BE UTILIZED IN THE PERFORMANCE OF
THE CONTRACT.
SUBSECTION (D) REQUIRES THAT ALL FEDERAL AGENCIES DRAFTING OR
REVIEWING PROCUREMENT SPECIFICATIONS DETERMINE WHETHER THOSE
SPECIFICATIONS VIOLATE PROHIBITIONS UNDER THIS SECTION. SUCH REVIEW
SHALL BE UNDERTAKEN WITHIN 18 MONTHS AFTER THE DATE OF ENACTMENT.
IN DRAFTING OR REVISING SPECIFICATIONS AFTER THE DATE OF ENACTMENT
ANY ARBITRARY EXCLUSION OF RECOVERED MATERIAL FROM PROCUREMENT CONTRACTS
SHALL BE CLIMINATED, SPECIFICATIONS SHALL NOT REQUIRE THE ITEMS TO BE
MANUFACTURED SOLELY FROM VIRGIN MATERIALS, AND SUCH SPECIFICATIONS SHALL
REQUIRE RECLAIMED MATERIALS BE PURCHASED TO THE MAXIMUM EXTENT POSSIBLE,
WITHOUT JEOPARDIZING THE INTENDED END USE OF THE PRODUCT.
SUBSECTION (C) REQUIRES THE ADMINISTRATOR, AFTER CONSULTATION WITH
THE GENERAL SERVICES ADMINISTRATION, THE SECRETARY OF COMMERCE AND THE
PUBLIC PRINTER, TO PREPARE AND FROM TIME TO TIME REVIEW AND REVISE, IF
APPROPRIATE THE GUIDELINES FOR PROCURING AGENCIES IN COMPLYING WITH
REQUIREMENTS OF THIS SECTION. THE GUIDELINES SHALL RECOMMEND PRACTICES
WITH RESPECT TO THE PROCUREMENT OF ITEMS CONTAINING RECOVERED MATERIALS
AND SHALL PROVIDE INFORMATION ON THE AVAILABILITY, SOURCES OF SUPPLY,
AND POTENTIAL USERS OF SUCH ITEMS AND MATERIALS.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 071 OF 90
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SUBSECTION (F) REQUIRES PROCURING AGENIES, TO THE MAXIMUM PRACTICAL,
TO PROVIDE FOR THE PROCUREMENT OF DISCARDED MATERIALS MANAGEMENT
SERVICES IN A MANNER WHICH MAXIMIZES ENERGY AND RESOURCE RECOVERY.
THIS SECTION REQUIRES ALL FEDERAL AGENCIES HAVING FUNCTIONS RELATING
TO DISCARDED MATERIALS AND HAZARDOUS WASTE TO COOPERATE TO THE MAXIMUM
EXTENT PERMITTED BY LAW, WITH THE ADMINISTRATOR IN CARRYING OUT HIS
FUNCTIONS UNDER THIS ACT. SUCH AGENCIES ARE TO MAKE APPROPRIATE
INFORMATION AVAILABLE TO THE ADMINISTRATOR UPON HIS REQUEST.
THIS SUBSECTION (A) PROHIBITS AN EMPLOYER FROM DISCHARGING ANY
EMPLOYEE OR OTHERWISE DISCRIMINATING AGAINST ANY EMPLOYEE WITH RESPECT
TO HIS COMPENSATION, TERMS, CONDITIONS AND PRIVILEGES OR EMPLOYMENT,
BECAUSE SUCH EMPLOYEE COMMENCED OR CAUSES TO BE COMMENCED A LEGAL
PROCEEDING UNDER THIS ACT; TESTIFIED, OR IS ABOUT TO TESTIFY IN ANY
PROCEEDING; ASSISTED OR IS ABOUT TO ASSIST, OR PARTICIPATE IN ANY
PROCEEDING TO CARRY OUT THE PURPOSES OF THIS ACT.
SUBSECTION (B) GIVES AN EMPLOYEE DISCHARGED OR OTHERWISE
DISCRIMINATED AGAINST BECAUSE OF PARTICIPATION IN A SUBSECTION (A)
ACTIVITY A REMEDY. SUCH EMPLOYEE CAN FILE A COMPLAINT WITH THE
SECRETARY OF LABOR, WITHIN 30 DAYS AFTER THE ALLEGED VIOLATION OCCURS,
ALLEGING SUCH DISCRIMINATION, AND THE SECRETARY OF LABOR SHALL NOTIFY
THE PERSON NAMED IN THE COMPLAINT OF THE FILING OF SUCH COMPLAINT.
WITHIN 30 DAYS OF THE RECEIPT OF THE COMPLAINT THE SECRETARY SHALL
CONDUCT AN INVESTIGATION OF THE ALLEGED VIOLATION AND SHALL NOTIFY THE
PARTIES OF HIS CONCLUSIONS. WITHIN THE 90 DAYS OF THE RECEIPT OF THE
COMPLAINT, UNLESS THE MATTER HAS BEEN SETTLED, THE SECRETARY SHALL ISSUE
AN ORDER PROVIDING FOR APPROPRIATE RELIEF OR DENYING THE COMPLAINT.
SUCH ORDER OF THE SECRETARY SHALL BE MADE ON THE RECORD AFTER NOTICE AND
OPPORTUNITY FOR PUBLIC HEARING.
IF THE SECRETARY DETERMINES THAT A VIOLATION HAS OCCURRED, HE SHALL
ORDER THE PERSON WHO HAS COMMITTED THE VIOLATION TO TAKE AFFIRMATIVE
ACTION TO ABATE THE VIOLATION, TO REINSTATE THE COMPLAINANT TO HIS
FORMER POSITION, TOGETHER WITH THE TERMS, CONDITIONS AND PRIVILEGES OF
HIS EMPLOYMENT, BACKPAY, COMPENSATORY DAMAGES, AND WHERE APPROPRIATE,
EXEMPLARY DAMAGES.
IF SUCH ORDER IS ISSUED THE SECRETARY, AT THE REQUEST OF THE
COMPLAINANT, SHALL ASSESS AGAINST THE PERSON AGAINST WHOM THE ORDER IS
ISSUED A SUM EQUAL TO THE AGGREGATE AMOUNT OF ALL COSTS AND EXPENSES,
INCLUDING REASONABLE ATTORNEYS FEES, REASONABLE INCURRED BY THE BRINGING
OF THE COMPLAINT.
SUBSECTION (C) PROVIDES THAT ANY PARTY MAY OBTAIN REVIEW OF THE ORDER
OF THE SECRETARY OF LABOR IN THE UNITED STATES COURT OF APPEALS FOR THE
CIRCUIT IN WHICH THE VIOLATION OCCURS. SUCH PETITION FILED WITH THE
COURT OF APPEALS MUST BE FILED WITHIN 60 DAYS FROM THE ISSUANCE OF THE
SECRETARY'S ORDER. COMMENCEMENT OF SUCH PROCEEDINGS UNDER THIS
PARAGRAPH SHALL NOT, UNLESS UNDER THE ORDER OF THE COURT, OPERATE AS A
STAY OF THE SECRETARY'S ORDER.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 072 OF 90
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SUBSECTION (D) PROVIDES THAT WHENEVER A PERSON HAS FAILED TO COMPLY
WITH AN ORDER ISSUED BY THE SECRETARY, THE SECRETARY IS DIRECTED TO FILE
A CIVIL ACTION IN THE UNITED STATES DISTRICT COURT IN WHICH THE
VIOLATION OCCURRED, TO ENFORCE THE ORDER. THE COURT SHALL BE PERMITTED
TO GRANT APPROPRIATE RELIEF.
SUBSECTION (C) PROVIDES THAT THIS SECTION SHALL NOT APPLY TO ANY
EMPLOYEE WHO WAS ACTING WITHOUT THE DIRECTION OF HIS EMPLOYER, TO
DELIBERATELY CAUSE VIOLATION OF A REQUREMENT OF THIS ACT.
SUBSECTION (1) PROVIDES THAT ANY PERSON MAY COMMENCE A CIVIL ACTION
ON HIS OWN BEHALF AGAINST ANY PERSON OR GOVERNMENT INSTRUMENTALITY
ALLEGED TO BE IN VIOLATION OF THIS ACT, OR AGAINST THE ADMINISTRATOR TO
PERFORM ANY MANDATORY ACT OR DUTY UNDER THIS ACT. SUCH ACTIONS SHALL BE
BROUGHT IN THE DISTRICT COURT, FOR THE DISTRICT IN WHICH THE VIOLATION
OCCURED. ANY ACTION THAT IS BROUGHT SOLELY AGAINST THE ADMINISTRATOR
CAN ONLY BE BROUGHT IN THE DISTRICT COURT WHERE THE VIOLATION OCCURRED,
OR IN THE DISTRICT COURT OF DISTRICT OF COLUMBIA.
SUBSECTION (B) PROHIBITS ANY PERSON FROM COMMENCING ANY ACTION UNDER
THIS SECTION UNLESS (1) 60 DAYS HAVE ELAPSED AFTER THE PLAINTIFF HAS
GIVEN NOTICE OF THE VIOLATION TO THE ADMINISTRATOR OR TO THE STATE IN
WHICH THE ALLEGED VIOLATION OCCURS, OR TO ANY ALLEGED VIOLATIOR. IF THE
ADMINISTRATOR OR A STATE HAS COMMENCED AND IS DILIGENTLY PROSECUTING
SUCH CIVEL ACTION THEN NO SUIT CAN BE BROUGHT PURSUANT TO SUBSECTION
(A).
SUBSCTION (C) PROVIDES THAT NO ACTION MAY BE COMMENCED PRIOR TO 60
DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE TO THE ADMINISTRATOR. NOTICE
IS TO BE BY REGISTERED MAIL. ANY ACTION BROUGHT WITH RESPECT TO A
VIOLATION UNDER THIS ACT, MAY BE BROUGHT UNDER THIS SECTION, ONLY IN THE
JUDICIAL DISTRICT IN WHICH THE VIOLATION OCCURS.
SUBSECTION (D) AUTHORIZES THE ADMINISTRATOR, IF HE IS NOT
A PARTY TO A LAWSUIT RELATING TO THIS ACT TO INTERVENE IN SUCH
LAWSUIT AS A MATTER OF RIGHT.
SUBSECTION (E) PERMITS THE COURT, IN ITS FINAL ORDER, TO AWARD THE
COSTS OF LITIGATION, INCLUDING REASONABLE ATTORNEYS FEES AND EXPERT
WITNESS FEES TO ANY PARTY TO THE LITIGATION, WHENEVER THE COURT
DETERMINES SUCH AN AWARD IS APPROPRIATE.
SUBSECTION (F) PRESERVES ANY RIGHTS THAT A PARTY TO LITIGATION WOULD
HAVE UNDER ANY OTHER STATUTES OR COMMON LAW TO SEEK THE ENFORCEMENT OF
ANY STANDARD OR REQUIREMENT RELATING TO THE MANAGEMENT OF DISCARDED
MATERIALS.
THIS SECTION PROVIDES THAT NOTWITHSTANDING ANY OTHER PROVISION OF
THIS ACT, UPON RECEIPT OF EVIDENCE THAT THE HANDLING, STORAGE,
TREATMENT, AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO HEALTH AND THE
ENVIRONMENT THEN THE ADMINISTRATOR MAY BRING SUIT IN THE UNITED STATES
DISTRICT COURT, FOR APPROPRIATE RELIEF.
THIS SECTION, PERMITS ANY PERSON TO PETITION THE ADMINISTRATOR FOR
THE PROMULGATION OF, AMENDMENT, OR REPEAL OF ANY REGULATION, UNDER THIS
ACT.
WITHIN A REASONABLE AMOUNT OF TIME, THE ADMINISTRATOR WILL TAKE SUCH
ACTION AS NECESSARY, AND SHALL PUBLISH NOTICE OF SUCH ACTION TOGETHER
WITH HIS REASONS FOR TAKING SUCH ACTIONS IN THE FEDERAL REGISTER.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 073 OF 90
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THIS SECTION PROVIDES THAT IF ANY PROVISION OF THIS ACT IS HELD
INVALID THE APPLICATION OF SUCH PROVISION TO ANY PERSONS OR
CIRCUMSTANCES, AND THE REMAINDER OF THE ACT, SHALL NOT BE AFFECTED
IN COMPLIANCE WITH CLAUSE 7 RULE XIII OF THE RULES OF THE HOUSE OF
REPRESENTATIVES, THE FOLLOWING STATEMENT IS MADE RELATIVE TO THE COST OF
THIS LEGISLATION:
IN REGARD TO CLAUSE 2 (1) (3) (C) OF RULE XI OF THE RULES OF THE
HOUSE OF REPRESENTATIVES, THE COMMITTEE INCLUDES THE FOLLOWING COST
ESTIMATE SUBMITTED BY THE CONGRESSIONAL BUDGET OFFICE RELATIVE TO THE
PROVISIONS OF H.R. 14496:
TABLE OMITTED
1. BILL NO. H.R. 14496.
2. BILL TITLE: 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, TO REGULATE THE MANAGEMENT OF HAZARDOUS
WASTE, AND TO AMEND THE SOLID WASTE DISPOSAL ACT TO PROVIDE CERTAIN
AUTHORITIES RESPECTING RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
3. PURPOSE OF BILL: PART 1 OF THIS LEGISLATION ESTABLISHES
MECHANISMS FOR COOPERATIVE EFFORT AMONG FEDERAL, STATE, AND LOCAL
GOVERNMENTS AND PRIVATE ENTERPRISE IN RESOURCE RECOVERY: PROVIDES FOR
TECHNICAL AND FINANCIAL ASSISTANCE TO GOVERNMENTAL AGENCIES FOR THE
DEVELOPMENT OF PLANS FOR THE DISPOSAL OF DISCARDED MATERIALS.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 074 OF 90
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FOREIGN COMMERCE WASHINGTON, DC
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PROHIBITS FUTURE OPEN DUMPING ON LAND AND CONVERSION OF EXISTING
OPEN, DUMPS TO ENVIRONMENTALLY SAFE FACILITIES; AND REQUIRES THE
PROMULGATION OF REGULATIONS FOR THE TREATMENT, STORAGE, TRANSPORTATION,
AND DISPOSAL OF HAZARDOUS WASTES. THE BILL AUTHORIZES THE APPROPRIATION
OF $241 MILLION FOR THESE PURPOSES, PART II OF THIS LEGISLATION EXPANDS
AND CLARIFIES SOME OF THE RESEARCH AND INFORMATION GATHERING AND
DISSEMINATING ACTIVITIES OF EPA AS PROVIDED IN THE SOLID WASTE DISPOSAL
ACT (P.L. 89-272). PART II OF THE BILL ALSO MANDATES A NUMBER OF
STUDIES AND FULLSCALE DEMONSTRATION PROJECTS TO BE UNDERTAKEN BY EPA.
THE BILL AUTHORIZES THE APPROPRIATION OF $45 MILLION FOR THESE PURPOSES.
THIS IS AN AUTHORIZATION BILL WHICH REQUIRES SUBSEQUENT APPROPRIATIONS
ACTION.
4. COST ESTIMATE:
TABLE OMITTED
5. BASIS OF ESTIMATE: THE AUTHORIZATION LEVELS USED IN THIS
ESTIMATE ARE THOSE STATED IN THE BILL. IT SHOULD BE NOTED THAT THE
COSTS OF PART I AND PART II ARE ESTIMATED SEPARATELY AND DO, IN FACT,
CONTAIN REDUNDANCIES. FOR EXAMPLE, BOTH PARTS PROVIDE AUTHORIZATION FOR
MINING AND SLUDGE STUDIES (TOTALING $1 MILLION IN FISCAL YEAR 1978 AND
$1 MILLION IN FISCAL YEAR 1979) AND FOR SOME GENERAL ADMINISTRATION.
PART I--THE LEGISLATION AUTHORIZES TO BE APPROPRIATED $500,000 IN
EACH OF THE FISCAL YEARS 1978 AND 1979 FOR A STUDY ON MINING WASTE;
THESE AMOUNTS ARE ASSUMED TO SPEND 100 PERCENT IN THE YEAR AUTHORIZED.
THE BILL ALSO AUTHORIZES TO BE APPROPRIATED $500,000 IN EACH OF THE
FISCAL YEARS 1978 AND 1979 FOR A STUDY ON SLUDGE; THESE AMOUNTS ARE
ASSUMED TO SPEND 100 PERCENT IN THE YEAR AUTHORIZED. THE LEGISLATION
AUTHORIZES TO BE APPROPRIATED $750,000 IN EACH OF THE FISCAL YEARS 1978
AND 1979 FOR GRANTS FOR TIRE SHREDDERS; THESE AMOUNTS ARE ASSUMED TO
SPEND AT 33 PERCENT PER YEAR BEGINNING WITH THE YEAR AUTHORIZED.
SECTION 210 OF THE BILL AUTHORIZES TO BE APPROPRIATED FOR CARRING OUT
THE GENERAL PROVISIONS OF THE BILL, $46,250,000 FOR FISCAL YEAR 1978 AND
$51,250,000 FOR FISCAL YEAR 1979. NOT LESS THAN 20 PERCENT OF THESE
AMOUNTS IN SECTION 210 ARE TO BE USED FOR THE PURPOSES OF THE RESOURCE
RECOVERY AND CONSERVATION PANELS. IT IS ASSUMED HERE THAT 20 PERCENT OF
THE RELEVANT AUTHORIZATION AMOUNTS ARE USED FOR THE PANELS AND THAT
THESE AMOUNTS SPEND AT 50 PERCENT IN YEAR ONE OF THE AUTHORIZATION AND
50 PERCENT IN YEAR TWO OF THE AUTHORIZATION.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 075 OF 90
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NOT LESS THAN 30 PERCENT OF THESE AMOUNTS IN SECTION 210 ARE TO BE
USED FOR TITLE III (RELATING TO HAZARDOUS WASTE) OTHER THAN SECTION 311.
IT IS ASSUMED HERE THAT 30 PERCENT OF THE RELEVANT AUTHORIZATION
AMOUNTS ARE USED FOR TITLE III AND THAT THESE AMOUNTS SPEND AT 30
PERCENT IN YEAR ONE, 40 PERCENT IN YEAR TWO, 30 PERCENT IN YEAR THREE.
THE REMAINING 50 PERCENT OF THE AMOUNT AUTHORIZED IN SECTION 210 IS
ATTRIBUTED TO GENERAL ADMINISTRATION AND IS ASSUMED TO SPEND 40 PERCENT
IN YEAR ONE, 40 PERCENT IN YEAR TWO, AND 20 PERCENT IN YEAR THREE.
SECTION 311 OF THE BILL AUTHORIZES TO BE APPROPRIATED $25 MILLION FOR
EACH OF FISCAL YEARS 1978 AND 1979 FOR GRANTS TO STATES FOR PURPOSES OF
ASSISTING THE STATES IN THE DEVELOPMENT AND IMPLEMENTATION OF STATE
HAZARDOUS WASTE PROGRAMS. THESE GRANTS ARE ASSUMED TO SPEND AT 0
PERCENT IN YEAR ONE, 80 PERCENT IN YEAR TWO, AND 20 PERCENT IN YEAR
THREE. THE LEGISLATION (SECTION 408) ALSO AUTHORIZES TO BE APPROPRIATED
$40 MILLION IN FISCAL YEAR 1978 AND $50 MILLION IN FISCAL YEAR 1979 FOR
THE PURPOSE OF MAKING GRANTS TO THE STATES FOR THE DEVELOPMENT AND
IMPLEMENTATION OF STATE PLANS UNDER TITLE IV (STATE OR REGIONAL
DISCARDED MATERIAL PLANS); THESE GRANTS ARE ASSUMED TO SPEND AT 0
PERCENT IN YEAR ONE, 80 PERCENT IN YEAR TWO, AND 20 PERCENT IN YEAR
THREE.
APPROPRIATED $10 MILLION FOR A NUMBER OF SPECIFIC STUDIES, SOME OF WHICH
ARE TO BE COMPLETED BY OCTOBER 1, 1978 (ONE-YEAR STUDIES) AND OTHERS BY
OCTOBER 1, 1979 (TWO-YEAR STUDIES).
THE ONE-YEAR STUDIES ARE ASSUMED TO SPEND ENTIRELY IN FISCAL YEAR
1978, WHILE THE TWO-YEAR STUDIES ARE ASSUMED TO SPEND EQUALLY IN FISCAL
YEAR 1978 AND FISCAL YEAR 1979. LIKELY COSTS FOR THESE STUDIES WERE
DETERMINED AFTER CONSULTATION WITH EPA, OFFICE OF TECHNOLOGY ASSESSMENT
(OTA), AND HOUSE COMMITTEE ON SCIENCE AND TECHNOLOGY STAFF. THE $10
MILLION IS ESTIMATED TO SPEND 85 PERCENT IN FISCAL YEAR 1978 AND 15
PERCENT IN FISCAL YEAR 1979.
THE LEGISLATION ALSO AUTHORIZES $35 MILLION FOR CERTAIN INFORMATION
GATHERING AND DISSEMINATING ACTIVITIES AND FOR FULL-SCALE DEMONSTRATION
PROJECTS AND RELATED ACTIVITIES. THE TOTAL $35 MILLION IS ESTIMATED TO
SPEND 41 PERCENT IN FISCAL YEAR 1978, 24 PERCENT IN FISCAL YEAR 1979, 20
PERCENT IN FISCAL YEAR 1980, AND 15 PERCENT IN FISCAL YEAR 1981,
ALTHOUGH THE SPENDOUT RATE FOR THE INFORMATION GATHERING ACTIVITIES WAS
DETERMINED AFTER DISCUSSION WITH EPA, OTA, AND HOUSE COMMITTEE ON
SCIENCE AND TECHNOLOGY STAFF. IN ORDER TO DETERMINE THE SPENDOUT RATE
FOR THE DEMONSTRATION PROJECTS, A LIKELY MIX OF NEW SOLID WASTE
MANAGEMENT PROJECTS WAS ASSUMED AND THE SPENDOUT RATE FOR THESE ITEMS
ESTIMATED. ALTHOUGH THE LANGUAGE OF PART II CLEARLY ENCOURAGES
COST-SHARING, IT IS CONSERVATIVELY ASSUMED IN THIS ESTIMATE THAT THE
PROJECTS ARE ENTIRELY FEDERALLY FUNDED.
6. ESTIMATE COMPARISON: NONE.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 076 OF 90
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7. PREVIOUS CBO ESTIMATE: CBO PREPARED AN ESTIMATE OF H.R. 14965 ON
AUGUST 25, 9176. THAT BILL WAS INCORPORATED AS PART II OF THIS BILL,
AND THAT ESTIMATE HAS THEREFORE BEEN INCORPORATED AS PART OF THIS ONE.
8. ESTIMATE PREPARED BY" TERRY NELSON.
9. ESTIMATE APPROVED BY:
R. SCHEPPACH
FOR JAMES L. BLUM. ASSISTANT DIRECTOR FOR BUDGET ANALYSIS.
AS THE COST ESTIMATE AND SPEND OUT RATES INDICATE, ACTUAL DIRECT
FEDERAL SPENDING UNDER THIS LEGISLATION WOULD BE ON A SMALL SCALE. NO
PERCEPTIBLE IMPACT ON THE NATION'S RATE OF INFLATION SHOULD RESULT FROM
THE FEDERAL EXPENDITURES AUTHORIZED.
ALTHOUGH DIRECT FEDERAL EXPENDITURES ARE NOT EXPECTED TO HAVE
INFLATIONARY IMPACT, PRIVATE SECTOR EXPENDITURES NECESSITATED BY THIS
LEGISLATION ARE DIFFICULT TO PREDICT AND THEREFORE THEIR INFLATIONARY
IMPACT IS EXTREMELY DIFFICULT TO ESTIMATE.
EPA ESTIMATES A DUMP CLOSING COST OF APPROXIMATELY $5,000, DEPENDING
ON SIZE AND LOCATION. ALTHROUGH THERE ARE CURRENTLY ABOUT 14,000 DUMPS
IN OPERATION, THE NUMBER WHICH WOULD BE CLOSED OR UPGRADED CANNOT BE
DETERMINED. EPA ESTIMATES INDICATE THAT IF ALL CURRENTLY INADEQUATE
WASTE DISPOSAL FACILITIES WERE UPGRADED, COSTS COULD BE ABOUT $24
MILLION ANNUALLY FOR TEN YEARS. IT SHOULD BE NOTED HOWEVER THAT THERE
IS LITTLE LIKELIHOOD THAT ALL DUMPS WILL BE UPGRADED. VERY MANY
ENVIRONMENTALLY INADEQUATE DUMPS WILL BE CLOSED AT COSTS FAR BELOW THE
COST OF UPGRADING.
IN ADDITION TO THESE MONETARY COSTS THE COMMITTEE RECOGNIZED
IMPORTANT BUT DIFFICULT TO QUANTIFY SAVINGS. DECREASING THE DEGREE OF
SUBSURFACE LEACHATE, SURFACE RUNOFF AND AIR POLLUTION FROM DISCARDED
MATERIALS DISPOSAL SITES WILL LESSEN THE DEGREE OF AIR AND
WATERPOLLUTION, MAKING EXPENDITURES FOR AIR AND WATER POLLUTION
ABATEMENT MORE COST EFFECTIVE. INADEQUATE LAND DISPOSAL PRACTICES DO
CONTRIBUTE TO THE NEED TO SPEND BILLIONS OF DOLLARS UNDER THE AIR
POLLUTION CONTROL ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT AS
WELL AS UNDER THE SAFE DRINKING WATER ACT. THE COMMITTEE ALSO
CONSIDERED THE POTENTIAL COSTS INCURRED WITH THE CLEANUP OF UNDERGROUND
AQUIFERS, WHICH ARE THE SOURCE OF DRINKING WATER FOR APPROXIMATELY 50
PERCENT OF OUR POPULATION, AND THE COST OF PROVIDING NEW ALTERNATE WATER
SUPPLIES. THE COMMITTEE FOUND THAT ELIMINATING THE SOURCE OF
UNDERGROUND WATER POLLUTION APPEARED TO BE MUCH MORE COST EFFECTIVE AND
LESS INFLATIONARY IN THE LONG TERM THAN THE OTHER AVAILABLE
ALTERNATIVES.
(FOR THE INFLATIONARY IMPACT STATEMENT ON PART II OF THE RESOURCE
CONSERVATION AND RECOVERY ACT SEE PART II OF THIS REPORT.) 13 OVERSIGHT
FINDINGS
PURSUANT TO CLAUSE 2 T1) (3) (A) OF RULE XI, AND UNDER THE AUTHORITY
OF RULE X, CLAUSE 2 (B) (1) AND CLAUSE (3) (F), OF THE RULES OF THE
HOUSE OF REPRESENTATIVES THE FOLLOWING STATEMENT ON OVERSIGHT ACTIVITIES
IS MADE.
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RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 077 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110715
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THE PROBLEMS CAUSED BY THE GROWING VOLUMES OF MUNICIPAL INDUSTRIAL
AND HAZARDOUS WASTES THAT ARE DISPOSED OF ON THE LAND HAVE GENERATED
TREMENDOUS INTEREST IN THE 94TH CONGRESS. THREE STANDING CONGRESSIONAL
COMMITTEES HELD HEARINGS ON SOME ASPECT OF MUNICIPAL, INDUSTRIAL OR
HAZARDOUS WASTE PROBLEM.
THE SUBCOMMITTEE ON ENVIRONMENT AND THE ATMOSPHERE OF THE COMMITTEE
ON SCIENCE AND TECHNOLOGY HELD HEARINGS IN APRIL 1976 ON H.R. 12380, THE
SOLID WASTE ENERGY AND RECOVERY ACT. THE SUBCOMMITTEE HELD ITS MARK-UP
OF THE LEGISLATION ON JULY 22 AND 29, 1976 AND ON JULY 29, 1976 REPORTED
A BILL TO THE FULL COMMITTEE ON SCIENCE AND TECHNOLOGY WHICH HELD
MARK-UP ON THE LEGISLATION AND REPORTED IT TO THE CONGRESS ON AUGUST 10,
1976, AS H.R. 14965.
THE OVERSIGHT PROVISIONS OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY
RELATING TO RESEARCH AND DEVELOPMENT ARE:
1. THEN IS A NEED FOR MORE RESEARCH AND DEVELOPMENT. THE STATE OF
THE ART CAN BE GREATLY IMPROVED. THIS IS NOT DIRECTLY CRITICAL OF
CURRENT EFFORTS IN THE FIELD, RATHER IT IMPLIES THAT MORE EFFORT IS
NEEDED.
2. THE TESTIMONY REGARDING THE NEED FOR MORE DEMONSTRATIONS WAS
DIVIDED. THE CONSENSUS SEEMS TO BE THAT THERE IS NO NEED FOR A MASSIVE
DEMONSTRATION PROGRAM. ON THE OTHER HAND SOME TECHNOLOGIES ARE ALREADY
TO BE DEMONSTRATED, AND SHOULD BE. THERE WAS CONCERN THAT EXPENSIVE
DEMONSTRATIONS NOT TAKE ALL FUNDS AWAY FROM RESEARCH AND DEVELOPMENT.
3. AN R. D. & D. PRPGROAM SHOULD DEFINITELY INCLUDE MORE WORK ON
SMALL SCALE AND LOW TECHNOLOGY SYSTEMS. SOURCE SEPARATION SHOULD BE A
PART OF THIS EFFORT.
4. A CONTINUING PROBLEM WITH IMPLEMENTATION OF RESOURCE RECOVERY
SYSTEMS IS THE LACK OF A RELIABLE, PROFITABLE MARKET FOR THE RECYCLED
MATERIAL.
(FOR A MORE DETAILED TREATMENT OF THE OVERSIGHT FINDINGS OF THE
COMMITTEE ON SCIENCE AND TECHNOLOGY SEE PART II OF THIS REPORT.)
THE SUBCOMMITTEE ON CONSERVATION, ENERGY, AND NATURAL RESOURCES OF
THE GOVERNMENT OPERATIONS COMMITTEE HELD OVERSIGHT HEARINGS ON "SOLID
WASTE MANAGEMENT AND RESOURCE CONSERVATION" ON MARCH 23, 24, 26 AND 31,
1976, AND ISSUED A REPORT TO THE HOUSE JUNE 30, 1976. THE FINDING OF
FACT AND RECOMMENDATIONS OF THAT COMMITTEE ARE LISTED IN THEIR ENTIRETY
IN A SEPARATE SECTION OF THIS REPORT ENTITLED "OVERSIGHT FINDINGS AND
RECOMMENDATIONS MADE BY THE COMMITTEE ON GOVERNMENT OPERATIONS."
THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, THROUGHT ITS
SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE, AS STATES IN MORE DETAIL
UNDER THE SECTION OF THIS REPORT ENTITLED COMMITTEE ACTION HELD 15
HEARING SESSIONS ON THE PROBLEMS ASSOCIATED WITH WASTES GENERATED BY
MUNICIPAL, INDUSTRIAL AND COMMERCIAL ACTIVITIES. ALTHOUGH THE HEARINGS
WERE PRIMARILY LEGISLATIVE IN NATURE, THE TESTIMONY FOCUSED ON THE
INEFFECTIVENESS OF THE EXISTING LAW AND THE GENERAL DESIRE OF THE
PUBLIC, INDUSTRY, ENVIRONMENTAL AND LOCAL GOVERNMENT ORGANIZATIONS FOR
ADDITIONAL LEGISLATION TO SOLVE THE WASTE PROBLEM.
THE TESTIMONY FOCUSED ON THE FACT THAT THE OFFICE OF SOLID WASTE
MANAGEMENT WITHIN THE ENVIRONMENTAL PROTECTION AGENCY HAS NO REGULATORY
AUTHORITY AND THAT WITHOUT SUCH AUTHORITY, THE WASTE PROBLEMS CANNOT BE
SOLVED.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 078 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
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THE FOLLOWING PARAGRAPHS STATE THE MAJOR OVERSIGHT CONCLUSIONS TO BE
DRAWN FROM THE HEARINGS UNDERTAKEN BY THE COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE:
1. THAT THERE SHOULD BE ESTABLISHED WITHIN THE ENVIRONMENTAL
PROTECTION AGENCY A STATUTORY OFFICE OF DISCARDED MATERIALS WITH CLEAR
DUTIES AND RESPONSIBILITIES FOR THE IMPLEMENTATION OF A DISCARDED
MATERIALS AND HAZARDOUS WASTE PROGRAM.
2. THAT THE ADMINISTRATOR SHOULD HAVE REGULATORY POWER IN THE AREA
OF HAZARDOUS WASTES, GUIDELINE AUTHORITY IN THE AREA OF MUNICIPAL SOLID
WASTE, AND THAT HE IS TO ACT AS A CATALYST WITH THE FEDERAL PROCURING
AGENCIES IN ORDER TO HAVE SUCH AGENCIES PURCHASE RECOVERED MATERIALS
WITH PERFORMANCE STANDARDS SIMILAR TO THOSE OF VIRGIN MATERIALS.
3. THAT THERE SHOULD BE A COOPERATIVE EFFORT BETWEEN FEDERAL, STATE
AND LOCAL AUTHORITIES TO DEVELOP DISCARDED MATERIALS MANAGEMENT PLANS
WHICH PROTECT HUMAN HEALTH AND THE ENVIRONMENT AND UTILIZE DISCARDED
MATERIALS FOR THE RECOVERY OF MATERIALS OR ENERGY.
4. THAT THERE SHOULD BE FEDERAL TECHNICAL AND FINANCIAL ASSISTANCE,
FOR THE PLANNING AND IMPLEMENTATION OF DISCARDED MATERIALS AND HAZARDOUS
WASTE MANAGEMENT PLANS.
5. THAT THERE SHOULD BE NO FEDERAL FINANCIAL ASSISTANCE TO STATES OR
LOCAL GOVERNMENTS FOR THE CONSTRUCTION OF RESOURCE RECOVERY FACILITIES
AT THIS TIME.
PURSUANT TO RULE X. CLAUSE 2 (B) (2) OF THE RULES OF THE HOUSE OF
REPRESENTATIVES THE FOLLOWING OVERSIGHT FINDINGS AND RECOMMENDATIONS
HAVE BEEN RECEIVED: (REPRINTED FROM SOLID WASTE--MATERIALS AND ENERGY
RECOVERY: TWENTY FIFTH REPORT BY THE COMMITTEE ON GOVERNMENT
OPERATIONS, JUNE 30, 1976):
1. SOLID WASTE DISPOSAL IS ONE OF THE MOST SERIOUS MUNICIPAL
PROBLEMS; THE PROBLEM IS GROWING AT AN ANNUAL RATE OF NEARLY 8 PERCENT.
2. OPEN DUMPS CREATE HEALTH AND ENVIRONMENTAL HAZARDS.
3. SANITARY LANDFILL DISPOSAL OF MUNICIPAL SOLID WASTE IS THE MOST
COMMONLY USED DISPOSAL TECHNIQUE.
4. SANITARY LANDFILL DISPOSAL IS BECOMING INCREASINGLY UNAVAILABLE
AS POSSIBLE SITES ACCESSIBLE TO METROPOLITAN AREAS BECOME FILLED AND
COSTS OF TRANSPORTATION MOUNT.
5. LIMITATIONS ON DUMPING MUNICIPAL WASTE IN THE OCEANS, ALTHROUGH
ENVIRONMENTALLY DESIRABLE, EXACERBATE PROBLEMS OF MUNICIPAL WASTE
DISPOSAL.
6. PROPERLY MANAGED LANDFILL DISPOSAL OF REFUSE CAN BE INEXPENSIVE
AND ENVIRONMENTALLY SOUND.
7. TECHNOLOGY WHEREBY MATERIALS AND ENERGY ARE RECOVERED FROM REFUSE
IS AVAILABLE.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 079 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
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8. ENVIRONMENTAL, SOCIAL, AND ECONOMIC BENEFITS OF RESOURCE RECOVERY
HAVE BEEN DEMONSTRATED IN EUROPE AND TO A LIMITED EXTENT, IN THE UNITED
STATES.
9. A NUMBER OF NEW, OR HERETOFORE UNDEMONSTRATED, TECHNOLOGIES ARE
IN VARIOUS STAGES OF DEVELOPMENT AND DEMONSTRATION IN THE UNITED STATES.
13. IN MANY CASES, ENERGY EXPENDED IN RECOVERING MATERIALS IS
CONSIDERABLY LESS THAN THE ENERGY COST OF EXTRACTING VIRGIN MATERIALS.
14. ENERGY RECOVERED FROM REFUSE MAY BE IN THE FORM OF STEAM, STEAM
TRANSFORMED INTO ELECTRICITY, OR ANY ONE OF VARIOUS TYPES OF SOLID,
LIQUID OR GASEOUS FUELS (REFUSE-DERIVED FUELS").
15. REFUSE-DRIVED ENERGY IN THE FORM OF STEAM, ELECTRICITY, AND
REFUSE-DERIVED FUEL HAS BEEN USED SUCCESSFULLY BY INDUSTRIES AND
UTILITIES.
16. IN THE INITIAL FULL-SCALE OPERATION OF SOME RESOURCE RECOVERY
SYSTEMS, PROBLEMS HAVE EMERGED SUCH AS; EMISSIONS OF AIR-POLLUTING
GASES AND PARTICULATES, JAMMING AND CLOGGING OF EQUIPMENT,
MALFUNCTIONING OF EQUIPMENT, AND OVERHEATING.
17. THE FEDERAL PROGRAM, WHICH IS LARGELY BASED ON THE RESOURCE
RECOVERY ACT OF 1970, IS ESSENTIALLY A NON-REGULATORY PROGRAM OF EPA
INTENDED TO PROVIDE TECHNICAL ASSISTANCE TO COMMUNITIES AND ENCOURAGE
THE DEVELOPMENT OF NEW TECHNOLOGY THROUGH LIMITED RESEARCH, DEVELOPMENT,
AND DEMONSTRATION.
18. ALTHOUGH EXISTING AND EMERGING TECHNOLOGIES OF RESOURCE RECOVERY
SOMETIMES PRESENT ATTRATIVE AND FINANCIALLY COMPETITIVE MUNICIPAL WASTE
DISPOSAL SOLUTIONS, FEW COMMUNITIES ARE PURSUING SUCH RESOURCE RECOVERY
SOLUTIONS.
19. INSTITUTIONAL BARRIERS OR OBSTACLES MUCH MORE THAN TECHNOLOGICAL
PROBLEMS OFTEN THWART THE DEVELOPMENT AND REALIZATION OF RESOURCE
RECOVERY SOLUTIONS TO MUNICIPAL SOLID WASTE PROBLEMS.
20. MUNICIPAL OFFICIALS ARE OFTEN UNAWARE OF THE AVAILABILITY OF
RESOURCE RECOVERY SYSTEMS AND TECHNOLOGIES, OR LACK THE TECHNICAL
CAPACITY TO DETERMINE WHETHER SUCH SYSTEMS OR TECHNOLOGIES ARE RELIABLE,
OR WHETHER THEY ARE APPROPRIATE TO THEIR PARTICULAR NEEDS.
21. MUNICIPAL OFFICIALS OFTEN FAIL TO TAKE ACCOUNT OF THE FULL COSTS
OF THEIR CURRENT WASTE DISPOSAL SYSTEM, MANY OF WHICH COSTS ARE HIDDEN
OR OVERLOOKED.
22. MANY METROPOLITAN AREAS COMPOSED OF A NUMBER OF POLITICAL
JURISDICTIONS, OFTEN INCLUDING A CENTRAL CITY, GROUP OF INDEPENDENT
SURBURBAN COMMUNITIES, AND A SURROUNDING COUNTY OR TOWNSHIP OFTEN HAVE
INDEPENDENT AUTHORITIES OVER MUNICIPAL SOLID WASTE COLLECTION AND
DISPOSAL.
23. THE MULTIPLE JURISDICTIONS WITHIN METROPOLITAN AREAS OFTEN ARE
UNABLE TO COORDINATE OR UNIFY THEIR VARIOUS SOLID WASTE COLLECTION OR
DISPOSAL SYSTEMS BECAUSE OF OBSTACLES WHICH INCLUDE.
LEGAL BARRIERS, INCONSISTENT DISPOSAL SYSTEMS, INABILITY TO AGREE AS
TO A SINGLE COMPREHENSIVE SYSTEM, INABILITY TO FINANCE PROPORTIONATE
SHARES OF A NEW SYSTEM, AND INABILITY TO PROVIDE A LONG-TERM COMMITMENT
OF MINIMUM VOLUMES OF MUNICIPAL REFUSE.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 080 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110718
H503-46
REPORT STUDY
HOUSE
24. MOSE MODERN RESOURCE RECOVERY SYSTEMS REQUIRE SUBSTANTIAL
CAPITAL INVESTMENT AND ENTAIL SIGNIFICANT OPERATION AND MAINTENANCE
COSTS.
25. MANY MUNICIPALITIES LACK THE LEGAL AUTHORITY TO ISSUE REVENUE
BONDS FOR RESOURCE RECOVERY.
26. NEITHER EPA NOR ANY OTHER FEDERAL AGENCY HAS AUTHORITY TO
ESTABLISH STANDARDS GOVERNING SOLID WASTE MANAGEMENT OR RESOURCE
RECOVERY.
27. THE STATES OF WISCONSIN AND CONNECTICUT HAVE ESTABLISHED
STATEWIDE PROGRAMS WHICH ARE PREMISED ON REGIONAL APPROACHES, ANTICIPATE
RESOURCE RECOVERY OPPORTUNITIES, AND REQUIRE COOPERATION WITH PRIVATE
INDUSTRY.
28. THE ERDA HAS SUPPORTED LIMITED DEMONSTRATION OF NEW RESOURCE
RECOVERY TECHNOLOGY.
29. BANKS AND LENDING INSTITUTIONS HAVE FINANCED MUNICIPAL RESOURCE
RECOVERY SYSTEMS AND ARE WILLING TO INVEST IN SUCH SYSTEMS IF SUCH
SYSTEMS CAN BE SHOWN TO BE RELIABLE AND ECONOMICALLY VIABLE.
1. CONGRESS SHOULD CONSIDER LEGISLATION AUTHORIZING MINIMUM NATIONAL
STANDARDS FOR THE DISPOSAL OF SOLID WASTE. SUCH STANDARDS SHOULD TAKE
ACCOUNT OF THE HEALTH HAZARDS AND ENVIRONMENTAL DEGRADATION ASSOCIATED
WITH INADEQUATELY CONTROLLED LAND-FILL DISPOSAL OF REFUSE AND TO THE
MAXIMUM EXTENT POSSIBLE, TAKE ACCOUNT OF THE ENVIRONMENTAL AND ECONOMIC
COSTS AND BENEFITS OF LAND-FILL DISPOSAL AND THE AVAILABILITY AND
FEASIBLIITY OF ALTERNATIVE SYSTEMS.
2. CONGRESS SHOULD CONSIDER INCLUDING IN SUCH LEGISLATION A
REQUIREMENT THAT OPEN DUMPING OF REFUSE BE PROHIBITED AFTER A DATE
CERTAIN.
THAT DATE SHOULD ALLOW COMMUNITIES A REASONABLE TIME WITHIN WHICH TO
INITIATE SYSTEMS WHICH MEET THE NATIONAL STANDARDS OF MUNICIPAL SOLID
WASTE DISPOSAL.
3. CONGRESS SHOULD CONSIDER INCLUDING IN SUCH LEGISLATION DIRECTION
THAT THE ENVIRONMENTAL PROTECTION AGENCY, IN CONSULTATION WITH THE
ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION, DEVELOP AND ISSUE SUCH
NATIONAL STANDARDS OF MUNICIPAL SOLID WASTE DISPOSAL WITHIN ONE YEAR
FROM THE DATE OF ENACTMENT OF SUCH LEGISLATION.
4. CONGRESS SHOULD CONSIDER INCLUDING IN SUCH LEGISLATION PROVISION
FOR PENALTIES AGAINST ANY COMMUNITY WHICH FAILS TO MEET THE NATIONAL
STANDARDS OF MUNICIPAL WASTE DISPOSAL OR WHICH PERMITS OPEN DUMPING
AFTER THE DATE OR DATES SPECIFIED IN SUCH STANDARDS AND PROHIBITION.
5. THE ENVIRONMENTAL PROTECTION AGENCY SHOULD SIGNIFICANTLY EXPAND
THE SCOPE AND QUALITY OF ITS TECHNICAL ASSISTANCE TO STATES, REGIONS,
AND MUNICIPALITIES TO AID IN THE DEVELOPMENT OF ENVIRONMENTALLY,
TECHNICALLY, AND ECONOMICALLY SOUND SOLUTIONS TO MUNICIPAL SOLID WASTE
PROBLEMS. SUCH ASSISTANCE SHOULD BE MADE, WHEN APPROPRIATE, BY
INTERDISCIPLINARY TEAMS, WHICH SHOULD INCLUDE REPRESENTATIVES OF PRIVATE
INDUSTRY AND FINANCIAL INSTITUTIONS, AND OTHER FEDERAL AGENCIES.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 081 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110719
H503-46
REPORT STUDY
HOUSE
THESE TEAMS WOULD BE AVAILABLE UPON REQUEST TO STATES, REGIONS, AND
MUNICIPALITIES.
6. THE ENVIRONMENTAL PROTECTION AGENCY, IN CONSULTATION WITH
REPRESENTATIVES OF STATES, MUNICIPALITIES, PRIVATE INDUSTRY, AND OTHER
FEDERAL AGENCIES, SHOULD DEVELOP RECOMMENDED STANDARDS FOR STATE
PROGRAMS OF SOLID WASTE MANAGEMENT. SUCH RECOMMENDED STANDARDS SHOULD
INCLUDE: REGIONAL APPROACHES TO SOLID WASTE MANAGEMENT AND RESOURCE
RECOVERY, TECHNIQUES TO OVERCOME JURISDICTIONAL DIFFERENCES IN
METROPOLITAN AREAS OR REGIONS (INCLUDING THE CREATION OF REGION-WIDE
SOLID WASTE MANAGEMENT AUTHORITIES PURSUANT TO STATE LAW), COMPARISON
AND ANALYSIS OF ALTERNATE TECHNIQUES OF COMPLYING WITH THE NATIONAL
STANDARDS OF SOLID WASTE DISPOSAL.
COOPERATION WITH INDUSTRIES AND UTILITIES; DEVELOPMENT AND
IMPLEMENTATION OF LONG-TERM AGREEMENTS AMONG REGIONAL SOLID WASTE
MANAGERS, DISPOSAL AND RESOURCE RECOVERY FACILITY OWNERS, AND MANAGERS
AND INDUSTRIAL AND OTHER BUYERS AND USERS OF RECOVERED MATERIALS AND
ENERGY; AND TECHNIQUES OF FINANCING REGION-WIDE SOLID WASTE DISPOSAL
AND RESOURCE RECOVERY (INCLUDING STATE AUTHORIZATION FOR THE ISSUANCE OF
REVENUE BONDS BY REGIONAL SOLID WASTE AUTHORITIES).
7. CONGRESS SHOULD CONSIDER APPROPRIATING FUNDS FOR LIMITED FEDERAL
FINANCIAL ASSISTANCE TO THE STATES TO ASSIST THEM IN THE DEVELOPMENT OF
STATE-WIDE PROGRAMS.
8. CONGRESS SHOULD CONSIDER ADOPTING LEGISLATION WHICH DIRECTS THAT
THE RESOURCE RECOVERY RESEARCH AND DEVELOPMENT EFFORTS OF THE
ENVIRONMENTAL PROTECTION AGENCY AND THE ENERGY RESEARCH AND DEVELOPMENT
ADMINISTRATION BE MERGED OR VERY CLOSELY COORDINATED. DEMONSTRATION
PROJECTS SHOULD NOT BE SUPPORTED BY EITHER AGENCY UNLESS BOTH CONCUR
THAT ADEQUATE RESEARCH AND DEVELOPMENT HAS PRECEDED SUCH DEMONSTRATION,
THAT PRIVATE INDUSTRY WOULD NOT OTHERWISE DEVELOP AND DEMONSTRATE SUCH
TECHNOLOGY IN A TIMELY FASHION, AND THAT THE TECHNOLOGY TO BE
DEMONSTRATED REPRESENTS A SIGNIFICANT NEW AND BENEFICIAL POTENTIAL.
9. THE CONGRESS SHOULD NOT AUTHORIZE FEDERAL FINANCIAL ASSISTANCE
FOR THE CONSTRUCTION OF RESOURCE RECOVERY FACILITIES OR OTHER MUNICIPAL
SOLID WASTE DISPOSAL FACILITIES.
10. THE CONGRESS SHOULD NOT AUTHORIZE FEDERAL GUARANTEES OF
MUNICIPAL OR STATE BONDS INTENDED TO FINANCE RESOURCE RECOVERY OR OTHER
MUNICIPAL SOLID WASTE DISPOSAL SYSTEMS.
WE BELIEVE THAT THERE ARE A NUMBER OF TECHNOLOGIES WHICH HAVE BEEN
FOUND TO HAVE GREAT POTENTIAL FOR ENERGY RECOVERY, BUT ARE IN NEED OF
ADDITIONAL TECHNICAL DEVELOPMENT.
THOSE RECOMMENDATIONS OF THE COMMITTEE ON GOVERNMENT OPERATIONS WHICH
FALL WITHIN THE LEGISLATIVE JURISDICTION OF THE COMMITTEE ON INTERSTATE
AND FOREIGN COMMERCE ARE ADDRESSED IN H.R. 14496.
THE COMMITTEE ON GOVERNMENT OPERATIONS RECOMMENDATION NUMBER 1 IS
ADDRESSED BY THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE IN TITLE
IV OF H.R. 14496 AND IN PARTICULAR SECTION 403 WHICH ESTABLISHES MINIMUM
STANDARDS FOR THE APPROVAL OF STATE DISCARDED MATERIAL PLANS. SECTION
403 LEAVES WITH THE STATE, LOCAL RECIONAL AND INTER-STATE REGIONS THE
FLEXABILITY RECOMMENDED BY THE GOVERNMENT OPERATION COMMITTEE IN THAT
THE MINIMUM STANDARDS REQUIRE THAT THE DISCARDED MATERIALS BE UTILIZED
BY A RESOURCE RECOVERY FACILITY FOR THE RECOVERY OF ENERGY OR MATERIAL,
OR THAT SUCH DISCARDED MATERIALS BE DISPOSED OF IN A SANITARY LANDFILL
OR BY ANY OTHER ENVIRONMENTALLY SOUND METHOD OF DISPOSAL, INCLUDING
INCINERATION THAT DOES NOT CONFLICT WITH THE CLEAN AIR ACT.
THE COMMITTEE ON GOVERNMENT OPERATIONS RECOMMENDATION NUMBER 2 IS
ADDRESSED BY H.R. 14496 SPECIFICALLY IN SECTIONS 403 (3), 404 AND 405.
THESE SECTIONS REQUIRE THE ADMINISTRATOR TO DEVELOP CRITERIA DETERMINING
THE STANDARDS FOR A SANITARY LANDFILL AND THOSE ATTRIBUTES OF AN OPEN
DUMP.
FURTHER, THESE SECTIONS REQUIRE THAT EPA, AFTER PROMULGATION OF ITS
REGULATIONS RELATING TO SANITARY LANDFILLS AND OPEN DUMPS AND IN
CO-OPERATION WITH THE BUREAU OF CENSUS, MAKE AN INVENTORY OF THE OPEN
DUMPS THAT EXIST IN THE RESPECTIVE STATES. THE OPEN DUMPS IN A STATE
ARE TO BE CLOSED OR UPGRADED AT THE RATE OF 20 PERCENT PER YEAR OF THE
TOTAL NUMBER OF SUCH OPEN DUMPS PRESENTING THE GREATEST DEGREE OF
ENVIRONMENTAL HAZARD BEING CLOSED OR UPGRADED FIRST. THE ENTIRE PROCESS
IS TO TAKE PLACE OVER A PERIOD OVER SIX YEARS.
THE COMMITTEE ON GOVERNMENT OPERATIONS RECOMMENDATION NUMBER 3 IS
DISCUSSED IN THE PART OF THIS REPORT THAT CONTAINS THE VIEWS OF THE
COMMITTEE ON SCIENCE AND TECHNOLOGY AND IS TERMED "COORDINATION BETWEEN
EPA AND ERDA."
THE COMMITTEE ON GOVERNMENT OPERATIONS RECOMMENDATION NUMBER 4 IS
ADDRESSED BY THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE COMMITTEE
IN SECTION 407 OF THE REPORTED BILL WHICH PROVIDES THAT ANY STATE, OR
LOCAL AUTHORITY WHICH FAILS TO MEET THE MINIMUM STANDARDS PROVIDED FOR
IN SECTION 403 BECOMES INELIGIBLE FOR FEDERAL FINANCIAL OR TECHNICAL
ASSISTANCE UNTIL IT REGAINS APPROVAL FOR ITS DISCARDED MATERIALS PLAN.
THE COMMITTEE ON GOVERNMENT OPERATIONS RECOMMENDATION NUMBER 5 IS
ADDRESSED BY SECTION 205 OF THIS LEGISLATION WHICH PROVIDES FOR
INTERDISCIPLINARY PANELS TO ASSIST MUNICIPALITIES DEVELOP RESOURCE
RECOVERY SYSTEMS AND SECTION 5 OF THE BILL REPORTED BY THE COMMITTEE ON
SCIENCE AND TECHNOLOGY WHICH PROVIDES FOR THE COORDINATION, COLLECTION
AND DISSEMINATION OF INFORMATION RELATING TO ALL ASPECTS OF DISCARDED
MATERIALS AND HAZARDOUS WASTE MANAGEMENT TO MUNICIPALITIES.
THE COMMITTEE ON GOVERNMENT OPERATIONS RECOMMENDATION NUMBER 6 IS
ADDRESSED TO SECTION 402 OF THIS LEGISLATION WHICH REQUIRE THE
ENVIRONMENTAL PROTECTION AGENCY, IN CONSULTATION WITH STATE, LOCAL,
REGIONAL AND INTERSTATE AUTHORITIES, AND AFTER PUBLIC HEARING, TO
DEVELOP GUIDELINES TO ASSIST STATES DEVELOP REGIONS NECESSARY TO
IMPLEMENT A DISCARDED MATERIALS PLAN. THIS SECTION FURTHER PROVIDES THE
ADMINISTRATOR WITH AUTHORITY TO DEVELOP INFORMATION TO ASSIST THE STATE
AND REGIONAL AUTHORITIES WITH ALTERNATIVE TECHNIQUES OF DISCARDED
MATERIALS MANAGEMENT.
SECTION 403 ALSO ADDRESSES RECOMMENDATION NUMBER 6 BY REQUIRING THAT
BEFORE A STATE OR LOCAL AUTHORITY IS ELIGIBLE FOR FEDERAL FINANCIAL AND
TECHNICAL ASSISTANCE UNDER TITLE IV, THAT THE STATE OR LOCAL AUTHORITY
CANNOT PROHIBIT A LOCAL OR REGIONAL AUTHORITY FROM ENTERING INTO A
LONG-TERM CONTRACT WITH A RESOURCE RECOVERY FACILITY FOR THE SUPPLY OF
DISCARDED MATERIALS TO SUCH FACILITY.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 082 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
110720
H503-46
REPORT STUDY
HOUSE
THE COMMITTEE ON GOVERNMENT OPERATIONS RECOMMENDATION NUMBER 7 IS
ADDRESSED IN THIS LEGISLATION BY SECTION 408 WHICH PROVIDES FOR $40
MILLION AND $50 MILLION FOR FISCAL YEARS 1978 AND 1979 RESPECTIVELY, FOR
THE PLANNING AND IMPLEMENTATION OF A DISCARDED MATERIAL PLAN.
THE COMMITTEE ON GOVERNMENT OPERATIONS RECOMMENDATION NUMBER 8 IS
ADDRESSED BY SECTIONS 4 AND 5 OF THE BILL REPORTED BY THE COMMITTEE ON
SCIENCE AND TECHNOLOGY.
THE COMMITTEE ON GOVERNMENT OPERATIONS RECOMMENDATIONS NUMBER 9 AND
10 WERE ADDRESSED BY THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE
WHICH STRUCK IN SUBCOMMITTEE MARK-UP THOSE PROVISIONS RELATING TO
FEDERAL FINANCIAL ASSISTANCE THROUGH THE USE OF LOAN AND BOND
GUARANTEES, FOR THE CONSTRUCTION OF RESOURCE RECOVERY FACILITIES.
PURSUANT TO SECTION 308 (A) OF THE CONGRESSIONAL BUDGET ACT OF 1974
THE FOLLOWING STATEMENT IS MADE: AS THIS BILL PROVIDES NEITHER BUDGET
AUTHORITY (APPROPRIATIONS) NOR TAX EXPENDITURES, SECTION 308 (A) DOES
NOT APPLY.
IN COMPLIANCE WITH CLAUSE 3 OF RULE XIII OF THE RULES OF THE HOUSE OF
REPRESENTATIVES, CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED,
ARE SHOWN AS FOLLOWS (EXISTING LAW PROPOSED TO BE OMITTED IS ENCLOSED IN
BLACK BRACKETS, NEW MATTER IS PRINTED IN ITALICS, EXISTING LAW IN WHICH
NO CHANGE IS PROPOSED IS SHOWN IN ROMAN):
SEC. 207, (A) THE SECRETARY MAY FROM TIME TO TIME, UPON SUCH TERMS
AND CONDITIONS CONSISTENT WITH THIS SECTION AS HE FINDS APPROPRIATE TO
CARRY OUT THE PURPOSES OF THIS ACT, MAKE GRANTS TO STATE, INTERSTATE,
MUNICIPAL, AND INTERMUNICIPAL AGENCIES, AND ORGANIZATIONS COMPOSED OF
PUBLIC OFFICIALS WHICH ARE ELIGIBLE FOR ASSISTANCE UNDER SECTION 701 (G)
OF THE HOUSING ACT OF 1954, OF NOT TO EXCEED 662 3 PER CENTUM OF THE
COST IN THE CASE OF AN APPLICATION WITH RESPECT TO AN AREA INCLUDING
ONLY ONE MUNICIPALITY, AND NOT TO EXCEED 75 PER CENTUM OF THE COST IN
ANY OTHER CASE, OF--
((1) MAKING SURVEYS OF SOLID WASTE DISPOSAL PRACTICES AND PROBLEMS
WITHIN THE JURISDICTIONAL AREAS OF SUCH AGENCIES AND
((2) DEVELOPING AND REVISING SOLID WASTE DISPOSAL PLANS AS PART OF
REGIONAL ENVIRONMENTAL PROTECTION SYSTEMS FOR SUCH AREAS, PROVIDING FOR
RECYCLING OR RECOVERY OF MATERIALS FROM WASTES WHENEVER POSSIBLE AND
INCLUDING PLANNING FOR THE REUSE OF SOLID WASTE DISPOSAL AREAS AND
STUDIES OF THE EFFECT AND RELATIONSHIP OF SOLID WASTE DISPOSAL PRACTICES
ON AREAS ADJACENT TO WASTE DISPOSAL SITES.
((3) DEVELOPING PROPOSALS FOR PROJECTS TO BE CARRIED OUT PURSUANT TO
SECTION 208 OF THIS ACT, OR
(4) PLANNING PROGRAMS FOR THE REMOVAL AND PROCESSING OF ABANDONED
MOTOR VEHICLE HULKS.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 083 OF 90
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(TB) GRANTS PURSUANT TO THIS SECTION MAY BE MADE UPON APPLICATION
THEREFOR WHICH--
((1) DESIGNATES OR ESTABLISHES A SINGLE AGENCY (WHICH MAY BE AN
INERDEPARTMENTAL AGENCY) AS THE SOLE AGENCY FOR CARRYING OUT THE
PURPOSES OF THIS SECTION FOR THE AREA INVOLVED.
((2) INDICATES THE MANNER IN WHICH PROVISION WILL BE MADE TO ASSURE
FULL CONSIDERATION OF ALL ASPECTS OF PLANNING ESSENTIAL TO AREAWIDE
PLANNING FOR PROPER AND EFFECTIVE SOLID WASTE DISPOSAL CONSISTENT WITH
THE PROTECTION OF THE PUBLIC HEALTH AND WELFARE, INCLUDING SUCH FACTORS
AS POPULATION GROWTH, URBAN AND METROPOLITAN DEVELOPMENT, LAND USE
PLANNING, WATER POLLUTION CONTROL, AIR POLLUTION CONTROL, AND THE
FEASIBILITY OF REGIONAL DISPOSAL AND RESOURCE RECOVERY PROGRAMS:
((3) SETS FORTH PLANS FOR EXPENDITURE OF SUCH GRANT, WHICH PLANS
PROVIDE REASONABLE ASSURANCE OF CARRYING OUT THE PURPOSES OF THIS
SECTION:
((4) PROVIDES FOR SUBMISSION OF SUCH REPORTS OF THE ACTIVITIES OF THE
AGENCY IN CARRYING OUT THE PURPOSES OF THIS SECTION, IN SUCH FORM AND
CONTAINING SUCH INFORMATION, AS THE SECRETARY MAY FROM TIME TO TIME FIND
NECESSARY FOR CARRYING OUT THE PURPOSES OF THIS SECTION AND FOR KEEPING
SUCH RECORDS AND AFFORDING SUCH ASSECC THERETO AS HE MAY FIND NECESSARY;
AND
((5) PROVIDES FOR SUCH FISCAL-CONTROL AND FUND-ACCOUNTING PROCEDURES
AS MAY BE NECESSARY TO ASSURE PROPER DISBURSEMENT OF AND ACCOUNTING FOR
FUNDS PAID TO THE AGENCY UNDER THIS SECTION.
((C) THE SECRETARY SHALL MAKE A GRANT UNDER THIS SECTION ONLY IF HE
FINDS THAT THERE IS SATISFACTORY ASSURANCE THAT THE PLANNING OF SOLID
WASTE DISPOSAL WILL BE COORDINATED, SO FAR AS PRACTICABLE, WITH AND NOT
DUPLICATE OTHER RELATED STATE, INTERSTATE, REGIONAL, AND LOCAL PLANNING
ACTIVITIES, INCLUDING THOSE FINANCED IN PART WITH FUNDS PURSUANT TO
SECTION 701 OF THE HOUSING ACT OF 1954.)
EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF MANAGEMENT AND BUDGET,
WASHINGTON, D. C., AUGUST 26, 1976.
HON. FRED B. ROONEY, CHAIRMAN, SUBCOMMITTEE ON TRANSPORTATION AND
COMMERCE, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, HOUSE OFFICE
BUILDING. ANNEX 2, WASHINGTON, D.C.
DEAR MR. CHAIRMAN: THIS LETTER RESPONDS TO YOUR REQUEST IN OUR
RECENT MEETING ON YOUR SUBCOMMITTEE'S DRAFT RESOURCE CONSERVATION AND
RECOVERY ACT OF 1976 (H.R. 14496).
WE HAVE THOROUGHLY REVIEWED THE BILL AND WOULD LIKE TO FOCUS OUR
COMMENTS ON ITS FOUR MAJOR STRATEGIES TO IMPROVE THE NATION'S SOLID
WASTE MANAGEMENT PRACTICES. THESE INCLUDE SECTIONS:
AUTHORIZING LOAN GUARANTEES FOR THE CONSTRUCTION AND OPERATION OF
RESOURCE RECOVERY FACILITIES:
ESTABLISHING A COMPREHENSIVE HAZARDOUS WASTE MANAGEMENT SYSTEM WHICH
OUTLINES CRITERIA FOR IDENTIFYING, TRANSPORTING AND DISPOSING OF
HAZARDOUS WASTES:
AUTHORIZING GRANTS TO STATES FOR DEVELOPING AND IMPLEMENTING LOCAL
DISCARDED MATERIAL PLANS AND HAZARDOUS WASTE MANAGEMENT SYSTEMS:
PROHIBITING THE CONTINUED USE OF OPEN DUMPS AND AUTHORIZING
PROMULGATION OF UNIFORM NATIONAL CRITERIA AND STANDARDS FOR SANITARY
LANDFILLS.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 084 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
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ON SEVERAL OCCASIONS, THE ADMINISTRATION HAS EXPRESSED STRONG
OPPOSITION TO THE RESOURCE RECOVERY LOAN GUARANTEES STRATEGY. WE HAVE
NOT FOUND CONVINCING EVIDENCE THAT LOCALITIES ARE EXPERIENCING PROBLEMS
IN THE CONSTRUCTION OF RESOURCE RECOVERY FACILITIES DUE TO LACK OF
PRIVATE FINANCING. ON THE CONTRARY, THE BARRIERS TO LOCAL DEVELOPMENT
OF RESOURCE RECOVERY APPEAR TO BE A COMBINATION OF INTITUTIONAL, LOCAL
AND TECHNICAL PROBLEMS, OFTEN COMBINED WITH UNCERTAINTY AS TO MARKET
DEMAND FOR RECOVERED MATERIALS. ACCORDINGLY, THE ADMINISTRATION
STRONGLY OPPOSES ENACTMENT OF A LOAN GUARANTEE PROGRAM FOR RESOURCE
RECOVERY. I NOTE THAT THE HOUSE COMMITTEE ON GOVERNMENT OPERATIONS HAS
REACHED A SIMILAR CONCLUSION.
TO THE EXTENT THERE IS A NEED TO CONTROL MANAGEMENT OF HAZARDOUS
WASTES NOT PRESENTLY REGULATED, WE AGREE WITH THE GENERAL APPROACH OF
THE BILL WHICH AUTHORIZES THE ENVIRONMENTAL PROTECTION AGENCY (EPA) TO
ESTABLISH FEDERAL GUIDELINES, BUT DELEGATES IMPLEMENTATION TO THE
STATES. IF STATES DO NOT ENFORCE THE GUIDELINES, HOWEVER, WE BELIEVE
THAT EPA'S ENFORCEMENT ROLE SHOULD BE DIRECTED AGAINST INDIVIDUAL
SOURCES RATHER THAN AGAINST SUCH STATES SO AS TO LIMIT FEDERAL
INTERVENTION TO ONLY THE MOST SERIOUS THREATS TO PUBLIC HEALTH.
THE SAFE DRINKING WATER ACT OF 1974 WAS ENACTED TO PREVENT
CONTAMINATION OF DRINKING WATER CAUSED BY HAZARDOUS WASTES AND OTHER
CONTAMINANTS. AS WE READ THE UNDERGROUND INJECTION PROVISION OF THAT
ACT, WE BELIEVE THAT A SUBSTANTIAL PROPORTION OF HAZARDOUS WASTES ARE
CURRENTLY SUBJECT TO CONTROL UNDER THAT AUTHORITY. IN DRAFTING FURTHER
CONTROLS OVER HAZARDOUS WASTES, WE WOULD HOPE THAT THE COMMITTEE WOULD
TAKE INTO CONSIDERATION THIS EXISTING AUTHORITY.
WE SUPPORT REQUIRING STATES TO DEVELOP PLANS FOR HAZARDOUS WASTE
MANAGEMENT. ALTHOUGH WE HAVE RESERVATIONS, WE DO NOT OPPOSE REQUIRING
STATES TO DEVELOP PLANS FOR DISCARDED MATERIALS. HOWEVER, WE STRONGLY
OPPOSE PROVIDING FINANCIAL ASSISTANCE FOR PLANNING TO STATES WHICH
ALREADY MEET THE SUBSTANTIVE REQUIREMENTS OF THE ACT, AND WE ALSO
STRONGLY OPPOSE PROVIDING ASSISTANCE TO STATES FOR THE IMPLEMENTATION
AND ENFORCEMENT OF STATE PROGRAMS.
WE BELIEVE THESE CONCLUSIONS ARE CONSISTENT WITH OUR POSITION THAT
THE FEDERAL INTEREST SHOULD BE LIMITED TO INITIATING STATE AND LOCAL
EFFORTS TO PROTECT THE NATION'S DRINKING WATER SUPPLY, AND THAT
RESPONSIBILITY FOR CONTINUING SUCH PROTECTION SHOULD REMAIN WITH THE
STATES AND LOCALITIES. ACCORDINGLY WE RECOMMEND THAT THE ACT LIMIT ANY
GRANT TO THE PLANNING PHASE, ESTABLISH A SPECIFIC DATE FOR TERMINATION
OF THE GRANT AND SET ELIGIBILITY CRITERIA THAT WOULD NOT INCLUDE STATES
WHICH ALREADY MEET THE SUBSTANTIVE REQUIREMENTS OF THE ACT.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 085 OF 90
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FOREIGN COMMERCE WASHINGTON, DC
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WE SUPPORT THE PROVISIONS OF THE ACT WHICH AUTHORIZE EPA TO DEVELOP
CRITERIA FOR THE SITING, CONSTRUCTION AND OPERATION OF SANITARY
LANDFILLS. HOWEVER, WE DO NOT BELIEVE THAT FINANCIAL ASSISTANCE TO
STATES SHOULD BE CONTINGENT UPON THE ADOPTION BY STATE AND LOCAL
GOVERNMENTS OF ANY SUCH CRITERIA OTHER THAN THOSE RELATED TO CONTROL OF
HAZARDOUS WASTES OR AN IMMINENT HAZARD TO PUBLIC HEALTH. IN THE ABSENCE
OF SUCH A HAZARD, WE PERCEIVE NO LEGITIMATE FEDERAL INTEREST BEYOND
DEVELOPMENT GUIDELINES. WE NOTE THAT A NUMBER OF STATES HAVE ENACTED
LEGISLATION TO CONTROL IMPROPER DISPOSAL PRACTICES. IN PARTICULAR,
CALIFORNIA HAS RECENTLY ESTABLISHED A MODEL LANDFILL CLASSIFICATION
SYSTEM.
THERE ARE THREE OTHER PROVISIONS WHICH CONCERN US. ESTABLISHMENT OF
A NEW ASSISTANT ADMINISTRATOR TO DIRECT AN OFFICE OF DISCARDED MATERIALS
WOULD CONSTITUTE AN INAPPROPRIATE ALLOCATION OF MANAGEMENT RESOURCES.
WE DO NOT BELIEVE THAT THE SCOPE OF ACTIVITIES OF SUCH AN OFFICE IS
SUFFICIENTLY LARGE AND DIVERSE TO REQUIRE LEVEL IV SUPERVISION.
MOREOVER, STATUTORY ESTABLISHMENT OF THE POSITION AND THE OFFICE WILL
LIMIT NEEDED FLEXIBILITY IN THE ADMINISTRATOR TO COORDINATE THE
ACTIVITIES UNDER THE ACT WITH OTHER SIMILAR OR COMPLEMENTARY EPA
ACTIVITIES.
WE STRONGLY OPPOSE ANY IMPLICATION IN THE ACT THAT THE EPA
ADMINISTRATOR WOULD BE REPRESENTED IN COURT BY AN ATTORNEY OTHER THAN
THE ATTORNEY GENERAL. WHATEVER MERIT THERE MAY BE IN INDIVIDUAL
AGENCIES EMPLOYING THEIR OWN COUNSEL IN LITIGATION, WE BELIEVE THERE IS
AN OVERRIDING INTEREST IN CENTRALIZING ALL SUCH ACTIVITIES IN THE
ATTORNEY GENERAL FOR PURPOSES OF COORDINATION AND EFFICIENCY OF
UTILIZATION AND RESOURCES.
FINALLY, WE OBJECT TO SUBJECTING FEDERAL GOVERNMENT TO THE PROCEDURAL
REQUIREMENTS FOR REPORTING AND OBTAINING PERMITS UNDER 50 STATE LAWS.
SUCH REQUIREMENTS--MORE LIKELY THAN NOT--WILL DIFFER, EVEN TO THE POINT
OF CONFLICT, REQUIRING EXCESSIVE ATTENTION TO THE NICETIES OF STATE LAW
WITHOUT ANY SUBSTANTIAL BENEFITS.
JAMES T. LYNN, DIRECTOR. DEPARTMENT OF JUSTICE. WASHINGTON, JULY
16, 1976.
HON. FRED B. ROONEY. CHAIRMAN, SUBCOMMITTEE ON TRANSPORTATION AND
COMMERCE, HOUSE OF REPRESENTATIVES, WASHINGTON, D.C.
DEAR MR. CHAIRMAN: THIS IS IN RESPONSE TO YOUR REQUEST FOR THE VIEWS
OF THE DEPARTMENT OF JUSTICE ON THE ISSUE OF CRIMIAL AND CIVIL
PENALITIES IN ENVIRONMENTAL LAWS, WITH SPECIFIC REFERENCE TO H.R. 14496,
THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976.
THE DEPARTMENT OF JUSTICE FAVORS THE INCLUSION OF BOTH CIVIL AND
CRIMINAL SANCTIONS FOR THE MOST EFFECTIVE ENFORCEMENT OF ENVIRONMENTAL
LAWS. IT HAS BEEN THE EXPERIENCE OF THE DEPARTMENT WITH THE CLEAN AIR
ACT, 42U.S.C. 1857 ET SEQ.: THE FEDERAL WATER POLLUTION CONTROL ACT
AMENDMENTS OF 1972, 33 U.S.C. 1251 ET SEQ.: THE 1899 RIVERS AND HARBORS
ACT, 33 U.S.C. 401 ET SEQ.: AND OTHER ENVIRONMENTAL STATUTES THAT BOTH
SANCTIONS ARE USEFUL IN DIFFERENT SITUATIONS.
THE AVAILABILITY OF THE TWO TYPES OF PENALTIES ADDS NEEDED
FLEXIBILITY TO THE ENFORCEMENT PROGRAM. FOR EXAMPLE, THE MORE COMMONLY
USED CIVIL PENALTY IS PARTICULARLY APPROPRIATE FOR MINOR OR UNKNOWING OR
CORRECTABLE VIOLATIONS, ESPECIALLY WHERE COUPLED WITH AN INJUNCTION.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 086 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
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PROCEDURALLY, A CIVIL ACTION IS EASIER TO BRING AND SIMPLER TO PROVE,
BECAUSE OF THE EASIER "PREPONDERANCE OF THE EVIDENCE" RATHER THAN THE
"BEYOND A REASONABLE DOUBT" STANDARD.
THE CRIMINAL PENALTIES ARE OFTEN MORE APPROPRIATE WHERE THERE IS A
CLEAR, KNOWING DISREGARD FOR THE LAW. IN PRACTICE CRIMINAL SANCTIONS
ARE SOUGHT IN CASES OF BLATANT OR REPEATED ACTS WHICH CAUSE SIGNIFICANT
HARM TO THE ENVIRONMENT OR INVOLVE FRAUD UPON THE GOVERNMENT. RECENTLY,
WE FILED MULTICOUNT INDICTMENTS AGAINST ALLIED CHEMICAL COMPANY AND
OTHERS FOR THE DISCHARGES OF KEPONE INTO THE JAMES RIVER WITHOUT A
PERMIT. AS YOU KNOW, ONE OF THE CASES IS SCHEDULED FOR TRIAL ON AUGUST
30, 1976. SEVERAL YEARS AGO WE FILED A CRIMIAL INFORMATION AGAINST FORD
MOTOR COMPANY FOR SUBMITTING FALSE REPORTS TO THE ENVIRONMENTAL
PROTECTION AGENCY INVOLVING THE COMPANY'S APPLICATION FOR CERTIFICATES
OF CONFORMITY UNDER THE CLEAN AIR ACT. THE COMPANY WAS CONVICTED AND
FINED $3,500,000.
THE PROVISION IN SECTION 308 OF H.R. 14496 OF BOTH CIVIL AND CRIMINAL
PENALTIES WOULD GIVE THE ENFORCING AGENCY VALUABLE FLEXIBILITY IN
DEALING WITH VIOLATORS. THE ACTS FOR WHICH CRIMINAL PENALTIES ARE
SPECIFIED ARE THE SORTS OF CLEAR, KNOWING, HARMFUL ACTS FOR WHICH
CRIMINAL PENALTIES ARE PARTICULARLY SUITED. THE PROVISION IN THE BILL
OF FINES "OF NOT MORE THAN $25,000" AND "IMPROSIONMENT NOT TO EXCEED ONE
YEAR" GIVES THE SENTENCING JUDGE THE FLEXIBILITY NEEDED TO TAILOR THE
PENALTY TO THE GRAVITY OF THE PARTICULAR OFFENSE. THE THREAT OF
IMPRISONMENT MAY ALSO SERVE AS A USEFUL DETERRENT WHEN THERE IS A
TEMPTATION TO CONSIDER FINES MERELY PART OF THE COST OF DOING BUSINESS.
FOR THESE REASONS IT IS THE DEPARTMENT OF JUSTICE'S VIEW THAT BOTH
CIVIL AND CRIMINAL PENALTIES ARE APPROPRIATE IN ENVIRONMENTAL STATUTES.
WE WOULD ALSO NOTE THAT SECTION 203 OF THE ACT GRANTS LITIGATION
AUTHORITY TO EPA. AS THE LITIGATING AGENT FOR EPA IN ALL ITS CURRENT
LEGISLATION, THE DEPARTMENT OF JUSTICE STRONGLY OPPOSES THIS SECTION AND
PLANS TO SUBMIT SEPARATE COMMENTS ON IT.
PETER R. TAFT, ASSISTANT ATTORNEY GENERAL, LAND AND NATURAL RESOURCES
DIVISION.
PART II OF H.R. 14496 CONTAINS THE IDENTICAL TEXT OF H.R. 14965, THE
"SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 1976" AS REPORTED BY THE
COMMITTEE ON SCIENCE AND TECHNOLOGY SEPTEMBER 1, 1976.
THE COMMITTEE INCLUDED PART II IN RESPONSE TO A REQUEST BY THE
CHAIRMAN OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY. ITS INCLUSION IS
INTENDED SIMPLY TO PROVIDE A MEANS FOR THE MEMBERS TO CONSIDER THE
RESEARCH AND DEVELOPMENT ASPECTS OF THE SOLID WASTE TOGETHER WITH
PROGRAMMATIC AND REGULATORY ASPECTS WHICH ARE SOLELY WITHIN THE
JURISDICTION OF THIS COMMITTEE AND CONTAINED IN PART I OF THE BILL.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 087 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
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THE LETTER FROM THE COMMITTEE ON SCIENCE AND TECHNOLOGY FOLLOWS WITH
THE TEXT OF THE REPORT ON H.R. 14965, COVERING PART II OF THE REPORTED
BILL, FOLLOWING IMMEDIATELY THEREAFTER:
COMMITTEE ON SCIENCE AND TECHNOLOGY, U.S. HOUSE OF REPRESENTATIVES,
WASHINGTON, D.C., AUGUST 30, 1976.
HON. HARLEY O. STAGGERS. CHAIRMAN, INTERSTATE AND FOREIGN COMMERCE
COMMITTEE. RAYBURN HOUSE OFFICE BUILDING, WASHINGTON, D.C.
DEAR MR. CHAIRMAN: I AM WRITING TO SUGGEST A PROCEDURE FOR
COORDINATING THE WORK OF OUR TWO COMMITTEES ON SOLID WASTE LEGISLATION
THAT WILL RECOGNIZE AND MAINTAIN THE SEPARATE JURISDICTIONS OF THE TWO
COMMITTEES. SPECIFICALLY, I WANT TO SUGGEST A PROCEDURE FOR COMBINING
OUR BILLS, H.R. 14965, AND YOURS, H.R. 14496.
MY UNDERSTANDING IS THAT YOUR BILL PROVIDES FOR REGULATION OF
HAZARDOUS WASTE DISPOSAL, STATE PLANNING, AND RELATED MATTERS.
I MIGHT JUST NOTE THAT A SIMILAR PROCEDURE WAS FOLLOWED IN THE CASE
OF THE CLEAN AIR ACT AMENDMENTS OF 1976, H.R. 14498. THAT BILL CONTAINS
AS SECTION 107 LANGUAGE ESSENTIALLY IDENTICAL TO THAT REPORTED BY OUR
COMMITTEE AS H.R. 3118, WHICH HAD BEEN DEVELOPED JOINTLY BY THE
SUBCOMMITTEE ON HEALTH AND THE ENVIRONMENT OF YOUR COMMITTEE.
AS YOU KNOW, THE SCIENCE AND TECHNOLOGY COMMITTEE ORDERED H.R. 14965
REPORTED ON AUGUST 10, 1976. THIS BILL WAS DRAFTED IN CONSULTATION WITH
YOUR COMMITTEE, AUTHORIZED PROGRAMS OF RESEARCH, DEVELOPMENT, AND
DEMONSTRATION AND TECHNICAL INFORMATION COLLECTION AND DISSEMINATION
RELATING TO SOLID WASTE PROGRAMS.
IF YOU AGREE THAT THE PROGRAMS FOR RESEARCH, DEVELOPMENT AND
DEMONSTRATION PROFECTS IN THE SOLID WASTE FIELD PROVIDED FOR IN H.R.
14965, AS REPORTED FROM THE COMMITTEE, WOULD BE APPROPRIATE FOR
INCLUSION IN H.R. 14496, THE SOLID WASTE BILL UNDER THE CONSIDERATION BY
YOUR COMMITTEE, IT SEEMS TO US THAT THE PROVISION OF H.R. 144965 MIGHT
BE ADDED AS A SEPARATE TITLE TO THE BILL YOU ARE CONSIDERING, H.R.
14496, AND THAT APPROPRIATE EXPLANATORY MATERIAL FROM OUR COMMITTEE
REPORT ACCOMPANYING H.R. 14965 MIGHT ALSO BE INCLUDED IN THE REPORT FROM
YOUR COMMITTEE TO ACCOMPANY H.R. 14496.
I AM SURE THAT IMMEDIATE TECHNICAL AND CONFORMING CHANGES WHICH MAY
BE REQUIRED BY THIS PROCEDURE COULD BE HANDLED IN THE SAME SPIRIT OF
COOPERATION THAT PREVAILED IN THE CLEAN IAIR ACT AMENDMENTS OF 1976.
IF THIS PROCEDURE IS FOLLOWED, I WOULD REQUEST THAT THIS LETTER BE
INCLUDED IN YOUR COMMITTEE REPORT THAT ACCOMPANIES H.R. 14496 SO AS TO
CLARIFY AND PRESERVE THE LEGILATIVE JURISDICTION OF BOTH COMMITTEE.
I WILL BE HAPPY TO DISCUSS THIS MATTER IN MORE DETAIL IF YOU SO
DESIRE.
OLIN E. TEAGUE. CHAIRMAN, COMMITTEE ON SCIENCE AND TECHNOLOGY.
760909
RESOURCE CONSERVATION AND RECOVERY ACT OF 760000 REPORT ON H.R. 14496
INCLUDING COST ESTIMATE OF THE CONGRESSIONAL BUDGET OFFICE REPORT
94-1491 HOUSE OF REPRESENTATIVES, 94TH CONGRESS, SECOND SESSION
PART 088 OF 90
UNITED STATES HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE WASHINGTON, DC
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BLANK PAGE OMMITTED
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 001 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
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CORRESPONDENCE
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SEPTEMBER 1, 1976. -- COMMITTED TO THE COMMITTEE OF THE WHOLE HOUSE
ON THE STATE OF THE UNION AND ORDERED TO BE PRINTED
MR. TEAGUE, FROM THE COMMITTEE ON SCIENCE AND TECHNOLOGY, SUBMITTED
THE FOLLOWING
THE COMMITTEE ON SCIENCE AND TECHNOLOGY, TO WHOM WAS REFERRED THE
BILL (H.R. 14965) TO AMEND TE SOLID WASTE DISPOSAL ACT TO PROVIDE
CERTAIN AUTHORITIES RESPECTING RESEARCH, DEVELOPMENT, AND DEMONSTRATION,
AND FOR OTHER PURPOSES, HAVING CONSIDERED THE SAME, REPORT FAVORABLY
THEREON WITH AMENDMENTS AND RECOMMEND THAT THE BILL DO PASS.
THE AMENDMENTS ARE LISTED AND EXPLAINED IN "COMMITTEE ACTIONS".
THE PURPOSE OF THE BILL IS TO BROADEN THE AUTHORITY OF THE
ENVIRONMENTAL PROTECTION AGENCY TO CONDUCT RESEARCH ON SPECIFIC ASPECTS
OF SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY; TO PROVIDE FOR SPECIAL
STUDIES; TO PROVIDE FOR A PROGRAM OF INFORMATION COLLECTION AND
DISSEMINATION; TO ENSURE THE COORDINATION OF SOLID WASTE RESEARCH GOALS
WITH REGULATORY AND IMPLEMENTATION POLICY.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 002 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110730
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
/1/ IN PREPARING THIS SECTION SEVERAL DOCUMENTS WERE USED AS SOURCES
AND ARE RECOMMENDED TO THE READER INTERESTED IN FURTHER INFORMATION:
(1) MATERIALS RELATING TO THE RESOURCE CONSERVATION AND RECOVERY ACT OF
1976. COMMITTEE PRINT. COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,
U.S. HOUSE OF REPRESENTATIVES. APRIL, 1976. (2) GAO REPORT TO THE
CONGRESS: USING SOLID WASTE TO CONSERVE RESOURCES AND TO CREATE ENERGY.
COMPTROLLER GENERAL OF THE U.S., FEB. 27, 1975. NO. RED-75-326. (3)
THIRD REPORT TO CONGRESS: RESOURCE RECOVERY AND WASTE REDUCTION, U.S.
ENVIRONMENTAL PROTECTION AGENCY. 1975, NO. SW-161.
BACKGROUND
THIS BACKGROUND SECTION CONTAINS A BRIEF, SELECTIVE RECITATION OF
SOME OF THE PERTINENT FACTS PERTAINING TO SOLID WASTE. /1/ A
COMPREHENSIVE DISCUSSION WOULD BE TOO MASSIVE FOR A LEGISLATIVE REPORT
-- RATHER, AN ATTEMPT IS MADE TO PRESENT SOME ILLUSTRATIVE INFORMATION
INDICATING THAT THIS IS A LARGE PROBLEM, IN WHICH ADDITIONAL LEGISLATION
IS NEEDED.
INCLUDED BELOW IS A DISCUSSION OF THE SOURCES AND CHARACTERISTICS OF
THE SOLID WASTE STREAM; OF HOW IT IS DISPOSED OF AND WHAT THIS DISPOSAL
COSTS; OF THE ADVERSE ENVIRONMENTAL IMPACTS THAT CAN RESULT FROM
IMPROPER DISPOSAL; AND FINALLY OF THE RESOURCES-MATERIALS AND
ENERGY-THAT CAN BE RECOVERED FROM SOLID WASTE.
ABOUT 2.8 BILLION TONS OF SOLID WASTE ARE GENERATED EVERY YEAR IN THE
UNITED STATES. OF THIS, ABOUT 1.783 MILLION TONS ARE FROM MINING; 687
MILLION ARE AGRICULTURAL; 135 MILLION ARE MUNICIPAL; 260 MILLION ARE
INDUSTRIAL; AND 7.3 MILLION ARE SEWAGE SLUDGE. THE TWO SMALLEST
CATEGORIES, MUNICIPAL WASTE AND SEWAGE SLUDGE, ARE CERTAINLY NOT THE
LEAST IMPORTANT. MANAGEMENT OF MUNICIPAL WASTE IS IMPORTANT BECAUSE IT
IS HIGHLY VISIBLE, IS GENERATED IN AREAS WITH LIMITED STORAGE SPACE,
AND, IF NOT HANDLED CORRECTLY, PRESENTS A THREAT TO THE PUBLIC HEALTH.
NEARLY 80 PERCENT OF MUNICIPAL WASTE IS COMBUSTIBLE AND IF USED TO
PRODUCE ENERGY IT COULD AMOUNT TO ABOUT 1.5 PERCENT OF THE NATION'S
ENERGY CONSUMPTION. OF THE REMAINING 20 PERCENT, ABOUT 10 PERCENT IS
GLASS, 9 PERCENT METAL, AND 1 PERCENT MISCELLANEOUS.
LOOKING AT THE MUNICIPAL SOLID WASTE STREAM IN ANOTHER WAY, ABOUT 80
PERCENT IS DERIVED FROM MARKET PRODUCTS AS OPPOSED TO YARD AND GARDEN
SOURCES. EXCLUDING DISCARDED FOOD MATERIALS, DISCARDED MARKET MATERIALS
ACCOUNT FOR 60 PERCENT OF THE SOLID WASTE STREAM AND THIS AMOUNTS TO
ABOUT 70 TO 80 MILLION TONS ANNUALLY. WASTE REDUCTION AND MATERIAL
RECYCLING PROGRAMS ARE PRINCIPALLY DIRECT TO THIS 70 TO 80 MILLION TON
FRACTION.
ABOUT ONE-THIRD OF THIS POST-CONSUMER SOLID WASTE IS CONTAINER AND
PACKAGING MATERIALS, 72 PERCENT OF THE METAL AND GLASS IN THIS FRACTION
IS COMPOSED OF CONTAINER AND PACKAGING MATERIALS.
CONSUMER DURABLE GOODS -- APPLIANCES, FURNITURE, ETC. -- ACCOUNT FOR
10 TO 12 PERCENT OF THE MUNICIPAL SOLID WASTE STREAMS WHILE NEWSPAPERS,
BOOKS, AND MAGAZINES ACCOUNT FOR ABOUT 8 PERCENT.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 003 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110731
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
RAW MUNICIPAL REFUSE HAS A TYPICAL HEATING VALUE (ENERGY CONTENT) OF
ABOUT 4600 BRITISH THERMAL UNITS (BTU) PER POUND. IF THE METAL AND
GLASS FRACTIONS ARE REMOVED THE HEAT VALUE IS ABOUT 5500 BTU PER POUND.
FOR COMPARISON, COAL YIELDS 12000 BTU PER POUND ON THE AVERAGE. THE ASH
CONTENT OF THE REFUSE WITH GLASS AND METAL REMOVED IS ABOUT 5 PERCENT,
COMPARABLE TO COAL ON A PER POUND BASIS BUT ABOUT TWICE THAT OF COAL ON
A PER BTU BASIS.
COLLECTION OF MUNICIPAL SOLID WASTE (COMMERCIAL AND RESIDENTIAL IS A
MAJOR ASPECT OF SOLID WASTE MANAGEMENT. ON A NATIONAL AVERAGE BASIS IT
COSTS ABOUT $21 A TON TO COLLECT SOLID WASTE AND ABOUT $5 A TON TO
FURTHER PROCESS AND DISPOSE OF IT IN LANDFILLS. THUS, NATIONALLY THIS
IMPLIES A DIRECT COST OF ABOUT $3.5 BILLION TO COLLECT AND DISPOSE OF
MUNICIPAL SOLID WASTE, OF WHICH $2.8 BILLION IS FOR COLLECTION.
IN 1974, 61 PERCENT OF CITIES HAVING OVER 10,000 POPULATION OPERATED
A RESIDENTIAL COLLECTION SYSTEM AND 39 PERCENT ALSO COLLECTED COMMERCIAL
WASTE. WHERE THERE IS NO CITY-OPERATED SYSTEM PRIVATE HAULERS PERFORM
THE SERVICE. PRIVATE HAULERS COLLECT ABOUT 50 PERCENT OF RESIDENTIAL
AND 90 PERCENT OF COMMERCIAL WASTE. RESIDENTIAL COLLECTION IS LARGELY
MANNUAL, COMMERCIAL COLLECTION IS MORE MECHANIZED.
FREQUENCY OF COLLECTION IS TWICE A WEEK IN HALF THE CITIES SURVEYED
AND ONCE A WEEK IN MOST OTHER CITIES. ONCE A WEEK COLLECTION CAN REDUCE
COSTS BY NEARLY 50 PERCENT.
IT IS BELIEVED THAT MOST MUNICIPAL SOLID WASTE IS STILL DISPOSED OF
IN OPEN DUMPS OR LANDFILLS THAT COULD NOT BE CONSIDERED TRULY SANITARY
LANDFILLS. SANITARY LANDFILLING IS A DISPOSAL METHOD ENGINEERED TO
MINIMIZE ENVIRONMENTAL INSULTS. PROPERLY CONDUCTED, THE WASTE IS SPREAD
INTO THIN LAYERS, COMPRESSED, AND COVERED WITH COMPACTED EARTH. FEW
LANDFILLS HAVE BEEN ENGINEERED TO MINIMIZE LEACHATE PROBLEMS, BECAUSE
THIS PROBLEM HAS ONLY RECENTLY BEEN RECOGNIZED. HOWEVER, IT IS NOW
BEING FOUND THAT WATER SEEPING THROUGH A LANDFILL CAN DISSOLVE TOXIC
MATERIALS, ETC., AND CAUSE POLLUTION OF BOTH GROUNDWATER AND SURFACE
WATER. DESIGNING LANDFILLS TO CONTROL LEACHING PROBLEMS WILL
UNDOUBTEDLY RAISE THE COST OF THIS METHOD.
INDUSTRIAL WASTES, BECAUSE THEY TEND TO BE CONCENTRATED AND
RELATIVELY UNIFORM, ARE LARGELY RECYCLED WHERE RECYCLING IS FEASIBLE.
COLLECTION OF INDUSTRIAL WASTE GENERALLY SEEMS TO BE MORE MECHANIZED AND
EFFICIENT THAN MUNICIPAL COLLECTION. PROBLEMS ARISE WHEN FLAMMABLE,
TOXIC, CORROSIVE, OR OTHERWISE HAZARDOUS INDUSTRIAL WASTES MUST BE DEALT
WITH.
DISPOSAL OF SOLID WASTES, INCLUDING HAZARDOUS WASTES, CAN HAVE
ADVERSE ENVIRONMENTAL IMPACT IN SEVERAL WAYS. THE FOLLOWING PARAGRAPHS
DISCUSS FIVE DIFFERENT TYPES OF SUCH IMPACTS.
(I) PERHAPS THE MOST PERNICIOUS EFFECT IS THE CONTAMINATION OF GROUND
WATER BY LEACHATE FROM LAND DISPOSAL OF WASTE. ABOUT HALF OF THE U.S.
DOMESTIC WATER SUPPLY IS FROM UNDERGROUND WATER AND THUS IS POTENTIALLY
SUBJECT TO CONTAMINATION. SUCH CONTAMINATION IS ESPECIALLY VEXING
BECAUSE OFTEN IT IS DISCOVERED AFTER THE DAMAGE IS DONE AND BECAUSE THE
CONTAMINATION IS VERY LONG LASTING. THUS LEACHATE FROM A LANDFILL OR
DUMP MAY NOT SHOW UP FOR YEARS, MAYBE NOT EVEN UNTIL AFTER THE LANDFILL
HAS BEEN CLOSED. HOWEVER, ONCE A CONTAMINANT IS IN AN AQUIFER IT CAN
TAKE DECADES OR CENTURIES TO MIGRATE OUT. SUCH CONSIDERATIONS MAY MAKE
IT DIFFICULT IF NOT IMPOSSIBLE TO ASSIGN RESPONSIBILITY AND RECOVER
DAMAGES OR COSTS OF RECTIFYING THE SITUATION.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 004 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110732
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
(II) SIMILAR POLLUTION OF SURFACE WATERS MAY OCCUR WHEN WATER RUNS
OFF LANDFILLS OR DUMPS. SURFACE WATER POLLUTION MAY BE SIMPLER TO DEAL
WITH BECAUSE SUCH LONG TIMES ARE NOT INVOLVED. RUNOFF CAN ALSO
TRANSPORT POLLUTANTS AND CONTAMINATE CROPS OR PASTURELAND IF THE WATER
IS USED FOR IRRIGATION.
(III) SOLID WASTE DISPOSAL CAN CONTRIBUTE TO AIR POLLUTION THROUGH
OPEN BURNING, INCINERATION, EVAPORATION, OR SUBLIMATION, ANDWIND
EROSION. ONE SHOULD ADD TO THIS THE PROBLEM OF GENERATION OF OBNOXIOUS
ODORS FROM OPEN DUMPS AND FROM OTHER FACILITIES THAT MIGHT BE
WELLDESIGNED BUT THAT ARE POORLY OPERATED.
(IV) THERE HAVE ALSO BEEN SEVERAL CASES OF ACUTE POISONING WHEN
HAZARDOUS MATERIALS WERE IMPROPERLY DISPOSED OF, AND INDIVIDUALS OR
ANIMALS SUBSEQUENTLY CAME INTO CONTACT WITH THEM.
(V) FIRES AND EXPLOSIONS ARE THE FINAL EXAMPLE OF ADVERSE
ENVIRONMENTAL IMPACT. OPEN DUMPS AND LANDFILLS ARE OFTEN THE SITE OF
UNWANTED FIRES WHICH MAY BE VERY DIFFICULT TO EXTINGUISH IF THE BURNING
IS OCCURRING BENEATH OTHERWASTES. IN CITIES, THE IMPROPER STORAGE OF
SOLID WASTES IS INVOLVED IN MANY FIRES WHICH RESULT IN LOSS OF LIFE AND
PROPERTY, AND ADD INDIRECT COSTS TO THE DIRECT COSTS OF SOLID WASTE
MANAGMENT. FOR EXAMPLE, IN 1972, IMPROPER STORAGE OF SOLID WASTE WAS AN
ATTRIBUTED CAUSE OF 34% OF FIRES IN NEW YORK CITY AND 47% OF FIRES IN
WASHINGTON, D.C.
MANY OF THE PROBLEMS AND COSTS MENTIONED ABOVE WOULD BE MITIGATED BY
A REDUCTION IN THE AMOUNT OF WASTE GENERATED. THE COST OF COLLECTION
AND DISPOSAL OF WASTES DEPENDS ON THE AMOUNT OF WASTE INVOLVED. IN THE
FUTURE IT IS CLEAR THAT (I) COSTS OF COLLECTION WILL RISE; (II) IN MANY
AREAS IT WILL BE MORE AND MORE DIFFICULT TO FIND LANDFILL SITES; AND
(III) IT WILL BE MORE DIFFICULT FOR LANDFILLS AND INCINERATORS TO MEET
POLLUTION CONTROL REGULATIONS. THUS IT SEEMS ONLY LOGICAL THAT
REDUCTION IN THE AMOUNT OF WASTE GENERATED SHOULD BE CONSIDERED AS AN
APPROACH TO MITIGATING THE SOLID WASTE PROBLEM.
ANOTHER WAY TO REDUCE THE AMOUNT OF MATERIAL TO BE DISPOSED OF IS TO
INCREASE RECYCLING. THIS MEANS LESS NEW LANDFILL WILL BE NEEDED, AND
LESS POLLUTION FROM LANDFILLS AND INCINERATORS WILL RESULT. THE GENERAL
TERM USED, "RESOURCE RECOVERY," REFERS TO THE EXTRACTION OF ANY
RESOURCE, INCLUDING ENERGY, FROM THE SOLID WASTE STREAM. RESOURCE
RECOVERY IS THUS A VERY BROAD CONCEPT WHICH COULD INCLUDE RECOVERY OF
HEAT (ENERGY) FROM AN INCINERATOR OR EXTRACTION OF IRON AND STEEL SCRAP
FROM WASTE. ONE ALSO INCLUDES IN THIS CATEGORY "SOURCE SEPARATION"
EFFORTS IN WHICH THE PERSONS OR ESTABLISHMENTS GENERATING THE WASTES
ALSO SEPARATE THE WASTES. THIS SEPARATION AT THE SOURCE KEEPS THE
WASTES CLEANER AND THUS MAKES THEM MORE EASILY RECYCLED. FOR EXAMPLE,
IF PAPER IS NOT SEPARATED AT THE SOURCE, IT OFTEN CANNOT PRACTICALLY BE
RECYCLED AS PAPER (BUT CAN ONLY BE BURNED) BECAUSE DURING COLLECTION AND
HANDLING THE PAPER IS TOO DEGRADED BY MIXING WITH OTHER COMPONENTS OF
THE WASTE STREAM.
U.S. CONSUMPTION OF RESOURCES, BOTH MATERIALS AND ENERGY, CONTINUES
TO INCREASE. SO DOES OUR IMPORTATION OF VARIOUS MATERIALS. FOR
EXAMPLE, CONSIDER HOW MUCH OF ITS CONSUMPTION OF VARIOUS METALS THE U.S.
IMPORTS: 100% OF OUR CHROMIUM CONSUMPTION; OVER 90% OF ALUMINUM;
ABOUT 80% OF TIN; ABOUT 70% OF NICKEL, ABOUT 50% OF ZINC; AND ABOUT
30% OF IRON AND LEAD. FROM THIS ONE CAN SEE THAT RECOVERY AND RECYCLING
OF SOME MATERIALS CAN HAVE AN IMPACT FAR BEYOND LOCAL SOLID WASTE
DISPOSAL PROBLEMS.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 005 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110733
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
IT IS NOT ANTICIPATED THAT RECYCLING WILL REPLACE IMPORTATION OF
THESE MATERIALS, NOR IS IT SUGGESTED THAT THIS A PRIMARY REASON FOR
RECYCLING. RATHER THE CONTRIBUTION THAT RECYCLING CAN MAKE TO REDUCING
OUR DEPENDENCE ON FOREIGN MATERIALS SUPPLIES MAY BE THOUGHT OF AS A
"FREE" BENEFIT FROM SOLVING LOCAL SOLID WASTE DISPOSAL PROBLEMS.
THERE IS CONSIDERABLE ROOM FOR IMPROVEMENT IN RECYCLING PRACTICES --
ONLY ABOUT 20% OF PAPER IS RECYCLED; ONLY ABOUT 8% OF POST-CONSUMER AND
COMMERCIAL FERROUS METAL IS RECYCLED, AND ONLY ABOUT 1% OF ALUMINUM.
THERE IS VERY LITTLE RECYCLING OF OTHER METALS FROM THE POST-CONSUMER
SOLID WASTE STREAM ALTHOUGH THERE IS SOME RECOVERY FROM INDUSTRIAL
SCRAP.
RECOVERY OF ENERGY FROM SOLID WASTE IS ALSO IN ITS INFANCY -- EPA
PROJECTS THAT EVEN BY 1980 ONLY ABOUT 8% OF THE ENERGY FROM "AVAILABLE"
SOLID WASTE WILL BE RECOVERED. BY "AVAILABLE" THEY MEAN WASTE GENERATED
IN DENSELY POPULATED AREAS WHERE NEITHER THE WASTE NOR THE ENERGY OR
FUEL NEED BE TRANSPORTED LONG DISTANCES. THE ENERGY IN THIS WASTE IS
NOT TRIVIAL, AMOUNTING TO ABOUT FIVE PERCENT OF THE FUEL CONSUMED IN
UTILITIES, OR 28 PERCENT OF THE OIL EXPECTED TO BE DELIVERED THROUGH THE
ALASKAN PIPELINE. VARIOUS APPROACHES ARE KNOWN FOR RECOVERING ENERGY
FROM WASTE: ONE CAN INCINERATE THE WASTE AND PRODUCE STEAM IN A
WATER-WALL INCINERATOR, OR ONE CAN PROCESS THE WASTE TO PRODUCE A SOLID,
LIQUID, OR GASEOUS FUEL.
ANOTHER INTERESTING OPTION IS BEING TRIED IN SEATTLE WHERE METHANE
PRODUCED FROM WASTE WILL BE CONVERTED TO AMMONIA. THIS IS RELATED TO
ENERGY NEEDS BECAUSE THE NATURAL METHANE (NATURAL GAS) THAT WOULD HAVE
GONE INTO PRODUCING AMMONIA IS INSTEAD AVAILABLE TO BE USED AS A CLEAN
FUEL.
A PROBLEM COMMON TO ALL RESOURCE RECOVERY SYSTEMS, WHATEVER THE
RESOURCE RECOVERED -- STEAM, FUEL, AMMONIA, SCRAP IRON, PAPER, OR OTHER
-- IS FINDING A DEPENDABLE MARKET AT A PRICE THAT WILL PAY FOR THE COSTS
INVOLVED. THE NEED TO ESTABLISH AND MAINTAIN A STABLE MARKET FOR
RECOVERED RESOURCES CANNOT BE OVEREMPHASIZED.
THE ENVIRONMENTAL PROTECTION AGENCY NOW CONDUCTS A PROGRAM UNDER THE
SOLID WASTE DISPOSAL ACT OF 1967 (PL89-272) AS AMENDED BY THE RESOURCE
RECOVERY ACT OF 1970 (PL91-512). THE PRESENT EPA PROGRAM EMPHASIZES
THREE AREAS: THE FIRST AREA IS LAND DISPOSAL AND ITS ENVIRONMENTAL
PROBLEMS, PARTICULARLY THOSE POSED BY HAZARDOUS WASTES, GROUND WATER
CONTAMINATION, AND DISPOSAL OF SLUDGES FROM AIR AND WATER POLLUTION
CONTROL OPERATIONS. THE SECOND AREA IS TECHNICAL ASSISTANCE TO THE
STATES. THE THIRD AREA INCLUDES MEANS OF REDUCING THE VOLUME OF WASTE
THAT MUST BE DISPOSED OF. THIS INVOLVES EFFORTS TO REDUCE WASTE
GENERATION, AS WELL AS EFFORTS TO INCREASE RESOURCE RECOVERY. IN FY
1976 EPA'S SOLID WASTE BUDGET WAS ABOUT $14,500,000.
THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION HAS A PROGRAM TO
DEVELOP TECHNOLOGIES FOR RECOVERING ENERGY OR FUELS FROM SOLID WASTE.
THE ERDA PROGRAM IS AIMED AT BROADENING THE RANGE OF CHOICE OF ENERGY
RECOVERY TECHNOLOGIES AVAILABLE TO OFFICIALS RESPONSIBLE FOR SOLID WASTE
MANAGEMENT.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 006 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110734
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
THIS INCLUDES BROADENING THE RANGE OF POSSIBLE ENERGY END PRODUCTS,
TO PROVIDE FOR MORE FLEXIBILITY IN FINDING A MARKET FOR THESE PRODUCTS.
IN FY 1976 ERDA'S BUDGET FOR SOLID WASTE WAS APPROXIMATELY $4,500,000.
THE BUREAU OF MINES HAS A PROGRAM FOR RECOVERING RESOURCES FROM WASTE
MATERIALS. THEIR PROGRAM HAS WORKED WITH MINING AND INDUSTRIAL WASTES AS
WELL AS MUNICIPAL WASTES AND SPECIAL PROBLEMS SUCH AS DISCARDED AUTOS.
OVER THE YEARS THE BUREAU OF MINES HAS DEVELOPED A GREAT DEAL OF
EXPERTISE IN THIS AREA WHICH EPA HAS UTILIZED IN MANY CASES BY
CONTRACTING WITH THE BUREAU.
THE BUREAU OF MINES LEVEL OF EFFORT ON PROCESSING, RECOVERY, AND
UTILIZING MATERIALS FOUND IN MUNICIPAL AND INDUSTRIAL REFUSE IN FY 1976
WAS $770,000. IN ADDITION, THE BUREAU ALLOCATED $2,320,000 FOR RELATED
INVESTIGATIONS DEALING WITH PROCESSING AND RECOVERING USEFUL MATERIALS
FROM SLAGS, DUSTS, SOLUTIONS AND OTHER WASTES FROM METALLURGICAL
PROCESSES.
SEVERAL OTHER AGENCIES HAVE SMALL PROGRAMS: THE FEDERAL ENERGY
ADMINISTRATION, NATIONAL SCIENCE FOUNDATION, NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND
TENNESSEE VALLEY AUTHORITY. THE TOTAL SPENDING IN THESE FIVE AGENCIES
IN FY 1975 WAS ABOUT $1 MILLION.
ALTHOUGH THE NEED FOR REDUCING COSTS OF SOLID WASTE MANAGEMENT AND
THE POTENTIAL BENEFITS OF RESOURCE RECOVERY WOULD SEEM TO LEAD TO THE
ADOPTION OF NEW APPROACHES, MOST SOLID WASTE SEEMS TO BE TREATED NOW
MUCH AS IT HAS BEEN IN THE PAST. ALTHOUGH THERE ARE FEDERAL PROGRAMS IN
PLACE, THEY DO NOT SEEM TO BE CAUSING A BROAD ADOPTION OF RESOURCE
RECOVERY AT THE LOCAL LEVEL. THEREFORE IT IS FELT THAT ADDITIONAL
LEGISLATION IS NEEDED NOT TO AUTHORIZE NEW R.D. & D. ACTIVITIES, BECAUSE
THE AUTHORITY IN THE EXISTING LEGISLATION IS BROAD. RATHER NEW
LEGISLATION IS NEEDED TO DIRECT R.D. & D. ACTIVITIES AT SPECIFIC
PROBLEMS.
MANY TREATMENTS OF SOLID WASTE PROBLEMS EMPHASIZE THE ECONOMIC
BARRIERS TO RESOURCE RECOVERY SUCH AS THE NEED TO FINANCE A RISKY
VENTURE, THE NEED TO ENSURE A LARGE ENOUGH WASTE FLOW TO MAKE A GIVEN
FACILITY ECONOMICALLY VIABLE, AND THE PROBLEM OF MARKETING THE RECOVERED
PRODUCTS WHETHER STEAM, FUEL, OR SCRAP. HOWEVER, SUCH BARRIERS ARE NOT
WITHOUT THEIR TECHNOLOGICAL COMPONENTS. THAT IS, IN MANY CASES THE
BARRIERS CAN BE AVOIDED BY IMPROVING THE TECHNOLOGY.
SOME EXAMPLES WILL ILLUSTRATE WHAT IS MEANT BY THIS.
IN THE CASE OF FINANCIAL RISK, PART OF THE RISK ARISES BECAUSE
THE TECHNOLOGY IS NOT PROVEN. IN SOME CASES THIS RISK MAY BE ONLY
PERCEIVED, NOT REAL. A PROGRAM OF DEMONSTRATION PROJECTS WILL
HELP TO REDUCE THIS RISK OR ITS PERCEPTION BY PROVING THE TECHNOLOGY
ANOTHER BARRIER OFTEN CITED IS THE NEED FOR A CAPACITY OF AT LEAST
300 TONS OF WASTE PER DAY IN ORDER TO MAKE RESOURCE RECOVERY PLANTS
ECONOMICALLY PRACTICAL. THIS MAKES RESOURCE RECOVERY UNECONOMICAL IN
SPARSELY POPULATED AREAS BECAUSE OF THE HIGH COSTS OF HAULING THE WASTE
LONG DISTANCES. HOWEVER, THIS LIMITATION IS AT LEAST TO SOME EXTENT,
MERELY A STATEMENT OF THE PRESENT STATE OF THE ART. DEVELOPMENT OF NEW
SMALL-SCALE TECHNOLOGIES COULD LOWER THIS LIMIT. SUCH DEVELOPMENT
EFFORTS ARE PROVIDED FOR IN THE BILL.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 007 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110735
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
MARKETS FOR RECOVERED MATERIALS ALSO HAVE A TECHNOLOGICAL ASPECT.
THIS IS TRUE FOR TWO REASONS. FIRST, THE MARKET DEPENDS TO SOME EXTENT
ON THE QUALITY OF THE RECOVERED MATERIAL -- PURITY, UNIFORMITY OVER
TIME, ETC. THIS IS DETERMINED IN PART BY THE TECHNOLOGY USED TO RECOVER
THE WASTES. SECOND, FOR EXTERNAL REASONS MARKETS MAY CHANGE OVER TIME,
AND A RESOURCE RECOVERY SYSTEM SHOULD HAVE THE FLEXIBILITY TO CHANGE ITS
END PRODUCT. AGAIN, THIS FLEXIBILITY IS TO SOME EXTENT
TECHNOLOGY-DEPENDENT. THE BILL WOULD ADDRESS BOTH THESE AREAS.
ANOTHER REASON FOR SLOW ADOPTION OF RESOURCE RECOVERY SEEMS TO BE DUE
TO THE FACT THAT AVAILABLE INFORMATION ISNOT BEING USED. MOST LOCAL
OFFICIALS DO NOT HAVE THE COMPETENCE OR THE TIME TO ANALYZE AND
SYNTHESIZE TECHNICAL REPORTS IN ORDER TO DECIDE WHAT IS BEST FOR THEIR
LOCAL SITUATION. THIS IS ESPECIALLY CIRITCAL WHEN THE REPORTS ARE
CONFLICTING. TO ADDRESS THIS PROBLEM THE BILL PROVIDES FOR AN ACTIVE
PROGRAM OF INFORMATION COLLECTION, ANALYSIS, AND DISSEMINATION.
SEVERAL SPECIFIC AREAS OF RESOURCE RECOVERY SEEM TO BE RECEIVING WHAT
MIGHT BE CALLED "BENIGN NEGLECT." FOR EXAMPLE IT IS OFTEN STATED THAT
RECOVERY OF PLASTICS IS VERY DIFFICULT AND THEY HAVE A HIGH HEAT VALUE
SO THE BEST THING TO DO IS TO BURN THEM. HOWEVER, THE RAW MATERIALS
THAT GO INTO MOST PLASTICS COME FROM OIL AND COAL, AND ARE NOT
RENEWABLE. IT SEEMS THAT IT WOULD BE ADVISABLE TO DO A CAREFUL STUDY OF
THIS SITUATION AND MAKE A CONSCIOUS DECISION OF WHETHER OR NOT TO
PROCEED WITH A RESEARCH PROGRAM AIMED AT DEVELOPING WAYS OF RECOVERING
AND SORTING VARIOUS PLASTICS. THE BILL PROVIDES FOR SEVERAL SUCH
STUDIES WHICH WOULD BE FORMAL INPUT FOR PLANNING RESEARCH, DEVELOPMENT
AND DEMONSTRATION PROGRAMS. AS THE STUDIES WOULD BE PUBLISHED, THE
PLANNING PROCESS WOULD ALSO HAVE THE POTENTIAL BENEFIT OF BROAD PUBLIC
COMMENT ON THE REPORTS.
THE FOLLOWING IS A BRIEF, NARRATIVE DESCRIPTION OF THE PROVISIONS OF
THE BILL, WHICH IS AN AMENDMENT TO THE SOLID WASTE DISPOSAL ACT, AS
AMENDED.
TITLE: THE SHORT TITLE OF THE BILL IS THE "SOLID WASTE RESEARCH AND
DEVELOPMENT ACT OF 1976."
FINDINGS: THE FINDINGS PRESENT A CONCISE STATEMENT OF THE NEED FOR
THE BILL: GROWTH HAS RESULTED IN MORE WASTE AND URBANIZATION HAS
CONCENTRATED IT. AS A RESULT MANY CITIES WILL SOON BE RUNNING OUT OF
SUITABLE LANDFILL SITES UNLESS SOMETHING IS DONE. IMPROPER DISPOSAL CAN
ENDANGER PUBLIC HEALTH, AND DAMAGE THE ENVIRONMENT. IN ADDITION, OUR
INCREASING EFFORTS TO CONTROL AIR AND WATER POLLUTION WILL DEVELOP NEW
WASTES -- SLUDGES OF VARIOUS TYPES. ON THE OTHER HAND, RECYCLING AND
REUSE OF MATERIALS IN WASTE CAN BOTH REDUCE DISPOSAL PROBLEMS AND
CONSERVE OUR RESOURCES. ENERGY CAN ALSO BE RECOVERED FROM MANY SOLID
WASTES. UNFORTUNATELY, AT THIS TIME RESOURCE RECOVERY ACTIVITY SEEMS TO
BE SCATTERED, AND LOCAL GOVERNMENTS ARE CARRYING MOST OF THE SOLID WASTE
BURDEN. THE FEDERAL GOVERNMENT COULD GREATLY ASSIST LOCAL GOVERNMENTS
BY DEVELOPING AND MAKING AVAILABLE TECHNICAL INFORMATION. FURTHER A
FEDERAL PROGRAMS OF RESEARCH, DEVELOPMENT AND DEMONSTRATION ARE NEEDED
TO ENSURE THAT THE TECHNOLOGICAL PROBLEMS OF SOLID WASTE MANAGEMENT AND
RESOURCE RECOVERY ARE SOLVED.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 008 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110736
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
DEFINITIONS: TWO NEW DEFINITIONS ARE ADDED BY SECTION 3.
"DEMONSTRATION" IS DEFINED IN ORDER TO LIMIT CONSTRUCTION OF FULL-SCALE
FACILITIES TO THE INITIAL EXHIBITION OF A NEW OR IMPROVED TECHNOLOGY.
THE PURPOSE IS TO ENSURE THAT EPA'S LIMITED RESOURCES FOR DEMONSTRATIONS
ARE USED TO ADVANCE THE STATE-OF-THE-ART.
"SLUDGE" IS DEFINED VERY BROADLY TO INCLUDE ANY SEMISOLID WASTE, OR
SIMILAR MATERIAL.
GENERAL RESEARCH AUTHORITY: SUBSECTION 4(A) AMENDS SUBSECTION 204(A)
OF THE SOLID WASTE DISPOSAL ACT, SUBSECTION 204(A) OF THE ACT CONTAINS
THE GENERAL RESEARCH, DEVELOPMENT, AND DEMONSTRATION AUTHORITY OF THE
EXISTING LEGISLATION AND THE EFFECT OF THE AMENDMENT IS TO EMPHASIZE THE
NEW AREAS OF RESEARCH AND OTHER ACTIVITIES TO BE AUTHORIZED. THESE NEW
AREAS ARE: (I) SMALL SCALE AND LOW TECHNOLOGY SYSTEMS FOR SOLID WASTE
MANAGEMENT AND RESOURCE RECOVERY; (II) IMPROVING THE UTILITY AND
MARKETABILITY OF RECOVERED MATERIALS (E.G., IMPROVING THE UNIFORMITY OR
PURITY OF RECOVERED SCRAP); (III) IMPROVING LAND DISPOSAL PRACTICES TO
REDUCE ADVERSE ENVIRONMENTAL IMPACTS OF SUCH PRACTICES; (IV) METHODS
FOR THE SOUND MANAGEMENT OF SLUDGE; (V) METHODS OF HAZARDOUS WASTE
MANAGEMENT; AND (VI) ADVERSE EFFECTS ON AIR QUANLITY DUE TO BURNING
SOLID WASTE.
SUBSECTIONS 4(B) AND 4(C) OF THE BILL STRIKE SUBSECTIONS 204(B) AND
204(C) OF THE ACT, AND REPLACE THEM WITH NEW PROVISIONS. WHERE NEW
PROVISIONS REPLACE THE OLD, THEY ARE EITHER SIMPLIER, MODIFIED, OR IN
SOME CASES GREATLY EXPANDED. THE FOLLOWING FEW SENTENCES DESCRIBE THE
CHANGES, WHILE THE NEW PROVISIONS ARE DESCRIBED BELOW IN MORE DETAIL.
PARAGRAPH 204(B)(1) OF THE ACT AUTHORIZED THE ADMINISTRATOR TO COLLECT
AND DISSEMINATE INFORMATION. THIS AUTHORITY IS MOVED TO NEW SECTION 204
OF THE BILL. BRIEFLY, THE EXISTING LANGUAGE IS GENERAL AUTHORITY TO
COLLECT AND MAKE AVAILABLE INFORMATION WHILE THE NEW PROVISIONS,
DESCRIBED MORE FULLY BELOW, GIVE THE ADMINISTRATOR MORE INSTRUCTIONS AND
PROVIDE FOR A MORE AGGRESSIVE EFFORT DIRECTED AT INFORMATION USERS.
SUBSECTION 204(A) AND PARAGRAPH 204(B)(2) OF THE ACT AUTHORIZED
COOPERATION WITH OTHER AGENCIES, THIS AUTHORITY WAS STRUCK FROM
204(B)(2) BUT REMAINS IN 204(A) OF THE ACT. PARAGRAPH 204(B)(3) OF THE
ACT AUTHORIZES GRANTS AND CONTRACTS. THIS AUTHORITY IS NOW FOUND IN NEW
PARAGRAPHS 204(C)(1) AND 204(C)(2) OF THE BILL. SUBSECTION 204(C) OF
THE ACT PROVIDES FOR DISPOSITION OF PATENT RIGHTS, ETC., ACCORDING TO
THE STATEMENT OF GOVERNMENT PATENT POLICY WHICH WAS PROMULGATED BY THE
PRESIDENT IN HIS MEMORANDUM OF OCTOBER 10, 1963. THE COMMITTEE FEELS
THAT RIGHTS TO PATENTS SHOULD BE GOVERNED BY LAW RATHER THAN BY
EXECUTIVE MEMORANDUM. THEREFORE, PATENT RIGHTS, ETC, ARE COVERED IN NEW
PARAGRAPH 204(C) (3) OF THE BILL, WHICH STATES THAT THE RELEVANT
PROVISIONS OF THE FEDERAL NONNUCLEAR ENERGY RESERACH AND DEVELOPMENT ACT
OF 1974 SHALL APPLY.
SUBSECTION 4(B) OF THE BILL STRIKES THE EXISTING LANGUAGE OF SECTION
204(B) OF THE ACT AND REPLACES IT WITH THE FOLLOWING PROVISIONS:
PARAGRAPH 204(B) (1) PROVIDES THAT THE ADMINISTRATOR SHALL DEVELOP AND
OPERATE A MANAGEMENT SCHEME TO ENSURE THAT GOOD RESEARCH IDEAS PROCEED
EXPEDITIOUSLY THROUGH DEVELOPMENT AND DEMONSTRATION. OF COURSE, AS
IDEAS ARE TESTED, IMPRACTICAL ONES SHOULD BE DROPPED. THIS IS A
"PIPELINE" CONCEPT -- THE ANALOGY BEING THAT IDEAS GO IN ONE END OF THE
PIPELINE AND PROVEN HARDWARE OR PRACTICE COMES OUT THE OTHER.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 009 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110737
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CORRESPONDENCE
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THE SECOND PARAGRAPH (204(B)(2)) PROVIDES SPECIFIC GUIDANCE TO THE
ENVIRONMENTAL PROTECTION AGENCY AND TO THE ENERGY RESEARCH AND
DEVELOPMENT ADMINISTRATION CONCERNING COORDINATION OF THEIR ACTIVITIES
IN RESOURCE RECOVERY FROM SOLID WASTES. THE BILL REFERS TO THE
INTERAGENCY AGREEMENT BETWEEN EPA AND ERDA ON THE DEVELOPMENT OF ENERGY
FROM SOLID WASTES, AND PROVIDES THAT ENERGY RLATED ACTIVITIES SHALL BE
GOVERNED BY THE AGREEMENT. THE PARAGRAPH GOES ON TO MAKE FOUR
ADDITIONAL SPECIFIC PROVISIONS: CLAUSE (A) PROVIDES THAT THE TWO
AGENCIES SHALL CONDUCT JOINT PLANNING, FOLLOWING WHICH PROJECT
RESPONSIBILITY WILL BE ASSIGNED TO ONE AGENCY. THIS EXPLICITLY
RECOGNIZES THAT A PROJECT MUST HAVE A SINGLE LEADER, AND, BY PROVIDING
FOR JOINT PLANNING IMPLICITLY RECOGNIZES THAT MANY PROJECTS WILL BE TO
SOME DEGREE ENERGY-RELATED AND WILL TO SOME DEGREE HAVE ENVIRONMENTAL
IMPACTS. EPA'S EXPERIENCE AND TECHNICAL SKILLS RELATING TO DISPOSAL
TECHNOLOGIES THAT INVOLVE ENERGY RECOVERY AND EXTENSIVE WORK ON
INSTITUTIONAL ARRANGEMENTS WITH STATE AND LOCAL GOVERNMENTS SHOULD BE
CONSIDERED WHEN DETERMINING LEAD RESPONSIBILITY FOR THESE PROJECTS.
CLAUSE (B) PROVIDES THAT ERDA WILL HAVE LEAD RESPONSIBILITY FOR INPUT
AND EVALUATION OF THE ENERGY RESEARCH RELATED PORTIONS OF PROJECTS
INVOLVING ENERGY RECOVERY FORM SOLID WASTE. THE INTENT OF (B) IS NOT TO
UNDO WHAT (A) ACCOMPLISHES; RATHER THE INTENT IS TO RECOGNIZE ERDA'S
RESPONSIBILITY TO DEVELOP AN OVERALL, NATIONAL ENERGY R. D. & D.
STRATEGY. THUS EVEN IF A PARTICULAR PROJECT IS NOT PRIMARILY
ENERGY-RELATED, AND IS THEREFORE ASSIGNED TO EPA (AS A RESULT OF JOINT
PLANNING), NEVERTHELESS, EPA MUST KEEP ERDA INFORMED OF PROGRESS AND
RESULTS, AND PERMIT ERDA TO CONTRIBUTE TO THE PLANNING, OVERSIGHT, AND
EVALUATION OF THE ENERGY-RELATED ASPECTS OF THE PROJECT. CLAUSE (C)
PROVIDES THAT EPA SHALL RETAIN RESPONSIBILITY FOR THE ENVIRONMENTAL,
ECONOMIC, AND INSTITUTIONAL ASPECTS OF SOLID WASTE PROJECTS, AND SHALL
RETAIN THE RESPONSIBILITY FOR ASSURING THAT SUCH PROJECTS MEET
APPLICABLE QUIDELINES. STATE PLANS, ETC. JUST AS THE INTENT OF (B) IS
NOT TO UNDO WHAT (A) ACCOMPLISHES, SIMILARLY (C) SHOULD BE READ IN THE
CONTEXT OF (A). THUS EVEN IF THE TWO AGENCIES AGREE (AS A RESULT OF
THEIR JOINT PLANNING ACTIVITIES) THAT A PROJECT IS PRIMARILY ENERGY
RELATED, AND RESPONSIBILITY IS ASSIGNED TO ERDA, STILL THE EPA MUST BE
PERMITTED BY ERDA TO ASSURE ITSELF THAT THE PROJECT IS CONSISTENT WITH
PROTECTION OF PUBLIC HEALTH, ETC. AND THEREFORE MUST BE KEPT INFORMED OF
PROGRESS AND RESULTS, AND CONTRIBUTE TO THE PLANNING, OVERSIGHT, AND
EVALUATION OF THE PROJECT. CLAUSE (D) PROVIDES THAT IN CARRYING OUT THE
SPECIAL STUDIES UNDER SECTION 204A OF THE BILL AND THE INFORMATION
PROGRAM UNDER SECTION 204B OF THE BILL, EPA SHALL COORDINATE AND CONSULT
WITH ERDA ON ENERGY-RELATED MATTERS. WITH RESPECT TO THESE SPECIAL
STUDIES, EPA SHOULD WORK CLOSELY WITH ERDA DURING THE COURSE OF EACH
STUDY AND MAKE THE RESULTS AVAILABLE TO ERDA. WITH RESPECT TO
INFORMATION ACTIVITIES, CLEARLY THE PURPOSE OF THIS PROVISION IS TO
ENSURE THAT EPA AND ERDA WORK TOGETHER IN DEVELOPING INFORMATION ON
ENERGY-RELATED PROJECTS, AND TO PROVIDE CONSISTENT ADVICE TO USERS OF
THE INFORMATION SUCH AS LOCAL OFFICIALS.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 010 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110738
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CORRESPONDENCE
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IT SHOULD BE FURTHER EMPHASIZED THAT IN CARRYING OUT PARAGRAPH
204(B)(2) OF THE BILL EACH AGENCY SHOULD MAKE AVAILABLE TO THE OTHER ALL
INFORMATION CONCERNING ANY PROJECT, OR PLANS FOR ANY PROJECT, AND SHOULD
PERMIT AND ENCOURAGE OBSERVERS FROM THE OTHER AGENCY TO VISIT AND REVIEW
ANY PROJECT RELATED TO SOLID WASTE.
SUBSECTION 4(C) OF THE BILL STRIKES THE EXISTING LANGUAGE OF
SUBSECTION 204(C) OF THE ACT AND REPLACES IT WITH THE FOLLOWING
PROVISIONS: PARAGRAPH (1) AUTHORIZES THE ADMINISTRATOR TO MAKE GRANTS
OR CONTRACTS IN CARRYING OUT THE PURPOSES OF THIS ACT. PARAGRAPH (2)
PROVIDES THAT CONTRACTS SHALL BE MADE PURSUANT TO THE PROVISIONS OF
TITLE 10. USC SECTION 2353. THIS IS THE LAW GOVERNING MILITARY
CONTRACTS AND THIS PROVISION WAS IN THE ORIGINAL LANGUAGE OF EXISTING
SECTION 204. PARAGRAPH (3) PROVIDES THAT PATENTS RESULTING FROM
ACTIVITIES CARRIED OUT UNDER THIS ACT SHALL BE HANDLED IN THE SAME WAY
AS PATENTS RESULTING FROM RESEARCH UNDER THE FEDERAL NONNUCLEAR ENERGY
RESEARCH AND DEVELOPMENT ACT OF 1974. THIS IS INTENDED TO FACILITATE
EPA-ERDA COOPERATION BY PROVIDING FOR UNIFORM TREATMENT OF PATENTS AND
TO ALLOW THE ADMINISTRATOR SOME FLEXIBILITY IN DECIDING HOW PATENT
RIGHTS SHOULD BE HANDLED TO BEST ACHIEVE THE GOALS OF THIS ACT.
SECTION 5 OF THE BILL AMENDS THE SOLID WASTE DISPOSAL ACT BY ADDING
NEW SECTIONS 204A, 204B, 204C, AND 204D AFTER SECTION 204.
SPECIAL STUDIES SECTION 204A PROVIDES FOR ELEVEN SPECIAL STUDIES TO
BE CARRIED OUT BY EPA IN THE NEXT TWO YEARS. THE INTENT IS TO GENERATE
DOCUMENTS WHICH WILL BE THE BASIS FOR DECISIONS AND PLANS CONCERNING
RESEARCH, DEVELOPMENT, AND DEMONSTRATION. IT IS CONCEIVABLE, FOR
EXAMPLE, THAT A STUDY MIGHT CONCLUDE THAT NO ACTION UNDER THIS BILL IS
CALLED FOR IN A CERTAIN SUBJECT AREA, EITHER BECAUSE NO PRACTICAL
TECHNOLOGY IS AVAILABLE, OR LIKELY TO BE DEVELOPED IN THE SUBJECT AREA,
OR CONVERSELY BECAUSE THE AREA IS READY FOR PRIVATE, COMMERCIAL
IMPLEMENTATION (AND THUS BEYOND THE SCOPE OF R., D. & D.). IN ANY CASE
THESE STUDIES SHOULD PROVIDE A CLEAR, OPEN BASIS FOR POLICY DECISIONS.
SUBSECTION (A) PROVIDES FOR A STUDY ON GLASS AND PLASTIC RECOVERY.
BOTH THESE AREAS ARE TECHNICALLY DIFFICULT AND RESEARCH WILL BE NEEDED
TO DEVELOP PRACTICAL TECHNIQUES FOR THEIR SEPARATION AND RECOVERY.
SUBSECTION (B) PROVIDES FOR A SYSTEMATIC STUDY OF THE COMPOSITION OF
THE SOLID WASTE STREAM. IN CARRYING OUT THIS STUDY, REPRESENTATIVE
SAMPLES OF REAL SOLID WASTE SHOULD BE STUDIED. THE ANALYSIS OF THE
COMPOSITION SHOULD INDICATE WHERE THE GREATEST BENEFIT CAN BE OBTAINED
FROM RESOURCE RECOVERY. FOR EXAMPLE, IS IT BETTER TO RECOVER PAPER AS
PAPER OR TO RECOVER THE INHERENT ENERGY BY USING THE PAPER AS AN ENERGY
SOURCE? CLEARLY TO ANSWER THIS QUESTION ONE MUST LOOK AT THE WAY PAPER
IS ACTUALLY FOUND IN SOLID WASTE.
SUBSECTION (C) PROVIDES FOR A STUDY TO DETERMINE WHICH EXISTING
TECHNOLOGIES ARE READY FOR IMPLEMENTATION, WHICH NEED MORE DEVELOPMENT,
ETC.
SUBSECTION (D) PROVIDES FOR A STUDY OF SMALL SCALE AND LOW TECHNOLOGY
RESOURCE RECOVERY SYSTEMS. THE INTENT IS TO CONSIDER, FOR EXAMPLE,
SMALL SYSTEMS WHICH MIGHT BE UTILIZED IN APARTMENT COMPLEXES AND REDUCE
COLLECTION AND HAULING COSTS. FURTHER, SYSTEMS REQUIRING ONLY SMALL
CAPITAL INVESTMENT SHOULD BE CONSIDERED.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 011 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110739
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
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SUBSECTION (E) PROVIDES FOR A STUDY ON THE COMPATIBILITY OF
LOW-TECHNOLOGY AND HIGH-TECHNOLOGY SYSTEM. THAT IS, ONE CAN FORESEE A
SITUATION IN WHICH SOME WASTE WOULD BE SORTED BEFORE COLLECTION
(HOUSEHOLDS MIGHT SEGREGATE GLASS OR NEWSPAPERS FOR SEPARATE PICKUP).
THE BALANCE OF THE WASTE WOULD THEN GO TO A CENTRAL FACILITY FOR FURTHER
PROCESSING, SEPARATION, ETC. THUS THE INCOMING WASTE STREAM WOULD VARY
DEPENDING ON THE SUCCESS OF SOURCE SEPARATION EFFORTS. THE PURPOSE OF
THIS STUDY IS TO EXPLORE THE SENSITIVITY OF SUCH CENTRAL PROCESSING
FACILITIES TO THE CHANGING COMPOSITION OF THE INCOMING SOLID WASTE
STREAM. THE GOAL IS TO INSURE THAT LARGE, CAPITAL-INTENSIVE CENTRALIZED
FACILITIES ARE DESIGNED TO OPERATE EFFICIENTLY OVER SOME RANGE OF
COMPOSITION OF WASTE INPUT.
SUBSECTION (F) PROVIDES FOR A BROAD STUDY ON THE ADVERSE EFFECTS OF
MINING WASTES. THE COMMITTEE INTENDS THAT THIS STUDY SHOULD BE CARRIED
OUT BY EPA IN COOPERATION WITH THE OTHERFEDERAL AGENCIES INVOLVED,
ESPECIALLY THE BUREAU OF MINES AND ERDA.
THE INTENT IS FOR EPA TO LOOK AT ALL MINING WASTE DISPOSAL PRACTICES,
PAST AND PRESENT, IDENTIFY THE ADVERSE EFFECTS OF SUCH WASTES ON THE
ENVIRONMENT, INCLUDING PEOPLE AND PROPERTY LOCATED BEYOND THE BOUNDARY
OF THE MINE, EVALUATE THE ADEQUACY OF THOSE PRACTICES FROM A TECHNICAL
STANDPOINT, INCLUDING THE ADEQUACY OF GOVERNMENTAL REGULATIONS GOVERNING
SUCH DISPOSAL, AND MAKE RECOMMENDATIONS, INCLUDING RECOMMENDATIONS FOR
ADDITIONAL R&D, FOR IMPROVEMENT OF SUCH PRACTICES AND, WHERE
APPROPRIATE, FOR THE DEVELOPMENT AND UTILIZATION OF ALTERNATIVE MEANS OR
METHODS OF DISPOSAL THAT ARE SAFE AND ENVIRONMENTALLY SOUND. CLEARLY,
EPA SHOULD NOT ASSUME THAT THE CURRENT WASTE DISPOSAL PRACTICES ARE
ENVIRONMENTALLY OR TECHNICALLY SOUND. FURTHERMORE, IT IS INTENDED THAT
ECONOMIC CONSIDERATIONS NOT BE THE GOVERNING CRITERION FOR THE
DEVELOPMENT OF RECOMMENDATIONS FOR IMPROVED OR ALTERNATE PRACTICES OF
WASTE DISPOSAL FROM ACTIVE AND ABANDONED MINES.
SUBSECTION (G) PROVIDES FOR A STUDY OF "SLUDGE." SLUDGE IS GENERATED
IN A VARIETY OF INDUSTRIAL PROCESSES, POLLUTION CONTROL PROCESSES, AND
OTHER PROCESSES, SUCH AS TRANSPORTATION OF COAL BY SLURRY PIPELINE. A
LARGER AND LARGER VOLUME OF SEWAGE SLUDGE, SCRUBBER SLUDGE, AND PERHAPS
COAL SLUDGE WILL HAVE TO BE DEALT WITH IN THE FUTURE. THIS STUDY SHOULD
PROVIDE THE START IN PLANNING FOR HOW TO DEAL WITH THIS PROBLEM, HOW TO
MANAGE THE SLUDGE AND, WHERE POSSIBLE, TO RECOVER RESOURCES FROM IT.
SUBSECTION (H) PROVIDES FOR A STUDY ON WASTE TIRES. THIS STUDY
SHOULD DETERMINE HOW BEST TO DEAL WITH DISCARDED TIRES AND HOW TO
EXTRACT THE RSOURCES THEY CONTAIN.
SUBSECTION (I) PROVIDES FOR A BROAD STUDY TO FOCUS ON WHY RESOURCE
RECOVERY FACILITIES ARE NOT BEING MORE RAPIDLY CONSTRUCTED AND PUT INTO
OPERATION. THE STUDY SHOULD ALSO EXAMINE THE PREMISE THAT RESOURCE
RECOVERY IS NOT GROWING AT A RAPID PACE -- PERHAPS RESOURCE RECOVERY IS
BEING IMPLEMENTED AT A HIGHER RATE THAN IT APPEARS. THE STUDY SHOULD
PROVIDE A BROAD, GUIDING POLICY FRAMEWORK FOR THE EPA R.D&D PROGRAM, A
FRAMEWORK INTO WHICH MORE DETAILED PROJECTS WOULD BE EXPECTED TO FIT.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 012 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110740
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
SUBSECTION (J) PROVIDES FOR A STUDY OF METHODS FOR WASTE REDUCTION
WHICH COULD BE VOLUNTARILY IMPLEMENTED. THIS STUDY SHOULD CONSIDER THE
BROAD IMPLICATIONS OF WASTE REDUCTION, FOR EXAMPLE HOW JOBS AND MARKETS
WOULD BE AFFECTED. IN PROVIDING FOR VOLUNTARY IMPLEMENTATION THE INTENT
WAS TO ENCOURAGE EPA TO SEEK WASTE REDUCTION APPROACHES WHICH WOULD BE
OBVIOUSLY BENEFICIAL TO ALL CONCERNED, THUS LIKELY TO BE VOLUNTARILY
IMPLEMENTED.
SUBSECTION (K) PROVIDES FOR A STUDY OF A HAZARD WHICH IS SURPRISINGLY
PREVALENT ACROSS THE UNITED STATES. THAT IS THE HAZARD PRESENTED TO
AIRCRAFT BY BIRDS FEEDING AT LANDFILLS OR DUMPS. APPARENTLY, MANY SUCH
DISPOSAL SITES ARE LOCATED NEAR MUNICIPAL AIRPORTS. THE STUDY SHOULD
RECOMMEND MEASURES TO ALLEVIATE THIS PROBLEM.
SUBSECTION (L) PROVIDES THAT THE REPORTS UNDER (B), (C), (D), (E),
(F), (G), AND (K) BE COMPLETED BY OCTOBER 1, 1978, AND THAT THE REST OF
THE REPORTS BE COMPLETED BY OCTOBER 1, 1979. THIS SUBSECTION ALSO
PROVIDES THAT THE STUDY RESULTS BE INCORPORATED INTO RESEARCH PLANNING
AS PROVIDED FOR IN SECTION 204D.
TECHNICAL INFORMATION: SECTION 204B OF THE BILL PROVIDES FOR A
COMPREHENSIVE, ACTIVE TECHNICAL INFORMATION PROGRAM IN EPA. THE INTENT
IS THAT ALL USEFUL INFORMATION REGARDING SOLID WASTE MANAGEMENT AND
RESOURCE RECOVERY BE COLLECTED AND MADE AVAILABLE. EMPHASIS IS GIVEN TO
INFORMATION ON THE OPERATION OF FULL-SCALE FACILITIES (AS OPPOSED TO
THEORETICAL OR PILOT PLANT INFORMATION). SUBSECTION (A) PROVIDES FOR
THE COLLECTION AND COORDINATION OF SUCH INFORMATION. SUBSECTION (B)
PROVIDES FOR A CENTRAL LIBRARY WHERE SUCH INFORMATION SHALL BE
AVAILABLE, AND FOR A PROGRAM OF ANALYZING AND SYNTHESIZING THE
INFORMATION AND PUBLISHING IT. SUCH PUBLICATIONS SHOULD BE IN A FORM
USEFUL TO LOCAL OFFICIALS RESPONSIBLE FOR SOLID WASTE MANAGEMENT.
SUBSECTIONS (C) AND (D) PROVIDE FOR THE DEVELOPMENT OF MODEL ACCOUNTING
SYSTEMS AND MODEL CODES TO HELP LOCAL OFFICIALS CARRY OUT THEIR
RESPONSIBILITIES IN SOLID WASTE MANAGEMENT.
SUBSECTION (E) PROVIDES THAT EPA SHALL ENSURE THAT RESULTS OF ITS
ACTIVITIES ARE MADE AVAILABLE TO PLANNERS AND DECISION MAKERS.
WHILE IT IS INTENDED THAT EPA DEVELOP AN ACTIVE INFORMATION
DISSEMINATION PROGRAM UNDER THIS SECTION, IT IS NOT INTENDED THAT EPA
USE THESE PROVISIONS TO FORCE ANY PARTICULAR POINT OF VIEW OR TECHNOLOGY
ON ANY INTERESTED PARTY. IT IS INTENDED THAT EPA ACTIVELY APRTICIPATE
IN OUTREACH PROGRAMS SUCH AS TECHNICAL ASSISTANCE IN ORDER TO ENSURE
ACTIVE, RATHER THAN PASSIVE, DISSEMINATION AND APPLICATION OF
INFORMATION.
FULL-SCALE DEMONSTRATIONS: SECTION 204C OF THE BILL PROVIDES LIMITS
AND GUIDELINES TO EPA IN THE EXECUTION OF ITS PROGRAM OF DEMONSTRATION
OF FULL-SCALE FACILITES. THE SECTION PROVIDES THAT BEFORE A FULL-SCALE
DEMONSTRATION PROJECT CAN BE FUNDED, THE ADMINISTRATOR OF EPA MUST MAKE
A FINDING THAT: (1) THE TECHNOLOGY OR PRACTICE TO BE DEMONSTRATED IS
NEW, OR SUBSTANTIALLY NEW, OR IMPROVED IN A SIGNIFICANT WAY; (2) THE
ASSISTANCE IS AUTHORIZED UNDER SECTION 204; (3) THE FACILITY WILL MEET
ALL APPLICABLE REGULATIONS AND GUIDELINES; (4) THE FACILITY IS NOT
LIKELY TO BE CONSTRUCTED WITHOUT EPA'S ASSISTANCE; AND (5) THE FEDERAL
INTEREST IN OR SUPPORT OF THE PROJECT WILL BE TERMINATED IN A TIMELY AND
APPROPRIATE MANNER, WITH COMPENSATION IF NECESSARY. THE SECTION PLACES
TIME LIMITS ON FUNDING OF FULL-SCALE DEMONSTRATIONS: FUNDS CAN NOT BE
OBLIGATED FOR ASSISTANCE AFTER TEN YEARS AFTER ENACTMENT, AND FUNDS
CANNOT BE EXPENDED AFTER FOURTEEN YEARS AFTER ENACTMENT.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 013 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110741
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
THUS A PROJECT BEGUN (FUNDS OBLIGATED) JUST BEFORE THE END OF THE TEN
YEAR PERIOD COULD BE SUPPORTED FOR FOUR MORE YEARS (FOR CONSTRUCTION AND
THEST OPERATION). HOWEVER THE INTENT IS TO LIMIT THE FEDERAL
PARTICIPATION IN SUCH FULL-SCALE FACILITIES. FOURTEEN YEARS SHOULD BE
SUFFICIENT TIME TO DEMONSTRATE THE BENEFITS OF RESOURCE RECOVERY.
FURTHER, IT IS HOPED THAT BY PROVIDING FOR THIS CUT OFF, EPA WILL BE
ENCOURAGED TO MOUNT AN EFFORT OF SOME INTENSITY.
THE SECTION PROVIDES FOR AND ENCOURAGES COOPERATIVE FUNDING OF
DEMONSTRATIONS. IT IS FELT THAT IN MANY CASES A SMALL AMOUNT OF FEDERAL
ASSISTANCE WILL GET A PROJECT OFF THE GROUND, AND THE INTENT IS TO MAKE
THAT ASSISTANCE AVAILABLE.
IN SOME CASES INTERESTING AND USEFUL INFORMATION CAN BE OBTAINED BY
MONITORING AND REPORTING ON THE PERFORMANCE OF AN EXISTING RESOURCE
RECOVERY SYSTEM. THE SECTION ENCOURAGES EPA TO ADOPT THIS PRACTICE --
IN EFFECT TO DECLARE SOME FACILITIES DEMONSTRATION PROJECTS AND TO
DOCUMENT THEIR PERFORMANCE. IN OTHER WORDS, EPA NEED NOT FINANCE OR
CONSTRUCT A FACILITY TO MAKE IT A DEMONSTRATION PROJECT. THEY MIGHT
MERELY PUT AN OBSERVING TEAM AND INSTRUMENTS ON-SITE FOR A PERIOD OF
TIME, WHICH WOULD BE MUCH LESS EXPENSIVE THAN CONSTRUCTING A FACILITY.
OF COURSE, EPA WOULD HAVE TO SECURE THE PERMISSION AND COOPERATION OF
THE OWNER OR OPERATOR OF A FACILITY BEFORE DECLARING IT A DEMONSTRATION.
FINALLY, THE SECTION PROVIDES THAT EPA SHALL NOT RUN FULL-SCALE
DEMONSTRATIONS IN-HOUSE. THE INTENT IS TO EMPHASIZE THE NEED TO GET NEW
TECHNOLOGIES OUT OF FEDERAL LABORATORIES AND INTO PRIVATE COMPANIES OR
LOCAL GOVERNMENTS.
INTRA-AGENCY COORDINATION: SECTION 204D OF THE BILL PROVIDES FOR A
FORMAL, PERMANENT, RESPONSIBLE MECHANISM WITHIN EPA FOR ASSURING THAT
RESEARCH DEVELOPMENT, AND DEMONSTRATION GOALS ARE CONSISTENT AND
COMPATIBLE WITH (I) AGENCY POLICY, ACTIONS, AND PLANS RELATING TO
REGULATION, ENFORCEMENT, OR LOCAL ASSISTANCE IN SOLID WASTE MANAGEMENT
AND RESOURCE RECOVERY; (II) RESOURCES (FUNDS, STAFF, FACILITIES)
AVAILABLE FOR RESEARCH, DEVELOPMENT AND DEMONSTRATION: (III) THE
STATE-OF-THE-ART; AND (IV) SIMILAR WORK BEING DONE ELSEWHERE. THIS
SECTION DOES NOT ASSUME ANY PARTICULAR SPLIT OF RESPONSIBILITIES WITHIN
EPA, BUT DOES ANTICIPATE THAT DIFFERENT PARTS OF THE AGENCY WILL HAVE
DIFFERENT RESPONSIBILITIES, AND THE PURPOSE OF THE SECTION IS TO ENSURE
THAT ALL PARTS HAVE THE SAME GOALS. TWO EXAMPLES MAY BE HELPFUL.
FIRST, AS A NEW CONCEPT FOR RESOURCE RECOVERY MATURES FROM A RESEARCH
IDEA, THROUGH ENGINEERING DEVELOPMENT, AND INTO DEMONSTRATION HARDWARE,
RESPONSIBILITY FOR THE CONCEPT MAY CROSS FROM ONE PART OF EPA TO
ANOTHER. THE BASIC GOALS SHOULD NOT CHANGE WHEN ORGANIZATIONAL LINES
ARE CROSSED. (THIS INTENT IS ALSO EXPRESSED IN SEC. 204(B)(1).) A
SECOND, AND PERHAPS MORE PERTINENT EXAMPLE, ARISES IN THE AREA OF WATER
POLLUTION. LANDFILLS PRESENT POTENTIAL PROBLEMS OF WATERPOLLUTION. THE
AGENCY THUS MAY HAVE TWO APPROACHES TO WATER POLLUTION -- ONE FROM SOLID
WASTE DISPOSAL, THE SECOND BASED ON REGULATORY AUTHORITY UNDER THE
FEDERAL WATER POLLUTION CONTROL ACT (PL92-500).
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 014 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110742
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
IN MANY CASES THE RESEARCH NEEDED WILL BE COMMON FOR THE TWO
APPROACHES (E.G., DEVELOPMENT OF MEASUREMENT METHODS). THE EPA PROGRAM
OF WATER POLLUTION RESEARCH SHOULD ADDRESS ALL POTENTIAL USES OF
RESEARCH INFORMATION.
THUS SECTION 204D PROVIDES THAT THE INTRA-AGENCY COMMITTEE BE
COMPOSED OF EPA RESEARCH, DEVELOPMENT, AND DEMONSTRATION OFFICIALS OF
ALL KINDS, AND REGULATORY AND IMPLEMENTATION OFFICIALS INVOLVED IN EPA
SOLID WASTE PROGRAMS.
IT IS NOT THE INTENT OF SECTION 204D TO PROVIDE FOR DAY-TO-DAY
SUPERVISION, BUT RATHER TO ENSURE CONSISTENT, LONG-RANGE DIRECTION TO
THE R. D&D. PROGRAM. RECOGNIZING THAT AGENCY RESEARCH GOALS MAY BE
STRONGLY IMPACTED BY BUDGET RESTRICTIONS, AND THAT AVAILABILITY OF
BUDGET AUTHORITY MAY BE INFLUENCED BY THE CONVINCING DEMONSTRATION OF
NEED FOR RESEARCH RESULTS, THE BILL PROVIDES THAT THE INTRA-AGENCY
COMMITTEE PARTICIPATE IN BUDGET FORMULATION.
AUTHORIZATION OF APPROPRIATIONS: SECTION 6 AUTHORIZES APPROPRIATIONS
FOR ACTIVITIES UNDER SECTIONS 204, 204B, 204C, 204D, AND 205 IN THE
AMOUNT OF $35,000,000 FOR FISCAL YEAR 1978. THESE SECTIONS COVER
RESEARCH, DEVELOPMENT, AND DEMONSTRATION, AND INFORMATION PROGRAMS
(EXCEPT FOR SPECIAL STUDIES COVERED BELOW). FOR NEW SECTION 204A, WHICH
PROVIDES FOR SPECIAL STUDIES, A TOTAL OF $10,000,000 IS AUTHORIZED FOR
FISCAL YEARS 1978 AND 1979. AS ALL THE STUDIES SHOULD BE COMPLETED BY
THE END OF FISCAL YEAR 1979, NO FURTHER AUTHORIZATION IS ANTICIPATED FOR
THESE STUDIES.
SUNSHINE REGULATIONS: SECTION 7 OF THE BILL ADDS A NEW SECTION 217
TO THE SOLID WASTE DISPOSAL ACT. THIS NEW SECTION PROVIDES THAT EPA
OFFICIALS IN POLICY OR DECISION-MAKING POSITIONS SHALL MAKE A DISCLOSURE
OF ALL FINANCIAL INTERESTS IN ANY PERSON APPLYING FOR ASSISTANCE UNDER
THE ACT.
THE PROVISION REQUIRES OFFIERS AND EMPLOYEES OF EPA WHO PERFORM ANY
FUNCTION UDNER THE SOLID WASTE DISPOSAL ACT TO FILE ANNUALLY STATEMENTS
OF ANY KNOWN FINANCIAL INTEREST IN THE PERSONS SUBJECT TO THAT ACT OR
WHO RECEIVE FINANCIAL ASSISTANCE UNDER THAT ACT. SUCH STATEMENTS WOULD
BE AVAILABLE TO THE PUBLIC AND WOULD HAVE TO BE REVIEWED BY EPA.
POSITIONS WITHIN EPA THAT ARE OF A NON-POLICYMAKING NATURE COULD BE
EXEMPTED FROM THIS REQUIREMENT BY THE ADMINISTRATOR.
THE PROVISION DOES NOT PREVENT ANY EMPLOYEE FROM HAVING SUCH
INTERESTS. IT MERELY REQUIRES THAT THEY DISCLOSE SUCH INTERESTS. IT
DOES NOT APPLY TO CONSULTANTS.
CURRENTLY, EPA AND OTHER FEDERAL AGENCIES REQUIRE THEIR EMPLOYEES WHO
ARE AT THE GS-13 LEVEL OR ABOVE AND IN A DECISION MAKING POSITION TO
FILE FINANCIAL INTEREST STATEMENTS WHICH ARE NOT AVAILABLE TO THE
PUBLIC. THIS REQUIREMENT IS NOT BASED ON ANY STATUTORY PROVISION BUT ON
A 1965 EXECUTIVE ORDER NO. 11222 AND CIVIL SERVICE COMMISSION
REGULATIONS. BUT THE EXECUTIVE ORDER AND REGULATIONS ARE NOT BACKED BY
ANY STATUTORY PROVISIONS PRESCRIBING PENALTIES FOR VIOLATIONS.
THE PROVISION MAKES IT CLEAR THAT THE ADMINISTRATOR OF EPA MUST
PERIODICALLY LOOK AT THE POSITIONS TO DETERMINE WHO SHOULD FILE AND NOT
BASE HIS DECISION SIMPLY ON THE GRADE LEVEL OF THE EMPLOYEE. IT ALSO
MANDATES ANNUAL FILING BY THE AFFECTED EMPLOYEE AND REVIEW BY THE AGENCY
AND PROVIDES CRIMINAL PENALTIES FOR KNOWING VIOLATION.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 015 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110743
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
ADEQUATE PROVISION IS MADE FOR THE ADMINISTRATOR TO DEFINE WHAT A
"KNOWN FINANCIAL INTEREST" IS. INDEED, AS AN EXAMPLE OF SUCH A
DEFINITION, THE DEPARTMENT OF THE INTERIOR PUBLISHED PROPOSED
REGULATIONS DEFINING THIS TERM ON MARCH 22, 1976, FOR THE PURPOSES OF
PUBLIC LAW 94-163. THAT DEFINITION, WHICH IS NOT YET FINALIZED, OF
COURSE, IS AS FOLLOWS:
ANY PECUNIARY INTEREST OF WHICH AN OFFICER OR EMPLOYEE IS COGNIZANT
OR OF WHICH HE CAN REASONABLY BE EXPECTED TO HAVE KNOWLEDGE. THIS
INCLUDES PECUNIARY INTEREST IN ANY PERSON ENGAGED IN THE BUSINESS OF
EXPLORING, DEVELOPING, PRODUCING REFINING, TRANSPORTING BY PIPELINE OR
DISTRIBUTING (OTHER THAN AT THE RETAIL LEVEL) COAL, NATURAL GAS, OR
PETROLEUM PRODUCTS, OR IN PROPERTY FROM WHICH COAL, NATURAL GAS, OR
CRUDE-OIL IS COMMERCIALLY PRODUCED. THIS FURTHER INCLUDES THE RIGHT TO
OCCUPY OR USE THE AFORESAID BUSINESS OR PROPERTY, OR TO TAKE ANY
BENEFITS THEREFROM BASED UPON A LEASE OR RENTAL AGREEMENT, OR UPON ANY
FORMAL OR INFORMAL CONTRACT WITH A PERSON WHO HAS SUCH AN INTEREST WHERE
THE BUSINESS ARRANGEMENT FROM WHICH THE BENEFIT IS DERIVED OR EXPECTED
TO BE DERIVED HAS BEEN ENTERED INTO BETWEEN THE PARTIES OR THEIR AGENTS.
WITH RESPECT OT OFFICERS OR EMPLOYEES WHO ARE BENEFICIARIES OF "BLIND
TRUSTS," THE DISCLOSURE IS REQUIRED ONLY OF INTERESTS THAT ARE INITIALLY
COMMITTED TO THE BLIND TRUST, NOT OF INTERESTS THEREAFTER ACQUIRED OF
WHICH THE EMPLOYEE OR OFFICER HAS NO ACTUAL KNOWLEDGE.
FINALLY, THE REGULATIONS WOULD BE EXPECTED TO MAKE IT CLEAR THAT
PUBLIC DISCLOSURE OF FINANCIAL STATEMENTS SHALL BE ONLY FOR LAWFUL
PURPOSES. A VIOLATION OF THIS REQUIREMENT IS SUBJECT TO CRIMINAL
PROSECUTION.
WHILE H.R. 14965 MAKES MAJOR AMENDMENTS TO THE SOLID WASTE DISPOSAL
ACT, SUBSTANTIAL PORTIONS OF THE ACT ARE UNCHANGED. THE FOLLOWING LIST
GIVES THE UNCHANGED SECTIONS OF THE ACT:
SECTION 201: SHORT TITLE.
SECTION 202: FINDINGS AND PURPOSES.
SECTION 203: DEFINITIONS. THE EXISTING DEFINITIONS ARE UNCHANGED
ALTHOUGH TWO NEW ONES ARE ADDED BY THE BILL.
SECTION 204: RESEARCH, DEMONSTRATIONS, TRAINING, AND OTHER
ACTIVITIES. THE BILL DOES NOT CHANGE THE EXISTING AUTHORITY IN THE ACT
TO CONDUCT, AND ENCOURAGE, COOPERATE WITH, AND RENDER FINANCIAL AND
OTHER ASSISTANCE TO APPROPRIATE PUBLIC (WHETHER FEDERAL, STATE,
INTERSTATE, OR LOCAL) AUTHORITIES, AGENCIES, AND INSTITUTIONS, AND
INDIVIDUALS IN THE CONDUCT OF, AND PROMOTE THE COORDINATION OF, RESEARCH
INVESTIGATIONS, EXPERIMENTS, TRAINING, DEMONSTRATIONS, AND SURVEYS. THE
BILL MERELY ADDS NEW AREAS IN WHICH THESE ACTIVITIES ARE TO BE
CONDUCTED.
SECTION 205: SPECIAL STUDY AND DEMONSTRATION PROJECTS ON RECOVERY OF
USEFUL ENERGY AND MATERIALS. PROVIDE FOR SEVEN AREAS OF INVESTIGATION
AND AN ANNUAL REPORT.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 016 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110744
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
SECTION 206; INTERSTATE AND INTERLOCAL COOPERATION. PROVIDES FOR
ENCOURAGEMENT OF COOPERATIVE ACTIVITIES.
SECTION 207; GRANTS FOR STATE, INTERSTATE, AND LOCAL PLANNING.
GRANTS FOR THE DEVELOPMENT OF PLANS FOR SOLID WASTE DISPOSAL.
SECTION 208; GRANTS FOR RESOURCE RECOVERY SYSTEMS AND IMPROVED SOLID
WASTE DISPOSAL FACILITIES. AUTHORITY TO MAKE GRANTS TO ANY STATE,
MUNICIPAL, OR INTERSTATE OR INTERMUNICIPAL AGENCY FOR THE DEMONSTRATION
OF RESOURCE RECOVERY SYSTEMS OR THE CONSTRUCTION OF NEW OR IMPROVED
SOLID WASTE DISPOSAL FACILITIES.
SECTION 209; RECOMMENDED GUIDELINES. PROVIDES FOR THE DEVELOPMENT
OF GUIDELINES FOR ENVIRONMENTALLY SOUND SOLID WASTE DISPOSAL.
SECTION 210; GRANTS OR CONTRACTS FOR TRAINING PROJECTS. PROVIDES
FOR GRANTS TO ANY ELIGIBLE TRAINING ORGANIZATION FOR TRAINING IN SOLID
WASTE DISPOSAL TECHNIQUES.
SECTION 211; APPLICABILITY OF SOLID WASTE DISPOSAL GUIDELINES TO
EXECUTIVE AGENCIES. EXECUTIVE AGENCIES SHALL COMPLY WITH THE GUIDELINES
DEVELOPED UNDER SECTION 209.
SECTION 212: NATIONAL DISPOSAL SITES STUDY. PROVIDES FOR A STUDY
AND REPORT ON THE CREATION OF A SYSTEM OF NATIONAL DISPOSAL SITES FOR
THE STORAGE AND DISPOSAL OF HAZARDOUS WASTES.
SECTION 213: LABOR STANDARDS. PROVIDES THAT NO GRANTS FOR
CONSTRUCTION SHALL BE MADE UNLESS ALL LABORERS WILL BE PAID AT RATESNOT
LESS THAN THE PREVAILING WAGES.
SECTION 214; OTHER AUTHORITY NOT AFFECTED. THE ACT DOES NOT
SUPERCEDE OR LIMIT OTHER AUTHORITIES, ETC.
SECTION 215; GENERAL PROVISIONS. PROVIDES FOR GRANT PAYMENT
SCHEDULES. PROHIBITS GRANTS TO PRIVATE PROFITMAKING ORGANIZATIONS.
THE FIRST SIGNIFICANT FEDERAL EFFORT IN SOLID WASTE MANAGEMENT AND
RESOURCE RECOVERY WAS INITIATED IN 1965 WITH THE PASSAGE OF THE SOLID
WASTE DISPOSAL ACT (P.L. 89-272). IT CALLED FOR A RESEARCH AND
DEVELOPMENT PROGRAM AND PROVIDED FUNDS TO THE STATES FOR MAKING SURVEYS
OF WASTE DISPOSAL PRACTICES AND FOR DEVELOPING WASTE DISPOSAL PLANS.
THE RESOURCE RECOVERY ACT OF 1970 (P.L. 91-512) BROADENED THE R&D
APPROACH TO INCLUDE MAJOR DEMONSTRATIONS AND SHIFTED THE EMPHASIS FROM
DISPOSAL TO RECOVERY OF MATERIALS AND ENERGY FROM SOLID WASTES. IT ALSO
REQURED SEVERAL STUDIES AND DIRECTED THE ENVIRONMENTAL PROTECTION AGENCY
(EPA) TO ISSUE GUIDELINES ON WASTE MANAGEMENT AND RECOVERY WHICH ARE
MANDATORY ON FEDERAL AGENCIES, BUT MERELY ADVISORY TO OTHERS.
IN APRIL 1975, THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE HELD
HEARINGS ON SOLID WASTE LEGISLATION AT WHICH WITNESSES ENDORSED
COMPREHENSIVE LEGISLATION ESTABLISHING STATE SOLID WASTE MANAGEMENT
PROGRAMS, ELIMINATING FREIGHT RATE DISCRIMINATION, REDUCING THE VOLUME
OF WASTES BEFORE THEY ENTER THE SOLID WASTE STREAM, CONTROLLING
HAZARDOUS WASTES, AND CONTINUING TECHNICAL ASSISTANCE AND RESEARCH AND
DEVELOPMENT.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 017 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110745
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
THE NEED FOR PRIVATE SECTOR INVOLVEMENT IN THE RESOURCE RECOVERY
EFFORTS OF COMMUNITIES WAS EMPHASIZED, AND TAX INCENTIVES OF VARIOUS
TYPES WERE CALLED FOR TO STIMULATE RECOVERY AND REUSE.
ENVIRONMENTAL RESEARCH AND DEVELOPMENT BEING UNDER THE JURISDICTION
OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY, THE SUBCOMMITTEE ON THE
ENVIRONMENT AND THE ATMOSPHERE HELD HEARINGS IN APRIL 1976 ON THE SOLID
WASTE ENERGY AND RESOURCE RECOVERY ACT, H.R. 12380. TESTIMONY REANGED
BROADLY OVER THE SUBJECT OF SOLID WASTE MANAGEMENT AND RESOURCE
RECOVERY.
TESTIMONY AT THE HEARINGS RECORDED THE NEED FOR "LOW TECHNOLOGIES"
SUCH AS SOURCE SEPARATION, IN ADDITION TO THE HIGH-COST "HIGH
TECHNOLOGY" FACTORIES WHICH WOULD SEPARATE MIXED MUNICIPAL WASTE INTO
ITS CONSTITUENTS. THERE WAS TESTIMONY ON THE NEED FOR ADDITIONAL
LARESCALE MULTI-MILLION DOLLAR DEMONSTRATION PROJECTS AS WELL AS
TESTIMONY CALLING FOR THE PERFECTION OF INDIVIDUAL COMPONENTS OF SUCH
SYSTEMS.
THERE WAS TESTIMONY BOTH FOR AND AGAINST INFUSTIONS OF CAPITAL FOR
CONSTRUCTION FROM THE FEDERAL GOVERNMENT. ON THE ONE HAND, THE LACK OF
FINANCING HAS HELD BACK CITIES THAT WISH TO CONSTRUCT FACILITIES; ON
THE OTHER, THERE WAS EVIDENCE THAT THE CAPITAL MARKET IS PERFORMING ITS
PROPER ROLE IN EVALUATING RISK FACTORS, AND THE RELUCTANCE OF FINANCIERS
MERELY REFLECTS THE INADEQUACIES OF THE TECHNOLOGIES PRESENTLY
AVAILABLE. METHODS OF DEALING WITH RISK AND OVERCOMING THE DISTORTIONS
IN THE ECONOMY WERE DISCUSSED.
ANOTHER CONCERN EXPRESSED WAS THAT INVESTMENTS IN LARGE SCALE
CAPITAL-INTENSIVE RESOURCE-RECOVERY PLANTS WOULD DISCOURAGE THE
IMPLEMENTATION OF WASTE REDUCTION TECHNOLOGY. BECAUSE OF THE NEED TO
GUARANTEE THEIR ABILITY TO SUPPLY MARKETS FOR RECOVERED MATERIALS AND
THUS THEIR NEED FOR A STEADY INPUT OF RECOVERABLE WASTE, INVESTORS IN
LARGE RESOURCE RECOVERY SYSTEMS WOULD HAVE NO INCENTIVE TO SUPPORT WASTE
REDUCTION TECHNOLOGIES.
MANY WITNESSES BEGAN THEIR TESTIMONY BY REVIEWING THE BENEFITS AND
POTENTIAL OF RESOURCE RECOVERY, AND DISCUSSING ITS CURRENT STATUS.
BRIEFLY STATED, THE SEVERAL METHODS FOR ENERGY RECOVERY THAT HAVE
BEEN TRIED OR ARE STILL BEING TESTED -- WATERWALL INCINERATION,
REFUSE-DERIVED FUEL FOR USE AS A SUPPLEMENT TO CONVENTIONAL FUELS, AND
PYROLYSIS -- HAVE ALL ENCOUNTERED PROBLEMS. THERE ARE ALSO OTHER
WASTE-TO-ENERGY TECHNOLOGIES WHOSE DEVELOPMENTAL STATUS RANGES FROM
PURELY THEORETICAL TO AT LEAST BENCH SCALE. BUT THERE WAS A PREFERENCE
FOR HOLDING BACK AND SOLIDIFYING THE PROGRESS MADE SO FAR BY PERFECTING
COMPONENTS THAT HAVE NOT PERFORMED AS CONSISTENTLY OR EFFICIENTLY AS
DESIGNED. THE SAME IS LARGELY TRUE FOR MATERIALS SEPARATION PROCESSES,
AS WELL.
AN AREA WHERE THERE WAS A VARIETY OF OPINION WAS ON THE ROLE OF
DEMONSTRATION PROJECTS, AND THIS SEEMED PARTLY DUE TO THE IMPRECISION OF
THE TERM. "DEMONSTRATION" GENERALLY REFERS TO A FULL-SCALE OR
COMMERCIAL-SIZE FACILITY OR PROGRAM; IN MANY CASES THE DEMONSTRATION
WILL HAVE BEEN PRECEDED BY A SMALL-SCALE "PILOT PROJECT" OR "PILOT
PLANT." IT ALSO CARRIES THE IMPLICATION OF A RISK GREATER THAN THE
"NORMAL" RISK FOR ANY NEW BUSINESS ENDEAVOR, AND, INDEED, THIS PROVIDES
THE RATIONALE FOR GOVERNMENTAL ASSISTANCE.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 018 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110746
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
THE SUBCOMMITTEE ON THE ENVIRONMENT AND THE ATMOSPHERE MET ON JULY 22
AND JULY 29, 1976 TO MARK UP A DRAFT BILL. THE DRAFT HAD BEEN PREPARED
IN CLOSE COOPERATION WITH THE COMMITTEE ON INTERSTATE AND FOREIGN
COMMERCE, WHICH COMMITTEE HAS JURISDICTION OVER REGULATORY ASPECTS OF
SOLID WASTE MANAGEMENT.
ON JULY 29, THE AMENDED DRAFT WAS ORDERED TO BE INTRODUCED AS A CLEAN
BILL AND REPORTED TO THE FULL COMMITTEE.
THE COMMITTEE ON SCIENCE AND TECHNOLOGY MET ON AUGUST 10, 1976 TO
MARK UP THE CLEAN BILL, H.R. 14965. SEVERAL PERFECTING AMENDMENTS WERE
OFFERED BY THE SUBCOMMITTEE CHAIRMAN AND ADOPTED BY VOICE VOTE.
THE AMENDMENTS ARE:
1. ON PAGE 6, AMEND LINES 8 AND 9 TO READ:
(2) ANY ENERGY-RELATED RESEARCH, DEVELOPMENT, OR DEMONSTRATION
PROJECT FOR THE CONVERSION, INCLUDING BIOCONVERSION.
THE PURPOSE OF THIS AMENDMENT IS SIMPLY TO CLARIFY AWKWARD LANGUAGE.
2. ON PAGE 6, LINE 16, STRIKE:
AND IN ACCORDANCE WITH MODIFICATIONS IN SUCH AGREEMENT WHICH ARE
MUTUALLY AGREED UPON BY SUCH AGENCY AND ADMINISTRATION,
PARAGRAPH 204(B)(2), FROM WHICH THIS CLAUSE IS STRUCK, PROVIDES THAT
EPA AND ERDA SHALL COORDINATE THEIR SOLID WASTE R. D. AND D, ACTIVITIES
ACCORDING TO AN INTERAGENCY AGREEMENT SIGNED ON MAY 7, 1976. IN
OTHERWORDS THAT AGREEMENT IS INCORPORATED INTO THE LAW BY REFERENCE.
THE PURPOSE OF THIS AMENDMENT IS TO PREVENT FUTURE CHANGES IN THE MAY 7,
1976 INTERAGENCY AGREEMENT BETWEEN EPA AND ERDA FROM HAVING THE FORCE OF
LAW.
3. ON PAGE 7, LINE 9 AMEND "SECTION 204A" TO READ "SECTIONS 204A AND
204B". THE AMENDMENT PROVIDES THAT EPA AND ERDA COORDINATE THEIR
ACTIVITIES UNDER SECTION 204B (TECHNICAL INFORMATION) AS WELL AS UNDER
SECTION 204A (SPECIAL STUDIES).
4. ON PAGE 10, LINE 14, STRIKE ALL THROUGH THE PERIOD ON LINE 2,
PAGE 11, AND INSERT IN LIEU THEREOF THE FOLLOWING:
(F) THE ADMINISTRATOR SHALL CONDUCT A DETAILED AND COMPREHENSIVE
STUDY ON THE ADVERSE EFFECTS OF SOLID WASTE FROM ACTIVE AND ABANDONED
SURFACE AND UNDERGROUND MINES ON THE ENVIRONMENT, INCLUDING, BUT NOT
LIMITED TO THE EFFECTS OF SUCH WASTES ON WATER, AIR, HUMANS, HEALTH,
WELFARE, AND NATURAL RESOURCES, AND ON THE ADEQUACY OF MEANS AND
MEASURES CURRENTLY EMPLOYED BY THE MINING INDUSTRY, GOVERNMENT AGENCIES,
AND OTHER TO DISPOSE OF AND UTILIZE SUCH SOLID WASTES AND TO PREVENT OR
SUBSTANTIALLY MITIGATE SUCH ADVERSE EFFECTS. IN FURTHERANCE OF THIS
STUDY, THE ADMINISTRATOR SHALL, AS HE DEEMS APPROPRIATE, REVIEW STUDIES
AND OTHER ACTIONS OF OTHER FEDERAL AGENCIES CONCERNING SUCH WASTES WITH
A VIEW TOWARD AVOIDING DUPLICATION OF EFFORT AND THE NEED TO EXPEDITE
SUCH STUDY. THE ADMINISTRATOR SHALL PUBLISH A REPORT OF SUCH STUDY AND
SHALL INCLUDE APPROPRIATE FINDINGS AND RECOMMENDATIONS FOR FEDERAL AND
NON-FEDERAL ACTIONS CONCERNING SUCH EFFECTS."
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 019 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110747
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
THE LANGUAGE OF SUBSECTION (F) WHICH WAS STRUCK, PROVIDED FOR A STUDY
OF SOLID WASTE RESULTING FROM MINING. THE RESULT OF THE AMENDMENT IS TO
CHANGE THE FOCUS OR EMPHASIS OF THE STUDY FROM A STUDY OF PRESENT
PRACTICES AND THE COSTS OF ALTERNATIVE PRACTICES FOR DISPOSAL OF SOLID
WASTE FROM MINES TO A STUDY ON THE ADVERSE EFFECTS OF SOLID WASTE FROM
MINES AND WAYS TO MITIGATE THESE EFFECTS. IN OTHER WORDS THE THRUST OF
THE STUDY IS SOMEWHAT CHANGED.
5. ON PAGE 12, LINE 22, AFTER "(E)." INSERT (F)."
6. ON PAGE 12, LINE 25, DELETE "(F)."
THE EFFECT OF THESE TWO AMENDMENTS IS TO REQUIRE THAT THE MINING
WASTE STUDY BE COMPLETED IN ONE YEAR RATHER THAN TWO.
A QUORUM BEING PRESENT THE BILL, H.R. 14965, AS AMENDED, WAS ORDERED
TO BE REPORTED BY A UNANIMOUS VOICE VOTE.
A QUORUM BEING PRESENT, THE COMMITTEE FAVORABLE REPORTED THE BILL,
H.R. 14965, WITH AMENDMENTS, AND RECOMMENDS ITS ENACTMENT.
COORDINATION BETWEEN EPA AND ERDA
PARAGRAPH 204(B)(2) AS AMENDED, MAKES SPECIFIC PROVISION FOR THE
COORDINATION OF THE ENVIRONMENTAL PROTECTION AGENCY AND THE ENERGY
RESEARCH AND DEVELOPMENT ADMINISTRATION IN THE ACTIVITIES UNDER THE
BILL. THE PARAGRAPH SPECIFIES THAT ANY ENERGY-RELATED RESEARCH,
DEVELOPMENT OR DEMONSTRATION PROJECTS FOR THE CONVERSION, INCLUDING
BIOCONVERSION, OF ENERGY FROM SOLID WASTE WILL BE ADMINISTERED IN
ACCORDANCE WITH THE CURRENT INTERAGENCY AGREEMENT BETWEEN ERDA AND EPA,
WHICH SPECIFIES THE RESPECTIVE RESPONSIBILITIES OF THE TWO AGENCIES IN
SUCH PROJECTS. ADDITIONALLY, THE SUBSECTION SPECIFIES THAT EPA WILL
CONDUCT THE SPECIAL STUDIES ACTIVITIES AND INFORMATION COORDINATION,
COLLECTION, AND DISSEMINATION ACTIVITIES REQUIRED BY NEW SECTIONS 204A
AND 204B, RESPECTIVELY, IN COORDINATION AND CONSULTATION WITH THE ERDA.
THE COMMITTEE HAS ADOPTED THE COORDINATION PROVISION IN 204(B)(2) IN
AN ATTEMPT TO ESTABLISH A SCHEME FOR DELINEATION OF RESPONSIBILITY
BETWEEN EPA AND ERDA IN THE CRITICAL AREA OF ENERGY CONVERSION FROM
SOLID WASTE. THE CHAIRMAN OF THE SUBCOMMITTEE ON ENVIRONMENT AND THE
ATMOSPHERE AND THE SUBCOMMITTEE ON ENERGY RESEARCH, DEVELOPMENT AND
DEMONSTRATION OF THIS COMMITTEE HAVE AGREED TO THIS DELINEATION OF
RESPONSIBILITY BETWEEN EPA AND ERDA. THE LANGUAGE IN THIS BILL IS BASED
ON AND INCORPORATES BY REFERENCE THE MAY 7, 1976 INTERAGENCY AGREEMENT
BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND THE ENERGY RESEARCH AND
DEVELOPMENT ADMINISTRATION IN THE DEVELOPMENT OF ENERGY FROM SOLID
WASTES.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 020 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110748
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
THE BILL, THEREBY, WOULD EFFECTIVELY CODIFY THE AGREEMENT BETWEEN THE
AGENCIES FOR THE ACTIVITIES CONTAINED IN THEM. THE BILL ALSO WOULD
CODIFY THE AGREEMENT AMONG THE CONGRESSIONAL COMMITTEES WITH LEGISLATIVE
AND OVERSIGHT RESPONSIBILITY FOR SOLID WASTE TECHNOLOGY AND DEVELOPMENT.
THE COMMITTEE HAS BECOME CONVINCED OVERTHE TWO SESSIONS OF THIS
CONGRESS OF THE ABSOLUTE NECESSITY FOR CLOSE COOPERATION AND
COORDINATION BETWEEN EPA AND ERDA IN THIS VITAL R&D EFFORT. BOTH
AGENCIES HAVE LEGITIMATE RESPONSIBILITIES IN SOLID WASTE R&D WHICH HAVE
BEEN MANDATED BY VARIOUS CONGRESSIONAL ACTIONS. AT THE SAME TIME, EACH
AGENCY HAS ITS OWN SPECIFIC RESPONSIBILITIES IN SUCH R&D. NEITHER
AGENCY, HOWEVER, CAN PROCEED EFFECTIVELY ON A WHOLLY INDEPENDENT AND
UNCOORDINATED EFFORT. EPA AND ERDA SIMPLY MUST WORK TOGETHER TO PROVIDE
THE NATION WITH A TIMELY AND BROADLY CONSIDERED TECHNICAL ALTERNATIVE
FOR ENVIRONMENTALLY ACCEPTABLE SOLID WASTE DISPOSAL THAT, TO THE EXTENT
FEASIBLE, INCORPORATES ENERGY AND MATERIAL RECOVERY. THE INTERAGENCY
AGREEMENT REPRESENTS A SIGNIFICANT FIRST STEP TOWARDS THAT END, AND THE
COMMITTEE COMMENDS THE TWO AGENCIES FOR THIS IMPORTANT JOINT INITIATIVE.
PARAGRAPH 204(B)(2) OF THE BILL WILL PROVIDE THE STATUTORY MANDATE AND
MECHANISM FOR THIS REQUIRED COORDINATION, CONSULTATION AND DELINEATION
OF RESPONSIBILITY FOR THESE SOLID WASTE R&D ACTIVITIES.
INCIDENTALLY, THE TWO COMMITTEES OF THE SENATE (PUBLIC WORKS AND
INTERIOR AND INSULAR AFFAIRS), HAVING AUTHORIZATION RESPONSIBILITY FOR
SOLID WASTE PROJECTS AND THE RESPECTIVE ROLES SIMILAR TO THAT IS WHICH
IS EMBODIED IN THIS BILL. FURTHER, THEY HAVE ADOPTED LANGUAGE ALMOST
IDENTICAL TO 204(B)(2) OF THE BILL IN A SENATE-PASSED BILL AUTHORIZING
LOAN GUARANTEES FOR COMMERCIAL DEMONSTRATION FACILITIES FOR THE
PRODUCTION OF SYNTHETIC FUELS (S.3105).
THIS COMMITTEE HAS INCLUDED PROVISIONS SPECIFYING COORDINATION
BETWEEN EPA AND ERDA IN A NUMBER OF R&D AREAS IN SEVERAL BILLS IN THIS
CONGRESS. PARAGRAPH 204(B)(2) OF THE BILL IS THE MOST EXPLICIT MANDATE
OF COORDINATION THUS FAR INCLUDED IN A BILL BY THE COMMITTEE. THIS
EXPLICITNESS IS A DIRECT REFLECTION OF THE INCREASING IMPORTANCE WHICH
THE COMMITTEE ATTACHES TO THIS COORDINATION AND COOPERATION IN
ADDRESSING OUR NATION'S RELATED ENERGY AND ENVIRONMENTAL NEEDS. THE
COMMITTEE EXPECTS BOTH AGENCIES TO IMPLEMENT THESE PROVISIONS IN THE
GOOD FAITH SPIRIT IN WHICH THEY HAVE BEEN LEGISLATED. WHILE THE
COMMITTEE IS GREATLY ENCOURAGED BY THE IMPORTANT JOINT INITIATIVE
REPRESENTED BY THEIR INTERAGENCY AGREEMENT AND APPLAUDS THAT INITIATIVE,
THE COMMITTEE ANTICIPATES A GOOD FAITH IMPLEMENTATION OF PARAGRAPH
204(B)(2) AND A RESULTING CLOSE COORDINATION AND COOPERATION BETWEEN THE
TWO AGENCIES. THE TWO AGENCIES SHOULD BE ON NOTICE THAT THIS COMMITTEE
INTENDS TO CLOSELY OVERSEE THIS ASPECT OF THE H.R. 14965 PROGRAM.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 021 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110749
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
CONCERNING THE INFORMATION PROGRAM PROVIDED FOR IN SECTION 204B OF
THE BILL THE COMMITTEE FEELS STRONGLY THAT EPA SHOULD ANALYZE AND
PUBLISH REPORTS ON ALL DEMONSTRATION PROJECTS, NOT JUST THE SUCCESSFUL
ONES. IN ANY EXPERIMENTAL PROGRAM THERE WILL BE SOME FAILURES. IN MANY
CASES THE FAILURES PROVIDE VALUABLE LESSONS -- THESE LESSONS SHOULD BE
MADE AVAILABLE TO ALL POTENTIALLY INTERESTED PERSONS. THE INTENT IS NOT
TO ENCOURAGE RECRIMINATION, BUT TO AVOID MAKING THE SAME MISTAKE AGAIN
AND AGAIN.
FURTHER, THE COMMITTEE FEELS THAT EPA SHOULD DEVELOP A CAPABILITY FOR
MONITORING AND EVALUATING DEMONSTRATION PROJECTS. THIS MONITORING AND
EVALUATION CAPACITY SHOULD BE CLOSELY COORDINATED WITH THOSE ACTUALLY
CARRYING OUT THE DAY-TO-DAY OPERATION AND MAINTENANCE OF THE
DEMONSTRATION FACILITY. THIS MAY INVOLVE SEPARATE ORGANIZATIONAL
ENTITIES, BUT IN ANY CASE THE ORGANIZATION SHOULD BE ALERT TO THE
NECESSITY FOR AN UNBIASED EVALUATIVE EFFORT. IN ADDITION IT IS
RECOMMENDED THAT THIS EVALUATING FUNCTION SEEK INPUT FROM THE REGULATORY
AND IMPLEMENTATION SIDE OF THE AGENCY, AND FROM OUTSIDE EXPERTS. THE
ADMINISTRATOR SHOULD CONSIDER WHETHER THIS FUNCTION SHOULD BE A A PART
OF THE INFORMATION PROGRAM PROVIDED FOR IN SECTION 204B.
IN MANY OF THE RESEARCH, DEVELOPMENT, AND DEMONSTRATION AREAS COVERED
IN THIS BILL, THE BUREAU OF MINES IN THE DEPARTMENT OF INTERIOR HAS
GREAT COMPETENCE AND EXPERIENCE. THE COMMITTEE FEELS THAT THE
ADMINISTRATOR SHOULD SEEK CONSULTATION WITH THE DIRECTOR OF THE BUREAU
OF MINES IN PLANNING THE EPA PROGRAM AND, WHERE APPROPRIATE, SHOULD
UTILIZE THE EXPERTISE OF THAT AGENCY IN CARRYING OUT THE PROGRAM. THE
COMMITTEE HOPES THAT A CONTINUING COOPERATIVE ARRANGEMENT (AS OPPOSED TO
A SERIES OF EPISODIC TASK PROJECTS) CAN BE DEVELOPED BETWEEN THE TWO
AGENCIES.
THE COMMITTEE COMMENTS ON THIS BILL HAVE FOCUSED ON THE RESOURCE
RECOVERY ASPECTS OF SOLID WASTE MANAGEMENT. THIS IS NOT MEANT TO
DEEMPHASIZE THE NEEDED RESEARCH, DEVELOPMENT, AND DEMONSTRATION FOR
CONVENTIONAL SOLID WASTE MANAGEMENT AND FOR HAZARDOUS WASTE MANAGEMENT.
GENERALLY, THERE ARE NO MARKET INCENTIVES FOR THE PRIVATE SECTOR TO
INVEST IN WAYS TO CONTROL THE ENVIRONMENTAL DAMAGES FROM IMPROPER WASTE
MANAGEMENT AND DISPOSAL. THE ESTABLISHMENT OF REGULATORY PROGRAMS AND
THE IMPLEMENTATION OF THOSE PROGRAMS WILL TEND TO STIMULATE INVESTMENTS
BY THE PRIVATE SECTOR. CLEARLY, UNTIL THAT TIME COMES, A LARGE BURDEN
FOR THIS KIND OF RESEARCH, DEVELOPMENT, AND DEMONSTRATION FALLS ON THE
FEDERAL GOVERNMENT.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 022 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110750
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
/1/ THAT BILL WAS SUPERSEDED BY H.R. 14965.
PARTICULAR AREAS OF EMPHASIS IN CONVENTIONAL OR HAZARDOUS SOLID WASTE
MANAGEMENT ARE: 1) WYAS TO COLLECT LEACHATE, 2) WAYS TO TREAT LEACHATE,
3) WAYS TO INCINERATE AND DESTROY ORGANIC HAZARDOUS WASTES, 4) OTHER
BIOLOGICAL AND CHEMICAL TREATMENT OPTIONS FOR POTENTIALLY HAZARDOUS
WASTES, 5) WAYS TO EVALUATE DISPOSAL SITES, AND 6) WAYS TO CORRECT
DAMAGES AT DISPOSAL SITES.
PURSUANT TO CLAUSE 2(2)(3)(A) OR RULE XI, AND UNDER THE AUTHORITY OF
RULE X, CLAUSE W(B)(1) AND CLAUSE (3)(F), OF THE RULES OF THE HOUSE OF
REPRESENTATIVES THE FOLLOWING STATEMENT ON OVERSIGHT ACTIVITIES IS MADE:
PARAGRAPH NOT LEGIBLE
1. THERE IS A NEED FOR MORE RESEARCH AND DEVELOPMENT. THE STATE OF
THE ART CAN BE GREATLY IMPROVED. THIS IS NOT DIRECTLY CRITICAL OF
CURRENT EFFORTS IN THE FIELD, RATHER IT IMPLIES THAT MORE EFFORT IS
NEEDED.
2. THE TESTIMONY REGARDING THE NEED FOR MORE DEMONSTRATIONS WAS
DIVIDED. THE CONSENSUS SEEMS TO BE THAT THERE IS NO NEED FOR A MASSIVE
DEMONSTRATION PROGRAM. ON THE OTHER HAND SOME TECHNOLOGIES ARE READY TO
BE DEMONSTRATED, AND SHOULD BE. THERE WAS CONCERN THAT EXPENSIVE
DEMONSTRATIONS NOT TAKE ALL FUNDS AWAY FROM RESEARCH AND DEVELOPMENT.
3. AN R, D&D PROGRAM SHOULD DEFINITELY INCLUDE MORE WORK ON SMALL
SCALE AND LOW TECHNOLOGY SYSTEMS. SOURCE SEPARATION SHOULD BE A PART OF
THIS EFFORT. 4. A CONTINUING PROBLEM WITH IMPLEMENTATION OF RESOURCE
RECOVERY SYSTEMS IS THE LACK OF A RELIABLE, PROFITABLE MARKET FOR THE
RECYCLED MATERIAL.
THE BILL, H.R. 14965, WAS DRAFTED IN RESPONSE TO THSE AND OTHER
FINDINGS.
COMMITTEE ON GOVERNMENT OPERATIONS
PURSUANT TO RULE X, CLAUSE 2(B)(2) OF THE RULES OF THE HOUSE OF
REPRESENTATIVES THE FOLLOWING OVERSIGHT FINDINGS AND RECOMMENDATIONS
HAVE BEEN RECEIVED: (REPRINTED FROM SOLID WASTE MATERIALS AND ENERGY
RECOVERY; TWENTY FIFTH REPORT BY THE COMMITTEE ON GOVERNMENT
OPERATIONS, JUNE 30, 1976):
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 023 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110751
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
1. SOLID WASTES DISPOSAL IS ONE OF THE MOST SERIOUS MUNICIPAL
PROBLEMS; THE PROBLEM IS GROWING AT AN ANNUAL RATE OF NEARLY 8 PERCENT.
2. OPEN DUMPS CREATE HEALTH AND ENVIRONMENTAL HAZARDS.
3. SANITARY LANDFILL DISPOSAL OF MUNICIPAL SOLID WASTE IS THE MOST
COMMONLY USED DISPOSAL TECHNIQUE.
4. SANITARY LANDFILL DISPOSAL IS BECOMING INCRESINGLY UNAVAILABLE AS
POSSIBLE SITES ACCESSIBLE TO METROPOLITAN AREAS BECOME FILLED AND COSTS
OF TRANSPORTATION MOUNT.
5. LIMITATIONS ON DUMPING MUNICIPAL WASTE IN THE OCEANS, ALTHOUGH
ENVIRONMENTALLY DESIRABLE, EXACERBATE PROBLEMS OF MUNICIPAL WASTE
DISPOSAL.
6. PROPERLY MANAGED LANDFILL DISPOSAL OF REFUCE CAN BE INEXPENSIVE
AND ENVIRONMENTALLY SOUND.
7. TECHNOLOGY WHEREBY MATERIALS AND ENERGY ARE RECOVERED FROM REFUSE
IS AVAILABLE.
8. ENVIRONMENTAL, SOCIAL, AND ECONOMIC BENEFITS OF RESOURCE RECOVERY
HAVE BEEN DEMONSTRATED IN EUROPE AND TO A LIMITED EXTENT, IN THE UNITED
STATES.
9. A NUMBER OF NEW, OR HERETOFORE UNDEMONSTRATED, TECHNOLOGIES ARE
IN VARIOUS STAGES OF DEVELOPMENT AND DEMONSTRATION IN THE UNITED STATES.
10. THE VALUE OF ENERGY AND MATERIALS THAT CAN BE RECOVERED THROUGH
A RESOURCE RECOVERY SYSTEM AND THE FEES PAID FOR DISPOSAL OF REFUSE AT
SUCH FACILITY (THE "DUMP FEE") MAY REPRESENT ALL, OR A SIGNIFICANT
PORTION, OF THE COST OF SUCH FACILITY.
11. RECOVERY OF SALABLE ENERGY AND MATERIALS, TOGETHER WITH "DUMP
FEES", MAY MAKE RESOURCE RECOVERY FACILITIES ECONOMICALLY COMPETITIVE
WITH TRADITIONAL SYSTEMS.
12. MAREKTS FOR RECOVERED MATERIALS ARE VERY LIMITED AND UNSTABLE.
13. IN MANY CASES, ENERGY EXPENDED IN RECOVERING MATERIALS IS
CONSIDERABLY LESS THAN THE ENERGY COST OF EXTRACTING VIRGIN MATERIALS.
14. ENERGY RECOVERED FROM REFUSE MAY BE IN THE FORM OF STEAM, STEAM
TRASNFORMED INTO ELECTRICITY, OR ANY ONE OF VARIOUS TYPES OF SOLID,
LIQUID OR GASEOUS FUELS ("REFUSE-DERIVED FUELS").
15. REFUSE-DERIVED ENERGY IN THE FORM OF STEAM, ELECTRICITY, AND
REFUSE-DERIVED FUEL HAS BEEN USED SUCCESSFULLY BY INDUSTRIES AND
UTILITIES.
16. IN THE INITIAL FULL-SCALE OPERATION OF SOME RESOURCE RECOVERY
SYSTEMS, PROBLEMS HAVE EMERGED SUCH AS: EMISSIONS OF AIR-POLLUTING
GASES AND PARTICULATES, JAMMING AND CLOGGING OF EQUIPMENT,
MALFUNCTIONING OF EQUIPMENT, AND OVERHEATING.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 024 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110752
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
17. THE FEDERAL PROGRAM, WHICH IS LARGELY BASED ON THE RESOURCE
RECOVERY ACT OF 1970, IS ESSENTIALLY A NON-REGULATORY PROGRAM OF EPA
INTENDED TO PROVIDE TECHNICAL ASSISTANCE TO COMMUNITIES AND ENCOURAGE
THE DEVELOPMENT OF NEW TECHNOLOGY THROUGH LIMITED RESEARCH, DEVELOPMENT,
AND DEMONSTRATION.
18. ALTHOUGH EXISTING AND EMERGING TECHNOLOGIES OF RESOURCE RECOVERY
SOMETIMES PRESENT ATTRACTIVE AND FINANCIALLY COMPETITIVE MUNICIPAL WASTE
DISPOSAL SOLUTIONS, FEW COMMUNITIES ARE PURSUNIG SUCH RESOURCE RECOVERY
SOLUTIONS.
19. INSTITUTIONAL BARRIERS OR OBSTACLES MUCH MORE THAN TECHNOLOGICAL
PROBLEMS OFTEN THWART THE DEVELOPMENT AND REALIZATION OF RESOURCE
RECOVERY SOLUTIONS TO MUNICIPAL SOLID WASTE PROBLEMS.
20. MUNICIPAL OFFICIALS ARE OFTEN UNAWARE OF THE AVAILABILITY OF
RESOURCE RECOVERY SYSTEMS AND TECHNOLOGIES, OR LACK THE TECHNICAL
CAPACITY TO DETERMINE WHETHER SUCH SYSTEMS OF TECHNOLOGIES ARE RELIABLE,
OR WHETHER THEY ARE APPROPRIATE TO THEIR PARTICULAR NEEDS.
21. MUNICIPAL OFFICIALS OFTEN FAIL TO TAKE ACCOUNT OF THE FULL COSTS
OF THEIR CURRENT WASTE DISPOSAL SYSTEM, MANY OF WHICH COSTS ARE HIDDEN
OR OVERLOOKED.
22. MANY METROPOLITAN AREAS COMPOSED OF A NUMBER OF POLITICAL
JURISDICTIONS, OFTEN INCLUDING A CENTRAL CITY, GROUP OF INDEPENDENT
SURBURBAN COMMUNITIES, AND A SURROUNDING COUNTY OR TOWNSHIP OFTEN HAVE
INDEPENDENT AUTHORITIES OVER MUNICIPAL SOLID WASTE COLLECTION AND
DISPOSAL.
23. THE MULTIPLE JURISDICTIONS WITHIN METROPOLITAN AREAS OFTEN ARE
UNABLE TO COORDINATE OR UNIFY THEIR VARIOUS SOLID WASTE COLLECTION OR
DISPOSAL SYSTEMS BECAUSE OF OBSTACLES WHICH INCLUDE; LEGAL BARRIERS,
INCONSISTENT DISPOSAL SYSTEMS, INABILITY TO AGREE AS TO A SINGLE
COMPREHENSIVE SYSTEM, INABILITY TO FINANCE PROPORTIONATE SHARES OF A NEW
SYSTEM, AND INABILITY TO PROVIDE A LONG-TERM COMMITMENT OF MINIMUM
VOLUMES OF MUNICPAL REFUSE.
24. MOST MODERN RESOURCE RECOVERY SYSTEMS REQUIRE SUBSTANTIAL
CAPITAL INVESTMENT AND ENTAIL SIGNIFICANT OPERATION AND MAINTENANCE
COSTS.
25. MANY MUNICIPALITIES LACK THE LEGAL AUTHORITY TO ISSUE REVENUE
BONDS FOR RESOURCE RECOVERY.
26. NEITHER EPA NOR ANY OTHER FEDERAL AGENCY HAS AUTHORITY TO
ESTABLISH STANDARDS GOVERNING SOLID WASTE MANAGEMENT OR RESOURCE
RECOVERY.
27. THE STATES OF WISCONSIN AND CONNECTICUT HAVE ESTABLISHED
STATEWIDE PROGRAMS WHICH ARE PREMISED ON REGIONAL APPROACHES, ANTICIPATE
RESOURCE RECOVERY OPPORTUNITIES, AND REQUIRE COOPERATION WITH PRIVATE
INDUSTRY.
28. THE ERDA HAS SUPPORTED LIMITED DEMONSTRATION OF NEW RESOURCE
RECOVERY TECHNOLOGY.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 025 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110753
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
29. BANKS AND LEADING INSTITUTIONS HAVE FINANCED MUNICIPAL RESOURCE
RECOVERY SYSTEMS AND ARE WILLING TO INVEST IN SUCH SYSTEMS IF SUCH
SYSTEMS CAN BE SHOWN TO BE RELIABLE AND ECONOMICALLY VIABLE.
1. CONGRESS SHOULD CONSIDER LEGISLATION AUTHORIZING MINIMUM NATIONAL
STANDARDS FOR THE DISPOSAL OF SOLID WASTE. SUCH STANDARDS SHOULD TAKE
ACCOUNT OF THE HEALTH HAZARDS AND ENVIRONMENTAL DEGRADATION ASSOCIATED
WITH INADEQUATELY CONTROLLED LAND-FILL DISPOSAL OF REFUSE AND TO THE
MAXIMUM EXTENT POSSIBLE, TAKE ACCOUNT OF THE ENVIRONMENTAL AND ECONOMIC
COSTS AND BENEFITS OF LAND-FILL DISPOSAL AND THE AVAILABILITY AND
FEASIBILITY OF ALTERNATIVE SYSTEMS.
2. CONGRESS SHOULD CONSIDER INCLUDING IN SUCH LEGISLATION A
REQUIREMENT THAT OPEN DUMPING OF REFUSE BE PROHIBITED AFTER A DATE
CERTAIN. THAT DATE SHOULD ALLOW COMMUNITIES A REASONABLE TIME WITHIN
WHICH TO INITIATE SYSTEMS WHICH MEET THE NATIONAL STANDARDS OF MUNICIPAL
SOLID WASTE DISPOSAL.
3. CONGRESS SHOULD CONSIDER INCLUDING IN SUCH LEGISLATION DIRECTION
THAT THE ENVIRONMENTAL PROTECTION AGENCY, IN CONSULTATION WITH THE
ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION, DEVELOP AND ISSUE SUCH
NATIONAL STANDARDS OF MUNICIPAL SOLID WASTE DISPOSAL WITHIN ONE YEAR
FROM THE DATE OF ENACTMENT OF SUCH LEGISLATION.
4. CONGRESS SHOULD CONSIDER INCLUDING IN SUCH LEGISLATION PROVISION
FOR PENALTIES AGAINST ANY COMMUNITY WHICH FAILS TO MEET THE NATIONAL
STANDARDS OF MUNICIPAL WASTE DISPOSAL OR WHICH PERMITS OPEN DUMPING
AFTER THE DATE OR DATES SPECIFIED IN SUCH STANDARDS AND PROHIBITION.
5. THE ENVIRONMENTAL PROTECTION AGENCY SHOULD SIGNIFICANTLY EXPAND
THE SCOPE AND QUALITY OF ITS TECHNICAL ASSISTANCE TO STATES, REGIONS,
AND MUNICIPALITIES TO AID IN THE DEVELOPMENT OF ENVIRONMENTALLY,
TECHNICALLY, AND ECONOMICALLY SOUND SOLUTIONS TO MUNICIPAL SOLID WASTE
PROBLEMS. SUCH ASSISTANCE SHOULD BE MADE, WHEN APPROPRIATE, BY
INTERDISCIPLINARY TEAMS, WHICH SHOULD INCLUDE REPRESENTATIVES OF PRIVATE
INDUSTRY AND FINANCIAL INSTITUTIONS, AND OTHER FEDERAL AGENCIES. THESE
TEAMS WOULD BE AVAILABLE UPON REQUEST TO STATES, REGIONS AND
MUNICIPALITIES.
6. THE ENVIRONMENTAL PROTECTION AGENCY, IN CONSULTATION WITH
REPRESENTATIVES OF STATES, MUNICIPALITIES, PRIVATE INDUSTRY, AND OTHER
FEDERAL AGENCIES, SHOULD DEVELOP RECOMMENDED STANDARDS FOR STATE
PROGRAMS OF SOLID WASTE MANAGEMENT. SUCH RECOMMENDED STANDARDS SHOULD
INCLUDE: REGIONAL APPROACHES TO SOLID WASTE MANAGEMENT AND RESOURCE
RECOVERY, TECHNIQUES TO OVERCOME JURISDICTIONAL DIFFERENCES IN
METROPOLITAN AREAS OR REGIONS (INCLUDING THE CREATION OF REGIONWIDE
SOLID WASTE MANAGEMENT AUTHORITIES PURSUANT TO STATE LAW), COMPARISON
AND ANALYSIS OF ALTERNATE TECHNIQUES OF COMPLYING WITH THE NATIONAL
STANDARDS OF MUNICIPAL SOLID WASTE DISPOSAL; COOPERATION WITH
INDUSTRIES AND UTILITIES; DEVELOPMENT AND IMPLEMENTATION OF LONG-TERM
AGREEMENTS AMONG REGIONAL SOLID WASTE MANAGERS, DISPOSAL AND RESOURCE
RECOVERY FACILITY OWNERS, AND MANAGERS AND INDUSTRIAL AND OTHER BUYERS
AND USERS OF RECOVERED MATERIALS AND ENERGY; AND TECHNIQUES OF
FINANCING REGION-WIDE SOLID WASTE DISPOSAL AND RESOURCE RECOVERY
(INCLUDING STATE AUTHORIZATION FOR THE ISSUANCE OF REVENUE BONDS BY
REGIONAL SOLID WASTE AUTHORITIES).
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 026 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110754
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
7. CONGRESS SHOULD CONSIDER APPROPRIATING FUNDS FOR LIMITED FEDERAL
FINANCIAL ASSISTANCE TO THE STATES TO ASSIST THEM IN THE DEVELOPMENT OF
STATE-WIDE PROGRAMS.
8. CONGRESS SHOULD CONSIDER ADOPTING LEGISLATION WHICH DIRECTS THAT
THE RESOURCE RECOVERY RESEARCH AND DEVELOPMENT EFFORTS OF THE
ENVIRONMENTAL PROTECTION AGENCY AND THE ENERGY RESEARCH AND DEVELOPMENT
ADMINISTRATION BE MERGED OR VERY CLOSELY COORDINATED. DEMONSTRATION
PROJECTS SHOULD (NOT) BE SUPPORTED BY EITHER AGENCY UNLESS BOTH CONCUR
THAT ADEQUATE RESEARCH AND DEVELOPMENT HAS PRECEDED SUCH DEMONSTRATION,
THAT PRIVATE INDUSTRY WOULD NOT OTHERWISE DEVELOP AND DEMONSTRATE SUCH
TECHNOLOGY IN A TIMELY FASHION, AND THAT THE TECHNOLOGY TO BE
DEMONSTRATED REPRESENTS A SIGNIFICANT NEW AND BENEFICIAL POTENTIAL.
9. THE CONGRESS SHOULD NOT AUTHORIZE FEDERAL FINANCIAL ASSISTANCE
FOR THE CONSTRUCTION OF RESOURCE RECOVERY FACILITIES OR OTHER MUNICIPAL
SOLID WASTE DISPOSAL FACILITIES.
10. THE CONGRESS SHOULD NOT AUTHORIZE FEDERAL GUARANTEES OF
MUNICIPAL OR STATE BONDS INTENDED TO FINANCE RESOURCE RECOVERY OR OTHER
MUNICIPAL SOLID WASTE DISPOSAL SYSTEMS.
THOSE RECOMMENDATIONS OF THE COMMITTEE ON GOVERNMENT OPERATIONS WHICH
FALL WITHIN THE JURISDICTION OF THE SCIENCE AND TECHNOLOGY COMMITTEE ARE
ADDRESSED IN H.R. 14965. RECOMMENDATION 5 CALLS FOR INCREASED TECHNICAL
ASSISTANCE TO STATE AND LOCAL AGENCIES. THE INCREASED R, D&D PROGRAM
AND THE ACTIVE TECHNICAL INFORMATION PROGRAM ADDRESS THIS ITEM.
RECOMMENDATION 8 CALLS FOR LEGISLATION DIRECTING CLOSE COORDINATION
BETWEEN EPA AND ERDA. PARAGRAPH 204(B)(2) OF THE BILL ACCOMPLISHES
THIS. RECOMMENDATION 8 ALSO STATES THAT DEMONSTRATIONS SHOULD NOT BE
CONDUCTED UNLESS (I) ADEQUATE RESEARCH AND DEVELOPMENT HAS PRECEDED SUCH
DEMONSTRATION AND (II) THAT PRIVATE INDUSTRY WOULD NOT OTHERWISE DEVELOP
AND DEMONSTRATE SUCH TECHNOLOGY. PARAGRAPH 204(B)(1) OF THE BILL
PROVIDES FOR APPROPRIATE RESEARCH AND DEVELOPMENT PRECEEDING
DEMONSTRATIONS AND SECTION 204C OF THE BILL PROVIDES THAT DEMONSTRATIONS
CAN BE ASSISTED ONLY IF PRIVATE INDUSTRY WILL NOT CONDUCT SUCH
DEMONSTRATIONS. RECOMMENDATIONS 9 AND 10 STATE THAT CONGRESS SHOULD NOT
AUTHORIZE FINANCIAL ASSISTANCE FOR MUNICIPAL SOLID WASTE SYSTEMS.
SECTION 204C OF THE BILL LIMITS ASSISTANCE TO SUCH SYSTEMS TO
DEMONSTRATIONS OF NEW TECHNOLOGY, I.E. TO BONAFIDE INNOVATIVE SYSTEMS
PRECLUDING ROUTINE CONSTRUCTION OF SUCH SYSTEMS.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 027 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110755
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
ONE FURTHER POINT SHOULD BE MADE. FINDING 7 STATES "TECHNOLOGY . . .
IS AVAILABLE." THIS COULD BE TAKEN TO IMPLY THAT NO FURTHER RESEARCH AND
DEVELOPMENT IS NEEDED. THAT THIS IS NOT THE IMPLICATION OF THIS FINDING
WAS MADE CLEAR IN A LETTER FROM CHAIRMAN RYAN OF THE GOVERNMENT
OPERATIONS SUBCOMMITTEE ON CONSERVATION, ENERGY, AND NATURAL RESOURCES
TO THE CHAIRMAN OF THE ENVIRONMENT AND THE ATMOSPHERE SUBCOMMITTEE. IN
HIS LETTER CHAIRMAN RYAN SAID, IN PART:
WE INDICATED IN OUR REPORT THAT "TECHNOLOGY WHEREBY MATERIALS AND
ENERGY ARE RECOVERED FROM REFUSE IS AVAILABLE." BY NO MEANS, HOWEVER,
SHOULD THIS EXPRESSION OF THE SUBCOMMITTEE BE CONSTRUED TO IMPLY THAT
THE NATION HAS REACHED A COMPLETE COMMERCIALIZATION STAGE, OR THAT THERE
IS NO MAJOR NEED FOR ADDITIONAL RESEARCH, DEVELOPMENT AND DEMONSTRATION
OF RESOURCE RECOVERY TECHNOLOGY AT THE FEDERAL LEVEL. THE NEED FOR A
CONTINUING AND CONCERTED RD&D PROGRAM WAS STRESSED BY SEVERAL EXPERT
WITNESSES APPEARING BEFORE OUR SUBCOMMITTEE LAST MARCH.
WE BELIEVE THAT THERE ARE A NUMBER OF TECHNOLOGIES WHICH HAVE BEEN
FOUND TO HAVE GREAT POTENTIAL FOR ENERGY RECOVERY, BUT ARE IN NEED OF
ADDITIONAL TECHNICAL DEVELOPMENT.
IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 252(B) OF THE
LEGISLATIVE REORGANIZATION ACT OF 1970, THE FOLLOWING ESTIMATE OF
OBLIGATIONS OVER THE NEXT FIVE YEARS IS MADE:
(IN MILLIONS OF DOLLARS)
TABLE OMITTED
PURSUANT TO SECTION 308(A) OF THE CONGRESSIONAL BUDGET ACT OF 2974
THE FOLLOWING STATEMENT IS MADE: AS THIS BILL PROVIDES NEITHER BUDGET
AUTHORITY (APPROPRIATIONS) NOR TAX EXPENDITURES, SECTION 308(A) DOES NOT
APPLY.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 028 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110756
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
OFFICE
PURSUANT TO SECTION 403 OF THE CONGRESSIONAL BUDGET ACT OF 1974, THE
CONGRESSIONAL BUDGET OFFICE HAS PREPARED THE ATTACHED COST ESTIMATE FOR
H.R. 14965, A BILL TO AMEND THE SOLID WASTE DISPOSAL ACT TO PROVIDE
CERTAIN AUTHORITIES RESPECTING RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
SHOULD THE COMMITTEE SO DESIRE, WE WOULD BE PLEASED TO PROVIDE
FURTHER DETAILS ON THE ATTACHED COST ESTIMATE.
ALICE M. RIVLIN. DIRECTOR.
AUGUST 25, 1976.
1. BILL NUMBER: H.R. 14965.
2. BILL TITLE: TO AMEND THE SOLID WASTE DISPOSAL ACT TO PROVIDE
CERTAIN AUTHORITIES RESPECTING RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
3. PURPOSE OF BILL: THIS LEGISLATION EXPANDS AND CLARIFIES SOME OF
THE RESEARCH AND INFORMATION GATHERING AND DISSEMINATING ACTIVITIES OF
EPA AS PROVIDED IN THE SOLID WASTE DISPOSAL ACT (P.L. 89-272).
SPECIFICALLY. THE BILL AUTHORIZES STUDIES AND FULL-SCALE DEMONSTRATION
PROJECTS TO BE UNDERTAKEN BY EPA.
4. COST ESTIMATE: (MILLIONS OF DOLLARS):
TABLE OMITTED.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 029 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110757
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
5. BASIS FOR ESTIMATE: THE AUTHORIZATION AMOUNTS ARE SPECIFIED IN
THE BILL. THE LEGISLATION AUTHORIZES (SECTION 216(B)) $10 MILLION FOR A
NUMBER OF SPECIFIC STUDIES, SOME OF WHICH ARE TO BE COMPLETED BY 1
OCTOBER 1978 (ONE-YEAR STUDIES) AND OTHERS BY 1 OCTOBER 1979 (TWO-YEAR
STUDIES). THE ONE-YEAR STUDIES ARE ASSUMED TO SPEND ENTIRELY IN FY1978,
WHILE THE TWO-YEAR STUDIES ARE ASSUMED TO SPEND EQUALLY IN FY 1978 AND
FY 1979. LIKELY COSTS FOR THESE STUDIES WERE DETERMINED AFTER
CONSULTATION WITH EPA, OFFICE OF TECHNOLOGY ASSESSMENT (OTA), AND HOUSE
COMMITTEE ON SCIENCE AND TECHNOLOGY STAFF. THE $10 MILLION IS ASSUMED
TO SPEND 85 PERCENT IN FY 1978 AND 15 PERCENT IN FY 1979.
THE LEGISLATION ALSO AUTHORIZES (SECTION 216(A)) $35 MILLION FOR
CERTAIN INFORMATION GATHERING AND DISSEMINATING ACTIVITIES AND FOR
FULL-SCALE DEMONSTRATION PROJECTS AND RELATED ACTIVITIES. THE TOTAL $35
MILLION IS ASSUMED TO SPEND 41 PERCENT IN FY 1978, 24 PERCENT IN FY
1979, 20 PERCENT IN FY 1980, AND 15 PERCENT IN FY 1981, ALTHOUGH THE
SPENDOUT FOR INDIVIDUAL ITEMS MAY DIFFER FROM THIS RATE. THE SPENDOUT
RATE FOR THE INFORMATION GATHERING ACTIVITIES WAS DETERMINED AFTER
DISCUSSION WITH EPA, OTA, AND HOUSE COMMITTEE ON SCIENCE AND TECHNOLOGY
STAFF. IN ORDER TO DETERMINE THE SPENDOUT RATE FOR THE DEMONSTRATION
PROJECTS, A LIKELY MIX OF NEW SOLID WASTE MANAGEMENT PROJECTS WAS
ASSUMED AND THE SPENDOUT RATE FOR THESE ITEMS ESTIMATED. ALTHOUGH THE
LEGISLATION CLEARLY ENCOURAGES COST SHARING, IT IS CONSERVATIVELY
ASSUMED IN THIS ESTIMATE THAT THE PROJECTS ARE ENTIRELY FEDERALLY
FUNDED.
6. ESTIMATE COMPARISON: NONE.
7. PREVIOUS CBO ESTIMATE: NONE.
8. ESTIMATE PREPARED BY: TERRY NELSON (225-5275)
9. ESTIMATE APPROVED BY: R. SCHEPPACH FOR JAMES L. BLUM. ASSISTANT
DIRECTOR FOR BUDGET ANALYSIS.
IN ACCORDANCE WITH RULE XI, CLAUSE 2(1)(R) OF THE RULES OF THE HOUSE
OF REPRESENTATIVES THE FOLLOWING STATEMENT IS MADE. THIS BILL IS
ASSESSED TO HAVE NEGLIGIBLE DIRECT INFLATIONARY EFFECT ON PRICES AND
COSTS IN THE NATIONAL ECONOMY. INSOFAR AS THE PROGRAMS AUTHORIZED
HEREIN ARE SUCCESSFUL, THE FOLLOWING BENEFICIAL ECONOMIC EFFECTS CAN BE
EXPECTED: COSTS OF MUNICIPAL WASTE DISPOSAL WILL BE REDUCED. COSTS OF
ENVIRONMENTAL POLLUTION CONTROL WILL BE MITIGATED. USE OF VIRGIN
RESOURCES WILL BE REDUCED. IMPORTS OF CERTAIN MATERIALS WILL BE
REDUCED.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 030 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110758
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
SECTION 1: THE TITLE OF THE BILL IS THE "SOLID WASTE RESEARCH AND
DEVELOPMENT ACT OF 1976."
SECTION 2: FINDINGS:
(1) OUT NATION'S ECONOMIC AND POPULATION GROWTH HAVE RESULTED IN AN
INCREASE IN WASTE MATERIALS.
(2) CONCENTRATION OF OUR POPULATION IN URBAN AREAS HAS CREATED
SERIOUS PROBLEMS IN THE DISPOSAL OF SOLID WASTES.
(3) AT THE PRESENT RATE OF GROWTH, MANY CITIES SONN WILL BE RUNNING
OT OF SUITABLE SOLID WASTE DISPOSAL SITES.
(4) IMPROPER METHODS OF DISPOSAL RESULTS IN SERIOUS HAZARDS TO THE
PUBLIC HEALTH AND INTERFERE WITH COMMUNITY LIFE AND DEVELOPMENT.
(5) EFFORTS TO CONTROL AIR AND WATER POLLUTION INCREASE SOLID WASTE.
(6) RECYCLING AND REUSE OF SOLID WASTE CAN CONSERVE OUR LIMITED
RESOURCES.
(7) ENERGY CAN BE PRODUCED FROM SOLID WASTE BY METHODS CURRENTLY
BEING DEVELOPED.
(8) PRESENT EFFORTS AT RESOURCE RECOVERY ARE SCATTERED, WITH THE
MAJOR BURDEN FOR DEVELOPMENT OF RESOURCE RECOVERY SYSTEMS FALLING ON
LOCAL GOVERNMENTS.
(9) A FEDERAL INFORMATION PROGRAM IS NEEDED TO DEVELOP AND MAKE
AVAILABLE INFORMATION ON RESOURCE RECOVERY.
(10) A FEDERAL PROGRAM OF RESEARCH, DEVELOPMENT, AND DEMONSTRATION IS
NEEDED TO HELP LOCAL AGENCIES CARRY OUT THEIR RESPONSIBILITIES.
SECTION 3. DEFINITIONS:
DEFINES "DEMONSTRATION" TO LIMITING EFFORTS TO THE INITIAL EXHIBITION
OF A NEW TECHNOLOGY.
DEFINES "SLUDGE" BROADLY: INCLUDES SEWAGE SLUDGE, SCRUBBER SLUDGE,
ETC.
SUBSECTION 4(A). AMENDS SECTION 204(A) OF THE SOLID WASTE DISPOSAL CT
(WHICH CONTAINS THE GENERAL R, D&D AUTHORITY IN THE ACT) TO ADD ITEMS
EMPHASIZING RESEARCH ON:
(6) SMALL SCALE AND LOW TECHNOLOGY SYSTEMS:
(7) IMPROVING THE UTILITY AND MARKETABILITY OF RECOVERED RESOURCES;
(8) IMPROVING ALL ASPECTS OF LANDFILL OPERATIONS TO REDUCE THE
ADVERSE ENVIRONMENTAL EFFECTS OF SOLID WASTE DISPOSAL ON LAND
(9) IMPROVING SLUDGE MANAGEMENT AND RECOVERY OF RESOURCES FROM
SLUDGE;
(10) IMPROVING HAZARDOUS WASTE MANAGEMENT; AND
(11) ADVERSE EFFECTS ON AIR QUALITY WHICH RESULT FROM BURNING SOLID
WASTE FOR DISPOSAL OR ENERGY RECOVERY.
SUBSECTION 4(B). AMENDS SECTION 204(B) OF THE SOLID WASTE DISPOSAL
ACT AS FOLLOWS:
(1) PROVIDES FOR A MANAGEMENT SYSTEM TO INSURE THE COORDINATION OF
ALL R. D&D ACTIVITIES AND TO EXPEDITE THE DEVELOPMENT AND DEMONSTRATION
OF PROMISING RESEARCH IDEAS.
(2) PROVIDES FOR COORDINATION OF EPA AND ERDA ACTIVITIES IN
ACCORDANCE WITH THE EXISTING INTERAGENCY AGREEMENT.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 031 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110759
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
(A) ENERGY-RELATED PROJECTS OF MUTUAL INTEREST WILL BE PLANNED
JOINTLY BY EPA AND ERDA;
(B) RECOGNIZE THE ROLE OF ERDA IN ENERGY-RELATED PROJECTS;
(C) EPA SHALL RETAIN RESPONSIBILITY FOR ENVIRONMENTAL, ECONOMIC, AND
INSTITUTIONAL ASPECTS AND FOR ASSURANCE THAT SUCH PROJECTS ARE
CONSISTENT WITH GUIDELINES AND APPLICABLE STATE PLANS; AND
(D) PROVIDES THAT SPECIAL STUDIES AND INFORMATION ACTIVITIES RELATING
TO ENERGY SHALL BE COORDINATED WITH ERDA.
SUBSECTION 4(C). AMENDS SECTION 204(C) OF THE SOLID WASTE DISPOSAL
ACT AS FOLLOWS:
(1) AUTHORIZES EPA TO MAKE GRANTS OR ENTER INTO CONTRACTS;
(2) CONTRACTS SHALL BE MADE IN ACCORDANCE WITH 10 U.S.C. 2353; (DOD
ACT)
(3) PATENTS COVERED BY SAME PROVISIONS AS ERDA'S (FEDERAL NONNUCLEAR
ENERGY RESEARCH AND DEVELOPMENT ACT OF 1974. P.L. 93-577).
SECTION 5. AMENDS THE SOLID WASTE DISPOSAL ACT BY INSERTING NEW
SECTIONS AFTER SECTION 204 AS FOLLOWS:
SEC. 204A. (A) STUDY AND PUBLISH A REPORT ON GLASS AND PLASTIC
RECOVERY.
(B) STUDY AND PUBLISH A REPORT ON COMPOSITION OF THE WASTE STREAM AND
POTENTIAL UTILITY OF COMPONENTS.
(C) FOR THE PURPOSE OF SETTING RESEARCH PRIORITIES ON THE TECHNIQUES
OF ENERGY ROCOVERY FROM SOLID WASTE, EPA SHALL STUDY AND PUBLISH A
REPORT ON SUCH TECHNIQUES.
(D) STUDY AND PUBLISH A REPORT ON SMALL-SCALE AND LOW TECHNOLOGY
SYSTEMS INCLUDING THEIR APPLICATION TO HIGH DENSITY HOUSING AND OFFICE
COMPLEXES.
(E) STUDY AND PUBLISH A REPORT ON COMPATIBILITY OF SOURCE SEPARATION
WITH HIGH TECHNOLOGY RESOURCE RECOVERY STSTEMS.
(F) STUDY AND PUBLISH A REPORT ON ADVERSE EFFECTS OF SOLID WASTE
RESULTING FROM MINING.
(G) STUDY AND PUBLISH A REPORT ON SLUDGE; TYPES, SOURCES, METHODS OF
DISPOSAL, AND EFFECTS OF SLUDGE; METHODS TO RECOVER RESOURCES FROM
SLUDGE.
(H) STUDY AND PUBLISH A REPORT ON DISCARDED TIRES INCLUDING PROBLEMS
INVOLVED IN COLLECTION AND RECOVERY OF RESOURCES FROM TIRES.
(I) CONDUCT RESEARCH AND REPORT ON THE ECONOMICS OF, AND IMPEDIMENTS
TO, RESOURCE RECOVERY FACILITIES.
(J) STUDY AND PUBLISH A REPORT ON ALL ASPECTS OF VOLUNTARY WASTE
REDUCTION SYSTEMS INCLUDING THE DEGREE TO WHICH SUCH WASTE REDUCTION
SYSTEMS COULD RESULT IN ENERGY CONSERVATION.
(K) STUDY AND PUBLISH A REPORT ON SYSTEMS TO ALLEVIATE HAZARDS TO
AVIATION FROM BIRDS FEEDING ON LANDFILLS AROUND AIRPORTS.
(L) REQUIREMENT TO COMPLETE THE RESEARCH AND STUDIES AND SUBMIT THE
REPORTS (B), (C), (D), (E), (G), AND (K) NO LATER THAN OCTOBER 1, 1978.
STUDIES (A), (F), (H), (I), AND (J) BY OCTOBER 1, 1979. RESULTS OF
THESE STUDIES TO BE USED FOR RESEARCH PLANNING.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 032 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110760
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
SEC. 204B. (A) COLLECTION AND COORDINATE INFORMATION ON
(1) METHODS AND COSTS OF COLLECTION OF SOLID WASTE;
(2) MANAGEMENT PRACTICES, INCLUDING DATA ON DIFFERENT MANAGEMENT
METHODS;
(3) AMOUNT OF RECOVERABLE RESOURCES IN SOLID WASTE;
(4) METHODS OF WASTE REDUCTION AVAILABLE;
(5) ENERGY RECOVERY TECHNOLOGIES;
(6) DISPOSITION OF HAZARDOUS WASTES;
(7) METHODS OF FINANCING SOLID WASTE FACILITIES INCLUDING RESOURCE
RECOVERY FACILITIES;
(8) MARKET AVAILABILITY FOR RECOVERED RESOURCES;
(9) RESEARCH PROJECTS.
(B)(1) ESTABLISH A CENTRAL REFERENCE LIBRARY CONTAINING MATERIALS
COLLECTED UNDER SUBSECTION (A) AND PERFORMANCE INFORMATION ON:
(I) VARIOUS METHODS OF RESOURCE RECOVERY;
(II) VARIOUS SYSTEMS AND TECHNOLOGIES FOR FINAL DISPOSITION OF SOLID
WASTE, AND;
(III) OTHER ASPECTS OF SOLID WASTE MANAGEMENT.
SUCH LIBRARY SHALL CONTAIN MODEL CODES, MODEL ACOUNTING SYSTEMS, AND
OTHER INFORMATION COLLECTED BY EPA OFFICIALS WHICH MAY BE OF VALUE TO
FEDERAL, STATE, AND LOCAL AUTHORITIES.
(2) INFORMATION IN THE LIBRARY SHALL BE ANALYZED, PUBLISHED AND MADE
AVAILABLE TO STATE AND LOCAL GOVERNMENTS.
(C) PROVIDES FOR THE DEVELOPMENT OF MODEL ACCOUNTING SYSTEM FOR USE
BY STATE AND LOCAL GOVERNMENTS.
(D) PROVIDES FOR THE DEVELOPMENT OF MODEL CODES APPLICABLE TO STATE
AND LOCAL GOVERNMENTS.
(E) PROVIDES FOR THE COLLECTION AND PUBLICATION OF INFORMATION
CONCERNING THE ACTIVITIES OF EPA WITH RESPECT TO RESOURCE CONSERVATION
AND RECOVERY FACILITIES.
SEC. 204C. (A) THE ADMINISTRATOR MAY ENTER INTO CONTRACTS FOR A
FULL-SCALE DEMONSTRATION FACILITY ONLY IF
(1) THE FACILITY DEMONSTRATES A NEW, UNPROVEN, OR SIGNIFICANTLY
IMPROVED TECHNOLOGY;
(2) THE REQUIREMENTS OF SECTION 204 OF THIS ACT ARE MET;
(3) THE FACILITY COMPLIES WITH PERTINENT ENVIRONMENTAL REGULATIONS;
(4) THE FACILITY IS UNLIKELY TO BE CONSTRUCTED WITHOUT EPA
ASSISTANCE;
(5) FEDERAL INVOLVEMENT CAN BE TERMINATED WITHOUT COMPROMISING THE
OBJECTIVES OF THIS ACT.
(B) NO FINANCIAL ASSISTANCE MAY BE GIVEN FOR A FULL-SCALE
DEMONSTRATION FACILITY AFTER TEN YEARS AFTER ENACTMENT.
(C)(1) EPA SHALL MAKE ARRANGEMENTS FOR MAXIMUM COST-SHARING WITH
FEDERAL, STATE AND LOCAL AGENCIES, PRIVATE PERSONS, OR COMBINATION
THEREOF.
(2) WHERE PRACTICABLE EPA SHALL PROVIDE MONITORING OF FACILITIES FOR
THE PURPOSE OF OBTAINING INFORMATION ON THE OPERATION OF SUCH
FACILITIES.
(D) EPA SHALL NOT CONSTRUCT OR OPERATE ANY FULL-SCALE FACILITIES,
EXCEPT BY CONTRACT.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 033 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110761
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
SEC. 204D.(A) PROVIDES FOR AN INTRA-AGENCY COORDINATING COMMITTEE TO
ENSURE THAT RESEARCH GOALS ARE COORDINATED WITH THE REGULATORY POLICIES
OF THE EPA.
(B) THE INTRA-AGENCY COORDINATING COMMITTEE SHALL CONSIST OF NINE
MEMBERS. THE ADMINISTRATOR SHALL ACT AS CHAIRMAN, EIGHT MEMBERS SHALL
BE SELECTED FROM OFFICIALS RESPONSIBLE FOR THE CONDUCT OF RESEARCH AND
DEVELOPMENT AND SOLID WASTE REGULATORY PROGRAMS OF THE EPA.
(C)(1) THE COMMITTEE SHALL STIMULATE COMMUNICATION OF INFORMATION
BETWEEN PERSONNEL IN VARIOUS PARTS OF THE AGENCY AND SHALL RECOMMEND
RESEARCH GOALS. THE COMMITTEE SHALL NOT OVERSEE EXECUTION OF RESEARCH.
(2) THE COMMITTEE SHALL PARTICIPATE IN BUDGET FORMULATION FOR
RESEARCH.
(3) THE COMMITTEE SHALL CONSIDER REPORTS OF SPECIAL STUDIES, RESEARCH
AND DEMONSTRATIONS IN DEVELOPING RESEARCH PLANS.
(4) THE COMMITTEE SHALL INCORPORATE INTO ITS RESEARCH PLANS ANY
OTHERSIGNIFICANT INFORMATION RECOMMENDING RESEARCH PROGRAMS.
(5) THE COMMITTEE SHALL MEET AT LEAST
(A) ANNUALLY AT BUDGET TIME;
(B) ANNUALLY TO REVIEW RESEARCH GOALS.
(6) THE COMMITTEE SHALL MAKE AN ANNUAL REPORT TO THE PRESIDENT AND TO
CONGRESS.
(D) THE COMMITTEE IS AUTHORIZED TO CONSULT OTHER AGENCIES IN
FORMULATING PROPOSALS FOR RESEARCH.
SEC. 6. SECTION 216 OF THE SOLID WASTE DISPOSAL ACT (42 U.S.C. 3259)
IS AMENDED TO READ AS FOLLOWS:
SEC. 216. (A) APPROPRIATIONS ARE AUTHORIZED NOT TO EXCEED $35,000,000
FOR FISCAL YEAR 1978, FOR SECTIONS 204, 204B, 204C, 204D, AND 205 OF
THIS ACT.
(B) APPROPRIATIONS AUTHORIZED NOT TO EXCEED $10,000,000 FOR FISCAL
YEAR 1978 AND 1979, FOR SECTION 204A OF THIS ACT.
SEC. 7. THE SOLID WASTE DISPOSAL ACT (42 U.S.C. 3251) AMENDED BY
ADDING A NEW SECTION:
SEC. 217(A) EACH OFFICER OR EMPLOYEE OF THE EPA WHO
(1) PERFORMS ANY SERVICE UNDER THIS ACT; AND
(2) HAS ANY KNOWN FINANCIAL INTEREST UNDER THIS ACT SHALL FILE A
STATEMENT OF FINANCIAL DISCLOSURE ANNUALLY.
SUCH STATEMENT SHALL BE AVAILABLE TO THE PUBLIC.
(B)(A) THE ADMINISTRATOR SHALL DEFINE THE TERM "KNOWN FINANCIAL
INTEREST"; AND
(B) THE ADMINISTRATOR SHALL ESTABLISH METHODS TO MONITOR THE FILING
AND REVIEW OF THESE FINANCIAL STATEMENTS:
(C) THE ADMINISTRATOR SHALL IDENTIFY POSITIONS TO BE EXEMPTED FROM
FINANCIAL DISCLOSURE.
(D) DEFINES THE PENALTY TO BE IMPOSED.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 034 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110762
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
AS REPORTED
IN COMPLIANCE WITH CLAUSE 3 OF RULE XIII OF THE RULES OF THE HOUSE OF
REPRESENTATIVES, CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED,
ARE AS FOLLOWS (EXISTING LAW PROPOSED TO BE OMITTED IS ENCLOSED IN BLACK
BRACKETS, NEW MATTER IS PRINTED IN ITALIC, EXISTING LAW IN WHICH NO
CHANGE IS PROPOSED IS SHOWN IN ROMAN, AND LARGE UNCHANGED BLOCKS OF
EXISTING LAW ARE INDICATED BY * * * ):
AN ACT TO AUTHORIZE A RESEARCH AND DEVELOPMENT PROGRAM WITH RESPECT
TO SOLID-WASTE DISPOSAL, AND FOR OTHER-PURPOSES.
SEC. 201. THIS TITLE (HEREINAFTER REFERRED TO AS "THIS ACT") MAY BE
CITED AS THE "SOLID WASTE DISPOSAL ACT".
(10) 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.
(11) THE TERM "DEMONSTRATION" MEANS THE INITIAL EXHIBITION OF A NEW
TECHNOLOGY PROCESS OR PRACTICE OR A SIGNIFICANTLY NEW COMBINATION OF USE
OF TECHNOLOGIES, PROCESSES OR PRACTICES, SUBSEQUENT TO THE DEVELOPMENT
STAGE, FOR THE PURPOSE OF PROVING TECHNOLOGICAL FEASIBILITY AND COST
EFFECTIVENESS.
(12) 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.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 035 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110763
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
SECTION. 204. (A) THE SECRETARY SHALL CONDUCT, AND ENCOURAGE,
COOPERATE WITH, AND RENDER FINANCIAL AND OTHER ASSISTANCE TO APPROPRIATE
PUBLIC (WHETER FEDERAL, STATE, INTERSTATE, OR LOCAL) AUTHORITIES,
AGENCIES, AND INSTITUTIONS, PRIVATE AGENCIES AND INSTITUTIONS, AND
INDIVIDUALS IN THE CONDUCT OF, AND PROMOTE THE COORDINATION OF,
RESEARCH, INVESTIGATION, EXPCRIMENTS, TRAINING, DEMONSTRATIONS, SURVEYS,
AND STUDIES RELATING TO
(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 WASTE DISPOSAL PROGRAMS;
(3) THE REDUCTION OF THE AMOUNT OF SUCH WASTE AND UNSALVAGEABLE WASTE
MATERIALS;
(4) THE DEVELOPMENT AND APPLICATION OF NEW AND IMPROVED METHODS OF
COLLECTING AND DISPOSING OF SOLID WASTEAND PROCESSING AND RECOVERING
MATERIALS AND ENERGY FROM SOLID WASTES; (AND)
(5) THE IDENTIFICATION OF SOLID WASTE COMPONENTS AND POTENTIAL
MATERIALS AND ENERGY RECOVERABLE FROM SUCH WASTE COMPONENTS ():
(6) SMALL SCALE AND LOW TECHNOLOGY SOLID WASTE MANAGEMENT SYSTEMS,
INCLUDING BUT NOT LIMITED TO, RESOURCE RECOVERY SOURCE SEPARATION
SYSTEMS;
(7) METHODS TO IMPROVE THE PERFORMANCE CHARACTERISTICS OF RESOURCES
RECOVERED FROM SOLID WASTE AND THE RELATIONSHIP OF SUCH PERFORMANCE
CHARACTERISTICS TO AVAILABLE AND POTENTIALLY AVAILABLE MARKETS FOR SUCH
RESOURCES;
(8) IMPROVEMENTS IN LAND DISPOSAL PRACTICES FOR SOLID WASTE
(INCLUDING SLUDGE) WHICH MAY REDUCE 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 ANDEXISTING LANDFILLS, MEANS FOR RESTORING AREAS 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;
(9) METHODS FOR THE SOUND DISPOSAL OF, OR RECOVERY OF RESOURCES,
INCLUDING ENERGY, FROM SLUDGE (INCLUDING SLUDGE FROM POLLUTION CONTROL
AND TREATMENT FACILITIES, COAL SLURRY PIPELINES, AND OTHER SOURCES);
(10) METHODS OF HAZARDOUS WASTE MANAGEMENT, INCLUDING METHODS OF
RENDERING SUCH WASTE ENVIRONMENTALLY SAFE; AND
(11) ANY ADVERSE EFFECTS ON AIR QUALITY (PARTICULARLY WITH REGARD TO
THE EMISSION OF HEAVY METALS) WHICH RESULT FROM SOLID WASTE WHICH IS
BURNED (EITHER ALONE OR IN CONJUNCTION WITH OTHER SUBSTANCES) FOR
PURPOSES OF DISPOSAL OR ENERGY RECOVERY.
((B) IN CARRYING OUT THE PROVISIONS OF THE PRECEEDING SUBSECTION, THE
SECRETARY IS AUTHORIZED TO
(1) COLLECT AND MAKE AVAILABLE, THROUGH PUBLICATIONS AND OTHER
APPROPRIATE MEANS, THE RESULTS OF, AND OTHER INFORMATION PERTAINING TO,
SUCH RESEARCH AND OTHER ACTIVITIES, INCLUDING APPROPRIATE
RECOMMENDATIONS IN CONNECTION THEREWITH;
(2) COOPERATE WITH PUBLIC AND PRIVATE AGENCIES, INSTITUTIONS, AND
ORGANIZATIONS, AND WITH ANY IDUSTRIES INVOLVED, IN THE PREPARATION AND
THE CONDUCT OF SUCH RESEARCH AND OTHER ACTIVITIES; AND
(3) MAKE GRANTS IN AID TO PUBLIC OR PRIVATE AGENCIES AND INSTITUTIONS
AND OT INDIVIDUALS FOR RESEARCH, TRAINING PROJECTS, SURVEYS, AND
DEMONSTRATIONS (INCLUDING CONSTRUCTION OF FACILITIES), AND PROVIDE FOR
THE CONDUCT OF RESEARCH, TRAINING, SURVEYS, AND DEMONSTRATIONS BY
CONTRACT WITH PUBLIC OR PRIVATE AGENCIES AND INSTITUTIONS AND WITH
INDIVIDUALS; AND SUCH CONTRACTS FOR RESEARCH OR DEMONSTRATIONS OR BOTH
(INCLUDING CONTRACTS FOR CONSTRUCTION) MAY BE MADE IN ACCORDANCE WITH
AND SUBJECT TO THE LIMITATIONS PROVIDED WITH RESPECT TO RESEARCH
CONTRACTS OF THE MILITARY DEPARTMENTSIN TITLE 10, UNITED STATES CODE,
SECTION 2353, EXCEPT THAT THE DETERMINATION, APPROVAL, AND CERTIFICATION
REQUIRED THEREBY SHALL BE MADE BY THE SECRETARY.)
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 036 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110764
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
(B)(1) IN CARRYING OUT HIS FUNCTIONS PURSUANT TO THIS ACT AND MY
OTHER FEDERAL LEGISLATION RESPECTING SOLID WASTE OR DISCARDED MATERIAL
RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS, THE ADMINISTRATOR SHALL
ESTABLISH A MANAGEMENT PROGRAM OR SYSTEM TO INSURE THE COORDINATION OF
ALL SUCH ACTIVITES AND TO FACILITATE AND ACCELERATE THE PROCESS OF
DEVELOPMENT OF SOUND NEW TECHNOLOGY (OR OTHER DISCOVERIES) FROM THE
RESEARCH PHASE, THROUGH DEVELOPMENT, AND INTO THE DEMONSTRATION PHASE.
(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
RESEARCH AND DEVELOPMENT ADMINISTRATION PURSUANT TO THIS OR ANY OTHER
ACT SHALL BE ADMINISTERED IN ACCORDANCE WITH THE MAY 7, 1976,
INTERAGENCY AGREEMENT BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND
THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION ON THE DEVELOPMENT 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
AGENCY AND THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION, FOLLOWING
WHICH PROJECT RESPONSIBILITY 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
THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION; (C) THE
ENVIRONMENTAL PROTECTION AGENCY SHALL RETAIN RESPONSIBILITY FOR THE
ENVIRONMENTAL, ECONOMIC, AND INSTITUTIONAL ASPECTS OF SOLID WASTE
PROJECTS AND FOR ASSURANCE THAT SUCH PROJECTS ARE CONSISTENT WITH ANY
APPLICABLE SUGGESTED QUIDELINES PUBLISHED PURSUANT TO SECTION 209(A),
AND ANY APPLICABLE STATE OR REGIONAL SOLID WASTE MANAGEMENT PLAN; AND
(D) ANY ACTIVITIES UNDERTAKEN UNDER PROVISIONS OF SECTION 204A AND 204B
AS RELATED TO ENERGY; AS RELATED TO ENERGY OR SYNTHETIC FUELS RECOVERY
FROM WASTE; OR AS RELATED TO ENERGY CONSERVATION SHALL BE ACCOMPLISHED
THROUGH COORDINATION AND CONSULTATION WITH THE ENERGY RESEARCH AND
DEVELOP MENT ADMINISTRATION.
((C) ANY GRANT, AGREEMENT, OR CONTRACT MADE OR ENTERED INTO UNDER
THIS SECTION SHALL CONTAIN PROVISIONS EFFECTIVE TO INSURE THAT ALL
INFORMATION, USES, PROCESSES, PATENTS AND OTHER DEVELOPMENTS RESULTING
FROM ANY ACTIVITY UNDERTAKEN PURSUANT TO SUCH GRANT, AGREEMENT, OR
CONTRACT WILL BE MADE READILY AVAILABLE ON FAIR AND EQUITABLE TERMS TO
INDUSTRIES UTILIZING METHODS OF SOLID-WASTE DISPOSAL AND INDUSTRIES
ENGAGING IN FURNISHING DEVICES, FACILITIES, EQUIPMENT, AND SUPPLIES TO
BE USED IN CONNECTION WITH SOLID-WASTE DISPOSAL. IN CARRYING OUT THE
PROVISIONS OF THIS SECTION, THE SECRETARY AND EACH DEPARTMENT, AGENCY,
AND OFFICER OF THE FEDERAL GOVERNMENT HAVING FUNCTIONS OR DUTIES UNDER
THIS ACT SHALL MAKE USE OF AND ADHERE TO THE STATEMENT OF GOVERNMENT
PATENT POLICY WHICH WAS PROMULGATED BY THE PRESIDENT IN HIS MEMORANDUM
OF OCTOBER 10, 1963. (3CFR, 1963 SUPP., P. 238.))
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 037 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110765
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
(C)(1) IN CARRYING OUT SUBSECTION (A) OF THIS SECTION RESPECTING
SOLID WASTE RESEARCH, STUDIES, DEVELOPMENT, AND DEMONSTRATION, EXCEPT AS
OTHERWISE SPECIFICALLY PROVIDED IN SECTION 204C(D), THE ADMINISTRATOR
MAY MAKE GRANTS TO OR ENTER INTO CONTRACTS (INCLUDING CONTRACTS FOR
CONSTRUCTION) WITH, PUBLIC AGENCIES AND AUTHORITIES OR PRIVATE PERSONS.
(2) CONTRACTS FOR RESEARCH, DEVELOPMENT, OR DEMONSTRATIONS OR FOR
BOTH (INCLUDING CONTRACTS FOR CONSTRUCTION) SHALL BE MADE IN ACCORDANCE
WITH AND SUBJECT TO THE LIMITATIONS PROVIDED WITH RESPECT TO RESEARCH
CONTRACTS OF THE MILITARY DEPARTMENTS IN TITLE 10. UNITED STATES CODE,
SECTION 2358, EXCEPT THAT THE DETERMINATION, APPROVAL, AND CERTIFICATION
REQUIRED THEREBY SHALL BE MADE BY THE ADMINISTRATOR.
(3) ANY INVENTION MADE OR CONCEIVED IN THE COURSE OF, OR UNDER, 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 THE
COURSE OF CONTRACTS UNDER SUCH ACT, EXCEPT THAT IN APPLYING SUCH
SECTION, THE ENVIRONMENTAL PROTECTION AGENCY SHALL BE SUBSTITUTED FOR
THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION AND THE WORDS "SOLID
WASTE" SHALL BE SUBSTITUTED FOR THE WORD "ENERGY" WHERE APPROPRIATE.
AND DEMONSTRATIONS
SEC. 204A. (A) THE ADMINISTRATOR SHALL UNDERTAKE A STUDY AND PUBLISH
A REPORT ON RESOURCE RECOVERY FROM GLASS AND PLASTIC WASTE, INCLUDING
THE TECHNOLOGICAL AND ECONOMIC PROBLEMS ASSOCIATED WITH SUCH RECOVERY.
(B) THE ADMINISTRATOR SHALL UNDERTAKE A SYSTEMATIC STUDY OF THE
COMPOSITION OF THE SOLID WASTE STREAM AND OF ANTICIPATED FUTURE CHANGES
IN THE COMPOSITION OF SUCH STREAM AND SHALL PUBLISH A REPORT CONTAINING
THE RESULTS OF SUCH STUDY AND QUANTITATIVELY EVALUATING THE POTENTIAL
UTILITY OF SUCH COMPONENTS.
(C) FOR PURPOSES OF DETERMINING PRIORITIES FOR RESEARCH ON RECOVERY
OF MATERIALS AND ENERGY FROM SOLID WASTE AND DEVELOPING MATERIALS AND
ENERGY RECOVERY RESEARCH, DEVELOPMENT, AND DEMONSTRATION STRATEGIES, THE
ADMINISTRATOR SHALL REVIEW, AND MAKE A STUDY OF, THE VARIOUS EXISTING
AND PROMISING TECHNIQUES OF ENERGY RECOVERY FROM SOLID WASTE (INCLUDING,
BUT NOT LIMITED TO, WATERWALL FURNACE INCINERATORS, DRY SHREDDED FUEL
SYSTEMS, PYROLYSIS, DENSIFIED REFUSE-DERIVED FUEL 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 THE POTENTIAL RESULTS OF SUCH
RESEARCH, DEVELOPMENT, OR DEMONSTRATION.
(2) THE POTENTIAL FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATION
WITHOUT FEDERAL ACTION, INCLUDING THE DEGREE OF RESTRAINT ON SUCH
POTENTIAL POSED BY THE RISKS INVOLVED, AND
(3) THE MAGNITUDE OF EFFORTAND PERIOD OF TIME NECESSARY TO DEVELOP
THE TECHNOLOGY TO THE POINT WHERE FEDERAL ASSISTANCE CAN BE ENDED.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 038 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110766
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
(D) 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 RECOVERY SYSTEMS WHICH HAVE SPECIAL APPLICATION TO MULTIPLE
DWELLING UNITS AND HIGH DENSITY HOUSING AND OFFICE COMPLEXES. SUCH
STUDY AND ANALYSIS SHALL INCLUDE AN INVESTIGATION OF THE DEGREE TO WHICH
SUCH SYSTEMS COULD CONTRIBUTE TO ENERGY CONSERVATION.
(E) THE ADMINISTRATOR SHALL UNDERTAKE RESEARCH AND STUDIES CONCERNING
THE COMPATIBILITY OF FRON-END SOURCE SEPARATION SYSTEMS WITH HIGH
TECHNOLOGY RESOURCE RECOVERY SYSTEMS AND SHALL PUBLISH A REPORT
CONTAINING THE RESULTS OF SUCH RESEARCH AND STUDIES.
(F) THE ADMINISTRATOR 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 WATER, AIR, HUMANS, HEALTH,
WELFARE, AND NATURAL RESOURCES, AND ON THE ADEQUACY OF MEANS AND
MEASURES CURRENTLY EMPLOYED BY THE MINING INDUSTRY. GOVERNMENT
AGENCIES, AND OTHERS TO DISPOSE OF AND UTILIZE SUCH SOLID WASTES AND TO
PREVENT OR SUBSTANTIALLY MITIGATE SUCH ADVERSE EFFECTS. IN FURTHERANCE
OF THIS STUDY, THE ADMINISTRATOR SHALL, AS HE DEEMS APPROPRIATE, REVIEW
STUDIES AND OTHER ACTIONS OF OTHER FEDERAL AGENCIES CONCERNING SUCH
WASTES WITH A VIEW TOWARD AVOIDING DUPLICATION OF EFFORT AND THE NEED TO
EXPEDITE SUCH STUDY. THE ADMINISTRATOR SHALL PUBLISH A REPORT OF SUCH
STUDY AND SHALL INCLUDE APPROPRIATE FINDINGS AND RECOMMENDATIONS FOR
FEDERAL AND NON-FEDERAL ACTIONS CONCERNING SUCH EFFECTS.
(G) 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
OPERATIONS SUCH AS EXTRACTION OF OIL FROM SHALE LIGUIFICATION AND
GASIFICATION OF COAL AND COAL SLURRY PIPELINE OPERATIONS) SHOULD BE
CLASSIFIED AS SLUDGE;
(2) THE EFFECTS OF AIR AND WATER POLLUTION LEGISLATION ON THE
CREATION OF LARGE COLUMES OF SLUDGE;
(3) THE AMOUNTS OF SLUDGE ORIGINATING IN EACH STATE AND IN EACH
INDUSTRY PRODUCING SLUDGE;
(4) METHODS OF DISPOSAL OF SUCH SLUDGE, INCLUDING THE COST,
EFFICIENCY, AND EFFECTIVENESS 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 RECLAIM AREAS WHICH HAVE BEEN USED FOR THE DISPOSAL OF
SLUDGE OR WHICH HAVE BEEN DAMEAGED BY SLUDGE.
(H) THE ADMINISTRATOR SHALL UNDERTAKE A STUDY AND PUBLISH A REPORT
RESPECTING DISCARDED MOTOR VEHICLE TIRES WHICH SHALL INCLUDE AN ANALYSIS
OF THE PROBLEMS INVOLVED IN THE COLLECTION, RECOVERY OF RESOURCES
INCLUDING ENERGY, AND USE OF SUCH TIRES.
(I) THE ADMINISTRATOR SHALL CONDUCT RESEARCH AND REPORT ON THE
ECONOMICS OF, AND IMPEDIMENTS TO, THE EFFECTIVE FUNCTIONING OF RESOURCE
RECOVERY FACILITIES.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 039 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110767
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
(J) THE ADMINISTRATOR SHALL UNDERTAKE A COMPREHENSIVE STUDY AND
ANALYSIS OF AND PUBLISH A REPORT ON THE ENVIRONMENTAL, SOCIAL, AND
ECONOMIC EFFECTS, COST-EFFECTIVENESS, AND EFFICIENCY OF WASTE REDUCTION
SYSTEMS OR PROPOSALS WHICH MAY, OR COULD BE, VOLUNTARILY IMPLEMENTED BY
FEDERAL, STATE, AND LOCAL AUTHORITIES AND THE PRIVATE SECTOR. SUCH
STUDY AND ANALYSIS SHALL INCLUDE AN INVESTIGATION OF THE DEGREE TO WHICH
SUCH WASTE REDUCTION SYSTEMS OR PROPOSALS COULD RESULT IN ENERGY
CONSERVATION.
(K) THE ADMINISTRATOR SHALL UNDERTAKE A COMPREHENSIVE STUDY 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.
(L) THE ADMINISTRATOR SHALL COMPLETE THE RESEARCH AND STUDIES, AND
SUBMIT THE REPORTS, REQUIRED UNDER SUBSECTION (B), (C), (D), (E), (F),
(G), AND (K) NOT LATER THAN OCTOBER 1, 1978. THE ADMINISTRATOR SHALL
COMPLETE THE RESEARCH AND STUDIES, AND SUBMIT THE REPORTS, REQUIRED
UNDER SUBSECTIONS (A), (H), (I), AND (J) NOT LATER THAN OCTOBER 1, 1979.
UPON COMPLETION, EACH STUDY SPECIFIED IN SUBSECTIONS (A) THROUGH (K) OF
THIS SECTION, THE ADMINISTRATOR SHALL PREPARE AND SUBMIT TO THE
INTRA-AGENCY COORDINATING COMMITTEE ESTABLISHED UNDER SECTION 204D A
PLAN FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATION RESPECTING THE
FINDINGS OF THE STUDY AND SHALL SUBMIT ANY LEGISLATIVE RECOMMENDATIONS
RESULTING FROM SUCH STUDY TO APPROPRIATE COMMITTEES OF CONGRESS.
SEC. 204B. (A) THE ADMINISTRATOR SHALL COLLECT AND COORDINATE
INFORMATION ON
(1) METHODS AND COSTS OF THE COLLECTION OF SOLID WASTE;
(2) SOLID WASTE MANAGEMENT PRACTICES, INCLUDING DATA ON THE DIFFERENT
MANAGEMENT METHODS AND THE COST, OPERATION, AND MAINTENANCE OF SUCH
METHODS;
(3) THE AMOUNTS AND PERCENTAGES OF RESOURCES (INCLUDING ENERGY) THAT
CAN BE RECOVERED FROM SOLID WASTE BY USE OF VARIOUS DISCARDED MATERIALS
MANAGEMENT PRACTICES AND VARIOUS TECHNOLOGIES;
(4) METHODS AVAILABLE TO REDUCE THE AMOUNT OF SOLID WASTE THAT IS
GENERATED;
(5) EXISTING AND DEVELOPING TECHNOLOGIES FOR THE RECOVERY OF ENERGY
OR MATERIALS FROM SOLID WASTE AND THE COSTS, RELIABILITY, AND RISKS
ASSOCIATED WITH SUCH TECHNOLOGIES;
(6) HAZARDOUS SOLID WASTE, INCLUDING INCIDENTS OF DAMAGE RESULTING
FROM THE DISPOSAL OF HAZARDOUS SOLID WASTES; INHERENTLY AND POTENTIALLY
HAZARDOUS SOLID WASTES; METHODS OF NEUTRALIZING OR PROPERLY DISPOSING
OF HAZARDOUS SOLID WASTES; FACILITIES THAT PROPERLY DISPOSE OF
HAZARDOUS WASTES;
(7) METHODS OF FINANCING RESOURCE RECOVERY FACILITIES OR
SANITARY LANDFILLS, OR HAZARDOUS SOLID WASTE TREATMENT
FACILITIES, WHICHEVER IS APPROPRIATE FOR THE ENTITY DEVELOPING SUCH
FACILITY OR LANDFILL, (TAKING INTO ACCOUNT THE AMOUNT OF SOLID
WASTE REASONABLY EXPECTED TO BE AVAILABLE TO SUCH ENTITY).
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 040 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110768
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
(8) THE AVAILABILITY OF MARKETS FOR THE PURCHASE OF RESOURCES, EITHER
MATERIALS OR ENERGY, RECOVERED FROM SOLID WASTE; AND
(9) RESEARCH AND DEVELOPMENT PROJECTS RESPECTING SOLID WASTE
MANAGEMENT.
(B)(1) THE ADMINISTRATOR SHALL EXTABLISH AND MAINTAIN A CENTRAL
REFERENCE LIBRARY FOR (A) THE MATERIALS COLLECTED PURSUANT TO SUBSECTION
(A) OF THIS SECTION AND (B) THE ACTUAL PERFORMANCE AND COST
EFFECTIVENESS RECORDS AND OTHER DATA AND INFORMATION WITH RESPECT TO
(I) THE VARIOUS METHODS OF ENERGY AND RESOURCE RECOVERY FROM SOLID
WASTE.
(II) THE VARIOUS SYSTEMS AND TECHNOLOGIES FOR COLLECTION, TRASPORT,
STORAGE, TREATMENT, AND FINAL DISPOSITION OF SOLID WASTE, AND
(III) OTHER ASPECTS OF SOLID WASTE AND HAZARDOUS SOLID WASTE
MANAGEMENT.
SUCH CENTRAL REFERENCE LIBRARY SHALL ALSO CONTAIN, BUT NOT BE LIMITED
TO, THE MODEL CODES AND MODEL ACCOUNTING SYSTEMS DEVELOPED UNDER THIS
SECTION, THE INFORMATION COLLECTED UNDER SUBSECTION (A), AND, SUBJECT TO
ANY APPLICABLE REQUIREMENTS OF CONFIDENTIALITY, INFORMATION RESPECTING
ANY ASPECT OF SOLID WASTE PROVIDED BY OFFICERS AND EMPLOYEES OF THE
ENVIRONMENTAL PROTECTIO- AGENCY WHICH HAS BEEN ACQUIRED BY THEM IN THE
CONDUCT OF THEIR FUNCTIONS UNDER THIS ACT AND WHICH MAY BE OF VALUE TO
FEDERAL, STATE, AND LOCAL AUTHORITIES AND OTHER PERSONS.
(2) INFORMATION IN THE CENTRAL REFERENCE LIBRARY SHALL, TO THE EXTENT
PRACTICABLE, BE COLLATED, ANALYZED , VERIFIED, AND PUBLISHED AND SHALL
BE MADE AVAILABLE TO STATE AND LOCAL GOVERNMENTS AND OTHER PERSONS AT
REASONABLE TIMES AND SUBJECT TO SUCH REASONABLE CHARGES AS MAY BE
NECESSARY TO DEFRAY EXPENSES OF MAKING SUCH INFORMATION AVAILABLE. THE
ADMINISTRATOR SHALL ALSO IMPLEMENT A PROGRAM FOR THE RAPID DISSEMINATION
OF INFORMATION RELATING TO ALL ASPECTS OF SOLID WASTE AND HAZARDOUS
SOLID WASTE MANAGEMENT, INCLUDING THE RESULTS OF ANY RESEARCH,
DEVELOPMENT, DEMONSTRATIONS, INVESTIGATIONS, EXPERIMENTS, SURVEYS OR
STUDIES RELATING TO SOLID WASTE OR HAZARDOUS SOLID WASTES THAT ARE
UNDERTAKEN BY THE ADMINISTRATOR OR BY OTHER FEDERAL AGENCIES.
(C) IN ORDER TO ASSIST STATE AND LOCAL GOVERNMENTS IN DETERMINING THE
COSTS AND REVENUES ASSOCIATED WITH THE COLLECTION AND DISPOSAL OF SOLID
WASTE AND WITH RESOURCE RECOVERY OPERATIONS, THE ADMINISTRATOR SHALL
DEVELOP AND PUBLISH A RECOMMENDED MODEL COST AND REVENUE ACCOUNTING
SYSTEM APPLICABLE TO THE SOLID WASTE MANAGEMENT FUNCTIONS OF STATE AND
LOCAL GOVERNMENTS. SUCH SYSTEM SHALL BE IN ACCORDANCE WITH GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES. THE ADMINISTRATOR SHALL PERIODICALLY,
BUT NOT LESS FREQUENTLY THAN ONCE EVERY FIVE YEARS, REVIEW SUCH
ACCOUNTING SYSTEM AND REVISE IT AS NECESSARY.
(D) THE ADMINISTRATOR IS AUTHORIZED, IN COOPERATION WITH APPROPRIATE
STATE AND LOCAL AGENCIES, TO RECOMMEND MODEL CODES, ORDINANCES, AND
STATUTES, PROVIDING FOR SOUND SOLID WASTE MANAGEMENT.
(E) THE ADMINISTRATOR SHALL COLLECT AND MAKE AVAILABLE (THROUGH
PUBLIC EDUCATION PROGRAMS, PUBLICATIONS, OR OTHER APPROPRIATE MEANS),
INFROMATION CONVERNING THE ACTIVITIES OF THE ENVIRONMENTAL PROTECTION
AGENCY PERTAINING TO RESEARCH, DEVELOPMENT, FEASIBILITY, AND OPERATION
OF RESOURCE CONSERVATION AND RECOVERY FACILITIES, AND ANY OTHER
TECHNICAL, MANAGERIAL, FINANCIAL, OR MARKET ASPECT OF SUCH FACILITIES.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 041 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110769
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
SEC. 204C.(A) THE ADMINISTRATOR MAY ENTER INTO CONTRACTS WITH PUBLIC
AGENCIES OR AUTHORITEIS OR PRIVATE PERSONS FOR THE CONSTRUCTION AND
OPERATION OF A FULL-SCALE DEMONSTRATION FACILITY UNDER THIS ACT, OR
PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF GRANTS TO A FULL-SCALE
DEMONSTRATION FACILITY UNDER THIS ACT ONLY IF THE ADMINISTRATOR FINDS
THAT
(1) SUCH FACILITY OR PROPOSED FACILITY WILL DEMONSTRATE AT FULL SCALE
A NEW OR SIGNIFICANTLY IMPROVED TECHNOLOGY OR PROCESS, A PRACTICAL AND
SIGNIFICANT IMPROVEMENT IN DISCARDED MATERIAL MANAGEMENT PRACTICE, OR
THE TECHNOLOGICAL FEASIBILITY AND OST EFFECTIVENESS OF AN EXISTING, BUT
UNPROVEN TECHNOLOGY, PROCESS, OR PRACTICE, AND WILL NOT DUPLICATE ANY
OTHER FEDERAL, STATE, LOCAL, OR COMMERCIAL FACILITY WHICH HAS BEEN
CONSTRUCTED OR WITH RESPECT TO WHICH CONSTRUCTION HAS BEGUN (DETERMINED
AS OF THE DATE ACTION IS TAKEN BY THE ADMINISTRATOR UNDER THIS ACT.)
(2) SUCH CONTRACT OR ASSISTANCE MEETS THE REQUIREMENTS OF SECTION 204
AND MEETS OTHER APPLICABLE REQUIREMENTS OF THIS ACT.
(3) SUCH FACILITY WILL BE ABLE TO COMPLY WITH THE GUIDELINES
PUBLISHED UNDER SECTION 209 AND WITH OTHER LAWS AND REGULATIONS FOR THE
PROTECTION OF HEALTH AND THE ENVIRONMENT.
(4) IN THE CASE OF A CONTRACT FOR CONSTRUCTION OR OPERATION, SUCH
FACILITY IS NOT LIKELY TO BE CONSTRUCTED OR OPERATED BY STATE, LOCAL, OR
PRIVATE PERSONS OR IN THE CASE OF AN APPLICATION FOR FINANCIAL
ASSISTANCE, SUCH FACILITY IS NOT LIKELY TO RECEIVE ADEQUATE FINANCIAL
ASSISTANCE FROM OTHER SOURCES, AND
(5) ANY FEDERAL INTEREST IN, OR ASSISTANCE TO, SUCH FACILITY WILL BE
DISPOSED OF OR TERMINEATED, WITH APPROPRIATE COMPENSATION, WITHIN SUCH
PERIOD OF TIME AS MAY BE NECESSARY TO CARRY OUT THE BASIC OBJECTIVES OF
THIS ACT.
(B) NO OBLIGATION MAY BE MADE BY THE ADMINISTRATOR FOR FINANCIAL
ASSISTANCE UNDER THIS ACT FOR ANY FULL-SCALE DEMONSTRATION FACILITY
AFTER THE DATE TEN YEARS AFTER THE ENACTMENT OF THIS SECTION. NO
EXPENDITURE OF FUNDS FOR ANY SUCH FULL-SCALE DEMONSTRATION FACILITY
UNDER THIS ACT MAY BE MADE BY THE ADMINISTRATOR AFTER THE DATE FOURTEEN
YEARS AFTER SUCH DATE OF ENACTMENT.
(C)(1) WHEREVER PRACTICABLE, IN CONSTRUCTING, OPERATING, OR PROVIDING
FINANCIAL ASSISTANCEUNDER THIS ACT TO A FULL-SCALE DEMONSTRATION
FACILITY, THE ADMINISTRATOR SHALL ENDEAVOR TO ENTER INTO AGREEMENTS AND
MAKE OTHER ARRANGEMENTS FOR MAXIMUM PRACTICABLE COST SHARING WITH OTHER
FEDERAL, STATE, AND LOCAL AGENCIES, PRIVATE PERSONS, OR ANY COMBINATION
THEREOF.
(2) THE ADMINISTRATOR SHALL ENTER INTO ARRANGEMENTS, WHEREVER
PRACTICABLE AND DESIRABLE, TO PROVIDE MONITORING OF FULL-SCALE, SOLID
WASTE FACILITIES (WHETHER OR NOT CONSTRUCTED OR OPERATED UNDER THIS ACT)
FOR PURPOSES OF OBTAINING INFORMATION CONCERNING THE PERFORMANCE, AND
OTHER ASPECTS, OF SUCH FACILITIES. WHERE THE ADMINISTRATOR PROVIDES
ONLY MONITORING AND EVALUATION INSTRUMENTS OR PERSONNEL (OR BOTH) OR
FUNDS FOR SUCH INSTRUMENTS OR PERSONNEL AND PROVIDES NO OTHER FINANCIAL
ASSISTANCE TO A FICILITY, NOTWITHSTANDING SECTION 204(C)(3), TITLE TO
ANY INVENTION MADE OR CONCEIVED OF IN THE COURSE OF DEVELOPING,
CONSTRUCTING, OR OPERATING SUCH FACILITY SHALL NOT BE REQUIRED TO REST
IN THE UNITED STATES AND PATENTS RESPECTING SUCH INVENTION SHALL NOT BE
REQUIRED TO BE ISSUED TO THE UNITED STEATES.
(D) AFTER THE DATE OF ENACTMENT OF THIS SECTION, THE ADMINISTRATOR
SHALL NOT CONSTRUCT OR OPERATE ANY FULL-SCALE, FACILITY (EXCEPT BY
CONTRACT WITH PUBLIC AGENCIES OR AUTHORITIES OR PRIVATE PERSONS).
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 042 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110770
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
SEC. 204D.(A) THE ADMINISTRATOR SHALL ESTABLISH AN INTRA-AGENCY
COORDINATING COMMITTEE (HEREINAFTER IN THIS SECTION REFERRED TO AS THE
"COMMITTEE") TO PROMOTE COORDINATION OF THE RESEARCH GOALS OF THE
ENVIRONMENTAL PROTECTION AGENCY WITH THE REGULATORY FUNCTIONS OF THE
AGENCY RESPECTING SOLID WASTE.
(B) THE COMMITTEE SHALL BE COMPRISED OF NINE MEMBERS INCLUDING THE
ADMINISTRATOR WHO SHALL ACT AS CHAIRMAN. EIGHT MEMBERS SHALL BE
SELECTED BY THE ADMINISTRATOR FROM AMONG OFFICIALS OF THE ENVIRONMENTAL
PROTECTION AGENCY RESPEONSIBLE FOR THE CONDUCT OF RESEARCH, DEVELOPMENT,
AND DEMONSTRATION AND FROM AMONG OFFICIALS OF THE AGENCY ENGAGED IN THE
REGULATORY AND IMPLEMENTATION PROGRAMS OF THE AGENCY RESPECTING SOLID
WASTE. THE UNITED STATES RESOURCE RECOVERY CORPORATION MAY DESIGNATE A
REPRESENTIATIVE WHO SHALL BE PERMITTED TO ATTEND AND OBSERVE MEETINGS OF
THE COMMITTEE.
(C)(1) THE COMMITTEE (A) SHALL STIMULATE THE FLOW OF INFORMATION FROM
PERSONNEL ENGAGED IN THE REGULATORY AND IMPLEMENTATION PROGRAMS OF THE
AGENCY TO PERSONNEL ENGAGED IN THE PLANNING OF RESEARCH, DEVELOPMENT,
AND DEMONSTRATION PROGRAMS AND IN THE ESTABLISHMENT OF RESEARCH GOALS
AND (B) SHALL RECOMMEND AND PROPOSE RESEARCH GOALS AND PLANS. THE
COMMITTEE SHALL NOT OVERSEE THE EXECUTION OF RESEARCH, DEVELOPMENT, AND
DEMONSTRATION PROGRAMS, BUT SHALL DETERMINE WHETHER OR NOT APPROPRIATE
RESEARCH GOALS ARE BEING SET AND MET IN A TIMELY FASHION.
(2) THE COMMITTEE SHALL ACTIVELY PARTICIPATE IN THE DEVELOPMENT OF
PLANS AND BUDGETS FOR RESEARCH BY THE AGENCY PRIOR TO THE ANNUAL
SUBMISSION OF THE AGENCY'S BUDGET TO THE OFFICE OF MANAGEMENT AND
BUDGET.
(3) REPORTS OF THE SPECIAL STUDIES, RESEARCH, AND DEMONSTRATIONS
PROVIDED FOR IN SECTION 204, 204A, AND 204C SHALL BE PROVIDED TO THE
COMMITTEE WHICH SHALL INCORPORATE THEM INTO RESEARCH PLANS PORPOSED BY
THE COMMITTEE AS MAY BE APPROPRIATE. THE COMMITTEE SHALL REPORT ON THE
ACTIONS, IF ANY, TAKEN BY THE AGENCY PURSUANT TO SUCH STUDIES.
(4) THE COMMITTEE SHALL ALSO RECEIVE AND INCORPORATE INTO ITS
RESEARCH PLANS OTHER SIGNIFICANT STUDIES, REPORTS, AND INFORMATION
RECOMMENDING RESEARCH PROGRAMS RESPECTING SOLID WASTE. WHEN APPROPRIATE
IT SHALL REPORT ON THE ACTIONS, IF ANY, TAKEN BY THE AGENCY PURSUANT TO
SUCH STUDIES, IT REPORTS, AND OTHER INFORMATION.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 043 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110771
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
(5) THE COMMITTEE SHALL MEET AS OFTEN AS NECESSARY, BUT NOT LESS THAN
TWICE ANNUALLY AS FOLLOWS:
(A) AT LEAST ONCE ANNUALLY, DURING THE TIME WHEN THE AGENCY IS
FORMULATING ITS ANNUAL BUDGET SUBMISSION FOR THE COMING FISCAL YEAR, AND
(B) AT LEAST ONCE ANNUALLY, TO RECOMMEND AND PROPOSE RESEARCH GOALS
AND PLANS AND TO REVIEW PROGRESS OF THE ENVIRONMENTAL PROTECTION AGENCY
TOWARD MEETING RESEARCH GOAS.
(6) THE COMMITTEE SHALL REPORT ANNUALLY TO THE PRESIDENT AND TO
CONGRESS. SUCH REPORT SHALL BE INCLUDED, AS A SEPARATE PART, IN A
COMPREHENSIVE ANNUAL REPORT SUBMITTED BY THE ADMINISTRATOR TO THE
PRESIDENT AND CONGRESS. DISSENTING COMMITTEE MEMBERS MAY REPORT IN AN
INDEPENDENT PART OF SUCH COMPREHENSIVE REPORT.
(D) THE COMMITTEE IS AUTHORIZED AND ENCOURAGED TO SEEK THE VIEWS OF
OTHER AGENCIES IN FORMULATING ITS RECOMMENDATIONS AND PROPOSALS FOR
RESEARCH."
SEC. 205. (A) THE SECRETARY SHALL CARRY OUT AN INVESTIGATION AND
STUDY TO DETERMINE
(1) MEANS OF RECOVERING MATERIALS AND ENERGY FROM SOLID WASTE,
RECOMMENDED USES OF SUCH MATERIALS AND ENERGY FOR NATIONAL OR
INTERNATIONAL WELFARE, INCLUDING IDENTIFICATION OF POTENTIAL MARKETS FOR
SUCH RECOVERED RESOURCES, AND THE IMPACT OF DISTRIBUTION OF SUCH
RESOURCES ON EXISTING MARKETS:
(2) CHANGES IN CURRENT PRODUCTION CHARACTERISTICS AND PRODUCTION AND
PACKAGING PRACTICES WHICH WOULD REDUCE THE AMOUNT OF SOLID WASTE;
(3) METHODS OF COLLECTION, SEPARATION, AND CONTAINERIZATION WHICH
WILL ENCOURAGE EFFICIENT UTILIZATION OF FACILITIES AND CONTRIBUTE TO
MORE EFFECTIVE PROGRAMS OF REDUCTION, REUSE, OR DISPOSAL OF WASTES;
(4) THE USE OF FEDERAL PROCUREMENT TO DEVELOP MARKET DEMAND FOR
RECOVERED RESOURCES;
(SEC. 216. (A)(1) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE FOR CARRYING OUT THE
PROVISIONS OF THIS ACT (INCLUDING, BUT NOT LIMITED TO, SECTION 208), NOT
TO EXCEED $41,500,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1971.
((2) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF
THE ENVIRONMENTAL PROTECTION AGENCY TO CARRY OUT THE PROVISIONS OF THIS
ACT, OTHER THAN SECTION 208, NOT TO EXCEED $72,000,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1972, NOT TO EXCEED $76,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1973, AND NOT TO EXCEED $76,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1974.
((3) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF
THE ENVIRONMENTAL PROTECTION AGENCY TO CARRY OUT SECTION 208 OF THIS ACT
NOT TO EXCEED $80,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1972, NOT
TO EXCEED $140,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1973, NOT TO
EXCEED $76,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND NOT TO
EXCEED $76,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 044 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110772
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
((B) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY OF THE
INTERIOR TO CARRY OUT THIS ACT NOT TO EXCEED $8,750,000 FOR THE FISCAL
YEAR ENDING JUNE 30, 1971, NOT TO EXCEED $20,000,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1972, NOT TO EXCEED $22,500,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1973, AND NOT TO EXCEED $22,500,000 FOR THE FISCAL YEAR
ENDING JUNE 30, 1974. PRIOR TO EXPENDING ANY FUNDS AUTHIRIZED TO BE
APPROPRIATED BY THIS SUBSECTION, THE SECRETARY OF THE INTERIOR SHALL
CONSULT WITH THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE TO ASSURE
THAT THE EXPENDITURE OF SUCH FUNDS WILL BE CONSISTENT WITH THE PURPOSES
OF THIS ACT.
((C) SUCH PROTION AS THE SECRETARY MAY DETERMINE, BUT NOT MORE THAN 1
PER CENTUM, OF ANY APPROPRIATION FOR GRANTS, CONTRACTS, OR OTHER
PAYMENTS UNDER ANY PROVISION OF THIS ACT FOR ANY FISCAL YEAR BEGINNING
AFTER JUNE 30, 1970, SHALL BE AVAILABLE FOR EVALUATION (DIRECTLY, OR BY
GRANTS OR CONTRACTS) OF ANY PROGRAM AUTHORIZED BY THIS ACT.
((D) SUMS APPROPRIATED UNDER THIS SECTION SHALL REMAIN AVAILABLE
UNTIL EXPENDED.)
SEC. 216. (A) THERE ARE AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED
$35,000,000 FOR THE FISCAL YEAR 1978 TO CARRY OUT SECITON 204, 204B,
204C, 204D, AND 205 OF THIS ACT.
(B) THERE ARE AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $10,000,000
FOR THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT SECTION 204A OF THIS
ACT.
SEC. 217. (A) EACH OFFICER OR EMPLOYEE OF THE ADMINISTRATOR WHO
(1) PERFORMS ANY FUNCTION OR DUTY UNDER THIS ACT; AND
(2) HAS ANY KNOWN FINANCIAL INTEREST IN ANY PEROSN WHO APPLIES FOR OR
RECEIVED FINANCIAL ASSISTANCE UNDER THIS ACT
SHALL, BEGINNING ON FEBRUARY 1, 1977, ANNUALLY FILE WITH THE
ADMINISTRATOR A WRITTEN STATEMENT CONCERNING ALL SUCH INTERESTS HELD BY
SUCH OFFICER OR EMPLOYEE DURING THE PRECEDING CALENDAR YEAR. SUCH
STATEMENT SHALL BE AVAILABLE TO THE PUBLIC.
(B) THE ADMINISTRATOR SHALL
(1) ACT WITHIN NINETY DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT
(A) TO DEFINE THE TERM KNOWN FINANCIAL INTEREST FOR PURPOSES OF
SUBSECTION (A) OF THIS SECTION; AND
(B) TO ESTABLISH THE METHODS BY WHICH THE REQUIREMENT TO FILE WRITTEN
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 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 AND THE ACTIONS TAKEN IN
REGARD THERETO DURING THE PRECEDING CALENDAR YEAR.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 045 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110773
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
(C) IN THE RULES PRESCRIBED UNDER SUBSECTION (B) OF THIS SECTION, THE
ADMINISTRATOR MAY IDENTIFY SPECIFIC POSITIONS WITHIN THE ENVIRONMENTAL
PROTECTION AGENCY WHICH ARE OF A NONPOLICYMAKING NATURE AND PROVIDE THAT
OFFICERS OR EMPLOYEES OCCUPING SUCH POSITIONS SHALL BE EXEMPT FROM THE
REQUIREMENTS OF THIS SECTION.
(D) 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."
DEPARTMENT RECOMMENDATIONS WERE SOLICITED ON AUGUST 3, 1976 FROM THE
DEPARTMENT OF INTERIOR, THE GENERAL ACCOUNTING OFFICE, THE BUREAU OF
MINES, THE FEDERAL ENERGY ADMINISTRATION, ERDA, AND EPA. ONLY FEA HAS
COMMENTED.
FEDERAL ENERGY ADMINISTRATION. WASHINGTON, D.C. AUGUST 18, 1976.
HON. OLIN F. TEAGUE. CHAIRMAN, COMMITTEE ON SCIENCE AND TECHNOLOGY.
HOUSE OF REPRESENTATIVES. WASHINGTON, D.C.
THE ADMINISTRATOR HAS RECEIVED YOUR REQUEST FOR THE VIEWS OF THE
FEDERAL ENERGY ADMINISTRATION (FEA) ON H.R. 14965, A BILL INGRODUCED BY
MR. BROWN OF CALIFORNIA ON JULY 30, 1976, WHICH HAS BEEN CITED AS THE
"SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 1976".
DEPUTY ASSISTANT ADMINISTRATRO JOHN FRHEMAN TESTIFIED ON THE SUBJECT
OF SOLID WASTE MANAGEMENT BEFORE THE HOUSE COMMITTEE ON GOVERNMENT
OPERATIONS IN MARCH OF THIS YEAR. A COPY OF HIS TESTIMONY OUTLINING
FEA'S VIEWS ON THE SUBJECT IS ATTACHED FOR YOUR INFORMATION.
PAUL CYR. DIRECTOR FOR CONGRESSIONAL AFFAIRS.
FEDERAL ENERGY ADMINISTRATION
INTRODUCTION.
MR. CHAIRMAN, I WOULD LIKE TO THANK YOU FOR THE OPPORTUNITY TO
TESTIFY TODAY ON DOLID WASTE MANAGEMENT AND RESOURCE RECOVERY OF
MATERIALS AND ENERGY. WHILE THE RECOVERY OF MATERIALS IS AN IMPORTANT
CONCERN8 I WILL ADDRESS PRIMARILY THE RECOVERY OF ENERGY FROM MUNICIPAL
WASTES. ENORMOUS QUANTITIES OF ORGANIC WASTE MATERIALS ARE GENERATED
EACH YEAR IN THE UNITED STATES. HOWEVER, THESE WASTES ARE EXPECTED TO
SUPPLY ONLY A SMALL, BUT LOCALLY SIGNIFICANT, PORTION OF OUR ENERGY
NEEDS DURING THE NEXT DECADE.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 046 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110774
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
ORGANIC WASTES ARE COMPLEX BUT MAY BE GROUPED IN SEVEN CATEGORIES:
(1) MUNICIPAL SOLID WASTES; (2) MANURE; (3) AGRICULTURAL WASTES; (4)
LOGGING AND WOOD RESIDUES; (5) INDUSTRIAL WASTES; (6) SEWAGE SLUDGE;
AND (7) MISCELLANEOUS WASTES. GROSS ESTIMATES INDICATE THESE WASTES
AMOUNT TO MORE THAN 2 BILLION TONS PER YEAR. EIGHTY PERCENT OF THE
TOTAL AMOUNT IS IN THE INITIAL THREE CATEGORIES.
MUNICIAPL SOLID WASTE
ONLY ABOUT TEN PERCENT OF THE ORGANIC WASTE IS CONSIDERED ACCESSIBLE
FOR RECOVERY DUE TO ITS PHYSICAL DISPERSION. MUNICIPAL SOLID WASTE
(MSW) IS A NOTABLE EXCEPTION. IN ADDITION TO THE RELATIVE CONCENTRATION
OF MSW, IT IS A PROMISING NEAR-TERM RESOURCE BECAUSE:
MUCH OF THE BASIC TECHNOLOGY TO OBTAIN ENERGY FROM WASTES IS
AVAILABLE;
MSW COLLECTION SYSTEMS EXIST IN ALL MAJOR POPULATION CENTERS;
MSW IS A RENEWABLE RESOURCE;
IN ADDITION TO YIELDING RECYCLABLE MATERIALS, MSW MAY PROVIDE ENERGY;
USE OF MSW AS A SOURCE OF RECOVERABLE ENERGY AND MATERIALS PROVIDES
AN ENVIRONMENTALLY DESIRABLE ALTERNATIVE TO CURRENT WASTE DISPOSAL
PRACTICES.
PROCESSES WHICH HAVE A HIGH POTENTIAL FOR PRODUCING ENERGY FROM MSW
WITHIN THE NEXT DECADE INCLUDE: 1) DIRECT COMBUSTION WHEREIN THE
ORGANIC MATERIALS ARE USED ALONE OR AS A SUPPLEMENTARY FUEL; 2)
PYROLYSIS TO PRODUCE GASES AND OIL; 3) GASIFICATION RESULTING IN A LOW
BTU GAS OF ABOUT 300 BTU PER CUBIC FOOT; AND 4) FERMENTATION PRODUCING
A GASEOUS FUEL CONTAINING 500 TO 700 BTU PER CUBIC FOOT. OF THESE
TECHNOLOGIES DIRECT COMBUSTION IS THE LEAST COMPLEX AND HAS BEEN
DEMONSTRATED COMMERCIALLY IN SEVERAL LOCATIONS. MOREOVER, A FLEDGLING
INDUSTRY IS GROWING TO SUPPORT THE NEEDS FOR URBAN WASTE COMBUSTION AND
RECOVERY OF USEABLE MATERIALS SUCH AS METALS AND GLASS.
THE FEDERAL ENERGY ADMINISTRATION VIEWS MSW AS A MEANINGFUL RENEWABLE
SOURCE OF ENERGY. ONE TON OF MSW HAS A HEATING VALUE OF ABOUT NINE
MILLION BTU OF 1.5 BARRELS OF OIL. MSW HAS A LOW SULFUR CONTENT WHICH
ENHANCES ITS VALUE AS A FUEL.
THE AMOUNT OF MSW COLLECTED ANNUALLY IS THE ENERGY EQUIVALENT OF 200
MILLION BARRELS OF OIL OR ABOUT ONE-THIRD OF OUR PRESENT MIDDLE EAST OIL
IMPORTS. WE ESTIMATE THAT WITHOUT FEDERAL INVOLVEMENT BETWEEN NOW AND
1985, THERE WILL BE CONSTRUCTED IN THE U.S. ENERGY AND RESOURCE RECOVERY
FACILITIES TO USE ABOUT 86,000 TONS OF MSW PER DAY. THIS WOULD MAKE USE
OF ONLY ABOUT ONE FIFTH OF THE WASTE COLLECTED.
IN EUROPE, WHERE THE COST OF LANDFILL AS WELL AS ENERGY HAS BEEN
SIGNIFICANTLY HIGHER THAN IN THIS COUNTRY, ENERGY RECOVERY THROUGH
DIRECT COMBUSTION OF MSW IS A WELL-ESTABLISHED PRACTICE. THERE ARE
CURRENTLY ABOUT 150 PLANTS IN OPERATION IN EUROPE THAT ARE RECOVERING
ENERGY FROM WASTE. SOME OF THESE PLANTS HAVE BEEN OPERATING FOR OVER
TEN YEARS.
IN THIS COUNTRY, LITTLE INTEREST HAS BEEN SHOWN UNTIL RECENTLY IN
RECOVERING ENERGY FROM URBAN REFUSE. ONE IMPROTANT REASON IS THAT WE
AHVE HAD ABUNDANT AND RELATIVELY INEXPENSIVE ENERGY SUPPLIES. ALSO, THE
COST OF WASTE DISPOSAL HAS BEEN CHEAP AS WELL.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 047 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110775
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
THUS, IT HAS NOT BEEN ECONOMICALLY WORTHWHILE TO RECOVER THE ENERGY
IN OUR SOLID WASTE STREAMS. ADDITIONALLY, THERE ARE INSTITUTIONAL
BARRIERS WHICH LIMIT THE ACCEPTANCE OF RECOVERY SYSTEMS.
HOWEVER, WITH THE RISING COST OF ENERGY AND LANDFILL DISPOSAL, THE
ECONOMICS OF RESOURCE RECOVERY ARE BECOMING MORE FAVORABLE THERE IS
LITTLE DOUBT THAT IN THE FUTURE, RESOURCE RECOVERY FROM MSW WI-L BE A
PART OF EVERY LARGE CITY'S WASTE DISPOSAL SYSTEM. SINCE THE COST OF
ENERGY AND WASTE DISPOSAL VARIES FROM REGION TO REGION, ENERGY AND
RESOURCE RECOVERY WILL NOT BECOME ECONOMICALLY VIABLE IN ALL AREAS OF
THE COUNTRY AT THE SAME TIME.
PRIVATE INDUSTRY IS BECOMING ACTIVE IN RECOVERING ENERGY AND USEFUL
MATERIALS FROM MUNICIPAL SOLID WASTE. AN EXAMPLE OF THIS IS AT SAUGUS,
MASSACHUSETTS, WHERE A LARGE REFUSE-TO-ENERGY PLANT HAS JUST BEGUN
OPERATION. THIS PROJECT WAS THE RESULT OF A COOPERATIVE EFFORT BY 16
COMMUNITIES AND SEVERAL INDUSTRIES. THE PLANT HAS THE POTENTIAL OF
SAVING APPROXIMATELY 400,000 BARRELS OF RESIDUAL FUEL OIL A YEAR. OTHER
PROJECTS ARE UNDERWAY BY PRIVATE INDUSTRY WHICH HAVE THE POTENTIAL OF
AIDING OUR EFFORT TO ACHIEVE ENERGY INDEPENDENCE.
FEA ACTIVITIES
DESPITE THESE EFFORTS, THE IMPLEMENTATION OF MSW ENERGY AND RESOURCE
RECOVERY PROJECTS IS NOT PROCEEDING AS RAPIDLY AS WE WOULD LIKE. THE
REASONS FOR THIS ARE MANY AND COMPLEX. ONE OF THE MOST CRITICAL
IMPEDIMENTS TO IMPLEMENTATION IS IN THE CATCHALL CATEGORY OF
"INSTITUTIONAL BARRIERS."
BECAUSE OF ENTRENCHED PRACTICES WITH REGARD TO SOLID WASTE
MANAGEMENT, THERE ARE MANY INSTITUTIONAL BARRIERS THAT WILL DELAY THE
IMPLEMENTATION OF RESOURCE RECOVERY BEYOND THE TIME WHEN IT BECOMES
ECONOMICALLY VIABLE. ONE OF FEA'S OBJECTIVES IS TO IDENTITY THOSE
INSTITUTIONAL BARRIERS THAT PREVENT THE GREATER USE OF MSW AS AN ENERGY
SOURCE.
THE PRIMARY FOCUS OF OUR EFFORT HAS BEEN TO TRY TO UNDERSTAND THE
BARRIERS PREVENTING ELECTRIC UTILITIES FROM UTILIZING SOLID WASTE.
UTILITIES ARE PARTICULARLY ATTRACTIVE BECAUSE OF THEIR PROXIMITY TO
POPULATION CENTERS AND THEIR ABILITY TO USE A VAST QUANTITY OF SOLID
WASTE. FOR EXAMPLE, IN A RELATIVELY SMALL BOILER (100 MEGAWATTS), THE
UNION ELECTRIC COMPANY OF ST. LOUIS BURNS TEN TONS OF SOLID WASTE ALONG
WITH 56 TONS OF COAL PER HOUR.
PRELIMINARY RESULTS FROM AN FEA STUDY ANALYZING THE INSTITUTIONAL
BARRIERS INDICATE THAT ONE REASON WHY UTILITIES ARE UNWILLING TO BURN
REFUSE AS A FUEL SUPPLEMENT IS A RELUCTANCE TO BECOME DIRECTLY INVOLVED
IN THE REFUSE MANAGEMENT PROBLEMS OF MUNICIPALITIES. MANY UTILITY
OFFICIALS FEEL THIS WOULD BE A DIVERSION FROM THEIR NORMAL FUNCTION OF
PROVIDING RELIABLE, EFFICIENT POWER. ANOTHER APPARENT INSTITUTIONAL
BARRIER IS UNCERTAINTY ABOUT HOW CAPITAL AND OPERATING COSTS ASSOCIATED
WITH SOLID WASTE PROJECTS WOULD BE TREATED BY REGULATORY COMMISSIONS.
ALSO, THE CAPITAL AND OPERATING COSTS INVOLVED IN BURNING MSW ARE NOT
SUFFICIENTLY DEFINED; AND REGULATORY UNCERTAINTIES AT THE FEDERAL AND
STATE LEVEL CAUSE UNCERTAINTIES IN THE ECONOMIC FEASIBILITY OF
COMPLIANCE WITH AIR AND WATER EMISSION STANDARDS.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 048 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110776
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
IN ADDITION TO THE INSTITUTIONAL BARRIERS STUDY, FEA IS PARTICIPATING
IN A STUDY WITH THE TENNESSEE VALLEY AUTHORITY (TVA) AND THE
ENVIRONMENTAL PROTECTION AGENCY (EPA) TO EXAMINE THE FEASIBILITY OF
ESTABLISHING A REGIONAL RESOURCE RECOVERY FACILITY THAT WOULD SUPPLY
WASTE TO ONE OR MOREOF TVA'S BOILERS. BECAUSE TVA IS THE LARGEST STEAM
ELECTRIC UTILITY IN THE COUNTRY IN A REGION OF RELATIVELY LOW FUEL COST
AND LOW COST LANDFILL, A SUCCESSFUL DEMONSTRATION OF RESOURCE RECOVERY
WOULD PROBABLY CAUSE A LARGE NUMBER OF UTILITIES TO ADOPT THE PRACTICE
OF UTILIZING SOLID WASTE AS A SUPPLEMENTAL FUEL.
ON A SMALL SCALE, FEA IS PARTICIPATING WITH THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) IN AN EXAMINATION OF THE FEASIBILITY OF
INSTALLING A HEAT RECOVERY INCINERATOR AS PART OF HUD'S MODULAR
INTEGRATED UTILITY SYSTEM PROGRAM. FEA WILL INFORM STATE AND LOCAL
GOVERNMENTS ABOUT WAYS THEY MAY REDUCE THESE BARRIERS TO IMPLEMENTATION
OF ECONOMICALLY FEASIBLE ENERGY RECOVERY. THE FACT THAT IT IS BECOMING
FEASIBLE IS DEMONSTRATED BY A NUMBER OF RESOURCE RECOVERY FACILITIES
THAT HAVE NOT REQUIRED ANY FEDERAL ASSISTANCE. UNION ELECTRIC IS
PLANNING TO EXPAND ITS DEMONSTRATION PROJECT INTO A FULLY OPERATIONAL,
PRIVATELY FUNDED 8,000 TON-A-DAY OPERATION. THE CITY OF MILWAUKEE.
WISCONSIN HAS SIGNED A CONTRACT WITH A PRIVATE COMPANY TO BUILD A
RESOURCE RECOVERY PLANT. THERE ARE OTHER EXAMPLES THAT COULD BE ADDED,
AND THE LIST IS INCREASING.
FEA'S SOLID WASTE EFFORTS DIFFER SIGNIFICANTLY FROM THE PROGRAMS OF
EPA, ERDA, AND THE BUREAU OF MINES IN THAT WE ARE NOT INVOLVED IN
DEVELOPINGNEW TECHNOLOGIES AND HARDWARE AND THUS HAVE NO RESEARCH AND
DEVELOPMENT PROGRAM. RATHER, THE FEA EFFORT CENTERS ON STUDYING THE
WNSTITUTIONAL AND FINANCIAL BARRIERS WHICH ARE A SIGNIFICANT HANDICAP TO
THE RECOVERY OF ENERGY AND RESOURCES.
ONCE THE INSTITUTIONAL BARRIERS ARE DELINEATED MORE FULLY, POLICIES
TO ENCOURAGE THE OVERCOMING OF THESE BARRIERS WILL BE FORMULATED. THIS
WE SEE AS FEA'S ROLE IN THE SOLID WASTE AREA AS ONE OF EXPEDITING
COMMERCIALIZATION. THE TECHNOLOGY AND HARDWARE DEVELOPMENT PROBLEMS ARE
BEST LEFT WITH OTHER AGENCIES. IN THIS WAY, WE FEEL FEA'S EFFORT WILL
COMPLEMENT THE EFFORTS OF EFFORTS OF OTHER AGENCIES IN THE SOLID WASTE
AREA.
THE FEDERAL OUTLOOK
WITH AMERICA'S ENERGY DEMAND INCREASING, MUNICIPAL SOLID WASTES ARE
POTENTIALLY A GOOD SOURCE OF ENERGY IN BOTH THE SHORT OR ONG TERMS DUE
TO EXISTING COLLECTION SYSTEMS, LACK OF ALTERNATIVE USES FOR MSW, THE
LOCATION OF MANY LANDFILLS NEAR LARGE USERS OF ENERGY, AND STRONG
CITIZEN OPINIONS IN FAVOR OF UTILIZING SOLID WASTES. IMPLEMENTING
ENERGY AND RESOURCE RECOVERY PROJECTS SHOULD BE BASICALLY A STATE AND
LOCAL RESPONSIBILITY.
IN CONCLUSION, ORGANIC WASTES CAN SUPPLY NEEDED ENERGY WITH CURRENTLY
AVAILABLE TECHNOLOGY. AN EFFECTIVE PROGRAM TO USE MSW REQUIRES THE
ACTIVE COOPERATION OF STATE AND LOCAL GOVERNMENTS ALONG WITH THE
PARTICIPATION OF PRIVATE INDUSTRY. FEA WILL ENDEAVOR TO INFORM STATE
AND LOCAL AUTHORITIES ABOUT WAYS THEY MAY REDUCE THE INSTITUTIONAL
BARRIERS WHICH LIMIT THE USE OF MSW AND ABOUT WAYS THEY MAY ENCOURAGE
THE IMPLEMENTATION OF ECONOMICALLY FEASIBLE ENERGY RECOVERY.
SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 760000, REPORT NUMBER 94-1461, PART 2, 760901
STATEMENT OF FREEMAN J K
PART 049 OF 50
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
110777
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
HON. BARRY M. GOLDWATER, JR.
THIS LEGISLATION REPRESENTS A MAJOR MILESTONE IN THE CONTINUING
CONGRESSIONAL EFFORTS TO FORGE AN EFFECTIVE COORDINATION OF OUR NATION'S
ENERGY AND ENVIRONMENTAL R&D PROGRAMS. AS THE COMMITTEE VIEW IN THIS
REPORT DISCUSSES, PARAGRAPH 204(B)(2), OF H.R. 14965 SPECIFIES A
STATUTORY MECHANISM FOR THE COORDINATION OF THE ACTIVITIES OF THE ENERGY
RESEARCH AND DEVELOPMENT ADMINISTRATION AND THE ENVIRONMENTAL PROTECTION
AGENCY AND DELINEATES THE RESPECTIVE RESPONSIBILITIES OF THE TWO
AGENCIES IN SOLID WASTE DISPOSAL R. D& D. THESE PROVISIONS EFFECTIVELY
CODIFY AND EXPAND A MAY 7, 1976 AGREEMENT BY THE TWO AGENCIES. THIS
SECTION IS VIRTUALLY IDENTICAL TO A PROVISION INCLUDED IN THE SENATE'S
ERDA AUTHORIZATION BILL FOR FISCAL YEAR 1977 IN A SECTION AUTHORIZING
LOAN GUARANTEES FOR COMMERCIAL DEMONSTRATIONS OF SIMILAR TYPES OF
TECHNOLOGY. TOGETHER, THEN, THE TWO SECTIONS, IF ENACTED, WILL PROVIDE
A SINGLE, UNIFORM STATUTORY SCHEME FOR THE COORDINATION OF A-L OF ERDA'S
AND EPA'S RESEARCH, DEVELOPMENT AND DEMONSTRATION PROJECTS IN SOLID
WASTE DISPOSAL.
IMPORTANTLY, THE PROVISIONS IN SECTION 4(B) ALSO REPRESENT AGREEMENTS
BY BOTH THE CHAIRMEN OF THE SENATE COMMITTEES WITH JURISDICTION OVER
SUCH PROJECTS AND THE LEADERSHIPS OF THIS COMMITTEE'S RESPONSIBLE
SUBCOMMITTEES, THE SUBCOMMITTEE ON ENVRIONMENT AND ATMOSPHERE AND THE
SUBCOMMITTEE ON ENERGY RESEARCH, DEVELOPMENT AND DEMONSTRATION. THE
PROVISIONS ALSO ARE DIRECTLY RESPONSIVE TO THE RECENT RECOMMENDATION OF
THE HOUSE COMMITTEE ON GOVERNMEMT OPERATIONS IN ITS JUNE 30, 1976
REPORT, "SOLID WASTE MATERIALS AND ENERGY RECOVERY," THAT CONGRESS
CONSIDER LEGISLATION DIRECTING SUCH ERDA AND EPA COORDINATION. THE
SECTION, THEREBY, ENCOMPASSES THE FULL SPECTRUM OF CONGRESSIONAL AND
EXECUTIVE BRANCH RESPONSIBILITY FOR THE TIMELY DEVELOPMENT OF ADVANCED
SOLID WASTE DISPOSAL TECHNOLOGY FOR THE NATION.
WE WISH TO NOTE, AS THE CHAIRMAN AND RANKING MINORITY MEMBER OF THE
ENERGY RESEARCH, DEVELOPMENT AND DEMONSTRATION SUBCOMMITTEE, THAT THIS
MILESTONE IS A DIRECT RESULT OF THE GREAT SPIRIT OF COMPROMISE AND
COOPERATION WITH WHICH SUBCOMMITTEE CHAIRMAN GEORGE E. BROWN, JR.
FASHIONED THIS LEGISLATION. WE WANT TO COMMEND HIM FOR HIS INITIATIVE
AND TO EXPRESS RESPECT FOR HIS FAITHFULNESS TO SUCH A POSITIVE APPROACH
TO THE LEGISLATIVE PROCESS IN THIS COMMITTEE.
WE WOULD ONLY ADD ONE FINAL COMMENT ON THE COORDINATION ISSUE. THE
COMMITTEE VIEW ENDS BY FORCEFULLY STATING THE COMMITTEE'S DESIRE THAT
THE AGENCIES IMPLEMENT THESE PROVISIONS IN GOOD FAITH AND EFFECTIVELY
ACHIEVE THE INTENDED COORDINATION AND THE COMMITTEE'S INTENTION TO
CLOSELY OVERSEE THAT IMPLEMENTATION. THE TWO SUBCOMMITTEES AND OUR FULL
COMMITTEE HAVE SPENT A GREAT DEAL OF TIME AND EFFORT IN THIS CONGRESS IN
ADDRESSING THE COORDINATION OF ERDA AND EPA R&D PROGRAMS. THERE HAS
BEEN PROGRESS, AS EVIDENCED BY THE INTERAGENCY AGREEMENT ON SOLID WASTE
DISPOSAL R&D AND THE SECTION IN THIS BILL.
96-IFC SOLID 31 WASTE
RESEARCH AND HAZARDOUS WASTE DEVELOPMENT ACT DISPOSAL REPORT OF TOGETHER 760000, WITH REPORT ADDITIONAL NUMBER AND 94-1461, PART SEPARATE VIEWS 2,
760901 790900
STATEMENT OF 790000 FREEMAN
ADDITIONAL J K VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 050 OF 50
PART 001 OF 88
TEAGUE O E CONGRESSMAN
MCCORMACK M CONGRESSMAN
GOLDWATER B M CONGRESSMAN
FREEMAN J K DEPUTY ASSISTANT ADMINISTRATOR
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
94TH CONGRESS, 2ND SESSION U.S. HOUSE OF REPRESENTATIVES
FEDERAL ENERGY ADMINISTRATION ENERGY RESOURCE DEVELOPMENT
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110778
110778
REPORT STUDY
COMMENT GOVERNMENT
CORRESPONDENCE
HOUSE
REPORT STUDY
TRANSCRIPT
HOUSE
THE TIME HAS NOW ARRIVED FOR ERDA AND EPA TO ACHIEVE THE INTENDED
COORDINATION ACROSS THE BOARD IN THEIR R&D PROGRAMS WITHOUT ANY FURTHER
CONGRESSIONAL ACTION. THE TIME IS NOW FOR THE TWO AGENCIES TO JOINTLY
ATTACK THE MANY COMPLEX AND DIFFICULT ENERGY AND ENVIRONMENTAL PROBLEMS
WHICH THE
NATION TITLE FACES TODAY PAGE OMITTED AND FOR THE FORESEEABLE FUTURC.
WE EXPECT THAT THAT JOINT ATTACK WILL BE MOUNTED IN CARRYING OUT FY
1977 PROGRAMS, AND IN PREPARING AND PRESENTING THE FY 1978 PROGRAM
REQUESTS. OUR FY 77 OVERSIGHT AND FY 78 AUTHORIZATION HEARINGS WILL
PROVIDE AN OPPORTUNITY FOR THE AGENCIES TO DEMONSTRATE THEIR JOINT
COORDINATED EFFORTS AND WE WILL BE FULLY EXPECTING THAT RESULT.
MIKE MCCORMACK.
BARRY M. GOLDWATER, JR.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 002 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110779
REPORT STUDY
TRANSCRIPT
HOUSE
HARLEY O. STAGGERS, WEST VIRGINIA, CHAIRMAN
JOHN D. DINGELL, MICHIGAN
LIONEL VAN DEERLIN, CALIFORNIA
JOHN M. MURPHY, NEW YORK
DAVID E. SATTERFIELD III, VIRGINIA
BOB ECKHARDT, TEXAS
RICHARDSON PREYER, NORTH CAROLINA
JAMES H. SCHEUER, NEW YORK
RICHARD L. OTTINGER, NEW YORK
HENRY A. WAXMAN, CALIFORNIA
TIMOTHY E. WIRTH, COLORADO
PHILIP R. SHARP, INDIANA
JAMES J. FLORIO, NEW JERSEY
ANTHONY T. MOFFETT, CONNECTICUT
JIM SANTINI, NEVADA
ANDREW MAGUIRE, NEW JERSEY
MARTY RUSSO, ILLINOIS
EDWARD J. MARKEY MASSACHUSETTS
THOMAS A. LUKEN, OHIO
DOUG WALGREN, PENNSYLVANIA
ALBERT GORE, JR., TENNESSEE
BARBARA A. MIKULSKI, MARYLAND
RONALD M. MOTTL, OHIO
PHIL GRAMM, TEXAS
AL SWIFT, WASHINGTON
MICKEY LELAND, TEXAS
RICHARD C. SHELBY, ALABAMA
JAMES T. BROYHILL, NORTH CAROLINA
SAMUEL L. DEVINE, OHIO
TIM LEE CARTER, KENTUCKY
CLARENCE J. BROWN, OHIO
JAMES M. COLLINS, TEXAS
NORMAN F. LENT, NEW YORK
EDWARD R. MADIGAN, ILLINOIS
CARLOS J. MOORHEAD, CALIFORNIA
MATTHEW J. RINALDO, NEW JERSEY
DAVE STOCKMAN, MICHIGAN
MARC L. MARKS, PENNSYLVANIA
TOM CORCORAN, ILLINOIS
GARY A. LEE, NEW YORK
TOM LOEFFLER, TEXAS
WILLIAM E. DANNEMEYER, CALIFORNIA
KENNETH J. PAINTER, ACTING CHIEF CLERK AND STAFF DIRECTOR
ELEANOR A, DINKINS, ASSISTANT CLERK
H. CLAIRE WHITNEY, MINORITY STAFF ASSISTANT
BOB ECKHARDT, TEXAS, CHAIRMAN
JIM SANTINI, NEVADA
ALBERT GORE, JR., TENNESSEE
PHILIP R. SHARP,INDIANA
ANTHONY T. MOFFETT, CONNECTICUT
ANDREW MAGUIRE, NEW JERSEY
MARTY RUSSO, ILLINOIS
DOUG WALGREN, PENNSYLVANIA
RONALD M. MOTTL, OHIO
MICKEY LELAND, TEXAS
TIMOTHY E. WIRTH, COLORADO
HARLEY O. STAGGERS, WEST VIRGINIA (EX OFFICIO)
NORMAN F. LENT, NEW YORK
MATTHEW J. RINALDO, NEW JERSEY
MARC L. MARKS, PENNSYLVANIA
TOM CORCORAN, ILLINOIS
WILLIAM E. DANNEMEYER, CALIFORNIA
JAMES T. BROYHILL, NORTH CAROLINA (EX OFFICIO)
MARK J. RAABE, STAFF DIRECTOR /CHIEF COUNSEL
PETER KINZLER, COUNSEL
DAVID NELSON, ECONOMIST.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 003 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110780
REPORT STUDY
TRANSCRIPT
HOUSE
HON. HARLEY O. STAGGERS, CHAIRMAN, COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE, WASNINGTON, D.C.
DEAR MR. CHAIRMAN: THE ATTACHED REPORT FOCUSES ON THE PROBLEM OF
HAZARDOUS WASTE DISPOSAL IN THE UNITED STATES. IT IS THE CULMINATION OF
A SERIES OF 13 DAYS OF HEARINGS HELD BY THE SUBCOMMITTEE ON THIS TOPIC.
TESTIMONY FROM A WIDE VARIETY OF WITNESSES HAS LED US TO THE CONCLUSION
THAT AZARDOUS WASTE DISPOSAL IS ONE OF THE MOST SERIOUS ENVIRONMENTAL
PROBLEMS FACED BY THIS COUNTRY TODAY.
INADEQUATE DISPOSAL OF HUNDREDS OF BILLIONS OF POUNDS OF HAZARDOUS
WASTE AT BOTH ACTIVE AND INACTIVE SITES POSES SEVERE THREATS TO MAN AND
THE ENVIRONMENT. MILLIONS OF PEOPLE ARE EXPOSED TO TOXIC MATERIALS
LEAKING FROM THESE SITES. EVIDENCE PRESENTED TO THE SU0COMMITTEE
INDICATES THAT PEOPLE LIVING NEAR DISPOSAL SITES MAY FACE NOT ONLY
IMMEDIATE ADVERSE HEALTH EFFECTS, BUT THE POTENTIAL FOR HIGHER RISK OF
DISEASE IN THE FUTURE.
THE SUBCOMMITTEE IS VERY CONCERNED OVER THE FAILURE OF THE
ENVIRONMENTAL PROTECTION AGENCY (EPA), INDUSTRY AND THE CONGRESS TO MEET
THE CHALLENGE PRESENTED BY HAZARDOUS WASTE DISPOSAL. EPA HAS FAILED TO
MEET STATUTORY DEADLINES FOR REGULATIONS ON DISPOSAL OF HAZARDOUS
WASTES; HAS FAILED TO DETERMINE THE LOCATION OF ALL HAZARDOUS WASTES;
HAS FAILED TO DETERMINE THE LOCATION OF ALL HAZARDOUS WASTE SITES; AND
HAS NOT TAKEN VIGOROUS ENFORCEMENT ACTIONS. INDUSTRY HAS, IN MANY
CASES, CONTINUED INADEQUATE DISPOSAL PRACTICES LONG AFTER THEY HAD
KNOWLEDGE THAT THESE PRACTICES WERE RESULTING IN WATER AND LAND
CONTAMINATION. AND THE CONGRESS HAS ALLOCATED FAR TOO FEW FUNDS TO DEAL
EFFECTIVELY WITH A PROBLEM OF THIS MAGNITUDE.
THE REPORT REVIEWS EPA'S LONG-AWAITED PROPOSED REGULATIONS AND FINDS
THEM LACKING. RECOMMENDATIONS ARE MADE WHICH WE BELIEVE WILL IMPROVE
THE REGULATIONS AND THE ACT ITSELF TO PROVIDE AN ADEQUATE REGULATORY
SCHEME AND ADEQUATE FUNDS TO CLEAN UP DANGEROUS EXISTING SITES TO ASSURE
THE SAFETY OF THE AMERICAN PEOPLE AND THE ENVIRONMENT.
IN CLOSING, I WOULD LIKE TO COMMEND THE SUBCOMMITTEE STAFF FOR ITS
DEDICATION AND HARD WORK DURING THE COURSE OF THIS LENGTHY, INQUIRY. IN
ADDITION TO MR. LESTER BROWN, WHO PLAYED THE KEY ROLE, TOGETHER WITH
THOSE LISTED ON THE OPPOSITE PAGE, I WOULD LIKE TO EXPRESS APPRECIATION
TO MINORITY STAFF DIRECTOR GENE TURNER, SPECIAL ASSISTANT BEN SMETHURST,
RESEARCH ASSISTAND D. ANN SEYFRIT, FORMER SUBCOMMITTEE STAFF MEMBER, RAY
COLE, AND THE SUPPORT STAFF.
SINCERELY,
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 004 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110781
REPORT STUDY
TRANSCRIPT
HOUSE
BLANK PAGE OMITTED.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 005 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110782
REPORT STUDY
TRANSCRIPT
HOUSE
TABLE OF CONTENTS OMITTED.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 006 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110783
REPORT STUDY
TRANSCRIPT
HOUSE
/1/ 43 FR 58947 (DEC. 18, 1978). IN ITS PROPOSED REGULATIONS TO
IMPLEMENT THE HAZARDOUS WASTE DISPOSAL PROVISIONS OF THE RESOURCE
RECOVERY AND CONSERVATION ACT. EPA ESTIMATED THAT 35 MILLION METRIC
TONS PER YEAR OF HAZARDOUS WASTE WILL BE SUBJECT TO REGULATION. THAT
FIGURE IS TRANSLATED INTO POUNDS BY MULTIPLYING BY 2204, THEREBY
YIELDING AN ESTIMATE OF 77,140,000,000 POUNDS OF HAZARDOUS WASTE
PRODUCED EACH YEAR.
/2/ 43 FR 58947 (DEC. 18, 1978).
"I BELIEVE THAT IT IS PROBABLY THE FIRST OR SECOND MOST SERIOUS
ENVIRONMENTAL PROBLEM IN THE COUNTRY. ONE OF THE DIFFICULTIES IS THAT
WE REALLY DO NOT KNOW WHAT THE DIMENSIONS OF THEPROBLEM ARE.
ESSENTIALLY, THERE IS VERY LITTLE DOWNSIDE RISK TO ANYBODY WHO ILLEGALLY
DISPOSES OF CHEMICALS IN SUCH A WAY AS TO BE HARMFUL TO THE PUBLIC
HEALTH.
WE DO NOT KNOW WHERE THE MILLIONS OF TONS OF STUFF IS GOING. WE FEEL
THAT THE THINGS THAT HAVE TURNED UP LIKE THE LOVE CANAL AND KIN-BUC
SITUATION ARE SIMPLY THE TIP OF THE ICEBERG. WE DO NOT HAVE THE
CAPACITY AT THIS TIME REALLY TO FIND OUT WHAT IS ACTUALLY HAPPENING. IN
MY VIEW, IT IS SIMPLY A WIDE OPEN SITUATION. LIKE THE WILD WEST WAS IN
THE 1870'S FOR TOXIC DISPOSAL.
TE PUBLIC IS BASICALLY UNPROTECTED. THERE JUST ARE NOT ANY LAWMEN
OUT THERE, STATE OR FEDERAL, POLICING THIS SUBJECT."
JAMES MOORMAN. ASSISTANT ATTORNEY GENERAL FOR LAND AND NATURAL
RESOURCES. U.S. DEPARTMENT OF JUSTICE, IN TESTIMONY BEFORE THE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, MAY 16, 1979.
THE HAZARDOUS WASTE DISPOSAL PROBLEM CANNOT BE OVERSTATED. THE
ENVIRONMENTAL PROTECTION AGNECY (EPA) HAS ESTIMATED THAT 77,140,000,0U0
POUNDS OF HAZARDOUS WASTE ARE GENERATED EACH YEAR, BUT ONLY 10 PERCENT
OF THAT AMOUT IS DISPOSED OF IN AN ENVIRONMENTAL SOUND MANNER. /1/
TODAY, THERE ARE SOME 30,000 HAZARDOUS WASTE DISPOSAL SITES IN THE
UNITED STATES. /2/ BECAUSE OF YEARS OF INADEQUATE DISPOSAL PRACTICES
AND THE ABSENCE OF REGULATION, HUNDREDS AND PERHAPS THOUSANDS OF THESE
SITES NOW POSE AN IMMINENT HAZARD TO MAN AND THE ENVIRONMENT. OUR
COUNTRY PRESENTLY LACKS AN ADEQUATE PROGRAM TO DETERMINE WHERE THESE
SITES ARE; TO CLEAN UP UNSAFE ACTIVE AND INACTIVE SITES; AND TO
PROVIDE SUFFICIENT FACILITIES FOR THE SAFE DISPOSAL OF HAZARDOUS WASTES
IN THE FUTURE.
RECOGNITION OF THE MAGNITUDE OF THE HAZARDOUS WASTE DISPOSAL PROBLEM
HAS ONLY RECENTLY COME TO THIS SUBCOMMITTEE'S ATTENTION. THE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS BEGAN ITS INQUIRY INTO
UNSOUND HAZARDOUS WASTE DISPOSAL PRACTICES IN THE 95TH CONGRESS. ON
OCTOBER 30, 1978, THE SUBCOMMITTEE BEGAN A SERIES OF 13 DAYS OF
HEARINGS. WE HEARD FROM REPRESENTATIVES OF THE STATES OF NEW YORK, NEW
JERSEY, PENNSYLVANIA, MARYLAND, TEXAS, MICHIGAN, COLORADO, CALIFORNIA
AND KENTUCKY.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 007 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110784
REPORT STUDY
TRANSCRIPT
HOUSE
WE ANALYZED THE HAZARDOUS WASTE PROBLEMS IN THOSE STATES AND, IN
ADDITION, WE INVESTIGATED SPECIFIC WASTE DISPOSAL PROBLEMS IN TENNESSEE,
MONTANA, IDAHO, FLORIDA AND LOUISIANA. WE ALSO RECEIVED TESTIMONY FROM
PRIVATE CITIZENS, REPRESENTATIVES OF LOCAL GOVERNMENTS, DISPOSAL
CORPORATIONS, PRIVATE WASTE GENERATORS, THE GENERAL ACCOUNTING OFFICE,
EPA AND THE JUSTICE DEPARTMENT. NEARLY A HUNDRED WITNESSES APPEARED
BEFORE THE SUBCOMMITTEE, CONTRIBUTING TO A HEARING TRANSCRIPT THAT
EXCEEDS 1800 PAGES.
ADDITIONALLY, IN THE COURSE OF ITS INVESTIGATION, THE SUBCOMMITTEE
HAS REVIEWED THOUSANDS OF DOCUMENTS OBTAINED FROM THE SECURITIES AND
EXCHANGE COMMISSION (SEC) CONCERNING THE DISPOSAL PRACTICES OF
OCCIDENTAL PETROLEUM, INC.'S CHEMICAL MANUFACTURING DIVISION, INCLUDING
HOOKER CHEMICAL COMPANY.
FURTHERMORE, IN JUNE OF THIS YEAR THE SUBCOMMITTEE ISSUED A
QUESTIONNAIRE TO THE 53 LARGEST DOMESTIC CHEMICAL PRODUCERS CONCERNING
THEIR HAZARDOUS WASTE DISPOSAL PRACTICES FOR THE PAST THIRTY YEARS. IN
RESPONSE, THE SUBCOMMITTEE HAS RECEIVED INFORMATION ON THE DISPOSAL
PRACTICES OF APPROXIMATELY 1600 MANUFACTURING FACILITIES EMBRACING
INFORMATION CONCERNING SEVERAL THOUSAND SITES WHERE HAZARDOUS WASTE HAS
BEEN DISPOSED.
WE HAVE INVESTIGATED ENVIRONMENTAL CONTAMINATION RESULTING FROM
DISPOSAL SITES IN ALL AREAS OF THE COUNTRY: FROM THE LOVE CANAL IN NEW
YORK TO THE VALLEY OF THE DRUMS IN SHEPARDSVILLE, KENTUCKY, TO LATHROP,
CALIFORNIA. WE HAVE FOUND THAT MASSIVE QUANTITIES OF CHEMICAL AND
PESTICIDE WASTE CONTAMINANTS AS WELL AS OTHER TOXIC MATERIALS ARE
LEAKING OUT OF DISPOSAL SITES OR "NON-SITES" WHERE WASTE HAS BEEN
ILLEGALLY DUMPED IN OPEN FIELDS, SWAMPS, AND VACANT LOTS. IT ALSO HAS
BEEN SPREAD ON ROADS AS A DANGEROUS INGREDIENT OF ROAD OIL. IN SUM, THE
SUBCOMMITTEE FINDS THATPROPER DISPOSAL OF HAZARDOUS MATERIALS IS THE
EXCEPTION, RATHER THAN THE RULE.
FEDERAL AND STATE EFFORTS TO CONTROL DISPOSAL OF HAZARDOUS WASTES ARE
TOTALLY INADEQUATE. WITH ADOPTION OF THE RESOURCE CONSERVATION AND
RECOVERY ACT (RCRA) IN THE FALL OF 1976, CONGRESS ESTABLISHED FOR THE
FIRST TIME A FEDERAL PROGRAM TO REGULATE THE DISPOSAL OF HAZARDOUS
WASTES. WHILE THE CONGRESS MAY HAVE BEEN UNREALISTIC IN GIVING EPA ONLY
18 MONTHS TO DEVELOP NATIONAL STANDARDS FOR THE PROPER DISPOSAL OF THESE
WASTES, THERE CAN BE NO EXCUSE FOR EPA'S FAILURE TO PROMULGATE
REGLATIONS IN THE NEARLY THREE YEARS SINCE THE STATUTE WAS ENACTED. EPA
ALSO HAS FAILED TO CONDUCT A COMPREHENSIVE SEARCH FOR HAZARDOUS WASTE
SITES AND TO PURSUE ENFORCEMENT ACTIONS VIGOROUSLY.
IT MUST ALSO BE SAID THAT INDUSTRY HAS SHOWN LAXITY, NOT INFREQUENTLY
TO THE POINT OF CRIMINAL NEGLIGENCE, IN SOILING THE LAND AND
ADULTERATING THE WATERS WITH ITS TOXINS. AND IT CANNOT BE DENIED THAT
CONGRESS HAS SHOWN LETHARGY IN LEGISLATING CONTROLS AND APPROPRIATING
FUNDS FOR THEIR ENFORCEMENT.
AS A RESULT, EVEN AN EXTRAORDINARY EFFORT, COMMENCED IMMEIDATELY,
CANNOT ACHIEVE ADEQUATE PROTECTION FOR THE AMERICAN PUBLIC FOR YEARS TO
COME. IN THE INTERIM, IT IS OUF DUTY--THAT IS, THE GOVERNMENT'S
DUTY--TO SOUND A ARNING.THAT IS UAT YOUR SUBCOMMITTEE IS DOING HERE. WE
ALSO ARE RECOMMENDING HOW PROTECTION FOR THE AMERICAN PUBLIC AGAINST
THESE CHEMICAL AND BIOLOGICAL HAZARDS CAN ULTIMATELY BE ACHIEVED.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 008 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110785
REPORT STUDY
TRANSCRIPT
HOUSE
ALTHOUGH MAJOR IMPROVEMENTS IN EPA'S ADMINISTRATION OF RCRA WILL
PROVIDE GREATER PROTECTION AGAINST THE IMPROPER DISPOSAL OF HAZARDOUS
WASTES, THE PROBLEM IS FAR LARGER THAN THAT ACT ANTICIPATED. FUNDS MUST
BE PROVIDED TO LCEAN UP DANGEROUS SITES AND THE FEDERAL GOVERNMENT MUST
PROMOTE THE DEVELOPMENT OF ENVIRONMENTALLY SAFE DISPOSAL AND TREATMENT
FACILITIES, AS WELL AS SAFER AND CHEAPER METHODS OF INCINERATING,
RECYCLING AND REPROCESSING HAZARDOUS WASTES.
THIS REPORT EXPLORES THE RANGE AND SERIOUSNESS OF THE HAZARDOUS WASTE
PROBLEM BY DISCUSSING IN DETAIL TE PROBLEMS WE FOUND AT MANY SITES, AS
WELL AS SOME OF THE PROBLEMS E FOUND WITH IMPROPER RECYCLING. IT ALSO
DISCUSSES THE SHORTCOMINGS OF RCRA AND OF EPA'S ENFORCEMENT OF RCRA, AND
THEN OFFERS SOME SUGGESTIONS FOR IMPROVING THE IMPLEMENTATION OF RCRA
AND FOR APPENDING THE ACT TO INSURE THAT ALL HAZARDOUS WASTE DANGERS ARE
ADDRESSED.
(A) COMMON CHARACTERISTICS OF DUMP SITES THE SUBCOMMITTEE
INVESTIGATION OF OVER ONE DOZEN HAZARDOUS WASTE DISPOSAL PROBLEMS
REVEALED FOUR CHARACTERISTICS THAT WERE COMMON TO MOST OF THE SITES:
(A) THE SITES CONTAIN LARGE QUANTITIES OF HAZARDOUS WASTE:
HOOKER CHEMICAL'S THREE DISPOSAL SITES IN THE NIAGARA FALLS NEW YORK
AREA CONTAIN AN ESTIMATED 352 MILLION POUNDS OF INDUSTRIAL CHEMICAL
WASTE, INCLUDING TCP (WHICH IS OFTEN CONTAMINATED WITH ONE OF THE MOST
TOXIC SUBSTANCES KNOWN TO MAN, DIOXIN) AND LINDANE, A HIGHLY TOXIC
PESTICIDE PRODUCT.
OCCIDENTAL CHEMICAL COMPANY'S SITE AT LATHROP, CALIFORNIA, DISCHARTED
THOUSANDS OF GALLONS OF PESTICIDE FORMULATION WASTES INTO THE GROUND ON
THE COMPANY SITE.
HOOKER DUMPED MILLIONS OF POUNDS OF HAZARDOUS WASTES IN THE LOCAL
MUNICIPAL DUMPS ON LONG ISLAND, NEW YORK.
THE VALLEY OF THE DRUMS IN SHEPARDSVILLE, KENTUCKY, CONTAINS OVER
17,000 BARRELS OF HAZARDOUS WASTES.
THE CHEMICAL CONTROL SITE IN ELIZABETH, NEW JERSEY, CONTAINED OVER
40,000 BARRELS OF HAZARDOUS WASTES. AT LEAST 100 POUNDS OF PICRIC ACID,
A POWERFUL EXPLOSIVE, ALSO WAS FOUND STORED ON THE SITE.
(2) UNSAFE DESIGN AND DISPOSAL METHODS ARE WIDESPREAD:
AT THE S-AREA SITE IN NIAGARA FALLS, DRUMS OF LIQUID HAZARDOUS WASTES
WERE ROLLED INTO TRENCHES AND TANK WAGONS WERE DISCHARGED DIRECTLY INTO
PITS AT A SITE COMPOSED OF RECLAIMED LAND. SAMPLES OF SEDIMENT FROM A
WATEF TREATMENT PLANT ONLY A FEW HUNDRED FEET FROM THE SITE SUGGEST THAT
CHEMICALS FROM THE DUMP SITE HAVE ENTERED THE WATER SUPPLY.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 009 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110786
REPORT STUDY
TRANSCRIPT
HOUSE
A SIMILAR DISPOSAL METHOD AT THE HARDEMAN COUNTY, TENNESSEE SITE
RESULTED IN THE CONTAMINATION OF WELL WATER.
AT THE VALLEY OF THE DRUMS, THOUSANDS OF BARRELS WERE STACKED
ILLEGALLY IN THE HAULER'S BACKYARD. THESE DRUMS ARE IN A SERIOUSLY
DETERIORATING STATE, AND SOME HAVE ALREADY BURST AND SPILLED THEIR
CONTENTS ON THE GROUND.
AT HOOKER'S MONTAGUE, MICHIGAN SITE, BARRELS OF HAZARDOUS WASTE WERE
OFTEN DUMPED OFF THE BACKS OF TRUCKS AND BACKED OPEN BY MEN ARMED WITH
AXES. THE NATURE OF THE AREA AFFORDS NO GEOLOGICAL PROTECTION AGAINST
THE WASTES REACHING LOCAL GROUNDWATER.
AT THE ELIZABETH, NEW JERSEY SITE, TENS OF THOUSANDS OF BARRELS OF
HIGHLY TOCIX, EXPLOSIVE AND FLAMMABLE MATERIALS ARE UNSAFELY "STORED"
WITHIN A FEW FEET OF THE COMPANY'S WASTE INCINERATOR, WITHIN A FEW FEET
OF A LOCAL ROAD AND A RAILROAD RIGT OF WAY AND WITHIN ONE QUARTER MILE
OF HUGE LIQUIFIED NATURAL GAS AND PROPANE STORAGE TANKS.
AT LATHROP, CALIFORNIA, PESTICIDE FORMULATION WASTE PRODUCTS PLACED
IN LAGOONS WERE ALLOWED TO PERCOLATE INTO THE EXTREMELY PERMEABLE SOIL,
THREATENING THE AREA'S DRINKING AND IRRIGATION WATER.
IN DENVER, COLORADO, RADIOACTIVE WASTE PRODUCTS FROM OLD RADIUM
INDUSTRY OPERATIONS HAVE BEEN DISCOVERED THROUGHOUT THE DENVER AREA.
IN CENTRAL FLORIDA, HUNDREDS OF HOMES WERE BUILT ON LAND COVERED WITH
WASTE CONTAINING RADIUM AND THORIUM FROM OLD PHOSPHATE OPEFATIONS;
UNHEALTHY LEVELS OF RADON GAS HAVE BEEN FOUND IN HUNDREDS OF HOMES.
AT THE LOVE CANAL, THE SAFETY OF CLAY-LAND LANDFILLS FOR DISPOSAL OF
HIGHLY TXIC ORGANIC WASTE HAS BEEN QUESTIONED.
WASTE OIL CONTAMINATED WITH TOXIC CHEMICALS WAS LAID ON 9 ROADS IN
EAST TEXAS DUE TO THE NEGLIGENCE OF THE WASTE DISPOSAL COMPANY.
(3) THE DANGER TO THE ENVIRONMENT IS SUBSTANTIAL:
CONTAMINATED GROUNDWATER HAS RENDERED UNUSABLE TE LOCAL WATER
SUPPLIES IN MONTAGUE, MICHIGAN; LATHROP, CALIFORNIA; PARTS OF TWO
COUNTIES ON LONG ISLAND, INCLUDING THE TOWNS OF BETHPAGE, AND GLENN
COVE; AND AROUND THE DUMP SITE IN HARDEMAN COUNTY, TENNESSEE.
LEACHATE FROM THE S-AREA DUMP THREATENS THE PRINCIPAL WATER SUPPLY OF
THE CITY OF NIAGARA FALLS.
TWO HUNDRED THIRTY FAMILIES HAVE BEEN EVACUATED FROM THE LOVE CANAL
AND THE PROPERTY VALUES OF THE ENTIRE NEIGBORHOOD HAVE BEEN RENDERED
NEGLIGIBLE.
(4) MANY SITES POSE MAJOR HEALTH HAZARDS:
THE LOVE CANAL HEALTH DATA SHOWS ELEVATED MISCARRIAGE AND BIRTH
DEFECT RATES; EVIDENCE SUGGEST MANY OTHER HEALTH EFFECTS, THE NATURE
AND EXTENT OF WHICH ARE IN DISPUTE.
EXCESSIVE RADIATION LEVELS IN DENVER, COLORADO, AND CENTRAL FLORIDA
POSE SERIOUS RISKS OF LATENT CANCERS AND GENETIC DAMAGE. FOR EXAMPLE,
EPA HAS ESTIMATED THAT THE FLORIDA AREA RESIDENTS' RISK OF CONTRACTING
LUNG CANCER IS 35 PERCENT ABOVE AVERAGE.
THE STATE OF NEW JERSEY HAS ESTIMATED THA A FIRE OR EXPLOSION AT THE
CHEMICAL CONTROL SITE COULD PRODUCE A TOXIC CLOUD OF CHEMICALS THAT
COULD THREATEN HUNDREDS OF THOUSANDS OF PEOPLE IN THE NEW YORK
METROPOLITAN AREA.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 010 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110787
REPORT STUDY
TRANSCRIPT
HOUSE
(B) INADEQUATE STATE AND LOCAL RESPONSE TO THREATS TO PUBLIC HEALTH
FROM HAZARDOUS WASTE DISPOSAL:
THE BOARD OF EDUCATION OF NIAGARA FALLS PERMITTED A PUBLIC SCHOOL TO
BE BUILT ON TOP OF THE LOVE CANAL SITE AND LOCAL OFFICIALS PERMITTED A
RESIDENTIAL SUBDIVISION TO 0E BUILT ADJACENT TO THE SITE.
THE NEW YORK STATE HEALTH DEPARTMENT HAS FAILED TO ASSURE RESIDENTS
OF THE LOVECANAL THAT THE PUBLIC HEALTH IS BEING ADEQUATELY PROTECTED.
THE ORANGE DISTRICT OFFICE OF THE TEXAS DEPARTMENT OF WATER RESOURCES
DID NOT PERFORM AN ADEQUATE INVESTIGATION OF CONTAMINATED ROAD OIL
DUMPED IN EAST TEXAS AND, THEREFORE, FAILED TO DISCOVER A POTENTIAL
PUBLIC HEALTH PROBLEM UNTIL AFTER ANY DAMAGE WAS ALREADY DONE.
(C) THE FAILURE TO PROPERLY DISPOSE OF HAZARDOUS WASTE IS COSTING THE
PUBLIC MILLIONS AND THE COST OF CLEANUP IS FAR MORE EXPENSIVE THAN
PROPER DISPOSAL IN THE FIRST PLACE:
AN EPA REPORT ESTIMATED THAT IT WILL COST BETWEEN $13.1 AND $22.1
BILLION TO CLEAN UP ALL HAZARDOUS WASTE THAT POSE A DANGER TO PUBLIC
HEALTH AND THE ENVIRONMENT.
CLEANUP COSTS AT THE LOVE CANAL HAVE ALREADY EXCEEDED $27 MILLION AND
AREA RESIDENTS ARE SEEKING MORE THAN $2 BILLION FOR PERSONAL INJURY AND
PROPERTY DAMAGE. IT IS ESTIMATED THATA PROPERLY SECURED DISPOSAL SITE
WOULD HAVE COST ONLY $4 MILLION (IN 1979 DOLLARS) IN 1952 WHEN THE SITE
WAS CLOSED.
THE STATE OF MICHIGAN HAS ESTIMATED THE COST OF CLEANING UP THE
MONTAGUE SITE AT $100 MILLION.
THE STATE OF NEW JERSEY HAS ESTIMATED THE COST OF CLEANING UP
CHEMICAL CONTROL AT $10 MILLION.
EPA ESTIMATES IT WILL COST UP TO $2.9 MILLION FOR REMEDIAL WORK TO
ELIMINATE THE DANGER OF PHOSPHATE SLAG IN FLORIDA.
THE COLORADO HEALTH DEPARTMENT SAYS THAT CLEANING UP THE RADIUM IN
DENVER COULD COST UP TO $25 MILLION.
SHOULD THE CONTAINMENT EFFORTS AT THE S-AREA IN NIAGARA FALLS AND ON
LONG ISLAND FAIL, THE COST OF BUILDING ALTERNATIVE WATER SUPPLY SYSTEMS
WOULD BE ASTRONOMICAL.
(D) SPECIAL PROBLEMS WITH CERTAIN KINDS OF DUMP SITES:
ABANDONED SITES--THOSE WHERE NO OWNER CAN BE FOUND OR WHERE THE OWNER
CANNOT AFFORD THE COST OF CLEAN UP--HAVE FORCED STATE AND LOCAL
GOVERNMENTS TO BEAR THE COSTS.
ON-SITE FACILITIES--THOSE OWNED AND OPERATED BY THE GENERATORS OF THE
WASTE, EITHER ON THE PLANT SITE OR ELSEWHERE--POSE SERIOUS PROBLEMS
BECAUSE STATE REGULATION OF THEM HISTORICALLY HAS BEEN MINIMAL. THE
SUBCOMMITTEE'S SURVEY OF THE 53 LARGEST DOMESTIC CHEMICAL MANUFACTURERS
REVEALED THAT 94% OF THEIR WASTES HAVE BEEN DISPOSED OF ON THE PLANT
SITE.
(E) LOCATING FUTURE SITES WILL BE DIFFICULT:
THENATION IS FACING A CRITICAL STORAGE OF SAFE DISPOSAL SITES FOR
HAZARDOUS WASTES WHICH WILL BE EXACERBATED AS HAZARDOUS WASTE PRODUCTION
INCREASES.
(1) THE STATE OF NEW JERSEY TESTIFIED THAT IT IS HAVING DIFFICULTY
FINDING AHOME FOR THE MORE THAN 40,000 BARRELS OF CHEMICALS AT THE
CHEMICAL CONTROL SITE.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 011 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110788
REPORT STUDY
TRANSCRIPT
HOUSE
THE STATE OFKENTUCKY HAS NOT YET LOCATED A SAFE HOME FOR THE 17,000
PARTIALLY BURIED DRUMS AT THE VALLEY OF THE DRUMS.
(3) THE COLORADO DEPARTMENT OF HEALTH IS HAVING DIFFICULTY FINDING A
DISPOSAL SITE FOR THE 70,000 CUBIC FEET OF RADIUM CONTAMINATED SOIL IN
DENVER.
PUBLIC OPPOSITION TO NEW SITES, CAUSED BY IMPROPER DISPOSAL IN THE
PAST, IS GROWING. UNTIL SUCH OPPOSITION CAN BE LESSENED BY
DEMONSTRATING THE HAZARDOUS WASTES CAN BE DISPOSED OF SAFELY, FUTURE
SITES MAY HAVE TO BE LOCATED ON FEDERAL AND STATE LANDS.
HAZARDOUS WASTE
(A) SUBTITLE C OF THE RESOURCE CONSERVATION AND RECOVERY ACT REQUIRES
EPA TO DEVISE STANDARDS FOR STATE MANAGEMENT OF HAZARDOUS WASTE
DISPOSAL. EPA IS REQUIRED TO PROMULGATE REGULATIONS TO:
(1) IDENTIFY AND LIST THE CHARACTERISTICS OF HAZARDOUS WASTE;
(2) REQUIRE GENERATORS (PRODUCERS) OF HAZARDOUS WASTE TO KEEP RECORDS
ON THEIR WASTES, LABEL CONTAINERS, AND INITIATE A MANIFEST TO SUPPLY
OTHERS IN THE WASTE DISPOSAL CHAIN WITH INFORMATION ON THE COMPOSITION
OF THE WASTE AND TO TRACE THE MOVEMENT OF THAT WASTE FROM THE GENERATOR
TO THE FINAL DISPOSAL SITE;
(3) SET STANDARDS FOR TRANSPORTERS OF WASTE;
(4) SET STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES; AND
(5) SET STANDARDS FOR ISSUING PERMITS TO ALL SUCH FACILITIES.
IN ADDITION, THE ACT AUTHORIZES EPA TO BRING SUIT TO FORCE THE CLEAN
UP OF A HAZARDOUS WASTE PROBLEM IF THE GENERATION, TRANSPORTATION,
STORAGE, DISPOSAL OR TREATMENT OF THE WASTE PRESENTS AN IMMINENT HAZARD
TO HEALTH OR THE ENVIRONMENT. FINALLY, THE ACT PROVIDES BOTH CIVIL AND
CRIMINAL PENALTIES FOR VIOLATIONS.
(B) EPA'S SLOW ENFORCEMENT OF THE HAZARDOUS WASTE PROVISIONS OF THE
RESOURCE CONSERVATION AND RECOVERY ACT HAS FRUSTRATED EFFECTIVE ACTION.
(1) DESPITE EPA'S OWN ESTIMATED THAT 77.1 BILLION POUNDS OF HAZARDOUS
WASTE ARE PRODUCED EACH YEAR BUT ONLY 10 PERCENT ARE DISPOSED OF IN AN
ENVIRONMENTALLY SOUND MANNER, EPA HAS FAILED TO CONDUCT A COMPREHENSIVE
INVENTORY OF THE LOCATION AND CONTENT OF ALL PLACES WHERE HAZARDOUS
WASTE HAS BEEN DISPOSED;
(2) ALTHOUGH THE CONGRESSIONAL DEADLINE OF 18 MONTHS FOR EPA
PROMULGATION OF REGULATIONS MAY HAVE BEEN UNDULY SHORT, THERE IS NO
EXCUSE FOR NOT HAVING THE REGULATIONS PROMULGATED BY NOW, THREE YEARS
LATER. THIS DELAY APPAFENTLY STEMS FROM EPA'S FAILURE TO RECOGNIZE THE
IMPORTANCE OF THE PROBLEM AND REQUEST THE NECESSARY STAFF AND RESOURCES
TO MEET THE DEADLINES. EPA REQUESTED FAR LESS THAN THE AUTHORIZED
CEILINGS FOR FISCAL 1978 AND 1979 AND THEN AFTER THE CONGRESS
APPROPRIATED MORE THAN THEY REQUESTED, EPA FAILED TO SPEND WHAT THE
CONGRESS HAD APPROPRIATED;
(3) EPA HAS PROPOSED INADEQUATE REGULATIONS:
THE PROPOSED REGULATIONS DO NOT REQUIRE TESTING FOR FOUR OF THE EIGHT
CHARACTERISTICS OFHAZARDOUS WASTE; USE A PROCEDURE FOR TESTING FOR
TOXICITY THAT DOES NOT ADEQUATELY SIMULATE REAL WORLD CONDITIONS; AND
FAIL TO LIST AS HAZARDOUS A NUMBER OF KNOWN CARCINOGENS.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 012 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110789
REPORT STUDY
TRANSCRIPT
HOUSE
THE PROPOSED REGULATIONS WRONGFULLY EXEMPT SOME GENERATORS OF HIGHLY
DANGEROUS HAZARDOUS WASTES SIMPLY BECAUSE THE QUANTITY OF WASTES
DISPOSED IS NOT LARGE AND DO NOT ADEQUATELY REGULATE THE USE OF RECYCLED
WASTES;
THE PROPOSED REGULATIONS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
TREATMENT, STORAGE, AND DISPOSAL FACILITIES ARE NOT FLEXIBLE ENOUGH TO
PERMIT THE CONTINUED USE OF IMPORTANT SMALL, SINGLE WASTE OR SPECIAL
PURPOSE FACILITIES; WOULD ALLOW MIGRATION OF WASTES FROM SITES AND STOP
THE MONITORING OF THEM LONG BEFORE THE END OF THE WASTES' TOXICITY; AND
REQUIRE INSUFFICIENT COMPREHENSIVE MONITORING FOR LEACHATE AND
GROUNDWATER CONTAMINATION AND:
THE PROPOSED REGULATIONS WOULD PERMIT TEH GRANTING OF INTERIM PERMITS
TO SITES THAT ARE FAR BELOW THE MINIMUM SAFETY LEVEL; AND
(4) EPA'S FAILURE TO PROMULGATE REGULATIONS IN A TIMELY FASHION IS
DELAYING STATE PROGRAMS, AS STATES ARE RELUCTANT TO ACT FOR FEAR THAT
THEY WILL HAVE TO ACT A SECOND TIME LATER TO COMPLY WITH AS YET UNKNOWN
FEDERAL STANDARDS. THE RESULTING STATE INACTION PERPETUATES THE WEAKEST
LINK PROBLEM AS WASTE IS DISPOSED OF IN THE STATESWITH LEAST RESTRICTIVE
LAWS.
(C) DEFICIENCIES IN RCRA HAVE LEFT IMPORTANT REGULATORY GAPS.
(1) THE ACT IS PROSPECTIVE AND APPLIES TO PAST SITES ONLY TO THE
EXTENT THAT THEY ARE POSING AN IMMIN4NT HAZARD. EVEN THERE, THE ACT IS
OF NO HELP IF A FINANCIALLY RESPONSIBLE OWNER OF THE SITE CANNOT BE
LOCATED.
(2) RCRA DOES NOT AUTHORIZE EPA AND THE DEPARTMENT OF JUSTICE TO
SUBPOENA DOCUMENTS OR PERSONS SUSPECTED OF ILLEGAL OR INADEQUATE
HAZARDOUS WASTE DISPOSAL PRACTICES.
(3) RCRA DOES NOT REQUIRE PEOPLE TO REVEAL THE EXISTENCE AND MONITOR
POSSIBLE POLLUTION FROM INACTIVE WASTE DISPOSAL SITES.
(4) RCRA PROVIDES INADEQUATE FUNDS FOR STATE HAZARDOUS WASTE
PROGRAMS. IF RCRA'S OBJECTIVE OF STATE MANAGEMENT OF HAZARSOUS WASTE
DISPOSAL IS TO BECOME A REALITY, A SURE SOURCE OF FUNDSMUST BE PROVIDED
TO COVER THE COST OF THAT REGULATION.
1. EPA SHOULD:
(A) TAKE ALL STEPS NECESSARY TO PROMULGATE HAZARDOUS WASTE DISPOSAL
REGULATIONS AT THE EARLIEST POSSIBLE DATE. THEIR PROMULGATION IS THE
KEY TO ENFORCEMENT OF RCRA AND FURTHER DELAY CANNOT BE TOLERATED.
(B) CONDUCT AN INVENTORY OF ALL HAZARDOUS WASTE DISPOSAL SITES, SO
THAT PROPER REGULATORY AND ENFORCEMENT PRIORITIES CAN BE ESTABLISHED.
(C) IMPROVE ITS PROPOSED REGULATIONS.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 013 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110790
REPORT STUDY
TRANSCRIPT
HOUSE
(1) THE REGULATIONS FOR IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
SHOULD BE REVISED TO REQUIRE THAT GENERATORS TEST FOR ALL EIGHT
CHARACTERISTICS OF HAZARDOUS WASTE; TO DEVISE A BETTER MEANS OF TESTING
FOR TOXICITY; AND TO INCLUDE A MORE COMPREHENSIVE LIST OF TOXIC WASTES
AS HAZARDOUS;
(2) THE STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE SHOULD
BE AMENDED TO ELIMINATE THE EXEMPTION BASED MERELY UPON THE QUANTITY OF
WASTE DISPOSED, RATHER THAN UPON THEIR DEGREE OF TOXICITY; AND THE
MANIFEST SYSTEM PROPOSED SHOULD BE STRENGTHENED TO ASSURE THAT ALL
WASTES DISPOSED OF CAN BE TRACED TO THEIR ORIGINAL OWNER, THAT
TRANS-SHIPPERS KEEP A DAILY LOG OF ALL MATERIALS CONTAINED IN THEIR
TANKS, AND THAT THE MANIFEST SYSTEM FOR RECYCLED MATERIALS NOT STOP
BEFORE THE POINT OF FINAL DISPOSAL; AND
(3) THE STANDARDS APPLICABLE TO OWNERS AND OPERATORS OF HAZARDOUS
WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES SHOULD BE REVISED SO
THAT THE REQUIREMENTS FOR DISPOSAL SITE CONSTRUCTION, MANAGEMENT,
MONITORING, CLOSURE, AND POST-CLOSURE CARE ARE BASED UPON THE DEGREE OF
HAZARD PRESENTED BY THE QUALITY AND QUANTITY OF THE WASTES AND THE
COMPOSITION OF THE SITE AND ITS LOCATION VIS-A-VIS THE SURROUNDING
POPULATION AND THE GROUNDWATER.
2. LEGISLATION SHOULD BE ENACTED TO:
(A) AMEND RCRA TO GIVE EPA AND THE JUSTICE DEPARTMENT SUBPOENA
AUTHORITY.
(B) INCREASE FUNDING FOR ENFORCEMENT OF RCRA BY EPA AND THE JUSTICE
DEPARTMENT, AND TO PROVIDE GRANTS TO STATE ATTORNEYS GENERAL FOR
ENFORCEMENT OF RCRA.
(C) CREATE THE POST OF ASSISTANT ADMINISTRATOR FOR LAND AND HAZARDOUS
MATERIALS TO PLACE THE LAND PROGRAM ON THE SAME FOOTING WITH THE AIR AND
WATER PROGRAMS.
(D) CREATE AN EMERGENCY ACTION FUND TO PAY FOR THE CLEANUP OF
EXISTING SITES-- INCLUDING ABANDONED SITES--THAT POSE A DANGER TO HEALTH
OR THE ENVIRONMENT. THE FUND COULD BE ESTABLISHED EITHER WITH GENERAL
TAX REVENUES OR A COMBINATION OF TAX REVENUES AND AN INDUSTRY-BASED FEE
SYSTEM. IN EITHER EVENT, THE FUND SHOULD BE REIMBURSED BY THE PERSONS
WHO DID THE HARM IN THE FIRST PLACE.
(E) AMEND RCRA TO ESTABLISH REQUIREMENTS FOR INACTIVE HAZARDOUS WASTE
DISPOSAL SITES.
(F) ESTABLISH A FEE SYSTEM COLLECTED FROM THE GENERATORS OF HAZARDOUS
WASTE FOR STATE ADMINISTRATION OF HAZARDOUS WASTE PROGRAMS AND FOR ANY
COSTS OF VIOLATIONS OF RCRA THAT ARE NOT PAID BECAUSE OF THE FINANCIAL
INABILITY OF THE RESPONSIBLE PERSON.
(G) ESTABLISH STRICT LIABILITY FOR GENERATORS FOR DAMAGES CAUSED BY
HAZARDOUS WASTES UNTIL THE WASTES ARE NO LONGER HAZARDOUS.
(H) STRENGTHEN THE CRIMINAL PENALTIES SECTION OF RCRA TO PERMIT
IMPRISONMENT UP TO5 YEARS FOR A FIRST VIOLATION OF RCRA AND UP TO 10
YEARS FOR A SECOND VIOLATION. IN ADDITION RCRA SHOULD BE AMENDED TO
HOLD THE RESPONSIBLE CORPORATE OFFICIALS WHO KNEW OF ILLEGAL ACTIVITIES
OR HAD REASON TO KNOW OF THEM LIABLE FOR THEIR ACTIONS AND THE ACTIONS
OF THEIR EMPLOYEES.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 014 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110791
REPORT STUDY
TRANSCRIPT
HOUSE
WASTES
DURING THE COURSE OF THE SUBCOMMITTEE'S INVESTIGATION, WE EXAMINED
OVER ONE DOZEN HAZARDOUS WASTE DISPOSAL SITE PROBLEMS IN DETAIL. FOUR
CHARACTERISTICS WERE COMMON TO MOST SITES EXAMINED: LARGE QUANTITIES OF
HAZARDOUS WASTE; UNSAFE DESIGNS AND/OR DISPOSAL METHODS; ENVIRONMENTAL
DANGER; AND SERIOUS ACTUAL AND/OR POTENTIAL THREATS TO THE PUBLIC
HEALTH. ONE OR MORE OF THE SITES ALSO CALLED ATTENTION TO A VARIETY OF
OTHER PROBLEMS SURROUNDING THE ISSUE OF HAZARDOUS WASTE DISPOSAL.
WASTE
SEVERAL OF THESE PROBLEMSITES CONTAINED LARGE AMOUNTS OF WASTES WHICH
POSE A MAJOR THREAT TO THE ENVIRONMENT BY THEIR NATURE. MUCH OF THESE
WASTES ARE HIGHLY TOXIC, FLAMMABLE EXPLOSIVE AND CORROSIVE.
THE THREE DISPOSAL SITES OF HOOKER CHEMICAL IN THE NIAGARA FALLS, NEW
YORK AREA EXAMINED IN DETAIL BY THE SUBCOMMITTEE CONTAIN AN ESTIMATED
352MILLION POUNDS OF INDUSTRIAL CHEMICAL WASTE. INCLUDED IN THE LOVE
CANAL PORTION OF THIS FIGURE IS APPROXIMATELY 460,000 POUNDS OF
TRICHLOROPHENOL (TCP) WHICH IS OFTEN CONTAMINATED WITH ONE OF THE MOST
TOXIC SUBSTANCES KNOWN TO MAN--DIOXIN; AND OVER 13 MILLION POUNDS OF
BCH/HEXACHLOROCYCLOHEXANE (ALSO KNOWN AS LINDANE), A HIGHLY TOXIC
PESTICIDE PRODUCT DUMPED IN THE LOVE CANAL.
THE ESTIMATE FOR HOOKERS' HYDE PARK SITE INCLUDES 6,600,000 POUNDS OF
TCP; 400,000 POUNDS OF THE HIGHLY TOXIC CHEMICAL DECHLORENE, ALSO KNOWN
AS THE INSECTICIDE MIREX; 9 MILLION POUNDS OF C-56 DERIVATIVES, HIGHLY
TOXIC CHEMICALS WHICH FORM THE BASIS OF KEPONE AND OTHER INSECTICIDE
PRODUCTS; AND OTHER CHEMICAL PRODUCTS CONTAINING LARGE CONCENTRATIONS
OF CHLORENE AND BENZENE.
HOOKER'S S-AREA SITE AND A SMALL DUMP ADJACENT TO IT CONTAIN AN
ESTIMATED 148,800,000 POUNDS OF INDUSTRIAL CHEMICAL WASTES, INCLUDING 37
MILLION POUNDS OF C-56; AND OVER 36 MILLION POUNDS OF CHLOROBENZENE
WASTE PRODUCTS.
MASSIVE QUANTITIES OF PESTICIDE WASTES CONSTITUTE THE PRINCIPAL
PROBLEM AT THE HOOKER SITE IN MONTAGUE, MICHIGAN, AND THE OCCIDENTAL
CHEMICAL COMPANY SITE AT LATHROP, CALIFORNIA. MONTAGUE CONTAINS AN
ESTIMATED 250,000 CUBIC YARDS OF CHEMICALS AND OTHER INDUSTRIAL WASTES.
AMONG THE COMPOUNDS DUMPED WERE 23,000 CUBIC YARDS OF C-56, AS WELL AS
MIREX, KEPONE, AND TCDD (DIOXIN).
OCCIDENTAL CHEMICAL COMPANY RECORDS INDICATED THAT THOUSANDS OF
GALLONS OF PESTICIDE FORMULATION WASTE CONTAINING LIQUIDS AND OTHER
WASTE PRODUCTS WERE DISCHARGED INTO THE GROUND ON THE COMPANY'S LATHROP
SITE. THESE MATERIALS INCLUDED DIBROMO-3-CHLOROPROPANE (DBCP) WASTE AND
ETHYLENE DIBROMIDE (EBD) AND CARBON TETRACHLORIDE.
HOOKER DID NOT DUMP WASTES EXCLUSIVELY ON PRIVATE PROPERTY.
DOCUMENTS CONCERNING THAT COMPANY'S FACILITY IN HICKSVILLE, NEW YORK,
INDICATE THAT THIS ONE MANUFACTURING FACILITY ALONE SENT 800,000 POUNDS
OF SOLID AND LIQUID WASTE TO LOCAL MUNICIPAL DUMPS.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 015 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110792
REPORT STUDY
TRANSCRIPT
HOUSE
/3/ TESTIMONY OF ELLIOT LYNCH BEFORE THE SUBCOMMITTE ON OVERSIGHT AND
INVESTIGATIONS, MARCH 22, 1979, AT P. 12 OF THE TRANSCRIPT.
UNFORTUNATELY HOOKER'S WASTE IS ONLY A PART OF THE HAZARDOUS WASTE
DUMPED IN PUBLICLY AND PRIVATELY OWNED DISPOSAL SITES ON LONG ISLAND.
WASTE DEPOSITED IN DRUMS ARE A PROBLEM AT MANY SITES. AT THE
HARDEMAN COUNTY, TENNESSEE, LANDFILL, AN ESTIMATED 300,000 FIFTY-FIVE
GALLON DRUMS OF PESTICIDE AND OTHER CHEMICAL WASTES HAVE BEEN DUMPED.
THE "VALLEY OF THE DRUMS" IN SHEPARDSVILLE, KENTUCKY, CONTAINS OVER
17,000 BARRELS OF WASTE OF UNDETERMINED TOXICITY, EXPLOSIVITY, AND
FLAMMABILITY THAT WERE SIMPLY ILELGALLY DUMPED IN THE HAULER'S BACKYARD.
IN ADDITION, AN UNDETERMINED AMOUNT OF WASTE MATERIAL WAS DUMPED
DIRECTLY INTO THE GROUND. SOME OF THE MATERIALS FOUND ON-SITE TO DATE
INCLUDE: AKLYL AROMATICS, KETONES, MANY ALCOHOLS, ORGANIC ACIDS, AND
HEAVY METALS.
THE CHEMICAL CONTRO L SITE IN ELIZABETH, NEW JERSEY, CONTAINS OVER
40,000 BARRELS OF HAZARDOUS WASTC. THE BARRELS ARE PILED UP TO HEIGHTS
OF TWENTY FEET OR MORE. THE STATE OF NEW JERSEY REPORT THAT IT HAS ONLY
ANALYZED THE CONTENTS OF A SMALL PERCENT OF THE BARRELS AT THE SITE. TO
DATE, HOWEVER, IT HAS FOUND LARGE AMOUNTS OF BENZENE, CYANIDES, AND
NITRO COMPOUNDS. IT ALSO FOUND, BUT HAS SINCE REMOVED SOME 100 POUNDS
OF PICRIC ACID, WHICH IS A MORE POWERFUL EXPLOSIVE THAN TNT.
WIDESPREAD
ALL OF THE SITES REVIEWED BY THE SUBCOMMITTEE HAD MAJOR DESIGN
DEFICIENCIES. INDEED, VIRTUALLY ALL WOULD BE CONSIDERED UNSAFE WHEN
EPA'S PROPOSED SECTION 3004 STANDARDS ARE APPLIED. THE FOLLOWING CASE
STUDIES ILLUSTRATE THE UNSAFE DISPOSAL PRACTICES USED MORE GENERALLY BY
DISPOSERS.
AT THE S-AREA SITE IN NIAGARA FALLS, NEW YORK, MATERIALS WERE DUMPED
IN AN AREA WHICH WAS COMPOSED OF LAND RECLAIMED FROM THE RIVER. THE
LAND IS VERY POROUS. MR. ELLIOT LYNCH, ACTING CHIEF OPERATOR AND
BCHEMIST FOR THE NIAGARA COUNTY WATER DISTRICT, AN EYEWITNESS TO THE
DISPOSAL OF THE HAZARDOUS MATERIALS, DESCRIBED THE METHOD OF DISPOSAL IN
THE FOLLOWING MANNER:
IN 1958 I BEGAN TAKING PICTURES OF THIS CONSTRUCTION AS WELL AS OF
THE HOOKER LANDFILL AREA NEXT TO THE CITY PROPERTY.
PHOTOGRAPHS SHOW THE DISPOSAL AREA, 55-GALLON CONTAINERS, TANK
TRUCKS, AND IN ONE INSTANCE, A RAILRAOD TANK CAR. A SERIES OF PARALLEL
TRENCHES WERE DUG, 55-GALLON DRUMS LINED UP ON THE CREST OF THE
TRENCHES, PUNCTURED IN SOME INSTANCES, AND ROLLED INTO THE TRENCHES AND
COVERED. TANK WAGONS WOULD BE DISCHARGE DIRECTLY INTO THE PITS AND THE
AFFLUENT THEN COVERED. /3/
THE SITE WAS ALSO LOCATED ONLY A FEW HUNDRED FEET FROM A WATER
TREATMENT PLANT, THE PRINCIPAL SOURCE OF WATER FOR A CITY OF OVER
100,000 PEOPLE. SAMPLES OF SEDIMENT FROM THE INTAKE TUNNELS OF THE
PLANT SUGGEST THAT CHEMICALS FROM THE DUMP SITE HAVE ENTERED THE WATER
SUPPLY. A SIMILAR DISPOSAL METHOD WAS USED AT THE HARDEMAN COUNTY,
TENNESSEE, SITE AND RESULTED IN THE CONTAMINATION OF THE WELL WATER IN
THE SURROUNDING AREA.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 016 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110793
REPORT STUDY
TRANSCRIPT
HOUSE
IN AT LEAST THREE LOCATIONS, SHEPARDSVILLE, KENTUCKY, MONTAGUE,
MICHIGAN, AND ELIZABETH, NEW JERSEY, THOUSANDS OF BARRELS WERE MERELY
STACKED ON SITE WITH LITTLE OR NO PRECAUTIONS AGAINST POSSIBLE
DISASTERS. THE VALLEY OF THE DRUMS SITE AT SHEPARDSVILLE, KENTUCKY, IS
AN ILLEGAL DISPOSAL SITE COVERING SOME 23 ACRES. T. A. TAYLOR, FORMER
OWNER AND OPERATOR OF THE SITE, STACKED THOUSANDS OF BARRELS OF
HAZARDOUS MATERIALS IN DRUMS AT THE SITE; AND MADE NO ATTEMPT TO
PREVENT SITE CONTENTS FROM POLLUTING LOCAL SURFACE WATERS. THOUSANDS OF
DRUMS NOW IN A DETERIORATING STATE REMAIN STACKED ON THE PROPERTY. MANY
OF THESE DRUMS HVE SWOLLEN BY INTERNAL PRESSURE AND MANY HAVE BURST,
SPILLING THEIR CONTENTS ON THE GROUND.
LITTLE CARE WAS TAKEN TO DISPOSE OF THE HAZARDOUS MATERIALS AT THE
MONTAGUE SITE IN AN ENVIRONMENTALLY SOUND MANNER. BARRELS OF HAZARDOUS
MATERIALS WERE OFTEN DUMPED OFF THE BACK OF TRUCKS ONTO THE GROUND AND
HACKED OPEN BY MEN ARMED WITH AXES. THIS PRACTICE ASSURED THAT A
MAJORITY OF THE DRUMS' CONTENTS WOULD SPILL OUT INTO THE GROUND AND BE
ABSORBED INTO THE SOIL.
THE MONTAGUE DISPOSAL SITE IS LOCATEDON TOP OF A HILL ABOVE A LAKE.
THE LOCAL DRINKING WATER WAS OBTAINED FROM THE GROUNDWATER TABLE LESS
THAN 100 FEET BELOW THE SITE. THERE ARE NO MATERIALS, ACCORDING TO
GEOLOGICAL REPRTS, BETWEEN THE SURFACE AND THE WATER TABLE WHICH WOULD
STOP THE DOWNWARD FLOW OF THE TOXIC CHEMICALS DUMPED. IN ADDITION, THIS
WATER TABLE RECHARGES INTO THE LOCAL FRESH WATER LAKE WHICH, IN TURN,
FEEDS INTO LAKE MICHIGAN.
CONSULTANT STUDIES PERFORMED FOR HOOKER INDICATE THAT THE EXISTENCE
OF ABANDONED DISPOSAL WELLS IN THE DUMP AREA ALSO MAY HAVE PROVIDED A
DIRECT PATHWAY FOR THE WASTE FROM THE SURFACE INTO THE AQUIFER (A
GEOLOGICAL FORMATION THAT YIELDED USABLE QUANTITIES OF GROUNDWATER TO
THE WELLS).
IN THE CASE OF ELIZABETH, NEW JERSEY, TENS OF THOUSANDS OF BARRELS OF
HIGLY TOXIC, EXPLOSIVE, AND FLAMMABLE MATERIALS WERE "STORED" ON THIS
SITE, SOME WITHIN A FEW FEET OF CHEMICAL CONTROL'S WASTE INCINERATOR.
NO EFFORT WAS M-DE TO KEEP AN INVENTORY OF THE MATERIALS STORED, AND IN
SOME CASES HIGHLY, EXPLOSIVE MATERIALS WERE PLACED IN UNSAFE AREAS; FOR
EXAMPLE, A LOFT IN A WAREHOUSE BUILDING ON-SITE.
DRUMS WERE STACKED WITHIN A FEW FEET OF A LOCAL ROAD AND A RAILROAD
RIGHT-OF-WAY. MOREOVER, THE FACILITY IS LOCATED WITHIN ONE QUARTER OF A
MILE OF HUGE LIQUIFIED NATURAL GAS AND PROPANE STORAGE TANKS WHICH COULD
BE SERIOUSLY JEOPARDIZED BY A FIRE OR EXPLOSION AT THE CHEMICAL CONTROL
SITE.
AT LATHROP, CALIFORNIA, PESTICIDE FORMULATION WASTE PRODUCTS WERE,
ACCORDING TO INTERNAL OCCIDENTAL MEMOS, PLACED IN LAGOONS WHERE TONS OF
WASTE WATER WERE ALLOWED TO PERCOLATE INTO THE GROUND. ONCE AGAIN, THE
AREA USED TO DISPOSE OF THISMATERIAL IS COMPOSED OF EXTREMELY PERMEABLE
SOIL. ADDITIONALLY, THE MAJOR SOURCE OF AREA DRINKING AND IRRIGATION
WATER IS THE SHALLOW WATER TABLE INTO WHICH 5 TONS OF PESTICIDES A YEAR
WAS ALLOWED TO PERCOLATE.
BOTH THE HYDEPARK, NEW YORK SITE AND THE ABAONDONED SITE AT THE
STRINGFELLOW QUARRY IN RIVERSIDE, CALIFORNIA, WERE SUBJECT TO FLOODING
DURING TIMES OF HEAVY RAINFALL. IN THE CASE OF HYDE PARK, THE RUN-OFF
WOULD SPILL OVER INTO ADJACENT MANUFACTURING PLANTS ENDANGERING WORKERS
AND PERIDICALLY CAUSING A SHUTDOWN OF SOME PLANT OPERATIONS.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 017 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110794
REPORT STUDY
TRANSCRIPT
HOUSE
THE RUN-OFF DRAINS INTO BLOODY RUN CREEK WHICH FLOWS UNDER ONEPLANT
THROUGH A RESIDENTIAL NEIGHBORHOOD, UNDER NIAGARA UNIVERSITY AND INTO
THE NIAGARA RIVER NEAR LAKE ONTARIO. AT THE QUARRY, HEAVY RAINS
RESULTED IN OVERFLOW SENDING CONTAMINATED WATER INTO THE VALLEY BELOW.
PROBLEMS FROM DUMPING WHICH PROBABLY TOOK PLACE OVER 50 YEARS AGO ARE
NOW BECOMING EVIDENT IN THE CITY OF DENVER, COLORADO. RADIOACTIVE WASTE
PRODUCTS FROM OLD RADIUM INDUSTRY MINING AND MILLING OPERATIONS AVE BCEN
DISCOVERED IN BUILDINGS, UNDER BUILDINGS, IN ABADONED LO-S AND UNDLD
-TFEETS -ROUGOT THE DENVER AREA.
A SIMILAR SITUATION WAS EXAMINED IN CENTRAL FLORIDA. THOUSANDS OF
ACRES OF LAND ARE COVERED WITH WASTE FROM OLD PHOSPHATE MINING AND
MANUFACTURING OPERATIONS. IN THE PAST THE MINING AND MILLING OF
PHOSPHATES RESULTED IN SLAG WHICH CONTAINS SIGNIFICANT QUANTITIES OF
RADIOACTIVE WASTE MATERIALS SUCH AS RADIUM AND THORIUM. HUNDREDS OF
HOMES HAVE BEEN BUILT ON THESE RECLAIMED LANDS. NO EFFORT WAS MADE TO
COVER THE LOW-LEVEL RADIOACTIVE WASTE MATERIALS WITH SOIL TO INSULATE
THE HOMES FROM EXPOSURE TO THESE WASTES.
PERHAPS THE MOST SERIOUS IMPLICATION FOR FUTURE DISPOSAL PRACTICES
INVOLVES THE LOVE CANAL BECAUSE THAT DUMP SITE WAS ALLEDGED TO BE A
CLAY-LINED, CLAY-CAPPED VAULT NOT DISSIMILAR TO THE KIND OF LANDFILL
WHICH IS ENVISIONED UNDER SECTION 3004 OF THE PROPOSED EPA REGULATIONS.
THE CENTRAL QUESTION CONCERNS THE MIGRATION ROUTE OF CHEMICALS OUT
THE CANAL DUMP SITE. THE STATE BELIEVES THAT THE COMBINATION OF A CLAY
CAP WITH A LEACHATE COLLECTION SYSTEM WILL AT LEAST CONTAIN THE PROBLEM
ADEQUATELY. IF THE MIGRATION OF TOXICS OCCURRED PRIMARILY BECAUSE THE
DUMP SITE WAS IMPROPERLY SEALED AT THE TOP--AND CLEARLY IT WAS--THIS
STRATEGY SHOULD BE EFFECTIVE.
HOWEVER, THE SWALE OR WET AREA THEORY CASTS DOUBTS ON THIS STRATEGY.
THIS THEORY HOLDS THAT MATERIALS ALSO MAY HAVE MOVED THROUGH ABANDONED
STREAMBEDS, WHICH INTERSECT THE CANAL AND CRISSCROSS THE SURROUNDING
RESIDENTIAL NEIGHBORHOOD. IF TOXIC LEACHATE REACHED HOMES THROUGH
FISSURES IN THE CLAY WALLS OF THE CANAL AND THEN DOWN THE OLD STREAMBEDS
FILLED WITH LOOSELY PACKED MATERIALS THE EFFECTIVENESS OF THE COLLECTION
SYSTEM IS PROBLEMATIC. SOME SUPPORT FOR THE SWALE THEORY LIES IN THE
FACT THAT 75% OF SUMP PUMPS IN BASEMENTS IN WET AREAS WERE FOUND TO
CONTAIN LINDANE.
IT IS QUESTIONABLE WHETHER HIGHLY TOXIC ORGANIC MATERIALS WHICH ARE
RESISTANT TO BIODEGRADATION SHOULD BE PLACED IN LANDFILLS AT ALL,
PARTICULARLY WHERE THERE IS NOT EVEN AN ATTEMPT TO SOLIDIFY THE
POISONOUS LIQUIDS. SUCH MATERIALS ARE MUCH BETTER SUITED FOR DISPOSAL
BY INCINERATION.
WHILE NOT A DUMP SITE PROBLEM, THE DISPOSAL PRACTICE WHICH RESULTED
IN THE CONTAMINATION OF CERTAIN ROADS IN EAST TEXAS REQUIRES DISCUSSION.
WASTE OIL CONTAMINATED WITH TOXIC CHEMICALS, PRINCIPALLY NITROBENZENE,
WAS LAID DOWN ON NINE ROADS IN EAST TEXAS. THIS OIL ORIGINATED FRMTHE
BROWNING-FERRIS CHEMICAL SERVICES, INC. (BFI) TRANSFER FACILITY NEAR
NEDERLAND, TEXAS. THE PRACTICE DATES BACK TO AT LEAST 1977.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 018 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110795
REPORT STUDY
TRANSCRIPT
HOUSE
/4/ EPA'S REPORT TO CONGRESS ON WASTE DISPOSAL PRACTICES AND THEIR
EFFECTS ON GROUNDWATER (JANUARY 1977), AT P. 16.
THE COMPANY ACCEPTS FULL RESPONSIBILITY AND, TO ITS CREDIT, PROMPTLY
CONSENTED TO REMOVE THE CONTAMINATED SECTIONS OF EIGHT OF THOSE ROADS
UNDER ORDERS FROM THE TEXAS DEPARTMENT OF WATER RESOURCES.
BFI TESTIFIED THAT SUCH CONTAMINATION WAS ACCIDENTAL AND THE CARELESS
PRACTICES WHICH LED TO THE PROBLEMS HAVE BEEN ELIMINATED. HOWEVER,
DOCUMENTS OBTAINED UNDER SUBPOENA BY THE SUBCOMMITTEE SUGGEST, AT A
MINIMUM, A PATTERN OF NEGLIGENCE ON THE PART OF THE MANAGEMENT OF THE
NEDERLAND FACILITY PREVAILED THROUGH NOVEMBER 2, 1978.
THE LINE MANAGEMENT AT THE NEDERLAND FACILITY DENIED ANY KNOWLEDGE OF
HOW THE NITROBENZENE CONTAMINATED THE ROAL OIL. HOWEVER, THIS
MANAGEMENT PRESIDED OVER SUCH PRACTICES FOR AT LEAST TWO YEARS AND ALSO
PERMITTED HUDNREDS OF THOUSANDS OF GALLONS OF NITROBENZENE, BENZENE,
ANILINE TAR AND "WASTE OIL" TO BE SHIPPED INTO LOUISIANA ALLEGEDLY TO BE
USED AS INDUSTRIAL FUEL OIL WITHOUT EVEN THE MOST BASIC OF PRECAUTIONS,
THAT IS, SIGNED CONTRACTS. THEY ADMITTED TO NO KNOWLEDGE OF THE FINAL
DESTINATION OR USE OF THESE TOXICS, ALL OF WHICH THEY HAD OBTAINED UNDER
A CONTRACT WITH DUPONT WHICH CALLED FOR ENVIRONMENTALLY SOUND DISPOSAL.
FURTHER, A STUDY PREPARED BY THE SUBCOMMITTEE STAFF DOCUMENTED THE
IMMENSE ECONOMIC INCENTIVES FOR IMPROPER DISPOSAL. IN THE FACE OF THESE
INCENTIVES, A COMPREHENSIVE SYSTEM OF INTERNAL AND EXTERNAL CONTROLS IS
NECESSARY TO PREVENT SUCH OCCURRENCES. THE CONDITION OF THE BFI RECORDS
DELIVERED TO THIS SUBCOMMITTEE SUGGESTS THE ABSENCE OF EVEN PROPER
ACCOUNTING CONTROLS PRIOR TO NOVEMBER 1978.
IS SUBSTANTIAL
THE VOLUME AND TOXICITY OF THE MATERIALS DUMPED AT THESE SITES AND
THE INADEQUATE DISPOSAL METHODS USED HAVE RESULTED IN SIGNIFICANT
ENVIRONMENTAL DAMAGE ALREADY AND POSE ADDITIONAL THREATS FOR THE FUTURE.
THE MOST PERVASIVE DAMAGE DONE TO THE ENVIRONMENT AT THESE SITES HAS
BEEN THE CONTAMINATION OF GROUNDWATER. LOCAL WATER SUPPLIESHAVE BEEN
RENDERED UNUSABLE IN AREAS SURROUNDING THE DUMP SITES IN HARDEMAN
COUNTY, TENNESSEE; MONTAGUE, MICHIGAN; LATHROP, CALIFORNIA; AND PARTS
OF TWO COUNTIES ON LONG ISLAND INCLUDING THE TOWNS OF BETHPAGE AND GLEN
COVE, NEW YORK. AS NOTED EARLIER, LEACHATE FROM THE S-AREA DUMP
THREATENS THE PRINCIPAL WATER SUPPLY INTAKE SYSTEM FOR NIAGARA FALLS,
NEW YORK.
THE THREAT TO GROUNDWATER IS PARTICULARLY SERIOUS. ALMOST HALF THE
AMERICAN POPULATION RELIES ON GROUNDWATER FOR ITS DRINKING WATER SUPPLY.
FURTHER, ALMOST ONE-FIFTH OF AMERICA'S POPULATION RELIES ON GROUNDWATER
FROM INDIVIDUAL WELLS WITHOUT THE BENEFIT OF TREATMENT SYSTEMS. /4/
INASMUCH AS THESE WELLS ARE RARELY MONITORED, IT IS IMPOSSIBLE TO
DETERMINE WHEN HUMAN HEALTH IS THREATENED BY POLLUTED WATER UNTIL AFTER
ILLNESS DEVELOPS. GROUNDWATER IS ALSO VERY DIFFICULT TO CLEAN UP AFTER
IT HAS BEEN POLLUTED.
IN ADDITION, LOCAL SURFACE WATERS HAVE BEEN POLLUTED BY CONTAMINANTS
FROM THE SHEPARDSVILLE, KENTUCKY AND HYDE PARK, NEW YORK SITES, AS HAS
WHITE LAKE, A MAJOR RECREATIONAL FACILITY NEAR THE MONTAGUE, MICHIGAN
SITE.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 019 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110796
REPORT STUDY
TRANSCRIPT
HOUSE
DAMAGE TO LAND WAS ALSO FOUND TO BE EXTENSIVE. RESIDENTIAL
NEIGHBORHOODS IN NIAGARA FALLS, NEW YORK, AND POLK COUNTY, FLORIDA HAVE
BEEN ENDANGERED. PARTS OF DENVER AFE THREATENED AND THE CHEMICAL
CONTROL SITE IN ELIZABETH, NEW JERSEY CONTAINS THE POSSIBILITY OF
DISASTER FOR A PART OF THE LARGEST METROPOLITAN AREA IN THE U.S.
THE COLORADO RADIUM SITE STEMS FROM EXTENSIVE URANIUM MINING AND
PROCESSING IN COLORADO OVER THE LAST 100 YEARS. THE STATE IS FACED WITH
SOME 40 SITES CONTAINING VARIOUS DEGREES OF RADIUM CONTAMINATION IN THE
SOIL. THESE SITES, 30 OF WHICH ARE LOCATED IN AND AROUND DENVER,
INCLUDE NINE VACANT LOTS, TWO RAILROAD RIGHTS-OF-WAY, SIX COMMERCIAL
STRUCTURES, AND TEN COMBINATIONS OF LOT AND STRUCTURE SITUATIONS. THE
EXTENTOF THE PROBLEM IN COLORADO IS NOT YET CLEAR. FURTHER RADIOMETRIC
SURVEYS AND DRILLING TO DETERMINE THE LOCATION AND VOLUME OF RESIDUES
ARE BEING DONE. TO DATE, OVER 70,000 CUBIC YARDS OF CONTAMINATED
MATERIAL HAVE BEEN IDENTIFIED.
THE NATURE OF THE PROBLEM EXAMINED BY THE SUBCOMMITTEE IN FLORIDA IS
SIMILAR TO THAT IN COLORADO. THE SOURCE OF THE PROBLEM IN FLORIDA
DERIVES FROM THE OLD PROCESS OF PHOSPHATE MINING. OF THE
120,000-150,000 ACRES OF LAND THAT HAVE BEEN MINED SINCE 1900, SOME
50,000 ACRES HAVE BEEN RECLAIMED. PHOSPHATE SLAG IS OFTEN USED IN
BUILDING MATERIALS. BOTH THE RECLAIMED LAND AND THE SLAG HAVE HIGHER
THAN NORMAL LEVELS OF RADIATION DUE TO THE RADIOACTIVE RESIDUES IN THE
SLAG. THE RESIDUES EMIT RADON GASES WHICH CAN ACCUMULATE IN HOMES,
PARTICULARLY IN BASEMENTS WHERE VENTILATION IS POOR. TO DATC, SOME 4000
HOMES OCCUPIED BY APPROXIMATELY 14,000 PEOPLE IN POLK COUNTY, FLORIDA,
SIT ON RECLAIMED LAND.
THUS FAR, AT THE LOVE CANAL SITE, A PUBLIC SCHOOL HAS BEEN CLOSED AND
230 HOMES HAVE BEEN ABANDONED AT CONSIDERABLE COST TO THE STATE OF NEW
YORK. IF THE HEALTH DATA DEVELOPED BY DR. BEVERLY PAIGEN PROVES
CORRECT, AT LEAST ANOTHER 140 FAMILIES WILL HAVE TO BE EVACUATED AND
PERHAPS MANY MORE. AN ADJACENT PUBLIC HOUSING PROJECT IS THREATENED.
IN SHORT, THE PROPERTY VALUES OF AN ENTIRE SUBDIVISION HAVE BEEN
RENDERED NEGLIGIBLE.
ANOTHER NIAGARA FALLS SITE, HYDE PARK, ADJOINS THREE INDUSTRIAL
PLANTS. UNLESS THE REMEDIAL WORK UNDERTAKEN BY HOOKER CHEMICAL PROVES
SUCCESSFUL, THESE MANUFACTURING CONCERNS MAY BE FORCED TO ABANDON THEIR
PROPERTY.
IN THE ROAD OIL CASE, ALL OR PARTS OF EIGHT ROADS IN EAST TEXAS HAVE
BEEN ORDERED REMOVED BY THE TEXAS DEPARTMENT OF WATER RESOURCES. THE
EXTENT OF CONTAMINATION OF ADJACENT LAND AND WATER IS UNKNOWN. FURTHER,
THE FORMER MANAGEMENT OF BROWNING-FERRIS CHEMICAL SERVICES, INC.'S
TRANSFER STATION AT NEDERLAND, TEXAS, DENIED ANY KNOWLEDGE OF THE FINAL
DISPOSITION OF THE CONTAMINATED WASTE OIL, NITROBENZENE, BENZENE, AND
ANILENE TAR SUPPLIED TO SMALL WASTE OIL FIRMS DO MUCH OF THEIR BUSINESS
WITH ASPHALT CONTRACTORS IN LOUISIANA AND MISSISSIPPI, THUS IT IS
POSSIBLE THAT ROAD IN THOSE STATES MAY ALSO BE CONTAMINATED WITH TOXIC
SUBSTANCES.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 020 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110797
REPORT STUDY
TRANSCRIPT
HOUSE
PUBLIC HEALTH
NOT ONLY HAVE THE SITES INFLICTED MAJOR ENVIRONMENTAL DAMATE, BUT IN
SOME CASES, PEOPLE HAVE ALREADY BEEN INJURED BY SITE CONTENTENTS AND ARE
AT A HIGHER RISK OF DISEASE BECAUSE OF THEIR EXPOSURE TO SITE CONTENTS
OR MAY IN THE FUTURE SUFFER SIGNIFICANT ADVERSE HEALTH EFFECTS AS A
RESULT OF THE UNSAFE NATUREOF THESE SITES.
THE LOVE CANAL IS THE MOST WELLKNOWN OF THE PROBLEM SITES. THE
EXTENT OF THE DAMAGE TO THE PUBLIC HEALTH OF THE RESIDENTS OF THE
NEIGHBORHOOD CAUSED BY TOXICS EMANATING FROM THE LOVE CANAL IS STILL NOT
KNOWN. A MAJOR DISPUTE EXISTS BETWEEN THE SURVEY CONDUCTED BY DR.
BEVERLY PAIGEN OF THE ROSWELL CANCER INSTITUTE, A CONSULTANT TO THE LOVE
CANAL RESIDENTS, AND THAT PERFORMED BY THE NEW YORK STATE HEALTH
DEPARTMENT.
DR. PAIGEN'S STUDY OF THE HEALTH EFFECTS ON RESIDENTS OF THE AREA HAD
IMPORTANT METHODOLOGICAL LIMITS. FIRST, RESIDENTS OF THE AFFECTED
NEIGHBORHOOD WERE SURVEYED BY NON-PROFESSIONALS OVER THE TELEPHONE.
SECOND, GIVEN THE PREVAILING FEAR AND FALLING PROPERTY VALUES, MANY OF
THE RESIDENTS WISHED TO LEAVE THE AREA AND HAVE THEIR HOMES PURCHASED BY
THE STATE. THIRD, DR. PAIGEN DID NOT HAVE THE RESOURCES TO CONFIRM ALL
HEALTH CLAIMS WITH PHYSICIANS. ON THE OTHER HAND, DR. PAIGEN'S MAJOR
OBSERVED EFFECTS ARE NOT DIFFICULT ONES FOR PEOPLE TO EVALUATE. HER
FINDINGS WHICH ARE BASED ON A COMPARISON BETWEEN THE INCIDENCE OF
DISEASE FOUND IN HOMES LOCATED ATOP SWALES OR WET AREAS AND THOSE HOMES
IN THE SAME NEIGHBORHOOD WHICH WERE NOT LOCATED IN A SWALE AREA, ARE
DRAMATIC INDEED. THE MISCARIAGE RATES INCREASED TO 25 PERCENT FROM AN
AVERAGE OF 8.5 PERCENT AMONG WOMEN MOVING INTO THE LOVE CANAL AREA. SHE
FOUND A 20 PERCENT INCIDENCE OF BIRTH DEFECTS IN WET AREAS COMPARED TO 7
PERCENT IN DRY AREAS AND THE PROBLEM IS GETTING WORSE. OF THE 16
CHILDREN BORN IN WET AREAS FROM 1974 THROUGH 1978, 9 HAD BIRTH DEFECTS.
CENTRAL NERVOUS SYSTEMDISORDERS WERE COMMON. NERVOUS BREAKDOWNS
OCCURRED AMONG ADULTS LIVING IN WET AREAS AT THE RATE OF 9 PERCENT
COMPARED TO 2.2 PERCENT LIVING IN DRY AREAS TO THE SOUTH AND 0.7 PERCENT
IN DRY AREAS TO THE NORTH. IN THE LAST 10 YEARS, SIX SUICIDES OCCURRED
IN THE AREA (1.7 WOULD BE EXPECTED). ELEVEN OUT OF THIRTEENHYPERACTIVE
CHILDREN STUDIED LIVED IN WET AREAS. CONVULSIVE DISORDERS SUCH AS
EPILEPSY OCCURRED IN 1.9 PERCENT OF PERSONS LIVING IN WET AREAS COMPARED
TO 0.7 PERCENT IN DRY AREAS. DR. PAIGEN ALSO FOUND THE INCIDENCE OF
URINARY DISEASE AT 7 PERCENT IN WET AREAS VERSUS 2.5 PERCENT IN DRY
AREAS. RESPIRATORY PROBLEMS WERE ALSO SIGNIFICANT WITH ASTHMA UP 380
PERCENT IN WET AREAS OVER DRY AREAS.
DR. PAIGEN BELIEVES THAT THESEFINDINGS MAY UNDERSTATE THE PROBLEM FOR
THREE REASONS. FIRSTH, THE "CONTROL GROUP" OR COMPARISON POPULATION
STUDIED CONSISTED OF THOSE LOVE CANAL RESIDENTS LIVING IN DRY AREAS--AND
THUS POTENTIALLY EXPOSED TO SOME TOXIC FUMES--RATHER THAN PEOPLE WHO
LIVED IN AN ENVIRONMENT DEMONSTRABLY FREE OF THESE TOXIC EHMICALS.
SECOND, HER STUDY DID NOT EXAMINE THOSE RESIDENTS IN THE CLOSEST
PROXIMITY TO THE CANAL BECAUSE THEY HAD ALREADY BEEN EVACUATED BY THE
STATE. THIRD, SHE FOUND THOSE FAMILIES WHICH SUFFERED NO ILL EFFECTS
MORE WILLING TO PARTICIPATE THAN SOME WITH SEVERE HEALTH PROBLEMS.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 021 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110798
REPORT STUDY
TRANSCRIPT
HOUSE
/5/ TESTIMONY OF DR. BEVERLY PAIGEN BEFORE THE SUBCOMMITTEE ON
OVERSIGHT AND INVESTIGATIONS, MAR. 21, 1979, AT PP. 119-120 OF THE
TRANSCRIPT.
/6/ IT SHOULD BE REMEMBERED THAT THE STATE DID EVACUATE ALL PEOPLE
LIVING IN THE FIRST TWO RINGS SURROUNDING THE CANAL. THESE PEOPLE WERE
NOT PART OF THE PAIGEN STUDY AND SO ARE NOT PART OF THE DISPUTE BETWEEN
DR. PAIGEN AND THE STATE.
SHE ALSO FOUND EVIDENCE OF OTHER HEALTH PROBLEMS WHICH SHE COULD NOT
EVALUATE WITHIN THE LIMITS OF STATISTICAL SIGNIFICANCE.
DR. PAIGEN EXPANDED ON HER FINDINGS AS FOLLOWS:
ALL OF THIS EIDENCE IS STATISTICAL. IT IS IMPORTANT IN ESTABLISHING
THE MAGNITUDE OF THE PROBLEM, BUT IT DOES NOT CONVEY THE HUMAN
DIMENSIONS OF WHAT IS INVOLVED. FOR THATI WOULD LIKE TO TELL YOU
BRIEFLY ABOUT THE HISTORY OF ONE HOUSE IN A WET AREA.
THIS HOUSE IS RENTED, AND FOUR FAMILIES HAVE LIVED THERE DURING A
15-YEAR PERIOD. IN FAMILY NUMBER ONE, THE WIFE HAD A NERVOUS BREAKDOWN
AND A HYSTERECTOMY DUE TO UTERINE BLEEDING.
IN FAMILY NUMBER TWO, THE HUSBAND HAD A NERVOUS BREAKDOWN. THE WIFE
HAD A HYSTERECTOMY DUE TO UTERIN CANCER. THE DAUGHTER DEVELOPED
EPILEPSY AND THE SON, ASTHMA.
IN FAMILY NUMBER THREE, THE WIFE HAD A NERVOUS BREAKDOWN. BOTH
CHILDREN SUFFERED FROM BRONCHITIS.
IN FAMILY NUMBER FOUR, WHO LIVED THERE LESS THAN TWO YEARS, THE WIFE
DEVELOPED SEVERE HEADACHES AFTER MOVING IN. SHE ALSO HAD A HYSTERECTOMY
DUE TO UTERINE BLEEDING AND A PREMALIGNANT GROWTH. /5/
THE STATE OF NEW YORK ALSO HAS CONDUCTED STUDIES OF THE HEALTH
EFFECTS OF RESIDENTS OF THE LOVE CANAL AREA. THESE FINDINGS DIFFER IN
SOME IMPORTANT RESPECTS FROM THOSE OF DR. PAIGEN. HOWEVER, THERE WAS
NO TESTIMONY TO SUGGEST THAT THE STATE STUDIES WERE EITHER MORE
COMPREHENSIVE OR BIAS FREE THAN DR. PAIGENS STUDY.
IN TWO AREAS OF CRITICAL IMPORTANCE, THE STUDIES CAME TO SIMILAR
CONCLUSIONS. BOTH CONCLUDED THAT THERE HAS BEEN AN ELEVATION OF
MISCARRIAGE AND BIRTH DEFECT RATES IN THE SWALE AREA. IN FACT, THE
STATE HAS FOUND SUFFICIENT EVIDENCE TO REQUIRE THE TEMPORARY EVACUATION
OF PREGNANT WOMEN AND THOSE WITH CHILDRED UP TO THE AGE OF TWO YEARS.
THE STATE STUDIES EITHER DISPUTE DR. PAIGEN'S OTHER CONCLUSIONS OR THE
STATE HAS NOT YET RELEASED FINDINGS ON THE INCIDENCE OF SPECIFIC HEALTH
PROBLEMS. /6/
LATER IN THIS REPORT WE WILL ANALYZE THE ADEQUACY OF THE RESPONSE OF
THE STATE OF NEW YORK TO THE PROBLEMS OF THE VICTIMS OF THE LOVE CANAL.
IT IS SUFFICIENT TO SAY AT THIS POINT THAT THE STATE HEALTH DEPARTMENT
HAS NOT PROVIDED THE RESIDENTS OF THE AREA NOR THIS SUBCOMMITTCE WITH A
CREDIBLE REFUTATION OF THE PAIGEN STUDY.
THE HYDE PARK SITE ALSO RAISED SERIOUS PUBLIC HEALTH CONCERNS. THE
TOXINS EMANATING FROM THE DUMP VIA BLOODY RUN CREEK HAVE CAUSED SERIOUS
RESPIRATORY PROBLEMS FOR A LARGE FAMILY, THE ARMAGOSTS, ACCORDING TO
TESTIMONY FROM THEIR PHYSICIAN. LOCAL UNION REPRESENTATIVES FROM THE
PLANTS ADJOINING THE DUMP GAVE EXTENSIVE TESTIMONY ON THE HEALTH
PROBLEMS EXPERIENCED BY THE WORKERS, PARTICULARLY RESPIRATORY AND SKIN
PROBLEMS, INCLUDING CANCER. MANY OFTHE ACUTE SYMPTOMS COINCIDED WITH
EXPOSURE TO TOXIC FUMES GIVEN OFF BY THE DUMP SITE. RESPONDING TO
REQUESTS BY CHAIRMAN ECKHARDT AS WELL AS THE UNITED STEELWORKERS OF
AMERICA AND THE OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION,
THE NATIONAL INSTITUTE OF OCCUPATIONAL SAFETY AND HEALTH (NIOSH)
PROMPTLY INITIATED A COMPREHENSIVEHEALTH HAZARD EVALUATION OF THE
WORKERS IN THOSE THREE PLANTS. THE RESULT OF THAT SURVEY ARE NOT YET
AVAILABLE.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 022 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110799
REPORT STUDY
TRANSCRIPT
HOUSE
AMONG THE 16.5 MILLION GALLONS OF COMPOUNDS DUMPED BY VELSICOL AT THE
HARDEMAN COUNTY, TENNESSEE SITE WERE ENDRIN, HEPTACHLOR, BENZENE, AND
ALDRIN, ALL CARCINOGENS OR SUSPECTED CARCINOGENS.
THE FOLLIOWINT QUOTATION FROM THE 1972 STATE ORDER CLOSING THE DUMP
SITE CLEARLY INDICATES THAT THIS LAND MAY NEVER AGAIN BE USABLE;
THE DANGERS PRESENTED BY THESE COMPOUNDS ARE DIRECTLY RELATED TO
THEIR HIGH TOXICITY AND PERSISTENT TOXICITY OVER LONG PERIODS OF TIME.
THE CHARACTERISTICS OF THESE COMPOUNDS WHICH CREATE A DANGER TO BOTH
MAN AND THE ENVIRONMENT INCLUDE EXTREME TOXICITY OVER LONG PERIODS OF
TIME, INDICATING VERY SLOW DEGRADATION; NEAR INSOLUBILITY IN WATER WITH
THE TENDENCY TO CLING OR ADHERE TO PARTICULATE MATTER; AND THE ABILITY
TO ACCUMULATE IN THE FATTY TISSUES OF MOST ANIMALS AND TO BE ABSORBED BY
VEGETABLE CROPS FROM CONTAMINATED SOIL, THEREBY ENTERING MAN'S FEED
CHAIN.
DUE TO THE COMPOUND'S INSOLUBILITY AND CLING CHARACTERISTICS, THE
WATER BECOMES A MOVER OF THE WASTES.
THE LOCAL RESIDENTS' DRINKING WATER NEAR THE HARDEMAN COUNTY DUMP
SITE WAS FOUND TO CONTAIN AT LEAST A DOZEN DANGEROUS PESTICIDE
MANUFACTURING WASTES. THE LEVELS OF CARBON TETRACHLORIDE IN A NEARBY
DRINKING WATER WELL, FOR EXAMPLE, WAS 48 TIMES THAT FOUND IN THE OHIO
RIVER WHEN CINCINNATI RESIDENTS WERE WARNED NOT TO DRINK THE WATER.
EXCESSIVE RADIATION LEVELS CONSTITUTE THE HEALTH PROBLEMS EXAMINED IN
COLORADO AND FLORIDA. IN DEVER. READINGS OF RADON DAUGHTER LEVELS
(RADIUM PRODUCTS) AT SOME SITES ARE TEN TIMES THAT OF AVERAGE LEVELS.
IN SOME LOCATIONS, CONTAMINATION WAS FOUND WITHIN ONE FOOT OF THE
SURFACE. RADON DAUGHTERS ARE KNOWN TO INDUCE LUNGCANCER.
EXPOSURE TO THE STRUCTURES MENTIONED RESULTS FROM HIGHER THAN AVERAGE
GAMMA EMISSIONS. LATENT CANCERS AND GENETIC EFFECTS ARE THE DANGERS
POSED BY GAMMA RADIATION. EPIDEMIOLOGICAL STUDIES ARE CURRENTLY IN
PROGRESS TO DETERMINE THE EXTENT OF THE DAMAGE TO PUBLIC HEALTH.
PEOPLE IN SOME OF THE HOMES IN POLK COUNTY, FLORIDA, ARE EXPOSED TO
LEVELS OF RADIATION EIGHT TIMES THE NORMAL AMOUNT. THE GOVERNOR OF
FLORIDA WAS ADVISED IN AN EPA REPORT DATED JULY 2, 1979, THAT THOSE
RESIDENTS RISK OF CONTRACTING LUNG CANCER WERE 35 PERCENT ABOVE AVERAGE.
FURTHERMORE, PEOPLE SPENDING 75-80 PERCENT OF THEIR TIME IN THE HOME
(HOUSEWIVES, FOR EXAMPLE) FACE A POSSIBLE INCREASE IN LUNG CANCER OF 50
PERCENT.
DRINKING WATER CONTAMINATION IN MONTAGUE, MICHIGAN, LONG ISLAND, NEW
YORK, AND LATHROP, CALIFORNIA, POSE POTENTIAL LONG-RUN HEALTH PROBLEMS
FOR AFFECTED RESIDENTS. CHRONIC EXPOSURE TO LOW LEVELS OF TOXIC
CHEMICALS MAY PRODUCE HEALTH PROBLEMS WHICH MAY NOT BE KNOWN FOR YEARS
DUE TO LONG LATENCY PERIODS.
THE CHEMICAL CONTROL SITE POSES A TOXIC, EXPLOSIVE, AND FIRE HAZARD
TO THE RESIDENTS OF BOTHNORTHERN NEW JERSEY AND NEW YORK CITY, DESPITE
THE FACT THAT THE STATE OF NEW JERSEY HAS REMOVED THE PICRIC ACID. THE
STATE HAS ESTIMATED THAT FIRE OR EXPLOSION ON THIS SITE COULD SPREAD AND
POSSIBLY IGNITE MILLIONS OF GALLONS OF LIQUID NATURAL GAS STORED WITHIN
A QUARTER OF A MILE OF THE SITE. THE RESULTING FIRE AND EXPLOSION COULD
INJURE THOUSANDS OF PEOPLE.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 023 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110800
REPORT STUDY
TRANSCRIPT
HOUSE
ADDITIONALLY, A FIRE OR EXPLOSION AT THE SITE ITSELF COULD PRODUCE A
TOXIC CLOUD OF CHEMICALS WHICH COULD DRIFT FOR MILES THREATENING
HUNDREDS OF THOUSANDS OF PEOPLE.
THE PUBLIC HEALTH FROM HAZARDOUS WASTE DISPOSAL
JUST AS EPA HAS NOT EFFECTIVELY EXERCISED ITS IMMINENT HAZARD
AUTHORITY UNDER RCRA, STATE AND LOCAL AGENCIES HAVE EITHER FAILED TO
RECOGNIZE OR BEEN UNABLE TO TAKE APPROPRIATE ACTION TO PROTECT
ADEQUATELY AGAINST THREATS TO THE PUBLIC HEALTH FROM HAZARDOUS WASTE
DISPOSAL.
IT IS IMPORTANT THAT PERSPECTIVE BE MAINTAINED ON THE ISSUE OF THE
BEHAVIOR OF GOVERNMENT OFFICIALS. THE OFFICIALS ARE NOT THE SOURCE OF
THE PROBLEMS. THE DUMPING WAS DONE BY PRIVATE CONCERSN WHICH AT TIMES
PROFITED SUBSTANTIALLY AT THE EXPENSE OF THE ENVIRONMENT AND, AT TIMES,
THE PUBLIC HEALTH. WE FOUND NUMEROUS INSTANCES IN WHICH THEY DID NOT
INFORM THE RESPONSIBLE PUBLIC OFFICIALS OF THE EXISTENCE AND/OR
MAGNITUDE OF POTENTIAL PROBLEMS.
IN CERTAIN CASES, OFFICIALS WERE EITHER WOEFULLY UNINFORMED OR
DERELICT IN THEIR DUTY. FOR EXAMPLE, THE BOARD OF EDUCATION OF THE CITY
OF NIAGARA FALLS CHOSE TO BUILD A PUBLIC SCHOOL ON TOP OF THE LOVE CANAL
DUMP SITE, AND THEN LOCAL OFFICIALS PERMITTED A RESIDENTIAL SUBDIVISION
TO BE BUILT IMMEDIATELY ADJACENT TO THE SITE. WHILE IT IS DIFFICULT TO
BELIEVE THAT THE SCHOOL BOARD FULLY UNDERSTOOD THE COMPOSITION AND
POTENTIAL DANGER OF THE WASTE MATERIALS, THE DEED CONVEYEING THE
PROPERTY FROM HOOKER TO THE SCHOOL BOARD DID INCLUDE A WARNING THAT
CHEMICALS WERE STORED IN THE CANAL. IN UNDOCUMENTED TESTIMONY, HOOKER
CLAIMED THAT THE SCHOOL BOARD WAS WARNED AGAINST CONSTRUCTION ACTIVITY
OF ANY KIND AND DEEDED THE PROPERTY ONLY UPON THE INSISTENCE OF THE
BOARD. CLEARLY, THE VICTIMS OF THE LOVE CANAL DISASTER HAVE REASON TO
QUESTION WHETHER STATE AND LOCAL OFFICIALS HAVE COMMITTED THEMSELVES TO
A MAXIMUM EFFORT TO MINIMIZE THE DANGER TO THE PUBLIC HEALTH.
HOOKER CHEMICAL WAS AWARE AT LEAST AS EARLY AS 1958 THAT CHILDREN
WERE EXPERIENCING CHEMICAL BURNS FROM SUBSTANCES PERCOLATING UP FROM THE
LOVE CANAL DUMP SITE YET TOOK NO ACTION TO INFORM LOCAL RESIDENTS OF THE
POTENTIAL HAZARDS. MR. WILKENFELD, FORMERLY OF HOOKER CHEMICAL, WAS
QUESTIONED ON THIS POINT:
MR. GORE. TWENTY-ONE YEARS AGO WHEN THIS INCIDENT OCCURRED WITH THE
CHILDRED BEING BURNED, DID THE COMPANY WARN ONLY THE SCHOOL BOARD OR DID
YOU TAKE ANY STEPS TO ALERT THE PEOPLE WHO LIVED THERE?
MR. WILKENFELD. IT WAS MY UNDERSTANDING THAT THE PEOPLE WHO LIVED IN
THE AREA KNEW THAT THIS WAS A FORMER CHEMICAL DUMP AND THAT THESE
MATERIALS WERE HAZARDOUS AND THAT THE CHILDREN SHOULD NOT GET IN THERE.
AS A MATTER OF FACT, ON THESE OCCASIONS WHEN CHILDREN WOULD GET INTO
MATERIAL LIKE THAT, THEY QUITE FREQUENTLY WOULD CALL OUR PLANT
DISPENSARY TO GET INFORMATION FROM THE NURSE ON TREATMENT OF IRRITATION
FROM THE CHEMICALS.
MR. GORE. DID YOU TELL THEM NOT TO PLAY IN THE AREA?
MR. WILKENFELD. I CAN'T SAY WHAT THE NURSE'S RESPONSE WAS.
MR. GORE. DID YOU TAKE ANY STEPS TO INFORM THE PEOPLE WHO LIVED
ADJACENT TO THE LOVE CANAL DUMP SITE TO INFORM THEM OF WHAT KINDS OF
CHEMICALS WERE IN THE DUMP SITE AND WHAT THE HAZARDS TO THEIR HEALTH
WERE?
MR. WILKENFELD. NO, WE DID NOT.
MR. GORE. WHY NOT?
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 024 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110801
REPORT STUDY
TRANSCRIPT
HOUSE
/7/ TESTIMONY OF JAY WILKENFELD, DIRECTOR OF HEALTH AND ENVIRONMENT,
OCCIDENTAL PETROLEUM (THE PARENT COMPANY OF HOOKER CHEMICAL) BEFORE THE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, APRIL 10, 1979, AT P.
110-111-112, AND 112-113 OF THE TRANSCRIPT.
/8/ TESTIMONY OF ROBERT MATTEWS BEFORE THE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS, MARCH 22, 1979 AT PP. 106-107 OF THE TRANSCRIPT.
/9/ TESTIMONY OF F. T. OLOTKA BEFORE THE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS, APRIL 10, 1979, AT PP. 134-135 OF THE TRANSCRIPT.
MR. WILKENFELD. WE DID NOT FEEL THAT WE COULD DO THIS WITHOUT
INCURRING SUBSTANTIAL LIABILITIES FOR IMPLYING THAT THE CURRENTOWNERS OF
THE PROPERTY WERE DOING AN INADEQUATE CARE ON THE PROPERTY.
MR. GORE. THAT SEEMS LIKE IT SURE DOES SLIGHT THE PEOPLE WHO WERE
EXPOSED TO THE HEALTH HAZARD.
IF YOU WERE WORRIED ABOUT THAT, DID THAT ALSO MAKE YOU THINK THAT
MAYBE THE SCHOOL BOARD WOULD BE LESS THAN CANDID IN PASSING ON YOUR
WARNINGS TO THE PEOPLE WHO LIVED THERE?
MR. WILKENFELD. I CAN'T SPEAK FOR THE SCHOOL BOARD.
MR. GORE. YOU WOULD HAVE KNOWN IF THE SCHOOL BOARD PASSED ON ANY
KIND OF WARNING TO THE PEOPLE WHO LIVED ADJACENT TO THE CANAL WOULDN'T
YOU?
MR. WILKENFELD. NOT NECESSARILY.
MR. GORE. IF THEY HAD DONE AN EFFECTIVE JOB, YOU WOULD HAVE.
MR. WILKENFELD. I MIGHT HAVE KNOWN; I MIGHT NOT HAVE. IT
DEPENDS ON HOW THEY DID IT.
MR. GORE. DID YOU EVER RECEIVE ANY REPORTS BACK THAT THEY DID PASS A
WARNING ON TO THE PEOPLE?
MR. WILKENFELD. NO.
MR. GORE. DID THAT MAKE YOU WONDER WHETHER OR NOT FURTHER STEPS OUGHT
TO BE TAKEN TO WARN THE PEOPLE WHO LIVED IN THE AREA OF THE HAZARDS THEY
FACED?
MR. WILKENFELD. IF I DID--AND I DON'T RECALL AT THIS TIME--I DIDN'T
DO ANYTHING ABOUT IT AT THAT TIME. /7/
NOR WAS HOOKER SUFFICIENTLY CONCERNED WITH THE POTENTIAL HEALTH
PROBLEMS POSED BY THE LOVE CANAL TO KEEP THE COMPANY FROM CONTEMPLATING
THE DISPOSAL OF ANOTHER SITE--THE 102ND STREET DUMP--IN A SIMILAR
MANNER. A 1972 INTERNAL HOOKER MEMO SUGGESTS THREE POSSIBLE USES FOR
THAT SITE: SALE TO THE CITY OF NIAGARA FALLS; SALE OR LEASE TO PRIVATE
INTEREST FOR DEVELOPMENT (THE LAND HAD BEEN ZONED AS MULTIPLE FAMILY
RESIDENTIAL); OR USE BY HOOKER AS A WAREHOUSE. ANOTHER MEMO SUGGESTED
THAT THE CITY OF NIAGARA FALLS MIGHT WANT TO BUY THE LAND FOR PARK AND
RECREATIONAL FACILITIES.
IT IS OBVIOUS FROM THE TESTIMONY SURROUNDING EACH OF THE NIAGARA
FALLS SITES THAT THE RELATIONSHIP BETWEEN HOOKER AND LOCAL OFFICIALS WAS
VERY COOPERATIVE. MR. ROBERTMATTHEWS, DIRECTOR OF UTILITIES FOR THE
CITY OF NIAGARA FALLS AND THE INDIVIDUAL CHARGED WITH RESPONSIBILITY FOR
THE WATER INTAKE SYSTEM THAT IS THREATENED BY THE MIGRATION OF TOXIC
CHEMICALS FROM THE S-AREA SITE, VOLUNTEERED HIS OPINION OF THE
RELATIONSHIP BETWEEN HOOKER AND THE CITY:
INSOFAR AS MY EXPERIENCE IS CONCERNED--AND, AGAIN, IT IS LIMITED TO
WATER AND WASTE WATER IN NIAGARA FALLS--HOOKER HAS ACTED VERY
RESPONSIBLY. HOOKER EXECUTIVES HAVE GIVEN ME GOOD AND LEARNED ADVICE.
WHEN YOU ARE IN A SITUATION SUCH AS I AM IN, YOU NEED ADVICE. /8/
IT IS INTERESTING TO NOTE THAT MR. OLOTKA, THE FORMER INDUSTRIAL
WASTE SUPERVISOR OF HOOKER, TESTIFIED THAT HE AND FOUR OTHER INDUSTRY
REPRESENTATIVES FORMED AN INDUSTRY LIAISON COMMITTEE THAT PASSED ON MR.
MATTHEW'S QUALIFICATIONS FOR HIS FIRST JOB WITH THE CITY:
MR. LENT. YOUHELPED THE CITY PASS ON THIS FELLOW'S, MATTHEWS',
QUALIFICATIONS.
MR. OLOTKA. THE CITY OF NIAGARA FALLS OFFICIALLY HIRED THE
GENTLEMAN. WE WERE GIVEN THE HONOR OF REVIEWING THE FACT THAT HE DID
HAVE PROFESSIONAL QUALIFICATIONS WHICH WE EXPRESSED OUR CONCERN TO THE
CITY MANAGER BEFORE THE CITY WENT AHEAD AND INTERVIEWED PEOPLE. /9/
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 025 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110802
REPORT STUDY
TRANSCRIPT
HOUSE
/9/ TESTIMONY OF F. T. OLOTKA BEFORE THE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS, APRIL 10, 1979, AT PP. 134-135 OF THE TRANSCRIPT.
/10/ TESTIMONY OF DR. BEVERLY PAIGEN BEFORE THE SUBCOMMITTEE ON
OVERSIGHT AND INVESTIGATIONS, MARCH 21, 1979, AT PP. 139-140, 145-146 OF
THE TRANSCRIPT.
MICROFORM REFILMED; SEE APPENDICES.
MR. OLOTKA. THE CITY OF NIAGARA FALLS OFFICIALLY HIRED THE
GENTLEMAN. WE WERE GIVEN THE HONOR OF REVIEWING THE FACT THAT HE DID
HAVE PROFESSIONAL QUALIFICATIONS WHICH WE EXPRESSED OUR CONCERN TO THE
CITY MANAGER BEFORE THE CITY WENT AHEAD AND INTERVIEWED PEOPLE. /9/
A CRISIS OF CONFIDENCE HAS ARISEN WITH REGARD TO THE RESPONSE OF THE
STATE OF NEW YORK TO THE SITUATION AT THE LOVE CANAL. AS NOTED EARLIER,
A SERIOUS CONFLICT OF TESTIMONY EXISTS WITH REGARD TO THE HEALTH EFFECTS
EXPERIENCED BY RESIDENTS, DR. PAIGEN'S TESTIMONY IS COMPELLING BUT NOT
CONCLUSIVE. DR. DAVID AXELROD, COMMISSIONER OF HEALTH, REFUSES TO
ACCEPT QUESTIONNAIRES COMPILED BY DR. PAIGEN AS A VALID DATA BASE.
INSTEAD, HE SUPPORTS THE HEALTH DEPARTMENT'S OWN STUDIES. IN DEFENSE OF
HIS PREFERENCE FOR THEM, DR. AXELROD PLACES GREAT RELIANCE ON THE
REVIEWS OF THE STATE'S STUDIES BY PANELS OF OUTSIDE EXPERTS. HOWEVER,
NEW YORK HAS REFUSED TO RELEASE THE NAMES OF THE MEMBERS OR MINUTES OF
THE MEETINGS OF THE PANELS. WHILE IN HIS TESTIMONY DR. AXELROD
MAINTAINED THAT SECTION 206(1)(J) OF THE NEW YORK PUBLIC HEALTH LAW
PROHIBITS RELEASE OF SUCH DOCUMENTS, COUNSEL FOR THE STATE WAS UNABLE TO
CITE A SINGLE CASE IN SUPPORT OF THAT POSITION.
DR. PAIGEN EXPRESSED HER FRUSTRATION IN TRYING TO RECONCILE HER
RESULTS WITH THE STATE'S FINDINGS AS FOLLOWS:
ONE OF THE PROBLEMS WE HAVE HAD IS THAT WE CANNOT GET ANY
INFORMATION, OR WE CAN GET VERY LITTLE INFORMATION, OUT OF THE HEALTH
DEPARTMENT. IT IS MY BELIEF THAT WHEN A GOVERNMENTAL AGENCY,
PARTICULARLY SCIENTISTS IN A GOVERNMENTAL AGENCY ARE DOING STUDIES LIKE
THIS, THAT, WHEN THEY MAKE A PUBLIC STATEMENT OR A DECISION, THEY SHOULD
RELEASE A WHITE PAPER THAT GIVES THE SCIENTIFIC METHODS THEY USED, THE
QUESTIONS THEY ASKED, HOW THEY DID THEIR STUDY, WHAT THE RESULTS ARE,
WHAT THE STATISTICAL ANALYSIS IS. INSTEAD, ALL THEY DO IS MAKE CLAIMS
IN PRESS RELEASES AND WE HAVE NO WAY FOR INDEPENDENT SCIENTISTS TO
REVIEW THE VALIDITY OF THEIR CONCLUSIONS.
I HAVE SEVERAL SCIENTIFIC CRITICISMS OF SOME OF THE WAYS THE STATE OF
NEW YORK HAS DONE ITS STUDY. I UNDERSTAND WHEY THEY MINIMIZE THE HEALTH
EFFECTS BECAUSE OF THE WAY THEY DESIGNED THE STUDY. IT WAS DESIGNED TO
MINIMIZE THE HEALTH EFFECTS.
THAT PANEL OF BLUE RIBBON EXPERTS, I AM TOLD BY PEOPLE UP THERE, HAVE
NEVER BEEN GIVEN A PAPER LIKE I PRESENTED FOR YOU TODAY WITH HOW THE
STUDY WAS DESIGNED, WHAT QUESTIONS WERE ASKED, HOW THE DATA WAS
COLLECTED, AND SO FORTH. SO, THEY REALLY WERE NOT IN A POSITION TO
REVIEW IT, TO SUBJECT IT TO WHAT IS CALLED SCIENTIFIC PEER REVIEW.
THEY CERTAINLY DID NOT ACT AS JUDGES BETWEEN THE STATE'S
POINT OF VIEW AND MY POINT OF VIEW, SINCE I WAS NOT GIVEN
ANY OPPORTUNITY TO PRESENT MY POINT OF VIEW; NOR WERE THOSE
EXPERTS EVEN TOLD THAT I HAD AN INDEPENDENT POINT OF VIEW. /10/
THUS FAR, THE STATE OF NEW YORK HAS SPENT MILLIONS OF DOLLARS TO
REMOVE 230 FAMILIES FROM THE AREA IMMEDIATELY SURROUNDING THE CANAL. IF
DR. PAIGEN IS CORRECT, AT LEAST 140 ADDITIONAL FAMILIES WOULD HAVE TO BE
MOVED. FURTHERMORE, THE SWALE THEORY LEAVES OPEN SERIOUS QUESTIONS AS
TO WHETHER OR NOT THE REMEDIAL WORK NEARING COMPLETION AT THE DUMP SITE
WILL BE SUFFICIENT TO PREVENT MIGRATION OF THESE POISONS IN THE FUTURE.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 026 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110803
REPORT STUDY
TRANSCRIPT
HOUSE
/11/ THE STUDY ALSO MADE THE FOLLOWING FINDINGS AND CONCLUSIONS: (1)
THE HEALTH EFFECTS DATA, INCLUDING MISCARRIAGES, RATE DATA ARE NOT
LIKELY TO HAVE SUFFICIENT STATISTICAL PRECISION TO SERVE AS THE SOLE
CRITERION FOR DEFINING WHICH HOUSES ARE CONTAMINATED AND SHOULD BE
EVACUATED, (2) GEOCHEMICAL MAPPING SHOULD SERVE TO IDENTIFY THOSE AREAS
WHICH ARE CONTAMINATED BY CHEMICALS AND THEREFORE ARE MORE LIKELY TO
CAUSE ADVERSE HEALTH EFFECTS IN RESIDENTS, (3) DECISIONS REGARDING THE
GRIFFIN MANOR AREA SHOULD BE BASED PRIMARILY ON GEOCHEMICAL FINDINGS AND
NOT OBSERVED HEALTH EFFECTS, SINCE POPULATIONS LIVING THERE MAY BE TOO
MOBILE FOR THE RESULTS OF THE HEALTH EFFECTS STUDY TO BE MEANINGFUL, (4)
GEOCHEMICAL MAPPING SHOULD BE PURSUED. THESE RESULTS CORRELATED WITH
HEALTH EFFECTS DATA SHOULD BE HELPFUL IN DETERMINING WHERE DWELLINGS
SHOULD BE PROHIBITED AND WHAT OTHER STEPS SHOULD BE WARRANTED. (5) IN
ORDER TO ASSURE THAT THE FULL HEALTH EFFECTS OF THE LOVE CANAL CAN BE
ASSESSED, A MECHANISM FOR PROVIDING CONSISTENT, LONG TERM HEALTH CARE TO
THE RESIDENTS AND A REGISTRY REGARDING MEDICAL INFORMATION SHOULD BE
DEVELOPED. THE HEW-EPA REPORT IS RETAINED IN THE SUBCOMMITTEE'S FILES,
AS IS A LETTER FROM CHAIRMAN EXKHARDT TO DR. AXELROD REQUESTING HIS
COMMENTS ON THE REPORT AND DR. AXELROD'S INDIRECT RESPONSE CONTAINED IN
A LETTER TO LOIS GIBBS OF THE LOVE CANAL HOMEOWNERS ASSOCIATION.
UNFORTUNATELY, THE STATE OF NEW YORK HAS FAILED TO RECONCILE THE
IMPORTANT DIFFERENCES BETWEEN THEIR STUDIES AND DR. PAIGEN'S. THE ONLY
PUBLIC OUTSIDE EXAMINATION AND ATTEMPT TO RECONCILE THE DIFFERNET
STUDIES WAS PERFORMED BY SCIENTISTS FROM EPA AND HEW AT THE REQUEST OF
REPRESENTATIVE JOHN LA FALCE (D-N.Y.). THAT REVIEW OF THE
PAIGEN-AXELROD CONTROVERSY PRODUCED THE FOLLOWING MAJOR FINDINGS AND
CONCLUSIONS:
1. THE DATA SUGGEST A GRADIENT OF HEALTH EFFECTS WITH THE MOST
SEVERE OCCURRING IN RESIDENTS OF HOUSES IMMEDIATELY ADJACENT TO THE
CANAL AND IN "WET AREAS". PRUDENT PUBLIC HEALTH PRACTICE DICTATES THAT
TESE EXPOSURES BE MINIMIZED TO THE EXTENT FEASIBLE.
2. EXCESS MISCARRIAGE REPORTED BY THE NEW YORK STATE DEPARTMENT OF
HEALTH MAY HAVE BEEN UNDERSTATED BECAUSE THE STATE INCLUDED ONLY THOSE
MISCARRIAGES CONFIRMED BY PHYSICIANS, WHEREAS CONTROL GROUPS USED BY THE
STATE HAVE INCLUDED SELF-REPORTED CASES.
3. EVERY EFFORT SHOULD BE MADE TO FIND AND UTILIZE A SUITABLE
CONTROL POPULATION OR TO ASSESS PRECISELY THE HEALTH EFFECTS ON THE
POPULATION. STUDIES OF MISCARRIAGES AND LOW BIRTH WEIGHT SHOULD BE
CONTINUED.
4. ALTHOUGH THESE DATA MAY BE INCOMPLETE AND CONTAIN POTENTIAL BIAS,
THE CONCERNS AND QUESTIONS RAISED BY DR. PAIGEN ARE IMPORTANT AND MERIT
ATTENTION.
5. IT IS ACKNOWLEDGED THAT THE SCIENTISTS CONDUCTING ON-GOING
STUDIES ARE STATE EMPLOYEES, HOWEVER, ALTHOUGH THEY ARE HIGHLY COMPETENT
AND HELD IN HIGH ESTEEM BY THEIR PEERS, THE PUBLIC MAY PERCEIVE A
CONFLICT OF INTEREST. FOR THIS REASON THE INVOLVEMENT OF OUTSIDE
SCIENTISTS, BOTH IN THE INTERPRETATION OF THE DATA AND FORMULATION OF
RECOMMENDATIONS FOR THE STATE, SHOULD BE CONTINUED IN ORDER TO ASSURE
THAT ALL HEALTH EFFECTS ARE DISCLOSED AND CONSIDERED. TO ASSURE PUBLIC
CONFIDENCE IN THE FINDINGS THE STATE MAY ALSO WISH TO INCLUDE
NON-SCIENTISTS, LOCAL RESIDENTS, AND OTHERS IN FUTURE DELIBERATIONS.
/11/
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 027 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110804
REPORT STUDY
TRANSCRIPT
HOUSE
THE SUBCOMMITTEE AGREES WITH THESE CONCLUSIONS. WE BELIEVE THAT DR.
PAIGEN'S STUDY IS OF SUFFICIENT SCIENTIFIC MERIT TO DESERVE SERIOUS
PUBLIC COMMENT BY STATE OFFICIALS. MOREOVER, WE SHARE THE VIEW THAT
OUTSIDE SCIENTISTS AND NON-SCIENTISTS NOT ASSOCIATED WITH THE STATE
SHOULD HAVE ACCESS TO ALL INFORMATION USED BY THE STATE AND THE STATE'S
METHODOLOGY SO THAT IT CAN BE PUT TO THE TEST OF INDEPENDENT
EXAMINATION. ONLY IN THIS WAY CAN THE PEOPLE OF LOVE CANAL BE ASSURED
THAT THE BEST POSSIBLE EFFORTS ARE BEING MADE TO PROTECT THEM. FURTHER,
WE BELIEVE THAT THE STATE SHOUL- RELOCATE ALL FAMILIES LIVING IN THE WET
AREAS UNTIL A SATISFACTORY DETERMINATION OF THE HEALTH EFFECTS INCLUDING
A CREDIBLE RECONCILIATION OF THE PAIGEN FINDINGS, HAS BEEN COMPLETED.
THETEXAS ROAD OIL CASE POINTS TO POTENTIAL FUTURE PROBLEMS IN THE
ENFORCEMENT OF RCRA. THE TEXAS SYSTEM RELIES ON MANIFEST REPORTING AS
THE PRIMARY MEANS OF CONTROL. GENERATORS OF WASTE INITIATE MANIFESTS
WHICH ARE ATTESTED TO BY THE TRANSPORTERS OF WASTE AS WELL AS THE
OPERATOR OF THE FINAL DISPOSAL SITE WHICH RETURNS ONE OF THE REMAINING
MANIFESTS OR TRIP TICKETS TO THE GENERATOR. MONTHLY REPORTS TO THE
STATE ARE MADE BY THE GENERATORS AND RECORDS ARE MAINTAINED BY THE OTHER
PARTIES. THE EXISTENCE OF A TRANSFER STATION LIKE THE NEDERLAND
FACILITY OF BFI, WHERE WASTE STREAMS FROM VARIOUS SOURCES ARE
COMMINGLED, COMPLICATES THE RECORD KEEPING PROBLEM TO SUCH AN EXTENT AS
TO RENDER THE MANIFEST SYSTEM UNRELIABLE IN TRACKING WASTE. THE SOLE
REASON THAT DUPONT WAS ABLE TO BE IDENTIFIED AS THE ORIGINAL GENERATOR
IN THIS CASE WAS THE FACT THAT IT WAS THE EXCLUSIVE GENERATOR OF
NITROBENZENE AND CYANIDE WASTE STREAMS PROCESSED BY BFI NEDERALAND.
THE PROBLEM IN THIS CASE WAS NOT JUST THE DEFICIENCIES OF THE
MANIFEST SYSTEM. A QUESTION WAS RAISED AS TO WHETHER THE LAW WAS
PROPERLY ENFORCED BY THE ORANGE DISTRICT OFFICE OF THE TEXAS DEPARTMENT
OF WATER RESOURCES. THAT OFFICE RECEIVED A COMPLAINT ON NOVEMBER 2,
1978, THAT CYANIDE WAS BEING MIXED WITH WASTE OIL AND DUMPED ON ROADS
NEAR CORRIGAN, TEXAS.
THE INVESTIGATOR ASSIGNED TO THE CASE, MELVIN SWOBODA, ALLGED IN A
FORMAL REPORT AND LATER IN TESTIMONY BEFORE THIS SUBCOMMITTEE THAT ALL
CYANIDE SHIPMENT COULD BE ACCOUNTED FOR AND DISPOSED OF PROPERLY EITHER
AT THE CLASS I LANDFILL OF CONSERVATION SERVICES, INC. (CSI) OR THE DEEP
WELL OPERATED BY SONICS INTERNATIONA. IN HIS TESTIMONY OF MAY 30, 1979
MR. SWOBODA MAINTAINED THAT HE HAD CHECKED THE MANIFESTS FOR THE
PRECEEDING 2 MONTHS AS WELL AS A LOG BOOK KEPT BY THE BFI CHEMIST WHO
HAD BEEN FIRED ON NOVEMBER 1 AND MADE THE COMPLAINT THE NEXT DAY.
FROM THE STATUS OF RECORDS SUPPLIED TO THIS SUBCOMMITTEE
UNDER SUBPOENA, IT IS IMPOSSIBLE TO DETERMINE THE MOVEMENT
OF CYANIDE IN AND OUT OF THE TRANSFER STATION OVER THAT PERIOD
BY REFERENCE TO THE MANIFESTS. FURTHER, THE LOG BOOK, ALSO
OBTAINED UNDER SUBPOENA, DATES ONLY FROM OCTOBER 17, IS FRAGMENTED
AND MAKES NO REFERENCE TO MANIFEST NUMBERS AND THUS COULD NOT BE
TIED BACK TO THE STATE REPORTING SYSTEM. THAT LOG BOOK CONTAINED
ENTRIES AS RECENT AS NOVEMBER 2, THE DAY OF THE COMPLAINT, WHICH
INDICATED THAT ROAD OIL WAS BEING MIXED WITH POTENTIALLY
TOXIC MATERIALS PRIOR TO SHIPMENT.
CLARENCE MORITZ, MR. SWOBODA'S SUPERVISOR, WAS SO CONVINCED OF THE
COMPANY'S GOOD FAITH IN THIS MATTER THAT, IN TESTIMONY BEFORE THE
SUBCOMMITTEE, HE THEORIZED THE SOURCE OF CONTAMINATION TO BE THE FAILURE
OF A TRUCK DRIVER TO PROPERLY WASH OUT A TANKER PRIOR TO THE LOADING OF
ROAL OIL. CLEARLY, THESE TWO ENFORCEMENT OFFICIALS DID NOT PERFORM THE
INVESTIGATION NECESSARY TO INSURE THAT THE PUBLIC HEALTH WAS PROTECTED.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 028 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110805
REPORT STUDY
TRANSCRIPT
HOUSE
IT SHOULD BE NOTED THAT CYANIDE WAS NEVER FOUND IN QUANTITIES ABOVE
TRACE AMOUNTS AT ANY OF THE EAST TEXAS ROADS. HOWEVER, NITROBENZENE WAS
FOUND IN SIGNIFICANT QUANTITES UP TO 2 YEARS AFTER THE DIRT ROADS WERE
SATURATED WITH OIL. NITROBENZENE IS A SUBSTANCE THAT PRODUCES A HIGHLY
NOXIOUS ODOR EVEN IN MINUTE QUANTITIES. THE ROADS NEAR CORRIGAN
CONTAINED A STENCH THAT COULD ONLY BE DESCRIBED AS OVERPOWERING SIX
MONTHS AFTER THEY WER OILED. BOTH INVESTIGATIVE REPORTERS FROM THE PORT
ARTHUR NEWS AND THE STAFF PERSON FROM THE SUBCOMMITTEE WHO VISITED THE
SUBDIVISION PRIOR TO REMOVAL OF THE ROADS REPORTED HEADACHES AND NAUSEA
FROM JUST A FEW HOURS EXPOSURE.
IN EACH OF THE INSTANCES DISCUSSED ABOVE, AS IN CASES INVOLVING
TARDINESS OF EPA TO IMPLEMENT THE RESOURCE CONSERVATION AND RECOVERY
ACT, WE MUST NOT SHOOT THE WATCHDOG AND THEN NEGLECT TO SEEK THE
BURGLAR. IN A NUMBER OF THE PROBLEMS EXAMINED, THE GENERATOR OF THE
WASTE WAS IN THE BEST POSITION TO BE INFORMED OF ITS TOXICITY AND ITS
POTENTIAL HAZARD. AND IT IS IN THIS DIRECTION THAT THE FINGER OF BLAME
SHOULD BE POINTED IN ORDER TO IDENTIFY THE MAIN CULPRIT AND THE MEANS OF
AVOIDING THE DANGER IN THE FUTURE.
ADEQUATELY
FAILURE TO PROPERLY DISPOSE OF THE HAZARDOUS WASTE IS COSTING THE
PUBLIC MILLIONS OF DOLLARS AND COULD COST MANY TIMES MORE IN THE FUTURE.
MOREOVER, THE COST OF CLEAN UP IS FAR MORE EXPENSIVE THAN PROPER
DISPOSAL IN THE FIRST PLACE.
TO DATE, THERE IS NO DEFINITIVE FIGURE ON THE COST TO SOCIETY OF
IMPROPER HAZARDOUS WASTE PRACTICES. THE FRED C. HART REPORT PREPARED
FOR EPA ATTEMPTED TO ESTIMATE THE COST OF CLEANING UP ABANDONED AND
ABANDONABLE SITES (SITES FOR WHICH THE OWNERS ARE UNLOCATABLE OR
JUDGEMENT PROOF). THAT REPORT SUGGEST THE COST OF CONTAINMENT FOR SUCH
SITES TO BE BETWEEN $1.8 AND $3.1 BILLION. TOTAL COSTS FOR COMPLETE
CLEANUP WERE ESTIMATED TO BE BETWEEN $13.1 AND $22.1 BILLION.
WHILE THIS REPORT HAS MANY METHODOLOGICAL FLAWS, THE INADEQUANCY OF
ITS FUNDAMENTAL DATA BASE ALONE IS ENOUGH TO DISCREDIT THE STUDY. THE
ESTIMATE OF THE NUMBER OF SITES AND THE DEGREE OF HAZARD THAT THEY POSE
IS LITTLE BETTER THAN PURE GUESSWORK AND THUS THE CLEAN UP ESTIMATES ARE
UNRELIABLE.
BUT EXAMINATION OF SITES BY THE SUBCOMMITTEE STRONGLY SUGGESTS THAT
THE REAL COSTS TO SOCIETY FROM IMPROPER DISPOSAL IN THE PAST ARE LARGE
INDEED. FURTHER DELAY IN ADDRESSING THE PROBLEM COMPOUNDS THE COST IN
BOTH DOLLARS AND HEALTH.
TOTAL CLEANUP COSTS FOR THE LOVE CANAL TO DATE HAVE EXCEEDED $27
MILLION. LAWSUITS SEEKING COMPENSATION FOR INJURY TO HUMANHEALTH AND
DESTRUCTION OF PROPERTY VALUES AGGREGATE OVER $2 BILLION. IRONICALLY,
IT HAS BEEN ESTIMATED THAT A PROPERLY SECURED DISPOSAL SITE WOULD HAVE
COST ONLY $4 MILLION (IN 1979 DOLLARS) IN 1952 WHEN THE SITE WAS CLOSED.
THE STATE OF MICHIGAN TESTIFIED THAT CLEANING UP THE MONTAGUE SITE
MAY COST $100 MILLION, ALTHOUGH HOOKER CHEMICAL BELIEVES THAT $11
MILLION WILL BE SUFFICIENT. LIKEWISE, NEW JERSEY ESTIMATES THAT, IN THE
CASE OF THE CHEMICAL CONTROL SITE, IT WILL COST $10 MILLION TO SAFELY
ANALYZE AND DISPOSE OF THE MATERIALS STORED THERE.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 029 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110806
REPORT STUDY
TRANSCRIPT
HOUSE
THE REMOVAL OF NITROBENZENE CONTAMINATED ROAD OIL FROM EAST TEXAS
ROADS HAS COST BROWNING-FERRIS MANY TIMES THE AMOUNT WHICH WOULD HAVE
BEEN NECESSARY TO DISPOSE OF THE TOXIC MATERIALS CONTAINED THEREIN IN
SECURE LANDFILLS OR DEEP INJECTION WELLS IN THE FIRST PLACE.
JUST THE STUDIES REQUIRED TO ASCERTAIN THE DANGER OF PHOSPHATE SLAG
DUMPING IN CENTRAL FLORIDA HAVE COST THE FEDERAL AND STATE GOVERNMENTS
ALMOST $1.4 MILLION AND EPA ESTIMATES THAT REMEDIAL WORK WILL RANGE
BETWEEN $1.2 AND $2.9 MILLION. THE COLORADO DEPARTMENT OF HEALTH FEARS
THAT THE CLEANUP IN DENVER COULD COST UP TO $25 MILLION.
HOOKER BELIEVES THAT CONTAINMENT AT LATHROP WILL COST IN EXCESS OF $4
MILLION. INDEPENDENT ENGINEERING ESTIMATES OF THE COST IN CLEANING UP
THE HOOKER SITES AT LATHROP, HYDE PARK AND THE S-AREA AS WELL AS AT
COLUMBUS, MISSISSIPPI AND COLUMBIA, TENNESSEE, SUGGEST THAT THE
COMPANY'S ESTIMATES MAY BE VERY LOW.
IN PARTICULAR, SHOULD CONTAINMENT EFFORST AT THE S-AREA SITE IN
NIAGARA FALLS AND THOSE ON LONG ISLAND FAIL, THE COST OF BUILDING
ALTERNATIVES WATER SUPPLY SYSTEMS WOULD BE IMMENSE AND WOULD BURDEN THE
TAXPAYERS OF THOSE COMMUNITIES AND THE STATE OF NEW YORK FOR YEARS TO
COME.
DUMP SITES
13.1. ABANDONED SITES
ALTHOUGH MANY WASTE SITESMAY BE LINKED TO GENERATORS OR OTHERS WHO
ARE RESPONSIBLE FOR THESE SITES, OFTEN THOSE RESPONSIBLE DO NOT HAVE THE
FINANCIAL RESOURCES TO TAKE THE NECESSARY REMEDIAL ACTION TO ABATE
DISCHARGES FROM THE SITE OR CLEANUP THE SITE ONCE THE PROBLEMS ARISE.
STATE AND LOCAL GOVERNMENTS HAVE BEEN FORCED TO TAKE SITES OVER AND PAY
FOR THE CLEANUP AND ABATEMENT ACTIVITIES. THESE EXPENSES WILL MOUNT AS
NEW PROBLEM SITES ARE DISCOVERED AND OWNERS AND OPERATORS OF THESE SITES
DECLARE BANKRUPTCY. MOREOVER, IN SOME CASES THE ORIGINAL OWNERS AND
OPERATORS EITHER CANNOT BE IDENTIFIED OR WENT OUT OF BUSINESS MANY YEARS
BEFORE THE PROBLEMS WERE DISCOVERED. THE FOLLOWING CASES ARE
ILLUSTRATIVE.
UNLIKE MOST ILLEGAL DUMP SITES, THE OWNER OF THE VALLEY OF THE DRUMS
HAS BEEN IDENTIFIED. MRS. T. A. TAYLOR (WHO INHERITED THE SITE FROM HER
HUSBAND) DOES NOT, HOWEVER, HAVE THE FUNDS NECESSARY TO CLEAN UP THE
SITE. ALTHOUGH THE STATE COULD TAKE LEGAL ACTION AGAINST MRS. TAYLOR,
ONLY A FRACTION OF THE COSTS OF CLEANUP COULD BE OBTAINED.
THE OWNERS OF THE CHEMICAL CONTROL FACILITY HAVE BEEN IDENTIFIED.
THE STATE OF NEW JERSEY ATTEMPTED, THROUGH EARLY ACTION, TO MOVE THE
OWNERS TO REDUCE THE INVENTORY ON SITE. THE OWNERS INSISTED THAT THIS
COULD ONLY BE DONE IF THE FACILITY WAS ALLOWED TO CONTINUE OPERATION.
THE STATE AGREED TO T/IS AND UNFORTUNATELY NOT ONLY WASN'T THEINVENTORY
REDUCED BUT IT ACTUALLY INCREASED. GIVEN THESE CIRCUMSTANCES, THE STATE
WAS FORCED TO TAKE OVER THE SITE TO ASSURE THAT CLEANUP WAS CARRIED OUT.
WHILE A SMALL AMOUNT OF MONEY WAS COLLECTED FROM THE COMPANY, CHEMICAL
CONTROL IS NOW BANKRUPT AND NEW JERSEY WILL HAVE TO BEAR MOST OF THE
REMAINING CLEANUP COSTS (SOME OF THE ORIGINAL GENERATORS OF THE WASTES
WILL PAY FOR REMOVAL AND PROPER STORAGE OF THEIR WASTES).
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 030 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110807
REPORT STUDY
TRANSCRIPT
HOUSE
/12/ STATEMENT OF THE HON. ANDREW J. MAGUIRE (D-N.J.) BEFORE THE
SUBCOMMITTEE ON OVERSIGHT AND INVESIGATIONS, APRIL 5, 1979, AT P. 5 OF
THE TRANSCRIPT.
/13/ IBID., AT P. 6.
MICROFORM REFILMED; SEE APPENDICES.
THE STATE OF CALIFORNIA WAS FORCED TO TAKE OVER THE STRINGFELLOW SITE
TO ENSURE THAT ITS MANAGEMENT WOULD NOT ENDANGER THE PROPERTY AND HEALTH
OF THOSE LIVING NEAR IT. THE STATE WAS UNABLE TO RECOVER ANY MONEY FROM
THE OWNERS.
THE MINERS AND MILLERS OF THE RADIUM NOW PRESENTING A MAJOR HAZARD IN
DENVER WENT OUT OF BUSINESS OVER 50 YEARS AGO. EVEN IF THE CITY COULD
FIND OUT WHO IS RESPONSIBLE, IT SEEMS HIGHLY UNLIKELY THAT THEY WOULD
HAVE THE FUNDS OR INCLINATION TO CLEAN UP THE PROBLEM.
AT THE APRIL 5, 1979 HEARING, CONGRESSMAN ANDREW MAGUIRE CALLED
ATTENTION TO ANOTHER ABANDONED SITE LOCATED IN NORTHERN NEW JERSEY A FEW
MILES FROM MANHATTAN:
THIS IS THE SO-CALLED VENTRON SITE LOCATED IN WOOD RIDGE, NEW JERSEY.
FROM 1937 TO 1974, THIS 40-ACRE PROPERTY WAS ONE OF THE WORLD'S LARGEST
MERCURY PROCESSING PLANTS. AS A RESULT, IT NOW HAS THE HIGHEST
CONCENTRATIONS OF MERCURY IN THE WORLD (AN ESTIMATED 150-300 TONS).
THIS HIGHLY TOXIC MERCURY HAS SATURATED THE SOIL. IT IS ALSO IN THE
AIR, AND IT IS ALSO SITTING IN BERRY'S CREEK, A TRIBUTARY OF NEWARK BAY.
/12/
IN 1978, THE STATE OF NEW JERSEY FILED SUIT AGAINST THE SIX PRESENT
AND FORMER OWNERS OF THE PROPERTY. BUT MR. MAGUIRE NOTED THAT:
THIS IS A CASE WHERE EACH OF THE DEFENDANTS HAS SAID: "I DIDN'T DO
IT; IT WAS THE GUY BEFORE ME." NO ONE IS ASSUMING RESPONSIBILITY. IF
THE STATE LOSES THE SUIT, NO ONE KNOWS WHERE THE 4 MILLION DOLLARS OR
MORE WILL COME FROM TO CLEAN UP THE SITE. /13/
CONSPICUOUSLY ABSENT FROM THIS LIST IS THE LOVE CANAL. ALTHOUGH WE
ARE NOT CONVINCED THAT THE CANAL IS AN ABANDONED SITE, IT DOES
ILLUSTRATE SOME OF THE PROBLEMS ENCOUNTERED BY THE GOVERNMENT WHEN
DEALING WITH ABANDONED SITES. HERE IT IS CLEAR THAT THE SITE IS OWNED
BY THE BOARD OF EDUCATION OF THE CITY OF NIAGARA FALLS, LOCAL RESIDENTS
AND ANOTHER PRIVATE PARTY. ALTHOUGH IT HAS BEEN SUGGESTED THAT THE
BOARD OF EDUCATION OF THE CITY OF NIAGARA FALLS, LOCAL RESIDENTS AND
ANOTHER PRIVATE PARTY. ALTHOUGH IT HAS BEEN SUGGESTED THAT THE BOARD OF
EDUCATION CONTRIBUTED TO THE PROBLEM BY IMPROPERLY CARING FOR THE SITE,
IT STILL SEEMS THAT THE HOOKER CHEMICAL COMPANY IS AT LEAST PARTIALLY
RESPONSIBLE FOR THE PROBLEMS WHICH HAVE DEVELOPED SINCE IT ORIGINALLY
OWNED AND OPERATED AND THEN CLOSED THE SITE.
CLEARLY NEITHER THE BOARD OF EDUCATION NOR THE CITY NOR THE RESIDENTS
OF THE AREA HAVE THE FUNDS TO PAY FOR THE CLEAN-UP OR CONTAINMENT OF THE
SITE AND ITS CONTENTS. WHETHER HOOKER IS STILL RESPONSIBLE FOR THE
CONTENTS OF THE SITE AND SHOULD THEREFORE PAY FOR THE CLEAN-UP IS A
MATTER OF DISPUTE.
NEVERTHELESS, IN THE LOVE CANAL SITUATION THE CITY OF NIAGARA FALLS,
THE STATE OF NEW YORK AND THE FEDERAL GOVERNMENT HAVE BEEN FORCED TO
EXPEND MILLIONS OF DOLLARS OF TAX REVENUES IN AN EFFORT TO REDUCE THE
DANGER POSED BY THE SITE.
THE SUBCOMMITTEE REVIEW OF PROBLEM SITES ALSO INDICATES THAT MANY
ON-SITE DISPOSAL FACILITIES, I.E., FACILITIES OWNED AND OPERATED BY
GENERATORS OF HAZARDOUS WASTE WHETHER THESE FACILITIES ARE ON LAND
CONTIGUOUS TO THE MANUFACTURING FACILITIES THEMSELVES OR NOT, POSE
SIGNIFICANT PROBLEMS.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 031 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110808
REPORT STUDY
TRANSCRIPT
HOUSE
/14/ HOW TO DISPOSE OF HAZARDOUS WASTE--A SERIOUS QUESTION THAT NEEDS
TO BE RESOLVED, GENERAL ACCOUNTING OFFICE, DEC. 19, 1978, CED 79. 13
AT PP. 4-11.
/15/ TESTIMONY OF ALBERT HAZLE, DIRECTOR OF THE RADIATION AND
HAZARDOUS WASTE DIVISION OF THE COLORADO DEPARTMENT OF HEALTH, BEFORE
THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, MAY 23, 1979, AT P. 46
OF THE TRANSCRIPT.
IN MANY WAYS THESE FACILITIES POSE PROBLEMS AS SERIOUS AS THOSE POSED
BY ABANDONED SITES. REGULATION OF THESE FACILITIES IS MINIMAL AT BEST.
MANY STATES REQUIRE LITTLE IF ANY INFORMATION ON ON-SITE FACILITIES.
PROBLEMS OF ON-SITE FACILITIES ARE ILLUSTRATED BY THE HARDEMAN COUNTY,
S-AREA, MONTAGUE, AND LATHROP DISPOSAL FACILITIES. ALTHOUGH ULTIMATELY
IT MAY BE POSSIBLE FOR THE OWNERS OF THESE SITES TO PAY FOR THE CLEANUP,
IT HAS OFTEN BEEN DIFFICULT FOR THE GOVERNMENT TO FIND OUT ABOUT
PROBLEMS CREATED BY THE SITES BEFORE SEVERE DAMAGE IS DONE.
THE HYDE PARK CASE ILLUSTRATES ANOTHER PROBLEM WITH REGARD TO ON-SITE
FACILITIES. IN MANY INSTANCES, INDUSTRIAL DEVELOPMENT IS CONCENTRATED
GEOGRAPHICALLY. THE HYDE PARK DUMP SITE IS NOT LOCATED ON THE PLANT
GROUNDS BUT IT MIGHT JUST AS WELL HAVE BEEN. WORKERS FROM THREE
ADJOINING PLANTS WERE THREATENED BY TOXIC CHEMICALS EMANATING FROM THE
DUMP SITE. THUS ARISES THE INCREDIPLE POSSIBILITY OF EMPLOYEES BEING
PROTECTED BY THE OCCUPATIONAL SAFETY AND HEALTH ACT FROM TOXIC SUBSTANES
IN THE WORK PLACE BUT CONTRACTING OCCUPATIONAL DISEASES IN THE PARKING
LOT.
BECAUSE OFINADEQUATE DISPOSAL OF HAZARDOUS WASTES IN THE PAST, THE
PUBLIC IS GENERALLY UNWILLING TO ACCEPT SUCH SITES NEAR WHERE THEY LIVE,
REGARDLESS OF THE QUALITY OF THE SITES. AS A RESULT, THE NATION
CURRENTLY IS FACING A CRITICAL SHORTAGE OF SAFE DISPOSAL SITES FOR
HAZARDOUS WASTE. THE GENERAL ACCOUNTING OFFICE, IN ITS REPORT HOW TO
DISPOSE OF HAZARDOUS WASTE--A SERIOUS QUESTION THAT NEEDS TO BE
RESOLVED, SUMS UP THE PROBLEM:
ADEQUATE TREATMENT AND DISPOSAL CAPACITY IS CRITICAL TO CARRYING OUT
THE HAZARDOUS WASTE REGULATORY PROGRAM. HOWEVER, THERE IS CURRENTLY A
SHORTAGE OF SUITABLE DISPOSAL FACILITIES AND THE PROBLEM WILL BECOME
MORE ACUTE AS (1) ADDITIONAL WASTES ARE FOUND TO BE HAZARDOUS, (2)
WASTES STORED OR DISPOSED OF IN AN ENVIRONMENTALLY UNSOUND MANNER MAY
REQUIRE PROPER DISPOSAL, AND (3) WASTES PRESENTLY TREATED AND DISPOSED
OF ON COMPANY PROPERTY MAY BE TAKEN TO OFFSITE DISPOSAL FACILITIES. IN
ADDITION, APPRECIABLE REDUCTIONS IN THE VOLUME OF WASTE REQUIRING
DISPOSAL CANNOT BE EXPECTED AT PRESENT. /14/
CLEAN UP OF SOME DANGEROUS SITES HAS ALREADY BEEN SERIOUSLY AFFECTED
BY THE SHORTAGE OF SAFE SITES. FOR EXAMPLE, THE STATE OF NEW JERSEY
TESTIFIED BEFORE THE SUBCOMMITTEE THAT IS WAS HAVING DIFFICULTY FINDING
A HOME AT A REASONABLE PRICE, FOR DISPOSAL OF THE 40,000 PLUS BARRELS OF
CHEMICALS AT CHEMICAL CONTROL IN ELIZABETH. SIMILARLY, THE STATE OF
KENTUCKY INFORMED THE SUBCOMMITTEE THAT IT WAS HAVING DIFFICULTY
LOCATING A SAFE HOME FOR THE 17,000 PARTIALLY BURIED DRUMS AT THE VALLEY
OF THE DRUMS.
THE COLORADO DEPARTMENT OF HEALTH INFORMED THE SUBCOMMITTEE THAT IT
WAS HAVING DIFFICULTY FINDING A DISPOSAL SITE FOR THE MORE THAN 70,000
CUBIC FEET OF RADIUM-CONTAMINATED SOIL IT HAS DISCOVERED IN DENVER,
COLORADO. /15/
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 032 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110809
REPORT STUDY
TRANSCRIPT
HOUSE
/16/ TESTIMONY OF ROBERT S. FLACKE, NEW YORK STATE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION, BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND
INVESTIGATIONS, JUNE 19, 1979, AT P. 47 OF THE TRANSCRIPT.
/17/ TESTIMONY OF EUGENE F. MOONEY, SECRETARY, DEPARTMENT FOR NATURAL
RESOURCES AND ENVIRONMENTAL PROTECTION, COMMONWEALTH OF KENTUCKY BEFORE
THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS JUNE 19, 1979, AT P. 53
OF THE TRANSCRIPT.
/18/ TESTIMONY OF WILLIAM CHICCA, CHIEF OF INDUSTRIAL AND HAZARDOUS
SUBSTANCES DIVISION OF THE MARYLAND WATER RESOURCES ADMINISTRATION,
BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, JUNE 5, 1979,
AT P. 37 OF THE TRANSCRIPT.
/19/ TESTIMONY OF DR. HARVEY F. COLLINS, ACTING CHIEF, HAZARDOUS
WASTE MATERIALS MANAGEMENT SECTION, CALIFORNIA STATE DEPARTMENT OF
HEALTH SERVICES, BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND
INVESTIGATIONS, JUNE 19, 1979, AT P. 8 OF THE TRANSCRIPT.
THE SCARCITY OF THESE SITES IS POSING A MAJOR IMMEDIATE PROBLEM IN
MANY STATES. ROBERT S. FLACKE, NEW YORK STATE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION, MADE THE FOLLOWING OBSERVATION:
WE ARE FINDING OUT THAT THE ABILITY FOR OUR COUNTRY AND OUR STATE TO
ABSORB THIS EXCESS WASTE IS BECOMING EXTREMELY DIFFICULT. THAT IS
POSING A PROBLEM FOR NEW YORK STATE IN THAT WE HAVE ONLY TWO APPROVED
HAZARDOUS WASTE LAND FACILITIES AVAILABLE TO OUR INDUSTRY. /16/
BESIDES THE FACT THAT THE NUMBER OF STATE SITES IS CLEARLY INADEQUATE
TO HANDLE THE HAZARDOUS WASTE NOW BEING GENERATED THE TRANSPORTATION
COSTS TO THESE FEW SITES ARE OFTEN PROHIBITIVE. FOR EXAMPLE, IN THE
CASE OF THE VALLEY OF THE DRUMS, THE STATE HAS LEARNED THAT IT CAN ONLY
DISPOSE OF ITS MATERIALS AT A HANDFUL OF SITES. WITH THE EXCEPTION OF
ONE SITE OUTSIDE OF CINCINNATI, OHIO, THE OTHER SITES ARE OVER 1,000
MILES AWAY. THE STATE ESTIMATED IT WOULD COST SEVERAL MILLION DOLLARS
TO TRANSPORT THE MATERIALS TO A SAFE SITE. /17/
THE STATE OF MARYLAND, WHICH HAS ONE OF THE MOST SUCCESSFUL HAZARDOUS
WASTE MANAGEMENT PROGRAMS, INFORMED THE SUBCOMMITTEE ON JUNE 5, 1979,
THAT LIKE OTHER STATES, IT FACED A MAJOR SITING PROBLEM. MR. WILLIAM
CHICCA, CHIEF OF INDUSTRIAL AND HAZARDOUS SUBSTANCES DIVISION OF THE
MARYLAND WATER RESOURCES ADMINISTRATION, NOTED THAT:
SINCE THE PASSAGE OF RESOURCE CONSERVATION AND RECOVERY ACT, FEW IF
ANY NEW SITES FOR THE DISPOSAL OF HAZARDOS WASTE HAVE BEEN SITED
THROUGHOUT THE COUNTRY. NONE HAVE BEEN SITED IN MARYLAND. /18/
DR. HARVEY COLLINS OBSERVED THAT IN CALIFORNIA:
. . .PAST ATTEMPTS TO OBTAIN APPROVAL FOR HAZARDOUS WASTE LANDFILLS
HAVE GONE DOWN TO DEFEAT AT THE LOCAL LEVEL DUE TO LOCAL OPPOSITION.
/19/
THE GENERAL ACCOUNTING OFFICE HAS DOCUMENTED EXAMPLES OF PUBLIC
OPPOSITION TO SITES THROUGHOUT THE COUNTRY. THE FOLLOWING EXAMPLE IS
ILLUSTRATIVE:
IN 1975 THE EPA GRANTED THE MINNESOTA POLLUTION CONTROL AGENCY $3.7
MILLION TO ESTABLISH A CHEMICAL LANDFILL. THE PURPOSE OF THE GRANT WAS
TO DEMONSTRATE THAT A CHEMICAL LANDFILL COULD BE OPERATED IN AN
ENVIRONMENTALLY SAFE MANNER. AFTER IDENTIFYING 40 POTENTIAL SITE
LOCATIONS, THE AGENCY NARROWED THE SELECTION TO 12 LOCATIONS. ALL 12
PROPOSED LOCATIONS WERE REJECTED BECAUSE OF PUBLIC OPPOSTITION.
COUNTY COMMISSIONERS REPRESENTING THE PEOPLE NEAR THE PROPOSED SITES
PASSED RESOLUTIONS THAT A HAZARDOUS WASTE DISPOSAL SITE COULD NOT BE
LOCATED IN THEIR AREA AND THREATENED TO FIGHT ANY SUCH SITE IN EVERY WAY
POSSIBLE. AS A RESULT, THE MINNESOTA POLLUTION CONTRO L AGENCY
ABANDONED THE IDEA OF USING ANY OF THE SITES.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 033 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110810
REPORT STUDY
TRANSCRIPT
HOUSE
/20/ HOW TO DISPOSE OF HAZARDOUS WASTE--A SERIOUS QUESTION THAT NEEDS
TO BE RESOLVED, GENERAL ACCOUNTING OFFICE, DEC. 19, 1978, CED 79-13, AT
P. 13.
THE CONTROL AGENCY THEN IDENTIFIED FOUR NEW LOCATIONS FOR THE
PROJECT. AT EACH OF FOUR PUBLIC INFORMATION MEETINGS, MANY PEOPLE
DECLARED THEY DID NOT WANT A HAZARDOUS WASTE SITE LOCATED NEAR THEM. IN
AUGUST 1978, NO SITE HAD BEEN LOCATED, AND THE CONTROL AGENCY, UNABLE TO
MEET ITS GRANT DEADLINES, RETURNED THE GRANT MONEY TO EPA. /20/
THE DISCOVERY OF ADDITIONAL HAZARDOUS WASTE SITE DISASTERS HAS CAUSED
GREAT PUBLIC ALARM. UNDERSTANDABLY, CITIZENS THROUGHOUT THE COUNTRY ARE
WARY ABOUT THE PLACING OF A HAZARDOUS WASTE DUMP IN THEIR BACKYARD.
WITHOUT A DOUBT, MUCH OF THIS CONCERN WHICH HAS BEEN TRANSLATED INTO
PUBLIC OPPOSITION TO THE SITING OF DISPOSAL FACILITIES IS JUSTIFIED BY
INADEQUATE HAZARDOUS WASTE MANAGEMENT PRACTICES. MOREOVER, IN SOME
PARTS OF THE COUNTRY, THE ESTABLISHMENT OF HAZARDOUS WASTE DUMPS IS
IMPRACTICABLE BECAUSE OF GEOLOGICAL AND METEOROLOGICAL CONDITIONS.
THE MOST OBVIOUS LONG RUN SOLUTION TO THE PROBLEM IS TO MINIMIZE THE
USE OF LANDFILLS FOR DISPOSAL OF TOXIC WASTES. THIS WILL REQUIRE AN
ACCELERATION OF THE TREND TOWARD RECYCLING WASTE PRODUCTS AND THE
DEVELOPMENT OF ECONOMICALLY FEASIBLE TECHNOLOGY FOR THE NEUTRALIZATION
OF THOSE WASTES WHICH CANNOT BE RECYCLED. FEDERAL RESEARCH DOLLARS
SHOULD SUPPORT BOTH OF THESE PROGRAMS.
AS MINIMUM MEASURES TO REBUILD PUBLIC CONFIDENCE IN THE EFFICACY OF
HAZARDOUS WASTE REGULATION, STATE AND LOCAL GOVERNMENTS AS WELL AS EPA
SHOULD ENCOURAGE MAXIMUM PUBLIC PARTICIPATION IN SITING DECISIONS.
VIGOROUS MONITORING AND OTHER ENFORCEMENT ACTION WILL ULTIMATELY RESTORE
FAITH IN THE ABILITY OF GOVERNMENT TO PROTECT THE PUBLIC HEALTH. A BAN
BY EPA ON THE DISPOSAL OF PARTICULARLY DANGEROUS TOXIC CHEMICALS,
ESPECIALLY CERTAIN ORGANICS, IN LANDFILLS WILL ALSO HELP TO REBUILD
PUBLIC CONFIDENCE.
HOWEVER, AT LEAST FOR THE TIME BING, SITES MUST BE FOUND FOR PROPERLY
PLANNED FACILITIES. THE GOVERNMENT'S FAILURE TO REGULATE HAZARDOUS
WASTE PRACTICES HAS ALREADY COST THE NATION MILLIONS IN PROPERTY DAMAGE,
ILLNESS AND NATURAL RESOURCE DESTRUCTION.
THE SUBCOMMITTEE BELIEVES THAT THE GENERAL PUBLIC WILL NOT REVERSE
ITS BASIC OPPOSITION TO THE SITING OF DISPOSAL FACILITIES IN THE NEAR
FUTURE. GIVEN THIS FACT AND THE IMMEDIATE NEED FOR SAFE DISPOSAL
FACILITIES, THE ONLY SOLUTION MAY BE TO LOCATE NEW FACILITIES ON FEDERAL
OR STATELAND.
ANOTHER POSSIBLE APPROACH TO THIS PROBLEM WOULD BE TO PROVIDE THROUGH
LAW, SPECIAL FEDERAL OR STATE EMINENT DOMAIN POWERS TO ALLOW THESE
GOVERNMENT ENTITIES TO SITE FACILITIES WHERE THEY ARE NEEDED.
DISPOSAL OF HAZARDOUS WASTES
A. THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976: "TO
ELIMINATE THE LAST REMAINING LOOPHOLE IN ENVIRONMENTAL LAW".
THE FEDERAL AND STATE GOVERNMENTS ARE NOT POWERLESS TO COMBAT THE
PROBLEM OF HAZARDOUS WASTE DISPOSAL.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 034 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110811
REPORT STUDY
TRANSCRIPT
HOUSE
/21/ INTERSTATE AND FOREIGN COMMERCE COMMITTEE, HOUSE REPT. 1491, TO
ACCOMPANY H.R. 14496, 94TH CONGRESS, 2D SESSION, 1976 P. 4.
/22/ CLEAN AIR ACT, AS AMENDED, 42 U.S.C. 7401 ET. SEQ.
/23/ FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED, 33 U.S.C. 1251
ET. SEQ.
/24/ SAFE DRINKING WATER ACT, 42 U.S.C. 300F ET. SEQ.
/25/ HOUSE REPT. 94-1491 AT PP. 4-5.
/26/ IDEM.
/27/ IDEM.
/28/ IDEM.
IN FACT, THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) PUBLIC LAW
NO. 94-580, WHICH WAS SIGNED INTO LAW ON OCTOBER 21, 1976, AS AN
AMENDMENT TO THE SOLID WASTE DISPOSAL ACT (42 USC 3251 ET. SEW.), WAS
SPECIFICALLY DESIGNED TO "ELIMINATE THE LAST REMAINING LOOPHOLE IN
ENVIRONMENTAL LAW, THAT OF UNREGULATED LAND DISPOSALOF DISCARDED
MATERIALS AND HAZARDOUS WASTES". /21/
AT THE TIME OF THE BILL'S PASSAGE, THE CONGRESS HAD ALREADY ENACTED
LEGISLATION TO REGULATE AIR, /22/ SURFACE WATER, /22/ AND DRINKING WATER
POLLUTION. /24/ WHILE EACH OF THESE STATUTES DEALTH WITH CONTAMINATION
OF THE ENVIRONMENT BY TOXIC AND HAZARDOUS SUBSTANCES, NONE OF
THEMSPECIFICALLY ADDRESSED THE DISPOSAL OF TOXIC AND HAZARDOUS
SUBSTANCES ON LAND. IRONICALLY, THE EARLIER STATUTES ACTUALLY ADDED TO
THE AMOUNT OF HAZARDOUS WASTE DISPOSED OF ON LAND. THE REPORT OF THE
INTERSTATE AND FOREIGN COMMERCE COMMITTEE STATES:
AT PRESENT THE FEDERAL GOVERNMENT IS SPENDING BILLIONS OF DOLLARS TO
REMOVE POLLUTANTS FROM THE AIR AND WATER ONLY TO DISPOSE OF SUCH
POLLUTANTS ON THE LAND AND IN AN ENVIRONMENTALLY UNSOUND MANNER. /25/
FOR EXAMPLE, WITH THE ENACTMENT OF THE CLEAN WATER ACT, A LARGE
AMOUNT OF TOXIC AND HAZARDOUS MATERIAL IS REMOVED FROM NAVIGABLE WATERS,
BUT THEN IT IS SOLIDIFIED AND DISPOSED OF ON LAND. AS A RESULT OF THE
CLEAN AIR ACT, MUCH TOXIC MATERIAL SCRUBBED FROM THE STACKS OF
INDUSTRIES AND MUNICIPALITIES THROUGHOUT THE COUNTRY IS COLLECTED IN THE
SOLID FORM AND ALSO DISTRIBUTED IN PUBLIC LANDFILLS AND OTHER DISPOSAL
SITES. THUS, FEDERAL POLLUTION CONTROL EFFORTS WITH RESPECT TO WATER
AND AIR HAVE INCREASED SUBSTANTIALLY THE DIFFICULTIES INVOLVED IN THE
DISPOSAL OF HAZARDOUS WASTE MATERIALS.
IN PASSING RCRA, CONGRESS ALSO RECOGNIZED THE CONVERSE--THAT FAILURE
TO PROPERLY DISPOSE OF HAZARDOUS WASTES WAS ACTUALLY PLACING AN
ADDITIONAL BURDEN ON THE AIR, SURFACE WATER AND DRINKING WATER PROGRAMS.
AS THE HOUSE COMMERCE COMMITTEE REPORT OBSERVES:
THE EXISTING METHODS OF LAND DISPOSAL OFTEN RESULT IN AIR POLLUTION,
SUBSURFACE LEACHATE AND SURFACE RUN-OFF WHICH AFFECT AIR AND WATER
QUALITY. /26/
THE REPORT STATES FURTHER THAT THE COMMITTEE BELIEVED THAT RCRA ". .
.IS NECESSARY IF OTHER ENVIRONMENTAL LAWS ARE TO BE BOTH COST AND
ENVIRONMENTALLY EFFECTIVE. /27/
TO ASSURE THAT PROPER DISPOSAL OF WASTE ON LAND WOULD BE CONSIDERED A
PRIORITY WITHIN EPA, THE CONGRESS CREATED THROUGH TITLE II OF RCRA, A
STATUTORY OFFICE OF SOLID WASTE, TO BE HEADED BY A DEPUTY ASSISTANT
ADMINISTRATOR.
THE HOUSE COMMERCE COMMITTEE REPORT STRESSES THAT TAKING THIS ACTION
WOOULD PROVIDE THE PROGRAM WITH ". . .CONGRESSIONAL DIRECTION AND
REGULATORY AUTHORITY WHICH THE EXISTING (ADMINISTRATIVE) OFFICE OF SOLID
WASTE MANAGEMENT DOES NOT HAVE". /28/
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 035 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110812
REPORT STUDY
TRANSCRIPT
HOUSE
/29/ SECTION 1002(B) (5) OF THE RESOURCE CONSERVATION AND RECOVERY
ACT OF 1976, PUBLIC LAW NO. 94-580, 42 U.S.C. 6901 ET. SEQ.
/30/ SECTION 3001 OF RCRA.
/31/ SECTION 3002 OF RCRA.
/32/ SECTION 303 OF RCRA.
/33/ SECTION 3004 OF RCRA.
/34/ SECTION 3005 OF RCRA.
/35/ IDEM.
FOR STATE MANAGEMENT OF HAZARDOUS WASTE DISPOSAL
RECOGNIZING THAT "HAZARDOUS WASTE PRESENTS, IN ADDITION TO THE
PROBLEMS ASSOCIATED WITH NON-HAZARDOUS SOLID WASTE, SPECIAL DANGERS TO
HEALTH AND REQUIRES A GREATER DEGREE OF REGULATION THAN DOES
NON-HAZARDOUS SOLID WASTE"; /29/ THE CONGRESS ENACTED A SPECIAL SECTION
IN RCRA DIRECTING EPA TO CREATE A STANDARDIZED NATIONAL SYSTEM FOR
REGULATING HAZARDOUS WASTE.
SUBTITLE C OF THE ACT CALLS FOR THE CREATION OF A "CRADLE TO GRAVE"
REGULATORY SYSTEM FOR HAZARDOUS WASTES. SECTIONS 3001-3005 DIRECT EPA
TO IDENTIFY AND LIST THE CHARACTERISTICS OF HAZARDOUS WASTES; /30/ AND
TO DEVELOP STANDARDS APPLICABLE TO WASTE GENERATORS, /31/ TRANSPORTORS,
/32/ AND OWNERS AND OPERATORS /33/ OF HAZARDOUS WASTE TREATMENT STORAGE
AND DISPOSAL FACILITIES. /34/ THE ACT ALSO REQUIRES THE ADMINISTRATOR
TO DEVELOP STANDARDS FOR ISSUING PERMITS FOR THE TREATMENT, STORAGE, OR
DISPOSALOF HAZARDOUS WASTE. /35/ SECTION 3006 DIRECTS THE ADMINISTRATOR
TO DEVELOP GUIDELINES FOR AUTHORIZING THE ESTABLISHMENT OF STATE
HAZARDOUS WASTE PROGRAMS. AND SECTION 3010 REQUIRES ANY GENERATOR,
TRANSPORTER, STORER OR DISPOSER OF HAZARDOUS WASTE TO NOTIFY EPA OF ITS
ACTIVITIES.
ESSENTIALLY, LIKE THE SAFE DRINKING WATER ACT, THE WATER POLLUTION
CONTROL ACT, AND OTHER FEDERAL ENVIRONMENTAL ACTS, THE RESOURCE
CONSERVATION AND RECOVERY ACT ENVISIONS A HAZARDOUS WASTE REGULATORY
PROGRAM MANAGED BY STATE GOVERNMENTS IN COOPERATION WITH THE FEDERAL
GOVERNMENT. APPROVED STATE PROGRAMS WOULD FOR THE MOST PART BEAR THE
RESPONSIBILITY FOR ACHIEVING HAZARDOUS WASTE CONTROL.
EPA'S RESPONSIBILITY IS TO PROMULGATE MINIMUM NATIONAL STANDARDS AS
THE BASIS FOR THE DEVELOPMENT OF STATE REGULATORY PROGRAMS. IN ORDER TO
INSURE THE DEVELOPMENT OF THESE STANDARDS WITHIN A REASONABLE PERIOD OF
TIME, THE CONGRESS PLACED IN THE ACT SPECIFIC DEADLINES FOR THE
PROMULGATION OF FINAL STANDARDS. SECTIONS 3001-3006 PF THE ACT
SPECIFICALLY DIRECT THE ADMINISTRATOR OF EPA TO PROMULGATE FINAL
STANDARDS WITHIN 18MONTHS OF THE ENACTMENT OF THE ACT. THE DEADLINE,
THEREFORE, FOR PROMULGATION OF STANDARDS UNDER THE ACT WAS APRIL 1978.
IN ORDER TO FACILITATE ENFORCEMENT OF THESE PROVISIONS, SECTION 3008
PROVIDES THAT EPA NEED ONLY DEMONSTRATE TO A COURT THAT A WASTE IS
HAZARDOUS ACCORDING TO THE DEFINITIONS SET OUT IN REGULATIONS
ESTABLISHED UNDER THE ACT OR THE LANGUAGE OF THE ACT ITSELF AND THAT
THIS WASTE IS BEING TRANSPORTED, STORED, TREATED OR DISPOSED OF IN
VIOLATION OF OTHER SECTIONS OF THE ACT OR OF REGULATIONS ESTABLISHED BY
EPA.
SECTION 3008 PROVIDES FOR BOTH CIVILAND CRIMINAL ACTIONS AGAINST
VIOLATORS. IN THE CASE OF CIVIL VIOLATIONS, EPA CAN GO TO COURT TO
FORCE A COMPANY TO TAKE CORRECTIVE ACTION TO ABATE THE PROBLEM OR FACE A
FINE OF NOT MORE THAN $25,000 A DAY FOR THE VIOLATION.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 036 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110813
REPORT STUDY
TRANSCRIPT
HOUSE
ANY PERSON WHO KNOWINGLY VIOLATES THE ACT SHALL, UPON CONVICTION, BE
SUBJECT TO A FINE OF NOT MORE THAN $25,000 FOR EACH DAY OF VIOLATION OR
TO A MAXIMUM OF ONE YEAR IN PRISON, OR BOTH. IF A PERSON IS CONVICTED
OF A KNOWING VIOLATION OF THE ACT A SECOND TIME, THAT PERSON MAY BE
FINED UP TO $50,000 A DAY PER VIOLATION, SENTENCED TO A MAXIMUM OF 2
YEARS IMPRISONMENT, OR BOTH.
AS THE PREVIOUS DESCRIPTION REVEALS, RCRA IS BASICALLY A PROSPECTIVE
ACT DESIGNED TO PREVENT IMPROPER DISPOSAL OF HAZARDOUS WASTES IN THE
FUTURE. THE ONLY TOOL THAT IT HAS TO REMEDY THE EFFECTS OF PAST
DISPOSAL PRACTICES WHICH WERE NOT SOUND IS ITS IMMINENT HAZARD
AUTHORITY.
LIKE A NUMBER OF OTHER ENVIRONMENTAL AND HEALTH ACTS, THE RESOURCE
CONSERVATION AND RECOVERY ACT AUTHORIZES THE EPA ADMINISTRATOR TO GO TO
FEDERAL COURT AND SEEK THE ABATEMENT OF A HAZARDOUS WASTE PROBLEM IF HE
DETERMINES THAT THE TRANSPORTATION, GENERATION, STORAGE, DISPOSAL, OR
TREATMENT OF SUCH WASTE PRESENTS AN IMMINENT HAZARD TO MAN OR THE
ENVIRONMENT. THIS POWER IS GRANTED THE ADMINISTRATOR IN SECTION 7003 OF
RCRA, WHICH STATES THAT:
NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, UPON RECEIPT OF
EVIDENCE THAT THE HANDLING, STORAGE, TREATMENT, TRANSPORTATION, OR
DISPOSAL OF ANY. . .HAZARDOUS -ASTE IS PRESENTING AN IMMINENT AND
SUBSTANTIAL ENDANGERMENT TO HEALTH OR THE ENVIRONMENT, THE ADMINISTRATOR
MAY BRING SUITON BEHALF OF THE UNITED STATES IN THE APPROPRIATE DISTRICT
COURT TO IMMEDIATELY RESTRAIN ANY PERSON FROM CONTRIBUTING TO THE
ALLEGED DISPOSAL TO STOP SUCH HANDLING, STORAGE, TREATMENT,
TRANSPORTATION, OR DISPOSAL OR TO TAKE SUCH OTHER ACTION AS MAY BE
NECESSARY.
LIKE OTHER "IMMINENT AND SUBSTANTIAL ENDANGERMENT" PROVISIONS IN
ENVIRONMENTAL STATUTES (E.G., SECTION 504 OF THE CLEAN WATER ACT,
SECTION 303 OF THE CLEAN AIR ACT AND SECTION 1431 OF THE SAFE DRINKING
WATER ACT), SECTION 7003 IS ESSENTIALLY A CODIFICATION OF THE COMMON LAW
PUBLIC NUISANCE. THE CONGRESS MADE THIS INTENT CLEAR AS EARLY AS 1948
WHEN, IN SECTION 2(D) OF THE WATER POLLUTION CONTROL ACT (THE FORERUNNER
OF PRESENT DAY IMMINENT HAZARD PROVISIONS), IT EXPRESSLY DECLARED THAT
"THE POLLUTION OF INTERSTATE WATERS. . .WHICH ENDANGERS THE HEALTH OR
WELFARE OF PERSONS. . .IS HEREBY DECLARED TO BE A PUBLIC NUISANCE AND
SUBJECT TO ABATEMCNT AS HEREIN PROVIDED" AND AUTHORIZED THE APPROPRIATE
FEDERAL OFFICIAL TO REQUEST THE ATTORNEY GENERAL TO BRING SUIT ON BEHALF
OF THE UNITED STATES TO "SECURE ABATEMENT OF THE POLLUTION."
SECTION 7003 INCORPORATES THE LEGALTHEORIES USED FOR CENTURIES TO
ASSESS LIABILITY FOR CREATING A PUBLIC NUISANCE (INCLUDING INTENTIONAL
TORT, NEGLIGENCE AND STRICT LIABILITY) FOR DETERMINING APPROPRIATE
REMEDIES. TERMS SUCH AS "IMMINENT" AND "SUBSTANTIAL" HAVE A RICH
JUDICIAL HISTORY FROM COMMON LAW NUISANCE ACTIONS.
HOWEVER, SECTION 7003 SHOULD NOT BE CONSTRUED SOLELY WITH RESPECT TO
THE COMMON LAW. SOME TERMS AND CONCEPTS, SUCH AS PERSONS "CONTRIBUTING
TO "DISPOSAL RESULTING IN A SUBSTANTIAL ENDANGERMENT, ARE MEANT TO BE
MORE LIBERAL THAN THEIR COMMON LAW COUNTERPARTS. FOR EXAMPLE, A COMPANY
THAT GENERATES HAZARDOUS WASTE WOULD BE SOMEONE "CONTRIBUTING TO" AN
ENDANGERMENT UNDER SECTION 7003 EVEN WHERE SOMEONE ELSE DEPOSITED THE
WASTE IN AN IMPROPER DISPOSAL SITE (SIMILAR TO STRICT LIABILITY UNDER
COMMON LAW).
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 037 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110814
REPORT STUDY
TRANSCRIPT
HOUSE
/36/ ENVIRONMENTAL NEWS, "EPA LISTS HAZARDOUS WASTE SITES," EPA PRESS
RELEASE, NOV. 21, 1978. WHILE THE PRESS RELEASE SAID THAT "638" SITES
CONTAINED A SIGNIFICANT AMOUNT OF HAZARDOUS WASTE, IT WAS IN ERROR. EPA
SUBZEQUENTLY INDICATED THAT THE CORRECT NUMBER OF SITES IS 838.
/37/ LETTER FROM HON. ALBERT GORE, JR. TO HON. DOUGLAS M. COSTLE,
ADMINISTRATOR, EPA, OF NOVE. 21, 1978.
SECTION 7003 IS DESIGNED TO PROVIDE THE ADMINISTRATOR WITH OVERRIDING
AUTHORITY TO RESPOND TO SITUATIONS INVOLVING A SUBSTANTIAL ENDANGERMENT
TO HEALTH OR THE ENVIRONMENT, REGARDLESS OF OTHER REMEDIES AVAILABLE
THROUGH THE PROVISIONS OF THE ACT. THE ACTION'S BROAD AUTHORITY TO TAKE
SUCH OTHER ACTIONS AS MAY BE NECESSARY INCLUDES BOTH SHORT AND LONG
TERMINJUNCTIVE RELIEF, RANGING FROM CONSTRUCTION OF DIKES TO THE
ADOPTION OF CERTAIN TREATMENT TECHNOLOGIES, UPGRADING OF DISPOSAL
FACILIITES, AND REMOVAL AND INCINERATION.
IMMINENCE IN THIS SECTION APPLIES TO THE NATURE OF THE THREAT RATHER
THAN IDENTIFICATION OF THE TIME WHEN THE ENDANGERMENT INITIALLY AROSE.
THE SECTION, THEREFORE, MAY BE USED FOR EVENTS WHICH TOOK PLACE AT SOME
TIME IN THEPAST BUT WHICH CONTINUE TO PRESENT A THREAT TO THE PUBLIC
HEALTH AND THE ENVIRONMENT. ADDITIONALLY, USE OF THE IMMINENT HAZARD
PROVIDIONS OF THIS ACT DOES NOT PRECLUDE FURTHER ENFORCEMENT ACTIONS
AGAINST THE VIOLATORS.
THIS AUTHORITY IS OF LIMITED UTILITY FOR SEVERAL REASONS. FIRST, IT
IS NOT PREVENTATIVE. IT REQUIRES THAT AN ACTUAL HAZARD EXISTS. SECOND,
EPA CAN ONLY EXERCISE THIS AUTHORITY WHERE THE OWNER OR RESPONSIBLE
PARTY IS IDENTIFIABLE AND FINANCIALLY AND OTHERWISE ABLE TO REMEDY IT.
THIRD, EVEN WHERE THESE CONDITIONS OBTAIN, THE "IMMINENT AND
SUBSTANTIAL" TEST CARRIES A HIGH BURDEN OF PROOF IN COURT. FOURTH, ANY
REMEDIAL EFFORTS CAN ONLY BEGIN AFTER SUCCESSFUL JUDICIAL ACTION, WHICH
CAN TAKE A LONG TIME.
IN ADDITION, IF THE PERPETRATOR IS UNKNOWN; IF THE PERPETRATOR
CANNOT BE LOCATED, CANNOT AFFORD TO CLEAN UP, OR DECLARES BANKRUPTCY AND
WALKS AWAY FROM THE SITE; OR IF THE RESPONSIBLE COMPANY WAS DISSOLVED
LONG AGO, SECTION 7003 IS NOT AN EFFECTIVE TOOL.
PROVISIONS OF THE RESOURCE CONSERVATION AND
RECOVERY ACT: DELAYED FEDERAL EFFORT
FRUSTRATES EFFECTIVE ACTION
AN ADEQUATE INVENTORY
WHEN SOME 77.1 BILLION POUNDS OF HAZARDOUS WASTES ARE BEING PRODUCED
A YEAR AND ONLY 10 PERCENT OF THEM ARE BEING DISPOSED OF IN AN
ENVIRONMENTALLY SOUND MANNER, ONE WOULD THINK THAT THE FIRST STEP IN A
SOUND REGULATORY PROCESS WOULD BE TO FIND OUT WHERE ALL THIS DANGEROUS
MATERIAL IS GOING.
UNFORTUNATELY, EPA HAS NOT CONDUCTED A COMPREHENSIVE INVENTORY OF
HAZARDOUS WASTE DISPOSAL SITES. AT THE SUBCOMMITTEE'S OCTOBER 30, 1978
HEARING TWO YEARS AFTER RCRA AS SIGNED INTO LAW. CONGRESSMAN ALBERT
GORE (D-TENNESSEE) ASKED EPA TO PROVIDE THE SUBCOMMITTEE WITH A LIST OF
ALL THE DUMP SITES WHICH CONTAIN HAZARDOUS WASTE. AT THAT TIME THE
SUBCOMMITTEE WAS INFORMED THAT EPA WAS COLLECTING INFORMATION ON SITES
FROM ITS REGIONAL OFFICE FILES AND THE STATES. ON NOVEMBER 21, 1978,
EPA RELEASED A LIST OF 103 POTENTIALLY DANGEROUS SITES. THIS WAS PART
OF ITS ESTIMATE THAT 838 SITES IN THE COUNTRY CONTAIN A SIGNIFICANT
AMOUNT OF HAZARDOUS WASTE. /36/ AFTER REVIEWING THE METHODOLOGY USED TO
DEVELOP THE LIST AND ESTIMATED NUMBER OF SITES, REPRESENTATIVE GORC
WROTE TO EPA AND EXPRESSED HIS BELIEF THAT THE ESTIMATE WAS TOTALLY
INADEQUATE AND EVEN MISLEADING. /37/
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 038 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110815
REPORT STUDY
TRANSCRIPT
HOUSE
/38/ TESTIMONY OF HENRY ESCHWEGE, DIRECTOR, COMMUNITY AND ECONOMIC
DEVELOPMENT DIVISION, GENERAL ACCOUNTING OFFICE, BEFORE THE SUBCOMMITTEE
ON OVERSIGHT AND INVESTIGATIONS, JUNE 4, 1979, AT P. 12 OF THE
TRANSCRIPT.
/39/ IBID, AT P. 13.
/40/ DRAFT REPORT, INTERAGENCY TASK FORCE ON HAZARDOUS WASTES (MARCH
1979), P. II-1. THE FIGURES DO NOT TOTAL 215 BECAUSE THE STATUS OF 11
SITES IS NOT KNOWN.
ACTING UPON A REQUEST BY CONGRESSMAN GORE TO ANALYZE EPA'S SITE
SURVEY, THE GENERAL ACCOUNTING OFFICE IN TESTIMONY BEFORE THE
SUBCOMMITTEE STATED THAT ". . .THE 838 SITE FIGURE IS NOT AN ACCURATE OR
COMPLETE ESTIMATE AND DOES NOT CORRECTLY IDENTIFY THOSE SITES THAT ARE
MOST IN NEED OF CORRECTIVE ACTION." /38/
THE GAO CITED THE FOLLOWING DEFICIENCIES IN EPA'S METHODOLOGY:
. . .EPA'S REGIONAL OFFICES DEVELOPED THE ESTIMATES ON THE BASIS OF
EXISTING OR EASILY OBTAINABLE INFORMATION USING VARIOUS ASSUMPTIONS- FOR
EXAMPLE, IN PROVIDING THE TOTAL NUMBER OF SITES CONTAINING HAZARDOUS
WASTES, ONE REGION ESTIMATED THAT ONE-THIRD OF ALL ACTIVE MUNICIPAL
SOLID WASTE DISPOSAL SITES IN THE REGION WOULD CONTAIN HAZARDOUS WASTES,
WHILE ANOTHER REGION PROVIDED ONLY THE NUMBER OF SITES CONTAINING LARGE
QUANTITIES OF HAZARDOUS WASTE AND HAVING A NEGATIVE IMPACT ON PUBLIC
HEALTH AND THE ENVIRONMENT.
IN ESTIMATING THE NUMBER OF SITES WHICH MAY CONTAIN SIGNIFICANT
QUANTITIES OF HAZARDOUS WASTES HICH COULD CAUSE SIGNIFICANT IMMINENT
HAZARD TO PUBLIC HEALTH, ONE REGION PROVIDED A LISTING OF ALLSITES ON
WHICH IT HAD INFORMATION--A TOTAL OF 12--WHILE ANOTHER SOLICITED INPUT
FROM THE VARIOUS STATES IN THE REGION WITHOUT, HOWEVER, STIPULATING THE
ASSUMPTIONS ON WHICH THE STATES WERE TO MAKE THEIR ESTIMATES. A THIRD
REGION MADE ITS ESTIMATES AS AN ARBITRARY PERCENTAGE OF TOTAL ESTIMATED
SITES IN THE REGION. TWO REGIONS OFFERED NO ESTIMATE, CITING A COMPLETE
LACK OF INFORMATION. /39/
THE SUBCOMMITTEE BELIEVES THAT ONLY WAY TO OBTAIN THE INFORMATION
NEEDED IS TO GO DIRECTLY TO THE GENERATORS, HAULERS, STORERS, AND
DISPOSERS OF HAZARDOUS WASTE AND TO STATE AND LOCAL GOVERNMENTS AND ASK
ABOUT THE LOCATION OF HAZARDOUS WASTE DISPOSAL SITES.
THE METHOD FOR CONDUCTING A RELIABLE SURVEY OF THIS TYPE HAS ALREADY
BEEN WORKED OUT BY THE STATE OF NEW YORK WITH THE ASSISTANCE OF AN EPA
GRANT.
THIS SURVEY, WHICH WAS CONDUCTED BY AN INTERAGENCY TASK FORCE OF THE
STATE OF NEW YORK, COVERED A TWO COUNTY AREA IN UPSTATE NEW YORK. IT
UTILIZED, FOR THE MOST PART, INFORMATION PROVIDED VOLUNTARILY BY WASTE
GENERATORS IN THE AREA. THE TASK FORCE FOUND THAT IN THIS TWO COUNTY
AREA ALONE THERE WERE 215 DISPOSAL SITES: 78 WERE ACTIVE SITES AND 126
WERE INACTIVE. THEY ALSO FOUND THAT 35 OF THE INACTIVE SITES HAD
RECEIVED LARGE QUANTITIES OF HAZARDOUS WASTES. /40/
FACING A PAUCITY OF INFORMATION ON THE LO-ATION AND CONTENT
OFHAZARDOUS WASTE SITES THROUGHOUT THE COUNTRY, THE SUBCOMMITTEE
CONDUCTED ITS OWN LIMITED SURVEY. REQUESTS FOR THE INFORMATION
CONCERNING WASTE GENERATION, WASTE CONTENT, TRANSPORTATION AND DISPOSAL
WERE MAILED TO THE 53 LARGEST DOMESTIC CHEMICAL MANUFACTURERS THE WEEK
OF APRIL 16, 1979.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 039 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110816
REPORT STUDY
TRANSCRIPT
HOUSE
/41/ THE STATEMENT APPEARS ON PAGE 2 OF THE AFFIDAVIT WHICH WAS
SUBMITTED IN CONNECTION WITH THE CASE, STATE OF ILLINOIS V. COSTLE, NOS.
78-1689 ET AL. (D.D.C. JAN. 13, 1979). THIS CASE WAS BROUGHT BY A
NUMBER OF ENVIRONMENTAL GROUPS TO FORCE EPA ACTION ON THE REGULATIONS
AFTER EPA MISSED ITS STATUTORY DEADLINE.
THESE MANUFACTURERS SELECTED BECAUSE THE CHEMICAL INDUSTRY AS A WHOLE
PRODUCES SOME OF THE MOST TOXIC HAZARDOUS WASTES, PRODUCED EACH YEAR.
THE TOP 53 COMPANIES REPRESENT A LARGE PORTION OF TOTAL CHEMICAL
PRODUCTION IN THE UNITED STATES AND CONTROL APPROXIMATELY 1,600 CHEMICAL
MANUFACTURING FACILITIES.
THE SURVEY REVEALS THAT SINCE 1950 THE APPROXIMATELY 1,600 FACILITIES
HAVE DUMPED WASTES AT OVER 3,000 SITES. ALTHOUGH ONLY 31 PERCENT OF
THESE SITES WERE OWNED BY THE COMPANIES, 94 PERCENT OF THE WASTES WERE
DUMPED IN THESE ON-SITE FACILITIES. IN 1978 ALONE, 66 MILLION TONS OF
CHEMICAL PROCESS WASTES WERE GENERATED BY THE 53 COMPANIES. FROM 1950
THROUGH 1978, THE TOTAL WAS 762 MILLION TONS. THE SURVEY DOES NOT
REVEAL WHAT PERCENTAGE OF THESE WASTES ARE HAZARDOUS.
THESE SURVEY RESULTS CLEARLY DEMONSTRATE THE NEED FOR A NATIONAL
ACCOUNTING OF ON AND OFF SITE DISPOSAL SITES (ON-SITE REFERS TO DISPOSAL
OR RECYCLING OF THE WASTE BY THE PERSON WHO GENERATES IT, EITHER ON THE
PLANT SITE ITSELF OR AT ANY SITE OWNED BY THE GENERATOR; OFF-SITE
REFERS TO DISPOSAL OFF THE PLANT SITE AT A FACILITY OWNED BY SOMEONE
OTHER THAN THE GENERATOR OF THE WASTE) AS WELL AS OF ACTIVE AND INACTIVE
HAZARDOUS ASTE DISPOSAL SITES. EPA SHOULD BE CONDUCTING SUCH A SURVEY.
IT IS NOT.
PROMULGATING REGULATIONS
THE RESOURCE CONSERVATION AND RECOVERY ACT REQUIRED THE ADMINISTRATOR
TO PROMULGATE REGULATIONS FOR SECTIONS 3001-3006 BY APRIL, 1978. AS OF
THE DATE OF THIS REPORT, EPA STILL HAS NOT PROMULGATED THESE
REGULATIONS. MOREOVER, WITH REGARD TO SECTION 3001-3004 REGULATIONS,
BARBARA BLUM, THEN ACTING ADMINISTRATOR OF EPA, STATED IN AN AFFIDAVIT
TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ON JULY 2, 1979,
THAT IT IS QUESTIONABLE WHETHER THE REGULATIONS WILL BE OUT IN FINAL
FORM BEFORE DECEMBER 31, 1979 (THE D.C. DISTRICT COURT'S DEADLINE):
IT NOW APPEARS LIKELY THAT WE WILL HAVE TO REPROPOSE PORTIONS OF THE
REGULATIONS OR AT A MINIMUM SEEK PULIBC COMMENT ON ADDITIONAL TECHNICAL
MATERIALS AND STUDIES WHICH WILL BE USED TO SUPPORT THE FINAL
REGULATIONS. THE PREPARATION AND CLEARANCE OF THE NECESSARY FEDERAL
REGISTER NOTICES AND THE ANALYSIS OF COMMENTS RECEIVED WILL, OF
NECESSITY, COMPLICATE THE DECISIONMAKING PROCESS AND SLOW DOWN THE
DEVELOPMENT OF THE FINAL REGULATION. THESE PROBLEMS,THE MAGNITUDE OF
THE TASK FACING THE AGENCY, AND OTHER PRESSURES ON US--MAKE THE
PROMULGATION OF SECTION 3001 THROUGH 3004 REGULATIONS BY THE COURT'S
DECEMBER 31, 1979 DEADLINE UNCERTAIN. /41/
THE SUBCOMMITTEE HAS QUERIED EP A TIME AND AGAIN ABOUTH WHETHER IT
HAS SUFFICIENT STAFF AND RESOURCES TO PROMULGATE THE REGULATIONS ON AN
ACCELERATED BASIS. EPA HAS ANSWERED EACH INQUIRY BY STATING THAT
EVERYTHING POSSIBLE TO MOVE AHEAD WITH THE REGULATIONS QUICKLY IS BEING
DONE.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 040 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110817
REPORT STUDY
TRANSCRIPT
HOUSE
/42/ TESTIMONY OF HENRY ESCHWEGE, GENERAL ACCOUNTING OFFICE, BEFORE
THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, JUNE 4, 1979, AT P. 38
OF THE TRANSCRIPT.
/43/ TESTIMONY OF LESLIE DACH, SCIENCE ASSOCIATE, ENVIRONMENTAL
DEFENSE FUND, OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON
INTERSTATE AND FOREIGN COMMERCE, HOUSE OF REPRESENTATIVES, 95TH
CONGRESS, 2D SESSION, SERIAL NO. 95-183, AT P. 352.
/44/ EPA JUSTIFICATION OF APPROPRIATIONS ESTIMATES, PP. SW-13, 1
(HOUSE COMMITTEE ON APPROPRIATIONS).
HOWEVER, THE AFFIDAVIT FILED BY DEPUTY ADMINISTRATOR BLUM SEEMS TO
INDICATE THAT THIS IS NOT THE CASE. MOREOVER, IT SUGGESTS THAT CONGRESS
ITSELF IS DELAYING THE TASK. ON PAGE 3 OF THE AFFIDAVIT, MS. BLUM
STATES:
. . .PERSONNEL ASSIGNED TO WORK ON THE FINAL REGULATIONS ARE BEING
CONTINUALLY DIVERTED TO WORK ON LEGISLATIVE AMENDMENTS, RESPOND TO
CONGRESSIONAL CORRESPONDENCE AND TELEPHONE INQUIRIES, BRIEF
CONGRESSIONAL STAFF, PREPARE CONGRESSIONAL TESTIMONY. . ."
IT IS DIFFICULT FOR THE SUBCOMMITTEE TO BELIEVE THAT PERSONNEL SO
ESSENTIAL TO THE DEVELOPMENT OF THESE REGULATIONS ARE BEING ALLOWED TO
BE "CONTINUALLY DIVERTED" FROM THEIR TASK. THE SUBCOMMITTEE HAS NOT
BEEN INFORMED THAT THIS IS THE CASE AND WE WOULD NOT CONDONE SUCH A
PRACTICE. IF THERE IS SUCH A PROBLEM, EPA SHOULD APPLY TO CONGRESS FOR
ADDITIONAL PERSONNEL FOR PURSUING ITS NONREGULATORY WRITING
RESPONSIBILITIES.
THE SUBCOMMITTEE RECOGNIZES THAT CONGRESS MAY HAVE SET UNREASONABLY
SHORT DEADLINES FOR THE ISSUANCE OF THESE REGULATIONS. HOWEVER, EPA HAS
NOT DONE ALL IT CAN TO FINALIZE THESE REGULATIONS. AS THE GENERAL
ACCOUNTING OFFICE OBSERVED, FOR EXAMPLE, ". . .EPA DID NOT ALWAYS ASK
FOR THE STAFF AND FUNDS THEY SHOULD HAVE REQUESTED" TO GET THE JOB DONE.
/42/
THE IMPORTANCE OF PROMULGATING THESE REGULATIONS AS SOON AS POSSIBLE
CANNOT BE OVEREMPHASIZED. AS THE ENVIRONMENTAL DEFENSE FUND OBSERVED AT
THE SUBCOMMITTEE'S OCTOBER 30, 1978 HEARING, AS A RESULT OF EPA'S
FAILURE TO PROMULGATE THESE REGULATIONS:
APPROXIMATELY 260 MILLION POUNDS A DAY OF CHEMICALS THAT CAUSE
CANCER, BIRTH DEFECTS, NERVE DAMAGE AND THAT DESTROYRIVERS AND WILDLIFE
ARE BEING DISPOSED OF WITHOUT FEDERAL REGULATION, JUST AS THEY WERE IN
1976 WHEN THIS LEGISLATION (RCRA) WAS PASSED. /43/
AND PERSONNEL FOR IMPLEMENTATION OF THE
RESOURCE CONSERVATION AND RECOVERY ACT
WHILE IT MUST BE RECOGNIZED THAT EPA WAS AUTHORIZED TO IMPLEMENT RCRA
AT A TIME WHEN THE AGENCY FACED PERSONNEL FRCEZES AND SERIOUS BUDGET
CEILINGS, EPA NEVERTHELESS FAILED TO RECOGNIZE THE IMPORTANCE OF THE
HAZARDOUS WASTE PROGRAM. ALTHOUGH THE JOB THAT NEEDED TO BE DONE WAS
MASSIVE, IN THE FIRST FEW YEARS OF THEPROGRAM EPA REQUESTED FUNDING AT
LEVELS FAR BELOW THE LEVELS AUTHORIZED IN THE ACT, AND SPENT
CONSIDERABLY LESS THAN WHAT CONGRESS APPROPRIATED.
BUDGETING IN BOTH FISCAL YEARS 1978 AND 1979 WAS CRITICAL TO MEETING
THE DEADLINES STIPULATED IN THE ACT. YET EPA ONLY ASKED FOR $36.5
MILLION IN FISCAL YEAR 1978 FOR IMPLEMENTATION OF THE ENTIRE SOLID WASTE
PROGRAM. EVEN THOUS THE CONGRESS APPROPRIATED $39.9 MILLION, EPA ONLY
ALLOTTED $35.8 MILLION TO THE PROGRAM. /44/
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 041 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110818
REPORT STUDY
TRANSCRIPT
HOUSE
/45/ IBID, AT PP. SW-31, 27.
/46/ IBID, AT P. SW-33.
/47/ IDEM.
/48/ TESTIMONY OF JAMES W. MOORMAN, ASSISTANT ATTORNEY GENERAL, LAND
AND NATURAL RESOURCES DIVISION, U.S. DEPARTMENT OF JUSTICE, BEFORE THE
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, MAY 16, 1979, AT PP. 45-46
OF THE TRANSCRIPT.
/49/ TESTIMONY OF DOUGLAS M. COSTLE, ADMINISTRATOR, U.S.
ENVIRONMENTAL PROTECTION AGENCY, BEFORE THE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS, JUNE 5, 1979, AT P. 42 OF THE TRANSCRIPT.
/50/ TESTIMONY OF JAMES W. MOORMAN, U.S. DEPARTMENT OF JUSTICE,
BEFORE THE SUBCOMMITTEE ON OVERSIGHT AD INVESTIGATIONS, MAY 16, 1979, AT
P. 41 OF THE TRANSCRIPT.
EPA ALSO SPENT LESS THAN WAS NECESSARY FOR THE PROGRAM. THE AGENCY
ASKED FOR $71.9 MILLION FOR THE ENTIRE SOLID WASTE PROGRAM; RECEIVED
$78.7 MILLION, AND IT IS ESTIMATED THAT IT SPENT ONLY $74 MILLION. /45/
THESE REQUESTS ARE FAR BELOW THE AUTHORIZED LEVELS OF $181 MILLION FOR
FISCAL YEAR 1978 AND $160.25 MILLION FOR FISCAL 1979.
WHILE STRESSING THE IMPORTANCE OF REGULATION DEVELOPMENT EPA FAILED
TO ALLOT SUFFICIENT RESOURCES TO HALT DANGEROUS DISCHARGES FROM
HAZARDOUS WASTE SITES THROUGH ITS IMMINENT HAZARD AUTHORITY. IN FISCAL
YEAR 1978, THE EPA BUDGET FOR TCRA ENFORCEMENT WAS A MERE $100,000, /46/
WHICH SUPPORTED A STAFF OF 5. IN FISCAL YEAR 1979 EPA INCREASED THIS
FIGURE TO $1 MILLION WHICH SUPPORTED A STAFF OF 23. /47/ THIS LEVEL OF
FUNDING, HOWEVER, WAS WHOLLY INADEQUATE.
THE JUSTICE DEPARTMENT, WHICH SEEKS ENFORCEMENT OF CASES EPA REFERS
TO THEM, COMMENTED ON EPA'S LACK OF LAW ENFORCEMENT INVESTIGATORS AT THE
SUBCOMMITTEE'S MAY 16, 1979 HEARING:
EPA IS IN SERIOUS NEED OF TOUGH LAW ENFORCEMENT INVESTIGATORS:
INVESTIGATORS WITH TRAINING COMPARABLE TO THAT OF THE IRS, THE CUSTOMS
AGENTS, AND THE FBI. WHILE A HIGH DEGREE OF SPECIALIZED TECHNICAL
KNOWLEDGE IS ALSO NECESSARY FOR THESE INVESTIGATIONS, I BELIEVE THAT
FUNDAMENTAL INVESTIGATIVE TECHNIQUES AND GOOD INVESTIGATIVE INSTINCTS
ARE EQUALLY OR MORE IMPORTANT.
THESE INVESTIGATORS ARE NEEDED NOTONLY TO IDENTIFY SITES AND THEIR
CONTENTS AND OWNERS AND OPERATORS AND FORMER OWNERS AND OPERATORS, THEY
ARE ALSO NEEDED TO FERRET OUT THE ELEMCNTS OF ORGANIZED CRIME THAT ARE
ALLEGED TO BE INVOLVED IN HAZARDOUS WASTE POLLUTION. THEY MUST BE
WILLING TO DEAL WITH THE ENTIRE RANGE OF CIVILAND CRIMINAL PROBLEMS,
FROM THE WHITE-COLLAR MALFEASANCE COMMITTED BY CORPORATE EXECUTIVES IN
THE DISPOSAL OF HAZARDOUS WASTE, TO THE ORGANIZED CRIME TYPES WHO ARE
INVOLVED WITH THE MIDNIGHT DUMPING O9AZARDOUS WASTE AND TOXIC SUBSTANCES
INTO OUR RIVERS, OUR LAKES, OUR WETLANDS, OUR SEWERS OR ANY OTHER
CONVENIENT LOCATION. /48/
ON JUNE 5, 1979, DOUGLAS COSTLE, ADMINISTRATOR OF EPA, TESTIFIED
BEFORE THE SUBCOMMITTEE THAT HE HAD ". . .MADE HAZARDOUS WASTE A FIRST
PRIORITY AND MADE INVESTIGATIONS AND ACTIONS AGAINST HAZARDOUS WASTE
SITES PRESENTING IMMINENT HAZARDS OUR TOP ENFORCEMENT PRIORITY." /49/
ADMINISTRATOR COSTLE INDICATED THAT EPA HAD SHIFTED A LARGE NUMBER OF
ITS PERSONNEL AWAY FROM OTHER DUTIES AND INTO THE HAZARDOUS WASTE
PROGRAM FOR THIS PURPOSE. HOWEVER, TO THE SUBCOMMITTEE'S KNOLEDGE, NO
TRAINED INVESTIGATORS LIKE THOSE DISCUSSED BY ASSISTANT ATTORNEY GENERAL
MOORMAN, HAVE BEEN RECENTLY HIRED BY EPA TO WORK ON THIS MATTER.
IN LIGHT OF EPA'S LIMITED COMMITMENT UNTIL RECENTLY, IT IS NOT
SURPRISING THAT THE JUSTICE DEPARTMENT, WHICH CAN ONLY ACT AFTER EPA
REFERS A CASE TO IT, HAS FILED ONLY FIVE COMPLAINTS AGAINST ILLEGAL AND
UNSAFEDISPOSALPRACTICES ON BEHALF OF EPA. THE FIRST CASE UNDER RCRA WAS
NOT FILED UNTIL DECEMBER, 1978, /50/ OVER 2 YEARS AFTER THE ENACTMENT OF
THE ACT.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 042 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110819
REPORT STUDY
TRANSCRIPT
HOUSE
/51/ EPA JUSTIFICATION OF APPROPRIATIONS ESTIMATES, P. SW-3 (HOUSE
COMMITTEE ON APPROPRIATIONS).
/52/ TESTIMONY OF HENRY ESCHWEGE, GENERAL ACCOUNTING OFFICE, GEFORE
THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, JUNE 4, 1979, AT P. 9
OF THE TRANSCRIPT.
/53/ IDEM.
/54/ IDEM.
/55/ IDEM.
/56/ IDEM.
/57/ SECTION 3011 (A) OF RCRA.
/58/ TESTIMONY OF HENRY ESCHWEGE, GENERAL ACCOUNTING OFFICE, BEFORE
THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS, JUNE 4, 1979, AT P. 43
OF THE TRANSCRIPT.
UNTIL JUNE OF 1979, ONLY ONE JUSTICE DEPARTMENT HEADQUARTERS ATTORNEY
WAS WORKING FULLTIME ON HAZARDOUS WASTE PROBLEMS. WHILE A NEW HAZARDOUS
WASTE SECTION WILL HAVE 11 OR 12 ATTORNEYS AS OF OCTOBER 1, 1979, IT IS
NOT UNREASONABLE TO ASSUME THAT AT LEAST 30 TO 40 JUSTICE DEPARTMENT
ATTORNEYS MAY BE NEEDED TO HANDLE ALL THE HAZARDOUS WASTE ACTIONS WHICH
MUST BE TAKEN TO PROTECT THE PUBLIC.
EPA'S REASONS FOR KEEPING THE ENFORCEMENT BUDGET AT THIS LEVEL ARE
REFLECTED IN ITS FISCAL YEAR 1979 BUDGET SUBMISSION TO THE PRESIDENT.
IN THIS DOCUMENT EPA STATED:
ANTICIPATING THAT ALL HAZARDOUS WASTE REGULATIONS AND THE LAND
DISPOSAL CRITERIA WILL BE PROMULGATED DURING 1978, THE 1979 SOLID WASTE
PROGRAM INTENDS TO SHIFT RESOURCES TO DECENTRALIZE THE PROGRAM TO THE
REGIONS. THIS WILL ENSURE THAT THERE IS AT LEAST A MINIMUM ENFORCEMENT
AND HAZARDOUS WASTE PROGRAM CAPABILITY IN ALL REGIONAL OFFICES TO BEGIN
THE IMPLEMENTATION OF A FEDERAL HAZARDOUS WASTE REGULATORY PROGRAM IN
THOSE STATES WHICH DO NOT ASSUME THE PROGRAM. /51/
NOT ONLY HAS EPA FAILED TO PROMULGATE HAZARDOUS WASTE REGULATIONS AND
LAND DISPOSAL CRITERIA, IT HAS PROVIDED TOTALLY INADEQUATE TECHNICAL,
ENFORCEMENT AND FINANCIAL ASSISTANCE TO THE REGIONS AND THE STATES.
THE GENERAL ACCOUNTING OFFICE, IN TESTIMONY BEFORE THE SUBCOMMITTEE
ON JUNE 4, 1978, INDICATED THAT ALTHOUGH EPA'S POLICY WAS TO MAKE THE
REGIONAL OFFICES THE "FOCAL POINT FOR ASSISTING THE STATES IN DEVELOPING
HAZARDOUS WASTE REGULATORY PROGRAMS, MONITORING STATE PROGRESS, AND
ASSURING THAT APPLICATIONS FOR PROGRAM FUNDS WERE PROPER AND ADEQUATE
(,) EPA OFFICIALS IN ALL 10 REGIONS ACKNOWLEDGED, HOWEVER, THAT THEY DID
NOT HAVE THE STAFF TO CARRY OUT THESE RESPONSIBILITIES. /52/ REGIONAL
OFFICIALS STATED THAT THEY NEEDED FAR MORE STAFF TO ACCOMPLISH, EVEN IN
A MINIMAL WAY, THEIR RESPONSIBILITIES UNDER RCRA. /53/ ONE REGION, FOR
EXAMPLE, ONLY HAD ONE INDIVIDUAL ASSIGNED TO THIS TASK. /54/
THE GAO ALSO FOUND THAT EPA HAD NOT BEEN ALLOCATING SUFFICIENT FUNDS
TO THE STATES TO SUPPORT THE DEVELOPMENT OF STATE HAZARDOUS WASTE
PROGRAMS. ONLY $5.1 MILLION WAS AVAILABLE FOR THE 26 STATE PROGRAMS GAO
REVIEWED. /55/ THESE STATES ESTIMATED THAT THEY NEEDED $9.3 MILLION
MORE SIMPLY TO DEVELOP AND OPERATE A HAZARDOUS WASTE PROGRAM THAT WOULD
MEET THE REQUIREMENTS OF THE ACT. /56/ THE CONGRESS, RECOGNIZING THE
NEED FOR PROVIDING A HIGH LEVEL OF FUNDING TO ASSIST STATES IN
DEVELOPING HAZARDOUS WASTE PROGRAMS, AUTHORIZED THE EXPENDITURE OF $25
MILLION FOR EACH OF THE FISCAL YEARS 1978 AND 1979. /57/ EPA ASKED FOR
NO FUNDS FOR THIS PURPOSE IN ITS FISCAL YEAR 1978, AND REQUESTED ONLY
$15 MILLION FOR FISCAL YEAR 1979. /58/
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 043 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110820
REPORT STUDY
TRANSCRIPT
HOUSE
/59/ TESTIMONY OF DOUGLAS COSTLE BEFORE THE SUBCOMMITTEE ON OVERSIGHT
ND INVESTIGATIONS, JUNE 4, 1979, AT P. 42.
/60/ 43 FR 58954-68 (DEC. 18, 1978).
/61/ 43 FR58969-82 (DEC. 18, 1978).
/62/ 43 FR 58982-59028 (DEC. 18, 1978).
/63/ 43 FR 18506-12 (APRIL 28, 1978).
/64/ 43 FR 4366-73 (FEB. 1, 1978).
/65/ 43 FR 34738-47(AUG. 4, 1978).
/66/ 43 FR 29908-18 (JULY 11, 1978).
/67/ 44 FR 34244 (JUNE 14, 1979).
EPA'S EARLIER FAILURE TO PLACE SUFFICIENT FUNDS IN THE HAZARDOUS
WASTE ENFORCEMENT PROGRAM HAS NOW FORCED EPA TO SHIFT PEOPLE FROM OTHER
ASSIGNMENTS IN THE AGENCY TO THE HAZARDOUS WASTE PROGRAM ON AN EMERGENCY
BASIS. ACCORDING TO ADMINISTRATOR COSTLE, EPA NOW HAS "ABOUT 100 PEOPLE
WORKING FULL TIME ON SITE INVESTIGATIONS AND ENFORCEMENT." /59/
EPA'S FAILURE TO REQUEST SUFFICIENT FUNDING FOR ITS HEADQUARTERS AND
REGIONAL PROGRAMS AND PROVIDE SUFFICIENT FUNDING SUPPORT FOR THE
DEVELOPMENT AND OPERATION OF STATE PROGRAMS, SEEMS TO INDICATE THAT IT
FAILED TO RECOGNIZE THE SIGNIFICANCE OF THE HAZARDOUS WASTE DISPOSAL
PROBLEM.
EPA CLEARLY FAILED TO REPRESENT PROPERLY THE NEEDS OF THE PROGRAM FOR
FISCAL YEARS 1978 AND 1979. LIMITED FUNDING HAS RESULTED IN SEVERELY
RESTRICTING THE PROTECTION RCRA WAS EXPECTED TO AFFORD THE PUBLIC.
THE SUBCOMMITTEE IS PUZZLED BY EPA'S ACTIONS WITH RESPECT TO RCRA
FUNDING AND PERSONNEL LEVELS. THE ACT CLEARLYANTICIPATED THE NEED FOR
MAJOR EXPENDITURES IN THIS AREA AND YET EPA FAILED TO REQUEST THE
NECESSARY FUNDS AND PERSONNEL. EPA'S FAILURE IN THIS REGARD HAS SLOWED
THE IMPLEMENTATION OF RCRA SUBSTANTIALLY. A CONTINUATION OF THIS POLICY
OF NEGLECT CANNOT BE TOLERATED.
A. GENERAL BACKGROUND ON DECEMBER 18, 1978, EPA PUBLISHED PROPOSED
REGULATIONS FOR SECTIONS 3001, /60/ 3002 /61/ AND 3004 /62/ OF RCRA.
THESE PROPOSED RULES TOGETHER WITH RULES PROPOSED FOR SECTIONS 3003,
/63/ 3006, /64/ 3008 /65/ AND 3010, /66/ AS WELL AS RECENTLY PROPOSED
RULES FOR SECTIONS 3005 AND 3006, /67/ FORM THE BASIS OF EPA HAZARDOUS
WASTEPROGRAMS. IN THIS SECTION WE WILL FOCUS OUR ATTENTION ON PROPOSED
RULES FOR SECTIONS 3001, 3002, AND 3004.
LEGISLATION ESTABLISHING A HAZARDOUS WASTE REGULATORY PROGRAM IN
CALIFORNIA WAS SIGNED INTO LAW IN 1972. ITS SUCCESS WAS A GUIDING FORCE
IN THE CREATION OF RCRA.
UNFORTUNATELY, EPA'S PROPOSED RULES FOR SECTIONS 3001, 3002, AND 3004
DEPART IN MAJOR WAYS FROM THE SUCCESSFUL CALIFORNIA APPROACH. THE STATE
OF CALIFORNIA'S CRITIQUE OF EPA'S PROPOSED REGULATIONS RAISES
SIGNIFICANT QUESTIONS WHICH MUST BE MORE CAREFULLY CONSIDERED BEFORE
FINAL REGULATIONS ARE PROMULGATED. IN THE FOLLOWING PAGES WE WILL
REVIEW SOME OF THIS CRITIQUE AS WELL AS THE COMMENTS OF OTHER STATE
REPRESENTATIVES AND OTHERS WHO APPEARED BEFORE THE SUBCOMMITTEE.
B. SECTION 3001, IDENTIFICATION AND LISTING OF HAZARDOUS WASTES
EPA'S PROPOSED RULES FOR SECTION 3001 ESTABLISH A MEANS BY WHICH
HAZARDOUS WASTES WILL BE DEFINED, EITHER BY SPECIFIC LISTING OR THROUGH
THE FOLLOWING EIGHT CHARACTERISTICS OF HAZARDOUSWASTE.
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 044 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110821
REPORT STUDY
TRANSCRIPT
HOUSE
/68/ 43 FR 58950 (DEC. 18, 1978).
/69/ IDEM.
/70/ STATEMENT OF HARVEY F. COLLINS, ACTING CHIEF, HAZARDOUS WASTE
MATERIALS MANAGEMENT SECTION, CALIFORNIA STATE DEPARTMENT OF HEALTH
SERVICES, ATTACHMENT 1, P. 1, BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND
INVESTIGATIONS, JUNE 19, 1979.
1. IGNITABILITY. 2. CORROSIVITY. 3. REACTIVITY. 4. TOXICITY
(USING AN EXTRACTION PROCEDURE DESIGNED TO DETERMINE THE POLLUTANTS THAT
COULD MIGRATE FROM A WASTEWHEN DISPOSED IN AN OPEN DUMP ENVIRONMENT).
5. RADIOACTIVITY. 6. INFECTIOUSNESS. 7. PHYTOTOXICITY. 8.
TERATOGENICITY AND MUTAGENICITY." /68/
IF A WASTE IS NOT ALREADY LABELED AS HAZARDOUS THROUGH THE LISTING
PROCEDURE, A GENERATOR OF WASTE MUST TEST IT TO DETERMINE IF IT CONTAINS
HAZARDOUS FEATURES. HOWEVER, THE CURRENT REGULATIONS ONLY REQUIRE
TESTING FOR THE FIRST FOUR OF THE ABOVE-IDENTIFIED CHARACTERISTICS
BECAUSE EPA STATES THAT THEY ARE "THE ONLY ONES FOR WHICH THE AGENCY
CONFIDENTLY BELIEVES TEST PROTOCOLS ARE AVAILABLE." /69/
THE SUBCOMMITTEE DISAGREES WITH THE FAILURE TO REQUIRE TESTING FOR
ALL EIGHT CHARACTERISTICS. EVEN THOUGH THERE MAY BE NO SIMPLE, WELL
ACCEPTED TESTS THAT IDENTIFY ALL WASTES WHICH ARE ONCOGENIC, MUTAGENIC,
TERATOGENIC, OR BIOACCUMULATE, THERE ARE CURRENTLY TESTS WHICH YIELD
USEFUL INFORMATION REGARDING SUCH CHARACTERISTICS. IN FACT, EPA
PRESENTLY EMPLOYS SOME OF THESE TESTS FOR SCREENING UNDER THE TOXIC
SUBSTANCES CONTROL ACT. WHILE WE CAN UNDERSTAND EPA'S CONCERN THAT MANY
OF THESE TESTS ARE COSTLY, WE ARE MORE CONCERNED ABOUT THE FACT THAT THE
PRESENCE OF THESE CHARACTERISTICS IN WASTE POSES SERIOUS RISKS TO HEALTH
AND THE ENVIRONMENT. THEREFORE, WE RECOMMEND THAT EPA REQUIRE TESTING
FOR ALL EIGHT CHARACTERISTICS. IF THE REQUIREMENT WOULD POSE AN UNDUE
BURDEN ON SMALL COMPANIES, THEN WE WOULD RECOMMEND THAT COMPANIES THAT
PRODUCE THE SAME WASTE SHARE THE COST OF TESTING OR THAT FEDERAL FUNDS
BE USED TO SHARE THE BURDEN.
THE SUBCOMMITTEE IS ALSO CONCERNED ABOUT EPA'S USE OF AN EXTRACTION
PROCEDURE (EP) TO TEST FOR THE CHARACTERISTICS OF TOXICITY. THIS
PROCEDURE TAKES A SOLID WASTE, GRINDS IT UP, MIXES IT WITHA LIQUID
SOLUTION AND THEN OBSERVES HOW IT LEACHES. IT IS DESIGNED TO SEE WHAT
WOULD HAPPEN IF THE WASTE WERE DUMPED IN A SAND AND GRAVEL PIT WITH A
WELL 500 FEET AWAY. IF THE EXTRACT FROM THIS PROCESS CONTAINS 10 OR
MORE TIMES THE CONCENTRATION OF A SUBSTANCE PRESCRIBED IN EPA'S INTERIM
DRINKING WATER STANDARDS, THEN THE WASTE IS CONSIDERED TOXIC.
SEVERAL GROUPS HAVE QUESTIONED WHETHER THIS TEST ACTUALLY SIMULATES
THE LIKELY CHARACTERISTICS OF A DUMP SITE. THE STATE OF CALIFORNIA, FOR
EXAMPLE, IN ITS COMMENTS TO EPA, STATED AS FOLLOWS:
THE PLACEMENT OF AN EXTRACTION TEST IN SUCH A KEY ROLE FOR EVALUATING
TOXIC WASTES RATHER THAN THEIR EXTRACTS MUST BE DIRECTLY TESTED FOR
TOXICITY; SUGGESTED CHANGES ARE INCLUDED. THE APPROPRIATENESS OF THE
PROPOSED EXTRACTION PROCEDURE IS QUESTIONED BECAUSE OF THE DILUTION
PROCEDURES USED. /70/
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 045 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SESSION HOUSE OF REPRESENTATIVES
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
US EPA
110822
REPORT STUDY
TRANSCRIPT
HOUSE
/71/ COMMENTS OF THE ENVIRONMENTAL DEFENSE FUND ON THE ENVIRONMENTAL
PROTECTION AGENCY'S PROPOSED REGULATIONS IMPLEMENTING SECTIONS 3001,
3002, AND 3004 OF THE RESOURCE CONSERVATION AND RECOVERY ACT, (MAR. 16,
1979), PP. 9-10.
/72/ 43 FR 58962 (DEC. 18, 1978).
/73/ TITLE 22, SECTION 62081(D) OF THE CALIFORNIA ADMINISTRATIVE
CODE.
/74/ 43 FR 58950 (DEC. 18, 1978).
THE ENVIRONMENTAL DEFENSE FUND (EDF), IN ITS COMMENTS TO EPA, HAS
ALSO CHALLENGED THE RELIABILITY OF THIS PROCEDURE. THE EDF MADE THIS
OBSERVATION:
EPA'S CHOICES FOR ALL. . . THE (SE) PARAMETERS (OF EPA) ARE
SCIENTIFICALLY UNSUPPORTED AND UNDERESTIMATE THE HAZARDS ASSOCIATED WITH
THE WASTE TESTED. THEY MAKE A MOCKERY OUT OF EPA'S USE OF THE EP AS A
MEASURE OF HAZARD. /71/
THE SUBCOMMITTEE SHARES THIS CONCERN OVER WHETHER THE EP ADEQUATELY
SIMULATES ALL THE DIFFERENT POSSIBLE COMBINATIONS OF WASTES THAT COULD
BE PRESENT IN LANDFILLS OF DIFFERING COMPOSITIONS THEMSELVES. WE URGE
EPA TO CONSIDER THIS MATTER BEFORE PROMULGATING FINAL REGULATIONS ON
THIS SUBJECT.
THE EPA ALSO HAS PROPOSED THAT A SUBSTANCE SHOULD BE CONSIDERED A
HAZARDOUS WASTE IF IT APPEARS ON ONE OF THE FOLLOWING LISTS: EPA'S
SELECTED CANCELLED AND RPAR PESTICIDES; DEPARTMENT OF TRANSPORTATION
CLASSIFICATION POISON A, POISON B, AND ORM-A SUBSTANCES; SELECTED
PRIORITY POLLUTANTS; CENTER FOR DISEASE CONTROL CLASSIFICATION OF
ETIOLOGIC AGENTS, OR IF IT IS IDENTIFIED ON EPA'S HAZARDOUS WASTE STREAM
LIST. /72/ THE SUBCOMMITTEE IS CONCERNED THAT EPA'S PROPOSED LIST
LEAVES OFF WASTES FROM A NUMBER OF KNOWN CARCINOGENS, SUCH AS ASBESTOS
AND TRIS. WE BELIEVE THAT THE CALIFORNIA APPROACH IS BETTER. IT
STIPULATES THAT IF CERTAIN CHEMICALS APPEAR IN THE WASTE AT LEVELS OVER
THOSE SET BY THE STATE, THE WASTE MUST BE CONSIDERED A HAZARDOUS WASTC.
CALIFORNIA REGULATES THE PRESENCE OF OVER 800 CHEMICALS IN THIS MANNER.
/73/
EPA NOTES THAT "EVEN AFTER PROMULGATION OF THESE RULES NEITHER THE
SET OF CHARACTERISTICS NOR THE LIST ARE INTENDED BY THE AGENCY TO BE
STATIC. BOTH MAY BE ADDED TO OR CHANGED BY THE AGENCY THROUGH THE
RULEMAKING PROCESS AS INFORMATION DEVELOPS." /74/
THE PROPOSED RULES NOTE THAT RCRA ITSELF PROVIDES TWO PROCEDURES
WHEREBY ADDITIONAL WASTES OR WASTE CHARACTERISTICS MAY BE ADDED. FIRST,
SECTION 3001(C) PROVIDES THAT STATE GOVERNORS CAN PETITION THE
ADMINISTRATOR "TO IDENTIFY OR LIST A MATERIAL AS A HAZARDOUS WASTE".
SECOND, SECTION 7004 PROVIDES THAT ANY PERSON MAY PETITION THE
ADMINISTRATOR FOR CHANGES IN THE REGULATIONS.
ALTHOUGH EPA HAS BUILT IN NUMEROUS SAFEGUARDS TO ASSURE THAT THE
REGULATIONS WILL NOT BE "STATIC" AND THAT THE DEFINITION OF HAZARDOUS
WASTE IS FLEXIBLE AND WILL, THEREFORE, COVER THE GREAT MAJORITY OF KNOWN
HAZARDOUS WASTES, WE ARE CONCERNED ABOUT EPA'S FAILURE TO INCLUDE A MORE
COMPREHENSIVE LIST OF TOXIC SUBSTANCES IN ITS REGULATIONS NOW. THIS CAN
AND SHOULD BE DONE. WE ARE ALSO CONCERNED THAT WASTES SHOULD BE TESTED
FOR ALL 8 CHARACTERISTICS OF HAZARDOUS WASTE TO THE GREATEST EXTENT
POSSIBLE AND THAT THE TEST FOR TOXICITY BE THE BEST AVAILABLE ONE.
C. SECTION 3002, STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS
WASTES
IN EPA'S SECTION 3002 PROPOSED REGULATIONS, THE AGENCY FURTHER
DEFINES WHAT ARE HAZARDOUS WASTE GENERATORS AND WHAT RESPONSIBILITIES
THESE HAZARDOUS WASTE GENERATORS HAVE UNDER THE ACT. THIS SECTION
REQUIRES HAZARDOUS WASTE GENERATORS TO KEEP RECORDS: LABEL CONTAINERS,
USE PROPER CONTAINERS, SUPPLY OTHERS IN THE WASTE DISPOSAL CHAIN WITH
ACCURATE INFORMATION ON THE COMPOSITION OF THE WASTE, INITIATE A
MANIFEST FOR WASTE GENERATION STORAGE, TRANSPORT, TREATMENT AND
DISPOSAL; AND SUBMIT REPORTS OF WASTE GENERATION AND DISPOSITION. /75/
96-IFC 31
HAZARDOUS WASTE DISPOSAL REPORT TOGETHER WITH ADDITIONAL AND SEPARATE VIEWS
790900
790000
ADDITIONAL VIEWS OF ECKHART B
ADDITIONAL VIEWS OF GORE A
ADDITIONAL VIEWS OF LENT N F RINALDO M J, CORCORAN T AND BOYHILL J T
SEPARATE VIEWS OF MARKS M L
SEPARATE VIEWS OF DANNEMEYER W E
791002
PART 046 OF 88
ECKHARDT B CHAIRMAN
LENT N F
RINALDO M J
CORCORAN T
BROYHILL J T
MARKS M L
DANNEMEYER W E REPRESENTATIVE
NINETY SIXTH CONGRESS FIRST SE