740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 037 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
112980
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HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
499.35 NOTES AND BONDS; PLEDGE AND AGREEMENT OF STATE. THE STATE
PLEDGES AND AGREES WITH THE HOLDERS OF ANY NOTES OR BONDS ISSUED UNDER
THIS CHAPTER, THAT THE STATE WILL NOT LIMIT OR ALTER THE RIGHTS VESTED
IN THE AUTHORITY TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH THE
HOLDERS THEREOF, OR IN ANY WAY IMPAIR THE RIGHTS AND REMEDIES OF THE
HOLDERS UNTIL THE NOTES OR BONDS, TOGETHER WITH THE INTEREST THEREON,
WITH INTEREST ON ANY UNPAID INSTALLMENTS OF INTEREST, AND ALL COSTS AND
EXPENSES IN CONNECTION WITH ANY ACTION OR PROCEEDING BY OR ON BEHALF OF
SUCH HOLDERS, ARE FULLY MET AND DISCHARGED. THE AUTHORITY IS AUTHORIZED
TO INCLUDE THIS PLEDGE AND AGREEMENT OF THE STATE IN ANY AGREEMENT WITH
THE HOLDERS OF SUCH NOTES OR BONDS.
499.36 DEFAULT; TRUSTEE. (1) IF THE AUTHORITY DEFAULTS IN THE
PAYMENT OF PRINCIPAL OF OR INTEREST ON ANY ISSUE OF NOTES OR BONDS AFTER
THE SAME BECOME DUE, WHETHER AT MATURITY OR UPON CALL FOR REDEMPTION,
AND SUCH DEFAULT CONTINUES FOR A PERIOD OF 30 DAYS OR IF THE AUTHORITY
FAILS OR REFUSES TO COMPLY WITH THIS CHAPTER OR DEFAULTS IN ANY
AGREEMENT MADE WITH THE HOLDERS OF ANY ISSUE OF NOTES OR BONDS, THE
HOLDERS OF 25% IN AGGREGATE PRINCIPAL AMOUNT OF THE NOTES OR BONDS OF
SUCH ISSUE THEN OUTSTANDING, BY INSTRUMENT OR INSTRUMENTS FILED IN THE
OFFICE OF THE REGISTER OF DEEDS OF DANE DOUNTY AND APPROVED OR
ACKNOWLEDGED IN THE SAME MANNER AS A DEED TO BE RECORDED, MAY APPOINT A
TRUSTEE TO REPRESENT THE HOLDERS OF SUCH NOTES OR BONDS FOR THE PURPOSES
OTHERWISE SPECIFICALLY PROVIDED.
(2) THE TRUSTEE MAY, AND UPON WRITTEN REQUEST OF THE HOLDERS OF 25%
IN PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS THEN OUTSTANDING SHALL, IN
HIS OWN NAME:
(A) BY ACTION OF PROCEEDING, ENFORCE ALL RIGHTS OF THE NOTEHOLDERS OR
BONDHOLDERS AND TO REQUIRE THE AUTHORITY TO CARRY OUT ANY OTHER
AGREEMENTS WITH THE HOLDERS OF SUCH NOTES OR BONDS AND TO PERFORM ITS
DUTIES UNDER THIS CHAPTER;
(B) BRING SUIT UPON SUCH NOTES OR BONDS;
(C) BY ACTION, REQUIRE THE AUTHORITY TO ACCOUNT AS IF IT WERE THE
TRUSTEE OF AN EXPRESS TRUST FOR THE HOLDERS OF SUCH NOTES OR BONDS;
(D) BY ACTION, ENJOIN ANY ACTS OR THINGS WHICH MAY BE UNLAWFUL OR IN
VIOLATION OF THE RIGHTS OF THE HOLDERS OF SUCH NOTES OR BONDS; AND
(E) DECLARE ALL SUCH NOTES OR BONDS DUE AND PAYABLE, AND IF ALL
DEFAULTS SHALL BE MADE GOOD, THEN, WITH THE CONSENT OF THE HOLDERS OF
25% OF THE PRINCIPAL AMOUNT OF SUCH NOTES OR BONDS THEN OUTSTANDING, TO
ANNUL SUCH DECLARATION AND ITS CONSEQUENCES.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 038 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
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HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
499.37 TRUSTEE; ADDITIONAL POWERS. THE TRUSTEE, IN ADDITION TO THE
POWERS GRANTED IN S. 499.36 SHALL HAVE ALL OF THE POWERS NECESSARY OR
APPROPRIATE FOR THE EXERCISE OF ANY FUNCTIONS SPECIFICALLY SET FORTH IN
THIS CHAPTER OR INCIDENT TO THE GENERAL REPRESENTATION OF NOTEHOLDERS OR
BONDHOLDERS IN THE ENFORCEMENT AND PROTECTION OF THEIR RIGHTS.
499.38 VENUE. THE VENUE OF ANY ACTION OR PROCEEDING BY THE TRUSTEE
UNDER SS. 499.35, 499.36 AND 499.37 SHALL BE IN DANE COUNTY.
499.39 NOTICE BEFORE DECLARATION THAT NOTES OR BONDS ARE DUE AND
PAYABLE. BEFORE DECLARING THE PRINCIPAL OF NOTES OR BONDS DUE AND
PAYABLE, THE TRUSTEE SHALL FIRST GIVE 30 DAY'S NOTICE IN WRITING TO THE
GOVERNOR, THE AUTHORITY AND THE ATTORNEY GENERAL.
499.40 SYSTEM OF ACCOUNTS. SUBJECT TO AGREEMENTS WITH NOTEHOLDERS
AND BONDHOLDERS AND THE APPROVAL OF THE SECRETARY OF ADMINISTRATION, THE
AUTHORITY SHALL PRESCEIBE A SYSTEM OF ACCOUNTS.
499.41 NOTES AND BONDS AS LEGAL INVESTMENTS. THE STATE, THE
INVESTMENT BOARD, ALL PUBLIC OFFICERS, MUNICIPAL CORPORATIONS, POLITICAL
SUBDIVISIONS AND PUBLIC BODIES, ALL BANKS AND BANKERS, SAVINGS AND LOAN
ASSOCIATIONS, CREDIT UNIONS, TRUST COMPANIES, SAVINGS BANKS AND
INSTITUTIONS, INVESTMENT COMPANIES, INSURANCE COMPANIES, INSURANCE
ASSOCIATIONS AND OTHER PERSONS CARRYING ON A BANKING OR INSURANCE
BUSINESS, AND ALL EXECUTORS, ADMINISTRATORS, GUARDIANS, TRUSTEES AND
OTHER FIDUCIARIES, MAY LEGALLY INVEST ANY SINKING FUNDS, MONEYS OR OTHER
FUNDS BELONGING TO THEM OR WITHIN THEIR CONTROL IN ANY NOTES OR BONDS
ISSUED BY THE AUTHORITY. SUCH NOTES AND BONDS SHALL BE AUTHORIZED
SECURITY FOR ALL PUBLIC DEPOSITS AND SHALL BE FULLY NEGOTIABLE IN THIS
STATE.
499.42 RECORDS OF THE AUTHORITY. ALL RECORDS OF THE AUTHORITY SHALL
BE OPEN TO THE PUBLIC, EXCEPT THOSE RECORDS RELATING TO PENDING
RECYCLING PROJECTS WHICH, IN THE OPINION OF THE AUTHORITY, MUST REMIAN
CONFIDENTIAL TO PROTECT THE COMPETITIVE NATURE OF ANY SUCH RECYCLING
PROJECT.
499.43 INVESTMENT OF FUNDS. THE AUTHORITY MAY INVEST ANY FUNDS HELD
IN RESERVE OR SINKING FUNDS OR ANY MONEYS NOT REQUIRED FOR IMMEDIATE USE
OR DISBURSEMENT AT THE DISCRETION OF THE AUTHORITY IN SUCH INVESTMENTS
AS MAY BE LAWFUL FOR FIDUCIARIES IN THE STATE, IF AT LEAST 50% OF ANY
FUNDS HELD IN ANY RESERVE OR SINKING FUND BE INVESTED IN OBLIGATIONS OF
THE STATE OR OF THE UNITED STATES OR AGENCIES OR INSTRUMENTALITIES OF
THE UNITED STATES OR OBLIGATIONS, THE PRINCIPAL AND INTEREST OF WHICH
ARE GUARANTEED BY THE UNITED STATES OR AGENCIES OR INSTRUMENTALITIES OF
THE UNITED STATES.
499.45 EXEMPTION FROM LOCAL ORDINANCES; EXCEPT ZONING. WHERE ANY
BUILDING, STRUCTURE OR FACILITY IS CONSTRUCTED FOR THE BENEFIT OF OR USE
OF THE AUTHORITY, SUCH CONSTRUCTION SHALL NOT BE SUBJECT TO THE
ORDINANCES OR REGULATIONS OF THE MUNICIPALITY IN WHICH THE CONSTRUCTION
TAKES PLACE EXCEPT ZONING INCLUDING WITHOUT LIMITATION BECAUSE OF
ENUMERATION, ORDINANCES OR REGULATIONS RELATING TO MATERIALS USED,
PERMITS, SUPERVISION OF CONSTRUCTION OR INSTALLATION, PAYMENT OF PERMIT
FEES, OR OTHER RESTRICTIONS OF ANY NATURE WHATSOEVER.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 039 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
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HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
499.49 JUDICIAL BONDS. THE AUTHORITY SHALL NOT BE REQUIRED TO GIVE
BOND IN ANY JUDICIAL ACTION, PROCEEDING OR APPEAL.
499.50 TITLE. THIS CHAPTER MAY BE CITED AS THE "SOLID WASTE
RECYCLING ACT".
499.55 CONSTRUCTION OF CHAPTER. THIS CHAPTER IS NECESSARY FOR THE
WELFARE OF THIS STATE AND ITS INHABITANTS; THEREFORE, IT SHALL BE
LIBERALLY CONSTRUED TO EFFECT ITS PURPOSE.
SECTION 12. 885.01 (4) OF THE STATUTES IS AMENDED TO READ:
885.01 (4) BY ANY ARBITRATOR, CORONER, MEDICAL EXAMINER OF ANY COUNTY
HAVING A POPULATION OF 500,000 OR MORE, BOARD, COMMISSION, COMMISSIONER,
EXAMINER, COMMITTEE OR OTHER PERSON AUTHORIZED TO TAKE TESTIMONY, OR BY
ANY MEMBER OF A BOARD, COMMISSION, AUTHORITY OR COMMITTEE WHICH IS
AUTHORIZED TO TAKE TESTIMONY, WITHIN THEIR JURISDICTIONS, TO REQUIRE THE
ATTENDANCE OF WITNESSES, AND THEIR PRODUCTION OF DOCUMENTARY EVIDENCE
BEFORE THEM, RESPECTIVELY, IN ANY MATTER, PROCEEDING OR EXAMINATION
AUTHORIZED BY LAW; AND LIKEWISE BY THE SECRETARY OF REVENUE AND THE
EXECUTIVE SECRETARY OF THE DENTISTRY EXAMINING BOARD AND BY ANY AGENT OR
THE DEPARTMENT OF AGRICULTURE.
SECTION 13. INITIAL MEMBERSHIP. OF THE INITIAL MEMBERS APPOINTED TO
THE WISCONSIN SOLID WASTE RECYCLING AUTHORITY CREATED BY THIS ACT, 2
SHALL BE APPOINTED TO SERVE TERMS EXPIRING JANUARY 1, 1976; 2 FOR TERMS
EXPIRING JANUARY 1, 1978; AND 3 FOR TERMS EXPIRING JANUARY 1, 1980.
VETOED IN PART
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 040 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
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HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
HON. JENNINGS RANDOLPH CHAIRMAN, PANEL ON MATERIALS POLICY, COMMITTEE
ON PUBLIC WORKS, U.S. SENATE, WASHINGTON, D.C.
ONCE AGAIN I EXPRESS MY APPRECIATION FOR THE OPPORTUNITY TO SHARE OUR
VIEWS WITH YOU ON SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY. WE ARE
DEMONSTRATING OUR FAITH IN THE RESOURCE RECOVERY PRINCIPLE THROUGH
"AMERICOLOGY", THE RECOVERY TECHNOLOGY WHICH I DESCRIBED TO YOU IN
WASHINGTON.
MY COMPANY HEARTILY ENDORSES THE PRINCIPLE OF YOUR BILL (S. 3560) BUT
I WOULD LIKE TO OFFER A FEW OBSERVATIONS:
(1) OUR OWN EXPERIENCE WITH "AMERICOLOGY" CONVINCES ME THAT
MANAGEMENT OF THE SOLID WASTE STREAM IS WELL WITHIN THE CAPABILITY OF
AMERICAN TECHNOLOGY. WE ARE NOT GOING TO BE "BURIED IN OUR OWN
GARBAGE." EVEN WITHOUT THE MAJOR MATERIAL RECOVERY PROGRAMS WHICH YOUR
BILL ENCOURAGES, THE ENVIRONMENTAL PROTECTION AGENCY HAS PROJECTED
POST-CONSUMER WASTE GENERATION AT A 3.0-3.5% ANNUAL GROWTH RATE, AND
CONFIRMS THAT, "THE FASTER GROWING SEGMENTS, SUCH AS CONTAINERS AND
PACKAGING, WOULD PROBABLY BY THEMSELVES NOT PUSH THE OVER-ALL WASTE
GROWTH TO A HIGHER LEVEL." (UNDERSCORING ADDED). THIS PUTS THE PROBLEM
IN PERSPECTIVE AND CONFIRMS THE VALUE OF YOUR RESOURCE RECOVERY
PROGRAMS.
(2) MANY ENVIRONMENTAL AND CONSERVATION ORGANIZATIONS (AND EVEN
ELEMENTS WITHIN THE EPA ITSELF) ADVOCATE A "NO-GROWTH" ECONOMY AS A CURE
FOR THE NATION'S ILLS. NEITHER WORKERS NOR CONSUMERS WILL ACCEPT THIS:
AND THE FINANCIAL STRUCTURE OF THE AMERICAN ECONOMY, WITH ITS BUILT-IN
ESCALATIONS IN SOCIAL SECURITY FOR EXAMPLE, CANNOT SURVIVE IT.
(3) SOURCE REDUCTION IS COMPATIBLE WITH INCREASED PRODUCTIVITY AND
GOOD BUSINESS PRACTICES. AT AMERICAN CAN, TINPLATE USAGE PER UNIT OF
CAN PRODUCTION HAS BEEN CUT ALMOST IN HALF IN THE PAST DECADE. BOARD
CALIPER AND DENSITY IN OUR PAPER PACKAGES HAS BEEN SIGNIFICANTLY REDUCED
AS A RESULT OF PRODUCT DESIGN IMPROVEMENTS. IN 1973 WE ACHIEVED A 7.8%
ENERGY SAVINGS WITH A STILL LARGER SAVINGS THIS YEAR WITHOUT SACRIFICING
PRODUCTION. THESE ACCOMPLISHMENTS REPRESENT THE KIND OF RESOURCE
CONSERVATION WHICH YOUR BILL ENCOURAGES. I CERTAINLY HOPE THAT UNDER NO
CIRCUMSTANCES WILL CONGRESS PERMIT A NO-GROWTH MALIGNANCY TO INFECT
NATIONAL POLICY UNDER THE GUISE OF SOURCE REDUCTION. I THEREFORE URGE
THAT THE DECLARATION OF POLICY SECTION OF S. 3560 BE AMENDED TO INCLUDE
A CLEAR AND UNEQUIVOCAL STATEMENT THAT CONTROLLED GROWTH IS NOT THE MOOD
OF CONGRESS, AND THAT APPROPRIATE REVISIONS BE MADE IN OTHER SECTIONS OF
THE BILL WHICH DEAL WITH THE ADMINISTRATOR'S RESPONSIBILITIES TO GUARD
AGAINST UNWARRANTED MISINTERPRETATION OF AUTHORITY IN THIS AREA.
(4) THERE ARE PRACTICAL AND REALISTIC LIMITS TO THE TYPES AND NATURE
OFPOST-CONSUMERS WASTE THAT CAN BE REASONABLY HANDLED IN TODAYS' RAW
MATERIALS MARKETS. THE TESTIMONY OF SCIENTIFIC AND INDUSTRIAL EXPERTS
AT THE PANEL HEARINGS REVIEW THESE LIMITS AND THE REASONS FOR THEM. IN
THE AREA OF PAPER AND PLASTICS, PARTICULARLY, THE PANEL AND ITS STAFF
SHOULD GIVE THOUGHT TO THE DEMONSTRABLE VALUE OF THESE WASTES AS A NEW
AND MAJOR SOURCE OF ENERGY. S. 3560 SHOULD BE REVISED IN ITS
APPROPRIATE SECTIONS TO EXPRESS THIS REALISM.
OTHER COMPANIES AND ORGANIZATIONS HAVE UNDOUBTEDLY OFFERED AMENDATORY
LANGUAGE ON THESE PRINCIPLE AREAS. I ENDORSE THE COMMENTS AND
SUGGESTIONS ON S. 3560 IN THE STATEMENT SUBMITTED BY THE CAN
MANUFACTURERS INSTITUTE. IN ADDITION, THERE ARE ATTACHED TO THIS LETTER
OTHER MINOR AMENDMENTS TO KEY SECTIONS OF S. 3560 WHICH WE HOPE MAY
IMPROVE ITS EFFECTIVENESS. YOUR BILL IS NEEDED AND WELCOMED FEDERAL
LEGISLATION.
DECLARATION OF POLICY
REVISE THE PREAMBLE TO READ:
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 041 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
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HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
IT IS HEREBY DECLARED TO BE THE NATIONAL POLICY TO ENCOURAGE TO THE
GREATEST EXTENT PRACTICABLE, WITH THE LEAST POSSIBLE IMPACT ON THE
NATION'S ECONOMIC HEALTH AND PRODUCTIVITY OF ITS INDUSTRIES AND
BUSINESSES, THE RECOVERY OF RESOURCES INCLUDING ENERGY FROM SOLID WASTE
COMPONENTS COMPRISING PAPER, PLASTICS AND OTHER ORGANIC FRACTIONS FOR
WHICH PHYSICAL RECOVERY AND RESUE IS NOT FEASIBLE.
THESE REVISIONS ARE NECESSARY TO SAFEGUARD CONTINUED ECONOMIC GROWTH
AND PROSPERITY AS NATIONAL POLICY AND TO REFLECT THE REALISM OF ENERGY
GENERATION AS THE ONLY FEASIBLE MODE OF RECOVERY OF PAPER, PLASTICS AND
ORGANIC FRACTIONS FROM THE SOLID WASTE STREAM.
SECTION 217 (A) (1). MARKETS FOR RECOVERED RESOURCES. REVISE THE
LAST CLAUSE TO READ (LINE 15): AND SHALL GIVE ADDITIONAL PREFERENCE TO
THE PURCHASE OF GOODS AND MATERIALS MANUFACTURED WITH THE GREATEST
PROPORTION OF RECOVERED RESOURCES (WITH EQUAL CONSIDERATION BEING GIVEN
TO RECYCLED MATERILAS CONTENT, ENERGY FROM RECOVERY RESOURCES USED IN
MANUFACTURE, AND THE MANUFACTURER'S INTERNAL ENERGY AND MATERIALS
CONSERVAITON PRACTICES) AMONG COMPETING GOODS OF LIKE KIND AND QUALITY.
THESE REVISIONS ARE NECESSARY TO EQUATE ENERGY RECOVERY WITH
MATERIALS RECOVERY, AND TO PROPERLY ENCOURAGE AND REWARD A
MANUFACTURER'S INTERNAL ENERGY AND MATERIALS CONSERVATION PRACTICES IN
THE MANUFACTURE OF GOODS, WHETHER FROM VIRGIN OR SECONDARY MATERIALS.
SECTION 218 (A).
RESPONSIBILITIES OF PRIMARY PRODUCERS AND PACKAGING AND CONTAINER
MANUFACTURERS.
BEGINNING ON LINE 17, REVISE TO READ: . . . SHALL AS A CONDITION OF
ENTERING SUCH CONTAINERS INTO INTERSTATE COMMERCE CERTIFY THAT ALL
RECOVERED RESOURCES FROM CONTAINERS RECOVERED FROM RESOURCE RECOVERY
SYSTEMS CONSTRUCTED UNDER SECTION 208 OR SECTION 216, WILL BE PURCHASED
AT PREVAILING MARKET PRICES FOR SUCH RECOVERED RESOURCES THAT MEET
MARKET SPECIFICATIONS AND UTILIZED IN THE MOST FEASIBLE MANNER
COMPATIBLE WITH THE MANUFACTURING PROCEDURES OF THE CERTIFYING
MANUFACTURER, IF REQUESTED TO DO SO BY THE ADMINISTRATOR.
DELETE THE SENTENCE (SUCH GUARANTEE SHALL BE FOR THE PURCHASE AT
PREVAILING MARKET VALUE (AT THE PRIMARY MANUFACTURER'S PLACE OF BUSINESS
OR AT THE APPROPRIATE RESOURCE RECOVERY SYSTEM) OF RECOVERED RESOURCES
THAT MEET MARKET SPECIFICATIONS.) SUCH CERTIFICATIONS SHALL BE MADE IN
ACCORDANCE WITH REGULATIONS PROMULGATED BY THE ADMINISTRATOR. IN SUCH
REGULATIONS THE ADMINISTRATOR SHALL PROVIDE FOR THE CONSIDERATION OF THE
MANUFACTURER'S CONTRIBUTION TO THE TOTAL CONTAINER MARKET (IT BEING THE
INTENT OF THIS SECTION THAT NO MANUFACTURER SHALL BE RESPONSIBLE FOR THE
CONTAINERS OF ANOTHER MANUFACTURER), THE CHEMICAL OR METALLURGICAL
CAPACITY OF SUCH MANUFACTURER'S PRODUCTION PROCESS TO UTILIZE SUCH
RECOVERED RESOURCES, THE EXTENT TO WHICH THE MANUFACTURER'S PRIMARY
MATERIALS OR CONTAINERS CONTAIN RECOVERED MATERIALS OR ARE MANUFACTURED
WITH ENERGY FROM RESOURCE RECOVERY SYSTEMS, THE MANUFACTURER'S INTERNAL
ENERGY AND MATERIALS CONSERVATION PRACTICES, AND ANY OTHER FACTOR
AFFECTING SUCH MANUFACTURER'S ABILITY TO UTILIZE SUCH RECOVERED RESOURCE
OR OTHERWISE CERTIFY UTILIZATION OF SUCH RECOVERED RESOURCES.
SECTION 2. (E) AT LINE 8:
CHANGE THE WORD "GUARANTEE" TO "CERTIFY" TO BE CONSISTENT WITH
SECTION 218 (A).
THESE REVISIONS ARE NECESSARY TO REFLECT THE RAW MATERIALS MARKET AND
TRANSPORTATION REALITIES PREVAILING IN THE CONTAINER INDUSTRY AND TO
SUBSTITUTE A CERTIFICTION PROCEDURE AS A MORE EFFECTIVE WAY OF ACHIEVING
THE BILL'S PURPOSE OF RESOURCE RECOVERY AND UTILIZATION. FURTHER, THE
CONSIDERATIONS THE ADMINISTRATOR IS REQUIRED TO TAKE INTO ACCOUNT IN THE
CERTIFICATION REGULATIONS NEED EXPANDING TO GIVE PROPER RECOGNITION TO A
MANUFACTURER'S INTERNAL MATERIALS AND ENERGY CONSERVATION PRACTICES.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 042 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
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TRANSCRIPT
HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
COMMITTEE ON PUBLIC WORKS DIRKSEN SENATE OFFICE BUILDING, WASHINGTON,
D.C.
GENTLEMEN: THIS STATEMENT REFERS TO YOUR SOLID WASTE LEGISLATION
PROGRAM, SPECIFICALLY: S-3560, SOLID WASTE UTILIZATION ACT OF 1974;
S-3549, ENERGY RECOVERY AND RESOURCE RECOVERY ACT OF 1974; S-3277,
ENERGY AND RESOURCE RECOVERY ACT OF 1974; S-1086, HAZARDOUS WASTE
MANAGEMENT ACT OF 1973; AND S-3723, RESOURCE CONSERVATION AND ENERGY
RECOVERY ACT OF 1974.
RELATIVE TO THE ABOVE BILLS WE WOULD LIKE TO POINT OUT THAT WE HAVE
PROCESSED HUNDREDS OF THOUSANDS OF TONS OFINTEGRATED SOLID WASTE INTO A
RICK BLACK EARTHLIKE PRODUCT WHICH WE ARE SELLING UNDER THE TRADE NAME
SUPERSOIL. THIS PRODUCT IS MADE NOT ONLY FROM THE SO-CALLED COMPOSTABLE
MATERIALS WHICH ARE ORDINARILY ORGANIC MATTERS, BUT ALSO FROM THE METAL,
GLASS, LEATHER, RUBBER, ALUMINUM, PLASTICS, ETC., WITHOUT ANY
SEPARATION. WE CONSIDER THIS OPERATION AS TOTAL RECYCLING IN THE
STRICTEST SENSE OF THE WORDS. ALL THE MATTER THAT MAKES UP "SOLID
WASTE" HAS COME FROM VARIOUS AREAS AROUND THE WORLD AND THERE IS AMPLE
EVIDENCE TO PROVE THAT THE UTLIMATE MIXTURE IS A HIGHLY PRODUCTIVE END
PRODUCT, WELL BEYOND THE ORDINARY CONCEPT OF A COMPOST. THE INCLUSION
OF ALL THE TRACE ELEMENTS TENDS TO MAKE THE PRODUCT ULTRA RICH AS A SOIL
BENEFICIENT AND HUMUS BUILDER.
WHERE THERE IS A MARKET FOR SPECIFIC ELEMENTS OF THE SOLID WASTE
STREAM WHICH MAKES IT ECONOMICALLY VIABLE TO RECOVER THEM WE ARE ABLE TO
MAKE SUCH SEPARATION. AS A CASE IN POINT, THE RECYCLING OF SCRAP METALS
WOULD SEEM TO BE FEASIBLE DUE TO THE CURRENT HIGH PRICE OF SCRAP.
PRICES IN THE MARKETPLACE WOULD INFLUENCE THE REMOVAL OF OTHER ELEMENTS
SUCH AS GLASS OR PAPER. MEANWHILE, WE ARE PROCESSING THE ENTIRE MASS
AND SELLING IT FROM OUR PLANT IN KINGSTON, JAMAICA. THIS END PRODUCT IS
DISTRIBUTED IN FLORIDA AND USED ON VARIOUS TREES, VEGETABLES,
PASTURELAND, ETC.
IN SHORT, WE ARE IMPORTING THE CONVERTED GARBAGE FROM ANOTHER COUNTRY
INTO THE UNITED STATES AND SELLING IT HERE. THIS MATERIAL HAS BEEN
INSPECTED BY THE U.S. DEPARTMENT OF AGRICULTURE FOR ANY POSSIBLE
PROBLEMS AND HAS BEEN GIVEN A FAVORABLE ENDORSEMENT.
WE HAVE TRAVELED AT LEAST THREE MILLION AIR MILES IN PERHAPS FIFTY
COUNTRIES ONTE SUBJECT OF GARBAGE AND TRASH AND FEEL OUR EXPERIENCE OVER
THE LAST TWNETY YEARS IS AT LEAST EQUAL TO THAT OF ANYONE IN THE WORLD.
WE HAVE SOLD A SIMILAR PRODUCT TO THE ONE WE ARE MAKING IN JAMAICA AS
A REGISTERED ITEM IN PENNSYLVANIA AND NEW YORK AND THERE IS NO DOUBT
THAT THE PRODUCT CAN BE DISTRIBUTED IN THE ENTIRE U.S. WITHOUT ANY
PROBLEM.
AS RELATED TO THE ENERGY CRISIS, WITH THE STRIP MINING OF COAL
PARTICULARLY, IT SHOULD BE EVIDENT THAT THIS RICH END PRODUCT KNOWN AS
SUPERSOIL COULD BE A MAJOR FACTOR IN THE RECLAMATION OF THESE LANDS
AFTER THE COAL HAS BEEN REMOVED. WE HAVE CONDUCTED SUCH EXPERIMENTS
WITH VERY FAVORABLE RESULTS IN PENNSYLVANIA AS WELL AS IN THE BAUXITE
LANDS OF JAMAICA.
OUR PRESENT INSTALLATION IS CAPABLE OF HANDLING APPROXIMATELY 350
TONS IN 8 HOURS, WHICH TONNAGE IS ABOUT ONE THIRD OF THE CITY'S WASTE.
BECAUSE OF OUR PAST SUCCESS A NEW CONTRACT IS NOW BEING CLOSED IN WHICH
THE CITY WILL GUARANTEE 850 TONS PER DAY AND IT IS ANTICIPATED THAT WE
WILL PROBABLY HANDLE APPROXIMATELY 1000 TONS IN AN 8 HOUR PERIOD,
PROCESSING THIS ENTIRE STIGMATIC MASS INTO THE RICH EARTH-LIKE PRODUCT.
WE BELIEVE THAT IT IS WRONG TO BURN OR BURY THE RESOURCES OF NOT ONLY
THE U.S. BUT OF THE WORLD. IT TAKES A LITTLE IMAGINATION TO APPRECIATE
THAT THE WASTE COMING OUT OF THE AVERAGE AMERICAN CITY IS REALLY THE
SURPLUS OF THE BEST THAT THE WORLD HAS TO OFFER. IT SEEMS HIGHLY LIKELY
THAT AT SOME FUTURE DATE WE WILL BE UNEARTHING ALL THE DUMPS AND
SO-CALLED SANITARY LANDFILLS IN ORDER TO MINE THESE RESOURCES, IF ONLY
TO CONVERT THEM TO A MUCH NEEDED SOIL REPLACEMENT FOR OUR DEPELETED
LANDS. SINCE OUR SOIL BANK IS JUST ABOUT "SPENT" IT WOULD SEEM THAT THE
MARGINAL LANDS IN THE U.S. COULD STAND A HEAVY DRESSING OF NEW SOIL IN
ORDER TO BRING ABOUT THEIR FORMER HIGH PRODUCTIVITY.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 043 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
112986
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HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
IN ADDITION TO HAVING A PROCESS THAT IS COMPLETELY POLLUTION FREE
(THERE IS NO DRAINAGE OR AIR POLLUTION OF ANY KIND FROM THE PLANT
OPERATION) THERE IS THE ADDED BENEFIT THAT THE MATERIAL CAN BE USED
WITHOUT CONCERN IN ANY AREA IN THE U.S. THERE IS NOT PROBLEM SUCH AS WE
FIND IN THE POLLUTION OF OUR LAKES AND STREAMS THROUGH THE USE OF
CONCENTRATED CHEMICAL FERTILIZERS, WHICH BY THE WAY, ARE IN VERY SHORT
SUPPLY AT THIS TIME.
YOU WILL NOTE IN THE EXHIBITS ATTACHED THAT THERE IS AS MUCH INTEREST
IN THE VALUE OF THE PRODUCT AS THERE IS IN ITS ANSWER TO THE SOLID WASTE
DISPOSAL PROBLEM.
AN INSPECTION OF OUR PLANT AND, PARTICULARLY, THE USE OF THE END
PRODUCT IN FLORIDA, WILL INDICATE THAT OUR GARBAGE AND TRASH AHS GREAT
VALUE IN PRODUCING MORE AND BETTER VEGETABLES, FLOWERS, TREES FOR PAPER
PULP, ETC., AS WELL AS CONSERVING OUR MINED-OUT LANDS. WHY POLLUTE OUR
ATMOSPHERE THROUGH BURNING OR OUR WATER TABLE THORUGH DUMPING WHEN A
NON-POLLUTING RESOURCE IS AVAILABLE TO PROVIDE ENERGY FOR GROWING THE
NECESSITIES OF LIFE.
WE WOULD THANK YOU TO INSPECT THE ATTACHED DOCUMENTATION.
HOWARD G. BURR, DIRECTOR OF TECHNOLOGY
(BY LAWRENCE R. SHATZEL)
A SHORT PREAMBLE TO THE FOLLOWING REPORT IS GIVEN IN ORDER TO
ACQUAINT READERS WITH THE BACKGROUND OF THE WRITER AS REGARDS THE FIELD
OF REFUSE DISPOSAL, AND ALSO TO TOUCH ON THE VARIOUS FACTORS WHICH
INFLUENCED THE COMPARING OF PRESENT KNOWN DISPOSAL METHODS WITH THE
PROCESS AS OBSERVED AT KINGSTON.
MY EXPERIENCE IN THIS FIELD DATES BACK TWELVE (12) YEARS. FROM 1951
TO 1958 I WAS OWNER-OPERATOR OF A REFUSE COLLECTION ROUTE WHERE VALUABLE
EXPERIENCE WAS GAINED IN THE ASPECTS OF REFUSE COLLECTION MAKEUP AND
VOLUMES AS CONCERNS CLIMATE, TOPOGRAPHY, PER CAPITA WEALTH, AND THE MANY
OTHER FACTORS INFLUENCING COLLECTION AND DISPOSAL OF REFUSE. PRIOR TO
THIS I ATTENDED ROCHESTER INSTITUTE OF TECHNOLOGY FOR THREE (3) YEARS TO
STUDY INTERNAL COMBUSTION-STEAMPOWER-PROCESS CONTROL AND COMBUSTION
ENGINEERING. IN 1958 I WAS ENGATED BY THE IRONDEQUOIT RUBBISH DISPOSAL
DEALERS, INC.,AS THEIR EXECUTIVE SECRETARY, AND ASSUMED THE
RESPONSIBILITY OF THEIR BUSINESS AFFAIRS INCLUDING RESOLVING THE PROBLEM
OF REFUSE DISPOSAL THEN REACHING A CRITICAL POINT. THIS LED TO A
DETAILED AND WIDE SPREAD STUDY AND INVESTIGATION OF REFUSE DISPOSAL
METHODS. EXPERIENCE IN THIS FIELD BUILT UP RAPIDLY THROUGH ATTENDANCE
AT DISPOSAL SEMINARS CONDUCTED BY FEDERAL AND STATE HEALTH AUTHORITIES
PLUS APPLYING MODERN METHODS TO IRONDEQUOIT'S DISPOSAL SITE (POPULATION
APPROXIAMTELY 60,000), AS WELL AS PERSONAL INVESTIGATIONS OF
INCINERATION AND LANDFILL IN WESTERN NEW YORK STATE AREA. IN 1960
VARIOUS PRIVATE COMPANIES ENGAGING MY SERVICES TO ANALYZE THEIR
OPERATIONS LEADING TO AUTHORSHIP OF COMPARISON REPORTS ON THE ECONOMICS
AND AESTHETIC PHASES OF PRESENTLY KNOWN DISPOSAL METHODS; SOME OF WHICH
HAVE BEEN PRINTED BY LOCAL ROCHESTER AND IRONDEQUOIT NEWSPAPERS. CITY,
TOWN AND COUNTY AUTHORITIES HAVE COMMENDED THESE ARTICLES WHICH HAVE
ALSO BEEN EDITORIALLY REFERRED TO AND APPROVED BY THE NEWSPAPERS.
CLIMATE, NOISE ODOR, DUST, TRAFFIC, RODENTS, POLLUTION, STORAGE
FACILITIES, STANDBY EQUIPMENT, MALFUNCTION OF OPERATION, PERSONNEL,
CHARACTERISTICS OF REFUSE -- IN SHORT, ALL THE PROBLEMS INHERENT IN THE
EXISTING METHODS OF DISPOSAL ARE QUITE FAMILIAR TO THE WRITER. ALL
KNOWN OFFICIAL PAPERS PUBLISHED BY THE AMERICAN SOCIETY OF CIVIL
ENGINEERS CONCERNING THIS SUBJECT HAVE BEEN STUDIED IN AN EFFORT TO
ESTABLISH A BASE KNOWLEDTE CAPABLE OF EVALUATING ANY SPECIFIC DISPOSAL
SITUATION.
HAVING INVESTIGATED THE EFFICIENCY, ECONOMICS AND MECHANICS OF THE
RUBBISH DISPOSAL PROBLEM, INCLUDING THE POSSIBILITY OF BALING REFUSE FOR
ULTIMATE LANDFILL DISPOSAL, WE ARE AWARE OF THE ANTIPATHY OF THE GENERAL
PUBLIC CONCERNING THE REFUSE DISPOSAL PROBLEM. I FEEL CERTAIN THAT ANY
REPORTS SUBMITTED AS A RESULT OF THIS TRIP WILL BE INTEREST ONLY TO THE
PEOPLE NOW IN CLOSE PROXIMITY TO EITHER AN OPEN DISPOSAL SITE, AN
INCINERATOR OR A SANITARY LANDFILL OPERATION, OR TO PUBLIC OFFICIALS
CONCERNED WITH IMMEDIATE PROBLEMS OF SPACE FOR LANDFILL -- OR COSTS OF
INCINERATION.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 044 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
112987
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TRANSCRIPT
HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
IN CONFINING THESE REMARKS TO COMPARISONS OF THE KINGSTON PROCESS
WITH LANDFILL AND INCINERATION, IT SHOUDL PERHAPS BE STATED THAT OTHER
DISPOSAL METHODS -- THE OPEN, BURNING, SMOKING DISPOSAL SITE HAVE RUN
THEIR NIUSANCE COURSE IN OUR PRESENT MODERN SOCIETY, AND ARE NO LONGER
GIVEN CONSIDERATION AS A METHOD OF DISPOSAL BY ANY RESPONSIBLE OFFICIAL.
ALTHOUGH THE ECONOMICS OF LANDFILL OVER INCINERATION ARE QUITE CLEAR --
COMMUNITIES THAT HAVE BUILT UP THEIR LIMITS, PLUS THE SO-CALLED
"EXPLODING POPULATION" AND ITS EXODUS TO THE SUBRUBAN AREAS HAS CREATED
SUCH PROBLEMS OF SPACE FOR LANDFILLS, THAT THE PARTIAL REDUCTION OF
REFUSE BY INCINERATION APPEARED TO BE THE ONLY SOLUTION TO LONG TERM
RUBBISH DISPOSAL.
HOWEVER, IN REVERTING TO THE CONCEPT OF INCINERATION, AS THE MOST
ACCEPTABLE DISPOSAL METHOD,THE INITIAL DISINTEREST OF MOST TAX PAYERS
DISINTEGRATE UNDER THE COSTS OF FLOATING A BOND ISSUE FOR CAPITAL
EXPENDITURE AND AMORTIZATION, PLUS THE RECURRING EXPENSE OF OPERATION
AND REFURBISHMENT -- COMPOUNDED BY THE FREQUENT SELECTION OF
INEXPERIENCED PERSONNEL THROUGH POLITICAL PRESSURES, AND FURTHER
COMPLICATED BY THE INESCAPABLE FACT THAT 10 TO 30% OF RESIDUAL MATTER
FROM THE INCINERATOR AS WELL AS ALL NON-BURNABLES MUST ULTIMATELY BE
DISPOSED OF IN A LANDFILL. FACED WITH THE EXPENSE OF INCINERATION, MANY
COMMUNITIES CHOSE TO TURN TO LANDFILL AS THE LESSER OF TWO EVILS -- THIS
CHOICE IN FACT IS ONLY A MATTER OF LANDFILL PERCENTAGE: (A)
INCINERATION, PLUS A MEDIAN 22% LANDFILL FOR RESIDUALS AND
NON-BURNABLES, OR (B) 100% LANDFILL.
WITH THE EXPERIENCE OF SEVERAL UNPLEASANT LANDFILL HEARINGS STILL
FRESH IN MY MEMORY, TI WAS NATURAL TO LOOK WITH MORE THAN PASSING
INTEREST UPON A SYSTEM GEARED TO CONVERT VOLUME REFUSE (WITHOUT
SEPARATION) TO AN ORGANIC SALABLE PRODUCT IN A RELATIVELY SHORT TIME
INTERVAL.
TRUE -- WE KNOW THAT COMPOSTING ACTION WAS CAPABLE OF CONVERTING
UNWANTED WASTE MATERIAL TO A FERTILIZER STATE BENEFICIAL TO MAN AS A
FORCED GROWING MEDIUM. IT WAS, HOWEVER, POPULARLY CONCEIVED AS A
"BACKYARD" ACTIVITY FOR PATIENT GARDNERS, OR AS A RELATIVELY EXPENSIVE
PROCESS ON A COMMERCIAL SCALE.
IT WAS ALSO KNOWN THAT A SANITARY LANDFILL IS BASICALLY A COMPOSTING
ACTION, WITH DECOMPOSITION TAKING PLACE OVER THE COURSE OF MANY YEARS,
BUT HAVING NO COMMERCIAL VALUE AS REGARDS THE END RESULT.
TESTS TAKNE IN VARIOUS LANDFILLS INDICATED THAT DECOMPOSITION IS
GOVERNED BY IN PLACE DENSITY, (COMPACTION), DEPTH OF FILL, AND OTHER
FACTORS, BUT IN NO CASE COULD WE EXPECT COMPLETE DECOMPOSITION OF
NONSEPARATED REFUSE IN LESS THAN SEVEN (7) YEARS.
THUS -- FIRST KNOWLEDGE THAT A METHOD OF DESTRICTION PRODUCING A
SALABLE PRODUCT WITHIN THE RELATIVE SHORT PERIOD OF 15-21 DAYS WAS
PRACTICAL AND IN OPERATION, REPRESENTED SUCH A TECHNOLOGICAL ADVNACE IN
THIS FIELD THAT IT WAS WITH SOME MISGIVINGS THAT THE WRITER AGREED TO
SURVEY THE INSTALLATION IN JAMAICA.
IT WAS IN THIS FRAME OF MIND THAT THE WRITER LANDED IN KINGSTON TO
OBSERVE AN OPERATION THAT HE COULD UNDERSTAND IN SO FAR AS MASTICATION
OF MATERIAL AND ULTIMATE DECOMPOSITION TO ORGANIC MATTER WERE CONCERNED,
BUT WHICH HE COULD NOT RECONCILE TO THE TIME ELEMENT AS REFERRED TO
ABOVE. IT SHOULD BE CLEAR TO THOSE WHO HAVE READ THE REPORT TO THIS
POINT, THAT MY ORIGINAL INTEREST IN THIS MATTER WAS ONLY CONCERNED WITH
AN ECONOMICAL REDUCTION OF ALL REFUSE -- (WITHOUT THE NECESSITY OF A
SEPARATION, AND DUAL COLLECTIONS) TO AN INOFFENSIVE STATE REQUIRING NO
COMPACTION, FOR ULTIMATE DISPOSAL IN A SANITARY LANDFILL. SALE OF THE
END PRODUCT HELD NO INTEREST, OTHER THAN THE POSSIBILITY OF REDUCING
DISPOSAL COSTS, BY A RETURN FROM THE NET SALES.
AS THIS REPORT IS WRITTEN, MY PARAMOUNT INTEREST STILL REMAINS IN A
MASTICATING METHODS, THAT WILL PROVIDE OPTIMUM SURFACE AREA FOR RAPID
OXIDATION AND DECOMPOSITION IN ORDER TO CONSERVE LAND SPACE.
TO SAY THAT MY RECEPTION BY HOWARD BURR (ORIGINATOR OF THE ORGRANIC
PROCESS) AND HIS ASSISTANTS WAS OUTSTANDING WOULD BE AN UNDERSTATEMENT.
CERTAINLY THE QUIET CONFIDENCE AND SINCERETY OF THESE PEOPLE WHO HAVE
LIVED WITH THIS "IDEA" FOR SEVERAL YEARS WAS IN ITSELF IMPRESSIVE, AND
CANNOT BE OVER EMPHASIZED IN THIS REPORT. ALTHOUGH "CONFIDENCE" AND
"SINCERITY" WILL NOT ADD ONE IOTA TO THE PRACTICALITY OF THIS "PROCESS",
IT IS INCONCEIVABLE (TO THE WRITER) THAT MEN LIKE BURR, WALSH, GROUP,
AND WITTMER ARE LIVING IN A DREAM WORLD OF NON-FACTS. FROM THE MOMENT I
MET THESE MEN UNTIL I RELUCTANTLY LEFT THEIR COMPANY, I WAS IMBUED WITH
THEIR INTENSE DEDICATION TO THIS "PROJECT."
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 045 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
112988
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HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
MY FIRST IMPRESSION ON SEEING THE "PLANT" WAS ONE OF DISAPPOINTMENT.
I HAD VISUALIZED A FULLY ENCLOSED, THREE OR FOUR STORY STRUCTURE
(POSSIBLY FACED WITH AN ATTRACTIVE BRICK VENEER) WITH VIGOROUS ACTIVITY
TAKING PLACE THROUGHOUT ALL OPERATION.
MY DISAPPOINTMENT WAS RAPIDLY DISPELLED AS I PROGRESSED THROUGH THE
PLANT, OBSERVED THE OPERATION IN DETAIL, AND REALIZED THAT THIS
PARTICULAR UNITE WAS DESIGNED FOR THE CONDITIONS AND CLIMATE OF JAMAICA.
THIS IS AN INESCAPABLE FACE THAT MUST ALWAYS BE FORNE IN MIND BY ANY
EVALUATION MADE OF THE PROCESS HEREIN DESCRIBED -- THAT PLANT STRUCTURE
MUST BE DESIGNED TO FIT THE GEOGRAPHICAL AREA CONCERNED, AND CHARACTER
OF REFUSE GENERATION.
I SAW AN OPEN "SHELL" OF A BUILDING APPROXIMATELY 30' HIGH 100' WIDE
AND 150' LONG. THE ENTIRE UNIT SET ON A CONCRETE SLAB, COVERED BY AN
ALUMINUM SHEET ROOF, SUPPORTED VERTICALLY BY THIN COLUMNS OF CONCRETE
AND STEEL, AND HORIZONTALLY BY STEEL TRUSSES. ONE SIDE OF THE BUILDING
WAS ENCLOSED BY VIRTUE OF AN OFFICE, EMPLOYEE LOCKER ROOM, TOOL CRIB,
AND STORAGE FACILITIES THAT STRETCHED IN A CONTINUOUS LINE FROM FRONT TO
BACK.
ACROSS THE FRONT OF THIS OPEN "SHELL"WAS AN OPEN, CONCRETE PIT ABOUT
20 FEET IN DEPTH, WITH SEPARATION CAPABLE OF ACCOMMODATING SIX REFUSE
TRUCKS SIMULTANEOUSLY. AT THE BOTTOM OF THIS PIT WAS A STAINLESS STEEL
AGITATED BELT GEARED TO FEED REFUSE AT RIGHT ANGLES AT A STEADY PACE
INTO A RATHER SMALL (24") RUBBER, OR LEATHER BELT THAT ROSE AT
APPROXIMATELY A 90 DEGREE ANGLE, TO A UNIT RESMEBLING A CORSS BETWEEN A
CONCRETE BATCH HOPPER, AND AN OVERSIZED COFFEE GRINDER. THE "GRINDING"
UNIT WAS COMPLETELY ENCLOSED IN THREE-QUARTER INCH STEEL PLATE, WITH A
THREE FOOT SQUARE OPENING AT THE BOTTOM, FROM WHICH THE "FIRST STAGE"
MATERIAL WAS DISCHARGED. THIS OPENING PASSED THE MATERIAL ON TO A
SIMILAR BELT AND UNIT AS DESCRIBED ABOVE, FOR A SECOND MASTICATION. THE
SECOND GRINDER DISCHARGED MATERIAL INTO A DUMP TRUCK, BUILT UP TO ACCEPT
VOLUME OVER AND ABOVE NORMAL CAPACITY. FROM THIS POINT THE TRUCK
TRANSPORTED THE MATERIAL TO AN ADJACENT FIELD WHERE WINDROWS OF MATERIAL
RECEIVED A BACTERIAL INOCULATION AND ENTERED THE WORKING STAGE. ON THE
RIGHT OF THE FIRST BELT AND GRINDER LINE ANOTHER (THIRD) SIMILAR PIT,
BELT AND GRINDER (SINGULAR) LED TO A HOPPER, COVERED BY AN AGITATED
SCREEN, WHICH SIFTED OUT THE FINAL PRODUCT -- REJECT MATERIAL (ESTIMATED
TO BE 15% OR ORIGINAL MATTER INTRODUCED INTO THE PROCESS) PASSED OVER
THE SCREEN TO BE RENTERED INTO THE ORIGINAL GRINDING ACTION FOR ANOTHER
PASS THROUGH THE ENTIRE OPERATIONS.
AT THE POINT WHERE FINAL MATERIAL WAS SCREENED, PLANS ARE NOW BEING
COMPLETED TO ESTABLISH A PACKAGING OPERATION FOR SALE AS AN ALMOST PURE
ORGANIC FERTILIZER.
UPON MY ARRIVAL AT THE PLANT, I WAS GREETED COURTEOUSLY BY BURR AND
HIS ASSOCIATES AND ADVISED TO TAKE ALL THE PICTURES I WISHED. AT THIS
TIME THERE WAS NO ACTIVITY OTHER THAN A SWEP DOWN AND GENERAL CLEAN UP
WHICH HAD THE UNIT LOOKING NETA AND EFFICIENT. WHEN THE REFUSE TRUCKS
BEGAN TO ARRIVE I STATIONED MYSELF AT THE PITS AND WATCHED THE MATERIAL
ENTERING THE PIT. CLOUDS OF DUST AROSE EMPHASIZING THE DRYNESS OF THE
REFUSE. AS THE LOADS LANDED ON THE STAINLESS STEEL RECEIVING BELT, THEY
BEGAN TO BREAK UP AND SETTLE OUT AS THEY TRAVELED OVER THE AGITATED
BELT. FURTHER ASSISTING IN THIS ACTION AS A THREE PRONG, COUNTER
WEIGHED FREE SWINGING LEVELERS WHICH APPEARED TO EFFECTIVELY KEEP THE
PASSING REFUSE AT A MEDIAN LEVEL. ARRIVING AT THE END OF THE STEEL
BELT, REFUSE PASSED UP THE BELT LEADING TO THE GRINDER. TWO MEN WEARING
AIR MASKS (APPARENTLY DUE TO THE DUST) ASSISTED IN BREAKING UP MATERIAL
AT THIS RIGHT ANGLE JUNCTION.
CLOSE OBSERVANCE OF REFUSE ON THE BELT DISCLOSED AMONG OTHER MATTER
SUCH ITEMS AS GLASS BOTTLES, BANANA STALKS, TIN CANS, PIECES OF WOOD,
YARD CLIPPING PUTRECIBLE MATTER, AT LEAST TWO ENAMEL PANS, AND THE TOP
QUARTER OF AN OIL DRUM. NO EXCEPTIONALLY LARGE ITEMS COMMON TO THE
REFUSE OF THE NORTHEASTERN UNITED STATES WAS PASSED UP THE BELT. WHEN
QUESTIONED, MR. BURR ADVISED THAT ATTEMPTS TO OBTAIN A REPRESENTATIVE
MASS OF REFUSE WAS IMPEDED BY THE NATIVE POPULATION AND COLLECTORS WHO
SALVAGE EXTENSIVELY. AGAIN -- IN RAISING THE QUESTION OF BULK ITEMS
PASSING THROUGH THE GRINDER OPENING, MR. BURR INFORMED ME THAT THIS
OBSTACLE IS EASILY OVERCOME BY INSERTING A "CRUSHING" ACTION AHEAD OF
THE ORIGINAL "SETTLING OUT" OPERATION. HAVING AT ONE TIME INVESTIGATED
THE POSSIBILITY OF "BALING" REFUSE FOR DISPOSAL AS PRE-COMPACTED IN A
SANITARY LANDFILL, I CAN STATE THAT THIS IS A PRACTICAL ENGINEEERING
ACTION. QUESTIONS ON THE "JAMS" CREATED AT THE RIGHT ANGLE LEADING TO
THE RISING BELT, AND ON THE SMALL SIZE OF THE BELT IN OPERATION, WERE
ANSWERED BY A REMINDER THAT THE KINGSTON PLANT HAD BEEN FABRICATED ON
LOCATION AND GEARED TO LOCAL CONDITIONS.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 046 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
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(IN MY OPINION THIS ABOVE CONSTITUTES LOGICAL EXPLANATIONS, AND
SUGGEST THAT READERS BEAR THIS IN MIND WHEN COMPARING THEIR LOCAL
MAKE-UP OF REFUSE WITH FACILITIES AS DESCRIBED ABOVE.
IN FOLLOWING THE PREVIOUSLY MENTIONED REFUSE UP THE BELST, AND
THROUGH EACH "GRINDER", AT NOT TIME WAS THERE ANY HINT OF JHESTITATION
ON THE FLOW OF MATERIAL FROM PIT TO TRUCK . . . ESTIMATED FLOW AS
OBSERVED -- 30 TONS PER HOUR.
MATERIAL COMING FROM THE SECOND GRINDER HAD A SHREDDED APPEARANCE.
PAPER, GLASS, WOOD AND OTHER MATTER WAS CLEARLY DISTINGUISHABLE.
BRITTLE ITEMS SUCH AS GLASS, CERAMIC AND STONE WAS FREELY GROUND. METAL
ITEMS WERE REDUCED TO APPROXIMATELY ONE-HALF INCH SIZE. PAPER HAD THE
APPEARANCE OF HAVING GONE THROUGH SHEARS, AND WAS OF VARIOUS SIZES UP TO
2 INCHES BY 5 INCHES. AT THIS POINT, I AM SATISFIED THAT THIS
MASTICATING UNIT IS AN EFFICIENT METHOD OF REDUCTION FOR THE ITEMS
OBSERVED PASSING THROUGH THE GRINDER. I CANNOT IN HONESTY STATE HOW
EFFICIENT THIS PARTICULAR UNIT WOULD BE IF FORCED TO HANDLE THE TYPE OF
REFUSE GENERATED IN ROCHESTER AND ITS SUBURBS SUCH AS HOT WATER HEATERS,
APPLIANCES, TIRES, SPRINGS, MATTRESSES, ETC.
I AM PREPARED TO STATE, THAT IN MY OPINION A SIMILAR UNIT, IF
EXPANDED IN SIZE AND POWER, IS CAPABLE OF PERFORMING AS EFFICIENTLY AS
OBSERVED AT KINGSTON -- TAKING INTO ACCOUNT ALL FACTORS INCLUDING THE
"PILOT" PLANT GEARED FOR JAMAICA OPERATIONS, AS COMPARED WITH A TAILORED
UNIT BUILT TO FIT A SPECIFIC VOLUME SITUATION.
TEMPERATURE TESTS TAKEN UNDER EXACTING CONDITIONS IN SANITARY
LANDFILLS INDICATE MAXIMUM "WORKING" (DECOMPOSITION) TAKES PLACE AT
ABOUT TWO (2) YEARS AFTER IMPLACE COMPACTION. TEMPERATURES AT THIS TIME
WILL AVERAGE 80 TO 82 DEGREES F., AND APPEAR TO DROP BACK TO CLOSE TO
NORMAL GROUND TEMPERATURES AS OXYGEN AND MOISTURE TRAPPED IN MATERIAL
AND VOIDS IN THE FILL ARE EXHAUSTED THROUGH OXIDATION. MR. BURR ADVISED
THAT THE MATERIAL BEING PROCESSED AT KINGSTON DEVELOPED UP TO A MEDIUM
TEMPERATURE OF 160 DEGREES F. AS THIS TEMPERATURE DROPS THROUGH LOSS OF
MOISTURE AND OXYGEN, THE "WORKING" MATERIAL IS MOVED, BLENDED, SPRAYED
AGAIN WITH THE INOCULATION LIQUID AND ALLOWED TO CONTINUE "WORKING".
THE WINDROWS OF "WORKING" MATERIAL SEEN ADJACENT TO THE PLANT AT
KINGSTON WERE COVERED WITH A THIN FILM OF DIRT. THIS WAS DONE TO HOLD
THE TEMPERATURES AND HASTEN THE DECOMPOSITION ACTION.
I THRUST MY HANDS AND ARMS AS FAR AS POSSIBLE INTO THE MOUNDS. AT
ELBOW DEPTH I ENCOUNTERED SUCH DISCOMFORTING HEAT THAT I HAD TO
WIETHDRAW MY HAND. THE MATERIAL EXTRACTED AT THIS DEPTH WAS SOFT, BLACK
AND DAMP. THE ONLY RECOGNIZABLE MATTER WAS BITS OF STRING. THIS PLANT
JUST RECENTLY WENT INTO OPERATION AND MOST OF THE FORMER MASTICATED
REFUSE WAS DRAWN TO THE KINGSTON OPEN DUMP WHILE THE OPERATION WAS BEING
PERFECTED. (BASIC DESIGN DATES BACK TO 1954). ALSO SEEN WAS A SHED
PILED HIGH WITH BAGS ADVERTISING THE FINISHED PRODUCT AS FERTILIZER
BECAUSE THE PRIMARY MARKET WAS INTENDED FOR JAMAICA. THE DESIGN ON THE
BAG WAS SAID TO BE IN ERROR, AND SEVERAL WORKMEN WERE ENGAGED IN PLACING
SENSITIZED LABELS OVER THIS ERROR, WHICH I WAS INFORMED WAS A BANANA
PLANT SHOWING TWO STEMS INSTEAD OF ONE. APPARENTLY THIS WAS AN ERROR
THAT WOULD HAVE INVIGED RIDICULE FROM THE NATIVE POPULATION. I DID NOT
SEE THAT THIRD STAGE OPERATE. THIS IS THE ACTION INTENDED TO SIFT OUT
THE FINAL SALABLE PRODUCT. I WAS HANDED A SMALL SACK AND ASSURED THAT
IT WAS A SAMPLE OF THE FERTILIZER DEVELOPED FROM RAW REFUSE. IT IS MY
SINCERE CONVICTION THAT, IN THE OVERALL OPERATION AS OBSERVED IN FACT,
AND AS PROPOSED BY THEORY, THIS IS A PRACTICAL OPERATION. I CANNOT
ANSWER FOR THE ULTIMATE VALUE OF THE FINISHED FERTILIZER, BUT SUSPECT
THAT IT HAS BEEN TESTED AND PROVEN FOR NPK CONTENT, AND THERE REMAINS
ONLY THE MATTER OF ESTABLISHING A MARKET FOR THIS FERTILIZER.
IN THEORIZING ON THE METHOD EMPLOYED TO REDUCE MATERIAL PASSING
THROUGH THE GRINDS, AND ATTEMPTING TO RECONCILE ACTUAL OBSERVANCE WITH
REPUTED CLAIMS, THAT THE UNIT COULD REDUCE ENGINE BLOCKS, RAILROAD TIES,
AND OTHER SUCH DIFFICULT ITEMS, I PASS ON AS A MATTER OF PERSONAL
OPINION THE FOLLOWING THEORY. THE ACTION ENCLOSED IN THE GRINDER IS A
DUAL ONE (PERHAPS A TRIPLE ACTION) OF SPECIAL, HIGH SPEED, CLOSELY
SPACED SAW BLADES (WITH TEETH OF SUCH CONSTRUCTION THAT THEY ARE
IMPERVIOUS TO ALL NORMAL REFUSE), AND DRIVEN WITH SUCH POWER THAT THE
UNIT LITERALLY FEEDS MATERIAL (THROUGH TO A MASHING ACTION) SIMILAR TO A
HEAVY POWER SAW CONVERTING LOGS INTO BOARDS. IN ANY CASE IT IS A
MECHANICAL ACTION.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 047 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
112990
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HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
LIQUIDS
ALL LIQUIDS FROM THE RUBBISH ARE DRAINED OFF THROUGH HOLES IN THE
RECEIVING BELT INTO A SUMP PIT, FROM WHERE THEY ARE PUMPED INTO THE
INOCULATION TANK AND SPAYED BACK ONTO THE "WORKING" MATERIAL.
INDUSTRIAL WASTE
I WAS INFORMED THAT ONLY A CERTAIN FEW COMMERCIAL AND INDUSTRIAL ACID
WASTES WOULD NOT BE ACCEPTED DUE TO "PITTING"ACTION TO THE BELTS . . .
POSSIBLY ALSO BECAUSE IT MIGHT PASS ON A HARMFUL AGENT TO THE
FERTILIZER, ALTHOUGH ALL PATHOGEN GERMS AND HARMFUL ELEMENTS SHOULD BE
ADEQUATELY DESTROYED BY THE "PASTEURIZING" TEMPERATURE GENERATED IN THE
WORKING MATERIAL.
CLIMATE
THIS SHOULD POSE NO PROBLEM. AN OPEN PLANT SUCH AS OBSERVED AT
KINGSTON IS IDEAL FOR GEOGRAPHICAL AREAS NOT CONCERNED WITH THE DRASTIC
CHANGES IN WEATHER AND TEMPERATURES. NATIVE TO NORTHEASTERN UNITED
STATES A FULLY INCLOSED, AUTOMATED PLANT WITH BELTS, STROAGE BINS AND
VOLUME CAPACITY ACCLIMATED TO A SPECIFIC OPERATION, COMPLETELY ANSWERS A
LOCATION IN AN INDUSTRIAL SITE NEAR ANOTHER EXISTING INDUSTRY. THIS IS
NOT A DETERRENT FACTOR.
NOT A SIGNIFICANT PROBLEM. THE NOISE LEVEL WAS NOT UNREASONABLE IN
THE OPERATION OBSERVED EVEN THOUGH NO PARTICULAR EFFORT WAS BEING MADE
TO REDUCE THE NOISE FROM THE MASTICATING UNIT. AGAIN -- IT IS
ANTICIPATED THAT BAFFLES AND OTHER ABSORBING NOISE METHODS WOULD BE
NORMAL EQUIPMENT IN A SPECIFIC PLANT. THIS IS NOT A DETERRENT FACTOR.
NO UNPLEASANT ODOR WAS DETECTED. ALTHOUGH OBSERVATION WAS MADE IN AN
"OPEN AIR" PLANT, MASTICATED MATERIAL TESTED AT CLOSE RANGE (INCHES) HAD
NO FOUL ODOR. PERHAPS THE ODOR PERMEATING THE ENTIRE PLANT IS BEST
DESCRIBED AS "SWEET MUSTY". THIS FACT FOLLOWS THE NATURL LAW OF AEROBIC
DECOMPOSITION -- OPTIMUM SURFACE EXPOSURE TO AIR. THIS IS NOT A
DETERRENT FACTOR.
DUST
ALTHOUGH RAW REFUSE OBSERVED AT KINGSTON WAS EXTEMELY DRY, IT WAS
PARTLY DUE TO THE DRY SEASON THEN BEING EXPERIENCED PLUS INHERENT
CHARACTER OF REFUSE GENERATED IN KINGSTON.
AMPLE DUST CONTROL METHODS ARE AVAILABLE FOR INSTALLATION IN A
NORTHEASTERN UNITED STATES LOCATION WHERE REFUSE DOES NOT TEND TO BE AS
DRY AS THE TROPICS. THIS IS NOT A DETERRENT FACTOR.
TRAFFIC
THE ABILITY TO COLLECT ALL TYPES OF RAW REFUSE IN A SINGLE COLLECTION
IS A MAJOR EFFICIENT IMPROVEMENT OVER SEPARATION COLLECTIONS. IT
INCORPORATES THE BASIC ACCOMPLISHMENT OF MINIMUM TRAFFIC, EQUIPMENT AND
PERSONNEL. (EQUIPMENT AND PERSONNEL EFFECTED CAN BE ELIMINATED OR
TRANSFERRED TO OTHER MUNICIPAL OPERATIONS AS DESIRED.) THIS IS
DEFINITELY A PLUS FACTOR.
RODENTS
IMMEDIATE MECHANICAL REDUCTION OF PUTRESCIBLE MATTER, HIGH
TEMPERATURES ACHIEVED IN WORKING MATERIAL, AND AGITATION AND BLENDING
OPERATIONS LEAVE NO SOURCE OF FOOD OR AREA FOR RODENT HABITATION.
BURROWING ACTION IS NOT POSSIBLE ELIMINATING NESTING OR INFESTATION AS A
POSSIBILITY OR PROBABILIGY. THIS ISNT A DETERRENT FACTOR.
FLYS, INSECTS, VECTOR CONTROL
IT IS AN ACCEPTED FACT THAT PREGRINDING OFFERS INSTANT CONTROL AND IS
A PREVENTATIVE STEP IN FLY INCUBATION. MECHANICAL COMPOSTERS HAVE THE
ABILITY TO PROVIDE IMMEDIATE AERATION TO THE MATERIAL BEING PROCESSED,
ELIMINATING ODOR AS AN ATTRACTION TO FLIES. THE USE OF A HARD
IMPERVIOUS BASE SUCH AS A CONCRETE SLAB REMOVES THE OPPORTUNITY FOR
LARVAE TO MIGRATE TO SOIL FOR PUPATION.
MOISTURE CONTROL OF THE MASS UNDER COMPOST, PLUS AGITATION DURING
DECOMPOSITION SHOULD EFFECTIVELY PREVENT PROPAGATION OF FLIES THORUGH
EGG-LAYING AND DEVELOPMENT OF LARVAE.
GOOD HOUSEKEEPING MEASURES ASSUME AN IMPORTANT PLACE IN ANY PHASE OF
VECTOR CONTROL. WITH ASSURANCES THAT MACHINERY, BELTS, FLOORS, ECT.
WILL RECEIVE DAILY ATTENTION AND "SWEEPDOWN" THIS PROBLEM IS NOT
CONSIDERED A DETERRENT FACTOR.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 048 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
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POLLUTION
THERE EXISTS NO PROBLEM OF POLLUTION IN THIS METHOD OF DISPOSAL.
LIQUIDS ARE NOT FED TO SEWERS. IT IS SAVED AND RETURNED TO WORKING
MATERIAL AS SUCH MATERIAL ABSORBS ITS OWN MOISTURE AND SUPPLEMENTAL
MOISTURE MUST BE ADDED TO CONTINUE DECOMPOSITION UNDER CONTROLLED
MEASURES. FINISHED MATERIAL IS BAGGED FOR SAL AS A SOIL CONDITIONER OR
FERTILIZER.
THERE IS NO GRINDING TO SEWER TO POLLUTE WATER (GRINDING PLANT), NO
RETURN OF RAW REFUSE TO GROUND FOR POLLUTION FROM SURFACE DRAINAGE
(LANDFILL), AND NO SMOKE TO POLLUTE AIR (INCINERATION).
THERE IS THE PROBLEM OF CERTAIN INDUSTRIAL ACID WASTES
NOT ACCEPTABLE IN THE PROCESS FOR REASONS AS STATED ABOVE.
HOWEVER, THERE APPEARS NO REASON WHY SPECIAL SUITABLE
ARRANGEMENTS COULD NOT BE MADE FOR THIS CONTINGENCY.
THIS DOES NOT SEEM TO BE A DETERRENT FACTOR, BUT AN OVERALL
IMPROVEMENT IN THE AREA OF GROUND, WATER AND AIR POLLUTION.
STORAGE FACILITIES
OBVIOUSLY THE PROCESS AS OBSERVED WOULD HAVE TO BE FULLY INCLOSED IN
A GEOGRAPHICAL LOCATION SUCH AS ROCHESTER, NEW YORK. LOSS OF MOISTURE
AND OXIDATION REDUCES ORIGINAL REFUSE APPROXIMATELY TO 60% BY VOLUMETRIC
WEIGHT. ASSUMING A 500 TON DAY, 21 DAY CYCLE, 12 FOOT DEPTH, 300 POUND
CUBIC YARD, AND 15 COLLECTION DAYS IN A 21 DAY CYCLE -- 3 ACRES WOULD BE
REQUIRED FROM ENTRANCE OF RAW MATERIAL TO EXIT OF FINISHED PRODUCT.
MECHANICAL BELTS AND OTHER MECHANIZED EQUIPMENT MAKE IT REASONABLE TO
ASSUME SATISFACTORY OPERATIONS IN SPACE AREA REQUIRED, INCLUDING PLANT,
OFFICE, APPROACH, STORAGE AND BUFFER ZONE. IT APPEARS THAT 7-8 ACRES
WOULD BE REQUIRED FOR A 500 TON DAY. THIS IS NOT A DETERRENT FACTOR.
STANDBY EQUIPMENT
THE MASTICATING UNIT IS THE MAIN CONCERN IN THIS AREA. CLAIMS
ARE MADE THAT THIS ELEMENT CAN BE REMOVED AND REPAIRED IN 40-60
MINUTES. HOWEVER, A PLANT DESIGNED AND OPERATING AT CAPACITY
SHOULD HAVE A SAFETY FACTOR OF AT LEAST ONE COMPLETE SPARE
UNIT, AND SHOULD BE FURTHER PREPARED TO BYPASS A BROKEN
MECHANICAL BELT OR OTHER MECHANIZED MATERIAL HANDLING EQUIPMENT.
THE INITIAL DUMPING PIT SHOULD ALSO HAVE A SAFETY FACTOR OF SEVERAL
HOURS CAPACITY OVER AND ABOVE CONTINUOUS OPERATIONS. THIS DOES NOT
APPEAR TO BE A DETERRENT FACTOR.
MALFUNCTION OF OPERATION
THIS IS A THREE PHASE QUESTION -- SHORT TERM, LONG TERM AND
PERMANENT. SHORT TERM -- APPEARS TO BE MECHANICAL RATHER THAN
BIOCHEMICAL, I.E. BELT POWER, OR OTHER SUCH TEMPORARY FAILURE. LONG
TERM -- PRIMIARLY IN THE AREAS OF THE MASTICATING UNIT. NOTE COMMENT
UNDER "STANDBY" EQUIPMENT. PERMANENT -- THE CONTINGENCY IS CONFINED TO
TWO MAJOR FACTORS:
(A) TOTAL FAILURE OF MASTICATING UNIT TO ADEQUATELY HANDLE INCOMING
REFUSE. IN VIEW OF THE PREVIOUS MECHANICAL SUCCESS OF THIS PAHSE OF
OPERATION AT MCKEESPORT, PENNSYLVANIA AND KINGSTON, JAMAICA, WEST
INDIES, PLUS EXHAUSTIVE TEST RUNS THAT WOULD BE MADE PRIOR TO ACTUAL
CHANGEOVER FROM ANOTHER METHOD THERE SEEMS LITTLE LIKELIHOOD OF THIS
PROBLEM BEING OF PERMANENT CHARACTER.
(B) TOTAL FAILURE OF THE END RESULT AS EITHER A SOIL CONDITIONER OR
FERTILIZER. THIS EVENTUALLY IS MORE A PROBLEM FOR CONTRACT OPERATORS
THAN OF THE MUNICIPALITY CONTRACTING FOR DISPOSAL, AS CONTRACTUAL
RESPONSIBILITY OF THE END PRODUCT RESTS WITH OPERATORS. IT IS
INTERESTING TO NOTE THAT REDUCTION BY VOLUMETRIC WEIGHT OF ALL REFUSE
WOULD APPROXIMATE COMBINED VOLUMETRIC WEIGHT OF NON-BURNABLES, AND
RESIDUALS FROM INCINERATION NECESSARY TO DISPOSE IN A LANDFILL. THUS --
TOTAL FAILURE OF (B) WOULD STILL RESULT IN AN IMPROVEMENT OVER THE
PRESNET LAND DISPOSAL OPERATION. SUCH POSSIBILITY WOULD, OF COURSE,
REMOVE THE FACTOR OF GROSS INCOME FROM SALES. NEVERTHELESS, THERE ARE
STILL TWO OUTSTANDING ECONOMY MEASURES INHERENT IN THIS TYPE OF DISPOSAL
PROCESS:
(1) ELIMINATION OF SEPARATE OR DUAL COLLECTION.
(2) REDUCTION IN COSTS OF DESTRUCTION.
THIS DOES NOT APPEAR TO BE A DETERRENT FACTOR.
PERSONNEL
PERSONNEL OF COLLECTION WOULD CONTINUE TO BE UNDER MUNICIPAL CONTROL.
PERSONNEL OF PROCESS PLANT WOULD BE UNDER THE JURISDICTION OF PLANT
OPERATORS.
THE NORCO COMPANY STATES THAT THEY WOULD BE INTERESTED IN HIRING
INCINERATION EMPLOYEES SURPLUSED AS A RESULT OF A CHANGEOVER IN DISPOSAL
METHODS. OBVIOUSLY, INITIAL MANAGEMENT SUPERVISION WOULD HAVE TO BE
PRESENTLY HIGHLY TRAINED COMPANY PERSONNEL.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 049 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
112992
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HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
IT IS EXPECTED THAT AS LOCAL EMPLOYEES BECOME FAMILIAR WITH THE
PROCESS, THEY WOULD REPLACE NON-RESIDENT COMPANY SUPERVISION. OTHER
THAN SURPLUSED EMPLOYEES (WHO COULD BE RE-ASSIGNED TO OTHER MUNICIPAL
OPERATIONS IF SO DESIRED). THIS IS NOT A DETERRENT FACTOR.
WITH RE RAPID INCREASE IN HOME DISPOSAL UNITS, FROZEN FOODS AND
PACKED MEATS, THE CHARACTER OF REFUSE IN GENERAL (PARTICULARLY IN HIGH
PER CAPITA INCOME AREAS) HAS BEEN UNDERGOING A STARTLING CHANGE. PAPER
AND CELLULOSE CONTINUES TO INCREASE IN VOLUME AT THE RATE OF 1-2%
ANNUALLY. WET GARBAGE AND PUTRESCIBLE MATTER TENDS TO REDUCE
PORPORTIONATELY. THIS CHANGE HAS BEEN QUITE PROMINENT IN THE LAST TEN
YEARS AND IS REFLECTED IN HIGHER VOLUMES AND LESS VOLUMETRIC WEIGHT.
FLUCTUATIONS IN THE PRICES OF HOUSEHOLD SALVAGE MATERIAL SUCH AS
NEWSPAPERS, RAGS, RUBBER TIRES AND METAL HAVE BEEN DOWN GRADED IN
EFFECTING THE SALVAGE ACTIONS OF HOUSEHOLDERS AND CONTRIBUTED TO CHANGE
IN MAKEUP OF REFUSE AS NOTED. WITH THE EMPLOYMENT OF A "CRUSHING"
ACTION ON ITEMS OF LARGE SIZE SUCH AS FURNITURE, THERE IS EVERY REASON
TO ASSUME A HIGH CARBON CONTENT IN FINAL STAGE MATERIAL PASSING THROUGH
THE PROCESS. ALSO PROMINENT AS A FACTOR IN ROCHESTER RUBBISH, IS THE
HIGH VOLUME OF YARD RAKINGS GENERATED FROM EARLY SPRING TO LATE FALL,
AND THE UNUSUAL VOLUME OF LEAVES AND TREE TRIMMINGS REQUIRING DISPOSAL.
WITH THE ACCEPTANCE OF THE AGOVE, AND OTHER "DIFFICULT" ITEMS, TIRES,
MATTRESSES, SPRINGS, HOTWATER HEATERS AND APPLIANCES, FURNITURE, YARD
RAKINGS, TREE TRIMMINGS -- ALL OTHER MATTER SUCH AS GARBAGE, PAPER,
WOOD, GLASS, ETC., BECOMES INCIDENTAL, BLENDS INTO THE END RESULT, AND
PRESENTS NO PROBLEM. THERE DOES NOT APPEAR TO BE A DETRIMENTAL FACTOR
IN THIS FIELD.
ANY MUNICIPALITY FACED WITH:
A. THE PROBLEM OF CHANGE, OR EXPANSION OF REFUSE DISPOSAL FACILITIES
WITHIN A MINIMAL TIME OF FIVE (5) YEARS.
B. PRESENT COSTS IN EXCESS OF CONSERVATION INDUSTRIES' PER TON COST
SHOULD TAKE IMMEDIATE STEPS TO CONSIDER CONTRACTUAL INSTALLATIONS OF THE
CONSERVATION PROCESS.
THE ELIMINATION OF NEED FOR MUNICIPAL CAPITAL INVESTMENT (BOND ISSUES
OR OTHER TAX INCREASE MEASURE) SUCH AS WOULD BE NECESSARY FOR
INCINERATION OR LANDFILL, JUSTIFIED THAT THE CONSERVATION PROCESS SHOULD
BE APPROACHED WITH POSITIVE PROGRESSIVE ACTION.
INCINERATION (AT BEST) IS A CONTINUOUS, EXPENSIVE, PARTIAL REDUCTION
METHOD -- RESULTS IN THE NECESSITY OF MAINTAINING A LANDFILL SITE FOR
RESIDUAL MATTER AND NON-BURNABLES AND MUST BE CONSIDERED OBSOLETE IN THE
FORESEEABLE FUTURE.
LANDFILL (ALTHOUGH THE MOST ECONOMICAL METHOD OF DISPOSAL) HAS ITS
INHERENT ESTHETIC PROBLEMS, PUBLIC OPPOSITION, AND EVER DECREASING SPACE
IN THE ECONOMICAL RADIUS. THE IMPORTANCE OF THE FINANCIAL ARRANGEMENT
OFFERED BY CONSERVATION INDUSTRIES CANNOT BE OVER EMPHASIZED. WITH A
GUARANTEE OF TWENTY (20) YEARS REFUSE, THIS COMPANY WILL FINANCE, ERECT,
STAFF AND OPERATE A PLANT AT A PER TON COST OF DESTRUCTION GEARED TO THE
VOLUME SUBMITTED. COSTS ARE PRESENTLY ESTIMATED AT $2.00-$4.00 PER TON
FOR A 400 TON PER DAY UNIT -- LESS A GUARANTEE OF 10% RETURN TO USERS
FROM THE NET SALES.
FOR THOSE MUNICIPALITIES PRESENTLY CONCERNED WITH DUAL OR SEPARATE
COLLECTIONS OF BURNABLES AND NON-BURNABLES, THE ECONOMICAL FEATURE OF
ONE ALL INCLUSIVE COLLECTION PRESENTS AN INTERESTING OPPORTUNITY TO
IMPROVE SERVICE WHILE REDUCING COSTS. THE RESPONSIBILITY OF INITIATING
A DRASTIC CHANGE IN A REFUSE DISPOSAL PRACTICES IS GREAT, AND SHOULD BE
UNDERTAKEN WITH DUE CAUTION AND THOUGHT TO THE CLAIMS MADE AS REGARDS
COSTS, PERFORMANCE, AND ABILITY TO OPERATE UNDER CONDITIONS IMPOSED BY
THE MAKEUP AND CHARACTER OF REFUSE TO BE SUBMITTED. CAUTION, HOWEVER,
SHOULD BE CONFINED TO THAT PERIOD OF INDECISION PRIOR TO TECHNICAL AND
FINANCIAL EVALUATION BY MUNICIPAL AUTHORITIES. BY ALL MEANS A THOROUGH
AND EXHAUSTIVE INVESTIGATION TO PROTECT PUBLIC INTEREST -- FOR ONLY IN
THIS WAY WILL THE VAST SAVINGS WHICH ARE PRESENT IN THIS SYSTEM OF
REFUSE DESTRUCTION BE UNDERSTOOD. PERSONAL EVALUATION OF THE
CONSERVATION PROCESS IS CONTAINED IN THIS CLOSING STATEMENT -- IT IS MY
BELIEF THAT THE NATIONAL PROBLEM OF REFUSE DISPOSAL IS NO LONGER A
QUESTION OF BURNING OR BURYING -- BUT THE ULTIMATE OFFERED BY THE
CONSERVATION PROCESS -- RECOVERY.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 050 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
112993
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TRANSCRIPT
HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
"AMAZING RESULTS" HAVE BEEN OBTAINED BY THE USE OF "SUPERSOIL" IN
GROWING VARIOUS VARIETIES OF VEGETABLES AND ORNAMENTAL PLANTS IN
FLORIDA, MR. ROBERT MILLER, DIRECTOR OF FACILITIES AT DISNEYLAND,
FLORIDA, UNITED STATES, TOLD THE WEEKLY ON TUESDAY.
AFTER FOUR INCHES OF "SUPERSOIL" HAD BEEN APPLIED AS TOP DRESSING ON
A PATCH OF CAULIFLOWER, THE BULB GREW TO FOUR TIMES THE SIZE OF A
COMPANION PRODUCT CULTIVATED IN A CONTROL PLOT.
EUCALYPTUS TREES DEVELOPED TWICE THE GRITH AND GREW TWICE AS FAST
WHEN ONE INCH OF "SUPERSOIL" WAS APPLIED TO THE PLOT ON WHICH THEY
STOOD. THE LEAVES ALSO TOOK ON A TRANSLUCENCE NEVER WITNESSED BEFORE.
"SUPERSOIL" IS THE ORGANIC MANURE MANUFACTURED BY THE
GARBAGE-TO-FERTILIZER PLANT NOW IN OPERATION AT BUMPER HALL KINGSTON.
IN HIS CAPACITY AS FACILITIES DIRECTOR AT DISNEYWORLD MR. MILLER BUYS
HUNDREDS OF TONS OF "SUPERSOIL" AT A TIME FOR TRIAL AND OBSERVATION IN
HIS WORK.
WITH MR. HOWARD BURR, CHIEF EXECUTIVE OF CONSERVATION INTERNATIONAL,
INCORPORATED, MR. MILLER ARRIVED IN THE ISLAND AT THE BEGINNING OF THE
WEEK FOR A COMBINED HOLIDAY AND BUSINESS OCCASION. MR.BURR CAME IN
CONNECTION WITH THE BUSINESS OF THE BUMPER HALL PLANT. BOTH HAVE BEEN
GUESTS AT THE SHERATON-KINGSTON HOTEL.
DISNEYLAND COVERS AN AREA OF 43 SQUARE MILES IN WHICH THERE ARE SOME
27,000 ACRES. AS FACILITIES DIRECTOR, MR. MILLER IS IN CHARGE OF ALL
THIS LAND AND THE CARE AND DEVELOPMENT OF IT, AND PART OF HIS
UNDERTAKING IS TO BRING A GREAT DEAL OF THIS ACREAGE INTO VIABLE FARM
PRODUCTION.
AT DISNEYLAND, HE WAS OPERATING ON THE PRINCIPLE OF TAKING OUT SMALL
AREAS AT A TIME AND LAYING THESE OUT WITH "SUPERSOIL" IN ORDER TO TEST
HOW PLANTS THRIVED ON THE PRODUCT. IN EACH CASE, HE SET UP THREE PLOTS
-- ONE WITH "SUPERSOIL" MIXED WITH EARTH, A SECOND WITH THE FOUR-INCH
TOP DRESSING OF "SUPERSOIL", AND A THIRD WITH NATURAL SOIL IN
COMBINATION WITH PARTIALLY DECAYED MATERIAL.
IN ALL THE INSTANCES TRIED SO FAR, THE PLANTS LAID OUT ON "SUPERSOIL"
HAD DONE FOUR TIMES AS WELL AS THOSE ON NATURAL SOIL, SAID MR. MILLER,
AS HE ADDED THAT HE PLANNED TO USE "SUPERSOIL" IN HIS PLANS FOR
LARGE-SCALE AGRICULTURAL IMPROVEMENTS AT DISNEYLAND.
SOUTH FLORIDA AREA
AS OUR HEALTHY ENVIRONMENT SEEMS TO BE RAPIDLY DECLINING MAN
CONTINUES TO SEEK MORE INGENOUS WAYS OF CAPITALIZING ON THE EARTH'S
RESOURCES AT THE EXPENSE OF FUTURE GENERATIONS. OVER THE YEARS THESE
HAVE BEEN SOME HARDY INDIVIDUALS WHO HAVE CONSISTENTLY INTRODUCED
EFFECTIVE WAYS OF SOLVING OUR POLLUTION PROBLEMS AND HAVE SUGGESTED THAT
OUR LAND MAY BE REVITALIZED.
FIGHTING THEIR WAY THROUGH POLITICAL BUREAUCRACY, CHALLENGING
ANTIQUATED METHODS, AND EVEN SPENDING THEIR LIVES AS WELL AS MONEY --
THESE INDIVIDUALS ARE STRIVING FOR A BETTER WAY AND A FUTURE LIFE FOR
THIS EARTH. ONE SUCH MAN WHO HAS EMERGED AS A PIONEER IN THE FIELD OF
ANTI-POLLUTION IS MR. HOWARD BURR, TECHNICAL DIRECTOR FOR CONSERVATIONAL
INTERNATIONAL, INC. MR. BURR IS NOT MERELY A PROTESTOR, HE IS AN
INNOVATOR.
HIS ANSWER IS SUPERSOIL, A RICH SOIL CREATED BY CONVERTING GARBAGE
INTO SOIL BY A SPECIAL PROCESS CALLED THE CONSERVIT PROCESS. BEGINNING
OVER 17 YEARS AGO IN PENNSYLVANIA, MR. BURR BEGAN EXPERIMENTING WITH HIS
ENGINEERED-OWNED COMPANY TO SEE IF IT WAS POSSIBLE TO PRODUCE A SOIL
FROM GARBAGE WASTE. THE RESULT WAS AN EXPERIMENTAL PLANT WHICH OPERATED
EFFECTIVELY IN PENNSYLVANIA AND THE PLANT IS NOW BASED IN KINGSTON,
JAMAICA.
THE CONSERVIT PROCESS IS TWO-FOLD ACCORDING TO MR. BURR. IT
ELEMINATES ALL INCINERATION, LANDFILLS, AND THE NECESSITY FOR GARBATE
"DUMPS". THERE IS NO FIRE, WATER, OR ATMOSPHERE POLLUTION PROBLEM WITH
THIS UNIQUE PROCESS.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 051 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
112994
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TRANSCRIPT
HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
IT IS NO LONGER NECESSARY TO SEPARATE A COMMUNITY'S WASTE MATERIALS
SINCE THIS PROCESS CONVERTS EVEN GLASS, ALUMINUM,R AND PLASTICS INTO
SUPER SOIL.
WITHIN A PERIOD OF 12 TO 20 DAYS THE ORIGINAL GARBAGE GOES THROUGH A
STATE O- RAPID DECOMPOSITION WHICH IS STIMULATED BY CONTROLLED BACTERIA.
THIS BACTERIA IS PASTEURIZED ALONG WITH THE GARBAGE UNTIL THE FINAL
RESULTS ARE A SUPER SOIL WHICH IS FREE OR ODORS, SMOKE, OR ANY DISEASES
SUCH AS WOULD BE PREVALENT IN GARBAGE DUMPING AREAS.
ACCORDING TO MR. SAM HELLENSTALL, PRESIDENT OF CONSERVATION,
INTERNATIONAL, THROUGH REFINED ENGINEERING TECHNIQUES AND YEARS OF
SCIENTIFIC INVESTIGATION THE CONSERVIT PROCESS MEETS ALL LOCAL, STATE
AND NATIONAL SAFETY-POLLUTION CODES.
PLANS ARE BEING CAREFULLY LAID OUT IN SOUTH FLORIDA FOR POTENTIAL
CONSERVIT PLANTS TO BE CONSTRUCTED.
MR. WILLIAM J. VONAH, SECRETARY OF CONSERVATION INTERNATIONAL, INC.
REPORTS, "IN JULY OF 1973 WE BEGAN TO TRANSPORT OUR SUPER SOIL FROM
JAMAICA TO SOUTH FLORIDA. ONE OF THE INTERESTED BUYERS WAS DISNEY WORLD
OF ORLANDO WHO BOUGHT ONE OF THE FIRST TRUCKLOADS OF THE SOIL TO ENRICH
SOME OF THEIR GARDENS IN THE ORLANDO AREA."
SINCE THE SOIL IN FLORIDA IS VERITABLY STERILE, THE SUCCESS OF SUPER
SOIL MAY BE PHENOMENAL. IT MAY BE SUED AS A COMPOST BLENDED INTO
FLORIDA SOIL OR IT MAY BE USED STRICTLY AS A SOLE MEDIUM FOR GROWING
VEGETABLES OR OTHER FLORIDA FOLIAGE.
EVEN THE AMATEUR GARDENER WILL FIND A PURPOSE FOR SUPER SOIL. MRS.
WILLIAM VONAH RELATED HER GARDENING EXPERIENCES.
"I BOUGHT SOME MINIATURE PLANTS FROM MY TERRARIUM AND DECIDED TO USE
SUPER SOIL AND SUDDENLY THOSE TINY PLANTS WERE HUGE. THEY COULDN'T BE
CONTAINED IN A TERRARIUM. I HAVE HAD THE SAME RESULTS WITH VEGETABLES
WHICH I HAVE SIMPLY PLANTED IN RUBBER TIRES WITH SUPER SOIL AS THE
MEDIUM."
BECAUSE OF THE EXCELLENT RETENTION OF WATER MOISTURE IN THE SOIL AND
CONCENTRATED NATURAL NUTRIENTS, SUPER SOIL COULD POTENTIALLY TURN
FLORIDA INTO A RICH DELTA AREA.
EXPLAINING THE TRANSFORMATION PLANTS GO THROUGH WHEN SUPER SOIL IS
USED, MR. BURR SAID.
"VEGETABLE PLANTS MATURE MORE RAPIDLY AND THE YIELD IS CONTINUOUS --
EVEN THE TEXTURE OF THE LEAVES IS HEALTHIER AND THICKER."
MR. VONAH ADDED, "THE PLANTS GROWN IN SUPER SOIL SEEM TO BE
RELATIVELY IMMUNE TO COMMON DISEASES AND INSECT INFESTATION."
ONE OF THE UNUSUAL ASPECTS OF THE CONSERVIT PROCESS IS THAT THEY
PROVIDE ALL FINANCING AND RQUIRE NO CAPITAL EXPENDITURES FROM ANY
MUNICIPALITY. WITHOUT ANY EXPENSE TO THE PUBLIC, ACCORDING TO MR. BURR,
THIS PROCESS ELIMINATES ALL GARBAGE THROUGH A SAFE, ODOR AND DISEASE
OPERATION WHICH PRODUCES THE END PRODUCT, SUPER SOIL.
"THERE IS NO OTHER SOIL IN THE WORLD THAT CONTAINS ALL THE ELEMENTS
THAT IT HAS," SAID MR. BURR.
"IT IS ALSO LESS EXPENSIVE TO BUY THEN SOILS ON THE COMMERCIAL MARKET
AND IS ENTIRELY FEASIBLE FOR A FARMER TO UTILIZE OVER A LARGE AREA OF
LAND."
WHEN ASKED WHY HE BECAME INTERESTED IN THIS CONCEPT MR. BURR SMILED
BROADLY.
"I'LL TELL YOU," HE SAID, "MY ADVICE TO ANYONE WOULD BE THAT IT'S
TOUGH TO BE A PIONEER, BUT I REALLY DON'T REGRET IT AND NOW THE PUBLIC
IS CHANGING THEIR ATTITUDES AND INSISTING THAT LOCAL GOVERNMENTS DO
SOMETHING ABOUT RISING POLLUTION. WE THINK WE CAN HELP WITH OUR
PROCESS."
IN AN EDUCATIONAL FILM WHICH MIAMI-DADE JUNION COLLEGE PRODUCED ABOUT
THE CONSERVIT PROCESS IN JAMAICA, THERE IS ONE THOUGHT THAT WAS
IRREVOCABLE.
"THE EARTH NEEDS A VACCINATION AGAINST THE DISEASE OF MAN."
PERHAPS CONSERVATION INTERNATIONAL, INC., MAY BE ABLE TO HELP CHANGE
THIS DECAYING OUR OUR RESOURCES AND OFFER SUPER SOIL AS A "MEDICINE" TO
HEAL THE EARTH AND ELIMINATE SOME OF THE POLLUTION.
A TRUCKLOAD OF GARBAGE FROM KINGSTON, JAMAICA WAS UNLOADED THRUSDAY
MORNING IN SOUTH DATE.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 052 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
112995
1228
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TRANSCRIPT
HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
PART OF THE GARBAGE WILL BE SOLD TO DISNEY WORLD IN ORLANDO, WHILE
THE REMAINING GARBAGE WILL BE BOUGHT BY MANY SOUTH DADE RESIDENTS.
WHAT DO THEY PLAN TO DO WITH JAMAICAN GARBAGE?
SOME PLAN TO USE IT FOR COMPOST AND SOIL CONDITIONER WHILE OTHERS
PLNA TO USE IT AS PLANT FOOD AND POTTING SOIL.
THE GARBAGE IS IN A VERY UNUSUAL FORM. IT NO LONGER RESEMBLES THE
CONGOLMERATION OF CANS, BOTTLES, FOOD AND OTHER SORTS OF WASTE MOST
PEOPLE PICTURE AS GARBAGE. INSTEAD IT IS IN THE FORM OF A SAFE, USEFUL,
ODORLESS, DARK, RICH SOIL.
KNOWN AT THE "CONSERVIT PROCESS" THIS PROCEDURE OF CONVERTING GARBAGE
AND TRASH INTO A RICH SOIL, COULD BE THE POLLUTION-FREE SOLUTION TO THE
WASTE DISPOSAL PROBLEM.
THE CONSERVIT PROCESS HAS BEEN TESTED, PROVEN, AND REFINED OVER THE
LAST 18 YEARS, ACCORDING TO HOWARD BURR, TECHNICAL DIRECTOR OF
CONSERVATION INTERNATIONAL, INC., IN FORT LAUDERDALE, THE ONLY OPERATION
OF ITS KIND IN THE WORLD.
THE CONSERVATION PLANT WHERE THE CONVERTING TAKES PLACE AND THE
CONSERVIT PROCESS MEETS ALL LOCAL, STATE AND NATIONAL SAFETY AND
POLLUTION CODES.
THE PROCESS IS ENTIRELY FREE OF SMOKE, ODOR, WATER, OR AIR POLLUTION
AS WELL AS FLIES, RATS AND OTHER DISEASE VECTORS.
THE MAJOR PRINCIPLE OF THE PROCESS IS THE CONVERSION OF SOLID WASTE
WITHOUT ENDANGERING THE ENVIRONMENT. TO DO THIS, THE COMPANY IS USING
AN ACCELERATED METHOD OF DECOMPOSITION, "WITH SOPHISTICATED ENGINEERING
AND MATERIALS HANDLING TECHNOLOGY."
THE PROCESS OF CONVERTING GARBAGE INTO SOIL IS COMPLETED BY THREE
BASIC STEPS.
THE GARBAGE IS DUMPED WITHOUT SEPARATION INTO A GRINDER THAT PROVIDES
INITIAL REDUCTION AND THEN PASSED INTO A SECOND GRINDER TO CONTINUE
REDUCTION TO PROGRAMMED PARTICLE SIZE.
THE SHREDDED WASTE IS METHODICALLY PILED, NUMBERED AND CONVERTED
UNDER CONTROLLED MOISTURE AND TEMPRATURE CONDITIONS.
THE MATERIALS ARE THEN CONVEYED TO THE FINAL GRINDER FOR REDUCTION
PRIOR TO SCREENING. IT IS PASSED THROUGH A SHAKER SCREENING PROCESS AND
THE OVERSIZED MATERIAL RECIRCULATED.
THE SCREENED MATERIAL GOES ON FOR BULK STORAGE OR FINAL BAGGING.
"THE AMAZING THING ABOUT THIS PRODUCT IS THAT PEOPLE WANT THE END
PRODUCT," BURR RELATED. "WE'RE SELLING GREAT QUANTITIES OF THIS PRODUCT
KNOWN AS "SUPERSOIL."
MR HOWARD BURR, CONSERVATION INTERNATIONAL, INC., FORT LAUDERDALE,
FL.
DEAR MR. BURR: THANK YOU FOR SENDING THE BROCHURES.
OUR REVIEW OF YOUR WASTE HANDLING PROCESS INDICATES THAT THE
"SUPERSOIL" SHOULD NOT POSE A HAZARD TO OUR LIVESTOCK POPULATION.
ACCORDINGLY, YOU ARE AUTHORIZED TO IMPORT THE PRODUCT WITHOUT
AGRICULTURAL RESTRICTION.
MR. HOWARD BURR,
DEAR MR. BURR: I PURCHASED A BUCKET OF YOUR SUPER SOIL FROM JAMAICA
AT THE LAST FAIRCHILD TROPICAL GARDEN RAMBLE IN DECEMBER.
I HAVE HAD SUCH FANTASTIC RESULTS WITH IT ON MY INDOOR PLANTS THAT I
WOULD LIKE TO HAVE MORE. CAN YOU TELL ME WHERE I CAN PURCHASE SMALL
QUANTITIES LOCALLY?
IF YOU ARE INTERESTED, I CAN SEND YOU "BEFORE" AND "AFTER"
PHOTOGRAPHS OF AN AMARYLLIS WHICH I GREW INDOORS. THE DIFFERENCE WAS
PHENOMENAL.
I SHALL LOOK FORWARD TO HEARING FROM YOU.
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 053 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
112996
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TRANSCRIPT
HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
TO: MR. SAM HEPPENSTALL, PRESIDENT CONSERVATION INTERNATIONAL
FROM: AGRONOMIST, REGIONAL FIELD EXPERIMENTAL PROGRAMME, FACULTY OF
AGRICULTURE, MONA, JAMAICA
SUBJECT: INVESTIGATIONS INVOLVING SUPER-SOIL.
AS YOU ARE AWARE, THE 1972/73 RESEARCH PROGRAMME OF THIS OFFICE
INCLUDED A NUMBER OF INVESTIGATIONS ON THE USE OF SUPER-SOIL. INTEREST
IN THIS ORGANIC BASED MATERIAL STEMMED NOT ONLY FROM ITS MERITS AS A
SOURCE OF MAJOR AND MINOR PLANT NUTRIENTS BUT AS A SOIL AMELIORATING
PRODUCT.
PRIORITY IN OUR SOIL FERTILITY INVESTIGATIONS IS ATTACHED TO THE VERY
EXTENSIVE (ABOUT 1/3 OF THE ISLAND'S ARABLE AREA) ST. ANN CLAY LOAM,
GENERALLY KNOWN AS RED BAUXITE. ON THIS SOIL TYPE THE LEVEL OF CROP
YIELD IS USUALLY LIMITED BY THE AVAILABILITY OF PHOSPHATE. ITS HIGH
SESQUIOXIDE CONTENT CAUSES PHOSPHATE FIXATION TO BE A SERIOUS PROBLEM
AND TECHNIQUES OF FERTILIZER PLACEMENT BELOW THE DEPTH OF THE SEED AT
PLANTING HAVE PROVEN MOST ADVANTAGEOUS. SUPERSOIL WAS INCLUDED IN THESE
FERTILIZER PLACEMENT TRIALS USING RED PEAS (PHASEOLUS VULGARIS),
PEANUTS, IRISH POTATO AND YAMS AS TEST CROPS. IN THIS REGARD, I AM
HAPPY TO ADVICE THAT THERE ARE INDICATIONS THAT THE PRACTICE OF
PROVIDING A PROTECTIVE COVER TO CONCENTRATED FERTILIZERS SUCH AS
12-24-12, 6-18-27, WITH SUPERSOIL, IS ADVANTAGEOUS. RED PEAS, ON A
FIELD SCALE, BENEFITED BY BEING TWO WEEKS EARLIER. OBSERVATIONS OF
NURSERY BEDS ALSO SUGGEST THAT VERY SHALLOW FURROWS FILLED WITH
SUPERSOIL IS A VERY FAVOURABLE MEDIUM FOR RAPID GERMINATION OF TOMATO,
CABBAGE AND PEPPER. THE ADVANTAGES OF USING SUPERSOIL HAVE PROVEN SO
ENCOURAGING TO DATE, THAT THE RANGE OF CROP INVESTIGATIONS INVOLVING
THIS PRODUCT HAVE BEEN INCREASED TO INCLUDE FIELD SCALE TRIALS OF
SCHILLION, TOMATO, CABBAGE, SWEET POTATO AND CORN.
THE FIRST SEREIS OF TESTS WERE AIMED AT EVALUATING THE BEST METHOD OF
APPLICATION I.E. PLACEMENT TECHNIQUES VERSUS BROADCAST. THE PRESENT
SERIES, 1973/74, SEEKS TO ESTABLISH THE COST BENEFIT RATIO OF USING THIS
PRODUCT ON A FIELD SCALE EITHER SINGULARLY OR IN COMBINATION WITH
CONCENTRATED FERTILIZER CARRIERS. A WIDE RANGE OF DOMESTIC FOOD CROPS
ARE INVOLVED.
I LOOK FORWARD TO YOUR NEXT VISIT TO JAMAICA AND AN OPPORTUNITY TO
CONDUCT YOU ON AN INSPECTION TOUR OF INVESTIGATIONAL SITES.
DEAR MR. BURR: EVER SINCE THE INCEPTION OF YOUR COMPANY, WE HAVE
BEEN USING YOUR FERTILIZER ON OUR GOLF COURSE AND I WOULD LIKE TO GO ON
RECORD THAT IT IS AN EXCELLENT PRODUCT, AND IN FACT THIS IS ONE OF THE
REASONS WHY OUR GOLF COURSE ALWAYS LOOKS GREEN AND BEAUTIFUL.
AS YOU KNOW, WE ARE STILL USING YOUR FERTILIZER.
(STATEMENTS OF FALSTAFF BREWING CORP., SAFETY-PAK, PRINCETON
UNIVERSITY, AND UNIVERSAL GYPSUM CO., MAY BE FOUND BEGINNING AT PAGE
1872.)
740724
THE NEED FOR A NATIONAL MATERIALS POLICY
WISCONSIN SOLID WASTE RECYCLING AN INNOVATIVE PROGRAM AND LEGISLATION 740500
STATE OF WISCONSIN 730000 ASSEMBLY BILL 922 PUBLISHED 740618
CHAPTER 305 LAWS OF 730000
PART 054 OF 55
PAUL A W VICE CHAIRMAN
MAY W F CHAIRMAN
SUMMERS V WRITER
HAWKINS L A STAFF WRITER
MILLER D ACTING DIRECTOR, PROGRAMS DEVELOPMENT AND APPLICATION
ROSE S S
PAYNE H W
ZIADIE J CHAIRMAN
BURR H G DIRECTOR OF TECHNOLOGY
STATE OF WISCONSIN GOVERNORS RECYCLING TASK FORCE 828 N BROADWAY,
MILWAUKEE, WI 53202
AMERICAN CAN COMPANY GREENWICH CT
SUN SENTINEL FORT LAUDERDALE, FLORIDA
SOUTH DADE NEWS LEADER
DAILY CLEANER KINGSTON JAMAICA
US DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSEPCTION
SERVICE HYATTSVILLE, MD
UNIVERSITY OF THE WEST INDIES FACULTY OF AGRICULTURE MONA, KINGSTON,
JAMAICA
GREENS COMMITTEE
THE CAYMANS GOLF AND COUNTRY CLUB LIMITED SPANISH TOWN, JAMAICA
WISCONSIN SOLID WASTE RECYCLING AUTHORITY
CONSERVATION INTERNATIONAL INC. FORT LAUDERDALE, FLORIDA
112997
1228
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TRANSCRIPT
HEARING
ATTACHMENT TO 08111950 PARENT DOCUMENT.
BLANK PAGE OMITTED.
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 001 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
112999
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
ATTACHMENT TO 0811950 PARENT DOCUMENT.
TITLE PAGE OMITTED
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 002 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
113000
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
ATTACHMENT TO 0811950 PARENT DOCUMENT.
BLANK PAGE OMITTED
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 003 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
113001
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
SENATOR EDMUND S. MUSKIE UNITED STATES SENATE COMMITTEE ON PUBLIC
WORKS SUBCOMMITTEE ON AIR AND WATER POLLUTION WASHINGTON, D.C. 20510.
THANK YOU FOR INVITING THE AMERICAN IRON AND STEEL INSTITUTE TO
COMMENT ON THE RESOURCE RECOVERY DRAFT BILL (RESOURCE CONSERVATION ACT
OF 1974) PREPARED BY THE STAFF OF YOUR SUBCOMMITTEE ON AIR AND WATER
POLLUTION. AN OPPORTUNITY TO PRESENT OUR VIEW AT THIS EARLY STAGE IS
MOST WELCOME.
IT IS COMMENDABLE THAT YOU ARE UNDERTAKING A DETAILED REVIEW OF
FEDERAL PROGRAMS AND POLICIES RELATED TO SOLID WASTE MANAGEMENT. THE
STEEL INDUSTRY IS WELL AWARE OF ITS OWN RESPONSIBILITY TO HELP DEAL WITH
THE SOLID WASTE PROBLEM, PRATICULARLY AS IT RELATES TO STEEL CANS.
OUR COMMITMENT TO THIS TASK WAS MADE KNOWN TO YOUR COMMITTEE IN MY
TESTIMONY DURING HEARINGS IN AMRCH OF 1970 ON THE RESOURCE RECOVERY ACT.
AT THAT TIME I TESTIFIED FOR THE STEEL INDUSTRY AS CHIARMAN OF AMERICAN
IRON AND STEEL INSTITUTE, PUTTING THE INDUSTRY ON RECORD IN SUPPORT OF
THE LEGISLATION. AND, SIGNIFICANTLY, WE COMMITTED THE INDUSTRY TO A
PROGRAM WHOSE ULTIMATE OBJECTIVE IS THE COLLECTION AND RECYCLE OF ALL
SREEL CONTAINERS.
IN THE PAST THREE YEARS WE HAVE MADE IMPRESSIVE PROGRESS TOWARD THAT
OBJECTIVE. WE HAVE PROVIDED A MARKET FOR MUNICIPALLY GENERATED FERROUS
METALLICS AND HAVE GUARANTEED TO MAINTAIN THAT MARKET. TONNAGES OF CAN
SCRAP ARE GOING INTO STEELMAKING FURNACES IN SIGNIFICANTLY INCREASING
QUANTITIES.
TO ILLUSTRATE HOW FAR WE HAVE COME WE WOULDLIKE TO CALL YOUR
ATTENTION, FIRST, TO THE THREE-POINT SOLID WASTE RECYCLE PROGRAM
PROPOSED BY THE INDUSTRY THREE YEARS AGO, AND, THERE, DESCRIBE BRIEFLY
OUR FOLLOW-UP ACTIVITIES.
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 004 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
113002
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
THE PROGRMA IS DESIGNED TO DETERMINE WHERE COLLECTED CONTAINERS CAN
BEST BE RECYCLED, WITH THE ASSUMPTION THAT ALL OF THE USED STEEL
CONTAINERS PRODUCED IN THE FUTURE WILL BE COLLECTED AND RETURNED FOR
RECYCLE.
WE PLEDGED THAT A FULL-SCALE PRODUCTION TEST OF REMELTING AS MUCH AS
25 TONS OF COMPACTED CANS WOULD BE CONDUCTED AT A MAJOR STEELMAKING
PLANT. FINALLY, WE RECOMMENDED A FULL-SCALE DEMONSTRATION PROJECT IN A
METROPOLITAN CENTER AIMED AT THE COLLECTION OF ALL USED STEEL CONTAINER
WASTE -- WHETHER HOUSE HOLD, COMMERCIAL, OR LITTER -- AND THE RECYCLE OF
THAT WASTE TO ONE OR MORE STEEL COMPANIES.
WE HAVE CARRIED OUT OUR COMMITMENTS. WE HAVE DEMONSTRATED THAT THE
STEEL INDUSTRY HAS THE ABILITY TO CONSUME CAN SCRAP IN ITS NORMAL
STEEL-MAKING PROCESS AND HAS CONTINUED TO EXPAND THAT CAPABILITY. IN
ADDITION, THE INDUSTRY HAS ACTED AS A CATALYST IN HELPING BRING TOGETHER
PUBLIC OFFICIALS WHO SEEK MARKETS FOR RECLAIMED CANS AND INTERMEDIATE
PROCESSORS WHO CAN HANDLE THEM.
THE FULL-SCALE PRODUCTION TEST WE PROMISED, WAS CARRIED OUT IN A
BASIC OXYGEN FURNACE OF A MAJOR TINPLATE PRODUCER AND MORE IMPORTANT,
THE PRACTICE OF CHARGING CAN SCRAP INTO THE FURNACE IS NOW COMMONPLACE.
THE STEEL INDUSTRY GUARANTEES THAT EVERY STEEL CAN MADE FROM DOMESTIC
STEEL CONTAINS A MINIMUM OF 25 PERCENT RECYCLED MATERIAL.
THROUGH THE AMERICAN IRON AND STEEL INSTITUTE, THE INDUSTRY HAS
FINANCED OR HELPED TO FINANCE A NUMBER OF RESEARCH PROJECTS TO DEVELOP
IMPROVED METHODS FOR REMOVING FERROUS MATERIALS FROM THE MUNICIPAL WASTE
STREAM. IT IS ALSO HELPING TO SUPPORT VARIOUS DEMONSTRATION PROJECTS
TESTING THE ECONOMICS OF A SCRAP RECYCLE SYSTEM.
IN ST. LOUIS, WHERE PLANNING BY THE CITY, THE ENVIRONMENTAL
PROTECTION AGENCY, AND UNION ELECTRIC IS WELL UNDER WAY TO ESTABLISH A
SYSTEM COMBINING MAGNETIC SEPARATION AND USE OF SOLID WASTE AS AN ENERGY
SOURCE, THE STEEL INDUSTRY IS PROVIDING FINANCIAL ASSISTANCE FOR THE
PURCHASE OF PROCESSING EQUIPMENT TO PROVIDE A "NUGGETIZED" FORM OF
FERROUS SCRAP. THIS IS A NEW CONCEPT IN SCRAP PROCESSING AND WE ARE
GUARANTEEING A MARKET FOR THIS SCRAP. IT WILL GO TO ONE OF OUR LARGEST
TINPLATE PRODUCERS FOR REMELTING INTO NEW STEEL.
STEEL WITH 15 OTHER INDUSTRIES AND TWO LABOR ORGANIZATIONS IS
SUPPORTING THE PROGRAMS OF THE NATIONAL CENTER FOR RESOURCE RECOVERY,
WHICH ARE AIMED AT DEVELOPING TOTAL SYSTEMS AND SUB-SYSTEMS APPROACHES
TO RECYCLE MUNICIPAL SOLID WASTE.
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 005 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
113003
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
THE NATIONAL CENTER IN COOPERATION WITH THE EPA IS CONTRACTING WITH
WASTE MANAGEMENT, INC, TO ESTABLISH A RESOURCE RECOVERY FACILITY IN NEW
ORLEANS, THE FIRST IN A NETWORK OF SUCH FACILITIES. HERE AGAIN, THE
FERROUS SCRAP RECOVERED WILL HAVE A GUARANTEED MARKET. A MAJOR STEEL
COMPANY PRODUCING TINPLATE HAS GUARANTEED THAT ONE OF ITS SOUTHERN
PLANTS WILL BE A MARKET FOR THIS SCRAP.
WITH STEEL INDUSTRY SUPPORT, A NUMBER OF OTHER PROJECTS AIMED AT
RECLAMATION OF STEEL CONTAINERS (FROM MUNICIPAL SOLID WASTE ARE UNDER
WAY OR PLANNED. IN TAMPA, A STEEL COMPANY HAS COMPLETED ARRANGEMENTS
WITH THE CITY FOR REGULAR PURCHASE OF CANS MAGNETICALLY SEPARATED FROM
INCINERATED REFUSE. IN VANCOUVER, WASHINGTON, A STEEL PRODUCER HAS
AGREED TO TAKE RECLAIMED CANS WHEN THAT AREA'S MAGNETIC SYSTEM GOES INTO
COMMERCIAL OPERATION.
THE INDUSTRY HAS PARTICIPATED IN OTHER RECYCLING DEMONSTRATIONS IN
WILMINGTON, DELAWARE, AND, MOST RECENTLY, IN HOUSTON, TEXAS, WHERE
RECLAIMED CANS WERE MELTED INTO NEW STEEL AT NEARBY STEEL PLANTS.
THROUGHOUT THE COUNTRY, 22 MAGNETIC SYSTEMS TO RECOVER STEEL CANS ARE
CURRENTLY IN OPERATION. THEY ARE RECOVERING MORE THAN TWICE THE NUMBER
OF CANS THAT ARE BEING COLLECTED THROUGH VOLUNTARY PROGRAMS IN 350
CITIES. BY THE END OF 1973, 33 CITIES WILL BE MAGNETICALLY RECOVERING
STEEL CANS AT THE RATE OF 4 BILLION ANNUALLY. THUS WE HAVE MADE SOME
PROGRESS, AND WE EXPECT TO BE ABLE TO REPORT NOTABLE FURTHER PROGRESS IN
THE FUTURE.
THE SCOPE OF PRIVATE INDUSTRY'S EFFORTS TO HELP SOLVE THE SOLID WASTE
PROBLEM IS BROAD, BUT MAY NOT BE BROADLY RECOGNIZED BY GOVERNMENT AND
THE PUBLIC.
IT SI FOR THIS REASON THAT WE STRONGLY RECOMMEND THAT YOUR COMMITTEE
HOLD OVERSIGHT HEARINGS AS EARLY AS POSSIBLE THIS YEAR, TO FULLY
DOCUMENT WHAT HAS BEEN ACCOMPLISHED TO DATE PRIVATELY AND THROUGH THE
RESOURCE RECOVERY ACT. IT IS ESSENTIAL THAT THE COMMITTEE DETERMINE
WHAT HAS AND IS BEING ACCOMPLISHED BEFORE CONSIDERING ADDITIONAL
LEGISLATIVE PROPOSALS.
OVERSIGHT HEARINGS, IN OUR VIEW, WOULD BE A MOST EFFECTIVE WAY OF
UNDERTAKING WHAT YOUR DESCRIBE IN YOUR LETTER AS AN OBJECTIVE OF YOUR
SUBCOMMITTEE IN 1973 -- "AN IN-DEPTH REVIEW OF FEDERAL PROGRAMS AND
POLICIES RELATING TO RESOURCE RECOVERY, RECYCLING AND SOLID WASTE
MANAGEMENT." WE PROPOSE THAT YOU BROADEN THIS OBJECTIVE TO INCLUDE A
DETAILED REVIEW OF WHAT PRIVATE INDUSTRY IS DOLING TO SOLVE THE PROBLEM.
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 006 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
113004
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
AS IT NOW STANDS YOUR DRAFT BILL WOULD RISK GRAVE ECONOMIC
CONSEQUENCES FOR MAJOR SECTORS OF AMERICAN INDUSTRY, CERTAINLY INCLUDING
OUR OWN. IT IS NOT DIFFICULT TO DETERMINE FROM YOUR STAFF'S ANALYSIS OF
THE BILL THAT ITS INTENT IS TO BAN THE THROW-AWAY OR NON-RETURNABLE
BEVERAGE CONTAINER. BANNING THE NON-RETURNABLE CONTAINER HAS BEEN
PROVED TIME AND AGAIN AS INEFFECTIVE LEGISLATIVE ACTION COULD BE
CATASTROPHIC. IN THE CASE OF STEEL, ANY SUCH BAN COULD WIPE OUT A
SIZABLE PORTION OF TINPLATE PRODUCTION, WHICH ACCOUNTS FOR OVER 7
PERCENT OF AMERICA'S STEEL SHIPMENTS AND APPROXIMATELY 40,000 JOBS.
PASSAGE OF LEGISLATION WHICH WOULD BAN THE STEEL CONTAINER WOULD PLACE
THESE 40,000 JOBS IN JEOPARDY.
IN BRIEF, A POSITIVE APPROACH TO RESOURCE RECOVERY LEGISLATION SHOULD
EMPHASIZE PREFERENTIAL ECONOMIC TREATMENT FOR SOLID WASTE, TO ENABLE IT
TO COMPETE IN THE MARKET PLACE. THESE STEPS WOULD INCLUDE INCENTIVES
FOR PRIVATE ENTERPRISE AND ENCOURAGEMENT OF THE USE OF RECYCLED
MATERIALS.
AS EXAMPLES WE WOULD SUGGEST FOR CONSIDERATION LOW-INTEREST LOANS TO
PRIVATE BUSINESS ENTERPRISES TO ASSIST THEM IN DEVELOPING BETTER METHODS
OF SOLID WASTE DISPOSAL AND RECYCLE; A SUBSIDY FOR THE RECYCLE OF
MATERIALS RECOVERED FROM MUNICIPAL SOLID WASTE; AND EXEMPTION FROM
FEDERAL TAXATION OF REVENUE FROM SALES OF MUNICIPALLY GENERATED SOLID
WASTE.
YOUR LETTER INDICATED THE LIKELIHOOD OF HEARINGS ON YOUR PROPOSED
LEGISLATION IN MARCH OR APRIL OF THIS YEAR. WE WOULD LIKE TO PRESENT
DETAILED INDUSTRY COMMENTS DURING THE COURSE OF SUCH HEARINGS, OR AT THE
OVERSIGHT HEARINGS WE HAVE PROPOSED, SHOULD YOU DECIDE TO SCHEDULE THEM.
WE SHOULDLIKE TO REITERATE OUR APPRECIATION FOR THE OPPORTUNITY TO
PRESENT THESE COMMENTS.
GEORGE A. STINSON CHAIRMAN, NATIONAL STEEL CORPORATION CHAIRMAN,
PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND STEEL INSTITUTE
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 007 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
113005
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
FEBRUARY 2, 1973
THE HONORABLE EDMUND S. MUSKIE UNITED STATES SENATE WASHINGTON, D.C.
20510
AS THE NATION'S LEADING WASTE SYSTEMS COMPANY WITH OPERATIONS IN MORE
THAN 90 LOCATIONS THROUGHOUT THE UNITED STATES, CANADA AND PUERTO RICO,
BROWNING-FERRIS INDUSTRIES, INC., IS MOST INTERESTED IN THE PROPOSED
RESOURCE CONSERVATION ACT OF 1973 WHICH YOU HAVE DRAFTED. AN IMPORTANT
ELEMENT OF BROWNING-FERRIS' SYSTEMS APPROACH TO THE SOLUTION OF OUR
NATION'S WASTE STREAM FOR RECYCLING AND SUBSEQUENT RE-USE. ALTHOUGH OUR
PRESENT RESOURCE RECOVERY OPERATIONS CONCERN THEMSELVES PRIMARILY WITH
SECONDARY FIBERS AND FERROUS METALS, BROWNING-FERRIS BELIEVES THAT,
UNDER THE PROPER CONDITIONS, A GREAT POTENTIAL EXISTS FOR THE
RECLAMATION AND RECYCLING OF MANY OTHER MATERIALS.
CONSONANT WITH THAT BELIEF, WE ARE EXPANDING OUR OPERATIONS INTO THE
FIELD OF LIQUID WASTES.
IN ADDITION TO MEETING RESPONSIBILITIES TO OUR STOCKHOLDERS, OUR
COMPANY ALSO RECOGNIZED ITS RESPONSIBILITIES TO SOCIETY AND TO
GOVERNMENT. IT IS FOR THIS REASON THAT I AM WRITING TO YOU AND TO
SENATORS OF STATES IN WHICH WE HAVE OPERATIONS.
SENATOR MUSKIE, WE RESPECTFULLY OFFER YOU AND YOUR STAFF ANY
APPROPRIATE INFORMATION AND/OR ASSISTANCE IN THE AREAS OF SOLID WASTE
AND LIQUID WASTE SYSTEMS, ENVIRONMENTAL PROTECTION AND CONSERVATION OF
RESOURCES WHICH HAS RESULTED FROM OUR EXPERIENCE IN THE INDUSTRY. THE
SPECIAL ATATISTICAL SUMMARY INCLUDED IN THE BACK OF THE ENCLOSED COPY OF
OUR CURRENT ANNUAL REPORT IS ILLUSTRATIVE OF THE TYPE OF INFORMATION
AVAILABLE.
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 008 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
113006
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
SHOULD YOUR OR YOUR STAFF AT ANY TIME DESIRE INFORMATION ON CURRENT
WASTE SYSTEMS PRACTICES OR ON NEW WASTE SYSTEMS TECHNOLOGY, WE WOULD BE
MOST PLEASED AND HONORED TO BE OF WHATEVER SERVICE YOU DEEM APPROPRIATE.
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 009 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
113007
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
CONTINENTAL CAN COMPANY, INC. 633 THIRD AVENUE NEW YORK, N.Y. 10017
OFFICE OF
VICEPRESIDENT
ENVIROMENTAL AFFAIRS
FEBRUARY 1, 1973
THE HONORABLE EDMUND S. MUSKIE UNITED STATES SENATE COMMITTEE ON
PUBLIC WORKS WASHINGTON, D.C. 20510
WE ARE GRATEFUL TO YOU FOR THE OPPORTUNITY AFFORDED US TO REVIEW YOUR
LEGISLATIVE PROPOSAL ENTITLED "RESOURCE CONSERVATION ACT OF 1973."
WE FEEL THAT THE PROCEDURE OF REQUESTING COMMENTS EARLY FROM
INTERESTED INDIVIDUALS AND GROUPS IS A GOOD ONE.
THE WHOLE SUBJECT OF SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY HAS
BEEN RECEIVING HEAVY ATTENTION AND ACTION FROM A LARGE SEGMENT OF
INDUSTRY AND LABOR FOR SEVERAL YEARS.
IT IS A FAIR STATEMENT THAT MUCH ACTION HAS TAKEN PLACE IN THE SOLID
WASTE FIELD AND SUBSTANTIAL PROGRESS IS BEING MADE. IT IS BECOMING
INCREASINGLY CLEAR THAT PRIVATE INDUSTRY HAS IDENTIFIED PROFIT
OPPORTUNITIES IN THE AREAS OF SOLID WASTE COLLECTION AND SOLID WASTE
PROCESSING. I FURTHER BELIEVE THAT IN THESE TWO AREAS THE PRIVATE
SECTOR IS BETTER EQUIPPED TO BRING ABOUT IMPROVED AND EFFICIENT SYSTEMS
THAT WILL ENCOMPASS THE DUAL GOALS OF VOLUME REDUCTION AND RESOURCE
RECOVERY.
ATTACHMENT TO 08111950 PARENT DOCUMENT.
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 010 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
113008
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
A CAREFUL REVIEW OF YOUR STAFF PROPOSAL SUGGESTS TO ME THAT THE
COMMITTEE NEEDS TO FIND OUT A GREAT DEAL MORE ABOUT WHAT IS GOING ON
BEFORE ANY SPECIFIC LEGISLATIVE PROPOSALS ARE CONSIDERED.
THEREFORE, I URGENTLY RECOMMEND THAT OVERSIGHT HEARINGS BE THE FIRST
ORDER OF BUSINESS DURING THIS SESSION OF CONGRESS. FROM THESE OVERSIGHT
HEARINGS, I BELIEVE THAT CONSTRUCTIVE LEGISLATIVE PROPOSALS CAN BE
DEFIVED.
AGAIN, THANK YOU FOR GIVING US THE OPPORTUNITY OF OFFER YOU OUR
COMMENTS AND SUGGESTIONS.
DONALD V. EARNSHAW
CC: R.S. HATFIELD
CHAIRMAN OF THE BOARD AND PRESIDENT
CONTINENTAL CAN COMPANY, INC.
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 011 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
113009
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
DEVCO MANAGEMENT INC. 410 PARK AVENUE NEW YORK, NEW YORK 10022.
MARCH 1, 1973
THE HONORABLE EDMUND S. MUSKIE MEMBER, UNITED STATES SENATE 115 OLD
SENATE OFFICE BUILDING WASHINGTON, D. C. 20510
IN VIEW OF THE FACT THAT MY CORPORATION (DEVCO) HAS ASSUMED A MAJOR
ROLE IN THE DEVELOPMENT OF SOLID WASTE SYSTEMS, I HAVE REFRAINED FROM
PUBLIC COMMENTS DUE TO MY OBVIOUS BIASED POSITION. HOWEVER, CERTAIN
ISSUES REGARDING THIS NEW FIELD ARE QUITE GERMANE AND CRITICAL TO OUR
COUNTRY'S ENVIRONMENT, AND I WOULD LIKE TO BRING THEM TO YOUR ATTENTION
AT THIS TIME.
LARGE AMOUNTS OF CAPITAL (IN EXCESS OF $50 MILLION) HAVE BEEN SPENT
IN THE LAST THREE YEARS BY PRIVATE INDUSTRY TO DEVELOP SOLID WASTE
TECHNOLOGY. PRIOR TO 1969, I WOULD ESTIMATE THAT APPROXIMATELY 10-20%
OF THAT AMOUNT WAS ALLOCATED BY INDUSTRY FOR THE SAME PURPOSE.
SUFFICIENT TECHNOLOGY FOR AIR POLLUTION AND SOLID WASTE USAGE HAS BEEN
DEVELOPED AS A RESULT OF THOSE EXPENDITURES. YET, THERE IS STILL
CONTINUOUS ALLOCATION BY BOTH GOVERNMENT AND INDUSTRY FOR ADDITIONAL
DEMONSTRATION GRANTS AND VENTURE CAPITAL FUNDS. WE FEEL STRONGLY THAT
TECHNOLOGY HAS REACHED A POINT WHERE SIMILAR CAPITAL SHOULD BE USED FOR
ACTUAL IMPLEMENTATION PURPOSES.
HISTORY HAS PROVEN THAT IN OUR EFFORT TO CONSERVE AND SECURE THE
TAXPAYERS' DOLLARS, IT HAS NOT ONLY BEEN WASTED BUT IN SEVERAL CASES
MISUSED. AS FAR BACK AS THE 60'S POLLUTION AND DISPOSAL ISSUES WERE
BEING DISCUSSED. MOST EVERY KNOWLEDGEABLE PERSON IN THIS FIELD AGREES
THAT THE TECHNOLOGY IS HERE. THE FINAL QUESTION TO BE ANSWERED PERTAINS
TO ESTABLISHING THE PROPER FEDERAL AND STATE PROGRAMS SO AS TO EXPEDITE
IMPLEMENTATION OF NON-POLLUTANT SOLID WASTE DISPOSAL SYSTEMS.
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 012 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
113010
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
IN ADDITION, FEDERAL LEGISLATION REGARDING ESTABLISMENT OF THE MARKET
FOR RECYCLABLE BY-PRODUCTS IS NEEDED ON ALONG TERM BASIS SO AS TO REDUCE
INFLATION.
OTHER COUNTRIES HAVE SUCCESSFULLY COMBINED SOLID WASTE AND SEWAGE
DISPOSAL CONCEPTS. THERE IS A NEED TO IMPLEMENT ENERGY PRODUCING SOLID
WASTE SYSTEMS ON A REGIONAL AND LOCAL BASIS SO AS TO HELP MEET OUR
CURRENT CRISIS.
DEMONSTRATION GRANTS AND BOND ISSUES SHOULD BE DE-EMPHASIZED. THE
PROBLEM OF SOLID WASTES IS RELATED TO THE INDIVIDUAL STATES. HOWEVER,
STATES STILL NEED THE FULL SUPPORT OF THE FEDERAL GOVERNMENT IF THEY ARE
TO PROTECT OUR ENVIRONMENT.
THE STATE AND FEDERAL GOVERNMENT SHOULD ESTABLISH A REVOLVING TYPE
GUARANTEED PROGRAM SO AS TO OFFER ASSISTANCE TO LOCAL MUNICIPALITIES.
SAID PROGRAM COULD SIGNIFICANTLY REDUCE CURRENT BOND ISSUES AND
DEMONSTRATION GRANT ALLOCATIONS AND SIMULTANEOUSLY PROTECT LOCAL
MUNICIPALITIES, PARTICULARLY WHERE COSTS AND RELATED PROBLEMS ARE THE
GREATEST. THE PROGRAM SHOULD INCLUDE GUARANTEES FOR NEW TECHNOLOGY. IT
SHOULD ALSO ALLOW FOR THE USE OF PRIVATE CAPITAL AND ENCOURAGE THE SAME,
HOPEFULLY REDUCING AND NOLLIFYING THE USE OF TAXPAYERS' MONIES.
MOREOVER, THIS TYPE OF PROGRAM WOULD STIMULATE BOTH THE MUNICIPALITY
AND THE PRIVATE SECTOR AT SUCH A MAGNITUDE THAT WE WOULD SEE RAPID
DEVELOPMENT OF SOLID WASTE SYSTEMS. THE LEVERAGE FACTOR OF A REVOLVING
FUND GUARANTEED PROGRAM, WOULD SIGNIFICANTLY REDUCE CURRENT FEDERAL AND
STATE ALLOCATIONS. THE GUARANTEES COULD BE USED TO SECURE PROJECTS THAT
ARE SPONSORED BY PUBLIC OR PRIVATE ENTERPRISES.
WE BELIEVE THAT THE COUNTRY WILL NOT BENEFIT FROM CONTINUING
EXPENDITURES AND ALLOCATION OF MONIES FOR EXPLORATION OF NEW TECHNOLOGY.
NEW AND ADVANCED TECHNOLOGIES WILL BE CONTINUALLY DEVELOPED AS THESE
SYSTEMS ARE OPERATED. THE GUARANTEED PROGRAM SHOULD BE INITIATED ON A
SIMILAR BASIS TO THE S. B. A. PROGRAM (ENACTED FOR FLOOD AND OTHER
TYPES OF CRISIS).
I HAVE TAKEN THIS OPPORTUNITY TO OFFER A FEW OF MY VIEWS. I HOPE
THAT WE WILL HELP IN SOME WAY TO FOCUS THE ATTENTION OF ALL CITIZENS AND
LEGISLATORS ON THIS PROBLEM.
APPENDIX E, RESPONSES TO REQUESTS FOR COMMENTS ON SENATOR MUSKIE'S BILL
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 013 OF 13
STINSON G A CHAIRMAN
WATERS L A CHAIRMAN OF THE BOARD
EARNSHAW D V VICE PRESIDENT
EDWARDS D O CHIEF EXECUTIVE
NATIONAL STEEL CORPORATION PUBLIC AFFAIRS COMMITTEE AMERICAN IRON AND
STEEL INSTITUTE D C
BROWNING FERRIS INDUSTRIES INC HOUSTON, TEXAS
CONTINENTAL CAN COMPANY NEW YORK NY ENVIRONMENTAL AFFAIRS
DEVCO MANAGEMENT INC NEW YORK, NY
113011
1829
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRIPT
SENATE
I HAVE ATTACHED A COPY OF THE ARTICLES THAT STIMULATED THIS LETTER
AND I WOULD WELCOME THE OPPORTUNITY TO DISCUSS WITH YOU, OR MEMBERS OF
YOUR STAFF, THE MATTERS MONTIONED HEREIN.
I AWAIT YOUR RESPONSE.
DEIGHTON O. EDWARDS, JR. CHIEF EXECUTIVE
TO ENCOURAGE RECYCLING 730214
STATES FIND PROBLEMS IN DEVELOPING HIGHWAY ENVIRONMENT ACTION PLANS
750215 THE NEED FOR A NATIONAL MATERIALS POLICY 740718
THE VIRGINIAN PILOT
ENR
113012
NEWSPAPER CLIPPING
HEARING
TRANSCRIPT
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
THE VIRGINIAN - PILOT WEDNESDAY, FEBRUARY 14, 1973
PRESIDENT NIXON IS CONVINCED -- IF HIS WORDS ARE TO BE TAKEN AT FACE
VALUE -- THAT "WE CAN NO LONGER AFFORD THE INDISCRIMINATE WASTE OF OUR
NATURAL RESOURCES; NEITHER SHOULD WE ACCEPT AS INEVITABLE THE MOUNTING
COSTS OF WASTE REMOVAL. WE MUST MOVE INCREASINGLY TOWARD CLOSED SYSTEMS
THAT RECYCLE WHAT ARE NOW CONSIDERED WASTES BACK INTO USEFUL AND
PRODUCTIVE PURPOSES."
AND WILLIAM D. RUCKELSHAUS, ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY, ASSERTS: "THE PRINCIPAL OBSTACLES TO RESOURCE
RECOVERY ARE ECONOMIC AND INSTITUTIONAL, NOT TECHNOLOGICAL. WE ARE
GOING TO HAVE TO STOP SUBSIDIZING VIRGIN (NEW) MATERIALS' USE AND TAKE
STEPS TO ASSURE THAT SECONDARY MATERIALS CAN COMPETE ON AN EQUAL
FOOTING."
WELL, MR. RUCKELSHAUS'S AGENCY RECOMMENDED SUCH STEPS LAST AUGUST --
IN A REPORT TO CONGRESS THAT THE OFFICE OF MANAGEMENT AND BUDGET HAS NOT
YET RELEASED. THE STUDY'S AUTHORS RECOMMEND (1) AN END TO FREIGHT-RATE
DISPARITIES THAT DISCRIMINATE IN FAVOR OF RAW MATERIALS AND AGAINST
SCRAP, (2) GRANTING SUBSIDY PAYMENTS OF TAX INCENTIVES TO PROMOTE THE
RE-USE OF MUNICIPAL AND INDUSTRIAL SOLID WASTE, AND (3) REMOVAL OF THE
FEDERAL REQUIREMENT THAT BUYERS ATTENTION BE CALLED TO ANY "WASTE"
MATERIAL IN PRODUCTS. STEEL, OIL, GLASS, ALUMINUM, BREWING AND
SOFT-DRINK, TIMBER, AND CONTAINER INDUSTRIES OBJECT TO THE PROPOSALS TO
LIMIT PACKAGING, BAR NONRETURNABLE CONTAINERS, AND MODIFY THE LIBERAL
MINERAL-DEPLETION ALLOWANCES THAT ENCOURAGE MINING AND DRILLING FOR OIL.
IT IS UNLIKELY THAT DEPLETION ALLOWANCES WILL BE REDUCED SHARPLY OR
THAT RETURNABLE CONTAINERS WILL BECOME MANDATORY. WE ARE FACING AN ERA
OF HEAVY DEPENDENCY UPON MIDDLE EASTERN OIL AND DOMESTIC DRILLERS ARE
DEMANDING INCENTIVES FOR EXPLORATION. SHOPPERS REGARD THROWAWAY
CONTAINERS AS CONVENIENT.
STILL, IT OUGHT TO BE POSSIBLE TO REDUCE THE HANDICAP JUNK TRAVELS
UNDER.
IT COSTS 2 1/2 TIMES AS MUCH TO SHIP A TON OF STEEL OR IRON SCRAP BY
RAIL THAN IT DOES TO SHIP A TON OF IRON ORE. IT TAKES FOUR TONS OF
BAUXITE ORE TO MAKE A TON OF ALUMINUM, SO THREE TONS OF WASTE MUST BE
DISPOSED OF AT THE MILL. BY CONTRAST, A TON OF ALUMINUM CANS CAN BE
REPROSSED WITH ONLY 300 KILOWATT HOURS OF ELECTRICITY, BUT IT TAKES
16,000 KILOWATT HOURS TO MAKE A TON OF NEW ALUMINU. ENERGY SAVINGS ON A
SMALLER SCALE, BUT CONSIDERABLE NONETHELESS, ARE POSSIBLE IN USING
RECYCLED STEEL.
AND SOME 14 MILLION MORE GALLONS OF WATER ARE NEEDED TO MAKE A
THOUSAND TONS OF NEW PAPER THAN TO MAKE A THOUSAND TONS OF RECYCLED
PAPER. THE WATER COMES OUT POLLUTED IN EACH INSTANCE-- BUT MORE
POLLUTED WHEN PAPER IS BEING MADE FROM VIRGIN TIMBER.
WHAT THE NATION WOULD HAVE BY RECYCLING IS NOT PEANUTS. THE OFFICE
OF MANAGEMENT AND BUDGET SHOULD HASTEN ITS REVIEW OF THE ENVIRONMENTAL
PROTECTION AGENCY REPORT AND FORWARD IT TO CAPITOL HILL.
SOME STATES COULD HAVE ALL FEDERAL-AID HIGHWAY FUNDS CUT OFF LATER
THIS YEAR UNLESS THEY MOVE AHEAD QUICKLY IN DEVELOPING PLANNING
PROCESSES THAT ASSURE ADEQUATE CONSIDERATIONS FOR ECONOMIC, SOCIAL AND
ENVIRONMENTAL EFFECTS OF HIGHWAYS.
THE STATE ACTION PLANS, WHICH ARE IN RESPONSE TO THE 1970 FEDERAL
HIGHWAY ACT, ARE DUE AT THE FEDERAL HIGHWAY ADMINISTRATION (FWHA) FOR
REVIEW BY JULY 1 AND MUST GET FEDERAL APPROVAL BEFORE NOVEMBER 1. BUT AT
THIS STAGE A NUMBER OF STATES THEY ARE UNSURE JUST WHAT FHWA WANTS.
THE HIGHWAY ADMINISTRATION ISSUED GUIDELINES TO THE STATES LAST JUNE
OUTLINING FOUR BASIC CRITERIA EACH STATE MUST MEET IN ITS ACTION PLANS:
ACTIVELY SEEK INVOLVEMENT OF THE COMMUNITY AT ALL STAGES.
IDENTIFY SOCIAL, ECONOMIC AND ENVIRONMENTAL IMPACTS AND ASSURE THERE
WILL BE CAPABILITY TO STUDY THEM.
TAKE AN INTERDISCIPLINARY APPROACH.
OFFER ALTERNATIVES, INCLUDING PUBLIC TRANSIT AND BUILDING NOTHING.
EACH STATE MUST DEVELOP ITS OWN ACTION PLAN. THIS IS IN LIEU OF THE
FEDERAL GOVERNMENT HANDING DOWN SPECIFIC GUIDELINES.
AT LEAST 10 STATES "LOOK TO BE IN TROUBLE," SAY MICHAEL LASH, FHWA
DIRECTOR OF ENVIRONMENTAL POLICY, BUT HE REFUSES TO IDENTIFY THEM.
"THEY WAITED SO LONG AND PUT SO FEW DOLLARS INTO IT," HE SAYS.
ACCORDING TO MARVIN MANHEIM OF MASSACHUSETTS INSTITUTE OF TECHNOLOGY
URBAN SYSTEMS LABORATORY, WHICH HELPED DEVELOP THE FHWA GUIDELINES, "I
DON'T THINK HIGHWAY PEOPLE REALLY UNDERSTAND THE DEPTH OF CHANGE
REQUIRED TO MEET THE FHWA GUIDELINES."
ONE OF THE TOUGHEST PROBLEMS IS HOW TO INVOLVE THE PUBLIC
REALISTICALLY IN THE DECISION-MAKING PROCESS EARY ENOUGH IN THE PROCESS.
"IT'S NOT EASY TO PULL A GUY OUT OF HIS LIVING ROOM AT AN EARLY STAGE
OF DEVELOPMENT IN A HIGHWAY PLAN," LASH SAYS.
"IT WILL NOT BE ENOUGH FOR A STATE PLAN TO MERELY SAY OFFICIALS WILL
SELECT AN APPROPRIAGE LEVEL OF PUBLIC INVOLVEMENT, DEPENDING ON THE
PARTICULAR PROJECT,"SAYS LASH. INSTEAD HE WANTS THE ACTION PLANS TO
SPELL OUT JUST HOW THE PUBLIC WILL BE BROUGHT INTO EACH PROJECT.
MANHEIM CAUTIONS STATES NOT TO GET HUNG UP ON TECHNIQUES, BUT TO DEVELOP
A KIT OF TOOLS SUCH AS HEARING, MEETINGS AND ADVISORY GROUPS TO USE AT
VARIOUS STATES OF THE PLANNING PROCESS.
LEADING THE WAY. TO HELP THE STATES DEVELOP THEIR PROGRAMS, FHWA
ASSISTED WITH PILOT PLANS IN PENNSYLVANIA, FLORIDA AND NABRASKA.
"PENNSYLVANIA'S ACTION PLAN IS REALLY AN EXPANSION OF OUT PRESENT
ACTIVITIES, NOT A NEW SET OF PROCEDURES," SAYS LOUIS E. KEEFER, THE
STATE TRANSPORTATION DEPARTMENT DIRECTOR OF THE BUREAU OF ADVANCED
PLANNING. "WE ARE CALLING ON AN ENLARGED CITIZEN PARTICIPATION PROGRAM
BEGINNING AT THE SYSTEM PLANNING STAGE." NOW CITIZEN PARTICIPATION IS
MOSTLY AT THE PROJECT STATE.
IN THE PUBLIC MEETINGS, CITIZENS WILL BE ASKED TO COMMENT ON
COMMUNITY GOALS AND OBJECTIVES TO HELP DETERMINE LAND USE PATTERNS ON
WHICH THE TRANSPORTATION PLAN WILL BE BASED.
LASH SAYS THAT ABOUT HALF OF THE STATES ARE EXPECTED TO HAVE PROBLEMS
BUILDING UP A STAFF TO CARRY OUT THE GUIDELINES REQUIREMENTS BECAUSE
MANY ARE GOING THROUGH AUSTERITY PROGRAMS. PENNSYLVANIA'S ACTION PLAN
ESTIMATES THAT ABOUT 40 NEW POSITIONS IN THE STATE TRANSPORTATION
DEPARTMENT WOULD HAVE TO BE CREATED.
TEXAS, ON THE OTHER HAND, SEES NO NEED TO REORGANIZE OR ADD
PERSONNEL. HOWEVER MARC YANCEY, STATE HIGHTWAY ENGINEER FOR
ADMINISTRATION, SAYS "I SEE PROBLEMS AHEAD, AND I THINK THEY WILL COME
IN WHAT THE FEDERAL REQUIREMENTS WILL BE FOR CITIZEN PARTICIPATION."
FHWA FACES ANOTHER POTENTIAL PROBLEM: FILING AN ENVIRONMENTAL IMPACT
STATEMENT ON THE ACTION PLANS. THE QUESTION IS "UNDER REVIEW, "
ACCORDING TO LASH. IF IT DOES BECOME A REQUIREMENT, "WE WOULD DO THEM
OURSELVES," HE SAYS.
FHWA HOPES THAT THE ACTION PLANS WILL DECREASE COURT CHALLENGES TO
PROJECTS, SINCE THEY WILL EMERGE FROM AN APPROVED PROCESS DEVELOPED WITH
EARLY PUBLIC PARTICIPATION AND HEARINGS.
THE ENVIRONMENTAL PROTECTION AGENCY (EPA) IS FIGHTING A LOSING BATTLE
WITH THE NIXON ADMINISTRATION BUDGET CUTTERS OVER A $15-MILLION PROGRAM
OF FINANCING SOLID WASTE DEMONSTRATION PROJECTS. AS A RESULT, THE
ADMINISTRATION WILL PROPOSE LEGISLATION THAT WILL HAVE NO MONEY FOR
DEMONSTRATION GRANTS, EVEN THOUGH SUCH A GRANT PROGRAM WAS IN A DRAFT
BILL DEVELOPED BY EPA LAST YEAR.
THE EPA PROPOSAL, TO REPLACE THE RESOURCE RECOVERY ACT OF 1970 WHICH
EXPIRES IN JUNE, WOULD HAVE AUTHORIZED EPA TO MAKE GRANTS TO STATES FOR
DEMONSTRATING RESOURCE RECOVERY SYSTEMS AND FOR BILDING IMPROVD SOLID
WAST DISPOSAL PANTS. TH NW ADMINISTRATION PROPOSAL, MARKED
"ADMINISTRATIVE CONFIDENTIAL," WAS CHANGED EARLY THIS YEAR. AN INTERNAL
EPA MEMORANDUM DATED JAN. 9,1973, SAYS THE DRAFT BILL HAS BEEN CHANGED
TO CUT OUT FUNDS FOR CONTINUING EPA'S PLANNING AND DEMONSTRATION GRANT
PROGRAMS.
INSTEAD, THE ADMINISTRATION WANTS TO REORIENT THE WHOLE SOLID WASTE
PROGRAM TOWARDS FINDING WAYS TO CONTROL TOXIC WASTES. THAT, TOO, IS A
CHANGE IN ADMINISTRATION THINKING. JUST LAST YEAR, THE WHITE HOUSE WAS
PUSHING FOR UNDERGROUND DISPOSAL OF TOXIC WASTES.
MEANWHILE, THE SENATE PUBLIC WORKS POLLUTION SUBCOMMITTEE IS PLANNING
SOLID WASTE HEARINGS IN APRIL. A SUBCOMMITTEE SPOKESMAN SAYS THERE WILL
FIRST BE AN EXTENSIVE LOOK AT HOW THE SOLID WASTE PROGRAM IS OPERATING.
THEN THE COMMITTEE WILL MOVE INTO LEGISLATIVE PROPOSALS FOR A NEW LAW.
BESIDES, THE EXPECTED ADMINISTRATION BILL, THERE WILL BE ONE FROM SEN.
EDMUND S. MUSKIE (D-ME.) THAT CALLS FOR SPENDING HUNDREDS OF MILLIONS OF
DOLLARS FOR A VARIETY OF EFFORTS, INCLUDING EXTENSIVE GRANT PROGRAMS FOR
STATE AND LOCAL PLANNING, CONSTRUCTION OF DEMONSTRATION PROJECTS, AND
CONSTRUCTION OF IMPROVED DISPOSAL FACILITIES (ENR 1/25 P. 27).
SURE TO BE DISCUSSED AT THE HEARINGS IS AN EPA REPORT THAT FAVORS
RECYCLING WASTES. EPA, IN THE REPORT , SAYS THAT RECOVERY OF MATERIAL
FROM WASTES IS "CONCEPTUALLY THE BEST ALTERNATIVE TO DISPOSAL."
FEBRUARY 15, 1973 ENR
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 001 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113014
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT
STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION AUGUSTA, MAINE
04330
FEBRUARY 2, 1973
HONORABLE EDMUND S. MUSKIE UNITED STATES SENATE WASHINGTON, D. C.
20510
THANK YOU FOR THE OPPORTUNITY TO COMMENT ON YOUR PROPOSED LEGISLATION
WHICH WOULD AMEND THE RESOURCE RECOVERY ACT OF 1970. IN GENERAL I AGREE
THAT THE LONG RANGE APPROACH TO THE SOLID WASTE PROBLEM MUST BE ONE OF
REDUCED PACKAGING AND RECOVERY OF RESOURCES. THUS YOUR BILL IS A
WELCOME STEP FORWARD IN THAT REGARD. HOWEVER, CERTAIN ASPECTS MAY HAVE
IMPLICATIONS FOR MAINE THAT WOULD REDUCE THEIR VALUE, AND WE WOULD ASK
YOUR SERIOUS CONSIDERATION OF THESE MATTERS.
FIRST, MAY I MAKE THE PHILOSOPHICAL NOTE THAT ANOTHER CATEGORICAL
GRANT PROGRAM CARRIES WITH IT A CERTAIN LEVEL OF SUSPICION. SUCH A
GRANT PROGRAM'S SUCCESS WILL DEPEND IN LARGE MEASURE ON THE TYPE OF
ADMINISTRATION AND FUNDING IT RECEIVES OVER THE YEARS, AN ASPECT THAT IS
OFTEN SUBJECT TO NUMEROUS SHORTCOMINGS. HOWEVER, SOLID WASTE IS A MUCH
MORE SERIOUS PROBLEM THAN MOST PEOPLE ARE WILLING TO ADMIT, AND YOUR
APPROACH HAS THE MERIT OF CALLING ATTENTION AND DIRECTING RESOURCES TO
ITS SOLUTION.
TO GET MORE SPECIFIC ON THE BILL ITSELF:
(A) (1) - I WOULD QUESTION THE USE OF THE WORDS PROGRESS AND
IMPROVEMENT IN REFERENCE TO PACKAGING TECHNOLOGY. WHAT WE REALLY HAVE
HAD ARE CHANGES IN TECHNOLOGY AND MARKETING SYSTEMS WHICH HAVE LED TO A
PROLIFERATION OF PACKAGING. REDUCING THE AMOUNT OF PACKAGING SHOULD NOT
NECESSARILY IMPLY A DEGRADATION IN QUALITY.
(A) (3) BY IMPLICATION THE WORDING OF THIS PARAGRAPH IMMEDIATELY
PLACES THE EMPHASIS OF THE BILL ON URBAN AREAS, AN EMPHASIS WHICH
CONTINUES THROUGHOUT. NOT ONLY WOULD THIS BE HARMFUL TO MAINE, BUT IT
IGNORES THE VERY REAL COSTS OF SOLID WASTE MANAGEMENT THAT ACCOMPANY LOW
VOLUME, HIGH MILEAGE RURAL AREAS ALL OVER THE NATION WHERE PER CAPITA
AND PER TON MANAGEMENT COSTS MAY WELL EXCEED THOSE OF URBAN AREAS AND
WHERE THE ECONOMICS OF RESOURCE RECOVERY ARE MUCH LESS FAVORABLE.
SECTION 103 (FOR WHATEVER IT IS WORTH, THE NUMBERING SYSTEM IN THIS
SECTION IS NOT CONSISTENT WITH THE OTHERS.)
THE DEFINITIONS INCLUDED ARE APPROPRIATE, BUT THE PHRASE "SOLID WASTE
MANAGEMENT" IS USED A NUMBER OF TIMES WITHOUT DEFINITION, POSSIBLY
LEADING TO SOME CONFUSION.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 002 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113015
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
NO COMMENT.
IT SEEMS LIKELY THAT THE DECEMBER 31, 1973 DEADLINE IMPOSED ON E.P.A.
FOR REPORTING TO CONGRESS IN THIS AREA IS UNREALISTIC, ESPECIALLY IF, AS
SEEMS PROBABLE, THE BILL WOULD NOT RECEIVE APPROVAL BEFORE LATE SUMMER.
(B) AS WRITTEN THIS PARAGRAPH ALLOWS SEVERAL UNDESIRABLE THINGS TO
OCCUR.
1. IT GIVES A FINANCIAL BONUS TO STATES WHICH, FOR WHATEVER REASON,
ARE READY TO GO QUICKLY. THIS WILL PROBABLY MEAN STATES WITH RESOURCES
TO HAVE BEEN WORKING ON THE PROBLEM ALREADY, OR IT WILL MEAN HASTILY
PLANNED PROGRAMS.
2. IT ASSUMES THAT A STATEWIDE PROGRAM IS MOST SUITABLE, AND
PROVIDES AN INCENTIVE. IN STATES LIKE MAINE IT IS QUITE POSSIBLE THAT
SUCH AN APPROACH WOULD BE BOTH POLITICALLY AND ECONOMICALLY UNWISE.
3. WITH LIMITED GRANT FUNDS AVAILABLE MANY OF THE STATES MOST IN
NEED OF ASSISTANCE ARE LIKELY TO BE SHORTED "AT THE TROUGH".
(C) (2) SEE COMMENT #2 ABOVE. IT CERTAINLY APPLIES HERE.
(D) (1) THE PURPOSE HERE IS NOT ENTIRELY CLEAR BUT AT SOME POINT IN
THE BILL A PROVISION SHOULD BE MADE TO REQUIRE STATE APPROVAL ON ALL
GRANT APPLICATIONS FROM NON-STATE AGENCIES. FAIRURE TO DO THAT WILL
RESULT IN OVERLAPPING APPLICATIONS AND A LOSS OF STATE ABILITY TO
ENCOURAGE THE BEST COMBINATIONS OF MUNICIPALITIES, SHORT OF LEGISLATIVE
POWER TO MANDATE.
AGAIN THE EMPHASIS IN THIS SECTION IS ON RESOURCE RECOVERY OR AT
LEAST ON THE IMPROVEMENT OF TECHNOLOGY (107) (C) (1) (B). IT IS
PROBABLE THAT SIGNIFICANT EFFORTS IN RESOURCE RECOVERY OR SIGNIFICANT
TECHNOLOGICAL IMPROVEMENTS WOULD NOT OCCUR IN RURAL AREAS OF STATES LIKE
MAINE. THE VOLUME IS TOO LOW TO SUPPORT SUCH ADVANCES, LAND IS USUALLY
AVAILABLE, AND THE TRAVEL DISTANCES REQUIRED TO CENTRALIZE ARE OFTEN
UNECONOMICAL. SO, WHILE SOME IMPROVEMENTS MIGHT BE MADE, WE WILL
USUALLY BE FACED WITH SANITARY LANDFILL AND RELATIVELY SMALL REGIONS OR
SINGLE TOWN OPERATIONS. BUT EVEN THIS, PROPERLY DONE, WOULD BE A BIG
STEP FORWARD FOR A STATE LIKE MAINE, AND AN EXPENSIVE ONE THAT DESERVES
SUPPORT. SUCH AN APPROACH SHOULD, IN OUR ESTIMATION, ENCOURAGE RESOURCE
RECOVERY AND TECHNOLOGY, WHERE PRACTICAL, BUT PERMIT THE ADMINISTRATOR
TO MAKE GRANTS WHERE VOLUME AND MARKETS CONSIDERATIONS MAKE IT
IMPRACTICAL. THUS A STATE LIKE MAINE WOULD BE ASSISTED IN ITS GOAL OF
REDUCING THE PUBLIC HEALTH AND ENVIRONMENTAL DEGRADATION THAT RESULTS
FROM MISMANAGED SOLID WASTE.
ONCE AGAIN THIS SECTION PROBABLY LEAVES MAINE OUT DUE TO THE EMPHASIS
ON RESOURCE RECOVERY.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 003 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113016
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
THE REMAINDER OF THE BILL APPLIES TO AREAS OUTSIDE OF OUR
JURISDICTION AND WXPERIENCE. THE SECTIONS ON PACKAGING AND MAJOR ITEMS
(111 & 112) REALLY GET TO THE HEART OF THE MATTER AND ARE SORELY NEEDED.
AGAIN, I APPRECIATE THE OPPORTUNITY TO COMMENT ON WHAT IS BASICALLY
GOOD LEGISLATION. I DO HOPE, HOWEVER, THAT YOU WILL CONSIDER THESE
COMMENTS IN RELATION TO THE LAW'S EFFECT ON MAINE AND OTHER STATE'S IN
SIMILAR CIRCUMSTANCES.
IF WE CAN BE OF FURTHER HELP, LET ME KNOW.
WILLIAM R. ADAMS COMMISSIONER
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 004 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113017
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
JANUARY 15, 1973
TO: THE HONORABLE EDMUND S. MUSKIE
FROM: MAINE STATE PLANNING OFFICE
SUBJECT: COMMENTS ON "RESOURCE CONSERVATION ACT OF 1973"
THE COMMENTS BELOW ARE ARRANGED BY PAGE AND LINE FOR EASY REFERENCE.
PAGE 10, LINES 13 THROUGH 24.
ALTHOUGH PRIVATE AGENCIES ARE SPECIFICALLY MENTIONED AS BEING
ELIGIBLE FOR GRANTS TO PERFORM RESEARCH AND DEMONSTRATIONS ON SOLID
WASTE MANAGEMENT IN PARAGRAPH (B) (5), THEY ARE NOT INCLUDED AMONG THOSE
WHO WOULD RECEIVE INFORMATION RESULTING FROM SUCH STUDIES. THIS COULD
BE REMEDIED BY INSERTING THE WORDS "AND PRIVATE" FOLLOWING THE WORD
"PUBLIC" ON LINE 18.
PAGE 11, LINE 15.
THE PHRASE "(1) MEANS TO RECOVERING MATERIALS AND ENERGY . . ."
APPEARS TO MEAN EITHER "MEANS OF RECOVERING . . ." OR "MEANS TO RECOVER
. . .", JUDGING FROM THE CONTEXT.
PAGE 34, LINES 15 THROUGH 24.
THE REQUIREMENT THAT A PUBLICLY OWNED SYSTEM TO RECOVER PACKAGING
MATERIALS AND RECYCLABLE CONTAINERS MAY BE APPROVED BY EPA IF IT,
"OPERATES ON AT LEAST A STATEWIDE BASIS," SEEMS UNDULY RESTRICTIVE.
MOST PUBLICLY OWNED WASTE RECOVERY AND DISPOSAL FACILITIES OPERATE ON
MUNICIPAL IR, AT BEST, REGION COUNTY-WIDE BASES.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 005 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113018
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
IN FACT, THE REQUIREMENT FOR A "SYSTEM" SHERE NONE EXISTS WOULD
APPARENTLY MAKE EVEN SUCCESSFUL SMALL AREA PROGRAMS INELIGIBLE FOR
APPROVAL. BECAUSE OF TRANSPORTATION EXPENSE AND OTHER FACTOS, FEW SOLID
WASTE SYSTEMS SERVE LARGE GEOGRAPHICAL AREAS. IT WOULD THEREFORE SEEM
APPROPRIATE TO REVISE THIS PARAGRAPH, PERHAPS STATING SOME MINIMUM AREA
OR MINIMUM POPULATION BASE TO BE SERVED INSTEAD OF A STATEWIDE BASIS.
PAGE 35, LINES 23 THROUGH 25.
CONTAINERS FOR ALCOHOLIC BEVERAGES, OTHER THAN BEERS, ARE USUALLY
NON-REUSABLE. IT WOULD SEEM DESIRABLE TO REVISE THE APPLICABLE LAWS SO
THAT THESE CONTAINERS WOULD NOT HAVE TO BE EXCLUDED FROM REUSE BY
"NECESSITY, BECAUSE OF THE PRODUCT (THEY ARE) DESIGNED TO CONTAIN".
PAGE 37, LINES 6 AND 7.
ALTHOUGH PARTS (2) AND (3) OF THESE SOLID WASTE STANDARDS SEEM
EXTREMELY BENEFICIAL, THE PURPOSE OF PART (1) IS UNCLEAR. MINIMUM
USEFUL LIFE IS DEPENDENT UPON ECONOMICS, INCLUDING THE ECONOMICS OF
DECIDING WHETHER OR NOT TO REPAIR SUCH ITEMS IF THEY BECOME DAMAGED OR
INOPERABLE. ACCIDENTS AND MALFUNCTIONS ARE NOT RELATED TO TIME AND
THUS, THE CONCEPT OF"MINIMUM USEFUL LIFE" SEEMS TO HAVE LITTLE MEANING
IN REGARD TO SOLID WASTE DISPOSAL.
PAGES 38 AND 39, LINES 21 THROUGH 25 AND 1 THROUGH 19.
THE SECTION ON IMPORTS, WHICH RELATES TO ALL FOOD AND BEVERAGE
CONTAINERS AND ALL MAJOR SOLID WASTE ITEMS, SEEMS DISDIRECTED AND COULD
BE USED TO EXCLUDE FOREIGN MADE FOODS, BEVERAGES AND MAJOR ITEMS.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 006 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113019
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
IN FACT, WHERE MATERIALS ARE BEING REUSED, IMPORTED ITEMS REPRESENT
ON ADDITONAL RESOURCE. THE REQUIREMENTS FOR LABELS AND CERTIFICATES OF
COMPLIANCE SEEM LIKELY TO ADD TO, RATHER THAN CONTROL, SOLID WASTE.
IT WOULD SEEM PREFERABLE TO ESTABLISH STANDARDS, INCENTIVE PAYMENTS
AND OTHER REQUIREMENTS FOR EACH CLASS OF SOLID WASTE ARTICLE (I.E.,
AUTOMIBILES, BOTTLES, CANS, APPLIANCES, ETC.) REGARDLESS OF ITS ORIGIN
OR MANUFACTURE. THUS, AN INCENTIVE PAYMENT FOR RECYCLING AN AUTOMOBILE
WOULD BE RELATED TO ITS GRASS WEIGHT OR WEIGHTS OF COMPONENT MATERIALS
(ALUMINUM, STEEL, RUBBER, GLASS, PLASTICS) WHETHER IT WERE MANUFACTURED
IN THE UNITED STATES OR ELSEWHERE. LIZUOR STORES COULD BE REQUIRED TO
RETAIN A DEPOSIT ON A BOTTLE WHETHER IT CONTAINED BOURBAN, SCOTCH
WHISKEY OR CHIANTI AND TO REFUND THE DEPOSIT ON THE BOTTLE WHETHER IT
WAS TO BE REFILLED OR NOT.
IMPORTED GOODS SHOULD NOT BE DISCRIMINATED AGAINST ON THE BASIS OF
PACKAGING, PARTICULARLY SINCE OUR OWN MANUFACTURERS USUALLY OVER-PACKAGE
GOODS TO A GREAT EXTENT.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 007 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113020
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF THE UNITED STATES, INC.
1619 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20036
LEE A. IACOCCA, CHAIRMAN FRANKLIN M. KREML, PRESIDENT AND CHIEF
EXECUTIVE OFFICE RUSSELL E. MACCLERRY, VICE PRESIDENT
FEBRUARY 20, 1973.
THE HONORABLE EDMUND S. MUSKIE, CHAIRMAN SUBCOMMITTEE ON AIR AND
WATER POLLUTION OF THE COMMITTEE ON PUBLIC WORKS UNITED STATES SENATE
4202 NEW SENATE OFFICE BUILDING WASHINGTON, D. C.
THIS IS IN RESPONSE TO YOUR LETTER OF JANUARY 9, 1973, REQUESTING
COMMENTS ON THE DRAFT "RESOURCE CONSERVATION ACT OF 1973" WHICH WE
UNDERSTAND YOU PLAN TO INTRODUCE SHORTLY. WHILE YOUR LETTER WAS NOT
SPECIFICALLY ADDRESSED TO THE MOTOR VEHICLE MANUFACTURERS ASSOCIATION,
SOLID WASTE MANAGEMENT IS A MATTER OF VITAL CONCERN TO THE MVMA AND ITS
MEMBERS. WE WOULD, THEREFORE, LIKE TO ENDORSE THE BASIC OBJECTIVES OF
THE PROPOSED LEGISLATION AND TO COMMENT ON SOME OF THE PROVISIONS IN THE
MEASURE WHICH AFFECT THE MOTOR VEHICLE INDUSTRY -- PARTICULARLY, THOSE
SECTIONS APPLICABLE TO JUCK VEHICLES.
WE RECOGNIZE THE NEED TO FIND MORE EFFECTIVE SOLUTIONS TO THE
NATION'S MOUNTING SOLID WASTE PROBLEM, AND SPECIFICALLY, TO INCREASE THE
RECYCLING AND REUSE OF JUNKED MOTOR VEHICLES. FOR ALTHOUGH, ON THE
AVERAGE, FOUR OUT OF EVERY FIVE VEHICLES "RETIRED" FROM SERVICE EACH
YEAR ARE BEING REPROCESSED THROUGH EXISTING SCRAP RECOVERY CHANNELS,
THOSE THAT ARE NOT RECYCLED REPRESENT A LEGITIMATE AESTHETIC AND
ENVIRONMENTAL CONCERN.
INDIVIDUAL COMPANIES AND THE MVMA FOR SOME TIME HAVE BEEN ASSISTING
IN THE DEVELOPMENT OF EFFECTIVE SOLUTIONS TO THE JUNK VEHICLE PROBLEM.
ONE SUCH EFFORT IN WHICH WE ARE CURRENTLY PARTICIPATING IS THE NORTHERN
MICHIGAN JUNK CAR DEMONSTRATION PROGRAM UNDERWAY IN BENZIE, EMMET AND
CHEBOYGAN COUNTIES. THIS PROJECT, OPERATING WITH THE COORDINATED
ASSISTANCE OF THE MICHIGAN DEPARTMENTS OF COMMERCE, CORRECTIONS, AND
PUBLIC HEALTH, THE UPPER GREAT LAKES REGIONAL COMMISSION, AND MOTOR
VEHICLE MANUFACTURERS, IS A PILOT PROGRAM TO RECYCLE JUNK VEHICLES ON A
COUNTRY-BY COUNTRY BASIS.
HOPEFULLY, THE PROJECT WILL SERVE AS A MODEL FOR SIMILAR RURAL AREAS
THROUGHOUT THE COUNTRY.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 008 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113021
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMDNT TO 08111950 PARENT DOCUMENT.
THE PROGRAM HAS BEEN IN OPERATION FOR MORE THAN A YEAR, AND HAS THUS
FAR BEEN QUITE SUCESSFUL. A COMPLETE REPORT AND ANALYSIS OF THE FIRST
YEAR'S OPERATION IS EXPECTED TO BE COMPLETED WITHIN THE NEXT FEW WEEKS
BY THOSE MICHIGAN GOVERNMENTAL AGENCIES INVOLVED IN THE PROJECT. WHEN
THE REPORT IS PUBLISHED, WE WILL SEE THAT A COPY IS SENT TO YOU AND YOUR
STAFF. AFTER YOU HAVE HAD AN OPPORTUNITY TO REVIEW THE REPORT, WE WOULD
HOPE THAT YOU AND YOUR STAFF WOULD HAVE AN OPPORTUNITY TO MEET WITH
THOSE WHO HAVE BEEN ACTIVELY INVOLVED IN THE PROJECT TO DISCUSS IT IN
MORE DETAIL. IF YOU WOULD BE INTERESTED IN SUCH A MEETING, WE WOULD,
SHOULD YOU WISH, UNDERTAKE TO MAKE THE NECESSARY ARRANGEMENTS.
THE MICHIGAN PROJECT IS, OF COURSE, AIMED AT FINDING A SOLUTION FOR
ONLY ONE ASPECT OF THE OVERALL JUNK VEHICLE PROBLEM -- THE RURAL
COLLECTION/PROCESSING PHASE. AS YOU KNOW, THE OVERALL PROBLEM IS HIGHLY
COMPLEX. THE PRIME MARKET FOR AUTO SCRAP IS IN THE MANUFACTURE OF IRON
AND STEEL. BUT, MAJOR SHIFTS IN STEELMAKING TECHNOLOGY (I.E., THE
SWITCHING TO BOF FURNACES FROM OPEN HEARTHS) HAVE LIMITED THE DEMAND FOR
VEHICLE SCRAP AS A RAW MATERIAL, AND THUS, HAVE CONSTRAINED THE FLOW OF
THIS MATERIAL BACK INTO PRODUCTIVE USE. IN ADDITION, FOREIGN STEEL
PRODUCERS HAVE BEEN CAPTURING A LARGER SHARE OF THE U. S. STEEL MARKET.
BECAUSE OF THIS LIMITED DEMAND, AND THE INCREASING NUMBER OF VEHICLES
RETIRED EACH YEAR, PRICES FOR AUTO SCRAP HAVE BEEN LOW. THUS, LACK OF
MARKET DEMAND AND INSUFFICIENT ECONOMIC INCENTIVE ARE BASIC CAUSES FOR
THE FACT THAT 1.0 TO 1.5 MILLION VEHICLES, WHICH WOULD OTHERWISE FLOW
INTO NORMAL RECYCLING CHANNELS EACH YEAR, ARE EITHER ABANDONED ON PUBLIC
OR PRIVATE PROPERTY, OR LEFT TO RUST AT AUTO WRECKERS OR AUTO
GRAVE-YARDS -- AND THUS, POSE A SERIOUS PROBLEM FOR STATES AND LOCAL
COMMUNITIES.
IT BECOMES THEIR TASK TO REMOVE EXISTING ACCUMULATIONS OF JUNK
VEHICLES, TO COPE WITH THE AESTHETICS OF JUNK VEHICLE COLLECTION STIES,
AND TO PREVENT ABANDONMENT IN THE FIRST PLACE. SEVERAL STATES HAVE
APPRAACHED THIS PROBLEM BY IMPOSING DIFFERENT TYPES OF FEES, AND A
NJMBER OFOTHER STATES CURRENTLY HAVE FUNDING PROPOSALS PENDING.
BECAUSE THE JUNK VEHICLE PROBLEM IS SO COMPLEX, THERE IS NO SINGLE
SOLUTION -- ONLY A COMBINATION OF EFFORTS AND A BALANCED APPROACH WILL
EFFECTIVELY RESOLVE THE PROBLEM. FOR THIS REASON, WE ENDORSE THE STUDY
AND RESEARCH YOU HAVE PROPOSED BE UNDERTAKEN IN THE DRAFT "RESOURCE
CONSERVATION ACT OF 1973." THIS, IN OUR VIEW, IS VITAL. FOR ALTHOUGH
VARIOUS ALTERNATIVES HAVE BEEN SUGGESTED FROM TIME TO TIME TO RESOLVE
THE JUNK VEHICLE PROBLEM, MORE MUST BE KNOWN ABOUT THE POTENTIAL IMPACT
OF TECHNOLOGICAL CHANGES OR ECONOMIC INCENTIVES TO BE ABLE TO DETERMINE
WITH ANY DEGREE OF ACCURACY WHAT COURSES OF ACTION MIGHT BE APPROPRIATE.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 009 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113022
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
WE DO, HOWEVER, HAVE A MAJOR RESERVATION ABOUT THE TIME PROVIDED IN
SEC. 105 OF THE DRAFT BILL FOR THE REQUIRED STUDY AND RESEARCH, AND THE
PROMULGATION AND EFFECTIVE DATES FOR THE STANDARDS PROPOSED IN SEC. 112.
AS WE READ THE DRAFT BILL, THE EPA WOULD ONLY HAVE UNTIL DECEMBER 31,
1973 TO UNDERTAKE THE STUDY SPECIFIED AND TO REPORT THE RESULTS TO
CONGRESS. IT SEEMS TO US APPARENT, HOWEVER, THAT TO PROPERLY
INVESTIGATE THE PROBLEM WOULD TAKE LONGER THAN THE TIME REMAINING IN
THIS YEAR -- AT LEAST A FULL YEAR WOULD BE REQUIRED, PARTICULARLY TO
PERMIT THOROUGH EVALUATION OF THE RESULTS. EQUALLY IMPORTANT IS THE
FACT THAT, AS THE DRAFT BILL NOW READS, THE EPA ADMINISTRATOR, WITHIN 15
MONTHS AFTER ENACTMENT OF THE BILL, WOULD BE REQUIRED UNDER SEC. 112 "TO
PROPOSE STANDARDS GOVERNING THE REUSE, RECYCLING, AND DISPOSAL OF MAJOR
ITEMS OF SOLID WASTE," AND TO ISSUE FINAL STANDARDS WITHIN 3 MONTHS
THEREAFTER.
IF THE INTENT OF THE BILL IS TO LIMIT THE STUDY PERIOD TO ONE YEAR,
THE EPA ADMINISTRATOR COULD THEN ONLY HAVE THREE MONTHS TO PROPOSE
STANDARDS, WHICH PRESUMABLY WOULD BE BASED ON AN EVALUATION OF THE STUDY
RESULTS, AND AN ADDITIONAL THREE MONTHS TO ISSUE FINAL REGULATIONS.
IN OUR OPINION, THIS TIME FRAME IS INSUFFICIENT TO PERMIT NOT ONLY
THE THOROUGH STUDY AND ANALYSIS REQUIRED OF THE SOLID WASTE MANAGEMENT
PROBLEM, BUT ALSO TO DEVELOP PROPOSED STANDARDS THAT ARE BASED ON A
SOUND EVALUATION OF THE STUDY RESULTS.
ANOTHER MAJOR RESERVATION WE HAVE IS THE REQUIREMENT, AGAIN UNDER
SEC. 112, THAT THE STANDARDS WOULD BECOME EFFECTIVE "NOT LATER THAN TWO
YEARS AFTER THE DATE OF ENACTMENT OF THE ACT." SINCE FINAL STANDARDS
WOULD BE ISSUED WITHIN 18 MONTHS AFTER THE BILL BECAME LAW, THE
EFFECTIVE DATE REQUIREMENT ONLY ALLOWS A SIX-MONTH PERIOD IN WHICH TO
ACHIEVE COMPLIANCE. MOST, IF NOT ALL, BUSINESSES WOULD FIND THIS
SIX-MONTH LEAD-TIME INSUFFICIENT TO COMPLY WITH THE REQUIREMENTS OF THE
LAW. FOR MOTOR VEHICLEMANUFACTURERS, THE REQUIRED TIME BETWEEN THE
PLANNING STATE AND ACTUAL PRODUCTION APPROXIMATES THREE TO FIVE YEARS
DEPENDING ON THE TYPE OF VEHICLE. CONSEQUENTLY, IF THE FINAL STANDARDS
ISSUED BY THE EPA SHOULD IN ANY WAY EFFECT VEHICLE ENGINEERING AND
PRODUCTION, IT IS OBVIOUS THAT THE MOTOR VEHICLE INDUSTRY, AND
CONCEIVABLY ITS SUPPLIERS, WOULD REQUIRE MORE TIME TO COMPLY.
OUR FINAL COMMENT CONCERNS THE STANDARDS THEMSELVES, AND PARTICULARLY
THE REQUIREMENT UNDER SEC. 112 OF THE DRAFT BILL FOR THE ESTABLISHMENT
BY THE EPA ADMINISTRATOR OF STANDARDS FOR MAJOR ITEMS OF SOLID WASTE
WHICH:
1) SPECIFY THEIR MINIMUM USEFUL LIFE;
2) ESTABLISH A SYSTEM OF FEES OR OTHER MECHANISM TO ASSURE GREATER
SOLID WASTE REUSE/DISPOSAL; AND
3) ESTABLISH "PRACTICES IN EACH CATEGORY OF MAJOR ITEMS SOLID WASTE"
TO ASSURE THAT THEIR DISPOSAL IS CONSISTENT WITH OTHER DISPOSAL EFFORTS
AND ENVIRONMENTAL CONCERNS.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 010 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113023
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
REGARDING THE FIRST -- THE MINIMUM USEFUL LIFE STANDARD -- WE
QUESTION THE PURPOSE, NEED AND FEASIBILITY OF SUCH A STANDARD. THE
REASON FOR THIS IS THE FACT THAT MANY VARIABLES INTERACT TO DETERMINE
HOW LONG A VEHICLE WILL ACTUALLY "LAST." SUCH FACTORS INCLUDE:
1) HOW MUCH AND IN WHAT WAY THE VEHICLE IS DRIVEN -- SOME DRIVERS ARE
"HARDER" ON A VEHICLE THAN OTHERS;
2) HOW WELL THE VEHICLE IS MAINTAINED -- WHETHER THE OWNER FOLLOWS
THE MANUFACTURER'S RECOMMENDED MAINTENANCE PROGRAM;
3) WHERE THE VEHICLE IS DRIVEN -- CONSTANT DRIVING OVER ROUGH ROADS,
FOR EXAMPLE, MAY SHORTEN A VEHICLE'S LIFE SPAN;
4) WHETHER THE VEHICLE IS GARAGED WHEN NOT IN USE, OR CONSTANTLY
SUBJECTED TO THE ELEMENTS -- IN THIS CONNECTION, THE IMPORTANCE OF
PERIODIC WASHING AND WAXING IS AN ADDED FACTOR;
5) SERIOUS ACCIDENT INVOLVEMENT WILL ALSO SHORTEN THE USEFUL LIFE OF
A VEHICLE -- OR THE DAMAGE SUSTAINED MAY BE SO EXTENSIVE THAT REPAIR
WOULD BE IMPRACTICAL, IF NOT IMPOSSIBLE, THUS FORCING IMMEDIATE
RETIREMENT OF THE VEHICLE EVEN THOUGH IT MAY BE A LATE MODEL.
THESE ARE SOME OF THE FACTORS WHICH, IN OUR VIEW, WOULD MAKE A
"USEFUL LIFE STANDARD" VIRTUALLY IMPOSSIBLE TO WRITE, MUCH LESS ENFORCE.
BUT EVEN IF IT COULD BE DETERMINED THAT EVERY VEHICLE ROLLING OFF THE
ASSEMBLY LINE COULD BE EXPECTED TO REMAIN "USEFUL" FOR A SPECIFIED
PERIOD OF TIME, THE VEHICLE WOULD EVENTUALLY BE RETIRED AND HAVE TO MOVE
INTO THE JUNK VEHICLE DISPOSAL/RECYCLING PROCESS. CONSEQUENTLY, A
SPECIFIED "MINIMUM USEFUL LIFE" STANDARD WOULD, IN OUR VIEW, DO LITTLE
TO INCREASE THE EFFECTIVENESS OF THE RECYCLING SYSTEM AND/OR RESOLVE THE
OVERALL JUNK CAR PROBLEM.
WE ALSO ARE CONCERNED ABOUT THE POTENTIAL EFFECT OF THE STANDARDS
PROPOSED IN THE DRAFT BILL TO ASSURE GREATER SOLID WASTE REUSE/DISPOSAL
AND TO FURTHER ASSURE THAT THE DISPOSAL OF SUCH ITEMS IS CONSISTENT WITH
OTHER DISPOSAL AND ENVIRONMENTAL CONCERNS. IF SUCH STANDARDS IN ANY WAT
AFFECTED MOTOR VEHICLE DESIGN, THEY COULD POTENTIALLY CONFLICT WITH
VEHICLE PERFORMANCE STANDARDS FOR SAFETY, EMISSIONS, DAMAGEABILITY, AND
THOSE THAT WILL SOON BE PROMULGATED TO CONTROL VEHICLE NOISE.
OBVIOUSLY, THESE PERFORMANCE REGULATIONS ARE VITALLY IMPORTANT.
THEREFORE, ANY JUNK VEHICLE DISPOSAL STANDARDS WOULD, OF NECESSITY, HAVE
TO BE COMPATIBLE WITH VEHICLE SAFETY AND ENVIRONMENTAL CONTROL
REGULATIONS.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 011 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113024
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
AS INDICATED AT THE OUTSET, WE HAVE LIMITED OUR COMMENTS AT THIS TIME
TO THOSE PROVISIONS OF THE DRAFT BILL WHICH HAVE AS SPECIFIC RELEVANCE
TO JUNK VEHICLE DISPOSAL/RECYCLING. THERE ARE, HOWEVER, OTHER ASPECTS
OF THE DRAFT PROPOSAL WHICH WE FEEL REQUIRE FURTHER STUDY BECAUSE OF
THEIR BROADEN REGULATORY IMPLICATIONS -- WE SHALL, THEREFORE, RESERVE
COMMENT ON THESE PROVISIONS UNTIL A LATER DATE.
SHOULD YOU OR YOUR STAFF WISH ANY CLABORATION ON THE VIEWS WE HAVE
HEREIN EXPRESSED, PLEASE CALL UPON US.
FRANKLIN M. KREML
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 012 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113025
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
NATIONAL SOFT DRINK ASSOCIATION 1101 SIXTEENTH STREET, NORTHWEST
WASHINGTON, D.C. 20036
MARCH 8, 1973
SENATOR EDMUND S. MUSKIE UNITED STATES SENATE COMMITTEE ON PUBLIC
WORKS WASHINGTON, D.C. 20510
WE ARE PLEEASED TO BE AFFORDED THE OPPORTUNITY TO COMMENT UPON YOUR
PROPOSED LEGISLATION, THE "RESOURCE CONSERVATION ACT OF 1973."
IN REVIEWING THE PURPOSES OF THE PROPOSAL, WE FIND OURSELVES IN
AGREEMENT ON THE CONCEPT OF PROMOTING SOLID WASTE MANAGEMENT AND
RESOURCE RECOVERY; AS WELL AS PROVIDING FEDERAL TECHNICAL AND FINANCIAL
ASSISTANCE FOR THE PLANNING AND DEVELOPMENT OF MANAGEMENT AND RECOVERY
SYSTEMS. AS AN INDUSTRY WE HAVE FELT THAT THE SCIENTIFIC AND
TECHNOLOGICAL COMMUNITY NEVER HAS BEEN SUMMONED FULLY TO SEEK OUT VALID
SOLUTIONS TO ECONOMICALLY SOUND WASTE TREATMENT. WE FEEL STRONGLY THAT
THE KEY TO SUCCESS IN THE AREA OF ENVIRONMENTAL BETTERMENT LIES WITHIN
THE SAME TECHNOLOGICAL AND SCIENTIFIC RESOURCE THAT HAS CREATED THE
BASIC SOCIETAL PROGRAMS THROUGHOUT THE HISTORY OF THE UNITED STATES.
IN A GENERAL WAY, TO THE EXTENT THAT ENVISIONED GRANTS AND LOANS
SPECIFICALLY GO TO THE PURPOSE OF ALLEVIATING THE PROBLEMS OF SOLID
WASTE AND RESOURCE RECOVERY WITHOUT SOCIAL REGRENSION, WE WOULD FAVOR
THE TYPE OF PROGRAM MEANT TO BE CREATED.
HOWEVER, AS WE REACH SECTION 110 OF THE PROPOSED LEGISLATION, WE
ENCOUNTER ALARMING CONCEPTS WHICH WOULD APPEAR MORE INDUCTIVE TO
BUREAUCRATIC CONTROL THAN INDUSTRIAL OR SOCIAL INCENTIVE. WE CANNOT
ESVISION, CERTAINLY NOT IN COMFORT, AN ENFORCEMENT AGENCY LARGE ENOUGH,
AND EXPERT ENOUGH, TO EFFICIENTLY COPE WITH THE COMPLEXITIES OF
ECONOMICAL, SERVICEABLE PACKAGING PRACTICES THROUGHOUT THE UNIVERSE OF
THE CONSUMER INDUSTRY. ADDITIONALLY, WE HAVE DIFFICULTY ENVISIONING HOW
SPECIFIC CONCEPTS, (THE "SAFE" CERTIFICATION PROGRAM, FOR INSTANCE)
COULD LITERALLY BE TRANSLATED INTO PRACTICE.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 013 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113026
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
WE REALIZE THIS IS NOT THE MEDIMUM TO FURNISH OUR COMPLETE REACTION
TO THIS PROPOSAL. THEREFORE, WE WOULD BE MORE THAN HAPPY TO MEET WITH
YOU AND YOUR STAFF FOR A MORE EXHAUSTIVE AND IN-DEPTH EXPLANATION OF OUR
OPINIONS. THANK YOUR FOR THIS OPPORTUNITY TO COMMENT.
THOMAS F BAKER EXECUTIVE BICE PRESIDENT
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 014 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113027
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
NATIONAL STEEL CORPORATION PITTSBURGH. PA.
JANUARY 18, 1973
SENATOR EDMUND S. MUSKIE UNITED STATES SENATE COMMITTEE ON PUBLIC
WORKS WATER POLLUTION WASHINGTON, D. C. 20510
FIRST LET ME EXPRESS MY APPRECIATION TO YOU FOR DISTRIBUTING A COPY
OF YOUR PROPOSED RESOURCE CONSERVATION ACT OF 1973 TO ME FOR COMMENT.
THIS PROCEDURE OF REQUESTING COMMENTS PRIOR TO INTRODUCTION OF
LEGISLATION IS CERTAINLY COMMENDABLE ON YOUR PART.
IN 1970 DURING HEARINGS ON THE RESOURCE RECOVERY ACT, GEORGE A.
STINSON, CHAIRMAN AND PRESIDENT OF NATIONAL STEEL CORPORATION, TESTIFIED
BEFORE YOUR COMMITTEE IN SUPPORT OF THIS LEGISLATION. UNFORTUNATELY,
DUE TO BUDGETARY PROBLEMS, THE ADMINISTRATION WAS NOT ABLE TO IMPLEMENT
THIS ACT AS DRAFTED BY YOU AND OTHERS ON THE SUBCOMMITTEE ON AIR AND
WATER POLLUTION. HAD FULL IMPLEMENTATION BEEN POSSIBLE, I AM SURE SOME
OF THE MEASURES PROPOSED IN THE RESOURCE CONSERVATION ACT WOULD NOT HAVE
BEEN MADE BY YOU BECAUSE ANSWERS TO PROBLEMS YOU ARE ATTEMPTING TO SOLVE
THROUGH LEGISLATION WOULD HAVE ALREADY BEEN FORTHCOMING.
IN THE ABSENCE OF MORE ACTIVE PARTICIPATION BY THE FEDERAL GOVERNMENT
DURING THESE TWO YEARS, INDUSTRY HAS ATTEMPTED TO DEVELOP ANSWERS TO
SOME OF THESE PROBLEMS RELATED TO PACKAGING THROUGH THE NATIONAL CENTER
FOR RESOURCE RECOVERY AND THROUGH INDIVIDUAL ACTION BY CONCERNED
INDUSTRIES.
THE STEEL INDUSTRY, FOR EXAMPLE, HAS NOT ONLY SUPPROTED THE NATIONAL
CENTER'S PROGRAMS BUT HAS ALSO ESTABLISHED ITS OWN COMMITTEE ON SOLID
WASTE RECYCLE, OF WHICH I AM CHAIRMAN, WHICH HAS FUNDED NUMEROUS
RESEARCH STUDIES TO DEVELOP METHODS FOR REMOVAL OF FERROUS METALLICS
(PRIMARILY STEEL CANS) FROM MUNICIPAL FRFUSE AND ESTABLISHED NUMEROUS
CAN COLLECTION CENTERS ALL ACROSS THE UNITED STATES FOR LITTER CONTROL.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 015 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113028
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
THESE CENTERS RECYCLE ALL CANS COLLECTED INTO NEW STEEL PRODUCTS.
OUR INDUSTRY HAS GUARANTEED THAT EVERY STEEL CAN MADE FROM AMERICAN
STEEL CONTAINS A MINIMUM OF 25% RECYCLED MATERIAL. WE HAVE PROMISED TO
ESTABLISH VIABLE MARKETS FOR ALL FERROUS METALLICS RECOVERED FROM
MUNICIPAL REFUSE; AND IN 1973, WE EXPECT TO SEE AT LEAST 3.5 BILLION
STEEL CANS RECYCLED OR REUSED IN THE UNITED STATES.
NATIONAL STEEL CORPORATION HAS ESTABLISHED ITS OWN TASK FORCE ON
SOLID WASTE RECYCLE WHICH IS CHAIRED BY BOARD CHAIRMAN AND PRESIDENT,
GEORGE STINSON, AND WHOSE MEMBERS ARE KEY EXECUTIVES IN NATIONAL STEEL.
IT IS STAFFED BY CONSULTANTS FROM NATIONAL WHO HAVE ACCUMULATED AN
IMPRESSIVE RESERVOIR OF KNOWLEDGE IN FERROUS METALLIC RECOVERY AND
RECYCLE. I AM ENCLOSING A COPY OF OUR BROCHURE ON THE TASK FORCE, WHICH
HAS BEEN DISTRIBUTED WIDELY THROUGHOUT THE UNITED STATES. YOU WILL NOTE
THAT THIS GROUP OFFERS CONSULTING SERVICE FREE OF CHARGE TO ANYONE
SEEKING ADVICE ON FERROUS METALLIC RECOVERY AND MARKET AVAILABILITY.
MY POINT IN RECITING THIS BRIEF SUMMARY OF ACTIVITIES BY THE INDUSTRY
IS NOT MEANT TO BE SELF-SERVING BUT RATHER TO MAKE YOU AWARE OF A FEW OF
THE ACTIVITIES IN SOLID WASTE RECYCLE WHICH HAVE OCCURRED SINCE PASSAGE
OF THE RESOURCE RECOVERY ACT AND TO RECOMMEND OVERSIGHT HEARINGS BY YOUR
SUBCOMMITTEE PRIOR TO SERIOUS CONSIDERATION OF NEW LEGISLATION.
AS I WILL POINT OUT LATER, HEARINGS ON YOUR PROPOSED LEGISLATION
WOULD BE ADVERSARY RATHER THAN PRODUCTIVE DUE TO THE CONTROVERSIAL
NATURE OF THE PROPOSED RESOURCE CONSERVATION ACT OF 1973. OVERSIGHT
HEARINGS, ON THE OTHER HAND, COULD RESULT IN A MORE POSITIVE LEGISLATIVE
PROPOSAL FROM YOUR COMMITTEE.
UP THROUGH SECTION 109, THE PROPOSED LEGISLATION DEALS WITH GRANTS
AND LOANS TO STATE AND LOCAL GOVERNMENT FOR SOLID WASTE RECYCLE
DEMONSTRATION PLANTS, TRAINING PROGRAMS, AND THE IMPLEMENTATION OF
RESOURCE RECOVERY SYSTEMS. THE BILL SPECIFICALLY AVOIDS ANY SIMILAR AID
TO PRIVATE BUSINESS VENTURES IN SOLID WASTE DISPOSAL AND RECYCLE. IT
FAILS TO RECOGNIZE THE FACT THAT MORE AND MORE CITIES ARE TURNING SOLID
WASTE DISPOSAL FACT THAT MORE AND MORE CITIES ARE TURNING SOLID WASTE
DISPOSAL OVER TO THE PRIVATE SECTOR REALIZING THAT THESE MORE EFFICIENT
PRIVATE CONCERNS CAN COLLECT AND DISPOSE OF SOLID WASTE COST THAN CITY
GOVERNMENTS. THE BILL SHOULD CONSIDER SUPPLYING LOW-INTEREST LOANS TO
THE PRIVATE SECTOR FOR THIS PURPOSE, AS HAS ALREADY BEEN DONE BY SOME
STATE GOVERNMENTS. THERE SHOULD ALSO BE SOME MEANS PROVIDED TO
SUBSIDIZE THE RECYCLE OF MATERIALS RECOVERED FROM THE SOLID WASTE
SYSTEM. SINCE TRANSPORTATION OF RECYCLED MATERIALS BACK TO THE BASIC
PRODUCER IS THE KEY ECONOMIC FACTOR, PERHAPS THE FEDERAL GOVERNMENT
SHOULD SUBSIDIZE FREIGHT CHARGES WHERE THEY EXCEED 100 MILES, FOR
EXAMPLE.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 016 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113029
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
SOME PROVISION MIGHT ALSO BE CONSIDERED TO MAKE REVENUES FROM THE
SALE OF MUNICIPALLY GENERATED SOLID WASTE SUCH AS PAPER, STEEL,
ALUMINUM, GLASS, ETC., EXEMPT FROM FEDERAL TAXATION THUS PROVIDING THE
SAME INCENTIVE FOR THE PRIVATE OPERATOR THAT NOW IS ENJOYED BY THE CITY
OR STATE. THE WHOLE THRUST HERE SHOULD BE TO GIVE RECYCLED MATERIAL
PREFERENTIAL ECONOMIC TREATMENT SO THAT IT CAN COMPETE ADVANTAGEOUSLY IN
THE MARKET PLACE.
SECTION 110 OF THE BILL IS OF SPECIAL CONCERN TO THE STEEL INDUSTRY.
ALTHOUGH THE TEXT OF THE BILL ITSELF DOES NOT SO STATE, THE INTENT OF
THIS SECTION IS CLEAR FROM THE SECTION-BY- SECTION ANALYSIS OF THE BILL
ATTACHED TO YOUR LETTER, THAT IS, TO BAN THE "THROW-AWAY" OR
NON-RETURNABLE BEVERAGE CONTAINER. ALTHOUGH SUCH A PROGRAM MIGHT RESULT
IN A SMALL REDUCTION IN LITTER, ITS ECONOMIC IMPACT ON A LARGE SEGMENT
OF THE POPULATION WOULD BE DEVASTATING. THE PEOPLE OF THIS NATION HAVE
NOT ONLY ACCEPTED, BUT ENJOY, THE BENEFITS OF CONVENIENCE PACKAGING. A
LARGE SEGMENT OF OUR ECONOMY THRIVES ON IT, AND THE PUBLIC AS A WHOLE
BENEFITS ECONOMICALLY FROM ITS USE. IT IS NO MORE REALISTIC TO CONTROL
LITTER AND SOLID WASTE BY BANNING ONE-WAY BEVERAGE CANS, ONE-WAY
NEWSPAPERS, ONE-WAY MAGAZINES, OR ANYTHING ELSE THAT BENEFITS THE PUBLIC
THAN IT IS TO BAN INDUSTRY OR AUTOMOBILES TO CONTROL AIR POLLUTION.
LEGISLATION IN THE SOLID WASTE AREA, AS ALL AREAS, SHOULD BE
POSITIVE--NOT NEGATIVE--AND SHOULD ASSIST THE GENERAL PUBLIC IN
PROVIDING MEANS OF COLLECTING AND RECYCLING SOLID WASTE. THE
LEGISLATION YOU HAVE PROPOSED WOULD BE COUNTERPRODUCTIVE, NOT IN THE
PUBLIC GOOD, AND CREATE TOTALLY NEW PROBLEMS WHICH WOULD BE ECONOMICALLY
DAMAGING TO BOTH THE PUBLIC AND PRIVATE SECTOR. LAST OCTOBER, OREGON
BANNED NON-RETURNABLE BEVERAGE CONTAINERS BY ENFORCING A FIVE-CENT
DEPOSIT LAW IN THEIR STATE.
IN THAT BRIEF TIME, WE HAVE ALREADY SEEN ONE COMPANY GO OUT OF
BUSINESS AND SEVERAL MORE ARE NEAR DISASTER. WE ARE ALSO INFORMED BY
STORE CHAINS IN THE STATE THAT BEVERAGE PRICES WILL HAVE TO BE INCREASED
TO COVER THE COST OF PACKAGING, HANDLING, AND DISTRIBUTION THE
RETURNABLE BEVERAGE CONTAINERS. SIMPLY BECUASE RETURNABLES WORKED PRIOR
TO WORLD WAR II IS NO REASON TO BELIEVE THAT THEY WILL WORK TODAY. YOUR
COMMITTEE DIDN'T TACKLE THE PROBLEM ON INTERSTATE TRANSPORTATION BY
BANNING CARS AND TRUCKS SO THE PRE-WAR ROADS COULD HANDLE THE
TRAFFIC--INSTEAD YOU PROVIDED THE MEANS TO BUILD AN OUTSTANDING
INTERSTATE HIGHWAY SYSTEM. THE SAME POSITIVE APPROACH SHOULD BE TAKEN
SOLVE THE PROBLEM OF SOLID WASTE.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 017 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113030
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
I SIMPLY DO NOT UNDERSTAND SECTION 111. ALMOST EVERYTHING SOLD IN
THE UNITED STATES FROM TOOTHPASTE TO MONKEY WRENCHES ARE PACKAGED IN
SOME WAY OR ANOTHER. THESE PACKAGES PROTECT THE PRODUCT OR THE
CUSTOMER, DISCOURAGE PILFERING IN MODERN SELF-SERVICE STORES, OR MAKE
THE PRODUCT COMMERCIALLY MORE ATTRACTIVE TO THE CUSTOMER. IF IT IS THE
INTENT OF THIS BILL TO REGULATE PACKAGING OF ALL OF THESE PRODUCTS, THEN
YOU HAD BETTER ESTABLISH AN ENTIRELY NEW AGENCY IN THE FEDERAL
GOVERNMENT. THE STAFF ORGANIZATION NEEDED TO ENFORCE SUCH A REGULATION
WOULD BE OVERWHELMING. THIS IS WHY I SAY I DO NOT UNDERSTAND SECTION
III BECAUSE I CANNOT BELIEVE THIS IS WHAT YOU INTEND IT TO DO. SECTION
III(B) (3) APPEARS TO SAY THAT IN THOSE CITIES OR TOWNS WHERE A SOLID
WASTE RECYCLE SYSTEM IS OPERATING, A PRODUCER'S TAX WILL BE LEVIED
AGAINST THE MANUFACTURER OR DISTRIBUTOR OF THE PACKAGE AND BE PAYABLE TO
THE PURCHASER (PRIVATE CITIZEN) UPON PRESENTATION OF THE CONTAINER FOR
REUSE, RECYCLING, OR DISPOSAL. I PRESUME THIS IS SORT OF A REWARD FOR
GOOD CITIZENSHIP.
SECTION 112 PROVIDES THE SAME TYPE OF PRODUCER FEES TO BE APPLIED TO
OTHER DISPOSABLE ITEMS SUCH AS AUTOMOBILES, BOATS, TIRES, MAJOR
APPLIANCES, ETC., WHICH WOULD BE PAID BY THE MANUFACTURER AND GIVEN AS
AN AWARD TO THE CITIZEN FOR THIS DELIVERY OF THAT PRODUCT TO THE RECYCLE
CENTER. I PRESUME NONE OF THIS PRODUCER TAX MONEY WOULD GO TO DEFRAY
THE COST OF PREPARATION, TRANSPORTATION, OR RECYCLE. THE END RESULT OF
SUCH LEGISLATION SHOULD BE THE ESTABLISHMENT OF 200-MILLION INDIVIDUAL
JUNK DEALERS ALL OVER THE UNITED STATES. THIS APPROACH APPEARS
UNREALISTIC AND SHOULD NOT BE A PART OF THIS LEGISLATIVE PROPOSAL.
ADDITIONAL RESPONSES COULD BE MADE TO THIS LEGISLATIVE PROPOSAL, BUT
I AM HOPEFUL THAT UPON CAREFUL CONSIDERATION YOU WILL RECOMMEND
OVERSIGHT HEARINGS WHICH SHOULD PROVIDE SUFFICIENT INFORMATION TO
WARRANT THE DRAFTING OF A NEW AND MORE POSITIVE LEGISLATIVE PROPOSAL.
IT IS NOT MY INTENTION TO BE FACETIOUS IN RESPONSE TO YOUR REQUEST FOR
COMMENTS, BUT I SAW NO OTHER WAY TO RESPOND TO SOME SECTIONS WHICH I
BELIEVE TO BE UNREALISTIC. IT WOULD BE MY PLEASURE TO MEET WITH YOUR
STAFF AT ANY TIME TO DISCUSS PROPOSED LEGISLATION ON THIS SUBJECT.
FRED E. TUCKER, VICE PRESIDENT ENVIRONMENTAL CONTROL
CC: J. RANDOLPH
B. MEYER
H. KING
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 018 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113031
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
JANUARY 29, 1973
ATTACHMENT TO 08111950 PARENT DOCUMENT.
O.R.I.O.N. REGION RECYCLING INFORMATION AND ORGANIZING NETWORK
RECYCLING SWITHCBOARD PHONE: 222-3952 2637 S. W. WATER PORTLAND, OREGON
97201
JANUARY 29, 1973.
THE HONORABLE EDMUND MUSKIE UNITED STATES SENATE WASHINGTON, D. C.
YOUR LETTER TO MARADEL GALE, OREGON ENVIRONMENTAL COUNCIL, CONCERNING
THE DRAFT RESOURCE CONSERVATION ACT, HAS BEEN FORWARDED TO ORION.
OREGON RECYCLING INFORMATION AND ORGANIZING NETWORK (ORION) IS A
PROGRAM OF THE OREGON ENVIRONMENTAL COUNCIL WHICH, FOR THE FISCAL YEAR
1972-3, HAS BEEN FUNDED UNDER THE ENVIRONMENTAL QUALITY EDUCATION ACT OF
1970. ORION IS A CLEARINGHOUSE FOR INFORMATION ABOUT RECYCLING IN
OREGON, ASSISTING THE PUBLIC AND RECYCLING PROJECT ORGANIZERS IN MAKING
RECYCLING EASIER AND MORE EFFECTIVE. ALSO, ORION CLOSELY FOLLOWS
GOVERNMENTAL REGULATIONS AND PLANS ON THE STATE AND LOCAL LEVELS.
WE HAVE RECEIVED THE DRAFT BILL AND FIND IT THE MOST EXCITING PIECE
OF SOLID WASTE LEGISLATION WE HAVE SEEN. SOME OUTSTANDING ASPECTS OF
THE BILL:
1. THE EMPHASIS ON RESOURCE CONSERVATION.
2. THE RAPID, COMPREHENSIVE PROMPTING OF CHANGE ON THE GOVERNMENTAL,
BUSINESS, INDUSTRIAL, AND PERSONAL LEVELS.
3. THE MULTIFACETED APPROACH TO THE SOLID WASTE CRISIS--AS THE ESSAY
"THE DYNAMICS OF SOLID WASTE" BY DENNIS L. MEADOWS AND JORGEN RANDERS
POINTS OUT, ECONOMIC INCENTIVES FOR RECYCLING, ECONOMIC DISINCENTIVES
FOR NATURAL RESOURCE USE, AN INCREASE IN PRODUCT LIFETIMES, AN INCREASE
IN THE AMOUNT OF SOLID WASTE RECYCLED OR REUSED (RATHER THAN DISPOSED
OF), AND A REDUCTION IN THE RAW MATERIAL USED PER PRODUCT, ARE ALL
NECESSARY SIMULTANEOUSLY FOR RESOURCE CONSERVATION TO BE EFFECTIVE.
4. THE FINANCIAL AID TO STATES, REGIONS, AND MUNICIPALITIES TO
FACILITATE THE CHANGEOVER FROM UNSOPHISTICATED SOLID WASTE DISPOSAL
SYSTEMS TO COMPLEX RESOURCE RECOVERY SYSTEMS--WITH AID FOR BOTH PLANNING
AND IMPLEMENTATION.
5. THE SETTING UP OF THE FEDERAL GOVERNMENT AS AN EXAPMPLE TO OTHER
INSTITUTIONS IN THE PRACTICE OF RECYCLING.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 019 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113032
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
OF ALL THE SECTIONS IN THE BILL THAT WHICH SEEMS MOST SIGNIFICANT IS
THE ONE COVERING PACKAGING. IT IS A BEGINNING TO WHAT WE HOPE WILL BE A
NEW STRESS ON THE ENVIRONMENTAL IMPACT OF ALL PRODUCTS, WITH
CONSIDERATION GIVEN NOT ONLY TO DEGRADABILITY AND RECYCLABILITY, BUT
ALSO TO THE USE OF ENERGY IN A PRODUCT'S PRODUCTION AND CONSUMPTION AND
THE USE OF NON-RENEWABLE RESOURCES IN ITS PRODUCTION.
ORION HAS A FEW QUESTIONS EVOKED BY THE PACKAGING SECTION WHICH YOU
MAY WANT TO CONSIDER.
1. WHAT IS THE DEFINITION OF "DEGRADABLE?" DOES IT MEAN
"BIODEGRADABLE?" MOST MATERIALS ARE DEGRADABLE OVER A PERIOD OF TIME.
ALUMINUM CANS ARE SAID TO DEGRADE IN 500 YEARS.
2. WHAT IS THE DEFINITION OF "RECYCLABLE?" IN OREGON, THE STATE'S
DEPARTMENT OF ENVIRONMENTAL QUALITY IS CONSIDERING THE IDEA THAT
LANDFILLING IS RECYCLING (LAND RECLAMATION); ALSO THE PRODUCTION OF
POWER THROUGH INCINERATION OR PYROLYSIS OF SOLID WASTE IS CONSIDERED
RECYCLING BY SOME. IF PYROLYSIS IS RECYCLING, PLASTIC CAN BE EASILY
RECYCLED--ONCE.
IT MIGHT BE A GOOD IDEA TO SPECIFY VARIOUS LEVELS OF RESOURCE
RECOVERY AND DISPOSAL AND TO ENCOURAGE REUSE AND RECYCLING THROUGH
ECONOMIC INCENTIVES. (FOR EXAMPLE, THE OREGON BOTTLE BILL LAW REQUIRES
A LOWER DEPOSIT ON REUSABLE BOTTLES THAN ON RECYCLABLE BOTTLES AND
CANS--AND THUS PROVIDES AN INCENTIVE TO THE CONSUMER TO CHOOSE
REUSABLES.)
REUSE
RECYCLING INTO THE SAME OR A SIMILAR CONTAINER INTO A DIFFERENT KIND
OF PRODUCT
CONVERSION ENERGY GENERATION LAND RECLAMATION OR FERTILIZATION.
DISPOSAL
PERHAPS PACKAGING SHOULDONLY BE ALLOWED TO BE RECYCLED OR REUSED, NOT
CONVERTED OR DISPOSED OF.
IN CLOSING, WE ASK THAT OEC/ORION BE KEPT INFORMED OF THE PROCESS OF
THIS LEGISLATION.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 020 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113033
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
WE WILL BE GLAD TO WRITE TESTIMONY SUPPORTING IT, AND TO OFFER
COMMENTS AS REQUESTED.
ALSO, WOULD IT BE POSSIBLE FOR YOUR OFFICE TO SEND ORION A COPY OF
THE RESOURCE RECOVERY ACT HEARINGS OF 1970?
THANK YOU FOR THEOPPORTUINTY TO COMMENT--AND THANK YOU FOR AN
EXCELLENT BILL.
JANE LYLE ORION COORDINATOR
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 021 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113034
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
OREGON ENVIRONMENTAL COUNCIL 2637 SW WATER AVENUE, PORTLAND, OREGON
97201
APRIL 3, 1973
THE HONORABLE EDMUND S. MUSKIE SENATE OFFICE BUILDING WASHINGTON,
D.C. 20510
I HAVE REVIEWED A DRAFT COPY OF YOUR BILL WHICH WOULD AMEND THE SOLID
WASTE DISPOSAL ACT AS AMENDED BY THE RESOURCE RECOVERY ACT OF 1970.
THIS PRINTING WAS DATED JANUARY 5, 1973.
I WOULD LIKE TO COMMEND YOUR ACTIONS IN FURTHER PROMOTING RESOURCE
CONSERVATION. AS YOU WELL KNOW, A GREAT DEAL NEEDS TO BE DONE IN THIS
AREA.
THERE ARE A FEW ITEMS WHICH I WOULD LIKE TO PROPOSE WHICH IN MY
OPINION STRENGTHEN THE BILL SOMEWHAT AND GIVE IT MORE PRECISE LANGUAGE.
IN GENERAL, THESE SUGGESTIONS REVOLVE AROUND THE USE OF THE
"RECYCLABLE."
THERE HAVE BEEN MANY EFFORTS MADE HERE IN THE PACIFIC NORTH WEST TO
CONFUSE "REUSE" AND "RECLAMATION." IN YOUR SECTION 111 "PACKAGING
STANDARDS" YOU DO DEA L WITH REUSE AS SOEMTHING DIFFERENT FOR RECYCLING.
HOWEVER, I BELIEVE THAT SOME ADDITIONAL SETTING OUT OF REUSE IS
DESIRABLE. ACCORDINGLY I WOULD SUGGEST THAT ON LINE 9 OF PAGE 30
SECTION 111 THAT ITEM (A) BE CHANGED TO "REUSABLE." THE GROUPS
DEGRADABLE AND RECYCLABLE WOULD THEN BE (B), THOSE ITEMS WHICH
ARENONDEGRADABLE BUT RECYCLABLE WOULD BE (C), ETC,
BY "REUSE" IS MENAT THE USE OF A CONTAINER WITH ITS FORM UNCHANED AS
A CONTAINER. THE MOST FAMILIAR EXAMPLE, WHICH UNFORTUNATELY IS BECOMING
ALL TOO UNFAMILIRA IM NAY PARTS OF THE COUNTRY IS THE RETURNABLE BOTTLE.
AS YOU KNOW, THE DIFFERENCE IS ENERGY COST BETWEEN REUSE OF THE
CONTAINER AS A CONTAINER AND THE MELTING DOWN OF GLASS OR METAL TO MAKE
ANOTHER CONTAINER OR PRODUCT AS IN RECLAIMING IS VERY SIGNIFICAN.
CONSEQUENTLU, ALL EFFORTS SHOULD BE FIRST DIRECTED TOWARDS REUSE. LINES
7, 8, AND 9 OF PAGE 32 OF THE DRAFT DELINIATE THE DEFINITION OF REUSE
VERY WELL.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 022 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113035
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
UNDER SECTION 111 SUB B, SUB 3 PAGE 33, LINE 6, I WOULD PROPOSE THAT
YOU INSERT AFTER (B) THE WORDS "NOT LESS THAN THREE CENTS ER CONTAINER
FOR CERTIFIED STANDARD REUSABLE CONTAINERS" THE PURPOSE OF THIS ADDITION
WOULD BE TO ENCOURAGE THE USE OF STANDARD CONTAINERS.
HERE IN OREGON A PIECE OF LEGISLATION WHICH HAS BEEN KNOWN AS THE
"BOTTLE BILL" CONTAINS SIMILAR WORDING. THIS BILL WAS ENACTED FOR
SEVERAL REASONS. ONE OF THEM WAS TO ENCOURAGE THE USE OF STANDARD
REUSABLE CONTAINERS. IT HAS BEEN VERY SUCESSFUL IN THIS REGARD. AN
ELEVEN OUNCE BEER CONTAINER HAS BEEN IN USE IN THE NORTHWEST FOR MANY
YEARS. HOWEVER, IT HAS RECENTLY BEEN EXPERIENCING A DECLINE IN SALES
VOLUME DUE TO THE THROWAWAY BOTTLES AND CANS INTRUSION INTO THE
MARKETPLACE.
SINCE OREGON'S "BOTTLE BILL" WENT INTO EFFECT ON OCTOBER 1, 1972
THERE HAS BEEN A MARKED CHANGE IN THE USE OF THIS STANDARD CONTAINER.
NON-BULK SALE IN THIS CONTAINER HAS RISEN FROM BETWEEN 40 AND 50 PER
CENT OF THE MARKET TO NEARLY 90 PER CENT OF THE MARKET. EVEN BUDWISER
AND MILLERS ARE NOW MARKETING THEIR BEERS IN OREGON USING THE STANDARD
STUBBY.
WE BELIEVE THAT THIS WAS QUITE A SUCESSFUL STORY AND SHOWS HOW
QUICKLY AND EASILY NATIONAL MERCHANDISERS CAN CHANGE THEIR PACKAGING IF
THERE IS ANY ECONOMIC ADVANTAGE TO DO SO. THEIR INCENTIVE IN THIS CASE
WAS TO BE ABLE TO MARKET IN CONTAINERS WHICH CARRIED A 2 CENT REFUND FOR
CERTIFIED CONTAINERS AS OPPOSED TO A 5 CENT REFUND FOR CONTAINERS WHICH
WERE NOT CERTIFIED AS STANDARD CONTAINERS. A COPY OF A RECENT REPORT
REGARDING THE PROGRESS OF THE "BOTTLE BILL" IS ENCLOSED. YOU WILL NOTE
THAT THERE IS A COMPLETE TEXT OF THE "BOTTLE BILL" AS ENACTED WITHIN
THAT REPORT.
THE USE OF THE WORDS "CERTIFIED STANDARD" REUSABLE CONTAINER REQUIRE
ADDITIONAL DEFINITION AND IT IS THEREFORE SUGGESTED THAT FOLLOWING (F)
(2) ON PAGE 35, LINE 16 A NEW SECTION, NUMBER (3) BE INSERTED TO READ AS
FOLLOWS:
THE TERM "CERTIFIED STANDARD" CONTAINER SHALL MEAN A CONTAINER WHICH
HAS BEEN CERTIFIED AS A REUSABLE CONTAINER BY THE ADMINISTRATOR OF THE
FOOD AND DRUG ADMINISTRATION WITH THE FOLLOWING CHARACTERISTICS.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 023 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113036
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
(1) IT IS REUSABLE AS A CONTAINER BY MORE THAN THREE MANUFACTURERS IN
THE ORDIANARY COURSE OF BUSINESS AND (II) MORE THAN THREE MANUFACTURERS
IN THE ORDINARY COURSE OF BUSINESS ACCEPT THE CONTAINER FOR REUSE AS A
CONTAINER AND PAY THE REFUND VALUE OF THE CONTAINER. (III) NOT
WITHSTANDING THE ABOVE PROVISIONS A CONTAINER SHALL NOT BE CERTIFIED
UNDER THIS SECTION IF BY REASON OF ITS SHAPE OR DESIGN OR BY REASON OF
WORDS FOR SYMBOLS PERMAENTLY INSCRIBED THEREON WHETHER BY ENGRAVING,
EMBOSSING, PAINTING, OR OTHER PERMANENT METHOD IS IS REUSABLE AS A
CONTAINER IN THE ORDINARY COURSE OF BUSINESS ONLY
(1) IT ISREUSABLE AS A CONTAINER BY MORE THAN THREE MANUFACTURERS IN
THE ORDIANARY COURSE OF BUSINESS AND (II) MORE THAN THREE MANUFACTURERS
IN THE ORDINARY COURSE OF BUSINESS ACCEPT THE CONTAINER FOR REUSE AS A
CONTAINER AND PAY THE REFUND VALUE OF THE CONTAINER. (III)
NOTWITHSTANDING THE ABOVE PROVISIONS A CONTAINER SHALL NOT BE CERTIFIED
UNDER THIS SECTION IF BY REASON OF ITS SHAPE OR DESIGN OR BY REASON OF
WORDS OR SYMBOLS PERMAENTLY INSCRIBED THEREON WHETHER BY ENGRAVING,
EMBOSSING, PAINTING, OR OTHER PERMANENT METHOD IT IS REUSABLE AS A
CONTAINER IN THE ORDIANARY COURCE OF BUSINESS ONLY FOR GOODS OR PRODUCTS
SOLD UNDER A SPECIFIC BRAND NAME.
I WOULD WELCOME THE OPPORTUNITY TO FURTHER CLARIFY OR AMPLIFY MY
REMARKS IF YOU WISH. WE ARE MOST PLEASED AT THE SUCCESS OF THE
LEGISLATION HERE IN OREGON AND FEEL THAT MODIFICATIONS SUCH AS THOSE
WHICH ARE ABOVE SUGGESTED COULD HELP TO BRING SIMILAR SUCESS TO SOLID
WASTE MANAGEMENT THROUGHOUT THE UNITED STATES.
THANK YOU FOR THE OPPORTUNITY TO EXPRESS MY VIEWS ON THIS SUBJECT.
YOUR LEADERSHIP IN AIR AND WATER POLLUTION ABATEMENT IS GREATLY
APPRECIATED. WE WISH YOU GOOD LUCK IN THE SUCCESSFUL PASSAGE OF THIS
ADDITIONAL ENVIRONMENTAL LEGISLATION.
DON WAGGONER, PRESIDENT OREGON ENVIRONEMNTAL COUNCIL
CC: JANE LYLE
SENATOR BOB PEEKWOOD
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 024 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113037
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
ROYAL CROWN - DR PERPPER BOTTLING CO. WORDS OMITTED WORDS OMITTED
JANUARY 19, 1973
SENATOR EDMUND S. MUSKIE U.S. SENATE COMMITTEE ON PUBLIC WORKS
WASHING TON D.C. 20510.
I RECEIVED YOUR CORRESPONDENCE OF JANUARY 8, 1973, REQUESTING
COMMENTS ON THE LEGISLATION CONCERNING RESOURCE RECOVERY, RECYCLING, AND
SOLID WASTE MANAGEMENT. OF THE SIX KEY FEATURES, THE FOURTH FEATURE IS
THE ONLY AREA IN WHICH I FEEL I MIGHT BE ABLE TO OFFER MEANINGFUL
COMMENTS.
BEING A SOFT DRINK BOTTLER, I AM VERY MUCH INTERESTED IN THE
PACKAGING OF OUR SOFT DRINK INDUSTRY. THE SOFT DRINK INDUSTRY FOR MANY
YEARS HAS USED THE ONLY TRUE RECYCLABLE SOFT DRINK PACKAGE. THAT BEING
THE RETURNABLE BOTTLE, WHICH, WITH PROPER DEPOSIT, MAKES AS MANY AS
FIFTY TRIPS PER BOTTLE.
THE INTRODUCTION OF THE CAN WAS HEARSLED AS A CONVENIENCE TO CONSUMER
AND GROCERY MERCHANTS ALIKE. MANY OF US IN THE SOFT DRINK INDUSTRY
THOUGHT THAT THIS WAS TRUE UNTIL IT BECAME KNOWN THAT WE COULD NOT
CONTINUE TO USE UP OUR RESOURCES FOREVER IN MAKING ONE-TRIP CONTAINERS.
SINCE THIS TIME, THE GLASS INDUSTRY, TRYING TO MAINTAIN THEIR SHARE OF
THE PACKAGING MARKET, CAME OUT WITH A NON-RETURNABLE BOTTLE IN
OPPOSITION TO THE CAN. BOTH OF THESE PACKAGES WERE THOUGHT OF AS
CONVENIENCE PACKAGES. HOWEVER, WHEN THESE INDUSTRIES START TALKING
ABOUT HAVING TO RE-CYCLE NON-RETURNABLE BOTTLES AND CANES, THEY ARE NO
LONGER A CONVENIENCE PACKAGE, BUT INSTEAD THE MOST INCONVENIENT PACKAGE
CONCEIVABLE FOR THE HOUSEWIFE.
IN MOST CITIES THERE IS NO PLACE TO DISPOSE OF THE BOTTLES AND CANS
OTHER THAN THE MUNICIPAL WASTE DISPOSAL SYSTEM. THERE HAVE BEEN
NUMEROUS RECLAMATION CENTERS WHICH RECEIVE WIDE-SCALE PUBLICITY. BUT
THAT'S JUST WHAT IT IS, A PUBLICITY STUNT TO TRY TO LULL THE AMERICAN
PEOPLE TO SLEEP WHILE THE PACKAGING MANUFACTURERS CONTINUE TO PUMP OUT
BILLIONS OF CONTAINERS. ONCE YOU RECOGNIZE THE FACE THAT WE CANNOT PUMP
HUNDREDS OF BILLIONS OF CONTAINERS INTO OUR SOLID WASTE STREAM ANNUALLY
WITHOUT COMPLETELY DEPLEATING OUR RAW MATERIALS EVENTUALLY, AND STOP AND
TAKE A LONG LOOK AT IT, THE RETURNABLE BOTTLE IN THE SOFT DRINK INDUSTRY
AS WELL AS THE BREWERY INDUSTRY IS A PROVEN SYSTEM WHICH IS NOW IN
EXISTANCE.
IT SAVES THE CONSUMER CONSIDERABLE MONEY IN THE PRICE THAT THEW YILL
PAY FOR OUR PRODUCT.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 025 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113038
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
I FREQUENTLY CITE AN EXAMPLE AND ASK PEOPLE IF THEY WOULD PAY TWENTY
DOLLARS FOR A PAIR OF SHOES, AND FORTY DOLLARS FOR THE BOX IN WHICH TO
TAKE THE SHOES HOME. NEEDLESS TO SAY, THE RESPONSE IS ALWAYS, "HOW
ABSURD THIS WOULD BE." AND YET THESE SAME PEOPLE, TOTALLY UNAWARE THAT
THEY ARE DOING SO, ARE DOING THIS IN SOFT DRINKS. WHEN THE RAW
MATERIALS AT THE MANUFACTURING LEVEL COST APPROXIMATELY 50 FOR A CASE OF
SOFT DRINKS (10 OZ. BOTTLES), AND THE PACKAGE, THE 24 BOTTLES THAT YOU
HAVE TO HAVE TO CARRY THE PRODUCT IN, AT THE MANUFACTURING LEVEL, COST
BETTER THAN $1.00. THIS TWO-TO-ONE RATIO ON THE SOFT DRINK INGRADIENTS
V.S. CONTAINER IS EXACTLY THE SAME RATIO AS A $20.00 PAIR OF SHOES AND A
$40.00 BOX, OR A $10.00 PAIR OF SHOES AND A $20.00 BOX.
IN SHORT, THE RETURNABLE BOTTLE IS, I FEEL, A SYSTEM THAT IS HERE AND
NOW, ALTHOUGH SOME AREAS OF THE COUNTRY HAVE DONE AWAY FROM IT IN FAVOR
OF THE CAN AND THE NON-RETURNABLE MUCH MORE SO THAN WE HAVE HERE IN
TEXAS. IT IS NOT AN IRREVEREIBLE SITUATION. TRUE, IT WILL REQUIRE SOME
EXPANDITURES OF THIS INDUSTRY TO GO BACK TO THE RETURNABLE BOTTLE. BUT
FROM AN ECOLOGICAL AND RESOURCES STANDPOINT, IT IS THE ONLY FEASIBLE
SOLUTION TO THIS SMALL PART OF THE OVERALL PROBLEM.
THE ORGANIZATION WHICH I REPRESENT AS PRESIDENT, THE CRUSADE FOR A
CLEANER EVNIRONMENT, HEADQUARTERED IN WASHINGTON, D. C., HAS TRIED TO
EDUCATE PEOPLE, PRIMARILY LEGISLATORS, WITH THE FACTS AND INFORMATION
CONCERNING THIS PROBLEM.
IF WE CAN BE OF ANY SERVICE TO YOU IN THIS AREA, PLEASE DO NOT
HESITATE TO CONTACT THE WASHINGTON OFFICE FOR THE CRUSADE FOR A CLEANER
ENVIRONMENT. LIKEWISE, I WILL BE HAPPY TO DO WHATEVER I CAN TO STOP THE
NEEDLESS WASTE OF OUR RESOURCES IN PRODUCTING ALUMINUM CANS, STEEL CANS,
AND THROW-AWAY BOTTLES.
IT DOESN'T MAKE SENSE TO USE A BOTTLE ONE TIME AND DISCARD WHEN A
SYSTEM IS NOW IN EXISTANCE AND OPERATIONAL TO USE ABOTTLE AS MAY AS
FIFTY TIMES, PROVIDING YOUR DEPOSIT IS SUFFICIENT TO RETURN THE BOTTLE.
I AM HOPING THAT THE STATE OF TEXAS WILL ENACE A SIMILAR BOTTLE BILL
AS DID THE STATE OF OREGON THIS PAST YEAR. I'M SURE THE CAN AND BOTTLE
MANUFACTURERS HAVE HAD SOME LOSS OF BUSINESS DUE TO THE NON-USE OF THOSE
PACKAGES. BUT I ADMIRE THE PEOPLE AND THE LEGISLATURE OF OREGON FOR
TAKING THEIR POSITIVE STEP TOWARD KEEPING THE STATE OF OREGON A BETTER
PLACE TO LIVE FOR THEIR PEOPLE.
IF I CAN BE OF ANY SERVICE, PLEASE DO NOT HESITATE TO CONTACT ME.
M. E. MORTON, PRESIDENT PRESIDENT, CRUSADE FOR A CLEANER ENVIRONMENT
WASHINGTON, D. C.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 026 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113039
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
SIERRA CLUB LOMA PRIETA CHAPTER SAN BENITO COUNTY -- SAN MATEO COUNTY
-- SANTO CLARA COUNTY -- SANTA CRUZ COUNTY --
FREDERICK MARTIN 375 SAN MATEO DR MENLO PARK, CA. 94025
HONORABLE EDMUND S. MUSKIE U. S. SENATE WASHINGTON, D. C. 20510
REFERRING TO YOUR LETTER OF JANUARY 31, 1973, I WISH TO THANK YOU FOR
A COPY OF THE PROPOSED LEGISLATION ON SOLID WASTE DISPOSAL. THERE ARE
CERTAINLY MANY FINE FEATURES TO THIS BILL AS IT NOW READS AND INDEED IT
WOULD PROVIDE AN EXCELLENT STARTING POINT FOR DEVELOPING RECOVERY
PROGRAMS FOR OUR WASTE MATERIALS.
ONE CAN EASILY APPRECIATE THE DIFFICULTY OF COMPOSING A COMPLEX PIECE
OF LEGISLATURE SUCH AS THIS. ON THE ONE HAND A TOO GENERAL APPROACH IS
VULNERABLE TO MANIPULATION AND MISINTERPRETATION WICH LEADS TO
INEFFECTIVENESS; ON THE OTHER HAND A TOO SPECIFIC PIECE OF LEGISLATION
BECOMES INFLEXIBLE AND CUMBERSOME TO APPLY. OUR EFFORTS TO PROMOTE A
REGIONAL PROGRAM FOR RESOURCE RECOVERY AND WASTE DISPOSAL CAREENS
BETWEEN A SIMILAR SCYLLA AND CHARYBDIS. MOST CITY AND COUNTY
AUTHORITIES OPPOSE ANY EFFORT AT COOPERATING WITH SUCH A REGIONAL
PROGRAM. THEY ARE RELUCTANT TO ADMIT TO THE EXISTENCE OF THE PROBLEM
AND IF THE QUESTION OF FUTURE DISPOSAL OPERATIONS ARISES THEY CAN ALWAYS
POINT TO A NEW CANYON WAITING TO BE FILLED WITH RUBBISH. ON THE OTHER
HAND IF ONE ATTEMPTS TO DISCUSS RESOURCE RECOVERY AND CONSERVATION, THE
LOCAL OFFICIALS ASSERT THAT THAT IS A PROBLEM FOR THE STATE OR FEDERAL
GOVERNMENTS. I WON'T BELABOR THIS POINT WITH VARIOUS REFINEMENTS AND
DETAILS--YOU CAN IMAGINE, I'M SURE, THE SEE-SAW ARGUMENTS ONE GETS INTO
ON THIS ISSUE.
WHAT'S TO BE DONE? THERE ARE THREE BASIC THRUSTS AT THIS PROBLEM.
1) RESOURCE CONSERVATION. 2) DISECONOMIES RESULTING FROM EXCESSIVE
POLLUTION AND WASTEFULNESS. 3) SUPPORT FROM THE LOCAL GOVERNMENTS. THE
RESULT OF THIS LEGISLATION IS TO MAKE THE LOCAL GOVERNMENTS PAY FOR THE
COST OF POLLUTION AND RESOURCE CONSUMPTION. LET ME TAKE UP EACH OF
THESE TOPICS AND TRY TO APPLY THEM TO YOUR LEGISLATION AS IT NOW STANDS.
IN DOING SO, I SHALL ENDEAVOR TO BE BRIEF AND LIMIT MYSELF TO ONE OR
POSSIBLY TWO EXAMPLES IN EACH EASE; AN EXHAUSTIVE AND HIGHLY DETAILED
ACCOUNT IS CLEARLY BEYOND THE SCOPE OF THIS LETTER AND PROBABLY THE
PATIENCE OF THE READER.
THE CONSERVATION OF OUR MINERALS, FORESTS AND POWER RESOURCES ALL
BECOME OF PARAMOUNT IMPORTANCE IN THE COMING GENERATION. ANYTHING WE DO
NOW TO ACT POSITIVELY FROM THE RECOGNITION OF THIS PROBLEM COULD HAVE
PROFOUND CONSEQUENCES IN THE FUTURE.
IN SOME WAYS SECTION 112 CALLS FOR NEW STUDIES SEEMINGLY WITHOUT
TAKING NOTICE OF THE MASSIVE AMOUNTS OF INFORMATION AVAILABLE ON THE
SUBJECT OF RECYCLING. BUT WE ALREADY KNOW THAT FOR THE POINT OF VIEW OF
CONSERVING POWER AND MINERALS IT IS DEFINITELY CHEAPER TO REUSE METALS
THAN TO MINE NEW ORES.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 027 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113040
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
SUGGESTION: A DEFINITIVE REQUIREMENT TO REUSE ALL METALS IS NEEDED.
UNTIL SUCH A REQUIREMENT IS CLEARLY MADE, PROCRASTINATION WILL
CONTINUE INDEFINITELY. IN SOME INSTANCES THE PRESENT TECHNOLOGY MAY
LIMIT TO IMPEDE THE REUSE OF SOME METAL ALLOYS, HOWEVER, THE BURDEN OF
PROOF OUGHT TO BE ON THE INDUSTRY SEEKING EXCEPTIONS TO THIS
REQUIREMENT.
SECTION III, ON PACKAGING STANDARDS, CERTAINLY REFLECTS SOME OF THE
KNOWLEDGE ACQUIRED IN THE PREVIOUS STUDIES. HOWEVER, IT IS NOT
IMMEDIATELY OBVIOUS WHETHER THIS SECTION, AND THE OTHERS AS WELL, IS
PRIMARILY AIMED AT HOUSEHOLD AND RETAIL CONSUMER PRODUCTS OR IF IT ALSO
EMBRACES ALL SECTORS OF OUR ECONOMY. LINES 7 THROUGH 15 ON PAGE 32 ARE
PARTICULARLY IMPORTANT. OF COURSE IF ONE WISHES TO ACHIEVE THE ULTIMATE
IN EFFICIENT USE OF RESOURCES, AND I INCLUDE POWER AS A RESOURCE, THIS
SECTION WOULD BE EXPANDED TO REQUIRE STANDARD SHAPES AND SIZES SO THAT
RECYCLED BOTTLES, FOR INSTANCE, CAN BE REDISTRIBUTED TO DIFFERENT USERS.
ITEM C OF THIS SECTION LEADS TO A COMPLICATION. AND WHAT IS SAID
HERE ALSO APPLIES TO PAPER WHERE THIS TYPE OF REUSE IS FREQUENTLY
ADVOCATED. UNFORTUNATELY, CREATING "NEW" PRODUCTS FROM WASTE MATERIAL,
WHICH CAN BE REUSED IN ITS ORIGINAL FORM, DOES NOT CONSERVE RESOURCES.
QUITE THE OPPOSITE, IT CREATES NEW DEMANDS ON THE ORIGINAL SOURCE OF
MATERIAL. IF ONE IS GOING TO ACCEPT THIS ALTERNATIVE IT SHOULD BE DONE
SO WITHIN A SYSTEM OF PRIORITIES WHICH REQUIRES INITIAL PURPOSE REUSE.
THE BURDEN OF PROOF OUGHT TO BE ON THE APPLICANT FOR THE "NEW" PRODUCT
AND SOME DISINCENTIVES SHOULD BE APPLIED.
I SUBMIT THAT THE 5 CENT TAX PER CONTAINER SUGGESTED ON LINE 7, PAGE
33 DOES NOT REFLECT THE TRUE COST OF RESOURCE EXPENDITURE FOR THROWAWAY
CONTAINERS. BRUCE HANNON HAS ANALYZED AND FOUND THAT THROWAWAY BEVERAGE
CONTAINERS CONSUME FROM 2 TO 4 TIMES AS MUCH POWER AND FUEL AS REUSED
CONTAINERS.
SUGGESTION: IN ADDITION TO A PALTRY 5 CENTS PER CONTAINER, PAPER
MILK CARTONS, BI-METAL CANS, ETC., MUST BE HEAVILY TAXED TO DISCOURAGE
THEIR USE.
ONE FINAL COMMENT ON THE RESOURCE TOPIC DESERVES MENTIONING. THE
REQUIREMENTS FOR FEDERAL ACTION CANNOT BE OVEREMPHASIZED. OF COURSE,
RECYCLED PAPER OUGHT TO SPECIFY POST CONSUMER WASTE. ONE OBLIGATION NOT
MENTIONED IS THE RECOVERY OF MATERIALS USED BY THE MILITARY. THIS
ORGANIZATION IS THE ULTIMATE IN WASTEFULNESS. ONE CANNOT HELP BUT
REFLECT ON THIS SITUATION WHEN HE VIEWS A PICTURE OF THOUSANDS OF EMPTY
SHELL CASINGS PILED UP AROUND SOME BATTLE GROUND IN SOUTH VIETNAM. BUT
MORE IMPORTANT, THE NAVY HAS ON OCCASION, DUMPED VAST QUANTITIES OF
SURPLUS MATERIAL INTO THE OCEAN.
SUGGESTION: ALL MILITARY EQUIPMENT MUST BE REUSED OR RECYCLED.
IF WE CAN AFFORD THE VAST EXPENSE TO PRODUCE THIS WASTED MATERIAL WE
CAN EASILY AFFORD TO RECLAIM IT.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 028 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113041
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
THE SECOND FRONT FOR ATTACKING THE WASTE DISPOSAL PROBLEM IS WHAT WE
MIGHT TERM DISECONOMIES. THE PROPOSED LEGISLATION DOES NOT IN FACT COME
TO GRIPS WITH THIS PROBLEM. DISECONOMIES ARE THE COSTS BORNE BY THE
SOCIETY FOR POLLUTING THE ENVIRONMENT. SMOG DETERIORATES PAINT, RUBBER
AND FARM PRODUCE. POLLUTED WATERWAYS DESTROY FISHING INDUSTIRES. MINE
TAILINGS AND STRIP MINING RUIN PRODUCTIVELAND. SAME IS TRUE FOR FOREST
CUTTING. PARTICULARLY CLEAR CUTTING-ANOTHER FORM OF STRIP MINING.
ALTHOUGH THE CLEAN WATER ACT BEGINS TO GET AT THIS PROBLEM, WE HAVE NOT
YET RECOGNIZED THE FULL IMPACT OF DEALING WITH THESE FORMS OF WASTE AND
POLLUTION.
SUGGESTION: MINE TAILINGS, SLUG HEAPS, LOGGING DEBRI- AND SIMILAR
FORMS OF SOLID WASTE BE CLEANED UP. THE COST TO BE BORNE BY THE
PRODUCING INDUSTRIES.
THIS WOULD CERTAINLY BIAS THE ECONOMY TOWARDS RECYCLING AND REUSE.
IN GENERAL, A DETERMINED EFFORT MUST BE MADE TO STOP THE DUMPING OF VAST
QUANTITIES OF REFUSE FROM THE EARLY MANUFACTURING PROCESSES. NO ONE HAS
EVER BEEN HELD ACCOUNTABLE FOR THESE WASTES AND THIS LEGISLATION MUST
BEGIN TO DEAL WITH THAT PROBLEM.
LOCAL GOVERNMENTS, LIKE MANY PEOPLE, SELDOM CONSIDER THE INTRINSIE
VALUE OF SOME ITEMS OR MATERIAL. IF THEY CANNOT SEE AN IMMEDIATE AND
PROFITABLE USE FOR IT--THEN DISCARD THE MATERIAL. AS I SUGGESTED NEAR
THE BEGINNING, THE OBJECT OF THIS LEGISLATION IS TO INTERNALIZE THOSE
COSTS WHICH HAVE HITHERTO BEEN EXTERNAL OR IGNORED BY THE LOCAL
COMMUNITIES. YOUR LEGISLATION AND THE ABOVE SUGGESTIONS ATTEMPT TO
OBTAIN THIS CIRCUMSTANCE.
IN ADDITION TO ESTABLISHING THESE BROAD STANDARDS AND TEMPTING THE
LOCAL COMMUNITIES TO NEW SYSTEMS WITH FEDERAL FUNDING, PEOPLE LIKE
MYSELF NEED A GOOD CLUB WITH WHICH TO POUND ON THE LOCALS. A GOOD
EXAMPLE OF THIS AND ONE I AM ATTEMPTING TO USE IS THE CALIFORNIA
ENVIRONMENTAL IMPACT STATEMENT.
SUGGESTION: ALL NEW DUMPSITES OR EXPANSIONS OF EXISTING OPERATIONS
REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT INCLUDING DISCUSSIONS OF
ALTERNATE METHODS OF DISPOSAL AND THE EFFECT ON RESOURCE CONSERVATION.
A SECOND IDEA RECENTLY CAME TO MY ATTENTION IN AN ARTICLE PUBLISHED
IN THE FEBRUARY ISSUE OF "THE JORNAL OF ACCOUNTANCY." PROFESSOR MARLIN
IN HIS ARTICLE "ACCOUNTING FOR POLLUTION" SUGGESTS THAT CORPORATIONS
SHOULD NOT ONLY LIST THE CAPITAL SPENT ON POLLUTION CONTROL, BUT ALSO
ACCOUNT FOR ITS PERFORMANCE AND EFFECTIVENESS.
SUGGESTIONS: EACH CITY MUST PUBLISH IN ITS ANNUAL BUDGET THE
ESTIMATED VOLUME OFSOLID WASTE GENERATED IN THE CITY, HOW MUCH NEWSPAPER
IS RECYCLED; HOW MUCH SOLID WASTE IS RECYCLED OR HANDLED IN ACCORDANCE
WITH THE STANDARDS ESTABLISHED BY THIS LEGISLATION; AND HOW MUCH OF THE
MATERIAL IS SIMPLY DUMPED.
COMMENTS ON RESOURCE CONSERVATION 730115
RE SOLID WASTE DISPOSAL ACT 730314
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
PART 029 OF 29
ADAMS W R COMMISSIONER
KREML F M PRESIDENT AND CHIEF EXECUTIVE OFFICER
BAKER T F EXECUTIVE VICE PRESIDENT
TUCKER F E VICE PRESIDENT
LYLE J ORION COORDINATOR
WAGGONER D PRESIDENT
MORTON N E PRESIDENT
MARTIN F
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
DEPARTMENT OF ENVIRONMENTAL PROTECTION OF ME AUGUSTA, MAINE
MAINE PLANNING OFFICER
MOTOR VEHICLE MANUFACTURERS ASSOCIATION OF US, DC
NATIONAL SOFT DRINK ASSOCIATION, DC
NATIONAL STEEL CORP ENVIRONMENTAL CONTROL, PITTSBURGH PA
ORION RECYCLING INFORMATION AND ORGANIZING NETWORK, PORTLAND, OR
OREGON ENVIRONMENTAL COUNCIL PORTLAND OR
ROYAL CROWN DR PEPPER BOTTLING CO CORPUS CHRISTI, TEXAS CRUSADE FOR A
CLEANER ENVIRONMENT DC
SIERRA CLUB, SOLID WASTE TASK FORCE MENLO PARK
113042
CORRESPONDENCE
INTERNAL MEMO
COMMENTS GOVERNMENT
COMMENTS PETITIONER
HEARING
SENATE
FUTURE PLANS SHOULD BE DISCUSSED AND ALL STATISTICS SHOULD BE PER
CAPITA AS WELL AS TOTALS.
THESE TWO REQUIREMENTS WOULD GIVE THOSE OF MY ILK A TREMENDOUS
PSYCHOLOGICAL TOOL WITH WHICH TO WORK ON THE LOCAL OFFICIALS.
THERE IS ANOTHER PROBLEM WHICH COMES IN EITHER HERE AND UNDER SECTION
110. AS YOU KNOW, WE ARE PROMOTING THE ABAG/SPUR REGIONAL DISPOSAL
PROGRAM ORIGINALLY DEVELOPED BY FEIBUSCH AND STEAD. RECENTLY, EPA HAS
FUNDED PART OF THE PROGRAM AND THE CORPS OF ENGINEERS HAS BEEN
APPROACHED FOR FINANCIAL ASSISTANCE. ALTHOUGH THEY ARE A VERY NATURAL
AND ABLE AGENCY TO ASSIST IN THIS PROGRAM, THEIR INTEREST SO FAR HAS
BEEN LIMITED TO DISCUSSIONS AND OBSERVATIONS.
SUGGESTION: OTHER FEDERAL AGENCIES ARE INVITED TO SUPPORT REGIONAL
SOLID WASTE DISPOSAL PROGRAMS IN ACCORD WITH THIS LEGISLATION.
THIS CONCLUDES MY INITIAL LIST OF THOUGHTS ON THE LEGISLATION YOU
HAVE PROPOSED. I WON'T ATTEMPT ANY SUMMARY OF MY IDEAS, BUT I CERTAINLY
WISH YOU ALL SUCCESS IN OBTAINING ITS PASSAGE. I HOPE ALSO THAT MY
COMMENTS IN SOME SMALL WAY WILL OFFSET WHAT IS SURE TO BE CONSIDERABLE
LOBBYING ON THE PART OF VARIOUS VESTED INTERESTS WHO CONSIDER THIS
LEGISLATION INIMICAL TO THEIR RIGHTS, WELL BEING OR WHATEVER. THIS BILL
IS SURE TO BE AMENDED AND I WOULD BE MUCH OBLIGED FOR YOUR KEEPING ME
POSTED ON THESE CHANGES AND THE PROGRESS OF THE BILL.
THANK YOU FOR YOUR ATTENTION.
FREDERICK MARTIN SOLID WASTE TASK FORCE
P.S. IF THERE ARE PUBLIC HEARINGS IN THIS LEGISLATION, WOULD YOU
PLEASE INCLUDE THIS LETTER IN THE TESTIMONY.
ADDITIONAL STATEMENTS
RE THE SOLID WASTE UTILIZATION ACT OF 740000 740909
THE NEED FOR A NATIONAL MATERIALS POLICY
740718
GRIESEDIECK J VICE CHAIRMAN OF THE BOARD
GHIONE P N
GERHART J
HAMMER E J PRESIDENT
FALSTAFF BREWING CORPORATION ST LOUIS, MO
SAFETY PAK BERKELEY, CA
PRINCETON UNIVERSITY WOODROW WILSON SCHOOL OF PUBLIC AND
INTERNATIONAL AFFAIRS PRINCETON, NJ
UNIVERSAL GYPSUM COMPANY INC CHICAGO, IL
113043
COMMENTS PETITIONER
CORRESPONDENCE
HEARINGS
TRANSCRITP
SENATE
ATTACHMENT TO 08111950 PARENT DOCUMENT.
FALSTAFF BREWING CORPORATION, ST. LOUIS, MO., AUGUST 7, 1974.
HON. JENNINGS RANDOLPH, SENATOR FROM WEST VIRGINIA, SENATE OFFICE
BUILDING, WASHINGTON, D. C.
MY DEAR SENATOR RANDOLPH: I UNDERSTAND THAT COMMITTEE HEARINGS ON
YOUR BILL (S. 3560) WERE HELD DURING JULY AND TESTIMONY FAVORABLE TO THE
PASSAGE WAS SUBMITTED BY VARIOUS UNIONS IN THE STEEL, GLASS, AND
ALUMINUM INDUSTRIES. WHILE I KNOW THAT THE BREWING INDUSTRY THROUGH MR.
HENRY KING, PRESIDENT OF THE UNITED STATES BREWERS ASSOCIATION, AS WELL
AS MR. SELLINGER HAS ALSO BEEN WELL REPRESENTED AT COMMITTEE SESSIONS, I
TOO WOULD LIKE TO COMMENT FAVORABLY UPON YOUR BILL.
HAVING MET YOU BRIEFLY LAST YEAR IN WASHINGTON DURING THE
DEMONSTRATION OF AMERICAN CAN COMPANY'S AUTOMATED HIGHWAY LITTER
CLEANER, I WAS IMPRESSED WITH YOUR INTEREST IN THE LITTER AND SOLID
WASTE PROBLEM THAT EXISTS TODAY, BUT MORE IMPORTANTLY, I WAS CERTAIN
THAT YOU WOULD WEIGH FAIRLY ALL OF THE VARIOUS SOLUTIONS BEING OFFERED
BY ENVIRONMENTALIST GROUPS, THE PACKAGING INDUSTRY, BEVERAGE INDUSTRY,
BASIC METALS, ETC.
UNFORTUNATELY, SOME OF THESE SOLUTIONS, WHILE PROMISING IMMEDIATE
RESULTS, HAVE NOT BEEN THOROUGHLY EXAMINED--PARTICULARLY AS TO THEIR
LONG RANGE EFFECTS ON THE ECONOMY, THE ENERGY SHORTAGE PROBLEM, ETC. AS
I KNOW YOU ARE AWARE, WE IN THE BREWING AND ALLIED INDUSTRIES BELIEVE
THAT THE BEST LONG RANGE PROGRAM, BOTH FROM AN ENERGY AND RAW MATERIALS
CONSERVATION STANDPOINT AS WELL AS THE BEST SOLUTION TO THE SOLID WASTE
DISPOSAL PROBLEM, LIES IN A TOTAL RECYCLING OR RECLAMATION EFFORT. TO
THAT END, OF COURSE, THE BREWING AND ITS ALLIED INDUSTRIES, THROUGH THE
EFFORTS OF MR. KING, TOOK THE LEAD SEVERAL YEARS AGO IN THE FORMATION OF
THE NATIONAL CENTER FOR RESOURCE RECOVERY. THIS CENTER HAS BEEN DOING
AN OUTSTANDING JOB, BUT LIKE MOST LONG RANGE PROGRAMS IT WILL TAKE TIME
FOR SEVERAL OF ITS MAJOR PROJECTS TO GIVE POSITIVE RESULTS.
IN THE MEANTIME, AS YOU KNOW SEVERAL BILLS HAVE BEEN INTRODUCED BY
VARIOUS MEMBERS OF THE SENATE AND HOUSE TO ALLEVIATE THE SOLID WASTE
PROBLEM. SPEAKING FOR FALSTAFF, I AM CONFIDENT YOUR BILL (S. 3560) IS
THE BEST POSITIVE STEP IN THE RIGHT DIRECTION TOWARD FURTHER
IMPLEMENTATION OF THE LONG RANGE OBJECTIVE OF TOTAL RECLAMATION OR
RECYCLING OF ALL SOLID WASTE, OF WHICH OUR VARIOUS PACKAGES REPRESENT A
PART. IF THERE IS ANY WAY THAT I CAN BE OF ASSISTANCE IN URGING ITS
PASSAGE I WILL BE MORE THAN PLEASED TO DO SO.
YOU MAY RECALL WE HAD, IN ADDITION TO OUR MUTUAL CONCERN OVER THE
ENERGY AND SOLID WASTE PROBLEM, ANOTHER THING IN COMMON-- ADMIRATION FOR
THE GREAT JOB YOUR SON JAY IS DOING BOTH HERE IN ST. LOUIS AS WELL AS ON
THE NATIONAL NETWORKS ON HIS SPORTS TELECASTS AND BROADCASTS.
HE IS WELL RECOGNIZED TODAY AS ST. LOUIS BEST SPORTS ANNOUNCER AND
HIS NIGHTLY SPORTS PORTION OF THE 6 PM AND 10 PM TV NEWS ON CHANNEL 5
(NBC) IS THE MOST POPULAR, BY FAR, OF ALL THE NEWS, SPORTS AND WEATHER
SHOWS. JAY SURPRISED ME WHEN I FOUND OUT WHAT A DARN GOOD GOLFER HE IS
TOO. ONE OF THE THINGS I REALLY ADMIRE ABOUT JAY'S TELECASTS--HE, LIKE
YOURSELF, ISN'T CONTENT TO SIMPLY REPORT RESULTS, ETC., BUT TAKES A
DEFINITE POSITION WHEN CONTROVERSIAL ISSUES ARISE. A GOOD EXAMPLE IS
THE CURRENT NFL PLAYERS' STRIKE. JAY LAID IT ON THE LINE--AS HE SAW IT,
AND WHILE I'M SURE THERE WERE MANY VIEWERS LIKE MYSELF WHO AGREED WITH
HIM, THERE WERE UNDOUBTEDLY MANY OTHERS WHO DIDN'T.
THE POSITION YOU HAVE TAKEN WITH YOUR PRESENT BILL IS VERY MUCH
SIMILAR. WHILE MANY WILL AGREE WITH IT, I'M CERTAIN THAT THERE ARE MANY
MORE, PARTICULARLY AMONG THE VERY VOCAL ENVIRONMENTALISTS, WHO WILL
VIOLENTLY DISAGREE, USING ARGUMENTS BASED MORE UPON APPEALS TO THE
EMOTIONS RATHER THAN FACTS. IN THE END, AS THEY ALWAYS SEEM TO, THE
FACTS WILL WIN THE ARGUMENT, SO IN CLOSING, I AGAIN WANT TO REPEAT HOW
MUCH ALL OF US APPRECIATE THE WORK YOU HAVE DONE ON S. 3560 AND WE URGE
ITS ULTIMATE PASSAGE.
JOSEPH GRIESEDIECK, VICE CHAIRMAN OF THE BOARD.
SAFETY-PAK, BERKELEY, CALIF., SEPTEMBER 9, 1974.
HON. JENNINGS RANDOLPH. CHAIRMAN, SENATE COMMITTEE ON PUBLIC WORKS,
DIRKSON SENATE OFFICE BUILDING, WASHINGTON, D. C.
DEAR CHAIRMAN RANDOLPH: IN THE SECTOR OF PACKAGING AND ENVIRONMENTAL
POLLUTION YOUR WORTHY COMMITTEE WORK HAS RECENTLY RECEIVED INCREASED
PUBLIC EXPOSURE IN ALL THE MEDIA. AS YOU KNOW, THE PACKAGING INDUSTRY
ESPECIALLY FAVORS YOUR MEASURE, S. 3560: THE SOLID WASTE UTILIZATION
ACT OF 1974. I WOULD APPRECIATE HAVING A COPY OF YOUR BILL WHICH IS NOW
PENDING.
WHILE YOU SHARE OUR CONCERN FOR RESOURCE RECOVERY, I KNOW YOU FEEL
THAT A PACKAGE'S COMPLETE RECYCLABILITY MIGHT MAKE EVEN A GREATER STRIDE
IN FIGHTING THIS BATTLE THAT AMERICANS, WHERE EVER THEY MAY LIVE IN OUR
GREAT NATION, ALL HAVE A STAKE IN. IN THAT CONNECTION I AM PLEASED TO
SEND YOU MY SUBMISSION, NOT FOR ENDORSEMENT, BUT FOR THE POINT OF VIEW
THAT IT MIGHT ADVISE TO YOU AND YOUR COMMITTEE COLLEAGUES.
CERTAINLY YOUR POSTAL SERVICE HAS A STAKE IN THIS, TOO, AND IT IS A
VITAL ONE. WE HANDLE AND DELIVER MORE THAN 500 MILLION PACKAGES EVERY
YEAR.
PAUL NOEL GHIONE.
PRINCETON UNIVERSITY, WOODROW WILSON SCHOOL OF PUBLIC AND
INTERNATIONAL AFFAIRS, PRINCETON, N. J., AUGUST 3, 1974.
DEAR SENATOR RANDOLPH. I WAS SURPRISED TO READ THAT YOU WERE
PROPOSING THAT FEDERAL GRANTS FOR SOLID WASTE DISPOSAL BE DENIED TO
STATES WITH LAWS AGAINST THROW-AWAY BOTTLES. SURELY THE MEASURE SHOULD
BE THE OTHER WAY AROUND: STATES THAT DON'T CARE ENOUGH ABOUT
CONTROLLING LITTER TO PASS A BOTTLE LAW SHOULD NOT HAVE FEDERAL MONEY TO
MAKE UP FOR THEIR OWN INACTION. AS LONG AS ONLY 1 OR 2% OF ALUMINUM
CANS ARE BEING RECYCLED, ALLOWING THEM TO CONTINUE IN USE IS A GROSS
WASTE OF ALUMINUM AND OF THE ELECTRICITY REQUIRED TO PRODUCE IT, NOT TO
MENTION THE UNSIGHTLY MESS THAT IT MAKES EVERYWHERE ONE GOES. IF THIS
IS NOT A CLASSIC CASE OF A SPECIAL INTEREST GROUP, THE CAN INDUSTRY,
OVERRIDING THE GENERAL PUBLIC INTEREST, I HAVE NEVER SEEN ONE. SURELY
YOU DON'T WANT TO BE CONSIDERED A PARTY TO SUCH A SHAM.
JOHN GERHART.
UNIVERSAL GYPSUM COMPANY, INC., CHICAGO, ILL., OCTOBER 9, 1974.
HON. JENNINGS RANDOLPH. U.S. SENATE, PUBLIC WORKS COMMITTEE, DIRKSEN
SENATE OFFICE BUILDING, WASHINGTON, D. C.
DEAR SIR: I AM WRITING YOU IN REFERENCE TO BILL S. 3954 WHICH HAS
BEEN REFERRED TO THE SENATE PUBLIC WORKS COMMITTEE FOR FURTHER
CONSIDERATION. AS CHAIRMAN OF THIS COMMITTEE, I WOULD LIKE TO MAKE SOME
SUGGESTIONS WHICH, IN MY OPINION WOULD HELP CLARIFY THE MEANING OF THE
BILL WITHOUT MATERIALLY CHANGING ITS CONTEXT.
I WOULD LIKE TO SUGGEST THE FOLLOWING:
IN THE DECLARATION OF POLICY, UNDER SECTION 2, ITEM (B) PURPOSES, AN
INCLUSION OF A (7) WHICH WOULD STATE: (7) ENCOURAGE THE RECOVERY OF
RESOURCES FROM WASTES THROUGH PREFERENCES IN PROCUREMENT SPECIFICATIONS
RELATIVE TO FEDERAL GOVERNMENT PROCUREMENT AND FEDERAL GOVERNMENT
SUBSIDY OF PRIVATE OR NON-FEDERAL PUBLIC PROCUREMENT.
ON PAGE 14 UNDER RECLAIMED MATERIALS PREFERENCE, SECTION 5 (A)
GENERAL, MAKE A PARAGRAPH (1) OF THE STATEMENT AND INCLUDE A PARAGRAPH
(2) TO READ MUCH THE SAME AS THAT UNDER SECTION 5 AS TO FEDERAL MORTGAGE
GUARANTEES AND FEDERAL SUBSIDY OF PRIVATE PROCUREMENT.
ON PAGE 17, MINIMIZATION OF NEEDLESS AND DANGEROUS WASTE, SECTION 7
(A) (1) SHOULD INCLUDE WASTES WHICH COULD BE USED IF IMPORT OF VIRGIN
MATERIAL CEASED.
ON PAGE 22 SECTION 7, ITEM (C) INSERT REFUSE ENTRY TO A PRODUCT WHICH
IS AVAILABLE AS AN ECONOMICAL RECYCLED WASTE OR USABLE HYPRODUCT
MATERIAL.
I WOULD APPRECIATE YOUR COMMENTS AND ADVICE ON HOW TO PROCEED WITH
THESE CHANGES.
THANK YOU FOR YOUR ATTENTION IN THIS MATTER.
UNIVERSAL GYPSUM COMPANY. INC., EDWARD J. HAMMER, PRESIDENT.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, ADDITIONAL STATEMENTS, SERIAL 96-H10
790319
GRANT FUNDING OF PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN NECESSARY CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM NO. 79-7
FUNDING OF SEWAGE-COLLECTION SYSTEM PROJECTS CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM 78-9 780303
771003 EPA POLICY ON LAND TREATMENT OF MUNICIPAL WASTEWATER
PART 001 OF 11
RANDOLPH J CHAIRMAN
MUSKIE E S CHAIRMAN
JORLING T C ASSISTANT ADMINISTRATOR FOR WATER WASTE MANAGEMENT
(WH-556)
RHETT J T DEPUTY ASSISTANT ADMINISTRATOR FOR WATER PROGRAM OPERATIONS
(WH-546)
96TH CONGRESS, FIRST SESSION U.S. SENATE COMMITTEE ON ENVIRONMENT AND
PUBLIC WORKS SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
U.S. E.P.A. WASHINGTON, DC 20460
113050
1045
HEARINGS
INTERNAL MEMORANDA
TRANSCRIPT
SENATE
TITLE PAGE OMITTED.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, ADDITIONAL STATEMENTS, SERIAL 96-H10
790319
GRANT FUNDING OF PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN NECESSARY CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM NO. 79-7
FUNDING OF SEWAGE-COLLECTION SYSTEM PROJECTS CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM 78-9 780303
771003 EPA POLICY ON LAND TREATMENT OF MUNICIPAL WASTEWATER
PART 002 OF 11
RANDOLPH J CHAIRMAN
MUSKIE E S CHAIRMAN
JORLING T C ASSISTANT ADMINISTRATOR FOR WATER WASTE MANAGEMENT
(WH-556)
RHETT J T DEPUTY ASSISTANT ADMINISTRATOR FOR WATER PROGRAM OPERATIONS
(WH-546)
96TH CONGRESS, FIRST SESSION U.S. SENATE COMMITTEE ON ENVIRONMENT AND
PUBLIC WORKS SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
U.S. E.P.A. WASHINGTON, DC 20460
113051
1045
HEARINGS
INTERNAL MEMORANDA
TRANSCRIPT
SENATE
EDMUND S. MUSKIE, MAINE
MIKE GRAVEL, ALASKA
LLOYD M. BENTSEN, TEXAS
QUENTIN N. BURDICK, NORTH DAKOTA
JOHN C. CULVER, IOWA
GARY HART, COLORADO
DANIEL PATRICK MOYNIHAN, NEW YORK
ROBERT T. STAFFORD, VERMONT
HOWARD H. BAKER, JR., TENNESSEE
PETE V. COMENICI, NEW MEXICO
JOHN H. CHAFEE, RHODE ISLAND
ALAN K. SIMPSON, WYOMING
LARRY PRESSLER, SOUTH DAKOTA
JOHN W. YAGO, JR., STAFF DIRECTOR
BAILEY GUARD, MINORITY STAFF DIRECTOR
LLOYD BENTSEN, TEXAS
QUENTIN N. BURDICK, NORTH DAKOTA
JOHN C. CULVER, IOWA
ROBERT T. STAFFORD, VERMONT
JOHN H. CHAFEE, RHODE ISLAND
ALAN K. SIMPSON, WYOMING
CONTENTS
TABLE OF CONTENTS OMITTED.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, ADDITIONAL STATEMENTS, SERIAL 96-H10
790319
GRANT FUNDING OF PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN NECESSARY CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM NO. 79-7
FUNDING OF SEWAGE-COLLECTION SYSTEM PROJECTS CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM 78-9 780303
771003 EPA POLICY ON LAND TREATMENT OF MUNICIPAL WASTEWATER
PART 003 OF 11
RANDOLPH J CHAIRMAN
MUSKIE E S CHAIRMAN
JORLING T C ASSISTANT ADMINISTRATOR FOR WATER WASTE MANAGEMENT
(WH-556)
RHETT J T DEPUTY ASSISTANT ADMINISTRATOR FOR WATER PROGRAM OPERATIONS
(WH-546)
96TH CONGRESS, FIRST SESSION U.S. SENATE COMMITTEE ON ENVIRONMENT AND
PUBLIC WORKS SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
U.S. E.P.A. WASHINGTON, DC 20460
113052
1045
HEARINGS
INTERNAL MEMORANDA
TRANSCRIPT
SENATE
SUBJECT: GRANT FUNDING OF PROJECTS REQUIRING TREATMENT MORE
STRINGENT THAN SECONDARY CONSTRUCTION GRANTS PROGRAM REQUIREMENTS
MEMORANDUM PRM NO. 79-7
FROM: THOMAS C. JORLING ASSISTANT ADMINISTRATOR FOR WATER AND WASTE
MANAGEMENT (WH-556)
TO: WATER DIVISION DIRECTORS, REGIONS I-X
MARCH 9 1979
13 PURPOSE
THIS MEMORANDUM SETS FORTH AGENCY POLICY AND PROCEDURES FOR
HEADQUARTERS AND REGIONAL REVIEW OF WASTE WATER TREATMENT PROJECGS
DESIGNED TO MEET EFFLUENT REQUIREMENTS MORE STRINGENT THAN SECONDARY
TREATMENT. IT ALSO GROUPS SUCH PROJECTS INTO TWO CATEGORIES -- ADVANCED
SECONDARY TREATMENT (AST) AND ADVANCED WASTE TREATMENT (AWT) AND DEFINES
THESE TERMS. IN ADDITION, THIS MEMORANDUM PROVIDES A STANDARD FOR
REVIEWING THE FINANCIAL IMPACT OF ADVANCED PROJECTS UPON SMALL
COMMUNITIES.
WE ANTICIPATE THAT THE REVIEW PROCESS WILL RESULT IN THE DEVELOPMENT
OF IMPROVED NATIONAL GUIDANCE ON WASTELOAD ALLOCATIONS AND THE WATER
QUALITY STANDARDS-SETTING PROCESS. THUS, THESE REVIEW REQUIREMENTS WILL
BE SUPPLEMENTED IN THE FUTURE BY SUCH GUIDANCE.
THE AGENCY HAS IN THE PAST EXPRESSED GROWING CONCERN WITH THE HIGH
COST AND ENERGY CONSUMPTION OF PUBLICLY-OWNED TREATMENT WORKS IN MANY
COMMUNITIES. THESE HIGH COSTS AND ENERGY DEMANDS ARE FREQUENTLY
ATTRIBUTABLE TO OPTIMISTIC PROJECTIONS OF ANTICIPATED GROWTH OR
SOPHISTICATED EXTRA UNIT PROCESSES. FUNDING FACILITIES WITH THESE
CONDITIONS WITH LIMITED GRANT FUNDS RESULTS IN FEWER PROJECTS BEING
FUNDED OVERALL, DELAY IN ACCOMPLISHING BASIC SECONDARY TREATMENT GOALS,
AND PARTICULARLY IN SMALLER COMMUNITIES, THE FINANCIAL BURDEN OF HIGH
OPERATION AND MAINTENANCE AS WELL AS CONSTRUCTION COSTS.
CONSEQUENTLY, THE AGENCY HAS TO TAKE A HARD LOOK AT THE NUMBER AND
TYPES OF PROJECTS THAT ARE PLANNED FOR TREATMENT MORE STRINGENT THAN
SECONDARY TO ACHIEVE THE CLEAN WATER ACT GOALS. REGIONS AND STATES ARE
REMINDED IN THIS CONNECTION OF THE CHECKLIST PROCEDURE FOR ALL STEP 2
AND STEP 3 PROJECTS THAT WAS INSTITUTED IN THE JUNE 8, 1978, JOINT MEMO
FROM RHETT/DAVIS. THE CHECKLIST PROCEDURE AND THE INDEPENDENT
JUSTIFICATION DESCRIBED IN THE FOLLOWING SECTIONS ARE MEANT TO
SUPPLEMENT, NOT REPLACE, THE REVIEW OF COST-EFFECTIVENESS AND
APPROPRIATENESS OF FACILITY DESIGN NORMALLY GIVEN TO PROJECTS.
IN ACTION APPROVING THE FY 79 APPROPRIATION FOR THE CONSTRUCTION
GRANTS PROGRAM, THE APPROPRIATIONS CONFERENCE COMMITTEE AGREED "THAT
GRANT FUNDS MAY BE USED FOR CONSTRUCTION OF NEW FACILITIES PROVIDING
TREATMENT GREATER THAN SECONDARY . . . ONLY IF THE INCREMENTAL COST OF
THE ADVANCED TREATMENT IS $1 MILLION OR LESS, OR IF THE ADMINISTRATOR
PERSONALLY DETERMINED THAT ADVANCED TREATMENT IS REQUIRED AND WILL
DEFINITELY RESULT IN SIFNIFICANT WATER QUALITY AND PUBLIC HEALTH
IMPROVEMENTS."
ALL ADVANCED PROJECTS WITH AN INCREMENTAL CAPITAL COST OVER $1
MILLION THAT ARE RECOMMENDED FOR FUNDING BY THE REGIONS OR STATES MUST
BE REVIEWED AT EPA HEADQUARTERS AFTER COMPLETION OF BASIC FACILITY PLAN
REVIEW AND COLLECTION OF SUPPLEMENTARY MATERIALS BY THE REGIONS OR
STATES. ALL OTHER PROJECTS MORE STRINGENT THAT SECONDARY BUT WITH AN
INCREMENTAL CAPITAL COST OF $1 MILLION OR LESS SHALL RECEIVE A
COMPARABLY INTENSIVE REVIEW AT THE REGIONAL/STATE LEVEL.
CLARIFICATION IS NEEDED FOR TERMINOLOGY USED IN REVIEW OF PROJECTS.
THE AGENCY HAS DEFINED SECONDARY TREATMENT AS A TREATMENT LEVEL MEETING
EFFLUENT LIMITATIONS FOR BIOCHEMICAL OXYGEN DEMAND (BOD) AND SUSPENDED
SOLIDS (SS) OF 30/30 ON A MAXIMUM MONTHLY AVERAGE BASIS OR 85 PERCENT
REMOVAL OF THESE PARAMETERS, WHICHEVER IS MORE STRINGENT. THE GROUP OF
PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN SECONDARY CAN BE
DIVIDED INTO TWO GROUPS: ADVANCED SECONDARY TREATMENT (AST) AND AWT.
TO ARRIVE AT THE ABOVE DISTINCTIONS THE AGENCY REVIEWED ABOUT 6,300
PROJECTS SHOWN IN THE 1978 NEEDS SURVEY AS REQUIRING TREATMENT MORE
STRINGENT THAN SECONDARY. OF THE 6,3000, 1,100 PROJECTS AS YET UNBUILT
WILL BE REQUIRED TO MEET VERY STRINGENT LEVELS OF TREATMENT OF BOD LESS
THAN 10 MG/1 AND/OR NITROGEN REMOVAL. ADDITIONAL ANALYSIS OF THE AGENCY
SHOWED DISTINCT COST INCREASES AND SHIFTS TO MORE SOPHISTICATED
TECHNOLOGY TO ACHIEVE THESE LEVELS. THEREFORE, THE POPULARIZED TERM
"AWT" SHOULD ONLY BE USED TO REFER TO TREATMENT LEVELS PROVIDING FOR
MAXIMUM MONTHLY AVERAGE BOD/SS LESS THAN 10 MG/1 AND/OR TOTAL NITROGEN
REMOVAL OF GREATER THAN 50 PERCENT. ("TOTAL NITROGEN REMOVAL" = TKN
PLUS NITRITE + NITRATE). THESE PROJECTS ARE SUBJECT TO ESPECIALLY
INTENSIVE REVIEW AND REQUIRE INDEPENDENT JUSTIFICATION. OTHER PROJECTS
REQUIRING TREATMENT MORE STRINGENT THAN SECONDARY BUT NOT TO AWT LEVELS
CAN BE REFERRED TO AS "ADVANCED SECONDARY TREATMENT." REVIEW PROCEDURES
FOR THESE PROJECTS ARE SOMEWHAT LESS RIGOROUS.
A TREATMENT FACILITY DESIGNED TO MEET EFFLUENT LIMITATIONS OF BOD/SS
30/30 OR 85 PERCENT REMOVAL WITH JUST DISINFECTION PROCESSES SHALL BE
CONSIDERED AS A SECONDARY RATHER THAN ADVANCED SECONDARY TREATMENT
FACILITY FOR PURPOSES OF THIS PRM. OTHER DEFINITIONS OF SECONDARY
TREATMENT (E.G., 25/30 OR 20/20) MAY BE USED IF INCLUDED IN APPROVED
STATE CRITERIA, IF SECONDARY TREATMENT TECHNOLOGIES WOULD BE USED TO
ACHIEVE THESE LEVELS, AND IF ANY EXTRA COSTS (TOTAL PRESENT WORTH)
BEYOND THOSE FOR MEETING 30/30 LIMITS WOULD BE A VERY SMALL PERCENTAGE
OF THE PRESENT WORTH COSTS OF THE TREATMENT FACILITY.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, ADDITIONAL STATEMENTS, SERIAL 96-H10
790319
GRANT FUNDING OF PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN NECESSARY CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM NO. 79-7
FUNDING OF SEWAGE-COLLECTION SYSTEM PROJECTS CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM 78-9 780303
771003 EPA POLICY ON LAND TREATMENT OF MUNICIPAL WASTEWATER
PART 004 OF 11
RANDOLPH J CHAIRMAN
MUSKIE E S CHAIRMAN
JORLING T C ASSISTANT ADMINISTRATOR FOR WATER WASTE MANAGEMENT
(WH-556)
RHETT J T DEPUTY ASSISTANT ADMINISTRATOR FOR WATER PROGRAM OPERATIONS
(WH-546)
96TH CONGRESS, FIRST SESSION U.S. SENATE COMMITTEE ON ENVIRONMENT AND
PUBLIC WORKS SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
U.S. E.P.A. WASHINGTON, DC 20460
113053
1045
HEARINGS
INTERNAL MEMORANDA
TRANSCRIPT
SENATE
SECONDARY TREATMENT FACILITIES WITH JUST PHOSPHORUS REMOVAL ADD-ONS
WITH A CAPITAL COST MORE THAN $1 MILLION AND DERIVED FROM THE
INTERNATIONAL AGREEMENT FOR THE GREAT LAKES BASIN SHALL BE CONSIDERED
ADVANCED SECONDARY, BUT NOT SUBJECT TO HEADQUARTERS REVIEW.
THE POLICY OF THE AGENCY IS TO ENCOURAGE LAND TREATMENT FACILITIES
AND OTHER ALTERNATIVE TECHNOLOGIES WHICH PROVIDE FOR REUSE OF WASTEWATER
OR RECYCLING OF NUTRIENTS AND OTHER POLLUTANTS. SUCH PROJECTS USUALLY
AFFORD WATER QUALITY ENHANCEMENT BEYOND THE MINIMUM ESTABLISHED IN
PERMITS, AND WATER MANAGEMENT BENEFITS AS WELL. ACCORDINGLY, WHERE LAND
TREATMENT OR OTHER REUSE/RECYCLING TECHNOLOGIES ARE DESIGNED TO MEET
EFFLUENT LIMITATIONS MORE STRINGENT THAN SECONDARY, THE PROCEDURES
HEREIN WOULD ALLOW SUCH PROJECTS TO PROCEED WITHOUT SPECIAL REVIEW
UNLESS THEIR COSTS WERE FOUND TO BE EXCESSIVE. EXCESSIVE COSTS ARE
DEFINED AS THOSE WHICH WOULD EXCEED THE HIGH COST CRITERIA PRESENTED IN
SECTION 3 OF THIS MEMORANDUM OR THE AVERAGE PRESENT WORTH COSTS OF AST
AND AWT PROJECTS (ROUGHLY ESTIMATED AT 25 PERCENT ABOVE SECONDARY FOR
THE FORMER CATEGORY AND 50 PERCENT FOR THE LATTER).
SOME AWT PROJECTS, PARTICULARLY THOSE FEATURING WASTE STABILIZATION
PONDS PLUS SAND FILTERS, MAY NOT COST MORE THAN AST PROJECTS. THUS, AWT
PROJECTS WITH A PRESENT WORTH COST NOT EXCEEDING THAT FOR SECONDARY
TREATMENT BY MORE THAN 25 PERCENT MAY BE REVIEWED UNDER PROCEDURES
ESTABLISHED HEREIN FOR AST PROJECTS.
THE COST OF TREATMENT -- SECONDARY AS WELL AS MORE STRINGENT THAN
SECONDARY -- CAN HAVE SEVERE LOCAL FISCAL IMPACTS. THE LATEST TITLE II
REGULATIONS GIVE MORE EMPHASIS TO ALTERNATIVE OR INDIVIDUAL SYSTEMS AND
REQUIRE A COST EFFECTIVENESS ANALYSIS THAT COULD RESULT IN LOWER PROJECT
COSTS, ESPECIALLY TO SMALL COMMUNITIES. THIS EMPHASIS, ALONG WITH
INCREASED REVIEW, SHOULD HELP ENSURE THAT PROJECTS WITH EXCESSIVE
CAPACITY FOR GROWTH OR UNNECESSARILY DESIGNED TO MEET EFFLUENT
REQUIREMENTS MORE STRINGENT THAN SECONDARY, WITH CAPITAL OR OPERATIONS
AND MAINTENANCE COSTS THAT MAY PLACE AN INTOLERABLE FINANCIAL BURDEN
UPON THE COMMUNITY, DO NOT RECEIVE GRANT FUNDS.
ADDITIONAL GUIDANCE ON COORDINATION OF REVIEWS OF ADVANCED TREATMENT
PROJECTS WITH THE INTERIM MUNICIPAL ENFORCEMENT POLYCY WILL BE DEVELOPED
IN CONJUNCTION WITH THE EPA OFFICE OF WATER ENFORCEMENT.
THE AGENCY WILL CONDUCT A RIGOROUS REVIEW OF PROJECTS DESIGNED FOR
TREATMENT MORE STRINGENT THAN SECONDARY. THE INCREMENTAL ADDITIONAL
CAPITAL COSTS OF A PROJECT THAT ARE ATRIBUTABLE TO EFFLUENT LIMITATIONS
OR WATER QUALITY REQUIREMENTS MORE STRINGENT THAN SECONDARY MUST BE
BASED ON A JUSTIFICATION SHOWING SIGNIFICANT RECEIVING WATER QUALITY
IMPROVEMENT AND MITIGATION OF PUBLIC HEALTH PROBLEMS WHERE THEY EXIST.
IN ADDITION, PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN SECONDARY
SHOULD BE EVALUATED FOR THEIR FINANCIAL IMPACT UPON THE COMMUNITY.
ALSO, THE INFLATIONARY COSTS FOR DELAY SHOULD BE CONSIDERED IN PROJECT
REVIEWS. THE REGIONS WILL REVIEW ALL SUCH PROJECTS. THEY WILL INVOLVE
A DECISION ON HOW TO PROCEED IN ACCORDANCE WITH THIS PRM FOR PROJECTS
HAVING INCREMENTAL COSTS BEYOND SECONDARY OF $1 MILLION OR LESS, AND FOR
OTHER PROJECTS EXPLICITLY DESIGNATED IN THIS PRM FOR FINAL REGIONAL
DECISION. HEADQUARTERS REVIEW AND DECISION ON HOW TO PROCEED WILL
FOLLOW PRELIMINARY REGIONAL REVIEW FOR THE REMAINING PROJECTS WITH
INCREMENTAL CAPITAL COSTS BEYOND SECONDARY GREATER THAN $1 MILLION.
FOR PROJECTS WITH AN INCREMENTAL COST OF $1 MILLION OR LESS, THE
REVIEW IS A DELEGABLE FUNCTION UNDER THE 205(G) DELEGATION AGREEMENTS.
FOR PROJECTS WITH AN INCREMENTAL COST OF GREATER THAN $1 MILLION, STATES
MAY DO THE INITIAL REVIEW BUT REGIONS MUST CONCUR WITH THE STATE'S
CONCLUSIONS BEFORE TRANSMITTING THE PROJECT TO HEADQUARTERS.
BEGINNING IN FY 1980, THE DELEGATION OF THAT GROUP OF PROJECT REVIEWS
NOW CONDUCTED BY HEADQUARTERS TO THOSE REGIONAL OFFICES DEMONSTRATING
CAPABILITY TO PERFORM SUCH REVIEWS WELL WILL BE CONSIDERED.
REVIEW OF THE PROJECTS SHOULD PROCEED AS OUTLINED BELOW:
PRELIMINARY STEPS IN THE REVIEW SHOULD BE 1) DETERMINATION OF THE
EXPLICIT EFFLUENT REQUIREMENTS FOR THE PROJECT AND IDENTIFICATION AS
SECONDARY, ADVANCED SECONDARY OR AWT, AND 2) DETERMINATION OF
INCREMENTAL CAPITAL COST OF ADVANCED TREATMENT AS MORE OR LESS THAN $1
MILLION.
IF A PROJECT IS IDENTIFIED AS HAVING TO MEET ADVANCED SECONDARY
TREATMENT STANDARDS (MORE STRINGENT THAN SECONDARY BUT NOT AWT), THE
CHECKLIST SHOULD BE USED TO REVIEW THE PROJECT.
FOR PROJECT APPROVAL, THE REVIEW MUST DETERMINE THAT:
1. SEASONAL OPERATION HAS BEEN EVALUATED;
2. THE LAND TREATMENT ALTERNATIVE HAS BEEN CONSIDERED;
3. THE ADVANCED SECONDARY PORTIONS OF THE PROJECT WILL DEFINITELY
RESULT IN SIGNIFICANT WATER QUALITY IMPROVEMENTS AND MITIGATION OF
PUBLIC HEALTH PROBLEMS WHERE THEY EXIST.
REVIEWS OF PROJECT COSTS AND LOCAL FINANCIAL IMPACTS MUST COMPLY WITH
SECTION 3. IF THE CHECKLIST REVIEW DEMONSTRATES THAT THE REQUIRED LEVEL
OF TREATMENT IS NOT WELL JUSTIFIED, FEDERAL FUNDING OF ALL OR PART OF
THE PROJECT SHOULD BE POSTPONED UNTIL THE PROJECT IS REDESIGNED (IF
NECESSARY) OR THE LEVEL OF TREATMENT IS FULLY JUSTIFIED.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, ADDITIONAL STATEMENTS, SERIAL 96-H10
790319
GRANT FUNDING OF PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN NECESSARY CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM NO. 79-7
FUNDING OF SEWAGE-COLLECTION SYSTEM PROJECTS CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM 78-9 780303
771003 EPA POLICY ON LAND TREATMENT OF MUNICIPAL WASTEWATER
PART 005 OF 11
RANDOLPH J CHAIRMAN
MUSKIE E S CHAIRMAN
JORLING T C ASSISTANT ADMINISTRATOR FOR WATER WASTE MANAGEMENT
(WH-556)
RHETT J T DEPUTY ASSISTANT ADMINISTRATOR FOR WATER PROGRAM OPERATIONS
(WH-546)
96TH CONGRESS, FIRST SESSION U.S. SENATE COMMITTEE ON ENVIRONMENT AND
PUBLIC WORKS SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
U.S. E.P.A. WASHINGTON, DC 20460
113054
1045
HEARINGS
INTERNAL MEMORANDA
TRANSCRIPT
SENATE
IF THE PROJECT INVOLVES LAND TREATMENT OR OTHER INNOVATIVE
ALTERNATIVE TECHNOLOGIES FEATURING WASTEWATER REUSE OR RECYCLING OF
POLLUTANTS, DOES NOT EXCEED THE HIGH COST CRITERION GIVEN IN SECTION 3
BELOW AND ITS INCREMENTAL PRESENT WORTH COST DOES NOT EXCEED 25 PERCENT
OF THE COST OF A NEW SECONDARY TREATMENT PLANT, THEN THE PROJECT SHOULD
PROCEED WITHOUT FURTHER REVIEW. IF THE PROJECT DOES EXCEED THE HIGH
COST OR PRESENT WORTH CRITERIA, THE PROCEDURES PRESCRIBED HEREIN FOR AST
PROJECTS SHALL APPLY.
A. INCREMENTAL COST OF AST IS $1 MILLION OR LESS.
REGIONS SHOULD FOLLOW THE CRITERIA AND PROCEDURES GIVEN AVBOVE. THE
DECISION WILL BE MADE AT THE REGIONAL LEVEL.
B. INCREMENTAL COST OF AST IS GREATER THAN $1 MILLION.
IF, AFTER THE ABOVE REVIEW, THE REGIONAL ADMINISTRATOR WANTS TO
PROCEED WITH FUNDING, THE PROJECT MUST RECEIVE CLEARANCE FROM THE
ADMINISTRATOR IN EPA HEADQUARTERS. THE FOLLOWING MATERIAL SHOULD BE
SENT TO THE ORRICE OF WATER PROGRAM OPERATIONS: ATTENTION MICHAEL B.
COOK, USEPA, FACILITY REQUIREMENTS DIVISION (WH595), 401 M STREET, S.W.,
WASHINGTON, D.C. 20460, TELEPHONE (202) 426-9404, FOR FINAL REVIEW AND
APPROVAL:
(1) FACILITY PLAN (DRAFT OR FINAL) INCLUDING SUPPORTING DOCUMENTATION
ON ALTERNATIVES CONSIDERED WITH REGION'S REVIEW AND COMMENTS;
(2) COMPLETED CHECKLIST WITH DETAILED ANSWERS TO SUPPLEMENT CHECKED
RESPONSES;
(3) REGION'S EVALUATION OF WATER QUALITY AND PUBLIC HEALTH BENEFITS
THAT WILL RESULT FROM ADVANCED SECONDARY TREATMENT BASED UPON DATA
SUBMITTED CONCERNING THE PROJECT;
(4) REGION'S EVALUATION OF SEASONAL OPERATION OF AST PORTION OF
PROJECT; AND
(5) THE MAJOR DOCUMENTS SUMMARIZING THE ESTABLISHMENT OF WATER
QUALITY STANDARDS AND EFFLUENT LIMITATIONS FOR THE PROJECT.
HEADQUARTERS HAS DEVELOPED PROCEDURES FOR THE INTERNAL REVIEW OF
ADVANCED SECONDARY PROJECTS WHICH RELY HEAVILY UPON REGIONAL/STATE
EVALUATIONS. ADVANCED SECONDARY PROJECTS WITHOUT COMPLEX ISSUES ARE
EXPECTED TO BE REVIEWED WITHIN 25 WORKING DAYS OF RECEIPT FO THE PROJECT
AT HEADQUARTERS.
REGIONS SHOULD ASSIST GRANTEES AND THE STATE IN DEVELOPING THE DATA
NEEDED FOR AN INDEPENDENT JUSTIFICATION OF AWT. THIS SHOULD INCLUDE AT
A MINIMUM:
(1) FACILITY PLAN (DRAFT OR FINAL) AND SUPPORTING DOCUMENTS,
PARTICULARLY ON ALTERNATIVES CONSIDERED WITH REGION'S REVIEW AND
COMMENTS.
(2) COMPLETED CHECKLIST WITH DETAILED ANSWERS TO SUPPLEMENT CHECKED
RESPONSES;
(3) REGION'S EVALUATION OF WATER QUALITY AND PUBLIC HEALTH BENEFITS
THAT WILL RESULT FROM BOTH SECONDARY TREATMENT AND THE ADDITIONAL
TREATMENT BEYOND SECONDARY BASED UPON DATA SUBMITTED FOR THE PROJECT;
(4) THE MAJOR DOCUMENTS SUMMARIZING THE ESTABLISHMENT OF WATER
QUALITY STANDARDS AND EFFLUENT LIMITATIONS FOR THE PROJECT;
(5) AN IDENTIFICATION AND REVIEW OF THE NEED FOR EACH PROPOSED UNIT
PROCESS INCLUDED IN THE PROPOSED TREATMENT FACILITY FOR MEETING THE
EFFLUENT LIMITATION IDENTIFIED IN ITEM 3. PARTICULAR ATTENTION SHOULD
BE GIVEN TO AN ASSESSMENT OF THE IMPACT ON BENEFICIAL USES OF DROPPING
ONE OR A FEW TREATMENTS PROCESSES AND THE COST SAVINGS ASSOCIATED WITH
DROPPING THESE PROVISIONS;
(6) A DETAILED REVIEW OF LAND TREATMENT AND SEASONAL OPERATION
ALTERNATIVES; AND
(7) IF THE ITEM 5 AND 6 REVIEW INDICATES A MORE COST-EFFECTIVE
OPTION, AN ESTIMATE FOR THE 20-YEAR PLANNING PERIOD OF THE CAPITAL,
OPERATION AND MAINTENANCE, AND TOTAL PRESENT WORTH COSTS OF THAT OPTION.
THE REVIEW OF AN AWT PROJECT MUST DETERMINE WHETHER THE PROJECT MEETS
ALL OF THE FOLLOWING CRITERIA:
(1) THE BENEFICIAL USES ESTABLISHED FOR THE RECEIVING WATER CAN BE
ATTAINED OR, IF NOT, LESSER USES CAN BE ACHIEVED WHEN THE EFFLUENT
LIMITS ARE MET, AND INDUSTRIAL SOURCES MEET THEIR PRETREATMENT AND
PERMIT CONDITIONS. WHERE BEST MANAGEMENT PRACTICES FOR NONPOINT SOURCE
CONTROL ARE REQUIRED TO ACHIEVE STANDARDS NOT NOW BEING ATTAINED, THESE
CONTROLS MUST BE IN PLACE OR PART OF A DRAFT OR AN EPA APPROVED WATER
QUALITY MANAGEMENT PLAN. THE DIFFERENCES MUST BE SIGNIFICANT BETWEEN
WATER QUALITY AND BENEFICIAL USES ATTAINED OR ENHANCED BY THE PROPOSED
PROJECT COMPARED WITH WATER QUALITY AND USES ATTAINABLE FROM THE PROJECT
WITH ONE OR A FEW TREATMENT PROCESSES BEYOND SECONDARY DROPPED AND WITH
LESS STRINGENT EFFLUENT LIMITATIONS REFLECTING THEIR OMISSION.
(2) STATE LAWS OR REQUIREMENTS OR CRITERIA WITHIN STATE WATER QUALITY
STANDARDS DO NOT EXCEED THE RED BOOK CRITERIA UNLESS FULLY JUSTIFIED AS
ESSENTIAL TO ACHIEVE AND SUSTAIN THE BENEFICIAL USES.
AN EXCEPTION TO THIS CRITERION MAY BE ALLOWED IF A PROJECT IS
NECESSARY TO PREVENT DEGRADATION OF THE FOLLOWING TYPES OF "NATIONAL
RESOURCES WATERS":
A. NATIONAL PARKS
B. NATIONAL WILDLIFE REFUGES
C. NATIONAL SEASHORES
D. NATIONAL MONUMENTS.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, ADDITIONAL STATEMENTS, SERIAL 96-H10
790319
GRANT FUNDING OF PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN NECESSARY CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM NO. 79-7
FUNDING OF SEWAGE-COLLECTION SYSTEM PROJECTS CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM 78-9 780303
771003 EPA POLICY ON LAND TREATMENT OF MUNICIPAL WASTEWATER
PART 006 OF 11
RANDOLPH J CHAIRMAN
MUSKIE E S CHAIRMAN
JORLING T C ASSISTANT ADMINISTRATOR FOR WATER WASTE MANAGEMENT
(WH-556)
RHETT J T DEPUTY ASSISTANT ADMINISTRATOR FOR WATER PROGRAM OPERATIONS
(WH-546)
96TH CONGRESS, FIRST SESSION U.S. SENATE COMMITTEE ON ENVIRONMENT AND
PUBLIC WORKS SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
U.S. E.P.A. WASHINGTON, DC 20460
113055
1045
HEARINGS
INTERNAL MEMORANDA
TRANSCRIPT
SENATE
E. NATIONAL MARINE SANCTUARIES
F. NATIONAL ESTUARINE SANCTUARIES
FUNDING NECESSARY TO PREVENT DEGRADATION OF OTHER WATERS OF NATIONAL,
RATHER THAN REGIONAL OR STATE, IMPORTANCE MAY BE ALLOWED ON A
CASE-BY-CASE BASIS IF BOTH THE FOLLOWING CONDITIONS ARE MET:
A. THE WATER IS OF TRULY NATIONAL, RATHER THAN REGIONAL OR STATE
IMPORTANCE.
B. FEDERAL LEGISLATION OR REGULATIONS ARE DIRECTED TOWARD PROTECTING
THE SPECIFIC BODY OF WATER FROM DEGRADATION.
(3) THE WASTELOAD ALLOCATIONS OR OTHER ANALYSES RESULTING IN THE
EFFLUENT LIMITATIONS, ALONG WITH THE ASSUMPTION ON WHICH THE ANALYSIS IS
BASED, ARE SCEINTIFICALLY SUPPORTED BY INTENSIVE WATER QUALITY SURVEYS
OR APPROPRIATE FIELD INVESTIGATIONS CONDUCTED ON THE WATER BODIES IN
QUESTION, AND CALIBRATED AND VERIFIED MODELS OR OTHER TECHNICALLY SOUND
ANALYSES.
(4) THE TREATMENT PROCESSES ARE THE MOST COST-EFFECTIVE MEANS OF
MEETING THE PRESCRIBED EFFLUENT LIMITATIONS.
(5) THE COMMUNITY IS AWARE OF THE PROJECT'S COSTS FOR TREATMENT AND
RESERVE CAPACITY. COST INFORMATION ON TOTAL CAPITAL COSTS, LOCAL
FINANCING, AND ANNUAL OR MONTHLY OPERATING AND DEBT SERVICE COSTS SHOULD
BE PRESENTED AT A PUBLIC HEARING AS REQUIRED IN PRM 76-3. REVIEW OF
PROJECT COSTS AND LOCAL FINANCIAL IMPACTS MUST COMPLY WITH SECTION 3.
(6) LAND TREATMENT HAS BEEN FULLY EVALUATED.
IF THE ABOVE CONDITIONS ARE NOT MET, EITHER THE ENTIRE PROJECT OR ITS
AWT ELEMENTS (IF THEY CAN BE SEPARATED OUT) SHOULD NOT BE FUNDED PENDING
FURTHER ACTION.
FEDERAL FUNDING OF ALL OR THE UNJUSTIFIED PART OF THE PROJECT SHOULD
BE POSTPONED UNTIL THE PROJECT (IF NECESSARY) IS REDESIGNED OR THE LEVEL
OF TREATMENT IS FULLY JUSTIFIED. THE ADVANCED WASTEWATER TREATMENT
INCREMENT OF THE PROJECT THAT IS NOT JUSTIFIED SHOULD NOT BE FUNDED
UNLESS AND UNTIL THE PROJECT WILL RESULT IN SIGNIFICANT WATER QUALITY
AND PUBLIC HEALTH IMPROVEMENTS.
SHOULD THE REVIEW SHOW THAT AWT CANNOT BE JUSTIFIED, BUT THAT SOME
TREATMENT GREATER THAN SECONDARY CAN BE JUSTIFIED UNDER THE RULES FOR
REVIEW OF AST PROJECTS, THEN THE JUSITFIED PORTION SHOULD BE FUNDED.
THE PROJECT SHOULD BE SEGMENTED TO PERMIT FUNDING OF THE JUSTIFIED
PORTION AND THAT SECTION SHOULD BE DESIGNED, IF PRACTICABLE, TO ALLOW
ADDITION OF THE OTHER SEGMENT AT A LATER DATE AFTER FURTHER ANALYSES.
PROJECTS MAY BE EXCEPTED FROM THE AWT REVIEW PROCEDURES UNDER THE
FOLLOWING CIRCUMSTANCES:
(1) PROJECT FEATURES LAND TREATMENT OR OTHER INNOVATIVE ALTERNATIVE
TECHNOLOGIES AFFORDING WASTEWATER REUSE OR RECYCLING OF POLLUTANTS WHERE
THE PROJECT'S COST WOULD NOT EXCEED THE HIGH COST CRITERION DESCRIBED IN
SECTION 3. ALSO, THE INCREMENTAL PRESENT WORTH COST OF SUCH A PROJECT
MUST NOT EXCEED 50 PERCENT OF THE PRESENT WORTH COST OF A NEW SECONDARY
TREATMENT PROJECT. IF THESE CRITERIA ARE MET, THE PROJECT MAY PROCEED
WITHOUT FURTHER REVIEW.
(2) THE AWT PROJECT'S INCREMENTAL PRESENT WORTH COST DOES NOT EXCEED
25 PERCENT OF THE PRESENT WORTH COST OF A NEW SECONDARY TREATMENT
FACILITY. PROJECT REVIEW MUST, NEVERTHELESS, CONFORM WITH AST REVIEW
PROCEDURES.
A. INCREMENTAL COST OF AWT IS $1 MILLION OR LESS. REGIONS SHOULD
FOLLOW THE CRITERIA AND PROCEDURES GIVEN ABOVE. THE DECISION WILL BE
MADE AT THE REGIONAL LEVEL.
B. INCREMENTAL CAPITAL COST OF AWT IS GREATER THAN $1 MILLION.
IF THE REGIONAL ADMINISTRATOR IS SATISFIED THAT THE PROJECT MEETS ALL
OF THE REQUIRED CRITERIA AND WANTS TO PROCEED WITH FUNDING, THE PROJECT
MUST RECEIVE CLEARNACE FROM THE ADMINSTRATOR IN EPA HEADQUARTERS. THE
REGION SHALL FURNISH A REPORT COVERING ALL OF THE CRITERIA LISTED IN
SECTION 2 AND FORWARD EACH OF THE DOCUMENTS LISTED IN SECTION 2 TO THE
OFFICE OF WATER PROGRAM OPERATIONS: ATTENTION MICHAEL B. COOK,
DIRECTOR, FACILITY REQUIREMENTS DIVISION ( WH 595), UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY, 401 M STREET, S.W., WASHINGTON, D.C.
20460, TELEPHONE (202) 426-9404, AS SOON AS POSSIBLE AFTER THE NEED FOR
HEADQUARTERS REVIEW IS IDENTIFIED.
HEADQUARTERS HAS DEVELOPED INTERNAL PROCEDURES FOR A TASK FORCE
REWVIEW OF COMPLEX AST AND AWT PROJECTS THAT WILL REVIEW THE MAJOR
ISSUES AND QUESTIONS INTENSIVELY BASED UPON THE MATERIAL SENT IN BY
REGIONS AND STATES. DECISIONS WILL BE MADE ON THE BASIS OF THE CRITERIA
OUTLINED ABOVE. IT IS PLANNED FOR THE ADMINISTRATOR'S DECISION ON THE
PROJECT TO BE MADE WITHIN 45 TO 60 WORKING DAYS OF RECEIPT OF THE
PROJECT AT HEADQUARTERS. THIS DECISIONS WILL BE COMMUNICATED TO THE
REGIONS.
3. LOCAL FINANCIAL IMPACTS
ALL PROJECTS DESIGNED TO ACHIEVE TREATMENT MORE STRINGENT THAN
SECONDARY MUST BE EVALUATED IN TERMS OF FINANCIAL IMPACT UPON THE
COMMUNITY. THIS EVALUATION SHOULD SUPPLEMENT THE DISPLAY AND DISCLOSURE
OF FINANCIAL INFORMATION AND LOCAL COSTS REQUIRED OF ALL FACILITY PLANS
AND DESCRIBED IN PRM 76-3. TOTAL ANNUAL COSTS TO A TYPICAL DOMESTIC
USER COMPRISE BOTH THE EXISTING PREPROJECT COSTS AND THE INCREASE
ATTRIBUTABLE TO THE PROPOSED NEW FACILITIES.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, ADDITIONAL STATEMENTS, SERIAL 96-H10
790319
GRANT FUNDING OF PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN NECESSARY CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM NO. 79-7
FUNDING OF SEWAGE-COLLECTION SYSTEM PROJECTS CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM 78-9 780303
771003 EPA POLICY ON LAND TREATMENT OF MUNICIPAL WASTEWATER
PART 007 OF 11
RANDOLPH J CHAIRMAN
MUSKIE E S CHAIRMAN
JORLING T C ASSISTANT ADMINISTRATOR FOR WATER WASTE MANAGEMENT
(WH-556)
RHETT J T DEPUTY ASSISTANT ADMINISTRATOR FOR WATER PROGRAM OPERATIONS
(WH-546)
96TH CONGRESS, FIRST SESSION U.S. SENATE COMMITTEE ON ENVIRONMENT AND
PUBLIC WORKS SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
U.S. E.P.A. WASHINGTON, DC 20460
113056
1045
HEARINGS
INTERNAL MEMORANDA
TRANSCRIPT
SENATE
A PROJECT SHALL BE CONSIDERED HIGH-COST WHEN THE TOTAL AVERAGE ANNUAL
COST (DEBT SERVICE, OPERATION AND MAINTENANCE, CONNECTION COSTS) TO A
DOMESTIC USER EXCEEDS THE FOLLOWING PERCENTAGE OF MEDIAN HOUSEHOLD
INCOMES:
1.50 PERCENT WHEN THE MEDIAN INCOME IS UNDER $6,000
2.00 PERCENT WHEN THE MEDIAN INCOME IS $6,000 - $10,000
2.50 PERCENT WHEN THE MEDIAN INCOME IS OVER $10,000
IF THE REVIEW SHOWS THAT A PROJECT IS HIGH COST, TRY TO DETERMINE
WHICH ELEMENTS OF THE PROJECT ARE RESPONSIBLE. DETERMINE WHETHER IT IS
THE TREATMENT PROCESSES SELECTED, EXCESSIVE RESERVE CAPACITY, NEW SEWER
CONSTRUCTION, OR OTHER FACTORS IN THE PHYSICAL SETTING THAT MAY CAUSE
EXCESSIVE COSTS IN EITHER CONSTRUCTION OR OPERATION OF THE FACILITY.
WORK WITH THE GRANTEE AND THE STATE TO REVISE THE FACILITY PLAN OR
REDESIGN THE PROJECT TO REDUCE THE COSTS, OR OBTAIN ASSISTANCE FROM THE
FARMER'S HOME ADMINISTRATION (FMHA) OR ANOTHER SOURCE WITH THE LOCAL
SHARE. THERE IS AGREEMENT BETWEEN FMHA, EPA AND ECONOMIC DEVELOPMENT
ADMINISTRATION FOR ALL TO USE THE ABOVE RULE OF THUMB IN REVIEW OF
PROJECTS. REGIONS SHOULD PROCEED WITH A PROJECT DETERMINED TO BE HIGH
COST UNDER THESE CRITERIA ONLY AFTER CONSULTING WITH THE FACILITY
REQUIREMENTS DIVISION IN HEADQUARTERS.
THIS POLICY SHALL BE IMPLEMENTED IMMEDIATELY AS FOLLOWS. REGIONS
SHALL ADVISE STATES OF THE POLICY OF STRICT REVIEW IN THE REGIONS AND
HEADQUARTERS OF TREATMENT MORE STRINGENT THAN SECONDARY (ADVANCED
SECONDARY AND AWT). THEY SHOULD ALSO BE ADVISED OF THE AGENCY'S POLICY
NOT TO FUND SUCH PROJECTS IF NOT JUSTIFIED. THE POLICY SHOULD BE
APPLIED TO ALL PROJECTS PREPARED FOR STEP 2 OR 3 FUNDING.
MARCH 3, 1978
CONSTRUCTION GRANTS
PROGRAM REQUIREMENTS MEMORANDUM
PRM NO. 78-9
SUBJECT: FUNDING OF SEWAGE COLLECTION SYSTEM PROJECTS
FROM: JOHN T. RHETT, DEPUTY ASSISTANT ADMINISTRATOR FOR WATER
PROGRAM OPERATIONS (WH-546)
TO: REGIONAL ADMINISTRATORS ATTN: WATER DIVISION DIRECTORS
THIS MEMORANDUM SUPERSEDES PROGRAM REQUIREMENTS MEMORANDUM (PRM) NO.
77-8, ON CONSTRUCTION GRANT FUNDING OF SEWAGE COLLECTION SYSTEM PROJECTS
AND AMENDS THAT POLICY IN ACCORDANCE WITH P.L. 95-217. THIS MEMORANDUM
SETS FORTH GUIDANCE FOR RIGOROUS REVIEW OF GRANT APPLICATIONS TO ENSURE
THAT PROPOSED PROJECTS MEET THE ESTABLISHED REQUIREMENTS OF BOTH P.L.
92-500 AND P.L. 95-217, THE CONSTRUCTION GRANT REGULATIONS.
SEWAGE COLLECTION SYSTEM PROJECTS MAY BE GRANT ELIGIBLE PROJECTS
UNDER P.L. 92-500 (THE ACT). ELIGIBILITY IS LIMITED, HOWEVER, BY
SECTION 211 OF THE ACT WHICH PROVIDES FOR FUNDING OF COLLECTION SYSTEMS
ONLY (1) FOR THE REPLACEMENT OR MAJOR REHABILITATION OF AN EXISTING
COLLECTION SYSTEM OR (2) FOR NEW COLLECTION SYSTEMS IN EXISTING
COMMUNITIES.
SEWAGE COLLECTION SYSTEMS ARE DEFINED IN 40 CFR SECTION 35.905-19 AS:
FOR THE PURPOSE OF SECTION 35.925-13, EACH, AND ALL, OF THE COMMON
LATERAL SEWERS, WITHIN A PUBLICLY-OWNED TREATMENT SYSTEM, WHICH ARE
PRIMARILY INSTALLED TO RECEIVE WASTEWATERS DIRECTLY FROM FACILITIES
WHICH CONVEY WASTEWATER FROM INDIVIDUAL STRUCTURES OR FROM PRIVATE
PROPERTY, AND WHICH INCLUDE SERVICE CONNECTION "Y" FITTINGS DESIGNED FOR
CONNECTION WITH THOSE FACILITIES. THE FACILITIES WHICH CONVEY
WASTEWATER FROM INDIVIDUAL STRUCTURES OR FROM PRIVATE PROPERTY TO THE
PUBLIC LATERAL SEWER, OR ITS EQUIVALENT, ARE SPECIFICALLY EXCLUDED FROM
THE DEFINITION WITH THE EXCEPTION OF JUMPING UNITS, AND PRESSURIZED
LINES, FOR INDIVIDUAL STRUCTURES OR GROUPS OF STRUCTURES WHEN SUCH UNITS
ARE COST-EFFECTIVE AND ARE OWNED AND MAINTAINED BY THE GRANTEE.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, ADDITIONAL STATEMENTS, SERIAL 96-H10
790319
GRANT FUNDING OF PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN NECESSARY CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM NO. 79-7
FUNDING OF SEWAGE-COLLECTION SYSTEM PROJECTS CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM 78-9 780303
771003 EPA POLICY ON LAND TREATMENT OF MUNICIPAL WASTEWATER
PART 008 OF 11
RANDOLPH J CHAIRMAN
MUSKIE E S CHAIRMAN
JORLING T C ASSISTANT ADMINISTRATOR FOR WATER WASTE MANAGEMENT
(WH-556)
RHETT J T DEPUTY ASSISTANT ADMINISTRATOR FOR WATER PROGRAM OPERATIONS
(WH-546)
96TH CONGRESS, FIRST SESSION U.S. SENATE COMMITTEE ON ENVIRONMENT AND
PUBLIC WORKS SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
U.S. E.P.A. WASHINGTON, DC 20460
113057
1045
HEARINGS
INTERNAL MEMORANDA
TRANSCRIPT
SENATE
THE ELIGIBILITY OF SEWAGE COLLECTION SYSTEM PROJECTS IS FURTHER
DEFINED IN 40 CFR SECTION 35.925-13, WHICH READS:
THAT, IF THE PROJECT IS FOR, OR INCLUDES, SEWAGE COLLECTION SYSTEM
WORK, SUCH WORK (A) IS FOR REPLACEMENT OR MAJOR REHABILITATION OF AN
EXISTING SEWER SYSTEM PURSUANT TO SECTION 35.927-3(A) AND IS NECESSARY
TO THE TOTAL INTEGRITY AND PERFORMANCE OF THE WASTE TREATMENT WORKS
SERVICING SUCH COMMUNITY, OR (B) IS FOR A NEW SEWER SYSTEM IN A
COMMUNITY IN EXISTENCE ON OCTOBER 18, 1972, WITH SUFFICIENT EXISTING OR
PLANNED CAPACITY TO ADEQUATELY TREAT SUCH COLLECTED SEWAGE. REPLACEMENT
OR MAJOR REHABILITATION OF AN EXISTING SEWER SYSTEM MAY BE APPROVED ONLY
IF COST-EFFECTIVE AND MUST RESULT IN A SEWER SYSTEM DESIGN CAPACITY
EQUIVALENT ONLY TO THAT OF THE EXISTING SYSTEM PLUS A REASONABLE AMOUNT
FOR FUTURE GROWTH. A COMMUNITY, FOR PURPOSES OF THIS SECTION, WOULD
INCLUDE ANY AREA WITH SUBSTANTIAL HUMAN HABITATION ON OCTOBER 18, 1972.
NO AWARD MAY BE MADE FOR A NEW SEWER SYSTEM IN A COMMUNITY IN EXISTENCE
ON OCTOBER 18, 1972, UNLESS IT IS FURTHER DETERMINED BYTHE REGIONAL
ADMINISTRATOR THAT THE BULK (GENERALLY TWO-THIRDS) OF THE FLOW DESIGN
CAPACITY THROUGH THE SEWER SYSTEM WILL BE FOR WASTE WATERS ORIGINATING
FROM THE COMMUNITY (HABITATION) IN EXISTENCE ON OCTOBER 18. 1972.
THE ABOVE SECTIONS OF THE EPA REGULATIONS IMPLEMENT SECTION 211 OF
P.L. 92-500.
SECTION 36 OF P.L. 95-217 AMENDS SECTION 211 OF P.L. 92-500 TO
PRECLUDE USE OF THE POPULATION DENSITY CRITERION IN PRM 77-3 AS A TEST
OF GRANT ELIGIBILITY FOR COLLECTOR SEWER PROJECTS BUT PERMITS USE OF THE
CRITERION FOR EVALUATING ALTERNATIVES. A ONE HOUSEHOLD PER TWO ACRE
DENSITY CRITERION MAY BE USED ONLY FOR IDENTIFYING LESS CLOSELY
POPULATED AREAS WHERE INDIVIDUAL OR OTHER SMALL WASTEWATER TREATMENT
SYSTEMS ARE LIKELY TO BE MORE COST-EFFECTIVE THAN COLLECTOR SEWERS AND
THUS MUST BE EVALUATED IN DETAIL IF COLLECTOR SEWERS ARE PROPOSED FOR
SUCH AREAS. SUCH USE OF THE POPULATION DENSITY CRITERION SHOULD ASSIST
WITH AND SIMPLIFY THE COST EFFECTIVENESS ANALYSIS FOR COLLECTOR SEWER
PROJECTS.
ALL TREATMENT WORKS FUNDED UNDER THE CONSTRUCTION GRANTS PROGRAM MUST
BE COST-EFFECTIVE TO COMPLY WITH THE REQUIREMENTS OF THE ACTS.
TREATMENT WORKS ARE DEFINED IN SECTION 212 TO INCLUDE SEWAGE COLLECTION
SYSTEMS. EPA COST EFFECTIVENESS REQUIREMENTS ARE FOUND IN 40 CFR
SECTION 35.925 AND IN APPENDIX A TO 40 CFR, PART 35.
PUBLIC DISCLOSURE OF COSTS IS A FUNDAMENTAL PREREQUISITE FOR ALL
GRANTS PROJECTS, INCLUDING COLLECTION SYSTEMS. PROGRAM REQUIREMENTS
MEMORANDUM 76-3, "PRESENTATION OF LOCAL GOVERNMENT COSTS OF WASTEWATER
TREATMENT WORKS IN FACILITY PLANS," AUGUST 16, 1976, REQUIRED THAT COST
INFORMATION BE PRESENTED AT ALL PUBLIC HEARINGS HELD ON FACILITY PLANS
AFTER JANUARY 2, 1977. HOWEVER, PUBLIC HEARINGS, WERE HELD ON MANY
COLLECTION SYSTEM PROJECTS PRIOR TO THIS DATE. SPECIAL MEASURES ARE
NECESSARY TO ENSURE THE PUBLIC IS AWARE OF THE COST IMPLICATIONS OF
COLLECTION SYSTEMS PRIOR TO THEIR APPROVAL.
THE FOLLOWING POLICY IS TO BE FOLLOWED IN PREPARING FUTURE GRANT
APPLICATIONS FOR COLLECTION SYSTEM PROJECTS. THIS POLICY SUPPLEMENTS
ALL EXISTING AGENCY REGULATIONS AND POLICY STATEMENTS. IT PROVIDES
GUIDANCE FOR MORE RIGOROUS REVIEW OF GRANT APPLICATIONS TO ENSURE THAT
PROPOSED PROJECTS MEET THE ESTABLISHED REQUIREMENTS OF THE LAW AND
REGULATIONS. COMPLIANCE WITH THIS POLICY WILL HELP TO ASSURE THAT ONLY
GRANT ELIGIBLE AND COST-EFFECTIVE COLLECTION SYSTEM PROJECTS ARE FUNDED
BY EPA.
EPA POLICY ON THE FUNDING OF SEWAGE COLLECTION SYSTEMS IS AS FOLLOWS:
A. SUBSTANTIAL HUMAN HABITATION
NEW COLLECTOR SEWER PROJECTS ARE ELIGIBLE FOR FUNDING ONLY IN A
COMMUNITY IN EXISTENCE ON OCTOBER 18, 1972, WITH SUFFICIENT EXISTING OR
PLANNED CAPACITY TO ADEQUATELY TREAT SUCH COLLECTED SEWAGE. A COMMUNITY
QUALIFYING FOR FEDERAL GRANT ASSISTANCE TO CONSTRUCT A COLLECTOR SEWER
SYSTEM MAY BE A GEOGRAPHIC OR JURISDICTIONAL AREA THAT IS SMALLER THAN
THE JURISDICTION OF THE MUNICIPALITY APPLYING FOR THE TREATMENT FACILITY
GRANT. THE TITLE II REGULATION STATES IN SECTION 35.925-13 THAT A
COMMUNITY WOULD INCLUDE ANY AREA WITH SUBSTANTIAL HUMAN HABITATION ON
OCTOBER 18, 1972. THE BULK (GENERALLY TWO-THIRDS) OF THE FLOW DESIGN
CAPACITY THROUGH THE SEWER SYSTEM IS TO BE FOR WASTEWATERS ORIGINATING
FROM THE HABITATION EXISTING ON OCTOBER 18, 1972.
THE AGENCY POLICY IS THAT AREAS TO BE SERVED BY NEW COLLECTOR SEWER
PROJECTS MUST MEET THE REQUIREMENT FOR "SUBSTANTIAL HUMAN HABITATION."
HABITATION EXISTING AS OF OCTOBER 18, 1972, SHOULD BE EVALUATED BLOCK BY
BLOCK OR, WHERE TYPICAL CITY BLOCKS DO NOT EXIST, BY AREAS OF FIVE ACRES
OR LESS TO DETERMINE IF IT IS SUBSTANTIAL. COLLECTOR PIPES DESIGNED
PRIMARILY TO SERVE BLOCKS OR FIVE ACRE AREAS WITHOUT SUBSTANTIAL HUMAN
HABITATION AS OF OCTOBER 18, 1972, WOULD NOT BE ELIGIBLE FOR GRANT
ASSISTANCE.
B. COST-EFFECTIVENESS
NEW COLLECTOR SEWERS MUST BE PROVEN IN THE FACILITY PLAN TO BE
NECESSARY AND COST-EFFECTIVE IN ADDITION TO BEING ELIGIBLE UNDER THE
"SUBSTANTIAL HUMAN HABITATION" AND THE TWO-THIRDS RULE REQUIREMENTS.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, ADDITIONAL STATEMENTS, SERIAL 96-H10
790319
GRANT FUNDING OF PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN NECESSARY CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM NO. 79-7
FUNDING OF SEWAGE-COLLECTION SYSTEM PROJECTS CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM 78-9 780303
771003 EPA POLICY ON LAND TREATMENT OF MUNICIPAL WASTEWATER
PART 009 OF 11
RANDOLPH J CHAIRMAN
MUSKIE E S CHAIRMAN
JORLING T C ASSISTANT ADMINISTRATOR FOR WATER WASTE MANAGEMENT
(WH-556)
RHETT J T DEPUTY ASSISTANT ADMINISTRATOR FOR WATER PROGRAM OPERATIONS
(WH-546)
96TH CONGRESS, FIRST SESSION U.S. SENATE COMMITTEE ON ENVIRONMENT AND
PUBLIC WORKS SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
U.S. E.P.A. WASHINGTON, DC 20460
113058
1045
HEARINGS
INTERNAL MEMORANDA
TRANSCRIPT
SENATE
NEW COLLECTOR SEWERS SHOULD BE FUNDED ONLY WHEN THE SYSTEMS IN USE
(E.G., SEPTIC TANKS OR RAW DISCHARGES FROM HOMES) FOR DISPOSAL OF WASTES
FROM THE EXISTING POPULATION ARE CREATING A PUBLIC HEALTH PROBLEM,
CONTAMINATING GROUNDWATER, OR VIOLATING THE POINT SOURCE DISCHARGE
REQUIREMENTS OF THE ACT. SPECIFIC DOCUMENTATION OF THE NATURE AND
EXTENT OF HEALTH, GROUNDWATER AND DISCHARGE PROBLEMS MUST BE PROVIDED IN
THE FACILITY PLAN. WHERE SITE CHARACTERISTICS ARE CONSIDERED TO
RESTRICT THE USE OF ON-SITE SYSTEMS, SUCH CHARACTERISTICS (E.G.,
GROUNDWATER LEVELS, SOIL PERMEABILITY, TOPOGRAPHY, GEOLOGY, ETC.) MUST
BE DOCUMENTED BY SOIL MAPS, HISTORICAL DATA AND OTHER PERTINENT
INFORMATION.
THE FACILITY PLAN MUST ALSO DOCUMENT THE NATURE, NUMBER AND LOCATION
OF EXISTING DISPOSAL SYSTEMS (E.G. SEPTIC TANKS) WHICH ARE
MANLFUNCTIONING. A COMMUNITY SURVEY OF INDIVIDUAL DISPOSAL SYSTEMS IS
RECOMMENDED FOR THIS PURPOSE, AND IS GRANT ELIGIBLE.
WHERE THE POPULATION DENSITY WITHIN THE COLLECTION SYSTEM AREA IS
LESS THAN 1.7 PERSONS PER ACRE (ONE HOUSEHOLD PER TWO ACRES), COLLECTOR
SEWER PROJECTS SHALL BE CONSIDERED NON-COST-EFFECTIVE UNLESS A SEVERE
POLLUTION OR PUBLIC HEALTH PROBLEM IS SPECIFICALLY DOCUMENTED AND
COLLECTOR SEWERS ARE SHOWN TO BE CLEARLY LESS COSTLY THAN ANY OF THE
ALTERNATIVES FOR SPARSELY POPULATED AREAS AS CITED BELOW.
IN ADDITION, THE FACILITY PLAN MUST DEMONSTRATE, WHERE POPULATION
DENSITY IS LESS THAN TEN PERSONS PER ACRE, THAT ALTERNATIVES ARE LESS
COST-EFFECTIVE THAN NEW GRAVITY COLLECTOR SEWER CONSTRUCTION AND
CENTRALIZED TREATMENT. SUCH ALTERNATIVES ARE CITED IN THE PREVIOUS
ADMINISTRATOR'S MEMORANDUM OF DECEMBER 30, 1976, SUBJECT: "ENCOURAGING
LESS COSTLY WASTEWATER FACILITIES FOR SMALL COMMUNITIES."
THE ALTERNATIVES TO BE EVALUATED INCLUDE THE FOLLOWING:
-- MEASURES TO IMPROVE OPERATION AND MAINTENANCE OF EXISTING SEPTIC
TANKS, INCLUDING MORE FREQUENT INSPECTIONS, TIMELY PUMPOUTS AND
PROHIBITION OF GARBAGE GRINDERS.
-- NEW SEPTIC TANKS.
-- HOLDING TANKS AND "HONEY WAGONS."
-- VARIOUS MEANS OF UPGRADING SEPTIC TANKS INCLUDING MOUNDS,
ALTERNATE LEACHING FIELDS AND PRESSURE SEWERS PLUS PONDS OR OTHER SMALL
TREATMENT FACILITIES.
-- OTHER SYSTEMS TO SERVE INDIVIDUAL HOUSEHOLDS OR A CLUSTER OF
HOUSEHOLDS. SUCH SYSTEMS INCLUDE, FOR EXAMPLE, WASTEWATER SEPARATION,
WATER CONSERVATION AND RECYCLE SYSTEMS WHERE FEASIBLE.
THE FACILITY PLAN, WHERE APPLICABLE, MUST EXAMINE ALTERNATIVES SUCH
AS LIMITED SEWER SERVICE FOR A PORTION OF A COMMUNITY. FOR EXAMPLE,
SEPTIC SYSTEMS WORK VERY WELL IN MANY SMALL TOWNS EXCEPT IN ONE IOSLATED
AREA SUCH AS A BUSINESS DISTRICT WHERE OPEN SPACE FOR ADEQUATE ON-SITE
DISPOSAL IS NOT AVAILABLE.
THE COLLECTION SYSTEM SHALL NOT AFFORD CAPACITY FOR NEW HABITATIONS
OR OTHER ESTABLISHMENTS TO BE LOCATED ON ENVIRONMENTALLY SENSITIVE LANDS
SUCH AS WETLANDS, FLOODPLAINS OR PRIME AGRICULTURAL LANDS. MOREOVER,
THE PROPOSED COLLECTION SYSTEM MUST CONFORM WITH APPROVED 208-PLANS AND
AIR QUALITY PLANS, EXECUTIVE ORDERS ON WETLANDS AND FLOODPLAINS AND
AGENCY POLICY ON WETLANDS.
ALL PROJECTS, INCLUDING COLLECTION SYSTEMS, ON WHICH PUBLIC HEARINGS
WERE HELD AFTER JANUARY 2, 1977, MUST COMPLY FULLY WITH THE REQUIREMENTS
OF PROGRAM REQUIREMENTS MEMORANDUM 76-3 PRIOR TO APPROVAL.
AGENCY POLICY IS TO ENSURE PUBLIC DISCLOSURE OF THE COSTS OF ANY
COLLECTION SYSTEM PROJECTS WHERE A PUBLIC HEARING WAS HELD ON OR BEFORE
JANUARY 2, 1977. SUCH DISCLOSURES SHALL TAKE THE FORM OF A PROMINENTLY
PUBLISHED NOTICE IN A LOCAL NEWSPAPER,AD THE COST IS GRANT ELIGIBLE.
THE NOTICE SHALL INCLUDE THE ESTIMATED MONTHLY CHARGE FOR OPERATION
AND MAINTENANCE, THE ESTIMATED MONTHLY DEBT SERVICE CHARGE, THE
ESTIMATED CONNECTION CHARGE AND THE TOTAL MONTHLY CHARGE TO A TYPICAL
RESIDENTIAL CUSTOMER FOR THE NEW COLLECTION SYSTEM BEING FUNDED AND ANY
OTHER ASSOCIATED WASTEWATER FACILITIES REQUIRED. SUCH ASSOCIATED
FACILITIES WOULD INCLUDE NEW TREATMENT CAPACITY NEEDED TO HANDLE THE
FLOWS FROM THE NEW COLLECTION SYSTEM.
THE CHARGES MAY ONLY BE ROUGH ESTIMATES, AND MAY BE PRESENTED AS A
RANGE OF POSSIBLE COSTS WHEN MAJOR UNKNOWNS EXIST, SUCH AS WHETHER OR
NOT SUBSTANTIAL PARTS OF THE PROJECT ARE GRANT ELIGIBLE.
THE STATES ARE TO BE ADVISED OF THE ISSUANCE OF THIS AMENDED POLICY
AT ONCE. ALL PENDING AND FUTURE GRANT APPLICATIONS FOR COLLECTION
SYSTEM PROJECTS OR PROJECTS CONTAINING COLLECTION SYSTEMS ARE TO BE
REVIEWED FOR COMPLIANCE WITH THIS POLICY.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, ADDITIONAL STATEMENTS, SERIAL 96-H10
790319
GRANT FUNDING OF PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN NECESSARY CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM NO. 79-7
FUNDING OF SEWAGE-COLLECTION SYSTEM PROJECTS CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM 78-9 780303
771003 EPA POLICY ON LAND TREATMENT OF MUNICIPAL WASTEWATER
PART 010 OF 11
RANDOLPH J CHAIRMAN
MUSKIE E S CHAIRMAN
JORLING T C ASSISTANT ADMINISTRATOR FOR WATER WASTE MANAGEMENT
(WH-556)
RHETT J T DEPUTY ASSISTANT ADMINISTRATOR FOR WATER PROGRAM OPERATIONS
(WH-546)
96TH CONGRESS, FIRST SESSION U.S. SENATE COMMITTEE ON ENVIRONMENT AND
PUBLIC WORKS SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
U.S. E.P.A. WASHINGTON, DC 20460
113059
1045
HEARINGS
INTERNAL MEMORANDA
TRANSCRIPT
SENATE
A. SECTIONS 201, 211, 212, P.L. 92-500 AND SECTION 36 OF P.L.
95-217.
B. 40 CRF SECTIONS 35.905-19, 925-7, 925-13, APPENDIX B.
C. PRM 76-3, "PRESENTATION OF LOCAL GOVERNMENT COSTS OF WASTEWATER
TREATMENT WORKS IN FACILITY PLANS," AUGUST 16, 1976.
D. MEMORANDUM TO REGIONAL ADMINISTRATORS FROM RUSSELL E. TRAIN,
"ENCOURAGING LESS COSTLY WASTEWATER FACILITIES FOR SMALL COMMUNITIES,"
DECEMBER 30, 1976.
OCTOBER 3, 1977
SUBJECT: EPA POLICY ON LAND TREATMENT OF MUNICIPAL WASTEWATER
FROM: THE ADMINISTRATOR
TO: ASSISTANT ADMINISTRATORS AND REGIONAL ADMINISTRATORS (REGIONS
I-X)
PRESIDENT CARTER'S RECENT ENVIRONMENTAL MESSAGE TO THE CONGRESS
EMPHASIZED THE DESIGN AND CONSTRUCTION OF COST EFFECTIVE PUBLICLY OWNED
WASTEWATER TREATMENT FACILITIES THAT ENCOURAGE WATER CONSERVATION AS
WELL AS ADEQUATELY TREAT WASTEWATER. THIS SERVES TO STRENGTHEN THE
ENCOURAGEMENT UNDER THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS
OF 1972 (P.L. 92-500) TO CONSIDER WASTEWATER RECLAMATION AND RECYCLING
BY LAND TREATMENT PROCESSES.
AT THE TIME P.L. 92-500 WAS ENACTED, IT WAS THE INTENT OF CONGRESS TO
ENCOURAGE TO THE EXTENT POSSIBLE THE DEVELOPMENT OF WASTEWATER
MANAGEMENT POLICIES THAT ARE CONSISTENT WITH THE FUNDAMENTAL ECOLOGICAL
PRINCIPLE THAT ALL MATERIALS SHOULD BE RETURNED TO THE CYCLES FROM WHICH
TEHY WERE GENERATED. PARTICULAR ATTENTION SHOULD BE GIVEN TO WASTEWATER
TREATMENT PROCESSES WHICH RENOVATE AND REUSE WASTEWATER AS WELL AS
RECYCLE THE ORGANIC MATTER AND NUTREINTS IN A BENEFICIAL MANNER.
THEREFORE, THE AGENCY WILL PRESS VIGOROUSLY FOR PUBLICLY OWNED TREATMENT
WORKS TO UTILIZE LAND TREATMENTS PROCESSES TO RECLAIM AND RECYCLE
MUNICIPAL WASTEWATER.
LAND TREATMENT SYSTEMS INVOLVE THE USE OF PLANS AND THE SOIL TO
REMOVE PREVIOUSLY UNWANTED CONTAMINANTS FROM WASTEWATERS. LAND
TREATMENT IS CAPABLE OF ACHIEVING REMOVAL LEVELS COMPARABLE TO THE BEST
AVAILABLE ADVANCED WASTEWATER TREATMENT TECHNOLOGIES WHILE ACHIEVING
ADDITIONAL BENEFITS. THE RECOVERY AND BENEFICIAL REUSE OF WASTEWATER
AND ITS NUTRIENT RESOURCES THROUGH CROP PRODUCTION, AS WELL AS
WASTEWATER TREATMENT AND RECLAMATION, ALLOW LAND TREATMENT SYSTEMS TO
ACCOMPLISH FAR MORE THAN MOST CONVENTIONAL TREATMENT AND DISCHARGE
ALTERNATIVES.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, ADDITIONAL STATEMENTS, SERIAL 96-H10
790319
GRANT FUNDING OF PROJECTS REQUIRING TREATMENT MORE STRINGENT THAN NECESSARY CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM NO. 79-7
FUNDING OF SEWAGE-COLLECTION SYSTEM PROJECTS CONSTRUCTION GRANTS PROGRAM REQUIREMENTS MEMORANDUM PRM 78-9 780303
771003 EPA POLICY ON LAND TREATMENT OF MUNICIPAL WASTEWATER
PART 011 OF 11
RANDOLPH J CHAIRMAN
MUSKIE E S CHAIRMAN
JORLING T C ASSISTANT ADMINISTRATOR FOR WATER WASTE MANAGEMENT
(WH-556)
RHETT J T DEPUTY ASSISTANT ADMINISTRATOR FOR WATER PROGRAM OPERATIONS
(WH-546)
96TH CONGRESS, FIRST SESSION U.S. SENATE COMMITTEE ON ENVIRONMENT AND
PUBLIC WORKS SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
U.S. E.P.A. WASHINGTON, DC 20460
113060
1045
HEARINGS
INTERNAL MEMORANDA
TRANSCRIPT
SENATE
THE APPLICATION OF WASTEWATER ON LAND IS A PRACTICE THAT HAS BEEN
USED FOR MANY DECADES; HOWEVER, RECYCLING AND RECLAIMING WASTEWATER
THAT MAY INVOLVE THE PLANNED RECOVERY OF NUTRIENT RESOURCES AS PART OF A
DESGINED WASTEWATER TREATMENT FACILITY IS A RELATIVELY NEW TECHNIQUE.
ONE OF THE FIRST SUCH PROJECTS WAS THE LARGE SCALE MUSKEGON, MICHIGAN,
LAND TREATMENT DEMONSTRATION PROJECT FUNDED UNDER THE FEDERAL WATER
POLLUTION CONTROL ACT AMENDMENTS OF 1966 (P.L. 84-660), WHICH BEGAN
OPERATIONS IN MAY 1974.
RELIABLE WASTEWATER TREATMENT PROCESSES THAT UTILIZE LAND TREATMENT
CONCEPTS TO RECYCLE RESOURCES THROUGH AGRICULTURE, SILVICULTURE AND
AQUACULTURE PRACTICES ARE AVAILABLE. THE TECHNOLOGY FOR PLANNING,
DESIGNING, CONSTRUCTING AND OPERATING LAND TREATMENT FACILITIES IS
ADEQUATE TO MEET BOTH 1983 AND 1985 REQUIREMENTS AND GOALS OF P.L.
92-500.
LAND TREATMENT IS ALSO PRESENTLY IN EXTENSIVE USE FOR TREATMENT OF
MANY INDUSTRIAL WASTEWATERS, PARTICULARLY THOSE WITH EASILY DEGRADED
ORGANICS SUCH AS FOOD PROCESSING. ADOPTION OF SUITABLE IN-PLANT
PRETREATMENT FOR THE REMOVAL OF EXCESSIVE METALS AND TOXIC SUBSTANCES
WOULD EXPAND THE POTENTIAL FOR LAND TREATMENT OF INDUSTRIAL WASTEWATER
AND FURTHER ENHANCE THE POTENTIAL FOR UTILIZATION OF MUNICIPAL
WASTEWATER AND SLUDGES FOR AGRICULTURAL PURPOSES.
BECAUSE LAND TREATMENT PROCESSES CONTRIBUTE TO THE RECLAMATION AND
RECYCLING REQUIREMENTS OF P.L. 92-500, THEY SHOULD BE PREFERENTIALLY
CONSIDERED AS AN ALTERNATIVE WASTEWATER MANAGEMENT TECHNOLOGY. SUCH
CONSIDERATION IS PARTICULARLY CRITICAL FOR SMALLER COMMUNITIES. WHILE
IT ISRECOGNIZED THAT ACCEPTANCE IS NOT UNIVERSAL, THE UTILIZATION OF
LAND TREATMENT SYSTEMS HAS THE POTENTIAL FOR SAVING BILLIONS OF DOLLARS.
THIS WILL BENEFIT NOT ONLY THE NATIONWIDE WATER POLLUTION CONTROL
PROGRAM, BUT WILL ALSO PROVIDE AN ADDITIONAL MECHANISM FOR THE RECOVERY
AND RECYCLING OF WASTEWATER AS A RESOURCE.
EPA CURRENTLY REQUIRES EACH APPLICANT FOR CONSTRUCTION GRANT FUNDS TO
MAKE A CONSCIENTIOUS ANALYSIS OF WASTEWATER MANAGEMENT ALTERNATIVES WITH
THE BURDEN UPON THE APPLICANT TO EXAMINE ALL AVAILABLE ALTERNATIVE
TECHNOLOGIES. THEREFORE, IF A METHOD THAT ENCOURAGES WATER
CONSERVATION, WASTEWATER RECLAMATION AND REUSE IS NOT RECOMMENDED, THE
APPLICANT SHOULD BE REQUIRED TO PROVIDE COMPLETE JUSTIFICATION FOR THE
REJECTION OF LAND TREATMENT.
IMPOSITION OF STRINGENT WASTEWATER TREATMENT REQUIREMENTS PRIOR TO
LAND APPLICATION HAS QUITE OFTEN NULLIFIED THE COST-EFFECTIVENESS OF
LAND TREATMENT PROCESSES IN THE PAST. WE MUST ENSURE THAT APPROPRIATE
FEDERAL, STATE AND LOCAL REQUIREMENTS AND REGULATIONS ARE IMPOSED AT THE
PROPER POINT IN THE TREATMENT SYSTEM AND ARE NOT USED IN A MANNER THAT
MAY ARBITRARILY BLOCK LAND TREATMENT PROJECTS. WHENEVER STATES INSIST
UPON PLACING UNNECESSARILY STRINGENT PREAPPLICATION TREATMENT
REQUIREMENTS UPON LAND TREATMENT, SUCH AS REQUIRING EPA SECONDARY
EFFLUENT QUALITY IN ALL CASES PRIOR TO APPLICATION ON THE LAND, THE
UNNECESSARY WASTEWATER TREATMENT FACILITIES WILL NOT BE FUNDED BY EPA.
THIS SHOULD ENCOURAGE THE STATES TO RE-EXAMINE AND REVISE THEIR
CRITERIA, AND SO REDUCE THE COST BURDEN, ESPECIALLY TO SMALL
COMMUNITIES, FOR CONSTRUCTION AND OPERATION OF UNNECESSARY OR TOO COSTLY
FACILITIES. THE REDUCTION OF POTENTIALLY TOXIC METALS AND ORGANICS IN
INDUSTRIAL DISCHARGES TO MUNICIPAL SYSTEMS OFTEN IS CRITICAL TO THE
SUCCESS OF LAND TREATMENT. THE DEVELOPMENT AND ENFORCEMENT AT THE LOCAL
LEVEL OF PRETREATMENT STANDARDS THAT ARE CONSISTENT WITH NATIONAL
PRETREATMENT STANDARDS SHOULD BE REQUIRED AS AN INTEGRAL PART OF ANY
CONSIDERATION OR FINAL SELECTION OF LAND TREATMENT ALTERNATIVES. IN
ADDITION, LAND TREATMENT ALTERNATIVES MUST BE FULLY COORDINATED WITH
ON-GOING AREAWIDE PLANNING UNDER SECTION 208 OF THE ACT. SECTION 208
AGNECIES SHOULD BE INVOLVED IN THE REVIEW AND DEVELOPMENT OF LAND
TREATMENT OPTIONS.
RESEARCH WILL BE CONTINUED TO FURTHER IMPROVE CRITERIA FOR
PREAPPLICATION TREATMENT AND OTHER ASPECTS OF LAND TREATMENT PROCESSES.
THIS WILL ADD TO OUR KNOWLEDGE AND REDUCE UNCERTAINTIES ABOUT HEALTH AND
ENVIRONMENTAL FACTORS. I AM CONFIDENT, HOWEVER, THAT LAND TREATMENT OF
MUNICIPAL WASTEWATERS CAN BE ACCOMPLISHED WITHOUT ADVERSE EFFECTS ON
HUMAN HEALTH IF PROPER CONSIDERATION IS GIVEN TO DESIGN AND MANAGEMENT
OF THE SYSTEM.
THE IMPLEMENTATION OF MORE RECENT MANDATES FROM THE SAFE DRINKING
WATER ACT (P.L. 93-532), THE TOXIC SUBSTANCES CONTROL ACT (P.L. 94-469),
AND THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (P.L. 94-580)
MUST BE CLOSELY COORDINATED WITH THE EARLIER MANDATE TO RECYCLE WASTES
AND FULLY EVALUATE LAND TREATMENT IN P.L. 92-500. AGENCYWIDE
COORDINATION IS ESPECIALLY IMPORTANT TO THE PROPER MANAGEMENT OF SECTION
201 OF P.L. 92-500, BECAUSE THE CONSTRUCTION AND OPERATION OF THOUSANDS
OF POTW'S INVOLVE SUCH A BROAD SPECTRUM OF ENVIRONMENTAL ISSUES. A
CONCERTED EFFORT MUST BE MADE TO AVOID UNILATERAL ACTIONS, OR EVEN THE
APPEARANCE OF UNILATERAL ACTIONS, WHICH SATISFY A PARTICULAR MANDATE OF
ONE ACT WHILE INADVERTENTLY CONFLICTING WITH A MAJOR AGENCY POLICY BASED
UPON ANOTHER ACT. THE INTENTION OF P.L. 92-500, AS IT CONCERNS LAND
TREATMENT, IS COMPATIBLE WITH THE PERTINENT ASPECTS OF MORE RECENT
ENVIRONMENTAL LEGISLATION.
EACH OF YOU MUST EXERT MAXIMUM EFFORT TO ENSURE THAT THE ACTIONS OF
YOUR STAFFS REFLECT CLEARLY VISIBLE ENCOURAGEMENT OF WASTEWATER
RECLAMATION AND RECYCLING OF POLLUTANTS THROUGH LAND TREATMENT PROCESSES
IN ORDER TO MOVE TOWARD THE NATIONAL GOALS OF CONSERVING WATER AND
ELIMINATING THE DISCHARGE OF POLLUTANTS IN NAVIGABLE WATERS BY 1985.
THIS POLICY WILL APPLY TO ALL FUTURE MUNICIPAL CONSTRUCTION GRANT
ACTIVITIES, AS WELL AS ALL CURRENT GRANT APPLICATIONS IN THE STEP 1
CATEGORY THAT HAVE NOT BEEN APPROVED AS OF THIS DATE. DETAILED
INFORMATION AND GUIDANCE FOR IMPLEMENTATION OF THIS POLICY IS UNDER
PREPARATION AND WILL BE ISSUED IN THE NEAR FUTURE.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT AND THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT
FEDERAL REGISTER, VOL 44, NO. 34
STATE AND LOCAL ASSISTANCE GRANTS FOR
CONSTRUCTION OF TREATMENT WORKS
PART 6 FRL 1041-1A
790216
EPA
113061
SENATE
HEARINGS
TRANSCRIPT
REGULATIONS
(6560-01-M)
AGENCY: ENVIRONMENTAL PROTECTION AGENCY
ACTION: RULE
SUMMARY: THESE REGULATIONS ARE INTENDED TO ENCOURAGE, PROVIDE FOR,
AND ASSIST PUBLIC PARTICIPATION IN THE MUNICIPAL WASTEWATER TREATMENT
WORKS CONSTRUCTION GRANTS PROGRAM CARRIED OUT UNDER THE CLEAN WATER ACT.
THE REGULATIONS SPECIFY THAT PUBLIC PARTICIPATION IN THAT PROGRAM
APPLIES TO DEVELOPMENT OF THE STATE PRIORITY SYSTEM AND ANNUAL LIST OF
PROJECTS DESIGNATED FOR FEDERAL FUNDING, TO DEVELOPMENT OF PLANS FOR
WASTEWATER TREATMENT FACILITIES, TO DEVELOPMENT OF USER CHARGE AND
INDUSTRIAL COST RECOVERY SYSTEMS, AND TO THE DELEGATION OF
ADMINISTRATIVE RESPONSIBILITIES FOR THE CONSTRUCTION GRANTS PROGRAM TO
THE STATES. THE REGULATIONS ESTABLISH A TWO-TIER PROGRAM OF
PARTICIPATION IN THE FACILITY PLANNING PROCESS. THIS ALLOWS EPA,
STATES, AND GRANTEES TO FOCUS THEIR RESOURCES AND ENERGIES, AND THOSE OF
PARTICIPATING CITIZENS, ON THE MINORITY OF PROJECTS WHICH HAVE THE
GREATEST FTNANCTA ENVIRONMNETA TMPACTS AND HTCH T BENEFIT MOST FROM
ACTIVE COMMUNITY INVOLVEMENT. THE REGULATIONS CONTAIN FEWER PUBLIC
PARTICIPATION REQUIREMENTS FOR THE LARGE MAJORITY OF PROJECTS EXPECTED
TO BE LESS-COSTLY OR TO HAVE LESS SIGNIFICANT IMPACTS. THE REGULATIONS
PERMIT THE EXEMPTION OF PROJECTS WHICH INVOLVE ONLY MINOR UPGRADING OF
TREATMENT WORKS OR MINOR SEWER REHABILITATION FROM MANY OF THE PUBLIC
PARTICIPATION REQUIREMENTS OF THESE REGULATIONS.
DATES: THESE REGULATIONS ARE EFFECTIVE ON FEBRUARY 16, 1979.
ADDRESSES: COMMENTS SUBMITTED ON THESE REGULATIONS MAY BE INSPECTED
AT THE PUBLIC INFORMATION REFERENCE UNIT, EPA HEADQUARTERS, ROOM 2922,
WATERSIDE MALL, 401 "M" STREET, S.W., WASHINGTON, D.C. BETWEEN 8:00 A.M.
AND 4:30 P.M. ON BUSINESS DAYS.
FOR FURTHER INFORMATION CONTACT:
MICHAEL B. COOK, ACTING DIRECTOR, FACILITY REQUIREMENTS DIVISION
(WH-595), ENVIRONMNETAL PROTECTION AGENCY, 401 "M" STREET, S.W., ROOM
1137ET, WASHINGTON, D.C. 20460, TELEPHONE 202/426-9404.
THE REGULATIONS FOR PUBLIC PARTICIPATION IN THE CONSTRUCTION GRANTS
PROGRAM WERE PROPOSED IN THE FEDERAL REGISTER ON AUGUST 7, 1978, ALONG
WITH OVERALL PUBLIC PARTICIPATION REGULATIONS WHICH WOULD COVER PROGRAMS
UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT AND THE SAFE DRINKING
WATER ACT, AS WELL AS THE CLEAN WATER ACT (40 CFR PART 25). THE PART 25
REGULATIONS ARE BEING PUBLISHED IN FINAL FORM IN THE SAME ISSUE OF THE
FEDERAL REGISTER AS THE REGULATIONS SPECIFIC TO THE CONSTRUCTION GRANTS
PROGRAM.
THE PREAMBLE TO THE OVERALL PART 25 REGULATIONS INCLUDES A COMPLETE
DISCUSSION OF PUBLIC PARTICIPATION ACTIVITIES CONDUCTED BY EPA IN THE
DEVELOPMENT OF THE OVERALL REGULATIONS AND THE CONSTRUCTION GRANTS
PROGRAM PUBLIC PARTICIPATION REGULATIONS.
A LARGE VOLUME OF COMMENT WAS RECEIVED ON THE OVERALL PART 25
REGULATIONS AND ON THE REGULATIONS SPECIFIC TO THE GRANTS PROGRAM. MANY
GENERAL COMMENTS WERE RELEVANT TO THE GRANTS PROGRAM REGULATIONS AS WELL
AS TO OTHER PROGRAMS UNDER THE THREE COVERED ACTS. A FULL DISCUSSION OF
THESE GENERAL ISSUES IS INCLUDED IN THE PREAMBLE TO 40 CFR PART 25.
THEY INCLUDE CONSISTENCY OF PUBLIC PARTICIPATION REQUIREMENTS,
DISCRETION AND FLEXIBILITY IN THE REQUIREMENTS, ROLE OF ELECTED
OFFICIALS, COMPOSITION AND USE OF ADVISORY GROUPS, ADVANCE NOTICE OF
PUBLIC HEARINGS AND MEETINGS, AND OTHERS. THE SECTIONS WHICH FOLLOWS
DESCRIBE EPA'S RESPONSE TO THOSE MORE SPECIFIC ISSUES AND COMMENTS WHICH
PERTAIN TO THE CONSTRUCTION GRANTS PROGRAM:
1. DELAY OF WASTEWATER TREATMENT PROJECTS. MANY COMMENTERS,
ESPECIALLY SOME STATE AND LOCAL GOVERNMENTS, EXPRESSED SINCERE CONCERN
THAT THE NEW REQUIREMENTS WOULD DELAY THE CONSTRUCTION OF MUCH NEEDED
TREATMENT FACILITIES. THEY CITED THE REQUIREMENTS FOR ADDITIONAL
MEETINGS AND PUBLIC CONSULTATION, THE NEED FOR EARLIER PUBLIC NOTICE,
THE ADDITIONAL REPORTING REQUIREMENTS, THE ADDITIONAL DEMANDS ON THEIR
STAFFS, AND ADDITIONAL OVERSIGHT AND REVIEW FUNCTIONS AS POTENTIAL
SOURCES OF DELAY DURING THE STEP 1, FACILITIES PLANNING STAGE.
SOME CITIZENS AND PUBLIC INTEREST GROUPS WHO COMMENTED ON THIS ISSUE,
HOWEVER, NOTED THAT THE MOST SERIOUS DELAYS CAME NOT DURING THE
PLANNING, BUT DURING THE DESIGN AND CONSTRUCTION STAGES. OFTEN IT WAS
NOT UNTIL THESE LATER STAGES THAT INDIVIDUAL CITIZENS AND LOCAL GROUPS
REALIZED SIGNIFICANT FISCAL AND GROWTH IMPACTS OF EXPENSIVE, OVERSIZED
TREATMENT FACILITIES.
IT IS THE AGENCY'S POSITION THAT THIS IS AN ENVIRONMENTAL, NOT A
PUBLIC WORKS, PROGRAM WHERE THE FISCAL INTEGRITY AND SOUND ENVIRONMENTAL
MANAGEMENT OF THE PROGRAM ARE PARAMOUNT. DELAYS, IF ANY, IN FACILITIES
PLANNING DUE TO INCREASED PUBLIC PARTICIPATION ARE ANTICIPATED TO BE
MORE THAN COMPENSATED FOR BY THE SELECTION OF MORE APPROPRIATE TREATMENT
SYSTEMS AND MORE RAPID PROGRESS IN THE DESIGN AND CONSTRUCTION STAGES.
2. RESOURCES, FEDERAL, STATE AND SUB-STATE-AGENCIES RESPONSIBLE FOR
THE CONSTRUCTION GRANTS PROGRAM WERE SERIOUSLY CONCERNED ABOUT THE
RESOURCE IMPLICATIONS OF THESE REQUIREMENTS. THEY WERE ESPECIALLY
CONCERNED ABOUT INCREASED DEMAND FOR MONIES AND STAFF TIME.
THE AGENCY ACKNOWLEDGES THE NEED FOR SOME ADDITIONAL RESOURCES TO
ADEQUATELY IMPLEMENT PUBLIC PARTICIPATION IN THE PROGRAM. ALL EFFORTS
HAVE BEEN MADE TO MINIMIZE THESE DEMANDS WHILE MAINTAINING THE INTEGRITY
OF THE PROGRAM. THE DISTRIBUTION OF THE PUBLIC PARTICIPATION WORK PLAN
AND THE RESPONSIVENESS SUMMARIES WILL REDUCE THE NEED FOR EPA MONITORING
BY FOSTERING COOPERATION BETWEEN GRANTEES AND CITIZENS TO ENSURE HIGH
QUALITY PROGRAM OUTPUT. ALSO, THE AGENCY HAS CONDUCTED A DETAILED
RESOURCE ANALYSIS THAT INDICATED THAT THE MOST RESOURCE INTENSIVE
ACTIVITY FOR THE STATES AND EPA IS ATTENDANCE BY STAFF AT PUBLIC
MEETINGS AND HEARINGS; THE REGULATIONS DO NOT REQUIRE SUCH ATTENDANCE,
MAKING THIS ACTIVITY STRICTLY DISCRETIONARY. SINCE THE FULL-SCALE
PUBLIC PARTICIPATION PROGRAM IS MORE RESOURCE INTENSIVE THAN THE BASIC
PUBLIC PARTICIPATION PROGRAM, EPA EXPECTS THAT THE FULL-SCALE PUBLIC
PARTICIPATION PROGRAM WILL BE REQUIRED OF APPROXIMATELY 30 PERCENT OF
PROJECTS.
THE AGENCY IS ALSO MAKING NEW RESOURCES AVAILABLE. STATE MANAGEMENT
ASSISTANCE FUNDS, UNDER SECTION 205(G) OF THE ACT, AND CONSTRUCTION
GRANTS FUNDS, UNDER SECTION 201, CAN BE USED BY THE STATES AND GRANTEES,
RESPECTIVELY, TO COVER PUBLIC PARTICIPATION COSTS. FURTHERMORE, EPA IS
DESIGNATING STAFF IN ITS REGIONAL OFFICES TO ASSIST IN CARRYING OUT
THESE REQUIREMENTS.
3. CRITERIA FOR FULL-SCALE PUBLIC PERTICIPATION PROGRAM. THE AGENCY
RECEIVED A NUMBER OF COMMENTS ON THE CRITERIA PROPOSED FOR USE BY THE
REGIONAL ADMINISTRATOR IN DETERMINING WHICH PROJECTS SHOULD HAVE THE
FULL-SCALE PUBLIC PARTICIPATION PROGRAM. SOME COMMENTERS URGED THAT THE
CRITERIA BE MADE LESS FLEXIBLE BY THE ADDITION OF SPECIFIC POPULATION
SIZE AND PROJECT COST CRITERIA. THE AGENCY HAS DECIDED TO CONTINUE TO
ALLOW THE REGIONAL ADMINISTRATORS A HIGH LEVEL OF DISCRETION IN
DETERMINING WHICH PROJECTS ARE LIKELY TO NEED ADDITIONAL PUBLIC
INVOLVEMENT BASED UPON THEIR ASSESSMENT OF COST, COMPLEXITY AND
POTENTIAL IMPACTS. IN THE PROPOSED REGULATIONS THE FULL-SCALE PROGRAM
WAS MANDATORY ONLY WHEN IT WAS DETERMINED EARLY IN THE FACILITIES
PLANNING PROCESS STAGE THAT AN ENVIRONMENTAL IMPACT STATEMENT WOULD BE
REQUIRED, UNDER 40 CFR PART 6, RECOGNIZING THE PUBLIC AND CONGRESSIONAL
CONCERN OVER THE COST OF ADVANCED WASTEWATER TREATMENT (AWT) FACILITIES
THAT REQUIRE VERY STRINGENT WASTEWATER TREATMENT, THE AGENCY HAS
INCLUDED AWT AS A MANDATORY CRITERION FOR THE FULL-SCALE PROGRAM. THIS
WILL ENABLE COMMUNITIES TO GIVE MORE CAREFUL CONSIDERATION TO
LESS-COSTLY SYSTEMS AND ALTERNATIVE TREATMENT PROCESSES, SUCH AS LAND
TREATMENT.
OTHER THAN THE EIS AND AWT MANDATORY CRITERIA, THE REGIONAL
ADMINISTRATOR WILL REQUIRE THE FULL-SCALE PROGRAM ONLY AFTER A PROJECT
MEETS TWO TESTS. THE REGIONAL ADMINISTRATOR MUST DETERMINE (1) THAT THE
PROJECT HAS THE POTENTIAL FOR COMMUNITY IMPACT, AS SUGGESTED BY CRITERIA
LISTED IN SECTION 35.917-5(C)(1)(III), AND (2) THAT THE EXISTING LOCAL
DECISIONMAKING PROCESS WOULD BENEFIT FROM INCREASED OPPORTUNIIES FOR
PUBLIC INVOLVEMENT. THE REGIONAL ADMINISTRATOR WILL EXERCISE THIE
DISCRETION IN LIGHT OF THE AGENCY EXPECTATION THAT APPROXIMATELY 30
PERCENT OF THE STEP 1 PROJECTS WILL BE REQUIRED TO CONDUCT A FULL-SCALE
PROGRAM.
4. CONTENT OF FULL-SCALE PUBLIC PARTICIPATION PROGRAM. GENERALLY,
CITIZENS AND PUBLIC INTEREST GROUPS, AS WELL AS SOME GOVERNMENT
AGENCIES, GAVE STRONG SUPPORT TO THE CONTENT OF THE FULL-SCALE PROGRAM.
THEY PARTICULARLY SUPPORTED THE OPPORTUNITIES FOR PUBLIC INVOLVEMENT AND
CONSULTATION EARLY IN FACILITIES PLANNING, THE PUBLIC PARTICIPATION
COORDINATOR, AND THE ADVISORY GROUP. SOME COMMENTERS REQUESTED MORE
DISCRETION IN USING THE ADVISORY GROUPS. THEY URGED THAT THEY BE
ENCOURAGED, BUT NOT REQUIRED.
THE AGENCY HAS DECIDED TO RETAIN THE FULL-SCALE PROGRAM AS INITIALLY
PROPOSED. SINCE IT WILL ONLY APPLY TO THOSE PROJECTS OF HIGH COMPLEXITY
OR CONTROVERSY, THE PRESENCE OF A CORE GROUP OF INFORMED CITIZENS -- THE
ADVISORY GROUP -- IS CONSIDERED PARTICULARLY ESSENTIAL. IT MUST BE
POINTED OUT THAT THE BASIC PROGRAM, WHICH WILL COVER THE LARGE MAJORITY
OF PROJECTS, DOES NOT REQUIRE THE ADVISORY GROUP; HOWEVER, GRANTEES ARE
AT LIBERTY TO ESTABLISH ONE AT THEIR DISCRETION. THE PART 25
REGULATIONS HAVE BEEN REVISED TO PROVIDE GRANTEES WITH SIGNIFICANT
ADDITIONAL FLEXIBILITY IN COMPOSING THE MEMBERSHIP OF ADVISORY GROUPS.
5. SMALL COMMUNITY IMPACTS. A NUMBER OF COMMENTERS EXPRESSED
CONCERN OVER THE IMPACT OF THE REGULATION ON SMALL COMMUNITIES. THEY
SUGGESTED AUTOMATIC EXEMPTIONS FOR SMALL COMMUNITIES FROM THE FULL-SCALE
PROGRAM, AND EVEN THE BASIC PROGRAM.
THE REGULATIONS ALLOW THE REGIONAL ADMINISTRATOR EXTENSIVE DISCRETION
IN DETERMINING WHICH PROJECTS SHOULD HAVE A FULL-SCALE PROGRAM. FIRST,
THE REGIONAL ADMINISTRATOR MUST DETERMINE THAT ONE OF THE CRITERIA
SUGGESTING COMMUNITY IMPACT IS LIKELY TO BE PRESENT AND SECOND, HAVING
MADE THAT DETERMINATION, THE REGIONAL ADMINISTRATOR MUST DETERMINE THAT
MORE ACTIVE PUBLIC PARTICIPATION IN THE FORM OF THE FULL-SCALE PROGRAM
WOULD BE OF BENEFIT IN THE PARTICULAR COMMUNITY. IN MAKING THIS SECOND
CASE-BY-CASE DETERMINATION, THE REGIONAL ADMINISTRATOR IS FREE TO TAKE
INTO CONSIDERATION THE SIZE AND NATURE OF THE COMMUNITY WHERE FACILITY
PLANNING WILL OCCUR.
IN MANY CASES DOCUMENTED BY EPA, THE COST AND OTHER IMPACTS OF
WASTEWATER TREATMENT FACILITIES ARE MOST SEVERE IN SMALL, RURAL
COMMUNITIES. THE EVALUATION OF LESS-COSTLY, MORE ACCEPTABLE
ALTERNATIVES MAY THEREFORE REQUIRE MORE, NOT LESS, ACTIVE PUBLIC
PARTICIPATION. IN MANY INSTANCES THIS WILL BE BEST ACCOMPLISHED BY THE
ATTENTION OF A CORE GROUP OF INTERESTED CITIZENS, WITH STAFF SUPPORT,
WHICH IS THE CARDINAL FEATURE OF THE FULL-SCALE PROGRAM. THIS DECISION
WILL BE MADE ON A CASE-BY-CASE BASIS BY THE REGIONAL ADMINISTRATOR.
6. EARLY PUBLIC INVOLVEMENT. MANY CITIZENS AND PUBLIC INTEREST
GROUPS URGED THE AGENCY TO REQUIRE ADDITIONAL EARLY PUBLIC INVOLVEMENT,
ESPECIALLY BEFORE THE STEP 1 GRANT IS AWARDED AND IN THE SELECTION OF
THE CONSULTING ENGINEER. SINCE PRE-STEP 1 ACTIVITIES ARE NOT GRANT
ELIGIBLE, THE AGENCY HAS DECIDED NOT TO IMPOSE ADDITIONAL REQUIREMENTS
BEYOND THE PERFORMANCE STANDARD FOR PUBLIC INFORMATION AND CONSULTATION
IN THE DEVELOPMENT OF THE PLAN OF STUDY.
MANY PRIVATE CITIZENS AND PUBLIC INTEREST GROUPS URGED EPA TO REQUIRE
PUBLIC PARTICIPATION IN THE SELECTION OF THE CONSULTING ENGINEER. THESE
COMMENTERS ARGUED THAT THIS WOULD ENCOURAGE THE SELECTION OF A
CONSULTANT ABLE TO COMMUNICATE EFFECTIVELY WITH THE PUBLIC AND WOULD
LEAD TO GREATER PUBLIC CONFIDENCE AND SUPPORT FOR THE PLANNING PROCESS.
EPA AGREES IN PART WITH THIS CONCEPT, BUT DOES NOT BELIEVE IT IS
FEASIBLE TO MAKE CONSULTATION IN ENGINEER SELECTION A REQUIREMENT.
ACCORDINGLY, THE REGULATIONS ENCOURAGE, BUT DO NOT REQUIRE, PUBLIC
CONSULTATION IN THE SELECTION OF THE CONSULTING ENGINEER.
TO HELP STIMULATE EARLY PUBLIC INTEREST, THE FINAL REGULATIONS
REQUIRE THE GRANTEE TO PROVIDE THE PUBLIC WITH AN ESTIMATE OF THE
ADDITIONAL PER HOUSEHOLD COST OF THE PROPOSED FACILITIES. THIS COST CAN
BE CALCULATED FROM THE COST AND POPULATION ESTIMATES IN THE BIENNIAL
NEEDS SURVEY IF MORE PRECISE DATA ARE NOT AVAILABLE.
7. COORDINATION WITH OTHER PROGRAMS. MANY COMMENTERS STRESSED THE
IMPORTANCE OF COORDINATING THE PUBLIC PARTICIPATION ACTIVITIES IN THE
PUBLIC PARTICIPATION ACTIVITIES IN THE CONSTRUCTION GRANTS PROGRAM WITH
PUBLIC PARTICIPATION IN OTHER PROGRAMS, ESPECIALLY THE WATER QUALITY
MANAGEMENT PROGRAM UNDER 40 CFR PART 35, SUBPART G.
THE AGENCY CONCURS AND HAS MODIFIED THE REQUIREMENT BY ENCOURAGING
COORDINATION OF FACILITY PLANNING PUBLIC PARTICIPATION ACTIVITIES WITH
THOS ASSOCIATED WITH OTHER RELATED ENVIRONMENTAL PROGRAMS IN THE PROJECT
AREA.
8. PUBLIC PARTICIPATION IN STEP 2 AND 3. SOME LOCAL AGENCIES AND
MANY PUBLIC INTEREST GROUPS EXPRESSED APPROVAL OF THE LANGUAGE IN THE
REGULATIONS WHICH INDICATED THAT PUBLIC PARTICIPATION ACTIVITIES IN STEP
2 (DESIGN) AND STEP 3 (CONSTRUCTION) WERE GRANT ELIGIBLE. SOME
COMMENTERS CALLED FOR MANDATORY PUBLIC PARTICIPATION REQUIREMENTS IN
STEPS 2 AND 3. WITH THE EXCEPTION OF REQUIREMENTS TO INFORM AND CONSULT
WITH THE PUBLIC IN THE DEVELOPMENT AND ADOPTION OF THE USER CHARGE AND
INDUSTRIAL COST RECOVERY SYSTEMS, EPA WILL NOT IMPOSE PUBLIC
PARTICIPATION REQUIREMENTS IN STEPS 2 AND 3. HOWEVER, PUBLIC
PARTICIPATION ACTIVITIES AT THESE STAGES ARE GRANT ELIGIBLE PROVIDED
THEY ARE INCLUDED IN A PUBLIC PARTICIPATION WORK PLAN SUBMITTED BY THE
GRANTEE AND APPROVED BY EPA.
9. TRAINING. MANY CITIZENS AND PUBLIC INTEREST GROUPS SUPPORTED THE
REQUIREMENT THAT EPA TRAIN ADVISORY GROUPS ESTABLISHED UNDER THE
FULL-SCALE PROGRAM. SOME STATES AND LOCAL GOVERNMENTS POINTED OUT THAT
THEY SHOULD HAVE A ROLE IN TRAINING ADVISORY GROUPS BECAUSE OF THEIR
FAMILIARITY WITH LOCAL ISSUES. EPA AGREES. THE FINAL REGULATIONS
REQUIRE EPA TO DEVELOP TRAINING MATERIALS BUT INDICATE THAT TRAINING
WOULD BE DONE IN COOPERATION WITH THE STATE OR GRANTEE.
10. EPA TECHNICAL ASSISTANCE TO IMPLEMENT THE REGULATIONS. MANY
COMMENTERS, REPRESENTING A VARIETY OF INTERESTS, URGED THE AGENCY TO
PROVIDE TECHNICAL ASSISTANCE TO IMPLEMENT THE PUBLIC PARTICIPATION
REGULATIONS.
THE AGENCY CONCURS AND HAS TAKEN THE FOLLOWING ACTIONS TO AID STATES
AND GRANTEES TO IMPLEMENT THEIR REGULATIONS:
- MADE PUBLIC PARTICIPATION ACTIVITIES GRANT ELIGIBLE FOR
CONSTRUCTION GRANT FUNDS (SECTION 201) AND STATE MANAGEMENT ASSISTANCE
FUNDS (SECTION 205(G)).
- BEGUN DEVELOPMENT OF A MODULAR TECHNICAL TRAINING PROGRAM ON
WASTEWATER TREATMENT FACILITIES PLANNING FOR GRANTEES AND THEIR ADVISORY
GROUPS.
- BEGUN DEVELOPMENT OF TRAINING COURSES ON HOW TO CONDUCT AND
EVALUATE PUBLIC PARTICIPATION ACTIVITIES FOR STAFF FROM EPA, STATE AND
SUBSTATE AGENCIES.
- INITIATED THE DEVELOPMENT OF ADDITIONAL GUIDANCE ON THE PUBLIC
PARTICIPATION REGULATIONS, INCLUDING A CITIZEN HANDBOOK.
- ASSIGNED STAFF PERSONS IN EACH EPA REGIONAL OFFICE WITH THE
RESPONSIBILITY FOR OVERSEEING PUBLIC PARTICIPATION ACTIVITIES.
- FUNDED FIVE WASTEWATER TREATMENT FACILITIES PLANNING INSTITUTES,
ONE IN EACH OF REGIONS I, II, III, V, AND VI, TO TRAIN LOCAL CITIZEN
DECISION-MAKERS.
- INCLUDED AN EXPANDED PRESENTATION ON THE PUBLIC PARTICIPATION
REGULATIONS IN THE FACILITIES PLANNING TRAINING COURSE AVAILABLE TO
STATE AND GRANTEE, STAFF, CONSULTING ENGINEERS AND THE PUBLIC.
- PRODUCED AND MADE AVAILABLE A WIDE VARIETY OF TECHNICAL
PUBLICATIONS ON ALL ASPECTS OF WASTEWATER TREATMENT.
- ENTERED INTO AN INTERAGENCY AGREEMENT WITH THE DEPARTMENT OF LABOR
TO PROVIDE TECHNICAL ASSISTANCE TO SMALL, RURAL COMMUNITIES.
NOTE: THE ENVIRONMENTAL PROTECTION AGENCY HAS DETERMINED THAT THIS
DOCUMENT DOES NOT CONTAIN A MAJOR PROPOSAL REQUIRING PREPARATION OF AN
ECONOMIC IMPACT ANALYSIS. STATEMENT UNDER EXECUTIVE ORDERS 11821,
11949, AND 12044 AND OMB CIRCULAR A-107.
DATED: FEBRUARY 8, 1978.
DOUGLAS M. COSTLE, ADMINISTRATOR.
1. 40 CFR PART 35 SUBPART E IS AMENDED BY REVISING SECTION 35.903(O)
TO READ AS FOLLOWS:
(O) THE ACT REQUIRES EPA AND THE STATES TO PROVIDE FOR, ENCOURAGE AND
ASSIST PUBLIC PARTICIPATION IN THE CONSTRUCTION GRANTS PROGRAM. THIS
REQUIREMENT FOR PUBLIC PARTICIPATION APPLIES TO THE DEVELOPMENT OF THE
STATE WATER POLLUTION CONTROL STRATEGY, THE STATE PROJECT PRIORITY
SYSTEM, AND THE STATE PROJECT PRIORITY LIST, UNCER SECTION 35.915; TO
THE DEVELOPMENT OF USER CHARGE AND INDUSTRIAL COST RECOVERY-SYSTEMS,
UNDER SECTIONS 35.925.11, 35.928, AND 35.929; AND TO THE DELEGATION OF
ADMINISTRATIVE RESPONSIBILITIES FOR THE CONSTRUCTION GRANTS PROGRAM
UNDER SUBPART F OF THIS CHAPTER.
2. 40 CFR PART 35 SUBPART E IS AMENDED BY REVISING SECTION
35.917-1(G) TO READ AS FOLLOWS:
(G) A FINAL RESPONSIVENESS SUMMARY, CONSISTENT WITH 40 CFR 25.8 AND
SECTION 35.917-5.
3. 40 CFR PART 35 SUBPART E IS AMENDED BY REVISING SECTION 35.917-5
TO READ AS FOLLOWS:
(A) GENERAL. CONSISTENT WITH SECTION 101(E) OF THE CLEAN WATER ACT
AND 40 CFR PART 25, EPA, THE STATES, AND GRANTEES SHALL PROVIDE FOR,
ENCOURAGE, AND ASSIST PUBLIC PARTICIPATION IN THE FACILITIES PLANNING
PROCESS AND SHALL PROVIDE CITIZENS WITH INFORMATION ABOUT AND
OPPORTUNITIES TO BECOME INVOVLED IN THE FOLLOWING:
(1) THE ASSESSMENT OF LOCAL WATER QUALITY PROBLEMS AND NEEDS;
(2) THE IDENTIFICATION AND EVALUATION OF LOCATIONS FOR WASTEWATER
TREATMENT FACILITIES AND OF ALTERNATIVE TREATMENT TECHNOLOGIES AND
SYSTEMS INCLUDING THOSE WHICH RECYCLE AND REUSE WASTEWATER (INCLUDING
SLUDGE), USE LAND TREATMENT, REDUCE WASTEWATER VOLUME, AND ENCOURAGE
MULTIPLE USE OF FACILITIES;
(3) THE EVALUATION OF SOCIAL, ECONOMIC, FISCAL, AND ENVIRONMENTAL
IMPACTS; AND
(4) THE RESOLUTION OF OTHER SIGNIFICANT FACILITIES PLANNING ISSUES
AND DECISIONS.
(B) BASIC PUBLIC PARTICIPATION PROGRAM. SINCE WASTEWATER TREATMENT
FACILITIES VARY IN COMPLEXITY AND IMPACT UPON THE COMMUNITY, THESE
PUBLIC PARTICIPATION REQUIREMENTS INSTITUTE A TWO-TIER PUBLIC
PARTICIPATION PROGRAM FOR FACILITIES PLANNING CONSISTING OF A BASIC
PUBLIC PARTICIPATION PROGRAM, SUITABLE FOR LESS COMPLEX PROJECTS WITH
ONLY MODERATE COMMUNITY IMPACTS, AND A FULL-SCALE PUBLIC PARTICIPATION
PROGRAM, FOR MORE COMPLEX PROJECTS WITH POTENTIALLY SIGNIFICANT
COMMUNITY IMPACTS. ALL FACILITIES PLANNING PROJECTS, EXCEPT THOSE THAT
QUALIFY FOR THE FULL-SCALE PUBLIC PARTICIPATION PROGRAM UNDER PARAGRAPH
(C) OF THIS SECTION AND THOSE EXEMPT UNDER PARAGRAPH (D) OF THIS
SECTION, REQUIRE THE BASIC PUBLIC PARTICIPATION PROGRAM. IN CONDUCTING
THE BASIC PUBLIC PARTICIPATION PROGRAM, THE GRANTEE SHALL AT A MINIMUM;
(1) INSTITUTE, AND MAINTAIN THROUGHOUT THE FACILITIES PLANNING
PROCESS, A PUBLIC INFORMATION PROGRAM (INCLUDING THE DEVELOPMENT AND USE
OF A MAILING LIST OF INTERESTED AND AFFECTED MEMBERS OF THE PUBLIC), IN
ACCORDANCE WITH 40 CFR 25.4 AND SECTION 35.917-5(A).
(2) NOTIFY AND CONSULT WITH THE PUBLIC, DURING THE PREPARATION OF THE
PLAN OF STUDY, ABOUT THE NATURE AND SCOPE OF THE PROPOSED FACILITIES
PLANNING PROJECT. EPA ENCOURAGES THE GRANTEE TO CONSULT WITH THE PUBLIC
IN THE SELECTION OF THE PROFESSIONAL CONSULTING ENGINEER.
(3) INCLUDE IN THE PLAN OF STUDY, SUBMITTED WITH THE STEP 1 GRANT
APPLICATION, A BRIEF OUTLINE OF THE PUBLIC PARTICIPATION PROGRAM, NOTING
THE PROJECTED STAFF AND BUDGET RESOURCES WHICH WILL BE DEVOTED TO PUBLIC
PARTICIPATION, A PROPOSED SCHEDULE FOR PUBLIC PARTICIPATION ACTIVITIES,
THE TYPES OF CONSULTATION AND INFORMATIONAL MECHANISMS THAT WILL BE
USED, AND THE SEGMENTS OF THE PUBLIC THAT THE GRANTEE HAS TARGETED FOR
INVOLVEMENT.
(4) SUBMIT TO EPA, WITHIN 45 DAYS AFTER THE DATE OF ACCEPTANCE OF THE
STEP 1 GRANT AWARD, A BRIEF PUBLIC PARTICIPATION WORK PLAN. IN ADDITION
TO MEETING THE REQUIREMENTS OF 40 CFR 25.11, THE WORK PLAN SHALL
DESCRIBE THE METHOD OF COORDINATION BETWEEN THE APPROPRIATE WATER
QUALITY MANAGEMENT PUBLIC PARTICIPATION PROGRAM UNDER SUBPART G OF THIS
PART AND THE GRANTEE'S PUBLIC PARTICIPATION PROGRAM AS REQUIRED BY 40
CFR 35.917-5(E). THE GRANTEE SHALL DISTRIBUTE THE WORK PLAN,
ACCOMPANIED BY A FACT SHEET ON THE PROJECT, TO GROUPS AND INDIVIDUALS
WHO MAY BE INTERESTED IN OR AFFECTED BY THE PROJECT. THE FACT SHEET
SHALL DEXCRIBE THE NATURE, SCOPE AND LOCATION OF THE PROJECT; IDENTIFY
THE CONSULTING ENGINEER AND GRANTEE STAFF CONTACT; AND INCLUDE A
PRELIMINARY ESTIMATE OF THE TOTAL COSTS OF THE PROJECT, INCLUDING DEBT
SERVICE AND OPERATION AND MAINTENANCE, AND OF THE RESULTING CHARGES TO
EACH AFFECTED HOUSEHOLD.
(5) CONSULT W-TH THE PUBLIC, IN ACCORDANCE WITH 40 CFR 25.4, EARLY IN
THE FACILITIES PLANNING PROCESS WHEN ASSESSING THE EXISTING AND FUTURE
SITUATIONS AND IDENTIFYING AND SCREENING ALTERNATIVES, BUT BEFORE
SELECTING ALTERNATIVES FOR EVALUATION ACCORDING TO THE
COST-EFFECTIVENESS ANALYSIS GUIDELINES (SEE APPENDIX A,
COST-EFFECTIVENESS ANALYSIS GUIDELINES, PARAGRAPH
). AFTER CONSULTATING WITH THE PUBLIC, THE GRANTEE SHALL PREPARE
AND DISTRIBUTE A RESPONSIVENESS SUMMARY, IN ACCORDANCE WITH 40
CFR 25.8.
(6) HOLD A MEETING TO CONSULT WITH THE PUBLIC, IN ACCORDANCE WITH 40
CFR 25.6 WHEN ALTERNATIVES ARE LARGELY DEVELOPED BUT BEFORE AN
ALTERNATIVE OR PLAN HAS BEEN SELECTED AND THEN PREPARE AND DISTRIBUTE A
RESPONSIVENESS SUMMARY, IN ACCORDANCE WITH 40 CFR 25.8.
(7) HOLD A PUBLIC HEARING BEFORE FINAL ADOPTION OF THE FACILITIES
PLAN, IN ACCORDANCE WITH 40 CFR 25.5.
(8) INCLUDE IN THE FINAL FACILITIES PLAN A FINAL RESPONSIVENESS
SUMMARY, IN ACCORDANCE WITH 40 CFR 25.8.
(C) FULL-SCALE PUBLIC PARTICIPATION PROGRAM. (1) THE REGIONAL
ADMINISTRATOR SHALL REQUIRE A FULL-SCALE PUBLIC PARTICIPATION PROGRAM
FOR ALL STEP 1 FACILITIES PLANNING PROJECTS THAT FULFILL ONE OR MORE OF
THE FOLLOWING THREE CONDITIONS:
(1) WHERE EPA PREPARES OR REQUIRES THE PREPARATION OF AN
ENVIRONMENTAL IMPACT STATEMENT DURING FACILITIES PLANNING UNDER 40 CFR
6; OR
(II) WHERE ADVANCED WASTEWATER TREATMENT (AWT) LEVELS, AS DEFINED IN
EPA GUIDANCE, MAY BE REQUIRED; OR
(III) WHERE THE REGIONAL ADMINISTRATOR DETERMINES THAT MORE ACTIVE
PUBLIC PARTICIPATION IN DECISION-MAKING IS NEEDED BECAUSE OF THE
POSSIBILITY OF PARTICULARLY SIGNIFICANT EFFECTS ON MATTERS OF CITIZEN
CONCERN, AS INDICATED BY ONE OR MORE OF THE FOLLOWING:
(A) SIGNIFICANT CHANGE IN LAND USE OR IMPACT ON ENVIRONMENTALLY
SENSITIVE AREAS;
(B) SIGNIFICANT INCREASE IN THE CAPACITY OF TREATMENT FACILITIES OR
INTERCEPTORS, SIGNIFICANT INCREASE IN SEWERED AREA, OR CONSTRUCTION OF
WHOLLY NEW TREATMENT AND CONVEYANCE SYSTEMS;
(C) SUBSTANTIAL TOTAL COST TO THE COMMUNITY OR SUBSTANTIAL INCREASED
COST TO USERS (I.E., COST NOT REIMBURSED UNDER THE GRANT);
(D) SIGNIFICANT PUBLIC OCNTROVERYSY;
(E) SIGNIFICANT IMPACT ON LOCAL POPULATION GROWTH OR ECONOMIC GROWTH;
(F) SUBSTANTIAL OPPORTUNITY FOR IMPLEMENTATION OF INNOVATIVE OR
ALTERNATIVE WASTEWATER TREATMENT TECHNOLOGIES OR SYSTEMS.
(2) THE GRANTEE SHALL INITIATE A FULL-SCALE PUBLIC PARTICIPATION
PROGRAM AS SOON AS THE DETERMINATION IN PARAGRAPH (C)(1) OF THIS SECTION
IS MADE. GENERALLY, THE DETERMINATION SHOULD BE MADE BEFORE OR AT THE
TIME OF AWARD OF THE STEP 1 GRANT. HOWEVER, IF THE REGIONAL
ADMINISTRATOR'S DETERMINATION UNDER PARAGRAPH (C)(1) OF THIS SECTION TO
REQUIRE A FULL-SCALE PUBLIC PARTICIPATION PROGRAM OCCURS AFTER
INITIATION OF FACILITIES PLANNING BECAUSE OF NEWLY DISCOVERED
CIRCUMSTANCES, THE GRANTEE SHALL INITIATE AND EXPANDED PUBLIC
PARTICIPATION PROGRAM AT THAT POINT. THE REGIONAL ADMINISTRATOR SHALL
ASSURE THAT THE EXPANDED PROGRAM IS AT LEAST AS INCLUSIVE AS A NORMAL
FULL-SCALE PUBLIC PARTICIPATION PROGRAM, EXCEPT FOR CONSTRAINTS IMPOSED
BY FACILITIES PLANNING ACTIVITIES THAT HAVE ALREADY BEEN COMPLETED. IF
THE PROJECT IS SEGMENTED, THE REGIONAL ADMINISTRATOR SHALL LOOK AT THE
PROJECT AS A WHOLE WHEN CONSIDERING WHETHER TO REQUIRE A FULL-SCALE
PUBLIC PARTICIPATION PROGRAM.
(3) IN CONDUCTING THE FULL-SCALE PUBLIC PARTICIPATION PROGRAM, THE
GRANTEE SHALL AT A MINIMUM;
(I) INSTITUTE AND MAINTAIN, THROUGHOUT THE FACILITIES PLANNING
PROCESS, A PUBLIC INFORMATION PROGRAM, IN ACCORDANCE WITH 40 CFR 25.4
AND SECTION 35.917-5(A);
(II) NOTIFY AND CONSULT WITH THE PUBLIC, DURING THE DEVELOPMENT OF
THE PLAN OF STUDY, ABOUT THE NATURE AND SCOPE OF THE PROPOSED FACILITIES
PLANNING PROJECT. EPA ENCOURAGES THE GRANTEE TO CONSULT WITH THE PUBLIC
IN THE SELECTION OF THE PROFESSIONAL CONSULTING ENGINEER;
(III) INCLUDE, IN THE PALN OF STUDY SUBMITTED WITH THE STEP 1 GRANT
APPLICATION, BRIEF OUTLINE OF THE PUBLIC PARTICIPATION PROGRAM, NOTING
THE PROJECTED STAFF AND BUDGET RESOURCES WHICH WILL BE DEVOTED TO PUBLIC
PARTICIPATION, A PROPOSED SCHEDULE FOR PUBLIC PARTICIPATION ACTIVITIES,
TYPES OF INFORMATION AND CONSULTATION MECHANISMS THAT WILL BE USED, AND
THE SEGMENTS OF THE PUBLIC THAT THE GRANTEE HAS TARGETED FOR
INVOLVEMENT;
(IV) DESIGNATE OR HIRE A PUBLIC PARTICIPATION COORDINATOR AND
ESTABLISH AN ADVISORY GROUP, IN ACCORDANCE WITH 40 CFR 25.7, IMMEDIATELY
UPON ACCEPTANCE OF THE STEP 1 GRANT AWARD.
(V) SUBMIT TO EPA, WITHIN 45 DAYS AFTER THE DATE OF ACCEPTANCE OF THE
STEP 1 GRANT AWARD AND AFTER CONSULTATION WITH THE ADVISORY GROUP, A
BRIEF PUBLIC PARTICIPATION WORK PLAN. IN ADDITION TO MEETING THE
REQUIREMENTS OF 40 CFR 25.11, THE WORK PLAN SHALL DESCRIBE THE METHOD OF
COORDINATION BETWEEN THE APPROPRIATE WATER QUALITY MANAGEMENT AGENCY
PUBLIC PARTICIPATION PROGRAM UNDER SUBPART G OF THIS PART, AND THE
GRANTEE'S PUBLIC PARTICIPATION PROGRAM AS REQUIRED BY 40 CFR
35.917-5(E). THE GRANTEE SHALL DISTRIBUTE THE WORK PLAN, ACCOMPANIED BY
A FACT SHEET ON THE PROJECT, TO GROUPS AND INDIVIDUALS WHO MAY BE
INTERESTED IN OR AFFECTED BY THE PROJECT. THE FACT SHEET SHALL DESCRIBE
THE NATURE, SCOPE AND LOCATION OF THE PROJECT; IDENTIFY THE CONSULTING
ENGINEER AND GRANTEE STAFF CONTACT; AND INCLUDE A PRELIMINARY ESTIMATE
OF THE TOTAL COSTS OF THE PROJECT, INCLUDING DEBT SERVICE AND OPERATION
AND MAINTENANCE, AND OF THE RESULTING COSTS TO EACH AFFECTED HOUSEHOLD;
(VI) HOLD A PUBLIC MEETING TO CONSULT WITH THE PUBLIC, IN ACCORDANCE
WITH 40 CFR 25.6 EARLY IN THE FACILITIES PLANNING PROCESS WHEN ASSESSING
THE EXISTING AND FUTURE SITUATIONS, AND IDENTIFYING AND SCREENING
ALTERNATIVES, BUT BEFORE SELECTION OF ALTERNATIVES FOR EVALUATION
ACCORDING TO THE COST-EFFECTIVENESS ANALYSIS GUIDELINES (SEE APPENDIX A,
COST-EFFECTIVENESS ANALYSIS GUIDELINES, PARAGRAPH 5). FOLLOWING THE
PUBLIC MEETING, THE GRANTEE SHALL PREPARE AND DISTRIBUTE A
RESPONSIVENESS SUMMARY, IN ACCORDANCE WITH 40 CFR 25.8;
(VII) HOLD A PUBLIC MEETING TO CONSULT WITH THE PUBLIC, IN ACCORDANCE
WITH 40 CFR 25.6, WHEN ALTERNATIVES ARE LARGELY DEVELOPED BUT BEFORE AN
ALTERNATIVE OR PLAN HAS BEEN SELECTED, AND THEM PREPARE AND CIRCULATE A
RESPONSIVENESS SUMMARY, IN ACCORDANCE WITH 40 CFR 25.8;
(VIII) HOLD A PUBLIC HEARING PRIOR TO FINAL ADOPTION OF THE
FACILITIES PLAN, IN ACCORDANCE WITH 40 CFR 25.5. THIS PUBLIC HEARING
MAY BE HELD IN CONJUNCTION WITH THE PUBLIC HEARING ON THE DRAFT
ENVIRONMNETAL IMPACT STATEMENT UNDER 40 CFR 6.
(IX) INCLUDE, IN THE FINAL FACILITIES PLAN, A FINAL RESPONSIVENESS
SUMMARY, IN ACCORDANCE WITH 40 CFR 25.8.
(D) EXEMPTIONS FROM PUBLIC PARTICIPATION REQUIREMENTS, (1) UPON
WRITTEN REQUEST OF THE GRANTEE, THE REGIONAL ADMINISTRATOR MAY EXEMPT
PROJECTS IN WHICH ONLY MINOR UPGRADING OF TREATMENT WORKS OR MINOR SEWER
REHABILITATION IS ANTICIPATED ACCORDING TO THE STATE PROJECT PRIORITY
LIST FROM THE REQUIREMENTS OF THE BASIC AND FULL-SCALE PUBLIC
PARTICIPATION PROGRAMS UNDER PARAGRAPHS (B) AND (C) OF THIS SECTION,
EXCEPT FOR THE PUBLIC HEARING AND PUBLIC DISCLOSURE OF COSTS. BEFORE
GRANTING ANY EXEMPTION, THE REGIONAL ADMINISTRATOR SHALL ISSUE A PUBLIC
NOTICE OF INTENT OT WAIVE THE ABOVE REQUIREMENTS CONTAINING THE FACTS OF
THE SITUATION AND SHALL ALLOW 30 DAYS FOR RESPONSE. IF RESPONSES
INDICATE THAT SERIOUS LOCAL ISSUES EXIST, THEN THE REGIONAL
ADMINISTRATOR SHALL DENY THE EXEMPTION REQUEST.
(2) DURING THE FACILITIES PLANNING PROCESS, IF THE REGIONAL
ADMINISTRATOR DETERMINES THAT THE PROJECT NO LONGER MEETS THE EXEMPTION
CRITERIA STATED ABOVE, THE GRANTEE, IN CONSULTATION WITH THE REGIONAL
ADMINISTRATOR, SHALL UNDERTAKE PUBLIC PARTICIPATION ACTIVITIES
COMMENSURATE WITH THE APPROPRIATE PUBLIC PARTICIPATION PROGRAM BUT
ADJUSTED FOR CONSTRAINTS IMPOSED BY FACILITIES PLANNING ACTIVITIES THAT
HAVE ALREADY BEEN COMPLETED.
(3) IF A PROJECT IS SEGMENTED, THE REGIONAL ADMINISTRATOR SHALL LOOK
AT THE PROJECT AS A WHOLE WHEN CONSIDERING ANY PETITION FOR EXEMPTION.
(E) RELATIONSHIP BETWEEN FACILITIES PLANNING AND OTHER ENVIRONMENTAL
PROTECTION PROGRAMS. WHERE POSSIBLE, THE GRANTEE SHALL FURTHER THE
INTEGRATION OF FACILITIES PLANNING AND RELATED ENVIRONMENTAL PROTECTION
PROGRAMS BY COORDINATING THE FACILITIES PLANNING PUBLIC PARTICIPATION
PROGRAM WITH PUBLIC PARTICIPATION ACTIVITIES CARRIED OUT UNDER OTHER
PROGRAMS. AT A MINIMUM, THE GRANTEE SHALL PROVIDE FOR A FORMAL LIAISON
BETWEEN THE FACILITIES PLANNING ADVISORY GROUP (OR THE GRANTEE, WHERE
THERE IS NO ADVISORY GROUP) AND ANY AREAWIDE ADVISORY GROUP ESTABLISHED
UNDER SUBPART G OF THIS PART. THE REGIONAL ADMINISTRATOR MAY REQUEST
REVIEW OF THE FACILTIES PLAN BY ANY APPROPRIATE STATE OR AREAWIDE
ADVISORY GROUP IN ASSOCIATION WITH THE FACILITIES PLAN REVIEW REQUIRED
BY 40 CFR 35.1522.
(F) MID-PROJECT EVALUATION. IN ACCORDANCE WITH 40 CFR 25.12 (A)(2),
EPA SHALL, IN CONJUNCTION WITH OTHER REGULAR OVERSIGHT RESPONSIBILITIES,
CONDUCT A MID-PROJECT REVIEW OF COMPLIANCE WITH PUBLIC PARTICIPATION
REQUIREMENTS.
4. 40 CFR PART 35 SUBPART E IS AMENDED BY REVISING SECTION
35.921-3(A)(1), AND BY ADDING A NEW SUBPARAGRAPH (10) TO SECTION
35.921-3(B), AND BY ADDING A NEW SUBPARAGRAPH (5) TO SECTION 35.920-3(C)
TO READ AS FOLLOWS:
(A) * * *
(1) A PLAN OF STUDY PRESENTING
(I) THE PROPOSED PLANNING AREA;
(II) AN IDENTIFICATION OF THE ENTITY OR ENTITIES THAT WILL BE
CONDUCTING THE PLANNING;
(III) THE NATURE AND SCOPE OF THE PROPOSED STEP 1 PROJECT AND PUBLIC
PARTICIPATION PROGRAM, INCLUDING A SCHEDULE FOR THE COMPLETION OF
SPECIFIC TASKS;
(IV) AN ITEMIZED DESCRIPTION OF THE ESTIMATED COSTS FOR THE PROJECT;
AND
(V) ANY SIGNIFICANT PUBLIC COMMENTS RECEIVED.
(B) * * *
(10) A PUBLIC PARTICIPATION WORK PLAN, IN ACCORDANCE WITH SECTION
35.917-5(G), IF THE GRANTEE, AFTER CONSULTATION WITH THE PUBLIC AND ITS
ADVISORY GROUP (IF ONE EXISTS), DETERMINES THAT ADDITIONAL PUBLIC
PARTICIPATION ACTIVITIES ARE NECESSARY.
(C) * * *
(5) A PUBLIC PARTICIPATION WORK PLAN, IN ACCORDANCE WITH SECTION
35.917-5(G), IF THE GRANTEE DETERMINES, AFTER CONSULTATION WITH THE
PUBLIC, THAT ADDITIONAL PUBLIC PARTICIPATION ACTIVITIES ARE NECESSARY.
5. 40 CFR PART 35 SUBPART E IS AMENDED BY REVISING SECTION
35.928-1(1)(H) TO READ AS FOLLOWS:
(H) ADOPTION OF SYSTEM. ONE OR MORE MUNICIPAL LEGISLATIVE ENACTMENTS
OR OTHER APPROPRIATE AUTHORITY MUST INCORPORATE THE INDUSTRIAL COST
RECOVERY SYSTEM. IF THE PROJECT IS A REGIONAL TREATMENT WORKS ACCEPTING
WASTE-WATERS FROM OTHER MUNICIPALITIES, THE SUBSCRIBERS RECEIVING WASTE
TREATMENT SERVICES FROM THE GRANTEE SHALL ADOPT INDUSTRIAL COST RECOVERY
SYSTEMS IN ACCORDANCE WITH SECTION 204(B)(1)(B) OF THE ACT WITH SECTIONS
35.928 THROUGH 35.928.
4. THESE INDUSTRIAL COST RECOVERY SYSTEMS SHALL ALSO BE INCORPORATED
IN APPROPRIATE MUNICIPAL LEGISLATIVE ENACTMENTS OR OTHER APPROPRIATE
AUTHORITY OF ALL MUNICIPALITIES CONTRIBUTING WASTES TO THE TREATMENT
WORKS. THE PUBLIC SHALL BE CONSULTED PRIOR TO ADOPTION OF THE
INDUSTRIAL COST RECOVERY SYSTEM, IN ACCORDANCE WITH 40 CFR PART 25.
6. 40 CFR PART 35 SUBPART E IS AMENDED BY REVISING SECTION 35.929(E)
TO READ AS FOLLOWS:
(E) ADOPTION OF SYSTEM. ONE OR MORE MUNICIPAL LEGISLATIVE ENACTMENTS
OR OTHER APPROPRIATE AUTHORITY MUST INCORPORATE THE USER CHARGE SYSTEM.
IF THE PROJECT IS A REGIONAL TREATMENT SYSTEM ACCEPTING WASTEWATERS FROM
OTHER MUNICIPALITIES, THE SUBSCRIBERS RECEIVING WASTE TREATMENT SERVICES
FROM THE GRANTEE SHALL ADOPT USER CHARGE SYSTEMS IN ACCORDANCE WITH
SECTION 204 (B)(1)(A) OF THE ACT AND SECTIONS 35.929 THROUGH 35.929-3.
THESE USER CHARGE SYSTEMS SHALL ALSO BE INCORPORATED IN APPROPRIATE
MUNICIPAL LEGISLATIVE ENACTMENTS OR OTHER APPROPRIATE AUTHORITY OF ALL
MUNICIPALITIES CONTRIBUTING WASTES TO THE TREATMENT WORKS. THE PUBLIC
SHALL BE INFORMED OF THE FINANCIAL IMPACT OF THE USER CHARGE SYSTEM ON
THEM AND SHALL BE CONSULTED PRIOR TO ADOPTION OF THE SYSTEM, IN
ACCORDANCE WITH 40 CFR, PART 25.
7. 40 CFR PART 35 SUBPART E IS AMENDED BY ADDING A NEW PARAGRAPH (T)
TO SECTION 35.940-1 TO READ AS FOLLOWS:
(T) REASONABLE COSTS OF PUBLIC PARTICIPATION INCURRED BY GRANTEES
WHICH ARE IDENTIFIED IN A PUBLIC PARTICIPATION WORK PLAN, OR WHICH ARE
OTHERWISE APPROVED BY EPA, SHALL BE ALLOWABLE.
(FR DOC. 79-5018 FILED 2-15-79; 8:45 AM)
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION RESEARCH AND SANCTUARIES ACT
FEDERAL REGISTER, VOL 44 NO 34
PUBLIC PARTICIPATION IN PROGRAMS UNDER RCRA SAFE DRINKING WATER ACT AND CLEAN WATER ACT PART 5
790216
PART 001 OF 6
EPA
113064
SENATE
HEARINGS
TRANSCRIPT
REGULATIONS
ATTACHMENT TO 08113050 PARENT DOCUMENT.
AGENCY: ENVIRONMENTAL PROTECTION AGENCY.
ACTION: RULE.
SUMMARY: THESE REGULATIONS ARE INTENDED TO ENCOURAGE, PROVIDE FOR,
AND ASSIST PUBLIC PARTICIPATION UNDER THE RESOURCE CONSERVATION AND
RECOVERY ACT, THE SAFE DRINKING WATER ACT, AND THE CLEAN WATER ACT.
THEY REPLACE EXISTING REGULATIONS FOR PUBLIC PARTICIPATION IN WATER
PROGRAMS AND INTERIM FINAL REGULATIONS FOR PUBLIC PARTICIPATION IN SOLID
WASTE MANAGEMENT. THE REGULATIONS INCLUDE GENERAL PROVISIONS WHICH
REQUIRE OPEN PROCESSES OF GOVERNMENT AND EFFORTS TO PROMOTE PUBLIC
AWARENESS IN THE COURSE OF MAKING DECISIONS IN PROGRAMS AND ACITVITIES
UNDER THE THREE ACTS. ALSO INCLUDED ARE REQUIREMENTS WHICH APPLY TO
SPECIFIC PUBLIC PARTICIPATION MECHANISMS, SUCH AS PUBLIC HEARINGS AND
ADVISORY GROUPS. THESE REGULATIONS DO NOT REQUIRE THE USE OF THE
SPECIFIC MECHANISMS. THE MECHANISMS MUST BE USED ONLY IF THEY ARE
REQUIRED IN PROGRAM REGULATIONS. PUBLIC PARTICIPATION REGULATIONS FOR
ONE COVERED PROGRAM ARE BEING PROMULGATED SIMULTANEOUSLY WITH THESE
REGULATIONS. THEY ARE REGULATIONS GOVERNING PUBLIC PARTICIPATION INTHE
MUNICIPAL WASTEWATER TREATMENT FACILITY CONSTRUCTION GRANTS PROGRAM
UNDER THE CLEAN WATER ACT. THESE REGULATIONS APPEAR ELSEWHERE IN THIS
ISSUE OF THE FEDERAL REGISTER.
DATES: THESE REGULATIONS ARE EFFECTIVE ON FEBRUARY 16, 1979, EXCEPT
AS OTHERWISE SPECIFIED IN SECTION 25.2.
ADDRESSES: COMMENTS SUBMITTED ON THESE REGULATIONS MAY BE INSPECTED
AT THE PUBLIC INFORMATION REFERENCE UNIT, EPA HEADQUARTERS, ROOM 2922,
WATERSIDE MALL, 401 M STREET, SW., WASHINGTON, D.C. BETWEEN 8:00 A.M.
AND 4:30 P.M. ON BUSINESS DAYS.
FURTHER INFORMATION CONTACT: LEE DANEKER, OFFICE OF WATER AND WASTE
MANAGEMENT (WH 556), ENVIRONMENTAL PROTECTION AGENCY, 401 M STREET,
S.W., WASHINGTON, D.C. 20460, TELEPHONE 202-755-7638.
SUPPLEMENTARY INFORMATION: EPA HAS RECEIVED A SIGNIFICANT VOLUME OF
THOUGHTFUL CRITICISM OF ITS PERFORMANCE IN IMPLEMENTING ITS LEGAL PUBLIC
PARTICIPATION MANDATES AND ITS MORE GENERAL RESPONSIBILITY TO INVOLVE
THE PUBLIC IN SIGNIFICANT GOVERNMENTAL DECISIONS. THIS CRITICISM HAS
BEEN STIMULATED IN PART BY THE DESIRE OF CITIZENS TO BE ACTIVE IN
SHAPING GOVERNMENT PROGRAMS WHICH AFFECT THEIR LIVES AND ALSO BY THE
GROWING NEED FOR GOVERNMENTAL UNITS AT ALL LEVELS TO PARTICIPATE IN THE
PROGRAMS OF OTHER GOVERNMENTAL ENTITIES. GOVERNMENT DECISION-MAKERS
HAVE BECOME INCREASINGLY AWARE OF THE CAPABILITY OF CITIZENS TO MAKE
CONSTRUCTIVE USE OF OPPORTUNITIES FOR INVOLVEMENT. THIS NEW AWARENESS
HAS BEEN ACCOMPANIED BY INCREASED PRACTICAL EXPERIENCE IN USING
APPROACHES AND TECHNIQUES TO FACILITATE CITIZEN INVOLVEMENT.
IN RESPONSE TO THE CIRCUMSTANCES DISCUSSED BRIEFLY ABOVE, THE EPA
PERCEIVED A NEW OPPORTUNITY TO BETTER DEFINE PUBLIC PARTICIPATION
REQUIREMENTS. TO ELIMINATE UNNECESSARY REQUIREMENTS, AND TO ASSURE
CONSISTENCY OF REQUIREMENTS UNDER THE RESOURCE CONSERVATION AND RECOVERY
ACT,TE SAFE DRINKING WATER ACT, AND THE CLEAN WATER ACT. THIS EFFORT IS
INTENDED TO FOSTER IMPROVED PUBLIC INVOLVEMENT IN GOVERNMENTAL DECISIONS
BY CLARIFYING THE RIGHTS AND RESPONSBILITIES OF POTENTIAL PARTICIPANTS
AND THOSE RESPONSBIEL FOR ADMINISTERING PUBLIC PARTICIPATION PROGRAMS.
THIS WILL LEAD TO BETTER DECISIONS, MORE SATISFACTORY OPPORTUNITIES FOR
CITIZENS TO ENCOURAGE ECONOMY IN GOVERNMENT, AND GREATER PUBLIC
CONFIDENCE IN GOVERNMENT BECAUSE DECISIONS HAVE BEEN MADE WITH
PARTICIPATION BY INTERESTED CITIZENS. IT WILL ALSO ENCOURAGE BETTER
RELATIONS AMONG UNITS OF GOVERNMENT WHICH OFTEN FIND THEMSELVES IN A
DUAL ROLE OF PARTICIPATING IN PROGRAMS OF OTHER AGENCIES AS WELL AS
ADMINISTERING PARTICIPATION PROGRAMS OF THEIR OWN.
EPA DEVELOPED A SET OF CONCEPT PAPERS FOR IMPROVED PUBLIC
PARTICIPATION REQUIREMENTS UNDER THE THREE ACTS AND MADE THEM PUBLIC IN
EARLY MARCH 1978. THESE CONCEPT PAPERS WERE CIRCULATED TO APPROXIMATELY
7,000 INTERESTED PARTIES INCLUDING MORE THAN 3,000 WHO WERE MAILED DRAFT
CONSTRUCTION GRANTS PROGRAM REGULATIONS DATED MARCH 3, 1978. THE AGENCY
HELD TWO PUBLIC MEETINGS TO RECEIVE COMMENT ON THE CONCEPT PAPERS, MET
WITH EPA STAFF IN ALL TEN EPA REGIONS, RECEIVED NUMEROUS VERBAL COMMENTS
TELEPHONED TO THE AGENCY, AND MET WITH SEVERAL OUTSIDE INTEREST GROUPS
INCLUDING REPRESENTATIVES OF SEVERAL STATES AND MUNICIPALITIES AND WITH
REPRESENTATIVES OF THE ASSOCIATION OF STATE AND INTERSTATE WATER
POLLUTION CONTROL AGENCIES.
AS A RESULT OF THESE OUTREACH ACTIVITIES, THE EPA RECEIVED MORE THAN
800 WRITTEN COMMENTS ON THE CONCEPT PAPERS. AFTER CONSIDERING ALL
COMMENTS, EPA REVISED THE CONCEPT PAPERS, AND PUBLISHED THEM IN THE
FEDERAL REGISTER ON AUGUST 7, 1978, AS PROPOSED REGULATIONS. THE AGENCY
PROVIDED 60 DAYS FOR PUBLIC COMMENT, HELD A PUBLIC MEETING TO RECEIVE
COMMENTS IN SAN FRANCISCO ON SEPTEMBER 21, 1978, HELD A PUBLIC HEARING
ON THE PROPOSED REGULATIONS IN WASHINGTON, D.C. ON SEPTEMBER 26, AND
PROVIDED 56 HOURS OF TOLL-FREE TELEPHONE TIME TO FACILITATE THE
SUBMISSION OF COMMENTS FROM INDIVIDUALS FROM ALL PARTS OF THE NATION.
EPA INSTITUTED THE TOLL-FREE LINE FOR SUBMITTING COMMENTS AS AN
ALTERNATIVE TO HOLDING HEARINGS OR MEETINGS ON THE PROPOSED REGULATIONS
IN OTHER PARTS OF THE COUNTRY. MANY COMMENTERS EXPRESSED STRONG
APPROVAL OF THE TOLL-FREE LINE, ESPECIALLY THOSE WHO LACKED THE
RESOURCES TO TRAVEL READILY AND THEREFORE WOULD HAVE BEEN UNLIKELY TO
ATTEND HEARINGS IN OTHER CITIES. SOME CRITICISM OF OUR FAILURE TO HOLD
HEARINGS THROUGHOUT THE COUNTRY WAS ALSO EXPRESSED.
EPA RECEIVED MORE THAN 300 COMMENTS BY OCTOBER 6, 1978, THE DATE ON
WHICH THE OFFICIAL RECORD CLOSED. APPROXIMATELY 125 OF THESE WERE
RECEIVED OVER THE TOLL-FREE LINE. FIFTEEN WITNESSES TESTIFIED AT THE
SEPTEMBER 26 PUBLIC HEARING. ADDITIONAL COMMENTS RECEIVED AFTER OCTOBER
RESULTED IN A TOTAL OF MORE THAN 500 COMMENTS. A REVIEW OF THE COMMENTS
BY AFFILIATION INDICATES THAT THE PUBLIC INVOLVEMENT EFFORT SUCCEEDED IN
STIMULATING A BALANCED AND DIVERSE RECORD. MAJOR SEGMENTS OF THE PUBLIC
WHICH WERE WELL REPRESENTED INCLUDE STATES, SUBSTATE AGENCIES AND UNITS
OF GOVERNMENT, ECONOMIC INTERESTS, PLANNERS, ENIGNEERS, PRIVATE
CITIZENS, PUBLIC INTEREST GROUPS, AND ENVIRONMENTAL GROUPS.
ALL COMMENTS INCLUDING THOSE RECEIVED SHORTLY AFTER OCTOBER 6, WERE
REVIEWED AND CONSIDERED IN DEVELOPING THE FINAL REGULATIONS.
VIRTUALLY ALL COMMENTERS SUPPORTED THE INTENT OF THE EPA EFFORT AND
THE OBJECTIVES O- THE REGULATIONS. IN GENERAL, THOSE WHO COMMENTED
PRIMARILY FROM THE PERSPECTIVE FOR FORMERS, CURREST OR PROSPECTIVE
PARTICIPANTS IN EPA PROGRAMS WERE SUPPORTIVE OF THE PROPOSED REGULAITONS
BUT CIRTICAL OF THE AGENCY FOR RELAXING THE REGULATIONS RELATIVE TO THE
MARCH CONCEPT PAPERS. IN MANY CASES THESE COMMENTERS CALLED FOR A
RETURN TO THE MORE STRINGENT APPROACH OF THE CONCEPT PAPERS, FOR MORE
SPECIFICITY AND ADDITIONAL REQUIREMENTS, AND FOR LIMITATIONS ON
DISCRETION AND FLEXIBILITY. MANY OFTHESE COMMENTERS CITED PROBLEMS
WHICH THEY HAD EXPERIENCED WITH THE PUBLIC PARTICIPATION PERFORMANCE OF
EPA AND UNITS OF GOVERNMENT AT OTHER LEVELS.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION RESEARCH AND SANCTUARIES ACT
FEDERAL REGISTER, VOL 44 NO 34
PUBLIC PARTICIPATION IN PROGRAMS UNDER RCRA SAFE DRINKING WATER ACT AND CLEAN WATER ACT PART 5
790216
PART 002 OF 6
EPA
113065
SENATE
HEARINGS
TRANSCRIPT
REGULATIONS
ATTACHMENT TO 08113050 PARENT DOCUMENT.
THEY POINTED OUT THAT THE ESTABLISHMENT OF CLEAR, FIRM REQUIREMENTS
WOULD BE ONE OF THE MOST EFFECTIVE ACTIONS WHICH EPA COULD TAKE TO
GENERATE PUBLIC INTEREST AND PARTICIPATION. IN CONTRAST, MANY, ALTHOUGH
NOT ALL, OF THOSE COMMENTING AS REPRESENTATIVES OF IMPLEMENTING AGENCIES
EXPRESSED CONCERN THAT THE REGULATIONS WERE TO RIGID AND DETAILED AND
WOULD OFFER TOO MANY OPPORTUNITIES TO STOP PROJECTS OR TO TAKE LEGAL
ACTION ON MINOR PROCEDURAL ISSUES. THESE COMMENTERS CALLED FOR A
FURTHER RELAXATION OF REQUIREMENTS, ELIMINATION OF DETAIL, AND PROVISION
OF ADDITIONAL FLEXIBILITY. IN MANY INSTANCES, THESE COMMENTERS
RECOGNIZED THE FLEXIBILITY WHICH HAD BEEN INTRODUCED RELATIVE TO THE
MARCH CONCEPT PAPERS, BUT INDICATED THAT THE CHANGES WERE NOT
SUFFICIENT. SOME COMMENTERS CALLED FOR EAP TO ELIMINATE ALL
REQUIREMENTS AND INSTEAD TO LIMIT ITSELF TO SETTING OBJECTIVES
("PERFORMANCE STANDARDS") WHICH COULD BE FULFILLED THORUGH A VARIETY OF
MECHANISMS. IN SUPPORT OF PERFORMANCE STANDARDS, MANY ELECTED OFFICIALS
OR THEIR REPRESENTATIVES COMMENTED THAT THE MORE GENERAL PERFORMANCE
STANDARD APPROACH WOULD MAINTAIN AND PROTECT THE AUTHORITY OF STATE AND
LOCAL OFFICIALS FROM FEDERAL ENCROACHMENT.
EPA AGREES THATTHE REGULATIONS SHOULD PROVIDE MAXIMUM FLEXIBILITY AND
DISCRETION TO IMPLEMENTING AGENCIES AND SHOULD NOT INFRINGE IMPROPERLY
UPON THE AUTHORITY OF OTHER GOVERNMENTAL UNITS. THE AGENCY IS ALSO
SENTISTIVE TO THOSE WHO ACCURATELY POINTED OUT THE STRONG POSITIVE
RELATIONSHIP BETWEEN FIRM REQUIREMENTS, CREDIBLE PUBLIC PARTICIPATION
EFFORTS, AND THE WILLINGNESS OF THE PUBLIC TO PARTICIPATE. IN REVISING
THE PROPOSED PART 25, EPA HAS ATTEMPTED TO PROVIDE FLEXIBILITY WHEREVER
IT WOULD NOT INTERFERE WITH PUBLIC INVOLVEMENT. IN A LIMITED NUMBER OF
INSTANCES WHERE IT APPEARED NECESSARY AND JUSTIFIED, EPA HAS OPTED FOR
MORE SPECIFIC REQUIREMENTS. IN GENERAL, THE FINAL PART 25 MOVES IN THE
DIRECTION OF FEWER SPECIFIC REQUIREMENTS THAN THE PROPOSED VERISON. THE
FOLLOWING IS A LIST OF CHANGES IN THE FINAL REGULATIONS WHICH HAVE
PROVIDED INCREASED FLEXIBILITY AND DISCRETION RELATIVE TO THE PROPOSED
PART 25, EXISTING PART 105 (PUBLIC PARTICIPATION IN WATER PROGRAMS) AND
INTERIM FINAL PART 249 (PUBLIC PARTICIPATION IN SOLID WASTE MANAGEMENT):
1. EPA NON-POLICY RULEMAKING WAS COVERED IN PROPOSED PART 25. IT IS
SPECIFICALLY EXCLUDED FROM FINAL PART 25.
2. ACTIVITIES COVERED BY PART 105 BUT EXCLUDED, EXCEPT AS
DISCRETIONARY ELEMENTS, FROM THE PBULIC PARTICIPATION REQUIREMENTS OF
FINAL PART 25 ARE AS FOLLOWS: 40 CFR PART 33 (SUBAGREEMENTS), PART 39
(LOAN GUARANTEES FOR CONSTRUCTION OF TREATMENT WORSK), PART 40 (RESEARCH
AND DEVELOPMENT GRANTS), PART 45 (TRAINING GRANTS AND MANPOWER
FORCASTING) AND PART 46 (FELLOWSHIP).
3. FINAL PART 25 ELIMINATES THE ANNUAL STATE REPORT ON PUBLIC
PARTICIPATION REQUIRED BY PART 105.3.
4. PART 105.3(A) AND (C) REQUIRE THAT INFORMATIONAL MATERIALS BE
MAILED DIRECTLY TO PERSONS ON EACH AGENCY'S MAILING LIST. PART 249.4
(B) AND (C) REQUIRED PERIODIC DISSEMINATION OF INFORMATIONAL MATERIALS.
FINAL PART 25.4 (B) REQUIRES ONLY THAT NOTICE OF THE AVAILABILITY OF
MATERIALS BE MAILED, RATHER THAN THE MATERIALS THEMSELVES OR SUMMARIES
OF THE MATERIALS.
5. PART 105.4 (D), PART 249.4 (C) AND PROPOSED PART 25.3 (C)
REQUIRED NOTICES AND INFORMATIONAL MATERIALS TO BE SENT TO THE ENTIRE
AGENCY MAILING LIST. FINAL PART 25.4 (B SYMBOL OMITTED 5) PERMITS
SEGMENTING OF THE LIST AND MIALING NOTCIES OF EVENTS (OR OF AVAILABILITY
OF MATERIALS) ONLY TO APPROPRIATE PORTIONS OF THE LIST.
6. THE REQUIREMENT OF PART 105.4 (B) AND PART 249. 4(D), FOR EACH
AGENCY TO HAVE "STANDING ARRANGEMENTS" FOR CONSULTATION WITH THE PUBLIC,
IS DELETED FROM FINAL PART 25; ALTHOUGH PART 25 CONTINUES TO REQUIRE
CONSULTATION ON SIGNIFICANT DECISIONS.
7. THE REQUIREMENT OF PART 105.4 (E), THAT COPYING FACILITIES BE
AVAILABLE AT INFORMATION DEPOSITORIES, IS CHANGED TO A RECOMMENDATION IN
FINAL PART 25.4 (B SYMBOL OMITTED 3). PART 249.4 (F) AND (I) REQUIRED
THAT INFORMATION ON THE AVAILABILITY OF COPYING FACILITIES AT CONVENIENT
LOCATIONS AND AT REASONABLE COST TO THE PUBLIC BE AVAILABLE. THIS
REQUIREMENT IS DELETED.
8. THE RECOMMENDATION IN PROPOSED PART 25.3 (B), THAT AGENCIES
TARGET INFORMATIONAL MATERIALS TO SPECIFIC SEGMENTS OF THE PUBLIC, IS
CHANGED IN FINAL PART 25.4 (B SYMBOL OMITTED 2) TO A RECOMMENDATION TO
CONSIDER PREPARING TARGETED MATERIALS.
9. PROPOSED PART 25. 3 (B) REQUIRED THAT "RELEVANT" DOCUMENTS BE
PLACED IN INFORMATION DEPOSITORIES. PART 249 (F) REQUIRED THAT AGENCIES
SHALL PROVIDE, EITHER DIRECTLY OR THROUGH OTHERS, IN CONVENIENT
LOCATIONS, ONE OR MORE PUBLIC COLLECTIONS OF SOLID AND HAZARDOUS WASTE
MANAGEMENT REPORTS PERTINENT TO THE GEOGRAPHIC AREA. FINAL PART 25.4 (B
SYMBOL OMITTED 3) LIMITS THE DOCUMENTS THAT MUST BE PLACE IN
DEPOSITORIES TO THOSE RELATING TO SIGNIFICANT DECISIONS.
10. THE REQUIREMENT OF PART 105.7 (D), THAT PUBLIC MEETING NOTICES
BE MAILED AS SOON AS THE MEETING IS SCHEDULED IS DELETED FROM THE FINAL
PART 25.
11. THE REQUIREMENT OF PART 105.7 (D) AND PART 249.7 (D), THAT
PUBLIC HEARING NOTICES BE MAILED AS SOON AS THE HEARING IS SCHEDULED, IS
DELETED FROM THE FINAL PART 25.
12. THE REQUIREMENT OF PART 105.7 (G) AND PART 249.7 (G) TO PUBLISH
THE HEARING AGENDA IN THE PUBLIC HEARING NOTICE IS DELETED FROM THE
FINAL PART 25.
13. PART 105.7 (C) REQUIRES THAT CASES OF DOUBT OVER WHETHER TO HOLD
A PUBLIC HEARING BE RESOLVED IN FAVOR OF HOLDING A HEARING. PART 249.7
(C) REQUIRED THAT A HEARING BE HELD IF THERE IS ANY PUBLIC INTEREST.
THESE REQUIREMENTS ARE DELETED FROM THE FINAL PART 25.
14. FINAL PART 25.5 (B) GIVES REGIONAL ADMINISTRATORS THE AUTHORITY
TO WAIVE PUBLIC HEARING NOTICE REQUIREMENTS IN EMERGENCY SITUATIONS.
15. FINAL PART 25.5 (C) PERMITS THE AGENCY HOLDING A PUBLIC HEARING
TO PREPARE A TAPE RECORDING OR OTHER COMPLETE RECORD OF THE HEARING
INSTEAD OF A TRANSCRIPT AND MAKE IT AVAILABLE TO THE PUBLIC.
16. THE REQUIREMENT FOR FINANCIAL DISCLOSURE BY ADVISORY GROUP
MEMBERS, PROPOSED PART 25.3 (D SYMBOL OMITTED III SYMBOL OMITTED D), IS
DELETED FROM THE FINAL PART 25.
17. FINAL PART 25.7 (C) PROVIDES NEW FLEXIBILITY IN ADVISORY GROUP
MEMBERSHIP REQUIREMENTS AND PERMITS EPA TO WAIVE THOSE REQUIREMENTS FOR
GRANTEES WHICH CANNOT MEET THE REQUIREMENTS AFTER MAKING ACTIVE, GOOD
FAITH EFFORTS TO DO SO. PROPPOSED PART 25 INCLUDED A LESS FLEXIBLE
MEMBERSHIP REQUIREMENT AND MADE NO PROVISION FOR A WAIVER.
18. FINAL PART 25.10 PERMITS MODIFICATION OF THE PUBLIC
PARTICIPATION WORK PLAN WITH THE AGREEMENT OF THE REGIONAL
ADMINISTRATOR. NO PROVISION FOR MODIFYING THE WORK PLAN WAS INCLUDED IN
THE PROPOSED PART 25.
19. PUBLIC PARTICIPATION SUMMARIES ARE DELETED FROM THE FINAL PART
25 IN FAVOR OF RESPONSIVENESS SUMMARIES (SEE FINAL PART 25.11).
20. FINAL PART 25.7 (E) PROVIDES AN INCREASED STATE AND LOCAL AGENCY
ROLE IN ADVISORY GROUP TRAINING. NO STATE AND LOCAL RULE WAS PROVIDED
IN PROPOSED PART 25.
EPA BELIEVES THE BALANCE WHICH THE FINAL REGULTIONS ACHIEVE BETWEEN
FLEXIBILITY AND SPECIFICITY RECOGNIZES THE PUBLIC'S EXPRESSED DESIRE FOR
FIRM REQUIREMENTS YET RESPONDS EFFECTIVELY TO THE LEGITIMATEE CONCERN OF
POTENTIAL IMPLEMETING AGENCIES THAT THEY HAVE THE FREEDOM TO TAILOR
THEIR PROGRAMS TO SPECIFIC LOCAL, REGIONAL OR STATEWIDE NEEDS.
THE FOLLOWING SECTIONS RESPOND TO OTHER MAJOR POINTS RAISED IN
COMMENTS BY THE PUBLIC MADE IN WRITING, OVER THE TOLL-FREE LINE, AT THE
PUBLIC MEETING, AND AT THE PUBLIC HEARINGS.
1. APPLICATION OF PROPOSED PART 25 TO ALL EPA PROGRAMS. IN THE
PREAMBLE TO THE PROPOSED REGULATIONS, EPA QUESTIONED WHETHER THEY SHOULD
BE APPLIED TO ALL PROGRAMS ADMINISTERED BY EPA. PUBLIC RESPONSE TO THIS
WAS STRONGLY IN FAVOR OF CONSISTENT REQUIREMENTS FOR THE ENTIRE AGENCY.
COMMENTS INDICATED THAT INCONSISTENT REQUIREMENTS WERE A SIGNIFICANT
FACTOR IMPEDING PUBLIC INVOLVEMENT IN AGENCY PROGRAMS. EPA IS
RESPONDING TO THIS BY THE DEVELOPMENT OF AN AGENCY-WIDE POLICY ON PUBLIC
PARTICIPATION. THIS POLICY WILL REQUIRE EACH PROGRAM TO DEVELOP
REGULATIONS OR GUIDANCE IMPLEMENTING IT. THE AGENCY WILL MONITOR
PROGRAM PERFORMANCE UNDER THIS APPROACH TO DETERMINE WHETHER IT IS
SUCCESSFUL IN ACHIEVING CONSISTENT PUBLIC PARTICIPATION REQUIREMENTS AND
OPPORTUNITIES FOR THOSE SEEKING TO BECOME INVOLVED IN AGENCY PROGRAMS.
2. REQUIREMENTS WILL NOT GUARANTEE A SUCCESSFUL PUBLIC PARTICIPATION
EFFORT. MANY COMMENTERS STATED THAT REQUIREMENTS WERE NOT SUFFICIENT TO
ASSURE EFFECTIVE PUBLIC INVOLVEMENT. SOME COMMENTING AGENCIES FURTHER
STATED THAT, SINCE REQUIREMENTS WOULDNOT IN THEMSELVES BE EFFECTIVE, EPA
APPEARED TO BE DEPENDING TOO HEAVILY UPON THEM. EPA RECOGNIZES THAT
REQUIREMENTS WHILE NECESSARY, ARE ONLY ONE PART OF MAKING PUBLIC
PARTICIPATION SUCCESSFUL. EQUALLY IMPORTANT IS THE CONDUCT OF EFFECTIVE
PROGRAMS OF PUBLIC EDUCATION AS WELL AS THE ATTITUDE, ENERGY, AND
CREATIVITY WITH WHICH IMPLEMENTING AGENCIES, INCLUDING EPA, UNDERTAKE
THEIR PUBLIC PARTICIPATION RESPONSIBILITIES. ANOTHER SIGNIFICANT FACTOR
IS THE AVAILABILITY OF AGENCY STAFF KNOWLEDGEABLE ABOUT PUBLIC
PARTICIPATION TECHNIQUES. EPA IS TAKING ACTION TO MEET THIS LAST NEED
BY DEVELOPING AND CARRYING OUT A TRAINING PROGRAM IN PUBLIC
PARTICIPATION TO ENHANCE THE CAPABILITIES OF EPA, STATE AND LOCAL AGENCY
STAFF.
3. RELATIONSHIP OF PART 25 TO PROGRAM REGULATIONS AND GUIDANCE.
MANY COMMENTERS INDICATED THEIR BELIEF THAT PART 25 ESTABLISHED NEW
REQUIREMENTS THAT ADVISORY GROUPS BE FORMED AND PUBLIC HEARINGS HELD.
THIS IS NOT THE CASE. AS EXPLAINED IN THE NEW INTRODUCTORY SECTION
25.1, PART 25 ESTABLISHES GENERAL REQUIREMENTS FOR OPEN PROCESSES OF
GOVERNMENT THROUGH PUBLIC INFORMATION, PUBLIC NOTIFICATION, AND PUBLIC
CONSULTATION PRIOR TO SIGNIFICANT DECISIONS, BUT IT DOES NOT MANDATE THE
USE OF SPECIFIC PUBLIC PARTICIPATION MECHANISMS, SUCH AS ADVISORY
GROUPS, MEETINGS, AND HEARINGS. THESE ARE REQUIRED ONLY WHEN MANDATED
IN PROGRAM REGULATIONS OR SPECIFIED AT THE DISCRETION OF A RESPONSIBLE
OFFICIAL. THE FINAL SECTION OF THIS PREAMBLE INCLUDES A LISTING OF
OTHER EPA REGULATIONS WHICH HAVE BEEN OR WILL BE REVISED TO IMPLEMENT
THE REQUIREMENTS OF PART 25.
THE ROLE OF PROGRAM REGULATIONS, OR EPA POLICY GUIDANCE MEMORANDA, IN
IMPLEMENTING THE PART 25 REGULATIONS IS TO EMPHASIZE THE APPLICABILITY
OF THE GENERAL PART 25 PUBLIC INFORMAITON, NOTIFICATION AND CONSULTATION
REQUIREMENTS TO SIGNIFICANT DECISIONS IN THE AFFECTED PROGRAMS. IN SOME
INSTANCES PROGRAM REGULATIONS OR GUIDANCE WILL ALSO IDENTIFY SIGNIFICANT
DECISIONS OR PROCESSES WHERE SPECIFIC REQUIREMENTS WILL APPLY (E.G.,
HOLDING A PUBLIC MEETING OR HEARING). THE USE OF ADDITIONAL SPECIFIC
MECHANISMS AT THESE DECISION POINTS OR AT OTHER DECISIONS NOT REFERENCED
BY EPA REQUIREMENTS IS DISCRETIONARY WITH THE IMPLEMENTING AGENCY. IF
PUBLIC PARTICIPATION IS CARRIED OUT UNDER EPA GRANT, ALL REASONABLE
COSTS WILL BE GRANT ELIGIBLE IF IDENTIFIED IN A PUBLIC PARTICIPATION
WORK PLAN OR OTHERWISE APPROVED BY EPA.
OTHER EPA "GUIDANCE" WILL BE IN THE FORM OF HANDBOOKS OR MANUALS FOR
IMPLEMENTING AGENCY STAFF OR FOR THE PARTICIPATING PUBLIC. THESE ARE
INTENDED TO ASSIST THE PUBLIC AND IMPLEMENTING AGENCY STAFF BY PROVIDING
SUGGESTIONS FOR WAYS TO MEET REQUIREMENTS, SAMPLES OR MODELS OF WORK
WHICH MEETS REQUIREMENTS AND EXAMPLES OF SUCCESSFUL PUBLIC PARTICIPATION
EFFORTS.
4. APPLICATION OF PART 25 TO PROGRAMS UNDER THE SAFE DRINKING WATER
ACT. THE PUBLIC PARTICIPATION REGULATIONS ARE INTENDED TO ENCOURAGE
PUBLIC INVOLVEMENT IN THE DECISION-MAKING PROCESS IN PROGRAMS UNDER THE
RESOURCE CONSERVATIONAND RECOVERY ACT, THE CLEAN WATER ACT, AND THE SAFE
DRINKING WATER ACT. HOWEVER, NOT ALL SECTIONS ARE RELEVANT TO EVERY
PROGRAM. FOR INSTANCE, SEVERAL STATES COMMENTS REFLECTED A CONCERN THAT
THE ADVISORY GROUP REQUIREMENTS IN THE PROPOSED REGULATIONS WOULD
REQUIRE THE ESTABLISHMENT OF SUCH COMMITTEES IN PROGRAMS UNDER THE SAFE
DRINKING WATER ACT. THIS CONCERN IS UNFOUNDED. THE ADVISORY GROUP
SECTION APPLIES ONLY WHERE COMMITTEES ARE REQUIRED IN PROGRAM
REGULATIONS. NO REQUIREMENT FOR SUCH COMMITTEES APPEARS IN THE
REGULATIONS IMPLEMENTING THE SAFE DRINKING WATER ACT; NOR IS SUCH A
REQUIREMENT CONTEMPLATED.
THE REGULATIONS ALLOW FLEXIBILITY AND DISCRETION IN IMPLEMENTATION
WITHIN EACH COVERED PROGRAM. THE GUIDANCE AND REGULATION WHICH WILL BE
DEVELOPED BY THE DRINKING WATER PROGRAM, AND OTHER PROGRAMS, WILL
REFLECT OPTIONS WHICH ARE COMPATIBLE WITH EACH PROGRAM'S CAPABILITIES
AND THE OPPORTUNITIES WITHIN THE PROGRAM FOR MEANINGFUL PUBLIC
PARTICIPATION.
5. APPLICATION TO APPROVED STATE PROGRAMS. EACH OF THE THREE ACTS
DESIGNATES CERTAIN PROGRAMS WHICH CAN BE ADMINISTERED BY A STATE,
INSTEAD OF BY EPA, IF THE STATE PROGRAM MEETS CRITERIA ESTABLISHED IN
THE LAW AND EPA REGULATIONS. THE PROPOSED PART 25 INDICATED THAT EPA
WAS REQUIRED TO PROVIDE FOR PUBLIC PARTICIPATION INTHE PROCESS OF MAKING
A DETERMINATION TO APPROVE SUCH STATE PROGRAMS. IT ALSO PROVIDED THAT,
AFTER APPROVAL, THE STATE WOULD BE RESPONSIBLE FOR MEETING THE PUBLIC
PARTICIPATION REQUIREMENTS WHICH HAD BEEN THE RESPONSBILITY OF EPA.
LIKE THE PROPOSED REGULATIONS, FINAL PART 25 REQUIRES EPA TO PROVIDE FOR
PUBLIC INVOLVEMENT IN THE PROCESS OF MAKING ITS DETERMINATION REGARDING
APPROVAL OF ALL STATE PROGRAMS. HOWEVER, THE FINAL PART 25 INDICATES
THAT PUBLIC PARTICIPATION REQUIREMENTS FOR THE NPDES PERMIT PROGRAM, THE
STATE HAZARDOUS WASTE PROGRAM, THE DREDGE AND FILL PERMIT PROGRAM, AND
THE UNDERGROUND INJECTION CONTROL PROGRAM ARE CONTAINED IN THE
CONSOLIDATED PERMIT PROGRAM REGULATIONS (40 CFR PART 123). THESE
REGULATIONS EMBODY THE REQUIREMENTS OF PART 25. PUBLIC PARTICIPATION
REQUIREMENTS FOR THE CONSTRUCTION GRANTS PROGRAM ARE FOUND IN 40 CFR
PART 35, SUBPARTS E AND F. STATES WHICH UNDERTAKE CONSTRUCTION GRANTS
PROGRAM FUNCTIONS AFTER APPROVAL BY EPA ARE RESPONSIBLE FOR MEETING
APPLICABLE PUBLIC PARICIPATION RQUIREMENTS OF THESE REGULATIONS,
INCLUDING REQUIREMENTS OF PART 25 WHICH ARE INCORPORATED BY REFERENCE.
ONE STATE EXPRESSED CONCERN THAT THE REGULATIONS WOULD APPLY TO ALL
STATE ACTIVITIES WHICH WERE ADMINISTERED UNDER THE ANNUAL STATE PROGRAM
ADMINISTRATION GRANTS AUTHORIZED UNDER SECTION 106 OF THE CLEAN WATER
ACT, INCLUDING STATE INITIATED ACTIVITIES WHICH ARE NOT REQUIRED BY THE
CLEAN WATER ACT, WHICH ARE NOT DELEGATED TO THE STATE BY EPA, AND WHICH
ARE NOT FUNDED BY EPA GRANT. WHILE PUBLIC PARTICIPATION IN PURELY STATE
ACTIVITIES OF THIS TYPE MAY BE DESIRABLE, SUCH PARTICIPATION IS AT THE
DISCRETION OF THE STATE AND WOULD NOT BE REQUIRED BY THESE REGULATIONS.
6. PUBLIC PARTICIPATION OBJECTIVES. VIRTUALLY ALL COMMENTERS
SUPPORTED THE PUBLIC PARTICIPATION OBJECTIVES OF THE PROPOSED PART 25;
HOWEVER, SEVERAL COMMENTERS FLET THAT PROMOTING SUPPORT FOR
ENVIRONMENTAL LAWS WAS NOT A PROPER ROLE FOR ADMINISTRATIVE AGENCIES.
EPA AGREES AND HAS CHANGED THIS OBJECTIVED TO READ, "TO ENCOURAGE PUBLIC
INVOLVEMENT IN IMPLEMENTING ENVIRONMENTAL LAWS."
7. PUBLIC INFORMATI-N REQUIREMENTS. MOST COMMENTERS RECOGNIZED AND
SUPPORTED THE NEED FOR PUBLIC INFORMATION AS A PREREQUISITE TO EFFECTIVE
PUBLIC PARTICIPATION; HOWEVER, MANY STATED THAT THE PROPOSED
REQUIREMENTS WERE NOT CLEAR AND, IN SOME CASES, WERE POTENTIALLY
BURDENSOME. IN RESPONSE TO COMMENTS OF THIS NATURE, EPA HAS MADE THE
FOLLOWING MODIFICATIONS TO THE PUBLIC INFORMATION PROVISIONS OF THE
REGULATIONS: PERMITTED SEGMENTING MAILING LISTS BY GEOGRAPHIC OR
INTEREST AREA AND SPECIFIED THAT ONLY THE APPROPRIATE PORTION OF THE
LIST NEED RECEIVE AGENCY MAILINGS; SPECIFIED THAT ONLY SUMMARIES AND
NOTICES OF AVAILABILITY NEED BE SENT TO THE LIST (OR APPROPRIATE
SEGMENT) RATHER THAN ENTIRE DOCUMENTS; SPECIFIED THAT DOCUMENTS
AVAILABLE IN DEPOSITORIES NEED INCLUDE ONLY THOSE RELATING TO
SIGNIFICANT OR CONTROVERSIAL ISSUES; CLARIFIED THE TERM "REASONABLE
COSTS" OF COPYING CHARGES BY REFERENCES TO PREVAILING COMMERCIAL RATES.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION RESEARCH AND SANCTUARIES ACT
FEDERAL REGISTER, VOL 44 NO 34
PUBLIC PARTICIPATION IN PROGRAMS UNDER RCRA SAFE DRINKING WATER ACT AND CLEAN WATER ACT PART 5
790216
PART 003 OF 6
EPA
113066
SENATE
HEARINGS
TRANSCRIPT
REGULATIONS
ATTACHMENT TO 08113050 PARENT DOCUMENT.
8. PUBLIC HEARING NOTICE REQUIREMENTS. COMMENT ON THE PROPOSED
PUBLIC HEARING NOTICE REQUIREMENTS WAS SHARPLY DIVIDED BETWEEN STATE AND
LOCAL AGENCIES WHICH GENERALLY OPPOSED ANY INCREASE IN THE 30 DAYS
REQUIRED BY EXISTING REGULATIONS AND POTENTIAL PARTICIPANTS (INCLUDING
PRIVATE CITIZENS, PUBLIC INTEREST GROUPS,AND ECONOMIC INTERESTS) WHICH
SUPPORTED THE 45 DAY NOTICE REQUIREMENT INCLUDED IN THE PROPOSED
REGULATIONS. THE RECORD OF CITIZEN COMMENT INDICATES CLEARLY THAT30
DAYS HAS OFTEN BEEN INADEQUATE TO ALLOW NOTICES TO BE CIRCULATED,
DOCUMENTS OBTAINED AND REVIEWED, AND TESTIMONY PREPARED. ACCORDINGLY,
THE FINAL REGULATIONS RETAIN 45 DAYS AS THE STANDARD PUBLIC HEARING
NOTICE REQUIREMENT, HOWEVER, EPA HAS RESPONDED TO THE COMMENT BY STATE
AND LOCAL AGENCIES BY INCLUDING A PROVISION TO REDUCE THE NOTICE
REQUIREMENT, TO NOT LESS THAN 30 DAYS, HWERE EPA FINDS THAT THE LONGER
NOTICE IS NOT NEEDED TO ENCOURAGE PUBLIC PARTICIPATION IN A PARTICULAR
HEARING.
9. EMPHASIS ON ADVISORY GROUPS. MANY COMMENTERS EXPRESSED CONCERN
THAT THE REGULATIONS PLACED EXCESSIVE EMPHASIS ON THE USE OF ADVISORY
GROUPS. WE DO NOT BELIEVE THIS CONCERN IS JUSTIFIED. PART 25 DOES NOT
REQUIRE THE FORMATION OF ANY ADVISORY GROUPS. SUCH GROUPS MUST BE
FORMED ONLY WHEN REQUIRED BY PROGRAM REGULATIONS. ADVISORY GROUPS HAVE
BEEN A REQUIREMENT IN THE WATER QUALITY MANAGEMENT (SECTION 208) PROGRAM
FOR SEVERAL YEARS. NEW PROGRAM REGULATIONS FOR THE CONSTRUCTION GRANTS
PROGRAM WILL REQUIRE ADVISORY GROUPS, BUT IN ONLY 30 PERCENT OF
FACILITIES PLANS, NO ADVISORY GROUP REQUIREMENTS ARE CONTEMPLATED FOR
THE CLEAN LAKES PROGRAM, UNDERGROUND INJECTION CONTROL PROGRAM, PUBLIC
WATER SUPPLY PROGRAM, STATE HAZARDOUS WASTE PROGRAM, OR THE NPDES PERMIT
PROGRAM. THE QUESTION OF WHETHER THEY WOULD BE REQUIRED UNDER STATE
SOLID WASTE MANAGEMENT PROGRAM GRANTS IS STILL OPEN. GIVEN THIS RECORD,
WE DO NOT AGREE THAT THE AGENCY PLACES EXCESSIVE EMPHASIS ON THE USE OF
ADVISORY GROUPS.
10. ROLE OF ADVISORY GROUPS. THE PROPOSED REGULATIONS STATED THAT
ADVISORY GROUPS WERE INTENDED TO PROVIDE ADVICE AND RECOMMENDATIONS TO
ELECTED DECISIONMAKERS AND TO ENCOURAGE AN INTERCHANGE AMONG THE
INTEREST REPRESENTED ON THE GROUP. SOME COMMENTERS FELT THAT THE FINAL
DECISION-MAKING ROLE OF ELECTED OFFICIALS SHOULD BE EMPHASIZED MORE
STRONGLY. WE AGREE, AND HAVE ADDED LANGUAGE TO THE ADVISORY GROUP
SECTION FURTHER EMPHASIZING THIS POINT.
11. ADVISORY GROUP MEMBERSHIP. COMMENTS FROM MOST STATE AND LOCAL
AGENCIES AND PUBLIC OFFICIALS INDICATED THA THE ADVISORY GROUP
MEMBERSHIP REQUIREMENTS OF PROPOSED PART 25 PROVIDED THEM TOO LITTLE
FLEXIBILITY IN CONSTITUTING SUCH GROUPS. THEY EXPRESSED PARTICULAR
OBJECTION TO THE REQUIREMENT THAT A MAJORITY OF ADVISORY GROUP MEMBERS
BE PRIVATE CITIZENS AND PUBLIC INTEREST GROUP MEMBERS WHO HAD NO
SUBSTANTIAL ECONOMIC INTEREST IN THE GRANT ACTIVITY. SOME AGENCIES
INDICATED THAT THEY WOULD BE UNABLE TO LOCATE MANY INDIVIDUALS WITHOUT
AN ECONOMIC INTEREST IN THE GRANT ACTIVITY WHO WOULD BE WILLING TO SERVE
ON ADVISORY GROUPS. SOME COMMENTING AGENCIES AND PUBLIC OFFICIALS
INDICATED THAT NO SINGLE SEGMENT OF THE PUBLIC SHOULD CONSTITUTE A
MAJORITY ON THE ADVISORY GROUP. OTHER COMMENTING AGENCIES AND OFFICIALS
EXPRESSED APPROVAL OF THE CHANGES IN THE ADVISORY GROUP REQUIREMENTS
THAT HAD BEEN MADE RELATIVE TO THE MARCH CONCEPT PAPERS -- ESPECIALLY
THE INCREASED EMPHASIS ON THE ROLE OF PUBLIC OFFICIALS AND THE CHANGE
ALLOWING ECONOMIC INTERESTS TO BE REPRESENTED ON ADVISORY GROUPS. SOME
OF THESE COMMENTERS INDICATED THAT, WITH THESE CHANGES, THE ADVISORY
GROUP MEMBERSHIP REQUIREMENTS WERE SATISFACTORY. OTHERS INDICATED THAT
THE REQUIREMENTS WERE STILL TOO DEMANDING AND INFLEXIBLE, STATED THT
THEY COULD NOT MEET THEM, AND CALLED FOR ADDITIONAL CHANGES AND
INCREASED FLEXIBILITY.
A LARGE MAJORITY OF PRIVATE CITIZEN AND PUBLIC INTEREST GROUP
COMMENTERS EXPRESSED APPROVAL OF THE ADVISORY GROUP MEMBERSHIP
REQUIREMENTS OF PROPOSED PART 25. MANY OF THESE COMMENTERS DESCRIBED
THEIR EXPERIENCES INDICATING THAT NON-ECONOMIC INTERESTS WERE
UNDER-REPRESENTED ON ADVISORY GROUPS. THESE COMMENTERS SUPPORTED
CAREFULLY STRUCTURED ADVISORY GROUP MEMBERSHIP REQUIREMENTS, ESPECIALLY
THE PROPOSED REQUIREMENT FOR A MAJORITY OF PRIVATE CITIZENS AND PUBLIC
INTEREST GROUP MEMBERS. MOST OF THESE COMMENTERS INDICATED THAT THIS
MEASURE WOULD GO FAR TO REMEDY THE PROBLEM OF UNDER REPRESENTATION FOR
NON-ECONOMIC INTERESTS. HOWEVER, SOME CALLED UPON EPA TO REQUIRE AN
EVEN LONGER PROPORTION OF INDIVIDUALS WHO WERE INTERESTED IN THE GRANT
SUPPORTED ACTIVITY SOLELY FROM AN ENVIRONMENTAL OR TAXPAYER PERSPECTIVE.
EPA AGEES THAT THERE MUST BE FLEXIBILITY IN THE REQUIREMENTS FOR
ADVISORY GROUP MEMBERSHIP. THE FINAL REGULATIONS REQUIRE THAT THE
ADVISORY GROUP BE COMPOSED OF FOUR SEGMENTS IN SUBSTANTIALLY EQUAL
PROPORTION. THESE ARE PRIVATE CITIZENS PUBLIC INTEREST GROUP MEMBERS,
ECONOMIC INTERESTS, AND PUBLIC OFFICIALS. IN RESPONSE TO COMMENTERS WHO
REQUESTED EPA TO EXPLAIN THE TERM "PRIVATE CITIZEN," THE REGULATIONS
INDICATE THAT THIS TERM REFERS TO INDIVIDUALS, WITH NO GREATER INTEREST
IN THE GRANT ACTIVITY THAN AN AVERAGE TAXPAYER, RATEPAYER, OR CONSUMER.
THE PROVISION THAT SEGMENTS NEED BE ONLY "SUBSTANTIALLY EQUAL" IN
PROPORTION IS INTENDED TO PROVIDE GRANTEES WITH FLEXIBILITY TO IMPLEMENT
THE REGULATIONS WHILE AT THE SAME TIME RESPONDING TO THOSE COMMENTERS
WHO CALLED UPON EPA TO CAREFULLY SPECIFY THE BALANCE OF INTERESTS ON THE
GROUP. THIS LANGUAGE ALLOWS SOME IMBALANCE AMONG THE CATEGORIES OF
MEMBERSHIP. FOR EXAMPLE, ON A 20 PERSON ADVISORY GROUP, THE
REQUIREMENTS WOULD BE MET IF TWO CATEGORIES HAD ONLY FOUR MEMBERS WHILE
THE OTHER TWO HAD SIX MEMBERS. HOWEVER, IF ONE OR MORE CATEGORIES HAD
ONLY THREE MEMBERS WHILE OTHERS HAD SIX OR SEVEN, THE REQUIREMENT THAT
THE CATEGORIES BE IN SUBSTANTIALLY EQUIVALENT PROPORTIONS WOULD NOT BE
MET.
MANY AGENCY COMMENTERS EXPRESSED CONCERN THAT THEY COULD NOT MEET
ADVISORY GROUP REQUIREMENTS BECAUSE THEY COULD NOT LOCATE PRIVATE
CITIZENS OR PUBLIC INTEREST GROUP REPRESENTATIVES WHO WOULD BE WILLING
TO SERVE ON ADVISORY GROUPS. TO RESPOND TO THESE COMMENTERS , THE FINAL
REGULATIONS PROVIDE THAT GRANTEES WHO HAVE CARRIED OUT AN AGGRESSIVE
EFFORT TO RECRUIT MEMBERS TO MEET THE REQUIREMENTS BUT CANNOT DO SO WILL
BE CONSIDERED IN COMPLIANCE WITH THE REGULATIONS. IN A CASE SUCH AS
THIS, EPA WILL APPROVE THE ADVISORY GROUP COMPOSITION WHICH HAS RESULTED
FORM THE GRENTEE'S RECRUITMENT EFFORTS PROVIDED EPA IS SATISFIED THAT
THOSE EFFORTS MEET THE PERFORMANCE STANDARD SET FORTH IN THE
REGULATIONS.
12. FINANCIAL DISCLOSURE BY ADVISORY GROUP MEMBERS. MANY COMMENTERS
INDICATED THAT A FINANCIAL DISCLOSURE REQUIREMENT WOULD DISCOURAGE
PARTICIPATION OF MANY PROSPECTIVE ADVISORY GROUP MEMBERS. WE AGREE, AND
ACCORDINGLY WE HAVE DELETED THE FINANCIAL DICSLOSURE REQUIREMENTS FROM
THE FINAL REGULATIONS. WE DO, HOWEVER, BELIEVE IT IS USEFUL FOR
ADVISORY GROUP MEMBERS TO KNOW, IN GENERAL, THE TYPE OF INTEREST WHICH
EACH MEMBER HAS IN A PLAN OR PROJECT UNDER DEVELOPMENT. FOR EXAMPLE,
INDIVIDUALS ON THE ADVISORY GROUP SHOULD INDICATE TO ONE ANOTHER WHETHER
THEY ARE REPRESENTING ENVIRONMENTAL INTERESTS, ECONOMIC INTERESTS, SUCH
AS AGRICULTURE, SILVACULTURE, OR REAL ESTATE; RECREATIONAL INTERESTS;
CONSUMER INTERESTS OR OTHERS.
13. GRANTEE AND ADVISORY GROUP RESPONSIBILITIES. MANY COMMENTERS
INDICATED THE RESPONSIBILITIES OF THE ADVISORY GROUPS SHOULD BE STATED
IN DETAIL IN THE FINAL REGULATIONS. IN SUPPORT OF THIS RECOMMENDATION,
THESE COMMENTERS CITED EXAMPLES OF ADVISORY GROUPS THAT WERE FORMED BUT
NOT UTILIZED EFFECTIVELY. EPA DOES NOT BELIEVE IT IS PROPER TO INCLUDE
A DETAILED DISCUSSION OF THE RESPONSIBILITIES OF GRANTEES AND ADVISORY
GROUPS IN THE REGULATIONS. IT IS, HOWEVER, APPROPRIATE TO EXPAND
SOMEWHAT UPON THE DESCRIPTION OF RESPONSIBILITIES AND AUTHORITIES
INCLUDED IN THE PROPOSED REGULATIONS, AND THIS HAS BEEN DONE IN THE
FINAL REGULATIONS.
14. USE OF EXISTING ADVISORY GROUPS TO MEET PBULIC PARTICIPATION
REQUIREMENTS. SOME STATE AND SUBSTATE AGENCIES WHICH HAVE ESTABLISHED
ADVISORY GROUPS, BOARDS OR COMMISSIONS QUESTIONED WHETHER THESE GROUPS
COULD BE USED TO SATISFY THE ADVISORY GROUP REQUIREMENTS AND ACTIVITIES
WHEREVER POSSIBLE. THIS IS CLEARLY STATED IN SECTION 25.13, COORDINATION
AND NONDUPLICATION. CONSISTENT WITH THIS, EXISTING ADVISORY GROUPS MAY
BE USED IF THEY MEET THE REQUIREMENTS OF SECTION 25.7 OR ARE MODIFIED TO
MEET THOSE REQUIREMENTS.
15. SUPPORT FOR ADVISORY GROUP PARTICIPATION. IN THE PREAMBLE TO
THE PROPOSED REGULATIONS, EPA QUESTIONED WHETHER REIMBURSEMENT OF
ADVISORY GROUP OUT-OF-POCKET EXPENSES WOULD BE HELPFUL IN ENCOURAGING
PUBLIC PARTICIPATION AND WHETHER IT OWULD POSE AN ADMINISTRATIVE BURDEN
TO GRANTEES. MANY COMMENTERS INDICATED THAT REIMBRUSEMENT OF
OUT-OF-POCKET EXPENSES WOULD ENCOURAGE PARTICIPATION. SEVERAL PUBLIC
INTEREST GROUPS SUGGESTED THAT CITIZENS SHOULD BE PAID FOR THE TIME THEY
DEVOTE TO ADVISORY GROUP PARTICIPATION; OTHERS URGED A MORE CAUTIOUS
APPROACH EMPHASIZING VOLUNTEERISM. SEVERAL COMMENTING AGENCIES
INDICATED THEY ALREADY OPERATE REIMBURSEMENT PROGRAMS FOR NORMAL
OUT-OF-POCKET EXPENSES, BUT WOULD BE OPPOSED TO EXTENDING REIMBURSEMENT
TO ADDITIONAL EXPENSES SUCH AS PAYMENT FOR TIME EXPENDED IN
PARTICIPATION.
SINCE MANY AGENCIES ARE ALREADY CONDUCTING REIMBURSEMENT PROGRAMS AND
SINCE MANY COMMENTERS AGREE THAT REIMBURSEMENT DOES NOT ENCOURAGE
PARTICIPATION, EPA HAS DETERMINED THAT GRANTEES SHALL MAKE REASONABLE
OUT-OF-POCKET COSTS OF PARTICIPATION AVAILABLE TO ADVISORY GROUP
MEMBERS. EPA WILL PROVIDE INFORMATION ON REIMBURSEMENT SYSTEMS TO
ASSIST ANY AGENCY WHICH NEEDS TO ESTABLISH A SYSTEM.
SOME COMMENTERS RECOMMENDED THAT REIMBURSEMENT BE AVAILABLE ONLY TO
PRIVATE CITIZENS AND OTHER ADVISORY GROUP MEMBERS WHO DO NOT REPRESENT
ECONOMIC INTERESTS. IN FAIRNESS, WE BELIEVE THAT REIMBURSEMENT OF
REASONABLE OUT-OF-POCKET EXPENSES SHOULD BE AVAILABLE TO ALL GROUP
MEMBERS; HOWEVER, WE RECOGNIZE THAT MANY ADVISORY GROUPS MEMBERS ARE
ELIGIBLE FOR REIMBURSEMENT FROM THE INTERESTS WHICH THEY REPRESENT. IN
THE IN-EREST OF ECONOMY, WE ECNOURAGE THOSE ADVISORY GROUP MEMBERS TO
CONSIDER NOT REQUESTING REIMBURSEMENT FROM THE GRANTEE. IN ACCORD WITH
OMB CIRCULAR 74-4, TRAVEL COSTS OF ELECTED OFFICIALS ARE NOT CURRENTLY
ELIGIBLE FOR REIMBURSEMENT.
MANY COMMENTERS INDICATED THAT ADVISORY GROUPS PROBABLY WOULD BE
UNABLE TO CARRY OUT THEIR RESPONSIBILITIES WITHOUT THEIR OWN STAFF AND
BUDGET. MOST AGENCIES OBJECTED THAT ADVISORY GROUP CONFLICTED WITH
THEIR STATUS AS ADVISORS AND COULD DUPLICATE THE EFFORTS OF THE AGENCY
STAFF. MANY AGENCIES INDICATED THAT THEIR STAFF WAS AVAILABLE TO ASSIST
THE ADVISORY GROUP WHERE NEEDED.
EPA RECOGNIZES THE NEED FOR STAFF TO ASSIST ADVSIROY GROUPS. BUT WE
AGREE THAT PROVIDING STAFF ASSISTANCE SHOULD BE THE RESPONSBILITY OF THE
GRANTEE. THE FINAL REGULATIONS REQUIRE THE GRANTEE TO INFORM THE
ADVISORY GROUP OF STAFF AVAILABLE TO ASSIST IT. THE REGULATIONS ALSO
REQUIRE THE GRANTEE TO PROVIDE THE ADVISORY GROUP WITH AN OPERATING
BUDGET WHICH CAN BE USED TO CARRY OUT THEIR LIASION WITH THE GENERAL
PBULIC AND TO ASSIST THE GROUP IN UNDERSTANDING THE ACTIVITY CARRIED OUT
UNDER GRANT. THE BUDGET MAY BE USED FOR MAILING, EXPERT ADVICE AND
OTHER FUNCTIONS AS AGREED UPON BETWEEN THE ADVISORY GROUPS AND THE
GRANTEE.
16. PUBLIC PARTICIPATION PROGRAM STAFF. MANY PRIVATE CITIZENS AND
PUBLIC INTEREST GROUPS RECOMMENDED THAT EPA REQUIRE GRANTEES TO CONTRACT
WITH LOCAL CITIZENS GROUPS TO CARRY OUT PUBLIC PARTICIPATION FUNCTIONS.
COMMENTS FROM AGENCIES ON THE WISDOM OF THIS APPROACH WERE MIXED;
HOWEVER, AGENCIES FELT STRONGLY THAT THIS DECISION SHOULD BE
DISCRETIONARY. WE AGREE, AND, AS A RESULT, NO SUCH REQUIREMENT APPEARS
IN THE FINAL REGULATIONS. HOWEVER, GRANTEES ARE FREE TO USE THIS
APPROACH IF THEY BELIEVE IT WILL BE THE MOST EFFECTIVE IN THEIR
SITUATION.
SEVERAL COMMENTERS INDICATED THAT EPA SHOULD ESTABLISH THE
QUALIFICATIONS OF PUBLIC PARTICIPATION STAFF IN REGULATIONS. IN
GENERAL, WE BLIEVE THAT THE FOLLOWING CHARACTERISTICS W ILL CONTRIBUTE
TO SUCCESSFUL ACCOMPLISHMENT OF PUBLIC PARTICIPATION RESPONSIBILITIES:
FAMILARITY WITH THE AFFECTED AREA; KNOWLEDGE OF AT LEAST SOME OF THE
PARTIES LIKELY TO BE INTERESTED OR AFFECTED; EXPERIENCE IN THE SKILLS
NEEDED TO CARRY OUT A PUBLIC PARTICIPATION PROGRAM INCLUDING ORGANIZING
MEETINGS, PROVIDING STAFF SUPPORT TO ADVISORY GROUPS, AND OTHER SKILLS;
AND SUFFICIENT KNOWLEDTE OF THE TECHNICAL AND PROCEDURAL ASPECTS OF THE
GRANT ACTIVITY TO BE ABLE TO EXPLAIN THEM TO THE ADVISORY GROUP AND
OTHER MEMBERS OF THE PUBLIC. EPA BELIEVES THAT THESE NEEDED
CHARACTERISTICS WILL BE APPARENT TO GRANTEES. THEY WILL BE STATED IN
EPA GUIDANCE. HOWEVER, WE DO NOT BELIEVE THEY SHOULD BE SPECIFIED IN
REGULATION. ACCORDINGLY, THE FINAL REGULATION DOES NOT SPECIFY THE
QUALIFICATIONS OF PUBLIC PARTICIPATION STAFF.
ONE STATE QUESTIONED WHETHER THE PUBLIC PARTICIPATION STAFF CONTACT
FOR STATEWIDE ACTIVITIES COULD BE LOCATED IN THE STATE AGENCY OFFICE.
THE ANSWER TO THIS QUESTION IS YES.
17. ADVISORY GROUP TRAINING. A NUMBER OF STATE AND SUBSTATE
AGENCIES INDICATED THAT EPA SHOULD CONDUCT ADVISORY GROUP TRAINING IN
COOPERATION WITH THE GRANTEE. WE AGREE, AND THE REGULATIONS HAVE BEEN
MODIFIED TO INDICATE THAT ADVISORY GROUP TRAINING SHOULD BE CARRIED OUT
COOPERATIVELY BY EPA, THE STATE, AND ANY APPLICABLE SUBSTATE AGENCY.
SEVERAL AGENCIES COMMENTED THAT TRAINING SHOULD BE PROVIDED FOR THEIR
STAFF AS WELL AS FOR ADVISORY GROUP MEMBERS. AGAIN WE AGREE. THE
REGULATIONS INDICATE THAT AGENCIES MAY INCLUDE MEMBERS OF THEIR STAFF IN
THE TRAINING SESSIONS FOR ADVISORY GROUP.
18. ADVISORY GROUP SUBCOMMITTEES AND TECHNICAL ADVISORY GROUPS.
MANY COMMENTING AGENCIES QUESTIONED WHETHER THE ADVISORY GROUP
REQUIREMENTS APPLIED TO OTHER ADVISORY BODIES, SUCH AS GROUPS OF
TECHNICAL EXPERTS. OTHER AGENCIES QUESTIONED WHETHER SUBCOMMITTEES
ESTABLISHED BY ADVISORY GROUPS NEED HAVE THE SAME COMPOSITION AS THE
PRIMARY ADVISORY GROUP. THE REGULATIONS TO NOT HIHIBIT AGENCIES FROM
ESTABLISHING TECHNICAL PANELS OR SIMILAR GROUPS; HOEVER IT IS
RECOMMENDED THAT THESE GROUPS BE ESTABLISHED AS SUBCOMMITTEES OF THE
PRIMARY ADVISORY GROUP OR AT LEAST COORDINATED CLOSELY WITH THAT GROUP.
ANY RECOMMENDATIONS OF TECHNICAL GROUPS SHOULD BE REVIEWED BY THE
PRIMARY ADVISORY GROUP, AND ANY COMMENTS MADE BY THE ADVISORY GRUOP
SHOULD BE FORWARDED TO THE GRANTEE OR DECISIONMAKING OFFICIALS ALONG
WITH THE TECHNICAL GROUP'S RECOMMENDATIONS.
SEVERAL PUBLIC INTEREST GROUP COMMENTERS INDICATED THAT ANY
SUBCOMMITTEES SHOULD BE REQUIRED TO HAVE THE SAME MEMBERSHIP COMPOSITION
AS THE PRIMARY ADVISORY GROUP. EPA BELIEVES THIS WOULD BE REQUIRED TO
HAVE THE SAME MEMBERSHIP COMPOSITION AS THE PRIMARY ADVISORY GROUP. EPA
BELIEVES THIS WOULD BE UNNECESSARILY RESTRICTIVE. AN AGRICULTURAL
SUBCOMMITTEE WOULD LOGICALLY BE COMPOSED LARGELY OF INDIVIDUALS EARNING
A LIVING THROUGH FARMING, RANCHING, OR RELATED ACTIVITIES. A "SEVERELY
AFFECTED PARTIES" SUBCOMMITTEE MIGHT BE COMPOSED ALMOST ENTIRELY OF
INDIVIDUALS RESIDING WITHIN A SHORT DISTANCE OF THE PROPOSED
CONSTRUCTION SITE.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION RESEARCH AND SANCTUARIES ACT
FEDERAL REGISTER, VOL 44 NO 34
PUBLIC PARTICIPATION IN PROGRAMS UNDER RCRA SAFE DRINKING WATER ACT AND CLEAN WATER ACT PART 5
790216
PART 004 OF 6
EPA
113067
SENATE
HEARINGS
TRANSCRIPT
REGULATIONS
ATTACHMENT TO 08113050 PARENT DOCUMENT.
EVEN IN CASES WHERE SUBCOMMITTEES HAVE SHARPLY FOCUSED AREAS OF
INTEREST, EFFORTS SHOULD BE MADE TO INCLUDE INDIVIDUALS WHO CAN EXPRESS
OTHER, MORE GENERAL, POINTS OF VIE. GENERALLY SUBCOMMITTEES SHOULD
CONTAIN SOME MEMBERS OF THE FULL ADVISORY GROUP, BUT NOT ALL
SUBCOMMITTEE MEMBERS NEED BE MEMBERS OF THE PRIMARY ADVISORY GROUP.
REIMBURSEMENT NEED NOT BE MADE AVAILABLE FOR SUBCOMMITTEE PARTICIPATION;
ALTHOUGH THIS MAY BE DONE AT THE DISCRETION OF THE RESPONSIBLE AGENCY.
19. PAPERWORK -- PUBLIC PARTICIPATION WORK PLANS FOR GRANT
ACTIVITIES. THE PROPOSED REGULATIONS SPECIFIED THE INFROMATION ABOUT
PLANNED PUBLIC PARTICIPATION ACTIVITIES WHICH SHOULD BE INCLUDED IN
GRANT APPLICATIONS. COMMENT ON THIS SECTION WAS GENERALLY
FAVORABLE;ALTHOUGH SOME AGENCIES FELT THAT THE PUBLIC PARTICIPATION WORK
PLANS WERE NOT NEEDED. FINAL PART 25 INDICATES THE INFORMATION WHICH
SHOULD BE INCLUDED IN A PUBLIC PARTICIPATION WORK PLAN. THESE PLANS
SHOULD BE BRIEF. THEY ARE NEEDED BY EPA AS A BASIS FOR AWARE OF FUNDS
FOR PUBLIC PARTICIPATION ACTIVITIES.
THE SUBMISSION OF THIS TYPE OF INFORMATION WITH GRANT APPLICATIONS IS
NOT A NEW REQUIREMENT. IT IS ALREADY REQUIRED FOR THE CONSTRUCTION
GRANTS PROGRAM (UNDER 40 CFR 35.917-5), FOR GRANT FUNDED ACTIVITIES
UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT (UNDER 40 CFR 249.5)
AND IN THE WATER QUALITY MANAGEMENT PROGRAM BY GUIDANCE. THE FINAL
REGULATION MERELY STANDARDIZES THIS REQUIREMENT AND EMPHASIZES THE BRIEF
NATURE OF THE REQUIRED INFORMATION.
SOME AGENCY COMMENTERS POINTED OUT THAT THERE WAS NO PROVISION FOR
REVISING THE WORK PLAN. THEY EXPRESSED CONCERN THAT THIS WOULD PLACE
THEM IN TECHNICAL VIOLATION IF THEY DEPARTED FROM THE SCHEDULE IN THE
WORK PLAN IN EVEN MINOR RESPECTS. WE AGREE. MINOR DEPARTURES FROM THE
SCHEDULE WOULD NOT BE A VIOLATION OF REQUIREMENTS. IF MORE SUBSTANTIAL
CHANGES ARE EXPECTED, THE WORK PALN SHOULD BE REVISED. PROVISION FOR
REVISION IS INCLUDED IN THE FINAL REGULATIONS.
20. PAPERWORK -- RESPONSIVENESS SUMMARIES (MODIFIED) AND PUBLIC
PARTICIPATION SUMMARIES (DELETED). MANY COMMENTERS INDICATED THAT THE
PROPOSED REGULATIONS, ALTHOUGH AN IMPROVEMENT OVER THE CONCEPT PAPERS,
STILL FAILED TO DISTINGUISH ADEQUATELY BETWEEN THE USE AND CONTENT OF
RESPONSIVENESS SUMMARIES AND PUBLIC PARTICIPATION SUMMARIES. SOME
COMMENTERS EXPRESSED THE OPINION THAT THE TWO REQUIREMENTS WERE
DUPLICATIVE. WE AGREE, AND WE HAVE ELIMINATED PUBLIC PARTICIPATION
SUMMARIES FROM THE FINAL REGULATION. THE REQUIREMENTS FOR
RESPONSIVENESS SUMMARIES ARE MORE CLEARLY STATED.
RESPONSIVENESS SUMMARIES ARE INTENDED TO APPEAR IMMEDIATELY AFTER
SPECIFIC DECISION POINTS TO INDICATE BRIEFLY TO THE PBUOIC HOW
DECISION-MAKERS HAVE RESPONDED TO THEIR PARTICIPATION. THEY MUST BE
PREPARED FOR RULEMAKING AND WHERE REQUIRED BY PROGRAM REGULATIONS OR BY
AN APPROVED PUBLIC PARTICIPATION WORK PLAN. RESPONSIVENESS SUMMARIES
WERE STRONGLY ENDORSED BY MANY COMMENTERS AS A MAJOR STEP FORWARD IN
FOSTERING RESPONSIVE GOVERNMENT, PUBLIC UNDERSTANDING OF GOVERNMENTAL
DECISIONS, AND PUBLIC CONFIDENCE IN GOVERNMENT. IN MANY INSTANCES WHERE
A RESPONSIVENESS SUMMARY IS REQUIRED IN PROGRAM REGULATIONS, IT REPLACES
THE EXISTING PUBLIC PARTICIPATION REPORTING REQUIREMENTS OF PART 105.5
OR PART 249.5.
PART 25 REQUIRES NO NEW REPORTS. EXISTING PART 105 CALLS FOR AN
ANNUAL PUBLIC PARTICIPATION REPORT BY ALL AGENCIES CARRYING OUT
RESPONSIBILITIES UNDER THE CLEAN WATER ACT, INCLUDING EPA HEADQUARTERS
PROGRAM OFFICES AND DIVISIONS, EPA REGIONAL OFFICES, STATES AND
INTERSTATE AGENCIES. ALL OF THESE ANNUAL REPORTING REQUIREMENTS ARE
ELIMINATED BY FINAL PART 25.
PARTS 105.5 AND 249.5 CONTAINED REQUIREMENTS FOR REPORTS ASSOCIATED
WITH PARTICULAR ACTIVITIES, SUCH AS THE SUBMISSION OF APPLICATIONS FOR
FINANCIAL ASSISTANCE AND THE SUBMISSION OF PLANS PREPARED WITH SUCH
ASSISTANCE. ALL OF THESE REQUIREMENTS ARE ELIMINATED FORM THE NEW PART
25. IN SOME CASES, THE BETTER DEFINED, BRIEFER, AND MORE USEFUL PUBLIC
PARTICIPATION WORK PLANS OR RESPONSIVENESS SUMMARIES WILL BE REQUIRED IN
PROGRAM REGULATIONS AT COMPARABLE ACTIVITY POINTS. THE NET REPORTING
REQUIREMENTS ARE THEREBY REDUCED WHILE MAKING THE REMAINING REPORTS
BRIEFER AND MORE SHARPLY FOCUSED ON IMPORTANT DECISIONS.
21. ASSURING COMPLIANCE WITH PUBLIC PARTICIPATION REQUIREMENTS.
MANY PUBLIC INTEREST GROUP AND PRIVATE CITIZEN COMMENTERS OBJECTED TO
THE DELETION FROM THE PROPOSED REGULATIONS OF THE DESCRIPTION OF
OPTIONAL SANCTIONS WHICH EPA COULD APPLY WHERE THE REGIONAL
ADMINISTRATOR DETERMINED THAT GRANTEES HAD NOT CARRIED OUT PUBLIC
PARTICIPATION REQUIREMENTS AS REFLECTED IN THEIR APPROVED PUBLIC
PARTICIPATION WORK PLANS. OTHER COMMENTERS CALLED FOR STRONGER
MANDATORY ACTION IN INSTANCES OF NONCOMPLIANCE. MANY COMMENTING
AGENCIES EXPRESSED CONCERN THAT MINOR TECHNICAL VIOLATIONS BEYOND THE
CONTROL OF THEIR AGENCIES WOULD BE CAUSE FOR ACTION BY EPA.
EPA DELETED THE DESCRIPTIONS OF THE OPTIONAL SANCTIONS IN FAVOR OF
REFERENCES TO THE SECTIONS OF THE REGULATIONS WHICH PROVIDE EPA
AUTHORITY TO ENFORCE GRANT AGREEMENTS. THE AGENCY BELIEVES THAT TO
STATE THE FULL TEXT OF THESE SECTIONS IN THE PUBLIC PARTICIPATION
REGULATIONS WOULD BE REDUNDANT AND UNNECESSARY. HOWEVER, FOR THE SAKE
OF CLARITY AND IN ORDER TO BE CONSISTENT WITH THE PRACTICE FOLLOWED
ELSEWHERE IN FINAL PART 25, THE TITLES OF THE CITED SECTION HAVE BEEN
INCLUDED IN THE REGULATION.
AS INDICATED ABOVE, WE HAVE INCLUDED PROVISION FOR MODIFYING THE WORK
PLAN TO REFLECT MAJOR CHANGES. GRANTEES MAY MAKE MINOR DEPARTURES FROM
THE WORK PLAN SCHEDULE AT THEIR DISCRETION PROVIDED THEY DO NOT INFRINGE
UPON REQUIRED PERIODS OF DOCUMENT AVAILABILITY OR PUBLIC NOTICE.
WE DO NOT AGREE WITH THOSE COMMENTERS WHO CALLED FOR MORE STRINGENT,
MANDATORY SANCTIONS. ACCORDINGLY, MANDATORY EPA ACTION UPON A FINDING
OF NONCOMPLIANCE REMINAS THE SAME AS IN THE PROPOSED REGULATIONS -- MORE
CAREFUL MONITORING OF FUTURE PUBLIC PARTICIPATION PERFORMANCE.
SECTION 8003 OF THE RESOURCE CONSERVATION AND RECOVERY ACT REQUIRES
EPA TO DEVELOP INFORMATION ON A COMPREHENSIVE LIST OF TOPICS PERTAINING
TO ENVIRONMENTAL PROTECTION THROUGH SOLID WASTE MANAGEMENT. INTERIM
FINAL 40 CFR PART 249.4 (C) INDICATED THAT EPA WOULD ASSIST STATE AND
SUBSTATE AGENCIES IN CARRYING OUT THEIR PUBLIC INFORMATION AND EDUCATION
RESPONSIBILITIES UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT BY
MAKING THESE AGENCIES AMONG THE FIRST RECIPIENTS OF INFORMATION
DEVELOPED BY EPA TO MEET THE REQUIREMENTS OF SECTION 8003. ALTHOUGH
INTERIM FINAL PART 249 WILL BE DELETED FROM THE CODE OF FEDERAL
REGULATIONS WITH THE PROMULGATION OF THE NEW PART 25, EPA WILL MEET THE
COMMITMENT, STATED IN PART 249.4 (C), TO ASSIST STATE AGENCIES BY
PROVIDING THEM WITH IFORMATIONAL MATERIALS.
SECTION 249.4 (C) ALSO INDICATED THAT EACH EPA REGIONAL OFFICE WOULD
DESGINATE A PUBLIC PARTICIPATI-N OFFICER TO COORDINATE PUBLIC
PARTICIPATION ACTIVITIES RELATING TO SOLID WASTE MANAGEMENT WITHIN EPA
AND TO ASSIST STATE AND SUBSTATE AGENCIES WITH THEIR PUBLIC
PARTICIPATION RESPONSIBILITIES UNDER THE RESOURCE CONSERVATION AND
RECOVERY ACT. THE REQUIREMENT TO DESGINATE REGIONAL PUBLIC
PARTICIPATION OFFICERS AND THE COMMITMENT TO ASSIST OTHER AGENCIES WITH
THEIR PUBLIC PARTICIPATION PROGRAMS REMAINS IN EFFECT AHTOUGH PART 249
WILL BE DELETED FROM THE CODE OF FEDERAL REGULATIONS.
EPA IS COMMITTED TO EVALUATING THIS REGULATION WITHIN THREE YEARS
FROM THE DATE OF PUBLICATION. THIS WILL BE DONE BY THE OFFICE OF WATER
AND WASTE MANAGEMENT IN CONJUNCTION WITH THE OFFICE OF PUBLIC AWARENESS
AND THE ADMINISTRATOR'S PUBLIC PARTICIPATION TASK FORCE. THE EVALUATION
WILL INCLUDE SUCH FACOTRS AS EFFECTIVENESS OF REQUIREMENTS,
ENFORCEABILITY, RESOURCE EXPENDITURE, ALTERNATIVE PUBLIC PARTICIPATION
METHODS, PUBLIC REACTION, AND REPORTING REQUIREMENTS. THE EVALUATION
WILL ALSO ADDRESS THE ISSUE OF WHETHER THE INCREASED FLEXIBILITY
INTRODUCED INTO THE REGULATIONS HAS HAD A POSITIVE OR A NEGATIVE EFFECT
ON PUBLIC PARTICIPATION PERFORMANCE.
UNDER EPA'S NEW "SUNSET" POLICY FOR REPORTING REQUIREMENTS
IN REGULATIONS, THE REPORTING REQUIREMENTS IN THIS REGULATION
WILL AUTOMATICALLY EXPIRE ON (FIVE YEARS FROM THE DATE OF
PROMULGATION) UNLESS EPA TAKES ACTION TO EXTEND THEM. A NEW
PROVISION (SECTION 25.14) HAS BEEN ADDED TO THE REGULATION
WHICH AUTOMATICALLY TERMINATES THE REPORTING REQUIREMENTS AT
THAT TIME.
THE FOLLOWING PARAGRAPHS IDENTIFY SPECIFIC PROGRAM REGULATIONS WHICH
HAVE BEEN OR WILL BE REVISED TO BRING THEM INTO CONFORMANCE WITH PART
25.
1. AMENDMENTS TO MUNICIPAL WASTEWATER TREATMENT WORKS CONSTRUCTION
GRANTS PROGRAM REGULATIONS (40 CFR PART 35, SUBPART E) WHICH IMPLEMENT
THE REQUIREMENTS OF PART 25 ARE PROMULGATED IN THIS ISSUE OF THE FEDERAL
REGISTER.
2. REVISED REGULATIONS (40 CFR PART 35, SUBPART G) IMPLEMENTING
WATER QUALITY PLANNING AND MANAGEMENT UNDER SECTIONS 106 AND 208, AND
REFLECTING THE PROVISIONS OF PROPOSED PART 25 WERE PUBLISHED IN THE
FEDERAL REGISTER FOR COMMENT ON SEPTEMBER 12, 1978. THE FINAL
REGULATIONS, INCLUDING CHANGES MADE IN RESPONSE TO PUBLIC COMMENT AND
REVISIONS TO PART 25, WILL BE PROMULGATED EARLY IN 1979.
3. REVISED REGULATIONS IMPLEMENTING THE NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT PROGRAM REQUIREMENTS OF SECTION 402, AND
REFLECTING THE PROVISIONS OF PROPOSED PART 25, WERE PUBLISHED FOR
COMMENT ON AUGUST 21, 1978, THE FINAL REGULATIONS, INCLUDING CHANGES
MADE IN RESPONSE TO PUBLIC COMEMNT AND THE REVISIONS TO PROPOSED PART
25, WILL BE PROMULGATED EARLY IN 1979.
4. REGULATIONS IMPLEMENTING THE CLEAN LAKES PROGRAM UNDER SECTION
314 AND REFLECTING THE PROVISIONS OF PART 25 WILL BE PROPOSED IN
FEBRUARY 1979. EPA WILL ACCEPT PUBLIC COMMENT ON THE PROPOSED
REGULATIONS FOR 60 DAYS FOLLOWING THE PROPOSAL DATE. THOSE WISHING TO
RECEIVE ADDITIONAL INFORMATION OR A COPY OF THE PROPOSED REGULATIONS
SHOULD WRITE TO KENNETH MACKENTHUN DIRECTOR, CRITERIA AND STANDARDS
DIVISION (WH 585), UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, 401 M
STREET, SW., WASHINGTON, D.C. 20460.
1. STATE SOLID WASTE MANAGEMENT PLAN GUIDELINES (40 CFR PART 256)
UNDER SECTION 4002 (B) WERE PROPOSED FOR COMMENTS ON AUGUST 28, 1978.
THE PROPOSED REGULATIONS INCLUDED PROVISIONS IMPLEMENTING THE
RQUIREMENTS OF PROPOSED PART 25. EPA WILL REVISE THE PROPOSED
REGULATIONS TO RESPOND TO PUBLIC COMMENTS AND CHANGES IN PART 25 AND
PROMULGATE FINAL REGULATIONS IN JUNE 1979.
2. REGULATIONS FOR STATE PROGRAMS FOR HAZARDOUS WASTE UNDER SECTION
3006 WERE PROPOSED FOR COMMENT ON FEBRUARY 1, 1978. EPA WILL REVISE
THESE REGULATIONS IN RESPONSE TO PUBLIC COMMENT AND THE REQUIREMENTS OF
PART 25, REPROPOSE THEM IN EARLY 1979, AND PROVIDE 60 DAYS FOR PUBLIC
COMMENT. THOSE WHO WISH TO RECEIVE ADDITIONAL INFORMATION OR A COPY OF
THE PROPOSED REGULATIONS SHOULD CONTACT GERADLINE WYER, OFFICE OF SOLID
WASTE (WH 562), UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, 401 M
STREET, SW., WASHINGTON, D.C. 20460.
3. REGULATIONS FOR PERMIT PROGRAMS FOR HAZARDOUS WASTE UNDER
SECTION3005 WILL BE PROPOSED IN FEBRUARY 1979. EPA WILL ACCEPT PUBLIC
COMMENT ON THE REGULATION FOR 60 DAYS FOLLOWING THE DATE OF PROPOSAL.
THE PROPOSED REGULATIONS WILL REFLECT THE PROVISIONS OF PART 25. THOSE
WHO WISH TO RECEIVE ADDITIONAL INFORMATION OR A COPY OF THE REGULATIONS
SHOULD CONTACT GERADLINE WYER, OFFICE OF SOLID WASTE (WH 562), UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY, 401 M STREET. SW., WASHINGTON,
D.C. 20460.
1. REGULATIONS FOR GRANTS TO STATES FOR IMPLEMENTING UNDERGROUND
WATER SOURCE PROTECTION PROGRAMS (40 CFR PART 35 650 THROUGH 35.680)
WERE PROPOSED FOR COMMENT ON AUGUST 31, 1976. FINAL REGULATIONS,
REFLECTING PUBLIC COMMENT AND THE PROVISIONS OF PART 25, WILL BE
PROMULGATED IN 1979.
NOTE -- THE ENVIRONMENTAL PROTECTION AGENCY HAS DETERMINED THAT THIS
DOCUMENT DOES NOT CONTAIN A MAJOR PROPOSAL REQUIRING PREPARATION OF AN
ECONOMIC IMPACT ANALYSIS STATEMENT UNDER EXECUTIVE ORDERS 11821, 11949,
AND 12044 AND OMB CIRCULAR A-107.
DATED: FEBRUARY 8, 1979.
DOUGLAS M. COSTLE, ADMINISTRATOR
(SEC. 101 (E) OF THE CLEAN WATER ACT, AS AMENDED, 33 U.S.C. 1251
(E); SECTION 7004 (B) OF THE RESOURCE CONSERVATION AND RECOVERY ACT, 42
U.S.C. 6974 (B); SEC. 1450 (A) (1) OF THE SAFE DRINKING WATER ACT, AS
AMENDED, 42 U.S.C. 300J9.)
1. 40 CFR IS AMENDED BY ADDING A NEW PART 25 READING AS FOLLOWS:
SEC.
25.1 INTRODUCTION.
25.2 SCOPE.
25.3 POLICY AND OBJECTIVES.
25.4 INFORMATION, NOTIFICATION AND CONSULTATION RESPONSIBILITIES.
25.5 PUBLIC HEARINGS.
25.6 PUBLIC MEETINGS.
25.7 ADVISORY GROUPS.
25.8 RESPONSIVENESS SUMMARIES.
25.9 PERMIT ENFORCEMENT.
25.10 RULEMAKING.
25.11 WORK ELEMENTS IN FINANCIAL ASSISTANCE AGREEMENTS.
25.12 ASSURING COMPLAINCE WITH PUBLIC PARTICIPATION REQUIREMENTS.
25.13 COORDINATION AND NON-DUPLICATION.
25.14 TERMINATION OF REPORTING REQUIREMENTS.
AUTHORITY: SEC. 101 (E) OF THE CLEAN WATER ACT, AS AMENDED, 33
U.S.C. 1251 (E); SEC. 7004 (B) OF THE RESOURCE CONSERVATION AND
RECOVERY ACT, 42 U.S.C. 6974 (B); SEC. 1450 (A) (1) OF THE SAFE
DRINKING WATER ACT, AS AMENDED, 42 U.S.C. 300J9.
THIS PART SETS FORTH MINIMUM REQUIREMENTS AND SUGGESTED PROGRAM
ELEMENTS FOR PUBLIC PARTICIPATION IN ACTIVITIES UNDER THE CLEAN WATER
ACT (PUB. L. 95-217), THE RESOURCE CONSERVATION AND RECOVERY ACT (PUB.
L. 94-580), AND THE SAFE DRINKING WATER ACT (PUB. L. 93-523). THE
APPLICABILITY OF THE REQUIREMENTS OF THIS PART IS AS FOLLOWS:
(A) BASIC REQUIREMENTS AND SUGGESTED PROGRAM ELEMENTS FOR PUBLIC
INFORMATION, PUBLIC NOTIFICATION AND PUBLIC CONSULTATION ARE SET FORTH
IN SECTION 25.4. THESE REQUIREMENTS ARE INTENDED TO FOSTER PUBLIC
AWARENESS AND OPEN PROCESSES OF GOVERNMENT DECISIONMAKING. THEY ARE
APPLICABLE TO ALL COVERED ACTIVITIES AND PROGRAMS DESCRIBED IN SECTION
25.2 (A).
(B) REQUIREMENTS AND SUGGESTED PROGRAM ELEMENTS WHICH GOVERN THE
STRUCTURE OF PARTICULAR PUBLIC PARTICIPATION MECHANISMS (FOR EXAMPLE,
ADVISORY GROUPS AND RESPONSIVENESS SUMMARIES) ARE SET FORTH IN SECTION
25.5, 25.6, 25.7, AND 25.8. THIS PART DOES NOT MANDATE THE USE OF THESE
PUBLIC PARTICIPATION MECHANISMS. IT DOES, HOWEVER, SET REQUIREMENTS
WHICH THOSE RESPONSIBLE FOR IMPLEMENTING THE MECHANISMS MUST FOLLOW IF
THE MECHANISMS ARE REQUIRED ELSEWHERE IN THIS CHAPTER.
(C) REQUIREMENTS WHICH APPLY TO FEDERAL FINANCIAL ASSISTANCE PROGRAMS
(GRANTS AND COOPERATIVE AGREEMENTS) UNDER THE THREE ACTS ARE SET FORTH
IN SECTION 25.10 AND 25.12 (A).
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION RESEARCH AND SANCTUARIES ACT
FEDERAL REGISTER, VOL 44 NO 34
PUBLIC PARTICIPATION IN PROGRAMS UNDER RCRA SAFE DRINKING WATER ACT AND CLEAN WATER ACT PART 5
790216
PART 005 OF 6
EPA
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HEARINGS
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REGULATIONS
ATTACHMENT TO 08113050 PARENT DOCUMENT.
(D) REQUIREMENTS FOR PUBLIC INVOLVEMENT WHICH APPLY TO SPECIFIC
ACTIVITIES ARE SET FORTH IN 25.9 (PERMIT ENFORCEMENT), SECTION 25.10
(RULEMAKING), AND SECTION 25.12 (ASSURING COMPLIANCE WITH REQUIREMENTS).
SECTION 25.2 SCOPE.
(A) THE ACTIVITIES UNDER THE THREE ACTS WHICH ARE COVERED BY THIS
PART ARE:
(1) EPA RULEMAKING, EXCEPT NON-POLICY RULEMAKING (FOR EXAMPLE
PUBLICATION OF FUNDING ALLOTMENTS UNDER STATUTORY FORMULAS); AND STATE
RULEMAKING UNDER THE CLEAN WATER ACT AND RESOURCE CONSERVATION AND
RECOVERY ACT;
(2) EPA ISSUANCE AND MODIFICATION OF PERMITS, AND ENFORCEMENT OF
PERMITS AS DELINEATED BY SECTION 25.9;
(3) DEVELOPMENT BY EPA OF MAJOR INFORMATIONAL MATERIALS, SUCH AS
CITIZEN GUIDES OR HANDBOOKS, WHICH ARE EXPECTED TO BE USED OVER SEVERAL
YEARS AND WHICH ARE INTENDED TO BE WIDELY DISTRIBUTED TO THE PUBLIC;
(4) DEVELOPMENT BY EPA OF STRATEGY AND POLICY GUIDANCE MEMORANDA WHEN
A DEPUTY ASSISTANT ADMINISTRATOR DETERMINES IT TO BE APPROPRIATE;
(5) DEVELOPMENT AND IMPLEMENTATION OF PLANS, PROGRAMS, STANDARDS,
CONSTRUCTION, AND OTHER ACTIVITIES SUPPORTED WITH EPA FINANCIAL
ASSISTANCE (GRANTS AND COOPERATIVE AGREEMENTS) TO STATE, INTERSTATE,
REGIONAL AND LOCAL AGENCIES (HEREIN AFTER REFERRED TO AS "STATE,
INTERSTATE, AND SUBSTATE AGENCIES");
(6) THE PROCESS BY WHICH EPA MAKES A DETERMINATION REGARDING APPROVAL
OF STATE ADMINISTRATION OF THE CONSTRUCTION GRANTS PROGRAM IN LIEU OF
FEDERAL ADMINISTRATION; AND THE ADMINISTRATION OF THE CONSTRUCTION
GRANTS PROGRAM BY THE STATE AFTER EPA APPROVAL;
(7) THE PROCESS BY WHICH EPA MAKES A DETERMINATION REGARDING APPROVAL
OF STATE ADMINISTRATION OF THE FOLLOWING PROGRAMS IN LIEU OF FEDERAL
ADMINISTRATION; THE STATE HAZARDOUS WASTE PROGRAM; THE NPDES PERMIT
PROGRAM; THE DREDGE AND FILL PERMIT PROGRAM; AND THE UNDERGROUND
INJECTION CONTROL PROGRAM;
(8) OTHER ACTIVITIES WHICH THE ASSISTANT ADMINISTRATOR FOR WATER AND
WASTE MANAGEMENT, THE ASSISTANT ADMINISTRATOR FOR ENFORCEMENT, OR ANY
EPA REGIONAL ADMINISTRATOR DEEMS APPROPRIATE IN VIEW OF THE AGENCY'S
RESPONSIBILITY TO INVOLVE THE PUBLIC IN SIGNIFICANT DECISIONS.
(B) ACTIVITIES WHICH ARE NOT COVERED BY THIS PART, EXCEPT AS
OTHERWISE PROVIDED UNDER (1) (8) OR (C) OF THIS SECTION, ARE ACTIVITIES
UNDER PARTS 33 (SUBAGREEMENTS), 39 (LOAN GUARANTEES FOR CONSTRUCTION OF
TREATMENT WORKS), 40 (RESEARCH AND DEFELOPMENT GRANTS), 45 (TRAINING
GRANTS AND MANPOWER FORCASTING) AND 46 (FELLOWSHIPS) OF THIS CHAPTER.
(C) SOME PROGRAMS COVERED BY THESE REGULATIONS CONTAIN FURTHER
PROVISIONS CONCERNING PUBLIC PARTICIPATION. THESE ARE FOUND ELSEWHERE
IN THIS CHAPTER IN PROVISIONS WHICH APPLY TO THE PROGRAM OF INTEREST.
REGULATIONS WHICH GOVERN THE USE AND RELEASE OF PUBLIC INFORMATION ARE
SET FORTH IN PART 2 OF THIS CHAPTER.
(D) SPECIFIC PROVISIONS OF COURT ORDERS WHICH CONFLICT WITH
REQUIREMENTS OF THIS PART, SUCH AS COURT-ESTABLISHED TIMETABLES, SHALL
TAKE PRECEDENCE OVER THE PROVISIONS IN THIS PART.
(E) WHERE THE STATE UNDERTAKES FUNCTIONS IN THE CONSTRUCTION GRANTS
PROGRAM, THE STATE SHALL BE RESPONSIBLE FOR MEETING THESE REQUIREMENTS
FOR PUBLIC PARTICIPATION, AND ANY APPLICABLE PUBLIC PARTICIPATION
RQUIREMENTS FOUND ELSEWHERE IN THIS CHAPTER TO THE SAME EXTENT AS EPA.
(F) WHERE THE STATE UNDERTAKES FUNCTIONS IN THOSE PROGRAMS
SUPERFICIALLY CITED IN SECTION 25.2 (A) (7), THE STATE SHALL BE
RESPONSIBLE FOR MEETING THE REQUIREMENTS FOR PUBLIC PARTICIPATION
INCLUDING IN THE APPLICABLE REGULATIONS GOVERNING THOSE STATE PROGRAMS.
THE REQUIREMENTS FOR PUBLIC PARTICIPATION IN STATE HAZARDOUS WASTE
PROGRAMS, DREDGE AND FILL PERMIT PROGRAMS, UNDER-ROUND INJECTION CONTROL
PROGRAMS AND NPDES PERMIT PROGRAMS ARE OFUND IN PART 123 OF THIS
CHAPTER. THESE REGULATIONS EMBODY THE SUBSTANTIVE REQUIREMENTS OF THIS
PART.
(G) THESE REGULATIONS APPLY TO THE ACTIVITIES OF ALL AGENCIES
RECEIVING EPA FINANCIAL ASSISTANCE WHICH IS AWARDED AFTER (THE EFFECTIVE
DATE OF FINAL REGULATIONS), AND TO ALL OTHER COVERED ACTIVITIES OF EPA,
STATE, INTERSTATE, AND SUBSTATE AGENCIES WHICH OCCUR AFTER THAT DATE.
THESE REGULATIONS WILL APPLY TO ONGOING GRANTS OR OTHER COVERED
ACTIVITIES UPON ANY SIGNIFICANT CHANGE IN THE ACTIVITY (FOR EXAMPLE,
UPON A SIGNIFICANT PROPOSED INCREASE IN PR0JECT SCOPE OF A CONSTRUCTION
GRANT). PARTS 105 (PUBLIC PARTICIPATION IN WATER POLLUTION CONTROL) AND
249 (PUBLIC PARTICIPATION IN SOLID WASTE MANAGEMENT) WILL NO LONGER
APPEAR IN THE CODE OF FEDERAL REGULATIONS; HOWEVER, THEY WILL REMAIN
APPLICABLE, IN UNCODIFIED FORM, TO GRANTS AWARDED PRIOR TO THE EFFECTIVE
DATE OF THIS PART AND TO ALL OTHER ONGOING ACTIVITIES.
SECTION 25.3 POLICY AND OBJECTIVES.
(A) EPA, STATE, INTERSTATE, AND SUBSTATE AGENCIES CARRYING OUT
ACTIVITIES DESCRIBED IN SECTION 25.2 (A) SHALL PROVIDE FOR, ENCOURAGE,
AND ASSIST THE PARTICIPATION OF THE PUBLIC. THE TERM, "THE PUBLIC" IN
THE BROADEST SENSE MEANS THE PEOPLE AS A WHOLE, THE GENERAL POPULACE.
THERE ARE A NUMBER OF IDENTIFIABLE "SEGMENTS OF THE PUBLIC" WHICH MAY
HAVE A PARTICULAR INTEREST IN A GIVEN PROGRAM OR DECISION. INTERESTED
AND AFFECTED SEGMENTS OF THE PUBLIC MAY BE AFFECTED DIRECTLY BY A
DECISION EITHER BENEFICIALLY OR ADVERSLEY; THEY MAY BE AFFECTED
INDIRECTLY; OR THEY MAY HAVE SOME OTHER CONCERN ABOUT THE DECISION. IN
ADDITION TO PRIVATE CITIZENS, THE PUBLIC MAY INCLUDE AMONG OTHERS,
REPRESENTATIVES OF CONSUMER, ENVIRONMENTAL, AND MINORITY ASSOCIATIONS;
TRADE, INDUSTIRAL, AGRICULTURAL, AND LABOR ORGANIZATIONS; PUBLIC
HEALTH, SCIENTIFIC, AND PROFESSIONAL SOCIETIES; CIVIC ASSOCIATIONS;
PUBLIC OFFICIALS; AND GOVERNMENTAL AND EDUCATIONAL ASSOCIATIONS.
(B) PUBLIC PARTICIPATION IS THAT PART OF THE DECISION-MAKING PROCESS
THROUGH WHICH RESPONSIBLE OFFICIALS BECOME AWARE OF PUBLIC ATTITUDES BY
PROVIDING AMPLE OPPORTUNITY FOR INTERESTED AND AFFECTED PARTIES TO
COMMUNICATE THEIR VIEWS. PUBLIC PARTICIPATION INCLUDES PROVIDING ACCESS
TO THE DECISION MAKING PROCESSES, SEEKING INPUT FROM AND CONDUCTING
DIALOGUE WITH THE PUBLIC, ASSIMILATING PUBLIC VIEWPOINTS AND PREFERENCES
AND DEMONSTRATING THAT THOSE VIEWPOINTS AND PREFERENCES HAVE BEEN
CONSIDERED BY THE DECISION MAKING OFFICIAL. DISAGREEMENTS ON
SIGNIFICANT ISSUES IS TO BE EXPECTED AMONG GOVERNMENT AGENCIES AND THE
DIVERSE GROUPS INTERESTED IN AN AFFECTED BY PUBLIC POLICY DECISIONS.
PUBLIC AGENCIES SHOULD ENCOURAGE FULL PRESENTATION OF ISSUES AT AN EARLY
STAGE SO THAT THEY CAN BE RESOLVED AND TIMELY DECISIONS CAN BE MADE. IN
THE COURSE OF THIS PROCESS, RESPONSIBLE OFFICIALS SHOULD MAKE SPECIAL
EFFORTS TO ENCOURAGE AND ASSIST PARTICIPATION BY CITIZENS REPRESENTING
THEMSELVES AND BY OTHERS WHOSE RESOURCES AND ACCESS TO DECISION-MAKING
MAY BE RELATIVELY LIMITED.
(C) THE FOLLOWING ARE THE OBJECTIVES OF EPA, STATE, INTERSTATE, AND
SUBSTATE AGENCIES IN CARRYING OUT ACTIVITIES COVEFED BY THIS PART:
(1) TO ASSURE THAT THE PUBLIC HAS THE OPPORTUNITY TO UNDERSTAND
OFFICIAL PROGRAMS AND PROPOSED ACTIONS, AND THAT THE GOVERNMENT FULLY
CONSIDERS THE PUBLIC'S CONCERNS;
(2) TO ASSURE THAT THE GOVERNMENT DOES NOT MAKE ANY SIGNIFICANT
DECISION ON ANY ACTIVITY COVERED BY THIS PART WITHOUT CONSULTING
INTERESTED AND AFFECTED SEGMENTS OF THE PUBLIC;
(3) TO ASSURE THAT GOVERNMENT ACTION IS AS RESPONSIVE AS POSSIBLE TO
PUBLIC CONCERN;
(4) TO ENCOURAGE PUBLIC INVOLVEMENT IN IMPLEMENTING ENVIRONMENTAL
LAWS;
(5) TO KEEP THE PUBLIC INFORMED ABOUT SIGNIFICANT ISSUES AND PROPOSED
PROJECT OR PROGRAM CHANGES AS THEY ARISE;
(6) TO FOSTER A SPIRIT OF OPENNESS AND MUTUAL TRUST AMONG EPA,
STATES, SUBSTATE AGENCIES AND THE PUBLIC; AND
(7) TO USE ALL FEASIBLE MEANS TO CREATE OPPORTUNITIES FOR PUBLIC
PARTICIPATION, AND TO STIMULATE AND SUPPORT PARTICIPATION.
SECTION 25.4 INFORMATION, NOTIFICATION, AND CONSULTATION
RESPONSIBILITIES.
(A) GENERAL. EPA, STATE, INTERSTATE, AND SUBSTATE AGENCIES SHALL
CONDUCT A CONTINUING PROGRAM FOR PUBLIC INFORMATION AND PARTICIPATION IN
THE DEVELOPMENT AND IMPLEMENTATION OF ACTIVITIES COVERED BY THIS PART.
THIS PROGRAM SHALL MEET THE FOLLOWING REQUIREMENTS:
(B) INFORMATION AND ASSISTANCE REQUIREMENTS. (1) PROVIDING
INFORMATION TO THE PUBLIC IS A NECESSARY PREREQUISITE TO MEANINGFUL,
ACTIVE PUBLIC INVOLVEMENT. AGENCIES SHALL DESIGN INFORMATIONAL
ACTIVITIES TO ENCOURAGE AND FACILITATE THE PUBLIC'S PARTICIPATION IN ALL
SIGNIFICANT DECISIONS COVERED BY SECTION 25.2 (A), PARTICULARLY WHERE
ALTERNATIVE COURSES OF ACTION ARE PROPOSED.
(2) EACH AGENCY SHALL PROVIDE THE PUBLIC BWITH CONTINUING POLICY,
PROGRAM, AND TECHNICAL INFORMATION AND ASSISTANCE BEGINNING AT THE
EARLIEST PRACTICABLE TIME. INFORMATIONAL MATERIALS SHALL HIGHLIGHT
SIGNIFICANT ISSUES THAT WILL BE THE SUBJECT OF DECISION-MAKING.
WHENEVER POSSIBLE, CONSISTENT WITH APPLICABLE STATUTORY REQUIREMENTS,
THE SOCIAL, ECONOMIC AND ENVIRONMENTAL CONSEQUENCES OF PROPOSED
DECISIONS SHALL BE CLEARLY STATED IN SUCH MATERIAL. EACH AGENCY SHALL
IDENTIFY SEGMENTS OF THE PUBLIC LIKELY TO BE AFFECTED BY AGENCY
DECISIONS AND SHOULD CONSIDER TARGETING INFORMATIONAL MATERIALS TOWARD
THEM (IN ADDITION TO THE MATERIALS DIRECTED TOWARD THE GENERAL PUBLIC).
LENGTHY DOCUMENTS AND COMPLEX TECHNICAL MATERIALS THAT RELATE TO
SIGNIFICANT DECISIONS SHOULD BE SUMMARIZED FOR PUBLIC AND MEDIA USES.
FACT SHEETS, NEWS RELEASES, NEWSLETTERS, AND OTHER SIMILAR PUBLICATIONS
MAY BE USED TO PROVIDE NOTICE THAT MATERIALS ARE AVAILABLE AND TO
FACILITATE PUBLIC UNDERSTANDING OF MORE COMPLEX DOCUMENTS, BUT SHALL NOT
BE A SUBSTITUTE FOR PUBLIC ACCESS TO THE FULL DOCUMENTS.
(3) EACH AGENCY SHALL PROVIDE ONE OR MORE CENTRAL COLLECTIONS OF
REPORTS, STUDIES, PLANS, AND OTHER DOCUMENTS RELATING TO CONTROVERSIAL
ISSUES OR SIGNIFICANT DECISIONS IN A CONVENIENT LOCATION OR LOCATIONS,
FOR EXAMPLE, IN PUBLIC LIBRARIES. EXAMPLES OF SUCH DOCUMENTS ARE
CATALOGS OF DOCUMENTS AVAILABLE FROM THE AGENCY, GRANT APPLICATIONS,
FACT SHEETS ON PERMITS AND PERMIT APPLICATIONS, PERMITS, EFFLUENT
DISCHARGE INFORMATION AND COMPLIANCE SCHEDULE REPORTS. COPYING
FACILITIES AT REASONABLE COST SHOULD BE AVAILABLE AT THE DEPOSITORIES.
(4) WHENEVER POSSIBLE, AGENCIES SHALL PROVIDE COPIES OF DOCUMENTS OF
INTEREST TO THE PUBLIC FREE OF CHARGE. CHARGES FOR COPIES SHOULD NOT
EXCEED PREVAILING COMMERCIAL COPYING COSTS. EPA REQUIREMENTS GOVERNING
CHARGES FOR INFORMATION AND DOCUMENTS PROVIDED TO THE PUBLIC IN RESPONSE
TO REQUESTS MADE UNDER THE FREEDOM OF INFORMATION ACT ARE SET FORTH IN
PART 2 OF THIS CHAPTER. CONSISTENT WITH THE OBJECTIVES OF SECTION 25.3
(B), AGENCIES MAY RESERVE THEIR SUPPLY OF FREE COPIES FOR PRIVATE
CITIZENS AND OTHERS WHOSE RESOURCES ARE LIMITED.
(5) EACH AGENCY SHALL DEVELOP AND MAINTAIN A LIST OF PERSONS AND
ORGANIZATIONS WHO HAVE EXPRESSED AN INTEREST IN OR MAY, BY THE NATURE OF
THEIR PURPOSES, ACTIVITIES OR MEMBERS, BE AFFECTED BY OR HAVE AN
INTEREST IN ANY COVERED ACTIVITY. GENERALLY, THIS LIST WILL BE MOST
USEFUL WHERE SUBDIVIDED BY AREA OF INTEREST OR GEOGRAPHIC AREA.
WHENEVER POSSIBLE, THE LIST SHOULD INCLUDE REPRESENTATIVES OF THE
SEVERAL CATEGORIES OF INTERESTS LISTED UNDER SECTION 25.3 (A). THOSE ON
THE LIST, OR RELEVANT PORTIONS IF THE LIST IS SUBDIVIDED, SHALL RECEIVE
TIMELY AND PERIODIC NOTIFICATION OF THE AVAILABILITY OF MATERIALS UNDER
SECTION 25.4 (B SYMBOL OMITTED 2).
(C) PUBLIC NOTIFICATION. EACH AGENCY SHALL NOTIFY INTERESTED AND
AFFECTED PARTIES, INCLUDING APPROPRIATE PORTIONS OF THE LIST REQUIRED BY
PARAGRAPH (B SYMBOL OMITTED 5) OF THIS SECTION, AND THE MEDIA IN ADVANCE
OF TIMES AT WHICH MAJOR DECISIONS NOT COVERED BY NOTICE REQUIREMENTS FOR
PUBLIC MEETINGS OR PUBLIC HEARINGS ARE BEING CONSIDERED. GENERALLY,
NOTICES SHOULD INCLUDE THE TIMETABLES IN WHICH A DECISION WILL BE
REACHED, THE ISSUES UNDER CONSIDERATION, ANY ALTERNATIVE COURSES OF
ACTION OR TENTATIVE DETERMINATIONS WHICH THE AGENCY HAS MADE, A BRIEF
LISTING OF THE APPLICABLE LAWS OR REGULATIONS, THE LOCATION WHERE
RELEVANT DOCUMENTS MAY BE REVIEED OR OBTAINED, IDENTIFICATION OF ANY
ASSOCIATED PUBLIC PARTICIPATION OPPORTUNITIES SUCH AS WORKSHOPS OR
MEETINGS, THE NAME OF AN INDIVIDUAL TO CONTACT FOR ADDITIONAL
INFORMATION, AND ANY OTHER APPROPRIATE INFORMATION. ALL ADVANCE
NOTIFICATIONS UNDER THIS PARAGRAPH MUST BE PROVIDED FAR ENOUGH IN
ADVANCE OF AGENCY ACTION TO PERMIT TIME FOR PUBLIC RESPONSE; GENERALLY
THIS SHOULD NOT BE LESS THAN 30 DAYS.
(D) PUBLIC CONSULTATION. FOR THE PURPOSES OF THIS PART, "PUBLIC
CONSULTATION" MEANS AN EXCHANGE OF VEIWS BETWEEN GOVERNMENTAL AGENCIES
AND INTERESTED OR AFFECTED PERSONS AND ORGANIZATIONS IN ORDER TO MEET
THE OBJECTIVES SET FORTH IN SECTION 25.3. REQUIREMENTS FOR THREE COMMON
FORMS OF PUBLIC CONSULTATION (PUBLIC HEARINGS, PUBLIC MEETINGS, AND
ADVISORY GROUPS) ARE SET FORTH IN SECTIONS 25.5, 25.6 AND 25.7. OTHER
LESS FORMAL CONSULTATION MECHANISMS MAY INCLUDE BUT ARE NOT LIMITED TO
REVIEW GROUPS AD HOC COMMITTEES, TASK FORCES, WORKSHOPS, SEMINARS AND
INFORMAL PERSONAL COMMUNICATIONS WITH INVIDIDUALS AND GROUPS. PUBLIC
CONSULTATION MUST BE PRECEDED BY TIMELY DISTRIBUTION OF INFORMATION AND
MUST OCCUR SUFFICIENTLY IN ADVANCE OF DECISION-MAKING TO ALLOW THE
AGENCY TO ASSIMILATE PUBLIC VIEWS INTO AGENCY ACTION. EPA, STATE,
INTERSTATE, AND SUBSTATE AGENCIES SHALL PROVIDE FOR EARLY AND CONTINUING
PUBLIC CONSULTATION IN ANY SIGNIFICANT ACTION COVERED BY THIS PART.
MERELY CONFERRING WITH THE PUBLIC AFTER AN AGENCY DECISION DOES NOT MEET
THIS REQUIREMENT. IN ADDITION TO HOLDING HEARINGS AND MEETINGS AS
SPECIFICALLY REQUIRED IN THIS CHAPTER, A HEARING OR MEETING SHALL BE
HELD IF EPA, THE STATE, INTERSTATE, OR SUBSTATE AGENCY DETERMINES THAT
THERE IS SIGNIFICANT PUBLIC INTEREST OR THAT A HEARING OR MEETING WOULD
BE USEFUL.
(E) PUBLIC INFORMATION CONCERNING LEGAL PROCEEDINGS. EPA, STATE,
INTERSTATE, AD SUBSTATE AGENCIES SHALL PROVIDE FULL AND OPEN INFORMATION
ON LEGAL PROCEEDINGS TO THE EXTENT NOT INCONSISTENT WITH COURT
REQUIREMENTS, AND WHERE SUCH DISCLOSURE WOULD NOT PREJUDICE THE COONDUCT
OF THE LITIGATION. EPA ACTIONS WITH REGARD TO AFFORDING OPPORTUNITIES
FOR PUBLIC COMMENT BEFORE THE DEPARTMENT OF JUSTICE CONSENTS TO A
PROPOSED JUDGMENT IN AN ACTION TO ENJOIN DISCHARGES OF POLLUTANTS INTO
THE ENVIRONMENT SHALL BE CONSISTENT WITH THE STATEMENT OF POLICY ISSUED
BY THE DEPARTMENT OF JUSTICE (SEE TITLE 28, CODE OF FEDERAL REGULATIONS
CHAPTER 1, SECTION 50.7).
25.5. PUBLIC HEARINGS.
(A) APPLICABILITY. ANY NON-ADJUDICATORY PUBLIC HEARING, WHETHER
MANDATORY OR DISCRETIONARY, UNDER THE THREE ACTS SHALL MEET THE
FOLLOWING MINIMIUM REQUIREMENTS. THESE REQUIREMENTS ARE SUBORDINATE TO
ANY MORE STRINGENT REQUIREMENTS FOUND ELSEWHERE IN THIS CHAPTER OR
OTHERWISE IMPOSED BY EPA, STATE, INTERSTATE, OR SUBSTATE AGENCIES.
PROCEDURES DEVELOPED FOR ADJUDICATORY HEARINGS REQUIRED BY THIS CHAPTER
SHALL BE CONSISTENT WITH THE PUBLIC PARTICIPATION OBJECTIVES OF THIS
PART, TO THE EXTENT PRACTICABLE.
(B) NOTICE. A NOTICE OF EACH HEARING SHALL BE WELL PUBLICIZED, AND
SHALL ALSO BE MAILED TO THE APPROPRIATE PORTIONS OF THE LIST OF
INTERESTED AND AFFECTED PARTIES REQUIRED BY SECTION 25.4 (B SYMBOL
OMITTED 5). EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED ELSEWHERE IN THIS
CHAPTER, THESE ACTIONS MUST OCCUR AT LEAST 45 DAYS PRIOR TO THE DATE OF
THE HEARING. HOWEVER, WHERE EPA DETEMINES THAT THERE ARE NO SUBSTANTIAL
DOCUMENTS WHICH MUST BE REVIEWED FOR EFFECTIVE HEARING PARTICIPATION AND
THAT THERE ARE NO COMPLEX OR CONTROVERSIAL MATTERS TO BE ADDRESSED BY
THE HEARING, THE NOTICE REQUIREMENT MAY BE REDUCED TO NO LESS THAN 30
DAYS. EPA MAY FURTHER REDUCE OR WAIVE THE HEARING NOTICE REQUIREMENT IN
EMERGENCY SITUATIONS WHERE EPA DETERMINES THAT THERE IS AN IMMINENT
DANGER TO PUBLIC HEALTH.
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT, AND THE MARINE PROTECTION RESEARCH AND SANCTUARIES ACT
FEDERAL REGISTER, VOL 44 NO 34
PUBLIC PARTICIPATION IN PROGRAMS UNDER RCRA SAFE DRINKING WATER ACT AND CLEAN WATER ACT PART 5
790216
PART 006 OF 6
EPA
113069
SENATE
HEARINGS
TRANSCRIPT
REGULATIONS
ATTACHMENT TO 08113050 PARENT DOCUMENT.
TO THE EXTENT NOT DUPLICATIVE, THE AGENCY HOLDING THE HEARING SHALL
ALSO PROVIDE INFORMAL NOTICE TO ALL INTERESTED PERSONS OR ORGANIZATIONS
THAT REQUEST IT. THE NOTICE SHALL IDENTIFY THE MATTERS TO BE DISCUSSED
AT THE HEARING AND SHALL INCLUDE OR BE ACCOMPANIED BY A DISCUSSION OF
THE AGENCY'S TENTATIVE DETERMINATION ON MAJOR ISSUES (IF ANY),
INFORMATION ON THE AVAILABILITY OF A BIBLIOGRAPHY OF RELEVANT MATERIALS
(IF DEEMED APPROPRIATE), AND PROCEDURES FOR OBTAINING FURTHER
INFORMATION. REPORTS, DOCUMENTS AND DATA RELEVANT TO THE DISCUSSION AT
THE PUBLIC HEARING SHALL BE AVAILABLE TO THE PUBLIC AT LEAST 30 DAYS
BEFORE THE HEARING. EARLIER AVAILABILITY OF MATERIALS RELEVANT TO THE
HEARING WILL FURTHER ASSIST PUBLIC PARTICIPATION AND IS ENCOURAGED WHERE
POSSIBLE.
(C) LOCATIONS AND TIME. HEARINGS MUST BE HELD AT TIMES AND PLACED
WHICH, TO THE MAXIMUM EXTENT FEASIBLE, FACILITATE ATTENDANCE BY THE
PUBLIC. ACCESSIBILITY OF PUBLIC TRANSPORTATION AND USE OF EVENING AND
WEEKEND HEARINGS, SHOULD BE CONSIDERED. IN THE CASE OF ACTIONS WITH
STATEWIDE INTEREST, HOLDING MORE THAN ONE HEARING SHOULD BE CONSIDERED.
(D) SCHEDULING PRESENTATIONS. THE AGENCY HOLDING THE HEARING SHALL
SCHEDULE WITNESSES IN ADVANCE, WHEN NECESSARY, TO ENSURE MAXIMUM
PARTICIPATION AND ALLOTMENT OF ADEUQATE TIME FOR ALL SPEAKERS. HOWEVER,
THE AGENCY SHALL RESERVE SOME TIME FOR UNSCHEDULED TESTIMONY AND MAY
CONSIDER RESERVING BLOCKS OF TIME FOR MAJOR CATEGORIES OF WITNESSES.
(E) CONDUCT OF HEARING. THE AGENCY HOLDING THE HEARING SHALL INFORM
THE AUDIENCE OF THE ISSUES INVOLVED IN THE DECISION TO BE MADE, THE
CONSIDERATIONS THE AGENCY WILL TAKE INTO ACCOUNT, THE AGENCY'S TENTATIVE
DETERMINATIONS (IF ANY), AND THE INFORMATION WHICH IS PARTICULARLY
SOLICITED FROM THE PUBLIC. THE AGENCY SHOULD CONSIDER ALLOWING A
QUESTION AND ANSWER PERIOD. PROCEDURES SHALL NOT UNDULY INHIBIT FREE
EXPRESSION OF VIEWS (FOR EXAMPLE, BY ONEROUS WRITTEN STATEMENT
REQUIREMENTS OR QUALIFICATION OF WITNESSES BEYOND MINIMUM
IDENTIFICATION).
(F) RECORD. THE AGENCY HOLDING THE HEARING SHALL PREPARE A
TRANSCRIPT, RECORDING OR OTHER COMPLETE RECORD OF PUBLIC HEARING
PROCEEDINGS AND MAKE IT AVAILABLE AT NO MORE THAN COST TO ANYONE WHO
REQUESTS IT. A COPY OF THE RECORD SHALL BE AVAILABLE FOR PUBLIC REVIEW.
PUBLIC MEETINGS ARE ANY ASSEMBLIES OR GATHERING, (SUCH AS
CONFERENCES, INFORMATION SESSIONS, SEMINARS, WORKSHOPS, OR OTHER
ACTIVITIES) WHICH THE RESPONSIBLE AGENCY INTENDS TO BE OPEN TO ANYONE
WISHING TO ATTEND. PUBLIC MEETINGS ARE LESS FORMAL THAN PUBLIC
HEARINGS. THEY DO NOT REQUIRE FORMAL PRESENTATIONS, SCHEDULING OF
PRESENTATIONS AND A RECORD OF PROCEEDINGS. THE REQUIREMENTS OF SECTION
25.5 (B) AND (C) ARE APPLICABLE TO PUBLIC MEETINGS, EXCEPT THAT THE
AGENCY HOLDING THE MEETING MAY REDUCE THE NOTICE TO NOT LESS THAN 30
DAYS IF THERE IS GOOD REASON THAT LONGER NOTICE CANNOT BE PROVIDED.
(A) APPLICABILITY. THE REQUIREMENTS OF THIS SECTION ON ADVISORY
GROUPS SHALL BE MET WHENEVER PROVISIONS OF THIS CHAPTER REQUIRE USE OF
AN ADVISORY GROUP BY STATE, INTERSTATE, OR SUBSTATE AGENCIES INVOLVED IN
ACTIVITIES SUPPORTED BY EPA FINANCIAL ASSISTANCE UNDER ANY OF THE THREE
ACTS.
(B) ROLE. PRIMARY RESPONSIBILITY FOR DECISION-MAKING IN
ENVIRONMENTAL PROGRAMS IS VESTED BY LAW IN THE ELECTED AND APPOINTED
OFFICIALS WHO SERVE ON PUBLIC BODIES AND AGENCIES AT VARIOUS LEVELS OF
GOVERNMENT. HOWEVER, ALL SEGMENTS OF THE PUBLIC MUST HAVE THE
OPPORTUNITY TO PARTICIPATE IN ENVIRONMENTAL QUALITY PLANNING.
ACCORDINGLY, WHERE EPA IDENTIFIES A NEED FOR CONTINUED ATTENTION OF AN
INFORMED CORE GROUP OF CITIZENS IN RELATION TO ACTIVITIES CONDUCTED WITH
EPA FINANCIAL ASSISTANCE, PROGRAM REGULATIONS ELSEWHERE IN THIS CHAPTER
WILL REQUIRE AN ADVISORY GROUP TO BE APPOINTED BY THE FINANCIALLY
ASSISTED AGENCY. SUCH ADVISORY GROUPS WILL NOT BE THE SOLE MECHANISM
FOR PUBLIC PARTICIPATION, BUT WILL BOMPLEMENT OTHER MECHANISMS. THEY
ARE INTENDED TO ASSIST ELECTED OR APPOINTED OFFICIALS WITH FINAL
DECISION-MAKING RESPONSIBILITY BY MAKING RECOMMENDATIONS TO SUCH
OFFICIALS ON IMPORTANT ISSUES. IN ADDITION, ADVISORY GROUPS SHOULD
FOSTER A CONSTRUCTIVE INTERCHANGE AMONG THE VARIOUS INTERESTS PRESENT ON
THE GROUP AND ENHANCE THE PROSPECT OF COMMUNITY ACCEPTANCE OF AGENCY
ACTION.
(C) MEMBERSHIP. (1) THE AGENCY RECEIVING FINANCIAL ASSISTANCE SHALL
ASSURE THAT THE ADVISORY GROUP REFLECTS A BALANCE OF INTERESTS IN THE
AFFECTED AREA. IN ORDER TO MEET THIS REQUIREMENT, THE ASSISTED AGENCY
SHALL TAKE POSITIVE ACTION. IN ACCORDANCE WITH PARAGRAPH (C) (3), TO
ESTABLISH AN ADVISORY GROUP WHICH CONSISTS OF SUBSTANTIALLY EQUIVALENT
PROPORTIONS OF THE FOLLOWING FOUR GROUPS:
(I) PRIVATE CITIZENS. NO PERSON MAY BE INCLUDED IN THIS PORTION OF
THE ADVISORY GROUP WHO IS LIKELY TO INCUR A FINANCIAL GAIN OR LOSS
GREATER THAN THAT OF AN AVERAGE HOMEOWNER, TAXPAYER OR CONSUMER AS A
RESULT OF ANY ACTION LIKELY TO BE TAKEN BY THE ASSISTED AGENCY.
(II) REPRESENTATIVES OF PUBLIC INTEREST GROUPS. A "PUBLIC INTEREST
GROUP" IS AN ORGANIZATION WHICH REFLECTS A GENERAL CIVIC, SOCIAL,
RECREATIONAL, ENVIRONMENTAL OR PUBLIC HEALTH PERSPECTIVE IN THE AREA AND
WHICH DOES NOT DIRECTLY REFLECT THE ECONOMIC INTERESTS OF THE
MEMBERSHIP.
(III) PUBLIC OFFICIALS.
(IV) CITIZENS OR REPRESENTATIVES OF ORGANIZATIONS WITH SUBSTANTIAL
ECONOMIC INTERESTS IN THE PLAN OR PROJECT.
(2) GENERALLY, WHERE THE ACTIVITY HAS A PARTICULAR GEOGRAPHIC
FOCUS, THE ADVISORY GROUP SHALL BE MADE UP OF PERSONS WHO
ARE RESIDENTS OF THAT GEOGRAPHIC AREA.
(3) IN ORDER TO MEET THE ADVISORY GROUP MEMBERSHIP REQUIREMENTS OF
PARAGRAPH (C) (1), THE ASSISTED AGENCY SHALL:
(I) IDENTIFY PUBLIC INTEREST GROUPS, ECONOMIC INTERESTS, AND PUBLIC
OFFICIALS WHO ARE INTERESTED IN OR AFFECTED BY THE ASSISTED ACTIVITY.
(II) MAKE ACTIVE EFFORTS TO INFORM CITIZENS IN THE AFFECTED AREA, AND
THE PERSONS OR GROUPS IDENTIFIED UNDER PARAGRAPH (C) (3) (A), OF THIS
OPPORTUNITY FOR PARTICIPATION ON THE ADVISORY GROUP. THIS MAY INCLUDE
SUCH ACTIONS AS PLACING NOTICES OR ANNOUNCEMENTS IN THE NEWSPAPERS OR
OTHER MEDIA, MAILING WRITTEN NOTICES TO INTERESTED PARTIES, CONTACTING
ORGANIZATIONS OR INDIVIDUALS DIRECTLY, REQUESTING ORGANIZATIONS TO
NOTIFY THEIR MEMBERS THROUGH MEETINGS, NEWSLETTERS OR OTHER MEANS.
(III) WHERE THE MEMBERSHIP COMPOSITION SET FORTH IN PARAGRAPH (C) (1)
IS NOT MET AFTER THA BOVE ACTIONS, THE ASSISTED AGENCY SHALL IDENTIFY
THE CAUSATIVE PROBLEMS AND MAKE ADDITIONAL EFFORTS TO OVERCOME SUCH
PROBLEMS. FOR EXAMPLE, THE AGENCY SHOULD MAKE PERSONAL CONTACT WITH
PROSPECTIVE PARTICIPANTS TO INVITE THEIR PARTICIPATION.
(IV) WHERE PROBLEMS IN MEETING THE MEMBERSHIP COMPOSITION ARISE,THE
AGENCY SHOULD REQUEST ADVICE AND ASSISTANCE FROM EPA.
(D) THE ASSISTED AGENCY SHALL RECORD THE NAMES AND MAILING ADDRESSES
OF EACH MEMBER OF THE ADVISORY GROUP, WITH THE ATTRIBUTES OF EACH IN
RELATION TO THE MEMBERSHIP REQUIREMENTS SET FORTH IN PARAGRAPH (C) (1),
PROVIDE A COPY TO EPA, AND AMKE THE LIST AVAILABLE TO THE PUBLIC. IN
THE EVENT THAT THE MEMBERSHIP REQUIREMENTS SET FORTH IN PARAGRAPH (C)
(1) ARE NOT MET, THE ASSISTED AGENCY SHALL APPEND TO THE LIST A
DESCRIPTION OF ITS EFFORTS TO COMPLY WITH THOSE REQUIREMENTS AND AN
EXAPLANATION OF THE PROBLEMS WHICH PREVENTED COMPLIANCE. EPA SHALL
REVIEW THE AGENCY'S EFFORTS TO COMPLY AND APPROVE THE ADVISORY GROUP
COMPOSITION OR, IF THE AGENCY'S EFFORTS WERE INADEQUATE, REQUIRE
ADDITIONAL ACTIONS TO ACHIEVE THE REQUIRED MEMBERSHIP COMPOSITION.
(E) RESPONSIBILITIES OF THE ASSISTED AGENCY. (1) THE ASSISTED AGENCY
SHALL DESIGNATE A STAFF CONTACT WHO WILL BE RESPONSIBLE FOR DAY-TO-DAY
COORDINATION AMON- THE ADVISORY GROUP, THE AGENCY, AND ANY AGENCY
CONTRACTORS OR CONSULTANTS. THE FINANCIAL ASSISTANCE AGREEMENT SHALL
INCLUDE A BUDGET ITEM FOR THIS STAFF CONTACT. WHERE SUBSTANTIAL
PORTIONS OF THE ASSISTED AGENCY'S RESPONSIBILITIES WILL BE MET UNDER
CONTRACT, THE AGENCY SHALL REQUIRE A SIMILAR DESIGNATION, AND BUDGET
SPECIFICATION, OR ITS CONTRACTOR. IN THE LATTER EVENT, THE ASSISTED
AGENCY DOES NOT HAVE TO DESIGNATE A SEPARATE STAFF CONTACT ON ITS OWN
STAFF, IF THE REGIONAL ADMINISTRATOR DETERMINES THAT THE CONTRACTOR'S
DESIGNATION WILL RESULT IN ADEQUATE COORDINATION. THE STAFF CONTACT
SHALL BE LOCATED IN THE PROJECT AREA.
(2) THE ASSISTED AGENCY HAS SUCH RESPONSIBILITIES AS PROVIDING THE
ADVISORY GROUP WITH INFORMATION, IDENTIFYING ISSUES FOR THE ADVISORY
GROUP'S CONSIDERATION, CONSULTING WITH THE ADVISORY GROUP THROUGHOUT THE
PROJECT, REQUESTING THE ADVISORY GROUP'S RECOMMENDATIONS PRIOR TO MAJOR
DECISIONS, TRANSMITTING ADVISORY GROUP RECOMMENDATIONS TO
DECISION-MAKING OFFICIALS, AND MAKING WRITTEN RESPONSES AVAILABLE TO THE
PUBLIC. TO THE MAXIMUM EXTENT FEASIBLE, THE ASSISTED AGENCY SHALL
INVOLVE THE ADVISORY GROUP IN THE DEVELOPMENT OF THE PUBLIC
PARTICIPATION PROGRAM.
(3) THE ASSISTED AGENCY SHALL IDENTIFY PROFESSIONAL AND CLERICAL
STAFF TIME WHICH THE ADVISORY GROUP MAY DEPEND UPON OFR ASSISTANCE, AND
PROVIDE THE ADVISORY GROUP WITH AN OPERATING BUDGET WHICH MAY BE USED
FOR TECHNICAL ASSISTANCE AND OTHER PURPOSES AGREED UPON BETWEEN THE
ADVISORY GROUP AND THE AGENCY.
(4) THE ASSISTED AGENCY SHALL ESTABLISH A SYSTEM TO MAKE COSTS OF
REASONABLE OUT-OF-POCKET EXPENSES OF ADVISORY GROUP PARTICIPATION
AVAILABLE TO GROUP MEMBERS. TIME AWAY FROM WORK NEED NOT BE REIMBURSED;
HOWEVER, ASSISTED AGENCIES ARE ENCOURAGED TO SCHEDULE MEETINGS AT TIMES
AND PLACES WHICH WILL NOT REQUIRE MEMBERS TO LEAVE THEIR JOBS TO ATTEND.
(F) ADVISORY GROUP RESPONSIBILITIES AND DUTIES. THE ADVISORY GROUP
MAY SELECT ITS OWN CHAIRPERSON, ADOPT ITS OWN RULES OR ORDER, AND
SCHEDULE AND CONDUCT ITS OWN MEETINGS. ADVISORY GROUP MEETINGS SHALL BE
ANNOUNCED WELL IN ADVANCE AND SHALL BE OPEN TO THE PUBLIC. AT ALL
MEETINGS, THE ADVISORY GROUP SHALL PROVIDE OPPORTUNITY FOR PUBLIC
COMMENT. ANY MINUTES OF ADVISORY GROUP MEETINGS AND RECOMMENDATIONS TO
THE ASSISTED AGENCY SHALL BE AVAILABLE TO THE PUBLIC. THE ADVISORY
GROUP SHOULD MONITOR THE PROGRESS OF THE PROJECT AND BECOME FAMILIAR
WITH ISSUES RELEVANT TO PROJECT DEVELOPMENT. IN THE EVENT THE ASSISTED
AGENCY AND THE ADVISORY GROUP AGREE THAT THE ADVISORY GROUP WILL ASSUME
PUBLIC PARTICIPATION RESPONSIBILITIES, THE GROUP SHOULD UNDERTAKE THOSE
RESPONSIBILITIES PROMPTLY. THE ADVISORY GROUP SHOULD MAKE WRITTEN
RECOMMENDATIONS DIRECTLY TO THE ASSISTED AGENCY AND TO RESPONSIBLE
DECISION MAKING OFFICIALS ON MAJOR DECISIONS (INCLUDING APPROVAL OF THE
PUBLIC PARTICIPATION PROGRAM) AND RESPOND TO ANY REQUESTS FROM THE
AGENCY OR DECISION-MAKING OFFICIALS FOR RECOMMENDATION. THE ADVISORY
GROUP SHOULD REMAIN AWARE OF COMMUNITY ATTITUDES AND RESPONSES TO ISSUES
AS THEY ARISE. AS PART OF THIS EFFORT, THE ADVISORY GROUP MAY, WITHIN
THE LIMITATIONS OF AVAILABLE RESOURCES, CONDUCT PUBLIC PARTICIPATION
ACTIVITIES IN CONJUNCTION WITH THE ASSISTED AGENCY; SOLICIT OUTSIDE
ADVICE; AND ESTABLISH, IN CONJUNCTION WITH THE ASSISTED AGENCY,
SUBCOMMITTEES AD HOC GROUPS, OR TASK FORCES TO INVIESTIGATE AND DEVELOP
RECOMMENDATIONS ON PARTICULAR ISSUES AS THEY ARISE. THE ADVISORY GROUP
SHOULD UNDERTAKE ITS RESPONSIBILITIES FULLY AND PROMPTLY IN ACCORDANCE
WITH THE POLICIES AND REQUIREMENTS OF THIS PART. NOTHING SHALL PRECLUDE
THE RIGHT OF THE ADVISORY GROUP FROM REQUESTING EPA TO PERFORM AN
EVALUATION OF THE ASSISTED AGENCY'S COMPLIANCE WITH THE REQUIREMENTS OF
THIS PART.
(G) TRAINING AND ASSISTANCE. EPA WILL PROMPTLY PROVIDE APPROPRIATE
WRITTEN GUIDANCE AND PROJECT INFORMATION TO THE NEWLY FORMED ADVISORY
GROUP AND MAY PROVIDE ADVICE AND ASSISTANCE TO THE GROUP THROUGHOUT THE
LIFE OF THE PROJECT. EPA WILL DEFELOP AND, IN CONJUNCTION WITH THE
STATE OR ASSISTED AGENCY, CARRY OUT A PROGRAM OT PROVIDE A TRAINING
SESSION FOR THE ADVISORY GROUP, AND APPROPRIATE ASSISTED AGENCY
REPRESENTATIVES, PROMPTLY AFTER THE ADVISORY GROUP IS FORMED. THE
ASSISTED AGENCY SHALL PROVIDE ADDITIONAL NEEDED INFORMATION OR
ASSISTANCE TO THE ADVISORY GROUP.
EACH AGENCY WHICH CONDUCTS ANY ACTIVITIES REQUIRED UNDER THIS PART
SHALL PREPARE A RESPONSIVENESS SUMMARY AT SPECIFIC DECISION POINTS AS
SPECIFIED IN PROGRAM REGULATIONS OR IN THE APPROVED PUBLIC PARTICIPATION
WORK PLAN. RESPONSIVENESS SUMMARIES ARE ALSO REQUIRED FOR RULEMAKING
ACTIVITIES UNDER SECTION 25.10. EACH RESPONSIVENESS SUMMARY SHALL
IDENTIFY THE PUBLIC PARTICIPATION ACTIVITY CONDUCTED; DESCRIBE THE
MATTERS ON WHICH THE PUBLIC WAS CONSULTED; SUMMARIZE THE PUBLIC'S
VIEWS, SIGNIFICANT COMMENTS, CRITICISMS AND SUGGESTIONS AND SET FORTH
THE AGENCY'S SPECIFIC RESPONSES IN TERMS OF MODIFICATIONS OF THE
PROPOSED ACTION OR AN EXPLANATION FOR REJECTION OF PROPOSALS MADE BY THE
PUBLIC. RESPONSIVENESS SUMMARIES PREPARED BY AGENCIES RECEIVING EPA
FINANCIAL ASSISTANCE SHALL ALSO INCLUDE EVALUATIONS BY THE AGENCY OF THE
EFFECTIVENESS OF THE PUBLIC PARTICIPATION PROGRAM. ASSISTED AGENCIES
SHALL REQUEST SUCH EVALUATIONS FROM ANY ADVISORY GROUP AND PROVIDE AN
OPPORTUNITY FOR OTHER PARTICIPATING MEMBERS OF THE PUBLIC TO CONTRIBUTE
TO THE EVALUATION. (IN THE CASE OF PROGRAMS WITH MULTIPLE
RESPONSIVENESS SUMMARY REQUIREMENTS, THESE ANALYSES NEED ONLY BE
PREPARED AND SUBMITTED WITH THE FINAL SUMMARY REQUIRED). RESPONSIVENESS
SUMMARIES SHALL BE FORWARDED TO THE APPROPRIATE DECISION-MAKING OFFICIAL
AND SHALL BE MADE AVAILABLE TO THE PUBLIC. RESPONSIVENESS SUMMARIES
SHALL BE USED AS PART OF EVALUATIONS REQUIRED UNDER THIS PART OR
ELSEWHERE IN THIS CHAPTER.
EACH AGENCY ADMINISTERING A PERMIT PROGRAM SHALL DEVELOP INTERNAL
PROCEDURES FOR RECEIVING EVIDENCE SUBMITTED BY CITIZENS ABOUT PERMIT
VIOLATIONS AND ENSURING THAT IS IS PROPERLY CONSIDERED. PUBLIC EFFORT
IN REPORTING VIOLATIONS SHALL BE ENCOURAGED, AND THE AGENCY SHALL MAKE
AVAILABLE INFORMATION ON REPORTING PROCEDURES. THE AGENCY SHALL
INVESTIGATE ALLEGED VIOLATIONS PROMPTLY.
(A) EPA SHALL INVITE AND CONSIDER WRITTEN COMMENTS ON PROPOSED AND
INTERIM REGULATIONS FROM ANY INTERESTED OR AFFECTED PERSONS AND
ORGANIZATIONS. ALL SUCH COMMENTS SHALL BE PART OF THE PUBLIC RECORD,
AND A COPY OF EACH COMMENT SHALL BE AVAILABLE FOR PUBLIC INSPECTION.
EPA WILL MAINTAIN A DOCKET OF COMMENTS RECIEVED AND ANY AGENCY
RESPONSES. NOTICES OF PROPOSED AND INTERIM RULEMAKING, AS WELL AS FINAL
RULES AND REGULATIONS, SHALL BE DISTRIBUTED IN ACCORDANCE WITH SECTION
25.4 (C) TO INTERSTED OR AFFECTED PERSONS PROMPTLY AFTER PUBLICATION.
EACH NOTICE SHALL INCLUDE INFORMATION AS TO THE AVAILABILITY OF THE FULL
TEXT OF RULES AND REGULATIONS (WHERE THESE ARE NOT SET FORTH IN THE
NOTICE ITSELF) AND PLACES WHERE COPYING FACILITIES ARE AVAILABLE AT
REASONABLE COST TO THE PUBLIC. UNDER EXECUTIVE ORDER 12044 (MARCH 23,
1978), FURTHER EPA GUIDANCE WILL BE ISSUED CONCERNING PUBLIC
PARTICIPATION IN EPA RULEMAKING. A RESPONSIVENESS SUMMARY SHALL BE
PUBLISHED AS APRT OF THE PREAMBLE TO INTERIM AND FINAL REGULATIONS. IN
ADDITION TO PROVIDING OPPORTUNITY FOR WRITTEN COMMENTS ON PROPOSED AND
INTERIM REGULATIONS. EPA MAY CHOOSE TO HOLD A PUBLIC HEARING.
(B)STATE RULEMAKING SPECIFIED IN SECTION 25.2 (A) (1) SHALL BE IN
ACCORD WITH THE REQUIREMENTS OF SUBPARAGRAPH (A) OF THIS PARAGRAPH OR
WITH THE STATE'S ADMINISTRATIVE PROCEDURES ACT, IF ONE EXISTS. HOWEVER,
IN THE EVENT OF CONFLICT BETWEEN A PROVISION OF PARAGRAPH (A) AND A
PROVISION OF A STATE'S ADMINISTRATIVE PROCEDURES SET, THE STATE LAW
SHALL APPLY.
(A) THIS SECTION IS APPLICABLE TO ACTIVITIES UNDER SECTION (25.2 (A)
(5) EXCEPT AS OTHERWISE PROVIDED IN PARTS 30 OR 35.
(B) EACH APPLICANT FOR EPA FINANCIAL ASSISTANCE SHALL SET FORTH IN
THE APPLICATION A PUBLIC PARTICIPATIONWORK PLAN OR WORK ELEMENT WHICH
REFLECTS HOW PUBLIC PARTICIPATION WILL BE PROVIDED FOR, ENCOURAGED, AND
ASSISTED IN ACCORDANCE WITH THIS PART. THIS WORK PLAN OR ELEMENT SHALL
COVER THE PROJECT PERIOD. AT A MINIMUM, THE WORK PLAN OR ELEMENT SHOULD
INCLUDE:
(1) STAFF CONTACTS AND BUDGET RESOURCES TO BE DEVOTED TO PUBLIC
PARTICIPATION BY CATEGORY;
(2) A PROPOSED SCHEDULE FOR PUBLIC PARTICIPATION ACTIVITIES TO IMPACT
MAJOR DECISIONS, INCLUDING CONSULTATION POINTS WHERE RESPONSIVENESS
SUMMARIES WILL BE PREPARED;
(3) AN IDENTIFICATION OF CONSULTATION AND INFORMATION MECHANISMS TO
BE USED;
(4) THE SEGMENTS OF THE PUBLIC TARGETED FOR INVOLVEMENT.
(C) ALL REASONABLE COSTS OF PUBLIC PARTICIPATION INCURRED BY ASSISTED
AGENCIES WHICH ARE IDENTIFIED IN AN APPROVED PUBLIC PARTICIPATION WORK
PLAN OR ELEMENT, OR WHICH ARE OTHERWISE APPROVED BY EPA, SHALL BE
ELIGIBLE FOR FINANCIAL ASSISTANCE.
(D) THE WORK PLAN OR ELEMENT MAY BE REVISED AS NECESSARY THROUGHOUT
THE PROJECT PERIOD WITH APPROVAL OF THE REGIONAL ADMINISTRATOR.
(A) FINANCIAL ASSISTANCE PROGRAMS. (1) APPLICATIONS. EPA SHALL
REVIEW THE PUBLIC PARTICIPATION WORK PLAN (OR, IF NO WORK PLAN IS
REQUIRED BY THIS CHAPTER FOR THE PARTICULAR FINANCIAL ASSISTANCE
AGREEMENT, THE PUBLIC PARTICIPATION ELEMENT) INCLUDED IN THE APPLICATION
TO DETERMINE CONSISTENCY WITH ALL POLICIES AND REQUIREMENTS OF THIS
PART. NO FINANCIAL ASSISTANCE SHALL BE AWARDED UNLESS EPA IS SATISFIED
THAT THE PUBLIC PARTICIPATION POLICIES AND REQUIREMENTS OF THIS PART
AND, ANY APPLICABLE PUBLIC PARTICIPATION REQUIREMENTS FOUND ELSEWHERE IN
THIS CHAPTER, WILL BE MET.
(2) COMPLIANCE. (1) EVALUATION. EPA SHALL EVALUATE COMPLIANCE WITH
PUBLIC PARTICIPATION REQUIREMENTS USING THE WORK PLAN, RESPONSIVENESS
SUMMARY, AND OTHER AVAILABLE INFORMATION. EPA WILL JUDGE THE ADEQUACY
OF THE PUBLIC PARTICIPATION EFFORT IN RELATION TO THE OBJECTIVES AND
REQUIREMENTS OF SECTION 25.3 AND 25.4 AND OTHER APPLICABLE REQUIREMENTS.
IN CONDUCTING THIS EVALUATION, EPA MAY REQUEST ADDITIONAL INFORMATION
FROM THE ASSISTED AGENCY, INCLUDING RECORDS OF HEARINGS AND MEETINGS AND
MAY INVITE PUBLIC COMMENT ON THE AGENCY'S PERFORMANCE. THE EVALUATION
WILL BE UNDERTAKEN AS PART OF ANY MID-PROJECT REVIEW REQUIRED IN VARIOUS
PROGRAMS UNDER THIS CHAPTER; WHERE NO SUCH REVIEW IS REQUIRED THE
REVIEW SHALL BE CONDUCTED AT AN APPROXIMATE MID-POINT IN CONTINUING EPA
OVERSIGHT ACTIVITY. EPA MAY, HOWEVER, UNDERTAKE SUCH EVALUATION AT ANY
POINT IN THE PROJECT PERIOD, AND WILL DO SO WHENEVER IT BELIEVES THAT AN
ASSISTED AGENCY MAY HAVE FAILED TO MEET PUBLIC PARTICIPATION
REQUIREMENTS.
(II) REMEDIAL ACTIONS. WHENEVER EPA DETERMINES THAT AN ASSISTED
AGENCY HAS NOT FULLY MET PUBLIC PARTICIPATION REQUIREMENTS, EPA SHALL
TAKE ACTIONS WHICH IT DEEMS APPROPRIATE TO MITIGATE THE ADVERSE EFFECTS
OF THE FAILURE AND ASSURE THAT THE FAILURE IS NOT REPEATED. FOR ONGOING
PROJECTS, THAT ACTION SHALL INCLUDE AT A MINIMUM, IMPOSING MORE
STRINGENT REQUIREMENTS ON THE ASSISTED AGENCY FOR THE NEXT BUDGET PERIOD
OR OTHER PERIOD OF THE PROJECT (INCLUDING SUCH ACTIONS AS MORE SPECIFIC
OUTPUT REQUIREMENTS AND MILESTONE SCHEDULES FOR OUTPUT ACHIEVEMENT;
INTERIM EPA REVIEW OF PUBLIC PARTICIPATION ACTIVITIES AND MATERIALS
PREPARED BY THE AGENCY AND PHASED RELEASE OF FUNDS BASED ON COMPLIANCE
WITH MILESTONE SCHEDULES). EPA MAY TERMINATE OR SUSPEND PART OR ALL
FINANCIAL ASSISTANCE FOR NON-COMPLIANCE WITH PUBLIC PARTICIPATION
REQUIREMENTS, AND MAY TAKE ANY FURTHER ACTIONS THAT IT DETERMINES TO BE
APPROPRIATE IN ACCORDANCE WITH PARTS 30 AND 35 OF THIS CHAPTER (SEE, IN
PARTICULAR, SECTION 30.304, NONCOMPLIANCE AND 30 515-3, WITHHOLDING OF
PAYMENTS, AND SUBPART H OF PART 30, MODIFICATION, SUSPENSION AND
TERMINATION).
(B) STATE PROGRAMS APPROVED IN LIEU OF FEDERAL PROGRAMS. STATE
COMPLIANCE WITH APPLICABLE PUBLIC PARTICIPATION REQUIREMENTS IN PROGRAMS
SPECIFIED IN SECTIONS 25.2 (A) (6) AND (7) AND ADMINISTERED BY APPROVED
STATES SHALL BE MONITORED BY EPA DURING THE ANNUAL REVIEW OF THE STATE'S
PROGRAMS, AND DURING ANY FINANCIAL OR PROGRAM AUDIT OR REVIEW OF THESE
PROGRAMS. EPA MAY WITHDRAW AN APPROVED PROGRAM FROM A STATE FOR FAILURE
TO COMPLY WITH APPLICABLE PUBLIC PARTICIPATION REQUIREMENTS.
(C) OTHER COVERED PROGRAMS. ASSURING COMPLIANCE WITH THESE PUBLIC
PARTICIPATION REQUIREMENTS FOR PROGRAMS NOT COVERED BY PARAGRAPHS (A)
AND (B) OF THIS SECTION IS THE RESPONSIBILITY OF THE ADMINISTRATOR OF
EPA. CITIZENS WITH INFORMATION CONCERNING ALLEGED FAILURES TO COMPLY
WITH THE PUBLIC PARTICIPATION REQUIREMENTS SHOULD NOTIFY THE
ADMINISTRATOR. THE ADMINISTRATOR WILL ASSURE THAT INSTANCES OF ALLEGED
NON-COMPLIANCE ARE PROMPTLY INVESTIGATED AND THAT CORRECTIVE ACTION IS
TAKEN WHERE NECESSARY.
THE PUBLIC PARTICIPATION ACTIVITIES AND MATERIALS THAT ARE REQUIRED
UNDER THIS PART SHOULD BE COORDINATED OR COMBINED WITH THOSE OF CLOSELY
RELATED PROGRAMS OR ACTIVITIES WHEREVER THIS WILL ENHANCE THE ECONOMY,
THE EFFECTIVENESS, OR THE TIMELINESS OF THE EFFORT; ENHANCE THE CLARITY
OF THE ISSUE; AND NOT BE DETRIMENTAL TO PARTICIPATION BY THE WIDEST
POSSIBLE PUBLIC. HEARINGS AND MEETINGS ON THE SAME MATTER MAY BE HELD
JOINTLY BY MORE THAN ONE AGENCY WHERE THIS DOES NOT CONFLICT WITH THE
POLICY OF THIS PARAGRAPH. SPECIAL EFFORTS SHALL BE MADE TO COORDINATE
PUBLIC PARTICIPATION PROCEDURES UNDER THIS PART AND APPLICABLE
REGULATIONS ELSEWHERE IN THIS CHAPTER WITH ENVIRONMENTAL ASSESSMENT AND
ANALYSIS PROCEDURES UNDER 40 CFR PART 6. EPA ENCOURAGES INTERSTATE
AGENCIES IN PARTICULAR TO DEVELOP COMBINED PROCEEDINGS FOR THE STATES
CONCERNED.
ALL REPORTING REQUIREMENTS SPECIFICALLY ESTABLISHED BY THIS PART WILL
TERMINATE ON (5 YEARS FROM DATE OF PUBLICATION) UNLESS EPA ACTS TO
EXTEND THE REQUIREMENTS BEYOND THAT DATE.
2. 40 CFR IS AMENDED BY DELETING PARTS 105 AND 249.
(FR DOC. 79-5017 FILED 2-15-79; 8:45 AM)
FEDERAL REGISTER, VOLUME 43, NUMBER 221 (FRL - 10064), PART 6 SECONDARY TREATMENT INFORMATION REGULATION SUSPENDED SOLIDS LIMITATIONS FOR WASTEWATER TREATMENT PONDS
781115
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT AND THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
US E P A
113070
(650-01-M)
REGULATIONS
HEARINGS
SENATE
TRANSCRIPT
TITLE PAGE OMITTED
ON OCTOBER 7, 1977, THE ENVIRONMENTAL PROTECTION AGENCY (EPA)
PUBLISHED IN THE FEDERAL REGISTER (42 FR 54666) A FINAL AMENDMENT TO THE
SECONDARY TREATMENT INFROMATION REGULATION APPLICABLE TO THE SUSPENDED
SOLIDS LIMITATIONS FOR CERTAIN MUNICIPAL WASTEWATER TREATMENT PONDS.
THE SECONDARY TREATMENT INFORMATION REGULATION, 40 CFR 133, CONTAINS
EFFLUENT LIMITATIONS IN TERMS OF BIOCHEMICAL OXYGEN DEMAND, SUSPENDED
SOLIDS AND PH WHICH MUST BE ACHIEVED BY MUNICIPAL WASTEWATER TREATMENT
PLANTS.
THE AMENDMENT ADDED A NEW PARAGRAPH (C) TO SECTION 133.103 OF 40 CFR
133. THIS ALLOWS A CASE-BY-CASE ADJUSTMENT IN SUSPECTED SOLIDS
LIMITATIONS FOR PUBLICLY OWNED WASTE STABLIZATION PONDS, IF: THE POND
HAS A DESIGN CAPACITY OF 2 MILLION GALLONS PER DAY OR LESS; PONDS ARE
THE SOLE PROCESS FOR SECONDARY TREATMENT; AND, THE POND MEETS THE
BIOCHEMICAL OXYGEN DEMAN LIMITATIONS AS PRESCRIBED BY 40 CFR 133.102(A).
PONDS THAT ARE NOT ELLGIBLE FOR THIS ADJUSTMENT INCLUDE: BASINS OR
PONDS USED AS A FINAL POLISHING STEP FOR OTHER SECONDARY TREATMENT
SYSTEMS, AND PONDS WHICH INCLUDE COMPLETE-MIX AERATION AND SLUDGE
RECYCLE OR RETURN SINCE THESE SYSTEMS ARE IN ESSENCE A VARIATION OF THE
ACTIVATED SLUDGE PROCESS. AERATED PONDS WITHOUT SLUDGE RECYCLE,
HOWEVER, ARE ELIGIBLE FOR ADJUSTMENTS PROVIDED THE OTHER SPECIFIC
REQUIREMENT ARE MET.
THE AMENDED SUSPENDED SOLIDS LIMITATIONS WERE DETERMINED BY
STATISTICAL ANALYSIS OF AVAILABLE DATA. THE ACCEPTABLE LIMIT WAS
DEFINED AS THAT CONCENTRATION ACHIEVED 90 PERCENT OF THE TIME BY WASTE
STABILIZATION PONDS THAT ARE ACHIEVING THE BIOCHEMICAL OXYGEN DEMAN
LIMITATIONS OF 40 CFR 133.102(A). EACH STATE WAS CONSIDERED SEPARATELY
AS WELL AS APPROPRIATE CONTIGUOUS GEOGRAPHIC AREAS WITHIN A STATE OR
GROUP OF STATES. THE ANALYSIS WAS DONE BY THE STATES OR THE APPLICABLE
EPA REGIONAL OFFICE IN COOPERATION WITH THE STATES.
A CONSIDERABLE AMOUNT OF LATITUDE WAS ALLOWED IN DEVELOPING THESE
VALUES TO ACCOUNT FOR VARYING CONDITIONS AFFECTING POND USE AND
PERFORMANCE ACROSS THE COUNTRY. CATEGORIZATIONS WITHIN STATES BASED ON
FACOTRS SUCH AS GEOGRAPHIC LOCATION, SEASONAL VARIATION AND THE TYPE OF
POND WERE PERMITTED. IN SOME INSTANCES, THE VALUES PRESENTED BELOW
REFLECT THESE FACTORS.
IN ACCORDANCE WITH THE AMENDED REGULATION, A SINGLE VALUE
CORRESPONDING TO THE CONCENTRATION ACHIEVABLE 90 PERCENT OF THE TIME MAY
BE USED TO ESTABLISH THE SUSPENDED SOLIDS LIMITATIONS FOR PONDS WITHIN A
STATE. THE CONCENTRATION ACHIEVABLE 90 PERCENT OF THE TIME HAS BEEN
GENERALLY ACCEPTED AS CORRESPONDING TO A 30 CONSECUTIVE DAY AVERAGE (OR
AN AVERAGE VALUE OVER THE PERIOD OF DISCHARGE WHEN ENTIRE DURATION OF
THE DISCHARGE IS LESS THAN 30 DAYS). THE INTERPRETATION IS CONSISTENT
WITH THE ANALYSIS WHICH WAS USED AS THE BASIS FOR THE OTHER SUSPENDED
SOLIDS AND BIOCHEMICAL OXYGEN DEMAND LIMITATIONS CONTAINED IN 40 CFR
133.
FOR THIS REASON, A SINGLE SUSPENDED SOLID CONCENTRATION HAS BEEN
LISTED BELOW FOR PONDS (OR SUBCATEGORY OF PONDS) WITHIN A STATE. IN
SOME CASES, HOWEVER, THE STATES AND EPA REGIONAL OFFICES HAVE AGREED
UPON ADDITIONAL VALUES, SUCH AS WEEKLY AVERAGES OR DAILY MAXIMUMS, WHICH
WILL BE USED FOR COMPLIANCE MONITORING PURPOSES WITHIN THOSE STATES.
IN SOME CASES THE DATA BASE FOR THE ANALYSIS WAS QUITE LIMITED AND IN
ALL CASES ADDITIONAL DATA ARE BEING COLLECTED. A PERIODIC REEVALUATION
OF THIS EXPANDING DATA BASE WILL BE CONDUCTED AND COULD RESULT IN
FURTHER CHANGES IN THE SUSPENDED SOLIDS LIMITATIONS LISTED BELOW.
SEVERAL EPA REGIONAL OFFICES HAVE ALREADY INDICATED THEIR INTENT TO
CONDUCT A REVALUATION WITHIN 2 YEARS OR LESS. EVEN THOUGH PUBLICATION
OF THESE VALUES IS NOT A FORMAL RULEMAKING PROCEDURE, PUBLIC COMMENTS
ARE WELCOME AND WILL BE CONSIDERED IN ANY REVISIONS. COMMENTS SHOULD BE
SUBMITTED TO DIRECTOR, MUNICIPAL CONSTRUCTION DIVISION (WH-547),
ENVIRONMENTAL PROTECTION AGENCY, WASHINGTON, D.C. 20460.
FOR FURTHER INFORMATION CONTACT:
SHERWOOD REED OR ALAN HAIS, MUNICIPAL CONSTRUCTION DIVISION (WH-547),
OFFICE OF WATER PROGRAM OPERATIONS, ENVIRONMENTAL PORTECTION AGENCY,
WASHINGTON, D.C. 20460, 202-426-8976.
DATED OCTOBER 27, 1978.
THOMAS C. JORLING, ASSISTANT ADMINISTRATOR FOR WATER AND WASTE
MANAGEMENT.
* * THE VALUES SET FOR IOWA AND VIRGINIA INCORPORATE A SPECIFIC
CASE-BY-CASE PROVISIONS; HOWEVER, IN ACCORDANCE WITH 40 CFR
133.133.103(C), ADJUSTMENTS OF THE SUSPENDED SOLIDS LIMITATIONS FOR
INDIVIDUAL PONDS IN ALL STATES ARE TO BE AUTHORIZED ON A CASE-BY-CASE
BASIS.
ALABAMA -- 90.
ALASKA -- 70.
ARIZONA -- 90.
ARKANSAS -- 90.
CALIFORNIA -- 95.
COLORADO
AERATED PONDS -- 75.
ALL OTHERS -- 105.
CONNECTICUT -- N.C.
DELAWARE -- N.C.
DISTRICT OF COLUMBIA -- N.C.
FLORIDA -- N. C.
GEORGIA -- 90.
GUAM -- N.C.
HAWAII --..N.C.
IDAHO -- N.C.
ILLINOIS -- 37.
INDIANA -- 70.
IOWA
ALL OTHERS -- 80.
KANSAS -- 80.
KENTUCKY -- N.C.
LOUISIANA -- 90.
MAINE -- 45.
MARYLAND -- 90.
MASSACHUSETTS -- N.C.
MICHIGAN
CONTROLLED SEASONAL DISCHARGE
SUMMER -- 70.
WINTER -- 40.
MINNESOTA -- N.C.
MISSISSIPPI -- 90.
MISSOURI -- 80.
MONTANA -- 100.
NEBRASKA -- 80.
NORTH CAROLINA -- 90.
NORTH DAKOTA.
NORTH AND EAST OF MISSOURI RIVER -- 60.
SOUTH AND WEST OF MISSOURI RIVER -- 100.
NEVADA -- 90.
NEW HAMPSHIRE -- 45.
NEW JERSEY -- N.C.
NEW MEXICO -- 90.
NEW YORK -- 70.
OHIO -- 65.
OKLAHOMA -- 90.
OREGON
EAST OF CASCADE MOUNTAINS -- 85.
WEST-OF.ASCADE MOUNTAINS -- 50.
PENNSYLVANIA -- N.C.
PUERTO RICO -- N.C.
RHODE ISLAND -- 45.
SOUTH CAROLINA -- 90.
SOUTH DAKOTA -- 110.
TENNESSEE -- 100.
TEXAS -- 90.
UTAH -- N.C.
VERMONT -- 55.
VIRGINIA
EAST OF BLUE RIDGE MOUNTAINS -- 60.
WEST OF BLUE RIDGE MOUNTAINS -- 78.
EASTERN SLOPE COUNTIES; LOUDOUN, FAUQUIER, RAPPAHANNOCK, MADISON,
GREEN, ALBEMARLE, NELSON AMHERST, BEDFORD, FRANKLIN, PATRICK AND,
CASE-BY-CASE APPLICATION OF 60/78 LIMITS.
VIRGIN ISLANDS -- N.C.
WASHINGTON -- 75.
WEST VIRGINIA -- 80.
WISCONSIN -- 60.
WYOMING -- 100.
TRUST TERRITORIES AND NORTH MARIANAS -- N.C.
NOTES. -- N.C. - NO CHANGE FROM EXISTING CRITERIA.
(FR DOC. 78-32022 FILED 11-14-78; 8:45 AM)
FEDERAL REGISTER, PART 3
SECONDARY TREATMENT INFORMATION REGULATION
SUSPENDED SOLIDS LIMITATIONS FOR WASTEWATER TREATMENT PONDS
771007
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT, AND THE MARINE PROTECTION RESEARCH AND SANCTUARIES ACT
US E P A
113071
REGULATIONS
SENATE
HEARINGS
TRANSCRIPT
ATTACHMENT TO 08113050 PARENT DOCUMENT.
TITLE PAGE OMITTED
AGENCY: ENVIRONMENTAL PROTECTION AGENCY.
ACTION: FINAL RULE.
SUMMARY: THIS RULE AMENDS THE SECONDARY TREATMENT INFORMATION
REGULATION TO ALLOW LESS STRINGENT SUSPENDED SOLIDS LIMITATIONS FOR
WASTEWATER TREATMENT PONDS. THE AMENDMENT IS BASED ON THE FACT THAT
PROPERLY DESIGNED AND OPERATED WASTEWATER TREATMENT PONDS ARE A FORM OF
SECONDARY TREATMENT WHICH MAY NOT BE CAPABLE OF ACHIEVING THE SUSPENDED
SOLIDS LIMITATIONS CONTAINED IN THE SECONDARY TREATMENT INFORMATION
REGULATION WITHOUT SUPPLEMENTAL TREATMENT PROCESSES FOR REMOVAL OF
SUSPENDED SOLIDS (PRIMARILY ALGAE).
EFFECTIVE DATE: NOVEMBER 7, 1977.
FOR FURTHER INFORMATION CONTACT: ALAN HAIS, MUNICIPAL CONSTRUCTION
DIVISION (WH-547), OFFICE OF ATER PROGRAM OPERATIONS, ENVIRONMENTAL
PROTECTION AGENCY, WASHINGTON, D.C. 20460 (202-4268976).
SUPPLEMENTARY INFORMATION: ON SEPTEMBER 2, 1976, NOTICE WAS
PUBLISHED IN THE FEDERAL REGISTER THAT THE ENVIRONMENTAL PROTECTION
AGENCY WAS PROPOSING THE AMENDMENT OF THE SECONDARY TREATMENT
INFORMATION REGULATION (41 FR 37222). THE SECONDARY TREATMENT
INFORMATION REGULATION CONTAINS EFFLUENT LIMITATIONS IN TERMS OF
BIOCHEMICAL OXYGEN DEMAND, SUSPENDED SOLIDS AND PH WHICH MUST BE
ACHIEVED BY MUNICIPAL WASTEWATER TREATMENT PLANTS (PUBLICLY OWNED
TREATMENT WORKS) IN ACCORDANCE WITH SECTION 301(B)(1)(B) OF THE FEDERAL
WATER POLLUTION CONTROL ACT AMENDMENTS OF 1972 (FWPCA). THE SECONDARY
TREATMENT INFORMATION REGULATION WAS PROMULGATED PURSUANT TO SECTION
304(D) (1) OF THE FWPCA ON AUGUST 17, 1973 (38 FR 22298), AND AMENDED
FOR DELETION OF THE FECAL COLIFORM BACTERIA LIMITATIONS AND
CLARIFICATION OF THE PH REQUIREMENT ON JULY 26, 1976 (41 FR 30786).
FIFTY-FIVE (55) OF THE SIXTY (60) COMMENTS RECEIVED IN RESPONSE TO
THE PROPOSED AMENDMENT SUPPORTED ADJUSTING THE SUSPENDED SOLIDS
LIMITATIONS FOR WASTEWATER TREATMENT PONDS. THE FINAL AMENDMENT IS
SUBSTANTIALLY THE SAME AS PROPOSED, WITH THE ONLY SIGNIFICANT CHANGE
NOTED BELOW. A NUMBER OF THE COMMENTERS, HILE AGREEING IN PRINCIPLE
WITH THE PROPOSAL, REQUESTED CLARIFICATION ON CERTAIN POINTS. THE
RESPONSES TO THESE AND OTHER MAJOR COMMENTS ARE ALSO DISCUSSED BELOW.
THE PROPOSED AMENDMENT SECTION 133.103 (C) (SPECIAL CONSIDERATIONS)
INDICATED, IN PART, THAT THE SUSPENDED SOLIDS LIMITATIONS COULD BE
ADJUSTED FOR WASTEWATER TREATMENT PONDS WITH A MAXIMUM FACILITY DESIGN
CAPACITY OF ONE MILLION GALLONS PER DAY (MGD) OR LESS. THIS PROVISION
WAS INCLUDED BECAUSE THE AGENCY BELIEVES THAT THE SUPPLEMENTAL TREATMENT
METHODS, WHICH ARE OFTEN NEEDED TO ACHIEVE THE SUSPENDED SOLIDS
LIMITATIONS OF SECTION 103.102 (B) WITH WASTEWATER TREATMENT PONDS,
UNAVOIDABLY ADD THE COMPLEXITY OF DESIGNS AND MAY STRAIN THE OPERATIONAL
CAPABILITIES OF SMALL COMMUNITIES WHERE THE VAST MAJORITY OF WASTEWATER
TREATMENT PONDS ARE USED. THE ONE MILLION GALLONS PER DAY MAXIMUM
FACILITY DESIGN CAPACITY WAS BASED ON A POPULATION OF 10,000 AND AN
AVERAGE WASTEWATER FLOW OF 100 GALLONS PER CAPITA PER DAY. A NUMBER OF
COMMENTS WERE RECEIVED WHICH INDICATED SPECIFIC INSTANCES WHERE
WASTEWATER FLOWS TO WASTEWATER TREATMENT PONDS IN COMMUNITIES OF 10,000
POPULATION OR LESS EXCEED ONE MGD. IN RECOGNITION OF THE FACT THAT
THERE MAY BE VALID REASONS FOR WASTEWATER FLOWS TO EXCEED 100 GALLONS
PER CAPITA PER DAY, THE FINAL RULE HAS BEEN CHANGED TO INDICATE THAT THE
SUSPENDED LIMITATIONS MAY BE ADJUSTED FOR WASTEWATER TREATMENT PONDS
WITH A MAXIMUM FACILITY DESIGN CAPACITY OF TWO MGD OR LESS.
A NUMBER OF COMMENTS WERE ALSOECEIVED WHICH REQUESTED A CLARIFICATION
OF THE TERM "MAXIMUM FACILITIES DESIGN CAPACITY." AS THE TERM IMPLIES,
IT IS THE FLOW RATE WHICH IS USED AS THE DESIGN BASIS FOR SIXING
ASTEWATER TREATMENT FACILITIES. IN MOST INSTANCES DESIGN CAPACITIES ARE
EXPRESSED IN TERMS OF ANNUAL AVERAGE FLOWS, EVEN THOUGH THERE MAY BE
SEASONAL VARIATIONS IN FLOW RATES WHICH OBVIOUSLY MUST BE ACCOUNTED FOR
IN THE SIZING OF TREATMENT FACILITIES.
A NUMBER OF COMMENTS QUESTIONED WHETHER THE SUSPENDED SOLIDS
REQUIREMENTS FOR PRIVATELY OR FEDERALLY OWNED PONDS TREATING SANITARY
WASTEWATER COULD BE ADJUSTED AS A RESULT OF THE CHANGE TO 40 CFR 133.
IT IS CLEAR THAT SECTION 304(D)(1) OF THE FWPCA REQUIRES PROMULGATION OF
STANDARDS DIRECTLY APPLICABLE TO PUBLICLY OWNED TREATMENT WORKS ONLY AND
THEREFORE 40 CFR 133 IS NOT DIRECTLY APPLICABLE TO PRIVATE OR FEDERAL
WASTEWATER TREATMENT PONDS. HOWEVER, EPA HAS AUTHORITY UNDER SECTION
402 OF THE ACT TO ISSUE PERMITS WHERE NO EFFLUENT LIMITATION STANDARDS
HAVE BEEN PROMULGATED AND TO FASHION CONDITIONS ON A CASE-BY-CASE BASIS
PREMISED ON EPA'S BEST TECHNICAL JUDGMENT. IN FASHIONING SUCH
CONDITIONS, EPA MAY CONSIDER ANY AVAILABLE INFORMATION. ACCORDINGLY,
THE PROVISIONS OF SECTION 133.103(C) MAY BE CONSIDERED AS GUIDANCE IN
CONJUNCTION WITH OTHER INFORMATION IN DETERMINING INDIVIDUAL NPDES
PERMIT REQUIREMENTS FOR PRIVATELY AND FEDERALLY OWNED SEWAGE TREATMENT
PLANTS WHICH ARE NOT SUBJECT TO EFFLUENT LIMITATION GUIDELINES PROPOSED
OR PROMULGATED UNDER SECTIONS 301, 304, AND 306 OF THE FWPCA.
ONE COMMENTER STATED THAT THE AMENDMENT IS NOT CONSISTENT ITH THE
FWPCA BECAUSE SECTION 304(D) CONTEMPLATES SECONDARY TREATMENT
LIMITATIONS THAT DO NOT VARY FOR DIFFERENT TREATMENT PROCESSES. TWO OF
THE COMMENTS WHICH OBJECTED TO THE RULE CHANGE INDICATED THAT THE
AMENDMENT IS NOT NEEDED BECAUSE TECHNOLOGY IS AVAILABLE TO ENABLE SMALL
COMMUNITIES TO COMPLY WITH THE EXISTING REQUIREMENTS OF 40 CFR 133. TWO
COMMENTS ALSO STATED AN OBJECTION TO THE AMENDMENT ON THE GROUNDS THAT
SOME SMALL COMMUNITIES ALREADY COMPLY OR ARE IN THE PROCESS OF COMPLYING
WITH THE ORIGINAL REQUIREMENTS.
THE LEGISLATIVE HISTORY OF THE FWPCA INDICATES THAT SECONDARY
TREATMENT MAY BE CONSIDERED TO REPRESENT A RANGE OF REMOVALS (H. REP.
92-911, P. 101, LEG. HIST. P. 788). BASED ON THIS CONCEPT OF RANGE,
THERE ARE DIFFERENT SUBCATEGORIES OF TREATMENT TECHNOLOGIES WITHIN THE
BROAD CATEGORY OF SECONDARY TREATMENT. IN THIS INSTANCE WHICH IS
CLEARLY SUPPORTED BY HISTORICAL, TECHNICAL AND ECONOMIC DATA, EPA IS
EXERCISING ITS AUTHORITY TO DEFINE SECONDARY TREATMENT THROUGH
CATEGORIZATION. WASTEWATER TREATMENT PONDS, WITHOUT SUPPLEMENTARY
SUSPENDED SOLIDS REMOVAL PROCESSES, HAVE TRADITIONALLY BEEN CONSIDERED A
FORM OF SECONDARY TREATMENT FOR SMALL COMMUNITIES. MOREOVER, WASTEWATER
TREATMENT PONDS HAVE BEEN EXTENSIVELY USED BY SMALL COMMUNITIES IN SUCH
APPLICATIONS PRIMARILY BECAUSE OF THEIR LOW COST AND OPERATIONAL
SIMPLICITY.
AS STATED IN THE PREAMBLE TO THE PROPOSED RULEMAKING, METHODS FOR
REMOVING EXCESSIVE SUSPENDED SOLIDS (ALGAE) FROM WASTEWATER TREATMENT
POND EFFLUENTS HAVE BEEN DEVELOPED BUT HAVE NOT BEEN WIDELY DEMONSTRATED
IN ALL CLIMATIC REGIONS OF THE COUNTRY. THE AGENCY WAS FACED WITH THE
FACT THAT THERE WAS A LACK OF CONFIDENCE BOTH IN THE CAPABILITIES OF
CONVENTIONAL POND SYSTEMS AND IN THE USE OF SUPPLEMENTARY DEVICES WHICH
WOULD EFFECTIVELY RULE OUT THE CONTINUED USE OF WASTEWATER TREATMENT
PONDS TO ACHIEVE THE SECONDARY TREATMENT REQUIREMENTS IN MANY SECTIONS
OF THE COUNTRY. THE ENVIRONMENTAL PROTECTION AGENCY BELIEVES THAT
WASTEWATER TREATMENT PONDS PLAY A VITAL ROLE IN THE NATION'S WATER
POLLUTION CONTROL STRATEGY AND THAT, BECAUSE OF THEIR ADVANTAGES OF
SIMPLICITY, LOW COST AND MINIMAL ENERGY REQUIREMENTS, PONDS SHOULD BE
RETAINED AS AN OPTION FOR SMALLER COMMUNITIES. THE AGENCY ALSO
RECOGNIZES THAT SUSPENDED SOLIDS DUE TO LIVE ALGAE IN POND EFFLUENTS
HAVE FUNDAMENTALLY AND SUBSTANTIALLY DIFFERENT CHARACTERISTICS THAN
SEWAGE SOLIDS OR SOLIDS FROM OTHER TREATMENT PROCESSES. IT IS FOR THESE
REASONS THE FINAL RULEMAKING IS BEING ADOPTED SUBSTANTIALLY AS PROPOSED.
VIEWED IN OTHER TERMS, ADOPTION OF THE AMENDMENT FOR PONDS WILL RESULT
IN SIGNIFICANT ECONOMIC BENEFITS, PARTICULARLY FOR SMALL COMMUNITIES.
IT IS ESTIMATED THAT THE PROJECTED SAVINGS IN CAPITAL CONSTRUCTION COSTS
ALONE WILL BE IN EXCESS OF ONE BILLION DOLLARS NATIONWIDE.
IN PROMULGATING THIS AMENDMENT TO 40 CFR 133 FOR SMALL WASTEWATER
TREATMENT PONDS, HOWEVER, THE ENVIRONMENTAL PROTECTION AGENCY DOES NOT
INTEND TO IMPLY THAT SUPPLEMENTAL TREATMENT DEVICES SUCH AS ROCK FILTERS
OR INTERMITTENT SAND FILTERS ARE NOT ACCEPTABLE METHODS FOR UPGRADING
POND PERFORMANCE. IN MANY INSTANCES WHERE PONDS PRESENTLY DO NOT MEET
DISCHARGE REQUIREMENTS PURSUANT TO SPECIFIC QUALITY STANDARDS, UPGRADING
CAN BE ECONOMICALLY ACCOMPLISHED WHILE GENERALLY PRESERVING THE BASIC
CONCEPT OF SIMPLIFIED OPERATION. THE AGENCY STRONGLY BELIEVES THAT ANY
LARGE SCALE APPROACH TO REPLACE PONDS WITH MECHANICAL PLANTS WOULD BE
ILLADVISED BECAUSE THE PREVIOUSLY MENTIONED ADVANTAGES OF PONDS FOR
SMALL COMMUNITIES MUST BE SACRIFICED.
COMMENTS WERE RECEIVED WHICH SUPPORTED THE POSITION THAT LESS
STRINGENT SUSPENDED SOLIDS LIMITATIONS SHOULD ALSO BE APPLIED TO
INDUSTRIAL WASTEWATER TREATMENT PONDS, SECTION 304(D)(1) OF THE FWPCA
REQUIRES THAT EPA "PUBLISH INFORMATION * * * ON THE DEGREE OF EFFLUENT
REDUCTION ATTAINABLE THROUGH APPLICATION OF SECONDARY TREATMENT." THE
FACTORS TO BE CONSIDERED IN SETTING EFFLUENT LIMITATIONS FOR INDUSTRIAL
DISCHARGES PURSUANT TO SECTION 304(B) OF THE FWPCA ARE DISTINCT FROM THE
SECTION 304 (D)(1) CRITERIA. IN CONSIDERATION OF THESE STATUTORY
DIFFERENCES, EPA CLEARLY HAS AUTHORITY TO ESTABLISH DIFFERENT EFFLUENT
LIMITATIONS FOR MUNICIPAL AND INDUSTRIAL DISCHARGES ITH REGARD TO THE
CONTROL OF ONE OR MORE POLLUTANT PARAMETERS.
A NUMBER OF COMMENTS SUGGESTED THAT AN ADJUSTMENT OF THE BOD
LIMITATIONS OF 40 CFR 133 SHOULD ALSO BE ALLOWED FOR WASTEWATER
TREATMENT PONDS. AN EQUAL NUMBER OF COMMENTERS SUPPORTED THE POSITION
THAT THE SUSPENDED SOLIDS LIMITATION OF 40 CFR 133 IS THE ONLY PARAMETER
THAT PROPERLY DESIGNED AND OPERATED PONDS CANNOT MEET.
WHILE THERE IS NOT AN EXTENSIVE AMOUNT OF ROUTINE MONITORING DATA
AVAILABLE TO PRECISELY DEFINE WASTEWATER TREATMENT POND PERFORMANCE, THE
MAJORITY OF THE STATE AGENCIES WITH RESPONSIBILITIES IN THIS AREA
EXPRESSED THE BELIEF DURING THE DEVELOPMENT OF THE AMENDMENT THAT
WASTEWATER TREATMENT PONDS ARE GENERALLY CAPABLE OF MEETING THE BOD
REQUIREMENTS OF 40 CFR 133.102. THE AGENCY BELIEVES THAT ADOPTION OF
THE AMENDMENT, AS PROPOSED, WILL EFFECTIVELY ENSURE THE CONTINUED
ACCEPTABILITY OF WASTEWATER TREATMENT AS A SECONDARY TREATMENT PROCESS.
IT IS IMPORTANT TO RECOGNIZE, HOWEVER, THAT MANY OF THESE FACILITIES
WILL STILL HAVE TO BE UPGRADED TO MEET THE BOD LIMITATIONS OF 40 CFR
133, WHICH REMAINS UNCHANGED.
COMMENTS RECEIVED FROM FOUR STATE AGENCIES INDICATED THAT SUSPENDED
SOLIDS LIMITATIONS SHOULD BE ELIMINATED ENTIRELY AS A REGULATORY
PARAMETER FOR WASTEWATER TREATMENT PONDS. THE ENVIRONMENTAL PROTECTION
AGENCY RECOGNIZES THAT, BECAUSE SUSPENDED SOLIDS LIMITATIONS SET IN
ACCORDANCE WITH SECTION 133.103 (C) ARE TO BE BASED ON A SAMPLING OF
PONDS WHICH MEET THE BOD REQUIREMENTS OF 40 CFR 133, BOD REMOVAL
CAPABILITY WILL BE THE MAJOR FACTOR USED IN DETERMINING THE ADEQUACY OF
WASTEWATER TREATMENT POND DESIGNS. HOWEVER, THE STATUTORY HISTORY OF
THE FWPCA HAS BEEN INTERPRETED TO REQUIRE THAT STANDARDS FOR PUBLICLY
OWNED TREATMENT WORKS INCLUDE LIMITATIONS ON BOTH BOD AND SUSPENDED
SOLIDS. FURTHERMORE, EPA CONSIDERS SUSPENDED SOLIDS TO BE A POLLUTANT
PARAMETER FOR WHICH REGULATORY CONTROL IS IMPORTANT.
SEVERAL COMMENTS WERE RECEIVED WHICH SUPPORTED THE VIEW THAT THERE IS
INSUFFICIENT SUSPENDED SOLIDS MONITORING DATA AVAILABLE TO RELIABLY
ESTABLISH ALTERNATIVE LIMITATIONS FOR PONDS IN ACCORDANCE WITH SECTION
133.103(C). A NUMBER OF OTHER COMMENTERS PROVIDED ACTUAL MONITORING
DATA OR INDICATED THAT SUCH DATA IS CURRENTLY AVAILABLE. DURING THE
PERIOD OF TIME SINCE THE AMENDMENT AS PROPOSED, THE EPA REGIONAL OFFICES
HAVE BEEN REQUESTED TO BEGIN COMPILING DATA WHICH COULD BE USED TO
ESTABLISH SUSPENDED SOLIDS LIMITATIONS FOR PONDS IN ACCORDANCE WITH
SECTION 133.103(C). EFFORTS TO DATE HAVE INDICATED THAT SUFFICIENT DATA
IS AVAILABLE. FURTHERMORE, PRELIMINARY DETERMINATIONS HAVE DEMONSTRATED
A REASONABLE DEGREE OF CONSISTENCY NATIONWIDE.
COMMENTS WERE RECEIVED WHICH REQUESTED CLARIFICATION OF THE FOLLOWING
ASPECTS OF THE FULE CHANGE:
(1) WHAT TYPES OF WASTEWATER TREATMENT PONDS ARE COVERED BY SECTION
133.102(C)? AS INDICATED IN SECTION 133.102(C), ADJUSTMENT OF THE
SUSPENDED SOLIDS LIMITATIONS MAY BE MADE IN CASES WHERE WASTE
STABILIZATION PONDS ARE THE SOLE PROCESS USED FOR SECONDARY TREATMENT.
DETERMINATION OF THE TYPES OF FACILITIES TO WHICH SECTION 133.103 (C)
CAN BE APPLIED ILL BE IN ACCORDANCE WITH THE TERMINOLOGY SECTION OF THE
EPA TECHNICAL BULLETIN. "WASTEWATER TREATMENT PONDS" (EPA
430/9-74-011). SPECIFICALLY INCLUDED ARE PHOTOSYNTHETIC AND AERATED
PONDS. THE AMENDMENT IS NOT APPLICABLE TO POLISHING OR HOLDING PONDS
WHICH ARE PRECEDED BY OTHER BIOLOGICAL OR PHYSICAL/CHEMICAL TREATMENT
PROCESSES CAPABLE OF SECONDARY TREATMENT.
(2) DO THE PROVISIONS OF SECTION 133.103(C) APPLY TO NEW FACILITIES?
YES, THE SUSPENDED SOLIDS LIMITATIONS FOR NEW WASTEWATER TREATMENT PONDS
CAN BE SET IN ACCORDANCE WITH THE PROVISIONS OF SECTION 133.103(C). IT
MUST BE RECOGNIZED, HOWEVER, DESIGN STANDARDS FOR NE WASTEWATER
TREATMENT PONDS MAY BE MORE STRINGENT THAN THOSE USED IN THE
DETERMINATION OF "BEST WASTE STABILIZATION POND TECHNOLOGY" IN CASES
WHERE THE STATES OR THE EPA REGIONAL OFFICES DETERMINE THAT SUCH DESIGN
STANDARDS ARE IMPORTANT FOR THE OVERALL RELIABILITY OF NEW POND SYSTEMS
IN THAT AREA.
(3) DOES THE AMENDMENT APPLY TO THE CRITERIA FOR BEST PRACTICABLE
WASTE TREATMENT TECHNOLOGY? YES, THE CRITERIA FOR BEST PRACTICABLE
WASTE TREATMENT TECHNOLOGY CONTAINED IN ALTERNATIVE WASTE MANAGEMENT
TECHNIQUES FOR BEST PRACTICABLE WASTE TREATMENT (EPA 430/9-75-013,
OCTOBER 1975), STATES THAT "PUBLICLY OWNED TREATMENT WORKS EMPLOYING
TREATMENT AND DISCHARGE INTO NAVIGABLE WATER SHALL, AS A MINIMUM,
ACHIEVE THE DEGREE OF TREATMENT ATTAINABLE BY THE APPLICATION OF
SECONDARY TREATMENT AS DEFINED IN 40 CFR 133." UNLESS SPECIFIC REVISIONS
TO THE BEST PRACTICABLE WASTE TREATMENT CRITERIA ARE PUBLISHED, OR OTHER
APPLICABLE REGULATIONS ARE PROMULGATED, THE STANDARDS CONTAINED IN 40
CFR 133, INCLUDING THE PROVISIONS OF THIS AMENDMENT, WILL CONTINUE AS
THE MINIMUM REQUIREMENTS FOR TREATMENT AND DISCHARGE ALTERNATIVES.
(4) WILL SPECIFIC GUIDANCE ON IMPLEMENTATION OF THE RULE CHANGE BE
ISSUED? AS INDICATED PREVIOUSLY, THE EPA REGIONAL OFFICES HAVE BEEN
WORKING ON PRELIMINARY DETERMINATIONS FOR ESTABLISHMENT OF SUSPENDED
SOLIDS LIMITATIONS FOR WASTEWATER TREATMENT PONDS IN ACCORDANCE WITH THE
PROPOSED PROVISIONS OF SECTION 133.103(C). IN MOST CASES THESE EFFORTS
HAVE BEEN COORDINATED WITH THE APPROPRIATE STATE AGENCIES. DRAFT
GUIDANCE ON PROCEDURES FOR ACTUAL IMPLEMENTATION OF THE RULE CHANGE HAS
BEEN CIRCULATED TO THE REGIONAL OFFICES AND WILL BE FINALIZED UPON
ADOPTION OF THE AMENDMENT.
IN CONSIDERATION OF THE FOREGOING, PART 133 OF CHAPTER I OF TITLE 40
OF THE CODE OF FEDERAL REGULATIONS IS AMENDED AS SET FORTH BELOW
(SECTION 304(D)(1) AND 301 (B)(1)(B) OF THE FEDERAL WATER POLLUTION
CONTROL ACT AMENDMENTS OF 1972 (33 U.S.C. 1342, 1345, AND 1361).
DATED: SEPTEMBER 28, 1977.
DOUGLAS M. COSTLE, ADMINISTRATOR.
1. SECTION 133.103 IS AMENDED BY ADDING PARAGRAPH (C) AS FOLLOWS:
SECTION 133.103 SPECIAL CONSIDERATIONS.
(C) THE REGIONAL ADMINISTRATOR (OR, IF APPROPRIATE, THE STATE SUBJECT
TO EPA APPROVAL) IS AUTHORIZED TO ADJUST THE MINIMUM LEVELS OF EFFLUENT
QUALITY SET FORTH IN PARAGRAPHS (B)(1), (B)(2), AND (B)(3) OF SECTION
133.102 FOR TREATMENT ORKS SUBJECT TO THIS PART, TO CONFORM TO THE
SUSPENDED SOLIDS CONCENTRATIONS ACHIEVABLE WITH BEST WASTE STABILIZATION
POND TECHNOLOGY, PROVIDED THAT: (1) WASTE STABILIZATION PONDS ARE THE
SOLE PROCESS USED FOR SECONDARY TREATMENT; (2) THE MAXIMUM FACILITY
DESIGN CAPACITY IS TWO MILLION GALLONS PER DAY OR LESS; AND (3)
OPERATION AND MAINTENANCE DATA INDICATE THAT THE REQUIREMENTS OF
PARAGRAPHS (B)(1), (B)(2), AND (B) (3) OF SECTION 133.102 CANNOT BE
ACHIEVED. THE TERM "BEST WASTE STABILIZATION POND TECHNOLOGY" MEANS A
SUSPENDED SOLIDS VALUE, DETERMINED BY THE REGIONAL ADMINISTRATOR, (OR,
IF APPROPRIATE, THE STATE DIRECTOR SUBJECT TO EPA APPROVAL), WHICH IS
EQUAL TO THE EFFLUENT CONCENTRATION ACHIEVED 90 PERCENT OF THE TIME
WITHIN A STATE OR APPROPRIATE CONTIGUOUS GEOGRAPHICAL EARA BY WASTE
STABILIZATION PONDS THAT ARE ACHIEVING THE LEVELS OF EFFLUENT QUALITY
ESTABLISHED FOR BIOCHEMICAL OXYGEN DEMAND IN SECTION 133.102(A).
(FR DOC. 77-29316 FILED 10-5-77; 8:45 AM)
STATEMENT OF KOCH E I SUBMITTED TO THE SENATE SUBCOMMITTEE ON ENVIRONMENTAL POLLUTION
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING WATER ACT AND THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
790379
KOCH E I MAYOR
BASCOM, W DIRECTOR
CITY OF NEW YORK 52 CHAMBERS STREET, ROOM 115 NEW YORK, N.Y. 10007
SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT
1544 EAST IMPERIAL HIGHWAY
EL SEGUNDA, CA 90245
113073
CORRESPONDENCE
HEARINGS
SENATE
COMMENT PETITIONER
TRANSCRIPT
/1/ NYC SLUDGE MANAGEMENT PLAN -- STAGE 1 -- DRAFT TECHNICAL REPORT,
VOLUME 1 CHAPTER 2. D. HEAVY METALS SOURCES AND CONTROL STRATEGIES.
/2/ IBID, CHAPTER 3.G. LAND APPLICATION
/3/ PHASE 2, REPORT 7, TECHNICAL INVESTIGATIONS OF ALTERNATIVES FOR
NEW YORK - NEW JERSEY METROPOLITAN AREA SEWAGE SLUDGE DISPOSAL
MANAGEMENT PROGRAM PREPARED FOR INTERSTATE SANITATION COMMISSION CHAPTER
VII L. ENVIRONMENTAL ASSESSMENT OF PROPOSED (PYROLYSIS) PLAN.
/4/ IBID 1.
/5/ IBID 1, CHAPTER 1, SUMMARY
/6/ IBID 3, CHAPTER 111 K, NEW YORK CITY.
CHAIRMAN MUSKIE, MEMBERS OF THIS DISTINGUISHED SUBCOMMITTEE.
I AM GRATEFUL FOR THIS OPPORTUNITY TO SUBMIT THIS STATEMENT ON BEHLAF
OF THE CITY OF NEW YORK ON THE REAUTHORIZATION OF THE MARINE PROTECTION,
RESEARCH AND SANCTUARIES ACT, THE NEED FOR AN EXTENSION OF ITS DECEMBER
31, 1981 DEADLINE FOR DUMPING MUNICIPAL SEWAGE SLUDGE INTO THE OCEAN AND
THE ESTABLISHMENT OF A NATIONAL SLUDGE DISPOSAL PROGRAM.
CONGRESS ENACTED THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
TO REMEDY THE PROBLEM OF OCEAN POLLUTION. IN AN EFFORT TOLIMIT FURTHER
MARINE DAMAGE, CONGRESS BANNED THE OCEAN DISPOSAL OF MUNICIPAL SEWAGE
SLUDGE AFTER DECEMBER 31, 1981. LITTLE DID CONGRESS REALIZE THAT BY
IMPOSING THIS DEADLINE MUNICIPALITIES WOULD BE FORCED TO TRANSFER THE 5
MILLION DRY TONS OF SLUDGE (10 MILLION BY 1987) CONTAINING TOXIC
SUBSTANCES AND CHEMICALS NOW DUMPED INTO THE OCEAN ONTO THE NATION'S
LAND.
BOSTON, AS WELL AS NEW YORK CITY, PHILADELPHIA, AND SEVERAL NEW
JERSEY MUNICIPALITIES, RUSHING TO COMPLY WITH THE 1981 DEADLINE ARE
DESIGNING AND IMPLEMENTING COSTLY LAND DISPOSAL PROGRAMS WHICH MAY TRADE
THE PRUIFICATION OF THE OCEAN FOR THE CONTAMINATION OF THE LAND UPON
WHICH WE LIVE. ONCE COMPOST MADE FROM CONTAMINATED SLUDGE IS SPREAD ON
THE LAND SURFACE,THAT AREA MUST BE USED FOR NON-AGRICULTURAL PURPOSES
FOREVER. THIS TRADE-OFF WOULD NOT BE NECESSARY IF CONGRESS WOULD GIVE
MUNICIPALITIES AND THE EPA TIME TO DEVELOP AND IMPLEMENT LONG-TERM
SLUDGE DISPOSAL PROGRAMS.
MUNICIPAL SEWAGE SLUDGE IS OFTEN CONTAMINATED WITH NONDEGRADABLE
TOXIC MATERIALS AND HEAVY METALS. CONGRESS HAS ATTEMPTED TO ELIMINATE
THIS FORM OF SLUDGE CONTAMINATION BY REQUIRING TREATMENT OF INDUSTRIAL
WASTES PRIOR TO THEIR DISCHARGE INTO MUNICIPAL SEWAGE SYSTEMS UNDER THE
CLEAN WATER ACT. HOWEVER, THESE PRECAUTIONS WILL NOT ELIMINATE HEAVY
METALS CONTAMINATION SINCE IT IS CONTRIBUTED IN LARGE PART, BY NON-POINT
SOURCES, THAT IS, RESIDENTIAL AREAS. /1/
THIS HEAVY METALS COMTAINATION SEVERELY LIMITS SLUDGE DISPOSAL
ALTERNATIVES AVAILABLE TO OCEAN DUMPERS AND OTHER MUNICIPALITIES. THE
UNITED STATES DEPARTMENT OF AGRICULTURE HAS DETERMINED THAT COMPOST MADE
FROM NEW YORK'S SLUDGE AND THAT OF OTHER MUNICIPALITIES CANNOT BE USED
AS FERTILIZER OR CONDITIONER ON CROP PRODUCING LAND. THE RESOURCE
CONSERVATION AND RECOVERY ACT SEVERLY LIMITS THE NUMBER OF LANDFILL
SITES WHERE MUNICIPAL SEWAGE SLUDGE MAY BE DUMPED. SLUDGE INCINERATION
IS IMPRACTICAL BECAUSE OF THE HIGH COST OF ENERGY REQUIRED FOR THE
PROCESS AND IN LIGHT OF POSSIBLE CONFLICTS WITH THE CLEAN AIR ACT.
I REGRET TO STATE THAT THE ONLY SLUDGE DISPOSAL OPTION AVAILABLE TO
MUNICIPALITIES HOPING TO COMPLY WITH THE 1981 DEADLINE IS TO SPREAD
COMPOST MADE FROM CONTAMINATED SLUDGE ON NON-AGRICULTURAL LANDS. NEW
YORK CITY, PHILADELPHIA, BOSTON AND MANY MUNICIPALITIES IN NEW JERSEY
PLAN TO DISPOSE OF THIER SLUDGE IN THIS FASHION, DESPITE THE LACK OF
CONSENSUS IN THE SCIENTIFIE COMMUNITY AS TO THE SPECIFIC HEALTH IMPACT
OF SLUDGE CONTAMINATED WITH HEAVY METALS.
THERE IS EVEN LESS AGREEMENT AMONG SCIENTISTS AS TO HOW
MUNICIPALITIES SHOULD DISPOSE OF SLUDGE CONTAMINATED WITH HEAVY METALS.
I AM ADVISED THAT A REASONABLE EXTENSION OF THE 1981 OCEAN DUMPING
DEADLINE WILL NOT HAVE ANY IRREVERSIBLE NEGATIVE IMPACT ON OUR MARINE
ENVIRONMENT. MR. WILLIARD BASCOM, DIRECTOR OF THE SOUTHERN CALIFORNIA
COASTAL WATER RESEARCH PROJECT, RECENTLY SUMMED UP THE RELATIVE
ENVIRONMENTAL IMPACT OF OCEAN AND LAND DISPOSAL IN A MARCH 28, 1979
LETTER:
THE PRESENT SITUATION, ALTHOUGH IT IS NOT GOOD FOR THE MARINE
ENVIRONMENT, IS NOT WORSENING RAPIDLY AND DOES NOT REQUIRE EMERGENCY
ACTION. SUCH EVIDENCE AS THERE IS SUGGESTS THAT ANY ADDITIONAL EFFECTS
OF A FEW YEARS OF CONTINUING THE PRESENT PRACTICES WILL BE REVERSIBLE A
FEW YEARS AFTER THE IMPROVEMENTS ARE MADE.
TO THE BEST OF MY KNOWLEDGE, EPA HAS NOT DONE AN ENVIRONMENTAL IMPACT
STATEMENT CONCERNING THE LAND DISPOSAL OF SUCH SLUDGE COMPOST. MR.
BASCOM, FROM THE SOUTHERN CALIFORNIA COASTAL WATER RESEARCH PROJECT,
SUGGESTS:
"AS FAR AS I KNOW THERE ARE NO LAND STUDIES EQUIVALENT TO OUR STUDIES
OF THE SEA BOTTOM. IN OUR AREA (SOUTHERN CALIFORNIA) WE KNOW IN DETAIL
ABOUT THE CHANGES CAUSED BY WASTE SOLIDS IN IN THE POPULATIONS OF SMALL
ANIMALS THAT LIVE IN THE BOTTOM. SOMEONE SHOULD OBTAIN COMPARABLE DATA
FOR LAND. THE ANIMALS IN THE EARTH ON WHICH THE SLUDGE IS SPRAYED OR
COMPOST IS DUMPED MUST REACT IN SOME WAY, PRESUMABLY SOME INCREASE AND
OTHER DECREA. THE LAND DEGRADED BY SLUDGE APPLICATION IS PROBABLY MORE
VALUABLE THAN THE SEA BOTTOM. IN ANY CASE, THE GOVERNMENT SHOULD TAKE
THE TIME TO OBTAIN THE DATA AND MAKE SENSIBLE COMPARISONS."
ASIDE FROM THE UNCERTAIN HEALTH IMPACT OF THE COMPOSTING OPERATIONS
WHICH MUNICIPALITIES ARE FORCED TO ADOPT AND THE LACK OF ANY
ENVIRONMENTAL IMPACT STATEMENT, THE 1981 DEADLINE SHOULD BE EXTENDED FOR
OTHER REASONS. THE 1981 DEADLINE IS PREMATURE. IT MAKES IT DIFFICULT
-- IF NOT IMPOSSIBLE -- FOR PUBLIC OFFICIALS CHARGED WITH ADMINISTERING
OR COMPLYING WITH ENVIRONMENTAL LAWS TO COORDINATE THEIR ACTIVITIES IN
IN ANY ENVIRONMENTALLY RESPONSIBLE FASHION. AFFECTED MUNICIPALITIES NOW
ADOPT FINAL PLANS FOR SLUDGE DISPOSAL WITH NO COORDINATION AND ONLY
SPORADIC EXCHANGES OF INFORMATION. THERE IS NOT TIME TO INCORPORATE THE
KNOWLEDGE OF OTHERS CONFRONTED WITHTHE IDENTICAL TASK INTO EACH
MUNICIPALITY'S PLANS. IN FACT, THE REQUIRED SLUDGE DISPOSAL PLANS WILL
BE COMPLETED PRIOR TO THE PROMULGATION OF THE EPA REGULATIONS WHICH WILL
DETERMINE WHETHER THOSE PLANS SATISFY OTHER ENVIRONMENTAL STATUTES.
EPA IS PROCEDDING WITH THE DEVELOPMENT OF THESE REGULATIONS AS
QUICKLY AND AS RESPONSIBLY AS POSSIBLE. STILL, EPA HAS NOT PROMULGATED
THE STANDARDS FOR THE LAND APPLICATION OF SLUDGE OR COMPOST CONTAINING
HEAVY METALS UNDER SECTION 405 OF THE CLEAN WATER ACT. /2/ IT HAS NOT
ISSUED EMISSION STANDARDS FOR THE INCINERATION OR THERMAL DECOMPOSITION
OF SLUDGE UNDER SECTION 111 OF THE CLEAN AIR ACT. /3/ FINALLY, EPA HAS
NOT YET ESTABLISHED CRITERIS FOR FACILITIES ACCEPTING CONTAMINATED
SLUDGE UNDER SECTION 4004 OF THE RESOURCE CONSERVATION AND RECOVERY ACT.
THE ABSENCE OF THESE REGULATIONS CRIPPLES MUNICIPALITIES IN THEIR
EFFORTS TO CONVINCE THEIR CITIZENS THAT THE INTERIM SLUDGE DISPOSAL
PLANS ARE SAFE.
A REVISION OF THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT IS
CRITICAL FOR NEW YORK, PHILADELPHIA, AND MANY NEW JERSEY COMMITIES FACED
WITH THE IMMEDIATE PROBLEM OF MUNICIPAL SEWAGE SLUDGE DISPOSAL. WE DO
NOT ASK FOR AN EXTENSION OF THE 1981 DEADLINE IN AN EFFORT TO AVOID OUR
RESPONSIBILITIES UNDER THE CURRENT LAW. EACH OF THESE MUNICIPILITIES,
AS PART OF ITS GOOD FAITH EFFORT TO COMPLY WITH THE 1981 DEADLINE, HAS
COMPLETED INTERIM SLUDGE DISPOSAL PLANS. INSTEAD, WE ASK FOR AN
EXTENSION OF THE 1981 DEADLINE TO ALLOW US TO DEVELOP AND IMPLEMENT THE
BEST LONG-TERM ALTERNATIVE TO OCEAN DUMPING.
THE COSTS OF CONSTRUCTING AND OPERATING AN INTERIM SLUDGE DISPOSAL
FACILITY IS BEST ILLUSTRATED BY EXAMINING NEW YORK'S PROPOSED OPERATION.
NEW YORK CITY HAS COMPLETED THE INITIAL PLANS FOR A COMPOSTING
OPERATION /4/ WHICH WILL PERMIT THE MUNICIPALITY TO APPLY 225,000 TONS
OF CONTAMINATED COMPOST PER YEAR TO LAND SOMEWHERE IN THE METROPOLITAN
AREA. THE FACILITIES WILL BE CONSTRUCTED AT AN ESTIMATED COST OF $250
MILLION (87 1/2% OF WHICH WILL BE FEDERAL MONIES) AND OPERATED AT AN
ANNUAL COST OF 34 MILLION DOLLARS. /5/ THIS LARGE CAPITAL OUTLAY AND
ANNUAL EXPENSE ARE ONLY PRELUDES TO THE LONG-TERM SLUDGE DISPOSAL
EXPENSES THAT EACH MUNICIPALITY MUST EVENTUALLY INCUR.
UNDER THE TIME PRESSURE IMPOSED BY THE 1981 DEADLINE NO MUNICIPALITY,
TO THE BEST OF MY KNOWLEDGE, HAS BEEN ABLE TO DESIGN OR IMPLEMENT THE
BEST LONG-TERM SLUDGE DISPOSAL PLAN. ANOTHER METHOD OF DISPOSAL,
PYROLYSIS, HAS BEEN RECOMMENDED AS THE POSSIBLE LONG-TERM APPROACH TO
SLUDGE DISPOSAL IN THE NEW YORK AREA. SINCE THE SLUDGE DISPOSAL PLANS
SET TO BE IMPLEMENTED AFTER 1981 ARE ONLY INTERMIN MEASURES, THE
DISPOSAL FACILITIES NOW CONSTRUCTED MAY HAVE TO BE DISMANTLED, AND NEW
PYROLYSIS PLANTS BUILD AT AN EQUAL, IF NOT GREATER COST BY 1991.
ALL OF THE FACOERS DISCUSSED ABOVE CAUSED THE ASSOCIATION OF
MUNICIPAL SEWAGE AUTHORITIES (AMSA) TO ADOPT A RESOLUTION CALLING FOR
THE EXTENSION OF THE DECEMBER 31, 1981 DEADLINE.
IN LIGHT OF THES CONSIDERATIONS, I URGE THAT YOU EXTEND THE DECEMBER
31, 1981 OCEAN DUMPING DEADLINE. I APPLAUD CONGRESS FOR ITS DEDICATION
TO CLEANSING THE OCEAN BUT ASK THAT IT PERMIT THE MUNICIPALITIES TO MEET
THAT GOAL IN A FISCALLY AND ENVIRONMENTALLY SOUND MANNER.
ON BEHALF OF ALL AFFECTED MUNICIPALITIES I ASK, NOT ONLY THAT
CONGRESS EXTEND THE DEADLINE CONTAINED IN THE MARINE PORTECTION,
RESEARCH AND SANCTUARIES ACT, BUT ALSO THAT YOU ESTABLISH A COORDINATED
NATIONWIDE PROGRAM FOR THE DISPOSAL OF SEWAGE SLUDGE. TECHNICAL
GUIDANCE AND ASSISTANCE MUST BE PROVIDED BY EPA, USDA, AND THE U.S.
DEPARTMENT OF ENERGY, NOT ONLY TO THOSE MUNICIPALITIES NOW DUMPING IN
THE OCEAN, BUT TO ALL COMMUNITIES FACED WITH THE PROBLEM OF SLUDGE
DISPOSAL.
SPECIFIC CRITERIA MUST BE CAREFULLY DEVELOPED FOR LAND APPLICATION
AND INCINERATION. INFORMATION AND GUIDANCE MUST BE WIDELY DISSEMINATED
REGARDING THE COST, BENEFITS, AND RISKS ATTENDANT TO EACH METHOD OF
DISPOSAL.
FURTHERMORE, IF ANY SLUDGE DISPOSAL PROGRAM IS GOING TO WORK IT MUST
BE ADEQUATELY FUNDED. CONGRESS NOW PROVIDES ASSISTANCE TO
MUNICIPALITIES FOR CAPITAL EXPENSES INCURRED IN THE CONSTRUCTION OF
SLUDGE TREATMENT FACILITIES. HOWEVER, THE GREATER EXPENSE OVER THE
LONG-RUN WILL BE THE ANNUAL OPERATING EXPENSES FOR THOSE FACILITIES. AT
PRESENT, THESE COSTS WILL BE UNDERWRITTEN BY EACH MUNICIPALITY. I URGE
THAT YOU PROVIDE FEDERAL ASSISTANCE FOR OPERATING, AS WELL AS CAPITAL,
SLUDGE DISPOSAL COSTS.
IN SHORT, A CAREFULLY CONCEIVED, FEDERALLY-DIRECTED SLUDGE MANAGEMENT
PROGRAM ENABLING EACH MUNICIPALITY TO SELECT FOR ITSELF THE BEST METHOD
OF SLUDGE DISPOSAL, WITH FEDERAL TECHNICAL AND INCREASED FINANCIAL
ASSISTANCE, MUST REPLACE THE PRESENT DECEMBER 31, 1981 DEADLINE. I ASK
YOUR PROMPT AND FAVORABLE ACTION ON THESE PROPOSALS.
28 MARCH 1979
MAYOR EDWARD I. KOCH. CITY OF NEW YORK 52 CHAMBERS STREET, ROOM 115
NEW YORK, NY 10007
THIS IS IN ANSWER TO YOUR LETTER OF 22 MARCH ABOUT THE PROBLEM OF
SLUDGE DISPOSAL IN THE OCEAN OFF NEW YORK. I HAVE READ THE PROPOSED
TESTIMONY OF MARCH 19, AND CONSIDERED THE POINTS IN YOUR LETTER.
I AM A SCIENTIST, ENVIRONMENTALIST, OCEANOGRAPHER WHO BELIEVES THAT
MAN SHOULD NOT POLLUTE THE WATERS OFF OUR SHORES AND THAT DAMAGE DONE IN
THE PAST SHOULD BE REPAIRED AS WELL AS POSSIBLE. I DO NOT KNOW MUCH
ABOUT SEWAGE TREATMENT, FINANCING OR LEGAL MATTERS. WITHIN MY OWN AREA
OF COMPETENCE MY REACTION TO THE PROPOSED TESTIMONY IS THAT IT SOUNDS
REASONABLE AND HAS A MODERATE TONE. I CANNOT FORMALLY ENDORSE IT
BECAUSE THAT MIGHT BE CONSTRUED AS A POLITICAL ACT.
HOWEVER, THE FOLLOWING TECHNICAL COMMENTS MAY BE HELPFUL AND YOU MAY
USE THEM AS YOU WISH. I HAVE SAID THEM BEFORE IN SCIENTIFIC
PRESENTATIONS AND PUBLIC TESTIMONY.
THE PRESENT SITUATION, ALTHOUGH IT IS NOT GOOD FOR THE MARINE
ENVIRONMENT, IS NOT WORSENING RAPIDLY AND DOES NOT REQUIRE EMERGENCY
ACTION. SUCH EVIDENCE AS THERE IS SUGGESTS THAT ANY ADDITIONAL EFFECTS
OF A FEW YEARS OF CONTINUING THE PRESENT PRACTICES WILL BE REVERSIBLE A
FEW YEARS AFTER IMPROVEMENTS ARE MADE.
MY UNDERSTANDING OF THE NEW YORK SITUATION, ALTHOUGH LIMITED, IS THAT
THE SLUDGE DISPOSAL ARRANGEMENTS ARE NOT NEARLY AS DEMAGING AS THE
DIRECT DISCHARGE OF SEWAGE FROM MANY SOURCES IN THE HUDSON AND EAST
RIVER AREAS.
THE DAMAGING EFFECTS OF HEAVY METALS ON THE MARINE ENVIRONMENT HAS,
IN MY OPINION, BEEN GREATLY OVERSTATED. OUR LABORATORY HAS MADE MANY
THOUSANDS OF METAL MEASUREMENTS IN SEA ANIMALS AND FIND (GENERALLY
SPEAKING) NO INCREASES IN THE LEVELS OF METALS IN FISH AND VERY LOW
LEVELS OF METALS IN SOME INVERTEBRATES. WHETHER THIS SLIGHT INCREASE IN
METAL BODY BURDEN ACTUALLY HAS ANY ASSOCIATED TOXICITY IS NOT KNOWN. MY
OPINION IS THAT METALS IN THE SEA ARE SO EXTENSIVELY (WORD ILLEGIBLE)
AND COMPLEXED BY THE SURROUNDINGS THAT THEIR TOXICITY, IF ANY, IS LOW.
MY SCIENTIFIC ASSOCIATES AND I ARE CONSTANTLY WORKING TO LEARN MORE
ABOUT CONDTIIONS IN THE SEA AND THE AFFECTS OF WASTE DISPOSAL. WE
ACKNOWLEDGE THAT MUCH REMAINS TO BE LEARNED AND THAT OUR VIEWS MAY
CHANGE IN THE FUTURE. HOWEVER, THE SEA IS NOT AS MYSTERIOUS AND UNKNOWN
AS SOME PERSONS SEEM TO BELIEVE. THE OCEAN IS NOT DYING, NOR IS IT
THREATENED. THE EFFECTS OF MAN'S WASTEWATERS TO DATE ARE VERY LOCAL AND
IN A NUMBER OF PLACES THE INCREASE IN SEA LIFE SEEM TO MORE TAHN OFFSET
THE ALLEGED DAMAGE.
AS FAR AS I KNOW THERE ARE NO LAND STUDIES EQUIVALENT TO OUR STUDIES
OF THE SEA BOTTOM. IN OUR AREA (SOUTHERN CALIFORNIA) WE KNOW IN DETAIL
ABOUT THE CHANGES CAUSED BY WASTE SOLIDS IN THE POPULATIONS OF SMALL
ANIMALS THAT LIVE IN THE BOTTOM. SOMEONE SHOULD OBTAIN COMPARABLE DATA
FOR LAND. THE ANIMALS IN THE EARTH ON WHICH THE SLUDGE IS SPRAYED OR
COMPOST IS DUMPED MUST REACT IN SOME WAY. PRESUMABLY SOME INCREASE AND
OTHERS DECREASE. THE LAND DEGRADED BY SLUDGE APPLICATION IS PROBABLY
MORE VALUABLE THAN THE SEA BOTTOM. IN ANY CASE, THE GOVERNMENT SHOULD
TAKE THE TIME TO OBTAIN THE DATA AND MAKE SENSIBLE COMPARISONS.
I BELIEVE THAT WE ARE IN AGREEMENT TO THE BASIC POINT. OUR COUNTRY
SHOULD DO THE RESEARCH NECESSARY TO FIND OUT THE BEST ACTION FOR EACH
COMMUNITY, CONSIDERING ALL FACTORS. THE RESULT WILL THEN BE THE MOST
FAVORABLE ENVIRONMENTALLY, AT THE MOST REASONABLE COST.
WILLARD BASCOM
STATEMENT REGARDING THE MPRSA 811231 DEADLINE ON OCEAN DUMPING OF MUNICIPAL SLUDGE
REAUTHORIZATION OF THE TDHL SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT, AND THE MARINE PROTECTION, RESEARCH, AND SANCUTARIES ACT
GORDON G CHAIRMAN
LINDEN ROSELLE SEWAGE AUTHORITY P.O. BOX 124 LINDEN, NJ 07036
113078
HEARINGS
COMMENT PETITIONER
SENATE
TRANSCRIPT
THE LINDEN ROSELLE SEWERAGE AUTHORITY (LRSA) IS STRIVING DESPERATELY
TO CEASE ORU PRESENT PROCEDURE OF SLUDGE DISPOSAL WHICH IS TO BARGE IT
TO THE NEW YORK BIGHT AS WE HAVE DONE FOR MANY YEARS.
AS A RESULT OF THE ACT, WE ARE BEING FORCED TO ADHERE TO A RIGID
SCHEDULE IN OUR SLUDGE DUMPING PERMIT WHICH INCLUDES A NUMBER OF INTERIM
DATES IMPOSED BY THE ENFORCEMENTS BRANCH OF EPA. WE ARE NOT IN
VIOLATION FOR NOT HAVING MET ONE OF THE INTERIM DATES.
FIRST OF ALL, THERE HAS INITIALLY BEEN TOO SHORT A PERIOD OF TIME
ALLOWED FOR THE CONCEPTION, DESIGN AND CONSTRUCTION OF A PROPER SLUDGE
DISPOSAL FACILITY. THEN THERE ARE DELAYS NOT SUBJECT TO OUR CONTROL
SUCH AS VARIOUS APPROVALS BY THE USEPA AND NEW JERSEY DEPARTMENT OF
ENVIRONMENTAL PROTECTION (NJDEP) AND THE NEED TO JOIN WITH ANOTHER
-UTHORITY IN A JOINT PLAN. CONSEQUENTLY, LRSA IS PURSUING A TWO-PRONGED
APPROACH. ONE IS AN INTERIM PLAN AND THE OTHER IS THE FINAL PLAN.
THE INTERIM PLAN INCLUDES DEWATERING AND DISPOSAL IN A LANDFILL.
THERE IS CURRENTLY ONLY ONE REGISTERED LANDFILL IN NEW JERSEY WHICH HAS
BEEN IDENTIFIED AS BEING ABLE TO ACCEPT LRSA'S DEWATERED SLUDGE.
FURTHER, THE STATE OF NEW JERSEY HAS STRENUOUSLY OBJECTED TO SUCH
DISPOSAL FOR PERIODS LONGER THAN A FEW MONTHS; AND SUCH DISPOSAL WILL
SIGNIFICANTLY INCREASE THE AUTHORITY'S COSTS. BARRING UNUSUAL DELAYS BY
NJDEP AND USEPA FOR WHATEVER REASON SUCH AS GRANTS, PERMITS, ETC., LRSA
WILL CEASE OCEAN DUMPING BY DECEMBER 31, 1981. THE FINAL PLAN WILL MOST
LIKELY INCLUDE A THERMAL REDUCTION SYSTEM; HOWEVER, IT WILL NOT BE
COMPLETED UNTIL SOME TIME AFTER DECEMBER 31, 1981.
THE SELECTION OF THE INTERIM AND FIANL PROCESSES, THEIR DESIGN AND
CONSTRUCTION SHOULD NOT BE MADE UNTIL THE FORTHCOMING EPA AND NJDEP
SLUDGE MANAGEMENT AND PRETREATMENT REGULATIONS ARE ISSUED IN THEIR FINAL
FORM. THIS IS BECAUSE IF A PROCESS IS SELECTED PRIMARILY TO MEET
DEADLINES, IT MAY NOT BE THE MOST COST-EFFECTIVE PROCEDURE. FOR
INSTANCE, SOME ASPECT OF A DESIGNED OR CONSTRUCTED PLANT MAY NOT MEET
REGULATIONS AND REQUIRE COSTLY REVISIONS. ALSO, SOME PRETREATMENT OF
INDUSTRIAL WASTES MAY NOT BE IN EFFECT UNTIL JULY 1, 1983. SINCE LRSA
IS A RELATIVELY HIGHLY INDUSTRIALIZED AREA, THE THERMAL REDUCTION SYSTEM
WOULD REQUIRE EXTENSIVE AND EXPENSIVE AIR POLLUTION CONTROL DEVICES.
AFTER THE PRETREATMENT REGULATIONS ARE IMPLEMENTED, THESE DEVICES MAY
NOT BE NEEDED. THEREFORE THIS WOULD BE A WASTE OF TAXPAYERS FINANCIAL
RESOURCES.
THE FISPOSAL OF ASH COULD REQUIRE EXPENSIVE LINERS AND OTHER ITEMS
UNTIL THE PRETREATMENT REGULATIONS RESULT IN A SLUDGE THAT IS SAFE TO
USE. THERE ARE OTHER MORE COST-EFFECTIVE SOLUTIONS WHICH MAY DEVELOP BY
THE TIME THE SLUDGE QUALITY IS IMPROVED AFTER COMPLIANCE WITH EPA
PRETREATMENT REGULATIONS. THUS IT IS NOT REASONABLE FOR LRSA TO BE
FORCED TO IMPLEMTN SLUDGE MANAGEMENT PLANS MERELY TO MEET THE DECEMBER
31, 1981 DEADLINE.
WE FEEL THAT WE HAVE BEEN VERY DILIGENT IN OUR EFFORTS TO MEET THE
OCEAN DUMPING BAN DEADLINE. WE ALSO FEEL THAT WE HAVE BEEN AND WILL
CONTINUE TO BE DELAYED BY PROCEDURES WHICH WE CANNOT CONTROL. THIS HAD
PREVIOUSLY BEEN BROUGHT TO THE ATTENTION OF EPA AND NJDEP AT MEETINGS
HELD IN WASHINGTON, D.C. ON APRIL 5, 1978 AND JANUARY 17, 1979, WHICH
MEETINGS WERE ATTENDED AND ADRESSED BY OUR ELECTED GOVERNMENT OFFICIALS.
WE FULLY INTEND TO CONTINUE OUR DILIGENT EFFORTS TO ELIMINATE OCEAN
DUMPING BY DECEMBER 31, 1981. HOWEVER, WE DO NOT WICH TO BE FORCED TO
ADOPT UNECONOMICAL PROCEDURES AS WE MAY BE DOING AT THE PRESENT TIME.
THEREFORE, WE REQUEST THAT THE DECEMBER 31, 1981 DATE BE RECONSIDERED
AND LRSA BE PERMITTED TO CONTINUE OCEAN DISPOSAL OF SLUDGE UNTIL A NEW
DATE IS ESTABLISHED. THIS DATE SHOULD RECOGNIZE THE ISSUANCE DATE OF
FINAL EPA SLUDGE MANAGEMENT AND INDUSTRIAL PRETREATMENT REGULATIONS WITH
DUE REGARD TO THE LENGTH OF TIME NECESSARY TO DESIGN AND CONSTRUCT COST
AND ENERGY EFFECTIVE AND ENVIRONMENTALLY SOUND SLUDGE MANAGEMENT
FACILITIES IN ACCORDANCE WITH EPA FINAL REGULATIONS.
COMMENTS CONCERNING THE SAFE DRINKING WATER ACT OF 1974
780320
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT AND THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
BURBA F S PRESIDENT
LOUISVILLE WATER COMPANY 435 SOUTH THIRD STREET LOUISVILLE, KENTUCKY
40202
113079
HEARING
SENATE
TRANSCRIPT
COMMENTS PETITIONER
CORRESPONDENCE
THE HONORABLE EDMUND MUSKIE UNITED STATES SENATE ENVIRONMENT AND
PUBLIC WORKS COMMITTEE 4204 DIRKSEN SENATE OFFICE BUILDING WASHINGTON,
D.C. 20510
THE HONORABLE WENDELL H. FORD, SENATOR FROM KENTUCKY, WAS KIND ENOUGH
TO RECENTLY NOTIFY US OF THE PENDING EVALUATION BY OUR COMMITTEE ON THE
SAFE DRINKING WATER ACT AND RELATED FUNDING NEEDS. WE UNDERSTAND THAT
YOU WOULD BE RECEPTIVE TO WRITTEN COMMENTS ABOUT THE SUBJECT AND HAVE
TAKEN THE OPPORTUNITY TO OFFER THE ACCOMPANYING STATEMENT OF CONCERNS.
PLEASE REST ASSURED THAT WE STAND READY TO PROVIDE ADDITIONAL
RESPONSES, SHOULD YOU DESIRE THEM.
FOSTER S. BURBA
COPY TO: THE HONORABLE WENDELL H. FORD
(MARCH 20, 1978)
THE LOUISVILLE WATER COMPANY CONCURS WITH THE VAST MAJORITY OF WATER
UTILITIES IN THIS COUNTRY THAT THE INTENT OF THE SAFE DRINKING WATER ACT
IS NOBLE. SAFE, PURE AND AMPLE WATER SUPPLIES SHOULD BE A COMMON GOAL.
IN THIS RESPECT, THE LOUISVILLE WATER COMPANY JOINS ITS SISTER
UTILITIES, LOCAL AND STATE HEALTH DEPARTMENTS, THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY, AND OTHER AGENCIES AND POLITICAL
REPRESENTATIVES IN SUPPORT OF THAT GOAL.
ABUNDANT TESTIMONY HAS ALREADY BEEN PROVIDED TO THE US EPA THROUGH
SEVERAL REGIONAL HEARINGS AND INDIVIDUAL WRITTEN DOCUMENTS. INFORMATION
ALSO HAS BEEN PROVIDED TO MANY CONGRESSIONAL REPRESENTATIVES WHO ARE
DEEPLY CONCERNED ABOUT SAFE DRINKING WATER. CONSEQUENTLY, THE FOLLOWING
INFORMATION IS NOT NEW, HOWEVER, IDENTIFYING STILL UNANSWERED CONCERNS
APPEAR TIMELY TO THE RE-EVALUATION OF THE SAFE DRINKING WATER ACT AND
FUTURE FUNDING OF SAME.
THE WATER INDUSTRY'S PRIMARY CONCERNS ABOUT THE SAFE DRINKING WATER
ACT OF 1974 ARE THE INTERPRETATION OF THE ACT'S LANGUAGE AND THE NEED
FOR ALL PROCESSES SET FORTH IN THE ACT TO BE FOLLOWED. WE IN THE WATER
INDUSTRY FIND IT A SERIOUS DILEMMA FOR MOST OF THE US EPS'S PROPOSED
REQUIREMENTS TO BE FOUNDED UPON SUSPICIONS RATHER THAN SCIENTIFIC FACTS.
IT IS EXTREMELY DIFFICULT TO GRASP ANY REALITY OF RISKS INVOLVED WITH
ORGANIC CHEMICALS IN DRINKING WATER AND IT IS AS DIFFICULT TO DEAL WITH
THE NEED FOR EXPENSIVE TREATMENT PROCEDURES - WHOSE COSTS MUST BE BORNE
BY THE LOCAL CONSUMERS - BASED ON SUSPICION, NEBULOUS RISK FACTORS AND
INSUFFICIENT RESEARCH DATA. WHILE WE ARE GENERALLY ENCOURAGED BY RECENT
STUDIES THAT MINIMIZE THE HEALTH EFFECTS OF ORGANIC CHEMICALS IN WATER
AND, IN FACT, TEND TO ERODE EPA'S CONTENTION OF A CANCER RELATIONSHIP TO
ORGANIC CHEMICALS IN WATER, WE REMAIN CHAGRINED AT PUBLIC STATEMENTS
COMING FROM THE US EPA INDICATING ITS INTENT TO PROMULGATE PROPOSED
REGULATIONS ON ORGANICS IN DRINKING WATER IN ESSENTIALLY THE ORIGINALLY
PROPOSED FORM. WE ARE AS CONCERNED AS EPA ABOUT HEALTH AND DRINKING
WATER BUT DO NOT HAVE ANY ASSURANCE THAT THE PROPOSED INTERIM PRIMARY
REGULATION WILL PROVIDE A BETTER OF SAFER WATER. IN FACT, THERE IS
INDICATION THAT THE GAC TREATMENT PROCESS MAY CAUSE MORE HEALTH PROBLEMS
THAN IT PURPORTS TO REMEDY.
EPA IS PURSUING THE PROPOSED REGULATION FOR ORGANIC HEMICALS IN
DRINKING WATER ON THE BASIS OF "INTERIM PRIMARY STANDARDS" INSTEAD OF
"NATIONAL PRIMARY STANDARDS", WHICH IS CONTRARY TO INSTRUCTIONS OF THE
ACT. THE INTERIM STANDARD PROCESS MINIMIZES THE CONSULTATION AND ADVICE
OF THE NATIONAL ACADEMY OF SCIENCES, AN IMPORTANT RESOURCE TO EPA IN THE
EYES OF THE WATER INDUSTRY. APPROACHING THE ORGANIC CHEMICAL SUBJECT
UNDER THE INTERIM STANDARDS CONCEPT ALSO PLACES LIMITATIONS ON THE SCOPE
OF TREATMENT TECHNIQUES WHICH MIGHT BE MANDATED. THAT IS, UNDER INTERIM
REGULATIONS, STIPULATED TREATMENT TECHNIQUES ARE LIMITED TO THOSE
GENERALLY AVAILABLE WHEN THE ACT WAS PASSED IN 1974. GAC WITH FREQUENT
ON-SITE REGENERATION WAS NOT GENERALLY IN USE OR AVAILABLE ON THAT DATE
AND STILL IS NOT PROVEN OR IN USE FOR THE PURPOSE INTENDED BY EPA.
THE ECONOMIC IMPACT OF THE PROPOSED REGULATION RELATING TO ORGANICS
IN DRINKING WATER HAS BEEN ALL BUT OVERLOOKED DESPITE THE ACT
REQUIREMENT TO "TAKE COST INTO CONSIDERATION". YET ECONOMIC IMPACT IS
PARTICULARLY SIGNIFICANT TO THE RECOMMENDED TREATMENT TECHNIQUE OF
GRANULAR ACTIVATED CARBON (GAC) FILTERS. THERE SHOULD BE SOME ASSURANCE
THAT GAC WILL ACCOMPLISH THE INTENDED PURPOSE AND WILL NOT DO MORE HARM
THAN GOOD.
RESEARCH CONCERNING HEALTH EFFECTS, HEALTH RISKS, AND EFFICACY OF
TREATMENT TECHNIQUES IS NOT PRESENTLY ADEQUATE ENOUGH TO MAKE
INTELLIGENT DECISIONS ABOUT ORGANIC CHEMICALS IN WATER. IT IS NOT THE
INTENT TO DELAY OR STALL LEGITIMATE COURSES OF ACTION FOR PURE, AMPLE
WATER SUPPLIES; HOWEVER, IT SHOULD BE THE OBJECTIVE OF ALL INVOLVED
INDIVIDUALS AND AGENCIES TO MAKE CERTAIN THAT WE HAVE SOUND, ADEQUATE
SCIENTIFIC DATA ON WHICH TO REACH MEANINGFUL DECISIONS ABOUT THE HEALTH
AND WELFARE OF THE CITIZENRY WE SERVE.
A MANDATED TREATMENT TECHNIQUE SUCH AS GAC FILTERS, COULD LOCK THE
LOUISVILLE WATER COMPANY AND MANY OF OUR SISTER UTILITIES INTO
UNNECESSARY, UNPROVEN, AND POSSIBLE INEFFECTIVE TREATMENT PROCESSES
WITHOUT PROPER CONSIDERATION OF ALTERNATIVE METHODS. FOR EXAMPLE, IT IS
COMPUTED THAT THE LOUSIVILLE WATER COMPANY WOULD BE FORCED TO SPEND
APPROXIMATELY $106-MILLION DOLLARS FOR INSTALLATION OF GAC FILTERS AT
ITS TWO TREATMENT PLANTS. AN ADDITIONAL ANNUAL REVENUE OF $28-MILLION
DOLALRS TO OPERATE, MAINTAIN THE FILTERS AND DEFRAY THE BONDED
INDEBTEDNESS OVER A THIRTY YEAR PERIOD WILL HAVE DRAMATIC IMPACT ON EACH
CUSTOMER'S WATER BILL. THIS WOULD REQUIRE A RATE INCREASE OF 77% FOR
LOUSIVAILLE'S WATER CUSTOMERS TO PROVIDE PERMANENT AND IRREVERSIBLE
FACILITIES FINANCED BY LONG TERM BONDS TO MEET A REQUIREMENT WHICH BY
ITS TITLE SUGGESTS THAT IT IS TEMPORARY AND POSSIBLY SUBJECT TO DRASTIC
CHANGES.
THE OPPORTUNITY FOR OTHER OPTIONS IS AN ABSOLUTE NECESSITY BUT DOES
NOT APPEAR POSSIBLE UNDER THE PROPOSED REGULATIONS. THE FEASIBILITY OF
GAC TREATMENT TO ACCOMPLISH EPA'S DESIRED GOAL SUBSTANTIAL REDUCTION OR
REMOVAL OF TRACE AMOUNTS OF SOC'S (SYNTHETIC ORGANIC CHEMICALS) IN
PUBLIC DRINKING WATER SUPPLIES IS VERY QUESTIONABLE. ALTHOUGH WATER
SYSTEMS HAVE USED GAC TO CONTROL COMPOUNDS WHICH CAUSE TASTE AND ODORD
PROBLEMS IN DRINKING WATER, THERE IS NO EXPERIENCE WITH WHICH TO
EVALUATE THE EFFECTIVENESS OF GAC IN REMOVING TRACE AMOUNTS OF SOC'S
PARTICULARLY THE VOLATILE HALOGENATED ORGANICS FOR WHICH EPA HAS
EXPRESSED CONCERN. THERE IS NO WATER SYSTEM IN THE WORLD WHICH IS KNOWN
TO HAVE USED GAC TREATMENT TO SATISFY THE DESIGN CRITERIA PRESCRIBED IN
THE PROPOSED REGULATION.
THE REPETITIVE ON SITE REGENERATION OF GAC IS A "NEW BALL GAME" AND
SHOULD BE DEVELOPED AND PROVEN. THE USE OF GAC WITH ATTNEDANT ON-SITE
REGENERATION OF THE CARBON, WAS NOT GENERALLY AVAILABLE IN 1974 AND AT
THIS TIME, IS NOT GENERALLY AVAILABLE OR PROVEN FOR THE PURPOSE INTENDED
BY EA, I.E., FOR PURPOSES OF REMOVING SYNTHETIC ORGANIC COMPOUNDS --
SPECIFICALLY, VOLATILE HALOGENATED ORGANICS. TO MY KNOWLEDGE, THERE IS
NOT A GAC PLANT ANY WHERE IN THE WORLD WHICH WILL ACCOMPLISH WHAT EPA IS
MANDATING AS A ANTIONAL EXPERIMENTATION AT THE EXPENSE OF LOCAL WATER
USERS. GAC SHOULD BE PROVEN WITH FULL-SCALE PLANT STUDY BEFORE BEING
MANDATED AS A PANACEA FOR SOC'S.
THERE IS CONSIDERABLE CONCERN THAT THE FREQUENT REGENERATION OF GAC
WILL CAUSE THE FORMATION OF TOXIC MATERIALS. THIS PLUS ITS
CHROMATOGRAPHIC OR DESORPTION EFFECT, ITS CONTAINING INORGANIC ELEMENTS
SUCH AS LEAD, MERCURY, AND CADMIUM, ITS BEING AN IDEAL LOCATION FOR
BACTERIAL GROWTH, AND OTHER UNDESIRABLE POSSIBILITIES, ALL CONTRIBUTE TO
A TREATMENT PROCESS WHICH MIGHT RESULT IN DEGRADATION RATHER THAN
IMPROVEMENT OF THE WATER SUPPLY.
WE BELIEVE ONE OF THE FIRST PLACES TO CONTROL POLLUTANTS IN WATER IS
AT THE POINT OF SOURCE VIA THE WATER POLLUTION CONTROL ACT (PL92-500)
AND THE TOXIC SUBSTANCES CONTROL ACT WHICH ARE MANAGED BY THE US EPA.
GREATER EMPHASIS ON MONITORING FOR POLLUTION IN OUR WATERWAYS THAT WILL
HELP DETECT DISCHARGE SOURCES IS AN ABSOLUTE NECESSITY; HOWEVER, WE DO
NOT SEE PLANS FOR COMPREHENSIVE MONITORING OF OUR NATIONS WATER BASINS.
IN ORDER TO PREVENT, WE MUST HAVE COMPREHENSIVE AND REGULAR MONITORING
TO IDENTIFY AND QUANTIFY, SO AS TO DETERMINE THE LEVEL AND FREQUENCY OF
CHEMICALS IN OUR WATERS AT VARIOUS LOCATIONS ALONG OUR RIVERS AND
STREAMS. MONITORING IS A DETERENT TO INDISCRIMINANT DISCHARGEOF
CHEMICALS, AIDS IN TRACKING DOWN OFFENDERS, AND PERMITS THE WATER
UTILITIES TO PREPARE FOR WHATEVER CONDITIONS MAY OCCUR. I AM PLEASED TO
REPORT THAT LOUISVILLE'S PARTICIPATION IN THE ORSANCO (OHIO RIVER
SANITATION COMMISSION) EARLY DETECTION SYSTEM AND ITS OWN EXPANDED
MONITORINT PROGRAM HAVE BEEN REWARDING. TO DATE, WE HAVE FOUND THE
QUALITY OF THE OHIO RIVER AT LOUISVILLE TO BE MUCH BETTER THAN WE HAD
BEEN LEAD TO BELIEVE. FURTHER, WE BELIEVE A CONCENTRATED AND
COORDINATED EFFORT TO CLEAN UP A STREAM IS POSSIBLE ONLY IF THERE IS A
GOOD DATA BASE WHICH IS GATHERED THRU A COMPREHENSIVE MONITORING
PROGRAM. THE AXIOM THAT "AN OUNCE OF PREVENTION IS WORTH A POUND OF
CURE" HAS NEVER HAD MORE MEANING THAN IT RELATES TO WATER SOURCE
MANAGEMENT.
WE THINK THE US EPA SHOULD REFRAIN FROM PRESCRIBING WATER TREATMENT
TECHNIQUES. WE SEE EPA'S PRIMARY THRUST AS IDENTIFYING CONCERNS ABOUT
THE HEALTH EFFECTS OF WATER, HELPING TO GATHER SCIENTIFIC DATA THROUGH
EPA SPONSORED AND COORDINATED RESEARCH PROJECTS FOR INTELLIGENT
DECISIONS, AND THEN, IF NECESSARY, SETTING MEANINGFUL GUIDELINES AND/OR
MAXIMUM CONCENTRATION LEVELS FOR CONTAMINANTS IN WATER THEREBY
PERMITTING THE WATER INDUSTRY TO DEVISE TECHNIQUES AND METHODS TO
CONTROL OR REMOVE SUCH MATERIALS. WE ARE LED TO BELIEVE THAT THIS ALSO
IS WHAT CONGRESS INTENDED WHEN IT PASSED THE SAFE DRINKING WATER ACT.
IN RE-EVALUATING AN EXTENSION OF THE SAFE DRINKING WATER ACT AND
ATTNEDANT FUNDING, IT IS OUR SINCERE HOPE THAT CONGRESS WILL CONSIDER
CLARIFYING THE LANGUAGE OF THE ACT TO AFFORD BETTER INTERPRETATION OF
THE PROCESSES TO BE FOLLOWED IN THE STUDIES OF WATER QUALITY CONCERNS
AND TO ALSO ADDRESS THE DILEMMA OF ACTION BASEDUPON SUSPICIONS INSTEAD
OF SOLID, SCIENTIFIC FACTS. THE MATTER OF ORGANICS IN DRINKING WATER
SHOULD BE DEALT WITH FACTUALLY, REALISTICALLY AND POSITIVELY SO THAT
REQUIREMENTS, WHEN IMPLEMENTED, WILL PROVIDE REAL AND NOT IMAGINED
BENEFIT TO THE PUBLIC.
STATEMENT OF THE MANUFACTURING CHEMISTS ASSOCIATION
790319
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT AND THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
PART 001 OF 8
COX G V VICE PRESIDENT TECHNICAL DIRECTOR
MANUFACTURING CHEMISTS ASSOCIATION 1825 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C. 20009
113081
HEARINGS
COMMENT PETITIONER
SENATE
TRANSCRIPT
THE HONORABLE EDMUND S. MUSKIE CHAIRMAN SUBCOMMITTEE ON ENVIRONMENTAL
POLLUTION COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE
4204 DIRKSEN OFFICE BUILDING WASHINGTON, D.C. 20510
THIS LETTER IS TO REQUEST THAT YOU INCLUDE THE ENCLOSED WRITTEN
STATEMENT IN THE RECORD OF YOUR SUBCOMMITTEE HEARINGS MARCH 19 ON
REAUTHOIZATION AND OVERSIGHT OF THE TOXIC SUBSTANCES CONTROL ACT (TSCA).
THE MANUFACTURING CHEMISTS ASSOCIATION IS DEEPLY CONCERNED ABOUT THE
ENVIRONMNETAL PROTECTION AGENCY'S IMPLEMENTATION OF TSCA, PARTICULARLY
ITS PROPOSED SECTION 5 PREMANUFACTURE NOTIFICATION REGULATIONS. WE
BELIEVE THESE PROPOSED REGULATIONS WOULD IMPOSE EXCESSIVE REQUIREMENTS
FOR INFORMATION IN THE EARLY STAGES OF NEW VENTURES, THEREBY SERIOUSLY
INHIBITING CHEMICAL INNOVATION AND CAUSING OTHER DETRIMENTAL EFFECTS SET
FORTH IN OUR STATEMENT ENCLOSED.
WE WOULD APPRECIATE YOUR CONSIDERATION OF OUR STATEMENT. WE STAND
READY TO WORK WITH YOU AND YOUR STAFF TO ACHIEVE THE ESSENTIAL PURPOSES
OF TSCA IN THE LEAST BURDENSOME MANNER TO THE-CHEMICAL INDUSTRY.
SUBMITTED FOR THE RECORD TO THE SUBCOMMITTEE ON ENVIRONMENTAL
POLLUTION OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES
SENATE AT REAUTHORIZATION AND OVERSIGHT HEARINGS ON THE TOXIC SUBSTANCES
CONTROL ACT.
STATEMENT OF THE MANUFACTURING CHEMISTS ASSOCIATION
790319
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT AND THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
PART 002 OF 8
COX G V VICE PRESIDENT TECHNICAL DIRECTOR
MANUFACTURING CHEMISTS ASSOCIATION 1825 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C. 20009
113082
HEARINGS
COMMENT PETITIONER
SENATE
TRANSCRIPT
THE MANUFACTURING EHCMISTS ASSOCIATION (MCA) IS A NONPROFIT TRADE
ASSOCIATION HAVING 191 UNITED STATES COMPANY MEMBERS REPRESENTING MORE
THAN 90 PERCENT OF THE PRODUCTION CAPACITY OF BASIC INDUSTRIAL CHEMICALS
WITHIN THIS COUNTRY. THUS, MCA' MEMBERS ARE DIRECTLY AND SUBSTANTIALLY
AFFECTED BY THE TOXIC SUBSTANCES CONTROL ACT (TSCA) WHICH IS THE SUBJECT
OF THE PRESENT BUDGETARY REAUTHORIZATION AND OVERSIGHT HEARINGS BY THIS
SUBCOMMITTEE.
THE LEGISLATIVE AND REGULATORY HISTORY OF TSCA SHOWS THAT MCA HAS
SUPPORTED A LAW TO REGULATE EFFECTIVELY THOSE CHEMICAL SUBSTANCES WHICH
INDEED POSE A TRULY UNREASONABLE RISK TO HUMAN HEALTH OR THE
ENVIRONMENT. TO ACHIEVE THIS OBJECTIVE IT IS OUR FIRM BELIEF THAT TSCA
CAN AND MUST BE ADMINISTERED REASONABLY. TO THAT END, WE CONTINUE TO
APPRECIATE THE OPPORTUNITY OF WORKING WITH THE ENVIRONMENTAL PROTECTION
AGENCY (EPA) AND OTHERS TO DEVELOP IMPLEMENTING RULES FOR THE SOUND
ADMINISTRATION OF THIS COMPLEX LAW.
IT IS OUR POSITION THAT MAJOR SUBSTANTIVE AMENDMENTS TO TSCA WOULD BE
PREMATURE. OUR RECOMMENDATIONS THEREFORE DEAL SOLELY WITH
IMPLEMENTATION AND BUDGETING CONCERNS. CONGRESS VERY PROPERLY LEFT MUCH
OF THE IMPLEMENTATION MECHANISM FOR TSCA TO THE DISCRETION AND JUDGMENT
OF THE ADMINISTRATOR. THIS IS ESSENTIAL TO PROVIDE THE FLEXIBILITY
NECESSARY FOR WORKING EFFECTIVELY IN THIS NEW AND VERY COMPLICATED AREA.
HOWEVER, THIS DISCRETION MUST BE EXERCISED IN A BALANCED MANNER FULLY
CONSONANT WITH THE ACT AS WRITTEN BY CONGRESS.
ONE OF THE FIRST MAJOR IMPLEMENTING RULES IS NOW UNDER DEVELOPMENT,
AND WILL SET THE TONE FOR KEY ELEMENTS OF THE ACT'S EFFECTIVNESS FOR
YEARS TO COME. THIS RULE DEALS WITH THE PREMANUFACTURE NOTIFICATION
(PMN) PROVISIONS OF SECTION 5 OF TSCA. PMN'S ARE REQUIRED TO BE FILED
FOR ALL NEW CHEMICAL SUBSTANCES INTENDED FOR MANUFACTURE, BEGINNING 30
DAYS AFTER THE PUBLICATION OF THE INVENTORY OF COMMERCIAL CHEMICAL
SUBSTANCES PRODUCED CURRENTLY IN THE UNITED STATES.
WE USE THIS RULE-MAKING TO ILLUSTRATE BOTH POSITIVE AND NEGATIVE
CONCERNS WITH THE IMPLEMENTATION BEING INITIATED BY EPA'S OFFICE OF
TOXIC SUBSTANCES. IN A POSITIVE VEIN, WE'VE BEEN PLEASED BY THE
OPPORTUNITY GIVEN US AND OTHER TO DISCUSS ALTERNATIVES AND EARLY DRAFTS.
WE BELIEVE THAT THIS APPROACH IS PRODUCTIVE, AND INDEED ESSENTIAL, TO
GAIN APPROPRIATE EXCHANGES OF VIEWS. THESE ARE NEEDED TO PRODUCE RULES
WHICH ARE EFFECTIVE WITHOUT BURDENING UNDULY EITHER INDUSTRY, THE
AGENCY, OR THE INNOVATIVE PROCESS, WHILE STILL PROTECTING AGAINST
UNREASONABLE RISKS TO HUMAN HEALTH OR THE ENVIRONMENT.
WE SINCERELY HOPE THAT THESE EXCHANGES WILL CONTINUE BECAUSE WE ARE
CONVINCED THAT TSCA CAN BE MADE EFFECTIVE ONLY THROUGH COOPERATIVE
ENDEAVOR AND A SUPPORTIVE PARTNERSHIP BETWEEN INDUSTRY ADN GOVERNMENT,
IN THE CLEAR VIEW OF THE PUBLIC. AT THE SAME TIME, WE ARE CONCERNED
THAT THE DISCUSSIONS TO DATE ON THE PROPOSED SECTION 5 RULE HAVE NOT
BEEN FULLY EFFECTIVE IN TRANSLATING THE PROVISIONS OF TSCA INTO
PROPOSALS TO FULFILL THE STATUTORY MANDATE.
STATEMENT OF THE MANUFACTURING CHEMISTS ASSOCIATION
790319
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT AND THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
PART 003 OF 8
COX G V VICE PRESIDENT TECHNICAL DIRECTOR
MANUFACTURING CHEMISTS ASSOCIATION 1825 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C. 20009
113083
HEARINGS
COMMENT PETITIONER
SENATE
TRANSCRIPT
FOR EXAMPLE, EPA HAS STATED CORRECTLY THAT SECTION 5 IS A
NOTIFICATION PROVISION AND NOT A LICENSING REQUIREMENT. SECTION 5'S
PRIMARY FUNCTION IS SIMPLY TO NOTIFY THE AGENCY OF THE IMPENDING
PRODUCTION OF A NEW CHEMICAL SUBSTANCE. THUS ALERTED, EPA HAS A WIDE
VARIETY OF ACTIONS IT MAY TAKE TO REGULATE, GENERATE TESTING, OR MONITOR
COMMERCIAL DEVELOPMENT OF A SUBSTANCE UNDER SECTIONS 4, 5, 6, 7, 8, OR
COMBINATION OF THESE AUTHORITIES.
UNFORTUNATELY, EPA'S PROPOSED RULE SUGGESTS QUITE THE CONTRARY OF ITS
STATEMENT REGARDING NOTIFICATION. EPA PROPOSES TO ASSUME AUTHORITY TO
SUSPEND THE TOLLING OF THE ACT'S 90-DAY REVIEW PROVISION, EITHER
TEMPORARILY FOR CORRECTION OF MINOR DEFICIENCIES, OR INDEFINITELY BY
DECLARING A NOTICE "INVALID" FOR A LACK OF COMPLETE INFORMATION. THESE
PROPOSALS ARE CLEARLY INCONSISTENT WITH THE PROMPT AND ORDERLY SCREENING
CONSTRUCTED BY CONGRESS AS THE 90-DAY LIMITATION, TO PRECLUDE
SUBSTANTIAL DELAY AND DISRUPTION IN THE COMMERCIAL INTRODUCTION OF NEW
CHEMICALS.
THE CONCERN WITH THE "INVALIDITY" CONCEPT LIES IN THE UNAUTHORIZED
POTENTIAL FOR DELAY AND UNCERTAINITY IT WOULD CREATE. EPA'S POSSIBLE
USE OF A DECLARATION OF "INVALIDITY" WOULD EXPAND THE SCOPE OF
PREMANUFACTURE REVIEW BEYOND THE BOUNDS OF THE ACT WITHOUT PROVISION FOR
LEGAL REMEDY. THIS PROPOSAL REQUIRES SUBSTANTIAL RETHINKING AND TESTING
AGAINST THE PROVISIONS OF THE STATUTE.
THE AREA OF TOXICOLOGICAL AND ENVIRONMENTAL TESTING IS ONE OF
POTENTIAL CONCERN. WE COMPLIMENT EPA FOR ITS CURRENT FLEXIBILITY IN
AVOIDING RIGID TESTING GUIDELINES. THIS POSITION SHOULD BE MAINTAINED
IF THE LIMITED TESTING FACILITIES ARE TO BE DEVOTED TO COST-EFFECTIVE,
MEANINGFUL AND APPROPRIATE TESTS RATHER THAN TO ROUTINE AND RIGIDLY
MANDATED REQUIREMENTS. THE DATA NEEDED TO EVALUATE THE POTENTIAL RISK
OF A NEW SUBSTANCE WILL VARY WITH EACH SUBSTANCE AND ITS USES, AND
CHANGE OVER TIME, IN THIS RAPIDLY DEVELOPING DISCIPLINE. IT WOULD BE
MOST UNWISE TO FREEZE THIS TECHNOLOGY AT ITS RELATIVELY YOUNG PRESENT
STATE.
ANOTHER MATTER OF GREAT CONCERN TO US IS EPA'S INTERPRETATION OF
"REASONABLY ASCERTAINABLE" INFORMATION TO MEAN INFROMATION TO BE
OBTAINED BY MANDATORY CONTACT WITH THE MANUFACTURERS' CUSTOMERS. THIS
PART OF EPA'S PROPOSAL SUGGESTS A POTENTIALLY OVERWHELMING
ADMINISTRATIVE BURDEN FOR BOTH INDUSTRY AND EPA. THE ADDED HINDRANCE OF
CORRESPONDENCE, DOCUMENTATION, REVIEWS, AND RECORD-KEEPING
FOR-APROCEDURE OF-QUESTIONABLE VALUE FOR NEW SUBSTANCES WOULD BE
NEEDLESSLY INFLATIONARY.
STATEMENT OF THE MANUFACTURING CHEMISTS ASSOCIATION
790319
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT AND THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
PART 004 OF 8
COX G V VICE PRESIDENT TECHNICAL DIRECTOR
MANUFACTURING CHEMISTS ASSOCIATION 1825 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C. 20009
113084
HEARINGS
COMMENT PETITIONER
SENATE
TRANSCRIPT
/1/ EPA 230/2-12/78-005, IMPACT OF TSCA PROPOSED PREMANUFACTURING
NOTIFICATION REQUIREMENTS BY ARTHUR D. LITTLE, INC.
COMMERCIAL ACCEPTANCE OF A NEW MATERIAL IS NEARLY ALWAYS SLOW BEFORE
PATTERNS OF USE DEVELOP. THE MANUFACTURER CAN READILY REPORT SUFFICIENT
INFORMATION ABOUT THE REQUIRED "CATEGORIES OF USE" IN THESE EARLY SMALL
VOLUME STAGES TO DETERMINE IF THE RISK IS UNREASONABLE; EXHAUSTIVE
COMPILATION OF ILLDEFINED AND FREQUENTLY SPECULATIVE USES WOULD BE
WASTEFUL. IN ANY CASE, THE RED TAPE REPRESENTED BY THIS PROPOSAL FOR
MANUFACTURER AND CUSTOMER ALIKE WILL INHIBIT SEVERELY THE ALREADY
FRAGILE INNOVATION PROCESS. COMPETITION FOR SCARCE AND EXPENSIVE
TECHNICAL RESOURCES WILL TEND TO DIVERT ATTENTION FROM SUBSTANCES OR
MATERIALS INCURRING THIS ADMINISTRATIVE BURDEN.
CONFIDENTIALITY OF TRADE SECRETS, PARTICULARLY WITH RESPECT TO
CHEMICAL IDENTITY, IS A FURTHER ISSUE OF CONCERN. EPA HAS ACKNOWLEDGED
THE NEED TO PROTECT THIS INFORMATION PRIOR TO ACTUAL START OF
MANUFACTURE BUT NOT AFTER. FOR MANY SUBSTANCES THIS MAY SUFFICE. BUT
PARTICULARLY FOR THE SPECIALTIIES MANUFACTURER IT MAY NOT. IN THIS
BRANCH OF BUSINESS, THE MERE KNOWLEDGE OF ONE COMPANY'S USE OF A
SUBSTANCE CAN REVEAL -- TO ITS LOSS -- A MUCH BROADER LINE OF TECHNOLOGY
AND KNOW-HOW TO A KNOWLEDGEABLE COMPETITOR. IN SOME OF THESE INSTANCES,
THE CHEMISTRY MAY NOT BE EXOTIC BUT IT WILL BE TECHNICALLY "NEW";
KNOWLEDGE OF IT WOULD PROVIDE UNFAIR ADVANTAGE TO THE COMPETITOR AND
SERIOUSLY ENDANGER RECOVERY OF DEVELOPMENT COSTS AND CREATION OF A FAIR
RETURN FOR THE INVENTING COMPANY. THIS WILL BE A VERY UNWISE AND
INHIBITING RESULT TO MANY SMALL MANUFACTURERS, WHO TEND, IN GENERAL, TO
BE HIGHLY SPECIALIZED.
THE PMN FORMS PROPOSED BY EPA ARE UNREASONABLY COMPLICATED AND
LENGTHY FOR A NOTIFICATION PROCEDURE. THE INFORMATION REQUESTED MIGHT
BE AT LEAST AVAILABLE WITHIN WELL ESTABLISHED LARGE SCALE BUSINESSES;
IT IS TOTALLY INAPPROPRIATE FOR NEW VENTURES WHICH ARE NEARLY ALWAYS
SMALL IN VOLUME. EPA HAS ACKNOWLEDGED THE NEED FOR CHANGING THESE
FORMS. PERHAPS THE REASON FOR THIS WAS EPA'S REALIZATION-FROM THE
SECTION 8(B) INVENTORY-THAT ABOUT 70 PERCENT OF THE APPROXIMATELY 70,000
CHEMICALS NOW COMMERICAL IN THE UNITED STATES HAVE PRODUCTION VOLUMES OF
ONLY 100,000 POUNDS PER YEAR OR LESS. STUDIES DONE FOR EPA BY ARTHUR D.
LITTLE, INC. /1/ INDICATED HIGH COSTS, $2,500 TO $41,000, JUST FOR
FILLING OUT THE FORMS; COSTS FOR DEVELOPING THE DATA ARE NOT INCLUDED.
ANALYSIS OF THE INUDSTRY STRUCTURE SUGGESTED THAT A SUBSTANTIAL NUMBER
OF TODAY'S CHEMICALS COULD NOT HAVE BORNE EVEN THIS COST, LET ALONE
TESTING COSTS. MCA WILL MAKE DETAILED COMMENTS AND RECOMMENDATIONS TO
EPA FOR FORMS AND PROCEDURES WHICH NOT ONLY TRACK THE STATUTE BUT ALSO
PROVIDE THE INFORMATION EPA NEEDS TO EVALUATE THE LEVEL OF RISK WITH A
NEW CHEMICAL SUBSTANCE.
STATEMENT OF THE MANUFACTURING CHEMISTS ASSOCIATION
790319
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT AND THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
PART 005 OF 8
COX G V VICE PRESIDENT TECHNICAL DIRECTOR
MANUFACTURING CHEMISTS ASSOCIATION 1825 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C. 20009
113085
HEARINGS
COMMENT PETITIONER
SENATE
TRANSCRIPT
FINALLY, IN LIGHT OF THE ADMINISTRATIVE PROCEDURES ACT WHICH ACCORDS
THE REGULATED INDUSTRY DUE PROCESS IN THE DEVELOPMENT OF REGULATIONS,
MCA QUESTIONS EPA'S PROPOSAL TO PUT THE PROPOSED RUELES INTO EFFECT ON
AN "INTERIM" BASIS BEFORE THE REQUIRED COMMENTS AND THEIR ANALYSIS ARE
COMPLETED, IN PROMULGATING FINAL RULES. THIS "INTERIM" WOUDL BEGIN 30
DAYS FOLLOWING PUBLICATION OF THE "INITIAL" INVENTORY OF EXISTING
COMMERCIAL SUBSTANCES, AND END WITH ISSUANCE OF A FINAL SECTION 5 RULE.
MCA HAS PETITIONED EPA FOR RELIEF FROM THIS IMPROPER PROCEDURE AND WILL
MAKE LEGAL ARGUMENTS AS NECESSARY.
INNOVATION IS THE LIFE BLOOD OF THE CHEMICAL INDUSTRY. THIS IN TURN
HAS PROVIDED AMERICANS WITH SUPERIOR GOODS BASED ON THE BEST TECHNOLOGY
IN THE WORLD. ACCORDING TO THE ARTHUR D. LITTLE REPORT, THE CHEMICAL
INDUSTRY IMPACTS 23 PERCENT OF ALL BUSINESS SALES, 19 PERCENT OF
NON-GOVERNMENT EMPLOYMENT AND 35-45 PERCENT OF ALL U.S. BUSINESS
ACTIVITY. CHEMICAL INNOVATION HAS PRODUCED INTERMEDIATES FOR NEW DRUGS
AND PHARMACEUTICALS, TEFLONS FOR COATING FRYPANS OR AS PADS FOR
BUILDINGS IN LOS ANGELES TO RESIST EARTHQUAKES, SUPERIOR DETERGENTS TO
PERFORM IN HARD WATER WITHOUT PHOSPHATES, ANTIFREEZE FOR OUR
AUTOMOBILES, SUPERIOR FABRICS AND PLASTICS THAT LLOW LIGHTER WEIGHT
AUTOS AND SAVE ENERGY, AND INNUMERABLE OTHER DEVELOPMENTS.
CHEMICAL WEEK RECENTLY STATED THAT 88 NEW VENTURES BY DUPONT IN THE
LAST 20 YEARS ARE RESPONSIBLE FOR 25 PERCENT OF THEIR PRESENT GROSS
REVENUE. WE ARE CONCERNED THAT PMN REGULATIONS MAY KILL THE GOOSE THAT
LAID THE GOLDEN EGGS OF INNOVATION.
TO STRESS THE IMPORTANCE OF THE CHEMICAL INDUSTRY AND INNOVATION,
CONGRESS WROTE IN THE ACT, SECTION 2(B)(3), "AUTHORITY OVER CHEMICAL
SUBSTANCES AND MIXTURES SHOULD BE EXERCISED IN SUCH A MANNER AS NOT TO
IMPEDE UNDULY OR CREATE UNNECESSARY ECONOMIC BARRIERS TO TECHNOLOGICAL
INNOVATION. . ."
EPA'S PROPOSED PMN REGULATIONS AND FORMS SEEM STRUCTURED FOR
LARGE-SCALE, EXISTING MANUFACTURE WHERE PRODUCTION-VOLUMES,
EXPOSURE-LEVELS, USES, AND CUSTOMERS ARE KNOWN, RATHER THAN FOR
LOW-VOLUME, NEW SUBSTANCES WHERE THE INFORMATION IS MOSTLY NOT KNOWN AND
ONLY BE ESTIMATED, AT BEST.
MCA EXPERTS HAVE STUDIED THE ARTHUR D. LITTLE REPORT AND GENERALLY
AGREE WITH IT. THE REPORT'S CONTENTION IS FIRMLY SUPPORTED THAT BY FAR
THE MAJOR PORTION OF PMN'S WILL BE FOR LOW-PRODUCTION VOLUMES. THIS
REPORT (P. III-4) STATES THAT FROM AN ANALYSIS FO THE TSCA ("INITIAL")
INVENTORY, ONLY "ONE OUT OF 85", OR LESS THAN 2 PERCENT OF EXISTING
SUBSTANCES, HAVE SALES VOLUMES OF OVER $100,000 PER YEAR. AS INDICATED
EARLIER, EPA HAS FOUND THAT OF ALL THE SUBSTANCES OF THIS INVENTORY, 70
PERCENT HAVE VOLUMES OF LESS THAN 100,000 LBS. PER YEAR AND 30 PERCENT
LESS THAN 10,000 LBS. PER YEAR.
STATEMENT OF THE MANUFACTURING CHEMISTS ASSOCIATION
790319
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT AND THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
PART 006 OF 8
COX G V VICE PRESIDENT TECHNICAL DIRECTOR
MANUFACTURING CHEMISTS ASSOCIATION 1825 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C. 20009
113086
HEARINGS
COMMENT PETITIONER
SENATE
TRANSCRIPT
IN ACTUAL PRACTICE MANY DEVELOPMENT ITEMS AMOUNT TO ONLY 100 LBS. PER
YEAR IN THEIR EARLY YEARS.
MANY NEW SUBSTANCES ARE INTRODUCED BY COMPANIES WHICH HAVE FOUND A
WAY TO ISOLATE ECONOMICALLY A SUBSTANCE FROM A RAW MATERIAL OR TO
PRODUCE IT FROM A BASIC RAW MATERIAL AND THEN OFFER THE PRODUCT IN THE
HOPE IT WILL FILL A POSSIBLE NEED. INDUSTRY INVESTS TIME AND EFFORT TO
FIND USES TO EXPLOIT THE SPECIAL PROPERTIES WHICH THE NEW MATERIAL
OFFERS. IT IS ESSENTIAL THAT THESE NEW VENTURES BE GIVEN A CHANCE OT
LIVE AND GROW. NEARLY ALL OF TODAY'S MAJOR COMMODITIES SUCH AS STYRENE,
ETHYLENE OXIDE, AND THE TEFLONS, WERE SMALL-SCALE VENTURES FOR MANY
YEARS BEFORE NEW USES GAVE THEM LARGE VOLUME.
THE SMALL-VOLUME OF THESE NEW VENTURES CANNOT JUSTIFY HEAVY
DEVELOPMENT COSTS. SUCCESSFUL VENTURES MUST BEAR THE COST OF
UNSUCCESSFUL ONES. RECOGNITION OF THESE FACTS HAS FORCED COMPANIES TO
BE HIGHLY SELECTIVE IN ACCEPTING NEW SUBSTANCES FOR DEVELOPMENT. THIS
SELECTIVITY HAS REDUCED INDUSTRIAL RESEARCH AND DEVELOPMENT EXPENDITURES
FOR BASIC RESEARCH MORE THAN 20 PERCENT SINCE THE 1960'S. TO THE
FACOTRS WHICH LED TO THIS REDUCTION WILL BE ADDED THE COST,
COMPLEXITIES, AND UNCERTAINTIES OF PREMANUFACTURE NOTIFICATION.
THE REQUIREMENTS FOR REVENUE TO PAY OFF VARIOUS POSSIBLE
DEVELOPMENTAL COSTS CAN BE ILLUSTRATED QUITE SIMPLY. ONE CONDITION IS
THAT ONE OF TWO VENTURES SUCCEEDS, BUT IN FACT, THE RATIO IS LESS THAN
THIS. ANOTHER ASSUMPTION IS THAT THE PROFITABILITY FOR THE CHEMICAL
INDUSTRY BE 8 PERCENT ON GROSS REVENUE AFTER TAX. THIS PERCENTAGE IS ON
THE HIGH END OF THE RANGE. IF THIS DEVELOPMENT IS EXTENDED OVER SEVERAL
YEARS, THE REQUIREMENT FOR REVENUE WILL BE GREATER DUE TO THE DISCOUNTED
VALUE OF FUTURE PROFITS.
UNDER THESE CONDITIONS IT WOULD REQUIRE $62,500 REVENUE TO PAY JUST
THE ESTIMATED COST ($2,500) OF COMPLETING THE PMN FORMS AND $1,025,000
TO PAY THE MAXIMUM COST ($41,000) OF COMPLETING THE FORMS. CLEARLY,
ONLY THE EXTREMELY RARE 10,000 LB. PER YEAR OR SMALLER VENTURE COULD PAY
OFF EVEN THE MINIMUM COST OF COMPLETING THE FORM, LET ALONE PAY FOR
TOXICOLOGY OR OTHER DEVELOPMENT COSTS. ALSO, A. D. LITTLE ESTIMATES
THAT THE NUMBER OF NEW SUBSTANCES INTRODUCED WILL DROP FROM 700-1,300
PER YEAR OVER THE PAST FIVE YEARS TO 150-500 AFTER THIS NOTIFICATION
REQUIREMENT BEGINS. FURTHER, "50% OF CHEMICALS CURRENTLY BEING
INTRODUCED FOR COMMERCIAL SALES WILL NOT BE INTRODUCED IF TSCA
NOTIFICATION COSTS ARE $10,000 PER CHEMICAL." CLEARLY, THE FORMS MUST BE
SIMPLIFIED IF INNOVATION IS NOT TO BE IMPEDED. MCA WILL SUBMIT A
DETAILED PROPOSAL TO EPA TO ACHIEVE SUCH SIMPLIFICATION.
THERE ARE FACTORS OTHER THAN THE COSTS OF COMPLETING THE FORMS WHICH
WILL HAVE A DETRIMENTAL EFFECT ON INNOVATION. ONE FACTOR IS THE
INCREASED UNCERTAINTY AND COMPLEXITY DUE TO EPA'S PARTICIPATION IN, AND
THE THREAT TO BAN OR REGULATE THE PROCESS OF COMMERCIALIZATION.
STATEMENT OF THE MANUFACTURING CHEMISTS ASSOCIATION
790319
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT AND THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
PART 007 OF 8
COX G V VICE PRESIDENT TECHNICAL DIRECTOR
MANUFACTURING CHEMISTS ASSOCIATION 1825 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C. 20009
113087
HEARINGS
COMMENT PETITIONER
SENATE
TRANSCRIPT
ANY DELAY IN MANUFACTURE DUE TO "GOOD CAUSE" OR EPA'S PROPOSAL TO
DECLARE A PMN INVALID, WILL ADD TO THE COST AND COMPLEXITY OF
DEVELOPMENT AND THUS INHIBIT INNOVATION. AS INDICATED EARLIER, THE
PROPOSAL FOR MANDATORY CUSTOMER CONTACT WILL INTERFERE WITH INNOVATION
BECAUSE THE PERCEIVED NUISANCE AND COST OF COMPLETING ANOTHER FORM WILL
INCREASE THE POTENTIAL CUSTOMER'S (PROCESSOR'S OR USER'S) RELUCTANCE TO
EVALUATE ANY CHEMICAL HE FEELS MAY OFFER ONLY MARGINAL GAIN. STILL
ANOTHER FACTOR WHICH WILL INTERFERE UNJUSTIFIABLY WITH INNOVATION IN
EPA'S EARLIER MENTIONED PROPOSAL NOT TO HOLD CONFIDENTIAL THE IDENTITY
OF A CHEMICAL SUBSTANCE INCLUDED IN HEALTH AND SAFETY DATA, AFTER START
OF MANUFACTURE. UNLESS THE MANUFACTURER CAN ENJOY PORTECTION OF HIS
TRADE SECRETS TO PERMIT PROFITS TO PAY OFF HIS RISKY INVESTMENT IN
RESEARCH AND DEVELOPMENT, HE WILL BE RELUCTANT TO MAKE THAT INVESTMENT.
MCA IS CONCERNED ABOUT SEVERAL ASPECTS IN THE ADMINISTRATION'S
AUTHORIZATION REQUEST FOR EPA. FOR EXAMPLE, EPA'S OPERATIONS AND BUDGET
PLANNING HAVE GIVEN LITTLE ATTENTION TO THE REALISTIC COST-EFFECTIVE
PRACTICES OF THE CHEMICAL INDUSTRY AND THE STATE OF HAZARD-EVALUATION.
EXCEPT FOR THE A. D. LITTLE REPORT, EPA HAS UNDERTAKEN LITTLE STUDY
OF THE CURRENT TRENDS OF INNOVATION IN THE CHEMICAL INDUSTRY, OR
EVALUATION OF THE IMPACT OF TSCA ON INNOVATION. ALSO, ASSESSMENT MUST
BE MADE OF THE INCREASED NEEDS FOR CHEMICAL INNOVATION IN LIGHT OF THE
INCREASING NATIONAL NEEDS FOR ENERGY AND FEED-STOCKS, MAINTAINING A
BALANCE OF PAYMENTS IN INTERNATIONAL TRADE, AND INCREASING THE NATION'S
UPPLY OF PRODUCTIVE JOBS.
EPA SHOULD SHOW GREATER INTEREST IN DEVELOPING INFORMATION ON THE
NATION'S CAPACITY FOR ADDITIONAL TESTING AND EVALUATION. THIS CONFLICTS
WITH THE STATUTORY AND PRACTICAL NEED TO PROMULGATE TESTING RULES
CONSISTENT WITH THE AVAILABILITY OF BOTH PROFESSIONAL AND FACILITY
RESOURCES.
EPA'S BUDGET PLANNING FAILS TO RELATE TIS IMPLEMENTATION OF THE ACT
TO THE SIGNIFICANT AND ACCELERATED RATE OF VOLUNTARY TESTING BY
INDUSTRY, AND TO THE REGULATORY INITIATIVES CURRENTLY UNDER WAY UNDER
OTHER EPA AND OSHA LAWS. IN SHORT, THE BUDGET PLANNING FAILS TO
IDENTIFY THE GAPS THAT EPA IS TO FILL.
FINALLY, WE CALL ATTENTION TO THE HEAVY RELIANCE ON CONTRACTORS TO
CARRY OUT EPA'S PROGRAMS, - APPROXIMATELY 67 PERCENT OF THE ABATEMENT
AND CONTROL BUDGET IS SLATED FOR CONTRACTOR EFFORT. THIS RAISES SERIOUS
QUESTIONS ABOUT:
1) THE CAPABILITY OF EPA'S INEXPERIENCED STAFF TO MANAGE AND DIRECT
SUCH MAJOR CONTRACTED PROGRAMS AND CONTROL CONFIDENTIAL INFORMATION, AND
2) THE LACK OF DEFINITION FOR THESE MULTIMILLION DOLLAR PROGRAMS.
STATEMENT OF THE MANUFACTURING CHEMISTS ASSOCIATION
790319
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT AND THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT
PART 008 OF 8
COX G V VICE PRESIDENT TECHNICAL DIRECTOR
MANUFACTURING CHEMISTS ASSOCIATION 1825 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C. 20009
113088
HEARINGS
COMMENT PETITIONER
SENATE
TRANSCRIPT
CONTINUATION OF THIS LARGE CONTRACTED ACTIVITY COULD WELL LEAD NOT
ONLY TO BOTH DUPLICATION AND WASTE OF BUDGET DOLLARS, BUT ALSO TO
EXTENSIVE CONFUSION WITHIN BOTH THE PUBLIC AND INDUSTRY.
IN SUMMARY, WE SUGGEST FIVE BASIC THEMES FOR IMPLEMENTING
PREMANUFACTURE NOTIFICATION NEEDS. THESE FLOW FROM TSCA'S TEXT AND
LEGISLATIVE HISTORY, AND THE REALITIES OF THE AMERICAN CHEMICAL
INDUSTRY. WE SEEK TO WORK COOPERATIVELY WITH EPA TO DEVELOP REASONABLE
REGULATIONS WHICH WILL PROTECT HEALTH AND ENVIRONMENT WITHOUT SLOWING
TECHNOLOGICAL PROGRESS IN OURS AND MANY INDEPENDENT INDUSTRIES.
1. RECALL THAT CONGRESS CLEARLY CONSIDERED AND REJECTED INTENSIVE
PREMARKET CLEARANCE FOR ALL NEW CHEMICALS. INSTEAD, MANUFACTURERS WERE
ASKED TO REPORT A-L NEW CHEMICAL SUBSTANCES TO EPA BEFORE MANUFACTURE AS
A PREDICATE FOR POSSIBLE REGULATORY ACTION. EPA WAS NOT AUTHORIZED TO
"APPROVE" NEW CHEMICALS, NOR WERE MANUFACTURERS REQUIRED TO PROVE THEIR
SAFETY.
THE LINKAGES BETWEEN SECTION 5 AND OTHER SECTIONS REFLECT THIS
LIMITED ROLE. FOR EXAMPLE, SECTION 4 AUTHORIZES EPA TO TEST NEW OR
EXISTING SUBSTANCES WHICH MAY AFFECT ADVERSELY HEALTH OR THE
ENVIRONMENT. UNDER SECTION 6, EPA CAN LIMIT OR BAN MANUFACTURE OF A
CHEMICAL WITH AN "UNREASONABLE RISK". THIS PARTIAL LIST OF EPA'S POWERS
SHOWS THAT SECTION 5 WAS NOT TO BE THE ONLY CONTROL OF NEW CHEMICALS.
RATHER, THIS SECTION JOINS OTHER AUTHORITIES WHEN NEEDED.
2. THIS NARROW PMN FUNCTION LIMITS IT TO BASIC INFORMATION WHICH THE
MANUFACTURER CAN READILY COLLECT AND REPORT. SECTIONS 5(D)(1) AND
8(A)(2) SPECIFY ALL THE INFORMATION EPA CAN REQUIRE IN A PMN. THESE
SECTIONS ARE NOT ILLUSTRATIVE OR PARTIAL. IT WOULD NOT HAVE MADE SENSE
FOR THE ACT TO DESCRIBE PMN CONTENTS IN DETAIL IF EPA WERE EXPECTED TO
PRESCRIBE ADDITIONAL REQUIREEMNTS.
THE LEGISLATIVE HISTORY SHOWS THAT EPA EXPRESSLY ASSURED CONGRESS
THAT PMN'S WOULD ENTAIL MINIMAL BURDENS. IN FACT, EPA PREPARED FOR
CONGRESS A DRAFT PMN FORM WHICH MIRRORED THE STATUTORY REQUIREMENTS.
3. HOW MUCH TIME AND EFFORT SHOULD THE SUBMITTER INVEST IN A PMN? A
PMN SHOULD INCLUDE ONLY THE INFORMATION DEFINED IN SECTION D(A)(2) WHICH
IS "KNOWN" TO OR "REASONABLY ASCERTAINABLE" BY THE SUBMITTER. HE MUST
REPORT ONLY THOSE TEST DATA IN HIS "POSESSION OR CONTROL". HE IS NOT
OBLIGATED TO CREATE NEW INFORMATION OR TO REPORT INFORMATION NOT
AVAILABLE IN THE NORMAL COURSE OF HIS BUSINESS.
4. EPA'S STATED OBLIGATION TO MINIMIZE ADVERSE ECONOMIC IMPACTS,
ESPECIALLY ON INNOVATION, IMPOSES A LEGAL DUTY ON EPA TO ADOPT
REGULATIONS WITH THE LEAST SUCH IMPACTS, CONSISTENT WITH TSCA'S OTHER
AIMS. EPA'S ACTIONS MUST REFLECT THIS OBLIGATION UNLESS INDUSTRY'S
PROPOSALS ARE FOUND INADEQUATE TO ACHIEVE ALL THESE GOALS.
5. EPA'S PROPOSALS SHOULD RECOGNIZE THE WILLINESS OF MANUFACTURERS
TO EVALUATE NEW CHEMICAL SUBSTANCES BEFORE COMMERCIALIZATION AND TO
PROVIDE ADEQUATE INFORMATION FOR ASSESSING THEIR SAFETY. SELF
PROTECTION AND A SENSE OF RESPONSIBILITY WILL NORMALLY PROMPT
MANUFACTURERS TO REPORT DETAILED SAFETY DATA TO ALLAY EPA'S CONCERNS.
MCA'S MEMBER COMPANIES ROUTINELY TEST NEW AND OLD CHEMICALS TO
IDENTIFY UNREASONABLE RISKS, IF ANY, TO HEALTH AND ENVIRONMENT. THE
VERY EXISTENCE OF SECTION 5 MAKES TESTING MORE RIGOROUS TO AVOID DELAYS
IN MARKETING.
WE APPRECIATE THIS OPPORTUNITY TO PRESENT MCA'S CONCERNS ABOUT THE
PROPOSED PMN REGULATIONS. THESE WERE PRESENTED ORALLY TO EPA AND WILL
BE SUBMITTED IN DETAIL IN WRITING. WE HOPE OUR CONCERNS WILL BE
REFLECTED IN EPA'S FINAL REGULATIONS, WHICH WE BELIEVE CAN AND SHOULD BE
WORKABLE, COST-EFFECTIVE, AND ACHIEVE THE ESSENTIAL PURPOSES OF THE
TOXIC SUBSTANCES CONTROL ACT. THE PROSPECTS OF A 50 PERCENT OR MORE
REDUCTION IN THE NUMBER OF NEW SUBSTANCES MADE AVAILABLE BY INDUSTRY,
THE ACCOMPANYING LOSS OF JOBS, AND SUBSEQUENT NEGATIVE ECONOMIC IMPACTS
ON THE CHEMICAL INDUSTRY, ON THE BALANCE OF PAYMENTS, AND ON SOCIETY AT
LARGE, SHOULD CONCERN EVERYONE.
BILL TO EXTEND CERTAIN PROVISIONS OF TITLE FOURTEEN OF THE PUBLIC SERVICE ACT FOR TWO YEARS (SAFE DRINKING WATER ACT)
BILL TO AMEND AND EXTEND A PROVISION OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED
BILL TO EXTEND TITLE ONE OF THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, AS AMENDED FOR TWO YEARS
REAUTHORIZATION OF THE TOXIC SUBSTANCES CONTROL ACT, SAFE DRINKING
WATER ACT, AND THE MARINE PROTECTION, RESEARCH AND SANCTUARIES ACT.
COSTLE D M ADMINISTRATOR
US EPA WASHINGTON, DC 20460
113089
BILL
CORRESPONDENCE
HEARING
SENATE
TRANSCRIPT
HONORABLE WALTER F. MONDALE PRESIDENT OF THE SENATE WASHINGTON, D.C.
20510
ENCLOSED IS OUR PORPOSED BILL "TO EXTEND CERTAIN PROVISIONS OF TITLE
XIV OF THE PUBLIC HEALTH SERVICE ACT FOR TWO YEARS." TITLE XIV OF THE
PUBLIC HEALTH SERVICE ACT IS THE "SAFE DRINKING WATER ACT" AND IS
ADMINISTERED BY THE ENVIRONMENTAL PROTECTION AGENCY.
THE BILL EXTENDS OUR AUTHORITIES UNDER SECTIONS 1441(F), 1442(E),
1443(A)(7), AND 1443(B)(5) OF THE ACT THROUGH FISCAL YEAR 1981. THESE
AUTHORITIES EXPIRE ON SEPTEMBER 30, 1979.
THIS EXTENSION WILL ENABLE US TO CONTINUE THE PROGRAMS ENVISIONED BY
THE ACT. WE HAVE REQUESTED EXTENSION OF OUR SECTION 1442 RESEARCH AND
DEVELOPMENT APPROPRIATION AUTHORITIES IN ANOTHER DRAFT BILL, "THE
ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND DEMONSTRATION AUTHORIZATION ACT
OF 1980." THE ENCLOSED DRAFT BILL PROVIDES APPROPRIATION AUTHORIZATION
FOR OUR NON-RESEARCH ACTIVITIES, INCLUDING TRAINING AND TECHNICAL
ASSISTANCE, THE ESTABLISHMNET AND REVISION OF PRIMARY AND SECONDARY
DRINKING WATER REGULATIONS, STATE PUBLIC WATER SYSTEM SUPERVISION
GRANTS, PROMULGATION OF REGULATIONS AND ISSUANCE OF STATE GRANTS TO
PROTECT UNDERGROUND DRINKING WATER SOURCES, AND ASSUMPTION BY THE
ENVIRONMNETAL PROTECTION AGENCY OF PRIMARY ENFORCEMENT RESPONSIBILITIES
IN THOSE STATES WHICH HAVE OPTED FOR FEDERAL ENFORCEMENT OF DRINKING
WATER PROGRAMS. THE BILL ALSO EXTENDS THE AUTHORITY OF THE FEDERAL
GOVERNMENT TO ASSURE THAT ADEQUATE SUPPLIES OF CHEMICALS USED IN
DRINKING WATER TREATMENT ARE MADE AVAILABLE. WE RECOMMEND THAT THIS
BILL BE REFERRED TO THE APPROPRIATE COMMITTEE FOR CONSIDERATION AND THAT
IT BE ENACTED.
OUR REQUEST FOR APPROPRIATION AUTHORIZATIONS FOR FISCAL YEAR 1980
ACTIVITIES FOR SECTION 1442(E) IS $21,405,000, FOR SECTION 1443(A)(7),
$29,450,000, AND FOR SECTION 1443(B)(5), $7,795,000. THESE ARE THE
AMOUNTS REQUESTED IN THE PRESIDENT'S 1980 BUDGET FOR THESE ACTIVITIES.
THE OFFICE OF MANAGEMENT AND BUDGET ADVISES THAT ENACTMENT OF THIS
LEGISLATIVE PROPOSAL WOULD BE IN ACCORD WITH THE PROGRAM FO THE
PRESIDENT.
TO EXTEND CERTAIN PROVISIONS OF TITLE XIV OF THE PUBLIC HEALTH
SERVICE ACT FOR TWO YEARS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT
SECTION 1. SECTION 1442(E) OF TITLE XIV OF THE PUBLIC HEALTH SERVICE
ACT (42 U.S.C. 300J-1(E)) IS AMENDED: BY STRIKING "AND" IMMEDIATELY
AFTER "1977;" IN THE FIRST SENTENCE THEREOF; BY INSERTING IMMEDIATELY
BEFORE THE PERIOD AT THE END OF THE FIRST SENTENCE THEREOF THE
FOLLOWING: "; $21,405,000 FOR FISCAL YEAR 1980; AND SUCH SUMS AS MAY
BE NECESSARY FOR FISCAL YEAR 1981."
SEC. 2. SECTION 1443 OF TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT
IS AMENDED:
(A) BY STRIKING "AND" IMMEDIATELY FOLLOWING "1978," IN PARAGRAPH
(A)(7) (42 U.S.C. 300J-2(A)(7)), AND BY INSERTING IMMEDIATELY BEFORE THE
PERIOD AT THE END THEREOF: ", $29,450,000 FOR FISCAL YEAR 1980, AND
SUCH SUMS AS MAY BE NECESSARY FOR THE FISCAL YEAR 1981".
(B) BY STRIKING "AND" IMMEDIATELY BEFORE $10,000,000" IN PARAGRAPH
(B)(5) (42 U.S.C. 300J-2(B)(5)), AND BY INSERTING IMMEDIATELY BEFORE THE
PERIOD AT THE END THEREOF: ", $7,795,000 FOR FISCAL YEAR 1980, SUCH
SUMS AS MAY BE NECESSARY FOR FISCAL YEAR 1981".
SEC. 3. SECTION 1441(F) OF TITLE XIV OF THE PUBLIC HEALTH SERVICE
ACT (42 U.S.C. 300J) IS AMENDED BY STRIKING OUT "SEPTEMBER 30, 1979" AND
INSERTING IN LIEU THEREOF "SEPTEMBER 30, 1981".
HONORABLE WALTER F. MONDALE PRESIDENT OF THE SENATE WASHINGTON, D.C.
20510
ENCLOSED IS OUR PORPOSED BILL "TO AMEND AND EXTEND A PROVISION OF THE
FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED."
THE BILL WOULD EXTEND FROM TWO YEARS TO THREE YEARS THE AMOUNT OF
TIME DURING WHICH FUNDS ALLOCATED TO A STATE UNDER THE MUNICIPAL WASTE
TREATMENT CONSTRUCTION GRANT PROGRAM WOULD REMAIN AVAILABLE FOR
OBLIGATION UNDER SECTION 205(D) OF THE ACT.
WE FELL, FOR A VARIETY OF REASONS, THAT THE EXTENSION OF TIME
AVAILABLE FOR OBLIGATION OF A STATE'S FUNDS IS NECESSARY IN ORDER TO
LESSEN THE RISK THAT LESS THAN OPTIMAL PROJECTS WILL BE UNDERTAKEN.
FIRST, MAJOR NEW THRUSTS IN THE CONSTRUCTION GRANT PROGRAM INITIATED BY
THE 1977 AMENDMENTS WILL CREATE A NATURAL SLOWDOWN, AS STATE AND LOCAL
OFFICIALS ATTEMPT TO IMPLEMENT THE CHANGES.
FURTHERMORE, THE CURRENT AVAILABILITY OF FUNDS FOR
INNOVATIVE/ALTERNATIVE TECHNOLOGY MAY INDUCE STATES AND LOCALITIES TO
REVIEW SOME PROJECTS CURRENTLY IN STEPS II AND III AGAIN, AS IF THEY
WERE STEP I (PLANNING STAGE) PROJECTS. SINCE THE MAJORITY OF DOLLARS
OBLIGATED ARE GENERATED BY STEP III PROJECTS, ANY SUCH REEVALUATION WILL
TEND TO SLOW THE RATE OF OBLIGATION.
IN ADDITION, EPA REGIONAL AND STATE STAFFS WILL BE DEVOTING A
SIGNIFICANT PORTION OF THEIR MANAGEMENT RESOURCES TO NEGOTIATING AND
IMPLEMENTING DELEGATIONS OF ADMINISTRATIVE RESPONSIBILITY TO THE STATES
UNDER SECTION 205(G) OF THE ACT (THE "CLEVELAND-WRIGHT AMENDMENT").
IN SHORT, THE UNCERTAINTIES ABOUT WORKLOAD LEVELS GENERATED BY
CHANGES IN THE PROGRAM CREATE A PROBLEM WHICH COULD BE ALLEVIATED BY THE
PROPOSED EXTENSION. IT WOULD PROVIDE US WITH MANAGEMENT FLEXIBILITY
DURING THE TRANSITIONAL PERIOD AND HELP US BUILD TREATMENT FACILITIES AS
RAPIDLY AS POSSIBLE, WHILE AVOIDING THE FUNDING OF LOW PRIORITY
PROJECTS, THROUGH FEAR OF LOSS OF FUNDS.
IN ADDITION TO THE PRECEDING PROPOSED CHANGE IN SECTION 205 OF THE
ACT, WE EXPECT TO FORWARD TO YOU LATER IN THE SESSION A PROPOSAL FOR
PROVIDING MORE CONSISTENT AVAILABILITY OF FUNDS FOR STATE MANAGEMENT
PROGRAMS UNDER SECTION 205(G). SUCH ENHANCED STABILITY OF FUNDING WOULD
GREATLY FACILITATE THE SUCCESSFUL IMPLEMENTATION OF THE SECTION.
WE RECOMMEND THAT THE PROPOSED BILL BE REFERRED TO THE APPROPRIATE
COMMITTEE FOR CONSIDERATION AND THAT IT BE ENACTED.
THE OFFICE OF MANAGEMENT AND BUDGET ADVISES THE ENACTMENT PROGRAM OF
THE PRESIDENT
TO AMEND AND EXTEND A PROVISION OF THE FEDERAL WATER POLLUTION
CONTROL ACT, AS AMENDED.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT
SECTION 205(D) OF THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED
(33 U.S.C. 1285(D)), IS AMENDED:
(1) BY INSERTING IMMEDIATELY BEFORE THE PERIOD AT THE END FO THE
FIRST SENTENCE THEREOF THE FOLLOWING: "EXCEPT THAT SUMS ALLOTED TO THE
STATES FOR FISCAL YEAR 1978 AND SUBSEQUENT FISCAL YEARS SHALL REMAIN
AVAILABLE FOR OBLIGATION FOR THE FISCAL YEAR AUTHORIZED AND FOR THE
PERIOD OF THE NEXT SUCCEEDING TWENTY-FOURT MONTHS"; AND
(2) BY STRIKING "TWENTY-FOUR-MONTH" IMMEDIATELY BEFORE "PERIOD" IN
THE SECOND SENTENCE THEREOF.
HONORABLE WALTER F. MONDALE PRESIDENT OF THE SENATE WASHINGTON, D.C.
20510
ENCLOSED IS OUR PORPOSED BILL "TO EXTEND TITLE I OF THE MARINE
PROTECTION, RESEARCH, AND SANCTUARIES ACT, AS AMENDED, FRO TWO YEARS."
THE BILL EXTENDS OUR AUTHORITIES UNDER SECTION 111 OF THE ACT THROUGH
FISCAL YEAR 1981. THESE AUTHORITIES EXPIRED ON SEPTEMBER 30, 1978.
THIS EXTENSION WILL ENABLE US TO CONTINUE THE PROGRAMS ENVISIONED BY
THE ACT. THESE PROGRAMS INCLUDE IDENTIFICATION AND DESIGNATION OF
SUITABLE OCEAN DUMPING SITES, ISSUANCE OF PERMITS FOR OCEAN DUMPING, AND
ESTABLISHMENT OF PLANS TO PHASE OUT THE DUMPING OF SEWAGE SLUDGE IN
OCEAN WATERS. WE RECOMMEND THAT THIS BILL BE REFERRED TO THE
APPROPRIATE COMMITTEE FOR CONSIDERATION ADN THAT IT BE ENACTED.
OUR REQUEST FOR APPROPRIATION AUTHORIZATIONS FOR FISCAL YEAR 1980
ACTIVITIES UNDER TITLE I OF THE MARINE PROTECTION, RESEARCH, AND
SANCTUARIES ACT IS $1,232,000. THIS IS THE AMOUNT REQUESTED IN THE
PRESIDENT'S 1980 BUDGET.
THE OFFICE OF MANAGEMENT AND BUDGET ADVISES THAT ENACTMENT OF THIS
LEGISLATIVE PROPOSAL WOULD BE IN ACCORD WITH THE PROGRAM FO THE
PRESIDENT.
TO EXTEND TITLE I OF THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES
ACT, AS AMENDED, FOR TWO YEARS.
BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE
UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, THAT
SECTION 111 OF THE MARIEN PROTECTION, RESEARCH, AND SANCTUARIES ACT,
AS AMENDED (33 U.S.C. 1420), IS AMENDED BY STRIKING "AND" FOLLOWING
"1977," AND INSERTING "NOT TO EXCEED $1,232,000 FOR FISCAL YEAR 1980,
AND SUCH SUMS AS MAY BE NECESSARY FOR FISCAL YEAR 1981," IMMEDIATELY
AFTER "1978,".
OVERSIGHT -- RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HOUSE OF REPRESENTATIVES NINETY-FIFTH CONGRESS FIRST SESSION ON THE IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 SERIAL NO. 95-38
770426 770518 770519
STAGGERS H O CHAIRMAN
95TH CONGRESS, FIRST SESSION
HOUSE OF REPRESENTATIVES COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE
113094
HOUSE
HEARINGS
TRANSCRIPT
TITLE PAGE OMITTED.
HARLEY O. STAGGERS, WEST VIRGINIA, CHAIRMAN
JOHN E. MOSS, CALIFORNIA
JOHN D. DINGELL, MICHIGAN
PAUL G. ROGERS, FLORIDA
LIONEL VAN DEERLIN, CALIFORNIA
FRED B. ROONEY, PENNSYLVANIA
JOHN M. MURPHY, NEW YORK
DAVID E. SATTERFIELD III, VIRGINIA
BOB ECKHART, TEXAS
RICHARDSON PREYER, NORTH CAROLINA
CHARLES J. CARNEY, OHIO
RALPH H. METCALFE, ILLINOIS
JAMES H. SCHEUER, NEW YORK
RICHARD L. OTTINGER, NEW YORK
HENRY A. WAXMAN, CALIFORNIA
ROBERT (BOB) KRUEGER, TEXAS
TIMOTHY E. WIRTH, COLORADO
PHILIP R. SHARP, INDIANA
JAMES J. FLORIO, NEW JERSEY
ANTHONY TOBY MOFFETT, CONNECTICUT
JIM SANTINI, NEVADA
ANDREW MAGUIRE, NEW JERSEY
MARTY RUSSO, ILLINOIS
EDWARD J. MARKEY, MASSACHUSETTS
THOMAS A. LUKEN, OHIO
DOUG WALGREN, PENNSYLVANIA
BOB GAMMAGE, TEXAS
ALBERT GORE, JR., TENNESSEE
BARBARA . MIKULSKI, MARYLAND
SAMUEL L. DEVINE, OHIO
JAMES T. BROYHILL, NORTH CAROLINA
TIM LEE CARTER, KENTUCKY
CLARENCE J. BROWN, OHIO
JOE SKUBITZ, KANSAS
JAMES M. COLLINS, TEXAS
LOUIS FREY, JR., FLORIDA
NORMAN F. LENT, NEW YORK
EDWARD R. MADIGAN, ILLINOIS
CARLOS R. MOORHEAD, CALIFORNIA
MATTHEW J. RINALDO, NEW JERSEY
W. HENSON MOORE, LOUISIANA
DA STOCKMAN, MICHIGAN
MARC L. MARKS, PENNSYLVANIA
W.E. WILLIAMSON, CHIEF CLERK AND STAFF DIRECTOR
KENNTH J. PAINTER, FIRST ASSISTANT CLERK
ELEANOR A. DINKINS, ASSISTANT CLERK
FRANK W. MAHON, PRINTING EDITOR
LEE S. HYDE
ELIZABETH HARRISON
JEFFREY H. SCHWARTZ
BRIAN R. MOIR
KAREN NELSON
. PAUL MOLLOY, ASSOCIATE MINORITY COUNSEL
ROSS DAVID AIN
CHRISTOPHER E. DUNNE
WILLIAM M. KETZMILLER
MARK J. RAABE
THOMAS M. RYAN
RALPH H. METCALFE, ILLINOIS
BARBARA A. MIKULSKI, MARYLAND
JAMES J. FLORIO, NEW JERSEY
JIM SANTINI, NEVADA
MARTY RUSSO, ILLINOIS
BOB GAMMAGE, TEXAS
JOHN M. MURPHY, NEW YORK
HARLEY O. STAGGERS, WEST VIRGINIA (EX OFFICTO)
JOE SKUBITZ, KANSAS
EDWARD R. MADIGAN, ILLINOIS
NORMAN F. LENT, NEW YORK
SAMUEL L. DEVINE, OHIO (EX OFFICTO)
WILLIAM T. DREHAN, STAFF DIRECTOR
WILLIAM I. KOVACS, CHIEF COUNSEL
TABLE OF CONTENTS OMMITED
TUESDAY, APRIL 26, 1977
HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON TRANSPORTATION AND
COMMERCE, COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, WASHINGTON, D.C.
THE SUBCOMMITTEE MET, PURSUANT TO NOTICE, AT 2:30 A.M., IN ROOM 2322,
RAYBURN HOUSE OFFICE BUILDING, HON. FRED B. ROONEY, CHAIRMAN,
PRESIDING.
MR. ROONEY. TODAY ISTHE FIRST DAY OF OVERSIGHT HEARINGS ON THE
IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976. I
AM HOLDING THESE HEARINGS PRIOR TO PROMULGATION OF THE AGENCY REGULATION
FOR TWO REASONS:
FIRST, TO BE SURE THAT THE AGENCIES INVOLVED ARE DEVOTING SUFFICIENT
MANPOWER TO THEIR RESPONSIBILITIES TO MEET THE DEADLINES SET BY THE ACT.
SECOND, TO INSURE THAT THE AGENCIES IMPLEMENT THE INTENT OF CONGRESS.
IN RECENT WEEKS, DISTURBING INFORMATION HAS BEEN BROUGHT TO MY
ATTENTION WITH REGARD TO EPA'S IMPLEMENTATION OF THE ACT. IT IS THAT AT
THE HIGHEST MANAGEMENT LEVELS OF EPA THERE IS A LACK, IN MY OPINION, OF
CONCERN FOR THE SOLID WASTE ACT AND THAT ALL THE ATTENTIONIS BEING
FOCUSED UPON AIR AND WATER PROBLEMS.
I DO NOT MEAN TODAY TO SAY THAT THE AIR AND WATER PROBLEMS ARE NOT
IMPORTANT, BECAUSE THEY CERTAINLY ARE. HOWEVER, THE REASON CONGRESS
PASSED THE RESOURCE CONSERVATION AND RECOVERY ACT WAS BECAUSE THERE WAS
A PART MISSING IN OUR FEDERAL POLLUTION ABATEMENT STATUTES. THEMISSING
PART WAS THAT THERE WAS NO REGULATION OF LAND POLLUTION. POLLUTANTS
WERE BEING TAKEN OUT OF THE AIR AND WATER AND DISPOSED OF ON THE LAND
ONLY TO FIND DUMPS PRODUCING AIR AND WATER POLLUTION. UNTIL THE
POLLUTION ABATEMENT CYCLE IS COMPLETE, FEDERAL FUNDS WERE BEING USED IN
A VERY COST INEFFECTIVE MANNER BY EPA.
I NOTICE THAT MR. COSTLE IS NOT HERE TODAY. I HAVE DECIDED THAT HIS
APPEARANCE IS ESSENTIAL BEFORE THIS COMMITTEE I INTENT TO REINVITE MR.
COSTLE AT A FUTURE HEARING TO APPEAR BEFORE THIS COMMITTEE TO ANSWER ALL
OF THE POLICY QUESTIONS THAT REMAIN AFTER THIS CURRENT SET OF HEARINGS.
IT IS MY INTENTION TO KEEP A CLOSE WATCH ON EPA TO INSURE THAT THE
SOLID WASTE ACT IS NOT AS POORLY IMPLEMENTED BY THE EPA AS OTHER ACTS
THAT I HAVE JURISDICTION OVER.
BESIDES OVERSIGHT TO INSURE IMPLEMENTATION, IF NECESSARY, I SHALL
REQUEST A GAO COMTINUING AUDIT OF THE SOLID WASTE PROGRAM AND I AM
WILLING, AS I HAVE DONE IN THE PAST, TO SEEK INJUNCTIVE RELIEF AGAINST
ANY AGENCY IN THIS GOVERNMENT THAT DOES NOT IMPLEMENT THE CONGRESSIONAL
INTENT.
OUR FIRST WITNESS TODAY IS MR. EDWARD F. TUERK, ACTING ASSISTANT
ADMINISTRATOR FOR AIR AND WASTE MANAGEMENT OF EPA. WE WELCOME YOU TO
THE COMMITTEE.
STATEMENT OF TUERK E F ACCOMPANIED BY LEHMAN J P
OVERSIGHT - RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
770426
PART 001 OF 8
TUERK E F ACTING ASSISTANT ADMINISTRATOR FOR AIR AND WASTE MANAGEMENT
LEHMAN J P DIRECTOR OF HAZARDOUS WASTE MANAGEMENT DIVISION, SOLID
WASTE MANAGEMENT PROGRAM
US EPA WASHINGTON, DC
113097
TRANSCRIPT
HEARINGS
HOUSE
ATTACHMENT TO 08113094 PARENT DOCUMENT
MR. TUERK. MR. CHAIRMAN, I HAVE AN OPENING STATEMENT THAT MR. COSTLE
WOULD HAVE GIVEN HAD HE BEEN HERE. I ALSO HAVE A SUMMARY OF THAT
STATEMENT AND I WOULD LIKE YOUR PERMISSION TO READ THE FULL STATEMENT
INTO THE RECORD.
MR. ROONEY. I HAVE THAT STATEMENT. I MIGHT SAY THAT THE COMMITTEE
WOULD APPRECIATE HEREAFTER RECIEVING 50 COPIES OF THIS STATEMENT 3 DAYS
IN ADVANCE OF THE HEARINGS. IT WOULD CERTAINLY HELP THE CHAIRMAN AND
HELP BENEFIT THE MEMBERS OF THE COMMITTEE. TO RECEIVE A STATEMENT OF
MAJORMPORTANCE LIKE THIS ON THE MORNING THAT YOU ARE TO DELIVER IT IS
VERY DISTURBING TO THE CHAIR.
MR. TUERK. WE WILL OFFER YOU OUR APOLOGIES.
MR. ROONEY. YOU MAY PROCEED.
MR. TUERK. I AM EDWARD F. TUERK, ACTING ASSISTANT ADMINISTRATOR FOR
AIR AND WASTE MANAGEMENT, PRESENTING THIS STATEMENT ON BEHALF OF THE
ADMINISTRATOR OF EPA, MR. COSTLE.
I THANK YOU FOR THE INVITATION TO APPEAR BEFORE THE SUBCOMMITTEE TO
REVIEW EPA'S PROGRESS IN IMPLEMENTING THE RESOURCE CONSERVATION AND
RECOVERY ACT OF 1976 (PUBLIC LAW 94-580,RCRA). I AM PARTICULARLY
PLEASED TO HAVE THIS OPPORTUNITY TO DISCUSS SOLID WASTE MANAGEMENT
ISSUES WITH YOU, FOR I VIEW THE RESOLUTION OF THESE ISSUES TO BE A VITAL
LINK IN THE ENVIRONMENTAL PROTECTION CHAIN.
THE PROVISIONS OF RCRA OFFER THE NATION THE OPPORTUNITY TO DEAL WITH
THE PROBLEMS OFSOLID WASTE MANAGEMENT THROUGH A PARTNERSHIP OF THE
FEDERAL GOVERNMENT, STATE ANDLOCAL GOVERNMENT, INDUSTRY, AND THE
AMERICAN PUBLIC. THE ACT RECOGNIZES THAT PREVIOUS ENVIRONMENTAL LAWS
HAVE MADE IMPACTS ON THE ENVIRONMENT AND IT IS BECAUSE OF THESE IMPACTS
THAT RCRA REDEFINES SOLID WASTE IN SUCH A WAY AS TO ENSURE THAT ALL
WASTES WHICH ARE NOT PROPERLY MANAGED UNDER OTHER ENVIRONMENTAL LAWS
WILL BE MANAGED UNDER THE AUTHORITIES OF RCRA. RCRA RECOGNIZES THAT
SOLID WASTE CAN REPRESENT A RESOURCE OUT OF PLACE, AND IT ESTABLISHES A
LONG-RANGE PROGRAM TO BRING ABOUT THE CHANGES NECESSARY TO UTILIZE
RATHER THAN WASTE THIS RESOURCE. THE OBJECTIVES OF RCRA ARE THE
PROTECTION OF HEALTH AND THE ENVIRONMENT AND THE CONSERVATION OF
VALUABLE MATERIALS AND ENERGY RESOURCES. THESE OBJECTIVES ARETO BE MET
THROUGH A THREE-PRONGED ATTACK -- HAZARDOUS WASTE CONTROL, ACCEPTABLE
LAND DISPOSAL, AND RESOURCE CONSERVATION -- FOCUSED THROUGH THE
INSTITUTIONS OF STATE AND LOCA