CO NNNN SS uuuttaflmiflifiigfljrufijiflii Ii1§uiji:':‘I'I’1iI‘aIu¢:II: RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ISSUE BRIEF NUMBER IB79113 AUTHOR: Reisch, Mark Environment and Natural Resources Policy Division THE LIBRARY OF CONGRESS CONGRESSIONAL RESEARCH SERVICE MAJOR ISSUES SYSTEM DATE ORIGINATED DATE UPDATED FOR ADDITIONAL INFORMATION CALL 287-5700 1029 CRS- 1 IB79113 UPDATE-10/29/80 l§§.'~1§-21_3’1"..I.ElIl9.! The Resource Conservation and Recovery Act of 1976 (RCRA), which amended the Solid waste Disposal Act of 1965, substantially increases the Federal role in solid waste management. Host of this responsibility is assigned to the Environmental Protection Agency (EPA). RCRA provides for: regulation of hazardous wastes; elimination of dumps; state and regional solid waste management planning: increased assistance to State and local governments; and encouragement of resource conservation and recovery approaches. The research and demonstration authorities in the original law are expanded; Implementation of RCRA has been proceeding but not without delays. The solid waste Disposal Act of -1965 (P.L. 89-272) authorized the Secretary of Health, Education, and welfare (HEW) to conduct research, demonstrations, and training and to share with State and interstate agencies the cost of surveying waste disposal practices and developing plans for waste disposal. when HEW's Bureau of Solid Waste-nanagement conducted the National Survey of Community Solid Waste Practices in 1968, it was the first attempt to put together uniform solid waste management statistics on a. national a scale. The Resource Recovery Act of 1970 (P.L. 91-512), which amended the Solid Waste Disposal Act, changed the emphasis from solid waste disposal to energy and materials recovery. The 1970 amendments authorized demonstration grants for resource recovery technology, required annual reports on the progress of resource conservation and recovery efforts, and provided for a study on a possible system of national disposal sites for hazardous wastes. The 1970 Act also created a temporary Nationalv Commission on Materials Policy. Although the amended Solid waste Disposal Act remained essentially nonregulatory, it did provide for the issuance of recommended guidelines on solid waste recovery, collection, separation, and disposal. These guidelines were binding on executive agencies. In 1970, President Nixon's reorganization plan transferred the responsibilities under the amended Solid Waste Disposal Act to the newly created Environmental Protection Agency. The Resource Conservation and Recovery Act of 1976 made major revisions to the Solid Waste Disposal Act. RCRA established a Federal regulatory role in solid waste management by creating a permit program for hazardous wastes and prohibiting open dumps. The trend toward a broadening of the Federal role in solid waste management is based primarily on: the need to prevent environmental deterioration (for example, leachate from land disposal sites contaminating water supplies), and the desire to increase recovery of energy and materials from waste. Recent environmental disasters, caused by the improper disposal hazardous wastes, and perceived slowness in implementing resource recovery projects have led to a number of bills being introduced to amend the Resource Conservation and Recovery Act. THE 1976 LAW cns- 2 1379113 upnarn-1o/29/so flazarien§-Ea§:s.§ene92neaL The provisions for a combination of Federal and State regulation of hazardous wastes (subtitle C) are among the strongest in the Act. Seven distinct sets of regulations or guidelines have been or are being developed to manage the hazardous waste stream from point of generation to ultimate disposal. They are: standards for identification of hazardous wastes; standards applicable to generators; standards for owners and operators of treatment, storage, and disposal facilities; standards for transporters;- permits for treatment, storage, and disposal; guidelines for authorized State programs: and preliminary notification of hazardous waste activities. These guidelines and regulations will be used as the basis for planning sand implementing hazardous waste management practices at the State, regional, and local levels. RCRA provides the mechanism for management of current hazardous waste disposal activities. However, it does not address the problem of dealing with past mistakes -- i.e., cleaning up abandoned waste dumps that threaten human health and the environment, and compensating the victims of this typev of pollution. A recognition of the need to deal with this problem has resulted in congressional interest in expanding RCRA's hazardous waste authority and in establishing some kind of emergency and compensatory fund. (See Issue Brief 79088, Hazardous Waste Hanagement. Lnnineni.§azarQ§ The imminent hazard provision of RCBA, Section 7003, permits the Administrator of EPA to halt waste management activities that “are presenting an imminent and substantial endangerment to health and the environment-" Both Houses of Congress have passed bills for RCBA's reauthorization which would strengthen this section of the Act. L2s2ll-B2g;2nal;-ené_§:e:e.Bl2nnin9 Improved solid waste management requires efforts at the local, regional, State, and Federal levels. RCRA uses the mechanism of State and regional plans to ensure that solid waste management concerns are considered from regional and State perspectives. The law requires EPA to develop guidelines to identify regional areas with common solid waste management concerns m(subtitle D). State governors designate the boundaries of solid waste management units, and State and local officials then identify agencies for developing and implementing the regional plans. when a State's plan is approved by EPA the. State becomes eligible for Federal grants. At a minimum, State plans must: 0 prohibit the establishment of new dumps and provide for the elimination of existing ones; 0 provide for the disposal of non-hazardous wastes in an environmenta- 1 safe manner; and 0 identify State, local, and regional responsibilities in carrying out the plan. General solid waste management is the function of the above-described CBS- 3 IB79113 UPDATE-10/29/80 planning process; State hazardous waste management planning and enforcement 3 a separate program. States can, for example, take on the general waste uanagement functions without taking on hazardous management. The management of each of these programs is handled by different branches within EPA. Eliminerien of 09eu.22m2§ A major goal of RCRA is to upgrade municipal waste disposal practices. To help implement this goal,y RCRA requires that EPA publish criteria for distinguishing between dumps and sanitary landfills. The final regulations were published in the Federal Register on Sept. 13, 1979, and became effective Oct. 15, 1979. The law provides a basic explanation of the difference: "a facility may be classified as a sanitary landfill and not an open dump only if there is no reasonable probability of adverse effects on health or the environment from the disposal of solid waste at such facility." one year after publication of the final criteria, EPA, with the help of the Bureau of Census, must publish a list of all open dumps in the United States. Five years after this list is made public, all disposal sites defined as dumps must be closed or upgraded. In addition to the criteria EPA was required to issue guidelines by October 1977 that described the level of performance possible using various ‘ solid waste management practices: (the date scheduled now for final promulgation is early 1980). Nationwide, there are thousands of waste disposal sites. EPA is enlisting Lfle states to help with the inventory required by RCRA. State plans will provide the mechanism for implementing the closing of all dumps. Eeeeuree.§2n-erze§i2n.2nd-§e-2zerz RCRA's approach to resource recovery and conservation is (1) to financially assist the States, regions, and municipalities within the framework of the planning mechanism; (2) to advance technology and overcome institutional and other barriers through research, development and demonstrations; and.(3) to stimulate the market for recovered materials through such means as standard setting and Federal procurement. Procurement guidelines that encourage the use of recovered materials are required by the Act, but the law does not have a specific deadline for these guidelines. EPA is expected to publish them in stages in 1979 and 1980. Perhaps the most important provisions in RCBA for resource recovery are the more stringent land disposal requirements. As the cost of the more traditional land disposal option increases, resource recovery approaches will be more attractive economically. In the area of resource recovery and conservation, RCRA specifically provides for: = * special studies of resource conservation issues -- the Resource Conservation Committee, which was chaired by the Administrator of EPA and included various cabinet members, was given the task of studying the "economic, social, and environmental" consequences of various resource conservation measures. It submitted its final report and recommendations CRS- H IB79113 UPDATE-10/29/80 to the President and Congress on July 13, 1979. * research, development, and demonstration in resource recovery -- EPA is also required to work with the Department of Commerce on the recovery of materials from waste, and with the Department of Energy on Energy recovery. * identification of markets and development of standards -- the Commerce Department is directed to find new uses for recovered materials and to adopt standards that will result in a substitution of recovered for virgin materials (Subtitle E). These standards, along with the procurement guidelines prepared by EPA, would be used to procure items with the highest practicable percentage of recycled material (Section 6002). The technical amendments to RCRA passed in 1978 delayed implementation until EPA develops the procurement guidelines. Eederal-A§§i§L§2se There are four kinds of assistance programs available to State andi local governments under BCBA. (1) The Solid Waste management Technical Assistance and Information Program (Sections 2003 and 8003), which includes RCRA's ~"Resource Conservation and Recovery Panels", provide advisory services counselling and technical information. "Peer matching" is an important part of kEP1 5 technical assistance program. State and local officials experienced in specific waste management problems advise officials facing similar situations. Grants have been given to organizations like the National League of Cities, the National Governors Association, and the American Public works Association to provide this service. (2) Solid and Hazardous Waste Management Support Grants (Sections 3001, #007, R008, and 0009) are for the development and implementation of State solid waste plans and for the implementation of programs to provide solid waste management, resource recovery and conservation services, and hazardous waste management. This category of grants cannot be used for construction of facilities, acquisition of land, or price subsidies for recovered materials. (3) Solid Waste Demonstration Grants (Sections 8001, 8000, 8005, and 8006) may be used to support investigation or demonstration of new or improved technologies or processes. Solicitations for grants are announced in the §9mmgggg_§g§igg§§_Qg;ly. No funds are expected to be available. (0) Solid Waste Hanagement Training Grants (Sections 7007 and 8001) are designed to provide education programs in solid waste management both for persons who work directly in the-solid waste management field and for the public. ‘For additional information about all of these grants, local and State governments can contact their Regional EPA Office. 1'53 Im1>1;E MBNTATION OUTLOOK CRS- 5 IB79113 UPDATE-10/29/80 The final guidelines for what constitutes an acceptable State plan were tblished in the §ggggg;_§ggi§tg;, July 21, 1979. State governments are not required to develop either the general solid waste management or hazardous waste management plans, but State plans are required in order for States to receive funding. - . EPA expects all of the States will submit general~ State solid waste management plans; the State plan guidelines were written loosely to encourage ‘ participation. If a State government does not take on the Subtitle C function (hazardous waste management), EPA is required to assume the responsibility. It appears that at least #6 States will receive interim authorization for their hazardous waste management programs (out of a total of 50 States and 6 Territories). Certain States may be unable to take on the job of management and enforcement because of either a lack of legal powers or resources (money and personnel). A §§e-2£-:Ae-;uuiu2u2-§§z2rd_AutA2ri£1 EPA filed its first suit under the imminent hazard provision Feb.12, 1979. EPA is currently in the process of evaluating potential hazards at over 100 other sites. According to a July 11, 1979, release from EPA's Office of Public Awareness, these evaluations "may result in legal actions or emergency,‘ Federal actions." THE an-sooner RECOVERY mom-r EPA's effort to develop the many guidelines and regulations required by RCRA has resulted in a decreased emphasis in resource recovery. A Feb. 29, 1979, report by the General Accounting Office claimedi that EPA had not committed the human and financial resources required to carry out the resource recovery provisions of RCRA. The Resource Recovery Division in the Office of Solid Waste has been replaced by the State Programs And Resource Recovery Division —— the resource recovery effort has been whittled down to the branch level. Under the President's Urban Policy grant program, however, 63 local governments were selected to receive technical and financial planning assistance leading to implementation of materials and energy recovery systems. The 63 projects are in communities that represent nearly 10% of the U.S. municipal waste stream. Grants totalling $6.6 million were awarded in FY79; and $10 million is expected to be provided in each of FY80 and FY81. At a time when EPA is deemphasizing resource recovery, the Departments of Commerce and Energy are showing increased involvement in the area. In an attempt to coordinate their resource recovery efforts, Commerce and EPA signed an agreement in 1978 to clarify the RCRA responsibilities of the two agencies. DOE and EPA signed an agreement in Hay 1979 that divides resource recovery responsibility between the two agencies. EPA has leady, sponsibility for project planning and development; DOE will take the lead in facility design, construction, startup, and operation. Sitin9-:: A Earri2r-:2-lu2;sue_tati2n A major barrier to implementation is the problem of siting of disposal CRS- 6 IB79113 UPDATE-10/29/80 facilities for both municipal and hazardous wastes. The closing of poorly designed facilities will put extra pressure on landfills that meet Peder I~ standards; a short supply of disposal capacity should result. The siting of sanitary. landfills for municipal waste has become an increasingly difficult task. Public opposition to nearby sites is usually strong, and with good cause; the track record.of waste disposal has been less than perfect. But the selection of a site based mainly on it being the least controversial one is part of the problem, not the solution. Geological factors such as water movement patterns and soil types must receive their due in the site selection process. Regional approaches to waste management may help somewhat in that they cut down on the number of sites needed and provide a larger area in which to find a site that is envrionmentally acceptable. The problem of siting hazardous waste disposal sites is, of course, even more severe. The environmental requirements are more exacting and the opposition more adamant. 8 Without sufficient municipal waste and hazardous waste disposal capacity the result could be delays in implementation of standards and/or an increase in "midnight dumping," i.e., uncontrolled littering of wastes. 96TH CONG R ESS RCRA's authorization expired in 1979. The Senate passed 'a 3-year extension on June 4, 1979, and the House passed a 1-year extension on ,P( 20, 1980. There are other differences besides length of authorization. The House version of S. 1156 (containing provisions of H.R. 399a passed in lieu) provides $20 million to help the States inventory hazardous waste- sites and assess health hazards: the Senate had no comparable provision. The House bill includes a provision to exempt from RCRA regulations those wastewater treatment plants built to meet the requirements of the Clean Water Act if it can be shown that the facility does not release significant amounts of hazardous wastes; the Senate bill, while providing relief, is less generous to the treatment plants. Both houses exempt or temporarily limit BPA's authority to regulate oilfield drilling muds and brines, and electric utility wastes: in addition the House bill would temporarily suspend EPAFS authority to regulate cement kiln dust, and phosphate and uranium mining and processing wastes. The House version contains a $12 million grant program to help States and localities study the feasibility of resource recovery from solid waste; the Senate does not have a similar provision. Finally, the House would make first offense violations of hazardous waste regulations a felony instead of a misdemeanor, as they are at present; the Senate has no counterpart. The hill, 5. 1156, is now in conference. The so-called superfund legislation, providing for the cleanup of inactive hazardous waste sites which pose a threat to health and the environment, and for the compensation of victims of such pollution, is discussed in ‘Issue Brief 79088. L§§l§.1-.AIlQE H.R. 399a (Florio) Resource Conservation and Recovery Act Amendments of 1979. Extends RCRA for 1 year at a level of $156.5 million. Strengthens EPh's enforcement and CRS- 7 IB79113 UPDATE—1Q/29/80 inspection authorities in hazardous waste management, authorizes funds for he Dept. of Commerce to accelerate market development for recovered -aterials and new resource recovery technologies, and strengthens Federal. procurement provisions. Restricts EPA's authority to regulate certain "special" hazardous wastes, and exempts most secondary wastewater treatment facilities from RCRA regulations. Authorizes EPA to require hazardous waste management sites to monitor, analyze, and test their facilities if they may present a hazard to health and the environment. Changes certain violations of RCRA from misdemeanors to felonies, provides for consideration of worker safety and health in dealing with hazardous waste cleanups, authorizes funds for States and localities for waste-to-energy feasibility planning, applies RCRA requirements to the legislative branch; and prohibits the Commerce Deptartment from discriminating against recovered materials in any regulatory proceeding. Repeals provisions concerning cleanup on Federal lands in Alaska and the Llangollen landfill, Delaware, leachate control research and assistance program. Introduced May 8, 1979; referred to Committee on Interstate and Foreign Commerce; reported to House Hay 15, 1979 (H.Rept. 96-191); passed House Feb. 20, 1980 (386-109; provisions inserted in S. 1156; conference scheduled Mar. M and 10, 1980. A s. 1156 (Randolph) Solid waste Disposal Act Amendments of 1979. Reauthorizes Resource Conservation and Recovery Act for 3 years at $163.95 million for FY80, v$175 million for FY81, and $185 million for FY82; stipulates that 25% of funds appropriated go for programs supporting solid waste management planning by tate, local, regional, and interstate agencies. strengthens EPA's powers to -ake action in cases of imminent hazard; gives EPA new subpoena powers. Adds language requiring hazardous waste generators to take reasonable steps beyond using manifest form to track wastes. Authorizes $5 million for Department of Commerce resource recovery programs; and strengthens provisions dealing with procurement of recovered materials by Federal government. Provides funds for a survey of inactive and abandoned hazardous waste disposal sites. Restricts EPA's authority to regulate oil and gas drilling muds and brines, geothermal energy production wastes, and utility industry wastes. Creates interagency coordinating committee (EPA, Commerce, Energy, and Treasury Departments) to develop a 5-year Federal plan for resource conservation and recovery programs, and to encourage public and private investment in resource conservation and recovery projects. Permits States to establish more stringent hazardous waste management standards, including ones governing facility siting. Reported from Committee on Environment and Public Works as a clean bill May 15, 1979 (S.Rept. 96-172); considered in Senate may 20 and June H, 1979, passed Senate June H, 1979; considered in and passed House Feb. 20, 1980, amended, in lieu of H.R. 3990; conference scheduled Mar. 4 and 10, 1980. 0.3. Congress. Senate. Committee on Environment and Public works. Subcommittee on Resource Protection. Reauthorization of the Resource Conservation and Recovery Act. Hearings, 96th Congress, 1st session. Mar. 22-23, 1979. Washington, 0.5. Govt. Print. Off., 1979. #13 p. Serial no. 96-H6 EEEQEQLQGY OF EVEE$§ 01/03/79 11/08/78 08/02/78 10/21/76y- 10/26/70 1Q/20/65 -- Resource Conservation Committee. Urban Land Institute. U.S. U.S. CRS- 8 IB79113 UPDATE-10/29/80 : ~43 . 1. J 1 .3 :1 %-I‘ -1 £9. ' A ,:~': A 3'». ' r‘“',—-“”-" ~"“1~i"4 "3 Kg gffirs, %” as M \§' ‘5.~.;i 21 ‘~:~,.a' :1‘?! tnnvgmsnw‘ 53,3”. §...'C*?‘q'-._.§‘.=”:;.$ " ¥’2'§‘i3a ' vzuuowar S-i'('F.I -.a-:7-av tn-mr\'>z:-1 x-.r—v-V192‘-rvr ~ - "gu.uInuuHadL:n-.-.z.(uJ.u..-;..» . . y,—,g_—:~qr.-ur.«,-:.:- n-ar.:v'4 n V - As the result of suits filed in September by several environmental groups and the State of Illinois, the 0.5. District Court of D.C. set up a promulgation schedule for EPA. Host of the regulations under this Court-imposed schedule are due by the end of 1979. Technical amendments to RCRA were signed into-law (P.L. 95-609). ‘ A A Citing a "great and imminent peril" the New York State Health Commissioner recommended that pregnant women and children under two years old leave their homes on the Love Canal disposal site. The New York Times quoted the Region II Director of EPA as saying that the site was "probably the most serious health hazard of thousands in the Nation." The Resource Conservation and Recovery Act, P.L. 9n-580, was signed into law. Passage of the Resource Recovery Act, P.L. 91-512. Passage of the Solid Waste Disposal Act, P.L. 89-272. Choices for conservation: final % report to the President and the Congress of the United States. Washington, July 1979. 14H p. 5 appendices. Envi ronm ental comment. issue devoted to RCRA and solid waste management. Entire February 1977 24 p. Environmental Protection Agency. EPA Activities under the Resource Conservation and Recovery Act of 1976. Annual Report to the President and Congress, Fiscal Year 1977. Washington, 1978. 80 p. Environmental Protection Agency. EPA Activities under the Resource Conservation and Recovery Act of 1976. Annual Report to the President and Congress, Fiscal Year 1978. Washington, 1979, 1 v. (various pagings.) General Accounting Office. Report to the Congress: hazardous waste management programs will not be effective: greater efforts are needed. Washington, U.S. Govt. Print. Off., General Accounting Office. Report to the Congress: how to dispose of hazardous waste -— a serious question that needs to be resolved. Washington, U.S. Govt. Print. Off., Dec. 19, 1978. 28 p.