EPA Authority in the United States

EPA’s Authority in Environmental Law

Primarily, the EPA was required to evaluate the hazardous wastes and ban them unless they were treated. However, the EPA could grant variances from the land ban and allow land disposal if no migration of the waste would occur. Another task for the EPA was establishing treatment standards for the wastes. The EPA was to establish regulations specifying acceptable methods of treatment and levels of concentration that would reduce the probability of health and environmental impact, effective the same day that the land disposal restrictions were applied to the particular waste.

Although the statute’s requirements pushed the EPA hard, they were effective: the regulations have been promulgated. Regulations now replace the ban in the Hazardous and Solid Waste Amendments. In general, the EPA exempted small quantity generators from some restrictions along with farmers who disposed of waste pesticides. A waiver or extension may be granted by the EPA, but otherwise, the hazardous wastes banned from land disposal must be treated according to the standards. Hazardous wastes that may not be land disposed may not be stored either, unless they are being accumulated for treatment. If they are stored, other requirements for storage must be met.

Requirements for Generators and Facilities

The generator of hazardous waste has a number of responsibilities if the waste is subject to the land ban, but most of the requirements apply to any hazardous waste. The generator must analyze the waste and specify waste codes. The waste code is specified in the regulations, and it depends on the composition and nature of the waste. Further, the generator must certify whether the waste meets the treatment standards. If the waste is subject to land disposal restrictions, that fact must be pointed out, along with notice of any variances or extensions granted by the agency Finally, the generator must keep documentation of testing information, as well as all other information accompanying the waste.

If the hazardous waste contains more than one waste prohibited from land disposal, the generator must meet each treatment standard that applies. Leachate that accumulates from waste piles is considered to contain all of the listed wastes in the pile, and all treatment standards that apply must be followed.

Treatment facilities must conduct period tests of wastes. They must also document treatment residues or extract of residues to show that they meet the standards specified for the waste. Copies of the documentation go to the land disposal facility along with the treated waste. Land disposal facilities are required to verify the information they receive from the person who treated the waste. They must also test the waste and keep records of their results.

Cleanups and the Land Disposal Restrictions

A peculiar problem arose when the land bans took effect. When a cleanup of hazardous waste was being conducted under the Comprehensive Environmental Response, Compensation, and Liability Act or the Resource Conservation and Recovery Act, the government could not pick up waste from one part of a facility and consolidate it, confining it on site. Nor could it dig up the waste, treat it, and put it back. Either action violated the land disposal restrictions. It became clear that the new regulations were not designed for cleaning up facilities. They were, instead, meant to control land disposal as the hazardous waste was generated. If the minimum technology requirements and land disposal restrictions were applied to Superfund sites or hazardous waste treatment/storage/disposal facilities, not only would the cleanup costs be significantly increased, but the person doing the work would be forced to leave the waste where it was, incinerate it, or move it off site.

The EPA decided to amend the regulations to deal with these difficulties. It wanted to encourage onsite treatment, because moving hazardous waste increases the risk of exposure to it as well as possible releases. Also, given the changes in technology and control, the EPA determined that consolidation of hazardous wastes into a better designed area might be preferable to leaving it where it was.

Out of the proposals and comments on this issue, the EPA created the concept of a corrective action management unit (CAMU) [see corrective action], These units, which are areas of land rather than tanks, containers, or incinerators, must be designated by the regional administrator. They may not be used for new wastes brought to the site, only to manage remediation wastes, those generated by the cleanup of contamination from wastes originating at the facility By rule, the EPA has determined that remediation wastes may be placed into such a unit without being subject to the land disposal restrictions or having to meet the minimum technology requirements of the Resource Conservation and Recovery Act.

Prior to designating a corrective action management unit, the EPA must publish its intention in a publicly available notice. The agency must evaluate a number of factors in the document, including the benefits and/or detriments associated with placement of remediation wastes in the unit; the type of management to be done after the unit is closed and wastes remain in place; and the extent to which treatment technologies may reduce the toxicity, mobility, or volume of wastes.

The cost savings generated by this change in the regulations is projected to be between $17 and $27 billion dollars. But aside from the dollars saved, the EPA believes the measure will facilitate cleanup and minimize risks connected with leaving the waste where it is.
Based on “Environment and the Law. A Dictionary”.