ASTSWMO Position Paper on RCRA Subtitle C Hazardous Waste Program Information and RCRAInfo Database Operation and Maintenance

Since the enactment of the Resource Conservation and Recovery Act (RCRA) in 1976 and subsequent amendments, the U.S. Environmental Protection Agency (EPA) has developed and maintained several information systems. These evolving information management systems are necessary for tracking and maintaining information pertaining to the multitude of sites around the country involved in the generation, transportation, and management of hazardous waste.

ASTSWMO Position Paper on Coal Combustion Residuals

On June 21, 2010, the U.S. Environmental Protection Agency (EPA) proposed the rule, Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities (75 FR 35127). In this rulemaking, EPA co-proposed two options for regulation of coal combustion residuals (CCRs). Under one option, EPA would reverse its August 1993 and May 2000 Bevill Regulatory Determinations regarding CCRs and list CCRs as a special waste subject to regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA) when they are destined for disposal in landfills or surface impoundments. The other option would leave the Bevill determination in place and regulate disposal of CCRs under RCRA Subtitle D, with EPA issuing national minimum criteria under 40 CFR part 257 Criteria for Classification of Solid Waste Disposal Facilities and Practices. The proposal did not address the placement of CCRs in mines, or non-minefill uses of CCRs at coal mine sites. The proposal also did not change the May 2000 Regulatory Determination for beneficially used CCRs, which as EPA noted are currently exempt from the hazardous waste regulations under Section 3001(b)(3)(A) of RCRA. However, EPA did indicate that it was clarifying the determination and seeking comment on potential refinements for certain beneficial uses. This position paper is based in large part upon comments that ASTSWMO provided to EPA on November 19, 2010 in response to the proposal.

Identification of Non-Hazardous Secondary Materials That Are Solid Waste

The Municipal D Waste Task Force within the Materials Management Subcommittee of the Association of State and Tenitorial Solid Waste Management Officials (ASTSWMO) appreciates the opportunity to provide comments regarding the U.S. Environmental Protection Agency’s (“EPA”) proposed Commercial and Industrial Solid Waste Incineration Units.

Reconsideration and Proposed Amendments: Non-Hazardous Secondary Materials That Are Solid Waste (cumulatively called the “CISWI Reconsideration,” 76 FR 80452, December 23, 2011).

The Hazardous Waste and Solid Waste Subcommittees provide input on the RCRA Messaging initiative.

The Hazardous Waste and Solid Waste Subcommittees of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) appreciate your invitation to ┬áprovide input on the “RCRA Messaging” initiative. In this letter, we offer our perspectives on this initiative and the value of the RCRA Subtitle C and D programs as well as additional State and Territorial (State) programs and their continuing accomplishments. At their heart, the Resource Conservation and Recovery Act and equivalent State programs are pollution prevention and resource conservation programs. This is truer now than when RCRA first became law, as evidenced by substantial reductions in the amount of hazardous waste generated across the nation and shifts towards use of less-toxic, more environmentally friendly materials in manufacturing and production operations. We believe this fundamental shift in thinking was brought about by RCRA and its implementing regulations.