State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Applicable, or Relevant and Appropriate Requirements

Five years ago, the Association of State and Territorial Solid Waste Management Officials’ (ASTSWMO) CERCLA and Brownfields (CaBS) Subcommittee members began evaluating State and Territorial (State) roles at CERCLA cleanups. One constant issue was the process of identifying and accepting States cleanup standards and rules as Applicable or Relevant and Appropriate Requirements (ARARs) in CERCLA cleanups. CaBS and the ASTSWMO Board of directors have updated the 2018 position paper to show that the issue is still a concern.

2023 ASTSWMO Statement on Coal Combustion Residuals Program Implementation

In April 2023, the ASTSWMO Board of Directors approved an update to the ASTSWMO Statement on Coal Combustion Residuals (CCR) Program Implementation that was initially released in January 2022. The updated statement reflects State and Territorial (State) feedback provided to ASTSWMO in January 2023 regarding implementation of the CCR rule and the State CCR permit program approval process. It also recognizes U.S. Environmental Protection Agency CCR activities since the initial statement was issued.

ASTSWMO Position Paper on Increased 128(a) Funding

The ASTSWMO Board of Directors, in April 2023, approved the Position Paper supporting a permanent increase in the standard 128(a) Congressional appropriation. The paper acknowledges that the permanent increase of funding will ensure that State brownfields programs are able to provide the critical support necessary for a robust national brownfields program.

ASTSWMO Position Paper: Addressing PFAS

The ASTSWMO Board of Directors approved an update to their March 2021 Position Paper on Addressing PFAS in November 2022. The paper acknowledges the work Federal and State agencies have taken to date and recommends federal regulatory action, guidance development, and further research to address PFAS.

Post-Closure Care Beyond 30 Years at RCRA Subtitle C Facilities

Regulations promulgated under the authority of Subtitle C of the Resource Conservation and Recovery Act (RCRA), include provisions regarding the post-closure care of hazardous waste land disposal units. The Subtitle C regulations establish a 30-year post-closure care period as the default requirement (See 40 CFR § 264.117). The 2022 position paper highlights key issues and recommends that EPA either revise the RCRA regulations for post-closure or issue supplemental guidance on the implementation of the post-closure regulations under Subtitle C of RCRA congruent with the key issues raised.

ASTSWMO Statement on Coal Combustion Residuals (CCR) Program Implementation

Many States are working towards obtaining EPA CCR permit program approval. As such, ASTSWMO members identified several topics related to State adoption and implementation of the CCR program that require additional input from EPA in the form of rule or guidance. In the Statement, ASTSWMO urges EPA to provide such input for greater certainty for States.

2022 ASTSWMO Position on Performance-Based Contracting at Federal Facilities

Performance-based contracting (PBC) is frequently used for implementing environmental cleanup work at federal facilities under the Defense Environmental Restoration Program (DERP). The Federal Facilities Subcommittee drafted the position paper to identify challenges States continue to face and provides ASTSWMO positions and recommendations for improving the PBC process. The paper also includes a checklist to assist all parties involved in the development and implementation of PBC at federal facility cleanups. This document updates and replaces ASTSWMO’s March 2017 position on PBC at federal facilities with additional examples of challenges and recognizes the U.S. Air Force for utilizing the ASTSWMO PBC checklist as a template in its contracting process.

2022 ASTSWMO Position on Advanced Geophysical Classification for Munitions Response

The Department of Defense (DoD) developed the advanced geophysical classification (AGC) for munitions response to improve the efficiency and effectiveness of munitions cleanup. This position paper summarizes the development and implementation of the AGC technology, outreach, training, and guidance activities, and provides ASTSWMO positions and recommendations on its acceptance at federal facility cleanups. This document updates and replaces ASTSWMO’s January 2017 position on AGC with revisions to definitions and the addition of new references.

UST Open Bermed Containment Systems at Retail Fueling Facilities

This position paper addresses open bermed containment systems at commercial retail fuel facilities that are used to meet the spill prevention equipment requirements for underground storage tanks (USTs) outlined in 40 CFR 280.20(c), and replaces ASTSWMO’s July 2016 position on these systems. The new document clarifies that ASTSWMO’s position addresses open bermed containment systems at retail fueling facilities, includes additional details about the construction and design of spill buckets vs open bermed containment systems, and new and updated references and resources.

ASTSWMO Recycling Position Paper

The ASTSWMO Recycling Position Paper, developed by ASTSWMO’s Materials Management Subcommittee, was approved by the Association’s Board of Directors on July 21, 2020. ASTSWMO recommends EPA consider promoting substantial changes to the country’s recycling system as EPA develops a national strategy for recycling. The position paper describes challenges the current system is facing and includes content recommendations for a national recycling strategy.