Solid Waste Policy in the United States Leah Missik, Aliaksei Babko, Brijesh Krishnan What is Solid Waste? Solid Waste - The term ‘‘solid waste’’ means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities (RCRA, 2002) Non - Hazardous Waste Municipal Solid Waste Hazardous Waste Industrial Waste C&D Medical Special Agricultural Waste Treatment Household Waste Industrial Listed Universal Characteristic Mixed Generation and Disposal Residential Commercial Industries Construction Healthcare Agricultural Treatment Plants Landfill Combustion Recovery & Recycling Composting Trends in Generation and Landfills Trends – Disposal Trends – MSW Change in Composition Solid Waste Management - the systematic administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste (EPA Definitions) Effects and damages Open dumping Odor PM emissions Landfill seepage CO₂ Emissions CH₄ Emissions Air pollution Health Impacts Food Chain contamination Ground / Surface water contamination Land depletion Environmental degradation Animal and Plant life Policy Instruments – Taxes (Fees!) and Subsidies • Deposit Refund - “Bottle Bills” - In 10 states - Usually 5 cents per bottle • Pay As You Throw - Residents are charged based on how much they throw away (usually per bag or can) - In more than 7000 communities http://www.epa.gov/epawaste/conserve/tools/payt/states/06comm.htm#text Policy Instruments – Command & Control • Permits - Needed to ensure safe standards for hazardous waste • Technology standards - For landfill and incinerator design • “Cradle-to-Grave” - Production, transportation, storage, and disposal standards http://www.landofgraciousliving.com/wp-content/uploads/2007/10/yorba_linda_landfill.jpg Policy Instruments - Voluntary • Challenges/Goals - EPA’s Resource Conservation Challenge • Programs and Partnerships - GreenScapes, WasteWise • Information - Provided by the EPA on best methods of waste disposal and recycling for individuals and businesses alike - Labeling http://www.epa.gov/epawaste/partnerships/wastewise/index.htm Waste management legislative history Solid Waste Disposal Act (SWDA) of 1965 Resource Recovery Act of 1970 Resource Conservation and Recovery Act (RCRA) of 1976 Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 Used Oil Recycling Act of 1980 Solid Waste Disposal Act Amendments of 1980 Hazardous and Solid Waste Amendments (HSWA) of 1984 Medical Waste Tracking Act of 1988 Federal Facility Compliance Act of 1992 Land Disposal Program Flexibility Act of 1996 RCRA cleanup reforms I&II of 1999 and 2001 EPA’s three comprehensive waste management programs Subtitle C - Hazardous waste • 47 states (all but Alaska, Hawaii, and Iowa) had received final authorization to run the pre-1984-amendment elements of the program • In order to receive final authorization, a state's program must be equivalent to, no less stringent than, and consistent with the federal program. Subtitle D - Solid (non-hazardous) waste • The major (non-hazardous) solid waste provision in RCRA is the prohibition of open dumps. This prohibition is implemented by the states, using EPA criteria to determine which facilities qualify as sanitary landfills and may remain open. • While EPA is the lead agency under RCRA, the Department of Commerce is given several responsibilities for encouraging greater commercialization of resource recovery technology. The Department has not played an active role, however. Subtitle I - Underground storage tanks • The law directed EPA to set operating requirements and technical standards for tank design and installation, leak detection, spill and overfill control, corrective action, and tank closure. The UST program (RCRA Subtitle I) is to be administered primarily by states. RCRA accomplishments Established "cradle-to-grave" tracking of hazardous waste. Caused the closure of a large number of mismanaged facilities; two-thirds of non-compliant; land disposal facilities closed. Prevented the disposal of untreated wastes into and onto the land. Assessed over 1,600 facilities to determine if there were releases from solid waste management units. Authorized 47 states for the base RCRA program. Implementation Permitted more than 900 hazardous waste management facilities. Statutory & Regulatory Established design and performance standards for landfills and treatment technologies. Lessons learned Close Congressional oversight could limit flexibility Program evaluation and long-term priorities should be strengthened Old regulations should be revised; New regulations could make it difficult for state programs Stronger focus on Environmental Data is needed State authorization should be faster Alternates should be examined Potential regulatory overlaps or inconsistencies should be addressed Political and legislative constraints Political Congress and EPA are influenced by environmental groups from one side and industry from the other Congress wants visible and quick results States see federal control as an excessive Failure to integrate joint goals and priorities across EPA Legislative Traditionally, the courts had deferred to EPA on policy issues, allowing EPA to use its own judgment when it has statutory discretion. However, they later became less tolerant of EPA. As a result, there were several successful lawsuits brought by environmental groups and industry. For example, in a recent Superfund case the U.S. Supreme Court narrowed a theory under which companies can be held liable for clean-up costs as “arrangers” of waste disposal. BNSF Railway Co. v. United States, 556 U.S. (May 4, 2009) Wikipedia Article