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Good Afternoon, Mr. Chairman and members of the Subcommittee. I am Robert
Springer, Director of EPA's Office of Solid Waste. I am pleased to be here today
to discuss municipal solid waste issues both within the U.S. and
internationally. I will provide an overview of three aspects of our national
waste management program that are relevant to today's discussion. First, I will
provide a broad summary of EPA's authority to control wastes under the Resource
Conservation and Recovery Act (RCRA) within the United States. Second, I will
describe the current system of oversight for international hazardous waste
shipments between the U.S. and Canada. Last, I will discuss how EPA is working
to obtain the necessary authorities to appropriately monitor the municipal solid
waste shipments between the U.S. and Canada.
HAZARDOUS WASTE CONTROL
Regarding the first matter - RCRA establishes separate statutory frameworks for
the regulation of hazardous solid waste under Subtitle C, and nonhazardous
waste, including municipal solid waste, under Subtitle D. Pursuant to the very
specific statutory mandate of Subtitle C, EPA has constructed a comprehensive
and rather prescriptive regulatory system for "cradle-to-grave"
controls on the generation, storage, transportation, and disposal of hazardous
waste. This program includes a permitting system for all waste management
facilities. It specifies facility design, operation, closure and post-closure
standards, treatment standards prior to land disposal, and extensive corrective
action provisions (including clean up) to address releases of hazardous
constituents from facilities that manage hazardous waste. EPA is responsible for
setting protective national standards and retains a strong oversight role in
implementation of state programs.
NONHAZARDOUS WASTE
Subtitle D establishes a very different framework for the various nonhazardous
wastes, including municipal waste, covered by this Subtitle. EPA is responsible
for setting national standards applicable to disposal of nonhazardous waste, but
the states retain the primary responsibility for implementation and enforcement
of the national disposal regulations and for all other aspects of nonhazardous
waste management. This is an appropriate framework given that domestic
management of nonhazardous waste has historically been a state and local
responsibility. In the 1980's, states were required by RCRA to develop solid
waste plans to specify the state approach for environmentally sound solid waste
management. Those plans continue to serve as a base for solid waste operations
in each state. In 1991, EPA established comprehensive national standards
applicable to municipal solid waste landfills. RCRA provides only a limited
"back up" role for EPA in the implementation and enforcement of the
regulations applicable to municipal solid waste landfills. It does so by
granting EPA the authority to approve the adequacy of state permitting programs,
and, in the event a program is found to be inadequate, provides EPA with
enforcement authority only.
RECYCLING
In addition to establishing national standards applicable to the disposal of
nonhazardous waste, EPA has historically played a leadership role in the area of
recycling of municipal solid waste and other nonhazardous wastes. We have done
so by supporting the development of markets for recyclable materials through
procurement policies and by establishing recycled content guidelines. We have
also provided information and technical assistance to states and localities to
assist them in establishing recycling and resource conservation programs.
Additionally, we have provided recycling information to the public so that
individuals can incorporate a reuse and recycling ethic into their daily lives.
EPA has recently renewed our efforts in this area by establishing the Resource
Conservation Challenge (RCC). The goal of the RCC is to cultivate innovative and
cost-effective recycling and waste minimization efforts and realize the
potential of using waste as a safe and viable energy source. At the same time,
we intend to raise consumer environmental awareness so that the public can
become better environmental stewards.
WASTE TRANSPORTATION
With that as background, I would now like turn to the second topic area, and
share with you how our current regulatory system addresses the risks posed by
wastes that are transported in interstate and international commerce.
Within the U.S., there is significant movement of both hazardous wastes and
municipal solid wastes across state borders. It is EPA's position that the most
effective way to control risks posed by interstate management of wastes is
through a strong domestic regulatory program. The U.S. has a regulatory
framework in place designed to protect human health and the environment from any
risks posed by the disposal of hazardous or municipal solid waste whether those
wastes are generated within or outside the U.S.
INTERNATIONAL WASTE
With respect to wastes that are generated outside the U.S. it is important to
note that more than 90% of international waste movements involving the U.S. and
Canada is with each other. That is why the Agreement Between the Government of
Canada and the Government of the United States of America Concerning the
Transboundary Movement of Hazardous Waste is critical to both countries. This
agreement was established by the two federal governments in 1986 to ensure that
human health and the environment are protected through government oversight of
hazardous waste shipments between the two countries. The agreement was based on
the mutual knowledge that the two countries have very advanced, effective
regulatory programs in place to address waste management so that human health
and the environment are protected. I'll offer an example of how the system
works.
Any person who intends to export a hazardous waste must first inform their
Federal government and provide specific information, including the types and
quantities of waste involved, the location where the waste will cross the
border, and the name of the facility where the waste is destined. The
environmental agency of the exporting country then provides this information to
the environmental agency in the importing country and requests consent for the
proposed shipment. Only after consent is granted by the importing country may
the exporter proceed with the waste shipment. Typically the consent for waste
export covers multiple shipments for a one year period.
The primary role for the environmental agencies in the notice and consent
process is to ensure that the waste will be properly managed. For example, when
Canada exports hazardous waste to the U.S., EPA will either consult directly
with the appropriate state agency or will review previously-submitted state
information to confirm that the receiving facility is permitted to manage all of
the specific wastes identified in the notice, and that the state believes the
wastes will be handled consistent with federal and state requirements. If this
is not the case, we would deny entry of the waste into the U.S. It is this same
notice and consent scheme that the U.S. and Canada intend to use for municipal
solid waste shipments once both countries have the necessary legal authorities.
CANADIAN MUNICIPAL SOLID WASTE
The last area I want to discuss is how EPA is working to obtain the necessary
authorities to appropriately monitor the municipal solid waste shipments between
the U.S. and Canada.
In 1992, the U.S. and Canada amended the bilateral agreement to include
municipal solid waste, pending enactment of necessary legislation. Past
administrations took the position that the legislative vehicle for obtaining the
statutory authority under RCRA to implement the municipal solid waste provisions
would be Basel Convention implementing legislation. EPA is now working with
other federal agencies to draft Basel Convention implementing legislation that
would provide us with the necessary authority for municipal solid waste imports
and exports.
Canada is developing regulations based on recent amendments to the Canadian
Environmental Protection Act that will enable them to provide notice and consent
for municipal solid waste. Environment Canada informs us that its regulatory
process should be complete in about a year.
TORONTO'S MUNICIPAL SOLID WASTE
Let me now briefly address the current situation concerning Toronto's
municipal solid waste that is being sent to Michigan landfills for disposal.
This Administration has endeavored as a priority to respond to and closely
engage members of Congress and their staff, the State of Michigan (including the
Governor), concerned citizens in Michigan, Canadian counterparts, and others
regarding the municipal solid waste shipments coming from Toronto. Due to the
concerns expressed by the citizens and elected officials in the State, the
Michigan Department of Environmental Quality has examined the waste arriving
from Canada, and has inspected the operations at the receiving landfills. The
State agency has repeated this scrutiny on a number of occasions. Preliminary
results from recent Michigan Department of Environmental Quality inspections
indicate that the shipments from Toronto are managed as well as similar
shipments originating within the State. The landfill inspections have confirmed
that the composition of the waste received from Toronto is typical of municipal
solid waste, and the waste is suitable for disposal in Michigan landfills.
HOMELAND SECURITY
There is one other aspect of international waste movements I wish to share with
you. After the terrorist attacks of September 11, 2001, EPA initiated a
comprehensive analysis of oversight provided by Customs' operations at the
border regarding chemicals, wastes, and other materials subject to RCRA, Toxic
Substances Control Act, and Federal Insecticide, Fungicide, Rodenticide Act.
This cooperative effort continues today with the Department of Homeland Security
as we strive to ensure that the US remains vigilant in protecting our people and
our environment.
CONCLUSION
In summary, EPA is continuing to address these important waste management
issues, and we look forward to working with Congress in the future on
legislation to implement the Basel Convention. I would like to thank the
Chairman and Subcommittee members for inviting me to speak here today.
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