Solid Waste Update (8-15-00)
Similar to several other issues concerning the balance between state and
federal oversight, solid waste management derailed in the last two Congresses,
while the debate continued in state and federal courts. There are
three major areas of concern when discussing solid waste management: interstate
commerce, remediation of hazardous materials, and ratification of the Basel
Convention on the Control of the Transboundary Movement of Hazardous Wastes
and Their Disposal. Most of the discussion on hazardous waste is
dealt with under Superfund and Brownfields legislation (more information
on these issues is available at AGI's Superfund Update webpage),
with the notable exception of revising Environmental Protection Agency
(EPA) regulations to exempt certain low-risk
wastes generated by remediation of old waste sites under the Resource Conservation
and Recovery Act (RCRA). The remaining debate circles around managing
municipal solid waste (MSW). Currently, congressional action
on MSW issues is limited and sparse. Legislation to allow states
the power to ban or restrict imports of solid waste, giving communities
the power to direct their instate waste to specific landfills (aka flow
control), has been introduced again in the 106th Congress. Such bills
have occasionally popped up in the past, but have never made it past both
the Senate and the House. A number of bills have been introduced
this Congress that address different aspects of solid waste, but so far
they have gathered little momentum.
Most Recent Action
The National Academies' National Research
Council released a report on the long-term management of Department
of Energy (DOE) legacy waste sites.
Legacy sites are nuclear weapons sites contaminated by nuclear, solid,
and hazardous waste leftover from the Cold War arms race. Under DOE's
stewardship, contamination or waste stored on site would be monitored by
institutional controls such as fences, surveillance, and examination of
future uses of the site and adjoining land. The council found that
there is no evidence that DOE is prepared to act as steward to 109 of the
150 sites that will never be clean enough for unrestricted use. DOE
must plan to revisit these residually contaminated sites in the future
as technological remediation capabilities improve. The committee
recommends that the recently established DOE Office of Long-Term Stewardship
adopt an approach which avoids foreclosing future options, involves the
public in decision-making, and plans for the failure of waste isolation
mechanisms.
The Senate Environment and Public Works Committee held a hearing on
June 17, 1999 to look at the interstate transportation of municipal waste
and flow control. Chairman John Chaffee (former R-RI) opened the
hearing on S.533,
S.663,
and S.872
by saying: "Now, interstate waste and flow control aren't new issues for
the Committee. Concerns about increased interstate shipments of solid waste
and the potentially adverse economic impacts of flow control have been
around for almost a decade. And this Committee, the full Senate, and the
House have all tried on several occasions to address those concerns through
federal legislation. We've never succeeded." The well attended hearing
hosted a long list of witnesses, including the respective bill authors
and a slew of issue constituents. The complete text of opening statements
and prepared witness testimony is available on the Environment and Public
Works Committee website.
Previous Action in the 106th Congress
The June 17, 1999 hearing is the first one of the 106th Congress, with
the exception of hearings on Superfund and Brownfields that are covered
in AGI's Superfund Update webpage.
In total, eighteen bills on solid waste management have been introduced
during this Congress. Most bills deal with amending the Resource
Conservation and Recovery Act (RCRA)* , the most comprehensive
law governing solid waste management. Below is a list of current
bills and their status:
-
H.R. 79
was introduced by Rep. Michael Bilirakis (R-FL) in January 1999.
The bill would amend RCRA "to exempt owners or operators of pesticide rinse
water degradation systems from the requirement of obtaining a permit for
the treatment or disposal of pesticide rinse water" given specific characteristics.
After introduction, the bill was referred to the Commerce Subcommittee
on Finance and Hazardous Materials, where it has seen no further action.
-
H.R. 286,
the Hazardous Waste Recycling Tax Credit Act of 1999, was introduced by
Rep. John Sweeney (R-NY) on January 6, 1999 and referred to the House Committee
on Ways and Means.
-
H.R. 378
would amend RCRA "to authorize a State to enforce laws regulating, and
collecting fees for, the treatment and disposal within such State of solid
waste generated in another State" and authorize states to enter into interstate
compacts for solid waste management. Rep. Paul Gillmor (R-OH) introduced
the bill on January 19, 1999, when it was referred to the Commerce Subcommittee
on Finance and Hazardous Materials.
-
H.R. 379,
a bill to amend RCRA to allow states to prohibit the disposal of foreign-imported
solid waste, was introduced by Rep. Gillmor in January 1999, when
it was referred to the Commerce Subcommittee on Finance and Hazardous Materials.
-
H.R. 778
would authorize recycled materials be used in the construction of any federal-aid
highway projects. The bill, introduced on February 23, 1999 by Rep.
Robert Andrews (D-NJ), was referred to the Subcommittee on Ground Transportation.
-
H.R. 779
is a follow-up bill by Rep. Andrews that requires 10% of a state's allocation
under the Surface Transportation Program be used to purchase recycled materials.
The bill was introduced and referred to the Subcommittee on Ground Transportation
on February 23, 1999.
-
H.R. 891,
the Solid Waste Compact Act, was introduced on March 2, 1999 by Rep. Paul
Kanjorski (D-PA). The bill would amend RCRA to allow states whose
solid waste management plans have been approved by EPA to prohibit the
importation of outside-the-state solid waste. After introduction,
the bill was referred to the Commerce Subcommittee on Finance and Hazardous
Waste.
-
H.R. 1190,
the Solid Waste Interstate Transportation and Local Authority Act of 1999,
was introduced by Rep. Jim Greenwood (R-PA) on March 18, 1999. The
bill would amend RCRA "to establish a presumptive ban on importation of
out-of-state municipal solid waste unless such importation is authorized
by a host community agreement or grandfathered, and to authorize state
and local flow control." After introduction, the bill was referred
to the Commerce Subcommittee on Finance and Hazardous Waste.
-
H.R. 1270,
the Taxpayer Relief Through Municipal Waste Control Act of 1999, was introduced
by Rep. David Minge (D-MN) on March 24, 1999. The bill would amend
RCRA "to authorize flow control of municipal waste and to exempt states
and their political subdivisions from civil liability with respect to the
passage, implementation, and enforcement of flow control ordinances.
After introduction, the bill was referred to the Commerce Subcommittee
on Finance and Hazardous Waste.
-
H.R. 2407
was introduced by Rep. Lynn Rivers (D-MI) on August 2, 1999. The
bill would amend "the Toxic Substances Control Act to establish requirements
regarding the approval of facilities for the disposal of polychlorinated
biphenyls (PCBs)." After introduction, the bill was referred to the
Commerce Committee.
-
H.R. 2676,
the National Beverage Container Reuse and Recycling Act of 1999, was introduced
by Rep. Lynn Rivers (D-MI) on August 2, 1999 and referred to the Commerce
Committee. The bill would RCRA "to require a refund value for beverage
containers and to provide resources for State pollution prevention and
recycling programs." H.R. 2676 is a companion bill to S. 859 of the
same name.
-
H.R. 2718,
the Brownfields Remediation Waste Act, was introduced by Rep. Michael Oxley
(R-OH) on August 5, 1999, and referred to the Commerce Subcommittee on
Finance and Hazardous Waste. The bill would amend RCRA "to provide
for the management of remediation waste at brownfields and other remediation
sites."
-
S. 267
would amend RCRA "to direct the Administrator of EPA to give highest priority
to releases of petroleum into drinking water in issuing corrective action
orders under the underground storage tank response program." Sen.
Dianne Feinstein (D-CA) introduced the bill, which was referred to the
Committee on Environment and Public Works, on January 20, 1999. The
Committee held a hearing on S. 663, S. 533, and S. 872 on June 17, 1999.
-
S. 533,
the Interstate Transportation of Municipal Solid Waste Control Act of 1999,
was introduced in January 1999 by Sen. Charles Robb (D-VA). The bill
would amend RCRA "to authorize local governments and Governors to restrict
receipt of out-of-state municipal solid waste." It was referred to
the Committee on Environment and Public Works.
-
S. 663,
the Solid Waste Interstate Transportation and Local Authority Act of 1999,
is a companion bill to H.R. 1190. Sen. Arlen Specter (R-PA) introduced
the bill on March 18, 1999. The Committee on Environment and Public
Works held a hearing on S. 663, S. 533, and S. 872 on June 17, 1999.
-
S. 859,
a companion bill to H.R. 2676, was introduced by Sen. Jim Jeffords (R-VT)
on April 22, 1999. The bill was referred to the Committee on Environment
and Public Works.
-
S. 872,
the Municipal Solid Waste Interstate Transportation and Local Authority
Act of 1999, was introduced by Sen. George Voinovich (R-OH) on April 22,
1999. The bill would amend RCRA "to impose certain limits on the
receipt of out-of-State municipal solid waste [and] to authorize State
and local controls over the flow of municipal solid waste." After
introduction, the bill was referred to the Committe on Environment and
Public Works, which held a hearing on S. 663, S. 533, and S. 872 on June
17, 1999.
Background
The Solid Waste Disposal Act of 1965 governs the domestic management
of solid and hazardous waste. It was comprehensively amended in 1976
by the Resource Conservation and Recovery Act (RCRA). Since then,
the convention is to refer the former as RCRA. For a full review
of solid waste issues and more background into the subject, see the Congressional
Research Service Issue Brief Solid Waste Issues in the 106th Congress
(http://www.cnie.org/nle/waste-27.html).
Other Congressional Research Service reports on solid waste, including
several on hazardous waste, are available at the National Council for Science
and the Environment (NCSE) website.
Sources: Environmental and Energy Study Institute, Committee for
the National Institute for the Environment, Senate Environment and Public
Works Committee website, Library of Congress, and the National Academies.
Please send any comments or requests for information to the AGI Government
Affairs Program at govt@agiweb.org.
Contributed by Margaret Baker, AGI Government Affairs, and AGI/AIPG
Geoscience Policy Interns Scott Broadwell and Audrey Slesinger.
Last updated August 15, 2000.
