Page 53 - Solid Waste Analysis and Minimization a Systems Approach

ENVIRONMENTAL LAWS AND REGULATIONS 31

■ Require treatment of all contaminated surface water running off of landfills.
■ Methods of disposing of wastewater sewage sludge at landfills are included in the
Clean Water Act as amended.
■ Increased enforcement authority for EPA.
■ Provided more stringent hazardous waste management standards.
■ Created a comprehensive underground storage tank program.

The HSWA marked the most significant set of amendments to RCRA with a com-
plex law with many detailed technical requirements. Additional restrictions on land
disposal and the inclusion of small-quantity hazardous waste generators (those pro-
ducing between 100 and 1000 kg of waste per month) in the hazardous waste regula-
tory scheme were added. The EPA was directed to issue regulations governing those
who produce, distribute, and use fuels produced from hazardous waste, including used
oil. Under HSWA, hazardous waste facilities owned or operated by federal, state, or
local government agencies must be inspected annually, and privately owned facilities
must be inspected at least every 2 years. Each federal agency was required to submit
to EPA an inventory of hazardous waste facilities it has possessed in its history. The
HSWA also imposed on EPA a timetable for issuing or denying permits for treatment,
storage, and disposal facilities; required permits to be for fixed terms not exceeding
10 years; terminated in 1985 the interim status of land disposal facilities that existed
prior to RCRA’s enactment, unless they met certain requirements; required permit
applications to be accompanied by information regarding the potential for public
exposure to hazardous substances in connection with the facility; and authorized EPA
to issue experimental permits for facilities demonstrating new technologies. EPA’s
enforcement powers were increased, the list of prohibited actions constituting crimes
was expanded, penalties were increased, and the citizen suit provisions were expanded.
Other provisions prohibited the export of hazardous waste unless the government of the
receiving country formally consented to accept it; created an ombudsman’s office in
EPA to deal with RCRA-associated complaints, grievances, and requests for informa-
tion; and reauthorized RCRA through FY88 at a level of about $250 million per year.
Finally, HSWA called for a National Groundwater Commission to assess and report to
the Congress in 2 years on groundwater issues and contamination from hazardous
wastes. The commission was never funded and never established, however.

2.3.7 POLLUTION PREVENTION ACT OF 1990

The Pollution Prevention Act of 1990 (PPA) was passed as part of the Omnibus
Budget Reconciliation Act of 1991. The measure declared pollution prevention to be
the national policy, and directed EPA to undertake a series of activities aimed at pre-
venting the generation of pollutants, rather than controlling pollutants after they are
created. Matching grants were authorized for states to establish technical assistance
programs for businesses, and EPA was directed to establish a Source Reduction
Clearinghouse to disseminate information. The Act also imposed new reporting
requirements on industry. Firms that were required to file an annual toxic chemical
release form under the Emergency Planning and Community Right-to-Know Act of