Page 54 - Solid Waste Analysis and Minimization a Systems Approach

32 BACKGROUND AND FUNDAMENTALS OF SOLID WASTE ANALYSIS AND MINIMIZATION

1986 must also file a report detailing their source reduction and recycling efforts over
the previous year. A more complete description of the act, which addresses air and
water pollution as well as waste, is provided in the first section of this report.

2.3.8 FEDERAL FACILITY COMPLIANCE ACT OF 1992

The Federal Facility Compliance Act, 1992 (FFCA) amended RCRA with the primary
purpose of ensuring a complete and unambiguous waiver of sovereign immunity with
regard to imposition of administrative and civil fines and penalties on federal facili-
ties. It requires compliance with all federal, state, interstate, and local requirements in
the same manner and extent as any person. The objectives of the FFCA bring all fed-
eral facilities into compliance with applicable federal and state hazardous waste laws,
of waiving federal sovereign immunity under those laws, and of allowing the imposi-
tion of fines and penalties. The law also requires the U.S. Department of Energy
(DOE) to submit an inventory of all its mixed waste and to develop a treatment plan
for mixed waste. The FFCA has ten sections, concerning extent of waiver of sovereign
immunity, application of RCRA to radioactive mixed wastes, application to public
vessels, waste munitions and to federally owned treatment works. The language of
RCRA waiver of sovereign immunity prior to FFCA was unclear on whether federal
facilities had to pay civil and administrative penalties for violations of hazardous
waste provisions. Cases have involved the determination of whether federal facilities
have to pay penalties, even though there was no waiver of sovereign immunity.
Legislatively, there were many failed attempts at passing the act. But due to increas-
ing support for environmental movements and frustration at state regulatory agencies
that could not hammer federal facilities with fines and penalties, the act was passed in
1992. Key points of the FFCA are

■ All federal agencies are subject to all substantive and procedural requirements of
federal, state, and local solid and hazardous waste laws in the same manner as any
private party.
■ The sovereign immunity of the United States is expressly waived in all such cases.
■ Substantive and procedural requirements of such law include all administrative
orders, civil and administrative fines and penalties, and reasonable service charges
imposed for issuing and reviewing permits, plans, and studies, and inspecting
facilities.
■ Employees, officers, and agents of the United States may not be liable for civil
penalties under any such law for actions committed within the scope of that per-
son’s official duties, but such persons may be liable for criminal penalties.
■ The administrator of EPA is authorized to commence an administrative enforce-
ment action against any federal agency or department in the same manner as against
a private party.
■ Agencies must reimburse EPA for the required annual inspections of agency haz-
ardous waste facilities, and for EPA to conduct a comprehensive groundwater mon-
itoring at the first inspection of each such site conducted after October 6, 1992
(unless such an evaluation has been conducted within the preceding year).