EPA Is Authorized to Modify Hazardous Waste Management Requirements in Regulating Cement Kiln Dust

RCRA specifically authorizes EPA to modify several requirements that apply to hazardous waste in regulating cement kiln dust. However, any modifications must ensure the protection of human health and the environment. EPA Has Not Determined If Dust From All Types of Kilns Should Be Regulated the Same

Even though EPA has determined that additional controls are warranted over dust from cement kilns burning hazardous waste as well as dust from those kilns that do not, it has not determined if it will impose the same standards or controls over dust from both types of kilns. Interim and possible final actions to reduce the current threat that cement kiln dust may pose at some facilities include requiring the cement kiln industry to adopt dust control standards without EPA’s first having to proceed through a lengthy regulatory development process and making greater use of existing regulatory authority to control cement kiln dust. One action EPA is considering to control this dust is the use of a cement kiln industry proposal called an enforceable agreement. After drafting the general terms of the agreement, the cement kiln industry has been working with EPA and other interested parties to negotiate what controls would be needed to protect human health and the environment. To determine whether EPA believes that dust from cement kilns that burn hazardous waste should be regulated the same as dust from those not burning such waste, we reviewed EPA’s Report to Congress on Cement Kiln Dust, its regulatory determination, and public comments received on that report as well as on other documents.
Why GAO Did This Study

Pursuant to a congressional request, GAO reviewed the Environmental Protection Agency's (EPA) decisionmaking process with respect to regulating cement kiln dust, focusing on: (1) EPA priorities in making its kiln dust determination; (2) whether EPA is authorized to modify hazardous waste management requirements in regulating cement kiln dust; (3) whether EPA believes that cement kilns burning hazardous waste should be regulated the same as those not burning hazardous waste; and (4) whether interim actions can be taken to control cement kiln dust.

What GAO Found

GAO found that EPA: (1) does not give as high a priority to making a cement kiln dust determination as developing standards for other wastes considered to be of higher risk; (2) has the statutory authority to modify its hazardous waste regulations to control cement kiln dust as long as the regulations adequately protect human health and the environment; (3) believes that cement kiln dust from both types of kilns could adversely affect human health and the environment, if improperly managed; (4) has not yet determined whether it will subject the dust from the two types of kilns to the same regulations; and (5) is considering interim actions to control cement kiln dust, such as making greater use of existing regulatory authority to enforce controls over the dust and entering into an agreement with the cement kiln industry to impose additional controls over the dust.