As a result, waste associated with cleanups (often referred to as remediation waste) must be managed under RCRA if it contains a hazardous component. Ultimately, applying the three requirements to remediation waste has led parties to base their choice of some cleanup remedies not on the risks posed by the waste, but on considerations of how to meet, minimize, or avoid the requirements, according to EPA and state cleanup officials. However, much remediation waste is lightly contaminated. Because these technological requirements were designed for facilities that manage waste from ongoing industrial operations (called process waste), they may be more stringent than necessary for some remediation waste, according to EPA and the majority of the state cleanup managers we interviewed. Consequently, parties may try to avoid triggering the permit requirement. Cleanup program managers from several states echoed these concerns. To allay these concerns, in 1996, EPA proposed new rules to more comprehensively reform RCRA’s requirements as they apply to remediation waste. Permit waivers do not apply to RCRA or state voluntary cleanups. Although Alternatives Provide Some Relief From RCRA’s Requirements, Managers Found Them Burdensome and Inefficient to Use

While most of the state managers we interviewed described these alternatives, such as the CAMU rule, as useful during cleanups, some managers were not aware of or did not understand all of the alternatives, questioned whether they were legally defensible, or found them burdensome and inefficient. Several industry and state cleanup managers acknowledged that they are somewhat uncomfortable applying these alternatives for fear that EPA or a third party may view the cleanup as not being in full compliance with RCRA’s requirements and may initiate a legal challenge. EPA estimated that these options could save parties conducting cleanups up to $2.1 billion in cleanup costs a year over the next few years. Therefore, EPA anticipates that any approach to comprehensive regulatory reform would result in prolonged legal battles that would delay cleanups. Conclusion

Three of RCRA’s hazardous waste management requirements, in particular—land disposal restrictions, minimum technological requirements, and requirements for permits—may be unduly stringent for a significant portion of the remediation waste that poses a lesser risk to human health and the environment. EPA has concluded that because stakeholders disagree on the extent to which waste should be exempt from RCRA’s requirements, as well as on EPA’s legal authority under current law to exempt waste from the requirements, the agency could not easily achieve comprehensive reform through the regulatory process. Scope and Methodology

To provide information on the requirements of the Resource Conservation and Recovery Act (RCRA) that pose barriers to managing remediation waste and the policies that the Environmental Protection Agency (EPA) has developed to mitigate those barriers, we reviewed applicable laws and numerous EPA documents, policies, and regulations. We also interviewed managers in charge of hazardous waste cleanup programs in EPA, nine states, and industry to obtain their views both on RCRA’s requirements and on the actions EPA has taken to mitigate barriers presented by the requirements. This group represents private waste managers.
Why GAO Did This Study

Pursuant to a congressional request, GAO provided information on: (1) the ways, according to the Environmental Protection Agency (EPA) and selected state program managers and industry representatives, that the Resource Conservation and Recovery Act's (RCRA) requirements, when applied to waste from cleanups (often referred to as remediation waste), affect cleanups; and (2) the actions EPA has taken to address any impediments.

What GAO Found

GAO noted that: (1) three key requirements under RCRA that govern hazardous waste management--land disposal restrictions, minimum technological requirements, and requirements for permits--can have negative effects when they are applied to waste from cleanups; (2) the requirements have been successful at preventing further contamination from ongoing industrial operations, according to EPA cleanup managers; (3) however, when the requirements are applied to remediation waste, they can pose barriers to cleanups; (4) because much remediation waste does not pose a significant threat to human health and the environment, subjecting it to these three requirements in particular can compel parties to perform cleanups that are more stringent than EPA, the states, industry, or national environmental groups believe are necessary to address the level of risk; (5) consequently, EPA and state program managers and industry representatives maintain, parties often try to avoid triggering the requirements by containing waste in place or by abandoning cleanups entirely; (6) in the late 1980s, when establishing national Superfund guidance, EPA recognized that these three requirements would make some cleanups more difficult and began developing policy and regulatory alternatives to give parties more flexibility in dealing with the requirements; (7) however, these alternatives do not address all of the impediments to cleanups, and some state cleanup managers were not always aware of or did not fully understand the alternatives, while others found them cumbersome to use and inefficient; (8) industry representatives were also concerned that because of the ways that some states are using these alternatives, EPA or a third party may challenge whether the cleanup fully meets RCRA requirements; (9) to allay these concerns, in 1996, EPA proposed a new rule to comprehensively reform remediation waste requirements; (10) the rule included a range of options to exempt some or all remediation waste from hazardous waste management requirements and to give states more waste management authority; (11) EPA had estimated that these options could save up to $2.1 billion a year in cleanup costs; (12) however, EPA recently decided that because stakeholders disagree over whether the agency can exempt remediation waste from the requirements, the agency would face a prolonged legal battle over the new rule; and (13) although areas of disagreement may still need to be addressed, EPA has concluded that the best way to achieve comprehensive reform is to change the underlying cleanup law.