Document 4vjyrGQrGQ9B4LEYmdMewpL91

11416/13$? 13:55 CHEMICAL MFC ASSOC 202 887 1237 P.02 . 7TM t\n leged and coneidential "* ' 7. V*L- (11/10/67) TESTIMONY OF THE CHEMICAL MANUFACTURERS ASSOCIATION, UTILITIES SOLID WASTES ACTIVITIES GROUP AND NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION ON H.R. 3070 Before the House Subcommittee on Transportation, Tourism and Hazardous Materials November 18, 1987 INTRODUCTION The Chemical Manufacturers Association (CMA and^National cal Manufacturers Association (NEMA) appreciate th nity to appear here this morning. As members of tl.____ Consensus Group, we have worked closely with ERA to develop sound regulations under the Toxic Substances Control Act (TSCA) for control of activiti the efforts of the Consensus G elude representatives of the.Environmental Defense Fund and Natural Resources Defense Council, the TSCA RGB regulations have become a sound framework through which the Congreesion- pcSj al goal of controlled use and disposal is being successfully A S implemented. 11."'16-""87 11:36 MO.M05 PCB-ARCH-EXT0381458 11/16/1987 13:56 CHEMICAL MFG ASSOC 2 - 202 887 1237 P.0; Along with other members of the PCB Consensus Group - both the environmentel groups and other industry organiza tions including the American Association of Railroads and Hazardous Waste Treatment Council -- we have over the past year been addressing a variety of issues related to PCB dis posal. The FCB Consensus Group proposed to EFA this August specific regulatory language to amend the TSCA disposal rules in the areas of manifesting, intermediate activity permitting, and financial responsibility -- the same areas (X*\ that are addressed in H.R. 3070^* Wfe encouraged the Agency ----------~---------------------- -------------- * Tie* to work expeditloualy to adopt such changes.and thus welcome im _____ ' "TtfA ' the Agency's announcement^that a^rulemaking is now planned. \ ~*"N, IS*i v/ / e BACKGROUND OF THE PCB DISPOSAL ISSUES ADDRESSED IN H.R. 3070 . /< Because "--the sound framework^established in the ex isting PCB TSCA disposal rules, we believe the vast majority of all PCB-containing wastes in this country are currently being handled responsibly and safely. Because^the rules have been in effect, for more than a decade and have become well-understood by the regulated community, compliance with the rules is the norm In addition, the stability of the rules has encouraged investment in technologies that, con sistent with the rules, encourage and accelerate safe dis posal methods. Although there have been incidents of improper PCB dis posal -- some of them well-publicized -- we do not believe 1i/16/87 11:36 NO. 00; 003 202 88? 1237 P. 3 the cause of such incidents was an inadequate regulatory framework. In each of those instances, existing rules were being violated, EPA was aware of the violations, and the fault, if fault is to be found, is that enforcement fox* such violations was not swift and comprehensive We nonetheless agree with the concerns expressed by the sponsors of H.R. ?030 that some changes in the TSCA PCB dis posal rules would be appropriate to a-esure that sound man- PCB disposal activitiesuniversally. gkir-flruE*PA---thoee-~eharne~s. We also believe it important, as do the sponsors of H.R. 3070, that any such changes be implemented through TSCA rules rather than through transferring PCB disposal regula- \work. As EPA found when it was reviewing the possibility of \ moving PCB disposal to RCRA, the TSCA framework was specifiM rrally adopted to handle the unique features of^disposal ' and equipment in which a'fc-'t'w- contained, arid much would be lost If the current workable framework were eliminated. The P! Jr TSCA rule amendments ssed in H.R. 3070. 11 PCB-ARCH- 11/16/1987 13:57 CHEMICAL MFG ASSOC 202 887 12: P.05 4 - First, _ manifesting of PCB wastes be tween generators and disposal. Most PCB disposal is cur- VetarV*f\ ""T q/\ /<k rently manifested, c'and a requirement to that effect seems reasonable to twssure all such wastes are tracked. pk or.v"HA_D5 e,^ toflU! A c- ' Second, ^intermediate activitiescter be peiri(Tirbfrd. ^ persons crrrt^ntTy involved in treatment or dis posal of PC3s. -*t-permri^tad; extending such requirements to other persons involved in the disposal sys tem eeeme appropriate. Thi rd, ther`CtfFfsens^TS"f2b^u^..oarHrs-Tfor financial lOO J L.' f--* f~Pvi responsibility requirements in any TSCA PCB treatment, in termediate activity or disposal permit, EPA has been impos ing such requirements in permits for PCE disposal activi- ties; -assuring that such requirements are uniformly imposed seems appropriate. ---- Th^^-ecrrtSensus Group/^ropceal also address^'^two issues not 3070 It would re.^pir're notification to EPA of the location of commercial,dreas storing PCBs for I % -"V *l4r--#0*?' public notice of requests In proposing amendments to the TSCA disposal rules, the Consensus Group recognised the-re-'-we-t'e a number of detailed &A questions needed tateiss resoI^eri in order to develop meaningful regulations. For example, there is a need to de termine at what point in the disposal chain the manifesting requirements begin' exactly which -p^rrso-ee- should be 11/16/87 11:38 NO.005 00S 11/16/1987 14=00 CHEMICAL MFG ASSOC 202 887 1237 P.02 classified as intermediate activities,* and what types of fi nancial responsibility requirements make sense for each type of intermediate activity, treatment and disposal activity. EFA, too, recognized the need to look closely at these and other issues in theirr- September 18 response to the Consensus Grouj^. A iwt THE MERITS OF LEGISLATION ON PCS DISPOSAL REGULATION U* -> C ^ n Ol V* ` -1 EPA has already announced the initiation of a program that will lead to manifesting aid notification requirements for PCB disposal activities. The. Agency has further indi cated it will be providing uniform guidance lor financial responsibility requirements in permitting. Should EPA act ^c>c^W, expeditiously to accomplish these programs, thejrt> would be vjfjv * r h<y o. c iow- gu 'vh ? .L , H.P . 3070* aewmell-eh~ito-emd-e-r 1-y- sVftAvw^s-5 j ,We are a7S -1 j m'Qi-rev' l Kf <* ts concerned that passage of H.R. 3QJm r-gp 1 d, _ X>J>* <*4 ^cr^vi! **+ duwri progress toward TSCA regulatory charges. As noted above, a number of questions exist about how manifesting, permitting and financial responsibility requirements should V be implemented. We believe Mr~qtvirtsr-idke1 */ that, even were H.R. 3070 enacted, ^-he-re--wcruld- feeTTiSeTT'FOr EPA regulations w**\J. gi;l{ U. ~i~e> clarifyiMBHr and dotal '.-*} the statutory mandates. We do not want 4. utiVi EPA tiamp 1 wtr j it~rjfWrr irlr m i 11wp^r ~ determination of whether A " A 11/16/ 11:48 NO.00c 002 PCB-ARCH-EXT0381462 11-'16/1987 14:01 CHEMICAL MFC ASSOC 202 887 1237 P.03 6 - ^ -XJ ' nf'U*4 legislation ia twines forthcoming Rather, :e -vwwsipd hope TSCA regulatory amendments of the hyr-" v;e \ . >oo- d -wouM is- t hP i I iittnir Tfi ' fit . J '4*0$: tt rvc r sue sooUi ` ' . a. - >: ''hi' tYV^'l jJ5-n k -*" ^ - . -- TM , -v / iS l w t d all1 iNW.l^fchat`-tfagy^ss< 1 --iro t | PJ `f* ^frni C*^4<, . \v --te8t,ewant..i.thBB5^c^i!WS5 t ' *&4-aU. 4 ftty . sxirg^eww t vx.CciiM&l /'tnftj) 4 ' " I y v w >vU3 a^**' f^i f**<XV t&iL JS' . r* "fT :^V~^ -it /4tt.j ; ;,< ... ' * r\ if f5* - O 3o"la UJW. "' v 1 ,f d 'U' 6 O0 tt'ft fc.; jr : TA( "-1 #s *4 * f u4 M* ' i C. e* ' ft *\ >ie i% %** * :- . 4'-&, , 3 .ago W* ^ rt> jj 1 *r 11/16/ 11:41 NO. 0Q 363 TOTAL P.03 PCB-ARCH-EXT0381463