Document RjYJjV8GJMErYj5bzyYEg09r7

PLAINTIFF'S EXHIBIT BWIilflf] AMERICA ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 December 1, 1980 MEMORANDUM FOR: SUBJECT: REFERENCE: Members Hazardous Waste Regulations Under RCRA Federal Register of November 25, 1980 Although the EPA has dropped asbestos from the list of hazardous wastes subject- to extensive regulation under Subtitle C of the Resource Conservation and Recovery Act, it did so with the cave'alt that delisting would only be temporary while the relationship between RCRA rules and other regulatory programs was examined. In light of the continuing possibility of relisting, the following overview of RCRA regulations is presented. The regulations would govern relevant activities of all generators and transporters of hazardous wastes, and all owners and operators' of hazardous waste treatment, storage, or disposal facilities. Initially, all such parties are required to notify EPA of their relevant activities and obtain an EPA identification number. As to generators and transporters, the regulations mandate the use of a manifest system to track shipments of hazardous waste, designate use of specific labels and containers, and set up re quirements for recordkeeping and reporting. Treatment, storage or disposal (T/S/D) facilities must make permit applications to the EPA or to an approved state program to continue operations. T/S/D facilities regulations are the most wide ranging and include requirements for continuation pf the manifest system, monitoring of wastes, financial liability, and facility closure and post-closure care. As listed on the interim final list before being dropped, asbestos would have been subiect to the hazardous waste regulations only in its "pure" form. Absent additional factors, such as the presence of other regulated wastes, manufacturing process waste which conha ins ssbfisj-ns was not subject to these regulations. Even so, the regulations contain a "small quantity generator" exemption from regulation. This exemption from the RCRA rules applies to any plant location which generates less than 1000 kg of hazardous waste per month. (over) CAPCO JEN 0010083 Page 2 Pertinent excerpt from preamble to final RCRA regulation is enclosed for information. This Association will continue to work with EPA to assure the development of efficient and reason able regulatory proposals. Nicholas J. Hluchy3>N Assistant for Government Affairs NJH/cn Enclosure CAPCO JEN 0010084 **8. I- . regulatory'effect ofI 28143 cures anyr-"' possible procedural deficiencies. The -pf. ; situation here thus is distinguishable- J- Z from those in such cases as US Steet'ZS: ; Corp. v.EPA, 595 F4d207 [5th Or, : - 1979). and :--F4d State ofNewJersey v. EPA, %Z. (D.C. Cir., 1980). where^# *. * * *'' V. XtJ interim final regulations became effective prior to opportunity for comment * ;-.i- V We are, however, more impressed"^ with the commenter's substantive- > ^ .j argument Certainly, duplicative .'.-xiv.tjfj-x regulation should be avoided where possible. We therefore are temporarily ", deferring final promulgation of the 'Z ns.V - listing of asbestos while we investigate further the relationship of theNESHAP ' and the RCRA management standards, x- j end the extent to which NESHAP .' * -* facilities afford comparable . , environmental protection in managing ~.. waste asbestos. One possible approach . - would be to grant NESHAP facilities a RCRA permit by rule, and apply substantive RCRA standards to 'Irr::; - - discarded asbestos up until the point of.. .. disposal.(See3 265.1(c)(1)and(2)and ? 112248 (a) and (b) where the Agency has adopted a comparable approach for - hazardous wastes also subject to ? regulation under the Marine Protection,. * ' Research, and Sanctuaries Act, and the / Underground Injection Control program approved or promulgated under the Safe,, J Drinking-Wafer Act). Another approach "would be integration of the .Toxic - ` Substances Control Act asbestos*tn-lhe- - ; schools program, the NESHAP program,"* ' and RCRA standards into a single 7->r ' regulatory program. The. NESHAP *: program will serve as a safeguard. V""-*, . against pollution problems resulting -- from asbestos disposal pending final -/>"' determination of this Issue. , .. % ' CAPCO JEN 0010085