Analysis - The Institute for Southern Studies

2C. RCRA Regulatory Options Evaluated in this RIA
This RIA evaluates three RCRA regulatory options which are defined with reference to the two alternative regulatory authorities --- Subtitle C
and Subtitle D --- contained in EPA’s 1976 RCRA waste management statutory authority:
Option 1:
RCRA Subtitle C “special waste”:
Regulate CCR disposed in landfills and surface impoundments as “special wastes” under Subtitle C, and require
phase out of surface impoundments within five years. This approach:
Eliminates health risks from groundwater and surface water contamination for both landfills and surface
impoundments, and avoids damages from uncontrolled ground “fill” operations (e.g., Gambrills MD and
Chesapeake VA) and attendant environmental remediation costs.
Eliminates the future threat of catastrophic failures of surface impoundments.
Provides for corrective action, including at closed units at facilities with surface impoundments or landfills
regulated under the rule, and imposes groundwater monitoring requirements.
Provides for Federal oversight, which EPA experience has shown is necessary for successful implementation of
RCRA industrial waste regulations, especially as it relates to ground-water monitoring and corrective action,
when needed. Without Federal oversight, it is highly questionable whether CCR will be properly managed,
considering EPA’s experience with the RCRA program of the last 10 years, which illustrate the limited results
that could be expected of a Subtitle D rule.
Option 2: RCRA Subtitle D “non-hazardous” industrial waste (version 2):
Liners required for all (i.e., existing and future new) CCR surface impoundments but only for new landfills.
Subtitle D requirements would set national criteria for landfills and surface impoundments that manage CCR
after the rule goes into effect. For any CCR landfills and impoundments that closed before the effective date,
there would be no regulatory controls over those units, unless the states choose to adopt controls over such units.
Also, all surface impoundments (existing and new) would need to have composite liners within 5-years of the
effective date. Consistent with the Subtitle C approach, existing landfills would not need to be lined.
Requirements would not be enforceable by EPA or the states (unless states had similar requirements under state
law). Lack of enforcement and Federal oversight may significantly reduce compliance and effective
implementation of regulatory requirements.
Although this option does not require phase-out of existing surface impoundments, it could cause some phase-out
because all surface impoundments would need to have composite liners by a certain date, or they would need to
close down, assuming the rule is effectively implemented by the states.
Eliminates some ground-water contamination over the current situation (e.g., because of surface impoundment
retrofitting), thus avoiding some damage cases, again assuming effective implementation.
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