2019 National Capacity Assessment Report
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National Capacity Assessment Report Pursuant to CERCLA Section 104(c)(9) December 17, 2019 U.S. Environmental Protection Agency [Page intentionally left blank.] Acronyms Used in this Report BIFs Boilers and Industrial Furnaces BR Biennial Report or Hazardous Waste Report BTU British Thermal Unit CA Cooperative Agreement CAP Capacity Assurance Plan CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulations EPA U.S. Environmental Protection Agency EPA ID EPA Identification Number FR Federal Register GM Form Waste Generation and Management Form LQG Large Quantity Generator RCRA Resource Conservation and Recovery Act, as amended SARA 1986 Superfund Amendments and Reauthorization Act SQG Small Quantity Generator SSC State Superfund Contract TSDFs Treatment, Storage, and Disposal Facilities VSQG Very Small Quantity Generator WR Form Waste Received from Offsite Form [Page intentionally left blank.] Table of Contents Executive Summary .................................................................................................................. i 1. Introduction ................................................................................................................. 1 Background..................................................................................................................................... 1 Purpose and Organization of Report .............................................................................................. 3 2. Data Development ....................................................................................................... 3 Biennial Report Overview............................................................................................................... 4 Baseyear Data................................................................................................................................. 5 Baseline Data .................................................................................................................................. 8 Projection Data ............................................................................................................................... 8 3. Methodology Issues .................................................................................................... 9 Compilation of Permitted Operating Capacity Data .................................................................... 10 Demand from Hazardous Wastes Requiring Specialty Management .......................................... 10 Demand from Facilities Generating Small Amounts of Hazardous Wastes ................................. 10 Demand from Foreign Imports and Exports................................................................................. 11 Demand from Wastes that are Not RCRA Federally-Defined Hazardous Wastes ........................ 11 4. Discussion of the National Capacity Assessment ...................................................12 Aggregation of National Baseyear Data ....................................................................................... 12 National Assessment of Future Capacity ..................................................................................... 20 5. Conclusions ...............................................................................................................27 6. References .................................................................................................................29 Appendix A Commercial Hazardous Waste Management Facility Data ...............................31 Appendix B RCRA Federally-Defined Hazardous Waste Management Facilities .................41 Appendix C CAP Management Categories ...........................................................................133 Appendix D Methodology for Estimating Demand on Hazardous Waste Capacity ........... 145 Appendix E Hazardous Wastes Shipped to and Received from Foreign Countries (Hazardous Waste Exports and Imports) ..........................................................169 Appendix F 2017 Biennial Hazardous Waste Report Data Considerations ........................ 181 [Page intentionally left blank.] Executive Summary The need for Capacity Assurance is driven by Section 104(c)(9) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund law. The provision, enacted in the 1986 Superfund Amendments and Reauthorization Act (SARA), requires that, prior to the U.S. Environmental Protection Agency (EPA) providing funding for any remedial actions, a state must assure the availability of hazardous waste treatment or disposal facilities that have adequate capacity to manage the hazardous waste expected to be generated within the state over 20 years. The Congressional intent of this requirement is to assure that hazardous waste management capacity is available to avoid improper disposal and waste management issues. To help states fulfill this statutory requirement, a planning process was developed by a workgroup comprised of state, EPA, regulated industry, and environmental representatives. The planning process begins with EPA collecting data on waste treatment and disposal capacity, and the demand for this capacity nationwide. EPA refers to the Hazardous Waste Report (also known as the Biennial Report or BR), permit data in the RCRAInfo data system1, hazardous waste export data, and Internet research results. EPA also communicates directly with a limited number of the hazardous waste management facilities being examined to verify and supplement its data and estimates. EPA then compares the national hazardous waste treatment and disposal capacity to the demand for this capacity. EPA examines wastes managed onsite and shipped offsite for management at facilities under the same ownership (captive) and at commercial management facilities. The Agency’s 2019 assessment focuses on the nation’s capacity for energy recovery, incineration, and landfilling at commercial facilities because such facilities are often costly, difficult to permit, and are essential for managing much of the nation’s hazardous waste.2 The assessment indicates that there exists adequate capacity nationwide through December 31, 2044. Therefore, the assurance that there exists adequate capacity to manage 20 years of hazardous waste generation would expire on December 31, 2024. The statutory planning exercise to assess the capacity for the treatment and disposal of hazardous waste generated for the next 20 years goes well beyond the normal permitting periods, which are typically 5 to 10 years. The uncertainties of the permitting and permit renewal processes are inherent in any long-term projected needs for capacity. Because states typically permit the treatment and disposal facilities, and are also required to provide the CERCLA assurance to EPA, it is critical that states be engaged in the ongoing analysis of national capacity. EPA also believes that involvement by all stakeholders, including the public and the waste generation and management sectors, at both the national and state level is important regarding issues related to hazardous waste management practices and the development of hazardous waste management programs. For these reasons, EPA has provided the 2019 national capacity assessment, the analytical methodology, and data used in the analysis on EPA’s Capacity Assurance Planning web page to solicit comments for consideration in future capacity assessments. Documents used as the basis for the national capacity assessment are also posted on the web page. 1 RCRAInfo is a national database used by EPA to track entities regulated under Subtitle C of RCRA. 2 In recent years, several companies have chosen to shut down onsite waste management operations, so the commercial hazardous waste management industry is integral to many manufacturing and service sectors which rely on the ability of the commercial hazardous waste management sector to properly treat and dispose of wastes generated when producing products and providing important services here in the U.S. i [Page intentionally left blank.] ii 1. Introduction Background The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund law, was amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986. These amendments include the provisions under Section 104(c)(9) that require states to assure the availability of hazardous waste treatment or disposal facilities that have adequate capacity to manage the hazardous waste reasonably expected to be generated within the state over 20 years prior to the President providing funding for any remedial actions. The President delegated the authority to determine adequacy to the EPA Administrator. The capacity assurance requirement took effect three years after the enactment of SARA and must be provided in any State Superfund Contract (SSC) or Cooperative Agreement (CA) entered into between the state and EPA. Therefore, after October 17, 1989, no new Superfund remedial actions have been funded using federal remedial action resources without a state first entering into an agreement providing an assurance of capacity deemed adequate by EPA. CERCLA Section 104(c)(9) (9) Siting. Effective 3 years after the enactment of the Superfund Amendments and Reauthorization Act of 1986, the President shall not provide any remedial actions pursuant to this section unless the State in which the release occurs first enters into a contract or cooperative