2
How Serious is the Problem?
It is worldwide in scope, affecting both
developed and developing nations
In the US, annual hazardous waste
generation is about 36.3 million tons per year
or 0.13 tons per person
Risks are nontrivial
e.g., Love Canal
3
Overview of Recent Policy
Resource Conservation and Recovery Act
(RCRA) of 1976 (Subtitle C)
Established ‘cradle-to-grave’ management;
delegated nonhazardous waste control to states
Hazardous and Solid Waste Amendments of
1984 (reauthorized RCRA)
Some shift toward waste reduction and improved
treatment
Strengthened standards
4
Overall Policy Approach (RCRA)
Command-and-control
Primary responsibility is at federal level (EPA)
Emphasizes waste management more than
source reduction (pollution prevention)
5
Components of Cradle-to-Grave
Management System
Identification of hazardous waste
A waste is hazardous if it falls into one of two categories
characteristic wastes: have attributes posing substantial risk
In the US, characteristics are: ignitability, corrosivity, reactivity,
toxicity
listed wastes: pre-identified by EPA as having met certain
criteria, such as the presence of toxic or carcinogenic
constituents.
National manifest system for tracking
Once wastes are ready for transport, generator must prepare a
document, called a manifest, that identifies the hazardous
material and all parties responsible for its movement
6
Components of Cradle-to-Grave
Management System (continued)
Permit system
This controls waste management for transport,
storage, and disposal facilities (TSDFs)
Standards for TSDFs
General regulatory standards: apply to all types of TSDFs
and control functions like inspections, emergency plans,
and participation in the manifest program
Technical regulatory standards: outline procedures and
equipment requirements for specific types of facilities
7
Evolving To Pollution Prevention
1984 amendments suggest some movement
toward prevention and away from land disposal
Land disposal of untreated hazardous waste is
essentially prohibited
Economic Analysis of
Policy
9
4 Elements of the Analysis
Risk-based uniform rules of identification
Benefit-based uniform standards
Failures of the manifest system
Market implications of the 1984 land
restrictions
10
Risk-Based Uniform Identification
Absence of risk-benefit analysis
Risk-based -- no consideration for balancing risk with
benefits of the material before it becomes waste
Result: allocative inefficiency
All waste materials are controlled with same stringency
regardless of their value to society
Identification criteria are applied uniformly
No adjustments allowed for degree of toxicity or for the
amount of waste that poses a hazard
Result: allocative inefficiency
Potential for underregulation of more toxic wastes and
overregulation of less toxic wastes
11
Benefit-Based Uniform Standards
Standards are benefit-based
No cost considerations
particularly problematic for long-term rulings such
as post-closure procedures
Result: allocative inefficiency
Standards applied uniformly
No consideration for site-specific differences
Result: cost ineffectiveness
12
Failures of Manifest System
Strict CAC no incentives
Solely benefit-based
No consideration for costs of administration,
compliance, etc.
Result: allocative inefficiency
Limited scope
only 4 - 5% of U.S. hazardous waste are moved off
site and therefore subject to manifest system
High compliance costs
Potential incentive to illegally dispose
13
Market Implications of 1984 Land
Restrictions
Landfilling had become predominant form of disposal
because it was believed to be a lower cost alternative,
due in part to scale economies
Error was that external costs were ignored
Policy response was 1984 land restrictions
Land use restrictions raise MPC, reducing landfilling
activity, which lowers external costs in that market
Issue: How is landfilling reduction achieved?
If through source reduction, society gains
If through alternative practice, such as incineration, the net
effect is unclear because that practice adds external costs
Effect of Land Restrictions
Source Reduction or Alternative Practice?
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Land Disposal Incineration
Unless the decline in external costs in the landfilling market is larger than the
increase in external costs in the incineration market, the land restrictions achieve
no net decline in external costs to society
Market-Based Policy
16
Waste-end Charge
A fee in place at time of disposal based on the
quantity of waste generated
To achieve efficiency, the charge must be set equal to the
MSC of hazardous waste services at the efficient output
level to cover MPC of the waste facility plus MEC from
associated pollution
Real-world examples
Australia, Austria, Belgium, and Finland charge a fee on
hazardous waste
35 U.S. states charge a tax on hazardous waste
Uncontrolled Hazardous
Waste Sites
Superfund
18
Overview of Policy
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) 1980 (Superfund)
Established CERCLIS, a national inventory of hazardous waste sites
CERCLIS is used to identify the worst sites and place them on National
Priorities List (NPL)
Established a $1.6 billion fund to clean up and recover damage
Superfund Amendments and Reauthorization Act (SARA) 1986
Reauthorized CERCLA
Increased fund to $8.5 billion
Mandated federal action on 375 sites within a 5-year period;
promotes permanent clean-up
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Overview of Policy (continued)
Small Business Liability Relief and Brownfields
Revitalization Act of 2001(known as Brownfields Act)
Amends CERCLA
Outlines exemptions from Superfund liability
Authorizes grant funding of up to $200 million annually for
assessment and abatement of brownfield sites
Abandoned or underutilized properties that are less
contaminated than Superfund sites, but redevelopment is
complicated by (potential) presence of contamination
*In 1995, over 24,000 sites were removed from the CERCLIS inventory as part of EPA’s Brownfields
Economic Redevelopment Initiative (aimed at promoting redevelopment of these sites.)
Sources: U.S. EPA, Office of Emergency and Remedial Response (April 2000), as cited by Council on
Environmental Quality (1998), p. 312, table 8.9 and updated online; U.S. EPA, Office of Solid Waste and
Emergency Response (April 1997).
21
Superfund Procedures
Response/Cleanup: National Contingency Plan (NCP)
The substance release is identified and the
National Response Center is notified
Site is listed in CERCLIS
EPA responds
Removal Action: to restore immediate control
Remedial Action: to achieve permanent solution
Hazard Ranking System (HRS)
If site gets a risk ranking > 28.50 out of 100 in the HRS,
it is placed on the NPL
22
Superfund Procedures (continued)
Response/Cleanup: National Contingency Plan (NCP)
Site is listed on the Construction Completion
List (CCL) when:
all immediate threats are addressed
all long-term threats are under control
Site is deleted from the NPL when the EPA
and the state jointly determine that no further
remedial actions are needed
Steps in a Superfund Cleanup
Source: U.S. EPA, Office of Solid Waste and Emergency Response (December 11, 2000).
24
Compensation and Liability
EPA has authority to force those responsible to
correct the problem and pay for damage
The law identifies potentially responsible
parties (PRPs) as:
Current or former owners or operators of a site
and all parties involved in disposal, treatment, or
transport of hazardous substances to site
Economically, the intent is to internalize the
externality
25
Emergency Planning
Title III of SARA
Public must be informed of production and
release of hazardous substances according to
Title III of SARA
Each state sets up an emergency plan in the event
of a hazardous release
Various reports about hazardous substances
are required by law
Resulting data forms the
Toxics Release Inventory (TRI) published annually by
EPA
Analysis of Policy
27
Assessing Superfund’s Performance
CERCLA of 1980 was a national failure
$1.6 billion cleaned up only 8 sites
Slow progress removing NPL sites
As of 2005, only 293 have officially been removed
from the NPL
Average cost of remedial action is $25 million per site
Problem of “how clean is clean”
Sites are brought to a uniform level of cleanliness
Debate is whether this decision should be risk-based
or benefit-cost based
28
Two Major Flaws in Superfund
1.Poor information and reporting practices
An initial lack of awareness about the extent of the
problem
Inadequate knowledge of abatement technology
29
Two Major Flaws in Superfund
2.Absence of market incentives
Feedstock taxes that financed Superfund were
targeted to be revenue producing, not as an
incentive to reduce use of hazardous materials
Definition of PRPs’ liability is disincentive for
individuals to come forward
Strict liability: a party is responsible even if negligence is
not proven
Joint and several liability: single party is responsible for
all damages even if contribution is minimal
Outcome is resource misallocation from cleanup to
litigation procedures