Hazardous Waste and Nuclear Waste
Class #5
Homework:
No homework for next class, but should be working on case study and research paper.
Superfund – the price of our past mistakes.
1. Announcements
Homework #4 is due before proceed with Class #5. If not completed, stop and do so now. Submit to Professor Auberle and me.
2. Current Events
3. Superfund: : The price of our past mistakes
a. RCRA Corrective Action
Gen à Trans à TSD [Well]
Hypo: TSD leaks. Who should pay?
RCRA Corrective action
TSD: Bankrupt? Financial assurances
Generator storage permit?
Not to RCRA TSD?
Pre RCRA facility Leaking?
Who should pay?
Legal or illegal?
Hypo: Midnight dumping Who should pay?
CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act
1980, primarily to address problem of abandoned hazardous waste sites.
Purposes of CERCLA:
Give fed gov’t tools for prompt and effective response (One of tools is creation of fund of money (Superfund) that can be used by EPA to investigate and cleanup sites
Those responsible for problems bear costs for remedying
Fair allocation of liability among potentially responsible
CERCLA action:
Broader scope than other federal environmental statutes. Deals with all environmental media (air, surface water, groundwater, soil). Triggered by:
Release or threat of release
into the environment
of a hazardous substance or pollutant or contaminant
Hazardous substance = any substance designated for special consideration under CAA, CWA, TSCA and any hazardous waste under RCRA. EPA also designates as hazardous substances which "may" present substantial danger to health and the environment. >700 hazardous substances and 1500 radionuclides. Congress only excluded two types substances: Petroleum and Natural Gas
CERCLA Action
Pollutant or contaminant = any other substance which "will or may reasonably be anticipated to cause" any type of adverse effects in organisms and/or their offspring. Again, petroleum and natural gas excluded. Why need definition hazardous waste? While EPA can respond to either, private parties only liable for cleanup costs related to hazardous substances. Also, CERCLA provision requiring report to EPA if "release" only applies to hazardous substances.
CERCLA Action
Release = Broadly defined so any way substance can enter environment is covered. Only exclusions: workplace exposures (covered by OSHA), vehicular exhausts, certain radioactive contam covered by other statutes, and "normal" application of fertilizer. Also "federally permitted release" concept where EPA full authority to respond, but private parties neither have liability nor obligated to report to EPA.
CERCLA Action
Environment = Broadly defined. Includes all surface waters, groundwaters, drinking water supplies, land surface or subsurface strata, and ambient air within US jurisdiction. Probably not apply to "indoor air".
CERCLA Action
CERCLA system:
Is it an Emergency? (Imminent threat) If so, EPA can spend money from "Superfund" to remove imminent threat.
Preliminary assessment site investigation/Hazard ranking assessment (>32,000 sites in CERCLA inventory, about ½ no further action.) Superfund pays
Worst sites put on National Priority List (NPL) (about 1200 sites on current NPL) Money from Superfund can be used to investigate and cleanup NPL sites
CERCLA Process
RI: Characterize nature, extent and rate of release (used for Risk Assessment: exposure scenaria, assumptions, acceptable risk à used for decision on cleanup levels [How clean is clean]
FS: Evaluate alternatives and identify preferred remedy
Interim Action
Proposed Plan
Public Comment
Record of Decision
RD/RA
O&M/Long term monitoring
5 year reviews
Comparison CERCLA/RCRA
Who pays?
Superfund can (emergency and NPL)
Potentially Responsible Parties (PRPs)
Reimburse fund
Direct
Slide #14: PRPs Who is liable (PRP)? Note: only applies to hazardous wastes, not pollutant or contaminant
Current owners or operators of the site
Past owners or operators of the site
generators of hazardous waste who arranged for the wastes to be disposed at the site, and
transporters of hazardous waste who arranged for the transportation of hazardous substances to the site.
CERCLA Liability is
Retroactive (liable for events before 1980)
Strict (legal, fault, etc. not matter)
Joint and Several (any one may be liable for all)
Limited defenses. One added in 1986 is for owner who acquires after disposal. Must show all reasonable efforts to minimize liability and still did not know and had no reason to know that disposal took place. (Innocent landowner defense)
Liability for cleanup costs and natural resource damages (but not personal injury types of damages. Perhaps will be under other legal theories)
Allocation among PRPs (at one point reported that of $10 billion spent to that time on CERCLA actions, 32% to lawyers.
Among categories
Among generators
Factors: see case study
Query insurance for liability?
Reminder: Current event topics.
ENV 410C - Lectures