3.12.0 MISCELLANEOUS ENVIRONMENTAL CONSIDERATIONS

3.12.1 HAZARDOUS SUBSTANCES-SOLID WASTE

Proper solid waste disposal, as with clean air and safe drinking water, is a necessary service based on current solid waste treatment and disposal technologies and must be properly transported, contained, and located. Locations and capacities of solid waste landfills are largely controlled by State and local governments while the determination of the technical definition of what constitutes “solid waste” is regulated by the U.S. Environmental Protection Agency (EPA). “Solid waste” falls under the least restricted category of wastes as classified by the EPA from most to least immediately detrimental to the environment:

Hazardous waste: (toxics, ignitables, explosives, corrosives, biological

hazards, radioactives, and others)

Special waste: (certain less hazardous petrochemicals, asbestos, and others)

Solid waste: (all other waste streams)

Some critical solid waste factors involved with prospective Rural Development projects consist of:

(1) proper construction of solid waste landfills; (2) undesirable location next to or near solid waste landfills; and (3) excessive development using the services of solid waste landfills. These aspects should be analyzed as follows:

(1) Construction should be in strict accordance with applicable EPA, State, and local requirements;

(2) Siting should be in accordance with National Environmental Policy Act (NEPA) criteria for public involvement and notification as well as Executive Order 12898 requirements for “Environmental Justice”; and

(3) Distances to and potential capacity impacts on existing solid waste facilities should be reasonable. 

Rural Development personnel involved with loan making should endeavor to properly identify and analyze all such issues as appropriate.

Uncontrolled waste sites present environmental risks, requiring management to prevent serious degradation of air, water, soil, etc. Hazardous wastes such as toxic substances, caustics, pesticides, flammables, corrosives, explosives, and radioactive wastes should be disposed of properly. Additionally, non-hazardous waste materials should also be disposed of in an environmentally sound manner.

The U.S. Environmental Protection Agency has been charged with the

federal responsibility for controlling and eradicating solid waste problems under Subtitle D of the Resource Conservation and Recovery Act. EPA has promulgated standards for existing and new municipal solid waste landfills thus regulating all aspects of materials

permitted to be disposed of in this manner.

Rural Development should not authorize, fund, or carry out any proposed action which would adversely affect the public health or environment through an illegal procedure or otherwise undesirable aspect of waste management. Whenever a proposed action is determined to have the potential for impacting a Federal or State controlled waste management plan, the Department of the Environment should be consulted as early in the environmental impact analysis process as possible to evaluate the possible consequences and protection requirements concerning the action.

Additionally, Rural Development employees should attempt to insure the siting of such facilities is in accordance with National Environmental Policy Act (NEPA) criteria for public involvement and notification as well as Executive Order 12898 requirements for

“Environmental Justice.

Federally regulated waste streams fall into four general categories

(radioactive waste, hazardous waste, special waste, and solid waste) of which “solid waste” may be considered the least dangerous. Solid waste designated for disposal is divided into two categories:

(1) Permitted.

(2) Not permitted.

Governing Federal Regulations.

(A) Resource Conservation and Recovery Act of 1976, as amended.

 (B) Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended.

(C) Federal Insecticide, Fungicide, and Rodenticide Act.

(D) Atomic Energy Act of 1954, Section 274 U.S.C.

(E) U.S. Executive Order 11514, Protection and Enhancement of Environmental Quality.

(F) National Environmental Policy Act, 42 U.S.C. 4321.

(G) Title 7, Part 1b and 1c, Code of Federal Regulations, U.S. Department of Agriculture’s National Environmental Policy Act.

(H) Executive Order 12898, “Environmental Justice”.

Other References.

(1)  U.S. Environmental Protection Agency. Office of Solid Waste, home page (Web-site) http://www.epa.gov/osw/

(2) Marshall Brain’s How Stuff Works. “How Landfills Work”

(Educational web-site discusses the function and operation of a solid waste landfill)

http://www.howstuffworks.com/landfill.htm

Scrap Tires

http://www.epa.gov/reg3wcmd/solidwastetires.htm

States and municipalities throughout Region 3 are working to actively address the growing scrap tire problem in the Mid-Atlantic.