15 Nat. Resources L. Newsl. 1 (1982-1983)

handle is hein.journals/trends15 and id is 1 raw text is: 





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             EPA's Permitting
         Requirements for Land
             Disposal Facilities

             John T. Smith II, Esq.
                Washington, D.C.
On July 26, 1982, the Environmental Protection
Agency's (EPA) long-awaited regulations goverring
permitting of facilities for land disposal of hazardous
wastes appeared in the Federal Register. 47 Fed. Reg.
32,274 (1982). On their effective date, January 26,
1983, these regulations will govern permitting of new as
well as existing facilities though the court orders that
impelled their issuance only required promulgation of
regulations permitting of existing facilities. The regula-
tions cover surface impoundments, landfills, waste
piles and land treatment facilities. They do not cover
underground injection wells. For the covered facilities,
they effectively supersede the skeletal permitting regu-
lations promulgated on February 13, 1981, to provide
interim means for permitting of new facilities pending
the development of more elaborate standards. 40
C.F.R. Part 267. Moreover, they supersede regulations
governing storage and treatment in impoundments and
piles promulgated on January 12, 1981.40 C.F.R. Part
264, subparts K and L.
Background
EPA delivered these new regulations after extraor-
dinarily long and troubled labor. They emerged more
than four years after an unrealistic statutory deadline
and only after repeated prodding by a federal court.
Illinois v. Gorsuch (D.D.C. Civ. Action No. 78-1689).
A brief summary of EPA's travails is necessary to pro-
vide context for discussion of the new regulatory
package.
  EPA's original proposals, issued in December, 1978,
set uniform design requirements for land disposal
facilities subject to limited variances. 43 Fed. Reg.
58,946 (1978). They did not distinguish between new
and existing facilities. Most affected industries found
the regulations to be unduly rigid. The chemical in-
dustry estimated that application of these standards to
                            (continued on page 10)


           Highlights of the New
     National Contingency Plan for
     Parties Who May Be Liable for
     Chemical Waste Site Remedies
           Richard G. Stoll, Jr., Esq.
                Washington, D.C.

On July 16, 1982, the U.S. Environmental Protection
Agency (EPA) issued final revisions to the National
Contingency Plan (NCP) under the Comprehensive En-
vironmental Response, Compensation and Liability
Act (CERCLA or Superfund). 47 Fed. Reg. 31,180-
31,243. The new NCP contains provisions which are
highly important to those involved in chemical waste
site litigation. This is because the government must
follow the relevant provisions of the NCP to determine
the appropriate exte,,t of rrmedy whenever it seeks to
hold private parties liable for waste site remedial activity.
  In the following discussion, I will briefly discuss the
NCP in general. I will then discuss in more detail the
provisions of central relevance to chemical waste site
litigation.
General NCP Overview
Under CERCLA, the NCP is to provide the basic
regulatory framework and guidance for all federal
responses to releases of oil and hazardous substances.
Section 105 of CERCLA directs the President to
publish the NCP, and specifies the types of provisions
which must be included. The President has delegated
to EPA the authority to issue the NCP. Executive Order
No. 12,316, 46 Fed. Reg. 42,237.
  EPA published the final NCP as Part 300 of Title
40, Code of Federal Regulations (40 C.F.R. part 300).
Within Part 300, EPA subdivided the NCP into eight
subparts. Subparts A through D contain administra-
tive and organizational provisions, such as definitions
and intergovernmental roles. Subpart E contains the
regulatory framework for oil spill response, and is
largely a carryover from the old national contingency
plan for such spills which EPA had issued under sec-
tion 311 of the Clean Water Act.
                           (continued on page 14)


Copyright  1982 American Bar Association


Produced by the ABA Press

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