[CPEO-MEF] Defense Department waste

[Lenny Siegel <lennysiegel@gmail.com>]

Hazardous Waste: Information on How DOD and Federal and State Regulators
Oversee the Off-Site Disposal of Waste from DOD Installations

Government Accountability Office (38 pages)
GAO-08-74
November 13, 2007
(For the original of the following Summary as well as links to the full
document, go to
http://www.gao.gov/docdblite/details.php?rptno=GAO-08-74)

Military installations operated by the Department of Defense (DOD) can
generate hazardous waste during routine operations, such as the repair
and maintenance of weapon systems and equipment, or during an
environmental cleanup related to past operations. The proper disposal of
hazardous waste, especially when it is taken to an off-site location, is
essential to ensuring the health and safety of communities across the
country. This report describes (1) DOD's procedures for selecting
hazardous waste transporters and treatment, storage, and disposal
facilities, and ensuring that they properly dispose of hazardous waste;
(2) the role of the Environmental Protection Agency (EPA) and state
agencies in ensuring hazardous waste is disposed of safely and in
accordance with laws and regulations; and (3) the information that
facilities and regulators must publicly report regarding a release of
hazardous waste and the enforcement actions taken against facilities
found in violation of the applicable laws and regulations. GAO reviewed
applicable laws, regulations, and policies, and interviewed federal and
state officials. GAO does not make any recommendations in this report.
EPA generally agreed with the report, while DOD did not comment on the
report. Both agencies provided technical comments which were incorporated.

DOD primarily relies on private contractors to handle the off-site
disposal of hazardous waste generated by its installations and has
procedures aimed at ensuring that its contractors select appropriate
transporters and treatment, storage, and disposal facilities. The
procedures that DOD follows regarding the disposal of hazardous waste
depend on whether the waste was generated from routine operations or
from an environmental cleanup. For routine operations, DOD's preferred
process is for installations to rely on regional contracts awarded to
private firms by DOD's Defense Reutilization and Marketing Service to
manage the disposal process. These private firms must select hazardous
waste transporters and treatment, storage, and disposal facilities from
a DOD approved list. Similarly, for environmental cleanups, DOD relies
on contractors to manage the cleanup projects. However, unlike routine
cleanups, these contractors do not have an approved list from which they
can choose. Instead they are required to choose transporters and
facilities, with DOD oversight, that are to comply with the requirements
of environmental laws, such as having the appropriate permits. DOD is
not required by the Resource Conservation and Recovery Act (RCRA) to
oversee the physical operations of permitted facilities. That oversight
is conducted by EPA and authorized state agencies that have overall
responsibility for enforcing requirements designed to ensure these
facilities dispose of hazardous waste properly. EPA or authorized state
agencies issue permits required under RCRA to hazardous waste disposal
facilities and monitor the facilities' performance to ensure that these
facilities dispose of hazardous waste safely and in accordance with laws
and regulations. To ensure that treatment, storage, and disposal
facilities comply with their permits and other RCRA requirements, EPA or
the authorized state agency are required to inspect the facility every 2
years. If a violation is found, legal action, in the form of an
administrative order, a civil lawsuit, or a criminal lawsuit, may
follow, depending upon the nature and severity of the problem. Certain
federal laws, including RCRA, require facilities and regulators to
report some information to the public regarding hazardous waste releases
and enforcement actions against hazardous treatment, storage, and
disposal facilities. For hazardous waste releases, both EPA and the
facilities must report various types of information depending on the
hazardous waste involved, the amount released, and the type of facility,
among other things. For example, facility owners must report the
accidental release of a broad range of hazardous substances to local
emergency responders. For enforcement actions taken against the
facilities, EPA and authorized state agencies have few requirements for
reporting information publicly, but may provide some information about
the violation and any penalty imposed.

-- 


Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org





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