1. February 13, 2008 Scott Slesinger Environmental Technology Council 1 Suggested Improvements To EPA’s Implementation Of The Pollution Prevention Act

2. February 13, 2008 Scott Slesinger Environmental Technology Council 2 What Are Subtitle C Landfills ? Regulated Hazardous Waste Landfills With One Purpose To Not Expose Toxics To The Public Or The Environment Treatment Involves Solidification Or Binding Of The Hazardous Metals So They Do Not Release To Air, Water Or Land Subtitle C Landfills: Double Lined With Synthetic Liners Capped To Keep Out Precipitation Surrounded By Groundwater Monitoring Wells Monitored At Least Thirty Years After Closing Collecting Of All Leachate Which Is Re-treated

3. February 13, 2008 Scott Slesinger Environmental Technology Council 3  Our Customers Call Our Regulatory Requirements “Gold Plated” And “Wasteful And Overregulation.”  TRI Calls The Product Of This Regulatory Scheme, “Releases.”

4. February 13, 2008 Scott Slesinger Environmental Technology Council 4 Landfills And Releases Any Waste That Leaks Out Of Our Landfills And Compromises The Environment Is Not A Release. Double Counting.

5. February 13, 2008 Scott Slesinger Environmental Technology Council 5 EPA Promised That They Will Make Clear In The Report The Differences Between Subtitle C Disposal And Other Releases -- Example From A Sophisticated Evaluator Of Environmental Data Draft Taking Stock Equated Children’s Health With Releases And Pointed To Landfills As The Largest Releasers Of Suspected Carcinogens House Hearing On TRI And Environmental Racism Equated Releases And Particularly Subtitle C Landfills With Releases=Risk

6. February 13, 2008 Scott Slesinger Environmental Technology Council 6 Fix Count Leaks From Landfill Not Disposal In Engineered Landfills As Releases.

7. February 13, 2008 Scott Slesinger Environmental Technology Council 7 The Transfer Problem A Transfer To Energy Recovery A Transfer To Recycling A Transfer To Disposal

8. February 13, 2008 Scott Slesinger Environmental Technology Council 8 EPA’s Double Counting Problem EPA Violating The 'Law Of Conservation Of Mass’ Including Landfills And Under PPA Transfers As Off-Site Releases Caused A Double Counting Problem EPA Staff Backed Out The Data From All Companies That Send Wastes To Subtitle C Facilities Essentially Spilt The Difference Between Generators And Landfills Still Calls The Shipment For Further Treatment And Disposal A “Release” States, When Determining The “Biggest Releasers” By State Or County Must Do A Parallel Analysis

9. February 13, 2008 Scott Slesinger Environmental Technology Council 9 The Steel Company Conundrum Pre And Post Air Pollution Equipment

10. February 13, 2008 Scott Slesinger Environmental Technology Council 10 How The PPA Miscounts Recycling By A Lot Steel Send A Million Pounds To Joe Recycler Joe Has Now A Million Pounds Of “Transfer To Recycling” Joe Recycles 10 Pounds, Sends 900,000 Pounds To A Subtitle C Landfill And Spills The Rest In The River Steel Still Has A Million Pounds Transfer For Recycling

11. February 13, 2008 Scott Slesinger Environmental Technology Council 11 Using TRI Explorer For 2003 Data, We Found 79 Chemicals That Showed That 1.3 Billion Pounds Of Waste Sent For Recycling Off Site But Only 802 Million Pounds Of Those Chemicals Were Actually Counted As On Site Recycling.

12. February 13, 2008 Scott Slesinger Environmental Technology Council 12 The Market/EPA Incentive To Send To “Recyclers” What Is A Steel Company To Do Recycle!! Is Recycling Zinc The Right Answer? DSW Report Shows Otherwise Zinc Recycling Of Electric Arc Furnace Dust Uses 33.3 Million BTU Energy Per Ton Of Zinc Recovered More Than Mining For “Virgin” Zinc Proper Disposal Can Be The Best Environmental Outcome

13. February 13, 2008 Scott Slesinger Environmental Technology Council 13 40 CFR 372.85(c)(15) Implements the Statutory Requirements Requires Total Estimated Releases Of (A) Fugitive Or Non-point Air Emissions (B) Stack Or Point Air Emissions (C) Discharges To Receiving Streams Or Water Bodies; (D) Underground Injection On Site; (E) Releases To Land ON SITE”

14. February 13, 2008 Scott Slesinger Environmental Technology Council 14 Where We Should Report 40 CFR 372.85(c)(16) Requires transferors to report: “transfers of the chemical in wastes to off-site locations as follows: …(ii)(B) An estimate...transferred to each off- site location... and an indication of the type of treatment or disposal used.”

15. February 13, 2008 Scott Slesinger Environmental Technology Council 15 Suggested Changes -- Like The “Solution” to the Double Counting Problem, EPA Needs To Trace The Transfer To Recycling, Transfer For Energy Recovery And Transfers For Treatment. This Should Encourage The Generators To Actually Make Sure The Recycling Occurs.

16. February 13, 2008 Scott Slesinger Environmental Technology Council 16 Possible Fix Transfers Should Be Transfers Not Releases Avoids Double Counting Problem Recycling Should Be Encouraged When It Makes Sense