THE IMPORTANCE OF ACCESS TO INFORMATION ON HAZARDOUS WASTE
Testimony Presented at the Joint Public Hearing on the Need for Communit Health Information on Toxic Substances and Hazardous Waste, Held by The Office of the Assistant Majority Leader, the Assembly Standing Committee on Health, and the Assembly Standing Committee on Environmental Conservation
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May 4th, 1984
* By Benjamin A. Goldman and Robert A. Michaels, Ph.D.
*
Robert A. Michaels is presently Director of Environmental Toxicology at Envirologic Data, P.O. Box 1438, Portland, ME 04104, (207)° 773-3020
COUNCIL ON ECONOMIC PRIORITIES
84 Fifth Avenue 0 New York, N.Y. 10011 0 212/691-8550
CONTNENTS PAGE
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Appendices Summary of Statistical Findings
New York City Hazardous Waste Treatment, Storage, and Disposal Facilities
Information Key
THE IMPORTANCE OF
ACCESS TO INFORMATION ON HAZARDOUS WASTE
By Benjamin A. Goldman and Robert A. Michaels, Ph.D.
I WOULD LIKE TO THANK THE OFFICE OF THE ASSISTANT MAJORITY LEADER AND THE ASSEMBLY STANDING COMMITTEES ON HEALTH AND ENVIRONMENTAL
CONSERVATION FOR ALLOWING US TO PRESENT TESTIMONY ON THE IMPORTANCE OF
ACCESS TO INFORMATION ON HAZARDOUS WASTE.
TRACKING POLLUTANTS FROM CRADLE TO GRAVE AND DETERMINING THEIR HEALTH IMPACTS ENROUTE INVOLVES VAST AMOUNTS OF DATA. AN IDEAL INFORMATION SYSTEM WOULD ENABLE THE IDENTIFICATION OF ALL SOURCES AND ALL TYPES OF WASTES, THE PATHWAYS THEY TRAVEL THROUGH THE ENVIRONMENT, THE RISKS THEY POSE TO PUBLIC HEALTH, AND THE CORRELATION OF CERTAIN ILLNESSES OR DEATHS WITH PARTICULAR CONTAMINANTS. THOUGH ENORMOUSLY COMPLEX, THE TASK IS FEASIBLE. ‘THE DANGER POSED TO COMMUNITIES AND ENVIRONMENTS BY MISMANAGED HAZARDOUS WASTES WARRANTS CONCERTED EFFORTS
TO INSTITUTE A RELIABLE INFORMATION SYSTEM.
GOVERNMENT HAS MIRRORED THE INTRICACY OF THE TOXIC WASTE INDUSTRY
WITH A PATCHWORK OF OVERLAPPING LEGISLATION AND REGULATORY AGENCIES.
AMERICANS HAVE THE RIGHT TO KNOW WHETHER THEIR NEIGHBORHOODS, WORKPLACES,
AIR AND WATERS ARE BEING CONTAMINATED, YET WITHOUT AN EFFICIENT
INFORMATION SYSTEM, NO ONE WILL KNOW.
THE ESSENCE OF THE PROBLEM IS THREEFOLD: DATA MUST BE GATHERED
ACCURATELY AND COMPREHENSIVELY, PROCESSED TO REVEAL ITS SIGNIFICANCE,
AND COMMUNICATED EFFECTIVELY TO INDUSTRY, THE PUBLIC, AND WITHIN THE
GOVERNMENT. DUE IN PART TO CURRENT FISCAL CONTRAINTS, EXACERBATED BY
THE REAGAN ADMINISTRATION'S NEW FEDERALISM WHICH PUSHES FOR STATE
TAKE-OVER OF HAZARDOUS WASTE PROGRAMS WITHOUT PROVIDING ADEQUATE FUNDS,
REGULATORY AGENCIES IN NEW YORK, AS WELL AS NATIONWIDE, ARE APPARENTLY
HAVING DIFFICULTIES PERFORMING THE THREE ESSENTIAL FUNCTIONS OF
GATHERING, PROCESSING, AND COMMUNICATING INFORMATION.
AS A RESIDENT OF NEW YORK CITY, WHOM SHOULD I CALL IF I SEE A
TRUCK UNLOADING DRUMS INTO A VACANT LOT, OR POURING OILY LIQUIDS
ONTO THE SIDE OF THE ROAD, OR IF MY TAP WATER STARTS TASTING AND
SMELLING ODD JUST BEFORE I BECOME ILL?
LAST YEAR, A LANDLORD IN THE BRONX FOUND SIX- TO SEVEN-HUNDRED
55-GALLON DRUMS IN AN ABANDONED, OPEN WAREHOUSE THAT HE OWNED.
SPECIAL HAZARDOUS MATERIALS UNITS OF THE FIRE AND POLICE DEPARTMENTS
WERE CALLED TO INVESTIGATE AND FOUND THE DRUMS CONTAINED CORROSIVE,
FLAMMABLE, AND COMBUSTIBLE WASTES. NEXT DOOR WAS A BINGO HALL.
A HIGH SCHOOL WAS JUST DOWN THE BLOCK, UNDOUBTEDLY THERE WERE SOME
STUDENTS WHO OCCASIONALLY LOOKED FOR A NICE EMPTY BUILDING TO CATCH A
SMOKE IN. IF THE MATERIAL CAUGHT FIRE, AN EVACUATION OF THE NEARBY
MAJOR DEEGAN EXPRESSWAY WOULD HAVE BEEN REQUIRED. FORTUNATELY,
OFFICIALS DID NOT HAVE TO USE THE RESOURCES OF AN ESTABLISHMENT
ACROSS THE STREET — A FUNERAL HOME. THE NEW YORK STATE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION (THE DEC) AND THE FEDERAL ENVIRONMENTAL
PROTECTION AGENCY COORDINATED AN EMERGENCY EFFORT TO CLEAN UP THE
SITE.
IN A SITUATION WITH SUCH URGENT NEED FOR INFORMATION, ONE
WOULD PROBABLY CALL THE POLICE OR FIRE DEPARIMENTS, BUT IN LESS
IMMEDIATE CIRCUMSTANCES, WHO SHOULD ONE CALL: THE CITY DEPARIMENTS OF
ENVIRONMENTAL PROTECTION OR HEALTH OR SANITATION, THE STATE DEC OR
DEPARTMENT OF TRANSPORTATION, THE FEDERAL EPA OR DOT? ALL HAVE SPECIAL
HAZARDOUS MATERIALS UNITS BUT VARY SIGNIFICANTLY IN RESPONSIBILITY AND
CAPACITY TO ANSWER INFORMATION REQUESTS.
I'VE TRIED TO FIND OUT WHAT TRAFFIC ACCIDENTS IN NEW YORK CITY
INVOLVED TRUCKS CARRYING HAZARDOUS WASTES. THE FIRE DEPARIMENT DIDN'T
KNOW, THE POLICE DEPARTMENT DIDN'T KNOW, THE CITY DEPARTMENT OF
TRANSPORTATION (OR DOT) DIDN'T KNOW, THE STATE DOT'S CITY OFFICE DIDN'T
KNOW, IT'S ALBANY OFFICE DIDN'T KNOW, THE FEDERAL DOT'S REGIONAL OFFICE
DIDN'T KNOW. IN THE END, I WAS TOLD TO TRY WRITING A FREEDOM OF
INFORMATION ACT REQUEST TO THE FEDERAL DOT'S WASHINGTON BUREAU, BUT I
DIDN'T BOTHER. THE DEPARMENT OF TRANSPORTATION ONLY INSPECTS VEHICLES
CARRYING HAZARDOUS PRODUCTS LIKE GASOLINE, BUT NOT HAZARDOUS WASTES.
IN EPA'S "HAZARDOUS WASTE MANAGEMENT DATA SYSTEM," THERE ARE NO
RECORDED VIOLATIONS OF TRANSPORT REGULATIONS. THIS APPEARS ENCOURAGING,
YET DOESN'T ACTUALLY INDICATE A PERFECT RECORD; RATHER, IT INDICATES
THAT NO AGENCY INSPECTS VEHICLES TRANSPORTING HAZARDOUS WASTES. EPA RELIES ON THE STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO PERFORM INSPECTIONS, BUT THE DEC INSPECTS TRANSPORTATION TERMINALS
ONLY, AND NOT MOVING VEHICLES.
THE FEDERAL DOT'S ALBANY OFFICE TOLD US THEY RELY ON MOTOR CARRIERS THEMSELVES TO REPORT ACCIDENTS AND UNINTENTIONAL RELEASES OF HAZARDOUS WASTE, CLAIMING THAT 75% GET REPORTED. WITHOUT RANDOM INSPECTIONS, HOW CAN AN AGENCY KNOW WHAT PERCENT OF RELEASES IS REPORTED, AND HOW CAN IT POSSIBLY STOP ILLEGAL ACTIVITIES? ACCORDING TO THE ASSEMBLY'S OWN TASK FORCE, MOST INSTANCES OF CRIMINAL MIDNIGHT DUMPING AND SP_IKING FUEL OILS USED IN THE BOILERS OF RESIDENTIAL OR COMMERCIAL BUILDINGS WITH HAZARDOUS WASTES ARE PERPETRATED BY TRANSPORTERS. GAPS IN THE ABILITY OF REGULATORY AGENCIES TO GATHER RELIABLE INFORMATION
MAY ALLOW A TENUOUS SITUATION TO APPEAR SAFE.
THE RECENT DISCOVERY OF HIGH LEVELS OF PCBs IN THE PENNSYLVANIA AVENUE LANDFILL ACROSS FROM THE STARRETT CITY APARTMENT COMPLEX IN
BROOKLYN REVEALS THE LACK OF INFORMATION REGARDING HAZARDOUS WASTES
NOT ONLY IN TRANSIT, BUT ALSO THOSE THAT HAVE REACHED THEIR FINAL DESTINATION. THOUGH THE ILLEGAL PCB DUMPING SCHEME WAS UNCOVERED ORIGINALLY IN L982, THE CONTAMINATION WAS FIRST DETECTED TWO MONTHS
AGO. EPA'S 1983 ENVIRONMENTAL STATUS REPORT FOR THE STATE OF NEW
YORK PLACES A HIGH PRIORITY ON IMPROVING THE INADEQUATE REGULATION OF MUNICIPAL LANDFILLS AND OPEN DUMPS. SOLID WASTE LANDFILLS ARE PROHIBITTED FROM ACCEPTING HAZARODUS WASTES, YET SUCH PRACTICES TOOK PLACE REGULARLY BEFORE THEY WERE OUTLAWED, AND MAY STILL TAKE PLACE ON A CONTINUAL BASIS. 40% OF UNCONTROLLED SITES ON THE SUPERFUND
NATIONAL PRIORITY LIST ARE LANDFILLS.
THE STATE'S PRIORITY LIST INCLUDES TWO LANDFILLS IN NEW YORK CITY: ONE IS RIGHT NEXT TO THE PENNSYLVANIA AVENUE LANDFILL AT STARRETT CITY. SEVERAL HUNDRED THOUSAND GALLONS OF HAZARDOUS WASTE WERE ILLEGALLY DUMPED THERE. THE EDGEMERE LANDFILL IN QUEENS IS THE OTHER SITE, WHERE 3,000 DRUMS OF ORGANIC CHEMICALS WERE FOUND. WITHOUT REGULAR INSPECTIONS AND IMPROVED GROUNDWATER MONITORING, ACTIVE LANDFILLS ARE LIKELY TO BECOME UNCONTROLLED SITES. IN THE MEANTIME, INADEQUATE GROUNDWATER MONITORING AT LAND DISPOSAL SITES CAN LEAD TO A FALSE SENSE OF SECURITY, THOUGH CONTAMINATION HAS ALREADY TAKEN PLACE. THE LANDFILL THAT'S NOW LEAKING PCBs INTO JAMAICA BAY COULD
WELL BE THE NEXT SITE LISTED FOR PRIORITY CLEAN-UP.
THE STATUS REPORT ALSO EMPHASIZES CONCERN OVER THE POOR CORRECTION
RATES OF CLASS I VIOLATIONS, OR "THOSE THAT POSE DIRECT AND IMMEDIATE
HARM OR THREATS OF HARM TO PUBLIC HEALTH AND THE ENVIRONMENT," STRESSING
THAT NEW YORK REGULATORY AGENCIES HAVE FAILED TO ENFORCE GROUNDWATER
MONITORING AT HAZARDOUS WASTE FACILITIES AND THE SUBMISSION OF FINANCIAL
INSTRUMENTS TO COVER LIABILITY COSTS SHOULD A LEAK BE DETECTED. EPA'S
NEW YORK DATA HOWEVER, DOES NOT YET DISTINGUISH CLASS I VIOLATIONS
OCCURRING IN NEW YORK FROM LESS SERIOUS ONES, EVEN THOUGH VIOLATIONS
HAVE BEEN CLASSIFIED BY SEVERITY SINCE 1981. PRESENTLY, THE
DEFINITION OF A VIOLATION'S DEGREE OF HAZARD IS BEING REEVALUATED.
SO NOW EPA SAYS THE DEC INSPECTOR DETERMINES A VIOLATION'S CLASS,
WHILE DEC TELLS ME EPA EARMARKS CLASS BY ITS CHOICE OF ENFORCEMENT
ACTIONS.
USING EPA'S INFORMATION SYSTEM, WE'VE ANALYZED THE COMPLIANCE OF
NEW YORK CITY FACILITIES, IDENTIFYING CLASS I VIOLATORS BY THE ENFORCEMENT
ACTION TAKEN AGAINST THEM. THIS ANALYSIS IS PART OF A NATIONAL STUDY
OF THE HAZARDOUS WASTE MANAGEMENT INDUSTRY BEING UNDERTAKEN BY THE
COUNCIL ON ECONOMIC PRIORITIES, A NON-PROFIT, PUBLIC POLICY RESEARCH
ORGANIZATION BASED IN NEW YORK. OUR ESTIMATES INDICATE THAT ALMOST HALF
THE VIOLATIONS OBSERVED AT TREATMENT, STORAGE, AND DISPOSAL FACILITIES
(OR TSDs) ARE CLASS I VIOLATIONS, INCLUDING: IGNITABLE WASTE STORED WITHIN
FIFTY FEET FROM THE SITE'S BOUNDARY, DISCHARGES OF HAZARDOUS WASTES,
FAILURE TO MANIFEST SHIPMENTS, AND OTHER INFRACTIONS THAT POSE SIGNIFICANT
ENVIRONMENTAL RISKS.
NINETY PERCENT OF THESE CLASS I VIOLATORS HAVE NOT CORRECTED THEIR
ILLEGAL ACTIVITIES PURSUANT TO EPA ENFORCEMENT ACTION, THOUGH ALL HAD
MORE THAN HALF A YEAR TO DO SO FROM THE TIME THEIR CITATION WAS ISSUED
TO THE TIME OUR DATA PRINT-OUT WAS PROCESSED. THE RECORD FOR COMPLIANCE
AMONG ALL VIOLATORS, INCLUDING THE LESS SERIOUS ONES, IS ONLY SLIGHTLY
BETTER: TWO THIRDS OF ALL VIOLATIONS GO UNCORRECTED.
NON-COMPLIANCE CAN ONLY BE CORRECTED WITH ADEQUATE ENFORCEMENT, AND
ENFORCEMENT REQUIRES AN ACCURATE INFORMATION BASE TO BE EFFECTIVE. THOUGH
EPA ISSUED EITHER ADMINISTRATIVE ORDERS OR WARNING LETTERS TO ALL OF
THE VIOLATORS DEC IDENTIFIED, NINETY PERCENT OF THE HAZARDOUS WASTE
FACILITIES REGISTERED IN EPA'S DATABASE HAVE NEVER EVEN BEEN INSPECTED.
ONLY 216 INSPECTIONS HAVE TAKEN PLACE SINCE 1981. ONE PART TIME
EMPLOYEE AVERAGING ONE AND A HALF INSPECTIONS A WEEK COULD HAVE
ACCOMPLISHED THIS MANY INSPECTIONS IN THREE YEARS, AT THIS RATE,
IT WILL TAKE ALMOST TWENTY MORE YEARS TO MAKE ONLY ONE INSPECTION OF
ALL THE LISTED NEW YORK CITY HAZARDOUS WASTE FACILITIES.
IT SHOULD BE REMEMBERED THAT SMALL GENERATORS ARE NOT INCLUDED IN
EPA'S DATABASE, SINCE THEY'RE ONLY REQUIRED TO NOTIFY THE STATE. THERE
ARE, HOWEVER, OVER TWICE AS MANY SMALL GENERATORS AS LARGE ONES IN NEW
YORK, AND EACH SMALL GENERATOR CAN LEGALLY DUMP UP TO ONE TON OF
HAZARDOUS WASTE A MONTH, YET THE DATABASE DOESN'T INDICATE WHETHER OR
NOT THEY'VE BEEN INSPECTED. WITH SO LITTLE INFORMATION ON THE FEW
FACILITIES THAT ARE INSPECTED SO INFREQUENTLY, IT'S NO WONDER THAT
COMPANIES FAIL TO COMPLY WITH REGULATIONS.
THE DATABASE SHOWS THAT TSDs ARE INSPECTED OVER SEVEN TIMES
MORE FREQUENTLY THAN GENERATORS AND TRANSPORTATION TERMINALS, AND TSDs
MUST COMPLY WITH MANY MORE REGULATIONS, YET INFRACTORS GENERATING AND
TRANSPORTING WASTES AVERAGE MORE VIOLATIONS THAN INFRACTORS WHICH
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TREAT, STORE, AND DISPOSE OF WASTES. THE IMPLICATION IS CLEAR:
FACILITIES WHICH CAN ANTICIPATE FEWER INSPECTIONS ARE LESS LIKELY TO
COMPLY WITH REGULATIONS. WITHOUT THOROUGH INSPECTIONS, REGULATORY
AGENCIES CAN NEITHER ESTIMATE THE EXTENT OF NON-COMPLIANCE, NOR
EFFECTIVELY DISSUADE ITS PRACTICE.
BOTH THE UNITED STATES HOUSE AND SENATE BILLS TO REAUTHORIZE THE
RESOURCE CONSERVATION AND RECOVERY ACT, THIS COUNTRY'S PREVENTIVE
HAZARDOUS WASTE LEGISLATION, CALL FOR MANDATORY BIANNUAL INSPECTIONS OF
ALL TSD FACILITIES. ON AVERAGE, NEW YORK CITY TSDs ARE INSPECTED ONLY
ONCE EVERY TWO AND A HALF YEARS, AND HAZARDOUS WASTE FACILITIES AS A
WHOLE ONLY ONCE EVERY EIGHTEEN YEARS. DEC SHOULD AT LEAST MATCH THE
FEDERAL RECOMMENDATIONS.
OF EQUAL IMPORTANCE TO GATHERING INFORMATION IS PROCESSING IT TO
DETERMINE ITS SIGNIFICANCE. REGULATORS MUST ORGANIZE, SYNTHESIZE, AND
ANALYZE DATA TO ESTIMATE THE SCALE AND SERIOUSNESS OF A PROBLEM, THE
NEEDED CORRECTIVE MEASURES, AND A PROBLEM'S RELATIVE PRIORITY. THE
GENERAL FEATURES OF AN INDUSTRY CAN BEST BE DETERMINED WITH A
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SOPHISTICATED INFORMATION SYSTEM.
EPA'S DATABASE IS THE MOST COMPREHENSIVE SYSTEM. ALTHOUGH EPA
RELIES IN LARGE PART ON THE STATES TO GATHER ITS INFORMATION, NEW
YORK'S UPCOMING GENERATOR ANNUAL REPORT, WHICH ESTIMATES IMPORTANT
STATE PARAMETERS SUCH AS TOTAL WASTE GENERATION, RELIES ON A STATE DATABASE THAT'S INDEPENDENT OF THE FEDERAL SYSTEM. LIKEWISE, EPA'S NATIONAL SURVEY, RELEASED LAST FRIDAY, OF WASTE GENERATION AND DISPOSAL
RELIES ON A CONTRACTED SURVEY, NOT THE DATABASE.
THE PROBLEMS INVOLVED WITH EPA'S DATABASE ARE NOT SIMPLY AN ISSUE OF FEDERAL INEPTITUDE THAT NEED NOT CONCERN THE STATE, THOUGH DEC PRESENTLY PERFORMS MOST INSPECTIONS, EPA TAKES ALL ENFORCEMENT ACTIONS ON VIOLATORS IN NEW YORK. IF EPA'S INFORMATION SYSTEM DOESN'T OPERATE EFFECTIVELY, NEW YORKERS ARE PLACED AT RISK BY UNCORRECTED HAZARDOUS WASTE MISMANAGEMENT. ALSO, THE STATE WILL SOON ASSUME RESPONSIBILITY FOR ENFORCEMENT, SO IT WOULD BE EXPEDIENT TO USE THE EXISTING SYSTEM, THE STATE SHOULD INTEGRATE ITS INFORMATION WITH EPA'S SYSTEM ANYWAY TO SUPPORT
MUCH NEEDED NATIONAL SURVEYS.
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IF CONCERNED CITIZENS ARE EVER TO BE PROVIDED WITH ADEQUATE
INFORMATION, GOVERNMENT AGENCIES WILL HAVE TO RELY ON AN INFORMATION
SYSTEM FROM WHICH TO DERIVE PAMPHLETS FOR LAYMEN OR RESPONSES TO
INDIVIDUAL REQUESTS. LET ME GIVE SOME EXAMPLES OF THE PROBLEMS INVOLVED
IN ANALYZING DATA THAT'S IN THE SYSTEM — LET ALONE INFORMATION GAPS.
IT'S EASY TO UNDERSTAND WHY NEITHER THE STATE NOR FEDERAL GOVERNMENTS
USE THE DATABASE TO ESTIMATE THE AMOUNT OF WASTES GENERATED AND
DISPOSED. ONE NEEDS ONLY TO LOOK AT ENTRIES FOR ONE FACILITY TO SEE
THAT MANY WASTE STREAMS HAVE NO QUANTITIES ASSOCIATED WITH THEM, OR THAT
DIFFERENT STREAMS HAVE IDENTICAL QUANTITIES OF AN UNUSUAL AMOUNT,
SUGGESTING THAT NUMEROUS WASTE STREAMS ARE MIXED IN ONE VOLUME. IF
SOMEONE WERE SIMPLY TO ADD THE NUMBERS UP, THE TOTAL FIGURES WOULD BE
EXTREMELY INACCURATE.
ACCORDING TO ONE EPA PRINT-OUT WE'VE RECEIVED, DUPONT'S CHAMBERS WORKS
IN DEEPWATER, NEW JERSEY, WHICH EPA CONSIDERS THE LARGEST SINGLE GENERATOR
OF HAZARDOUS WASTE IN THE NATION, PRODUCED 1.9 MILLION TONS OF PAINT
SOLVENT WASTES. YET WE RECEIVED ANOTHER PRINT-OUT FROM THE SAME DATABASE
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INDICATING DUPONT GENERATED ONLY 0.9 MILLION TONS OF THE WASTE. DUPONT CERTAINLY DIDN'T PRODUCE A MILLION TONS OF PAINT SOLVENT WASTES DURING THE INTERVAL BETWEEN THE TWO PRINTOUTS; BESIDES, THE LATER PRINTOUT INDICATED THE LESSER AMOUNT. ALL QUANTITIES ON THE TWO PRINTOUTS ARE
IDENTICAL, EXCEPT ONE IS MISSING A SINGLE, BUI QUITE SUBSTANTIAL, DIGIT.
THIS IS NOT AN ISOLATED EXAMPLE. THE DATABASE LISTS APPROXIMATELY ELEVEN HUNDRED LARGE HAZARDOUS WASTE GENERATORS IN NEW YORK CITY, YET DEC CLAIMS THERE ARE ONLY FOURTEEN HUNDRED GENERATORS IN THE STATE. ONE FIGURE IS INCORRECT, SINCE NEW YORK CITY GENERATES LESS THAN THREE
PERCENT OF THE STATE TOTAL OF HAZARDOUS WASTE.
THERE ARE WIDE VARIATIONS IN PRINT-OUTS FROM THE DATABASE OVER A SHORT PERIOD OF TIME. I RECEIVED THREE PRINT-OUTS FROM THE DATABASE DURING ONE MONTH. SIXTY PERCENT OF THE TSDs LISTED IN THE DATABASE WERE NOT IDENTIFIED AS TSDs IN ALL THREE PRINT-OUTS. EACH HAD A DIFFERENT LIST OF TSDs. EIGHTY PERCENT OF THE LISTED TSDs HAVE NOT SUBMITTED PART A OF THE PERMIT APPLICATION AND FINANCIAL INSTRUMENTS,
THE TWO BASIC REQUIREMENTS THAT IDENTIFY EXACTLY WHAT A FACILITY DOES
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AND WHETHER IT'S INSURED. ONE OF FIVE COMMERCIAL TSD FACILITIES IN NEW YORK CITY CAN BE FOUND IN A COMMERICIAL DIRECTORY, BUT NOT IN THE GOVERNMENT'S DATABASE. FURTHERMORE, 601 FACILITIES OR FORTY—THREE PERCENT OF THOSE LISTED IN NEW YORK CITY, ARE NOT CHARACTERIZED BY THE MOST FUNDAMENTAL CRITERIA, THAT IS, WHETHER THEY ARE GENERATORS,
TRANSPORTERS, OR TSDs.
HOW CAN A REGULATORY AGENCY DETERMINE THE CHARACTERISTICS OF AN INDUSTRY AND PRIORITIZE ITS EFFORTS WITH SUCH INSUFFICIENT AND
INCONSISTENT INFORMATION?
FINALLY, COMMUNICATING INFORMATION INTERNALLY AND EXTERNALLY IS THE KEY TO AN EFFECTIVE INFORMATION SYSTEM. REGULATORS ARE NOT THE ONLY ONES WHO NEED TO UNDERSTAND THE SYSTEM. THEY RELY ON COMPANIES TO VOLUNTEER INFORMATION ABOUT THEIR OPERATIONS. IF THE GOVERNMENT'S INFORMATION REQUESTS ARE NOT CLEAR, FIRMS WILL HAVE DIFFICLUTY KNOWING IF THEY ARE REQUIRED TO COMPLY, AND IF SO, WHAT INFORMATION THEY'RE
REQUIRED TO SUBMIT.
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FOR EXAMPLE, ONE TSD FACILITY IN NEW YORK CITY IDENTIFIED ITS WASTE DISPOSAL PROCESS WITH THE CODE "D82", REPORTING IT HAD THE CAPACITY TO PROCESS THIRTY GALLONS OF WASTE A DAY USING THIS METHOD. BECAUSE OF AN ERROR MADE AT THE TIME PART A APPLICATION FORMS WERE FIRST PRINTED, "D82" MEANS LAND TREATMENT IN THE FEDERAL REGULATIONS BUT OCEAN DISPOSAL IN THE PERMIT FORM. IT SEEMED UNLIKELY THAT A FACILITY WOULD USE EITHER OF THESE METHODS IN BROOKLYN, SO WE CALLED THE PLANT MANAGER TO CLARIFY THE ISSUE. HE SAID THE CODE WAS USED TO MEAN OCEAN DISPOSAL, SAYING THEY DISPOSED OF ABOUT THIRTY GALLONS OF WASTE EACH DAY BY POURING IT INTO THE SEWER, AND HE RECKONED IT WAS DUMPED INTO THE OCEAN EVENTUALLY. CLEARLY, THIS IS NOT WHAT EPA MEANS BY HAVING A CAPACITY FOR OCEAN DISPOSAL; BUT GIVEN THE INCONSISTENCIES BETWEEN THE PROCESS CODES IN THE REGULATIONS AND THOSE IN THE PERMIT APPLICATION,
AN APPLICANT COULD UNDERSTANDABLY BECOME CONFUSED.
EFFECTIVE INTERAGENCY COMMUNICATION IS ALSO VITAL. THE STATE DEC AND THE FEDERAL EPA MUST BE IN CLOSE COMMUNICATION SO EPA CAN PRIORITIZE
ITS ENFORCEMENT ACTIONS BASED UPON DEC INFORMATION, AND SO THERE IS A
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SMOOTH TRANSITION WHEN THE STATE GAINS AUTHORITY TO ISSUE PERMITS.
HOWEVER, THE NEED FOR GOOD INTERAGENCY COMMUNICATION DOES NOT END HERE;
INCONSISTENCIES EXIST AT ALL LEVELS OF GOVERNMENT. FINDINGS OF THE
HOUSE GOVERNMENT ACTIVITIES AND TRANSPORTATION SUBCOMMITTEE INDICATE
ALMOST NO COOPERATION BETWEEN EPA AND THE BUREAU OF MOTOR CARRIER
SAFETY IN ENFORCING HAZARDOUS WASTE TRANSPORT REGULATIONS.
A RECENT MEMORANDA OF THE OFFICE OF TECHNOLOGY ASSESSMENT OF THE U.S.
CONGRESS HAS FOUND THAT DETECTION LEVELS UNDER THE RESOURCE CONSERVATION
AND RECOVERY ACT (OR RCRA) FOR GROUNDWATER CONTAMINATION ARE HIGHER
THAN THOSE UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION,
AND LIABILITY ACT (OR CERCLA), SOMETIMES AS MUCH AS 1000 TIMES HIGHER.
THUS AN ACTIVE SITE MAY LEGALLY POLLUTE GROUNDWATER TO A LEVEL TOLERATED
UNDER RCRA, BUT COME TO THE ATTENTION OF CERCLA FOR THE SAME POLLUTION.
IN ESSENCE, RCRA SITES FULLY COMPLYING WITH REGULATIONS ARE NOT PREVENTED
FROM BECOMING UNCONTROLLED SITES REQUIRING EXPENSIVE CLEAN-UP UNDER
SUPERFUND.
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REGULATIONS MUST BE STANDARDIZED AND DATA INTEGRATED TO ACHIEVE EFFECTIVE REGULATION AND ENSURE PUBLIC HEALTH. THE NEW YORK STATE ASSEMBLY BILL 10937 TAKES A VALUABLE STEP TOWARDS INTEGRATING INFORMATION THAT IS GATHERED FROM VARIOUS AGENCIES. THE BILL DIRECTS THE STATE DEPARTMENT OF HEALTH TO ASSESS THE PRIORITY OF INACTIVE HAZARDOUS WASTE SITES ON THE BASIS OF ADVERSE IMPACTS ON PUBLIC HEALTH AS WELL AS ON THE ENVIRONMENT. PREVIOUSLY, INSUFFICIENT ATTENTION WAS PAID TO HEALTH IMPACTS. THE BILL ALSO ATTEMPTS TO CLOSE A LOOPHOLE WHICH GRANTED EXEMPTION FROM HEALTH MONITORING REQUIREMENTS TO VIOLATORS OF THE LAW. WHEREAS THE LANGUAGE OF THE ACT HAD CALLED FOR EXEMPTION OF WASTES “SUBJECT TO PERMITS," THE AMENDED BILL CALLS FOR EXEMPTION ONLY WHEN THE PERMIT HAS ACTUALLY BEEN ISSUED. THIS AMENDMENT CONFORMS MORE TO DEC'S INTERPRETATION OF THE LAW, AND SUPPLEMENTS ENVIRONMENTAL MONITORING
WITH NEEDED HEALTH ASSESSMENTS.
THIS BILL IN ITSELF, HOWEVER, FALLS SHORT OF ACHIEVING OPTIMAL INTEGRATION OF HEALTH INFORMATION WITH REGULATION. HAZARDOUS WASTES SHOULD BE MONITORED
FOR HEALTH IMPACTS REGARDLESS OF WHETHER THE FACILITY THAT MANAGES THEM
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HAS A PERMIT. THE LISTING OF HAZARDOUS WASTES SHOULD BE STANDARDIZED
SO THAT ALL HAZARDOUS WASTES ARE MONITORED UNDER THE FULL STRINGENCY OF
THE LAW.
SECONDLY, HAZARDOUS WASTES SHOULD BE MONITORED FOR HEALTH IMPACTS AT
ACTIVE AS WELL AS INACTIVE SITES. ACTIVE SITES CAN POSE HEALTH RISKS EQUALLY
DANGEROUS TO THOSE POSED BY ABANDONED FACILITIES. THOUGH THE BILL NEATLY
AVOIDS REQUESTING INCREASED APPROPRIATIONS BY TAPPING INTO THE STATE
SUPERFUND ALLOCATION, POLITICAL MOTIVES SHOULD NOT ALLOW FOR AN UNWARRANTED
EXEMPTION. THE TREATMENT OF CANCER, KIDNEY DISEASES, AND EVEN SKIN RASHES,
ARE FAR MORE EXPENSIVE THAN PREVENTIVE MONITORING FOR HEALTH IMPACTS.
UNDER THE DIRECTION OF DR. JAY M. GOULD, PRESIDENT OF ECONOMIC
INFORMATION SYSTEMS AND FORMER MEMBER OF EPA'S SCIENCE ADVISORY BOARD,
THE COUNCIL ON ECONOMIC PRIORITIES IS UNDERTAKING A STUDY THAT USES
INPUT-OUTPUT ANALYSIS TO INVESTIGATE STATISTICAL CORRELATIONS BETWEEN
INDUSTRIAL WASTE GENERATION AND CANCER RATES IN COUNTIES ACROSS THE
UNITED STATES. THE COUNCIL WILL UTILIZE DATABASES FROM EPA, THE
NATIONAL CANCER INSTITUTE, AND PRIVATE SOURCES. THOUGH THE NATIONAL
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CANCER INSTITUTE HAS CONDUCTED NOTABLE RESEARCH IN THIS AREA, EPA HAS
YET TO UNDERTAKE ANY ANALYSIS OF HOW ENVIRONMENTAL FACTORS SUCH AS
TOXIC WASTE GENERATION AFFECT CANCER MORTALITY RATES, SO THE COUNCIL'S
STUDY SHOULD PROVE USEFUL IN THIS REGARD.
NEW YORK SHOULD ALSO ATTEMPT SUCH STUDIES, LINKING HEALTH DEPARIMENT
INFORMATION WITH OTHER DATABASES TO DETERMINE HIGH RISK AREAS OR TO
IDENTIFY PRECARIOUS TRENDS BEFORE THEY BECOME CATASTROPHES. INFORMATION
IS TOO IMPORTANT AND COSTLY TO UNDERUTILIZE.
FINALLY, IF GOVERNMENT FAILS TO PERFORM ITS FACT FINDING DUTIES, IT
MUST RELY ON CITIZENS TO FILL IN THE GAPS. IF A HAZARDOUS WASTE GENERATOR
FAILS TO NOTIFY DEC OR EPA OF ITS ACTIVITIES, THE REGULATORY AGENCIES
RELY ON CITIZEN COMPLAINTS TO IDENTIFY NON-NOTIFIERS. NEITHER STATE
NOR FEDERAL PERSONNEL ARE ASSIGNED TO THIS DUTY. PCBs IN THE STARRET
CITY LANDFILL WOULD HAVE GONE UNDETECTED IF SOME LOCAL RESIDENTS
HADN'T NOTICED AN UGLY GREEN SLICK NEARBY.
EFFECTIVE COMMUNICATION BETWEEN THE PUBLIC AND REGULATORY AGENCIES
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IS ESSENTIAL TO UNCOVER UNDETECTED FACTS, TO ALLEVIATE FEARS, OR TO
CONFIRM THEM IN CERTAIN INSTANCES, AND THEN TO DIRECT APPROPRIATE
ACTION.
TWICE, PERSONNEL OF THE CITY'S DEPARTMENT OF ENVIRONMENTAL PROTECTION HAVE CALLED US TO FIND OUT WHAT'S IN THE FEDERAL INFORMATION SYSTEM, AND HOW TO GET IT. IF A GOVERNMENT AGENCY CAN'T FIGURE THIS
OUT, HOW CAN ONE EXPECT A PRIVATE CITIZEN TO?
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IN CONCLUSION, I WOULD LIKE TO MAKE THE FOLLOWING RECOMMENDATIONS:
GATHERING INFORMATION:
1.
2.
DEC SHOULD INCREASE ITS INSPECTION RATES OF HAZARDOUS WASTE FACILITIES.
DEC SHOULD TIGHTEN ITS REGULATION OF SMALL GENERATORS AND SOLID WASTE LANDFILLS FOR HAZARDOUS WASTE.
DEC SHOULD SHARPEN ITS OVERSIGHT OF HAZARDOUS WASTE TRANSPORTERS.
PROCESSING INFORMATION:
DEC SHOULD CLARIFY AND PROMULGATE ITS CLASSIFICATION OF VIOLATIONS TO FOCUS ENFORCEMENT EFFORTS.
DEC SHOULD ESTABLISH SCHEDULES FOR ENFORCEMENT ACTIONS, DEADLINES FOR COMPLIANCE, AND FOLLOW-UP PROCEDURES TO IMPROVE COMPLIANCE.
THE STATE SHOULD ALLOCATE RESOURCES TO IDENTIFY INCONSISTENCIES AND GAPS IN THE DATA SYSTEM AND TO UPGRADE THE SYSTEM ACCORDINGLY.
THE STATE SHOULD STANDARDIZE REGULATIONS FOR ACTIVE AND INACTIVE SITES TO HELP PREVENT THE NECESSITY FOR CLEAN-UP AFTER CLOSURE.
THE STATE SHOULD IDENTIFY POTENTIAL ADVERSE HEALTH RISK AREAS TO FACILITATE PREVENTIVE MEASURES.
COMMUNICATING INFORMATION:
9.
10.
ll.
THE STATE SHOULD SET UP AN INFORMATION CLEARINGHOUSE FOR INDUSTRY AND PUBLIC USE.
THE STATE SHOULD INTEGRATE DATA FROM LOCAL, STATE, AND FEDERAL AGENCIES ON A SITE-BY-SITE AND REGIONAL BASIS.
THE STATE SHOULD PREPARE AND WIDELY DISSEMINATE INFORMATION CHARTS WHICH IDENTIFY THE DATA AVAILABLE ON HAZARDOUS SUBSTANCES, THE FACILITIES HANDLING THEM, AND THE LOCAL, STATE, AND FEDERAL AGENCY WHICH CAN PROVIDE THE INFORMATION.
SUMMARY OF STATISTICAL FINDINGS
TSD % of TSD NYC % of NYC
Statistic Facilities” Facilities Facilities?’ Facilities FACILITIES Facilities in "Hazardous Waste Management Data System"----------- 69 100.0 (%) 1398 100.0 (%) Facilities not identified by sector (i.e., as gen, tran, or TSD)- 601 = 43.0 TSD facilities 69 4.9 Facilities identified by New York State as "Major"--------------— 8 11.4 9 0.6 Part A Permit applicants-------------------------------------—--— 23 33.0 23 0.02 Financial instruments submissions-------------------------------- 13 18.6 18 0.01 Part A Permit & financial instrument submissions----------------- 12 aE ork 12 0.01 TSD facilities in Kings County (Brooklyn)------------------------ 28 40.6 TSD facilities in Queens County---------------------------------~ 7 36.2 TSD facilities in New York County (Manhattan) -------------------- 9 13.0 TSD facilities in Richmond County (Staten Island)---------------- 4 5.8 TSD facilities in Bronx County----------------------------------- = 4.4 INSPECTIONS
Inspections (% of TSD out of NYC inspections)-------------------- 80 216 37.0 (%) Inspected facilities—-------------------------------------- == 47 68.1 (%) 152 10.9 Inspected Majors (% inspected out of total Majors)--------------- 7 87.5 8 88.8 Average inspections per facility-------------------------------—— 1.16 0.16 Average inspections per inspected facility-—---------------------- 1.70 1.42 Average inspections per Major 2025 2.00
al ogy Facilities = Treatment, storage, and disposal facilities in New York City.
Wyy¢ Facilities = Generators, transporters, and TSD facilities in New York City.
DERIVED FROM: Environmental Protection Agency, "Hazardous Waste Management Data System" (New York: EPA Region 2, 1983)
SUMMARY OF STATISTICAL FINDINGS -- Page 2
TSD % of TSD NYC % of NYC Statistic Facilities Facilities Facilities Facilities VIOLATIONS Violations (TSD as a % of NYC violations) ------------------------ 128 242 52.9 (4%) Class I violations (Class I as a % of total #olationsy®! -------- 57 44.5 (%) 58 . 24.0 Violators (violators as a % of facilities) ----------------------- 34 49.3 61 4.4 Class I violators (Class I as a % of total violators)------------ 10 29.4 11 18.0 Average number of violations per facility----------------------—- 1.86 0.17 Average number of violations per violator-----------------------~ 3.77 4.03 Average number of violations per Major-------------------------—— 5.13 4.55 Average number of Class I violations per Class I violator-------- 5.70 5.18 Average number of Class I violations per Major violator---------- 5.00 5.00 COMPLIANCE Facilities with corrected violations (as a % of violators)------- 7 20.6 (%) 22 36.1 (%) Facilities with corrected Class I violations (as a % of Class I violators) ----------------------- nn iF 10.0 a1 9.1 Facilities with corrected Class II and Class III violations (as a % of Class II and Class III violators)— ----------------------- 6 25.0 21 42.0 Facilities correcting violations (as a % of violators)----------- 3 8.8 3 4.9 Facilities with uncorrected violations (as a % of violators)----- 24 79.4 36 63.9 Major facilities with uncorrected violations (as a % of Major violators) -------------------- nr 5 71.4 5 71.4 Major facilities with uncorrected Class I violations (as a % of Major Class I violators)-—-_-———-------_________________—_—"—"— 3 75.0 3 75.0 al ciass I violation = "those that pose direct and immediate harm or threats of harm to public health and the
environment" (as defined by EPA in July, 1981 Memo).
b/eyass II violation = statutory
Derived From: Envir t ys Class III violation = administrative. SE SE SEY See
Waste Management Data System" (New York: EPA Region 2, 1983) >
NEW YORK CITY HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES *
Name of TSD Facility Cnty Major Gen Tran Part A Fin In Insp Vio Wrng Ordr Comp Able Container Corp. K 1
Active Steel Drum Co. fe} x xX x xX 4 ul af
Admiration Globe Fur Dyeing Co. N 1
Allied New York Services, Inc. Q p.¢ 2 .
American Bank Note Co. B x xX 1 1 2 2 x Amstar Brooklyn Cane Sugar Refining K x xX 1
Argus Division, WITCO Chemical Corp. K x xX 2 7 3 R Batteries Specialists of New York, Inc. K x 1
Berg Chemical Co., Inc. B 4 2 1 A Bordon Chemical,Adhesives & Chemicals Division K xX 1 3 1 1 Bulova Watch Co., Inc. Q xX xX 1 3 2 xX C.H. Leibfried Manufacturing Corp. K
Carter Spray Finishing Corp. K x 1
Chemical Solvents Distillers Co. Q xX 1 1 ik
Chemical Waste Disposal Q x x xX 3 9 2 1 x Ciner Chemical & Refining Co., Inc. K xX
Continental Technical Finishes K xX xX 1 2 1
Cuyahoga Wrecking Corp. Q
Debevoise Co. K x x x x xX 3 8 2 2 R Duane Marine R xX x
Engelhardt, S. & Co. N
Exide Woodside Service Center Q x x xX x pS 2 EM
F.O. Pierce Co. Q 1
Franklin Nursing Home Q
* See INFORMATION KEY to decode abbreviations.
NEW YORK CITY HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES -- Page 2
Name of TSD Facility Cnty Major Gen Tran Part A Fin In Insp Vio Wrng Ordr Comp Frequency Control Products Q xX 2 8 2
Goodman Bros. Steel Drum Co., Inc. K xX 3 4 1 2 x Grillmaster Inc. K x 1 1 alt
Hamilton Sterling Corp. K xX
Hangar 14, Pan American World Airlines, Inc. Q x 2 7 L li x Hangar 16, Pan American World Airlines, Inc. Q 2 5 A Hillcrest Service Station Q
Ideal Handbag Frame Manufacturing Corp. K x A
Industrial Electronic Hardware N 7
Jet.Center, Pan American World Airlines, Inc. Q x x 3 15 2 A. x Jewel Sheen Coating Inc. Q 2 4 uF R Kosan Industrial Corp. Q x 2 £ iL:
Louis Bressoud, Inc. N
Mathew Mariteco Repairs, Inc. K x
Memorial Sloan-Kettering Cancer Center N x x 1 9 2
Miller Tube Corp. of America Q 1
Nassau Recycle Corp. R 2 4 1 R Nessen Lamps, Inc. B
New York City Transit Authority N xX 2 3 1 1 x New York Times Co. N 1
Norm, Mike Contractors, Inc. K
North American Specialties Q x
Northeast Marine Terminal Co., Inc. K
Olin Water Services, Olin Corp N x xX x 1
NEW YORK CITY HAZARDOUS
WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES -- Page 3
Name of TSD Facility
Cnty Major Gen Tran Part A Fin In Insp Vio Wrng Ordr
Comp
O-Z Gedney
Paragon Paint & Varnish Co., Inc. Parker Hannifin Corp. — Ideal Division Patterson Chemical Co., Inc.
Peerless Instruments Co., Inc.
Pfizer Inc.
Prince Lacquer & Chemical Corp.
Quanta Resources Corp. (CERCLA)
Radiac Research
RCA Picker Picker Accessories, Inc. Rogers Engraving Co., Inc.
Rota File Corp.
Standard T Chemical
Sun Chemical Corp. — Pigments Division Techtronics Ecological Corp.
Tekni Plex, Inc.
Vanguard Diversified, Inc.
Vogue Manufacturing Co., Inc.
Woolsey Marine Div., Metropolitan Consolidated Ind.
Addendum:
AF ORR ASPRPRO RAD KR RO RARAOR
Astoria Generating Station - Con Edison Co. Q
Queensboro Tranformer
MM OO
i a
x
mS OM
>
x
PrP he Ne NH
RRP RF RB
a
PPP RP eB RB
nN
INFORMATION KEY
Cnty = County in New York City
Major Gen Tran Part A Fin In Insp Vio Wrng Ordr
Comp
il
il
= Bronx
= Kings (Brooklyn)
= Queens
B K N = New York (Manhattan) Q R
= Richmond (Staten Island)
Facility identified by State as "major" as defined by EPA
Facility is a generator of hazardous waste
Facility is a transporter of hazardous waste
Facility has submitted a Part A Permit application to EPA
Facility has submitted financial instruments to EPA
Number Number Number Number
Status
of inspections of facility
of recorded violations at facility
of warning letters sent to facility of compliance orders sent to facility
of facility compliance pursuant to enforcement action
A = Active
R = Resolved/No further action required
X = Pending
Publication citation
Goldman, Benjamin A.; and RA Michaels. The Importance of Access to Information on Hazardous Waste. Testimony before the Joint Public Hearing on the Need for Community Health Information on Toxic Substances and Hazardous Waste; Office of Assistant Majority Leader, New York State Assembly Standing Committee on Health, and Standing Committee on Environmental Conservation, doi 10.13140/RG.2.2.14165.22249, 5 April 1984;