This past week the NSWMA comments to the EPA on its proposed rule on the Identification of Additional Classes of Facilities for Development of Financial Responsibility Requirements Under CERCLA Section 108(b) (75 FR 816) argued that currently operated hazardous waste and municipal solid waste facilities should not be required to obtain financial responsibility under CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act), because they do not share anything in common with past practices and are already covered by financial assurance program that are working under RCRA (the Resource Conservation and Recovery Act).
NSWMA president and CEO Bruce Parker went on to say that the hazardous wastes to which CERCLA applies are no longer handled by MSW landfills and should not be subject to CERCLA financial responsibility.
While I believe there are unresolved issues in current financial responsibility regulations, my sense is that the EPA proposal serves more to add confusion than clarify matters. But then I need to add my usual caveat…what do I know?
So, I want to know what you think.