[Congressional Record Volume 140, Number 52 (Wednesday, May 4, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
 THE TESTIMONY OF THE HONORABLE JAMES FLORIO BEFORE THE TEXAS NATURAL 
                   RESOURCES CONSERVATION COMMISSION

                                 ______


                          HON. CHARLES WILSON

                                of texas

                    in the house of representatives

                         Wednesday, May 4, 1994

  Mr. WILSON. Mr. Speaker, on Friday, April 15, 1994, a public hearing 
on a critical environmental issue facing my constituents, the citizens 
of Texas and all Americans was held before the Texas Natural Resources 
Conservation Commission. The subject of the hearing was a proposed 
strategy to more stringently regulate the burning of hazardous wastes 
in cement kilns. I am pleased that Texas under the able leadership of 
Gov. Ann Richards has recognized the need to lead the way in this area.
  I commend to the attention of my colleagues in particular the 
comments of former New Jersey Governor Florio who appeared before the 
TNRCC on behalf of the Association for Responsible Thermal Treatment. 
Governor Florio's comments are especially pertinent because of his work 
on the Resource Conservation and Recovery Act and Superfund when he 
served as a member of this body.

Texas Natural Resource Conservation Commission Public hearing on Cement 
                  Kiln Concept Papers, April 15, 1994

       Good morning Chairman Hall and Commissioners Reed and 
     Garner, my name is Jim Florio. I am a former Governor of the 
     State of New Jersey and a former member of the U.S. House of 
     Representatives. As a Congressman, I was directly involved in 
     drafting RCRA and the Hazardous and Solid Waste Amendments of 
     1984 and continue to have a strong interest in solid waste 
     issues. I am appearing here this morning on behalf of the 
     Association for Responsible Thermal Treatment, an 
     organization of seven companies engaged in hazardous waste 
     incineration.
       At the outset, I would like to express my appreciation to 
     the Commission for allowing me and other members of the 
     public to offer our comments regarding the Commission's very 
     important initiative regarding the burning of hazardous waste 
     in cement kilns. I commend the Commission's commitment and 
     leadership in addressing this issue which is not only very 
     important to the citizens of this State but also important to 
     citizens of other states where hazardous waste is being 
     burned in cement kilns. I am hopeful that the Commission's 
     commitment will translate into effective and practical 
     measures for regulating the burning of hazardous wastes in 
     cement kilns, which will set the standard to be followed by 
     other states and the Environmental Protection Agency.
       Congress enacted RCRA to establish a comprehensive, 
     detailed and stringent program to properly monitor and 
     regulate the generation, transportation and disposal of both 
     solid and hazardous wastes. Congress specifically declared 
     that: ``It is the national policy of the United States that, 
     wherever feasible, the generation of hazardous waste is to be 
     reduced or eliminated as expeditiously as possible. Waste 
     that is nevertheless generated should be treated, stored or 
     disposed of so as to minimize the present and future threat 
     to human health and the environment.''
       Consistent with this policy, commercial incinerators are 
     carefully monitored, the burning processes are tightly 
     regulated, and the ash residue is disposed of in a specially 
     designed hazardous waste landfill. Unfortunately, over 60 
     percent of our Nation's liquid and solid hazardous wastes are 
     being burned in cement kilns that are not subject to the same 
     stringent requirements. These facilities instead are 
     regulated as ``interim status'' facilities under the federal 
     Boiler and Industrial Furnace rules, without strict standards 
     to control the emissions resulting from the burning process 
     and without a requirement that the resulting cement kiln dust 
     be properly disposed in an environmentally safe landfill.
       Under RCRA, we also intended to provide incentives for the 
     reclamation of solvent wastes. Cement kilns are suppled by a 
     system of fuel blenders. Many of these blenders use the 
     solvent as a ``carrier fluid'' for low fuel value solid waste 
     streams, like heavy metal contaminated sludges and soils. 
     Contrary to our intent under RCRA, this ``blending up'' for 
     burning discourages true recycling of high quality solvents. 
     This loophole must be addressed not only at the state level 
     but at the federal level. Fuel blenders operate with very 
     little regulatory control under RCRA and are cause for public 
     concern.
       I believe it is imperative to move forward, without delay, 
     to establish appropriate standards and regulations to ensure 
     that the management of hazardous waste at fuel blending 
     facilities and the burning of hazardous waste in cement kilns 
     is properly managed under RCRA. This was certainly my 
     intention when, as a Congressman, I helped draft this 
     nation's hazardous waste law.
       This Commission, in its March 15 Concept Papers, set forth 
     a well devised and comprehensive approach to properly 
     regulate the burning of hazardous wastes in cement kilns. 
     Among other things, this approach included: (1) particulate 
     and opacity limitations on air emissions from cement kilns 
     burning hazardous waste; (2) clean hazardous waste fuel 
     criteria; and (3) restrictions on cement kiln dust disposal. 
     The Commission rightly recognized that it is important to 
     regulate not only the types of hazardous wastes that are 
     burned in cement kilns through the clean fuels concept but 
     also the process itself and the cement kiln dust residues. As 
     the Commission recognizes, cement kilns burning hazardous 
     waste should be subject to the same regulatory requirements 
     as are incinerators, for example, as regards the production 
     of acid gases. Similarly, incinerators should be subject to 
     the same requirements as are kilns. This approach is fully 
     consistent with RCRA and would further enhance the objectives 
     and intentions of Congress.
       Of course, I recognize that others will not be fully 
     supportive of the March Concept Papers. As a former Governor 
     and Congressman. I realize that it is important for the 
     Commission to fully review all competing interests and weigh 
     the advantages and disadvantages of the policies in those 
     papers. I am confident that ultimately the Commission will be 
     led to the conclusion that it should adopt those policies.
       I want to emphasize that there is a role in hazardous waste 
     management for fuel blenders and other hazardous waste 
     collectors, cement kilns, and incinerators. Fuel blenders 
     must continue to handle and process high quality, high BTU 
     liquid wastes for cement kilns. They and other collectors 
     must continue their role of gathering waste and directing it 
     to the appropriate treatment and disposal facility. We 
     understand that small businesses may be concerned about 
     outlets for their waste needs, but we see no need for this 
     concern. Their waste needs will be handled as they are at 
     present, with their waste being sent to the facility most 
     appropriate for its disposal by, in all likelihood, the same 
     company they are currently dealing with. The cement industry 
     will also play an important role by providing additional 
     treatment capacity for high quality, high BTU liquid waste. 
     And waste that should go to fully permitted RCRA incinerators 
     for treatment will end up where it belongs.
       From my experience as Congressman, the March Concept Papers 
     are on the right track. You should continue forward as 
     expeditiously as possible to promulgate the regulatory 
     standards outlined in them. I respect your courage and 
     leadership, and I am hopeful that the initiative of this 
     Commission will prompt other states and the federal 
     government to follow the same course.
       In closing, I would like to again thank the Commission for 
     providing me with the opportunity to speak here today. Also, 
     I would be happy to answer any questions that you may have.

                          ____________________