Expert answer:Do you believe the current approach to waste manag
Answer & Explanation:This
module on waste really looks at the problem from a larger policy
perspective. Systematically we look at waste from the following set of
inputs, outflows, and feebacks:
Most of our laws
regarding waste are focused on handling the waste post-generation. Our
policies guiding how we handle waste (after it is generated) separate
waste into hazardous and nonhazardous categories based on the following charateristics:
Considering the materials provided in this section and the focus placed on most waste after generation, please answer the following questions:
Do
you believe the current approach to waste management in the United
States, including the statutes to deal with past waste (CERCLA) and
different types of waste (RCRA) are comprehensive (do they, taken
together, represent a superior way of dealing with waste)? Why or why
not?
Explain how you might improve
the overall waste policy of the United States. What might you change
to create an overall improvement in the current policy? Please be
specific.
lecture_10_waste.pdf
xid_382930_1.jpg
xid_382928_1.jpg
lecture_10_waste.pdf
Unformatted Attachment Preview
DEPARTMENT OF PUBLIC POLICY
POL 661: Environmental Law
Lecture 10:
Waste
Introduction
The concept of waste is really dependent on perspective. For example, from a system
standpoint, there is really no waste in a thermodynamic sense of the term; energy is
neither created nor destroyed, it simply changes form. Recall our previous discussion
about our natural system and the concept of equilibrium. A visual representation of a
system is copied here for recollection purposes:
If we think about Planet Earth as a natural system that is ‘closed,’ then our definition of
waste is, practically speaking, really about moving things from one part of the system to
another (transmuting energy from one form to another).1 However, we do know there can
1
For example, the creation of plastic includes taking chemicals (combinations of
elements) that already exist in the Earth system and combining those chemicals in a way
that creates a particular combination resulting in a product – plastic. Thus, the plastic is
not something that adds to the Earth system, but rather it is a transmutation of existing
chemicals into a combined form that results in something new (the plastic). Waste
Page 2 of 9
be consequences to shifting around energy in different forms. Recall our discussion about
moving carbon from storage in the ground to the atmosphere, thereby increasing the
concentration of atmospheric carbon. This process does not create new carbon, but even
so it has potentially significant impacts on our wellbeing (climate change). This is
particularly true if the addition of carbon into the atmosphere results in a shift in the
equilibrium state of the Earth system. The visual representation of such a shift noted
previously is copied here for recollection purposes:
From an environmental policy standpoint, we are systematically concerned with
actions/events that can result in a shift in the equilibrium of our natural system,
particularly when that shift can result in harm to human wellbeing. So maybe when we
think about waste, we are not thinking about adding new materials to the system, but
rather altering the background energy flows of the system in a way that potentially harms
our wellbeing.2
So if we think of waste patterns as the focus of our discussion, we can begin to explore
how those patterns might have an impact on human wellbeing through disruptions to
background conditions of our Earth system. In order to do this we can bring forward our
products can be said to be combinations of existing things that are no longer desired for
human use.
2
We can certainly include in our discussion here waste patterns that result in ecological
harm as this harm can certainly impact human wellbeing when we connect our wellbeing
to the background environmental conditions that allowed for human development and
prosperity.
Page 3 of 9
concept of systems thinking and the use of box models as a way of identifying waste
problems. A visual representation of a box model is copied here:
Understanding waste patterns, including the effects of waste, is really about
understanding the flows (inputs, outflows, feedbacks) and interactions within a system
component. The box model provides a way of modeling these flows in order to
understanding the causes and effects of certain waste patterns. For example, waste we
identify as hazardous (because of its characteristics) can have a potentially significant
impact on human wellbeing; certain hazardous wastes allowed to seep into groundwater
has been the source of contamination of drinking water leading to the development of
cancer in human beings. Often the impacts of certain waste patterns (like hazardous
wastes) can be understood by utilizing a box model approach (thinking systematically).
The events usually go something like this:
•
There is a background condition of the system component (the groundwater is
usually free of toxic chemicals and safe for human consumption).
•
An input into the system component alters the system component (a hazardous
waste is added to the groundwater, mixing with it and causing a chemical change
in the groundwater).
•
The output is groundwater that is no longer safe for human consumption.
•
The feedback loop is a higher incidence of cancer rates among humans who
consume the contaminated groundwater.
By utilizing a systems approach, the problem (contaminated groundwater) can be
sourced back to the initial input, the hazardous waste. Once identified, the source of the
problem needs to be controlled; the basis for the control is the impact the waste is having
on the environment, particularly the connection (nexus) between the waste and human
health dangers.
Page 4 of 9
Through this example we can see how waste (particularly certain wastes) requires
regulation (monitoring and special handling). Even non-hazardous waste can require
special attention because the problems that can arise from the aggregation of the waste
over time. Indeed, it is because of the impact of waste flows, both hazardous and nonhazardous, that public intervention through regulation is required. In a world where the
costs of waste production, handling, and disposition were completely internalized by
each individual, there may be less of a need for government intervention (public
statutory controls). However, we have yet to create such incentives and internalization
of the costs of waste generation and disposal. Thus, private controls (like nuisance and
negligence) are an incomplete method of waste regulation; this is particularly true where
toxic tort actions (for example suing for exposure to contaminated water) are wholly
reactive in nature, allowing the harm to occur before the law offers a remedy. For these
reasons, much of waste regulation falls to public control mechanisms, and our focus is
on understanding the statutory mechanisms involved in controlling waste patterns.
Waste and Resource Recovery Overview
Waste is something we Americans have become very good at doing. After World War II,
we developed certain habits regarding waste, mostly due to technological innovations.
One prime example is the development of plastic. Since its inception, plastic has become
the preferred method of carrying, concealing, holding, and storing our expanding material
collections. Most of the time, it is created in a form that is readily disposable; think of
plastic bags at the supermarket. Plastics have become an issue onto itself recently as
certain areas of the U.S. and abroad have begun experimenting with the regulation of
plastic bags through prohibiting their use.3
All of this plastic, and our inheritance of a throwaway society, has led to an everincreasing amount of waste generation. Early in our career as a throwaway society, the
answer was simple: build more dumps. However, as land has become scarce (and
expensive), building more dumps has become less attractive. Also, we have had to deal
with the environmental consequences of waste generation. The purpose of this module is
to look at the laws used to deal with waste, and more recently, resource recovery.
The Scope of the Waste Problem
As noted in the text, waste is a significant issue, which is increasing over time. There are
a few tables at the beginning of the chapter that show a significant increase in the amount
of waste generation since 1960. However, you can see that increased recycling over
recent times has lowered the net impact of waste generation. From a big picture, we can
think of waste generation in the following diagram:
3
There are also economic and psychological factors that influence and reinforce a
consumptive society. For a good summary of these factors (while discounting any bias in
its presentation) please see the following video:
http://www.storyofstuff.org/movies-all/story-of-stuff/
Page 5 of 9
Mathematically, the net amount of waste can be seen in the following equation
Wn = Wi – Wr
Where Wn = Net Waste (the dependent variable)
Wi = Waste Input (independent variable)
Wr = Recycling (independent variable)
In English, this should tell us that we can control the total amount of waste (Wn) by
altering how much waste we generate (Wi), and how much recycling effort we engage
in (Wr). There are many ways to accomplish this goal, and we can see from the table that
increases in recycling efforts does indeed lower the amount of net waste in society.
Not All Waste Is Equal
Waste comes in many forms, which makes the issue more than one of just quantity. As
stated in the text, most waste is categorized legally as solid waste. A sub-category of
solid waste is hazardous waste, which is generally defined as the kind of waste that has
the potential to severely harm human beings or the environment. An acronym that is
sometimes used to define what is hazardous waste contains the following properties:
corrosive, reactive, ignitable, toxic (CRIT). A clear example is radioactive waste,
generally the result of uranium or plutonium enrichment for energy generation (nuclear
power plants) and weaponry development. No one would seriously argue the hazardous
nature of radioactive material. Also, many household goods (especially cleaning agents)
exhibit the CRIT properties, and are therefore classified legally as hazardous substances.
Conceptually we may understand how waste is divided between hazardous and
Page 6 of 9
nonhazardous materials based on a relationship between probability and magnitude of
harm. This can be visually represented in the following figure:
Hazardous waste has a high probability and magnitude of harm, whereas nonhazardous
waste has a low probability and magnitude of harm.4 Aside from the obvious humanhealth issues associated with hazardous waste, non-hazardous solid waste makes up the
bulk of the waste problem today. It is the sheer mass of waste, with the attendant
problems of collection, storage, transportation, and disposal that is the main focus of the
public controls on waste.
Legal Mechanisms for Controlling Waste
Historically, waste issues were dealt with locally under the 10th Amendment police
power of zoning and ordinances. Private disputes regarding waste retention were
generally dealt with under the common law nuisance doctrine. Beginning in the 1960s,
the federal government began to centralize (take over) waste control from the state
governments. Remember, the federal government has authority to regulate matters that
affect interstate commerce under its Commerce Clause power granted by the U.S.
Constitution. Waste is transported over state lines, and even where it is a wholly intrastate activity, it has an effect on interstate commerce.
4
Of course, nonhazardous waste can still create significant harm, depending on how
‘harm’ is being defined. One way of thinking about this is to consider the aggregation of
nonhazardous waste and the conditions this can create for both human and nonhuman
aspects of the environment.
Page 7 of 9
Two major federal laws have been enacted to deal with waste: the Resource
Conservation and Recovery Act (RCRA); and the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA).
RCRA
RCRA is the major federal waste management statute. RCRA controls both hazardous
and non-hazardous wastes. For non-hazardous wastes, RCRA creates a federal
incentive plan that provides federal funds for states and regions that adopt federal waste
management guidelines. The major enhancement in the federal RCRA law is the lining of
dumps to ensure the waste material does not escape into the soil as it decomposes. Such
escape has been shown to contaminate groundwater, which can be a major threat in rural
areas where wells provide the main source of water consumption. The lining is a hard
plastic material that resists tears and bio-degradation; it works by trapping the waste
material (most importantly seepage) in the lining body. Much of this material can be
converted to energy, such as utilizing the gases that are created from the decomposition
process to create electricity.5 This is one example where technology is working to make
waste disposal a more efficient process while also taking advantage of the energy flows
in the waste itself to generate another form of energy – electricity.
RCRA also manages hazardous wastes. It does so by providing a manifest system that
monitors the waste from cradle-to-grave. The purpose is to closely monitor the creation,
transportation, and ultimate storage of hazardous material. Through such monitoring, the
law aims to limit the amount of hazardous waste that may escape into the environment.
Under this accounting system, a creator of waste (let’s say a chemical manufacturing
plant that has toxic chemicals as a waste product) must account for every ounce of
hazardous material created; if they store the material on-site (unusual), then they will
complete a federal form that shows exactly where the material is being stored, in what
manner it is being stored, and the exact amount of material being stored. In the end, the
amount generated must equal the amount stored on any given day. If the material is being
stored off-site, then the ledger is signed by the chemical plant, and counter-signed by the
transportation company. At the destination, the transportation company signs off on
delivery, and the holding facility signs a receipt. At each point, every entity is confirming
the amount being handed-off and/or received. Through such a process, the cradle-tograve accounting of the hazardous waste has been conducted. Federal authorities engage
in surprise inspections and testing of storage facilities to ensure the quantities of the
hazardous substance actually stored mirror the amount stated on the manifest document.
If they do not, both civil and criminal penalties can apply.
One point mentioned in the text (and worth repeating here) is the environmental justice
issue attached to areas that house hazardous waste storage facilities. Imagine living in a
community that stores hazardous waste; what do you think the presence of this facility
might do to property values? The general term given to such areas is LULUs (Locally
5
As an example:
Page 8 of 9
Undesirable Land Uses). If we look historically, most of these facilities are located in
socioeconomically depressed cities and towns. Thus, the poorest people are generally
those who live in direct danger of hazardous waste storage facilities. Is this fair? We all
benefit from the industrial advantages of the processes that generate hazardous waste, but
we do not equally share in the costs. Under such a benefit/cost analysis, does it seem right
that the poorest of our country take on the most direct burden for our prosperity? This is
but one of the logical policy questions that derive from our generation and ‘disposal’ of
waste products. Again, whether we find ourselves on the economist or ecologist side of
the scale helps to inform our understanding (and likely answers) to these questions.
CERCLA
What happens when RCRA fails to account for hazardous waste, and a piece of land
becomes contaminated? This is where CERCLA comes in. CERCLA’s purpose is to
identify and clean up contaminated sites. You may be aware of the Superfund sites
(Superfund refers to the financial program set up under CERCLA) around New Bedford.
The harbor is a famous (or infamous depending on semantics) Superfund site.6 Superfund
sites are lands that were operated during the earlier parts of our industrialization process.
Since environmental laws were not prevalent, many of the sites became contaminated
with hazardous materials. The contamination is of a kind where it poses a persistent and
substantial hazard to the health and wellbeing of humans and the environment
surrounding the site itself. Thus, the focus is to remediate the site based on the past
actions that are not longer allowed under federal law (i.e., disposing of hazardous
materials through dumping, burial, and similar means).
In order to expedite cleanup, Congress provided initial funding (Superfund) of the
CERCLA program, but the statute also allows for legal actions against responsible
parties. So, if Company X owned a property that is deemed contaminated, CERCLA
allows the federal government (working with the state) to seize the property and begin
cleanup procedures. It also authorizes the government to file a federal lawsuit against the
owners of the property to seek reimbursement for the costs of cleanup (as well as other
damages outlined in the law).
Failures of Legal Mechanisms
The federal public laws regarding waste are largely disposal statutes; they do not
directly address conservation and recovery of waste (remember our equation above on
reducing total waste), which is left primarily to the states and local governments. In other
words, the laws that deal with waste derive from a policy presumption of waste
generation. However, there are other ways of dealing with waste patterns that do not
presume the generation of waste, at least in terms of thinking about altering the net waste
that results from human activity. Policy directions that focus on conservation are one
way of accomplishing this goal.
6
http://www.epa.gov/nbh/
Page 9 of 9
An example of encouraging conservation and recycling is the adoption by the Town of
Dartmouth to impose a per bag garbage fee on garbage disposal in the Town.
Admittedly, the reason behind the bag-fee program was not environmental (rather a
money saving measure). Still, the effect has been to significantly reduce the amount of
total waste received by the Town. How has this been possible? By charging a fee,
residents have been given an incentive to reduce direct wastes because they are
internalizing the costs of the waste generation by paying per unit of waste. Residents
have thus reduced their waste inputs mainly through increased recycling efforts. Thus,
the Wr in our equation has increased substantially. Because it has an inverse relationship
with Wn, the more recycling you do, the less net waste you create. A good example of
how small economic incentives (approximately $1/bag) can have an immense change on
individual behavior, resulting in a reduced waste flow.
In addition to conservation effort through recycling, policies can also focus on the initial
generation of waste. For example, altering the design patterns in product manufacturing
and packaging can limit the amount of waste that is inputted into the system, thereby
reducing the overall concentration of potential waste product that is subject to recycling
(and other similar efforts to mitigate net waste outflows).
Conclusion
Waste generation is an ongoing concern. Our regulations have done a pretty good job
overall in controlling the amount of hazardous waste that exists in our environment;
manifest systems like those found in RCRA do a good job of identifying the generation
and ultimate storage (‘cradle-to-grave’) of hazardous waste. Nonhazardous waste
generation is increasing over time, although efforts to internalize the costs of waste
through discrete payment systems, recycling regulations, and product manufacturing
standards are beginning to have an impact on the overall picture of waste management.
Understanding the basic mechanisms that control waste (focusing on a systems approach
to the problem) can help to better identify the cases and potential policy solutions. With
federal public laws like CERCLA ensuring we clean up our legacy issues of waste from
the past, and current regulations like RCRA to control the impacts of waste generation,
we have the potential to look beyond the way in which we control waste today to a future
where we alter our waste patterns so as to move towards the most efficient utilization of
resources in respect to our larger environmental goals.
END OF SECTION.
…
Purchase answer to see full
attachment
How it works
- Paste your instructions in the instructions box. You can also attach an instructions file
- Select the writer category, deadline, education level and review the instructions
- Make a payment for the order to be assignment to a writer
- Download the paper after the writer uploads it
Will the writer plagiarize my essay?
You will get a plagiarism-free paper and you can get an originality report upon request.
Is this service safe?
All the personal information is confidential and we have 100% safe payment methods. We also guarantee good grades