Stockpile Regulations

When owners wish to build a new source which will add a specific amount of a specific pollutant to an area that is innonattainment with respect to that pollutant, they must, under U.S. federal regulations, document a reduction of at least that amount of the pollutant from another source in the area. They can effect this reduction, or "offset," as it is called, in another plant they own in the area or can shut down that plant. However, if they do not own another such plant or do not wish to shut down or effect such reduction in a plant they own, they can seek the required reduction or offset from another owner. Thus, such offsets are marketable credits that can be bought, sold, traded, or stockpiled ("banked") as long as the state or local regulatory agency legitimizes, records, and certificates these transactions. The new source will still have to meet NSPS, BACT or MACT, and/or LAER standards, whichever are applicable. 

Most former manufacturers in China have dismantled their equipment and roughly cleaned the stockpiles and wastes of POP pesticides. However, there was no regulation on clean-up and remediation of the former operating fields during that time. 

As described below, state scrap tire laws may include (1) funding sources (2) mandates to clean up tire dumps (3) scrap tire management procedures including stockpile, processor, and hauler regulations (4) market development incentives and (5) regulations regarding landfilling of tires. 

Most states have developed regulations to manage tire stockpiles and processing operations. A number of states have also addressed tire haulers in their regulations (12). These regulations are described below. 

The Department of Defense Authorization Act for Fiscal Year 1986 (P.L. 99-145) mandated the destruction of the U.S. stockpile of lethal chemical agents and munitions. It also required the disposal facilities to be cleaned, dismantled, and disposed of according to applicable laws and regulations... 

The Army has stated that while it is destroying the stockpile, its primary concern is the protection of the health and safety of the workers, the public, and the environment. After the Army conducted operational verification tests at the Johnston Atoll facility from 1990 through 1993, independent oversight contractors, for both EPA and the Army, concluded in their reports that the baseline incineration equipment generally operated safely and within environmental rules and regulations. 

Finally, EPA s regulation required that, after January 1, 1979, equipment containing PCB small capacitors was to be marked with the statement This Equipment Contains PCB Capacitor(s). In the preamble to its final rule, EPA stated that, even though such equipment was not subject to disposal requirements, it would be required to bear this marking in order to discourage massive stockpiling of PCB articles and incorporation of the items and equipment indefinitely into the future. 43 Fed. Reg. 7152. 

P.L. 103-337 prohibited the transport across state lines of CWM in the stockpile it allowed regulated movement of non-stockpile chemical materiel across state lines. 

However, as the committee has noted, a waste-specific (and in certain circumstances, a site-specific) determination of the safety and efficacy of incineration must be made before an incinerator can be permitted to treat non-stockpile chemical materials (NRC, 1999a). Such a risk assessment is required by EPA regulations and guidance on stack emission testing of combustion emission sources (EPA, 2001b). 

---