The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), was amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986. These amendments include the provisions under Section 104(c)(9) that require states to assure the availability of hazardous waste treatment or disposal facilities that have adequate capacity to manage the hazardous waste expected to be generated within the state over 20 years, before EPA provides any remedial actions.

On this page:

• Background
• National Capacity Assessment Reports and Supporting Documents

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Background

The Agency worked closely with the states to develop a planning process that first focuses on an assessment of national capacity. The assessment of national capacity is intended to reflect the reality of waste flows and needs for future management capacity. The national planning approach is described in the Guidance for Capacity Assurance Planning document dated May 1993 and involves EPA assessing capacity nationwide by aggregating state-specific data.

While the most recent National Capacity Assessment Report indicates that there exists adequate national capacity for the treatment and disposal of hazardous waste through the year 2039, there is the potential for unforeseen circumstances (e.g., new federal regulations, permit denials, taxes on management, statutory limitations on landfills, and changing market conditions) that could affect the future availability of management capacity. Nationally, the industry is consolidating and restructuring as indicated by the existence of fewer landfills, incinerators, and energy recovery facilities permitted under RCRA Subtitle C requirements than reported in the 1993 CAP data submissions.

Assuring adequate capacity requires active planning on the part of all parties, including states, tribal governments, industry, and commercial management facilities. This necessitates that all states periodically examine their capacity situations, identify areas of concern, and develop plans that consider future needs. These planning exercises will add to states’ knowledge of their hazardous waste management systems, help them implement waste minimization programs, and encourage companies to replace older treatment units with more efficient technologies. This can be especially important if studies of hazardous waste management data show capacity issues for specific waste streams anticipated to be generated within a state’s borders.

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National Capacity Assessment Reports and Supporting Documents

• Updated Statement for National Capacity Language for Superfund State Contracts (PDF)(5 pp, 1 MB, March 25, 2015)
• 2015 National Capacity Assessment Report (PDF)(214 pp, 3 MB, March 25, 2015)
• 2009 Statement of Capacity Assurance in State Superfund Agreements (PDF)(3 pp, 913 K, July 17, 2009)
• 1997 Memorandum Discussing Additional Source Material Pertaining to Update for the National Capacity Assessment pursuant to CERCLA 104(c)(9) (PDF)(1 pg, 30 K, April 24, 1998)
• 1996 National Capacity Assessment Report: Capacity Planning Pursuant to CERCLA Section 104(c)(9) (PDF)(86 pp, 6 MB, November 1996)
• New Waste Capacity Assurance Language for Superfund State Contracts and Remedial Cooperative Agreements (PDF)(2 pp, 112 K, April 17, 1995)
• One-Time Waste Estimates for Capacity Assurance Planning (PDF)(112 pp, 5 MB, January 1995)
• Draft National Capacity Assessment Report (PDF)(89 pp, 4 MB, October 1994)
• Docket Index Listing 1993 Capacity Assurance Plans Submitted by the States (RCRA Docket # F-92-CAGA-FFFF) (PDF)(42 pp, 2 MB)
• Capacity Assurance Planning Guidance (PDF)(206 pp, 7 MB, May 1993)
• Hazardous Waste Management Planning Needs and Practices (A Review of Several State Approaches) (PDF)(53 pp, 2 MB, 1993)
• Hazardous Waste Management in the States (A Review of the Capacity Assurance Process) (PDF)(54 pp, 2 MB, 1992)
• Assurance of Hazardous Waste Capacity: Guidance to State Officials (PDF)(81 pp, 3 MB, 1988)
• Assurance of Hazardous Waste Capacity: Guidance to State Officials (PDF)(9 pp, 362 K, April 15, 1991)