Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator SETZLER.
April 10, 1991
The Honorable Nick A. Theodore
President of the Senate
State House, First Floor
Columbia, South Carolina 29202
Dear Mr. President:
Pursuant to Act 196 of 1989 (Section 44-56-840(C)), enclosed please find the First Annual Report of the Hazardous Waste Management Select Oversight Committee. The Act requires that the Committee report annually to the General Assembly on the expenditure of funds related to the Hazardous Waste Management Research Fund.
By copy of this letter, the report will be transmitted for publication in the Senate Journal.
J. Verne Smith, Chairman
Hazardous Waste Management
Select Oversight Committee
Act 196 of 1989 amended the South Carolina Hazardous Waste Management Act to create the Hazardous Waste Management Research Fund (Fund). Funded by a portion of the disposal fees imposed upon generators of hazardous waste, the Fund must be used for research related to waste minimization and reduction as well as for the development of more effective and efficient methods of conducting governmental response actions at uncontrolled hazardous waste sites. The South Carolina Universities Research and Education Foundation (Foundation), comprised of the University of South Carolina, Clemson University, South Carolina State College, and the Medical University of South Carolina, is authorized to expend the Fund for research that meets the criteria outlined in the Act.
The Act also provided for a portion of the hazardous waste disposal fees to be used to fund hazardous waste minimization and reduction activities within the Department of Health and Environmental Control (DHEC). Pursuant to the Act, DHEC established the Center for Waste Minimization, a non-regulatory arm of the Department that provides technical assistance and information to business and industry in South Carolina.
II. THE HAZARDOUS WASTE MANAGEMENT SELECT OVERSIGHT COMMITTEE
The Act also created the Hazardous Waste Management Select Oversight Committee (Committee) which was charged with monitoring the use of funds and overseeing the research efforts and projects approved for funding by the Foundation. The Committee is comprised of ten members who are:
(1) the Governor or his designee;
(2) the Chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee, or his designee;
(3) the Chairman of the House Labor, Commerce and Industry Committee, or his designee;
(4) the Chairman of the Senate Agriculture, Natural Resources and Environmental Affairs Committee, or his designee;
(5) the Chairman of the Senate Labor, Commerce and Industry Committee, or his designee;
(6) the Commissioner of the Department of Health and Environmental Control, or his designee;
(7) one representative of business and industry appointed by the Governor;
(8) one public member appointed by the Governor;
(9) one representative of environmental interests appointed by the Governor; and
(10) the Lieutenant Governor, or his designee.
The Chairman is selected by the members of the Committee. The Committee is required to meet quarterly and receives staff support from existing staff assigned by the Committee. The Committee is required to submit an annual report to the General Assembly on all funds monitored in accordance with the provisions of the Act.
The Committee held its first meeting on November 30, 1989. At that time, the Committee selected Senator J. Verne Smith, Chairman, Senate Labor, Commerce and Industry Committee, as Chairman. Representative Charles Sharpe was selected as Vice-Chairman of the Committee. The Committee received reports from the Foundation as to the development of an Implementation Plan for the use of the Fund and from DHEC on the creation of the Center for Waste Minimization. Subsequent meetings of the Committee were held on May 30, September 19 and December 5, 1990, in accordance with the requirement of the Act that the Committee meet on a quarterly basis. At each meeting, the Committee received status reports relating to the expenditures of the Fund, the research activities conducted by the Foundation, and the progress and work of the Center for Waste Minimization at DHEC. The minutes of the Committee meetings are kept in the office of Senator J. Verne Smith, Suite 313, Gressette Building, and are available for public inspection.
III. EXPENDITURES OF THE HAZARDOUS WASTE MANAGEMENT RESEARCH FUND
The Foundation is required to submit an annual report to the Committee providing a full accounting for the expenditures of the Fund and the results realized from the research program. The annual report of the Foundation is included as "Attachment B," and is incorporated as part of this report. The report of the Foundation describes the research efforts and includes a financial report for the Fund. This report, and the Committee meeting minutes, provide an accounting on all funds monitored by the Committee for the period beginning January 1, 1990 and ending December 31, 1990.
IV. EXPENDITURES OF THE CENTER FOR WASTE MINIMIZATION
The Center received approximately $183,332 in fees for operation during calendar year 1990. Expenditures by the Center for 1990 totalled $105,291. This included the hiring of four staff: one engineering manager; two project managers; and a secretary. During the first year of operation, the Center concentrated its efforts on employee and hiring and training, establishment of program resources, and initial efforts to publicize the Center's resources. During 1990, the Center provided assistance to approximately one hundred clients which included the performance of twenty on-site waste minimization assessments.
First year efforts to implement the provisions of Act 196 have been successful. The establishment of the research program, the procedures and protocols for expenditures of the Fund, and the research efforts that have been funded for the first year have been productive. In concert with the waste minimization activities of DHEC's Center for Waste Minimization, a strong foundation has been established for future efforts to assist business and industry in South Carolina in hazardous waste reduction and minimization efforts.
The Hazardous Waste Management Research Fund (HWMRF) was established by 1989 amendments to the South Carolina Hazardous Waste Act. In creating the Fund, the General Assembly sought to "...ensure the availability of funds for the conduct of research related to waste minimization and reduction and for the development of more effective and efficient methods of conducting governmental response actions at uncontrolled hazardous waste sites." Funding for this initiative is provided by a fee imposed upon generators of hazardous waste. Revenues generated by the fee are periodically transferred to the South Carolina Universities Research and Education Foundation.*
Legislation authorizing the creation of the Fund called for the establishment of "a comprehensive research program to improve current hazardous waste management practices with particular emphasis on waste minimization and reduction and the development of more effective and efficient methods of conducting governmental response actions at abandoned or uncontrolled hazardous waste sites." Initiatives supported through the Hazardous Waste Management Research Fund are mandated to:
(1) have a direct and positive impact on waste minimization and reduction in this State;
(2) recommend strategies to deal effectively with major existing hazardous waste management problems in this State and to improve current hazardous waste management practices;
(3) examine and provide recommendations on cost-effective hazardous waste management techniques and new or emerging technologies for use in the public and private sectors (including effective methods of cleaning up abandoned or uncontrolled hazardous waste sites);
*The South Carolina Universities Research and Education Foundation (SCUREF) was incorporated in 1988. The purpose of the Foundation is to allow the University of South Carolina, Clemson University, The Medical University of South Carolina and South Carolina State College to pool their resources and talents to develop special programs, technologies, and expertise to conduct research and enhance educational opportunities in the State of South Carolina. SCUREF is administered through a Board of Directors consisting of the Presidents of the four academic institutions.
(4) provide hazardous waste management education, training, and public information; and
(5) assess the impact of existing and emerging hazardous waste management practices on the public health and environment.
To plan for the implementation of the HWMRF, SCUREF established a Task Force representing the University of South Carolina, Clemson University, the Medical University of South Carolina, and South Carolina State College. The Task Force sought technical advice from the Department of Health and Environmental Control and others, reviewed relevant documents, gathered information from other states, made a preliminary assessment of higher education's capacity to respond to hazardous waste problems, and met with representatives of government, industry, research organizations, and concerned environmental groups.
The Task Force recommended a two-stage strategy for utilization of HWMRF resources. The Task Force recommended that Stage One activities should involve:
_ A systematic empirical assessment of hazardous waste generation in the State. This assessment should involve longitudinal analysis of DHEC quarterly reports and related files and an assessment of the feasibility of working with industrial associations to develop technology audits that would help industries understand where they stand relative to "best hazardous waste management practice."
_ An assessment of what has been learned by other Southeastern States in their joint university-government-industry hazardous waste management research programs.
_ The preparation of "state-of-the-art" white papers on critical hazardous waste management issues to serve as a basis for planning subsequent work of the Fund.
The Task Force recommended that Stage Two implementation activities should establish a process for the continuing identification of hazardous waste issues; the solicitation and selection of faculty proposals to address those problems; and for the dissemination of results within the State to maximize the potential effect of HWMRF supported research.
Organizational Framework for Implementation
A key element in the successful implementation of the HWMRF involved the creation of structures and processes to bring to life the recommendations of the Task Force. This process was begun in January of 1990. As illustrated in Figure 1, four distinct groups were formed to assist in managing the Fund:
The Director of the HWMRF and relevant support staff.
A Technical Advisory Committee, composed of representative from SCUREF universities and colleges, South Carolina industry, environmental groups representing statewide constituencies and the Department of Health and Environmental Control. The Committee has the responsibility for setting annual funding priorities and reviewing proposals with respect to those priorities.
A National Scientific Review Panel to serve as the primary evaluation mechanism for proposed HWMRF projects.
The Select Oversight Committee, created by action of the General Assembly, to review the activities and financial status of the Fund.
1. HWMRF Staff
2. Technical Advisory Committee
3. National Review Panel
4. Select Oversight Committee
1. Administration HWMRF provides for housing facilities and fiscal management
Select Oversight Committee reviews administration and fiscal management
2. Establishing HWMRF works with USC, MUSC,
HWMRF Program Clemson, SC State, and DHEC
Priorities to organize annual waste
reduction & minimization
conference and workshop; open
HWMRF appoints Technical Committee and convenes
Technical Advisory Committee drafts annual statement of program priorities
Select Oversight Committee reviews and comments on content of priority statement
3. Issuing Annual HWMRF prepares call for proposals
Call for Proposals based on statement of program
Technical Advisory reviews and
comments on CFP
4. Review of Proposals HWMRF appoints National Review
panel. Screens proposals for
completeness; selects appropriate
review team from Review Panel
Technical Advisory Committee reviews
proposals after review by National
Panel. Primary criteria relates to
state needs. Ranks proposals.
National Review Panel reviews
proposals for feasibility, scientific
merit and related criteria
5. Making Awards HWMRF makes awards consistent with
Technical Committee rankings.
Negotiates budgetary matters as
6. Project Monitoring HWMRF receives Quarterly Progress
Reports from awardees. Disseminate
to Technical Committee and Select
Technical Advisory reviews Quarterly
Select Oversight Committee reviews
Quarterly Progress Reports
7. Dissemination HWMRF publishes or causes to be
published, on Technical Committee/
National Review Panel advice, results
deemed useful to the State's waste
reduction and minimization goals
An approximate annual timetable for HWMRF activities is shown in Figure 2. The annual cycle begins with a September Conference. To ensure continuing responsiveness to issues and problems relating to hazardous waste in South Carolina and to ensure that funds are expended on high priority problems, the Fund reviews its funding priorities on an annual basis. Key elements of the review process include the following:
In the late summer of each year, the members of the Technical Advisory Committee meet with principal investigators supported by the Fund to explore the implications of project results for future funding priorities.
In the fall of each year, an open conference on hazardous waste reduction in South Carolina brings HWMRF principal investigators, South Carolina industry, environmental groups, state government and concerned citizens together to examine strategies for waste reduction and for solving the state's abandoned/uncontrolled site problem. Conference participants are provided with the opportunity to make suggestions for Fund strategies in the light of current knowledge and prevailing state problems.
Drawing on these processes, the Technical Advisory Committee establishes program priorities. This statement of program priorities serves as the basis for issuing the annual Call for Proposals in November.
Annual Timing Activity
September Annual statewide Conference on Hazardous Waste Reduction
October Technical Committee drafts statement of priorities for research and other activities
November Issue Annual Call for Proposals
January Proposals received and given preliminary review by HWMRF staff
Proposals sent to National Review Panel and to Technical Advisory Committee
February National Review Panel reviews and recommendations forwarded to Technical Advisory Committee
March Technical Committee completes final review of proposals and establishes ranks for funding
Annual Report to Select Oversight Committee
HWMRF staff initiates Annual Conference planning
April HWMRF staff conducts budget negotiations and makes awards based on Technical Committee rankings
July/Aug. Projects start-up
II. Progress in Waste Minimization: The First Year
Revenues began to accrue to the HWMRF in the third quarter of 1989. By the end of the fourth quarter, revenues were sufficient to begin a limited number of activities designed to meet Fund objectives. During the first quarter (January-March) of 1990 selected faculty at SCUREF institutions were invited to submit proposals to meet the Stage One objectives outlined by the Implementation Task Force. At the same time, the HWMRF Technical Advisory Committee was created to advise the Fund Director on the advisability of proposed projects.
Membership on the HWMRF Technical Advisory Committee for 1990-91 includes the following individuals:
Mr. Bill Buck, Allied Fibers
Mr. J. Walker Coleman, Medical University of South Carolina
Mr. Lynn Cooper, Michelin Tire Corporation
Dr. Tom Keinath, Clemson University
Dr. Mary Kelly, League of Women Voters
Mr. Jeff de Bessonet, Department of Health & Environmental
Mr. Harber McClearen, Select Oversight Committee
Mr. Harmon Shade, DuPont
Ms. Betty Spence, S.C. Wildlife Federation
Ms. Nancy Stone-Collum, Sierra Club
Dr. Tom Whitney, South Carolina State College
After review of proposals received from faculty at SCUREF institutions, the Fund elected to support eight projects. They included the following:
Drs. Eric Snider and Thomas Overcamp of Clemson's Environmental Systems Engineering Department led a team of USC and Clemson engineers that worked with 16 carefully selected South Carolina industries. At each plant, engineering teams reviewed site operations, performed a waste minimization audit and made recommendations for reducing levels of hazardous waste generation. Teams also compared results across types and sizes of industries in an attempt to understand waste reduction issues facing the full range of South Carolina industry.
Dr. John Morse, of USC's Engineering School, examined DHEC's RCRA data files to explore the feasibility of measuring levels of waste generation and waste reduction by South Carolina's industries.
Dr. James Yates, of USC Aiken, examined "The Potential of Biological Processes for Remediation of Contamination Produced by Industries in South Carolina."
Dr. A.S. McAnally, of USC Engineering School, examined "Issues in the Development of State Waste Reduction."
Dr. Thomas Overcamp, of Clemson's Environmental Systems Engineering Department, explored "Issues in Hazardous Waste Incineration."
Dr. Kevin Farley, of Clemson's Environmental Systems Engineering Department, examined "The Status of Hazardous Waste Management Research in the Southeast."
Dr. Alan W. Elzerman, of Clemson's Environmental Systems Engineering Department, examined "Issues in Abandoned Hazardous Waste Site Management."
Dr. Janet Z. Temple, of MUSC, examined "Biological and Infectious Waste Management."
To provide a forum for discussing the results of the Fund's first round of projects, the First Annual Joint Conference on Hazardous Waste Reduction was held in Columbia on September 25 and 26. The Conference brought industry, environmentalists, academics, and government together to examine effective hazardous waste reduction and management strategies. Over 140 people from all over the State attended the Conference. Of those who attended, 44% were from industry, 12% were from environmental groups, 14% were from government agencies, and 30% represented academia. Importantly, the Conference provided the first statewide vehicle where all of those concerned with waste minimization could share their perspectives on the problem. Conference attendees were given the opportunity to help identify and discuss South Carolina's priority hazardous waste problems and help shape the 1991 research priorities of the Fund.
1990 Governor's Pollution Prevention Award
The Fund worked with the Office of the Governor to establish the First Annual Governor's Pollution Prevention Award as a part of the Conference proceedings. The Award is intended to recognize the achievements of South Carolina businesses and industries that have already exhibited outstanding commitment to protecting South Carolina's environment through innovative hazardous waste reduction and minimization practices.
Entries were judged by the Fund's Technical Advisory Committee. The Committee evaluated entries based on criteria that included the amount of waste reduction achieved, documented cost savings, innovative pollution prevention benefits, commitment by management, and innovative remedial actions taken to correct problems caused by previous waste management activities.
As a result of this process, Governor Campbell recognized the achievements of two South Carolina companies that established significant programs to reduce the amount of hazardous waste they generate. MEMC Electronic Materials of Spartanburg was selected to receive the 1990 Governor's Pollution Prevention Award for large industry. Bommer Industries of Gaffney received the award in the small industry category. Mobay Corporation, near Charleston, and Kemet Electronics of Fountain Inn received honorable mention.
Proceedings from the Conference
One of the objectives of the HWMRF is to ensure that results of research and other programs are disseminated to industry throughout South Carolina. To meet that objective, the HWMRF staff compiled and edited the Proceedings of the 1990 Joint Conference on Hazardous Waste Reduction. The Proceedings contain the research projects and programs presented at the 1990 Conference. The Proceedings will be distributed to all members of the S.C. General Assembly, all conference participants, and all hazardous waste generators in the State.
1991 Program Priorities
In early October, following the first annual Joint Conference on Hazardous Waste Reduction, the Technical Advisory Committee established 1991 HWMRF program priorities. Program priorities resulted from research funding and suggestions by conference participants. These priorities were incorporated into the first HWMRF Call for Proposals and 1991 Guidelines. In November, the Call for Proposals was disseminated to faculty in the SCUREF institutions.
The 1991 Fund priorities focused on three areas: waste reduction, waste management, and education. In the waste reduction area, the announcement called for proposals to address research needs relating to technology and manufacturing processes. Specifically, the Fund is seeking proposals that develop University-Industry Partnerships to address critical industry needs in South Carolina, including (1) feedstock substitution; (2) substitutes for hazardous solvents; and (3) air toxic emission reduction. The Fund also called to technology demonstration and evaluation projects focusing on (1) recycling and reuse; and (2) strategies to strengthen waste exchange markets.
Proposals were also invited on several important social-institutional policy issues, including:
(1) Measurement of waste generation levels and changes, including the Toxic Release Inventory;
(2) Analysis of the Toxic Use Reduction Issue;
(3) Analysis of Incentives and Disincentives for Waste Reduction/Recycling;
(4) Analysis of Effect of JIT Manufacturing on Waste Production; and
(5) An Assessment of the Impact of out-of-state Wastes on South Carolina including Inter-State Regulatory Consistency
In the waste management, the Fund called for research addressing (1) the problem of remediating abandoned and uncontrolled sites, (2) in-situ remediation of soils and groundwater, and (3) incineration. With respect to the latter area, the announcement expressed particular interest in proposals addressing instrumentation for continuous emission monitoring, ambient air quality monitoring, the fate of heavy metals, and the need for local epidemiological studies.
Finally, the Fund called for proposals to establish an aggressive educational outreach program that will inform South Carolina industries regarding effective strategies to reduce and manage hazardous wastes. The Fund is particularly interested in programs designed to reach small to middle sized industries in the State.
Proposals from faculty at SCUREF institutions are undergoing review at this writing. Projects selected for funding will start up in early summer of 1991.
To ensure the continuing momentum of HWMRF activities, several smaller projects were commissioned to begin work in the first quarter of 1991. These projects typically involve matters which are critical to the state's hazardous waste problems. In many instances, they also represent targets of opportunity in that the human resources available to manage them were available during the middle of the academic year. In each case, projects were commissioned to operate through June 30, 1991. Included were the following:
1. Dr. Eric Snider of Clemson University and Dr. Heyward Hornsby of USC will join forces to offer Workshops in Waste Minimization across the State of South Carolina. In doing so, they will work closely with relevant industry associations in order to maximize participation.
2. Dr. Thomas Overcamp of Clemson University will begin the first stage of a multi-year project to understand, and explore ways of controlling, emissions of heavy metals from hazardous waste incinerators.
3. Dr. John S. Morse of USC will work with DHEC's Center for Waste Minimization and the State Development Board to offer Waste Reduction Assessments to industries considering a South Carolina location for their plant. Dr. Morse will also prepare a background "state-of-the-art" paper on the feasibility of continuous stack monitoring from hazardous waste incinerators.
4. Dr. Richard Smith of USC will do pilot work to demonstrate the need for and feasibility of cross-industry transfer of waste reduction technologies.
5. Finally, Dr. Jan Z. Temple of the Medical University of South Carolina, will undertake a preliminary assessment of the need for a Council on Medical Waste in the State.
The attached financial report from the South Carolina Universities Research and Education Foundation, covering the period January 1, 1990 through December 31, 1990 is hereby incorporated as part of this report.*
*In interpreting the financial report, it should be noted that a total of $142,899.56 has been committed for new projects through the end of the first quarter of 1991. In addition it should be noted that revenues are for the six quarter period from July 1, 1989 through December 31, 1990.
Hazardous Waste Fees Collected/Transferred by
SC Department of Health & Environmental Control $916,407.72
Interest Income 11,924.81
Total Revenues $928,332.53
Hazardous Waste Management Research Control Center
(L. Douglas Dobson - Principal Investigator) $ 16,573.44
Waste Minimization Surveys for SC Industries
(Eric H. Snider/Thomas J. Overcamp
- Principal Investigators) 48,410.66
Development of White Papers on Critical Hazardous
(Ann C. Baker - Principal Investigator) 40,734.28
SC Hazardous Waste Generation Analysis
(John Morse - Principal Investigator) 30,592.24
Hazardous Waste Management Conference
Coordination and Management (S. Jane Massey/
Edwin Thomas - Principal Investigators) 10,920.38
Total Expenditures $147,231.00
Note: The Hazardous Waste Management Research Control Center has budget committed for an additional $72,330.56 to continue its operation to September 30, 1991. All other projects listed above have been completed. Additional awards will be made in 1991 in accordance with intent of the Hazardous Waste Management Research Fund legislation.
(By prior motion of Senator J. VERNE SMITH, the report was ordered printed in the Journal)
At 11:12 A.M., on motion of Senator LOURIE, the Senate adjourned to meet next Tuesday at 12:00 Noon.
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