Managing Disaster Debris: Overview of Regulatory Requirements, Agency Roles, and Selected Challenges

Managing Disaster Debris: Overview of

Regulatory Requirements, Agency Roles,

and Selected Challenges

-name redactedAnalyst in Environmental Policy

January 13, 2011

Congressional Research Service

7-....

www.crs.gov

RL34576

CRS Report for Congress

Prepared for Members and Committees of Congress

Managing Disaster Debris

Summary

After a disaster, when a region turns its attention to rebuilding, one of the greatest challenges to

moving forward may involve how to properly manage debris generated by the event. Options

include typical methods of waste management—landfilling, recycling, or burning. The challenge

after a major disaster (e.g., a building or bridge collapse, or a flood, hurricane, or earthquake) is

in managing significantly greater amounts of debris often left in the wake of such an event.

Debris after a disaster may include waste soils and sediments, vegetation (trees, limbs, shrubs),

municipal solid waste (common household garbage, personal belongings), construction and

demolition debris (in some instances, entire residential structures and all their contents), vehicles

(cars, trucks, boats), food waste, so-called white goods (refrigerators, freezers, air conditioners),

and household hazardous waste (cleaning agents, pesticides, pool chemicals). Each type of waste

may contain or be contaminated with certain toxic or hazardous constituents. In the short term,

removal of debris is necessary to facilitate the recovery of a geographic area. In the long term, the

methods by which these wastes are to be managed require proper consideration to ensure that

their management (by landfilling, for example) will not pose future threats to human health or the

environment.

After a presidentially declared disaster, federal funding or direct assistance in response to the

disaster may be available to a state or local government. The Federal Emergency Management

Agency (FEMA) may provide funding through its Public Assistance (PA) Grant Program for

debris removal operations that eliminate immediate threats to lives, public health, and safety, or

eliminate immediate threats of significant damage to improved public or private property. The

federal share of funding to the affected area will be stated in the disaster declaration, but will be

no less than 75%. The funding will be available for response activities in a designated geographic

area for a specific period of time.

In addition to funding, if the state or local government does not have the capability to respond to

the disaster, it may request direct federal assistance from FEMA. Federal agencies most likely to

assist with debris removal operations are the U.S. Army Corps of Engineers (the Corps) and the

U.S. Environmental Protection Agency (EPA). Activities they may perform include right-of-way

clearance, curbside waste pickup, private property debris removal, property demolition, assistance

with contaminated debris management, and collection of household hazardous waste.

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Contents

Introduction ................................................................................................................................1

Types and Amount of Debris .......................................................................................................2

Federal and State Waste Management Requirements....................................................................3

Federal and State Agency Roles in Debris Removal.....................................................................5

Federal Agency Roles ...........................................................................................................6

FEMA.............................................................................................................................6

The Corps .......................................................................................................................8

EPA ................................................................................................................................8

State and Local Agency Roles ...............................................................................................8

Selected Challenges to Managing Disaster Debris .......................................................................9

Managing Large Volumes of Waste .......................................................................................9

Ensuring the Ability of Residents to Return to a Disaster Area...............................................9

Separating Hazardous and Nonhazardous Wastes ..................................................................9

Managing Asbestos-Containing Materials ........................................................................... 10

For Additional Information........................................................................................................ 10

Contacts

Author Contact Information ...................................................................................................... 10

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Managing Disaster Debris

Introduction

In the aftermath of a major natural disaster, a potential threat to safety and obstacle to recovery

and rebuilding is the presence of significant amounts of disaster debris. Depending on the type of

disaster, debris may include waste soils and sediments, vegetation (trees and shrubs), man-made

structures (collapsed homes, buildings, or bridges), and personal property. The ability of residents

to return to the area and live in a safe and healthy environment may depend on how quickly and

effectively a community manages its debris.

There are many factors that influence the proper and timely management of disaster debris. For

one, the sheer volume of debris can overwhelm a community. As an illustration, what follows are

disaster debris amounts generated during three major disasters:

•

Hurricane Katrina, 2005—more than 118 million cubic yards (CY)1 over a

93,000-square-mile area.

•

Hurricane Andrew, 1992—43 million CY over a 500-square-mile area.

•

The Northridge Earthquake, 1994—7 million CY.

A large volume of waste can quickly overburden existing landfill space. The likely best choice for

most regions will involve diverting as much debris as possible from area landfills (through

recycling, burning, composting, or another method of volume reduction) the logistics of which,

however, can prove complicated without proper pre-disaster planning.

Also, the desire to manage disaster debris as quickly as possible can have detrimental long-term

repercussions if debris is managed improperly. During a disaster, some amount of hazardous

waste will likely be commingled with nonhazardous wastes (for instance, under flooding

conditions, household hazardous waste or sewage may contaminate nonhazardous personal

property). Afterward, improper disposal of hazardous waste may lead to future environmental,

health, or safety problems, such as the contamination of local groundwater.

This report addresses debris resulting from a “major disaster” or “emergency” declared2 by the

President. First, it discusses the types of debris commonly generated during and after a disaster

and selected factors that can make “debris removal”3 such a costly, complex operation. Second, it

discusses the roles of federal, state, and local agencies after a disaster has been declared—with

regard to both funding debris removal and the actual physical process of removal.

1

By way of comparison, a cubic yard is approximately the size of a conventional dishwasher.

A distinction to be made regarding “declared” disasters is that the cleanup related to such events is eligible for a

certain amount of federal funding. This is in contrast to a disaster such as the April 20, 2010, explosion on the

Deepwater Horizon offshore drilling rig, and resulting oil spill in the Gulf of Mexico. That event also generated large

amounts of oily waste and debris (e.g., oil soaked booms and dead animals). While the cleanup costs related to that

event were the responsibility of a private company, the federal and state waste management requirements discussed in

this report would still apply to such a disaster.

3

In this report, the term “debris removal” is used broadly. Where necessary, actions such as disposal or recycling are

referred to specifically.

2

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Types and Amount of Debris

Generally, “disaster debris” includes waste materials created after a natural disaster such as an

earthquake, tornado, fire, flood, hurricane, or winter snow or ice storm. Before a community can

move forward with debris recovery, it must have some understanding of the types of debris

involved and the volume it must handle.

The type of debris generated is largely dependent upon the nature of the disaster.4 For example,

debris caused by flooding differs somewhat from debris resulting from an earthquake or tornado.

Each category of debris poses individual challenges to disposal, particularly when generated in

significant amounts or when forms of waste become mixed with one another to the point that

separation is difficult. Typical disaster debris includes

•

municipal solid waste (MSW)—personal belongings and general household

trash;

•

soil and sediment;

•

putrescibles—animal carcasses (pets or farm animals), rotten or spoiled fruits,

vegetables, seafood, or meats;

•

white goods—refrigerators, freezers, air conditioners, washers, dryers, stoves,

water heaters, and dishwashers;

•

household hazardous waste—oil, pesticides, paints, cleaning agents;

•

construction and demolition (C&D) debris—road, bridge, or building materials

such as metals, asphalt, drywall, plaster, brick, concrete, roofing materials, and

treated or untreated lumber;

•

vegetative debris—trees, branches, shrubs, and logs;

•

vehicles and vessels—cars, trucks, and boats, fuel, motor oil, batteries, and tires;

and

•

electronic waste—computers, televisions, printers, stereos, DVD players, and

telephones.

To appropriately manage these different waste streams, it is also necessary to estimate the total

volume of debris. This is important for various reasons, including the identification of appropriate

staging grounds to separate wastes, determination of necessary landfill space, determination of

necessary contract services, and anticipation of special handling requirements applicable to

hazardous debris.

There are various methods of estimating debris totals. The U.S. Army Corps of Engineers (the

Corps) uses mathematical modeling forecasts that take into account such factors as the number of

4

For more information, see the Environmental Protection Agency’s report Planning for Natural Disaster Debris,

March 2008, pp. 6-7, available at http://www.epa.gov/epawaste/conserve/rrr/imr/cdm/debris.htm and the Federal

Emergency Management Agency’s FEMA-325, Public Assistance: Debris Management Guide, July 2007, pp. 54-57,

available at http://www.fema.gov/government/grant/pa/demagde.shtm.

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households affected, the amount of vegetative cover in a given area, commercial density, and a

storm’s intensity. 5

To effectively manage disaster debris, the U.S. Environmental Protection Agency (EPA) and the

Federal Emergency Management Agency (FEMA) recommend that states develop a disaster

debris management plan before a disaster strikes. Such plans delineate the types of disaster debris

that will be handled under particular emergency conditions and existing laws that apply to the

handling and disposal of different types of waste (i.e., hazardous waste, nonhazardous waste,

asbestos-containing materials). State plans may also specify requirements regarding a selection of

debris storage and staging sites and waste-handling methods (e.g., chipping/grinding, burning, or

landfilling) for certain types of waste, provide an inventory of debris capacity at local debris

management facilities—including recycling, waste to energy, and disposal options—and evaluate

equipment and administrative needs such as pre-negotiated waste management contracts and prequalified contractors.6

Federal and State Waste Management Requirements

Although any waste management choice may involve certain environmental concerns, landfilling

and burning often cause the most concern among a region’s residents. Generally, disaster debris

will be sent to a landfill or it may be managed in some way that reduces its volume (such as open

burning/incineration, 7 recycling, or chipping and grinding). Each choice involves activities that

may require compliance with certain local, state, or federal regulations. For example, states are

required to manage solid and hazardous waste in accordance with provisions of the Resource

Conservation and Recovery Act (RCRA).8 (In addition to RCRA, depending on how waste is

managed, provisions of other environmental laws such as the Clean Air Act or Clean Water Act

may also apply.)

Under Subtitle C of RCRA, EPA has the authority to implement and enforce hazardous waste

management standards. Businesses that generate hazardous waste above certain thresholds must

transport, treat, store, and dispose of their hazardous waste in accordance with certain regulatory

requirements. However, households and certain small businesses are essentially exempt from

hazardous waste management requirements under RCRA. This means that hazardous waste

generated by these entities can be disposed of in common household or municipal garbage. After

a disaster, this can be a particular concern when hazardous waste is generated in significant

amounts by these unregulated entities.

5

FEMA-325, Public Assistance: Debris Management Guide, pp. 53-62 and Appendix B.

EPA, Planning for Natural Disaster Debris, pp. 3-31.

7

Open burning includes both burning debris in an open pit and burning debris in an air curtain incinerator (ACI). The

air curtain method incorporates a pit constructed by digging below grade or building above grade (if there is a shallow

groundwater table) and a blower. The blower and pit make up an engineered system which must be precisely

configured to properly function. The blower must have adequate air velocity to provide a “curtain effect” to hold smoke

in and to feed air to the fire below. See EPA’s “Planning for Natural Disaster Debris, pp. 30.

8

Solid waste is defined broadly under the law as “any garbage, refuse ... and other discarded material” (42 U.S.C. §

6903). Hazardous waste, a subset of solid waste, is defined as a solid waste that is either specifically listed in the

regulations (40 C.F.R. §§ 261.31-261.33) or meets specific criteria that make it toxic, ignitable (i.e., burns readily),

corrosive, or reactive (e.g., explosive) (40 C.F.R. § 261.3).

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Non-hazardous solid wastes are regulated under Subtitle D of RCRA.

Under Subtitle D, EPA established criteria applicable to solid waste management facilities that

may receive hazardous household waste and hazardous wastes from small quantity generators.9

Subsequently, EPA promulgated “Criteria for Municipal Solid Waste Landfills” (at 40 C.F.R.

258). Those regulations include location restrictions, operation and design criteria (e.g., liner,

leachate collection, run-off controls), groundwater monitoring and corrective action requirements,

closure and post-closure care, and financial assurance criteria. The permitting and monitoring of

municipal and non-hazardous waste landfills are the responsibility of individual states. The actual

planning and direct implementation of solid waste programs under Subtitle D are largely a state

and local function.

While municipal solid waste (MSW) landfills are required to meet minimum federal standards,

non-hazardous solid waste that falls outside the definition of MSW is regulated by individual

states. Often, a sizable proportion of disaster debris is classified as construction and demolition

(C&D) waste. Under federal law, C&D waste is classified neither as hazardous waste nor as

MSW. Therefore, C&D landfills are not subject to federal design and operational criteria (i.e.,

C&D landfills are not required under federal law to have protective liners that an MSW landfill

would have).

In addition to having the authority to determine what criteria a C&D landfill must meet, states

would also have the authority to determine what materials constitute C&D waste. In the event of

an emergency, a state may change the regulatory definition of C&D debris to more broadly

characterize larger volumes of debris that have been generated in the wake of a particular disaster.

One issue of concern with this approach is that C&D waste commingled with more hazardous

materials could be disposed of at landfills that are not designed to accept such wastes. Therefore,

it is suggested that hazardous materials such as asbestos, lead-based paint, PCBs, and any other

contaminated materials should be separated from C&D waste before landfill disposal. 10 Further,

to lessen the burden on disposal facilities and potentially reduce costs, it is recommended that

C&D waste be reused and recycled.

Like C&D waste, vegetative debris often represents a significant proportion of disaster debris.

Vegetative debris can be chipped or ground up for re-use. It is estimated that the volume of

vegetative debris can be reduced by as much as 75% using this method of waste reduction.

Because of the potentially huge volume of vegetative debris following a disaster, burning may be

a preferred method of waste-handling (which reduces the waste by as much as 95%). If that is the

case, local, state, or federal regulations that control emissions of air pollutants will likely apply.

Further, when mixed or contaminated with other wastes (such as sewage), burning may not be an

option. Also, if residents have begun to return to a disaster area, there may be significant

opposition to burning by community members who would be affected by the smoke.11

9

“Small quantity generators” (SQGs) are a category of hazardous waste generators. As specified under Section 3001(d)

of RCRA Subtitle C, SQGs are those that generate between 100 and 1,000 kilograms of hazardous waste during a

calendar month.

10

EPA, Planning for Natural Disaster Debris, p. 22-24.

11

The impact to the community depends on the burning method used. For example, air curtain pit incinerators have

fewer environmental impacts than uncontrolled open-air burning.

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Following are other common categories of waste and special handling requirements, pursuant to

local, state, or federal regulations or recommendations, that apply to each:

•

White goods must be separated from other waste and delivered to certified

recyclers permitted to drain refrigerants and other regulated chemicals and oils.

•

Household hazardous waste (HHW) should be collected separately and

disposed of in specially designed landfills.

•

Putrescible wastes rot or decay quickly, and must be managed quickly to avoid

disease vectors (rodents, flies, mosquitoes). Some putrescibles can be composted

and rendered.

•

Electronic wastes, which contain lead, mercury, and other heavy metals, should

be separated from other waste recycled or disposed of as HHW.

•

Automobiles and boats generally can be recycled, but gas tanks, mercury

switches, batteries, and tires should be removed and managed separately.

•

Soils and sediments can be reused. However, in agricultural areas, soil may be

too contaminated with fertilizers or other chemicals to be used on residential or

agricultural lands.

Federal and State Agency Roles in Debris Removal

Federal agency response to debris removal after a disaster is generally done in accordance with

provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (The Stafford

Act, 42 U.S.C. §§ 5121-5206).12 The Stafford Act authorizes the President to declare a “major

disaster” or “emergency” which in turn enables federal agencies to provide assistance to state and

local governments overwhelmed by catastrophes. The declaration may also authorize all federal

agencies, as necessary, to provide assistance to respond to a disaster, including the “demolition of

unsafe structures which endanger the public” (§ 5170b) and debris removal activities (§ 5173).13

The declaration will also specify geographic areas over which the declaration is made.

The National Response Framework (NRF or the Framework) is a guide to existing federal

authorities applicable to all-hazard responders. Developed by the Department of Homeland

Security (DHS), the NRF applies to situations in which the resources of state and local authorities

are overwhelmed and authorities have requested federal assistance. The NRF does not confer new

authorities upon the Secretary of DHS or any other federal official. Rather, the NRF establishes

the coordinating structures, processes, and protocols required to integrate the specific statutory

and policy authorities of various federal departments and agencies.

The NRF identifies and groups the capabilities of federal departments and agencies into 15

Emergency Support Functions (ESFs) to provide the planning, support, resources, program

12

For more information on provisions of the Stafford Act, see CRS Report RL33053, Federal Stafford Act Disaster

Assistance: Presidential Declarations, Eligible Activities, and Funding, by (name redacted).

13

The Stafford Act and implementing regulations use the term “debris removal” in a broad sense to encompass the

entire process of removing, handling, recycling, and disposing of debris (44 C.F.R. 206.224).

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implementation, and emergency services most likely to be needed. 14 Two ESFs include debris

removal missions:

•

ESF #3, Public Works and Engineering—this includes infrastructure protection

and emergency repair, infrastructure restoration, engineering services,

construction management, and critical infrastructure liaison. The Corps is the

lead agency to complete this ESF.15

•

ESF #10, Oil and Hazardous Materials Response—this includes oil and

hazardous materials response and environmental safety and short- and long-term

cleanup. EPA is the lead agency to complete this ESF; the Corps provides

support.16

Federal Agency Roles

FEMA

FEMA serves two primary roles in debris removal operations. First, it provides funding to eligible

applicants. Second, it may provide direct federal assistance to an applicant (state or local

government) that does not have the capability to respond to a presidentially declared disaster.17

Funding debris removal

With regard to funding, FEMA provides grant assistance to reimburse state, tribal, and local

governments, and certain types of private nonprofit organizations for their response and recovery

efforts. This is done through FEMA’s Public Assistance (PA) Grant Program. To be eligible for PA

funding, the debris removal work must

•

be a direct result of a presidentially declared disaster;

•

occur within the designated disaster area; and

•

be the legal responsibility of the applicant at the time of the disaster.18

Eligible activities must also be in the public interest, which is defined as activities that will

14

•

eliminate an immediate threat to lives, public health, and safety;

•

eliminate immediate threats of significant damage to improved public or private

property;

•

ensure the economic recovery of the affected community to the benefit of the

community-at-large; or

See FEMA’s National Response Framework, available at https://www.fema.gov/emergency/nrf/.

15

See FEMA’s the National Response Framework, “Emergency Support Function #3—Public Works and Engineering

Annex,” available at https://www.fema.gov/pdf/emergency/nrf/nrf-esf-03.pdf.

16

See FEMA’s the National Response Framework, “Emergency Support Function #10—Oil and Hazardous Materials

Response Annex,” available at https://www.fema.gov/pdf/emergency/nrf/nrf-esf-10.pdf.

17

42 U.S.C. § 5172.

18

44 C.F.R. 206.223(a).

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•

mitigate the risk to life and property by removing substantially damaged

structures and associated appurtenances as needed to convert property acquired

through a FEMA hazard mitigation program to uses compatible with open space,

recreation, or wetlands management practices.19

The disaster declaration will state whether debris removal operations will be funded. The federal

share will also be specified. That share will be no less than 75%, but may be more if requested by

the state and approved by the President.

Providing direct assistance

When an affected state or local government does not have the capability required to respond to a

presidentially declared disaster, it may request direct federal assistance from FEMA.20 The

approved request is called a “mission assignment.” A mission assignment is a work order issued

by FEMA to another federal agency directing completion of a specific assignment in response to

a presidential declaration of a major disaster or emergency. 21 To have debris removal activities

mission assigned,

•

the state must specifically request it from FEMA;

•

the community must demonstrate that the required disaster-related efforts exceed

state and local resources; and

•

the scope of work must include specific quantifiable, measurable tasks.

Eligible debris-related activities include

•

removing debris from critical roadways and facilities;

•

removing debris from curbsides or from eligible facilities and hauling it to either

temporary or permanent disposal sites;

•

identifying, designing, operating, and closing debris management sites;

•

monitoring debris removal operations; and

•

demolishing and/or removing disaster-damaged structures and facilities in

accordance with FEMA regulations and policies.

Depending on the nature and location of debris (e.g., on farmland, highways, in the coastal zone),

many federal agencies may provide assistance in fulfilling requirements of the applicable ESF.

However, the Corps and EPA are the two lead agencies responsible for completing debris-related

ESFs.

19

44 C.F.R. 206.224(a).

42 U.S.C. § 5173.

21

FEMA-325, Public Assistance: Debris Management Guide, p. 141.

20

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The Corps

The Corps acts as the coordinator for ESF #3 (Public Works and Engineering). The Corps’s

mission includes right-of-way clearance, curbside pickup, private property debris removal, and

property demolition. Included within its ESF #3 mission is providing personnel for the debris

removal team, obtaining a contractor to execute the mission, and coordinating landfill and burn

sites and the final disposal of debris. The management of contaminated debris is coordinated with

EPA under ESF #10.

EPA

Under ESF #3, EPA assists local agencies in locating disposal sites for debris clearance activities

and assists with contaminated debris management activities by coordinating and/or providing

resources, assessments, data, expertise, technical assistance, monitoring, and other appropriate

support.

EPA is the lead federal agency under ESF #10 (Oil and Hazardous Materials Response). Under

the mission, FEMA funds EPA’s retrieval and disposal of orphan tanks and drums and the

collection of household hazardous waste; the collection of liquid and semi-liquid waste has also

been tasked to ESF #10.

EPA generally works with other federal agencies (particularly the Corps), state agencies, and local

governments to facilitate the collection, segregation, and management of waste. EPA may also

provide guidance on such issues as burning debris, proper disposal of equipment that may contain

PCBs, and proper handling and disposal of asbestos-containing debris.

State and Local Agency Roles

The states help coordinate local government requests for federal assistance and work with FEMA

to define the mission. The Corps coordinates with state representatives regarding operational

issues. Alternatively, state or local governments may choose to accept the debris removal mission

themselves and apply to FEMA for reimbursement.

Local agencies are responsible for providing Rights-of-Entry permits to allow the Corps or its

contractors to enter private property for debris removal activities (within the Corps’s authority),

establishing criteria and procedures for classifying different types of debris, selecting disposal

methods and approving disposal operations, condemning properties, providing demolition plans,

and designating the appropriate type of landfill.

State environmental protection agencies or departments of environmental quality are the

environmental regulatory arms of state governments. A state environmental agency may issue a

declaration of emergency after a disaster. Such a declaration would specify how debris removal

operations should be carried out for the particular disaster. For example, after Hurricane Katrina,

the Louisiana Department of Environmental Quality expanded the definition of C&D waste to

essentially allow the entire contents of flooded homes in New Orleans to be disposed of in C&D

landfills. Each state is authorized to implement its own solid and hazardous waste management

programs, including siting and permitting of debris disposal sites.

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Selected Challenges to Managing Disaster Debris

There are many challenges to managing disaster debris, particularly if a region does not have a

debris management plan in place. Some of these challenges include issues associated with

managing large volumes of waste, ensuring the ability of property owners to return to an area and

assist with cleanup, separating hazardous and nonhazardous waste, and managing asbestoscontaminated wastes.

Managing Large Volumes of Waste

The logistics of managing tens of thousands or millions of cubic yards of waste form a daunting

task, even when a community is prepared. When not prepared, a region must coordinate the

physical removal of debris, and likely designate a temporary staging area to sort and separate the

waste before determining the appropriate management method. If debris removal contractors have

not already been identified, it may be time-consuming to find a sufficient number of waste

haulers able or qualified to do the work.

Further, it is generally recommended that communities conserve landfill space as much as

possible by reusing and recycling their disaster debris. However, this is an option only in so far as

there are available markets for those materials.

Ensuring the Ability of Residents to Return to a Disaster Area

In the event of widespread devastation to a region, the speed with which cleanup and rebuilding

occurs may depend on how quickly debris on private property can be removed. Generally, debris

removal from private property does not qualify for federal funding because it is considered a

responsibility of individual property owners that may be covered by private insurance. However,

if residents move disaster-generated debris to a public right-of-way (e.g., curbside), federal

funding of debris removal may be available. Therefore, to a certain degree, the speed with which

debris from private property is removed will depend upon the speed with which residents are able

to return to the area and assist in the cleanup.

Separating Hazardous and Nonhazardous Wastes

As discussed above, the separation of waste is also necessary to comply with existing local, state,

and federal waste management regulations. To ensure that disaster debris is managed

appropriately, returning residents are generally asked to separate debris as much as possible. If

residents do not or are unable to separate their waste, waste management contractors or landfill

operators may have to do so. Separating debris is a time-consuming, costly, and potentially

dangerous process. Further, disaster debris may be mixed to the point that separation is either

very difficult or essentially impossible (i.e., in flooding situations). This may mean that hazardous

waste is mixed with nonhazardous waste and disposed of in a landfill not intended to hold such

waste. As a result, the disposal site may pose a long-term threat to human health or the

environment.

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Managing Asbestos-Containing Materials

If a disaster involves the destruction of homes and buildings built before the late 1970s, the

presence of asbestos-containing materials (ACM) will likely be a concern. The need to segregate

that material before demolition and disposal will add to the time it takes to demolish individual

structures. Both federal and state laws specify criteria that must be met when demolishing a

structure with asbestos-containing materials.22 Further, after a disaster, states will likely develop

their own protocols for complying with asbestos requirements as they apply to the destruction and

cleanup. EPA will generally work closely with affected states and provide debris management

guidance specific to their disaster conditions. For example, after Hurricane Katrina, EPA advised

states to make efforts to segregate asbestos and certain other types of waste for proper disposal in

landfills prior to burning the debris.23

For Additional Information

Following are selected guidance, fact sheets, and Web pages produced by FEMA, EPA, and the

Corps to assist applicants with the federal funding process, disaster debris planning, and debris

removal operations:

•

FEMA report FEMA-325, Public Assistance: Debris Management Guide, July

2007, available at http://www.fema.gov/government/grant/pa/demagde.shtm.

•

EPA Web page “Dealing with Debris and Damaged Buildings,” available at

http://www.epa.gov/naturalevents/returnhomeadvisory.htm. This Web page

includes links to various guidance documents and additional Web pages

regarding disaster debris management.

•

EPA Web page “Disaster Debris,” available at http://www.epa.gov/epawaste/

conserve/rrr/imr/cdm/debris.htm. This Web page includes EPA’s March 2008

report Planning for Natural Disaster Debris.

•

The Corps “Debris Management” fact sheet, available at

http://www.swg.usace.army.mil/CorpsHurricaneResponse/.

Author Contact Information

(name redacted)

Analyst in Environmental Policy

#redacted#@crs.loc.gov, 7-....

22

The Clean Air Act (§ 112) establishes national emissions standards for hazardous air pollutants (NESHAP),

including asbestos. Individual states, in coordination with EPA, must manage ACM in compliance with the asbestos

NESHAP, with regard to asbestos removal and disposal during building destruction and renovation (40 C.F.R.

§§ 61.140-61.160).

23

EPA website, Hurricane Katrina Response, Frequent Questions, “Asbestos,” available at http://www.epa.gov/katrina/

faqs.htm.

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