City of Chicago v. Environmental Defense Fund
City of Chicago v. Environmental Defense Fund
Opinion of the Court
delivered the opinion of the Court.
We are called upon to decide whether, pursuant to § 3001(i) of the Solid Waste Disposal Act (Resource Conservation and Recovery Act of 1976 (RCRA)), as added, 98 Stat. 3252, 42 U. S. C. §6921(i), the ash generated by a resource recovery facility’s incineration of municipal solid waste is exempt from regulation as a hazardous waste under Subtitle C of RCRA.
I
Since 1971, petitioner city of Chicago has owned and operated a municipal incinerator, the Northwest Waste-to-Energy Facility, that burns solid waste and recovers energy, leaving a residue of municipal waste combustion (MWC) ash. The facility burns approximately 350,000 tons of solid waste each year and produces energy that is both used within the facility and sold to other entities. The city has disposed of the combustion residue — 110,000 to 140,000 tons of MWC ash per year — at landfills that are not licensed to accept hazardous wastes.
In 1988, respondent Environmental Defense Fund (EDF) filed a complaint against petitioners, the city of Chicago and its mayor, under the citizen suit provisions of RCRA, 42 U. S. C. § 6972, alleging that they were violating provisions of RCRA and of implementing regulations issued by the Environmental Protection Agency (EPA). Respondent alleged that the MWC ash generated by the facility was toxic enough to qualify as a “hazardous waste” under EPA’s regulations, 40 CFR pt. 261 (1993). It was uncontested that, with respect to the ash, petitioners had not adhered to any of the requirements of Subtitle C, the portion of RCRA addressing hazardous wastes. Petitioners contended that
The Court of Appeals reversed, concluding that the “ash generated from the incinerators of municipal resource recovery facilities is subject to regulation as a hazardous waste under Subtitle C of RCRA.” Environmental Defense Fund, Inc. v. Chicago, 948 F. 2d 345, 352 (CA7 1991). The city petitioned for a writ of certiorari, and we invited the Solicitor General to present the views of the United States. Chicago v. Environmental Defense Fund, Inc., 504 U. S. 906 (1992). On September 18, 1992, while that invitation was outstanding, the Administrator of EPA issued a memorandum to EPA Regional Administrators, directing them, in accordance with the agency’s view of §3001(i), to treat MWC ash as exempt from hazardous waste regulation under Subtitle C of RCRA. Thereafter, we granted the city’s petition, vacated the decision, and remanded the case to the Court of Appeals for the Seventh Circuit for further consideration in light of the memorandum. Chicago v. Environmental Defense Fund, 506 U. S. 982 (1992).
On remand, the Court of Appeals reinstated its previous opinion, holding that, because the statute’s plain language is dispositive, the EPA memorandum did not affect its analysis. 985 F. 2d 303, 304 (CA7 1993). Petitioners filed a petition for writ of certiorari, which we granted. 509 U. S. 903 (1993).
II
RCRA is a comprehensive environmental statute that empowers EPA to regulate hazardous wastes from cradle to grave, in accordance with the rigorous safeguards and waste management procedures of Subtitle C, 42 U. S. C. §§6921-6934. (Nonhazardous wastes are regulated much more loosely under Subtitle D, 42 U. S. C. §§ 6941-6949.) Under
RCRA does not identify which wastes are hazardous and therefore subject to Subtitle C regulation; it leaves that designation to EPA. 42 U. S. C. § 6921(a). When EPA’s hazardous waste designations for solid wastes appeared in 1980, see 45 Fed. Reg. 33084, they contained certain exceptions from normal coverage, including an exclusion for “household waste,” defined as “any waste material . . . derived from households (including single and multiple residences, hotels and motels),” id., at 33120, codified as amended at 40 CFR § 261.4(b)(1) (1993). Although most household waste is harmless, a small portion — such as cleaning fluids
The 1980 regulations thus provided what is known as a “waste stream” exemption for household waste, ibid., i. e., an exemption covering that category of waste from generation through treatment to final disposal of residues. The regulation did not, however, exempt MWC ash from Subtitle C coverage if the incinerator that produced the ash burned anything in addition to household waste, such as what petitioners’ facility burns: nonhazardous industrial waste. Thus, a facility like petitioners’ would qualify as a Subtitle C hazardous waste generator if the MWC ash it produced was sufficiently toxic, see 40 CFR §§ 261.3, 261.24 (1993) — though it would still not qualify as a Subtitle C TSDF, since all the waste it took in would be characterized as nonhazardous. (An ash can be hazardous, even though the product from which it is generated is not, because in the new medium the contaminants are more concentrated and more readily leachable, see 40 CFR §§261.3, 261.24, and pt. 261, App. II (1993).)
Four years after these regulations were issued, Congress enacted the Hazardous and Solid Waste Amendments of 1984, Pub. L. 98-616, 98 Stat. 3221, which added to RCRA
Section 3001(i), 42 U. S. C. § 6921(i), entitled “Clarification of household waste exclusion,” provides:
“A resource recovery facility recovering energy from the mass burning of municipal solid waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of regulation under this subchapter, if—
“(1) such facility—
“(A) receives and burns only—
“(i) household waste (from single and multiple dwellings, hotels, motels, and other residential sources), and
“(ii) solid waste from commercial or industrial sources that does not contain hazardous waste identified or listed under this section, and
“(B) does not accept hazardous wastes identified or listed under this section, and
“(2) the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility.”
The plain meaning of this language is that so long as a facility recovers energy by incineration of the appropriate wastes, it (the facility) is not subject to Subtitle C regulation as a facility that treats, stores, disposes of, or manages hazardous waste. The provision quite clearly does not contain any exclusion for the ash itself Indeed, the waste the facility produces (as opposed to that which it receives) is not even
Petitioners contend, however, that the practical effect of the statutory language is to exempt the ash by virtue of exempting the facility. If, they argue, the facility is not deemed to be treating, storing, or disposing of hazardous waste, then the ash that it treats, stores, or disposes of must itself be considered nonhazardous. There are several problems with this argument. First, as we have explained, the only exemption provided by the terms of the statute is for the facility. It is the facility, not the ash, that “shall not be deemed” to be subject to regulation under Subtitle C. Unlike the preamble to the 1980 regulations, which had.been in existence for four years by the time §3001(i) was enacted, §3001(i) does not explicitly exempt MWC ash generated by a resource recovery facility from regulation as a hazardous waste. In light of that difference, and given the statute’s express declaration of national policy that “[w]aste that is ... generated should be treated, stored, or disposed of so as to minimize the present and future threat to human health and the environment,” 42 U. S. C. § 6902(b), we cannot interpret the statute to permit MWC ash sufficiently toxic to qualify as hazardous to be disposed of in ordinary landfills.
Moreover, as the Court of Appeals observed, the statutory language does not even exempt the facility in its capacity as
Petitioners appeal to the legislative history of §3001(i), which includes, in the Senate Committee Report, the statement that “[a]ll waste management activities of such a facility, including the generation, transportation, treatment, storage and disposal of waste shall be covered by the exclusion.” S. Rep. No. 98-284, p. 61 (1983) (emphasis added). But it is the statute, and not the Committee Report, which is the authoritative expression of the law, and the statute prominently omits reference to generation. As the Court of Appeals cogently put it: “Why should we, then, rely upon a single word in a committee report that did not result in legislation? Simply put, we shouldn’t.” 948 F. 2d, at 351.
Our interpretation is confirmed by comparing §3001(i) with another statutory exemption in RCRA. In the Superfund Amendments and Reauthorization Act of 1986, Pub. L. 99-499, § 124(b), 100 Stat. 1689, Congress amended 42 U. S. C. § 6921 to provide that an “owner and operator of equipment used to recover methane from a landfill shall not be deemed to be managing, generating, transporting, treating, storing, or disposing of hazardous or liquid wastes within
Petitioners contend that our interpretation of §3001(i) turns the provision into an “empty gesture,” Brief for Petitioners 23, since even under the pre-existing regime an incinerator burning household waste and nonhazardous industrial waste was exempt from the Subtitle C TSDF provisions. If §3001(i) did not extend the waste-stream exemption to the product of such a combined household/ nonhazardous-industrial treatment facility, petitioners argue, it did nothing at all. But it is not nothing to codify a household waste exemption that had previously been subject to agency revision; nor is it nothing (though petitioners may value it as less than nothing) to restrict the exemption that the agency previously provided — which is what the provision here achieved, by withholding all waste-stream exemption for waste processed by resource recovery facilities, even for the waste stream passing through an exclusively household waste facility.
* * *
RCRA’s twin goals of encouraging resource recovery and protecting against contamination sometimes conflict. It is not unusual for legislation to contain diverse purposes that must be reconciled, and the most reliable guide for that task is the enacted text. Here that requires us to reject the Solicitor General’s plea for deference to the EPA’s interpretation, cf. Chevron U S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, 843-844 (1984), which goes beyond the scope of whatever ambiguity §3001(i) contains. See John Hancock Mut. Life Ins. Co. v. Harris Trust & Sav. Bank, 510 U. S. 86,109 (1993). Section 3001(i) simply cannot be read to contain the cost-saving waste-stream exemption petitioners seek.
For the foregoing reasons, the judgment of the Court of Appeals for the Seventh Circuit is
Affirmed.
The dissent is able to describe the provision as exempting the ash itself only by resorting to what might be called imaginative use of ellipsis: “even though the material being treated and disposed of contains hazardous components before, diming, and after its treatment[,] that material ‘shall not be deemed to be . . . hazardous.’” Post, at 346. In the full text, quoted above, the subject of the phrase “shall not be deemed . . . hazardous” is not the material, but the resource recovery facility, and the complete phrase, including (italicized) the ellipsis, reads “shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes.” Deeming a facility not to be engaged in these activities with respect to hazardous wastes is of course quite different from deeming the output of that facility not to be hazardous.
“Treatment” means “any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous.” 42 U. S. C. §6903(34).
“Storage” means “the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.” §6903(33).
“Disposal” means “the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters.” §6903(3).
Nothing in the dissent’s somewhat lengthier discourse on §3001(i)’s legislative history, see post, at 343-345, convinces us that the statute’s omission of the term “generation” is a scrivener’s error.
We express no opinion as to the validity of EPA’s household waste regulation as applied to resource recovery facilities before the effective date of §3001(i). Furthermore, since the statute in question addresses only resource recovery facilities, not household waste in general, we are unable to reach any conclusions concerning the validity of EPA’s regulatory scheme for household wastes not processed by resource recovery facilities.
In view of our construction of § 3001(i), we need not consider whether an agency interpretation expressed in a memorandum like the Administrator’s in this case is entitled to any less deference under Chevron than an interpretation adopted by rule published in the Federal Register, or by adjudication.
Dissenting Opinion
dissenting.
The statutory provision in question is a 1984 amendment entitled “Clarification of Household Waste Exclusion.”
I
When Congress enacted the Resource Conservation and Recovery Act of 1976 (RCRA), it delegated to the Environmental Protection Agency (EPA) vast regulatory authority over the mountains of garbage that our society generates. The statute directed the EPA to classify waste as hazardous or nonhazardous and to establish regulatory controls over the disposition of the two categories of waste pursuant to Subtitles C and D of RCRA. 42 U. S. C. § 6921(a); see ante, at 331-332. To that end, the EPA in 1980 promulgated detailed regulations establishing a federal hazardous waste management system pursuant to Subtitle C.
Generally, though not always, the EPA regulations assume that waste is properly characterized as hazardous or nonhazardous when it first becomes waste. Based on that charac
Section 261.4(b)(1) of the EPA’s 1980 regulations first established the household waste exclusion. See 45 Fed. Reg. 33120 (1980). The relevant text of that regulation simply provided that solid wastes derived from households (including single and multiple residences, hotels, and motels) were “not hazardous wastes.”
The EPA’s explanatory comment contained an important warning: If household waste was “mixed with other hazardous wastes,” the entire mixture would be deemed hazardous.
Congress enacted that clarification in 1984. Elaborating upon the EPA’s warning in 1980, the text of the 1984 amendment— § 3001(i) of RCRA, 42 U. S. C. §6921(i) — made clear that a facility treating a mixture of household waste and “solid waste from commercial or industrial sources that does not contain hazardous waste,” § 6921(i)(l)(A)(ii), shall not be
The parallel between the 1980 regulation and the 1984 statutory amendment is striking. In 1980 the EPA referred to the exclusion of household waste “in all phases of its management.”
The Report of the Senate Committee that recommended the enactment of § B001(i) demonstrates that the sponsors of the legislation understood it to have the same meaning as the 1980 EPA regulation that it “clarified.” That Report, which is worth setting out in some detail, first notes that the reported bill adds the amendment to §3001 “to clarify the coverage of the household waste exclusion with respect to resource recovery facilities recovering energy through the mass burning of municipal solid waste.” S. Rep. No. 98-284, p. 61 (1983). The EPA had promulgated the exclusion “in its hazardous waste management regulations established to exclude waste streams generated by consumers at the household level and by sources whose wastes are sufficiently simi
“All waste management activities of such a facility, including the generation, transportation, treatment, storage and disposal of waste shall be covered by the exclusion, if the limitations in paragraphs (1) and (2) of [the amendment] are met. First, such facilities must receive and burn only household waste and solid waste from other sources which does not contain hazardous waste identified or listed under section 3001.
“Second, such facilities cannot accept hazardous wastes identified or listed under section 3001 from commercial or industrial sources, and must establish contractual requirements or other notification or inspection procedures to assure that such wastes are not received or burned. This provision requires precautionary measures or procedures which can be shown to be effective safeguards against the unintended acceptance of hazardous waste. If such measures are in place, a resource recovery facility whose activities would normally be covered by the household waste exclusion should not be penalized for the occasional, inadvertent receipt and burning of hazardous material from such commercial or industrial sources. Facilities must monitor the waste they receive and, if necessary, revise the precautionary*345 measures they establish to assure against the receipt of such hazardous waste.” Ibid.
These comments referred to the Senate bill that became law after a majority of the Senate followed the Committee’s recommendation “that the bill (as amended) do pass.” Id., at l.
The relevant statutory text is not as unambiguous as the Court asserts. There is substantial tension between the broad definition of the term “hazardous waste generation” in § 1004(6) of RCRA and the household waste exclusion codified by the 1984 amendment: Both provisions can be read to describe the same activity. The former “means the act or process of producing hazardous waste.” 90 Stat. 2799; 42 U. S. C. § 6903(6). Read literally, that definition is broad enough to encompass the burning of pure household waste that produces some hazardous residue. The only statutory escape from that conclusion is the 1984 amendment that provides an exemption for the activity of burning household waste. Yet that exemption does not distinguish between pure household waste, on the one hand, and a mixture of household and other nonhazardous wastes, on the other. It either exempts both the pure stream and the mixture, or it exempts neither.
Indeed, commercial and industrial waste is by definition nonhazardous: In order for it to fall within the exclusion created by the 1984 amendment, it must not contain hazardous components. As a consequence, the only aspect of this waste stream that would ordinarily be regulated by Subtitle C of RCRA is the ash residue. EPA could reasonably conclude, therefore, that to give any content to the statute with respect to this component of the waste stream, the incinerator ash must be exempted from Subtitle C regulation.
The exemption states that a facility burning solid waste “shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of regulation under this subchapter” if two conditions are satisfied. See ante, at 334. As long as the two conditions are met — even though the material being treated and disposed of contains hazardous components before, during, and after its treatment — that material “shall not be deemed to be . .. hazardous.” By characterizing both the input and the out
Thus, if we are to be guided only by the literal meaning of the statutory text, we must either give effect to the broad definition of hazardous waste generation and subject all municipal incinerators that generate hazardous ash to Subtitle C regulation (including those that burn pure household waste) or give effect to the exclusion that applies equally to pure household waste and mixtures that include other nonhazardous wastes. For several reasons the latter is the proper choice. It effectuates the narrower and more recently enacted provision rather than the earlier more general definition. It respects the title of the 1984 amendment by treating what follows as a “clarification” rather than a repeal or a modification. It avoids the Court’s rather surprising (and uninvited) decision to invalidate the household waste exclusion that the EPA adopted in 1980,
The majority’s decision today may represent sound policy. Requiring cities to spend the necessary funds to dispose of their incinerator residues in accordance with the strict requirements of Subtitle C will provide additional protections to the environment. It is also true, however, that the conservation of scarce landfill space and the encouragement of the recovery of energy and valuable materials in municipal wastes were major concerns motivating RCRA’s enactment. Whether those purposes will be disserved by regulating municipal incinerators under Subtitle C and, if so, whether environmental benefits may nevertheless justify the costs of such additional regulation are questions of policy that we are not competent to resolve. Those questions are precisely the kind that Congress has directed the EPA to answer. The
Accordingly, I respectfully dissent.
Section 223 of the Hazardous and Solid Waste Amendments of 1984 amended § 3001 of the Resource Conservation and Recovery Act of 1976. See 98 Stat. 3252; 42 U. S. C. § 6921(i). The text of the provision is quoted ante, at 334.
The full text of 40 CFR § 261.4(b)(1) (1993) reads as follows:
“(b) Solid Wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:
“(1) Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered (e. g., refuse-derived fuel) or reused. ‘Household waste’ means any waste material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels).”
“When household waste is mixed with other hazardous wastes, however, the entire mixture will be deemed hazardous in accord with §261.3(a)(2)(ii) of these regulations except when they are mixed with hazardous wastes produced by small quantity generators (see § 261.5). While household waste may not be hazardous per se, it is like any other solid waste. Thus a mixture of household and hazardous (except those just noted) wastes is also regulated as a hazardous waste under these regulations.” 45 Fed. Reg. 33099 (1980).
In this regard, because the regulations left unexplained the ramifications of mixing household waste with nonhousehold waste that is not hazardous, the Court errs by asserting unqualifiedly that the Chicago incinerator “would have been considered a Subtitle C generator under the 1980 regulations.” Ante, at 334.
“Since household waste is excluded in all phases of its management, residues remaining after treatment (e. g. incineration, thermal treatment) are not subject to regulation as hazardous waste.” 45 Fed. Reg. 33099 (1980).
The Conference Committee adopted the Senate amendment verbatim. Its Report stated: “The Senate amendment clarifies that an energy recovery facility is exempt from hazardous waste requirements if it burns only residential and non-hazardous commercial wastes and establishes procedures to assure hazardous wastes will not be burned at the facility.” H. R. Conf. Rep. No. 98-1133, p. 106 (1984).
The majority’s refusal to attach significance to “‘a single word in a committee report,’ ” ante, at 337, reveals either a misunderstanding of, or a lack of respect for, the function of legislative committees. The purpose of a committee report is to provide the Members of Congress who have not taken part in the committee’s deliberations with a summary of the provisions of the bill and the reasons for the committee’s recommendation that the bill should become law. The report obviously does not have the force of law. Yet when the text of a bill is not changed after it leaves the committee, the Members are entitled to assume that the report fairly summarizes the proposed legislation. What makes this Report significant is not the single word “generation,” but the unmistakable intent to maintain an existing rule of law. The omission of the single word “generating” from the statute has no more significance than the omission of the same word from the text of the 1980 regulation.
The Court characterizes my reading of the text as “imaginative use of ellipsis,” ante, at 335, n. 1, because the subject of the predicate “shall not be deemed to be . . . hazardous” is the recovery facility rather than the residue that is disposed of after the waste is burned. That is true, but the reason the facility is exempted is because it is not “deemed to be ... disposing of... hazardous wastes.” Thus it is the statutorily deemed nonhazardous character of the object of the sentence — wastes—that effectively exempts from Subtitle C regulation the activity and the facility engaged in that, activity. If, as the statute provides, a facility is not deemed to be disposing of hazardous wastes when it disposes of the output of the facility, it must be true that the output is deemed nonhazardous.
Although the first nine pages of the Court’s opinion give the reader the impression that the 1980 regulatory exclusion for pure household waste was valid, the Court ultimately acknowledges that its construction of the statute has the effect of “withholding all waste-stream exemption for waste processed by resource recovery facilities, even for the waste
At oral argument Government counsel advised us that the Chicago incinerator is one of about 150 comparable facilities in the country and that the EPA has never contended that the acceptance of nonhazardous commercial waste subjected any of them to regulation under Subtitle C. Tr. of Oral Arg. 25.
See specially Judge Haight’s comprehensive opinion in Environmental Defense Fund, Ine. v. Wheelabrator Technologies, Inc., 725 F. Supp. 758 (SDNY 1989), aff’d, 931 F. 2d 211 (CA2 1991). That decision is cited with approval by Circuit Judge Ripple, 985 F. 2d 303,305 (CA7 1993) (dissenting opinion); Environmental Defense Fund, Inc. v. Chicago, 948 F. 2d 345,352 (CA7 1991) (dissenting opinion), in this litigation.
Although there has been some ambivalence in the EPA’s views since 1985, see 725 F. Supp., at 766-768, there is no ambiguity or equivocation in either its original or its present interpretation of RCRA.
Reference
- Full Case Name
- CITY OF CHICAGO Et Al. v. ENVIRONMENTAL DEFENSE FUND Et Al.
- Cited By
- 232 cases
- Status
- Published