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1898 |
Energy recovery from garbage incineration started
in New York City. |
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1970s |
First-generation research was followed by construction of refuse-derived
fuel systems and pyrolysis units in the late 1970s.
U.S. Navy, Wheelabrator, and Ogden acquired the European mass burn technologies
that would dominate the U.S. industry by the late 1980s.
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1976 |
Resource Conservation and Recovery Act (RCRA)
empowered the Environmental Protection Agency (EPA) to regulate residues
from solid waste incinerators. Unclear wording made application of the law
to MSW power plants uncertain, and the issue was taken to court. |
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1978 |
Public Utility Regulatory Policies Act (PURPA) enacted PURPA mandated
the purchase of electricity from qualifying facilities (QFs) at a utility’s
avoided cost of energy and capacity. This legislation was used to require
utilities to pay a higher price for power from MSW power plants than the
plants had traditionally received.
U.S. Supreme Court defined waste to be an article of interstate commerce
that cannot be discriminated against unless there is some reason, apart
from its origin, to treat it differently, or unless Congress specifies
otherwise for particular articles of commerce.
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1986 |
The Tax Reform Act of 1986 eliminated the tax-free
status of MSW power plants financed with industrial development bonds, reduced
accelerated depreciation, and eliminated the 10-percent tax credit. The
Act also reduced State caps on private tax-exempt bonds in 1988, further
reducing funding sources and increasing the cost of capital. |
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1987 |
Landfill tipping fees doubled, and doubled again
about every 2 years due to rising landfill costs resulting from the RCRA.
Siting issues became increasingly difficult. |
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1989 |
EPA report on recycling, The Solid Waste Dilemma:
An Agenda for Action advocated recycling as a waste management tool. |
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1990 |
The EPA recognized MSW power as a renewable fuel
that would qualify for up to 30,000 sulfur dioxide emission allowances from
a special pool of 300,000 designed to promote conservation and renewable
energy. The EPA also required MSW power plants over 250 tons per day to
employ best available control technology (BACT). |
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1991 |
Resource Conservation and Recovery Act, Subtitle
D: the EPA announced that small, unlined landfills would be required to
close by December 31, 1993. This action spurred the infant recycling industry
and increased tipping fees around the country. Most landfills requested
and received extensions. |
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1992 |
An EPA memorandum excluded ash from regulation as a hazardous waste
under Subtitle C of the RCRA, as long as it was not characterized as toxic.
15 States had adopted recycling legislation.
The U.S. Supreme Court ruled that State-imposed waste import restrictions
were illegal. "Economic protectionist" measures that violated the Commerce
Clause and were, therefore, unconstitutional.
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1994 |
The U.S. Supreme Court ruled that the exemption of MSW (from a hazardous
waste definition) under the RCRA did not extend to ash. MSW ash must be
tested and disposed of in hazardous waste landfills if found to exceed
EPA regulations on hazardous wastes under RCRA.
The U.S. Supreme Court upheld challenges to flow control. As a result,
existing flow control contracts could be rendered invalid under specific
situations (on a case-by-case basis). Several plants have shut down as
a result. The California Supreme Court also ruled against flow control.
The EPA strengthened air emission standards for MSW combustion plants
by requiring maximum achievable control technologies (MACT). It also included
plants as small as 40 tons per day under regulations.
Flow Control is defined as: The laws, regulations, and economic incentives
(or disincentives) used by waste managers to direct waste generated in
a specific geographic area (e.g., their city) to a designated landfill,
recycling, or waste-to-energy facility (e.g., in another State).
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1995 |
The Senate passed a flow control bill to grandfather
in existing flow control contracts to prevent the major risk of MSW bond
default in 14 States. |