RICHARD C. FORTUNA

PROFILE 

For the past twenty five years, Mr. Fortuna has been one of the principal architects of the nation's preventive hazardous waste management policies.  Mr. Fortuna is best known for his work in developing  key provisions of the 1984 RCRA Amendments,  including the land disposal restriction and corrective action provisions, while serving on the House Commerce Committee under Congressman James  Florio. In addition, he participated in the enactment of the original Superfund Act in 1980, while a member of Congressman John J. Dingell’s personal staff, and contributed to the 1986 Superfund Amendments and Reauthorization Act (SARA).   Based on these and other legislative successes,  a recent Brookings study identified “reducing exposure to hazardous waste” as one of the Federal government’s 50 greatest accomplishments of the 20^th century.

 After leaving Capitol Hill in 1984, Mr. Fortuna served as  Executive Director of the Hazardous Waste Treatment Council for eleven years -- a group which played a pivotal role in implementing all key RCRA and CERCLA policies and provisions.  In 1994, Mr. Fortuna founded Strategic Environmental Analysis, L.C., a management consulting firm whose focus is helping technology-based companies in the waste management and wastewaster fields succeed through quality market assessments,  compliance strategies and technology evaluations.  Clients also include members of the business, legal and financial communities, engineering firms, insurance companies, members of the Fortune  500, Federal and state agencies, and environmental groups. Mr. Fortuna has published numerous books and articles on waste policy and holds a Master’s Degree in Toxicology and Environmental Health Policy from the University of Michigan, School of Public Health. He also served on the Department of Energy’s Technology Development and Deployment Advisory Board for five years. Significant accomplishments include:

Hazardous and Solid Wastes

<                  Developed many of the key provisions of the 1984 RCRA Amendments including, the land disposal restriction and corrective action provisions.  The 1984 RCRA Amendments have been credited with stimulating the nation’s rapid transition from land-based to technology-based methods of hazardous waste management.  In less than 10 years the U.S. advanced from almost exclusive reliance on land disposal to one that is rich in treatment and recycling capacity;

 <         Implemented the preventive policies of 1984 RCRA legislative reforms,  including the "hammer" to ensure that present hazardous waste management does not cause future liability.  The "hammer" was the centerpiece of the 1984 RCRA reforms and is a self-implementing sanction in the event of Agency inaction on key statutory deadlines to stimulate the use of technology-based solutions;

<         Participated in the enactment of the original Superfund Act in 1980, while a member of Congressman John J. Dingell’s personal staff, and assisted in the development of the "hot spots" approach to site remediation during the 1986 Superfund re-authorization.  This policy would target the "permanent remedy" directives of 1986 Superfund legislation to optimize cleanup expenditures;

<         Counseled over 200 firms on market strategies, technology investment and scale-up, response strategies regarding various aspects of Federal and State waste regulations,  developing direct knowledge of regulated industry’s response to regulatory provisions, deadlines and remedial policies;

<                  Conducted  numerous market studies and due diligence investigations in the hazardous, solid, and radioactive waste sectors for commercial waste management firms,  insurance companies  and  financial institutions regarding:  the advisability of market entry, the need for restructuring of current services to respond to future needs and demands, and the likelihood of future success of a given technology or market strategy;

<         Provided expert witness  testimony on the history and intended impacts of RCRA and CERCLA policies on the  practices of hazardous waste generators and facilities that treat, store, and dispose of hazardous waste.  Prepared numerous Expert Reports, have been deposed and testified at trial.  Admitted as a RCRA expert in Federal and State courts and in an EPA Administrative Law proceeding;

<         Testified at over 25 Congressional hearings, and organized eight others while serving as Committee Staff;

<                  Organized 12 national and regional conferences on hazardous waste issues since 1985; and, 

<                  Improved the image and performance of the commercial hazardous waste industry to one that  is now respected for providing services that are consistent with long-term protection of public health and the environment. 

Wastewater Management

<                  Conducted a detailed study of the U.S. Biosolids Management and Equipment Market including:  profiling  of key companies; identification of all relevant supply and demand factors; and, analysis of key Federal and local regulatory trends; 

<                  Conducted two comprehensive regional assessments of harbor dredge materials management market and related wastewater disposition issues.  Studies resulted in the calculation of  supply and demand curves based upon upcoming contracts and available treatment capacity in the region; 

<                  Conducted a regional  assessment of the HDPE pipe business for both water supply and wastewater applications; 

<                  Provided expert support in two cases involving apparent violations of local, state, and/or Federal Clean Water Act requirements; 

<                  Developed policy and comments on EPA’s proposal to revise regulatory standards for  Central Wastewater Treatment Facilities; and, 

<                  Incorporated analysis of relevant Clean Water Act requirements in numerous due diligence and expert case work since 1994.

Radioactive Wastes 

<         Conducted detailed evaluations of the future market for technology-based management of low-level and mixed radioactive waste, and has performed a comprehensive assessment of the market position of all key commercial vendors in the low-level/mixed waste markets. 

<                  Recently served on DOE-HQ’s Assessment Team of the Hanford Tank Waste Privatization, which performed the final assessment of  the Department’s overall readiness to proceed with this landmark effort--- the single largest procurement in the history of DOE.  This assessment was commissioned by the Office of the Secretary. 

<                  Serves as a member of the DOE Environmental Management Advisory Board (EMAB), Technology Development and Deployment Subcommittee.  

EXPERIENCE   

President                                                                        June 1994 to Present

Strategic Environmental Analysis, L.C.

Potomac, MD 

Duties and Accomplishments:    Study design, identifying key elements of response or action strategy,  assembling team appropriate to given investigation, project management, budget preparation; investigate and research key project elements to ensure successful outcome, client development, government liaison, and public spokesperson.  See preceding Profile  for major accomplishments. 

Executive Director                                                                                             1983 to 1994

Hazardous Waste Treatment Council

Washington, D.C. 

Duties and Accomplishments:     Develop options, positions, and strategic plans to ensure that hazardous wastes are properly managed; and to ensure faithful implementation of the nation's two hazardous waste statutes, RCRA and Superfund, through direct involvement in all phases of the programs, including regulation, legislation, education, and litigation.  Public spokesperson for the hazardous waste treatment industry, including Congressional relations and preparation and delivery of testimony.  Prepare budgets, develop membership, and manage personnel.  Established the Council as the responsible voice of the commercial hazardous waste treatment industry by building a membership that recognizes the waste treatment industry as the business of environmental protection; shaped national hazardous waste policy to ensure emphasis on prevention and technology.  Produced several educational pieces for the general public on hazardous waste problems and technologies, including a video narrated by Edwin Neuman on the strengths and limitations of hazardous waste incineration.

Staff Toxicologist                                                                                                    1981 to 1983

House Energy and Commerce Committee

Transportation Hazardous Materials Subcommittee

Rep.  James J. Florio, Chairman 

Duties and Accomplishments:  Principal architect of the 1984 RCRA reforms (The Hazardous and Solid Waste Amendments of 1984 (HSWA) making land disposal the least favored method of management for hazardous wastes and requiring maximum toxicity reduction through use of best available technology prior to land disposal. 

Legislative Assistant                                                                                        1979 to 1981

Office of Representative John D. Dingell           

Duties and Accomplishments:  Participated in drafting and negotiating key provisions of the original 1980 Superfund law, including the liability standard, the size of the fund, and the clean-up standards.

EDUCATION 

Master's of Public Health                                                                           1979

Toxicology and Public Health Policy, University of Michigan 

A self-designed dual program that now serves as a formal course of study.

Bachelor of Science                                                                                   1975

Zoology and Microbiology, University of Michigan 

REFERENCES                                                                                                                   

Personal and Professional References Available Upon Request