[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4984 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4984

To amend the Solid Waste Disposal Act to regulate the use of hazardous 
 waste as fuel for energy recovery, the operation of cement kilns that 
 burn hazardous waste as fuel, the disposal of cement kiln dust waste, 
                        and related activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 18, 1994

   Ms. Margolies-Mezvinsky introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Solid Waste Disposal Act to regulate the use of hazardous 
 waste as fuel for energy recovery, the operation of cement kilns that 
 burn hazardous waste as fuel, the disposal of cement kiln dust waste, 
                        and related activities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Uniform Hazardous 
Waste Treatment Act of 1994''.
    (b) References to the Solid Waste Disposal Act.--Whenever in this 
Act an amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.).

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Cement kilns produce cement kiln dust that has caused 
        and, if not properly controlled, will continue to cause 
        contamination of air, soil, and surface and ground water, and 
        that present unacceptable hazards to human health and the 
        environment.
            (2) Cement kiln dust and cement products produced from 
        kilns that burn hazardous waste contain concentrations of heavy 
        metals, particularly lead, at levels significantly higher than 
        that produced in cement kilns that do not burn hazardous waste.
            (3) Widespread burning of hazardous wastes in cement kilns 
        under current regulations discourages preferable forms of 
        recycling, reclamation, and reuse.
            (4) Existing statutes and regulations are inadequate to 
        effectively monitor and control the hazards to human health and 
        the environment posed by cement kilns.
            (5) Current regulations permit cement kilns to burn fuel 
        comprised of hazardous waste materials with little or no fuel 
        value blended with other materials and wastes.
            (6) The public has not had adequate notice and opportunity 
        to comment on the increasingly large quantities of hazardous 
        wastes that cement kilns are burning.
            (7) Current regulation of cement kilns fosters continued 
        use of cement kilns that maximize environmental pollution and 
        discourages introduction of less polluting cement-making 
        technologies that are currently available.

SEC. 3. SPECIFICATIONS FOR HAZARDOUS WASTE FUELS BURNED IN COMBUSTION 
              UNITS.

    (a) In General.--Section 3004(q) of the Solid Waste Disposal Act is 
amended by adding at the end the following new paragraph:
    ``(3)(A) Facilities that burn fuel for purposes of energy recovery 
shall not burn fuel containing any quantity of hazardous waste 
identified or listed pursuant to section 3001, unless such fuel is 
conforming hazardous waste fuel.
    ``(B) Within 12 months of the date of the enactment of this 
subparagraph, the Administrator shall promulgate quantitative 
specifications for conforming hazardous waste fuel to ensure that fuel 
containing hazardous waste is burned to recover useful energy, and that 
conforming hazardous waste fuel has physical, chemical, thermal and 
energy-related properties equivalent to standard fuels such as coal and 
oil. Such specifications shall include at a minimum:
            ``(i) British thermal unit (BTU) content.
            ``(ii) Metals content.
            ``(iii) Chlorinated hydrocarbon content.
            ``(iv) Sulfur content.
            ``(v) Halogens content.
            ``(vi) Hazardous waste content of the fuel sufficient to 
        ensure complete combustion of the hazardous waste components of 
        the fuel, to limit the ash content of the combustion residue, 
        and to minimize the amount of ash contained in cement kiln dust 
        and clinker.''.
    (b) Definition.--Section 1004 is amended by adding at the end the 
following new paragraph:
    ``(42) The term `conforming hazardous waste fuel' means any fuel to 
be burned in a facility which burns fuel for purposes of energy 
recovery that contains any amount of hazardous waste and meets the 
specifications established under section 3004(q)(3)(B), except that the 
fuel does not contain any hazardous waste component that does not meet 
the specifications when that component first becomes subject to 
regulation under this subchapter.''.

SEC. 4. CEMENT KILN DUST DISPOSAL.

    Section 3004(q), as amended by section 3(a) is further amended by 
adding at the end the following new paragraph:
    ``(4)(A) Notwithstanding the provisions of section 3001(b)(3)(A), 
cement kiln dust shall be disposed of only at facilities and only in 
units that meet the performance standards promulgated by the 
Administrator pursuant to subsection (a) of this section and the 
minimum technological requirements promulgated by the Administrator 
pursuant to subsection (o) of this section. The Administrator's 
authorization to modify certain subchapter C requirements pursuant to 
subsection (x) of this section, insofar as it relates to the regulation 
of cement kiln dust, shall not extend to cement kiln dust produced in a 
cement kiln that burns conforming hazardous waste fuel.
    ``(B) Standards applicable to the land disposal of cement kiln dust 
produced in a cement kiln that burns conforming hazardous waste fuel 
pursuant to this paragraph shall be not less stringent than the 
standards in effect as of the date of the enactment of this 
subparagraph for landfills, waste piles or land farms regulated under 
this subchapter.
    ``(C) Cement kiln dust produced in a cement kiln that burns 
conforming hazardous waste fuel is subject to any land disposal 
treatment standards promulgated by the Administrator pursuant to 
subsection (m) of this section applicable to the particular hazardous 
waste contained in the conforming hazardous waste fuel.''.

SEC. 5. CEMENT KILN DESIGN AND OPERATING STANDARDS.

    Section 3004(q), as amended by section 4, is further amended by 
adding at the end the following new paragraph:
    ``(5)(A) Not later than 12 months after the date of the enactment 
of this subparagraph, the Administrator shall promulgate regulations 
establishing such standards for design and operation of cement kilns 
that burn conforming hazardous waste fuel as may be necessary to 
protect human health and the environment, including standards for, at a 
minimum, the following:
            ``(i) The design and construction of a new or modified 
        cement kiln that burns conforming hazardous waste fuel.
            ``(ii) The handling, storage and combustion of conforming 
        hazardous waste fuel pursuant to protective operating methods, 
        techniques and practices.
            ``(iii) Contingency plans to anticipate and minimize 
        foreseeable potential hazards associated with the 
        transportation, storage and combustion of conforming hazardous 
        waste fuel, including damage from accidental spills, leaks, 
        discharges, emissions, or other releases into the environment 
        of conforming hazardous waste fuel. Each such contingency plan 
        shall take into consideration the location of the kiln, and its 
        proximity to population centers, wetlands, and waters of the 
        United States.
    ``(B) For purposes of this paragraph, the term `modified cement 
kiln' includes the following alterations to a cement kiln that, as of 
the date of the enactment of this subparagraph, burns conforming 
hazardous waste fuel:
            ``(i) The addition of a kiln.
            ``(ii) The addition of a new waste feed process.
            ``(iii) Any other alteration of a cement kiln or cement 
        kiln facility that would require modification of a permit 
        issued pursuant to section 3005.''.

SEC. 6. AIR EMISSIONS FROM CEMENT KILNS.

    Section 3004(n) is amended--
            (1) by inserting ``(1)'' before ``Not later than thirty 
        months''; and
            (2) by adding at the end the following:
    ``(2) Not later than 12 months after the date of the enactment of 
this paragraph, the Administrator shall promulgate regulations 
establishing standards for the control of emissions of cement kiln dust 
from cement kilns. Such standards shall address emissions from--
            ``(A) operation of a cement kiln;
            ``(B) removal of cement kiln dust from emission control 
        equipment;
            ``(C) cement kiln dust handling, interim storage, 
        transportation to and deposition in a landfill, and long-term 
        disposal; and
            ``(D) the clinker grinding process.
    ``(3) Not later than 18 months after the date of the enactment of 
this paragraph, the Administrator shall promulgate regulations to 
control emissions of metals from all units that burn hazardous waste, 
including combustion units regulated under subsection (q) of this 
section and incinerators, to the extent necessary to protect human 
health and the environment. Such regulations shall include standards 
for--
            ``(A) minimum removal efficiency;
            ``(B) emission limitation for total metals, except mercury;
            ``(C) emission limitation for carcinogenic metals; and
            ``(D) emission limitation for mercury.
    ``(4) Not later than 12 months after the date of the enactment of 
this paragraph, the Administrator shall promulgate regulations 
establishing standards for the control of stack emissions from cement 
kilns. In the case of cement kilns that burn conforming hazardous waste 
fuel, such standards shall be at least as stringent as those in effect 
as of the date of the enactment of this paragraph for other combustion 
units that burn hazardous waste.''.

SEC. 7. PERMIT REQUIREMENTS.

    (a) In General.--Section 3005(b) is amended--
            (1) by inserting ``(1)'' before ``Each application for a 
        permit'';
            (2) in paragraph (1), as so designated--
                    (A) by striking ``(1) estimates'' and inserting 
                ``(A) estimates''; and
                    (B) by striking ``(2) the site'' and inserting 
                ``(B) the site''; and
            (3) by adding at the end the following:
    ``(2) Not later than 180 days after the date of the enactment of 
this paragraph, the Administrator shall promulgate regulations 
providing procedures or permit application and requirements for 
information to be included in permit applications for cement kilns that 
burn conforming hazardous waste fuel.
    ``(3)(A) Not later than 12 months after the date of the enactment 
of this subparagraph, each person referred to in subparagraph (B) shall 
submit an application for a permit to the Administrator in accordance 
with the regulations promulgated pursuant to paragraph (1) (with regard 
to landfills) or paragraph (2) (with regard to cement kilns).
    ``(B) A person referred to in subparagraph (A) is a person owning 
or operating--
            ``(i) a cement kiln that burns conforming hazardous waste 
        fuel; or
            ``(ii) a landfill used for the disposal of cement kiln dust 
        from a cement kiln that burns conforming hazardous waste fuel 
        that has not obtained a permit under this section.''.
    (b) Issuance of Final Permit.--Section 3005(c) is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following new 
        paragraph (3):
    ``(3) Not later than 2 years after the date of the enactment of 
this paragraph, the Administrator shall issue a final permit pursuant 
to each application submitted under subsection (b)(3) of this section 
or shall issue a final denial of the permit application.''.
    (c) Termination of Interim Status.--Section 3005(e) is amended by 
adding at the end the following new paragraphs:
    ``(4)(A) In the case of each cement kiln that burns conforming 
hazardous waste fuel which is in existence as of the date of the 
enactment of this paragraph, interim status shall terminate 12 months 
following such date unless the owner or operator of such facility--
            ``(i) certifies compliance with applicable requirements of 
        section 3004(q); and
            ``(ii) submits a complete permit application in accordance 
        with the requirements of subsection (b) of this section.
    ``(B) In the case of each landfill used for the disposal of cement 
kiln dust from a cement kiln that burns conforming hazardous waste fuel 
which is in existence as of the date of the enactment of this 
subparagraph, interim status shall terminate 12 months following such 
date unless the owner or operator of such landfill--
            ``(i) certifies compliance with applicable requirements of 
        subsections (a), (o), and (q) of section 3004; and
            ``(ii) submits a complete permit application in accordance 
        with the requirements of subsection (b) of this section.
    ``(C) Interim status shall terminate 24 months after the date of 
the enactment of this subparagraph for--
            ``(i) cement kilns burning conforming hazardous waste fuel 
        that comply with the requirements of paragraph (4)(A); and
            ``(ii) landfills receiving cement kiln dust from cement 
        kilns burning conforming hazardous waste fuel that comply with 
        the requirements of paragraph (4)(B).''.

SEC. 8. MONITORING AND RECORDKEEPING.

    Section 3004(q), as amended by section 5, is further amended by 
adding at the end the following new paragraph:
    ``(6) Not later than 12 months after the date of the enactment of 
this paragraph, the Administrator shall promulgate such monitoring and 
recordkeeping requirements applicable to owners and operators of 
combustion units that burn conforming hazardous waste fuel as the 
Administrator determines are necessary to ensure compliance with the 
requirements of this section. Such monitoring and recordkeeping 
requirements shall include, at a minimum, a requirement that owners or 
operators of combustion units that burn conforming hazardous waste 
fuel--
            ``(A) test the fuel feed stream on a batch basis and obtain 
        certified information on fuel composition from the fuel blender 
        or hazardous waste generator; and
            ``(B) maintain records for 5 years that specify source, 
        date, quantity, and composition of all conforming hazardous 
        waste fuel burned in a combustion unit.''.

SEC. 9. PERSONNEL TRAINING REQUIREMENTS.

    Section 3004(q), as amended by section 8, is further amended by 
adding at the end the following new paragraph:
    ``(7) Not later than 12 months after the date of the enactment of 
this paragraph, the Administrator shall promulgate regulations, 
consistent with the Administrator's authority under subsection (a) of 
this section, that provide requirements for training of personnel to--
            ``(A) operate cement kilns that burn conforming hazardous 
        waste fuel; and
            ``(B) operate landfills used for disposal of cement kiln 
        dust from cement kilns that burn conforming hazardous waste 
        fuel.''.

SEC. 10. FUEL PROCESSORS.

    Section 3004(q), as amended by section 9, is further amended by 
adding at the end the following new paragraph:
    ``(8) Not later than 12 months after the date of the enactment of 
this paragraph, the Administrator shall promulgate such regulations 
establishing standards applicable to the owners and operators of 
facilities which produce a fuel from any hazardous waste identified or 
listed under section 3001, or from any hazardous waste identified or 
listed under section 3001 and any other material, as may be necessary 
to protect human health and the environment. Such standards shall 
include requirements that are at least as stringent as the 
specifications for conforming hazardous waste fuel promulgated pursuant 
to paragraph (3) of this subsection.''.
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