[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 443 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 443

      To amend the Solid Waste Disposal Act and the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 to make 
  improvements in capacity planning processes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 25 (legislative day, January 5), 1993

  Mr. Specter introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
      To amend the Solid Waste Disposal Act and the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 to make 
  improvements in capacity planning processes, and for other purposes.

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

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Hazardous Waste 
Facilities Siting Act of 1993''.
    (b) Findings.--Congress finds the following:
            (1) Local communities and the public must have a greater 
        voice in the process of siting hazardous waste treatment 
        facilities.
            (2) Each State should have the right to preserve some 
        hazardous waste management capacity solely for use by the 
        State.
            (3) Each State must be authorized to impose differential 
        fees as a method of promoting equities amongst the States.
            (4) The role of the Environmental Protection Agency must be 
        expanded to increase the focus of the agency with respect to 
        partnerships with industries to identify technologies that 
        foster pollution prevention and support waste exchange 
        marketing efforts on behalf of industries.
            (5) Industries would demonstrate a commitment to pollution 
        prevention by expanding voluntary goals and achieving optimum 
        waste reduction without compromising trade secrets or risking 
        an increase in the level of foreign imports through the banning 
        of certain chemicals.
            (6) The capacity assurance planning data gathering process 
        required under the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.) must be improved to standardize the format, improve the 
        credibility of data, and reduce excess expenditures by the 
        Federal Government and the States in the collection of the 
        data.

SEC. 2. SOLID WASTE DISPOSAL ACT FINDINGS.

    Section 1002(b) of the Solid Waste Disposal Act (42 U.S.C. 6901(b)) 
is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraphs:
            ``(9) the United States continues to generate substantial 
        and increasing volumes of both hazardous and solid waste each 
        year, and if the wastes are not properly managed, the wastes 
        may pose a threat to human health and the environment;
            ``(10) as of the date of enactment of this paragraph, new 
        hazardous waste management facilities are not being sited and 
        many industries are managing waste in existing facilities 
        without the best available environmental controls, or are 
        engaged in long-distance transportation of wastes to other 
        management and disposal facilities in other States;
            ``(11) the capacity assurance planning process under 
        section 104(c)(9) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(9)) 
        and data gathered pursuant to the process are flawed or 
        inconsistent in many areas;
            ``(12) as of the date of enactment of this paragraph, the 
        Administrator is not able to ascertain, on the basis of the 
        data described in paragraph (11), whether or not the United 
        States has adequate capacity to meet hazardous waste treatment 
        and disposal needs over the 20-year period beginning on the 
        date of enactment of this paragraph; and
            ``(13) the capacity assurance data gathering process must 
        be improved to standardize and streamline the efforts of the 
        States and improve the credibility of the data so that the 
        public may be assured of the actual need to site more hazardous 
        waste management facilities.''.

SEC. 3. PUBLIC PARTICIPATION AND OBLIGATIONS OF OWNER OR OPERATOR.

    (a) In General.--Section 3005(b) of the Solid Waste Disposal Act 
(42 U.S.C. 6925(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by striking ``Each'' and inserting ``(1) Each''; and
            (3) by adding at the end the following new paragraph:
            ``(2)(A) Each application for a permit submitted by a 
        person who plans to construct a new facility for the treatment, 
        storage, or disposal of hazardous waste identified or listed 
        under this subtitle shall, in addition to containing the 
        information required under paragraph (1), contain written 
        assurances that the following procedures have been carried out:
                    ``(i) The applicant published an announcement of 
                the intent to apply for a permit to site a hazardous 
                waste disposal facility in a newspaper of general 
                circulation not later than 90 days before the filing of 
                the application and also published the announcement 7 
                days after the date of the initial publication.
                    ``(ii) The applicant published an announcement of 
                any purchase or intent to purchase property, specifying 
                the location of the property in a newspaper of general 
                circulation not later than 90 days before the filing of 
                an application for State approval to site a hazardous 
                waste disposal facility.
                    ``(iii) The applicant requested the Administrator 
                (or the appropriate official of the State) to establish 
                an advisory committee pursuant to subparagraph (B).
                    ``(iv) The applicant submitted to the Administrator 
                (or the State) and to the appropriate official of the 
                host community a prospectus that detailed the criteria 
                for the selection of a site, and the nature of the 
                planned facility.
                    ``(v) The applicant submitted to the Administrator 
                (or the State) and the host community advisory 
                committee, no later than 30 days prior to the public 
                hearing described in clause (vi), a compliance history 
                that--
                            ``(I) had been certified as complete by the 
                        Administrator, for all related partners and 
                        parent subsidiaries of the applicant; and
                            ``(II) included the primary documents 
                        concerning the number of notices of violations 
                        of the applicant (if any) and the nature and 
                        description of the violations.
                    ``(vi) The host community advisory committee 
                conducted at least one public meeting and one public 
                hearing on the planned facility, and the applicant paid 
                the expenses associated with the hearing (as determined 
                by the Administrator).
                    ``(vii) The applicant submitted to the 
                Administrator (or to the State) a detailed analysis and 
                reporting of--
                            ``(I) the area in which the applicant 
                        proposed to site the facility;
                            ``(II) the process by which the area was 
                        selected;
                            ``(III) a description of the technologies 
                        to be used at the site;
                            ``(IV) a comprehensive treatment analysis; 
                        and
                            ``(V) the annual capacity of the facility 
                        and, if the applicant intends to receive waste 
                        from out-of-State, the quantities of out-of-
                        State waste the applicant intends to receive.
                    ``(viii) The applicant submitted to the 
                Administrator (or to the State) written certification 
                of a finding by the State that the requirements under 
                State law concerning the necessity for hazardous waste 
                treatment, storage, or disposal in the State require 
                the siting of additional hazardous waste disposal 
                facilities.
                    ``(ix) Upon completion of the procedures described 
                in clauses (i) through (viii), the applicant requested 
                the appropriate official of the host community for 
                written consent to site the facility in the host 
                community.
            ``(B) Upon request by an applicant, the Administrator (or 
        the appropriate official of the State) shall establish a host 
        community advisory committee. Members of the committee shall be 
        nominated by an appropriate official of the host community (as 
        determined by the Administrator or the State) residents of the 
        host community and shall be appointed by the Administrator (or 
        the appropriate officials of the State) of which--
                    ``(i) one member shall be a representative of 
                health professionals;
                    ``(ii) one member shall be a local elected official 
                (or a representative of the official);
                    ``(iii) one member shall be a local elected 
                official of a county (or equivalent political 
                subdivision of a State);
                    ``(iv) one member shall be a local elected official 
                of a township (or equivalent political subdivision of a 
                State);
                    ``(v) one member shall be a representative of the 
                local chamber of commerce (if any);
                    ``(vi) one member shall be a representative of 
                local consumer groups;
                    ``(vii) one member shall be a representative of a 
                local environmental organization;
                    ``(viii) one member shall be a member of a local 
                emergency response planning committee (as described in 
                section 301 of the Emergency Planning and Community 
                Right-To-Know Act of 1986 (42 U.S.C. 11001)); and
                    ``(ix) one member shall be a representative of the 
                general public.
            ``(C) Each application for a permit submitted by a person 
        who plans to construct a new facility for the treatment, 
        storage, or disposal of hazardous waste identified or listed 
        under this subtitle shall, in addition to containing the 
        information required under subparagraph (A), contain a 
        statement by the appropriate official of the host community 
        concerning whether or not the written consent described in 
        subparagraph (A)(ix) was issued.
            ``(D) Each application for a permit submitted by a person 
        who plans to construct a new facility for the treatment, 
        storage, or disposal of hazardous waste identified or listed 
        under this subtitle shall, in addition to containing the 
        information required under paragraph (1), contain written 
        assurances that, at the same time as the Administrator (or the 
        State) established a host community advisory committee 
        described in subparagraph (A), the State provided the host 
        community advisory committee with an assistance grant described 
        in subparagraph (E) in an amount not less than $100,000, and 
        that the State will provide additional grants in an amount not 
        less than $100,000 every 12 months thereafter, until such time 
        as a final decision is made concerning the permit application.
            ``(E)(i) The Administrator shall establish a host community 
        advisory committee assistance grant program to provide 
        assistance to the committees established under subparagraph 
        (B).
            ``(ii) Subject to the availability of appropriations, the 
        Administrator shall award a grant to each State with an 
        approved plan under this title. A State shall award grants to 
        host community advisory committees. If a State does not have an 
        approved plan under this title, the Administrator shall award 
        grants to host community advisory committees in the State.
            ``(iii) The amount of any grant awarded to a host community 
        under this subparagraph shall be not less than $100,000.
            ``(iv) A grant to a host community shall be awarded by the 
        Administrator or the State for a fiscal year (as determined by 
        the State). Subsequent grants may be awarded to a host 
        community advisory committee until such time as a final 
        decision is made concerning the permit application.
            ``(F) There are authorized to be appropriated to the 
        Environmental Protection Agency such sums as may be necessary 
        to carry out the grant program under subparagraph (E).
            ``(G) For the purposes of this paragraph, the term `host 
        community' means the political subdivision of a State in which 
        the facility for the treatment, storage, or disposal of 
        hazardous waste is proposed to be located.''.
    (b) Permit Issuance.--Section 3005(c) of the Solid Waste Disposal 
Act (42 U.S.C. 6925(c)) is amended by adding at the end the following 
new paragraphs:
            ``(4) Prior to issuing a permit under this section for new 
        hazardous waste disposal facilities or for any such facility 
        which has not received an operating permit as of January 1, 
        1993, for the treatment, storage, or disposal of hazardous 
        waste, the Administrator (or the State) must receive written 
        assurances from the applicant that the procedures described in 
        subsection (b)(2) have been completed. The assurances shall 
        include a notarized statement from the host community advisory 
        committee that the written assurances are accurate, and the 
        assurances shall include a notarized statement from the host 
        community advisory committee that the statement of the 
        applicant is accurate.
            ``(5) Prior to issuing any permit under this section, the 
        Administrator shall determine whether a facility would conform 
        with applicable capacity assurance plans submitted to the 
        Administrator in accordance with section 104(c)(9) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9604(c)(9)), including whether 
        the proposed facility could cause the State to exceed the 
        capacity needs of the State.
            ``(6) In issuing any permit under this section for a new 
        facility for the treatment, storage, or disposal of hazardous 
        waste, the Administrator (or the State) shall give priority to 
        each owner or operator who has received written consent of a 
        host community pursuant to this title.
            ``(7) If the Administrator determines, pursuant to 
        paragraph (5), that a facility could cause the State to exceed 
        the capacity needs of the State, no permit shall be issued 
        under this section, unless the Administrator determines that 
        the State cannot fulfill the capacity requirements of the State 
        under applicable capacity assurance plans submitted to the 
        Administrator in accordance with section 104(c)(9) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9604(c)(9)).
            ``(8) Any permit issued under this section for a facility 
        described in paragraph (4) shall be subject to the condition 
        that, with respect to hazardous waste generated outside of the 
        State in which the facility is located, the facility may not 
        treat, store, or dispose of the hazardous waste unless the 
        owner or operator of the facility enters into an agreement with 
        the appropriate official of the host community (as determined 
        by the Administrator or the State) that authorizes the 
        treatment, storage, or disposal.''.
    (c) Authorized State Hazardous Waste Programs.--Section 3006(b) of 
the Solid Waste Disposal Act (42 U.S.C. 6926(b)) is amended by adding 
at the end the following new sentence: ``The Administrator shall not 
authorize a State program under this section unless the State program 
provides for appropriate mechanisms for the appointment of host 
community committees and review procedures to enable an applicant to 
carry out the requirements under section 3005(b)(2).''.
    (d) Regulations.--The Administrator of the Environmental Protection 
Agency (hereafter in this Act referred to as the ``Administrator'') 
shall promulgate such regulations as are necessary to carry out the 
amendments made by this section. The regulations shall include 
appropriate safeguards and procedures to ensure that an applicant is 
able to carry out the review procedure described in section 3005(b)(2) 
of the Solid Waste Disposal Act, as added by subsection (a).

SEC. 4. CAPACITY ASSURANCE PLANNING DATA.

    Section 104(c)(9) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(c)(9)) is 
amended--
            (1) by redesignating subparagraphs (A) through (D) as 
        clauses (i) through (iv), respectively;
            (2) by striking ``Effective'' and inserting ``(A) 
        Effective'';
            (3) by inserting after ``deemed adequate by the President 
        that the State will'' the following: ``meet the requirements of 
        subparagraph (B) and will'';
            (4) by adding at the end of the paragraph the following 
        subparagraph:
    ``(B)(i) Not later than 180 days after the date of enactment of 
this subparagraph, the Administrator shall establish guidelines for the 
biennial gathering of capacity assurance reporting data required to be 
submitted pursuant to this paragraph.
    ``(ii) Not later than 180 days after the date of enactment of this 
subparagraph, the Administrator shall promulgate regulations that 
require, as part of the capacity assurances under subparagraph (A) for 
any State that, in the most recent capacity assurance plan submitted 
pursuant to this paragraph, documented a capacity shortfall in the 
State in a quantity in excess of 50,000 tons per year, or that is a net 
exporter of hazardous waste, the detailed and comprehensive reporting 
information described in subparagraph (C).
    ``(C) Not later than 180 days after the date of enactment of this 
subparagraph, the Administrator shall prescribe regulations that 
require that the capacity assurances under this paragraph include (in 
accordance with guidelines that the Administrator shall prescribe by 
regulation) the following information in a standardized format:
            ``(i) Assurances that the State uses the most appropriate 
        measures of hazardous waste classification for generation and 
        management (as determined by the Administrator by regulation).
            ``(ii) The specification of quantitative measures used to 
        measure waste characteristics.
            ``(iii) An indication that wastes treated or disposed of at 
        on-site facilities and wastes treated or disposed of at off-
        site facilities shall be considered as part of the same 
        tracking and planning process.
    ``(D) A State that fails to meet the applicable requirements of 
this paragraph shall be subject to a civil penalty that shall be 
assessed under applicable procedures of this Act. The Administrator 
shall, by regulation, establish guidelines for the assessment of a 
civil penalty under this paragraph, including a maximum amount for the 
civil penalty.''.
            (2) Enforcement guidelines.--The guidelines established 
        under paragraph (1) shall provide for a tiered system of 
        penalty assessment that provides for a reduction in the amount 
        of a penalty for a de minimus deviation from a capacity 
        requirement.

SEC. 5. MISCELLANEOUS PROVISIONS.

    (a) Guidelines for the Release of Information.--Not later than 
December 31, 1993, the Administrator shall, by regulation, establish 
guidelines for the inclusion of toxic chemical release information 
required to be submitted under section 313 of the Emergency Planning 
and Community Right-To-Know Act of 1986 (42 U.S.C. 11023) in the 
capacity assurance data required to be submitted under section 
104(c)(9) of the Comprehensive Environmental Response, Compensation and 
Liability Act of 1980 (42 U.S.C. 9604(c)(9)) for December 1994, and 
every 2 years thereafter.
    (b) Comment Period.--In promulgating regulations under 
subparagraphs (B) and (C) of section 104(c)(9) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (as 
added by section 4 of this Act) and under this section, the 
Administrator shall provide a 12-month period for public comment after 
the publication of a proposed regulation before promulgating a final 
regulation.
    (c) Model Capacity Assurance Plan.--To assist States in meeting the 
requirements for capacity assurance plans issued under section 
104(c)(9) of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9604(c)(9)), the Administrator 
shall develop and publish a comprehensive model capacity assurance plan 
to assist States in complying with the data gathering process required 
to prepare a capacity assurance plan, the schedules required to be 
included in a plan, and other requirements related to the use of 
resources.
    (d) Statement by the Administrator.--Not later than 180 days after 
the date of enactment of this Act, the Administrator shall publish in 
the Federal Register a statement concerning whether the United States 
has adequate capacity to treat and dispose of hazardous waste (as 
listed pursuant to section 3001 of the Solid Waste Disposal Act (42 
U.S.C. 6921) during the 20-year period following the publication of the 
statement. The Administrator shall include a summary of the flow of 
waste between States and the level of capacity of each State to treat, 
store, or dispose of hazardous waste within the State.

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