[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1274 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                S. 1274

    To amend the Solid Waste Disposal Act to improve management of 
               remediation waste, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 26 (legislative day, September 25), 1995

   Mr. Lott (for himself, Mr. Simpson, Mr. Nickles, and Mr. Inhofe) 
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 to improve management of 
               remediation waste, 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. REMEDIATION WASTE MANAGEMENT IMPROVEMENT.

    (a) Definitions.--Section 1004 of the Solid Waste Disposal Act (42 
U.S.C. 6903) is amended by adding at the end the following:
            ``(42) Compliance authority.--The term `compliance 
        authority' means the authority to issue, enter into, approve, 
        enforce, and ensure compliance with a remedial action plan.
            ``(43) Nonprogram state.--The term `nonprogram State' means 
        a State other than a program State.
            ``(44) Originating state.--The term `originating State' 
        means a State in which remediation waste is generated under a 
        remedial action plan.
            ``(45) Program state.--The term `program State' means a 
        State that has a State remediation waste management program 
        authorized under section 3006(i).
            ``(46) Remedial action plan.--The term `remedial action 
        plan' means a document or portion of a document (including, but 
        not limited to, an order, permit, or agreement) that--
                    ``(A) is issued, entered into, or approved by the 
                Administrator or a program State;
                    ``(B) ensures that the management of the 
                remediation waste is performed in a manner that is 
                protective of human health and the environment by 
                specifying--
                            ``(i) the remediation waste that is the 
                        subject of the document;
                            ``(ii) the manner in which the remediation 
                        waste will be managed;
                            ``(iii) the methods of remediation; and
                            ``(iv) the schedule for implementation; and
                    ``(C) has been the subject of appropriate public 
                notice and comment; and
                    ``(D) provides for the exercise of compliance 
                authority in accordance with section 3001(j)(1) and, in 
                the case of a plan over any portion of which any other 
                entity (a State or the Administrator) other than the 
                entity that issued or entered into the plan is to 
                exercise compliance authority, has the concurrence of 
                the other entity for the portion of the plan for which 
                the other entity has compliance authority, except that 
                nothing in this subparagraph applies to remediation 
                waste that is managed in accordance with subtitle C.
            ``(47) Remediation waste.--The term `remediation waste' 
        means a solid waste or any medium (including ground water, 
        surface water, soil, and sediment) generated during 
        implementation of a remedial action plan that--
                    ``(A) is, or is derived from, a listed hazardous 
                waste;
                    ``(B) contains or is mixed with a listed hazardous 
                waste; or
                    ``(C) exhibits a characteristic of a hazardous 
                waste.''.
    (b) Identification and Listing.--Section 3001 of the Solid Waste 
Disposal Act (42 U.S.C. 6921) is amended by adding at the end the 
following:
    ``(j) Remediation Waste.--
            ``(1) Compliance authority.--
                    ``(A) Program states.--Except as provided in 
                section 3008, a program State shall exercise compliance 
                authority with respect to a remedial action plan 
                insofar as the remedial action plan describes the 
                management of remediation waste in the program State.
                    ``(B) Nonprogram states.--The Administrator shall 
                exercise compliance authority with respect to a 
                remedial action plan insofar as the remedial action 
                plan describes the management of remediation waste in a 
                nonprogram State.
                    ``(C) Remediation waste managed interstate.--With 
                respect to the management of remediation waste under a 
                remedial action plan that provides that part of the 
                management will be performed in another State other 
                than the originating State--
                            ``(i) if the other State is a program 
                        State, the program State shall exercise 
                        compliance authority with respect to the 
                        portions of the remedial action plan describing 
                        the management of remediation waste in the 
                        other State; or
                            ``(ii) if the other State is a nonprogram 
                        State, the Administrator shall exercise 
                        compliance authority with respect to the 
                        portions of the remedial action plan describing 
                        the management of remediation waste in the 
                        other State.
            ``(2) Conditional exclusion.--Notwithstanding any other 
        provision of this subtitle, remediation waste that is managed 
        under a remedial action plan shall not to be a hazardous waste 
        for purposes of this subtitle.''.
    (c) Authorized State Hazardous Waste Remediation Programs.--Section 
3006 of the Solid Waste Disposal Act (42 U.S.C. 6926) is amended by 
adding at the end the following:
    ``(i) Authorized State Remediation Waste Management Programs.--
            ``(1) States with authorized hazardous waste programs.--
                    ``(A) Certification.--A State that has a hazardous 
                waste program authorized under subsection (b) may 
                submit to the Administrator a certification, supported 
                by such documentation as the State considers to be 
                appropriate, demonstrating that the State has--
                            ``(i) statutory and regulatory authority 
                        (including appropriate enforcement authority) 
                        to control the management of remediation waste 
                        from generation to final disposal in a manner 
                        that is protective of human health and the 
                        environment;
                            ``(ii) resources in place to administer and 
                        enforce the authorities; and
                            ``(iii) procedures to ensure public notice 
                        and opportunity for comment on remedial action 
                        plans submitted to the State.
                    ``(B) Interim authorization.--Subject to 
                subparagraph (C)(iii), beginning 60 days after 
                submission of a certification under subparagraph (A), 
                the State may proceed to carry out the remediation 
                waste management program of the State until the 
                Administrator issues a final determination under 
                subparagraph (C).
                    ``(C) Determination.--
                            ``(i) In general.--Not later than 18 months 
                        after the date on which a State submits to the 
                        Administrator a certification under 
                        subparagraph (A), after public notice and 
                        opportunity for comment, the Administrator 
                        shall issue to the State and publish in the 
                        Federal Register a determination that--
                                    ``(I) the certification meets all 
                                of the criteria stated in subparagraph 
                                (A), and the State has final 
                                authorization to carry out the 
                                remediation waste management program of 
                                the State; or
                                    ``(II) the certification fails to 
                                meet 1 or more of the criteria stated 
                                in subparagraph (A), stating with 
                                particularity the elements of the State 
                                program that are considered to be 
                                deficient, and that the deficiency 
                                would be likely to result in a State 
                                remediation waste management program 
                                that is not protective of human health 
                                and the environment.
                            ``(ii) Default.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), if the 
                                Administrator does not issue a 
                                determination under clause (i) within 
                                18 months after the date on which a 
                                State submits to the Administrator a 
                                certification under subparagraph (A), 
                                the certification shall be considered 
                                to meet all of the criteria stated in 
                                subparagraph (A), and the State shall 
                                have final authorization to carry out 
                                the remediation waste management 
                                program of the State.
                                    ``(II) Withdrawal of 
                                authorization.--If the Administrator 
                                subsequently withdraws authorization 
                                for a State remediation waste program 
                                in accordance with subsection (e), the 
                                Administrator shall ensure completion 
                                of any ongoing remedial action plan.
                            ``(iii) Preliminary determination.--If the 
                        Administrator determines that--
                                    ``(I) on preliminary review, it 
                                appears that it will likely be 
                                determined after notice and comment 
                                that a certification fails to meet 1 or 
                                more of the criteria stated in 
                                subparagraph (A); and
                                    ``(II) injury to human health or 
                                the environment would likely result 
                                from interim implementation of the 
                                State remediation waste management 
                                program under subparagraph (B),
                        the Administrator may issue a preliminary 
                        determination to the State, and the State shall 
                        not have interim authorization under 
                        subparagraph (B).
            ``(2) States without authorized hazardous waste programs.--
                    ``(A) Certification.--A State that does not have a 
                hazardous waste program authorized under subsection (b) 
                may submit to the Administrator a certification, 
                supported by such documentation as the State considers 
                to be appropriate, demonstrating that the State has--
                            ``(i) statutory and regulatory authority 
                        (including appropriate enforcement authority) 
                        to control the management of remediation waste 
                        from generation to final disposal in a manner 
                        that is protective of human health and the 
                        environment;
                            ``(ii) resources in place to administer and 
                        enforce the authorities; and
                            ``(iii) procedures to ensure public notice 
                        and opportunity for comment on remedial action 
                        plans submitted to the State.
                    ``(B) Interim authorization.--Beginning 1 year 
                after a certification under subparagraph (A), the State 
                may proceed to carry out the remediation waste 
                management program of the State until the Administrator 
                issues a determination under subparagraph (C).
                    ``(C) Determination.--
                            ``(i) In general.--Not later than 2 years 
                        after the date on which a State submits to the 
                        Administrator a certification under 
                        subparagraph (A), after public notice and 
                        opportunity for comment, the Administrator 
                        shall issue to the State and publish in the 
                        Federal Register a determination that--
                                    ``(I) the certification meets all 
                                of the criteria stated in subparagraph 
                                (A), and the State has final 
                                authorization to carry out the 
                                remediation waste management program of 
                                the State; or
                                    ``(II) the certification fails to 
                                meet 1 or more of the criteria stated 
                                in subparagraph (A), stating with 
                                particularity the elements of the State 
                                program that are considered to be 
                                deficient.
                            ``(ii) Default.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), if the 
                                Administrator does not issue a 
                                determination under clause (i) within 2 
                                years after the date on which a State 
                                submits to the Administrator a 
                                certification under subparagraph (A), 
                                the certification shall be considered 
                                to meet all of the criteria stated in 
                                subparagraph (A), and the State shall 
                                have final authorization to carry out 
                                the remediation waste management 
                                program of the State.
                                    ``(II) Withdrawal of authority.--If 
                                the Administrator subsequently 
                                withdraws authorization for a State 
                                remediation waste management program in 
                                accordance with subsection (e), the 
                                Administrator shall ensure completion 
                                of any ongoing remedial action plan.''.
    (d) Enforcement.--Section 3008(a) of the Solid Waste Disposal Act 
(42 U.S.C. 6928(a))) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``paragraph (2)'' and inserting 
                ``paragraphs (2) and (3)''; and
                    (B) by inserting after ``subtitle'' the following: 
                ``or any requirement contained in a remedial action 
                plan issued or entered into by the Administrator or 
                with respect to which the Administrator exercises 
                compliance authority under section 3001(j)'';
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) Remediation waste.--
                    ``(A) Notice of violation.--Notwithstanding any 
                other provision of this section, if, on the basis of 
                any information, the Administrator determines that a 
                person has violated or is in violation of any 
                requirement for the management of remediation waste 
                contained in a remedial action plan implemented under a 
                State remediation waste management program authorized 
                under section 3006(i), the Administrator shall provide 
                notice to the State in which the violation occurred or 
                is occurring prior to commencing any action to require 
                compliance with the requirements of the remedial action 
                plan.
                    ``(B) Compliance order.--If, after the 30th day 
                after the Administrator issues a notice of violation 
                under subparagraph (A), a State has not taken 
                appropriate action to require compliance with 
                requirements of the remedial action plan, the 
                Administrator may issue an order or commence an action 
                under paragraph (1) to enforce the remediation waste 
                management requirements of the remedial action plan.''.
    (e) Release, Detection, Prevention, and Correction.--Section 9003 
of the Solid Waste Disposal Act (42 U.S.C. 6991b) is amended by adding 
at the end the following:
    ``(i) Petroleum-Contaminated Media and Debris.--Petroleum-
contaminated media and debris that fail the test for toxicity 
characteristics due to organics issued by the Administrator under 
section 3001, and are subject to corrective action under this section, 
shall not be considered to be hazardous waste for purposes of subtitle 
C.''.
                                 <all>