[Congressional Record Volume 141, Number 151 (Tuesday, September 26, 1995)]
[Senate]
[Pages S14314-S14316]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LOTT (for himself, Mr. Simpson, Mr. Nickles, and Mr. 
        Inhofe):
  S. 1274. A bill to amend the Solid Waste Disposal Act to improve 
management of remediation waste, and for other purposes; to the 
Committee on Environment and Public Works.


        the remediation waste management improvement act of 1995

  Mr. LOTT. Mr. President, since the beginning of this year, 
administration officials have said they both need and want more 
regulatory flexibility to continue achieving environmental clean up 
goals through the Resource Conservation and Recovery Act [RCRA].
  I want to share with my colleagues several quotes. They are useful to 
set the stage for my legislation.
  President Clinton, this past January in his State of the Union 
Address, said that: ``* * * we need common sense and fairness * * * and 
we [can] still clean up toxic waste dumps. And we ought to do it.''
  President Clinton even declared on March 16th that he needs 
legislative reforms to: ``* * * fix provisions of RCRA * * * [to avoid] 
high costs and marginal environmental benefit.''
  Vice-President Gore, this spring, promised that: ``* * * 
environmental protection * * * will protect more and cost less * * *'' 
in his Reinventing Government brochure.
  EPA Administrator Browner, this spring, testified to our Senate's 
Environment and Public Works Committee that: ``* * * reform efforts are 
so crucial; we must meet these challenges with commonsense cost-
effective measures.''
  EPA's Head of the Office of Solid Waste, Mr. Shapiro, this summer, 
testified to the House's Commerce Subcommittee that: ``* * * we have 
learned [to] rely on * * * our State partners, and we have learned that 
flexibility is vital to our success.''
  EPA, this spring, reaffirmed its commitment to permanently implement 
the regulatory status of petroleum contaminated media under the 
Underground Storage Tank Program to avoid `` * * * delays in 
remediation action and increases in remediation costs.''
  EPA's briefing document, this summer, reported that DOD wanted cost 
to be factored into level of cleanups, and even OMB advocated a one-
regulator cleanup approach.
  The Reinventing Government brochure went on to assure that by July 15 
of this year a package of rifle shot reforms would be delivered to 
Congress.
  The administration was sending out a loud and consistent theme:
  First, RCRA reforms are desired;
  Second, RCRA reforms are needed this year; and
  Third, RCRA reforms must be legislative.
  I heard the administration's message.
  Let's also recognize that Americans clearly are fed up with 
ineffective environmental programs that do little for clean-up, but 
lots for lawyers. They do not want their hard-earned tax dollars being 
wasted.
  Thoughtful citizens are exhausted by excessive, prescriptive 
regulations that exaggerate risks which too often are based upon 
emotion rather than scientific evidence. Buzzword phrases like 
``rational rules,'' ``reasonably expected scenarios,'' ``stop Federal 
mandates,'' and ``one-size does not fit-all'' are typical and part of 
everyday, commonplace dialogue from Hernando to Excatawpa, MS.
  I heard the Public's message too.
  Before I go any further, I want to be up-front about my goals for 
this legislation: First, make RCRA work faster and cheaper; Second, 
remove regulations that are counterproductive to cleanups; Third, 
streamline agency decisionmaking; and Fourth, give states authority to 
make decisions.
  Now, I want to explain why my environmental policy reform bill just 
concentrates on RCRA:
  True, it is a program that does not have an attention getting name, 
like Superfund. Some would even say it is a program with an 
unpronounceable name.
  True, it is a program which perhaps many Americans are not aware of. 
But it is far more widespread then Superfund.
  My colleagues need to hear a few numbers to understand why Congress 
needs to deal with RCRA:
  There are five times as many RCRA sites as there are Superfund sites. 
In Mississippi there are just two Superfund sites, but there are over 
40 RCRA Corrective Action Sites.
  And, a respected study conducted 4 years ago reported that roughly 
$240 billion will be spent on RCRA remediation. As a reference point 
that is nearly $100 billion more than will be spent on the notorious 
Superfund.
  RCRA is a big, albeit invisible, and expensive program that the 
administration wants to reform.
  Well, so do I.
  I have responded with a sensible, responsive and responsible 
legislative solution. It is not a comprehensive across-the-board 
reform, rather it is surgical approach which targets just a few 
specific problem areas. The administration calls it rifle-shot 
legislative fixes.
  My legislative solution has two basic straight-forward features which 
will save billions and remediate quicker all without inhibiting or 
lessening environmental protection:
  First, it replaces inappropriate RCRA requirements originally 
designed to minimize the amount of routinely generated hazardous waste 
with a remediation action plan concept which will maximize site cleanup 
by empowering state regulators to make common sense cleanup decisions, 
and to give them authority to enforce these decisions.
  Second, it codifies the regulatory status of cleanup materials 
ensuring the continuation of the highly successful Underground Storage 
Tank Corrective Action Program.
  I believe it makes sense to focus this environmental reform effort to 
an incremental method. We need to go step-by-step making directed 
changes and then pausing to examine the consequences before returning 
with additional legislation.
  That is why my bill deals with only two issues. It avoids 
Washington's Christmas tree mentality of loading up on numerous 
disconnected changes. It also sidesteps policy matters which are more 
appropriately handled through the upcoming Superfund reauthorization.
  My legislative solution will merely tailor RCRA's regulatory process 
to site-specific remediation to ensure common sense, enforceable 
cleanup occur. I urge my colleagues to examine my proposal.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1274

       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--

[[Page S 14315]]

       ``(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 

[[Page S 14316]]
     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.''.
                                 ______