[Congressional Record Volume 141, Number 154 (Friday, September 29, 1995)]
[Senate]
[Pages S14738-S14740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH:
  S. 1286. A bill to amend the Solid Waste Disposal Act regarding 
management of remediation waste, certain recyclable industrial 
materials, and certain products, coproducts, and intermediate products, 
and for other purposes; to the Committee on Environment and Public 
Works.


               the resource conservation and recovery act

  Mr. SMITH. Mr. President, in addition to the Superfund Accelerated 
Cleanup bill, I would also like to introduce today a targeted Resource 
Conservation and Recovery Act--or ``rick-ra''--reform bill. I offer 
this bill in the hopes that it will supplement and enhance the reforms 
we are proposing to Superfund.
  It is my feeling that these changes are consistent with the goals of 
the RCRA ``Rifle Shot'' proposal being discussed within the 
Administration.
  My targeted bill is intended to: Provide greater consistency among 
environmental statutes; make RCRA more user friendly; eliminate costly 
and ineffective bureaucratic burdens; and maintain, or improve, current 
protections to human health and the environment.
  I feel the provisions of this bill will greatly enhance recycling and 
reuse of hazardous materials and will begin to provide cohesiveness 
between the two largest hazardous waste laws--Superfund and RCRA.
  We are trying to accomplish three things with this act:
  First, remove some recyclable hazardous materials from current RCRA 
provisions, and instead, subject them to a tailored set of standards 
which will facilitate the reuse of these materials in an 
environmentally friendly way.
  Under current law, the only option is to discard such materials.
  Second, specify a reasonable point at which a material is considered 
hazardous.
  Currently, EPA is required to apply very strict controls once a 
hazardous material is created, even if it is created very early in a 
manufacturing process.
  This greatly increases the costs of managing wastes, regardless of 
whether they ever come in contact with the environment.
  Third, allow EPA to determine when a hazardous material is no longer 
considered hazardous.
  Under the current law, EPA does not have the authority to tailor its 
standards to specific risks posed by some hazardous substances.
  This greatly increases the cost of treating materials that pose 
little or no risk.
  Mr. President, these changes will not only save money on waste 
management and cleanup, it will also greatly increase the effectiveness 
of our waste management laws in protecting human health and the 
environment. I urge its passage at the earliest possible date.
  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. 1286

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

     SECTION 1. REMEDIATION WASTE.

       (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) Debris.--The term `debris'--
       ``(A) means--
       ``(i) a solid manufactured object exceeding a 60 millimeter 
     particle size;
       ``(ii) plant or animal matter; and
       ``(iii) natural geologic material; but
       ``(B) does not include material that the Administrator may 
     exclude from the meaning of the term by regulation.
       ``(43) Identified characteristic waste.--The term 
     `identified characteristic waste' means a solid waste that 
     has been identified as having the characteristics of 
     hazardous waste under section 3001.
       ``(44) Listed waste.--The term `listed waste' means a solid 
     waste that has been listed as a hazardous waste under section 
     3001.
       ``(45) Media.--The term `media' means ground water, surface 
     water, soil, and sediment.
       ``(46) Remediation activity.--The term `remediation 
     activity' means the remediation, removal, containment, or 
     stabilization of--
       ``(A) solid waste that has been released to the 
     environment; or
       ``(B) media and debris that are contaminated as a result of 
     a release.
       ``(47) Remediation waste.--The term `remediation waste' 
     means--
       ``(A) solid and hazardous waste that is generated by a 
     remediation activity; and
       ``(B) debris and media that are generated by a remediation 
     activity and contain a listed waste or identified 
     characteristic waste.
       ``(48) State voluntary remediation program.--The term 
     `State voluntary remediation program' means a program 
     established by a State that permits a person to conduct 
     remediation activity at a facility under general guidance or 
     guidelines without being subject to a State order or consent 
     agreement specifically applicable to the person.''.
       (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) In general.--Except as provided in paragraph (2), a 
     person that manages remediation waste that is an identified 
     characteristic waste or listed waste or that contains an 
     identified characteristic waste or listed waste shall be 
     subject to the requirements of this subtitle (including 
     regulations issued under this subtitle, including the 
     regulation for corrective action management units published 
     in section 264.552, Code of Federal Regulations, and the 
     regulation for temporary units published in section 264.553, 
     Code of Federal Regulations, or any successor regulation).
       ``(2) Exceptions.--
       ``(A) Requirements under section 3004.--Media and debris 
     generated by a remediation activity that are identified 
     characteristic wastes or listed wastes or that contain an 
     identified characteristic waste or a listed waste shall not 
     be subject to the requirements of section 3004 (d), (e), (f), 
     (g), (j), (m), or (o).
       ``(B) Permit requirements.--No Federal, State, or local 
     permit shall be required for the treatment, storage, or 
     disposal of remediation waste that is conducted entirely at 
     the facility at which the remediation takes place.
       ``(3) Remediation waste subject to orders, consent 
     agreements, voluntary remediation programs, and other 
     mechanisms.--
       ``(A) Requirements not applicable.--Notwithstanding 
     paragraph (1), a person that manages remediation waste that--
       ``(i) is identified characteristic waste or listed waste or 
     that contains an identified characteristic waste or listed 
     waste; and
       ``(ii) is subject to a Federal or State order, Federal or 
     State consent agreement, a State voluntary remediation 
     program, or such other mechanism as the Administrator 
     considers appropriate,

     shall not be subject to the requirements of this subtitle 
     (including any regulation under this subsection) unless the 
     requirements are specified in the Federal or State order, 
     Federal or State consent agreement, State voluntary cleanup 
     program, or other mechanism, as determined by the 
     Administrator.
       ``(B) Enforcement.--Unless other enforcement procedures are 
     specified in the order, consent agreement, or other 
     mechanism, a person described in subparagraph (A) (except a 
     person that manages remediation waste under a State voluntary 
     remediation program) shall be subject to enforcement of the 
     requirements of the order, consent agreement, or other 
     mechanism by use of enforcement procedures under section 
     3008.''.
       (c) Regulation.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall issue a 
     regulation implementing section 3001(j) of the Solid Waste 
     Disposal Act, as added by subsection (b).
     
[[Page S 14739]]


     SEC. 2. EXCLUSION OF CERTAIN RECYCLABLE INDUSTRIAL MATERIALS 
                   AND CERTAIN PRODUCTS, CO-PRODUCTS, AND 
                   INTERMEDIATE PRODUCTS.

       (a) Definitions.--Section 1004 of the Solid Waste Disposal 
     Act (42 U.S.C. 6903), as amended by section 1(a), is amended 
     by adding at the end the following:
       ``(49) Co-product.--The term `co-product' means a 
     combination of 2 or more materials intentionally produced 
     from a manufacturing or recycling operation for commercial 
     use.
       ``(50) Intermediate material.--The term `intermediate 
     material' means a material that results from a manufacturing 
     process the design of which contemplates further processing 
     of the material by the manufacturer or by a toll processor to 
     produce a product or an intermediate product.
       ``(51) Manufacturing.--The term `manufacturing' means the 
     use of a virgin material or other feedstock to produce a 
     product, co-product, or intermediate product (including all 
     associated ancillary operations) in which--
       ``(A) the process uses the appropriate equipment to produce 
     the intended product, co-product, or intermediate product;
       ``(B) the virgin material or other feedstock used in the 
     process meets commercial specifications;
       ``(C) the virgin material or other feedstock is handled in 
     a manner that is designed to minimize loss of the virgin 
     material or feedstock;
       ``(D) a contract or record is established by the 
     manufacturer to record or document the receipt and use of the 
     virgin material or other feedstock and the use or sale of the 
     product, co-product, or intermediate product that is 
     produced; and
       ``(E) the process produces a product, co-product, or 
     intermediate product that meets commercial specifications.
       ``(52) Product.--The term `product' means a material that 
     is produced from a manufacturing or recycling operation for 
     commercial use.
       ``(53) Recyclable industrial material.--The term 
     `recyclable industrial material' means a material that--
       ``(A) would constitute an identified characteristic waste 
     or listed waste except for the application of section 
     3024(a); and
       ``(B) is intended by a manufacturer, commercial enterprise, 
     or recycler for recycling by use, reuse, or reclamation.
       ``(54) Toll processor.--The term `toll processor' means a 
     person that performs any of a variety of manufacturing 
     processes on material owned by a manufacturer.''.
       (b) Exclusion from Regulation of Certain Recyclable 
     Industrial Materials and Certain Products, Co-Products, and 
     Intermediate Products.--Subtitle C of the Solid Waste 
     Disposal Act (42 U.S.C 6921 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 3024. EXCLUSION FROM REGULATION OF CERTAIN RECYCLABLE 
                   INDUSTRIAL MATERIALS AND CERTAIN PRODUCTS, CO-
                   PRODUCTS, AND INTERMEDIATE PRODUCTS.

       ``(a) Certain Recyclable Industrial Materials.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     person that manages recyclable industrial material shall not 
     be subject to the requirements of this subtitle (including 
     regulations).
       ``(2) Exceptions.--The following recyclable industrial 
     materials shall be subject to the requirements of this 
     subtitle (including regulations) unless the Administrator 
     determines that regulation under this subtitle is 
     unnecessary:
       ``(A) A recyclable industrial material that--
       ``(i) is burned for energy recovery or used to produce 
     fuel; or
       ``(ii) is otherwise contained in fuel,
     if burning for energy recovery or use to produce fuel is not 
     a normal use of the recyclable industrial material.
       ``(B) A recyclable industrial material that--
       ``(i) is applied to or placed on land in a manner that 
     constitutes disposal, if such use is not a normal use of the 
     recyclable industrial material; or
       ``(ii) is used to produce a product that is applied to or 
     placed on land or is contained in a product that is applied 
     to or placed on land, if such use of the recyclable 
     industrial material is not a normal use of the recyclable 
     industrial material.
       ``(C) A recyclable industrial material that is identified 
     by the Administrator by regulation as being inherently 
     wastelike.
       ``(b) Certain Products, Co-Products, and Intermediate 
     Products.--A product, co-product, or intermediate product 
     shall not be considered to be a solid waste for the purposes 
     of this Act unless the product, co-product, or intermediate 
     product--
       ``(1) is burned for energy recovery or used to produce fuel 
     or is contained in fuel, if such use is not a normal use of 
     the product, co-product, or intermediate product;
       ``(2) is used in a manner constituting disposal or used to 
     produce a product or is contained in a product that is used 
     in a manner constituting disposal, if such use is not a 
     normal use of the product, co-product, or intermediate 
     product; or
       ``(3) is identified by the Administrator by regulation as 
     being inherently wastelike.''.

     SEC. 3. REGULATION OF CERTAIN RECYCLABLE INDUSTRIAL 
                   MATERIALS.

       The Solid Waste Disposal Act (42 U.S.C. 9601 et seq.) is 
     amended by adding at the end the following:
              ``Subtitle K--Recyclable Industrial Material

     ``SEC. 12001. RECYCLABLE INDUSTRIAL MATERIAL.

       ``(a) Requirements.--A person that manages recyclable 
     industrial material (other than recyclable industrial 
     material described in section 3024(a)(2)) shall be subject to 
     the following requirements:
       ``(1) In general.--Recyclable industrial material shall not 
     be stored on land but shall be managed in a building, tank, 
     or other containment structure that meets the following 
     requirements.
       ``(A) In a building.--Recyclable industrial material that 
     is managed in a building shall be completely enclosed with a 
     floor, walls, and a roof and shall otherwise be reasonably 
     constructed to prevent exposure to the elements and 
     incorporate appropriate controls and practices to ensure 
     containment of the recyclable industrial material.
       ``(B) In a tank or other containment structure.--A 
     recyclable industrial material that is managed in a tank or 
     other containment structure shall meet the technical 
     requirements of section 279.54 of title 40, Code of Federal 
     Regulations, or any successor regulation, not including the 
     requirements stated in--
       ``(i) the matter preceding paragraph (a); and
       ``(ii) paragraphs (a), (f)(2), and (h)(1)(i),

     as those paragraphs are designated on the date of enactment 
     of this Act, notwithstanding that the person managing the 
     recyclable industrial material may not be a used oil 
     processor or re-refiner under that section.
       ``(2) Recycling.--A recyclable industrial material shall be 
     recycled within 24 months after the date on which the 
     recyclable industrial material is generated unless the 
     Administrator by regulation establishes a shorter or longer 
     period.
       ``(3) Additional requirements.--
       ``(A) In general.--A recyclable industrial material shall 
     be subject to such requirements, in addition to those 
     described in this section, as the Administrator determines to 
     be necessary.
       ``(B) Considerations.--In determining whether any 
     additional requirement is necessary, the Administrator shall 
     ensure that the requirement does not discourage the recycling 
     of the recyclable industrial material, consistent with the 
     protection of human health and the environment.
       ``(b) Permit.--A person that manages a recyclable 
     industrial material in accordance with the requirements of 
     subsection (a) shall not be required to obtain a permit to 
     conduct recycling activity.
       ``(c) Documentation.--
       ``(1) In general.--A person that manages a recyclable 
     industrial material shall maintain documentation at the 
     recycling facility to demonstrate that the recyclable 
     industrial material is recycled in accordance with the 
     requirements of this subtitle.
       ``(2) Guidance.--Not later than 9 months after the date of 
     enactment of this subtitle, the Administrator shall, after 
     opportunity for public comment, publish guidance identifying 
     the criteria to be considered by a person that manages a 
     recyclable industrial material in making the demonstration 
     required by paragraph (1).
       ``(d) Inspection and Enforcement.--The Administrator may 
     use the authority under sections 3007 and 3008 to conduct 
     inspections and enforce this Act with respect to a person 
     that manages a recyclable industrial material.
       ``(e) References.--The Administrator shall amend 
     regulations, correspondence, orders, settlement agreements, 
     and other documents as appropriate to reflect the management 
     of recyclable industrial material under this subtitle.''.

     SEC. 4. POINT OF DETERMINATION.

       (a) Definitions.--Section 1004 of the Solid Waste Disposal 
     Act (42 U.S.C. 6903), as amended by section 4(a), is amended 
     by adding at the end the following:
       ``(55) Point of determination.--The term `point of 
     determination' means the point at which a decision is made 
     whether a solid waste is an identified characteristic waste 
     or listed waste.''.
       (b) Identification and Listing.--Section 3001(b)(1) of the 
     Solid Waste Disposal Act (42 U.S.C. 6921(b)(1)) is amended by 
     inserting after the second sentence the following: ``In 
     addition, the Administrator shall promulgate regulations 
     specifying the point at which a solid waste is an identified 
     characteristic waste or listed waste, which point of 
     determination shall not be before the point at which the 
     waste exits a closed system and is exposed to the environment 
     or is discharged to a waste management unit (as defined by 
     the Administrator), whichever point occurs first.''.

     SEC. 5. DISCONTINUATION OF REGULATION OF WASTE UNDER SUBTITLE 
                   C OF THE SOLID WASTE DISPOSAL ACT.

       (a) Identification and Listing.--
       (1) Amendments.--Section 3001(f) of the Solid Waste 
     Disposal Act (42 U.S.C. 6921(f)) is amended--
       (A) by striking ``(1) When'' and inserting the following:
       ``(1) Delisting of particular wastes.--
       ``(A) Consideration of factors.--When'';
       (B) by striking ``(2)(A) To the maximum extent practicable 
     the Administrator shall publish in the Federal Register a 
     proposal to grant or deny a petition referred to in paragraph 
     (1)'' and inserting the following:
       ``(B) Decision.--To the maximum extent practicable, the 
     Administrator shall publish 

[[Page S 14740]]
     in the Federal Register a proposal to grant or deny a petition under 
     subparagraph (A)'';
       (C) by striking subparagraph (B) of paragraph (2) as 
     designated on the day prior to the date of enactment of this 
     Act; and
       (D) by adding at the end the following:
       ``(2) Generic delisting.--
       ``(A) Regulation.--The Administrator shall issue a 
     regulation that defines constituent levels below which a 
     solid waste shall not be considered to be a hazardous waste 
     subject to the requirements of this subtitle (including 
     regulations).
       ``(B) Constituents of concern.--The regulation under 
     subparagraph (A) shall provide that only the constituents 
     that are reasonably expected to be present in solid waste 
     shall be considered in determining whether the solid waste is 
     not considered to be a hazardous waste.''.
       (2) Interim constituent levels.--Until the date on which 
     the Administrator issues the regulation under section 
     3001(f)(2) of the Solid Waste Disposal Act, as added by 
     paragraph (1)(D), the land disposal restriction treatment 
     levels under section 3004(m) of that Act, as in effect on 
     August 31, 1993, shall constitute the constituent levels 
     below which a solid waste shall not be considered to be a 
     hazardous waste.
       (b) Standards Applicable to Owners and Operators of 
     Hazardous Waste Treatment, Storage, and Disposal 
     Facilities.--Section 3004 of the Solid Waste Disposal Act (42 
     U.S.C. 6924) is amended by adding at the end the following:
       ``(z) Special Standards for Hazardous Waste.--
        ``(1) Modification of requirements.--Notwithstanding this 
     section and sections 3005(j) and 7004(b), the Administrator 
     may by regulation alter to any extent the requirements of 
     this section or section 3005(j) or 7004(b) for a solid waste 
     that is an identified characteristic waste or listed waste 
     and that contains hazardous constituents in an amount that is 
     not greater than 10 times the amount below which a solid 
     waste shall not be considered to be a hazardous waste.
       ``(2) Regulation.--The Administrator--
       ``(A) shall issue a regulation under paragraph (1) not 
     later than 18 months after the date of enactment of this 
     subsection; and
       ``(B) in formulating the regulation--
       ``(i) shall take into account the lower level of risk posed 
     by the wastes described in paragraph (1); and
       ``(ii) shall ensure that any modified requirements protect 
     human health and the environment.
       ``(3) 10-times level.--In issuing the regulation under 
     paragraph (2), the Administrator may alter to any extent the 
     10-times level for modifying the requirements of this section 
     and sections 3005(j) and 7004 so long as the changed 
     requirements protect human health and the environment.
       ``(4) Interim rule.--Until the Administrator modifies the 
     regulations under paragraph (1), a person may dispose of a 
     solid waste that is an identified characteristic waste or 
     listed waste and contains hazardous constituents not greater 
     than 10 times the land disposal restrictions treatment levels 
     issued by the Administrator under section 3004(m), as in 
     effect on August 31, 1993, in a hazardous waste management 
     facility that meets the requirements of this section, except 
     that--
       ``(A) the requirements of subsections (d), (e), (f), (g), 
     (j), and (m) shall not apply;
       ``(B) the air emission standards issued by the 
     Administrator under section 3004(n), as in effect on December 
     6, 1995, shall not apply to a tank or other container or to 
     surface impoundment if the average volatile organic 
     concentration of the hazardous waste at the point at which 
     the waste is discharged into the tank, container, or surface 
     impoundment is less than 500 parts per million by weight; and
       ``(C) the double-liner requirement stated in section 
     3004(o) may be waived by the Administrator for any monofill 
     if the monofill meets the same requirements as are applicable 
     under section 3005(j).
       ``(5) Permit.--No permit shall be required for storage and 
     treatment in a tank or other container or containment 
     building that meets the requirements of this section.''.

     SEC. 6. RELATIONSHIP OF THE SOLID WASTE DISPOSAL ACT TO OTHER 
                   STATUTES.

       Section 1006(b)(1) of the Solid Waste Disposal Act (42 
     U.S.C. 6905(b)(1)) is amended--
       (1) by striking ``(1) The Administrator'' and inserting the 
     following:
       ``(1) In general.--The Administrator'';
       (2) by striking the second sentence; and
       (3) by adding at the end the following:
       ``(2) Use of authorities.--If the Administrator determines 
     that a risk to health or the environment associated with the 
     management of solid waste can be eliminated or reduced to a 
     sufficient extent by actions taken under the authorities 
     contained in such other Federal laws, and the Administrator 
     has a statutory or court-ordered mandate to address that risk 
     to health or the environment within 5 years after the date of 
     enactment of this sentence, the Administrator shall use the 
     other authorities to protect against the risk.''.
                                 ______