< Back to H.R. 4984 (103rd Congress, 1993–1994)

Text of the Uniform Hazardous Waste Treatment Act of 1994

This bill was introduced on August 18, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Aug 18, 1994 (Introduced).

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HR 4984 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.’.