H.R. 2867 (98th): Hazardous and Solid Waste Amendments of 1984

Introduced:
May 03, 1983 (98th Congress, 1983–1984)
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 98-616.
Sponsor
James Florio
Representative for New Jersey's 1st congressional district
Party
Democrat
Text
Read Text »
Last Updated
Nov 08, 1984
Length
Related Bills
H.R. 5002 (Related)
A bill to amend the Solid Waste Disposal Act to establish certain rules regarding ...

Referred to Committee
Last Action: Mar 01, 1984

H.R. 4985 (Related)
A bill to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ...

Referred to Committee
Last Action: Feb 29, 1984

 
Status

This bill was enacted after being signed by the President on November 8, 1984.

Progress
Introduced May 03, 1983
Referred to Committee May 03, 1983
Reported by Committee May 12, 1983
Passed House Nov 03, 1983
Passed Senate with Changes Jul 25, 1984
Conference Report Agreed to by Senate Oct 05, 1984
Signed by the President Nov 08, 1984
 
Full Title

A bill to amend the Solid Waste Disposal Act to authorize appropriations for the fiscal years 1984 through 1986, and for other purposes.

Summary

No summaries available.

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

Widget

Get a bill status widget for your website »

Citation

Click a format for a citation suggestion:

Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


10/3/1984--Conference report filed in House.
(Conference report filed in House, H. Rept. 98-1133) Hazardous and Solid Waste Amendments of 1984 - Amends the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to authorize appropriations for FY 1985 through 1988 for:
(1) general administration by the Administrator of the Environmental Protection Agency (EPA) to carry out such Act (including funds for Resource Recovery and Conservation Panels, hazardous waste management, and support for State, regional, local, and interstate agency solid waste plans);
(2) grants to State hazardous waste programs;
(3) the hazardous waste site inventory;
(4) development and implementation of plans by State, local, regional, and interstate authorities;
(5) implementation of State, local, and intermunicipal programs for solid waste management, resource recovery, resource conservation, and hazardous waste management;
(6) special communities assistance;
(7) assistance to States for recycled oil programs;
(8) the Secretary of Commerce to carry out resource and recovery duties;
(9) additional EPA officers or employees to conduct criminal investigations under such Act and for support costs for such additional criminal investigators;
(10) underground storage tank regulation;
(11) grants to States for State underground storage tank release detection, prevention, and correction programs;
(12) small quantity generator waste education programs;
(13) State and other programs requiring compliance with open dumping/sanitary landfill criteria by solid waste management facilities within 36 months after enactment of this Act; and
(14) the National Ground Water Commission (see provisions for such Commission under title VII of this Act).
Title I - Provisions Relating Primarily to Subtitles A and B of the Solid Waste Disposal Act
(This title makes amendments relating primarily to general provisions and provisions for the Office of Solid Waste and the authorities of the Administrator under the Solid Waste Disposal Act.) Revises findings and objectives of the Act, to include minimizing the generation and the land disposal of hazardous waste.
Directs the Administrator to give a high priority to assisting and cooperating with States in obtaining full authorization of State hazardous waste management programs.
Declares it to be the national policy that, wherever feasible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible.
Declares that waste that is nevertheless generated should be treated, stored, or disposed of so as to minimize the present and future threat to human health and the environment.
Directs the Administrator, as promptly as practicable after the enactment of this Act, to submit a report describing:
(1) the current data and information available on emissions of polychlorinated dibenzo-p-dioxins from resource recovery facilities burning municipal solid waste;
(2) any significant risks to human health posed by these emissions; and
(3) operating practices appropriate for controlling these emissions.
Authorizes the Administrator, based on such report and any future relevant information, to publish advisories or guidelines regarding the control of dioxin emissions from such facilities.
Provides that this does not affect the administrator's authority to promulgate any regulations under the Clean Air Act regarding emissions of polychlorinated dibenzo-p-dioxins.
Directs the Administrator to establish an Office of Ombudsman to receive individual complaints, grievances, and requests for information submitted by any person with respect to any program or requirement under the Solid Waste Disposal Act. Directs the Ombudsman to render assistance with respect to such submissions and make appropriate recommendations to the Administrator. Provides that the establishment of such Office shall not affect any procedures for grievances, appeals, or administrative matters.
Terminates such Office four years after the enactment of this Act.
Title II - Provisions Relating Primarily to Subtitle C of the Solid Waste Disposal Act
Subtitle A - Amendments Primarily to Section 3004
(This title makes amendments primarily to the hazardous waste management provisions of the Solid Waste Disposal Act. This subtitle makes amendments primarily to provisions relating to standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities.) Sets forth prohibitions and other provisions relating to land disposal of hazardous waste.
Sets forth provisions relating to salt dome formations, salt bed formations, underground mines, and caves.
Prohibits the placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formations, underground mine, or cave, until such time as:
(1) the Administrator has determined, after notice and opportunity for hearings in the affected areas, that such placement is protective of human health and the environment;
(2) the Administrator has promulgated performance and permitting standards for such facilities; and
(3) a permit has been issued for the facility concerned.
Prohibits the placement of any other type of hazardous waste in such facilities until such time as a permit has been issued for the facility concerned.
Provides that such prohibitions shall not apply to the Department of Energy Waste Isolation Pilot Project in New Mexico. Sets forth provisions relating to liquids in landfills.
Prohibits the placement of bulk or noncontainerized liquid hazardous waste or free liquids in hazardous waste (whether or not absorbents have been added) in any landfill, effective six months after enactment of this Act. Provides that specified requirements shall remain in force prior to such date.
Directs the Administrator, within 15 months after enactment of this Act, to promulgate final regulations which:
(1) minimize the disposal of containerized liquid hazardous wastes in landfills;
(2) minimize the presence of free liquids in containerized hazardous waste to be disposed of in landfills; and
(3) prohibit the disposal in landfills of liquids that have been absorbed in materials that biodegrade or that release liquids when compressed as might occur during routine landfill operations.
Provides that specified requirements shall remain in force prior to the date on which such final regulations take effect.
Prohibits, effective 12 months after enactment of this Act, the placement of any liquid which is not a hazardous waste in a landfill for which a hazardous waste permit is required or which is operating under interim status granted under hazardous waste management provisions, unless the owner or operator demonstrates to the Administrator, or the Administrator determines, that:
(1) the only reasonably available alternative to such placement is placement in a landfill or unlined surface impoundment (whether or not permitted or operating under interim status) which contains, or may reasonably be anticipated to contain, hazardous waste; and
(2) such placement will not present a risk of contamination of any underground source of drinking water.
Sets forth prohibitions on land disposal of specified hazardous wastes.
Prohibits the land disposal of specified hazardous wastes, effective 32 months after the enactment of this Act (except with respect to underground injection into deep injection wells), unless the Administrator determines the prohibition on one or more methods of land disposal is not required in order to protect human health and the environment for as long as the waste remains hazardous.
Provides that, for such purposes, a land disposal method for such a hazardous waste may not be determined protective of human health and the environment unless it has been demonstrated, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit or injection zone for as long as the waste remains hazardous.
Requires that such prohibition is to be applied, taking into account specified factors, to specified forms, compounds, and concentrations of the following liquid hazardous wastes:
(1) cyanides;
(2) arsenic;
(3) cadmium;
(4) chromium;
(5) lead;
(6) mercury;
(7) nickel;
(8) selenium;
(9) thallium;
(10) highly acidic (having a pH of two or less) liquid wastes;
(11) polychlorinated biphenyls (PCBs); and
(12) nonliquid or liquid wastes containing halogenated organic compounds.
Directs the Administrator to substitute more stringent concentration levels where necessary to protect human health and the environment.
Provides that such prohibition shall not apply, during the period ending 48 months after the enactment of this Act, to any disposal of contaminated soil or debris resulting from a response action taken under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the Superfund Act) (CERCLA) or a corrective action under subtitle C of the Solid Waste Disposal Act (hazardous waste management provisions).
Sets forth prohibition on land disposal of specified solvents and dioxins.
Prohibits, effective 24 months after the enactment of this Act (except with respect to underground injection in deep injection wells), the land disposal of:
(1) specified dioxin-containing hazardous wastes referred to in certain EPA proposed rules; and
(2) specified solvent-type hazardous wastes referred to in certain EPA regulations.
Provides that such prohibition with respect to one or more methods of land disposal of such wastes shall apply unless the Administrator determines that it is not required to protect human health or the environment, taking into account specified factors.
Provides that, for such purposes, a land disposal method for such a hazardous waste (other than one in compliance with specified pretreatment regulations) may not be determined to be protective of human health and the environment unless it has been demonstrated, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit or injection zone for as long as the wastes remain hazardous.
Provides that such prohibition shall not apply, during the period ending 48 months after the enactment of this Act, to any disposal of contaminated soil or debris resulting from a response action taken under CERCLA or under hazardous waste management provisions of the Solid Waste Disposal Act. Sets forth provisions relating to the disposal into deep injection wells of the specified hazardous wastes and the solvents and dioxins subject to the foregoing prohibitions on land disposal.
Directs the Administrator, within 45 months after enactment of this Act, to:
(1) complete a review of the disposal of such hazardous wastes by underground injection into deep injection wells; and
(2) promulgate final regulations prohibiting the disposal of any such hazardous waste into such wells if it may reasonably be anticipated that such disposal may not be protective of human health and the environment for as long as the waste remains hazardous, taking into account specified factors and State prohibitions.
Prohibits disposal into any deep injection well of any such hazardous waste for which the Administrator fails to make a determination within such 45-month period.
Sets forth provisions for additional land disposal prohibition determinations.
Directs the Administrator to submit to Congress, within 24 months after enactment of this Act, a schedule for:
(1) reviewing all hazardous wastes listed in specified hazardous waste management provisions of the Solid Waste Disposal Act (as of the date of enactment of this Act) other than those specified wastes, solvents, and dioxins prohibited from land disposal under this Act; and
(2) taking final regulatory action on whether or not to prohibit the land disposal of each of such wastes.
Directs the Administrator to base such schedule on a ranking of such listed wastes considering their intrinsic hazard and their volume such that:
(1) decisions whether or not to prohibit the land disposal of high volume hazardous wastes with high intrinsic hazard shall, to the maximum extent possible, be made within 45 months after the enactment of this Act; and
(2) decisions regarding low volume hazardous wastes with lower intrinsic hazard shall be made within 66 months after such enactment.
Provides that preparation and submission of such schedule shall not be subject to:
(1) the Paperwork Reduction Act of 1980;
(2) requirements for a hearing on the record; and
(3) judicial review.
Requires the Administrator to make such regulatory decisions:
(1) for at least one-third of all such listed wastes within 45 months after such enactment;
(2) for at least two-thirds of all such listed wastes within 55 months after such enactment; and
(3) for all such listed wastes within 66 months after such enactment.
Requires that such regulatory determinations be made within six months after the date of the identification or listing of any hazardous waste after the enactment of this Act. Directs the Administrator, by the date specified in such schedule, to promulgate final regulations prohibiting one or more methods of land disposal of the hazardous wastes listed on such schedule, except for methods of land disposal which the Administrator determines will be protective of human health and the environment for as long as the waste remains hazardous, taking into account specified factors.
Provides that, for such purposes, a method of land disposal may not be determined to be protective of human health and the environment (except with respect to a hazardous waste in compliance with specified pretreatment regulations) unless it has been demonstrated to a reasonable degree of certainty that there will be no migration of hazardous constituents from the disposal unit or injection zone for as long as the wastes remain hazardous.
Prohibits land disposal of any identified or listed hazardous waste for which the Administrator has failed to make a determination within the 66-month deadline.
Allows (until such 66-month deadline prohibition takes effect) such disposal for wastes subject to 45- or 55-month determination deadlines which have not been met, but only if:
(1) the facility is in compliance with specified minimum technological requirements applicable to new facilities; and
(2) prior to such disposal, the generator certifies to the Administrator that after investigation it has determined that the use of such landfill or surface impoundment is the only practical alternative to treatment currently available to the generator.
Sets forth provisions for variances from land disposal prohibitions established under this Act. Requires prompt publication of determinations that a method of land disposal will be protective of human health and the environment.
Prohibits the storage of hazardous waste which is prohibited from land disposal unless such storage is solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.
Prohibits the use of waste or used oil or other material, which is contaminated or mixed with dioxin or any other identified or listed hazardous waste (other than a waste identified solely on the basis of ignitability), for dust suppression or road treatment.
Sets forth provisions for treatment standards for wastes subject to land disposal prohibitions under this Act. Directs the Administrator, after notice and opportunity for hearings and after consultation with appropriate Federal and State agencies, to promulgate regulations specifying any levels or methods of treatment which substantially diminish the toxicity of the waste or substantially reduce the likelihood of migration of hazardous constituents from the waste so that short-term and long-term threats to human health and the environment are minimized.
Permits disposal of such waste in a land disposal facility which meets specified hazardous waste management requirements, if such waste has been treated to such level or by such method.
Provides for standards for air emissions from hazardous waste facilities.
Directs the Administrator, within 30 months after the enactment of this Act, to promulgate regulations for monitoring and control of air emissions at hazardous waste treatment, storage, and disposal facilities (including but not limited to open tanks, surface impoundments, and landfills) as may be necessary to protect human life and the environment.
Establishes minimum technological requirements for landfills, surface impoundments, and incinerators, under Solid Waste Disposal Act provisions for standards and permit requirements for hazardous waste treatment, storage, and disposal facilities.
Requires that regulations be revised from time to time to take into account technological improvements in control and measurement.
Requires installation of two or more liners and a leachate collection system, as well as groundwater monitoring, for landfill or surface impoundment permits.
Allows exceptions to the double liner and leachate collection system requirement (but not the groundwater monitoring requirement) only in cases where the owner or operator can demonstrate that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into groundwater or surface water at least as effectively.
Requires that all incinerators receiving such permits attain at least the destruction and removal efficiency required by specified regulations.
Sets forth provisions for an early leak detection system.
Directs the Administrator, within 30 months after enactment of this Act, to promulgate standards requiring that new landfill units, surface impoundment units, waste piles, underground tanks and land treatment units for storage, treatment, or disposal of identified or listed hazardous waste shall be required to utilize approved leak detection systems.
Directs the Administrator to promulgate regulations or issue guidance documents implementing such minimum technological requirements for landfills and surface impoundments within two years after the enactment of this Act. Sets forth descriptions of top liners and lower liners which will satisfy the requirements for installation of two or more liners until the effective date of such regulations or guidance documents.
Provides that any such permit which is issued for a landfill located within the State of Alabama shall require the installation of two or more liners and a leachate collection system above and between such liners.
Sets forth provisions relating to groundwater monitoring.
Requires that hazardous waste regulations specify criteria for the acceptable location of new and existing treatment, storage, or disposal facilities as necessary to protect human health and the environment.
Directs the Administrator, within 18 months after the enactment of this Act, to publish guidance criteria identifying areas of vulnerable hydrogeology.
Provides that hazardous waste management standards concerning groundwater monitoring which are applicable to surface impoundments, waste piles, land treatment units, and landfills shall apply to such a facility whether or not:
(1) it is located above the seasonal high water table;
(2) two liners and a leachate collection system have been installed; or
(3) the owner or operator inspects the liner (or liners) which has been installed.
Declares that such provision shall not be construed to affect other exemptions or waivers from such standards provided in regulations in effect on the date of enactment of this Act or in revisions to those regulations.
Authorizes the Administrator to exempt from specified groundwater monitoring requirements on a case-by-case basis any engineered structure which is found to meet specified criteria.
Sets forth provisions relating to the burning or blending of hazardous wastes.
Requires, within 15 months after enactment of this Act, notification to the Administrator (and to the State in the case of an authorized State hazardous waste program) by:
(1) the owner or operator of any facility producing a fuel from any hazardous waste alone or with other material or from used oil alone or with other material;
(2) the owner or operator of any facility (other than a single or two-family residence) burning fuel containing any hazardous waste or used oil; and
(3) any person who distributes or markets fuel containing hazardous waste or used oil.
Requires that such notification describe the location, the facility, the identified or listed hazardous waste involved, and the production or energy recovery activity.
Exempts facilities, such as residential boilers, from such notification requirements where the Administrator determines that such notification is not necessary for obtaining sufficient information respecting current practices of facilities using hazardous waste for energy recovery.
Directs the Administrator, within two years after the enactment of this Act, to promulgate regulations establishing health and environmental standards applicable to owners or operators of facilities producing fuel from hazardous wastes or burning hazardous waste for energy recovery and to distributors or marketers of such fuels.
Exempts from such requirements, and from labeling and other specified requirements, petroleum refinery wastes containing oil which are converted into petroleum coke at the same facility at which such waste were generated, unless the resulting coke product would exceed one or more characteristics by which a substance would be identified as a hazardous waste.
Authorizes the Administrator to exempt from such requirements, and from specified labeling and recordkeeping requirements under this Act, facilities which burn minimal quantities of hazardous waste as fuel, as defined by the Administrator, if the waste is burned:
(1) at the same facility at which it is generated;
(2) to recover useful energy, as determined by the Administrator on the basis of the design and operating characteristics of the facility and the heating value and other characteristics of the waste; and
(3) in a type of device determined by the Administrator to be designed and operated at a destruction and removal efficiency sufficient such that protection of human health and the environment is assured.
Provides that, until such standards are in effect, the burning of any fuel containing hazardous waste in any cement kiln located within the boundaries of any incorporated municipality with a population greater than 5,000 is prohibited unless such kiln fully complies with hazardous waste regulations applicable to incinerators.
Provides for criminal penalties for any person who knowingly violates such prohibition.
Sets forth a labeling requirement which (beginning 90 days after enactment of this Act and effective until such time as the Administrator promulgates standards specifically superceding such requirement) prohibits producers, distributors, or marketers of fuels containing hazardous wastes from distributing or marketing such fuels unless the invoice or bill of sale bears a conspicuous warning and lists the hazardous wastes contained in such fuel.
Exempts from such requirement, unless the Administrator determines otherwise in order to protect human health and the environment, fuels produced from:
(1) petroleum refining waste containing oil if such materials are generated and reinserted onsite in the refining process; and
(2) oily materials resulting from normal petroleum refining, production, and transportation practices.
Conditions such exemptions on:
(1) removal of contaminants; and
(2) conversion along with normal process streams into petroleum-derived fuel products at a specified type of facility at which crude oil is refined into petroleum products.
Sets forth recordkeeping requirements.
Directs the Administrator, within 15 months after the enactment of this Act, to promulgate regulations requiring that any person who is required to file a notification in accordance with provisions for burning and blending hazardous wastes must maintain such records regarding fuel blending, distribution, or use as may be necessary to protect human health and the environment.
Sets forth provisions relating to standards for transporters of fuel from hazardous waste.
Directs the Administrator, within two years after the enactment of this Act and after opportunity for public hearing, to promulgate regulations establishing standards, as may be necessary to protect human health and the environment and including appropriate requirements, applicable to transporters of fuel produced from any identified or listed hazardous waste alone or in combination with any other material.
Sets forth provisions relating to the financial responsibility of owners and operators of hazardous waste treatment, storage, and disposal facilities under the Solid Waste Disposal Act. Provides for direct action against guarantors in appropriate cases.
Sets forth provisions relating to continuing releases at permitted facilities.
Provides that hazardous waste management standards, and permits issued after the enactment of this Act, must require corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a treatment, storage, or disposal facility seeking a permit under hazardous waste management provisions, regardless of the time at which waste was placed in such unit.
Requires that permits contain compliance schedules for such corrective action (where it cannot be completed prior to permit issuance) and assurances of financial responsibility for completing such corrective action.
Sets forth provisions relating to corrective actions beyond the boundary of a hazardous waste management facility.
Directs the Administrator, as promptly as possible after the enactment of this Act, to amend standards regarding collective action required at facilities for treatment, storage, or disposal of hazardous waste to require that corrective action be taken beyond the facility boundary where necessary to protect human health and the environment unless owners or operators demonstrate that, despite their best efforts, they were unable to obtain the necessary permission to take such action.
Makes such regulations effective immediately upon promulgation.
Makes such regulations apply to:
(1) all facilities operating under hazardous waste management permits; and
(2) all landfills, surface impoundments, and waste pile units (including any new units, or replacements, or lateral extensions of existing units) which receive hazardous waste after July 26, 1982.
Directs the Administrator, pending promulgation of such regulations, to issue corrective action orders, on a case-by-case basis, for facilities to which such regulations apply.
Directs the Administrator, by March 1, 1985, to promulgate final permitting standards for underground tanks that cannot be entered for inspection.
Requires, within 48 months after the enactment of this Act, that such standards be modified, if necessary, to cover at a minimum all requirements and standards described in specified provisions for underground storage tank release detection, prevention, and correction regulations (as added to the Solid Waste Disposal Act by title VI of this Act). Includes financial responsibility for corrective action among the evidence of financial responsibility which the Administrator is authorized to require of owners and operators of hazardous waste treatment, storage, and disposal facilities.
Authorizes the Administrator to modify specified hazardous waste management requirements under the Solid Waste Disposal Act, in the case of landfills or surface impoundments receiving:
(1) solid waste from the extraction, beneficiation, or processing of ores and minerals, including phosphate rock and overburden from uranium ore mining;
(2) fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; or
(3) cement kiln dust waste.
Provides that such modifications are to take into account:
(1) the special characteristics of such wastes;
(2) the practical difficulties associated with the implementation of such requirements; and
(3) site-specific characteristics.
Requires that such modified requirements assure protection of human health and the environment.
Subtitle B - Amendments Primarily to Section 3005
(This title makes amendments primarily to provisions relating to permits for treatment, storage, or disposal of hazardous waste.) Makes permit requirements applicable to the construction of new facilities for hazardous waste treatment, storage, or disposal.
Provides that no permit shall be required under such hazardous waste management provisions of the Solid Waste Disposal Act in order to construct a facility if such facility is constructed pursuant to an approval, issued under the Toxic Substances Control Act for the inceneration of polychlorinated biphenyls.
Allows any owner or operator of such a facility, at any time after operation or construction of such facility has begun, to file an application for a hazardous waste permit under the Solid Waste Disposal Act authorizing such facility to incinerate identified or listed hazardous waste.
Requires that permits be for fixed terms and that permits for land disposal facilities, storage facilities, or incinerators or other treatment facilities be for fixed terms not exceeding ten years.
Requires review of land disposal permits five years after date of issuance or reissuance to ensure compliance with currently applicable requirements.
Provides that the Administrator may review and modify a permit at any time during its term.
Requires that review of any permit renewal application shall consider improvements in the state of control and measurement technology as well as changes in applicable regulations.
Requires that each permit contain terms and conditions which the Administrator (or the State) determines necessary to protect human health and the environment.
Terminates, 12 months after enactment of this Act, interim status for any land disposal facility granted such status before such enactment, unless the owner or operator:
(1) applies for a final determination of permit issuance before such 12-month period is over; and
(2) certifies compliance with all applicable groundwater monitoring and financial responsibility requirements.
Sets similar termination conditions for interim status permits granted to land disposal facilities in existence on the effective date of statutory or regulatory changes under the Solid Waste Disposal Act that render the facilities subject to the requirement to have a permit (with the 12-month period running from the effective date of such changes).
Provides that nothing in the Solid Waste Disposal Act (or in any regulation adopted under such Act) shall be construed to prohibit any State from requiring that it be provided with a copy of each manifest used in connection with hazardous waste which is generated within its boundaries or transported to a treatment, storage, or disposal facility within its boundaries.
Directs the Administrator to issue final permits or final denials of permit applications:
(1) for land disposal facilities within four years after the enactment of this Act;
(2) for incinerator facilities within five years after such enactment; and
(3) for any other treatment, storage, or disposal facilities within eight years after such enactment.
Provides that such time periods shall also apply in the case of any authorized State hazardous waste program.
Requires facilities operating under interim status permits to submit applications for final permit review within the applicable time period, with specified exceptions.
Authorizes the Administrator to issue research, development, and demonstration permits for any hazardous waste treatment facility which proposed to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards have not been promulgated.
Sets forth requirements for such permits, including a one-year limit on operation.
Allows any such permit to be renewed up to 3 times, with each such renewal covering up to a one-year period.
Authorizes the Administrator to modify or waive general permit application or issuance regulations (except those regarding financial responsibility or public participation) to expedite review and issuance of such permits.
Authorizes the Administrator to order an immediate termination of all operations at the facility at any time when necessary to protect human health and the environment.
Sets forth provisions relating to existing surface impoundments which qualify for interim status permits.
Requires such existing surface impoundments, to comply, by the date four years after the enactment of this Act, with the minimum technological requirements for new surface impoundments, with certain exceptions and modifications.
Exempts from such requirements any surface impoundment which:
(1) has at least one liner with no evidence of leakage;
(2) is located more than one-quarter mile from an underground source of drinking water; and
(3) is in compliance with generally applicable ground water monitoring requirements for facilities with permits.
Exempts, also, from such requirements certain qualified wastewater treatment surface impoundments.
Authorizes the Administrator (or the authorized State program) to modify such requirements if the owner or operator demonstrates that such surface impoundment is located, designed, and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.
Requires that specified locational criteria be taken into account in any such modification.
Requires that owners or operators apply for such exemptions or modifications within 24 months after the enactment of this Act. Sets forth the types of evidence and other information which such applications must contain.
Directs the Administrator (or State) to rule on such applications within 12 months after receipt and not later than 36 months after the enactment of this Act. Sets similar deadlines for applications and rulings and makes the deadline for compliance four years after the date of promulgation, in the case of promulgation of additional listings or characteristics for hazardous waste identification which make a surface impoundment become subject to such requirements at any time after the enactment of this Act. Provides that, in cases where an exemption or modification has been given and a change in condition makes the impoundment subject to such requirements, the compliance deadline shall be two years after the discovery of such change (but three years for wastewater treatment impoundments).
Directs the Administrator to report to Congress on specified topics relating to those wastewater treatment impoundments exempted from such requirements, and on the need, feasibility, and estimated costs of making such impoundments subject to such requirements.
Authorizes the Administrator (or the State, if appropriate) to impose any requirements necessary to protect human health and the environment in the case of any existing surface impoundment or class of surface impoundments from which hazardous constituents are likely to migrate into ground water.
Directs the Administrator (or the State) to only allow the exemption for wastewater treatment impoundments if compliance with the requirements set forth under this Act is not necessary to protect human health and the environment.
Provides that, in the case of any surface impoundment in which the liners and leak detection system have been installed in good faith compliance with specified provisions, regulations, and guidance documents, no different liner or leak detection system requirement shall be required for purposes of first permit issuance.
Authorizes the Administrator to require a new liner when there is reason to believe that any liner installed pursuant to specified requirements is leaking.
Requires, at the closure of certain surface impoundments exempted from requirements on the basis of having a liner which prevents hazardous waste from migrating to subsurface soil, groundwater, or surface water, the owner or operator to:
(1) remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable; and
(2) if all contaminated soil is not removed or decontaminated, comply with appropriate post-closure requirements, including ground water monitoring and corrective action.
Provides that any incremental cost attributable to these requirements for interim status surface impoundments or to minimum technological requirements under this Act shall not be considered by the Administrator (or the State) in established effluent limitations and standards under specified provisions of the Clean Water Act. Requires interim status surface impoundments used for the storage or treatment of a hazardous waste that has been prohibited from one or more methods of land disposal to meet the minimum technological requirements applicable to new surface impoundments, unless such interim status surface impoundments qualify for an exemption under the one-quarter mile rule or a modification under the no-migration rule.
Requires surface impoundments used for the treatment of a hazardous waste that has been prohibited from one or more methods of land disposal to remove the treatment residues at least once a year for subsequent management.
Authorizes the Administrator to modify the minimum technological requirements for interim status surface impoundments for which the owner or operator, prior to October 1, 1984, has entered into a consent order, decree, or agreement with the Administrator (or a State with an authorized program) mandating corrective action that provides a degree of protection of human health and the environment that is at least equal to that provided by such requirements.
Subtitle C - Amendments Primarily to Other Sections in Subtitle C
Makes amendments primarily to other provisions relating to hazardous waste management under the Solid Waste Disposal Act. Revises provisions for identification and listing of hazardous waste to add provisions relating to small quantity generator waste.
Directs the Administrator, by March 31, 1986, to promulgate standards for hazardous waste generated by a generator in a total quantity of hazardous waste greater than 100 kg but less than 1,000 kg during a calendar month.
Allows such standards to vary from those applicable to hazardous waste generated by larger quantity generators, but requires that such standards be sufficient to protect human health and the environment.
Requires, beginning 270 days after enactment of this Act, that any listed or identified hazardous waste which is from a small quantity (100 to 1,000 kg per month) generator and is shipped off the premises shall be accompanied by a copy of the EPA uniform hazardous waste manifest form signed by the generator and containing specified information.
Provides that additional requirements related to the manifest promulgated under such Act shall apply only if determined necessary by the Administrator to protect human health and the environment.
Provides that the Administrator's responsibility under hazardous waste management provisions to protect human health and the environment may require the promulgation of standards for hazardous waste which is part of a total quantity generated by a generator generating less than 100 kilograms during one calendar month.
Requires, until the effective date of the standards which the Administrator is required to promulgate, that any identified or listed hazardous waste which is from a small quantity (between 100 kg and 1,000 kg) generator and which is not treated, stored or disposed of at a hazardous waste treatment, storage or disposal facility with a permit, be disposed of only in a facility which is permitted, licensed, or registered by a State to manage municipal or industrial solid waste.
Requires that, at a minimum, the EPA standards provide that all treatment storage, or disposal of hazardous wastes from small quantity generators must occur at a facility with interim status or a permit.
Allows onsite storage of hazardous waste from a small quantity generator to occur without a permit for up to 180 days, or, if the small quantity generator must ship or haul such waste over 200 miles, for not more than 6,000 kg for up to 270 days.
Provides that nothing in such provisions relating to small quantity generator waste shall be construed to affect regulations promulgated:
(1) by the Secretary of Transportation under the Hazardous Materials Transportation Act; or
(2) prior to January 1, 1983, and applicable to an acutely hazardous waste generated in a total quantity less than 1,000 kg per month.
Sets forth the following requirements for small quantity (between 100 to 1,000 kg per month) generator waste which shall be effective March 31, 1986, unless the Administrator has promulgated the required standards prior to such date:
(1) specified notice requirements shall apply and, in addition, the name of the waste transporters and the name and address of the facility designated to receive the waste must be given;
(2) all treatment, storage, or disposal of any identified or listed hazardous waste from a small quantity generator shall occur only at facilities with hazardous waste treatment, storage, or disposal permits;
(3) generators of such waste shall file manifest exception reports as required of larger quantity generators, except that such reports shall be filed by January 31, for any waste shipment occurring in the last half of the preceding calendar year, and by July 31, for any waste shipment in the first half of the calendar year; and
(4) generators of such waste shall retain for three years a copy of the manifest signed by the facility that has received the waste.
Directs the Administrator, during the period within 30 months after enactment of this Act, to inform and educate small quantity hazardous waste generators of their responsibilities under the amendments made by these provisions of this Act to help assure compliance.
Directs the Administrator, in cooperation with the States, to study identified or listed hazardous waste from small quantity (less than 1,000 kg per month) generators.
Authorizes the Administrator to require necessary information for such study from such generators.
Requires that such study include characterizations of specified factors.
Requires that such study be submitted to the Congress by April 1, 1985.
Directs the Administrator to:
(1) study the existing manifest system for hazardous wastes as it applies to small quantity generators; and
(2) recommend whether the current system should be retained or a new system introduced.
Requires that such study include a cost-benefit analysis of such systems and an analysis of the ease of retrieving and collating information and identifying a given substance.
Requires that any new proposal include a list of standards necessary to protect human health and the environment.
Requires that such study be submitted to the Congress by April 1, 1987.
Directs the Administrator, in conjunction with the Secretary of Transportation, to report to Congress on the feasibility of a program of licensing hazardous waste transporters to assume the responsibilities of small quantity generators relating to the preparation of manifests and associated recordkeeping and reporting requirements.
Requires that such report be submitted to the Congress by April, 1987.
Directs the Administrator, in consultation with the Secretary of Education, the States, and appropriate educational associations, to conduct a comprehensive study of problems associated with the accumulation, storage, and disposal of hazardous wastes from educational institutions.
Requires that such study include specified investigations and consideration of specified factors.
Directs the Administrator to submit a report containing the findings of such study to the Congress by April 1, 1987.
Sets forth requirements relating to the listing of specified hazardous wastes.
Directs the Administrator, where appropriate, to list as subject to hazardous waste management provisions:
(1) within six months of enactment of this Act, additional wastes containing chlorinated dioxins or dibenzofurans; and
(2) within one year after such enactment, wastes containing remaining halogenated dioxins and halogenated dibenzofurans.
Directs the Administrator, within 15 months after such enactment, to determine whether or not to list as subject to such requirements other specified wastes.
Sets forth delisting procedures.
Directs the Administrator, when evaluating a petition to exclude a waste generated at a particular facility from being regulated as a hazardous waste, to consider criteria, constituents, or other related factors other than those for which the waste was listed.
Requires, within specified time periods, notice and opportunity for public comment:
(1) before such a petition is granted or denied; and
(2) before the basis for listing a waste is amended to indicate the additional constituents which could cause the waste to be hazardous.
Sets time limits on the temporary granting of such petitions prior to enactment of this Act without the opportunity for public comment and the full consideration of such comment.
Directs the Administrator, within 28 months after the enactment of this Act, to:
(1) examine the deficiencies of the extraction procedure toxicity characteristic as a predictor of the leaching potential of wastes; and
(2) make changes in such characteristic, including changes in the leaching media, as are necessary to insure accurate prediction of the leaching potential of wastes which pose a threat to human health and the environment when mismanaged.
Directs the Administrator, within two years after the enactment date of this Act, to promulgate regulations identifying additional characteristics of hazardous waste, including measures or indicators of toxicity.
Directs the Administrator, in cooperation with the Agency for Toxic Substances and Disease Registry and the National Toxicology Program, to also identify or list those hazardous wastes which shall be subject to hazardous waste management provisions solely because of the presence in such wastes of certain constituents (such as identified carcinogens, mutagens, or teratogens) at levels in excess of levels which endanger human health.
Sets forth provisions relating to household waste.
Exempts from specified standards and permit requirements for treating, storing, disposing of, or otherwise managing hazardous wastes any resource recovery facility recovering energy from the mass burning of municipal solid waste, which:
(1) receives and burns only household waste and solid waste from commercial or industrial sources that does not contain identified or listed hazardous waste;
(2) does not accept identified or listed hazardous wastes; and
(3) whose owner or operator has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received or burned there.
Sets forth provisions relating to minimization of hazardous waste.
Requires, effective September 1, 1985, that a required manifest contain a certification by the generator of the hazardous waste that:
(1) the generator has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and
(2) the proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment.
Revises reporting requirements for generators of hazardous waste to require that submission of reports to the Administrator (or the appropriate State) be at least once every two years and that such reports set out:
(1) the quantities and nature of the identified or listed hazardous waste the generator has generated during the year;
(2) the disposition of all such hazardous waste;
(3) the efforts undertaken during the year to reduce the volume and toxicity of the waste generated; and
(4) the changes in volume and toxicity of waste actually achieved during the year in question in comparison with previous years, to the extent such information is available for years prior to the enactment of this Act. Makes it a condition, effective September 1, 1985, of permits issued for hazardous waste treatment, storage, or disposal on the premises where such waste was generated that the permittee certify, at least annually, that:
(1) the generator of such waste has a program in place to reduce the waste's volume or quantity and toxicity to the degree determined by the generator to be economically practicable; and
(2) the proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to the environment.
Directs the Administrator to compile and submit to the Congress by October 1, 1986, a report on the feasibility and desirability of establishing:
(1) performance standards, or taking other additional actions under the Act to require hazardous waste generators to reduce the volume or quantity and toxicity of the hazardous waste they generate; and
(2) required management practices with respect to hazardous wastes, or other requirements to assure such wastes are managed in ways that minimize present and future risks to human health and the environment.
Requires that such report include any recommendations for legislative changes which the Administrator determines are feasible and desirable to implement the national policy of hazardous waste minimization established under this Act. Authorizes the Administrator, in authorizing a State program, to base findings on the Federal program in effect one year prior to submission of a State's application or in effect on January 26, 1983, whichever is later.
Requires that authorized State hazardous waste programs provide for availability of specified information to the public.
Extends the period of interim authorization for a State program through January 31, 1986.
Directs the Administrator to establish, by rule, a date for the expiration of interim authorization relating to amendments made by this Act. Permits any State to assist in the administration of requirements and prohibitions pursuant to such amendments, pending interim or final authorization of a State program which reflects such amendments.
Authorizes the Administrator to issue or deny permits or portions of permits affected by requirements and prohibitions established by this Act, in any State with a final or interim authorization for its State program, until such program is amended to reflect the amendments made by this Act and such program amendments receive interim or final authorization.
Directs the Administrator to coordinate with States the procedures for issuing such permits.
Sets forth provisions for the application of amendments made by this Act to States with interim or finally authorized State programs.
Sets forth provisions relating to inspection and inventory of facilities operated by Federal agencies and to Federal inspections of State or local facilities.
Directs the Administrator (or the State in the case of an authorized State program) to inspect annually each hazardous waste treatment, storage, or disposal facility operated by a Federal agency.
Directs the Administrator to inspect annually every hazardous waste treatment, storage, or disposal facility operated by a State or local government for which a permit is required under hazardous waste management provisions of the Act. Requires that records of such inspections of Federal, State, or local facilities be available to the public.
Sets forth provisions for mandatory inspections at least every two years, beginning 12 months after enactment of this Act, at every facility for the treatment, storage, or disposal of hazardous waste for which a permit is required.
Directs the Administrator, after notice and opportunity for public comment, to promulgate regulations on the minimum frequency and manner of such inspections and the maintenance of inspection records.
Authorizes the Administrator to distinguish between classes and categories of facilities commensurate with the risks posed.
Directs the Administrator, within six months after enactment of this Act, to report to the Congress on the potential for such inspections by nongovernmental officers as a supplement to EPA or State inspections.
Sets forth provisions relating to Federal enforcement of hazardous waste management provisions.
Provides for criminal penalties for persons who knowingly:
(1) cause specified hazardous waste to be transported;
(2) treat, store, or dispose of such waste in violation of any material condition or requirement of specified permits or of any applicable interim status regulations or standards;
(3) omit material information used for purposes of compliance with regulations promulgated by the Administrator (or by a State program);
(4) fail to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of such compliance; or
(5) transports, or causes to be transported, without a manifest any hazardous waste required to be so accompanied.
Raises the maximum criminal penalties for these and other violations, under specified conditions.
Revises provisions relating to conditions for knowing endangerment.
Raises the penalties for knowing endangerment.
Sets forth provisions for interim status corrective orders.
Authorizes the Administrator, whenever there is or has been a release of hazardous waste into the environment from a facility authorized to operate under an interim status permit, to:
(1) issue an order requiring corrective action or such other response measure necessary to protect human health or the environment; or
(2) commence a civil action in the U.S. district court in the district in which the facility is located for appropriate relief, including a temporary or permanent injunction.
Provides that any order issued under these provisions:
(1) may include a suspension or revocation of authorization to operate under an interim status permit;
(2) shall state with reasonable specificity the nature of the required corrective action or other response measure; and
(3) shall specify a time for compliance.
Authorizes the Administrator to assess a civil penalty of up to $25,000 for each day of noncompliance with the order.
Authorizes the Administrator to provide for a shorter period prior to the effective date, or an immediate effective date for regulations at the time of promulgation under specified circumstances.
Subtitle D - New Sections in Subtitle C
Adds new sections to hazardous waste management provisions of the Solid Waste Disposal Act. Revises provisions relating to restrictions on recycled oil to add provisions for the identification and listing of used oil as hazardous waste.
Directs the Administrator to:
(1) within 12 months after the enactment of this Act propose whether to list or identify used automobile and truck crankcase oil as a hazardous waste; and
(2) within 24 months after such enactment date, make a final determination whether to so list or identify such crankcase oil and other used oils.
Exempts recycled used oil so identified or listed from specified hazardous waste management standards, but not from certain standards applicable to owners or operators of hazardous waste treatment, storage, and disposal facilities.
Directs the Administrator to promulgate, within 24 months after such enactment date, standards for the generation and transportation, of such recycled used oil.
Sets forth requirements relating to such regulations.
Exempts certain generators of recycled used oil from any manifest requirement or associated recordkeeping and reporting requirement, if specified conditions are met.
Exempts owners or operators of facilities which recycle used oil from specified permit requirements under certain conditions.
Revises provisions relating to restrictions on recycled oil to specify that such regulations should not discourage the recovery or recycling of used oil, consistent with the protection of human health and the environment.
Sets forth provisions relating to expansion during interim status.
Requires any new, replacement, or laterally expanded unit of a waste pile or a landfill or surface impoundment operating under a hazardous waste facility interim status permit to be subject to specified requirements respecting liners and leachate collection systems or equivalent protection applicable to new facilities for which a final permit is issued.
Requires the owner or operator of such units to notify the Administrator (or the State, if appropriate) at least 60 days prior to receiving such waste.
Requires the filing of a completed permit application within six months of receipt of such notice.
Prohibits the Administrator, when issuing the first permit for such facility, from requiring a different liner or leachate system than that which has been installed pursuant to such requirements and in good faith compliance with regulations and guidance documents.
Provides that the Administrator shall not be precluded from requiring installation of a new liner when there is reason to believe that any liner installed pursuant to such requirements is leaking.
Authorizes the Administrator to amend requirements for liners and leachate collection systems as may be necessary to provide additional protection for human health and the environment.
Subjects any interim status landfill, surface impoundment, land treatment unit, or waste-pile unit which receives hazardous waste after July 26, 1982, to the same standards concerning ground water monitoring, unsaturated zone monitoring, and corrective action which are applicable to new facilities.
Sets forth provisions for an inventory of Federal agency hazardous waste facilities.
Directs each Federal agency to undertake a continuing program to compile, publish, and submit to the Administrator (and to the appropriate States with authorized programs) an inventory of each site which the Federal agency owns or operates where hazardous waste has at any time been treated, stored, or disposed of.
Requires that such inventory be submitted every two years, beginning January 31, 1986, and be available to the public.
Provides that specified information need not be resubmitted, but must be updated.
Requires that the inventory contain specified information (including site location, waste amount, nature, and toxicity, responsible agency, techniques used, site hydrogeology, withdrawal wells and surface water within one mile, nature and extent of environmental contamination at each site, monitoring data, response actions undertaken or comtemplated at contaminated sites, and a list of sites at which hazardous waste has been disposed and environmental monitoring data has not been obtained, with reasons for the lack of such data).
Directs the Administrator to:
(1) notify the chief official of any Federal agency which is not providing adequate information respecting such sites; and
(2) carry out the inventory program for such agency if it has not undertaken an adequate program within 90 days following such notification.
Sets forth provisions relating to the export of hazardous waste.
Prohibits, beginning 24 months after the enactment of this Act, the export of any identified or listed hazardous waste unless:
(1) the exporter has provided specified notification;
(2) the government of the receiving country has consented to accept such waste;
(3) a copy of the receiving country's written consent is attached to the manifest accompanying each waste shipment; and
(4) the shipment conforms with the terms of the consent of the government of the receiving country; or
(5) the United States and the receiving country have entered into a specified agreement and the shipment conforms with the terms of such agreement.
Directs the Administrator, within 12 months after the enactment of this Act, to promulgate regulations necessary to implement such requirements relating to the export of hazardous waste.
Makes such regulations effective 180 days after promulgation.
Requires any person who intends to export an identified or listed hazardous waste beginning 12 months after the enactment of this Act to notify the Administrator before such waste is scheduled to leave the United States. Requires such notification to contain specified information.
Directs the Secretary of State, within 30 days of the Administrator's receipt of a complete notification, to:
(1) forward a copy of the notification to the government of the receiving country;
(2) advise such government that U.S. law prohibits the export of hazardous waste unless the receiving country consents to accept such waste;
(3) request such government to provide the Secretary of State with a written consent or objection to the terms of the notification; and
(4) forward to such government a description of Federal regulations which would apply to the treatment, storage, and disposal of hazardous waste in the United States. Directs the Administrator, within 30 days of its receipt by the Department of State, to forward to the exporter the receiving country's written consent or objection (or any subsequent communication withdrawing a prior consent or objection).
Provides that only specified reporting requirements shall apply to hazardous waste exports where there exists an international agreement between the United States and the government of the receiving country establishing notice, export, and enforcement procedures for hazardous waste transportation, treatment, storage, and disposal.
Requires, after the date of enactment of this Act, any exporter of identified or listed hazardous waste to file with the Administrator by March 1 of each year a report summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year.
Provides that nothing in such hazardous waste export requirements shall preclude the Administrator from establishing other standards for the export of hazardous wastes under other specified provisions relating to generators or transporters of such waste.
Provides for penalties for any person who knowingly exports an identified or listed hazardous waste:
(1) without the consent of the receiving country; or
(2) where there exists an international agreement between the United States and the government of the receiving country establishing notice, export, and enforcement procedures for the transportation, treatment, storage, and disposal of hazardous wastes, in a manner which is not in conformance with such agreement.
Adds provisions relating to hazardous waste in domestic sewage.
Directs the Administrator, within 15 months after enactment of this Act, to report to Congress on those identified or listed hazardous substances which are not regulated under hazardous waste management provisions by reason of the exclusion for mixtures of domestic sewage and other wastes that pass through a sewer system to a publicly owned treatment works.
Requires that such report include:
(1) the types, size, and number of generators which dispose of such substances in this manner;
(2) the types and quantities disposed of in this manner; and
(3) the identification of significant generators, wastes, and waste constituents not regulated under existing Federal law or regulations in a manner sufficient to protect human health and the environment.
Directs the Administrator, within 18 months after submitting such report, to revise existing regulations and promulgate additional regulations necessary to ensure that such identified or listed hazardous substances which pass through a sewer system to a publicly owned treatment works are adequately controlled to protect human health and the environment.
Directs the Administrator, within 36 months after enactment of this Act, to report to Congress on wastewater lagoons at publicly owned treatment works and their effect on groundwater quality.
Requires that such report include:
(1) the number and size of such lagoons;
(2) the type and quantities of waste contained in such lagoons;
(3) the extent to which such waste has been or may be released from such lagoons and contaminated groundwater; and
(4) available alternatives for preventing or controlling such releases.
Authorizes the Administrator to use specified authority to complete such report.
Provides that specified provisions for inspections, preliminary notifications, and effective date of regulations shall apply to solid or dissolved materials in domestic sewage to the same extent and in the same manner as such provisions apply to hazardous waste.
Sets forth provisions relating to exposure information and health assessments.
Requires that, beginning nine months after the enactment of this Act, each permit application under hazardous management provisions for a landfill or surface impoundment shall be accompanied by information reasonably ascertainable by the owner or operator on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to a unit.
Sets forth minimum requirements relating to such information.
Requires submission of such information within nine months after such enactment date by owners or operators of landfills and surface impoundments for which a completed application has been submitted prior to such date.
Directs the Administrator (or the authorized State) to make such information available to the Agency for Toxic Substances and Disease Registry (ATSDR). Authorizes the Administrator (or the authorized State, with the Administrator's concurrence), whenever a landfill or surface impoundment release poses a substantial potential risk to human health, to request the ATSDR Administrator to conduct a health assessment in connection with such facility and take other appropriate action with respect to such risks as authorized under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA). Requires the ATSDR Administrator to conduct such health assessment if funds are provided in connection with such request.
Allows any member of the public to submit evidence of releases of or exposure to hazardous constituents from such a facility, or as to the associated risks or health effects.
Directs the ATSDR Administrator, in determining the order in which to conduct such health assessments, to give priority to those facilities or sites at which there is documented evidence of release of hazardous constituents, at which the potential risk to human health appears highest, and for which in the judgment of the ATSDR Administrator existing health assessment data is inadequate to assess the potential risk to human health.
Directs the ATSDR Administrator to issue periodic reports which include the results of all the assessments carried out under these provisions of this Act. Requires that such assessments or other activities shall be reported after appropriate peer review.
Defines the scope of the term "health assessments" for purposes of these provisions of this Act. Provides that, in any case in which a health assessment performed under such provisions discloses the exposure of a population to the release of a hazardous substance, the costs of such health assessment may be recovered as a cost of response under CERCLA from persons causing or contributing to such release of such hazardous substance or, in the case of multiple releases contributing to such exposure, to all such releases.
Title III - Provisions Relating to Subtitle D of the Solid Waste Disposal Act
Sets forth provisions relating to State and regional solid waste plans under the Solid Waste Disposal Act. Adds provisions relating to the size of waste-to-energy facilities.
Declares that it is the intention of the Solid Waste Disposal Act that adequate provision be given to the present and future needs of the recycling and resource recovery interest in the area encompassed by the comprehensive planning process in determining the size of waste-to-energy facilities.
Directs the Administrator to study the extent to which guidelines and criteria under the Act (other than those for facilities to which hazardous waste management provisions apply) applicable to solid waste management and disposal facilities (including, but not limited to, landfills and surface impoundments) are adequate to protect human health and the environment from groundwater contamination.
Requires that such study include:
(1) a detailed assessment of the degree to which specified criteria regarding monitoring, prevention of contamination, and remedial action are adequate to protect groundwater; and
(2) recommendations with respect to any additional enforcement authority which the Administrator, in consultation with the Attorney General, deems necessary for such purposes.
Directs the Administrator, within 36 months after enactment of this Act, to report to Congress on the results of such study, with recommendations based on such study.
Directs the Administrator, by March 31, 1988, to promulgate revisions of specified criteria for distinguishing sanitary landfills and open dumps for facilities which may receive hazardous household waste or waste from small quantity generators.
Requires that such criteria be those necessary to protect human health and the environment.
Allows such criteria to take into account the practical capacity of such facilities.
Provides that, at a minimum, such revisions for facilities potentially receiving such wastes should:
(1) require groundwater monitoring;
(2) establish criteria for the acceptable location of new or existing facilities; and
(3) provide for corrective action as appropriate.
Makes a prohibition against the establishment of open dumps effective six months after the promulgation of EPA regulations, rather than on a later date of approval of the State plan.
Requires each State to adopt and implement a permit program or other system of prior approval and conditions to assure that each solid waste management facility within such State which may receive hazardous waste in household waste or from small quantity generators will comply with specified criteria.
Requires that such program be adopted and implemented:
(1) within 36 months after the enactment of this Act, with respect to compliance with specified applicable criteria; and
(2) within 18 months after the promulgation of revised criteria under this Act, with respect to compliance with such revised criteria.
Directs the Administrator to determine whether each State has developed an adequate program.
Directs the Administrator to enforce a specified prohibition with respect to such facilities in any State which does not adopt such an adequate program by the deadline with respect to revised criteria.
Title IV - Provisions Relating Primarily to Subtitle G of the Solid Waste Disposal Act
Sets forth provisions relating primarily to miscellaneous provisions of the Solid Waste Disposal Act. Revises provisions relating to citizen suits.
Authorizes citizens to also bring suits in cases where past or present handling, storage, treatment, transportation, or disposal of any hazardous or solid waste which may present an imminent and substantial endangerment to health or the environment.
Grants the district court in citizen suit cases the power to:
(1) enforce the permit, standard, regulation, condition, requirement, prohibition, or order involved;
(2) restrain (and order to take necessary action) any person who has contributed or is contributing to the past or present handling, storage, treatment, transportation, or disposal of the solid or hazardous waste involved; or
(3) order the Administrator to perform the act or duty involved, and to apply any appropriate civil penalties under specified provisions.
Provides that common carriers by rail shall not be subject to such citizen suits (on the added basis of "contribution" to such prohibited acts) if:
(1) the waste has left their possession or control;
(2) the transportation of the waste was under a sole contractual arrangement arising from a public tariff and acceptance for carriage by common carrier by rail; and
(3) such transporter has exercised due care.
Waives the current 60-day waiting period after notification for citizen suits relating to violations of hazardous waste management provisions of the Act. Prohibits citizen suits being brought, on the grounds added by this Act:
(1) prior to 90 days after the plaintiff has given notice of the endangerment (but allows such suits to be brought immediately after such notification in cases involving a violation of hazardous waste management provisions);
(2) if the Administrator (or the State) has commenced and is diligently prosecuting specified actions, is actually engaging in a specified removal action, or has incurred costs to initiate a remedial investigation and feasibility study (RIFS) and is diligently proceeding with a specified remedial action;
(3) if the Administrator has obtained a court order or issued an administrative order pursuant to which a responsible party is diligently conducting a removal action, RIFS, or remedial action; or
(4) with respect to the siting of a hazardous waste treatment, storage, or disposal facility, or to restrain or enjoin the issuance of a permit for such facility.
Provides for a right of intervention in such citizen suits by persons claiming an interest in the subject of the action, subject to specified conditions.
Requires the plaintiff in such actions to serve a copy of the complaint on the Attorney General and the Administrator. Provides that only the prevailing or substantially prevailing party may be awarded litigation costs under citizen suit provisions.
Revises provisions relating to imminent hazard.
Specifies that the persons against whom the Administrator may seek restraining orders include, but are not limited to, any past or present generator, transporter, or owner or operator of a treatment, storage, or disposal facility who has contributed or is contributing to the handling, storage, treatment, transportation, or disposal of solid or hazardous waste which may present an immediate and substantial endangerment to health or the environment.
Specifies that such a suit by the Administrator may seek both a restraining order and an order to such person to take such other action as may be necessary.
Provides that common carriers by rail shall not be subject to such restraining orders (on the added basis of "contribution" to such prohibited acts), if they merely transported the waste under a sole contractual arrangement and exercised due care.
Directs the Administrator to:
(1) provide immediate notice to the appropriate local agencies upon receipt of information that there is a hazardous waste at any site which has presented an imminent and substantial endangerment to human health or the environment; and
(2) require notice of such endangerment to be promptly posted at the site where waste is located.
Directs the Attorney General, at the request of the Administrator and on the basis of a showing of need, to deputize qualified EPA employees to serve as special deputy U.S. marshals in criminal investigations with respect to violations of the criminal provisions of the Solid Waste Disposal Act. Provides that specified prohibitions against the open dumping of solid waste or hazardous waste apply whether or not a State plan has been submitted and approved.
Revises provisions for Federal enforcement of hazardous waste management requirements to authorize the Administrator to assess a civil penalty for any past or current violation or for violations of compliance orders.
Authorizes the Administrator and duly designated agents and employees of EPA to initiate and conduct investigations under the criminal provisions of the Act, and to refer investigation results to the Attorney General for appropriate prosecution.
Revises provisions for judicial review of certain actions of the Administrator with respect to permits and to authorized State hazardous waste programs to provide that if review could have been obtained under such provisions then such actions shall not be subject to judicial review in civil or criminal proceedings for enforcement.
Provides for public participation in settlements under imminent hazard provisions.
Sets forth provisions for interim control of hazardous waste injection affecting underground sources of drinking water.
Prohibits hazardous waste disposal by underground injection into or above a formation which contains an underground source of drinking water within one-quarter mile of the well used for such underground injection.
Makes such prohibition effective six months after the enactment of this Act, except in the case of any State in which identical or more stringent prohibitions are in effect before such date under the Safe Drinking Water Act. Makes such prohibition inapplicable to the injection of contaminated groundwater into the aquifer from which it was withdrawn, if:
(1) such injection is a response action taken under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or part of corrective action required under specified provisions of the Solid Waste Disposal Act intended to cleanup such contamination;
(2) such contaminated groundwater is treated to substantially reduce hazardous constituents prior to such injection; and
(3) such response action or corrective action will, upon completion, be sufficient to protect human health and the environment.
Provides that, in addition to enforcement under specified provisions of the Solid Waste Disposal Act such prohibition will be enforceable under the Safe Drinking Water Act in any State where identical or more stringent prohibitions have been adopted and are being enforced by the Administrator or the State.
Title V - Provisions Relating to Several Subtitles of the Solid Waste Disposal Act
Sets forth provisions relating to Federal procurement and various other provisions under the Solid Waste Disposal Act. Sets forth provisions relating to the use of recovered materials by Federal agencies.
Sets forth a definition of "recovered materials," in the case of paper products.
Requires that each procuring agency develop, within one year after the publication of applicable guidelines, an affirmative procurement program to assure that items composed of recovered materials will be purchased to the maximum extent practicable consistent with Federal procurement law.
Sets forth minimum requirements relating to such programs.
Requires that procurement guidelines, in the case of paper, provide for maximizing the use of specified post consumer recovered materials.
Extends deadlines for final procurement guidelines:
(1) for paper, to 180 days after the enactment of this Act; and
(2) for three additional product categories (including tires), to October 1, 1985.
Directs the Office of Procurement Policy to report, every two years beginning in 1984, to the Congress on action taken by Federal agencies and the progress made in implementation of Federal procurement provisions under the Act, including agency compliance in reviewing and eliminating specifications that discriminate against recycled materials.
Extends the deadline for elimination of such specification to 18 months after the enactment of this Act. Includes needs created by thorough implementation of requirements for Federal procurement of recoverable materials, in the case of paper products, among those needs of the recycling and resource recovery interests within the area encompassed by the solid waste plan, for purposes of determining the size of waste-to-energy facilities.
Sets forth various technical and clerical amendments.
Title VI - Underground Storage Tanks
Adds a new subtitle to the Solid Waste Disposal Act, relating to the regulation of underground storage tanks.
Defines "underground storage tank" to mean any tank or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances, and the volume of which (including the volume of the underground pipes connected thereto) is ten percent or more beneath the surface of the ground.
Lists the following exclusions from such term:
(1) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes;
(2) tanks used for storing heating oil for consumptive use on the premises where stored;
(3) septic tanks;
(4) pipeline facilities (including gathering lines) which are regulated under the National Gas Pipeline Act of 1968, or the Hazardous Liquid Pipeline Act of 1978, or which are intrastate pipeline facilities regulated under State laws comparable to such Federal laws;
(5) surface impoundments, pits, ponds, or lagoons;
(6) storm water and waste water collection systems;
(7) flow-through process tanks;
(8) liquid traps or associated gathering lines directly related to oil or gas production and gathering operations; or
(9) storage tanks situated upon or above the floor surface in an underground area such as a basement, cellar, mineworking, drift, shaft, or tunnel.
Excludes, also, from such term any pipes connected to any tank described in such list of exclusions.
Defines "regulated substance" as:
(1) any substance defined under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA), but not including substances regulated as hazardous wastes under the Solid Waste Disposal Act; and
(2) petroleum, including crude oil or any fraction thereof which is liquid at specified standard conditions of temperature and pressure.
Defines "owner," "operator," "person," "release," and "nonoperational underground storage tank." Sets forth notification and certification requirements.
Requires owners of underground storage tanks to notify designated State or local agencies of specified information relating to such tanks, within 18 months of the enactment date of this Act. Requires owners of such tanks which were taken out of operation after January 1, 1974, to supply specified information within 18 months of such enactment date.
Requires owners that bring into use an underground storage tank after the initial notification to notify the designated State or local agency within 30 days.
Provides that such notification requirements shall not apply to tanks for which notice was given pursuant to specified provisions of CERCLA. Requires, beginning 30 days after the Administrator prescribes the form of notice and for 18 months thereafter, any person who deposits regulated substances in an underground storage tank to reasonably notify the owner or operator of such tank of the owner's notification requirements under this Act. Requires, beginning 30 days after the Administrator issues new tank performance standards, any person who sells a tank intended to be used for the storage, use, or dispensing of regulated substances to notify the purchaser of such tank of the owner's notification requirements.
Directs the Governor of each State, within 180 days of the enactment of this Act, to designate the appropriate State or local agencies to receive such notifications.
Directs the Administrator, within 12 months of such enactment date, in consultation with designated State and local officials and after notice and opportunity for public comment, to prescribe the form and content of such notifications.
Directs the Administrator, in issuing the form of such notice, to take into account the effect on small businesses and other owners and operators.
Sets forth provisions for release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks used for storing regulated substances, as may be necessary to protect human health and the environment.
Directs the Administrator to promulgate such regulations, after opportunity for public comment, and at least three months after specified effective dates.
Authorizes the Administrator, in promulgating such regulations, to distinguish between types, classes, and ages of underground storage tanks.
Sets forth some of the factors which may be taken into consideration in making such distinctions.
Requires that such regulations include requirements respecting:
(1) leak detection systems, inventory control systems with tank testing, or comparable systems or methods designed to identify releases in a manner consistent with the protection of human health and the environment;
(2) records of monitoring, testing, inventory, or detection systems;
(3) reporting releases and corrective actions;
(4) corrective actions in response to a release; and
(5) closure of tanks to prevent future releases.
Sets forth provisions for regulations relating to the financial responsibility of owners or operators of underground storage tanks.
Directs the Administrator to promulgate such regulations containing requirements for maintaining financial responsibility as the Administrator deems necessary and desirable for taking corrective action, and compensating third parties for bodily injury and property damage caused by sudden and nonsudden accidental releases arising from operating an underground storage tank.
Provides that specified means may be used to establish such financial responsibility.
Sets forth financial responsibility provisions relating to owners and operators in bankruptcy, reorganization, or other arrangements, and to the liability of guarantors.
Sets forth requirements for new tank performance standards.
Directs the Administrator to issue, not later than three months prior to their effective date, performance standards for underground storage tanks brought into use on or after the effective date of such standards.
Requires that such standards include design, construction, installation, release detection, and compatibility standards.
Sets forth deadlines for effective dates for regulations issued under this title.
Directs the Administrator to promulgate:
(1) new tank standards and program regulations for petroleum-type tanks within 30 months after enactment of this Act;
(2) new tank standards for remaining regulated substances within 36 months after such enactment; and
(3) program regulations for remaining regulated substances within 48 months after such enactment.
Prohibits, until the effective date of such regulations and after 180 days after the enactment of this Act, any person from installing an underground storage tank to store regulated substances unless such tank (whether of single or double wall construction):
(1) will prevent releases due to corrosion or structural failure for the operational life of the tank;
(2) is cathodically protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material or designed in a manner to prevent the release or threatened release of any stored substance; and
(3) the material used in the construction or lining of the tank is compatible with the substance to be stored.
Allows, during the period of such interim prohibition, a storage tank without corrosion protection to be installed in a location which is shown a soil resistivity at or above a specified level by soil tests conducted in accordance with specified standards.
Sets forth provisions relating to approval of State programs under this title by the Administrator. Sets forth provisions relating to inspections, monitoring, and testing.
Sets forth provisions for confidentiality of information, and criminal penalties for violations of such confidentiality.
Requires that all information reported to, or otherwise obtained by, the EPA under this title be made available, upon written request, to any duly authorized committee of the Congress. Sets forth provisions for Federal enforcement of requirements under this Act. Sets forth civil penalties for specified violations.
Makes requirements under this title applicable to Federal facilities.
Authorizes the President to grant exemptions from such requirements upon determination that it is in the paramount interest of the United States to do so.
Requires the President to report annually to Congress on such exemptions and the reasons for granting them.
Provides that nothing in this Act shall preclude or deny any State or local authority to regulate more stringently underground storage tanks used to store hazardous substances.
Directs the Administrator, within 12 months after the enactment of this Act, to complete a study of underground storage tanks used for the storage of petroleum, including crude oil or any fraction thereof which is liquid at specified standard conditions of temperature and pressure.
Directs the Administrator, within 36 months after such enactment, to complete a study of all other underground storage tanks.
Requires that such study include an assessment of specified factors.
Directs the Administrator, within 36 months after the enactment of this Act, to complete a study of the following underground storage tanks exempted under the definition of "underground storage tanks":
(1) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; and
(2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored.
Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment.
Directs the Administrator to report to the President and the Congress on the results of such studies, with recommendations as to whether or not such tanks should be subject to regulation under this Act. Directs the Administrator to reimburse any owner or operator (except a Federal, State, or local government agency) for any costs, including the loss of business opportunity, due to the closure or interruption of operation of an underground storage tank solely for the purposes of conducting such studies.
Requires that claims for such reimbursement be filed within 90 days after the closure or interruption.
Provides that such reimbursements shall be made from specified appropriations authorized under this Act. Refers to specified provisions of this Act which contain an authorization of appropriations for FY 1985 through 1988 to carry out this title's provisions for regulation of underground storage tanks.
Title VII - Other Provisions
Directs the Administrator, in cooperation with the States, to compile and submit to specified congressional committees not later than six months after the enactment of this Act, an inventory of all wells in the United States which inject hazardous wastes.
Requires that such inventory contain specified information, some of which can be obtained from currently existing State records and from site visits to at least 20 facilities containing wells which inject hazardous waste.
Directs the Administrator, under the Solid Waste Disposal Act, to conduct detailed, comprehensive studies of methods to extend the useful life of sanitary landfills and to better use sites in which filled or closed landfills are located.
Requires that such studies address specified topics.
Authorizes the Administrator to conduct demonstrations in such areas of study.
Directs the Administrator to periodically report on the results of such studies and to submit the first such report by October 1, 1986.
Provides that nothing in this Act shall be construed to affect, modify, or amend the Uranium Mill Tailings Radiation Control Act of 1978.
Establishes the National Ground Water Commission. Sets forth provisions relating to the Commission's duties, membership, Director and staff, experts and consultants, and powers.
Directs the Commission to report to the President and the Congress:
(1) within one year after enactment of this Act, the findings and conclusions of a preliminary study including an analysis of the extent of ground water contamination caused by hazardous and other solid waste, the regions and major water supplies most significantly affected by such contamination, and commission recommendations for preventive or remedial measures to protect human health and the environment from the effects of such contamination; and
(2) by October 30, 1986, final findings and conclusions of the continued study, with recommendations for appropriate legislation and administrative actions.
Terminates the Commission on January 1, 1987.
Authorizes appropriations for FY 1985 through 1987 for the Commission.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

Use the comment space below for discussion of the merits of H.R. 2867 (98th) with other GovTrack users.
Your comments are not read by Congressional staff.

comments powered by Disqus