Brownfields Remediation Waste Act

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfields Remediation Waste Act''.

SEC. 2. REMEDIATION WASTE MANAGEMENT.

    (a) In General.--Section 3004 of the Solid Waste Disposal Act is 
amended by adding the following new subsection at the end thereof:
    ``(z) Remediation Waste Management.--
            ``(1) Definition.--As used in this subsection, the term 
        `remediation waste' means all solid and hazardous wastes, and 
        all media (including groundwater, surface water, soils, and 
        sediments) and debris that contain listed hazardous wastes or 
        that themselves exhibit a hazardous characteristic and are 
        managed for implementing cleanup.
            ``(2) Coverage of subsection.--Nothing in this subsection 
        shall apply to any solid waste that is not regulated under 
        other provisions of this subtitle.
            ``(3) Alternative requirements.--As provided in this 
        subsection the Administrator may provide alternative 
        requirements for management of remediation waste in lieu of 
        restrictions under this section or subsections (a) through (e) 
        of section 3005 where appropriate. Such alternative 
        requirements shall be protective of human health and the 
        environment and shall, to the extent feasible, remove 
        disincentives to remediation, streamline regulation, and 
        achieve greater flexibility for State remediation programs. The 
        Administrator may not use the authority of this paragraph to 
        remove or diminish any existing waiver, variance, or exemption 
        from otherwise applicable restrictions on the management of 
        remediation waste.
            ``(4) EPA rules.--The rules promulgated by the 
        Administrator on November 30, 1998 (63 FR 65874) and on 
        February 16, 1993 (58 FR 8658), as modified on November 30, 
        1998, shall be deemed to satisfy the requirements of paragraph 
        (3) of this subsection and shall remain in effect unless the 
        Administrator takes action under this subsection to modify such 
        rules. The Administrator shall not publish any proposal to 
        modify the rules referred to in this paragraph before 
        submitting a Report to Congress identifying problems associated 
        with the implementation of such rules. Any such report shall be 
        prepared in consultation with State Governors and after notice 
        and opportunity for public comment on a draft report.
            ``(5) Land disposal.--Notwithstanding any other provision 
        of this subtitle or any rules adopted pursuant to this 
        subtitle, placement of remediation waste in temporary units, 
        staging piles, or corrective action management units designated 
        under Federal or State authorities shall not be deemed to be 
        engaging in land disposal (as defined in section 3004(k)) and 
        shall not be subject to requirements under section 3004(d), 
        (e), (f), (g), (m), (o)(1)(A), or (o)(2) through (7).
            ``(6) Additional flexibility and clarification.--
        Notwithstanding the rules referred to in paragraph (4), and 
        where appropriate and protective of human health and the 
        environment--
                    ``(A) temporary units and staging piles may also be 
                designated at another location owned or operated by a 
                person engaged in remediation at the first location to 
                facilitate consolidated management of wastes;
            ``(B) corrective action management units at one remediation 
        waste management site may be designated to receive remediation 
        waste from another remediation waste management site; and
            ``(C) a staging pile may be designated and allow for mixing 
        or blending for the primary purposes of consolidation or 
        enhancement of subsequent waste management.
            ``(7) Authorization for remediation waste management 
        activities.--
                    ``(A) Authorization mechanisms.--Notwithstanding 
                any other provision of this subtitle, remediation waste 
                management units or activities may be authorized 
                through permits, interim status, orders, or other 
                authorization available under this subtitle, subject to 
                the applicable requirements of this subtitle. Where 
                other provisions of Federal or State law waive the 
                requirement for permits or interim status, remediation 
                waste management activities or units are authorized 
                under this paragraph.
                    ``(B) Effect of authorization.--No authorization, 
                application for authorization, or activity authorized 
                under this paragraph for remediation waste management 
                shall itself subject a person to the requirements of 
                section 3004(u), 3004(v) or section 3008(h).''.
    (b) Alternative State Remediation Waste Programs.--Section 3006 of 
the Solid Waste Disposal Act is amended by adding the following at the 
end thereof:
    ``(i) Alternative State Remediation Waste Programs.--
            ``(1) State submission.--
                    ``(A) Submission.--(i) At any time after the 
                enactment of this subsection, a State or State agency 
                may administer and enforce a program for management of 
                remediation waste pursuant to a program authorized 
under subsection (b) or (c) or under a program authorized under this 
subsection.
                    ``(ii) A State or State agency may submit to the 
                Administrator a demonstration, supported by such 
                documentation as the State considers to be appropriate, 
                that the State has an effective State program for the 
                management of remediation wastes under this subsection 
                which includes each of the following:
                            ``(I) Statutory and regulatory authority to 
                        control the management of remediation wastes 
                        from generation to disposal in a manner that 
                        protects human health and the environment.
                            ``(II) Resources in place to administer and 
                        enforce those authorities.
                            ``(III) Procedures to ensure public notice 
                        and opportunity for comment as appropriate.
                    ``(B) Determination of approval.--
                            ``(i) In general.--Not later than 12 months 
                        after the date on which a State submits to the 
                        Administrator a demonstration under 
                        subparagraph (A), after public notice and 
                        opportunity for comment, the Administrator 
                        shall issue to the State and publish in the 
                        Federal Register a determination that--
                                    ``(I) the demonstration meets all 
                                of the criteria in subparagraph (A), 
                                and the State program is finally 
                                authorized under this subsection; or
                                    ``(II) the demonstration fails to 
                                meet one or more of the criteria stated 
                                in subparagraph (A), stating with 
                                particularity the elements of the State 
                                program that are considered to be 
                                deficient.
                            ``(ii) Untimely review.--If the 
                        Administrator does not issue a determination 
                        under clause (i) within 18 months after the 
                        date on which a State submits to the 
                        Administrator a demonstration under 
                        subparagraph (A), the demonstration shall be 
                        considered to meet all of the criteria stated 
                        in subparagraph (A), and the State program 
                        shall be treated as finally authorized under 
                        this subsection.
            ``(2) Effect of authorization of state program.--Upon 
        authorization of a State remediation waste management program 
        under this subsection, such State may to carry out such program 
        in lieu of the Federal program under this subtitle in such 
        State unless such authorization is withdrawn as provided in 
        subsection (e).''.

Summary: Brownfields Remediation Waste Act - Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to provide alternative requirements for management of remediation waste in lieu of restrictions under the Act or this Act. Defines remediation waste as all solid and hazardous wastes and all media and debris that contain listed hazardous wastes or that themselves exhibit a hazardous characteristic and are managed for implementing cleanup. Provides that such requirements shall be protective of health and the environment and remove disincentives to remediation, streamline regulation, and achieve greater flexibility for State remediation programs. Deems specified rules regarding hazardous remediation waste management promulgated by the Administrator on November 30, 1998, to be alternative requirements and to remain in effect unless the Administrator takes action to modify such rules. Prohibits the Administrator from publishing any proposal to modify such rules before reporting to Congress on problems associated with their implementation. Provides that placement of remediation waste in temporary units, staging piles, or corrective action management units designated under Federal or State authorities shall not be deemed to be engaging in land disposal and shall not be subject to specified requirements under the Act regarding hazardous waste management. Authorizes, notwithstanding the rules of November 30, 1998, and where protective of health and environment, the designation of: (1) temporary units and staging piles at another location owned or operated by a person engaged in remediation at the first location to facilitate consolidated waste management. (2) corrective action management units at one remediation waste management site to receive remediation waste from another such site. And (3) a staging pile to allow for mixing or blending for the primary purposes of subsequent waste consolidation or enhancement. Allows remediation waste management units or activities to be authorized through permits, interim status, orders, or other authorization available under the Act. Permits States to administer and enforce remediation waste management programs pursuant to programs authorized under the Act or this Act. Sets forth required elements of such programs. Authorizes States with approved programs to carry out such programs in lieu of the Federal program.