I

103D CONGRESS

2D SESSION H. R. 4984

To amend the Solid Waste Disposal Act to regulate the use of hazardous

waste as fuel for energy recovery, the operation of cement kilns that

burn hazardous waste as fuel, the disposal of cement kiln dust waste,

and related activities.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 18, 1994

Ms. MARGOLIES-MEZVINSKY introduced the following bill; which was referred

to the Committee on Energy and Commerce

A BILL

To amend the Solid Waste Disposal Act to regulate the

use of hazardous waste as fuel for energy recovery, the

operation of cement kilns that burn hazardous waste

as fuel, the disposal of cement kiln dust waste, and

related activities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; REFERENCES.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Uniform Hazardous Waste Treatment Act of 1994’’.

6 (b) REFERENCES TO THE SOLID WASTE DISPOSAL

7 ACT.—Whenever in this Act an amendment or repeal is
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1 expressed in terms of an amendment to, or repeal of, a

2 section or other provision, the reference shall be consid3 ered to be made to a section or other provision of the Solid

4 Waste Disposal Act (42 U.S.C. 6901 et seq.).

5 SEC. 2. FINDINGS.

6 The Congress finds the following:

7 (1) Cement kilns produce cement kiln dust that

8 has caused and, if not properly controlled, will con9 tinue to cause contamination of air, soil, and surface

10 and ground water, and that present unacceptable

11 hazards to human health and the environment.

12 (2) Cement kiln dust and cement products pro13 duced from kilns that burn hazardous waste contain

14 concentrations of heavy metals, particularly lead, at

15 levels significantly higher than that produced in ce16 ment kilns that do not burn hazardous waste.

17 (3) Widespread burning of hazardous wastes in

18 cement kilns under current regulations discourages

19 preferable forms of recycling, reclamation, and

20 reuse.

21 (4) Existing statutes and regulations are inad22 equate to effectively monitor and control the hazards

23 to human health and the environment posed by ce24 ment kilns.
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1 (5) Current regulations permit cement kilns to

2 burn fuel comprised of hazardous waste materials

3 with little or no fuel value blended with other mate4 rials and wastes.

5 (6) The public has not had adequate notice and

6 opportunity to comment on the increasingly large

7 quantities of hazardous wastes that cement kilns are

8 burning.

9 (7) Current regulation of cement kilns fosters

10 continued use of cement kilns that maximize envi11 ronmental pollution and discourages introduction of

12 less polluting cement-making technologies that are

13 currently available.

14 SEC. 3. SPECIFICATIONS FOR HAZARDOUS WASTE FUELS

15 BURNED IN COMBUSTION UNITS.

16 (a) IN GENERAL.—Section 3004(q) of the Solid

17 Waste Disposal Act is amended by adding at the end the

18 following new paragraph:

19 ‘‘(3)(A) Facilities that burn fuel for purposes of en20 ergy recovery shall not burn fuel containing any quantity

21 of hazardous waste identified or listed pursuant to section

22 3001, unless such fuel is conforming hazardous waste fuel.

23 ‘‘(B) Within 12 months of the date of the enactment

24 of this subparagraph, the Administrator shall promulgate

25 quantitative specifications for conforming hazardous waste
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1 fuel to ensure that fuel containing hazardous waste is

2 burned to recover useful energy, and that conforming haz3 ardous waste fuel has physical, chemical, thermal and en4 ergy-related properties equivalent to standard fuels such

5 as coal and oil. Such specifications shall include at a mini6 mum:

7 ‘‘(i) British thermal unit (BTU) content.

8 ‘‘(ii) Metals content.

9 ‘‘(iii) Chlorinated hydrocarbon content.

10 ‘‘(iv) Sulfur content.

11 ‘‘(v) Halogens content.

12 ‘‘(vi) Hazardous waste content of the fuel suffi13 cient to ensure complete combustion of the hazard14 ous waste components of the fuel, to limit the ash

15 content of the combustion residue, and to minimize

16 the amount of ash contained in cement kiln dust and

17 clinker.’’.

18 (b) DEFINITION.—Section 1004 is amended by add19 ing at the end the following new paragraph:

20 ‘‘(42) The term ‘conforming hazardous waste fuel’

21 means any fuel to be burned in a facility which burns fuel

22 for purposes of energy recovery that contains any amount

23 of hazardous waste and meets the specifications estab24 lished under section 3004(q)(3)(B), except that the fuel

25 does not contain any hazardous waste component that
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1 does not meet the specifications when that component first

2 becomes subject to regulation under this subchapter.’’.

3 SEC. 4. CEMENT KILN DUST DISPOSAL.

4 Section 3004(q), as amended by section 3(a) is fur5 ther amended by adding at the end the following new para6 graph:

7 ‘‘(4)(A) Notwithstanding the provisions of section

8 3001(b)(3)(A), cement kiln dust shall be disposed of only

9 at facilities and only in units that meet the performance

10 standards promulgated by the Administrator pursuant to

11 subsection (a) of this section and the minimum techno12 logical requirements promulgated by the Administrator

13 pursuant to subsection (o) of this section. The Administra14 tor’s authorization to modify certain subchapter C require15 ments pursuant to subsection (x) of this section, insofar

16 as it relates to the regulation of cement kiln dust, shall

17 not extend to cement kiln dust produced in a cement kiln

18 that burns conforming hazardous waste fuel.

19 ‘‘(B) Standards applicable to the land disposal of ce20 ment kiln dust produced in a cement kiln that burns con21 forming hazardous waste fuel pursuant to this paragraph

22 shall be not less stringent than the standards in effect as

23 of the date of the enactment of this subparagraph for

24 landfills, waste piles or land farms regulated under this

25 subchapter.
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1 ‘‘(C) Cement kiln dust produced in a cement kiln that

2 burns conforming hazardous waste fuel is subject to any

3 land disposal treatment standards promulgated by the Ad4 ministrator pursuant to subsection (m) of this section ap5 plicable to the particular hazardous waste contained in the

6 conforming hazardous waste fuel.’’.

7 SEC. 5. CEMENT KILN DESIGN AND OPERATING STAND8 ARDS.

9 Section 3004(q), as amended by section 4, is further

10 amended by adding at the end the following new para11 graph:

12 ‘‘(5)(A) Not later than 12 months after the date of

13 the enactment of this subparagraph, the Administrator

14 shall promulgate regulations establishing such standards

15 for design and operation of cement kilns that burn con16 forming hazardous waste fuel as may be necessary to pro17 tect human health and the environment, including stand18 ards for, at a minimum, the following:

19 ‘‘(i) The design and construction of a new or

20 modified cement kiln that burns conforming hazard21 ous waste fuel.

22 ‘‘(ii) The handling, storage and combustion of

23 conforming hazardous waste fuel pursuant to protec24 tive operating methods, techniques and practices.
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1 ‘‘(iii) Contingency plans to anticipate and mini2 mize foreseeable potential hazards associated with

3 the transportation, storage and combustion of con4 forming hazardous waste fuel, including damage

5 from accidental spills, leaks, discharges, emissions,

6 or other releases into the environment of conforming

7 hazardous waste fuel. Each such contingency plan

8 shall take into consideration the location of the kiln,

9 and its proximity to population centers, wetlands,

10 and waters of the United States.

11 ‘‘(B) For purposes of this paragraph, the term ‘modi12 fied cement kiln’ includes the following alterations to a

13 cement kiln that, as of the date of the enactment of this

14 subparagraph, burns conforming hazardous waste fuel:

15 ‘‘(i) The addition of a kiln.

16 ‘‘(ii) The addition of a new waste feed process.

17 ‘‘(iii) Any other alteration of a cement kiln or

18 cement kiln facility that would require modification

19 of a permit issued pursuant to section 3005.’’.

20 SEC. 6. AIR EMISSIONS FROM CEMENT KILNS.

21 Section 3004(n) is amended—

22 (1) by inserting ‘‘(1)’’ before ‘‘Not later than

23 thirty months’’; and

24 (2) by adding at the end the following:
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1 ‘‘(2) Not later than 12 months after the date of the

2 enactment of this paragraph, the Administrator shall pro3 mulgate regulations establishing standards for the control

4 of emissions of cement kiln dust from cement kilns. Such

5 standards shall address emissions from—

6 ‘‘(A) operation of a cement kiln;

7 ‘‘(B) removal of cement kiln dust from emission

8 control equipment;

9 ‘‘(C) cement kiln dust handling, interim stor10 age, transportation to and deposition in a landfill,

11 and long-term disposal; and

12 ‘‘(D) the clinker grinding process.

13 ‘‘(3) Not later than 18 months after the date of the

14 enactment of this paragraph, the Administrator shall pro15 mulgate regulations to control emissions of metals from

16 all units that burn hazardous waste, including combustion

17 units regulated under subsection (q) of this section and

18 incinerators, to the extent necessary to protect human

19 health and the environment. Such regulations shall include

20 standards for—

21 ‘‘(A) minimum removal efficiency;

22 ‘‘(B) emission limitation for total metals, except

23 mercury;

24 ‘‘(C) emission limitation for carcinogenic met25 als; and
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1 ‘‘(D) emission limitation for mercury.

2 ‘‘(4) Not later than 12 months after the date of the

3 enactment of this paragraph, the Administrator shall pro4 mulgate regulations establishing standards for the control

5 of stack emissions from cement kilns. In the case of ce6 ment kilns that burn conforming hazardous waste fuel,

7 such standards shall be at least as stringent as those in

8 effect as of the date of the enactment of this paragraph

9 for other combustion units that burn hazardous waste.’’.

10 SEC. 7. PERMIT REQUIREMENTS.

11 (a) IN GENERAL.—Section 3005(b) is amended—

12 (1) by inserting ‘‘(1)’’ before ‘‘Each application

13 for a permit’’;

14 (2) in paragraph (1), as so designated—

15 (A) by striking ‘‘(1) estimates’’ and insert16 ing ‘‘(A) estimates’’; and

17 (B) by striking ‘‘(2) the site’’ and inserting

18 ‘‘(B) the site’’; and

19 (3) by adding at the end the following:

20 ‘‘(2) Not later than 180 days after the date of the

21 enactment of this paragraph, the Administrator shall pro22 mulgate regulations providing procedures or permit appli23 cation and requirements for information to be included in

24 permit applications for cement kilns that burn conforming

25 hazardous waste fuel.
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1 ‘‘(3)(A) Not later than 12 months after the date of

2 the enactment of this subparagraph, each person referred

3 to in subparagraph (B) shall submit an application for a

4 permit to the Administrator in accordance with the regula5 tions promulgated pursuant to paragraph (1) (with regard

6 to landfills) or paragraph (2) (with regard to cement

7 kilns).

8 ‘‘(B) A person referred to in subparagraph (A) is a

9 person owning or operating—

10 ‘‘(i) a cement kiln that burns conforming haz11 ardous waste fuel; or

12 ‘‘(ii) a landfill used for the disposal of cement

13 kiln dust from a cement kiln that burns conforming

14 hazardous waste fuel that has not obtained a permit

15 under this section.’’.

16 (b) ISSUANCE OF FINAL PERMIT.—Section 3005(c)

17 is amended—

18 (1) by redesignating paragraph (3) as para19 graph (4); and

20 (2) by inserting after paragraph (2) the follow21 ing new paragraph (3):

22 ‘‘(3) Not later than 2 years after the date of the en23 actment of this paragraph, the Administrator shall issue

24 a final permit pursuant to each application submitted
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1 under subsection (b)(3) of this section or shall issue a final

2 denial of the permit application.’’.

3 (c) TERMINATION OF INTERIM STATUS.—Section

4 3005(e) is amended by adding at the end the following

5 new paragraphs:

6 ‘‘(4)(A) In the case of each cement kiln that burns

7 conforming hazardous waste fuel which is in existence as

8 of the date of the enactment of this paragraph, interim

9 status shall terminate 12 months following such date un10 less the owner or operator of such facility—

11 ‘‘(i) certifies compliance with applicable require12 ments of section 3004(q); and

13 ‘‘(ii) submits a complete permit application in

14 accordance with the requirements of subsection (b)

15 of this section.

16 ‘‘(B) In the case of each landfill used for the disposal

17 of cement kiln dust from a cement kiln that burns con18 forming hazardous waste fuel which is in existence as of

19 the date of the enactment of this subparagraph, interim

20 status shall terminate 12 months following such date un21 less the owner or operator of such landfill—

22 ‘‘(i) certifies compliance with applicable require23 ments of subsections (a), (o), and (q) of section

24 3004; and
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1 ‘‘(ii) submits a complete permit application in

2 accordance with the requirements of subsection (b)

3 of this section.

4 ‘‘(C) Interim status shall terminate 24 months after

5 the date of the enactment of this subparagraph for—

6 ‘‘(i) cement kilns burning conforming hazardous

7 waste fuel that comply with the requirements of

8 paragraph (4)(A); and

9 ‘‘(ii) landfills receiving cement kiln dust from

10 cement kilns burning conforming hazardous waste

11 fuel that comply with the requirements of paragraph

12 (4)(B).’’.

13 SEC. 8. MONITORING AND RECORDKEEPING.

14 Section 3004(q), as amended by section 5, is further

15 amended by adding at the end the following new para16 graph:

17 ‘‘(6) Not later than 12 months after the date of the

18 enactment of this paragraph, the Administrator shall pro19 mulgate such monitoring and recordkeeping requirements

20 applicable to owners and operators of combustion units

21 that burn conforming hazardous waste fuel as the Admin22 istrator determines are necessary to ensure compliance

23 with the requirements of this section. Such monitoring and

24 recordkeeping requirements shall include, at a minimum,
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1 a requirement that owners or operators of combustion

2 units that burn conforming hazardous waste fuel—

3 ‘‘(A) test the fuel feed stream on a batch basis

4 and obtain certified information on fuel composition

5 from the fuel blender or hazardous waste generator;

6 and

7 ‘‘(B) maintain records for 5 years that specify

8 source, date, quantity, and composition of all con9 forming hazardous waste fuel burned in a combus10 tion unit.’’.

11 SEC. 9. PERSONNEL TRAINING REQUIREMENTS.

12 Section 3004(q), as amended by section 8, is further

13 amended by adding at the end the following new para14 graph:

15 ‘‘(7) Not later than 12 months after the date of the

16 enactment of this paragraph, the Administrator shall pro17 mulgate regulations, consistent with the Administrator’s

18 authority under subsection (a) of this section, that provide

19 requirements for training of personnel to—

20 ‘‘(A) operate cement kilns that burn conforming

21 hazardous waste fuel; and

22 ‘‘(B) operate landfills used for disposal of ce23 ment kiln dust from cement kilns that burn con24 forming hazardous waste fuel.’’.
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1 SEC. 10. FUEL PROCESSORS.

2 Section 3004(q), as amended by section 9, is further

3 amended by adding at the end the following new para4 graph:

5 ‘‘(8) Not later than 12 months after the date of the

6 enactment of this paragraph, the Administrator shall pro7 mulgate such regulations establishing standards applicable

8 to the owners and operators of facilities which produce a

9 fuel from any hazardous waste identified or listed under

10 section 3001, or from any hazardous waste identified or

11 listed under section 3001 and any other material, as may

12 be necessary to protect human health and the environ13 ment. Such standards shall include requirements that are

14 at least as stringent as the specifications for conforming

15 hazardous waste fuel promulgated pursuant to paragraph

16 (3) of this subsection.’’.

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