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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Uniform Hazardous Waste Treatment Act of 1994’’.
(b) REFERENCES TO THE SOLID WASTE DISPOSAL
ACT.—Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Cement kilns produce cement kiln dust that
has caused and, if not properly controlled, will con-
tinue to cause contamination of air, soil, and surface
and ground water, and that present unacceptable
hazards to human health and the environment.
(2) Cement kiln dust and cement products pro-
duced from kilns that burn hazardous waste contain
concentrations of heavy metals, particularly lead, at
levels significantly higher than that produced in ce-
ment kilns that do not burn hazardous waste.
(3) Widespread burning of hazardous wastes in
cement kilns under current regulations discourages
preferable forms of recycling, reclamation, and
reuse.
(4) Existing statutes and regulations are inad-
equate to effectively monitor and control the hazards
to human health and the environment posed by ce-
ment kilns.
(5) Current regulations permit cement kilns to
burn fuel comprised of hazardous waste materials
with little or no fuel value blended with other mate-
rials and wastes.
(6) The public has not had adequate notice and
opportunity to comment on the increasingly large
quantities of hazardous wastes that cement kilns are
burning.
(7) Current regulation of cement kilns fosters
continued use of cement kilns that maximize envi-
ronmental pollution and discourages introduction of
less polluting cement-making technologies that are
currently available.
SEC. 3. SPECIFICATIONS FOR HAZARDOUS WASTE FUELS
BURNED IN COMBUSTION UNITS.
(a) IN GENERAL.—Section 3004(q) of the Solid
Waste Disposal Act is amended by adding at the end the
following new paragraph:
‘‘(3)(A) Facilities that burn fuel for purposes of en-
ergy recovery shall not burn fuel containing any quantity
of hazardous waste identified or listed pursuant to section
3001, unless such fuel is conforming hazardous waste fuel.
‘‘(B) Within 12 months of the date of the enactment
of this subparagraph, the Administrator shall promulgate
quantitative specifications for conforming hazardous waste
does not meet the specifications when that component first
becomes subject to regulation under this subchapter.’’.
SEC. 4. CEMENT KILN DUST DISPOSAL.
Section 3004(q), as amended by section 3(a) is fur-
ther amended by adding at the end the following new para-
graph:
‘‘(4)(A) Notwithstanding the provisions of section
3001(b)(3)(A), cement kiln dust shall be disposed of only
at facilities and only in units that meet the performance
standards promulgated by the Administrator pursuant to
subsection (a) of this section and the minimum techno-
logical requirements promulgated by the Administrator
pursuant to subsection (o) of this section. The Administra-
tor’s authorization to modify certain subchapter C require-
ments pursuant to subsection (x) of this section, insofar
as it relates to the regulation of cement kiln dust, shall
not extend to cement kiln dust produced in a cement kiln
that burns conforming hazardous waste fuel.
‘‘(B) Standards applicable to the land disposal of ce-
ment kiln dust produced in a cement kiln that burns con-
forming hazardous waste fuel pursuant to this paragraph
shall be not less stringent than the standards in effect as
of the date of the enactment of this subparagraph for
landfills, waste piles or land farms regulated under this
subchapter.
‘‘(C) Cement kiln dust produced in a cement kiln that
burns conforming hazardous waste fuel is subject to any
land disposal treatment standards promulgated by the Ad-
ministrator pursuant to subsection (m) of this section ap-
plicable to the particular hazardous waste contained in the
conforming hazardous waste fuel.’’.
SEC. 5. CEMENT KILN DESIGN AND OPERATING STAND-
ARDS.
Section 3004(q), as amended by section 4, is further
amended by adding at the end the following new para-
graph:
‘‘(5)(A) Not later than 12 months after the date of
the enactment of this subparagraph, the Administrator
shall promulgate regulations establishing such standards
for design and operation of cement kilns that burn con-
forming hazardous waste fuel as may be necessary to pro-
tect human health and the environment, including stand-
ards for, at a minimum, the following:
‘‘(i) The design and construction of a new or
modified cement kiln that burns conforming hazard-
ous waste fuel.
‘‘(ii) The handling, storage and combustion of
conforming hazardous waste fuel pursuant to protec-
tive operating methods, techniques and practices.
‘‘(iii) Contingency plans to anticipate and mini-
mize foreseeable potential hazards associated with
the transportation, storage and combustion of con-
forming hazardous waste fuel, including damage
from accidental spills, leaks, discharges, emissions,
or other releases into the environment of conforming
hazardous waste fuel. Each such contingency plan
shall take into consideration the location of the kiln,
and its proximity to population centers, wetlands,
and waters of the United States.
‘‘(B) For purposes of this paragraph, the term ‘modi-
fied cement kiln’ includes the following alterations to a
cement kiln that, as of the date of the enactment of this
subparagraph, burns conforming hazardous waste fuel:
‘‘(i) The addition of a kiln.
‘‘(ii) The addition of a new waste feed process.
‘‘(iii) Any other alteration of a cement kiln or
cement kiln facility that would require modification
of a permit issued pursuant to section 3005.’’.
SEC. 6. AIR EMISSIONS FROM CEMENT KILNS.
Section 3004(n) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Not later than
thirty months’’; and
(2) by adding at the end the following:
‘‘(2) Not later than 12 months after the date of the
enactment of this paragraph, the Administrator shall pro-
mulgate regulations establishing standards for the control
of emissions of cement kiln dust from cement kilns. Such
standards shall address emissions from—
‘‘(A) operation of a cement kiln;
‘‘(B) removal of cement kiln dust from emission
control equipment;
‘‘(C) cement kiln dust handling, interim stor-
age, transportation to and deposition in a landfill,
and long-term disposal; and
‘‘(D) the clinker grinding process.
‘‘(3) Not later than 18 months after the date of the
enactment of this paragraph, the Administrator shall pro-
mulgate regulations to control emissions of metals from
all units that burn hazardous waste, including combustion
units regulated under subsection (q) of this section and
incinerators, to the extent necessary to protect human
health and the environment. Such regulations shall include
standards for—
‘‘(A) minimum removal efficiency;
‘‘(B) emission limitation for total metals, except
mercury;
‘‘(C) emission limitation for carcinogenic met-
als; and
‘‘(D) emission limitation for mercury.
‘‘(4) Not later than 12 months after the date of the
enactment of this paragraph, the Administrator shall pro-
mulgate regulations establishing standards for the control
of stack emissions from cement kilns. In the case of ce-
ment kilns that burn conforming hazardous waste fuel,
such standards shall be at least as stringent as those in
effect as of the date of the enactment of this paragraph
for other combustion units that burn hazardous waste.’’.
SEC. 7. PERMIT REQUIREMENTS.
(a) IN GENERAL.—Section 3005(b) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Each application
for a permit’’;
(2) in paragraph (1), as so designated—
(A) by striking ‘‘(1) estimates’’ and insert-
ing ‘‘(A) estimates’’; and
(B) by striking ‘‘(2) the site’’ and inserting
‘‘(B) the site’’; and
(3) by adding at the end the following:
‘‘(2) Not later than 180 days after the date of the
enactment of this paragraph, the Administrator shall pro-
mulgate regulations providing procedures or permit appli-
cation and requirements for information to be included in
permit applications for cement kilns that burn conforming
hazardous waste fuel.
‘‘(3)(A) Not later than 12 months after the date of
the enactment of this subparagraph, each person referred
to in subparagraph (B) shall submit an application for a
permit to the Administrator in accordance with the regula-
tions promulgated pursuant to paragraph (1) (with regard
to landfills) or paragraph (2) (with regard to cement
kilns).
‘‘(B) A person referred to in subparagraph (A) is a
person owning or operating—
‘‘(i) a cement kiln that burns conforming haz-
ardous waste fuel; or
‘‘(ii) a landfill used for the disposal of cement
kiln dust from a cement kiln that burns conforming
hazardous waste fuel that has not obtained a permit
under this section.’’.
(b) ISSUANCE OF FINAL PERMIT.—Section 3005(c)
is amended—
(1) by redesignating paragraph (3) as para-
graph (4); and
(2) by inserting after paragraph (2) the follow-
ing new paragraph (3):
‘‘(3) Not later than 2 years after the date of the en-
actment of this paragraph, the Administrator shall issue
a final permit pursuant to each application submitted