I
106TH CONGRESS
1ST SESSION
H. R. 2718
To amend the Solid Waste Disposal Act to provide for the management
of remediation waste at Brownfields and other remediation sites.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 5, 1999
Mr. OXLEY (for himself and Mr. TOWNS) introduced the following bill; which
was referred to the Committee on Commerce
A BILL
To amend the Solid Waste Disposal Act to provide for the
management of remediation waste at Brownfields and
other remediation sites.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Brownfields Remedi-
ation 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 sub-
section 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 ground-
water, surface water, soils, and sediments) and de-
bris 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 pro-
vided in this subsection the Administrator may pro-
vide alternative requirements for management of re-
mediation waste in lieu of restrictions under this
section or subsections (a) through (e) of section
3005 where appropriate. Such alternative require-
ments 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 au-
thority of this paragraph to remove or diminish any
existing waiver, variance, or exemption from other-
wise 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 Ad-
ministrator takes action under this subsection to
modify such rules. The Administrator shall not pub-
lish any proposal to modify the rules referred to in
this paragraph before submitting a Report to Con-
gress identifying problems associated with the imple-
mentation 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 engag-
ing in land disposal (as defined in section 3004(k))
and shall not be subject to requirements under sec-
tion 3004(d), (e), (f), (g), (m), (o)(1)(A), or (o)(2)
through (7).
‘‘(6) ADDITIONAL FLEXIBILITY AND CLARIFICA-
TION.—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 re-
mediation at the first location to facilitate con-
solidated management of wastes;
‘‘(B) corrective action management units at one
remediation waste management site may be des-
ignated 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.—Not-
withstanding any other provision of this sub-
title, remediation waste management units or
activities may be authorized through permits,
interim status, orders, or other authorization
available under this subtitle, subject to the ap-
plicable 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 re-
mediation 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 pro-
gram for management of remediation waste
pursuant to a program authorized under sub-
section (b) or (c) or under a program author-
ized under this subsection.
‘‘(ii) A State or State agency may submit
to the Administrator a demonstration, sup-
ported by such documentation as the State con-
siders 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 author-
ity to control the management of remedi-
ation 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 no-
tice and opportunity for comment as ap-
propriate.
‘‘(B) DETERMINATION OF APPROVAL.—
‘‘(i) IN GENERAL.—Not later than 12
months after the date on which a State
submits to the Administrator a demonstra-
tion under subparagraph (A), after public
notice and opportunity for comment, the
Administrator shall issue to the State and
publish in the Federal Register a deter-
mination that—
‘‘(I) the demonstration meets all
of the criteria in subparagraph (A),
and the State program is finally au-
thorized under this subsection; or
‘‘(II) the demonstration fails to
meet one or more of the criteria stat-
ed in subparagraph (A), stating with
particularity the elements of the State
program that are considered to be de-
ficient.
‘‘(ii) UNTIMELY REVIEW.—If the Ad-
ministrator does not issue a determination
under clause (i) within 18 months after the
date on which a State submits to the Ad-
ministrator a demonstration under sub-
paragraph (A), the demonstration shall be
considered to meet all of the criteria stated
in subparagraph (A), and the State pro-
gram shall be treated as finally authorized
under this subsection.
‘‘(2) EFFECT
OF
AUTHORIZATION
OF
STATE
PROGRAM.—Upon authorization of a State remedi-
ation waste management program under this sub-
section, 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).’’.
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