PUBLIC LAW 102-386
102d Congress
OCT. 6, 1992
AN ACT, To amend the Solid Waste Disposal Act to
clarify provisions concerning the application of certain
requirement and sanctions to Federal facilities.
Be it enacted by the Senate and House of
Representatives of the United States of America in
Congress assembled,
TITLE I FEDERAL FACILITY COMPLIANCE ACT
SEC. 101. SHORT TITLE
This title may be cited as the Federal Facility
Compliance Act of 1992".
SEC. 102. APPLICATION OF CERTAIN PROVISIONS TO
FEDERAL FACILITIES
(a) IN GENERAL - Section 6001 of the
Solid Waste Disposal Act (42 U.S.C. 6961) is amended
(1) by inserting i (a) IN GENERAL. " after
~6001.";
(2) in the first sentence, by inserting "and
management" before "in the same manner";
(3) by inserting after the first sentence the
following:
The Federal, State, interstate, and local substantive
and procedural requirements referred to in this
subsection include, but are not limited to, all
administrative orders and all civil and administrative
penalties and fines, regardless of whethersuch penalties
or fines are punitive or coercive in nature or are
imposed for isolated, intermittent, or continuing
violations. The United States hereby expressly waives any
immunity otherwise applicable to the United States with
respect to any such substantive or procedural requirement
(including, but not limited to, any injunctive relief,
administrative order or civil or administrative penalty
or fine referred to in the preceding sentence, or
reasonable service charge). The reasonable service
charges referred to in this sub-section include, but are
not limited to, fees or charges assessed in connection
with the processing and issuance of permits, renewal of
permits, amendments to permits, review of plans, studies,
and other documents, and inspection and monitoring of
facilities, as well as any other nondiscriminatory
charges that are assessed in connection with a Federal,
State, interstate, or local solid waste or hazardous
waste regulatory program."; and
(4) by inserting after the second sentence the
following: "No agent, employee, or officer of the
United States shall be personally liable for any civil
penalty under any Federal, State, interstate, or local
solid or hazardous waste flaw with respect to any act or
omission within the scope of the official duties of the
agent, employee, or officer. An agent, employee, or
officer of the United States shall be subject to any
criminal sanction (including, but not limited to, any
fine or imprisonment) under any Federal or State solid or
hazardous waste law, but no department, agency, or
instrumentality of the executive, legislative, or
judicial branch of the Federal Government shall be
subject to any such sanction.".
(b) ADMINISTRATIVE ENFORCEMENT ACTIONS.
Such section is further amended by adding at the end the
following new subsections:
"(b) ADMINISTRATIVE ENFORCEMENT ACTIONS-(1)
The Administrator may commence an administrative
enforcement action against any department, agency, or
instrumentality of the executive, legislative, or
judicial branch of the Federal Government pursuant to the
enforcement authorities contained in this Act. The
Administrator shall initiate an administrative
enforcement action against such a department, agency, or
instrumentality in the same manner and under the same
circumstances as an action would be initiated against
another person. Any voluntary resolution or settlement of
such an action shall be set forth in a consent order.
"(2) No administrative order issued to such a
department, agency, or instrumentality shall become final
until such department, agency, or instrumentality has had
the opportunity to confer with the Administrator.
"(c) LIMITATION ON STATE USE OF FUNDS
COLLECTED FROM FEDERAL GOVERNMENT. Unless a
State law in effect on the date of the enactment of the
Federal Facility Compliance Act of 1992 or a State
constitution requires the funds to be used in a different
manner, all funds collected by a State from the Federal
Government from penalties and fines imposed for violation
of any substantive or procedural requirement referred to
in subsection
(a) shall be used by the State only for projects
designed to improve or protect the environment or to
defray the costs of environmental protection or
enforcement.".
(c) EFFECTIVE DATES.
(1) IN GENERAL. Except as otherwise
provided in paragraphs (2) and (3), the amendments made
by subsection ta) shall take effect upon the date of the
enactment of this Act.
(2) DELAYED EFFECTIVE DATE FOR CERTAIN MIXED
WASTE. Until the date that is 3 years after the
date of the enactment of this Act, the waiver of
sovereign immunity contained in section 6001(a) of the
Solid Waste Disposal Act with respect to civil, criminal,
and administrative penalties and fines (as added by the
amendments made by subsection (a)) shall not apply to
departments, agencies, and instrumentalities of the
executive branch of the Federal Government for violations
of section 3004(j) of the Solid Waste Disposal Act
involving storage of mixed waste that is not subject to
an existing agreement, permit, or administrative or
judicial order, so long as such waste is managed in
compliance with all other applicable requirements.
(3) EFFECTIVE DATE FOR CERTAIN MIXED WASTE.
(A) Except as provided in subparagraph (B), after the
date that is 3 years after the date of the enactment of
this Act, the waiver of sovereign immunity contained in
section 6001(a) of the Solid Waste Disposal Act with
respect to civil, criminal, and administrative penalties
and fines (as added by the amendments made by subsection
(a)) shall apply to departments, agencies, and
instrumentalities of the executive branch of the Federal
Government for violations of section 3004(j) of the Solid
Waste Disposal Act involving storage of mixed waste.
(B) With respect to the Department of Energy, the
waiver of sovereign immunity referred to in subparagraph
(A) shall not apply after the date that is 3 years after
the date of the enactment of this Act for violations of
section 3004(j) of such Act involving storage of mixed
waste, so long as the Department of Energy is in
compliance with both
(i) a plan that has been submitted and approved
pursuant to section 3021(b) of the Solid Waste Disposal
Act and which is in effect; and
(ii) an order requiring compliance with such plan
which has been issued pursuant to such section 3021(b)
and which is in effect.
(4) APPLICATION OF WAIVER TO AGREEMENTS AND
ORDERS. The waiver of sovereign immunity
contained in section 6001(a) of the Solid Waste Disposal
Act (as added by the amendments made by subsection (a))
shall take effect on the date of the enactment of this
Act with respect to any agreement, permit, or
administrative or judicial order existing on such date of
enactment (and any subsequent modifications to such an
agreement, permit, or order), including without
limitation, any provision of an agreement, permit, or
order that addresses compliance with section 3004(j) of
such Act with respect to mixed waste.
(5) AGREEMENT OR ORDER. Except as
provided in paragraph (4), nothing in this Act shall be
construed to alter, modify, or change in any manner any
agreement, permit, or administrative or judicial order,
including, without Limitation, any provision of an
agreement, permit, or order
(i) that addresses compliance with section 3004(j) of
the Solid Waste Disposal Act with respect to mixed waste;
(ii) that is in effect on the date of enactment of
this Act; and
(iii) to which a department, agency, or
instrumentality of the executive branch of the Federal
Government is a party.
SEC. 103. DEFINITION OF PERSON.
Section 1004(15) of the Solid Waste Disposal Act (42
U.S.C. 6903(15)) is amended by adding the following
before the period: "and shall include each
department, agency, and instrumentality of the United
States".
SEC. 104. FACILITY ENVIRONMENTAL ASSESSMENTS
Section 3007(c) of the Solid Waste Disposal Act (42
U.S.C. 6927(c)) is amended as follows:
(1) The first sentence is amended by striking out
"Beginning" and all that follows through
"undertake" and inserting in lieu thereof
"The Administrator shall undertake".
(2) The first sentence is further amended by striking
out federal agency" and inserting in lieu thereof
"department, agency, or instrumentality of the
United States".
(3) The section is further amended by inserting after
the first sentence the following new sentence: any State
with an authorized hazardous waste program also may
conduct an inspection of any such facility for purposes
of enforcing the facility's compliance with the State
hazardous waste program.".
(4) The section is further amended by adding at the
end the following: "The department, agency, or
instrumentality owning or operating each such facility
shall reimburse the Environmental Protection Agency for
the costs of the inspection of the facility. With respect
to the first inspection of each such facility occurring
after the date of the enactment of the Federal Facility
Compliance Act of 1992, the Administrator shall conduct a
comprehensive ground water monitoring evaluation at the
facility, unless such an evaluation was conducted during
the 12-month period preceding such date of
enactment.".
SEC. 3021. MIXED WASTE INVENTORY REPORTS AND
PLAN.
(a) MIXED WASTE AMENDMENT-(1) Subtitle C of the Solid
Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by
adding at the end the following new sections:
"SEC.3021.MIXED WASTE INVENTORY REPORTS AND PLAN.
"(a) MIXED WASTE INVENTORY REPORTS.
a(1) REQUIREMENT. Not later than 180 days after the date
of the enactment of the Federal Facility Compliance Act
of 1992, the Secretary of Energy shall submit to the
Administrator and to the Governor of each State in which
the Department of Energy stores or generates mixed wastes
the following reports:
"(A) A report containing a national inventory of
all such mixed wastes, regardless of the time they were
generated, on a State-by-State basis.
"(B) A report containing a national inventory of
mixed waste treatment capacities and technologies.
"(2) INVENTORY OF WASTES. The
report required by paragraph (1)(A) shall include the
following:
"(A) A description of each type of mixed waste at
each Department of Energy facility in each State,
including, at a minimum, the name of the waste stream.
"(B) The amount of each type of mixed waste
currently stored at each Department of Energy facility in
each State, set forth separately by mixed waste that is
subject to the land disposal prohibition requirements of
section 3004 and mixed waste that is not subject to such
prohibition requirements.
"(C) An estimate of the amount of each type of
mixed waste the Department expects to generate in the
next 5 years at each Department of Energy facility in
each State.
"(D) A description of any waste minimization
actions the Department has implemented at each Department
of Energy facility in each State for each mixed waste
stream.
"(E) The EPA hazardous waste code for each type
of mixed waste containing waste that has been
characterized at each Department of Energy facility in
each State.
"(F) An inventory of each type of waste that has
not been characterized by sampling and analysis at each
Department of Energy facility in each State.
"(G) The basis for the Department's determination
of the applicable hazardous waste code for each type of
mixed waste at each Department of Energy facility and a
description of whether the determination is based on
sampling and analysis conducted on the waste or on the
basis of process knowledge.
"(H) A description of the source of each type of
mixed waste at each Department of Energy facility in each
State.
"(I) The land disposal prohibition treatment
technology or technologies specified for the hazardous
waste component of each type of mixed waste at each
Department of Energy facility in each State.
"(J) A statement of whether and how the
radionuclide content of the waste alters or affects use
of the technologies described in subparagraph (I).
"(3) INVENTORY OF TREATMENT CAPACITIES
AND TECHNOLOGIES. The report required by
paragraph (1)(B) shall include the following:
"(A) An estimate of the available treatment
capacity for each waste described in the report required
by paragraph (1)(A) for which treatment technologies
exist.
"(B) A description, including the capacity,
number and location, of each treatment unit considered in
calculating the estimate under subparagraph (A).
"(C) A description, including the capacity,
number and location, of any existing treatment unit that
was not considered in calculating the estimate under
subparagraph (A) but that could, alone or in conjunction
with other treatment units, be used to treat any of the
wastes described in the report required by paragraph
(1)(A) to meet the requirements of regulations
promulgated pursuant to section 3004(m).
"(D) For each unit listed in subparagraph (C), a
statement of the reasons why the unit was not included in
calculating the estimate under subparagraph (A).
"(E) A description, including the capacity,
number, location, and estimated date of availability, of
each treatment unit currently proposed to increase the
treatment capacities estimated under subparagraph (A).
"(F) For each waste described in the report
required by paragraph (1)(A) for which the Department has
determined no treatment technology exists, information
sufficient to support such determination and a
description of the technological approaches the
Department anticipates will need to be developed to treat
the waste.
"(4) COMMENTS AND REVISIONS. Not
later than 90 days after the date of the submission of
the reports by the Secretary of Energy under paragraph
(1), the Administrator and each State which received the
reports shall submit any comments they may have
concerning the reports to the Department of Energy. The
Secretary of Energy shall consider and publish the
comments prior to publication of the final report.
"(5) REQUESTS FOR ADDITIONAL INFORMATION.
Nothing in this subsection limits or restricts the
authority of States or the Administrator to request
additional information from the Secretary of Energy.
"(b) PLAN FOR DEVELOPMENT OF TREATMENT
CAPACITIES AND TECHNOLOGIES.
"(1) PLAN REQUIREMENT-(A)(i) For
each facility at which the Department of Energy generates
or stores mixed wastes, except any facility subject to a
permit, agreement, or order described in clause (ii), the
Secretary of Energy shall develop and submit, as provided
in paragraph (2), a plan for developing treatment
capacities and technologies to treat all of the
facility's mixed wastes, regardless of the time they were
generated, to the standards promulgated pursuant to
section 3004(m).
"(ii) Clause (i) shall not apply with respect to
any facility subject to any permit establishing a
schedule for treatment of such wastes, or any existing
agreement or administrative or judicial order governing
the treatment of such wastes, to which the State is a
party.
"(B) Each plan shall contain the following:
"(i) For mixed wastes for which treatment
technologies exist, a schedule for submitting all
applicable permit applications, entering into contracts,
initiating construction, conducting systems testing,
commencing operations and processing backlogged and
currently generated mixed wastes.
"(ii) For mixed wastes for which no treatment
technologies exist, a schedule for identifying and
developing such technologies, identifying the funding
requirements for the identification and development of
such technologies, submitting treatability study
exemptions, and submitting research and development
permit applications.
"(iii) For all cases where the Department
proposes radionuclide separation of mixed wastes, or
materials derived from mixed wastes, it shall provide an
estimate of the volume of waste generated by each case of
radionuclide separation, the volume of waste that would
exist or be generated without radionuclide separation,
the estimated costs of waste treatment and disposal if
radionuclide separation is used compared to the estimated
costs if it is not used, and the assumptions underlying
such waste volume and cost estimates.
"(C) A plan required under this subsection may
provide for centralized, regional, or on-site treatment
of mixed wastes, or any combination thereof.
"(2) REVIEW AND APPROVAL OF PLAN-(A)
For each facility that is located in a State (i) with
authority under State law to prohibit land disposal of
mixed waste until the waste has been treated and
(ii) with both authority under State law to regulate
the hazardous components of mixed waste and authorization
from the Environmental Protection Agency under section
3006 to regulate the hazardous components of mixed waste,
the Secretary of Energy shall submit the plan required
under paragraph (1) to the appropriate State regulatory
officials for their review and approval, modification, or
disapproval. In reviewing the plan, the State shall
consider the need for regional treatment facilities. The
State shall consult with the Administrator and any other
State in which a facility affected by the plan is located
and consider public comments in making its determination
on the plan. The State shall approve, approve with
modifications, or disapprove the plan within 6 months
after receipt of the plan.
"(B) For each facility located in a State that
does not have the authority described in subparagraph
(A), the Secretary shall submit the plan required under
paragraph (1) to the Administrator of the Environmental
Protection Agency for review and approval, modification,
or disapproval. A copy of the plan also shall be provided
by the Secretary to the State in which such facility is
located. In reviewing the plan, the Administrator shall
consider the need for regional treatment facilities. The
Administrator shall consult with the State or States in
which any facility affected by the plan is located and
consider public comments in making a determination on the
plan. The Administrator shall approve, approve with
modifications, or disapprove the plan within 6 months
after receipt of the plan.
"(C) Upon the approval of a plan under this
paragraph by the Administrator or a State, the
Administrator shall issue an order under section 3008(a),
or the State shall issue an order under appropriate State
authority, requiring compliance with the approved plan.
"(3) PUBLIC PARTICIPATION. Upon
submission of a plan by the Secretary of Energy to the
Administrator or a State, and before approval of the plan
by the Administrator or a State, the Administrator or
State shall publish a notice of the availability of the
submitted plan and make such submitted plan available to
the public on request.
"(4) REVISIONS OF PLAN. If any
revisions of an approved plan are proposed by the
Secretary of Energy or required by the Administrator or a
State, the provisions of paragraphs (2) and (3) shall
apply to the revisions in the same manner as they apply
to the original plan.
"(5) WAIVER OF PLAN REQuIREMENT-(A)
A State may waive the requirement for the Secretary of
Energy to develop and submit a plan under this subsection
for a facility located in the State if the State (i)
enters into an agreement with the Secretary of Energy
that addresses compliance at that facility with section
3004(j) with respect to mixed waste, and (ii) issues an
order requiring compliance with such agreement and which
is in effect.
"(B) Any violation of an agreement or order
referred to in subparagraph (A) is subject to the waiver
of sovereign immunity contained in section 6001(a).
"(c) SCHEDULE AND PROGRESS REPORTS.
"(1) SCHEDULE. Not later than 6 months after the
date Federal of the enactment of the Federal Facility
Compliance Act of 1992, the Secretary of Energy shall
publish in the Federal publication. Register a schedule
for submitting the plans required under subsection (b).
"(2) PROGRESS REPORTS-(A) Not
later than the deadlines specified in subparagraph (B),
the Secretary of Energy shall submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a progress report containing the
following:
"(i) An identification, by facility, of the plans
that have been submitted to States or the Administrator
of the Environmental Protection Agency pursuant to
sub-section (b).
"(ii) The status of State and Environmental
Protection Agency review and approval of each such plan.
"(iii) The number of orders requiring compliance
with such plans that are in effect.
"(iv) For the first 2 reports required under this
paragraph, an identification of the plans required under
such subsection (b) that the Secretary expects to submit
in the 12-month period following submission of the
report.
"(B.) The Secretary of Energy shall submit a
report under subparagraph (A) not later than 12 months
after the date of the enactment of the Federal Facility
Compliance Act of 1992, 24 months after such date, and 36
months after such date.".
(2) The table of contents for subtitle C of the Solid
Waste Disposal Act (contained in section 1001) is amended
by adding at the end the following new item:
"Sec. 3021. Mixed Waste Inventory Reports and
Plan.".
(b) DEFINITION. Section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6902) is amended by
adding at the end the following new paragraph:
"(41) The term 'mixed waste' means waste that
contains both hazardous waste and source, special
nuclear, or by-product material subject to the Atomic
Energy Act of 1954 (42 U.S.C.2011et seq.).".
(c) GAO REPORT.
(1) Requirement. Not later than 18 months after the
date of the enactment of this Act, the Comptroller
General shall submit to Congress a report on the
Department of Energy's progress in complying with section
3021(b) of the Solid Waste Disposal Act.
(2) MATTERS TO BE INCLUDED. The
report required under paragraph (1) shall contain, at a
minimum, the following:
(A) The Department of Energy's progress in submitting
to the States or the Administrator of the Environmental
Protection Agency a plan for each facility for which a
plan is required under section 3021(b) of the Solid Waste
Disposal Act and the status of State or Environmental
Protection Agency review and approval of each such plan.
(B) The Department of Energy's progress in entering
into orders requiring compliance with any such plans that
have been approved.
(C) An evaluation of the completeness and adequacy of
each such plan as of the date of submission of the report
required under paragraph (1).
(D) An identification of any recurring problems among
the Department of Energy's submitted plans.
(E) A description of treatment technologies and
capacity that have been developed by the Department of
Energy since the date of the enactment of this Act and a
list of the wastes that are expected to be treated by
such technologies and the facilities at which the wastes
are generated or stored.
(F) The progress made by the Department of Energy in
characterizing its mixed waste streams at each such
facility by sampling and analysis.
(G) An identification and analysis of additional
actions that the Department of Energy must take to
(i) complete submission of all plans required under
such section 3021(b) for all such facilities;
(ii) obtain the adoption of orders requiring
compliance with all such plans; and
(iii) develop mixed waste treatment capacity and
technologies.
SEC. 106. PUBLIC VESSELS.
(a) AMENDMENT. Subtitle C of the
Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is
further amended by adding at the end the following new
section: "SEC. 3022. PUBLIC VESSELS."
"(a) WASTE GENERATED ON PUBLIC VESSELS.
Any hazardous waste generated on a public vessel shall
not be subject to the storage, manifest, inspection, or
recordkeeping requirements of this Act until such waste
is transferred to a shore facility, unless--
"(1) the waste is stored or. the public vessel
for more than 90 days after the public vessel is placed
in reserve or is otherwise no longer in service; or
"(2) the waste is transferred to another public
vessel within the territorial waters of the United States
and is stored on such vessel or another public vessel for
more than 90 days after the date of transfer.
"(b) COMPUTATION OF STORAGE PERIOD.
-For the purposes of subsection (a). the 90-day period
begins on the earlier of -
"(1) the date on which the public vessel on which
the waste was generated is placed in reserve or is
otherwise no longer in service; or
"(2) the date on which the waste is transferred
from the public vessel on which the waste was generated
to another public vessel within the territorial waters of
the United States; and continues, without interruption,
as long as the waste is stored on the original public
vessel (if in reserve or not in service) or another
public vessel.
"(c) DEFINITIONS. For purposes
of this section:
"(1) The term 'public vessel' means a vessel
owned or bareboat chartered and operated by the United
States, or by a foreign nation, except when the vessel is
engaged in commerce.
"(2) The terms 'in reserve' and 'in service' have
the meanings applicable to those terms under section 7293
and sections 7304 through 7308 of title 10, United States
Code, and regulations prescribed under those sections.
"(d) RELATIONSHIP TO OTHER LAWS.
Nothing in this section shall be construed as altering or
otherwise affecting the provisions of section 7311 of
title 10, United States Code.".
(b) TECHNICAL AMENDMENT. The table of
contents for subtitle C of such Act (contained in section
1001) is further amended by adding at the end the
following new item: "Sec. 3022. Public
vessels."
SEC. 107. MUNITIONS.
Section 3004 of the Solid Waste Disposal Act (42
U.S.C.6924) is amended by adding at the end the following
new subsection: "(y) MUNITIONS.(1) Not later than 6
months after the date of the enactment of the Federal
Facility Compliance Act of 1992 the Administrator shall
propose, after consulting with the Secretary of Defense
and appropriate State officials, regulations identifying
when military munitions become hazardous waste for
purposes of this subtitle and providing for the safe
transportation and storage of such waste. Not later than
24 months after such date, and after notice and
opportunity for comment, the Administrator shall
promulgate such regulations. Any such regulations shall
assure protection of human health and the environment.
"(2) For purposes of this subsection, the term
'military munitions' includes chemical and conventional
munitions.".
SEC.108. FEDERALLY OWNED TREATMENT WORKS.
(a) AMENDMENT. Subtitle C of the
Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is
further amended by adding at the end the following new
section:
"SEC.3023. FEDERALLY OWNED TREATMENT WORKS.
"(a) IN GENERAL. For purposes of
section 1004(27), the phrase 'but does not include solid
or dissolved material in domestic sewage' shall apply to
any solid or dissolved material introduced by a source
into a federally owned treatment works if
"(1) such solid or dissolved material is subject
to a Pretreatment standard under section 307 of the
Federal Water Pollution Control Act (33 U.S.C. 1317), and
the source is in compliance with such standard;
"(2) for a solid or dissolved material for which
a pretreatment standard has not been promulgated pursuant
to section 307 of the Federal Water Pollution Control Act
(33 U.S.C.1317), the Administrator has promulgated a
schedule for establishing such a Pretreatment standard
which would be applicable to such solid or dissolved
material not later than 7 years after the date of
enactment of this section, such standard is promulgated
on or before the date established in the schedule, and
after the effective date of such standard the source is
in compliance with such standard;
"(3) such solid or dissolved material is not
covered by paragraph (1) or (2) and is not prohibited
from land disposal under subsections (d), (e), (f), or
(g) of section 3004 because such material has been
treated in accordance with section 3004(m); or
"(4) notwithstanding paragraphs (1), (2), or (3),
such solid or dissolved material is generated by a
household or person which generates less than 100
kilograms of hazardous waste per month unless such solid
or dissolved material would otherwise be an acutely
hazardous waste and subject to standards, regulations, or
other requirements under this Act notwithstanding the
quantity generated.
"(b) PROHIBITION. It is unlawful to introduce
into a federally owned treatment works any pollutant that
is a hazardous waste. "(c) ENFORCEMENT.(1) Actions
taken to enforce this section shall not require closure
of a treatment works if the hazardous waste is removed or
decontaminated and such removal or decontamination is
adequate, in the discretion of the Administrator or, in
the case of an authorized State, of the State, to protect
human health and the environment.
"(2) Nothing in this subsection shall be
construed to prevent the Administrator or an authorized
State from ordering the closure of a treatment works if
the Administrator or State determines such closure is
necessary for protection of human health and the
environment.
"(3) Nothing in this subsection shall be
construed to affect any other enforcement authorities
available to the Administrator or a State under this
subtitle.
"(d) DEFINITION. For purposes of
this section, the term 'federally owned treatment works'
means a facility that is owned and operated by a
department, agency, or instrumentality of the Federal
Government treating wastewater, a majority of which is
domestic sewage, prior to discharge in accordance with a
permit issued under section 402 of the Federal Water
Pollution Control Act.
"(e) SAVINGS CLAUSE. Nothing in
this section shall be construed as affecting any
agreement, permit, or administrative or judicial order,
or any condition or requirement contained in such an
agreement, permit, or order, that is in existence on the
date of the enactment of this section and that requires
corrective action or closure at a federally owned
treatment works or solid waste management unit or
facility related to such a treatment works.".
(b) TECHNICAL AMENDMENT. The table of
contents for subtitle G of such Act (contained in section
1001) is further amended by adding at the end the
following new item:
"sec. 3023. Federally owned treatment
works.".
SEC. 109. SMALL TOWN ENVIRONMENTAL PLANNING.
(a) ESTABLISHMENT. The Administrator
of the Environmental Protection Agency (hereafter
referred to as the administrator") shall establish a
program to assist small communities in planning and
financing environmental facilities. The program shall be
known as the "Small Town Environmental Planning
Program".
(b) SMALL TOWN ENVIRONMENTAL PLANNING TASK
FORCE. Establishment. (1) The Administrator
shall establish a Small Town Environmental Planning Task
Force which shall be composed of representatives of small
towns from different areas of the United States, Federal
and State governmental agencies, and public interest
groups. The Administrator shall terminate the Task Force
not later than 2 years after the establishment of the
Task Force.
(2) The Task Force shall
(A) identify regulations developed pursuant to Federal
environmental laws which pose significant compliance
problems for small towns;
(B) identify means to improve the working relationship
between the Environmental Protection Agency (hereafter
referred to as the Agency) and small towns;
(C) review proposed regulations for the protection of
the environmental and Public health and suggest revisions
that could improve the ability of small towns to comply
with such regulations;
(D) identify means to promote regionalization of
environmental treatment systems and infrastructure
serving small towns to improve the economic condition of
such systems and infrastructure, and
(E) provide such other assistance to the Administrator
as the Administrator deems appropriate.
(c) IDENTIFICATION OF ENVIRONMENTAL
REQUIREMENTs. (l) Not later than 6 months after
the date of the enactment of this Act, the Administrator
shall publish a list of requirements under Federal
environmental and public health statutes (and the
regulations developed pursuant to such statutes)
applicable to small towns. Not less than annually, the
Administrator shall make such additions and deletions to
and from the list as the Administrator deems appropriate.
(2) The Administrator shall, as part of the Small Town
Environmental Planning Program under this section,
implement a program to notify small communities of the
regulations identified under paragraph (1) and of future
regulations and requirements through methods that the
Administrator determines to be effective to provide
information to the greatest number of small communities,
including any of the following:
(A) Newspapers and other periodicals.
(B) Other news media.
(C) Trade, municipal, and other associations that the
Administrator determines to be appropriate.
(D) Direct mail.
(d) SMALL TOWN OMBUDSMAN. The
Administrator shall establish and staff an Office of the
Small Town Ombudsman. The Office shall provide assistance
to small towns in connection with the Small Town
Environmental Planning Program and other business with
the Agency. Each regional office shall identify a small
town contact. The Small Town Ombudsman and the regional
contacts also may assist larger communities, but only if
first priority is given to providing assistance to small
towns.
(e) MULTI-MEDIA PERMITS. (41) The
Administrator shall conduct a study of establishing a
multi-media permitting program for small towns. Such
evaluation shall include an analysis of:
(A) environmental benefits and liabilities of a
multimedia permitting program;
(B) the potential of using such a program to
coordinate a small town's environmental and public health
activities; and
(C) the legal carriers, if any, to the establishment
of such a program.
(2) Within 3 years after the date of enactment of this
Act, the Administrator shall report to Congress on the
results of the evaluation performed in accordance with
paragraph (1). Included in this report shall be a
description of the activities conducted pursuant to
subsections (a) through (d).
(f) DEFINITION. For purposes of this
section, the term "small town" means an
incorporated or unincorporated community (as defined by
the Administrator) with a population of less than 2,500
individuals.
(g) AUTHORIZATION. There is
authorized to be appropriated the sum of $500,000 to
implement this section.
SEC.110.CHIEF FINANCIAL OFFICER REPORT.
The Chief Financial Officer of each affected agency
shall submit to Congress an annual report containing, to
the extent practicable, a detailed description of the
compliance activities undertaken by the agency for mixed
waste streams, and an accounting of the fines and
penalties imposed on the agency for violations involving
mixed waste.
TITLE II METROPOLITAN WASHINGTON WASTE
MANAGEMENT STUDY ACT
SEC. 201. SHORT TITLE.
This title may be cited as the "Metropolitan
Washington Waste Management Study Act".
SEC. 202. FINDINGS.
The Congress finds that the I-95 Sanitary Landfill, in
Lorton, Virginia, is located on Federal land, and the
ultimate responsibility for maintaining environmental
integrity at such landfill is on the Federal Government,
as well as the signatories to the July 1981 I-95 Sanitary
Landfill Memorandum of Understanding.
SEC. 203. ENVIRONMENTAL IMPACT STATEMENT.
(a) ENVIRONMENTAL IMPACT STATEMENT.
Except as provided in subsection (b), in order to assure
environmental integrity in and around properties owned by
the Government of the United States, no expansion of the
I-95 Sanitary Landfill shall be permitted or otherwise
authorized unless
(1) an environmental impact statement, pursuant to the
National Environmental Policy Act, regarding any such pro
posed expansion has been completed and approved by the
Administrator; and
(2) the costs incurred in conducting and completing
such environmental impact statement are paid (A) from the
landfill's so-called enterprise fund established pursuant
to the July 1981 I-95 Sanitary Landfill Memorandum of
Understanding, or (B) in accordance with some other
payment formula based on past and projected percentage of
the jurisdictional usage of the landfill
(b) EXCEPTION. (1) Notwithstanding
subsection (a), the I-95 Sanitary Landfill may be
expanded for the purpose of the ash monofill planned by
the parties to the July 1981 I-95 Sanitary Landfill
Memorandum of Understanding if such monofill, subject to
paragraph (2), is used solely for the disposal of
incinerator ash from such parties.
(2) The ash monofill referred to in paragraph (1) may
be used for the disposal of solid waste for a maximum of
30 days whenever a resource recovery facility, or an
incinerator and a resource recovery facility, operated
for or by the parties to the July 1981 I-95 Sanitary
Landfill Memorandum of Understanding is completely
unavailable because of an emergency shutdown.
(c) LIMITATION. After December 31,
1995, the I 95 Sanitary Landfill, including any
expansions thereof, shall not be available to receive or
dispose of municipal or industrial waste of any kind
other than incinerator ash unless the conditions
enumerated in subsection (a) are met.
(d) GENERAL. Notwithstanding any
other provision of this title, the parties of the July
1981 I-95 Sanitary Landfill Memorandum of Understanding,
together with the Federal Government, shall continue to
be responsible for maintaining environmental stability at
the I-95 Sanitary Landfill, including any expansion, in
accordance with applicable laws of the United States, the
Commonwealth of Virginia, and the local jurisdictions in
which the I-95 Sanitary Landfill is located.
SEC. 204. DEFINITIONS.
For purposes of this title:
(1) The term "expansion" includes any
development or use, after May 31, 1991, of any lands
(other than those lands which were used as a landfill on
or before May 31, 1991) owned by the Government of the
United States in and around Lorton, Virginia, for the
purpose of, or use as, a sanitary landfill in accordance
with the July 1981 I-95 Sanitary Landfill Memorandum of
Understanding. The term also includes variances or
exemptions from any elevation requirements relating to
landfill operations established by the laws of the
Commonwealth of Virginia, or any subdivision thereof, in
connection with any such lands used on or
before May 31, 1991.
(2) The term "lands owned by the Government of
the United States" includes any lands owned by the
United States, and any such lands with respect to which
the Government of the District of Columbia has beneficial
ownership.
(3) The term "July 1981 I-95 Sanitary Landfill
Memorandum of Understanding" means the document
titled "Memorandum of Understanding I-95 Resource
Recovery, Land Reclamation, and Recreation Complex"
that was executed July 22, 1981, and subsequently amended
by supplemental agreements executed before May 31, 1991.
Approved October 6,1992.
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