article: 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 (the 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.