text: 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).''.
target: 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.
feat_title: Brownfields Remediation Waste Act