Waste Management Act of 1992

Waste Management Act of 1992 - Authorizes appropriations for FY 1993 through 1996 to carry out the Solid Waste Disposal Act.

Title I: Provisions Relating Primarily to Subtitles A and B of the Solid Waste Disposal Act - Amends the Solid Waste Disposal Act to revise provisions concerning congressional findings and objectives.

Declares it to be U.S. national policy that: (1) the creation of surplus and remnant material from production processes shall be reduced and residuals from post-consumer products shall be managed as material resources; (2) materials are to be managed at Federal, State, and local levels using specified waste reduction and management strategies; and (3) the Administrator of the Environmental Protection Agency (EPA) and the States shall not differentiate in the enforcement of this Act on the basis of whether an owner or person engaged in waste disposal activities is a public or private person, whether a facility is located on or off the premises where waste is generated, or whether an activity is carried out on or off the premises where the waste is generated.

Sets forth as a national goal the recycling of at least 25 and 40 percent of municipal solid waste by 1995 and 2000, respectively.

Requires the Inspector General of the EPA to report annually to the Congress on the implementation of, and compliance with, the Solid Waste Disposal Act.

Adds specified annual reporting requirements.

Directs the Administrator, for five years following the date of enactment of this Act, to identify five of the most toxic and common constituents of municipal waste. Requires the Administrator to consider, with respect to each of the constituents, imposing the following: (1) a ban on the use of such a constituent in production; (2) a ban on disposal in landfills or treatment in incinerators of any product containing such a constituent; (3) a requirement for special management standards for such products after discard; and (4) a requirement for the use of a substitute constituent. Permits the Administrator to impose such bans or requirements only by promulgating regulations. Requires the Administrator to publish annually in the Federal Register any information on such actions.

Title II: Provisions Relating Primarily to Subtitle D of the Solid Waste Disposal Act - Subtitle A: Provisions Relating to Solid Waste Management Plans - Revises requirements for State solid waste management plans. Requires such plans to include: (1) an estimate of the capacity of the State to manage such waste; (2) permit programs; (3) solid waste recycling, reduction, incineration, and land disposal elements; (4) an overall waste materials strategy to cover one of two specified planning periods; (5) waste inventories; (6) personnel training and public education; (7) requirements for the management of household hazardous waste, tires, yard waste, and large household appliances; and (8) annual reporting requirements.

Sets forth submission, approval, and implementation procedures for State plans.

Authorizes a State with an approved plan and certification of compliance to: (1) prohibit the transportation of solid waste generated from another State into such State for disposal, storage, or incineration purposes; (2) prohibit the incineration, disposal, or storage of such waste; and (3) levy fees on solid waste or solid waste transporters that differentiate rates or other aspects of payment on the basis of waste origin. Requires such State, prior to exercising such authority, to certify to the Administrator that it has: (1) completed construction on facilities that will provide at least 70 percent of the capacity for solid waste management needed to implement the State plan; and (2) completed siting approval on facilities that will provide 100 percent of such capacity.

Prohibits the interstate transport of solid waste in any State: (1) that does not have an approved plan within a specified time period; (2) that cannot certify continuing compliance; or (3) for which the Administrator has withdrawn approval of the State plan.

Permits the Administrator to develop a plan for, and charge, any State that has not submitted a plan.

Requires States to establish permit programs and issue permits to solid waste management facilities in compliance with this Act. Prohibits the incineration, storage, or disposal of such waste at, or the transportation of such waste to, facilities without permits. Sets forth transitional permit requirements and deadlines. Limits permit terms to ten years and provides for permit modifications, as appropriate. Authorizes States to grant variances from permit requirements if it is demonstrated that no adverse effects to human health or the environment will result from such variances.

Subtitle B: Provisions Relating to Federal Requirements - Directs the Administrator to promulgate standards, guidelines, and regulations for: (1) municipal solid waste landfills; (2) municipal solid waste incinerators; (3) industrial waste; (4) above-ground storage tanks; and (5) other waste categories, as appropriate. Permits State Governors to petition the Administrator for the promulgation of additional standards, guidelines, and regulations.

Sets forth requirements for municipal solid waste landfills, to include: (1) specified detection and monitoring controls; (2) daily cover; (3) closure and postclosure requirements; (4) financial responsibility and corrective action requirements; (5) groundwater monitoring; (6) liners and leachate collection and removal systems, as appropriate; (7) construction quality assurance plans; and (8) prohibitions on landfills being located within the 100-year flood plain, within specified distances of faults, or within seismic impact zones or other unstable areas, unless certain conditions have been met.

Requires the Administrator to publish guidelines for identifying materials which should be removed from solid waste before its incineration in a municipal solid waste incinerator.

Directs the Administrator to promulgate regulations applicable to the operation and management of municipal solid waste incinerators and to the disposal or recycling and reuse of municipal solid waste incinerator ash. Prohibits the disposal of ash in units that are created as a result of vertical expansion of an existing waste disposal facility unless it is demonstrated that there will be no settling of waste that would impair the integrity of the liners. Requires that landfills into which such ashes are disposed provide for groundwater monitoring and: (1) place such ashes in a monofill having a leachate collection system and a single liner designed and operated to prevent the migration of any constituent into such liner; or (2) have two or more liners and a leachate collection system above and between such liners. Provides that landfill design requirements shall not apply to alternatively-designed units if it is demonstrated that such designs prevent such migration.

Directs the Administrator to prescribe criteria and testing procedures for identifying the hazardous properties of municipal incinerator ash so that ash which does not exhibit such properties may be placed in sanitary landfills meeting current criteria under specified conditions. Requires ash which is hazardous to human health or the environment to be treated prior to recycling or reuse.

Prohibits, four years after this Act's enactment, the operation of incinerators and the receipt of ash for treatment, storage, disposal, reuse, or recycling without a permit or prior approval under a State program. Requires civil penalties imposed against local governments for violations of this Act to be deposited into a trust fund for programs that serve to enhance the protection of human health and the environment.

Sets forth transitional provisions.

Requires the Administrator to identify, classify, and report to the Congress and States on specified types of industrial waste. Directs generators or transporters of such waste and owners or operators of facilities handling such waste to file notifications with the State concerning facility locations and descriptions of activities and wastes handled.

Sets forth requirements for industrial waste management, to include: (1) authorizations to operate; (2) monitoring, recordkeeping, and reporting requirements; (3) performance standards; (4) financial responsibility assurances; (5) design, operating, closure, and postclosure criteria; and (6) corrective action requirements.

Applies such requirements to the following facilities: (1) industrial waste facilities that produce such waste and are not implementing closure or postclosure plans; and (2) inactive or abandoned facilities that are reactivated.

Requires the Administrator to study the adverse effects on human health and the environment of the disposal of other nonhazardous waste.

Directs the Administrator to promulgate solid waste storage regulations. Excludes from such regulations storage at transportation-related facilities.

Requires State plans and permits to include requirements for municipal solid waste landfills and incinerators and for industrial wastes.

Subtitle C: Other Provisions - Directs the Administrator to compile and periodically update a non-hazardous solid waste inventory to determine, by State or region: (1) an estimate of the amount of such waste to be generated annually and likely to be generated in each of the next 20 years; and (2) the capacity of existing and proposed waste management facilities.

Sets forth Federal enforcement provisions. Prescribes civil and criminal penalties for violations of solid waste management requirements.

Title III: Provisions Relating Primarily to Subtitle H of the Solid Waste Disposal Act - Requires the Administrator to: (1) develop model recycling programs for States and localities; and (2) carry out a continuing program to evaluate demonstrated waste management technologies that could be used by municipalities and report periodically on such program.

Authorizes the Administrator to make grants to counties or municipalities for implementing recycling programs and developing markets for recycled materials. Authorizes appropriations.

 
HR 4348 IH
102d CONGRESS
2d Session
 H. R. 4348
To authorize appropriations for fiscal years 1993 through 1996 to carry out
the Solid Waste Disposal Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 27, 1992
Mr. STAGGERS introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To authorize appropriations for fiscal years 1993 through 1996 to carry out
the Solid Waste Disposal Act, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
  (a) SHORT TITLE- This Act may be cited as the `Waste Management Act of 1992'.
  (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Table of Contents
Sec. 1. Short title and table of contents.
Sec. 2. Amendments to Solid Waste Disposal Act.
Sec. 3. Authorizations.
TITLE I--PROVISIONS RELATING PRIMARILY TO SUBTITLES A AND B OF THE SOLID
WASTE DISPOSAL ACT
Sec. 101. Congressional findings on materials management.
Sec. 102. Objectives, national policy, and goal relating to materials
management.
Sec. 103. Definitions.
Sec. 104. Inspector General report.
Sec. 105. Additional annual report requirements.
Sec. 106. Identification of toxic constituents.
TITLE II--PROVISIONS RELATING PRIMARILY TO SUBTITLE D OF THE SOLID WASTE
DISPOSAL ACT
Subtitle A--Provisions Relating to Solid Waste Management Plans
Sec. 201. Federal guidelines for plans.
Sec. 202. Minimum requirements for State plans.
Sec. 203. Submission, approval, and implementation of State plans.
Sec. 204. Permits for management of solid waste.
Subtitle B--Provisions Relating to Federal Requirements
Sec. 221. General Federal requirements for solid waste management.
Sec. 222. Municipal solid waste landfill requirements.
Sec. 223. Municipal solid waste incinerator and incinerator ash requirements.
Sec. 224. Industrial solid waste requirements.
Sec. 225. Solid waste storage requirements.
Sec. 226. Table of contents amendment.
Subtitle C--Other Provisions
Sec. 241. Reorganization of subtitle.
Sec. 242. Objectives of subtitle.
Sec. 243. Applicability of subtitle.
Sec. 244. Inventory of solid waste.
Sec. 245. Additional Federal enforcement authorities.
Sec. 246. Retention of State authority.
Sec. 247. Table of contents amendment.
TITLE III--PROVISIONS RELATING PRIMARILY TO SUBTITLE H OF THE SOLID WASTE
DISPOSAL ACT
Sec. 301. Model recycling programs.
Sec. 302. Municipal innovative technologies.
SEC. 2. AMENDMENTS TO SOLID WASTE DISPOSAL ACT.
  Except as otherwise specifically provided, whenever in this Act a section
  or other provision is amended or repealed, such amendment or repeal shall
  be considered to be made to that section or other provision of the Solid
  Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 3. AUTHORIZATION.
  Subsection (a) of section 2007 is amended by striking out `, $35,000,000'
  and all that follows through the end of the subsection and inserting in
  lieu thereof the following: `$25,000,000 for each of fiscal years 1993
  through 1996.'.
TITLE I--PROVISIONS RELATING PRIMARILY TO SUBTITLES A AND B OF THE SOLID
WASTE DISPOSAL ACT
SEC. 101. CONGRESSIONAL FINDINGS ON MATERIALS MANAGEMENT.
  Section 1002(b) is amended--
  (1) by striking out `and' at the end of paragraph (7);
  (2) by striking out the period at the end of paragraph (8) and inserting
  in lieu thereof a semicolon; and
  (3) by adding at the end the following new paragraphs:
  `(9) the generation of used oil by millions of motorists and small businesses
  presents unique regulatory concerns unlike the concerns for any other type
  of hazardous waste and thus warrants special policies to encourage legitimate
  methods of recycling and protection of human health and the environment;
  `(10) the Nation generates increasingly large volumes of both hazardous
  and solid wastes each year, which may pose a threat to human health
  and the environment if not properly managed or if managed in facilities
  inadequately designed and operated to ensure protection of human health
  and the environment;
  `(11) siting of new waste management facilities, including recycling
  facilities, is not proceeding at a rate adequate to meet local needs;
  `(12) many communities are continuing to manage waste in existing facilities
  not designed and operated with technology and engineering controls that
  are protective of the environment;
  `(13) long distance transportation of wastes to other communities and
  States has become unacceptably commonplace;
  `(14) the generation of hazardous and solid waste must be reduced, and
  recycling of hazardous and solid waste must be increased, to the maximum
  extent achievable in order to protect human health and the environment,
  conserve natural resources, and minimize disposal capacity requirements;
  `(15) local governments should be an integral part of the planning and
  decisionmaking process; and
  `(16) although the proper management of solid waste should and must be
  done at the local and regional level, the concern about mismanagement of
  such waste must extend beyond those boundaries, because the potential for
  environmental and human health calamity resulting from such mismanagement
  in the aggregate is having national and even global repercussions.'.
SEC. 102. OBJECTIVES, NATIONAL POLICY, AND GOAL RELATING TO MATERIALS
MANAGEMENT.
  (a) OBJECTIVES- (1) Paragraphs (4), (5), and (6) of section 1003(a) are
  each amended by inserting `and solid waste' after `hazardous waste' each
  place it appears.
  (2) Section 1003(a) is further amended--
  (A) by striking out `and' at the end of paragraph (10);
  (B) by striking out the period at the end of paragraph (11) and inserting
  in lieu thereof a semicolon; and
  (C) by adding at the end the following new paragraphs:
  `(12) requiring waste reduction measures to be included by both the
  Administrator (in the promulgation of regulations and guidelines under this
  Act) and State and local governments (in the implementation of solid waste
  management plans) as an integral part of the planning and decisionmaking
  process;
  `(13) establishing a Federal-State-local government partnership to ensure
  waste management practices and waste management capacity that is protective
  of human health and the environment;
  `(14) promoting regional and interjurisdictional cooperation and resource
  leveraging in the planning and provision of waste management services; and
  `(15) ensuring resource conservation through materials management practices
  that encourage economic growth and that safeguard the environment and
  human health.'.
  (b) POLICY- Section 1003(b) is amended to read as follows:
  `(b) NATIONAL POLICY- (1) The Congress hereby declares it to be the national
  policy of the United States that the creation of surplus and remnant material
  from the Nation's production processes (whether energy or material) shall
  be reduced, and residuals from post-consumer products and produce shall
  be managed as a material resource. For purposes of achieving that policy--
  `(A) reduction and recycling of solid waste and hazardous waste should be
  encouraged to the maximum extent achievable;
  `(B) separation of waste materials as the source should be encouraged to
  the maximum extent achievable, consistent with market demand for separated
  materials, so that particular materials can be matched to the management
  methods (such as recycling) best suited to them;
  `(C) economic incentives for waste reduction and recycling should be
  provided; and
  `(D) markets for recycled materials should be created and strengthened.
  `(2) The Congress hereby further declares it to be the national policy  of
  the United States that materials are to be managed at the Federal, State,
  and local level using the following strategies in the manner that is most
  protective of human health and the environment (including depletion of
  natural resources):
  `(A) Waste reduction.
  `(B) Waste management, through--
  `(i) reuse and recycling;
  `(ii) incineration of combustible materials that cannot be reused or
  recycled, with energy recovery and proper management of incineration
  residuals; and
  `(iii) disposal in secure land disposal facilities for residuals resulting
  from recycling and incineration and for noncombustible materials that
  cannot be reused or recycled.
  `(3) The Congress hereby further declares it to be the national policy of
  the United States that, in carrying out this Act, the Administrator and
  the States shall not differentiate in enforcement of the requirements of
  this Act on the basis of--
  `(A) in the case of facilities, whether the owner is a public or private
  person or whether the facility is located on or off the premises where
  waste is generated; and
  `(B) in the case of activities, whether the person carrying out the activity
  is a public or private person or whether the activity is carried out on
  or off the premises where the waste is generated.'.
  (c) RECYCLING GOAL- Section 1003 is further amended by adding at the end
  the following new subsection:
  `(c) GOAL- The Congress hereby declares it to be the national goal of the
  United States to recycle at least 25 percent of municipal solid waste
  generated in the nation by 1995, and at least 40 percent of municipal
  solid waste generated in the nation by 2000.'.
SEC.  103. DEFINITIONS.
  Section 1004 is amended by adding at the end the following new paragraphs:
  `(41) The term `waste reduction' means an activity, practice, or process
  that reduces (A) the amount of solid waste entering a waste stream before
  recycling, treatment, storage, or disposal, or (B) the hazards to public
  health and the environment associated with the release of toxic constituents
  that may be present in solid waste. The term includes equipment or technology
  modification, process or procedure modifications, reformulation or redesign
  of products, substitution of raw materials, and improvements in housekeeping,
  maintenance, training, or inventory control.
  `(42) The term `recycling' or `recycle' means any activity or process by
  which solid waste is collected, separated, or processed for reuse as a
  raw material or product.
  `(43) The term `recyclable material' means waste material that can be
  diverted from solid waste and recycled, but does not include material
  generated from, and commonly reused within, an original manufacturing
  process.
  `(44) The term `packaging' includes any material intended or used to contain,
  protect, advertise, or subdivide portions of a product for consumer or
  commercial use, including containers for beverages and other liquids and
  single-service containers for food.
  `(45) The term `environment' includes water, air, and land and the
  interrelationship which exists among and between water, air, and land and
  all flora and fauna living therein.'.
SEC. 104. INSPECTOR GENERAL REPORT.
  (a) IN GENERAL- Subtitle A is amended by adding at the end the following
  new section:
`SEC. 1009. INSPECTOR GENERAL REPORT.
  The Inspector General of the Environmental Protection Agency shall submit
  to Congress each year a report on the implementation of, and compliance
  with, the provision of this Act.'.
  (b) TABLE OF CONTENTS AMENDMENT- The table of contents for subtitle A
  (contained in section 1001) is amended by adding at the end the following
  new item:
`Sec. 1009. Inspector General report.'.
SEC. 105. ADDITIONAL ANNUAL REPORT REQUIREMENTS.
  Section 2006 is amended--
  (1) by inserting `and make available to the public' after `transmit to
  Congress and the President';
  (2) by  redesignating paragraphs (4), (5), and (6) as paragraphs (8),
  (9), and (10), respectively; and
  (3) by inserting after paragraph (3) the following new paragraphs:
  `(4) the inventory  of solid waste compiled pursuant to section 4302;
  `(5) a report on the progress in the development and implementation of
  State plans under subtitle D, including information on the status of the
  achievement of the goals and  requirements established under the State plans;
  `(6) a report on the activities carried out by States and by the
  Environmental Protection Agency to enforce the requirements to subtitles
  C and D, including the number and type of enforcement actions undertaken,
  identification of the parties involved in such actions, fines and penalties
  assessed as a result of such actions, and fines and penalties collected
  as a result of such actions;
 `(7) detailed information on the budgetary resources needed to implement
 and enforce each subtitle of this Act during the next fiscal year, including
 the number of full-time employees needed and the amount of funds needed in
 areas other than salaries;'.
SEC. 106. IDENTIFICATION OF TOXIC CONSTITUENTS.
 (a) IN GENERAL- Subtitle B is amended by adding at the end the following
 new subsection:
`SEC. 2009. IDENTIFICATION OF TOXIC CONSTITUENTS.
 `(a) IDENTIFICATION- During each of the 5 years following the date of
 the enactment of the Waste Management Act of 1992, the Administrator shall
 identify 5 of the most toxic and common constituents of municipal waste. The
 first such identification shall be made not later than 1 year after such date
 of enactment. In making such identification, the Administrator shall consider,
 at a minimum, the pervasiveness of the constituent in the environment, the
 effects of the constituent while moving in and through the environment,
 and the risks to human health and the environment associated with the
 constituent through mismanagement of the municipal waste stream.
 `(b) ADMINISTRATOR CONSIDERATIONS- (1) Not later than 2 years after making
 an identification of 5 constituents under subsection (a), the Administrator
 shall consider, with respect to each of the 5 constituents, imposing one
 or more of the following:
 `(A) A ban on the use of such constituent in production.
 `(B) A ban on disposal in landfills or treatment in incinerators of any
 product containing such constituent.
 `(C) A requirement for special management standards for such products
 after discard.
 `(D) A requirement for the use of a substitute constituent.
 `(2) The Administrator may impose a ban under paragraph (1)(A) or a
 requirement under paragraph (1)(D) only by promulgating regulations under
 the authority of statutes other than this Act after public hearing and
 opportunity for comment.
 `(c) PUBLICATION- The Administrator shall publish in the Federal Register
 each year information on any actions taken under this section, including
 any decision not to impose a requirement.'.
 (b) TABLE OF CONTENTS AMENDMENT- The table of contents for subtitle B
 (contained in section 1001) is amended by adding at the end the following
 new item:
`Sec. 2009. Identification of toxic constituents.'.
TITLE II--PROVISONS RELATING PRIMARILY TO SUBTITLE D OF THE SOLID WASTE
DISPOSAL ACT
Subtitle A--Provisions Relating to Solid Waste Management Plans
SEC. 201. FEDERAL GUIDELINES FOR PLANS.
 (a) DEADLINE- (1) Section 4002(b) is amended--
 (A) by striking out `eighteen months after the date of enactment of this
 section and after notice and hearing' and inserting in lieu thereof `9
 months after the date of enactment of the Waste Management Act of 1992';
 (B) by striking out `promulgate regulations containing' and inserting in
 lieu thereof `publish'; and
 (C) in subsection (b), by inserting after `section 4001' the following:
 `, the national policy declared in section 1003(b), and the requirements
 of section 4003'.
 (2) Section 4002(c) is amended by striking out `promulgated' and inserting
 in lieu thereof `published'.
 (b) MODEL FORMAT- Section 4002 is further amended by adding at the end the
 following new subsection:
 `(d) MODEL FORMAT- The guidelines published under subsection (b) shall include
 a model format for a State plan that takes into account all amendments
 made by the Waste Management Act of 1992. Such model format shall include
 a model for the inventory required under section 4003(b)(2) and a standard
 methodology for States to measure, through the use of statistical sampling
 and analysis, compliance with section 4003(b)(6).'.
SEC. 202. MINIMUM REQUIREMENTS FOR STATE PLANS.
 Subsections (a) and (b) of section 4003 are amended to read as follows:
 `(a) MINIMUM REQUIREMENTS- In order to be approved under section 4007,
 each State plan shall comply with the following minimum requirements:
 `(1) CAPACITY ESTIMATE AND CERTIFICATION- (A) The plan shall--
 `(i) include an estimate of the current capacity of the State or each regional
 planning area to manage solid waste, including an identification of each solid
 waste management facility and a projection of its remaining useful life; and
 `(ii) include procedures by which the State shall ensure the availability,
 during the planning period, of capacity adequate to manage (through
 recycling, incineration, or land disposal) the amounts of solid waste
 identified pursuant to paragraph (1), taking into account the amounts of
 waste that, as a result of waste reduction and recycling, will not require
 incineration or land disposal.
 `(B) The procedures to ensure the availability of capacity shall include
 the following:
  `(i) The identification of specific additional facilities that are needed
  for the storage, recycling, incineration, or disposal of solid waste.
  `(ii) Provisions to facilitate the siting of environmentally sound facilities
  that will be used for the transportation, separation, and processing of
  recyclable materials, including materials recovery facilities.
  `(iii) A process to assure the facilities are construction on a schedule
  enforceable by the State, through means that may include binding arbitration
  to resolve local disputes (including variances from zoning ordinances)
  or such other means as the State may establish.
  `(2) PERMIT PROGRAM- The plan shall include a permit program as required
  by section 4011.
  `(3) RECYCLING- The plan shall include provisions for the establishment
  of a recycling program as described in subsection (b)(6).
  `(b) OTHER REQUIREMENTS- Each State plan also shall include the following
  requirements:
  `(1) PLANNING PERIOD- The plan shall establish an overall waste materials
  management strategy for the State that covers one of the following planning
  periods:
  `(A) In any case in which the projected remaining useful life of current
  solid waste management capacity in the State or planning area exceeds 20
  years, the plan shall cover a planning period equal to the length of the
  projected remaining useful life plus 5 years.
  `(B) In any other case, the plan shall cover the 20-year period that begins
  on the date of approval of the plan.
  `(2) WASTE INVENTORY- The plan shall provide that the State, directly
  or through a regional planning agency, shall identify the amounts and
  types of solid waste (other than hazardous waste) in municipal solid waste
  (including residential and commercial waste) and industrial solid waste that
  are reasonably expected to be generated in the State or in each regional
  planning area in the state or transported into the State or planning areas
  during the planning period. Such identification shall include information
  on the sources of such wastes, characteristics of such wastes, and current
  waste management practices (including waste exportation and importation).
  `(3) ELEMENTS OF PLAN- The plan shall include waste reduction, recycling,
  incineration, and land disposal elements (in accordance with requirements
  of this section), or, in the case of any element but recycling, a reason
  satisfactory to the Administrator for why a particular element is absent
  or minimal. The plan shall provide that such elements shall be pursued
  consistent with the national policy declared in section 1003(b) and shall
  assure that all solid waste currently generated in the State is either
  avoided through waste reduction, recycled, incinerated, or disposed of it
  an environmentally acceptable manner.
  `(4) DUMP PROHIBITION- The plan shall prohibit the establishment of new
  open dumps and the continued operation of any existing open dumps. Any
  existing dump shall be closed in compliance with the closure and postclosure
  regulations promulgated for municipal solid waste landfills under section
  4202.
  `(5) WASTE REDUCTION- The waste reduction element of the plan shall
  provide for waste reduction to be an integral part of the solid waste
  management planning and decisionmaking process in the State or regional
  planning areas. The plan shall establish goals for the amount of waste to
  be reduced annually in the State or planning areas.
  `(6) RECYCLING- The recycling element of the plan shall mandate that,
  beginning 4 years after the plan is approved, at least 25 percent of
  the solid waste generated each year in the State shall be recycled. The
  recycling element of the plan also shall set a goal of recycling at
  least 50 percent of such solid waste beginning 8 years after the plan is
  approved. Recyclable materials to be considered in the State plan shall
  include corrugated cardboard, office paper and paper products, newspaper,
  glass, plastic materials and products, batteries, ferrous and nonferrous
  materials, metals, yard waste, and beverage containers.
  `(7) PART II REQUIREMENTS- The plan shall incorporate the requirements of
  part II of the subtitle and specifically provide, through State regulations,
  for the implementation of such requirements. The plan may not incorporate
  requirements that are any less stringent than the requirements of part II,
  but such requirements need not be identical to the part II requirements.
  `(8) PERSONNEL TRAINING- The plan shall include requirements for the training
  of personnel working at solid waste storage, recycling, incineration,
  and disposal facilities.
  `(9) PUBLIC EDUCATION- The plan shall include requirements for the State,
  acting through local school boards, to develop public educational programs
  about solid waste, especially recycling.
  `(10) SPECIFIC WASTES- The plan shall provide for, in the manner determined
  appropriate for the State or each regional planning area and that protects
  human health and the environment, the management of (A) household hazardous
  waste, (B) tires, (C) yard waste, and (D) large household appliances. In
  providing for such management in the plan, the State or regional planning
  agency shall consider requirements or programs for separate handling, special
  collection, prohibitions on disposal in landfills, recycling, composting of
  yard wastes, and special treatment facilities. The plan shall specifically
  provide for the management of such materials collected for recycling but
  which have remained in storage longer than allowed under the regulations
  promulgated under section 4205 (due to market fluctuations or other reasons).
  `(11) COORDINATION- The plan shall identify (in accordance with section
  4006(b)) (A) the responsibilities of State, local, and regional authorities
  in the implementation of the State plan, (B) the distribution of Federal
  funds to the authorities responsible for development and implementation
  of the State plan, and (C) the means for coordinating regional planning
  and implementation under the State plan. Any State agency that develops
  the plan must consult and coordinate with local and regional authorities
  in such development.
  `(12) REVISIONS- The plan shall provide for revision of the plan, after
  notice and public hearing, and submission of the revised plan to the
  Administrator for approval, whenever guidelines under section 4002 or this
  section are revised and such plan is no longer in compliance.
  `(13) CERTIFICATION OF LEGAL AUTHORITY- The plan  shall include a statement
  that the laws of the State provide such legal authority as may be necessary
  to implement and enforce the State  plan, including the State permit program
  under section 4011 and ensuring the availability of capacity adequate to
  manage the waste in the State.
  `(14) ANNUAL REPORT- The plan shall provide for annual reports to the
  Administrator by the State and by each agency with a responsibility for
  implementing a portion of the plan, on progress in implementing the plan
  and in achieving the goals and requirements established under the plan. Such
  reports shall be available to the public.'.
SEC. 203. SUBMISSION, APPROVAL, AND IMPLEMENTATION OF STATE PLANS.
  (A) IN GENERAL- Section 4007 is amended to read as follows:
`SEC. 4007. SUBMISSION, APPROVAL, AND IMPLEMENTATION OF STATE PLAN.
  `(a) PLAN SUBMISSION- Each State shall develop a solid waste management
  plan that complies with the requirements of section 4003(a) and shall
  submit such plan to the Administrator not later than 24 months after the
  date of the enactment of the Waste Management Act of 1992.
  `(b) PLAN APPROVAL- (1) Not later than 12 months after a State  plan
  has been submitted to the  Administrator pursuant to subsection (a),
  the Administrator shall approve or disapprove the plan. The Administrator
  shall approve such plan if it meets the requirements of section 4003(a).
  `(2) The Administrator shall review each approved plan from time to time
  (but not less often than every 5 years) and if revisions are necessary
  to bring the plan into compliance with the requirements of section 4003
  (including any new or revised requirements), the Administrator shall notify
  the State or regional planning agency of the need for revisions. The State or
  regional planning agency shall submit to the Administrator revisions to the
  State plan within a reasonable time period as required by the Administrator.
  `(3) If revisions to the plan are not submitted and approved within a
  reasonable period, or if the State  or regional planning agency fails to
  implement and enforce an approved plan, the Administrator, after notice
  and opportunity for public hearing, shall withdraw approval of such plan.
  `(c) PLAN IMPLEMENTATION- Each State with an approved plan shall implement
  the plan in accordance with the schedule contained in the plan.
  `(d) TRANSITION PERIOD- During the period beginning on the date of the
  enactment of the Waste Management Act of 1992 and ending on the effective
  date of the regulations promulgated to implement the amendments made
  to this subtitle by such Act, a State that includes in its State plan
  regulations to implement the statutory requirements in section 4003(a)
  for a State plan (including incorporation of the applicable statutory
  requirements in part II of this subtitle in the State's permit program)
  shall be deemed to have an approved plan.
  `(e) STATE AUTHORITY TO PROHIBIT INTERSTATE TRANSPORTATION OF WASTE- (1)
  A State with an approved State plan and a certification of compliance as
  described in paragraph (2) is authorized--
  `(A) to prohibit the transportation of solid waste generated from outside
  the State into such State (or into a regional planning area within the
  State) for purposes of disposal, storage, or incineration in such State
  (or area), taking into account any regional contracts that have been
  operating in accordance with the purposes of this Act;
  `(B) to prohibit the incineration, storage, or disposal within such State
  or planning area of solid waste generated outside of such State, taking
  into account any regional contracts that have been operating in accordance
  with the purposes of this Act or taking into account waste type; and
  `(C) to levy fees on solid waste or transporters of solid waste that
  differentiate rates or other aspects of payment on the basis of waste origin.
  `(2) Before the authority described in paragraph (1) may be exercised,
  a State must certify (A) that it has completed construction on facilities
  that will provide at least 70 percent of the capacity for recycling,
  incineration, and disposal of solid waste that is needed to implement the
  State plan, and (B) that it has completed siting approval on facilities
  that will provide 100 percent of such needed capacity. Such certification
  shall be submitted to the Administrator in such form as the Administrator
  shall establish by regulation.
  `(3) Action by a State under this subsection may be taken only after notice
  and opportunity for public hearing.
  `(f) PROHIBITION ON INTERSTATE TRANSPORTATION OF WASTE- In the case of
  any State that--
  `(1) does not have an approved State plan at any time after the date which
  is 48 months after the enactment of the Waste Management Act of 1992;
  `(2) cannot certify continuing compliance with paragraph (1) of section
  4003(a); or
  `(3) for which the Administrator has withdrawn approval of the State plan;
the transportation of solid waste generated in such State to another State
for incineration, storage, or disposal is prohibited. Such prohibition does
not apply to materials separated from the waste stream for recycling purposes.
  `(g) EPA AUTHORITY TO DEVELOP PLAN- (1) In the case of any State that has not
  submitted a State plan at any time after the date which is 36 months after
  the  enactment of the Waste Management Act of 1992, the Administrator may
  develop a State plan for the State or for any regional planning area within
  the State and may charge the State for the direct costs of such development.
  `(h) DEFINITIONS- For purposes of this subtitle:
  `(1) The term `regional planning agency' means an agency identified and
  designated or established to develop a plan under section 4006(b) or an
  interstate agency or organization established or designated to develop a
  plan under section 4006(c).
  `(2) The term `regional planning area' means any area  or region within
  a State identified under section 4006 as appropriate for planning and
  carrying out regional solid waste management.'.
  (b) TABLE OF CONTENTS AMENDMENT- The table of contents for subtitle D
  (contained in section 1001) is amended by striking out the item relating
  to section 4007 and inserting in lieu thereof the following:
`Sec. 4007. Submission, approval, and implementation of State  plan.'.
SEC. 204. PERMITS FOR MANAGEMENT OF SOLID WASTE.
  (a) IN GENERAL- Subtitle D is amended by adding after section 4010 the
  following new section:
`SEC. 4011. PERMITS FOR MANAGEMENT OF SOLID WASTE.
  `(a) PERMIT REQUIREMENT- Not later than 24 months after the date of the
  enactment of the Waste Management Act of 1992, each State shall establish
  a permit program under which the State shall issue permits to facilities
  in the State that comply with all applicable requirements of the approved
  State plan (including protection of human health and the environment),
  with all applicable requirements of part II of this subtitle, and with all
  applicable requirements of State law. Not later than 36 months after the
  establishment of such a permit program in a State, the incineration, storage,
  or disposal of solid waste at, or the transportation of solid waste to,
  any facility that does not have a permit under such program is prohibited.
  `(b) TRANSITION- (1) During the period beginning on the date of the enactment
  of the Waste Management Act of 1992 and ending on the date which is 24
  months after a State permit program under this section is established, a
  facility in that State shall comply with the requirements of this subsection.
  `(2) In States with an existing system of solid waste management permitting
  or prior approval, existing units and units under construction on the date
  of the enactment of the Waste Management Act of 1992 shall obtain a permit
  or prior approval under such system no later than 12 months after the date
  of the enactment of the Waste Management Act of 1992, and new units shall
  obtain such a permit or prior approval before commencing construction.
  `(3) In States without an existing system of solid waste management
  permitting or prior approval, new and existing facilities shall submit
  to the State a notification and exposure assessment that contains, at a
  minimum, information regarding the facility's location, general facility
  information, waste types and volumes managed, number of households within
  one mile of the facility, facility monitoring programs and results, use
  of local surface water and ground waters, number of local drinking water
  wells, number of municipal water intakes  downstream from the facility,
  and any other information  deemed appropriate by the State in order to
  carry out the requirements of this subtitle. The information required under
  this subparagraph shall be submitted in such form and manner as the State
  requires in regulations. Existing facilities shall submit such information
  no later than  12 months after such date. New facilities shall submit such
  information before commencing operation. The State shall made available
  to the public any notifications submitted pursuant to this section.
  `(4) In addition to the requirements of paragraphs (2) and (3), any new
  surface impoundment or other land disposal unit, or any lateral expansion
  thereof, which commences construction or operation after a date which is
  12 months after the date of the enactment of the Waste Management Act
  of 1992 shall install at a minimum a system of groundwater monitoring
  in conformance with the existing requirements for municipal solid waste
  landfills as established by the Administrator or the State in which the
  unit is located pursuant to this Act.
  `(c) PERMIT TERM- Any permit issued by a State under this section shall be
  for a fixed term not to exceed 10 years, and shall be modified to require
  compliance with any applicable standard, guideline, or regulation promulgated
  under part II of this subtitle and part II of subtitle I within 18 months
  after promulgation of such standard, guideline, or regulation. Nothing
  in this subsection shall preclude a State from reviewing and otherwise
  modifying a permit at any time during its term.
  `(d) PERMIT VARIANCES- In exercising authority to issue permits under this
  section, a State may grant variances from the conditions of the permit
  with respect to the requirements contained in section 4202 (relating to
  landfills) and section 4204 (relating to industrial waste) if a permit
  holder or applicant or the State demonstrates that there will be no
  significant adverse effects on human health or the environment as a result
  of the variance.'.
  (b) TABLE OF CONTENTS AMENDMENT- The table of contents for subtitle D
  (contained in section 1001) is amended by adding at the end the following
  new item:
`Sec. 4011. Permits for management of solid waste.'.
Subtitle B--Provisions Relating to Federal Requirements
SEC. 221. GENERAL FEDERAL REQUIREMENTS FOR SOLID WASTE MANAGEMENT.
  (a) IN GENERAL- Subtitle D is amended by adding after section 4011 (as
  added by section 204) the following:
`PART II--FEDERAL SOLID WASTE MANAGEMENT REQUIREMENTS
`SEC. 4201. GENERAL REQUIREMENTS FOR SOLID WASTE MANAGEMENT.
  `(a) IN GENERAL- (1) The Administrator, after consultation with appropriate
  Federal and State agencies and other interested persons, shall develop
  and promulgate standards, guidelines, and regulations, as required by this
  part and by part II of subtitle I, by the following deadlines:
  `(A) For municipal solid waste landfills, not later than 12 months after
  the date of the enactment of the Waste Management Act of 1992.
  `(B) For municipal waste incinerators and incinerator ash, not later than 24
  months after the date of the enactment of the Waste Management Act of 1992.
  `(C) For industrial waste, not later than 24 months after the date of the
  enactment of the Waste Management Act of 1992.
  `(D) For above-ground storage tanks, not later than 18 months after the
  date  of the enactment of the Waste Management Act of 1992.
  `(2) Not later than 24 months after the date of the enactment of the Waste
  Management Act of 1992, and from time to time thereafter, the Administrator
  shall publish a notice in the Federal Register identifying any other
  solid waste categories for which standards, guidelines, or regulations are
  necessary or appropriate and specifying a schedule for the promulgation of
  those standards, guidelines, or regulations. The Governor of any State may
  petition the Administrator to propose standards, guidelines, or regulations
  for a category of waste or facility not described in this paragraph.
  `(b) PROTECTION OF HUMAN HEALTH AND ENVIRONMENT- The standards, guidelines,
  and regulations promulgated by the Administrator under this part and part
  II of subtitle I shall provide for the protection of human health and the
  environment from the solid wastes for each category or subcategory.'.
SEC. 222. MUNICIPAL SOLID WASTE LANDFILL REQUIREMENTS.
  (a) IN GENERAL- Subtitle D is further amended by adding after section 4201
  (as added by section 221) the following new section:
`SEC. 4202. MUNICIPAL SOLID WASTE LANDFILLS.
  `(a) IN GENERAL- Not later than 12 months after the date of the enactment
  of the Waste Management Act of 1992, the Administrator shall promulgate
  regulations for each new and existing landfill that contains, at a minimum,
  the following:
  `(1) Controls to detect and prevent the disposal of hazardous waste,
  nonhazardous bulk liquids, and nonhazardous liquids in containers (other
  than household wastes). Such controls shall include random inspections of
  incoming loads, inspection of suspicious loads, records of inspections,
  training of facility personnel to recognize illegal materials, procedures
  for notifying the proper authorities if any regulated hazardous waters
  are found, and precautions and penalties to prevent such offenses.
  `(2) Daily cover as necessary to control disease vectors, fires, odors,
  blowing litter, and scavenging.
  `(3) Landfill gas monitoring and controls to ensure that concentrations
  of explosive gases beneath, around, or in facility structures (excluding
  gas control or recovery components) shall not exceed 25 percent of the
  lower explosive limit for methane. Such concentrations shall not exceed
  the lower explosive limit at the property boundary (or perimeter of a
  dedicated buffer zone).
  `(4) Access controls to protect human health and the environment, to prevent
  unauthorized vehicular traffic, and to prevent illegal dumping of wastes.
  `(5) Run-on and run-off controls that will accommodate a 24-hour, 25-year
  storm without overtopping and with sufficient freeboard to accommodate
  expected set-up and wave action, diversion of all run-on around the landfill
  by means of ditches, berms, dikes or grading, and relocation of surface
  water bodies to flow around the perimeter of the landfill.
  `(6) Landfill closure that--
  `(A) minimizes the need for further maintenance; and
  `(B) ensures no adverse effect will be caused from postclosure releases
  to the ground water, surface water, or atmosphere.
  `(7) Closure and postclosure care plans which identify for each facility
  the steps necessary to ensure closure and postclosure care, time estimates,
  modifications to monitoring and collection systems, final cover, and cost
  estimates. The postclosure care period shall be determined by results from
  the monitoring in the landfill, including leachate quality and quantity
  and methane gas generation or some alternative.
  `(8) Financial responsibility for closure and postclosure care.
  `(9) Ground water monitoring.
  `(b) CORRECTIVE ACTION- Not later than 24 months after the date of the
  enactment of the Waste Management Act of 1992, the Administrator shall
  promulgate regulations establishing corrective action requirements for
  new and existing landfills.
  `(c) ADDITIONAL REQUIREMENTS- At a minimum, the regulations promulgated
  under this section shall require for each new landfill and lateral expansion
  to existing landfills the following requirements:
  `(1) Liners (natural or manmade materials or both) or in situ soil, or
  a combination of both, capable of preventing the migration of wastes or
  leachate out of the landfill to the aquifer or surface water during the
  active life of the facility and during the required postclosure care period.
  `(2) Leachate collection and removal systems, unless the owner or operator
  demonstrates to the satisfaction of the permitting authority that no leachate
  will be generated. The leachate collection and removal system shall be
  installed immediately above the liner, which shall be sufficiently permeable
  to allow the leachate collection and removal system to function efficiently.
  `(3) A construction quality assurance plan specifying the materials to be
  used in liner construction, the construction techniques, the engineering
  plans, the installation test procedures, and a description of the methods
  to be used to modify work which does not meet project specifications.
  `(4) Landfills shall not be located in the following locations:
  `(A) Within the 100-year flood plain unless it can be demonstrated by the
  owner or operator that engineering measures have been incorporated into the
  landfill design to ensure that the landfill will not restrict the flow of
  the 100-year base flood, reduce the temporary water shortage capacity of
  the flood plain, or result in the washout of solid waste so as to pose a
  hazard to human health or the environment.
  `(B) Within 200 feet of a fault that has had displacement in Holocene time.
  `(C) Within a seismic impact zone or other unstable areas unless it can be
  demonstrated by the owner or operator that engineering measures have been
  incorporated into the landfill design to ensure the structural stability
  of the landfill capable of protecting human health and the environment.
  `(d) Relationship to State Plans and Permits-
  `(1) STATE PLANS- Each State plan developed under part I of this subtitle
  shall include, for purposes of meeting the requirement of section
  4007(b)(7), a landfill program that meets the regulations promulgated by
  the Administrator under this section.
  `(2) STATE PERMITS- Any permit issued by a State pursuant to section
  4011 shall include conditions to assure compliance with the regulations
  promulgated by the Administrator under this section (as contained in the
  State landfill program in the State plan).'.
SEC. 223. MUNICIPAL SOLID WASTE INCINERATOR AND INCINERATOR ASH REQUIREMENTS.
  (a) IN GENERAL- Subtitle D is further amended by adding after section 4202
  (as added by section 222) the following new section:
`SEC. 4203. MUNICIPAL SOLID WASTE INCINERATORS AND INCINERATOR ASH.
  `(a) DEFINITIONS- For purposes of this section:
  `(1) MUNICIPAL SOLID WASTE INCINERATOR- The term `municipal solid waste
  incinerator' means an incinerator--
  `(A) which receives from offsite and burns principally--
  `(i) household waste (from single and multiple dwellings, hotels, motels,
  and other residential sources), or
  `(ii) such household waste together with solid waste from commercial,
  institutional, municipal, or industrial sources that, if disposed of,
  would not be required by subtitle C to be placed in a facility permitted
  under section 3005(c), and
  `(B) for which the incinerator owner or operator has established contractual
  requirements or other appropriate notification or inspection procedures
  sufficient to assure that the incinerator receives and burns principally
  waste referred to in subparagraph (A).
  `(2) MUNICIPAL SOLID WASTE INCINERATOR ASH- The term `municipal solid
  waste incinerator ash' means the residues resulting from the combustion
  of municipal solid waste in a municipal solid waste incinerator.
  `(b) APPLICATION OF SUBTITLE C- Municipal solid waste incinerators,
  and the generation, transportation, treatment, storage, disposal, reuse,
  and recycling of municipal solid waste incinerator ash shall be regulated
  under this section and not under subtitle C.
  `(c) AIR EMISSIONS- Nothing in this section shall authorize the Administrator
  to establish any requirements under this section applicable to emissions
  of any air pollutant into the ambient air from the stack of a municipal
  solid waste incinerator.
  `(d) MUNICIPAL WASTE STREAM GUIDELINES FOR INCINERATORS- Not later than 18
  months after the date of the enactment of the Waste Management Act of 1992,
  the Administrator shall, in consultation with State and local governments,
  publish guidelines identifying items or materials that should be removed
  (to the extent practicable) prior to incinerator from solid waste to be
  incinerated in a municipal solid waste incinerator because of the potential
  effects of the residues or other products of combustion on human health or
  the environment, taking into account the potential adverse effects on human
  health and the environment referred to in subsection (e)(1). The guidelines
  shall recommend methods for the removal and management of such items or
  materials from the municipal solid waste stream prior to incineration.
  `(e) Management of Municipal Solid Waste Incinerators and Municipal Solid
  Waste Incinerator Ash-
  `(1) IN GENERAL- Not later than 24 months after the date of the enactment of
  the Waste Management Act of 1992, the Administrator, in consultation with
  State and local governments, shall promulgate such regulations applicable
  to the operation and management of municipal solid waste incinerators, and
  to the management and handling of municipal solid waste incinerator ash, as
  may be necessary to protect human health and the environment, taking into
  account the potential adverse effects on human health and the environment
  associated with the management and handling of ash residues. The regulations
  shall include requirements applicable to the treatment, transportation,
  storage, reuse, recycling, and disposal of municipal solid waste incinerator
  ash. No person may operate a municipal solid waste incinerator after
  the effective date of regulations under this subsection unless adequate
  capacity is available to recycle, reuse, or dispose of the ash produced
  by the incinerator in compliance with this section.
  `(2) TRAINING, RECORDKEEPING, AND REPORTING; ASH MANAGEMENT PLANS- The
  regulations under this subsection also shall include criteria regarding
  the training of personnel operating any municipal solid waste incinerator
  and record keeping and reporting of information by the owner or operator
  of any such incinerator. The regulations also shall require the owner
  or operator of the incinerator to prepare an ash management plan that
  includes a reasonable demonstration of adequate capacity to recycle, reuse,
  or dispose of the ash produced by the incinerator in compliance with the
  requirements of this section. In the case of new or modified municipal
  solid waste incinerators, the plan shall demonstrate adequate capacity
  for the 5-year period following the effective date of regulations under
  this section or the date such incinerator commences operation, whichever
  is later. For purposes of the preceding sentence, the term `modified'
  means any physical change in, or change in the method of operation of,
  a municipal solid waste incinerator which significantly increases the
  amount of ash produced by such incinerator.
  `(3) WASTE STREAM- The regulations under this subsection shall require
  contractual arrangements or other appropriate notification or inspection
  procedures sufficient to assure that each municipal solid waste incinerator
  receives and burns only waste referred to in subparagraph (A) of subsection
  (a)(1). The Administrator also shall consider including in such regulations
  requirements (to the extent practicable) for the removal by the incinerator
  operator of items or materials from solid waste prior to incinerator in
  municipal solid waste incinerators.
  `(4) CLOSURE, POSTCLOSURE, FINANCIAL RESPONSIBILITY, AND CORRECTIVE ACTION-
  The regulations under this subsection also shall establish requirements for
  the proper closure of units treating, storing, or disposing of municipal
  solid waste incinerator ash, for the postclosure monitoring and care of such
  units, for assurances by the owner or operator of such units of financial
  responsibility, and for corrective action by such owner or operator.
  `(5) BOTTOM ASH, FLY ASH, AND COMBINED ASH- The regulations under this
  subsection may establish requirements that apply to fly ash separately,
  to bottom ash separately, or to the combination of fly ash and bottom ash.
  `(6) VERTICAL EXPANSION- Ash may not be disposed of in units that are created
  as a result of vertical expansion of an existing waste disposal facility
  unless the party proposing such disposal demonstrates, and the State finds,
  that there will be no settling of the waste upon which the proposed unit
  is to be built that would impair the integrity of the required liners.
  `(f) ASH DISPOSAL OPTIONS- (1) Except as provided in subsection (g),
  the regulations under subsection (e) regarding the disposal of municipal
  solid waste incinerator ash shall, at a minimum, require such ash to be
  disposed of as provided in one of the following subparagraphs:
  `(A) MONOFILL- Municipal solid waste incinerator ash may be disposed of
  in a solid waste management unit which meets the following requirements:
  `(i) The unit is used exclusively for the disposal of municipal solid
  waste incinerator ash.
  `(ii) The unit is located, designed, and operated so as to protect human
  health and the environment.
  `(iii) The unit has ground water monitoring and a leachate collection system.
  `(iv) The unit has a single composite liner designed, operated, and
  constructed of materials to prevent the migration of any constituents into
  and through such liner during such period as the unit remains in operation,
  including any postclosure monitoring period.
  `(B) LANDFILL WITH 2 LINERS- Municipal solid waste incinerator ash may be
  disposed of in a landfill which meets the following requirements:
  `(i) The landfill is located, designed, and operated so as to protect
  human health and the environment.
  `(ii) The landfill has ground water monitoring and leachate collection
  systems above and between the liners.
  `(iii) The landfill has 2 composite liners. The liners shall be designed,
  operated, and constructed of materials to prevent the migration of any
  constituent into and through such liners during the period the facility
  remains in operation and for any postclosure monitoring period.
  COMPOSITE LINER- For purposes of paragraph (1), the term `composite liner'
  means a liner which consists of a flexible membrane liner and compacted clay
  or other natural material with a hydraulic conductivity of no more than 1
  `(3) ALTERNATIVE DESIGN REQUIREMENTS- The design requirements of paragraphs
  (1)(A) and (1)(B) shall not apply if the owner or operator of a solid waste
  management unit utilizing an alternative design demonstrates to the State,
  and the State finds, that the alternative design and operating practices,
  together with location characteristics, will prevent the migration of any
  hazardous constituent into the ground water or surface water at least as
  effectively as the design requirements of paragraphs (1)(A) and (1)(B)
  of this subsection.
  `(g) EXCEPTION BASED ON TESTING- The Administrator shall prescribe criteria
  and testing procedures for identifying the properties of municipal solid
  waste incinerator ash that may result in entry into ground water or
  surface water in such manner as may pose a hazard to human health or the
  environment. The Administrator shall prescribe such criteria and testing
  procedures not later than 24 months after the date on the enactment of
  the Waste Management Act of 1992. Based on such criteria and testing
  procedures, the regulations under subsection (e) shall permit municipal
  incinerator ash which does not exhibit any of the properties identified
  in such criteria to be disposed of in a landfill meeting the criteria
  promulgated under section 4004(a), if such landfill has dust emission
  controls and restrictions on entry to the landfill during such period as
  the landfill remains in operation and for any postclosure monitoring period.
  `(h) RECYCLING AND REUSE- (1) The regulations under subsection (e) also
  shall include such requirements applicable to the reuse and recycling
  of municipal solid waste incinerator ash as may be necessary to protect
  human health and the environment. Such regulations shall include such
  criteria and testing procedures as may be necessary to protect human
  health or the environment from such recycling or reuse. In developing such
  regulations, the Administrator shall consider all potential pathways of
  human and environmental exposure, including both short term and long term,
  to hazardous constituents of such ash from such recycling and reuse. The
  pathways to be considered shall include, but not be limited to, inhalation,
  ingestion as a consequence of incorporation of the ash or any hazardous
  constituent into the food chain, ingestion of potable water or aquatic
  organisms contaminated by surface runoff, leaching, or percolation of
  such ash or its hazardous constituents into gound water or surface water,
  ingestion or inhalation of soil particles contaminated with such ash,
  and dermal contact with such ash. At a minimum the Administrator shall
  consider, with respect to such recycling and reuse, appropriate methods
  to determine leaching, total chemical analysis, respirability, and toxicity.
  `(2) Such regulations shall require treatment of municipal incinerator
  ash before any such ash is recycled or reused if, based on the exposure
  considerations described in paragraph (1) and the use of criteria and
  testing procedures included in the regulations under paragraph (1), the
  Administrator determines that such ash requires such treatment prior to the
  reuse or recycling in order to protect human health and the environment. Any
  treatment requirements included in the regulations shall not apply to the
  recycling and reuse of scrap metal from municipal solid waste incinerator
  ash. Such regulations shall specify those levels or methods of treatment
  that, taking into account the potential pathways of exposure identified
  in paragraph (1)--
  `(A) substantially reduce the likelihood of migration of ash or its hazardous
  constituents so that short-term and long-term threats to human health and
  the environment are minimized;
  `(B) satisfy any criteria and testing procedures included in the regulations
  under paragraph (1); and
  `(C) assure that the recycling or reuse of such ash is protective of human
  health and the environment.
  `(i) RELATIONSHIP TO STATE PLANS AND PERMITS-
  `(1) STATE PLANS- Each State plan developed under part I of this subtitle
  shall include, for purposes of meeting the requirement of section 4007(b)(7),
  a program for the management of municipal solid waste incinerators and
  municipal solid waste incinerator ash in accordance with the guidelines
  and regulations promulgated by the Administrator under this section.
  `(2) STATE PERMITS- Any permit issued by a State pursuant to section
  4011 shall include conditions to assure compliance with the guidelines and
  regulations promulgated by the Administrator under this section (as contained
  in the State incinerator management program in the State plan). Beginning 4
  years after the date of the enactment of the Waste Management Act of 1992,
  no person may operate a municipal solid waste incinerator and no person
  may receive municipal solid waste incinerator ash for treatment, storage,
  or disposal or for reuse or recycling without such a permit.
  `(j) OBTAINING INFORMATION- The Administrator may use the authorities of
  section 3007 for purposes of this section. For purposes of section 3007
  the term `hazardous wastes' in section 3007 shall be deemed to include
  municipal incinerator ash.
  `(k) CIVIL PENALTIES AGAINST LOCAL GOVERNMENTS- Any civil penalties imposed
  by a court against a unit of local government for a violation of this section
  shall be paid into a trust fund or comparable mechanism established by the
  State and shall be applied in support of public programs or activities,
  as authorized by the State (or fund administrator appointed by the State),
  that serve to enhance the protection of human health and the environment
  of the residents of such unit of local government.
  `(l) EFFECTIVE DATE OF REGULATIONS- The regulations under this section
  shall take effect 6 months after the date of their promulgation (or 6 months
  after the date of revision in the case of a revised regulation) unless the
  Administrator, for good cause, establishes an alternative effective date and
  publishes such alternative effective date and the reasons for selecting such
  date together with the regulation. The requirements set forth in paragraphs
  (1) and (2) of subsection (f) shall be effective no later than 4 years
  after the date of the enactment of the Waste Management Act of 1992. If
  the Administrator fails to promulgate regulations under subsection (e)
  with an effective date no later than 4 years after such date of enactment,
  no person may dispose of ash in a landfill unless such landfill satisfies
  the requirements of paragraph (1) or (2) of subsection (f). No alternative
  effective date may extend such 4-year period with respect to the minimum
  requirements established in paragraph (1) or (2) of subsection (f).
  `(m) TRANSITION PERIOD-
  `(1) INTERIM RULES- The Administrator shall publish interim rules within 90
  days after the date of the enactment of the Waste Management Act of 1992 to
  apply to the handling and transportation of municipal solid waste incinerator
  ash and operating controls for ash disposal units during the period after
  such date of enactment and before the effective date of regulations under
  this section. The interim rules shall include provisions regarding dust
  emission controls, run-on and run-off controls, surface water and access
  controls, closure and post-closure care, and ground water monitoring.
  `(2) MANAGEMENT- During the period referred to in paragraph (1), municipal
  solid waste incinerator ash shall be managed in accordance with the interim
  rules under paragraph (1). In any case in which an ash management unit has
  received a permit or for which a permit application has been deemed complete
  by the State during that period, the permit shall require that the ash
  management unit shall meet the requirements of subsection (f). Such permit
  shall be for a term of not more than 5 years, during which time the unit
  shall be deemed to be in compliance with regulations pertaining to liners
  and leachate collection that may be established pursuant to subsection (e)
  before the expiration of the permit, and with the requirements listed in
  paragraph (3). Only one such permit may be issued to a facility and such
  permit may not be renewed.
  `(3) DISPOSAL- During the period beginning 10 months after such date of
  enactment and ending on the date that the requirements of subsection (e)
  become effective, ash from municipal solid waste incinerators shall be
  disposed of only in a landfill that meets the following requirements:
  `(A) A landfill that meets the criteria promulgated under section 4004(a).
  `(B) Following the revision of such criteria in accordance with section
  4010(c), a landfill that meets the revised criteria promulgated under
  section 4004(a).
  `(C) A landfill with a program of ground water monitoring, except that in
  no event may such ash be disposed of in a solid waste management unit--
  `(i) from which the Administrator or the State has determined there is
  a release as defined under the Comprehensive Environmental Response,
  Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), or
  `(ii) that is in violation of the Environmental Protection Agency's or
  the State's regulations or other requirements, including requirements in
  the unit's operating permit, governing releases from the unit into ground
  water or surface water.
  `(D) A landfill having a liner or leachate collection system, or both,
  whenever capacity is reasonably available in such a landfill, taking into
  account the costs of such disposal, and such landfill also meets the other
  requirements of this subsection.
  `(4) RECYCLING OR REUSE- During the period referred to in paragraph (1),
  municipal solid waste incinerator ash which has not been treated may not
  be recycled or reused unless--
  `(A) no regulated metal leached from such ash in the extraction procedure
  toxicity test prescribed by the Administrator under section 3001, when
  administered on a routine basis, exceeds the drinking water standard for
  such metal under title XIV of the Public Health Service Act (42 U.S.C. 300f
  et seq.),
  `(B) such ash passes any other toxicity test prescribed by the Administrator
  under section 3001, when administered on a routine basis, and
  `(C) such recycling or reuse is approved pursuant to a State system of
  prior approval or permitting.
The prohibition contained in the preceding sentence shall not apply to the
recycling and reuse of scrap metal from municipal solid waste incinerator
ash. Such prohibition also shall not apply to recycling or reuse, conducted
for the purposes of research and development under the auspices of the
Administrator or the State, to determine the efficacy and performance
capabilities of a particular recycling or reuse technology or process and the
effects of such technology or process on human health or the environment. Such
recycling or reuse shall terminate upon order of the Administrator or the
State at any time the Administrator or the State determines that termination
is necessary to protect human health or the environment.'.
  (b) REPEAL- Subsection (i) of section 3001 of the Solid Waste Disposal Act
  (42 U.S.C. 6921(i)) is repealed.
SEC. 224. INDUSTRIAL SOLID WASTE REQUIREMENTS.
  `(a) IN GENERAL- Subtitle D is amended by adding after section 4023 (as
  added by section 223) the following new section.
`SEC. 4204. INDUSTRIAL WASTE.
  `(a) IDENTIFICATION AND CLASSIFICATION OF INDUSTRIAL WASTE- (1) The
  Administrator shall identify and classify by (at a minimum) volume or
  quantity, character, and management practices the following types of waste:
  `(A) Drilling fluids, produced waters, and other wastes associated with
  the exploration, development, or production of crude oil or natural gas
  or geothermal energy.
  `(B) Solid wastes from active and reactivated surface and underground mines.
  `(C) Sludges other than sewage sludge.
  `(D) Wastes generated from the combustion of coal and other fossil fuels,
  including fly ash waste, bottom ash waste, slag waste, flue gas emission
  control waste, and other byproduct materials generated primarily from the
  combustion of coal or other fossil fuels.
  `(E) Cement kiln dust waste.
  `(F) Solid waste from the extraction, beneficiation, and processing of ores
  and minerals, including phosphate rock and overburden from uranium mining.
  `(G) All other nonhazardous industrial waste covered by this section.
In carrying out the requirement of this paragraph, the Administrator shall take
into account any studies that have already been conducted (or are underway)
regarding the wastes, including those carried out pursuant to section 8002.
  `(2) The Administrator shall prepare a preliminary report on the results
  of the identification and classification of the wastes under paragraph
  (1), including findings and recommendations. Such report shall be revised
  following receipt of the information obtained pursuant to subsection
  (b). A copy of each such report shall be submitted to each State and to
  the Congress.
  `(3) The identification and classification under paragraph (1), and the
  preliminary report under paragraph (2), shall be completed, and submitted
  as provided under paragraph (2), not later than 12 months after the date
  of the enactment of the Waste Management Act of 1992. The revised report
  under paragraph (2) shall be completed, and submitted as provided under
  paragraph (2), not later than 27 months after the date of the enactment
  of the Waste Management Act of 1992.
  `(b) NOTIFICATION REQUIREMENT- Not later than 90 days after the preliminary
  report required by subsection (a)(2) is submitted to the States and to
  the Congress, any person generating or transporting a waste identified in
  the report, or owning or operating a facility for the treatment, storage,
  or disposal of any such waste, shall file with the State (in which the
  activity is carried out or the facility is located) a notification stating
  the location and general description of the activity and the wastes handled
  by such person. Each State shall submit the information received under
  this subsection to the Administrator within 30 days after receipt.
  `(c) MANAGEMENT OF INDUSTRIAL WASTE-
  `(1) IN GENERAL- Not later than 36 months after the date of the enactment of
  the Waste Management Act of 1992, the Administrator, in consultation with
  State and local governments, shall promulgate such regulations applicable
  to the management of industrial waste as may be necessary to protect human
  health and the environment, taking into account the potential adverse
  effects on human health and the environment associated with the handling
  of such waste. In promulgating such regulations, the Administrator may
  differentiate between new and existing facilities and among categories
  and subcategories of industrial waste.
  `(2) MINIMUM REQUIREMENTS- The regulations under this section shall include,
  at a minimum, requirements for industrial waste facilities with respect
  to the following:
  `(A) Authorization to operate.
  `(B) Monitoring of ground water, surface water, air, soils, and structural
  stability. The requirements for monitoring of surface water shall not be
  duplicative of requirements under the Federal Water Pollution Control Act
  (33 U.S.C. 1251 et seq.). The requirements for monitoring of air shall not be
  duplicative of requirements under the Clean Air Act (42 U.S.C. 7401 et seq.).
  `(C) Reporting and recordkeeping, including a requirement that information
  on waste quantities, types, and management methods shall be reported to
  the State periodically.
  `(D) Appropriate performance standards.
  `(E) Financial responsibility assurances for closure, postclosure, and
  possible releases from the facility as a result of ongoing operations.
  `(d) GUIDELINES- (1) The Administrator shall publish industrial waste
  management guidelines relating to design and operating criteria, closure
  and postclosure criteria, and corrective action that States may adopt in
  their State plan.
  `(2) The design and operating criteria shall include general criteria
  to meet performance standards promulgated under subsection (c)(2) and to
  protect human health and the environment, and specific criteria relating
  to run-on and run-off control systems, surface impoundments (including
  production units with potential to pollute), protection of plants and
  wildlife, and site-specific characteristics.
  `(3) The closure and postclosure criteria shall include criteria relating to
  performance standards, monitoring, site access and control, certification
  of closure, and release from requirements to have assurance of financial
  responsibility.
  `(4)(A) Except as provided in subparagraph (B), the Administrator shall
  publish the guidelines required by this subsection not later than 36 months
  after the date of the enactment of the Waste Management Act of 1992.
  `(B) The Administrator shall publish the guidelines for corrective action
  not later than 48 months after the date of the enactment of the Waste
  Management Act of 1992. Each affected State shall begin implementation of
  corrective action programs taking into account such guidelines not later
  than 24 months after publication and shall complete implementation not
  later than 48 months after publication.
  `(e) RELATIONSHIP TO STATE PLANS AND PERMITS-
  `(1) STATE PLANS- Each State plan developed under part I  of this subtitle
  shall include, for purposes of meeting the requirement of section 4007(b)(7),
  (A) a program for the management of industrial waste in accordance with
  the regulations promulgated by the Administrator under this section;
  and (B) a prohibition on the establishment of any new industrial waste
  facility, or the continued operation of any existing industrial waste
  facility, in the State if such facility does not meet the requirements of
  such program. The State plan need not include adoption of the guidelines
  published under subsection (d) in order to be approved. In the case of a
  State that does not have mining and mineral processing facilities; oil,
  gas, or geothermal exploration, development, and production facilities;
  or solid waste management units for waste generated from such facilities,
  the State may include in the plan, in lieu of provisions in the program
  for such facilities, a statement that the State does not have facilities
  for which those provisions of the waste management program are needed.
  `(2) STATE PERMITS- Any permit issued by a State pursuant to section
  4011 shall include conditions to assure compliance with the regulations
  promulgated by the Administrator under this section (as contained in
  the State industrial waste management program in the State plan). In
  establishing conditions for a permit for a facility, the State shall take
  into account factors that are specific to the site of that facility (such
  as geologic circumstances).
  `(f) DEFINITIONS- For purposes of this section:
  `(1) The term `industrial waste' means solid waste that is not a
  hazardous waste and that results from industrial, commercial, mining,
  or agricultural operations. Such term includes solid waste from the
  extraction, beneficiation, and processing of ores and minerals; drilling
  fluids, produced wastes, and other wastes associated with the exploration,
  development, or production of crude oil, natural gas, or geothermal energy;
  and geothermal wastes.
  `(2) The term `industrial waste facility' means any facility that--
  `(A) produces industrial waste and treats, stores, or disposes of such
  waste onsite; or
  `(B) receives industrial waste from offsite and treats, stores, or disposes
  of such waste.
  `(g) APPLICABILITY-
  `(1) FACILITIES- Except as provided in subsection (h), this section applies
  to the following types of industrial waste facilities:
  `(A) ACTIVE- An industrial waste facility or portion of a facility that,
  after the effective date of the regulations under this section, produces
  industrial waste or receives such waste and is not implementing a closure
  or postclosure plan.
  `(B) INACTIVE BUT REACTIVATED- An inactive industrial waste facility
  that is reactivated after the effective date of regulations under this
  section. For purposes of this paragraph, an `inactive facility' is one
  in which operations or units of the facility, or portions thereof, are
  used or operated intermittently or periodically but not presently, or are
  temporarily abandoned.
  `(C) ABANDONED BUT REACTIVATED- An abandoned industrial waste facility
  that is reactivated after the effective date of regulations under this
  section. For purposes of this paragraph, an `abandoned facility' is one
  which has ceased to produce or receive industrial waste, with no reasonable
  prospect of producing or receiving such waste in the foreseeable future.
  `(2) WASTES- Except as provided in subsection (h), this section applies
  to all industrial waste.
  `(h) EXCEPTIONS- (1) This section does not apply to any facility or waste
  that is regulated or managed under a subtitle of this Act other than
  this subtitle.
  `(2) This section does not apply to the following activities:
  `(A) Disposal of waste by underground well injection pursuant to the
  underground injection control program under title XIV of the Public Health
  Service Act (commonly known as the Safe Drinking Water Act; 42 U.S.C. 300f
  et seq.).
  `(B) Activities regulated under the Surface Mining Control and Reclamation
  Act (30 U.S.C. 1201 et seq.).
  `(C) Activities permitted under the Uranium Mill Tailings Radiation Control
  Act of 1978 (42 U.S.C. 7901 et seq.).
  `(D) Activities regulated under permits issued pursuant to section 402 or
  404 of the Federal Water Pollution Control Act (33 U.S.C. 1342 or 1344),
  except that mine waste disposal units in dredge and fill situations must
  also meet the performance standards promulgated in regulations pursuant
  to subsection (c)(2).
  `(i) RELATIONSHIP TO OTHER PROVISIONS- Nothing in this section shall be
  construed as altering or affecting the Administrator's authorities or
  responsibilities under any other provision of this Act.'.
  (b) AMENDMENT TO SUBTITLE H- Section 8002 is amended by adding at the end
  the following new subsection:
  `(t) OTHER NONHAZARDOUS INDUSTRIAL WASTE- The Administrator shall conduct a
  detailed and comprehensive study of the adverse effects on human health and
  the environment, if any, of the disposal of other nonhazardous industrial
  waste as identified pursuant to section 4204(a). Such study shall include
  an analysis of--
  `(1) the source and volumes of such materials generated per year;
  `(2) present management practices;
  `(3) potential danger, if any, to human health and the environment from
  the disposal of such materials;
  `(4) documented cases in which danger to human health or the environment
  has been proved;
  `(5) alternatives to current disposal methods;
  `(6) the costs of such alternatives;
  `(7) the impact of those alternatives on the use of natural resources; and
  `(8) the current and potential utilization of such materials.
As part of the study, the Administrator shall review studies and other actions
of other Federal and State agencies concerning such waste or materials and
invite participation by other concerned parties, including industry and
other Federal and State agencies, with a view toward avoiding duplication of
effort. The Administrator shall publish a report of such study, which shall
include appropriate findings, not later than 12 months after the date of
enactment of the Waste Management Act of 1992. Such report shall be submitted
to Congress.'.
SEC. 225. SOLID WASTE STORAGE REQUIREMENTS.
  Subtitle D is amended by adding after section 4204 (as added by section 224)
  the following new section:
`SEC. 4205. SOLID WASTE STORAGE.
  `Not later than 1 year after the date of the enactment of the Waste
  Management Act of 1992,  the Administrator shall promulgate, after notice
  and opportunity for public comment, regulations for the storage og solid
  waste. At a minimum, such regulations shall specify those requirements
  necessary to ensure that solid waste is stored safely and for no longer
  than a reasonable period of time. The regulations shall exclude storage at
  transportation-related facilities including loading docks, parking areas,
  storage areas, transfer stations, and other similar areas where shipments
  of solid waste are held during the normal course of transportation. The
  regulations shall include storage of materials for recycling purposes.'.
SEC. 226. TABLE OF CONTENTS AMENDMENT.
  The table of contents for subtitle D (contained in section 1001) is amended
  by inserting after the item relating to section 4011 the following:
`Part II--Federal Solid Waste Management Requirements
`Sec. 4201. General requirements for solid waste management.
`Sec. 4202. Municipal solid waste landfills.
`Sec. 4203. Municipal solid waste incinerators and incinerator ash.
`Sec. 4204. Industrial waste.
`Sec. 4205. Solid waste storage.'.
Subtitle C--Other Provisions
SEC. 241. REORGANIZATION OF SUBTITLE.
  (a) SUBTITLE HEADING- The heading of subtitle D is amended to read as
  follows:
`Subtitle  D--Solid Waste Management'.
  (b) PART HEADING- Subtitle D is amended by inserting after the subtitle
  heading the following:
`PART I--STATE OR REGIONAL SOLID WASTE PLANS'.
  (c) CONFORMING AMENDMENTS TO TABLE OF CONTENTS- Section 1001 is amended
  in the table of contents by striking out the item relating to subtitle D
  and inserting in lieu thereof the following:
`Subtitle D--Solid Waste Management
`PART I--STATE OR REGIONAL SOLID WASTE PLANS'.
SEC. 242. OBJECTIVES OF SUBTITLE.
  Section 4001 is amended by adding at the end the following new sentence:
  `The objectives of this subtitle also are (1) to further establish and
  augment the integrity of the States in planning, implementing, and enforcing
  the provisions of this subtitle; (2) to assist the States in achieving the
  national goals established by this Act; and (3) to provide for the States
  a national perspective for provision of protection to human health and the
  environment as appropriate to management of waste materials to which this
  subtitle applies.'.
SEC. 243. APPLICABILITY OF SUBTITLE.
  Subtitle D is amended by inserting after section 4206 (as added by section
  226) the following:
`PART III--OTHER PROVISIONS
`SEC. 4301. APPLICABILITY OF SUBTITLE.
  `This subtitle applies to all solid waste (as defined in section 1004(27))
  except hazardous waste subject to subtitle C.'.
SEC. 244. INVENTORY OF SOLID WASTE.
  Subtitle D is amended by adding after section 4301 (as added by section 242)
  the following new section:
`SEC. 4302. INVENTORY OF SOLID WASTE.
  `(a) INVENTORY- The Administrator, in consultation with the States and
  taking into account the information contained in each State plan, shall
  compile, and periodically update, an inventory of solid waste (other than
  solid waste that is hazardous waste) in the Nation to determine, by State
  or region, the following:
  `(1) An estimate of the amount of such waste generated annually and the
  amount likely to be generated in each of the next 20 years.
  `(2) The capacity of existing and proposed waste management facilities,
  including facilities for storage, processing, recovery, recycling, and
  disposal of waste (including incinerators, waste processing and recycling
  facilities, and landfills).
  `(b) REPORT- The inventory compiled pursuant to subsection (a) shall be
  included in the annual report submitted under section 2006.'.
SEC. 245. ADDITIONAL FEDERAL ENFORCEMENT AUTHORITIES.
  (a) IN GENERAL- Subtitle D is amended by adding after section 4302 (as
  added by section 244) the following new section:
`SEC. 4303. FEDERAL ENFORCEMENT.
  `(a) COMPLIANCE ORDERS- (1) Except as provided in paragraph (2), whenever on
  the basis of any information the Administrator determines that any person
  has violated or is in violation of any requirement of this subtitle or of
  any permit issued by a State pursuant to section 4011, the Administrator
  may issue an order assessing a civil penalty for any past or current
  violation, requiring compliance immediately or within a specified time
  period, or both, or the Administrator may commence a civil action in the
  United States district court in the district in which the violation occurred
  for appropriate relief, including a temporary or permanent injunction.
  `(2) In the case of a violation of any requirement of this subtitle or of
  any permit, where such violation occurs in a State that has certified its
  authority under section 4011(c) to issue permits, the Administrator shall
  give notice to the State in which such violation has occurred at least
  60 days prior to issuing an order or commencing a civil action under this
  section. The Administrator shall take no further action under this section
  with respect to the violation if, within 60 days of the Administrator's
  notice, the State has commenced and is prosecuting, or has prosecuted,
  an administrative, civil, or criminal action before a duly authorized
  State agency or before a court of the United States or a State to require
  compliance with such requirement.
  `(3) Any order issued pursuant to this subsection may include a suspension
  or revocation of any permit issued by a State under this subtitle and shall
  state with reasonable specificity the nature of the violation. Any penalty
  assessed in the order shall not exceed $25,000 per day of noncompliance
  for each violation of a requirement of this subtitle. In assessing such a
  penalty, the Administrator shall take into account the seriousness of the
  violation and any good faith efforts to comply with applicable requirements.
  `(b) PUBLIC HEARINGS- Any order issued under this section shall become
  final unless, not later than 30 days after the order is served, the person
  or persons named therein request a public hearing. Upon such request the
  Administrator shall promptly conduct a public hearing. In connection with any
  proceeding under this section, the Administrator may issue subpoenas for the
  attendance and testimony of witnesses and the production of relevant papers,
  books, and documents, and may promulgate rules for discovery procedures.
  `(c) VIOLATION OF COMPLIANCE ORDERS- If a violator fails to take corrective
  action within the time specified in a compliance order, the Administrator may
  assess a civil penalty of not more than $25,000 for each day of continued
  noncompliance with the order and the Administrator may suspend or revoke
  any permit issued to the violator.
  `(d) CIVIL PENALTY- Any person who violates any requirement of this subtitle
  or any permit issued pursuant to section 4011 shall be liable to the United
  States for a civil penalty in an amount not to exceed $25,000 for each such
  violation. Each day of violation shall, for purposes of this subsection,
  constitute a separate violation.
  `(e) CRIMINAL PENALTY- Any person who knowingly violates any requirement of
  this subtitle or any permit issued pursuant to section 4011 or any person
  who misrepresents or falsifies any information required under this subtitle
  or any permit issued pursuant to section 4011 shall, in addition to or in
  lieu of any civil penalty which may be imposed under subsection (d) for
  such violation, be subject, upon conviction, to a fine in accordance with
  title 18, United States Code, for each day of violation, or to imprisonment
  for not more than 1 year, or both.
  `(f) OBTAINING INFORMATION- For purposes of enforcing this subtitle,
  the Administrator may use the authorities available under sections 3007
  and 3013. In applying each such section, the term `hazardous wastes'
  is deemed to include solid waste generated in the State.'.
  (b) CLARIFICATION OF CITIZEN SUIT AUTHORITY- Section 7002(a)(1)(A)
  is amended by inserting before the semicolon the following: `(including
  pursuant to a State hazardous waste program authorized under section 3006
  or a State solid waste management plan developed under subtitle D)'.
SEC. 246. RETENTION OF STATE AUTHORITY.
  Subtitle D is amended by adding after section 4303 (as added by section 245)
  the following new section:
`SEC. 4304. RETENTION OF STATE AUTHORITY.
  `Nothing in this subtitle shall be construed to prohibit any State or
  political subdivision of a State from imposing any requirement respecting a
  matter governed by this subtitle which is more stringent than any requirement
  established by this subtitle.'.
SEC. 247. TABLE OF CONTENTS AMENDMENT.
  The table of contents for subtitle D (contained in section 1001) is amended
  by adding after the items relating to part II (as added by this Act)
  the following:
`Part III--Other Provisions
`Sec. 4301. Applicability of subtitle.
`Sec. 4302. Inventory of solid waste.
`Sec. 4303. Federal enforcement.
`Sec. 4304. Retention of State authority.'.
TITLE III--PROVISIONS RELATING PRIMARILY TO SUBTITLE H OF THE SOLID WASTE
DISPOSAL ACT
SEC. 301. MODEL RECYCLING PROGRAMS.
  Section 8005 is amended by adding at the end the following new subsection:
  `d) MODEL RECYCLING PROGRAMS- (1) The Administrator shall develop model
  recycling programs for the purpose of general or widespread adoption by
  States and municipalities, including model programs for--
  `(A) recycling in rural areas, identifying the collection methods, recycling
  techniques and technologies, markets for recycled materials, methods for
  stimulating such markets, methods of financing necessary investments,
  and education and training programs that are appropriate for successful
  recycling in rural areas;
  `(B) recycling of small batteries from household and electronic applications;
  and
  `(C) recycling of material from used tires.
  `(2) The Administrator shall arrange for such model programs to be
  demonstrated at pilot scale by selected States and municipalities.'.
SEC. 302. MUNICIPAL INNOVATIVE TECHNOLOGIES.
  (a) IN GENERAL- Subtitle H is further amended by adding at the end the
  following new section:
`SEC. 8009. MUNICIPAL INNOVATIVE TECHNOLOGIES.
  `The Administrator shall carry out a continuing program to evaluate
  demonstrated waste management technologies that could be used by
  municipalities in the management of municipal solid waste and shall
  periodically publish reports on such evaluations. Such program shall be
  in full operation not later than one year after the date of the enactment
  of the Waste Management Act of 1992.'.
  (b) TABLE OF CONTENTS AMENDMENT- The table of contents for subtitle H
  (contained in section 1001) is amended by adding at the end the following
  new item:
`Sec. 8009. Municipal innovative technologies.'.
SEC. 303. RECYCLING GRANTS.
  (a) IN GENERAL- Subtitle H is further amended by adding after section 8009
  (as added by section 302) the following new section:
`SEC. 8010. RECYCLING GRANTS.
`(a) GRANTS AUTHORIZED- The Administrator may make grants to any county or
municipality for purposes of developing and implementing recycling programs
and developing markets for recycled materials.
  `(b) FUNDING- In addition to amounts otherwise authorized by this Act,
  there is authorized to be appropriated $12,000,000 for each of fiscal
  years 1993 through 1996 for grants under this section.
  `(c) REGULATIONS- The Administrator shall promulgate regulations setting
  forth eligibility criteria, application procedures, and such other
  requirements for grants under this section as the Administrator considers
  appropriate.'.
  (b) TABLE OF CONTENTS AMENDMENT- The table of contents for subtitle H
  (contained in section 1001) is amended by adding at the end the following
  new item:
`Sec. 8010. Recycling grants.'.