Resource Conservation and Recovery Act Amendments of 1979

(Measure passed House, amended, roll call #61 (386-10))

Resource Conservation and Recovery Act Amendments of 1979 - Authorizes appropriations for carrying out specified programs under the Solid Waste Disposal Act for fiscal year 1980.

Amends the Resource Conservation and Recovery Act of 1976 to exempt existing waste water treatment facilities from certain permit requirements of such Act if the permit applicant demonstrates that no significant release of hazardous wastes into underground water supplies will occur. Defines "existing waste water treatment facility" as a lagoon, surface impoundment or basin which is part of a facility operated for the sole purpose of treating waste water to meet the requirements of the Clean Water Act and which was in operation or under construction before promulgation of such permit requirements.

Repeals provisions of the Solid Water Disposal Act which provide grants for discarded tire disposal.

Directs the Administrator of the Environmental Protection Agency to review regulations applicable coal mining wastes and overburden promulgated by the Secretary of the Interior and to transmit suggested revisions of such regulations to the Secretary.

Directs the Administrator of the Environmental Protection Agency to establish separate standards for new and for existing hazardous waste treatments, storage, and disposal facilities.

Excludes drilling fluids, produced waters, and other wastes associated with crude oil and natural gas exploration, development, and production from the definition of hazardous waste under the Solid Waste Disposal Act.

Requires the Environmental Protection Agency (EPA) to conduct a study of the adverse effects of coal ash and other fossil fuel wastes, uranium, phosphate, and other mining wastes, and cement kiln dust wastes on the environment. Authorizes the EPA to enter any establishment to inspect, take samples, and conduct monitoring and testing and to have access to and copy records relating to such wastes. Prescribes criminal penalties for unauthorized disclosure of any confidential information obtained. Requires the Administrator to report the results of such study to specified congressional committees. Directs the Administrator, six months after such study, to determine whether regulation of such wastes is necessary.

Grants interim permit status to any individual owning or operating a hazardous waste facility in existence on the effective date of applicable regulations under the Solid Waste Disposal Act.

Provides that regulations and permit requirements promulgated under this Act shall not apply to coal mining wastes and overburden which are covered by a permit and reclamation plan issued by the Office of Surface Mining.

Expands the authority of the Administrator to request information or examine the records of any individual who has ever handled hazardous wastes.

Amends the Solid Waste Disposal Act to impose criminal penalties on any person who: (1) knowingly handles any hazardous waste and who destroys, alters, or conceals records maintained in connection with the handling of such waste; and (2) transports, treats, stores, or disposes of such waste in reckless disregard of the substantial danger or risk to human life or health. Increases the penalties for certain violations. Repeals the notification requirement and the 30 day grace period for violators of any requirement of such Act.

Expands the scope of the grant program for State hazardous waste programs to include grants for the development and execution of programs to protect health and the environment from inactive hazardous waste facilities.

Directs each State to undertake a continuing program to compile, publish, and submit to the Administrator an inventory of hazardous waste storage and disposal sites, including: (1) their locations; (2) the amount, nature, and toxicity of the hazardous wastes at each such site; (3) the name and address, or corporate headquarters of, the owner of each such site; (4) an identification of the types or techniques of waste treatment or disposal which have been used; and (5) information concerning the current status of the sites. Directs the Administrator to conduct an inventory program in any State which fails to provide, or adequately provide such information. Authorizes the Administrator to make grants to States for the purpose of carrying out inventory programs. Authorizes appropriations for such purposes.

Permits the Administrator, upon determining that a hazardous waste facility may present a substantial hazard to human health or the environment, to issue an order requiring the individual who owns or operates the facility to perform monitoring, testing, analysis, and reporting necessary to ascertain the extent of the threat.

Provides that in the case a facility not in operation at the time of such determination the most recent previous owner or operator who has actual knowledge of the presence of hazardous wastes shall carry out such testing. Allows the Administrator to carry out or authorize a State or local authority to carry out such testing when the owner or operator is unable to do so or if such action by the owner or operator is unsatisfactory.

Sets forth civil penalties for violations of such an order.

Permits State and local governments to enter into long- term contracts for the operation of hazardous waste disposal facilities or for securing long-term markets for material and energy recovered from such facilities.

Prohibits the Secretary of Commerce from discriminating between recovered materials and virgin materials in deciding whether or not to impose controls on any marketing or transfer of materials.

Revises requirements and dates pertaining to Federal procurement of material recovered from hazardous waste disposal facilities.

Directs the Administrator to provide to the Secretary of Labor and the Director of the National Institute for Occupational Health and Safety information identifying hazardous waste facilities, and the hazards to which a person working at such facilities may be exposed.

Requires the legislative branch of the Federal Government to comply with solid waste disposal guidelines.

Expands the authority of the Administrator to take emergency action to situations where the handling, storage, treatment, transportation, or disposal of any solid or hazardous waste may present an imminent and substantial threat to public health. Empowers the Administrator to issue orders as necessary to protect public health and imposes fines upon anyone who violates such orders.

Requires public notice and hearings before a permit is issued to any person for a hazardous waste facility.

Revises requirements for judicial review of decisions of the Administrator.

Directs the Administrator to conduct a study of the adverse effects of drilling fluids, produced waters, and other wastes associated with the exploration for crude oil or natural gas on the environment. Authorizes appropriations for such study.

Provides financial and technical assistance to States and municipalities for programs to recover energy and materials from solid wastes. Authorizes appropriations for such assistance for fiscal years 1981 through 1986. Prohibits the use of such funds for land acquisition, final facility design, equipment purchase, construction, startup or operation activities.

Directs the Administrator of EPA to collect, maintain, and disseminate information on resource recovery from solid waste.

Requires that the Administrator establish a National Advisory Commission on Resource Recover. Directs such Commission to review resource recovery programs and report its recommendations to the Administrator of EPA, the President, and the Congress. Terminates the Commission upon submission of its report.

Revises the requirements for designation of special communities for the purpose of providing Federal assistance to such communities for solid waste disposal. Extends the authorization of appropriations for assistance to such communities through fiscal year 1980.

Revises requirements which provide that persons handling hazardous wastes file notifications with the Administrator of EPA.

Repeals the provisions of the Resource Recovery and Conservation Act of 1976 concerning: (1) solid waste cleanup on Federal lands in Alaska; and (2) the Llangollen Landfill leachate control research and assistance program in Delaware.