Solid Waste Disposal Act Amendments of 1983

(Measure indefinitely postponed in Senate, H. R. 2867 passed in lieu)

Solid Waste Disposal Act Amendments of 1984 - Amends the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to authorize appropriations for FY 1985 through 1989 for: (1) general administration by the Administrator of the Environmental Protection Agency (EPA) to carry out such Act (including funds for Resource Recovery and Conservation Panels, hazardous waste management, and support for State, regional, local, and interstate agency solid waste plans); and (2) grants to State hazardous waste programs.

Sets forth provisions for regulation and study of hazardous waste from small quantity generators.

Requires, beginning 270 days after enactment of this Act, that any listed or identified hazardous waste which is from a small quantity (100 to 1,000 kg per month) generator and is shipped off the premises shall be accompanied by a copy of the EPA uniform hazardous waste manifest form signed by the generator and containing specified information. Provides that additional requirements related to the manifest promulgated under such Act shall apply only if determined necessary by the Administrator to protect human health and the environment. Authorizes the Administrator to also apply such information requirements to hazardous waste which is part of a total quantity generated by a generator generating less than 100 kilograms during one calendar month.

Requires, beginning 270 days after enactment of this Act and until specified regulations take effect, that any identified or listed hazardous waste which is from a small quantity (less than 1,000 kg per month) generator and which is not treated, stored or disposed of at a hazardous waste treatment, storage or disposal facility with a permit, be disposed of only in a facility which is permitted, licensed, or registered by a State to manage municipal or industrial solid waste.

Requires the onsite storage of identified or listed hazardous waste from small quantity (less than 1,000 kg per month) generators in tanks and containers for up to 180 days without a permit (or for up to 270 days of up to 6,000 kg of such waste if the generator must ship or haul such waste over 200 miles).

Provides that nothing in this Act shall be construed to affect, modify, or render invalid any requirements applicable to any identified or listed acutely hazardous waste which is generated by any generator during any calendar month in a total quantity less than 1,000 kg, in regulations promulgated prior to January 1, 1983. Provides that any additional acutely hazardous waste listed after such date shall be subject to all regulations applicable to acutely hazardous wastes.

Directs the Administrator, in cooperation with the States, to study identified or listed hazardous waste from small quantity (less than 1,000 kg per month) generators. Authorizes the Administrator to require necessary information for such study from such generators. Requires that such study include characterizations of specified factors. Requires that such study be submitted to the Congress by March 31, 1985.

Directs the Administrator, on the basis of such study and other available information and in consultation with the States, to promulgate by March 31, 1986, additional regulations establishing specified requirements for identified or listed hazardous waste from small quantity (less than 1,000 kg per month) generators, as may be necessary to protect human health and the environment. Permits such requirements to: (1) supplement requirements under this Act; (2) distinguish among classes and categories of generators or waste; and (3) vary from requirements applicable to larger quantity generators. Directs the Administrator to consider State requirements and explain differences between such regulations and State requirements. Requires, with specified exceptions, that such regulations provide that any identified or listed hazardous waste generated during any calendar month in a total quantity less than 1,000 kg be treated, stored, or disposed only at a facility with a hazardous waste permit. Authorizes the Administrator to establish in such regulations a total quantity (which may vary for different wastes or classes of wastes) of wastes generated by a generator during any calendar month, up to 100 kg, for which disposal may be at a facility permitted, licensed, or registered by a State to manage municipal or industrial solid waste.

Provides that, if no such additional regulations have been promulgated prior to March 31, 1986, after such date: (1) all treatment, storage, or disposal of any identified or listed hazardous waste from a small quantity (between 100 to 1,000 kg per month) generator shall occur only at facilities with hazardous waste treatment, storage, or disposal permits; (2) generators of such waste shall file manifest exception reports as required of larger quantity generators, except that such reports shall be filed by January 31, for any waste shipment occurring in the last half of the preceding calendar year, and by July 31, for any waste shipment in the first half of the calendar year; and (3) generators of such waste shall retain for three years a copy of the manifest signed by the facility that has received the waste.

Directs the Administrator to inform and educate small quantity hazardous waste generators of their responsibilities under this Act.

Sets forth land disposal limitations.

Directs the Administrator, after notice and opportunity for hearings and after consultation with appropriate Federal and State agencies, to promulgate regulations prohibiting the land disposal of hazardous wastes, except for methods of land disposal which the Administrator determines will be protective of human health and the environment. Directs the Administrator to promptly publish notice and explanation of any such determinations. Directs the Administrator to take into account the persistence, toxicity, mobility, and propensity to bioaccumulate of such hazardous waste, and the potential effect of such waste on the integrity of containment mechanisms.

Requires that, upon application of an interested person, it must be demonstrated to the Administrator, to a reasonable degree of certainty, that there will be no migration of hazardous waste constituents that are highly toxic, highly mobile, or have a strong propensity to bioaccumulate, before any land disposal method may be determined to be protective of human health and the environment for a specified hazardous waste.

Provides that such hazardous waste land disposal regulations shall be effective immediately upon promulgation, but authorizes the Administrator to establish an effective date no later than two years after promulgation of any such regulation on the basis of the earliest date on which adequate alternative treatment, recovery, or disposal capacity which protects human health and the environment will be available. Authorizes the Administrator, after notice and opportunity for comment and after consultation with appropriate State agencies in all affected States, to grant an extension of such extended effective date on a case-by-case basis for up to one year, renewable for not more than one additional year, where the applicant demonstrates that there is a binding contractual commitment to construct or otherwise provide such alternative capacity but due to circumstances beyond the control of such applicant such alternative capacity cannot reasonably be made available by such effective date.

Directs the Administrator, within 24 months after the enactment of this Act, to promulgate land disposal regulations for specified dioxin-containing hazardous wastes and other specified numbered spent solvent hazardous wastes in regulations in effect on July 1, 1983.

Directs the Administrator, within 32 months after the enactment of this Act, to promulgate land disposal regulations for the following liquid hazardous wastes (in specified forms and at specified concentrations): (1) cyanides; (2) arsenic; (3) cadmium; (4) chromium; (5) lead; (6) mercury; (7) nickel; (8) selenium; (9) thallium; (10) highly acidic (having a ph of two or less) liquid wastes; (11) polychlorinated biphenyls (PCBs); and (12) nonliquid or liquid wastes containing halogenated organic compounds. Authorizes the Administrator to substitute more stringent concentration levels where necessary to protect human health and the environment.

Sets forth a schedule for additional hazardous waste land disposal prohibition determinations. Directs the Administrator, within 24 months after enactment of this Act, to publish a schedule for deciding whether or not to prohibit the land disposal of each hazardous waste listed under the Act. Requires the Administrator to make such decisions: (1) for at least one-third of all such listed wastes within 48 months after such enactment; (2) for at least two-thirds of all such listed wastes within 60 months after such enactment; and (3) for all such listed wastes within 72 months after such enactment. Directs the Administrator to promulgate land disposal regulations for each such waste not later than the date specified in such schedule.

Directs the Administrator to base such schedule on a ranking of such listed wastes considering their intrinsic hazard and their volume such that: (1) decisions whether or not to prohibit the land disposal of high volume hazardous wastes with high intrinsic hazard shall, to the maximum extent possible, be made within 42 months after the enactment of this Act; and (2) decisions regarding low volume hazardous wastes with lower intrinsic hazard shall be made within 72 months after such enactment.

Directs the Administrator, within 52 months after enactment of this Act, to promulgate land disposal regulations for each hazardous waste identified on the basis of any toxicity characteristics.

Directs the Administrator, within 32 months after the listing of a hazardous waste listed after enactment of this Act, to promulgate land disposal regulations for such waste.

Directs the Administrator, after notice and opportunity for hearings and after consultation with appropriate Federal and State agencies, to promulgate regulations specifying any levels or methods of treatment which substantially diminish the toxicity of the waste or substantially reduce the likelihood of migration of hazardous constituents from the waste so that short-term and long-term threats to human health and the environment are minimized. Permits disposal of such waste in a land disposal facility which meets specified hazardous waste management requirements, if such waste has been treated to such level or by such method.

Permits any hazardous waste prohibited from disposal in a surface impoundment to be treated or stored in a surface impoundment only if that impoundment is equipped with at least one liner.

Permits specified hazardous wastes to be disposed of in a landfill or surface impoundment only if such facility meets specified hazardous waste disposal requirements and if the Administrator fails to promulgate land disposal regulations for such wastes by the specified deadlines. Makes such provision inapplicable to contaminated soil and debris from the cleanup or removal of any hazardous substance release. Provides for extended deadlines with respect to such provision in the case of non-liquid hazardous wastes containing halogenated organic compounds in specified concentrations which are generated by the refurbishment of textiles and apparel (the drycleaning industry).

Sets forth requirements relating to hazardous waste liquids in landfills. Directs the Administrator, within 15 months after enactment of this Act, to promulgate final regulations which: (1) minimize the disposal of liquid containerized wastes in landfills; (2) prohibit the disposal of bulk or noncontainerized liquid hazardous wastes in landfills; and (3) prohibit disposal in landfills of liquids that have been absorbed in materials that biodegrade or that release liquids when compressed as might occur during routine landfill operations. Requires that specified regulations remain in effect prior to promulgation of such final regulations.

Prohibits the use of waste or used oil or other material, which is contaminated or mixed with dioxin or any other identified or listed hazardous waste (other than a waste identified solely on the basis of ignitability), for dust suppression or road treatment.

Prohibits, 180 days after enactment of this Act, hazardous waste disposal by underground injection into or above any formation which contains an underground source of drinking water within one-half mile of the well used for such underground injection. Makes such prohibition inapplicable to the injection of contaminated groundwater into the aquifer from which it was withdrawn, if: (1) such injection is a response action taken under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 or part of corrective action required under hazardous waste management provisions of the Solid Waste Disposal Act intended to cleanup such contamination; and (2) such contaminated groundwater is treated to substantially reduce hazardous constituents prior to such injection.

Requires any new, replacement, or laterally expanded unit of a waste pile or a landfill or surface impoundment operating under a hazardous waste facility interim status permit to be subject to specified requirements respecting liners and leachate collection systems or equivalent protection applicable to new facilities for which a final permit is issued. Requires the owner or operator of such units to notify the Administrator (or the State, if appropriate) at least 60 days prior to receiving such waste. Requires the filing of a completed permit application within six months of receipt of such notice. Prohibits the Administrator, when issuing the first permit for such facility, from requiring a different liner or leachate system than that which has been installed pursuant to such requirements and in good faith compliance with regulations and guidance documents. Provides that the Administrator shall not be precluded from requiring installation of a new liner when there is reason to believe that any liner installed pursuant to such requirements is leaking. Authorizes the Administrator to amend requirements for liners and leachate collection systems as may be necessary to provide additional protection for human health and the environment.

Subjects any interim status landfill, surface impoundment, land treatment unit, or waste-pile unit which receives hazardous waste after July 26, 1982, to the same standards concerning ground water monitoring, unsaturated zone monitoring, and corrective action which are applicable to new facilities.

Establishes minimum technological requirements for landfills, surface impoundments, and incinerators, under standards and permit requirements for hazardous waste treatment, storage, and disposal facilities. Requires that regulations be revised from time to time to take into account technological improvements in control and measurement.

Requires installation of two or more liners and a leachate collection system, as well as groundwater monitoring, for landfill or surface impoundment permits. Allows exceptions to the double liner and leachate collection system requirement (but not the groundwater monitoring requirement) only in cases where the owner or operator can demonstrate that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into groundwater or surface water at least as effectively.

Requires that all incinerators receiving such permits attain at least the destruction and removal efficiency required by current regulations.

Requires that hazardous waste regulations specify criteria for the acceptable location of new and existing treatment, storage, or disposal facilities as necessary to protect human health and the environment.

Directs the Administrator to promulgate regulations or issue guidance documents implementing such minimum technological requirements for landfills and surface impoundments within two years after the enactment of this Act.

Sets forth descriptions of top liners and lower liners which will satisfy the requirements for installation of two or more liners until the effective date of such regulations or guidance documents.

Provides that any such permit which is issued for a landfill located within the State of Alabama shall require the installation of two or more liners and a leachate collection system above and between such liners.

Limits to ten years the term of any hazardous waste permit for any land disposal facility, incinerator, or other treatment facility. Requires that land disposal facility permits be reviewed five years after issuance or reissuance and be modified as necessary.

Authorizes the Administrator to review and modify a permit at any time during its term. Requires that review of any permit renewal application consider improvements in control and measurement technology as well as changes in applicable regulations. Requires each permit to contain such terms and conditions as the Administrator (or the State) determines necessary to protect human health and the environment.

Establishes a minimum technological retrofit requirement as an interim status requirement for certain existing surface impoundments located in areas of vulnerable hydrogeology.

Sets forth provisions relating to continuing releases at permitted facilities. Provides that hazardous waste management standards, and permits issued after the enactment of this Act, must require that corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a treatment, storage, or disposal facility seeking a permit under hazardous waste management provisions, regardless of the time at which waste was placed in such unit. Requires that permits contain compliance schedules for such corrective action (where it cannot be completed prior to permit issuance) and assurances of financial responsibility for completing such corrective action.

Directs the Administrator, when evaluating a petition to exclude a waste generated at a particular facility from being regulated as a hazardous waste, to consider criteria, constituents, or other related factors other than those for which the waste was listed.

Requires, within specified time periods, notice and opportunity for public comment: (1) before such a petition is granted or denied; and (2) before the basis for listing a waste is amended to indicate the additional constituents which could cause the waste to be hazardous. Sets time limits on the temporary granting of such petitions prior to enactment of this Act without the opportunity for public comment and the full consideration of such comment.

Requires that such petitions be accompanied by adequate information for evaluation, including information on samples of such waste determined to be representative on the basis of guidelines published by the Administrator. Requires that such information be certified by a responsible corporate official of the facility to be accurate, complete, and representative within the knowledge of employees or contractors of such facility.

Directs the Administrator, within six months after the enactment date of this Act, to identify those particular wastes on which the Agency intends to decide whether to list as a hazardous waste within two years after such enactment date, and those to be decided upon within five years after such date.

Directs the Administrator, within six months after the enactment date of this Act, to promulgate regulations listing dioxin- and dibenzofuran-containing wastes as hazardous waste.

Directs the Administrator, within two years after the enactment date of this Act, to: (1) promulgate regulations identifying additional characteristics of hazardous waste; and (2) reach decisions on all wastes identified for decision within two years and for each such waste either promulgate regulations listing such particular hazardous waste or publish a statement as to why such waste should not be so listed.

Directs the Administrator, within 28 months after the enactment of this Act, to make such changes as are necessary in the extraction procedure toxicity characteristic to predict the leaching potential of wastes upon exposure to leaching media more aggressive than the media used in the regulation in effect as of such enactment date.

Directs the Administrator, in cooperation with the Agency for Toxic Substances and Disease Registry and the National Toxicology Program, to also identify or list those hazardous waste which shall be subject to hazardous waste management provisions solely because of the presence in such wastes of certain constitutents (such as identified carcinogens, mutagens, or teratogens) at levels in excess of levels which endanger human health.

Requires, within 15 months after enactment of this Act, notification to the Administrator (and to the State in the case of an authorized State hazardous waste program) by: (1) the owner or operator of any facility producing a fuel from any hazardous waste alone or with other material or from used oil alone or with other material; (2) the owner or operator of any facility (other than a single or two-family residence) burning fuel containing any hazardous waste or used oil; and (3) any person who distributes or markets fuel containing hazardous waste or used oil. Requires that such notification describe the location, the facility, the identified or listed hazardous waste involved, and the production or energy recovery activity. Exempts facilities, such as residential boilers, from such notification requirements where the Administrator determines that such notification is not necessary for obtaining sufficient information respecting current practices of facilities using hazardous waste for energy recovery.

Directs the Administrator, within two years after the enactment of this Act, to promulgate regulations establishing health and environmental standards applicable to owners or operators of facilities producing fuel from hazardous wastes or burning hazardous waste for energy recovery and to distributors or marketers of such fuels. Exempts from such requirements, and from labeling and other specified requirements, petroleum refinery wastes containing oil which are converted into petroleum coke at the same facility at which such wastes were generated, unless the resulting coke product would exceed one or more characteristics by which a substance would be identified as a hazardous waste. Authorizes the Administrator to exempt from such requirements, and from specified labeling and recordkeeping requirements under this Act, facilities which burn minimal quantities of hazardous waste as fuel, as defined by the Administrator, if the waste is burned: (1) at the same facility at which it is generated; (2) to recover useful energy, as determined by the Administrator on the basis of the design and operating characteristics of the facility and the heating value and other characteristics of the waste; and (3) in a type of device determined by the Administrator to be designed and operated at a destruction and removal efficiency sufficient such that protection of human health and the environment is assured.

Sets forth a labeling requirement which, beginning 90 days after enactment of this Act and effective until such time as the Administrator promulgates standards specifically superceding such requirement, prohibits producers, distributors, or marketers of fuels containing hazardous wastes from distributing or marketing such fuels unless the invoice or bill of sale bears a conspicuous warning and lists the hazardous wastes contained in such fuel. Exempts from such requirement, unless the Administrator determines otherwise in order to protect human health and the environment, fuels produced from: (1) petroleum refining waste containing oil if such materials are generated and reinserted onsite in the refining process; and (2) oily materials resulting from normal petroleum refining, production, and transportation practices. Conditions such exemptions on: (1) removal of contaminants; and (2) conversion along with normal process streams into petroleum-derived fuel products at a specified type of facility at which crude oil is refined into petroleum products.

Sets forth recordkeeping requirements. Directs the Administrator, within 15 months after the enactment of this Act, to promulgate regulations requiring that any person who is required to file a notification in accordance with provisions for burning and blending hazardous wastes must maintain such records regarding fuel blending, distribution, or use as may be necessary to protect human health and the environment.

Sets forth provisions relating to standards for transporters of fuel from hazardous waste. Directs the Administrator, within two years after the enactment of this Act and after opportunity for public hearing, to promulgate regulations establishing standards, as may be necessary to protect human health and the environment and including appropriate requirements, applicable to transporters of fuel produced from any identified or listed hazardous waste alone or in combination with any other material.

Sets forth provisions for mandatory inspections at least every two years, beginning 12 months after enactment of this Act, at every facility for the treatment, storage, or disposal of hazardous waste for which a permit is required. Directs the Administrator, after notice and opportunity for public comment, to promulgate regulations on the minimum frequency and manner of such inspections and the maintenance of inspection records. Authorizes the Administrator to distinguish between classes and categories of facilities commensurate with the risks posed. Directs the Administrator, within six months after enactment of this Act, to report to the Congress on the potential for such inspections by nongovernmental officers as a supplement to EPA or State inspections.

Sets forth provisions relating to inspection and inventory of facilities operated by Federal agencies and to Federal inspections of State or local facilities.

Directs the Administrator (and the State in the case of an authorized State program) to inspect, at least every two years, each hazardous waste treatment, storage, or disposal facility operated by a Federal agency.

Directs the Administrator to inspect every hazardous waste treatment, storage, or disposal facility operated by a State or local government for which a permit is required under hazardous waste management provisions of the Act.

Requires that records of such inspections of Federal, State, or local facilities be available to the public.

Directs each Federal agency, within one year after the enactment of this Act, to undertake a continuing program to compile, publish, and submit to the Administrator (and to the appropriate States with authorized programs) an inventory of each site which the Federal agency owns or operates where hazardous waste has at any time been treated, stored, or disposed of. Requires that such inventory contain specified information, including site location, waste amount, nature, and toxicity, responsibile agency, techniques used, and current status. Directs the Administrator to: (1) notify the chief official of any Federal agency which is not providing adequate information respecting such sites; and (2) carry out the inventory program for such agency if it has not undertaken an adequate program within 90 days following such notification.

Provides for criminal penalties for persons who knowingly: (1) cause specified hazardous waste to be transported; (2) treat, store, or dispose of such waste in violation of any material condition or requirement of specified permits or of any applicable interim status regulations or standards; (3) omit material information used for purposes of compliance with regulations promulgated by the Administrator (or by a State program); (4) fail to file any record, application, manifest, report, or other document required to be maintained or filed for purposes of such compliance; or (5) transports, or causes to be transported, without a manifest any hazardous waste required to be so accompanied. Raises the maximum criminal penalties for these and other violations, under specified conditions.

Revises provisions relating to conditions for knowing endangerment. Raises the penalties for knowing endangerment.

Sets forth provisions relating to the export of hazardous waste. Prohibits, beginning 24 months after the enactment of this Act, the export of any identified or listed hazardous waste unless: (1) the exporter has provided specified notification; (2) the government of the receiving country has consented to accept such waste; (3) a copy of the receiving country's written consent is attached to the manifest accompanying each waste shipment; and (4) the shipment conforms with the terms of the consent of the government of the receiving country; or (5) the United States and the receiving country have entered into a specified agreement and the shipment conforms with the terms of such agreement.

Directs the Administrator, within 12 months after the enactment of this Act, to promulgate regulations necessary to implement such requirements relating to the export of hazardous waste. Makes such regulations effective 180 days after promulgation.

Requires any person who intends to export an identified or listed hazardous waste beginning 12 months after the enactment of this Act to notify the Administrator before such waste is scheduled to leave the United States. Requires such notification to contain specified information.

Directs the Department of State, within 30 days of the Administrator's receipt of a complete notification, to: (1) forward a copy of the notification to the government of the receiving country; (2) advise such government that U.S. law prohibits the export of hazardous waste unless the receiving country consents to accept such waste; (3) request such government to provide the Secretary of State with a written consent or objection to the terms of the notification; and (4) forward to such government a description of Federal regulations which would apply to the treatment, storage, and disposal of hazardous waste in the United States.

Directs the Administrator, within 30 days of its receipt by the Department of State, to forward to the exporter the receiving country's written consent or objection (or any subsequent communication withdrawing a prior consent or objection).

Provides that only specified reporting requirements shall apply to hazardous waste exports where there exists an international agreement between the United States and the government of the receiving country establishing notice, export, and enforcement procedures for hazardous waste transportation, treatment, storage, and disposal.

Requires, after the date of enactment of this Act, any exporter of identified or listed hazardous waste to file with the Administrator by March 1 of each year a report summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year.

Provides that nothing in such hazardous waste export requirements shall preclude the Administrator from establishing other standards for the export of hazardous wastes under other specified provisions relating to generators or transporters of such waste.

Provides for penalties for any person who knowingly exports an identified or listed hazardous waste: (1) without the consent of the receiving country; or (2) where there exists an international agreement between the United States and the government of the receiving country establishing notice, export, and enforcement procedures for the transportation, treatment, storage, and disposal of hazardous wastes, in a manner which is not in conformance with such agreement.

Revises provisions relating to State or regional solid waste plans.

Directs the Administrator, by March 31, 1988, to promulgate revisions of specified criteria for distinguishing sanitary landfills and open dumps for facilities which may receive hazardous waste in household waste or from small quantity generators. Requires that such criteria be those necessary to protect human health and the environment. Allows such criteria to take into account the practical capacity of such facilities. Provides that, at a minimum, such revisions for facilities potentially receiving such wastes should: (1) require groundwater monitoring; (2) establish criteria for the acceptable location of new or existing facilities; and (3) provide for corrective action as appropriate.

Makes a prohibition against the establishment of open dumps effective six months after the promulgation of EPA regulations, rather than on a later date of approval of the State plan.

Requires each State to adopt and implement a permit program or other system of prior approval and conditions to assure that each solid waste management facility within such State which may receive hazardous waste in household waste or from small quantity generators will comply with specified criteria. Requires that such program be adopted and implemented: (1) within 36 months after the enactment of this Act, with respect to compliance with specified applicable criteria; and (2) within 18 months after the promulgation of revised criteria under this Act, with respect to compliance with such revised criteria. Directs the Administrator to determine whether each State has developed an adequate program. Directs the Administrator to enforce a specified prohibition with respect to such facilities in any State which does not adopt such an adequate program by the deadline with respect to revised criteria. Provides that in no event shall the Administrator or any other person be authorized to bring a civil action under specified provisions against any person subject to a compliance schedule issued by the State under a program that the Administrator has determined to be adequate.

Authorizes a specified amount to be made available out of funds appropriated for FY 1985 and authorizes appropriations for FY 1986 through 1989 for grants to States and to appropriate regional, local, and interstate agencies to implement such programs requiring compliance by solid waste management facilities with the criteria promulgated under specified provisions for sanitary landfills and open dumps, for prohibited open dumping of solid or hazardous waste, and for closing or upgrading of existing open dumps.

Directs the Administrator to report at least biennially to the Congress and the President on the quantities and types of hazardous wastes generated, stored, treated, and disposed of. Requires compilation and updating of such information. Requires States with authorized programs to make available annual reports they have received to assist in preparation of such biennial report. Requires the first such report to cover calendar year 1983 and be transmitted to the Congress by March 31, 1985. Makes specified inspection authority available to implement such report provisions.

Revises provisions for citizen suits to provide that only the prevailing or substantially prevailing party may be awarded litigation costs.

Revises provisions for judicial review of final regulations and certain petitions and of the Administrator's actions with regard to specified permits and authorizations.

Revises citizen suit provisions of the Act to also allow any person to commence civil actions to: (1) immediately restrain any person contributing to the handling, storing, treating, transporting, or disposing of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment; or (2) order the Administrator to perform any act or duty which is not discretionary under the Act and to supply appropriate civil penalties. Prohibits such actions being brought: (1) until 120 days after the plaintiff has given notice of the endangerment; and (2) if the Administrator, or the State, has commenced and is diligently prosecuting (or has settled) an action to restrain or abate acts or conditions which may have contributed or are contributing to the activities which may present the alleged endangerment (but permits any person claiming an interest to intervene in such actions, unless the Administrator or State shows that such person's interest is adequately represented); and (3) with respect to the siting of a hazardous waste treatment, storage, or disposal facility, or to restrain or enjoin the issuance of a permit for such facility.

Provides that common carriers by rail shall not be subject to such citizen suits (on the added basis of "contribution" to such prohibited acts) if: (1) the waste has left their possession or control; (2) the transportation of the waste was under a sole contractual arrangement arising from a public tariff and acceptance for carriage by common carrier by rail; and (3) such transporter has exercised due care.

Waives the current 60-day waiting period after notification for citizen suits relating to violations of hazardous waste management provisions of the Act.

Revises provisions relating to imminent hazard to specify that the persons against whom the Administrator may seek restraining orders include, but are not limited to, any past or present generator, transporter, or owner or operator of a treatment, storage, or disposal facility who has contributed or is contributing to the handling, storage, treatment, transportation, or disposal of solid or hazardous waste which may present an immediate and substantial endangerment to health or the environment. Specifies that such a suit by the Administrator may seek both a restraining order and an order to such person to take such other action as may be necessary. Provides that common carriers by rail shall not be subject to such restraining orders (on the added basis of "contribution" to such prohibited acts) under conditions similar to those specified under the citizen suit exemption.

Provides for public participation in settlements under imminent hazard provisions of the Act.

Declares the intention of the Act that adequate provision be given to the present and future needs of the recycling and resource recovery interest, within the area encompassed by the comprehensive planning process, in determining the size of waste-to-energy facilities.

Sets forth provisions relating to the use of recovered materials by Federal agencies.

Sets forth a definition of "recovered materials," in the case of paper products.

Requires that each procuring agency develop, within one year after the publication of applicable guidelines, an affirmative procurement program to assure that items composed of recovered materials will be purchased to the maximum extent practicable consistent with Federal procurement law. Sets forth minimum requirements relating to such programs.

Requires that procurement guidelines, in the case of paper, provide for maximizing the use of specified post consumer recovered materials.

Extends deadlines for final procurement guidelines: (1) for paper, to 180 days after the enactment of this Act; and (2) for three additional product categories (including tires), to October 1, 1985.

Directs the Office of Procurement Policy to report, every two years beginning in 1984, to the Congress on action taken by Federal agencies and the progress made in implementation of Federal procurement provisions under the Act, including agency compliance in reviewing and eliminating specifications that discriminate against recycled materials. Extends the deadline for elimination of such specifications to 18 months after the enactment of this Act.

Includes needs created by thorough implementation of requirements for Federal procurement of recoverable materials, in the case of paper products, among those needs of the recycling and resource recovery interests within the area encompassed by the solid waste plan, for purposes of determining the size of waste-to-energy facilities.

Exempts from specified standards and permit requirements for treating, storing, disposing of, or otherwise managing hazardous wastes any resource recovery facility recovering energy from the mass burning of municipal solid waste, which: (1) receives and burns only household waste and solid waste from commercial or industrial sources that does not contain identified or listed hazardous waste; (2) does not accept identified or listed hazardous wastes; and (3) whose owner or operator has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received or burned there.

Provides that specified requirements under this Act shall apply directly to all States, including each State with an authorized hazardous waste program, until the program of such State is authorized to operate in lieu of the Federal program with respect to such requirement. Authorizes the Administrator to enter into an agreement with the State under which the State may assist in the administration of the requirements and prohibitions which take effect pursuant to the amendments made by this Act, pending authorization of a State program which reflects such amendments.

Provides for standards for air emissions from hazardous waste facilities. Directs the Administrator, within 36 months after the enactment of this Act, to promulgate regulations for monitoring and control of air emissions at hazardous waste treatment, storage, and disposal facilities, including but not limited to open tanks, surface impoundments, and landfills, as necessary to protect human life and the environment.

Provides that hazardous waste management standards concerning groundwater monitoring which are applicable to surface impoundments, waste piles, land treatment units, and landfills shall apply to such a facility whether or not: (1) it is located above the seasonal high water table; (2) two liners and a leachate collection system have been installed; or (3) the owner or operator inspects the liner (or liners) which has been installed. Declares that such provision shall not be construed to affect other exemptions or waivers from such standards provided in regulations in effect on the date of enactment of this Act or in revisions to those regulations. Authorizes the Administrator to exempt from specified groundwater monitoring requirements on a case-by-case basis any engineered structure which is found to meet specified criteria.

Declares it to be the national policy of the United States that, wherever feasible, the generation of hazardous waste is to be reduced or eliminated as expeditiously as possible. Declares that waste that is nevertheless generated should be treated, stored, or disposed of so as to minimize the present and future threat to human health and the environment.

Requires, effective September 1, 1984, that a required manifest contain a certification by the generator of the hazardous waste that: (1) the generator has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and (2) the proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment.

Revises reporting requirements for generators of hazardous waste to require that submission of reports to the Administrator (or the appropriate State) be at least once every two years and that such reports set out: (1) the quantities and nature of the identified or listed hazardous waste the generator has generated during the year; (2) the disposition of all such hazardous waste; (3) the efforts undertaken during the year to reduce the volume and toxicity of the waste generated; and (4) the changes in volume and toxicity of waste actually achieved during the year in question in comparison with previous years, to the extent such information is available for years prior to the enactment of this Act.

Makes it a condition, effective September 1, 1984, of permits issued for hazardous waste treatment, storage, or disposal on the premises where such waste was generated that the permittee certify, at least annually, that: (1) the generator of such waste has a program in place to reduce the waste's volume or quantity and toxicity to the degree determined by the generator to be economically practicable; and (2) the proposed method of treatment, storage, or disposal is that practicable method currently available to the generator which minimizes the present and future threat to the environment.

Directs the Administrator to compile and submit to the Congress by October 1, 1986, a report on the feasibility and desirability of establishing: (1) performance standards, or taking other additional actions under the Act to require hazardous waste generators to reduce the volume or quantity and toxicity of the hazardous waste they generate; and (2) required management practices with respect to hazardous wastes, or other requirements to assure such wastes are managed in ways that minimize present and future risks to human health and the environment. Requires that such report include any recommendations for legislative changes which the Administrator determines are feasible and desirable to implement the national policy of hazardous waste minimization established under this Act.

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (the Superfund Act) to shorten (from four years to 42 months after enactment of such Act) the deadline for the President's comprehensive report to the Congress on the initial implementation of the Superfund program and possible changes in such program.

Makes technical corrections to the Superfund Act and the Solid Waste Disposal Act (the Act).

Amends the Safe Drinking Water Act to add provisions relating to underground injection of hazardous waste. Directs the Administrator, in cooperation with the States, to compile and submit to specified congressional committees by June 15, 1984, an inventory of all wells in the United States which inject hazardous wastes. Requires that such inventory contain specified information, some of which can be obtained from currently existing State records and from site visits to at least 20 facilities containing wells which inject hazardous waste.

Amends the Superfund Act to revise the definition of "removal" to authorize the EPA to fund, as part of removal, the: (1) cost of permanent relocation of residents, where it is determined that such permanent relocation is cost effective or may be necessary to protect health or welfare; (2) payment of principal and interest on business debts during an evacuation or temporary relocation; and (3) payment of disaster assistance (such as unemployment compensation, food stamps, and other grants as authorized under the Disaster Relief Act of 1974) to individuals unemployed as a result of an evacuation or relocation. Excludes such permanent relocation payments from specified limitations on Superfund obligations.

Directs the Administrator, under the Solid Waste Disposal Act, to conduct detailed, comprehensive studies of methods to extend the useful life of sanitary landfills and to better use sites in which filled or closed landfills are located. Requires that such studies address specified topics. Authorizes the Administrator to conduct demonstrations in such areas of study. Directs the Administrator to periodically report on the results of such studies and to submit the first such report by October 1, 1986.

Amends the Superfund Act to direct the President to grant a State a credit for specified response actions.

Extends the deadline for filing natural resource damage claims under the Superfund Act to three years from the date on which specified final regulations are published.

Revises criminal liability provisions under hazardous waste management provisions of the Solid Waste Disposal Act to make any person who knowingly treats, stores, or disposes of a hazardous waste without a permit liable to criminal penalties under such Act.

Amends the Safe Drinking Water Act (title XIV of the Public Health Service Act) to add new part F provisions for the regulation of underground storage tanks containing substances other than hazardous waste.

Defines "regulated substance," for purposes of part F, as: (1) any substance defined under specified provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) (CERCLA), but not including substances regulated as hazardous wastes under the Solid Waste Disposal Act; and (2) petroleum, including crude oil or any fraction thereof, which is liquid at specified standard conditions of temperature and pressure. Defines "owner," "operator," "person," and "release." Defines "underground storage tank" to mean any tank, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances and which is substantially or totally beneath the surface of the ground, and lists the following exclusions from such term: (1) aboveground storage tanks which are in compliance with national consensus codes and for which 90 percent or more of the tank volume is above the ground surface; (2) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; (3) underground storage tanks used for storing heating oil for consumptive use on the premises where stored; (4) septic tanks; (5) pipelines regulated under the National Gas Pipeline Act of 1968, or the Hazardous Liquid Pipeline Act of 1978; (6) surface impoundments, pits, ponds, or lagoons; (7) storm water and waste water collection systems; or (8) flow-through process tanks. Defines "nonoperational underground storage tank" and "national consensus code."

Sets forth notification and certification requirements. Requires owners of underground storage tanks to notify designated State or local agencies of specified information relating to such tanks, within 18 months of the enactment date of this Act. Requires owners of such tanks which are nonoperational as of such enactment date but which were operational after January 1, 1974, to supply specified information within 18 months of such enactment date. Requires owners that bring into use an underground storage tank after the initial notification to notify the designated State or local agency within 30 days.

Requires, beginning 30 days after the Administrator prescribes the form of notice and for 18 months thereafter, any person who deposits regulated substances in an underground storage tank to reasonably notify the owner or operator of such tank of the owner's notification requirements under this Act. Requires, beginning 30 days after the Administrator issues new tank performance standards, any person who sells a tank intended to be used for the storage, use, or dispensing of regulated substances to notify the purchaser of such tank of the owner's notification requirements.

Directs the Governor of each State, within 180 days of such enactment date, to designate the appropriate State or local agencies to receive such notifications. Directs the Administrator of the Environmental Protection Agency (EPA), within 12 months of such enactment date and in consultation with designated State and local officials and after notice and opportunity for public comment, to prescribe the form and content of such notifications. Directs the Administrator, in issuing the form of such notice, to take into account the effect on small businesses and other owners and operators.

Sets forth provisions for release detection, prevention, and correction regulations applicable to all owners and operators of underground storage tanks used for storing regulated substances, as may be necessary to protect human health and the environment. Directs the Administrator to promulgate such regulations, after opportunity for public comment. Requires that such regulations include requirements respecting: (1) leak detection or comparable systems or inventory control systems and tank testing; (2) records of monitoring, testing, inventory, or detection systems; (3) reporting releases and corrective actions; (4) corrective actions; and (5) taking tanks out of operation.

Prohibits, until the effective date of such regulations and after 90 days from the enactment of this Act, any person from installing an underground storage tank to store regulated substances unless such tank is installed and brought into use in accordance with an enforced national consensus code or codes. Directs the Administrator, within six months after the enactment of this Act, to report to the Congress on the Administrator's views on the national consensus code or codes.

Sets forth provisions relating to approval of State programs by the Administrator.

Sets forth provisions relating to inspections, monitoring, and testing. Sets forth provisions for confidentiality of information, and criminal penalties for violations of such confidentiality. Requires that all information reported to, or otherwise obtained by, the EPA under this Act be made available, upon written request, to any duly authorized committee of the Congress.

Sets forth provisions for Federal enforcement of requirements under this Act. Sets forth civil penalties for specified violations.

Makes requirements under this Act applicable to Federal facilities. Authorizes the President to grant exemptions from such requirements upon determination that it is in the paramount interest of the United States to do so. Requires the President to report annually to Congress on such exemptions and the reasons for granting them.

Provides that nothing in this Act shall preclude or deny any State or local authority to regulate more stringently underground storage tanks used to store hazardous substances.

Directs the Administrator, within 12 months after the enactment of this Act, to complete a study of underground storage tanks used for the storage of petroleum, including crude oil or any fraction thereof, which is liquid at specified standard conditions of temperature and pressure. Directs the Administrator, within 36 months after such enactment, to complete a study of all other underground storage tanks. Requires that such study include an assessment of specified factors. Directs the Administrator, within 36 months after the enactment of this Act, to complete a study of the following underground storage tanks exempted under the definition of "underground storage tanks": (1) farm or residential underground storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes; and (2) underground storage tanks used for storing heating oil for consumptive use on the premises where stored. Requires that such study include estimates of the number and location of such tanks and an analysis of the extent to which there may be releases or threatened releases from such tanks into the environment. Directs the Administrator to report to the President and the Congress on the results of such studies, with recommendations as to whether or not such tanks should be subject to regulation under this Act.

Directs the Administrator to reimburse any owner or operator (except a Federal, State, or local government agency) for any costs, including the loss of business opportunity, due to the closure or interruption of operation of an underground storage tank solely for the purposes of conducting such studies. Requires that claims for such reimbursement be filed within 90 days after the closure or interruption. Provides that such reimbursements shall be made from specified appropriations authorized under this Act.

Authorizes appropriations to the Administrator to carry out this Act for FY 1985 through 1988. Authorizes appropriations for FY 1985 through 1988 for grants to States to assist States in implementing approved State underground storage tank release detection, prevention, and correction programs.

Includes underground storage tank regulations under provisions for judicial review of regulations under the Safe Drinking Water Act.

Revises hazardous waste management provisions of the Solid Waste Disposal Act.

Grants interim status to certain facilities not previously required to have a permit for hazardous waste treatment, storage, or disposal.

Extends the deadline for expiration of interim authorization of State hazardous waste programs to January 31, 1986.

Makes permit requirements applicable to the construction of new facilities for hazardous waste treatment, storage, or disposal.

Provides that no permit shall be required under such hazardous waste management provisions of the Solid Waste Disposal Act in order to construct a facility if such facility is constructed pursuant to an approval issued under the Toxic Substances Control Act for the inceneration of polychlorinated biphenyls. Allows any owner or operator of such a facility, at any time after operation or construction of such facility has begun, to file an application for a hazardous waste permit under the Solid Waste Disposal Act authorizing such facility to incinerate identified or listed hazardous waste.

Authorizes the Administrator to issue interim status corrective orders under such hazardous waste management provisions.

Includes financial responsibility for corrective action among the evidence of financial responsibility which the Administrator is authorized to require of owners and operators of hazardous waste treatment, storage, and disposal facilities.

Revises financial responsibility and direct action provisions of the Solid Waste Disposal Act and the Superfund Act.

Authorizes the Administrator to modify specified hazardous waste management requirements under the Solid Waste Disposal Act, in the case of landfills or surface impoundments receiving solid waste from the extraction, beneficiation, or processing of ores and minerials, including phosphate rock and overburden from uranium ore mining, to take into account: (1) the special characteristics of such wastes; (2) the practical difficulties associated with the implementation of such requirements; and (3) site-specific characteristics. Requires that such modified requirements assure protection of human health and the environment.

Provides that nothing in this Act shall be construed to affect, modify, or amend the Uranium Mill Tailings Radiation Control Act of 1978.

Amends the Superfund Act and the Solid Waste Disposal Act to provide for health assessments to determine potential risks to human health resulting from exposure to releases of hazardous substances from landfills and surface impoundments. Requires that specified funds for FY 1985 under the Superfund Act be used by the Agency for Toxic Substances and Disease Registry for epidemiologic and laboratory studies and health assessments. Requires that, beginning nine months after the enactment of this Act, each permit application under hazardous management provisions of the Solid Waste Disposal Act for a landfill or surface impoundment shall be accompanied by information reasonably ascertainable by the owner or operator on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to a unit. Sets forth minimum requirements relating to such information. Requires submission of such information within nine months after such enactment date by owners or operators of landfills and surface impoundments for which a completed application has been submitted prior to such date. Directs the Administrator (or the authorized State) to make such information available to the Agency for Toxic Substances and Disease Registry. Directs the Administrator of such Agency to conduct a health assessment whenever a landfill or surface impoundment poses a substantial potential risk to human health. Allows any member of the public to submit evidence of releases of or exposure to hazardous constituents from such a facility, or as to the associated risks or health effects.

Amends the Superfund Act to provide that funding for remedial action for a release at a facility owned by a State or local government but operated privately shall be the same as funding for remedial action for a release at a privately owned facility.

Provides for a study of the problems associated with the accumulation, storage, and disposal of hazardous wastes generated by educational institutions. Directs the Administrator, in consultation with the Secretary of Education, the States, and appropriate educational associations, to conduct such study, including specified investigations and consideration of specified factors. Directs the Administrator to report the findings of such study to the Congress within 12 months after the enactment of this Act.