102nd Congress > House > Vote 823

Date: 1992-09-23

Result: 403-3 (Passed)

Clerk session vote number: 409

Vote Subject Matter: Government Management / Budget Special Interest

Bill number: HR2194

Question: On Agreeing to the Conference Report


Bill summary: Title I: Federal Facility Compliance Act - Federal Facility Compliance Act of 1992 - Amends the Solid Waste Disposal Act to waive the sovereign immunity of the United States for purposes of enforcing Federal, State, interstate, and local requirements with respect to solid and hazardous waste management. Absolves Federal employees from personal liability for civil penalties under any Federal, State, interstate, or local solid or hazardous waste law if the act or omission was within the scope (...show more) of official duties. Makes such employees subject to criminal sanctions under such laws. Prohibits Federal agencies from being subject to such sanctions. Authorizes the Administrator of the Environmental Protection Agency (EPA) to commence an administrative enforcement action against any Federal agency pursuant to the authorities of the Solid Waste Disposal Act. Requires fines collected by States from the Federal Government for violations of hazardous and solid waste management requirements to be used only for projects to improve or protect the environment or to defray the costs of environmental protection or enforcement. Provides that such amendments shall be effective upon the date of enactment of this Act, with specified exceptions and delayed effective dates for the waiver of sovereign immunity for violations involving the storage of certain mixed waste. Defines "mixed waste" as waste that contains both hazardous waste and source, special nuclear, or by-product material subject to the Atomic Energy Act of 1954. Requires Federal agencies that own or operate hazardous waste facilities to reimburse EPA for costs of inspections. Directs the Administrator to conduct comprehensive groundwater monitoring evaluations at such facilities unless an evaluation was conducted during the 12-month period preceding this Act's enactment date. Directs the Secretary of Energy to submit reports containing national inventories of all mixed wastes, on a State-by-State basis, and of mixed waste treatment capacities and technologies to the Administrator and the Governor of each State in which the Department of Energy (DOE) generates or stores mixed wastes. Requires the Secretary to develop a treatment capacity and technology plan for each facility at which DOE generates or stores mixed wastes. Exempts from such requirement any facility subject to a permit establishing a schedule for treatment of such wastes or any existing agreement or administrative or judicial order governing the treatment of such wastes to which the State is a party. Provides for approval of plans by: (1) State regulatory officials, in the case of facilities located in States with authority to prohibit land disposal of mixed waste and to regulate hazardous components of such waste; and (2) the Administrator, in the case of States without such authority. Authorizes a State to waive the requirement for plan submission if the State enters into an agreement with the Secretary that addresses compliance with respect to mixed waste and issues an order requiring compliance. Exempts hazardous waste generated on a public vessel from storage, manifest, inspection, or recordkeeping requirements until such waste is transferred to a shore facility, unless: (1) the waste is stored on the vessel for more than 90 days after such vessel is placed in reserve or is no longer in service; or (2) the waste is transferred to another public vessel within U.S. territorial waters and is stored on such vessel or another public vessel for more than 90 days after the date of transfer. Directs the Administrator to promulgate regulations identifying when military munitions become hazardous waste and providing for the safe transportation and storage of such waste. Excludes from the definition of "solid waste" solid or dissolved material in domestic sewage. Applies such exclusion to solid or dissolved material introduced by a source into a federally owned treatment works if: (1) such material is subject to a pretreatment standard under the Federal Water Pollution Control Act and the source is in compliance with the standard; (2) the Administrator has established a schedule for promulgating a pretreatment standard which would be applicable to such material within seven years of this Act's enactment; (3) such material is not subject to a land disposal ban; or (4) such material is generated by a household or person who generates fewer than 100 kilograms of hazardous waste per month unless such material would otherwise be an acutely hazardous waste and subject to other requirements. Makes it unlawful to introduce any hazardous waste into a federally owned treatment works. Requires the Administrator to establish: (1) a program to assist small communities in planning and financing environmental facilities and compliance activities; and (2) a Small Town Environmental Planning Task Force. Directs the Administrator to publish a list of requirements under Federal environmental and public health statutes applicable to small towns and make additions to, and deletions from, such list on an annual basis. Requires the Administrator, as part of the Small Town Environmental Planning Program, to implement a program to notify small communities of such regulations and of future regulations and requirements. Directs the Administrator to establish and staff in each regional office an office of the Small Town Ombudsman to provide assistance in connection with the Small Town Environmental Planning Program. Requires the Administrator to evaluate and report to the Congress on the feasibility of establishing a multi-media permitting program for small towns. Authorizes appropriations. Directs the Chief Financial Officer of each affected agency to report annually to the Congress on compliance activities undertaken by the agency for mixed waste streams and the penalties imposed on the agency for violations involving such waste. Title II: Metropolitan Washington Waste Management Study Act - Metropolitan Washington Waste Management Study Act - Prohibits the expansion of the I-95 Sanitary Landfill in Lorton, Virginia, on lands owned by the U.S. Government unless: (1) an environmental impact satatement regarding such expansion has been completed and approved by the Administrator; and (2) the costs incurred in completing such statement are paid from the landfill's enterprise fund or in accordance with another payment formula based on jurisdictional usage of the landfill. Permits the landfill to be expanded for purposes of the ash monofill if it is used solely for the disposal of incinerator ash from the parties of the July 1981 Memorandum of Understanding. Permits the use of the monofill for solid waste disposal for a maximum of 30 days whenever a resource recovery facility or an incinerator operated by or for such parties is unavailable because of an emergency shutdown. Prohibits the landfill, unless the environmental impact statement and cost-sharing requirements are met, from receiving or disposing of municipal or industrial waste other than incinerator ash.

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Bill titles: To amend the Solid Waste Disposal Act to clarify provisions concerning the application of certain requirements and sanctions to Federal facilities.; Federal Facility Compliance Act of 1992; Metropolitan Washington Waste Management Study Act

Links for more info on the vote: congress.gov

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