legislation: 102-s-2919
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
This data as json
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| 102-s-2919 | 102 | s | 2919 | Hazardous Waste Facilities Siting Act of 1992 | Environmental Protection | 1992-07-01 | 1992-07-01 | Read twice and referred to the Committee on Environment and Public Works. | Senate | Sen. Specter, Arlen [R-PA] | PA | R | S000709 | 0 | Hazardous Waste Facilities Siting Act of 1992 - Amends the Solid Waste Disposal Act to require permit applications submitted by persons who plan to construct a hazardous waste treatment, storage, or disposal facility to contain assurances that the following procedures have been carried out: (1) an announcement of the intent to apply for the permit to site a hazardous waste disposal facility and the location of any property to be purchased has been published in a newspaper of general circulation before the filing of the application; (2) the applicant requested the Administrator of the Environmental Protection Agency to establish an advisory committee; (3) the applicant submitted to the Administrator and to the appropriate official of the host community a prospectus that details the criteria for the selection of a site and the nature of the planned facility; (4) the applicant submitted to the Administrator and the host community advisory committee a compliance history; (5) the host community advisory committee conducted at least one public meeting and hearing on the planned facility and the applicant paid the expenses associated with the hearing; (6) the applicant submitted to the Administrator a detailed analysis of the proposed site, the technologies and treatment to be used at the site, and the annual capacity of the facility; (7) the applicant submitted to the Administrator a finding by the State that requirements under State law concerning the necessity for hazardous waste treatment, storage, and disposal in the State require the siting of additional facilities; and (8) the applicant requested the appropriate official of the host community for written consent to site the facility. Directs the Administrator, upon the request of an applicant, to establish a host community advisory committee. Requires permit applications to: (1) contain a statement by the appropriate official as to whether the consent for the facility was issued; and (2) contain assurances that the State will provide grants to the host community advisory committee until a final decision is made concerning the application. Directs the Administrator to establish a host community advisory committee assistance grant program. Authorizes appropriations. Directs the Administrator, prior to issuing a permit for a new hazardous waste disposal facility or for any such facility that has not received an operating permit as of January 1, 1992, to: (1) receive assurances that the permit application procedures have been completed; and (2) determine whether a facility would conform with applicable capacity assurance plans submitted in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Prohibits the issuance of a permit if the Administrator determines that the facility could cause the State to exceed its capacity needs, unless the State cannot fulfill capacity requirements under capacity assurance plans submitted under CERCLA. Prohibits a facility, as a permit condition, from managing hazardous waste generated outside of the State unless the owner or operator enters into an agreement with the host community authorizing the treatment, storage, or disposal of such waste. Bars the Administrator from authorizing a State hazardous waste program unless the State program provides for appointment of host community committees and review procedures for permit applicants. Amends CERCLA to direct the Administrator to: (1) establish guidelines for the biennial gathering of capacity assurance reporting data; and (2) promulgate regulations that require any State that documented a capacity shortfall in a quantity exceeding 50,000 tons per year or that is a net exporter of hazardous waste to submit specified information. Prescribes civil penalties for failures to submit such information. Requires the Administrator to: (1) establish guidelines for the inclusion of toxic chemical release information required to be submitted under the Emergency Planning and Community Right-to-Know Act of 1986 in the capacity assurance data required under CERCLA; (2) develop a model capacity assurance plan to assist States in complying with the data gathering process required to prepare a capacity assurance plan; and (3) publish in the Federal Register a statement concerning whether the United States has adequate capacity to treat and dispose of hazardous waste during the 20-year period following the statement's publication. | 2025-08-26T15:13:32Z |