[CPEO-MEF] Hunter Amendments to HR 4546; RCRA &CERCLA

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HUNTER AMENDMENT ON RCRA

Amendment to HR 4546, as Reported.
Offered by Mr. Hunter of California

At the end of subtitle B of title III (page 56, after line 2), insert 
the following new section:

SEC. 314. DEFINITION OF SOLID WASTE UNDER SOLID WASTE DISPOSAL ACT.

Section 1004(27) of the Solid Waste Disposal Act (42 U.S.C 6903(27)) is 
amended-
(1) "(A)" after "(27)"; and (2) by adding at the end following new sub- 
paragraphs:
     "(B) The term 'solid waste' includes explosives, unexploded 
ordance, munitions, munition fragments, or constituents thereof that-
     "i) are or have been deposited, incident to their normal and     
expected use, on an operational range, and 
    "(ii) are removed from the operational range for reclamation, 
treatment, disposal, treatment prior to disposal, or storage prior to or 
in lieu of reclamation, treatment, disposal, or treatment prior to 
disposal;
    "(iii) are recovered, collected, and then disposed of by burial or 
landfilling; or
     "(iv) migrate off an operational range and are not addressed under 
the Comprehensive Environmental Response,Compensation, and Liability Act 
of 1980 (42 USC 9601 et seq.) ; or
     "(v) are deposited, incident to their normal and expected use off 
an operational range, and are not promptly rendered safe or retrieved.

"(C) Except as set out in subparagraph (B), the term 'solid waste' does 
not include explosives, unexploded ordanance, munitions, munitions 
fragments, or constituents thereof that-
     '(i) are used in military training personnel or explosives and 
munitions emergency response specialists (including training in proper 
destruction of unused propellant or other munitions);
    '(ii) are used in research, development, testing, and evaluation of 
military munitions, weapons, or weapon systems;
    "(iii) are or have been deposited, incident to their normal and 
expected use, on an operational range, except as provided in 
subparagraph (A);
    " (iv) are deposited, incident to their normal and expected use, off 
an operational range, and are promptly rendered safe or retrieved; or
    "(v) are recoverd, colledted, and destroyed on range during 
clearance activities at operational ranges, but not including the 
on0range burial of unexploded ordnance and contaminants when the burial 
is not a result of product use.".


HUNTER CERCLA AMENDMENT

AMENDMENT TO HR 4546, AS REPORTED
OFFERED BY MR. HUNTER OF CALIFORNIA

At the end of subtitle b title III(page 56 after line 2), insert the 
following new section:

SEC 314. DEFINITION OF RELEASE UNDER COMPREHENSIVE ENVIRONMENTAL 
RESPONSE, COMPENSATION, AND LIABILTY ACT OF 1980.

   Section 101(22) of the Comprehensive Environmental Response, 
Compensation, And Liabilty Act of 1980 (42 USC. 9601 (22)) is amended-
   (1) by redesignating subparagraphs (A), (B), (C), and (D) as clauses 
(i), (ii), (iii), and (iv), repectively;
   (2) by inserting "A" after "(22)";
   (3) by striking "contaminant)" and increasing "contaminant and 
inlcuing the deposit off an operational military range, or the migration 
off an operational military range, of any explosives, unexploded 
ordanance, munitions, munition fragments, or constituents thereof)'; and
    (4) by adding at the end the following new subparagraph:
'(B) The term 'release' does not include the deposit or presence on an 
operational military range of any explosives, unexploded ordanance, 
munitions, munitions fragments, or constituents therof that are or have 
been deposited thereon incident to their normal and expected use, except 
that nothing in this subparagraph affects-
"(i) the authority of the President under section 106 (a) to address an 
imminent and substantail endangerment to the public health or welfare or 
the environment, including orders to test and monitor; and
"(ii) the authority of the Secretary of Defense to protect the 
environment, safety and health on operational ranges of the Department 
of Defesne.".

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