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1 poration of the ash or any hazardous constituents into the 2 food chain, ingestion of potable water or aquatic orga3 nisms contaminated by surface runoff, leaching or per4 colation of such ash or its hazardous constituents into 5 ground water or surface water, ingestion or inhalation of 6 soil particles contaminated with such ash, and dermal con7 tact with such ash.

8

"(2) Such regulations shall require treatment of ash 9 from municipal waste combustion units before any such 10 ash is recycled or reused to protect human health and the 11 environment. Such regulations shall specify those levels or 12 methods of treatment that, taking into account the poten13 tial pathways of exposure identified in paragraph (1)— "(A) substantially reduce the likelihood of mi

14

gration of ash or its hazardous constituents so that short-term and long-term threats to human health

and the environment are minimized;

"(B) satisfy any criteria and routine testing procedures included in the regulations under paragraph (1); and

"(C) assure that the recycling or reuse of such

ash is protective of human health and the environ

ment.

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1 "(3) Until the Administrator promulgates regulations 2 under this subsection, no person may reuse or recycle ash 3 from a municipal waste combustion unit unless

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"(A) such ash is treated and leachate from an extraction procedure toxicity test applied to such ash does not exceed standards established pursuant to section 1412 of the Safe Drinking Water Act;

"(B) such ash passes any other toxicity test prescribed by the Administrator under section 3001, when administered on a routine basis;

"(C) such recycling or reuse is approved pursuant to a State system of prior approval or permitting; and

"(D) the manner in which the recycling or reuse is carried out minimizes, to the maximum extent practicable, releases of ash to the ambient air. 17 "(4) Notwithstanding paragraph (3), any dem18 onstration project for the reuse or recycling of ash that 19 existed as of December 31, 1991, and is operating pursu20 ant to a State system of prior approval or permitting or 21 pursuant to a judicial consent decree, may continue oper22 ating until the promulgation of regulations under this sec23 tion.

24 "(f) CRITERIA AND TESTING.-(1) For the purposes 25 of developing regulations for the management, handling,

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1 storage, treatment, transportation, reuse, recycling, and 2 disposal of ash from municipal waste combustion units 3 under this section, the Administrator shall, not later than 4 18 months after the date of enactment of the National 5 Waste Reduction, Recycling, and Management Act, pro6 mulgate criteria and testing procedures for identifying the 7 characteristics of ash from municipal waste combustion 8 units that may pose a hazard to human health or the envi9 ronment. In considering potential hazards to human 10 health and the environment, the Administrator shall con11 sider, to the extent appropriate, all potential pathways of 12 human or environmental exposure to constituents of such 13 ash, including, inhalation, ingestion as a consequence of 14 incorporation of the ash or any constituent into the food 15 chain, ingestion of potable water or aquatic organisms 16 contaminated by surface runoff, leaching or percolation of 17 such ash or its constituents into ground water or surface 18 water, ingestion or inhalation of soil particles contami19 nated with such ash, and dermal contact with such ash 20 (including, for all such pathways, situations of disposal or 21 reuse). At a minimum, the Administrator shall consider 22 appropriate methods to determine leaching, total chemical 23 analysis, respirability, and toxicity. The criteria and ac24 companying testing procedures promulgated by the Ad25 ministrator under this subsection shall reflect the hetero

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1 geneous characteristics of municipal solid waste and ash 2 from municipal waste combustion units, including seasonal 3 variations in the constituents of such solid waste and ash. 4 Leaching procedures established under this subsection 5 shall include testing under acidic and native conditions. 6 Test leachate from any ash containing a substance in con7 centrations exceeding the maximum contaminant level for 8 such substance established pursuant to section 1412 of the 9 Safe Drinking Water Act by a factor of one hundred or 10 more shall, unless the Administrator establishes a more 11 stringent requirement, constitute a failure of the test re12 quired by this section.

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"(2) When disposal of ash occurs pursuant to sub14 section (c) or (e), the Administrator shall require the 15 owner or operator of any municipal waste combustion unit 16 or any facility handling, transporting, storing, treating, 17 reusing, recycling, or disposing of ash from such unit to 18 test such ash in accordance with the appropriate criteria 19 and testing procedures promulgated under this subsection. 20 If fly ash and bottom ash are combined, such combined 21 ash must also be tested in accordance with such criteria 22 and testing procedures, including, as the Administrator 23 determines necessary, the separate testing of bottom ash 24 and fly ash.

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1

"(3) Any ash which fails in any characteristic under

2 the appropriate criteria and testing procedures promul3 gated by the Administrator under this subsection shall be 4 disposed of in a facility in compliance with subsection 5 (b)(1) or (b)(3), or shall be treated (as defined in sub6 section (a)) in accordance with regulations promulgated 7 under subsection (a) and shall be demonstrated to satisfy 8 all applicable criteria promulgated under this subsection. 9 before disposal (pursuant to subsection (c)) or reuse (pur10 suant to subsection (e)).

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"(4) The Administrator shall seek to validate the cri12 teria and testing procedures established pursuant to this 13 subsection by conducting a program of analysis of leachate 14 produced at facilities disposing of or reusing ash from mu15 nicipal waste combustion units.

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"(g) CORRECTIVE ACTION.-(1) Corrective action 17 regulations promulgated pursuant to subsection 4010(c) 18 shall apply to any facility regulated under this section. 19 The Administrator may establish such additional require20 ments for units regulated under this section as may be 21 necessary to protect human health and the environment. 22 "(2)(A) Whenever on the basis of any information the 23 Administrator determines that there is or has been a re24 lease of any hazardous constituent from a facility regu25 lated under this section, the Administrator may issue an