RCRA REAUTHORIZATION - LEGISLATIVE SUMMARY
Office of Solid Waste
Communications, Analysis and Budget Division
May 3, 1991
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TABLE OF CONTENTS
HAZARDOUS WASTE 1
INTERSTATE TRANSPORTATION 2
MEDICAL WASTE 5
WASTE MINIMIZATION/RECYCLING 6
RECYCLING - BATTERIES 10
RECYCLING - NEWSPRINT 11
RECYCLING - TIRES 12
RECYCLING - TAX INCENTIVES 13
PLASTICS 13
USED OIL 14
FEDERAL FACILITIES 16
OTHER 16
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DATE
BILL NO.
LEGISLATIVE SUMMARY
COMMITTEE
1/3
HR 177
I)
1/3
HR 178
1/11
3/21
4/25
HR510
S. 761
S. 976
HAZARDOUS WASTE
Pease (D-OH). Amends the SWDA and TSCA to require EPA to
consider an applicant's record in owning or operating other
hazardous waste facilities or incineration facilities before it issues
a permit for a hazardous waste facility or an approval 'or the
incineration of PCBs.
Pease (D-OH). Authorizes EPA to make grants to eligible groups
which may be affected by the treatment, storage or disposal of
hazardous waste at a facility seeking a permit under section 3005
of the SWDA. The grants may be used to obtain technical
assistance to interpret information pertaining to the facility, the
site, the applicant or the nature of the potential threat to HHE.
Grants may not exceed $100K and require a 20% match by the
recipient. The President may waive the matching requirement.
Kolter (D-PA). Requires generators of hazardous waste to treat,
dispose, or recycling waste at the site on which the waste was
generated.
Lieberman (D-NJ). Hazardous Pollution Prevention Planning Act
of 1991.
Baucus (D-MT). RCRA Amendments of 1991. Bill contains
provisions covering both hazardous and solid wastes. Provisions
include review of RCRA rules and regulations by OMB; toxic use
and source reduction; regulations for recycling of hazardous
wastes or hazardous secondary materials; recycling; state solid
waste management plans; permits for disposal of solid wastes;
management standards for used oil; interstate waste transport; and
underground storage tanks. (See attached section-by-section
analysis).
Energy and
Commerce
Energy and
Commerce
Energy and
Commerce
Environment and
Public Works
Environment and
Public Works
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4/25
S. 982
1/3
HR 173
1/3
HR 116
1/14
S. 153
Chafee (R-R1). Hazardous Waste Recycling Act of 1991.
Provides EPA statutory authority to regulate recycling activities
by amending the definition of "solid waste" to include materials
that are recycled.
INTERSTATE TRANSPORTATION
OJin (D-VA). Solid Waste Transportation Act. Requires States to
prepare a plan covering a 20 year period which identifies the
amount of waste (by waste type) that is expected to be generated;
how the State will assure capacity; and the volume of waste
planned to be reduced through source reduction and recycling.
Upon approval of the plan, States may prohibit imports of all
solid waste or of certain waste types if the plan justifies such
limitation based on lack of capacity. State to establish a permit
program and thereafter the transportation of solid waste to a
facility which is not permitted is prohibited.
Kanjorski (D-PA). Solid Waste Compact Act. Within 1 year,
each state shall be responsible for providing, either by itself or
with other states, a plan to dispose of solid waste generated within
their state and submitting it to EPA for approval. States may
enter into Interstate Compacts to provide for the establishment
and operation of regional disposal facilities.
Coats (R-IN). Authorizes states to enact laws imposing fees or
other charges in connection with the disposal and treatment of
non-hazardous waste coming into such state from another state.
states may regulate/ban waste imports if they a) have adopted a
20 year management plan and b) certify to EPA that they have
adequate capacity to manage all solid waste generated in the state
or received pursuant to any other agreement for the next 5 years.
The bill does not apply to RCRA hazardous waste, materials
transported for recycling/reclamation, wastes resulting from
CERCLA response action or corrective action, TSCA waste, or
non-hazardous waste transported for treatment, storage or
Environment and
Public Works
Energy and
Commerce
Energy and
Commerce
Environment and
Public Works
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1/14
S. 174
1/14
S. 197
1/14
1/22
S. 175
S. 241
disposal to a facility owned or operated by the original generator.
EPA has the authority to exempt waste types or recycling
practices.
Specter (R-PA). States must certify to EPA that based on their
plan or agreements made with other States, they have adequate
capacity to manage all non-hazardous waste for a 20 year period.
Upon certification, States may impose differential fees on wastes
generated within or outside the State. Excludes non-hazardous
wastes imported for recycling/reclamation or for conversion into
a usable fuel or energy source; hazardous wastes and non-
hazardous waste sent to a permitted hazardous waste facility; or
wastes sent to a facility owned or operated by the original
generator. The Interstate Commerce Commission, in consultation
with the Department of Justice, shall have the responsibility to
investigate and review the interstate operations and agreements.
McConnell (R-KY). Solid Waste Treatment and Disposition Fee
Act of 1991. Authorizes states to impose fees in connect'on with
the disposal and treatment of both hazardous and non-hazardous
waste. Fees may be imposed against any landfill operator or solid
waste treatment facility, or person shipping or transporting solid
waste for treatment or disposal either interstate or intrastate.
Excludes wastes imported for 1) recycling or for conversion into
usable fuel or energy source; 2) non-hazardous waste sent to a
facility owned or operated by the original generator; and 3) non-
hazardous waste sent to a permitted hazardous waste facility.
Within 90 days, EPA shall promulgate regulations which require
persons who ship or transport solid waste in excess of 100 pounds
in interstate commerce to submit a registration statement.
Bingaman (D-NM). Solid Waste Compact Act of 1991. Same as
HR 116 (Kanjorski) above.
Warner (R-VA). States Solid Waste Regulatory Act. Authorizes
states to impose and collect fees in connection with the treatment,
disposal or other disposition of non-hazardous waste imported
from another state. Establishes a limit on the percentage increase
Environment and
Public Works
Environment and
Public Works
Environment and
Public Works
Environment and
Public Works
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1/22
HR 592
1/30
HR 724
1/30
2/5
HR 739
HR816
of the fee from 1992 on (e.g., for 1992, the fee shall not exceed
an amount which is equal to the base amount times 50%). Five
years after enactment, states may ban waste imports if they have
an approved plan. Authorizes compact agreements. Establishes a
number of state solid waste management plan provisions including
10 year capacity assurance and recycling provisions. States are
required to submit plans to EPA within 6 months; plans are
effective if EPA does not approve within 6 months of submittal.
Applegate (D-OH). Authorizes states to enact laws banning the Energy and
import of hazardous and non-hazardous waste and to impose and Commerce
collect fees on imported wastes. Within 90 days, EPA must
establish a program whereby persons who ship wastes in excess of
100 pounds shall file an annual registration statement to the
Agency.
Erdreich (D-AL). Hazardous and Solid Waste Management Act Energy and
of 1991. Authorizes states which have entered into an agreement Commerce
with the President under CERCLA 104(c)(9) (capacity assurance
plans) to prohibit imports of all or particular types of hazardous
wastes. For non-hazardous wastes, states are required to submit
plans to EPA which identify the amount of wastes to be generated
and the process which will be used to assure available capacity for
a 20 year period. States with approved plans may prohibit the
import of all or certain types of non-hazardous wastes only if the
plan justified such limits based on lack of capacity. Allows states
to issue fees.
McCurdy (D-OK). Authorizes states to regulate the import of Energy and
non-hazardous wastes. Commerce
Owens (D-UT). Amends the SWDA to authorizes each state to 1) Energy and
prohibit the transportation into the State of hazardous waste Commerce
generated outside the state; 2) prohibit the TSD within the state
of such waste; and 3) levy fees on such waste or on hazardous
waste transporters. Prohibits a state from levying a fee for the
TSD of such waste that is less than the maximum levied by the
generating state for a similar quantity of waste.
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2/6
3/7
3/20
HR921
S. 592
HR 1525
3/22
S. 774
4/24
HR 2072
1/3
HR215
Richardson (D-NM). Prohibits the disposal of solid waste in any
state other than the state in which it was generated unless the
state in which it is to be disposed has given prior consent.
Shelby (D-AL). Same as HR 724 (Erdreich) above with the
exception that this bill authorizes fees on solid waste imports if
the importing state lacks treatment and disposal capacity.
Sawyer (D-OH). Authorizes states with 20 year waste
management plans to ban or otherwise regulate the import of solid
waste. Exceptions to import bans include solid waste generated
by Superfund, RCRA corrective action, substances regulated
under TSCA section 6 (e), wastes intended for recycling or
reclamation, and waste transported to facilities owned by the
generator. Allows differential fees and state compacts.
Breaux (D-LA). State Regulation and Management of Solid Waste
Act of 1991. Authorizes states to control interstate shipment of
solid and hazardous waste. States to prepare 20 year solid waste
management plans. States must certify to EPA on an annual basis
that they have met plan objective. Within one year, EPA to issue
hazardous waste net exporter guidelines. Requires states to
prepare hazardous waste management program which ensures the
adequacy of permitting, siting, planning and regulatory capability
for recycling, destruction, treatment, and disposition for a 5 year
period.
Myers (R-IN). Same as S. 153 (Coats) above.
MEDICAL WASTES
Roe (D-NJ). Requires EPA to develop a research programs to 1)
assess the sources, amounts, composition and disposal of
infectious medical wastes; 2) determine the hazards to public
Energy and
Commerce
Environment and
Public Works
Energy and
Commerce
Environment and
Public Works
Energy and
Commerce
Energy and
Commerce; Science,
Space and Technology
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4/16
HR 1816
1/3
HR231
1/3
HR 300
1/3
HR3S1
health; 3) compare incineration processes, autoclaving and other
disposal technologies of infectious medical waste; and 4) assess the
status of U.S. medical waste management practices.
Saxton (R-NJ). Extends the medical waste tracking program
through June 1993.
WASTE MINIMIZATION/RECYCLING
Snowe (R-ME). National Solid Waste Minimization Act.
Establishes national goals for source reduction/recycling. For
recycling, the goal is 25% by 1994 and 40% by 2000. Requires
annual report to Congress on MSW generation. Products and
Packaging: Administrator, together with the Secretary of
Commerce, shall develop a list of categories of commonly used
products/packaging which are discarded; determine categories to
be targeted for regulatory action based on low use of recovered
material in manufacturing, low level of recycling upon discard, or
high volume in the waste stream. The Administrator and the
Secretary of Commerce shall develop voluntary packaging
standards. The Administrator may promulgate regulations to
require labels on products/packaging that are and are not
recyclable. Landfills: within 1 year of enactment, EPA is to
report to Congress on the cost and difficulties encountered by
communities in closing landfills and provide recommendations.
Hochbrueckner (D-NY). Recyclable Materials Technology and
Markets Development Act. Encourages recycling and composting
through promoting markets. Commerce to establish and Office of
Recycling Research and Information. Requires Commerce to
establish recycling rates for recyclable products: 25% by 1994,
50% by 1997, and 75% by 1998. Prohibits the manufacture of
non-recyclable products after 12/31/92 if recyclable substitute is
available. Commerce to develop recycling seals.
Lagomarsino (R-CA). Expresses the sense of the House of
Energy and
Commerce
Energy and
Commerce
Energy and
Commerce; Science,
Space and Technology
Post Office and Civil
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1/3
HR242
1/14
S.201
1/23
1/28
1/30
S.255
HR6S9
HR755
1/30
S.297
Representatives that the U.S. Postal Service should study and
report to Congress on the feasibility of establishing lower rates
for second- and third-class mail matter which use recycled paper
and material.
Anderson (D-CA). Congressional Recycling Act of 1991.
Requires Congress and its public printer to purchase/use recycled
paper and paper products to the greatest extent practicable.
Exception if items are not available or "unreasonable priced"
(Congress to define); EPA to recommend level of recovered
material content for recycling.
Gore (D-TN). World Environment Policy Act of 1991, Title VI:
National Recyclable Commodities Act of 1991. Authorizes the
Department of Commerce to 1) gather and publish statistics on
solid waste and specified recovered materials; 2) revise SIC
system, as necessary; 3) report annually on recycling rates and the
technical and economic factors that influence markets for
recovered materials; 4) promulgate regulations requiring labeling
on the recyclability on nondurable goods; 5) issue procurement
guidelines; and 6) establish 4-6 recycling research centers.
Bingaman (D-NM). Same as HR 242 (Anderson) above with the
exception that "unreasonable price" is defined as that which
exceeds by more than 10% the price of non-recycled paper or
paper products.
Byron (D-MD). Requires GAO to study alternatives to promote
recycled paper in 3rd class mail, including preferential postal
rates.
Weldon (R-PA). Recycling Information Clearinghouse Act of
1991. To improve the collection, analysis and dissemination of
information that will promote the recycling of municipal solid
waste; to establish a clearinghouse to be administered by OSW; to
establish a toll-free hotline.
Heflin (D-AL). Same as HR 351 (Lagomarsino) above.
Service'
Administration
Environment and
Public Works
Rules and
Administration
Post Office and Civil
Service
Energy and
Commerce
Governmental Affairs
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2/5
HR 828
2/5
S.Res 40
2/6
HR945
2/7
2/20
S.J.Res
70
HR997
2/20
S. 453
Slaughter (D-NY). Recycling Initiatives Grant Act. Amends the
SWDA to authorize Federal grants for the purpose of conducting
research on or developing innovative techniques for the recycling
of solid waste. The amount of any grant may not exceed
$100,000.
Glenn (D-OH). Expresses the sense of the Senate that Congress
should support 1) a reduction in the volume of disposable
packaging material; 2) an increase in the recyclability of
packaging products that cannot be reduced; 3) an increase in the
recycled material content of packaging products; and 4) a
reduction in the disposal impact of packaging waste by decreasing
toxic materials in packaging.
Tauzin (D-LA). Comprehensive Recycling Act of 1991. Amends
the SWDA to require states to provide an opportunity for their
citizens to participate in comprehensive multi-material recycling
programs. Within 2 years of enactment, the program is to be
included in the state's Solid Waste Management Plan. EPA to
provide technical assistance on recycling methods and
opportunities. Grants available to states for the development of
programs to promote the use of recycling techniques by
businesses, local government and regional waste management
authorities.
Lieberman (D-CT). Designates April 15, 1991 as National
Recycling Day.
Henry (R-MI). National Recycling Resource Act. Prohibits the
sale (including vending machines) of carbonated soft drinks, beer,
wine coolers, mineral/soda water in beverage containers unless
the container has a 10 cent refund label. Distributors to pay
unclaimed refunds to EPA for use on pollution prevention and
recycling activities. Exempts certain states which have similar
requirements.
Bingaman (D-NM). Same as HR 659 (Byron) above. Also
Energy and
Commerce
Environment and
Public Works
Energy and
Commerce
Judiciary
Energy and
Commerce
Governmental Affairs
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2/26
S. 486
2/28
HR 1201
3/4
3/12
H.J.Res 169
HR 1408
3/12
3/12
3/21
HR 1405
S. 615
S.730
requires GAO to report on requiring Members to use recycled
paper for franked mail.
McConnell (R-KY). Federal Recycling Incentives Act. Requires
Federal departments, agencies and instrumentalities to separate
certain solid waste for recycling purposes (i.e., high grade white
paper, newspapers, aluminum, and glass bottles/containers).
Agencies may retain funds received from the sales. GSA to
report to Congress within 15 months of program implementation.
Porter (R-IL). Recycled Paper Procurement Act of 1991.
Amends the SWDA to strengthen the standards for Federal
procurement of recycled paper and to clarify that standards apply
to Congress as well. By FY 1993, all federal procuring agencies
must purchase a minimum of 50% recycled paper.
Torrecelli (D-NJ). Same as S.J. Res. 70 (Lieberman) above.
Sikorski (D-MN). Environmental Marketing Claims Act of 1991.
Amends the Fair Packaging and Labeling Act. Authorizes the
establishment of an environmental marketing claims regulatory
program within EPA as well as an Independent Advisory Board.
The Board shall make recommendations to the Administrator on
the definitions and standards to be used in regulating marketing
claims. Final regulations to be promulgated within 18 months.
Manufacturers/persons must certify to the Administrator that the
environmental marketing claim intended to be used meets the
requirements of the regulations. Enforcement provisions.
Picket! (D-VA). Amends the SWDA to authorize the Secretary of
Commerce to make grants and provide technical assistance to
state, regional and local agencies for the development of markets
for recovered materials.
Lautenberg (D-NJ). Same as HR 1408 (Sikorski) above.
Lautenberg (D-NJ). Reduction of Metals in Packaging Act.
9
Governmental Affairs
Energy and
Commerce
Energy and
Commerce
Energy and
Commerce
Environment and
Public Works
Environment and
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4/16
4/17
4/25
HR 1818
HR 1911
HR 2095
2/6
HR870
Within 2 years of enactment, EPA shall issue regulations which
require that no package or packaging component shall be offered
for sale which includes inks, dyes, pigments, adhesives,
stabilizers, or any other additives such as lead, cadmium,
mercury, or hexavalent chromium which has been intentionally
introduced as an element during manufacturing. The sum of the
concentration levels of lead, cadmium, mercury, hexavalent
chromium in any package or packaging component shall not
exceed 600 parts per million by weight (0.06%).
Traficant (D-OH). One year demonstration program to provide
grants to states and local governments for community recycling
projects.
Volkmer (D-MO). Authorizes grants for purchase of recycling
equipment.
Anderson (D-CA). Requires Federal departments, agencies and
instrumentalities to separate certain solid waste for recycling
purposes.
RECYCLING - BATTERIES
Torres (D-CA). Lead Battery Recycling Incentive Act. Within
18 months, EPA shall promulgate management standards for
persons who generate, transport, store, recycle or dispose of lead
acid batteries. EPA shall conduct economic analysis of the impact
of the regulations on the recycling industry. Recycling
Requirements: Producers and importers are required to
manufacture batteries with a specified percentage of recycled
lead. The percentage during the first year is 80%; for each of the
next 10 years, an additional 2 percentage points will be added. If
the rate exceeds 95%, the Administrator may waive/reduce the
2% increase. If EPA fails to issue regulations within 18 months,
the beginning rate is 90%. EPA to promulgate regulations
10
Public Works
Energy and
Commerce
Energy and
Commerce
Energy and
Commerce
Energy and
Commerce
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2/7
2/7
S. 398
S. 391 !>
3/20
HR 1510
1/11
HR507
2/6
HR873
creating a credit system within 18 months. Change: importers
may purchase credits from recycling facilities rather than creating
credits.
Wirth (D-CO). Same as HR 870 (Torres) above.
Reid (D-NV). Lead Exposure Reduction Act. Section 405
contains lead acid battery recycling provisions. Prohibits the
disposal/incineration of lead-acid batteries in any manner other
than by recycling. Retailers/wholesalers are required to accept
used lead-acid batteries from customers.
Hochbrueckner (D-NY). Battery Recycling and Research Act.
Prohibits the disposal of used lead acid batteries in any manner
other than by recycling. Establishes collection and disposal
requirements for wholesalers, retailers and manufactureres.
Establishes battery labeling requirements which take effect on
January 1, 1992. Within 1 year, requires EPA to conduct a study
on the disposal and potential recyclability of household dry-cell
batteries and to report to Congress on the need for legislation,
regulation or further study.
RECYCLING - NEWSPRINT
Slaughter (R-VA). Newspaper Recycling Incentive Act of 1991.
Amends the Internal Revenue Code of 1986 to allow newspapers a
credit against income tax for using recycled newsprint. The
credit is applied against the amount paid by the taxpayer for
using recycled newsprint in publishing a newspaper. For
1991/1992, the applicable percentage is 15%; for 1993/1994, 10%;
for 1995/1996, 5%; the credit ends after 1996.
Torres (D-CA). Newsprint Recycling Incentives Act of 1991.
Requires producers and importers of newsprint to recycle a
certain percentage of newsprint each year. Percentage is to begin
11
Environment and
Public Works
Environment and
Public Works
Energy and
Commerce
Ways and Means
Energy and
Commerce
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2/7
4/17
S. 397
S. 832
2/6
HR871
at 20%. Requires EPA to establish a recycling credit system
within 18 months and a management and tracking system. Civil
penalty provisions. Change: EPA to come up with economic
incentives to encourage high grade white paper recycling; 20%
recycling rate.
Heinz (R-PA). Same as HR 873 (Torres) above.
Gorton (R-WA). Recycled Paper National Market Enhancement
Act. Requires the Secretary of Commerce to 1) prepare a report
determining how recycled paper can be better utilized; 2) conduct
a domestic market analysis for recycled paper; and 3) establish a
Federal procurement program for recycled paper.
RECYCLING - TIRES
Torres (D-CA). Tire Recycling Incentive Act. Requires
producers or importers of used tires recycle a certain percentage
of tires. The percentage for the first year shall be 5 percentage
points higher than the most recent year for which data is
available. For each of the next 10 years, the recycling percentage
shall increase by an additional 5%. Within 18 months, EPA is
required to establish a recycling credit system for used tires; the
amount of recycling credit that can be created per tire is defined.
Requires the establishment of a management system including the
development of a model program for use in state plans; establishes
a tracking system; bans disposal of whole tires in landfills within
24 months; establishes permit requirements for scrap tire
collection facilities; requires procurement guidelines for scrap and
used tires with the Secretary of Commerce (through NIST)
developing life cycle cost estimates of recycled items.
Enforcement provisions. Change: timeliness; tire regulations in
state plans with expedited review for plans which a) use 20%
retreads for state motor vehicles; b) use crumb rubber for use in
12
Environment and
Public Works
Environment and
Public Works
Energy and
Commerce
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2/7
2/20
S. 396
HR 1511
I.)
1/23
3/5
4/17
5/1
HR630
HR 1272
HR 1912
HR 2172
1/3
HR230
asphalt or roadbed construction; or c) have state recycle tires/sell
recycling credit for use in paving materials. Bans the "intentional
infliction of damage" on tire casings which is done to preclude
retreading (e.g., tire slashing).
Wirth (D-CO). Same as HR 871 (Torres) above.
Hochbrueckner (D-NY). Tire Recycling Promotion Act.
Establishes an Office of Recycling Research and Information in
the Department of Commerce. Office to make grants to
public/private entities to conduct research on the recycling of
scrap automotive tires and to collect/disseminate information on
tire reclamation technologies and markets for used tires.
RECYCLING - TAX INCENTIVES
Solomon (R-NY). Amends the IRS Code to provide a refundable
tax credit (i.e., 2 cents per pound) for recycling hazardous waste.
Sundquist (R-TN). Same as HR 630 (Solomon) above.
Volkmer (D-MO). Investment tax credit for recycling equipment.
Guarini (D-NJ). Amends the IRS Code to exempt recycling
facilities under the tax-exempt bond rules.
PLASTICS
Snowe (R-ME). Plastic Container Identification Act of 1991.
Prohibits the introduction of plastic containers into interstate
commerce that do not contain a marking that identifies the type
of plastic resin used to produce the containers. EPA to report to
Congress with plan to promote plastic recycling and
recommendations to reduce non-recyclable plastic use.
13
Environment and
Public Works
Energy and
Commerce; Science,
Space and Technology
Ways and Means
Ways and Means
Ways and Means
Ways and Means
Energy and
Commerce
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3/5
S. 554
3/7
S. 603
3/7
HR 1318
2/5
S.341
Glenn (D-OH). Degradable Plastics Standards Act of 1991.
Establishes an Interagency Committee on Degradable Plastics
Standards (EPA to chair) to 1) develop uniform definitions,
standards, and methods of testing for degradable plastic products;
2) determine what factors must be considered to assess the safety
of indirect food additives intended to increase the degradability
of plastic food-packaging materials; 3) identify methods to
increase federal government usage of degradable plastic products;
4) consider other matters including the feasibility of labeling
products; and 5) coordinate federal degradable plastic R & D
policy.
Glenn (D-OH). Coding of Plastics Containers Act of 1991.
Requires GSA to establish federal procurement criteria for
products manufactured from plastics containing recycled
materials. Creates an Interagency Task Force on Plastic
Containers Coding to study technology which may be applied to
facilitate the automated sorting of plastic containers in municipal
solid waste and separation by resin type. Requires the
Department of Commerce to issue regulations for coding of
plastic containers by resin type and by degradability within 12
months of enactment. Task Force to report annually to Congress
on the enforcement and compliance provisions, problems, and
resources required to implement the provisions.
Bruce (D-IL). Plastic Recycling Assistance Act of 1991.
Requires EPA to issue regulations for coding of plastic containers
by resin type and by degradability to assure that the use of
degradable plastic products does not adversely affect the recycling
of nondegradable plastic products. Provisions for annual report
and study same as S. 603 (Glenn) except that EPA rather than
Task Force is required to implement both provisions.
USED OIL
Johnston (D-LA). Oil Recycling Incentives
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Governmental Affairs
Energy and
Commerce
Environment and
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2/6
HR872
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2/7
3/12
S. 399
HR 1411
Torres (D-CA). Consumer Products Recovery Act. Requires
producers and importers of lubricating oil to recycle a certain
percentage of used oil each year. EPA to establish the
percentage. EPA to issue regulation establishing a credit system.
Within 2 years, EPA is to submit a plan to Congress on recycling
other commodities: newspapers, used tires, used lead acid
batteries, used pesticide containers, antifreeze, and volatile
organic compounds. EPA to issue regulations establishing
performance standards and other requirements for used oil.
Changes: Under the credit system, re-refined oil gets a double
credit. Used oil is not listed as hazardous if it goes to recycling
facility. Used oil recycling facilities to have class permit; used oil
must be tested at the facility; if it fails test, it must go to a
permitted hazardous waste facility.
Heinz (R-PA). Same as HR 872 (Torres) above except for
language on labeling requirements for lubricating oil and oil filter
packaging.
Skelton (D-MO). Used Oil Recycling Act of 1991. Prohibits
EPA from listing or identifying as a hazardous waste 1) recycled
oil; 2) used oil transferred to a person who certifies that such oil
will be rerefined, processed or reclaimed for a beneficial purpose
or stored less than 12 months prior to transfer; and 3) used oil
which has been removed from the engine of a light duty motor
vehicle or household appliance by the owner and transferred to a
service station. EPA to determine whether to list used oil as
hazardous if it does not meet the above criteria. EPA to establish
management standards as well as procurement regulations for used
oil. Exempts generators of used oil from recordkeeping or
reporting requirements if they 1) enter into an agreement for
delivery of such oil to a recycling facility whose owner or
operator certifies compliance with such standards; 2) do not mix
the oil with hazardous wastes; and 3) maintain records relating to
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Public Works
Energy and
Commerce
Environment and
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Energy and
Commerce
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3/7
S. 596
5/2
HR 2194
1/3
HR45
1/14
S. 90
the oil.
FEDERAL FACILITIES
Mitchell (D-ME). Federal Facilities Compliance Act of 1991.
Same as bill introduced during the 101st Congress. Each
department, agency and instrumentality of the U.S. shall perform
an assessment of the releases of hazardous substances and
constituents from each solid waste management unit owned of
operated by the above entities after November 19, 1980.
Assessment is to be completed within 12 months and shall indicate
whether they are in compliance with the applicable requirements
of SWDA, CERCLA, CAA, CWA, SDWA, and TSCA.
Administrator is required to make an annual inspection, including
an analysis of groundwater monitoring. Waives sovereign
immunity for federal agencies with respect to certain
requirements.
Eckart (D-OH). Same as S. 596 (Mitchell) above.
OTHER
Bennett (D-FL). Prohibits any department, agency, or
instrumentality of the federal government, or any government-
sponsored enterprise, from requiring as a condition of sale that
the prospective buyer also buy a property that is contaminated
with hazardous waste.
Domenici (R-NM). Environmental Infrastructure Act of 1991.
Amends the IRS Code by creating a new category of tax-exempt
16
Environment and
Public Works
Energy and
Commerce
Government
Operations
Finance
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1/28
1/29
2/7
H.ConRes
52
HR686
HR918
4/25
4/25
S. 939
S. 975
4/25
S. 984
bonds - infrastructure bonds. The bonds will be treated as
"governmental bonds" and be freed from the constraints imposed
on tax-exempt bonds by the 1986 Tax Reform Act. These bonds
would not be subject to the existing cap, not the alternative
minimum tax. These bonds, issued by state and local government,
could be used to finance a variety of environmental public works
including facilities for wastewater treatment, solid or hazardous
waste disposal and water supply. The bonds could also finance
projects required for compliance with environmental statutes and
regulations.
Mazzoli (D-K.Y). Expresses the sense of Congress that the
President should establish a White House conference on solid
waste disposal and reduction.
Dickinson (R-AL). Same as S. 90 (Domenici) above.
Rahall (D-WV). Coalfield Environment Enhancement Act.
Amends the Surface Mining Control and Reclamation Act of 1977
to provide for the re-mining of certain abandoned coal mine
lands. Provides that any state with an abandoned mine
reclamation program may establish a State Re-mining Insurance
Program and a state fund to provide the insurance.
Durenberger (R-MN). Amends the SWDA to establish a ground
water protection policy. Does not establish any specific
requirements on any class of solid waste disposal facilities.
Baucus (D-MT). S. 967 (Baucus) authorizes EPA to guarantee the
principal and interest on loans made to qualified small businesses
for the closure or replacement of underground storage tanks.
This bill amends the IRS Code regarding the loan guarantee
program and the principal and interest payments.
Boren (D-OK). International Pollution Deterrence Act of 1991.
Section 5 amends Section 8002 of the SWDA. Within 120 days of
enactment, requires EPA to prepare a yearly "Pollution Control
Index" for each of the top 50 trading countries, based on yearly
17
Energy and
Commerce
Ways and Means
Interior and Insular
Affairs
Environment and
Public Works
Finance
Finance
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exports to the U.S. The index will measure each country's
attainment of pollution control standards in the areas of air,
water, hazardous and solid waste in comparison to U.S. standards.
\)
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