RCRA REAUTHORIZATION - LEGISLATIVE SUMMARY Office of Solid Waste Communications, Analysis and Budget Division May 3, 1991 ------- 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 ------- 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 ------- 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 ------- 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 ------- 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. ------- 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 ------- 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 ------- 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 ------- 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 ------- 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 ------- I) 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 ------- 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 ------- 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 ------- 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 ------- 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 14 Environment and Public Works Governmental Affairs Energy and Commerce Environment and ------- 2/6 HR872 \> 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 15 Public Works Energy and Commerce Environment and Public Works Energy and Commerce ------- 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 ------- 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 ------- 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. \) 18 ------- 19 ------- |