United States · United States Congress · 6 June 1989
Representative Payee Abuse Prevention Act of 1989 - Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act to require that the Secretary of Health and Human Services conduct criminal background checks of representative payee applicants (excluding parents and spouses) and verify their identification. Prohibits the certification of a representative payee without substantial evidence that such certification is in the interest of the OASDI or SSI beneficiary, giving priority to the immediate needs of such beneficiary. Forbids large lump-sum payments of retroactive benefits to new representative payees, pending completion of the investigation into their background and identification. Requires the Secretary to maintain a centralized, current file, accessible to local offices of the Social Security Administration, identifying all representative payees, beneficiaries utilizing the services of representative payees, and persons who have previously misused Social Security Act benefits. Requires that such file highlight instances where two or more beneficiaries who utilize representative payee services reside at the same address. Directs the Secretary to provide an OASDI or SSI beneficiary with notice of a determination that he or she needs a representative payee, including an explanation of his or her right to appeal such determination and the designation of a particular person as representative payee. Prohibits a beneficiary's creditor from serving as his or her representative payee, unless such creditor: (1) is a relative residing with such beneficiary; (2) is the beneficiary's legal guardian or court appointed agent; (3) is a licensed or certified care facility; or (4) poses no risk to the beneficiary, serves no other beneficiary, and no other suitable representative payee is available. Directs the Secretary to make good faith efforts to locate a suitable representative payee for each beneficiary for whom a suitable representative payee can not be readily established, including the provision of an updated list to local Social Security Administration offices of all local public and nonprofit community-based social service agencies that serve as representative payees. Pays benefits directly to a beneficiary until a representative payee has been chosen and investigated, and beneficiary appeal rights have been exhausted, except in certain situations where the beneficiary's condition makes direct payments potentially harmful or such payments are large lump-sum payments of retroactive benefits. Directs the Secretary to terminate or suspend the services of a representative payee who acts contrary to a beneficiary's best interests and secure a new representative payee for such beneficiary. Covers a beneficiary's loss of benefits resulting from the Secretary's failure to investigate or monitor a representative payee who subsequently misuses such benefits. Requires the Secretary to take steps to recover misused benefits from representative payees and use recovered amounts to repay beneficiaries. Directs the Secretary to establish and implement a more frequent and detailed system of accountability monitoring for certain categories of high-risk representative payees which include all persons unrelated to the beneficiary as well as licensed or certified care facilities and their administrators, owners, and employees. Requires the Secretary to conduct a feasibility study and report to the Congress, within six months after this Act's enactment, on designating the Department of Veterans Affairs as the lead agency for purposes of selecting, appointing, and monitoring representative payees for individuals who receive OASDI or SSI benefits and benefits from the Department of Veterans Affairs. Sets forth reporting requirements.
United States · United States Congress · 1 June 1989
Waste Minimization and Control Act of 1989 - Title I: General Amendments - Amends the Solid Waste Disposal Act to establish a waste prevention and management policy that gives priority in the following order to: (1) source reduction; (2) recycling; (3) energy recovery; (4) waste treatment; and (5) contained disposal. Establishes as a national goal the recycling of waste to the maximum extent consistent with market demand for recycled materials and the creation and expansion of markets for recycled materials. Authorizes appropriations for FY 1989 through 1993 for purposes of carrying out this Act. Title II: Solid Waste Management - Requires that State solid waste management plans: (1) identify the amount of wastes by type that are expected to be generated within the State or accepted from another State during the ensuing 20-year period; (2) identify waste management capacity needs for the same period; (3) require the development of new solid waste management facilities to satisfy such capacity needs and a process for siting such facilities; (4) identify and provide for the collection of recyclable materials, including the development and stabilization of markets for such recyclables; and (5) establish solid waste management practices, based on the State's environmental and economic conditions, which are consistent with this Act's waste reduction and recycling goals. Provides for the loss of Federal financial assistance for failure to submit an approved State plan. Sets forth a schedule for the reduction of such assistance. Prohibits the storage, treatment, disposal, or transportation of solid waste one year after this Act's enactment except in accordance with a permit issued by a State or the Environmental Protection Agency (EPA). Sets forth requirements for interim status permits. Requires the EPA to issue or deny such permits unless a State certifies that its laws provide the regulatory authority and personnel necessary to implement a permit program. Prohibits the issuance of permits by an agency or person (other than a Governor) responsible for the design, construction, or operation of a unit. Requires that such permits be issued for a fixed term not to exceed ten years and contain conditions that will assure compliance with solid waste management guidelines to be developed by the EPA Administrator. Requires such guidelines to be developed for the management of: (1) municipal solid waste; (2) municipal waste combustion ash; (3) emissions from municipal waste incineration facilities; (4) medical wastes; (5) mining wastes; (6) specified industrial solid wastes; (7) oil, gas, and geothermal wastes; and (8) other solid wastes. Requires such guidelines to include requirements regarding: (1) the siting of solid waste sources; (2) construction quality assurance with respect to the installation of sources; (3) the licensing and training of persons who install or operate sources; (4) the design, operation, and maintenance of sources; (5) the monitoring of releases to air, soil, and surface and ground water; (6) the separation or treatment of sources prior to disposal or incineration; (7) corrective action in response to such releases; (8) closure and postclosure care; (9) the maintenance of records of a leak detection, sampling, or monitoring system; and (10) the maintenance of evidence of financial responsibility. Sets forth minimum guidelines for each category of solid waste. Amends the Clean Air Act to direct the Administrator to promulgate performance standards to control emissions of particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, halogenated organic compounds, dioxins, and dibenzofurans from new or modified municipal waste incineration units and from units which begin operation after July 1, 1989, with specified exceptions. Requires that such standards reflect the greatest degree of emission limitation achievable through application of the best available control technologies and practices, unless the Administrator determines that such degree will not be achievable by units for reasons that are unique to the units or locations of such units. Deems specified practices and control technologies to be available. Requires that such standards be promulgated within 18 months of this Act's enactment, take effect within six months of promulgation, and be reviewed and, if necessary, revised within five years of promulgation and every five years thereafter. Extends the effective date for such standards for units which require the installation of an acid gas scrubber to comply with such standards. Requires existing units to comply with such standards within four years of promulgation. Prohibits the issuance of permits to any unit unless a permit pursuant to the Solid Waste Disposal Act for the treatment, storage, or disposal of municipal waste combustion ash has been issued. Directs the Administrator to promulgate regulations and emission control standards requiring existing units and units which are substantially completed before January 1, 1989, to meet such standards within at least six years. Establishes specific, minimum emission limitations for carbon monoxide, particulate matter, sulfur dioxide, and hydrogen chloride emissions from such units. Requires owners or operators of municipal incinerators to: (1) monitor emissions at the point such emissions move into the ambient air and at other points as necessary to protect human health and the environment; (2) monitor other parameters relating to the operation of the unit and its pollution control technology; and (3) report the results of such monitoring. Sets monitoring standards, including ones for continuous and periodic monitoring. Authorizes the Administrator to require unit owners or operators to establish and operate or pay for a program to detect impacts of the unit on humans or the environment, including the testing for and reporting of significant levels of contaminants. Authorizes the Administrator or States to request the Administrator of the Agency for Toxic Substances and Disease Registry to conduct health assessments, studies, or surveillance when exposure to municipal waste incinerator unit emissions may pose a potential health risk. Sets a 20-year limit on unit permits. Provides for the termination of such a permit if: (1) the unit is not in compliance with permit terms and conditions; (2) compliance with additional conditions will impose minimal costs on the unit owner or operator and reduce air emissions below levels specified in the permit; or (3) capacity to treat or dispose of the ash from such unit for a five-year period has not been demonstrated. Requires permits to be reviewed at least once every five years. Authorizes concurrent State enforcement of unit emission standards, provided such enforcement is equivalent to Federal enforcement under this Act. Requires that civil penalties imposed against municipalities pursuant to this Act be applied in support of public programs and activities that enhance the protection of the health and environment of their residents. Directs the Administrator to publish guidelines identifying items or materials that should be removed from municipal waste prior to incineration. Requires unit operators to establish contractual requirements or notification and inspection procedures to assure that units do not receive such items or materials. Directs the Administrator to establish a model State program for the training and certification of municipal waste incinerator operators. Requires operators to pass such training and be certified by an authorized State program. Includes as major emitting facilities under the Clean Air Act municipal incinerators capable of charging more than 50 tons of refuse per day. (Currently, only incinerators charging more than 250 tons per day are included.) Amends the Solid Waste Disposal Act to authorize the Administrator to assess civil penalties and/or issue a compliance order, or commence a civil action against violators of permits or solid waste management guidelines, if a State fails to take action. Authorizes the imposition of civil and/or criminal penalties. Prohibits the export of solid waste for disposal, incineration, or recycling except where there is an agreement between the United States and the receiving country that establishes notice, export, and enforcement procedures and standards protective of human health and the environment for the transportation and management of such wastes. Prohibits the export to Canada of solid waste, 24 months after this Act's enactment, unless the United States and Canada have entered into such an agreement. Authorizes the Administrator to prohibit such exports when there is reason to believe that the handling of such waste may threaten human health or the environment. Requires exporters of solid waste to register with and submit specified export information to the Administrator who shall report annually to the Congress on such information. Authorizes appropriations for grants to States and rural communities for the development and implementation of solid waste reduction and recycling plans. Authorizes and directs the Administrator to make grants to all States with a population density of ten persons or less per square mile to conduct feasibility studies or operate recycling demonstration programs. Authorizes appropriations. Title III: Waste Reduction and Recycling Act of 1989 - Directs the Administrator to establish: (1) a national performance efficiency standard concerning the release of hazardous substances; (2) a national goal for each State of 25 percent municipal solid waste recycling within four years, 50 percent within ten years, and a ten percent municipal solid waste reduction within four years; (3) responsibility within the EPA for the provision of waste reduction and recycling outreach and technical assistance to States and the industrial and educational communities; (4) the requirement that the responsible office for waste reduction and recycling activities review and sign-off on EPA actions; and (5) a national packaging institute to develop voluntary packaging standards that encourage waste reduction and recycling and programs of consumer education regarding packaging. Directs the Administrator to establish within the Office of the Administrator a multimedia Office of Waste Minimization with a separate section solely responsible for waste reduction activities. Authorizes the Administrator to make grants to States to assist States in developing and implementing programs to promote the use of waste reduction and recycling techniques by businesses, local governments, or regional waste management authorities. Limits the Federal share of program funding to 50 percent. Directs the Administrator to establish a waste reduction clearinghouse to compile information generated by grant recipient States on management, technical, and operational approaches to waste reduction and recycling. Prohibits persons who are required to file a toxic chemical release form under the Superfund Amendments and Reauthorization Act of 1986 from releasing into the environment more than five percent of production throughput of hazardous substances. Authorizes the Administrator or a State to waive such standard on a plant by plant basis if meeting it is not technically feasible, the plant has installed and is operating continuous monitoring, has adopted all available waste minimization procedures, and all releases are in the form of managed waste or in compliance with applicable clean water or clean air permits. Requires plant owners or operators to submit to the State or Administrator plans to quantify and report on the manner in which each hazardous substance is consumed, used, or released. Directs the Administrator to report to the Congress on waste efficiency rates by manufacturing category or process, the efficiency levels that each industry can reasonably be expected to achieve within five years, and the extent to which technical assistance may be needed. Deems manufacturers to be in compliance with such standard if they have continuous emission and environmental monitoring equipment installed within 48 months of this Act's enactment, continue to comply with appropriate environmental permits, and report monitoring data to local, State, and Federal regulatory agencies. Requires that persons who are required to file the toxic chemical release form and are unable to account for a hazardous substance as product or permitted discharge or emissions or as managed waste to install, operate, and maintain continuous monitoring technology within one year of such failure. Requires such persons who release toxic chemicals in violation of any clean air, NPDES, or waste management permit to be required to install, operate, and maintain continuous monitoring technology as part of any enforcement action. Directs the Administrator to report to the Congress: (1) by September 30, 1990, and biennially thereafter on actions taken to implement waste reduction and recycling goals; (2) within two years of this Act's enactment, on the EPA's program to insure the consideration of multi-media impacts in EPA policies, regulations, and guidance, with recommendations for a permanent location of an office of waste minimization and recycling; and (3) within 36 months after this Act's enactment, on an evaluation of the capacity of industry to reduce waste volume and toxicity. Authorizes the Administrator to charter a National Packaging Institute which shall promote packaging standards and practices which minimize the quantity of packaging materials that are consumed, reduce litter, and do not adversely affect human health and the environment. Permits the Institute to design and license the use of a seal or symbol which may be employed by the licensed users on packages which satisfy Institute standards. Authorizes the Administrator to conduct a program of public information and education on the impact of packaging on natural resource consumption and the Nation's solid waste management system, and the benefits of implementing the Institute's standards. Authorizes appropriations through FY 1993 for grants to the Institute. Authorizes any person to petition a Federal agency to undertake a waste reduction action if such action would bring about at least a ten percent increase in recycling of the petitioned item, reduce by at least ten percent the total volume or toxic constituents of a waste described in the petition, or would bring about a net savings in true cost to the Federal Government or be neutral in effect or cost. Requires each Federal agency to designate a waste reduction officer to oversee compliance with Federal agency waste reduction requirements, prepare agency waste reduction plans, and report annually to the EPA on the implementation of such plans. Requires Federal contractors to use recycled material in performance of any contract for $1,000,000 or more, unless the contractor certifies that recycled material is not available or not available at a cost of not more than ten percent more than non-recycled materials. Directs the Administrator to publish and submit to the Congress a list of at least ten products which identifies hazardous substances most frequently found in such products which present a risk to human health and the environment when incinerated or disposed. Provides for regulation of the disposal or incineration of such products. Prohibits the land disposal and incineration of lead-acid and mercury batteries. Directs the Administrator to promulgate performance standards and other requirements necessary to protect the public health and the environment from hazards associated with recycled lead-acid and mercury batteries. Exempts transporters of lead-acid and mercury batteries from certain liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act if such batteries are not mixed with other hazardous substances and are managed in compliance with standards promulgated under the Solid Waste Disposal Act. Requires the Federal procurement of recycled materials if the recycled materials are available at no more than ten percent of the price of alternative items. Requires the EPA to reissue its paper procurement guidelines to ensure that they are consistent with such requirement and to promulgate final procurement guidelines requiring the use of recycled lead in lead-acid batteries, used tire fragments in road cover, compost from yard waste and sewage sludge, recycled plastic from discarded bottles, recycled steel from discarded cans, recycled glass from discarded containers, and recycled aluminum from discarded cans.
United States · United States Congress · 1 June 1989
Municipal Solid Waste Source Reduction and Recycling Act of 1989 - Amends the Solid Waste Disposal Act to establish as national goals: (1) a ten percent reduction in municipal solid waste by 1993 as a result of source reduction; (2) a 25 percent reduction in such waste by 1993 as a result of recycling; and (3) a 50 percent reduction in such waste by 1999 as a result of recycling. Directs the Administrator of the Environmental Protection Agency to: (1) promote source reduction and recycling methods and opportunities by providing technical assistance to States, local governments, and the business, industry, and educational communities; (2) promote public understanding of and participation in source reduction and recycling programs; and (3) propose strategies to reduce toxic constituents in consumer products. Requires the Administrator to establish an Office of Waste Reduction to carry out responsibilities under this Act. Directs the Administrator to promulgate regulations to carry out this Act to include requirements for: (1) a standardized methodology for calculating costs of solid waste management; (2) decisionmaking models to assist State and local governments in the selection and integration of waste management services; (3) criteria for use of a standardized, national recycling seal or symbol; (4) a standardized label identifying the plastic resin used in products; and (5) specified national packaging standards. Requires the Administrator to: (1) implement an education and information program to foster an understanding of the benefits of source reduction and recycling; and (2) establish a source reduction clearinghouse to collect, evaluate, and disseminate information on the effectiveness of source reduction and recycling techniques. Prohibits the use of: (1) cadmium as a pigment and the importation of products containing cadmium as a pigment; and (2) cadmium for all other nonessential purposes and the importation of products containing cadmium for such purposes. Deems the use of cadmium to be nonessential where alternative substances which present less of a threat to human health and the environment are available. Directs the Administrator to promulgate regulations concerning the production, distribution, or disposal of any product (including products containing lead, mercury, cadmium, and other heavy metals) which, on the basis of its constituents, disposal, or incineration, presents a threat to human health or the environment. Prohibits: (1) the placement of lead-acid batteries in landfills and the incineration of such batteries; (2) the placement of used lead-acid batteries in mixed municipal solid waste or the disposal of such batteries except by delivery to automotive battery retailers or wholesalers, permitted secondary lead smelters, or State-approved collection or recycling facilities; and (3) the disposal of such batteries by battery retailers or wholesalers except by delivery to permitted secondary lead smelters, State-approved collection or recycling facilities, battery manufacturers or, in the case of a retailer, agents of battery wholesalers. Provides that each improperly-disposed battery shall constitute a separate violation of this Act. Requires persons selling lead-acid batteries to accept from customers used batteries of the type and quantity equal to the number of new batteries purchased, if offered. Directs retailers of such batteries to post notices in public areas of retail establishments that: (1) state that it is illegal to throw away motor vehicle or lead-acid batteries and that Federal law requires an exchange of used batteries for new batteries purchased; and (2) encourage recycling of used batteries. Prohibits the sale of any lead-acid battery after 1989 unless such battery bears a label containing such language. Requires the Administrator to establish a Products and Packaging Advisory Board. Directs the Board to report to the Administrator on a program to: (1) minimize the quantity of packaging and other material in the waste stream; (2) minimize the consumption of scarce natural resources in production and use of packaging; (3) eliminate the use of toxic constituents in packaging; (4) maximize packaging recycling and reduce litter; (5) assure that human health and the environment will not be affected adversely by the use and disposal of packaging; and (6) include use of recycling seals for consumer information, mandatory labeling for plastic containers, and national packaging standards. Requires the Administrator to prepare guidelines for Federal agency procurement of glass, metals, plastic, compost, and rubber from ground tires. Directs the Administrator of the General Services Administration to report annually to the Congress on items procured by Federal agencies and include an analysis of the procurement of products containing recycled materials and obstacles to obtaining such materials. Requires Federal agencies to develop waste reduction plans to facilitate: (1) dual-sided copying; (2) paper waste reduction; (3) the purchase of products that contain recycled materials or can be recycled; (4) the purchase of nonhazardous products; and (5) the replacement of plastic food utensils with washable or recyclable tableware. Authorizes any person to petition a Federal agency to undertake a waste reduction action if such action would bring about at least a ten percent increase in recycling of the petitioned item, reduce by at least ten percent the total volume or toxic constituents of a waste described in the petition, or would bring about a net savings in true cost to the Federal Government or be neutral in effect or cost. Directs Federal contractors to use recycled material in performance of any contract for $1,000,000 or more, unless the contractor certifies that recycled material is not available or not available at a cost of not more than ten percent more than non-recycled materials. Requires State solid waste management plans to: (1) identify the amounts and types of municipal solid wastes and industrial wastes that are expected to be generated within the State or accepted from another State during the ensuing 20-year period; (2) include projections of State capacity to manage such wastes; (3) include estimates of the volumes of such wastes that will not require management in landfills or incinerators; (4) establish a hierarchy for solid waste management practices; (5) include provisions for the removal from the waste stream and safe management of any product designated to be a threat to human health or the environment; (6) inform taxpayers of the nature of waste management services and the amount of taxes attributable to such services; (7) identify and promote markets for recyclable materials; (8) list all municipal solid waste landfills at which the recovery of methane gas is economically and technically feasible; (9) describe current and proposed programs to promote source reduction and recycling; and (10) facilitate the siting of environmentally sound facilities for the transportation, separation, and processing of recyclable materials. Prohibits the Federal financing or the issuance of any permit under this Act, the Clean Water Act, or the Clean Air Act for any new or modified municipal waste incineration unit: (1) if the EPA Administrator determines that the State does not have an approved plan in accordance with this Act or has not taken reasonable steps to achieve the goals of this Act; and (2) unless, in the case of new units, the State or other entity designing, constructing, or operating the unit certifies that no more than 50 percent of the waste generated annually by such unit will be incinerated annually. Sets forth additional required State plan provisions (unless the State demonstrates that such provisions are not practicable) to include: (1) a policy requiring the State and political subdivisions of the State to procure products made with recycled materials whenever such products do not exceed by more than ten percent the cost of similar products using nonrecyclable materials; (2) a program to encourage composting of yard waste; (3) a system for curbside pickup of source-separated materials or separation at recycling facilities, or both; and (4) a policy requiring recyclable materials in solid waste to be separated prior to deposition in municipal landfills, waste-to-energy facilities, or waste treatment facilities and a surcharge on tipping fees for any such waste from commercial establishments or office buildings that is delivered to such facilities without being separated. Requires the Administrator to report to the Congress: (1) biennially on actions taken to implement this Act; and (2) five years after this Act's enactment on procurement requirements under the Solid Waste Disposal Act. Authorizes the Administrator to issue grants to States for encouraging source reduction and recycling. Provides that such grants shall be funded by the Source Reduction and Recycling Trust Fund. Makes ineligible to receive such grants States which do not have approved plans (or have not taken steps to implement plans) within five years of this Act's enactment. Allocates Fund moneys as follows: (1) 35 percent for annual recycling grants to States; (2) five percent for source reduction grants to States, counties, localities, and businesses to promote innovations in source reduction; (3) 30 percent for source reduction grants to States to assist in low-interest loans or guarantees to businesses and industries for implementing source reduction measures or manufacturing recyclable products; (4) ten percent for research grants to universities, businesses, and other institutions for research on source reduction, recycling, or disposal of recyclable materials; (5) five percent for rural assistance grants to States to assist rural areas in complying with State plans; and (6) 15 percent to be appropriated to the Administrator for carrying out this Act. Limits specified grants to 50 percent of the total cost of a project. Prohibits assistance from being used for the acquisition of land or interest in land. Requires the Secretary of Commerce to report biennially to the Congress on progress in implementing this Act, including recommendations on the need to continue or revise loan programs under this Act. Directs the Secretary to give priority to assisting exporters of recyclable materials and products containing such materials in identifying foreign markets and securing favorable financial terms for such exports. Requires the Secretary to report to the Congress on national and international markets for recyclable materials and include a methodology for market analysis to be made available to States. Authorizes the Administrator to assess civil penalties, issue compliance orders, or commence civil actions for violations of this Act. Prescribes criminal penalties for certain knowing violations. Provides for judicial review of final actions and citizen lawsuits.
United States · United States Congress · 18 May 1989
National Environmental Education Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish an Office of Environmental Education within the Office of External Affairs to carry out this Act. Establishes an Environmental Education and Training Program to train educational professionals in the development and delivery of environmental education and training programs and studies. Directs the Administrator to make an annual grant to an institution of higher education or nonprofit research institution to establish and operate such program. Sets forth application and eligibility requirements and criteria to be considered in awarding such grants. Authorizes the Administrator to enter into cooperative agreements or provide grants to support projects to design, demonstrate, and disseminate practices related to environmental education and training. Outlines activities eligible for grant support and priorities in awarding such grants. Requires the Administrator to publish an annual solicitation for environmental education grants. Authorizes local education agencies, colleges or universities, State education or environmental agencies, or nonprofit agencies to apply for such grants. Limits Federal funds for demonstration projects to 75 percent of the total cost, except in specified instances. Limits such grants to $100,000 and requires 25 percent of all funds obligated to be for grants of no more than $5,000. Requires the Administrator to provide for internships by postsecondary students with Federal agencies involved in environmental issues. Directs the Administrator, to the extent practicable, to support at least 150 internships annually. Makes eligible for participation in such program students enrolled at accredited colleges or universities who have successfully completed at least four courses or the equivalent in environmental sciences. Requires the Administrator to provide for a series of national awards recognizing outstanding contributions to environmental education to include: (1) the Theodore Roosevelt Award for environmental teaching or administration; (2) the Henry David Thoreau Award for literature on the environment and pollution problems; and (3) the Rachel Carson Award for film or print media for public education and information on environmental issues or problems. Provides that recipients of such awards shall be nominated by the Environmental Education Advisory Council. Requires the regional administrator of each EPA office to present an "Outstanding Environmental Educator Award" annually to a teacher or faculty member from a local education agency, college or university, or nonprofit organization in recognition of an outstanding contribution to environmental education. Establishes a National Environmental Education Advisory Council. Requires the Council to report biennially to the Congress on: (1) the extent and quality of environmental education in the Nation's schools; (2) activities conducted pursuant to this Act; (3) obstacles to improving environmental education; and (4) training and skills needed to respond to environmental problems. Establishes the Environmental Education Trust Fund to carry out this Act. Allocates funding for this Act's activities and authorizes 50 percent of penalties received under specified environmental Acts to be appropriated to the Fund.
United States · United States Congress · 18 May 1989
National Environmental Policy on International Financing Act of 1989 - Amends the National Environmental Policy Act of 1969 to require that before casting the U.S. vote on a proposed action by an international financial institution significantly affecting the quality of the environment, the appropriate Federal official request such institution to furnish an environmental impact statement. Requires such official to identify: (1) any minimum criteria not met; and (2) any pertinent information absent from the statement but available elsewhere. Requires such official to: (1) inform the management of such institutions of the expected nature of such statements; and (2) begin negotiations with their personnel to facilitate the conduct of environmental impact assessments. Directs the Secretary of the Treasury to: (1) make Federal personnel available upon request to assist an institution in making such assessments; (2) take steps with both donor and borrower nations to expand international consensus on environmental needs; and (3) file a detailed status report with specified congressional committees on the institution's implementation of procedures for systematically assessing the environmental impact of its activities. Directs the Council on Environmental Quality to report to certain congressional committees on the efficacy of U.S. efforts to encourage timely environmental impact assessment within international financial institutions.
United States · United States Congress · 18 May 1989
Amends the Harmonized Tariff Schedule of the United States to provide duty-free treatment of operatic sets, scenery, and properties imported by certain nonprofit organizations belonging to Opera America, Inc.
United States · United States Congress · 18 May 1989
Amends part A (General Provisions) of title XI of the Social Security Act to require the Secretary of Health and Human services to provide, upon request, beginning on October 1, 1990, a social security account statement to individuals who have a social security number, have wages or self-employment earnings, and have attained age 25 (hereinafter referred to as "eligible individuals"). Directs the Secretary to assure that eligible individuals are informed of the availability of the statement. Makes the provision of such statement to each eligible individual who attains age 60 and is not receiving benefits under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Act mandatory from FY 1994 through 1999, if his or her mailing address can be determined. Requires the provision of such statement biennially by FY 2000 to each eligible individual who is not receiving OASDI benefits and for whom a mailing address can be determined. Directs the Secretary to report to the Congress, by October 1, 1996, on the implementation of this Act's requirements. Amends the Internal Revenue Code to authorize the Internal Revenue Service to disclose the mailing address of an eligible individual to the Social Security Administration.
United States · United States Congress · 18 May 1989
Designates June 21, 1989, as Chaney, Goodman, and Schwerner Day. Expresses the sense of the Congress that the Voting Rights Act of 1965 has helped to fulfill the promise of democracy in this Nation. Reaffirms the goal of removing remaining barriers to full voter participation in this Nation.
United States · United States Congress · 17 May 1989
Amends the United States Housing Act of 1937 with regard to the section 8 moderate rehabilitation program to: (1) provide that established competitive awards regulations shall be followed without regard to regional allocations; (2) direct the Secretary of Housing and Urban Development to ensure that the low-income tax credit shall be used in order to maximize the production of low-income housing; and (3) require a report to the appropriate congressional committees regarding annual updates of the field staff handbook and efforts to recover excess payments.
United States · United States Congress · 16 May 1989
National Highway Fatality and Injury Reduction Act of 1989 - Directs the Secretary of Transportation to withhold a certain percentage of Federal-aid highway funds from apportionment to any State where it is lawful to: (1) operate or ride a motorcycle without wearing a motorcycle helmet; or (2) occupy a front seating position in a passenger car without using a safety belt or child safety restraint while the vehicle is in forward motion. Provides that such funds shall remain available to such State according to certain guidelines. Directs the Secretary to make grants to States which adopt and implement effective programs to increase traffic safety by ensuring that persons riding on motorcycles wear helmets and receive adequate rider training and that persons riding in other motor vehicles not only use safety belts and child safety restraints but use them correctly. Specifies that such grants may only be used by recipient States to implement and enforce such programs. Declares that such grants may not be made unless the State enters into agreements with the Secretary to ensure that its aggregate expenditures for motorcycle and child passenger safety programs and safety belt programs will be maintained at or above the average level of such expenditures for the two fiscal years preceding this Act's enactment. Provides that States may receive such grants for not more than three fiscal years. Sets forth eligibility criteria. Authorizes appropriations for FY 1991 through 1993 out of the Highway Trust Fund.
United States · United States Congress · 12 May 1989
Radiation Victims Fair Treatment Act - Amends the Department of Defense Authorization Act, 1985 to repeal provisions which: (1) substitute the United States as defendant in all suits against private contractors for radiation injuries arising from atomic weapons testing programs; and (2) make the Federal Tort Claims Act the sole remedy for those injuries. Details the applicability of statutes of limitations.
United States · United States Congress · 11 May 1989
Establishes the President's Award for Addiction Research. Provides that the award shall be made annually to an individual who has demonstrated excellence in research into the biochemical, genetic, or psychological basis of addiction or who has made an outstanding contribution to techniques of treating addictive maladies. Authorizes appropriations.
United States · United States Congress · 11 May 1989
National American Indian Museum Act - Establishes within the Smithsonian Institution a memorial to Native Americans to be known as the National Museum of the American Indian to provide for the study, research, collection, and exhibition of Native Americans and their culture. Designates specified areas in the District of Columbia and New York City as the sites of facilities for the Museum. Requires establishment of a facility for the conservation and storage of Museum collections at the Museum Support Center in Suitland, Maryland. Authorizes the Smithsonian to: (1) provide for the transfer of certain assets of the Heye Foundation for the benefit and use of the Museum; (2) construct such facilities; (3) provide for acquisition of Native American objects and artifacts from museums or private collections; and (4) maintain or loan objects and artifacts in the Museum collection. Establishes the Board of Trustees of the Museum. Directs the Board to: (1) recommend annual budgets for the Museum; and (2) assist the Board of Regents on matters relating to the Museum. Grants the Trustees sole authority to: (1) dispose of and acquire additional Museum property; and (2) establish policy with respect to the utilization of the Museum collections. Grants the Trustees authority to: (1) establish policy with respect to restoration, preservation, and maintenance of Museum collections; (2) solicit funds for the Museum; (3) approve expenditures from the Museum's endowment; (4) advise the Museum's Director; (5) provide for the exhibition of Native American objects and artifacts; and (6) conduct research and evaluation and educational programs with respect to the Museum collections. Requires the Trustees to submit annual reports to the Board of Regents and the Congress. Requires the Foundation's employees serving at the time of the transfer to be offered employment by the Smithsonian. Authorizes the Board of Regents to: (1) designate affiliate museums of the Museum in certain U.S. regions and in Alaska and Hawaii; and (2) establish an advisory council within each such region or State to oversee Museum curation and acquisitions and to provide necessary technical assistance for such affiliate museums. Directs the Board of Regents to: (1) identify the geographic and tribal origins of the skeletal remains of Indians and Alaska Natives in the Smithsonian; (2) conduct a study and make recommendations as to the final disposition of such remains; (3) consult with Native American traditional religious leaders in making such recommendations; and (4) report to the Congress within three years after this Act's enactment on the identity of such skeletal remains and the findings and recommendation of such study. Pledges that the United States will provide the funds needed to maintain and operate the Museum. Authorizes appropriations.
United States · United States Congress · 11 May 1989
Low-Income Housing Credit Act of 1989 - Amends the Internal Revenue Code to make permanent the low-income housing income tax credit (under current law the credit will expire after tax year 1989). Permits States a one-year carryover of unused credit authority. Assigns carryovers to the Secretary of Housing and Urban Development to allocate to eligible States applying for excess credit. Allows the credit only if an extended low-income housing commitment (beyond the current 15-year period) is in effect with respect to any building for the relevant taxable year. Describes procedures to effect transition to a non-low-income use in connection with such extensions. Permits the credit in connection with the acquisition of an existing building only if the taxpayer incurs rehabilitation expenditures of at least $3,000 per unit. Revises rent restrictions to: (1) declare unnecessary a required rent reduction below the initial rent if the median gross income of the area decreases; (2) permit higher rent if units are occupied by higher income individuals and the project has an operating deficit; (3) base income limitations on the number of bedrooms in a unit; and (4) use State median gross income in certain low-income housing status determinations. Broadens categories of existing buildings eligible for a waiver of the ten-year requirement for the low-income housing credit. Revises credit provisions relating to single-room occupancy units and special needs housing. Revises restrictions that limit credit benefits in connection with buildings financed with tax-exempt bonds and below market loans. Permits the credit to be allocated: (1) on a project basis; and (2) in connection with owner-occupied buildings of four units or less if a development plan is submitted. Directs housing credit agencies to adopt plans for allocating credit amounts among projects, prohibiting the credit with respect to any building not included in such a plan. Modifies at-risk rules in connection with buildings subject to the historic rehabilitation credit and those associated with financing provided by certain nonprofit organizations. Sets the tax credit rate on a semiannual basis rather than monthly. Increases the credit in connection with buildings in high cost areas (low-income census tracts or difficult development areas). Establishes special rules for determining the eligible basis and applying at-risk rules in connection with qualified buildings acquired in foreclosures.
United States · United States Congress · 10 May 1989
Designates the Labor Day Weekend beginning on September 2, 1989, as National Drive for Life Weekend. Calls on people to observe that weekend with a pledge to be responsible by driving sober.
United States · United States Congress · 9 May 1989
Americans with Disabilities Act of 1989 - Title I: General Prohibition Against Discrimination - Declares that it shall be discriminatory, on the basis of disability, to deny opportunities or to afford them unequally, to provide opportunities less effectively (or differently or separately, unless necessary for effectiveness), to assist an organization or individual that discriminates, or to otherwise limit opportunities enjoyed by others. Prohibits the use of standards, criteria, or administrative methods that have the purpose or effect of discrimination or perpetuate discrimination. Declares it discriminatory to deny equal opportunities because of the relationship or association of an individual with another individual with a disability. Allows as a defense to a charge of discrimination that an application of standards or criteria has been demonstrated to be both necessary and substantially related to the ability of an individual to take advantage of the essential components of the opportunity, and that the taking advantage cannot be accomplished by reasonable accommodations, modifications, or the provision of auxiliary aids or services. Title II: Employment - Prohibits discrimination by any employer, employment agency, labor organization, or joint labor-management committee against any qualified individual with a disability in job application procedures, hiring or discharge, compensation, advancement, training, and other terms, conditions, and privileges of employment. Lists types of actions construed to be discrimination. Makes the remedies set forth in specified provisions of the Civil Rights Act of 1964 and other specified Federal law available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title III: Public Services - Declares that no qualified individual with a disability shall be excluded from the participation in, denied the benefits of, or subjected to discrimination by a State, or by an agency, political subdivision, or other instrumentality of a State. Lists types of actions deemed, for purposes of this Act and specified provisions of the Rehabilitation Act of 1973, to be discrimination with regard to public transportation. Makes the remedies and rights set forth in specified provisions of the Rehabilitation Act of 1973 available to any individual who believes that he or she is being or is about to be subjected to discrimination in violation of this Act. Title IV: Public Accommodations and Services Operated by Private Entities - Prohibits discrimination on the basis of disability in the enjoyment of any place of public accommodation. Lists types of actions construed to be discrimination. Prohibits discrimination on the basis of disability in public transportation services provided by a private entity that is primarily engaged in transporting people, but that is not in the principal business of air transportation. Lists types of actions construed to be discrimination. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Title V: Telecommunications Relay Services - Defines "telecommunications relay services" to mean services that enable simultaneous communication between individuals who use telecommunications devices for the deaf (TDDs) or other nonvoice terminal devices and individuals who do not use such devices. Declares it discriminatory for any common carrier that offers telephone services to the public to fail to provide interstate or intrastate telecommunication relay services that are equal to those provided to their customers who are able to use voice services, except in any State in which services are provided through an entity designated by the State. Declares it discrimination by a State that makes such a designation if the State fails to provide interstate or intrastate relay services that are equal to those provided to their voice customers. Makes specified provisions of the Fair Housing Act relating to enforcement available, subject to exception, to any aggrieved individual. Requires the Federal Communications Commission to enforce this title. Makes specified provisions of the Communication Act of 1934 apply with respect to the enforcement of this title. Provides for cease and desist orders by the Commission and for monetary penalties. Title VI: Miscellaneous Provisions - Prohibits retaliatory discrimination against any individual because of actions related to this Act. Declares that a State shall not be immune under the 11th Amendment to the Constitution from an action in Federal court for a violation of this Act. Requires the Architectural and Transportation Barriers Compliance Board to issue minimum guidelines to supplement the existing Minimum Guidelines and Requirements for Accessible Design. Allows the awarding of reasonable attorney's fees, in certain circumstances, in any action or proceeding under this Act.
United States · United States Congress · 9 May 1989
Declares that: (1) it is the sense of the Senate that child survival and development programs are to be commended; (2) the Senate reaffirms the goal of improvement of the survival rates, health, and development of people in all countries and urges the President to adopt this as a major priority; (3) the Senate urges the President to propose to the Secretary General of the United Nations that the Secretary General establish an independent advisory commission with regard to programs in primary health care, nutrition, basic education, and environment by members of the Grand Alliance for Children; (4) the Senate endorses the call for a representative World Summit on Children to provide a forum for governmental leaders to commit to specified goals; (5) the Senate endorses the goals of Universal Childhood Immunization by 1990 and Health for All by the year 2000; and (6) the Senate encourages the President to take a leading role in ensuring the convening of a World Summit on Children.
United States · United States Congress · 4 May 1989
Genesee River Protection Act of 1989 - Applies the protections afforded for rivers listed for study for potential addition to the National Wild and Scenic Rivers System to a specified segment of the Genesee River in New York. Declares that such protections shall not interfere with the Secretary of the Army's management of Mt. Morris Dam.
United States · United States Congress · 4 May 1989
International Narcotics and Terrorism Control Act of 1989 - Authorizes the President to impose additional specified transportation, immigration, and customs sanctions on certain countries if he determines that to do so would contribute to the reduction in the importation into the United States of narcotics from such countries. Amends the Foreign Assistance Act of 1961 to require that the President's annual report to the Congress on U.S. policy with respect to an international strategy to prevent the cultivation and manufacture of, and traffic in, controlled substances include: (1) comments and recommendations regarding the war on drugs by the Departments of State, Justice, Defense, the Treasury, and Health and Human Services, the Agency for International Development, the Drug Enforcement Administration, the U.S. Customs Service, and other enforcement agencies; and (2) the results of a review of the connections between international narcotics trafficking, money laundering, and international terrorism. Directs the Director of National Drug Control Policy to include in the National Drug Control Strategy to be submitted to the Congress on February 1, 1990: (1) a study of current Federal personnel practices affecting all persons engaged in the war on drugs; and (2) a determination as to whether adequate resources are being devoted to the hiring, training, promotion, and retention of Federal employees responsible for fighting drugs. Requires the Secretary of State to report to the Senate Foreign Relations Committee and the House Foreign Affairs Committee not later than ten days after denying a request from a law enforcement agency for assistance by the Department of State, setting forth the reasons for such denial. Makes it unlawful for any person who was employed by the executive branch or by the Congress and who performed duties with respect to narcotics-related issues, to represent a foreign government on narcotics matters for three years after leaving such employment. Provides penalties for a violation. Requires the Secretary of State and any other officer or employee of the Department of State to submit the name of any individual or entity to the Federal Bureau of Investigation, the U.S. Customs Service, and the Drug Enforcement Administration for their determination that such individual or entity is not under indictment or has not been convicted of any narcotics or narcotics-related offense before they may enter into a contract on behalf of the Department with such individual or entity. States that no funds made available for the Department may be available for payment on any contract entered into with an individual or entity listed by such agency. Provides that no funds made available to any element of the U.S. Government authorized to conduct intelligence activities may be available for payment to any individual who has been convicted of narcotics trafficking or money laundering, with an exception. States that it is not a defense to prosecution for certain offenses in the Federal criminal code related to foreign relations that an individual was acting pursuant to the authority or direction of any department, agency, or officer of the U.S. Government, unless: (1) such action was taken pursuant to the specific authority or direction of the Secretary of State; and (2) the Foreign Affairs Committee and the Permanent Select Committee on Intelligence of the House and the Foreign Relations Committee and the Select Committee on Intelligence of the Senate were notified by the Secretary within 48 hours after the conferral of such authority or the giving of such direction.
United States · United States Congress · 3 May 1989
Social Security Trust Funds Saving Act of 1989 - Instructs the Director of the Congressional Budget Office (CBO) to submit to the Congress annually for FY 1994 through 1996 an estimate of the Federal deficit, excluding Social Security trust fund amounts. Establishes maximum deficit amounts for these same fiscal years. Decreases employer and employee taxes under the Federal Insurance Contributions Act and self-employment taxes from 6.2 percent to 5.1 percent for a specified period of time if the CBO estimate exceeds these maximums. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to effect a corresponding decrease in employment tax allocations to the Federal Disability Insurance Trust Fund. Prescribes a timetable for the progressive increase of these tax rates following any necessary decrease in accordance with this Act.
United States · United States Congress · 3 May 1989
Authorizes and requests the President to designate the weeks of November 19 through November 25, 1989, and November 18 through November 24, 1990, as National Family Week.
United States · United States Congress · 2 May 1989
Excludes Agent Orange settlement payments from income or resources in determining eligibility for benefits under certain Federal or federally-assisted programs.
United States · United States Congress · 2 May 1989
Radon Mitigation Clarification Act of 1989 - Treats amounts paid for home improvements necessary to mitigate measured harmful levels of radon gas exposure as medical care expenses for purposes of the medical care expense income tax deduction.
United States · United States Congress · 1 May 1989
National Voter Registration Act of 1989 - Requires each State to establish procedures with respect to presidential and congressional elections to permit voter registration by: (1) application in person simultaneously with application for a motor vehicle driver's license; (2) mail application; or (3) application in person at designated Federal, State, and private sector locations. Declares that this Act does not apply to any State that has no voter registration requirement with respect to presidential and congressional elections. Requires each State to: (1) assure that any eligible applicant who submits his or her application 25 days before the election is registered to vote in the election; (2) require the appropriate State election official to notify each applicant of the disposition of the application; and (3) provide that the name of a voter may not be removed from the official list of eligible voters except by reason of death, criminal conviction, mental incapacity, change in residence, failure to vote in two consecutive elections, or voter request. Requires each State to designate a chief State election official to coordinate State functions under this Act. Provides a private right of action for an individual aggrieved by a violation of this Act.
United States · United States Congress · 19 April 1989
FDA Revitalization Act - Title I: Power of FDA Over Real Property, Buildings, and Facilities - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to grant the Secretary of Health and Human Services specified powers in connection with real property, buildings, and facilities (such as acquiring and disposing of property, leasing buildings, and accepting gifts) to facilitate the transaction of the business of the Food and Drug Administration (FDA). Title II: Senior Scientific Health Service - Amends the Public Health Service Act to authorize the establishment of a Senior Scientific Health Service, outside the competitive civil service, whose members may be appointed based solely on distinction and achievement in the fields of biomedical research or clinical research evaluation. Amends Federal law relating to physicians' comparability allowances to include any physician or dentist who is paid under provisions of this title. Title III: Recovery and Retention of Fees for FOIA Requests - Amends the FDCA to authorize the Secretary, through the Commissioner of Food and Drugs, to charge fees to recover direct and indirect costs incurred in processing Freedom of Information Act requests for records obtained or created under the Act. Title IV: Small Business Training and Technical Assistance - Amends the FDCA to authorize the Secretary, through the Commissioner, to establish an office to provide technical and other nonfinancial assistance to small manufacturers of medical devices, drugs, cosmetics, and foods to assist the manufacturers in complying with the Act. Authorizes appropriations for FY 1990 through 1992. Title V: Biotechnology Demonstration Project - Directs the Secretary to establish a demonstration project allowing the use of the facilities of any public or private cooperative with the permission of and in conjunction with the cooperative to promote the development of biotechnology. Authorizes appropriations for FY 1990 through 1992. Title VI: Training and Loan Repayment Programs - Authorizes grants to public or nonprofit academic institutions, including schools of medicine, dentistry, pharmacy, and food science, to enable such institutions to develop core curriculum programs to train individuals in the field of regulatory review. Requires obligated service of grantees as FDA employees. Authorizes appropriations for FY 1990 through 1992 for such grants. Directs the Secretary to establish a loan repayment program under which the Secretary must repay loans incurred by individuals to obtain training in regulatory review in exchange for the individuals serving a period of time as employees of the FDA. Directs the Secretary to: (1) issue regulations to carry out these provisions; and (2) carry out the program, to the extent practicable, in a manner that is consistent with the National Health Service Corps Loan Repayment Program. Authorizes appropriations for FY 1990 through 1992. Title VII: Scientific Review Groups - Authorizes the Commissioner of Food and Drugs to establish such technical and scientific review groups as necessary to carry out the functions of the FDA. Title VIII: Human Food Safety, Technology, and Nutrition Advisory Committee - Directs the Secretary to establish the Human Food Safety, Technology, and Nutrition Advisory Committee to advise the Secretary and the Commissioner of Food and Drugs on issues involving food for human consumption, including: (1) food technology and production; (2) food research and development; (3) biotechnology and food products; (4) food safety; (5) the relationship between diet, nutrition, and health; and (6) health-related claims for food. Title IX: Automation of FDA - Directs the Secretary, through the Commissioner, to automate appropriate activities of the FDA to ensure timely review of activities regulated under the FDCA. Authorizes appropriations. Title X: Compensation and Employment Requirements for FDA and EPA Scientists - Requires the Director of the Office of Personnel Management to ensure, to the extent practicable, that the level of compensation and employment requirements are comparable for scientists employed by the FDA and by the Environmental Protection Agency. Title XI: Funding Floor for FDA - Declares that, notwithstanding any other provision of law, there shall be appropriated no less than a specified amount each fiscal year for the activities of the FDA.
United States · United States Congress · 19 April 1989
Consumer Protection Against Price-Fixing Act of 1989 - Amends the Sherman Act to set forth evidentiary standards for price-fixing actions. Requires the court to allow the issue of concerted action to fix prices to be decided by the trier of fact if there is sufficient evidence from which a trier of fact could reasonably conclude that: (1) the supplier of a good or service received from a competitor of a reseller an express or implied suggestion, request, or demand that the supplier take steps to curtail or eliminate price competition; and (2) sales or supplies to the reseller were terminated by the supplier because of such communication. Prohibits the court from allowing the trier of fact to consider whether an individual and a competitor engaged in concerted action to set prices in violation of this Act if the court determines that the trier of fact could only find concerted action by making implausible inferences. Provides that the fact that a supplier and a reseller entered into an agreement to establish the resale price of a good or service shall be sufficient to constitute a price fixing violation, except when the agreement is to establish the maximum resale price of a good or service. Specifies that an agreement between the seller and the purchaser of a good or service to terminate another purchaser as a dealer or to refuse to supply such other purchaser because of that purchaser's pricing policies violates this Act, regardless of whether or not a specific price or price level is agreed upon.
United States · United States Congress · 19 April 1989
Expresses the sense of the Senate that the Bankruptcy Court and all involved parties should facilitate the prompt restoration of Eastern Airlines to full operations through appropriate action which may include appointment of a trustee, pending the sale of the company.
United States · United States Congress · 18 April 1989
Prohibits the importation of teak and fish products from Burma. Requires an importer of any such product to certify its origin to the Secretary of the Treasury.
United States · United States Congress · 18 April 1989
Toxics Release Prevention Act of 1989 - Amends the Clean Air Act to revise provisions concerning national emissions standards for hazardous air pollutants. Requires the Administrator of the Environmental Protection Agency (EPA) to include on the list of such pollutants each pollutant listed in committee print 101-XX published by the Senate Committee on Environment and Public Works. Directs the Administrator to review and revise such list at least every five years by adding pollutants which present a threat of adverse human health or environmental effects. Provides that no substance or activity regulated under part B of such Act shall be subject to regulation solely due to adverse environmental effects. Permits others to petition for additions to or deletions from such list. Requires the presentation of adequate data concerning health or environmental effects for the addition or deletion of any substance to or from such list. Directs the Administrator to list categories of major sources of hazardous air pollutants and establish a minimum emissions rate for each pollutant emitted by such sources. Limits the minimum annual emissions rate to ten metric tons for any one hazardous air pollutant or 25 metric tons for any combination of such pollutants. Authorizes the Administrator to establish an annual minimum emissions rate of more than ten metric tons for any category and pollutant, provided that a certain health threshold will not be exceeded and no adverse environmental effects will occur. Requires emission standards for such sources to require the maximum degree of reductions that the Administrator determines is achievable. Prohibits emission standards for new sources from being less stringent than those for existing sources in the same category. Permits emissions standards for existing sources to be less stringent than standards for new sources if the Administrator determines that the level of control applicable to new sources is technically or economically infeasible for existing sources. Directs the Administrator to review such standards at least every seven years. Requires the Administrator to establish such standards within: (1) 24 months of this Act's enactment for sources of specified pollutants; and (2) three, five, or ten years of this Act's enactment, based on the quantity of the pollutant and the risk of exposure. Requires standards for all categories to be promulgated within ten years of this Act's enactment. Directs the Administrator, within three years after the initial promulgation of such standards, to evaluate the risks to human health and the environment from emissions remaining after the application of such standards. Requires the revision of such standards if the Administrator determines that such emissions present a significant risk of adverse human health or environmental effects. Directs the Administrator to establish additional emissions regulations for categories of sources of carcinogens or for pollutants for which standards do not reduce emissions to a level at or below the threshold for adverse health effects. Prohibits any consideration of cost, cost-effectiveness, economic, or energy factors or technological feasibility to determine the appropriate level of such standards. Authorizes the Administrator to promulgate design, equipment, work practice, or operational standards for sources under this Act. Requires the Administrator to promulgate such standards when it is infeasible to prescribe or enforce an emission standard for a category of hazardous air pollutants. Permits the use of an alternative means of emission limitations if such alternative achieves a reduction equivalent to that achieved under this Act's requirements. Authorizes the Administrator or a State with an approved program to require owners or operators of facilities which emit hazardous air pollutants to: (1) monitor the presence of such pollutant in the source emissions and ambient air; (2) install and maintain leak detection systems; and (3) keep records and report on the results of such monitoring and leak detection. Requires work practice emissions standards to include, where appropriate, leak prevention, detection, and correction requirements. Sets forth a compliance schedule for emissions standards under this Act. Requires compliance by existing sources within three years of the effective date of such standards. Grants an extension of up to two additional years for such sources under specified conditions. Authorizes the Administrator or a State with an approved program to: (1) exempt existing sources from certain carcinogen emissions standards under specified conditions; and (2) require owners or operators of such sources to conduct research and development on improved technology or management practices as a condition for such temporary exemption or permit renewal. Provides an opportunity for public comment on any proposed exemption. Authorizes the President to exempt any source from emissions standards for up to two years if the technology to implement such standards is unavailable and the operation of such source is required for national security. Authorizes extensions of such exemptions for additional two-year periods. Authorizes the Administrator to exempt any existing major listed source from applicable emissions standards upon a showing that such source has achieved a voluntary emissions reduction of at least 90 percent by December 31, 1992. Waives emissions requirements for sources where emissions are in de minimis amounts and do not pose a risk of adverse human health or environmental effects and where control of such pollutant would require installation of additional and separate control technologies. Makes it unlawful to construct a new source or emit any pollutant subject to standards under this Act, except in compliance with a permit issued by the Administrator or an approved State. Outlines the requirements of the permit program. Limits State permits to five-year periods. Authorizes the issuance of a temporary permit if a source owner or operator certifies that the source will comply with applicable standards. Requires the Administrator or a State, within six months of the issuance of a temporary permit, to review the operations of such source to determine whether a full permit should be issued. Sets forth administrative provisions regarding the issuance of permits. Requires the Administrator to conduct an urban pollution research program to include: (1) ambient monitoring for a range of hazardous air pollutants in a number of urban areas; (2) analysis to characterize the area sources of such pollution and the health risks posed by such pollutants; and (3) consideration of factors which elevate such health risks. Directs States receiving grants for air pollution planning and control which contain a metropolitan area with over 250,000 persons to commence a monitoring program in each such area to measure the ambient concentration of hazardous air pollutants. Requires Governors of such States to report biennially to the Administrator on the results of such monitoring and to make such information available to the public. Requires the Administrator to transmit to the Congress a comprehensive strategy to control hazardous air pollutants released by sources in urban areas. Outlines the requirements of such strategy, including: (1) a schedule for specific actions to reduce emissions of particular hazardous air pollutants; and (2) the identification of research needs in monitoring or pollution control techniques and recommendations for changes in law to further the goals of such strategy. Requires the Administrator to set aside at least ten percent of funds available for grants under this section to support State strategies to reduce risk from source emissions in urban areas. Directs the Administrator, at intervals no later than eight and ten years after this Act's enactment, to report to the Congress on actions taken to reduce risks to public health posed by pollutants from area sources. Requires such report to identify metropolitan areas which continue to experience high risks as the result of emissions from such sources. Directs the Administrator to report to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce on health impacts of mobile source benzene emissions and fuel and vehicle-based control strategies. Authorizes States to develop and submit to the Administrator for approval programs for the control of emissions of hazardous air pollutants or for the prevention and mitigation of accidental releases of such pollutants. Permits the Administrator's enforcement authorities to be transferred to a State. Requires the Administrator to publish guidance for use in program development. Requires such guidance to include standards for emissions control as well as registration of facilities handling such pollutants in amounts greater than the threshold quantity. Directs the Administrator to establish and maintain an air toxics clearinghouse, control technology center, and risk information center to provide technical assistance and information to States on emissions reduction. Authorizes the Administrator to make grants to States for program development. Requires the Administrator to withdraw approval of a program if it is determined that the State is not administering or enforcing such program. Directs the Administrator to: (1) assess the hazards to public health and the environment resulting from emissions of hydrogen sulfide associated with the extraction of oil and natural gas resources; (2) report the results of such assessment, together with recommendations, to the Congress; and (3) develop and implement a control strategy for such emissions. Requires the Administrator to: (1) review risk assessment methods used by EPA to determine the carcinogenic risks associated with exposure to hazardous air pollutants and source categories; and (2) report the results of such review to the Congress. Directs the Administrator to report annually to the Congress on measures taken by the EPA and States to implement the requirements of this Act. Requires the Administrator to list at least 50 substances which could be released suddenly in concentrations that may cause adverse human health effects. Directs the Administrator to update such list at least every five years. Requires owners and operators of facilities at which such substances are present in amounts greater than a threshold quantity to conduct hazard assessments for each substance present at the facility. Directs the Administrator to publish guidance for the preparation of such assessments. Requires such assessments to include an identification of potential release sources and exposures and to be biennially updated. Directs the Administrator, to the extent practicable, to: (1) coordinate assessment requirements with requirements imposed by the Occupational Safety and Health Administration, including joint promulgation of regulations; and (2) facilitate compliance with such requirements by designing generic hazard identification and assessment tools for owners and operators of hazardous substance facilities. Makes such assessments available to the Administrator, States, the Chemical Safety and Hazard Investigation Board, local emergency planning entities and, subject to conditions of the Emergency Planning and Community Right-to-Know Act of 1986, the public. Requires the Administrator to establish a long-term research program to develop and disseminate information on improved hazard assessment methods and techniques. Establishes within EPA a Chemical Safety and Hazard Investigation Board to investigate and report on accidental chemical releases, make recommendations on the safety of chemical production, handling, and storage, and promulgate requirements for the reporting of such releases. Requires the Board to enter into a memorandum of understanding with the National Transportation Safety Board to assure coordination of functions and limit duplication of activities. Authorizes the Board to conduct research and studies with respect to accidental, sudden releases of hazardous substances. Requires the Board to publish a report, along with recommendations, on the use of hazard assessments in preventing and minimizing such releases. Directs the Administrator to set forth reasons for any refusal to implement a recommendation of the Board. Authorizes the Board to hold hearings, secure written reports from any person handling chemicals, and conduct inspections of any facility where an accidental release has occurred. Requires information obtained by the Board, unless it is likely to cause substantial harm to a person's competitive position, to be made available to the public. Directs the Board to report annually to the President and the Congress on accidental releases, recommendations, and priorities for research and investigations. Authorizes appropriations for FY 1990 through 1994. Authorizes the Administrator to promulgate release prevention, detection, and correction requirements, including requirements for monitoring, recordkeeping, and design, equipment, and operational practices, for extremely hazardous pollutant facilities. Authorizes the Administrator to secure such relief as may be necessary when determined that an actual or threatened release of an extremely hazardous substance poses an imminent and substantial danger to the public health or welfare or the environment. Permits the Administrator to issue orders to protect human health, welfare, or the environment. Establishes daily penalties for violations of such orders. Directs the Administrator to publish guidance for the coordination of such authority with the relevant authorities under other Federal environmental laws. Requires the President to: (1) review release prevention, mitigation, and response authorities of various Federal agencies and coordinate agency responsibilities to assure efficient implementation of such authorities and identify any deficiencies in authority or resources; and (2) report to the Congress on such activities, along with recommendations for changes in law. Authorizes appropriations. Increases and expands the scope of penalties under the Clean Air Act. Repeals certain provisions of such Act concerning the revision of stationary source regulations.
![Official portrait of Sen. Moynihan, Daniel Patrick [D-NY]](https://www.congress.gov/img/member/m001054_200.jpg)