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Bill· SS. 1989 (101st)referred
United States · United States Congress · 21 November 1989
Global Ban on Dangerous Pesticides Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to prohibit the export of any unregistered pesticide to a foreign country unless the Administrator of the Environmental Protection Agency determines that the benefits of such export to a country would be greater than the benefits resulting from the prohibition on such export. Makes it unlawful to knowingly export an unregistered pesticide, device, or active ingredient in violation of this Act. Requires the Administrator to initiate discussions with members of the United Nations to convene an international conference to prohibit the use of pesticides that: (1) do not meet the requirements for registered pesticides; or (2) are considered to create an unreasonable risk to human health or the environment by an organization qualified to assess the risks of pesticides. Directs the conference participants, in prohibiting the use of a pesticide, to consider: (1) the environmental costs and public health benefits associated with the use of such pesticide; and (2) the availability of an alternative pesticide or agricultural method that does not necessitate the use of such pesticide. Requires the Administrator to report to the House Committee on Agriculture and the Senate Committee on Agriculture, Nutrition, and Forestry on the actions taken to convene such conference.
Bill· SS. 1964 (101st)referred
United States · United States Congress · 21 November 1989
Directs the President to report annually to the Congress on the U.S. national environmental strategy. Requires such report to include: (1) a discussion of national and global environmental problems and an assessment of all Federal programs dealing with such issues; (2) an assessment of the integration of U.S. environmental programs and policies with other U.S. programs and policies, State programs and policies, programs and policies of metropolitan areas with more than a million inhabitants, and programs and policies of nonprofit conservation organizations; and (3) an assessment of the effectiveness and integration with specified U.S. strategies of the U.S. national environmental strategy.
Bill· HRH.R. 3816 (101st)referred
United States · United States Congress · 21 November 1989
Acid Deposition Monitoring and Response Act of 1989 - Amends the Clean Air Act to direct the National Acid Precipitation Assessment Program, in its final report to the Congress, to submit a plan for the operation of a nationwide network to detect and measure levels of acid deposition and identify significant research gaps and priorities. Directs the President to establish, and report to the Congress on, a nationwide monitoring program to compile data on acid deposition emissions, surface water quality, forest conditions, and visibility impairment. Provides for annual updates of monitoring results. Authorizes appropriations. Requires the President to develop an assessment framework for reporting complicated technical information about acid deposition in a manner useful to policymakers and the public to assist in formulating a response. Directs the President to: (1) submit updated assessments to the Congress every five years; and (2) report to the Congress on the reduction in acid deposition rates that must be achieved to prevent adverse ecological effects. Authorizes appropriations.
Bill· HRH.R. 3794 (101st)referred
United States · United States Congress · 21 November 1989
Acid Precipitation Act Amendments of 1989 - Amends the Energy Security Act to continue the National Acid Precipitation Assessment Program created under such Act. Provides that the chairman of the National Acid Precipitation Task Force shall be the Administrator of the Environmental Protection Agency. Requires the Task Force to sponsor monitoring and research in Federal agencies and in the scientific community to understand the effects of the emissions control program created by the Clean Air Act on acid precipitation. Directs the Task Force to: (1) undertake cost/benefit analyses of the effects of such program; (2) collect specified information regarding acid deposition; (3) maintain, update, and test models that describe the interaction of emissions with the atmosphere; (4) make a budget recommendation; and (5) report biennially to the Congress and the President on the results of the effects of the emissions control program on acid precipitation. Requires a scientific advisory board to conduct an annual peer review of Task Force research and reports and to make recommendations for the Task Force. Authorizes appropriations.
Bill· HRH.R. 3830 (101st)referred
United States · United States Congress · 21 November 1989
Amends the Asbestos School Hazard Abatement Act of 1984 to remove per capita income as a factor to be considered in determining eligibility of educational agencies for asbestos removal assistance.
Bill· SS. 1929 (101st)referred
United States · United States Congress · 20 November 1989
United States and the United States of Mexico Air Quality Improvement Act - Authorizes the Administrator of the Environmental Protection Agency to negotiate with Mexican representatives to establish a program to monitor and improve air quality along the U.S.-Mexican border region. Requires the monitoring component of such program to identify sources of pollutants for which national ambient air quality standards and other air quality goals have been established. Authorizes the Administrator to negotiate with the appropriate Mexican representatives to develop remediation measures to reduce the level of pollutants to achieve air quality standards in the border region. Requires such program to identify control measures the implementation of which would be expedited by U.S. material and financial assistance. Directs the Administrator to utilize resources of Mexico to offset the costs to the United States in implementing joint remediation measures. Requires the U.S. Comptroller General to study and report to the Congress on the air quality program, including ways to improve such program and whether such program should be continued or expanded to include Canada and other nations. Directs the Administrator to report annually to the Congress on the progress of the program in bringing the U.S.-Mexican border region into attainment with air quality standards. Requires the Administrator, in providing direct financial assistance to Mexico for the monitoring and remediation programs, to develop grant agreements with Mexico to assure the accuracy of monitoring data and the performance of remediation measures financed by the United States. Directs the Administrator, when approving State Implementation Plans, to take into account the impacts of the sources of pollutants coming from Mexico and the role of the United States in developing monitoring and remediation plans with Mexico to bring about attainment of air quality standards in regions along the border in the United States.
Law· SJRESS.J.Res. 230 (101st)enacted
United States · United States Congress · 20 November 1989
Designates the week of May 6 through May 12, 1990, as National Drinking Water Week.
Resolution· SRESS.Res. 216 (101st)passed
United States · United States Congress · 20 November 1989
Expresses the sense of the Senate that States should negotiate and enter into interstate agreements to govern the management of hazardous waste generated within their borders.
Bill· HRH.R. 3753 (101st)referred
United States · United States Congress · 20 November 1989
Amends the Endangered Species Act to require the Secretary of the Interior, if a petition to list a species as endangered or threatened is warranted, to accept written scientific biological data from the public on the status of the species. Requires the Secretary to designate an administrative law judge to conduct an evidentiary hearing to review such data.
Bill· HRH.R. 3786 (101st)referred
United States · United States Congress · 20 November 1989
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to authorize the Administrator of the Environmental Protection Agency to support community reward funds established for the purpose of paying rewards to persons providing information leading to: (1) the identification, arrest, and conviction of a person for a violation subject to a criminal penalty under such Act; or (2) the identification of, and the recovery of response costs for, a release of a hazardous substance from a responsible party. Permits the President to pay an award of up to $10,000 for information leading to the recovery of response costs from a responsible party for a release of a hazardous substance.
Bill· HRH.R. 3735 (101st)open
United States · United States Congress · 19 November 1989
Waste Materials Management Act of 1989 - Authorizes appropriations for FY 1990 through 1993 to carry out the Solid Waste Disposal Act. Title I: Provisions Relating Primarily to Subtitles A and B of the Solid Waste Disposal Act - Amends the Solid Waste Disposal Act to revise provisions concerning congressional findings and objectives. Declares it to be U.S. national policy that: (1) the creation of surplus and remnant material from production processes shall be reduced and residuals from post-consumer products shall be managed as material resources; (2) materials are to be managed at Federal, State, and local levels using specified waste reduction and management strategies; and (3) the Administrator of the Environmental Protection Agency (EPA) and the States shall not differentiate in the enforcement of this Act on the basis of whether an owner or person engaged in waste disposal activities is a public or private person, whether a facility is located on or off the premises where waste is generated, or whether an activity is carried out on or off the premises where the waste is generated. Requires the Inspector General of the EPA to report annually to the Congress on the implementation of, and compliance with, the Solid Waste Disposal Act. Adds specified annual reporting requirements. Directs the Administrator, for five years following the date of enactment of this Act, to identify five of the most toxic and common constituents of municipal waste. Requires the Administrator to consider, with respect to each of the constituents, imposing the following: (1) a ban on the use of such a constituent in production; (2) a ban on disposal in landfills or treatment in incinerators of any product containing such a constituent; (3) a requirement for special management standards for such products after discard; and (4) a requirement for the use of a substitute constituent. Permits the Administrator to impose such bans or requirements only by promulgating regulations. Requires the Administrator to publish annually in the Federal Register any information on such actions. Prohibits the disposal of used lead-acid batteries other than by recycling in accordance with this Act. Requires persons to dispose of such batteries only by delivery to: (1) battery retailers or wholesalers; or (2) secondary lead smelters or collection or recycling facilities permitted by a State or the Administrator. Sets forth battery disposal requirements for retailers, wholesalers, and manufacturers. Makes violators of such requirements subject to fines under the Federal criminal code. Requires battery retailers, wholesalers, and manufacturers to accept from customers used batteries of the same type as the batteries sold. Directs retailers to post a notice for customers containing information about the illegality of improperly disposed batteries, the requirements for accepting and disposing of batteries, and the merits of conservation. Permits the Administrator to inspect any establishment pursuant to this Act and to issue warnings and citations for noncompliance. Subjects persons who fail to post notices after receiving a warning to penalties of up to $1,000 per day. Requires battery wholesalers who sell batteries to retailers to provide for removal of batteries from the retailers' place of business. Prohibits the charging of fees for accepting batteries from customers. Considers violations of battery collection requirements to be misdemeanors. Requires the Administrator to study and report to the Congress on the disposal and potential recyclability of household dry-cell batteries and the need for legislation, regulation, or further study on the disposal and recyclability of such batteries. Title II: Provisions Relating Primarily to Subtitle C of the Solid Waste Disposal Act - Identifies as a hazardous waste a waste containing more than .1 percent of any constituent listed in appendix VIII to part 261 of title 40 of the Code of Federal Regulations, unless the Administrator establishes another level for such constituent. Provides that: (1) the mixing of a hazardous waste with any other matter constitutes treatment requiring a permit; and (2) dilution of a hazardous waste through such mixing, such that the resulting mixture does not exceed the established concentration levels, does not alter the character of the material as a hazardous waste. Authorizes the granting of petitions to remove from the list a hazardous waste for periods of up to five years. Permits subsequent renewals of such petitions. Requires the Administrator to charge fees for the submission of such petitions. Directs the Administrator to promulgate regulations on the following characteristics of hazardous waste: (1) acute and aquatic toxicity; (2) persistence and bioaccumulation potential; (3) radioactivity; (4) carcinogenicity; (5) mutagenicity; and (6) phytotoxicity. Directs the Administrator to promulgate regulations requiring: (1) owners or operators of facilities which use materials containing hazardous constituents listed in the Code of Federal Regulations in a manufacturing process to test the waste generated for the presence of such constituents; and (2) owners or operators of facilities generating hazardous waste subject to land disposal prohibitions to test the waste to determine if it meets applicable treatment standards. Provides for routine testing at least every two years and additional testing when a significant change in generation or waste management processes occurs. Requires the Administrator to carry out hazardous waste programs directly in States unless a State is authorized to administer such requirements. Requires the Administrator, if a State's program is equivalent, to grant interim authorization to such State to administer such program in lieu of direct administration by the Administrator. Directs States with hazardous waste programs to report annually to the Administrator on such programs. Prohibits the Administrator from identifying used oil as a hazardous waste under the Solid Waste Disposal Act. Provides that any fuel derived from used oil that does not meet used oil specifications established by the Administrator and would otherwise be identified as a hazardous waste shall be deemed to be a hazardous waste. Directs the Administrator to promulgate regulations for persons who generate, transport, recycle, or dispose of used oil. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of such regulations on the used oil recycling industry. Provides that regulations for used oil generators shall: (1) prohibit the storage of used oil in an underground storage tank unless such tank meets requirements under this Act; (2) prohibit the storage of used oil for more than 12 months; (3) require generators to transfer such oil to specified permitted used oil recycling or disposal facilities or transporters; and (4) require generators to keep specified records on such oil. Requires used oil transporter regulations to provide that such transporters: (1) acquire identification numbers from EPA; (2) meet applicable financial responsibility requirements; and (3) keep specified records. Provides that used oil recycler regulations shall require recyclers to: (1) keep specified records; (2) test fuel produced from the recycling process before departure from the facility; and (3) obtain certain permits. Requires used oil disposal regulations to prohibit mixing used oil with any hazardous waste identified under the Solid Waste Disposal Act unless the resulting mixture does not exhibit hazardous waste characteristics or the mixture is burned to recover useful energy in a device designed such that protection of human health and the environment is assured. Directs the Administrator to promulgate regulations requiring owners or operators of new and existing recycling facilities to have class permits. Provides for annual inspections of such facilities to assure permit compliance. Sets forth requirements for interim class permits. Exempts from permit requirements: (1) facilities which refine at least 10,000 barrels daily of crude oil into petroleum products, are classified as S.I.C. number 2911 (pursuant to the Office of Management and Budget Standard Classification Manual) facilities, and whose volume of refined used oil is less than one percent of the total crude oil refined into lubricant base stock annually; and (2) facilities which compound or blend lubricating base oil into finished lubricant products as their principal activity, are classified as S.I.C. number 2899 or 2992 facilities, and whose volume of used oil compounded or blended into such products is no more than ten percent of the lubricating base oil compounded or blended annually. Exempts from used oil regulation requirements on-site activities at facilities classified as S.I.C. number 4911 facilities. Directs the Administrator to promulgate regulations governing such facilities. Requires the Administrator to promulgate regulations establishing specification standards for fuel derived from used oil to be burned in furnaces and boilers. Sets forth requirements to be effective if the Administrator fails to promulgate used oil regulations by the applicable deadline. Requires the Administrator to implement education programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of used oil and the benefits derived from used oil recycling. Authorizes appropriations. Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually for ten years. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) owners or operators of used oil collection centers to keep receipts issued by transporters who take delivery of such oil and copies of agreements under which the transporter agrees to take such oil to a recycling facility; (2) such owners or operators to certify that oil taken by transporters is not mixed with hazardous wastes; (3) owners or operators of recycling facilities to be the only persons to create a recycling credit for the recycling credit system; (4) recyclers to certify that the substance being recycled is used oil that has not been mixed with hazardous wastes; (5) oil proposed to be recycled to have come from a used oil collection place or a transporter with an identification number; (6) specified records to be kept by recyclers and by importers or producers; and (7) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the oil industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated version of such report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations. Directs the Administrator to promulgate regulations requiring owners or operators of existing and new hazardous waste facilities to have class permits. Requires such permits to include provisions for: (1) public notice and comment; (2) environmental monitoring; (3) closure and post closure requirements; (4) financial responsibility; (5) annual on-site inspections; and (6) penalties for noncompliance. Requires the Administrator to impose additional requirements, as necessary. Requires the following facilities, unless excluded from regulation, to have such permits: (1) recycling facilities; (2) facilities engaged in precious metal recovery; (3) facilities engaged in spent lead-acid battery reclamation; and (4) hazardous waste storage facilities. Title III: Provisions Relating Primarily to Subtitle D of the Solid Waste Disposal Act - Subtitle A: Provisions Relating to Solid Waste Management Plans - Revises requirements for State solid waste management plans. Requires such plans to include: (1) an estimate of the capacity of the State to manage such waste; (2) permit programs; (3) solid waste recycling, reduction, incineration, and land disposal elements; (4) an overall waste materials strategy to cover one of two specified planning periods; (5) waste inventories; (6) personnel training and public education; (7) requirements for the management of household hazardous waste, tires, yard waste, and large household appliances; and (8) annual reporting requirements. Sets forth submission, approval, and implementation procedures for State plans. Authorizes a State with an approved plan and certification of compliance to: (1) prohibit the transportation of solid waste generated from another State into such State for disposal, storage, or incineration purposes; (2) prohibit the incineration, disposal, or storage of such waste; and (3) levy fees on solid waste or solid waste transporters that differentiate rates or other aspects of payment on the basis of waste origin. Requires such State, prior to exercising such authority, to certify to the Administrator that it has: (1) completed construction on facilities that will provide at least 70 percent of the capacity for solid waste management needed to implement the State plan; and (2) completed siting approval on facilities that will provide 100 percent of such capacity. Prohibits the interstate transport of solid waste in any State: (1) that does not have an approved plan within a specified time period; (2) that cannot certify continuing compliance; or (3) for which that the Administrator has withdrawn approval of the State plan. Permits the Administrator to develop a plan for, and charge, any State that has not submitted a plan. Requires States to establish permit programs and issue permits to solid waste management facilities in compliance with this Act. Prohibits the incineration, storage, or disposal of such waste at, or the transportation of such waste to, facilities without permits. Sets forth transitional permit requirements and deadlines. Limits permit terms to ten years and provides for permit modifications, as appropriate. Authorizes States to grant variances from permit requirements if demonstrated that no adverse effects to human health or the environment will result from such variances. Subtitle B: Provisions Relating to Federal Requirements - Directs the Administrator to promulgate standards, guidelines, and regulations for: (1) municipal solid waste landfills; (2) municipal solid waste incinerators; (3) industrial waste; (4) above-ground storage tanks; and (5) other waste categories, as appropriate. Permits State Governors to petition the Administrator for the promulgation of additional standards, guidelines, and regulations. Sets forth requirements for municipal solid waste landfills, to include: (1) specified detection and monitoring controls; (2) daily cover; (3) closure and postclosure requirements; (4) financial responsibility and corrective action requirements; (5) groundwater monitoring; (6) liners and leachate collection and removal systems, as appropriate; (7) construction quality assurance plans; and (8) prohibitions on landfills being located within the 100-year flood plain, within specified distances of faults, or within seismic impact zones or other unstable areas, unless certain conditions have been met. Requires the Administrator to publish guidelines for identifying materials which should be removed from solid waste before its incineration in a municipal solid waste incinerator. Directs the Administrator to promulgate regulations applicable to the operation and management of municipal solid waste incinerators and to the disposal or recycling and reuse of municipal solid waste incinerator ash. Prohibits the disposal of ash in units that are created as a result of vertical expansion of an existing waste disposal facility unless it is demonstrated that there will be no settling of waste that would impair the integrity of the liners. Requires that landfills into which such ashes are disposed provide for groundwater monitoring and: (1) place such ashes in a monofill having a leachate collection system and a single liner designed and operated to prevent the migration of any constituent into such liner; or (2) have two or more liners and a leachate collection system above and between such liners. Provides that landfill design requirements shall not apply to alternatively-designed units if demonstrated that such designs prevent such migration. Directs the Administrator to prescribe criteria and testing procedures for identifying the hazardous properties of municipal incinerator ash so that ash which does not exhibit such properties may be placed in sanitary landfills meeting current criteria under specified conditions. Requires ash which is hazardous to human health or the environment to be treated prior to recycling or reuse. Prohibits, four years after this Act's enactment, the operation of incinerators and the receipt of ash for treatment, storage, disposal, reuse, or recycling without a permit or prior approval under a State program. Requires civil penalties imposed against local governments for violations of this Act to be deposited into a trust fund for programs that serve to enhance the protection of human health and the environment. Sets forth transitional provisions. Requires the Administrator to identify, classify, and report to the Congress and States on specified types of industrial waste. Directs generators or transporters of such waste and owners or operators of facilities handling such waste to file notifications with the State concerning facility locations and descriptions of activities and wastes handled. Sets forth requirements for industrial waste management, to include: (1) authorizations to operate; (2) monitoring, recordkeeping, and reporting requirements; (3) performance standards; (4) financial responsibility assurances; (5) design, operating, closure, and postclosure criteria; and (6) corrective action requirements. Applies such requirements to the following facilities: (1) industrial waste facilities that produce such waste and are not implementing closure or postclosure plans; and (2) inactive or abandoned facilities that are reactivated. Requires the Administrator to study the adverse effects on human health and the environment of the disposal of other nonhazardous waste. Directs the Administrator to promulgate solid waste storage regulations. Excludes from such regulations storage at transportation-related facilities. Requires State plans and permits to include requirements for municipal solid waste landfills and incinerators and for industrial wastes. Subtitle C: Other Provisions - Directs the Administrator to compile and periodically update a non-hazardous solid waste inventory to determine, by State or region: (1) an estimate of the amount of such waste to be generated annually and likely to be generated in each of the next 20 years; and (2) the capacity of existing and proposed waste management facilities. Sets forth Federal enforcement provisions. Prescribes civil and criminal penalties for violations of solid waste management requirements. Title IV: Provisions Relating Primarily to Subtitle H of the Solid Waste Disposal Act - Requires the Administrator to: (1) develop model recycling programs for States and localities; and (2) carry out a continuing program to evaluate demonstrated waste management technologies that could be used by municipalities and report periodically on such program. Prohibits the Administrator from funding the development or demonstration of such technologies. Title V: Provisions Relating Primarily to Subtitle I of the Solid Waste Disposal Act - Directs the Administrator to promulgate regulations applicable to above-ground storage tanks. Applies such requirements to all tanks except those subject to the requirements of subtitle C of the Solid Waste Disposal Act. Exempts from this Act's requirements releases of small quantities of regulated substances which will not endanger human health and the environment and particular tanks, as appropriate. Requires such regulations to include requirements for field-erected tanks. Directs owners and operators of such tanks to implement release prevention plans which provide for release prevention systems capable of: (1) catching and holding 110 percent of the full capacity of the tank and preventing releases beyond tank boundaries; and (2) restraining drainage and preventing contamination of soil and water. Requires the plan and system to be inspected by a registered engineer who is not employed by the owner or operator. Directs the engineer, if the system does not reflect good engineering practices or the tank does not comply with the regulations, to notify the Administrator or the State. Provides for amendments of release prevention plans whenever there is a major modification in the tank which affects the tank's potential to release substances. Sets forth recordkeeping and reporting requirements for field-operated tanks. Prohibits the operation of such tanks after a release unless the Administrator determines that such prohibition is not necessary. Requires the regulations to include requirements for shop-fabricated tanks. Directs the Administrator to: (1) establish an inspection program for such tanks in the factory when construction is complete and before the tanks enter interstate commerce; and (2) require such tanks to bear labels with specified manufacturing, capacity, and use information. Provides for requirements relating to the installation of such tanks. Directs the Administrator, as necessary, to promulgate financial responsibility requirements for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases from above-ground storage tanks. Permits the establishment of financial responsibility for a spill by any means the Administrator deems appropriate. Authorizes the assertion of claims against guarantors providing evidence of financial responsibility for claims against insolvent owners or operators of tanks. Limits guarantor liability to the aggregate amount which the guarantor has provided as evidence of financial responsibility to the owner or operator. Authorizes the Administrator to establish coverage requirements which may vary among particular classes or categories of above-ground storage tanks. Permits the Administrator to make grants to States for carrying out enforcement requirements. Authorizes a State to submit for the Administrator's review and approval a program under which such State would assume primary responsibility for the enforcement of regulations pertaining to above-ground storage tanks. Requires that State regulation and enforcement procedures be at least as stringent as those used by the Administrator. Requires the Administrator to: (1) monitor State programs for compliance with this Act's requirements; and (2) provide technical assistance to assist States, local governments, and owners and operators in complying with this title. Authorizes the Administrator to issue compliance orders or commence civil actions against violators of this Act's requirements, but requires that prior notification be given to States operating their own programs. Imposes criminal and civil monetary penalties for violations of this Act's requirements. Makes tank owners and operators liable for the Administrator's corrective action costs and damages. Authorizes the Administrator to require a tank owner or operator to undertake corrective action in response to any release of a regulated substance from the tank when such action will be done properly and promptly. Permits the Administrator, upon notification of a release, to prohibit operations in a facility until such action has been taken. Authorizes the Administrator to take corrective action where the owner or operator fails to take prompt and effective action and human health and the environment are endangered. Prohibits indemnification agreements from transferring liability under this title. Prohibits States or political subdivisions from enforcing requirements for shop-fabricated tanks that are more stringent than those imposed under this title. Authorizes appropriations. Prohibits the Administrator from enforcing financial responsibility regulations with respect to an owner or operator of an underground storage tank if such owner or operator has applied for insurance. Revises provisions concerning financial responsibility for such tanks. Requires the Administrator to evaluate and report to the Congress on the effects of financial responsibility regulations on the cost and availability of insurance used to demonstrate financial responsibility. Title VI: Waste Materials Reduction - 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 Administrator on the implementation of such plans. Directs the Administrator to establish a clearinghouse within EPA to collect and disseminate information on waste reduction and recycling. Makes such information available to the public. Requires the Administrator to establish a commission to study and report to the President and the Congress on waste reduction with respect to consumer products and packaging. Provides for the submission of periodic reports by the commission on the status of waste reduction efforts by the Federal Government and industry. Terminates the commission five years after the date of its establishment. Title VII: Procurement and Marketing of Recycled Materials - Applies Federal procurement requirements concerning recycled goods to States or other entities if such entities use funds appropriated to a Federal agency to which such procurement requirements apply. Directs the Administrator for Federal Procurement Policy to report to the Congress on the effect of a certain price preference concerning the procurement of recycled paper products. Requires affirmative procurement programs to include: (1) programs for monitoring compliance by States, political subdivisions, and contractors with recovered materials procurement requirements; and (2) a requirement that paper procured for uses which have enduring value be permanent paper. Requires such agencies to report annually to the Administrator on such programs and on the amount and value of recovered materials procured. Makes such report available to the public. Directs the EPA Administrator to: (1) report biennially to the Congress on the progress made by Federal agencies in implementing recovered materials procurement programs; and (2) review and revise, if necessary, guidelines concerning such programs which were prepared before this Act's enactment. Prohibits Federal agencies from entering into procurement contracts with any persons convicted of specified offenses of the Solid Waste Disposal Act if such a contract is to be performed at the facility at which the violation occurred. Authorizes the President to make exemptions to such prohibition. Requires the President to report annually to the Congress on the implementation of such prohibition. Directs the Secretary of Commerce to conduct a biennial survey that: (1) identifies the major domestic uses for, and users of, recovered and recycled materials; (2) documents or estimates the amounts of such materials used, exported, and imported annually; and (3) identifies the markets for such materials and the products made from such materials. Requires the Secretary and the Administrator to establish an interagency working group to: (1) promote markets in recovered and recycled materials and link sources of such materials with potential markets; (2) work cooperatively with generators, collectors, transporters, users, and regulators of such materials and with manufacturers of products containing such materials; (3) link businesses dealing in such materials with potential sources of capital; (4) educate government and business officials about potential commerce in such materials; (5) coordinate efforts to promote lawful commerce in such materials; (6) encourage reuse and recycling of solid waste; and (7) identify the institutional, economic, and technical barriers to the use of such materials. Directs the Secretary to take such actions as may be necessary to stimulate the development of new domestic markets for such materials. Requires the Secretary and the U.S. Trade Representative to: (1) identify foreign markets for recovered materials and products containing a high content of recycled materials; and (2) assist exporters in selling such materials and products in foreign markets. Title VIII: Financial Assistance - Authorizes the Administrator to provide financial assistance to States with approved solid waste management plans to develop programs to encourage and facilitate recycling. Permits the Administrator to: (1) provide financial assistance to States and local authorities for solid waste management planning; (2) make bonus grants to municipalities or other agencies that demonstrate achievement of a recycling rate greater than 25 percent; (3) make loans to States for waste reduction activities and programs in rural areas to collect household hazardous waste and waste from small quantity generators. Title IX: Other Provisions - Permits Government agencies to retain any amounts received from sales of materials or energy recovered from solid waste. Requires the Administrator to promulgate regulations for the use and composition of compost made from yard waste. Revises oil labeling requirements to direct the Administrator to promulgate regulations requiring packages of lubricating oil (of less than five gallons) sold in commerce to bear a label stating that used oil should be taken to collection centers. Directs the Administrator to promulgate regulations requiring rigid and semi-rigid plastic packaging and products sold in commerce to bear a label identifying the plastic resin used in such packaging and products. Authorizes the Administrator, subject to certain conditions, to: (1) treat Indian tribes as States under the Solid Waste Disposal Act; (2) delegate to such tribes primary enforcement responsibility for programs under such Act; and (3) provide such tribes grant and contract assistance to carry out such functions. Permits States and Indian tribes, subject to the Administrator's approval, to enter into cooperative agreements to administer such Act. Requires the Administrator to report to the Congress on measures for addressing hazardous and solid wastes and underground storage tanks in Indian country. Directs the Administrator to undertake a continuing program to establish an inventory of hazardous waste sites and solid waste open dumps in Indian country. Requires the Administrator to assist Indian tribes that operate such dumps in upgrading such facilities.
Bill· HRH.R. 3736 (101st)open
United States · United States Congress · 19 November 1989
Waste Export Control Act - Amends the Solid Waste Disposal Act to incorporate requirements for the export of solid waste. Exempts from this Act's requirements waste paper, glass cullet, metal, or plastic that: (1) has been separated from solid waste before export; (2) is exported for incorporation into new products with recycled content; and (3) is not a hazardous waste under the Solid Waste Disposal Act. Authorizes persons to apply to the Administrator of the Environmental Protection Agency for the exemption of other recovered materials. Requires persons exporting exempted materials to notify the Administrator prior to such exporting. Prohibits the export of solid waste from the United States unless there is an agreement between the United States and the receiving country which provides for: (1) the exchange of information regarding such export and its management; (2) cooperation on compliance with, and enforcement of, such agreement; (3) biennial review and revision or suspension of such agreement under certain circumstances; and (4) a prohibition on further transport of such waste from the country of destination without the written consent of parties to the agreement. Deems any agreement concerning shipments of hazardous waste entered into by the United States and in force on this Act's enactment date to meet this Act's requirements for two years following such enactment date. Prohibits the export of solid waste from the United States unless the exporter has obtained a permit from the Administrator. Outlines information to be included in the permit application. Requires the Director of the National Enforcement Investigations Center to submit an investigative report on each applicant to the Administrator. Provides that permittees shall have the continuing duty to provide assistance or information requested by the Administrator or the Center and to cooperate in any inquiry conducted by the Center. Directs the Administrator, before issuing a permit under this Act, to determine that the solid waste will be managed in a manner protective of human health and the environment and which is no less strict than that which would be required if the waste were managed in the United States. Provides that such determination shall assure that certain facility operation and transportation requirements are met. Limits permit terms to a period of five years. Directs the Administrator to report annually to the Congress on all solid waste exports. Prohibits the issuance of any permit unless the Administrator determines that: (1) the waste generator has used reasonable efforts to eliminate or minimize waste generation prior to export; (2) the receiving facility is capable of treating, storing, and disposing of such waste in a manner protective of human health and the environment and no less strict than that which would be required if the waste were managed in the United States; and (3) the application meets the requirements of this Act. Directs the Administrator to make inspections of any permittee and of any facility handling waste subject to a permit, as necessary. Authorizes the Administrator to revoke a permit under specified circumstances. Directs the Administrator to establish a user fee to defray the cost of administering this Act. Requires such fee system to consist of a one-time permit application fee and a waste export permit fee to be paid over the life of the permit. Prescribes civil and criminal penalties for violations of this Act.
Bill· SS. 1921 (101st)referred
United States · United States Congress · 18 November 1989
Makes it unlawful to ship or transport any solid waste generated in a State into another State for treatment or disposal if such shipment or transportation is in violation of the laws of the recipient State. Authorizes States to enact and enforce laws regulating the treatment and disposition of solid waste, including laws regulating the importation of such wastes into States. Prescribes penalties for violations of this Act, including up to ten years' imprisonment for subsequent violations. Requires the Administrator of the Environmental Protection Agency, by regulation, to require persons transporting or shipping more than 100 pounds of solid waste in interstate commerce to submit annual registration statements. Directs the Administrator, upon request, to make such statements available to the public.
Bill· SS. 1906 (101st)open
United States · United States Congress · 17 November 1989
Anaconda Mines Drainage Treatment Act of 1989 - Directs the Secretary of the Interior to construct and maintain a water treatment plant to ensure that water flowing from Anaconda Mine sites near Butte, Montana, meet water quality standards. Provides that such plant shall be designed to treat the quantity and quality of effluent historically discharged from the Anaconda Mines. Authorizes the Secretary to operate and maintain the plant and perform sludge disposal directly or through contract with public or private entities. Authorizes appropriations.
Bill· HRH.R. 3722 (101st)open
United States · United States Congress · 17 November 1989
Long Island Sound Conservancy Act of 1989 - Directs the Administrator of the Environmental Protection Agency (EPA) to extend a certain management conference for Long Island Sound until September 30, 1998. Establishes a policy committee within such conference. Amends the Federal Water Pollution Control Act to establish within EPA a Long Island Sound Office. Establishes within the Office a Long Island Sound Office Advisory Committee. Requires the Director of the Office, through the Committee, to convene conferences for legislators from State governments and political subdivisions to coordinate legislative efforts to facilitate the environmental restoration of the Sound and the implementation of the conservation and management plan. Directs the Director to collect and make available to the public information relating to the environmental quality of the Sound. Authorizes the Director to provide technical assistance and the use of EPA facilities to the Citizens Advisory Committee on the Long Island Sound Study. Provides for the coordination of Federal programs with respect to the Sound. Requires the Director, acting through the Committee, to study and report to the appropriate congressional committees on oil spill preparedness and Federal oil spill contingency plans for oil spills in the Sound. Directs the Director to solicit quarterly reports from regional EPA offices with jurisdiction in the Sound on environmental enforcement issues with respect to the Sound. Requires the Director to designate an Office staff member as Office Director for Enforcement Evaluation. Authorizes the Administrator, acting through the Director, to make grants from the Long Island Sound Fund for: (1) environmental monitoring and cleanup of the Sound and educational programs to encourage the restoration of the Sound; (2) supplemental environmental enforcement personnel and special enforcement needs in the Sound; (3) research and planning; and (4) implementation of management mechanisms, at the requests of States affected by the Sound conservation and management plan. Requires grant recipients to report biennially to the Administrator, the Director, and the Committee on progress in meeting grant objectives. Sets forth the application process for implementation grants. Limits Fund monies available for implementation grants and the administrative costs of such grants. Permits the Administrator to prescribe grant eligibility requirements. Directs the Administrator to consult with the Director and the Committee in making grants through the EPA Office of Pollution Prevention for onsite reduction of pollution sources. Requires the Director, acting through the Committee, to establish a schedule for the initiation of research and planning studies under this Act. Directs the Director to conduct the following studies: (1) an examination of the unfinished agenda described in the final report of the Management Committee of Long Island Sound; (2) a 20-year growth assessment of the adequacy of wastewater treatment facilities serving the Sound with respect to estimated increases in population and usage of such facilities; (3) a survey of public access issues relating to the Sound and the development of a map describing such access; (4) an examination of contaminated sediments and of dredging activities in the Sound; (5) an examination of nonpoint source pollution in the Sound; (6) an examination of wetlands protection issues; (7) an assessment of effective methods of nitrogen removal to abate pollution in the Sound; (8) an examination of atmospheric acid precipitation and deposition into Sound waters; (9) an assessment of water quality issues; and (10) an assessment of recreational uses and demands in the Sound. Prohibits the Director from duplicating any study for which a comparable study exists. Requires the Director, acting through the Committee, to conduct a demonstration project for the removal of: (1) toxic materials from contaminated sediments in the Sound; and (2) nitrogen from pollutants in Norwalk Harbour in the Sound. Directs the Director, acting through the Committee, to report annually to the Congress on: (1) modifications to the conservation and management plan; and (2) studies and demonstration projects and schedules for meeting study and project proposals. Authorizes appropriations. Requires the Director, acting through the Committee, to review and report to the appropriate congressional committees on: (1) the Federal Water Pollution Control Act with respect to the Sound; and (2) the need for a regional authority to effectuate and fund nitrogen removal treatment at sewage treatment plants and watersheds in the Sound and the potential methods of financing such authority. Establishes a Long Island Sound Fund. Makes appropriations to the Fund and makes Fund monies available to carry out this Act.
Bill· HRH.R. 3708 (101st)referred
United States · United States Congress · 17 November 1989
Amends the Clean Air Act to regulate air pollution from Outer Continental Shelf activities, including: (1) stationary sources on or above the Shelf; (2) vessels engaged in activities authorized under the Outer Continental Shelf Lands Act or engaged in oil or gas exploration or development; and (3) power generating units on shore which power a facility engaged in activities on waters above the shelf or regulated under the Outer Continental Shelf Lands Act. Requires new stationary sources to obtain a State permit which will require the lowest achievable emission rate for each air pollutant. Requires other sources within range of the new source to offset emissions of any pollutant from such new source. Requires existing sources, within two years, to achieve the lowest achievable emission rate for each air pollutant. Authorizes compliance inspections.
Bill· HRH.R. 3702 (101st)referred
United States · United States Congress · 17 November 1989
Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to make grants to any group of individuals affected by a release of hazardous waste from solid waste treatment, storage, or disposal facilities having or seeking permits under such Act. Permits such grants to be used for technical assistance to: (1) interpret information with respect to the nature of the release; (2) investigate the release or monitor a facility owner or operator in investigating such release; and (3) make recommendations to the Administrator on corrective actions to be taken at the facility. Limits the amount of such grants. Requires grant recipients to contribute a specified percentage of the costs of technical assistance. Waives such limitations and contribution requirements under specified circumstances. Prohibits the provision of more than one grant to a single facility, but authorizes grant renewals at all stages of corrective action.
Law· SS. 1893 (101st)enacted
United States · United States Congress · 16 November 1989
Asbestos School Hazard Abatement Reauthorization Act of 1989 - Amends the Asbestos School Hazard Abatement Act of 1984 to require State Governors to maintain records on asbestos in school buildings. Deletes a requirement for the submission of asbestos abatement application materials by State Governors to the Secretary of Education. Requires State Governors, in determining the adequacy of financial resources available to a local educational agency for asbestos abatement, to consider the additional costs to such agency of meeting the needs of disadvantaged students. Removes a reporting requirement concerning actions taken by State Governors in accordance with State plans. Directs the Administrator of the Environmental Protection Agency to approve applications for financial assistance no later than April 30 of each year. Prohibits the provision of such assistance to applicants who are not in compliance with title II of the Toxic Substances Control Act. Requires the proceeds from the repayment of Federal asbestos abatement loans and assistance recovery lawsuits to be deposited into the Asbestos Trust Fund. Removes a condition on the provision of financial assistance which requires the submission of an application within five years of the enactment of the Asbestos School Hazard Abatement Act of 1984. Prohibits the approval of assistance applications unless the local educational agency certifies that it is implementing an asbestos management plan and all abatement activities will be conducted by trained and accredited individuals in conformance with the Toxic Substances Control Act. Removes certain requirements for the promulgation by the Administrator of standards for asbestos removal contractors and the protection of school employees trained to carry out abatement activities. Requires the Administrator to report annually (until 1999) to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce on the loan and grant program under the Asbestos School Hazard Abatement Act of 1984. Authorizes appropriations for the asbestos abatement program for FY 1991 through 1995. Revises provisions concerning the allocation of appropriations. Permits up to five percent of appropriations to be reserved each fiscal year for the administration of asbestos abatement activities. Authorizes the Administrator to use up to five percent of such appropriations for grants to States for: (1) assisting local educational agencies in performing periodic reinspections and training activities; and (2) maintaining programs to accredit personnel performing asbestos inspections and response actions. Makes conforming amendments to provisions of the Asbestos Hazard Emergency Response Act of 1986 concerning the Asbestos Trust Fund.
Bill· HRH.R. 3677 (101st)open
United States · United States Congress · 16 November 1989
Asbestos School Hazard Abatement Reauthorization Act of 1989 - Amends the Asbestos School Hazard Abatement Act of 1984 to require State Governors to maintain records on asbestos in school buildings. Deletes a requirement for the submission of asbestos abatement application materials by State Governors to the Secretary of Education. Requires State Governors, in determining the adequacy of financial resources available to a local educational agency for asbestos abatement, to consider the additional costs to such agency of meeting the needs of disadvantaged students. Removes a reporting requirement concerning actions taken by State Governors in accordance with State plans. Directs the Administrator of the Environmental Protection Agency to approve applications for financial assistance no later than April 30 of each year. Prohibits the provision of such assistance to applicants who are not in compliance with title II of the Toxic Substances Control Act. Requires the proceeds from the repayment of Federal asbestos abatement loans and assistance recovery lawsuits to be deposited into the Asbestos Trust Fund. Removes a condition on the provision of financial assistance which requires the submission of an application within five years of the enactment of the Asbestos School Hazard Abatement Act of 1984. Prohibits the approval of assistance applications unless the local educational agency certifies that it is implementing an asbestos management plan and all abatement activities will be conducted by trained and accredited individuals in conformance with the Toxic Substances Control Act. Removes certain requirements for the promulgation by the Administrator of standards for asbestos removal contractors and the protection of school employees trained to carry out abatement activities. Requires the Administrator to report annually (until 1999) to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce on the loan and grant program under the Asbestos School Hazard Abatement Act of 1984. Authorizes appropriations for the asbestos abatement program for FY 1991 through 1995. Revises provisions concerning the allocation of appropriations. Permits up to five percent of appropriations to be reserved each fiscal year for the administration of asbestos abatement activities. Authorizes the Administrator to use up to five percent of such appropriations for grants to States for: (1) assisting local educational agencies in performing periodic reinspections and training activities; and (2) maintaining programs to accredit personnel performing asbestos inspections and response actions. Makes conforming amendments to provisions of the Asbestos Hazard Emergency Response Act of 1986 concerning the Asbestos Trust Fund.
Bill· HRH.R. 3684 (101st)open
United States · United States Congress · 16 November 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 under this section 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.
Bill· HRH.R. 3693 (101st)open
United States · United States Congress · 16 November 1989
Pollution Prevention Advancement Act - Directs the Administrator of the Environmental Protection Agency to provide for the conduct of research and development activities with respect to new or improved practices and technologies for pollution prevention. Requires at least 50 percent of the funds appropriated for such activities to be used for grants to universities or research institutions. Directs the Administrator to earmark a portion of such funds for participation in the Small Business Innovation Research Program. Requires the Administrator to report to the Congress on the impact of products on pollution prevention capabilities, including a list of 50 constituents that have adverse environmental or public health effects when recycled, discarded, incinerated, or treated before disposal and an identification of as many of the products containing such constituents as is practicable. Directs the Administrator to provide funding for projects demonstrating new pollution prevention practices and technologies to: (1) entities responsible for municipal solid waste disposal; and (2) public and private entities. Limits such grants to specified percentages of the total cost of a project. Sets forth criteria to be considered in the awarding of such grants. Requires the Administrator to evaluate such projects to determine the effectiveness and life-cycle costs of such technologies or practices and related social impacts. Directs the Administrator to establish a program of research grants to State and local governments that have solid waste prevention and recycling programs to enable such governments to evaluate the effectiveness of such programs. Requires such governments to report the results of such research to the Administrator. Limits the Federal share of the cost of such research to 50 percent of the total amount. Requires the Administrator to promote the use of, and provide technical assistance for, pollution prevention practices and technologies. Directs the Administrator to establish a Pollution Prevention Information Clearinghouse. Establishes priorities for the Administrator in undertaking pollution prevention research and development and demonstration activities with respect to hazardous and other wastes. Requires the Administrator to report annually to the Congress on the activities carried out under this Act. Authorizes and allocates appropriations.
Bill· SS. 1884 (101st)open
United States · United States Congress · 15 November 1989
National Recyclable Commodities Act of 1989 - Directs the Secretary of Commerce to establish a Bureau of Recyclable Commodities within the Department of Commerce to promote the use of recycled materials derived from municipal refuse. Requires the Secretary to gather and publish statistics on municipal refuse, pre-consumer refuse materials, specified types of materials contained in municipal refuse, and recycled materials. Provides for the annual updating of such statistics. Directs the Secretary to: (1) designate between six and ten multi-State regions for the purpose of regional data collection; and (2) collect and compile statistics for such regions. Requires the Secretary to revise the standard industrial classification system, as necessary, to facilitate the collection of statistics and other information on recycling and related activities. Requires the Secretary to identify and, to the extent practicable, standardize: (1) the types and grades of municipal refuse material covered under this Act that qualify as recyclable commodities; (2) the technical specifications applied to the use of recyclable commodities as raw materials or feedstocks for recycling; and (3) the test methods used in determining whether materials meet specifications that apply to each commodity. Provides for the periodic revisions of types and grades, as necessary. Authorizes the Secretary to assign municipal refuse materials to multiple types and grades. Requires the periodic revision of specifications and test methods to ensure continuing conformance to industry recycling standards. Directs the Secretary to establish an advisory panel to support the identification of specifications and test methods for recyclable commodities. Permits industries or local governments engaged in recycling activities to petition the Secretary for the revision of types, grades, specifications, or test methods to prevent or minimize interference with current recycling techniques. Requires the Secretary to issue a recycling advisory to potentially affected parties if a physical or chemical property or contaminant of a recyclable commodity is not adequately addressed by specifications or test methods and is interfering with: (1) current recycling techniques; (2) marketing of recycled goods manufactured from the commodity; or (3) handling of the recyclable commodity prior to recycling. Directs the Secretary to make reports available to the public, at least on a quarterly basis, on prevailing market prices for recyclable commodities. Requires the Secretary to make reports available to the public, at least annually, on: (1) the prevailing national recycling rate for each recyclable commodity; and (2) the technical and economic factors that may influence future foreign and domestic markets for recyclable commodities. Directs the Secretary to report to the Congress on the potential for expanded recycling of waste paper and paperboard, lead scrap, rubber scrap, plastic scrap, aluminium scrap, ferrous and nonferrous scrap, waste glass, and yard and food waste. Requires the Secretary to promulgate regulations requiring labeling on the recyclability and composition of nondurable goods. Sets deadlines for the promulgation of such regulations, requiring regulations for all covered items within four years of this Act's enactment. Directs the Secretary, when determining the type of label to be required on an item, to determine the recyclability of such item. Sets forth label requirements. Requires nonrecyclable items to bear a label stating that they are nonrecyclable by Federal standards. Authorizes the Secretary to establish an alternative label requirement if such alternative conveys information equivalent to labels required by this Act. Authorizes exemptions from labeling requirements if the Secretary determines that labeling will interfere with normal use or handling. Prohibits such exemption if the manufacturer's or distributor's trade name appears on the packaging, container, or nondurable good. Permits industries or local governments engaged in recycling activities to petition the Secretary for revisions of labeling requirements. Directs the Secretary to publish a standardized, national recyclability seal to further assist purchasers in identifying recyclable packaging, containers, and nondurable goods. Authorizes the Secretary, when a person is in violation of labeling requirements, to: (1) issue a recall order requiring the removal of the item from sale or distribution in commerce; or (2) commence a civil action against such person. Permits the assessment of civil penalties for noncompliance with an order. Requires the Secretary to promulgate regulations defining minimum content requirements for packaging, containers, or nondurable goods labeled as recycled. Directs the Secretary to issue and periodically revise guidelines for the use of procuring agencies in complying with this Act. Requires such guidelines to set forth information concerning the procurement of recycled items. Sets deadlines for the revision and issuance of guidelines for specified items. Requires the Secretary to establish standards for the level of recycled content in recycled paper and paperboard goods purchased by procuring agencies. Phases in minimum recycled content standards for such goods, requiring 50 percent of paper goods procured by Federal agencies to have a recycled content of at least 50 percent by 1992. Permits the Secretary to establish more stringent targets and schedules for the procurement of recycled paper goods. Authorizes the Secretary to establish minimum content standards for other items, as necessary. Requires procuring agencies which procure items designated in the guidelines to procure items composed of the highest percentage of recycled content practicable or which are in conformance with minimum content standards issued by the Secretary. Makes exceptions to such requirements if procurement items: (1) are not reasonably available within a reasonable period of time; (2) fail to meet performance standards set forth in specifications or standards of the procuring agencies; or (3) are only available at an unreasonable price. States that an unreasonable price is one which exceeds the price of alternative items by more than ten percent. Requires contracting offices at procuring agencies to require vendors to: (1) certify that the percentage of recycled content used in the contract will be at least the amount required by specifications or contractual requirements; and (2) estimate the percentage of the total material used in the contract which is recycled. Applies such requirements to contracts in which the purchase price of procurement items exceeds $10,000. Directs procuring agencies to develop affirmative procurement programs to assure that items composed of recycled materials will be purchased to the maximum extent practicable. Requires such agencies to: (1) adopt procedures equivalent to those specified in the guidelines and to set equivalent minimum content standards; and (2) maintain records on types, quantities, and percentages of items composed of recycled content which are purchased or contracted for by the agency and report such statistics annually to the Secretary. Requires the Secretary to report annually to the Congress on actions taken by Federal agencies to implement such procurement policies. Repeals a section of the Solid Waste Disposal Act concerning Federal procurement of recovered materials. Requires the Secretary to develop a program to promote the export of recyclable commodities for recycling by foreign industries. Directs the Secretary to make available to the public information identifying potential foreign buyers of recyclable commodities. Requires the Secretary to develop a program to promote the export of recycled goods produced in the United States. Directs the Secretary to integrate this program with existing programs promoting such exports. Requires the Secretary to publish and make available to the public statistics and information on recycling and related activities collected pursuant to this Act on a cost-reimbursable basis. Requires the Secretary to conduct a national advertising campaign that promotes recycling and the purchase of recycled goods. Authorizes the Secretary to publish recycling rates for specific refuse materials or recyclable commodities and for types of containers, packaging, or goods. Directs the Secretary to make grants to accredited institutions of higher education to establish at least four to six recycling research centers in the United States. Requires the Secretary to establish such centers equitably among the regions of the United States. Directs each center to carry out at least one project relating to research on the composting of yard waste, food waste, or waste paper and paperboard. Authorizes such centers, as necessary to conduct research, to enter into contracts with: (1) persons involved in recycling activities; (2) State and local governments; and (3) nonprofit private entities which are exempt from Federal taxation. Limits the Federal share of grants to 80 percent of the total cost of establishing and operating the research center. Prohibits the use of such grants for the acquisition of real property or for building construction. Requires at least 40 percent of the funds made available to each center to be allocated to projects performed jointly by the center and local governments with expertise in areas critical to such research. Sets forth grant selection criteria. Requires the Secretary to establish a program for the source separation and collection of materials contained in refuse from Federal agencies. Directs the Secretary to issue guidelines for such program. Requires Federal office facilities with more than 25 workers to carry out such programs. Provides for the retention by a Federal agency of any funds received from the sale of collected materials and any savings in refuse disposal costs resulting from the implementation of such programs. Authorizes the Secretary to conduct an independent technical assessment of any product specification or standard that may: (1) disfavor the use of a recyclable commodity as a substitute for comparable virgin feedstocks or raw materials in the manufacture of the product; and (2) have a substantial adverse impact on existing or potential markets for the recyclable commodity. Prohibits the Secretary from reviewing specifications or standards established by individual firms or persons. Requires the Secretary to publish and make available to the public the findings of the technical assessment. Permits industries or local governments engaged in recycling activities to petition for an independent technical assessment of any specification or standard. Requires the Secretary to establish an interagency working group to assist in the development of regulations and guidelines and the collection of information required by this Act. Sets forth provisions concerning citizen suits and judicial review of final regulations. Authorizes appropriations.
Bill· HRH.R. 3663 (101st)referred
United States · United States Congress · 15 November 1989
National Recyclable Commodities Act of 1989 - Title I: Department of Commerce Recycling Requirements - Directs the Secretary of Commerce to establish a Bureau of Recyclable Commodities within the Department of Commerce to promote the recycling of materials contained in municipal refuse. Requires the Secretary to gather and publish statistics on municipal refuse, pre-consumer refuse, specified types of materials contained in municipal refuse, and recycled materials. Provides for the annual updating of such statistics. Directs the Secretary to: (1) designate between six and ten multi-State regions for the purpose of regional data collection; and (2) collect and compile statistics for such regions. Requires the Secretary to revise the standard industrial classification system, as necessary, to facilitate the collection of statistics and other information on recycling and related activities. Requires the Secretary to identify and, to the extent practicable, standardize: (1) the types and grades of municipal refuse material covered under this Act that qualify as recyclable commodities; (2) the technical specifications applied to the use of recyclable commodities as raw materials or feedstocks for recycling; and (3) the test methods used in determining whether refuse materials meet specifications that apply to each commodity. Provides for the periodic revision of types and grades, as necessary. Authorizes the Secretary to assign municipal refuse materials to multiple types and grades. Requires the periodic revision of specifications and test methods to ensure continuing conformance to industry recycling standards. Directs the Secretary to establish an advisory panel to support the identification of specifications and test methods for recyclable commodities. Permits industries or local governments engaged in recycling activities to petition the Secretary for the revision of types, grades, specifications, or test methods to prevent or minimize interference with current recycling techniques. Requires the Secretary to issue a recycling advisory to potentially affected parties if a physical or chemical property or contaminant of a recyclable commodity is not adequately addressed by specifications or test methods and is interfering with: (1) current recycling techniques; (2) marketing of recycled goods manufactured from the commodity; or (3) handling of the recyclable commodity prior to recycling. Directs the Secretary to make reports available to the public, at least on a quarterly basis, on prevailing market prices for recyclable commodities. Requires the Secretary to make reports available to the public, at least annually, on: (1) the prevailing national recycling rate for each recyclable commodity; and (2) the technical and economic factors that may influence future foreign and domestic markets for recyclable commodities. Directs the Secretary to report to the Congress on the potential for expanded recycling of waste paper and paperboard, lead scrap, rubber scrap, plastic scrap, ferrous and nonferrous scrap, waste glass, and yard and food waste. Requires the Secretary to promulgate regulations requiring labeling on the recyclability and composition of packaging, containers, and nondurable goods. Sets deadlines for the promulgation of such regulations, requiring regulations for all covered items within four years of this Act's enactment. Directs the Secretary, when determining the type of label to be required on an item, to determine the recyclability of such item. Sets forth label requirements. Requires nonrecyclable items to bear a label stating that they are nonrecyclable by Federal standards. Authorizes the Secretary to establish an alternative label requirement if such alternative conveys information equivalent to labels required by this Act. Authorizes exemptions from labeling requirements if the Secretary determines that labeling will interfere with normal use or handling. Prohibits such exemptions if the manufacturer's or distributor's trade name appears on the packaging, container, or nondurable good. Requires the Secretary to review and, as necessary, revise labeling regulations. Permits industries or local governments engaged in recycling activities to petition the Secretary for revisions of regulations or labeling requirements. Directs the Secretary to publish a standardized, national recyclability seal to further assist purchasers in identifying recyclable packaging, containers, and nondurable goods. Authorizes the Secretary, when a person is in violation of labeling requirements, to: (1) issue a recall order requiring the removal of the item from sale or distribution in commerce; or (2) commence a civil action against such person. Permits the assessment of civil penalties for noncompliance with an order. Requires the Secretary to promulgate regulations defining minimum content requirements for packaging, containers, or nondurable goods labeled as recycled. Directs the Secretary to issue and periodically revise guidelines for the use of procuring agencies in complying with this Act. Requires such guidelines to set forth information concerning the procurement of recycled items. Sets deadlines for the revision and issuance of guidelines for specified items. Requires the Secretary to establish standards for the level of recycled content in recycled paper and paperboard goods purchased by procuring agencies. Phases in minimum recycled content standards for such goods, requiring 50 percent of paper goods procured by Federal agencies to have a recycled content of at least 50 percent by 1992. Permits the Secretary to establish more stringent targets and schedules for the procurement of recycled paper goods. Authorizes the Secretary to establish minimum content standards for other items, as necessary. Requires procuring agencies which procure items designated in the guidelines to procure items composed of the highest percentage of recycled content practicable or which are in conformance with minimum content standards issued by the Secretary. Makes exceptions to such requirements if procurement items: (1) are not reasonably available within a reasonable period of time; (2) fail to meet performance standards set forth in specifications or standards of the procuring agencies; or (3) are only available at an unreasonable price. States that an unreasonable price is one which exceeds the price of alternative items by more than ten percent. Requires contracting offices at procuring agencies to require vendors to: (1) certify that the percentage of recycled content used in the contract will be at least the amount required by specifications or contractual requirements; and (2) estimate the percentage of the total material used in the contract which is recycled. Applies such requirements to contracts in which the purchase price of procurement items exceeds $10,000. Directs procuring agencies to develop affirmative procurement programs to assure that items composed of recycled content will be purchased to the maximum extent practicable. Requires such agencies to: (1) adopt procedures equivalent to those specified in the guidelines and to set equivalent minimum content standards; and (2) maintain records on types, quantities, and percentages of items composed of recycled content which are purchased or contracted for by the agency and report such statistics annually to the Secretary. Requires the Secretary to report annually to the Congress on actions taken by Federal agencies to implement such procurement policies. Repeals a section of the Solid Waste Disposal Act concerning Federal procurement of recovered materials. Directs the Secretary to review and, if necessary, revise guidelines issued by the Administrator of the Environmental Protection Agency after November 8, 1984, pursuant to Federal procurement provisions of the Solid Waste Disposal Act. Requires the Secretary to develop a program to promote the export of recyclable commodities for recycling by foreign industries. Directs the Secretary to make available to the public information identifying potential foreign buyers of recyclable commodities. Requires the Secretary to develop a program to promote the export of recycled goods produced in the United States. Directs the Secretary to integrate this program with existing programs promoting such exports. Requires the Secretary to make available to the public statistics and information on: (1) recycling techniques employed by foreign industries; (2) available export markets for recyclable commodities; (3) specifications and test methods employed by foreign industries to assess commodity quality; (4) prevailing prices in foreign markets for recyclable commodities; and (5) other information on export markets. Directs the Secretary to establish a national recycling clearinghouse through which all statistics and other information on recycling and related activities shall be made available to the public. Requires the Secretary to conduct a national advertising campaign to promote recycling and the purchase of recycled goods. Prohibits the Secretary from endorsing specific products or trade names. Authorizes the Secretary to publish recycling rates for specific refuse materials or recyclable commodities and for types of containers, packaging, or goods. Directs the Secretary to make grants to accredited institutions of higher education to establish at least four to six recycling research centers in the United States. Requires the Secretary to establish such centers equitably among the regions of the United States. Directs each center to carry out at least one project relating to research on the composting of yard waste, food waste, or waste paper and paperboard. Authorizes such centers, as necessary to conduct research, to enter into contracts with: (1) persons involved in recycling activities; (2) State and local governments; and (3) nonprofit private entities which are exempt from Federal taxation. Limits the Federal share of grants to 80 percent of the total cost of establishing and operating the research center. Prohibits the use of such grants for the acquisition of real property or for building construction. Requires at least 40 percent of the funds made available to each center to be allocated to projects performed jointly by the center and local governments with expertise in areas critical to such research. Sets forth grant selection criteria. Requires the Secretary to establish a program for the source separation and collection of materials contained in refuse from Federal agencies. Directs the Secretary to issue guidelines for such program. Requires Federal office facilities with more than 25 workers to carry out such programs. Provides for the retention by a Federal agency of any funds received from the sale of collected materials and any savings in refuse disposal costs resulting from the implementation of such programs. Authorizes the Secretary to conduct an independent technical assessment of any product specification or standard that may: (1) disfavor the use of a recyclable commodity as a substitute for comparable virgin feedstocks or raw materials in the manufacture of the product; and (2) have a substantial adverse impact on existing or potential markets for the recyclable commodity. Prohibits the Secretary from reviewing specifications or standards established by individual firms or persons. Requires the Secretary to publish and make available to the public the findings of the technical assessment. Permits industries or local governments engaged in recycling activities to petition for an independent technical assessment of any specification or standard. Requires the Secretary to establish an interagency working group to assist in the development of regulations and guidelines and the collection of information required by this Act. Sets forth provisions concerning citizen suits and judicial review of final regulations. Authorizes appropriations. Repeals a section of the Solid Waste Disposal Act concerning resource and recovery functions of the Secretary. Title II: Tax Incentives for Certain Recycling and Remanufacturing Facilities - Amends the Internal Revenue Code to treat qualified recycling facilities as solid waste disposal facilities under tax exempt bond rules. Exempts qualified government-owned recycling facilities from a volume cap. Allows an investment tax credit of 15 percent of the qualified investment for remanufacturing equipment. Provides that such equipment shall cease to be section 38 property when it ceases to be qualified remanufacturing property.
Bill· HRH.R. 3658 (101st)referred
United States · United States Congress · 14 November 1989
Environmental Assurance Act of 1989 - Directs the Secretary of Commerce to conduct a study on possible roles of the Federal Government in transfers of real property. Requires such study to: (1) take into account the effect of Federal, State, and local environmental liability statutes and regulations on such transfers; (2) explore the role of environmental liability insurance in such transfers and in environmental remediation; and (3) assess the long-term financial and health effects of environmental impairment and the types of insurance that can best protect against environmental impairment and contribute to remediation efforts. Directs the Secretary to report to the Congress on such study and to include recommendations for ensuring the soundness of the environmental liability financial assurance market and encouraging the development of practices for real estate transfers that ensure the complete remediation of environmental hazards.
Bill· HRH.R. 3643 (101st)open
United States · United States Congress · 13 November 1989
Amends the National Environmental Policy Act of 1969 to require the Council on Environmental Quality to promulgate regulations governing the implementation of such Act by Federal agencies, to include requirements for notification procedures for, and public review and cost-effective preparation and dissemination of, environmental impact statements.
Bill· SS. 1861 (101st)referred
United States · United States Congress · 9 November 1989
Toxic Pollution Detection Act of 1989 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to promulgate regulations for the detection of releases into the environment and the workplace of covered substances which may present a risk to human health or the environment. Defines "covered substances" as extremely hazardous substances, hazardous chemicals, or toxic chemicals listed under the Emergency Planning and Community Right-to-Know Act of 1986 and hazardous pollutants listed under the Clean Air Act. Authorizes the Administrator or a State to make additional facilities subject to detection requirements after public notice and comment. Provides for continuous monitoring of all devices and systems, storage facilities, and transfer points in which covered substances are present. Requires owners and operators of facilities subject to such requirements to audit such facilities to determine the locations of such systems, storage facilities, and transfer points. Directs owners and operators to certify compliance to the State and the Administrator. Requires monitoring reports to be filed annually with the State, the Administrator, the State Emergency Response Committee, and the local emergency planning committee. Directs (current law authorizes) the Administrator to make owners or operators of emissions sources subject to recordkeeping, reporting, and monitoring requirements.
Bill· HRH.R. 3615 (101st)referred
United States · United States Congress · 8 November 1989
Medical Waste Treatment Amendments of 1989 - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to regulate the treatment of medical waste by: (1) specifying procedures and standards for rendering infectious components of such waste noninfectious; or (2) regulating medical waste as a hazardous waste under such Act. Requires generators of medical waste who produce more than 50 pounds of such waste per month to render all infectious components of such waste noninfectious before the waste leaves the site of production. Prescribes civil and criminal penalties for violations of this Act.
Bill· SS. 1837 (101st)open
United States · United States Congress · 3 November 1989
Desert Research Center Act of 1989 - Directs the Secretary of the Interior to establish and administer a Desert Research Center in New Mexico to: (1) serve as a clearinghouse for the collection of research related to desert lands managed by the Bureau of Land Management (BLM); (2) produce educational materials for public understanding of desert ecology, management, and environmental issues; (3) assist students and researchers as an educational laboratory; and (4) provide for an evaluation of desert resources, protection needs, and efficient and environmentally sound long-term management strategies for desert resources. Specifies that research at the Center shall be directed primarily toward desert lands managed by BLM, but authorizes the Secretary to enter into cooperative agreements with others to carry out the purposes of this Act. Requires submission to the Congress of an operational plan for the Center, including: (1) a research plan; (2) an assessment of staffing needs for the first five years of operation; (3) proposed cooperative agreements; (4) an assessment of facility needs; and (5) an analysis of operational costs. Directs the Secretary to form a Desert Research Center Advisory Committee to advise the Center and the BLM on desert land research and management. Authorizes appropriations.
Bill· HRH.R. 3577 (101st)referred
United States · United States Congress · 2 November 1989
Solid and Liquid Waste Transportation Act of 1989 - Amends the Solid Waste Disposal Act to prohibit the transport for disposal of solid or liquid waste in excess of 100 pounds from one State to another, or the disposal of such quantity of waste in any State other than that in which the waste was generated, without the consent of the State in which such waste is to be disposed. Sets penalties for violations of this Act.
Bill· HJRESH.J.Res. 431 (101st)referred
United States · United States Congress · 2 November 1989
Declares that it is the policy of the United States to recognize Brazil's sovereign authority in the Amazon and that the United States should adopt a policy to encourage and support conservation efforts initiated by Brazil to protect the Amazon forest. Declares that the United States should redouble its efforts to address development within its own borders in an environmentally sound and sustainable manner.
Bill· HRH.R. 3574 (101st)referred
United States · United States Congress · 1 November 1989
Agriculture and Ground Water Policy Coordination Act - Title I: Ground Water Policy in the Department of Agriculture - Sets forth the groundwater policy of the Department of Agriculture (the Department) with respect to agrichemicals. Establishes the Office of Ground Water Policy Coordination (the Office) in the Department. Sets forth the duties of the Director of the Office (the Director). Establishes an interagency committee on groundwater policy in the Department. Requires the Director to establish technical advisory committees, as necessary. Requires the Director to formalize the existence of certain technical integration groups. Authorizes the Director to establish interagency technical support committees. Provides for the development and implementation of agricultural groundwater policy within the Department, including an agency-specific groundwater policy statement and implementation plan, a national agricultural groundwater plan, and an annual groundwater activities report. Authorizes appropriations. Title II: Coordination with State Programs - Directs the Secretary of Agriculture (the Secretary) to require the establishment of State groundwater coordinator committees (the committees) within the food and agricultural councils. Directs the Secretary to establish, through the Extension Service, a groundwater supply quality coordinator (the coordinator) in each State extension service. Directs each State committee and coordinator to work with Federal, State, and other appropriate entities to: (1) evaluate the State's groundwater plan's adequacy in addressing agricultural sources of nonpoint source pollutants; (2) review the relevance of certain water quality protection projects to groundwater protection programs; (3) assess the identification and mapping of hydrologic units; and (4) assess the adequacy of the State's programs for addressing agricultural sources of groundwater contamination. Authorizes appropriations. Title III: Extension and Education - Directs the Secretary, in consultation with the Administrator of the Environmental Protection Agency (EPA), to establish in or through the Extension Service national education programs on: (1) pesticides; (2) the use of plant nutrient materials; and (3) the management of water resources. Directs the Secretary, through the Extension Service and the Office, to establish a national training program for: (1) the groundwater quality coordinators; and (2) appropriate field office and Department personnel on groundwater protection. Directs the Secretary to establish in the Extension Service a national well water testing program. Authorizes appropriations. Title IV: Soil Conservation Service - Requires the Soil Conservation Service (SCS) to protect and improve groundwater quality through specified activities. Authorizes appropriations. Title V: Research - Directs the Secretary, through Department agencies and the Director, to conduct or assist research on specified topics relating to agriculture and groundwater. Requires each State coordinator to request representative Federal, State, and university scientists to work with the State committee and coordinator to establish a prioritized agriculture and groundwater research agenda for the State. Provides for coordination of such State agendas in establishing a prioritized research agenda for regional projects. Requires the Director to use regional reports in establishing a national agricultural groundwater plan, developing funding priorities in Department water quality research programs, and requesting certain research proposals. Authorizes appropriations. Title VI: National Agricultural and Ground Water Clearinghouse - Directs the Secretary, through the Director of the National Agricultural Library (the Library), to establish at the Library a repository of reports developed under this Act. Requires the Secretary, through the Director of the Library and in consultation with the Tennessee Valley Authority, to establish at the Library a data base on State programs and State laws relating to groundwater quality and agriculture. Requires the Director of the Library to collaborate with the Director of the Office, State coordinators, and Department agency administrators to develop a standardized format for the entry and description of State programs, activities, and results. Requires the Director of the Office to report to the Congress on measures necessary to develop a national data base on agricultural practices and groundwater resources to be located at the Library. Directs the Secretary, after the submission of such report to initiate the development of such data base. Authorizes appropriations.
Resolution· SRESS.Res. 200 (101st)open
United States · United States Congress · 31 October 1989
Urges the President to use the upcoming meeting of environmental ministers in the Netherlands to: (1) announce the U.S. support for, and intention to host, an international meeting to begin negotiations on a framework convention on climate change in 1990; (2) set a target date for the completion of such convention by March 1991; and (3) announce a U.S. commitment to reduce emissions of greenhouse gases in conjunction with other industrialized countries.
Bill· HRH.R. 3527 (101st)referred
United States · United States Congress · 25 October 1989
Establishes within the Department of Energy an Office for Environment, Safety, and Health, to be headed by an Assistant Secretary assisted by a Chief Environment Officer, a Chief Safety Officer, and a Chief Health Officer. Outlines the Assistant Secretary's functions, including: (1) establishing a coordinated Departmental policy on environment, safety, and health issues; (2) reviewing Departmental procedures regarding such policy issues; (3) acquiring updated information through technical liaison with experts in nuclear facilities safety and health; and (4) reporting to the Congress regarding such coordinated Departmental policy.
Bill· HRH.R. 3515 (101st)referred
United States · United States Congress · 24 October 1989
Airspace Protection Act of 1989 - Requires the Secretary of Defense to provide written notice on any proposed designation of special use airspace to: (1) the Governor of any State over which airspace is sought to be designated as special use airspace; (2) the head of an Indian tribe on any Indian lands which are likely to be affected by such designation; and (3) the Secretary of the Interior, if such designation includes airspace above any national park, national wildlife refuge, national wild and scenic river, national trail, or national wilderness administered by the Department of the Interior. Directs the Secretary of Defense, upon the request of any Governor, to hold a public meeting and consider comments prior to making a determination with respect to such designation. Requires the Administrator of the Federal Aviation Administration to adopt procedures for assuring that such designations comply with the National Environmental Policy Act of 1969 and for the triennial review of each designation. Provides for the termination or modification of any designation if determined that the use of such airspace cannot justify the continued designation of special use airspace.
Bill· HRH.R. 3503 (101st)referred
United States · United States Congress · 19 October 1989
Ocean Dumping Enforcement Improvement Act of 1989 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA) to prohibit unauthorized ocean dumping in the Exclusive Economic Zone. Makes technical amendments to provisions concerning prohibited acts and permits. Authorizes the Administrator of the Environmental Protection Agency to promulgate regulations prohibiting the issuance of permits for dumping of material which is not in compliance with criteria relating to the effects of dumping on the marine environment. Requires ocean dumping permits to contain recordkeeping and reporting requirements. Directs persons in charge of vessels and other sources governed under MPRSA to notify the National Response Center as soon as they have knowledge of any unauthorized ocean dumping. Authorizes the Administrator to exempt certain quantities or categories of material from such notification requirement. Revises and expands the scope of administrative penalties for violations of MPRSA. Authorizes the Administrator, the Secretary of the Army, or the Secretary of the department in which the Coast Guard is operating to: (1) obtain information from any person who may have information concerning material dumped or to be dumped into ocean waters after being transported from the United States; (2) enter any location where such material is or was stored; and (3) inspect and obtain samples of such material from such location. Makes such information available to the public (with the exception of trade secrets). Prescribes penalties for disclosures of confidential information. Prescribes fines pursuant to the Federal criminal code and up to one year of imprisonment, or both, for negligent violations of MPRSA. Doubles the maximum punishment for subsequent negligent or knowing violations. Revises and expands the scope of penalties for knowing violations of MPRSA. Authorizes the seizure and forfeiture to the United States of any property or money obtained as a result of such violations. Makes persons who violate MPRSA and knowingly place another person in imminent danger of death or serious bodily injury subject to fines under the Federal criminal code and up to 15 years of imprisonment, or both. Subjects organizations convicted of such violations to fines of up to $1,000,000. Doubles the maximum punishment for subsequent violations. Prescribes fines under the Federal criminal code and up to two years of imprisonment, or both, for false statements under MPRSA. Sets civil penalties of up to $250,000 per violation of such Act. Makes vessels used in violations of such Act liable in rem for administrative and judicial penalties. Provides that such penalties shall constitute maritime liens. Authorizes the Administrator or the Secretary of the Treasury to pay awards of up to $10,000 for information leading to findings of liability, civil judgments, criminal convictions, or forfeitures of property with respect to violations of MPRSA. Permits the Administrator to request the Attorney General to bring suit for expedited relief from any person alleged to be dumping material which may create an imminent danger to human health or the environment. Authorizes the Administrator to issue orders to protect human health or the environment affected by such dumping. Subjects persons in willful violation of such orders to fines of up to $25,000 per day of noncompliance. Prohibits Federal agencies from entering into procurement or assistance agreements with persons convicted of criminal offenses under MPRSA. Authorizes the President to make exemptions to such prohibition if paramount to the U.S. interest. Requires the President to notify the Congress of such exemptions. Sets forth procedures for the review of regulations and permit issuances or denials under such Act.
Bill· SS. 1763 (101st)referred
United States · United States Congress · 17 October 1989
Newsprint Recycling Incentives Act of 1989 - Amends the Solid Waste Disposal Act to require producers or importers of newsprint to recycle, through methods specified under this Act, an amount of newsprint equal to at least the amount determined by multiplying the amount of newsprint produced or imported annually by such individuals by the recycling percentage established by the Administrator of the Environmental Protection Agency (EPA). Authorizes such individuals to comply with this Act by: (1) recycling (through deinking) newsprint; (2) purchasing recycled newsprint to combine with shipments of virgin newsprint; or (3) purchasing recycling credits under this Act. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for newsprint. Provides for increases in such percentage of two points annually until 1999. Requires the Administrator to promulgate regulations to allow newsprint producers or importers to create or purchase recycling credits. Provides that such regulations shall require: (1) producers and importers to keep specified records; (2) producers of recycled newsprint to notify EPA of capacity to recycle old newsprint; (3) importers of recycled newsprint to have certifications from the trade representative of the country shipping such newsprint to the United States; and (4) producers and importers to report to EPA on the amount of recycled newsprint produced or imported annually and the number of credits purchased from, or sold to, other producers or importers. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the newsprint and newspaper industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who produce or import more than ten tons of newsprint annually. Sets the recycling percentage at 20 percent if the Administrator fails to promulgate such regulations. Prescribes civil penalties for violations of this Act. Authorizes appropriations.
Bill· SS. 1764 (101st)referred
United States · United States Congress · 17 October 1989
Newsprint Recycling Act of 1989 - Directs the Administrator of the Environmental Protection Agency to establish a program to require consumers of newsprint to use a certain percentage of recycled paper in printing or publishing operations. Defines "consumer" as a person who uses 1000 tons or more annually of newsprint in a commercial printing or publishing operation. Provides for graduated increases in such percentage, to require at least 40 percent of the newsprint used by consumers in the year 2000 to be recycled newsprint. Requires the Administrator to report to the Congress, prior to 1999, on whether the recycling program should be modified or expanded. Directs the Administrator to establish regulations to allow newsprint consumers to purchase or sell credits to meet the requirements of this Act. Requires consumers to maintain and make available to the Administrator certain records and to report annually to the Administrator on the amount of newsprint and recycled newsprint used and the number of credits purchased and sold. Prohibits the use of such credits, from 2004 through 2009, unless a specified percentage of the newsprint used by the consumer is recycled. Terminates the use of such credits after 2009. Directs the Administrator to require consumers owning more than one commercial printing or publishing operation to consider such operations as a single operation for purposes of this Act. Prescribes civil penalties for violations of this Act. Authorizes appropriations.
Bill· HRH.R. 3483 (101st)referred
United States · United States Congress · 17 October 1989
Newsprint Recycling Incentives Act of 1989 - Amends the Solid Waste Disposal Act to require producers or importers of newsprint to recycle, through methods specified under this Act, an amount of newsprint equal to at least the amount determined by multiplying the amount of newsprint produced or imported annually by such individuals by the recycling percentage established by the Administrator of the Environmental Protection Agency (EPA). Authorizes such individuals to comply with this Act by: (1) recycling (through deinking) newsprint; (2) purchasing recycled newsprint to combine with shipments of virgin newsprint; or (3) purchasing recycling credits under this Act. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for newsprint. Provides for increases in such percentage of two points annually until 1999. Requires the Administrator to promulgate regulations to allow newsprint producers or importers to create or purchase recycling credits. Provides that such regulations shall require: (1) producers and importers to keep specified records; (2) producers of recycled newsprint to notify EPA of capacity to recycle old newsprint; (3) importers of recycled newsprint to notify the U.S. Customs Service of the amount of newsprint being imported and to have certifications of the accuracy of such amount from the trade representative of the country shipping such newsprint to the United States; and (4) producers and importers to report to the Administrator on the amount of recycled newsprint produced or imported annually and the number of credits purchased from, or sold to, other producers or importers. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the newsprint and newspaper industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated report to be submitted with ten years of this Act's enactment. Applies recycling requirements to persons who produce or import more than ten tons of newsprint annually. Sets the recycling percentage at 20 percent if the Administrator fails to promulgate such regulations. Prescribes civil penalties for violations of this Act. Authorizes appropriations.
Bill· SS. 1754 (101st)referred
United States · United States Congress · 13 October 1989
Solid Waste Disposal Act Amendments Act of 1989 - Amends the Solid Waste Disposal Act to outline requirements for State solid waste disposal plans. Directs each State to certify to the Administrator of the Environmental Protection Agency that it will have adequate capacity to manage all solid waste generated in such State for the next 20 years. Requires the Secretary of Transportation to withhold 20 percent of certain funds from each State which: (1) does not have an approved plan or fails to submit such certification; or (2) fails to manage solid waste in accordance with such plan or certification. Raises the percentage of the amount to be withheld for each subsequent year of noncompliance with such plan or certification. Considers a State which is required to transport over 20 percent of its solid waste annually to another State to have failed to manage such waste in accordance with a plan and certification. Makes it unlawful for any State to transport waste in interstate or foreign commerce unless such waste is transported under a written agreement with another State under which such State agrees to accept such waste. Authorizes the Administrator to assess civil penalties or commence civil actions for unlawful transportation of waste. Permits two or more States to enter into agreements or compacts for cooperative efforts and mutual assistance for the management of solid waste. Grants congressional approval to such compacts. Makes the Interstate Commerce Commission responsible for investigating and reviewing interstate operations and agreements involving the transportation, treatment, and disposition of solid waste. Prohibits any sanitary landfill from being established within: (1) a 50 year floodplain; (2) a wetland; or (3) two miles of a State or national park, forest, wild and scenic river, or river study boundary. Requires landfills sited under the Solid Waste Disposal Act to: (1) have methods to detect and prevent leakage or contamination of soils and waters; (2) show financial responsibility capabilities for damages resulting from operations; (3) have appropriate requirements for source separation and recycling prior to disposal; and (4) have appropriate requirements for closure and postclosure care.
Bill· HRH.R. 3463 (101st)referred
United States · United States Congress · 12 October 1989
Requires each Federal instrumentality to: (1) implement a program for recycling glass bottles, aluminum cans, paper, and plastics that are disposed of in the operation of the Government; and (2) procure goods composed of recycled materials unless the price of such goods exceeds by more than ten percent the price of alternative products.
Bill· HRH.R. 3431 (101st)referred
United States · United States Congress · 10 October 1989
Amends the Federal Water Pollution Control Act to authorize a State to obligate any remaining Federal water pollution control funds for certain projects in such State if progress toward achieving municipal compliance goals and deadlines of such Act is maintained.
Bill· SS. 1731 (101st)open
United States · United States Congress · 5 October 1989
Title I: Coastal Wetlands Conservation and Restoration - Coastal Wetlands Planning, Protection and Restoration Act - Subtitle A: Priority Projects for Louisiana Coastal Wetlands - Requires the Secretary of the Army to prepare a list of coastal wetlands restoration projects in Louisiana in order of priority based on the cost-effectiveness of such projects in creating, restoring, or protecting wetlands, taking into account the quality of such wetlands. Provides that such list shall only include restoration projects that can be substantially completed in an initial five year period. Requires the Secretary of the Treasury to make funds available from the Wetlands Trust Fund for preliminary studies of such projects. Directs the Secretary of the Army to transmit the list annually to the Congress. Deems ecological, aesthetic, cultural, and economic benefits to exceed the cost of any project which contributes significantly to wetlands restoration. Allocates funding for such projects based on a project's priority. Authorizes and directs the Secretary of the Treasury to make limited Fund monies available for Federal agencies for such projects. Limits the Federal share to 80 percent of the total cost of a project. Raises such limit for States with approved coastal wetlands conservation plans. Sets forth forms of State shares of such projects. Directs the Secretary of the Army to prepare a plan to identify priority coastal restoration projects in Louisiana. Requires such plan to coordinate projects to ensure long-term conservation of Louisiana wetlands. Directs the Secretary to: (1) submit such plan to the Congress and the State Governor; and (2) submit a triennial scientific evaluation of the effectiveness of such projects to the Congress. Subtitle B: Louisiana Coastal Wetlands Conservation Planning - Requires the Secretary and the Administrator of the Environmental Protection Agency (EPA), with the Governor of Louisiana if the Governor agrees, to enter into an agreement to: (1) set forth a process by which the State of Louisiana agrees to develop a Coastal Wetlands Conservation Plan; and (2) designate a State agency to develop and submit such Plan to the Administrator and the Secretary for approval. Directs the Secretary of the Treasury to make grants to assist the agency in developing the Plan. Requires the Secretary of the Army and the Administrator to provide technical assistance to the State for such Plan. Sets forth a goal for such Plan of no net loss of wetlands. Outlines the elements of the Plan. Provides for approval of the Plan if: (1) the State has adequate authority to implement the Plan; and (2) the Plan is adequate to attain the goal of no net loss of wetlands and is in compliance with this Act. Sets forth modification procedures in the case of noncompliance. Requires the Governor to report annually to the Secretary and the Administrator on the progress in carrying out the Plan. Directs the Secretary and the Administrator to report biennially to the Congress on such Plan. Subtitle C: Coastal Wetlands Conservation Grants - Authorizes and directs the Secretary of the Treasury to make available a specified amount from the Wetlands Fund for use by the Secretary of the Interior in making matching grants to States for coastal wetlands restoration projects. Requires the Secretary of the Interior, in making such grants, to give priority to projects that are: (1) in areas likely to be affected by offshore oil or gas exploration, development, or production activities; (2) in coastal States that have established dedicated funding for programs to acquire coastal wetlands, natural areas, and open spaces; and (3) consistent with the National Wetlands Priority Conservation Plan developed under the Emergency Wetlands Resources Act. Subjects the provision of such grants to conditions that will ensure that real property interests acquired, enhanced, or restored with such moneys will be administered for the long-term conservation of lands, waters, and fish and wildlife. Limits such grants to 50 percent of the total cost of a project, except in cases where a State has established a trust fund. Authorizes the Secretary of the Interior to: (1) make progress payments on wetlands conservation projects; and (2) enter into agreements to make payments on initial portions of such projects, subject to the availability of Federal funds. Makes available a specified amount for FY 1991 for wetlands assessment in the State of Texas. Title II: North American Wetlands Conservation - North American Wetlands Conservation Act - Establishes a North American Wetlands Conservation Council. Sets forth elements to be considered by the Council in making recommendations for wetlands conservation projects. Requires the Council to submit annual descriptions to the Secretary of the Interior and the appropriate congressional committees of projects recommended for Federal funding. Directs the Secretary to make funds available for such projects in the order of priority recommended by the Council unless he determines that such projects should not receive funding or that the order of priority should be modified. Requires the Secretary to report annually to the appropriate congressional committees on approved projects. Directs the Secretary to carry out such projects with funding available under this Act. Requires lands, waters, or other interests acquired by the Secretary to carry out such projects to be included in the National Wildlife Refuge System. Authorizes the Secretary, in lieu of including acquired lands, waters, or interests in the National Wildlife Refuge System, to grant funds or convey any acquired real property interest to States or public or private entities. Provides for the reversion of acquired interests to the United States if a State or public or private entity fails to manage such interests in accordance with this Act. Subjects such conveyances to the same conditions applicable to the provision of State coastal wetlands conservation grants. Directs the Secretary to grant funds to public and other entities for carrying out wetlands conservation projects in Canada and Mexico. Subjects the granting of such funds to the same conditions applicable to the provision of State coastal wetlands conservation grants. Amends the Federal Aid in Wildlife Restoration Act to require the Secretary of the Treasury to invest in interest-bearing obligations such portion of the wildlife restoration fund not required for the current year's withdrawals. Sets forth authorized investment activities and the required use of interest held on obligations in such fund. Excludes such interest from revenues to be deducted for administrative expenses. Authorizes additional appropriations. Allocates funds made available under this Act and the Federal Aid in Wildlife Restoration Act. Limits the Federal contribution to wetlands conservation projects to 50 percent of the total cost for projects in the United States. Authorizes the Secretary of the Interior to: (1) make progress payments to wetlands conservation projects; and (2) enter into agreements to make payments on initial portions of such projects, subject to the availability of Federal funds. Prohibits the use of moneys allocated under this Act for acquiring lands for inclusion in the National Wildlife Refuge System, unless there is appropriated under the Refuge Revenue Sharing Act for such fiscal year an amount equal to the difference between the total amount of net receipts and the aggregate amount of payments to be made to counties. Requires the head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters to cooperate with the Director of the U.S. Fish and Wildlife Service to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds, fish, and wildlife within such lands and waters. Directs such agencies, in the consideration of land disposal alternatives, to give priority to transfers of property for conservation purposes. Requires the Secretary to report biennially to the appropriate congressional committees on: (1) the estimated number of wetland acres and habitats in the United States, Canada, and Mexico that were restored, protected, or enhanced for migratory birds during such two-year period; (2) trends in the population size and distribution of North American migratory birds; and (3) the status of efforts to establish international migratory bird protection agreements. Directs the Secretary to report annually to such committees on the status of wetlands conservation projects and expenditures. Requires the Secretary, in 1991 and quinquennially thereafter, to revise the North American Waterfowl Management Plan with appropriate Canadian officials. Provides that the appropriate officials in Mexico shall be invited to participate in any Plan revision. Prohibits funds made available under this Act and the Federal Aid in Wildlife Restoration Act from being used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act or the Water Resources Development Act of 1986. Amends the Migratory Bird Treaty Act to make it unlawful to take, kill, or possess migratory birds covered under a 1976 convention between the United States and the Soviet Union. Requires the Secretary to undertake to establish migratory bird protection agreements with appropriate Western Hemisphere nations. Amends the Fish and Wildlife Conservation Act to require the Secretary to identify lands and waters in the United States and other Western Hemisphere nations whose protection, management, or acquisition will foster the conservation of migratory nongame birds. Title III: General Provisions - Authorizes the U.S. Army Chief of Engineers to carry out projects for the protection, restoration, and creation of vegetated wetlands. Requires the Chief of Engineers to give such projects equal consideration with projects relating to navigation and flood control. Authorizes and directs the Secretary to study the feasibility of modifying the operation of existing navigation and flood control projects to allow for an increase in the share of Mississippi River flows and sediment sent down the Atchafalaya River for purposes of land building and wetlands nourishment.
Bill· HJRESH.J.Res. 418 (101st)open
United States · United States Congress · 5 October 1989
Declares that: (1) Antarctica is a global ecological commons and should be managed under a new agreement among the Antarctic Treaty Consultative Parties or a protocol to the Convention on the Regulation of Antarctic Mineral Resource Activities which should for an indefinite period establish Antarctica as a region closed to commercial minerals development and related activities; (2) under such new agreement, information about minerals or other resources in Antarctica should be obtained under strictly controlled arrangements and should be openly shared in the international scientific community; (3) the Convention is not adequate to protect the environment of Antarctica and could stimulate commercial exploitation; (4) pending the negotiations and entry into force of a new agreement or protocol ensuring the full protection of Antarctica as a global ecological commons, the President should not present the Convention to the Senate for advice and consent to ratification; (5) the United States should support the interim measures presently in force among nations signatory to the Convention; and (6) the negotiation of such a new agreement or protocol should be a major item on the agenda of the pending XV Antarctic Treaty Consultative meeting opening on October 9, 1989.
Bill· HRH.R. 3409 (101st)open
United States · United States Congress · 4 October 1989
Global Environmental Standards Reporting Act - Directs the Environmental Protection Agency to report annually to the Congress on: (1) environmental laws in major trading countries, including members of the Organization for Economic Cooperation and Development, Brazil, Mexico, South Korea, and Taiwan; (2) progress in compliance with such laws in such countries and the United States; and (3) governmental financial assistance, including tax incentives, grants, and low interest loans to industry to achieve compliance with such laws.
Bill· HJRESH.J.Res. 415 (101st)open
United States · United States Congress · 4 October 1989
Declares that: (1) Antarctica is a global ecological commons and should be managed under a new agreement among the Antarctic Treaty Consultative Parties or a protocol to the Convention on the Regulation of Antarctic Mineral Resource Activities which should for an indefinite period establish Antarctica as a region closed to commercial minerals development and related activities; (2) under such new agreement, information about minerals or other resources in Antarctica should be obtained under strictly controlled arrangements and should be openly shared in the international scientific community; (3) the Convention is not adequate to protect the environment of Antarctica and could stimulate commercial exploitation; (4) pending the negotiations and entry into force of a new agreement or protocol ensuring the full protection of Antarctica as a global ecological commons, the President should not present the Convention to the Senate for advice and consent to ratification; (5) the United States should support the interim measures presently in force among nations signatory to the Convention; and (6) the negotiation of such a new agreement or protocol should be a major item on the agenda of the pending XV Antarctic Treaty Consultative meeting opening on October 9, 1989.
Bill· SS. 1722 (101st)referred
United States · United States Congress · 3 October 1989
Long Island Sound Improvement Act of 1989 - Directs the Administrator of the Environmental Protection Agency (EPA) to extend a certain management conference for Long Island Sound until September 30, 1998. Establishes a policy committee within such conference. Amends the Federal Water Pollution Control Act to establish within EPA a Long Island Sound Office. Establishes within the Office a Long Island Sound Office Advisory Committee. Requires the Director of the Office, through the Committee, to convene conferences for legislators from State governments and political subdivisions to coordinate legislative efforts to facilitate the environmental restoration of the Sound and the implementation of the conservation and management plan. Directs the Director to collect and make available to the public information relating to the environmental quality of the Sound. Authorizes the Director to provide technical assistance and the use of EPA facilities to the Citizens Advisory Committee of the Long Island Sound Study. Provides for the coordination of Federal programs with respect to the Sound. Requires the Director, acting through the Committee, to study and report to the appropriate congressional committees on oil spill preparedness and Federal oil spill contingency plans for oil spills in the Sound. Directs the Director to solicit quarterly reports from regional EPA offices with jurisdiction in the Sound on environmental enforcement issues with respect to the Sound. Requires the Director to designate an Office staff member as Office Director for Enforcement Evaluation. Authorizes the Administrator, acting through the Director, to make grants from the Long Island Sound Fund for: (1) environmental monitoring and cleanup of the Sound and educational programs to encourage the restoration of the Sound; (2) supplemental environmental enforcement personnel and special enforcement needs in the Sound; (3) research and planning; and (4) implementation of management mechanisms, at the request of States affected by the Sound conservation and management plan. Requires grant recipients to report biennially to the Administrator, the Director, and the Committee on progress in meeting grant objectives. Sets forth the application process for implementation grants. Limits Fund monies available for implementation grants and the administrative costs of such grants. Permits the Administrator to prescribe grant eligibility requirements. Directs the Administrator to consult with the Director and the Committee in making grants through the EPA Office of Pollution Prevention for onsite reduction of pollution sources. Requires the Director, acting through the Committee, to establish a schedule for the initiation of research and planning studies under this Act. Directs the Director to conduct the following studies: (1) an examination of the unfinished agenda described in the final report of the Management Committee of Long Island Sound; (2) a 20-year growth assessment of the adequacy of wastewater treatment facilities serving the Sound with respect to estimated increases in population and usage of such facilities; (3) a survey of public access issues relating to the Sound and the development of a map describing such access; (4) an examination of contaminated sediments and of dredging activities in the Sound; (5) an examination of nonpoint source pollution in the Sound; (6) an examination of wetlands protection issues; (7) an assessment of effective methods of nitrogen removal to abate pollution in the Sound; (8) an examination of atmospheric acid precipitation and deposition into Sound waters; (9) an assessment of water quality issues; and (10) an assessment of recreational uses and demands in the Sound. Prohibits the Director from duplicating any study for which a comparable study exists. Requires the Director, acting through the Committee, to conduct a demonstration project for the removal of: (1) toxic materials from contaminated sediments in the Sound; and (2) nitrogen from pollutants in Norwalk Harbor in the Sound. Directs the Director, acting through the Committee, to report annually to the Congress on: (1) modifications to the conservation and management plan; and (2) studies and demonstration projects and schedules for meeting study and project proposals. Authorizes appropriations. Requires the Director, acting through the Committee, to review and report to the appropriate congressional committees on: (1) the Federal Water Pollution Control Act with respect to the Sound; and (2) the need for a regional authority to effectuate and fund nitrogen removal treatment at sewage treatment plants and watersheds in the Sound and the potential methods of financing such authority. Establishes a Long Island Sound Fund. Makes appropriations to the Fund and makes Fund monies available to carry out this Act.
Resolution· SRESS.Res. 190 (101st)passed
United States · United States Congress · 3 October 1989
Urges the Nobel Commission to consider awarding Nobel Prize recognition for achievements in the preservation of the world environment.
Bill· HRH.R. 3395 (101st)referred
United States · United States Congress · 3 October 1989
Hazardous and Solid Waste Management Act of 1989 - Amends the Solid Waste Disposal Act to grant any States that have entered into a contract or cooperative agreement with the President under provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 relating to remedial actions for releases of hazardous substances into the environment the authority to restrict acceptance of hazardous waste originating in other States for disposal. Requires States to prepare plans for solid waste management over a 20-year period for approval by the Administrator of the Environmental Protection Agency (EPA). Requires the plan to provide that the State shall: (1) identify the amount of such waste by type that is expected to be generated in the State or accepted from another State for disposal; (2) establish processes to assure the availability of facilities with adequate capacity to treat or dispose of such waste in a healthy and environmentally protective manner; and (3) identify the volumes of such waste to be reduced through source reduction and recycling. Allows such plans to provide for out-of-State disposal of such waste if the State is without the capacity to dispose of such waste. Requires such plans to establish enforcement mechanisms to prevent out-of-State waste disposal in amounts in excess of amounts included in such plans. Prohibits treatment or disposal of such waste in a manner not in accordance with approved plans. Directs States to establish programs for issuing permits to State facilities in compliance with such approved plans and State law. Prohibits the transportation of such waste for treatment or disposal or the arranging thereof at facilities which have not been issued such permits after the establishment of such programs. Grants States with approved plans the authority to restrict acceptance of such waste originating in other States if such plans justify the imposition of such restrictions on the lack of capacity in such a State to dispose of solid waste generated in the State. Requires persons transporting any quantity of such waste in excess of 100 pounds from one State to another for disposition to register with both the Administrator and the State in which such waste will be disposed. Requires such waste shipments to be transported to facilities with such State issued permits and accompanied by a form specifying certain information which is to be kept at the facility receiving such waste. Requires such forms to be available for inspection by EPA representatives. Requires persons handling solid waste, upon the request of EPA representatives, to furnish or provide access to information relating to such waste. Authorizes such representatives to inspect places handling such waste and to obtain samples. Sets forth a civil penalty for any State that fails to submit plans for solid waste management or fails to have such plans approved.
Bill· HRH.R. 3394 (101st)open
United States · United States Congress · 3 October 1989
Oil Pollution Act of 1989 - Title I: Oil Pollution Liability and Compensation - Imposes joint, several, and strict liability for specified removal costs and damages upon the party responsible for a vessel or facility from which oil is either discharged into certain waters, or which poses a substantial threat of such a discharge. Makes owners of oil carried in bulk as cargo on vessels secondarily liable for such costs and damages. Exempts from such liability certain discharges permitted under Federal, State, and local law or discharges from public vessels. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Directs the Secretary of the department in which the Coast Guard is operating to establish by regulation a maximum liability limit. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. Directs the Secretary to: (1) conduct a study of the relative operational and environmental risks posed by the transportation of oil by vessels to deepwater ports versus the transportation of oil to other ports; (2) report to the Congress on the results of such study; and (3) lower the limits of liability with respect to deepwater ports and to vessels transporting oil to such ports, if determined that the use of deepwater ports in connection with the transportation of oil results in lower operational or environmental risks than the use of other ports. Declares that the responsible party or his guarantor shall be liable to the claimant for interest on the amount paid in satisfaction of a claim for a specified period. Defines circumstances under which liability for injury to natural resources shall be to either: (1) the United States; (2) the affected State; (3) an Indian tribe; or (4) a foreign government. Sets forth recovery and indemnification procedures. Makes responsible parties subject to certain civil penalties if an oil discharge results in damages to natural resources that cannot be restored. Sets forth the uses of the Oil Spill Liability Trust Fund (the Fund). Sets forth defenses to liability for such Fund. Confers rights of subrogation upon the United States for payment of any claim by the Fund. Sets forth a claims procedure for removal costs or damages. Requires the Secretary to designate the source of a discharge and to immediately notify the responsible party or guarantor of such designation. Grants subrogation rights to any person (including the Fund) who pays compensation under this Act to any claimant for costs or damages. Requires the following parties to establish and maintain evidence of financial responsibility to meet maximum liability limits: (1) parties responsible for certain vessels over 300 tons or vessels using the waters of the exclusive economic zone to transship or lighter oil destined for U.S. ports; (2) owners of oil carried in bulk as cargo on vessels; and (3) parties responsible for offshore facilities and deepwater ports. Directs the Secretary of the Treasury to withhold or revoke the clearance of any vessel that does not have evidence of financial responsibility. Sets forth circumstances under which such vessels may be denied entry into U.S. ports, or waters, be detained at such ports, or be subject to seizure. Imposes a civil penalty for failure to comply with the financial responsibility requirement. Restricts judicial review of any regulation promulgated under this Act to the Circuit Court of Appeals for the District of Columbia. Grants the district courts original jurisdiction over all actions arising under this Act. Sets forth a limitation period for actions for removal costs, damages, or contribution. Title II: Conforming Amendments - Makes conforming amendments to: (1) the Intervention on the High Seas Act; (2) the Federal Water Pollution Control Act; (3) the Deepwater Port Act; and (4) the Outer Continental Shelf Lands Act Amendments of 1978. Title III: Implementation of International Conventions - States that during any period in which the Civil Liability Convention and the Fund Convention are in force with respect to the United States, owner liability for pollution damage arising from a ship-related incident shall be determined according to such Conventions. Requires the Oil Spill Liability Trust Fund to indemnify and defend certain persons with respect to recovery of removal costs and damages. Grants recognition to the International Oil Pollution Compensation Fund as a legal person under Federal law, and deems the Director of such Fund to have irrevocably appointed the Secretary of State as the Fund's agent for service of process for legal proceedings involving the Fund within the United States. Exempts such Fund and its assets from all direct taxation in the United States. Provides that certain required contributions with respect to oil received in the United States shall be paid to the International Fund from the Oil Spill Liability Trust Fund. Grants recognition to any final judgment of a court of any country which is a party to either the Civil Liability Convention or the Fund Convention. Sets forth the financial responsibility requirements of shipowners whose vessels are subject to the Civil Liability Convention. Imposes specified sanctions and civil penalties upon persons violating the financial responsibility requirements. Waives all U.S. defenses based upon sovereign immunity with respect to any controversy arising under the Civil Liability Convention or the Fund Convention relating to any ship owned by the United States and used for commercial purposes. Requires the Secretary of the department in which the Coast Guard is operating to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions. Title IV: Prevention and Removal - Subtitle A: Prevention - Amends Federal law relating to certificates of registry and merchant seamen licenses to prohibit the Secretary from issuing such documents to any individual who fails to make available to the Secretary information in the National Driver Register regarding such individual's driving record. Limits the term of such documents to five years and authorizes renewals for additional five year periods. Applies such terms to new and existing documents. Requires the Secretary to conduct criminal record reviews of certificate of registry applicants and of merchant seamen license renewal applicants. Directs the Secretary to request holders of shipping licenses, certificates of registry, or merchant seamen licenses to make available to the Secretary all information in the National Driver Register regarding such individuals' driving records. Requires the Secretary to temporarily suspend and take possession of such documents if a holder performs a sensitive function on a vessel and there is cause to believe that such individual has: (1) performed such function while under the influence of alcohol or a dangerous drug; (2) been denied a motor vehicle license for cause within the five year period preceding the suspension; or (3) been convicted of an offense for which such documents may be suspended or revoked under Federal law. Authorizes the Secretary to suspend or revoke such documents if a holder: (1) is convicted of an offense preventing the renewal of such documents; or (2) is convicted of an alcohol-related driving offense or an offense involving a fatal traffic accident or reckless driving within the five year period preceding the suspension or revocation. Permits the termination of a revocation only when the Secretary decides that the reissuance of a document is compatible with the requirement of good discipline and safety at sea and the former holder provides satisfactory proof that the bases for revocation are no longer valid. Directs the next two senior members on a vessel, if they believe that the individual in command is under the influence of alcohol or a dangerous drug and is incapable of commanding the vessel, to take command of the vessel, enter details in the vessel log, and report such details to the Secretary as expeditiously as possible. Amends the National Driver Register Act of 1982 to authorize applicants for and holders of merchant seamen licenses or certificates of registry to request the chief State driver licensing official to transmit to the Secretary information regarding such individuals' motor vehicle driving records. Prescribes the use of such information by the Secretary. Precludes access to information that was entered more than five years before the date of request unless it relates to revocations or suspensions which are still in effect on the date of request. Revises standards for foreign tank vessels. Prohibits foreign vessels which fail to enforce standards equivalent to U.S. or customary international law from entering the United States. Allows provisional entry for such vessels under specified circumstances. Amends the Ports and Waterways Safety Act to authorize the Secretary to construct, operate, or improve a vessel traffic system in any U.S. channel or port. Prohibits the appropriation of funds for vessel traffic system projects unless such projects are approved by the House Committee on Merchant Marine and Fisheries and the Senate Committee on Commerce, Science, and Transportation. Requires the Secretary to report to the Congress on such projects. Directs the Secretary to: (1) study whether the Secretary should be given additional authority to direct vessel movement on navigable waters and should exercise such authority; (2) study and prioritize U.S. ports and channels that are in need of new or improved vessel traffic systems; and (3) report to the Congress on such study, together with recommendations for implementing such study. Authorizes States to require State pilotage for, and levy pilot charges on, tankers having Federal pilots without licenses endorsed for pilotage in State waters. Authorizes a member of a vessel to serve as the pilot required in Great Lakes waters not designated by the President if such member is: (1) a U.S. citizen who has a pilot license; or (2) a Canadian citizen who has an equivalent pilot license. Authorizes a vessel (except for specified regulated vessels) to operate in waters of the Great Lakes without a U.S. or Canadian registered pilot when the Secretary of Transportation notifies the master that a registered pilot is not available. Makes vessels liable in rem for rates and charges for pilotage services and any costs of collection. Increases the penalties for owners of vessels who permit such a vessel to navigate in the waters of the Great Lakes without a U.S. or Canadian registered pilot. Requires the Secretary of the department in which the Coast Guard is operating to report and make recommendations to the Congress on whether existing laws and regulations are adequate to ensure the safe navigation of vessels transporting oil and hazardous substances on the navigable waters and the exclusive economic zone. Directs the Secretary of the Army to report and make recommendations to the Congress on the feasibility of modifying dredges to make them usable in removing discharges of oil and hazardous substances. Requires the President to report and make recommendations to the Congress on whether liners or other secondary means of containment should be used to prevent leaking or aid in leak detection at onshore oil storage facilities located near navigable waters. Subtitle B: Removal - Amends the Federal Water Pollution Control Act to require the President to ensure an effective and immediate removal of an oil or hazardous substance discharge: (1) into navigable waters; (2) on adjoining shorelines to such waters; (3) on waters of the exclusive economic zone; or (4) that may affect U.S. natural resources. Authorizes the President to direct and monitor all removal actions. Requires the President to: (1) designate areas for which new or improved local contingency plans must be prepared to respond to discharges, or threats of discharges, of oil or hazardous substances; and (2) specify the Federal, State, and local officials required to prepare such plans. Outlines plan requirements. Provides for the periodic review of such plans by the President. Authorizes the President to provide technical assistance for the preparation of such plans. Requires owners or operators of tank vessels or facilities that could reasonably discharge on the navigable waters, adjoining shorelines, or the exclusive economic zone to prepare contingency plans. Outlines plan requirements. Prohibits such vessels or facilities from handling or transporting oil unless the owner or operator has submitted an approved contingency plan and is in compliance with such plan. Requires the President to review such plans. Directs the President to require: (1) periodic inspection of major equipment used to remove discharges of oil and hazardous substances; and (2) vessels operating on the navigable waters and carrying such substances to have removal equipment that employs the best technology available and is compatible with the safe operation of the vessel. Requires the President, acting through the Secretary of the department in which the Coast Guard is operating, to conduct periodic drills of removal capability in major port areas under local and relevant vessel and facility contingency plans. Directs the Secretary to publish annual reports on such drills. Requires the Secretary to ensure that vessels designed to replace Coast Guard buoy tenders are equipped with oil skimming systems that are available, operable, and complement the mission of servicing aids to navigation. Directs the Secretary to establish and maintain a comprehensive nationwide computer listing of emergency removal resources available and appropriate for use in responding to oil discharges. Requires the President to encourage appropriate international organizations to establish an international inventory of emergency response resources. Subtitle C: Miscellaneous - Amends specified Acts to increase and expand the scope of penalties for specified violations, including those concerning: (1) discharges of oil or hazardous substances; (2) negligent shipping operations; (3) ship inspections; (4) liquid dangerous cargoes; (4) load lines; (5) complements of inspected vessels; (6) deck watches; (7) pilotage and crew requirements; and (8) vessel navigation. Provides for the deposit into the Oil Spill Liability Trust Fund of penalties collected for oil discharges under the Federal Water Pollution Control Act. Title V: Prince William Sound Oil Spill Removal - Prince William Sound Oil Spill Removal Act of 1989 - Directs the Secretary to require: (1) tank vessels transporting oil from the Trans-Alaska Pipeline within Prince William Sound to be escorted by at least one towing or other appropriate vessel; and (2) the use of a pilot licensed by the State of Alaska for all tank vessels navigating between the Port of Valdez, Alaska, and a certain point in the Sound. Requires the Secretary to prepare a plan to modify surveillance coverage of the Sound. Requires such plan to include construction of new radar sites to cover the vessel traffic system within the Sound and a review of existing radar surveillance and maintenance policies. Directs the Secretary to require: (1) prepositioned oil spill containment and removal equipment in the Port of Valdez, the city of Cordova, and other locations within the Sound; (2) the establishment of an oil spill removal organization at appropriate locations within the Sound to consist of trained personnel capable of immediately removing a discharge of 200,000 barrels of oil; (3) tank vessels operating in the Sound to carry equipment or materials sufficient to remove an oil discharge and minimize environmental damage; and (4) biannual practice exercises for equipment and personnel testing and training in oil removal techniques for local residents and individuals engaged in fish cultivation or production in the Sound. Requires the Under Secretary for Oceans and Atmosphere of the Department of Commerce to expend at least $5,000,000 annually in FY 1990 through 1992 to conduct living marine resource damage assessments in Arctic waters from the Exxon Valdez oil spill in the Sound. Directs the Under Secretary, whenever possible, to recover such sums from the owner or operator of the Exxon Valdez. Requires such sums to be credited to the appropriations of the National Oceanic and Atmospheric Administration. Directs the Secretary to report to the Congress on: (1) a list of oil pollution exercises conducted in the Port of Valdez and the Sound during the operation of the Trans-Alaska Pipeline; and (2) any other matters regarding oil spills in Arctic waters, including faster approval of oil spill removal technology by Federal and State agencies. Title VI: Miscellaneous - Amends Federal law relating to shipping to waive certain inspection, load line, and manning of vessel requirements if the Secretary of Transportation determines that such waivers are needed in a crisis concerning: (1) a discharge or threat of discharge of oil or a hazardous substance; or (2) the national defense. Repeals a named Act to make a conforming amendment. Title VII: Research and Development - Establishes an Interagency Coordinating Committee on Oil Pollution Research. Requires the Committee to submit an oil pollution research plan to the Congress. Directs the Committee to coordinate the establishment of an oil pollution research and development program, including research and development technologies for preventing or mitigating oil discharges and protecting the environment. Requires such program to provide for: (1) technology evaluation; (2) research on the environmental effects of oil discharges; (3) monitoring and research programs by the Secretary of Commerce to determine the effects of specified oil spills in Alaska, Narragansett Bay, the Houston Ship Channel, and the Delaware River; and (4) research on the use of geographic and ship response simulation models. Authorizes the Secretary of Commerce to recoup costs for the Alaskan monitoring and research program from the owners and operators of the Exxon Valdez, to the extent such costs are directly related to the Exxon Valdez oil spill. Allows the Committee to enter into contracts with, and make grants to, universities, research institutions, and other persons to carry out such program. Requires the Committee to coordinate and cooperate with other nations and foreign research entities in conducting such activities. Directs the Committee to report annually to the Congress on the program. Provides for the establishment of a minimum of six regional research centers through competitive grants to universities or research institutions. Directs such centers to implement oil pollution research and development programs. Requires at least one center to be established in each of the following regions of the United States: (1) the tropical and subtropical coastal environments of Florida and the Gulf Coast; (2) the Atlantic and Pacific temperate coastal environments; (3) the Alaskan coastline and other Arctic and subarctic environments; (4) the Great Lakes; and (5) the inland waters. Sets forth selection criteria for grant applicants. Limits such grants to 80 percent of the total cost of such activities. Prohibits such grants from being used for the acquisition of real property or building construction. Provides for the equitable allocation of funds among the centers. Directs grant applicants to disseminate results of oil pollution research and development through technology transfer, training, and other educational programs. Makes funds available for oil pollution research and development activities. Allocates funds for FY 1990 through 1994 for the regional centers. Title VIII: Provisions Applicable to Alaska Oil - Amends the Trans-Alaska Pipeline Authorization Act to make holders of right-of-way permits in Alaska who are responsible for pollution damages liable for any administrative costs relating to the removal of a pollutant incurred by the State. Repeals a provision of such Act which establishes the Trans-Alaska Pipeline Liability Fund. Requires the Fund to pay valid claims if an owner or operator of a vessel has not paid a claim within 90 days of the submission of such claim. Subrogates the Fund to the rights of persons entitled to recover under this Act upon payment of any claim. Directs the President, after the settlement of all claims by the Fund, to study and report to the Congress on the final disposition of the unexpended balance in the Fund. Provides that officers and trustees of the Fund shall: (1) be indemnified by the Fund against all claims and liabilities to which they are subject by reason of serving as officers or trustees; and (2) be reimbursed for all legal expenses incurred in connection with such claims or liabilities.
Bill· SS. 1697 (101st)open
United States · United States Congress · 28 September 1989
Radon Testing for Safe Schools Act - Directs the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations requiring local educational agencies to test schools in areas having elevated radon levels. Makes the results of such tests available to the public. Requires radon testing and mitigation to be carried out by individuals approved by the Administrator or a State. Establishes within EPA a Radon Testing and Mitigation Assistance Program to provide assistance for testing and mitigation devices and methods. Requires State Governors to establish priority lists of assistance applicants, based on the nature and magnitude of potential exposure to radon. Sets forth criteria to be considered by the Administrator in ranking such applications. Authorizes the provision to approved applicants of loans of up to 100 percent, and grants of up to 50 percent, of the total cost of a testing or mitigation program. Outlines loan agreement terms and application requirements. Requires the Administrator to report annually to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce on the loan and grant program. Makes local educational agencies which fail to conduct testing or which knowingly submit false information liable for a civil penalty. Sets forth provisions concerning penalty modifications, judicial review, failures to pay, and citizen complaints. Authorizes appropriations.