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Bill· HRH.R. 2984 (101st)passed
United States · United States Congress · 24 July 1989
Global Change Research Act of 1989 - Title I: National Global Change Research Program - Directs the President to establish a Committee on Earth Sciences within the Federal Coordinating Council on Science, Engineering, and Technology (Council) of the Office of Science and Technology Policy. Declares that the purpose of the Committee shall be to increase the overall effectiveness of Federal research and assessment efforts directed toward an understanding of global change. Directs the President to establish an interagency National Global Research Program which shall include: (1) making measurements necessary to document global change; (2) developing quantitative models to facilitate identification and prediction of global environmental trends; and (3) increasing international cooperation in global change research, monitoring, and analysis. Requires the Committee to develop a National Global Change Research Plan to: (1) identify goals, priorities, and approaches for global change research and assessment conducted or funded by the Government; (2) provide for identification and coordination of relevant programs and activities of specified Federal agencies; (3) recommend allocations of Federal funding among such activities; and (4) make recommendations for coordination with activities of other nations and international organizations. Sets forth requirements for: (1) submission of the Plan to the Congress; (2) providing general budgetary guidance to participating Federal agencies on an annual basis; (3) the submission of reports to the President and the Congress; and (4) sunset provisions. Directs the Committee to enter into an agreement under which the National Academy of Sciences shall evaluate the Plan and provide information on future global change research and assessment priorities. Title II: International Programs in Global Change Research - Directs the Secretary of State to initiate discussions with other nations leading toward an international protocol in global change research and assessment, including discussions concerning: (1) the allocation of costs in research and assessment programs; (2) management of such programs; (3) establishment of training centers for scientists from developing nations; and (4) establishment of certain other international projects. Directs the Secretary to initiate discussions with other nations leading toward an international research protocol for environmentally safe energy technologies. Title III: National Climate Program Act Amendments - Amends the National Climate Program Act to: (1) shift responsibility for the National Climate Program from the President to the Committee on Earth Sciences; and (2) incorporate such program within the National Global Change Research Program as a separate coordinating and programmatic unit. Specifies the duties of the Secretary of Commerce with respect to such program.
Bill· SS. 1378 (101st)referred
United States · United States Congress · 21 July 1989
Corporate Environmental Responsibility Act of 1989 - Amends the Clean Water Act to require owners or operators of vessels or onshore or offshore facilities from which oil or a hazardous substance is discharged to be assessed a civil penalty by the Secretary of the department in which the Coast Guard is operating in an amount equal to removal costs and costs for the restoration or replacement of damaged natural resources. Doubles such penalties for discharges attributable to negligence. Requires the Secretary, in the case of a discharge that was both catastrophic and attributable to negligence or misconduct of an owner or operator, to assess a civil penalty in an amount equal to 25 percent of the profits made by such individual in the preceding fiscal year or to 25 percent of the average of such profits in the preceding five fiscal years. Establishes a Resources Restoration and Environmental Fund to be used for the restoration of natural resources damaged by such discharges and for other appropriate purposes. Requires certain amounts of the penalties recovered under this Act to be deposited in the Fund. Authorizes persons who are damaged as a result of such discharges to recover from owners, operators, or importers the amount of damages directly sustained by such persons. Requires civil actions to commence within two years after the claimant has had a reasonable opportunity to discover the violation. Makes owners or operators jointly and severally liable to the U.S. Government for discharge removal costs. Provides that such costs shall constitute a maritime lien on any vessel recovered in a U.S. district court. Makes importers of oil or hazardous substances jointly and severally liable for discharges for which owners or operators are liable. Repeals provisions of the Clean Water Act concerning third party liability and recovery of removal costs.
Bill· HRH.R. 2967 (101st)referred
United States · United States Congress · 21 July 1989
Interstate Waste Disposal Control Act - Amends the Solid Waste Disposal Act to grant State and local governments the authority to enact laws to regulate the disposal of solid waste that originates in other States. Specifies that such laws must include the requirement that: (1) any person desiring to transport more than 100 pounds of solid waste into a State for disposal shall submit an application for permission, including information on the volume, contents, and toxicity of such waste; (2) the State or political subdivision shall approve or deny an application within 60 days upon determining whether the proposed waste disposal is consistent with the applicable solid waste management plan; and (3) the State or political subdivision may require the owner or operator of the solid waste management facility at which the waste will be disposed to comply, at a minimum, with solid waste management standards that are at least as stringent as those of the State in which the waste originated. Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a reference center within the EPA to assist States and political subdivisions in the implementation of laws enacted pursuant to this Act; and (2) compile information on, and copies of, all State laws, regulations, standards, and plans pertaining to solid waste management, and ensure that such information is readily accessible to the public.
Bill· HRH.R. 2975 (101st)open
United States · United States Congress · 21 July 1989
Endangered and Threatened Species Propagation Act of 1989 - Amends the Endangered Species Act of 1973 to require the Secretary of the Interior to establish and implement a program of grants for projects for the propagation of endangered and threatened species. Limits the Federal share to 50 percent of project costs. Authorizes the Secretary to accept and distribute contributions of money, property, and services for supporting projects. Specifies that contributions distributed to a project shall be considered to be part of the non-Federal share of project cost.
Bill· SS. 1372 (101st)referred
United States · United States Congress · 20 July 1989
Amends the Federal Water Pollution Control Act to require the President to determine each area for which a local oil and hazardous substance discharge contingency plan is necessary. Requires the terminal operators, vessel operators, and other parties directly involved in the transport of oil or hazardous substances within the area to prepare such plan and submit it to the President for approval on a periodic or regular basis. Requires the President to report to the Congress on the state of the technology, procedures, and research which are available on means of preventing, containing, and removing discharges of oil and hazardous substances into areas affected by this Act. Authorizes the President to deny entry into any U.S. port of any vessel involved in the transport of oil or hazardous substances, or deny movement of oil or hazardous substance through any terminal facility, if the vessel operator or terminal operator does not have in effect a current local contingency plan.
Bill· HRH.R. 2953 (101st)open
United States · United States Congress · 20 July 1989
Comprehensive Ocean Assessment and Strategy (Coast) Act of 1989 - Directs the Administrator of the Environmental Protection Agency (EPA) to designate marine areas which are in need of protection. Sets forth criteria to be considered in such designations, including: (1) the status and effects of pollutants and floatables found in the water and marine resources; (2) loss of coastal habitat; and (3) anticipated increases in pollutants and floatables in the area. Requires the Administrator to designate as a marine area in need of protection: (1) any area of the marine environment for which a State's most recent Water Quality Inventory, prepared pursuant to the Federal Water Pollution Control Act, reported that the waters did not meet water, sediment, and living marine resource biological quality standards; (2) any estuary for which a management conference has been convened pursuant to the National Estuary Program. Directs the Administrator, in designating any area, to specify the reason for, and sources of, pollution resulting in the designation; and (2) submit to the Congress an analysis of each designated area which assesses trends, identifies research and monitoring needs, and describes actions and strategies. Amends the Federal Water Pollution Control Act to require States to submit to the Administrator individual management strategies for designated areas. Requires such strategies to include water quality effluent limitations, nonpoint source management, and monitoring programs for permittees. Directs the Administrator to develop plans for States that fail to do so. Requires the Administrator to convene management conferences for estuaries which are designated as marine protection areas and are located in more than one State. Directs the Administrator to submit to the Congress a Marine Environment Toxics Release Inventory Assessment and Strategy to: (1) analyze industrial categories of sources and receiving waters of toxic discharges into the marine environment and into publicly owned treatment works which discharge into such environment; and (2) identify sources which discharge the greatest amount of toxic chemicals on the Inventory, and the greatest amount of the most toxic chemical; and (3) identify the geographical areas receiving the greatest amount of discharges from such chemicals. Provides that the Strategy shall contain the Administrator's plan for using Assessment information to improve the EPA's marine environment programs. Includes criteria for marine water, sediment, and resource biological quality within criteria required to be published for water quality standards under the Federal Water Pollution Control Act. Directs the Administrator to: (1) submit a schedule for the development of such criteria to specified congressional committees; and (2) develop or revise criteria for specified pollutants. Requires States to establish numerical standards for pollutants to prevent degradation of the marine environment. Directs the Administrator to establish such standards for States which fail to do so. Prohibits the issuance of permits for discharges into the marine environment if found that such discharges can be expected to result in the degradation of the environment or are likely to prevent the attainment of standards pursuant to this Act. Requires the Administrator to revise guidelines for determining degradation of waters. Includes within the list of programs to receive priority consideration for grant assistance programs to control nonpoint source pollution of waters designated under this Act. Directs the Administrator to: (1) provide technical assistance to the Secretary of Agriculture in utilizing the Secretary's authorities to reduce cropland sources of nonpoint source pollution of the marine environment; (2) identify those lands which, if enrolled in the Conservation Reserve Program, would contribute to protection of water quality and the marine environment by reducing such pollution; and (3) furnish a list of such lands to the Secretary for establishing priorities for expenditures under the Program. Requires the Secretary to provide the Administrator with actions in response to such list. Directs the Administrator to: (1) publish regulations to eliminate marine combined sewer overflows; and (2) publish guidance on additional measures to bring such overflows into compliance with this Act. Requires such guidance to identify monitoring standards designed to characterize and evaluate water quality impacts of discharges and determine compliance with permit requirements. Directs States with such overflows to submit biennially to the Administrator an inventory of discharges which shall: (1) identify the location of each discharge and the receiving waterbody; (2) identify the entities which operate the overflow system; and (3) determine whether each discharge point is permitted and in compliance with this Act. Requires permitting authorities to: (1) establish a schedule to bring each discharge point into compliance with this Act; and (2) establish priorities for issuing permits and controlling discharges. Directs municipalities or publicly owned treatment works to submit to the Administrator or, under certain circumstances, a State a permit program for the elimination of such discharges. Outlines program requirements and approval procedures. Makes owners or operators of sewer operations without permits subject to penalties. Directs the Administrator or a State, when determined that a publicly owned treatment works discharges toxic pollutants contributing to the degradation of the marine environment or in violation of marine water, sediment, or resource standards, to require the treatment works to establish or revise a pretreatment program to eliminate pollutants contributing to such degradation. Requires the Administrator to: (1) develop and test guidelines for treatment works to identify the sources of toxics in waste waters; and (2) establish a data base of identified sources. Directs the Administrator and the Under Secretary of Commerce for Oceans and Atmosphere to: (1) implement a joint program of research and monitoring to determine the effects of atmospheric pollutants on degradation of the marine environment; and (2) report biennially to specified congressional committees on such program. Requires the Administrator to: (1) establish a nationwide system for monitoring and quantifying the accumulation of floatables along coastal shorelines and waterways and the costs of cleanup of floatables; and (2) report annually to the Congress on such program. Directs the Administrator to promulgate protocols for monitoring water, sediments, and living marine resources in the marine environment. Provides for the use of whole effluent biological toxicity testing in such monitoring. Directs the Under Secretary to study the nature of any relationship between contact with pollutants in the marine environment and shellfish consumption with the incidence of human illnesses. Requires the Administrator to report to specified congressional committees on such study. Directs the Under Secretary to study and report to the Congress on: (1) a quantification of economic impacts caused by marine degradation; and (2) the impact that enhanced nitrogen levels in the marine environment may have on stimulating toxic algal blooms. Requires the Under Secretary to establish a Marine Environment Information Center to compile, analyze, and disseminate information on marine degradation and protection. Directs the Administrator and the Under Secretary to study and report to the Congress on activities of Federal agencies that may result in degradation of the marine environment, along with recommendations to reduce such degradation. Requires Federal agencies to take actions to minimize such degradation and to evaluate the potential effects of any actions on the marine environment. Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to require fines under the Federal criminal code (currently, fines up to $50,000) or imprisonment of up to five (currently, one) years, or both, for ocean dumping violations. Authorizes appropriations. Limits the amount of grants to any State for the implementation of management strategies under this Act to 50 percent of the total cost of the program. Amends the Federal Water Pollution Control Act to provide for the establishment of a water pollution control revolving fund for States for implementing management strategies under this Act and marine combined sewer overflow correction programs. Requires certain assistance to be used only for implementation of approved marine combined sewer overflow elimination permits. Directs the Administrator to give priority for assistance to municipalities discharging into marine areas designated under this Act. Limits such grants to 50 percent of the total cost of a project.
Bill· HRH.R. 2950 (101st)referred
United States · United States Congress · 20 July 1989
Amends the Clean Air Act to prohibit the manufacture or sale of any part or component intended to bypass, defeat, or render inoperative a vehicle emission device, with exceptions for certain temporary repairs or replacements. Directs the Administrator of the Environmental Protection Agency to review, revise, and republish in the Federal Register the guidance for the States for motor vehicle inspection and maintenance programs to reduce emissions of hydrocarbons, nitrogen oxides, and carbon monoxide in ozone and carbon monoxide nonattainment areas for which State implementation plan revisions are required. Specifies that such guidance shall: (1) include provisions with respect to the frequency of inspections, the types of vehicles to be inspected, vehicle maintenance, State audits, inspection methods and procedures, and effective implementation and enforcement; (2) be incorporated into the applicable State implementation plans; and (3) provide the States with flexibility to fashion effective, reasonable, and fair programs for the affected consumer. Requires: (1) each ozone and carbon monoxide nonattainment area which, by December 31, 1987, did not attain the national primary ambient air quality standard for ozone or carbon monoxide and which is not in attainment upon enactment of this Act, to promptly adopt, implement and enforce or improve an inspection and maintenance program to reduce in-use emissions from specified motor vehicles; and (2) such program, at a minimum, to comply with the guidance published by the Administrator with respect to adequacy of motor vehicle inspection and maintenance programs. Prohibits waivers for vehicles and components manufactured less than seven model years prior to inspection and, in the case of other vehicles, for costs of $500 or less. Directs that vehicles be rejected where there is evidence of tampering or misfueling until corrections are made. Requires each State to comply with this program within three years. Specifies that: (1) any such program in effect on the effective date of this Act shall continue in effect, but shall promptly be reviewed and modified by the State to conform to the requirements of this Act; and (2) all such programs shall continue in effect until such nonattainment area is redesignated as an area which has attained the national primary ambient air quality standard for ozone, carbon monoxide, or both. Revises warranty provisions to make the manufacturer responsible for bearing the cost of repairs if, among other things, a vehicle fails to conform to specified regulations for a period of two years or 24,000 miles, whichever comes first (or, in the case of components designed for emission control, five years or 50,000 miles).
Bill· SS. 1359 (101st)referred
United States · United States Congress · 19 July 1989
Requires the Environmental Protection Agency to relocate the Environmental Monitoring Systems Laboratory and related facilities from the University of Nevada, Las Vegas, to a consolidated facility, subject to specified conditions.
Law· SJRESS.J.Res. 181 (101st)enacted
United States · United States Congress · 19 July 1989
Designates 1992 as the Year of Clean Water and October 1992 as Clean Water Month.
Bill· HJRESH.J.Res. 369 (101st)open
United States · United States Congress · 19 July 1989
Designates 1992 as the Year of Clean Water and October 1992 as Clean Water Month.
Record· Divisionvote_3carried
Ireland · Dáil Éireann · 18 July 1989
Vote put.
Bill· HRH.R. 2909 (101st)open
United States · United States Congress · 17 July 1989
Clean Fuels and Environmental Protection Act of 1989 - Amends the Clean Air Act to phase in, within ten years of this Act's enactment, a nationwide reduction in annual emissions of sulfur dioxide from fossil fuel fired electric utility steam generating units of 10,000,000 tons measured from 1980 emissions levels. Prohibits State plans from allocating emissions reductions to small utility power plants where the plant's costs of compliance would significantly exceed the statewide average for all such plants or result in significant adverse competitive effects on such plant. Requires the Administrator of the Environmental Protection Agency to review and report to the Congress on sulfur dioxide and nitrogen oxide emissions trends for sources not subject to this Act and to forecast the trend in such emissions. Authorizes governors of certain States to submit certifications to the Administrator in lieu of compliance plans for first phase emissions reductions. Permits only certain coal-burning power plants to be certified. Requires the Administrator, in order to help Indiana, Ohio, and Illinois meet the applicable phase one allocation, to issue an order requiring the owners or operators of the Clifty Creek, Kyger Creek, and Joppa power plants to comply with emissions standards for sulfur dioxide which are equivalent to new source performance standards for units constructed after September 18, 1978, unless such units are not appropriate retrofit candidates. Provides that compliance costs shall be borne by the Secretary of Energy and permits the Secretary to pay a share of any increased operating and maintenance costs. Requires States to: (1) submit for the Administrator's approval State plans establishing emissions limitations, compliance schedules, and other enforceable measures necessary for achieving required sulfur dioxide emissions reductions; and (2) consider, and make available for public comment, cost and employment impact information regarding the various emissions control options before adopting final plans. Exempts from such submission requirements States with approved certifications. Provides for the coordination of State plans with respect to electric utilities which serve rate payers in more than one State. Requires such plans' revisions to contain emissions tonnage ceilings for the aggregate of all electric utility steam generating units operated by a single company. Credits States with certain sulfur dioxide emissions reductions achieved after 1980 and before this Act's enactment by fossil fuel fired electric utility steam generating units not covered by this Act. Requires a State to biannually quantify its current level of sulfur dioxide emissions, report its findings to the Administrator on a source-by-source basis, and revise its plans if the Administrator finds it to be substantially inadequate for purposes of this Act's requirements. Directs the Administrator to impose a noncompliance penalty against the owner or operator of a stationary source, based on the number of pounds of excess emissions from such source, if: (1) the State in which such source is located fails to submit a plan or certification to the Administrator which is approved; or (2) such source does not comply with plan or certification requirements. Allows State plans to provide for trading of emissions reduction requirements: (1) among electric utility units within a State; (2) among electric utilities in more than one State which participate in the same power pool or are owned and operated by a single electric utility or utilities which are part of the same holding company; and (3) between electric utility units and certain other major sources within the State. Requires utility and non-utility fossil fuel fired steam generating units and major sources of process emissions to maintain, and make available to the public, records on emissions and hours of operation. Establishes the Clean Fuels Emission Reduction Equity Fund to provide for payments to electric utilities for costs attributable to meeting emissions reduction requirements, adopting energy conservation measures, and installing clean coal or other technologies. Limits the amount of such payments and sets forth eligibility requirements for utilities seeking to receive such payments. Directs the Administrator to collect fees from persons: (1) emitting sulfur dioxide or nitrogen oxide in the generation of electric energy from fossil fuels; or (2) importing electric energy into the United States. Sets the maximum fee at 1.0 mill per kilowatt hour. Authorizes the Administrator to provide that States with lower emissions have lower fees. Prohibits such fees from being imposed after 2003. Prohibits the increase of aggregate annual statewide emissions of sulfur dioxide from fossil fuel fired electric utility steam generating units beyond the emissions level required to be achieved by the end of the second phase of the emissions reduction program. Directs the Administrator to conduct a study of the cost effectiveness and net effects on air quality of obtaining a reduction of from two to four million tons (from 1985 levels) in emissions of oxides of nitrogen from fossil fuel fired electric utility steam generating units, considering the effects of such air pollutant on ozone formation as well as acid deposition. Requires that such study be completed by 1993 and submitted to the Congress. Directs the Administrator to: (1) establish oxides of nitrogen emissions limitations of 2,000,000 (measured from 1985 levels) tons annually for fossil fuel fired electric utility steam generating units by 1995; and (2) require States to submit plans for compliance with such limitations. Makes it a priority to achieve emissions reductions through conservation of electricity or energy. Authorizes a State to extend for up to three years the date by which a fossil fuel fired electric utility steam generating unit which utilizes clean coal technology must meet sulfur dioxide emissions reduction requirements. Excuses State failures to meet emissions reduction requirements when such failures are solely attributable to such extensions. Prohibits extensions to utilities which have not committed to such technology at least two years prior to the deadline for phase II reductions under this Act. Prohibits the early termination of any fossil fuel supply contract by reason of changed circumstances wrought by this Act or State compliance plans. Directs the Secretary to establish a Clean Coal and Climate Change Control Technology Application Program. Authorizes the Secretary, during FY 1991 through 1995, to make grants to owners or operators of fossil fuel fired steam generating units for the installation and use of clean coal technology, conservation measures, or renewable resource technology which: (1) has not been adequately applied on a commercial scale; and (2) has a reasonable likelihood of achieving more cost-effective continuous emissions reductions of sulfur dioxide, oxides of nitrogen, or carbon dioxide than any system or equipment which has been adequately applied. Authorizes appropriations for such program.
Bill· HRH.R. 2913 (101st)open
United States · United States Congress · 17 July 1989
Marine Discharge Abatement Act - Amends the Federal Water Pollution Control Act to prohibit the issuance or renewal of permits for pollutant discharges into estuaries, estuarine zones, the territorial sea, the waters of the contiguous zone, or the oceans unless: (1) the need for the discharge has been demonstrated by the applicant and the Administrator of the Environmental Protection Agency has determined there is no environmentally sound alternative; (2) the permittee establishes an on-going monitoring program for each discharge; and (3) the applicant agrees to include within the permit a provision to allow the Administrator to modify or terminate such permit if such action is in the public interest and necessary to prevent the degradation of such waters. Directs the Administrator and the Under Secretary of Commerce for Oceans and Atmosphere to review existing guidelines and to promulgate guidelines necessary to prevent the degradation of such waters. Prohibits the waiver of such requirements for permit issuances or renewals.
Resolution· HRESH.Res. 202 (101st)passed
United States · United States Congress · 17 July 1989
Sets forth the rule for the consideration of H.R. 1056 (Federal facility environmental compliance).
Bill· HRH.R. 2896 (101st)open
United States · United States Congress · 13 July 1989
Authorizes the Secretary of the Interior to: (1) construct, operate, maintain, and replace when necessary, a water treatment plant for the Leadville Mine in Colorado; and (2) install concrete lining on the rehabilitated portion of the Leadville Mine Drainage Tunnel. Specifies that: (1) such treatment plant shall be designed to treat the quantity and quality of effluent historically discharged from such Tunnel; and (2) construction, operation, maintenance and replacement costs of the works authorized by this Act shall be nonreimbursable. Makes the Secretary responsible for operation and maintenance of the water treatment plant. Authorizes appropriations.
Bill· HRH.R. 2903 (101st)referred
United States · United States Congress · 13 July 1989
Amends the Solid Waste Disposal Act to lower (from $1,000,000 to $500,000) the financial responsibility requirement for owners or operators of underground storage tanks who sell less than 1,000,000 gallons of petroleum products annually if the Administrator of the Environmental Protection Agency has established no evidence that a release from such tanks has occurred or is occurring.
Bill· SS. 1304 (101st)open
United States · United States Congress · 12 July 1989
DOE Nuclear Safety and Environment Act - Title I: Oversight of Defense Nuclear Facilities Safety Board - Amends the Atomic Energy Act of 1954 to redefine a Department of Energy (DOE) defense nuclear facility as one which includes: (1) the tritium loading facility and the 236 H facility at Savannah River, South Carolina; (2) the Mound Laboratory, Ohio; (3) any facility or activity involved with the assembly or testing of nuclear explosives; and (4) testing and assembly facilities operated for national security purposes under the jurisdiction of the Secretary of Energy (the Secretary) (including test site facilities in Nevada; the Pinnellas Plant, Florida; and the Pantex facility, Texas). Requires the Secretary to notify the Defense Nuclear Facilities Safety Board and the Congress immediately about any abnormal occurrence at a DOE defense nuclear facility which could result in an unplanned release of radioactive products in excess of the allowable limits for normal operation. Title II: Application of OSHA and NIOSH to DOE Nuclear Facilities - Amends the Occupational Safety and Health Act of 1970 (OSHA) to apply it to: (1) a DOE defense nuclear facility and production or utilization facilities under the Secretary's control; (2) a facility subject to the Atomic Energy Act of 1954 under the Secretary's control; and (3) a waste storage or disposal facility under the Secretary's control. Directs the Secretary of Labor to promulgate regulations governing the application of OSHA to DOE nuclear facilities. Includes DOE nuclear facilities within the purview of functions performed by the National Institute for Occupational Safety and Health and requires the Institute to conduct hazard evaluations at such facilities. Requires the Secretary and every contractor operating a nuclear facility to cooperate with the Secretary of Health and Human Services and with the Secretary of Labor with respect to inspections or investigations conducted at nuclear facilities. Title III: Mixed Hazardous Waste - Mixed Hazardous Waste Amendment Act of 1989 - Amends the Solid Waste Disposal Act to provide that the term "solid waste" does not include source, special nuclear, or by-product materials unless such materials are: (1) part of any mixture or combination of solid waste as defined within the Act; or (2) wastes at the time they are emplaced at a repository. Title IV: The Radiation Research Board - Radiation Research Board Act - Directs the Secretary of Health and Human Services to establish the Radiation Research Board to advise and assist the Secretary of Energy in conducting studies of the effects of radiation. Requires the Secretary of Energy to: (1) submit for the Board's review all proposed studies regarding the health effects of radiation if such studies require funds in excess of $50,000; (2) report annually to the Congress regarding the implementation of Board recommendations; (3) insure that all studies be subject to peer review; (4) promulgate guidelines for the provision of study data to qualified researchers who are not associated with DOE; and (5) make data concerning the health effects of radioactive and other hazardous materials in the possession of DOE or its contractors available to qualified researchers. Directs the Radiation Research Board to establish procedures expediting the release of such data. Title V: Office of Environment, Safety, and Health Within the Department of Energy - Establishes within DOE an Office for Environment, Safety, and Health to exercise specified oversight powers with respect to DOE conformance with environmental, health, and safety regulations (including independent review of environmental impact statements prepared by DOE and the immediate shutdown of any DOE facility posing an unreasonable environmental, safety, or health risk). Title VI: Defense Nuclear Facility Cleanup Compliance Agreements - Directs the Administrator of the Environmental Protection Agency, the Secretary of Energy, and each State containing a DOE defense nuclear facility to negotiate a defense nuclear facility cleanup agreement within a specified period. Prescribes guidelines for such agreements. Title VII: Repeal of Prohibition on the Use of Funds to Pay Penalties Under Environmental Laws - Repeals the prohibition against using appropriated funds to pay penalties for DOE non-compliance with environmental laws with respect to its defense nuclear facilities. Title VIII: Department of Energy Facility Closing Restrictions - States that upon the closing of any DOE defense nuclear facility the Secretary must provide: (1) a complete survey of environmental problems at the facility; (2) budget quality data indicating the cost of returning the facility to an environmentally safe multi-use condition; and (3) report to the Congress how DOE intends to initiate and complete the facility's cleanup.
Proposal· PCCELEX 51989PC0303open
European Union · European Commission · 12 July 1989
Bill· HRH.R. 2853 (101st)referred
United States · United States Congress · 11 July 1989
Battery Recycling and Research Act of 1989 - Amends the Solid Waste Disposal Act to prohibit the disposal of used lead-acid batteries except through recycling as specified under this Act. Requires any individual, retail or wholesale seller, or manufacturer of such batteries to dispose of batteries only by delivery to an authorized secondary lead smelter, an authorized collection or recycling facility, or other specified entities. Sets penalties for violations of this Act. Establishes additional battery collection requirements, including requirements that: (1) retailers give written notice to customers about the illegality of improperly discarding used motor vehicle, and other types of, lead-acid batteries; and (2) retailers, wholesalers, and manufacturers accept such batteries for recycling without charge. Authorizes the Administrator of the Environmental Protection Agency to: (1) prescribe regulations, including a model notice for use by retailers; and (2) inspect any establishment subject to this Act and issue warnings and citations to individuals for failures to comply. Prohibits the sale of any lead-acid battery not bearing a permanent label containing information about the illegality of improper disposal and the requirement that retailers must accept used lead-acid batteries for recycling in exchange for new batteries purchased. Directs the Administrator to study and report to the Congress on the disposal and potential recyclability of household dry-cell batteries.
Question· Große Anfrage11/4932open
Germany · German Bundestag · 10 July 1989
Europäische Fremdenverkehrspolitik (Ziele der EG-Kommission, Aufstellung von Leitlinien oder eines Rahmenprogramms, Berücksichtigung der Interessen Österreichs und der Schweiz, verbesserte Beteiligung der Anbieter, Gewerkschaften und Verbraucher); Verbesserung der wirtschaftlichen Rahmenbedingungen (Auswirkungen des Binnenmarkts auf Verkehrsträger, Hotel- und Gaststättengewerbe, Regionen und Arbeitsplätze, Angleichung in den Bereichen Steuern und Abgaben, Haftung, Sicherheit, Sozialstandards, Natur-, Umwelt- und Verbraucherschutz, Aufbau eines einheitlichen Informations- und Reservierungssystems unter Berücksichtigung des Datenschutzes); Verbesserung der Sozialvorschriften, insbesondere für Saison-, Teilzeit- und geringfügig Beschäftigte, Anerkennung von Berufsabschlüssen, Durchsetzung der Grundrechte des Verbrauchers; europaweiter Ausbau des umwelt- und sozialverträglichen Tourismus
Question· Fragestunde11/4911open
Germany · German Bundestag · 30 June 1989
Bill· HRH.R. 2845 (101st)referred
United States · United States Congress · 29 June 1989
Recycling Promotion Act - Amends the Solid Waste Disposal Act to direct the Secretary of Commerce to conduct a biennial survey that: (1) identifies the major domestic uses for, and users of, recovered materials; (2) documents or estimates the amounts of such materials used, exported, and imported annually; (3) quantifies the markets for recovered materials; and (4) is incorporated into the periodic survey of industry conducted by the Department of Commerce. Requires the Secretary to establish an interagency working group to: (1) promote markets in recovered materials and link recovered material sources 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 recovered 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; (7) identify the institutional, economic, and technical barriers to the use of such materials; and (8) report to the Congress on the progress made in carrying out such activities. Authorizes appropriations to the Secretary to carry out resource and recovery duties under the Solid Waste Disposal Act. 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 programs for monitoring compliance by States, political subdivisions, and contractors with recovered materials procurement requirements. Requires such agencies to report annually to the Administrator on such programs and on the amount and value of recovered materials procured. Makes such reports available to the public. Directs the Administrator of the Environmental Protection Agency (EPA) 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. Requires Federal agencies, in the management of solid waste and the making of policies affecting solid waste management, to promote, in the following order of preference: (1) source reduction; (2) recovery of material; and (3) recovery of energy or safe disposal. Directs such agencies to review existing policies relating to solid waste management or recovered resources to: (1) identify policies which discourage source reduction or recovery of material; and (2) make changes necessary to promote resource conservation. Requires Federal agencies responsible for drafting or reviewing specifications for procurement items to eliminate from such specifications: (1) any exclusion of recovered materials; and (2) any requirement that items be manufactured from virgin materials. Directs such agencies to assure that such specifications require the use of recovered materials to the maximum extent possible without jeopardizing the intended end use of an item. Requires such agencies to designate solid waste policy officers to oversee implementation of this Act. Authorizes any person to petition a Federal agency to make changes in policies concerning resource conservation or in specifications for procurement items. Permits Federal agencies or units of the legislative branch that sell material or energy recovered from solid waste to retain any amounts received from such sales for use in funding operations of such agencies or units. Requires the EPA Administrator to compile and periodically update an inventory of non-hazardous solid waste 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 storage, processing, and disposal facilities. Requires State solid waste management plans to: (1) promote source reduction and recovery of materials; (2) develop markets for solid waste; (3) reduce governmental discrimination against such policies; and (4) gather information to assist the Administrator in preparation of the inventory. Authorizes States with approved plans to adopt laws discriminating against treatment, storage, transportation, or disposal of solid waste originating in a State which is not implementing a plan. Permits the Administrator to prohibit uses of particular constituents in consumer packaging if the Administrator finds that such constituents: (1) make resource recovery or disposal of the packaging more difficult or dangerous because they have characteristics of hazardous wastes; or (2) are not necessary to safe and healthful packaging. Requires the Administrator to review inks used to label consumer packaging to determine whether the use of such inks should be prohibited. Directs the Administrator to: (1) establish standards to ensure that products labeled as containing recycled or recovered materials or as readily recyclable do contain material that is readily recyclable; (2) review consumer packaging to determine whether waste likely to be generated from such packaging consists of readily recoverable material and if it not, to require such packaging to be labeled as non-recyclable; and (3) establish requirements for the coding of consumer packaging that is composed principally of plastics. Provides that packaging violating such standards shall be considered to be in violation of the Fair Packaging and Labeling Act. Requires the Administrator to establish a take-back system to require retailers, distributors, importers, and manufacturers to accept reasonable quantities of used products from their customers without charge, to inform customers of such service, and to comply with standards concerning safe storage and transport of such products. Applies such system to products that: (1) may constitute a hazard to human health or the environment if improperly disposed of or recovered; and (2) are likely to be improperly disposed of or recovered if not segregated from the waste stream or directed into appropriate channels for special disposal or recovery. Prohibits the disposal of such products in a manner harmful to human health or the environment. Makes exceptions for certain products for certain classes of retailers. Permits such exceptions to be made only if there are alternative collection points for such products that are reasonably convenient for persons taking back such products. Requires the Administrator to: (1) promulgate regulations for lead-acid batteries; and (2) make determinations with respect to a take-back system for tires, dry-cell batteries, used oil, large household appliances, automobiles with airbags, and unused pesticides.
Bill· HRH.R. 2808 (101st)referred
United States · United States Congress · 29 June 1989
National Radon School Testing Act of 1989 - Amends the Toxic Substances Control Act to provide for mandatory testing of schools for radon contamination. Requires each local education agency (LEA) to: (1) test each school building under its authority within 540 days; (2) submit a report describing the area tested and testing methods to the State Governor within 730 days; and (3) make the results available for public inspection in the administrative offices of such LEA. Requires the Governor of each State to submit to the Administrator of the Environmental Protection Agency a written statement of the status of the testing within 910 days. Requires the testing to be conducted by firms and individuals rated by the Administrator pursuant to the voluntary proficiency program or by a State radon proficiency program. Requires that only radon measurement devices and methods rated under such a program be used. Directs the Secretary of Defense to: (1) carry out testing with respect to any school operated under the Defense Dependents' Education Act of 1978; and (2) test, to the extent feasible and consistent with national security, any building used by the Department of Defense as an overseas school for dependents of members of the armed forces. Provides for the imposition of a civil penalty against an LEA for failure to conduct such testing or knowingly submitting false information regarding such testing. Establishes guidelines for determining the amount of such penalty, taking into account: (1) the significance of the violation; (2) the culpability of the violator; (3) the violator's ability to pay the penalty; and (4) the ability of the violator to continue to provide educational services to the community. Authorizes any individual to file a complaint with the Administrator or with the Governor of the State in which the school building is located with respect to radon in a school building. Directs the Administrator or Governor to investigate and respond (including taking enforcement action where appropriate) within a reasonable period of time when such official receives a complaint containing allegations which provide a reasonable basis to believe a violation has occurred. Authorizes the Administrator to provide financial and technical assistance to LEAs to perform such testing. Authorizes appropriations.
Resolution· HRESH.Res. 193 (101st)referred
United States · United States Congress · 29 June 1989
Urges the Nobel Commission to consider awarding Nobel Prize recognition for achievements in the preservation of the world environment.
Bill· HRH.R. 2784 (101st)referred
United States · United States Congress · 28 June 1989
Alternate Fuels Transit Act of 1989 - Mandates that any new bus or new bus engine acquired after October 1, 1991, with Federal assistance for mass transportation operation predominantly in a nonattainment area (as defined under the Clean Air Act for ozone or any mobile-source pollutant) be operated exclusively on alcohol, natural gas, or LP gas. Directs the Secretary of Transportation to provide States with supplemental grants equal to 50 percent of the amount by which bus acquisition costs exceed the acquisition cost of a comparable diesel-fueled bus. Limits the number of buses covered by such grants to 1,000. Authorizes the Secretary to provide States with a supplemental grant for the purchase and installation of facilities to provide alcohol, natural gas, or LP-gas for such bus. Cites circumstances under which the Administrator of the Environmental Protection Agency may delay or suspend implementation of this Act. Authorizes appropriations for fiscal years after FY 1991.
Bill· HRH.R. 2787 (101st)referred
United States · United States Congress · 28 June 1989
Innocent Landowner Defense Amendment of 1989 - Amends the Comprehensive Environmental Response, Compensation and Liability Act to create a rebuttable presumption that a defendant who has acquired real property has made all appropriate inquiry into previous ownership and uses of the property if he establishes that, immediately prior to or at the time of acquisition, he obtained a Phase I Environmental Audit (i.e., an investigation of the property, conducted by environmental professionals, to determine the obviousness of the presence or likely presence of a release or threatened release of hazardous substances including a review of specified records of the previous ownership and use of such property). Specifies that no such presumption shall arise: (1) unless the defendant has maintained a compilation of the information reviewed in the course of the Audit; and (2) if the Audit discloses the presence or likely presence of a release or threatened release of hazardous substances on the property to be acquired, unless the defendant has taken reasonable steps to confirm the absence of such release or threatened release.
Bill· HJRESH.J.Res. 338 (101st)referred
United States · United States Congress · 27 June 1989
Designates April 22, 1990, as Earth Day for public activities that promote global environmental preservation.
Bill· SS. 1275 (101st)open
United States · United States Congress · 23 June 1989
Leadville Mine Drainage Treatment Act of 1989 - Authorizes the Secretary of the Interior to construct, operate, and maintain a water treatment plant and to install concrete lining on the rehabilitated portion of the Leadville Mine Drainage Tunnel in Colorado in order that water flowing from that tunnel may meet water quality standards. Specifies that: (1) such treatment plant shall be designed to treat the quantity and quality of effluent historically discharged from such Tunnel; and (2) construction, operation, and maintenance costs of the works authorized by this Act shall be nonreimbursable. Makes the Secretary responsible for operation and maintenance of the water treatment plant. Authorizes appropriations.
Bill· SS. 1223 (101st)open
United States · United States Congress · 22 June 1989
Oil Spill Cleanup and Enforcement Act of 1989 - Amends the Clean Water Act to make technical amendments to a provision concerning judicial relief for discharges of oil or hazardous substances which threaten public health or welfare or the environment. Makes persons who fail to comply with presidential orders regarding such discharges subject to fines of up to $25,000 per day of violation. Exempts presidential determinations concerning such discharges from judicial review. Authorizes the reimbursement of persons in compliance with presidential orders. Makes persons who fail to provide removal actions for such discharges liable to the United States for punitive damages in an amount at least three times the amount of costs incurred by the United States as a result of such failure to take action. Prescribes penalties of up to $25,000 per day or $1,000 per barrel of oil or hazardous substance (currently, up to $5,000 for each offense) for discharges of oil or hazardous substances on U.S. navigable waters, shorelines, or waters of the contiguous zone. Requires penalties of at least $250,000 to be imposed where the discharge was the result of willful negligence, willful misconduct, or a violation of applicable safety, construction, or operating regulations. Repeals a provision which prohibits the assessment of civil penalties under two sections of the Clean Water Act for the same discharge. Prohibits persons who knowingly fail to provide notice of any discharge to the U.S. Government from being entitled to any of the defenses to liability under such Act. Directs (currently, authorizes) the President to arrange for the removal of oil or hazardous substances discharges on U.S. navigable waters, shorelines, or waters of the contiguous zone. Revises provisions concerning liability for removal costs to make responsible parties jointly and severally liable for: (1) all removal costs incurred by the U.S. Government or a State; (2) any removal costs incurred by any other person, consistent with the National Contingency Plan; and (3) all damages for economic loss or loss of natural resources resulting from such discharges. Makes the U.S. Government or any State liable for injuries or destruction to their respective natural resources resulting from such discharges. Requires the President or the authorized State representative to act as trustee of such natural resources to recover any damages. Prohibits double recovery for such damages. Authorizes the Secretary of the department in which the Coast Guard is operating to assess administrative penalties for certain violations of the Clean Water Act.
Bill· SJRESS.J.Res. 162 (101st)open
United States · United States Congress · 22 June 1989
Urges the Nobel Commission to consider awarding Nobel Prize recognition for achievements in the preservation of the world environment.
Bill· SJRESS.J.Res. 166 (101st)referred
United States · United States Congress · 22 June 1989
Designates the period of September 16 through October 9, 1989, as Coastweeks '89, recognizing the importance of coastal zones. Designates September 16, 1989, as National Estuaries Day and September 23, 1989, as National Beach Cleanup Day.
Bill· HRH.R. 2723 (101st)referred
United States · United States Congress · 22 June 1989
Solid Waste Compact Act of 1989 - Amends the Resource Conservation and Recovery Act to require States to submit to the Environmental Protection Agency (EPA) for approval solid waste disposal plans. Authorizes States to enter into compacts to provide for the establishment and operation of regional solid waste disposal facilities. Prohibits a compact from restricting the use of such facilities to solid waste generated in the compact region before January 1, 1991, and before the Congress consents to such compact. Requires a compact to provide that every five years after such compact has taken effect the Congress may withdraw its consent. Directs EPA to: (1) identify alternative management programs for the control of solid waste and publish technical guidance regarding the implementation of such programs; and (2) publish information that a State or compact must provide to EPA, together with requirements for facilities, if such programs are pursued as alternatives to traditional solid waste management.
Bill· HRH.R. 2699 (101st)open
United States · United States Congress · 21 June 1989
Stratospheric Ozone Protection Act of 1989 - Amends the Clean Air Act to list as class I and II substances which are known or may reasonably be anticipated to contribute to stratospheric ozone depletion. Authorizes any person to petition the Administrator of the Environmental Protection Agency (EPA) to add a chemical to such lists. Requires the Administrator to: (1) add to the class I list any substance having an ozone depletion potential greater than .15; (2) add to the class II list any substance having a significant ozone depletion potential; and (3) assign each listed substance a numerical ozone depletion potential factor, based upon a comparison with chlorofluorocarbon-11. Directs producers and importers of such substances to report annually to the Administrator on the production or import levels of such substances. Makes it unlawful to produce such substances in an amount greater than 1986 levels effective 180 days after enactment of this Act. Requires a further reduction by July 1, 1993, and makes it unlawful, effective July 1, 1996, to produce such substances for other than medical purposes. Authorizes the Administrator to promulgate rules under which persons may produce such substances in annual quantities greater than those specified under this Act if such persons obtain the rights to such production from other persons who will be subject to enforceable reductions in such substances which: (1) exceed the reduction otherwise required; (2) are greater than the annual production increase; and (3) would not have occurred in the absence of such transaction. Makes it unlawful to produce any listed substance which yields an ozone depletion potential greater than the 1986 depletion level. Requires the Administrator to promulgate regulations requiring a 95 percent reduction in ozone depletion potential of such substances by 1997. Provides that if the Administrator fails to promulgate such regulations, it shall be unlawful, effective July 1, 1997, to produce such substances in annual quantities yielding ozone depletion potentials greater than five percent of the 1986 depletion level. Directs the Administrator to promulgate regulations requiring producers of such substances to reduce production more rapidly if the accelerated schedule is necessary to protect human health and the environment or if the reduction is attainable, based on the availability of substitutes for such substances. Prohibits the importation of such substances or products using such substances, unless the exporting nation has an equivalent or more stringent production reduction program. Requires the Administrator to certify national programs, such certification to be reviewed annually. Equates imports with production when determining a manufacturer's required reductions. Directs the President to prohibit: (1) the export of technologies to produce class I substances; and (2) investment in facilities for producing such substances in nations which are not certified. Requires the Administrator to: (1) review sources containing information on potential chemicals or product substitutes and alternative manufacturing processes as replacements for class I substances; (2) report such findings to the Congress; (3) require producers to provide the EPA with their unpublished health and safety studies on chemical substitutes for such substances and notify the EPA before existing chemicals are put to significant new uses as chlorofluorocarbon and halon substitutes; and (4) annually update such review and, two years after this Act's enactment, include class II substances in such review. Directs the Administrator to promulgate rules applicable to replacements for such substances to require that processes and products that reduce overall risks to public health and the environment are used. Requires the Administrator to publish a list of prohibited substitutes and safe alternatives. Authorizes any person to petition the Administrator to add or remove a substance from such list. Makes it unlawful, after 1992, to manufacture or import any household or commercial appliance containing such substances unless such appliances have apertures that allow the removal of such substances without loss into the atmosphere. Prohibits, after 1990, the introduction of such substances into interstate commerce in pressurized containers weighing less than 15 pounds. Requires the Administrator to promulgate regulations requiring the maximum feasible reductions in the use of class I substances, including measures to: (1) recover and recycle such substances in manufacturing processes and prior to disposal of products containing such substances; (2) increase the efficiency of the use of such substances; (3) provide for the use of safe alternatives; (4) achieve reductions of at least 50 percent in the use of class I substances for servicing and repairs of household and commercial appliances and in the manufacture of products in which such substances are used as solvents or blowing agents; and (5) achieve reductions, without reduced fire safety, in releases associated with discharges of such substances from fire prevention or extinguishing equipment. Prohibits business establishments from performing services on motor vehicle air conditioners involving refrigerants, unless approved refrigerant recycling equipment is used and persons performing such services have been properly trained and certified. Applies such requirement three years after this Act's enactment to establishments which performed service on fewer than 100 air conditioners during 1990. Requires such establishments to certify to the Administrator that they meet such requirements or serviced fewer than 100 air conditioners during 1990. Requires containers of listed substances to bear labels stating that such substances harm public health and the environment by destroying the ozone layer and disrupting the climate.
Bill· HRH.R. 2708 (101st)open
United States · United States Congress · 21 June 1989
Federal Facilities Radioactive Waste Control Act - Amends the Solid Waste Disposal Act to provide that source, special nuclear, or byproduct materials generated at Federal facilities which are mixed with hazardous wastes listed under such Act shall be subject to regulation under such Act for hazardous waste constituents and the Atomic Energy Act of 1954 for radioactive constituents.
Report· Rapport d'information1988-396introduced
France · Senate · 20 June 1989
Mission d'information sur la situation matérielle et professionnelle des personnels soignants non médecins des établissements hospitaliers publics, privés et privés à but non lucratif, ainsi que sur la qualité de la vie en milieu hospitalier et les moyens de les améliorer
Bill· SS. 1210 (101st)open
United States · United States Congress · 20 June 1989
National Sediment Contamination Survey Act of 1989 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to conduct a comprehensive national survey of bottom sediment contamination in all lakes, rivers, harbors, estuaries, and streams of the United States and report findings to the Congress. Authorizes appropriations.
Law· SJRESS.J.Res. 159 (101st)enacted
United States · United States Congress · 20 June 1989
Designates April 22, 1990, as Earth Day for public activities that promote global environmental preservation.
Bill· HRH.R. 2695 (101st)open
United States · United States Congress · 20 June 1989
Emergency Response Equipment Inventory Act of 1989 - Amends the Federal Water Pollution Control Act to direct the National Response Center (NRC) to establish, maintain, and annually revise a nationwide computerized listing of emergency response resources which are available to, and appropriate for use by, the National Response Team (NRT) in responding to: (1) discharges and substantial threats of discharge of oil which are within the scope of the National Oil and Hazardous Substances Pollution Contingency Plan; and (2) releases and substantial threats of release of hazardous substances, pollutants, and contaminants within that scope. Directs the NRC to provide continuous access to such information to regional response teams and centers, on-scene coordinators, and all State and local government officials responsible for directing responses to such discharges or releases. Requires the head of each Federal agency having a representative on the NRT to ensure that all such individuals have ready accessibility to all relevant, unclassified data. Directs the President to take such actions as may be necessary to encourage appropriate international organizations to establish an international inventory of emergency response resources.
Bill· SS. 1200 (101st)referred
United States · United States Congress · 19 June 1989
Noxious Weed Control Act - Requires each Federal agency to: (1) designate an office to develop and coordinate a program for undesirable plant species management; (2) enter into cooperative management agreements with State and local agencies; and (3) complete an environmental plant containment assessment.
Bill· HRH.R. 2670 (101st)referred
United States · United States Congress · 15 June 1989
Directs the Administrator of the Environmental Protection Agency to make grants to the State of Washington Puget Sound Water Quality Authority or its successor for use in: (1) implementing and updating the Puget Sound Water Quality Management Plan; (2) implementing a program for ambient monitoring of the water quality of Puget Sound; (3) supporting research which will increase understanding of Puget Sound and human impacts on the Sound; and (4) conducting other activities related to improving the water quality of Puget Sound. Limits Federal funding to no more than 75 percent of the costs of grant activities. Requires the Authority or its successor to report to the Administrator by January 31 of each year on the grant activities of the preceding year. Authorizes appropriations.
Bill· HRH.R. 2676 (101st)referred
United States · United States Congress · 15 June 1989
Solid Waste Prevention Act - Directs the Administrator of the Environmental Protection Agency to establish within the Office of Research and Development a program to support the development of technologies and other means of assisting State and local governments in preventing solid wastes. Requires the Administrator, through grants, contracts, or other means, to emphasize research into: (1) developing improved solid waste prevention and recycling technologies and methods; (2) determining types of materials and packaging that could be recycled more easily; and (3) identifying markets for recycled materials. Directs: (1) 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 their programs and determine ways in which they could be improved; and (2) each State or local government receiving such a grant to report to the Administrator on the results of such research. Specifies that such grants, in combination with any other Federal funds, shall not exceed 50 percent of the costs of any project assisted under this Act. Requires the Administrator to: (1) disseminate to the public and private sectors information obtained from solid waste prevention research or State evaluation research grants; (2) provide technical assistance to State and local governments; and (3) submit to the Congress, by January 1, 1991, and annually thereafter, a report describing program accomplishments, identifying and ranking technical or other management actions that could be taken by State and local governments according to their cost and effectiveness in preventing solid wastes, and outlining future research needs. Authorizes appropriations for FY 1990 through 1994.
Bill· HRH.R. 2654 (101st)referred
United States · United States Congress · 15 June 1989
Taxpayer and Environment Protection Act of 1989 - Amends the Internal Revenue Code to deny any deduction for loss from abandonment of a nuclear power plant if: (1) the taxpayer constructed or purchased such nuclear power plant which was granted a full power operating license by the Nuclear Regulatory Commission; (2) such taxpayer abandoned the plant; and (3) a State utility regulatory body permits the taxpayer any rate increase directly or indirectly related to such abandonment or sale. Provides that a transitional rule with respect to tax-exempt bond provisions under the Revenue Act of 1987 shall not apply to any bond unless the proceeds from the issuance of such bond are to be used to finance the acquisition of an operating facility.
Question· Kleine Anfrage11/4802open
Germany · German Bundestag · 15 June 1989
Lieferung von Anlagen zur Aufarbeitung von HCH-Rückständen aus der Lindan-Produktion an Spanien, Freisetzung von Dioxinen durch diese Anlagen, grundsätzliche Genehmigungspflicht für Exporte von Chemieanlagen
Bill· SS. 1178 (101st)open
United States · United States Congress · 14 June 1989
Marine Protection Act of 1989 - Title I: Water Quality Protection Programs - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency, within 18 months of this Act's enactment and biennially thereafter, to designate all estuaries and coastal waters which are experiencing a general degradation of environmental conditions and do not support a balanced, indigenous population of fish and wildlife or allow for recreational activities in and on the water. Outlines elements to be considered in making such designations and requires the Administrator to conduct studies, research, and assessments, as necessary. Directs the Administrator to consider designations of specific estuaries and waterbodies. (All are currently listed as priority considerations under the Federal Water Pollution Control Act, with the exception of Casco Bay, Maine.) Authorizes the Governor of any State to nominate to the Administrator an estuary or coastal waterbody within such State for designation. Requires the Chesapeake Bay to be treated as a designated coastal waterbody pursuant to this Act. Directs the Administrator or, under certain circumstances, an approved State to: (1) exercise authorities concerning discharges to coastal waters and a prohibition on discharges of sewage from vessels pursuant to the Federal Water Pollution Control Act; (2) issue permits for industrial and municipal discharges of storm water to such waters; (3) consider prohibiting the specification of a designated area as a disposal site; (4) require public treatment works discharging to such waters to develop and enforce facility specific programs for the pretreatment of industrial wastes; and (5) conduct an assessment and prepare a management program for the watershed of a designated waterbody for States without approved programs. Applies such requirements to estuaries and coastal waterbodies designated after January 1, 1989. Makes technical amendments to provisions concerning management conferences, grants, and reporting requirements for the National Estuary Program. Authorizes the Administrator to require any person whose alleged activities cause or contribute to pollution to file a report concerning pollution prevention or reduction practices with the Administrator. Authorizes appropriations for FY 1990 through 1993. Requires penalties paid as a result of enforcement actions for violations of this Act to be deposited into the Estuaries Protection Fund. Directs the Administrator, in the case of any waterbody designated after January 1, 1989, to issue or renew a permit only if the applicant demonstrates: (1) a need to discharge to the designated waterbody based on a showing of the full utilization of waste minimization practices and the lack of alternative disposal options; and (2) that a proposed new discharge or an increase in volume or toxicity of an existing discharge will be offset by a decrease in other discharges and result in no net increase in pollutant loading to the waterbody. Applies such requirements to all new and existing discharges (except for existing discharges composed entirely of storm water). Authorizes the Administrator to modify such requirements, with respect to existing dischargers, if the owner or operator of a point source shows that such requirements will: (1) represent the maximum use of technology within the economic capability of the owner or operator; and (2) result in reasonable further progress toward the elimination of the discharge of pollutants. Requires applicants for Federal flood insurance for activities which may result in discharges or pollution to navigable waters to certify that such discharges will comply with applicable provisions of the Federal Water Pollution Control Act. Directs the Administrator to: (1) establish a national registry of coastal land; and (2) list such land in the registry based on submission of a completed application by the property owner. Provides that inclusion of land in the registry shall be at the sole discretion of the land owner. Directs the Administrator to operate a program to provide registrants of coastal land with informational and educational materials concerning: (1) land management and related practices to prevent water pollution and protect habitat; (2) activities and measures to protect aquatic life, wildlife, and significant natural features of land or natural resources; (3) the activities of Federal, State, and local agencies to protect coastal waters; and (4) the various requirements of Federal and State laws concerning land management, discharges to water, and other related activities. Permits the Administrator, at the request of a State Governor, to delegate operation of such program to a State agency. Requires the Administrator to publish periodically a National Coastal Registry document summarizing the listed land and to provide a copy to any applicant. Authorizes local public agencies or organizations, beginning on August 4, 1989, to take actions to implement a State management program for coastal waters without the State's approval if such State has failed to submit an approved program. Includes within the list of programs to receive priority consideration for grant assistance programs to control nonpoint source pollution of designated waters. Requires the Administrator to prohibit the discharge from a vessel of sewage into any designated waterbody. Directs the Administrator to: (1) study the availability of adequate facilities for the safe and sanitary removal and treatment of sewage from vessels operating on coastal waters; and (2) report and make recommendations to the Congress on such study to assure that such facilities are reasonably available. Requires States in which a municipality discharges overflows from combined storm water and sanitary sewers into coastal waters to submit biennially to the Administrator an inventory of such discharges which shall: (1) identify the location of each discharge and the affected waterbody; (2) identify the municipal entity responsible for the discharge; (3) identify the estimated volume and pollutant loading of the discharge over a one-year period; (4) assess the proportion of the volume of the combined discharge to the volume capacity of the appropriate treatment works over a specified time period; (5) assess the potential to eliminate the discharge through flow reduction methods; and (6) identify the nature and status of any existing programs to eliminate discharges. Directs such municipalities to submit to the Administrator a program for the elimination of such discharges. Outlines program requirements and procedures for approval and modification. Makes municipalities which fail to implement such programs subject to penalties. Directs the Administrator to modify or issue permits for discharges of combined storm water and sanitary sewers by such municipalities to set forth a schedule for treatment. Requires the Administrator to publish guidance describing best management practices and other measures for the elimination of combined storm water and sanitary sewer overflows. Provides for the establishment of a water pollution control revolving fund for States which implement a combined storm water and sanitary sewer elimination program. Requires certain assistance to be provided only for development of such programs. Directs the Administrator, in allocating such assistance, to give priority to municipalities discharging into coastal waters. Limits the amount of Federal funding for such programs to 75 percent of the total cost of a project. Directs the Administrator to promulgate numeric coastal water and sediment quality standards for pollutants for which certain criteria have been published under the Federal Water Pollution Control Act. Authorizes any person to petition the Administrator for the development of additional criteria. Provides that State standards shall take precedence over Federal standards, unless the Federal standard pursuant to this Act is more stringent or protective of human health and the environment. Authorizes State Governors to petition the Administrator for lower numerical standards if proven that such standards will assure an equal degree of protection of human health and the environment and are appropriate because of significant differences in the biological, physical, and chemical characteristics of the waters in question and U.S. coastal waters. Permits the Administrator to comply with requirements to establish sediment quality standards by establishing a scientific method, to be approved by the EPA Science Advisory Board, to convert numerical water quality standards to numerical sediment quality standards. Prohibits the issuance of permits for discharges into the territorial sea, the waters of the contiguous zone, the oceans, or coastal waters if the Administrator determines that a discharge will: (1) prevent the protection and propagation of a balanced, indigenous population of fish and wildlife and will not provide for recreation in and on the water; or (2) prevent the attainment of standards established pursuant to this Act. Deems regulations creating exemptions to ocean discharge requirements to be invalid. Title II: Marine Sediment Contamination - Requires the Administrator to provide that criteria for any pollutant address coastal sediment to an extent adequate for the development of sediment standards. Amends the Marine Protection, Research, and Sanctuaries Act to set forth permit requirements for contaminated dredge material. Directs the Administrator to publish a description of best management practices for the dredging, transport, and disposal of contaminated dredge material. Prohibits the issuance of a general permit for such material. Permits States to adopt criteria and regulations relating to ocean dumping if such criteria and regulations are more stringent and protective of waters than those issued pursuant to such Act. Directs the Administrator to develop and implement site management plans for designated ocean dumping sites. Provides for: (1) the review and redesignation, if necessary, of such sites every five years; and (2) public comment on such designations. Revises general permit provisions for ocean dumping. Limits general permits to a period of two years. Directs the Administrator to revise guidelines to require permit applicants to dispose of dredge or fill material in coastal waters to establish whether such material contains pollutants in excess of concentrations established in sediment standards. Directs the Secretary of the Army to deny any such permit if such material is contaminated and the disposal site is located within an area designated as a priority estuary or coastal waterbody pursuant to this Act. Title III: Other Provisions - Requires the Administrator to report to the Congress on the extent and seriousness of airborne disposition of contaminants in coastal waters. Directs the Administrator to: (1) conduct research and monitoring, as necessary, to identify currently unregulated pollutants in the estuarine zone and coastal waters not addressed under the Federal Water Pollution Control Act; and (2) report and provide a plan to the Congress for controls of such pollutants. Requires the Administrator to report to the Congress on the potential use of microorganisms to degrade organic materials or chemical pollutants in municipal or industrial wastes both before and after disposal in the marine environment.
Bill· SS. 1189 (101st)open
United States · United States Congress · 14 June 1989
Coastal Zone Improvement Act of 1989 - Establishes the Office of Ocean and Coastal Zone Management in the National Oceanic and Atmospheric Administration to succeed the Office of Ocean and Coastal Resource Management. Grants the Office responsibility for all functions exercised under the Coastal Zone Management Act of 1972 and related laws dealing with coastal zone management and all functions of the Office of Ocean and Coastal Resource Management. Amends the Coastal Zone Management Act of 1972 to require State coastal zone management agencies to submit to the Secretary of Commerce Coastal Water Quality Improvement Plans. Requires Plans to: (1) designate as coastal waters of outstanding national significance coastal waters with important ecological, recreational, or esthetic values; and (2) identify, and establish a priority ranking for, coastal waters that cannot be reasonably expected to maintain any applicable water quality standards under the Federal Water Pollution Control Act. Sets forth plan approval and modification procedures. Requires the Secretary, if a State has failed to submit or implement an approved Plan, to withdraw any financial assistance under this Act. Permits the Secretary, in such instances, to reduce grants for State coastal zone management programs to 80 percent of the amount that would otherwise be available to such State. Requires States to consult with appropriate State agencies and the Environmental Protection Agency to determine the need to extend the inland boundary of a coastal zone to manage more effectively the lands whose uses affect coastal waters. Directs the Secretary to provide technical assistance to State and local governments in developing and implementing Plans. Requires the Secretary to promulgate regulations governing the incorporation of conservation and management plans developed under the Federal Water Pollution Control Act into management programs approved under this Act. Directs State coastal zone management agencies to appoint representatives to management conferences convened under the Federal Water Pollution Control Act. Requires the Secretary to make grants to coastal States with approved programs to cover at least 80 percent of the costs incurred in fulfilling this Act's requirements. Revises congressional policy provisions of the Coastal Zone Management Act of 1972 to set forth policy concerning global warming, sea level rise, and land subsidence. Directs the EPA Administrator to: (1) develop, as part of the Plan, a Regional Coastal Ocean Monitoring and Assessment Strategy; and (2) submit such Strategy to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries. Requires the Strategy to define, and develop recommendations for implementing, a Regional Coastal Ocean Monitoring and Assessment Program to complement the existing National Status and Trends Program. Authorizes appropriations.
Bill· SS. 1179 (101st)open
United States · United States Congress · 14 June 1989
Comprehensive Ocean Assessment and Strategy (Coast) Act of 1989 - Directs the Administrator of the Environmental Protection Agency (EPA) to designate marine areas which are in need of protection. Sets forth criteria to be considered in such designations, including: (1) the status and effects of pollutants and floatables found in the water and marine resources; (2) loss of coastal habitat; and (3) anticipated increases in pollutants and floatables in the area. Requires the Administrator to designate as a marine area in need of protection: (1) any area of the marine environment for which a State's most recent Water Quality Inventory, prepared pursuant to the Federal Water Pollution Control Act, reported that the waters did not meet water, sediment, and living marine resource biological quality standards; (2) any estuary for which a management conference has been convened pursuant to the National Estuary Program. Directs the Administrator, in designating any area, to: (1) specify the reason for, and sources of, pollution resulting in the designation; and (2) submit to the Congress an analysis of each designated area which assesses trends, identifies research and monitoring needs, and describes actions and strategies. Amends the Federal Water Pollution Control Act to require States to submit to the Administrator individual management strategies for designated areas. Requires such strategies to include water quality effluent limitations, nonpoint source management, and monitoring programs for permittees. Directs the Administrator to develop plans for States that fail to do so. Requires the Administrator to convene management conferences for estuaries which are designated as marine protection areas and are located in more than one State. Directs the Administrator to submit to the Congress a Marine Environment Toxics Release Inventory Assessment and Strategy to: (1) analyze industrial categories of sources and receiving waters of toxic discharges into the marine environment and into publicly owned treatment works which discharge into such environment; and (2) identify sources which discharge the greatest amount of toxic chemicals on the Inventory, and the greatest amount of the most toxic chemical; and (3) identify the geographical areas receiving the greatest amount of discharges from such chemicals. Provides that the Strategy shall contain the Administrator's plan for using Assessment information to improve the EPA's marine environment programs. Includes criteria for marine water, sediment, and resource biological quality within criteria required to be published for water quality standards under the Federal Water Pollution Control Act. Directs the Administrator to: (1) submit a schedule for the development of such criteria to specified congressional committees; and (2) develop or revise criteria for specified pollutants. Requires States to establish numerical standards for pollutants to prevent degradation of the marine environment. Directs the Administrator to establish such standards for States which fail to do so. Prohibits the issuance of permits for discharges into the marine environment if found that such discharges can be expected to result in the degradation of the environment or are likely to prevent the attainment of standards pursuant to this Act. Requires the Administrator to revise guidelines for determining degradation of waters. Includes within the list of programs to receive priority consideration for grant assistance programs to control nonpoint source pollution of waters designated under this Act. Directs the Administrator to: (1) provide technical assistance to the Secretary of Agriculture in utilizing the Secretary's authorities to reduce cropland sources of nonpoint source pollution of the marine environment; (2) identify those lands which, if enrolled in the Conservation Reserve Program, would contribute to protection of water quality and the marine environment by reducing such pollution; and (3) furnish a list of such lands to the Secretary for establishing priorities for expenditures under the Program. Requires the Secretary to provide the Administrator with actions in response to such list. Directs the Administrator to: (1) publish regulations to eliminate marine combined sewer overflows; and (2) publish guidance on additional measures to bring such overflows into compliance with this Act. Requires such guidance to identify monitoring standards designed to characterize and evaluate water quality impacts of discharges and determine compliance with permit requirements. Directs States with such overflows to submit biennially to the Administrator an inventory of discharges which shall: (1) identify the location of each discharge and the receiving waterbody; (2) identify the entities which operate the overflow system; and (3) determine whether each discharge point is permitted and in compliance with this Act. Requires permitting authorities to: (1) establish a schedule to bring each discharge point into compliance with this Act; and (2) establish priorities for issuing permits and controlling discharges. Directs municipalities or publicy owned treatment works to submit to the Administrator or, under certain circumstances, a State a permit program for the elimination of such discharges. Outlines program requirements and approval procedures. Makes owners or operators of sewer operators without permits subject to penalties. Directs the Administrator or a State, when determined that a publicly owned treatment works discharges toxic pollutants contributing to the degradation of the marine environment or in violation of marine water, sediment, or resource standards, to require the treatment works to establish or revise a pretreatment program to eliminate pollutants contributing to such degradation. Requires the Administrator to: (1) develop and test guidelines for treatment works to identify the sources of toxics in waste waters; and (2) establish a data base of identified sources. Directs the Administrator and the Under Secretary of Commerce for Oceans and Atmosphere to: (1) implement a joint program of research and monitoring to determine the effects of atmospheric pollutants on degradation of the marine environment; and (2) report biennially to specified congressional committees on such program. Requires the Administrator to: (1) establish a nationwide system for monitoring and quantifying the accumulation of floatables along coastal shorelines and waterways and the costs of cleanup of floatables; and (2) report annually to the Congress on such program. Directs the Administrator to promulgate protocols for monitoring water, sediments, and living marine resources in the marine environment. Provides for the use of whole effluent biological toxicity testing in such monitoring. Directs the Under Secretary to study the nature of any relationship between contact with pollutants in the marine environment and shellfish consumption with the incidence of human illnesses. Requires the Administrator to report to specified congressional committees on such study. Directs the Under Secretary to study and report to the Congress on: (1) a quantification of economic impacts caused by marine degradation; and (2) the impact that enhanced nitrogen levels in the marine environment may have on stimulating toxic algal blooms. Requires the Under Secretary to establish a Marine Environment Information Center to compile, analyze, and disseminate information on marine degradation and protection. Directs the Administrator and the Under Secretary to study and report to the Congress on activities of Federal agencies that may result in degradation of the marine environment, along with recommendations to reduce such degradation. Requires Federal agencies to take actions to minimize such degradation and to evaluate the potential effects of any actions on the marine environment. Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to require fines under the Federal criminal code (currently, fines up to $50,000) or imprisonment of up to five (currently, one) years, or both, for ocean dumping violations. Authorizes appropriations. Limits the amount of grants to any State for the implementation of management strategies under this Act to 50 percent of the total cost of the program. Amends the Federal Water Pollution Control Act to provide for the establishment of a water pollution control revolving fund for States for implementing management strategies under this Act and marine combined sewer overflow correction programs. Requires certain assistance to be used only for implementation of approved marine combined sewer overflow elimination permits. Directs the Administrator to give priority for assistance to municipalities discharging into marine areas designated under this Act. Limits such grants to 50 percent of the total cost of a project.
Bill· SS. 1181 (101st)referred
United States · United States Congress · 14 June 1989
Consumer Products Recovery Act of 1989 - Amends the Solid Waste Disposal Act to require producers or importers of lubricating oil to recycle, through methods specified under this Act, 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 of the Environmental Protection Agency. 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. 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 until 1999. 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 places 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 contaminated with hazardous wastes or substances above de minimis levels; (3) transporters to obtain an identification number from the Administrator and to keep certain records; (4) owners or operators of recycling facilities to be the only persons to create a recycling credit for the recycling credit system; (5) recyclers to certify that the substance being recycled is uncontaminated used oil; (6) oil proposed to be recycled to have come from a used oil collection place or a transporter with an identification number; (7) specified records to be kept by recyclers and by importers or producers; and (8) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, hazardous waste fuel, or re-refined oil. Allows used oil re-refiners to exclude between 15 and 25 percent of re-refined oil from recycling requirements. 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 submit to the Congress a plan for the recycling of certain commodities, including daily newspapers, used tires, lead acid batteries, pesticide containers, antifreeze, and specified volatile organic compounds. Requires such plan to include an incentive-based method for accomplishing such recycling. Directs the Administrator to implement such plan with respect to one commodity and with respect to an additional commodity each year thereafter. Provides that if used oil is identified as a hazardous waste under the Solid Waste Disposal Act, any fuel derived from such oil shall not be considered to be a hazardous waste after being reprocessed at a permitted facility. Requires persons who package lubricating oil to label such packages with a hazardous substance warning label and to include a telephone number for information on area recycling. Directs the Administrator to promulgate regulations requiring States to develop plans for making information about used oil recycling available to the public. Requires the Administrator to establish a toll-free telephone line for information on State used oil recycling programs. Makes certain regulations proposed in the Federal Register on November 29, 1985, effective with respect to used oil management if the Administrator fails to promulgate regulations under this Act. Authorizes appropriations.
Bill· HRH.R. 2647 (101st)open
United States · United States Congress · 14 June 1989
Title I: General Provisions - Coastal Defense Initiative of 1989 - Sets forth congressional findings and definitions. Title II: Coastal Water Quality - Directs the Administrator of the Environmental Protection Agency to promulgate numeric water quality standards for pollutants for which certain information has been published under the Clean Water Act. Requires such criteria to ensure the protection of public health and wildlife habitats, the propagation of a balanced, indigenous population of fish, shellfish, and wildlife, and recreation in and on coastal waters. Provides for the promulgation of additional criteria for pollutants which contribute to the degradation of coastal water quality. Provides that State criteria that are more protective of human health or the environment shall take precedence over national criteria. Authorizes Governors of coastal States to petition the Administrator to establish less stringent criteria if demonstrated that such criteria will achieve the designated uses of the water body and are justified because of the physical, chemical, or biological characteristics of such water. Requires the Administrator to grant such petitions if the proposed criteria will achieve the same level of protection as the national criteria. Authorizes any person to petition the Administrator to develop criteria for a pollutant. Directs the Administrator to develop and publish criteria and information on: (1) sediment quality for coastal waters; (2) marine and estuarine biological integrity; and (3) such other indices determined to complement the criteria published under the Clean Water Act. Requires Governors of coastal States to identify coastal waters: (1) for which applicable water quality standards cannot reasonably be anticipated to be achieved or maintained; and (2) which are currently achieving such standards but are threatened by foreseeable increases in pollution loadings from new or expanding sources. Directs such Governors, acting through State water pollution control authorities, to develop individual control strategies to: (1) identify the principal sources of pollutants from point and nonpoint sources; (2) establish the total maximum daily load of pollutants determined to contribute to the failure of waters to achieve or maintain water quality standards; (3) allocate among such sources the necessary reductions in loadings to achieve and maintain such standards and provide an implementation schedule for achieving such reductions; and (4) provide for a system for allocating and exchanging discharge credits and pollution offsets. Requires such control strategies to be submitted triennially to the Administrator for approval. Directs Governors to certify that permit renewals for point sources and land use activities in coastal zones are consistent with strategy requirements. Requires Governors of coastal States or the Administrator to designate outstanding coastal resource waters with particular ecological, recreational, or esthetic value, taking into account fisheries and shellfish resources, habitat, and recreational uses. Provides for petitioning and appeals of such designations. Directs such Governors to revise the continuing planning process to ensure that water quality and ecological integrity of State coastal waters will be maintained and protected. Amends the Clean Water Act to prohibit the issuance or renewal of permits for discharges into certain estuaries, outstanding resource waters designated under this Act, the territorial sea, or the exclusive economic zone unless the Administrator or a State determines that: (1) the need for the discharge and the lack of reasonable alternatives; and (2) that the discharge will not inhibit the protection of public health and wildlife habitat, the propagation of a balanced, indigenous population of fish, shellfish, and wildlife, or recreation in and on the water. Authorizes State Governors to request the Secretary of the department in which the Coast Guard is operating to enter into a cooperative agreement to permit a State or its political subdivision to enforce requirements for marine sanitation devices. Requires such agreements to authorize States or political subdivisions to assess and retain required penalties. Increase the amount of appropriations authorized to be appropriated for the National Estuary Program. Title III: Coastal Management - Amends the Coastal Zone Management Act of 1972 to require State agencies designated to carry out approved coastal zone management plans to submit coastal water quality protection plans to the Secretary of Commerce for approval. Sets forth provisions for plan approval and resubmission of disapproved plans. Limits Federal assistance to States that fail to submit plans. Authorizes the Secretary to approve plans that: (1) identify major land uses which may cause or contribute significantly to violations of marine water quality standards or impair existing uses of such waters; (2) establish and periodically revise model ordinances and regulations for use by State and local authorities for encouraging best land use management practices for preventing or reducing coastal water pollution; (3) encourage and assist local governments in implementing such ordinances; (4) contain enforceable review and certification policies; (5) establish a schedule of pollution reduction goals; (6) improve coordination between State and local agencies and officials for land use planning and permitting, water quality permitting and enforcement, and public health and safety; and (7) modify State boundaries as necessary to manage such activities. Applies such plans to coastal areas in which marine water quality standards are not being achieved, or are being met but are identified as threatened. Requires the Under Secretary for Oceans and Atmosphere to provide technical assistance to States and local governments in developing and implementing such plans. Directs the Administrator to review the inland coastal zone boundary of each State program to evaluate whether such boundary extends inland to the extent necessary to control land and water uses having a significant impact on State coastal waters. Requires the Administrator to recommend appropriate boundary modifications to the Secretary and the State if such modifications are necessary to manage better land and water uses and to protect water quality. Directs the Secretary, to promote coordination between the National Estuary Program and the Coastal Zone Management Program, to issue regulations governing the incorporation of Comprehensive Conservation and Management Plans under the Clean Water Act into State management programs under the Coastal Zone Management Act. Requires State agencies responsible for administering coastal zone management programs to designate representatives for each management conference convened under the Clean Water Act that includes coastal lands and waters. Deems Comprehensive Conservation and Management Plans in compliance with regulations under this title to be approved as components of a State's coastal zone management program. Title IV: National Coastal Monitoring Program - Establishes a National Coastal Environmental Monitoring Task Force. Requires the Task Force to establish uniform protocols to: (1) assess long-term conditions and trends; (2) assist in the development of regulatory programs to restore and protect coastal water quality; and (3) assess the effectiveness of coastal protection programs. Provides for the periodic review of such protocols. Requires the Task Force to authorize regional monitoring teams to develop regional coastal environmental monitoring plans to: (1) identify the current environmental conditions of coastal waters; (2) establish a sound technical basis for coastal environmental management decisionmaking; (3) incorporate standardized methods for sampling, analysis, and data management; (4) make better use of funds available for such monitoring; and (5) involve the public as full participants. Directs the Task Force to publish criteria for selecting coastal regions that may be eligible for the development of regional programs. Requires the Task Force to designate such regions and teams. Sets forth plan requirements and approval and modification procedures. Authorizes the Under Secretary to develop the plan if a regional team fails to do so. Incorporates monitoring requirements into: (1) the Marine Protection, Research, and Sanctuaries Act of 1972; (2) approved State coastal zone management plans; and (3) appropriate discharge permits. Establishes within the National Oceanic and Atmospheric Administration the National Coastal Monitoring Data Center. Requires the Under Secretary to examine existing Federal and State monitoring data management systems and issue guidance for the development of compatible systems. Makes available to the public all data maintained at the Center. Title V: Compliance and Enforcement - Directs the Administrator to provide to Federal agencies a list of persons discharging pollutants into coastal waters who have been found to be: (1) in significant noncompliance with discharge permits issued pursuant to the Clean Water Act; or (2) in violation of requirements established in management programs or conferences pursuant to such Act. Provides for the semiannual revision of such list. Prohibits Federal agencies from contracting with such persons for the procurement of goods, materials, or services if the contract is to be performed at any facility owned, leased, or operated by such persons. Prohibits Federal agencies from approving any project or awarding any grant for an activity that may adversely affect coastal water quality or coastal land and water use to any coastal State found to have: (1) demonstrated a pattern of continuing failure to achieve and maintain applicable marine water quality standards; or (2) failed to implement and enforce an approved comprehensive estuary management plan pursuant to the Clean Water Act. Waives sovereign immunity for purposes of enforcing any requirement of this Act or the Clean Water Act against any Federal agency discharging pollutants into coastal waters. Authorizes the Administrator to commence an administrative enforcement action against any executive department to enforce this Act. Requires Federal agencies which own or operate facilities that discharge into coastal waters (and that would otherwise qualify as major dischargers) to submit to the Administrator plans to carry out environmental audits of such facilities and to correct any incident of noncompliance with requirements of this Act or the Clean Water Act. Provides for biannual audits during the first year of plan implementation and periodically thereafter as determined by the Administrator. Requires industrial facilities found to be in significant noncompliance with a discharge permit to conduct such audits on a quarterly basis until the condition giving rise to the finding has been corrected and the facility is no longer in violation of applicable requirements. Directs major dischargers to provide certifications by environmental auditors prior to renewal of a discharge permit. Requires audits to be conducted by independent auditors unless the Administrator determines that the permittee has an internal auditing program consistent with applicable regulations. Directs the Administrator to: (1) issue regulations on such auditing and guidance for certification procedures; (2) convene a forum of interested professional organizations to identify eligibility requirements for certification and continuing education of such auditors; and (3) publish a list of auditors qualified to meet such guidelines. Permits dischargers, upon the development of a program consistent with such guidelines by a State, to select an auditor from the State list. Requires penalties assessed against dischargers under the Clean Water Act to be no less than an amount that eliminates economic benefit or savings that may have accrued to such person as a result of the violation. Makes a conforming amendment to the Marine Protection, Research, and Sanctuaries Act of 1972. Requires States having coastal waters that do not meet applicable water quality standards to post and maintain signs at each place of public access to such waters indicating the standards such water body does not meet. Deems violations of this Act to be violations of title I of the Marine Protection, Research, and Sanctuaries Act. Title VI: Funding - Establishes the Coastal Defense Fund (Fund). Directs the Administrator and the Under Secretary to make grants from the Fund to coastal States that: (1) establish their own coastal resources protection fund into which such grants will be deposited; (2) agree to deposit into such fund all receipts from coastal effluent charge systems; (3) agree to make grants and other expenditures from such funds; and (4) agree to undertake periodic accounting and reporting procedures. Outlines specific criteria to be considered by the Administrator and the Under Secretary in determining grant amounts. Allocates Fund moneys. Requires the Administrator to establish a National Coastal Effluent Charge System to: (1) provide economic incentives to coastal dischargers to eliminate or reduce the volume or toxicity of effluents; (2) raise $100,000,000 for the Fund; and (3) supplement existing public funding for Federal, State, and local coastal environmental quality programs. Directs the Administrator to establish a schedule of charges to be assessed annually against each coastal discharger. Establishes minimum and maximum amounts to be paid. Provides for a special hardship exemption under specified conditions. Sets forth deadlines for the assessments of such charges by the Administrator and States. Authorizes a coastal State to petition the Administrator for exemptions to the national charge system if such State currently requires fees similar in scope and purpose to the national system. Directs significant industrial users of publicly owned treatment works to pay annual charges based on pollutants authorized to be introduced into such works as determined by the Administrator's schedule of charges. Requires municipal authorities to retain charges paid by such users to implement and enforce requirements under this Act, the Clean Water Act, and the Coastal Zone Management Act of 1972. Bases initial charges on relevant variables in the discharge permit. Provides for modifications of such charges at the time of permit renewal. Amends the Outer Continental Shelf Lands Act Amendments of 1978 to authorize transfers from the Offshore Oil Pollution Compensation Fund to the Fund. Removes an upper limit placed on the Offshore Oil Pollution Compensation Fund. Amends the Coastal Zone Management Act to provide for the deposit into the Fund of certain unobligated funds and loan payments. Credits the following to the Fund: (1) certain penalties, fines, and other payments assessed under the Clean Water Act and the Marine Protection, Research, and Sanctuaries Act; and (2) specified Outer Continental Shelf revenues.
Bill· HRH.R. 2648 (101st)open
United States · United States Congress · 14 June 1989
Consumer Products Recovery Act of 1989 - Amends the Solid Waste Disposal Act to require producers or importers of lubricating oil to recycle, through methods specified under this Act, 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 of the Environmental Protection Agency. 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. 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 until 1999. 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 places 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 contaminated with hazardous wastes or substances above de minimis levels; (3) transporters to obtain an identification number from the Administrator and to keep certain records; (4) owners or operators of recycling facilities to be the only persons to create a recycling credit for the recycling credit system; (5) recyclers to certify that the substance being recycled is uncontaminated used oil; (6) oil proposed to be recycled to have come from a used oil collection place or a transporter with an identification number; (7) specified records to be kept by recyclers and by importers or producers; and (8) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, hazardous waste fuel, or re-refined oil. Allows used oil re-refiners to exclude between 15 and 25 percent of re-refined oil from recycling requirements. 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 submit to the Congress a plan for the recycling of certain commodities, including daily newspapers, used tires, lead acid batteries, pesticide containers, antifreeze, and specified volatile organic compounds. Requires such plan to include an incentive-based method for accomplishing such recycling. Directs the Administrator to implement such plan with respect to one commodity and with respect to an additional commodity each year thereafter. Provides that if used oil is identified as a hazardous waste under the Solid Waste Disposal Act, any fuel derived from such oil shall not be considered to be a hazardous waste after being reprocessed at a permitted facility. Requires persons who package lubricating oil to label such packages with a hazardous substance warning label and to include a telephone number for information on area recycling. Directs the Administrator to promulgate regulations requiring States to develop plans for making information about used oil recycling available to the public. Requires the Administrator to establish a toll-free telephone line for information on State used oil recycling programs. Makes certain regulations proposed in the Federal Register on November 29, 1985, effective with respect to used oil management if the Administrator fails to promulgate regulations under this Act. Authorizes appropriations.
Bill· HRH.R. 2585 (101st)open
United States · United States Congress · 8 June 1989
Air Toxics Control Act of 1989 - Amends the Clean Air Act to establish a list of hazardous air pollutants. Permits any person to petition the Administrator of the Environmental Protection Agency for additions to or deletions from such list. Requires the presentation of adequate data concerning health or environmental effects for such additions or deletions. Prohibits air pollutants for which national air quality standards have been established, with specified exceptions, from being added to such list. Directs the Administrator to review and revise such list at least every five years. Requires the Administrator to list and establish emissions standards for categories of major emitting facilities. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Directs the Administrator to review and, if necessary, revise such standards at least every five years. Requires the Administrator, within four years of promulgating standards for a category, to evaluate risks to human health and the environment remaining after application of such standards. Provides for revisions of such standards for carcinogens or other pollutants not meeting emissions thresholds. Authorizes the Administrator to promulgate design, equipment, work practice, and operation standards for major emitting facilities under this Act. Directs the Administrator to promulgate such standards when it is infeasible to establish a numerical emission limitation standard for any category. Requires such standards to: (1) achieve reductions comparable to numerical emission limitations under this Act; (2) include leak prevention, detection, and correction requirements unless the Administrator finds such requirements infeasible or unnecessary; (3) require owners or operators of major emitting facilities to carry out annual safety inspections to locate leaks and unpermitted releases and to report the results of such inspections to the permitting authority; and (4) include procedures for monitoring or measuring emissions and for demonstrating compliance with such requirements. Authorizes the Administrator to establish a de minimis level for emissions from categories of facilities under this Act, provided that such level does not exceed 10 tons annually for any single hazardous air pollutant or 25 tons annually for a combination of such pollutants. Makes it unlawful to construct or modify a major emitting facility or to emit any pollutant subject to this Act's standards, except in compliance with a permit. Outlines the requirements of the permit program. Limits permits to five-year periods. Requires inspections of facilities for permit issuances or renewals. Authorizes the issuance of a temporary permit if a facility owner or operator certifies that the facility is in compliance with applicable standards. Requires the permitting authority to review and inspect such facility to determine whether a full permit should be issued. Requires compliance with standards by existing facilities within three years of the promulgation or revision of such standards. Exempts facilities from standards for carcinogens or nonthreshold air pollutants if a permit contains alternative emission limitations which will prevent adverse health or environmental effects. Grants extensions for permit compliance to existing facilities under specified conditions. Authorizes the President to exempt any facility from any standards for up to two years if the technology to implement such standards is unavailable and the operation of the facility is required for national security reasons. Authorizes additional two-year extensions of such exemptions. Requires the President to report to the Congress with respect to each exemption or extension. Allows exemptions from emission standards for facilities which achieved reductions of at least 95 percent from uncontrolled emissions of a hazardous air pollutant prior to proposal of the standard. Directs the Administrator to conduct an urban pollution research program to include: (1) ambient monitoring for a broad range of hazardous air pollutants in a representative number of urban locations; (2) analysis to characterize the area sources of such pollution and the health risks posed by such pollutants; and (3) consideration of factors which elevate such health risks. Requires State air pollution agencies which receive Federal grants and have responsibility for metropolitan areas with populations over 250,000 to establish monitoring programs to measure the concentrations of hazardous air pollutants. Directs the Administrator to list and promulgate emissions standards for categories of area sources of hazardous air pollutants. Establishes a timetable for the promulgation of such standards, requiring standards for all categories within eight years of this Act's enactment. Requires the Administrator to review and, if necessary, revise such standards at least every five years. Authorizes States to submit to the Administrator for approval programs for the implementation and enforcement of permits or standards concerning areas sources. Permits the transfer of the Administrator's enforcement authorities to a State. Requires the Administrator to publish guidance for use in program development. Sets forth provisions regarding approval of such programs. Requires the Administrator to review State programs at least every two years and to withdraw approval of any program if determined that a State is not administering or enforcing such program. Authorizes the Administrator to make grants to States for program development. Requires the Administrator to: (1) investigate the sources of atmospheric deposition of hazardous air pollutants on the Great Lakes and tributary waters and evaluate the adverse human health and environmental effects of such deposition; (2) report the results of such investigation to the Congress; and (3) promulgate further emissions standards or control measures necessary to prevent the effects of such deposition. Directs the Administrator to report to the Congress on the implementation of certain requirements under this Act and to maintain a database on pollutants and sources subject to provisions of this Act. Requires such report to identify specific metropolitan areas which experience high risks to human health as the result of hazardous air pollutant emissions and the sources of such emissions. Makes available to the public any information submitted to a permitting authority. Directs the Administrator to establish and maintain an air toxics clearinghouse, control technology center, and risk information center to provide technical assistance and information to States, local agencies, and the public on emissions reduction. Requires the Administrator to review and, if necessary, revise risk evaluation guidelines at least every five years. Require such evaluations to evaluate direct and indirect exposure pathways. Directs the Administrator to establish standards and procedures for the certification of persons preparing such evaluations. Requires the Administrator to publish a list of air pollutants which: (1) are emitted by motor vehicles into the ambient air or into the interior of a motor vehicle; and (2) cause or contribute to air pollution which may result in serious adverse effects to human health or the environment. Sets forth the same petitioning, review, revision, and risk evaluation procedures as those applicable to major emitting facilities. Establishes diesel particulates emissions standards for: (1) passenger vehicles and light trucks manufactured after 1991; and (2) heavy trucks and buses manufactured after 1990. Makes it unlawful, on the later of one year after this Act's enactment or January 1, 1991, to sell or introduce into commerce any leaded gasoline for use as a motor vehicle fuel. Requires the Administrator to promulgate regulations for the reduction of particulates from existing diesel buses. Permits requirements for municipal transit buses to be more stringent than those applicable to other buses. Directs the Administrator to list at least 100 substances which, as the result of an accidental release, may cause adverse human health or environmental effects. Treats liquids and gases identified by the Secretary of Transportation as toxic by inhalation as listed under this section if the Administrator fails to list 100 substances by the required deadline. Requires the Administrator to review substances which are not on such list but are listed under the Emergency Planning and Community Right-to-Know Act of 1986, this Act, and the list identified by the Secretary for possible additions to the list. Provides for petitioning and modification of such list, as appropriate. Requires the Administrator to update such list at least every five years. Directs the Administrator to: (1) establish de minimis quantities of listed substances; and (2) promulgate regulations to provide for prevention and detection of accidental releases of such substances from covered facilities and for response to such releases by owners or operators of such facilities. Requires such regulations to include monitoring, inspection, recordkeeping, storage, design, equipment, work practice, and operational requirements. Directs owners or operators of such facilities to implement risk management plans to detect and prevent or minimize accidental releases. Requires such plans to include hazard assessments, prevention programs, and response measures. Directs the Administrator to promulgate guidelines to assist in the preparation of such plans. Sets forth compliance and enforcement provisions. Requires the President to establish within the EPA an independent Chemical Safety and Hazard Investigation Board to: (1) investigate and report on accidental chemical releases; (2) propose corrective safety steps for chemical facilities; and (3) promulgate requirements for the reporting of such releases. Authorizes the Board to hold hearings, secure written reports from persons handling chemicals, obtain autopsy reports, and conduct inspections of any facility where an accidental release has occurred. Makes information obtained by the Board, with the exception of information concerning trade secrets, available to the public. Directs the Administrator to set forth reasons for any refusal to implement a recommendation of the Board. Requires the Board to report annually to the Congress on recommendations submitted to the Administrator regarding accidental releases. Authorizes appropriations. Repeals certain provisions of the Clean Air Act concerning the revision of stationary source regulations. Increases penalties for specified violations of such Act.