Environment

To amend the Solid Waste Disposal Act to improve compliance with hazardous waste laws at Federal facilities, and for other purposes.

United States · United States Congress · 8 June 1989

Amends the Solid Waste Disposal Act to state that a permit issued to a Federal facility for hazardous waste management shall be deemed to be issued to the operator and that sovereign immunity does not extend to such operator. Prohibits any Federal agency from entering into a contract with a person convicted of an offense under such Act or with any affiliate of such persons for the procurement of goods, materials, or services, if such contract is to be performed at any facility at which the violation which gave rise to the conviction occurred and if such facility is owned, leased, or supervised by such person or affiliate. Continues such prohibition until the Administrator of the Environmental Protection Agency certifies that the condition giving rise to such conviction has been corrected. Requires the President to issue an order: (1) requiring each Federal agency authorized to enter into contracts and each Federal agency empowered to extend Federal assistance by way of grant, loan, or contract to implement such prohibition in such contracting or assistance activities; and (2) setting forth procedures, sanctions, penalties, and such other provisions as the President deems necessary to carry out the requirements of such order. Permits exemptions as specified. Directs the President to report annually to the Congress on the implementation of such prohibition. Prohibits any department, agency, or instrumentality of the United States from: (1) paying any amount of a fine or penalty, or a payment under a settlement agreement, for a violation or alleged violation of such Act imposed on or agreed to be paid by any person other than the United States or an officer or employee of the United States; (2) providing counsel for any such person; or (3) providing funding for such counsel unless such person prevails or substantially prevails in the proceeding. Makes such prohibitions inapplicable to any person carrying out a contract with the United States for the operation of any U.S.-owned facility if: (1) the person notified the United States of the specific conditions which gave rise to the violation or alleged violation as soon as such person knew, or reasonably should have known, of such conditions; (2) the person could not correct the violation or alleged violation without the authorization of, or funding from, the United States; and (3) the United States has failed to provide such authorization or funding.

Comprehensive Acid Rain Enforcement Act of 1989

United States · United States Congress · 8 June 1989

Comprehensive Acid Rain Enforcement Act of 1989 - Amends the Clean Air Act to phase in, by 2004, specified nationwide reductions in annual emissions of sulfur dioxide and oxides of nitrogen from fossil fuel fired generating units and major stationary source industrial process emitters. Requires States to: (1) submit to the Administrator of the Environmental Protection Agency for approval plans establishing emissions limitations, compliance schedules, and other enforceable measures necessary for achieving required sulfur dioxide and oxides of nitrogen emissions reductions; and (2) consider, and make available for public comment, cost and employment impact information regarding the various emission control options before adopting final plans. Provides for the coordination of State plans with respect to electric utilities which serve rate payers in more than one State. Requires a State to biannually quantify its current levels of sulfur dioxide and oxides of nitrogen emissions and report its findings to the Administrator on a source-by-source basis. 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 the State in which such source is located fails to: (1) submit an implementation plan to the Administrator which is approved; or (2) enforce any requirement of its approved plan against such source. Allows State plans to provide for trading of emission reduction requirements: (1) among electric utility units within a State; (2) between electric utilities and other fossil fuel-fired generating units within a State; and (3) between electric utility units and certain other major sources within a State. Requires fossil fuel fired electric utility generating units to install and operate emissions monitoring for sulfur dioxide and oxides of nitrogen. Requires utility and non-utility fossil fuel fired generating units and major sources of process emissions to maintain, and make available to the public, records on emissions and hours of operation. Authorizes a State to extend for up to two years the date by which a stationary source which utilizes clean coal technology must meet sulfur dioxide and oxides of nitrogen emissions reduction requirements. Excuses State failures to meet emissions reduction requirements when such failures are solely attributable to such extensions or to failure to achieve anticipated reductions from approved clean coal technology projects. Prohibits the increase of annual statewide emissions of sulfur dioxide and oxides of nitrogen from fossil fuel fired electric utility generating units beyond the emissions level required to be achieved by 2004. Prohibits the early termination of any fossil fuel supply contract by reason of changed circumstances wrought by this Act or State implementation plans. Directs the Secretary of Energy and the Administrator to enter into agreements with, or provide grants to, owners or operators of major sources of air emissions to test the effectiveness and feasibility of the commercial application of clean coal technologies. Requires the utilization of technology which would be appropriate for retrofit and be no more costly in reducing sulfur dioxide and oxides of nitrogen emissions than conventional technology. Requires the Secretary to consider whether the State regulatory authority has found the utility's application of the technology to be prudent before providing the utility with assistance. Limits Federal funding to 50 percent of project costs. Exempts projects which receive assistance for the implementation of clean coal technologies from the Clean Air Act's new source performance standards. Authorizes appropriations for FY 1990 through 1993. Directs the Administrator to revise the performance standards for sulfur dioxide and oxides of nitrogen from fossil fuel fired electric utility steam generating units which commence construction or modification after 1996 so that such standards reflect emissions reduction improvements.

North American Wetlands Conservation Act

United States · United States Congress · 8 June 1989

North American Wetlands Conservation Act - Establishes a North American Wetlands Conservation Advisory Committee to advise the Migratory Bird Conservation Commission. Sets forth elements to be considered by the Committee in making recommendations for wetlands conservation projects. Requires the Committee to submit annual descriptions to the Commission and the appropriate congressional committees of projects recommended for Federal funding. Requires the Secretary of the Interior to carry out approved projects with funding available under this Act and the Federal Aid in Wildlife Restoration Act. Requires lands, waters, or other interests acquired by the Secretary to carry out such projects to be included in the National Wildlife Refuge System, except as otherwise provided in this Act. Authorizes the Secretary to convey to States or public or private agencies approved by States any real property interest acquired with funding provided by this Act, upon a finding that such interests can be better managed if not retained in the National Wildlife Refuge System. Subjects such conveyances to conditions that will ensure that the interests will be administered for the long-term conservation and management of fish and wildlife and that will provide for compatible public access and use. Directs the Secretary to grant funds to public and private entities for carrying out wetlands conservation projects in Canada and Mexico. Subjects the granting of such funds to the same conditions applicable to Federal conveyances of property interests to States. Provides that property interests acquired with such funds shall not become part of the National Wildlife Refuge System. Amends the Federal Aid in Wildlife Restoration Act to require the Secretary of the Treasury to invest in interest-bearing obligations such portion of the wildlife restoration fund not required for the current year's withdrawals. Sets forth authorized investment activities and the required use of interest held on obligations in such fund. Excludes such interest from revenues to be deducted for administrative expenses. Authorizes additional appropriations. Allocates funds made available under this Act and the Federal Aid in Wildlife Restoration Act. Limits the Federal contribution to wetlands conservation projects to 75 percent of the total cost for projects in Canada and Mexico and 50 percent for projects in the United States. Authorizes the Secretary of the Interior to: (1) make progress payments to wetlands conservation projects; and (2) enter into agreements to make payments on initial portions of such projects, subject to the availability of Federal funds. Requires law enforcement proceeds of the U.S. Fish and Wildlife Service to be deposited in a certain fund pursuant to the Refuge Revenue Sharing Act. Exempts from such requirement: (1) amounts used for rewards or costs of temporary care under the Endangered Species Act of 1973; and (2) amounts required to be deposited into the cooperative endangered species conservation fund under such Act. Requires the head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters to cooperate with the Director of the U.S. Fish and Wildlife Service to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds and fish and wildlife within such lands and waters. Directs such agencies, in the consideration of land disposal alternatives, to give priority to transfers of property for conservation purposes. Requires the Secretary to report biennially to the appropriate congressional committees on: (1) the estimated number of wetland acres and habitat that were restored, protected, or enhanced for migratory birds during such two-year period; and (2) trends in the population size and distribution of North American migratory birds. Directs the Secretary to report annually to such committees on the status of wetlands conservation projects and expenditures. Requires the Secretary, in 1991 and quinquennially thereafter, to revise the North American Waterfowl Management Plan with appropriate Canadian and Mexican officials. Prohibits funds made available under this Act and the Federal Aid in Wildlife Restoration Act from being used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act or the Water Resources Development Act of 1986. Amends the Migratory Bird Conservation Act to provide that the Administrator of the Environmental Protection Agency (in lieu of the Secretary of Transportation) shall be a member of the Commission.

projet de loi relatif au développement des entreprises commerciales et artisanales et à l'amélioration de leur environnement économique, juridique et social

France · Senate · 7 June 1989

Federal Facility Compliance Act of 1990

United States · United States Congress · 7 June 1989

Federal Facility Compliance Act of 1989 - Requires Federal agencies to perform assessments of hazardous substance releases from solid waste management units at each hazardous substance treatment, storage, or disposal facility owned or operated by such agencies after November 19, 1980. Requires such assessments to indicate whether such facilities are in compliance with specified environmental laws and to be provided to the Environmental Protection Agency (EPA) and to States in which such facilities are located. Directs the EPA Administrator to inspect such facilities annually to ensure compliance with such laws. Requires such inspections to include an analysis of groundwater monitoring. Makes inspection records available to the public. Amends the Solid Waste Disposal Act to waive sovereign immunity for Federal agencies with respect to certain requirements under such Act. Makes Federal employees subject to criminal sanctions under Federal or State solid or hazardous waste laws. Authorizes the Administrator to commence enforcement actions against Federal agencies pursuant to this Act.

AMENDMENT TO THE PROPOSAL FOR A COUNCIL DECISION RELATING TO THE IMPROVEMENT OF THE BUSINESS ENVIRONMENT AND THE PROMOTION OF THE DEVELOPMENT OF ENTERPRISES, IN PARTICULAR OF SMALL AND MEDIUM-SIZED ENTERPRISES, IN THE COMMUNITY ( PRESENTED BY THE COMMISSION PURSUANT TO THE THIRD PARAGRAPH OF ARTICLE 149 OF THE EEC TREATY )

European Union · European Commission · 7 June 1989

To require the Environmental Protection Agency to increase the number of criminal investigators in its Office of Criminal Investigations, and for other purposes.

United States · United States Congress · 6 June 1989

Directs the Administrator of the Environmental Protection Agency to increase the number of criminal investigators assigned to its Office of Criminal Investigations by at least 30 percent in each of the next five fiscal years.

A bill to authorize appropriations for the Office of Environmental Quality, for fiscal years 1989, 1990, 1991, 1992, and 1993, and for other purposes.

United States · United States Congress · 1 June 1989

Amends the National Environmental Policy Act to include extraterritorial actions, with specified exceptions, within the category of Federal actions which affect the quality of the human environment and require the submission of environmental impact statements. Modifies provisions regarding the content of such statements. Requires the President to report annually to the Congress on a strategy for achieving certain environmental policy goals under such Act. Directs the Council on Environmental Quality to promulgate regulations implementing such Act for all Federal agencies, including independent regulatory commissions. Requires the Council to establish guidelines for Federal agencies to review and report to the Council on a statistically significant sample of environmental impact statements prepared by such agencies in which measures were specified for the mitigation of adverse environmental effects, including impacts on fish and wildlife populations and habitat, that were predicted to result from the action. Requires each review to assess the implementation of mitigation measures and the accuracy and effectiveness of predicted adverse impacts and their mitigation. Directs the Council to include a summary of the results of such reviews in its annual report to the Congress. Amends the Environmental Quality Improvement Act of 1970 to authorize appropriations for FY 1989 through 1993 for the operations of the Office of Environmental Quality and the Council on Environmental Quality.

Waste Minimization and Control Act of 1989

United States · United States Congress · 1 June 1989

Waste Minimization and Control Act of 1989 - Title I: General Amendments - Amends the Solid Waste Disposal Act to establish a waste prevention and management policy that gives priority in the following order to: (1) source reduction; (2) recycling; (3) energy recovery; (4) waste treatment; and (5) contained disposal. Establishes as a national goal the recycling of waste to the maximum extent consistent with market demand for recycled materials and the creation and expansion of markets for recycled materials. Authorizes appropriations for FY 1989 through 1993 for purposes of carrying out this Act. Title II: Solid Waste Management - Requires that State solid waste management plans: (1) identify the amount of wastes by type that are expected to be generated within the State or accepted from another State during the ensuing 20-year period; (2) identify waste management capacity needs for the same period; (3) require the development of new solid waste management facilities to satisfy such capacity needs and a process for siting such facilities; (4) identify and provide for the collection of recyclable materials, including the development and stabilization of markets for such recyclables; and (5) establish solid waste management practices, based on the State's environmental and economic conditions, which are consistent with this Act's waste reduction and recycling goals. Provides for the loss of Federal financial assistance for failure to submit an approved State plan. Sets forth a schedule for the reduction of such assistance. Prohibits the storage, treatment, disposal, or transportation of solid waste one year after this Act's enactment except in accordance with a permit issued by a State or the Environmental Protection Agency (EPA). Sets forth requirements for interim status permits. Requires the EPA to issue or deny such permits unless a State certifies that its laws provide the regulatory authority and personnel necessary to implement a permit program. Prohibits the issuance of permits by an agency or person (other than a Governor) responsible for the design, construction, or operation of a unit. Requires that such permits be issued for a fixed term not to exceed ten years and contain conditions that will assure compliance with solid waste management guidelines to be developed by the EPA Administrator. Requires such guidelines to be developed for the management of: (1) municipal solid waste; (2) municipal waste combustion ash; (3) emissions from municipal waste incineration facilities; (4) medical wastes; (5) mining wastes; (6) specified industrial solid wastes; (7) oil, gas, and geothermal wastes; and (8) other solid wastes. Requires such guidelines to include requirements regarding: (1) the siting of solid waste sources; (2) construction quality assurance with respect to the installation of sources; (3) the licensing and training of persons who install or operate sources; (4) the design, operation, and maintenance of sources; (5) the monitoring of releases to air, soil, and surface and ground water; (6) the separation or treatment of sources prior to disposal or incineration; (7) corrective action in response to such releases; (8) closure and postclosure care; (9) the maintenance of records of a leak detection, sampling, or monitoring system; and (10) the maintenance of evidence of financial responsibility. Sets forth minimum guidelines for each category of solid waste. Amends the Clean Air Act to direct the Administrator to promulgate performance standards to control emissions of particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, halogenated organic compounds, dioxins, and dibenzofurans from new or modified municipal waste incineration units and from units which begin operation after July 1, 1989, with specified exceptions. Requires that such standards reflect the greatest degree of emission limitation achievable through application of the best available control technologies and practices, unless the Administrator determines that such degree will not be achievable by units for reasons that are unique to the units or locations of such units. Deems specified practices and control technologies to be available. Requires that such standards be promulgated within 18 months of this Act's enactment, take effect within six months of promulgation, and be reviewed and, if necessary, revised within five years of promulgation and every five years thereafter. Extends the effective date for such standards for units which require the installation of an acid gas scrubber to comply with such standards. Requires existing units to comply with such standards within four years of promulgation. Prohibits the issuance of permits to any unit unless a permit pursuant to the Solid Waste Disposal Act for the treatment, storage, or disposal of municipal waste combustion ash has been issued. Directs the Administrator to promulgate regulations and emission control standards requiring existing units and units which are substantially completed before January 1, 1989, to meet such standards within at least six years. Establishes specific, minimum emission limitations for carbon monoxide, particulate matter, sulfur dioxide, and hydrogen chloride emissions from such units. Requires owners or operators of municipal incinerators to: (1) monitor emissions at the point such emissions move into the ambient air and at other points as necessary to protect human health and the environment; (2) monitor other parameters relating to the operation of the unit and its pollution control technology; and (3) report the results of such monitoring. Sets monitoring standards, including ones for continuous and periodic monitoring. Authorizes the Administrator to require unit owners or operators to establish and operate or pay for a program to detect impacts of the unit on humans or the environment, including the testing for and reporting of significant levels of contaminants. Authorizes the Administrator or States to request the Administrator of the Agency for Toxic Substances and Disease Registry to conduct health assessments, studies, or surveillance when exposure to municipal waste incinerator unit emissions may pose a potential health risk. Sets a 20-year limit on unit permits. Provides for the termination of such a permit if: (1) the unit is not in compliance with permit terms and conditions; (2) compliance with additional conditions will impose minimal costs on the unit owner or operator and reduce air emissions below levels specified in the permit; or (3) capacity to treat or dispose of the ash from such unit for a five-year period has not been demonstrated. Requires permits to be reviewed at least once every five years. Authorizes concurrent State enforcement of unit emission standards, provided such enforcement is equivalent to Federal enforcement under this Act. Requires that civil penalties imposed against municipalities pursuant to this Act be applied in support of public programs and activities that enhance the protection of the health and environment of their residents. Directs the Administrator to publish guidelines identifying items or materials that should be removed from municipal waste prior to incineration. Requires unit operators to establish contractual requirements or notification and inspection procedures to assure that units do not receive such items or materials. Directs the Administrator to establish a model State program for the training and certification of municipal waste incinerator operators. Requires operators to pass such training and be certified by an authorized State program. Includes as major emitting facilities under the Clean Air Act municipal incinerators capable of charging more than 50 tons of refuse per day. (Currently, only incinerators charging more than 250 tons per day are included.) Amends the Solid Waste Disposal Act to authorize the Administrator to assess civil penalties and/or issue a compliance order, or commence a civil action against violators of permits or solid waste management guidelines, if a State fails to take action. Authorizes the imposition of civil and/or criminal penalties. Prohibits the export of solid waste for disposal, incineration, or recycling except where there is an agreement between the United States and the receiving country that establishes notice, export, and enforcement procedures and standards protective of human health and the environment for the transportation and management of such wastes. Prohibits the export to Canada of solid waste, 24 months after this Act's enactment, unless the United States and Canada have entered into such an agreement. Authorizes the Administrator to prohibit such exports when there is reason to believe that the handling of such waste may threaten human health or the environment. Requires exporters of solid waste to register with and submit specified export information to the Administrator who shall report annually to the Congress on such information. Authorizes appropriations for grants to States and rural communities for the development and implementation of solid waste reduction and recycling plans. Authorizes and directs the Administrator to make grants to all States with a population density of ten persons or less per square mile to conduct feasibility studies or operate recycling demonstration programs. Authorizes appropriations. Title III: Waste Reduction and Recycling Act of 1989 - Directs the Administrator to establish: (1) a national performance efficiency standard concerning the release of hazardous substances; (2) a national goal for each State of 25 percent municipal solid waste recycling within four years, 50 percent within ten years, and a ten percent municipal solid waste reduction within four years; (3) responsibility within the EPA for the provision of waste reduction and recycling outreach and technical assistance to States and the industrial and educational communities; (4) the requirement that the responsible office for waste reduction and recycling activities review and sign-off on EPA actions; and (5) a national packaging institute to develop voluntary packaging standards that encourage waste reduction and recycling and programs of consumer education regarding packaging. Directs the Administrator to establish within the Office of the Administrator a multimedia Office of Waste Minimization with a separate section solely responsible for waste reduction activities. Authorizes the Administrator to make grants to States to assist States in developing and implementing programs to promote the use of waste reduction and recycling techniques by businesses, local governments, or regional waste management authorities. Limits the Federal share of program funding to 50 percent. Directs the Administrator to establish a waste reduction clearinghouse to compile information generated by grant recipient States on management, technical, and operational approaches to waste reduction and recycling. Prohibits persons who are required to file a toxic chemical release form under the Superfund Amendments and Reauthorization Act of 1986 from releasing into the environment more than five percent of production throughput of hazardous substances. Authorizes the Administrator or a State to waive such standard on a plant by plant basis if meeting it is not technically feasible, the plant has installed and is operating continuous monitoring, has adopted all available waste minimization procedures, and all releases are in the form of managed waste or in compliance with applicable clean water or clean air permits. Requires plant owners or operators to submit to the State or Administrator plans to quantify and report on the manner in which each hazardous substance is consumed, used, or released. Directs the Administrator to report to the Congress on waste efficiency rates by manufacturing category or process, the efficiency levels that each industry can reasonably be expected to achieve within five years, and the extent to which technical assistance may be needed. Deems manufacturers to be in compliance with such standard if they have continuous emission and environmental monitoring equipment installed within 48 months of this Act's enactment, continue to comply with appropriate environmental permits, and report monitoring data to local, State, and Federal regulatory agencies. Requires that persons who are required to file the toxic chemical release form and are unable to account for a hazardous substance as product or permitted discharge or emissions or as managed waste to install, operate, and maintain continuous monitoring technology within one year of such failure. Requires such persons who release toxic chemicals in violation of any clean air, NPDES, or waste management permit to be required to install, operate, and maintain continuous monitoring technology as part of any enforcement action. Directs the Administrator to report to the Congress: (1) by September 30, 1990, and biennially thereafter on actions taken to implement waste reduction and recycling goals; (2) within two years of this Act's enactment, on the EPA's program to insure the consideration of multi-media impacts in EPA policies, regulations, and guidance, with recommendations for a permanent location of an office of waste minimization and recycling; and (3) within 36 months after this Act's enactment, on an evaluation of the capacity of industry to reduce waste volume and toxicity. Authorizes the Administrator to charter a National Packaging Institute which shall promote packaging standards and practices which minimize the quantity of packaging materials that are consumed, reduce litter, and do not adversely affect human health and the environment. Permits the Institute to design and license the use of a seal or symbol which may be employed by the licensed users on packages which satisfy Institute standards. Authorizes the Administrator to conduct a program of public information and education on the impact of packaging on natural resource consumption and the Nation's solid waste management system, and the benefits of implementing the Institute's standards. Authorizes appropriations through FY 1993 for grants to the Institute. Authorizes any person to petition a Federal agency to undertake a waste reduction action if such action would bring about at least a ten percent increase in recycling of the petitioned item, reduce by at least ten percent the total volume or toxic constituents of a waste described in the petition, or would bring about a net savings in true cost to the Federal Government or be neutral in effect or cost. Requires each Federal agency to designate a waste reduction officer to oversee compliance with Federal agency waste reduction requirements, prepare agency waste reduction plans, and report annually to the EPA on the implementation of such plans. Requires Federal contractors to use recycled material in performance of any contract for $1,000,000 or more, unless the contractor certifies that recycled material is not available or not available at a cost of not more than ten percent more than non-recycled materials. Directs the Administrator to publish and submit to the Congress a list of at least ten products which identifies hazardous substances most frequently found in such products which present a risk to human health and the environment when incinerated or disposed. Provides for regulation of the disposal or incineration of such products. Prohibits the land disposal and incineration of lead-acid and mercury batteries. Directs the Administrator to promulgate performance standards and other requirements necessary to protect the public health and the environment from hazards associated with recycled lead-acid and mercury batteries. Exempts transporters of lead-acid and mercury batteries from certain liability provisions of the Comprehensive Environmental Response, Compensation, and Liability Act if such batteries are not mixed with other hazardous substances and are managed in compliance with standards promulgated under the Solid Waste Disposal Act. Requires the Federal procurement of recycled materials if the recycled materials are available at no more than ten percent of the price of alternative items. Requires the EPA to reissue its paper procurement guidelines to ensure that they are consistent with such requirement and to promulgate final procurement guidelines requiring the use of recycled lead in lead-acid batteries, used tire fragments in road cover, compost from yard waste and sewage sludge, recycled plastic from discarded bottles, recycled steel from discarded cans, recycled glass from discarded containers, and recycled aluminum from discarded cans.

Municipal Solid Waste Source Reduction and Recycling Act of 1989

United States · United States Congress · 1 June 1989

Municipal Solid Waste Source Reduction and Recycling Act of 1989 - Amends the Solid Waste Disposal Act to establish as national goals: (1) a ten percent reduction in municipal solid waste by 1993 as a result of source reduction; (2) a 25 percent reduction in such waste by 1993 as a result of recycling; and (3) a 50 percent reduction in such waste by 1999 as a result of recycling. Directs the Administrator of the Environmental Protection Agency to: (1) promote source reduction and recycling methods and opportunities by providing technical assistance to States, local governments, and the business, industry, and educational communities; (2) promote public understanding of and participation in source reduction and recycling programs; and (3) propose strategies to reduce toxic constituents in consumer products. Requires the Administrator to establish an Office of Waste Reduction to carry out responsibilities under this Act. Directs the Administrator to promulgate regulations to carry out this Act to include requirements for: (1) a standardized methodology for calculating costs of solid waste management; (2) decisionmaking models to assist State and local governments in the selection and integration of waste management services; (3) criteria for use of a standardized, national recycling seal or symbol; (4) a standardized label identifying the plastic resin used in products; and (5) specified national packaging standards. Requires the Administrator to: (1) implement an education and information program to foster an understanding of the benefits of source reduction and recycling; and (2) establish a source reduction clearinghouse to collect, evaluate, and disseminate information on the effectiveness of source reduction and recycling techniques. Prohibits the use of: (1) cadmium as a pigment and the importation of products containing cadmium as a pigment; and (2) cadmium for all other nonessential purposes and the importation of products containing cadmium for such purposes. Deems the use of cadmium to be nonessential where alternative substances which present less of a threat to human health and the environment are available. Directs the Administrator to promulgate regulations concerning the production, distribution, or disposal of any product (including products containing lead, mercury, cadmium, and other heavy metals) which, on the basis of its constituents, disposal, or incineration, presents a threat to human health or the environment. Prohibits: (1) the placement of lead-acid batteries in landfills and the incineration of such batteries; (2) the placement of used lead-acid batteries in mixed municipal solid waste or the disposal of such batteries except by delivery to automotive battery retailers or wholesalers, permitted secondary lead smelters, or State-approved collection or recycling facilities; and (3) the disposal of such batteries by battery retailers or wholesalers except by delivery to permitted secondary lead smelters, State-approved collection or recycling facilities, battery manufacturers or, in the case of a retailer, agents of battery wholesalers. Provides that each improperly-disposed battery shall constitute a separate violation of this Act. Requires persons selling lead-acid batteries to accept from customers used batteries of the type and quantity equal to the number of new batteries purchased, if offered. Directs retailers of such batteries to post notices in public areas of retail establishments that: (1) state that it is illegal to throw away motor vehicle or lead-acid batteries and that Federal law requires an exchange of used batteries for new batteries purchased; and (2) encourage recycling of used batteries. Prohibits the sale of any lead-acid battery after 1989 unless such battery bears a label containing such language. Requires the Administrator to establish a Products and Packaging Advisory Board. Directs the Board to report to the Administrator on a program to: (1) minimize the quantity of packaging and other material in the waste stream; (2) minimize the consumption of scarce natural resources in production and use of packaging; (3) eliminate the use of toxic constituents in packaging; (4) maximize packaging recycling and reduce litter; (5) assure that human health and the environment will not be affected adversely by the use and disposal of packaging; and (6) include use of recycling seals for consumer information, mandatory labeling for plastic containers, and national packaging standards. Requires the Administrator to prepare guidelines for Federal agency procurement of glass, metals, plastic, compost, and rubber from ground tires. Directs the Administrator of the General Services Administration to report annually to the Congress on items procured by Federal agencies and include an analysis of the procurement of products containing recycled materials and obstacles to obtaining such materials. Requires Federal agencies to develop waste reduction plans to facilitate: (1) dual-sided copying; (2) paper waste reduction; (3) the purchase of products that contain recycled materials or can be recycled; (4) the purchase of nonhazardous products; and (5) the replacement of plastic food utensils with washable or recyclable tableware. Authorizes any person to petition a Federal agency to undertake a waste reduction action if such action would bring about at least a ten percent increase in recycling of the petitioned item, reduce by at least ten percent the total volume or toxic constituents of a waste described in the petition, or would bring about a net savings in true cost to the Federal Government or be neutral in effect or cost. Directs Federal contractors to use recycled material in performance of any contract for $1,000,000 or more, unless the contractor certifies that recycled material is not available or not available at a cost of not more than ten percent more than non-recycled materials. Requires State solid waste management plans to: (1) identify the amounts and types of municipal solid wastes and industrial wastes that are expected to be generated within the State or accepted from another State during the ensuing 20-year period; (2) include projections of State capacity to manage such wastes; (3) include estimates of the volumes of such wastes that will not require management in landfills or incinerators; (4) establish a hierarchy for solid waste management practices; (5) include provisions for the removal from the waste stream and safe management of any product designated to be a threat to human health or the environment; (6) inform taxpayers of the nature of waste management services and the amount of taxes attributable to such services; (7) identify and promote markets for recyclable materials; (8) list all municipal solid waste landfills at which the recovery of methane gas is economically and technically feasible; (9) describe current and proposed programs to promote source reduction and recycling; and (10) facilitate the siting of environmentally sound facilities for the transportation, separation, and processing of recyclable materials. Prohibits the Federal financing or the issuance of any permit under this Act, the Clean Water Act, or the Clean Air Act for any new or modified municipal waste incineration unit: (1) if the EPA Administrator determines that the State does not have an approved plan in accordance with this Act or has not taken reasonable steps to achieve the goals of this Act; and (2) unless, in the case of new units, the State or other entity designing, constructing, or operating the unit certifies that no more than 50 percent of the waste generated annually by such unit will be incinerated annually. Sets forth additional required State plan provisions (unless the State demonstrates that such provisions are not practicable) to include: (1) a policy requiring the State and political subdivisions of the State to procure products made with recycled materials whenever such products do not exceed by more than ten percent the cost of similar products using nonrecyclable materials; (2) a program to encourage composting of yard waste; (3) a system for curbside pickup of source-separated materials or separation at recycling facilities, or both; and (4) a policy requiring recyclable materials in solid waste to be separated prior to deposition in municipal landfills, waste-to-energy facilities, or waste treatment facilities and a surcharge on tipping fees for any such waste from commercial establishments or office buildings that is delivered to such facilities without being separated. Requires the Administrator to report to the Congress: (1) biennially on actions taken to implement this Act; and (2) five years after this Act's enactment on procurement requirements under the Solid Waste Disposal Act. Authorizes the Administrator to issue grants to States for encouraging source reduction and recycling. Provides that such grants shall be funded by the Source Reduction and Recycling Trust Fund. Makes ineligible to receive such grants States which do not have approved plans (or have not taken steps to implement plans) within five years of this Act's enactment. Allocates Fund moneys as follows: (1) 35 percent for annual recycling grants to States; (2) five percent for source reduction grants to States, counties, localities, and businesses to promote innovations in source reduction; (3) 30 percent for source reduction grants to States to assist in low-interest loans or guarantees to businesses and industries for implementing source reduction measures or manufacturing recyclable products; (4) ten percent for research grants to universities, businesses, and other institutions for research on source reduction, recycling, or disposal of recyclable materials; (5) five percent for rural assistance grants to States to assist rural areas in complying with State plans; and (6) 15 percent to be appropriated to the Administrator for carrying out this Act. Limits specified grants to 50 percent of the total cost of a project. Prohibits assistance from being used for the acquisition of land or interest in land. Requires the Secretary of Commerce to report biennially to the Congress on progress in implementing this Act, including recommendations on the need to continue or revise loan programs under this Act. Directs the Secretary to give priority to assisting exporters of recyclable materials and products containing such materials in identifying foreign markets and securing favorable financial terms for such exports. Requires the Secretary to report to the Congress on national and international markets for recyclable materials and include a methodology for market analysis to be made available to States. Authorizes the Administrator to assess civil penalties, issue compliance orders, or commence civil actions for violations of this Act. Prescribes criminal penalties for certain knowing violations. Provides for judicial review of final actions and citizen lawsuits.

Zunehmende Gesundheitsgefährdung durch Fotosmog (Ozon) und Konsequenzen für die Verkehrspolitik in der Bundesrepublik Deutschland (G-SIG: 11002478)

Germany · German Bundestag · 1 June 1989

Aussprache auf Verlangen der Fraktion DIE GRÜNEN, unabhängig von einer Fragestunde

A resolution to express the sense of the Senate that the committee on Appropriations should make the full appropriations authorized for carrying out programs for assessment and mitigation of radon under the Toxic Substances Control Act.

United States · United States Congress · 31 May 1989

Expresses the sense of the Senate that the Committee on Appropriations should: (1) make the full appropriation authorized for FY 1990 for grants to States for assessment and mitigation of radon under the Toxic Substances Control Act; and (2) appropriate $1,500,000 for the Environmental Protection Agency to carry out a study under such Act to determine the extent of radon contamination in school buildings.

Waste Export Control Act

United States · United States Congress · 31 May 1989

Waste Export Control Act - Amends the Solid Waste Disposal Act to establish as an objective of such Act the assurance that solid waste exports are managed in a manner protective of human health and the environment and no less strict than that which would be required if the waste were managed in the United States. Exempts from this Act's requirements baled waste paper, glass cullet, metals, or plastic that: (1) have been separated by type from solid waste before export; (2) are exported for incorporation into new products with recycled content; and (3) are not hazardous wastes under the Solid Waste Disposal Act. Prohibits the export of solid waste from the United States unless there is an agreement between the United States and the receiving country which provides for: (1) the exchange of information regarding such export and its management; (2) cooperation on compliance with and enforcement of such agreement; (3) biennial review and revision or suspension of such agreement under certain circumstances; and (4) a prohibition on further transport of such waste from the country of destination without the written consent of parties to the agreement. Deems any agreement concerning shipments of hazardous waste entered into by the United States and in force on this Act's enactment date to meet this Act's requirements for one year following such enactment date. Prohibits the export of solid waste from the United States unless the exporter has obtained a permit from the Administrator of the Environmental Protection Agency. Outlines information to be included in the permit application. Requires the Director of the National Enforcement Investigations Center to submit an investigative report on each applicant to the Administrator. Provides that permittees shall have the continuing duty to provide assistance or information requested by the Administrator or the Center and to cooperate in any inquiry conducted by the Center. Limits permit terms to a period of five years. Directs the Administrator to report annually to the Congress on all solid waste exports. Prohibits the issuance of any permit unless the Administrator determines that: (1) the waste generator has used reasonable efforts to eliminate or minimize waste generation prior to export; (2) the receiving facility is capable of treating, storing, and disposing of such waste in a manner protective of human health and the environment and no less strict than that which would be required if the waste were managed in the United States; and (3) the application meets the requirements of this Act. Directs the Administrator to make inspections of any facility handling waste subject to a permit. Authorizes the Administrator to revoke a permit under specified circumstances. Directs the Administrator to establish a user fee to defray the cost of administering this Act. Requires such fee system to consist of a one-time permit application fee and a waste export permit fee to be paid over the life of the permit. Authorizes foreign governments to bring actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1986 when damages are incurred with respect to the export of hazardous substances from the United States. Prescribes criminal penalties for knowing violations of this Act.

Reclamation States Ground Water Protection and Management Act of 1989

United States · United States Congress · 31 May 1989

Reclamation States Ground Water Protection and Management Act of 1989 - Directs the Secretary of the Interior to publish criteria for assessing the adequacy of groundwater protection and management programs of the Reclamation States (Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming). Requires such criteria to include programs to protect the integrity of such resources and programs for mapping, classifying aquifer systems, and monitoring. Directs the Secretary to identify Reclamation States with significant groundwater problems and assess the adequacy of their protection and management programs. Requires the Secretary to make public both the criteria developed and the States identified. Prohibits the development of a reclamation project in an identified State unless such State has an approved program. Authorizes States to revise Secretary-approved programs, subject to the Secretary's approval. Directs the Secretary to review such programs periodically, notifying a State of any intention to withdraw approval. Requires the Secretary to report to the Congress on what assistance the U.S. Geological Survey Cooperative Research Program can provide States in developing groundwater protection and management programs.

To amend the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit exploration, development, and production of oil, natural gas, or minerals in national marine sanctuaries.

United States · United States Congress · 24 May 1989

Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit exploration, development, or production of oil, natural gas, or minerals in national marine sanctuaries designated under such Act.

To amend the Federal Water Pollution Control Act to allow all recipients of grants for treatment works to use dedicated ad valorem taxes in order to meet the requirement of the Act that such recipients adopt user charges to pay for operation and maintenance of treatment works.

United States · United States Congress · 24 May 1989

Amends the Federal Water Pollution Control Act to permit all grant recipients for waste treatment works to use dedicated ad valorem taxes to satisfy the requirement that recipients adopt operation and maintenance user charges.

To amend the Federal Water Pollution Control Act relating to the construction and operation of certain treatment works which are subject to regulation under international treaties.

United States · United States Congress · 24 May 1989

Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to reimburse a State or municipality for the increased costs of constructing or operating publicly owned treatment works attributable to pollution abatement requirements of an international treaty. Authorizes appropriations.

To require the Environmental Protection Agency to conduct a study and produce a decision aid to assist State and local authorities in planning and manging suburban and rural growth and development while preserving environmental quality.

United States · United States Congress · 23 May 1989

Directs the Environmental Protection Agency, acting through the Office of Research and Development, to: (1) study the environmental implications of growth and development of suburban and rural communities; (2) produce a decision aid to assist State and local authorities in planning and managing such growth and development while preserving environmental quality; and (3) report to the Congress on such decision aid.

To approve the designation of the Cordell Bank National Marine Sanctuary, to disapprove a term of that designation, and to prohibit the exploration for, or the development or production of, oil, gas, or minerals in any area of that Sanctuary.

United States · United States Congress · 23 May 1989

Declares that the Congress approves, with certain exceptions, the designation of the Cordell Bank National Marine Sanctuary, California. Prohibits the exploration, development, or production of oil, gas, or minerals in the Sanctuary.

National Environmental Education Act

United States · United States Congress · 18 May 1989

National Environmental Education Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish an Office of Environmental Education within the Office of External Affairs to carry out this Act. Establishes an Environmental Education and Training Program to train educational professionals in the development and delivery of environmental education and training programs and studies. Directs the Administrator to make an annual grant to an institution of higher education or nonprofit research institution to establish and operate such program. Sets forth application and eligibility requirements and criteria to be considered in awarding such grants. Authorizes the Administrator to enter into cooperative agreements or provide grants to support projects to design, demonstrate, and disseminate practices related to environmental education and training. Outlines activities eligible for grant support and priorities in awarding such grants. Requires the Administrator to publish an annual solicitation for environmental education grants. Authorizes local education agencies, colleges or universities, State education or environmental agencies, or nonprofit agencies to apply for such grants. Limits Federal funds for demonstration projects to 75 percent of the total cost, except in specified instances. Limits such grants to $100,000 and requires 25 percent of all funds obligated to be for grants of no more than $5,000. Requires the Administrator to provide for internships by postsecondary students with Federal agencies involved in environmental issues. Directs the Administrator, to the extent practicable, to support at least 150 internships annually. Makes eligible for participation in such program students enrolled at accredited colleges or universities who have successfully completed at least four courses or the equivalent in environmental sciences. Requires the Administrator to provide for a series of national awards recognizing outstanding contributions to environmental education to include: (1) the Theodore Roosevelt Award for environmental teaching or administration; (2) the Henry David Thoreau Award for literature on the environment and pollution problems; and (3) the Rachel Carson Award for film or print media for public education and information on environmental issues or problems. Provides that recipients of such awards shall be nominated by the Environmental Education Advisory Council. Requires the regional administrator of each EPA office to present an "Outstanding Environmental Educator Award" annually to a teacher or faculty member from a local education agency, college or university, or nonprofit organization in recognition of an outstanding contribution to environmental education. Establishes a National Environmental Education Advisory Council. Requires the Council to report biennially to the Congress on: (1) the extent and quality of environmental education in the Nation's schools; (2) activities conducted pursuant to this Act; (3) obstacles to improving environmental education; and (4) training and skills needed to respond to environmental problems. Establishes the Environmental Education Trust Fund to carry out this Act. Allocates funding for this Act's activities and authorizes 50 percent of penalties received under specified environmental Acts to be appropriated to the Fund.

Comprehensive Oil Pollution Liability and Compensation Act of 1989

United States · United States Congress · 18 May 1989

Comprehensive Oil Pollution Liability and Compensation Act of 1989 - Declares that it is Federal policy to create a liability and compensation system under which it is the primary responsibility of the parties responsible for an oil discharge to fund the ensuing pollution cleanup, and to compensate those damaged by such pollution. Title I: Oil Pollution Liability and Compensation - Imposes joint, several, and strict liability for specified removal costs and damages upon the party responsible for a vessel or facility from which oil is either discharged into certain waters, or which poses a substantial threat of such a discharge. Provides that such costs and damages constitute a maritime lien on any vessel owned by the responsible parties (or third parties) and may be recovered in a judicial action for any district within which the vessel is found. Defines conditions under which a mobile offshore drilling unit shall be treated as either a tanker or as a facility for purposes of determining responsibility or excess liability. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Authorizes the Secretary of Transportation to establish by regulation a maximum liability limit. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. Declares that the responsible party or his guarantor shall be liable to the claimant for interest on the amount paid in satisfaction of a claim for a specified period. Defines circumstances under which liability for injury to natural resources shall be to either: (1) the United States; (2) the affected State or Indian tribe; or (3) a foreign government. Sets forth recovery and indemnification procedures (including a civil penalty for natural resources destroyed by oil pollution which cannot be replaced and for which no equivalent can be acquired). Sets forth the uses of the Oil Spill Liability Trust Fund (the Fund) including: (1) payment of recoverable costs and administrative expenses; and (2) contributions to the International Fund. Sets forth exceptions to liability for such Fund and a specified maximum amount which may be paid from it. Prescribes guidelines under which Federal, State, and Indian tribal officials may obligate from the Fund, including advance draws for immediate response to an oil discharge or substantial threat thereof. Confers rights of subrogation upon the United States for payment of any claim by the Fund. Sets forth a claims procedure for removal costs or damages. Requires the Secretary to designate the source of a discharge and to notify immediately the responsible party or guarantor of such designation. Grants subrogation rights to any person (including the Fund) who pays compensation under this Act to any claimant for costs or damages. Requires the party responsible for certain vessels over 300 gross tons to establish and maintain evidence of financial responsibility to meet maximum liability limits. Requires the Secretary of the Treasury to withhold or revoke the clearance of any vessel which fails to certify such financial responsibility. Sets forth circumstances under which such vessels may have entry into U.S. ports or waters denied. Imposes a civil penalty for failure to comply with the financial responsibility requirement. Restricts judicial review of any regulation promulgated under this Act to the Circuit Court of Appeals for the District of Columbia. Grants the district courts original and exclusive jurisdiction over all actions arising under this Act. Sets forth a limitation period for actions for removal costs, damages, or contribution. Title II: Conforming Amendments - Sets forth conforming amendments to certain related statutes, including the Trans-Alaska Pipeline Authorization Act, the Intervention on the High Seas Act, the Federal Water Pollution Control Act, the Deepwater Port Act of 1974, and the Outer Continental Shelf Lands Act Amendment of 1978. Title III: Implementation of International Conventions - States that during any period in which the Civil Liability Convention and the Fund Convention are in force with respect to the United States, owner liability for pollution damage arising from a ship-related incident shall be determined according to such Conventions. Grants recognition to the International Oil Pollution Compensation Fund as a legal person under Federal law, and deems the Director of such Fund to have irrevocably appointed the Secretary of State as the Fund's agent for service of process for legal proceedings involving the Fund within the United States. Exempts such Fund and its assets from all direct taxation in the United States. Provides that certain required contributions with respect to oil received in the United States shall be paid to the International Fund from the Oil Spill Liability Trust Fund. Grants recognition to any final judgment of a court of any country which is a party to either the Civil Liability Convention or the Fund Convention. Sets forth the financial responsibility requirements of shipowners whose vessels are subject to the Civil Liability Convention. Imposes specified sanctions and civil penalties upon persons violating the financial responsibility requirements. Waives all U.S. defenses based upon sovereign immunity with respect to any controversy arising under the Civil Liability Convention or the Fund Convention relating to any ship owned by the United States and used for commercial purposes. Authorizes the Secretary to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions.

Stratospheric Ozone Layer Protection Act

United States · United States Congress · 18 May 1989

Stratospheric Ozone Layer Protection Act - Directs the Secretary of Commerce to issue regulations prohibiting the installation, maintenance, and repair of motor vehicle air conditioners after 1990, unless equipment certified as meeting standards set by the Society of Automotive Engineers for the extraction and reclamation of refrigerants is used. Requires service entities to document the number of air conditioners serviced and the amount of chlorofluorocarbons (CFCs) purchased and sold by such entities. Prohibits, after FY 1989, the sale of a CFC coolant in containers containing less than 15 pounds of such coolant if such container does not have a warning label indicating the danger such coolant poses to the stratospheric ozone layer. Prohibits, after 1990, the sale of any CFC coolant for use in a motor vehicle air conditioner: (1) other than for commercial or industrial use; and (2) in a container containing less than 15 pounds of such coolant. Prohibits the sale in, or export from, the United States of any motor vehicle manufactured after model year 1992 which contains an air conditioner using CFCs. Requires the Administrator to study and report to the Congress on the use of ozone-depleting chemicals, substitutes for such chemicals, and opportunities for recycling and recovery of such chemicals. Directs the Administrator, no later than January 15, 1991, to study and report to the Congress on ways to accomplish the systematic retrieval, storage, and reuse of CFCs from refrigerators, air conditioners, and motor vehicles facing immediate disposal. Directs the Administrator, no later than January 15, 1992, to study and report to the Congress on current information concerning ozone depletion and the development of motor vehicles which employ air conditioners using refrigerants other than CFCs. Directs the Secretary and the Administrator to consult with motor vehicle dealers and other appropriate business entities to publicize this Act.

Motor Vehicle Air Conditioner Ozone Depletion Act

United States · United States Congress · 18 May 1989

Motor Vehicle Air Conditioner Ozone Depletion Act - Directs the Secretary of Commerce to issue regulations prohibiting the installation, maintenance, and repair of motor vehicle air conditioners after 1990, unless equipment certified as meeting standards set by the Society of Automotive Engineers for the extraction and reclamation of refrigerants is used. Requires service entities to document the number of air conditioners serviced and the amount of chlorofluorocarbons (CFCs) purchased and sold by such entities. Prohibits, after FY 1989, the sale of a CFC coolant in containers containing less than 15 pounds of such coolant if such container does not have a warning label indicating the danger such coolant poses to the stratospheric ozone layer. Prohibits, after 1990, the sale of any CFC coolant for use in a motor vehicle air conditioner: (1) other than for commercial or industrial use; and (2) in a container containing less than 15 pounds of such coolant. Directs the Administrator of the Environmental Protection Agency to set standards limiting the percentage of motor vehicles manufactured for sale in, or export from, the United States which contain air conditioners that use CFCs. Prohibits the use of such air conditioners in vehicles manufactured after model year 1994. Requires the Administrator to study and report to the Congress on the use of ozone-depleting chemicals, substitutes for such chemicals, and opportunities for recycling and recovery of such chemicals. Directs the Administrator, no later than January 15, 1991, to study and report to the Congress on ways to accomplish the systematic retrieval, storage, and reuse of CFCs from refrigerators, air conditioners, and motor vehicles facing immediate disposal. Directs the Administrator, no later than January 15, 1992, to study and report to the Congress on current information concerning ozone depletion and the development of motor vehicles which employ air conditioners using refrigerants other than CFCs. Directs the Secretary and the Administrator to consult with motor vehicle dealers and other appropriate business entities to publicize this Act.

A joint resolution approving the national marine sanctuary designation entitled "Cordell Bank National Marine Sanctuary".

United States · United States Congress · 18 May 1989

Declares that the Congress approves, with certain exceptions, the designation of the Cordell Bank National Marine Sanctuary, California. Disapproves the designation of hydrocarbon (oil and gas) activities as activities which may be regulated within the Sanctuary. Directs the Secretary of Commerce to: (1) within 120 days revise regulations to prohibit hydrocarbon activities in the Sanctuary; and (2) pending implementation of such revised regulations, prohibit such hydrocarbon activities.

A joint resolution to approve the designation of the Cordell Bank National Marine Sanctuary, to disapprove a term of that designation, and to direct the Secretary of Commerce to revise regulations implementing that designation to prohibit certain activities in the Sanctuary.

United States · United States Congress · 18 May 1989

Declares that the Congress approves, with certain exceptions, the designation of the Cordell Bank National Marine Sanctuary, California. Disapproves the designation of hydrocarbon (oil and gas) activities as activities which may be regulated within the Sanctuary. Directs the Secretary of Commerce to: (1) within 120 days revise regulations to prohibit hydrocarbon activities in the Sanctuary; and (2) pending implementation of such revised regulations, prohibit such hydrocarbon activities.

Puget Sound Tanker Safety Act of 1989

United States · United States Congress · 18 May 1989

Puget Sound Tanker Safety Act of 1989 - Requires certain new oil tankers to have a double hull on their sides and bottoms throughout their cargo length. Directs the Secretary of the department in which the Coast Guard is operating to: (1) enter into discussions with the International Maritime Organization on requiring additional safety standards for tankers operating in environmentally sensitive areas; (2) submit reports to specified committees of the Congress regarding recent oil spills in Puget Sound and safety measures such as double hulls and double bottoms on barges, additional safety lines between towing vessels, and limits on the size of individual tanks within tankers; (3) issue a final rule requiring certain oil tank vessels carrying or transfering oil in Puget Sound to prepare an individualized spill prevention and countermeasure plan; (4) issue a final rule listing the equipment that must be carried by vessels to carry out the plan; and (5) implement regulations providing for annual inspection of vessels covered by provisions of this Act relating to oil tankers in Puget Sound. Directs the Secretary to issue a final rule requiring operators of certain oil tank vessels carrying or transfering oil in Puget Sound, and owners or operators of oil-producing, refining, or transportation facilities that reasonably could be expected to spill oil into Puget Sound or adjoining shorelines, to submit to the Secretary for approval a contingency plan for the prevention, containment, and cleanup of oil spills. Authorizes the owner or operator of a vessel or facility to prepare, submit, and implement such a plan in cooperation with other owners or operators who are subject to these provisions. Directs the Secretary to review the plans for approval. Sets forth approval criteria. Allows the Secretary to enter into an agreement with the State of Washington to delegate contingency plan approval to that State. Directs the Secretary to publish guidelines for the determination of the maximum probable spill from a vessel or facility. Directs the Secretary to annually: (1) publish a description of the contingency plans and an inventory of available equipment; and (2) conduct practice drills of the contingency plans and publish a report on the drills. Provides for in rem liability and for civil and criminal penalties for violating this Act or a regulation prescribed under it.

A bill to amend the Solid Waste Disposal Act.

United States · United States Congress · 16 May 1989

Amends the Solid Waste Disposal Act, with respect to the standards applicable for cleanup of hazardous waste at steel and aluminum manufacturing facilities, to require that groundwater correction measure standards be met at the facility's property boundary (rather than at the boundary of each individual solid waste management unit). Requires groundwater monitoring at facility boundaries and other locations. Requires the establishment by facility owners or operators of a fund to provide financial responsibility for monitoring and corrective measures for 30 years following cessation of operations.

Acid Deposition Act

United States · United States Congress · 16 May 1989

Acid Deposition Act - Title I: Acid Deposition Control Program - Amends the Clean Air Act to limit the application of such Act's sulfur dioxide emissions limitations to sources constructed or modified in 1980 and earlier. Requires electric utilities in the acid deposition impact region which convert to coal after 1980 to meet an emission standard not in excess of 1.2 pounds of sulfur dioxide per million British thermal units (Btu's). Designates an acid deposition impact region comprising a long-range transport corridor of 31 States east of the Mississippi and the District of Columbia. Requires such region to achieve in two equal phases a total reduction of annual emissions of sulfur dioxide of ten million tons below 1980 levels, the first five million by the start of 1997. Directs the Administrator of the Environmental Protection Agency to implement an accelerated research program during the first stage to examine the pattern of effects of atmospheric loading of pollutants such as sulfur and nitrogen oxides. Authorizes appropriations for FY 1992 through 1996. Requires such program to include monitoring by a nonprofit or university facility of the effects of acid deposition on waters. Directs the Administrator to enter into a contract with a facility which has a data base, covering at least 30 years, of the impacts of acid deposition on a body of water in the acid deposition region. Authorizes appropriations. Requires the Administrator to evaluate the results of such program until no later than the start of FY 1998. Authorizes appropriations for such evaluations for FY 1997 through 2002. Requires the completion of the second phase's five million ton emissions reduction by the start of 2002. Authorizes the Administrator to vary through rulemaking by April 1, 1998, the requirements of the second stage based upon the first stage research evaluations. Requires the Administrator to report to the Congress on proposed changes and requires such changes to increase protection of sensitive areas and mitigation of identified damage. Directs the Administrator to report to the Congress by the end of FY 1998 if a determination is made that individual State nitrogen oxides reduction standards should not be established. Requires each State to reduce its proportional share of annual sulfur dioxide emissions, permitting two or more States to reallot their shares among themselves so long as the total, required reduction is achieved. Requires each State to adopt enforceable reduction measures within two years of this Act's enactment, submitting them to the Administrator for approval and other States for comment. Provides for revisions of such measures by the State or the Administrator. Applies Federal reduction standards of 1.2 pounds of sulfur dioxide per million Btu's in addition to State established requirements for any major stationary source in noncompliance with the applicable implementation plan by the end of 1992. Applies the Federal standard to all owners or operators of facilities which continue to be in noncompliance by 1997. Applies Federal reduction standards of an average among facilities of 1.2 pounds of sulfur dioxide per million Btu's on a 30-day average to covered sources in States in the impact region without the required enforcement measures. Requires owners or operators of such sources to submit a compliance plan and schedule to the Administrator for approval. Permits the use of the following measures to reduce emissions in addition to enforceable continuous emission reduction measures if such measures are enforceable by entities and persons other than the State in which the emissions occur: (1) least emissions dispatch to meet electric generating demand at existing generating capacity; (2) retirement of major stationary sources at an earlier than provided for date; (3) investments in energy conservation where emission reductions can be identified with such investments; (4) trading of emission reduction requirements and actual reductions through emission reduction banks or brokerage institutions; (5) precombustion cleaning of fuels; and (6) fuel substitution. Directs the Administrator and the Secretaries of Energy, Commerce, and State to induce Canada to achieve comparable reductions. Requires the Administrator to certify that progress on such front is being made by Canada before the Department of Energy approves agreements for the importation of electric energy from Canada under the Federal Power Act. Directs the President and Secretary of State to seek the installation and monitoring of air pollution control equipment on new major emissions sources, including copper and other metal smelters in Mexico. Directs the President to report periodically to the Congress on progress in such endeavor. Directs the Administrator to report to the appropriate congressional committees on compliance with emission limitations and other enforceable measures under this Act.

Expressing the sense of the House of Representatives that Exxon Company, USA, should devote whatever resources are necessary and pay all expenses required to compensate affected parties expeditiously, mitigate impacts, and complete cleanup by September 15, 1989, of Prince William Sound and other Alaska lands and waters damaged by the Exxon Valdezoil spill.

United States · United States Congress · 16 May 1989

Expresses the sense of the Congress that: (1) the Exxon Company must dedicate necessary resources and pay all required expenses to compensate affected parties, mitigate impacts, and complete cleanup by September 15, 1989, of Prince William Sound and other Alaska lands and waters damaged by the Exxon Valdez oil spill; and (2) the scope and thoroughness of the cleanup shall be determined by the U.S. Coast Guard to achieve maximum benefit of fish and wildlife habitat and the Alaska environment.

A bill to require the Secretary of Transportation to conduct a study of discharges of oil and hazardous substances into the waters of New York Harbor, the Delaware River, and adjoining waters.

United States · United States Congress · 12 May 1989

Requires the Secretary of Transportation to conduct a study of discharges of oil and hazardous substances into the waters of New York Harbor, the Delaware River, and adjoining waters. Requires the Secretary to submit a final report on the study to the Congress.

A bill to require Federal review and approval of oil discharge contingency plans, and for other purposes.

United States · United States Congress · 12 May 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.

AMENDMENT TO THE PROPOSAL FOR A COUNCIL DECISION ADOPTING TWO SPECIFIC RESEARCH AND TECHNOLOGICAL DEVELOPMENT PROGRAMMES IN THE FIELD OF THE ENVIRONMENT: STEP: SCIENCE AND TECHNOLOGY FOR ENVIRONMENTAL PROTECTION, EPOCH: EUROPEAN PROGRAMME ON CLIMATOLOGY AND NATURAL HAZARDS ( 1989-1992 )

European Union · European Commission · 12 May 1989

Clean Air Restoration Act of 1989

United States · United States Congress · 11 May 1989

Clean Air Restoration Act of 1989 - Title I: General Provisions for Nonattainment Areas - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to publish guidelines for enhanced State monitoring of ozone, oxides of nitrogen, volatile organic compounds (VOCs), carbon monoxide, and particulate matter 10 (PM 10) and for improved inventories of emissions of such substances. Directs the Administrator to establish emissions factors for estimating emissions of such substances from stationary sources which emit less than 25 tons per year of such pollutants. Requires State plan revisions submitted after this Act's enactment for ozone, carbon monoxide, or PM 10 nonattainment areas to provide for the maintenance of the attainment standard for 20 years after such submission. Directs the Administrator to periodically review and revise such plans, as necessary, to insure the maintenance of such standard. Revises the boundaries of ozone and carbon monoxide nonattainment areas which are classified as Extreme or Severe and are located within Metropolitan Statistical Areas (MSA) or Consolidated Metropolitan Statistical Areas (CMSA) to include the entire MSA or CMSA. Authorizes the Administrator to modify nonattainment areas classified as Moderate or serious for ozone, carbon monoxide, or PM 10 to encompass the entire MSA or CMSA if such modification is necessary to attain the air quality standard. Requires permits issued in nonattainment areas for stationary sources to provide for: (1) quarterly reports to the permitting authority on monitoring measures; and (2) annual certifications to such authority demonstrating compliance with such permit. Prohibits the issuance of any permit unless such authority has conducted an on-site inspection of the source or emissions unit. Allows new or modified stationary sources to comply with any offset requirement for increased emissions of any air pollutant by obtaining enforceable emissions reductions of such pollutant from other sources in the same nonattainment area. Requires such reductions to be in effect by the time such sources commence operation and to insure that the total tonnage of increased emissions is offset by a greater reduction in the actual emissions from other area sources. Title II: Provisions Applicable to Ozone Nonattainment Areas - Classifies ozone nonattainment areas as Moderate, Serious, Severe, or Extreme, based upon the percentage by which the air quality standard is exceeded in the area. Authorizes the Administrator to adjust the classification of areas which would be classified in another category if the ozone level in such areas were ten percent greater or less. Requires the Administrator to promulgate special rules for rural nonattainment areas where area sources do not make significant contributions to the ozone concentration in such areas. Directs States with classified ozone nonattainment areas to submit compliance strategies to the Administrator. Requires such strategies to provide for: (1) meeting an initial milestone for emissions reductions; (2) improved monitoring of ozone, oxides of nitrogen, and VOCs; (3) annual statements from owners or operators of stationary sources showing emissions of oxides of nitrogen and VOCs; and (4) annual emissions inventories to be submitted to the Administrator. Waives the requirement for owners or operators of stationary sources which emit less than 25 tons annually of VOCs if the State provides an inventory of emissions of such sources. Applies requirements for State permits with respect to air quality standards to statements for stationary sources which emit 25 tons or more annually of oxides of nitrogen or VOCs. Deems such sources to be major stationary sources. Establishes fees to be collected by States for each ton of emissions of such substances and approval procedures for compliance strategies. Directs the Administrator to publish oxides of nitrogen and VOC emissions reduction targets for Serious, Severe, and Extreme ozone nonattainment areas. Provides for reductions or increases in such targets based upon percentage reductions or increases over a 1988 emissions inventory. Directs the Administrator to publish a VOC emissions reduction milestone for such areas to require a 20 percent reduction in emissions within four years of this Act's enactment based upon the 1988 emissions inventory. Requires additional milestones to be achieved within eight and 12 years of this Act's enactment. Sets forth attainment dates of four, eight, 12, and 16 years, respectively, for Moderate, Serious, Severe, and Extreme areas. Requires State implementation plans for Serious, Severe, and Extreme areas to be revised to include measures for meeting targets and milestones, conforming with compliance strategies, and attaining and maintaining revised ozone standards. Sets forth approval procedures for such plans. Requires the Administrator to audit biennially and, if necessary, revise such plans to assure compliance. Includes specified ratios for offsets of increased emissions by new or modified sources in permit requirements for Moderate areas. Requires compliance strategies or revised implementation plans for Serious and Severe areas to contain a permit program covering the construction and operation of certain new or modified emissions units. Requires certain emissions offsets by the time such units enter operation. Provides that such plans or strategies shall: (1) contain a motor vehicle inspection and maintenance program to reduce in-use emissions of VOCs and oxides of nitrogen in Serious areas; and (2) require the use of fill nozzles in such areas which prevent vapor discharge and vehicle fuel tank overflows on nozzle disconnect. Applies the nozzle requirement only to facilities which sell more than 10,000 gallons of gasoline per month (50,000 gallons per month in the case of certain independent small business gasoline marketers). Waives such requirement when the Administrator determines that onboard emissions control systems are in widespread use throughout the motor vehicle fleet. Requires such plans or strategies to require all buses which are purchased or leased by State or local governments after January 1, 1992, (for which such governments enter into contracts or for which engines are replaced after such date) and which are used for public transportation in Serious areas to be low-emission vehicles using low-emission fuels. Requires permits for the operation of certain existing stationary sources in Serious, Severe, and Extreme areas. Requires such strategies or plans to establish a schedule requiring at least 30 percent of the new motor vehicles registered in Severe areas by 1998 to be low-emission vehicles using low-emission fuels. Prohibits the use of an emissions reduction trading program to comply with the reasonably available control technology requirement applicable to such sources under the Clean Air Act. Requires tanks used for motor vehicle liquid fuel storage in such areas to be capable of storing methanol. Prohibits the use of Federal funds for transportation planning in such areas unless the Administrator determines that such planning uses all available techniques for reducing aggregate vehicle emissions. Requires all new motor vehicles owned or operated by persons owning or operating 15 or more vehicles in a Severe area after 1992 to be low-emission vehicles using low-emission fuels. Provides that compliance strategies and State implementation plans for Extreme areas shall contain the same requirements as those for Severe areas. Provides that, eight years after this Act's enactment, each electric utility and industrial and commercial boiler emitting more than 25 tons annually of oxides of nitrogen in such areas shall: (1) burn natural gas, methanol, or ethanol (or a comparably low polluting fuel) as a primary fuel; or (2) use advance control technology for reduction of such emissions. Establishes a schedule for increasing in annual increments the percentage of new motor vehicles registered in such areas which are low-emission vehicles. Requires all model year 2000 vehicles to be low-emission vehicles. Authorizes the establishment of traffic control measures during heavy traffic hours to reduce the use of high polluting vehicles in such areas. Allows an Extreme area to apply for a four-year extension of the attainment date. Directs the Administrator to grant such extension if the area is reasonably expected to meet minimum emissions reduction targets and the implementation plan is adequate to meet the attainment standard by the extended date. Sets forth procedures to be applied in the case of noncompliance with plan and compliance strategy requirements, including emissions offsets for new or modified stationary sources or emissions units at a ratio of three to one and a prohibition on the approval of, or awarding of Federal funds for, highway projects in non-complying areas. Sets forth deadlines for States to demonstrate that all measures in compliance strategies have been implemented and that milestones have been met. Provides for reclassification of areas or the implementation of additional measures, including economic incentive programs in Severe and Extreme areas, if a State fails to meet emissions reduction milestones or to submit a demonstration. Directs the Administrator to establish guidelines for such programs. Sets forth administrative procedures for making determinations, including provisional determinations, of attainment of air quality standards during a three-year period. Directs the Administrator to reclassify Moderate, Serious, or Severe areas which fail to meet attainment deadlines into the next, more stringent, category. Requires States with Extreme areas failing to meet such deadlines to submit plan revisions providing for: (1) emissions offsets at a ratio of three to one for new or modified sources or emissions units in such areas; and (2) an economic incentives program to aid in reducing the total tonnage of VOC and oxides of nitrogen emissions by at least five percent annually prior to attainment of the standard. Establishes an ozone transport region comprised of coastal States on the east coast between Maine and Maryland and the CMSA including the District of Columbia. Authorizes the creation of additional regions, as necessary. Directs the Administrator to establish an ozone transport commission for each region. Requires each State within a region to submit to the Administrator a revised implementation plan which requires compliance with emission levels as if the region were classified as a Serious area for ozone. Exempts regions within a State that do not contribute significantly to ozone concentrations in Serious, Severe, or Extreme areas. Permits States or subdivisions to petition the Administrator for the inclusion of another State or portion of a State within an ozone transport region. Requires the Administrator to develop criteria for determining transboundary pollution for ozone. Authorizes the Administrator to pay up to 100 percent of the program costs of such commissions for two years. Directs the Administrator to: (1) list all categories of commercial and consumer solvents, architectural and other surface coatings, pesticide applications, traffic coatings, and military specification coatings which release significant evaporative emissions of VOCs; and (2) promulgate standards biennially, for eight years, to reduce emissions from the highest priority group of such substances to the lowest feasible emissions rate. Requires the Administrator to publish a list of the 12 categories of stationary sources for which control technologies have not been published and which make the most significant contribution to the formation of ozone air pollution. Directs the Administrator to publish guidance for such sources, including guidelines for monitoring emissions of VOCs and oxides of nitrogen, and review and, if necessary, update such guidelines. Requires owners or operators of sources emitting ten tons or more of VOCs annually to reduce such emissions by a specified percentage if guidance for such source has not been published. Directs the Administrator to publish a control technology document regarding control of VOC emissions from the loading of petroleum products on or off of vessels. Provides that such emissions shall be considered to be direct emissions of the onshore terminal. Title III: Provisions Applicable to Carbon Monoxide Nonattainment Areas - Classifies carbon monoxide nonattainment areas as Moderate, Serious, or Severe. Authorizes the Administrator to adjust such classifications under conditions parallel to those for ozone nonattainment areas. Requires the Administrator to publish carbon monoxide concentration milestones for Serious and Severe areas to be achieved within four and eight years of this Act's enactment, respectively. Sets forth attainment dates of four, eight, and twelve years, respectively, for Moderate, Serious, and Severe areas. Sets forth requirements parallel to those for ozone nonattainment areas for State plan revisions, content, approval, and auditing. Requires plans for Serious and Severe areas to include: (1) motor vehicle inspection and maintenance programs to reduce in-use carbon monoxide emissions; and (2) provisions requiring the use of oxygenated fuels for all gasoline-powered motor vehicles during periods identified as having carbon monoxide concentrations potentially in excess of air quality standards. Directs the Administrator to promulgate guidelines allowing the use of marketable oxygen credits from fuels with higher oxygen contents than required to offset the sale or use of fuels with lower contents than required. Waives the oxygenated fuel requirement upon a demonstration that the use of such fuels would prevent or interfere with an area's attainment of a standard for any other air pollutant. Requires persons selling oxygenated fuel to label the fuel dispensing system accordingly. Sets forth requirements parallel to those for ozone nonattainment areas for: (1) permit programs and emissions offsets in Severe areas; (2) persons owning or operating more than 15 vehicles in such areas; and (3) funding for transportation planning. Provides for a $5 per vehicle annual registration fee in such areas. Makes registration revenues available to the State air pollution control agency for developing carbon monoxide emissions reduction strategies. Sets forth requirements parallel to those for ozone nonattainment areas for noncompliance procedures and State demonstrations. Provides for the implementation of an incentives program to reduce vehicle miles traveled in Severe areas if milestones or demonstration requirements have not been met. Provides for reclassification and plan revision procedures parallel to those required for Severe and Extreme ozone nonattainment areas. Title IV: Provisions Applicable to PM 10 Nonattainment Areas - Classifies PM 10 nonattainment areas as Serious or Severe. Sets forth attainment dates of four and eight years after this Act's enactment, respectively, for Serious and Severe areas. Directs the Administrator to publish PM 10 concentration milestones for Severe areas to require a 50 percent reduction in concentrations within four years of this Act's enactment. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for: (1) State plan revisions, content, approval, and auditing; and (2) permit programs for Serious and Severe areas. Requires permits for the operation of: (1) certain existing sources in Severe areas; and (2) new, modified, and existing sources of PM 10 precursors where such emissions contribute significantly to PM 10 concentrations in nonattainment areas. Sets forth requirements parallel to those for ozone and carbon monoxide nonattainment areas for noncompliance, State demonstrations, reclassifications, and plan revisions. Allows States which have submitted plan revisions for Severe areas to apply for a two-year extension of the attainment date. Provides that three to one offset requirements shall not apply to areas granted such extensions. Waives any PM 10 requirements if determined that anthropogenic sources of PM 10 do not contribute significantly to the violation of the PM 10 standard in the area. Directs the Administrator to: (1) list all important categories of PM 10 emissions and precursors; and (2) publish biennial guidelines concerning the best available control technology for PM 10 emissions from stationary sources in the highest priority group. Requires the Administrator to promulgate regulations for PM 10 emissions reduction from existing diesel buses in Severe areas to require the use of lower polluting fuels. Requires State plans to include annual PM 10 emissions inventories to be submitted to the Administrator. Provides for revisions of such plans if air quality standards are modified. Requires plans to contain measures to improve the ambient monitoring of PM 10. Title V: Mobile Sources - Sets standards for emissions of hydrocarbons, oxides of nitrogen, carbon monoxide, and particulates from: (1) passenger cars and light duty trucks manufactured after 1991; and (2) heavy duty trucks and buses manufactured after 1990. Directs the Administrator to promulgate standards for vehicles using low-emissions fuel. Requires the Administrator to evaluate and, if necessary, revise such standards at least every four years. Directs the Administrator to establish a minimum percentage of new motor vehicles to be certified as low-emissions vehicles. Requires the Administrator to promulgate emissions standards for internal combustion engines used in any vehicle or machine manufactured after January 1, 1993. Requires such standards to be proportional to those for motor vehicle engines of comparable horsepower using the same fuel. Directs the Administrator to add an idle test to the Federal Test Procedure for emissions from light duty vehicles manufactured after 1991. Permits only ten percent of vehicles manufactured after 1990 in a selective enforcement audit to fail motor vehicle testing. Requires the Administrator to review and revise, as necessary, testing regulations to insure that vehicles are tested under circumstances reflecting actual current driving conditions. Requires each vehicle and engine to comply with the applicable emissions standard (Current law permits averaging). Provides that the useful life of vehicles and engines manufactured after 1994 shall be ten years or 100,000 miles. Makes technical amendments to prohibitions on tampering with vehicle emission control devices. Directs the Administrator to require the use of best available technology to control evaporative emissions from motor vehicles for a vehicle's useful life. Sets standards for emission of hydrocarbons, carbon monoxide, and evaporative hydrocarbons from motorcycles manufactured after 1991. Requires the installation of onboard emission diagnostic equipment on motor vehicles. Directs the Administrator to: (1) promulgate regulations to reduce evaporative emissions from motor vehicle fuels; and (2) establish a standard for gasoline volatility. Requires new light duty motor vehicles manufactured in the second year after standards are promulgated to be equipped with onboard evaporative emissions control systems. Provides for carbon monoxide emissions testing at 20 degrees Fahrenheit of passenger cars and light duty trucks manufactured after model year 1992. Sets emissions standards at such temperature. Title VI: Miscellaneous Provisions - Requires the Administrator to establish requirements to control air pollution from Outer Continental Shelf sources. Authorizes States adjacent to such sources to submit to the Administrator procedures for enforcing such requirements. Directs the Administrator to delegate enforcement authority to States with adequate procedures. Authorizes the Administrator to substitute maximum allowable increases in particulate matter smaller than or equal to ten micrometers (PM 10) for maximum allowable increases in such matter specified under the Clean Air Act. Authorizes the Administrator to: (1) treat Indian tribes as States under the Clean Air Act; (2) delegate to such tribes primary responsibility for assuring air pollution control; and (3) provide such tribes grant and contract assistance to carry out such functions. Outlines requirements for such authorization. Authorizes the Administrator to promulgate other means for administering such authorities where such treatment is inappropriate. Directs the Administrator to list nonattainment areas for air pollutants other than those covered by this Act when a new or revised air quality standard is promulgated. Applies the PM 10 standards, excepting attainment deadlines and provisions relating to diesel buses, to such areas. Requires the Administrator to make information regarding emissions control technology available to States and the public through a central database. Repeals provisions concerning enforcement orders and violations by owners or operators of major stationary sources. Requires States to submit plan revisions for nonattainment areas failing to meet attainment deadlines for air pollutants other than those covered by this Act. Requires new or modified sources of such pollutants to comply with provisions of this Act and applies an emissions offset ratio of three to one to such pollutants. Directs the Administrator to conduct biennial audits of motor vehicle inspection and maintenance programs in Severe or Extreme ozone or carbon monoxide nonattainment areas. Increases and expands the scope of penalties and violations of the Clean Air Act. Authorizes appropriations for FY 1990 through 1994.

North American Wetlands Conservation Act

United States · United States Congress · 11 May 1989

North American Wetlands Conservation Act - Establishes a North American Wetlands Conservation Commission. Sets forth elements to be considered by the Commission in making recommendations for wetlands conservation projects. Requires the Commission to submit annual descriptions to the Secretary of the Interior and the appropriate congressional committees of projects recommended for Federal funding. Directs the Secretary to approve such projects for funding unless such projects should not have been recommended based on the consideration factors. Requires the Secretary to carry out such projects with funding available under this Act and the Federal Aid in Wildlife Restoration Act. Requires lands, waters, or other interests acquired by the Secretary to carry out such projects to be included in the National Wildlife Refuge System, except as otherwise provided in this Act. Authorizes the Secretary to convey to States or public or private agencies approved by States any real property interest acquired, managed, or restored with funding provided by this Act, except that no such interest shall, without the Secretary's approval, be converted for uses other than conservation of migratory birds, other fish and wildlife, and the wetland ecosystems on which such species depend. Requires the Secretary to approve such conversion only if the Secretary finds it in accordance with the North American Waterfowl Management Plan (Plan) signed by Canada and the United States in 1986 and only upon such conditions deemed necessary to assure the substitution of comparable wetland ecosystems or other habitats for migratory birds and other fish and wildlife species. Directs the Secretary to grant funds to public and private entities for carrying out wetlands conservation projects in Canada and Mexico. Subjects the granting of such funds to the condition that property interests acquired, managed, or restored with such funds will be administered for the long-term conservation and management of fish and wildlife and will provide for public access and use. Amends the Federal Aid in Wildlife Restoration Act to require the Secretary to invest in interest-bearing obligations such portion of the wildlife restoration fund not required for the current year's withdrawals. Sets forth authorized investment activities and the required use of interest held on obligations in such fund. Excludes such interest from revenues to be deducted for administrative expenses. Authorizes the sums of certain penalties or fines received for violations of the Migratory Bird Treaty Act to be appropriated to the Department of the Interior for allocations of funds under this Act. Authorizes additional appropriations. Allocates funds made available under this Act and the Federal Aid in Wildlife Restoration Act. Limits the Federal contribution to wetlands conservation projects to 75 percent of the total cost for projects in Canada and Mexico and 50 percent for projects in the United States. Authorizes the Secretary to: (1) make progress payments to wetlands conservation projects; and (2) enter into agreements to make payments on initial portions of such projects, subject to the availability of Federal funds. Prohibits the use of moneys allocated under this Act for acquiring lands for inclusion in the National Wildlife Refuge System, except as provided, unless there is appropriated under the Refuge Revenue Sharing Act for such fiscal year an amount equal to the difference between the total amount of net receipts and the aggregate amount of payments to be made to counties. Requires the head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters to cooperate with the Director of the U.S. Fish and Wildlife Service to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds and fish and wildlife within such lands and waters. Directs such agencies, in the consideration of land disposal alternatives, to give priority to transfers of property for conservation purposes. Requires the Secretary to report biennially to the appropriate congressional committees on: (1) the estimated number of wetland acres and habitats that were restored, protected, or enhanced for migratory birds during such two-year period; and (2) trends in the population size and distribution of North American migratory birds. Directs the Secretary to report annually to such committees on the status of wetlands conservation projects and expenditures. Requires the Secretary, in 1991 and quinquennially thereafter, to revise the Plan with appropriate Canadian and Mexican officials. Prohibits funds made available under this Act and the Federal Aid in Wildlife Restoration Act from being used for fish and wildlife mitigation purposes under the Fish and Wildlife Coordination Act or the Water Resources Development Act of 1986.

Comprehensive Oil Pollution Liability and Compensation Act of 1989

United States · United States Congress · 11 May 1989

Comprehensive Oil Pollution Liability and Compensation Act of 1989 - Declares that it is Federal policy to create a liability and compensation system under which it is the primary responsibility of the parties responsible for an oil discharge to fund the ensuing pollution cleanup, and to compensate those damaged by such pollution. Title I: Oil Pollution Liability and Compensation - Imposes joint, several, and strict liability for specified removal costs and damages upon the party responsible for a vessel or facility from which oil is either discharged into certain waters or which poses a substantial threat of such a discharge. Provides that such costs and damages constitute a maritime lien on any vessel owned by the responsible parties (or third parties) and may be recovered in a judicial action for any district within which the vessel is found. Defines conditions under which a mobile offshore drilling unit shall be treated as either a tanker or as a facility for purposes of determining responsibility or excess liability. Sets forth defenses to liability under this Act. Sets forth limits to liability under this Act, with specified exceptions. Authorizes the Secretary of Transportation to establish by regulation a maximum liability limit. Requires the Secretary to report to the Congress from time to time regarding liability adjustments. Declares that the responsible party or his guarantor shall be liable to the claimant for interest on the amount paid in satisfaction of a claim for a specified period. Defines circumstances under which liability for injury to natural resources shall be to either: (1) the United States; (2) the affected State or Indian tribe; or (3) a foreign government. Sets forth recovery and indemnification procedures (including a civil penalty for natural resources destroyed by oil pollution which cannot be replaced and for which no equivalent can be acquired). Sets forth the uses of the Oil Spill Liability Trust Fund (the Fund) including: (1) payment of recoverable costs and administrative expenses; and (2) contributions to the International Fund. Sets forth exceptions to liability for such Fund and a specified maximum amount which may be paid from the Fund. Prescribes guidelines under which Federal, State, and Indian tribal officials may obligate from the Fund, including advance draws for immediate response to an oil discharge or substantial threat thereof. Confers rights of subrogation upon the United States for payment of any claim by the Fund. Sets forth a claims procedure for removal costs or damages. Requires the Secretary to designate the source of a discharge and to notify immediately the responsible party or guarantor of such designation. Grants subrogation rights to any person (including the Fund) who pays compensation under this Act to any claimant for costs or damages. Requires the party responsible for certain vessels over 300 gross tons to establish and maintain evidence of financial responsibility to meet maximum liability limits. Requires the Secretary of the Treasury to withhold or revoke the clearance of any vessel which fails to certify such financial responsibility. Sets forth circumstances under which such vessels may have entry into U.S. ports or waters denied. Imposes a civil penalty for failure to comply with the financial responsibility requirement. Restricts judicial review of any regulation promulgated under this Act to the Circuit Court of Appeals for the District of Columbia. Grants the district courts original and exclusive jurisdiction over all actions arising under this Act. Sets forth a limitation period for actions for removal costs, damages, or contribution. Title II: Conforming Amendments - Sets forth conforming amendments to certain related statutes, including the Trans-Alaska Pipeline Authorization Act, the Intervention on the High Seas Act, the Federal Water Pollution Control Act, the Deepwater Port Act of 1974, and the Outer Continental Shelf Lands Act Amendment of 1978. Title III: Implementation of International Conventions - States that during any period in which the Civil Liability Convention and the Fund Convention are in force with respect to the United States, owner liability for pollution damage arising from a ship-related incident shall be determined according to such Conventions. Grants recognition to the International Oil Pollution Compensation Fund as a legal person under Federal law, and deems the Director of such Fund to have irrevocably appointed the Secretary of State as the Fund's agent for service of process for legal proceedings involving the Fund within the United States. Exempts such Fund and its assets from all direct taxation in the United States. Provides that certain required contributions with respect to oil received in the United States shall be paid to the International Fund from the Oil Spill Liability Trust Fund. Grants recognition to any final judgment of a court of any country which is a party to either the Civil Liability Convention or the Fund Convention. Sets forth the financial responsibility requirements of shipowners whose vessels are subject to the Civil Liability Convention. Imposes specified sanctions and civil penalties upon persons violating the financial responsibility requirements. Waives all U.S. defenses based upon sovereign immunity with respect to any controversy arising under the Civil Liability Convention or the Fund Convention relating to any ship owned by the United States and used for commercial purposes. Authorizes the Secretary to prescribe regulations to implement this Act and all Federal obligations under the specified Oil Pollution Conventions.

A bill to amend the Coastal Zone Management Act of 1972 to designate the Secretary of Commerce as the lead trustee for ocean and coastal resources, and for other purposes.

United States · United States Congress · 10 May 1989

Amends the Coastal Zone Management Act of 1972 to designate the Secretary of Commerce as the lead Federal trustee with respect to ocean and coastal zone natural resources. Sets forth the duties of the lead trustee. Establishes an ocean and coastal resource fund for damage assessment and resource restoration, acquisition, and planning. Requires sums recovered by the Federal Government for destruction or loss of, or injury to, such resources to be deposited in such fund. Authorizes appropriations necessary to maintain such fund at a level of $10,000,000. Directs the Secretary to report to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Merchant Marine and Fisheries whenever the balance of the fund is less than $5,000,000 and to recommend a supplemental appropriation. Provides for transfers of fund moneys to miscellaneous Treasury Department receipts whenever the balance of such fund exceeds $10,000,000.

A bill to carry out long-term research on the effects of oil spills on the marine and estuarine habitats and resources of Prince William Sound, and for other purposes.

United States · United States Congress · 10 May 1989

Amends the Trans-Alaska Pipeline Authorization Act to authorize appropriations to the Secretary of Commerce from the Trans-Alaska Pipeline Liability Fund for FY 1990 through 1999 to: (1) carry out a comprehensive monitoring and research program to determine the long-term effects of the Exxon Valdez oil spill on the marine and estuarine habitats and resources of Prince William Sound; and (2) apply the results of such monitoring and research to the development of methods to protect arctic and subarctic marine and estuarine environments from accidental discharges of oil. Requires the Secretary to report to specified congressional committees on such program. Prohibits oil and gas exploration, development, or production in the Arctic National Wildlife Refuge until the Secretary's interim report has been submitted and the Secretary of Transportation assures that significant improvements have been made in the navigation safety of oil tankers in Prince William Sound.

projet de loi complémentaire à la loi n° 88-1202 du 30 décembre 1988 relative à l'adaptation de l'exploitation agricole à son environnement économique et social

France · Senate · 9 May 1989

A bill to provide for an oil spill research development center and to establish a coastal zone restoration and enhancement fund, and for other purposes.

United States · United States Congress · 9 May 1989

Amends the Outer Continental Shelf Lands Act Amendments of 1978 to increase the amount of the Offshore Oil Pollution Compensation Fund. Establishes a Research and Development Center to be administered by the Commandant of the Coast Guard and to conduct research and development on and support the prevention, containment, and cleanup of oil spills by tankers in U.S. navigable waters. Makes Fund moneys available for the Center. Directs the Secretary of the Treasury to make available to the Secretary of Transportation such funds as considered necessary to carry out these provisions. Limits the amount of available funds. Provides that efforts to restore and enhance areas affected by oil spills shall be directed by the Administrator of the Environmental Protection Agency. Establishes a Coastal Zone Restoration and Enhancement Fund for areas affected by oil spills. Requires the Administrator to expend from such Fund such sums as considered necessary for the restoration and enhancement of such areas' natural resources. Requires a one cent per barrel fee to be collected on each barrel of refined petroleum refined in, or imported into, the United States for deposit in such Fund. Terminates the collection of such fee when $500,000,000 has been accumulated in the Fund.

Beverage Container Reuse and Recycling Act

United States · United States Congress · 9 May 1989

Amends the Solid Waste Disposal Act to set forth the Beverage Container Reuse and Recycling Act. Prohibits the sale of beer, mineral water, soda water, or carbonated soft drinks in beverage containers by retailers and distributors unless such containers carry a refund value of not less than five cents. Requires that retailers and distributors pay the refund on returned containers of brands sold by such retailers or distributors. Directs the General Accounting Office to study the feasibility of establishing a handler's fee to reflect costs to retailers or redemption centers of handling returned containers. Directs the Administrator, after an opportunity for public comment, to determine whether such fee should be paid, the amount of such fee, and the means by which moneys to pay such fee will be generated. Permits retailers, redemption centers, or distributors to refuse to accept beverage containers without the printed refund value. Authorizes the Administrator to promulgate rules and regulations establishing the rights of: (1) retailers to restrict the number of containers redeemed; and (2) distributors to determine the form and condition in which such containers are to be returned to such distributors from retailers or redemption centers. Prohibits distributors and retailers from selling beverages in metal beverage containers with detachable openings. Preempts inconsistent State or local laws. Prohibits State and local governments from imposing any tax on the collection or return of refund values. Imposes penalties of up to $1,000 for violations.

Clean Ocean Act of 1989

United States · United States Congress · 9 May 1989

Clean Ocean Act of 1989 - Amends the Federal Water Pollution Control Act to make persons responsible for discharges of oil or hazardous substances into navigable waters liable for all removal costs incurred by the United States. Directs the Administrator to revise the National Contingency Plan under such Act to require owners and operators of vessels or facilities to: (1) provide equipment that is adequate to minimize damage, and suitable for responding effectively to, discharges of oil or hazardous substances; (2) provide such equipment in an amount appropriate for the unique features of the environment; (3) have such equipment inspected for certification by the Coast Guard at least every three years; (4) provide response teams for Alaska, the Pacific Northwest, California, the Gulf of Mexico, the Great Lakes, the northeast, mid-, and south Atlantic coasts, and inland waters; (5) ensure that such teams are properly and immediately in use upon receiving notice of any discharge and are engaged in containment and removal activities no later than five hours after receiving such notice; and (6) subject such teams to federally approved training, review, and approval by the agency responsible for administering such team, and periodic drills without prior notice. Authorizes the Administrator to permit owners and operators to engage in cooperative efforts to comply with the Plan. Requires all activities under the Plan to be funded by persons engaged in interstate commerce in the production or transportation of oil or any hazardous substance. Authorizes the Secretary of Transportation to charge a fee for certification inspections. Requires owners and operators to meet the requirements of the revised Plan no later than December 31, 1990. Prescribes civil penalties for violations of this Act. Makes chief executive officers of owners or operators jointly and severally liable for: (1) any fines assessed against such owners or operators; and (2) all costs incurred by the United States for the removal of oil or hazardous substances pursuant to this Act.

Incinerator Ash Amendments of 1989

United States · United States Congress · 9 May 1989

Incinerator Ash Amendments of 1989 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency to promulgate regulations, within six months of this Act's enactment, for the safe management of municipal incinerator ash. Requires that landfills into which such ashes are disposed provide for groundwater monitoring and: (1) have two or more liners and a leachate collection system above and between such liners; or (2) are monofills having a single liner and are designed to assure that there will be no future migration of any constituent into ground or surface water. Provides that alternatively-designed landfills shall meet such requirements if demonstrated that such landfills prevent migration of hazardous constituents as effectively as those required under this Act. Allows such regulations to permit bottom ash or combined bottom ash and flue which has been treated to be placed in sanitary landfills meeting current criteria. Directs the Administrator, in developing regulations for the management of municipal incinerator ash, to issue criteria and testing procedures for identifying the characteristics of such ash which may pose a hazard to human health or the environment. Authorizes the Administrator to require the owner or operator of a municipal incinerator or any facility involved in ash management to test the ash in accordance with such criteria and testing procedures. Prohibits any facility involved in the management of municipal incinerator ash from receiving such ash three years after issuance of the Administrator's regulations unless such facility has received a permit or prior approval under a State's solid waste management program and the State program requires facility compliance with such regulations or more stringent State requirements. Gives States which are making a good faith effort to effect such compliance an additional year to do so. Provides public notice and the opportunity for an informal public hearing prior to the issuance of a permit to an ash management facility. Authorizes the Administrator to issue a corrective action order when there has been a release of a hazardous ash constituent. Directs the Administrator to conduct a research and development program to develop environmentally safe means to reuse municipal incinerator ash.

Marine and Coastal Natural Resource Assessment Act

United States · United States Congress · 4 May 1989

Marine and Coastal Natural Resource Assessment Act - Requires moneys received by the United States for marine and coastal natural resource damage assessment to be retained and used by the Secretary of Commerce for reimbursement of costs and to conduct new damage assessments. Authorizes appropriations.

Airspace Protection Act of 1989

United States · United States Congress · 3 May 1989

Airspace Protection Act of 1989 - Requires the Secretary of Defense to provide written notice on any proposed designation of special use airspace to: (1) the Governor of any State over which airspace is sought to be designated as special use airspace; (2) the head of an Indian tribe on any Indian lands which are likely to be affected by such designation; and (3) the Secretary of the Interior, if such designation includes airspace above any national park, national wildlife refuge, national wild and scenic river, national trail, or national wilderness administered by the Department of the Interior. Directs the Secretary of Defense, upon the request of any Governor, to hold a public meeting and consider comments prior to making a determination with respect to such designation. Requires the Administrator of the Federal Aviation Administration to adopt procedures for assuring that such designations comply with the National Environmental Policy Act of 1969 and for the triennial review of each designation. Provides for the termination or modification of any designation if determined that the use of such airspace cannot justify the continued designation of special use airspace.

Oil Spill Resource Restoration Act

United States · United States Congress · 3 May 1989

Oil Spill Resource Restoration Act - Requires the Commandant of the Coast Guard, in the case of a major spill on navigable water, the Secretary of the Interior, in the case of any other spill, and the Governor of the State in which the spill occurs to submit to the Administrator of the Environmental Protection Agency petitions for the initiation of an expedited damage assessment proceeding. Authorizes trustees and any persons affected by such spill to submit petitions to the Administrator. Directs the Administrator, upon receiving a petition, to immediately initiate an expedited assessment of the damages to natural resources caused by the spill. Requires the Administrator to issue an order making a finding whether the spill is a major spill and, upon finding that it is a major spill, to: (1) designate lead Federal and State trustees, based on which Federal and State trustees' natural resources are most likely to be severely affected by such spill; (2) establish a natural resources trustee commission to be composed of such trustees and the Administrator; and (3) direct the responsible parties to establish a trust fund which is accessible to such commission and in an amount adequate to pay costs incurred by the commission in conducting a full assessment of the damages to natural resources and preparing a restoration and replacement plan. Authorizes the Administrator to revise such order upon submission of a petition asserting that the amount deposited in the trust fund is insufficient to carry out a full damage assessment. Requires the commission to present a final claim to the responsible parties for the cost of repairing and replacing natural resources damaged by a spill. Authorizes the Commission to amend such claim upon receiving new information regarding the nature or extent of damages or destruction caused by such spill. Requires the responsible parties to deposit the final claim amount into the trust fund. Terminates the commission on a finding that natural resources were not significantly destroyed or damaged or that such resources have been restored to the extent practicable. Provides for automatic termination of the commission six years after the commission presents its final claim unless the commission finds specific reason to continue assessment and oversight functions. Provides for judicial review of any order, final claim, or termination of the commission pursuant to this Act. Creates a rebuttable presumption that such orders and final claims shall be valid unless proven to be arbitrary, capricious, or otherwise not in accordance with law. Makes responsible parties who fail to meet the requirements of this Act liable for specified punitive damages. Amends the Internal Revenue Code to disallow any income tax deduction for oil or hazardous substances cleanup costs, including related legal expenses, unless: (1) the Secretary of the Treasury receives certification from the relevant authority that the taxpayer has made a good faith effort to comply with specified Federal environmental law; or (2) the discharge was caused by an act of God, an act of war, negligence on the part of the U.S. Government, or an act or omission of a third party.

Radon Testing for Safe Schools Act

United States · United States Congress · 3 May 1989

Radon Testing for Safe Schools Act - Directs the Administrator of the Environmental Protection Agency to establish a nationwide program to test a sample of schools in each State for purposes of identifying areas with elevated radon levels. Requires the Administrator to give priority to States containing high-risk areas identified under the Toxic Substances Control Act. Directs the Administrator to promulgate regulations requiring local educational agencies to test schools in areas having elevated radon levels. Authorizes the Administrator to provide financial assistance to such agencies to carry out such testing. Limits the Federal share of testing costs to 50 percent of the total cost. Requires the results of such tests to be made available to the public. Authorizes appropriations.

To direct the President to submit to the Congress proposals to prevent, contain, disperse, and clean up oil spills on the territorial seas, coastal waters, inland waterways, and lands of the United States.

United States · United States Congress · 3 May 1989

Directs the President to report to the Congress proposals to prevent, contain, disperse, and clean up oil spills on the territorial seas, coastal waters, inland waterways, and lands of the United States.

Asbestos Notification Act

United States · United States Congress · 2 May 1989

Asbestos Notification Act - Requires asbestos removers to notify the Administrator of the Environmental Protection Agency and designated State and local agencies at least 15 days before depositing asbestos-containing material at a disposal site. Sets forth information to be included in such notification. Directs the Administrator to study the feasibility of requiring accreditation for all persons involved in asbestos-related activities, including inspections, response actions, renovations, and demolition. Requires the Administrator to develop a model contractor accreditation plan for States, to include an optional State application fee. Directs the Administrator to report to the Congress on such study. Requires the Administrator, no later than six months after the effective date of final regulations revising the asbestos National Emission Standard for Hazardous Air Pollutants, to report to the Congress on the geographic patterns of disposal of asbestos-containing material. Prescribes civil penalties for violations of this Act.

Setting forth the congressional budget for the United States Government for the fiscal years 1990, 1991, and 1992.

United States · United States Congress · 2 May 1989

Sets forth the concurrent resolution on the budget for FY 1990 and the appropriate budgetary levels for FY 1991 and 1992. Sets forth levels and amounts of Federal revenues, new budget authority, budget outlays, and deficits for FY 1990 through 1992 for purposes of determining whether the maximum deficit amounts set forth in the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) have been exceeded. Recommends levels of Federal revenues of $776,325,000,000 for FY 1990, $831,775,000,000 for FY 1991, and $884,350,000,000 for FY 1992. Sets the amount by which the aggregate levels of Federal revenues should be increased at $5,800,000,000 for FY 1990, $6,200,000,000 for FY 1991, and $6,300,000,000 for FY 1992. Designates the following amounts of Federal revenues for Federal Insurance Contributions Act revenues for hospital insurance: (1) $69,925,000,000 for FY 1990; (2) $75,200,000,000 for FY 1991; and (3) $79,900,000,000 for FY 1992. Sets the appropriate levels of total new budget authority at $1,061,175,000,000 for FY 1990, $1,157,800,000,000 for FY 1991, and $1,214,050,000,000 for FY 1992. States that the appropriate levels of total budget outlays are $945,175,000,000 for FY 1990, $1,001,075,000,000 for FY 1991, and $1,040,400,000,000 for FY 1992. Sets deficit amounts at $168,850,000,000 for FY 1990, $169,300,000,000 for FY 1991, and $156,050,000,000 for FY 1992. Sets the appropriate level of the public debt at $3,122,800,000,000 for FY 1990, $3,374,100,000,000 for FY 1991, and $3,599,700,000,000 for FY 1992. Sets forth the appropriate levels of total Federal credit activity as follows: (1) $19,025,000,000 for new direct loan obligations and $107,325,000,000 for new primary loan guarantee commitments, for FY 1990; (2) $19,425,000,000 for new direct loan obligations and $114,875,000,000 for new primary loan guarantee commitments for FY 1991; and (3) $19,150,000,000 for new direct loan obligations and $119,700,000,000 for new primary loan guarantee commitments for FY 1992. Sets forth the levels of budget authority, budget outlays, new direct loan obligations, and new primary loan guarantee commitments for each major functional category for FY 1990 through 1992. Expresses the intent of the House Committee on the Budget that: (1) the Congress shall present the revenue and the spending reduction provisions of the reconciliation bill to the President concurrently; and (2) specific measures governing the governmental receipts figure will be determined through the regular processes, with any revenue legislation reconciled in accordance with agreement between the executive branch and the House Ways and Means Committee to be advanced legislatively when supported by the President. Requires the following House and Senate Committees to report to the Committees on the Budget of their respective Houses by June 30, 1989, changes in laws within their respective jurisdictions that are sufficient to increase contributions and reduce budget authority and outlays by specified amounts in FY 1990 through 1992: (1) House Committee on Agriculture; (2) House Committee on Banking, Finance, and Urban Affairs; (3) House Committee on Energy and Commerce; (4) House Committee on Interior and Insular Affairs; (5) House Committee on Merchant Marine and Fisheries; (6) House Committee on Post Office and Civil Service; (7) House Committee on Veterans' Affairs; (8) House Committee on Ways and Means (this committee must also report information concerning deficit reduction); (9) Senate Committee on Agriculture; (10) Senate Committee on Banking, Housing, and Urban Affairs; (11) Senate Committee on Commerce, Science, and Transportation; (12) Senate Committee on Environment and Public Works; (13) Senate Committee on Energy and Natural Resources; (14) Senate Committee on Governmental Affairs; (15) Senate Committee on Veterans' Affairs; and (16) Senate Committee on Finance (this committee must also report information concerning deficit reduction).

Consumer Ozone Protection Act of 1989

United States · United States Congress · 1 May 1989

Consumer Ozone Protection Act of 1989 - Requires any person who installs, services, or repairs mobile air-conditioners to use chlorofluorocarbon recapture equipment and to ensure that such substances are delivered to a recycling facility. Directs States to establish phased schedules for the acquisition of such equipment and to ensure that such persons have such equipment within 18 months of this Act's enactment. Prohibits the sale or distribution of any chlorofluorocarbons (CFCs) suitable for use in mobile air-conditioners in containers smaller than 30 pounds, unless such containers bear a warning label as specified in this Act. Prohibits, within nine months after this Act's enactment, the sale or distribution of CFCs in containers smaller than 30 pounds. Prohibits any person from recharging mobile air-conditioners with CFCs without first testing each air-conditioner system for leaks and repairing such leaks. Prohibits the sale or distribution of fire extinguishers that contain halons or other ozone-depleting substances listed under this Act, except for applications required by Federal law. Prohibits the sale or distribution of CFC-propelled party streamers and noise horns, CFC-containing cleaning fluids for electronic and photographic equipment, or any consumer products which are capable of releasing into the atmosphere substances listed under this Act and are determined to be nonessential. Requires products which contain or are produced with or from a substance listed under this Act to be labeled with a specified warning that such substance destroys the ozone layer, increasing the risk of skin cancer and disrupting natural systems, including food production. Directs the Consumer Product Safety Commission to promulgate regulations requiring the label to be prominently placed and visible to retail purchasers. Provides that a product not labeled in accordance with this Act shall be considered a misbranded hazardous substance subject to the Federal Hazardous Substances Act and a specified penalty. Requires the Secretary of Commerce to issue a Chlorofluorocarbon and Halon Reclamation Plan to ensure widespread reclamation, recycling, or regulated disposal of substances listed under this Act which are contained in more than de minimis amounts in consumer products or other items sold in commerce. Provides that the Plan goal is to minimize releases of such substances and to provide maximum environmental benefit. Prohibits the sale or distribution of any consumer product containing a listed substance unless an aperture has been installed on the product that allows the removal of the substance without its release into the atmosphere. Directs the Secretary to publish a priority list of manufactured substances known or reasonably anticipated to cause ozone depletion in the upper atmosphere. Requires the Secretary to publish simultaneously and annually update a list of other manufactured substances meeting the same criteria. Includes specified CFCs on each list. Authorizes the Secretary to assess civil penalties or seek injunctive relief for violations of this Act and to revoke any permit for continued noncompliance. Establishes criminal penalties for knowing violations. Permits judicial review of final regulations and the taking of additional evidence as specified. Authorizes citizen suits against violators or the Secretary, subject to specified conditions.