Materials Recycling Enhancement Act of 1991

Summary

Materials Recycling Enhancement Act of 1991 - Title I: Amendments to Solid Waste Disposal Act - Amends the Solid Waste Disposal Act to revise objective, national policy, and definitions provisions. Requires the heads of Federal agencies to promote and establish programs to reduce the volume or quantity and toxicity of solid waste requiring disposal and to encourage procurement of products made from recycled materials. Directs Federal agencies to procure recycled products, except in any case where: (1) the contractor certifies that the product is not available or is only available at a cost of ten percent greater than virgin material; or (2) the product does not meet technical specifications established by the procuring agency. Authorizes procurement contracts to require persons to use products made from recycled materials in the performance of such contracts. Provides that a price is unreasonable, for purposes of procuring recycled and recovered items, if it exceeds the price of the alternative item by ten percent or more. Requires procuring agencies to manage or arrange for the procurement of items made from recycled materials and of solid waste management services in a manner which maximizes recycling and minimizes the land disposal of solid waste. Directs the Administrator of the Environmental Protection Agency (EPA) to establish minimum national standards for the management of activities involving the recycling of materials. Provides for the review of such standards at least every three years and revision, as appropriate. Requires such standards to: (1) allow for class permits for recycling collection or processing activities; (2) distinguish between requirements for existing and new facilities; (3) specify technical standards for storing materials entering or exiting processes for recycling where such standards are not defined by voluntary consensus standards setting organizations or trade associations; (4) take into account that the value of materials in the recycling process fluctuates subject to market conditions and that such fluctuations could interfere with the expectation for marketing the end product; (5) include requirements with respect to storage, recordkeeping, manifest systems, contingency plans, and financial responsibility; and (6) exempt specified activities from regulation. Provides for the exemption of a State from national standards if such State has a recycling management program at least as stringent as, and in compliance with, such standards. Requires owners or operators of recycling facilities to obtain permits. Encourages States and other entities imposing fees for permits or other recycling services to establish fees in a manner to encourage recycling. Directs the Administrator to establish regulations for: (1) financial responsibility for permits issued under State permit programs; and (2) generators and transporters of materials for recycling to ensure that such materials are transported to designated recycling facilities and to ensure compliance with a manifest system. Requires owners or operators of facilities designated in a manifest to provide certification of receipt of materials for recycling. Directs State Governors seeking to enforce recycling programs to submit to the Administrator: (1) descriptions of such programs; and (2) statements from a State's Attorney General or other authorized official that the State's laws provide adequate authority, personnel, and funding to carry out such programs. Sets forth program approval and withdrawal procedures. Authorizes States with approved programs to inspect facilities and records. Permits States or the Administrator to: (1) suspend or revoke recycling activities of persons in violation of program requirements; and (2) assess civil penalties for continued noncompliance. Requires persons owning or operating recycling facilities or storing, transporting, or producing materials for recycling to file a notice stating the location and description of such facilities and the types of recycling materials handled with the Administrator and the State. Directs the Administrator to issue guidelines for dispute resolution procedures for use by States in resolving disputes regarding the siting of recycling and solid waste management facilities that otherwise remain unsettled at a local level. Prohibits the dissemination of confidential information provided by industry to a State or the Administrator without the consent of the party who furnished the information. Exempts such information from disclosure under Federal and State freedom of information laws. Requires the Administrator, upon request, to provide technical assistance to State and local governments and Federal entities to: (1) establish waste reduction and recycling programs; and (2) encourage partnerships with the private sector and universities to incorporate research efforts and university expertise. Directs the Administrator to: (1) establish a program to provide technical information on waste reduction alternatives and strategies; and (2) promote the research, development, and demonstration of processes or technologies to improve the recycling of materials and the use of such materials in manufacturing products for commercial purposes. Authorizes appropriations. Revises provisions concerning the classification of materials recovered from solid waste to require the Secretary of Commerce to develop specifications for classifying materials diverted from solid waste for recycling and resource recovery. Requires the Secretary to: (1) encourage the publication and updating of standards for recycled and recovered materials in industrial, commercial, and governmental uses; and (2) establish a program to demonstrate the use of recycled products and recycling technologies at Federal facilities that are not readily available in commerce, but are available for commercial demonstration. Directs the Secretary, in carrying out such program, to: (1) encourage the use of materials which may be recycled or recovered; (2) promote the development of domestic and international markets for such materials; and (3) provide technical assistance to State and local governments and Federal entities with respect to specifications for the use of recycled materials in all types of structures. Requires the Secretary to establish a program with respect to the development of markets for such materials. Authorizes appropriations. Requires the Administrator of General Services to: (1) identify manufacturers of products made from materials that have been recycled on the Federal Product Schedule and provide such manufacturers with assistance to encourage the inclusion of their products on such schedule; and (2) issue Federal procurement guidelines for products made from recycled materials. Authorizes appropriations. Replaces the authority of the EPA Administrator with respect to issuing procurement guidelines concerning recycled materials with the authority of the Administrator of General Services. Title II: Federal Trade Commission - Requires the Chairman of the Federal Trade Commission to: (1) prescribe uniform labeling rules describing the content of products made from recycled materials; and (2) design a national seal for use on products made from recycled materials for use by companies in marketing their products and to assist consumers in making purchasing decisions. Permits the Commission to charge a fee for licensing such seal.

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 15 July 1991

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