Resource Conservation and Recovery Act Amendments of 1992

Summary

Resource Conservation and Recovery Act Amendments of 1991 - Title I: General Amendments - Amends the Solid Waste Disposal Act to revise congressional findings, objectives, and national policy provisions. Extends the authorization of appropriations for the Solid Waste Disposal Act through FY 1996. Sets forth procedures for the administrative review of regulations. Title II: Toxics Use and Source Reduction - Encourages the Administrator of the Environmental Protection Agency (EPA), in promulgating requirements or taking actions under specified environmental Acts, to make toxics use and source reduction an integral part of the planning and decisionmaking process. Integrates specified provisions of the Pollution Prevention Act of 1990 into the Solid Waste Disposal Act. Requires the Administrator, as part of a source reduction strategy, to: (1) convey to EPA offices the impediments to toxics use and source reduction; (2) review and comment upon toxics use and source reduction strategies developed by other Federal agencies; (3) provide assistance to the educational community to promote the introduction of toxics use and source reduction principles into design, engineering, management, and environmental sciences curricula; and (4) provide for opportunities to educate Federal, State, and local government staff of opportunities for cross-media environmental protection. Extends the authorization of appropriations for grants to States to promote toxics use and source reduction by businesses through FY 1996. Requires the Administrator to survey a representative sample of owners and operators of facilities within Standard Industrial Code Classifications 20 through 39 to determine the nature and extent of: (1) the production, use, and consumption of hazardous substances and the generation of solid and hazardous wastes; and (2) toxics use and source reduction that has occurred or is planned. Directs the Administrator to: (1) establish guidelines for hazardous substance accounting practices; and (2) publish toxics use and source reduction goals for industrial categories required to report pursuant to the Emergency Planning and Community Right-to-Know Act. Requires owners or operators of facilities required to submit toxic chemical release forms pursuant to the Emergency Planning and Community Right-to-Know Act to submit to the Administrator or an authorized State a toxics use and source reduction plan. Directs the Administrator to establish a schedule for the submission of such plans. Sets forth minimum requirements for such plans. Requires owners or operators of such facilities to submit biennially to the State a toxics use and source reduction performance report documenting reduction activities. Sets forth minimum requirements for such reports. Permits persons who can show that a facility is not making a good faith effort to comply with a toxics use and source reduction plan to request EPA or an authorized State to certify whether the facility is in compliance. Authorizes the Administrator or an authorized State to require a facility audit and requires plan modifications if a facility fails to implement or achieve objectives of the plan. Applies plan requirements to Federal facilities that conduct operations comparable to facilities required to submit toxic chemical release forms. Authorizes the Administrator to adopt regulations for exempting categories of facilities from such requirements where toxic use and source reduction opportunities do not reasonably exist for such facilities. Requires the Administrator to establish a Products and Packaging Advisory Board to report on the development of a voluntary program to: (1) minimize the quantity of packaging and other material in the waste stream; (2) minimize the consumption of scarce natural resources in the production and use of packaging; (3) maximize the recycling and reuse of packaging; (4) reduce litter; and (5) assure that human health and the environment will not be affected adversely as a result of the use and disposal of packaging and products. Authorizes the Administrator, after considering the Advisory Board's report, to publish guidelines to take the steps covered by the proposed program. Requires the Administrator to: (1) determine the extent to which hazardous substances are contained in products distributed in commerce; and (2) submit to the Congress a list of products containing hazardous substances which may present a health or environmental risk when disposed or incinerated. Provides for annual revisions of such list. Authorizes the Administrator to promulgate regulations for the disposal or incineration of listed products. Requires the Administrator, if such regulations will not adequately protect human health and the environment, to regulate the manufacture and distribution in commerce of such products. Authorizes the Administrator to establish a research program at the Hazardous Substance Research Centers (created pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act) to assist the EPA Office of Pollution Prevention. Requires the Administrator to report to the Congress on the criteria that would be used in establishing a program of regulatory incentives to promote toxics use and source reduction and to evaluate the benefits to human health and the environment that can be achieved from such program. Title III: Recycling - Declares it to be a national goal that at a minimum the generation of municipal solid waste be reduced by at least ten percent by the year 2000 and that at least 25 and 50 percent of such waste stream be recycled by 1995 and the year 2000, respectively. Requires the Administrator to promulgate commodity specific recovery and utilization standards for paper, glass, metals, plastic products, and other commodities. Provides for the review of such standards at least every five years and for revisions, as necessary. Requires the annual minimum recovery and utilization rate (by December 31, 1995) to be at least: (1) 52 percent for newsprint; (2) 66 percent for corrugated paper products; (3) 20 percent for mixed paper grades; (4) 50 percent for high-grade deinking paper; and (5) 100 percent for pulp substitutes; or (6) 40 percent for all grades of paper products. Directs the Administrator, if such rates have not been achieved by such date, to establish specified minimum recycled materials content standards. Requires the minimum annual recovery and utilization rate for plastic bottles or containers having a thickness of seven mils or greater and which retain shape when unsupported to be at least 25 percent by December 31, 1995. Directs the Administrator, if such rate has not been achieved, to require the annual minimum recycled content in such bottles and containers to be 30 percent by December 31, 2000. Requires the annual average percentage of cullet in glass bottles and containers to be at least 65 percent by January 1, 2005. Directs paper manufacturers and manufacturers of glass, metal, and plastic bottles or containers to report annually to the Administrator on the amount produced, the amount of recycled material used, and the average annual percentage of recycled content used in production. Requires the Administrator to compile an annual list indicating the average annual amount of recycled material used by commodities and the percentage of recycled content for each manufacturer and commodity. Directs publishers of daily newspapers with annual circulations of 25,000 or more to publish the average annual recycled content used in the production of the newspaper. Requires the Administrator to report to the Congress on enforcing commodity specific recycling requirements. Directs the Administrator to conduct demonstration projects and to develop model programs for the collection of materials for recycling in urban and rural areas. Requires such programs to identify collection methods, recycling techniques and technologies, markets for recycled materials, methods for stimulating such markets, methods of financing, and education and training programs that are adapted for recycling in rural areas. Authorizes States to develop model programs or establish their own programs for collecting materials for recycling purposes. Sets forth minimum requirements for State programs. Requires procuring agencies to give preference in procurement to items produced with the highest percentage of recovered materials practicable. Directs such agencies to purchase a quantity of recovered materials, the value of which constitutes 20 percent of the total dollar amount spent on procurement. Increases such percentage by two percentage points every second fiscal year. Provides that the percentage of total procurement reached at the end of the tenth year shall be required for every succeeding fiscal year. Prohibits agencies from paying more than ten percent above the price of a similar item not meeting guidelines for recovered materials. Sets forth a schedule for the preparation of final guidelines for the procurement of recovered glass, ferrous and nonferrous metals, lead-acid batteries, compost, plastic, used tire fragments, and rubber. Requires the Administrator to provide technical assistance to procuring agencies for compliance purposes. Directs the Secretary of Agriculture to establish a program to assure that purchases of fertilizer by the Department of Agriculture include fertilizer made with composted solid waste or secondary materials. Requires the Secretary of Defense to review specifications for military procurement items and to make necessary modifications to eliminate requirements that discriminate against the use or acquisition of items containing recovered materials. Directs the Secretary of Commerce to take actions to stimulate the development of new markets for recovered materials and products containing such materials. Requires the Secretary and the U.S. Trade Representative to identify foreign markets for such materials and products and to assist exporters of such materials and products in selling in such markets. Directs the Secretary to: (1) acquire and disseminate information regarding the world demand and competition for recyclable materials and products containing recovered materials, the marketing and distribution of such materials and products in foreign countries, and the factors influencing the export of such materials and products from the United States; and (2) undertake demonstrations abroad of the standards of quality of such materials and products. Provides that Federal contracts for $1,000,000 or more shall require at least 50 percent of materials (for which there are procurement guidelines) used in such contracts to be produced from recycled materials. Permits any person to petition a Federal agency to undertake a waste reduction action and requires such action to be undertaken if: (1) the action would bring about at least a five percent increase in recycled content of an item or would reduce by at least five percent the total volume or toxic constituents of solid waste described in the petition; (2) the action would be consistent with existing law or policies can be modified to accommodate the action and remain in accordance with statutory requirements; and (3) the action would bring about a net saving in cost to the Federal Government or would be neutral in effect or cost. Requires Federal agencies to designate waste reduction officers to oversee compliance with Federal waste reduction requirements. Title IV: Waste and Secondary Materials Management - Revises minimum requirements for State solid waste management plans. Requires States, as part of such plans, to submit to the Administrator capacity management reports that identify or estimate: (1) the amount of municipal waste generated annually within the State; (2) the amount of such waste that is exported annually to other States for recycling, incineration, or disposal; and (3) the amount of such waste that is transported annually into the State from other States for incineration or disposal. Directs States with exports of solid waste in excess of amounts imported to provide for specified reductions of waste exports in their plans. Revises plan approval procedures. Requires the Administrator to review plans at least once every five years. Directs owners or operators of facilities that store, treat, or dispose of solid waste or facilities that recycle solid waste or secondary material to notify States. Prohibits transportation of solid waste for storage, treatment, incineration, or disposal to any facility that has not notified a State. Treats units as having satisfied the notification requirement if: (1) in States with an existing solid waste management permitting system, existing units obtain permits 12 months after this Act's enactment and new units obtain permits prior to commencing construction; and (2) in States without an existing permit system, the units submit to the Administrator a notification and exposure assessment. Prohibits, 48 months after this Act's enactment or on the date of issuance of a permit, whichever is sooner, the storage, treatment, or disposal of solid waste and the recycling of such waste or secondary material, except in accordance with a permit. Authorizes States to exempt recycling facilities from permit requirements if a permit is not necessary to protect human health and the environment. Requires State Governors to submit to the Administrator certifications that State laws provide the regulatory authority and personnel to implement permit requirements. Authorizes States, after the submission of such certifications, to issue permits to facilities in compliance with requirements. Prohibits permits from being issued by any agency or person responsible for the design and construction or operation of a unit. Requires the Administrator to issue or deny permits to solid waste management facilities if a State: (1) has failed to submit the certification or a management plan; or (2) lacks or has failed to exercise regulatory powers to implement permitting requirements. Provides that permits shall contain provisions specifying: (1) the types of wastes handled by a facility, their potential to affect human health and the environment, and measures to mitigate such potential; (2) design of the facility in relation to its location; (3) air and groundwater monitoring to identify adverse effects from a discharge from a facility; (4) financial assurance for closure and postclosure care; (5) measures necessary to prevent the unlawful disposal of hazardous waste and to control precipitation run-on and run-off; (6) restrictions on the receipt of liquids or measures to mitigate the adverse effects of liquids; and (7) the authority to require any corrective action to prevent adverse effects on health and the environment. Limits permits to five-year periods. Authorizes the issuance of a single permit for facilities with multiple units. Requires the owners or operators of facilities subject to permit requirements (except recycling facilities) to pay a fee to cover costs of administering the permit program. Sets forth requirements with respect to fees collected by permitting authorities. Authorizes the Administrator, if the fee provisions of a permit program do not meet specified requirements, to collect fees from facilities. Requires sources that fail to pay fees to pay a penalty of 50 percent of the fee amount plus interest. Directs the Administrator to promulgate guidelines establishing minimum requirements (pursuant to a specified schedule) for facilities that manage solid waste in the following categories: (1) municipal solid waste; (2) municipal waste combustion ash; (3) medical wastes; and (4) industrial solid wastes. Requires the Administrator to identify other solid waste categories for which guidelines are appropriate and specify a schedule for the promulgation of such guidelines. Sets forth minimum requirements for municipal solid waste landfills with respect to groundwater and gas monitoring, hazardous waste disposal, illegal dumping of wastes, run-on and run-off controls, closure and postclosure, financial responsibility, corrective action, liners, leachate collection and removal, and location. Provides that guidelines shall establish requirements for the management of municipal incinerator ash. Requires that landfills into which such ashes are disposed provide for groundwater monitoring and: (1) have a double liner and a leachate collection system above and between such liner; or (2) place such ashes in a monofill having a single composite liner and designed to assure that there will be no future migration of any constituent into ground or surface water. Provides that landfill design requirements shall not apply to owners or operators of solid waste management units utilizing alternative designs if demonstrated that such designs prevent such migration. Provides that the regulations may allow disposal of ash from units in sanitary landfills if such ash and any treated fly ash so disposed are tested and meet 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. Requires 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. Requires that any ash which is identified as posing a hazard to human health or the environment be disposed of in a landfill which has two or more liners and a leachate collection system above and between such liners. Directs the Administrator to validate such criteria and testing procedures by conducting an analysis of leachate at facilities disposing or reusing ash from municipal incinerators. Authorizes the Administrator to issue a corrective action order or commence an enforcement action against a facility when there has been a release of a hazardous constituent. Authorizes the Administrator or States, under certain conditions, to grant variances from ash disposal requirements pursuant to this Act to owners or operators of municipal incinerators. Limits such variances to specified time periods. Repeals a provision of the Solid Waste Disposal Act which exempts facilities burning household and specified nonhazardous waste from regulation requirements under such Act. Sets forth requirements for guidelines governing the management of medical wastes. Requires the Administrator to establish: (1) an education and outreach program to provide information and assistance for non-hospital sources of medical wastes; and (2) a process for approval and certification of treatment technologies capable of rendering medical waste harmless. Makes it unlawful to treat, store, or dispose of industrial waste in any new surface impoundment unit at an existing facility, any replacement of such unit, or any lateral expansion of such unit, unless the unit is equipped with: (1) two or more liners and a leachate collection system between such liners; and (2) groundwater monitoring. Exempts from such prohibition: (1) alternative design and operating practices for surface impoundments that prevent the migration of hazardous constituents into water at least as effectively as liners and leachate collection systems; and (2) industrial wastewater if such wastewater is noncontact, freshwater cooling water used in the industrial process. Prohibits the placement of bulk liquids and liquids in containers into any landfill containing industrial waste. Applies standards and requirements for hazardous waste treatment, storage, and disposal facilities to hazardous waste recycling facilities. Deems hazardous secondary material to be hazardous waste for purposes of relevant requirements unless the Administrator promulgates requirements for the recycling, recovery, and reuse of hazardous waste and secondary material. Sets forth minimum requirements. Applies specified requirements for recycling materials set forth in the Code of Federal Regulations (CFR) to hazardous waste and secondary material recycling facilities. Requires regulations under the Solid Waste Disposal Act applicable to hazardous waste treatment, storage, and disposal facilities (in lieu of the CFR requirements) to facilities generating or receiving hazardous secondary material or waste where: (1) such material or waste is burned for energy recovery or where the main purpose is the destruction of the material; (2) such material or waste is inherently waste-like; (3) the products of facilities receiving such material or waste will be used in a manner constituting disposal; or (4) the material or waste is speculatively accumulated. Directs owners or operators of facilities recycling, recovering, or reusing hazardous material in a closed loop manufacturing process or directly reusing hazardous waste or secondary material to certify to the Administrator that such facilities meet the requirements of a closed loop system or direct use process and are exempt from requirements for hazardous waste facilities. Directs the Administrator to provide for permits for facilities which store and recycle hazardous waste or secondary material. Provides for: (1) public notice and comment prior to construction and commencement of operations at such facilities; (2) a demonstration by facility owners or operators that the facility is in compliance with applicable requirements; (3) annual on-site inspection of such facilities by the permitting authority; and (4) such other information to verify compliance with the permit. Authorizes the Administrator to revoke permits if compliance with standards cannot be verified. Makes such requirements inapplicable to land disposal units or incinerators. Permits a class of facilities or recycling units to be eligible for such permits by rule only if no single facility or recycling unit has the potential for significant damage to human health and the environment and will have minimal cumulative adverse effects. Requires the Administrator to promulgate standards for: (1) recycling facilities for solid wastes and secondary materials (other than hazardous wastes and secondary materials); and (2) the reuse or use of products from recycling or resource recovery activities other than raw materials for manufacturing processes and for the use and composition of compost made from solid waste. Sets forth minimum requirements for such standards. Directs the Administrator to promulgate regulations for collecting, transporting, recycling, and managing lead-acid batteries and tires. Prohibits: (1) the disposal or incineration of lead-acid batteries; and (2) the disposal of tires in land disposal facilities. Directs the Administrator to promulgate regulations for the collection, storage, transportation, or recycling of used oil. Provides that used oil that is not managed in accordance with such regulations shall be managed as a hazardous waste. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of such regulations on the used oil recycling industry. Provides that regulations for used oil collectors shall: (1) prohibit the storage of used oil in an underground storage tank unless such tank meets requirements under the Solid Waste Disposal Act; (2) prohibit the storage of used oil for more than 12 months; (3) require collectors to transfer such oil to specified permitted used oil recycling or disposal facilities or transporters; and (4) require collectors to keep specified records on such oil. Requires used oil transporter regulations to provide that such transporters: (1) acquire identification numbers from EPA; (2) meet applicable financial responsibility requirements; and (3) keep specified records. Includes intermediate storage requirements in transporter regulations. Provides that used oil recycler regulations shall require recyclers to: (1) keep specified records; and (2) test fuel produced from the recycling process before departure from the facility. Prohibits mixing used oil with hazardous waste identified or listed under the Solid Waste Disposal Act except when: (1) the resulting mixture does not exhibit hazardous waste characteristics;and (2) the mixture is burned to recover useful energy in a device that ensures protection of health and the environment. Prohibits the recycling of used oil except in accordance with a permit. Sets forth requirements to be effective if the Administrator fails to promulgate used oil regulations by the applicable deadline. Requires the Administrator to implement education programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of used oil and the benefits derived from used oil recycling. Authorizes appropriations. Deems used oil recyclers to have interim permits if they submit specified information to the Administrator or an authorized State. Authorizes a State to prohibit the transportation of municipal solid waste into such State for disposal or incineration from a State with an intrastate restriction on the movement of such waste if the importing State has closed or upgraded all open dumps. Permits a State to enact and enforce laws to collect fees for the incineration and disposal of municipal solid wastes generated in another State if such fees: (1) are applicable throughout the State and do not discriminate against a disposal or incineration site or point of waste generation; and (2) do not apply to any municipal solid waste and recyclable materials that have been separated from municipal solid waste that is transported to a recycling facility. Sets forth a fee scale. Provides for annual increases in such fees, based upon the Consumer Price Index. Authorizes a State to impose fees on municipal solid waste generated in another State only upon certification that the importing State is in compliance with an approved solid waste management plan. Permits a State to restrict or prohibit the transportation of solid waste generated in another State if: (1) the importing State has, and is in compliance with, an approved solid waste management plan; and (2) the exporting State is not in compliance with, or does not have, an approved plan. Authorizes persons adversely affected by State laws or regulations governing the transportation of municipal solid waste to petition the Administrator for relief. Permits the Administrator to suspend State authority for a specified time period. Requires the Administrator to promulgate regulations prescribing recycling practices which shall be exempt from State authorities governing the transportation of municipal solid waste. Prohibits the disposal (pursuant to a specified schedule) of municipal solid waste originating in another State without the prior consent of the Governor of the receiving State, if the receiving State is in compliance with solid waste management requirements. Prohibits the disposal in any State of solid waste generated in another State without the prior consent of the Governor of the receiving State, if the receiving State is in compliance with solid waste management requirements. Prohibits the disposal in any State of solid waste generated in another State if such disposal constitutes the open dumping of solid waste. Prescribes civil and criminal penalties for specified violations of the Solid Waste Disposal Act. Extends the authorization of appropriations for solid waste planning, solid and hazardous waste management and resource recovery programs, and solid waste management assistance for rural communities. Title V: Underground Storage Tanks - Authorizes the Administrator to guarantee principal and interest on loans made to qualified small businesses for the closure and replacement of underground storage tanks. Sets forth amounts and conditions of such guarantees. Permits the Administrator to make principal and interest payments on behalf of the borrower if: (1) the borrower is unable to make such payment and it is in the public interest to continue the project; and (2) the probable net cost to the Government in making such payments would be less than that resulting from the borrower's default. Authorizes the Administrator, in the event of a default by a borrower, to make payments in accordance with the guarantee. Requires the Attorney General to recover payments from the defaulting borrower. Terminates the authority to make loan guarantees or payment contracts seven years after this Act's enactment. Permits the Administrator or a State to undertake corrective action with respect to threatened releases of petroleum from underground storage tanks.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 25 April 1991

   Introduced

   Read twice and referred to the Committee on Environment and Public Works.

   Source: IntroReferral

2. 25 April 1991

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 5 June 1991

   Committee

   Subcommittee on Environmental Protection. Hearings held.

   Source: Committee

4. 6 June 1991

   Committee

   Committee on Environment and Public Works. Hearings held.

   Source: Committee

5. 18 June 1991

   Committee

   Subcommittee on Environmental Protection. Hearings held.

   Source: Committee

6. 24 July 1991

   Committee

   Subcommittee on Environmental Protection. Hearings held.

   Source: Committee

7. 31 July 1991

   Committee

   Subcommittee on Environmental Protection. Hearings held.

   Source: Committee

8. 11 September 1991

   Committee

   Subcommittee on Environmental Protection. Hearings held.

   Source: Committee

9. 12 September 1991

   Committee

   Subcommittee on Environmental Protection. Hearings held.

   Source: Committee

10. 13 September 1991

    Committee

    Subcommittee on Environmental Protection. Hearings held.

    Source: Committee

11. 17 September 1991

    Committee

    Subcommittee on Environmental Protection. Hearings concluded. Hearings printed: S.Hrg. 102-240.

    Source: Committee

12. 5 March 1992

    Committee

    Subcommittee on Environmental Protection. Hearings held.

    Source: Committee

13. 30 April 1992

    Committee

    Committee on Environment and Public Works. Committee consideration and Mark Up Session held.

    Source: Committee

14. 13 May 1992

    Committee

    Committee on Environment and Public Works. Committee consideration and Mark Up Session held.

    Source: Committee

15. 20 May 1992

    Reported

    Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.

    Source: Committee

16. 19 June 1992

    Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 495.

    Source: Calendars

17. 19 June 1992

    Reported

    Committee on Environment and Public Works. Reported to Senate by Senator Burdick with an amendment in the nature of a substitute and an amendment to the title. With written report No. 102-301. Additional views filed.

    Source: Committee

18. 19 June 1992

    Reported

    Committee on Environment and Public Works. Reported to Senate by Senator Burdick with an amendment in the nature of a substitute and an amendment to the title. With written report No. 102-301. Additional views filed.

    Source: Committee

Votes

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Versions

• Introduced in Senate · — · Download file
• Reported to Senate · — · Download file

Documents

4 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Introduced in Senate (text)

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• Reported to Senate with amendment(s)

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• Introduced in Senate

  summary · EN · 25 April 1991

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Sponsors

• Sen. Baucus, Max [D-MT] · D · Sponsor
• Sen. Chafee, John H. [R-RI] · R · Sponsor
• Sen. Burdick, Quentin N. [D-ND] · D · Sponsor
• · ssev00 · Standing

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