legislation: 100-s-2773
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| 100-s-2773 | 100 | s | 2773 | Waste Minimization and Control Act of 1988 | Environmental Protection | 1988-09-09 | 1988-09-26 | Subcommittee on Hazardous Wastes and Toxic. Hearings held. | Senate | Sen. Baucus, Max [D-MT] | MT | D | B000243 | 1 | Waste Minimization and Control Act of 1988 - 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: (1) source reduction; (2) recycling; (3) material and 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 1988 through 1992 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; and (4) establish a hierarchy for solid waste management, based on the State's environmental and economic conditions, which is consistent with this Act's waste reduction and recycling goals. 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). Treats existing facilities as having a permit once they demonstrate that they are not releasing hazardous substances into the environment or are controlling such releases through corrective action. Requires States to certify that their laws provide such regulatory authority and personnel as necessary to implement a permit program, otherwise the EPA shall issue or deny such permits. 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 Administrator of the EPA. Requires that such guidelines be developed for the management of: (1) municipal solid waste; (2) municipal waste combustion residues; (3) emissions from municipal waste incineration facilities; (4) medical wastes; (5) mining wastes; (6) industrial nonhazardous wastes handled in surface impoundments; (7) oil, gas and geothermal wastes; (8) underground injection of nonhazardous wastes; and (9) other solid wastes. Requires that such guidelines include requirements regarding: (1) the siting of a solid waste source; (2) construction quality assurance with respect to the installation of a source; (3) the licensing and training of persons who install or operate a source; (4) the design of a source; (5) the operation and maintenance of a source; (6) corrective action in response to releases; (7) the maintenance of records of a leak detection, sampling, or monitoring system; and (8) the maintenance of evidence of financial responsibility. Sets forth minimum guidelines for each category of solid waste. Authorizes the Administrator of the EPA 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 or storage 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, treatment, storage, and disposal of such wastes. Requires exporters of solid waste to register with, and submit specified export information to the Administrator who shall submit annually to the Congress a report summarizing such information. Authorizes appropriations for grants to States and rural communities for the development and implementation of solid waste reduction and recycling plans. Title III: Waste Reduction and Recycling Act of 1988 - Directs the Administrator to establish: (1) a national performance efficiency standard for industrial waste generators in SIC's 20-39, requiring that within ten years hazardous residuals will not exceed five percent of production throughput; (2) a national goal of 25 percent municipal solid waste recycling within four years and 50 percent within ten years where recycling constitutes least cost disposal, 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. 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 a program 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 after 120 months after this Act's enactment. 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, within 48 months of this Act's enactment, a plan to quantify and report on the manner in which each hazardous substance is consumed, used, and/or released. Directs the Administrator to report to the Congress, within one year after the submission of such plans, 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 that persons who are required to file such form and who release toxic chemicals in violation of any Clean Air, NPDES, or waste management permit 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, 1989, 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 reduction 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. Authorizes 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, within one year of this Act's enactment, 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 of. Provides for regulation of the disposal or incineration of such products. Prohibits, one year after this Act's enactment, the land disposal and incineration of lead-acid and mercury batteries. Directs the Administrator to promulgate performance standards and other requirements, within one year of this Act's enactment, necessary to protect the public health and the environment from hazards associated with recycled lead-acid and mercury batteries. Exempts recyclers of lead-acid and mercury batteries from certain liability provisions of the Superfund Amendments and Reauthorization Act of 1986 if such batteries are not mixed with other hazardous substances and are managed in compliance with standards promulgated under the Solid Waste Disposal Act. Amends the Resource Conservation and Recovery Act to require 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 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. | 2025-08-28T20:07:54Z |