I

103D CONGRESS

1ST SESSION H. R. 424

To establish certain requirements with respect to solid waste and hazardous

waste incinerators, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. TOWNS introduced the following bill; which was referred to the Committee

on Energy and Commerce

MAY 13, 1993

Additional sponsors: Mr. OBERSTAR and Mr. HOLDEN

A BILL

To establish certain requirements with respect to solid waste

and hazardous waste incinerators, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Pollution Prevention,

5 Community Recycling, and Incinerator Control Act’’.
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1 SEC. 2. MORATORIUM ON MUNICIPAL SOLID WASTE INCIN2 ERATORS.

3 (a) AMENDMENT TO SUBTITLE D.—Subtitle D of the

4 Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is

5 amended by adding at the end the following new section:

6 ‘‘SEC. 4011. MUNICIPAL SOLID WASTE INCINERATORS.

7 ‘‘(a) MORATORIUM.—No municipal solid waste incin8 erator may be issued a permit for construction or expan9 sion until the year 2000.

10 ‘‘(b) REQUIREMENTS.—After December 31, 1999, no

11 Federal agency, State or local government, or other waste

12 management jurisdiction may issue a permit (including a

13 permit under section 129(e) of the Clean Air Act) or other

14 prior approval for the construction or expansion of a mu15 nicipal solid waste incinerator, unless the applicant for the

16 permit or other approval demonstrates, and the State

17 finds, that the following requirements are met:

18 ‘‘(1) The applicant shall conduct a waste com19 position analysis of the solid waste generated in a

20 year within the area to be served by the facility and

21 shall demonstrate that it will continue to conduct

22 such a waste composition analysis annually. Each

23 entity from which the facility plans to accept waste

24 also shall conduct a waste composition analysis of

25 the solid waste generated in a year by the persons

26 from whom the entity collects waste and shall dem-
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1 onstrate that it will continue to conduct such a

2 waste composition analysis annually. Any such waste

3 composition analysis shall be conducted in compli4 ance with the regulations promulgated under sub5 section (c).

6 ‘‘(2) Each entity from which the facility plans

7 to accept waste shall demonstrate that it has di8 verted during at least one year, and will continue to

9 divert for each subsequent year, to waste manage10 ment methods other than incineration and landfilling

11 the following percentages of the total amount of

12 each of the following materials generated annually

13 by the persons from whom the entity collects waste:

14 ‘‘(A) Glass, 65 percent.

15 ‘‘(B) Newspapers, 65 percent.

16 ‘‘(C) Other paper, 65 percent.

17 ‘‘(D) Metals, 80 percent.

18 ‘‘(E) Plastics, 50 percent.

19 ‘‘(F) Yard waste, 90 percent.

20 ‘‘(G) Food waste, 10 percent.

21 ‘‘(3) The applicant shall demonstrate that—

22 ‘‘(A) the facility will not interfere with

23 maintaining the diversion rates set forth in

24 paragraph (2) for each entity from which the

25 facility plans to accept waste; and
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1 ‘‘(B) in any case in which a diversion rate

2 by an entity from which the facility plans to ac3 cept waste is higher than the rate set forth in

4 paragraph (2), the facility will not interfere

5 with maintaining the higher diversion rate.

6 ‘‘(4) The applicant shall demonstrate that it is

7 not feasible to manage the remaining solid waste

8 through source reduction, reuse, or recycling.

9 ‘‘(5) The applicant shall demonstrate that the

10 facility will not adversely affect the environment or

11 human health as a consequence of—

12 ‘‘(A) exposure to air emissions or inciner13 ator ash through inhalation;

14 ‘‘(B) ingestion of food contaminated by air

15 emissions or incinerator ash as a consequence

16 of incorporation of such ash or emissions into

17 the food chain;

18 ‘‘(C) ingestion of potable water or aquatic

19 organisms contaminated by surface water dis20 charges, surface runoff, leaching, or percolation

21 of air emissions or incinerator ash into ground

22 water or surface water;

23 ‘‘(D) ingestion or inhalation of soil par24 ticles contaminated with air emissions or incin25 erator ash; or
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1 ‘‘(E) dermal contact with air emissions or

2 incinerator ash.

3 ‘‘(6) The applicant shall demonstrate that the

4 facility is not situated in a nonattainment area (as

5 that term is used in part D of title I of the Clean

6 Air Act (42 U.S.C. 7501 et seq.)).

7 ‘‘(7) The applicant shall demonstrate that the

8 facility will not harm the local economy, including a

9 demonstration that it will not negatively affect prop10 erty values.

11 ‘‘(8) The applicant shall demonstrate that the

12 full cost of the facility over its entire life, including

13 capital costs, debt service, liability insurance, reme14 diation, and long-term operation and maintenance

15 expenses, will be less costly than reducing, recycling,

16 or composting waste.

17 ‘‘(9) The Federal agency, State or local govern18 ment, or other waste management jurisdiction shall

19 conduct a full public participation process, including

20 public hearings, to address the proposed facility. As

21 part of the process, the applicant shall provide to

22 local community groups concerned about the project

23 a technical assistance grant of at least $50,000. The

24 applicant shall renew the grant every six months

25 after the initial grant is made until the date on
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1 which final action is completed by each Federal

2 agency, State or local government, or other waste

3 management jurisdiction on each permit for con4 struction or expansion of the facility.

5 ‘‘(10) The proposed construction or expansion

6 must be approved by the unit of local government in

7 whose boundaries the facility would be sited.

8 ‘‘(11) The applicant shall demonstrate the fol9 lowing with respect to the applicant, any firm en10 gaged to operate the facility, the parent firm of the

11 applicant and any firm engaged to operate the facil12 ity, and any firms controlled by the parent firm or

13 the operating firm or the applicant:

14 ‘‘(A) Each such entity is in compliance

15 with Federal and State environmental and pub16 lic health statutes and regulations.

17 ‘‘(B) Each such entity has paid all out18 standing fines or penalties for violations of such

19 statutes or regulations.

20 ‘‘(C) Each such entity has made available

21 to the public at the site, and at local public li22 braries in the jurisdiction where the facility

23 would be sited, a disclosure statement. The dis24 closure statement shall include the following in25 formation with respect to the entity:
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1 ‘‘(i) A list of each conviction of fraud

2 or any criminal offense during the previous

3 10 years in connection with obtaining or

4 attempting to obtain a contract.

5 ‘‘(ii) A list of each conviction of a vio6 lation of a State or Federal anti-trust law

7 during the previous 10 years, including

8 convictions relating to unlawful price-fix9 ing, allocation of customers among com10 petitors, and bid-rigging.

11 ‘‘(iii) A list of each citation for a per12 mit violation under a Federal, State, or

13 local environmental statute during the pre14 vious 5 years.

15 ‘‘(iv) A list of each citation for failure

16 to conduct proper cleanup, reclamation, or

17 closure of a site or forfeiture of a bond for

18 such a failure during the previous 5 years.

19 ‘‘(12) The applicant shall complete, after public

20 notice and comment, an environmental impact state21 ment. Such statement shall be conducted in the

22 same manner and in conformance with the same

23 standards required for environmental impact state24 ments under the National Environmental Policy Act
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1 (42 U.S.C. 4321 et seq.) and must be approved by

2 the State.

3 ‘‘(c) WASTE COMPOSITION ANALYSIS REGULA4 TIONS.—(1) Not later than January 1, 1995, the Adminis5 trator shall promulgate regulations containing standards

6 for the conduct of waste composition analyses under sub7 section (b)(1). In the regulations, the Administrator shall

8 define the term ‘waste composition analysis’ to mean—

9 ‘‘(A) an identification of all materials that fall

10 within standard categories and subcategories of ma11 terials set forth by the Administrator, including, at

12 a minimum, glass, newspapers, other paper, metals,

13 plastics, yard waste, and food waste; and

14 ‘‘(B) a measurement of the quantities of those

15 materials, using a method established by the Admin16 istrator.

17 ‘‘(2) The regulations also shall include procedures

18 for—

19 ‘‘(A) certification of the accuracy of a waste

20 composition analysis by the entity carrying out the

21 analysis; and

22 ‘‘(B) verification by the Administrator of the

23 accuracy of a waste composition analysis.

24 ‘‘(d) AUTHORITY TO IMPOSE HIGHER DIVERSION

25 RATES.—The Administrator shall assess periodically, but
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1 not less often than at least once every 3 years, whether

2 the achievement of higher diversion rates under subsection

3 (b)(2) is feasible. If the Administrator concludes that a

4 higher rate is feasible for one or more materials listed in

5 subsection (b)(2), the Administrator may by rule require

6 such higher rate for the material under such subsection.

7 ‘‘(e) DEFINITIONS.—For purposes of this section, the

8 following definitions apply:

9 ‘‘(1) The term ‘municipal solid waste inciner10 ator’ means a distinct operating unit of any facility

11 which combusts any solid waste material from com12 mercial or industrial establishments or the general

13 public (including single and multiple residences, ho14 tels, and motels). Such term does not include (i) in15 cinerators or other units required to have a permit

16 under section 3005; (ii) materials recovery facilities

17 (including primary or secondary smelters) which

18 combust waste for the primary purpose of recovering

19 metals; (iii) qualifying small power production facili20 ties, as defined in section 3(17)(C) of the Federal

21 Power Act (16 U.S.C. 769(17)(C), which burn ho22 mogeneous waste (other than refuse-derived fuel) for

23 the production of electric energy; (iv) air curtain in24 cinerators provided that such incinerators only burn

25 wood wastes, yard wastes, and clean lumber and
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1 that such air curtain incinerators comply with opac2 ity limitations to be established by the Administrator

3 by rule; or (v) incinerators or other units that burn

4 only infectious medical waste.

5 ‘‘(2) The term ‘waste management jurisdiction’

6 means a governmental entity which issues permits

7 for construction or expansion of municipal solid

8 waste incinerators within its boundaries.

9 ‘‘(f) REGULATIONS.—The Administrator shall pro10 mulgate regulations to carry out this section.’’.

11 (b) TECHNICAL AMENDMENT.—The table of contents

12 for subtitle D of such Act (contained in section 1001 of

13 such Act) is amended by adding at the end the following

14 new item:

‘‘Sec. 4011. Municipal solid waste incinerators.’’.

15 SEC. 3. MUNICIPAL SOLID WASTE INCINERATOR ASH MAN16 AGEMENT.

17 Section 3001 of the Solid Waste Disposal Act (42

18 U.S.C. 6921) is amended by adding at the end the follow19 ing new subsection:

20 ‘‘(j) ASH FROM MUNICIPAL SOLID WASTE INCINER21 ATORS.—(1) Notwithstanding section 306 of the Clean Air

22 Act Amendments of 1990 (Public Law 101–549; 104 Stat.

23 2584), ash from municipal solid waste incinerators shall

24 be considered to be a hazardous waste and shall be subject

25 to this subtitle.
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1 ‘‘(2) Ash from municipal solid waste incinerators

2 shall be managed in a monofill that contains only ash from

3 such incinerators and that includes, at a minimum, the

4 following design components:

5 ‘‘(A) A double liner system designed, operated,

6 and constructed of materials to prevent the migra7 tion of any constituent into the liners during the pe8 riod such facility remains in operation (including

9 any postclosure monitoring period). The double liner

10 system shall consist of one flexible membrane liner

11 and one composite liner, with a leachate collection

12 system above and between such liners. For purposes

13 of this subsection, the term ‘flexible membrane liner’

14 means a liner that consists of high density poly15 ethylene or equivalent material that is at least 60

16 mils thick and a layer of recompacted clay or other

17 natural materials at least 3 feet thick with hydraulic

conductivity of no more than 1 x 10–7 18 centimeter per

19 second.

20 ‘‘(B) Upon closure, a final composite cover sys21 tem designed, operated, and constructed of materials

22 to prevent the infiltration of precipitation into such

23 cover during any closure or post-closure monitoring

24 period. For purposes of this section, the term ‘com25 posite cover’ means a cover which consists of high
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1 density polyethylene or equivalent material that is at

2 least 40 mils thick and a layer of recompacted clay

3 or other natural materials at least 2 feet thick with

hydraulic conductivity of no more than 1 x 10–7 4 cen5 timeter per second.

6 ‘‘(3) Municipal solid waste incinerators in existence

7 on the date of the enactment of the Pollution Prevention,

8 Community Recycling, and Incinerator Control Act shall

9 meet the requirements of paragraph (2) not later than 3

10 years after such date of enactment.

11 ‘‘(4) As of the date of the enactment of the Pollution

12 Prevention, Community Recycling, and Incinerator Con13 trol Act, the utilization of municipal solid waste inciner14 ator ash for any purpose is prohibited.

15 ‘‘(5) For purposes of this subsection, the following

16 definitions apply:

17 ‘‘(A) The term ‘ash from municipal solid waste

18 incinerators’ means the residues resulting from the

19 combustion of municipal solid waste in a municipal

20 solid waste incinerator.

21 ‘‘(B) The term ‘municipal solid waste inciner22 ator’ means a distinct operating unit of any facility

23 which combusts any solid waste material from com24 mercial or industrial establishments or the general

25 public (including single and multiple residences, ho-
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1 tels, and motels). Such term does not include (i) in2 cinerators or other units required to have a permit

3 under section 3005; (ii) materials recovery facilities

4 (including primary or secondary smelters) which

5 combust waste for the primary purpose of recovering

6 metals; (iii) qualifying small power production facili7 ties, as defined in section 3(17)(C) of the Federal

8 Power Act (16 U.S.C. 769(17)(C), which burn ho9 mogeneous waste (other than refuse-derived fuel) for

10 the production of electric energy; (iv) air curtain in11 cinerators provided that such incinerators only burn

12 wood wastes, yard wastes and clean lumber and that

13 such air curtain incinerators comply with opacity

14 limitations to be established by the Administrator by

15 rule; or (v) incinerators or other units that burn

16 only infectious medical waste.’’.

17 SEC. 4. PROHIBITION ON INCINERATION OF CERTAIN MA18 TERIALS.

19 (a) PROHIBITION.—Section 3001 of the Solid Waste

20 Disposal Act (42 U.S.C. 6921) is further amended by add21 ing at the end the following new subsection:

22 ‘‘(k) PROHIBITION ON INCINERATION OF CERTAIN

23 MATERIALS.—The following materials and products may

24 not be incinerated in a municipal solid waste incinerator:

25 ‘‘(1) Household hazardous waste.
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1 ‘‘(2) Batteries.

2 ‘‘(3) Chlorinated plastics.

3 ‘‘(4) Consumer electronics.

4 ‘‘(5) Yard waste.’’.

5 (b) EFFECTIVE DATE.—Subsection (k) of section

6 3001 of the Solid Waste Disposal Act (as added by sub7 section (a)) shall take effect 18 months after the date of

8 the enactment of this Act.

9 SEC. 5. REQUIREMENTS RELATING TO HAZARDOUS WASTE

10 INCINERATORS.

11 (a) AMENDMENT TO SUBTITLE C.—Subtitle C of the

12 Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is

13 amended by adding at the end the following new section:

14 ‘‘SEC. 3021. HAZARDOUS WASTE INCINERATORS.

15 ‘‘(a) GENERAL REQUIREMENTS.—Effective on the

16 date of the enactment of the Pollution Prevention, Com17 munity Recycling, and Incinerator Control Act, no Federal

18 agency, State or local government, or any other waste

19 management jurisdiction may issue a permit or other prior

20 approval for the construction or expansion of a hazardous

21 waste incinerator unless the following requirements are

22 met:

23 ‘‘(1) The applicant for the permit or other prior

24 approval, and all generators of waste expected to be

25 incinerated at the facility, shall conduct waste com-
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1 position analyses that identify and quantify all the

2 waste expected to be incinerated at the facility, in3 cluding all toxic or hazardous substances in the

4 waste.

5 ‘‘(2) The applicant shall demonstrate that the

6 toxics use reduction requirements of subsection (b)

7 have been met.

8 ‘‘(3) The applicant shall demonstrate that the

9 facility will not interfere with, divert resources from,

10 or otherwise serve as a disincentive to, aggressive

11 implementation of the toxics use reduction require12 ments of subsection (b).

13 ‘‘(4) The applicant shall demonstrate that the

14 facility will not adversely affect the environment or

15 human health as a consequence of—

16 ‘‘(A) exposure to air emissions or inciner17 ator ash through inhalation;

18 ‘‘(B) ingestion of food contaminated by air

19 emissions or incinerator ash as a consequence

20 of incorporation of such ash or emissions into

21 the food chain;

22 ‘‘(C) ingestion of potable water or aquatic

23 organisms contaminated by surface water dis24 charges, surface runoff, leaching, or percolation
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1 of air emissions or incinerator ash into ground

2 water or surface water;

3 ‘‘(D) ingestion or inhalation of soil par4 ticles contaminated with air emissions or incin5 erator ash; or

6 ‘‘(E) dermal contact with air emissions or

7 incinerator ash.

8 ‘‘(5) The applicant shall demonstrate that the

9 facility will not harm the local economy, including a

10 demonstration that it will not negatively affect prop11 erty values.

12 ‘‘(6) The applicant shall demonstrate that there

13 is no safer disposal or treatment technology available

14 for any of the wastes.

15 ‘‘(7) The Federal agency, State or local govern16 ment, or other waste management jurisdiction shall

17 conduct a full public participation process, including

18 public hearings, to address the proposed facility. As

19 part of the process, the applicant shall provide to

20 local community groups concerned about the project

21 a technical assistance grant of at least $50,000. The

22 applicant shall renew the grant every six months

23 after the initial grant is made until the date final ac24 tion is completed by each Federal agency, State or

25 local government, or other waste management juris-
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1 diction on each permit for construction or expansion

2 of the facility.

3 ‘‘(8) The proposed construction or expansion

4 must be approved by the unit of local government in

5 whose boundaries the facility would be sited.

6 ‘‘(9) The applicant shall demonstrate the fol7 lowing with respect to the applicant, any firm en8 gaged to operate the facility, the parent firm of the

9 applicant and any firm engaged to operate the facil10 ity, and any firms controlled by the parent firm or

11 the operating firm or the applicant:

12 ‘‘(A) Each such entity is in compliance

13 with Federal and State environmental and pub14 lic health statutes and regulations.

15 ‘‘(B) Each such entity has paid all out16 standing fines or penalties for violations of such

17 statutes or regulations.

18 ‘‘(C) Each such entity has made available

19 to the public at the site, and at local public li20 braries in the jurisdiction where the facility

21 would be sited, a disclosure statement. The dis22 closure statement shall include the following in23 formation with respect to the entity:

24 ‘‘(i) A list of each conviction of fraud

25 or any criminal offense during the previous
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1 10 years in connection with obtaining or

2 attempting to obtain a contract.

3 ‘‘(ii) A list of each conviction of a vio4 lation of a State or Federal anti-trust law

5 during the previous 10 years, including

6 convictions relating to unlawful price-fix7 ing, allocation of customers among com8 petitors, and bid-rigging.

9 ‘‘(iii) A list of each citation for a per10 mit violation under a Federal, State, or

11 local environmental statute during the pre12 vious 5 years.

13 ‘‘(iv) A list of each citation for failure

14 to conduct proper cleanup, reclamation, or

15 closure of a site or forfeiture of a bond for

16 such a failure during the previous 5 years.

17 ‘‘(10) The applicant shall complete, after public

18 notice and comment, an environmental impact state19 ment. Such statement shall be conducted in the

20 same manner and in conformance with the same

21 standards required for environmental impact state22 ments under the National Environmental Policy Act

23 (42 U.S.C. 4321 et seq.) and must be approved by

24 the State.
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1 ‘‘(b) TOXICS USE REDUCTION REQUIREMENTS.—(1)

2 For purposes of subsection (a)(2), an applicant for a per3 mit, and each generator of waste expected to be inciner4 ated at the facility, shall demonstrate that each such gen5 erator has completed and made available to the public, and

6 intends to complete and make available each subsequent

7 year, a report on the use of toxic or hazardous substances

8 at the generator’s facility and the reduction of the use of

9 such substances during the preceding year at the genera10 tor’s facility. The report shall include, at a minimum, the

11 following:

12 ‘‘(A) A materials accounting for each toxic or

13 hazardous substance used in each production unit of

14 the generator’s facility and for the facility as a

15 whole.

16 ‘‘(B) An evaluation of options for reducing the

17 use of toxic and hazardous substances in each pro18 duction unit of the generator’s facility.

19 ‘‘(C) Two- and five-year goals, by toxic and

20 hazardous substance, for reducing the use of each

21 substance in each production unit of the generator’s

22 facility and in the facility as a whole.

23 ‘‘(D) A schedule for implementing the goals re24 ferred to in subparagraph (C).
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1 ‘‘(E) A statement signed by an independent ex2 pert certifying that, to the expert’s best knowledge

3 and belief, the report prepared by the generator is

4 true, complete, accurate, and prepared under a prop5 er data accounting and planning system.

6 ‘‘(2) For purposes of subsection (a)(2), an applicant

7 for a permit shall demonstrate that the State in which

8 the facility is located, and each State in which generators

9 of waste expected to be incinerated at the facility are lo10 cated, has established and is implementing a toxics use

11 reduction program that includes, at a minimum, the fol12 lowing requirements:

13 ‘‘(A) The program must be designed to achieve,

14 within 5 years after the date the program is estab15 lished, at least a 50 percent reduction, from the base

16 year, in the amount of toxic or hazardous substances

17 entering the hazardous waste stream prior to treat18 ment, recycling, handling, disposal, or release.

19 ‘‘(B) The program must require generators of

20 hazardous waste to develop a plan for reducing their

21 toxic or hazardous substance use.

22 ‘‘(C) The program must require each generator

23 of hazardous waste to publicly report on materials

24 accounting for each production unit of the genera25 tor’s facility and the facility as a whole.
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1 ‘‘(c) APPLICABILITY.—This section applies to any fa2 cility that burns hazardous waste, including cement kilns

3 and other industrial furnaces and boilers.

4 ‘‘(d) DEFINITIONS.—For purposes of this section, the

5 following definitions apply:

6 ‘‘(1) The term ‘base year’ means any calendar

7 year, not earlier than 1989, for which a State has

8 complete and adequate information on the genera9 tion of toxic or hazardous substances entering the

10 hazardous waste stream, prior to treatment, recy11 cling, handling, disposal, or release.

12 ‘‘(2) The term ‘toxic or hazardous substance’

13 means—

14 ‘‘(A) a substance on the list described in

15 section 313(c) of the Emergency Planning and

16 Community Right-To-Know Act of 1986 (42

17 U.S.C. 11023(c));

18 ‘‘(B) any chemical for which a Federal or

19 State law requires reporting similar to section

20 313 of such Act but which is not otherwise cov21 ered under subparagraph (A);

22 ‘‘(C) any hazardous constituent of hazard23 ous wastes identified under regulations promul24 gated under this subtitle and listed in sections

25 261.33(e), 261.33(f), and Appendix VIII of
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1 part 261 of title 40 of the Code of Federal Reg2 ulations; and

3 ‘‘(D) any priority pollutant listed under

4 regulations relating to steam electric power

5 point source pollutants under the Federal

6 Water Pollution Control Act (33 U.S.C. 1311 et

7 seq.) (as listed in Appendix A of section 423 of

8 title 40 of the Code of Federal Regulations).

9 ‘‘(3)(A) The term ‘toxics use reduction’ means

10 any change in a production process or activity, raw

11 material, or product, that reduces or eliminates the

12 use of any toxic or hazardous substance, or the

13 amount of any toxic or hazardous substance entering

14 any waste stream or otherwise released to the envi15 ronment (including fugitive emissions and hazardous

16 secondary materials), prior to recycling, treatment,

17 disposal, handling, or release, without creating or in18 creasing risks to the public health, workers, consum19 ers, or the environment. The term includes produc20 tion equipment or technology modifications, reformu21 lation or redesign of products, substitution of raw

22 materials, changes in production processes or proce23 dures, and improvements in housekeeping, mainte24 nance, training, or inventory control.
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1 ‘‘(B) The term does not include (i) any waste

2 management or pollution control activity, or any

3 other practice which alters the physical, chemical, or

4 biological characteristics, or the volume, of a toxic or

5 hazardous substance through a process or activity

6 which itself is not integral to and necessary for the

7 production of a product or the providing of a service;

8 (ii) recycling without the use of in-process, in-line, or

9 closed-loop recycling methods according to standard

10 engineering practices and that is not integral to and

11 necessary for the production of the product within

12 the original production unit; or (iii) the use of a by13 product as hazardous secondary material, as a prod14 uct, or as a constituent of a product.’’.

15 (b) TECHNICAL AMENDMENT.—The table of contents

16 for subtitle C of such Act (contained in section 1001 of

17 such Act) is amended by adding at the end the following

18 new item:

‘‘Sec. 3021. Hazardous waste incinerators.’’.

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