I

104TH CONGRESS

1ST SESSION H. R. 2211

To establish certain requirements with respect to solid waste and hazardous

waste incinerators, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1995

Mr. RICHARDSON (for himself, Mr. TOWNS, and Mr. HINCHEY) introduced the

following bill; which was referred to the Committee on Commerce

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 ‘‘Dioxin Reduction and

5 Incinerator Alternatives Act of 1995’’.

6 SEC. 2. MORATORIUM ON MUNICIPAL SOLID WASTE INCIN7 ERATORS.

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

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

10 amended by adding at the end the following new section:
2

•HR 2211 IH

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

2 ‘‘(a) MORATORIUM.—No municipal solid waste incin3 erator may be issued a permit for construction or expan4 sion until the year 2001.

5 ‘‘(b) REQUIREMENTS.—After December 31, 2000, no

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

7 management jurisdiction may issue a permit (including a

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

9 prior approval for the construction or expansion of a mu10 nicipal solid waste incinerator, unless the applicant for the

11 permit or other approval demonstrates, and the State

12 finds, that the following requirements are met:

13 ‘‘(1) The applicant shall conduct a waste com14 position analysis of the solid waste generated in a

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

16 shall demonstrate that it will continue to conduct

17 such a waste composition analysis annually. Each

18 entity from which the facility plans to accept waste

19 also shall conduct a waste composition analysis of

20 the solid waste generated in a year by the persons

21 from whom the entity collects waste and shall dem22 onstrate that it will continue to conduct such a

23 waste composition analysis annually. Any such waste

24 composition analysis shall be conducted in compli25 ance with the regulations promulgated under sub26 section (c).
3

•HR 2211 IH

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

2 to accept waste shall demonstrate that it has di3 verted during calendar year 2000, and will continue

4 to divert for each subsequent year, to waste manage5 ment methods other than incineration and landfilling

6 the following percentages of the total amount of

7 each of the following materials generated annually

8 by the persons from whom the entity collects waste:

9 ‘‘(A) Glass, 65 percent.

10 ‘‘(B) Newspapers, 65 percent.

11 ‘‘(C) Other paper, 65 percent.

12 ‘‘(D) Metals, 80 percent.

13 ‘‘(E) Plastic containers, 50 percent.

14 ‘‘(F) Yard waste, 90 percent.

15 ‘‘(G) Food waste, 10 percent.

16 Each such entity shall also demonstrate that, during

17 calendar years 1998 and 1999, it has diverted to

18 such waste management methods an interim diver19 sion percentage established by the Administrator (at

least 1 20 ⁄2) of the percentages of the materials speci21 fied in subparagraphs (A) through (G).

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

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

24 maintaining the diversion rates set forth in
4

•HR 2211 IH

1 paragraph (2) for each entity from which the

2 facility plans to accept waste; and

3 ‘‘(B) in any case in which a diversion rate

4 by an entity from which the facility plans to ac5 cept waste is higher than the rate set forth in

6 paragraph (2), the facility will not interfere

7 with maintaining the higher diversion rate.

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

9 not feasible to manage the remaining solid waste

10 through source reduction, reuse, or recycling.

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

12 facility will not adversely affect the environment or

13 human health as a consequence of—

14 ‘‘(A) exposure to air emissions or inciner15 ator ash through inhalation;

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

17 emissions or incinerator ash as a consequence

18 of incorporation of such ash or emissions into

19 the food chain;

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

21 organisms contaminated by surface water dis22 charges, surface runoff, leaching, or percolation

23 of air emissions or incinerator ash into ground

24 water or surface water;
5

•HR 2211 IH

1 ‘‘(D) ingestion or inhalation of soil par2 ticles contaminated with air emissions or incin3 erator ash; or

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

5 incinerator ash.

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

7 facility is not situated in a nonattainment area (as

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

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

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

11 facility will not harm the local economy, including a

12 demonstration that it will not negatively affect prop13 erty values.

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

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

16 capital costs, debt service, liability insurance, reme17 diation, and long-term operation and maintenance

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

19 or composting waste.

20 ‘‘(9) The Federal agency, State or local govern21 ment, or other waste management jurisdiction shall

22 conduct a full public participation process, including

23 public hearings, to address the proposed facility. As

24 part of the process, the applicant shall provide to

25 local community groups concerned about the project
6

•HR 2211 IH

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

2 applicant shall renew the grant every six months

3 after the initial grant is made until the date on

4 which final action is completed by each Federal

5 agency, State or local government, or other waste

6 management jurisdiction on each permit for con7 struction or expansion of the facility.

8 ‘‘(10) The proposed construction or expansion

9 must be approved by the unit of local government in

10 whose boundaries the facility would be sited.

11 ‘‘(11) The applicant shall demonstrate the fol12 lowing with respect to the applicant, any firm en13 gaged to operate the facility, the parent firm of the

14 applicant and any firm engaged to operate the facil15 ity, and any firms controlled by the parent firm or

16 the operating firm or the applicant:

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

18 with Federal and State environmental and pub19 lic health statutes and regulations.

20 ‘‘(B) Each such entity has paid all out21 standing fines or penalties for violations of such

22 statutes or regulations.

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

24 to the public at the site, and at local public li25 braries in the jurisdiction where the facility
7

•HR 2211 IH

1 would be sited, a disclosure statement. The dis2 closure statement shall include the following in3 formation with respect to the entity:

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

5 or any criminal offense during the previous

6 10 years in connection with obtaining or

7 attempting to obtain a contract.

8 ‘‘(ii) A list of each conviction of a vio9 lation of a State or Federal antitrust law

10 during the previous 10 years, including

11 convictions relating to unlawful price-fix12 ing, allocation of customers among com13 petitors, and bid-rigging.

14 ‘‘(iii) A list of each citation for a per15 mit violation under a Federal, State, or

16 local environmental statute during the pre17 vious 5 years.

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

19 to conduct proper cleanup, reclamation, or

20 closure of a site or forfeiture of a bond for

21 such a failure during the previous 5 years.

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

23 notice and comment, an environmental impact state24 ment. Such statement shall be conducted in the

25 same manner and in conformance with the same
8

•HR 2211 IH

1 standards required for environmental impact state2 ments under the National Environmental Policy Act

3 (42 U.S.C. 4321 et seq.) and must be approved by

4 the State.

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

facility is not located within 11 6 ⁄2 miles of any school,

7 hospital, church, synagogue, mosque, prison, body of

8 surface water used as a drinking water source, or

9 site designated by any Federal or State agency as a

10 recharge zone for an aquifer that serves as a drink11 ing water source.

12 ‘‘(14) The State in which the incinerator is lo13 cated shall complete, prior to 1998, an incinerator

14 capacity study which makes a determination of each

15 of the following:

16 ‘‘(A) The baseline capacity within the

17 State and after all recyclables, compostables

18 and noncombustibles are diverted from the

19 waste stream.

20 ‘‘(B) The baseline capacity within the En21 vironmental Protection Agency Region and

22 after diversion of list in I,2),a).

23 ‘‘(C) The baseline capacity for landfills

24 after diversion of list in I,2),a).
9

•HR 2211 IH

1 ‘‘(D) Potential health impacts of additional

2 incinerators.

3 ‘‘(E) Any disproportionate impact on mi4 nority and low-income communities of addi5 tional incinerators.

6 States shall have the authority to levy a fee from ex7 isting incinerator and landfills to fund studies.

8 ‘‘(15) The Administrator has conducted, during

9 1998 and 1999, a national capacity study based on

10 the information contained in State studies conducted

11 under paragraph (14).

12 ‘‘(16) The applicant shall demonstrate that the

13 location of the facility will not have a disproportion14 ate impact on minority or low-income communities.

15 ‘‘(c) WASTE COMPOSITION ANALYSIS REGULA16 TIONS.—(1) Not later than January 1, 1998, the Adminis17 trator shall promulgate regulations containing standards

18 for the conduct of waste composition analyses under sub19 section (b)(1). In the regulations, the Administrator shall

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

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

22 within standard categories and subcategories of ma23 terials set forth by the Administrator, including, at

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

25 plastics, yard waste, and food waste; and
10

•HR 2211 IH

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

2 materials, using a method established by the Admin3 istrator.

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

5 for—

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

7 composition analysis by the entity carrying out the

8 analysis; and

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

10 accuracy of a waste composition analysis.

11 ‘‘(d) AUTHORITY TO IMPOSE HIGHER DIVERSION

12 RATES.—The Administrator shall assess periodically, but

13 not less often than at least once every 3 years, whether

14 the achievement of higher diversion rates under subsection

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

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

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

18 such higher rate for the material under such subsection.

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

20 following definitions apply:

21 ‘‘(1) 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-
11

•HR 2211 IH

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

13 that such air curtain incinerators comply with opac14 ity limitations to be established by the Administrator

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

16 only infectious medical waste.

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

18 means a governmental entity which issues permits

19 for construction or expansion of municipal solid

20 waste incinerators within its boundaries.

21 ‘‘(f) REGULATIONS.—The Administrator shall pro22 mulgate regulations to carry out this section.’’.

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

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

•HR 2211 IH

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

2 new item:

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

3 SEC. 3. MUNICIPAL SOLID WASTE INCINERATOR ASH MAN4 AGEMENT.

5 Section 4003(a) of the Solid Waste Disposal Act (42

6 U.S.C. 6921) is amended by adding at the end the follow7 ing:

8 ‘‘(6) ASH FROM MUNICIPAL SOLID WASTE INCINER9 ATORS.—(A) The plan shall insure that ash from munici10 pal solid waste incinerators is managed in a monofill that

11 contains only ash from such incinerators and that in12 cludes, at a minimum, the following design components:

13 ‘‘(i) A double liner system designed, operated,

14 and constructed of materials to prevent the migra15 tion of any constituent into the liners during the pe16 riod such facility remains in operation (including

17 any postclosure monitoring period). The double liner

18 system shall consist of one flexible membrane liner

19 and one composite liner, with a leachate collection

20 system above and between such liners. For purposes

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

22 means a liner that consists of high density poly23 ethylene or equivalent material that is at least 60

24 mils thick and a layer of recompacted clay or other

25 natural materials at least 3 feet thick with hydraulic
13

•HR 2211 IH

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

2 second.

3 ‘‘(ii) Upon closure, a final composite cover sys4 tem designed, operated, and constructed of materials

5 to prevent the infiltration of precipitation into such

6 cover during any closure or post-closure monitoring

7 period. For purposes of this section, the term ‘com8 posite cover’ means a cover which consists of high

9 density polyethylene or equivalent material that is at

10 least 40 mils thick and a layer of recompacted clay

11 or other natural materials at least 2 feet thick with

hydraulic conductivity of no more than 1 x 10–7 12 cen13 timeter per second.

14 ‘‘(B) Municipal solid waste incinerators in existence

15 on the date of the enactment of the Pollution Prevention

16 and Incineration Alternatives Act of 1995 shall meet the

17 requirements of clause (i) not later than 3 years after such

18 date of enactment.

19 ‘‘(C) As of the date of the enactment of the Pollution

20 Prevention and Incineration Alternatives Act of 1995, the

21 utilization of municipal solid waste incinerator ash for any

22 purpose is prohibited.

23 ‘‘(D) For purposes of this paragraph, the following

24 definitions apply:
14

•HR 2211 IH

1 ‘‘(i) The term ‘ash from municipal solid waste

2 incinerators’ means the residues resulting from the

3 combustion of municipal solid waste in a municipal

4 solid waste incinerator.

5 ‘‘(ii) The term ‘municipal solid waste inciner6 ator’ means a distinct operating unit of any facility

7 which combusts any solid waste material from com8 mercial or industrial establishments or the general

9 public (including single and multiple residences, ho10 tels, and motels). Such term does not include (I) in11 cinerators or other units required to have a permit

12 under section 3005; (II) materials recovery facilities

13 (including primary or secondary smelters) which

14 combust waste for the primary purpose of recovering

15 metals; (III) qualifying small power production fa16 cilities, as defined in section 3(17)(C) of the Federal

17 Power Act (16 U.S.C. 769(17)(C)), which burn ho18 mogeneous waste (other than refuse-derived fuel) for

19 the production of electric energy; (IV) air curtain in20 cinerators provided that such incinerators only burn

21 wood wastes, yard wastes and clean lumber and that

22 such air curtain incinerators comply with opacity

23 limitations to be established by the Administrator by

24 rule; or (V) incinerators or other units that burn

25 only infectious medical waste.’’.
15

•HR 2211 IH

1 SEC. 4. PROHIBITION ON INCINERATION OF CERTAIN

2 MATERIALS.

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

4 Disposal Act (42 U.S.C. 6921) is further amended by add5 ing at the end the following new subsection:

6 ‘‘(k) PROHIBITION ON INCINERATION OF CERTAIN

7 MATERIALS.—The following materials and products may

8 not be incinerated in a municipal solid waste incinerator:

9 ‘‘(1) Household hazardous waste.

10 ‘‘(2) Batteries.

11 ‘‘(3) Chlorinated plastics.

12 ‘‘(4) Consumer electronics.

13 ‘‘(5) Yard waste.’’.

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

15 3001 of the Solid Waste Disposal Act (as added by sub16 section (a)) shall take effect 18 months after the date of

17 the enactment of this Act.

18 SEC. 5. REQUIREMENTS RELATING TO HAZARDOUS WASTE

19 INCINERATORS.

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

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

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

23 ‘‘SEC. 3021. HAZARDOUS WASTE INCINERATORS.

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

25 date of the enactment of the Pollution Prevention and In26 cineration Alternatives Act of 1995, no Federal agency,
16

•HR 2211 IH

1 State or local government, or any other waste manage2 ment jurisdiction may issue a permit or other prior ap3 proval for the construction or expansion of a hazardous

4 waste incinerator unless the following requirements are

5 met:

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

7 approval, and all generators of waste expected to be

8 incinerated at the facility, shall conduct waste com9 position analyses that identify and quantify all the

10 waste expected to be incinerated at the facility, in11 cluding all toxic or hazardous substances in the

12 waste.

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

14 toxics use reduction requirements of subsection (b)

15 have been met.

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

17 facility will not interfere with, divert resources from,

18 or otherwise serve as a disincentive to, aggressive

19 implementation of the toxics use reduction require20 ments of subsection (b).

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

22 facility will not adversely affect the environment or

23 human health as a consequence of—

24 ‘‘(A) exposure to air emissions or inciner25 ator ash through inhalation;
17

•HR 2211 IH

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

2 emissions or incinerator ash as a consequence

3 of incorporation of such ash or emissions into

4 the food chain;

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

6 organisms contaminated by surface water dis7 charges, surface runoff, leaching, or percolation

8 of air emissions or incinerator ash into ground

9 water or surface water;

10 ‘‘(D) ingestion or inhalation of soil par11 ticles contaminated with air emissions or incin12 erator ash; or

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

14 incinerator ash.

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

16 facility will not harm the local economy, including a

17 demonstration that it will not negatively affect prop18 erty values.

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

20 is no safer disposal or treatment technology available

21 for any of the wastes.

22 ‘‘(7) The Federal agency, State or local govern23 ment, or other waste management jurisdiction shall

24 conduct a full public participation process, including

25 public hearings, to address the proposed facility. As
18

•HR 2211 IH

1 part of the process, the applicant shall provide to

2 local community groups concerned about the project

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

4 applicant shall renew the grant every six months

5 after the initial grant is made until the date final ac6 tion is completed by each Federal agency, State or

7 local government, or other waste management juris8 diction on each permit for construction or expansion

9 of the facility.

10 ‘‘(8) The proposed construction or expansion

11 must be approved by the unit of local government in

12 whose boundaries the facility would be sited.

13 ‘‘(9) The applicant shall demonstrate the fol14 lowing with respect to the applicant, any firm en15 gaged to operate the facility, the parent firm of the

16 applicant and any firm engaged to operate the facil17 ity, and any firms controlled by the parent firm or

18 the operating firm or the applicant:

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

20 with Federal and State environmental and pub21 lic health statutes and regulations.

22 ‘‘(B) Each such entity has paid all out23 standing fines or penalties for violations of such

24 statutes or regulations.
19

•HR 2211 IH

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

2 to the public at the site, and at local public li3 braries in the jurisdiction where the facility

4 would be sited, a disclosure statement. The dis5 closure statement shall include the following in6 formation with respect to the entity:

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

8 or any criminal offense during the previous

9 10 years in connection with obtaining or

10 attempting to obtain a contract.

11 ‘‘(ii) A list of each conviction of a vio12 lation of a State or Federal anti-trust law

13 during the previous 10 years, including

14 convictions relating to unlawful price-fix15 ing, allocation of customers among com16 petitors, and bid-rigging.

17 ‘‘(iii) A list of each citation for a per18 mit violation under a Federal, State, or

19 local environmental statute during the pre20 vious 5 years.

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

22 to conduct proper cleanup, reclamation, or

23 closure of a site or forfeiture of a bond for

24 such a failure during the previous 5 years.
20

•HR 2211 IH

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

2 notice and comment, an environmental impact state3 ment. Such statement shall be conducted in the

4 same manner and in conformance with the same

5 standards required for environmental impact state6 ments under the National Environmental Policy Act

7 (42 U.S.C. 4321 et seq.) and must be approved by

8 the State.

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

facility is not located within 11 10 ⁄2 miles of any school,

11 hospital, church, synagogue, mosque, prison, body of

12 surface water used as a drinking water source, or

13 site designated by any Federal or State agency as a

14 recharge zone for an aquifer that serves as a drink15 ing water source.

16 ‘‘(12) The applicant shall demonstrate that the

17 location of the facility will not have a disproportion18 ate impact on minority or low-income communities.

19 ‘‘(b) TOXICS USE REDUCTION REQUIREMENTS.—(1)

20 For purposes of subsection (a)(2), an applicant for a per21 mit, and each generator of waste expected to be inciner22 ated at the facility, shall demonstrate that each such gen23 erator has completed and made available to the public, and

24 intends to complete and make available each subsequent

25 year, a report on the use of toxic or hazardous substances
21

•HR 2211 IH

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

2 such substances during the preceding year at the genera3 tor’s facility. The report shall include, at a minimum, the

4 following:

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

6 hazardous substance used in each production unit of

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

8 whole.

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

10 use of toxic and hazardous substances in each pro11 duction unit of the generator’s facility.

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

13 hazardous substance, for reducing the use of each

14 substance in each production unit of the generator’s

15 facility and in the facility as a whole.

16 ‘‘(D) A schedule for implementing the goals re17 ferred to in subparagraph (C).

18 ‘‘(E) A statement signed by an independent ex19 pert certifying that, to the expert’s best knowledge

20 and belief, the report prepared by the generator is

21 true, complete, accurate, and prepared under a prop22 er data accounting and planning system.

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

24 for a permit shall demonstrate that the State in which

25 the facility is located, and each State in which generators
22

•HR 2211 IH

1 of waste expected to be incinerated at the facility are lo2 cated, has established and is implementing a toxics use

3 reduction program that includes, at a minimum, the fol4 lowing requirements:

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

6 within 5 years after the date the program is estab7 lished, at least a 50 percent reduction, from the base

8 year, in the amount of toxic or hazardous substances

9 entering the hazardous waste stream prior to treat10 ment, recycling, handling, disposal, or release.

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

12 hazardous waste to develop a plan for reducing their

13 toxic or hazardous substance use.

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

15 of hazardous waste to publicly report on materials

16 accounting for each production unit of the genera17 tor’s facility and the facility as a whole.

18 ‘‘(c) APPLICABILITY.—This section applies to any fa19 cility that burns hazardous waste, including cement kilns

20 and other industrial furnaces and boilers.

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

22 following definitions apply:

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

24 year, not earlier than 1991, for which a State has

25 complete and adequate information on the genera-
23

•HR 2211 IH

1 tion of toxic or hazardous substances entering the

2 hazardous waste stream, prior to treatment, recy3 cling, handling, disposal, or release.

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

5 means—

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

7 section 313(c) of the Emergency Planning and

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

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

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

11 State law requires reporting similar to section

12 313 of such Act but which is not otherwise cov13 ered under subparagraph (A);

14 ‘‘(C) any hazardous constituent of hazard15 ous wastes identified under regulations promul16 gated under this subtitle and listed in sections

17 261.33(e), 261.33(f), and Appendix VIII of

18 part 261 of title 40 of the Code of Federal Reg19 ulations; and

20 ‘‘(D) any priority pollutant listed under

21 regulations relating to steam electric power

22 point source pollutants under the Federal

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

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

25 title 40 of the Code of Federal Regulations).
24

•HR 2211 IH

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

2 any change in a production process or activity, raw

3 material, or product, that reduces or eliminates the

4 use of any toxic or hazardous substance, or the

5 amount of any toxic or hazardous substance entering

6 any waste stream or otherwise released to the envi7 ronment (including fugitive emissions and hazardous

8 secondary materials), prior to recycling, treatment,

9 disposal, handling, or release, without creating or in10 creasing risks to the public health, workers, consum11 ers, or the environment. The term includes produc12 tion equipment or technology modifications, reformu13 lation or redesign of products, substitution of raw

14 materials, changes in production processes or proce15 dures, and improvements in housekeeping, mainte16 nance, training, or inventory control.

17 ‘‘(B) The term does not include (i) any waste

18 management or pollution control activity, or any

19 other practice which alters the physical, chemical, or

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

21 hazardous substance through a process or activity

22 which itself is not integral to and necessary for the

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

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

25 closed-loop recycling methods according to standard
25

•HR 2211 IH

1 engineering practices and that is not integral to and

2 necessary for the production of the product within

3 the original production unit; or (iii) the use of a by4 product as hazardous secondary material, as a prod5 uct, or as a constituent of a product.’’.

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

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

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

9 new item:

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

Æ

HR 2211 IH——2

HR 2211 IH——3

HR 2211 IH——4