I

103D CONGRESS

1ST SESSION H. R. 1740

To amend the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 to prohibit the use of solid waste as fuel for

any incinerator being used for the destruction of polychlorinated

biphenyls or other hazardous substances and to require the Environmental Protection Agency to review and research methods of disposal

and storage of polychlorinated biphenyls.

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1993

Mr. MCCLOSKEY introduced the following bill; which was referred jointly to

the Committees on Energy and Commerce and Science, Space, and Technology

A BILL

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to prohibit the

use of solid waste as fuel for any incinerator being used

for the destruction of polychlorinated biphenyls or other

hazardous substances and to require the Environmental

Protection Agency to review and research methods of

disposal and storage of polychlorinated biphenyls.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. PROHIBITION ON USE OF SOLID WASTE AS

2 FUEL FOR CERTAIN INCINERATORS.

3 Section 104 of the Comprehensive Environmental Re4 sponse, Compensation and Liability Act of 1980 (42

5 U.S.C. 9604) is amended by adding at the end the follow6 ing new subsection:

7 ‘‘(k) PROHIBITION ON USE OF SOLID WASTE AS

8 FUEL FOR CERTAIN INCINERATORS.—Solid waste may

9 not be used as fuel in any incinerator—

10 ‘‘(1) being used for the destruction of poly11 chlorinated biphenyls or other hazardous substances

12 from a facility subject to a response action under

13 this Act; or

14 ‘‘(2) being used in any other way in the imple15 mentation of a response action under this Act.’’.

16 SEC. 2. REVIEW AND RESEARCH ON DISPOSAL AND STOR17 AGE OF POLYCHLORINATED BIPHENYLS.

18 Section 25 of the Toxic Substances Control Act (15

19 U.S.C. 2624) is amended by adding at the end the follow20 ing new subsection:

21 ‘‘(c) PCB DISPOSAL AND STORAGE.—(1) Not later

22 than 120 days after the date of the enactment of this sub23 section, the Administrator shall conduct a review of the

24 methods for disposal and long-term storage of poly25 chlorinated biphenyls. In conducting the review, the Ad26 ministrator shall analyze the safety of such methods and
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1 determine whether the safest methods are being used or

2 authorized. Using the results of the review, the Adminis3 trator shall make revisions in the regulations under such

4 section to require use of the safest methods for disposal

5 of polychorinated biphenyls.

6 ‘‘(2) Not later than 120 days after the date of the

7 enactment of this subsection, the Administrator shall es8 tablish and begin implementing a research program on ad9 ditional methods for disposal, long-term storage, and other

10 means of containing and preventing the spread of contami11 nation of polychlorinated biphenyls. The research program

12 shall emphasize research on methods of disposal other

13 than incineration.

14 ‘‘(3) Not later than one year after the date of the

15 enactment of this subsection, the Administrator shall sub16 mit to Congress a report on the review conducted under

17 paragraph (1) and the research program established under

18 paragraph (2), with recommendations on legislative

19 changes that may be necessary to carry out the results

20 of the review and research.

21 ‘‘(4) There are authorized to be appropriated to the

22 Administrator such sums as may be necessary for pur23 poses of carrying out the review and research program

24 under this subsection.’’.

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