I

103D CONGRESS

1ST SESSION H. R. 1967

To amend the Solid Waste Disposal Act to provide for a scrap tire

management and recovery program.

IN THE HOUSE OF REPRESENTATIVES

MAY 4, 1993

Mr. SLATTERY (for himself, Mr. MCMILLAN, and Mr. SAWYER) introduced the

following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Solid Waste Disposal Act to provide for a

scrap tire management and recovery program.

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 ‘‘Tire Recycling and

5 Recovery Act of 1991’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:

8 (1) The United States generates approximately

9 250 million waste tires each year, which is slightly

10 less than 1 tire per person each year.
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1 (2) The United States dumps or stores between

2 2 and 3 billion waste tires in piles across the coun3 try.

4 (3) These tire piles can pose a significant threat

5 to human health and the environment. Improper

6 management of these piles can create breeding habi7 tats for mosquitoes and rodents or can result in fires

8 that release toxic fumes.

9 (4) Scrap tires are a valuable resource that can

10 be reused, recycled, or recovered in a wide variety of

11 ways that are beneficial to the environment and to

12 society, including producing rubberized asphalt road

13 and highway pavement; manufacturing reclaimed or

14 ground rubber materials into products such as floor

15 mats, carpet backing, molded goods, or railroad

16 crossings; retreading tires; using whole tires to build

17 artificial reefs or breakwaters to enhance fish habi18 tats; using tires for defense and other government

19 needs; and recovering energy from tires.

20 (5) Environmentally sound and responsible

21 techniques must be employed to ensure proper dis22 posal of scrap tires that are not recycled, reused, or

23 recovered.

24 (6) Due to the lack of developed markets, tire

25 piles have not been significantly reduced despite the
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1 fact that environmentally sound and responsible

2 techniques exist currently. Marketplace incentives

3 must be provided to stimulate the elimination of

4 these tire piles through recycling, reuse, and recov5 ery, especially for situations in which no immediate

6 recycling, reuse, or recovery markets exist.

7 (7) States have begun to recognize and address

8 the problems surrounding scrap tire disposal. More

9 than thirty-five States have established waste tire re10 cycling programs and disposal requirements.

11 (8) Given the variability in size and scope of the

12 scrap tire problem on a region-to-region basis, indi13 vidual States or groups of States promise to be the

14 best laboratories for innovative, diverse, and effective

15 solutions to the problem.

16 (9) While recognizing that many States have

17 worked to address the scrap tire problem, a Federal18 State partnership is necessary to ensure that current

19 and future scrap tires are recovered, reused, recy20 cled, or disposed of in a manner which is most bene21 ficial to the environment and to society. Such a pro22 gram will enhance current State efforts by providing

23 essential Federal guidance and financial assistance

24 for the elimination of scrap tire piles. Such a pro-
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1 gram will also assist States in promoting markets

2 for disposal of future scrap tires.

3 (10) The Administrator of the Environmental

4 Protection Agency requires additional statutory au5 thority to establish appropriate State management

6 plans and provide incentives for recycling, recovery,

7 and reuse of scrap tires. Furthermore, additional

8 Federal financial assistance is needed to provide eco9 nomic incentives to encourage reduction of scrap tire

10 piles in an environmentally responsible manner and

11 to develop markets for the disposal of future scrap

12 tires.

13 SEC. 3. SCRAP TIRE MANAGEMENT AND RECOVERY PRO14 GRAM.

15 (a) ESTABLISHMENT OF PROGRAM.—The Solid

16 Waste Disposal Act (42 U.S.C. 6901 et seq.) is amended

17 by adding at the end the following new subtitle:

18 ‘‘Subtitle K—Scrap Tire Manage19 ment and Recovery Program

20 ‘‘SEC. 12001. OBJECTIVES.

21 ‘‘The objectives of this subtitle are to provide tem22 porary Federal incentives to eliminate current scrap tire

23 piles and future scrap tires through productive and envi24 ronmentally sound methods, including recycling, recovery,

25 and reuse. Further, consistent with the overall objectives
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1 of this Act, all future scrap tires are to be managed by

2 the States through programs that will manage and mini3 mize the buildup of scrap tire piles in the future. Such

4 objectives are to be accomplished through Federally ap5 proved programs developed by individual States or groups

6 of States.

7 ‘‘SEC. 12002. STATE TIRE PLANS: SUBMISSION AND AP8 PROVAL.

9 ‘‘(a) SUBMISSION.—Not later than 18 months after

10 the date of the enactment of the Tire Recycling and Re11 covery Act of 1991, a State shall submit to the Adminis12 trator a scrap tire management plan (hereinafter referred

13 to as a ‘State tire plan’) that meets the requirements of

14 this subtitle.

15 ‘‘(b) APPROVAL.—Not later than 60 days after the

16 Administrator receives a State tire plan submitted under

17 subsection (a), the Administrator shall approve of dis18 approve the plan. The Administrator shall approve the

19 State tire plan if the Administrator determines that—

20 ‘‘(1) the plan meets the requirements of section

21 12003; and

22 ‘‘(2) the plan contains provisions for the revi23 sion of such plan, after notice and public hearing, in

24 any case in which the Administrator determines

25 that—
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1 ‘‘(A) revised regulations concerning mini2 mum requirements have been promulgated and

3 the State’s plan is not in compliance with such

4 revised regulations;

5 ‘‘(B) information has become available that

6 demonstrates the inadequacy of the plan to ef7 fectuate the purposes of this subtitle; or

8 ‘‘(C) revision is otherwise necessary.

9 ‘‘(c) IMPLEMENTATION.—Each State with an ap10 proved State tire plan shall implement the plan in accord11 ance with the schedule contained in the plan.

12 ‘‘(d) GUIDELINES AND MODEL PLAN.—(1) Not later

13 than 3 months after the date of the enactment of the Tire

14 Recycling and Recovery Act of 1991, the Administrator

15 shall convene a forum of Federal, State, and local authori16 ties and other experts in the field of scrap tire manage17 ment to discuss the minimum Federal requirements of this

18 subtitle, the development and implementation of State tire

19 plans, and the guidelines and model plan to be developed

20 by the Administrator to assist the States in complying

21 with this subtitle.

22 ‘‘(2) Not later than 12 months after the date of the

23 enactment of the Tire Recycling and Recovery Act of

24 1991, and after consultation with the Federal, State, and

25 local authorities and experts convened pursuant to para-
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1 graph (1), the Administrator shall issue and distribute to

2 States guidelines and a model plan to assist States in the

3 development and implementation of State tire plans.

4 ‘‘(3) In issuing guidelines under this subsection, the

5 Administrator shall consider the following:

6 ‘‘(A) The varying regional, geologic, hydrologic,

7 climatic, and other circumstances under which dif8 ferent scrap tire management practices are appro9 priate.

10 ‘‘(B) The characteristics and conditions of ex11 isting scrap tire piles and collection sites, including

12 an estimation of present and future capacity.

13 ‘‘(C) Population density, distribution, and pro14 jected growth in areas near existing piles.

15 ‘‘(D) The type and availability of transportation

16 from existing piles.

17 ‘‘(E) The location and availability of industrial

18 boilers, kilns, or electric generation facilities that

19 may be able to use scrap tires for energy recovery.

20 ‘‘(F) The types of recycling, reuse, and recovery

21 facilities that are most appropriate and viable to the

22 particular area.

23 ‘‘(G) Potentially available new and additional

24 markets for recovered scrap tires.
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1 ‘‘(e) REVIEW OF PLANS.—The Administrator shall

2 review approved State tire plans and may conduct an audit

3 of any such plan from time to time. If the Administrator

4 determines that revisions or corrections are necessary to

5 bring a plan into compliance with the minimum require6 ments of section 12003, the Administrator shall, after no7 tice and opportunity for public hearing, withdraw approval

8 of the plan. Such withdrawal of approval shall cease to

9 be effective upon the Administrator’s determination that

10 such plan complies with minimum Federal requirements.

11 ‘‘(f) EPA AUTHORITY TO PROMULGATE AND IMPLE12 MENT TIRE PLANS.—In the case of any State that has

13 not submitted a State tire plan by the deadline in sub14 section (a), the Administrator shall promulgate a State

15 plan for the State and implement such plan within the

16 State.

17 ‘‘(g) RELATIONSHIP TO EXISTING ACTIVITIES.—

18 Nothing in this subtitle shall be construed to prevent or

19 affect any current activities respecting scrap tire manage20 ment (including the elimination of scrap tire piles) unless

21 such activities are inconsistent with a State tire plan ap22 proved by the Administrator under this section.
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1 ‘‘SEC. 12003. STATE TIRE PLANS: MINIMUM REQUIREMENTS.

2 ‘‘In order to be approved under section 12002, each

3 State tire plan shall comply with the following require4 ments:

5 ‘‘(1) REDUCTION AND ELIMINATION OF EXIST6 ING SCRAP TIRE PILES.—The plan must address the

7 reduction and elimination of existing scrap tire piles

8 that contain more than 3,000 scrap tires and must

9 meet the following minimum requirements:

10 ‘‘(A) It shall identify existing scrap tire

11 collection sites as determined by the survey con12 ducted by the State as required under section

13 12004, estimate present and future capacity of

14 each site and the number of tires at each site

15 on January 1, 1993, and assess the health and

16 environmental status of each site.

17 ‘‘(B) It shall provide for a system under

18 which tires in existing scrap tire piles can be

19 separated, identified, or distinguished from new

20 scrap tires.

21 ‘‘(C) It shall provide for the elimination of

22 existing scrap tire piles through recycling, re23 covery, or reuse of scrap tires, and if there are

24 no immediate recycling, recovery, or reuse mar25 kets for the scrap tires, then it shall provide for

26 environmentally sound disposal of such piles.
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1 ‘‘(D) It shall have as its goal the elimi2 nation, by January 1, 2005, of all existing

3 scrap tire piles within the State, as determined

4 by the survey conducted by the State as re5 quired under section 12004.

6 ‘‘(E) It shall identify the responsibilities of

7 State, local, and regional authorities in the im8 plementation of the plan, the proposed distribu9 tion of Federal funds to the authorities respon10 sible for development and implementation of the

11 plan, means for coordinating regional planning

12 under the plan, and means for considering the

13 interests and views of adjacent States.

14 ‘‘(F) It shall prohibit public authorities

15 from implementing scrap tire management pro16 grams that are inconsistent with Federal re17 quirements and the State tire plan.

18 ‘‘(G) It shall provide a detailed breakdown

19 of estimated costs of implementing the plan,

20 and shall specify a method for cost recovery

21 from, or cost sharing with, existing owners of

22 piles.

23 ‘‘(H) It shall encourage the environ24 mentally sound recycling of scrap tires through

25 all available means, including using scrap tires
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1 in the production of paving materials, the con2 struction of roadbeds, tire retreading, or energy

3 recovery; using reclaimed or ground rubber ma4 terials as floor mats, carpet backing, molded

5 goods, or railroad crossings; and using whole

6 tires to build artificial reefs or breakwaters to

7 enhance fish habitats.

8 ‘‘(2) CURRENT AND FUTURE DISPOSAL OF

9 SCRAP TIRES.—The plan must address current and

10 future disposal and recycling, recovery, and reuse of

11 scrap tires and must meet the following minimum

12 requirements:

13 ‘‘(A) It shall prohibit the permanent dis14 posal of new scrap in landfills, monocells, or

15 monofills, except that disposal of shredded tire

16 material in landfills, monocells, or monofills

17 shall be allowed in the absence of a higher use

18 for such tires.

19 ‘‘(B) It shall require that scrap tire collec20 tion sites at which no fee is charged for the ac21 ceptance of scrap tires be available in the State

22 in a number of sufficient to accommodate the

23 amount of scrap tires expected to be generated

24 in the State annually.
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1 ‘‘(C) It shall prohibit the operation of a

2 collection site except in compliance with regula3 tions promulgated by the Administrator under

4 section 12005(a)(2) with respect to conditions

5 applicable to scrap tire piles.

6 ‘‘(D) It shall prohibit storage of more than

7 3,000 scrap tires for more than 60 days at col8 lection sites, unless such storage is necessary

9 for implementation of a specific project for fur10 ther reuse, recovery, or recycling and only con11 tinues for a reasonable period of time.

12 ‘‘(E) It shall have as its goal the reuse, re13 cycling, or recovery of 100 percent of the new

14 scrap tires in the State.

15 ‘‘(F) It shall prohibit new scrap tires from

16 being commingled with existing scrap tire piles

17 (as identified in the survey conducted pursuant

18 to section 12004).

19 ‘‘(G) It shall identify the responsibilities of

20 State, local, and regional authorities in the im21 plementation of the State tire plan, and means

22 for coordinating regional planning and consider23 ation of the views and interests of adjacent

24 States under the State tire plan.
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1 ‘‘(H) It shall prohibit public authorities

2 from implementing scrap tire management pro3 grams that are inconsistent with Federal re4 quirements and the State tire plan.

5 ‘‘(I) It shall encourage the environmentally

6 sound recycling of scrap tires through all avail7 able means, including using scrap tires in the

8 production of paving materials, the construction

9 of roadbeds, tire retreading, or energy recovery;

10 using reclaimed or ground rubber materials as

11 floor mats, carpet backing, molded goods, or

12 railroad crossings; and using whole tires to

13 build artificial reefs or breakwaters to enhance

14 fish habitats.

15 ‘‘(3) PERMITS.—The plan must provide for a

16 regulatory scheme under which States are required

17 to issue permits to owners or operators of scrap tire

18 collection sites and persons who process, collect,

19 store (as described in paragraph (2)(D)), transport,

20 dispose of, recycle, recover, or reuse scrap tires. The

21 plan shall require that, in order for a person to be

22 issued a permit, the person must meet all applicable

23 provisions contained in the State plan and in section

24 12005. The permitting requirements shall not apply

25 to any of the persons exempted by the Administrator
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1 from the requirements of section 12005, pursuant to

2 subsection (b) of that section.

3 ‘‘SEC. 12004. FINANCIAL ASSISTANCE.

4 ‘‘(a) IN GENERAL.—The Administrator may provide

5 financial assistance to States in accordance with this sec6 tion for purposes of conducting surveys of current scrap

7 tire piles, developing State tire plans under sections 12002

8 and 12003, and implementing those tire plans.

9 ‘‘(b) GUIDELINES.—Not later than 12 months after

10 the date of the enactment of the Tire Recycling and Re11 covery Act of 1991, the Administrator shall issue guide12 lines, after consultation with appropriate Federal, State,

13 and local authorities, setting forth an equitable formula

14 for distribution of financial assistance under this section.

15 The formula shall provide a preference to applicants that

16 have shown substantial progress in eliminating scrap tire

17 piles, and should be based on some or all of the following

18 factors:

19 ‘‘(1) Number of tires generated.

20 ‘‘(2) Population.

21 ‘‘(3) Magnitude and severity of the scrap tire

22 problem.

23 ‘‘(c) APPLICATION.—(1) To qualify for financial as24 sistance under this section, a State shall submit to the

25 Administrator an application at such time, in such man-
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1 ner, and containing such information as the Administrator

2 prescribes in the guidelines under paragraph (1). The ap3 plication must be submitted not later than 18 months

4 after the date of the enactment of the Tire Recycling and

5 Recovery Act of 1991, and shall contain, at a minimum,

6 the following:

7 ‘‘(A) A proposed schedule for conducting sur8 veys and submitting a State tire plan to the Admin9 istrator.

10 ‘‘(B) A list of each scrap tire pile in the State

11 that the State estimates contains more than 3,000

12 scrap tires. The list shall include the location and

13 ownership of each such pile.

14 ‘‘(C) A plan for conducting surveys within 6

15 months after receipt of financial assistance of the lo16 cation, size, and characteristics of all scrap tire piles

17 existing in the State on January 1, 1993, that con18 tain more than 3,000 scrap tires. The surveys shall

19 determine the location, size characteristics, together

20 with a description of any health or environmental

21 hazards existing at each site.

22 ‘‘(D) An identification of the State agency re23 sponsible for developing the State tire plan.

24 ‘‘(E) An estimate of the cost of conducting the

25 surveys and developing the State tire plan and the
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1 amount of Federal financial assistance being sought

2 for such purposes.

3 ‘‘(F) A description and copies of all scrap tire

4 pile inventories previously conducted by the State.

5 ‘‘(G) A description of all scrap tire disposal, re6 covery, reuse, and recycling programs and activities

7 that the State has conducted, together with an esti8 mation of the costs and benefits of such programs

9 or activities.

10 ‘‘(2) In the guidelines issued under this subsection

11 the Administrator shall allow States to apply for financial

12 assistance individually or in conjunction with neighboring

13 States.

14 ‘‘(d) APPROVAL OF APPLICATION.—Not later than 60

15 days after the Administrator receives an application for

16 financial assistance from a State under this section, the

17 Administrator shall approve or disapprove the application.

18 The Administrator shall approve the application if the Ad19 ministrator determines that the application meets the re20 quirements of subsection (c).

21 ‘‘(e) ASSISTANCE PENDING APPROVAL OF APPLICA22 TION.—At the discretion of the Administrator, financial

23 assistance may be provided for ongoing State activities

24 conducted during the period beginning on the date of ap25 plication for financial assistance under this section and
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1 ending on the date of approval of a State tire plan, if such

2 activities are consistent with the subsequently approved

3 State tire plan.

4 ‘‘(f) AUDIT.—For purposes of assessing the accuracy

5 of a survey conducted by a State using assistance provided

6 under this section, the Administrator may audit the survey

7 if the Administrator considers an audit necessary.

8 ‘‘(g) OVERSIGHT.—The Administrator may oversee

9 the use of financial assistance provided under this section

10 for purposes of ensuring that the assistance is used for

11 the purposes for which it was intended.

12 ‘‘SEC. 12005. PROHIBITIONS.

13 ‘‘(a) PROHIBITIONS.—The following prohibitions

14 shall take effect 24 months after the date of the enactment

15 of the Tire Recycling and Recovery Act of 1991:

16 ‘‘(1) DISPOSAL.—It shall be unlawful to dispose

17 of scrap tires in a landfill, monocell, or monofill, ex18 cept that disposal of shredded tire material in land19 fills, monocell, or monofills shall be allowed in the

20 absence of a higher use of such tires.

21 ‘‘(2) OPERATION OF COLLECTION SITES.—(A)

22 It shall be unlawful to operate a collection site ex23 cept in compliance with regulations promulgated by

24 the Administrator under this paragraph with respect
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1 to conditions applicable to scrap tire piles (including

2 piles containing shredded tire material).

3 ‘‘(B) The regulations shall address, at a mini4 mum, the following:

5 ‘‘(i) The maximum number of feet that the

6 height, base, and length of scrap tire piles may

7 be.

8 ‘‘(ii) The distance that must be maintained

9 between scrap tire piles.

10 ‘‘(iii) The distance that must be main11 tained between scrap tire piles and the perim12 eter of the collection site property and any

13 building.

14 ‘‘(iv) The manner in which scrap tires

15 must be maintained to minimize mosquito

16 breeding.

17 ‘‘(v) The accessibility of scrap tire piles to

18 firefighting equipment, and the maintenance of

19 roads approaching such piles.

20 ‘‘(vi) The size of scrap tire piles that shall

21 be surrounded by a berm sufficient to contain

22 any liquid that may be discharged as the result

23 of fire or firefighting efforts.

24 ‘‘(vii) The size of scrap tire piles that shall

25 be completely enclosed behind fencing.
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1 ‘‘(viii) Such other matters as the Adminis2 trator determines necessary to protect human

3 health and the environment, including fire pre4 vention requirements.

5 ‘‘(C) The regulations also shall require an

6 owner or operator of a collection site containing

7 more than 3,000 scrap tires to prepare and maintain

8 an emergency plan to respond to any fire or other

9 event which may release pollutants or contaminants

10 from such site.

11 ‘‘(3) STORAGE AT COLLECTION SITES.—It shall

12 be unlawful to store more than 3,000 scrap tires for

13 more than 60 days at collection sites, unless such

14 storage is necessary for implementation of a specific

15 project for further reuse, recovery, or recycling and

16 only continues for a reasonable period of time.

17 ‘‘(4) COMMINGLING.—It shall be unlawful for

18 any person to commingle new scrap tires with exist19 ing scrap tire piles.

20 ‘‘(5) PERMITS.—Beginning 12 months after the

21 effective date of any State tire plan approved or pro22 mulgated by the Administrator under this subtitle, it

23 shall be unlawful for any person to—

24 ‘‘(A) transfer control over any scrap tires

25 for transportation to a collection site to any
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1 person other than a person operating under a

2 permit as a tire transporter;

3 ‘‘(B) operate or maintain a scrap tire pile

4 or collection site, or deliver to or receive scrap

5 tires for storage or disposal at a collection site,

6 unless—

7 ‘‘(i) the person is in compliance with

8 a permit for the collection site issued by a

9 State with an approval tire plan; or

10 ‘‘(ii) the person has applied for a per11 mit for the collection site from a State

12 with an approved tire plan, the application

13 has not yet been approved, and the person

14 is in compliance with the expected require15 ments of the permit.

16 ‘‘(b) EXEMPTIONS.—(1) The Administrator may by

17 regulation exempt any of the following persons from any

18 requirement of this section, if such exemption is not incon19 sistent with the goals and requirements of this subtitle and

20 no threat of an adverse effect on human health or the envi21 ronment will result from such exemption:

22 ‘‘(A) A tire retailer that stores fewer than

23 3,000 scrap tires at any collection site where new

24 tires are sold or installed.
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1 ‘‘(B) A tire retreader that stores fewer than

2 3,000 scrap tires or a quantity of scrap tires equal

3 to the number to be retreaded over a 30-day period,

4 whichever is greater, at any collection site where

5 tires are retreaded.

6 ‘‘(C) A business that removes tires from vehi7 cles and stores fewer than 3,000 scrap tires at any

8 collection site where such removals occur.

9 ‘‘(D) A solid scrap disposal facility that stores

10 fewer than 3,000 scrap tires for future processing or

11 disposal which has already received a permit under

12 a State solid scrap program imposing conditions and

13 requirements to protect human health and the envi14 ronment comparable to those imposed by this sub15 title.

16 ‘‘(E) Any person who stores or uses scrap tires

17 for a marine or agricultural purpose if such scrap

18 tires are used for such purpose within 6 months

19 after the date the tire is removed from use, unless

20 storage for such purpose is necessary for longer than

21 6 months and the storage continues only for a rea22 sonable period of time.

23 ‘‘(F) A transporter of new and used tires to the

24 manufacturer for warranty adjustment.
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1 ‘‘(G) A tire manufacturing finishing center or

2 tire adjustment center that stores fewer than 4,000

3 tires on the business premises.

4 ‘‘(2) The Administrator is authorized to impose alter5 native requirements, including requirements for fire pre6 vention and disease control, and may include such require7 ments in the minimum requirements under section 12003

8 as a condition for any exemption or partial exemption

9 under this subsection

10 ‘‘SEC. 12006. ENFORCEMENT.

11 ‘‘(a) COMPLIANCE ORDERS.—(1) Whenever on the

12 basis of any information the Administrator determines

13 that any person has violated, or is in violation of, any re14 quirement or prohibition in effect under this subtitle (in15 cluding any requirement or prohibition in effect under reg16 ulations under this subtitle), the Administrator may issue

17 an order (A) assessing a civil penalty for any past or cur18 rent violation, (B) requiring compliance immediately or

19 within a specified time period, or (C) both, or the Adminis20 trator may commence a civil action in the United States

21 district court in the district in which the violation occurred

22 for appropriate relief, including a temporary or permanent

23 injunction. Any order issued pursuant to this subsection

24 shall state with reasonable specificity the nature of the vio25 lation.
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1 ‘‘(2) Any penalty assessed in an order under this sub2 section shall not exceed $25,000 per day of noncompliance

3 for each violation of a requirement or prohibition in effect

4 under this subtitle. In assessing such a penalty, the Ad5 ministrator shall take into account the seriousness of the

6 violation, any good faith efforts to comply with applicable

7 requirements, and the ability of the violator to pay.

8 ‘‘(3) Any order issued under this subsection shall be9 come final unless, not later than 30 days after issuance

10 of the order, the persons named in the order request a

11 public hearing. Upon such request, the Administrator shall

12 promptly conduct a public hearing. In connection with any

13 proceeding under this subsection, the Administrator may

14 issue subpoenas for the production of relevant papers,

15 books, and documents, and may promulgate rules for dis16 covery procedures.

17 ‘‘(4) In the case of a final order under this subsection

18 requiring compliance with any requirement of or regula19 tion under this subtitle, if a violator, without sufficient

20 cause, fails to comply within the time specified in an order,

21 the Administrator may assess a civil penalty of not more

22 than $25,000 for each day of continued noncompliance

23 with the order.

24 ‘‘(b) CRIMINAL PENALTIES.—Any person who—
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1 ‘‘(1) knowingly violates the requirements of or

2 regulations under this subtitle; or

3 ‘‘(2) knowingly omits material information or

4 makes any false material statement or representa5 tion in any record, report, or other document filed,

6 maintained, or used for purposes of compliance with

7 this subtitle or regulations under this subtitle

8 shall, upon conviction, be subject to a fine of not more

9 than $50,000 for each day of violation, or imprisonment

10 not to exceed two years, or both. If the conviction is for

11 a violation committed after a first conviction of such per12 son under this subsection, the maximum punishment shall

13 be doubled with respect to both the fine and imprison14 ment.

15 ‘‘(c) CIVIL PENALTIES.—Any person who violates

16 any requirement of or regulation under this subtitle shall

17 be liable to the United States for a civil penalty in an

18 amount not to exceed $25,000 for each such violation.

19 Each day of violation shall, for purposes of this section,

20 constitute a separate violation.

21 ‘‘SEC. 12007. FEDERAL GOVERNMENT REQUIREMENTS.

22 ‘‘(a) PROCUREMENT GUIDELINES.—Not later than

23 24 months after the date of the enactment of the Tire

24 Recycling and Recovery Act of 1991, the Administrator,

25 in consultation with the head of each appropriate depart-
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1 ment, agency, and instrumentality of the Federal Govern2 ment, shall prepare guidelines under section 6002(e) for

3 procuring items that make use of rubber from scrap or

4 used tires. Each year the Administrator shall submit a re5 port to Congress regarding the progress of Federal pro6 curement of items that make use of such rubber.

7 ‘‘(b) REMOVAL OF SCRAP TIRES ON PUBLIC

8 LANDS.—(1) Not later than 12 months after the date of

9 the enactment of the Tire Recycling and Recovery Act of

10 1991, the Administrator, together with the heads of all

11 appropriate departments, agencies, and instrumentalities

12 of the Federal Government, shall determine the extent of

13 scrap tire piles on property under Federal jurisdiction or

14 control.

15 ‘‘(2) Not later than 24 months after such date of en16 actment, the Administrator, together with the heads of all

17 appropriate departments, agencies, and instrumentalities

18 of the Federal Government, shall develop and implement

19 a plan for abatement of those scrap tire piles in a manner

20 which is consistent with the objectives of this subtitle.

21 ‘‘(3) Not later than 48 months after such date of en22 actment, the Administrator shall submit to Congress a re23 port on the progress made in abating scrap tire piles on

24 property under Federal jurisdiction or control.
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1 ‘‘SEC. 12008. DEFINITIONS.

2 ‘‘For purposes of this subtitle:

3 ‘‘(1) The term ‘scrap tire’ means a tire that is

4 no longer usable for its original purpose because of

5 wear, damage, or defect.

6 ‘‘(2) The term ‘new scrap tires’ means all scrap

7 tires removed from vehicles, or otherwise generated,

8 in a State after the effective date of the State tire

9 plan approved or promulgated by the Administrator

10 for that State under this subtitle.

11 ‘‘(3) The term ‘scrap tire piles’ means scrap

12 tires which are stored outdoors at collection sites.

13 ‘‘(4) The term ‘collection site’ means a location

14 in which scrap tires may be brought by a scrap tire

15 transporter for the purpose of storage or disposal.

16 ‘‘(5) The term ‘energy recovery’, with respect to

17 scrap tires, means a process in which energy is re18 covered from controlled combustion of whole or

19 shredded scrap tires.

20 ‘‘(6) The term ‘environmentally sound’ means

21 the disposition or application of a scrap tire in a

22 manner that will result in no threat of an adverse

23 effect on human health or the environment.

24 ‘‘(7) The term ‘monocell’ means a section of a

25 landfill in which only tires are placed.
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HR 1967 IH

1 ‘‘(8) The term ‘monofills’ means a landfill used

2 exclusively for the storage of shredded, chipped, or

3 otherwise mechanically processed tires in the

4 ground.

5 ‘‘(9) The term ‘rubberized asphalt’ includes as6 phalt paving mixes which incorporate rubber recov7 ered from scrap tires either in the asphalt cement or

8 in the aggregate used to make asphalt concrete, and

9 also includes surface treatments, interlayers, and

10 crack sealants.

11 ‘‘(10) The term ‘shredded tire material’ means

12 tire material resulting from tire shredding that pro13 duces pieces 4 square inches or less in size that do

14 not hold water when stored in piles.

15 ‘‘SEC. 12009. REPORT.

16 ‘‘Not later than 5 years after the date of the enact17 ment of the Tire Recycling and Recovery Act of 1991, the

18 Administrator shall submit to Congress a report on the

19 implementation of this subtitle and the effectiveness of

20 achieving the objectives of this subtitle. The report shall

21 include such recommendations as the Administrator con22 siders appropriate.’’.

23 (b) TABLE OF CONTENTS AMENDMENT.—The table

24 of contents for the Solid Waste Disposal Act (contained
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HR 1967 IH

1 in section 1001 of such Act) is amended by adding at the

2 end the following:

‘‘SUBTITLE K—SCRAP TIRE MANAGEMENT AND RECOVERY PROGRAM

‘‘Sec. 12001. Objectives.

‘‘Sec. 12002. State tire plans: submission and approval.

‘‘Sec. 12003. State tire plans: minimum requirements.

‘‘Sec. 12004. Financial assistance.

‘‘Sec. 12005. Prohibitions.

‘‘Sec. 12006. Enforcement.

‘‘Sec. 12007. Federal government requirements.

‘‘Sec. 12008. Definitions.

‘‘Sec. 12009. Report.’’.

3 (c) CONFORMING AMENDMENTS.—(1) Section 2004

4 of the Solid Waste Disposal Act (42 U.S.C. 6914) is here5 by repealed.

6 (2) The table of contents in section 1001 of such Act

7 is amended by striking out the item relating to section

8 2004.

Æ

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HR 1967 IH——3