I

103D CONGRESS

1ST SESSION H. R. 2488

To establish certain requirements with respect to solid waste and hazardous

waste incinerators, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 22, 1993

Mr. RICHARDSON (for himself, Mr. TOWNS, Mr. BEILENSON, Mr. BERMAN,

Mr. BLACKWELL, Mrs. COLLINS of Illinois, Mr. DEFAZIO, Mr. DELLUMS,

Mr. DE LUGO, Mr. EDWARDS of California, Mr. ENGLISH of Oklahoma,

Mr. EVANS, Mr. FILNER, Mr. FORD of Michigan, Ms. FURSE, Mr. FOGLIETTA, Mr. FROST, Mr. GILCHREST, Mr. GENE GREEN of Texas, Mr.

GUTIERREZ, Mr. HAMBURG, Mr. HINCHEY, Mr. HOLDEN, Mr. JEFFERSON, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. KILDEE, Mr. KLINK,

Mr. LEVIN, Mr. LIPINSKI, Mr. MCCLOSKEY, Mr. MCDERMOTT, Mr.

MCKINNEY, Mrs. MALONEY, Ms. MARGOLIES-MEZVINSKY, Mr. MARTINEZ, Mr. MENENDEZ, Mr. MFUME, Mr. NADLER, Ms. NORTON, Mr.

OLVER, Mr. OWENS, Mr. PAYNE of New Jersey, Ms. PELOSI, Mr. PETERSON of Minnesota, Mr. RAVENEL, Mr. REED, Mr. ROMERO-BARCELO ́,

Ms. SCHENK, Mrs. SCHROEDER, Mr. SERRANO, Ms. SHEPHERD, Mr.

STOKES, Mr. TORRES, Ms. VELA ́ZQUEZ, Ms. WOOLSEY, Mr. WYNN, and

Mr. YATES) introduced the following bill; which was referred to the Committee on Energy and 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,
2

•HR 2488 IH

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Pollution Prevention

3 and Incineration Alternatives Act of 1993’’.

4 SEC. 2. MORATORIUM ON MUNICIPAL SOLID WASTE INCIN5 ERATORS.

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

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

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

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

10 ‘‘(a) MORATORIUM.—No municipal solid waste incin11 erator may be issued a permit for construction or expan12 sion until the year 1997.

13 ‘‘(b) REQUIREMENTS.—After December 31, 1996, no

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

15 management jurisdiction may issue a permit (including a

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

17 prior approval for the construction or expansion of a mu18 nicipal solid waste incinerator, unless the applicant for the

19 permit or other approval demonstrates, and the State

20 finds, that the following requirements are met:

21 ‘‘(1) The applicant shall conduct a waste com22 position analysis of the solid waste generated in a

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

24 shall demonstrate that it will continue to conduct

25 such a waste composition analysis annually. Each

26 entity from which the facility plans to accept waste
3

•HR 2488 IH

1 also shall conduct a waste composition analysis of

2 the solid waste generated in a year by the persons

3 from whom the entity collects waste and shall dem4 onstrate that it will continue to conduct such a

5 waste composition analysis annually. Any such waste

6 composition analysis shall be conducted in compli7 ance with the regulations promulgated under sub8 section (c).

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

10 to accept waste shall demonstrate that it has di11 verted during calendar year 2000, and will continue

12 to divert for each subsequent year, to waste manage13 ment methods other than incineration and landfilling

14 the following percentages of the total amount of

15 each of the following materials generated annually

16 by the persons from whom the entity collects waste:

17 ‘‘(A) Glass, 65 percent.

18 ‘‘(B) Newspapers, 65 percent.

19 ‘‘(C) Other paper, 65 percent.

20 ‘‘(D) Metals, 80 percent.

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

22 ‘‘(F) Yard waste, 90 percent.

23 ‘‘(G) Food waste, 10 percent.

24 Each such entity shall also demonstrate that, during

25 calendar years 1997, 1998, and 1999, it has di-
4

•HR 2488 IH

1 verted to such waste management methods an in2 terim diversion percentage established by the Administrator (at least 1 3 ⁄2) of the percentages of the mate4 rials specified in subparagraphs (A) through (G).

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

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

7 maintaining the diversion rates set forth in

8 paragraph (2) for each entity from which the

9 facility plans to accept waste; and

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

11 by an entity from which the facility plans to ac12 cept waste is higher than the rate set forth in

13 paragraph (2), the facility will not interfere

14 with maintaining the higher diversion rate.

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

16 not feasible to manage the remaining solid waste

17 through source reduction, reuse, or recycling.

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

19 facility will not adversely affect the environment or

20 human health as a consequence of—

21 ‘‘(A) exposure to air emissions or inciner22 ator ash through inhalation;

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

24 emissions or incinerator ash as a consequence
5

•HR 2488 IH

1 of incorporation of such ash or emissions into

2 the food chain;

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

4 organisms contaminated by surface water dis5 charges, surface runoff, leaching, or percolation

6 of air emissions or incinerator ash into ground

7 water or surface water;

8 ‘‘(D) ingestion or inhalation of soil par9 ticles contaminated with air emissions or incin10 erator ash; or

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

12 incinerator ash.

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

14 facility is not situated in a nonattainment area (as

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

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

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

18 facility will not harm the local economy, including a

19 demonstration that it will not negatively affect prop20 erty values.

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

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

23 capital costs, debt service, liability insurance, reme24 diation, and long-term operation and maintenance
6

•HR 2488 IH

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

2 or composting waste.

3 ‘‘(9) The Federal agency, State or local govern4 ment, or other waste management jurisdiction shall

5 conduct a full public participation process, including

6 public hearings, to address the proposed facility. As

7 part of the process, the applicant shall provide to

8 local community groups concerned about the project

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

10 applicant shall renew the grant every six months

11 after the initial grant is made until the date on

12 which final action is completed by each Federal

13 agency, State or local government, or other waste

14 management jurisdiction on each permit for con15 struction or expansion of the facility.

16 ‘‘(10) The proposed construction or expansion

17 must be approved by the unit of local government in

18 whose boundaries the facility would be sited.

19 ‘‘(11) The applicant shall demonstrate the fol20 lowing with respect to the applicant, any firm en21 gaged to operate the facility, the parent firm of the

22 applicant and any firm engaged to operate the facil23 ity, and any firms controlled by the parent firm or

24 the operating firm or the applicant:
7

•HR 2488 IH

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

2 with Federal and State environmental and pub3 lic health statutes and regulations.

4 ‘‘(B) Each such entity has paid all out5 standing fines or penalties for violations of such

6 statutes or regulations.

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

8 to the public at the site, and at local public li9 braries in the jurisdiction where the facility

10 would be sited, a disclosure statement. The dis11 closure statement shall include the following in12 formation with respect to the entity:

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

14 or any criminal offense during the previous

15 10 years in connection with obtaining or

16 attempting to obtain a contract.

17 ‘‘(ii) A list of each conviction of a vio18 lation of a State or Federal antitrust law

19 during the previous 10 years, including

20 convictions relating to unlawful price-fix21 ing, allocation of customers among com22 petitors, and bid-rigging.

23 ‘‘(iii) A list of each citation for a per24 mit violation under a Federal, State, or
8

•HR 2488 IH

1 local environmental statute during the pre2 vious 5 years.

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

4 to conduct proper cleanup, reclamation, or

5 closure of a site or forfeiture of a bond for

6 such a failure during the previous 5 years.

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

8 notice and comment, an environmental impact state9 ment. Such statement shall be conducted in the

10 same manner and in conformance with the same

11 standards required for environmental impact state12 ments under the National Environmental Policy Act

13 (42 U.S.C. 4321 et seq.) and must be approved by

14 the State.

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

facility is not located within 11 16 ⁄2 miles of any school,

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

18 surface water used as a drinking water source, or

19 site designated by any Federal or State agency as a

20 recharge zone for an aquifer that serves as a drink21 ing water source.

22 ‘‘(14) The State in which the incinerator is lo23 cated shall complete, prior to 1995, an incinerator

24 capacity study which makes a determination of each

25 of the following:
9

•HR 2488 IH

1 ‘‘(A) The baseline capacity within the

2 State and after all recyclables, compostables

3 and noncombustibles are diverted from the

4 waste stream.

5 ‘‘(B) The baseline capacity within the En6 vironmental Protection Agency Region and

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

8 ‘‘(C) The baseline capacity for landfills

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

10 ‘‘(D) Potential health impacts of additional

11 incinerators.

12 ‘‘(E) Any disproportionate impact on mi13 nority and low income communities of addi14 tional incinerators.

15 States shall have the authority to levy a fee from ex16 isting incinerator and landfills to fund studies.

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

18 1995 and 1996, a national capacity study based on

19 the information contained in State studies conducted

20 under paragraph (14).

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

22 location of the facility will not have a disproportion23 ate impact on minority or low-income communities.

24 ‘‘(c) WASTE COMPOSITION ANALYSIS REGULA25 TIONS.—(1) Not later than January 1, 1995, the Adminis-
10

•HR 2488 IH

1 trator shall promulgate regulations containing standards

2 for the conduct of waste composition analyses under sub3 section (b)(1). In the regulations, the Administrator shall

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

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

6 within standard categories and subcategories of ma7 terials set forth by the Administrator, including, at

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

9 plastics, yard waste, and food waste; and

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

11 materials, using a method established by the Admin12 istrator.

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

14 for—

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

16 composition analysis by the entity carrying out the

17 analysis; and

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

19 accuracy of a waste composition analysis.

20 ‘‘(d) AUTHORITY TO IMPOSE HIGHER DIVERSION

21 RATES.—The Administrator shall assess periodically, but

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

23 the achievement of higher diversion rates under subsection

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

25 higher rate is feasible for one or more materials listed in
11

•HR 2488 IH

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

2 such higher rate for the material under such subsection.

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

4 following definitions apply:

5 ‘‘(1) 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 facili16 ties, 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

22 that such air curtain incinerators comply with opac23 ity limitations to be established by the Administrator

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

25 only infectious medical waste.
12

•HR 2488 IH

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

2 means a governmental entity which issues permits

3 for construction or expansion of municipal solid

4 waste incinerators within its boundaries.

5 ‘‘(f) REGULATIONS.—The Administrator shall pro6 mulgate regulations to carry out this section.’’.

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

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

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

10 new item:

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

11 SEC. 3. MUNICIPAL SOLID WASTE INCINERATOR ASH MAN12 AGEMENT.

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

14 U.S.C. 6921) is amended by adding at the end the follow15 ing:

16 ‘‘(6) ASH FROM MUNICIPAL SOLID WASTE INCINER17 ATORS.—(A) The plan shall insure that ash from munici18 pal solid waste incinerators is managed in a monofill that

19 contains only ash from such incinerators and that in20 cludes, at a minimum, the following design components:

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

22 and constructed of materials to prevent the migra23 tion of any constituent into the liners during the pe24 riod such facility remains in operation (including

25 any postclosure monitoring period). The double liner
13

•HR 2488 IH

1 system shall consist of one flexible membrane liner

2 and one composite liner, with a leachate collection

3 system above and between such liners. For purposes

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

5 means a liner that consists of high density poly6 ethylene or equivalent material that is at least 60

7 mils thick and a layer of recompacted clay or other

8 natural materials at least 3 feet thick with hydraulic

conductivity of no more than 1 x 10–7 9 centimeter per

10 second.

11 ‘‘(ii) Upon closure, a final composite cover sys12 tem designed, operated, and constructed of materials

13 to prevent the infiltration of precipitation into such

14 cover during any closure or post-closure monitoring

15 period. For purposes of this section, the term ‘com16 posite cover’ means a cover which consists of high

17 density polyethylene or equivalent material that is at

18 least 40 mils thick and a layer of recompacted clay

19 or other natural materials at least 2 feet thick with

hydraulic conductivity of no more than 1 x 10–7 20 cen21 timeter per second.

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

23 on the date of the enactment of the Pollution Prevention

24 and Incineration Alternatives Act of 1993 shall meet the
14

•HR 2488 IH

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

2 date of enactment.

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

4 Prevention and Incineration Alternatives Act of 1993, the

5 utilization of municipal solid waste incinerator ash for any

6 purpose is prohibited.

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

8 definitions apply:

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

10 incinerators’ means the residues resulting from the

11 combustion of municipal solid waste in a municipal

12 solid waste incinerator.

13 ‘‘(ii) The term ‘municipal solid waste inciner14 ator’ means a distinct operating unit of any facility

15 which combusts any solid waste material from com16 mercial or industrial establishments or the general

17 public (including single and multiple residences, ho18 tels, and motels). Such term does not include (I) in19 cinerators or other units required to have a permit

20 under section 3005; (II) materials recovery facilities

21 (including primary or secondary smelters) which

22 combust waste for the primary purpose of recovering

23 metals; (III) qualifying small power production fa24 cilities, as defined in section 3(17)(C) of the Federal

25 Power Act (16 U.S.C. 769(17)(C)), which burn ho-
15

•HR 2488 IH

1 mogeneous waste (other than refuse-derived fuel) for

2 the production of electric energy; (IV) air curtain in3 cinerators provided that such incinerators only burn

4 wood wastes, yard wastes and clean lumber and that

5 such air curtain incinerators comply with opacity

6 limitations to be established by the Administrator by

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

8 only infectious medical waste.’’.

9 SEC. 4. PROHIBITION ON INCINERATION OF CERTAIN MA10 TERIALS.

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

12 Disposal Act (42 U.S.C. 6921) is further amended by add13 ing at the end the following new subsection:

14 ‘‘(k) PROHIBITION ON INCINERATION OF CERTAIN

15 MATERIALS.—The following materials and products may

16 not be incinerated in a municipal solid waste incinerator:

17 ‘‘(1) Household hazardous waste.

18 ‘‘(2) Batteries.

19 ‘‘(3) Chlorinated plastics.

20 ‘‘(4) Consumer electronics.

21 ‘‘(5) Yard waste.’’.

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

23 3001 of the Solid Waste Disposal Act (as added by sub24 section (a)) shall take effect 18 months after the date of

25 the enactment of this Act.
16

•HR 2488 IH

1 SEC. 5. REQUIREMENTS RELATING TO HAZARDOUS WASTE

2 INCINERATORS.

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

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

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

6 ‘‘SEC. 3021. HAZARDOUS WASTE INCINERATORS.

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

8 date of the enactment of the Pollution Prevention and In9 cineration Alternatives Act of 1993, no Federal agency,

10 State or local government, or any other waste manage11 ment jurisdiction may issue a permit or other prior ap12 proval for the construction or expansion of a hazardous

13 waste incinerator unless the following requirements are

14 met:

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

16 approval, and all generators of waste expected to be

17 incinerated at the facility, shall conduct waste com18 position analyses that identify and quantify all the

19 waste expected to be incinerated at the facility, in20 cluding all toxic or hazardous substances in the

21 waste.

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

23 toxics use reduction requirements of subsection (b)

24 have been met.

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

26 facility will not interfere with, divert resources from,
17

•HR 2488 IH

1 or otherwise serve as a disincentive to, aggressive

2 implementation of the toxics use reduction require3 ments of subsection (b).

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

5 facility will not adversely affect the environment or

6 human health as a consequence of—

7 ‘‘(A) exposure to air emissions or inciner8 ator ash through inhalation;

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

10 emissions or incinerator ash as a consequence

11 of incorporation of such ash or emissions into

12 the food chain;

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

14 organisms contaminated by surface water dis15 charges, surface runoff, leaching, or percolation

16 of air emissions or incinerator ash into ground

17 water or surface water;

18 ‘‘(D) ingestion or inhalation of soil par19 ticles contaminated with air emissions or incin20 erator ash; or

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

22 incinerator ash.

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

24 facility will not harm the local economy, including a
18

•HR 2488 IH

1 demonstration that it will not negatively affect prop2 erty values.

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

4 is no safer disposal or treatment technology available

5 for any of the wastes.

6 ‘‘(7) The Federal agency, State or local govern7 ment, or other waste management jurisdiction shall

8 conduct a full public participation process, including

9 public hearings, to address the proposed facility. As

10 part of the process, the applicant shall provide to

11 local community groups concerned about the project

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

13 applicant shall renew the grant every six months

14 after the initial grant is made until the date final ac15 tion is completed by each Federal agency, State or

16 local government, or other waste management juris17 diction on each permit for construction or expansion

18 of the facility.

19 ‘‘(8) The proposed construction or expansion

20 must be approved by the unit of local government in

21 whose boundaries the facility would be sited.

22 ‘‘(9) The applicant shall demonstrate the fol23 lowing with respect to the applicant, any firm en24 gaged to operate the facility, the parent firm of the

25 applicant and any firm engaged to operate the facil-
19

•HR 2488 IH

1 ity, and any firms controlled by the parent firm or

2 the operating firm or the applicant:

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

4 with Federal and State environmental and pub5 lic health statutes and regulations.

6 ‘‘(B) Each such entity has paid all out7 standing fines or penalties for violations of such

8 statutes or regulations.

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

10 to the public at the site, and at local public li11 braries in the jurisdiction where the facility

12 would be sited, a disclosure statement. The dis13 closure statement shall include the following in14 formation with respect to the entity:

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

16 or any criminal offense during the previous

17 10 years in connection with obtaining or

18 attempting to obtain a contract.

19 ‘‘(ii) A list of each conviction of a vio20 lation of a State or Federal anti-trust law

21 during the previous 10 years, including

22 convictions relating to unlawful price-fix23 ing, allocation of customers among com24 petitors, and bid-rigging.
20

•HR 2488 IH

1 ‘‘(iii) A list of each citation for a per2 mit violation under a Federal, State, or

3 local environmental statute during the pre4 vious 5 years.

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

6 to conduct proper cleanup, reclamation, or

7 closure of a site or forfeiture of a bond for

8 such a failure during the previous 5 years.

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

10 notice and comment, an environmental impact state11 ment. Such statement shall be conducted in the

12 same manner and in conformance with the same

13 standards required for environmental impact state14 ments under the National Environmental Policy Act

15 (42 U.S.C. 4321 et seq.) and must be approved by

16 the State.

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

facility is not located within 11 18 ⁄2 miles of any school,

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

20 surface water used as a drinking water source, or

21 site designated by any Federal or State agency as a

22 recharge zone for an aquifer that serves as a drink23 ing water source.
21

•HR 2488 IH

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

2 location of the facility will not have a disproportion3 ate impact on minority or low-income communities.

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

5 For purposes of subsection (a)(2), an applicant for a per6 mit, and each generator of waste expected to be inciner7 ated at the facility, shall demonstrate that each such gen8 erator has completed and made available to the public, and

9 intends to complete and make available each subsequent

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

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

12 such substances during the preceding year at the genera13 tor’s facility. The report shall include, at a minimum, the

14 following:

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

16 hazardous substance used in each production unit of

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

18 whole.

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

20 use of toxic and hazardous substances in each pro21 duction unit of the generator’s facility.

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

23 hazardous substance, for reducing the use of each

24 substance in each production unit of the generator’s

25 facility and in the facility as a whole.
22

•HR 2488 IH

1 ‘‘(D) A schedule for implementing the goals re2 ferred to in subparagraph (C).

3 ‘‘(E) A statement signed by an independent ex4 pert certifying that, to the expert’s best knowledge

5 and belief, the report prepared by the generator is

6 true, complete, accurate, and prepared under a prop7 er data accounting and planning system.

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

9 for a permit shall demonstrate that the State in which

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

11 of waste expected to be incinerated at the facility are lo12 cated, has established and is implementing a toxics use

13 reduction program that includes, at a minimum, the fol14 lowing requirements:

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

16 within 5 years after the date the program is estab17 lished, at least a 50 percent reduction, from the base

18 year, in the amount of toxic or hazardous substances

19 entering the hazardous waste stream prior to treat20 ment, recycling, handling, disposal, or release.

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

22 hazardous waste to develop a plan for reducing their

23 toxic or hazardous substance use.

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

25 of hazardous waste to publicly report on materials
23

•HR 2488 IH

1 accounting for each production unit of the genera2 tor’s facility and the facility as a whole.

3 ‘‘(c) APPLICABILITY.—This section applies to any fa4 cility that burns hazardous waste, including cement kilns

5 and other industrial furnaces and boilers.

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

7 following definitions apply:

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

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

10 complete and adequate information on the genera11 tion of toxic or hazardous substances entering the

12 hazardous waste stream, prior to treatment, recy13 cling, handling, disposal, or release.

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

15 means—

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

17 section 313(c) of the Emergency Planning and

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

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

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

21 State law requires reporting similar to section

22 313 of such Act but which is not otherwise cov23 ered under subparagraph (A);

24 ‘‘(C) any hazardous constituent of hazard25 ous wastes identified under regulations promul-
24

•HR 2488 IH

1 gated under this subtitle and listed in sections

2 261.33(e), 261.33(f), and Appendix VIII of

3 part 261 of title 40 of the Code of Federal Reg4 ulations; and

5 ‘‘(D) any priority pollutant listed under

6 regulations relating to steam electric power

7 point source pollutants under the Federal

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

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

10 title 40 of the Code of Federal Regulations).

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

12 any change in a production process or activity, raw

13 material, or product, that reduces or eliminates the

14 use of any toxic or hazardous substance, or the

15 amount of any toxic or hazardous substance entering

16 any waste stream or otherwise released to the envi17 ronment (including fugitive emissions and hazardous

18 secondary materials), prior to recycling, treatment,

19 disposal, handling, or release, without creating or in20 creasing risks to the public health, workers, consum21 ers, or the environment. The term includes produc22 tion equipment or technology modifications, reformu23 lation or redesign of products, substitution of raw

24 materials, changes in production processes or proce-
25

•HR 2488 IH

1 dures, and improvements in housekeeping, mainte2 nance, training, or inventory control.

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

4 management or pollution control activity, or any

5 other practice which alters the physical, chemical, or

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

7 hazardous substance through a process or activity

8 which itself is not integral to and necessary for the

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

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

11 closed-loop recycling methods according to standard

12 engineering practices and that is not integral to and

13 necessary for the production of the product within

14 the original production unit; or (iii) the use of a by15 product as hazardous secondary material, as a prod16 uct, or as a constituent of a product.’’.

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

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

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

20 new item:

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

Æ

HR 2488 IH——2

HR 2488 IH——3