HR 3105 IH
101st CONGRESS
1st Session
 H. R. 3105
To encourage the development and use of recyclable consumer plastics,
develop a national labeling system for plastic consumer products, and
encourage other methods to reduce municipal solid waste.
IN THE HOUSE OF REPRESENTATIVES
August 3, 1989
Mr. DOUGLAS (for himself, Mr. BOEHLERT, Mr. HOCHBRUECKNER, Mr. BUECHNER,
Mr. CAMPBELL of California, Mr. PALLONE, Mr. SMITH of New Hampshire, Mr. UPTON,
and Mr. WALSH) introduced the following bill; which was referred jointly to
the Committees on Energy and Commerce and Science, Space, and Technology
A BILL
To encourage the development and use of recyclable consumer plastics,
develop a national labeling system for plastic consumer products, and
encourage other methods to reduce municipal solid waste.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE.
  This Act may be cited as the `Recyclable Consumer Plastics Act of 1989'.
SEC. 2. OFFICE OF RECYCLING RESEARCH AND INFORMATION.
  (a) ESTABLISHMENT- Not later than 3 months after the date of the enactment
  of this Act, the Administrator shall establish an Office of Recycling
  Research and Information in the Environmental Protection Agency and shall
  appoint a Director of Recycling Research and Information to be the head
  of such office. The Director shall be paid at a rate determined by the
  Administrator which is not less than the rate of basic payable for positions
  under section 5316 of title 5, United States Code.
  (b) FUNCTIONS- The Office of Recycling Research and Information shall
  carry out the following functions:
  (1) Administer a program for awarding grants to State, county, and local
  governments and non-profit organizations for the following purposes:
  (A) Studies described in section 3.
  (B) Pilot projects described in section 4.
  (2) Coordinate any existing plastics recycling efforts already undertaken
  by the Office of Solid Waste and Emergency Response and the Office of
  Research and Development of the Environmental Protection Agency.
  (3) Serve as a clearinghouse to collect, catalog, and disseminate information
  to interested persons on technology regarding recycling of consumer plastics,
  degradable plastics, and composting.
  (4) Establish informational and educational programs on source reduction,
  including curricula and informational packages for elementary, secondary,
  and university instructions.
  (5) Establish a mandatory resin content labeling system for plastic products
  for purposes of sorting plastics for recycling.
  (6) Establish national standards and labeling for plastic products or
  goods made from recycled plastic material.
  (7) Assist in the establishment of new national and international markets
  and cooperatives to coordinate market supplies and to stimulate market
  demand for recycled plastic material and composted material, including
  promotion of regional cooperative approaches.
  (8) Establish national standards and definitions for degradable plastic
  materials including (but not limited to) biodegradable or photodegradable
  plastic material.
  (9) Create task forces to make specific recommendations on solid waste
  and plastics recycling at the State and local level, based upon existing
  studies and research.
SEC. 3. GRANTS FOR PLASTICS STUDIES.
  (a) IN GENERAL- The Director, in coordination with the existing grant
  programs of the Environmental Protection Agency, shall make grants to State,
  county, and local governments and non-profit organizations to carry out
  studies in accordance with this section for the purpose of minimizing the
  environmental impact of post-consumer plastic materials disposal.
  (b) STUDY REQUIREMENTS- The studies shall include the following:
  (1) A study on post-consumer plastic materials to determine which plastic
  or other materials--
  (A) are not currently recycled in significant amounts and are found in the
  largest amounts by volume or by weight in municipal solid waste streams; and
  (B) tend to be improperly disposed of and present potential environmental
  risks through current disposal pathways, thereby creating danger, blight,
  pollution, or litter to the environment, with specific emphasis on the
  marine environment.
  (2) A study on commerce in recycled plastic materials, including--
  (A) methods to encourage new or increased use of recycled plastic materials
  in commerce;
  (B) the development of new markets, both national and international, for
  recycled plastic materials, including market incentives or disincentives; and
  (D) ways to encourage the plastics industry to use recycled plastic materials
  as a basic design goal for the long-term resolution of the issue of reducing
  plastic content in municipal solid waste streams.
  (3) A study on recyclable post-consumer plastic materials, including
  scientific and technological research on the development of plastics
  recycling methods and systems, including collection, sorting, reclamation,
  and end-use manufacturing, that will improve energy conservation through
  the preservation of the chemical energy content of recycled plastic waste
  products and materials.
  (4) A study on degradable plastic materials, including--
  (A) scientific and technological research on the effect of requiring
  the manufacture, from degradable plastic materials, of specific plastic
  consumer products identified in studies under paragraph (1)(B); and
  (B) scientific and technological research on the effect, including any
  long-term environmental effect, on degradable and nonrecycled plastic
  materials in landfills and the identification of landfill management
  techniques to maximize safe disposal of nonrecyclable plastic waste.
  (c) RESULTS OF STUDIES- Each entity carrying out a study with a grant
  authorized by this section shall, upon completion of the study, submit to
  the Director a report on the results of the study.
  (d) ADMINISTRATION- The grant program authorized by this section shall
  be administered in such manner, and with such application procedures,
  as the Director considers appropriate.
  (e) REPORT- Not later than 18 months after the date of the enactment of
  this Act, the Director shall submit to Congress a report describing the
  Director's findings, conclusions, and recommendations of the studies
  required by this section.
SEC. 4. MUNICIPAL SOLID WASTE RECYCLING AND SEWAGE SLUDGE COMPOSTING PILOT
PROJECTS.
  (a) IN GENERAL- Not later than 1 year after the date of the enactment
  of this Act, the Director shall make grants to State, county, and local
  governments and non-profit organizations to carry out pilot projects in
  accordance with this section for the purpose of developing and demonstrating
  viable technology for the recycling or composting (or both) of municipal
  solid waste and sewage sludge.
  (b) PROJECT REQUIREMENTS- The pilot projects carried out under this section
  shall include the following types of projects:
  (1) Composting of municipal solid waste and other solid waste, alone or
  in combination with sewage sludge.
  (2) Separation and recovery of plastic, metals, and commercially recoverable
  materials in conjunction with the composting project.
  (3) Marketing or other utilization of the finished compost product for
  agricultural or other purposes, including establishing or increasing
  national and international market demand.
  (4) Utilization of the recovered plastic, metal, and other nondegradable
  materials for construction materials and other purposes.
  (c) RESULTS OF PROJECTS- Each entity carrying out a project with a grant
  authorized by this section shall, upon completion of the project, submit
  to the Director a report on the results of the project.
  (d) ADMINISTRATION- The grant program authorized by this section shall
  be administered in such manner, and with such application procedures,
  as the Director considers appropriate.
  (e) REPORT- Not later than 2 years after the date of the enactment of
  this Act, the Director shall submit to Congress a report describing the
  Director's findings, conclusions, and recommendations of the projects
  required by this section.
SEC. 5. FUNDING.
  (a) IN GENERAL- Of the amount appropriated to the Administrator of
  the Environmental Protection Agency for fiscal year 1990, not less than
  $10,000,000 shall be available to the Director of the Office of Recycling
  Research and Information for purposes of making grants and carrying out
  other activities authorized by this Act. Of that amount, not less than
  $5,000,000 and not more than $8,000,000 shall be used by the Director for
  grants under sections 3 and 4.
  (b) ALLOCATION- The Director shall allocate funds made available to carry
  out this Act equitably among the States and other entities applying for
  grants under sections 3 and 4. In allocating such funds, the Director shall
  provide that entities applying for grants within each State (including
  the State itself) shall be eligible for a grant or grants in an aggregate
  amount of at least $100,000 per State.
SEC. 6. ENFORCEMENT.
  (a) PROHIBITIONS- Effective 2 years after the date of the enactment of this
  Act, no person shall distribute, sell, deliver, or otherwise provide any
  post-consumer plastic product which is not properly labeled as required
  by section 2(4) or 2(5).
  (b) PENALTY-
  (1) CIVIL PENALTY- Any person who violates this section shall be subject
  to a civil penalty assessed by the Administrator of the Environmental
  Protection Agency of not more than $5,000 for each offense.
  (2) CRIMINAL PENALTY- Any person who knowingly violates this section shall
  be guilty of a misdemeanor and on conviction shall be fined under title
  18, United States Code, imprisoned not more than one year, or both for
  each offense.
SEC. 7. DEFINITIONS.
  For purposes of this Act:
  (1) ADMINISTRATOR- The term `Administrator' means the Administrator of
  the Environmental Protection Agency.
  (2) DEGRADABLE- The term `degradable' means the ability of a material to
  be reduced to environmentally benign subunits within the shortest period
  of time consistent with the material's intended use but in no event greater
  than a period of 5 years.
  (3) DIRECTOR- The term `Director' means the Director of the Office of
  Recycling Research and Information, as established in section 2(a).
  (4) POST-CONSUMER PLASTIC MATERIALS- The term `post-consumer plastic
  materials' means plastics abandoned or disposed of after use by a consumer.
  (5) RECYCLED PLASTIC MATERIALS- The term `recycled plastic materials'
  means plastics converted from their original consumer product into other
  plastic products through the process of recycling.
SEC. 8. EFFECTIVE DATE.
  Except as provided in section 6(a), this Act shall take effect on the date
  of the enactment of this Act.