H.R.4902 - A bill entitled "Municipal Incinerator Act of 1988".100th Congress (1987-1988)
|Sponsor:||Rep. Florio, James J. [D-NJ-1] (Introduced 06/23/1988)|
|Committees:||House - Energy and Commerce|
|Latest Action:||House - 07/12/1988 Referred to Subcommittee on Transportation, Tourism, and Hazardous Materials. (All Actions)|
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Summary: H.R.4902 — 100th Congress (1987-1988)All Information (Except Text)
Introduced in House (06/23/1988)
Title I: Municipal Incinerator Emissions - Amends the Clean Air Act to direct the Environmental Protection Agency (EPA) to promulgate performance standards to control emissions of particulate matter, sulfur dioxide, oxides of nitrogen, carbon monoxide, lead, cadmium, dioxins, dibenzofurans, hydrogen chloride, and mercury from municipal waste incineration units. Requires that such standards reflect the greatest degree of emission limitation achievable through application of the best available control technologies and practices. Deems specified practices and control technologies to be available. Requires that such standards be promulgated within one year of this Act's enactment, take effect within 18 months of enactment, and be reviewed and, if necessary, revised within three years of promulgation and every five years thereafter. Sets forth emission control standards which will be applicable should the EPA fail to promulgate standards.
Requires the EPA to promulgate a timetable, within one year of this Act's enactment, for existing municipal waste incineration units to comply with emission control standards, taking into account the remaining useful life of the unit and the threat the unit poses to human health and the environment. Sets forth the maximum number of years which such timetable may allow for the compliance, providing more time as a unit's additional pollution control equipment costs represent a larger proportion of its capital costs.
Requires owners or operators of municipal waste incineration units to monitor emissions at the point such emissions move into ambient air and at such other points as necessary to protect human health and the environment and to report the results of such monitoring. Sets monitoring standards, including ones for continuous and periodic monitoring.
Sets a 20-year limit on unit permits. Provides for the termination of such a permit if: (1) the unit is not in compliance with permit terms and conditions; (2) compliance with additional conditions is necessary to protect human health and the environment, or will impose minimal costs on the unit owner or operator and reduce air emissions below levels specified in the permit; or (3) enforceable contracts for the treatment or disposal of the unit's ash for the succeeding five years do not exist. Requires that a permit be reviewed at least once every five years.
Authorizes concurrent State enforcement of unit emission standards, provided such enforcement is equivalent to Federal enforcement under this Act.
Requires that civil penalties imposed against municipalities pursuant to this Act be applied in support of public programs and activities that enhance the protection of the health and environment of their residents.
Directs the EPA to establish a model State program, within 18 months of this Act's enactment, for the training and certification of municipal waste incinerator personnel. Requires that incinerator personnel be certified pursuant to a State or EPA training and certification program which is consistent with such program.
Subjects any person engaged in the manufacture or sale of municipal waste incineration units or components who misrepresents the performance characteristics of incinerator technology or equipment to a civil monetary penalty plus costs and damages caused by such misrepresentation.
Includes as major emitting facilities under the Clean Air Act municipal incinerators capable of charging more than 50 tons of refuse per day. (Currently, only incinerators charging more than 250 tons per day are included.)
Title II: Solid Waste Disposal Act Amendment - Amends the Solid Waste Disposal Act to direct the EPA to promulgate regulations, within one year of this Act's enactment, for the safe management of municipal incinerator ash. Requires that landfills into which such ashes are disposed be monofills with groundwater monitoring, two synthetic liners, an additional lower liner, a leachate collection system above all liners, and a leak detection system between the two synthetic liners. Authorizes the disposal of ash in a landfill other than a monofill if requirements more stringent than those imposed on monofills apply. Authorizes the EPA to waive the applicability of this Act's landfill design requirements to solid waste management units receiving incinerator ash if an alternative design will provide at least as effective protection of human health and the environment as such requirements.
Prohibits a State from issuing a permit to any new or modified municipal waste incineration unit after 18 months after this Act's enactment unless the State prepares a solid waste management plan which provides cost-effective maximization of resource conservation and the protection of human health and the environment through solid waste reduction, source separation or control, recycling, and other measures. Prohibits the issuance of a permit to a unit unless an ash management plan demonstrating compliance with this Act's requirements has been submitted for the ash from such unit. Requires that before a new or modified unit begins operations it have sufficient capacity to treat or dispose of its ash for the succeeding five years.
Directs the EPA, in developing regulations for the management of municipal incinerator ash, to issue criteria and testing procedures for identifying the characteristics of such ash which may pose a hazard to human health or the environment. Authorizes the EPA to require the owner or operator of a municipal incinerator or any facility involved in ash management to test the ash in accordance with such criteria and testing procedures. Requires that any ash which is identified as posing a hazard to human health or the environment be: (1) disposed of pursuant to this Act's requirements; or (2) treated, in accordance with regulations to be promulgated by the EPA, so as to remove the hazards associated with such ash, including the migration of hazardous constituents.
Subjects facilities receiving municipal incinerator ash to a permit or other prior approval program and conditions in accordance with a State's solid waste management program. Provides public notice and the opportunity or an informal public hearing prior to the issuance of a permit to an ash management facility. Authorizes the EPA to issue a corrective action order or commence a civil action against the offending facility when there has been a release of a hazardous ash constituent.
Directs the EPA to publish guidelines, within one year of this Act's enactment, identifying items or materials that should be removed from municipal waste prior to incineration in order to reduce air emissions.