Summary: H.R.871 — 102nd Congress (1991-1992)All Information (Except Text)

There is one summary for H.R.871. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (02/06/1991)

Tire Recycling Incentives Act - Amends the Solid Waste Disposal Act to require tire producers or importers to recycle an amount of scrap tires equal to at least the amount determined by multiplying the amount of tires produced or imported that year by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes compliance by: (1) recycling scrap tires through reintroducing the recovered rubber into a manufacturing process to produce new tires or retread old tire casings; or (2) purchasing recycling credits under this Act. Requires such individuals to report annually to the Administrator on the amount of tires produced or imported.

Directs the Administrator to establish a recycling percentage that is five percentage points higher than the existing recycling rate for tires. Provides for increases in such percentage of five points annually in the ten years following the date of enactment of this Act.

Requires the Administrator to promulgate regulations allowing recyclers to create credits for tire recycling and tire producers or importers to purchase such credits. Sets forth: (1) specified recordkeeping requirements for owners or operators of tire sale and installation facilities, scrap tire collection facilities, and tire producers and importers; and (2) the amount of credits allowed for scrap tires.

Directs the Attorney General to determine the effects of the credit system on competition within the tire and scrap tire recycling industries and to report annually to the Congress.

Sets the recycling percentage at 60 percent if the Administrator fails to promulgate regulations.

Prescribes civil penalties for violations of recycling requirements.

Considers a scrap tire recycling or disposal facility to be a solid waste disposal facility for purposes of Internal Revenue Code provisions concerning exempt facility bonds.

Directs the Administrator to: (1) publish in the Federal Register minimum requirements for State scrap tire management and procedures under which such requirements shall be incorporated into State solid waste management plans; (2) provide for expedited review of State plans which include specified scrap tire recycling measures; and (3) establish standards to minimize health and environmental damages from the improper disposal and storage of tires.

Requires such standards to provide for: (1) bans on the disposal of tires in land disposal facilities and on the intentional infliction of damage on tire casings to preclude casings from being used in retreading; (2) State inventories of scrap tire collection facilities, tire advisory boards, and scrap tire abatement plans; (3) agreements between facilities which distribute more than 1,000 tires annually and licensed tire haulers for the exclusive hauling of scrap tires by licensed haulers; and (4) prohibitions on the transportation of scrap tires by transporters without transportation identification numbers, with specified exceptions.

Directs the Administrator to publish guidelines for States for the issuance of permits to scrap tire collection facilities. Provides for: (1) limits on the size of scrap tire piles at such facilities; (2) bans on open burning within 50 feet of a scrap tire pile; (3) regulations on vegetation, rodent, and mosquito control at such facilities; and (4) different requirements for collection facilities located in 100-year flood plains or other areas where water resources are critical.

Requires the Administrator to promulgate guidelines for States for facility emergency plans. Directs facility owners or operators to maintain and update emergency preparedness manuals. Requires facility owners or operators to notify the State immediately in the event of an emergency with potential offsite impacts. Sets forth specified emergency and operational recordkeeping, reporting, and inspection requirements. Requires all regulated facilities to have appropriate financial responsibility or insurance to maintain the facility for at least five years after closure. Exempts specified persons from permitting requirements. Directs the Administrator to promulgate regulations for the State to use to issue permits to scrap tire recycling facilities.

Requires the Secretary of the Interior, together with the heads of agencies responsible for public lands or military installations, to implement a plan to remediate tire piles. Applies plan requirements to the National Railroad Passenger Corporation.

Directs the Administrator to develop a guideline for procuring items that make use of scrap or used tires. Requires Federal departments, if the Administrator fails to promulgate such guideline, to procure items containing at least 75 percent of post-consumer scrap rubber from scrap tires if the rubber is available within a reasonable amount of time at a reasonable price and meets performance standards.

Directs the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, to publish standards to determine the life-cycle costs and benefits of items that make use of rubber from scrap or used tires as compared with items that make use of rubber other than from scrap or used tires. Requires such standards to be used by Federal departments covered by the procurement guideline.

Directs the Secretary of Transportation to determine and report to the Congress on: (1) direct worker environmental health effects relating to asphalt made from crumb rubber from scrap tires; (2) the recyclability of asphalt road surfaces made from crumb rubber from scrap tires; and (3) the estimated life of existing asphalt road surfaces made from crumb rubber from scrap tires.

Permits States to: (1) enter into consent agreements with owners and operators of scrap tire collection facilities for proper management and abatement of scrap tires; and (2) levy fines on facilities for noncompliance.

Imposes fines on tire facilities and landfills for specified violations of this Act.

Authorizes appropriations.