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

There is one version of the bill.

Text available as:

Shown Here:
Introduced in House

 
 
HR 871 IH
102d CONGRESS
1st Session
 H. R. 871
To amend the Solid Waste Disposal Act to require producers and importers of
tires to recycle a certain percentage of scrap tires each year, to require the
Administrator of the Environmental Protection Agency to establish a recycling
credit system for carrying out such recycling requirement, to establish a
management and tracking system for such tires, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 6, 1991
Mr. TORRES (for himself, Mr. ACKERMAN, Mr. ANDERSON, Mr. BEILENSON, Mr. BERMAN,
Mrs. BOXER, Mr. BROWN, Mr. BRYANT, Mr. BUSTAMANTE, Mr. CONDIT, Mr. DIXON,
Mr. DONNELLY, Mr. DWYER of New Jersey, Mr. DYMALLY, Mr. EDWARDS of California,
Mr. EVANS, Mr. FAZIO, Mr. FRANK of Massachusetts, Mr. GEREN of Texas, Mr. HAYES
of Illinois, Mr. HERTEL, Mr. HORTON, Mr. HUGHES, Mr. JONTZ, Ms. KAPTUR,
Mr. KLECZKA, Mr. LANTOS, Mr. LEHMAN of California, Mr. LEVINE of California,
Mr. LEWIS of Georgia, Mr. LIPINSKI, Mrs. LOWEY of New York, Mr. MACHTLEY,
Mr. MARKEY, Mr. MILLER of California, Ms. MORELLA, Mr. OBERSTAR, Mr. OWENS
of Utah, Ms. PELOSI, Mr. POSHARD, Mr. RAVENEL, Mr. RIDGE, Ms. ROS-LEHTINEN,
Mr. ROYBAL, Mrs. SCHROEDER, Mr. SERRANO, Mr. SHAYS, Mr. TALLON, Mr. TOWNS,
Mr. WALSH, Ms. WATERS, Mr. WAXMAN, Mr. WOLPE, and Mr. WYDEN) introduced the
following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Solid Waste Disposal Act to require producers and importers of
tires to recycle a certain percentage of scrap tires each year, to require the
Administrator of the Environmental Protection Agency to establish a recycling
credit system for carrying out such recycling requirement, to establish a
management and tracking system for such tires, and for other purposes.
  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 `Tire Recycling Incentives Act'.
SEC. 2. FINDINGS.
  The Congress finds the following:
  (1) The generation of solid and hazardous waste has grown to alarming
  proportions in the United States, with per capita disposal having increased
  by 80 percent from 1960 to 1989. Each person in the United States throws
  away 3.6 pounds of garbage every day--enough annually to fill a convoy
  of 10-ton garbage trucks 145,000 miles long, which is the equivalent of
  half-way to the moon or roughly 7 times around the Equator.
  (2) Frequently, economic incentives are not sufficient to encourage waste
  minimization and responsible environmental behavior, and such incentives
  actually may favor increased waste generation and improper behavior.
  (3) A system of economic incentives targeted at waste reduction and recycling
  together with responsible regulation of recycling activity can reduce both
  the amount and toxicity of materials entering the environment.
  (4) The Administrator of the Environmental Protection Agency requires
  additional statutory authority to establish appropriate management
  and recycling requirements and to address situations in which economic
  incentives to encourage waste reduction and responsible environmental
  behavior are not adequate.
  (5) There is a need to encourage greater recycling of scrap tires. Americans
  generate more than 250 million scrap tires annually. Such scrap tires, piled
  one on top of another, would be 98,000 Empire State Buildings. Less than
  30 percent of the currently generated scrap tires are recycled. Currently,
  2 1/2  to 3 billion scrap tires are stockpiled across America and these
  scrap tire dumps grow larger every year. Such stockpiling is, itself,
  a potential health concern.
  (6) While worn out tire casings currently represent only 1.2 percent of the
  solid waste stream, scrap tires present a special disposal/reuse challenge
  because of their size, shape, and physical/chemical nature.
  (7) Scrap tires, when disposed of whole in a landfill, have a unique
  tendency to rise back to the surface, thus disrupting the landfill cap
  and allowing water to infiltrate the landfill.
  (8) Of the more than 250 million scrap tires generated in the United States
  every year, 84.5 percent are landfilled, stockpiled, or illegally dumped.
  (9) The whole scrap tires which are stockpiled represent not only a waste of
  resources but also a health hazard because they serve as an ideal breeding
  ground for mosquitoes. According to the Environmental Protection Agency,
  mosquito borne diseases, like encephalitis and yellow fever, as a result
  of stockpiled tires, cost an estimated $5,400,000 a year.
  (10) Further, fire hazards as a result of tire stockpiles are both severe
  and wide-ranging. Such scrap tire fires frequently result in air, surface,
  and ground water pollution. The major problem of a scrap tire fire hazard
  is the difficulty in extinguishing the fire due to the fact that 75 percent
  of tire space is void. This void space makes it difficult to put out fires
  or quench the oxygen supply.
  (11) In addition to the difficulty in putting tire fires out, such
  fires represent a potential health and environmental risk in the form
  of both liquid and gaseous emissions from the tires. Burning tires emit
  solvents and poly-nucleic aeromatic hydrocarbons (PAHs)--many of which
  are carcinogenic. The tires also melt while burning, releasing both sooty
  smoke and oily liquids. The water used to extinguish the fire mobilizes
  these chemicals into the surface and ground water.
  (12) Estimated direct annual expenditures for extinguishing tire fires
  are greater than $2,000,000. One tire fire alone, in Winchester, Virginia,
  required more than $5,000,000 for control and containment. These estimates
  say nothing of the environmental damage that must ultimately be paid for.
  (13) The best way of eliminating the environmental and health hazards
  associated with tire piles is to minimize and ultimately eliminate the
  stockpiling of tires.
  (14) While adequate technology exists to significantly reduce tire
  stockpiles, scrap tires are underutilized because of adverse economics. It
  is simply cheaper to throw them away than to recycle. Until economic forces
  are reversed, tire stockpiling will be the option of choice. Producers
  and importers of tires are responsible for introduction of such tires
  into commerce and therefore need to assure that such tires are ultimately
  managed in a responsible fashion.
SEC. 3. REQUIREMENTS TO RECYCLE SCRAP TIRES.
  (a) IN GENERAL- (1) Subtitle D of the Solid Waste Disposal Act (42
  U.S.C. 6921 et seq.) is amended by adding at the end the following new
  sections:
`SEC. 4011. RECYCLING REQUIREMENTS FOR SCRAP TIRES.
  `(a) GENERAL REQUIREMENT- (1) During the period beginning not later than
  24 months after the date of the enactment of the Tire Recycling Incentives
  Act and ending 10 years after such date, a producer or importer of tires
  each year shall recycle, using a method described in paragraph (2), an
  amount of scrap tires equal to at least that amount of tires determined by--
  `(A) multiplying the tires produced for domestic use or consumption or
  imported that year by such person, by
  `(B) the recycling percentage established by the Administrator under
  subsection (b).
  `(2) A producer or importer of tires may comply with this subsection by
  either or both of the following methods:
  `(A) By recycling scrap tires in compliance with the requirements of
  section 4012 and regulations promulgated pursuant to such section through
  reintroducing the recovered rubber into a manufacturing process for purposes
  of producing new tires or by retreading old tire casings.
  `(B) By purchasing recycling credits under the recycling credit system
  established pursuant to subsection (c).
  `(3) A producer or importer of tires shall submit to the Administrator,
  under regulations promulgated by the Administrator, a report on the amount of
  tires produced or imported in each calendar year by such person. The report
  shall be submitted at least once a year, but the Administrator also may
  require such interim reports under this paragraph as he considers necessary.
  `(b) RECYCLING PERCENTAGE- The Administrator each year shall establish
  a recycling percentage for use under subsection (a). The percentage
  applicable during the first year that the requirement established by
  subsection (a) is in effect shall be a percentage that is 5 percentage
  points higher than the recycling rate for tires that exists on the date
  of the enactment of the Tire Recycling Incentives Act. Such recycling
  rate shall be determined by using data for 1989 or the most recent year
  for which data are available. For each of the 10 years thereafter, the
  recycling percentage shall be an additional 5 percentage points higher
  than the percentage of the previous year. Such recycling percentage shall
  go into effect automatically and shall be published in the Federal Register.
  `(c) CREDIT SYSTEM FOR RECYCLING SCRAP TIRES- (1) Not later than 18 months
  after the date of the enactment of the Tire Recycling Incentives Act,
  the Administrator shall promulgate regulations to establish a system under
  which (A) recyclers may create credits for scrap tire recycling, and (B)
  producers or importers of tires may purchase such recycling credits from
  such recyclers, for purposes of complying with subsection (a). No person
  may create such credits, and no producer or importer of tires may purchase
  such credits, except in accordance with this subsection and the regulations
  promulgated under this subsection. In developing the regulations, the
  Administrator shall, to the maximum extent feasible, allow for the use of
  records kept in the ordinary course of business or other approaches that
  facilitate the simple, rapid generation and exchange of credits without
  a case-by-case approval.
  `(2) At a minimum, the regulations under paragraph (1) shall include each
  of the following requirements:
  `(A) The owner or operator of any tire sale and installation facility
  or any scrap tire collection facility shall keep receipts issued by any
  transporters who take delivery of the scrap tires. The receipts shall be
  kept for at least 3 years and shall show the date, the quantity of scrap
  tires taken, and the transporter's identification number. The owner or
  operator shall show such receipts to the Administrator or to any State
  enforcing this section and section 4012 upon demand. The owner or operator
  also shall keep on file a copy of the contract or written agreement between
  the owner or operator and the transporter under which the transporter
  agrees to take the scrap tires to a recycling facility.
  `(B) The owner or operator of a scrap tire recycling facility who obtains
  a permit in accordance with section 4012(d) is the only person who may
  create a recycling credit for the recycling credit system. Recycling
  credits may be created through shredding scrap tires, burning scrap
  tires for energy recovery in a manner approved under Federal or State
  law, reusing scrap tires through retreading, utilizing crumb rubber made
  from scrap tires in an asphalt road paving mix, recycling scrap tires by
  recovering rubber from the tires, or such other means as may be identified
  by the Administrator. The amount of recycling credit that may be created
  for one scrap tire handled at a scrap tire recycling facility is as follows:
  `(i) One-fourth of a credit for one tire shredded.
  `(ii) One-fourth of a credit for one tire burned after shredding.
  `(iii) One-half of a credit for one whole tire burned in an approved manner.
  `(iv) Three-fourths of a credit for one tire reused or recycled after
  shredding.
  `(v) One credit for one whole tire reused or recycled. Methods of reuse
  may include retreading, and methods of recycling may include recovering
  rubber from the tire to produce tires or an asphalt road paving mix. If
  the method of recovery involves shredding or crumbling of the whole tire,
  an additional one-fourth of a credit may not be claimed under clause (i)
  or (ii).
  `(C) Each year a producer or importer of tires shall keep records of
  the quantity of tires produced or imported, the recycling of scrap tires
  carried out to comply with subsection (a), the amount of recycling credits
  purchased, the names of recyclers from whom the credits were purchased and
  the dates of the purchases, the price paid for the credits, and the amount,
  if any, of recycling credits sold or carried over from previous years. The
  regulations shall allow for a two-year carryover of credits.
  `(3) The Administrator may include such other requirements in the
  regulations under paragraph (1) with respect to qualifications for recyclers,
  importers, and producers, methods for auditing compliance with the system,
  and enforcement of the system as the Administrator considers necessary
  or appropriate for administering the recycling credit system established
  under this subsection.
  `(d) REPORTS- (1) Not later than six years after the date of the enactment
  of the Tire Recycling Incentives Act, the Administrator shall submit to
  Congress an interim report on the implementation of this section. The
  report shall include, at a minimum--
  `(A) a discussion of the effects of the requirements of this section on
  the tire industry, the scrap tire recycling industry, and the environment,
  including the extent of improper tire storage and disposal; and
  `(B) an evaluation of the level of the recycling percentage under subsection
  (b) and recommendations on whether, and at what rate, the percentage should
  be increased in future years above the percentage applicable under subsection
  (b).
  `(2) Not later than 10 years after such date, the Administrator shall submit
  to Congress a final report on the implementation of this section. The report
  shall include an updated version of the discussion and evaluation required
  in the interim report, as well as such other findings and recommendations
  with respect to the implementation of this section as the Administrator
  considers appropriate.
  `(3) Each year the Attorney General shall determine the effects of the
  credit system established under subsection (c) on competition within the tire
  industry and the scrap tire recycling industry and shall submit to Congress
  a report on such determination. With respect to any calendar year occurring
  after the system is established, the determination shall be made, and the
  report submitted to Congress, not later than 6 months after completion of
  an audit of compliance with the system carried out by the Administrator
  during that calendar year, or 6 months after the end of that calendar
  year, whichever is earlier. The report shall include recommendations for
  remediating any anti-competitive effects of the credit system, including
  effects that may be violations of the Sherman Act or the Clayton Act.
  `(e) REGULATIONS- The Administrator shall promulgate regulations to implement
  this section not later than 18 months after the date of the enactment of
  the Tire Recycling Incentives Act. If the Administrator fails to promulgate
  such regulations by that date, the recycling percentage under subsection (b)
  shall be 60 percent until such time as the regulations are promulgated and
  shall apply retroactively for each year the regulations are not in effect.
  `(f) CIVIL PENALTY- (1) Whoever violates this section shall be liable to the
  United States for a civil penalty in an amount not to exceed $2500 for each
  such violation. Such civil penalty shall be assessed by the Administrator
  of the Environmental Protection Agency by an order made on the record
  after opportunity for a hearing in accordance with section 554 of title
  5, United States Code. Before issuing such an order, the Administrator
  shall give written notice to the person to be assessed a civil penalty and
  provide such person an opportunity to request, within 15 days of the date
  the notice is received by such person, a hearing on the order.
  `(2) In determining the amount of a civil penalty, the Administrator shall
  take into account the nature, circumstances, extent, and gravity of the
  violation or violations and, with respect to the violator, ability to
  pay, effect on ability to continue to do business, any history of prior
  violations under this section, the degree of culpability, and such other
  matters as justice may require.
  `(3) The Administrator may compromise, modify, or remit, with or without
  conditions, any civil penalty which may be imposed under this subsection. The
  amount of such penalty, when finally determined, or the amount agreed upon
  in compromise, may be deducted from any sums owing by the United States
  to the person charged.
  `(4) Any person who requested in accordance with this subsection a hearing
  respecting the assessment of a civil penalty and who is aggrieved by an
  order assessing a civil penalty may file a petition for judicial review
  of such order with the United States Court of Appeals for the District of
  Columbia Circuit or for any other circuit in which such person resides or
  transacts business. Such a petition may only be filed within the 30-day
  period beginning on the date the order making such assessment was issued.
  `(5) If any person fails to pay an assessment of a civil penalty--
  `(A) after the order making the assessment has become a final order and
  if such person does not file a petition for judicial review of the order
  in accordance with this section, or
  `(B) after a court in an action brought under this section has entered a
  final judgment in favor of the Administrator,
the Attorney General shall recover the amount assessed (plus interest at
currently prevailing rates from the date of the expiration of the 30-day period
referred to in paragraph (4) or the date of such final judgment, as the case
may be) in an action brought in any appropriate district court of the United
States. In such an action, the validity, amount, and appropriateness of such
penalty shall not be subject to review.
  `(g) RELATIONSHIP TO OTHER LAW- (1) The creation of any recycling credits by
  the owner or operator of a scrap tire recycling facility in accordance with
  this section shall not alter the status of scrap tires as a waste that may be
  used as fuel in a qualifying small power production facility or a qualifying
  cogeneration facility under the Federal Power Act (16 U.S.C. 791a et seq.).
  `(2) For purposes of section 142(a)(6) of the Internal Revenue Code of 1986
  (26 U.S.C. 142(a)(6)), a scrap tire recycling or disposal facility shall
  be considered to be a solid waste disposal facility.
`SEC. 4012. MANAGEMENT STANDARDS FOR SCRAP TIRES AND SCRAP TIRE COLLECTION
AND RECYCLING FACILITIES.
  `(a) GENERAL REQUIREMENTS- (1) Not later than 18 months after the date of
  enactment of the Tire Recycling Incentives Act, the Administrator shall
  take each of the following actions:
  `(A) The Administrator shall publish in the Federal Register a set of minimum
  requirements, together with a model program for the purposes of use by States
  implementing and enforcing the provisions of this section. Such minimum
  requirements and model program shall include provisions for collection,
  transport, storage, financial assurance, and management of scrap tires. In
  developing such provisions, the Administrator's first priority shall be
  to protect public health and the environment, but in adhering to that
  priority, he should not discourage environmentally beneficial reuse,
  recovery, or recycling of scrap tires.
  `(B) The Administrator shall publish in the Federal Register a procedure
  under which such minimum requirements shall be incorporated in the solid
  waste management plan submitted to the Environmental Protection Agency by
  such State under this title. The Administrator may not approve a State plan
  (or, if a State plan has already been approved in a State, the portion
  of the plan for that State incorporating the minimum requirements under
  this section) unless (i) the State has adopted all elements of the model
  program developed under this section, and (ii) the State has designated an
  agency or entity to implement such program. In the case of a State that
  adopts a program that is identical to the model program developed under
  this section and that contains a designation of an agency or entity to
  implement the program, the portion of the plan required under this section
  shall be deemed to be approved by the Administrator upon receipt by the
  Administrator of written notification of the adoption of such a program.
  `(C) The Administrator shall publish enabling regulations under which States
  may implement and enforce this section by adoption of the model program
  and regulations. Such enabling regulations shall specify the percentage
  of paving materials described in subparagraph (D)(i) necessary for a State
  to acquire in order to qualify for expedited review under that subparagraph.
  `(D) In reviewing and approving the State Plan, the Administrator shall
  provide expedited review to any State which does one of the following in
  its plan:
  `(i) Encourages the recycling of scrap tires by requiring the relevant
  State highway authority to use paving materials made from crumb rubber from
  scrap tires for use in asphalt or roadbed construction. Under the plan the
  State highway authority (or its paving contractor) would be encouraged to
  acquire such paving materials from a permitted tire recycler. In any such
  case, the State may enter into contractual arrangements to share in the
  revenue from the sale of recycling credits under section 4011.
  `(ii) Provides for directly acquiring and recycling scrap tires for such
  paving materials in the same manner as may be done directly by the State
  highway authority. In any such case, the State may obtain a permit to
  recycle such tires and may generate and sell tire recycling credits.
  `(iii) Encourages the reuse of tires by requiring that at least 20 percent
  of the tires purchased each year by the State for motor vehicles are
  retread tires.
  `(b) MANAGEMENT STANDARDS- Not later than 18 months after the date of
  enactment of the Tire Recycling Incentives Act, the Administrator shall
  promulgate regulations establishing standards for the purpose of minimizing
  potential health and environmental damages from the improper storage and
  disposal of scrap tires. States shall adopt such standards in implementing
  and enforcing this section. At a minimum, such standards shall provide
  for each of the following:
  `(1) BANS- (A) Not later than 24 months after the date of enactment
  of the Tire Recycling Incentives Act, the Administrator shall ban the
  disposal of whole tires in land disposal facilities. As part of the ban,
  the Administrator shall allow for the land disposal of shredded tires,
  but only in a monofill.
  `(B) Not later than 12 months after the date of enactment of the Tire
  Recycling Incentives Act, the Administrator shall promulgate regulations
  to ban the intentional infliction of damage on tire casings that is done
  to preclude a tire casing from being used in retreading, including slashing
  of tire casings. The ban shall apply to importers and manufacturers of tire
  casings, owners and operators of tire sale and installation facilities, and
  transporters covered by paragraph (5). An importer or manufacturer of tire
  casings shall not be held liable in any court of law for damages resulting
  from subsequent failure of retreaded tires if such a tire is retreaded by a
  recycler creating recycling credits through retreading under section 4011(c).
  `(2) INVENTORY; TIRE ADVISORY BOARD- (A) Not later than 12 months
  after the date of enactment of the Tire Recycling Incentives Act, each
  State shall conduct an inventory of scrap tire collection facilities,
  including existing tire piles, dumps, and landfills with above-ground
  storage of old tires, or any other scrap tire storage of more than 1,000
  tires. Such inventory shall be provided to the Administrator and shall be
  made available by such State to the public for comment. At a minimum, the
  inventory shall include an estimate of the number of tires in each scrap
  tire pile, an estimate of the total amount of scrap tires at the site,
  a description of the site characteristics, including proximity to the
  100-year flood plain, and surface water run-on/run-off characteristics,
  along with current management practices at the site. The inventory shall
  include the name of the owner or operator of each such site.
  `(B) Not later than 12 months after the date of the enactment of the Tire
  Recycling Incentives Act, each State shall convene a tire advisory board
  of public and private interests. Such board shall have at least 3 members
  and shall help coordinate the State's efforts under this section.
  `(3) ABATEMENT- In consultation with the owner or operator of the scrap tire
  collection facility, the tire advisory board, and the State public health
  authorities, the State shall, within 18 months of the date of enactment of
  the Tire Recycling Incentives Act, develop a scrap tire abatement plan. The
  overall abatement plan for the State inventory of sites shall reflect the
  following parameters in such priorities as determined by the State:
  `(A) Overall size of tire collection site.
  `(B) Risk to public health or the environment, including fire hazard.
  `(C) Proximity to populated areas.
  `(D) Other factors.
In developing an abatement strategy for individual sites, the States may
use the enforcement authorities of section 4013.
  `(4) SALE AND INSTALLATION FACILITIES- Any facility which distributes more
  than 1,000 tires annually into commerce for final installation onto motor
  vehicles shall enter into an agreement with a licensed tire hauler. No
  person operating such tire sale or installation facilities shall give, sell,
  donate or otherwise provide scrap tires to any other person or entity than
  a licensed tire hauler.
  `(5) TRANSPORTATION IDENTIFICATION NUMBER- (A) Except as provided in
  subparagraph (B), no person may transport scrap tires from a tire sale or
  installation facility or scrap tire collection facility unless that person
  has obtained a scrap tire Transportation Identification Number from the
  authority designated by the State in its State plan. The Administrator
  shall promulgate such standards and recordkeeping requirements as are
  appropriate to assure that scrap tires which are collected, transported,
  and ultimately stored, recycled or disposed of can be correctly accounted
  for under this section and section 4011.
  `(B) The prohibition in subparagraph (A) does not apply to any of the
  following:
  `(i) A trash hauler, such as a municipal solid waste collection truck,
  carrying fewer than 50 scrap tires.
  `(ii) A recyclables hauler, such as an auto dismantling yard, carrying
  fewer than 50 scrap tires.
  `(iii) An individual transporting fewer than 10 scrap tires.
  `(iv) A person transporting products derived from tires.
  `(v) A person transporting scrap tires for appropriate agricultural purposes,
  as defined by the Administrator.
  `(vi) A business that generates and transports its own scrap tires.
  `(c) SCRAP TIRE COLLECTION FACILITIES-
  `(1) PERMIT GUIDELINES- The Administrator shall publish guidelines for the
  State to use to issue permits to scrap tire collection facilities. Permit
  guidelines shall provide for effective regulatory control of scrap tires
  from the point of origination to final disposition. Permit guidelines
  shall also provide examples of cases in which class permits and permits
  for mobile equipment are appropriate.
  `(2) OPERATION REQUIREMENTS- The Administrator shall promulgate regulations
  or publish guidelines that shall include each of the following requirements
  for the operation of such facilities:
  `(A) The regulations or guidelines shall limit the maximum size of
  both existing and future scrap tire piles at scrap tire collection
  facilities. For existing tire piles subject to the requirements of the
  inventory and abatement plan, the maximum square area of such existing
  piles shall be 10,000 square feet, with a height limit of 40 feet and
  provision for adequate fencing, as determined by the Administrator, to
  prevent additions to the pile. For such new tire piles as may be required
  in the abatement program, or until recycling facilities are in operation,
  any new tire piles shall be limited to 5,000 square feet, with a maximum
  height of 20 feet.
  `(B) The regulations or guidelines shall require a ban on open burning
  within 50 feet of a scrap tire pile, along with a requirement that a
  50-foot fire lane be maintained around each pile.
  `(C) The regulations or guidelines shall include guidance on vegetation,
  rodent, and mosquito control at such facilities as may be appropriate.
  `(3) FLOOD PLAIN, WETLAND, SHORELINE, AND RAVINE REQUIREMENTS- The
  Administrator shall establish different requirements in regulations or
  guidelines for scrap tire collection facilities located in a 100-year
  flood plain and such other areas where water resources are critical,
  such as wetlands, shorelines, and ravines.
  `(4) EMERGENCY PLANNING REQUIREMENTS- The Administrator shall publish
  guidelines for States to follow in making plans for emergencies involving
  scrap tire collection facilities. The guidelines shall require States to
  establish contingency plans for handling an emergency. Such plans shall
  be developed in consultation with the tire advisory board, the State fire
  marshal, and local fire departments.
  `(5) EMERGENCY MANUAL- The owner or operator of a scrap tire collection
  facility shall prepare and maintain at the facility an emergency preparedness
  manual containing the following elements:
  `(A) A list of names and numbers of persons to be contacted in the event
  of a fire, flood, or other emergency involving the tire facility.
  `(B) A list of the emergency response equipment present at the facility,
  its location, and how it should be used in the event of a fire or other
  emergency.
  `(C) A description of the procedures that should be followed in the event
  of a fire at the facility, including procedures to contain and dispose of
  the oily material generated by the combustion of large numbers of tires.
The procedures in the emergency preparedness manual shall be followed in the
event of an emergency at the facility. The emergency preparedness manual
shall be updated once a year, upon changes in operations at the facility,
or if required by the State.
  `(6) EMERGENCY NOTIFICATION AND REPORTS- The owner or operator of a
  scrap tire collection facility shall immediately notify the State in the
  event of a fire or other emergency at the facility with potential off-site
  impacts. Within 2 weeks of any emergency involving potential off-site impact,
  the owner or operator of the facility shall submit to the State a report on
  the emergency. This report shall set forth the origins of the emergency,
  the actions that were taken to deal with the emergency, the results of
  the actions that were taken, and an analysis of the success or failure of
  the actions.
  `(7) OPERATIONAL RECORD- The Administrator shall promulgate regulations or
  publish guidelines requiring the owner or operator of a scrap tire collection
  facility to maintain records of the number of scrap tires received at the
  facility, stored at the facility, and shipped from the facility. Records
  shall also be kept of the amount of tire-derived products received, stored,
  or shipped from the facility. At the completion of an abatement increment,
  or a reporting period, the responsible owner or operator shall submit to
  the State a record of the approximate number of scrap tires remaining in
  the facility; the amount of tire-derived products stored at the facility;
  and the number of scrap tires or amount of tire-derived products received at
  the facility and shipped from the facility during the abatement increment
  or reporting period. For scrap tires and tire-derived products shipped to
  another location, the date and the amount shipped must be included.
  `(8) INSPECTION- At the completion of each abatement increment or reporting
  period the owner or operator of a scrap tire collection facility shall
  notify the State so that an inspection of the tire facility may be conducted
  to certify the completion of the required abatement or permit operating
  conditions.
  `(9) OPERATION, CLOSURE, AND POST-CLOSURE- The Administrator shall publish
  guidelines for adoption by the State regulatory authority requiring that
  all facilities regulated under this section have appropriate financial
  responsibility or insurance to maintain the facility for at least five
  years after the facility is closed.
  `(10) EXEMPTIONS- The permitting requirements of this section shall not
  apply to any of the following:
  `(A) A tire retailer who stores no more than 500 scrap tires on the
  business premises.
  `(B) A retreading business that stores no more than 15 percent of the
  amount of used tires retreaded annually on the business premises.
  `(C) A business such as an auto dismantling facility that does not remove
  tires from vehicles as its main activity, if no more than 1,500 unmounted
  scrap tires are kept on the business premises in any month.
  `(D) A permitted sanitary landfill that stores no more than 10,000 scrap
  tires at the landfill site.
  `(E) A person using scrap tires on an agricultural site for legitimate
  agricultural purposes.
  `(F) A person who has entered into a scrap tire facility cleanup agreement
  and is doing work specified by the agreement.
  `(d) SCRAP TIRE RECYCLING FACILITIES- The Administrator shall promulgate
  regulations for the State to use to issue permits to scrap tire recycling
  facilities. The regulations shall include requirements with respect to
  the operation of such facilities and shall include such recordkeeping
  requirements as are necessary to implement this section and section 4011.
  `(e) FEDERAL RESPONSIBILITY-
  `(1) REMEDIATION OF TIRE PILES ON PUBLIC LANDS- The Secretary of the
  Interior, together with the heads of all Federal departments and agencies
  with responsibilities for public lands or military installations, shall
  determine the extent of scrap tire piles on such lands or installations
  and shall develop and implement a plan within 18 months after the date
  of enactment of the Tire Recycling Incentives Act to remediate such tire
  piles. The requirements developed in the plan shall also apply to the
  National Railroad Passenger Corporation.
  `(2) PROCUREMENT GUIDELINE- (A) The Administrator, in consultation with
  the Secretary of Energy, the Secretary of Defense, the Secretary of
  Transportation, the Administrator of the Federal Highway Administration,
  and the Administrator of General Services (as appropriate), shall develop
  a guideline for procuring items that make use of rubber from scrap or
  used tires, including asphalt made from crumb rubber from scrap tires,
  retread tires, and tires made utilizing crumb rubber from scrap tires.
  `(B) Such procurement guideline shall require that, in the procurement of
  such items, the heads of the Federal departments covered by the guideline
  shall procure such an item if the item is available at the same (or lower)
  cost as alternative items made from rubber other than rubber from scrap or
  used tires. The cost of such an item shall be determined in accordance with
  standards developed by the National Institute for Standards and Technology
  under paragraph (3).
  `(C) If the Administrator fails to issue the procurement guideline within
  24 months after the date of the enactment of the Tire Recycling Incentives
  Act, then the head of each Federal department shall procure items containing
  75 percent or more of post-consumer scrap rubber from scrap tires if such
  post-consumer scrap rubber is reasonably available within a reasonable
  period of time at a reasonable price and meets reasonable performance
  standards of the department.
  `(3) COST STANDARDS- The Secretary of Commerce, acting through the
  Director of the National Institute of Standards and Technology, shall
  develop and publish standards for determining, for purposes of complying
  with the procurement guideline under paragraph (2), the life-cycle costs
  and benefits of asphalt made from crumb rubber from scrap tires, retread
  tires, tires made utilizing crumb rubber from scrap tires, and other items
  that make use of rubber from scrap or used tires, as compared with items
  that make use of rubber other than rubber from scrap or used tires. The
  standards shall be used by Federal departments covered by the procurement
  guideline developed under paragraph (2) and by States in the portion of
  the State plan incorporating the requirements under this section. The
  standards under this paragraph shall be developed in consultation with
  the Secretary of Transportation not later than 18 months after the date
  of the enactment of the Tire Recycling Incentives Act.
  `(4) DETERMINATIONS BY SECRETARY OF TRANSPORTATION- (A) The Secretary of
  Transportation, in consultation with the Administrator and through the use
  of data available from the Environmental Protection Agency, the Department
  of Transportation, and States, shall determine each of the following:
  `(i) Whether there are any direct worker environmental health effects
  relating to asphalt made from crumb rubber from scrap tires, and what
  those health effects are.
  `(ii) The recyclability of asphalt road surfaces made from crumb rubber
  from scrap tires.
  `(iii) The estimated life of existing asphalt road surfaces made from
  crumb rubber from scrap tires.
  `(B) Not later than 6 months after the date of the enactment of the Tire
  Recycling Incentives Act, the Secretary of Transportation shall submit
  to Congress a plan for making the determinations required by subparagraph
  (A). Not later than 18 months after such date, the Secretary shall complete
  the determinations and submit to Congress a report on the determinations.
  `(C) Unless and until the Secretary of Transportation determines otherwise,
  the estimated life of asphalt road surfaces made from crumb rubber from
  scrap tires is deemed to be twice that of conventional asphalt road surfaces.
`SEC. 4013. ENFORCEMENT AND PENALTIES FOR SCRAP TIRE REQUIREMENTS.
  `(a) ABATEMENT AUTHORITIES- For the purposes of enforcing the scrap tire
  abatement provisions of section 4012, States are authorized to enter into
  consent agreements with the owner or operator of any scrap tire collection
  facility for proper management and abatement of scrap tires. If the owner
  or operator of a scrap tire collection facility does not agree to enter
  into a consent agreement, the State or a county government, acting with
  the consent of the State, is authorized to obtain an abatement order from a
  court of competent jurisdiction for the purposes of taking temporary control
  of the scrap tire facility and conducting the cleanup and collecting the
  abatement costs through the United States Claims Court. A court may not
  issue an abatement order if the owner or operator of such a facility shows
  justifiable cause for refusing to enter into a consent agreement. States are
  also authorized to levy fines of $1,000 per day on scrap tire facilities not
  complying with sections 4011 and 4012. Notwithstanding any other provision
  of law, in the case of an abandoned scrap tire collection facility, the
  State or a county government may seize the property, perform the cleanup,
  and dispose of the property.
  `(b) TIRE SALES AND INSTALLATION FACILITIES PENALTIES- Any tire sale or
  installation facility which is not exempt under sections 4011 and 4012
  may be fined up to $100 per day for managing scrap tires in violation of
  such sections.
  `(c) LANDFILLS- Any landfill which is found to knowingly violate the
  prohibition on land disposal by landfilling more than 100 whole tires
  in any month shall be subject to a $5,000 fine for each 100 tires (or
  increment thereof) over that limit disposed of in a month.
  `(d) TIRE COLLECTION AND RECYCLING FACILITIES PENALTIES- Any tire
  collection or recycling facility determined to be in noncompliance with
  section 4011 or section 4012 shall be subject to fines of $1,000 per day
  for each violation.'.
  (2) The table of contents for subtitle D (contained in section 1001)
  is amended by adding at the end the following new items:
`Sec. 4011. Recycling requirements for scrap tires.
`Sec. 4012. Management standards for scrap tires and scrap tire collection
and recycling facilities.
`Sec. 4013. Enforcement and penalties for scrap tire requirements'.
  (b) DEFINITIONS- Section 1004 of the Solid Waste Disposal Act is amended
  by adding the following at the end thereof:
  `(41) The term `producer' with respect to tires means any person who
  produces tires for an automobile, motorcycle, truck, trailer, semitrailer or
  combination, or truck tractor. Such production does not include retreading
  tires.
  `(42) The term `importer' with respect to tires means any person who imports
  tires, either individually or as part of an automobile or other vehicle.
  `(43) The term `scrap tire' means a tire from an automobile, motorcycle,
  truck, trailer, semitrailer or combination, or truck tractor, that is no
  longer usable for the original purpose.
  `(44) The term `scrap tire collection facility' means any facility or
  entity that voluntarily or involuntarily collects, stores, or otherwise
  accumulates scrap tires in amounts in excess of 1,000 tires a year,
  including an auto parts retailer or municipality.
  `(45) The term `recycler' means with respect to tires the owner or operator
  of a tire recycling facility who has a permit under section 4012.
  `(46) The term `recycling credit' means with respect to tires a legal
  record of a recycling activity undertaken in accordance with section 4012
  that represents scrap tires recycled for purposes of complying with that
  section and section 4011.
  `(47) The term `tire sale and installation facility' means any facility
  which sells or installs more than 1,000 tires for operation on the highways
  of the United States.
  `(48) The term `tire-derived product' means a product made from the usable
  materials produced from the chemical or physical processing of a scrap
  tire. Such term does not include ash from burning a scrap tire.
  `(49) The term `tire fuel' means tires used to produce heat in an energy
  recovery combustion device designed to burn fossil fuels (including coal,
  oil, and natural gas), regardless of the size or shape of the tire upon
  entering the combustion device.
  `(50) The term `tire-derived fuel' means tire fuel that is composed of
  shredded tires from which 95 percent of the metal has been removed.
  `(51) The term `abatement increment' means a period of time not greater
  than six months and not less than one month, as specified in an abatement
  plan, during which a specified number of scrap tires will be removed from a
  scrap tire collection facility and processed in accordance with section 4011.
  `(52) The term `shredded tire' means a scrap tire reduced to chips no
  larger than 2 inches by 2 inches.
  `(53) The term `crumb rubber' means rubber from a scrap tire that is
  separated from the steel fabric and other contaminants of the tire, and
  reduced, with or without processing agents, into particles of specified
  sizes and shapes.
  `(54) The term `asphalt road paving mix' includes surface treatments,
  interlayers, and crack sealants.'.
  (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  such sums as may be necessary to carry out the amendments made by this Act.