H.R.871 - Tire Recycling Incentives Act102nd Congress (1991-1992)
|Sponsor:||Rep. Torres, Estaban Edward [D-CA-34] (Introduced 02/06/1991)|
|Committees:||House - Energy and Commerce|
|Latest Action:||House - 02/19/1991 Referred to the Subcommittee on Transportation and Hazardous Materials. (All Actions)|
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Text: H.R.871 — 102nd Congress (1991-1992)All Information (Except Text)
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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.