Summary: S.596 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Indefinitely postponed in Senate (10/24/1991)

Title I: Federal Facility Compliance Act - Federal Facility Compliance Act of 1991 - Directs the Administrator of the Environmental Protection Agency (EPA) to undertake annual inspections of Federal facilities subject to requirements of specified environmental laws to enforce compliance with such laws.

Requires such inspections to include an analysis of groundwater monitoring. Makes inspection records available to the public. Requires Federal agencies owning or operating such facilities to reimburse the EPA for inspection costs.

Amends the Solid Waste Disposal Act to waive sovereign immunity for Federal agencies with respect to certain requirements under such Act. Makes Federal employees subject to criminal sanctions under Federal or State solid or hazardous waste laws. Permits Federal agencies to: (1) represent or expend funds to represent an employee in State criminal proceedings if the actions for which representation were requested appear to have been performed within the scope of the employee's employment; and (2) reimburse an employee for defense costs in Federal criminal proceedings if actions were performed within such scope.

Authorizes the Administrator to commence enforcement actions against Federal agencies pursuant to this Act.

Sets forth provisions concerning the applicability of regulations governing the storage of mixed waste generated by Federal facilities. Defines "mixed waste" as waste containing hazardous waste and source, special nuclear, or by-product material subject to the Atomic Energy Act of 1954.

Authorizes the Administrator, if compliance for a particular type of mixed waste is not possible by December 31, 1993, to grant a variance from compliance with regulations to a Federal facility if sufficient treatment capacities or technologies are not available. Requires the Administrator to issue and annually update a list of all mixed wastes for which treatment technologies or capacities are not available. Directs the Administrator, no later than December 31, 1992, to amend regulations to specify levels or methods of treatment which substantially diminish the toxicity of the waste or reduce the likelihood of migration of hazardous constituents from the waste to minimize threats to human health and the environment and exposure to radioactivity.

Entitles any surety that provides a bid, performance, or payment bond in connection with a Federal contract for hazardous substance response and begins activities to meet obligations under such bond to any indemnification and standard of liability to which its principal was entitled under the contract or any applicable law or regulation.

Provides that surety bonds required for direct Federal procurement of such contracts under the Miller Act shall be issued in accordance with such Act. Provides that, if under any Federal law surety bonds are required for direct Federal procurement of such contracts: (1) no right of action shall accrue on the performance bond issued on such contract to or for the use of any person other than the obligee named in the bond; and (2) in the event of a default, the surety's liability on a bond shall be only for the cost of completion of the contract work in accordance with the plans less the balance of funds remaining to be paid under the contract, up to the penal sum of the bond.

Makes provisions of this Act concerning such bonds inapplicable to: (1) bonds executed before October 1, 1991, or after December 31, 1992; or (2) facilities included on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).

Directs the chief financial officers of affected Federal agencies to report annually to the Congress on Federal activities regarding the disposal of mixed waste subject to the Solid Waste Disposal Act.

Exempts solid or hazardous waste generated on public vessels from storage, manifest, inspection, or recordkeeping requirements under such Act until such waste is removed from the vessel on which it was generated.

Requires a Federal wastewater treatment works to be considered to be managing a solid waste (not a hazardous waste) if: (1) the treatment works receives and treats wastewater, the majority of which is domestic sewage; (2) no solid waste in any unit that is part of the treatment works exhibits a hazardous waste characteristic unless such waste is removed and managed as a hazardous waste; (3) the treatment works has a permit issued pursuant to the Federal Water Pollution Control Act and the permit includes certain pretreatment requirements; or (4) the treatment works complies with any other permit conditions. Directs owners of such treatment works to remove any hazardous solid waste and take corrective action with respect to any threatened release of such waste.

Makes the Secretary of Defense responsible for carrying out hazardous waste regulations with respect to the safe development, handling, and disposal of military munitions.

Authorizes the Administrator, in carrying out inspections of Federal facilities, to utilize the Mine Waste Treatment capabilities of the Department of Energy's Pittsburgh Energy Technology Center.

Requires the Administrator to establish: (1) a program to assist small communities in planning and financing environmental facilities and compliance activities; and (2) a Small Town Environmental Planning Task Force.

Directs the Administrator to publish a list of requirements under Federal environmental and public health statutes applicable to small towns and make additions to, and deletions from, such list on an annual basis. Requires the Administrator, as part of the Small Town Environmental Planning Program, to implement a program to notify small communities of such regulations and of future regulations and requirements.

Directs the Administrator to establish and staff in each regional office an office of the Small Town Ombudsman to provide assistance in connection with the Small Town Environmental Planning Program.

Requires the Administrator to evaluate and report to the Congress on the feasibility of establishing a multi-media permitting program for small towns.

Authorizes appropriations.

Title II: Federal Recycling Incentive Act - Federal Recycling Incentive Act - Directs the Administrator to establish and periodically modify a program requiring Federal agencies to separate materials from solid waste generated by such agencies for purposes of recycling. Prohibits the collection of such materials if the Administrator determines that inadequate markets exist for such materials.

Authorizes Federal agencies to retain moneys received from the sale of such materials for use in activities to promote recycling.

Authorizes appropriations.

Title III: Metropolitan Washington Waste Management Study Act - Metropolitan Washington Waste Management Study Act - Prohibits the expansion of the I-95 Sanitary Landfill in Lorton, Virginia, on lands owned by the U.S. Government unless: (1) an environmental impact statement regarding such expansion has been completed and approved by the Administrator; and (2) the costs incurred in completing such statement are paid from the landfill's enterprise fund or another payment formula based on jurisdictional usage of the landfill.

Permits the landfill to be expanded for purposes of the planned ash monofill which can be used solely for the disposal of incinerator ash from the parties of the July 1981 Memorandum of Understanding. Prohibits the landfill, unless the environmental impact statement and cost-sharing requirements are met, from receiving or disposing of: (1) municipal or industrial waste, other than incinerator ash, after 1995; and (2) incinerator ash after 1999.

Title IV: Energy Management Requirements for Congressional Buildings - Directs the Architect of the Capitol to undertake a program of analysis and retrofit of the Capitol Buildings and Grounds and the Senate and House Office Buildings, including a program to replace inefficient fluorescent lighting systems with systems that incorporate the best available design and technology and that have payback periods of ten years or less and incandescent lighting with efficient fluorescent lighting.

Directs the Architect to report to the Speaker of the House and the President pro tempore of the Senate on potential energy conservation measures for such buildings and to issue a plan for the implementation of such measures.

Encourages the Architect to enter into energy saving performance contracts with private firms to carry out the program. Sets forth contract and financing requirements. Encourages the Architect to accept financial incentives offered through programs for energy conservation or the management of electricity or gas demand and to enter into negotiations with electric and natural gas utilities to design a special demand management and conservation incentive program to address the unique needs of congressional buildings.

Authorizes appropriations.