[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1967 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1967

   To amend the Solid Waste Disposal Act to provide for a scrap tire 
                    management and recovery program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 1993

Mr. Slattery (for himself, Mr. McMillan, and Mr. Sawyer) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Solid Waste Disposal Act to provide for a scrap tire 
                    management and recovery program.

    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 and Recovery Act of 
1991''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States generates approximately 250 million 
        waste tires each year, which is slightly less than 1 tire per 
        person each year.
            (2) The United States dumps or stores between 2 and 3 
        billion waste tires in piles across the country.
            (3) These tire piles can pose a significant threat to human 
        health and the environment. Improper management of these piles 
        can create breeding habitats for mosquitoes and rodents or can 
        result in fires that release toxic fumes.
            (4) Scrap tires are a valuable resource that can be reused, 
        recycled, or recovered in a wide variety of ways that are 
        beneficial to the environment and to society, including 
        producing rubberized asphalt road and highway pavement; 
        manufacturing reclaimed or ground rubber materials into 
        products such as floor mats, carpet backing, molded goods, or 
        railroad crossings; retreading tires; using whole tires to 
        build artificial reefs or breakwaters to enhance fish habitats; 
        using tires for defense and other government needs; and 
        recovering energy from tires.
            (5) Environmentally sound and responsible techniques must 
        be employed to ensure proper disposal of scrap tires that are 
        not recycled, reused, or recovered.
            (6) Due to the lack of developed markets, tire piles have 
        not been significantly reduced despite the fact that 
        environmentally sound and responsible techniques exist 
        currently. Marketplace incentives must be provided to stimulate 
        the elimination of these tire piles through recycling, reuse, 
        and recovery, especially for situations in which no immediate 
        recycling, reuse, or recovery markets exist.
            (7) States have begun to recognize and address the problems 
        surrounding scrap tire disposal. More than thirty-five States 
        have established waste tire recycling programs and disposal 
        requirements.
            (8) Given the variability in size and scope of the scrap 
        tire problem on a region-to-region basis, individual States or 
        groups of States promise to be the best laboratories for 
        innovative, diverse, and effective solutions to the problem.
            (9) While recognizing that many States have worked to 
        address the scrap tire problem, a Federal-State partnership is 
        necessary to ensure that current and future scrap tires are 
        recovered, reused, recycled, or disposed of in a manner which 
        is most beneficial to the environment and to society. Such a 
        program will enhance current State efforts by providing 
        essential Federal guidance and financial assistance for the 
        elimination of scrap tire piles. Such a program will also 
        assist States in promoting markets for disposal of future scrap 
        tires.
            (10) The Administrator of the Environmental Protection 
        Agency requires additional statutory authority to establish 
        appropriate State management plans and provide incentives for 
        recycling, recovery, and reuse of scrap tires. Furthermore, 
        additional Federal financial assistance is needed to provide 
        economic incentives to encourage reduction of scrap tire piles 
        in an environmentally responsible manner and to develop markets 
        for the disposal of future scrap tires.

SEC. 3. SCRAP TIRE MANAGEMENT AND RECOVERY PROGRAM.

    (a) Establishment of Program.--The Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.) is amended by adding at the end the following new 
subtitle:

        ``Subtitle K--Scrap Tire Management and Recovery Program

``SEC. 12001. OBJECTIVES.

    ``The objectives of this subtitle are to provide temporary Federal 
incentives to eliminate current scrap tire piles and future scrap tires 
through productive and environmentally sound methods, including 
recycling, recovery, and reuse. Further, consistent with the overall 
objectives of this Act, all future scrap tires are to be managed by the 
States through programs that will manage and minimize the buildup of 
scrap tire piles in the future. Such objectives are to be accomplished 
through Federally approved programs developed by individual States or 
groups of States.

``SEC. 12002. STATE TIRE PLANS: SUBMISSION AND APPROVAL.

    ``(a) Submission.--Not later than 18 months after the date of the 
enactment of the Tire Recycling and Recovery Act of 1991, a State shall 
submit to the Administrator a scrap tire management plan (hereinafter 
referred to as a `State tire plan') that meets the requirements of this 
subtitle.
    ``(b) Approval.--Not later than 60 days after the Administrator 
receives a State tire plan submitted under subsection (a), the 
Administrator shall approve of disapprove the plan. The Administrator 
shall approve the State tire plan if the Administrator determines 
that--
            ``(1) the plan meets the requirements of section 12003; and
            ``(2) the plan contains provisions for the revision of such 
        plan, after notice and public hearing, in any case in which the 
        Administrator determines that--
                    ``(A) revised regulations concerning minimum 
                requirements have been promulgated and the State's plan 
                is not in compliance with such revised regulations;
                    ``(B) information has become available that 
                demonstrates the inadequacy of the plan to effectuate 
                the purposes of this subtitle; or
                    ``(C) revision is otherwise necessary.
    ``(c) Implementation.--Each State with an approved State tire plan 
shall implement the plan in accordance with the schedule contained in 
the plan.
    ``(d) Guidelines and Model Plan.--(1) Not later than 3 months after 
the date of the enactment of the Tire Recycling and Recovery Act of 
1991, the Administrator shall convene a forum of Federal, State, and 
local authorities and other experts in the field of scrap tire 
management to discuss the minimum Federal requirements of this 
subtitle, the development and implementation of State tire plans, and 
the guidelines and model plan to be developed by the Administrator to 
assist the States in complying with this subtitle.
    ``(2) Not later than 12 months after the date of the enactment of 
the Tire Recycling and Recovery Act of 1991, and after consultation 
with the Federal, State, and local authorities and experts convened 
pursuant to paragraph (1), the Administrator shall issue and distribute 
to States guidelines and a model plan to assist States in the 
development and implementation of State tire plans.
    ``(3) In issuing guidelines under this subsection, the 
Administrator shall consider the following:
            ``(A) The varying regional, geologic, hydrologic, climatic, 
        and other circumstances under which different scrap tire 
        management practices are appropriate.
            ``(B) The characteristics and conditions of existing scrap 
        tire piles and collection sites, including an estimation of 
        present and future capacity.
            ``(C) Population density, distribution, and projected 
        growth in areas near existing piles.
            ``(D) The type and availability of transportation from 
        existing piles.
            ``(E) The location and availability of industrial boilers, 
        kilns, or electric generation facilities that may be able to 
        use scrap tires for energy recovery.
            ``(F) The types of recycling, reuse, and recovery 
        facilities that are most appropriate and viable to the 
        particular area.
            ``(G) Potentially available new and additional markets for 
        recovered scrap tires.
    ``(e) Review of Plans.--The Administrator shall review approved 
State tire plans and may conduct an audit of any such plan from time to 
time. If the Administrator determines that revisions or corrections are 
necessary to bring a plan into compliance with the minimum requirements 
of section 12003, the Administrator shall, after notice and opportunity 
for public hearing, withdraw approval of the plan. Such withdrawal of 
approval shall cease to be effective upon the Administrator's 
determination that such plan complies with minimum Federal 
requirements.
    ``(f) EPA Authority To Promulgate and Implement Tire Plans.--In the 
case of any State that has not submitted a State tire plan by the 
deadline in subsection (a), the Administrator shall promulgate a State 
plan for the State and implement such plan within the State.
    ``(g) Relationship to Existing Activities.--Nothing in this 
subtitle shall be construed to prevent or affect any current activities 
respecting scrap tire management (including the elimination of scrap 
tire piles) unless such activities are inconsistent with a State tire 
plan approved by the Administrator under this section.

``SEC. 12003. STATE TIRE PLANS: MINIMUM REQUIREMENTS.

    ``In order to be approved under section 12002, each State tire plan 
shall comply with the following requirements:
            ``(1) Reduction and elimination of existing scrap tire 
        piles.--The plan must address the reduction and elimination of 
        existing scrap tire piles that contain more than 3,000 scrap 
        tires and must meet the following minimum requirements:
                    ``(A) It shall identify existing scrap tire 
                collection sites as determined by the survey conducted 
                by the State as required under section 12004, estimate 
                present and future capacity of each site and the number 
                of tires at each site on January 1, 1993, and assess 
                the health and environmental status of each site.
                    ``(B) It shall provide for a system under which 
                tires in existing scrap tire piles can be separated, 
                identified, or distinguished from new scrap tires.
                    ``(C) It shall provide for the elimination of 
                existing scrap tire piles through recycling, recovery, 
                or reuse of scrap tires, and if there are no immediate 
                recycling, recovery, or reuse markets for the scrap 
                tires, then it shall provide for environmentally sound 
                disposal of such piles.
                    ``(D) It shall have as its goal the elimination, by 
                January 1, 2005, of all existing scrap tire piles 
                within the State, as determined by the survey conducted 
                by the State as required under section 12004.
                    ``(E) It shall identify the responsibilities of 
                State, local, and regional authorities in the 
                implementation of the plan, the proposed distribution 
                of Federal funds to the authorities responsible for 
                development and implementation of the plan, means for 
                coordinating regional planning under the plan, and 
                means for considering the interests and views of 
                adjacent States.
                    ``(F) It shall prohibit public authorities from 
                implementing scrap tire management programs that are 
                inconsistent with Federal requirements and the State 
                tire plan.
                    ``(G) It shall provide a detailed breakdown of 
                estimated costs of implementing the plan, and shall 
                specify a method for cost recovery from, or cost 
                sharing with, existing owners of piles.
                    ``(H) It shall encourage the environmentally sound 
                recycling of scrap tires through all available means, 
                including using scrap tires in the production of paving 
                materials, the construction of roadbeds, tire 
                retreading, or energy recovery; using reclaimed or 
                ground rubber materials as floor mats, carpet backing, 
                molded goods, or railroad crossings; and using whole 
                tires to build artificial reefs or breakwaters to 
                enhance fish habitats.
            ``(2) Current and future disposal of scrap tires.--The plan 
        must address current and future disposal and recycling, 
        recovery, and reuse of scrap tires and must meet the following 
        minimum requirements:
                    ``(A) It shall prohibit the permanent disposal of 
                new scrap in landfills, monocells, or monofills, except 
                that disposal of shredded tire material in landfills, 
                monocells, or monofills shall be allowed in the absence 
                of a higher use for such tires.
                    ``(B) It shall require that scrap tire collection 
                sites at which no fee is charged for the acceptance of 
                scrap tires be available in the State in a number of 
                sufficient to accommodate the amount of scrap tires 
                expected to be generated in the State annually.
                    ``(C) It shall prohibit the operation of a 
                collection site except in compliance with regulations 
                promulgated by the Administrator under section 
                12005(a)(2) with respect to conditions applicable to 
                scrap tire piles.
                    ``(D) It shall prohibit storage of more than 3,000 
                scrap tires for more than 60 days at collection sites, 
                unless such storage is necessary for implementation of 
                a specific project for further reuse, recovery, or 
                recycling and only continues for a reasonable period of 
                time.
                    ``(E) It shall have as its goal the reuse, 
                recycling, or recovery of 100 percent of the new scrap 
                tires in the State.
                    ``(F) It shall prohibit new scrap tires from being 
                commingled with existing scrap tire piles (as 
                identified in the survey conducted pursuant to section 
                12004).
                    ``(G) It shall identify the responsibilities of 
                State, local, and regional authorities in the 
                implementation of the State tire plan, and means for 
                coordinating regional planning and consideration of the 
                views and interests of adjacent States under the State 
                tire plan.
                    ``(H) It shall prohibit public authorities from 
                implementing scrap tire management programs that are 
                inconsistent with Federal requirements and the State 
                tire plan.
                    ``(I) It shall encourage the environmentally sound 
                recycling of scrap tires through all available means, 
                including using scrap tires in the production of paving 
                materials, the construction of roadbeds, tire 
                retreading, or energy recovery; using reclaimed or 
                ground rubber materials as floor mats, carpet backing, 
                molded goods, or railroad crossings; and using whole 
                tires to build artificial reefs or breakwaters to 
                enhance fish habitats.
            ``(3) Permits.--The plan must provide for a regulatory 
        scheme under which States are required to issue permits to 
        owners or operators of scrap tire collection sites and persons 
        who process, collect, store (as described in paragraph (2)(D)), 
        transport, dispose of, recycle, recover, or reuse scrap tires. 
        The plan shall require that, in order for a person to be issued 
        a permit, the person must meet all applicable provisions 
        contained in the State plan and in section 12005. The 
        permitting requirements shall not apply to any of the persons 
        exempted by the Administrator from the requirements of section 
        12005, pursuant to subsection (b) of that section.

``SEC. 12004. FINANCIAL ASSISTANCE.

    ``(a) In General.--The Administrator may provide financial 
assistance to States in accordance with this section for purposes of 
conducting surveys of current scrap tire piles, developing State tire 
plans under sections 12002 and 12003, and implementing those tire 
plans.
    ``(b) Guidelines.--Not later than 12 months after the date of the 
enactment of the Tire Recycling and Recovery Act of 1991, the 
Administrator shall issue guidelines, after consultation with 
appropriate Federal, State, and local authorities, setting forth an 
equitable formula for distribution of financial assistance under this 
section. The formula shall provide a preference to applicants that have 
shown substantial progress in eliminating scrap tire piles, and should 
be based on some or all of the following factors:
            ``(1) Number of tires generated.
            ``(2) Population.
            ``(3) Magnitude and severity of the scrap tire problem.
    ``(c) Application.--(1) To qualify for financial assistance under 
this section, a State shall submit to the Administrator an application 
at such time, in such manner, and containing such information as the 
Administrator prescribes in the guidelines under paragraph (1). The 
application must be submitted not later than 18 months after the date 
of the enactment of the Tire Recycling and Recovery Act of 1991, and 
shall contain, at a minimum, the following:
            ``(A) A proposed schedule for conducting surveys and 
        submitting a State tire plan to the Administrator.
            ``(B) A list of each scrap tire pile in the State that the 
        State estimates contains more than 3,000 scrap tires. The list 
        shall include the location and ownership of each such pile.
            ``(C) A plan for conducting surveys within 6 months after 
        receipt of financial assistance of the location, size, and 
        characteristics of all scrap tire piles existing in the State 
        on January 1, 1993, that contain more than 3,000 scrap tires. 
        The surveys shall determine the location, size characteristics, 
        together with a description of any health or environmental 
        hazards existing at each site.
            ``(D) An identification of the State agency responsible for 
        developing the State tire plan.
            ``(E) An estimate of the cost of conducting the surveys and 
        developing the State tire plan and the amount of Federal 
        financial assistance being sought for such purposes.
            ``(F) A description and copies of all scrap tire pile 
        inventories previously conducted by the State.
            ``(G) A description of all scrap tire disposal, recovery, 
        reuse, and recycling programs and activities that the State has 
        conducted, together with an estimation of the costs and 
        benefits of such programs or activities.
    ``(2) In the guidelines issued under this subsection the 
Administrator shall allow States to apply for financial assistance 
individually or in conjunction with neighboring States.-
    ``(d) Approval of Application.--Not later than 60 days after the 
Administrator receives an application for financial assistance from a 
State under this section, the Administrator shall approve or disapprove 
the application. The Administrator shall approve the application if the 
Administrator determines that the application meets the requirements of 
subsection (c).
    ``(e) Assistance Pending Approval of Application.--At the 
discretion of the Administrator, financial assistance may be provided 
for ongoing State activities conducted during the period beginning on 
the date of application for financial assistance under this section and 
ending on the date of approval of a State tire plan, if such activities 
are consistent with the subsequently approved State tire plan.
    ``(f) Audit.--For purposes of assessing the accuracy of a survey 
conducted by a State using assistance provided under this section, the 
Administrator may audit the survey if the Administrator considers an 
audit necessary.
    ``(g) Oversight.--The Administrator may oversee the use of 
financial assistance provided under this section for purposes of 
ensuring that the assistance is used for the purposes for which it was 
intended.

``SEC. 12005. PROHIBITIONS.

    ``(a) Prohibitions.--The following prohibitions shall take effect 
24 months after the date of the enactment of the Tire Recycling and 
Recovery Act of 1991:
            ``(1) Disposal.--It shall be unlawful to dispose of scrap 
        tires in a landfill, monocell, or monofill, except that 
        disposal of shredded tire material in landfills, monocell, or 
        monofills shall be allowed in the absence of a higher use of 
        such tires.
            ``(2) Operation of collection sites.--(A) It shall be 
        unlawful to operate a collection site except in compliance with 
        regulations promulgated by the Administrator under this 
        paragraph with respect to conditions applicable to scrap tire 
        piles (including piles containing shredded tire material).
            ``(B) The regulations shall address, at a minimum, the 
        following:
                    ``(i) The maximum number of feet that the height, 
                base, and length of scrap tire piles may be.
                    ``(ii) The distance that must be maintained between 
                scrap tire piles.
                    ``(iii) The distance that must be maintained 
                between scrap tire piles and the perimeter of the 
                collection site property and any building.
                    ``(iv) The manner in which scrap tires must be 
                maintained to minimize mosquito breeding.
                    ``(v) The accessibility of scrap tire piles to 
                firefighting equipment, and the maintenance of roads 
                approaching such piles.
                    ``(vi) The size of scrap tire piles that shall be 
                surrounded by a berm sufficient to contain any liquid 
                that may be discharged as the result of fire or 
                firefighting efforts.
                    ``(vii) The size of scrap tire piles that shall be 
                completely enclosed behind fencing.
                    ``(viii) Such other matters as the Administrator 
                determines necessary to protect human health and the 
                environment, including fire prevention requirements.
            ``(C) The regulations also shall require an owner or 
        operator of a collection site containing more than 3,000 scrap 
        tires to prepare and maintain an emergency plan to respond to 
        any fire or other event which may release pollutants or 
        contaminants from such site.
            ``(3) Storage at collection sites.--It shall be unlawful to 
        store more than 3,000 scrap tires for more than 60 days at 
        collection sites, unless such storage is necessary for 
        implementation of a specific project for further reuse, 
        recovery, or recycling and only continues for a reasonable 
        period of time.
            ``(4) Commingling.--It shall be unlawful for any person to 
        commingle new scrap tires with existing scrap tire piles.
            ``(5) Permits.--Beginning 12 months after the effective 
        date of any State tire plan approved or promulgated by the 
        Administrator under this subtitle, it shall be unlawful for any 
        person to--
                    ``(A) transfer control over any scrap tires for 
                transportation to a collection site to any person other 
                than a person operating under a permit as a tire 
                transporter;
                    ``(B) operate or maintain a scrap tire pile or 
                collection site, or deliver to or receive scrap tires 
                for storage or disposal at a collection site, unless--
                            ``(i) the person is in compliance with a 
                        permit for the collection site issued by a 
                        State with an approval tire plan; or
                            ``(ii) the person has applied for a permit 
                        for the collection site from a State with an 
                        approved tire plan, the application has not yet 
                        been approved, and the person is in compliance 
                        with the expected requirements of the permit.
    ``(b) Exemptions.--(1) The Administrator may by regulation exempt 
any of the following persons from any requirement of this section, if 
such exemption is not inconsistent with the goals and requirements of 
this subtitle and no threat of an adverse effect on human health or the 
environment will result from such exemption:
            ``(A) A tire retailer that stores fewer than 3,000 scrap 
        tires at any collection site where new tires are sold or 
        installed.
            ``(B) A tire retreader that stores fewer than 3,000 scrap 
        tires or a quantity of scrap tires equal to the number to be 
        retreaded over a 30-day period, whichever is greater, at any 
        collection site where tires are retreaded.
            ``(C) A business that removes tires from vehicles and 
        stores fewer than 3,000 scrap tires at any collection site 
        where such removals occur.
            ``(D) A solid scrap disposal facility that stores fewer 
        than 3,000 scrap tires for future processing or disposal which 
        has already received a permit under a State solid scrap program 
        imposing conditions and requirements to protect human health 
        and the environment comparable to those imposed by this 
        subtitle.
            ``(E) Any person who stores or uses scrap tires for a 
        marine or agricultural purpose if such scrap tires are used for 
        such purpose within 6 months after the date the tire is removed 
        from use, unless storage for such purpose is necessary for 
        longer than 6 months and the storage continues only for a 
        reasonable period of time.
            ``(F) A transporter of new and used tires to the 
        manufacturer for warranty adjustment.
            ``(G) A tire manufacturing finishing center or tire 
        adjustment center that stores fewer than 4,000 tires on the 
        business premises.
    ``(2) The Administrator is authorized to impose alternative 
requirements, including requirements for fire prevention and disease 
control, and may include such requirements in the minimum requirements 
under section 12003 as a condition for any exemption or partial 
exemption under this subsection

``SEC. 12006. ENFORCEMENT.

    ``(a) Compliance Orders.--(1) Whenever on the basis of any 
information the Administrator determines that any person has violated, 
or is in violation of, any requirement or prohibition in effect under 
this subtitle (including any requirement or prohibition in effect under 
regulations under this subtitle), the Administrator may issue an order 
(A) assessing a civil penalty for any past or current violation, (B) 
requiring compliance immediately or within a specified time period, or 
(C) both, or the Administrator may commence a civil action in the 
United States district court in the district in which the violation 
occurred for appropriate relief, including a temporary or permanent 
injunction. Any order issued pursuant to this subsection shall state 
with reasonable specificity the nature of the violation.
    ``(2) Any penalty assessed in an order under this subsection shall 
not exceed $25,000 per day of noncompliance for each violation of a 
requirement or prohibition in effect under this subtitle. In assessing 
such a penalty, the Administrator shall take into account the 
seriousness of the violation, any good faith efforts to comply with 
applicable requirements, and the ability of the violator to pay.
    ``(3) Any order issued under this subsection shall become final 
unless, not later than 30 days after issuance of the order, the persons 
named in the order request a public hearing. Upon such request, the 
Administrator shall promptly conduct a public hearing. In connection 
with any proceeding under this subsection, the Administrator may issue 
subpoenas for the production of relevant papers, books, and documents, 
and may promulgate rules for discovery procedures.
    ``(4) In the case of a final order under this subsection requiring 
compliance with any requirement of or regulation under this subtitle, 
if a violator, without sufficient cause, fails to comply within the 
time specified in an order, the Administrator may assess a civil 
penalty of not more than $25,000 for each day of continued 
noncompliance with the order.
    ``(b) Criminal Penalties.--Any person who--
            ``(1) knowingly violates the requirements of or regulations 
        under this subtitle; or
            ``(2) knowingly omits material information or makes any 
        false material statement or representation in any record, 
        report, or other document filed, maintained, or used for 
        purposes of compliance with this subtitle or regulations under 
        this subtitle
shall, upon conviction, be subject to a fine of not more than $50,000 
for each day of violation, or imprisonment not to exceed two years, or 
both. If the conviction is for a violation committed after a first 
conviction of such person under this subsection, the maximum punishment 
shall be doubled with respect to both the fine and imprisonment.
    ``(c) Civil Penalties.--Any person who violates any requirement of 
or regulation under this subtitle shall be liable to the United States 
for a civil penalty in an amount not to exceed $25,000 for each such 
violation. Each day of violation shall, for purposes of this section, 
constitute a separate violation.

``SEC. 12007. FEDERAL GOVERNMENT REQUIREMENTS.

    ``(a) Procurement Guidelines.--Not later than 24 months after the 
date of the enactment of the Tire Recycling and Recovery Act of 1991, 
the Administrator, in consultation with the head of each appropriate 
department, agency, and instrumentality of the Federal Government, 
shall prepare guidelines under section 6002(e) for procuring items that 
make use of rubber from scrap or used tires. Each year the 
Administrator shall submit a report to Congress regarding the progress 
of Federal procurement of items that make use of such rubber.
    ``(b) Removal of Scrap Tires on Public Lands.--(1) Not later than 
12 months after the date of the enactment of the Tire Recycling and 
Recovery Act of 1991, the Administrator, together with the heads of all 
appropriate departments, agencies, and instrumentalities of the Federal 
Government, shall determine the extent of scrap tire piles on property 
under Federal jurisdiction or control.
    ``(2) Not later than 24 months after such date of enactment, the 
Administrator, together with the heads of all appropriate departments, 
agencies, and instrumentalities of the Federal Government, shall 
develop and implement a plan for abatement of those scrap tire piles in 
a manner which is consistent with the objectives of this subtitle.
    ``(3) Not later than 48 months after such date of enactment, the 
Administrator shall submit to Congress a report on the progress made in 
abating scrap tire piles on property under Federal jurisdiction or 
control.

``SEC. 12008. DEFINITIONS.

    ``For purposes of this subtitle:
            ``(1) The term `scrap tire' means a tire that is no longer 
        usable for its original purpose because of wear, damage, or 
        defect.
            ``(2) The term `new scrap tires' means all scrap tires 
        removed from vehicles, or otherwise generated, in a State after 
        the effective date of the State tire plan approved or 
        promulgated by the Administrator for that State under this 
        subtitle.
            ``(3) The term `scrap tire piles' means scrap tires which 
        are stored outdoors at collection sites.
            ``(4) The term `collection site' means a location in which 
        scrap tires may be brought by a scrap tire transporter for the 
        purpose of storage or disposal.
            ``(5) The term `energy recovery', with respect to scrap 
        tires, means a process in which energy is recovered from 
        controlled combustion of whole or shredded scrap tires.
            ``(6) The term `environmentally sound' means the 
        disposition or application of a scrap tire in a manner that 
        will result in no threat of an adverse effect on human health 
        or the environment.
            ``(7) The term `monocell' means a section of a landfill in 
        which only tires are placed.
            ``(8) The term `monofills' means a landfill used 
        exclusively for the storage of shredded, chipped, or otherwise 
        mechanically processed tires in the ground.
            ``(9) The term `rubberized asphalt' includes asphalt paving 
        mixes which incorporate rubber recovered from scrap tires 
        either in the asphalt cement or in the aggregate used to make 
        asphalt concrete, and also includes surface treatments, 
        interlayers, and crack sealants.
            ``(10) The term `shredded tire material' means tire 
        material resulting from tire shredding that produces pieces 4 
        square inches or less in size that do not hold water when 
        stored in piles.

``SEC. 12009. REPORT.

    ``Not later than 5 years after the date of the enactment of the 
Tire Recycling and Recovery Act of 1991, the Administrator shall submit 
to Congress a report on the implementation of this subtitle and the 
effectiveness of achieving the objectives of this subtitle. The report 
shall include such recommendations as the Administrator considers 
appropriate.''.
    (b) Table of Contents Amendment.--The table of contents for the 
Solid Waste Disposal Act (contained in section 1001 of such Act) is 
amended by adding at the end the following:

        ``Subtitle K--Scrap Tire Management and Recovery Program

``Sec. 12001. Objectives.
``Sec. 12002. State tire plans: submission and approval.
``Sec. 12003. State tire plans: minimum requirements.
``Sec. 12004. Financial assistance.
``Sec. 12005. Prohibitions.
``Sec. 12006. Enforcement.
``Sec. 12007. Federal government requirements.
``Sec. 12008. Definitions.
``Sec. 12009. Report.''.
    (c) Conforming Amendments.--(1) Section 2004 of the Solid Waste 
Disposal Act (42 U.S.C. 6914) is hereby repealed.
    (2) The table of contents in section 1001 of such Act is amended by 
striking out the item relating to section 2004.

                                 <all>

HR 1967 IH----2
HR 1967 IH----3