[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 938 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 938

      To amend the Solid Waste Disposal Act to enhance recycling 
                 opportunities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 11 (legislative day, April 19), 1993

Mr. Lautenberg introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
      To amend the Solid Waste Disposal Act to enhance recycling 
                 opportunities, 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 ``Recycling Enhancement Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the use of recycled materials in manufacturing can 
        result in significant energy resource savings when compared to 
        the use of virgin materials; and
            (2) recycling can significantly reduce the quantity of 
        waste that must be disposed of.

SEC. 3. NATIONAL RECYCLING OPPORTUNITIES.

    Subtitle F of the Solid Waste Disposal Act (42 U.S.C. 6961 et seq.) 
is amended--
            (1) by striking the subtitle heading and inserting the 
        following new heading:

        ``Subtitle F--Recycling and Federal Responsibilities'';

        and
            (2) by inserting after section 6004 the following new 
        sections:

``SEC. 6005. WHITE GOODS AND AUTOMOBILE RECYCLING.

    ``(a) Study Requirement.--The Administrator, in consultation with 
the Secretary of Transportation, the Secretary of Energy, the Secretary 
of Commerce, and interested and affected members of the public, shall 
conduct a study of the opportunities for recycling white goods and 
automobile components in the United States and the steps needed to 
increase the recycling.
    ``(b) Matters To Be Studied.--In carrying out the study, the 
Administrator shall--
            ``(1) identify the quantities of white goods and 
        automobiles collected for recycling and the percentage of the 
        collected quantities that is recycled; and
            ``(2) consider, at a minimum--
                    ``(A) the major obstacles to increased recycling of 
                white goods and automobile components and how the 
                obstacles can be overcome;
                    ``(B) methods of incorporating recyclability into 
                the planning, design, and manufacturing of white goods 
                and new automobiles;
                    ``(C) the use of toxic and nonrecyclable materials 
                in white goods and automobiles and possible substitutes 
                for the materials;
                    ``(D) the feasibility of establishing design 
                guidelines for white goods and automobiles that would 
                result in a gradual phase-out of hazardous and 
                nonrecyclable materials used in white goods and 
                automobiles;
                    ``(E) methods of engineering new and more easily 
                recyclable plastics for use in white goods and 
                automobiles;
                    ``(F) any environmental impact from the recycling 
                of white goods and automobile components;
                    ``(G) reasonably available economic or market 
                incentives to promote, as appropriate, recycling or 
                environmentally sound alternatives for minimizing the 
                landfilling of white goods, taking into account--
                            ``(i) population densities;
                            ``(ii) local markets;
                            ``(iii) transportation distances and costs; 
                        and
                            ``(iv) such other factors as the 
                        Administrator determines are relevant and 
                        appropriate.
    ``(c) Report.--Not later than 18 months after the date of enactment 
of this section, the Administrator shall submit to Congress a report on 
the study required by subsection (a). The report shall contain a 
discussion of each matter described in subsection (b), and the findings 
and recommendations of the Administrator.
    ``(d) Guidelines for White Goods Recycling.--Not later than 1 year 
after the submission to Congress of the report required under 
subsection (c), and after consultation with other interested Federal 
agencies, appropriate State and local officials, and interested and 
affected members of the public, the Administrator shall promulgate 
guidelines identifying appropriate economic and regulatory incentives 
to encourage recycling and other environmentally sound alternatives for 
minimizing the landfilling of white goods. In preparing the guidelines, 
the Administrator shall consider, at a minimum--
            ``(1) deposits;
            ``(2) disposal fees and rebates;
            ``(3) loans and loan guarantees;
            ``(4) tax incentives; and
            ``(5) regulatory restrictions on disposal in landfills.
    ``(e) Definition of White Goods.--As used in this section, the term 
`white goods' means major appliances such as refrigerators, washing 
machines, water heaters, stoves, clothes dryers, and air conditioners.

``SEC. 6006. RECYCLING BUILDING CODES.

    ``(a) In General.--The Administrator, in consultation with the 
Secretary of Housing and Urban Development, shall develop model 
construction guidelines that provide suitable space for the separation, 
collection, and temporary storage of material for recycling in new 
multifamily or multiunit building construction and major renovation of 
multifamily and multiunit buildings.
    ``(b) Guidelines.--The model construction guidelines shall be 
consistent with the safety, health, and well-being of building 
occupants and shall provide for recycling as an integral component of 
the waste management systems of the building.
    ``(c) Assistance of Organizations.--To the maximum extent possible, 
the model construction guidelines shall be developed with the 
assistance of--
            ``(1) organizations involved in establishing national 
        building construction standards; and
            ``(2) authorities of State governments or political 
        subdivisions of State governments that regulate building 
        construction.
    ``(d) Review of Guidelines.--
            ``(1) Draft guidelines.--The Administrator shall make a 
        draft of the model construction guidelines available for public 
        review and comment.
            ``(2) Final guidelines.--The Administrator shall make the 
        final model construction guidelines available to the public not 
        later than 2 years after the date of enactment of this section.
    ``(e) Outreach.--
            ``(1) In general.--The Administrator shall conduct outreach 
        activities to encourage the organizations and authorities 
        described in paragraphs (1) and (2) of subsection (c) to adopt 
        the final model construction guidelines.
            ``(2) Additional outreach activities.--The Administrator 
        shall conduct additional outreach activities to disseminate 
        information regarding recycling building programs of States and 
        political subdivisions of States (in existence at the time of 
        the outreach activities) and the implementation of the final 
        model construction guidelines.

``SEC. 6007. NATIONAL CENTERS FOR PLASTICS RECYCLING.

    ``(a) Establishment of Centers.--The Administrator shall establish 
3 National Plastics Recycling Research and Development Centers 
(referred to in this section as `Centers') at institutions of higher 
education.
    ``(b) Topics of Research.--The research activities conducted by the 
Centers shall include research concerning--
            ``(1) methods of promoting the increased recycling of 
        plastic products and materials present in large quantities in 
        the solid waste stream that are not currently recycled in 
        significant quantities;
            ``(2) the development of improved methods for collecting, 
        sorting, and reclaiming plastics; and
            ``(3) new commercial applications for recycled plastic 
        products and methods of expanding commercial markets for 
        recycled plastic products.
    ``(c) Grants.--
            ``(1) In general.--The Administrator shall make a grant to 
        each Center.
            ``(2) Amount.--The amount of the grant shall be equal to 50 
        percent of the cost to the Center of carrying out the research 
        activities described in subsection (b).
            ``(3) Matching funds.--The grant shall be made on the 
        condition that the institution match the amount of the grant 
        with funds provided from non-Federal sources (including funds 
        provided by the State in which the Center is located, the 
        institution of higher education associated with the Center, and 
        the private sector).
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Environmental Protection Agency to carry out this 
section, $5,000,000 for each of the fiscal years 1993 through 1996.

``SEC. 6008. PLASTICS RECYCLING CODES.

    ``(a) Definitions.--As used in this section:
            ``(1) ASTM.--The term `ASTM' means the American Society for 
        Testing and Materials.
            ``(2) ISO.--The term `ISO' means the International 
        Standards Organization.
            ``(3) Plastic container.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `plastic container' means--
                            ``(i) a rigid or semirigid vessel, 
                        including bottles, made of plastic with a 
                        capacity of 8 fluid ounces or more and less 
                        than 5 gallons, designed to hold a commodity; 
                        and
                            ``(ii) a flexible garden or leaf bag made 
                        of plastic.
                    ``(B) Exclusions.--The term shall not apply to--
                            ``(i) a vessel manufactured for use in a 
                        medical or laboratory process or procedure; or
                            ``(ii) a container used in a motor vehicle.
            ``(4) Plastic product.--The term `plastic product' means an 
        article, other than a plastic container, made of plastic and 
        weighing more than 0.1 kilogram. The term shall not include a 
        lead-acid battery regulated under part V.
            ``(5) Plastic.--The term `plastic' means a material that 
        contains as an essential ingredient one or more organic 
        polymeric substances of large molecular weight, that is solid 
        in its finished state, and that at some stage in the 
        manufacture or processing into finished articles can be shaped 
        by flow.
            ``(6) SAE.--The term `SAE' means the Society of Automotive 
        Engineers.
    ``(b) Coding Requirements for Plastic Containers.--
            ``(1) Identification of plastic resign.--Effective 
        beginning on the date that is 1 year after the date of 
        enactment of this section, a plastic container manufactured in 
        or imported into the United States shall be encoded on or near 
        the bottom of the container to identify the principal plastic 
        resin used in the manufacture of the container in accordance 
        with paragraph (2) or (3).
            ``(2) Particular Resins.--In the case of a resin identified 
        in subparagraph (B), the code required under paragraph (1) 
        shall consist of all of the following:
                    ``(A) A symbol that is triangular in shape.
                    ``(B) A specific number within the symbol and a 
                series of letters immediately below the base of the 
                symbol identifying the principal type of plastic resin 
                from which the container was produced in accordance 
                with the following schedule:
                            ``(i) The number `1' and the letters `PETE' 
                        for polyethylene terephthalate.
                            ``(ii) The number `2' and the letters 
                        `HDPE' for high density polyethylene.
                            ``(iii) The number `3' and the letter `V' 
                        for vinyl.
                            ``(iv) The number `4' and the letters 
                        `LDPE' for low density polyethylene.
                            ``(v) The number `5' and the letters `PP' 
                        for polypropylene.
                            ``(vi) The number `6' and the letters `PS' 
                        for polystyrene.
                            ``(vii) The number `7' and the letters `PC' 
                        for polycarbonate.
            ``(3) Other resins.--In the case of a resin or multiple 
        resin that is not identified under paragraph (2)(B), including 
        a resin that is added or revised by the Administrator under 
        paragraph (4), the code required under paragraph (1) shall 
        consist of all of the following:
                    ``(A) A symbol that is triangular in shape.
                    ``(B) Immediately below the base of the symbol, the 
                letter or letters identifying the principal type of 
                plastic resin from which the container was produced as 
                provided in Table 1 or 2 of the American Society for 
                Testing and Materials' Standards for Generic Marking of 
                Plastic Products, ASTM D1972.
            ``(4) Revisions.--
                    ``(A) In general.--The Administrator, after 
                consultation with standard setting organizations such 
                as the ASTM, may, by rule, from time to time, add to or 
                otherwise revise the designation of a resin referred to 
                in paragraph (2)(B).
                    ``(B) Requirements.--Any such revision shall, as 
                appropriate--
                            ``(i) require any additional information 
                        that the Administrator considers appropriate to 
                        facilitate recycling of plastic resins;
                            ``(ii) prohibit the use of any single resin 
                        code established under paragraph (2)(B) or 
                        designated under paragraph (4)(A) on any 
                        plastic container, if any nonprincipal resin 
                        used in the manufacture of the container is 
                        incompatible with its recycling based on the 
                        single resin code for the principal resin;
                            ``(iii) adopt consensus codes developed 
                        under the auspices of ASTM, or, as appropriate, 
                        similarly recognized standards organizations, 
                        except in any case in which the Administrator 
                        determines that the codes are inconsistent with 
                        the purposes of this subsection; and
                            ``(iv) adopt codes that, to the maximum 
                        extent practicable, promote an internationally 
                        uniform and compatible system of plastic 
                        container coding.
            ``(5) Petitions.--
                    ``(A) In general.--Any person may petition the 
                Administrator to revise regulations issued under this 
                subsection either to--
                            ``(i) add to or otherwise revise the 
                        designation of a resin referred to in paragraph 
                        (2)(B), including a resin added or revised by 
                        the Administrator under paragraph (4); or
                            ``(ii) adopt internationally accepted 
                        consensus coding requirements.
                    ``(B) Explanation.--The Administrator shall, not 
                later than 90 days after receiving a petition under 
                this paragraph, publish an explanation of the proposed 
                response of the Administrator to the petition.
            ``(6) Savings clause.--Nothing in this subsection should be 
        construed--
                    ``(A) to require coding or to prohibit the sale of 
                any noncoded plastic container manufactured or imported 
                and placed in commerce, or held as inventory prior to 
                the effective date provided in paragraph (1); or
                    ``(B) to preclude any manufacturer of a plastic 
                container from including additional information on the 
                container relevant to the identification of resins or 
                additives used in the manufacture of the container if 
                the information is not inconsistent with the 
                requirements of this subsection.
    ``(c) Coding Requirements for Plastic Products.--
            ``(1) Regulations.--
                    ``(A) Proposed regulations.--Not later than the end 
                of the 9-month period beginning on the date of 
                enactment of this section, and after consulting with 
                the ASTM, SAE, ISO, and, as appropriate, other 
                similarly recognized standards organizations, the 
                Administrator shall propose regulations requiring 
                manufacturers of plastic products manufactured or 
                offered for sale in the United States to encode the 
                products to identify the principal plastic resins used 
                in their manufacture.
                    ``(B) Final regulations.--Final regulations 
                requiring the encoding shall be promulgated, after 
                notice and opportunity for public comment, not later 
                than 18 months after such date of enactment.
                    ``(C) Effective date.--The effective date for the 
                requirement to encode plastic products shall be 4 years 
                after the date final regulations under this paragraph 
                are promulgated, except that the Administrator may 
                encourage earlier compliance where practical and 
                without a cost penalty to the manufacturers.
            ``(2) Limitations.--Regulations required under paragraph 
        (1) shall adopt codes--
                    ``(A) that have been developed under the auspices 
                of the ASTM, SAE, ISO, and, as appropriate, other 
                similarly recognized standards organizations, except in 
                any case in which the Administrator determines that the 
                codes are inconsistent with the purposes of this 
                subsection; and
                    ``(B) that, to the maximum extent practicable, 
                promote an internationally uniform and compatible 
                system of plastic product coding.
            ``(3) Applicability.--The regulations required under 
        paragraph (1) shall not apply to a manufacturer with respect to 
        a plastic product produced in a quantity of less than 1,000 per 
        year by the manufacturer and that has an expected useful life 
        of 15 years or more.
            ``(4) Revisions.--
                    ``(A) In general.--The Administrator shall revise 
                regulations issued under this subsection, as necessary 
                and on a timely basis, to keep domestic plastic product 
                recycling codes consistent, to the maximum extent 
                practicable, with internationally accepted consensus 
                coding requirements.
                    ``(B) Standards organizations.--The revisions shall 
                be made after consultation with the Secretary of 
                Commerce, ASTM, SAE, ISO, and, as appropriate, other 
                similarly recognized standards organizations and shall 
                adopt codes developed under the auspices of the 
                organizations, except in a case in which the 
                Administrator determines that the codes are 
                inconsistent with the purposes of this subsection.
                    ``(C) Petitions.--
                            ``(i) In general.--Any person may petition 
                        the Administrator to revise regulations 
                        established under this subsection to adopt 
                        internationally accepted industry consensus 
                        coding requirements.
                            ``(ii) Response.--Not later than 90 days 
                        after receiving any such petition, the 
                        Administrator shall publish an explanation of 
                        the proposed response of the Administrator to 
                        the petition.
            ``(5) Savings clause.--Nothing in this subsection shall be 
        interpreted to--
                    ``(A) require coding of standing inventory 
                manufactured prior to the effective date of the 
                regulations, or parts or replacement parts made after 
                the effective date of the regulations, if the parts or 
                replacement parts are made (i) with tooling, and (ii) 
                for products, both of which were manufactured prior to 
                the effective date of the regulations; or
                    ``(B) preclude any manufacturer of plastic products 
                from including additional information on the products 
                relevant to the identification of resins or additives 
                used in their manufacture, if the information is not 
                inconsistent with the requirements of this subsection.
    ``(d) Uniformity.--No State or political subdivision of a State may 
enforce any requirement of a State or local law applicable to the 
coding of any plastic container or plastic product unless the 
requirement is identical to the provisions of this section and 
regulations issued under this section.
    ``(e) Violations.--A violation of this section or a regulation 
issued under this section shall be determined on a per run basis, not 
on a per unit basis.''.

SEC. 4. AMENDMENTS TO TABLE OF CONTENTS.

    The table of contents in section 1001 of the Solid Waste Disposal 
Act (42 U.S.C. prec. 6901) is amended--
            (1) by striking the item relating to the heading of 
        subtitle F and inserting the following new heading:

        ``Subtitle F--Recycling and Federal Responsibilities'';

        and
            (2) by inserting after the item relating to section 6004 
        the following new items:

        ``Sec. 6005. White goods and automobile recycling.
        ``Sec. 6006. Recycling building codes.
        ``Sec. 6007. National centers for plastics recycling.
        ``Sec. 6008. Plastics recycling codes.''.

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S 938 IS----2