[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 445 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 445

 To amend the Solid Waste Disposal Act to encourage recycling of waste 
   tires and to abate tire dumps and tire stockpiles, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 14, 1997

 Mr. Chafee (for himself and Mr. Dodd) 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 encourage recycling of waste 
   tires and to abate tire dumps and tire stockpiles, 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 ``Waste Tire Recycling, Abatement, and 
Disposal Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States generates approximately 250,000,000 
        waste tires each year with over 3,000,000,000 waste tires 
        stored or dumped in aboveground piles across the United States;
            (2) current waste tire collection and disposal practices 
        present a substantial threat to human health and the 
        environment;
            (3) waste tire piles are a breeding habitat for disease-
        carrying mosquitoes, rodents, and other pests and may be 
        ignited causing potentially catastrophic fires;
            (4) there are substantial opportunities for recycling and 
        reuse of waste tires and tire-derived products, including tire 
        retreading, asphalt pavement containing recycled rubber, rubber 
        products, and fuel;
            (5) although several States have established waste tire 
        recycling programs and disposal requirements to protect human 
        health and the environment, the efforts of individual States 
        are often frustrated by the lack of comparable programs in 
        neighboring States; and
            (6) additional financial resources are necessary to 
        encourage waste tire recycling and proper disposal and the 
        abatement of existing waste tire dumps.

SEC. 3. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL.

    Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) 
is amended by adding at the end the following:

``SEC. 4011. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to encourage waste tire recycling;
            ``(2) to prevent disease and fires that may be associated 
        with waste tire dumps and waste tire stockpiles;
            ``(3) to ensure that--
                    ``(A) all waste tire dumps in the United States are 
                closed and abated not later than 4 years after the date 
                of enactment of this Act; and
                    ``(B) all waste tire stockpiles are abated by not 
                later than December 31, 2005; and
            ``(4) to otherwise regulate commerce in waste tires to 
        protect human health and the environment.
    ``(b) Definitions.--In this section:
            ``(1) Abate and abatement.--The terms `abate' and 
        `abatement' mean--
                    ``(A) to remove waste tires from a waste tire dump 
                or waste tire stockpile by processing or properly 
                disposing of the tires on an enforceable schedule 
                ensuring compliance with the prohibitions of subsection 
                (c); or
                    ``(B) action taken pursuant to subsection (i) or 
                equivalent authority under a State program to process 
                or properly dispose of waste tires.
            ``(2) Asphalt pavement containing recycled rubber.--The 
        term `asphalt pavement containing recycled rubber' has the 
        meaning given the term in section 1038(e) of the Intermodal 
        Surface Transportation Efficiency Act of 1991 (23 U.S.C. 109 
        note; 105 Stat. 1990).
            ``(3) Collection site.--The term `collection site' means a 
        facility, installation, building, or site (including all of the 
        contiguous area under the control of a person or persons 
        controlled by the same person) used for the storage or disposal 
        of more than 400 waste tires but not including shredded tire 
        material that has been properly disposed.
            ``(4) Marine or agricultural purpose.--The term `marine or 
        agricultural purpose' means the use of waste tires--
                    ``(A) as bumpers on vessels or agricultural 
                equipment;
                    ``(B) as a ballast to maintain covers or structures 
                on an agricultural site; or
                    ``(C) for other marine or agricultural purposes 
                specified by rule by the Administrator.
            ``(5) Process.--The term `process' means to produce or 
        manufacture usable materials (including fuels) with real 
        economic value from waste tires.
            ``(6) Properly disposed.--The term `properly disposed' 
        means the placement of shredded tire material as a solid waste 
        into a landfill meeting the revised criteria established 
        pursuant to section 4010(c).
            ``(7) Recycle.--The term `recycle' means to process waste 
        tires to produce usable materials other than fuels.
            ``(8) Shredded tire material.--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.
            ``(9) Tire.--The term `tire' means any pneumatic or solid 
        tire, including a tire manufactured for use on any type of 
        motor vehicle, construction or other off-road equipment, 
        aircraft, or industrial machinery.
            ``(10) Tire collector.--The term `tire collector' means a 
        person that owns or operates a collection site.
            ``(11) Tire dump.--The term `tire dump' means a tire 
        collection site without a collector or processor permit that is 
        maintained, operated, used, or allowed to be used for the 
        disposal, storing, or depositing of waste tires.
            ``(12) Tire hauler.--The term `tire hauler' means a person 
        engaged in picking up or transporting waste tires to a storage 
        or disposal facility.
            ``(13) Tire processor.--The term `tire processor' means a 
        person that processes waste tires to produce or manufacture 
        usable materials or to recover energy.
            ``(14) Tire stockpile.--The term `tire stockpile' means a 
        waste tire collection site operating pursuant to a permit 
        issued by the Administrator or by a State with a program 
        approved under subsection (f) at which shredded tire material 
        from 50 or more waste tires is stored for future processing or 
        disposal.
            ``(15) Waste tire.--The term `waste tire' means a tire that 
        is no longer suitable for its original intended purpose because 
        of wear, damage, or defect and includes shredded tire material.
            ``(16) Waste tire recycling, abatement, and disposal trust 
        fund.--The term `Waste Tire Recycling, Abatement, and Disposal 
        Trust Fund' means the Waste Tire Recycling, Abatement, and 
        Disposal Trust Fund established under section 9512 of the 
        Internal Revenue Code of 1986.
    ``(c) Prohibitions.--
            ``(1) Disposal of whole waste tires on land or in 
        landfills.--
                    ``(A) In general.--Effective beginning 1 year after 
                the date of enactment of this section, it shall be 
                unlawful to dispose of a waste tire (other than 
                shredded tire material) on land or in a landfill.
                    ``(B) Modification of criteria.--Not later than 1 
                year after the date of enactment of this Act, the 
                Administrator shall modify the criteria established 
                pursuant to section 4010(c) to reflect the prohibition 
                established under subparagraph (A).
            ``(2) Receipt of waste tires at collection sites.--
        Effective beginning 1 year after the date of enactment of this 
        section, it shall be unlawful to receive any waste tire (not 
        including shredded tire material) at any collection site 
        unless, not later than 7 days after receipt, the waste tire is 
        processed, converted to shredded tire material, or transferred 
        to a business engaged in tire retreading.
            ``(3) Waste tire piles.--Effective beginning 1 year after 
        the date of enactment of this section, it shall be unlawful to 
        operate a collection site except in compliance with the 
        following conditions applicable to a waste tire pile:
                    ``(A) A waste tire pile shall be not more than 20 
                feet in height and, at the base, be not more than 50 
                feet in width and 200 feet in length.
                    ``(B) A separation of not less than 50 feet shall 
                be maintained between waste tire piles.
                    ``(C) A waste tire pile shall be not less than 200 
                feet from the perimeter of the property and not less 
                than 200 feet from any building.
                    ``(D) Until shredded, waste tires in a pile shall 
                be maintained to minimize mosquito breeding by cover or 
                chemical treatment.
                    ``(E) A waste tire pile shall be accessible to fire 
                fighting equipment and any approach road to the pile 
                shall be maintained in good condition.
                    ``(F) A waste tire pile exceeding 2,500 waste tires 
                shall be surrounded by a berm sufficient to contain any 
                liquid that may be discharged as the result of a fire 
                or fire fighting efforts.
                    ``(G) A waste tire pile exceeding 2,500 waste tires 
                shall be completely enclosed behind fencing.
                    ``(H) A tire collector maintaining a collection 
                site containing more than 2,500 waste tires shall 
                prepare and maintain an emergency plan to respond to 
                any fire or other event that may release pollutants or 
                contaminants from the site.
                    ``(I) Such other conditions as the Administrator 
                may by rule require to protect human health and the 
                environment, including compliance with National Fire 
                Prevention Association 231-D standard for storage of 
                rubber tires or similar fire prevention code to the 
                extent the code is consistent with this section.
            ``(4) Maximum number of waste tires stored.--Effective 
        beginning 4 years after the date of enactment of this section, 
        it shall be unlawful to store more than 1,500 waste tires for 
        more than 7 days at a collection site other than as shredded 
        tire material in waste tire stockpiles, except as provided 
        under subsection (d).
            ``(5) State programs.--Effective beginning 1 year after the 
        effective date of a State program approved or established by 
        the Administrator under this section, it shall be unlawful for 
        any person to engage in any of the following actions except in 
        compliance with a permit issued by the State under a program 
        approved under subsection (f) or by the Administrator:
                    ``(A) Transfer control over any waste tire for 
                transportation to a collection site to any person other 
                than a person operating under a permit as a tire 
                hauler.
                    ``(B) Operate or maintain any waste tire dump or 
                deliver to or receive a waste tire for storage or 
                disposal at a waste tire dump.
                    ``(C) Deliver a waste tire to, or receive a waste 
                tire at, any collection site that does not qualify as a 
                waste tire stockpile.
                    ``(D) Operate or maintain a waste tire stockpile or 
                deliver to or receive a waste tire for storage or 
                disposal at a waste tire stockpile.
            ``(6) Shredded tire material.--
                    ``(A) In general.--Beginning January 1, 2006, 
                subject to subparagraph (B), it shall be unlawful for 
                any person--
                            ``(i) to operate or maintain a waste tire 
                        stockpile containing shredded tire material 
                        from more than 2,500 waste tires; or
                            ``(ii) in the case of a tire processor, to 
                        operate or maintain a waste tire stockpile 
                        containing more than 30 days supply of shredded 
                        tire material to be used as a feedstock within 
                        the process.
                    ``(B) Disposal in monofill for later recovery.--
                Subparagraph (A) shall not prohibit the proper disposal 
                of shredded tire material in a monofill for later 
                recovery.
    ``(d) Exemptions.--
            ``(1) In general.--Subject to paragraph (2), the 
        Administrator may by regulation exempt any of the following 
        persons from any or all of the requirements of this section if 
        the exemption is consistent with this Act and no threat of an 
        adverse affect on human health or the environment will result 
        from the exemption:
                    ``(A) A tire retailer storing less than 2,500 waste 
                tires at any collection site where new tires are sold 
                or installed.
                    ``(B) A tire retreader storing less than 2,500 
                waste tires or a quantity of waste 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 that stores less than 2,500 waste tires at any 
                collection site where the removals occur.
                    ``(D) A solid waste disposal facility storing less 
                than 2,500 waste tires for future processing or 
                disposal that--
                            ``(i) are otherwise in compliance with the 
                        revised criteria promulgated pursuant to 
                        section 4010(c) pursuant to subsection 
                        (c)(1)(B); and
                            ``(ii) have already received a permit under 
                        a State solid waste program imposing conditions 
                        and requirements to protect human health and 
                        the environment that are comparable to the 
                        conditions and requirements imposed by this 
                        section.
                    ``(E) A person storing or using waste tires for a 
                marine or agricultural purpose if the waste tires are 
                used for the purpose not later than 180 days after the 
                date the tire is removed from use.
            ``(2) Alternative requirements.--The Administrator may--
                    ``(A) impose alternative requirements for an 
                exemption or partial exemption under paragraph (1), 
                including requirements for fire prevention and disease 
                control;
                    ``(B) include the requirements in the guidance 
                published under subsection (f)(2); and
                    ``(C) impose the requirements on a person described 
                in any of subparagraphs (A) through (D) of paragraph 
                (1) as a condition for the exemption or partial 
                exemption.
    ``(e) Notification of Administrator or State Agency.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, each tire hauler, tire collector, 
        and tire processor shall notify the Administrator, or the State 
        agency designated pursuant to this section, of--
                    ``(A) the name and business address of the tire 
                hauler, tire collector, or tire processor;
                    ``(B) the name and business address of the person 
                or persons owning any property on which a tire 
                collection site is located;
                    ``(C) the location and a physical description of 
                each collection site maintained by a tire collector;
                    ``(D) the name of the person to contact in the 
                event of an emergency involving waste tires located at 
                each collection site;
                    ``(E) an estimate of the number of waste tires that 
                are present at each collection site;
                    ``(F) an estimate by a tire collector or tire 
                processor of the average number of waste tires that are 
                received at each collection site maintained by the 
                collector or processor each month and the sources from 
                which waste tires are received;
                    ``(G) an estimate by a tire hauler of the average 
                number of waste tires that are delivered to each 
                collection site each month;
                    ``(H) a description of methods used at each 
                collection site to shred, process, recycle, or dispose 
                of waste tires;
                    ``(I) a description of the fire prevention and 
                disease control methods employed at each collection 
                site;
                    ``(J)(i) a certification signed by the owner or 
                operator of each collection site that provides an 
                assurance of compliance with paragraphs (2) and (3) of 
                subsection (c) by the applicable dates; or
                    ``(ii) if compliance with those paragraphs cannot 
                be certified, an assurance that the collection site 
                will be closed, and will be abated, not later than 1 
                year after the date of enactment of this section;
                    ``(K) a statement that demonstrates the financial 
                capacity of the tire collector, or the owner or 
                operator of each collection site, to abate waste tires 
                at the site and to respond to any fire or other event 
                that may result in the release of a pollutant or 
                contaminant from the site in an amount of not less than 
                $1.00 for each tire stored, deposited, or otherwise 
                located at the facility, other than a tire that has 
                been properly disposed of at the site; and
                    ``(L) such other information as the Administrator 
                may require.
            ``(2) Notification form.--
                    ``(A) Publication.--Not later than 90 days after 
                the date of enactment of this section, the 
                Administrator shall--
                            ``(i) publish a notification form or forms 
                        that will be used by tire haulers, tire 
                        collectors, and tire processors to comply with 
                        paragraph (1); and
                            ``(ii) designate the State agencies that 
                        will receive the form or forms.
                    ``(B) Paperwork reduction.--Development and 
                publication of the form shall not be subject to chapter 
                35 of title 44, United States Code.
                    ``(C) Cooperation with governors.--Designation of 
                State agencies to receive notification forms shall be 
                carried out in cooperation with the Governor of each 
                State.
    ``(f) State Programs.--
            ``(1) In general.--Beginning 1 year after the date of 
        enactment of this section, the Governor of a State may apply to 
        the Administrator to implement a waste tire recycling, 
        abatement, and disposal program under this subsection.
            ``(2) EPA guidance.--Not later than 1 year after the date 
        of enactment of this section, the Administrator shall publish 
        guidance establishing the minimum elements of a program to be 
        administered under this section by a State agency that include 
        the requirements of paragraphs (3), (4), and (5) and--
                    ``(A) adequate authority to ensure compliance with 
                and enforce the prohibitions established under 
                subsection (c) and each of the other requirements of 
                this Act applicable to a tire hauler, tire collector, 
                or tire processor;
                    ``(B) authority to abate any waste tire dump or 
                waste tire stockpile within the State that is 
                comparable to the authority granted the Administrator 
                under subsection (i) and a plan to ensure that the 
                dumps and stockpiles are abated by not later than the 
                dates applicable under subsection (c);
                    ``(C) a requirement that each tire hauler, tire 
                collector, or tire processor operate pursuant to a 
                permit issued by the State;
                    ``(D) adequate authority to ensure that the fees 
                imposed by paragraph (4) are collected by the State on 
                the sale of new tires and by tire haulers, tire 
                collectors, and tire processors on commerce in waste 
                tires;
                    ``(E) adequate personnel and funding to administer 
                the program; and
                    ``(F) such other requirements as the Administrator 
                may prescribe.
            ``(3) Permit requirements.--The guidance published pursuant 
        to paragraph (2) shall, with respect to a permit, provide, at a 
        minimum, for--
                    ``(A) a requirement that the State agency 
                administering the program and issuing a permit have 
                adequate authority to--
                            ``(i) issue a permit that applies to, and 
                        ensure compliance by, all persons required to 
                        have a permit under this section, with 
                        applicable standards, regulations, or 
                        requirements;
                            ``(ii) issue a permit for a fixed term of 
                        not to exceed 5 years;
                            ``(iii) ensure that a permit require 
                        compliance with the prohibitions of subsection 
                        (c);
                            ``(iv) terminate, modify, or revoke a 
                        permit for cause;
                            ``(v) enforce a permit and the requirement 
                        to obtain a permit (including authority to 
                        recover a civil penalty in a maximum amount of 
                        not less than $10,000 per day for each 
                        violation) and to seek appropriate criminal 
                        penalties; and
                            ``(vi) grant limited extensions of the term 
                        of a permit on a timely and complete 
                        application for renewal, pending final action 
                        on the renewal application by the State agency;
                    ``(B) a requirement that the permitting authority 
                establish and implement adequate procedures for 
                processing permit applications expeditiously, and for 
                public notice, including offering an opportunity for 
                public comment and a hearing, on any permit 
                application;
                    ``(C) a requirement that the State conduct an 
                inspection at each waste tire collection site before a 
                permit is issued to operate the site as a waste tire 
                stockpile;
                    ``(D) a requirement that all permit applications, 
                abatement plans, permits, and monitoring or compliance 
                reports shall be made available to the public;
                    ``(E) a requirement under State law that each 
                person subject to the requirement to obtain a permit 
                under the State program pay an annual fee, or the 
                equivalent over some other period, that is sufficient 
                to cover all reasonable costs of developing, 
                administering, and enforcing the State permit program;
                    ``(F) a requirement that--
                            ``(i) each permit issued to a tire 
                        collector or processor for the operation of a 
                        waste tire stockpile include a numerical 
                        limitation on the waste tires that can be 
                        stored, processed, or disposed at the site; and
                            ``(ii) the tire collector demonstrates 
                        financial responsibility for processing or 
                        abating all tires that may be accumulated up to 
                        the limit in the permit; and
                    ``(G) a requirement that each permit for a waste 
                tire stockpile contain a schedule for the abatement of 
                all waste tires managed, stored, disposed, or otherwise 
                deposited at the stockpile as expeditiously as 
                practicable but not later than December 31, 2005, and 
                containing annual incremental reductions in the 
                quantity of waste tires stored at the site providing 
                that 50 percent of the abatement shall be accomplished 
                by not later than December 31, 2002.
            ``(4) Fees on purchase and disposal.--
                    ``(A) In general.--The guidance published pursuant 
                to paragraph (2) shall with respect to fees provide, at 
                a minimum, for--
                            ``(i) a requirement that the State impose a 
                        fee of not less than 50 cents on the sale of 
                        each new tire until such time as all waste tire 
                        dumps and waste tire stockpiles in the State 
                        have been abated;
                            ``(ii) a requirement that a tipping fee of 
                        not less than $1 for each waste tire removed 
                        from a motor vehicle be paid by the owner or 
                        operator of the vehicle to the person or 
                        business removing the tire;
                            ``(iii) a requirement that any tire hauler 
                        collecting tires from any person (including a 
                        business that removes tires and collects the 
                        fee required by subparagraph (B) or any other 
                        person including a household or commercial 
                        disposal site) charge a fee of not less than $1 
                        for each waste tire collected; and
                            ``(iv) a requirement that any tire 
                        collector or tire processor receiving waste 
                        tires charge the tire hauler, or any other 
                        person depositing tires at the collection site 
                        or processing site owned by the tire collector 
                        or tire processor, a fee of not less than $1 
                        for each waste tire deposited at the site.
                    ``(B) Adjustment of fees.--
                            ``(i) In general.--The Administrator--
                                    ``(I) shall from time to time, but 
                                not less often than once every 3 years, 
                                review the fees required in State 
                                programs pursuant to clauses (ii), 
                                (iii), and (iv) of subparagraph (A); 
                                and
                                    ``(II) may adjust the amount of the 
                                fees to reflect the economics of tire 
                                processing and recycling.
                            ``(ii) Incorporation by states.--If the 
                        Administrator adjusts the amount of a fee to be 
                        collected pursuant to clause (ii), (iii), or 
                        (iv) of subparagraph (A), not later than 1 year 
                        after the Administrator makes the adjustment, 
                        each State with an approved waste tire 
                        recycling, abatement, and disposal program 
                        shall revise its program to incorporate the 
                        adjustment.
                    ``(C) Alternative fees.--A State may impose an 
                alternative fee to the fee required by subparagraph 
                (A)(i) (including a fee on a motor vehicle registration 
                or transfer) if the State demonstrates to the 
                Administrator that the alternative fee will provide 
                resources sufficient to ensure abatement of all waste 
                tire dumps and waste tire stockpiles in the State by 
                not later than the dates required under subsection (c).
            ``(5) Uses of state revenue.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                guidance published pursuant to paragraph (2) shall 
                require that any revenues received by a State from the 
                fee required by subparagraph (A)(i) or (C) of paragraph 
                (4) be placed into a special fund and that 
                appropriations from the fund be used only to--
                            ``(i) abate waste tire dumps and waste tire 
                        stockpiles;
                            ``(ii) make grants or loans, or enter into 
                        cooperative agreements with tire processors, to 
                        support recycling of waste tires;
                            ``(iii) offset any additional cost 
                        associated with the procurement of asphalt 
                        pavement containing recycled rubber used in 
                        road construction by the State or a local 
                        government entity or in the procurement of 
                        other products made from recycled tires; or
                            ``(iv) operate or provide grants to 
                        facilities that ensure compliance with the 
                        prohibitions of subsection (c) and the proper 
                        disposal of waste tires.
                    ``(B) Administrative expenses.--Not more than 15 
                percent of the funds collected pursuant to subparagraph 
                (A)(i) or (C) of paragraph (4) shall be used for 
                administrative expenses of the State program.
            ``(6) Applications.--
                    ``(A) In general.--Each State shall include in its 
                program submission to the Administrator under this 
                subsection a summary that includes--
                            ``(i) the information collected pursuant to 
                        the notifications required by subsection (e); 
                        and
                            ``(ii) to the maximum extent practicable, 
                        information on orphan tire collection sites for 
                        which no owner or operator submitted a 
                        notification form.
                    ``(C) Report.--Not later than 3 years after the 
                date of enactment of this section, the Administrator 
                shall transmit to Congress a report on waste tire 
                generation, management, collection, storage, recycling, 
                and disposal based on the information included in State 
                applications.
            ``(7) Approval or disapproval of state programs.--
                    ``(A) In general.--A State program submitted under 
                this section shall be deemed approved, unless 
                disapproved by the Administrator.
                    ``(B) Grounds for disapproval.--The Administrator 
                shall disapprove any program submitted by a State, if 
                the Administrator determines that--
                            ``(i) the authorities contained in the 
                        program are not adequate to ensure compliance 
                        by tire haulers, tire collectors, and tire 
                        processors within the State with the 
                        requirements of this section;
                            ``(ii) adequate authority does not exist, 
                        or adequate resources are not available, to 
                        implement the program;
                            ``(iii) the program does not provide 
                        adequate assurance that all waste tire dumps 
                        and waste tire stockpiles will be abated by the 
                        dates required under subsection (c); or
                            ``(iv) the program is not otherwise in 
                        compliance with the guidance issued by the 
                        Administrator under paragraph (2) or is not 
                        likely to satisfy, in whole or in part, the 
                        purposes of this section.
                    ``(C) Necessary revisions or modifications.--If the 
                Administrator disapproves a State program, the 
                Administrator shall notify the State of any revision or 
                modification that is necessary to obtain approval.
                    ``(D) Resubmission.--The State may revise and 
                resubmit the program for review and approval pursuant 
                to this subsection.
                    ``(E) Noncompliance.--
                            ``(i) In general.--If the Administrator 
                        determines that a State is not administering a 
                        program in accordance with the guidance 
                        published under paragraph (2) or the 
                        requirements of this section, the Administrator 
                        shall--
                                    ``(I) notify the State of the 
                                determination (including the reasons 
                                for the determination); and
                                    ``(II) if action that will ensure 
                                prompt compliance is not taken within 
                                180 days after notification, disapprove 
                                the program.
                            ``(ii) Notification required before 
                        disapproval.--The Administrator shall not 
                        disapprove any program under this subparagraph 
unless the Administrator has notified the State of the disapproval 
(including the reasons for the disapproval) and made the disapproval 
(and reasons) public.
                            ``(iii) Federal program.--At the time of 
                        disapproving a State program under this 
                        subparagraph, the Administrator shall establish 
                        a Federal program applicable in the State 
                        pursuant to subsection (h).
            ``(8) Enforcement.--This subsection shall not prevent the 
        Administrator from enforcing any requirement of this section.
            ``(9) Grants and technical assistance.--
                    ``(A) Grants.--The Administrator may make a grant 
                to a State from the Waste Tire Recycling, Abatement, 
                and Disposal Trust Fund to develop and implement a 
                waste tire recycling, abatement, and disposal program 
                under this section.
                    ``(B) Assistance.--The Administrator may provide 
                assistance to a State or local government agency, or to 
                other persons on a cost recovery basis, with respect to 
                techniques for waste tire recycling, processing, and 
                abatement.
    ``(g) State Authority.--Nothing in this section shall prevent a 
State or political subdivision from imposing an additional or more 
stringent requirement on--
            ``(1) a tire hauler, tire collector, or tire processor;
            ``(2) the management, storage, processing, recycling, 
        abatement, or disposal of waste tires; or
            ``(3) a waste tire collection site.
    ``(h) Federal Program.--
            ``(1) In general.--If a State has not submitted a waste 
        tire recycling, abatement, and disposal program or is not 
        adequately administering and enforcing such a program in 
        accordance with this section, the Administrator shall 
        establish, administer, and enforce a waste tire recycling, 
        abatement, and disposal program for the State to ensure 
        compliance with this section.
            ``(2) Date of establishment.--
                    ``(A) No state program.--If a State has not 
                submitted a waste tire recycling, abatement, and 
                disposal program by the date that is 3 years after the 
                date of enactment of this section, the Administrator 
                shall establish a program under paragraph (1) on that 
                date.
                    ``(B) Withdrawn approval.--The Administrator shall 
                establish a program under paragraph (1) for a State for 
                which approval is withdrawn under subsection (f)(7) on 
                the date of disapproval.
            ``(3) Permits and fees.--
                    ``(A) In general.--The Administrator may issue a 
                permit or collect a fee in lieu of a State pursuant to 
                paragraphs (3) and (4) of subsection (f).
                    ``(B) Use of funds.--Any amounts collected by the 
                Administrator under subparagraph (A) shall be placed in 
                the Waste Tire Recycling, Abatement, and Disposal Trust 
                Fund for use under subsection (k).
    ``(i) Abatement and Response Authorities.--
            ``(1) In general.--To ensure compliance with subsection 
        (c), the Administrator may--
                    ``(A) order the owner or operator of a waste tire 
                dump, waste tire stockpile, or other collection site or 
                any person that has transported waste tires to a waste 
                tire dump, waste tire stockpile, or other collection 
site to abate the dump, stockpile, or site, including issuing an 
enforceable schedule for removal of waste tires from the dump, 
stockpile, or site; and
                    ``(B) undertake action to abate a tire collection 
                site using funds from the Waste Tire Recycling, 
                Abatement, and Disposal Trust Fund.
            ``(2) Civil action.--The Administrator may bring an action 
        on behalf of the United States in the appropriate district 
        court against the owner or operator of a waste tire dump, waste 
        tire stockpile, or waste tire collection site or any other 
        person that has transported waste tires to a waste tire dump, 
        waste tire stockpile, or waste tire collection site to 
        immediately restrain the person from operating, maintaining, or 
        depositing waste tires at the dump, stockpile, or site or to 
        take such other action as is necessary to protect human health 
        or the environment.
            ``(3) Additional action.--If bringing an action under 
        paragraph (2) is not sufficient to ensure prompt protection of 
        human health or the environment, the Administrator may issue 
        such orders as are necessary to protect human health and the 
        environment.
            ``(4) Notification.--Prior to taking any action under this 
        subsection, the Administrator shall notify the appropriate 
        State and local governments of the action proposed to be taken.
            ``(5) Violations.--Any person that, without sufficient 
        cause, willfully violates, or fails or refuses to comply with, 
        an order of the Administrator under paragraph (3) may, in an 
        action brought in the appropriate United States district court 
        to enforce the order, be fined not more than $25,000 for each 
        day during which the violation occurs or the failure to comply 
        continues.
            ``(6) Liability for abatement costs.--
                    ``(A) In general.--If the Administrator takes an 
                abatement action under paragraph (1) for a waste tire 
                collection site, the owner or operator of the site or 
                any other person that has transported tires to the site 
                shall be liable to the Administrator in the appropriate 
                United States district court for all reasonable costs 
                incurred in the abatement.
                    ``(B) Use of funds.--Any funds recovered under 
                subparagraph (A) shall be deposited in the Waste Tire 
                Recycling, Abatement, and Disposal Trust Fund.
    ``(j) Public Lands.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this section, after notice and opportunity for 
        public comment, the Secretary of the Interior, the 
        Administrator of the General Services Administration, and the 
        head of each other Federal department, agency, or 
        instrumentality that owns land on which a tire collection site 
        is located shall, in consultation with the Administrator of the 
        Environmental Protection Agency, prepare and commence to 
        implement a plan to abate waste tire dumps and waste tire 
        stockpiles that are located on land owned by the United States.
            ``(2) Time limit.--A plan under paragraph (1) shall ensure 
        that any waste tires in waste tire dumps and waste tire 
        stockpiles shall be properly disposed, recycled, or transferred 
        to the operators of tire processing facilities as expeditiously 
        as practicable and not later than December 31, 2002.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary of the Interior, the 
        Administrator of the General Services Administration, and the 
        head of each other Federal department, agency, or 
        instrumentality that owns land on which a tire collection site 
        is located from the Waste Tire, Recycling, Abatement, and 
        Disposal Trust Fund such sums as are necessary to carry out 
        this subsection.
    ``(k) Use of Trust Fund Appropriations.--
            ``(1) State grants.--The Administrator may make a grant to 
        a State to develop and implement a State program under 
        subsection (f) and to carry out this section.
            ``(2) Shredding capacity.--
                    ``(A) In general.--In making a grant under 
                paragraph (1), the Administrator shall give highest 
                priority to ensuring that adequate capacity is 
                available to convert any waste tires newly removed from 
                motor vehicles to shredded tire material beginning not 
                later than 1 year after the date of enactment of this 
                section.
                    ``(B) Emergency grants.--The Administrator may make 
                an emergency grant to a State, using the borrowing 
                authority of the Waste Tire Recycling, Abatement, and 
                Disposal Trust Fund, to ensure the shredding capacity 
                described in subparagraph (A).
            ``(3) Abatement on public lands.--The Secretary of the 
        Treasury may transfer, subject to appropriations, amounts from 
        the Waste Tire Recycling, Abatement, and Disposal Trust Fund to 
        the Secretary of the Interior, the Administrator of the General 
        Services Administration, or the head of any other Federal 
        department, agency, or instrumentality that owns land on which 
        a waste tire collection site is located to abate the collection 
        site.
            ``(4) Federal procurement.--The Secretary of the Treasury 
        may transfer, subject to appropriations, amounts from the Waste 
        Tire Recycling, Abatement, and Disposal Trust Fund to the 
        Secretary of Transportation or to the head of any other Federal 
        department, agency, or instrumentality engaged in road building 
        to offset any additional cost associated with the procurement 
        of asphalt pavement containing recycled rubber for road 
        construction, surfacing, or resurfacing.
            ``(5) Federal programs and abatement actions.--There is 
        authorized to be appropriated from the Waste Tire Recycling, 
        Abatement, and Disposal Trust Fund to the Administrator such 
        funds as are necessary to--
                    ``(A) implement and enforce any Federal program 
                established under subsection (h); and
                    ``(B) take any abatement action pursuant to 
                subsection (i).
            ``(6) Research.--
                    ``(A) Grants and contracts.--The Administrator may 
                use funds appropriated from the Waste Tire Recycling, 
                Abatement, and Disposal Trust Fund to make a grant or 
                enter into a contract or cooperative agreement with a 
                person to conduct research and development on--
                            ``(i) waste tire processing and recycling 
                        technologies; or
                            ``(ii) the use, performance, and 
                        marketability of products made from crumb 
                        rubber or other materials produced from waste 
                        tire processing.
                    ``(B) Research program.--
                            ``(i) In general.--The Administrator, in 
                        cooperation with the Secretary of 
                        Transportation, shall conduct a program of 
                        research to determine--
                                    ``(I) the public health and 
                                environmental risks associated with the 
                                production and use of asphalt pavement 
                                containing recycled rubber;
                                    ``(II) the performance of asphalt 
                                pavement containing recycled rubber 
                                under various climate and use 
                                conditions; and
                                    ``(III) the degree to which asphalt 
                                pavement containing recycled rubber can 
                                be recycled.
                            ``(ii) Date of completion.--The 
                        Administrator shall complete the research 
                        program under clause (i) not later than 3 years 
                        after the date of enactment of this section.
            ``(7) Authorization of appropriations.--There is authorized 
        to be appropriated from the Waste Tire Recycling, Abatement, 
        and Disposal Trust Fund such sums as are necessary to carry out 
        this subsection.
    ``(l) Enforcement.--
            ``(1) Compliance orders.--
                    ``(A) Issuance.--
                            ``(i) In general.--If (on the basis of any 
                        information) the Administrator determines that 
                        a person has violated, or is in violation of, 
any requirement or prohibition in effect under this section (including 
any requirement or prohibition in effect under regulations promulgated 
to carry out this section), the Administrator may--
                                    ``(I) issue an order assessing a 
                                civil penalty for any past or current 
                                violation, or requiring compliance 
                                immediately or within a specified time 
                                period, or both; or
                                    ``(II) 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.
                            ``(ii) Nature of violation.--Any order 
                        issued pursuant to clause (i)(I) shall state 
                        with reasonable specificity the nature of the 
                        violation.
                    ``(B) Penalties.--
                            ``(i) In general.--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 section.
                            ``(ii) Factors.--In assessing the penalty, 
                        the Administrator shall take into account the 
                        seriousness of the violation and any good faith 
                        efforts to comply with applicable requirements.
                    ``(C) Public hearings.--
                            ``(i) In general.--Any order issued under 
                        this paragraph shall become final unless, not 
                        later than 30 days after the issuance of the 
                        order, the persons named in the order request a 
                        public hearing.
                            ``(ii) Hearing required.--On receipt of the 
                        request, the Administrator shall promptly 
                        conduct a public hearing.
                            ``(iii) Administration.--In connection with 
                        any proceeding under this paragraph, the 
                        Administrator may issue subpoenas for the 
                        production of relevant papers, books, and 
                        documents, and may promulgate rules for 
                        discovery.
                    ``(D) Noncompliance.--In the case of a final order 
                under this paragraph requiring compliance with any 
                requirement of this section (including a regulation), 
                if a violator, without sufficient cause, fails to take 
                corrective action within the time specified in the 
                order, the Administrator may assess a civil penalty of 
                not more than $25,000 for each day of continued 
                noncompliance with the order.
            ``(2) Criminal penalties.--
                    ``(A) In general.--Any person that--
                            ``(i) knowingly violates the requirements 
                        of this section (including a regulation); or
                            ``(ii) 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 section 
                        (including a regulation);
                shall, on conviction, be subject to a fine of not more 
                than $50,000 for each day of violation or imprisonment 
                for not to exceed 2 years, or both.
                    ``(B) Repeat offenses.--If the conviction is for a 
                violation committed after a first conviction of the 
                person under this paragraph, the maximum punishment 
                shall be doubled with respect to both the fine and 
                imprisonment.
            ``(3) Civil penalties.--
                    ``(A) In general.--Any person that violates any 
                requirement of this section (including a regulation) 
                shall be liable to the United States for a civil 
                penalty in an amount not to exceed $25,000 for each 
                such violation.
                    ``(B) Separate violations.--For purposes of 
                subparagraph (A), each day of the violation shall 
                constitute a separate violation.''.

SEC. 4. ADDITIONAL PROCUREMENT GUIDELINES.

    Section 6002(e) of the Solid Waste Disposal Act (42 U.S.C. 6963(e)) 
is amended by inserting after ``October 1, 1985.'' the following: ``Not 
later than December 31, 1999, the Administrator shall prepare final 
guidelines for rubber products (including asphalt pavement) containing 
crumb rubber derived by processing waste tires.''.

SEC. 5. CONFORMING AMENDMENT.

    The table of contents in section 1001 of the Solid Waste Disposal 
Act (42 U.S.C. 6901) is amended by adding at the end of the items 
relating to subtitle D the following:

``Sec. 4011. Waste tire recycling, abatement, and disposal.''.
                                 <all>