over the past year to try and find and/or develop some consensus on these issues. I am disappointed that many of the parties are as polarized now as they were before our process began. This, coupled with the continued refusal of the administration to engage to participate-in the legislative process makes our job extremely difficult. We on the subcommittee, however, are prepared to accept that challenge-as difficult as it may be because the solid waste crisis confronting our municipalities is not going to go away. In my judgment, H.R. 3865 represents an important beginning as we explore uncharted waters, particularly in the area of recycling. It became apparent during my recent visit to Western Europe that while the governments there have taken some bold steps, they are not really certain as to where those measures will take them. It is not my intention to pass RCRA legislation which represents the final word on recycling. Rather, I want to establish beachheads from which there can be no turning back. I do not agree with those on both sides of this debate who say doing nothing until we know exactly what we want to do or until we can produce the perfect bill. This is unrealistic and ignores the problems facing our local governments. Therefore, I would urge all interested parties to work in a spirit of cooperation and compromise over the next few weeks in an effort to develop rational and workable solid waste policies. As you are all aware, H.R. 3865 does not include provisions on used oil, industrial waste, mining waste, and oil and gas waste. The calendar forced us to abandon our plans to formally circulate draft proposals on these issues in the same manner as we did for the municipal solid waste issues. However, we have not abandoned our plans to address these subjects. Draft language on used oil and nonhazardous industrial waste is being circulated, and mining waste language will be released shortly. In addition, negotiations on oil and gas wastes are continuing. It is still our intention to include these provisions in our RCRA reauthorization bill. As most in this room know, we will mark up the RCRA legislation the week of March 23. We look forward to working with our witnesses and others here who are following this legislation. I would like to say that the greatest enemy this subcommittee has had all along with this whole process is the time, and today it is particularly severe. We have to be finished by 2 o'clock, and we have 27 witnesses. I am going to therefore have to, with some reluctance, be fairly brutal in enforcing the 5 minute rule on witnesses and on members of the subcommittee in terms of the questioning period. With that in mind, and acknowledging that we will recognize the ranking member for an opening statement, and other members, as they arrive, I am happy to go to the first panel, which is members. of Congress. I would like to begin with a member of the full Committee on Energy and Commerce, Mr. Peter Kostmayer. Let me ask unanimous consent, while there's nobody here to object, that all official statements of all of the witnesses today be included as part of the record. Without objection, so ordered. Mr. Kostmayer, you may proceed. [Testimony resumes on p. 172.] 102D CONGRESS 1ST SESSION H. R. 3865 To amend the Solid Waste Disposal Act to authorize appropriations for fiscal years 1993 through 1998, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 22, 1991 Mr. SWIFT introduced the following bill; which was referred to the Committee on Energy and Commerce I A BILL To amend the Solid Waste Disposal Act to authorize appropriations for fiscal years 1993 through 1998, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 4 (a) SHORT TITLE.-This Act may be cited as the 5 "National Waste Reduction, Recycling, and Management 6 Act". 7 (b) TABLE OF CONTENTS.-The table of contents for 8 this Act is as follows: Table of Contents Sec. 1. Short title and table of contents. 2 Sec. 3. Authorization. TITLE I-STATE SOLID WASTE MANAGEMENT Sec. 101. Federal guidelines for plans. Sec. 102. Minimum requirements for State plans. Sec. 103. Submission, approval, and implementation of State plans. Sec. 105. Scrap tire management and recovery. Sec. 106. Interstate transportation of municipal solid waste. TITLE II-FEDERAL SOLID WASTE MANAGEMENT Sec. 201. General requirements for solid waste management regulations. Sec. 203. Solid waste storage requirements. Sec. 204. Scrap tire management and recovery regulations. Sec. 205. Composting regulations. Sec. 206. Permits for management of municipal solid waste. Sec. 207. Reorganization of subtitle D. TITLE III-RECYCLING Sec. 301. Content and recovery requirements. Sec. 303. Batteries. Sec. 304. Federal procurement of recycled goods. Sec. 305. Duties of the Secretary of Commerce. · TITLE IV—UNDERGROUND STORAGE TANKS Sec. 401. Financial assistance for technical requirements. TITLE V-OTHER PROVISIONS Sec. 501. Environmental marketing claims. Sec. 502. Plastics recycling codes. Sec. 503. Technical assistance. Sec. 504. Retention of State authority. Sec. 505. Definitions. Sec. 506. Enforcement provisions. Sec. 507. Authority to grant State status to Indian tribes for enforcement of Solid Waste Disposal Act. 1 SEC. 2. AMENDMENTS TO SOLID WASTE DISPOSAL ACT. 2 Except as otherwise specifically provided, whenever in 3 this Act a section or other provision is amended or re4 pealed, such amendment or repeal shall be considered to 5 be made to that section or other provision of the Solid 6 Waste Disposal Act (42 U.S.C. 6901 et seq.). 1 SEC. 3. AUTHORIZATION. 2 3 Subsection (a) of section 2007 is amended to read 3 as follows: 4 "SEC. 2007. (a) GENERAL ADMINISTRATION.-There 5 are authorized to be appropriated to the Administrator 6 such sums as may be necessary for each of fiscal years 7 1993 through 1998 for the purpose of carrying out the 8 provisions of this Act.". 9 10 TITLE I-STATE SOLID WASTE MANAGEMENT 11 SEC. 101. FEDERAL GUIDELINES FOR PLANS. 12 13 14 15 16 17 18 19 20 21 22 23 24 (a) DEADLINE.-(1) Section 4002(b) is amended(A) by striking out "eighteen months after the date of enactment of this section and after notice and hearing" and inserting in lieu thereof "6 months after the date of enactment of the National Waste Reduction, Recycling, and Management Act"; (B) by striking out "promulgate regulations containing" and inserting in lieu thereof "publish"; and (C) in subsection (b), by inserting after "section 4001" in the second sentence the following: "and the requirements of section 4003". (2) Section 4002 (c) is amended by striking out "pro 25 mulgated" and inserting in lieu thereof "published". 4 1 (b) ADDITIONAL REQUIREMENTS.-Section 4002 is 2 further amended by adding at the end the following new 3 subsection: 4 "(d) ADDITIONAL REQUIREMENTS FOR STATE PLAN 5 GUIDELINES.-(1) The guidelines published under sub6 section (b) shall include a standard methodology for States 7 to measure (A) the amounts and types of waste (by 8 weight, British thermal units, or volume, as appropriate) 9 generated or transported into a State, for purposes of car10 rying out the waste inventory under section 4003(a)(3); 11 and (B) the waste management capacity, stated in term 12 of amounts and types of waste, of recycling facilities, com13 bustors, and landfills, for purposes of carrying out the ca14 pacity estimated under section 4003 (a)(1). The guidelines 15 shall include a list of categories and subcategories of the 16 types of waste to be measured. Such list shall contain at 17 least the following categories of waste: paper, glass, met18 als, plastics, rubber, yard waste, wood, and household haz19 ardous waste. The Administrator shall add such other cat20 egories and subcategories of waste as he considers appro21 priate. 22 "(2) The guidelines also shall include a standard 23 methodology for measuring the cost of a waste manage24 ment system over the lifetime of the system (hereinafter 25 in this section referred to as 'life-cycle cost'). In developing |