Recyclable Materials Technology and Markets Development Act

Recyclable Materials Technology and Markets Development Act - Directs the Secretary of Commerce to: (1) conduct a study of markets for postconsumer materials (defined as materials that have served their intended end-use by an entity other than an industrial establishment); and (2) establish an Office of Recycling Research and Information in the Department of Commerce.

Requires the Director of Recycling Research and Information to: (1) make grants for studies and scientific research relating to recycling of postconsumer materials; and (2) conduct a public outreach program to provide information to secondary school students, State and local governments, and the general public.

Requires each manufacturer of a recyclable product to recycle, or provide for the recycling of, increasing minimum percentages of the products manufactured during specified years. Directs the Secretary to designate a product as recyclable if it may feasibly be recycled, as determined by the Secretary. Prohibits manufacturing a product for which the prescribed recycling rate was not met for the preceding year. Provides for civil fines for violating the prohibition.

Prohibits manufacturing a nonrecyclable product if a recyclable substitute is readily available. Directs the Secretary to designate a product as nonrecyclable if it is not technically or economically feasible to be recycled. Authorizes the Secretary to require nonrecyclable products to be so labeled. Provides for civil fines for violating the prohibition.

Provides for recycling seals of approval for recyclable products and for products containing a certain percentage of recycled postconsumer materials.

 
HR 300 SC
102d CONGRESS
1st Session
 H. R. 300
To encourage recycling and composting by promoting the creation of markets
for postconsumer materials, by establishing a grant program for recycling
research, by requiring a public outreach program to provide information
about recycling, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 3, 1991
Mr. HOCHBRUECKNER (for himself, Mr. ANNUNZIO, Mr. ATKINS, Mr. AUCOIN,
Mr. BEILENSON, Mr. BILBRAY, Mrs. BOXER, Mr. BRYANT, Mr. CARPER, Mr. DEFAZIO,
Mr. DELLUMS, Mr. DOWNEY, Mr. EVANS, Mr. FAWELL, Mr. GALLO, Mr. GEJDENSON,
Mr. GILMAN, Mr. GORDON, Mr. HORTON, Mr. HYDE, Mr. JONTZ, Mr. MCNULTY,
Mr. MACHTLEY, Mr. MOODY, Mrs. MORELLA, Mr. NEAL of North Carolina, Mr. OWENS
of New York, Mr. RAVENEL, Mr. ROYBAL, Mr. SABO, Mr. SAXTON, Mr. SCHUMER,
Mr. SENSENBRENNER, Mr. SHAYS, Mr. SLATTERY, Mr. SOLARZ, Mr. STOKES, Mr. TORRES,
Mr. TRAFICANT, Mr. HUGHES, Mrs. BENTLEY, Mr. MCDERMOTT, Mr. PENNY, Ms. PELOSI,
Mr. PEASE, Mr. BILIRAKIS, Mr. BROWN, Mr. STUDDS, Mr. CLEMENT, Mr. TALLON,
Mr. RINALDO, Ms. SLAUGHTER of New York, Mr. WOLPE, Mr. DE LUGO, Mr. VENTO,
Mrs. LOWEY of New York, Mr. OWENS of Utah, Mr. FROST, Ms. OAKAR, and Mr. YATES)
introduced the following bill; which was referred jointly to the Committees
on Energy and Commerce and Science, Space, and Technology
January 28, 1991
Additional sponsors: Mrs. COLLINS of Illinois, Mr. ROE, Mr. COSTELLO, Mr. OLIN,
Mr. STEARNS, Mr. ENGEL, Mr. WEISS, Mr. WHEAT, Mr. MILLER of California,
Mr. GIBBONS, Mr. MARTINEZ, Mr. HOUGHTON, Mr. HENRY, Mr. MRAZEK, Mr. WALSH,
and Mr. Lancaster
A BILL
To encourage recycling and composting by promoting the creation of markets
for postconsumer materials, by establishing a grant program for recycling
research, by requiring a public outreach program to provide information
about recycling, 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 `Recyclable Materials Technology and Markets
  Development Act'.
SEC. 2. FINDINGS AND PURPOSES.
  (a) FINDINGS- The Congress finds the following:
  (1) The United States faces a severe and worsening crisis in solid waste
  management.
  (2) Waste disposal is becoming increasingly impractical because of concerns
  about environmental contamination, escalating fees, the closing of disposal
  facilities, and difficulties in siting new facilities.
  (3) Recycling offers an environmentally safe approach to the garbage crisis
  as well as benefits to manufacturers in reduced material costs, energy
  usage, and environmental impacts. However, the markets for recyclable
  materials are currently uncertain.
  (4) It would be in the best interests of the United States to treat waste
  according to the following hierarchy:
  (A) Waste reduction.
  (B) Reuse.
  (C) Recycling.
  (D) Composting.
  (E) Landfilling or incineration.
  (b) PURPOSES- The purposes of this Act are as follows:
  (1) To create markets for postconsumer materials.
  (2) To provide consumers with information about recycling.
  (3) To solicit Federal agency recommendations on appropriate measures to
  maximize recycling.
SEC. 3. STUDY OF MARKETS FOR POSTCONSUMER MATERIALS.
  (a) REQUIREMENT- The Secretary shall conduct a study to determine the
  following:
  (1) The current and potential uses for postconsumer materials.
  (2) The current and potential international markets for postconsumer
  materials for use in recycling and composting.
  (3) The current and potential domestic markets for postconsumer materials
  for use in recycling and composting.
  (b) REPORT- Not later than 18 months after the date of the enactment of
  this act, the Secretary shall submit to Congress a report--
  (1) describing the results of the study conducted under subsection (a); and
  (2) making recommendations regarding methods to expand and stabilize
  markets for postconsumer materials for use in recycling and composting,
  including whether additional legislation is necessary for such purpose.
  (c) ADDITION OF POSTCONSUMER MATERIALS TO INDUSTRIAL SURVEYS- For purposes
  of gathering information about the generation of postconsumer materials and
  prices of such materials, the Secretary shall include postconsumer materials
  in any Department of Commerce surveys on industrial production and prices.
SEC. 4. OFFICE OF RECYCLING RESEARCH AND INFORMATION.
  (a) ESTABLISHMENT- Not later than six months after the date of the enactment
  of this Act, the Secretary, in consultation with the Administrator, shall
  establish an Office of Recycling Research and Information in the Department
  of Commerce (in this section referred to as the `Office'). The Office shall
  have a Director who shall be appointed by the Secretary and who shall be paid
  at a rate determined by the Secretary which is less than the rate of basic
  pay payable for positions under section 5316 of title 5, United States Code.
  (b) FUNCTIONS- The functions of the Office are as follows:
  (1) To collect, catalog, and disseminate information to interested persons
  regarding waste disposal, recycling, and composting technology.
  (2) To make grants under subsection (c).
  (3) To conduct a public outreach program under subsection (d).
  (4) To develop model programs, not later than two years after the date
  of the enactment of this Act, for various types of communities (including
  urban and rural) for recycling and composting of solid waste. Such model
  programs shall include provisions for collecting, separating, transporting,
  and reprocessing solid waste.
  (5) To compile and update statistics on recycling rates for all nondurable
  consumer products.
  (6) To provide information to the public regarding the recyclability and
  recycling rates of individual products.
  (c) GRANTS- The Director of Recycling Research and Information shall make
  grants to public and private entities for studies and scientific research
  relating to recycling of postconsumer materials, including grants for the
  following types of studies:
  (1) A study to determine the products and postconsumer materials which--
  (A) are not currently recycled in significant amounts; and
  (B) which are found in the largest amounts by volume and by weight in
  municipal solid waste streams.
  (2) A study of ways to encourage industry to include recyclability as a
  basic design goal for the long-term resolution of the issue of recycling
  of postconsumer materials.
  (3) A study of innovative recycling technologies or problem issues that are
  obstacles to recycling, such as nonrecyclable containers and insufficient
  uses for postconsumer materials.
  (d) OUTREACH PROGRAM-
  (1) IN GENERAL- The Director of Recycling Research and Information, in
  consultation with the Administrator, the Secretary, and the Secretary of
  Education, shall conduct a public outreach program to provide information
  to secondary school students, State and local governments, and the general
  public regarding--
  (A) the harmful effects on the environment of the improper disposal
  of wastes;
  (B) the importance of the proper disposal of municipal wastes;
  (C) the benefits of recycling and composting; and
  (D) methods to encourage voluntary recycling and composting activities.
  (2) FORMAT- In conducting the outreach program described in paragraph (1),
  the Director of Recycling Research and Information may--
  (A) organize and conduct workshops with interested groups;
  (B) develop educational materials and provide them to secondary school
  students;
  (C) record public service announcements for radio and television broadcast
  and develop print advertisements for newspapers, magazines, and other
  publications;
  (D) distribute leaflets, posters, and other materials;
  (E) encourage employers and labor organizations to include appropriate
  educational materials in their in-house publications; and
  (F) provide technical assistance and other information to schools,
  governments, and community groups wishing to conduct educational programs
  on waste disposal, recycling, and composting.
  (3) IMPLEMENTATION OF PROGRAM- The Director of Recycling Research and
  Information shall begin implementation of the outreach program not later
  than one year after the date of the enactment of this Act.
  (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Director of Recycling Research and Information appointed pursuant to
  this section, for making grants and carrying out other activities authorized
  by this section, not more than $10,000,000 for each of fiscal years 1991,
  1992, 1993, 1994, 1995, and 1996.
SEC. 5. RECYCLING RATE REQUIREMENTS FOR RECYCLABLE PRODUCTS.
  (a) REQUIRED RECYCLING RATES FOR RECYCLABLE PRODUCTS- Each manufacturer of
  a recyclable product designated by the Secretary under subsection (b) shall--
  (1) during 1992, 1993, and 1994, recycle, or provide for the recycling
  of, at least 25 percent of the products manufactured during each of those
  years by the manufacturer;
  (2) during 1995, 1996, and 1997, recycle, or provide for the recycling
  of, at least 50 percent of the products manufactured during each of those
  years by the manufacturer; and
  (3) during 1998 and each year thereafter, make a good faith effort to
  recycle, or provide for the recycling of, at least 75 percent of the
  products manufactured during each such year by the manufacturer.
  (b) DESIGNATION OF RECYCLABLE PRODUCTS- Not later than one year after the
  date of the enactment of this Act, the Secretary shall prescribe regulations
  to designate products as recyclable products for purposes of this section. A
  product shall be designated as recyclable if it may feasibly be recycled,
  as determined by the Secretary.
  (c) PENALTY- A person may not manufacture, during a calendar year,
  a recyclable product designated by the Secretary under subsection (b)
  unless, during the preceding calendar year, the product is recycled at
  the recycling rate required under subsection (a). Any person who violates
  this section is subject to a civil penalty assessed by the Secretary of
  not more than $5,000 for each offense.
SEC. 6. RECYCLABLE SUBSTITUTE REQUIREMENTS FOR NONRECYCLABLE PRODUCTS.
  (a) PROHIBITION- After December 31, 1992, a person may not manufacture
  a nonrecyclable product designated by the Secretary under subsection
  (b) if a recyclable substitute is readily available for such product,
  as determined by the Secretary.
  (b)  DESIGNATION OF NONRECYCLABLE PRODUCTS- Not later than two years
  after the date of the enactment of this Act, the Secretary shall prescribe
  regulations to designate products as nonrecyclable products for purposes
  of this section. A product shall be designated as nonrecyclable if it is
  not technically or economically feasible to be recycled in a recycling
  program, as determined by the Secretary. The Secretary may require that an
  appropriate label be displayed on any product designated as nonrecyclable
  under the regulations, for purposes of informing consumers that the product
  is nonrecyclable. The Secretary may not require such labels to be displayed
  any earlier than January 1, 1992.
  (c) PENALTY- Any person who violates this section is subject to a civil
  penalty assessed by the Secretary of not more than $5,000 for each offense.
SEC. 7. RECYCLING SEALS OF APPROVAL.
  (a) DESIGN- The Secretary shall design labels for display on--
  (1) recyclable products, as designated under section 5(b); and
  (2) products containing a certain percentage of recycled postconsumer
  materials.
  (b) APPLICATION FOR USE OF LABELS- Persons who manufacture products for
  which the Secretary has designed labels under subsection (a) may apply to
  the Secretary for permission to display the labels on their products.
  (c) REGULATIONS- The Secretary shall prescribe regulations to carry out
  this section.
SEC. 8. DEFINITIONS.
  For the purposes of this Act:
  (1) The term `Administrator' means the Administrator of the Environmental
  Protection Agency.
  (2) The term `Secretary' means the Secretary of Commerce.
  (3) The term `postconsumer materials' means materials or items that have
  served their intended end-use by an individual or by an entity other than
  an industrial establishment.