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[DOCID: f:h847ih.txt]






107th CONGRESS
  1st Session
                                H. R. 847

    To amend the Toxic Substances Control Act to establish certain 
 requirements regarding the approval of facilities for the disposal of 
           polychlorinated biphenyls, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2001

  Ms. Rivers introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Toxic Substances Control Act to establish certain 
 requirements regarding the approval of facilities for the disposal of 
           polychlorinated biphenyls, 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. APPROVAL OF PCB DISPOSAL FACILITIES.

    (a) Standard.--Section 6(e)(1) of the Toxic Substances Control Act 
(15 U.S.C. 2605(e)(1)) is amended by inserting the following before the 
last sentence: ``The Administrator shall not approve the construction 
of a facility for the disposal of polychlorinated biphenyls unless the 
construction of such facility is in the public interest and the design, 
location, and operation of such facility will protect public health and 
the environment.''.
    (b) Judicial Review.--Section 19(a)(1)(A) of the Toxic Substances 
Control Act (15 U.S.C. 2618(a)(1)(A)) is amended by inserting ``or 
after the approval of a facility under section 6(e)(1) for the disposal 
of polychlorinated biphenyls'' after ``or IV'' and by inserting ``or 
approval'' after ``for judicial review of such rule''.
    (c) Public Participation.--Section 6(e) of the Toxic Substances 
Control Act (15 U.S.C. 2605(e)) is amended by adding the following 
after paragraph (5):
    ``(6) The public participation requirements set forth in section 
7004(b)(2) of the Solid Waste Disposal Act (and the regulations of the 
Administrator thereunder) shall apply to the approval by the 
Administrator of a facility for the disposal of polychlorinated 
biphenyls in the same manner as such requirements apply to the issuance 
of a permit under section 3005 of the Solid Waste Disposal Act for a 
facility for the treatment, storage or disposal of hazardous waste.''.
    (d) Record of Violations.--Section 6(e) of the Toxic Substances 
Control Act (15 U.S.C. 2605(e)) is amended by adding the following 
after paragraph (6):
    ``(7) The Administrator shall not approve the construction of any 
facility for the disposal of polychlorinated biphenyls unless the owner 
or operator of the facility notifies the Administrator, and the 
Administrator makes available to the public, a record of all violations 
(prior to the date of such approval) by such owner or operator of laws 
and rules administered by the Administrator and all orders issued by 
the Administrator and all programs administered by a State that have 
been approved by the Administrator pursuant to Federal law.''.
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