The Resource Conservation
and Recovery Act
Public Law 94-580
94th Congress
October 21, 1976
As Amended
by the QUIET COMMUNITIES ACT OF 1978;
SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1980;
USED OIL RECYCLING ACT OF 1980; and
COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT OF 1980
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Editor's Note
This compilation (SW-171) of the Resource Conservation and
Recovery Act of October 21, 1976 (P.L. 94-580),includes the
amendments made to RCRA in the Quiet Communities Act
of 1978 (P.L. 95-609); the Solid Waste Disposal Act Amend-
ments of 1980 (P.L. 96-482); the Used Oil Recycling Act of
1980 (P.L. 96-463); and the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(P.L. 96-510).
Most of the amendments from the first two acts above are
in italics. The amendments in a smaller type size are those
from the Used Oil Recycling Act. The amendment from the
Comprehensive Environmental Response, Compensation, and
Liability Act may be found in Section 2001 (p. 10). Addi-
tional provisions that amend the Solid Waste Disposal Act
are in the Addenda, beginning on page 66.
Revised and Printed by the U.S. Environmental Protection Agency
1981
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1
An Act
To provide technical and financial assistance for the development of management
plans and facilities for the recovery of energy and other resources from dis-
carded materials and for the safe disposal of discarded materials, and to regu-
late the management of hazardous waste.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, Resource
Conservation and
8HORT TITLE Recovery Act of
1976.
Section 1. This Act may be cited as the "Resource Conservation and 42 USC 6901
Recovery Act of 1976". note.
AMENDMENT OF SOLID WASTE DISPOSAL ACT
Sec. 2. The Solid Waste Disposal Act (42 U.S.C. 3251 and follow-
ing) is amended to read as follows:
"TITLE II—SOLID WASTE DISPOSAL
"Subtitle A-—General Provisions
"short title and table or CONTENTS
"Sec. 1001. This title (hereinafter in this title referred to as 'this 42 USC 6901
Act'), together with the following table of contents, may be cited as the note-
'Solid Waste Disposal Act':
"Subtitle A—General Provisions
"Sec. 1001. Short title and table of contents.
"Sec. 1002. Congressional findings.
"Sec. 1003. Objectives.
"Sec. 1004. Definitions.
"Sec. 1005. Governmental cooperation.
"Sec. 1006. Application of Act and integration with other Acts.
"Sec. 1007. Financial disclosure.
"Sec. 1008. Solid waste management information and guidelines.
"Subtitle B—Office of Solid Waste; Authorities of the Administrator
"Sec. 2001. Office of Solid Waste and interagency coordinating committee .
"Sec. 2002. Authorities of Administrator.
"Sec. 2003. Resource recovery and conservation panels.
"Sec. 2004. Grants for discarded tire disposal.
"Sec. 200C Labeling of certain oil.
"Sec. 20 >>¦ Annual report.
Sec. 20t '¦ General authorization.
"Subtitle C—Hazardous Waste Management
"Sec. 3001. Identification and listing of hazardous waste.
"Sec. 300il. Standards applicable to generators of hazardous waste.
"Sec. 3003. Standards applicable to transporters of hazardous waste.
"Sec. 3004. Standards applicable to owners and operators of hazardous waste
treatment, storage, and disposal facilities.
"Sec. 3005. Permits for treatment, storage, or disposal of hazardous waste.
"Sec. 3006. Authorised State hazardous waste programs.
"Sec. 3007. Inspections. u.$.epa library region 10 materials
III 11
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"Subtitle C—Hazardous Waste Management—Continued
"Sec. 3008. Federal enforcement.
"Sec. 8008. Retention of State authority.
"Sec. 9010. Effective date.
"Sec. 3011. Authorisation of assistance to State*.
"Bee 3012. Restrictions on recycled oil.
"Sec. 3012. Hazardous waste site inventory.
"Sec. 3013. Monitoring, analysis, and testing.
"Subtitle D—State or Regional Solid Waste Flans
"Sec. 4001. Objectives of subtitle.
"Sec. 4002. Federal guidelines for plans.
"Sec. 4003. Minimum requirements for approval of plans.
"Sec. 4004. Criteria for sanitary landfills; sanitary landfills required for all
disposal.
' Sec. 4006. Upgrading of open dumps.
''Sec. 4006. Procedure for development and implementation of State plan.
"Sec. 4007. Approval of State plan; Federal assistance.
"Sec. 4008. Federal assistance.
"Sec. 4000. Rural communities assistance.
"Sulitltle E—Duties of the Secretary of Commerce in Resource and Recovery
"Sec. 5001. Functions.
"Sec. 5002. Development of specifications for secondary materials.
"Sec. 5003. Development of markets for recovered materials.
"Sec. 5004. Technology promotion.
"Sec. 5005. Nondiscrimination requirement.
' "Sec. 5006. Authorization of appropriations.
"Subtitle F—Federal Responsibilities
"Sec. 0001. Application of Federal, State, and local law to Federal facilities.
"Sec. 0002. Federal procurement.
"Sec. 6003. Cooperation with Environmental Protection Agency.
"Sec. 6004. Applicability of solid waste disposal guidelines to executive agencies.
"Subtitle G—Miscellaneous Provisions
"Sec. 7001. Employee protection.
"Sec. 7002. Citizen suits.
"Sec. 7003. Imminent hazard.
'¦Svc. 7004. Petition for regulations; public participation.
"Sec. 7005. Separability.
"Sec. 7006. Judicial review.
"Sec. 7007. Grants or contracts for training projects.
"Sec. 7008. Payments.
"Sec. 7009. Labor standards.
"Subtitle H—Research, Development, Demonstration, and Information
"Sec. 8001. Research, demonstrations, training, and other activities.
"Sec. 8002. Special studies; plans for research, development, and demonstrations.
"Sec. 8003. Coordination, collection, and dissemination of Information.
"Sec. 8004. Full-scale demonstration facilities.
"Sec. 8!!0S. Special study and demonstration projects on recovery of useful
energy and materials. ,
• Sec. 8006. Grants for resource recovery systems and improved solid waste dis-
posal facilities.
"Sec. 8007. Authorization of appropriations.
[Addenda]
"congressional, findings
42 use 6901. "Sec. 1002. (a) Solid Waste.—The Congress finds with respect to
solid waste— . _r*>ve-
"(1) that the continuing technological progress of
ment m methods of manufactut*, packaging, and maricec" »
consumer products has resulted in an ever-mounting
in a change in the characteristics, of the mass material aiscwu
of oM>,
and the improvements in the standard of living
population, have required increased industrial production to meet
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our needs, and have made necessary the demolition of old build-
ings, the construction of new buildings, and the provision of high-
ways and other avenues of transportation, which, together with
related industrial, commercial, and agricultural operations, have
resulted in a rising tide of scrap, discarded, and waste materials;
"(3) that the continuing concentration of our population in
expanding metropolitan and other urban areas has presented these
communities with serious financial, management, intergovern-
mental, and technical problems in the disposal of solid wastes
resulting from the industrial, commercial, domestic, and other
activities carried on in such areas;
"(4) that while the collection and disposal of solid wastes
should continue to be primarily the function of State, regional,
and local agencies, the problems of waste disposal as set forth
above have become a matter national in scope and in concern and
necessitate Federal action through financial and technical assist-
ance and leadership in the development, demonstration, and appli-
cation of new and improved methods and processes to reduce the
amount of waste and unsalvageable materials and to provide for
proper and economical solid waste disposal practices.
" (b) Environment and Health.—The Congress finds with respect
to the environment and health, that—
"(1) although land is too valuable a national resource to be
needlessly polluted by discarded materials, most solid waste is dis-
posed of on land in open dumps and sanitary landfills;
"(2) disposal of solid waste and hazardous waste in or on the
land without careful planning and management can present a
danger to human health and the environment;
" {3) as a result of the Clean Air Act, the Water Pollution Con-
trol Act, and other Federal and State laws respecting public
health and the environment, greater amounts of solid waste (in
the form of sludge and other pollution treatment residues) have
been created. Similarly, inadequate and environmentally unsound
practices for the disposal or use of solid waste have created greater
amounts of air and water pollution and other problems for the
environment and for health;
u(4) open dumping is particularly harmful to health, contami-
nates drinking water from underground and surface supplies, and
pollutes the air and the land;
"(5) hazardous waste presents, in addition to the problems asso-
ciated with non-hazardous solid waste, special dangers to health
and requires a greater degree of regulation than does non-hazard-
ous solid waste; and
"(6) alternatives to existing methods of land disposal must be
developed since many of the cities in the United States will be
running out of suitable solid waste disposal sites within five years
unless immediate action is taken;
"(c) Materials.—The Congress finds with respect to materials,
that—
" (1) millions of tons of recoverable material which could be used
are needlessly buried each year;
"(2) methods are available to separate usable materials from
solid waste; and
"(3) the recovery and conservation of such materials can reduce
the dependence of the United States on foreign resources and
reduce the deficit in its balance of payments.
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"(d) Energy.—The Congress finds with respect to energy, that—
" (1) solid waste represents a potential source of solid fuel, oil, or"
gas that can be converted into energy;
"(2) the need exists to develop alternative energy sources for
public and private consumption in order to reduce our dependence
on such sources as petroleum products, natural gas, nuclear and
hydroelectric generation; and
"(3) technology exists to produce usable energy from solid
waste.
"objectives
"Sec. 1003. The objectives of this Act are to promote the protection
of health and the environment and to conserve valuable material and
energy resources by—
(1) providing technical and financial assistance to State and
local governments and interstate agencies for the development of
solid waste management plans (including resource recovery and
resource conservation systems) which will promote improved solid
waste management techniques (including more effective organiza-
tional arrangements), new and improved methods of collection,
separation, and recovery cf solid waste, and the environmentally
safe disposal of nonrecoverable residues •
(2) providing training grants in occupations involving the
design, operation, and maintenance of solid waste disposal
systems; r
(3) prohibiting future open dumping on the land and requir-
ing the conversion of existing open dumps to facilities which do
not pose a danger to the environment or to health;
^ updating the treatment, storage, transportation, and dis-
posal of hazardous wastes which have adverse effects on health
and the environment;
(5) providing for the promulgation of guidelines for solid
waste collection, transport, separation, recovery, and disposal
practices and systems;
(6) promoting a national research and development program
for improved solid waste management and resource conservation
techniques, more effective organizational arrangements, and new
and improved methods oA collection, separation, and recovery,
and recycling of solid wastes and environmentally safe disposal
of nonrecoverable residues;
"(7) promoting the demonstration, construction, and applica-
tion of solid waste management, resource recovery, and resource
conservation systems which preserve and enhance the quality of
air, water, and land resources; and
"(8) establishing a cooperative effort among the Federal, State,
and local governments and private enterprise in order to recover
valuable materials and energy from solid waste.
"definitions
"Sec. 1004. As used in this Act:
"(1) The term 'Administrator' means the Administrator of the
Environmental Protection Agency.
"(2) The term 'construction,' with respect to any project of con-
struction under this Act, means (A) the erection or building of new
structures and acquisition of lands or interests therein, or the acquisi-
tion,'replacement, expansion, remodeling, alteration, modernization.
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5,
or extension of existing structures, and (B) the acquisition and instal-
lation of initial equipment of, or required in connection with, new
or newly acquired structures or the expanded, remodeled, altered,
modernized or extended part of existing structures (including trucks
and other motor vehicles, and tractors, cranes, and other machinery)
necessary for the proper utilization and operation of the facility after
completion of the project; and includes preliminary planning to deter-
mine the economic and engineering feasibility and the public health
and safety aspects of the project, the engineering, architectural, legal,
fiscal, and economic investigations and studies, and any surveys,
designs, plans, working drawings, specifications, and other action nec-
essary for the carrying out of the project, and (C) the inspection and
supervision of the process of carrying out the project to completion.
"(2A) The term 'demonstration' means the initial exhibition of a
new technology process or practice or a significantly new combination
or use of technologies, processes or practices, subsequent to the develop-
ment stage, for the purpose of proving technological feasibility and
cost effectiveness.
"(3) The term 'disposal' means the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any solid waste or hazardous
waste into or on any land or water so that such solid waste or haz-
ardous waste or any constituent thereof may enter the environment or
be emitted into the air or discharged into any waters, including ground
waters.
"(4) The term 'Federal agency' means any department, agency, or
other instrumentality of the Federal Government, any independent
agency or establishment of the Federal Government including any
Government corporation, and the Government Printing Office.
" (5) The term 'hazardous waste' means a solid waste, or combination
of solid wastes, which because of its quantity, concentration, or phys-
ical, chemical, or infectious characteristics may—
"(A) cause, or significantly contribute to an increase in mor-
tality or an increase in serious irreversible, or incapacitating
reversible, illness; or
"(B) pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, trans-
ported, or disposed of, or otherwise managed.
'' (6) The term 'hazardous waste generation' means the act or process
of producing hazardous waste.
"(7) The term 'hazardous waste management' means the systematic
control of the collection, source separation, storage, transportation,
processing, treatment, recovery, and disposal of hazardous wastes.
"(8) For purposes of Federal financial assistance (other than rural
communities assistance), the term 'implementation' does not include
the acquisition, leasing, construction, or modification of facilities or
equipment or the acquisition, leasing, or improvement of land.
"(9) The term 'intermunicipal agency' means an agency established
by two or more municipalities with responsibility for planning or
administration of solid waste.
" (10) The term 'interstate agency* means an agency of two or more
municipalities in different States, or an agency established by two or
more States, with authority to provide for the management of solid wastes
and serving two or more municipalities located in different States.
" (11) The term 'long-term contract' means, when used in relation to
solid waste supply, a contract of sufficient duration to assure the
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viability oi' a resource recovery facility (lo flu* extent thai such
viability depends upon solid waste supply).
(12) The tenn manifest means the form used for identifying I lie
mtity, composition, and the origin, routing, and destination of
hazaidous waste during its transportation from the iKiiiit of renera-
tion to the point of disjiosal, treatment, or storage.
(13) The term 'municipality' (A) means a city, town, through,
county, parish, district, or other public l>ody created by or pursuant
o State law, with responsibility for the planning or administration
of solid waste management, or an Indian tribe, or authorized tribal
organization or Alaska Native village or organization, and (It)
includes any rural community or unincorporated town or village or
any other public entity for which an application for assistance is made
by a State or political subdivision thereof.
(W The term open dump' means any facility or site where
solid waste is disposed of which is not a sanitary landfill
wmcA meets the criteria promulgated under section 4004 and
which is not a facility for disposal of hazardous waste.
(1j) The term person'means an individual trust firm ioint stock
company, corporation (including a irov«mm0h ' ' ?
ship, association, State, rounicifalSv ^ " corporation) partner-
sion of a State, or any interstate £dyy' Comm,ssion> poetical subdivi-
(16) The term 'procurement i
substance, material, product, or o he" itei!T w» T T'' g '
sonal property which is the subject of Inl V u r™1 "r T
exchange made to procure such item y f,urohaso> barter' or ot,l,'r
any «Ute^agency or agencyFe,Jy,al .wney^or
is using appropriated Federal furnis h sub(,lvlslon of * State whuh
son contracting with any such Ztv0';^0'1 P^urement orany per-
under such contract. agency with respect to work performed
ofbling rewvered f^n^Hdw^Sr^ caPability and likelihood
"(19) The term 'recovered r^tr^r ra*V°r ^
byproducts which have beenreemL^ f™* Ja}enal a?.
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facility or any other such waste having similar characteristics and
effects.
"(27) The term 'solid waste' means any garbage, refuse, sludge from
a waste treatment plant, water supply treatment plant, or air pollution
control facility ami other discarded material, including solid, liquid,
semisolid, or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations, and from community
activities, hut does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return flows or
industrial discharges which are [K>int sources subject to permits under
section 402 of the Federal Water Pollution Control Act, as amended
(8(> Stat. 880), or source, special nuclear, or byproduct material as
defined bv the Atomic Energy Act of 1954, as amended (68 Stat. 923).
"(-8) The term 'solid waste management1 means the systematic
administration of activities which provide for the collection, source
separation, storage, transportation, transfer, processing, treatment,
and disposal of solid waste.
"(29) The term 'solid waste management facility includes—
"(A) any resource recovery system or component thereof,
"(B) any system, program, or facility for resource con-
servation, and
"(C) any facility for the collection, source separation,
storage, transportation, transfer, processing, treatment or dis-
posal of solid wastes, including hazardous wastes, whether
such facility is associated with facilities generating such
wastes or otherwise.
"(30.) The terms 'solid waste planning1, 'solid waste management',
and 'comprehensive planning' include planning or management
respecting resource recovery and resource conservation.
''(31) The term 'State' means any of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
"(32) The term 'State authority' means the agency established or
designated under section 4007.
"(33) The term 'storage', when used in connection with hazardous
waste, means the containment of hazardous waste, either on a tempo-
rary basis or for a period of years, in such a manner as not to constitute
disposal of such hazardous waste.
"(34) The term 'treatment', when used in connection with hazardous
waste, means any method, technique, or process, including neutraliza-
tion, designed to change the physical, chemical, or biological character
or composition of any nazaraous waste so as to neutralize such waste or
so as to render such waste nonhazardous, safer for transport, amenable
for recovery, amenable for storage, or reduced in volume. Such term
includes any activity or processing designed to change the physical
form or chemical composition of hazardous waste so as to render it
nonhazardous.
"(35) The term * virgin material' means a raw material, including
previously unused copper, aluminum, lead, zinc, iron, or other metal or
metal ore, any undeveloped resource that is, or with new technology
will become, a source of raw materials.
"(36) The term 'used oil' means any oil which has been—
(A) refined from crude oil.
"(B) used, and
"(C) as a result of such use, contaminated by physical or chemical
impurities.
"(37) The term 'recycled oil' means any used oil which is reused, following
ita. original use. for any purpose (including the purpose for which the oil was
originally used). Such term includes oil which is re-refined, reclaimed, burned,
or reprocessed.
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8
"(38) The term 'lubricating oil' means the fraction of crude oil which is
sold for purposes of reducing friction in any industrial or mechanical device.
Such term includes re-refined oil.
"(39) The term 're-refined oil' means used oil from which the physical
and chemical contaminants acquired through previous use have been removed
through a refining process.
"governmental cooperation*
"Sec. 1005. (a) Interstate Cooperation.—The provisions of this
Act to be carried out by States may be carried out by interstate agencies
and provisions applicable to States may apply to interstate regions
where such agencies and regions have been established by the respective
States and approved by the Administrator. In any such case, action
required to be taken by the Governor of a State, respecting regional
designation shall be required to be taken by the Governor of each of
the respective States with respect to so much of the interstate region
as is within the jurisdiction of that State.
"(b) Consent of Congress to Compacts.—The consent of the Con-
gress is hereby given to two or more States to negotiate and enter into
agreements or compacts, not in conflict with any law or treaty of the
United States, for—
"(1) cooperative effort and mutual assistance for the manage-
ment of solid waste or hazardous waste (or both) and the enforce-
ment of their respective laws relating thereto, and
"(2) the establishment of such agencies, joint or otherwise,
as they may deem desirable for making effective such agreements
or compacts.
No such agreement or compact shall be binding or obligatory upon any
State a party thereto unless it is agreed upon by all parties to the
agreement and until it has been approved by the Administrator and
the Congress.
"application of act and integration with other acts
"Sec. 1006. (a) Application of Act.—Nothing in this Act shall be
construed to apply to (or to authorize any State, interstate, or local
authority to regulate) any activity or substance which is subject to the
Federal Water Pollution Control Act (33 U.S.C. 1151 and following),
the Safe Drinking Water Act (42 U.S.C. 300f and following), t)-e
Marine Protection, liesearch and Sanctuaries Act of 1972 (33 U.S.C.
1401 and following), or bhe Atomic Energy Act of 1954 (42 U.S.C.
2011 and following) except to the extent that such application (or
regulation) is not inconsistent with the requirements of such Acts.
"(b) Integration With Other Acts.—The Administrator shall
integrate all provisions of this Act for purposes of administration and
enforcement and shall avoid duplication, to the maximum extent prac-
ticable, with the appropriate provisions of the Clean Air Act (42
U.S.C. 1857 and following), the Federal Water Pollution Control Act
(33 U.S.C. 1151 and following), the Federal Insecticide, Fungicide,
and Kodenticide Act (7 U.S.C. 135 and following), the Safe Drinking
Water Act (42 U.S.C. 300f and following), the Marine Protection,
Research and Sanctuaries Act of 1972 (33 U.S.C. 1401 and following)
and such other Acts of Congress as grant regulatory authority to the
Administrator. Such integration shall be effected only to the extent
(hat it caii be done in a manner consistent with the goals and policies
expressed in this Act and in the other acts referred to in this subsection.
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9
"(c) Integration With the Surface Mining Control and Rec-
lamation Act of 1977.—(1) No later than 90 days after the date-of
enactment of the Solid Waste Disposal Act Amendments of 1980, the
Administrator shall review any regulations applicable to the treat-
ment, storage, or disposal of any coal mining wastes or overburden
promulgated by the Secretary of the Interior under the Surface
Mining and Reclamation Act of 1977. If the Administrator deter-
mines that any requirement of final regulations promulgated under
any section of subtitle C relating to mining wastes or overburden is
not adequately addressed in such regulations promulgated by the
Secretary, the Administrator shall promptly transmit such determi-
nation, together with suggested revisions and supporting documenta-
tion, to the Secretary.
"(2) The Secretary of the Interior shall have exclusive responsibili-
ty for carrying out any requirement of subtitle C of this Act with
respect to coal mining wastes or overburden for which a surface coal
mining and reclamation permit is issued or approved under the Sur-
face Mining Control and Reclamation Act of 1977. The Secretary
shall, with the concurrence of the Administrator, promulgate such
regulations as may be necessary to carry out the purposes of this
subsection and shall integrate such regulations with regulations
promulgated under the Surface Mining Control and Reclamation
Act of 1977.
"FINANCIAL disclosure
"Sec. 1007. (a) Statement.—Each officer or employee of the Admin-
istrator who—
"(1) performs any function or duty under this Act; and
"(2) has any known financial interest in any person who
applies for or receives financial assistance under this Act
shall, beginning on February 1, 1977, annually file with the Admin-
istrator a written statement concerning all such interests held by
such officer or employee during the preceding calendar year. Such
statement shall be available to the public.
"(b) Action bt Administrator.—The Administrator shall—
"(1) act- within ninety days after the date of enactment of this
Act—
"(A) to define the term 'known financial interest' for pur-
poses of subsection (a) of this section; and
'(B) to establish the methods by which the requirement
to file written statements specified m subsection (a) of this
section will be monitored and enforced, including appropriate
provision for the filing by such officers and employees of such
statements and the review by the Administrator of such
statements; and
"(2) report to the Congress on June 1, 1978, and of each suc-
ceeding calendar year with respect to such disclosures and the
actions taken in regard thereto during the preceding calendar
year.
"(c) Exemption.—In the rules prescribed under subsection (b) of
this section, the Administrator may identify specific positions within
the Environmental Protection Agency which are of a nonpolicy-
making nature and provide that officers or employees occupying such
positions shall be exempt from the requirements of this section.
"(d) Penalty.—Any officer or employee who is subject to, and
knowingly violates, this section shall be 'fined not more than $-2,500
or imprisoned not more than one year, or both.
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"solid wasthe management information and guidelines
"Sec. 1008. (a) Guidelines.—Within one year of enactment of this
section, and from time to time thereafter, the Administrator shall,
in cooperation with appropriate Federal, State, municipal, and inter-
municipal,agencies, and in consultation with other interested persons,
and after public hearings, develop and publish suggested guidelines
for solid waste management. Such suggested guidelines shall—
" (1) provide a technical and economic description of the level
of performance that can be attained by various available solid
waste management practices (including operating practices)
which provide for the protection of public health and the
environment;
"(2) not later than two years after the enactment of this section,
describe levels of performance, including appropriate methods
and degrees of control, that provide at a minimum for (A) pro-
tection of public health and welfare; (B) protection of the qual-
ity of ground waters and surface waters from leachates; (C)
protection of the quality of surface waters from runoff through
compliance with effluent limitations under the Federal Water
Pollution Control Act, as amended; (D) protection of ambient
air quality through compliance with new source performance
standards or requirements of air quality implementation plans
under the Clean Air Act, as amended; (E) disease and vector
control; (F) safety; and (G) esthetics; and
"(3) provide minimum criteria to be used by the States to
define those solid waste management practices which constitute
the open dumping of solid waste or hazardous waste and are to be
prohibited under subtitle D of this Act.
Where appropriate, such suggested guidelines also shall include mini-
mum iniormation for use in deciding the adequate location, design,
and construction of facilities associated with solid waste management
l>ractu-fs, including tae consideration of regional, geographic, demo-
graphic, and rliinatic factors.
"(b) Notice.—'The Administrator .shall notify the Committee on
Public Works of the Senate and the Committee on Interstate and
Foreign Commerce of the House of Representatives a reasonab e time
l>efore publishing any suggested guidelinesor proposed regulations
under this Act, of the content of such proposed suggested guidelines
or proposed regulations under this Act.
"Subtitle II—Office of Solid Waste; Authorities
of the Administrator
"office ok solid waste
AND INTERAGENCY COORDINATING COMMITTEE
"Sec. -2001. (a) Office of Solid Waste.
The Administrator shall establish within the Environ-
mental Protection Agency an Office of Solid Waste (hereinafter
referred to as the 'Office') to be headed by an Assistant Admin-
istrator of the Environmental Protection Agenry. The duties and
responsibilities (other than duties and responsibilities relating to
research and development) of the Administrator under this Act (as
modified by applicable reorganization plans) shall be carried out
through the Office.
lb) Interagency Coordinating Committee.—(1) There is hereby
established an Interagency Coordinating Committee on Federal Re-
source Conservation and Recovery Activities which shall have the
responsibility for coordinating all activities dealing with resource
conservation and recovery from solid waste carried out by the Envi-
ronmental Protection Agency, the Department of Energy, the Depart-
ment of Commerce, and all other Federal agencies which conduct
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such activities pursuant to this or any other Act. For purposes of 11
this subsection, the term 'resource conservation and recovery activi-
ties' shall include, but not be limited to, all research, development
and demonstration projects on resource conservation or energy, or
material, recovery from solid waste, and all technical or financial
assistance for State or local planning for, or implementation of, proj-
ects related to resource conservation or energy or material, recovery
from solid waste. The Committee shall be chaired by the Adminis-
trator of the Environmental Protection Agency or such person as the
Administrator may designate, Members of the Committee shall in-
clude representatives of the Department of Energy, the Department
of Commerce, the Department of the Treasury, and each other Feder-
al agency which the Administrator determines to have programs or
responsibilities affecting resource conservation or recovery.
"(2) The Interagency Coordinating Committee shall include over-
sight of the implementation of
"(A) the May 1979 Memorandum of Understanding on Energy
Recovery from Municipal Solid Waste between the Environmen-
tal Protection Agency and the Department of Energy;
"(B) the May 30, 1978, Interagency Agreement between the De-
partment of Commerce and the Environmental Protection
Agency on the Implementation of the Resource Conservation
and Recovery Act; and
"(C) any subsequent agreements between these agencies or
other Federal agencies which address Federal resource recovery
or conservation activities.
¦"(3) The Interagency Coordinating Committee shall submit to the
Congress by March 1, 1981, and on March 1 each year thereafter, a
five-year action plan for Federal resource conservation or recovery
activities which shall identify means and propose programs to en-
courage resource conservation or material and energy recovery and
increase private and municipal investment in resource conservation
or recovery systems, especially those which provide for material con-
servation or recovery as well as energy conservation or recovery.
Such plan shall describe, at a minimum, a coordinated and nondu-
plicatory plan for resource recovery and conservation activities for
the Environmental Protection Agency, the Department of Energy,
the Department of Commerce, and all other Federal agencies which
conduct such activities.
"auTHORII .r& or ADMINISTRATOR
"Sec. 2002. (a) Authorities.—In carrying out this Act, the Admin-
istrator is authorized to—
" (1) prescribe, in consultation with Federal, State, and
regional authorities, such regulations as are necessary to carry out
his functions under this Act;
'*(2) consult with or exchange information with other Federal
agencies undertaking research, development, demonstration proj-
ects, studies, or investigations relating to solid waste;
"(3) provide technical and financial assistance to States or
regional agencies in the development and implementation of solid
waste plans and hazardous waste management programs;
"(4) consult with i-epresentatives of science, industry, agricul-
ture, labor, environmental protection and consumer organizations,
and other groups, as he deems advisable
"(5) utilize the information, facilities, personnel and other
resources of Federal agencies, including the National Bureau of
Standards and the National Bureau of the Census, on a reimburs-
able basis, to perform research and analyses and conduct studies
and investigations related to resource recovery and conservation
and to otherwise carry out the Administrator's functions under
this Act; and
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"(6) to delegate to the Secretary of Transportation the per-
formance of any inspection or enforcement function under this
Act relating to the transportation of hazardous waste where
such delegation would avoid unnecessary duplication of activity
and would carry out the objectives of this Act and of the Haz-
ardous Materials Transportation Act.
"(b) Revision of Regulations.—Each regulation promulgated
under this Act shall be reviewed and, where necessary, revised not less
frequently than every three years.
•'resource recovery and conservation panels
"Sec. '2003. The Administrator shall provide teams of personnel,
including Federal, State, and local employees or contractors (herein-
after referred to as 'Resource Conservation and Recovery Panels') to
provide Federal agencies, States and local governments upon request
with technical assistance on solid waste management, j-esource recovery,
and resource conservation. Such teams shall include technical, marketing,
financial, and institutional specialists, and the services of such teams
shall be provided without charge to States or local governments.
"ORA NTS FOR DISCARDED TIRE DISPOSAL
"Sec. 2004. (a) Grants.—The Administrator shall make available
grants equal to 5 percent of the purchase price of tire shredders
(including portable shredders attached to tire collection trucks) to
those eligible applicants best meeting criteria promulgated under this
section. An eligible applicant may be any private purchaser, public
body, or public-private joint venture. Criteria for receiving grants
shafl be promulgated under this section and shall include the policy to
otfer any private purchaser the first option to receive a grant, the policy
to dev elop widespread geographic distribution of tire shredding facil-
ities, the need for such facilities within a geographic area, and the
projected risk and viability of any suoh venture. In the case of an
application under this section from a public body, the Administrator
shall first make a determination that there are no private purchasers
interested in making an application before approving a grant to a
public body.
"(b) Authorization.—There is authorized to be appropriated
$750,000 for each of the fiscal years 1978 and 1979 to carry out this
section.
"labeling op certain oil
"Sec. 2005. For purposes of any provision of law which requires the labeling
of commodities, lubricating oil shall be treated as lawfully labeled only if it bears,
the following statement, prominently displayed:
" 'DON'T POLLUTE—CONSERVE RESOURCES; RETURN USED OIL
TO COLLECTION CENTERS'.
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•'annual report
""¦Sec. 2006. The Administrator shall transmit to the Congress and the
President, not later than ninety days after the end of eacn fiscal year,
a comprehensive and detailed report on all activities of the Office
during the preceding fiscal year. Kach such report shall include—
"(1) a statement of specific and detail objectives for the activi-
t ies and programs conducted and assisted under this Act;
"(•J) statements of the Administrator's conclusions as to the
effectiveness of such activities and programs in meeting the stated
objectives and the purposes of this Act. measured through the end
of such fiscal year;
"(H) a summary of outstanding solid waste problems con-
fronting the Administrator, in order of priority ,*
"(4) recommendations with respect to such legislation which
the Administrator deems necessary ov desirable to assist in solving
problems respecting solid waste;
"(5) all other information required to be submitted to the Con-
gress pursuant to any other provision of this Act; and
"(6) the Administrator's plans for activities and programs
respecting solid waste during the next fiscal year.
"GENERAL AUTHORIZATION
Sec. 2007. (a) General Administration.—There are authorized
to be appropriated to the Administrator for the purpose of carrying
out the provisions of this Act, $35,000,000 for the fiscal year ending
September 30, 1977, $38,000,000 for the fiscal year ending September SO,
1978, $42,000,000 for the fiscal year ending September 30. 1979
$70,000,000 for the fiscal year ending September 30, 1980,
$80,000,000 for the fiscal year ending September SO, 1981, and
$80,000,000 for the fiscal year ending September SO, 1982.
"(b) Resource Recovery and Conservation Panels.—Not less than
^0 percent of the amount appropriated under subsection (a) , or
$5,000,000 per fiscal year, whichever is less, shall be used only for
purposes of Resource Recovery and Conservation Panels established
under section *2003 (including travel expenses incurred by such panels
in carrying out their functions under this Act).
"(c) Hazardous Waste.—Not less than £0 percent of the amount
appropriated under subsection (a) shall be used only for purposes
of carrying out subtitle C of this Act (relating to hazardous waste)
other than section 3011.
"(d) State and Local Support.—Not less than 25 per centum of
the total amount appropriated under this title, up to the amount
authorized in section 4008(a)(1), shall be used only for purposes of
support to State, regional, local, and interstate agencies in accord-
ance with subtitle D of this Act other than section 4008(a)(2) or
4009.
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. . "Subtitle C—Hazardous Waste Management
14
"identification and mrtino of hazardous waste
"Sec. 3001. (a) Criteria for Identification or Listing.—Not later
than eighteen months after the date of the enactment of this Act, the
Administrator shall, after notice and opportunity for public hearing,
and after consultation with appropriate Federal and State agencies,
develop and promulgate criteria for identifying the characteristics of
hazardous waste, and for listing hazardous waste, which should be
subject to the provisions of this subtitle, taking into account toxicity,
persistence, and degradability in nature, potential for accumulation in
tissue, and other related factors such as flammability, corrosiveness,
and other hazardous characteristics. Suoh criteria shall be revised from
time to time as may be appropriate.
w(bM7y Identification and Listing.—Not later that* eighteen months
after the date of enactment of this section, and after notice and oppor-
tunity for public hearing, the Administrator shall promulgate regula-
tions identifying the characteristics of hazardous waste, and listing
particular hazardous wastes (within the meaning of section 1004(5)),
which shall be subject to the provisions of this subtitle. Such regula-
tions shall be based on the criteria promulgated under subsection (a)
and shall be revised from time to time thereafter as may be appropriate.
"(2)(A) Notwithstanding the provisions of paragraph (1) of this
subsection, drilling fluids, produced waters, and other wastes associ-
ated with the exploration, development, or production of crude oil or
natural gas or geothermal energy shall be subject only to existing
State or Federal regulatory programs in lieu of subtitle C until at
least$4 months after the date of enactment of the Solid Waste Dis-
posal Act Amendments of J 9$0 and after promulgation of the regu-
lations in accordance with subparagraphs (B> and (O of this para-
graph. It is the sense of the Congress that such State or Federal pro-
grams should include, for waste disposal sites which are to be
closed, provisions requiring at least the following:
"(i>. The identification through surveying. platting, or other
measures, together with recordation of such information on the
public record, so as to assure that the location where such
wastes are disposed of can be located in the future: except how-
ever. that no such surveying, platting, or other measure identify-
ing the location of a disposal site for drilling fluids and associ-
ated wastes shall be required if the distance from the disposal
site to the surveyed or platted location to the associated well is
less than two hundred lineal feet: and
"ni> A chemical and physical analysis of a produced water
and a composition of a drilling fluid suspected to contain a
hazardous material, with such information to be acquired prior
to closure and to be placed on the public-record.
"iB> Sot later than six months after completion and submission
of the study required by section SOOJ/mt of this Act. the Administra-
tor shall, after public hearings and opportunity for comment, deter-
mine either to promulgate regulations under this subtitle for drill-
ing fluids, produced waters, and other wastes associated with the
exploration, development, or production of crude oil or natural gas
or geothermal energy or that such regulations are unwarranted. The
Administrator shall publish his decision in the Federal Register ac-
companied by an explanation and justification of the reasons for it.
In making the decision under this paragraph, the Administrator
shall-utilize the information developed or accumulated pursuant to
the study required under section S002(m).
"tCt The Administrator shall transmit his decision, along with
any regulations, if necessary, to both Houses of Congress. Such regu-
lations shall take effect only when authorized by Act of Congress.
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"t3* A) Notwithstanding the provisions of paragraph (1> of this
subsection, each uaste listed below shall, except as provided in sub-
paragraph (BJ of this paragraph, be subject only to regulation under
other applicable provisions of Federal or State law in lieu of this
subtitle until at least six months after the date of submission of the
applicable study required to be conducted under subsection if), (nh
?o>. or
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"(Hi) The Administrator may prescribe regulations, under the au-
thority of this Act, to prevent radiation exposure which presents an
unreasonable risk to human health from the use in construction or
land reclamation (with or without revegetation) of (D solid waste
from the extraction, beneficiation, and processing of phosphate rock
or (lit overburden from the mining of uranium ore.
"(ii'J Whenever on the basis of any information the Administrator
determines that any person is in violation of any requirement of this
subparagraph, the Administrator shall give notice to the violator of
his failure to comply with such requirement. If such violation i\r-
tends beyond the thirtieth day after the Administrator's notifica-
tion, the Administrator may issue an order requiring compliance
within a specified time period or the Administrator may commence
a civil action in the United States district court in the district in
which the violation occurred for appropriate relief, including a tem-
porary or permanent injunction.
"(C) Not later than six months after the date of submission of the
applicable study required to be conducted under subsection (f), (n),
(o), or (ph of section 8002 of this Act, the Administrator shall, after
public hearings and opportunity for comment, either determine to
promulgate regulations under this subtitle for each waste listed in
subparagraph (A) of this paragraph or determine that such regula-
tions are unwarranted. The Administrator shall publish his deter-
mination, which shall be based on information developed or accu-
mulated pursuant to such study, public hearings, and comment, in
the Federal Register accompanied by an explanation and justifica-
tion of the reasons for it.
"(c) Petition by State Governor.—At any time after the date
eighteen months after the enactment of this title, the Governor of any
State may petition the Administrator to identify or list a material as a
hazardous waste. The Administrator shall not upon such petition
within ninety days following his receipt thereof and shall notify the
Governor of such action. If the Administrator denies such petition
because of financial considerations, in providing such notice to the
Governor he shall include a statement concerning such considerations.
"STANDARDS APPLICABLE TO CKNKItATORA r»K HAZARDOUS WASTE
"Sec. 3002. Not later than eighteen months after the date of the
enactment of this section, and after notice and opportunity for public
hearings and after consultation with appropriate Federal and State
agencies, the Administrator shall promulgate regulations establishing
such standards, applicable to generators of hazardous waste identified
or listed under this subtitle, as may be necessary to protect human
health and the environment. Such standards shall establish require-
ments respecting—
"(1) recordkeeping practices that accurately identify the quan-
tities of such hazardous waste generated, the constituents thereof
whioh are significant in quantity or in potential harm to human
health or the environment, and the disposition of such wastes;
"(2) labeling practices for any containers used for the storage,
transport, or disposal of such hazardous waste such as will identify
accurately such waste;
"{3) use of appropriate containers for such hazardous waste;
"(4) furnishing of information on the general chemical compo-
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sition of such hazardous waste to persons transporting, treating,
storing, or disposing of such wastes;
"(5) use of a manifest system and any other reasonable means necessary
to assure that all such hazardous waste generated is designated for treatment,
storage, or disposal in and arrives at, treatment, storage, or disposal facilities
(other than facilities 011 the premises where the waste is generated) for which a
permit lias been issued as provided in this subtitle, or pursuant to tftle I of the
Marine Protection, Research, and Sanctuaries Act (86 Stat. 1052); and
"(6) submission of reports to the Administrator (or the State
agency in any case in which such agency carries out an authorized
permit program pursuant to this subtitle) at such times as the
Administrator (or the State agency if appropriate) deems neces-
sary, setting out—¦
"(A) the quantities of hazardous waste identified or listed
under this suotitle that he has generated during a particular
time j>eriod; and
" (J J) the disposition of all hazardous waste reported under
subparagraph (A).
"STANDARDS APPLICABLE TO TRANSPORTERS or HAZARDOUS WASTE
"Sec. 3003. (a) Standards.—Not later than eighteen months after
the date of enactment of this section, and after opportunity for public
hearings, the Administrator, after consultation with the Secretary
of Transportation and the States, shall promulgate regulations estab-
lishing such standards, applicable to transporters of hazardous waste
identified or listed under this subtitle, as may be necessary to protect
human health and the environment. Such standards shall include but
need not be limited to requirements respecting—
k*(l) recordkeeping concerning such hazardous waste trans-
ported, and their source and delivery points;
"(2) transportation of such waste only if properly labeled;
"(3) compliance with the manifest system referred to in sec-
tion 3002(5); and
"(4) transportation of all such hazardous waste only to the
hazardous waste treatment, storage, or disposal facilities which
the shipper designates on the manifest form to be a facility
holding a permit issued under this subtitle, or pursuant to title I
of the Marine Protection, Research, and Sanctuaries Act
(86 Stat. 1052).
"(b) Coordination With Regulations of Secretary of Transpor-
tation.—In case of any hazardous waste identified or listed under this
subtitle which is subject to the Hazardous Materials Transportation
Act (88 Stat. 2156; 49 U.S.C. 1801 and following), the regulations
promulgated by the Administrator under this section shall be con-
sistent with the requirements of such Act and the regulations there-
under. The Administrator is authorized to make recommendations to
the Secretary of Transportation l-especting the regulations of such
hazardous waste under the Hazardous Materials Transportation Act
and for addition of materials to be covered by such Act.
"standards applicable to owners and operators or hazardous waste
treatment, storage, and disposal facilities
"Sec. 3004. Not later than eighteen months after the date of enact-
ment of this section, and after opportunity for public hearings and
after consultation with appropriate Federal and State agencies, the
Administrator shall promulgate regulations establishing such per-
formance standards, applicable to owners and operators of facilities
for the treatment, storage, or disposal of hazardous waste identified or
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18
listed under tin? subtitle--.. »s may be neoessar v to protect human health
and the environment. In establishing such standards the Admin-
istrator shall, where appropriate, distinguish in such standards
between requirements appropriate for new facilities and for
facilities in existence on the date of promulgation of such
regulations. Such standards shall include, but need not oe
limited to, requirements respecting—
"(1) maintaining records of all hazardous wastes identified or
listed under this title which is treated, stored, or disposed of, as the
case may be, and the manner in which such wastes wer:; treated,
stored, or disposed of;
"(2) satisfactory reporting, monitoring," and inspection and
compliance with the manifest system referred to in section
3002(5);
"(3) treatment, storage, or disposal of all such waste received
by the facility pursuant to such operating methods, techniques,
and practices as may be satisfactory to the Administrator;
"(4) the location, design, and construction of such hazardous
waste treatment, disposal, or storage facilities;
"(5) contingency plans for effective action to minimize unan-
ticipated damage from any treatment, storage, or disposal of any
such hazardous waste;
"(6) the maintenance of operation of such facilities and requir-
ing such additional qualifications as to ownership, continuity of
operation, training for personnel, and financial responsibility as
may be necessary or desirable; and
"(7) compliance with the requirements of section 3005 respect-
ing permits for treatment, storage, or disposal.
No private entity shall be precluded by reason of criteria established
under paragraph (6) from the ownership or operation of facilities
providing hazardous waste treatment, storage, or disposal services
where such entity can provide assurances of financial responsibility
and continuity of operation consistent with the degree and duration
of risks associated with the treatment, storage, or disposal of specified
hazardous waste.
"permits for treatment, storage, or disposal or hazardous waste
"Sec. 3005. (a) Permit Requirements.—Not later than eighteen
months after the date of the enactment of this section, the Adminis-
trator shall promulgate regulations requiring each person owning or
operating a facility for the treatment, storage, or disposal of hazard-
ous waste identified or listed under this subtitle to have a permit issued
pursuant to this section. Such regulations shall take effect on the date
provided in section 3010 and upon and after such date the treatment,
storage, or disposal of any such hazardous waste is prohibited except
in accordance with such a permit.
44 (b) Requirements or Permit Application —Each application
for a permit under this section shall contain such information as may
be required under regulations promulgated by the Administrator,
including information respecting—
"(1) estimates with respect to the composition, quantities, and
concentrations of any hazardous waste identified or listed under
this subtitle, or combinations of any such hazardous waste and
any other solid waste, proposed to be disposed of, treated, trans-
ported^ or stored, and the time, frequency, or rate of which such
waste is proposed to be disposed of, treated, transported, or
stored; and
"(2) the site at which such hazardous waste or the products of
treatment of such hazardous waste will be disposed of, treated,
transported to, or stored.
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"(c) Permit Issuance.—Upon a determination by tne Administra-
tor (or a State, if applicable)? of compliance by a facility for which
a permit is applied for under this section with the requirements of
this section ana section 3(X)4, the Administrator (or the State) shall
issue » permit for such facilities. In the event permit applicants pro-
pose modification of their facilities, or in the event the Administrator
(or the State) determines-that modifications are necessary to conform
to the requirements under this section and section 8004, the permit
shall specify the time allowed to complete the modifications.
'' (il) Permit Revocation.—Upon a determination by the Adminis-
trator (or by a State, in the case of a State having an authorized
hazardous waste program under section 3006) of noncompliance by
a facility having a permit under this title with the requirements of
this section or section 3004, the Administrator (or State, in the case
of u State having an authorized hazardous waste program under sec-
tion 3006) shall revoke such permit.
"(e) Interim Status.—Any person who—
"(1) owns or operates a facility required to have a permit
under this section which facility is in existence on November 19,
1980,
"(2) has. complied with the requirements of section 3010(a),
and
" (ft; has made an application for a permit under this section
shall be treated as having been issued such permit until such time as
final administrative disposition of such application is made, unless
the Administrator or other plaintiff proves that final administrative
disposition of such application has not been made because of the
failure of the applicant to furnish information reasonably required or
requested in order to process the application.
"(f) Coal Mining Wastes and Reclamation Permits.—Notwith-
standing subsection (a) through (e) of this section, any surface coal
mining and reclamation permit covering any coal mining wastes or
overburden which has been issued or approved under the Surface
Mining Control and Reclamation Act of 1977 shall be deemed to be
a permit issued pursuant to this section with respect to the treat-
ment, storage, or disposal of such wastes or overburden. Regulations
promulgated by the Administrator under this subtitle shall not be
applicable to treatment, storage, or disposal of coal mining wastes
and overburden which are covered by such a permit.
"AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS
"Sec. 3006. (a) Federal Guidelines.—Not later than eighteen
months after the date of enactment of this Act. the Administrator,
after consultation with State authorities, shall promulgate guidelines
to assist States in the development of State hazardous waste programs.
"(b) Authorization of State Program.—Any State which seeks
to administer and enforce a hazardous waste program pursuant to this
subtitle may develop and, after notice and opportunity for public
hearing, submit to tne Administrator an application, in such form as
he shall require, for authorization of such program. Within ninety
days following submission of an application under this subsection,
the Administrator shall issue a notice as to whether or not he expects
such program to be authorized, and within ninety days following such
notice (and after opportunity for public hearing) he shall publish his
findings as to whether or not the conditions listed in items (1). (:>),
and (3) below have been met. Such State is authorized to carry out
such program in lieu of the Federal proigram under this subtitle in
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20
such State and to issue and enforce permits for the storage, treatment,
or disposal of hazardous waste unless, within ninety days following
submission of the application the Administrator notifies such State
that such program may not be authorized and. "within ninety davs
following such notice and after opportunity for public hearing, lie
finds that (1) such State program is not equivalent to the Federal
program under this subtitle, (*2) such program is not consistent with
the Federal or State programs applicable in other States, or (3) such
program does not provide adequate enforcement of compliance with
the requirements of this subtitle.
"(c) Interim Authorization.—Any State which has in existence
a hazardous waste program pursuant to State law before the date
ninety days after the date of promulgation of regulations under
sections 3002, 3(X>3, 3004, and 3005, may submit to the Administrator
evidence of such existing program and may request a temporary
authorization to carry out such program under this subtitle. The
Administrator shall, if the evidence submitted shows the existing
&tate program to be substantially equivalent to the Federal program
under this subtitle, grant an interim authorization to the State to
carry out such program in lieu of the Federal program pursuant to
this subtitle for a twenty-four month period beginning on the date
six months after the date of promulgation of regulations under
sections 3002 through 3005.
" (d) Effect of State Permit.—Any action taken by a State under
a hazardous waste program authorized under this section shall have
the same force and effect as action taken by the Administrator under
this subtitle.
"(e) Withdrawal of AtrmoRiZApON.—Whenever the Admin-
istrator determines after public hearing that a State is not admin-
istering and enforcing; a program authorized under this section in
accordance with requirements of this section, he shall so notify the
State and, if appropriate corrective action is not taken within a
reasonable time, not to exceed ninety days, the Administrator shall
withdraw authorization of suchprogram and establish a Federal pro-
gram pursuant to this subtitle. The Administrator shall not withdraw
authorization of any such program unless he shall first have notified
the State, and made public, in writing, the reasons for such
withdrawal.
"inspections
"Sec. 3007. (a) Access Entrt.—For purposes of developing or
assisting in the development of any regulation or enforcing the pro-
visions of this title, any person who generates, stores, treats, trans-
ports, disposes of, or otherwise handles or has handled hazardous
wastes shall, upon reauest of any officer, employee or representative
of the Environmental Protection Agency, duly designated by the
Administrator^ or upon request of any duly designated officer,
employee or representative of a State having an authorized
hazardous waste program, furnish information relating to such
wastes and permitsuch person at all reasonable times to have access
to, and to copy all records relating to such wastes. For the purposes
of developing or assisting in the development of any regulation or
enforcing the provisions of this title, such officers, employees or
representatives are authorized—
_ "(1) to enter at reasonable times any establishment or other
place where hazardous wastes are or have been generated, stored,
treated, disposed of, or transported from;
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21
"(2) to inspect and obtain samples from any person of any such
wastes and samples of any containers or labeling for suoh wastes.
Eacli such, inspection shall be commenced and complied with reason-
able promptness. If the officer, employee or representative obtains
any samples, prior to leaving the premises, he shall give to the owner,
operator, or agent in charge a receipt describing the sample obtained
and if requested a portion of each such sample equal in volume or
weight to the portion retained. If any analysis is made of such samples,
a copy of the results of such analysis shall be furnished promptly to
the owner, operator, or agent in charge.
"(b) Availability to Publics DAny records, reports, or information
obtained from any person under this section shall be available to the
public, except that upon a showing satisfactory to the Administrator
(or the State, as the case may be) by any person that records, reports,
or information, or particular part thereof, to which the Administrator
(or the State, as the case may De) or any officer, employee or
representative thereof has access under this section if made public, would
divulge information entitled to protection under section 1905 of title 18
of the United States Code, such information or particular portion
thereof shall be considered confidential in accordance with the purposes of that
section, except that such record, report, document, or information may
be disclosed to other officers, employees, or authorized representatives
of the United States concerned with carrying out this Act, or when
relevant in any proceeding under this Act.
"(2) Any person not subject to the provisions of sectidh 1905 of
title 18 of the United States Code who knowingly and willfully di-
vulges or discloses any information entitled to protection under this
subsection shall, upon conviction, be subject to a fine of not more
than $5,000 or to imprisonment not to exceed one year, or both.
"(3) In submitting data under this Act, a person required to pro-
vide such data may—
" (A) designate the data which such person believes is enti-
tled to protection under this subsection, and
"(B) submit such designated data separately from other data
submitted under this Act.
A designation under this paragraph shall be made in writing and
in such manner as the Administrator may prescribe.
"(4) Notwithstanding any limitation contained in this section or
any other provision of law, all information reported to, or otherwise
obtained by, the Administrator (or any representative of the Admin-
istrator) under this Act shall be made available, upon written re-
quest of any duly authorized committee of the Congress. to ouch
committee (including records, reports, or information obtained by
representatives of the Environmental Protection Agency).
"federal enforcement
"Sec. 3008. (a) Compliance Orders.—(1) Except as provided in
paragraph (2), whenever on the basis of any information the
Administrator determines that any person is in violation of any require-
ment of this subtitle, the Administrator may issue an order requiring
compliance immediately or within a specified time period or the
Administrator may 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.
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"(2) In the case of a violation of any requirement of this subtitle
where such violation occurs in a State which is authorized to carry out
a hazardous waste program under section 3006, the Administrator
shall give notice to the State in which such violation has occurred
prior to issuing an order or commencing a civil action
\ i nder this section.
"(3) If such violator fails to take corrective action within the time
specified in the order, he shall be liable for a civil penalty of not more
than $25,000 for each day of continued noncompliance and the Admin-
istrator may suspend or revoke any permit .issufed to the violator
(whether issued by the Administrator or the State).
"(b) Public Hearing.—Any order shall become final
unless, no later than thirty days after the order is served, the person
or persons named therein request a public hearing. Upon such request
the Administrator shall promptly conduct a public hearing. In con-
nection with any proceeding under this section the Administrator may
issue subpenas tor the attendance and testimony of witnesses and the
production of relevant papers, books, and documents, and may promul-
gate rules for discovery procedures.
"(c) Requirements or Compliance Orders.—Any order issued
under this section may include a suspension or revocation of a
permit issued under this subtitle, and shall state with reasonable
specificity the nature of the violation and specify a time for compliance
and assess a penalty, if any, which the Administrator determines is
reasonable taking into account the seriousness of the violation and any
good faith efforts to comply with the applicable requirements.
"(d) Criminal Penalties.—Any person who-
'll) knowingly transports any hazardous waste identified or
listed under this subtitle to a facility which does not have a
permit under section 3005 (or 3006 in case of a State program),
or pursuant to title I of the Marine Protection, Research, and
Sanctuaries Act (86 Stat. 1052),
'YJ) knowingly treats, stores, or disposes of any hazardous
waste identified or listed under this subtitle either—
"(A) without having obtained a permit under section
3005 (or 3006 in the case of a State program) or pursuant to
title I of the Marine Protection, Research, and Sanctuaries
Act (86 Stat. 1052); or
"(B) in knowing violation of any material condition or re-
quirement of such permit;
il(3) knowingly makes any false material statement or repre-
sentation in any application, label, manifest, record, report,
permit or other document filed, maintained, or used for pur-
poses of compliance with this subtitle; or
"(4) knowingly generates, stores, treats, transports, disposes of,
or otherwise handles any hazardous waste (whether such activi-
ty took place before or takes place after the date of the enact-
ment of this paragraph) and who knowingly destroys, alters, or
conceals any record required to be maintained under regula-
tions promulgated by the Administrator under this subtitle
shall, upon conviction, be subject to a fine of not more than $25,000
($50,000 in the case of a violation of paragraph (1) or (2)) for each
day of violation, or to imprisonment not to exceed one year (two
years in the case of a violation of paragraph (1) or (2)), or both. If
the conviction is for a violation committed after a first conviction of
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such person under this paragraph, punishment shall be by a fine of
not more than $50,000 per day of violation, or by imprisonment for
not more than two years, or by both.
"(e) Knowing Endangerment.—Any person who knowingly
transports, treats, stores, or disposes of any hazardous waste identi-
fied or listed under this subtitle—
"(1)(A) in violation of paragraphs (1) or (2) of subsection (d) of
this section, or
"(B) having applied for a permit under section 3005 or 3006,
and knowingly either—
"(i) has failed to include in his application material in-
formation required under regulations promulgated by the
Administrator, or
"(iif fails to comply with the applicable interim status
regulations and standards promulgated pursuant to this
subtitle,
who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury, and
"(2)(A) if his conduct in the circumstances manifests an un-
justified and inexcusable disregard for human life, or
"(B) if his conduct in the circumstances manifests an extreme
indifference for human life,
shall, upon conviction, be subject to a fine of not more than
$250,000 or imprisonment for not more than 2 years, or both, except
that any person who violates subsection (e)(2)(B) shall, upon convic-
tion, be subject to a fine of not more than $250,000 or imprisonment
for not more than 5 years, or both. A defendant that is an organiza-
tion shall, upon conviction of violating this subsection, be subject to
a fine of not more than $1,000,000.
"(f) Special Rules.—For the purposes of subsection (e)—
"(1)A person's state of mind is knowing with respect to—
"(A) his conduct, if he is aware of the nature of his con-
duct;
"(B) an existing circumstance, if he is aware or believes
that the circumstance exists; or
"(C) a result of his conduct, if he is aware or believes
that his conduct is substantially certain to cause danger of
death or serious bodily injury.
"(2) In determining whether a defendant who is a natural
person knew that his conduct placed another person in immi-
nent danger of death or serious bodily injury—
"(A) the person is responsible only for actual awareness
or actual belief that he possessed; and
"(B) knowledge possessed by a person other than the de-
fendant but not by the defendant himself may not be attrib-
uted to the defendant;
Provided, That in proving the defendant's possession of actual
knowledge, circumstantial evidence may be used, including evi-
dence that the defendant took affirmative steps to shield him-
self from relevant information.
(3) It is an affirmative defense to a prosecution that the con-
duct charged was consented to by the person endangered and
that the danger and conduct charged were reasonably foreseeable
hazards of—
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24
"(A) an occupation, a business, or a profession; or
"(B) medical treatment or medical or scientific experi-
mentation conducted by professionally approved methods
and such other person had been made aware of the risks
involved prior to giving consent.
The defendant may establish an affirmative defense under this
subsection by a preponderance of the evidence.
"(4) All general defenses, affirmative defenses, and bars to
prosecution that may apply with respect to other Federal crimi-
nal offenses may apply under subsection (e) and shall be deter-
mined by the courts of the United States according to the prin-
ciples of common law as they may be interpreted in the light of
reason and experience. Concepts of justification and excuse ap-
plicable under this section may be developed in the light of
reason and experience.
"(5) The term 'organization' means a legal entity, other than
a government, established or organized for any purpose, and
such term includes a corporation, company, association, firm,
partnership, joint stock company, foundation, institution, trust,
society, union, or any other association of persons.
"(6) The term 'serious bodily injury' means—
"(A) bodily injury which involves a substantial risk of
death;
"(B) unconsciousness;
"(C) extreme physical pain;
"(D) protracted and obvious disfigurement; or
"(E) protracted loss or impairment of the function of a
bodily member, organ, or mental faculty.
"(g) Civil Penalty.—Any person who violates any requirement of
this subtitle shall be liable to the United States for a civil penalty
in an amount not to exceed $25,000 for each such violation. Each
day of such violation shall, for purposes of this subsection, consti-
tute a separate violation.
"retention of state authority
"Sec. 3009. Upon the effective date of regulations under this subtitle
no State or political subdivision may impose any requirements less
stringent than those authorized under this subtitle respecting the same
matter as governed by such regulations, except that if application of
a regulation with respject to any matter under this subtitle is postponed
or enjoined by the action of any court, no State or political subdivision
shall be prohibited from acting with respect to the same aspect of such
matter until such time as such regulation takes effect. Nothing
in this title shall be construed to prohibit any State or political sub-
division thereof from imposing any requirements, including those
for site selection, which are more stringent than those imposed by
such regulations.
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25
"EFFECTIVE pate
"Sec-3010. (a) Preliminary Notification.—Not later than ninety
Si1<>n^ w of regulations under section 3001
ti> thJa "kf-S03 °r lstxnS any substance as hazardous
waste subject to this subtitle, any person generating or transporting
such substance or owning or operating a facility for treatment stor-
disposalof substance shall file with the Administrator (or
with States having authorized hazardous waste permit programs under
action 3006) a notation statins the location and general description
of such activity and the identified or listed hazardous wastes handled
by such , In, revising any regulation
under section 3001 identifying additional characteristics of hazard-
ous waste or listing any additional substance as hazardous waste
subject to this subtitle, the Administrator may require any person
referred to in the preceding sentence to file with the Administrator
(or with States having authorized hazardous waste permit programs
under section 3006) the notification described in the preceding sen-
tence. Not more than one such notification shall be required
to be filed with respect to the same substance. No identified orlisted
hazardous waste subject to this subtitle may be transported, treated,
stored, or disposed of unless notification has been given as required
under this subsection.
"(b) Effective Date of Regulation.—The regulations under thig
subtitle respecting requirements applicable to the generation, trans-
portation, treatment, storage, or disposal of hazardous waste (includ-
ing requirements respecting permits for such treatment, storage, or
disposal) shall take effect on the date six months after the date of
promulgation thereof (or six months after the date of revision in the
case of any regulation which is revised after the date required for
promulgation thereof).
"a TTTHOMZATION Or ASSISTANCE TO STATES
Sec. 8011. (a) Authorization.—There is authorized to be appropri-
ated $25,000,000 for each of the fiscal yean 1978 and 1979 $20,000,WU
for fiscal year 1980, $35,000,000 for fiscal year 1981, and
$1(0,000,000 for fiscal year 1982 tobeuaedto
make grants, to the States for purposes of assisting the States in the
development and implementation of authorized State hazardous waste
programs.
"(b) Allocation.—Amounts authorized to be appropriated under
subsection (a; shall be allocated among the States on the basis of
regulations promulgated by the Administrator, after consultation with
the States, which take into account, the extent to which hazardous
waste is generated, transported, treated, stored, and disposed of within
such State; the extent of exposure of human beings and the environ-
ment within such State to such waste, and such other factors as the
Administrator deems appropriate.
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26
"(c) Activities Included.—State hazardous waste programs for
which grants may be made under subsection (a) may include (but
shall not be limited to) planning for hazardous waste treatment,
storage and disposal facilities, and the development and execution
of programs to protect health and the environment from inactive
facilities which may contain hazardous waste.
[TMs Section 3012 is from the Solid Waste Disposal Act
Amendments of 1980; see Section 3012 from the Used Oil
Recycling Act of 1980, below.—Ed.]
"hazardous waste site inventory
"Sec. 3012. (a) State Inventory PROGRAMs.—Each State shall,
as expeditiously as practicable, undertake a continuing program to
compile, publish, and submit to the Administrator an inventory de-
scribing the location of each site within such State at which haz-
ardous waste has at any time been stored or disposed of Such in-
ventory shall contain—
"(1) a description of the location of the sites at which any
such storage or disposal has taken place before the date on
which permits are required under section 3005 for such storage
or disposal;
"(2) such information relating to the amount, nature, and
toxicity of the hazardous waste at each such site as may be
practicable to obtain and as may be necessary to determine the
extent of any health hazard which may be associated with such
site;
"(3) the name and address, or corporate headquarters of, the
owner of each such site, determined as of the date of prepara-
tion of the inventory;
"(4) an identification of the types or techniques of waste treat-
ment or disposal which have -been used at each such site; and
"(5) information concerning the current status of the site, in-
cluding information respecting whether or not hazardous waste
is currently being treated or disposed of at such site (and if not,
the date on which such activity ceased) and information re-
specting the nature of any other activity currently carried out at
such site.
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For purposes of assisting the States in compiling information under
this section, the Administrator shall make available to each State
undertaking a program under this section such information as is
available to him concerning the items specified in paragraphs (1)
through (5) with respect to the sites within such State, including
such information as the Administrator is able to obtain from other
agencies or departments of the United States and from surveys and
studies carried out by any committee or subcommittee of the Con-
gress. Any State may exercise the authority of section 3007 for pur-
poses of this section in the same manner and to the same extent as
provided in such section in the case of States having an authorized
hazardous waste program, and any State may by order require any
person to submit such information as may be necessary to compile
the data referred to in paragraphs (1) through (5).
"(b) Environmental Protection Agency Program.—If the Ad-
ministrator determines that any State program under subsection (a)
is not adequately providing information respecting the sites in such
State referred to in subsection (a), the Administrator shall notify
the State. If within ninety days following such notification, the
State program has not been revised or amended in such manner as
will adequately provide such information, the Administrator shall
carry out the inventory program in such State. In any such case—
"(1) the Administrator shall have the authorities provided
with respect to State programs under subsection (a);
"(2) the funds allocated under subsection (c) for grants to
States under this section may be used by the Administrator for
carrying out such program in such State; and
"(3) no further expenditure may be made for grants to such
State under this section until such time as the Administrator
determines that such State is carrying out, or will carry out, an
inventory program which meets the requirements of this section.
"(c) Grants.—(1) Upon receipt of an application submitted by any
State to carry out a program under this section, the Administrator
may make grants to the States for purposes of carrying out such a
program. Grants under this section shall be allocated among the
several States by the Administrator based upon such regulations as
he prescribes to carry out the purposes of this section. The Adminis-
trator may make grants to any State which has conducted an inven-
tory program which effectively carried out the purposes of this sec-
tion before the date of the enactment of the Solid Waste Disposal
Act Amendments of 1980 to reimburse such State for all, or any por-
tion of, the costs incurred by such State in conducting such pro-
gram. .
"(2) There are authorized to be appropriated to carry out this sec-
tion $20,000,000.
"(d) No Impediment to Immediate Remedial Action.—Nothing
in this section shall be construed to provide that the Administrator
or any State should, pending completion of the inventory required
under this section, postpone undertaking any enforcement or remedi-
al action with respect to any site at which hazardous waste has
been treated, stored, or disposed of.
[This Section 3012 is from the Used Oil Recycling Act of
1980; see Section 3012 from the Solid Waste Disposal Act
Amendments of 1980, above.—Ed.]
"restrictions on recycled oil
"Sec. 3012. Not later than one year after the date of the enactment of this
section, the Administrator shall promulgate regulations establishing such per-
formance standards and other requirements as may be necessary to protect the
public health and the environment from hazards associated with recycled oil. In
developing such regulations, the Administrator shall conduct an analysis of the
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economic impact of the regulations on the oil recycling industry. The Adminis-
trator shall ensure that such regulations do not discourage the recovery or recycling
of used oil.
"MONITORING, ANALYSIS, AND TESTING
"Sec. 3013. (a) Authority of Administrator.—If the Adminis-
trator determines, upon receipt of any information, that—
"(1) the presence of any hazardous waste at a facility or site
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29
Jor aZ XlytZ^Zn Admi^
may exercise the authorities set forth in section MO^ paragraph (1)>
"(e/ Enforcement.—The Administrator J?
action against any person who fails or refuses to°™mn?Ce °i,Clvil
order issued under this section. Such action shall T* arty
United States district court in which tte jZ/Ljt be,brouKht w the
sides, or is doing business Such court shall LveMMiMonlo n
quire compliance with such order and to n J"rfsaictlon t(l re'
* exceed $5,000 for each day durin* wH^VcZt%™o^l
"Subtitle D—State or Regional Solid Waste Plans
OBJECTIVES OF SUBTITLE
"s"'- 4H01' Th" of this subtitle are to assist in develop.™
and eiK-.Hinjging methods fop the d.sposal of solid waste w ,1-h are
;4nvm>miH'ntally sound and winch mnvimiye tho nfii,-,..*- * V r.
including energy and materials which are recovembUfamfolidllZt*
and to encourage resource conservation. Such objectives are waste
to be accomplished through Federal technical and financial assistance
to states or regional authorities for comprehensive planning pursuant
to Inderal guidelines designed to Wer cooperation among Federal
State, and local governments and private industry. 1
"federal guidelines fok plans
"Sec. 400'2. (a) Guidelines for Identification of Regions.—For
purposes of encouraging and facilitating the development of regional
planning for solid waste management, the Administrator, within one
hundred and eighty days after the date of enactment of this section
and after cpnsultation with appropriate Federal, State, and local
authorities, shall by regulation publish guidelines for the identification
of those areas which have common solid waste management problems
and are appropriate units for planning regional solid waste manage-
ment sen ices. Such guidelines snail consider—
"(1) the size and location of areas which should be included,
" (2) the volume of solid waste which should be included, and
"(3) the available means of coordinating regional planning
with other related regional planning and for coordination of such
regional planning into the State plan.
"(b) Guidelines for State Plans.—Not later than eighteen months
after the date of enactment of this section and after notice and hearing,
the Administrator shall, after consultation with appropriate Federal,
State, and local authorities, promulgate regulations containing guide-
lines to assist in the development and implementation of State solid
waste management plans (hereinafter in this title referred to as 'State
plans'). The guidelines shall contain methods for achieving the objec-
tives specified in section 4001. Such guidelines shall be reviewed from
time to time, but not less frequently than every three years, and revised
as may be appropriate.
"(c) Considerations for State Plan Guidelines.—The guidelines
promulgated under subsection (b) shall consider—
"(1) fiie varying regional, geologic, hydrologic, climatic, and
other circumstances under which different solid waste practices are
required in order to insure the reasonable protection of the quality
of the ground and surface waters from leaehate contamination,
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30
the reasonable protection of the quality of the surfac<• waters
from surface runoff contamination, and the reasonable protection
of ambient air quality;
¦'(2) characteristics atul conditions of collection, storage, proc-
essing, and disposal operating methods, techniques and practices,
and location of facilities where such operating methods, tech-
niques, and practices are conducted, taking into account the nature
of tire material to be disposed;
"(3) methods for closing or upgrading open dumj>s for pur-
poses of eliminating potential health hazards;
"(4) population density, distribution, and projected growth;
"(5) geographic, geologic, climatic, and hydrologic character-
istics ;
" (6) the type and location of transportation ;
(7) the profile of industries;
"(8) the constituents and generation rates of waste;
"(9) the political, economic, organizational, financial, and
management problems affecting comprehensive solid waste,
management;
"(10) types of resource recovery facilities and resource, conser-
vation systems which are appropriate; and
''(11) available new and ;wlditional markets for lecovered
material and energy and energy resources recovered from solid
waste as well as methods for conserving such materials and
energy.
REQUIREMENTS FOR Al*PROVAL OF FLANS
''Sec. 4003. (a) Minimum Requirements.— In urtier to
approved under section 4007, each .State plan must comply with
the following minimum requirements—
"(1) The plan shall identify' (in accordance with section
4006(b)) (A) the responsibilities of State, local, and regional
authorities in the implementation of the State plan, (H) the dis-
tribution of Federal funds to the authorities responsible for
development and implementation of the State plan, and ((') the
means for coordinating regional planning and implementation
under the State plan.
"(2) The plan shall, in accordance with sections 4004(b) and 4005(a)
prohibit the establishment of new open dumps within the State,
and contain requirements that all solid waste (including solid
waste originating in other Stales, but not including hazardous
waste) shall be (A) utilized for resource recovery or (B) dis-
posed of in sanitary landfills (within the meaning of section
4004(a)) or otherwise disposed of in an environmentally sound
manner.
u(3) The plan shall provide for the'closing or upgrading of
all existing open dumps within the State pursuant to the require-
ments of section 4005.
"(4) The plan shall provide for the establishment of such State
regulatory powers as may be necessary to implement the plan.
"(a) The plan shall provide that nogfafe or local governnunt
within the StAte shall be prohibited under State or local law from negotiating
and entering into long-term contracts for the supply of solid waste to
resource recovery facilities, from entering into long-term contracts
for the operation of such facilities, or from securing long-term
markets for material and energy recovered from such facilities
or for conserving materials or energy by reducing the volume of
waste.
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31
"(6) The plan shall provide for such resource conservation or
recovery and for the disposal of solid waste in sanitary landfills
or any combination of practices so as may be necesst.ry to use
or dispose of such waste in a manner that is environmentally
sound.
[This subsection (b) is from the Solid Waste Disposal Act
Amendments of 1980; see subsection (b) from the Used Oil
Recycling Act of 1980, below.—Ed.]
"(b) Energy and Materials Conservation and Recovery Fea-
sibility Planning and Assistance.—(1) A State which has a plan
approved under this subtitle or which has submitted a plan for
such approval shall be eligible for assistance under section
4008(aXS) if the Administrator determines that under such plan the
State will—
"(A) analyze and determine the economic and technical feasi-
bility of facilities and programs to conserve resources which
contribute to the waste stream or to recover energy and materi-
als from municipal waste;
'(B) analyze the legal, institutional, and economic impedi-
ments to the development of systems and facilities for conserva-
tion of energy or materials which contribute to the waste stream
or for the recovery of energy and materials from municipal
waste and make recommendations to appropriate governmental
authorities for overcoming such impediments;
"(C) assist municipalities within the State in developing
plans, programs, and projects to conserve resources or recover
energy and materials from municipal waste; and
"(D) coordinate the resource conservation and recovery plan-
ning under subparagraph (C).
"(2) The analysis referred to in paragraph (IXA) shall include—
"(A) the evaluation of, and establishment of priorities among,
market opportunities for industrial and commercial users of all
types (including public utilities and industrial parks) to utilize
energy and materials recovered from municipal waste;
"(B) comparisons of the relative costs of energy recovered from
municipal waste in relation to the costs of energy derived from
fossil fuels and other sources;
"(C) studies of the transportation and storage problems and
other problems associated with the development of energy and
materials recovery technology, including curbside source separa-
tion;
"(D) the evaluation and establishment of priorities among
ways of conserving energy or materials which contribute to the
waste stream;
"(E) comparison of the relative total costs between conserving
resources and disposing of or recovering such waste; and
"(F) studies of impediments to resource conservation or recov-
ery, including business practices, transportion requirements, or
storage difficulties.
Such studies and analyses shall also include studies of other
sources of solid waste from which energy and materials may be re-
covered or minimized.
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32 [This subsection (b) is from the Used Oil Recycling Act of
1980; see subsection (b) from the Solid Waste Disposal Act
Amendments of 1980, above.--Ed.]
"(b) Discretionary Plan Provisions Relating to Recycled Oil.—Any
State plan submitted under this subtitle may include, at the option of the State,
provisions to carry out each of the following:
"(1) Encouragement, to the maximum extent feasible and consistent with
the protection of the public health and the environment, of the use of recycled
oil in all appropriate areas of State and local government.
"(2) Encouragement of persons contracting with the State to use recycled
oil to the maximum extent feasible, consistent with protection of the public
health and the environment.
"(3) Informing the public of the uses of recycled oil.
"(4) Establishment and implementation of a program (including any
necessary licensing of persons and including the use, where appropriate, of
manifests) to assure that used oil is collected, transported, treated, stored,
reused, and disposed of, in a manner which does not present a hazard to the
public health or the environment.
Any_plan submitted under this title before the date of the enactment of the Used
Oil Recycling Act of 1980 may be amended, at the option of the State, at any
tune after sruch date to include any provision referred to in this subsection.
'VltlTWtA POK SANITARY LANDFILLS; SANITARY LANDFILLS RMJUIRKD I OH
ALL DISPOSAL
"Skc. 4004. (a) Cmtkria for San itaky Landfills.— Not later than
one year after the date of enactment of this section, after consultation
with the, States, and after notice and public hearings, the Administra-
tor shall promulgate regulations containing criteria for determining
which facilities shall be classified as sanitary landfills and which shall
be classified as open dumps within the meaning of this Act. At a
minimum, such criteria shall provide that a facility may be classified
as a sanitary landfill and not an open dump only if there is no reason-
able probability of adverse effects on health or the environment from
disposal of solid waste at such facility. Such regulations may provide
for the classification of the typesof sanitary landfills.
"(b) Disposal Kf.ose.s of complying with section 4003(2) each State plan shall
prohibit the establishment of open dumps and contain a requirement
that disposal of all solid waste within the State shall be in compliance,
with such section 4003(2).
"* (c) Kkkri-tive Datk.—The prohibition contained in subsection (b)
shall take effect on the date six months after the date of promulgation
of regulations under subsection (a) or on the date of approval of
the State plan, whichever is later.
"upqrading or open dumps
"Sw. 4005.
" (a) Closing or Upgradi.no of Kxistinc Open Dumps.— Upon
promulgation of criteria under section 1008(a)(J), any solid
waste management practice or disposal of solid waste or hazardous
waste which constitutes the open dumping of solid waste or hazardous
waste >s prohibited, except in the case of any practice or disposal of
solid waste under a timetable or schedule for compliance established
I"?rJA18 STtioiV *'or cf complying wnh section 40o»t•_>) and 4003(3)
each fttate plan shall contain a requirement that all existing disposal
facilities or sites for solid waste in such State which are oDen
listed in the inventory under subnotion (b) shall complv^ Jth 3
as \m-' ]* b.v Administrator to eliminate
health hazards and minimize i>otential health hazards. Kach such t>l«n
shall establish, for any entity which demonstrates that it ha< con-
sidered other public or private alternatives for solid waste management
to comply wit h the prohibition on open dumping and is unable to util ize
such alternatives to so comply, a timetable or schedule for comuliance
for such practice or disposal of solid waste which specifics a schedule
of remedial measures, including an enforceable sequence of action - or
operations, leading to compliance with the prohibition on open .limit)
mg of solid waste within a reasonable time \not to exceed
date of publication of criteria under section 1008(a)(3) ),
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-(h) r° ussist th*- Slates in complying uith section 33
¦!>. not h\W\ than one year after promulgation of regulation
under section 4004. tlie Administrator, with the coopera-
tion of file Bureau of the Census sliall publish an inventory of all dis
posal facilities or sites in the I'nited States winch are open duiims
within the meaning of this Art K
"PROCEDURE FOR DEVELOPMENT AND IMPLEMENTATION OF STATE PLAN
"Sec. 4006. (a) Identification of Regions.—Within one hundred
and eighty days after publication of guidelines under section 4002(a)
(relating to identification of regions), the Governor of each State, after
consultation with local elected officials, shall promulgate regulations
based on such guidelines identifying the boundaries of each area within
the State which, as a result of urban concentrations, geographic con-
ditions, markets, and other factors, is appropriate for carrying out
regional solid waste management. Such regulations may be modified
from time to time (identifying additional or different regions) pur-
suant to such guidelines.
"(b) Identification or State and Local Agencies and Responsi-
bilities.— (1) Within one hundred and eighty days after the Governor
promulgates regulations under subsection (a), for purposes of facili-
tating the development and implementation of a State plan which will
meet the minimum requirements of section 4003, the State, together
with appropriate elected officials of general purpose units of local gov-
ernment, shall jointly (A) identify an agency to develop the State
plan and identify one or more agencies to implement Suoh plan, and
(B) identify which solid waste management activities will, under such State plan
be planned for and carried out by the State and which such management activities'
will, under suoh State plan, be planned for and carried out by a
regional or local authority or a combination of regional or local and
State authorities. If a multi-functional regional agency authorized by
State law to conduct solid waste planning and management (the mem-
bers of which are appointed by the Governor) is in existence on the
date of enactment of this Act, the Governor shall identify such author-
ity for purposes of canning out within such region clause (A) of this
paragraph. Where feasible, designation of the Agency for the affected
area designated under section 208 of the Federal Water Pollution
Control Act (86 Stat. 839) shall be considered. A State agency identi-
fied under this paragraph shall be established or designated by the
Governor of such State. Local or regional agencies identified under
this paragraph shall be composed of individuals at least a majority of
whom are elected local officials.
u(2) If planning and implementation agencies are not identified
and designated or established, as required under paragraph (1) for any
affected area, the governor shall, before the date twohundred and sev-
enty days after promulgation of regulations under subsection (a),
establish or designate a State agency to develop and implement the
State plan for suoh area.
"(c) Interstate Regions.—(1) In the case of any region which,
pursuant to the guidelines published by the Administrator under sec-
tion 4002(a) (relating to identification of regions), would be located
in two or more States, the Governors of the respective States, after
consultation with local elected officials, shall consult, cooperate, and
enter into agreements identifying the boundaries of such region pur-
suant to subsection (a).
"(2) Within one hundred and eighty days after an interstate region
is identified by agreement under paragraph (1), appropriate elected
officials of general purpose units of local government within such
region shall jointly establish or designate an agency to develop a plan
for such region. If no such agency is established or designaJ/ed within
such period by such officials, the Governors of the respective States
may, by agreement, establish or designate for such purpose a single
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34
representative organization including elected officials of general pur-
pose units of local government within such region.
"(•'M Implementation of interstate regional solid waste management
plans shall l>c conducted by units of local government for any portion
of a region wit hin I heir jurisdiction, or multi jurisdictional agencies
or authorities designated in accordance with Stat* law, including those
designated by agreement by such units of local government for such
purpose. If no such unit, agency, or authority is so designated, the
respective Governors shall designate or establish a single interstate
agency to implement such plan.
"(4) For purposes of this subtitle, so much of an interstate regional
plan as is carried out within a particular State shall be deemed part
of the State plan for such State.
"ai'F'ROVAIj or HTATE PIaAN ; FEDERAL, ASSISTANCE
"Sw. 4iM>7. (a) IYan Aitrovai,. -The Administrator shall, within
six months after a State plan has bee-n submitted for approval, approve
or disapprove the plan. The Administrator shall approve a plan if he
determines that-—
"(1) it meets the requirements of paragraphs (1), ('2), (3), and
(.%) of section 400H; and
*'(2) it contains provision for revision of such plan, after notice
and public hearing, whenever the Administrator, by regulation,
determines—
U(A) that revised regulations respecting minimum require-
ments have U'en promulgated under paragraphs (1), (2), (3),
and (.r») of section 400;i with which the State plan is not in
compliance;
"(H) that information has become available which demon-
strates the inadequacy of the plan to effectuate the purposes
of this subtitle; or
"((') that such revision is otherwise necessary.
The Administrator shall review approved plans from time to time and
if he determines that revision or corrections are necessary to bring
such plan into compliance with the minimum requirements promul-
gated under section 4K within the period required
under such section and if such State has a State plan which has been
approveiI by the Administrator under this subtitle.
"(2) 1 he Administrator shall approve a State application for
financial assistance under this subtitle, and make grants to such State,
for fiscal years and 1979 if the Administrator determines that
the State plan continues to be eligible for approval under subsection
(.a) and is In'ing implemented by the State.
lTpon withdrawal of approval of a State plan under subsection
(a), the Administrator shall withhold Federal financial and technical
:»««stnnce under this subtitle (other than such technical assistance as
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35
nlng or management wh.ch are carried out bfsute, regional, orYoaJ
£££5**tt&£££^jSZ3S& with *suu p,M
"federal assistance
"Sec. 4008. (a) Authorization or Federal Financial Assist-
ance.—
"(1) There are authorized to be appropriated $30,000,000 for
fiscal year 197B, U°,000,000[for fiscalyear 1979, $20,000,000 for
fiscal year 1980, $15,000,000 for fiscal year 1981, and
$20,000,000 for fiscal year 1982 for purposes of financial assist-
ance to States and local, regional, and interstate authorities for
the development and implementation of plans approved by the
Administrator under this subtitle (other than the provisions of
such plans referred to in section 4003(b), relating to feasibility
planning for municipal waste energy and materials conserva-
tion and recovery).
"(2) (A) The Administrator is authorized to provide financial
assistance to States, counties, municipalities, and intermunicipal agen-
cies and State and local public solid waste management authorities for
implementation of programs to provide solid waste management,
resource recovery, and resource conservation services and hazardous
waste management. Such assistance shall include assistance for facility
planning and feasibility studies; expert consultation; surveys and
analyses of market needs; marketing of recovered resources; tech-
nology assessments; legal expenses; construction feasibility studies;
source separation projects; and fiscal or economic investigations or
studies; but such assistance shall not include any other element of con-
struction, or any acquisition of land or interest in land, or any subsidy
for the price of recovered resources. Agencies assisted under this sub-
section shall consider existing solid waste management and hazardous
waste management services and facilities as well as facilities proposed
for construction.
"(B) An applicant for financial assistance under this paragraph
must agree to comply with respect to the project or program assisted
with the applicable requirements of section 4005 and Subtitle C of this
Act and apply applicable solid waste management practices, methods,
and levels of control consistent with any guidelines published pur-
suant to section 1008 of this Act. Assistance under this paragraph shall
be available only for programs certified by the State to be consistent
with any applicable State or areawide solid waste management plan or
program. Applicants for technical and finan-
cial assistance under this section shall not preclude or foreclose con-
sideration of programs for the recovery of recyclable materials
through source separation or other resource recovery techniques.
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«(C) There are authorized to be appropriated $15,000,000 for each
of the fiscal years 1978 and 1979 for purpose, of this section
oi in* usuu y a There are authorized to be appro-
¦ * ^ tin/vmnnn fnr fiscal year 1980, $10,000,000 for fiscal year
Pmi Jd &0,oh for fiscal year 1982 for purposes of this para-
"wtA> rto* is
Odlt&'r'f %tee$i',m,o6o for purposes of making grants to States
tocarry 'out section 4003(b). lie amount ^
such purposes for the fiscal year beginning on October 1, 1986, or for
"^WA'jStai^pnvided by the Administrator under this para-
graph shall be Jsed only for the purges specified m section
4003(b). Such assistance may not be used for purposes of land ^qui-
tition, final facility design, equipment purchase, construction, start-
UP'°(C)^Where appropriate, any State receiving assistance under this
paragraph may make all or any part of such assistance available to
municipalities within the State to carry out the activities specified
in section 4003(bXlXA) and (B).
" (b) State Allotment.- The sums appropriated in any fiscal year
under subsection (a) (1) shall be allotted by the Administrator among
all States, in the ratio that the population m each State Dears to the
population in all of the States, except that no State shall receive lees
than one-half of 1 per centum of the sums so allotted in any fiscal year.
No State shall receive any grant under this section during any fiscal
year when its expenditures of non-Federal funds for other than non-
recurrent expenditures for solid waste management control programs
will be less than its expenditures were for such programs during: fiscal
year 1975, except that such funds may be reduced by an amount equal
to their proportionate share of anv general reduction of SUte spend-
ing ordered by the Governor or legislature of such State. No State
shall receive any grant for solid waste management programs unless
the Administrator is satisfied that such grant will be so used as to
supplement and, to the .extent practicable, increase the level of State,
local, regional, or other non-Federal funds that would in the absence
of such grant be made available for the maintenance of such programs.
"(c) Distribution' or Federal. Financial Assistance Within the
Statk.—The Federal assistance allotted to the States under subsection
' (b) shall be allocated by the State receiving such funds to State, local,
regional, and interstate authorities carrying out planning and imple-
mentation of the State plan. Such allocation shall be based upon the
responsibilities of the respective parties as determined pursuant to
section 4006(b).
u(d) Technical AssisTANCE.(l)The Administrator may provide
technical assistance to State and local governments for purposes of
developing and implementing State plans. Technical assistance
respecting resource recovery and conservation may be provided
through resource recovery and conservation panels, established in the
Environmental Protection Agency under subtitle B, to assist the State
and local governments with respect to particular resource recovery
and conservation projects under consideration and to evaluate their
effect on the State plan.
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[This subsection (2) is from the Solid Waste Disposal Act
Amendments of 1980; see subsection (2) from the Used Oil
Recycling Act of 1980, below.—Ed.]
"fJV In carrying out this subsection, the Administrator is author-
ized to provide technical assistance to States, municipalities. region-
al authorities, and intermunicipal agencies upon request, to assist
in the removal or modification of legal, institutional, and economic
impediments which have the effect of impeding the development of
systems and facilities to recover energy and materials from munici-
pal waste or to conserve energy or materials which contribute to the
waste stream. Such impediments may include—
''(A) laws, regulations, and policies, including State and local
procurement policies, which are not favorable to resource conser-
vation and recovery policies, systems, and facilities;
B) impedimen ts to the financing of facilities to conserve or
recover energy and materials from municipal waste through the
exercise of State and local authority to issue revenue bonds and
the use of State and local credit assistance; and.
"(Ci impediments to institutional arrangements necessary to
undertake projects for the conservation or recovery of energy
and materials from municipal waste, including the creation of
special districts, authorities, or corporations where necessary
having the power to secure the supply of waste of a project, to
conserve resources, to implement the project, and to undertake
related activities.
[This subsection (2) is from the Used Oil Recycling Act of
1980; see subsection (2) from the Solid Waste Disposal Act
Amendments of 1980, above.—Ed.]
"(2) In carrying out this subsection, the Administrator may, upon request,
provide technical assistance to States to assist in the remova] or modification of
legal, institutional, economic, and other impediments to the recycling of used
oil. Such impediments may include laws, regulations, and policies, including
State procurement policies, which are not favorable to the recycling of used oil.
,4(e) Special Communities.— (1) The Administrator, in coopera-
tion with State and local officials, shall identify.local governments within-
the United States {A)havinga solid waste disposal facility (i)
which is owned by the unit of local government, (ii) for which
an order has been issued by the State to cease receiving solid
waste for treatment, storage, or disposal, and (iii) which is sub-
ject to a State-approved end-use recreation plan and (B) which
are located over an aquifer which is the source of drinking water
for any person or public water system and which has serious
environmental problems resulting from the disposal of such sojid waste,
including possible methane migration.
"(•J) There is authorized to be appropriated to the Administrator
$2,f>ixi.uoo for the fiscal year 1980 and $1,500,000 for each of
the fiscal years 1981 and 1982 to make grants to Ik> used for contain-
ment and stabilization of solid waste located at the disposal
sites referred to in paragraph (1). Not more than one. community in
any State shall be eligible for grants under this paragraph and not
more than one project in any State shall be eligible for such grants. No
unit of local government shall be eligible for grants under this
paragraph with respect to any site which exceeds 65 acres in size.
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r , . . .. fr0m the Solid Waste Disposal Act
Amendments of 1980; see subsection (f) from the Used Oil
Recycling Act of 1980, below.—Ed.J
• / to McsiarAUTi& rox ExEsar A™
CnxtFRVATIOY 4YD RECOVERY PlASM^G ACTIMTIES. il I ie /ia
nTn^tra'tort authorized to make grants to municipalities. regional
minisiraior u> uu, . ¦ , aeenctes to cam• out activities de-
emnts mavbemale onh pursuant to an application submitted to
'he £%':T%cho%ist:<
ZTat %'al: plana7pJ™ submitted under this subtitle or
any other appropriate planning carried out bs the State
"t°> There is authorized to be appropriated for the fiscal year be-
ginning October 1. 1981. and for each fiscal s-ear thereafter before
October 1 1986. S8.000.000 for purposes of making grants to mumci-
palities under this subsection. No amount may be appropriated for
such purposes for the fiscal year beginning on October 1. 1986. or for
anv fiscal year thereafter. j *u- l
uiJ) Assistance provided by the Administrator under this subsec-
tion shall be used only for the purposes specified in paragraph (IK
Such assistance mar not be used for purposes of land acquisition,
final facility design, equipment purchase, construction, startup or
operation activities.
[This subsection (f) is from the Used Oil Recycling Act of
1980; see subsection (f) from the Solid Waste Disposal Act
Amendments of 1980, above.—Ed.]
"(f) Assistance to States rps Discretionary Program For Recycled
Oil. (1) The Administrator may make grants to States, which have a State
plan approved under section 4007, or which have submitted a State plan for
approval under such section, if such plan includes the discretionary provisions
described in section 4003(b). Grants under this subsection shall be for purposes of
assisting the State in carrying out such discretionary provisions. No grant under
this subsection may be used for construction or for the acquisition of land or
under this subsection shall be alloted among the States in the
same manner as provided in the first sentence of subsection (b).
"(3) No grant may be made under this subsection unless an application therefor
is submitted to, and approved by, the Administrator. The application shall be
in such form, be submitted in such manner, and contain such information as
the- Administrator may require. „
"(4) For purposes of malting grants under this subsection, there are authorized
to be appropriated $5,000,000 for fiscal year 1982 and $5,000,000 for fiscal year
1983.
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"RURAL COMMUNITIES assistance
"Sec. 4009. (a) Ix General.—The Administrator shall make grants
to states to provide assistance to municipalities with a population of
five thousand or less, or counties with a population of ten thousand or
less or less than twenty ^rsons per square mile and not within a
metropolitan area, for solid waste management facilities (including
equipment) necessary to meet the requirements of section 4005 of this
Act or restrictions on open burning or other requirements arising
under the Clean Air Act or the Federal Water Pollution Control Act
Such assistance shall only be available—
u(l) to any municipality or county which could not feasibly
be included in a solid waste management system or facility serving
an urbanized, multijurisdictiona) area because of its distance
from such systems;
"(2) where existing or planned solid waste management serv-
ices or facilities are unavailable or insufficient to comply with the
requirements of section 4005 of this Act; and
"(3) for systems which are certified by the State to be con-
sistent with any plans or programs established under any State
or area wide planning process.
"(b) Allotment.—The Administrator shall allot the sums appro-
priated to carry out this section in any fiscal year among the States
in accordance with regulations promulgated by him on the basis of
the average of the ratio which the population of rural areas of each
State bears to the total population of rural areas of all the States, the
ratio which the population of counties in each State having less than
twenty persons per square mile bears to the total population of such
counties in all the States, and the ratio which the population of such
low-density counties in each State having 33 per centum or more of
all families with incomes not in excess of 125 per centum of the pov-
erty level bears to the total population of such counties in all the
States.
"(c) Limit.—The amount of any grant under this section shall not
exceed 75 per centum of the costs of the project No assistance under
this section shall be available for the acquisition of land or interests
in land.
"(d) Appropriations.—There are authorized to be appropriated
$25,000,000 for each of the fiscal years 1978 and 1979 to carry out this
section. There are authorized to be appropriated
$10,000,000 for the fiscal year 1980 and $15,000,000 for each of the
fiscal years 1981 and 1982 to carry out this section.
"Subtitle E—Duties of the Secretary of Commerce in Resource and
Recovery
"functions
"Sec. 5001. The Secretary of Commerce shall encourage greater
commercialization of proven resource recovery technology by pro-
viding—
"(1) accurate specifications for recovered materials;
"(2) stimulation of development of markets for recovered
materials;
"(3) promotion of proven technology; and
"(4) a forum for tne exchange of technical and economic data
relating to resource recovery facilities.
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"development of specifications for secondary materials
"Sec 5002 The Secretary of Commerce, acting through the
National Bureau of Standards, and in conjunction with national
standards-setting organizations in resource recovery, shall, after
public hearings, and not later than two years after
September 1, 1979 publish guidelines for the development of
specifications for the classification of materials recovered from waste
which were destined for disposal.. The specifications shall pertain to
the physical and chemical properties and characteristics of such mate-
rials with regard to their use in replacing virgin materials m various
industrial, commercial, and governmental uses. In establishing such
guidelines the Secretary shall also, to the extent feasible, provide such
information as may be necessary to aaust Federal agencies with pro-
curement of items containing recovered materials. The Secretary shall
continue to cooperate with national standards;setting organizations,
as may be necessary, to encourage the publication, promulgation and
updating of standards for recovered materials and for the use of
recovered materials in various industrial, commercial, and govern-
mental uses.
"development of markets for recovered materials
"Sec 5003. The Secretary of Commerce shall within two years
after " September 1, 1979, take such actions as may be necessary
"(1) identify the geographical location of existing or poten-
tial markets for recovered materials:
M (2) identify the economic and technical barriers to the use of
recovered materials; and
"(3) encourage the development of new uses for recovered
materials.
"techxoluqy promotion
"Sec. 5004. The Secretary of Commerce is authorized to evaluate
the commercial feasibility of resource recovery facilities and to pub-
lish the results of such evaluation, and to develop a data base for
purposes of assisting persons in loosing such a system.
"nondiscrimination requirement
"Sec. 5005. In establishing any policies which may affect the de-
velopment of new markets for recovered materials and in making
any determination concerning whether or not to impose monitoring
or other controls on any marketing or transfer of recovered materi-
als, the Secretary of Commerce may consider whether to establish
the same or similar policies or impose the same or similar monitor-
ing or other controls on virgin materials.
"authorization of appropriations
"Sec. 5006. There are authorized to be appropriated to the Secre-
tary of Commerce $5,000,000 for each of fiscal years 1980, 1981, and
1982 to carry out the purposes of this subtitle.
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"Subtitle F—Federal Responsibilities
"application or federal, state, and local, law to
FEDERAL FACILITIES
"Sec. 6001. Each department, agency, and instrumentality of the
executive, legislative, and judicial branches of the Federal Govern-
ment (1) having jurisdiction over any solid waste management
facility or disposal site, or (2) engaged in any activity resulting, or
which may result, in the disposal or management of solid waste or
hazardous waste
shall be subject to, and comply with, all Federal, State, interstate, and
local requirements, both siibstantive and procedural (including any
requirement for permits or reporting or any provisions for injunctive
relief and such sanctions as may be imposed by a court to enforce
such relief), respecting control ahd abatement of solid waste or
hazardous waste disposal in the same manner, and to the same extent,
as any person is subject to such requirements, including the payment
of reasonable service charges. Neither the United States, nor any
agent, employee, or officer thereof, shall be immune or exempt from
any process or sanction of any State or Federal Court with respect
to the enforcement of any such injunctive relief. The President may
exempt any solid fraste management facility of any department,
agency, or instrumentality in the executive branch from compliance
with such a requirement if he determines it to be in the paramount
interest of the United States to do so. No such exemption shall be
granted due to lack of appropriation unless the President shall have
specifically requested such appropriation as a part of the budgetary
process and the Congress snail nave failed to make available such
requested appropriation. Any exemption shall be for a period not in
excess of one year, but additional exemptions may be granted for
periods not to exceed one year upon the President's making a new
determination. The President shall report each January to tne Con-
Sress all exemptions from the requirements of this section granted
uring the preceding calendar year, together with his reason for
granting each such exemption.
"federal procurement
"Sec. 6002. (a) Application of Section.—Except as provided in
subsection (b), a procuring agency shall comply with the require-
ments set forth in this section and any regulations issued under this
section, with respect to any purchase or acquisition of a procurement
item wliere the purchase price of the item exceeds $10,000 or where the
quantity of such items or of functionally equivalent items purchased
or acquired in the course of the preceding fiscal year was $10,000 or
more.
"(b) Procurement Subject to Other Law.—Any procurement,
by any procuring agency, which is subject to regulations of the
Administrator under section 6004 (as promulgated before the date of
enactment of this section under comparable provisions of prior law)
shall not be subject to the requirements of this section to the extent
that such requirements are inconsistent with such regulations.
"(c) Requirements.—(1) After the date specified in
applicable guidelines prepared pursuant to subsection (e) of this
section, each procuring agency which procures any items desig-
nated in such guidelines shall procure such items composed of
the highest percentage of recovered materials practicable, con-
sistent with maintaining a satisfactory level of competition,
considering such guidelines.
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42
The decision not to procure such items shall be based on a determination
U>atsu^p^r^enUt^s^y available within a reasonable period
°* 'fail to meet the performance standards set forth in the
aDDlicable specifications or fail to meet the reasonable perform-
S^yrSofSe procuring agencies; or A ^
'vcf are only avwiable at an unreasonable price. Any deter-
mination under subparagraph shall be made on the basis of
the guidelines of the Bureau of Standards in any case in which such
material is covered by such guidelines.
"(2) Agencies that generate heat, mechamcal,or electrical energy
from fosaffSS in systems that have the technical capability of using
energy or fuels derived from solid waste as a primary
or suppfi^entary fuel shall use such capability to the maximum
eX^)$5^t5tedate specified in any applicable guidelines prepared
pursuant to subsection (e) of this section, contracting officers shall
^^^A^ertify^that the percentage of recovered materials to
be used in the performance of the contract will be at least
the amount required by applicable specifications or other
contractual requirements and
"(B) estimate the percentage of the total material utilized
for the performance of the contract which is recovered ma-
"(d) Specifications.—A11 Federal agencies that have the respon-
sibility for drafting or reviewing specifications for procurement
items procured by Federal agencies shall—
"(1) as expeditiously as possible but in any event no later
than five years after the date of enactment of this Act, elimi-
nate from such specifications .
"(A) any exclusion ofrecovered materials and
"(B) any requirement that items be manufactured from
virgin materials; and * .,. . .
"(2) within one year after the date of publication of applica-
ble guidelines under subsection (e)t or as otherwise specified in
such guidelines, assure that such specifications require the use
ofrecovered materials to the maximum extent possible without
jeopardizing the intended end use of the item.
"(e) GmnKuiNxs.—The Administrator, after consultation with the
Administrator of General Services, the Secretary of Commerce (act-
ing through the Bureau of Standards), and the Public Printer, shall
prepare, and from time to time revise, guidelines for the use of
procuring agencies in complying with the requirements of this section.
Such guidelines shall—
"(1) designate those items which are or can be produced with
recovered materials and whose procurement by procuring agen-
cies will carry out the objectives of this section; and
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"(2) set forth recommended practices with respect to the pro-
curement of recovered materials and items containing such ma-
terials ana with respect to certification by vendors of the per-
centage of recovered materials used,
and shall provide information as to the availability, relative price,
and performance of such materials and items and where appropri-
ate shall recommend the level of recovered material to be contained
in the procured product. The Administrator shall prepare final
guidelines for at least three product categories, including paper, by
May 1, 19el, and for two additional product categories, including
construction materials, by September 30, 1982. In making the desig-
nation under paragraph (1). the Administrator shall consider, but is
not limited in his considerations, to—
"(A) the availability of such items;
"(B) the impact of the procurement of such items by procuring
agencies on the volume of solid waste which must be treated,
stored or disposed of;
"(C) the economic and technological feasibility of producing
and using such items; and
" (D) other uses for such recovered materials.
"(f) Procurement of Services.—A procuring agency shall, to the
maximum extent practicable, manage or arrange for the procurement
of solid waste management services in a manner which maximizes
energy and resource recovery.
"(g) Executive Office.—The Office of Procurement Policy in
the Executive Office of the President, in cooperation with the Admin-
istrator, shall implement the policy expressed in this section. It shall
be the responsibility of the Office of Procurement Policy to coordinate
this policy with other policies for Federal procurement, in such a
way as to maximize the use of recovered resources, and to annually
report to the Congress on actions taken by Federal agencies and the
progress made in the implementation of such policy.
"COOPERATION WITH THE ENVIRONMENTAL PROTECTION AGENCY
"Sec. 6003. (a) General Rule.—All Federal agencies shall assist
the Administrator in carrying out his functions under this Act and
shall promptly make available all requested information concerning
past or present Agency waste management practices and past or
present Agency owned, leased, or operated solid or hazardous (vaste
facilities. This information shall be provided in such format as may
be determined by the Administrator:
"(b) Information Relating to Energy and Materials Conser-
vation and Recovery.—The Administrator shall collect, maintain,
and disseminate information concerning the market potential of
energy and materials recovered from solid waste, including materi-
als obtained through source separation, and information concerning
the savings potential of conserving resources contributing to the
waste stream. The Administrator shall identify the regions in which
the increased substitution of such energy for energy derived from
fossil fuels and other sources is most likely to be feasible, and pro-
vide information on the technical and economic aspects of develop-
ing integrated resource conservation or recovery systems which pro-
vide for the recovery of source-separated materials to be recycled or
the conservation of resources. The Administrator shall utilize the
authorities of subsection (a) in carrying out this subsection.
"applicability of solid waste disposal guidelines to executive
AGENCIES
"Sec. 6004. (a) Compliance.—(1) If—
"(A) an Executive agency (as defined in section 105 of title
5, United States Code) or any unit of the legislative branch
of the Federal Government has jurisdiction over any real property
or facility the operation or administration ot which involves
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such agency in solid waste management activities, o*
"(Ii) such an agency enters into a contract with any pePson
for the operation by such person of any Federal property or
facility, and the performance of such contract involves such
person in solid waste management activities,
then such agency shall insure compliance with the guidelines recom-
mended under section 1008 and the purposes of thi£ Act in the opera*
tion cr administration of such property or facility, or the performance
of such contract, as the case may be.
"(2) Each Executive agency or any unit of the Legislative branch
of the Federal Government which conducts any activity—
U(A) which generates solid waste, and
"(B) which, if conducted by a person other than such agency,
would require a permit or license from such agency in order to
dispose of such solid waste,
shall insure compliance with such guidelines and the purposes of this
Act in conducting such activity.
"(3) Each Executive agency which permits the use of Federal
property for purposes of disposal of solid waste shall insure com-
pliance with such guidelines and the purposes of this Act in the
disposal of such waste.
'f(4) The President or the Committee on House Administration
of the House of Representatives and the Committee on Rules and
Administration of the Senate with regard to any unit of the legislative
branch of the Federal Government shall prescribe regulations to carry
out this subsection.
"(b) Licenses and Permits.—Each Executive agency which issues
any license or permit for disposal of solid waste shall, prior to the
issuance of such license or permit, consult with the Administrator to
insure compliance with guidelines recommended under section 1008
and the purposes of this Act.
"Subtitle (J—Miscellaneous Provision*
"EMPLOYEE FROTEtrriON
"Sec. 7001. (a) General.—No person shall fire, or in any other
way discriminate against, or cause to Be fired or discriminated against,
any employee or any authorized representative of employees by reason
of the fact that such employee or representative has filed, instituted,
or caused to be filed or instituted any proceeding under this Act or
under any applicable implementation plan, or has testified or is about
to testify in any proceeding resulting from the administration or
enforcement of the provisions of this Act or of any applicable
implementation plan.
"(b) Rkmri>y.—Any employee or a representative of employees who
l>elu»v*es that he has been fired or otherwise discriminated against by
any person in violation of subsection (a) of this section may, within
thirty days after such alleged violation occurs, apply to the Secretary
of Labor for a review of such firing or alleged discrimination. A copy
of the application shall be sent to such person whoshjull be the respond-
ent. Upon receipt of such application, the Secretary of Labor shall
cause such investigation to be made as he deems appropriate. Such
investigation shall provide an opportunity for a public hearing at the
request of any party to such review to enable the parties to present
information relating to such alleged violation. The parties shall be
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given written notice of the time and place of the hearing at least five
days prior to the hearing. Any such hearing shall be of record and
shull be subject to section 554 01 title 5 of the United States Code. Upon
receiving the report- of puch investigation, the Secretary of Labor shall
make findings of fact. If he finds that such violation did occur, he shall
issue a decision, incorporating an order therein and his findings, requir-
ing the party committing such violation to take such affirmative action
to abate the violation as the Secretary of Labor deems appropriate,
including, but not limited to, the rehiring or reinstatement of the
employee or representative of employees to his former position with
compensation. If he finds that there was no such violation, he shall issue
an order denying the application. Such order issued by the Secretary
of Labor under this subparagraph shall be subject to judicial review
in the same manner as orders and decisions of the Administrator or
subject to judicial review under this Act.
"(c) Costs.—Whenever an order is issued under this section to abate
such violation, at the request of the applicant, a sum equal to the
aggregate amount of all costs and expenses (including the attorney's
fees) as determined by the Secretary of Labor, to have been reasonably
inclined by the applicant for, or in connection with, the institution ana
prosecution of such proceedings, shall be assessed against the person
committing such violation.
"(d) Exception.—This section shall have no application to any
employee who, acting without direction from his employer (or his
agent) deliberately violates any requirement of this Act.
" (e) Employment Shifts and Loss.—The Administrator shall
conduct continuing evaluations of potential loss or shifts of employ-
ment which may result from the administration or enforcement of
the provisions of this Act and applicable implementation plans,
including, where appropriate, investigating threatened plant closures
or reductions in employment allegedly resulting from such adminis-
tration or enforcement. Any employee who is discharged, or laid off,
threatened with discharge or layoff, or otherwise discriminated against
by any person because of the alleged results of such administration
or enforcement, or any representative of such employee, may request
the Administrator to conduct a full investigation of the matter. The
Administrator shall thereupon investigate the matter and, at the
request of any party, shall hold public hearings on not less than five
days' notice, and shall at such hearings require the parties, including
the employer involved, to present information relating to the actual
or potential effect of such administration or enforcement on employ-
ment and on any alleged discharge, layoff, or other discrimination
and the detailed reasons or justification therefor. Any such hearing
shall be of record and shall be subject to section 554 of title 5 of the
United States Code. Upon receiving the report of such investigation,
the Administrator shall make findings of fact as to the effect of such
administration or enforcement on employment and on the alleged
discharge, layoff, or discrimination and shall make such recommenda-
tions as he deems appropriate. Such report, findings, and recommen-
dations shall be available to the public. Nothing in this subsection
shall be construed to require or authorize the Administrator or any
State to modify or withdraw any standard, limitation, or any other
requirement of this Act or any applicable implementation plan.
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"(f) Occupational Safety and Health.—In order to assist the
Secretary of Labor and the Director of the National Institute for Oc-
cupational Safety and Health in carrying out their duties under the
Occupational Safety and Health Act of 1970, the Administrator
shall—
"(1) provide the following information, as such information
becomes available, to the Secretary and the Director:
"(A) the identity of any hazardous waste generation,
treatment, storage, disposal facility or site where cleanup is
planned or underway;
"(B) information identifying the hazards to which per-
sons working at a hazardous waste generation, treatment,
storage, disposal facility or site or otherwise handling haz-
ardous waste may be exposed, the nature and extent of the
exposure, and methods to protect workers from such haz-
ards; and
"(C) incidents of worker injury or harm at a hazardous
waste generation, treatment, storage or disposal facility or
site; and
"(2) notify the Secretary and the Director of the Administra-
tor's receipt of notifications under section 3010 or reports under
sections 3002, 3003, and 3004 of this title and make such notifi-
cations and reports available to the Secretary and the Direc-
tor.
"citizen suits
"Sec. 7002. (a) In General.—Except as provided in subsection (b)
or (c) of this section, any person may commence a civil action on his
own behalf—
"(1) against any person (including (a) the United States, and
(b) any other governmental instrumentality or agency, to the
extent permitteaby the eleventh amendment to the Constitution)
who is alleged to be in violation of any permit, standard, regula-
tion, condition, requirement, or order which has become effective
pursuant to this Act; or
"(2) against the Administrator where there is alleged a failure
of the Administrator to perform any act or duty under this Act
which is not discretionary with the Administrator.
Any action under paragraph (a)(1) of this subsection shall be
brought in the district court for the district in which the alleged
violation occurred. Any action brought under, paragraph (a)(2) of
this subsection may be brought in -the district court for the district
in which the alleged violation occurred or in the District Court of
the District of Columbia. The district court shall have jurisdiction,
without regard to the amount in controversy or the citizenship of the
parties, to enforce such regulation or order, or to order the Adminis-
trator to perform such act or duty as the case may be.
"(b) Actions Prohibited.—-No action may be commenced under
paragraph (a)(1) of this section—
"(1) prior to sixty days after the plaintiff has given notice of
the violation (A) to the Administrator; (B) to the State in which
the alleged violation occurs; and (C) to any alleged violator of
such permit, standard, regulation, condition, requirement, or
order; or
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"(2) if the Administrator or State has commenced and is dili-
gently prosecuting a civil or criminal action in a court of the
United States or a State to require compliance with such permit,
standard, regulation, condition, requirement, or order: Provided,
however, That in any such action in a court of the United States,
any person may intervene as a matter of right.
"(c) Notice.—No action may be commenced under paragraph
(a) (2) of this section prior to sixty days after the plaintiff has given
notice to the Administrator that he will commence such action, except
that such action may be brought immediately after such notification in
the case of an action under this section respecting a violation of
subtitle C of this Act. Notice under this subsection shall be given in
such manner as the Administrator shall prescribe by regulation. Any
action respecting a violation under this Act may be brought under this
section only in the judicial district in which such alleged violation
occurs.
M(d) Intervention.—In any action under this section the Adminis-
trator, if not a party, may intervene as a matter of right.
"(e) Costs.—The court, in issuing any final order in any action
brought pursuant to this section, may award costs of litigation (includ-
ing reasonable attorney and expert witness fees) to any party, when-
ever the court determines such an award is appropriate. The court
may, if a temporary restraining order or preliminary injunction is
sought, require the filing of a bond or equivalent security in accord-
ance with the Federal Rules of Civil Procedure.
"(f) Other Rights Preserved.—Nothing in this section shall
restrict any right which any person (or class of persons) may have
under any statute or common law to seek enforcement of any standard
or requirement relating to the management of solid waste or hazardous
waste, or to seek any otner relief (including relief against the Adminis-
trator or a State agency).
"imminent hazard
"Sec. 7003. (a) Authority of Administrator.
Notwithstanding any other provision of this Act, upon
receipt of evidence that the handling, storage, treatment, transporta-
tion or disposal of any solid waste or hazardous waste may present
an imminent and substantial endangerment to health or the environ-
ment, the Administrator may bring suit on behalf of the United States
in the appropriate district court to immediately restrain any person
contributing to such handling, storage, treatment, transportation
disposaI to stop such handling, storage,
treatment, transportation, or disposal or to take such other action as
may be necessary. The Administrator shall provide notice to the
affected State of any such suit. The Administra-
tor may also, after notice to the affected State, take other action
under this section including, but not limited to, issuing such
orders as may be necessary to protect public health and the en-
vironmen t.
"(b) Violations.—Any person who willfully violates, or fails or
refuses to comply with, any order of the Administrator under sub-
section (a) may, in an action brought in the appropriate United
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48
States district court to enforce such order, be fined not more than
$5,000 for each day in which such violation occurs or such failure
to comply continues.
"Sec. 7004. (a) Petition.—Any person may petition the Adminis-
trator for the promulgation, amendment, or repeal of any regulation
under this Act. Within a reasonable time following receipt of such
petition, the Administrator shall take action witn respect to such
petition and shall publish notice of such action in the Federal Reg-
ister, together with the reasons therefor.
"(d) Tublic Participation. (1) —Public participation in the develop-
ment, revision, implementation, and enforcement of any regulation,
guideline, information, or program under this Act shall be provided
for, encouraged, and assisted by the Administrator and the States.
The Administrator, in cooperation with the States, shall develop and
publish minimum guidelines for public participation in such processes.
"(2) Before the issuing of a permit to any person with any respect
to any facility for the treatment, storage, or disposal of hazardous
wastes under section 3005, the Administrator shall—
"(A) cause to be published in major local newspapers of gener-
al circulation ana broadcast over local radio stations notice of
the agency's intention to issue such permit, and
"(B) transmit in writing notice of the agency's intention to
issue such permit to each unit of local government having juris-
diction over the area in which such facility is proposed to be
located and to each State agency having any authority under
State law with respect to the construction or operation of such
facility.
If within 45 days the Administrator receives written notice of oppo-
sition to the agency's intention to issue such permit and a request
for a hearing, or if the Administrator determines on his own initia-
tive, he shall hold an informal public hearing (including an oppor-
tunity for presentation of written and oral views) on whether he
should issue a permit for the proposed facility. Whenever possible
the Administrator shall schedule such hearing at a location conven-
ient to the nearest population center to such proposed facility and
give notice in the aforementioned manner of the date, time, and sub-
ject matter of such hearing. No state program which provides for
the issuance of permits referred to in this paragraph may be author-
ized by the Administrator under section 3006 unless such program
provides for the notice and hearing required by the paragraph.
"sEpAKAMLrrr
"Sec. 7006. If any provision of this Act, or the application of any
provision of this Act to any jperaon or circumstance, is held invalid,
the application of such provision to other persona or circumstances,
and the remainder of this Act, shall not be affected thereby.
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"judicial review
"Sec. 7006. (a) Review of final regulations and certain petitions.
— Any judicial review of final regulations promulgated *2 USC 6976.
pursuant to this Act and the Administrator's denial of any petition
for the promulgation, amendment, or repeal of any regulation under this Act
shall be in accordance with sections 701 through
706 of title 5 of the United States Code{ except that—
"(1) a petition for review of action of the Administrator in
promulgating any regulation, or requirement under this Act
or denying any petition for the promulgation, amend-
ment or repeal of any regulation under this Act
may be filed only in the United States Court of Appeals for
the District of Columbia, and such petition shall be filed within
ninety days from the date of such promulgation, or denial or after such
date if such petition for review is based -solely on grounds arising after such
ninetieth day; action of the Administrator with respect to which
review could have been obtained under this subsection shall not
be subject to judicial review in civil or criminal proceedings
for enforcement; and
"(2) in any judicial proceeding brought under this section in
which review is sought of a determination under this Act required
to be made on the record after notice and opportunity for hearing,
if a party seeking review under this Act applies to the court
for leave to adduce additional evidence, and snows to the satis-
faction of the court that the information is material and that
there were reasonable grounds for the failure to adduce such
evidence in the proceeding before the Administrator^ the court
may order such additional evidence (and evidence in rebuttal
thereof) to be taken before the Administrator, and to be adduced
upon the hearing in such manner and upon such terms and condi-
tions as the court may deem proper; the Administrator may
modify his findings as to the facts, or make new findings, by
reason of the additional evidence so taken, and he shall file with
the court' such modified or new findings and his recommendation,
if any, for the modification or setting aside of his original order,
with the return of such additional evidence.
"(b) Review of Certain Actions Under Sections 3005 and
3006.—Review of the Administrator's action (1) in issuing, denying,
modifying, or revoking any permit under section 3005, or (2) in
granting, denying, or withdrawing authorization or interim authori-
zation under section 3006, may be had by any interested person in
the Circuit Court of Appeals of the United States for the Federal
judicial district in which such person resides or transacts such busi-
ness upon application by such person. Any such application shall be
made within ninety days from the date of such issuance, denial,
modification, revocation, grant. or withdrawal, or after such date
only if such application is based solely on grounds which arose after
such ninetieth day. Such review shall be in accordance with sections
701 through 706 of title 5 of the United States Code.
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uOKA NTS OR CONTRACTS FOR TRAINING PROJECTS
"Sac. 7007. (a) General Authority.—The Administrator ii
authorized to make grants to, and contracts with anv eligible organi-
zation. For purposes of this section the term "eligible organization'
means a State or interstate agency, a municipality, educational institu-
tion, and any other organization which is capable of effectively carry
ing out a project which may be funded by grant under subsection (b)
of this section.
"(b) Purposes.—(1) Subject to the provisions of paragraph (2)
grants or contracts may be made to pay all or a part of the costs
as may be determined by the Administrator, of any project opera tec
or to De operated by an eligible organization, which is designed—
"(A) to develop, expand, or carry out a program (whicn ma]
combine training, education, and employment) for training per-
sons for occupations involving the management, supervision,
design, operation, or maintenance of solid waste management
and resource recovery equipment and facilities; or
"(B) to train instnictors and supervisory personnel to train
or supervise persons in occupations involving the design, opera-
tion, and maintenance of solid waste management and resource
recovery equipment and facilities.
"(2) A grant or contract authorized by paragraph (1) of this
subsection may be made only upon application to the Administrator
at such time or times and containing such information as he may
prescribe, except that no such application shall be approved unless
it provides for the same procedures and reports (ana access to such
reports and to other records) as required by section 307(b) (4) and
(5) (as in effect before the date of the enactment of Resource Con-
servation and Recovery Act of 1976) with respect to applications made
under such section (as in effect before the ante of the enactment of
Resource Conservation and Recovery Act of 1976).
"(c) Study.—The Administrator shall make a complete investiga-
tion and study to determine—
"(1) the need for additional trained State and local personnel
to carry out plans assisted under this Act and other solid waste
and resource recovery programs;
"(2) means of using existing training programs to train such
personnel; and
"(3) the extent and nature of obstacles to employment and
occupational advancement in the solid waste management and
resource recovery field which may limit either available manpower
or the advancement of personnel, in such field.
He shall report the results ox such investigation and study, including
his recommendations to the President ana the Congress.
"payments
"Sec. 7008. (a) General Rule.—Payments of grants under this Act
may be made (after necessary adjustment on account of previously
made underpayments or overpayments) in advance or by way of
reimbursement, and in such installments and on such conditions as the
Administrator may determine.
"(b) Prohibition.—-No grant may be made under this Act to any
private profitmaking organization.
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"labor standards
"Sec. 7009. No grant for a project of construction under this Act
shall be made unless the Administrator finds that the application
contains or is supported by reasonable assurance that all laborers and
mechanics employed by contractors or subcontractors on projects of
the type covered by the Davis-Bacon Act, as amended (40 U.S.C.
276a—276a-5) , will be paid wages at rates not less than those pre-
vailing on similar work in the locality as determined by the Secretary
of Labor in accordance with that Act; and the Secretary of Labor
shall have with respect to the labor standards specified in this section
the authority and functions set forth in Reorganization Plan Num-
bered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-5) and section 2 of the
Act of June 13,1934; as amended (40 U.S.C. 276c).
"Subtitle H—Research, Development, Demonstration, and
Information
"keskabch, demonstrations, training, and omn ACTIVITIES
"Sec. 8001. (a) General Authority.—The Administrator, alone or
after consultation with the Administrator of the Federal Energy
Administration, the Administrator of the Energy Research and
Development Administration, or the Chairman of tfte Federal Power
Commission, shall conduct, and encourage, cooperate with, and render
financial and other assistance to appropriate public (whether Federal,
State, interstate, or local) authorities, agencies, and institutions,
private agencies and institutions, and individuals in the conduct of,
and promote the coordination of, research, investigations, experi-
ments, training, demonstrations, surveys, public education programs,
and studies relating to—
"(1) any adverse health and welfare effects of the release into
the environment of material present in solid waste, and methods
to eliminate such effects;
"(2) the operation and financing of solid waste management
programs;
"(3) the planning, implementation, and operation of resource
recovery ami resource conservation systems and hazardous waste
management systems, including the marketing of recovered
resources;
w(4> the production of usable forms of recovered resources,
including fuel, from solid waste;
"(5) the reduction of the amount of such waste and unsalvage-
able waste materials;
"(6) the development and application of new and improved
methods of collecting and disposing of solid waste and processing
and recovering materials and energy from solid wastes;
"(7) the identification of solid waster components and potential
materials and energy recoverable from such waste components;
"(8) small scale and low technology solid waste management
systems^ including but not limited to, resource recovery source
separation systems;
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"(9) methods to improve the performance characteristics of
resources recovered from solid waste and the relationship of such
performance characteristics to available and potentially available
markets for such resources:
" (10) .improvements in land disposal practices for solid waste
(inducting sludge) which may reduce the adverse environmental
effects of such disposal and other aspects of solid waste disposal
on land, including means for reducing the harmful environmental
effects of earlier and existing landfills, means for restoring areas
damaged by such earlier or existing landfills, means for rendering
landfills safe for purposes of construction and other uses, ana
te^Kniques of recovering materials and energy from landfills;
"(11) methods for the sound disposal of, or recovery of
resources, including energy, from, sludge (including sludge from
pollution control and treatment facilities, coal slurry pipelines,
and other sources);
"(12) methods of hazardous waste management, including
methods of rendering such waste environmentally safe: and
"(13) any adverse effects on air quality (particularly with
regard to the emission of heavy metals) which result from solid
waste which is burned (either alone or in conjunction with other
substances) for purposes of treatment, disposal or energy recovery.
"(b) Management Program.—(1)(A) In carrying out nis func-
tions pursuant to this Act, and any other Federal legislation respecting
solid waste or discarded material research, development, and demon-
strations, the Administrator shall establish a management program or
system to insure the coordination of all such activities and to facilitate
and accelerate the process of development of sound new technology (or
other discoveries) from the research phase, through development, and
into the demonstration phase.
"(B) The Administrator shall (i) assist, on the basis of any
research projects which are developed with assistance under this Act
or without Federal assistance, the construction of pilot plant facilities
for the purpose of investigating or testing the technological feasibility
of any promising new fuel, energy, or resource recovery or resource
conservation method or technology; and«(ii) demonstrate each such
method and technology that appears justified by an evaluation at such
pilot plant stage or at a pilot plant stage developed without Federal
assistance. Eacn such demonstration shall incorporate new or innova-
tive technical advances or shall apply such advances to different
circumstances and conditions, for the purpose of evaluating design
concepts or to test the performance, efficiency, and economic feasibility
of a particular method or technology under actual operating condi-
tions. Each such demonstration shalfbe so planned and designed that,
if successful, it can be expanded or utilized directly as a full-scale
operational fuel, energy, or resource recovery or resource conservation
facility.
"(2) Any energy-related research, development, or demonstration
project for-the conversion including bioconversion, of solid waste car-
ried out by the Environmental Protection Agency or by the Energy
Research and Development Administration pursuant to this or any
other Act shall be administered in accordance with the Mav 7, 1976,
Interagency Agreement between the Environmental Protection
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53
Agency and the Energy Research and Development Administration
on the Development of Energy from Solid Wastes and specifically,
that in accordance with this agreement, (A) for those energy-relateid
projects of mutual interest, planning will be conducted jointly by
the Environmental Protection Agency and the Energy Research and
Development Administration, following which project responsibility
will be assigned to one agency; (B) energy-related portions of proj-
ects for recovery of synthetic fuels or other forms of energy from
solid waste shall be the responsibility of the Energy Research and
Development Administration j (C) the Environmental Protection
Agency shall retain responsibility for the environmental, economic,
and institutional aspects of solid waste projects and for assurance that
such projects are consistent with any applicable suggested guidelines
published pursuant to section 1008, and any applicable State or
regional solid waste management plan; and (D) any activities under-
taken under provisions of sections 8002 and 8003 as related to energy;
as related to energy or synthetic fuels recovery from waste; or as
related to energy conservation shall be accomplished through coordina-
tion and consultation with the Energy Research and Development
Administration.
"(c) Authorities.—(1) In carrying out subsection (a) of this sec-
tion respecting solid waste research, studies, development, and demon-
stration, except as otherwise specifically provided in section 8004(d),
the Administrator may make grants to or enter into contracts ^includ-
ing contracts for construction) with, public agencies and authorities
or private persons.
"(2) Contracts for research, development, or demonstrations or for
both (including contracts for construction) shall be made in accord-
ance with and subject to the limitations provided with respect to
research contracts of the military departments in title 10, United States
Code, section 2353, except that the determination, approval, and cer-
tification required thereby shall be made by the Administrator.
"(3) Any invention made or conceived in the course of, or under,
any contract under this Act shall be subject to section 9 of the Federal
Nonnuclear Energy Research and Development Act of 1974 to the
same extent and in the same manner as inventions made or conceived
in the course of contracts under such Act, exqept that in applying such
section, the Environmental Protection Agency shall be substituted for
the Energy Research and Development Administration and the words
'solid waste' shall be substituted for the word 'energy' where
appropriate.
"(4) For carrying out the purpose of this Act the Administrator
may detail personnel of the Environmental Protection Agency to
agencies eligible for assistance under this section.
"special studies; plans for research, development, and
DEMONSTRATIONS
"Sec. 8002. (a) Glass and Plastic.—The Administrator shall
undertake a study and publish a report on resource recovery from glass
and plastic waste, including a scientific, technological, and economic
investigation of potential solutions to implement such recovery.
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"(b) Composition op Waste Stream.—The Administrator shall
undertake a systematic study of the composition of the solid waste
stream and of anticipated future changes in the composition of such
stream and shall publish a report containing the results of such study
and quantitatively evaluating the potential utility of such components.
"(c) Priorities Study.—For purposes of determining priorities for
researdh on recovery of materials and energy from solid waste and
developing materials and energy recovery research, development, and
demonstration strategies, the Administrator shall review, and make a
study of, the various existing and promising techniques of energy
recovery from solid waste (including, but not limited to, waterwall
furnace incinerators, dry shredded fuel systems, pyrolysis, densified
refuse-derived fuel systems, anerobic digestion, ana. fuel and feedstock
preparation systems). In carrying out such study the Administrator
shall investigate with respect to each such technique—
"(1) the degree of public need for the potential results of such
research, development, or demonstration,
"(2) the potential for research, development, and demonstra-
tion without Federal action, including the degree of restraint on
such potential poeed by the risks involved, and
"(3) the magnitude of effort and period of time necessary to
develop the technology to the point where Federal assistance can
be ended.
"(d) Small-Scale and Low Technology Study.—The Adminis-
trator shall undertake a comprehensive study and analysis of, and
publish a report on, systems of small-scale and low technology solid
waste management, including household resource Tecovery and
resource recovery systems which have special application to multiple
dwelling units and high density housing and office complexes. Such
study and analysis shall include an investigation of the degree to
which such systems could contribute to energy conservation.
"(e) Front-End Source Separation.—The Administrator shall
undertake research and studies concerning the compatibility of front-
end source separation systems with high technology resource recovery
systems and shall publish a report containing the results of such
research and studies.
"(f) Mining Waste.—The Administrator, in consultation with the
Secretary of the Interior, shall conduct a detailed and comprehensive
study on the adverse effects of solid wastes from active and abandoned
surface and underground mines on the environment, including, but
not limited to, the effects of such wastes on humans, water, air. health,
welfare, and natural resources, and on the adequacy of means and
measures currently employed by the mining industry, Government
agencies, and others to dispose of and utilize such solid wastes and to
prevent or substantially mitigate such adverse effects. Such study shall
include an analysis of—
"(1) the sources and volume of discarded material generated
per year from mining;
"(2) present disposal practices;
"(3) potential dangers to human health and the environment
from surface runoff of leachate and air pollution by dust;
"(4) alternatives to current disposal methods;
"(5) the cost of those alternatives in terms of the impact on
mine product costs; and
"(6) potential for use of discarded material as a secondary
source of the mine product.
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In furtherance of this study, the Administrator shall, as he deems
appropriate, review studies and other actions of other Federal agencies
concerning such wastes with a view toward avoiding duplication of
effort and the need to expedite such study. Not, later
than thirty-six months after the date of the enactment of the
Solid Waste Disposal Act Amendments of 1980 the Administra-
tor shall publish a report of such study and shall include ap-
propriate findings and recommendations for Federal and non-
Federal actions concerning such effects. Such report shall be
submitted to the Committee on Environment and Public Works
of the United States Senate and the Committee on Interstate
and Foreign Commerce of the United States House of Repre-
sentatives.
"(g) Sludge.—The Administrator shall undertake a comprehensive
study and publish a report on sludge. Such study shall include an
analysis of—
"(1) what types of solid waste (including but not limited to
sewage and pollution treatment residues and other residues from
industrial ofterations such as extraction of oil from shale,liquefac-
tion and gasification of coal and coal slurry pipeline operations)
shall be classified as sludge;
"(2) the effects of air and water pollution legislation on the
creation of large volumes of sludge;
"(3) the amounts of sludge originating in each State and in
each industry producing sludge;
"(4) methods of disposal of such sludge, including the cost,
efficiency, and effectiveness of such methods;
"(5) alternative methods for the use of sludge, including agri-
cultural applications of sludge and energy recovery from sludge;
and
"(6) methods to reclaim areas which have been used for the
disposal of sludge or which have been damaged by sludge.
"(h) Tires.—The Administrator shall undertake a study and pub-
lish a report respecting discarded motor vehicle tires which wall
include an analysis of the problems involved in the collection, recov-
ery of resources including energy, and use of such tires.
" (i) Resource Recovery Facilities.—The Administrator shall con-
duct research and report on the economics of, and impediments, to the
effective functioning of resource recovery facilities.
"(j) Resource Conservation Committee.—(1) The Administrator
shall serve as Chairman of a Committee composed of himself, the
Secretary of Commerce, the Secretary of Labor, the Chairman of the
Council on Environmental Quality, the Secretary of Treasury, the
Secretary of the Interior,]the Secretary of Energy, the Chairman of the
Council of Economic Advisors, and a representative of the Office of Man-
agement and Budget, which shall conduct a full and complete investi-
gation. and study of all aspects of the economic, social, and
environmental consequences of resource conservation with respect to^—
"(A) the appropriateness of recommended incentives and dis-
incentives to foster resource conservation;
"(B) the effect of existing public policies (including subsidies
and economic incentives and disincentives, percentage depletion
allowances, capital gains treatment and other tax incentives and
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disincentives) upon resource conservation, and the likely effect
of the modification or elimination of such incentives and disin-
centives upon resource conservation;
"(C) the appropriateness and feasibility of restricting the
manufacture or use of categories of consumer products as a
resource conservation strategy;
"(D) the appropriateness and feasibility of employing as a
resource conservation strategy the imposition of solia waste man-
agement charges on consumer products, which charges would
reflect the costs of solid waste management services, litter pickup,
the value of recoverable components of such product, final dis-
posal, and any social value associated with the nonrecycling or
uncontrolled disposal of such product; and
"(E) the need for further research, development, and demon-
stration in the area of resource conservation.
M(2) The study required in paragraph (1XD) may include pilot
scale projects, and shall consider and evaluate alternative strategies
with respect to—
"(A) the product categories on which such charges would be
imposed;
"(B) the appropriate state in the production of such consumer
product at which to levy sttch charge;
"(C) appropriate criteria for establishing such charges for
each consumer product category;
"(D) methods for the adjustment of such charges to reflect
actions such as recycling which would reduce the overall quanti-
ties of solid waste requiring disposal; and
"(E) procedures for amending, modifying, or revising such
charges to reflect changing conditions.
"(3) The design for the study required ill paragraph (1) of
this subsection shall include timetables for the completion of the study.
A preliminary report putting forth the study design shall be sent to
the President and the Congress within six months following enact-
ment of this section and followup reports shall be sent six months
thereafter. Each recommendation resulting from the studjr shall
include at least two alternatives to the proposed recommendation.
"(4) The results of such investigation and study, including recom-
mendations, shall be reported to tne President and the Congress not
later than two years alter enactment of this subsection.
"(5) There are authorised to be appropriated not to exceed
$2,000,000 to carry out this subsection.
"(k) Airport Landfills.—The Administrator shall undertake a
comprehensive study and analysis of and publish a report on systems
to alleviate the hazards to aviation from birds congregating ana feed-
ing on landfills in the vicinity of airports.
"(1) Completion of Research and Studies.—The Administrator
shall complete the research and studies, and submit the reports,
required under subsections (b), (c), (d), (e), (f), (g), and (k) not
later than October 1, 1978. The Administrator shall complete the
research and studies, and submit the reports, required under sub-
sections (a), (h), and (i) not later than October 1, 1979. Upon
completion, each study specified in subsections (a) through (k) of
this section, the Administrator shall prepare a plan for research,
development, and demonstration respecting the findings of the studv
and shall submit any legislative recommendations resulting from such
study to appropriate committees of Congress.
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"(m) Drilling Fluids, Produced Waters, and Other Wastes
Associated With the Exploration, Development, or Produc-
tion of Crude Oil or Natural Gas or Geothermal Energy.—(1)
The Administrator shall conduct a detailed and comprehensive
study and submit a report on the adverse effects, if any, of drilling
fluids, produced waters, and other wastes associated with the explo-
ration, development, or production of crude oil or natural gas or
geothermal energy on human health and the environment, includ-
ing, but not limited to, the effects of such wastes on humans, water,
air, health, welfare, and natural resources and on the adequacy of
means and measures currently employed by the oil and gas and geo-
thermal drilling and production industry, Government agencies,
and others to dispose of and utilize such wastes and to prevent or
substantially mitigate such adverse effects. Such study shall include
an analysis of—
"(A) the sources and volume of discarded material generated
per year from such wastes;
"(B) present disposal practices;
"(C) potential danger to human health and the environment
from the surface runoff or leachate;
"(D) documented cases which prove or have caused danger to
human health and the environment from surface runoff or
leachate;
"(E) alternatives to current disposal methods;
"(F) the cost of such alternatives; and
"(G) the impact of those alternatives on the exploration for,
and development and production of crude oil and natural gas
or geothermal energy.
In furtherance of this study, the Administrator shall, as he deems
appropriate, review studies and other actions of other Federal agen-
cies concerning such wastes with a view toward avoiding duplica-
tion of effort and the need to expedite such study. The Administra-
tor shall publish a report of such study and shall include appropri-
ate findings and recommendations for Federal and non-Federal ac-
tions concerning such effects.
"(2) The Administrator shall complete the research and study and
submit the report required under paragraph (J) not later than
twenty-four months from the date of enactment of the Solid Waste
Disposal Act Amendments of 1980. Upon completion of the study,
the Administrator shall prepare a summary of the findings of the
study, a plan for research, development, and demonstration respect-
ing the findings of the study, and shall submit the findings and the
study, along with any recommendations resulting from such study,
to the Committee on Environment and Public Works of the United
States Senate and the Committee on Interstate and Foreign Com-
merce of the United States House of Representatives.
"(3) There are authorized to be appropriated not to exceed
$1,000,000 to carry out the provisions of this subsection.
"(n) Materials Generated From the CombustA>n of Coal and
Other Fossil Fuels—The Administrator shall conduct a detailed
and comprehensive study and submit a report on the adverse effects
on human health and the environment, if any, of the disposal and
utilization of fly ash waste, bottom ash waste, slag waste, flue gas
emission control waste, and other byproduct materials generated pri-
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58
murily from the combustion of coal or other fossil fuehi. Such study
shall include an analysis of—
"(1) the source and volumes of such material generated per
year;
"(2) present disposal and utilization practices;
"(3) potential danger, if any, to human health and the envi-
ronment from the disposal and reuse of such materials;
"(4) documented cases in which danger to human health or
the environment from surface runoff or leachate has been
proved;
"(5) alternatives to current disposal methods;
"(6) the costs of such alternatives;
(7) the impact of those alternatives on the use of coal and
other natural resources; and
"(8) the current and potential utilization of such materials.
In furtherance of this study, the Administrator shall, as he deems
appropriate, review studies and other actions of other Federal and
State agencies concerning such material and invite participation by
other concerned parties, including industry and other Federal and
State agencies, with a view toward avoiding duplication of effort.
The Administrator shall publish a report on such study, which
shall include appropriate findings, not later than twenty-four
months after the enactment of the Solid Waste Disposal Act Amend-
ments of 1980. Such study and findings shall be submitted to the
Committee on Environment and Public Works of the United States
Senate and the Committee on Interstate and Foreign Commerce of
the United States House of Representatives.
"(o> Cement Kiln Dust Waste.—The Administrator shall con-
duct a detailed and comprehensive study of the adverse effects on
human health and the environment, if any, of the disposal of
cement kiln dust waste. Such study shall include an analysis of—
"(1) the source and volumes of such materials generated per
year;
"(2) present disposal practices;
"(3) potential danger, if any, to human health and the envi-
ronment from the disposal of such materials;
"(4) documented cases in which danger to human health or
the environment has been proved;
"(5) alternatives to current disposal methods;
'V 6) the costs of such alternatives;
"(7) the impact of those alternatives on the use of natural re-
sources; and
"(8) the current and potential utilization of such materials.
In furtherance of this study, the Administrator shall, as he deems
appropriate, review studies and other actions of other Federal and
State.agencies concerning such waste or materials and invite par-
ticipation by other concerned parties, including industry and other
Federal ana State agencies, with a view toward avoiding duplica-
tion of effort The Administrator shall publish a report of such
study, which shall include appropriate findings, not later than
thirty-six months after the date of enactment of the Solid Waste
Disposal Act Amendments of 1980. Such report shall be submitted
to the Committee on Environment and Public Works of the United
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59
States Senate and the Committee on Interstate and Foreign Com-
merce of the United States House of Representatives.
"(p) Materials Generated From the Extraction, Beneficia-
tion, and Processing of Ores and Minerals, Including Phos-
phate Rock and Overburden From Uranium Mining.—The Ad-
ministrator shall conduct a detailed and comprehensive study on
the adverse effects on human health and the environment, if any, of
the disposal and utilization of solid waste from the extraction, bene-
ficiation, and processing of ores and minerals, including phosphate
rock and overburden from uranium mining. Such study shall be
conducted in conjunction with the study of mining wastes required
by subsection (f) of this section and shall include an analysis of—
"(1) the source and volumes of such materials generated per
year;
"(2)present disposal and utilization practices;
"(J) potential danger, if any, to human health and the envi-
ronment from the disposal and reuse of such materials;
"(4) documented cases in which danger to human health or
the environment has been proved;
"(5) alternatives to current disposal methods;
"(6) the costs of such alternatives;
"(7) the impact of those alternatives on the use of phosphate
rock and uranium ore, and other natural resources; and
"(8) the current and potential utilization of such materials.
In furtherance of this study, the Administrator shall, as he deems
appropriate, review studies and other actions of other Federal and
State agencies concerning such waste or materials and invite par-
ticipation by other concerned parties, including industry and other
Federal ana State agencies, with a view toward avoiding duplica-
tion of effort. The Administrator shall publish a report of such
study, which shall include appropriate findings, in conjunction
with the publication of the report of the study of mining wastes re-
quired to be conducted under subsection (f) of this section. Such
report and findings shall be submitted to the Committee on Envi-
ronment and Public Works of the United States Senate and the
Committee on Interstate and Foreign Commerce of the United States
House of Representatives.
u(q ) Authorization or Appropriations.—There are authorized to
be appropriated not to exceed $8,000,000 for the fiscal years 1978 and
1979 to carry out this section other than subsection (j).
"coordination, collection, and dissemination of information
"Sec. 8008. (a) Information.—The Administrator shall develop,
collect, evaluate, and coordinate information on—
" (1) methods and costs of the collection of solid waste;
"(2) solid waste management practices, including data on the
different management methods and the cost, operation, and main-
tenance of bucI. methods;
"(8) the amounts and percentages of resources (including
energy) that can be recovered from solid waste by use of
various solid waste management practices ana various
technologies;
"(4) methods available to reduce the amount of solid waste
that is generated;
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u(5) existing and developing technologies for the l-ecovery of
energy or materials from solid waste and the costs, reliability, and
risks associated with such technologies;
"(6) hazardous solid waste, including incidents of damage
resulting from the disposal of hazardous solid wastes; inherently
and potentially hazardous solid wastes; methods of neutraliz-
ing or properly disposing of hazardous solid wastes; facilities
that properly dispose of hazardous wastes;
"(7) methods of financing resource recovery facilities or, sani-
tary landfills, or hazardous solid waste treatment facilities, which-
ever is appropriate for the entity developing such facility or
landfill (taking into account the amount of solid waste reasonably
expected to be available to such entity);
"(8) the availability of markets for the purchase of resources,
either materials or energy, recovered from solid waste; and
u(9) research and development projects respecting solid waste
management.
"(b) Library.—(1) The Administrator shall establish and maintain
a central reference library for (A) the materials collected pursuant to
subsection (a) of this section and (B) the actual performance and cost
effectiveness records and other data and information with respect to—
" (i) the various methods of energy and resource recovery from
solid waste,
"fii) the various systems and means of resource conservation,
"(iii) the various systems and technologies for collection, trans-
port, storage, treatment, and final disposition of solid waste, and
"(iv) other aspects of solid waste and hazardous solid waste
management.
Such central reference library shall also contain, but not be limited to,
the model codes and model accounting systems developed under this
section, the information collected under subsection (d), ftr.d, subject
to any applicable requirements of confidentiality, information respect-
ing any aspect of solid waste provided by officers and employees of the
Environmental Protection Agency which has been acquired oy them in
the conduct of their functions under this Act and which may be of
value to Federal, State, and local authorities and other persons.
" (2) Information in the central reference library shall, to the extent
practicable, be collated, analyzed, verified, and published and shall be
made available to State and local governments and other persons at
reasonable times and subject to such reasonable charges as may be
necessary to defray expenses of making such information available.
" (c) Model Accounting System.—In order to assist State and local
governments in determining the cost and revenues associated with the
collection and disposal of solid waste and with resource recovery oper-
ations, the Administrator shall develop and publish a recommended
model cost and revenue accounting system applicable to the solid waste
management functions of State and local governments. Such system
shall be in accordance with generally accepted accounting principles.
The Administrator shall periodically, but not less frequently than once
every five years, review such accounting system and revise it as
necessary.
. "(d) Model Codes.—The Administrator is authorized, in coopera-
tion with appropriate State and local agencies, to recommend model
sodes, ordinances, and statutes, providing for sound solid waste
management.
"(e) Information Programs.—-(1) The Administrator shall imple-
ment a program for the rapid dissemination of information on solid
waste management, hazardous waste management, resource conserva-
tion. and methods of resource recovery from solid waste, including th*
results of any relevant research, investigations, experiments, surveys,
studies, or other information which may be useful in the implementa-
tion of new or improved solid waste management practices and meth-
ods and information on any other technical, managerial, financial, or
market aspect of resource conservation and recovery facilities.
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"(2) The Administrator shall develop and implement educational
programs to promote citizen understanding of the need for environ-
mentally sound solid waste management practices.
"(f) Coordination.—In collecting and disseminating information
under this section, the Administrator shall coordinate his actions and
cooperate to the maximum extent possible with State and local
authorities.
"(g) Special, Restriction.—Upon request, the full range of alter-
native technologies, programs or processes deemed feasible to meet the
resource recovery or resource conservation needs of a jurisdiction shall
be described in such a manner as to provide a sufficient evaluative
basis from which the jurisdiction can make its decisions, but no officer
or employee of the Environmental Protection Agency shall, in an
official capacity, lobby for or otherwise represent an agency position
in favor of resource^ recovery or resource conservation, as a policy
alternative for adoption into ordinances, codes, regulations, or law by
any State or political subdivision thereof.
"full-scale demonstration facilities
"Sec. 8004. (a) Authority.—The Administrator may enter into con-
tracts with public agencies or authorities or private persons for the
construction and operation of a full-scale demonstration facility under
this Act, or provide financial assistance in the form, of grants to a full-
scale demonstration facility under this Act only if the Administrator
finds that—
"(X) such facility or proposed facility will demonstrate at full
scale a new or significantly improved technology or process, a
practical and significant improvement in solid waste man-
agement practice, dr the technological feasibility and cost effec-
tiveness of an existing, but unproven technology, process, or
practice, and will not duplicate any other Federal, State, local,
or commercial facility which has been constructed or with respect
to which construction has begun (determined as of the date action
is taken by the Administrator under this Act),
"(2) such contract or assistance meets the requirements of
section 8001 and meets other applicable requirements o.f the Act,
"(3) such facility will be able to comply *ith the guidelines
published under section 1008 and with other laws and regulations
for the protection of health and the environment,
" (4) in the case of a contract for construction or operation, such
facility is not likely to be constructed or operated by State, local,
or private persons or in the case of an application for financial
assistance, such facility is not likely to receive adequate financial
assistance from other sources, and
"(5) any Federal interest in, or assistance to, such facility will
be disposed of or terminated, with appropriate compensation,
within such period of time as may be necessary to carry out the
basic objectives of this Act.
"(b) Time Limitation.—No obligation may be made by the Admin-
istrator for financial assistance under this subtitle for any full-scale
demonstration facility after the date ten years after the enactment
of this section. No expenditure of funds for any such full-scale demon-
stration facility under this subtitle may be made by the Administrator
after the date fourteen years after such date of enactment.
"(c) Cost Shaking.—Wherever practicable, in constructing, oper-
ating, or providing financial assistance under this subtitle to a full-
scale demonstration facility, the Administrator shall endeavor to
alter into agreements and make other arrangements for maximum
practicable cost sharing with other Federal, State, and local agencies,
private persons, or any combination thereof.
"(2) The Administrator shall enter into arrangements, wherever
practicable and desirable, to provide monitoring of full-scale solid
waste facilities (whether or not constructed or operated under thia
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62
Act) {or purposes of obtaining information concerning the perform-
ance, and other aspects, of such facilities. Where the Administrator
provides only monitoring and evaluation instruments or personnel
(or both) or funds for such instruments or personnel and provides
no other financial assistance to a facility, notwithstanding section
8001(c) (3), title to any invention made or conceived of in the course
of developing, constructing, or operating such facility shall not be
required to vest in the United States and patents respecting such
invention shall not be required to be issued to the United States.
"(d) Prohibition.—After the date of enactment of this section,
the Administrator shall not construct or operate any full-scale facility
(except by contract with public agencies or authorities or private
persons).
"special study and demonstation projects on recovery of useful
ENERGY AND MATERIALS
"Sec. 8005. (a) Studies.—The Administrator shall conduct studies
and develop recommendations for administrative or legislative action
on—
"(l)means of recovering materials and energy from solid
waste, recommended uses of such materials and energy for
national or international welfare, including identification o;f
potential markets for such recovered resources, the impact of
distribution of such resources on existing markets, and potentials
for energy conservation through resource conservation and
resource recovery;
"(2) actions to reduce waste generation which have been taken
voluntarily or in response to governmental action, and those
which practically could be taken in the future, and the economic,
social, and environmental consequences of such actions;'
"(3) methods of collection, separation, and containerization
which will encourage efficient utilization of facilities and con-
tribute to more effective programs of reduction, reuse, or disposal
of wastes;
"(4) the use of Federal procurement to develop market demand
for recovered resources;
u(5) recommended incentives (including Federal grants, loans,
and other assistance) and disincentives to accelerate the reclama-
tion or recycling of materials from solid wastes, with special
emphasis oil motor vehicle hulks;
"(6) the effect of existing public policies, including subsidies
and economic incentives ana disincentives, percentage depletion
allowances, capital gains treatment and other tax incentives and
disincentives, upon the reveling and reuse of materials, and
the likely effect of the modification or elimination of such incen-
tives ana disincentives upon the reuse, recycling and conservation
of such materials;
"(7) the necessity and method of imposing disposal or other
charges on packaging, containers, vehicles, and other manufac-
tured goods, whicn charges would reflect the cost of final disposal,
the value of recoverable components of the item, and any social
costs associated with nonrecycling or uncontrolled disposal of
such items; and
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"(8) the legal constraints and institutional barriers to the
acquisition of land needed for solid waste management, including
land for facilities- and disposal sites;
"(9) in consultation with the Secretary of Agriculture, agri-
cultural waste management problems and practices, the extent
of reuse and recovery of resources in such wastes; the prospects
for improvement, Federal, State, and local regulations governing
such practices, and the economic, social, and environmental con-
sequences of such practices; and
(10) in consultation with the Secretary of the Interior, mining
waste management problems, and practices, including an assess-
ment of existing authorities, technologies, and economics, and the
environmental and public health consequences of such practices.
"(b) Demonstration.—The Administrator is also authorized to
carry out demonstration projects to test and demonstrate methods and
techniques developed pursuant to subsection (a).
"(c) Application op Other Sections.—Section 8001 (b) and (c)
shall oe applicable to investigations, studies, and projects carried out
under this section.
"grants for resource recovery systems and improved solid
WASTE DISPOSAL FACILITIES
"Sec. 8006. (a) Authority.—The Administrator is authorized to
make grants pursuant to this section to any State, municipal, or inter-
state or intern) unicipal agency for the demonstration of resource recov-
ery systems or for the construction of new or improved solid waste
disposal facilities.
"(b) Conditions.—(1) Any grant under this section for the dem-
onstration of a resource recovery system may be made only if it (A)
is consistent with any plans which meet the requirements of subtitle
D of this Act; (B) is consistent with the guidelines recommended
pursuant to section 1008 of this Act; (C) is designed to provide area-
wide resource recovery systems consistent with the purposes of this
Act, as determined by the Administrator, pursuant to regulations
promulgated under subsection (d) of this section; and (D) provides
an equitable system for distributing the costs associated with con-
struction, operation, and maintenance of any resource recovery system
among the users of such system.
"(2) The Federal share for any project to which paragraph (1)
applies shall not be more than 75 percent;
"(c) Limitations.—(1) A grant under this section for the construc-
tion of a new or improved solid waste disposal facility may be made
only if—
"(A) a State or interstate plan for solid waste disposal has
been adopted which applies to the area involved, and the facility
to be constructed (i) is consistent with such plan, (ii) is included
in a comprehensive plan for the area involved which is satisfactory
to the Administrator for the purposes of this Act, and (iii) is
consistent with the guidelines recommended under section 1008,
and
"(B) the project advances the state of the art by applying new
and improved techniques in reducing the environmental impact
of solid waste disposal, in achieving recovery of energy or
resources, or in recycling useful materials.
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"(2) The Federal share for any project to which paragraph (1)
applies shall be not more than 50 percent in the case of a project serv-
ing an area which includes only one municipality, and not more than
75 percent in any other case.
"(d) RBavLATtoKB.—(l) The Administrator shall promulgate reg-
ulations establishing a procedure for awarding grants under this sec-
tion which—
41 (A) provides that projects will be carried out in communities
of varying razes, under such conditions as will assist in solving the
community waste problems of urban-industrial centers, metro-
politan regions, and rural areas, under representative geographic
and environmental conditions; and
"(B) provides deadlines for submission of, and action on, grant
requests.
(2) In taking action on applications for grants under this section,
consideration snail be given by the Administrator (A) to the public
benefits to be derived by the construction and the propriety of Federal
aid in making such grant; (B) to the extent applicable, to the eco-
nomic and commercial viability of the project (including contractual
arrangements with the private sector to market any resources recov-
ered); (C) to the potential of such project for general application
to community solid waste disposal problems; and (D) to the use by
the applicant of comprehensive regional or metropolitan area plan-
ning.
"(e) Additional Limitations.—A grant under this section—
"(1) may be made only in the amount of the Federal share of
(A) the-estimated total design and construction costs, plus (B)
in the case of a grant to which subsection (b) (1) applies, the
first-year operation and maintenance costs;
"(2) may not be provided for land acquisition or (except as
otherwise provided in paragraph (1) (B) ) for operating or main-
tenance costs;
"(3) may not be made until the applicant has made provision
satisfactory to the Administrator for proj>er and efficient opera-
tion and maintenance of the project (subject to paragraph (1)
(B)); and
"(4) may be made subject to such conditions and requirements,
in addition to those provided in this section, as the Administrator
may require to properly carry out his functions pursuant to this
Act.
For purposes of Daragraph (1), the non-Federal share may be in any
form, including, \>ut not limited to, lands or interests therein needed
for the project or personal property or services, the value of which
shall tye determined oy the Administrator.
"(f) Single State.—(1) Not more than 15 percent of the total of
funds authorized to be appropriated for any fiscal year to carry out
this section shall be granted under this section for projects in any one
State.
"(2) The Administrator shall prescribe by regulation the manner
in which this subection shall apply to a grant under this section for
a project in an area which includes all or part of more than one State.
"AUTHORIZATION OP APfBOPRIATIONS
"Sec. 8007. There are authorized to be appropriated not to exceed
$35,000,000 for the fiscal year 1978 to carry out the purposes of this
subtitle (except for section 8002)
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Sec. 4. (a) In order to demonstrate effective means of dealing with
contamination of public water supplies by leachate from abandoned or
other landfills, the Administrator of the Environmental Protection
Agency is authorized to provide technical and financial assistance for
a research program to control leachate from the Llangollen Landfill in
New Castle County, Delaware.
(b) The research program authorized by this section shall be
designed by the New Castle County area wide waste treatment manage-
ment program, in cooperation with the Environmental Protection
Agency, to develop methods for controlling leachate contamination
from abandoned and other landfills that may be applied at the Llan-
gollen Landfill and at other landfills throughout the Nation. Such
research program shall investigate all alternative solutions or cor-
rective actions, including—
(1) hyarogeologic isolation of the landfill combined with the
collection ana treatment of leachate;
(2) excavation of the refuse, followed by some type of
incineration;
(3) excavation and transportation of the refuse to another land-
fill: and
(4) collection and treatment of contaminated leachate or ground
water.
Such research program shall consider the economic, social, and envi-
ronmental consequences of each such alternative.
(c) The Administrator of the Environmental Protection Agency
shall make available personnel of the Agency, including those of the
Solid and Hazardous Waste Research Laboratory (Cincinnati, Ohio),
and shall arrange for other Federal personnel to be made available,
to provide technical assistance and aid in such research. The Adminis-
trator may provide up to $250,000, of the sums appropriated under
the Solid Waste Disposal Act, to the New Castle County area wide
waste treatment management program to conduct such research,
including obtaining consultant services.
(d) In order to prevent further damage to public water supplies
during the period of this study, the Administrator of the Environ-
mental Protection Agency shall provide up to $200,000 in each of fiscal
years 1977 and 1978, of the sums appropriated under the Solid Waste
Disposal Act for the operating costs of a comiter-:pumping program
to contain the leachate from the Llangollen Landfill.
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66
Addenda
The following sections of the Solid Waste Disposal Act
Amendments of 1980; the Used Oil Recycling Act of 1980;
and the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 amend the Solid Waste
Disposal Act of 1965.
SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1980:
Section 1. This Act may be cited as the "Solid Waste Disposal Act
Amendments of 1980".
* * * ~ ~
ENERGY AND MATERIALS CONSERVATION AND RECOVERY
Sec. 32. (a) The Congress finds that—
(1) significant savings could be realized by conserving materi-
als in order to reduce the volume or quantity of material which
ultimately becomes waste;
(2) solid waste contains valuable energy and material resources
which can be recovered and used thereby conserving increasingly
scarce and expensive fossil fuels and virgin materials;
(3) the recovery of energy and materials from municipal waste,
and the conservation of energy and materials contributing to
such waste streams, can have the effect of reducing the volume of
the municipal waste stream and the burden of disposing of
increasing volumes of solid waste;
(4) the technology to conserve resources exists and is commer-
cially feasible to apply;
(5) the technology to recover energy and materials from solid
waste is of demonstrated commercial feasibility; and
(6) various communities throughout the nation have different
needs and different potentials for conserving resources and for
utilizing techniques for the recovery of energy and materials
from waste, and Federal assistance in planning and implement-
ing such -energy and materials conservation and recovery
programs should be available to all suoh communities on an
equitable basis in relation to their needs and potential.
* * * * ~
NATIONAL ADVISORY COMMISSION ON RESOURCE CONSERVATION AND
RECOVERY
Sec. 33. (aXl) There is hereby established in the executive branch of
the United States the National Advisory Commission on Resource
Conservation and Recovery, hereinafter in this section referred to as
the "Commission".
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(2) The Commission shall be composed of nine members to be
appointed by the President. Such members shall be qualified by
reason of their education, training, or experience to represent the
view of consumer groups, industry associations, and environmental
and other groups concerned with resource conservation and recovery
and at least two shall be elected or appointed State or local officials.
Members shall be appointed for the life of the Commission.
(3) A vacancy in the Commission shall be filled in the manner in
which the original appointment was made.
(4) Five members of the Commission shall constitute a quorum for
transacting business of the Commission except that a lesser number
may hold hearings and conduct information-gathering meetings.
(5) The Chairperson of the Commission shall be designated by the
President from among the members.
(6) Upon the expiration of the two-year period beginning on (A)
the date when all initial members or the Commission have been
appointed or when (B) the date when initial funds become available to
carry out this section, whichever is later, the Commission shall
transmit to the President, and to each House of the Congress, a final
report containing a detailed statement of die findings and conclu-
sions of the Commission, together with such recommendations as it
deems advisable.
(7) The Commission shall submit an interim report on Febru-
ary 15,1982, and the Commission may also submit, for legislative and
administrative actions relating to the Solid Waste Disposal Act, other
interim reports prior to the submission of its final report.
(8) The Commission shall cease to exist 30 days after submission of
its final report.
(b) The Commission shall—
(1) after consultation with the appropriate Federal agencies,
review budgetary priorities relating to resource conservation and
recovery, determine to what extent program goals relating to
resource conservation and recovery are being realized, and make
recommendations concerning the appropriate program balance
and priorities;
(2) review any existing or proposed resource conservation and
recovery guidelines or regulations;
(3) determine the economic development or savings potential of
resource conservation and recovery, including the availability of
markets for recovered energy and materials, for economic mate-
rials savings through conservation, and make recommendations
concerning the utilization of such potential;
(4) identify, and make recommendations addressing, institu-
tional obstacles impeding the development of resource conserva-
tion and resource recovery; and
(5) evaluate the status of resource conservation and recovery
technology and systems including both materials and energy
recovery technologies, recycling methods, and other innovative
methods for both conserving energy and materials extractable
from solid waste.
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68
The review referred to in paragraph (1) should include but not be
limited to an assessment 01 the effectiveness of the technical assist-
ance panels, the public participation program and other program
activities under the Solid Waste Disposal Act.
(c)(1) Members of the Commission while serving on business of the
Commission, shall be compensated at a rate not to exceed the rate
specified at the time of such service for grade GS-16 of the General
Schedule for each day they are engaged in the actual performance of
Commission duties, including travel time; and while so serving away
from their homes or regular places of business, all members of the
Commission may be allowed travel expenses, including per diem
in Jteu of subsistence, as authorized by section 5703 of title 5,
United States Code, for persons in Government service employed
intermittently.
(2) Subject to such rules as may be adopted by the Commission, the
Chairperson, without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service and without
regard to the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule pay rates,
shall have the power to—
(A) appoint a Director, who shall be paid at a rate not to exceed
the rate of basic pay for level I, GS-16 of the General Schedule;
and
(B) appoint and fix the compensation of not more than 5
additional staff personnel.
(3) This Commission is authorized to procure temporary and
Intermittent services of experts and consultants as are necessary to
the extent authorized by section 3109 of title 6, United States Code,
but at rates not to exceed the rate specified at the time of such service
for grade GS-16 in section 5332 of such title. Experts and consultants
may be employed without compensation if they agree to do so in
advance.
(4) Upon request of the Commission, the head of any Federal
pgency is authorized to detail on a reimbursable or nonreimbursable
basis any of the personnel of such agency to the Commission to assist
the Commission in carrying out its duties under this section.
(5) The Commission is exempt from the requirements of sections
4301 through 4308 of title 5, United States Code.
(6) The Commission is authorised to enter into contracts with
Federal and State agencies, private firms, institutions, and individ-
uals for the conduct of research or surveys, the preparation of
reports, and other activities necessary to the discharge of its duties
and responsibilities.
(7) In order to expedite matters pertaining to the planning for, and
work of, the Commission, the Commission is authorized to make
purchases and contracts without regard to section 252 of title 41 of
the United States Code, pertaining to advertising and competitive
bidding, and may arrange for the printing of any material pertaining
to the work of the Commission without regard to the Government
Printing and Binding Regulations and any related laws or
regulations.
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(8) The Commission may use the United States mail in the same
manner and under the same conditions as other departments and
agencies of the United States.
(9) The Commission may secure directly from any department or
agency of the United States information necessary to enable it to
carry out its duties and functions. Upon request of the Chairperson,
the nead of any such Federal agency shall furnish such information
to the Commission subject to applicable law.
(10) Financial and administrative services (including those related
to budget and accounting, financial reporting, personnel, and pro-
curement) shall be provided to the Commission by the General
Services Administration for which payment shall be made in
advance, or by reimbursement, from funds of the Commission, in such
amounts as may be agreed upon by the Chairperson of the Commis-
sion and the Administrator of General Services.
(d) In carrying out its duties under this section the Commission, or
any duly authorized committee thereof, is authorized to hold such
hearings and take testimony, with respect to matters to which it has a
responsibility under this section as the Commission may deem
advisable. Tne Chairperson of the Commission or any member
authorized by him may administer oaths or affirmations to witnesses
appearing before the Commission or before any committee thereof.
(e) From the amounts authorized to be appropriated under the
Solid Waste Disposal Act for the fiscal years 19S1 and 1982, not more
than $1,000,000 may be used to carry out the provisions of this
section.
USED OIL RECYCLING ACT OF 1980:
Sbc. 1. This Act may be cited as the "Used Oil Recycling Act of 1980".
FINDINGS
Sec. 2. The Congress finds and declares that—
(1) used oil Is a valuable source of increasingly scarce energy and materials;
(2) technology exists to re-refine, reprocess, reclaim, and otherwise recycle
used oil;
(3) used oil constitutes a threat to public health and the environment
when reused or disposed of improperly; and
that, therefore, it is in the national interest to recycle used oil in a maimm- which
does not constitute a threat to public health and the environment and which
conserves energy and materials.
*****
[Sec. 4(c) follows Sec. 2005 of RCRA, as amended.]
See. 4/ (c) Before the effective date of the labeling standards required to be prescribed
under section 383(d)(1)(A) of the Energy Policy and Conservation Act, no re-
quirement of any rule or order of the Federal Trade Commission may apply, or
remain applicable, to any container of recycled oil (as defined in section 383(b) of
such Act) if such requirement provides that the container must bear any label
referring to the fact that it has been derived from previously used oiL Nothing
in this subsection shall be construed to affect any labeling requirement applicable
to recycled oil under any authority of law to the extent such requirement relates
to fitness for intended use or any other performance characteristic of such oil or
to any characteristic of such oil other than that referred to in the preceding sen-
tence*
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* * * * *
USED OIL AS A HAZARDOUS WASTE
Sec. 8. Not later than ninety days after the date of the enactment of this Aet,
the Administrator of the Environmental Protection Agency shall—
(1) make a determination aa to the applicability to used oil of the criteria
and regulations promulgated under subsections (a) and (b) of section 3001
of the Solid Waste Disposal Act relating to characteristics of hazardous
wastes, and
(2) report to the Congress the determination together with a detailed
statement of the data and other information upon which the determination
is based.
In "miring a determination under paragraph (1). the Administrator shall ensure
that the recovery and reuse of used oil are not discouraged.
STUDY
Sec. 9. The Administrator of the Environmental Protection Agency, in coopera-
tion with the Secretary of Energy, the Federal Trade Commission, and the
Secretary of Commerce, shall conduct a study—
(1) assessing the environmental problems associated with the improper
disposal or reuse of used oil:
(2) addressing the collection cycle of used oil prior to recyoJing;
(3) analysing supply and demand in the used oil industry, including (A)
estimates of the future supply and quality of used oil feedstocks for purpose
of re-refining and (B) estimates of the future supply of virgin crude oil
available for refining for purposes of producing lubricating oil;
(4) comparing the energy savings associated with re-refining used oil and
the energy savingB of associated with other uses of used oil; and
(5) recommending Federal, State, and local policies to encourage methods
for environmentally sound and economically feasible recycling of used oil.
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COM-
PENSATION, AND LIABILITY ACT OF 1980:
[Sec. 307(a) amended the Solid Waste Disposal Act and is
incorporated in Sec. 2001(a) of RCRA.]
Sec. 307. (b) The Assistant Administrator of the Environmental Protection
Agency appointed to head the Office of Solid Waste shall be in
addition to the five Assistant Administrators of the Environmental
Protection Agency provided for in section 1(d) of Reorganization Plan
Numbered 3 of 1970 and the additional Assistant Administrator*
provided by the Toxic Substances Control Act, shall be appointed by
the President by and with the advice and consent of the Senate, and
shall be compensated at the rate provided for Level IV of the
Executive Schedule pay rates under section 6315 of title 5, United
States Code.
(c) The amendment made by subsection (a) shall become effective
ninety days after the date of the enactment of this Act
SW-171
* V. S. GOVERNMENT PRINTING OFFICE : 1981 341-082/23'
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Prcpc:;y c"
113 Environmental Protection A:,or.cy
^ Library Region x
53oil6oof
('J 0 V 5 IdS1
12C0 SiXlh Avenue
Seattle. WA 98101
The Resource Conservation
and Recovery Act
Public Law 94-580
94th Congress
October 21, 1976
As Amended
by the QUIET COMMUNITIES ACT OF 1978;
SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1980;
USED OIL RECYCLING ACT OF 1980; and
COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT OF 1980
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