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US (United States) Code. Title 42. Chapter 82: Solid waste disposal

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-CITE-

42 USC Sec. 6943 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-

Sec. 6943. Requirements for approval of plans

-STATUTE-

(a) Minimum requirements

In order to be approved under section 6947 of this title, each

State plan must comply with the following minimum requirements -

(1) The plan shall identify (in accordance with section 6946(b)

of this title) (A) the responsibilities of State, local, and

regional authorities in the implementation of the State plan, (B)

the distribution of Federal funds to the authorities responsible

for development and implementation of the State plan, and (C) the

means for coordinating regional planning and implementation under

the State plan.

(2) The plan shall, in accordance with sections 6944(b) and

6945(a) of this title, prohibit the establishment of new open

dumps within the State, and contain requirements that all solid

waste (including solid waste originating in other States, but not

including hazardous waste) shall be (A) utilized for resource

recovery or (B) disposed of in sanitary landfills (within the

meaning of section 6944(a) of this title) or otherwise disposed

of in an environmentally sound manner.

(3) The plan shall provide for the closing or upgrading of all

existing open dumps within the State pursuant to the requirements

of section 6945 of this title.

(4) The plan shall provide for the establishment of such State

regulatory powers as may be necessary to implement the plan.

(5) The plan shall provide that no State or local government

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.

(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 necessary

to use or dispose of such waste in a manner that is

environmentally sound.

(b) Discretionary plan provisions relating to recycled oil

Any State plan submitted under this subchapter 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 chapter before October 15, 1980, may

be amended, at the option of the State, at any time after such date

to include any provision referred to in this subsection.

planning and assistance

(1) A State which has a plan approved under this subchapter or

which has submitted a plan for such approval shall be eligible for

assistance under section 6948(a)(3) of this title if the

Administrator determines that under such plan the State will -

(A) analyze and determine the economic and technical

feasibility of facilities and programs to conserve resources

which contribute to the waste stream or to recover energy and

materials from municipal waste;

(B) analyze the legal, institutional, and economic impediments

to the development of systems and facilities for conservation 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;

programs, and projects to conserve resources or recover energy

and materials from municipal waste; and

(D) coordinate the resource conservation and recovery planning

under subparagraph (C).

(2) The analysis referred to in paragraph (1)(A) 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;

other problems associated with the development of energy and

materials recovery technology, including curbside source

separation;

(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

recovery, including business practices, transportation

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

recovered or minimized.

(d) Size of waste-to-energy facilities

Notwithstanding any of the above requirements, it is the

intention of this chapter and the planning process developed

pursuant to this chapter that in determining the size of the

waste-to-energy facility, adequate provision shall be given to the

present and reasonably anticipated future needs of the recycling

and resource recovery interest within the area encompassed by the

planning process.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 4003, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2814; amended Pub. L. 96-463, Sec. 5(b),

Oct. 15, 1980, 94 Stat. 2056; Pub. L. 96-482, Secs. 18, 32(d), Oct.

21, 1980, 94 Stat. 2345, 2353; Pub. L. 98-616, title III, Sec.

301(b), title V, Sec. 502(h), Nov. 8, 1984, 98 Stat. 3267, 3277.)

-COD-

CODIFICATION

Another section 5(b) of Pub. L. 96-463 amended section 6948 of

this title.

-MISC1-

AMENDMENTS

1984 - Subsecs. (b), (c). Pub. L. 98-616, Sec. 502(h),

redesignated the subsec. (b) entitled energy and materials

conservation and recovery feasibility planning and assistance, as

subsec. (c).

Subsec. (d). Pub. L. 98-616, Sec. 301(b), added subsec. (d).

1980 - Subsec. (a). Pub. L. 96-463, Sec. 5(b), and Pub. L.

96-482, Sec. 32(d)(2), designated existing provisions as subsec.

(a).

Subsec. (a)(2). Pub. L. 96-482, Sec. 18(a), substituted reference

to sections 6944(b) and 6945(a) of this title for reference to

section 6945(c) of this title.

Subsec. (a)(5). Pub. L. 96-482, Secs. 18(b), 32(d)(1),

substituted "State or local government" for "local government" and

required State plan recognition of right to enter into long-term

contracts for operation of resource recovery facilities and to

secure long-term markets for material and energy recovered from

such facilities, and required State plan recognition of right to

negotiate long-term contracts and to negotiate and enter into such

contracts for conserving materials or energy by reducing the volume

of waste.

Subsec. (b). Pub. L. 96-463, Sec. 5(b), added subsec. (b)

relating to discretionary plan provisions for recycled oil.

Pub. L. 96-482, Sec. 32(d)(2), added subsec. (b) relating to

energy and materials conservation and recovery feasibility planning

and assistance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6944, 6945, 6946, 6947,

6948 of this title.

-End-

-CITE-

42 USC Sec. 6944 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-

Sec. 6944. Criteria for sanitary landfills; sanitary landfills

required for all disposal

-STATUTE-

(a) Criteria for sanitary landfills

Not later than one year after October 21, 1976, after

consultation with the States, and after notice and public hearings,

the Administrator 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 chapter. 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 reasonable 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 types of sanitary landfills.

(b) Disposal required to be in sanitary landfills, etc.

For purposes of complying with section 6943(2) (!1) of this title

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 6943(2) (!1) of this

title.

The prohibition contained in subsection (b) of this section shall

take effect on the date six months after the date of promulgation

of regulations under subsection (a) of this section.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 4004, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 98-616, title III,

Sec. 302(b), Nov. 8, 1984, 98 Stat. 3268.)

-REFTEXT-

REFERENCES IN TEXT

Section 6943(2) of this title, referred to in subsec. (b), was

redesignated section 6943(a)(2) of this title by Pub. L. 96-463,

Sec. 5(b), Oct. 15, 1980, 94 Stat. 2056, and Pub. L. 96-482, Sec.

32(d)(2), Oct. 21, 1980, 94 Stat. 2353.

-MISC1-

AMENDMENTS

1984 - Subsec. (c). Pub. L. 98-616 struck out "or on the date of

approval of the State plan, whichever is later" at end.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6903, 6943, 6945, 6948,

6949a of this title; title 25 section 3902.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6945 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-

Sec. 6945. Upgrading of open dumps

-STATUTE-

(a) Closing or upgrading of existing open dumps

Upon promulgation of criteria under section 6907(a)(3) of this

title, any solid waste management practice or disposal of solid

waste or hazardous waste which constitutes the open dumping of

solid waste or hazardous waste is prohibited, except in the case of

any practice or disposal of solid waste under a timetable or

schedule for compliance established under this section. The

prohibition contained in the preceding sentence shall be

enforceable under section 6972 of this title against persons

engaged in the act of open dumping. For purposes of complying with

section 6943(a)(2) and 6943(a)(3) of this title, each State plan

shall contain a requirement that all existing disposal facilities

or sites for solid waste in such State which are open dumps listed

in the inventory under subsection (b) of this section shall comply

with such measures as may be promulgated by the Administrator to

eliminate health hazards and minimize potential health hazards.

Each such plan shall establish, for any entity which demonstrates

that it has considered other public or private alternatives for

solid waste management to comply with the prohibition on open

dumping and is unable to utilize such alternatives to so comply, a

timetable or schedule for compliance for such practice or disposal

of solid waste which specifies a schedule of remedial measures,

including an enforceable sequence of actions or operations, leading

to compliance with the prohibition on open dumping of solid waste

within a reasonable time (not to exceed 5 years from the date of

publication of criteria under section 6907(a)(3) of this title).

(b) Inventory

To assist the States in complying with section 6943(a)(3) of this

title, not later than one year after promulgation of regulations

under section 6944 of this title, the Administrator, with the

cooperation of the Bureau of the Census shall publish an inventory

of all disposal facilities or sites in the United States which are

open dumps within the meaning of this chapter.

(1)(A) Not later than 36 months after November 8, 1984, each

State shall adopt and implement a permit program or other system of

prior approval and conditions to assure that each solid waste

management facility within such State which may receive hazardous

household waste or hazardous waste due to the provision of section

6921(d) of this title for small quantity generators (otherwise not

subject to the requirement for a permit under section 6925 of this

title) will comply with the applicable criteria promulgated under

section 6944(a) and 6907(a)(3) of this title.

(B) Not later than eighteen months after the promulgation of

revised criteria under subsection (!1) 6944(a) of this title (as

required by section 6949a(c) of this title), each State shall adopt

and implement a permit program or other system or (!2) prior

approval and conditions, to assure that each solid waste management

facility within such State which may receive hazardous household

waste or hazardous waste due to the provision of section 6921(d) of

this title for small quantity generators (otherwise not subject to

the requirement for a permit under section 6925 of this title) will

comply with the criteria revised under section 6944(a) of this

title.

developed an adequate program under this paragraph. The

Administrator may make such a determination in conjunction with

approval, disapproval or partial approval of a State plan under

section 6947 of this title.

(2)(A) In any State that the Administrator determines has not

adopted an adequate program for such facilities under paragraph

(1)(B) by the date provided in such paragraph, the Administrator

may use the authorities available under sections 6927 and 6928 of

this title to enforce the prohibition contained in subsection (a)

of this section with respect to such facilities.

(B) For purposes of this paragraph, the term "requirement of this

subchapter" in section 6928 of this title shall be deemed to

include criteria promulgated by the Administrator under sections

6907(a)(3) and 6944(a) of this title, and the term "hazardous

wastes" in section 6927 of this title shall be deemed to include

solid waste at facilities that may handle hazardous household

wastes or hazardous wastes from small quantity generators.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 4005, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 96-482, Sec.

19(a), (b), Oct. 21, 1980, 94 Stat. 2345; Pub. L. 98-616, title

III, Sec. 302(c), title IV, Sec. 403(c), title V, Sec. 502(c), Nov.

8, 1984, 98 Stat. 3268, 3272, 3276.)

-COD-

CODIFICATION

Another section 19(b) of Pub. L. 96-482 amended section 6946 of

this title.

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-616, Sec. 403(c), inserted after

first sentence "The prohibition contained in the preceding sentence

shall be enforceable under section 6972 of this title against

persons engaged in the act of open dumping."

Pub. L. 98-616, Sec. 502(c), inserted a closing parenthesis

before the period at end.

Subsec. (c). Pub. L. 98-616, Sec. 302(c), added subsec. (c).

1980 - Subsec. (a). Pub. L. 96-482, Sec. 19(a), (b)(1), struck

out subsec. (a) which defined "open dump", which is covered in

section 6903(14) of this title, redesignated subsec. (c) as (a) and

substituted "Upon promulgation of criteria under section 6907(a)(3)

of this title, any" for "Any", "section 6943(a)(2) and 6943(a)(3)

of this title" for "section 6943(2) of this title", and "criteria

under section 6907(a)(3) of this title" for "the inventory under

subsection (b) of this section".

Amendment by section 19(b)(1) of Pub. L. 96-482, directing that

following reference to "4003(2)", which had been editorially

translated as section 6943(2) of this title, the phrase "and

4003(3)" be inserted, was executed by translating "4003(2) and

4003(3)" as section 6943(a)(2) and 6943(a)(3) of this title, in

view of the designation of the existing provisions of section 6943

of this title as subsec. (a) of section 6943 of this title by

section 5(b) of Pub. L. 96-463 and also by section 32(d)(2) of Pub.

L. 96-482.

Subsec. (b). Pub. L. 96-482, Sec. 19(b)(2), inserted introductory

phrase "To assist the States in complying with section 6943(a)(3)

of this title". Amendment referring to section "4003(3)" was

executed by translating "4003(3)" as section 6943(a)(3) of this

title, in view of the designation of the existing provisions of

section 6943 of this title as subsec. (a) of section 6943 of this

title by section 5(b) of Pub. L. 96-463 and also by section

32(d)(2) of Pub. L. 96-482.

Subsec. (c). Pub. L. 96-482, Sec. 19(a), redesignated subsec. (c)

as (a).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6943, 6946, 6948, 6949 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "section".

(!2) So in original. Probably should be "of".

-End-

-CITE-

42 USC Sec. 6946 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-

Sec. 6946. Procedure for development and implementation of State

plan

-STATUTE-

(a) Identification of regions

Within one hundred and eighty days after publication of

guidelines under section 6942(a) of this title (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 conditions, 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) pursuant to such guidelines.

(b) Identification of State and local agencies and responsibilities

(1) Within one hundred and eighty days after the Governor

promulgates regulations under subsection (a) of this section, for

purposes of facilitating the development and implementation of a

State plan which will meet the minimum requirements of section 6943

of this title, the State, together with appropriate elected

officials of general purpose units of local government, shall

jointly (A) identify an agency to develop the State plan and

identify one or more agencies to implement such 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 such 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 members of which are

appointed by the Governor) is in existence on October 21, 1976, the

Governor shall identify such authority for purposes of carrying out

within such region clause (A) of this paragraph. Where feasible,

designation of the agency for the affected area designated under

section 1288 of title 33 shall be considered. A State agency

identified 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.

(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 two hundred

and seventy days after promulgation of regulations under subsection

(a) of this section, establish or designate a State agency to

develop and implement the State plan for such area.

(1) In the case of any region which, pursuant to the guidelines

published by the Administrator under section 6942(a) of this title

(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 pursuant to subsection (a) of this section.

(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

designated within such period by such officials, the Governors of

the respective States may, by agreement, establish or designate for

such purpose a single representative organization including elected

officials of general purpose units of local government within such

region.

(3) Implementation of interstate regional solid waste management

plans shall be conducted by units of local government for any

portion of a region within their jurisdiction, or by

multijurisdictional agencies or authorities designated in

accordance with State 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 subchapter, 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.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 4006, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2816; amended Pub. L. 96-482, Sec.

19(b), Oct. 21, 1980, 94 Stat. 2345.)

-COD-

CODIFICATION

Another section 19(b) of Pub. L. 96-482 amended section 6945 of

this title.

-MISC1-

AMENDMENTS

1980 - Subsec. (b)(1)(B). Pub. L. 96-482 substituted "management

activities" for "functions" in two places.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6903, 6943, 6944, 6947,

6948 of this title.

-End-

-CITE-

42 USC Sec. 6947 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-

Sec. 6947. Approval of State plan; Federal assistance

-STATUTE-

(a) Plan approval

The Administrator shall, within six months after a State plan has

been 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

(5) of section 6943(a) of this title; and

(2) it contains provision for revision of such plan, after

notice and public hearing, whenever the Administrator, by

regulation, determines -

(A) that revised regulations respecting minimum requirements

have been promulgated under paragraphs (1), (2), (3), and (5)

of section 6943(a) of this title with which the State plan is

not in compliance;

(B) that information has become available which demonstrates

the inadequacy of the plan to effectuate the purposes of this

subchapter; or

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

promulgated under section 6943 of this title (including new or

revised requirements), he shall, after notice and opportunity for

public hearing, withdraw his approval of such plan. Such withdrawal

of approval shall cease to be effective upon the Administrator's

determination that such complies with such minimum requirements.

(b) Eligibility of States for Federal financial assistance

(1) The Administrator shall approve a State application for

financial assistance under this subchapter, and make grants to such

State, if such State and local and regional authorities within such

State have complied with the requirements of section 6946 of this

title within the period required under such section and if such

State has a State plan which has been approved by the Administrator

under this subchapter.

(2) The Administrator shall approve a State application for

financial assistance under this subchapter, and make grants to such

State, for fiscal years 1978 and 1979 if the Administrator

determines that the State plan continues to be eligible for

approval under subsection (a) of this section and is being

implemented by the State.

(3) Upon withdrawal of approval of a State plan under subsection

(a) of this section, the Administrator shall withhold Federal

financial and technical assistance under this subchapter (other

than such technical assistance as may be necessary to assist in

obtaining the reinstatement of approval) until such time as such

approval is reinstated.

Nothing in this subchapter shall be construed to prevent or

affect any activities respecting solid waste planning or management

which are carried out by State, regional, or local authorities

unless such activities are inconsistent with a State plan approved

by the Administrator under this subchapter.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 4007, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2817; amended Pub. L. 95-609, Sec. 7(l),

Nov. 8, 1978, 92 Stat. 3082; Pub. L. 104-119, Sec. 4(8), Mar. 26,

1996, 110 Stat. 833.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1), (2)(A). Pub. L. 104-119 substituted

"section 6943(a) of this title" for "section 6943 of this title".

1978 - Subsec. (c). Pub. L. 95-609 substituted "(c)" for "(C)" in

subsection designation.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6903, 6943, 6945, 6948 of

this title.

-End-

-CITE-

42 USC Sec. 6948 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-

Sec. 6948. Federal assistance

-STATUTE-

(a) Authorization of Federal financial assistance

(1) There are authorized to be appropriated $30,000,000 for

fiscal year 1978, $40,000,000 for fiscal year 1979, $20,000,000 for

fiscal year 1980, $15,000,000 for fiscal year 1981, $20,000,000 for

the fiscal year 1982, and $10,000,000 for each of the fiscal years

1985 through 1988 for purposes of financial assistance to States

and local, regional, and interstate authorities for the development

and implementation of plans approved by the Administrator under

this subchapter (other than the provisions of such plans referred

to in section 6943(b) (!1) of this title, relating to feasibility

planning for municipal waste energy and materials conservation and

recovery).

(2)(A) The Administrator is authorized to provide financial

assistance to States, counties, municipalities, and intermunicipal

agencies 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; technology 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 construction, or any

acquisition of land or interest in land, or any subsidy for the

price of recovered resources. Agencies assisted under this

subsection 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 6945 of this

title and subchapter III of this chapter and apply applicable solid

waste management practices, methods, and levels of control

consistent with any guidelines published pursuant to section 6907

of this title. 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 financial assistance under

this section shall not preclude or foreclose consideration of

programs for the recovery of recyclable materials through source

separation or other resource recovery techniques.

of the fiscal years 1978 and 1979 for purposes of this section.

There are authorized to be appropriated $10,000,000 for fiscal year

1980, $10,000,000 for fiscal year 1981, $10,000,000 for fiscal year

1982, and $10,000,000 for each of the fiscal years 1985 through

1988 for purposes of this paragraph.

(D) There are authorized -

(i) to be made available $15,000,000 out of funds appropriated

for fiscal year 1985, and

(ii) to be appropriated for each of the fiscal years 1986

though (!2) 1988, $20,000,000 (!3)

for grants to States (and where appropriate to regional, local, and

interstate agencies) to implement programs requiring compliance by

solid waste management facilities with the criteria promulgated

under section 6944(a) of this title and section 6907(a)(3) of this

title and with the provisions of section 6945 of this title. To the

extent practicable, such programs shall require such compliance not

later than thirty-six months after November 8, 1984.

(3)(A) There is authorized to be appropriated for the fiscal year

beginning October 1, 1981, and for each fiscal year thereafter

before October 1, 1986, $4,000,000 for purposes of making grants to

States to carry out section 6943(b) (!4) of this title. No amount

may be appropriated for such purposes for the fiscal year beginning

on October 1, 1986, or for any fiscal year thereafter.

(B) Assistance provided by the Administrator under this paragraph

shall be used only for the purposes specified in section 6943(b)

(!4) of this title. Such assistance may not be used for purposes of

land acquisition, final facility design, equipment purchase,

construction, startup or operation activities.

paragraph may make all or any part of such assistance available to

municipalities within the State to carry out the activities

specified in section 6943(b)(1)(A) and (B) (!4) of this title.

(b) State allotment

The sums appropriated in any fiscal year under subsection (a)(1)

of this section shall be allotted by the Administrator among all

States, in the ratio that the population in each State bears to the

population in all of the States, except that no State shall receive

less 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

any general reduction of State spending 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.

The Federal assistance allotted to the States under subsection

(b) of this section shall be allocated by the State receiving such

funds to State, local, regional, and interstate authorities

carrying out planning and implementation of the State plan. Such

allocation shall be based upon the responsibilities of the

respective parties as determined pursuant to section 6946(b) of

this title.

(d) Technical assistance

(1) 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 subchapter II of this chapter, 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.

(2) In carrying out this subsection, the Administrator may, upon

request, provide technical assistance to States to assist in the

removal 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.

(3) In carrying out this subsection, the Administrator is

authorized to provide technical assistance to States,

municipalities, regional 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 recovery

energy and materials from municipal 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

conservation and recovery policies, systems, and facilities;

(B) impediments 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

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.

(e) Special communities

(1) The Administrator, in cooperation with State and local

officials, shall identify local governments within the United

States (A) having a 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 subject 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 solid waste, including

possible methane migration.

(2) There is authorized to be appropriated to the Administrator

$2,500,000 for the fiscal year 1980 and $1,500,000 for each of the

fiscal years 1981 and 1982 to make grants to be used for

containment 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.

(f) Assistance to States for discretionary program for recycled oil

(1) The Administrator may make grants to States, which have a

State plan approved under section 6947 of this title, or which have

submitted a State plan for approval under such section, if such

plan includes the discretionary provisions described in section

6943(b) of this title. 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 equipment.

(2) Grants under this subsection shall be allotted among the

States in the same manner as provided in the first sentence of

subsection (b) of this section.

(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 making grants under this subsection, there

are authorized to be appropriated $5,000,000 for fiscal year 1982,

$5,000,000 for fiscal year 1983, and $5,000,000 for each of the

fiscal years 1985 through 1988.

(g) Assistance to municipalities for energy and materials

conservation and recovery planning activities

(1) The Administrator is authorized to make grants to

municipalities, regional authorities, and intermunicipal agencies

to carry out activities described in subparagraphs (A) and (B) of

section 6943(b)(1) (!5) of this title. Such grants may be made only

pursuant to an application submitted to the Administrator by the

municipality which application has been approved by the State and

determined by the State to be consistent with any State plan

approved or submitted under this subchapter or any other

appropriate planning carried out by the State.

(2) There is authorized to be appropriated for the fiscal year

beginning October 1, 1981, and for each fiscal year thereafter

before October 1, 1986, $8,000,000 for purposes of making grants to

municipalities under this subsection. No amount may be appropriated

for such purposes for the fiscal year beginning on October 1, 1986,

or for any fiscal year thereafter.

(3) Assistance provided by the Administrator under this

subsection shall be used only for the purposes specified in

paragraph (1). Such assistance may not be used for purposes of land

acquisition, final facility design, equipment purchase,

construction, startup or operation activities.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 4008, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2818; amended Pub. L. 96-463, Secs.

5(b), 6, Oct. 15, 1980, 94 Stat. 2057; Pub. L. 96-482, Secs. 20,

31(c), (d), 32(e), (f), Oct. 21, 1980, 94 Stat. 2345, 2352, 2354,

2355; Pub. L. 98-616, Sec. 2(d)-(g), (k), title V, Sec. 502(d),

(e), Nov. 8, 1984, 98 Stat. 3222, 3223, 3276.)

-REFTEXT-

REFERENCES IN TEXT

Section 6943(b) of this title, referred to in subsecs. (a)(1),

(3) and (g)(1), was redesignated section 6943(c) of this title by

Pub. L. 98-616, title V, Sec. 502(h), Nov. 8, 1984, 98 Stat. 3277.

-COD-

CODIFICATION

Section 2(d)-(g) of Pub. L. 98-616, cited as a credit to this

section, appears to contain typographical error in that the text of

subsec. (f)(1) of section 2007 of the Solid Waste Disposal Act (as

added by section 2(i) of Pub. L. 98-616) is also shown as the text

of subsec. "(f)(1)" of such section 2. Subsec. (f) of section 2, as

set out in the Conference Report (H. Rept. 98-1133) to accompany

H.R. 2867 (which became Pub. L. 98-616) read:

"(f) Section 4008(e)(2) of the Solid Waste Disposal Act (relating

to special communities) is amended by striking out 'and $1,500,000

for each of the fiscal years 1981 and 1982' and substituting ',

$1,500,000 for each of the fiscal years 1981 and 1982, and $500,000

for each of the fiscal years 1985 through 1988'."

Another section 5(b) of Pub. L. 96-463 amended section 6943 of

this title.

-MISC1-

AMENDMENTS

1984 - Subsec. (a)(1). Pub. L. 98-616, Sec. 2(d), authorized

appropriation of $10,000,000 for each of fiscal years 1985 through

1988.

Subsec. (a)(2)(C). Pub. L. 98-616, Sec. 2(e), authorized

appropriation of $10,000,000 for each of fiscal years 1985 through

1988.

Subsec. (a)(2)(D). Pub. L. 98-616, Sec. 2(k), added subpar. (D).

Subsec. (d)(2), (3). Pub. L. 98-616, Sec. 502(d), redesignated

second par. (2), relating to recovery of energy and materials from

municipal waste, as par. (3).

Subsec. (f). Pub. L. 98-616, Sec. 502(e), redesignated second

subsec. (f), relating to assistance to municipalities for energy

and materials conservation and recovery planning activities, as

subsec. (g).

Subsec. (f)(4). Pub. L. 98-616, Sec. 2(g), authorized

appropriation of $5,000,000 for each of fiscal years 1985 through

1988.

Subsec. (g). Pub. L. 98-616, Sec. 502(e), redesignated second

subsec. (f), relating to assistance to municipalities for energy

and materials conservation and recovery planning activities, as

subsec. (g).

1980 - Subsec. (a)(1). Pub. L. 96-482, Sec. 31(c), authorized

appropriations of $20,000,000, $15,000,000, and $20,000,000 for

fiscal years, 1980, 1981, and 1982, respectively, and substituted

provision making appropriation available for financial assistance

to States, and local, regional, and interstate authorities for

development and implementation of plans approved by the

Administrator, except plans referred to in section 6943(b) of this

title, relating to feasibility planning for municipal waste energy

and materials conservation and recovery for provision making

appropriations available to State for development and

implementation of State plans.

Subsec. (a)(2)(B). Pub. L. 96-482, Sec. 32(e)(1), provided that

applicants for technical and financial assistance shall not

preclude or foreclose consideration of programs for recovery of

recyclable materials through source separation or other resource

recovery techniques.

Subsec. (a)(2)(C). Pub. L. 96-482, Sec. 31(d), authorized

appropriation of $10,000,000 for each fiscal year 1980, 1981, and

1982.

Subsec. (a)(3). Pub. L. 96-482, Sec. 32(e)(2), added par. (3).

Subsec. (d). Pub. L. 96-463, Sec. 6, and Pub. L. 96-482, Sec.

32(f), designated existing provisions as par. (1).

Subsec. (d)(2). Pub. L. 96-463, Sec. 6, added par. (2)

authorizing the Administrator to provide technical assistance to

States to assist in the removal or modification of legal,

institutional, economic, and other impediments to the recycling of

used oil.

Pub. L. 96-482, Sec. 32(f), added par. (2) authorizing the

Administrator to provide technical assistance to States,

municipalities, regional authorities, and intermunicipal agencies

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 municipal waste.

Subsec. (e)(1). Pub. L. 96-482, Sec. 20(1)-(5), substituted in

provision preceding cl. (A) "identify local governments" for

"identify communities", struck out cl. (A), which required the

Administrator to identify populations of less than twenty-five

thousand persons, redesignated cls. (B) and (C) as (A) and (B),

respectively, in cl. (A) as so redesignated, substituted "a 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 subject to a State-approved end-use recreation

plan" for "solid waste disposal facilities in which more than 75

per centum of the solid waste of is from areas outside the

jurisdiction of the communities" in cl. (B) as so redesignated,

substituted "which are located over an aquifer which is the source

of drinking water for any person or public water system and which

has" for "which have" and inserted ", including possible methane

migration" after "such solid waste".

Subsec. (e)(2). Pub. L. 96-482, Sec. 20(6)-(8), substituted

appropriations authorization of $2,500,000; $1,500,000; and

$1,500,000 for fiscal years 1980, 1981, and 1982, for prior

authorization of $2,500,000 for fiscal years 1978 and 1979,

substituted provision for grants for "containment and stabilization

of solid waste located at the disposal sites referred to in

paragraph (1)" for such grants for "the conversion, improvement, or

consolidation of existing solid waste disposal facilities, or for

the construction of new solid waste disposal facilities, or for

both, within communities identified under paragraph (1)", and

prohibited grants to units of local government when site exceeds 65

acres in size.

Subsec. (e)(3). Pub. L. 96-482, Sec. 20(9), struck out par. (3)

which required that grants to States be made only when the projects

are consistent with applicable and approved State plan and will

assist in carrying out such plan.

Subsec. (f). Pub. L. 96-463, Sec. 5(b), added subsec. (f)

relating to assistance to States for discretionary program for

recycled oil.

Pub. L. 96-482, Sec. 32(e)(3), added subsec. (f) relating to

assistance to municipalities for energy and materials conservation

and recovery planning activities.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6916, 6943 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "through".

(!3) So in original. Probably should be followed by a comma.

(!4) See References in Text note below.

(!5) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6949 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-

Sec. 6949. Rural communities assistance

-STATUTE-

(a) In 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 persons per square mile and not within a metropolitan

area, for solid waste management facilities (including equipment)

necessary to meet the requirements of section 6945 of this title or

restrictions on open burning or other requirements arising under

the Clean Air Act [42 U.S.C. 7401 et seq.] or the Federal Water

Pollution Control Act [33 U.S.C. 1251 et seq.]. Such assistance

shall only be available -

(1) to any municipality or county which could not feasibly be

included in a solid waste management system or facility serving

an urbanized, multijurisdictional area because of its distance

from such systems;

(2) where existing or planned solid waste management services

or facilities are unavailable or insufficient to comply with the

requirements of section 6945 of this title; and

(3) for systems which are certified by the State to be

consistent with any plans or programs established under any State

or areawide planning process.

(b) Allotment

The Administrator shall allot the sums appropriated 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 poverty level bears to the total population of such counties

in all the States.

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) Authorization of 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.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 4009, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2819; amended Pub. L. 96-482, Sec.

31(e), Oct. 21, 1980, 94 Stat. 2353.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (a), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 7401 of this title and Tables.

The Federal Water Pollution Control Act, referred to in subsec.

(a), is act June 30, 1948, ch. 758, as amended generally by Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified

generally to chapter 26 (Sec. 1251 et seq.) of title 33, Navigation

and Navigable Waters. For complete classification of this Act to

the Code, see Short title note set out under section 1251 of title

33 and Tables.

-MISC1-

AMENDMENTS

1980 - Subsec. (d). Pub. L. 96-482 authorized appropriation of

$10,000,000, $15,000,000, and $15,000,000 for fiscal years 1980,

1981, 1982, respectively.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6916 of this title.

-End-

-CITE-

42 USC Sec. 6949a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-

Sec. 6949a. Adequacy of certain guidelines and criteria

-STATUTE-

(a) Study

The Administrator shall conduct a study of the extent to which

the guidelines and criteria under this chapter (other than

guidelines and criteria for facilities to which subchapter III of

this chapter applies) which are applicable to solid waste

management and disposal facilities, including, but not limited to

landfills and surface impoundments, are adequate to protect human

health and the environment from ground water contamination. Such

study shall include a detailed assessment of the degree to which

the criteria under section 6907(a) of this title and the criteria

under section 6944 of this title regarding monitoring, prevention

of contamination, and remedial action are adequate to protect

ground water and shall also include recommendation with respect to

any additional enforcement authorities which the Administrator, in

consultation with the Attorney General, deems necessary for such

purposes.

(b) Report

Not later than thirty-six months after November 8, 1984, the

Administrator shall submit a report to the Congress setting forth

the results of the study required under this section, together with

any recommendations made by the Administrator on the basis of such

study.

(1) In general

Not later than March 31, 1988, the Administrator shall

promulgate revisions of the criteria promulgated under paragraph

(1) of section 6944(a) of this title and under section 6907(a)(3)

of this title for facilities that may receive hazardous household

wastes or hazardous wastes from small quantity generators under

section 6921(d) of this title. The criteria shall be those

necessary to protect human health and the environment and may

take into account the practicable capability of such facilities.

At a minimum such revisions for facilities potentially receiving

such wastes should require ground water monitoring as necessary

to detect contamination, establish criteria for the acceptable

location of new or existing facilities, and provide for

corrective action as appropriate.

(2) Additional revisions

Subject to paragraph (3), the requirements of the criteria

described in paragraph (1) relating to ground water monitoring

shall not apply to an owner or operator of a new municipal solid

waste landfill unit, an existing municipal solid waste landfill

unit, or a lateral expansion of a municipal solid waste landfill

unit, that disposes of less than 20 tons of municipal solid waste

daily, based on an annual average, if -

(A) there is no evidence of ground water contamination from

the municipal solid waste landfill unit or expansion; and

(B) the municipal solid waste landfill unit or expansion

serves -

(i) a community that experiences an annual interruption of

at least 3 consecutive months of surface transportation that

prevents access to a regional waste management facility; or

(ii) a community that has no practicable waste management

alternative and the landfill unit is located in an area that

annually receives less than or equal to 25 inches of

precipitation.

(3) Protection of ground water resources

(A) Monitoring requirement

A State may require ground water monitoring of a solid waste

landfill unit that would otherwise be exempt under paragraph

(2) if necessary to protect ground water resources and ensure

compliance with a State ground water protection plan, where

applicable.

(B) Methods

If a State requires ground water monitoring of a solid waste

landfill unit under subparagraph (A), the State may allow the

use of a method other than the use of ground water monitoring

wells to detect a release of contamination from the unit.

If a State finds a release from a solid waste landfill unit,

the State shall require corrective action as appropriate.

(4) No-migration exemption

(A) In general

Ground water monitoring requirements may be suspended by the

Director of an approved State for a landfill operator if the

operator demonstrates that there is no potential for migration

of hazardous constituents from the unit to the uppermost

aquifer during the active life of the unit and the post-closure

care period.

(B) Certification

A demonstration under subparagraph (A) shall be certified by

a qualified ground-water scientist and approved by the Director

of an approved State.

Not later than 6 months after March 26, 1996, the

Administrator shall issue a guidance document to facilitate

small community use of the no migration (!1) exemption under

this paragraph.

(5) Alaska Native villages

Upon certification by the Governor of the State of Alaska that

application of the requirements described in paragraph (1) to a

solid waste landfill unit of a Native village (as defined in

section 1602 of title 43) or unit that is located in or near a

small, remote Alaska village would be infeasible, or would not be

cost-effective, or is otherwise inappropriate because of the

remote location of the unit, the State may exempt the unit from

some or all of those requirements. This paragraph shall apply

only to solid waste landfill units that dispose of less than 20

tons of municipal solid waste daily, based on an annual average.

(6) Further revisions of guidelines and criteria

Recognizing the unique circumstances of small communities, the

Administrator shall, not later than two years after March 26,

1996, promulgate revisions to the guidelines and criteria

promulgated under this subchapter to provide additional

flexibility to approved States to allow landfills that receive 20

tons or less of municipal solid waste per day, based on an annual

average, to use alternative frequencies of daily cover

application, frequencies of methane gas monitoring, infiltration

layers for final cover, and means for demonstrating financial

assurance: Provided, That such alternative requirements take into

account climatic and hydrogeologic conditions and are protective

of human health and environment.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 4010, as added Pub. L. 98-616,

title III, Sec. 302(a)(1), Nov. 8, 1984, 98 Stat. 3267; amended

Pub. L. 104-119, Sec. 3(a), Mar. 26, 1996, 110 Stat. 831.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-119 designated existing

provisions as par. (1), inserted heading, and added pars. (2) to

(6).

REINSTATEMENT OF REGULATORY EXEMPTION

Section 3(b) of Pub. L. 104-119 provided that: "It is the intent

of section 4010(c)(2) of the Solid Waste Disposal Act [42 U.S.C.

6949a(c)(2)], as added by subsection (a), to immediately reinstate

subpart E of part 258 of title 40, Code of Federal Regulations, as

added by the final rule published at 56 Federal Register 50798 on

October 9, 1991."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6945 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "no-migration".

-End-

-CITE-

42 USC SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN

RESOURCE AND RECOVERY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND

RECOVERY

-HEAD-

SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND

RECOVERY

-End-

-CITE-

42 USC Sec. 6951 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND

RECOVERY

-HEAD-

Sec. 6951. Functions

-STATUTE-

The Secretary of Commerce shall encourage greater

commercialization of proven resource recovery technology by

providing -

(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 the exchange of technical and economic data

relating to resource recovery facilities.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 5001, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2820.)

-End-

-CITE-

42 USC Sec. 6952 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND

RECOVERY

-HEAD-

Sec. 6952. Development of specifications for secondary materials

-STATUTE-

The Secretary of Commerce, acting through the National Institute

of Standards and Technology, 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

materials with regard to their use in replacing virgin materials in

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

assist Federal agencies with procurement 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 governmental uses.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 5002, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2820; amended Pub. L. 96-482, Sec.

21(a), Oct. 21, 1980, 94 Stat. 2346; Pub. L. 100-418, title V, Sec.

5115(c), Aug. 23, 1988, 102 Stat. 1433.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 substituted "National Institute of

Standards and Technology" for "National Bureau of Standards".

1980 - Pub. L. 96-482 substituted "September 1, 1979" for

"October 21, 1976".

-End-

-CITE-

42 USC Sec. 6953 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND

RECOVERY

-HEAD-

Sec. 6953. Development of markets for recovered materials

-STATUTE-

The Secretary of Commerce shall within two years after September

1, 1979, take such actions as may be necessary to -

(1) identify the geographical location of existing or potential

markets for recovered materials;

(2) identify the economic and technical barriers to the use of

recovered materials; and

(3) encourage the development of new uses for recovered

materials.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 5003, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2821; amended Pub. L. 96-482, Sec.

21(b), Oct. 21, 1980, 94 Stat. 2346.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-482 substituted "September 1, 1979" for

"October 21, 1976".

-End-

-CITE-

42 USC Sec. 6954 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND

RECOVERY

-HEAD-

Sec. 6954. Technology promotion

-STATUTE-

The Secretary of Commerce is authorized to evaluate the

commercial feasibility of resource recovery facilities and to

publish the results of such evaluation, and to develop a data base

for purposes of assisting persons in choosing such a system.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 5004, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2821.)

-End-

-CITE-

42 USC Sec. 6955 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND

RECOVERY

-HEAD-

Sec. 6955. Marketing policies, establishment; nondiscrimination

requirement

-STATUTE-

In establishing any policies which may affect the development 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 materials, the Secretary of

Commerce may consider whether to establish the same or similar

policies or impose the same or similar monitoring or other controls

on virgin materials.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 5005, as added Pub. L. 96-482, Sec.

21(c)(1), Oct. 21, 1980, 94 Stat. 2346.)

-End-

-CITE-

42 USC Sec. 6956 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND

RECOVERY

-HEAD-

Sec. 6956. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary of

Commerce $5,000,000 for each of fiscal years 1980, 1981, and 1982

and $1,500,000 for each of the fiscal years 1985 through 1988 to

carry out the purposes of this subchapter.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 5006, as added Pub. L. 96-482, Sec.

31(f)(1), Oct. 21, 1980, 94 Stat. 2353; amended Pub. L. 98-616,

Sec. 2(h), Nov. 8, 1984, 98 Stat. 3223.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-616 authorized appropriation of $1,500,000 for

each of fiscal years 1985 through 1988.

-End-

-CITE-

42 USC SUBCHAPTER VI - FEDERAL RESPONSIBILITIES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-

SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-End-

-CITE-

42 USC Sec. 6961 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-

Sec. 6961. Application of Federal, State, and local law to Federal

facilities

-STATUTE-

(a) In general

Each department, agency, and instrumentality of the executive,

legislative, and judicial branches of the Federal Government (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 substantive 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 and

abatement of solid waste or hazardous waste disposal and management

in the same manner, and to the same extent, as any person is

subject to such requirements, including the payment of reasonable

service charges. The Federal, State, interstate, and local

substantive and procedural requirements referred to in this

subsection include, but are not limited to, all administrative

orders and all civil and administrative penalties and fines,

regardless of whether such penalties or fines are punitive or

coercive in nature or are imposed for isolated, intermittent, or

continuing violations. The United States hereby expressly waives

any immunity otherwise applicable to the United States with respect

to any such substantive or procedural requirement (including, but

not limited to, any injunctive relief, administrative order or

civil or administrative penalty or fine referred to in the

preceding sentence, or reasonable service charge). The reasonable

service charges referred to in this subsection include, but are not

limited to, fees or charges assessed in connection with the

processing and issuance of permits, renewal of permits, amendments

to permits, review of plans, studies, and other documents, and

inspection and monitoring of facilities, as well as any other

nondiscriminatory charges that are assessed in connection with a

Federal, State, interstate, or local solid waste or hazardous waste

regulatory program. 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. No agent, employee,

or officer of the United States shall be personally liable for any

civil penalty under any Federal, State, interstate, or local solid

or hazardous waste law with respect to any act or omission within

the scope of the official duties of the agent, employee, or

officer. An agent, employee, or officer of the United States shall

be subject to any criminal sanction (including, but not limited to,

any fine or imprisonment) under any Federal or State solid or

hazardous waste law, but no department, agency, or instrumentality

of the executive, legislative, or judicial branch of the Federal

Government shall be subject to any such sanction. The President may

exempt any solid waste 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 shall have 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 the Congress all exemptions from the requirements of this

section granted during the preceding calendar year, together with

his reason for granting each such exemption.

(b) Administrative enforcement actions

(1) The Administrator may commence an administrative enforcement

action against any department, agency, or instrumentality of the

executive, legislative, or judicial branch of the Federal

Government pursuant to the enforcement authorities contained in

this chapter. The Administrator shall initiate an administrative

enforcement action against such a department, agency, or

instrumentality in the same manner and under the same circumstances

as an action would be initiated against another person. Any

voluntary resolution or settlement of such an action shall be set

forth in a consent order.

(2) No administrative order issued to such a department, agency,

or instrumentality shall become final until such department,

agency, or instrumentality has had the opportunity to confer with

the Administrator.

Government

Unless a State law in effect on October 6, 1992, or a State

constitution requires the funds to be used in a different manner,

all funds collected by a State from the Federal Government from

penalties and fines imposed for violation of any substantive or

procedural requirement referred to in subsection (a) of this

section shall be used by the State only for projects designed to

improve or protect the environment or to defray the costs of

environmental protection or enforcement.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 6001, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2821; amended Pub. L. 95-609, Sec. 7(m),

Nov. 8, 1978, 92 Stat. 3082; Pub. L. 102-386, title I, Sec. 102(a),

(b), Oct. 6, 1992, 106 Stat. 1505, 1506.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-386 designated existing provisions as subsec.

(a), inserted heading, inserted in first sentence "and management"

before "in the same manner", inserted second to fourth, sixth, and

seventh sentences specifying Federal, State, interstate, and local

substantive and procedural requirements, waiving sovereign

immunity, determining reasonable service charges, and providing no

agent, employee, or officer of the United States be personally

liable for a civil penalty for an act or omission within the scope

of official duties but be subject to criminal sanction, with no

department, agency, or instrumentality of the executive,

legislative, or judicial branch subject to such sanction, and added

subsecs. (b) and (c).

1978 - Pub. L. 95-609 inserted "or management" after "disposal"

in cl. (2).

EFFECTIVE DATE OF 1992 AMENDMENT

Section 102(c) of Pub. L. 102-386 provided that:

"(1) In general. - Except as otherwise provided in paragraphs (2)

and (3), the amendments made by subsection (a) [amending this

section] shall take effect upon the date of the enactment of this

Act [Oct. 6, 1992].

"(2) Delayed effective date for certain mixed waste. - Until the

date that is 3 years after the date of the enactment of this Act,

the waiver of sovereign immunity contained in section 6001(a) of

the Solid Waste Disposal Act [subsec. (a) of this section] with

respect to civil, criminal, and administrative penalties and fines

(as added by the amendments made by subsection (a)) shall not apply

to departments, agencies, and instrumentalities of the executive

branch of the Federal Government for violations of section 3004(j)

of the Solid Waste Disposal Act [42 U.S.C. 6924(j)] involving

storage of mixed waste that is not subject to an existing

agreement, permit, or administrative or judicial order, so long as

such waste is managed in compliance with all other applicable

requirements.

"(3) Effective date for certain mixed waste. - (A) Except as

provided in subparagraph (B), after the date that is 3 years after

the date of the enactment of this Act, the waiver of sovereign

immunity contained in section 6001(a) of the Solid Waste Disposal

Act with respect to civil, criminal, and administrative penalties

and fines (as added by the amendments made by subsection (a)) shall

apply to departments, agencies, and instrumentalities of the

executive branch of the Federal Government for violations of

section 3004(j) of the Solid Waste Disposal Act involving storage

of mixed waste.

"(B) With respect to the Department of Energy, the waiver of

sovereign immunity referred to in subparagraph (A) shall not apply

after the date that is 3 years after the date of the enactment of

this Act for violations of section 3004(j) of such Act involving

storage of mixed waste, so long as the Department of Energy is in

compliance with both -

"(i) a plan that has been submitted and approved pursuant to

section 3021(b) of the Solid Waste Disposal Act [42 U.S.C.

6939c(b)] and which is in effect; and

"(ii) an order requiring compliance with such plan which has

been issued pursuant to such section 3021(b) and which is in

effect.

"(4) Application of waiver to agreements and orders. - The waiver

of sovereign immunity contained in section 6001(a) of the Solid

Waste Disposal Act (as added by the amendments made by subsection

(a)) shall take effect on the date of the enactment of this Act

with respect to any agreement, permit, or administrative or

judicial order existing on such date of enactment (and any

subsequent modifications to such an agreement, permit, or order),

including, without limitation, any provision of an agreement,

permit, or order that addresses compliance with section 3004(j) of

such Act with respect to mixed waste.

"(5) Agreement or order. - Except as provided in paragraph (4),

nothing in this Act [see Short Title of 1992 Amendment note set out

under section 6901 of this title] shall be construed to alter,

modify, or change in any manner any agreement, permit, or

administrative or judicial order, including, without limitation,

any provision of an agreement, permit, or order -

"(i) that addresses compliance with section 3004(j) of the

Solid Waste Disposal Act with respect to mixed waste;

"(ii) that is in effect on the date of enactment of this Act;

and

"(iii) to which a department, agency, or instrumentality of the

executive branch of the Federal Government is a party."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(a) of this section requiring the President to report annually to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

the 8th item on page 20 of House Document No. 103-7.

-EXEC-

EXECUTIVE ORDER NO. 12780

Ex. Ord. No. 12780, Oct. 31, 1991, 56 F.R. 56289, which required

Federal agencies to promote cost-effective waste reduction and

recycling of reusable materials and established a Council on

Federal Recycling and Procurement Policy, was revoked by Ex. Ord.

No. 12873, Sec. 901, Oct. 20, 1993, 58 F.R. 54911, formerly set out

below.

EXECUTIVE ORDER NO. 12873

Ex. Ord. No. 12873, Oct. 20, 1993, 58 F.R. 54911, as amended by

Ex. Ord. No. 12995, Mar. 25, 1996, 61 F.R. 13645, which directed

Executive agencies to incorporate waste prevention and recycling in

daily operations and work and to acquire and use environmentally

preferable products and services and which created a Federal

Environmental Executive and established high-level Environmental

Executive positions within each agency, was revoked by Ex. Ord. No.

13101, Sec. 901, Sept. 14, 1998, 63 F.R. 49651, set out below.

EX. ORD. NO. 13101. GREENING THE GOVERNMENT THROUGH WASTE

PREVENTION, RECYCLING, AND FEDERAL ACQUISITION

Ex. Ord. No. 13101, Sept. 14, 1998, 63 F.R. 49643, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Solid

Waste Disposal Act, Public Law 89-272, 79 Stat. 997, as amended by

the Resource Conservation and Recovery Act (RCRA), Public Law

94-580, 90 Stat. 2795, as amended (42 U.S.C. 6901-6907), section

301 of title 3, United States Code, and in order to improve the

Federal Government's use of recycled products and environmentally

preferable products and services, it is hereby ordered as follows:

-MISC2-

PART 1 - PREAMBLE

Section 101. Consistent with the demands of efficiency and cost

effectiveness, the head of each executive agency shall incorporate

waste prevention and recycling in the agency's daily operations and

work to increase and expand markets for recovered materials through

greater Federal Government preference and demand for such products.

It is the national policy to prefer pollution prevention, whenever

feasible. Pollution that cannot be prevented should be recycled;

pollution that cannot be prevented or recycled should be treated in

an environmentally safe manner. Disposal should be employed only as

a last resort.

Sec. 102. Consistent with policies established by the Office of

Federal Procurement Policy (OFPP) Policy Letter 92-4, agencies

shall comply with executive branch policies for the acquisition and

use of environmentally preferable products and services and

implement cost-effective procurement preference programs favoring

the purchase of these products and services.

Sec. 103. This order creates a Steering Committee, a Federal

Environmental Executive (FEE), and a Task Force, and establishes

Agency Environmental Executive (AEE) positions within each agency,

to be responsible for ensuring the implementation of this order.

The FEE, AEEs, and members of the Steering Committee and Task Force

shall be full-time Federal Government employees.

PART 2 - DEFINITIONS

For purposes of this order:

Sec. 201. "Environmentally preferable" means products or services

that have a lesser or reduced effect on human health and the

environment when compared with competing products or services that

serve the same purpose. This comparison may consider raw materials

acquisition, production, manufacturing, packaging, distribution,

reuse, operation, maintenance, or disposal of the product or

service.

Sec. 202. "Executive agency" or "agency" means an executive

agency as defined in 5 U.S.C. 105. For the purpose of this order,

military departments, as defined in 5 U.S.C. 102, are covered under

the auspices of the Department of Defense.

Sec. 203. "Postconsumer material" means a material or finished

product that has served its intended use and has been discarded for

disposal or recovery, having completed its life as a consumer item.

"Postconsumer material" is a part of the broader category of

"recovered material."

Sec. 204. "Acquisition" means the acquiring by contract with

appropriated funds for supplies or services (including

construction) by and for the use of the Federal Government through

purchase or lease, whether the supplies or services are already in

existence or must be created, developed, demonstrated, and

evaluated. Acquisition begins at the point when agency needs are

established and includes the description of requirements to satisfy

agency needs, solicitation and selection of sources, award of

contracts, contract financing, contract performance, contract

administration, and those technical and management functions

directly related to the process of fulfilling agency needs by

contract.

Sec. 205. "Recovered materials" means waste materials and

by-products that have been recovered or diverted from solid waste,

but such term does not include those materials and by-products

generated from, and commonly reused within, an original

manufacturing process (42 U.S.C. 6903(19)).

Sec. 206. "Recyclability" means the ability of a product or

material to be recovered from, or otherwise diverted from, the

solid waste stream for the purpose of recycling.

Sec. 207. "Recycling" means the series of activities, including

collection, separation, and processing, by which products or other

materials are recovered from the solid waste stream for use in the

form of raw materials in the manufacture of new products other than

fuel for producing heat or power by combustion.

Sec. 208. "Waste prevention" means any change in the design,

manufacturing, purchase, or use of materials or products (including

packaging) to reduce their amount or toxicity before they are

discarded. Waste prevention also refers to the reuse of products or

materials.

Sec. 209. "Waste reduction" means preventing or decreasing the

amount of waste being generated through waste prevention,

recycling, or purchasing recycled and environmentally preferable

products.

Sec. 210. "Life cycle cost" means the amortized annual cost of a

product, including capital costs, installation costs, operating

costs, maintenance costs, and disposal costs discounted over the

lifetime of the product.

Sec. 211. "Life cycle assessment" means the comprehensive

examination of a product's environmental and economic aspects and

potential impacts throughout its lifetime, including raw material

extraction, transportation, manufacturing, use, and disposal.

Sec. 212. "Pollution prevention" means "source reduction" as

defined in the Pollution Prevention Act of 1990 (42 U.S.C. 13102),

and other practices that reduce or eliminate the creation of

pollutants through: (a) increased efficiency in the use of raw

materials, energy, water, or other resources; or (b) protection of

natural resources by conservation.

Sec. 213. "Biobased product" means a commercial or industrial

product (other than food or feed) that utilizes biological products

or renewable domestic agricultural (plant, animal, and marine) or

forestry materials.

Sec. 214. "Major procuring agencies" shall include any executive

agency that procures over $50 million per year of goods and

services.

PART 3 - THE ROLES AND DUTIES OF THE STEERING COMMITTEE, FEDERAL

ENVIRONMENTAL EXECUTIVE, TASK FORCE, AND AGENCY ENVIRONMENTAL

EXECUTIVES

Sec. 301. Committees, Executives, and Task Force. (a) Steering

Committee. There is hereby established a Steering Committee on

Greening the Government through Waste Prevention and Recycling

("Steering Committee"). The Steering Committee shall be composed of

the Chair of the Council on Environmental Quality (CEQ), the

Federal Environmental Executive (FEE), and the Administrator for

Federal Procurement Policy (OFPP). The Steering Committee, which

shall be chaired by the Chair of the CEQ, is directed to charter a

Task Force to facilitate implementation of this order, and shall

provide the Task Force with policy direction in such

implementation.

(b) Federal Environmental Executive. A Federal Environmental

Executive, Environmental Protection Agency, shall be designated by

the President. The FEE shall chair the Task Force described in

subsection (c), take all actions necessary to ensure that the

agencies comply with the requirements of this order, and generate a

biennial report to the President.

on Greening the Government through Waste Prevention and Recycling

("Task Force"), which shall be chaired by the FEE and composed of

staff from the major procuring agencies. The Steering Committee, in

consultation with the agencies, shall determine the necessary

staffing and resources for the Task Force. The major procuring

agencies shall provide, to the extent practicable and permitted by

law, resources and support to the Task Force and the FEE, upon

request from the Steering Committee. The Task Force shall have the

duty of assisting the FEE and the agencies in implementing this

order, subject to policy direction provided by the Steering

Committee. The Task Force shall report through the FEE to the Chair

of the Steering Committee.

(d) Agency Environmental Executives (AEEs). Within 90 days after

the date of this order, the head of each major procuring agency

shall designate an AEE from among his or her staff, who serves at a

level no lower than the Assistant Secretary level or equivalent,

and shall notify the Chair of CEQ and the FEE of such designation.

Sec. 302. Duties. (a) The Federal Environmental Executive. The

FEE, working through the Task Force, and in consultation with the

AEEs, shall:

(1) Develop a Government-wide Waste Prevention and Recycling

Strategic Plan ("Strategic Plan") to further implement this order.

The Strategic Plan should be initially developed within 180 days of

the date of this order and revised as necessary thereafter. The

Strategic Plan should include, but is not limited to, the following

elements:

(a) direction and initiatives for acquisition of recycled and

recyclable products and environmentally preferable products and

services;

(b) development of affirmative procurement programs;

(d) assessment and evaluation of compliance;

(e) reporting requirements;

(f) outreach programs to promote adoption of practices endorsed

in this order; and

(g) development and implementation of new technologies that are

of environmental significance.

(2) Prepare a biennial report to the President on the actions

taken by the agencies to comply with this order. The report also

may incorporate information from existing agency reports regarding

Government-wide progress in implementing the following Executive

Orders: 12843, Procurement Requirements and Policies for Federal

Agencies for Ozone Depleting Substances [former 42 U.S.C. 7671l

note]; 13031, Federal Alternative Fueled Vehicle Leadership [former

42 U.S.C. 13212 note]; 12845, Requiring Agencies to Purchase Energy

Efficient Computer Equipment [42 U.S.C. 8262g note]; 12856, Federal

Compliance with Right-to-Know Laws and Pollution Prevention

Requirements [former 42 U.S.C. 11001 note]; 12902, Energy

Efficiency and Water Conservation at Federal Facilities [42 U.S.C.

6201 note]; and 12969, Federal Acquisition and Community

Right-to-Know [former 41 U.S.C. 401 note].

(3) In coordination with the Office of Federal Procurement

Policy, the Environmental Protection Agency (EPA), the General

Services Administration (GSA), and the Department of Agriculture

(USDA), convene a group of acquisition/procurement managers and

environmental State, and local government managers to work with

State and local governments to improve the Federal, State, and

local governments' use of recycled products and environmentally

preferable products and services.

(4) Coordinate appropriate Government-wide education and training

programs for agencies.

(5) Establish committees and work groups, as needed, to identify,

assess, and recommend actions to be taken to fulfill the goals,

responsibilities, and initiatives of the FEE. As these committees

and work groups are created, agencies are requested to designate

appropriate personnel in the areas of procurement and acquisition,

standards and specifications, electronic commerce, facilities

management, pollution prevention, waste prevention, recycling, and

others as needed to staff and work on these initiatives. An initial

group shall be established to develop recommendations for tracking

and reporting requirements, taking into account the costs and

benefits of such tracking and reporting. The Steering Committee

shall consult with the AEEs before approving these recommendations.

(b) Agency Environmental Executives. The AEEs shall:

(1) translate the Government-wide Strategic Plan into specific

agency and service plans;

(2) implement the specific agency and service plans;

(3) report to the FEE on the progress of plan implementation;

(4) work with the FEE and the Task Force in furthering

implementation of this order; and

(5) track agencies' purchases of EPA-designated guideline items

and report agencies' purchases of such guideline items to the FEE

per the recommendations developed in subsection 302(a)(5) of this

order. Agency acquisition and procurement personnel shall justify

in writing to the file and to the AEE the rationale for not

purchasing such items, above the micropurchase threshold (as set

out in the Office of Federal Procurement Policy Act at 41 U.S.C.

428), and submit a plan and timetable for increasing agency

purchases of the designated item(s).

(6) one year after a product is placed on the USDA Biobased

Products List, estimate agencies' purchases of products on the list

and report agencies' estimated purchases of such products to the

Secretary of Agriculture.

PART 4 - ACQUISITION PLANNING, AFFIRMATIVE PROCUREMENT PROGRAMS,

AND FEDERAL FACILITY COMPLIANCE

Sec. 401. Acquisition Planning. In developing plans, drawings,

work statements, specifications, or other product descriptions,

agencies shall consider, as appropriate, a broad range of factors

including: elimination of virgin material requirements; use of

biobased products; use of recovered materials; reuse of product;

life cycle cost; recyclability; use of environmentally preferable

products; waste prevention (including toxicity reduction or

elimination); and ultimate disposal. These factors should be

considered in acquisition planning for all procurement and in the

evaluation and award of contracts, as appropriate. Program and

acquisition managers should take an active role in these

activities.

Sec. 402. Affirmative Procurement Programs. (a) The head of each

executive agency shall develop and implement affirmative

procurement programs in accordance with section 6002 of RCRA (42

U.S.C. 6962) and this order and consider use of the procurement

tools and methods described in [former] 7 U.S.C. 5909. Agencies

shall ensure that responsibilities for preparation, implementation,

and monitoring of affirmative procurement programs are shared

between the program personnel and acquisition and procurement

personnel. For the purposes of all purchases made pursuant to this

order, EPA, in consultation with such other executive agencies as

appropriate, shall endeavor to maximize environmental benefits,

consistent with price, performance, and availability

considerations, and constraints imposed by law, and shall adjust

solicitation guidelines as necessary in order to accomplish this

goal.

(b) Agencies shall establish affirmative procurement programs for

all EPA-designated guideline items purchased by their agency. For

newly designated items, agencies shall revise their internal

programs within 1 year from the date the EPA designated the new

items.

for the EPA-designated guideline items, which are contained in 40

CFR part 247, and for all future designated guideline items,

agencies shall ensure that their affirmative procurement programs

require 100 percent of their purchases of products to meet or

exceed the EPA guideline unless written justification is provided

that a product is not available competitively within a reasonable

time frame, does not meet appropriate performance standards, or is

only available at an unreasonable price. Written justification is

not required for purchases below the micropurchase threshold. For

micropurchases, agencies shall provide guidance regarding purchase

of EPA-designated guideline items. This guidance should encourage

consideration of aggregating purchases when this method would

promote economy and efficiency.

(d) Within 90 days after the date of this order, the head of each

executive agency that has not implemented an affirmative

procurement program shall ensure that the affirmative procurement

program has been established and is being implemented to the

maximum extent practicable.

Sec. 403. Federal Facility Compliance. (a) Within 6 months of the

date of this order, the Administrator of the EPA shall, in

consultation with the Federal Environmental Executive, prepare

guidance for use in determining Federal facility compliance with

section 6002 of RCRA [42 U.S.C. 6962] and the related requirements

of this order.

(b) EPA inspections of Federal facilities conducted pursuant to

RCRA and the Federal Facility Compliance Act [of 1992] [see Short

Title of 1992 Amendment note set out under section 6901 of this

title] and EPA "multi-media" inspections carried out at Federal

facilities will include, where appropriate, evaluation of facility

compliance with section 6002 of RCRA and any implementing guidance.

authorized States pursuant to RCRA and the Federal Facility

Compliance Act, the Administrator of the EPA will encourage those

States to include evaluation of facility compliance with section

6002 of RCRA in light of EPA guidance prepared pursuant to

subsection (a), where appropriate, similar to inspections performed

by the EPA. The EPA may provide information and technical

assistance to the States to enable them to include such

considerations in their inspection.

(d) The EPA shall report annually to the Federal Environmental

Executive on the results of inspections performed by the EPA to

determine Federal facility compliance with section 6002 of RCRA not

later than February 1st for those inspections conducted during the

previous fiscal year.

PART 5 - STANDARDS, SPECIFICATIONS, AND DESIGNATION OF ITEMS

Sec. 501. Specifications, Product Descriptions, and Standards.

When developing, reviewing, or revising Federal and military

specifications, product descriptions (including commercial item

descriptions), and standards, executive agencies shall consider

recovered materials and any environmentally preferable purchasing

criteria developed by the EPA, and ensure the criteria are complied

with in developing or revising standards. Agencies shall report

annually to the FEE on their compliance with this section for

incorporation into the biennial report to the President referred to

in section 302(a)(2) of this order. (a) If an inconsistency with

section 6002 of RCRA [42 U.S.C. 6962] or this order is identified

in a specification, standard, or product description, the FEE shall

request that the Environmental Executive of the pertinent agency

advise the FEE as to why the specification cannot be revised or

submit a plan for revising it within 60 days.

(b) If an agency is able to revise an inconsistent specification

but cannot do so within 60 days, it is the responsibility of that

AEE to monitor and implement the plan for revising it.

Sec. 502. Designation of Items that Contain Recovered Materials.

In order to expedite the process of designating items that are or

can be made with recovered materials, the EPA shall use the

following process for designating these items in accordance with

section 6002(e) of RCRA. (a) The EPA shall designate items that are

or can be made with recovered material, by promulgating amendments

to the Comprehensive Procurement Guideline (CPG). The CPG shall be

updated every 2 years or as appropriate after an opportunity for

public comment.

(b) Concurrent with the issuance of the CPG, the EPA shall

publish for comment in the Federal Register Recovered Materials

Advisory Notices that present the range of recovered materials

content levels within which the designated items are currently

available. These levels shall be updated periodically, after

opportunity for public comment, to reflect changes in market

conditions.

designated by the EPA in the CPG, agencies shall modify their

affirmative procurement programs to require that, to the maximum

extent practicable, their purchases of products meet or exceed the

EPA guidelines unless written justification is provided that a

product is not available competitively, not available within a

reasonable time frame, does not meet appropriate performance

standards, or is only available at an unreasonable price.

Sec. 503. Guidance on Acquisition of Environmentally Preferable

Products and Services. (a) The EPA shall develop guidance within 90

days from the date of this order to address environmentally

preferable purchasing. The guidance may be based on the EPA's

September 1995 Proposed Guidance on the Acquisition of

Environmentally Preferable Products and Services and comments

received thereon. The guidance should be designed for

Government-wide use and targeted towards products and services that

have the most effect. The guidance may also address the issues of

use of the technical expertise of nongovernmental entities and

tools such as life cycle assessment in decisions on environmentally

preferable purchasing. The EPA shall update this guidance every 2

years, or as appropriate.

(b) Agencies are encouraged to immediately test and evaluate the

principles and concepts contained in the EPA's Guidance on the

Acquisition of Environmentally Preferable Products and Services

through pilot projects to provide practical information to the EPA

for further updating of the guidance. Specifically:

(1) These pilot projects shall be focused around those product

and service categories, including printing, that have wide use

within the Federal Government. Priorities regarding which product

and service categories to pilot shall be developed by the

individual agencies and the EPA, in consultation with the OFPP, the

FEE, and the appropriate agency procurement executives. Any policy

disagreements shall be resolved by the Steering Committee.

(2) Agencies are encouraged to use all of the options available

to them to determine the environmentally preferable attributes of

products and services in their pilot and demonstration projects,

including the use of technical expertise of nongovernmental

entities such as labeling, certification, or standards-developing

organizations, as well as using the expertise of the National

Institute of Standards and Technology.

(3) Upon request and to the extent practicable, the EPA shall

assist executive agencies in designing, implementing, and

documenting the results of these pilot and demonstration projects.

(4) The EPA, in coordination with other executive agencies, shall

develop a database of information about these projects, including,

but not limited to, the number and status of pilot projects,

examples of agencies' policy directives, revisions to

specifications, solicitation procedures, and grant/contract

policies that facilitate adoption of environmentally preferable

purchasing practices, to be integrated on a commonly available

electronic medium (e.g., Internet Web site). These data are to be

reported to the FEE.

the EPA Guidance on Acquisition of Environmentally Preferable

Products and Services, in addition to the lessons from the pilot

and demonstration projects, to the maximum extent practicable, in

identifying and purchasing environmentally preferable products and

services and shall modify their procurement programs as

appropriate.

Sec. 504. Designation of Biobased Items by the USDA. The USDA

Biobased Products Coordination Council shall, in consultation with

the FEE, issue a Biobased Products List. (a) The Biobased Products

List shall be published in the Federal Register by the USDA within

180 days after the date of this order and shall be updated

biannually after publication to include additional items.

(b) Once the Biobased Products List has been published, agencies

are encouraged to modify their affirmative procurement program to

give consideration to those products.

Sec. 505. Minimum Content Standard for Printing and Writing

Paper. Executive agency heads shall ensure that their agencies meet

or exceed the following minimum materials content standards when

purchasing or causing the purchase of printing and writing paper:

(a) For high speed copier paper, offset paper, forms bond, computer

printout paper, carbonless paper, file folders, white wove

envelopes, writing and office paper, book paper, cotton fiber

paper, and cover stock, the minimum content standard shall be no

less than 30 percent postconsumer materials beginning December 31,

1998. If paper containing 30 percent postconsumer material is not

reasonably available, does not meet reasonable performance

requirements, or is only available at an unreasonable price, then

the agency shall purchase paper containing no less than 20 percent

postconsumer material. The Steering Committee, in consultation with

the AEEs, may revise these levels if necessary.

(b) As an alternative to meeting the standards in sections [sic]

505(a), for all printing and writing papers, the minimum content

standard shall be no less than 50 percent recovered materials that

are a waste material byproduct of a finished product other than a

paper or textile product that would otherwise be disposed of in a

landfill, as determined by the State in which the facility is

located.

purchase, sell, or arrange for the purchase of, printing and

writing paper that fails to meet the minimum requirements of this

section.

Sec. 506. Revision of Brightness Specifications and Standards.

The GSA and other executive agencies are directed to identify,

evaluate, and revise or eliminate any standards or specifications

unrelated to performance that present barriers to the purchase of

paper or paper products made by production processes that minimize

emissions of harmful byproducts. This evaluation shall include a

review of unnecessary brightness and stock clause provisions, such

as lignin content and chemical pulp requirements. The GSA shall

complete the review and revision of such specifications within 6

months after the date of this order, and shall consult closely with

the Joint Committee on Printing during such process. The GSA shall

also compile any information or market studies that may be

necessary to accomplish the objectives of this provision.

Sec. 507. Procurement of Re-refined Lubricating Oil and Retread

Tires. (a) Agencies shall implement the EPA procurement guidelines

for re-refined lubricating oil and retread tires. Fleet and

commodity managers shall take immediate steps, as appropriate, to

procure these items in accordance with section 6002 of RCRA [42

U.S.C. 6962]. This provision does not preclude the acquisition of

biobased (e.g., vegetable) oils.

(b) The FEE shall work to educate executive agencies about the

new Department of Defense Cooperative Tire Qualification Program,

including the Cooperative Approval Tire List and Cooperative Plant

Qualification Program, as they apply to retread tires.

PART 6 - AGENCY GOALS AND REPORTING REQUIREMENTS

Sec. 601. Agency Goals. (a)(1) Each agency shall establish either

a goal for solid waste prevention and a goal for recycling or a

goal for solid waste diversion to be achieved by January 1, 2000.

Each agency shall further ensure that the established goals include

long-range goals to be achieved by the years 2005 and 2010. These

goals shall be submitted to the FEE within 180 days after the date

of this order. (2) In addition to white paper, mixed

paper/cardboard, aluminum, plastic, and glass, agencies should

incorporate into their recycling programs efforts to recycle,

reuse, or refurbish pallets and collect toner cartridges for

remanufacturing. Agencies should also include programs to reduce or

recycle, as appropriate, batteries, scrap metal, and fluorescent

lamps and ballasts.

(b) Agencies shall set goals to increase the procurement of

products that are made with recovered materials, in order to

maximize the number of recycled products purchased, relative to

non-recycled alternatives.

environmentally preferable products and services for those products

and services for which the agency has completed a pilot program.

(d) Agencies are encouraged to incorporate into their Government

Performance [and] Results Act [of 1993] [see Short Title of 1993

Amendment note set out under section 1101 of Title 31, Money and

Finance] annual performance plans the goals listed in subsections

(a), (b), and (c) above, starting with the submittal to the Office

of Management and Budget of the plan accompanying the FY 2001

budget.

(e) Progress on attaining these goals should be reported by the

agencies to the FEE for the biennial report specified in section

302(a)(2) of this order.

PART 7 - APPLICABILITY AND OTHER REQUIREMENTS

Sec. 701. Contractor Applicability. Contracts that provide for

contractor operation of a Government-owned or -leased facility

and/or contracts that provide for contractor or other support

services at Government-owned or -operated facilities awarded by

executive agencies after the date of this order, shall include

provisions that obligate the contractor to comply with the

requirements of this order within the scope of its operations.

Sec. 702. Real Property Acquisition and Management. Within 90

days after the date of this order, and to the extent permitted by

law and where economically feasible, executive agencies shall

ensure compliance with the provisions of this order in the

acquisition and management of Federally owned and leased space. The

GSA and other executive agencies shall also include environmental

and recycling provisions in the acquisition and management of all

leased space and in the construction of new Federal buildings.

Sec. 703. Retention of Funds. (a) The Administrator of General

Services shall continue with the program that retains for the

agencies the proceeds from the sale of materials recovered through

recycling or waste prevention programs and specifying the

eligibility requirements for the materials being recycled.

(b) Agencies in non-GSA managed facilities, to the extent

permitted by law, should develop a plan to retain the proceeds from

the sale of materials recovered through recycling or waste

prevention programs.

Sec. 704. Model Facility Programs. Each executive agency shall

establish a model demonstration program incorporating some or all

of the following elements as appropriate. Agencies are encouraged

to demonstrate and test new and innovative approaches such as

incorporating environmentally preferable and bio-based products;

increasing the quantity and types of products containing recovered

materials; expanding collection programs; implementing source

reduction programs; composting organic materials when feasible; and

exploring public/private partnerships to develop markets for

recovered materials.

Sec. 705. Recycling Programs. (a)(1) Each executive agency that

has not already done so shall initiate a program to promote

cost-effective waste prevention and recycling of reusable materials

in all of its facilities. The recycling programs implemented

pursuant to this section must be compatible with applicable State

and local recycling requirements.

(2) Agencies shall designate a recycling coordinator for each

facility or installation. The recycling coordinator shall implement

or maintain waste prevention and recycling programs in the

agencies' action plans.

(b) Executive agencies shall also consider cooperative ventures

with State and local governments to promote recycling and waste

reduction in the community.

Sec. 706. Review of Implementation. The President's Council on

Integrity and Efficiency shall request that the Inspectors General

periodically review agencies' implementation of this order.

PART 8 - AWARENESS

Sec. 801. Training. (a) Within 180 days of the date of this

order, the FEE and OFPP should evaluate the training courses

provided by the Federal Acquisition Institute and the Defense

Acquisition University and recommend any appropriate curriculum

changes to ensure that procurement officials are aware of the

requirements of this order.

(b) Executive agencies shall provide training to program

management and requesting activities as needed to ensure awareness

of the requirements of this order.

Sec. 802. Internal Agency Awards Programs. Each agency shall

develop an internal agency-wide awards program, as appropriate, to

reward its most innovative environmental programs. Among others,

winners of agency-wide awards will be eligible for the White House

Awards Program.

Sec. 803. White House Awards Program. A Government-wide award

will be presented annually by the White House to the best, most

innovative programs implementing the objectives of this order to

give greater visibility to these efforts so that they can be

incorporated Government-wide. The White House Awards Program will

be administered jointly by the FEE and the CEQ.

PART 9 - REVOCATION, LIMITATION, AND IMPLEMENTATION

Sec. 901. Executive Order 12873 of October 20, 1993, is hereby

revoked.

Sec. 902. This order is intended only to improve the internal

management of the executive branch and is not intended to create

any right, benefit, or trust responsibility, substantive or

procedural, enforceable at law by a party against the United

States, its agencies, its officers, or any other person.

Sec. 903. The policies and direction expressed in the EPA

guidance to be developed pursuant to section 503 of this order

shall be implemented and incorporated in the Federal Acquisition

Regulation within 180 days after issuance of the guidance.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6939c of this title.

-End-

-CITE-

42 USC Sec. 6962 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-

Sec. 6962. Federal procurement

-STATUTE-

(a) Application of section

Except as provided in subsection (b) of this section, a procuring

agency shall comply with the requirements set forth in this section

and any regulations issued under this section, with respect to any

purchase or acquisition of a procurement item where 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 6964 of this title

(as promulgated before October 21, 1976, 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.

(1) After the date specified in applicable guidelines prepared

pursuant to subsection (e) of this section, each procuring agency

which procures any items designated in such guidelines shall

procure such items composed of the highest percentage of recovered

materials practicable (and in the case of paper, the highest

percentage of the postconsumer recovered materials referred to in

subsection (h)(1) of this section practicable), consistent with

maintaining a satisfactory level of competition, considering such

guidelines. The decision not to procure such items shall be based

on a determination that such procurement items -

(A) are not reasonably available within a reasonable period of

time;

(B) fail to meet the performance standards set forth in the

applicable specifications or fail to meet the reasonable

performance standards of the procuring agencies; or

determination under subparagraph (B) shall be made on the basis

of the guidelines of the National Institute of Standards and

Technology in any case in which such material is covered by such

guidelines.

(2) Agencies that generate heat, mechanical, or electrical energy

from fossil fuel in systems that have the technical capability of

using energy or fuels derived from solid waste as a primary or

supplementary fuel shall use such capability to the maximum extent

practicable.

(3)(A) After the date specified in any applicable guidelines

prepared pursuant to subsection (e) of this section, contracting

officers shall require that vendors:

(i) certify 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

(ii) estimate the percentage of the total material utilized for

the performance of the contract which is recovered materials.

(B) Clause (ii) of subparagraph (A) applies only to a contract in

an amount greater than $100,000.

(d) Specifications

All Federal agencies that have the responsibility 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

eighteen months after November 8, 1984, eliminate from such

specifications -

(A) any exclusion of recovered materials and

(B) any requirement that items be manufactured from virgin

materials; and

(2) within one year after the date of publication of applicable

guidelines under subsection (e) of this section, or as otherwise

specified in such guidelines, assure that such specifications

require the use of recovered materials to the maximum extent

possible without jeopardizing the intended end use of the item.

(e) Guidelines

The Administrator, after consultation with the Administrator of

General Services, the Secretary of Commerce (acting through the

National Institute of Standards and Technology), 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 agencies

will carry out the objectives of this section, and in the case of

paper, provide for maximizing the use of post consumer recovered

materials referred to in subsection (h)(1) of this section; and

(2) set forth recommended practices with respect to the

procurement of recovered materials and items containing such

materials and with respect to certification by vendors of the

percentage of recovered materials used,

and shall provide information as to the availability, relative

price, and performance of such materials and items and where

appropriate shall recommend the level of recovered material to be

contained in the procured product. The Administrator shall prepare

final guidelines for paper within one hundred and eighty days after

November 8, 1984, and for three additional product categories

(including tires) by October 1, 1985. In making the designation

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;

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 Administrator, shall implement

the requirements of 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, every two years

beginning in 1984, report to the Congress on actions taken by

Federal agencies and the progress made in the implementation of

this section, including agency compliance with subsection (d) of

this section.

(h) "Recovered materials" defined

As used in this section, in the case of paper products, the term

"recovered materials" includes -

(1) postconsumer materials such as -

(A) paper, paperboard, and fibrous wastes from retail stores,

office buildings, homes, and so forth, after they have passed

through their end-usage as a consumer item, including: used

corrugated boxes; old newspapers; old magazines; mixed waste

paper; tabulating cards; and used cordage; and

(B) all paper, paperboard, and fibrous wastes that enter and

are collected from municipal solid waste, and

(2) manufacturing, forest residues, and other wastes such as -

(A) dry paper and paperboard waste generated after completion

of the papermaking process (that is, those manufacturing

operations up to and including the cutting and trimming of the

paper machine reel into smaller rolls or rough sheets)

including: envelope cuttings, bindery trimmings, and other

paper and paperboard waste, resulting from printing, cutting,

forming, and other converting operations; bag, box, and carton

manufacturing wastes; and butt rolls, mill wrappers, and

rejected unused stock; and

(B) finished paper and paperboard from obsolete inventories

of paper and paperboard manufacturers, merchants, wholesalers,

dealers, printers, converters, or others;

extractive, or wood-cutting processes, flax, straw, linters,

bagasse, slash, and other forest residues;

(D) wastes generated by the conversion of goods made from

fibrous material (that is, waste rope from cordage manufacture,

textile mill waste, and cuttings); and

(E) fibers recovered from waste water which otherwise would

enter the waste stream.

(i) Procurement program

(1) Within one year after the date of publication of applicable

guidelines under subsection (e) of this section, each procuring

agency shall develop an affirmative procurement program which will

assure that items composed of recovered materials will be purchased

to the maximum extent practicable and which is consistent with

applicable provisions of Federal procurement law.

(2) Each affirmative procurement program required under this

subsection shall, at a minimum, contain -

(A) a recovered materials preference program;

(B) an agency promotion program to promote the preference

program adopted under subparagraph (A);

of recovered material utilized in the performance of a contract;

certification of minimum recovered material content actually

utilized, where appropriate; and reasonable verification

procedures for estimates and certifications; and

(D) annual review and monitoring of the effectiveness of an

agency's affirmative procurement program.

In the case of paper, the recovered materials preference program

required under subparagraph (A) shall provide for the maximum use

of the post consumer recovered materials referred to in subsection

(h)(1) of this section.

(3) In developing the preference program, the following options

shall be considered for adoption:

(A) Case-by-Case Policy Development: Subject to the limitations

of subsection (c)(1)(A) through (C) of this section, a policy of

awarding contracts to the vendor offering an item composed of the

highest percentage of recovered materials practicable (and in the

case of paper, the highest percentage of the post consumer

recovered materials referred to in subsection (h)(1) of this

section). Subject to such limitations, agencies may make an award

to a vendor offering items with less than the maximum recovered

materials content.

(B) Minimum Content Standards: Minimum recovered materials

content specifications which are set in such a way as to assure

that the recovered materials content (and in the case of paper,

the content of post consumer materials referred to in subsection

(h)(1) of this section) required is the maximum available without

jeopardizing the intended end use of the item, or violating the

limitations of subsection (c)(1)(A) through (C) of this section.

Procuring agencies shall adopt one of the options set forth in

subparagraphs (A) and (B) or a substantially equivalent

alternative, for inclusion in the affirmative procurement program.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 6002, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2822; amended Pub. L. 95-609, Sec. 7(n),

Nov. 8, 1978, 92 Stat. 3082; Pub. L. 96-482, Sec. 22, Oct. 21,

1980, 94 Stat. 2346; Pub. L. 97-375, title I, Sec. 102, Dec. 21,

1982, 96 Stat. 1819; Pub. L. 98-616, title V, Sec. 501(a)-(e), Nov.

8, 1984, 98 Stat. 3274-3276; Pub. L. 100-418, title V, Sec.

5115(c), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102-393, title VI,

Sec. 630, Oct. 6, 1992, 106 Stat. 1773; Pub. L. 103-355, title I,

Sec. 1554(1), title IV, Sec. 4104(e), Oct. 13, 1994, 108 Stat.

3300, 3342.)

-COD-

CODIFICATION

Pub. L. 102-393, title VI, Sec. 630, Oct. 6, 1990, 106 Stat.

1773, which directed that this title be amended by adding a new

section 6962j, relating to a preference for recycled toner

cartridges, and which had been executed by adding the provisions of

purported new section as subsec. (j) of this section, to reflect

the probable intent of Congress, was repealed by Pub. L. 103-355,

title I, Sec. 1554(1), Oct. 13, 1994, 108 Stat. 3300. Similar

provisions were contained in Pub. L. 103-123, title IV, Sec. 401,

Oct. 28, 1993, 107 Stat. 1238, prior to repeal by Pub. L. 103-355,

title I, Sec. 1554(2), Oct. 13, 1994, 108 Stat. 3300.

-MISC1-

AMENDMENTS

1994 - Subsec. (c)(3). Pub. L. 103-355, Sec. 4104(e), designated

existing provisions as subpar. (A), redesignated subpars. (A) and

(B) as cls. (i) and (ii), respectively, and added subpar. (B).

Subsec. (j). Pub. L. 103-355, Sec. 1554(1), struck out subsec.

(j). See Codification note above.

1992 - Subsec. (j). Pub. L. 102-393 added subsec. (j). See

Codification note above.

1988 - Subsecs. (c)(1)(C), (e). Pub. L. 100-418 substituted

"National Institute of Standards and Technology" for "Bureau of

Standards".

1984 - Subsec. (c)(1). Pub. L. 98-616, Sec. 501(c), inserted

"(and in the case of paper, the highest percentage of the

postconsumer recovered materials referred to in subsection (h)(1)

of this section practicable)".

Subsec. (d)(1). Pub. L. 98-616, Sec. 501(e), substituted

"eighteen months after November 8, 1984" for "five years after

October 21, 1976".

Subsec. (e). Pub. L. 98-616, Sec. 501(b)(2), substituted "for

paper within one hundred and eighty days after November 8, 1984,

and for three additional product categories (including tires) by

October 1, 1985" for "for at least three product categories,

including paper, by May 1, 1981, and for two additional product

categories, including construction materials, by September 30,

1982." in provisions following par. (2).

Subsec. (e)(1). Pub. L. 98-616, Sec. 501(b)(1), inserted ", and

in the case of paper, provide for maximizing the use of post

consumer recovered materials referred to in subsection (h)(1) of

this section".

Subsec. (g). Pub. L. 98-616, Sec. 501(d), substituted "the

requirements of" for "the policy expressed in" and inserted ", and

to, every two years beginning in 1984, report to the Congress on

actions taken by Federal agencies and the progress made in the

implementation of this section, including agency compliance with

subsection (d) of this section".

Subsecs. (h), (i). Pub. L. 98-616, Sec. 501(a), added subsecs.

(h) and (i).

1982 - Subsec. (g). Pub. L. 97-375 struck out provision requiring

the Office of Procurement Policy to report annually to Congress on

actions taken by Federal agencies and the progress made in the

implementation of the policy expressed in this section.

1980 - Subsec. (c)(1). Pub. L. 96-482, Sec. 22(1), (2), in

provision preceding subpar. (A), substituted "After the date

specified in applicable guidelines prepared pursuant to subsection

(e) of this section, each procuring agency which procures any item

designated in such guidelines shall procure such" for "After two

years after October 21, 1976, each procuring agency shall procure",

and in subpar. (C), "subparagraph (B)" for "clause (B)".

Subsec. (c)(2). Pub. L. 96-482, Sec. 22(3), substituted "energy

or fuels derived from solid waste" for "recovered material and

recovered-material-derived fuel".

Subsec. (c)(3). Pub. L. 96-482, Sec. 22(4), substituted subpars.

(A) and (B) for provision requiring certification of the percentage

of the total material utilized for the performance of the contract

which is recovered materials.

Subsec. (d). Pub. L. 96-482, Sec. 22(5), in par. (1), substituted

provision requiring Federal agencies to eliminate from

specifications as expeditiously as possible, but in no event later

than 5 years after Oct. 21, 1976, any exclusion of recovered

materials and any requirement that items be manufactured from

virgin materials for provision that Federal agencies in reviewing

specifications, ascertain whether those specifications violate

prohibitions in par. (2)(A) to (C), with such review undertaken not

later than 18 months after Oct. 21, 1976, and in par. (2),

substituted provision that Federal agencies act within 1 year from

publication of applicable guidelines under subsec. (e) of this

section for provision that in drafting or revising specifications

after Oct. 21, 1976, any exclusion of recovered materials be

eliminated and specifications not require the item to be

manufactured from virgin materials.

Subsec. (e). Pub. L. 96-482, Sec. 22(6), designated provision

relating to requirements of guidelines as cl. (2) and subpars. (A)

and (C), added cl. (1), subpars. (B) and (C), and provision

preceding subpar. (A), and struck out provision requiring

information on source of supply.

1978 - Subsec. (c). Pub. L. 95-609, Sec. 7(n)(1), (2),

redesignated subpar. (1)(A) as par. (1), subpars. (1)(B) and (C) as

pars. (2) and (3), respectively, and cls. (i) to (iii) of former

subpar. (1)(A) as subpars. (A) to (C), respectively, of par. (1),

and in par. (3), as so redesignated, inserted "After the date

specified in any applicable guidelines prepared pursuant to

subsection (e) of this section," before "contracting".

Subsec. (e). Pub. L. 95-609, Sec. 7(n)(3), inserted provision

dealing with certification by vendors of the materials used.

EFFECTIVE DATE OF 1994 AMENDMENT

For effective date and applicability of amendment by Pub. L.

103-355, see section 10001 of Pub. L. 103-355, set out as a note

under section 251 of Title 41, Public Contracts.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-MISC2-

GREENING THE GOVERNMENT THROUGH WASTE PREVENTION

Executive agency heads to develop and implement affirmative

procurement programs in accordance with this section and Ex. Ord.

No. 13101, and specifications, standards, and product descriptions

inconsistent with this section or Ex. Ord. No. 13101 to be revised,

and guidance for use in determining Federal facility compliance

with this section and Ex. Ord. No. 13101 to be prepared with

evaluations to be based on this implementing guidance, see Ex. Ord.

No. 13101, Secs. 402, 403, 501(a), Sept. 14, 1998, 63 F.R. 49646,

49647, set out as a note under section 6961 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6905, 6941, 8102 of this

title.

-End-

-CITE-

42 USC Sec. 6963 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-

Sec. 6963. Cooperation with Environmental Protection Agency

-STATUTE-

(a) General rule

All Federal agencies shall assist the Administrator in carrying

out his functions under this chapter 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 waste facilities. This

information shall be provided in such format as may be determined

by the Administrator.

(b) Information relating to energy and materials conservation and

recovery

The Administrator shall collect, maintain, and disseminate

information concerning the market potential of energy and materials

recovered from solid waste, including materials 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 provide

information on the technical and economic aspects of developing

integrated resource conservation or recovery systems which provide

for the recovery of source-separated materials to be recycled or

the conservation of resources. The Administrator shall utilize the

authorities of subsection (a) of this section in carrying out this

subsection.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 6003, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2823; amended Pub. L. 96-482, Sec.

32(g), Oct. 21, 1980, 94 Stat. 2355.)

-MISC1-

AMENDMENTS

1980 - Pub. L. 96-482 designated existing provision as subsec.

(a), substituted provision that information be provided in a format

determined by the Administrator for provision that information be

furnished on a reimbursable basis, and added subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-End-

-CITE-

42 USC Sec. 6964 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-

Sec. 6964. Applicability of solid waste disposal guidelines to

Executive agencies

-STATUTE-

(a) Compliance

(1) If -

(A) an Executive agency (as defined in section 105 of title 5)

or any unit of the legislative branch of the Federal Government

has jurisdiction over any real property or facility the operation

or administration of which involves such agency in solid waste

management activities, or

(B) such an agency enters into a contract with any person 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

recommended under section 6907 of this title and the purposes of

this chapter in the operation or 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 -

(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 chapter in conducting such activity.

(3) Each Executive agency which permits the use of Federal

property for purposes of disposal of solid waste shall insure

compliance with such guidelines and the purposes of this chapter in

the disposal of such waste.

(4) The President or the Committee on House Oversight 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 6907 of this

title and the purposes of this chapter.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 6004, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2823; amended Pub. L. 95-609, Sec. 7(o),

Nov. 8, 1978, 92 Stat. 3083; Pub. L. 96-482, Sec. 23, Oct. 21,

1980, 94 Stat. 2347; Pub. L. 104-186, title II, Sec. 222(2), Aug.

20, 1996, 110 Stat. 1751.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3254e of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS

1996 - Subsec. (a)(4). Pub. L. 104-186 substituted "House

Oversight" for "House Administration".

1980 - Subsec. (a)(1)(A). Pub. L. 96-482, Sec. 23(1), inserted

reference to any unit of the legislative branch of the Federal

Government.

Subsec. (a)(2). Pub. L. 96-482, Sec. 23(2), required any unit of

the legislative branch of the Federal Government to insure

compliance with solid waste disposal guidelines.

Subsec. (a)(4). Pub. L. 96-482, Sec. 23(3), required House

Committee on House Administration and Senate Committee on Rules and

Administration with regard to any unit of the legislative branch of

the Federal Government to prescribe implementing regulations.

1978 - Subsec. (a)(1). Pub. L. 95-609, Sec. 7(o)(1), (2),

substituted "management" for "disposal" in two places.

Subsec. (b). Pub. L. 95-609, Sec. 7(o)(3), substituted

"Administrator" for "Secretary".

-CHANGE-

CHANGE OF NAME

Committee on House Oversight of House of Representatives changed

to Committee on House Administration of House of Representatives by

House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6962 of this title.

-End-

-CITE-

42 USC Sec. 6965 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

-HEAD-

Sec. 6965. Chief Financial Officer report

-STATUTE-

The Chief Financial Officer of each affected agency shall submit

to Congress an annual report containing, to the extent practicable,

a detailed description of the compliance activities undertaken by

the agency for mixed waste streams, and an accounting of the fines

and penalties imposed on the agency for violations involving mixed

waste.

-SOURCE-

(Pub. L. 102-386, title I, Sec. 110, Oct. 6, 1992, 106 Stat. 1516.)

-COD-

CODIFICATION

Section was enacted as part of the Federal Facility Compliance

Act of 1992, and not as part of the Solid Waste Disposal Act which

comprises this chapter.

-End-

-CITE-

42 USC SUBCHAPTER VII - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-End-

-CITE-

42 USC Sec. 6971 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6971. Employee protection

-STATUTE-

(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 chapter 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 chapter or of any applicable

implementation plan.

(b) Remedy

Any employee or a representative of employees who believes 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 who shall be the

respondent. 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 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 shall be subject to section

554 of title 5. Upon receiving the report of such 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, requiring 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 chapter.

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 incurred by the applicant for, or in connection

with, the institution and 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 chapter.

(e) Employment shifts and loss

The Administrator shall conduct continuing evaluations of

potential loss or shifts of employment which may result from the

administration or enforcement of the provisions of this chapter and

applicable implementation plans, including, where appropriate,

investigating threatened plant closures or reductions in employment

allegedly resulting from such administration 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

employment 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. 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

recommendations as he deems appropriate. Such report, findings, and

recommendations 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 chapter or any

applicable implementation plan.

(f) Occupational safety and health

In order to assist the Secretary of Labor and the Director of the

National Institute for Occupational Safety and Health in carrying

out their duties under the Occupational Safety and Health Act of

1970 [29 U.S.C. 651 et seq.], 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 persons

working at a hazardous waste generation, treatment, storage,

disposal facility or site or otherwise handling hazardous waste

may be exposed, the nature and extent of the exposure, and

methods to protect workers from such hazards; and

generation, treatment, storage or disposal facility or site;

and

(2) notify the Secretary and the Director of the

Administrator's receipt of notifications under section 6930 or

reports under sections 6922, 6923, and 6924 of this title and

make such notifications and reports available to the Secretary

and the Director.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 7001, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2824; amended Pub. L. 96-482, Sec. 24,

Oct. 21, 1980, 94 Stat. 2347.)

-REFTEXT-

REFERENCES IN TEXT

The Occupational Safety and Health Act of 1970, referred to in

subsec. (f), is Pub. L. 91-596, Dec. 29, 1970, 84 Stat. 1590, as

amended, which is classified principally to chapter 15 (Sec. 651 et

seq.) of Title 29, Labor. For complete classification of this Act

to the Code, see Short Title note set out under section 651 of

Title 29 and Tables.

-MISC1-

AMENDMENTS

1980 - Subsec. (f). Pub. L. 96-482 added subsec. (f).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-End-

-CITE-

42 USC Sec. 6972 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6972. Citizen suits

-STATUTE-

(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)(A) against any person (including (a) the United States, and

(b) any other governmental instrumentality or agency, to the

extent permitted by the eleventh amendment to the Constitution)

who is alleged to be in violation of any permit, standard,

regulation, condition, requirement, prohibition, or order which

has become effective pursuant to this chapter; or

(B) against any person, including the United States and any

other governmental instrumentality or agency, to the extent

permitted by the eleventh amendment to the Constitution, and

including any past or present generator, past or present

transporter, or past or present owner or operator of a treatment,

storage, or disposal facility, who has contributed or who is

contributing to the past or present handling, storage, treatment,

transportation, or disposal of any solid or hazardous waste which

may present an imminent and substantial endangerment to health or

the environment; or

(2) against the Administrator where there is alleged a failure

of the Administrator to perform any act or duty under this

chapter 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 or the alleged endangerment may occur. 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 the permit, standard, regulation, condition,

requirement, prohibition, or order, referred to in paragraph

(1)(A), to restrain any person who has contributed or who is

contributing to the past or present handling, storage, treatment,

transportation, or disposal of any solid or hazardous waste

referred to in paragraph (1)(B), to order such person to take such

other action as may be necessary, or both, or to order the

Administrator to perform the act or duty referred to in paragraph

(2), as the case may be, and to apply any appropriate civil

penalties under section 6928(a) and (g) of this title.

(b) Actions prohibited

(1) No action may be commenced under subsection (a)(1)(A) of this

section -

(A) prior to 60 days after the plaintiff has given notice of

the violation to -

(i) the Administrator;

(ii) the State in which the alleged violation occurs; and

(iii) to any alleged violator of such permit, standard,

regulation, condition, requirement, prohibition, or order,

except that such action may be brought immediately after such

notification in the case of an action under this section

respecting a violation of subchapter III of this chapter; or

(B) if the Administrator or State has commenced and is

diligently 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,

prohibition, or order.

In any action under subsection (a)(1)(A) of this section in a court

of the United States, any person may intervene as a matter of

right.

(2)(A) No action may be commenced under subsection (a)(1)(B) of

this section prior to ninety days after the plaintiff has given

notice of the endangerment to -

(i) the Administrator;

(ii) the State in which the alleged endangerment may occur;

(iii) any person alleged to have contributed or to be

contributing to the past or present handling, storage, treatment,

transportation, or disposal of any solid or hazardous waste

referred to in subsection (a)(1)(B) of this section,

except that such action may be brought immediately after such

notification in the case of an action under this section respecting

a violation of subchapter III of this chapter.

(B) No action may be commenced under subsection (a)(1)(B) of this

section if the Administrator, in order to restrain or abate acts or

conditions which may have contributed or are contributing to the

activities which may present the alleged endangerment -

(i) has commenced and is diligently prosecuting an action under

section 6973 of this title or under section 106 of the

Comprehensive Environmental Response, Compensation and Liability

Act of 1980 [42 U.S.C. 9606],(!1)

(ii) is actually engaging in a removal action under section 104

of the Comprehensive Environmental Response, Compensation and

Liability Act of 1980 [42 U.S.C. 9604];

(iii) has incurred costs to initiate a Remedial Investigation

and Feasibility Study under section 104 of the Comprehensive

Environmental Response, Compensation and Liability Act of 1980

[42 U.S.C. 9604] and is diligently proceeding with a remedial

action under that Act [42 U.S.C. 9601 et seq.]; or

(iv) has obtained a court order (including a consent decree) or

issued an administrative order under section 106 of the

Comprehensive Environmental Response, Compensation and Liability

Act of 980 (!2) [42 U.S.C. 9606] or section 6973 of this title

pursuant to which a responsible party is diligently conducting a

removal action, Remedial Investigation and Feasibility Study

(RIFS), or proceeding with a remedial action.

In the case of an administrative order referred to in clause (iv),

actions under subsection (a)(1)(B) of this section are prohibited

only as to the scope and duration of the administrative order

referred to in clause (iv).

section if the State, in order to restrain or abate acts or

conditions which may have contributed or are contributing to the

activities which may present the alleged endangerment -

(i) has commenced and is diligently prosecuting an action under

subsection (a)(1)(B) of this section;

(ii) is actually engaging in a removal action under section 104

of the Comprehensive Environmental Response, Compensation and

Liability Act of 1980 [42 U.S.C. 9604]; or

(iii) has incurred costs to initiate a Remedial Investigation

and Feasibility Study under section 104 of the Comprehensive

Environmental Response, Compensation and Liability Act of 1980

[42 U.S.C. 9604] and is diligently proceeding with a remedial

action under that Act [42 U.S.C. 9601 et seq.].

(D) No action may be commenced under subsection (a)(1)(B) of this

section by any person (other than a State or local government) with

respect to the siting of a hazardous waste treatment, storage, or a

disposal facility, nor to restrain or enjoin the issuance of a

permit for such facility.

(E) In any action under subsection (a)(1)(B) of this section in a

court of the United States, any person may intervene as a matter of

right when the applicant claims an interest relating to the subject

of the action and he is so situated that the disposition of the

action may, as a practical matter, impair or impede his ability to

protect that interest, unless the Administrator or the State shows

that the applicant's interest is adequately represented by existing

parties.

(F) Whenever any action is brought under subsection (a)(1)(B) of

this section in a court of the United States, the plaintiff shall

serve a copy of the complaint on the Attorney General of the United

States and with the Administrator.

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

subchapter III of this chapter. Notice under this subsection shall

be given in such manner as the Administrator shall prescribe by

regulation. Any action respecting a violation under this chapter

may be brought under this section only in the judicial district in

which such alleged violation occurs.

(d) Intervention

In any action under this section the Administrator, 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 or section 6976 of this title, may award

costs of litigation (including reasonable attorney and expert

witness fees) to the prevailing or substantially prevailing party,

whenever 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 accordance 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 other

relief (including relief against the Administrator or a State

agency).

(g) Transporters

A transporter shall not be deemed to have contributed or to be

contributing to the handling, storage, treatment, or disposal,

referred to in subsection (a)(1)(B) of this section taking place

after such solid waste or hazardous waste has left the possession

or control of such transporter, if the transportation of such waste

was under a sole contractual arrangement arising from a published

tariff and acceptance for carriage by common carrier by rail and

such transporter has exercised due care in the past or present

handling, storage, treatment, transportation and disposal of such

waste.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 7002, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2825; amended Pub. L. 95-609, Sec. 7(p),

Nov. 8, 1978, 92 Stat. 3083; Pub. L. 98-616, title IV, Sec. 401,

Nov. 8, 1984, 98 Stat. 3268.)

-REFTEXT-

REFERENCES IN TEXT

That Act, referred to in subsec. (b)(2)(B)(iii), (C)(iii), means

Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, known as

the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980, which is classified principally to chapter

103 (Sec. 9601 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

9601 of this title and Tables.

The Federal Rules of Civil Procedure, referred to in subsec. (e),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-616, Sec. 401(a), (b), designated

existing provisions of subsec. (a)(1) as subpar. (A) thereof,

inserted "prohibition," after "requirement,", added subpar. (B),

and in provisions following par. (2) inserted "or the alleged

endangerment may occur" in first sentence and substituted "to

enforce the permit, standard, regulation, condition, requirement,

prohibition, or order, referred to in paragraph (1)(A), to restrain

any person who has contributed or who is contributing to the past

or present handling, storage, treatment, transportation, or

disposal of any solid or hazardous waste referred to in paragraph

(1)(B), to order such person to take such other action as may be

necessary, or both, or to order the Administrator to perform the

act or duty referred to in paragraph (2), as the case may be, and

to apply any appropriate civil penalties under section 6928(a) and

(g) of this title" for "to enforce such regulation or order, or to

order the Administrator to perform such act or duty as the case may

be".

Subsec. (b). Pub. L. 98-616, Sec. 401(d), amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: "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

"(2) if the Administrator or State has commenced and is

diligently 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."

Subsec. (e). Pub. L. 98-616, Sec. 401(e), substituted "to the

prevailing or substantially prevailing party" for "to any party"

and inserted "or section 6976 of this title".

Subsec. (g). Pub. L. 98-616, Sec. 401(c), added subsec. (g).

1978 - Subsec. (c). Pub. L. 95-609, Sec. 7(p)(1), substituted

"subchapter III of this chapter" for "section 212 of this Act."

Subsec. (e). Pub. L. 95-609, Sec. 7(p)(2), substituted "require"

for "requiring".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6945 of this title.

-FOOTNOTE-

(!1) So in original. The comma probably should be a semicolon.

(!2) So in original. Probably should be "1980".

-End-

-CITE-

42 USC Sec. 6973 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6973. Imminent hazard

-STATUTE-

(a) Authority of Administrator

Notwithstanding any other provision of this chapter, upon receipt

of evidence that the past or present handling, storage, treatment,

transportation or disposal of any solid waste or hazardous waste

may present an imminent and substantial endangerment to health or

the environment, the Administrator may bring suit on behalf of the

United States in the appropriate district court against any person

(including any past or present generator, past or present

transporter, or past or present owner or operator of a treatment,

storage, or disposal facility) who has contributed or who is

contributing to such handling, storage, treatment, transportation

or disposal to restrain such person from such handling, storage,

treatment, transportation, or disposal, to order such person to

take such other action as may be necessary, or both. A transporter

shall not be deemed to have contributed or to be contributing to

such handling, storage, treatment, or disposal taking place after

such solid waste or hazardous waste has left the possession or

control of such transporter if the transportation of such waste was

under a sole contractural (!1) arrangement arising from a published

tariff and acceptance for carriage by common carrier by rail and

such transporter has exercised due care in the past or present

handling, storage, treatment, transportation and disposal of such

waste. The Administrator shall provide notice to the affected State

of any such suit. The Administrator 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 environment.

(b) Violations

Any person who willfully violates, or fails or refuses to comply

with, any order of the Administrator under subsection (a) of this

section may, in an action brought in the appropriate United 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.

Upon receipt of information that there is hazardous waste at any

site which has presented an imminent and substantial endangerment

to human health or the environment, the Administrator shall provide

immediate notice to the appropriate local government agencies. In

addition, the Administrator shall require notice of such

endangerment to be promptly posted at the site where the waste is

located.

(d) Public participation in settlements

Whenever the United States or the Administrator proposes to

covenant not to sue or to forbear from suit or to settle any claim

arising under this section, notice, and opportunity for a public

meeting in the affected area, and a reasonable opportunity to

comment on the proposed settlement prior to its final entry shall

be afforded to the public. The decision of the United States or the

Administrator to enter into or not to enter into such Consent

Decree, covenant or agreement shall not constitute a final agency

action subject to judicial review under this chapter or chapter 7

of title 5.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 7003, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2826; amended Pub. L. 95-609, Sec. 7(q),

Nov. 8, 1978, 92 Stat. 3083; Pub. L. 96-482, Sec. 25, Oct. 21,

1980, 94 Stat. 2348; Pub. L. 98-616, title IV, Secs. 402, 403(a),

404, Nov. 8, 1984, 98 Stat. 3271, 3273.)

-COD-

CODIFICATION

In subsec. (d), "chapter 7 of title 5" substituted for "the

Administrative Procedure Act" on authority of Pub. L. 89-554, Sec.

7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which

enacted Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-616, Sec. 402, inserted "past or

present" after "evidence that the", substituted "against any person

(including any past or present generator, past or present

transporter, or past or present owner or operator of a treatment,

storage, or disposal facility) who has contributed or, who is" for

"to immediately restrain any person", substituted "to restrain such

person from" for "to stop", substituted ", to order such person to

take such other action as may be necessary, or both" for "or to

take such other action as may be necessary", and inserted "A

transporter shall not be deemed to have contributed or to be

contributing to such handling, storage, treatment, or disposal,

taking place after such solid waste or hazardous waste has left the

possession or control of such transporter, if the transportation of

such waste was under a sole contractural [sic] arrangement arising

from a published tariff and acceptance for carriage by common

carrier by rail and such transporter has exercised due care in the

past or present handling, storage, treatment, transportation and

disposal of such waste."

Subsec. (c). Pub. L. 98-616, Sec. 403(a), added subsec. (c).

Subsec. (d). Pub. L. 98-616, Sec. 404, added subsec. (d).

1980 - Pub. L. 96-482, Sec. 25, designated existing provisions as

subsec. (a), substituted "may present" for "is presenting" and

"such handling, storage, treatment, transportation or disposal" for

"the alleged disposal" and authorized other action to be taken by

the Administrator after notice including issuance of protective

orders relating to public health and the environment, and added

subsec. (b).

1978 - Pub. L. 95-609 struck out "for" after "restrain any

person".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6972, 7412, 9604, 9606 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "contractual".

-End-

-CITE-

42 USC Sec. 6974 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6974. Petition for regulations; public participation

-STATUTE-

(a) Petition

Any person may petition the Administrator for the promulgation,

amendment, or repeal of any regulation under this chapter. Within a

reasonable time following receipt of such petition, the

Administrator shall take action with respect to such petition and

shall publish notice of such action in the Federal Register,

together with the reasons therefor.

(b) Public participation

(1) Public participation in the development, revision,

implementation, and enforcement of any regulation, guideline,

information, or program under this chapter 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 6925 of this title, the

Administrator shall -

(A) cause to be published in major local newspapers of general

circulation and 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

jurisdiction 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

opposition to the agency's intention to issue such permit and a

request for a hearing, or if the Administrator determines on his

own initiative, he shall hold an informal public hearing (including

an opportunity 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 convenient to the nearest population center to such

proposed facility and give notice in the aforementioned manner of

the date, time, and subject matter of such hearing. No State

program which provides for the issuance of permits referred to in

this paragraph may be authorized by the Administrator under section

6926 of this title unless such program provides for the notice and

hearing required by the paragraph.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 7004, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2826; amended Pub. L. 96-482, Sec. 26,

Oct. 21, 1980, 94 Stat. 2348.)

-MISC1-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-482 designated existing provisions

as par. (1) and added par. (2).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6925 of this title.

-End-

-CITE-

42 USC Sec. 6975 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6975. Separability

-STATUTE-

If any provision of this chapter, or the application of any

provision of this chapter to any person or circumstance, is held

invalid, the application of such provision to other persons or

circumstances, and the remainder of this chapter, shall not be

affected thereby.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 7005, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2827.)

-End-

-CITE-

42 USC Sec. 6976 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6976. Judicial review

-STATUTE-

(a) Review of final regulations and certain petitions

Any judicial review of final regulations promulgated pursuant to

this chapter and the Administrator's denial of any petition for the

promulgation, amendment, or repeal of any regulation under this

chapter shall be in accordance with sections 701 through 706 of

title 5, except that -

(1) a petition for review of action of the Administrator in

promulgating any regulation, or requirement under this chapter or

denying any petition for the promulgation, amendment or repeal of

any regulation under this chapter 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 chapter

required to be made on the record after notice and opportunity

for hearing, if a party seeking review under this chapter applies

to the court for leave to adduce additional evidence, and shows

to the satisfaction 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

conditions 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 6925 and 6926 of this

title

Review of the Administrator's action (1) in issuing, denying,

modifying, or revoking any permit under section 6925 of this title

(or in modifying or revoking any permit which is deemed to have

been issued under section 6935(d)(1) (!1) of this title), or (2) in

granting, denying, or withdrawing authorization or interim

authorization under section 6926 of this title, 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 business 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. 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. Such

review shall be in accordance with sections 701 through 706 of

title 5.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 7006, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2827; amended Pub. L. 96-482, Sec. 27,

Oct. 21, 1980, 94 Stat. 2349; Pub. L. 98-616, title II, Sec.

241(b)(1), title IV, Sec. 403(d)(5), Nov. 8, 1984, 98 Stat. 3259,

3273.)

-REFTEXT-

REFERENCES IN TEXT

Section 6935(d)(1) of this title, referred to in subsec. (b), was

in the original a reference to section 3012(d)(1) of Pub. L.

89-272, which was renumbered section 3014(d)(1) of Pub. L. 89-272

by Pub. L. 98-616 and is classified to section 6935(d)(1) of this

title.

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-616 inserted "(or in modifying or revoking any

permit which is deemed to have been issued under section 6935(d)(1)

of this title)" and inserted "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."

1980 - Pub. L. 96-482, Sec. 27(a), designated existing provisions

as subsec. (a), in provision preceding par. (1), included judicial

review of Administrator's denial of any petition for promulgation,

amendment, or repeal of any regulation in par. (1), included review

of Administrator's denial of any petition for promulgation,

amendment, or repeal of any regulation, and substituted "District

of Columbia, and" for "District of Columbia. Any", "date of such

promulgation or denial" for "date of such promulgation", "petition

for review is based" for "petition is based", and "; action" for ".

Action", and in par. (2), substituted "proper; the" for "proper.

The", and added subsec. (b).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6972 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6977 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6977. Grants or contracts for training projects

-STATUTE-

(a) General authority

The Administrator is authorized to make grants to, and contracts

with any eligible organization. For purposes of this section the

term "eligible organization" means a State or interstate agency, a

municipality, educational institution, and any other organization

which is capable of effectively carrying 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 operated or to be

operated by an eligible organization, which is designed -

(A) to develop, expand, or carry out a program (which may

combine training, education, and employment) for training persons

for occupations involving the management, supervision, design,

operation, or maintenance of solid waste management and resource

recovery equipment and facilities; or

(B) to train instructors and supervisory personnel to train or

supervise persons in occupations involving the design, operation,

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 (and access to such

reports and to other records) as required by section 3254a(b)(4)

and (5) (!1) of this title (as in effect before October 21, 1976)

with respect to applications made under such section (as in effect

before October 21, 1976).

-SOURCE-

(Pub. L. 89-272, title II, Sec. 7007, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2827; amended Pub. L. 95-609, Sec. 7(r),

Nov. 8, 1978, 92 Stat. 3083; Pub. L. 105-362, title V, Sec. 501(f),

Nov. 10, 1998, 112 Stat. 3284.)

-REFTEXT-

REFERENCES IN TEXT

Section 3254a(b)(4) and (5) of this title, referred to in subsec.

(b)(2), was in the original "section 207(b)(4) and (5)", meaning

section 207(b)(4) and (5) of the Solid Waste Disposal Act, which

was omitted in the general revision of the Solid Waste Disposal Act

by Pub. L. 94-580 on Oct. 21, 1976.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3254d of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-362 struck out heading and text

of subsec. (c) which related to Administrator's study and report on

State and local training needs and obstacles to employment and

occupational advancement in solid waste management and resource

recovery field.

1978 - Subsec. (b)(1). Pub. L. 95-609, Sec. 7(r)(1), (2),

substituted "management" for "disposal" in two places, and

"resource" for "resources".

Subsec. (c)(3). Pub. L. 95-609, Sec. 7(r)(3), substituted

"management" for "disposal".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6978 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6978. Payments

-STATUTE-

(a) General rule

Payments of grants under this chapter 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 chapter to any private

profitmaking organization.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 7008, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2828.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3258 of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-End-

-CITE-

42 USC Sec. 6979 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6979. Labor standards

-STATUTE-

No grant for a project of construction under this chapter 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 sections 3141-3144, 3146, and 3147 of title

40, will be paid wages at rates not less than those prevailing on

similar work in the locality as determined by the Secretary of

Labor in accordance with those sections; 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 Numbered 14 of 1950 (15 F.R. 3176) and section 3145 of title

40.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 7009, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2828; amended Pub. L. 96-482, Sec. 28,

Oct. 21, 1980, 94 Stat. 2349.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 14 of 1950, referred to in text, is

set out in the Appendix to Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

In text, "sections 3141-3144, 3146, and 3147 of title 40"

substituted for "the Davis-Bacon Act, as amended (40 U.S.C. 276a -

276a-5)", "those sections" substituted for "that Act", and "section

3145 of title 40" substituted for "section 2 of the Act of June 13,

1934, as amended (40 U.S.C. 276c)", on authority of Pub. L.

107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first

section of which enacted Title 40, Public Buildings, Property, and

Works.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3256 of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS

1980 - Pub. L. 96-482 substituted "Administrator" for

"Secretary".

-End-

-CITE-

42 USC Sec. 6979a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6979a. Transferred

-COD-

CODIFICATION

Section, Pub. L. 89-272, title II, Sec. 7010, as added Pub. L.

98-616, title IV, Sec. 405(a), Nov. 8, 1984, 98 Stat. 3273; Pub. L.

99-339, title II, Sec. 201(c)(1), June 19, 1986, 100 Stat. 654,

relating to interim control of hazardous waste injection, was

renumbered section 3020 of Pub. L. 89-272 by Pub. L. 99-339, title

II, Sec. 201(c)(2), June 19, 1986, 100 Stat. 654, and transferred

to section 6939b of this title.

-End-

-CITE-

42 USC Sec. 6979b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6979b. Law enforcement authority

-STATUTE-

The Attorney General of the United States shall, at the request

of the Administrator and on the basis of a showing of need,

deputize qualified employees of the Environmental Protection Agency

to serve as special deputy United States marshals in criminal

investigations with respect to violations of the criminal

provisions of this chapter.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 7010, formerly Sec. 7012, as added

Pub. L. 98-616, title IV, Sec. 403(b)(1), Nov. 8, 1984, 98 Stat.

3272; renumbered Sec. 7010, Pub. L. 99-339, title II, Sec.

201(c)(2), June 19, 1986, 100 Stat. 654.)

-MISC1-

PRIOR PROVISIONS

A prior section 7010 of Pub. L. 89-272, which was classified to

section 6979a of this title, was renumbered section 3020 and

transferred to section 6939b of this title.

-End-

-CITE-

42 USC SUBCHAPTER VIII - RESEARCH, DEVELOPMENT,

DEMONSTRATION, AND INFORMATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

INFORMATION

-HEAD-

SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

INFORMATION

-End-

-CITE-

42 USC Sec. 6981 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

INFORMATION

-HEAD-

Sec. 6981. Research, demonstration, training, and other activities

-STATUTE-

(a) General authority

The Administrator, alone or after consultation with the Secretary

of Energy, 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, experiments, 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 and resource conservation systems and hazardous waste

management systems, including the marketing of recovered

resources;

(4) the production of usable forms of recovered resources,

including fuel, from solid waste;

(5) the reduction of the amount of such waste and unsalvageable

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 waste 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;

(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

(including 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, and techniques 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 his functions pursuant to this chapter,

and any other Federal legislation respecting solid waste or

discarded material research, development, and demonstrations, 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

chapter 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. Each such

demonstration shall incorporate new or innovative 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 conditions.

Each such demonstration shall be 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

carried out by the Environmental Protection Agency or by the

Secretary of Energy pursuant to this chapter or any other Act shall

be administered in accordance with the May 7, 1976, Interagency

Agreement between the Environmental Protection 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-related projects of

mutual interest, planning will be conducted jointly by the

Environmental Protection Agency and the Secretary of Energy,

following which project responsibility will be assigned to one

agency; (B) energy-related portions of projects for recovery of

synthetic fuels or other forms of energy from solid waste shall be

the responsibility of the Secretary of Energy; (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

6907 of this title, and any applicable State or regional solid

waste management plan; and (D) any activities undertaken under

provisions of sections 6982 and 6983 of this title as related to

energy; as related to energy or synthetic fuels recovery from

waste; or as related to energy conservation shall be accomplished

through coordination and consultation with the Secretary of Energy.

(1) In carrying out subsection (a) of this section respecting

solid waste research, studies, development, and demonstration,

except as otherwise specifically provided in section 6984(d) of

this title, the Administrator may make grants to or enter into

contracts (including 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

accordance with and subject to the limitations provided with

respect to research contracts of the military departments in

section 2353 of title 10, except that the determination, approval,

and certification required thereby shall be made by the

Administrator.

(3) Any invention made or conceived in the course of, or under,

any contract under this chapter shall be subject to section 9 of

the Federal Nonnuclear Energy Research and Development Act of 1974

[42 U.S.C. 5908] to the same extent and in the same manner as

inventions made or conceived in the course of contracts under such

Act [42 U.S.C. 5901 et seq.], except that in applying such section,

the Environmental Protection Agency shall be substituted for the

Secretary of Energy and the words "solid waste" shall be

substituted for the word "energy" where appropriate.

(4) For carrying out the purpose of this chapter the

Administrator may detail personnel of the Environmental Protection

Agency to agencies eligible for assistance under this section.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 8001, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2829; amended Pub. L. 95-91, title III,

Sec. 301, title VII, Secs. 703, 707, Aug. 4, 1977, 91 Stat. 577,

606, 607; Pub. L. 95-609, Sec. 7(s), Nov. 8, 1978, 92 Stat. 3083.)

-REFTEXT-

REFERENCES IN TEXT

Such Act, referred to in subsec. (c)(3), means the Federal

Nonnuclear Energy Research and Development Act of 1974, Pub. L.

93-577, Dec. 31, 1974, 88 Stat. 1878, as amended, which is

classified generally to chapter 74 (Sec. 5901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 5901 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3253 of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS

1978 - Subsec. (a)(2). Pub. L. 95-609, Sec. 7(s)(1), substituted

"management" for "disposal".

Subsec. (a)(13). Pub. L. 95-609, Sec. 7(s)(2), inserted

"treatment," after "for purpose of".

-TRANS-

TRANSFER OF FUNCTIONS

"Secretary of Energy" was substituted for "Administrator of the

Federal Energy Administration, the Administrator of the Energy

Research and Development Administration, or the Chairman of the

Federal Power Commission" in subsec. (a), and for "Energy Research

and Development Administration" in subsecs. (b)(2) and (c)(3), in

view of the termination of the Federal Energy Administration, the

Energy Research and Development Administration, and the Federal

Power Commission and the transfer of their functions and the

functions of the Administrators and Chairman thereof (with certain

exceptions) to the Secretary of Energy pursuant to sections 301,

703, and 707 of Pub. L. 95-91, which are classified to sections

7151, 7293, and 7297 of this title.

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-MISC2-

EPA STUDY OF METHODS TO REDUCE PLASTIC POLLUTION

Pub. L. 100-220, title II, Sec. 2202, Dec. 29, 1987, 101 Stat.

1465, directed Administrator of Environmental Protection Agency, in

consultation with Secretary of Commerce, to conduct a study of the

adverse effects of improper disposal of plastic articles on

environment and on waste disposal, and various methods to reduce or

eliminate such adverse effects, and directed Administrator, within

18 months after Dec. 29, 1987, to report results of this study to

Congress.

NATIONAL ADVISORY COMMISSION ON RESOURCE CONSERVATION AND RECOVERY

Pub. L. 96-482, Sec. 33, Oct. 21, 1980, 94 Stat. 2356, as amended

by Pub. L. 105-362, title V, Sec. 501(g), Nov. 10, 1998, 112 Stat.

3284, provided for establishment, membership, functions, etc., of a

National Advisory Commission on Resource Conservation and Recovery,

directed Commission, upon expiration of the two-year period

beginning on the date when all initial members of the Commission

have been appointed or the date initial funds become available,

whichever is later, to transmit a final report to President and

Congress containing a detailed statement of the findings and

conclusions of the Commission, and terminated the Commission 30

days after submission of its final report.

SOLID WASTE CLEANUP ON FEDERAL LANDS IN ALASKA; STUDY AND REPORT TO

CONGRESSIONAL COMMITTEES

Section 3 of Pub. L. 94-580 provided for a study of procedures

for removal of solid waste from Federal lands in Alaska and

submission of a Presidential Report to the Senate Committee on

Public Lands and House Committee on Interstate and Foreign Commerce

no later than one year after Oct. 21, 1976, and implementing

recommendations to such committees within six months thereafter,

prior to repeal by Pub. L. 96-482, Sec. 30, Oct. 21, 1980, 94 Stat.

2352.

LEACHATE CONTROL RESEARCH PROGRAM IN DELAWARE

Section 4 of Pub. L. 94-580 directed Administrator of

Environmental Protection Agency, in order to demonstrate effective

means of dealing with contamination of public water supplies by

leachate from abandoned or other landfills, to provide technical

and financial assistance for a research program, designed by New

Castle County areawide waste treatment management program, to

control leachate from Llangollen Landfill in New Castle County,

Delaware, and provided up to $250,000 in each of the fiscal years

1978 and 1979 for the operating costs of a counter-pumping program

to contain the leachate from the Llangollen Landfill during the

period of this study.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6984, 6985 of this title;

title 35 section 210.

-End-

-CITE-

42 USC Sec. 6982 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

INFORMATION

-HEAD-

Sec. 6982. Special studies; plans for research, development, and

demonstrations

-STATUTE-

(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.

(b) Composition of 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.

For purposes of determining priorities for research 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, and 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 demonstration

without Federal action, including the degree of restraint on such

potential posed 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 Administrator 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

recovery 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.

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 October 21, 1980, the

Administrator shall publish a report of such study and shall

include appropriate 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 Energy and Commerce of

the United States House of Representatives.

(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 operations such as extraction of oil from shale,

liquefaction 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

agricultural 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 publish a report

respecting discarded motor vehicle tires which shall include an

analysis of the problems involved in the collection, recovery of

resources including energy, and use of such tires.

(i) Resource recovery facilities

The Administrator shall conduct 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 Management and Budget, which shall

conduct a full and complete investigation 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

disincentives 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

disincentives) upon resource conservation, and the likely effect

of the modification or elimination of such incentives and

disincentives upon resource conservation;

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 solid waste

management 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 disposal, and any social value associated with the

nonrecycling or uncontrolled disposal of such product; and

(E) the need for further research, development, and

demonstration in the area of resource conservation.

(2) The study required in paragraph (1)(D) 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 such charge;

consumer product category;

(D) methods for the adjustment of such charges to reflect

actions such as recycling which would reduce the overall

quantities 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 in 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

October 21, 1976, and followup reports shall be sent six months

thereafter. Each recommendation resulting from the study shall

include at least two alternatives to the proposed recommendation.

(4) The results of such investigation and study, including

recommendations, shall be reported to the President and the

Congress not later than two years after October 21, 1976.

(5) There are authorized 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 and feeding on

landfills in the vicinity of airports.

(l) 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) of this section not later than October 1, 1978.

The Administrator shall complete the research and studies, and

submit the reports, required under subsections (a), (h), and (i) of

this section 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 study and shall submit

any legislative recommendations resulting from such study to

appropriate committees of Congress.

(m) Drilling fluids, produced waters, and other wastes associated

with the exploration, development, or production 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 exploration, development, or production of crude oil or natural

gas or geothermal energy on human health and 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 oil

and gas and geothermal 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;

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

agencies concerning such wastes with a view toward avoiding

duplication of effort and the need to expedite such study. The

Administrator shall publish a report of such study and shall

include appropriate findings and recommendations for Federal and

non-Federal actions concerning such effects.

(2) The Administrator shall complete the research and study and

submit the report required under paragraph (1) not later than

twenty-four months from October 21, 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

respecting 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 Energy and Commerce 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 combustion 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 primarily from the

combustion of coal or other fossil fuels. 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

environment 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 October 21, 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 Energy and Commerce of the

United States House of Representatives.

(o) Cement kiln dust waste

The Administrator shall conduct 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

environment 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;

(6) the costs of such alternatives;

(7) the impact of those alternatives on the use of 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

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 of

such study, which shall include appropriate findings, not later

than thirty-six months after October 21, 1980. Such report shall be

submitted to the Committee on Environment and Public Works of the

United States Senate and the Committee on Energy and Commerce of

the United States House of Representatives.

(p) Materials generated from extraction, beneficiation, and

processing of ores and minerals, including phosphate rock and

overburden from uranium mining

The Administrator 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, beneficiation, 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;

(3) potential danger, if any, to human health and the

environment 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

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 of

such study, which shall include appropriate findings, in

conjunction with the publication of the report of the study of

mining wastes required to be conducted under subsection (f) of this

section. Such report and findings shall be submitted to the

Committee on Environment and Public Works of the United States

Senate and the Committee on Energy and Commerce of the United

States House of Representatives.

(q) Authorization of 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) of this section.

(r) Minimization of hazardous waste

The Administrator shall compile, and not later than October 1,

1986, submit to the Congress, a report on the feasibility and

desirability of establishing standards of performance or of taking

other additional actions under this chapter to require the

generators of hazardous waste to reduce the volume or quantity and

toxicity of the hazardous waste they generate, and of establishing

with respect to hazardous wastes required management practices or

other requirements to assure such wastes are managed in ways that

minimize present and future risks to human health and the

environment. Such report shall include any recommendations for

legislative changes which the Administrator determines are feasible

and desirable to implement the national policy established by

section 6902 of this title.

(s) Extending landfill life and reusing landfilled areas

The Administrator shall conduct detailed, comprehensive studies

of methods to extend the useful life of sanitary landfills and to

better use sites in which filled or closed landfills are located.

Such studies shall address -

(1) methods to reduce the volume of materials before placement

in landfills;

(2) more efficient systems for depositing waste in landfills;

(3) methods to enhance the rate of decomposition of solid waste

in landfills, in a safe and environmentally acceptable manner;

(4) methane production from closed landfill units;

(5) innovative uses of closed landfill sites, including use for

energy production such as solar or wind energy and use for metals

recovery;

(6) potential for use of sewage treatment sludge in reclaiming

landfilled areas; and

(7) methods to coordinate use of a landfill owned by one

municipality by nearby municipalities, and to establish equitable

rates for such use, taking into account the need to provide

future landfill capacity to replace that so used.

The Administrator is authorized to conduct demonstrations in the

areas of study provided in this subsection. The Administrator shall

periodically report on the results of such studies, with the first

such report not later than October 1, 1986. In carrying out this

subsection, the Administrator need not duplicate other studies

which have been completed and may rely upon information which has

previously been compiled.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 8002, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2831; amended Pub. L. 95-609, Sec. 7(t),

Nov. 8, 1978, 92 Stat. 3083; H. Res. 549, Mar. 25, 1980; Pub. L.

96-482, Sec. 29, Oct. 21, 1980, 94 Stat. 2349; Pub. L. 98-616,

title II, Sec. 224(c), title VII, Sec. 702, Nov. 8, 1984, 98 Stat.

3253, 3289.)

-MISC1-

AMENDMENTS

1984 - Subsec. (r). Pub. L. 98-616, Sec. 224(c), added subsec.

(r).

Subsec. (s). Pub. L. 98-616, Sec. 702, added subsec. (s).

1980 - Subsec. (f). Pub. L. 96-482, Sec. 29(1), required

publication of report no later than thirty-six months after Oct.

21, 1980, and its submission to Senate Committee on Environment and

Public Works and House Committee on Energy and Commerce.

Subsecs. (m) to (q). Pub. L. 96-482, Sec. 29(2), added subsecs.

(m) to (p) and redesignated former subsec. (m) as (q).

1978 - Subsec. (g)(1). Pub. L. 95-609, Sec. 7(t)(1), substituted

"shale, liquefaction" for "shale liquefaction".

Subsec. (j)(1). Pub. L. 95-609, Sec. 7(t)(2), enacted a provision

adding the Secretary of Energy and the Chairman of the Council of

Economic Advisors to the Committee.

Subsec. (j)(2). Pub. L. 95-609, Sec. 7(t)(3), substituted

"paragraph (1)(D)" for "paragraph (2)(D)".

Subsec. (j)(3). Pub. L. 95-609, Sec. 7(t)(4), substituted

"paragraph (1)" for "paragraph (2)(D)".

Subsec. (l). Pub. L. 95-609, Sec. 7(t)(5), struck out requirement

of submission of reports under subsec. (j) of this section.

-CHANGE-

CHANGE OF NAME

Committee on Interstate and Foreign Commerce of the House of

Representatives changed to Committee on Energy and Commerce

immediately prior to noon on Jan. 3, 1981, by House Resolution No.

549, Ninety-sixth Congress, Mar. 25, 1980. Committee on Energy and

Commerce of House of Representatives treated as referring to

Committee on Commerce of House of Representatives by section 1(a)

of Pub. L. 104-14, set out as a note preceding section 21 of Title

2, The Congress. Committee on Commerce of House of Representatives

changed to Committee on Energy and Commerce of House of

Representatives, and jurisdiction over matters relating to

securities and exchanges and insurance generally transferred to

Committee on Financial Services of House of Representatives by

House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6921, 6981, 6987, 7412 of

this title.

-End-

-CITE-

42 USC Sec. 6983 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

INFORMATION

-HEAD-

Sec. 6983. Coordination, collection, and dissemination of

information

-STATUTE-

(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

maintenance of such methods;

(3) the amounts and percentages of resources (including energy)

that can be recovered from solid waste by use of various solid

waste management practices and various technologies;

(4) methods available to reduce the amount of solid waste that

is generated;

(5) existing and developing technologies for the recovery 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 neutralizing

or properly disposing of hazardous solid wastes; facilities that

properly dispose of hazardous wastes;

(7) methods of financing resource recovery facilities or,

sanitary landfills, or hazardous solid waste treatment

facilities, whichever 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

(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,

(ii) the various systems and means of resource conservation,

(iii) the various systems and technologies for collection,

transport, 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)

of this section, and, subject to any applicable requirements of

confidentiality, information respecting any aspect of solid waste

provided by officers and employees of the Environmental Protection

Agency which has been acquired by them in the conduct of their

functions under this chapter 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.

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 operations, 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 cooperation with appropriate

State and local agencies, to recommend model codes, ordinances, and

statutes, providing for sound solid waste management.

(e) Information programs

(1) The Administrator shall implement a program for the rapid

dissemination of information on solid waste management, hazardous

waste management, resource conservation, and methods of resource

recovery from solid waste, including the results of any relevant

research, investigations, experiments, surveys, studies, or other

information which may be useful in the implementation of new or

improved solid waste management practices and methods and

information on any other technical, managerial, financial, or

market aspect of resource conservation and recovery facilities.

(2) The Administrator shall develop and implement educational

programs to promote citizen understanding of the need for

environmentally 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 alternative 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.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 8003, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2834; amended Pub. L. 95-609, Sec. 7(u),

Nov. 8, 1978, 92 Stat. 3083.)

-MISC1-

AMENDMENTS

1978 - Subsec. (a)(3). Pub. L. 95-609 substituted "solid waste"

for "discarded materials".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6981 of this title.

-End-

-CITE-

42 USC Sec. 6984 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

INFORMATION

-HEAD-

Sec. 6984. Full-scale demonstration facilities

-STATUTE-

(a) Authority

The Administrator may enter into contracts with public agencies

or authorities or private persons for the construction and

operation of a full-scale demonstration facility under this

chapter, or provide financial assistance in the form of grants to a

full-scale demonstration facility under this chapter only if the

Administrator finds that -

(1) 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 management

practice, or the technological feasibility and cost effectiveness

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 chapter),

(2) such contract or assistance meets the requirements of

section 6981 of this title and meets other applicable

requirements of this chapter,

(3) such facility will be able to comply with the guidelines

published under section 6907 of this title 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 chapter.

(b) Time limitation

No obligation may be made by the Administrator for financial

assistance under this subchapter for any full-scale demonstration

facility after the date ten years after October 21, 1976. No

expenditure of funds for any such full-scale demonstration facility

under this subchapter may be made by the Administrator after the

date fourteen years after October 21, 1976.

(1) Wherever practicable, in constructing, operating, or

providing financial assistance under this subchapter to a

full-scale demonstration facility, the Administrator shall endeavor

to enter 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 this chapter) for purposes of obtaining information

concerning the performance, 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 6981(c)(3) of this title, 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 October 21, 1976, the Administrator shall not construct or

operate any full-scale facility (except by contract with public

agencies or authorities or private persons).

-SOURCE-

(Pub. L. 89-272, title II, Sec. 8004, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2836; amended Pub. L. 95-609, Sec. 7(v),

Nov. 8, 1978, 92 Stat. 3084; Pub. L. 98-616, title V, Sec. 502(f),

Nov. 8, 1984, 98 Stat. 3276.)

-MISC1-

AMENDMENTS

1984 - Subsec. (c)(1). Pub. L. 98-616 inserted "(1)" before

"Wherever".

1978 - Subsec. (a)(1). Pub. L. 95-609 substituted "solid waste"

for "discarded material".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5920, 6981 of this title.

-End-

-CITE-

42 USC Sec. 6985 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

INFORMATION

-HEAD-

Sec. 6985. Special study and demonstration projects on recovery of

useful energy and materials

-STATUTE-

(a) Studies

The Administrator shall conduct studies and develop

recommendations for administrative or legislative action on -

(1) means of recovering materials and energy from solid waste,

recommended uses of such materials and energy for national or

international welfare, including identification of 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

contribute to more effective programs of reduction, reuse, or

disposal of wastes;

(4) the use of Federal procurement to develop market demand for

recovered resources;

(5) recommended incentives (including Federal grants, loans,

and other assistance) and disincentives to accelerate the

reclamation or recycling of materials from solid wastes, with

special emphasis on motor vehicle hulks;

(6) the effect of existing public policies, including subsidies

and economic incentives and disincentives, percentage depletion

allowances, capital gains treatment and other tax incentives and

disincentives, upon the recycling and reuse of materials, and the

likely effect of the modification or elimination of such

incentives and 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

manufactured goods, which 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

(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,

agricultural 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

consequences of such practices; and

(10) in consultation with the Secretary of the Interior, mining

waste management problems, and practices, including an assessment

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) of this section.

Section 6981(b) and (c) of this title shall be applicable to

investigations, studies, and projects carried out under this

section.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 8005, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2837.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3253a of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-End-

-CITE-

42 USC Sec. 6986 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

INFORMATION

-HEAD-

Sec. 6986. Grants for resource recovery systems and improved solid

waste disposal facilities

-STATUTE-

(a) Authority

The Administrator is authorized to make grants pursuant to this

section to any State, municipal, or interstate or intermunicipal

agency for the demonstration of resource recovery systems or for

the construction of new or improved solid waste disposal

facilities.

(b) Conditions

(1) Any grant under this section for the demonstration of a

resource recovery system may be made only if it (A) is consistent

with any plans which meet the requirements of subchapter IV of this

chapter; (B) is consistent with the guidelines recommended pursuant

to section 6907 of this title; (C) is designed to provide area-wide

resource recovery systems consistent with the purposes of this

chapter, 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 construction, 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.

(1) A grant under this section for the construction 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

chapter, and (iii) is consistent with the guidelines recommended

under section 6907 of this title, 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.

(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

serving an area which includes only one municipality, and not more

than 75 percent in any other case.

(d) Regulations

(1) The Administrator shall promulgate regulations establishing a

procedure for awarding grants under this section which -

(A) provides that projects will be carried out in communities

of varying sizes, under such conditions as will assist in solving

the community waste problems of urban-industrial centers,

metropolitan 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 shall 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 economic and commercial viability of the project

(including contractual arrangements with the private sector to

market any resources recovered); (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 planning.

(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) of this section

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

maintenance costs;

(3) may not be made until the applicant has made provision

satisfactory to the Administrator for proper and efficient

operation 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

chapter.

For purposes of paragraph (1), the non-Federal share may be in any

form, including, but not limited to, lands or interests therein

needed for the project or personal property or services, the value

of which shall be determined by 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 subsection shall apply to a grant under this section for

a project in an area which includes all or part of more than one

State.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 8006, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2838.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3254b of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain enforcement functions of Administrator or

other official of Environmental Protection Agency under this

chapter to Federal Inspector, Office of Federal Inspector for the

Alaska Natural Gas Transportation System, and subsequent transfer

to Secretary of Energy, see note set out under section 6903 of this

title.

-End-

-CITE-

42 USC Sec. 6987 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

INFORMATION

-HEAD-

Sec. 6987. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated not to exceed $35,000,000

for the fiscal year 1978 to carry out the purposes of this

subchapter (except for section 6982 of this title).

-SOURCE-

(Pub. L. 89-272, title II, Sec. 8007, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2839.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3259 of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

-End-

-CITE-

42 USC SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE

TANKS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6916, 7589, 9601,

9607, 9614 of this title.

-End-

-CITE-

42 USC Sec. 6991 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-

Sec. 6991. Definitions and exemptions

-STATUTE-

For the purposes of this subchapter -

(1) The term "underground storage tank" means any one or

combination of tanks (including underground pipes connected

thereto) which is used to contain an accumulation of regulated

substances, and the volume of which (including the volume of the

underground pipes connected thereto) is 10 per centum or more

beneath the surface of the ground. Such term does not include any

(A) farm or residential tank of 1,100 gallons or less

capacity used for storing motor fuel for noncommercial

purposes,

(B) tank used for storing heating oil for consumptive use on

the premises where stored,

(D) pipeline facility (including gathering lines) -

(i) which is regulated under chapter 601 of title 49, or

(ii) which is an intrastate pipeline facility regulated

under State laws as provided in chapter 601 of title 49,

and which is determined by the Secretary to be connected to a

pipeline or to be operated or intended to be capable of

operating at pipeline pressure or as an integral part of a

pipeline,

(E) surface impoundment, pit, pond, or lagoon,

(F) storm water or waste water collection system,

(G) flow-through process tank,

(H) liquid trap or associated gathering lines directly

related to oil or gas production and gathering operations, or

(I) storage tank situated in an underground area (such as a

basement, cellar, mineworking, drift, shaft, or tunnel) if the

storage tank is situated upon or above the surface of the

floor.

The term "underground storage tank" shall not include any pipes

connected to any tank which is described in subparagraphs (A)

through (I).

(2) The term "regulated substance" means -

(A) any substance defined in section 9601(14) of this title

(but not including any substance regulated as a hazardous waste

under subchapter III of this chapter), and

(B) petroleum.

(3) The term "owner" means -

(A) in the case of an underground storage tank in use on

November 8, 1984, or brought into use after that date, any

person who owns an underground storage tank used for the

storage, use, or dispensing of regulated sustances,(!1) and

(B) in the case of any underground storage tank in use before

November 8, 1984, but no longer in use on November 8, 1984, any

person who owned such tank immediately before the

discontinuation of its use.

(4) The term "operator" means any person in control of, or

having responsibility for, the daily operation of the underground

storage tank.

(5) The term "release" means any spilling, leaking, emitting,

discharging, escaping, leaching, or disposing from an underground

storage tank into ground water, surface water or subsurface

soils.

(6) The term "person" has the same meaning as provided in

section 6903(15) of this title, except that such term includes a

consortium, a joint venture, and a commercial entity, and the

United States Government.

(7) The term "nonoperational storage tank" means any

underground storage tank in which regulated substances will not

be deposited or from which regulated substances will not be

dispensed after November 8, 1984.

(8) The term "petroleum" means petroleum, including crude oil

or any fraction thereof which is liquid at standard conditions of

temperature and pressure (60 degrees Fahrenheit and 14.7 pounds

per square inch absolute).

-SOURCE-

(Pub. L. 89-272, title II, Sec. 9001, as added Pub. L. 98-616,

title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3277; amended Pub. L.

99-499, title II, Sec. 205(a), Oct. 17, 1986, 100 Stat. 1696; Pub.

L. 102-508, title III, Sec. 302, Oct. 24, 1992, 106 Stat. 3307;

Pub. L. 103-429, Sec. 7(d), Oct. 31, 1994, 108 Stat. 4389.)

-MISC1-

AMENDMENTS

1994 - Par. (1)(D). Pub. L. 103-429 amended subpar. (D)

generally. Prior to amendment, subpar. (D) read as follows:

"pipeline facility (including gathering lines) -

"(i) which is regulated under the Natural Gas Pipeline Safety

Act of 1968 (49 U.S.C. App. 1671 et seq.),

"(ii) which is regulated under the Hazardous Liquid Pipeline

Safety Act of 1979 (49 U.S.C. App. 2001 et seq.), or

"(iii) which is an intrastate pipeline facility regulated under

State laws as provided in the provisions of law referred to in

clause (i) or (ii) of this subparagraph,

and which is determined by the Secretary to be connected to a

pipeline or to be operated or intended to be capable of operating

at pipeline pressure or as an integral part of a pipeline,".

1992 - Par. (1)(D). Pub. L. 102-508 amended subpar. (D)

generally. Prior to amendment, subpar. (D) read as follows:

"pipeline facility (including gathering lines) regulated under -

"(i) the Natural Gas Pipeline Safety Act of 1968,

"(ii) the Hazardous Liquid Pipeline Safety Act of 1979, or

"(iii) which is an intrastate pipeline facility regulated under

State laws comparable to the provisions of law referred to in

clause (i) or (ii) of this subparagraph,".

1986 - Par. (2)(B). Pub. L. 99-499 struck out ", including crude

oil or any fraction thereof which is liquid at standard conditions

of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds

per square inch absolute)". See par. (8).

Par. (8). Pub. L. 99-499 added par. (8).

ABOVEGROUND STORAGE TANK GRANT PROGRAM

Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XII, Sec. 1201],

Dec. 21, 2000, 114 Stat. 2763, 2763A-313, provided that:

"(a) Definitions. - In this provision:

"(1) Aboveground storage tank. - The term 'aboveground storage

tank' means any tank or combination of tanks (including any

connected pipe) -

"(A) that is used to contain an accumulation of regulated

substances; and

"(B) the volume of which (including the volume of any

connected pipe) is located wholly above the surface of the

ground.

"(2) Administrator. - The term 'Administrator' means the

Administrator of the Environmental Protection Agency.

"(3) Denali Commission. - The term 'Denali Commission' means

the commission established by section 303(a) of the Denali

Commission Act of 1998 [Pub. L. 105-277, div. C, title III] (42

U.S.C. 3121 note).

"(4) Federal environmental law. - The term 'Federal

environmental law' means -

"(A) the Oil Pollution Control Act of 1990 (33 U.S.C. 2701 et

seq.);

"(B) the Comprehensive Environmental Response, Compensation,

and Liability Act of 1980 (42 U.S.C. 9601 et seq.);

"(C) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);

"(D) the Federal Water Pollution Control Act (33 U.S.C. 1251

et seq.); or

"(E) any other Federal law that is applicable to the release

into the environment of a regulated substance, as determined by

the Administrator.

"(5) Native village. - The term 'Native village' has the

meaning given the term in section 11(b) in Public Law 92-203 (85

Stat. 688) [43 U.S.C. 1610(b)].

"(6) Program. - The term 'program' means the Aboveground

Storage Tank Grant Program established by subsection (b)(1).

"(7) Regulated substance. - The term 'regulated substance' has

the meaning given the term in section 9001 of the Solid Waste

Disposal Act (42 U.S.C. 6991).

"(8) State. - The term 'State' means the State of Alaska.

"(b) Establishment. -

"(1) In general. - There is established a grant program to be

known as the 'Aboveground Storage Tank Grant Program'

"(2) Grants. - Under the program, the Administrator shall award

a grant to -

"(A) the State, on behalf of a Native village; or

"(B) the Denali Commission.

"(c) Use of Grants. - The State or the Denali Commission shall

use the funds of a grant under subsection (b) to repair, upgrade,

or replace one or more aboveground storage tanks that -

"(1) leaks or poses an imminent threat of leaking, as certified

by the Administrator, the Commandant of the Coast Guard, or any

other appropriate Federal or State agency (as determined by the

Administrator); and

"(2) is located in a Native village -

"(A) the median household income of which is less than 80

percent of the median household income in the State;

"(B) that is located -

"(i) within the boundaries of -

"(I) a unit of the National Park System;

"(II) a unit of the National Wildlife Refuge System; or

"(III) a National Forest; or

"(ii) on public land under the administrative jurisdiction

of the Bureau of Land Management; or

"(C) that receives payments from the Federal Government under

chapter 69 of title 31, United States Code (commonly known as

'payments in lieu of taxes').

"(d) Reports. - Not later than 1 year after the date on which the

State or the Denali Commission receives a grant under subsection

(c), and annually thereafter, the State or the Denali Commission,

as the case may be, shall submit a report describing each project

completed with grant funds and any projects planned for the

following year, to -

"(1) the Administrator;

"(2) the Committee on Resources of the House of

Representatives;

"(3) the Committee on Environment and Public Works of the

Senate;

"(4) the Committee on Appropriations of the House of

Representatives; and

"(5) the Committee on Appropriations of the Senate.

"(e) Authorization of Appropriations. - There are authorized to

be appropriated to carry out this Act [probably means this

section], to remain available until expended -

"(1) $20,000,000 for fiscal year 2001; and

"(2) such sums as are necessary for each fiscal year

thereafter."

[For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6991b, 6991c, 6991h of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "substances,".

-End-

-CITE-

42 USC Sec. 6991a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-

Sec. 6991a. Notification

-STATUTE-

(a) Underground storage tanks

(1) Within 18 months after November 8, 1984, each owner of an

underground storage tank shall notify the State or local agency or

department designated pursuant to subsection (b)(1) of this section

of the existence of such tank, specifying the age, size, type,

location, and uses of such tank.

(2)(A) For each underground storage tank taken out of operation

after January 1, 1974, the owner of such tank shall, within

eighteen months after November 8, 1984, notify the State or local

agency, or department designated pursuant to subsection (b)(1) of

this section of the existence of such tanks (unless the owner knows

the tank subsequently was removed from the ground). The owner of a

tank taken out of operation on or before January 1, 1974, shall not

be required to notify the State or local agency under this

subsection.

(B) Notice under subparagraph (A) shall specify, to the extent

known to the owner -

(i) the date the tank was taken out of operation,

(ii) the age of the tank on the date taken out of operation,

(iii) the size, type and location of the tank, and

(iv) the type and quantity of substances left stored in such

tank on the date taken out of operation.

(3) Any owner which brings into use an underground storage tank

after the initial notification period specified under paragraph

(1), shall notify the designated State or local agency or

department within thirty days of the existence of such tank,

specifying the age, size, type, location and uses of such tank.

(4) Paragraphs (1) through (3) of this subsection shall not apply

to tanks for which notice was given pursuant to section 9603(c) of

this title.

(5) Beginning thirty days after the Administrator prescribes the

form of notice pursuant to subsection (b)(2) of this section and

for eighteen months thereafter, any person who deposits regulated

substances in an underground storage tank shall reasonably notify

the owner or operator of such tank of the owner's notification

requirements pursuant to this subsection.

(6) Beginning thirty days after the Administrator issues new tank

performance standards pursuant to section 6991b(c) of this title,

any person who sells a tank intended to be used as an underground

storage tank shall notify the purchaser of such tank of the owner's

notification requirements pursuant to this subsection.

(b) Agency designation

(1) Within one hundred and eighty days after November 8, 1984,

the Governors of each State shall designate the appropriate State

agency or department or local agencies or departments to receive

the notifications under subsection (a)(1), (2), or (3) of this

section.

(2) Within twelve months after November 8, 1984, the

Administrator, in consultation with State and local officials

designated pursuant to subsection (b)(1) of this section, and after

notice and opportunity for public comment, shall prescribe the form

of the notice and the information to be included in the

notifications under subsection (a)(1), (2), or (3) of this section.

In prescribing the form of such notice, the Administrator shall

take into account the effect on small businesses and other owners

and operators.

Each State shall make 2 separate inventories of all underground

storage tanks in such State containing regulated substances. One

inventory shall be made with respect to petroleum and one with

respect to other regulated substances. In making such inventories,

the State shall utilize and aggregate the data in the notification

forms submitted pursuant to subsections (a) and (b) of this

section. Each State shall submit such aggregated data to the

Administrator not later than 270 days after October 17, 1986.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 9002, as added Pub. L. 98-616,

title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3278; amended Pub. L.

99-499, title II, Sec. 205(b), Oct. 17, 1986, 100 Stat. 1696.)

-MISC1-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-499 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6991c, 6991e of this

title.

-End-

-CITE-

42 USC Sec. 6991b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-

Sec. 6991b. Release detection, prevention, and correction

regulations

-STATUTE-

(a) Regulations

The Administrator, after notice and opportunity for public

comment, and at least three months before the effective dates

specified in subsection (f) of this section, shall promulgate

release detection, prevention, and correction regulations

applicable to all owners and operators of underground storage

tanks, as may be necessary to protect human health and the

environment.

(b) Distinctions in regulations

In promulgating regulations under this section, the Administrator

may distinguish between types, classes, and ages of underground

storage tanks. In making such distinctions, the Administrator may

take into consideration factors, including, but not limited to:

location of the tanks, soil and climate conditions, uses of the

tanks, history of maintenance, age of the tanks, current industry

recommended practices, national consensus codes, hydrogeology,

water table, size of the tanks, quantity of regulated substances

periodically deposited in or dispensed from the tank, the technical

capability of the owners and operators, and the compatibility of

the regulated substance and the materials of which the tank is

fabricated.

The regulations promulgated pursuant to this section shall

include, but need not be limited to, the following requirements

respecting all underground storage tanks -

(1) requirements for maintaining a leak detection system, an

inventory control system together with tank testing, or a

comparable system or method designed to identify releases in a

manner consistent with the protection of human health and the

environment;

(2) requirements for maintaining records of any monitoring or

leak detection system or inventory control system or tank testing

or comparable system;

(3) requirements for reporting of releases and corrective

action taken in response to a release from an underground storage

tank;

(4) requirements for taking corrective action in response to a

release from an underground storage tank;

(5) requirements for the closure of tanks to prevent future

releases of regulated substances into the environment; and

(6) requirements for maintaining evidence of financial

responsibility for taking corrective action and compensating

third parties for bodily injury and property damage caused by

sudden and nonsudden accidental releases arising from operating

an underground storage tank.

(d) Financial responsibility

(1) Financial responsibility required by this subsection may be

established in accordance with regulations promulgated by the

Administrator by any one, or any combination, of the following:

insurance, guarantee, surety bond, letter of credit, qualification

as a self-insurer or any other method satisfactory to the

Administrator. In promulgating requirements under this subsection,

the Administrator is authorized to specify policy or other

contractual terms, conditions, or defenses which are necessary or

are unacceptable in establishing such evidence of financial

responsibility in order to effectuate the purposes of this

subchapter.

(2) In any case where the owner or operator is in bankruptcy,

reorganization, or arrangement pursuant to the Federal Bankruptcy

Code or where with reasonable diligence jurisdiction in any State

court of the Federal courts cannot be obtained over an owner or

operator likely to be solvent at the time of judgment, any claim

arising from conduct for which evidence of financial responsibility

must be provided under this subsection may be asserted directly

against the guarantor providing such evidence of financial

responsibility. In the case of any action pursuant to this

paragraph such guarantor shall be entitled to invoke all rights and

defenses which would have been available to the owner or operator

if any action had been brought against the owner or operator by the

claimant and which would have been available to the guarantor if an

action had been brought against the guarantor by the owner or

operator.

(3) The total liability of any guarantor shall be limited to the

aggregate amount which the guarantor has provided as evidence of

financial responsibility to the owner or operator under this

section. Nothing in this subsection shall be construed to limit any

other State or Federal statutory, contractual or common law

liability of a guarantor to its owner or operator including, but

not limited to, the liability of such guarantor for bad faith

either in negotiating or in failing to negotiate the settlement of

any claim. Nothing in this subsection shall be construed to

diminish the liability of any person under section 9607 or 9611 of

this title or other applicable law.

(4) For the purpose of this subsection, the term "guarantor"

means any person, other than the owner or operator, who provides

evidence of financial responsibility for an owner or operator under

this subsection.

(5)(A) The Administrator, in promulgating financial

responsibility regulations under this section, may establish an

amount of coverage for particular classes or categories of

underground storage tanks containing petroleum which shall satisfy

such regulations and which shall not be less than $1,000,000 for

each occurrence with an appropriate aggregate requirement.

(B) The Administrator may set amounts lower than the amounts

required by subparagraph (A) of this paragraph for underground

storage tanks containing petroleum which are at facilities not

engaged in petroleum production, refining, or marketing and which

are not used to handle substantial quantities of petroleum.

paragraph, the Administrator may consider the following factors:

(i) The size, type, location, storage, and handling capacity of

underground storage tanks in the class or category and the volume

of petroleum handled by such tanks.

(ii) The likelihood of release and the potential extent of

damage from any release from underground storage tanks in the

class or category.

(iii) The economic impact of the limits on the owners and

operators of each such class or category, particularly relating

to the small business segment of the petroleum marketing

industry.

(iv) The availability of methods of financial responsibility in

amounts greater than the amount established by this paragraph.

(v) Such other factors as the Administrator deems pertinent.

(D) The Administrator may suspend enforcement of the financial

responsibility requirements for a particular class or category of

underground storage tanks or in a particular State, if the

Administrator makes a determination that methods of financial

responsibility satisfying the requirements of this subsection are

not generally available for underground storage tanks in that class

or category, and -

(i) steps are being taken to form a risk retention group for

such class of tanks; or

(ii) such State is taking steps to establish a fund pursuant to

section 6991c(c)(1) of this title to be submitted as evidence of

financial responsibility.

A suspension by the Administrator pursuant to this paragraph shall

extend for a period not to exceed 180 days. A determination to

suspend may be made with respect to the same class or category or

for the same State at the end of such period, but only if

substantial progress has been made in establishing a risk retention

group, or the owners or operators in the class or category

demonstrate, and the Administrator finds, that the formation of

such a group is not possible and that the State is unable or

unwilling to establish such a fund pursuant to clause (ii).

(e) New tank performance standards

The Administrator shall, not later than three months prior to the

effective date specified in subsection (f) of this section, issue

performance standards for underground storage tanks brought into

use on or after the effective date of such standards. The

performance standards for new underground storage tanks shall

include, but need not be limited to, design, construction,

installation, release detection, and compatibility standards.

(f) Effective dates

(1) Regulations issued pursuant to subsection (!1) (c) and (d) of

this section, and standards issued pursuant to subsection (e) of

this section, for underground storage tanks containing regulated

substances defined in section 6991(2)(B) of this title (petroleum,

including crude oil or any fraction thereof which is liquid at

standard conditions of temperature and pressure) shall be effective

not later than thirty months after November 8, 1984.

(2) Standards issued pursuant to subsection (e) of this section

(entitled "New Tank Performance Standards") for underground storage

tanks containing regulated substances defined in section 6991(2)(A)

of this title shall be effective not later than thirty-six months

after November 8, 1984.

(3) Regulations issued pursuant to subsection (c) of this section

(entitled "Requirements") and standards issued pursuant to

subsection (d) of this section (entitled "Financial

Responsibility") for underground storage tanks containing regulated

substances defined in section 6991(2)(A) of this title shall be

effective not later than forty-eight months after November 8, 1984.

(g) Interim prohibition

(1) Until the effective date of the standards promulgated by the

Administrator under subsection (e) of this section and after one

hundred and eighty days after November 8, 1984, no person may

install an underground storage tank for the purpose of storing

regulated substances unless such tank (whether of single or double

wall construction) -

(A) will prevent releases due to corrosion or structural

failure for the operational life of the tank;

(B) is cathodically protected against corrosion, constructed of

noncorrosive material, steel clad with a noncorrosive material,

or designed in a manner to prevent the release or threatened

release of any stored substance; and

is compatible with the substance to be stored.

(2) Notwithstanding paragraph (1), if soil tests conducted in

accordance with ASTM Standard G57-78, or another standard approved

by the Administrator, show that soil resistivity in an installation

location is 12,000 ohm/cm or more (unless a more stringent standard

is prescribed by the Administrator by rule), a storage tank without

corrosion protection may be installed in that location during the

period referred to in paragraph (1).

(h) EPA response program for petroleum

(1) Before regulations

Before the effective date of regulations under subsection (c)

of this section, the Administrator (or a State pursuant to

paragraph (7)) is authorized to -

(A) require the owner or operator of an underground storage

tank to undertake corrective action with respect to any release

of petroleum when the Administrator (or the State) determines

that such corrective action will be done properly and promptly

by the owner or operator of the underground storage tank from

which the release occurs; or

(B) undertake corrective action with respect to any release

of petroleum into the environment from an underground storage

tank if such action is necessary, in the judgment of the

Administrator (or the State), to protect human health and the

environment.

The corrective action undertaken or required under this paragraph

shall be such as may be necessary to protect human health and the

environment. The Administrator shall use funds in the Leaking

Underground Storage Tank Trust Fund for payment of costs incurred

for corrective action under subparagraph (B), enforcement action

under subparagraph (A), and cost recovery under paragraph (6) of

this subsection. Subject to the priority requirements of

paragraph (3), the Administrator (or the State) shall give

priority in undertaking such actions under subparagraph (B) to

cases where the Administrator (or the State) cannot identify a

solvent owner or operator of the tank who will undertake action

properly.

(2) After regulations

Following the effective date of regulations under subsection

(or a State pursuant to paragraph (7)) described in paragraph (1)

of this subsection shall be in conformity with such regulations.

Following such effective date, the Administrator (or the State)

may undertake corrective action with respect to any release of

petroleum into the environment from an underground storage tank

only if such action is necessary, in the judgment of the

Administrator (or the State), to protect human health and the

environment and one or more of the following situations exists:

(A) No person can be found, within 90 days or such shorter

period as may be necessary to protect human health and the

environment, who is -

(i) an owner or operator of the tank concerned,

(ii) subject to such corrective action regulations, and

(iii) capable of carrying out such corrective action

properly.

(B) A situation exists which requires prompt action by the

Administrator (or the State) under this paragraph to protect

human health and the environment.

of coverage required by the Administrator pursuant to the

provisions of subsections (c) and (d)(5) of this section and,

considering the class or category of underground storage tank

from which the release occurred, expenditures from the Leaking

Underground Storage Tank Trust Fund are necessary to assure an

effective corrective action.

(D) The owner or operator of the tank has failed or refused

to comply with an order of the Administrator under this

subsection or section 6991e of this title or with the order of

a State under this subsection to comply with the corrective

action regulations.

(3) Priority of corrective actions

The Administrator (or a State pursuant to paragraph (7)) shall

give priority in undertaking corrective actions under this

subsection, and in issuing orders requiring owners or operators

to undertake such actions, to releases of petroleum from

underground storage tanks which pose the greatest threat to human

health and the environment.

(4) Corrective action orders

The Administrator is authorized to issue orders to the owner or

operator of an underground storage tank to carry out subparagraph

(A) of paragraph (1) or to carry out regulations issued under

subsection (c)(4) of this section. A State acting pursuant to

paragraph (7) of this subsection is authorized to carry out

subparagraph (A) of paragraph (1) only until the State's program

is approved by the Administrator under section 6991c of this

title. Such orders shall be issued and enforced in the same

manner and subject to the same requirements as orders under

section 6991e of this title.

(5) Allowable corrective actions

The corrective actions undertaken by the Administrator (or a

State pursuant to paragraph (7)) under paragraph (1) or (2) may

include temporary or permanent relocation of residents and

alternative household water supplies. In connection with the

performance of any corrective action under paragraph (1) or (2),

the Administrator may undertake an exposure assessment as defined

in paragraph (10) of this subsection or provide for such an

assessment in a cooperative agreement with a State pursuant to

paragraph (7) of this subsection. The costs of any such

assessment may be treated as corrective action for purposes of

paragraph (6), relating to cost recovery.

(6) Recovery of costs

(A) In general

Whenever costs have been incurred by the Administrator, or by

a State pursuant to paragraph (7), for undertaking corrective

action or enforcement action with respect to the release of

petroleum from an underground storage tank, the owner or

operator of such tank shall be liable to the Administrator or

the State for such costs. The liability under this paragraph

shall be construed to be the standard of liability which

obtains under section 1321 of title 33.

(B) Recovery

In determining the equities for seeking the recovery of costs

under subparagraph (A), the Administrator (or a State pursuant

to paragraph (7) of this subsection) may consider the amount of

financial responsibility required to be maintained under

subsections (c) and (d)(5) of this section and the factors

considered in establishing such amount under subsection (d)(5)

of this section.

(i) No transfers of liability

No indemnification, hold harmless, or similar agreement or

conveyance shall be effective to transfer from the owner or

operator of any underground storage tank or from any person

who may be liable for a release or threat of release under

this subsection, to any other person the liability imposed

under this subsection. Nothing in this subsection shall bar

any agreement to insure, hold harmless, or indemnify a party

to such agreement for any liability under this section.

(ii) No bar to cause of action

Nothing in this subsection, including the provisions of

clause (i) of this subparagraph, shall bar a cause of action

that an owner or operator or any other person subject to

liability under this section, or a guarantor, has or would

have, by reason of subrogation or otherwise against any

person.

(D) Facility

For purposes of this paragraph, the term "facility" means,

with respect to any owner or operator, all underground storage

tanks used for the storage of petroleum which are owned or

operated by such owner or operator and located on a single

parcel of property (or on any contiguous or adjacent property).

(7) State authorities

(A) General

A State may exercise the authorities in paragraphs (1) and

(2) of this subsection, subject to the terms and conditions of

paragraphs (3), (5), (9), (10), and (11), and including the

authorities of paragraphs (4), (6), and (8) of this subsection

if -

(i) the Administrator determines that the State has the

capabilities to carry out effective corrective actions and

enforcement activities; and

(ii) the Administrator enters into a cooperative agreement

with the State setting out the actions to be undertaken by

the State.

The Administrator may provide funds from the Leaking

Underground Storage Tank Trust Fund for the reasonable costs of

the State's actions under the cooperative agreement.

(B) Cost share

Following the effective date of the regulations under

subsection (c) of this section, the State shall pay 10 per

centum of the cost of corrective actions undertaken either by

the Administrator or by the State under a cooperative

agreement, except that the Administrator may take corrective

action at a facility where immediate action is necessary to

respond to an imminent and substantial endangerment to human

health or the environment if the State fails to pay the cost

share.

(8) Emergency procurement powers

Notwithstanding any other provision of law, the Administrator

may authorize the use of such emergency procurement powers as he

deems necessary.

(9) Definition of owner or operator

(A) In general

As used in this subchapter, the terms "owner" and "operator"

do not include a person that, without participating in the

management of an underground storage tank and otherwise not

engaged in petroleum production, refining, or marketing, holds

indicia of ownership primarily to protect the person's security

interest.

(B) Security interest holders

The provisions regarding holders of security interests in

subparagraphs (E) through (G) of section 9601(20) of this title

and the provisions regarding fiduciaries at section 9607(n) of

this title shall apply in determining a person's liability as

an owner or operator of an underground storage tank for the

purposes of this subchapter.

Nothing in subparagraph (B) shall be construed as modifying

or affecting the final rule issued by the Administrator on

September 7, 1995 (60 Fed. Reg. 46,692), or as limiting the

authority of the Administrator to amend the final rule, in

accordance with applicable law. The final rule in effect on

September 30, 1996, shall prevail over any inconsistent

provision regarding holders of security interests in

subparagraphs (E) through (G) of section 9601(20) of this title

or any inconsistent provision regarding fiduciaries in section

9607(n) of this title. Any amendment to the final rule shall be

consistent with the provisions regarding holders of security

interests in subparagraphs (E) through (G) of section 9601(20)

of this title and the provisions regarding fiduciaries in

section 9607(n) of this title. This subparagraph does not

preclude judicial review of any amendment of the final rule

made after September 30, 1996.

(10) Definition of exposure assessment

As used in this subsection, the term "exposure assessment"

means an assessment to determine the extent of exposure of, or

potential for exposure of, individuals to petroleum from a

release from an underground storage tank based on such factors as

the nature and extent of contamination and the existence of or

potential for pathways of human exposure (including ground or

surface water contamination, air emissions, and food chain

contamination), the size of the community within the likely

pathways of exposure, and the comparison of expected human

exposure levels to the short-term and long-term health effects

associated with identified contaminants and any available

recommended exposure or tolerance limits for such contaminants.

Such assessment shall not delay corrective action to abate

immediate hazards or reduce exposure.

(11) Facilities without financial responsibility

At any facility where the owner or operator has failed to

maintain evidence of financial responsibility in amounts at least

equal to the amounts established by subsection (d)(5)(A) of this

section (or a lesser amount if such amount is applicable to such

facility as a result of subsection (d)(5)(B) of this section) for

whatever reason the Administrator shall expend no monies from the

Leaking Underground Storage Tank Trust Fund to clean up releases

at such facility pursuant to the provisions of paragraph (1) or

(2) of this subsection. At such facilities the Administrator

shall use the authorities provided in subparagraph (A) of

paragraph (1) and paragraph (4) of this subsection and section

6991e of this title to order corrective action to clean up such

releases. States acting pursuant to paragraph (7) of this

subsection shall use the authorities provided in subparagraph (A)

of paragraph (1) and paragraph (4) of this subsection to order

corrective action to clean up such releases. Notwithstanding the

provisions of this paragraph, the Administrator may use monies

from the fund to take the corrective actions authorized by

paragraph (5) of this subsection to protect human health at such

facilities and shall seek full recovery of the costs of all such

actions pursuant to the provisions of paragraph (6)(A) of this

subsection and without consideration of the factors in paragraph

(6)(B) of this subsection. Nothing in this paragraph shall

prevent the Administrator (or a State pursuant to paragraph (7)

of this subsection) from taking corrective action at a facility

where there is no solvent owner or operator or where immediate

action is necessary to respond to an imminent and substantial

endangerment of human health or the environment.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 9003, as added Pub. L. 98-616,

title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3279; amended Pub. L.

99-499, title II, Sec. 205(c), (d), Oct. 17, 1986, 100 Stat. 1697,

1698; Pub. L. 104-208, div. A, title II, Sec. 2503, Sept. 30, 1996,

110 Stat. 3009-468.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Bankruptcy Code, referred to in subsec. (d)(2),

probably means a reference to Title 11, Bankruptcy.

-MISC1-

AMENDMENTS

1996 - Subsec. (h)(9). Pub. L. 104-208 added par. (9) and struck

out heading and text of former par. (9). Text read as follows: "As

used in this subsection, the term 'owner' does not include any

person who, without participating in the management of an

underground storage tank and otherwise not engaged in petroleum

production, refining, and marketing, holds indicia of ownership

primarily to protect the owner's security interest in the tank."

1986 - Subsec. (c)(6). Pub. L. 99-499, Sec. 205(c)(1), added par.

(6).

Subsec. (d)(1). Pub. L. 99-499, Sec. 205(c)(3), which directed

that par. (1) be amended by "striking out 'or' after 'credit,' and

by striking out the period at the end thereof and inserting in lieu

thereof the following: 'or any other method satisfactory to the

Administrator.' ", was executed by striking the period and making

insertion at end of first sentence, rather than at end of par. (1),

as the probable intent of Congress, because an earlier version of

the amending legislation had provided that such amendment be made

to first sentence.

Pub. L. 99-499, Sec. 205(c)(2), redesignated par. (2) as (1) and

struck out former par. (1) which read as follows: "As he deems

necessary or desirable, the Administrator shall promulgate

regulations containing requirements for maintaining evidence of

financial responsibility as he deems necessary and desirable for

taking corrective action and compensating third parties for bodily

injury and property damage caused by sudden and nonsudden

accidental releases arising from operating an underground storage

tank."

Subsec. (d)(2) to (5). Pub. L. 99-499, Sec. 205(c)(2), (4), added

par. (5) and redesignated pars. (3) to (5) as (2) to (4),

respectively. Former par. (2) redesignated (1).

Subsec. (h). Pub. L. 99-499, Sec. 205(d), added subsec. (h).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 2505 of div. A of Pub. L. 104-208 provided that: "The

amendments made by this subtitle [subtitle E (Secs. 2501-2505) of

title II of div. A of Pub. L. 104-208, amending this section and

sections 9601 and 9607 of this title] shall be applicable with

respect to any claim that has not been finally adjudicated as of

the date of enactment of this Act [Sept. 30, 1996]."

ASSISTANCE AGREEMENTS WITH INDIAN TRIBES

Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2497,

provided in part: "That hereafter, the Administrator is authorized

to enter into assistance agreements with Federally recognized

Indian tribes on such terms and conditions as the Administrator

deems appropriate for the same purposes as are set forth in section

9003(h)(7) of the Resource Conservation and Recovery Act [probably

means section 9003(h)(7) of Pub. L. 89-272, 42 U.S.C.

6991b(h)(7)]."

POLLUTION LIABILITY INSURANCE

Section 205(h) of Pub. L. 99-499 provided that:

"(1) Study. - The Comptroller General shall conduct a study of

the availability of pollution liability insurance, leak insurance,

and contamination insurance for owners and operators of petroleum

storage and distribution facilities. The study shall assess the

current and projected extent to which private insurance can

contribute to the financial responsibility of owners and operators

of underground storage tanks and the ability of owners and

operators of underground storage tanks to maintain financial

responsibility through other methods. The study shall consider the

experience of owners and operators of marine vessels in getting

insurance for their liabilities under the Federal Water Pollution

Control Act [33 U.S.C. 1251 et seq.] and the operation of the Water

Quality Insurance Syndicate.

"(2) Report. - The Comptroller General shall report the findings

under this subsection to the Congress within 15 months after the

enactment of this subsection [Oct. 17, 1986]. Such report shall

include recommendations for legislative or administrative changes

that will enable owners and operators of underground storage tanks

to maintain financial responsibility sufficient to provide all

clean-up costs and damages that may result from reasonably

foreseeable releases and events."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6924, 6991a, 6991c,

6991d, 6991e, 9601 of this title; title 26 section 9508.

-FOOTNOTE-

(!1) So in original. Probably should be "subsections".

-End-

-CITE-

42 USC Sec. 6991c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-

Sec. 6991c. Approval of State programs

-STATUTE-

(a) Elements of State program

Beginning 30 months after November 8, 1984, any State may, submit

an underground storage tank release detection, prevention, and

correction program for review and approval by the Administrator.

The program may cover tanks used to store regulated substances

referred to in (!1) 6991(2)(A) or (B) or both of this title. A

State program may be approved by the Administrator under this

section only if the State demonstrates that the State program

includes the following requirements and standards and provides for

adequate enforcement of compliance with such requirements and

standards -

(1) requirements for maintaining a leak detection system, an

inventory control system together with tank testing, or a

comparable system or method designed to identify releases in a

manner consistent with the protection of human health and the

environment;

(2) requirements for maintaining records of any monitoring or

leak detection system or inventory control system or tank testing

system;

(3) requirements for reporting of any releases and corrective

action taken in response to a release from an underground storage

tank;

(4) requirements for taking corrective action in response to a

release from an underground storage tank;

(5) requirements for the closure of tanks to prevent future

releases of regulated substances into the environment;

(6) requirements for maintaining evidence of financial

responsibility for taking corrective action and compensating

third parties for bodily injury and property damage caused by

sudden and nonsudden accidental releases arising from operating

an underground storage tank;

(7) standards of performance for new underground storage tanks;

and

(8) requirements -

(A) for notifying the appropriate State agency or department

(or local agency or department) designated according to section

6991a(b)(1) of this title of the existence of any operational

or non-operational underground storage tank; and

(B) for providing the information required on the form issued

pursuant to section 6991a(b)(2) of this title.

(b) Federal standards

(1) A State program submitted under this section may be approved

only if the requirements under paragraphs (1) through (7) of

subsection (a) of this section are no less stringent than the

corresponding requirements standards promulgated by the

Administrator pursuant to section 6991b(a) of this title.

(2)(A) A State program may be approved without regard to whether

or not the requirements referred to in paragraphs (1), (2), (3),

and (5) of subsection (a) of this section are less stringent than

the corresponding standards under section 6991b(a) of this title

during the one-year period commencing on the date of promulgation

of regulations under section 6991b(a) of this title if State

regulatory action but no State legislative action is required in

order to adopt a State program.

(B) If such State legislative action is required, the State

program may be approved without regard to whether or not the

requirements referred to in paragraphs (1), (2), (3), and (5) of

subsection (a) of this section are less stringent than the

corresponding standards under section 6991b(a) of this title during

the two-year period commencing on the date of promulgation of

regulations under section 6991b(a) of this title (and during an

additional one-year period after such legislative action if

regulations are required to be promulgated by the State pursuant to

such legislative action).

(1) Corrective action and compensation programs administered by

State or local agencies or departments may be submitted for

approval under subsection (a)(6) of this section as evidence of

financial responsibility.

(2) Financial responsibility required by this subsection may be

established in accordance with regulations promulgated by the

Administrator by any one, or any combination, of the following:

insurance, guarantee, surety bond, letter of credit, qualification

as a self-insurer or any other method satisfactory to the

Administrator. In promulgating requirements under this subsection,

the Administrator is authorized to specify policy or other

contractual terms including the amount of coverage required for

various classes and categories of underground storage tanks

pursuant to section 6991b(d)(5) of this title, conditions, or

defenses which are necessary or are unacceptable in establishing

such evidence of financial responsibility in order to effectuate

the purposes of this subchapter.

(3) In any case where the owner or operator is in bankruptcy,

reorganization, or arrangement pursuant to the Federal Bankruptcy

Code or where with reasonable diligence jurisdiction in any State

court of the Federal courts cannot be obtained over an owner or

operator likely to be solvent at the time of judgment, any claim

arising from conduct for which evidence of financial responsibility

must be provided under this subsection may be asserted directly

against the guarantor providing such evidence of financial

responsibility. In the case of any action pursuant to this

paragraph such guarantor shall be entitled to invoke all rights and

defenses which would have been available to the owner or operator

if any action had been brought against the owner or operator by the

claimant and which would have been available to the guarantor if an

action had been brought against the guarantor by the owner or

operator.

(4) The total liability of any guarantor shall be limited to the

aggregate amount which the guarantor has provided as evidence of

financial responsibility to the owner or operator under this

section. Nothing in this subsection shall be construed to limit any

other State or Federal statutory, contractual or common law

liability of a guarantor to its owner or operator including, but

not limited to, the liability of such guarantor for bad faith

either in negotiating or in failing to negotiate the settlement of

any claim. Nothing in this subsection shall be construed to

diminish the liability of any person under section 9607 or 9611 of

this title or other applicable law.

(5) For the purpose of this subsection, the term "guarantor"

means any person, other than the owner or operator, who provides

evidence of financial responsibility for an owner or operator under

this subsection.

(d) EPA determination

(1) Within one hundred and eighty days of the date of receipt of

a proposed State program, the Administrator shall, after notice and

opportunity for public comment, make a determination whether the

State's program complies with the provisions of this section and

provides for adequate enforcement of compliance with the

requirements and standards adopted pursuant to this section.

(2) If the Administrator determines that a State program complies

with the provisions of this section and provides for adequate

enforcement of compliance with the requirements and standards

adopted pursuant to this section, he shall approve the State

program in lieu of the Federal program and the State shall have

primary enforcement responsibility with respect to requirements of

its program.

(e) Withdrawal of authorization

Whenever the Administrator determines after public hearing that a

State is not administering and enforcing a program authorized under

this subchapter in accordance with the provisions of this section,

he shall so notify the State. If appropriate action is not taken

within a reasonable time, not to exceed one hundred and twenty days

after such notification, the Administrator shall withdraw approval

of such program and reestablish the Federal program pursuant to

this subchapter.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 9004, as added Pub. L. 98-616,

title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3282; amended Pub. L.

99-499, title II, Sec. 205(e), Oct. 17, 1986, 100 Stat. 1702.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Bankruptcy Code, referred to in subsec. (c)(3),

probably means a reference to Title 11, Bankruptcy.

-MISC1-

AMENDMENTS

1986 - Subsec. (c)(1). Pub. L. 99-499, Sec. 205(e)(1), struck out

"financed by fees on tank owners and operators and" after

"compensation programs".

Subsec. (c)(2). Pub. L. 99-499, Sec. 205(e)(2), struck out "or"

after "letter of credit," and inserted "or any other method

satisfactory to the Administrator" and "including the amount of

coverage required for various classes and categories of underground

storage tanks pursuant to section 6991b(d)(5) of this title".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6991b, 6991e of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "in section".

-End-

-CITE-

42 USC Sec. 6991d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-

Sec. 6991d. Inspections, monitoring, testing, and corrective action

-STATUTE-

(a) Furnishing information

For the purposes of developing or assisting in the development of

any regulation, conducting any study (!1) taking any corrective

action, or enforcing the provisions of this subchapter, any owner

or operator of an underground storage tank (or any tank subject to

study under section 6991h of this title that is used for storing

regulated substances) shall, upon request 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 acting

pursuant to subsection (h)(7) of section 6991b of this title or

with an approved program, furnish information relating to such

tanks, their associated equipment, their contents, conduct

monitoring or testing, permit such officer at all reasonable times

to have access to, and to copy all records relating to such tanks

and permit such officer to have access for corrective action. For

the purposes of developing or assisting in the development of any

regulation, conducting any study, taking corrective action, or

enforcing the provisions of this subchapter, such officers,

employees, or representatives are authorized -

(1) to enter at reasonable times any establishment or other

place where an underground storage tank is located;

(2) to inspect and obtain samples from any person of any

regulated substances contained in such tank;

(3) to conduct monitoring or testing of the tanks, associated

equipment, contents, or surrounding soils, air, surface water or

ground water; and

(4) to take corrective action.

Each such inspection shall be commenced and completed with

reasonable promptness.

(b) Confidentiality

(1) Any records, reports, or information obtained from any

persons 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 a particular part thereof, to which the

Administrator (or the State, as the case may be) 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, 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 chapter, or when relevent (!2) in

any proceeding under this chapter.

(2) Any person not subject to the provisions of section 1905 of

title 18 who knowingly and willfully divulges 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 subchapter, a person required

to provide such data may -

(A) designate the data which such person believes is entitled

to protection under this subsection, and

(B) submit such designated data separately from other data

submitted under this subchapter.

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 Administrator) under this chapter shall be made available, upon

written request of any duly authorized committee of the Congress,

to such committee (including records, reports, or information

obtained by representatives of the Evironmental (!3) Protection

Agency).

-SOURCE-

(Pub. L. 89-272, title II, Sec. 9005, as added Pub. L. 98-616,

title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3284; amended Pub. L.

99-499, title II, Sec. 205(f), Oct. 17, 1986, 100 Stat. 1702.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-499, Sec. 205(f)(3), inserted reference to

corrective action in section catchline.

Subsec. (a). Pub. L. 99-499, Sec. 205(f)(1), in first sentence,

inserted "taking any corrective action" after "conducting any

study", inserted "acting pursuant to subsection (h)(7) of section

6991b of this title or", struck out "and" before "permit such

officer", and inserted "and permit such officer to have access for

corrective action", and in second sentence, inserted "taking

corrective action," after "study,". The amendment directing

insertion of "taking any corrective action" after "study" in first

sentence was executed by inserting that language after "conducting

any study" rather than after "subject to study", as the probable

intent of Congress.

Subsec. (a)(4). Pub. L. 99-499, Sec. 205(f)(2), added par. (4).

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

(!2) So in original. Probably should be "relevant".

(!3) So in original. Probably should be "Environmental".

-End-

-CITE-

42 USC Sec. 6991e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-

Sec. 6991e. Federal enforcement

-STATUTE-

(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 requirement of this subchapter, the Administrator

may issue an order requiring compliance within a reasonable

specified time period or the Administrator may commence a civil

action in the United States district court in which the violation

occurred for appropriate relief, including a temporary or permanent

injunction.

(2) In the case of a violation of any requirement of this

subchapter where such violation occurs in a State with a program

approved under section 6991c of this title, the Administrator shall

give notice to the State in which such violation has occurred prior

to issuing an order or commencing a civil action under this

section.

(3) If a violator fails to comply with an order under this

subsection 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.

(b) Procedure

Any order issued under this section 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

connection with any proceeding under this section the Administrator

may issue subpoenas for the attendance and testimony of witnesses

and the production of relevant papers, books, and documents, and

may promulgate rules for discovery procedures.

Any order issued under this section shall state with reasonable

specificity the nature of the violation, specify a reasonable 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) Civil penalties

(1) Any owner who knowingly fails to notify or submits false

information pursuant to section 6991a(a) of this title shall be

subject to a civil penalty not to exceed $10,000 for each tank for

which notification is not given or false information is submitted.

(2) Any owner or operator of an underground storage tank who

fails to comply with -

(A) any requirement or standard promulgated by the

Administrator under section 6991b of this title;

(B) any requirement or standard of a State program approved

pursuant to section 6991c of this title; or

"Interim Prohibition")

shall be subject to a civil penalty not to exceed $10,000 for each

tank for each day of violation.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 9006, as added Pub. L. 98-616,

title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3285.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6991b of this title.

-End-

-CITE-

42 USC Sec. 6991f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-

Sec. 6991f. Federal facilities

-STATUTE-

(a) Application of subchapter

Each department, agency, and instrumentality of the executive,

legislative, and judicial branches of the Federal Government having

jurisdiction over any underground storage tank shall be subject to

and comply with all Federal, State, interstate, and local

requirements, applicable to such tank, both substantive and

procedural, in the same manner, and to the same extent, as any

other person is subject to such requirements, including 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.

(b) Presidential exemption

The President may exempt any underground storage tanks 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 shall have failed to make

available such requested appropriations. 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 the Congress all exemptions from the requirements of this

section granted during the preceding calendar year, together with

his reason for granting each such exemption.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 9007, as added Pub. L. 98-616,

title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3286.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section requiring the President to report annually to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

the 9th item on page 20 of House Document No. 103-7.

-End-

-CITE-

42 USC Sec. 6991g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-

Sec. 6991g. State authority

-STATUTE-

Nothing in this subchapter shall preclude or deny any right of

any State or political subdivision thereof to adopt or enforce any

regulation, requirement, or standard of performance respecting

underground storage tanks that is more stringent than a regulation,

requirement, or standard of performance in effect under this

subchapter or to impose any additional liability with respect to

the release of regulated substances within such State or political

subdivision.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 9008, as added Pub. L. 98-616,

title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3286; amended Pub. L.

99-499, title II, Sec. 205(g), Oct. 17, 1986, 100 Stat. 1702.)

-MISC1-

AMENDMENTS

1986 - Pub. L. 99-499 amended section generally. Prior to

amendment, section read as follows: "Nothing in this subchapter

shall preclude or deny any right of any State or political

subdivision thereof to adopt or enforce any regulation, requirement

or standard of performance respecting underground storage tanks

that is more stringent than a regulation, requirement, or standard

of performance in effect under this subchapter."

-End-

-CITE-

42 USC Sec. 6991h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-

Sec. 6991h. Study of underground storage tanks

-STATUTE-

(a) Petroleum tanks

Not later than twelve months after November 8, 1984, the

Administrator shall complete a study of underground storage tanks

used for the storage of regulated substances defined in section

6991(2)(B) of this title.

(b) Other tanks

Not later than thirty-six months after November 8, 1984, the

Administrator shall complete a study of all other underground

storage tanks.

The studies under subsections (a) and (b) of this section shall

include an assessment of the ages, types (including methods of

manufacture, coatings, protection systems, the compatibility of the

construction materials and the installation methods) and locations

(including the climate of the locations) of such tanks; soil

conditions, water tables, and the hydrogeology of tank locations;

the relationship between the foregoing factors and the likelihood

of releases from underground storage tanks; the effectiveness and

costs of inventory systems, tank testing, and leak detection

systems; and such other factors as the Administrator deems

appropriate.

(d) Farm and heating oil tanks

Not later than thirty-six months after November 8, 1984, the

Administrator shall conduct a study regarding the tanks referred to

in section 6991(1)(A) and (B) of this title. Such study shall

include estimates of the number and location of such tanks and an

analysis of the extent to which there may be releases or threatened

releases from such tanks into the environment.

(e) Reports

Upon completion of the studies authorized by this section, the

Administrator shall submit reports to the President and to the

Congress containing the results of the studies and recommendations

respecting whether or not such tanks should be subject to the

preceding provisions of this subchapter.

(f) Reimbursement

(1) If any owner or operator (excepting an agency, department, or

instrumentality of the United States Government, a State or a

political subdivision thereof) shall incur costs, including the

loss of business opportunity, due to the closure or interruption of

operation of an underground storage tank solely for the purpose of

conducting studies authorized by this section, the Administrator

shall provide such person fair and equitable reimbursement for such

costs.

(2) All claims for reimbursement shall be filed with the

Administrator not later than ninety days after the closure or

interruption which gives rise to the claim.

(3) Reimbursements made under this section shall be from funds

appropriated by the Congress pursuant to the authorization

contained in section 6916(g) (!1) of this title.

(4) For purposes of judicial review, a determination by the

Administrator under this subsection shall be considered final

agency action.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 9009, as added Pub. L. 98-616,

title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3287.)

-REFTEXT-

REFERENCES IN TEXT

Section 6916(g) of this title, referred to in subsec. (f)(3),

probably means section 6916(f) of this title which authorizes

appropriations for this subchapter. There is no subsec. (g) of

section 6916.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6991d of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6991i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

-HEAD-

Sec. 6991i. Authorization of appropriations

-STATUTE-

For authorization of appropriations to carry out this subchapter,

see section 6916(g) (!1) of this title.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 9010, as added Pub. L. 98-616,

title VI, Sec. 601(a), Nov. 8, 1984, 98 Stat. 3287.)

-REFTEXT-

REFERENCES IN TEXT

Section 6916(g) of this title, referred to in text, probably

means section 6916(f) of this title which authorizes appropriations

for this subchapter. There is no subsec. (g) of section 6916.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE

TRACKING PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-End-

-CITE-

42 USC Sec. 6992 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

Sec. 6992. Scope of demonstration program for medical waste

-STATUTE-

(a) Covered States

The States within the demonstration program established under

this subchapter for tracking medical wastes shall be New York, New

Jersey, Connecticut, the States contiguous to the Great Lakes and

any State included in the program through the petition procedure

described in subsection (c) of this section, except for any of such

States in which the Governor notifies the Administrator under

subsection (b) of this section that such State shall not be covered

by the program.

(b) Opt out

(1) If the Governor of any State covered under subsection (a) of

this section which is not contiguous to the Atlantic Ocean notifies

the Administrator that such State elects not to participate in the

demonstration program, the Administrator shall remove such State

from the program.

(2) If the Governor of any other State covered under subsection

(a) of this section notifies the Administrator that such State has

implemented a medical waste tracking program that is no less

stringent than the demonstration program under this subchapter and

that such State elects not to participate in the demonstration

program, the Administrator shall, if the Administrator determines

that such State program is no less stringent than the demonstration

program under this subchapter, remove such State from the

demonstration program.

(3) Notifications under paragraphs (1) or (2) shall be submitted

to the Administrator no later than 30 days after the promulgation

of regulations implementing the demonstration program under this

subchapter.

The Governor of any State may petition the Administrator to be

included in the demonstration program and the Administrator may, in

his discretion, include any such State. Such petition may not be

made later than 30 days after promulgation of regulations

establishing the demonstration program under this subchapter, and

the Administrator shall determine whether to include the State

within 30 days after receipt of the State's petition.

(d) Expiration of demonstration program

The demonstration program shall expire on the date 24 months

after the effective date of the regulations under this subchapter.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 11001, as added Pub. L. 100-582,

Sec. 2(a), Nov. 1, 1988, 102 Stat. 2950.)

-End-

-CITE-

42 USC Sec. 6992a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

Sec. 6992a. Listing of medical wastes

-STATUTE-

(a) List

Not later than 6 months after November 1, 1988, the Administrator

shall promulgate regulations listing the types of medical waste to

be tracked under the demonstration program. Except as provided in

subsection (b) of this section, such list shall include, but need

not be limited to, each of the following types of solid waste:

(1) Cultures and stocks of infectious agents and associated

biologicals, including cultures from medical and pathological

laboratories, cultures and stocks of infectious agents from

research and industrial laboratories, wastes from the production

of biologicals, discarded live and attenuated vaccines, and

culture dishes and devices used to transfer, inoculate, and mix

cultures.

(2) Pathological wastes, including tissues, organs, and body

parts that are removed during surgery or autopsy.

(3) Waste human blood and products of blood, including serum,

plasma, and other blood components.

(4) Sharps that have been used in patient care or in medical,

research, or industrial laboratories, including hypodermic

needles, syringes, pasteur pipettes, broken glass, and scalpel

blades.

(5) Contaminated animal carcasses, body parts, and bedding of

animals that were exposed to infectious agents during research,

production of biologicals, or testing of pharmaceuticals.

(6) Wastes from surgery or autopsy that were in contact with

infectious agents, including soiled dressings, sponges, drapes,

lavage tubes, drainage sets, underpads, and surgical gloves.

(7) Laboratory wastes from medical, pathological,

pharmaceutical, or other research, commercial, or industrial

laboratories that were in contact with infectious agents,

including slides and cover slips, disposable gloves, laboratory

coats, and aprons.

(8) Dialysis wastes that were in contact with the blood of

patients undergoing hemodialysis, including contaminated

disposable equipment and supplies such as tubing, filters,

disposable sheets, towels, gloves, aprons, and laboratory coats.

(9) Discarded medical equipment and parts that were in contact

with infectious agents.

(10) Biological waste and discarded materials contaminated with

blood, excretion, excudates (!1) or secretion from human beings

or animals who are isolated to protect others from communicable

diseases.

(11) Such other waste material that results from the

administration of medical care to a patient by a health care

provider and is found by the Administrator to pose a threat to

human health or the environment.

(b) Exclusions from list

The Administrator may exclude from the list under this section

any categories or items described in paragraphs (6) through (10) of

subsection (a) of this section which he determines do not pose a

substantial present or potential hazard to human health or the

environment when improperly treated, stored, transported, disposed

of, or otherwise managed.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 11002, as added Pub. L. 100-582,

Sec. 2(a), Nov. 1, 1988, 102 Stat. 2951.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6992b, 6992i of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "exudates".

-End-

-CITE-

42 USC Sec. 6992b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

Sec. 6992b. Tracking of medical waste

-STATUTE-

(a) Demonstration program

Not later than 6 months after November 1, 1988, the Administrator

shall promulgate regulations establishing a program for the

tracking of the medical waste listed in section 6992a of this title

which is generated in a State subject to the demonstration program.

The program shall (1) provide for tracking of the transportation of

the waste from the generator to the disposal facility, except that

waste that is incinerated need not be tracked after incineration,

(2) include a system for providing the generator of the waste with

assurance that the waste is received by the disposal facility, (3)

use a uniform form for tracking in each of the demonstration

States, and (4) include the following requirements:

(A) A requirement for segregation of the waste at the point of

generation where practicable.

(B) A requirement for placement of the waste in containers that

will protect waste handlers and the public from exposure.

waste.

(b) Small quantities

In the program under subsection (a) of this section, the

Administrator may establish an exemption for generators of small

quantities of medical waste listed under section 6992a of this

title, except that the Administrator may not exempt from the

program any person who, or facility that, generates 50 pounds or

more of such waste in any calendar month.

Concurrently with the promulgation of regulations under

subsection (a) of this section, the Administrator shall promulgate

a recordkeeping and reporting requirement for any generator in a

demonstration State of medical waste listed in section 6992a of

this title that (1) incinerates medical waste listed in section

6992a of this title on site and (2) does not track such waste under

the regulations promulgated under subsection (a) of this section.

Such requirement shall require the generator to report to the

Administrator on the volume and types of medical waste listed in

section 6992a of this title that the generator incinerated on site

during the 6 months following the effective date of the

requirements of this subsection.

(d) Type of medical waste and types of generators

For each of the requirements of this section, the regulations may

vary for different types of medical waste and for different types

of medical waste generators.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 11003, as added Pub. L. 100-582,

Sec. 2(a), Nov. 1, 1988, 102 Stat. 2952.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6992c, 6992f of this

title.

-End-

-CITE-

42 USC Sec. 6992c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

Sec. 6992c. Inspections

-STATUTE-

(a) Requirements for access

For purposes of developing or assisting in the development of any

regulation or report under this subchapter or enforcing any

provision of this subchapter, any person who generates, stores,

treats, transports, disposes of, or otherwise handles or has

handled medical waste shall, upon request of any officer, employee,

or representative of the Environmental Protection Agency duly

designated by the Administrator, furnish information relating to

such waste, including any tracking forms required to be maintained

under section 6992b of this title, conduct monitoring or testing,

and permit such person at all reasonable times to have access to,

and to copy, all records relating to such waste. For such purposes,

such officers, employees, or representatives are authorized to -

(1) enter at reasonable times any establishment or other place

where medical wastes are or have been generated, stored, treated,

disposed of, or transported from;

(2) conduct monitoring or testing; and

(3) inspect and obtain samples from any person of any such

wastes and samples of any containers or labeling for such wastes.

(b) Procedures

Each inspection under this section shall be commenced and

completed with reasonable 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

giving such an equal portion is feasible. 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 of

the premises concerned.

The provisions of section 6927(b) of this title shall apply to

records, reports, and information obtained under this section in

the same manner and to the same extent as such provisions apply to

records, reports, and information obtained under section 6927 of

this title.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 11004, as added Pub. L. 100-582,

Sec. 2(a), Nov. 1, 1988, 102 Stat. 2952.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6992f of this title.

-End-

-CITE-

42 USC Sec. 6992d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

Sec. 6992d. Enforcement

-STATUTE-

(a) Compliance orders

(1) Violations

Whenever on the basis of any information the Administrator

determines that any person has violated, or is in violation of,

any requirement or prohibition in effect under this subchapter

(including any requirement or prohibition in effect under

regulations under this subchapter) (A) the Administrator may

issue an order (i) assessing a civil penalty for any past or

current violation, (ii) requiring compliance immediately or

within a specified time period, or (iii) both, or (B) 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. Any order issued pursuant to this subsection shall

state with reasonable specificity the nature of the violation.

(2) Orders assessing penalties

Any penalty assessed in an order under this subsection shall

not exceed $25,000 per day of noncompliance for each violation of

a requirement or prohibition in effect under this subchapter. In

assessing such a penalty, the Administrator shall take into

account the seriousness of the violation and any good faith

efforts to comply with applicable requirements.

(3) Public hearing

Any order issued under this subsection shall become final

unless, not later than 30 days after issuance of the order, the

persons named therein request a public hearing. Upon such

request, the Administrator shall promptly conduct a public

hearing. In connection with any proceeding under this section,

the Administrator may issue subpoenas for the production of

relevant papers, books, and documents, and may promulgate rules

for discovery procedures.

(4) Violation of compliance orders

In the case of an order under this subsection requiring

compliance with any requirement of or regulation under this

subchapter, if a violator fails to take corrective action within

the time specified in an order, the Administrator may assess a

civil penalty of not more than $25,000 for each day of continued

noncompliance with the order.

(b) Criminal penalties

Any person who -

(1) knowingly violates the requirements of or regulations under

this subchapter;

(2) knowingly omits material information or makes any false

material statement or representation in any label, record,

report, or other document filed, maintained, or used for purposes

of compliance with this subchapter or regulations thereunder; or

(3) knowingly generates, stores, treats, transports, disposes

of, or otherwise handles any medical waste (whether such activity

took place before or takes place after November 1, 1988) and who

knowingly destroys, alters, conceals, or fails to file any

record, report, or other document required to be maintained or

filed for purposes of compliance with this subchapter or

regulations thereunder

shall, upon conviction, be subject to a fine of not more than

$50,000 for each day of violation, or imprisonment not to exceed 2

years (5 years in the case of a violation of paragraph (1)). If the

conviction is for a violation committed after a first conviction of

such person under this paragraph, the maximum punishment under the

respective paragraph shall be doubled with respect to both fine and

imprisonment.

Any person who knowingly violates any provision of subsection (b)

of this section who knows at that time that he thereby places

another person in imminent danger of death or serious bodily

injury, shall upon conviction be subject to a fine of not more than

$250,000 or imprisonment for not more than 15 years, or both. A

defendant that is an organization shall, upon conviction under this

subsection, be subject to a fine of not more than $1,000,000. The

terms of this paragraph shall be interpreted in accordance with the

rules provided under section 6928(f) of this title.

(d) Civil penalties

Any person who violates any requirement of or regulation under

this subchapter 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 section,

constitute a separate violation.

(e) Civil penalty policy

Civil penalties assessed by the United States or by the States

under this subchapter shall be assessed in accordance with the

Administrator's "RCRA Civil Penalty Policy", as such policy may be

amended from time to time.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 11005, as added Pub. L. 100-582,

Sec. 2(a), Nov. 1, 1988, 102 Stat. 2953.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6992f of this title.

-End-

-CITE-

42 USC Sec. 6992e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

Sec. 6992e. Federal facilities

-STATUTE-

(a) In general

Each department, agency, and instrumentality of the executive,

legislative, and judicial branches of the Federal Government in a

demonstration State (1) having jurisdiction over any solid waste

management facility or disposal site at which medical waste is

disposed of or otherwise handled, or (2) engaged in any activity

resulting, or which may result, in the disposal, management, or

handling of medical waste shall be subject to, and comply with, all

Federal, State, interstate, and local requirements, both

substantive 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 and abatement of medical waste disposal and

management in the same manner, and to the same extent, as any

person is subject to such requirements, including the payment of

reasonable service charges. The Federal, State, interstate, and

local substantive and procedural requirements referred to in this

subsection include, but are not limited to, all administrative

orders, civil, criminal, and administrative penalties, and other

sanctions, including injunctive relief, fines, and imprisonment.

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 order, penalty, or other sanction. For purposes of enforcing

any such substantive or procedural requirement (including, but not

limited to, any injunctive relief, administrative order, or civil,

criminal, administrative penalty, or other sanction), against any

such department, agency, or instrumentality, the United States

hereby expressly waives any immunity otherwise applicable to the

United States. The President may exempt 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 shall have 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 the Congress all exemptions from the requirements of this

section granted during the preceding calendar year, together with

his reason for granting each such exemption.

(b) "Person" defined

For purposes of this chapter, the term "person" shall be treated

as including each department, agency, and instrumentality of the

United States.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 11006, as added Pub. L. 100-582,

Sec. 2(a), Nov. 1, 1988, 102 Stat. 2954.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(a) of this section requiring the President to report annually to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

the 10th item on page 20 of House Document No. 103-7.

-End-

-CITE-

42 USC Sec. 6992f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

Sec. 6992f. Relationship to State law

-STATUTE-

(a) State inspections and enforcement

A State may conduct inspections under (!1) 6992c of this title

and take enforcement actions under section 6992d of this title

against any person, including any person who has imported medical

waste into a State in violation of the requirements of, or

regulations under, this subchapter, to the same extent as the

Administrator. At the time a State initiates an enforcement action

under section 6992d of this title against any person, the State

shall notify the Administrator in writing.

(b) Retention of State authority

Nothing in this subchapter shall -

(1) preempt any State or local law; or

(2) except as provided in subsection (c) of this section,

otherwise affect any State or local law or the authority of any

State or local government to adopt or enforce any State or local

law.

Any State or local law which requires submission of a tracking

form from any person subject to this subchapter shall require that

the form be identical in content and format to the form required

under section 6992b of this title, except that a State may require

the submission of other tracking information which is supplemental

to the information required on the form required under section

6992b of this title through additional sheets or such other means

as the State deems appropriate.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 11007, as added Pub. L. 100-582,

Sec. 2(a), Nov. 1, 1988, 102 Stat. 2955.)

-FOOTNOTE-

(!1) So in original. Probably should be "under section".

-End-

-CITE-

42 USC Sec. 6992g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

Sec. 6992g. Repealed. Pub. L. 105-362, title V, Sec. 501(h)(1)(A),

Nov. 10, 1998, 112 Stat. 3284

-MISC1-

Section, Pub. L. 89-272, title II, Sec. 11008, as added Pub. L.

100-582, Sec. 2(a), Nov. 1, 1988, 102 Stat. 2956, related to

Administrator's report to Congress concerning demonstration medical

waste tracking program.

-End-

-CITE-

42 USC Sec. 6992h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

Sec. 6992h. Health impacts report

-STATUTE-

Within 24 months after November 1, 1988, the Administrator of the

Agency for Toxic Substances and Disease Registry shall prepare for

Congress a report on the health effects of medical waste, including

each of the following -

(1) A description of the potential for infection or injury from

the segregation, handling, storage, treatment, or disposal of

medical wastes.

(2) An estimate of the number of people injured or infected

annually by sharps, and the nature and seriousness of those

injuries or infections.

(3) An estimate of the number of people infected annually by

other means related to waste segregation, handling, storage,

treatment, or disposal, and the nature and seriousness of those

infections.

(4) For diseases possibly spread by medical waste, including

Acquired Immune Deficiency Syndrome and hepatitis B, an estimate

of what percentage of the total number of cases nationally may be

traceable to medical wastes.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 11008, formerly Sec. 11009, as

added Pub. L. 100-582, Sec. 2(a), Nov. 1, 1988, 102 Stat. 2957;

renumbered Sec. 11008, Pub. L. 105-362, title V, Sec. 501(h)(1)(B),

Nov. 10, 1998, 112 Stat. 3284.)

-MISC1-

PRIOR PROVISIONS

A prior section 11008 of Pub. L. 89-272 was classified to section

6992g of this title prior to repeal by Pub. L. 105-362, Sec.

501(h)(1)(A).

-End-

-CITE-

42 USC Sec. 6992i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

Sec. 6992i. General provisions

-STATUTE-

(a) Consultation

(1) In promulgating regulations under this subchapter, the

Administrator shall consult with the affected States and may

consult with other interested parties.

(2) The Administrator shall also consult with the International

Joint Commission to determine how to monitor the disposal of

medical waste emanating from Canada.

(b) Public comment

In the case of the regulations required by this subchapter to be

promulgated within 9 months after November 1, 1988, the

Administrator may promulgate such regulations in interim final form

without prior opportunity for public comment, but the Administrator

shall provide an opportunity for public comment on the interim

final rule. The promulgation of such regulations shall not be

subject to the Paperwork Reduction Act of 1980.(!1)

Nothing in this subchapter shall affect the authority of the

Administrator to regulate medical waste, including medical waste

listed under section 6992a of this title, under subchapter III of

this chapter.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 11009, formerly Sec. 11010, as

added Pub. L. 100-582, Sec. 2(a), Nov. 1, 1988, 102 Stat. 2957;

renumbered Sec. 11009, Pub. L. 105-362, title V, Sec. 501(h)(1)(B),

Nov. 10, 1998, 112 Stat. 3284.)

-REFTEXT-

REFERENCES IN TEXT

The Paperwork Reduction Act of 1980, referred to in subsec. (b),

is Pub. L. 96-511, Dec. 11, 1980, 94 Stat. 2812, as amended, which

was classified principally to chapter 35 (Sec. 3501 et seq.) of

Title 44, Public Printing and Documents, prior to the general

amendment of that chapter by Pub. L. 104-13, Sec. 2, May 22, 1995,

109 Stat. 163. For complete classification of this Act to the Code,

see Short Title of 1980 Amendment note set out under section 101 of

Title 44 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 11009 of Pub. L. 89-272 was renumbered section

11008 and is classified to section 6992h of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6992j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

Sec. 6992j. Effective date

-STATUTE-

The regulations promulgated under this subchapter shall take

effect within 90 days after promulgation, except that, at the time

of promulgation, the Administrator may provide for a shorter period

prior to the effective date if he finds the regulated community

does not need 90 days to come into compliance.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 11010, formerly Sec. 11011, as

added Pub. L. 100-582, Sec. 2(a), Nov. 1, 1988, 102 Stat. 2958;

renumbered Sec. 11010, Pub. L. 105-362, title V, Sec. 501(h)(1)(B),

Nov. 10, 1998, 112 Stat. 3284.)

-MISC1-

PRIOR PROVISIONS

A prior section 11010 of Pub. L. 89-272 was renumbered section

11009 and is classified to section 6992i of this title.

-End-

-CITE-

42 USC Sec. 6992k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

-HEAD-

Sec. 6992k. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Administrator such

sums as may be necessary for each of the fiscal years 1989 through

1991 for purposes of carrying out activities under this subchapter.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 11011, formerly Sec. 11012, as

added Pub. L. 100-582, Sec. 2(a), Nov. 1, 1988, 102 Stat. 2958;

renumbered Sec. 11011, Pub. L. 105-362, title V, Sec. 501(h)(1)(B),

Nov. 10, 1998, 112 Stat. 3284.)

-MISC1-

PRIOR PROVISIONS

A prior section 11011 of Pub. L. 89-272 was renumbered section

11010 and is classified to section 6992j of this title.

-End-

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