Document zQy0x8mDkenxm5vr68ddVpJ6a

Monday May 19, 1980 Part II Environmental Protection Agency Hazardous Waste Management System: General 5-19-80 Vol. 45--No. 98 BOOK 2: PAGES 33083-33285 Book 2 of 3 Bo ks Monday, May 19, 1980 ENVIRONMENTAL PROTECTION AGENCY Hazardous Waste Management System 33066 Part II Hazardous Waste Management System; General 33084 Part III Identification and Listing of Hazardou Waste 33136 Part IV Proposal To Modify 40 CFR Part 261-- ^Hazardous Waste Lists 33140 PartV Standards Applicable to Generators of Hazardous Waste 33150 Part VI Standards Applicable to Transporters of Hazardous Waste 33154 Part VII Standards and Interim Status Standards for Owners and Operators of Hazard us Waste Treatment, Storage, and Disposal Facilities 33260 Part VIII Proposal To Modify 40 CFR Part 265-- Subpart H--Financial Requirements 33280 Part IX Proposal To Modify 40 CFR Part 265-- Subpart R--Underground Injection CC 0004^81 3 OCf 0-7Ojfa f4vXrUgt->%^ jfysrHs&k+'^U-eSe /re -j S-3I9 71:3101 fkt**#. $1&?6 1 " Jiaffty*/ SPICU /#& _ Ms? /&> w 4r^ RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (42 U.S.G. 3251 et seq., FL 89-272, October 20, 1965; as amended by the Resource Recovery Act of 1970, PL 91-512, October 26, 1970; PL 93-14, April 9, 1973; PL 93-611, January 2,1975; PL 94-580, October 21,1976) [Editor's note: The Resource Conservation and Recovery Act of 1976, PL94-580, completely replaced the previous language of the Solid Waste Disposal Act.] An Act To provide tevhulcal end financial asalvtanee lor the development of manscement plane and faellitlee for the recovery oPenerer and other lewntrces from dlacatdrd mnterlalB and for the safe disposal of discarded materials, and to reculats the monset-ment of hatardous waste. Be it eiuulr.d by the Senate and Haute o United Statet of America m Conyrete attemb, of the short ima Suction 1. This Act may be cited i i the "Resource Conservation and Recovery Act of 1976". AMENDMENT OF SOLID WASTE DISPOSAL ACT Sec. 2. The Solid Waste Disposal Act (42 U.S.C. 3251 and follow ing) is amended to read as follows: "TITLE II--SOLID WASTE DISPOSAL , "Subtitle A--General Provisions "short title and table or contents "Sea 1001. This title (hereinafter in this title referred to as `this Act'), together with the following table of contents, may be cited as the `Solid Waste Disposal Act': "Bubtltle A Omni Prcvislo&i "Sec. 1001. Short title end tebls of eooteot* "Sec, 1003. CoDgrettloiisI findings. "Sec. 1003. Objectives. "Sec. 1004. Definition* "Sec. 1000. Governmental coopcmtlea. "Sec. 1000. Application of Act and Integration with other AcU"8cc. 1007. Financial disclosure. "8ec., 1008, Solid waste management Information and guideline* "Subtitle B--Office of Solid Waete; Authorities of the Adodutatrator "Sec. 3001. Office of Solid Waete. "Sec. 2002. Authorities of Administrator. "Sec. 2003, Beeource recovery and euneervatlon panels. "Sec. 2004, Granta for discarded tire dltpani "Sec. 2000. Annual report. "Sec. 3000. General authorisation. "Subtitle O--Haaaidoue Waste Management "See. 3001. Identification and listing of hasatdoue waete. "Sec. 3003. Standards applicable to generatom of haaardous waste. "Sec. 3008. Standards applicable to transporters of haiardons waete. "Sec. 3004. Standards applicable to owners and operators of hasardoua waste treatment, storage, and disposal facilities, "See. 3000. permits for treatment, storage, or disposal at hazardous waste. "See. 3000. Authorised State hasardoua wai H8e*j007. Infections. "See. 3006. Federal enforcement. "See. 3000. Retention of State authority. "tee. 3010. Effective data. "See. 3011. Authorisation of asristance to State* "Subtitle P State or Rectorial Solid Waete Plans . 400L Objectives of subtitle. "See. 4003. Federal guidelines for plana. "See. 4008. Minimum requirements for approval ef plane. "Sec. 4004. Criteria for sanitary landiUe; --niy isnAun^ nqvliel for all "Sec. 4000, Upgrading of open dumps. "Sec. 4008. Procedure tor davalnffiamil and implementation of State plan. "Sec. 4007. Approval of State plan; Federal assistance. "Sec. 4003. Federal assistance. "See. 4000. Rural communities a--tstanca. "Subtitle E--Duties of the Secretary of Commerce in Resource and Recovery "Sea. BOOL Functions. "See. 8003. Developmentnf spsrtficatto-- toe secondary materials. "Sec. 8008. Development of markets toejnaovried materials. "Sec. 8004. Technology promotion. "Subtitle r--Federal Remooribtiltias "Sec. 0001. Application of Federal, State, and local law to Federal facilities "See. 0002. Federal procurement "Sec. 0003, OogsnttN with tothmumtal Protection Agency. "Sec. 0004. Applicability of solid waste dRpoaalguMsHoss to exscutive agendo* "Subtitle O--Miscellaneous TOOL Employee protection, "See. 7003. Gitlsea alts "Sec, 7003. Imminent hasard. "Sec. 7004. Petition for regulations; public participation. "See. 7008. Separability. "Sec. 7008. Judicial review. "Sen. TOOT. Grant* or cuutrnct* for training projects. "See. 7006, P "Sec. TOOO. ; * "Subtitle H--Research, Development, Demonstration, and Information "Sec. 8001. Usseerch, demonstration* training, and other activities. "Sec. 3003. flfrrlil stnrtlis plans for neciili. rtirrnlnpiafint, sinl itomnnstTstlnns "Sec. 8000, Coordination, collection, and fit--mlnation of Information. "Sec. 8004. Full-scale demonstration tedMtiea "Sec. 8208. Special study and demonstration projects on recovery of uaefnl energy and materials, "See. 8003 Grants tor resource roouvery wstems and Improved eolid waste dis- paaal fadlitie* "Sec. 8007. Authortsatiou of appropriation* * "OOtfOttSSIONAL yiNDLHO* "Sbc. 1002. (a) Qaun Congreei finds with respect to solid waste-- "(1) that the continuing technologies! pragmas and improve- meat in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mam material discarded by the purchaser of such products; M(2) that the economic and growth of our Nation, and the improvements in the standard ofliving enjoyed by our population, have required increased industrial production to meet our needs* and have made necessary the demolition of old build ings, the construction of new buildings, and the provirion of high ways and other avenues of trensportatioiL which, together with related industrial, commercial, and agriculturall <operations, have resulted in a rising tide of scrap, discarded, and waste materials; "(B) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovern mental, and technical problems in the disposal of solid wastes 12-17*76 Copy right 8 1976 by The Bureau of Notional Affairs I CCR oioo*M 71:3102 FEDERAL LAWS resulting from the industrial, commercial, domestic, and other activities carried on in such areas; "(4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assist ance and leadership in the development, demonstration, and appli cation of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper end economical solid-waste disposal practices. "(b) Environment and Health.--The Congress finds with respect to the environment end health, that-- "(1) although land is too valuable a national resource to be needlessly polluted by discarded materials, moat solid waste is dis posed of on lend in open dumps snd sanitary landfills; "(2) disposal of solid waste and hssardous waste in or on the land without careful planning and management can present a danger to human health and the environment; " (3) as a result of the Clean Air Act, the Water Pollution Con trol Act, and other Federal and State laws respecting public health and the environment, greater amounts of solid waste (in the form of sludge snd other pollution treatment residues) have been created. Similarly, inadequate and environmentally unsound practices for the disposal or use of solid waste have created greater amounts of air ana water pollution and other problems for the environment and forhealth; "(4) open dumping is particularly harmful to health, contami nates drinking water from underground and surface supplies, and pollutes the air and the land; " (5) hazardous waste presents, in addition to the problems asso ciated with non-hazardous solid waste, special dangers to health and requires a greater degree of regulation than does non-hazardous solid waste; and "(6) alternatives to existing methods of land disposal must be developed since many of the cities in the United states will be running out of suitable solid wsste disposal sites within five years unless immediate action is taken; "(c) Materials.--The Congress finds with respect to materials, that-- " (1) millions of tons of recoversblc material which could be used are needlessly buried each year; "(2) methods are available to separate usable materials from solid waste; and "(3) the recovery and conservation of such materials can reduce the dependence of the United States on foreign resources and reduce the deficit in its balance of payments. "(d) Enerot.--The Congress finds with respect to energy, that-- " (1) solid wsste represents a potential source of solid fuel, oil, or gss that can be converted into energy ; "(2) the need exists to develop alternative energy sources for public and private consumption in order to reduce our dependence on such sources as petroleum products, natural gas, nuclear and hydroelectric generation; and "(3) technology exists to produce usable energy from solid waste. "objectives "Sec. 1003. The objective# of this Act are to promote the protection of health and the environment an.J to conserve valuable material and energy resources by-- "(1) providing technical and financial assistance to State and local governments and interstate agencies for the development of solid waste management plans (including resource recovery and resource conservation systems) which will promote improved solid waste management techniques (including more effective organiza tional arrangements), new and improved methods of collection, separation, and recovery of solid waste, and the environmentally safe disposal of nonrecoverahle.residues; "(2) providing training grants in occupations involving the design, operation, and maintenance of solid waste disposal systems; "(3) prohibiting future open dumping on the land and requir ing the conversion of existing open dumps to facilities which do not pose a danger to the environment or to health; " (4) regulating the treetment, storage, transportation, and dis posal of hazardous wastes which have adverse effects on health end the environment; "(5) providing for the promulgation of guidelines for solid waste collection, transport, separation, recovery, and disposal practices and systems; "(6) promoting a national research and development program for improved solid waste management and resource conservation techniques, more effective organizational arrangements, snd new and improved methods of collection, separation, and recovery, and recycling of solid wastes and environmentally safe disposal of nonrecoverable residues; "(f) promoting the demonstration, construction, and applica tion of solid waste management, resource recovery, and resource conservation systems which preserve and enhance the quality of air, water, and land resources; and "(8) establishing a cooperative effort among the Federal, State, and local governments and private enterprise in order to recover valuable materials and energy from solid waste. "DEnNmoKs "Sec. 1004. As used in this Act: "(1) The term `Administrator' means the Administrator of the Environmental Protection Agency. "(2) The term `construction,' with respect to any project of con struction under this Act, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisi tion, replacement, expansion, remodeling, alteration, modernization, or extension of existing structures, and (B) the acquisition and instal lation of initial equipment of, or required in connection with, new Or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractor*, cranes, and other machinery) hecessary for the proper utilization and operation of the facility after completion of the project; and includes preliminary planning to deter mine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action nec essary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion. " (2A) The term `demonstration' means the initial exhibition of * new technology process or practice or a significantly new combination Or use of technologies, processes or practices, subsequent to the develop ment stage, for the purpose of proving technological feasibility and cost effectiveness. "(3) The term `disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or haz ardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. "(4) The term `Federal agency' means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office. " (5) The term `hazardous waste' means a solid wsste, or combination of solid wastes, which because of its quantity, concentration, or phys ical, chemical, or infectious characteristics may-- "(A) cause, or significantly contribute to an increase in mor tality or an increase in senous irreversible, or incapacitating reversible, illness; or "(B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, trans ported, or disposed of, or otherwise managed. " (6) The term `hazardous waste generation' means the act or process of producing hazardous waste. "(7) The term 'hazardous waste management' means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes. "(8) for purposes of Federal financial assistance (other than rural communities assistance), the term `implementation' does not include the acquisition, leasing, construction, or modification of facilities or equipment or the acquisition, leasing, or improvement of land and after December 31, 1979, such term does not include salaries of employees due pursuant to subtitle D of this Act. "(9) The term intermunicipal agency' means an agency established by two or more municipalities with responsibility for planning or administration of solid waste. "(10) The term `interstate agency' means an agency of two or more municipalities in different States, or an agency established by two or more States, with authority to provide for the disposal of solid wastes and serving two or more municipalities located in different States. "(11) The term `long-term contract' means, when used in relation to solid waste supply, a contract of sufficient duration to nraiirr the viability of a resource recovery facility (lo the extent tliat such viability depends nj>on solid waste supply). "(12) The term 'manifest' means the form used for identifying the quantity, composition, ami the origin, routing, and destination of hazardous waste during its transportation from the point of genera tion to the (joint of disposal, treatment, or storage. "(13) The term `municipality' (A) means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law, with responsibility for the planning or administration CCR 000041283 Environment Reporter 8 RESOURCE RECOVERY ACT S-329 71:3103 of solid wonto muugtnwnt, or an Indian tribe or authorized tribal organization or Alaska Native village or organization, and (B) includes any rural community or unincorporated town or village or any other public entity for which an application for assistance is made by a State or political subdivision thereof. "(14) The term `open dump' means a site for the disposal of solid waste which is not a sanitary landfill within the meaning of section 4004. "(15) The term `person' means an individual, trust,firm, joint stock company, corporation (including a government corporation), partner ship, association. State, municipality, oommimion, political subdivi- ,, non of a State, or any interstate body. "(16) The term `procurement item' means any device, good, substance, material, product, or other item whether real or per sonal property which is the subject of any purchase, barter, or other exchange made to procure such item. "(n) The term `procuring agency' means any Federal agency, or any State agency or agency of a political subdivision of a State which is using appropriated Federal funds for such procurement, or any per son contracting with any such agency with respect to work performed under such contract, "(18) The term `recoverable' refers to the capability and likelihood of being recovered from solid waste for a commercial or industrial use. "(19) The term `recovered material' means material which has been collected or recovered from solid waste. "(20) The term "recovered resources' moans materiel or energy recovered from solid waste. "(21) The term `teeource conservation' means reduction of the amounts of solid waste that are generated, reduction of overall resource consumption, and utilization of recovered resources. "(22) The term `resource recovery' means the recovery of materiel orenergy from solid waste. "(23) The term `resource recovery system' means a solid waste man agement system which provides for collection, separation, recycling, and recovery of solid wastes, including disposal of nonrecoverable waste residues. "(24) The term `resource recovery facility' means any fatality at which solid waste is processed for the purpose of extracting, convert ing to energy, or otherwise separating and preparing solid waste for "(25) The term `regional authority' means the authority established or designated under section 4006. "(261 Hie term `sanitary landfill' means s facility for the disposal of solid waste which meets the criteria published under section 4004. "(26A) The term `sludge' means any solid, semisolid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and affects. "(27) The term `solid waste' means any garbage, refuse, sludge from waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, Semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, ana from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, ss amended (86 Stat, 880), or source, special nuclear, or byproduct material as defined bythe Atomic Energy Act of 1954, as amended (68 Stat. 923). "(28) The term `solid waste management' means the systematic administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste. "(29) The term `solid waste management facility' includes (A) any resource recovery system or component thereof, (B) any system, pro gram, or facility for resource conservation, and (C) any facility for the treatment of solid wastes, including hazardous wastes, whether such facility is associated with facilities generating such wastes or Otherwise. "(30) The terms `solid waste planning*, `solid waste management', and `comprehensive planning' include planning or management respecting resource recovery and resource conservation. " (31) The term 'State' means any of the several StaUn, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. "(32) The term `State authority' means the agency established or designsted under section 4007. "(33) The term `storage', when used in connection with hazardous waste, means the containment of hazardous waste, either on a tempo rary basis or for a period of years, in such a manner ss not to constitute disposal of such hazardous waste. "(34) The term `treatment', when used in connection with hazardous waste, means sny method, technique, or process, including neutraliza tion, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so ss to render it nonhazardous. "(35) The term `virgin material' means a raw material, including previously unused copper, aluminum, lead, zinc, iron, or other metal or metal ore, any undeveloped resource that is, or with new technology will become, a source of raw materials. V - "(lOVZZKMENTAL COOREATION "Sec. 1005. (a) INTZssTATa CoorxxiTiotc.--The provisions of this Act to be carried out by States may be carried out by interstate agencies and provisione applicable to States may apply to interstate regions where such agencies and regions have been established by the respective States and approved by the Administrator. In sny such cess, action required to be taken by the Governor of a State, respecting regional designation shall be required to be taken by the Governor of each of the respective State! with respect to so much of the interstate region as is within the jurisdictionof that State. "(b) Consemt or Conoeess to Contacts.--The consent of the Congrass ib hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for-- "(1) cooperative effort and mutual assistance for the manage ment of solid waste or hazardous waste (or both) and the enforce ment of their respective lews relating thereto, and "(2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements or compacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unices it is agreed upon by aU parties to the agreement and until it has been approved by the Administrator and "AMUOATIOM or tor AMD UTTSORATION WITH OKBSE ACTS "Sec. 1006. (a) Aziuoumi or Act.--Nothing in this Act dull be construed to apply to (or to authorise any State, interstate, or local authority to regulate) any activity or substance which is subject to the Federal Water Pollution Control Act (33 U.S.C, 1151 and following), the Safe Drinking Water Act (48 UJ3.C. 300f and following), ti.e Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1401 and following), or the Atomic Energy Act of 1954 (42 U.S.C. 2011 and following) except to the extent that such application (or regulation) is not inconsistent with the requirements of such Acta. "(b) Imteobatiom With Othex Aon,--The Administrator shall integrate all provisions of this Act for purposes of administration and enforcement end shall avoid duplication, to the mavimnm extent prac ticable, with the appropriate provisions of the Clean Air Act (42 U.S.C. 1857 and following), the Federal Water Pollution Control Act (33 U.S.C. 1151 and following), the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 and following), the Safe Drinking Water Act (42 U.S.C. 300f and following), the Marine Protection, Research and Sanctuaries Act of 1972 (33 Uis.C. 1401 and following) and such other Acte of Congress as grant regulatory authority to the Administrator. Such integration shall be effected only to the extent that it can be done in a manner consistent with the goals and policies expressed in this Act and in the other acts referred to in this subsection. "TINANCLAL DiscmsuitE "Sec, 1007. (a) Statement.--Each officer or employee of the Admin istrator who-- "(1) performs any function or duty under this Act; and "(2) has any known financial interest in any person who applies for or receives finsneial assistance under this Act shall, beginning on February 1, 1977, annually file with the Admin istrator a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public. "(b) Action bt AdminureAio*.--The Administrator shall-- "(1) act within ninety days after the date of enactment of this Act-- "(A) to define the term `known financial interest' for pur poses of subsection (a) of this section; and "(B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provision for the filing by such officers and employees of such statements and the review by the Administrator of such statements; end "(2) report to the Congress on June 1, 1978, end of each suc ceeding calendar year with respect to such disclosures and the 12-17-76 Copyright Cl 1976 by The Bureau of National Affairs, Inc. 7 CCR 000041284 71:3104 FEDERAL LAWS actions taken in regard thereto during the preceding calendar year. '(c) Exemption.--In the rules prescribed under subsection (b) of this section, the Administrator may identify specific positions within the Environmental Protection Agency which are of a nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section. "(d) Penalty.--Any officer or employee who is subject to, and knowingly violates, this section shall oe fined not more than $2,500 or imprisoned not more than one year, or both. `solid WASTE MANAGEMENT INFORMATION and GUIDELINES "Sec. 1008. (a) Guidelines.--Within one year of enactment of this section, and from time to time thereafter, the Administrator shall, in cooperation with appropriate Federal, State, municipal, and intermunicipal agencies, and in consultation with other interested persons, and after public hearings, develop and publish suggested guidelines for solid waste management. Such suggested guidelines shall-- "(1) provide a technical and economic description of the level of performance that can be attained by various available solid waste management practices (including operating practices) which provide for the protection of public health and the environment; " (2) not later than two years after the enactment of this section, describe levels of performance, including appropriate methods and degrees of control, that provide at a minimum for (A) pro tection of public health and welfare; (B) protection of the qual ity of ground waters end surface waten from leachates; (C) protection of the quality of surface waters from runoff through compliance with effluent limitations under the Federal Wtter Pollution Control Act, as amended; (D) protection of ambient air quality through compliance with new source performance standards or requirements of air quality implementation plana under the Clean Air Act, as amended; (E) disease and vector control; (F) safety; and (G) esthetics; and "(3) provide minimum criteria to he used by the States to define those solid waste management practices which constitute the open dumping of solid waste or hazardous watte and are to ba prohibited under title IV of this Act. Where appropriate, such suggested guidelines also shall include mini mum information for use in deciding the adequate location, design, and construction of facilities associated with solid waste management practices, including the consideration of regional, geographic, demo graphic, and climatic factors. "(b) Notice.--The Administrator shall notify the Committee on Public Works of the Senate end the Committee on Interstate and Foreign Commerce of the House of Representatives a reasonable time before publishing any suggested guidelines, pursuant to this section of the content of such proposed suggested guidelines. "Subtitle B--Office of Solid Waste; Authorities of the Administrator "office or solid waste "Sec. 2001. The Administrator shall establish within the.Environ mental Protection Agency an Office of Solid Waste (hereinafter referred to as the `Office') to be headed by a Deputy Assistant Admin istrator ol the Environmental Protection Agency. The duties and responsibilities (other than duties and responsibilities relating to research and development) of the Administrator under this Act (as modified by applicable reorganization plans) shall be carried out through the Office. "authorities of administrator "Sec. 2002. (a) Authorities.--In carrying out this Act, the Admin istrator is authorized to-- "(1) prescribe, in consultation with Federal, State, and regional authorities, such regulations SR are necessary to carry out his functions under this Act; "(2) consult with or exchange information with other Federal agencies undertaking research, development, demonstration proj ects, studies, or investigations relating to solid waste; "(3) provide technical and financial assistance to States or regional agencies in the development and implementation of solid waste plans and hazardous waste management programs; "(4) consult with representatives of science, industry, agricul ture, labor, environmental protection and consumer organizations, and other groups, as he deems advisable; and "(5) utilize the information, facilities, personnel and other resources of Federal agencies, including the National Bureau of Standards and the National Bureau of the Census, on a reimburs able basis, to perform research and analyses and conduct studies and investigations related to resource recovery and conservation and to otherwise carry out the Administrator's functions under this Act. "(b) Revision or Regulations.--Eaah regulation promulgated under this Act shell be reviewed and, where necessary, reviaed not less frequently than every three years. "REZOCTICB RECOVERY AMD CONSERVATION FANE1S "Sec. 2003. The Administrator iliall provide teams of personnel, including Federal, State, and local employees or contractors (herein after referred to as `Resource Conservation and Recovery Panels') to provide States and local governments upon request with technical aseistance on solid watte management, resource recovery, and resource conservation. Such, teams shall include technical, marketing, financial, and institutional specialists, and the services at such teams shall be provided without charge to States or local governments. "OEANTS FOR DISCARDED TTRR DISPOSAL "Sxc. 2004. (a) Grants.--The Administrator shall make available ts equal to 5 percent of the purchase price of tire shredders Sluding portable shredders attached to tire collection trucks) to s eligible applicants best meeting criteria promulgated under Thin section. An eligible applicant may be any private purchaser, public body, or public-private joint venture. Criteria for receiving grants shall be promulgated under this section and shall include the policy to offer any private purchaserthe first option to receive a grant, the policy to develop widespread geographic distribution of tire shredding facil ities, tlie need for such facilities within s geographic area, and the projected risk and viability of any such venture. In the of an application under this section from a public body, the Administrator snail first make a determination that there are no private purchasers interested in making an application before approving a grant to a public body. "(b) Authorization.--There is authorized to be appropriated $790,000 for each of the fiscal years 1978 and 1979 to carry out this section. "annual report "Sec. 2005. The Administrator shall transmit to the Congress and the President, not later than ninety days after the end of each fiscal year, a comprehensive and detailed report bn all activities of the Office during the preceding fiscal year. Each such report shall include-- "(1) a statement of specific and detail objectives for the activi ties and programs conducted and assisted under this Act; "(2) statements of the Administrator's conclusions as to the effectiveness of such activities and programs in meeting the stated objectives and the purposes of this Act, measured through the end of such fiscal year; "(3) a summary of outstanding solid watte problems con fronting the Administrator, in order of priority; "(4) recommendations with respect to such legislation which the Administrator deems necessary or desirable to assist in solving problems respecting solid waste; "{*) all other information required to be submitted to the Con gress pursuant to any other provision of this Act; and "(6) the Administrators plans for activities and programs respecting solid waste during the next fiscal year. "grneral authorization "Sec. 2006. (a) General Administration.--There are authorized to be appropriated to the Administrator for the purpose of carrying out the provisions of this Act, $35,000,000 for the fiscal year ending September 30,1977, $38,000,000 for the fiscal year ending September 30, 1978, and $42,000,000 for the fiscal year ending September 30, 1979. "(b) Resource Recovery and Conservation Panels.--Not less than 20 percent of the amount appropriated under subsection (a) shall be used only for purposes of Resource Recovery and Conservation Panels established under section 2003 (including travel expenses incurred by such panels in carrying out their functions under this Act). "(e) Hazardous Waste.--Not leas than 30 percent of the amount appropriated under subsection (a) shall be used only for purposes of carrying out Subtitle C of this Act (relating to hazardous waste) other than section 3011. "Subtitle C--Hazardous Waste Management "identification and listing or hazardous waste "Sec. 3001. (a) Criteria ior Identification or Luting.--Not later than eighteen months after the date of the enactment of this Act, the Administrator shall, after notice and opportunity for public hearing, and after consultation with appropriate Federal and State agencies, develop and promulgate criteria for identifying the characteristics of hazardous waste, and for listing hazardous waste, which should be Environment Reporter 8 CCR 000041285 RESOURCE RECOVERY ACT S-329 71:3105 subject to the provisions of this subtitle, taking into account toxicity, persistence, and degradability in nature, potential for accumulation in tissue, and other related factors such as flammability, corrosiveness, and other hazardous characteristics. Such criteria shall be revised from time to time as may be appropriate. "(b) Identification and Listino.--Not later than eighteen months after the date of enactment of this section, and after notice and oppor tunity for public hearing, the Administrator shall promulgate regula tions identifying the characteristics of hazardous waste, and listing particular hazardous wastes (within the meaning of section 1004(5)), which shall be subject to the provisions of this subtitle. Such regula tions shall be based on the criteria promulgated under subsection (a) and shall be revised from time to time thereafter as may be appropriate. "(c) Petition by State Governor.--At any time after the date eighteen months after the enactment of this title, the Governor of any State may petition the Administrator to identify or list a material as a hazardous waste. The Administrator shall act upon such petition within ninety days following his receipt thereof and shall notify the Governor of such action. If the Administrator denies such petition because of financial considerations, in providing Buch notice to the Governor he shell include s statement concerning such considerations. "standards aitucable to oknekatobb or hazardous waste "Sec. 3002. Not later than eighteen months after the date of the enactment of this section, and after notice and opportunity for public hearings and after consultation with appropriate Federal and State agencies, the Administrator shall promulgate regulation establishing such standards, applicable to generators of hazardous waste identified or listed under this subtitle, as may be necessary to protect human health and the environment. Such standards shall establish require ments respecting-- " (l) recordkeeping practices that accurately identify the quan tities of such hazardous waste generated, the constituents thereof wliioh are significant in quantity or in potential harm to human health or the environment, and the disposition of such wastes; "(2) labeling practices for any containers used for the storage, transport, or disposal of such hazardous waste such as will identify accurately such waste; "(3) use of appropriate containers for such hazardous waste; "(4) furnishing of information on the general chemical compo sition of such hazardous waste to pursons transporting, treating, storing, nr disposing of such wastes; " (5) use of a manifest system to assure that all such hazardous waste generated is designated for treatment, storage, or disposal in treatment, storage, or disposal facilities (other than facilities on the [uemises where the waste is generated) for which a permit lms liecn issued os provided in this subtitle; and "(6) submission of reports to the Administrator (or the State agency in any case in which such agency carries out an authorized permit program pursuant to this subtitle at such times ss the Administrator (or the State agvney if appropriate) deems neces sary, setting out-- "(A) the quantities of hazardous waste identified or listed ' under this subtitle that he has generated during a particular time [leriod; and "(H) the disposition of all hazardous waste reported under subparagraph (A). "STANDARDS APPI.ICABLE TO TRANSPORTERS or HAZARDOUS WASTE "Sec, 3003. (a) Standards.--Not later than eighteen months after the. date of enactment of this section, and after opportunity for public hearings, tile Administrator, after consultation with the Secretary if Transportation and the States, shall promulgate regulations estab lishing sueli standards, applicable to transporters of hazardous waste ident ined or i isted under this subtitle, as may lie necessary to protect human health and the environment. Such standards shall include but need not be limited to requirements respecting-- "(1) recordkeeping concerning such hazardous waste trans ported. and their source and delivery points; "(2) transportation of such waste only if properly labeled; "(3) compliance with the manifest system referred to in sec tion 3002(3); and "(4) trunsjiortation of all such hazardous waste only to the hazardous waste treatment, storage, or dis[iosal facilities which the shi|i|ier designates on the manifest, form to be a facility holding n [iprmit issued under this subtitle. "(Ill <'iHisiiiNATioN With Ueoui-ationh or Secretary or Transpor tation.- In case of any hazardous waste identified or listed under this subtitle which is subject to the Hazardous Materials Transportation Act (SS Slat, gl.tfl; 49 U.S.C. 1801 and following), the regulations promulgated by the Administrator under this subtitle shall he con sistent with the requirements of such Act and the regulations there under. The Administrator is authorized to make recommendations to the Secretary of Transportation respecting the regulations of such hazardous waste under the Hazardous Materials Transportation Act and for addition of materials to be covered by such Act. "standards applicable to owners and operators of hazardous waste TREATMENT, STORAGE, AND DISPOSAL FACILITIES "Sec. 3004. Not later than eighteen months after the date of enact ment of this section, and sfter opportunity for public hearings end after consultation with appropriate Federal ana State agencies, the Administrator shell promulgate regulations establishing such per formance standards, applicable to owners end operators of facilities for the treatment, storage, or disposal of hazardous waste identified or listed under this subtitle, as may be necrosery to protect human health and the environment. Such standards shell include, but need not be limited to, requirements respecting-- "(1) maintaining records of all hazardous wastes identified or listed under this title which is treated, stored, or disposed of, as the case may be, and the manner in which such wastes were treated, stored, or disposed of; "(2) satisfactory reporting, monitoring, and inspection and compliance with the manifest system referred to in section 3002(9); "(3) treatment, storage, or disposal of all such waste received by the facility pursuant to such operating methods, techniques, and practices as may be satisfactory to the Administrator; "(4) the location, design, and construction of such hazardous waste treatment, disposal, or storage facilities; "(9) contingency plans for effective action to minimize unan ticipated damage from any treatment, storage, or disposal of any such hazardous waste; "(9) the maintenance of operation of such facilities and requir ing such additional qualifications as to ownership, continuity of operation, training for personnel, and financial responsibility as may be necessary or desirable; and "(7) compliance with the requirements of section 3009 respect ing permits for treatment, storage or disposal. No private entity shall be precluded by reason of criteria established under paragraph (6) from the ownetahip or operation of facilities providing hazardous waste treatment, storage, or disposal services where such entity can provide assurances of financial responsibility and continuity of operation consistent with the degree and duration of risks associated with the treatment, storage, or disposal of specified hazardous waste. "rzEMira for treatment, rtoeaoe, or diatoaal or hazardous waste "Sec. 3009. (s) Permit Requirements.--Not later than eighteen months after the date of the enactment of this section, the Adminis trator shall promulgate regulations requiring each person owning or operating a facility for the treatment, storage, or disposal of hazard ous waste identified or listed under this subtitle to have a permit issued pursuant to this section. Such regulations shall take effect on the date provided in section 3010 and upon and after such date the disposal of any such hazardous waste is prohibited except in accordance with such a permit. "(b) Requirements or Permit Afflication.--Each application for a permit under this section shall contain such information as may be required under regulations promulgated by the Administrator, including information respecting-- "(1) estimates with respect to the composition, quantities, and concentrations of any hazardous waste identified or listed under this subtitle, or combinations of any such hazardous waste end any other solid waste, proposed to be disposed of, treated, trans ported, or stored, and the time, frequency, or rate of which such waste is proposed to be disposed of, treated, transported, or stored; and "(2) the site at which such hazardous wests or the products of treatment of such hazardous waste will be disposed of, treated, transported to, or stored. "(c) Permit Issuance.--Upon s determination by the Administra tor (or a State, if applicable), of compliance by a facility for which a permit is applied for under this section with the requirements of this section and section 3004, the Administrator (or the State) shall issue a permit for such facilities. In the event permit applicants pro pose modifi -otion of their facilities, or in the event the Administrator (or the State) determines that modifications are necessary to conform to the requirements under this section and section 3004, the permit shall specify the time allowed to complete the modifications. "(d) Permit Revocation.--Upon s determination by the Adminis trator (or by a State, in the case of a State having an authorized hazardous waste program under section 3000) of noncompliance by a facility having a permit under this title with the requirements of this section or section 3004, the Administrator (or State, in the case of a State having an authorized hazardous waste program under sec tion 3006) shall revoke such permit. 12-17-76 Copyright 1976 by The Bureau of National Affairs, Inc. 9 CCR 000041286 71:3106 FEDERAL LAWS "(e) Interim Staton.--Any person who-- "(1) owns Or operate* a facility required to Have a permit under this section which facility is in existence on the date of enactment of this Act, "(2) has complied with the requirements of section 8010(a), and "(3) has made an application for a permit under this section shall be treated as having been issued such permit until such time ss final administrative disposition of such application is made, unless the Administrator or other plaintiff proves that final administrative disposition of such spplicstion hss not been mode becsuse of the failure of the applicant to furnish information reasonably required or requested in order to process the spplicstion. "aUTHONIZED STATE BtlUDOm WASTE nOOUlu "Sec. 3006. (a) Fedkeal Qummma.--Not later than eighteen months after the date of eaectment of this Act, the Administrator, after consultation with State authorities, shall promulgate guidelines to assist States in the development of State hazardous waste programs. "(b) Authorization or Stats Program.--Any State which seeks to administer and enforce a hazardous waste program pursuant to this subtitle may develop end, after notice and opportunity for public bearing, submit to the Administrator an application, in such form as he shall require, for authorization of such program. Within ninety days following submission of an application under this subsection, the Administrator shall issue a notice aa to whether or not he expects such program to be authorized, and within ninety days following such notice (and after opportunity for public hearing) he shall publish his findings ss to whether or not the conditions listed in items (1), (2), and (3) below have been met. Such State is authorized to carry out such program in lieu of the Federal program under this subtitle in such State and to issue and enforce permits for the storage, treatment, or disposal of hazardous waste unless, within ninety days following submission of the application the Administrator notifies such State that such program may not be authorized and, within ninety days following such notice and after opportunity for public hearing, he finds that (1) such Stato program is not equivalent to the Federal program under this subtitle, (2) such program is not consistent with the Federal or State programs applicable in other States, or (3) such program does not provide adequate enforcement of compliance with tbs requirements of this subtitle. "(c) Interim Authorization.--'Any State which hss in existence a hazardous waste program pursuant to Stato law before the date ninety days after the date required for promulgation of regulations under sections 3002, 3003, 3004, and 3006, submit to the Administrator evidence of such existing program and may request a temporary authorization to carry out such program under this subtitle. The Administrator shall, if the evidence submitted shows the existing State program to be substantially equivalent to the Federal program under this subtitle, grant an interim authorization to the State to carry out such program in lieu of the Federal program pursuant to this subtitle for a twenty-four month period beginning on the date six months after the date required for promulgation of regulations under sections 3002 through 3006. "(d) Effect or State Permit.--Any action taken by a State under a hazardous waste program authorized under this section shall have the same force and effect as action taken by the Administrator under thie subtitle. "(e) Withdrawal or Authorization.--Whenever the Admin istrator determines after public bearing that a State is not admin istering and enforcing a program authorized under this section in accordance with requirements of this section, he shall so notify the State and, if appropriate corrective action is not taken within s reasonable time, not to exceed ninety days, the Administrator shall withdraw authorization of such program and establish a Federal pro gram pursuant to this subtitle. The Administrator shall not withdraw authorization of any such program unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal. "iNerzcnoNB "Szc. 3007. (a) Access Entrt.--For purposes of developing or assisting in the development of any regulation or enforcing.the pro visions of this subtitle, any person who generates, stores, treats, trans ports, disposes of, or otherwise handles hazardous wastes shall, upon request or any officer or employee of the Environmental Protection Agency, duly designated by the Administrator, or upon request of any duly designated officer employee of a State having an authorized hazardous waste program, furnish or permit such person at all reason able times to have access to, and to copy all records relating to such wastes. For the purposes of developing or assisting in the development of sny regulation or enforcing the provisions of this title, such officers or employees are authorized-- "(1) to enter at reasonable times any establishment or other plan- maintained lay liny | eranti where hazardous wastes are ge*'cmli-d, stored, ttealed, or dtsjHiwd of; "(2) to inspect and obtain samples from any person of sny such wsstoe and samples of any containers or lahalin* for such wastes. Each such inspection shall be commenced and completed with reason able promptness- If the officer or employee obtains any samples, prior to leaving the premises, he shall give to ths owner, operator, or agent in charge a receipt describing the sample obtained and if requested a portion of each such sample equal in volume or weight to the portion retained. If any analysis la made of such samples, a copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge. "(b) AvajlaxuutttoPubzzc.--Any records, reports,or information obtained from any person under this section shall be Available to the public, except that upon a showing satisfactory to tbs Administrator (or the State, aa the case may be) Gy any person that records, reports, or information, or particular part thereof, to which the Administrator (or the State, as the case may be) hsa access underthis section if made public, would divulge information entitled to protection under section 1806 of title 18 of the United States Code, the Administrator (or the State, as ths case may be) shall consider such information or particular portion thereof confidential in accordance with the purpose* of that section, except that such record, report, document, or information may be disclosed to other officers, employees, or authorized representative* of the United States concerned with carrying out this Act, or when relevant in any proceeding under this Act. "FEDERAL enforcement "Sec. 3008. (s) Compliance Orders.--(1) Except ss provided in paragraph (2), whenever on the basis of any information the Administratordetermines that sny person is in violation of any require ment of this subtitle, the Administrator shall give notice to the violator of his failure to comply with such requirement. If such violation extends beyond the thirtieth day after the Administrator's notification, the Administrator may issue an order requiring compliance within a specified time period or the Administrator may commence a civil action in the United States district court in the district in which the violation occurred for appropriate relief, including a temporary or permanent injunction. "(2) In the ease of a violation of any requirement of this subtitle where such violation occurs in a State which is authorized to carry out a hazardous waste program under section 8006, the Administrator shall give notice to the State in which such violation has occurred thirty days prior to issuing an order or commencing a civil action under this section. "(3) If such violator fails to take corrective action within the time specified in the order, he shall be liable for a civil penalty of not more than $26,000 for each day of continued noncompliance and the Admin istrator may suspend or revoke any permit issued to the violator (whether issued by the Administrator or the State), "(b) Public Hearing.--Any order or any suspension or revocation of a permit shall become final unless, no later than thirty days after the order or notice of the suspension or revocation is served, the person or persons named therein request s public hearing. Upon such request the Administrator shall promptly conduct a public nearing. In con nection with any proceeding under this section the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, snd may promul gate rules for discovery procedures. "(c) Requirements or Compliance Orders.--Any order issued under this section shall state with reasonable specificity the nature of the violation and specify a time for compliance and assess a penalty, if any, which the Administrator determines is reasonable taking into account the seriousness of the violation and any good faith efforts to comply with the applicable requirements. "(d) Criminal Penaltt.--Any person who knowingly-- "(1) transports any hazardous waste listed under this subtitle to a facility which does not have a permit under section 3005 (or 3006 in the ease of s Stato program), "(2) disposes of any hazardous waste listed under this subtitle without having obtained a permit therefor undor this subtitle, "(3) makes any false statement or representation in any appli cation, label, manifest, record, report, permit or other document filed, maintained, or used for purposes of compliance with this subtitle. shall, upon conviction, be subject to a fine of not more than $25,000 for each day of violation, or to imprisonment not to exceed one year, or both. If the conviction is for a violation committed after a first con viction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprison ment for not more than two years, or by both. "retention or state authoritt "Sec. 3009, Upon the effective date of regulations under this subtitle no State or political subdivision may impose any requirements less st ringent Mian tlioan authorized under t his Hull it In res|>erting the sun* Environment Report*! 10 CCR 000041297 RESOURCE RECOVERY ACT matter as governed by such regulations, except that if application of a regulation with respect to any matter under this subtitle is postponed or enjoined by the action of any court, no State or political subdivision shall be prohibited from acting with respect to the same aspect of such matter until Buch time as such regulation takes effect. "interns DATE "Sec. 3010. (a) Pbeluonart Notification.--Not later than ninety days after promulgation or revision of regulations under section 3001 identifying by its characteristics or listing any substance as hazardous waste subject to this subtitle, any person generating or transporting such substance or owning or operating a facility for treatment, stor age, or disposal of such substance shall file with the Administrator (or with States having authorized hazardous waste permit programs under section 3008) a notification stating the location and general description of such activity and the identified or listed hazardous wastes handled by such person. Not more than one such notification shall he required to be filed with respect to the same substance. No identified or listed hazardous waste subject to this subtitle may be transported, treated, rioted, or disposed of unless notification has been given as requited under this subsection. "(b) Eftective Date or Regulation.--The regulations under this subtitle respecting requirements applicable to the generation, trans portation, treatment, storage, or disposal of hazardous waste (includ ing requirements respecting permits for such treatment, storage, or disposal) shall take effect op the date six months after the date of promulgation thereof (or six months after the date of revision in the case of any regulation which is revised after the date required for promulgation thereof), "authorization of ahsistancz to states Sec. 3011. (a) Authorization.--There is authorized to be appropri ated $25,000,000 for each of the fiscal years 1978 and 1979 to be used to make grants to the States for purposes of assisting the States in the development and implementation of authorized State hazardous waste programs, "(b) Allocation.--Amounts authorized to be appropriated under subsection (a) shall be allocated among the States on the basis of regulations promulgated by the Administrator, after consultation with the States, which take into account, the extent to which hazardous waste is generated, transported, treated, stored, end disposed of within such State, the extent of exposure of human beings and the environ ment within such State to such waste, and such other factors as the Administrator deems appropriate. "Subtitle D--State or Regional Solid Waste Plane "objectives of subtitle "Sec. 4001. The objectivee of this subtitle ate to assist in developing and encouraging methods for the dispoeai of solid waste which are environmentally sound and which maximize the utilization of valuable resources and to encourage resource conservation. Such-objectives are to be accomplished through Federal technical and financial assistance to States or regional authorities for comprehensive planning pursuant to Federal guidelines designed to foster cooperation among Federal, State, and local governments and private industry. "FEDERAL UUXDEUNEB FOB FLANS "Sec, 4002. (a) Guidelines fob Identification of Region8.--For purposes of encouraging and facilitating the development of regional planning for solid waste management, toe Administrator, within one hundred and eighty daya after the date of enactment of this section and after consultation with appropriate Federal, State, and local authorities, shall by regulation puoliah guidelines for the identification of those areas which have common solid waste management problems and are appropriate units for planning regional solid waste manage ment services. Such guidelines snail consider--' "(1) the size and location of areas which should be included, "(2) the volume of solid waste which should be included, and "(8) the available means of coordinating regional planning with other related regional planning and for coorainetion of such regional planning into the State plan. "(b) Guidelines fob Stain Plans.--Not later than eighteen months after the date of enactment of this section and after notice and hearing, the Administrator shall, after consultation with appropriate Federal, State, and local authorities, promulgate regulations containing guide lines to assist in the development and implementation of State solid waste management plena (hereinafter in this title referred to ss `State plans'). The guidelines shall contain methods for achieving toe objec tives specified in rection 4001. Such guidelines shall be reviewed from time to time, but not leas frequently than every three veers, end revised m may be appropriate. S-329 71:3107 "(c) Considerations fob State Plan Guidelines.--The guidelines promulgated under subsection (b) shall consider-- "(1) the varying regional, geologic, hydrologic, climatic, and other circumstances under which different solid waste practices are required in order to insure the reasonable protection of the quality of the ground and surface waten from leachate contamination, the reasonable protection of the quality of the surface waters from surface runoff contamination, and the reasonable protection of ambient air quality; " (2) characteristics and conditions of collection, storage, proc essing, and dispoeai operating methods, techniques and practices, and location of facilities where such operating methods, tech niques, and practices are conducted, taking into account the nature of the material to bedisposed; "(3) methods for closing or upgrading open dumps for pur poses of eliminating potential healthhazaras; "141 population density, distribution, and projected growth; "(5) geographic, geologic, climatic, and hydrologic character istics; "(SI the type and location of transportation; "(7) the profile of industries; "(8) the constituents and generation rates of waste; "(9) the political, economic, organizational, financial, and management problems affecting comprehensive solid waste management; "(10) types of resource recovery facilities and resource conser vation systems which ere appropriate; and "(11) available new aim additional markets for recovered material. "minimum requirements run aftwoval or i-lanr "Sec. 4003. In order to be approved under section 4007, each State plan must comply with the following minimum requirements-- "(1) The plan shall identify (in accordance with section 4008(b)) (A) the responsibilities of State, local, and regional authorities in the implementation of the State plan, (B) the dis tribution 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 section 4005(c), pro hibit the establishment of new mien dumps within the State, and oontain 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) dis posed of in sanitary landfills (within the meaning of section 4004(a)) or otherwise disposed of in an environmentally sound minner, "(S) The plan shall provide for the closing or upgrading of all Minting open dumps within the State pursuant to toe require ments of section 4005. "(4) The plan shall provide for the establishment of such State regulatory powers as may be neceesery to implement the plan. "(5) Tne plan shall provide that no local government within the State shall be prohibited tinder State or local law from enter ing into long-term contracts for the supply of solid waste to resource recovery facilities. "(8) 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 aa may be necessary to use or dispose of such waste in a manner that is environmentally sound. "UBIIEBA-FDR SANTTABT LANDFILLS; SANITAKT LANDFILLS REQUIRED FOB AIL DISPOSAL "Sec. 4004. (a) Criteria fob Sanitaei Landfills.--Not later than one year after the date of enactment of this section, after consultation with the States, and after notice and public bearings, the Administra tor shall promulgate regulations containing criteria for determining which facilities shall he classified as sanitary landfills and which ahall be classified as open dumps within the meaning of this Act. At a minimum, such criteria shall provide that a facility may be classified ss a sanitary landfill and not an open dump only ifthere is no reason able probability of adverse effects on health or the environment from disposal of solid waste at such facility. Such regulations may provide for the classification of the types of sanitary landfills. "(b) Disposal Required To Be in Sanitabt Landfius, Etc.--For purposes of complying with section 4003(2) each State plan shall prohibit the establishment of open dumps and oontain a requirement that dispoeai of all solid waste within the State shell be in compliance with such section 4003(2). "(c) EvrBCTiva Date.--The prohibition contained in subsection (b) shall taka effect on the date six months after the date of promulgation of regulations under subsection (s) or on the date of approval of the State plan, whichever is later. 12-17-76 Copyright C 1976 by The Bureau of National Affairs, Inc CQfo 0041288 11 71:3108 "BFORADINO or OnSN DUMPS "Sec. 4005. (a) Open Dumps.--For purposes of this Act, the term `open dump' means any facility or site where solid waste is disposed of which is not a sanitary landfill which meets the criteria promul- fsted under section 4004 and which is not a facility for disposal of ftzArdous "(b) Inventory.--Not later than one year after promulgation of regulations under section 4004, the Administrator, with the coopera tion of the Bureau of the Census shall publish an inventory of all dis posal facilities or sites in the United States which are open dumps within the meaning of this Act. "(c) Clooino on Ufgradino op Edbtino Open Dumps.--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. For purposes of complying with section 4003(2). 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) 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 con sidered 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 dump ing of solid waste within a reasonable time (not to exceed 5 years from the date of publication of the inventory under subsection (b) ). "procedure for development and implementation op state plan "Sec. 4006. (a) Identification op Regions.--Within one hundred and eighty days after publication of guidelines under section 4002(a) (relating to identification of regions), the Governor of each State, after consultation with local elected officials, shall promulgate regulations based on such guidelines identifying the boundaries of each area within the State which, as a result of urban concentrations, geographic con ditions, markets, and other factors, is appropriate for carrying out regional solid waste management Such regulations may be modified from time to time (identifying additional or different regions) pur suant to such guidelines. "(b) Identification of State and Local Agencies and Responsi bilities.--(1)Within one hundred and eighty days after the Governor promulgates regulations under subsection (a), for purposes of facili tating the development and implementation of a State plan which will meet the minimum requirements of section 4003, the State, together with appropriate elected officials of general purpose units of local gov ernment, shall jointly (A) identify an agency to develop the State plan and identify one or more agencies to implement such plan, and (B) identify which solid waste functions will, under such State plan, be planned for and carried out by the State and which such functions 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 mem bers of which are appointed by the Governor) is in existence on the date of enactment of this Act, the Governor shall identify such author ity for purposes of carrying out within such region clause (A) of this paragraph. Where feasible, designation of the agency for the affected area designated under section 208 of the Federal Water Pollution Control Act (86 Stat. 839) shall be considered. A State agency identi fied under this paragraph shall be established or designated by the Governor of such State. Local or regional agencies identified under this paragraph shall be composed of individuals at least a majority of whom are elected local officials, "(2) If planning and implementation agencies are not identified and designated or established as required under paragraph (1) for any affected area, the governor shall, before the date twohundred and sev enty days after promulgation of regulations under subsection (a), establish or designate a State agency to develop and implement the State plan for such area. "(c) Interstate Regions.--(1) In the case of any region which, pursuant to the guidelines published by the Administrator under sec tion 4002(a) (relating to identification of regions), would he located in two or more. States, the Governors of the respective States, after consultation with local elected officials, shall consult, cooperate, and enter into agreements identifying the boundaries of such region pur suant to mi Insect ion (a). "(2) Within one hundred and eighty days after an interstate region is identified by agreement under paragraph (1), appropriate elected officials of general purpose units of local government within such region shall jointly establish or designate an agency to develop a plan FEDERAL LAWS for such region. If no such irenoy is este' ,iahed or designated within such period by such officials, the Governors of the respective State* may, by agreement, establish or designate for such purpose a single representative organization including elected officials of general pur pose units of localgovemment 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 snoh unit, agency, or authority is so designated, the respective Governors shall design ste or establish a single interstate agency to implement such plan. "(4) For purposes of this subtitle, so much of an interstate regional plan as is carried out within a particular State shall be deemed part of the State plan for such State. "afproval of state flan; federal assistance "Sec. 4007. (a) Plan Approval--The Administrator shall, within six months after a State plan has been submitted tor 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 4003; and "(2) it contains provision tor revision of such plan, after notice and public hearing, whenever the Administrator, by regulation, determines-- "(A) that revised regulations respecting minimum require ments have been promulgated under paragraphs (1), (2) , (3), and (5) of section 4003 with which the State plan is not in compliance; "(B) that information has become available which demon strates the inadequacy of the plan to effectuate the purposes Of this subtitle: or "(C) that such revision is otherwise necessary. The Administrator shall review approved plans from time to time and if he determines that revision or corrections are necessary to bring t>uch plan into compliance with the minimum requirements promul gated under section 4003 (including new or revised requirements), he shall, after notice and opportunity tor public hearing, withdraw his approval of sucli plan. Such withdrawal of approval shall cease to be effective upon the Administrator's determination that such complies with such minimum requirements. "(b) Euoibimtt of States for Federal Financial Assistance.-- (1) The Administrator shall approve a State application for financial assistance under this subtitle, and make grants to such State, if such State and local and regional authorities within such State have com plied with the requirements of section 4006 within the period required under such section and if such State has a State plan which has been approved by the Administrator under this subtitle. "(2) The Administrator shall approve a State application tor financial assistance under this subtitle, 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) and is being implemented by the State. "(3) Upon withdrawal of approval of a State plan under subsection (a), the Administrator shall withhold Federal Anancial and technical assistance under this subtitle (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. "(C) Existing Activities.--Nothing in this subtitle shall be con strued to prevent or aifect any activities respecting solid waste plan ning 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 subtitle. "FEDERAL ASSISTANCE "Sec. 4008. (a) Authorization of Federal Financial Assist ance.--(1) There are authorized to be appropriated $30,000,000 for fiscal year 1978 and $40,000,000 for fiscal year 1979 tor purposes of making grants to the States for the development and implementation of State plans under this subtitle. "(2) (A) The Administrator is authorized to provide financial assistance to States, counties, municipalities, and intermunicipal agen cies and State and local public solid waBte management authorities for implementation of programs to provide solid waste management, resource recovery, and resource conservation services and hazardous waste management. Such assistance shall include assistance for facility planning and feasibility studies; expert consultation; surveys and analyses of market needs; marketing of recovered resources; tech nology assessments; legal expenses; construction feasibility studies; source separation projects; and fiscal or economic investigations or studies; but such assistance shall not include any other element of con- Environment Reporter 12 CCR 000041289 e RESOURCE RECOVERY ACT S-329 71:3109 struction, or any acquisition of land or interest in land, or any subsidy for the price of reoovered resources. Agencies assisted under this sub section shall consider existing solid waste management and hazardous waste management services and facilities as well as facilities proposed for construction. "(B) An applicant for financial assistance under this paragraph must agree to comply with respect to the project or program assisted with the applicable requirements of section 4005 and Subtitle C of this Act and apply applicable solid waste management practices, methods, and levels of control consistent with any guidelines published pur suant to section 1008 of this Act. Assistance under this paragraph shall be available only for programs certified by the State to be consistent with any applicable State or areawide solid waste management plan or program. "(C) There are authorised to be appropriated $15,000,000 for each of the fiscal years 1978 and 1979 for purposes of this section. " (b) State Allotment.--The sums appropriated in any fiscal year under subsection (a) (1) shall be allotted by the Administrator among all States, in the ratio that the population in each State bears to the population in all of the States, except that no State shall receive lees than one-half of 1 per centum of the sums so allotted in any fiscal year, No State shall receive any grant under this section during any fiscal year when its expenditures of non-Federal funds for other than non recurrent expenditures for solid waste management control programs will be less than its expenditures were for such programs during fiscal year 1975, except that such funds may be reduced by an amount equal to their proportionate share of any general reduction of State spend ing ordered by the Governor or legislature of such State. No State shall receive any grant for solid waste management programs unless the Administrator is satisfied that such grant will be so used as to supplement and, to the extent practicable, increase the level of State, local, regional, or other non-Federal funds that would in. the absence of such grant be made available for the maintenance of suchprograms. "(c) Distrisotion or Federal Financial Assistance Within the State.--The Federal assistance allotted to the States under subsection (b) shall be allocated by the State receiving such funds to State, local, regional, and interstate authorities carrying out planning and imple mentation of the State plan. Such allocation shall be based upon the responsibilities of the respective parties as determined pursuant to section 4008(b). "(d) Technical Assistance.--The Administrator may provide technical assistance to State and local governments for purposes of developing and implementing Stats plans. Technical aeeistance respecting resource recovery and conservation may be provided through resource recovery ana conservation panels, established in the Environmental Protection Agency under subtitle B, to assist the State and local governments with respect to particular resource recovery and conservation projects under consideration and to evaluate their effect on the Stateplan. "(e) Special Communities.--(1) The Administrator, in coopera tion with State and local officials, shall identify communities within the United States (A) having a population of less than twenty-five thousand persons, (B) having solid waste disposal facilities in which more than 75 per centum of the solid waste disposal of is from areas outside the jurisdiction of the communities, and (C) which have seri ous environmental problems resulting from the disposal of such solid waste. "(2) There is authorized to be appropriated to the Administrator $2,500,000 for each of the fiscal years 1978 and 1979 to moke grants to be used for the conversion, improvement, or consolidation of exist ing solid waste disposal facilities, or for the construction of new solid waste disposal facilities, or for both, within communities identified under 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. "(3) Grants under this subsection shall be made only to projects which the Administrator determines will be consistent with an appli cable State plan approved under this subtitle and which will assist in carrying out such plan. "rural communities assistance "Sec. 4009. (a) In General.--The Administrator shall make grants to States to provide assistance to municipalities with s population of five thousand or less, or counties with a population of ten thousand or Iras 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 4005 of this Act or restrictions on open burning or other requirements arising under the Clean Air Act or the Federal Water Pollution Control Act. Such assistance shall only be available-- "(1) to any municipality or county which could not feasibly be included in s solid waste management system or facility serving an urbanised, multijurisdictional area because of its distance from such systems: "(2) where existing or planned solid waste management serv ices or facilities are unavailable or insufficient to comply with the requirements of section 4005 of this Act; and ' "(8) for systems which are certified by the State to be con sistent with any plans or programs established under any State or areawide planning process. "(b) Allotment.--The Administrator shall allot the sums appro priated to carry out this section in any fiscal year among the States ra 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 Stats 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 83 per centum or more of all families with incomes not in excen of125 per centum of the pov erty level bears to the total population of such counties in all the States. "(c) Limit.--The amount of any grant under this section shall not exceed 75 per centum of the costs of the project. No assistance under this section shall be available tor the acquimthm of land or interests in land. "(d) Appropriations.--There are authorized to be appropriated $25,000,000 for each of the fiscal yean 1978 and 1979 to carry out this Section. "Subtitle E--Duties of the Secretary of Commerce in Resource and Recovery "functions "Sec. 5001. The Secretary of Commerce shall encourage greater commercialization of proven resource recovery technology by pro viding-- "(1) accurate specifications for recovered materials; "(2) stimulation of development of markets for recovered materials; "(3) promotion of proven technology; and "(4) a forum for the exchange of technical and economic data relating to resource recovery facilities. "development or specifications rat ieoondari materials "Sec. 5002. The Secretary of Commerce, acting through the National Bureau of Standards, and in conjunction with national standaids-setting organizations in resource recovery, shall, after publio hearings, and not later than two years after the date of the enactment of this Act, publish guidelines for the development of specifications for ths classification of materials recovered from waste which were destined for disposal. The specifications shall pertain to the physical and chemical properties and characteristics of such mate rials with regard to their use in replacing virgin materials in various industrial, commercial, and governmental uses. In establishing such guidelines the Secretary shall also, to the extent feasible, provide such information aa may be necessary to assist Federal agencies with pro curement of items containing recovered materials. The Secretary shall continue to cooperate with national standards-setting organizations, as may be necessary, to encourage the publication, promulgation and updating of standards for recovered materials and for the use of recovered materials in various industrial, commercial, and govern mental uses. "development op markets for recovered materials "Sec, 5003. The Secretary of Commerce shall within two yean after the enactment of this Act take such actions as may be necessary to^-- _ "(1) identify the geographical location of existing or poten tial 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. "technology feomotion "Sec. 5004. The Secretary of Commerce is authorized to evaluate the commercial feasibility of resource recovery facilities and to pub lish the results of such eveluation, and to develop a data base for purposes of assisting persons in choosing such a system. "Subtitle F--Federal Responsibilities "application OP FEDERAL, state, and local law to FEDERAL FACILITIES "Sec. $001. Esch department, agency, and instrumentality of the executive, legislative, end judicial Drenches of the Federal Govern- 12*17-76 Copyright 1976 by The Bureau of Notional Affairs, Inc. ecu 13 00*1290 71:3110 FEDERAL LAWS meat (1) having jurisdiction over any solid wests management facility or disposal site, or (2) engaged in toy activity resulting, or which may result, in the disposal 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 in the same manner, and to the same extent, ss any person is subject to such requirements, including the payment of reasonable service charges, Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court with respect to the enforcement of any such injunctive relief. The President may exempt any solid 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 no. No such exemption shall fae granted due to lack of appropriation unless the President shall have specifically requested such appropriation ss 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 Congresa all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting each such exemption. "IIDEEAL PXOCUEXMXNT "See. 6002. (a) Application or Section.--Except os provided in subsection (b), s procuring agency shall comply with the require ments set forth in this section and any regulations issued under this section, with respect to any purchase or acquisition of ft 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 6001 (ss promulgated before the date of enactment of this section under comparable provisions of prior law) ""hall not be subject to the requirements of this section to the extent 1st such requirements are inconsistent with such regulations. '"(c) Requirements.--(1) (A) After two yean after the date of enactment of this section, each procuring agency shall procure items composed of the highest percentage of recovered-materials practicable consistent with maintaining a satisfactory level of competition. The decision not to procure such items shall be based on s determination that such procurement items-- "(i) are not reasonably available within a reasonable period of time; "(ii) fail to meet the performance standards set forth in the applicable specifications or fail to meet the reasonable perform ance standards of the procuring agencies; or "(iii) are only available at an unreasonable price. Any deter mination under clause (ii) shall be made on the basis of the guidelines of the Bureau of Standards in any case in which such material is covered by such guidelines. "(B) Agencies that generate heat, mechanical, or electrical energy from fossil fuel in systems that have the technical capability of using recovered material and recovered-materiml-deriyed fuel as a primary or supplementary fuel shall use such capability to the maximum extent practicable. "(C) Contracting officers shall require that vendors certify the percentage of the total material utilized for the performance of the contract which is recovered materials. "(d) SrzcinCATioNS.--(1) All Federal agencies that have the responsibility for drafting or reviewing specifications for procure ment item procured by Federal agencies shall, in reviewing those specifications, ascertain whether such specifications violate the pro hibitions contained in subparagraphs (A) through (C) of paragraph (X). Such review shall be undertaken not later than eighteen months after the date of enactment of this section. "(2) In drafting or revising such specifications, after the date of enactment of this section-- " (A) any exclusion of recovered materials shall be eliminated ; "(B) such specification shall not require the item to be manu factured from virgin materials; and "(C) such specifications Bhall require reclaimed materials to the maximum extent possible without jeopardizing the intended end use of the item. meli)nisGturaidtoerlionfesG.--enTehrael Administrator, after consultation with the Services, the Secretary of Commerce (act- rough the Bureau of Standards), and the Public Printer, shall prepare, and from time to revise. ^ Adelines for the use of procuring agencies in complying with the requirements of this section. Such guidelines shall set forth recommended practices with respect to the procurement of recovered materials and items containing such materials and shall provide information as to the availability, sources of supply, and potential uses of such materials end items. "(f) Procurement or Services.--A procuring agency shall, to the maximum extent practicable, manage or arrange for the procurement of solid waste management services in manner which maximises energy and resource recovery. "(g) Executive Omct--The Office of Procurement Policy in the Executive Office of the President, in cooperation with the Admin istrator, shall implement the policy expressed in this section. It shell 1m the responsibility of the Office of Procurement Policy to coordinate this policy with other policies for Federal procurement, in such s way as to maximize the use of recovered resources, and to annually report to the Congress on actions taken by Federal agencies and the progress made in the implementation of such policy. "COOPERATION WITS ENVJEONXRMTAL PROTECTION AGONCr "Sec. 600$. All Federal agencies having functions relating to solid waste or hazardous waste shall cooperate to the maximum extent permitted by law with the Administrator in carrying out his func tions under this Act and shall make all appropriate information, facilities, personnel, and other resources available, on a reimbursable basis, to the Administrator upon his request. "inucunm or solid waste disposal guidelines to executive AGENCIES "Sna 6004. (a) Compliance.--(1) If-- "(A) an Executive agency (os defined in section 10S of title 6, United States Code) ass jurisdiction over any real property or facility the operation or administration of which involves such agency in solid waste disposal activities, or "(U) 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 disposal activities, then such agency shall insure compliance with the guidelines recom mended under section 1008 and the purposes of this Act in the opera tion or administration of such property or facility, or the performance of such contract, as the case may fae. "(2) Each Executive agency which conducts any activity-- "(A) which generates solid waste, end "(B) which, if conducted by a person other than such agency, would require a permit or license from each agency in order to dispose of such solid waste, shall insure compliance with such guidelines and the purposes of (! Act In conducting such activity. "(8) Each Executive agency which permits the use of Federal property for purposes of disposal of solid waste shall insure com pliance with such guidelines and the purposes of this Act in the disposal of such waste. "(4) The President shall prescribe regulations to cany out this subsection. "(b) Licenses and Permits.--Each Executive agency which ieaues any license or permit for dispqeal of solid waste Bhall, prior to the issuance of such license or permit, consult with the Secretary to insure compliance with guidelines recommended under section 1008 and the purposes of this Act. "Subtitle G--Miscellaneous Provisions "employee protection "Sec. 7001. (a) General.--No person shall fire, or in any other way discriminate against, or cause to be fired or discriminated against, any employee or any authorized representative of employees by reason of the fact that such employee or representative has filed, instituted, or caused to be filed or instituted any proceeding under this Act or under any applicable implementation plan, or has testified or is shout to testify in any proceeding resulting from the administration or enforcement of the provisions of this Act or of any applicable implementation plan. "(b) Remedy.--Any employee or a representative of employees who lielieve* that lie has been fired or otherwise discriminated against by any petson 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 respond ent. Upon receipt of such application, the Secretary of Labor shall cause such investigation to be made as he deems appropriate. Such investigation shall provide an opportunity for a public hearing at the request of any party to such review to enable the parties to present Environment Reporter 000*i^J RESOURCE RECOVERY ACT S-329 71:3111 information relating to such alleged violation. The parties shall be fiven written notice of the time and place of the hearing at least live ays prior to the hearing. Any such hearing shall be of record and shrill be subject to section 554 of title 5 of the United States Code. 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, requir ing the party committing such violation to take such affirmative action to abate the violation os 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 Libftr under this subparagraph shall be subject to judicial review in the same manner as orders and decisions of the Administrator or subject to judicial review under this Act. "(c) Costs.--Whenever an order is issued under this section to abate such violation, at the request of the applicant, a sum equal to the aggregate amount of all costs and expenses (including the attorney's fees) as determined by the Secretary of Labor, to have been reasonably incurred by the applicant for, or in connection with, the institution ana prosecution of such proceedings, shall be assessed against the person committing such violstion. "(d) Exception.--This section shall have no application to any employee who. acting without direction from his employer (or his agent) deliberately violates any requirement of this Act. "(e) Employment Shipts and Loss.--The Administrator shall conduct continuing evaluations of potential loss or shifts of employ ment which may result from the administration or enforcement of the provisions of this Act snd spplicsble implementation plana, including, where appropriate, investigating threatened plant closures or reductions in employment allegedly resulting from Buch adminis tration or enforcement. Any employee who is discharged, or laid off, threatened with discharge or layoff, or otherwise discriminated against by any person because of the alleged results of such administration or enforcement, or any representative of such employee, may request the Administrator to conduct a full investigation of the matter. The Administrator shall thereupon investigate the matter and, at the request of any party, shall hold public hearings on not less than five days' notice, and shall at such hearings require the parties, including the employer involved, to present information relating to the actual or potential effect of such administration or enforcement on employ ment and on any alleged discharge, layoff, or other discrimination and the detailed reasons or justification therefor. Any such healing shall be of record end shall be subject to section 554 of title 5 of the United States Code. Upon receiving the report of such investigation, ths Administrator shall make findings of fact as to the effect of such administration or enforcement on employment end on the alleged discharge, layoff, or discrimination and shall make such recommenda tions os he deems appropriate. Such report, findings, and recommen dations shall be available to the public. Nothing in this subsection shall be construed to require or authorise the Administrator or any State to modify or withdraw any standard, limitation, or any other requirement of this Act or any applicable implementation plan. "emits suits "Sec. 7002. (a) In General.--Except os provided in subsection (b) or (c) of this section, any person may commence e civil action on his own behalf-- "(1) against any person (including (a) the United States, and (b) any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any permit, standard, regula tion, condition, requirement, or order which has become effective pursuant to this Act; or "(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this Act which is not discretionary with the Administrator. Any action under paragraph (a)(1) 6f this subsection shall be brought in the district court for the district in which the alleged violation occurred. Any action brought under paragraph (a)(2) of this subsection may be brought in the district court for the district in which the alleged violation occurred or in the District Court of the District of Columbia. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such regulation or order, or to order the Adminis trator to perform such act or duty as the cose may be. "(b) Actions Prohibited.--No action may be commenced under paragraph (a) (1) of this section-- "(1) prior to sixty days after the plaintiff has given notice of the violation (A) to the Administrator; (B) to the State in which the alleged violation occurs; and (C) to any. alleged violator of such permit, standard, regulation, condition, requirement, or order; or " (3) if the Administrator or State has commenced and is dili gently prosecuting a civil or criminal action in a court of the United States or a State to require compliance with such permit, standard, regulation, condition, requirement, or order: Provided, however. Hut in any each action in a court of the United States, any person may intervene as a matter of right. "(c) Notice,--No action may be commenced under paragraph (a) (2) of this section prior to sixty days after the plaintiff has given notice to the Administrator that he will commence such action, except that such action may be brought immediately after such notification in the case of an action under this section respecting a violation of section 212 of this Act. Notice under this subsection shall be given in such manner as the Administrator shall prescribe by regulation. Any action respecting a violation under this Act may be brought under this section only in the judicial district in which such alleged violation occurs. "(d) Intervention.--In any action under this section the Adminis trator, if not a party, may intervene ss a matter of right. "(e) Costs.--The court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (includ ing reasonable attorney and expert witness fees) to any party, when ever the court determines such an award is appropriate. Tnecouit may, if a temporary restraining order or preliminary injunction is sought; requiring the filing of a bond or equivalent security in accord ance with the Federal Rules of Civil Procedure. "(f) Other Rights Peebeeved.--Nothing in this section shall restrict any right which any person (or close 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 Adminis trator or e State agency). "imminent hazard "Seo. 7008. Notwithstanding any other provision of this Act, upon receipt of evidence that the handling, storage, treatment, transporta tion or disposal of any solid waste or hazardous waste is presenting an imminent end substantial endangerment to health or the environ ment, the Administrator may bring suit on behalf of the United States in the appropriate district court to immediately restrain any person for contributing to the alleged disposal to stop such handling, storage, treatment, transportation, or disposal or to take such other action as may be necessary. The Administrator shall provide notice to the affected State of any such suit. "mrnoN toe regulations; eublio FAsncrrAnoN "Seo. 7004. (a) Petition.--Any person may petition the Adminis trator for the promulgation, amendment, or repeal of any regulation under this Act. Within e 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 ths Federal Reg ister, together with the reasons therefor. "(h) Public Particd-atiON.--Public participation in the develop ment, revision, implementation, and enforcement of any regulation, guideline, information, or program under this Act shall be provided for, encouraged, and assisted by the Administrator and the States. The Administrator, in cooperation with the States, shall develop and publish minimum guidelines for public participation in such processes. "setarabiutt "Sec. 7005. If any provision of this Act, or the application of any provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shell not 1m effected thereby. "judicial review "Sec. 7008. Any judicial review of final regulations promulgated pursuant to this Act shall be in accordance with sections 701 through 708 of title 5 of the United States Code, except that-- "(I) a petition for review of action of the Administrator in promulgating any regulation, or requirement under this Act may be filed only in the United States Court of Appeals for the District of Columbia. Any such petition shall be filed within ninety days from the date of such promulgation, or after such date if such petition 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 e determination under this Act required to be mode on the record after notice end opportunity for hearing, if a party seeking review under this Act applies to the. court for leave to adduce additional evidence, and shows to the satis faction of the court that the information is material and that there were reasonable grounds for ths failure to adduce such evidence in the proceeding before the Administrator, the court 12-17-76 Copyright S 1976 by The Bureau of Notional Affairs, Inc. 16 CCR 000041292 71:3112 FEDERAL LAWS may order such'additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, and to be adduced upon the hearing in such manner and upon such terms and condi tions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file with the court such modified or new findings and hiB recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence. "quants or contracts tor traixino ntoxsare "Sic. 7007. (r) Genkrai. Authority.--The Adminietrator is authorized to make grants to, and contracts with any eligible organi zation. For purposes of this section the term "eligible organization" means a State or interstate agency, a municipality, educational institu tion, and any other organization which is capable of effectively carry ing out a project which may be funded by grant under subjection (b) of this section. "(b) Pubtoser.--(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 per sons for occupations involving the management, supervision, design, operation, or maintenance of solid wests disposal and resources recovery equipment end facilities; or "(B) to train instructors and supervisory personnel to train or supervise persons in occupations involving the design, opera tion, and maintenance of solid waste disposal end resource recov ery 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 reporta (ana access to such reports and to other records) as required by section 207(b) (4) and (5) (as in effect before the date of the enactment of Resource Con servation and Recovery Act of 1976) with respect to applications made under such section (as in effect before the date of the enactment of Resource Conservation and Recovery Actof 1976). "(c) Study.--The Administrator shall make a complete investigaion and study to determine-- (1 "(1) the need for additional trained State and local personnel f to carry out plans assisted under this Act and other solid waste and resource recovery programs; "(2) means of using existing training programs to train such personnel; and "(3) the extent and nature of obstacles to employment and occupational advancement in the solid waste disposal and resource recovery field which may limit either available manpower or the advancement of personnel in such field. He shall report the results of such investigation and study, including his recommendations to the President and the Congress. "payments "Sec. 7008. (a) General Rule.--Payments of grants under this Act may be made (after necessary adjustment on account of previously made underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions as the Administrator may determine. "(b) Prohibition,--No grant may be made under this Act to any private profitmaking organization. "labor standards "Sec. 7009. No grant for a project of construction under this Act shall be made unless the Secretary finds that the application contains or is supported by reasonable assurance that all laborers and mechanics employed by contractors or subcontractors on projects of the type covered by the Davis-Bacon Act, as amended (40 U.S.C, 276a--276a-5), will be paid wages at rates not less than those pre vailing on similar work m the locality as determined by the Secretary of Labor in accordance with that Act; and the Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Num bered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-5) and section 2 of the Act of June 13, 1934, as amended (40 U-S.O. 276c). "Subtitle H--Research, Development, Demonstration, and Information 'SEARCH, DEMONSTRATIONS, TRAINING, AND OTHER ACTIVITIES & i. WS1I. (a) General Authority.--The Administrator, alone or anisnltulioii with the Administrator of the Federal Knorgy Administration, the Administrator of 11m Energy Research and Development Administration, or the Chairman of the Federal Power Commission, shall conduct, and encourage, cooperate with, and render financial and other assistance to appropriate public (whether Federal, State, interstate, or local) authorities, agencies, and institutions, private agencies and institutions, and individuals in the conduct of, and promote the coordination of, research, investigations, experi ments, training, demonstrations, surveys, public education programs, and studies relating to-- "(1) any adverse health and welfare effects of the release into the environment of material present in solid wests, and methods to eliminate such effects; "(2) toe operation and financing of solid waste disposal programs; "(3) the planning, implementation, and operation of resource recovery ana resource conservation systems and hazardous waste management systems, including the marketing of recovered resource*; "(4) toe production of usable forms of recovered resources, including fuel, from solid waste; "(6) toe 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 end low technology solid waste management systems, including but not limited to, resource recovery source reparation 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 wests management, including methods of rendering such waste environmentally safe; and "(18) 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 disposal or energy recovery. "(b) Management Program.--(1)(A) In carrying out his func tions pursuant to this Act, and any other Federal legislation respecting solid waste or discarded material research, development, and demon strations, the Administrator shall establish a management program or system to insure the coordination of all such activities and to facilitate and accelerate the process of development of sound new technology (or other discoveries) from the research phase, through development, and into the demonstration phase. "(B) The Administrator shall (i) assist, on the basis of any research projects which are developed with assistance under tills Act or without Federal assistance, the construction of pilot plant facilities for the purpose of investigating or testing the technological feasibility of any promising new fuel, energy, or resource recovery or resource conservation method or technology; ami (ii) demonstrate each such method and technology that appears justified hy an evaluation at such pilot plant stage or at a pilot plant stage developed without Federal assistance. Each such demonstration shall incorporate new or innova tive technical advances or shall apply such advances to different circumstances and conditions, for the purpose of evaluating design concepts or to test the performance, efficiency, and economic feasibility of a particular method or technology under actual operating condi tions. Each such demonstration shallbe so planned and designed that, if successful, it can be expanded or utilized directly ns a full-scale operational fuel, energy, or resource recovery or resource conservation facility. "(2) Any energy-related research, development, or demonstration project for the conversion including bioconversion, of solid waste car ried out by the Environmental Protection Agency or by the Energy Research and Development Administration pursuant to this or any other Act shall be administered in accords nee with the May 7, 1976, Interagency Agreement lietwcen the Environmental Protection Agency and the Energy Research anil Development Administration mi the Development of Energy from Solid Wastes and specifically, that in accordiiiiee with this agreement, (A) for those energy-related Environment Reporter 16 CCft 000042293 RESOURCE RECOVERY ACT S-329 71:3113 projtx-ta of mutual intermit, planning will I* conducted jointly liy the Environmental Protection Agency and the Energy Research and Development Adminittration, following which project responsibility will be assigned to one agency; (B) energy-related portions of proj ects for recovery of synthetic fuels or other forms of energy from solid waste shut be the responsibility of the Energy Research and Development Administration; (C) the Environmental Protection Agency shall retain responsibility for the environmental, economic, and institutional aspects of solid waste projects snd for assurance that such projects are consistent with any applicable suggested guidelines published pursuant to section 1008, and any applicable State or regional solid waste management plan; and (D) any activities under taken under provisions of sections .8002 and 8008 aa related to energy; as related to energy or synthetic fuels recovery from waste; or as related to energy conservation shall be accomplished through coordina tion and consultation with the Energy Research snd Development Administration. "(c) Auriionmxs.--(1) In carrying out subsection (s) of this sec tion respecting solid waste research, studies, development, and demon stration, except as otherwise specifically provided in section 8004(d), the Administrator may make grants to or enter into contracts (includ ing contracts for construction) with, public agencies and authorities or private persons. "(2) Contracts for research, development, or demonstrations or for both (including contracts for construction) shall be made in accord ance with and subject to the limitations provided with respect to research contracts or the military departments in title 10, United States Code, section 2368, except that the determination, approval, and cer tification required thereby shall be made by the Administrator. "(8) Any invention made or conceived in the course of, or under, any contract under this Act shall be subject to section 2 of the Federal Nonnuclear Energy Research and Development Act of 1974 to the same extent and in the same manner as inventions made or conceived in the course of contracts under such Act, except that in applying such section, the Environmental Protection Agem^ shall be substituted for the Energy Research and Development Administration and the words `solid waste' shall be substituted for the word `energy' where appropriate. "(4) For carrying out the purpose of this Act the Administrator may detail personnel of the Environmental Protection Agency to agencies eligible for assistance under this section. "sreoiAL croons; nans ion eeseauch, DEVELoncxirr, and DEMONSTRATIONS "Sec. 8002. (a) Glass aim Plastic.--The Administrator shall undertake a study and publish a report on resource recovery from glass and plastic wsste, including a scientific, technological, and economic investigation of potential solutions to implement such recovery. "(b). Composition or Warn Stream.--The Administrator shall undertake a systematic study of the composition of the solid wsste stream and of anticipated future changes in the composition of such stream and shall publish a report containing the results of such study snd quantitatively evaluating the potential utility of such components. "(c) Priorities Sroor.--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 snd promising techniques of energy recovery from solid waste (including, but not limited to, waterwau furnace incinerators, dry shredded fiel systems, pyrolysis, denuded 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 demonstra tion without Federal action, including the degree of restraint on such potential poeed by the risks involved, and "(3) the magnitude of effort and period of time necessary to develop the technology to the point where Federal assistance can be ended. "(d) Small-Scale axi> low Technoiaxit Stupt.--The Adminis trator shall undertake a comprehensive study and analysis of, and publish a report on, systems of small-scale and low technology eolid waste management, including household resource recovery end 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 Setaxatiow.---The Administrator shall undertake research and studies concerning the compatibility of frontend 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 ou the adverse effects of solid wastes from active and abandoned surface and underground minea 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 meaaurea currently empjoyed by the mining industry, Government agencies, and others to dispose of and utilise such solid wastes and to prevent or substantially mitigate such advene effects Such study shall include an analysis of-- "(1) the sources and volume of discarded material generated per year from milling; "(2) present disposal practices; "(8) potential dangers to human health and the environment from surface runoff of leachate and air pollution by dust; "(4) alternatives to current disposal methods; "(6) the coat of those alternatives in terms of the impact on mine product costs: snd "(8) potential tor use of discarded material as a secondary source of tbs 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 e 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 concern ing such effects. "(g) Sludge.--The Administrator shall undertake a comprehensive study end publish a report on sludge. Such study shall include an analyBie 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 ehale liquefac tion and gasification of coal and coal slurry pipeline operations) shall be classified as sludge; "(2) the effects of air and water pollution legislation on the creation of large volumes of sludge; "(8) the amounts of sludge originating in each State end in each industry producing sludge; "(4) methods of disposal or such sludge, including the cost, efficiency, and effectiveness of such methods; "(5) alternative methods for the use of sludge, including agri cultural applications of sludge snd energy recovery from sludge; end "(6) methods to reclaim areas which have been used for the disposal of sludge or which have been damaged by sludge. ' "(h) Tires.--The Administrator shall undertake a study and pub lish a report respecting discarded motor vehicle tires which shall include an analysis of the problems involved in the collection, recov ery of resources including energy, and use of such tires. "(i) Resource Raoovaar Faciunu.--The Administrator shall con duct research and report on the economics of, end 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, and a representative of the Office of Man agement end Budget, which shall conduct a full and complete investi gation and study of all aspects of the economic, social, and environmental consequences of resource conservation with respect to-- "(A) the appropriateness of recommended incentives end dis incentives to foster resource conservation; "(B) the effect of existing public policies (including subsidies and economic incentives and disincentives, percentage depletion allowances, capital gains treatment and other tax incentives snd disincentives) upon resource conservation, and the likely effect of the modification or elimination of such incentives and disin centives upon resource conservation; "(C) the appropriateness and feasibility of restricting the manufacture or use of categories of consumer products as a resourceconservation strategy; "(D) the appropriateness and feasibility of employing aa a resource conservation strategy the imposition of solid waste man agement charges on consumer products, which charges would reflect the costs of solid waste management services, litter pickup, the value of recoverable components of such product, final dis posal, and any social value aauocimted with the nonrecycling or uncontrolled disposal of such product; and "(E) the need for further research, development, end demon stration in the area of resource conservation. "(2) The study required in paragraph (2) (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; 12-17-76 Copyright 1976 by The Bureau of Notional Affairs, Inc. 17 CCR 000041294 71:3114 FEDERAL LAWS "(B) the appropriate state in the production of inch consumer product at which to lory such charge; "(C) appropriate criteria for establishing auch chargee for ch consumer product category { "(D) methods for the adjustment of such charges to reflect actions such as recycling which would reduce the overall quanti ties of solid waste requiring disposal; and "(E) procedures for amending, modifying, or making each chargee to reflect changing conditions. "() The design for the study required in paragraph (9) (D) of this subsection shall include timetables for the oompktion of the study. A preliminary report pitting forth the study design shall be sent to the President and the Conrnn within six months following enact ment of this section and followup reports' shall be sent six months thereafter. Each recommendation resulting from the study shall include at least two alternative to the proposed recommendation. "(4) The results of such investigation end study, iarlndiug recom mendations, shall be reported to the President and the Congress not later than two years after enactment of this subsection. "(5) There are authorized to be appropriated not to exceed $2/100,000 to carry out this subsection. "(k) Amroer LixmniAS.--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 feed ing on landfills in the vicinity of airports. "(1) Comvlstion or SmucH iso 9ntna--Ihe Administrator shall complete the research and studies, and submit tbs reports, required under subsections (b), (c), (d), (e), (f), (g), and (x) not later than October 1, 1978. The Administrator shall complete the research and studies, end submit the reports, required under subsections (a), (h), (i), and (j) 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 bom such study to appropriate committees of Congress. "(m) Authorization or Armor*L*noNe.--There are authorized to be appropriated not to exceed $8,000,000 for the fiscal year* 1978 and 1979 to carry out this section other then subsection (j). "OOOBDIKATION, OOLLZCnON, AltH MBSXlOWATIOIf or ncrOOJCATlON "Sec. 8003. (a) Iwvoiucatiox.--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 date on the different management methods ami the cost, operation, and main tenance of such methods; "(3) the amounts end percentage* of resources (including energy) that can be recovered from solid wests by use of various discarded materials 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 end potentially hazardous solid wastes; methods of neutraliz ing or property disposing of hazardous solid wastes; facilities that properly dispose of hazardous wastes; "(7) methods of financing resource recovery facilities or, sani tary landfills, or hazardous solid waste treatment facilities, which ever is appropriate for the entity developing such facility or landfill (taking into account the amount of solid waste reasonably expected to be available to such entity); "(8) the availability of markets for the purchase of resources, either materials or energy, recovered from solid waste; and "(9) research and development projects respecting solid waste management. "(b) Libxaxt.--(1) The Administrator shell 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, trans port, storage, treatment, and final disposition of solid waste, and "(iv) other aspects of solid waste and hazardous solid waste mABAfrawiAnL 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), and, subject to any applicable requirements of confidentiality, information respect ing any aspect of solid waste provided by officers and employees of the Environmental Protection Agency which has bean acquired by them in the conduct of their functions under this Act and which may be of value to Federal, State, and local authorities and other persons. "(2) Information in the central reference library shall, to the extent practicable, be collated, analyzed, verified, and published and shall be made available to State and local governments and other persons *t reasonable times and subject to such reasonable chargee aa may be Tier teeny to defray expense* of making such information available. "(e) Moom. Accounting Ststix.--In order to zseist State and local governments in determining the cost and revenues associated with the collection and disposal of solid waste and with resource recovery oper ations, the Administrator shall develop and publish a recommended model coat 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 leas frequently than once every five years, review such accounting system and revise it as Moeasary. "(d) Mom Cooza.--The Administrator is authorized, in coopera tion with appropriate State and local agencies, to recommend model codes, ordinances, and statutes, providing for sound solid waste management. "(e) IxronMATtou Psoozaxz.--(1) The Administrator shell imple ment a program for the rapid dissemination of information on solid waste management, hazardous waste management, resource conserva tion, end methods of resource recovery from solid waste, including the remits of any relevant research, investigations, experiments, surveys, studies, or other information which may be useful in the implementa tion of new or improved solid waste management practice* and meth ods and information on any other technical, managerial, financial, or market aspect of resource conservation and recovery fecititira. "(2) The Administrator shall develop end implement educational programs to promote dtisen understanding of the need for environ mentally sound solid waste management practices. "(f) CoomnxATioN.--In collecting and disseminating information under this section, the Administrator shell coordinate lus actions end cooperate to the maximum extent possible with State and local authorities. "(g) Special Bzstriction.--Upon request, the full range of alter native technologies, programs or processes deemed feasible to meet the resource recovery or resource conservation needs of a jurisdiction shall be described in such a manner as to provide a sufficient evaluative basis from which the jurisdiction can make its decisions, but no officer or employee of the Environmental Protection Agency shall, in an offidal 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. "tull-bcaix dsmoxbtration paciuttes "Sxa 8004.(s) AcrmoHxrr.--The Administrator may enter into con tracts with public agencies or authorities or private persons for the construction and operation of a full-scale demonstration facility under this Act, or provide financial assistance in the form of grants to a fullscale demonstration facility under this Act 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 discarded material man agement practice, or the technological feasibility and cost effec tiveness of an existing, but unproven technology, process, or practice, and will not duplicate any other Federal, State, local, or commercial facility which has been constructed or with respect to which construction has begun (determined as of the date action is taken by the Administrator under this Act), "(2) such contract or assistance meets the requirements of section 8001 and meets other applicable requirements of the Act, "(S) such facility will be able to comply with the guidelines published under section 1008 and with other laws and regulations for the protection of health and the environment, "(4) in the case of s contract for construction or operation, auch facility is not likely to be constructed or operated by State, local, or private persons or in the case of an application for financial assistance, such facility is not likely to receive adequate financial assistance from other sources, and "(5) any Federal interest in, or assistance to, such facility will be disposed of or terminated, with appropriate compensation, within such period of time as may be necessary to carry out the basic objectives of this Act. "(b) Tom Limitation.--No obligation may be made by the Admin istrator for financial assistance under this subtitle for any full-scale demonstration facility after the date ten years after the enactment of this section. No expenditure of funds for any such full-scale demon- Eftvironment Reporter 18 CCR 000041295 96?T^0000 WDO 01 '3u| 'uiDjjy |DUOI|ON jo noejng eqj^ Aq 9^61 @ q6ijAdo;) 9A"Al"Zl ejsjg auo traqj aioui jo jied jo qs eepnyaut qoiqM tui ui in jeahud * jo} uotjoes snp japun jusjS a 03 Aidds qsqs "uopoaqns siqj qeiqai ui jonmnit oqj tiopspiSai Aq equosejd qsqs jojujsnnmpy'eqj, '(g) n -- k, ' -TOS | Am ui sjoB&ud joj uotjoee siqj japun pejutu# aq yyeqs uotjoes siqj 1 Xuso 04 jsbA ysosu Am joj'pajsudojdds eq 04 pezuotpira spun} jo [ejoj oqj jo juaojed si imp aioui `joj{ (1)--ruvig adoNig (j),, jojwjsrimupy eqj Aq peuiuuejep eq qsqs tpiq* jo an[iA ip "Basinas jo Ajjadojd [Buosiad 40 jeafcud sip joj pspeeu uiajeip sjsaiojui 40 spuai `04 pejiuny 4011 jnq `Snipnput `uuoj Am ui eq Asm aisqs [mapej-uou eip `(1) qdsiSsjsa jo sesodjnd JO py snp 04 jusnsind suopounj siq 400 Xuso Apadcud 04 ajpibej Asm jdjsjjsuniupy aqj ss' `uoijoas Biqj ui papticud asoqj 04 uoijipps 111 `sjuauraimbai pus suopipuoo qons 04 joetqns spsm eq Asm If)_ pus I ((a) (l) qdiiSeisd 04 jeatqns) jealoid eq4 jo aousuajuism pus uop -sjedo juaroiga pus jedotd joj'jojsjjsiutuipy eip 04 Ajojosjsijss uoistAOJd epsui ssq jusaqdds eq4 [pun epsrn eq 40U Asm (gj,, iSJSOO BOUBUej -uram jo aupsjedo joj ( (a) (1) qdsiftusd ui papuoid esiauaipo sc jdaoxe) jo uoptsttibos pus] joj papiAoid'eq jou Asm'(g),, tsjsoo eoireuajmvm pus uopsjedo jsaA-jsiq eip `saiydds (l)(q) uopoosqnB qoiuai 04 jusjS s jo esse eq4 ut (a) sriyd *84900 uopomjsuoa pus uSisep [9464 pejeutpsa aqj (y) jo azsqe [sjepe^ eip jo junonra eip in Aytto epsm eq'Asm (i),, --nopaeg snp jepun jusjS y--stroij.vjnxri TSKomody -usyd earn mjqodoijem jo ysuoiSai sAisueqajdmoe jo juseqdds eip Aq esn eip 04 {(j) pus ! surayqojd yesodsip sjssm pqos Ajiutimuioa 04 uopieqdd* [sjeues joj jealoid qens jo jspuejod eip 04 (q) ! (peje Aoosj'eeajuosai Aus jainm 04 40400s ejvAud eip tpus sjueuteSmjjs [sn40sj4uoa Suipnpui) jeetoid eip jo AjiqqsiA yspiemmoo pus eimou -ooe eip 04 `epjsoqdcfa 4004x9 eqj 04 (a) -`jdsjS qens jhnqvui ui ptv puepaj jo Ajetidoid eip pus uoponjqsuoo eq4 Aq peAuep eq 04 sjpeueq oqqnd eip 04 (y) J04SJ48iuimpy eip Aq_u9Ai3 eq psus uopsjepisuoo `tiopees stqj jepun S4Usi1S'j6j suoijsopdds uo 00140s Tucq^ ut (g) -Bjsenbej 4usjS `110 uopos pus `jo uorasimqns joj eeuqpvep sapiAoud (a),, ' pus isuopipcoo [sjuamuoJiAue pus oiqdsjSoeS eApsjueeejdej jepun `esais'punj pus `euoiSaj us4t[od dpem `siejueb [sU4snpoi-usqjn jo smejqoJd 040141 'Xitunuiiuoo eip 8utA[os ui 4spss n!* es euopipuoo qons Jepun `sazis 2uiAjsa jo ^S0w[p4i!untinuoo ut jno paujso eq ni4A sjoetojd 4sip eapLAOJd'(y),, 9t' stqj jepun sjusj? 3mpj4iB joj ajnpseojd s --qoiqM uop Suti(ST[qs4se euopspi sqsSjiimojd psqs jojujsiuimpy eqx (l)--sKouriaoua (p) bbso Jelpo Aus ui 4U90jed 9i usip ejom 40U pus `A4ipsdionnim euo A[uo sepnptn qoiqjs sejs us 8in -AJ08 jeeCojd s jo esso eip in 4ueoied os usip ejom 40a eq [[sqs sendds (l) qdsiSsjsd qoiqjA 04 4ae[ojd Aus Joj ejsqs [sjspe^ oqj, (g),, *B[Sue4sm [njeen Sui[eAoej ui jo `seojnoeej jo ASjsus jo Aieioosj ^uiAetqos ui `[ssodsip eoesAi pqos jo 40sduii [S4U3UiuojiAue etp ^rndnpej ui eenbiuqoej peAojdiui pus vseu SuiA[dds Aq 44s sip jo 04148 eip nousAps 4oeCajd eip (a)n pus *8001 uopoes jepun pepusmmooej Beui[epin3 eq4 tpiu tua^sfeuoa ei (m) pus poy slip jo sesodjnd eip joj J04SJ4itinmpy ei[4 04 Aiopsjspss si qoiqii peA]OAUi seJS eq4 joj mqd OAisiieqeJdmoo s ui pepnpur si (11) `ira[d tpns ipi. juejsisuoo si (1) pe4oiu4Suoo eq 04 A4[[psj etp pus *p0A[OAui sejs eq4 o4 S8i|dds qoiqjA pejdops ueeq ssi[ [ssodsip 94SSA1 pijos joj us[d e4S4&ie4Ui jo 4jy s (y),, --j[ A[uo spsm eq Asm A4qiosj [ssodsip e4SS4i pijos peAOjduit jo aasu s jo U014 *otu4suoo eip joj uoijoes snp jepun jusi^y ([)--smouvjuci'j (0)pueojsd fii usip aioui eq 40U qsqs ssiidds (l) qdsjSsjsd qoiqji 04 4oeCojd Aus joj eisqs [siepa^ eqj, (g),, 'msqeAs qons jo siesu eip Snouts uie4sAs Xteiooei eounosaj Aus jo aousue4Uism pus `uopsjado `U01401U4S uoo ipui ps4Sloosss 84S00 etp SuC4nqU4Sip joj rnejsAs s[qs4iiibe us sepiAOJc! (a) pus iuopoes sup jo tpJ'uopoesqns jepun pe4sif[miioid suopsjnSet 04 4usnaind `j04U4siuimpy iup Aq peutuuaiap ss *4oy siqi jo sesodjnd eq4 ipiu 4US4SISU00 smsjsAs XieAooaj eojnoeai epin -itsus epiAOjd 04 peuihssp si (q) i4oy snp jo goot uopoas 04 4usnund pepuamuiooaj seui[ep(nS ei[4 q4iM 4ue4sisuoo si (a) -4oy siq4 jo q eppqtis jo mueuisjinbej aqi 400111 q.>iq4A suv[d Aus q4[4A juejsisuoo st (y) 41 ji Apto epsrn eq Asm me4sAs Ajsaoosj aojnosei s jo U014144S110 map eqj joj uopoes siqi Jepun 4Uij3 Any ([)--`8K0iiiaK03 (q),, -sepqpsj [ssodstp e4SS4t pijos peAOjdmi jo Aieu jo uoponj4suoo oqi joj jo smejsAs Ajs -Aooej eajnosai jo uoi4iJ4suomep oqi joj Aouafts [sdiotumuje4in 40 04148 J94UI jo `[sdieiunui "04148 Aus 04 uopaes snp 04 juinsjnd S4uj3 eqsui 04 pezpoipni !it Ji>4SJ4siuiiupy eqj--'AjjaojLLay (s) 'fioOS '09g,, szllihovj usojeia utv* (inns niAouJKi (ikv shusas jaeioosu sos/iossu xitf sj.nvso,, 1101400s slip jepun 4110 peujse 43e(ojd pus *seipn|S "suops^psaAm 04 |qsai[ddi eq [[sqs (o) pits (q) toog uoi4eg-XsMOLLa*g niuQ jo Nousorujy (e),, (s) uopoeeqns 04 4usnejnd pedopiep senbiuqee) pus spwpem e4SJ4suomep pin 4504 04 s4[ojd uoi4sJ4suomep 4no'Aijse 09 pesiiotpns as[S si J04SJ4Siuiuipy eqj,---kouvxisnokiq (q),, seopoiid qens JO seouenbesude q4[Seq oi[qnd pus [siuemuojiAUe eip pus `venuouoee pus `seiSoiouqee4 `sepuoinns Supsixe jo 4uem seeess us ^uipnput "soeiiewd pus "suie[qojd 4ueute8susm sissm Suiuuii `jouejuj eip' jo Aisiejeeg 9i[4 ipiM uopiqnsuoe ui (01 ),, pus iseopetud qens jo seouenbes uoe [s4uemuoiiAue pus `[sieos "eimouoee eqj pus "seepesjd qens SunueAoS suopspiSej [seojpus `ejsjg "[Sjepej `inemeAOJdmt joj sjeedsoid eip `sejssM qens ut seejnosej jo XteAoeej pus esnei jo juejxe eqj "seepesjd pus suie]qojd 4ueme8susm ejssu [sjnjpie u3s `ejn4[neij3y jo Xisjajeeg eqj qjtM uopsjinsuoe ut (s),, ieeiis [ssodstp pus sept[iesj joj pus[ 8mpn[eui `juautaSsusm 948IM pqos joj pepaeu ptrii jo uoptsinbos eqj 04 siaujsq [suopnipsui pus s4UisJ4suoe [S8e[ eqj' (g),, pus :m4i qens jo iSBodsip penoljuooun Jo SuipAeejuou ipin pejsteosss sjsoo [epos Aus pus "111041 eqj jo sjueiiodmoe eiqsjeAooeJ Jo enisi eqj `[ssodstp [itiq jo 4800 eip jeepej p[no seljsqe qerq* `spoon pejnj -eijnusm jeqjo pus `seieiqeA `sjauisjuoe "2ui3ijeid uo sa2jiqe jetpo jo [ssodsip Suisodun jo poqjem pus Ajuseeeu eqj (j),, i'Bpuejsm qens jo uopSAjesuoo pus SuqeAeu *esnaj eip uodn seAtjueeuisip pus ssaij ueoui qons jt> uopsinmqe jo uoijseuipom eqj jo jeejja A[aqt( eqj pus `spruejsm jo esnai pus SuqeAeaj eqj uodn `seAijueouisip pus seAijuaout xij jeqjo pus jueuijsajj suisS [sjidse *seousMO[[s uope[dep eSsjueoied "eeArjueeuiaip pus sajpueoui onuouoea pus seipnqns Suipnpui "sexeijod eqqnd auijstxe jo jeepa eqj (g),, isjqnq spiqaA jojoui uo sissqdme [speds qjiM. `sajssa. pqos mojj spuejsm jo 8uqeAoaj jo uoij -sitnpej eip e4mje[eaos 04 seAijuasuisqi pus (eeusjBisss jeqjo pus *suso[ `sjusjS [SJepej Suipnpui) seAijueeu; pepuauimoeej (s),, iseojnosej pajaioeaj joj pustuep jaqjiui dopiep 04 jueiuajneojd [sjepej jo esn eqj {f),, tBejssiA jo [ssodsip Jo *esnej `uopenpei jo suiuSojd oAtjeape ejom 04 ejnquj uoo pus Bsptqasj jd uopszimn juapgja eSunoeua qm qaiqat uopszueuisjuod pus `uopsisdas `uorpaqoa jo spoqjaiii (8),, isiiopos qons jo seouanbesuoo [sjuemuojuua pus`{siaos `otmouooe eqj pus *941140} eqj ui ueqsj eq p[noa Aqieijeud qeiqai aeoqj pus "uopos [sjuemiueAdS 04 asuodsaa ut jo A[u4ini[OA uaqsj ueeq eisq qotqai uotjsjeueS jssm eonpaj 04 suopas (g),, XrsAoeej eeinoeai pus uopSAjesuoo esunosaj qSnojqj uoijSAjesuoe A8Ltoue joj sppuejdd pm "sjaqjsm Sinpixa uo seojnosaj qons jo uopnquptp jo 'josdun eip `seojnosaj padaAoaai qons joj sjeqjsm [Stjuajdd jo uopsoqtjuapi Suipnpui `aaijian [suotjsujejui jo [iuoijsu joj ASjeua pus 8[sije4Sin qons jo sasn pepnemmoaaj `ejsan pqos tuoJj ASjeue pus spuajim SuueAooai jo siraem(i),, --uo uopos BApspiSe[ jo BApsijsiunups joj suopspuemiuoeaj dopiep pus eaqmjs 40'npuoo qsqs jojsjjsnnrapy eqx--Vnanjg (s) `5008 "aig,, nvisuTR any nwm "uussa 40 juDuoom no kithrose KouvjeNottia qnv xaais nvieus,, -(suosjed ejiAud jo sapuomns jo sapuaSs aqqnd qji* josjjuoo Aq jdaoxe) Ajqiesj efses-qtij Aus eysjado jo jonjjsuoe joujiiqs Jojujsniimpy eip `uopoae nip jo jttaupasua jo ejsp eqj jajjy--"NOixisnidsa (P) "sajsjg pejiu^j eip 04 pansst eq 04 pajinbaa eq jou qsqs uopuesui qons SuijeadsaJ sjuejsd pus sajsjg pajliqj eqj ui jssa 04 paiinbaj eq jou qsqs Ajtqesj qens Supsjedo jo '`Supenjjstioo `SuidopAsp jo eamoe eqj ut jo" peAieouoe jo epsm uotjuaiui Aus 04 epp `(g) (e)[008 uoijeas guipusjsqjmjon 'Ajqtoij s 04 aeusjnsss [iteuiuy jeqjo on sepiAoud p'm [euuosjad jo sjueunujsui qens joj spunj jo (qjdq jo) [auuosied jo sjuemnjjsui uoijiiqiAS pus Stujojiuom A[uo sapiAOjd jojstjsiunnpy eqj sueqja -seijiiiesj qens jo `sjoedss jeqjo pus `aous -uuojjedf eip Sunueouoa uoijsutjojui Jfuiuiijqo jo (ewod.ind joj (jey slip jepun pejsjedo jo pejeiujsuoe jou Jo jaqjeq*) saijiqotj ejsset pqos e[ses-qnj jo Suuojiuom epiAOjd 04 "e[qsjisep pus aiqieijeud jaiajatpi `sjuauiaSuslts oju; jejua qsqs jojsjjstuimpy eqr, (g),, joiiaqj uopsuiqmoe Aui jo suosjad ejiAud *8apua3s peo[ pm "ejsjg "(wapa^ jeqjo' qjin Suuiqs jsoe epseijoiid mnuiixstu joj sjuemai^usjji jeqjo eqiui pus sjuamaej^i ojui jejua 04 JOAsepua qsqs JOjsijstuiuipy aqj `Ajiypij uoijsjjsuouiap eysos -qni s 04 eptjqns siqj japtin eeusjsissi [ipirauq SiiipiAOJd jo "8unv -aado `Supeiujsuoe ui `aiqiaijeud jaiajau Al--"ONravHg aboq ( j),, `juauijasua jo ajsyi qons Jajji sjsaA uaajjnoj ajip aqj jajjs jojujsiuimpy aqj Aq aptuu aq Ann apijqns siq) japuti A);|ieuj uoijbjjs SLLE;LA 10V AU3A003U 30n0S3U 71:3116 FEDERAL LAWS "AUTHORIZATION or APPROPRIATIONS "Sec. 8007. There ere Authorized to be appropriated not to exceed $35,000,000 for the fiscal year 1978 to carry out the purpose* of this subtitle (except for section 8002).". SOLID WASTE CLEANUP ON PUBERAL LAMM IN AIAHM* Sec, 3. (a) The President shall direct such executive departments or agencies as he may deem appropriate to conduct a study, in con sultation with representatives of the State of Alaska and the appro priate Native organizations, to determine the best overall procedures for removing existing solid waste on Federal lands in Alaska. Such study shall include, but shall not be limited to, a consideration of-- (1) alternative procedures for removing the solid waste in an environmentally safe manner, and (2) the estimated costs of removing the solid waste. (b) The President shall submit a report of the results together with appropriate supporting data and such recommendations as he deems desirable to the Committee on Public Works of the Senate and to the Committee on Interstate and Foreign Commerce of the House of Rep resentatives not later than one year after the enactment of the Solid Waste Utilization Act of 1976, The President shall also submit, within six months after the study has been submitted to the committees, rec ommended administrative actions, procedures, and needed legislation to implement such procedures and the recommendations of the study. Sec. 4. (a) In order to demonstrate effective means of dealing with contamination of public water supplies by leachate from abandoned or other landfills, the Administrator of the Environmental Protection Agency is authorized to provide technical and financial assistance for a research program to control leachate from the Llangollen Landfill in New Castle County, Delaware. (b) The research program Authorized jy this section shall be designed by the New Castle County areawide waste treatment manage ment program, in cooperation with the Environmental Protection Agency, to develop methods for controlling leachate contamination from abandoned and other landfills that may be applied at the Llan gollen Landfill and at other landfills throughout the Nation. Such research program shall investigate all alternative solutions or cor rective actions, including-- (1) hydrogeologic isolation of the landfill combined with the collection and treatment of leachate; (2) excavation of the refuse, followed by some type of incineration; (3) excavation and transportation of the refuse to another land fill: and (4) collection and treatment of contaminated leachate or ground water. Such research program shall consider the economic, social, and envi ronmental consequences of each such alternative. (c) The Administrator of the Environmental Protection Agency shall make available personnel of the Agency, including those of the Solid and Hazardous Waste Research Laboratory (Cincinnati, Ohio), and shall arrange for other Federal personnel to be made available, to provide technical assistance and aid in such research. The Adminis trator mayprovide up to $250,000, of the sums appropriated under the Solid Waste Disposal Act, to the New Castle County areawide waste treatment management program to conduct such research, including obtaining consultant services. (d) In order to prevent further damage to public water suppliea during the period of this study, the Administrator of the Environ mental Protection Agency shall provide up to $200,000 in each of fiscal years 1977 and 1978, of the sums appropriated under the Solid Waste Disposal Act for the operating costs of a comiter-pumping program to contain the leachute from the Llangollen Landfill. Environment Reporter CCR 000041297 20