761022

RESOURCE CONSERVATION AND RECOVERY ACT OF 1976

STATEMENT BY THE PRESIDENT ON SIGNING S.2150 INTO LAW OCTOBER 22, 1976

FORD G

PRESIDENT

100000

ACT

NOTE: THE PRESIDENT SPOKE AT 7:37 P.M. AT THE WALDORF ASTORIA HOTEL. IN HIS OPENING REMARKS HE REFERRED TO TERENCE CARDINAL COOKE, ARCHBISHIP OF NEW YORK, GOVERNOR HUGH CAREY, SENATOR JACOB K. JAVITS AND SENATOR JAMES L, BUCKLEY, OF NEW YORK, ABRAHAM BEAME, MAYOR OF NEW YORK CITY, CHARLES H. SILVER, CHAIRMAN OF THE DINNER, AND DR. HOWARD RUSK, CHAIRMAN OF THE ALFRED E. SMITH COMMITTEE.

AS PRINTED ABOVE, THIS ITEM FOLLOWS THE TEXT OF THE WHITE HOUSE PRESS RELEASE.

NOTE: AS ENACTED, THE FOREIGN SOVEREIGN IMMUNITIES ACT OF 1976 (H.R. 11315) IS PUBLIC LAW 94-583, APPROVED OCTOBER 21, 1976.

NOTE: AS ENACTED, THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (S. 2150) IS PUBLIC LAW 94-580, APPROVED OCTOBER 21, 1976.

THIS GREAT CAMPAIGN, THE THINGS THAT UNITE US AS AMERICANS ARE FAR MORE ENDURING THAN THE THINGS THAT DIVIDE US. LET'S ALL REMEMBER THAT BOTH DEMOCRATS AND REPUBLICANS ARE STRIVING TOGETHER TO CREATE A MORE PERFECT UNION WITH LIBERTY AND JUSTICE FOR ALL.

OUR UNWRITTEN COMPACT OF RESPECT FOR THE CONVICTIONS OF OTHERS AND FAITH IN THE TENDENCY OF OTHERS ALLOWS AMERICANS THE LUXURY OF RUGGED POLITICAL COMPETITION. LET'S ALL WORK TO BANISH WAR FROM OUR SHRINKING WORLD AND HATE FROM OUR EXPANDING HEARTS, TO MAKE THIS WHOLE PLANET AS FULL OF FRIENDSHIP AND FELICITY AS THIS ROOM TONIGHT.

THANK YOU AND GOOD NIGHT.

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THE PRESIDENT'S MEMORANDUM OF DISAPPROVAL OF S.3553. DATED OCTOBER 21, 1976.

RELEASED OCTOBER 22, 1976

I AM WITHHOLDING MY APPROVAL FROM S. 3553, FOR FOREIGN SOVEREIGN IMMUNITIES ACT OF 1976, FOR TECHNICAL REASONS.

IN ITS HASTE TO ADJOURN, THE CONGRESS PASSED IDENTICAL SENATE AND HOUSE BILLS ON THIS SUBJECT. AT THE TIME THE SENATE PASSED THE HOUSE BILL, H.R. 11315, IT ATTEMPTED TO VACATE ITS EARLIER PASSAGE OF S. 3553 BUT WAS UNABLE TO DO SO BECAUSE IT HAD LEFT THE SENATE'S JURISDICTION. THE HOUSE, UNAWARE THAT THE SENATE HAD PASSED THE HOUSE BILL, ALSO PASSED THE SENATE BILL.

IN VIEW OF THE SENATE'S ACTION IN ATTEMPTING TO VACATE ITS PASSAGE OF S. 3553, THERE IS NO DOUBT THAT S. 3553 HAS BEEN PROPERLY ENROLLED, AND THEREFORE I AM SEPARATELY APPROVING H.R. 11315 AND MUST WITHHOLD MY APPROVAL FROM S. 3553.

THE WHITE HOUSE, OCTOBER 21, 1976.

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STATEMENT BY THE PRESIDENT OF SIGNING H.R. 11315 H LAW. OCTOBER 22, 1976

IT IS WITH GREAT SATISFACTION THAT I ANNOUNCE THAT I HAVE SIGNED H.R. 11315, THE FOREIGN SOVEREIGN IMMUNITY ACT OF 1976. THIS LEGISLATION, PROPOSED BY MY ADMINISTRATION, CONTINUES THE LONGSTANDING COMMITMENT OF THE UNITED STATES TO SEEK A STABLE INTERNATIONAL ORDER UNDER THE LAW.

IT HAS OFTEN BEEN SAID THAT THE DEVELOPMENT OF AN INTERNATIONAL LEGAL ORDER OCCURS ONLY THROUGH SMALL BUT CAREFULLY CONSIDERED STEPS. THE FOREIGN SOVEREIGN IMMUNITIES ACT OF 1976, WHICH I SIGN TODAY, IS SUCH A STEP.

THIS LEGISLATION WILL ENABLE AMERICAN CITIZENS AND FOREIGN GOVERNMENTS ALIKE TO ASCERTAIN WHEN A FOREIGN STATE CAN BE SUED IN OUR COURTS. IN THIS MODERN WORLD WHEN PRIVATE CITIZENS INCREASINGLY COME INTO CONTACT WITH FOREIGN GOVERNMENT ACTIVITIES IT IS IMPORTANT TO KNOW WHEN THE COURTS ARE AVAILABLE TO REDRESS LEGAL GRIEVANCES.

THIS STATUTE WILL ALSO MAKE IT EASIER FOR OUR CITIZENS AND FOREIGN GOVERNMENTS TO TURN TO THE COURTS TO RESOLVE ORDINARY LEGAL DISPUTES. IN THIS RESPECT, THE FOREIGN SOVEREIGN IMMUNITIES ACT CARRIES FORWARD A MODERN AND ENLIGHTENED TREND IN INTERNATIONAL LAW. AND IT MAKES THIS DEVELOPMENT IN THE LAW AVAILABLE TO ALL AMERICAN CITIZENS.

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STATEMENT BY THE PRESIDENT ON SIGNING S. 2150 INTO LAW OCTOBER 22, 1976

I HAVE APPROVED S. 2150, THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976.

I BELIEVE THIS BILL PROVIDES A WORKABLE PROGRAM AIMED AT SOLVING ONE OF THE HIGHEST PRIORITY ENVIRONMENTAL PROBLEMS CONFRONTING THE NATION, THE DISPOSAL OF HAZARDOUS WASTES. THIS LEGISLATION PROVIDES FOR STATE RESPONSIBILITY FOR THE CONTROL OF HAZARDOUS WASTES WHILE AT THE SAME TIME ASSURING UNIFORM NATIONAL STANDARDS FOR THE PROTECTION OF PUBLIC HEALTH AND WELFARE. THE LEGISLATION ALSO PROVIDES SOUND STATE AND LOCAL PROGRAMS TO DEAL WITH EVER INCREASING AMOUNTS OF MUNICIPAL SOLID WASTES GENERATED IN THIS COUNTRY.

THESE NEW CONTROLS OVER HAZARDOUS WASTES WILL ASSURE THAT SUCH WASTES ARE DISPOSED OF IN A MANNER WHICH IS PROTECTIVE OF PUBLIC HEALTH AND ENVIRONMENTALLY SOUND. THE ACT DIRECTS THE FEDERAL GOVERNMENT THROUGH THE ENVIRONMENTAL PROTECTION AGENCY (EPA) TO ESTABLISH CRITERIA FOR IDENTIFYING AND LISTING OF HAZARDOUS WASTES; TO PROMULGATE STANDARDS FOR GENERATORS AND TRANSPORTER OF HAZARDOUS WASTES; AND TO ESTABLISH PERMIT REQUIREMENTS FOR THE OWNERS AND OPERATORS OF SITES DISPOSING SUCH WASTES. STATES ARE ENCOURAGED TO ISSUE THESE PERMITS IN LIEU OF THE FEDERAL GOVERNMENT. CIVIL AND CRIMINAL PENALTIES ARE PROVIDED TO ENSURE COMPLIANCE WITH THE ACT.

THE LEGISLATION ALSO PROVIDES FOR STATE AND LOCAL DEVELOPMENT OF METHODS FOR SOLID WASTE MANAGEMENT WHICH ARE ENVIRONMENTALLY SOUND AND WHICH WILL ENCOURAGE THE UTILIZATION OF VALUABLE RESOURCES AND RESOURCE CONSERVATION. THIS WILL BE ACCOMPLISHED THROUGH FEDERAL FINANCIAL AND TECHNICAL ASSISTANCE TO STATE AND LOCAL COMMUNITIES FOR PLANNING AND IMPLEMENTING ALTERNATIVES THAT ADDRESS THE MANAGEMENT, INTERGOVERNMENTAL, FINANCIAL, AND TECHNICAL PROBLEMS ASSOCIATED WITH THE DISPOSAL OF SOLID WASTES. FEDERAL GUIDELINES FOR STATE AND REGIONAL PLANNING WILL INCLUDE INFORMATION ON SOLID WASTE MANAGEMENT PRACTICES, RESOURCE RECOVERY MEASURES, AND GUIDANCE FOR THE GRADUAL ELIMINATION OF OPEN DUMPS. THIS LATTER PROVISION IS AIMED AT ENSURING THE PROTECTION OF THE QUALITY OF GROUND AND SURFACE WATERS FROM LEACHATE AND SURFACE RUNOFF CONTAMINATION, AND THE PROTECTION OF AMBIENT AIR QUALITY.

PROVISION IS ALSO MADE IN THE ACT FOR EPA TO CONDUCT AND ENCOURAGE STUDIES OF RESOURCE RECOVERY SYSTEMS, FUEL RECOVERY FROM SOLID WASTES, AND SOLID WASTE REDUCTION; THE ADMINISTRATOR OF EPA WILL SERVE AS CHAIRMAN OF A RESOURCE CONSERVATION COMMITTEE WHICH WILL STUDY ECONOMIC INCENTIVES AND PRODUCT CHARGES; AND EPA COULD ENTER INTO CONTRACTS WITH AND PROVIDE FINANCIAL ASSISTANCE FOR FULL-SCALE DEMONSTRATION FACILITIES.

FINALLY, THE LEGISLATION RECOGNIZES THAT THE REAL IMPEDIMENTS TO LOCAL DEVELOPMENT OF RESOURCE RECOVERY FACILITIES ARE NOT FINANCIAL, BUT INSTITUTIONAL AND TECHNICAL IN NATURE. ITS ENACTMENT WILL THUS LEAD TO GREATER ENCOURAGEMENT OF THE MARKET FORCES CAPABLE OF GENERATING DEMAND FOR RECOVERED MATERIALS.

I BELIEVE THIS LEGISLATION IS ANOTHER STEP FORWARD IN IMPROVING THE QUALITY OF THE ENVIRONMENT.

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STATEMENT BY THE PRESIDENT ON SIGNING H.R. 12572 INTO LAW. OCTOBER 22, 1976

I HAVE SIGNED INTO LAW H.R. 12572, THE UNITED STATES GRAIN STANDARDS ACT OF 1976. THIS LEGISLATION FILLS A REAL NEED A NEED TO GUARANTEE THE INTEGRITY OF OUR NATIONAL GRAIN INSPECTION AND WEIGHING SYSTEM SO THAT BOTH DOMESTIC AND FOREIGN BUYERS OF UNITED STATES GRAIN CAN BE ASSURED OF THE QUALITY AND QUANTITY OF GRAIN THEY PURCHASE'

INVESTIGATIONS CONDUCTED OVER THE PAST 2 YEARS BY THE DEPARTMENT OF AGRICULTURE, THE FBI, THE JUSTICE DEPARTMENT, AND BY SEVERAL COMMITTEES OF THE CONGRESS, HAVE IDENTIFIED NUMEROUS IRREGULARITIES AND INSTANCES OF MALFEASANCE IN OUR GRAIN INSPECTION AND WEIGHING SYSTEM.

I HAVE INDICATED ON A NUMBER OF OCCASIONS THAT WE MUST NOT PERMIT THIS INTOLERABLE BEHAVIOR IN THE GRAIN INSPECTION AND WEIGHING SYSTEM TO CONTINUE. AN OPEN, HONEST, VIGOROUS INTERNATIONAL EXPORT MARKET FOR OUR AMERICAN GRAIN IS VITALLY IMPORTANT TO THE NATION AND OUR FARMERS. I HAVE BEEN COMMITTED TO DOING ALL THAT IS NECESSARY TO ENSURE THE CONFIDENCE OF OUR GRAIN EXPORT CUSTOMERS IN THE AMERICAN GRAIN TRADING SYSTEM.

DURING THE PAST 2 YEARS THE DEPARTMENT OF AGRICULTURE HAS TAKEN A NUMBER OF ADMINISTRATIVE STEPS TO STRENGTHEN ITS SUPERVISION OF THE GRAIN INSPECTION SYSTEM, BUT IT HAS BEEN CLEAR THAT LEGISLATIVE IMPROVEMENTS ARE ALSO NEEDED. CONSEQUENTLY, MY ADMINISTRATION PROPOSED LEGISLATIVE CHANGES LAST YEAR. THIS PROPOSAL AND OTHERS HAVE BEEN CAREFULLY CONSIDERED BY CONGRESS. THE BILL WHICH I AM SIGNING TODAY IS THE RESULT OF THAT DELIBERATION.

THE PERMANENT LEGISLATIVE REFORMS PROVIDED IN H.R. 12572, COUPLED WITH THE ADMINISTRATIVE ACTIONS ALREADY UNDERTAKEN BY THE AGRICULTURE DEPARTMENT, WILL PROVIDE OUR NATION WITH AN EFFECTIVE AND HONEST SYSTEM OF GRAIN INSPECTION AND WEIGHING -- ONE THAT IS MORE RESPONSIVE TO THE NEEDS OF BOTH BUYERS AND SELLERS OF U.S. GRAIN.

SPECIFICALLY, H.R. 12572 PROVIDES FOR (1) A SYSTEM OF FEDERAL/STATE GRAIN INSPECTION AT EXPORT LOCATIONS, WITH PROVISION FOR "GRANDFATHERING IN" QUALIFIED STATE AGENCIES IN EXISTENCE AS OF JULY 1, 1976; (2) A SYSTEM OF STATE/PRIVATE GRAIN INSPECTION AT INLAND LOCATIONS UNDER STRENGTHENED FEDERAL SUPERVISION, WITH AUTHORITY FOR THE DEPARTMENT TO PERFORM ORIGINAL INSPECTIONS AS NEEDED: (3) A SYSTEM OF FEDERAL/STATE OFFICIAL WEIGHING AND CERTIFICATION OF WEIGHTS OF GRAIN AT EXPORT POINTS -- HERE AGAIN WITH AUTHORITY TO GRANDFATHER IN THOSE QUALIFIED STATE AGENCIES IN EXISTENCE AS OF JULY 1, 1976. THERE WOULD BE FEDERAL SUPERVISION OF WEIGHING AT EXPORT, BUT THE EXTENT OF SUPERVISION AT INLAND LOCATIONS WOULD BE LEFT TO THE DISCRETION OF THE DEPARTMENT OF AGRICULTURE.

BLANK PAGE OMITTED

RESOURCE CONSERVATION AND RECOVERY ACT OF 1976

760930

SENATE

100003

CONGRESSTIONAL RECORD

SENATE

ANT SECRETARY OF AGRICULTURE TO DEPUTY SECRETARY OF AGRICULTURE. IT HAS NO HIDDEN FEATURES TO IT.

MR. DURKIN. VERY WELL

MR. ALLEN. I JUST ASK THAT IT BE PLACED ON THE CALENDAR.

THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.

TITAL OMITTED

MR. ROBERT C. BYRD. MR PRESIDENT, IN TALKING TO MR. RANDOLPH AND MR. BAKER, I UNDERSTAND THAT THEY HAVE CLEARED AND WANT CALLED UP FOR IMMEDIATE CONSIDERATION A MESSAGE FROM THE HOUSE OF REPRESENTATIVES ON S. 2150, AND I SO REQUEST.

THE PRESIDING OFFICER LAID BEFORE THE SENATE THE AMENDMENT OF THE HOUSE OF REPRESENTATIVES TO THE BILL (S.2150) TO AMEND THE SOLID WASTE DISPOSAL ACT TO AUTHORIZE STATE PROGRAM AND IMPLEMENTATION GRANTS, TO PROVIDE INCENTIVES FOR THE RECOVERY OF RESOURCES FROM SOLID WASTES, TO CONTROL THE DISPOSAL OF HAZARDOUS WASTES, AND FOR OTHER PURPOSES.

(THE AMENDMENT OF THE HOUSE IF PRINTED IN THE RECORD OF THE HOUSE OF REPRESENTATIVES.)

MR. RANDOLPH. MR. PRESIDENT, FOR MORE THAN 13 YEARS, THE CONGRESS DILIGENTLY WORKED TO DEVELOP NATIONAL PROGRAMS TO ABATE AIR AND WATER POLLUTION. BECAUSE OF CONCERN FOR LAND POLLUTION THE CONGRESS ALSO ENACTED THE SOLID WASTE DISPOSAL ACT OF 1965 AND THE RESOURCE RECOVERY ACT OF 1970. THESE STATUTES ADDRESSED THE RESOURCE DEPLETION AND ENVIRONMENTAL PROBLEMS ACCOMPANYING THE LAND DISPOSAL OF SOLID WASTE.

HOWEVER, SOLID WASTE HAS LONG BEEN THE STEPCHILD OF THE ENVIRONMENTAL MOVEMENT. SUBSTANTIAL ATTENTION HAS BEEN GIVEN TO THE PROBLEMS OF AIR AND WATER POLLUTION. MAJOR AND EFFECTIVE PROGRAMS HAVE BEEN IMPLEMENTED -- AND PROPERLY SO -- TO ADDRESS THESE PROBLEMS.

BUT WE NEGLECTED TO FULLY RECOGNIZE THE IMPLICATIONS OF HAPHAZARD SOLID WASTE DISPOSAL PRACTICES. AS CONSUMERS INCREASINGLY ADOPTED A USE-AND-DISCARD PHILOSOPHY, IT BECAME IMPERATIVE THAT WE EXAMINE OUR ATTITUDES TOWARD THE CONSUMPTION OF MATERIALS. DEPLETION OF RESOURCES AND HIGHER PRICES DICTATE THAT WE CHANGE OUR INDIVIDUAL ATTITUDES AND OUR COLLECTIVE PUBLIC POLICY.

WITH THESE THOUGHTS IN MIND, I INTRODUCED S. 2150, THEN THE SOLID WASTE UTILIZATION ACT. EXTENSIVE HEARINGS WERE CONDUCTED ON THE MEASURE CULMINATING ON JUNE 30 OF THIS YEAR, WITH SENATE PASSAGE OF THIS MEASURE BY A VOTE OF 88 TO 3.

THIS ACTION EMPHASIZED A NATIONAL POLICY OF RESOURCE RECOVERY AND REUSE. THE LEGISLATION NOW BEFORE THE SENATE WAS APPROVED BY THE HOUSE ON SEPTEMBER 27. IT IS THE RESULT OF A MERGER OF MY SENATE BILL AND THE ONE REPORTED BY THE HOUSE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, A BILL THAT WAS ITSELF DRAFTED AS A REFINEMENT TO S. 2150. I AM GRATIFIED BY THE COOPERATIVE APPROACH OF THE HOUSE IN COMBINING THE FEATURES OF OUR TWO BILLS IN THIS MANNER. THIS AVOIDS THE NEED FOR A CONFERENCE RESOLUTION OF DIFFERENCES AT THIS LATE DATE IN THE CONGRESSIONAL YEAR.

THIS COMPREHENSIVE LEGISLATIVE MEASURE ADDRESSES THE FULL RANGE OF ISSUES THAT I PERCEIVED WHEN I INTRODUCED THE SOLID WASTE UTILIZATION ACT IN 1975. THE MEASURE INCORPORATES THE POLICIES OF THE BILL PASSED BY THE SENATE 3 MONTHS AGO. ITS FINAL APPROVAL TODAY BY THE SENATE WILL ADVANCE OUR COUNTRY TOWARD MORE ENVIRONMENTALLY SOUND SOLID WASTE PROGRAMS AND PRACTICES.

THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 EXTENDS PREVIOUS FEDERAL ASSISTANCE TO STATE AND LOCAL GOVERNMENT EFFORTS TO MEET SOLID WASTE PROBLESM IN A COMPREHENSIVE AND EFFECTIVE MANNER. THIS MEASURE IS THE CULMINATION OF A 3-YEAR LEGISLATIVE EFFORT BEGUN IN THE 93D CONGRESS WITH THE ESTABLISHMENT OF THE PANEL ON MATERIALS POLICY IN THE COMMITTEE ON PUBLIC WORKS. EXTENSIVE OVERSIGHT AND LEGISLATIVE HEARINGS WERE CONDUCTED IN 1974 BY THE PANEL WHICH HAS CONTINUED IN THE 94TH CONGRESS.

THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ADDRESSES SEVERAL MAJOR AREAS OF CONCERN. THE FIRST IS RESEARCH ON THE ENVIRONMENTAL PROBLEMS ASSOCIATED WITH THE DISPOSAL OF WASTES ON LAND. SEVERAL PROVISIONS ARE DESIGNED TO INCREASE THE EFFECTIVENESS OF RESEARCH, DEVELOPMENT, AND DEMONSTRATION ACTIVITIES -- THESE ARE:

A MANAGEMENT PROGRAM TO INSURE THAT PROMISING INNOVATIONS MOVE SPEEDILY FROM RESEARCH THROUGH DEVELOPMENT INTO DEMONSTRATION;

MANDATORY COOPERATION BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION ON ENERGY RECOVERY FROM SOLID WASTE:

A RESEARCH INFORMATION PROGRAM TO MAKE RESULTS RAPIDLY AVAILABLE;

ELEVEN SPECIAL STUDIES; AND

LIMITS ON FULL-SCALE DEMONSTRATION PROJECTS.

TO CARRY OUT THESE RESEARCH PROVISIONS $8 MILLION ARE AUTHORIZED IN FISCAL YEARS 1978 AND 1979 FOR THE 11 SPECIAL STUDIES, AND $35 MILLION IN FISCAL YEAR 1978 FOR THE OTHER ACTIVITIES. IN ADDITION, $2 MILLION ARE AUTHORIZED FOR THE CABINET LEVEL RESOURCE CONSERVATION STUDY.

THE RESEARCH PROVISIONS ALSO EMPHASIZE CERTAIN AREAS OF NEED SUCH AS AMALL SCALE RESOURCE RECOVERY SYSTEMS FOR SMALLER CITIES.

SECOND, S. 2150 PROVIDES AUTHORITY FOR EPA TO ASSIST COMMUNITIES TO CARRY OUT SOLID WASTE PROGRAMS. THE LEGISLATION CONTINUES FEDERAL SUPPORT FOR THE DEVELOPMENT OF EFFECTIVE SOLID WASTE MANAGEMENT. IT AUTHORIZES ACTIVITIES IN FOUR AREAS: COMPREHENSIVE SOLID WASTE MANAGEMENT, REGULATION OF HAZARDOUS WASTE DISPOSAL, ASSISTANCE FOR RESOURCE RECOVERY AND UTILIZATION AND ASSISTANCE FOR RESOURCE CONSERVATION.

THE BILL ALSO AUTHORIZES TECHNICAL AND FINANCIAL ASSISTANCE TO STATES AND LOCAL GOVERNMENTS TO DEMONSTRATE AND STIMULATE MORE COST EFFECTIVE AND ENVIRONMENTALLY SOUND SOLID WASTE MANAGEMENT PRACTICES.

FEDERAL FINANCIAL ASSISTANCE IS PROVIDED FOR FACILITY PLANNING AND FEASIBILITY STUDIES; EXPERT CONSULTATION, SURVEYS AND ANALYSES OF MARKET NEEDS; MARKETING OF RECOVERED RESOURCES; TECHNOLOGY ASSESSMENTS; LEGAL EXPENSES; CONSTRUCTION FEASIBILITY STUDIES; SOURCE SEPARATION PROJECTS; AND FISCAL OR ECONOMIC INVESTIGATIONS OR STUDIES.

THIS LEGISLATION RECOGNIZES THAT SOLID WASTE IS A UNIQUELY LOCAL PROBLEM AND THAT PROGRAMS IN THIS AREA SHOULD BE DEVELOPED AND MANAGED BY STATE AND LOCAL GOVERNMENTS AND REGIONAL GROUPS.

FOR THE PURPOSE OF REGIONALIZATION OF SOLID WASTE MANAGMENT PROGRAMS AND SYSTEMS, S. 2150 ENCOURAGES THE DESIGNATION OF EXISTING REGIONAL OR MUNICIPAL AGENCIES TO PLAN AND IMPLEMENT PROGRAMS. WHERE FEASIBLE, THE DESIGNATION OF THE AGENCY DESIGNATED UNDER SECTION 208 OF THE FEDERAL WATER POLLUTION CONTROL ACT IS RECOMMENDED' IN THE DESIGNATION PROCESS THE RECORD OF AN AGENCY OR ORGANIZATION SHOULD BE REVIEWED WITH RESPECT TO:

ITS CAPABILITY TO CARRY OUT AREAWIDE ENVIRONMENTAL PLANNING, INCLUDING PLANNING FOR SOLID WASTE MANAGEMENT, RESOURCE RECOVERY, RESOURCE CONSERVATION, AND HAZARDOUS WASTE MANAGEMENT SERVICES;

ITS TECHNICAL, ECONOMIC, AND FISCAL EXPERTISE; AND

THE AVAILABILITY OF FISCAL, MANPOWER, DATA, AND OTHER RESOURCES.

SOLID WASTE MANAGEMENT IS NOT AN AREA WHICH LENDS ITSELF TO EXTENSIVE PLANNING AND OPERATION FROM THE FEDERAL LEVEL. THE ROLE OF THE FEDERAL GOVERNMENT IN SOLID WASTE ACTIVITIES SHOULD BE ONE PRIMARILY OF PROVIDING FINANCIAL AND TECHNICAL ASSISTANCE. IN ADDITION, PROVISION IS MADE FOR TECHNICAL ASSISTANCE ON SOLID WASTE MANAGEMENT BY FURNISHING TEAMS OR PANELS OR EXPERTS IN SUCH AREAS AS RESOURCE RECOVERY AND CONSERVATION AVAILABLE TO STATE AND LOCAL GOVERNMENT AGENCIES.

SUBTITLE D OF THE BILL LIMITS THE ADMINISTRATOR'S PLAN APPROVAL AUTHORITY TO COMPLIANCE WITH THE MINIMUM REQUIREMENT FOR ESTABLISHING A PLANNING PROCESS AND IMPLEMENTING THE PLAN ON OPEN DUMPING. THE CONGRESS THUS INTENDS THAT STATES AND AREAWIDE SOLID WASTE MANAGEMENT PLANNING AGENCIES HAVE FREE CHOICE IN SELECTING THE ELEMENTS OF THEIR SOLID WASTE MANAGEMENT PLANS. THE ADMINISTRATOR'S REVIEW OF PLANS AND WORK PROGRAMS FOR SUPPORT GRANT FUNDING DECISIONS IS NOT INTENDED TO CONVEY ANY POWER TO REQUIRE COMPLIANCE WITH GUIDELINES OR TO OTHERWISE DICTATE THE CONTENT OF STATE OR AREAWIDE SOLID WASTE MANAGMENT PLANS. THE SUGGESTED GUIDELINES ARE PREPARED FOR INFORMATIONAL PURPOSES ONLY; ANY ATTEMPT TO USE THOSE GUIDELINES FOR REGULATORY PURPOSES, PARTICULARLY IN DIRECTING THE ACTIVITIES OF STATE OR LOCAL GOVERNMENTS, WOULD BE INCONSISTENT WITH THE INTENT OF THIS LEGISLATION.

UNDER THE BILL, HOWEVER, STATE PLANS MUST PROVIDE FOR ELIMINATION OF OPEN DUMPS WITHIN A PERIOD OF 5 YEARS AND CONTROL OF HAZARDOUS WASTES DISPOSAL.

THE BAN ON OPEN DUMPING IS INTENDED PRIMARILY TO DEAL WITH MUNICIPAL AND INDUSTRIAL DISPOSAL PRACTICES. IN DRAFTING THE CRITERIA FOR DEFINING OPEN DUMPING, THE ADMINISTRATOR SHOULD ADDRESS SUCH DISPOSAL BEFORE ADDRESSING AGRICULTURAL OR MINING WASTE MANAGEMENT PRACTICES.

SECTION 1008 OF THE NEW ACT REPLACES SECTION 209 OF EXISTING LAW. THIS SECTION DIRECTS THE ADMINISTRATOR TO PUBLISH SUGGESTED GUIDELINES DESCRIPTIVE OF SOLID WASTE MANAGEMENT. THE CONGRESS INTENDS THAT THE GUIDELINES ARE TO BE DESCRIPTIVE OF ALTERNATIVE SOLID WASTE MANAGEMENT PRACTICES RATHER THAN PRESCRIPTIVE. THE GUIDELINES SHOULD PROVIDE THE STATES AND AREAWIDE PLANNING AGENCIES WITH MAXIMUM FLEXIBILITY, WHILE ASSURING THAT SUCH AGENCIES OR ORGANIZATIONS HAVE ADEQUATE INFORMATION TO EFFECTIVELY IMPLEMENT PLANNING PROVISIONS.

THE ADMINISTRATOR ALSO IS REQUIRED TO SUPPLEMENT A PROGRAM FOR THE DISSEMINATION OF INFORMATION ON SOLID WASTE MANAGEMENT, RESOURCE RECOVERY, RESOURCE CONSERVATION, AND HAZARDOUS WASTE MANAGEMENT. THIS GENERAL INFORMATION IS TO INCLUDE THE RESULTS OF RESEARCH ON NEW AND IMPROVED SOLID WASTE MANAGEMENT PRACTICES AND SHOULD BE REFLECTED IN THE GUIDELINES AS THEY ARE REVISED. WHILE GUIDELINES COMPARE ALTERNATIVE SOLID WASTE MANAGEMENT PRACTICES, INFORMATION DOCUMENTS SHOULD DESCRIBE INDIVIDUAL PROCESSES.

STATE AND LOCAL DECISIONS TO IMPLEMENT RESOURCE RECOVERY OR RESOURCE CONSERVATION APPROACHES TO SOLID WASTE PROBLEMS ARE OFTEN HIGHLY CONTROVERSIAL. THE ENVIRONMENTAL PROTECTION AGENCY'S EFFECTIVENESS MAY BE COMPROMISED IF IT ADVOCATES SPECIFIC POLICY ALTERNATIVES AT THE STATE OR LOCAL LEVEL. THESE MATTERS ARE BEST LEFT TO LOCAL CHOICE SINCE THEY INVOLVE SUBSTANTIAL REGIONAL VARIATION AND IT IS NOT APPROPRIATE FOR THE ENVIRONMENTAL PROTECTION AGENCY TO DO MORE THAN PROVIDE TECHNICAL ASSISTANCE UPON REQUEST'

TO ASSURE THAT THE FEDERAL GOVERNMENT ADOPTS A PROPER PLACE IN THIS PROGRAM, THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY IS REQUIRED TO NOTIFY THE CONGRESS BEFORE THE PUBLICATION OF GUIDELINES, INFORMATION OR MODEL CODES, ORDINANCES OR STATUTES.

ONE OF THE MOST URGENT SOLID WASTE NEEDS IS A UNIFORM APPROACH TO THE HANDLING OF POTENTIALLY HAZARDOUS MATERIALS. THIS BILL ESTABLISHES A FEDERAL PERMIT PROGRAM FOR THE MANAGEMENT OF HAZARDOUS WASTE DISPOSAL AND PROVIDES SPECIFIC DIRECTION FOR ITS IMPLEMENTATION. WHERE POSSIBLE, THIS PROGRAM WILL BE ADMINISTERED BY THE STATES.

S.2150 ALSO DIRECTS FEDERAL AGENCIES TO REVIEW THEIR PROCUREMENT SPECIFICATIONS AND TO ESTABLISH A PREFERENCE FOR RECOVERED MATERIALS WHERE THEIR USE WILL NOT AFFECT PRODUCT PERFORMANCE.

TO ADMINISTER THESE PROGRAMS THERE IS CREATED IN EPA AN OFFICE OF SOLID WASTE MANAGEMENT, HEADED BY A DEPUTY ASSISTANT ADMINISTRATOR. THE OFFICER ALSO IS GIVEN POWER TO PROVIDE ASSISTANCE TO STATE, REGIONAL, AND LOCAL GOVERNMENT AGENCIES AND TO ISSUE REGULATIONS.

AS APPROVED BY THE HOUSE, 2.2150 CONTAINS SEVERAL PROVISIONS FOR THE SENATE BILL WHICH WERE NOT INCLUDED IN THE MEASURE REPORTED BY THE HOUSE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE:

THE SENATE'S "SOLID WASTE" TERMINOLOGY WAS ADOPTED INSTEAD OF THE HOUSE'S "DISCARDED MATERIALS" TERMINOLOGY.

THE SENATE DEFINITIONS OF RESOURCE CONSERVATION, SOLID WASTE, AND SOLID WASTE MANAGEMENT ALSO WERE INCLUDED.

ALTHOUGH THE BASIC HOUSE MECHANISM FOR STATE PLANS AND FINANCIAL ASSISTANCE WERE RETAINED, THE STATES WERE GIVEN 5 YEARS TO CLOSE ALL OPEN DUMPS.

AN ADDITIONAL AUTHORIZATION OF $25 MILLION WAS INCLUDED FOR EACH OF FISCAL YEARS 1978 AND 1979 FOR EQUIPMENT AND CONSTRUCTION IN RURAL AREAS.

ANTITRUST EXEMPTIONS WERE DROPPED FROM THE HOUSE COMMITTEE MEASURE.

FEDERAL FACILITIES WILL BE SUBJECT TO STATE LAW AND REGULATIONS, AS UNDER THE SENATE-PASSED BILL.

AN INTERAGENCY COMMITTEE TO CONDUCT A RESOURCE CONSERVATION STUDY WAS ADDED TO S' 2150 BY THE HOUSE.

THIS LEGISLATION AUTHORIZES $35 MILLION FOR FISCAL YEAR 1977 TO CARRY OUT THE ENTIRE ACT DURING A PHASING IN OF THE NEW AUTHORITIES, AND $38 MILLION FOR FISCAL YEAR 1978 AND $42 MILLION FOR FISCAL YEAR 1979 FOR GENERAL AUTHORIZATIONS IN ADDITION TO SEVERAL SPECIFIC AUTHORIZATIONS.

STATE PROGRAM GRANT AUTHORIZATIONS OF $25 MILLION IS PROVIDED FOR FISCAL YEARS 1976 AND 1979. AN ADDITIONAL AUTHORIZATION OF $30 MILLION AND $40 MILLION FOR FISCAL YEARS 1978 AND 1979 WOULD BE DISTRIBUTED TO THE STATES TO SUPPORT PLANNING REQUIREMENTS OF THE BILL ON THE BASIS OF A FORMULA SET OUT IN THE BILL. THE IMPLEMENTATION GRANTS ARE FUNDED AT A LEVEL OF $15 MILLION PER YEAR. RESEARCH AND DEMONSTRATION GRANTS ARE FUNDED AT A LEVEL OF $35 MILLION FOR FISCAL YEAR 1978. A SPECIAL STUDIES AUTHORIZATION OF $8 MILLION FOR FISCAL YEARS 1978 AND 1979 ALSO IS PROVIDED'

AN ADDITIONAL $25 MILLION IN EACH OF THE 2 FISCAL YEARS IS AUTHORIZED TO AID RURAL COMMUNITIES IN COMPLYING WITH THE BAN ON OPEN DUMPING. AN AUTHORIZATION OF $2.5 MILLION FOR 1978 AND 1979 ALSO IS AUTHORIZED FOR SPECIAL ASSISTANCE TO COMMUNITIES.

THESE AMOUNTS ARE SUFFICIENT TO CARRY FORWARD THE ACTIVITIES AUTHORIZED BY THIS MEASURE. THE FULL AMOUNT SHOULD BE APPROPRIATED SO THAT ADEQUATE SOLID WASTE PROGRAMS CAN BE IMPLEMENTED.

THIS LEGISLATION BRINGS TO THE SOLID WASTE PROBLEM THE ATTENTION IT DESERVES AND I URGE APPROVAL OF S. 2150 WITH THE HOUSE AMENDMENT.

MR. HATFIELD. MR. PRESIDENT, I APPRECIATE HAVING THIS OPPORTUNITY TO BRIEFLY DISCUSS ONE ASPECT OF THIS SOLID WASTE LEGISLATION WHICH MAY COLLEAGUES KNOW IS OF CONCERN TO ME, AND WHICH I THINK IS OF IMPORTANCE TO THE NATION IN TERMS OF SOUND SOLID WASTE MANAGEMENT.

ON JUNE 30 OF THIS YEAR, I INTRODUCED THE BEVERAGE CONTAINER REUSE AND RECYCLING ACT AS AN AMENDMENT TO THE SOLID WASTE UTILIZATION ACT. IT WAS DEFEATED. I THEN INTRODUCED AN AMENDMENT CALLING FOR PRESIDENTIALLY COORDINATED INTERAGENCY STUDY OF RETURNABLE BEVERAGE CONTAINER LEGISLATION. THIS PASSED 85 TO 1. THE PURPOSE OF THIS AMENDMENT WAS TO SATISFY THOSE OF MY COLLEAGUES WHO ARGUED THAT MORE INFORMATION IN THIS AREA WAS NEEDED BEFORE ANY LAWS WERE PASSED. WHILE I BELIEVE THE EXPERIENCES IN OREGON AND VERMONT AS WELL AS STUDIES ALREADY AVAILABLE TO US ARE PROOF ENOUGH OF THIS PROGRAM'S EFFECTIVENESS, NEVERTHELESS I HAD HOPED TO PROVIDE MORE INFORMATION ON THIS MATTER TO MY COLLEAGUES WITH THIS AMENDMENT.

IT IS NOW MY UNDERSTAND THAT THE HOUSE DECIDED NOT TO INCLUDE THIS STUDY LANGUAGE IN THEIR BILL. IT IS ALSO MY UNDERSTANDING THAT THIS IS THE ONLY SIGNIFICANT DIFFERENCE BETWEEN THE TWO VERSIONS' THIS LEAVES ME IN THE RATHER DIFFUCULT POSITION OF HAVING TO DECIDE WHETHER OR NOT TO INSIST ON THE STUDY AMENDMENT AS SO MANY OF MY COLLEAGUES HAD INDICATED WAS NECESSARY DURING DEBATE ON THIS ISSUE LAST JUNE.

THE BILL APPARENTLY DOES CONTAIN, HOWEVER, GENERAL LANGUAGE CONCERNING THE NEED FOR FEDERAL STUDIES OF VARIOUS SOLID WASTE MANAGEMENT ALTERNATIVES, INCLUDING RESOURCE CONSERVATION AND RESOURCE RECOVERY. FOR THIS REASON I DO NOT INTEND TO DO ANYTHING THAT WILL UNNECESSARILY COMPROMISE THIS BILL'S CHANCES OF PASSAGE. THERE ARE TOO MANY OTHER SOUND PROVISIONS TO JEOPARDIZE THIS BILL NOW.

FOR PURPOSES OF LEGISLATIVE HISTORY, HOWEVER, I WOULD LIKE TO URGE THAT ANY STUDIES IN THIS AREA INCLUDE A REVIEW OF THE IMPACT OF A NATIONWIDE SYSTEM OF RETURNABLE BEVERAGE CONTAINERS IN TERMS OF LITTER REDUCTION, ENERGY CONSERVATION, RESOURCE CONSERVATION, AND ANY OTHER RELATED MATTERS. THE USE OF RETURNABLE CANS AND BOTTLES HAS BEEN VERY EFFECTIVE IN MY STATE OR OREGON, AND SHOULD BE CONSIDERED AS A SOLID WASTE MANAGEMENT ALTERNATIVE.

MANY OF MY COLLEAGUES WANTED ADDITIONAL INFORMATION ON THIS ISSUE, AND I HOPE THAT THIS BILL WILL INSURE THAT IT IS PROVIDED TO THEM.

MR. RANDOLPH. I HAVE LONG BEEN AWARE OF THE INTEREST OF THE SENATOR FROM OREGON (MR' HATFIELD) IN THIS KIND OF LEGISLATION, AND WAS GLAD TO HAVE THE OPPORTUNITY TO DISCUSS IT WITH HIM DURING THE DEBATE ON THE SOLID WASTE UTILIZATION ACT IN JUNE. AT THAT TIME THE SENATE ALMOST UNANIMOUSLY PASSED HIS AMENDMENT CALLING FOR A STUDY ON THE BOTTLE BILL ISSUE TO BE COMPLETED BY MARCH 1, 1977.

THE BILL THAT WE WILL SEND TO THE PRESIDENT DOES NOT CONTAIN SPECIFIC LANGUAGE REGARDING THIS STUDY, BUT IT DOES RECOGNIZE THE NEED FOR FURTHER STUDY IN SEVERAL AREAS OF SOLID WASTE MANAGEMENT. I WOULD LIKE TO ECHO SENATOR HATFIELD'S CONCERN THAT IN IMPLEMENTING THIS LAW, THE FEDERAL AGENCIES INVOLVED WILL EVALUATE A NATIONAL RETURNABLE BEVERAGE CONTAINER SYSTEM IN THEIR REVIEW OF POSSIBLE SOLID WASTE MANAGEMENT METHODOLOGIES. THE SENATE HAS ALREADY EXPRESSED ITS SENTIMENTS ON THE NEED FOR STUDY OF SUCH A SYSTEM WHICH CAN BE EVALUATED WITHIN THE SCOPE OF THE STUDIES PROVIDED FOR IN THIS BILL.

MR. HATFIELD. I THANK THE DISTINGUISHED CHAIRMAN OF THE PUBLIC WORKS COMMITTEE, AND CONGRATULATE HIM ON HIS LEADERSHIP IN GAINING PASSAGE OF THIS LEGISLATION, WHICH I INTEND TO SUPPORT KEEPING IN MIND THE CONCERNS WHICH WE HAVE JUST DISCUSSED.

MR BAKER. MR. PRESIDENT, I SUPPORTED PASSAGE OF S. 2150, THE SOLID WASTE UTILIZATION ACT, WHEN IT WAS BEFORE THE SENATE IN JUNE. I SAID THEN THAT ALTHOUGH I WAS NOT CONVINCED OF THE NEED FOR AN EXPANDED FEDERAL PROGRAM IN THIS AREA, I BELIEVED THERE WERE ENOUGH USEFUL FEATURES IN THE LEGISLATION TO JUSTIFY PASSAGE OF THE BILL.

I AM OF THE SAME OPINION TODAY. S. 2150 AS SENT BACK TO THE SENATE FROM THE HOUSE IS VERY SIMILAR TO THE BILL WE PASSED. IT MINIMIZES FEDERAL REQUIREMENTS EXCEPT IN THE CONTROL OF HAZARDOUS WASTES. IT PROVIDES NEEDED TECHNICAL AND FINANCIAL ASSISTANCE TO STATES AND THEIR POLITICAL SUBDIVISIONS. IT CONTINUES FEDERAL ACTIVITIES IN RESEARCH AND DEVELOPMENT AREAS.

THE BILL BEFORE US TODAY ALSO RETAINS TWO PROVISIONS WHICH I FELT WERE IMPORTANT IN THE SENATE BILL. ONE REQUIRES EPA TO GIVE ADVANCE NOTICE TO THE APPROPRIATE CONGRESSIONAL COMMITTEES BEFORE PUBLISHING ANY INFORMATION OR GUIDELINES. THIS IS NOT A PROVISION FOR CONGRESSIONAL APPROVAL OR VETO. IT SIMPLY ASSURES THAT CONGRESS WILL BE INFORMED OF EPA'S INTENTIONS AND ACTIVITIES.

THE SECOND PROVISION REQUIRES EPA TO DESCRIBE THE FULL RANGE OF TECHNOLOGICAL AND NONTECHNOLOGICAL ALTERNATIVES LIKELY TO MEET SOLID WASTE MANAGEMENT NEEDS OF A STATE OR COMMUNITY. IT PROHIBITS ANY EPA EMPLOYEE IN AN OFFICIAL CAPACITY FROM ADVOCATING RESOURCE RECOVERY OR RESOURCE CONSERVATION AS THE POLICY BASIS FOR ORDINANCES, CODES, REGULATIONS, OR LAW. THE MODIFICATION OF SENATE LANGUAGE BY THE HOUSE CLARIFIES THAT THE PROVISION IS NOT INTENDED TO HAMPER THE AGENCY'S ABILITY TO PROVITE TECHNICAL ASSISTANCE, ADVICE, AND INFORMATION TO STATES OR LOCAL COMMUNITIES.

MR. PRESIDENT, BECAUSE OF THE SIMILARITY OF THE HOUSE AND SENATE-PASSED VERSION OF S. 2150, I BELIEVE IT ADVISABLE TO ENACT THE BILL BEFORE US. THE HOUSE INTERSTATE AND FOREIGN COMMERCE COMMITTEE WORKED VERY CLOSELY WITH THE SENATE PUBLIC WORKS COMMITTEE TO ARRIVE AT THE MEASURE WE WILL VOTE ON. THE TEXT WAS SUBSTITUTED ON THE FLOOR FOR THE BILL REPORTED BY THE HOUSE COMMITTEE.

I BELIEVE THE BILL IS MODEST AND WORTHSHILE AND SUPPORT ITS PASSAGE.

MR. STAFFORD' MR. PRESIDENT, IT IS INDEED GRATIFYING AT THIS TIME OF YEAR TO SEE AGREEMENT REACHED ON ISSUES CAREFULLY CONSIDERED OVER MANY MONTHS. S. 2150, THE RESOURCE RECOVERY AND RESOURCE CONSERVATION ACT NOW BEFORE THE SENATE IS THE RESULT OF SUCH AGREEMENT.

THE SENATE PASSED S. 2150 LAST JUNE, AFTER MANY DAYS OF HEARINGS AND MARK-UP BY THE PUBLIC WORKS COMMITTEE. I WAS PLEASED WITH THE SUBSTANCE OF THAT LEGISLATION AS, I BELIEVE, WERE ALL THE MEMBERS OF THE COMMITTEE.

THE BILL PROVIDED NEEDED FEDERAL ENCOURAGEMENT AND ASSISTANCE TO STATE AND COMMUNITY SOLID WASTE PROGRAMS WITHOUT ESTABLISHING A NEW REGULATORY PROGRAM. A FEDERAL PROGRAM TO CONTROL HAZARDOUS WASTES WAS SET UP, BUT STATES WERE GIVEN THE CHANCE TO PLAN FOR AND IMPLEMENT ITS REQUIREMENTS.

OPEN DUMPS, WHICH POSE THREATS TO DRINKING WATER AND ARE BREEDING GROUNDS FOR DISEASE WERE BANNED, AND ASSISTANCE WAS PROVIDED FOR FINDING ALTERNATIVE MEANS OF DISPOSAL.

MOST IMPORTANT, IN MY OPINION, WAS ESTABLISHMENT OF THE PRINCIPLE THAT THE FEDERAL GOVERNMENT WILL SUPPORT AND ENCOURAGE ALL PROMISING APPROACHES TO SOLID WASTE MANAGEMENT IN AN EVENHANDED MANNER. THE BILL MADE CLEAR THAT METHODS TO REDUCE THE AMOUNTS OF WASTE GENERATED AS WELL AS TECHNOLOGIES TO RECYCLE USED MATERIAL WERE TO BE PURSUED.

STATES AND COMMUNITIES WERE TO BE ON NOTICE THAT THEY COULD SELECT METHODS BEST SUITED TO THEIR DISPOSAL NEEDS AND LOOK TO THE FEDERAL GOVERNMENT FOR TECHNICAL AND FINANCIAL ASSISTANCE IN PLANNING AN IMPLEMENTING A SYSTEM.

I AM PLEASED TO SAY THAT S. 2150 AS PASSED BY THE OTHER BODY AND RETURNED TO THE SENATE INCLUDES ALL OT THE FEATURES I HAVE MENTIONED. WHILE THE FORM OF SOME OF THE SECTIONS AND MECHANISMS TO ACHIEVE CERTAIN GOALS MAY VARY, THE SUBSTANCE OF THE HOUSE PASSED BILL IS VERY CLOSE TO THE SENATE VERSION.

COOPERATION BETWEEN THE HOUSE INTERSTATE AND FOREIGN COMMERCE COMMITTEE AND THE SENATE PUBLIC WORKS COMMITTEE HAS MADE POSSIBLE ENACTMENT OF REPONSIBLE SOLID WASTE LEGISLATION BY THIS CONGRESS'

THE BILL NOW BEFORE THE SENATE IS EVENHANDED IN DEALING WITH VARIOUS APPROACHES TO SOLID WASTE MANAGEMENT. IT ENCOURAGES BETTER STATE AND LOCAL PLANNING. IT SUPPORTS FEDERAL RESEARCH AND DEMONSTRATION, AND IT PROVIDES FOR A NATIONAL PROGRAM TO CONTROL DISPOSAL OF HAZARDOUS WASTES.

S. 2150 MAKES CLEAR THAT THE FEDERAL GOVERNMENT SHOULD PLAY A LEADING ROLE IN USING RECYCLED RESOURCES AND DEMONSTRATING PROMISING TECHNOLOGICAL AND NONTECHNOLOGICAL METHODS OF REDUCING AMOUNTS OF SOLID WASTE WHICH MUST ULTIMATELY BE DISPOSED OF.

MR. PRESIDENT. I SHOULD COMMENT AT THIS POINT THAT I THINK IT MOST APPROPRIATE THAT THE ENVIRONMENTAL PROTECTION AGENCY ON SEPTEMBER 21 ISSUED FINAL GUIDELINES FOR BEVERAGE CONTAINERS USED ON FEDERAL FACILITIES. I BELIEVE THE EXPERIENCE FROM REGULATIONS OF THIS SORT WILL BE VALUABLE IN DETERMINING THE PRACTICALITY OF ADOPTING SIMILAR PROGRAMS ON A BROADER SCALE.

IN CLOSING, I WOULD LIKE TO POINT OUT THAT COOPERATION BETWEEN THE HOUSE INTERSTATE AND FOREIGN COMMERCE COMMITTEE AND THE SENATE PUBLIC WORKS COMMITTEE HAS MADE POSSIBLE ENACTMENT OF RESPONSIBLE SOLID WASTE LEGISLATION BY THIS CONGRESS, I AM PLEASED THAT WE WERE ABLE TO REACH SO SATISFACTORY AN ACCOMMODATION WITH OUR COLLEAGUES IN THE OTHER BODY.

I ALSO WANT TO REPEAT FOR THE RECORD THAT THE CHAIRMAN OF THE PUBLIC WORKS COMMITTEE, THE DISTINGUISHED SENIOR SENATOR FROM WEST VIRGINIA, IS LARGELY RESPONSIBLE FOR BRINGING THIS LEGISLATION INTO BEING. HIW UNTIRING EFFORTS, HIS PATIENCE, AND HIS WILLINGNESS TO ACCOMMODATE DIVERGENT VIEWS HAS MADE THIS BILL POSSIBLE.

I AM PLEASED TO JOIN WITH MY CHAIRMAN IN GIVING FULL SUPPORT TO SENATE PASSAGE OF S' 2150, THE RESOURCE RECOVERY AND RESOURCE CONSERVATION ACT OF 1976.

MR. RANDOLPH. MR. PRESIDENT, I MOVE THAT THE SENATE CONCUR IN THE HOUSE AMENDMENTS.

THE PRESIDING OFFICER. THE QUESTIONIS ON AGREEING TO THE MOTION.

THE MOTION WAS AGREED TO.

COPYRIGHT LAW REVISION -- CONFERENCE REPORT

THE SENATE CONTINUED WITH THE CONSIDERATION OF THE CONFERENCE REPORT ON THE BILL (S'22) FOR THE GENERAL REVISION OF THE COPYRIGHT LAW, TITLE 17 OF THE UNITED STATES CODE, AND FOR OTHER PURPOSES.

MR GRIFFIN. MR PRESIDENT, I ASK FOR THE YEAS AND NAYS ON THE ADOPTION OF THE CONFERENCE REPORT ON THE COPYRIGHT LAW

THE PRESIDING OFFICER. IS THERE A SUFFICIENT SECOND? THERE IS A SUFFICIENT SECOND.

THE YEAS AND NAYS WERE ORDERED.

THE PRESIDING OFFICE. THE QUESTION IS ON AGREEDING TO THE CONFERENCE REPORT' ON THIS QUESTION THE YEAS AND NAYS HAVE BEEN ORDERED, AND THE CLERK WILL CALL THE ROLL.

THE ASSISTANT LEGISLATIVE CLERK CALLS THE ROLL.

MR. ROBERT C. BYRD. I ANNOUNCE THAT THE SENATOR FROM TEXAS (MR. BENTSEN), THE SENATOR FROM FLORIDA (MR. CHILES1, THE SENATOR FROM IDAHO (MR. CHURCH), THE SENATOR FROM MICHIGAN (MR. PHILIP A. HART), THE SENATOR FROM INDIANA )MR. HARTKE), THE SENATOR FROM MASSACHUSETTS (MR. KENNEDY), THE SENATOR FROMLWYOMING (MR. MCGEE), THE SENATOR FROM MINNESOTA (MR. MONDALE), THE SENATOR FROM NEW MEXICO (MR. MONTOYA), THE SENATOR FROM LOUISIANA (MR. LONG), THE SENATOR FROM CONNECTICUT (MR. RIBICOFF), AND THE SENATOR FROM ALABAMA (MR. SPARKMAN) ARE NECESSARILY ABSENT.

I FURTHER ANNOUNCE THAT, IF PRESENT AND VOTING, THE SENATOR FROM CONNECTICUT (MR. RIBICOFF) WOULD VOTE "YEA".

MR. GRIFFIN. I ANNOUNCE THAT THE SENATOR FROM MARYLAND (MR. BEALL), THE SENATOR FROM OKLAHOMA (MR. BELLMON) THE SENATOR FROM NEW YORK (MR BUCKLEY), THE SENATOR FROM KANSAS )MR. STAFFORD), THE SENATOR FROM ALASKA (MR. STEVENS), THE SENATOR FROM OHIO (MR. TAFT), AND THE SENATOR FROM SOUTH CAROLINA (MR. THURMOND) ARE NECESSARILY ABSENT.

I ALSO ANNOUNCE THAT THE SENATOR FROM VIRGINIA (MR. WILLIAM L' SCOTT) IS ABSENT ON OFFICIAL BUSINESS.

I FURTHER ANNOUNCE THAT IF PRESENT AND VOTING, THE SENATOR FROM SOUTH CAROLINA (MR. THURMOND) WOULD VOTE "YEA". THE RESULT WAS ANNOUNCED -- YEAS 76 NAYS 0, AS FOLLOWS:

(ROLLCALL VOTE NO. 681 LEG.) YEAS -- 76

ABOUREZK

ALLEN

BAKER

BARTLETT

BAYH

BIDEN

BROCK

BROOKE

BUMPERS

BURDICK

BYRD, HARRY F. JR'

BYRD, ROBERT C.

CANNON

CASE

CLARK

CRANSTON

CULVER

CURTIS

DOMENICI

DURKIN

EAGLETON

ENSTLAND

FANNIN

FONG

FORD

GARN

GOLDWATER

GRAVEL

GRIFFIN

HANSEN

HART, GARY

HASKELL

HATFIELD

HATHAWAY

HELMS

HOLLINGS

HRUSKA

HUDDLESTON

HUMPHREY

JACKSON

JAVITS

JOHNSTON

LAXALT

LEAHY

MAGNUSON

MATHIAS

MCCLELLAN

MCGUIRE

MCINTYRE

METCALF

MORGAN

MOSS

MUSKIE

NELSON

NUNN

PACKWOOD

PAATORE

PEARSON

PELL

PERCY

PROXMIRE

RANDOLPH

ROTH

SCHWEIKER

SCOTT, HUGH

STENNIS

STEVENSON

STONE

SYMINGTON

TALMADGE

TOWER

TUNNEY

WEICKER

WILLIAMS

YOUNG

RESOURCES CONSERVATION AND RECOVERY ACT OF 1976

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MICROFORM REFILMED; SEE APPENDICES.

MR. ROONEY. MR. SPEAKER, I MOVE THAT THE HOUSE RESOLVE ITSELF INTO THE COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION FOR THE CONSIDERATION OF THE BILL H.R. 14496, TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF MANAGEMENT PLANS AND FACILITIES FOR THE RECOVERY OF ENERGY AND OTHER RESOURCES FROM DISCARDED MATERIALS AND FOR THE SAFE DISPOSAL OF DISCARDED MATERIALS, AND TO REGULATE THE MANAGEMENT OF HAZARDOUS WASTE.

THE SPEAKER. THE QUESTION IS ON THE MOTION OFFERED BY THE GENTLEMAN FROM WASHINGTON.

THE MOTION WAS AGREED TO.

IN THE COMMITTEE OF THE WHOLE

ACCORDINGLY THE HOUSE RESOLVED ITSELF INTO THE COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION FOR THE CONSIDERATION OF THE BILL H.R. 14496, WITH MR. MCKAY IN THE CHAIR.

THE CLERK READ THE TITLE OF THE BILL.

BY UNANIMOUS CONSENT, THE FIRST READING OF THE BILL WAS DISPENSED WITH.

THE CHAIRMAN. UNDER THE RULE, THE GENTLEMAN FROM PENNSYLVANIA (MR. ROONEY) WILL BE RECOGNIZED FOR 30 MINUTES, AND THE GENTLEMAN FROM MICHIGAN (MR. ESCH) WILL BE RECOGNIZED FOR 30 MINUTES.

THE CHAIR NOW RECOGNIZES THE GENTLEMAN FROM PENNSYLVANIA (MR. ROONEY).

MR. ROONEY. MR. CHAIRMAN, WE HAVE BEFORE US TODAY A BILL WHICH FOR THE FIRST TIME WILL ENABLE US TO TAKE ACTION TO PREVENT THE CONTAMINATION OF OUR AIR, WATER, AND LAND BY SUBSTANCES WHICH CAN CAUSE SERIOUS DAMAGE TO HUMAN HEALTH AND TO THE ENVIRONMENT.

OF THE 2.8 BILLION TONS OF WASTE GENERATED IN THIS COUNTRY EVERY YEAR, 23 MILLION TONS HAVE ALREADY BEEN IDENTIFIED BY THE ENVIRONMENTAL PROTECTION AGENCY AS POTENTIALLY HAZARDOUS. EXPERTS IN THE FIELD REGARD THAT ESTIMATE AS FAR BELOW THE ACTUAL AMOUNT OF HAZARDOUS WASTE BEING GENERATED AND DISPOSED OF WITHOUT REGARD FOR THE SAFETY OF THE PUBLIC HEALTH OR THE ENVIRONMENT. AT PRESENT EPA LACKS THE AUTHORITY TO PROTECT HEALTH AND THE ENVIRONMENT FROM THESE OFTEN LETHAL SUBSTANCES WHICH ARE DUMPED ON THE LAND INDISCRIMINATELY OR DISPOSED OF IN THE NEAREST LANDFILL WITHOUT REGARD TO THE PRESENCE OF UNDERGROUND WATER SUPPLIES OR THE DANGER OF POISONING BY CONTACT.

TO PROTECT PUBLIC HEALTH AND THE ENVIRONMENT FROM THESE WASTES, THIS BILL ESTABLISHES REGULATORY AUTHORITY OVER DISPOSAL OF THE WASTES WHILE MAINTAINING THE FREEDOM OF INDUSTRY TO PRODUCE THEM, SINCE THEY ARE OFTEN UNAVOIDABLE BY-PRODUCTS OF THE MANUFACTURING PROCESS.

THE BILL DOES, HOWEVER, PROVIDE A SYSTEM FOR IDENTIFYING THESE DANGEROUS WASTES AND TRACKING THEM IN COMMERCE TO THEIR FINAL DISPOSITION. THIS LEGISLATION WILL INSURE THAT THESE WASTES ARE DEPOSITED ONLY WHERE THEY WILL POSE NO THREAT TO HUMAN HEALTH OR THE ENVIRONMENT BY REQUIRING THAT HAZARDOUS WASTE DISPOSAL SITES INCLUDE ENVIRONMENTAL SAFEGUARDS AND RECEIVE A PERMIT TO ACCEPT HAZARDOUS WASTES.

ALTHOUGH HAZARDOUS WASTES ARE AN IMPORTANT CONSIDERATION UNDER THIS BILL THEY ARE NOT THE ONLY WASTE MATERIAL PROBLEM WE FACE. EACH YEAR APPROXIMATELY 3 BILLION TONS OF MATERIALS ARE DEPOSITED ON THE LAND WITH LITTLE IF ANY ENVIRONMENTAL PLANNING OR CONTROL. LOCAL GOVERNMENTS ARE HARD PRESSED TO DEAL WITH THE GROWING MOUNTAINS OF TRASH AS LAND AVAILABLE FOR WASTE DISPOSAL BECOMES SCARCE AND EXPENSIVE.

THIS BILL PROVIDES FEDERAL GRANT MONEY TO THE STATES AND LOCAL GOVERNMENTS SO THEY WILL JOINTLY SEARCH FOR SOLUTIONS TO THEIR WASTE DISPOSAL PROBLEMS ON A REGIONAL BASIS WHICH IS MORE EFFECTIVE THAN THE "EVERY MAN FOR HIMSELF" APPROACH WHICH HAS CAUGHT 50 OF OUR LARGEST CITIES WITHOUT ENOUGH DISPOSAL CAPACITY TO MEET THEIR NEEDS.

RESOURCES CONSERVATION AND RECOVERY ACT OF 1976

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PART 002 OF 36

HOUSE OF REPRESENTATIVES

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CONGRESSIONAL RECORD

HOUSE

MICROFORM REFILMED; SEE APPENDICES.

THIS BILL PROVIDES THAT ALL OPEN DUMPS, THOSE PITS AND PILES WHICH BREED FLIES, RATS, AND DISEASE WILL BE CLOSED SO THAT ADVENTUROUS CHILDREN WILL NO LONGER SUFFER THEIR DANGERS AND THE ENVIRONMENT WILL NO LONGER SUFFER THEIR DEGRADATION.

WHILE THESE ARE STRONG MEASURES, THIS BILL IS NOT MERELY PROSCRIPTIVE. IT IS PRESCRIPTIVE AS WELL. IT PROVIDES EPA THE AUTHORITY TO ASSIST COMMUNITIES IN ESTABLISHING RESOURCE RECOVERY SYSTEMS WHICH CAN RETRIEVE FROM WASTE, STEEL, ALUMINUM, PAPER, AND OTHER VALUABLE COMPONENTS, AS WELL AS ENERGY. IT DIRECTS THE DEPARTMENT OF COMMERCE TO ENCOURAGE INDUSTRY TO RECOGNIZE THESE RECOVERED COMPONENTS AS A VALUABLE URBAN ORE. IT ALSO DIRECTS FEDERAL AGENCIES TO REVIEW THEIR PROCURMENT SPECIFICATIONS AND TO ESTABLISH A PREFERENCE FOR RECOVERED MATERIALS WHERE THEIR USE WILL NOT AFFECT PRODUCT PERFORMANCE.

IN THIS WAY IT IS HOPED THAT THE ALTERNATIVES TO LANDFILL WILL BE ADOPTED BY LOCAL GOVERNMENTS AND THAT THIS FLEDGING RESOURCE RECOVERY INDUSTRY WILL CREATE MANY NEW JOBS. FEDERAL LEADERSHIP IN THE PURCHASE OF GOODS MADE WITH RECOVERED MATERIALS SHOULD SPUR STATE AND LOCAL GOVERNMENTS AND PRIVATE INDUSTRY TO GREATER USE OF THESE MATERIALS, PROVIDING A MARKET FOR RECOVERED RESOURCES AND SLOWING THE DRAIN OF THIS NATION'S FINITE VIRGIN RESOURCES.

THIS LEGISLATION IS DESPERATELY NEEDED IF WE ARE TO END THE POLLUTION OF THE UNDERGROUND WATER WHICH SUPPLIES 50 PERCENT OF OUR POPULATION WITH DRINKING WATER. IT IS NEEDED IF THE STATES AND LOCAL GOVERNMENTS ARE TO SUCCESSFULLY DEAL WITH THE GROWING PROBLEM OF WASTE DISPOSAL AND IF WE ARE TO AVOID MAJOR FEDERAL EXPENDITURES FOR SOLID WASTE MANAGEMENT. IT IS NECESSARY IF WE ARE TO AVOID DIRECTLY INTERFERING WITH THE PRODUCTIVE PROCESS OF THIS NATION IN THE INTEREST OF REDUCING THE AMOUNT OF WASTE GENERATED.

VIRTUALLY ALL OF THE GROUPS AFFECTED BY THE GROWING SOLID WASTE PROBLEM ARE IN SUPPORT OF THIS BILL. THE INDUSTRIES WHO GENERATE INDUSTRIAL WASTES; THE UNIONS WHOSE MEMBERS DEPEND ON THOSE INDUSTRIES FOR JOBS AND WHOSE LIFESTYLE CONTRIBUTES TO THE INCREASING VOLUME OF POST-CONSUMER WASTES; THE ENVIRONMENTAL GROUPS THE STATE AND LOCAL GOVERNMENTS WHO HAVE TRADITIONALLY BORNE THE RESPONSIBILITIES FOR SOLID WASTE MANAGEMENT -- ALL THESE GROUPS SUPPORT THIS LEGISLATION. I ASK MY COLLEAGUES TO THE HOUSE TO LIKEWISE SUPPORT THIS LEGISLATION.

MR. ROONEY. MR. CHAIRMAN. I RESERVE THE BALANCE OF MY TIME.

THE CHAIRMAN. THE CHAIR RECOGNIZES THE GENTLEMAN FROM KANSAS (MR. SKUBITZ).

MR. SKUBITZ. MR. CHAIRMAN. I RISE IN SUPPORT OF THIS BILL.

MR. CHAIRMAN, THIS LEGISLATION REPRESENTS WORK THAT HAS BEEN UNDERTAKEN BY THE COMMITTEE NOT ONLY IN THIS CONGRESS, BUT IN THE LAST CONGRESS AS WELL. IN THE LAST CONGRESS, THE SUBCOMMITTEE HEADED BY THE DISTINGUISHED MEMBER FROM FLORIDA, MR. ROGERS, CONDUCTED NUMEROUS HEARINGS ON THE SUBJECT OF SOLID WASTE. DURING THIS CONGRESS, THE DISTINGUISHED SUBCOMMITTEE CHAIRMAN, MR. ROONEY, AND MYSELF CONDUCTED HEARINGS DURING THE FIRST SESSION OF THE CONGRESS CONCERNING WHAT SHOULD BE DONE TO STRENGTHEN SOLID WASTE LEGISLATION. LAST SPRING, WE HELD A SYMPOSIUM AT THE LIBRARY OF CONGRESS WHICH INCLUDED EXPERTS IN ALL OF THE FIELDS RELATED TO SOLID WASTE DISPOSAL AND SOLID WASTE MANAGEMENT.

THE LEGISLATION NOW BEFORE US REPRESENTS THE CULMINATION OF SEVERAL YEARS OF STUDY INVOLVING THE MATTER OF RESOURCE CONSERVATION AND RECOVERY. I AM PLEASED TO SAY THAT THIS PARTICULAR BILL HAS THE FULL ENDORSEMENT OF THE ADMINISTRATION AND THE CHAIRMAN OF THE SUBCOMMITTEE IS TO BE CONGRATULATED FOR HIS PAINSTAKING WORK WITH THE OFFICE OF MANAGEMENT AND BUDGET, ASSURING A PIECE OF LEGISLATION WHICH WILL NOT BE VETOED.

I REALIZE THAT THERE MAY BE SOME MEMBERS WHO WILL BE CONCERNED ABOUT THE FACT THAT FLOOR ACTION ON THIS MEASURE IS TAKING PLACE AT SUCH A LATE DATE. IN SOME WAYS, I, TOO, SHARE THEIR CONCERN. I SHARE THE CONCERN BECAUSE I FEAR THAT SOME MEMBERS MAY FEEL THAT THE COMMITTEE ACTION ON THIS BILL WAS TAKEN TO HASTE. THAT IS NOT THE CASE. THE COMMITTEE ACTION ON THIS BILL WAS AFTER DUE DELIBERATION AND CAREFUL CONSIDERATION. THE FACT THAT THE LEGISLATION IS ON THE FLOOR AT THIS 11TH HOUR SIMPLY MEANS THAT PAINSTAKING CARE WAS EXERCISED IN THIS DEVELOPMENT. THAT PAINSTAKING CARE HAS RESULTED IN A PIECE OF LEGISLATION WHICH WILL HAVE FAR-REACHING EFFECT ON AMERICA AND IS ACCEPTED BY ALL OF THOSE WHO WILL BE AFFECTED BY THE LEGISLATION.

STATE GOVERNMENTS WERE CONSULTED BEFORE THE STATE PLANS PROVISIONS WERE WRITTEN INTO THIS BILL; COUNTY AND LOCAL GOVERNMENTS WERE CONSULTED SO AS TO BENEFIT FROM THEIR EXPERIENCE IN THE MATTER OF SOLID WASTE. IN ADDITION TO THAT, LEADERS OF INDUSTRY WERE CALLED IN TO EVALUATE THE BEST WAY FOR US TO REGULATE THE HAZARDOUS WASTE MATERIALS GENERATED BY INDUSTRY.

THE BILL REPRESENTS THE MOST COMPREHENSIVE PIECE OF ENVIRONMENTAL LEGISLATION TO BE CONSIDERED BY THIS CONGRESS. IT IS TRUE THAT SINCE 1965, THERE HAS BEEN A SOLID WASTE DISPOSAL ACT. THE FEDERAL GOVERNMENT'S ROLE, HOWEVER, IN THAT SOLID WASTE DISPOSAL ACT HAS BEEN EXTREMELY LIMITED. EPA COULD ISSUE GUIDELINES AND ISSUE PUBLICATIONS, BUT THEY COULD NOT ISSUE ANY REGULATIONS. CONSEQUENTLY, THE STATE OF SOLID WASTE IS WORSE TODAY THAN IT WAS WHEN THAT ACT BECAME LAW IN 1965.

UNDER THIS BILL, THERE IS CREATED IN EPA AN OFFICE OF SOLID WASTE MANAGEMENT. THAT OFFICE IS GIVEN HIGH VISIBILITY AND A DEPUTY ASSISTANT ADMINISTRATOR IS PLACED IN CHARGE OF THE OFFICE. THE OFFICE IS ALSO GIVEN POWER TO ISSUE REGULATIONS. THE REGULATIONS FALL BASICALLY INTO TWO BROAD CATEGORIES: FIRST, THE ACCEPTANCE OF STATE PLANS WHICH ARE SPELLED OUT IN TITLE 4 OF THE BILL. THE STATE PLANS MUST INCLUDE PROVISIONS WHICH ELIMINATE OPEN DUMPS WITHIN A PERIOD OF 5 YEARS. MOREOVER, THE STATE PLANS MUST INCLUDE PROVISIONS WHICH WILL ASSURE THAT LANDFILL OPERATIONS ARE IN FACT SANITARY; AND SECOND, CONTROL OF HAZARDOUS WASTES DISPOSAL. MANY MANUFACTURING COMPANIES IN THIS COUNTRY HAVE HAZARDOUS WASTES AS A BY-PRODUCT OF THEIR OPERATIONS.

FOR EXAMPLE, IN THE STEEL INDUSTRY, ARSENIC IS A BYPRODUCT THAT HAS NO USE AND MUST BE DISPOSED OF. SINCE WE HAVE PREVIOUSLY REGULATED WITH GREAT STRICTNESS THE QUALITY OF THE AIR AND THE QUALITY OF OUR WATER, THE USUAL METHODS OF DISPOSAL BECAME OBSOLETE. MANUFACTURERS THEN BEGAN TO DISPOSE THESE DANGEROUS CHEMICALS AND DANGEROUS BYPRODUCTS ON THE GROUND. NATURALLY, THAT LEAD TO SEEPAGE INTO OUR WATER SUPPLY AND IN MANY CASES CONTAMINATED THE AIR. THE ONE BIG LOOPHOLE IN THE ENVIRONMENTAL LEGISLATION WAS THE DISPOSAL OF SOLID WASTE.

UNDER THIS BILL, STATES CAN TAKE OVER THE ENFORCEMENT OF THE HAZARDOUS WASTE DISPOSAL PROGRAM. HOWEVER, THE HAZARDOUS WASTE DISPOSAL PROGRAM MUST INCLUDE SAFEGUARDS TO MAKE CERTAIN THAT ALL DISPOSAL IS CONDUCTED IN A SAFE MANNER. TO INSURE THAT SUCH DISPOSAL IS CONDUCTED IN A SAFE MANNER, THERE IS THE REQUIREMENT THAT PERMITS BE ISSUED TO DISPOSERS OF HAZARDOUS SOLID WASTES.

IN ADDITION TO THE PERMITS TO DISPOERS OF HAZARDOUS WASTE, THERE IS THE REQUIREMENT THAT A MANIFEST SYSTEM BE DEVELOPED SO THAT A CLEAR TRAIL CAN BE ESTABLISHED FOR THE MOVEMENT OF HAZARDOUS WASTE FROMTE SITE OF ORIGIN TO THE SITE OF DISPOSAL. I MIGHT ADD THAT AT THIS TIME THERE ARE ABOUT 224 DISPOSERS OF HAZARDOUS SOLID WASTE IN THE COUNGRY.

IN ADDITION TO THE REGULATORY POWER GIVEN TO EPA WITH REGARD TO SOLID WASTE, THIS BILL ESTABLISHES A ROLE FOR THE DEPARTMENT OF COMMERCE. THE DEPARTMENT'S ROLE WOULD BE TO ENCOURAGE GREATER USE OF RECYCLED MATERIALS IN THE PRODUCTS THAT WE USE ON A DAY-TO-DAY BASIS. IN ADDITION, THE DEPARTMENT WOULD BE ENCOURAGED TO HELP PRIVATE COMPANIES DEVELOP EFFECTIVE MEANS FOR RECOVERING OUR VALUABLE RESOURCES FROM THE WASTE STREAM THAT IS GENERATED IN THE COUNTRY.

IN ADDITION, THE BILL REQUIRES THAT THE FEDERAL GOVERNMENT IN ITS PROCUREMENT POLICIES GIVE A GREATER PREFERENCE TO THE PURCHASE OF GOODS AND MATERIALS UTILIZING RECYCLED MATERIALS. HERE IS AN OPPORTUNITY FOR THE FEDERAL GOVERNMENT TO ASSERT A LEADERSHIP ROLE IN CHANGING THE CONSUMPTION OF VIRGIN MATERIALS NOW FOLLOWED BY THE COUNTRY. WITH THE ENACTMENT OF THIS LEGISLATION, WE WILL BEGIN TO PLACE A HIGHER VALUE ON THE USE OF SECONDARY MATERIALS RATHER THAN PRIMARY MATERIALS IN THE PRODUCTS WE USE.

MR. CHAIRMAN, THIS LEGISLATION HAS A COMPANION BILL IN THE SENATE, S. 2150. THE MAJOR DIFFERENCES BETWEEN THE TWO BILLS ARE, IN MY JUDGMENT, STYLISTIC. OUR LEGISLATION WAS WRITTEN AS A FREESTANDING PIECE OF NEW LEGISLATION. THE SENATE, FOR REASONS OF COMMITTEE JURISDICTION, AMENDED THE 1965 SOLID WASTE DISPOSAL ACT.

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SINCE WE ARE NOW IN THE 11TH HOUR OF THIS CONGRESS, WE HAVE DECIDED TO DO ALL THAT IS POSSIBLE TO AVOID HAVING TO HAVE A CONFERENCE WITH THE SENATE. THEREFORE, THE CHAIRMAN AND I HAVE PREPARED AN AMENDMENT WHICH WOULD RESTYLE OUR BILL TO MAKE IT AN AMENDMENT TO THE 1965 SOLID WASTE DISPOSAL ACT. IN ADDITION, WE HAVE ADOPTED SOME PROVISIONS CONTAINED IN THE SENATE BILL WHICH WERE NOT INCLUDED IN THE HOUSE MEASURE.

THE SENATE'S "SOLID WASTE" TERMINOLOGY WAS AGREED TO BE USED INSTEAD OF THE HOUSE'S "DISCARDED MATERIALS" TERMINOLOGY.

THE SENATE DEFINITIONS OF SOLID WASTE AND SOLID WASTE MANAGEMENT HAVE BEEN INCLUDED.

ALTHOUGH THE BASIC HOUSE MECHANISM FOR STATE PLANS AND FINANCIAL ASSISTANCE WERE RETAINED, STATES WERE GIVEN AN OVERALL TERM OF 5 YEARS TO CLOSE ALL OPEN DUMPS.

AN ADDITONAL AUTHORIZATION OF 25 MILLION DOLLARS FOR EACH OF FISCAL YEAR'S 1978 AND 1979 FOR EQUIPMENT AND CONSTRUCTION IN RURAL AREAS WAS INCLUDED.

STATE GRANT AUTHORIZATIONS WERE RAISED BY 5 MILLION DOLLARS FOR EACH OF FISCAL YEARS 1978 AND 1979. THIS MONEY CAN BE USED FOR ENGINEERING SURVYES, MARKET STUDIES, AND SIMILAR PROJECTS BY IT CANNOT BEUSED FOR CONSTRUCTION OR LAND PURCHASE.

ANTITRUST EXEMPTIONS WERE DROPPED.

THE JUSTICE DEPARTMENT WILL COMMENCE ALL SUITS.

FEDERAL FACILITIES WILL BE SUBJECT TO STATE LAW AND REGULATION.

TRADITIONAL REVIEW PROCEDURES WERE MADE CONSISTENT WITH THE CLEAN AIR AND CLEAN WATER ACTS.

AN INTERAGENCY COMMITTEE TO CONDUCT A RESOURCE CONSERVATION STUDY WAS ADDED.

AUTHORIZATIONS FOR GRANTS WERE LOWERED BY 17.5 MILLION DOLLARS, AND 35 MILLION DOLLARS WAS ADDED TO AUTHORIZATIONS RUNNING TO THE ADMINISTRATOR.

I BELIEVE THESE CHANGES ARE MINOR IN NATURE AND ACUTALLY ADD TO THE SUBSTANCE AND WORKABILITY OF THE SOLID WASTE ACT. THEREFORE, I URGE MY COLLEAGUES TO ADOPT THE SUBSTITUTE VERSION OF THE HOUSE BILL AND TO SEND THIS MEASURE TO THE OTHER BODY FOR WHAT WILL UNDOUBTEDLY BE IMMEDIATE APPROVAL AND ENACTMENT OF THIS LEGISLATION INTO LAW.

MR. CHAIRMAN, I YIELD SUCH TIME AS HE MAY REQUIRE TO THE RANKING MINORITY MEMBER OF THE COMMITTEE, THE GENTLEMAN FROM OHIO, MR. DEVINE.

MR. DEVINE. MR. CHAIRMAN, I RISE IN SUPPORT OF THIS BILL WHICH WAS REPORTED FROM OUR COMMITTEE AFTER CONSIDERABLE HARD WORK AND LONG AND FRUITFUL NEGOTIATIONS. THIS BILL, AS REPORTED FROM OUR COMMITTE, HAD THE COMPLETE SUPPORT OF THE ADMINISTRATION AND THE OFFICE OF MANAGMENT AND BUDGET. IN AN EFFORT TO AVOID A CONFERENCE, SOME PROVISIONS FROM THE SENATE BILL HAVE BEEN ADDED, BUT IN MY JUDGMENT IT WILL STILL FALL WITHIN A CATEGORY WHICH CAN BE APPROVED BY THE PRESIDENT.

RESOURCE CONSERVATION AND RECOVERY IS NOT A NEW SUBJECT MATTER FOR MY AREA OF THE COUNTRY. THE CITY OF COLUMBUS HAS BEEN IN THE FOREFRONT OF SOLID WASTE MANAGEMENT. TODAY COLUMBUS HAS A MODEL SSYTEM OF COLLECTION, TRANSFER, AND SHREDING. THERE ARE FOUR GIANT SHREDDERS STATEGICALLY LOCATED IN COLUMBUS, OHIO, SO THAT ALL THE DISCARDED MATERIAL COLLECTED BY THE CITY IS SHREDDED IN A WAY TO MAKE SURE A MINIMUM AMOUNT OF LAND IS USED FOR DISPOSING OF OUR SOLID WASTE.

THIS FALL THE CITIZENS OF COLUMBUS WILL DECIDE WHETHER TO MOVE TO A SECOND STATE IN THE AREA OF SOLID WASTE UTILIZATION. THE SHREDDED MATERIAL NOW AVAILABLE IN COLUMBUS MAKES AN EXCELLENT FUEL FOR PRODUCING ELECTRICITY. IT MAY BE THAT IN THE NEAR FUTURE THE STREET LIGHTS OF COLUMBUS, WHICH ARE NOW SUPPLIED BY THE COLUMBUS MUNICIPAL LIGHT PLANT, WILL BE SUPPLIED BY ELECTRICITY PRODUCED FROM THE BURNING OF SOLID WASTE.

MR. CHAIRMAN, THIS BILL GIVE EPA REGULATORY AUTHORITY OVER SOLID WASTE. IT DOES SO, HOWEVER, IN A MANNER WHICH ASSURES A STRONG ROLE AND CONTROL BY THE STATES. IN MANY WAYS THIS BILL REPRESENTS A MODEL OF FEDERAL-STATE COOPERATION.

I BELIEVE THAT THE TIME FOR ENACTMENT OF A MEANINGFUL SOLID WASTE LAW IS NOW, AND I URGE THE PASSAGE OF THIS BILL.

THE CHAIRMAN. THE CHAIR RECOGNIZES THE GENTLEMAN FROM CALIFORNIA (MR. BROWN).

MR. BROWN OF CALIFORNIA. MR. CHAIRMAN. I RISE IN SUPPORT OF THIS EXCELLENT LEGISLATION. THE SOLID WASTE BILL BROUGHT TO THIS HOUSE BY THE COMMERCE COMMITTEE CONTAINS A SUBSTANTIAL SECTION DEALING WITH RESEARCH AND DEVELOPMENT RELATED TO SOLID WASTE. I JUST WANT TO MAKE A POINT OR TWO BY WAY OF EXPLANATION.

OUR COMMITTEE HELD COMPREHENSIVE HEARINGS ON RESEARCH AND DEVELOPMENT NEEDS, MARKED UP A BILL AND REPORTED IT OUT UNANIMOUSLY FROM THE FULL COMMITTEE. THAT LEGISLATION WAS THEN SENT TO THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE WHERE, IN AN EXAMPLE OF EXCELLENT COOPERATION BETWEEN THE TWO COMMITTEES, AND THE CHAIRMEN OF THE RESPECTIVE SUBCOMMITTEES, MYSELF AND CHAIRMAN ROONEY, AS WELL AS CHARIMAN TEAGUE AND CHAIRMAN STAGGERS, THE RESEARCH AND DEVELOPMENT SECTION WAS INCORPORATED AS A SEPARATE PART OF THE BILL WHICH WE HAVE BEFORE US TODAY. SO MUCH BY WAY OF EXPLANATION OF THE JOINT COMMITTEE ACTION.

I WANT TO COMMEND THIS BILL TO THE CONSIDERATION OF ALL THE MEMBERS AS ILLUSTRATING THE WAY IN WHICH TWO COMMITTEES, MOTIVATED BY A DESIRE TO COOPERATE, CAN ACHIEVE A LAUDABLE GOAL IN THE CONSTRUCTION OF A VITAL PIECE OF LEGISLATION.

NOW I WANT TO MOVE ON TO DESCRIBE IN SOME DETAIL WHY WE NEED THIS BILL. I WILL BEGIN WITH A FEW WORDS ON THE PROBLEM WE ARE ADDRESSING.

MANY KINDS OF WASTE ARE COVERED BY THE TERM "SOLID WASTE." ABOUT 2.3 BILLION TONS OF ALL KINDS OF SOLID WASTE ARE GENERATED EVERY YEAR IN THE UNITED STATES. OF THIS, ABOUT 1,783 MILLION TONS ARE FROM MINING; 687 MILLION TONS ARE AGRICULTURAL; 260 MILLION TONS ARE INDUSTRIAL; 135 MILLION TONS ARE MUNICIPAL; AND 7 MILLION TONS ARE SEWAGE SLUDGE. THESE LAST TWO CATEGORIES USUALLY ATTRACT THE MOST ATTENTION AND PRESENT THE WORST PROBLEM BECAUSE BOTH OUR POPULATIONS AND THE WASTES ARE CONCENTRATED IN THE SAME PLACES. BECAUSE OF THE VOLUME OF MUNICIPAL WASTE GENERATED AND ITS CONCENTRATION, MUNICIPAL LANDFILLS ARE AOUBT TO REACH THEIR CAPACITY.

NATIONALLY, WE SPEND ABOUT 3.5 BILLION DOLLARS TO COLLECT AND DISPOSE OF MUNICIPAL SOLID WASTE. THIS IS THE SECOND LARGEST EXPENDITURE OF OUR NATION'S LARGER CITIES.

A PROBLEM ONE ENCOUNTERS IN DEALING WITH MUNICIPAL SOLID WASTE IS THE EXTREMELY VARIABLE COMPOSITION -- ANY PROCESS FOR HANDLING THE WASTE STREAM MUST BE ABLE TO HANDLE MANY DIFFERENT MATERIASL IN VARIOUS FORMS AND SHAPES. OF COURSE, THIS IS WHY SO MUCH WASTE CONTINUES TO BE MERELY DUMPED OR BURIED.

HOWEVER, ONE CAN ALOS LOOK AT THE SOLID WASTE STREAM AND SAY THAT WHATEVER ITS COMPOSITION, MUCH OF IT IS BURNABLE, OR CAN BE CONVERTED TO FUELS, SO IT REPRESENTS A SOURCE OF ENERGY. THE WASTE STREAM ALSO CONTAINS OTHER VALUABLE MATERIALS -- STEEL AND ALUMINUM TO NAME JUST TWO.

TRADITIONAL METHODS OF DISPOSAL HAVE NOT ONLY IGNORED THE RESOURCES CONTAINED IN THE WASTE STREAM BUT HAVE CAUSED ADVERSE ENVIRONMENTAL IMPACT. FOR EXAMPLE, LAND DISPOAL -- EITHER IN OPEN DUMPS OR IN LANDFILLS -- HAS LED TO CONTAMINATION OF WATER SUPPLIES. THIS OCCURS WHEN RAINWATER FILTERS THROUGH THE DUMP OR LANDFILL AND PICKS UP CONTAMINANTS FROM THE WASTE. THE LEACHED CONTAMINANTS CAN BE, AND IN SOME CASES HAVE BEEN CARRIED ON TO SPRINGS OR TO UNDERGROUND AQUIFERS THUS CONTAMINATING DRINKING WATER SOURCES. CLEARLY ONCE AN AQUIFER IS CONTAMINATED IT IS VERY DIFFICULT TO REVERSE THE PROCESS. SOME WASTE IS BURNED IN INCINERATORS WHICH NOT ONLY WASTES ENERGY BUT ALSO CONTRIBUTES TO AIR POLLUTION. NEVERTHELESS, INCINERATION IS STILL POPULAR BECAUSE IT GREATLY REDUCES THE BULK OF MATERIALS TO BE DISPOSED OF. FINALLY, MANY DUMPS OR LANDFILLS ARE OPERATED IN SUCH A WAY THAT THEY ARE A LOCAL BLIGHT -- ODORS, RATS, AND WINDBLOWN DEBIRS ALL CONTRIBUT TO THIER NEGATIVE ENVIRONMENTAL IMPACT.

RESOURCE RECOVERY IS A CONSTRUCTIVE ALTERNATIVE APPROACH TO TRADITIONAL SOLID WASTE MANAGEMENT METHODS. EXTRACTING REUSEABLE MATERIALS REDUCES THE VOLUME OF WASTE NEEDING DISPOSAL. BURNING THE WASTE IN A WATERWALL INCINERATOR CAN REDUCE THE VOLUME NEEDING DISPOSAL AND ALSO PROVIDE STEAM OR OTHER FORMS OF ENERGY. UNFORTUNATELY, AT THE PRESENT TIME THERE IS A CERTAIN AMOUNT OF TECHNOLOGICAL RISK ASSOCIATED WITH MANY METHODS OF RESOURCE RECOVERY -- THEY DO NOT ALWAYS WORK THE WAY THEY ARE PLANNED. THIS ELEMENT OF TECHNOLOGICAL RISK, COUPLED WITH OTHER RISKS SUCH AS VARIABLE MARKETS FOR SCRAP, OFTEN MAKE IT DIFFICULT FOR A CITY TO OBTAIN FINANCING FOR A RESOURCE RECOVERY OPERATION. ANOTHER TECHNICAL PROBLEM IS THAT MANY SMALLER CITIES DO NOT GENERATE SUFFICIENT TONNAGE OF WASTE TO MAKE RESOURCE RECOVER PRACTICAL USING TODAY'S TECHNOLOGY.

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AT THIS POINT I WOULD LIKE TO DESCRIBE THE MAJOR PROVISIONS OF PART 2 OF THE BILL AND THEN EXPLAIN WHY I FEEL THCY ARE NEEDED. THE BROAD AUTHORITY TO CONDUCT RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS ON SOLID WASTE AND RESOURCE RECOVERY IN THE SOLID WASTE DISPOSAL ACT IS AMENDED BY THIS BILL TO PROVIDE THAT R. D. & D. PROGRAMS BE CARRIED OUT BY EPA IN SEVERAL SPECIFIC AREAS:

ON SMALL-SCALE AND LOW-TECHNOLOGY RESOURCE RECOVERY SYSTESM - THIS WILL HELP THE SMALLER CITIES;

ON METHODS TO IMPROVE THE PERFORMANCE CHARACTERISTICS OF RECOVERED RESOURCES - TO IMPROVE MARKETABILITY;

ON IMPROVEMENTS IN LAND DISPOSAL PRACTICES - TO MAKE LANDFILLS TRULY SANITARY;

ON SLUDGE MANAGEMENT INCLUDING RESOURCE RECOVERY - AN EMERGING PROBLEM AS NEW AIR AND WATER POLLUTION CONTROLS MORE SLUDGES;

ON HAZARDOUS WASTES - TO REDUCE THEIR ENVIRONMENTAL IMPACT; AND

ON ADVERSE EFFECTS ON AIR QUALITY FROM WASTE DISPOSAL OR ENERGY RECOVERY - TO DEVELOP CLEAN WAYS TO BURN WASTES.

THE BILL ALSO HAS SEVERAL OTHER PROVISIONS DESIGNED TO INCREASE THE EFFECTIVENESS OF THE R. D. & D. ACTIVITIES. THE BILL PROVIDES FOR: FIRST. A MANAGEMENT PROGRAM TO INSURE THAT PROMISING INNOVATIONS MOVE SPEEDILY FROM RESEARCH, THROUGH DEVELOPMENT INTO DEMONSTRATION. WE CALL THIS THE "PIPELINE" CONCEPT.

SECOND. COOPERATION BETWEEN EPA AND ERDA ON ENERGY RECOVERY FROM SOLID WASTE.

THIRD. AN INFORMATION PROGRAM TO MAKE RESEARCH RESULTS AVAILABLE.

FOURTH. A SET OF 11 SPECIAL STUDIES TO PROVIDE INPUT TO RESEARCH PLANNING.

FIFTH. LIMITS TO FULL-SCALE DEMONSTRATION PROJECTS.

SIXTH. A MECHANISM FOR COORDINATING OF REGULATORY POLICY AND RESEARCH GOALS WITHIN EPA, SPECIFICALLY AN INTRA-AGENCY COORDINATING COMMITTEE.

TO CARRY OUT THESE PROVISIONS THE BILL AUTHORIZES $10 MILLION IN FISCAL YEARS 1978 AND 1979 FOR THE 11 SPECIAL STUDIES, AND $35 MILLION FOR FISCAL YEAR 1978 FOR THE OTHER ACTIVITIES. IN RELATION TO FUNDING I WOULD LIKE TO SAY THAT WE ARE DEALING HERE WITH A TECHNOLOGY WITH IMMEDIATE PRACTICAL APPLICATIONS. THUS A RELATIVELY SMALL INVESTMENT IN R.D. & D. MAY HAVE A QUICK PAYOFF IN REDUCING THE OPERATING BUDGETS OF OUR TOWNS AND CITIES.

FULL-SCALE DEMONSTRATION PROJECTS ARE EXPECTED TO CONTRIBUTE GREATLY TO THE ELIMINATION OR REDUCTION OF THE TECHNOLOGICAL RISK ASSOCIATED WITH RESOURCE RECOVERY. FOR THIS REASON I WOULD NOW LIKE TO DESCRIBE BRIEFLY THE LIMITS TO FULL-SCALE DEMONSTRATION PROJECTS WHICH ARE CONTAINED IN THE BILL. BECAUSE FULL-SCALE DEMONSTRATIONS ARE VERY COSTLY, THE EPA SHOULD CLOSELY INVESTIAGTE EACH PROPOSED PROJECT BEFORE FUNDING IT. THE BILL STATES THAT A DEMONSTRATION CAN BE FUNDED ONLY IF IT IS TRULY INNOVATIVE, IF IT WILL MEET ALL ENVIRONMENTAL REGULATIONS, IF IT IS NOT LIKELY TO BE CARRIED OUT WITHOUT FEDERAL ASSISTANCE, AND IF THE FEDERAL INTEREST IN THE PROJECT CAN BE APPROPRIATELY DISPOSED OF AT ITS CONCLUSION.

THE BILL FURTHER PROVIDES THAT EPA SHALL SEEK COST SHARING WITH LOCAL AGENCIES, AND SHALL NOT OPERATE SUCH PROJECTS IN-HOUSE. THESE LAST PROVISIONS ARE INTENDED TO INCREASE LOCAL PARTICIPATION IN DEMONSTRATIONS. INTENSIVE LOCAL PARTICIPATION WILL MAKE THE PROJECTS MORE OPEN AND MORE REALISTIC - LESS OF A LABORATORY EXPERIMENT. IN ADDITION, THE BILL PROVIDES THAT ALL OBLIGATIONS OF FUNDS FOR DEMONSTRATION PROJECTS MUST BE COMPLETED IN 10 YEARS. THIS DEADLINE IS INTENDED TO PUT EPA ON NOTICE THAT THEY MUST PLAN FOR A PROGRAM OF FINITE LIFE - AT SOME POINT NORMAL PRIVATE DEVELOPMENT SHOULD TAKE OVER. ON THE OTHER HAND IT DOES NOT DICTATE A WASTEFUL "CRASH" PROGRAM.

I WOULD LIKE TO POINT OUT THAT THE CRITERIA FOR DEMONSTRATION PROGRAMS CONTAINED IN THE PROVISIONS OF THIS BILL ARE VERY CONSISTENT WITH THOSE CONTAINED IN A REPORT ENTITLED "ANALYSIS OF FEDERALLY FUNDED DEMONSTRATION PROJECTS." THIS REPORT WAS DONE BY THE RAND CORP. FOR NATIONAL BUREAU OF STANDARDS EXPERIMENTAL TECHNOLOGY INCENTIVES PROGRAM. THAT RAND STUDY DETERMINED THE CHARACTERISTICS OF SUCCESSFUL FEDERAL DEMONSTRATION PROJECTS, AND THEIR FUNDINGS AGREE WELL WITH THE GUIDELINES PROVIDED IN THIS BILL.

THE GOVERNMENT OPERATIONS COMMITTEE HELD OVERSIGHT HEARINGS ON SOLID WASTE EARLIER THIS YEAR AND ISSUED A REPORT ENTITLED "SOLID WASTE - MATERIALS AND ENERGY RECOVERY; 25TH REPORT BY THE COMMITTEE ON GOVERNMENT OPERATIONS, JUNE 30, 1976." THIS BILL IS COMPLETELY CONSISTENT WITH THE FINDINGS AND RECOMMENDATIONS IN THAT REPORT. IN FACT, ONE OF THEIR STRONGEST RECOMMENDATIONS CALLS FOR CLOSE COORDINATION BETWEEN EPA AND ERDA, AND THIS IS SPECIFICALLY PROVIDED FOR IN THE NEW PARAGRAPH 204(B)(1) OF THE SOLID WASTE DISPOSAL ACT. ONE MIGHT THEREFORE SAY THAT THIS BILL IS SUPPORTED BY THE WORK OF THREE COMMITTEES -COMMERCE, SCIENCE, AND GOVERNMENT OPERATIONS.

ONE FINAL POINT SHOULD BE MADE. THE RESEARCH PROGRAM IN PART 2 OF THE BILL IS SUPPORTIVE OF THE REGULATORY PROVISIONS IN PART I. THE COMMERCE PART OF THE BILL REGULATES DISPOSAL OF HAZARDOUS WASTES AND OUR PART OF THE BILL PROVIDES FOR A BACKUP RESEARCH PROGRAM. SIMILARLY, THE COMMERCE BILL PROVIDES FOR A BAN ON OPEN DUMPING AND UPGRADING OF DUMPS TO SANITARY LANDFILLS. OUR PART OF THE BILL PROVIDES FOR A RESEARCH PROGRAM TO IMPROVE LAND DISPOSAL PRACTICES. THIS IS ANOTHER EXAMPLE OF THE WAY THE TWO PARTS OF THE BILL FIT TOGETHER.

I CAN SUMMARIZE BY SAYING THAT PART 2 OF THE BILL HAS THREE MAIN THRUSTS:

FIRST. IT EMPHASIZES R.D. & D. IN CERTAIN AREAS OF NEED SUCH AS SMALL-SCALE RESOURCE RECOVERY SYSTEMS FOR SMALLER CITIES.

SECOND. IT ENCOURAGES EFFICIENT MANAGEMENT AND EXECUTION OF THE R. D. & D. PROGRAM THROUGH SUCH APPROACHES AS THE "PIPELINE" MANAGEMENT CONCEPT; THE INTRA-AGENCY COORDINATING COMMITTEE WITH EPA, AND THE 11 SPECIAL STUDIES.

THIRD. IT ENCOURAGES EFFICIENT UTILIZATION OF RESERACH RESULTS BY ACTIVELY MAKING SUCH INFORMATION AVAILABLE TO ALL POTENTIAL USERS.

IN CLOSING, LET ME STATE THAT THIS BILL ADDRESSES REAL PROBLEMS IN A MOST CONSTRUCTIVE WAY AND I URGE YOUR SUPPORT OF IT.

MR. OTTINGER. MR. CHAIRMAN, WILL THE GENTLEMAN YIELD?

MR. BROWN OF CALIFORNIA, I YIELD TO THE GENTLEMAN FROM NEW YORK (MR. OTTINGER).

MR. OTTINGER. MR. CHAIRMAN, I HAVE THE PRIVILEGE OF SERVING ON BOTH COMMITTEES WHICH CONSIDERED THIS LEGISLATION. I COMMEND MY FRIEND, THE GENTLEMAN FROM CALIFORNIA (MR. BROWN), FOR HIS VERY EXCELLENT WORK, AS WELL AS THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE. I THINK IT IS VERY EXCELLENT LEGISLATION.

THE GENTLEMAN FROM PENNSYLVANIA (MR. ROONEY) HAS DONE A FINE JOB ON IT, AS WELL.

MR. OTTINGER. MR. CHAIRMAN, THE COMBINATION OF IMPLEMENTING TECHNOLOGY ALREADY AVAILABLE AND OF FURTHERING BADLY NEEDED RESEARCH AND DEMONSTRATION TO SOLVE PROBLEMS DEALING WITH OUR MOUNTING PROBLEM OF DISPOSAL AND REUSE OF USED MATERIAL IS APTLY JOINED IN THIS LEGISLATION.

WASTE MATERIAL FROM OUR INCREASINGLY OVERPACKAGED LIVES HAS INCREASED EXTRAORDINARILY IN THE PAST YEARS. ALL OF US ARE AWARE IN OUR OWN COMMUNITIES OF THE PROBLEM OF WHAT TO DO WITH WASTE MATERIALS. AND NOW WE ARE TOLD THAT BY 1990 THE AMOUNT OF SO CALLED "POSTCONSUMER WASTE" WILL BE TWICE WHAT IT WAS IN 1973. THE COST OF TRASH COLLECTION AND DISPOSAL IS ALREADY MORE THAN $3.5 BILLION FOR LOCAL GOVERNMENTS. COMMUNITIES HAVE IN THE PAST YEARS TRIED TO SET UP RECYCLING CENTERS FOR THE REUSE OF WASTE MATERIALS. SOME OF THESE CENTERS HAVE INDEED RETURNED BOTTLES AND PAPER BACK INTO USE, BUT MAINLY I THINK THE CENTERS HAVE SERVED AS SPARKS TO BRING THIS PROBLEM TO THE FOREFRONT. WE CANNOT RELY ON CITIZEN GOOD WILL TO CART WASTE BACK AND FORTH. WE HAVE GOT TO HAVE A NATIONAL PROGRAM AND NATIONAL PLANNING. THIS IS WHAT THIS LEGISLATION DOES AND I COMMEND THOSE WHO HAVE WORKED SO HARD TO BRING IT FORWARD TODAY.

I AM PARTICULARLY INTERESTCD IN SEEING US TAKE ADVANTAGE OF THE ENERGY POTENTIAL IN WASTE WHICH CANNOT BE EASILY RECYCLED INTO REUSABLE RESOURCES. I HAVE SEEN FIGURES TO IMPLY THAT WE COULD BE GENERATING 3 PERCENT OF OUR ENERGY NEEDS FROM MUNICIPAL SOLID WASTE SYSTEMS WITHIN THE NEXT 5 YEARS.

WHAT IS NEEDED IS AGAIN TO OVERCOME THE PROBLEM WE CONTINUALLY SEEM TO FACE IN INTRODUCING NEW TECHNOLOGY - WE NEED TO SHOW COMMUNITIES WHAT IS AVAILABLE. WE ALSO NEED TO PERFECT SOME OF THE EMERGING TECHNOLOGY SO THAT WE WOULD NOT BEGIN PROGRAMS THAT WILL HAVE TOO MANY BUGS THAT WILL SOUR COMMUNITIES ON THIS IMPORTANT ENDEAVOR. WE NEED TO GET GOING.

MR. BROWN OF CALIFORNIA. I THANK THE GENTLEMAN FOR HIS REMARKS.

MR. SKUBITZ. MR. CHAIRMAN, I YIELD SUCH TIME AS HE MAY CONSUME TO THE GENTLEMAN FROM VERMONT (MR. JEFFORDS).

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MR. JEFFORDS. MR. CHAIRMAN, TODAY WE ARE CONSIDERING A VITAL PIECE OF LEGISLATION, H.R. 14496, THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976. THIS BILL IS A MAJOR COMMITMENT OF FEDERAL ASSISTANCE TO STATE AND LOCAL GOVERNMENT EFFORTS TO MEET THE MOUNTING PROBLEMS ASSOCIATED WITH THE 3 TO 4 BILLION TONS OF SOLID WASTE GENERATED ANNUALLY IN A COMPREHENSIVE AND EFFECTIVE MANNER. I COMPLIMENT THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE AND THE COMMITTEE ON SCIENCE AND TECHNOLOGY FOR THEIR CONSCIENTIOUS EFFORTS IN BRINGING FORTH THIS CRITICAL AND TIMELY LEGISLATION.

I HAD INTENDED TO OFFER AN AMENDMENT TO THIS BILL TO ADDRESS WHAT I FIRMLY BELIEVE IS A DEFICIENCY IN THIS LEGISLATION. MY AMENDMENT WOULD HAVE ENCOURAGED THE REUSE AND RECYCLING OF BEVERAGE CONTAINERS. IT WOULD HAVE REQUIRED A 5-CENT REFUND VALUE, REDEEMABLE UPON RETURN OF THE EMPTY CONTAINER, ON ALL BEER AND SOFT DRINK BOTTLES AND CANS. ADDITIONALLY, IT WOULD HAVE PROVIDED A 3-YEAR PHASEIN PERIOD FOR IMPLEMENTATION OF THAT REQUIREMENT, AND A PHASEOUT OF THE DETACHABLE OPENING DEVICE ON CANS, COMMONLY KNOWN AS THE FLIP-TOP.

THERE ARE MANY COMPELLING REASONS WHY THIS TYPE OF LEGISLATION IS NEEDED. HERE ARE WHAT I CONSIDER TO BE SOME OF THE MOST IMPORTANT.

ENERGY SAVINGS

THE NATIONAL ENERGY SAVINGS RESULTING FROM IMPLEMENTATION OF A NATIONAL RETURNABLE BEVERAGE CONTAINER SYSTEM WOULD AMOUNT TO APPROXIMATELY 245 TRILLION BTU'S PER YEAR - ENOUGH TO SUPPLY THE ELECTRICAL ENERGY NEEDS OF NEW YORK AND CHICAGO FOR 1 YEAR - OR THE EQUIVALENT OF SOME 50 MILLION BARRELS OF OIL PER YEAR. IF COMPARED TO OTHER SOURCES OF ENERGY, IT IS EQUIVALENT TO THE COMBINED OUTPUT OF TWELVE 1,000-MEGAWATT NUCLEAR POWERPLANTS. BY SWITCHING TO RETUNABLES WE COULD REDUCE THE CONTAINER INDUSTRY'S ENERGY CONSUMPTION BY 42 PERCENT. THEREFORE, YOU CAN READILY SEE THAT THE LONG-RANGE POTENTIAL BENEFITS, IN TERMS OF ENERGY SAVINGS, ARE ENORMOUS.

SOLID WASTE

THE UNITED STATES PRODUCES OVER 80 BILLION BEVERAGE CONTAINERS A YEAR. OF THIS AMOUNT, OVER 8 MILLION TONS OF BEER AND SOFT DRINK CONTAINERS PER YEAR ARE DISCARDED. BEVERAGE CONTAINERS CONSTITUTE BETWEEN 60 AND 80 PERCENT OF ALL LITTER BY VOLUME. BEVERAGE CONTAINERS ARE ALSO THE MOST RAPIDLY GROWING SEGMENT OF ALL MUNICIPAL SOLID WASTE, INCREASING AT A RATE OF 10 PERCENT A YEAR. RELIABLE PROJECTIONS ESTIMATE THAT WITH PASSAGE OF BEVERAGE CONTAINER LEGISLATION THE UNITED STATES WOULD BE ABLE TO REDUCE BEVERAGE CONTAINER SOLID WASTE BY 70 PERCENT OR 7.2 MILLION TONS BY 1980.

RESOURCE SAVINGS

THE SAVINGS IN RESOURCES RESULTING FROM PASSAGE OF THIS LEGISLATION ARE TREMENDOUS. IT IS ESTIMATED THAT 530,000 TONS OF ALUMINUM, 1.5 MILLION TONS OF STEEL, AND 5.2 MILLION TONS OF GLASS WOULD BE SAVED ON AN ANNUAL BASIS.

CONSUMER COSTS

THE CONSUMER SPENDS 30 TO 40 PERCENT MORE FOR BEVERAGES IN THROWAWAY CONTAINERS THAN IN RETURNABLES. IN TERMS OF ACTUAL COST TO THE CONSUMER THIS AMOUNTS TO 2 CENTS MORE ON A BEVERAGE PURCHASED IN A ONE-WAY BOTTLE AND 5 CENTS MORE ON A BEVERAGE IN A CAN. TRANSLATED INTO TOTAL YEARLY COSTS TO THE CONSUMER, IT HAS BEEN ESTIMATED THAT CONSUMERS PAY $1.5 BILLION MORE FOR BEVERAGES IN THROWAWAYS THAN THEY WOULD FOR THE EQUIVALENT AMOUNT IN RETURNABLES.

LITTER REDUCTION

IT HAS BEEN ESTIMATED THAT WELL OVER $500 MILLION IS SPENT ANNUALLY DISPOSING OF BEVERAGE CONTAINERS. BOTH VERMONT AND OREGON, STATES THAT HAVE HAD RETURNABLE BEVERALGE CONTAINER LAWS ON THE BOOKS FOR SEVERAL YEARS, HAVE EXPERIENCED SIGNIFICANT REDUCTIONS IN THEIR CONTAINER LITTER COUNTS, RANGING BETWEEN 60 AND 80 PERCENT.

THERE ARE SEVERAL REASONS I AM NOT OFFERING THE AMENDMENT. FIRST AND FOREMOST, WITH THE ADOPTION OF THE EPA GUIDELINES DISCUSSED BELOW, SUBSTANTIAL PROGRESS IS BEING MADE TOWARD ITS GOAL TO BE ACCOMPLISHED BY MY AMENDMENT. AN ATTEMPT WAS TO BE MADE TO KILL OR POSTPONE THESE GUIDELINES. THE IMPLEMENTATION OF THESE GUIDELINES WILL PROVIDE VALUABLE INFORMATION AND EXPERIENCE IT WAS IMPORTANT THAT THESE GUIDELINES BE PRESERVED. WITH TIME FAST EBBING IN THE SESSION, BOTH OPPONENTS AND PROPONENTS OF THESE GUIDELINES AND MY AMENDMENT RECOGNIZED THAT A PROLONGED DEBATE OR THE ADDITION OF AMENDMENTS MIGHT IMPERIL THIS IMPORTANT LEGISLATION, AND WE DECIDED TO DEFER ACTION.

SECOND, IT IS ANTICIPATED THAT SHORTLY A STUDY WILL BE RELEASED BY FEA WHICH WILL SHED MORE LIGHT ON THESE ISSUES. THIS STUDY WILL MAKE A LATER ATTEMPT MORE PROPITIOUS.

THIRD, STATE REFERENDUMS ARE PENDING, AS WELL AS ACTIONS IN STATE LEGISLATURES. THE RESULTS OF THESE EFFORTS WILL ASSIST MEMBERS IN LEARNING OF THE DESIRES OF THEIR CONSTITUTENTS.

LET US NOW EXAMINE THE EPA GUIDELINES.

THE ENVIRONMENTAL PROTECTION AGENCY IS MAKING LAUDABLE EFFORTS BY PROMULGATING BEVERAGE CONTAINER GUIDELINES FOR FEDERAL FACILITIES. THE PURPOSE OF THESE GUIDELINES IS CONSISTENT WITH THE STATUTORY DIRECTIVES OF THE SOLID WASTE DISPOSAL ACT OF 1965 (PUBLIC LAW 89-272) AS AMENDED BY THE RESOURCE RECOVERY ACT OF 1970 (PUBLIC LAW 91-512). THE GUIDELINES WOULD SIMPLY REQUIRE IMPLEMENTATION OF A RETURNABLE BEVERAGE CONTAINER SYSTEM ON ALL FEDERAL FACILITIES.

EPA ESTIMATES THAT THE USE OF A RETURNABLE BEVERAGE CONTAINER SYSTEM ON FEDERAL FACILITIES WILL RESULT IN ENERGY SAVINGS EQUIVALENT TO AS MUCH AS 2,000 BARRELS OF OIL PER DAY. THE ANTICIPATED ANNUAL MATERIAL SAVINGS COULD AMOUNT TO AS MUCH AS 6,000 TONS OF ALUMINUM, 24,000 TONS OF STEEL, AND 80,000 GONS OF GLASS. THE GUIDELINES ARE A SMALL BUT IMPORTANT STEP FORWARD.

MANY OPPONENTS OF THESE GUIDELINES BASE THEIR OBJECTIONS ON THE ERRONEOUS ASSUMPTION THAT THE GUIDELINES WILL HAVE A SEVERE ADVERSE IMPACT ON EMPLOYMENT IN THE CONTAINER MANUFACTURING INDUSTRY. THIS IS NOT TRUE, BECAUSE THE GUIDELINES DO NOT REQUIRE EITHER IMPLICITY OR EXPLICITLY, THE USE OF ANY PARTICULAR BEVERAGE CONTAINER IN PREFERENCE TO ANOTHER. NO MATTER WHAT TYPES OF CONTAINERS ARE USED -BOTTLES OR CANS OR BOTH - THEIR RETURN FOR REUSE OR RECYCLING WILL BRING ABOUT SAVINGS IN ENERGY AND IMPORTANT RAW MATERIALS. IT SHOULD ALSO BE POINTED OUT THAT IN NO WAY WILL THESE GUIDELINES AFFECT THE DISTRIBUTORS WHO SUPPLY THE FEDERAL FACILITIES. FURTHERMORE, THESE FEDERAL FACILITIES COMPRISE ONLY 2 TO 4 PERCENT OF THE NATIONAL BEVERAGE MARKET.

THESE GUIDELINES HAVE NOT BEEN PROMULGATED WITHOUT GREAT DEAL OF THOUGHT AND A SUCCESSFUL TEST.

A TEST PROGRAM TO REDUCE LITTER AND SOLID WASTE IS BEING CONDUCTED AT YOSEMITE NATIONAL PARK IN CALIFORNIA. THE PROGRAM INVOLVES THE PLACEMENT OF A 5-CENT DEPOSIT ON EACH CAN OR BOTTLE OF BEER OR SOFT DRINK SOLD IN THE PARK. THE DEPOSIT IS REFUNDED WHEN THE EMPTY CONTAINERS ARE RETURNED TO 1 OF THE 18 PARK REDEMPTION CENTERS. THE U.S. ENVIRNMENTAL PROTECTION AGENCY IS MONITORING THE EXPERIMENT BY THE PARK'S CONCESSIONAIRE, THE YOSEMITE PARK AND CURRY CO.

AT THE LATEST COUNT ABOUT 72 PERCENT OF ALL CONTAINERS SOLD ARE BEING RETURNED, A RATE THAT COMPARES FAVORABLY WITH EXPERIENCES IN OREGON AND VERMONT UNDER THEIR STATE LAWS REQUIRING DEPOSITS REFUNDABLE ON RETURN OF EMPTY CONTAINERS. LAST YEAR THE YOSEMITE PARK AND CURRY CO., RAN A VOLUNTARY RECYCLING CENTER AND COLLECTED ABOUT A TON OF EMPTY CONTAINERS OVER THE YEAR. THIS YEAR UNDER THE REFUNDABLE DEPOSIT SYSTEM ABOUT A TON OF RETURNED CANS AND BOTTLES ARE COLLECTED EACH WEEK.

MOST BEVERAGES SOLD AT YOSEMITE NATIONAL PARK ARE IN ALUMINUM CANS, BUT SOME ARE IN TIN-COATED STEEL CANS AND SOME IN GLASS BOTTLES, MAINLY NONREFILLABLE. THE YOSEMITE PARK AND CURRY CO., SHIPS BOTTLES AND CANS, ALONG WITH OLD NEWSPAPERS AND CARDBOARD, TO FRESNO, CALIF., AND SELLS THEM FOR RECYCLING.

THE TEST OF THE YOSEMITE REFUND SYSTEM STARTED MAY 17, 1976, AND CONTINUED THROUGH SEPTEMBER 19, 1976, OR LONGER. THE CONCESSIONAIRE COMPANY, TO SUPPORT THIS PROGRAM, HAS NEWS ARTICLES ABOUT THE TEST RUNNING CONTINUOUSLY IN TWO PARK PUBLICATIONS, THE YOSEMITE GUIDE AND THE YOSEMITE SENTINEL; POSTERS ARE PROMINENTLY DISPLAYED, AND NIGHTLY TALKS BY U.S. PARK RANGERS TO PARK VISITORS INCORPORATE INFORMATION ABOUT THE PROGRAM.

IT IS INTERESTING TO NOTE THAT UNDER A NONDEPOSIT VOLUNTARY PROGRAM THE YEAR BEFORE ONLY 1 TON OF CONTAINERS WERE RETURNED THE WHOLE YEAR. UNDER THE NEW DEPOSIT PROGRAM 1 TON A WEEK IS BEING RETURNED.

THE GUIDELINES WILL BE PHASED IN FIRST THROUGH THE DEPARTMENT OF DEFENSE WITH FURTHER STUDY.

THE TEST WILL INVOLVE EXCHANGES, COMMISSARIES, CLUBS, MESSES, AND PACKAGE STORES AT THE FOLLOWING ARMY, NAVY, AIR FORCE, AND MARINE CORPS LOCATIONS.

FIRST, THE DEPARTMENT OF DEFENSE - DOD- HAS SELECTED 10 INSTALLATIONS ON WHICH THE ENVIRONMENTAL PROTECTION AGENCY'S -EPA- BEVERAGE CONTAINER GUIDELINES WILL BE TEST IMPLEMENTED FOR 1 YEAR. THE PURPOSE OF THE DOD TEST IS TO EVALUATE THE ECONOMIC IMPACTS OF THESE GUIDELINES ON THE MILITARY RESALE SYSTEM, WHICH INCLUDES EXCHANGES, COMMISSARIES, CLUBS, MESSES, AND PACKAGE STORES.

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SINCE THE TEST SITES WERE SELECTED AS BEING REPRESENTATIVE INSTALLATIONS FROM SEVERAL CATEGOREIS OF MILITARY BASES IN CONUS, THE RESULTS OF THIS TEST WILL ASSIST DOD IN DETERMINING WHICH CATEGORIES OF INSTALLATIONS WILL IMPLEMENT THE GUIDELINES ON A PERMANENT BASIS. THIS DETERMINATION OF WHICH FEDERAL FACILITIES WILL IMPLEMENT THE BEVERAGE CONTAINERS GUIDELINES IS TO BE MADE BY ALL AFFECTED AGENCIES WITHIN 1 YEAR AFTER THE GUIDELINES WERE PUBLISHED AS FINAL, WHICH WAS ON SEPTEMBER 21, 1976.

THE EPA HOPES TO LEARN HOW EFFECTIVE THIS PROGRAM WILL BE FROM AN ECOLOGICAL AND ENERGY CONSERVATION VIEWPOINT. THE CONTAINERS THAT ARE RETURNED WILL BE COLLECTED BY EACH OUTLET THAT SELLS BEVERAGES ON AN INSTALLATION, AND WILL BE DISPOSED OF THROUGH METAL OR GLASS RECLAMATION COMPANIES. THE GOALS OF THIS PROGRAM ARE TO CLEAN UP LITTER, RECLAIM REUSABLE MATERIALS, AND SAVE ENERGY NEEDED TO PRODUCE MORE CANS AND BOTTLES FROM RAW MATERIALS.

AT EACH INSTALLATION PARTICIPATING IN THE PROGRAM, THROWAWAY CANS AND NONRETURNABLE BOTTLES WILL BE STAMPED OR MARKED WITH THE NOTATION THAT A 5-CENT DEPOSIT IS REQUIRED. THE MONEY WILL BE REFUNDED WHEN THE CONTAINER IS RETURNED TO ANY RETURN DEPOSITORY ON THE INSTALLATION. SALE OF BEVERAGES FOR CONSUMPTION AT THE LOCATIONS OF THE SALE; THAT IS, CLUBS, MESSES - ARE EXEMPT FROM THE PROGRAM.

AMONG THE PRECEPTS OF THE PROGRAM ARE EVALUATING COSTS OF RETRIEVING THE 5-CENT CONTAINERS, HANDLING COSTS FOR COOPERAGE, STORAGE, AND SANITATION OF RETURNED CONTAINERS AND PICKUP AND DISPOSAL PROBLEMS.

THE SECRETARY OF DEFENSE WILL EVALUATE THE REPORT OF THE TEST AND DETERMINE IF THE COSTS AND BENEFITS MAKE IT WORTHWHILE.

IT IS CLEAR TO THE PROPONENTS OF THE BEVERAGE CONTAINER LEGISLATION THAT THE PRESERVATION OF THESE GUIDELINES IS A VERY SIGNIFICANT STEP FORWARD.

IT IS ALSO CLEAR THAT A LARGE MAJORITY OF OUR CITIZENS CONCUR IN THE NEED FOR THIS TYPE OF LEGISLATION ACCORDING TO A NATIONWIDE PUBLIC OPINION POLL CONDUCTED FOR THE FEDERAL ENERGY ADMINISTRATION BY THE OPINION RESEARCH CORP. THE RESULTS SHOWED THAT 73 PERCENT OF THE PEOPLE POLLED WERE IN FAVOR OF A NATIONWIDE DEPOSIT SYSTEM FOR BEVERAGE CONTAINERS, WHILE ONLY 15 PERCENT WERE OPPOSED. THIS APPROVAL RATING IS LOW WHEN COMPARED WITH THE PUBLIC SUPPORT THIS MEASURE HAS ENJOYED IN BOTH VERMONT AND OREGON, A TESTAMENT TO THE FACT THAT RETURNABEL BEVERAGE CONTAINER SYSTEMS WORK, AND WORK WELL.

ONE MORE WORD. SOME OF THE MOST ADAMANT OPPONENTS OF THIS TYPE OF LEGISLATION CONTEND THAT IT WOULD HAVE SEVERE ADVERSE EFFECTS ON EMPLOYMENT IN THE CONTAINER MANUFACTURING INDUSTRY. THE ORIGINS OF THESE CONCERNS IS THE PREDICTION, IN VARIOUS ESTIMATES OF THE IMPACT OF NATIONAL BEVERAGE CONTAINER LEGISLATION, THAT A MAJOR SHIFT IN THE CONTAINER MIX FROM CANS AND NONREFILLABLE BOTTLES TO REFILLABLE BOTTLES WOULD RESULT FROM SUCH LEGISLATION. THOSE ESTIMATES PREDICT THAT A SHIFT OF NATIONAL SCOPE AWAY FROM NONREFILLABLE CONTAINERS WOULD CAUSE THE EMPLOYMENT DISLOCATIONS THAT THESE OPPONENTS FEAR. I WOULD DISPUTE THE CONTENTION THAT SERIOUS ECONOMIC DISLOCATIONS WILL OCCUR. A STUDY WHICH WILL SOON BE RELEASED BY THE FEDERAL ENERGY ADMINISTRATION IS REPORTED TO INDICATE THAT GIVEN PASSAGE OF A NATIONAL RETURNABLE BEVERAGE CONTAINER LAW, THE MARKET SHARE OF CANS WILL REMAIN ESSENTIALLY STABLE. IT WILL FURTHER INDICATE THAT NOT ONLY WILL SEVERE ECONOMIC DISLOCATIONS NOT OCCUR, BUT A NET GAIN IN JOBS WILL ACCOMPANY IMPLEMENTATION OF A NATIONAL SYSTEM.

I WOULD CONCLUDE BY SAYING THAT WE HAVE MADE SIGNIFICANT AND SUBSTANTIAL GAINS THIS YEAR. THE EPA GUIDELINES HAVE BEEN PUBLISHED AND WILL BE IMPLEMENTED IN THE NEAR FUTURE WITHOUT FEAR OF CONGRESSIONAL VETO.

MR. MYERS OF PENNSYLVANIA. MR. CHAIRMAN, I YIELD MYSELF SUCH TIME AS I MAY CONSUME.

MR. CHAIRMAN, I SUPPORT THE PASSAGE OF H.R. 14496, THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976.

MR. CHAIRMAN, THIS LEGISLATION IS THE PRODUCT OF THE COOPERATIVE EFFORTS OF THE SCIENCE AND TECHNOLOGY COMMITTEE AND THE INTERSTATE AND FOREIGN COMMERCE COMMITTEE. I BELIEVE THE WORK OF THE TWO COMMITTEES WAS COMPLEMENTARY AND HAS RESULTED IN A MORE EFFECTIVE AND COMPREHENSIVE BILL THAN COULD HAVE BEEN REPORTED BY EITHER COMMITTEE ACTING ALONE.

THE SOLID WASTE PROBLEM HAS GROWN TO ALARMING PROPORTIONS IN RECENT YEARS. ABOUT 2.8 BILLION TONS OF SOLID WASTE ARE GENERATED IN THIS COUNTRY EVERY YEAR. MINING AND AGRICULTURAL ACTIVITIES ACCOUNT FOR ALMOST 2.4 BILLION TONS, WHILE THE REMAINDER COMES FROM MUNICIPAL AND INDUSTRIAL SOURCES. ALTHOUGH THE LATTER ACCOUNTS FOR A RELATIVELY SMALL PORTION OF THE TOTAL, IT REPRESENTS A SIGNIFICANT PROBLEM FOR STATE AND LOCAL AUTHORITIES. MUNICIPAL AND INDUSTRIAL WASTES NATURALLY ARE CONCENTRATED AROUND OUR URBAN AREAS. THUS, THE DISPOSAL PROBLEM IS AGGRAVATED BY THE HIGH POPULATION DENSITY AND ITS ACCOMPANYING CONSTRAINTS ON AVAILABLE LAND.

THE IRONY OF THIS SITUATION IS THAT MUCH OF THE MUNICIPAL WASTE CONTAINS VALUABLE MATERIALS AS WELL AS HAVING A MEANINGFUL ENERGY CONTENT. H.R. 14496 ADDRESSES BOTH RESOURCE RECOVERY AND THE ENERGY POTENTIAL OF SOLID WASTE.

AN OLD SAYING IS THAT "EVERY CLOUD HAS A SILVER LINING." THE CLOUD OF SOLID WASTE NOT ONLY HAS A SILVER LINING, BUT ALSO A LINING CONTAINING VALUABLE STEEL, COPPER, ALUMINUM, CAST IRON, WOOD PULP, AND GLASS. THE CHALLENGE AND THE OPPORTUNITY EXIST FOR US TO IMPROVE OUR SOLID WASTE DISPOSAL CAPABILITY WHILE AT THE SAME TIME RECOVERING THESE MATERIALS. WHILE THE RECOVERY OF USEFUL MATERIALS FROM SOLID WASTE HAS GONE ON FOR MANY YEARS, THE "SALVAGE" BUSINESS HAS BEEN ERATIC. IT HAS USED RELATIVELY UNSOPHISTICATED MEANS TO COLLECT THOSE MATERIALS WHICH WERE EASILY RETRIEVABLE AND READILY MARKETABLE. THUS, IT HAS ONLY TAPPED THE SURFACE OF THOSE MATERIALS RECOVERABLE FROM SOLID WASTE.

THE RESOURCE CONSERVATION AND RECOVERY ACT WOULD ESTABLISH A PROGRAM TO IMPROVE OUR TECHNOLOGY AND EQUIPMENT TO EXTRACT USEFUL MATERIALS OVER A BROAD SPECTRUM OF SOLID WASTE. THE TECHNOLOGY MUST BE DEVELOPED TO EFFICIENTLY SEPARATE USEFUL MATERIALS FROM A COMPLICATED STREAM OF SOLID WASTE. THE LEGISLATION EMPHASIZES THAT IMPROVED TECHNOLOGY NEED NOT ALWAYS MEAN COMPLICATED, SOPHISTICATED TECHNOLOGY. SOPHISTICATED TECHNOLOGY CAN PRODUCE SUPERIOR RESULTS BUT IT OFTEN ENTAILS EXPENSIVE EQUIPMENT AND MACHINERY WHICH ARE PRONE TO BREAKDOWNS. ALSO, SUCH SYSTEMS USUALLY REQUIRE SPECIALLY TRAINED OPERATORS AND SPECIALIZED TECHNICIANS FOR REPAIRS. FOR A LARGE URBAN AREA THESE ASPECTS MIGHT NOT PRESENT A SERIOUS PROBLEM BUT FOR SMALL-TO-MEDIUM-SIZES AREAS THEY WOULD. HENCE IT IS ALSO NECESSARY TO DEVELOP SIMPLE, STRAIGHTFORWARD WAYS OF RESOURCE RECOVERY. THIS WOULD MAKE RESOURCE RECOVERY SYSTEMS EASIER TO OPERATE AND MAINTAIN, AND WOULD INCREASE THE OPPORTUNITY FOR THEIR WIDESPREAD USE.

THE SECOND MAJOR FEATURE OF SOLID WASTE IS ITS POTENTIAL AS A SOURCE OF ENERGY. BULK MUNICIPAL WASTE TYPICALLY HAS A HEAT VALUE OF BETWEEN 4,600 AND 5,500 BRITISH THERMAL UNITS - BTU'S - PER POUND. BY COMPARISON, A POUND OF COAL YIELDS ABOUT 12,000 BTU. THUS, THE ENERGY CONTENT OF MUNICIPAL WASTE IS GREAT ENOUGH TO MAKE IT A VIABLE ENERGY SOURCE. H.R. 14496 WOULD AUGMENT EXISTING PROGRAMS IN THIS AREA BY PROVIDING FOR FULL-SCALE DEMONSTRATION PROJECTS TO TEST PROMISING BUT UNPROVEN NEW TECHNOLOGIES FOR THE COMBUSTION OR CONVERSION OF SOLID WASTE INTO USEFUL FORMS OF ENERGY.

H.R. 14496 ADDRESSES THE ISSUE OF THE ADVERSE ENVIRONMENTAL EFFECT OF SOLID WASTE DISPOSAL. IT DIRECTS THE ADMINISTRATOR TO CONDUCT STUDIES AND RESEARCH ON LAND DISPOSAL PRACTICES, HAZARDOUS WASTE DISPOSAL AND SLUDGE TREATMENT. OF COURSE THE ENVIRONMENT WILL BE HELPED INDIRECTLY BY THE RESOURCE RECOVERY AND ENERGY CONVERSION ASPECTS OF THE LEGISLATION, BECAUSE THEY WILL REDUCE THE AMOUNT OF TRUE WASTE WHICH MUST BE DISPOSED.

THE BILL DIRECTS THAT SPECIAL STUDIES BE CONDUCTED IN SPECIFIC AREAS WHERE MORE KNOWLEDGE IS NEEDED. THESE STUDIES WILL PROVIDE THE FACTUAL BASIS FOR FUTURE RESEARCH, LEGISLATION, AND POLICY PRACTICES. THE STUDIES INCLUDE GLASS AND PLASTIC WASTE RECOVERY; A SURVEY OF EXISTING AND PROMISING TECHNIQUES FOR ENERGY CONVERSION; FRONT-END SEPARATION SYSTEMS AND MINING WASTES.

H.R. 14496 RECOGNIZES THAT IN DEALING WITH BOTH SOLID WASTE DISPOSAL, ENERGY CONVERSION AND ENVIRONMENT EFFECTS IT CUTS ACROSS THE RESPONSIBILITIES OF THE ENVIRONMENTAL PROTECTION AGENCY - EPA - AND THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION - ERDA. TO INSURE THAT THIS PROGRAM IS CARRIED OUT SMOOTHLY THE BILL EMPHASIZES THAT THE EPA AND ERDA COOPERATE AND COORDINATE THEIR ACTIVITIES. AN INTRAAGENCY COORDINATING COMMITTEE IS ESTABLISHED TO INSURE THAT WITHIN THE EPA ITSELF THIS EFFORT RECEIVES THE ATTENTION AND PRIORITY WHICH IT DESERVES.

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THE BILL AUTHORIZES $35 MILLION FOR FISCAL YEAR 1978 TO CARRY OUT THE GENERAL PROVISIONS OF PART II AND $10 MILLION FOR FISCAL YEAR 1978 AND FISCAL YEAR 1979 TO CARRY OUT THE SPECIAL STUDIES. IT ALSO INCLUDES AN IMPROVED REPORTING AND DISCLOSURE PROVISION FOR EPA EMPLOYEES WHO ADMINISTER THIS ACT. THE "SUNSHINE REGULATIONS" WILL INCREASE PUBLIC CONFIDENCE IN THE PERFORMANCE OF EPA EMPLOYEES AND REDUCE ANY TEMPTATION FOR SELF-SERVING ACTION WHICH MIGHT EXIST.

MR. CHARIMAN, AS OUR COMMITTEE REPORT DETAILS, MILLIONS OF TONS OF PAPER, VALUABLE METALS, GLASS, AND OTHER WASTE MATERIALS WHICH COULD BE REUSED OR BURNED FOR THEIR ENERGY VALUE, ARE DISCARDED. AT THE SAME TIME IN MANY AREAS OF THE COUNTRY WE ARE RUNNING OUT OF PLACES TO PUT OUR TRASH. THIS BILL REPRESENTS A MAJOR CONGRESSIONAL COMMITTMENT TO THE SOLUTION OF THESE PROBLEMS. IT SHOWS THAT WE ARE WILLING TO FACE OUR SOLID WASTE PROBLEMS AND PROVIDE THE FUNDS FOR DEVELOPMENT OF CONSTRUCTIVE, ENVIRONMENTALLY SOUND SOLUTIONS. THE TIME FOR CONGRESSIONAL ACTIO TO REDUCE THIS WASTE IS NOW. WE MUST RECAPTURE THESE VALUABLE MATERIALS. WE CANNOT AFFORD TO THROW AWAY BILLIONS OF BTU'S. WE MUST SOLVE ENVIRONMENTAL PROBLEMS IN WASTE DISPOSAL.

THE BILL IS NOT JUST AN ATTEMPT TO SOLVE URBAN WASTE DISPOSAL PROBLEMS. IT ADDRESSES THE NEEDS OF OUR SMALLER MUNICIPALITIES BY AUTHORIZING DEVELOPMENT OF MODELS FOR SMALL SCALE RESOURCE RECOVERY. THE BILL RECOGNIZES THAT RURAL AND SMALL TOWN AREAS OF OUR COUNTRY HAVE WASTE PROBLEMS AND ADDRESSES THE NEEDS OF THESE REGIONS AS WELL AS THE WELL-PUBLICIZED NEEDS OF OUR URBAN NEIGHBORS.

MR. CHAIRMAN, I BELIEVE THE RESOURCE CONSERVATION AND RECOVERY ACT IS WELL-BALANCED AND COMPREHENSIVE LEGISLATION. I URGE THE MEMBERS TO JOIN ME IN SUPPORTING IT.

MR. DRINAN. MR. CHAIRMAN, I RISE IN STRONG SUPPORT OF THE RESOURCE CONSERVATION AND RECOVERY ACT, H.R. 14496. THIS LEGISLATION WILL SIGNIFICANTLY AID OUR STATES, CITIES, AND TOWNS IN DEVELOPING PLANS AND METHODS TO ALLEVIATE AMERICA'S HUGE SOLID WASTE PROBLEMS. IN ADDITION, H.R. 14496 WILL FOCUS OUR EFFORTS ON UTILIZING MUNICIPAL TRASH AND OTHER WASTES AS A RESOURCE, WHOSE ENERGY CONTENT AND RECYCLED MATERIALS CAN YIELD RICH DIVIDENDS.

I HAVE BEEN PARTICULARLY ACTIVE IN THE AREA OF ENERGY RECOVERY FROM SOLID WASTE, MR. CHAIRMAN, AND FROM MY INVOLVEMENT HERE, I CAN ATTEST TO THE FACT THAT H.R. 14496 WILL GREATLY ACCELERATE FEDERAL EFFORTS IN "MINING" THE ENERGY POTENTIAL IN TRASH. I KNOW THAT MANY OF MY COLLEAGUES IN THIS CHAMBER SHARE MY INTEREST IN RESOURCE RECOVERY, AS 103 MEMBERS OF CONGRESS HAVE NOW COSPONSORED MY SOLID WASTE ENERGY AND RESOURCE RECOVERY ACT, H.R. 12380. I AM PLEASED TO SAY THAT THE BILL NOW BEFORE THE HOUSE INCLUDES ALMOST ALL OF THE PROVISIONS OF MY SOLID WASTE ACT, AND I CAN THEREFORE ENTHUSIASTICALLY ENDORSE H.R. 14496 TO THE MANY MEMBERS WHO HAVE COSPONSORED MY ORIGINAL LEGISLATION.

IT IS UNUSUAL THAT AN ENVIRONMENTAL BILL SUCH AS THE RESOURCE CONSERVATION AND RECOVERY ACT SHOULD BE SO INSTRUMENTAL IN BRINGING ABOUT NEW ENERGY SUPPULIES, BUT THIS IS EXACTLY WHAT NEW SOLID WASTE TECHNOLOGIES HAVE ACCOMPLISHED. CONSERVATIVE ESTIMATES INDICATE THAT THE ENERGY WHICH WAS AVAILABLE FROM MUNICIPAL SOLID WASTE IN 1973 ALONE WAS EQUAL TO:

THE AMOUNT OF ENERGY NEEDED TO LIGHT EVERY HOME AND OFFICE IN THE UNITED STATES;

TWENTY-EIGHT PERCENT OF THE OIL PROJECTED TO BE DELIVERED THROUGH THE ALASKAN PIPELINE;

TEN PERCENT OF ALL THE COAL CONSUMED BY UTILITIES IN 1973; OR

FOUR POINT SIX PERCENT OF THE FUEL CONSUMED BY ALL UTILITIES IN 1973.

MORE RECENT FIGURES FROM THE ENVIRONMENTAL PROTECTION AGENCY AND THE MITRE CORP. SHOW THAT THE SOLID WASTE ENERGY POTENTIAL IS NOW GREATER THAN THE EQUIVALENT OF 200 MILLION BARRELS OF OIL PER YEAR OR 500,000 BARRELS OF OIL PER DAY.

MR. CHAIRMAN, THE ENERGY ASPECTS OF H.R. 14496 ARE EXTREMELY IMPORTANT, BUT WE CANNOT IGNORE THE VERY SUBSTANTIAL ENVIRONMENTAL ADVANCES WHICH WE WILL BE MAKING AT THE SAME TIME THROUGH THE PASSAGE OF THIS LEGISLATION. THE DISPOSAL OF MUNICIPAL TRASH HAS BECOME AN ENORMOUS PROBLEM FOR AMERICA'S TOWNS AND CITIES. TOTAL POSTCONSUMER WASTE INCREASED FROM 125 MILLION TONS IN 1971 TO 135 MILLION TONS IN 1973, AND IT IS NOW EXPECTED TO RISE TO 225 MILLION TONS BY 1990.

EVEN IF THIS COUNTRY IS ABLE TO IMPLEMENT A WASTE REDUCTION PROGRAM AND QUADRUPLE THE AMOUNT OF SOLID WASTE WHICH WE NOW PROCESS THROUGH RESOURCE RECOVERY FACILITIES, WE WILL STILL BE FACED WITH HAVING TO DISPOSE OF 30 MILLION MORE TONS OF TRASH IN LITTLE MORE THAN 10 YEARS FROM NOW. THIS MEANS THAT WE CANNOT TOLERATE SLOW PROGRESS IN THIS AREA. UNLESS A TRULY ACCELERATED PROGRAM IS BEGUN IN WHICH WE GREATLY INCREASE THE NUMBER OF RESOURCE RECOVERY FACILITIES IN OPERATION, THE UNITED STATES COULD FIND ITSELF SINKING IN ITS OWN MOUNTAINS OF SOLID WASTE.

I WOULD LIKE TO ADDRESS MYSELF TO ONE ADDITIONAL ENVIRONMENTAL PROBLEM WHICH IS ADDRESSED BY H.R. 14496, AND THAT IS THE SIGNIFICANT THREAT OF SLUDGE. SLUDGE REPRESENTS ONE OF THE NEWEST AND FASTEST-GROWING ENVIRONMENTAL PROBLEMS NOW FACING MANY AMERICAN CITIES AND TOWNS. NEARLY 300 MILLION TONS OF WET SLUDGE IS BEING GENERATED IN THE UNITED STATES EACH YEAR, BUT THE METHODS WHICH OUR MUNICIPALITIES HAVE FOUND TO DISPOSE OF THE SLUDGE ARE HARDLY SATISFACTORY. CITIES ON BOTHE THE EAST AND WEST COASTS ARE DUMPING THE SLUDGE IN OUR OCEANS IN HUGE QUANTITIES, AND ONE HARDLY NEEDS A CRYSTAL BALL TO PREDICT THE FUTURE HARM WHICH COULD RESULT FROM THIS PRACTICE. INDEED, ACCORDING THE THE GENERAL ACCOUNTING OFFICE, THE LAX ENFORCEMENT OF OCEAN DUMPING REGULATIONS HAS ALLOWED WASTES TO BE DUMPED IN THE ATLANTIC OCEAN WHICH EXCEED SAFETY LEVELS 100 TIMES OVER FOR HEAVY MEATLS SUCH AS MERCURY AND CADMIUM.

MR CHAIRMAN, WHILE WE ARE BEING INCREASINGLY EXPOSED TO THE DANGERS OF SLUDGE, OUR SCIENTISTS AND ENGINEERS KNOW SURPRISINGLY LITTLE ABOUT THIS SUBSTANCE, ITS PROPERTIES, AND SAFE METHODS OF DISPOSAL. IDEALLY, WE SHOULD BE ABLE TO USE SLUDGE TO PRODUCE ENERGY OR MAKE FERTILIZER FOR FARMING PURPOSES. BUT THERE ARE MANY PROBLEMS TO BE WORKED OUT WITH BOTH OF THESE METHODS. H.R. 14496 THEREFORE AUTHORIZES A VERY EXTENSIVE STUDY AND INVESTIGATION OF SLUDGE AND THE WAYS IN WHICH IT MAY BE PROFITABLY UTILIZED.

THE RESEARCH AND DEVE-OPMENT ON SLUDGE WHICH IS CALLED FOR BY THE RECOURSE CONSERVATION AND RECOVERY ACT IS A GOOD BEGINNING. YET IN VIEW OF THE URGENCY OF THE PROBLEM, I WOULD SUGGEST THAT THE CONGRESS TURN ITS ATTENTION TO MORE COMPREHENSIVE LEGISLATION IN THE VERY NEXT SESSION. I HAVE INTRODUCED THE SLUDGE MANAGEMENT ACT, H.R. 14638, WHICH OVER 30 MEMBERS OF CONGRESS HAVE ALREADY COSPONSORED IN THE SHORT TIME SINCE IT WAS ORIGINALLY FILED ON JUNE 30, 1976. THIS BILL COULD BE THE FRAMEWORK FOR NEW LEGISLATION IN THIS AREA, THOUGH AS I HAVE INDICATED, THE BILL NOW BEFORE US DOES MAKE A WORTHY BEGINNING IN THE ASSULT AGAINST SLUDGE.

MR. CHAIRMAN, I HAVE WORKED VERY CLOSELY WITH BOTH THE HOUSE COMMERCE AND SCIENCE AND TECHNOLOGY COMMITTEES AS THEY HAVE DRAFTED, MARKED UP, AND FINALLY REPORTED OUT THE RESOURCE CONSERVATION AND RECOVERY ACT, AND I COMMEND THEIR EFFORTS. THE BILL PROVIDES A BALANCED PROGRAM FOR SUBSTANTIALLY ACCELERATING THE RECOVERY OF VALUABLE ENERGY AND RECYCLED MATERIALS FROM SOLID WASTE. I KNOW THAT THE RESULTS WHICH H.R. 14496 WILL BRING ABOUT WILL BE OF LASTING IMPORTANCE TO CITIES AND TOWNS THROUGHOUT THE UNITED STATES.

I WHOLEHEARTEDLY URGE MY COLLEAGUES TO SUPPORT THE RESOURCE CONSERVATION AND RECOVERY ACT AS IT IS CONSIDERED ON THE HOUSE FLOOR TODAY.

MR. WINN. MR. CHAIRMAN, I ENDORSE H.R. 14496, THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976.

THE DISPOSAL OF SOLID WASTE HAS BECOME AN EVER-INCREASING DILEMMAN FOR OUR URBAN AREAS. THE RESEARCH AND DEVELOPMENT TITLE OF H.R. 14496 SEEKS TO BRING A FOCUS TO THE FEDERAL R. & D. EFFORT IN THIS AREA. THE OBJECTIVES OF THIS EFFORT INCLUDE NOT ONLY THE PHYSICAL DISPOSAL OF SOLID WASTE BUT ALSO WAYS TO CONVERT WASTE INTO USEFUL FORMS OF ENERGY AND TO MINIMIZE THE ADVERSE ENVIRONMENTAL IMPACT OF WASTE DISPOSAL.

IN PARTICULAR, THE BILL ADDRESSES THE NEED TO DEVELOP SMALL-SCALE SYSTEMS USING SIMPLE TECHNOLOGY WHICH COULD BE READILY USED IN SMALL TOWNS OR IN CITY SUBDIVISIONS; TO IMPROVE SEPARATION SYSTEMS SO THAT USEFUL MATERIALS CAN BE EASILY SALVAGED; TO IMPROVE SLUDGE DISPOSAL PRACTICES; AND TO INVESTIGATE THE EFFECT OF INCINERATOR EMISSIONS ON AIR QUALITY.

IN ADDITION THE BILL WOUDL AUTHORIZE 11 SPECIAL STUDIES TO ZERO IN ON SPECIFIC AREAS OF WIDESPREAD CONCERN. THEY INCLUDE THE SLUDGE BYPRODUCT OF COAL-BASED SYNTHETIC FUEL OPERATIONS; AUTOMOBILE TIRES; GLASS AND PLASTIC WASTE; AND WASTE FROM MINERAL EXCAVATIONS.

THE FEDERAL FOCUS IS FURTHERED BY REINFORCING EPA'S ROLE IN COLLECTING, COORDINATING, AND DISSEMINATING INFORMATION ON SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY. EPA WILL ACT AS A CLEARINGHOUSE OF INFORMATION FOR GROUPS WISHING TO EMBARK ON SOLID WASTE PROGRAMS. THE EPA IS ENCOURAGES TO HELP STATE AND LOCAL AGENCIES IN EVALUATING AND MONITORING WASTE DISPOSAL SYSTESM.

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IN EARLIER YEARS WE OFTEN DISCARDED VALUABLE RESOURCES OUT OF IGNORANCE. A CENTURY AGO GOLD PROSPECTORS IN NEVADA CURSED THE GREYISH DEPOSITS WHICH HAMPERED THEIR SEARCH FOR GOLD. LATER THEY DISCOVERED WHAT THEY WERE CURSING WAS SILVER. TODAY MANY PERSONS HAVE THE SAME ATTITUDE TOWARD SOLID WASTE AND THEY ARE SIMILARLY IGNORING A VALUABLE RESOURCE. H.R. 14496 IS DESIGNED TO UNDERTAKETHE STUDIES AND THE RESEARCH NECESSARY TO EFFECTIVELY TAP THE POTENTIAL OF SOLID WASTE FOR MATERIAL RECLAMATION AND ENERGY PRODUCTION.

MR. CHAIRMAN, THE SOLID WASTE PROBLEM IN THIS COUNTRY HAS LITERALLY BEEN BUILDING UP FOR YEARS. H.R. 14496 IS RESPONSIBLE LEGISLATION WHICH PERMITS US TO COPE WITH THE PROBLEM BEFORE WE ARE BURIED UNDER IT. I URGE THE MEMBERS' SUPPORT FOR H.R. 14496.

MR. ROGERS. MR. CHAIRMAN, I RISE IN SUPPORT OF H.R. 14496, THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976. THIS BILL COMES 10 YEARS AFTER THE FIRST CONGRESSIONAL INITIATIVE IN THIS AREA, WHEN CONGRESS ENACTED THE SOLID WASTE DISPOSAL ACT OF 1965. IN 1970, WE EXPANDED THAT ACT, WITH THE PASSAGE OF THE RESOURCE RECOVERY ACT OF 1970, ESTABLISHING GRANTS FOR RESEARCH AND DEMONSTRATION OF WAYS TO REDUCE THE ENVIRONMENTAL IMPACT OF SOLID WASTE DISPOSAL AND PROMOTE THE RECOVERY OF ENERGY AND RAW MATERIALS. BOTH OF THESE LAWS WERE MAJOR INITIATIVES, AND THE EXPERIENCE UNDER THEM HAS BEEN EXTENSIVELY CONSIDERED, IN THE 93D CONGRESS BY THE SUBCOMMITTEE ON HEALTH AND ENVIRONMENT, AND IN THE 94TH CONGRESS BY THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE.

IN REPORTING H.R. 14496 TO THE HOUSE THE SENSE OF URGENCY WHICH FIRST PROMPTED ACTION IN THIS AREA REMAINS: WE ARE TOLD THAT FIVE OF OUR MAJOR CITIES HAVE ALREADY RUN OUT OF LANDFILL AREA AND 50 WILL RUN OUT WITHIN 5 YEARS. BUT EVENTS SINCE 1970 HAVE GIVEN US A NEW SENSE OF URGENCY DEMANDING THAT THE FURTHER STEPS OF THIS LEGISLATION BE TAKEN.

THE FIRST IS OUR INCREASED UNDERSTANDING OF THE HEALTH RISKS OF HAZARDOUS SUBSTANCES BEING DUMPED INTO OUR SURROUNDINGS. I DO NOT HAVE TO REMIND THE MEMBERS OF THE HOUSE, WHO ARE AWARE OF INSTANCES IN THEIR OWN DISTRICTS, OF THE RECENT EXPERIENCES WITH KEPONE, PBB'S, AND PCB'S. BUT THESE ARE JUST NATIONALLY KNOW EXAMPLES OF WHAT WE HAVE DISCOVERED IS A PERVASIVE PROBLEM -- HOW TO KEEP DISCARDED HAZARDOUS SUBSTANCES OUT OF OUR DRINKING WATER AND FOOD SUPPLIES. UNDER THIS BILL, FOR THE FIRST TIME, WE WILL IDENTIFY THESE SUBSTANCES AND KEEP TRACK OF THEM TO A PROPER DISPOSAL SITE.

A SECOND AREA OF INCREASED AWARENESS RESULTED FROM THE ARAB OIL EMBARGO OF OCTOBER 1973, WHICH SERVED TO POINT UP A DOMESTIC ENERGY SITUATION WHICH WAS ALREADY DEVELOPING INTO AN "ENERGY CRISIS." IN 1970, WE HAD WRITTEN INTO THE LAW THAT EPA SHOULD INCLUDE ENERGY RECOVERY IN THE SOLID WASTE DEMONSTRATION AND RESEARCH PROGRAM. NOW IT HAS BECOME MUCH MORE IMPORTANT TO DEVELOP THIS ADDITIONAL NATIONAL ENERGY SOURCE. AND I MIGHT SAY THAT THE ECONOMICS OF ENERGY RECOVERY HAVE NOW CHANGED, THANKS TO THE OPEC QUADRUPLING OF OIL PRICES, SO THAT THE COST OF PRODUCING ENERGY FROM WASTE CAN COMPARE FAVORABLY WITH THAT OF CONVENTIONAL FOSSIL FUELS.

A THIRD AREA IN WHICH OUR AWARENESS HAD INCREASED IS IN THE NEED FOR A NATIONAL MATERIALS POLICY. IT IS DIFFICULT TO RECALL, AFTER OUR EXPERIENCE WITH THIS EXTRAORDINARILY DEEP RECESSION, THAT THERE WAS A PERIOD IN 1973 WHEN OUR OFFICES WERE BELEAGUERED WITH COMPLAINTS FROM THOSE WHO WERE UNABLE TO FIND ENOUGH NEWSPRINT, ENOUGH COPPER OR STEEL, ENOUGH FOUNDRY PRODUCTS, TO DO BUSINESS. WE STILL RECEIVE INTERMITTENT REPORTS OF SUCH SHORTAGES, EVEN WITH OUR INDUSTRIAL PLANTS RUNNING AT THREE-FOURTHS OF THEIR CAPACITY. AND WE FIND THAT RAW MATERIALS ARE AMONG GREATEST CAUSES OF THE INFLATION WHICH IS STILL WITH US. CONGRESS HAS ESTABLISHED A NATIONAL COMMISSION ON SHORTAGES AND SCARCITIES TO STUDY THIS PARADOXICAL SITUATION, AND I THINK THE BILL WE ARE CONSIDERING TODAY WILL PLAY AN IMPORTANT PART IN OUR ABILITY TO MANAGER OUR NATURAL RESOURCES IN SOME RATIONAL WAY.

FINALLY, OUR EXPERIENCE UNDER THE 1965 AND 1970 ACTS HAS SHOWN THAT THE CURRENT LACK OF AREAWIDE OR STATEWIDE PLANNING IS A MAJOR IMPEDIMENT TO OUR PROGRESS IN HANDLING DISCARDED MATERIALS. ON THIS POINT, I WOULD NOTE THAT FLORIDA IS ONE OF THE SIX STATES WHICHHAVE STARTED AREAWIDE PLANNING FOR ALTERNATIVES TO PRESENT METHODS OF SOLID WASTE DISPOSAL.

IN SHORT, THESE EXPERIENCES HAVE SHOWN US THAT WE MUST DO MORE, NOW, TO SOLVE DISCARDED-MATERIALS PROBLEMS WHICH ARE PART OF A LARGER PICTURE THAN WE SUSPECTED IN PASSING THE ORIGINAL LAW IN 1965. THIS LEGISLATION WILL ASSIST OUR LOCAL AND STATE GOVERNMENTS IN SOLVING THEIR DISCARDED-MATERIALS PROBLEMS. WILL PROVIDE FOR NATIONAL PROTECTION AGAINST THE IMPROPER DISPOSAL OF HAZARDOUS SUBSTANCES, AND WILL STRENGTHEN THE RESEARCH PROGRAM INITIATED UNDER THE PREVIOUS LEGISLATION. AS SUCH I THINK IT WILL BE A MAJOR CONTRIBUTION TO THE PUBLIC HEALTH, TO OUR ENERGY INDEPENDENCE, AND TO OUR ECONOMIC WELL-BEING, AND I URGE EACH MEMBER OF THE HOUSE TO SUPPORT ITS PASSAGE.

MR. TEAGUE. MR. CHAIRMAN, I RISE IN SUPPORT OF THE BILL CHAIRMAN STAGGERS IS BRINGING BEFORE YOU TODAY, H.R. 14496, BECAUSE PART 2 OF THE BILL WAS DEVELOPED IN THE COMMITTEE ON SCIENCE AND TECHNOLOGY.

YOU HAVE BEFORE YOU A BILL THAT REPRESENTS THE BEST COOPERATIVE EFFORTS OF BOTH COMMITTEES, AND I THINK THAT FACT STRONGLY RECOMMENDS ITS PASSAGE. I WOULD LIKE TO TAKE JUST A FEW MINUTES TO DESCRIBE HOW THIS COOPERATIVE EFFORT CAME TO PASS.

EXERCISING THE SCIENCE COMMITTEE'S JURISDICTION OVER ENVIRONMENTAL RESEARCH, WE HELD HEARINGS -- BEFORE MR. BROWN'S SUBCOMMITTEE ON THE ENVIRONMENT AND THE ATMOSPHERE -- ON SOLID WASTE RESEARCH AND DEVELOPMENT EARLIER THIS YEAR.

SUBSEQUENTLY, IN COOPERATION WITH CHAIRMAN STAGGERS AND CHAIRMAN ROONEY, WE DRAFTED A RESEARCH, DEVELOPMENT, AND DEMONSTRATION BILL RESPONSIVE TO POINTS MADE IN THE HEARINGS. WE HAD NO CONTROVERSY IN MARKING UP THIS BILL, IT WAS ORDERED REPORTED BY A UNANIMOUS VOICE VOTE OF THE FULL SCIENCE COMMITTEE ON AUGUST 10, AND THE REPORT WAS FILED ON SEPTEMBER 1, 1976.

WE HAD PREVIOUSLY AGREED WITH CHAIRMAN STAGGERS THAT THEY WOULD INCORPORATE OUR BILL INTO THEIRS SO THAT THE COMBINED BILL WOULD REPRESENT A COMPREHENSIVE APPROACH TO THE VARIOUS PROBLEMS IN SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY. ALSO, THE COMBINED BILL IS COMPARABLE IN SCOPE TO THE SENATE-PASSED BILL, S. 2150.

THE HOUSE INTERSTATE AND FOREIGN COMMERCE COMMITTEE DID MAKE OUR LANGUAGE PART 2 OF THEIR BILL, AS AGREED, AND THAT IS WHY WE ARE HERE TOGETHER TODAY. I AM VERY HAPPY TO BE ABLE TO REPORT ON THIS EXAMPLE OF CONSTRUCTIVE COOPERATION BETWEEN COMMITTEES, AND I THANK CHAIRMAN STAGGERS AND CHAIRMAN ROONEY FOR THEIR HELP.

I WANT TO EMPHASIZE THAT THIS BILL HAD BROAD SUPPORT IN OUR COMMITTEE. THE BILL WAS DEVELOPED THROUGH OUR SUBCOMMITTEE ON THE ENVIRONMENT AND THE ATMOSPHERE BECAUSE MOST OF THE PROBLEMS ADDRESSED ARE ENVIRONMENTAL IN NATURE. YOU AND THE MEMBERS ALSO KNOW THAT RECOVERY OF ENERGY FROM SOLID WASTE IS AN IMPORTANT NEW AREA OF TECHNOLOGY. IN FACT, THE AVAILABILITY OF ENERGY FROM SOLID WASTE WILL UNDOUBTEDLY "PULL" THE DEVELOPMENT AND IMPLEMENTATION OF NEW TECHNOLOGIES FOR DEALING WITH WASTE. FOR THIS REASON THE BILL WAS DEVELOPED WITH CLOSE COOPERATION BETWEEN MR. BROWN'S SUBCOMMITTEE ONTHE ENVIRONMENT AND THE ATMOSPHERE AND THE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION SUBCOMMITTEE. THE CHAIRMAN AND THE RANKING MINORITY MEMBER OF THAT ENERGY SUBCOMMITTEE, MR. MCCORMACK AND MR. GOLDWATER, INCLUDED ADDITIONAL VIEWS IN OUR REPORT, AND THEIR FIRST SENTENCE STATES VERY WELL ONE MAJOR REASON WHY THE BILL SHOULD BE PASSED. THEY SAID:

THIS LEGISLATION REPRESENTS A MAJOR MILESTONE IN THE CONTINUING CONGRESSIONAL EFFORTS TO FORGE AN EFFECTIVE COORDINATION OF OUR NATION'S ENERGY AND ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAMS.

WE ASKED FOR, AND RECEIVED, AN OPEN RULE, BECAUSE I FEEL THE HOUSE SHOULD BE ABLE TO WORK ITS WILL. ON THE OTHER HAND I FEEL THAT OUR PART OF THE BILL IS IN GOOD SHAPE -- WE HAVE WORKED HARD ON IT -- AND I DO NOT BELIEVE ANY SIGNIFICANT AMENDMENTS ARE NEEDED.

IN SUM, MR. CHAIRMAN, I THINK WE NEED THIS BILL, AND I HOPE ALL THE MEMBERS CAN SUPPORT IT.

MR. FRASER. MR. CHAIRMAN, I WANT TO INDICATE MY SUPPORT FOR THE RESOURCE CONSERVATION AND RECOVERY ACT, H.R. 14496.

I AM PARTICULARLY PLEASED THAT THE INTERSTATE AND FOREIGN COMMERCE COMMITTEE HAS ADDED A PROVISION TO SECTION 406 OF THIS BILL WHICH WILL ENABLE THE METROPOLITAN COUNCIL IN MINNESOTA TO UNDERTAKE DISCARDED MATERIALS PLANNING. IN MOST METROPOLITAN AREAS, REGIONAL PLANNING IS CARRIED OUT BY COUNCILS OF GOVERNMENTS -- COG'S -- WHICH ARE COMPOSED OF REPRESENTATIVES OF LOCAL GOVERNMENTS. IN THE SEVEN COUNTY MINNEAPOLIS-ST. PAUL METROPOLITAN AREA, HOWEVER, AREAWIDE PLANNING IS THE RESPONSIBILITY OF THE METROPOLITAN COUNCIL.

UNLIKE THE COG'S, THE COUNCIL IS NOT COMPOSED OF LOCAL ELECTED OFFICIALS. INSTEAD, ITS 15 MEMBERS ARE APPOINTED BY THE GOVERNOR OF MINNESOTA.

THE METROPOLITAN COUNCIL ALREADY HAS BROAD AUTHORITY UNDER STATE LAW TO UNDERTAKE PLANNING IN THE AREA OF RESOURCE CONSERVATION. SECTION 406 OF THIS BILL WILL ENABLE THE COUNCIL TO CONTINUE THIS IMPORTANT RESPONSIBILITY.

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MR. LEGGETT. MR. CHAIRMAN, WE ARE CONSIDERING TODAY ONE OF THE MOST PRESSING AND DIFFICULT ENVIRONMENTAL PROBLEMS -- THE DISPOSAL OF SOLID WASTES, OR DISCARDED MATERIALS -- THAT NOW CONFRONTS THE NATION. H.R. 14496, THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, TAKES A THREE-PRONGED APPROACH TO SOLVING THE PROBLEMS ASSOCIATED WITH SOLID WASTE. THE BILL WOULD ESTABLISH MANDATORY FEDERAL CONTROLS ON THE DISPOSITION OF HAZARDOUS WASTES,A PROGRAM OF GRANTS TO ENCOURAGE THE STATES TO DEVELOP MANAGEMENT PLANS FOR DISCARDED MATERIALS, AND AN EXPANDED EPA EFFORT ON SOLID WASTE R. & D.

SOLID WASTE CLEARLY REPRESENTS A PROBLEM OF ENORMOUS AND GROWING DIMENSIONS. THE AMOUNT OF SOLID WASTE OR DISCARDED MATERIALS WHICH THE NATION MUST NOW DISPOSE OF IS VARIOUSLY ESTIMATED TO TOTAL BETWEEN 3 AND 4 BILLION TONS PER YEAR. THAT FIGURE IS EXPECTED TO GROW ABOUT 8 PERCENT ANNUALLY OVER THE NEXT DECADE. THE MOST WIDESPREAD METHOD OF DISPOSING OF ALL THIS DISCARDED MATERIAL IS VIA SANITARY LANDFILL.

OUR APPROACH TO DEALING WITH THE SOLID WASTE PROBLEM OUGHT TO FOCUS BASICALLY ON THREE CONSIDERATIONS. THE FOREMOST IS THAT THE DISPOSAL OF THESE ENORMOUS MASSES OF MATERIALS POSES A MAJOR DANGER BOTH TO THE HEALTH AND SAFETY OF OUR PEOPLE AND TO THE QUALITY OF THE ENVIRONMENT. MOREOVER, LAND TO BE USED FOR DISPOSAL OPERATIONS IS BECOMING INCREASINGLY SCARCE AND EXPENSIVE, WHICH IS ONE REASON WHY THE HAZARDOUS PRACTICE OF OCEAN DUMPING IS BECOMING MORE PREVALENT.

DISPOSAL OF SOLID WASTES CAN HAVE A NUMBER OF ADVERSE IMPACTS. CONTAMINATION OF GROUND WATER BY LEACHATE FROM LAND DISPOSAL, OR OF SURFACE WATER BY RUNOFFS FROM LANDFILLS, IS ONE OF THE FOREMOST PROBLEMS. LANDFILLS ALSO CAN POLLUTE THE AIR THROUGH INCINERATION OR EVAPORATION, AND THEY INCREASE THE RISK OF FIRES AND EXPLOSIONS.

THE COSTS OF COLLECTION AND DISPOSAL, NOW ESTIMATED AT $3.5 BILLION A YEAR NATIONALLY, ARE AN ENORMOUS BURDEN. AND THEY CAN ONLY GO UP AS LANDFILL SITES BECOME HARDER TO FIND. FURTHERMORE, IT WILL BECOME MORE AND MORE DIFFICULT FOR LANDFILLS AND INCINERATORS TO MEET POLLUTION CONTROL STANDARDS.

THE IMPLICATION OF THESE CONSTRAINTS IS THAT WE MUST FIND WAYS TO CUT THE AMOUNT OF SOLID WASTE WHICH MUST BE DISPOSED OF. WE MUST MAKE A MAJOR EFFORT TO DEVELOP ADVANCED RESOURCE RECOVERY TECHNIQUES, WHICH WILL ENABLE US TO PRODUCE ENERGY AND OTHER RESOURCES AND RECYCLED MATERIALS.

SUCH AN APPROACH WILL BENEFIT US DOUBLY. NOT ONLY WILL WE REDUCE THE DIMENSIONS OF THE WASTE DISPOSAL PROBLEM, WE WILL ALSO REDUCE CONSUMPTION OF ENERGY, RAW MATERIALS, AND OTHER RESOURCES.

FOR JUST IN THE ENERGY SPHERE, THERE IS EVIDENCE THAT THE ENERGY POTENTIAL OF AMERICA'S SOLID WASTE IS THE EQUIVALENT OF MORE THAT 200 MILLION BARRELS OF OIL A YEAR, WHICH IS OVER A QUARTER OF THE OIL EXPECTED TO BE DELIVERED THROUGH THE ALASKA PIPELINE.

AS THE FIRST STEP TOWARD IMPLEMENTING THIS MULTIFACETED APPROACH TO THE SOLID WASTE PROBLEM, TITLE I OF H.R. 14496 WOULD ESTABLISH AN OFFICE OF DISCARDED MATERIALS WITHIN EPA WITH AUTHORITY TO IMPLEMENT THE ACT. THIS OFFICE WOULD PROVIDE BOTH TECHNICAL AND FINANCIAL ASSISTANCE TO STATE, REGIONAL, AND LOCAL AGENCIES WHICH WERE DEVELOPING DISCARDED MATERIALS PLANS OR HAZARDOUS WASTE MANAGEMENT PROGRAMS.

TITLE II WOULD CONFER ON EPA AUTHORITY TO ESTABLISH MINIMUM STANDARDS FOR HAZARDOUS WASTES. EPA WOULD HAVE AUTHORITY TO IDENTIFY THOSE WHICH ARE HAZARDOUS, AND IN WHAT QUANTITIES, QUALITIES, AND CONCENTRATIONS, AS WELL AS DETERMINE WHICH DISPOSAL METHODS POSE HAZARDS. STATES WOULD, HOWEVER, HAVE THE POWER TO DEVELOP AND IMPLEMENT THEIR OWN STANDARDS PROGRAM, IF IT WAS THE EQUIVALENT OF FEDERAL STANDARDS AND REGULATIONS. EPA WOULD ISSUE REGULATIONS TO GOVERN THOSE SOURCES WHICH GENERATE OR TRANSPORT HAZARDOUS WASTE, AS WELL AS THOSE WHICH TREAT, STORE, OR DISPOSE OF IT. THE ADMINISTRATOR WOULD ALSO HAVE THE POWER TO RECOMMEND METHODS OF TREATMENT, STORAGE, OR DISPOSAL AND TO PROVIDE TECHNICAL ASSISTANCE TO OPERATORS OF FACILITIES PERFORMING THESE FUNCTIONS.

THE BILL WOULD ALSO ESTABLISH, IN TITLE IV, A PROCEDURE FOR STATES AND REGIONS TO DEVELOP COMPREHENSIVE PLANS, IN CONFORMANCE WITH EPA GUIDELINES, FOR HANDLING ALL DISCARDED MATERIALS. THE STATES WOULD HAVE TO MEET A NUMBER OF MINIMUM REQUIREMENTS FOR SANITARY AND ENVIRONMENTALLY SOUND DISPOSAL OF THESE MATERIALS. ONE OF THE PRIMARY AIMS OF THIS PART OF THE BILL IS TO ENCOURAGE CLOSE COOPERATION BETWEEN STATE AND LOCAL GOVERNMENTS IN IMPLEMENTING EFFECTIVE DISPOSAL PLANS.

EVEN WITH IMPROVED WASTE DISPOSAL PLANNING AND MANAGEMENT, WE KNOW THAT TO REALLY GET A HANDLE ON THIS PRO0LEM WE WILL NEED BOTH IMPROVED DISPOSAL TECHNIQUES AND NEW RESOURCE RECOVERY TECHNOLOGIES. IT IS THE PURPOSE OF PART II OF THE BILL TO PROMOTE RESEARCH AND DEVELOPMENT IN BOTH OF THESE AREAS. THIS PROVISION WOULD AUTHORIZE EPA TO CONDUCT RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS IN SLUDGE MANAGEMENT, AIR QUALITY, AND OTHER WASTE DISPOSAL AREAS AS WELL AS STUDIES OF 11 DIFFERENT RESOURCE RECOVERY AND RELATED SUBJECTS.

THE BILL WOULD AUTHORIZE A TOTAL OF $241 MILLION UNDER PART I FOR IMPLEMENTATION OF THE NEW AUTHORITIES, HAZARDOUS WASTE AND DISCARDED MATERIALS PLANNING ASSISTANCE, AND OTHER PURPOSES. PART II WOULD PROVIDE $45 MILLION FOR THE VARIOUS TYPES OF R. & D. CONTEMPLATED BY THE BILL.

MR. CHAIRMAN, THESE SUMS ARE SMALL COMPARED TO THE NEED TO FIND SOLUTIONS TO THIS DIFFICULT AND GROWING PROBLEM. I URGE MY COLLEAGUES TO SUPPORT THIS BILL AS A NECESSARY STEP IN THAT DIRECTION.

THE CHAIRMAN. IF THERE ARE NO FURTHER REQUEST FOR TIME, PURSUANT TO THE RULE, THE CLERK WILL NOW READ BY TITLES PART I OF THE COMMITTEE AMENDMENT IN THE NATURE OF A SUBSTITUTE RECOMMENDED BY THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, NOW PRINTED IN THE BILL AS AN ORIGINAL BILL FOR THE PURPOSE OF AMENDMENT.

THE CLERK READ AS FOLLOWS:

H.R. 14496

BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED,

PART I TITLE I -- GENERAL PROVISIONS SHORT TITLE AND TABLE OF CONTENTS

SEC. 101. THIS ACT, TOGETHER WITH THE FOLLOWING TABLE OF CONTENTS, MAY BE CITED AS THE "RESOURCE CONSERVATION AND RECOVERY ACT OF 1976";

PART I TITLE I -- GENERAL PROVISIONS

SEC. 101. SHORT TITLE AND TABLE OF CONTENTS.

SEC. 102. CONGRESSIONAL FINDINGS.

SEC. 103. OBJECTIVES.

SEC. 104. DEFINITIONS.

SEC. 105. GOVERNMENTAL COOPERATION.

SEC. 106. APPLICATION OF ACT AND INTEGRATION WITH OTHER ACTS.

TITLE II -- OFFICE OF DISCARDED MATERIALS; AUTHORITIES OF THE ADMINISTRATOR

SEC. 201. OFFICE OF DISCARDED MATERIALS.

SEC. 202. AUTHORITIES OF ADMINISTRATOR.

SEC. 203. SUPERVISION OF LITIGATION.

SEC. 204. DEVELOPMENT, EVALUATION, AND DISSEMINATION OF INFORMATION.

SEC. 205. RESOURCE RECOVERY AND CONSERVATION PANELS.

SEC. 206. STUDY ON MINING WASTE.

SEC. 207. SLUDGE STUDY.

SEC. 208. GRANTS FOR DISCARDED TIRE DISPOSAL.

SEC. 209. ANNUAL REPORT.

SEC. 210. GENERAL AUTHORIZATION.

TITLE III - HAZARDOUS WASTE MANAGEMENT

SEC. 301. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE.

SEC. 302. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE.

SEC. 303. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE.

SEC. 304. STANDARDS APPLICABLE TO OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES.

SEC. 305. PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE.

SEC. 306. AUTHORIZED STATE HAZARDOUS WASTE PERMIT PROGRAMS.

SEC. 307. INSPECTIONS.

SEC. 308. FEDERAL ENFORCEMENT.

SEC. 309. RETENTION OF STATE AUTHORITY.

SEC. 310. EFFECTIVE DATE.

SEC. 311. AUTHORIZATION OF ASSISTANCE TO STATES.

TITLE IV -- STATE OR REGIONAL DISCARDED MATERIALS PLANS

SEC. 401. OBJECTIVES OF TITLE.

SEC. 402. FEDERAL GUIDELINES FOR PLANS.

SEC. 403. MINIMUM REQUIREMENTS FOR APPROVAL OF PLANS.

SEC. 404. CRITERIA FOR SANITARY LANDFILLS; SANITARY LANDFILLS REQUIRED FOR ALL DISPOSAL.

SEC. 405. UPGRADING OF OPEN DUMPS.

SEC. 406. PROCEDURE FOR DEVELOPMENT AND IMPLEMENTATION OF STATE PLAN.

SEC. 407. APPROVAL OF STATE PLAN; FEDERAL ASSISTANCE.

SEC. 408. FEDERAL ASSISTANCE.

SEC. 409. REPEAL OF EXISTING AUTHORITY.

TITLE V -- DUTIES OF THE SECRETARY OF COMMERCE IN RESOURCES CONSERVATION AND RECOVERY

SEC. 501. FUNCTIONS.

SEC. 502. DEVELOPMENT OF SPECIFICATIONS FOR SECONDARY MATERIALS.

SEC. 503. DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS.

SEC. 504. TECHNOLOGY PROMOTION.

SEC. 505. INFORMATION EXCHANGE.

TITLE VI -- FEDERAL RESPONSIBILITIES

SEC. 601. APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO FEDERAL FACILITIES.

SEC. 602. FEDERAL PROCUREMENT.

SEC. 603. COOPERATION WITH ENVIRONMENTAL PROTECTION AGENCY.

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TITLE VII -- MISCELLANEOUS PROVISIONS

SEC. 701. EMPLOYEE PROTECTION.

SEC. 702. CITIZEN UNITS.

SEC. 703. IMMINENT HAZARD.

SEC. 704. PETITION FOR REGULATION.

SEC. 705. SEPARABILITY.

PART II

SEC. 2001. SHORT TITLE.

SEC. 2002. FINDINGS.

SEC. 2003. DEFINITIONS.

SEC. 2004. CONTINUING STUDIES, RESEARCH, ETC.

SEC. 2005. SPECIAL STUDIES, INFORMATION, FULL SCALE FACILITIES, AND COORDINATING COMMITTEE.

SEC. 2006. AUTHORIZATION OF APPROPRIATIONS.

SEC. 2007. SUNSHINE REGULATIONS.

CONGRESSIONAL FINDINGS

SEC. 102. (A) ENVIRONMENT AND HEALTH. -- THE CONGRESS FINDS WITH RESPECT TO THE ENVIRONMENT AND HEALTH, THAT

(1) ALTHOUGH LAND IS TOO VALUABLE A NATIONAL RESOURCE TO BE NEEDLESSLY POLLUTED BY DISCARDED MATERIALS, MOST DISCARDED MATERIALS ARE DISPOSED OF ON LAND IN OPEN DUMPS AND SANITARY LANDFILLS:

(2) DISPOSAL OF DISCARDED MATERIALS AND HAZARDOUS WASTE IN OR ON THE LAND WITHOUT CAREFUL PLANNING AND MANAGEMENT CAN PRESENT A DANGER TO HUMAN HEALTH AND THE ENVIRONMENT;

(3) AS A RESULT OF THE CLEAN AIR ACT, THE WATER POLLUTION CONTROL ACT, AND OTHER FEDERAL AND STATE LAWS RESPECTING PUBLIC HEALTH AND THE ENVIRONMENT, GREATER AMOUNTS OF DISCARDED MATERIAL (IN THE FORM OF SLUDDGE AND OTHER POLLUTION TREATMENT RESIDUES) HAVE BEEN CREATED, WHILE, SIMILARLY, INADEQUATE AND ENVIRONMENTALLY UNSOUND PRACTICES FOR THE DISPOSAL OR USE OF DISCARDED MATERIAL HAVE CREATED GREATER AMOUNTS OF AIR AND WATER POLLUTION AND OTHER PROBLEMS FOR THE ENVIRONMENT AND FOR HEALTH;

(4) OPEN DUMPING IS PARTICULARLY HARMFUL TO HEALTH, CONTAMINATES DRINKING WATER FROM UNDERGROUND AND SURFACE SUPPLIES, AND POLLUTES THE AIR AND THE LAND;

(5) HAZARDOUS WASTE PRESENTS, IN ADDITION TO THE PROBLEMS ASSOCIATED WITH DISCARDED MATERIAL, SPECIAL HAZARDS FOR HEALTH AND REQUIRES A GREATER DEGREE OF REGULATION THAN DOES DISCARDED MATERIAL; AND

(6) ALTERNATIVES TO EXISTING METHODS OF LAND DISPOSAL MUST BE DEVELOPED IF PROBLEMS ASSOCIATED WITH PROJECTED INCREASES IN THE VOLUME OF DISCARDED MATERIALS AND HAZARDOUS WASTE ARE TO BE ALLEVIATED.

(B) MATERIALS. -- THE CONGRESS FINDS WITH RESPECT TO MATERIALS, THAT

(1) BILLIONS OF TONS OF RECOVERABLE MATERIAL WHICH COULD BE USED ARE NEEDLESSLY BURIED EACH YEAR.

(2) METHODS ARE AVAILABLE TO SEPARATE USABLE MATERIALS FROM OTHER DISCARDED MATERIALS; 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.

(C) ENERGY. -- THE CONGRESS FINDS WITH RESPECT TO ENERGY, THAT

(1) DISCARDED MATERIALS REPRESENT A POTENTIAL SOURCE OF SOLID FUEL, OIL, OR GAS THAT CAN BE CONVERTED INTO ENERGY;

(2) THE NEED EXISTS TO DEVELOP ALTERNATIVE ENERGY SOURCES FOR PUBLIC AND PRIVATE CONSUMPTION IN ORDER TO REDUCE OUR DEPENDENCE ON SUCH SOURCES AS PETROLEUM PRODUCTS, NATURAL GAS, NUCLEAR AND HYDROELECTRIC GENERATION; AND

(3) TECHNOLOGY EXISTS TO PRODUCE USABLE ENERGY FROM DISCARDED

MATERIALS.

OBJECTIVES

SEC. 103. THE OBJECTIVES OF THIS ACT ARE TO PROMOTE THE PROTECTION OF HEALTH AND THE ENVIRONMENT AND TO CONSERVE VALUABLE MATERIAL AND ENERGY RESOURCES BY

(1) ESTABLISHING A COOPERATIVE EFFORT AMONG THE FEDERA, STATE, AND LOCAL GOVERNMENTS AND PRIVATE ENTERPRISE IN ORDER TO RECOVER VALUABLE MATERIALS AND ENERGY FROM DISCARDED MATERIAL;

(2) PROVIDING TECHNICAL AND FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS AND INTERSTATE AGENCIES FOR THE DEVELOPMENT OF DISCARDED MATERIAL PLANS (INCLUDING RESOURCE RECOVERY SYSTEMS) WHICH WILL PROMOTE IMPROVED DISCARDED MATERIAL MANAGEMENT TECHNIQUES (INCLUDING MORE EFFECTIVE ORGANIZATIONAL ARRANGEMENTS), NEW AND IMPROVED METHODS OF COLLECTION, SEPARATION, AND RECOVERY OF DISCARDED MATERIAL, AND THE ENVIRONMENTALLY SAFE DISPOSAL OF NONRECOVERABLE RESIDUES;

(3) PROHIBITING FUTURE OPEN DUMPING ON THE LAND AND REQUIRING THE CONVERSION OF EXISTING OPEN DUMPS TO FACILITIES WHICH DO NOT POSE A DANGER TO THE ENVIRONMENT OR TO HEALTH; AND

(4) REGULATING THE TREATMENT, STORAGE, TRANSPORTATION, AND DISPOSAL OF HAZARDOUS WASTES WHICH HAVE ADVERSE EFFECTS ON HEALTH AND THE ENVIRONMENT.

DEFINITIONS

SEC. 104. AS USED IN THIS ACT:

(1) THE TERM "ADMINISTRATOR" MEANS THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY.

(2) THE TERM "DISCARDED MATERIAL" MEANS ANY GARBAGE, REFUSE, SLUDGE, OR OTHER WASTE, INCLUDING SOLID, LIQUID, SEMISOLID, OR CONTAINED GASEOUS MATERIAL FROM ANY SOURCE.

(3) THE TERMS "DISCARDED MATERIAL PLANNING", "DISCARDED

MATERIAL MANAGEMENT" AND "COMPREHENSIVE PLANNING" INCLUDE

PLANNING OR MANAGEMENT RESPECTING RESOURCE RECOVERY AND

RESOURCE CONSERVATION.

(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 DISCARDED MATERIAL, OR COMBINATION OF DISCARDED MATERIALS, WHICH BECAUSE OF ITS QUANTITY, CONCENTRATION, OR PHYSICAL, CHEMICAL, OR INFECTIOUS CHARACTERISTCS MAY

(A) CAUSE, OR SIGNIFICANTLY CONTRIBUTE TO AN INCREASE IN MORTALITY OR AN INCREASE IN SERIOUS IRREVERSIBLE, OR INCAPACITATING REVERSIBLE, ILLNESS; OR

(B) POSE A SUBSTANTIAL PRESENT OR POTENTIAL HAZARD TO HUMAN HEALTH OR THE ENVIRONMENT WHEN IMPROPERLY TREATED, STORED, TRANSPORTED, OR DISPOSED OF, OR OTHERWISE MANAGED.

(6) THE TERM "HAZARDOUS WASTE GENERATION" MEANS THE ACT OR PROCESS OF PRODUCING HAZARDOUS WASTE.

(7) FOR PURPOSES OF FEDERAL FINANCIAL 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 TITLE IV OF THIS ACT.

(8) THE TERM "LONG-TERM CONTRACT" MEANS, WHEN USED IN RELATION TO DISCARDED MATERIAL SUPPLY, A CONTRACT OF SUFFICIENT DURATION TO ASSURE THE VIABILITY OF A RESOURCE RECOVERY FACILITY (TO THE EXTENT THAT SUCH VIABILITY DEPENDS UPON DISCARDED MATERIAL SUPPLY).

(9) THE TERM "MANIFEST" MEANS THE FORM USED FOR IDENTIFYING THE QUANTITY, COMPOSITION, AND THE ORIGIN, ROUTING, AND DESTINATION OF HAZARDOUS WASTE DURING ITS TRANSPORTATION FROM THE POINT OF GENERATION TO THE POINT OF DISPOSAL, TREATMENT, OR STORAGE.

(10) 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 OF DISCARDED MATERIAL MANAGEMENT, 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.

(11) THE TERM "OPEN DUMP" MEANS A SITE FOR THE DISPOSAL OF DISCARDED MATERIAL WHICH IS NOT A SANITARY LANDFILL WITHIN THE MEANING OF SECTION 404.

(12) THE TERM "PERSON" MEANS AN INDIVIDUAL, TRUST, FIRM, JOINT STOCK COMPANY, CORPORATION (INCLUDING A GOVERNMENT CORPORATION), PARTNERSHIP, ASSOCIATION, STATE, MUNICIPALITY, COMMISSION, POLITICAL SUBDIVISION OF A STATE, ANY INTERSTATE BODY.

(13) THE TERM "PROCUREMENT ITEM" MEANS ANY DEVICE, GOOD, SUBSTANCE, MATERIAL, PRODUCT, OR OTHER ITEM WHETHER REAL OR PERSONAL PROPERTY WHICH IS THE SUBJECT OF ANY PURCHASE, BARTER, OR OTHER EXCHANGE MADE TO PROCURE SUCH ITEM.

(14) 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 PERSON CONTRACTING WITH ANY SUCH AGENCY WITH RESPECT TO WORK PERFORMED UNDER SUCH CONTRACT.

(15) THE TERM "RECOVERABLE" REFERS TO THE CAPABILITY AND LIKELIHOOD OF BEING RECOVERED FROM DISCARDED MATERIAL FOR A COMMERCIAL OR INDUSTRIAL USE.

(16) THE TERM "RECOVERED MATERIAL" MEANS MATERIAL WHICH HAS BEEN COLLECTED OR RECOVERED FROM DISCARDED MATERIAL.

(17) THE TERM "RECOVERED RESOURCES" MEANS MATERIAL OR ENERGY RECOVERED FROM DISCARDED MATERIAL.

(18) THE TERM "RESOURCE CONSERVATION" MEANS THE REDUCTION OF OVERALL RESOURCE CONSUMPTION, AND UTILIZATION OF RECOVERED RESOURCES.

(19) THE TERM "RESOURCES RECOVERY" MEANS THE RECOVERY OF MATERIAL OR ENERGY FROM DISCARDED MATERIAL.

(20) THE TERM "RESOURCE RECOVERY FACILITY" MEANS ANY FACILITY AT WHICH DISCARDED MATERIAL IS PROCESSED FOR THE PURPOSE OF EXTRACTING, CONVERTING TO ENERGY, OR OTHERWISE SEPARATING AND PREPARING DISCARDED MATERIAL FOR REUSE.

(21) THE TERM "REGIONAL AUTHORITY" MEANS THE AUTHORITY ESTABLISHED OR DESIGNATED UNDER SECTION 406.

(22) THE TERM "SANITARY LANDFILL" MEANS A FACILITY FOR THE DISPOSAL OF DISCARDED MATERIAL WHICH MEETS THE CRITERIA PUBLISHED UNDER SECTION 404.

(23) THE TERM "STATE" MEANS ANY OF THE SEVERAL STATES, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AMERICAN SAMOA, AND THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

(24) THE TERM "STATE AUTHORITY" MEANS THE AGENCY ESTABLISHED OR DESIGNATED UNDER SECTION 407.

(25) THE TERM "STORAGE", WHEN USED IN CONNECTION WITH HAZARDOUS WASTE, EITHER ON A TEMPORARY BASIS OR FOR A PERIOD OF YEARS, IN SUCH A MANNER AS NOT TO CONSTITUTE DISPOSAL OF SUCH HAZARDOUS WASTE.

(26) THE TERM "TREATMENT", WHEN USED IN CONNECTION WITH HAZARDOUS WASTE, MEANS ANY METHOD, TECHNIQUE, OR PROCESS, INCLUDING NEUTRALIZATION, DESIGNED TO CHANGE THE PHYSICAL, CHEMICAL, OR BIOLOGICAL CHARACTER OR COMPOSITION OF ANY HAZARDOUS WASTE SO AS TO NEUTRALIZE SUCH WATER OR SO AS TO RENDER SUCH WASTE NONHAZARDOUS, SAFER FOR TRANSPORT, AMENABLE FOR RECOVERY, AMENABLE FOR STORAGE, OR REDUCED IN VOLUME. SUCH TERM INCLUDES ANY ACTIVITY OR PROCESSING DESIGNED TO CHANGE THE PHYSICAL FORM OR CHEMICAL COMPOSITION OF HAZARDOUS WASTE SO AS TO RENDER IT NON-HAZARDOUS.

(27) 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.

RESOURCES CONSERVATION AND RECOVERY ACT OF 1976

760927

PART 011 OF 36

HOUSE OF REPRESENTATIVES

100016

CONGRESSIONAL RECORD

HOUSE

MICROFORM REFILMED; SEE APPENDICES.

GOVERNMENTAL COOPERATION

SEC. 105. (A) INTERSTATE COOPERATION. -- THE PROVISIONS OF THIS ACT TO BE CARRIED OUT BY STATES MAY BE CARRIED OUT BY INTERSTATE AGENCIES AND PROVISIONS APPLICABLE TO STATES MAY APPLY TO INTERSTATE REGIONS WHERE SUCH AGENCIES AND REGIONS HAVE BEEN ESTABLISHED BY THE RESPECTIVE STATES AND APPROVED BY THE ADMINISTRATOR. IN ANY SUCH CASE, ACTION REQUIRED TO BE TAKEN BY THE GOVERNOR OF A STATE, RESPECTING REGIONAL DESIGNATION SHALL BE REQUIRED TO BE TAKEN BY THE GOVERNOR OF EACH OF THE RESPECTIVE STATES WITH RESPECT TO SO MUCH OF THE INTERSTATE REGION AS IS WITHIN THE JURISDICTION OF THAT STATE.

(B) CONSENT OF CONGRESS TO COMPACTS. -- THE CONSENT OF CONGRESS IS HEREBY GIVEN TO TWO OR MORE STATES TO NEGOTIATE AND ENTER INTO AGREEMENTS OR COMPACTS, NOT IN CONFLICT WITH ANY LAW OR TREATY OF THE UNITED STATES, FOR

(1) COOPERATIVE EFFORT AND MUTUAL ASSISTANCE FOR THE MANAGEMENT OF DISCARDED MATERIALS OR HAZARDOUS WASTE (OR BOTH) AND THE ENFORCEMENT OF THEIR RESPECTIVE LAWS RELATING THERETO, AND

(2) THE ESTABLISHMENT OF SUCH AGENCIES, JOINT OR OTHERWISE, AS THEY MAY DEEM DESIRABLE FOR MAKING EFFECTIVE SUCH AGREEMENTS OR COMPACTS. NO SUCH AGREEMENT OR COMPACT SHALL BE BINDING OR OBLIGATORY UPON ANY STATE A PARTY THERETO UNLESS IT IS AGREED UPON BY ALL PARTIES TO THE AGREEMENT AND UNTIL IT HAS BEEN APPROVED BY THE ADMINISTRATOR AND THE CONGRESS.

APPLICATION OF ACT AND INTERGRATION WITH OTHER ACTS

SEC. 106. (A) APPLICATION OF ACT. -- NOTHING IN THIS ACT SHALL BE CONSTRUED TO APPLY TO (OR TO AUTHORIZE ANY STATE, INTERSTATE, OR LOCAL AUTHORITY TO REGULATE) ANY ACTIVITY OR SUBSTANCE WHICH IS SUBJECT TO THE FEDERAL WATER POLLUTION CONTROL ACT ( 33 U.S.C. 1151 AND FOLLOWING), THE SAFE DRINKING WATER ACT (42 U.S.C. 300F AND FOLLOWING), THE 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 ACTS.

(B) INTEGRATION WITH OTHER ACTS. -- THE ADMINISTRATOR SHALL INTEGRATE ALL PROVISIONS OF THIS ACT FOR PURPOSES OF ADMINISTRATION AND ENFORCEMENT AND SHALL AVOID DUPLICATION, TO THE MAXIMUM EXTENT PRACTICABLE, WITH THE APPROPRIATE PROVISIONS OF THE SOLID WASTE DISPOSAL ACT (42 U.S.C. 3251 AND FOLLOWING), 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 U.S.C. 1401 AND FOLLOWING) AND SUCH OTHER ACTS OF CONGRESS AS GRANT REGULATORY AUTHORITY TO THE ADMINISTRATOR. SUCH INTERGRATION 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.

TITLE II -- OFFICE OF DISCARDED MATERIALS: AUTHORITIES OF THE

ADMINISTRATOR

SEC. 201. THE ADMINISTRATOR SHALL ESTABLISH WITHIN THE ENVIRONEMNTAL PROTECTION AGENCY AN OFFICE OF DISCARDED MATERIALS (HEREINAFTER REFERRED TO AS THE "OFFICE") TO BE HEADED BY A DEPUTY ASSISTANT ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY. THE DUTIES AND RESPONSIBILITIES (OTHER THAN DUTIES AND RESPONSIBILITIES RELATING TO RESEARCH AND DEVELOPMENT) OF THE ADMINISTRATOR UNDER THIS ACT AND UNDER THE SOLID WASTE DISPOSAL ACT (42 U.S.C. 3251 AND FOLLOWING) (AS MODIFIED BY APPLICABLE REORGANIZATION PLANS) SHALL BE CARRIED OUT THROUGH THE OFFICE.

AUTHORITIES OF ADMINISTRATOR

SEC. 202 (A) AUTHORITIES. -- IN CARRYING OUT THIS ACT, THE ADMINISTRATOR IS AUTHORIZED TO

(1) PRESCRIBE, IN CONSULTATION WITH FEDERAL, STATE, AND REGIONAL AUTHORITIES, SUCH REGULATIONS AS ARE NECESSARY TO CARRY OUT HIS FUNCTIONS UNDER THIS ACT;

(2) CONSULT WITH OR EXCHANGE INFORMATION WITH OTHER FEDERAL AGENCIES UNDERTAKING RESEARCH, DEVELOPMENT, DEMONSTRATION PROJECTS, STUDIES, OR INVESTIGATIONS RELATING TO DISCARDED MATERIALS;

(3) PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE TO STATES OR REGIONAL AGENCIES IN THE DEVELOPMENT AND IMPLEMENTATION OF DISCARDED MATERIALS PLANS AND HAZARDOUS WASTE MANAGEMENT PROGRAMS;

(4) CONSULT WITH REPRESENTATIVES OF SCIENCE, INDUSTRY, AGRICULTURE, 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 REIMBURSABLE 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 OF REGULATIONS. -- EACH REGULATION PROMULGATED UNDER THIS ACT SHALL BE REVIEWED AND, WHERE NECESSARY, REVISED NOT LESS FREQUENTLY THAN EVERY THREE YEARS.

SUPERVISION OF LITIGATION

SEC. 203. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ANY CIVIL ACTION UNDER THIS ACT BROUGHT BY THE ADMINISTRATOR AGAINST ANY OFFICER, EMPLOYEE, DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF THE UNITED STATES, THE ADMINISTRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO COMMENCE AND SUPERVISE THE LITIGATION OF SUCH ACTION AND ANY APPEAL OF SUCH ACTION (INCLUDING APPEAL OR WRIT OF CERTIORARI IN THE SUPREME COURT) IN HIS OWN NAME BY ANY ATTORNEY OF THE ENVIRONMENTAL PROTECTION AGENCY DESIGNATED BY HIM FOR SUCH PURPOSE, UNLESS THE ADMINISTRATOR AUTHORIZES THE ATTORNEY GENERAL TO DO SO. THE ADMINISTRATOR SHALL INFORM THE ATTORNEY GENERAL OF THE EXERCISE OF SUCH AUTHORITY AND SUCH EXERCISE SHALL NOT PRECLUDE THE ATTORNYE GENERAL FROM INTERVENING UNDER ANY OTHER AUTHORITY OF LAW ON BEHALF OF THE UNITED STATES IN SUCH ACTION AND ANY APPEAL OF SUCH ACTION.

DEVELOPMENT, EVALUATION, AND DISEMINATION OF IMFORMATION

SEC. 204. (A) COLLECTION OF INFORMATION. -- THE ADMINISTRATOR SHALL DEVELOP AND EVALUATE INFORMATION ON

(1) METHODS AND COSTS OF THE COLLECTION OF DISCARDED MATERIALS;

(2) DISCARDED MATERIALS MANAGEMENT PRACTICES, INCLUDING DATA IN THE DIFFERENT MANAGEMENT METHODS AND THE COST, OPERATION, AND MAINTENANCE OF SUCH METHODS;

(3) THE AMOUNTS AND PERCENTAGES OF RESOURCES (INCLUDING ENERGY) THAT CAN BE RECOVERED FROM DISCARDED MATERIALS BY USE OF VARIOUS DISCARDED MATERIALS MANAGEMENT PRACTICES AND VARIOUS TECHNOLOGIES;

(4) METHODS AVAILABLE TO REDUCE THE AMOUNT OF DISCARDED MATERIALS THAT ARE GENERATED;

(5) EXISTING AND DEVELOPING TECHNOLOGIES FOR THE RECOVERY OF ENERGY OR MATERIALS FROM DISCARDED MATERIALS AND THE COSTS, RELIABILITY, AND RISKS ASSOCIATED WITH SUCH TECHNOLOGIES;

(6) HAZARDOUS WASTE, INCLUDING DAMAGE INCIDENTS AS A RESULT OF THE DISPOSAL OF HAZARDOUS WASTES; INHERENTLY AND POTENTIALLY HAZARDOUS WASTE; METHODS OF NEUTRALIZING, STORING, TRANSPORTING, TESTING, LABELING, OR PROPERLY DISPOSING OF HAZARDOUS WASTES; FACILITIES THAT PROPERLY STORE, TREAT, OR DISPOSE OF HAZARDOUS WASTES;

(7) METHODS OF FINANCING RESOURCE RECOVERY FACILITIES OR, SANITARY LANDFILLS, OR HAZARDOUS WASTE TREATMENT FACILITIES, WHICHEVER IS APPROPRIATE FOR THE ENTITY DEVELOPING SUCH FACILITY OR LANDFILL (TAKING INTO ACCOUNT THE AMOUNT OR NATURE OF DISCARDED MATERIAL OR HAZARDOUS WASTE REASONABLY EXPECTED TO BE AVAILABLE TO SUCH ENTITY); AND

(8) THE AVAILABILITY OF MARKETS FOR THE PURCHASE OF RESOURCES, EITHER MATERIALS OR ENERGY, RECOVERED FROM DISCARDED MATERIALS.

(B) REFERENCE LIBRARY AND DISEMINATION OF INFORMATION. -- THE ADMINISTRATOR SHALL ESTABLISH AND MAINTAIN A CENTRAL REFERENCE LIBRARY FOR THE MATERIALS COLLECTED PURSUANT TO SUBSECTION (A) OF THIS SECTION AND THE ACTUAL PERFORMANCE AND COST EFFECTIVENESS RECORDS AND OTHER DATA AND INFORMATION WITH RESPECT BO

(1) THE VARIOUS METHODS OF ENERGY AND MATERIALS RECOVERY FROM DISCARDED MATERIAL.

(2) THE VARIOUS SYSTEMS AND MEANS OF RESOURCE CONSERVATION,

(3) THE VARIOUS SYSTEMS AND TECHNOLOGIES FOR COLLECTION, TRANSPORT, STORAGE TREATMENT, AND FINAL DISPOSITION OF DISCARDED MATERIAL, AND

(4) OTHER ASPECTS OF DISCARDED MATERIALS AND HAZARDOUS WASTE MANAGEMENT. SUCH CENTRAL REFERENCE LIBRARY SHALL ALSO CONTAIN, BUT NOT BE LIMITED TO, THE MODEL CODES AND MODEL ACCOUNTING SYSTEMS DEVELOPED UNDER THIS SECTION, THE INFORMATION COLLECTED UNDER SUBSECTION (E) (RELATING TO RESOURCE CONSERVATION AND RECOVERY), AND, SUBJECT TO THE CONFIDENTIALITY REQUIRED PURSUANT TO SECTION 1905 OF TITLE 18 OF THE UNITED STATES CODE, INFORMATION PROVIDED BY RESOURCE RECOVERY PANELS WHICH HAS BEEN ACQUIRED BY SUCH PANELS IN THE CONDUCT OF THEIR FUNCTIONS UNDER THIS ACT AND WHICH MAY BE OF VALUE TO FEDERAL, STATE, AND LOCAL AUTHORITIES AND OTHER PERSONS. SUCH INFORMATION SHALL, TO THE EXTENT PRACTICABLE, BE PUBLISHED AND SHALL BE MADE AVAILABLE TO STATE AND LOCAL GOVERNMENTS AND OTHER PERSONS AT REASONABLE TIMES AND SUBJECT TO SUCH REASONABLE CHARGES AS MAY BE NECESSARY TO DEFRAY EXPENSES OF MAKING SUCH INFORMATION AVAILABLE. THE ADMINISTRATOR SHALL ALSO IMPLEMENT A PROGRAM FOR THE RAPID DISSEMINATION OF INFORMATION RELATING TO ALL SUCH ASPECTS OF DISCARDED MATERIALS AND HAZARDOUS WASTE MANAGEMENT, INCLUDING THE RESULTS OF ANY RESEARCH, DEVELOPMENTS, DEMONSTRATIONS, INVESTIGATIONS, EXPERIMENTS, SURVEYS, STUDIES RELATING TO DISCARDED MATERIALS OR HAZARDOUS WASTES THAT ARE UNDERTAKEN BY OTHER FEDERAL AGENCIES.

(C) MODEL CODES. -- THE ADMINISTRATOR IS AUTHORIZED, IN COOPERATION WITH APPROPRIATE STATE AND LOCAL AGENCIES, TO RECOMMEND MODEL CODES, ORDINANCES, AND STATUES, INCLUDING CODES, ORDINANCES, AND STATUTES DESIGNED TO IMPLEMENT TITLE IV OF THIS ACT.

(D) MODEL, ACCOUNTING SYSTEM. -- IN ORDER TO ASSIST STATE AND LOCAL GOVERNMENTS IN DETERMINING THE COSTS AND REVENUES ASSOCIATED WITH THE COLLECTION AND DISPOSAL OF DISCARDED MATERIAL AND WITH RESOURCE RECOVERY OPERATIONS, THE ADMINISTRATOR SHALL DEVELOP AND PUBLISH A RECOMMENDED MODEL COST AND REVENUE ACCOUNTING SYSTEM APPLICABLE TO THE COLLECTION, DISPOSAL, AND OTHER DISCARDED MATERIAL MANAGEMENT FUNCTIONS OF STATE AND LOCAL GOVERNMENTS. SUCH SYSTEMS SHALL BE IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. THE ADMINISTRATOR SHALL PERIODICALLY, BUT NOT LESS FREQUENTLY THAN ONCE EVERY FIVE YEARS, REVIEW SUCH ACCOUNTING SYSTEM AND REVISE IT AS NECESSARY.

(E) INFORMATION CONCERNING RESOURCE CONSERVATION AND RECOVERY. -- THE ADMINISTRATOR SHALL COLLECT AND MAKE AVAILABLE (THROUGH PUBLIC EDUCATION PROGRAMS, PUBLICATIONS, OR OTHER APPROPRIATE MEANS), INFORMATION CONCERNING THE ACTIVITIES OF THE OFFICE PERTAINING TO RESEARCH, DEVELOPMENT, FEASIBILITY AND OPERATION OF RESOURCE CONSERVATION AND RECOVERY FACILITIES, AND ANY OTHER TECHNICAL, MANAGERIAL, FINANCIAL, OR MARKET ASPECT OF SUCH FACILITIES.

(F) COOPERATION WITH STATE AND LOCAL AUTHORITIES. -- IN COLLECTING AND DISSEMINATING INFORMATION UNDER THIS SECTION, THE ADMINISTRATOR SHALL COORDINATE HIS ACTIONS AND COOPERATE TO THE MAXIMUM EXTENT POSSIBLE WITH STATE AND LOCAL AUTHORITIES.

RESOURCES RECOVERY AND CONSERVATION PANELS

SEC. 205. (A) ESTABLISHMENT AND COMPOSITION. -- THE ADMINISTRATOR SHALL ESTABLISH WITHIN THE OFFICE, RESOURCE RECOVERY AND CONSERVATION PANELS, EACH TO BE COMPOSED OF FOUR MEMBERS. EACH SUCH PANEL SHALL HAVE

(1) ONE MEMBER WITH EXPERTISE IN THE FINANCING OF RESOURCE RECOVERY FACILITIES AND IN PRODUCT MARKETING FOR PRODUCTS OF RESOURCE RECOVERY OPERATIONS,

(2) ONE MEMBER WITH EXPERTISE IN TECHNIQUES, METHODS, AND SYSTEMS OF RESOURCE CONSERVATION,

(3) ONE MEMBER WITH EXPERTISE IN THE TECHNOLOGY OF RESOURCE RECOVERY, AND

(4) ONE MEMBER WITH SPECIAL KNOWLEDGE RESPECTING THE LEGAL AND INSTITUTIONAL BARRIERS TO EFFECTIVE AND SUCCESSFUL RESOURCE RECOVERY EFFORTS. SUCH MEMBERS MAY BE OFFICERS OR EMPLOYEES OF THE ENVIRONMENTAL PROTECTION AGENCY OR OFFICERS OR EMPLOYEES OF ANY OTHER AGENCY OF THE UNITED STATES EITHER DETAILED TO THE ADMINISTRATOR ON A REIMBURSABLE BASIS OR ASSIGNED UNDER CONTRACT OR COOPERATIVE AGREEMENT.

(B) DUTIES. -- RESOURCE RECOVERY AND CONSERVATION PANELS SHALL

(1) ASSIST STATE, LOCAL, AND REGIONAL AUTHORITIES IN PLANNING THE CONSTRUCTION AND OPERATION OF RESOURCE RECOVERY FACILITIES PURSUANT TO TITLE IV OF THIS ACT, AND

(2) STUDY AND PROVIDE ASSISTANCE TO STATE AND LOCAL GOVERNMENTS RESPECTING PROGRAMS FOR RESOURCE CONSERVATION AND PROGRAMS FOR RESOURCE RECOVERY, INCLUDING THE FINANCIAL, MARKETING, TECHNICAL, LEGAL, AND INSTITUTIONAL ASPECTS OF SUCH PROGRAMS.

STUDY ON MINING WASTE

SEC. 206. (A) STUDY AND REPORT. -- THE ADMINISTRATION SHALL UNDERTAKE A STUDY AND PUBLISH A REPORT ON DISCARDED MATERIAL RESULTING FROM MINING. SUCH STUDY SHALL INCLUDE AN ANALYSIS OF (1) THE SOURCES AND VOLUME OF DISCARED MATERIAL GENERATED PER YEAR FROM MINING; (2) PRESENT DISPOSAL PRACTICES; (3) POTENTIAL DANGERS TO HUMAN HEALTH AND THE ENVIRONMENT FROM SURFACE RUNOFF OF LEACHATE AND AIR POLLUTION BY DUST; (4) ALTERNATIVES TO CURRENT DISPOSAL METHODS; (5) THE COST OF THOSE ALTERNATIVES IN TERMS OF THE IMPACT ON MINE PRODUCT COSTS; AND (6) POTENTIAL FOR USE OF DISCARDED MATERIALS AS A SECONDARY SOURCE OF THE MINE PRODUCT.

(B) AUTHORIZATION. -- THERE IS AUTHORIZED TO BE AYPROPRIATED 500,000 DOLLARS FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS SECTION.

SLUDGE STUDY

SEC. 207. (A) STUDY AND REPORT. -- THE ADMINISTRATOR SHALL UNDERTAKE A COMPREHENSIVE STUDY AND PUBLISH A REPORT ON SLUDGE. SUCH STUDY SHALL INCLUDE AN ANALYSIS OF

(1) WHAT TYPES OF DISCARDED MATERIAL (INCLUDING SEWAGE AND POLLUTION TREATMENT RESIDUES AND OTHER RESIDUES FROM INDUSTRIAL OPERATIONS, SUCH AS EXTRACTION OF OIL FROM SHALE AND COAL SLURRY PIPELINE OPERATIONS) SHOULD BE CLASSIFIED, BECAUSE OF THEIR COMMON CHARACTERISTICS, AS SLUDGE;

(2) THE EFFECTS OF AIR AND WATER POLLUTION REGULATION ON THE CREATION OF LARGE VOLUMES OF SLUDGE;

(3) THE AMOUNTS OF SLUDGE ORIGINATING IN EACH STATE AND IN INDUSTRY PRODUCING SLUDGE;

(4) METHODS OF PROCESSING AND DISPOSAL OF SUCH SLUDGE, INCLUDING THE COST, EFFICIENCY, AND EFFECTIVENESS OF SUCH METHODS;

(5) ALTERNATIVE METHODS FOR THE USE OF SLUDGE; AND

(6) METHODS TO RECLAIM AREAS WHICH HAVE BEEN USED FOR THE DISPOSAL OF SLUDGE OR WHICH HAVE BEEN DAMAGED BY SLUDGE. IN ADDITION TO SUCH STUDY, THE ADMINISTRATOR IS AUTHORIZED TO CARRY OUT COMMERICAL DEMONSTRATION PROJECTS FOR THE USE OF SLUDGE IN A MANNER WHICH IS ENVIRONMENTALLY SOUND AND PROTECTIVE OF HUMAN HEALTH.

(B) AUTHORIZATION. -- THERE IS AUTHORIZED TO BE APPROXIMATED 500,000 DOLLARS FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS SECTION.

GRANTS FOR DISCARDED TIME DISPOSAL

SEC. 206. (A) GRANTS. -- THE ADMINISTRATOR SHALL MAKE AVAILABLE GRANTS EQUAL TO 5 PERCENT OF THE PURCHASE PRICE OF TIRE SHREDDERS (INCLUDING PORTABLE SHREDDERS ATTACHED TO TIRE COLLECTION TRUCKS) TO THOSE ELIGIBLE APPLICANTS BEST MEETING CRITERIA PROMULGATED UNDER THIS SECTION. AN ELIGIBLE APPLICANT MAY BE ANY PRIVATE PURCHASER, PUBLIC BODY, OR PUBLIC PRIVATE JOINT VENTURE. CRITERIA FOR RECEIVING GRANTS SHALL BE PROMULGATED UNDER THIS SECTION AND SHALL INCLUDE THE POLICY TO OFFER ANY PRIVATE PURCHASER THE FIRST OPTION TO RECEIVE A GRANT, THE POLICY TO DEVELOP WIDESPREAD GEOGRAPHIC DISTRIBUTION OF TIRE SHREDDING FACILITIES, THE NEED FOR SUCH FACILITIES WITHIN A GEOGRAPHIC AREA, AND THE PROJECTED RISK AND VIABILITY OF ANY SUCH VENTURE. IN THE CASE OF AN APPLICATION UNDER THIS SECTION FROM A PUBLIC BODY, THE ADMINISTRATOR SHALL FIRST MAKE A DETERMINATION THAT THERE ARE NO PRIVATE PRUCHASERS INTERESTED IN MAKING AN APPLICATION BEFORE APPROVING A GRANT TO A PUBLIC BODY.

(B) AUTHORIZATION. -- THERE IS AUTHORIZED TO BE APPROPRIATED 750,000 DOLLARS FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS SECTION.

ANNUAL REPORT

SEC. 209. 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 ON ALL ACTIVITIES OF THE OFFICE DURING THE PRECEDING FISCAL YEAR. EACH SUCH REPORT SHALL INCLUDE

(1) A STATEMENT OF SPECIFIC AND DETAILED OBJECTIVES FOR THE ACTIVITIES AND PROGRAMS CONDUCTED AND ASSISTED UNDER THIS ACT AND THE SOLID WASTE DISPOSAL ACT;

(2) STATEMENTS OF THE ADMINISTRATOR'S CONCLUSIONS AS TO THE EFFECTIVENESS OF SUCH ACTIVITIES AND PROGRAM IN MEETING THE STATED OBJECTIVES AND THE PURPOSES OF THIS ACT (OR THE SOLID WASTE DISPOSAL ACT), MEASURED THROUGH THE END OF SUCH FISCAL YEAR;

(3) A SUMMARY OF OUTSTANDING DISCARDED MATERIAL PROBLEMS CONFRONTING 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 DISCARDED MATERIAL;

(5) ALL OTHER INFORMATION REQUIRED TO BE SUBMITTED TO THE CONGRESS PURSUANT TO ANY OTHER PROVISION OF THIS ACT; AND

(6) THE ADMINISTRATOR'S PLANS FOR ACTIVITIES AND PROGRAMS RESPECTING DISCARDED MATERIAL DURING THE NEXT FISCAL YEAR.

GENERAL AUTHORIZATION

SEC. 210. (A) GENERAL ADMINISTRATION -- THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS ACT, 46,250,000 DOLLARS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, AND 51,250,000 D-LLARS 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 205 (INCLUDING TRAVEL EXPENSES INCURRED BY SUCH PANELS IN CARRYING OUT THEIR FUNCTIONS UNDER THIS ACT).

(C) HAZARDOUS WASTE -- NOT LESS THAN 30 PERCENT OF THE AMOUNT APPROPRIATED UNDER SUBSECTION (A) SHALL BE USED ONLY FOR PURPOSES OF CARRYING OUT TITLE III OF THIS ACT (RELATING TO HAZARDOUS WASTE) OTHER THAN SECTION 311.

TITLE III -- HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SEC. 301. (A) CRITERIA FOR IDENTIFICATION OR LISTING. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF THE ENACTMENT OF THIS ACT, THE ADMINISTRATOR SHALL, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES, DEVELOP AND PROMULGATE CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE, AND FOR LISTING HAZARDOUS WASTE, WHICH SHOULD BE SUBJECT TO THE PROVISIONS OF THIS TITLE, TAKING INTO ACCOUNT TOXICITY, PERSISTENCE, AND DEGRADABILITY IN NATURE, POTNETIAL 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 LISTING. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, AND AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE, AND LISTING PARTICULAR HAZARDOUS WASTES (WITHIN THE MEANING OF SECTION 104 (4)), WHICH SHALL BE SUBJECT TO THE PROVISIONS OF THIS TITLE. SUCH REGULATIONS 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 OR ANY STATE MAY PETITION THE ADMINISTRATOR TO IDENTIFY OR LIST A DISCARDED 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 SUCH NOTICE TO THE GOVERNOR HE SHALL INCLUDE A STATEMENT CONCERNING SUCH CONSIDERATIONS.

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

SEC. 302. NOT LATER THAN EIGHTEEN MONTHS AFTER THIS DATE OF THE ENACTMENT OF THIS ACT, AND AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARINGS AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES, THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS ESTABLISHING SUCH STANDARDS, APPLICABLE TO GENERATORS OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS TITLE, AS MAY BE NECESSARY TO REASONABLY PROTECT HUMAN HEALTH AND THE ENVIRONMENT. SUCH STANDARDS SHALL ESTABLISH REQUIREMENTS RESPECTING

(1) RECORDKEEPING PRACTICES THAT ACCURATELY IDENTIFY THE QUANTITIES OF SUCH HAZARDOUS WASTE GENERATED, THE CONSTITUENTS THEREOF WHICH 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 COMPOSITION OF SUCH HAZARDOUS WASTE TO PERSONS TRANSPORTING, TREATING, STORING, OR DISPOSING OF SUCH WASTE.

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(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 PREMISES WHERE THE WASTE IS GENERATED) FOR WHICH A PERMIT HAS BEEN ISSUED AS PROVIDED IN THIS ACT; 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 TITLE AT SUCH TIMES AS THE ADMINISTRATOR (OR THE STATE AGENCY IF APPROPRIATE) DEEMS NECESSARY, SETTING OUT

(A) THE QUANTITIES OF HAZARDOUS WASTE IDENTIFED OR LISTED UNDER THIS TITLE THAT HE HAS GENERATED DURING A PARTICULAR TIME PERIOD; AND

(B) THE DISPOSITION OF ALL HAZARDOUS WASTE REPORTED UNDER SUBPARAGRAPH (A).

STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

SEC. 303. (A) STANDARDS. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, AND AFTER OPPORTUNITY FOR PUBLIC HEARINGS, THE ADMINISTRATOR, AFTER CONSULTATION WITH THE SECRETARY OF TRANSPORTATION AND THE STATES, SHALL PROMULGATE REGULATIONS ESTABLISHING SUCH STANDARDS, APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS TITLE, AS MAY BE NECESSARY TO REASONABLY PROTECT HUMAN HEALTH AND THE ENVIRONMENT. SUCH STANDARDS SHALL INCLUDE BUT NEED NOT BE LIMITED TO REQUIREMENTS RESPECTING

(1) RECORDKEEPING CONCERNING SUCH HAZARDOUS WASTE TRANSPORTED, AND THEIR SOURCE AND DELIVERY POINTS;

(2) TRANSPORTATION OF SUCH WASTE ONLY IF PROPERLY LABELED.

(3) COMPLIANCE WITH THE MANIFEST SYSTEM REFERRED TO IN SECTION 302(5); AND

(4) TRANSPORTATION OF ALL SUCH HAZARDOUS WASTE ONLY TO THE HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES WHICH THE SHIPPER DESIGNATES ON THE MANIFEST FORM TO BE A FACILITY HOLDING A PERMIT ISSUED UNDER THIS TITLE.

(B) COORDINATION WITH REGULATIONS OF SECRETARY OF TRANSPORTATION. -- IN CASE OF ANY HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS TITLE WHICH IS SUBJECT TO THE HAZARDOUS MATERIALS TRANSPORTATION ACT (88 STAT. 2156; 49 U.S.C. 1801 AND FOLLOWING), THE REGULATIONS PROMULGATED BY THE ADMINISTRATOR UNDER THIS TITLE SHALL BE CONSISTENT WITH THE REQUIREMENTS OF SUCH ACT AND THE REGULATIONS THEREUNDER. 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. 304. NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, AND AFTER OPPORTUNITY FOR PUBLIC HEARINGS AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES, THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS ESTABLISHING SUCH PERFORMANCE STANDARDS, APPLICABLE TO OWNERS AND OPERATORS OF FACILITIES FOR THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS ACT, AS MAY BE NECESSARY TO REASONABLY PROTECT HUMAN HEALTH AND THE ENVIRONMENT. SUCH STANDARDS SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, REQUIREMENTS RESPECTING

(1) MAINTAINING RECORDS OF ALL HAZARDOUS WASTES IDENTIFIED OR LISTED UNDER THIS TITLE WHICH ARE 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 302(5);

(3) TREATMENT, STORAGE, OR DISPOSAL OF ALL SUCH WASTE RECEIVED BY THE FACILITY PURSUANT TO SUCH OPERATING METHODS, TECHNIQUES, AND PRACTICES AS MAY BE SATISFACTORY TO THE ADMINISTRATOR;

(4) THE LOCATION, DESIGN, AND CONSTRUCTION OF SUCH HAZARDOUS WASTE TREATMENT, DISPOSAL, OR STORAGE FACILITIES;

(5) CONTINGENCY PLANS FOR EFFECTIVE ACTION TO MINIMIZE UNANTICIPATED DAMAGE FROM ANY TREATMENT, STORAGE, OR DISPOSAL OF ANY SUCH HAZARDOUS WASTE;

(6) THE MAINTENANCE OF OPERATION OF SUCH FACILITIES AND REQUIRING 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 305 RESPECTING PERMITS FOR TREATMENTS, STORAGE, OR DISPOSAL. NO PRIVATE ENTITY SHALL BE PRECLUDED BY REASON OF CRITERIA ESTABLISHED UNDER PARAGRAPH (6) FROM THE OWNERSHIP OR OPERATION OF FACILITIES PROVIDING HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL SERVICES WHERE SUCH ENTITY CAN PROVIDE ASSURANCES OF FINANCIAL RESPONSIBLITY AND CONTINUITY OF OPERATION CONSISTENT WITH THE DEGREE AND DURATION OF RISKS ASSOCIATED WITH THE TREATMENT, STORAGE, OR DISPOSAL OF SPECIFIED HAZARDOUS WASTE.

PERMITS FOR TREATMENT, STORAGE OR DISPOSAL OF HAZARDOUS WASTE

SEC. 305.(A) PERMIT REQUIREMENTS. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF THE ENACTMENT OF THIS ACT, THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS REQUIRING EACH PERSON OWNING OR OPERATING A FACILITY FOR THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS TITLE TO HAVE A PERMIT ISSUED PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL TAKE EFFECT ON THE DATE PROVIDED IN SECTION 310.

(B) REQUIREMENTS OF PERMIT APPLICATION. -- EACH APPLICATION FOR A PERMIT UNDER THIS SECTION SHALL CONTAIN SUCH INFORMATION AS MAY BE REQUIRED UNDER REGULATIONS PROMULGATED BY THE ADMINISTRATOR, INCLUDING INFORMATION RESPECTING

(1) ESTIMATES WITH RESPECT TO THE COMPOSITION, QUANTITIES, AND CONCENTRATIONS OF ANY HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS TITLE, OR COMBINATIONS OF ANY SUCH HAZARDOUS WASTE AND ANY OTHER DISCARDED MATERIAL, PROPOSED TO BE DISPOSED OF, TREATED, TRANSPORTED, OR STORED, AND THE TIME, FREQUENCY, OR RATE AT WHICH SUCH HAZARDOUS WASTE IS PROPOSED TO BE DISPOSED OF, TREATED, TRANSPORTED, OR STORED; AND

(2) THE SITE AT WHICH SUCH HAZARDOUS WASTE OR THE PRODUCTS OF TREATMENT OF SUCH HAZARDOUS WASTE WILL BE DISPOSED OF, TREATED, TRANSPORTED TO, OR STORED.

(D) PERMIT REVOCATION. -- UPON A DETERTION BY THE ADMINISTRATOR (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 304, THE ADMINISTRATOR (OR THE STATE) SHALL ISSUE A PERMIT FOR SUCH FACILITIES. IN THE EVENT PERMIT APPLICABLE PROPOSE MODIFICATION OF THEIR FACILITIES, OR IN THE EVENT THE ADMINISTRATOR (OR THE STATE) DETERMINES THAT MODIFICATIONS ARE NECESSARY TO CONFORM TO THE REQUIREMENTS UNDER THIS SECTION AND SECTION 304, THE PERMIT SHALL SPECIFY THE TIME ALLOWED TO COMPLETE THE MODIFICATIONS.

(D) PERMIT REVOCATION. -- UPON A DETERMINATION BY THE ADMINISTRATOR (OR BY A STATE, KN THE CASE OF A STATE HAVING AN AUTHORIZED HAZARDOUS WASTE PROGRAM UNDER SECTION 306) OF NONCOMPLIANCE BY A FACILITY HAVING A PERMIT UNDER THIS TITLE WITH THE REQUIREMENTS OF THIS SECTION OR SECTION 304, THE ADMINISTRATOR (OR STATE, IN THE CASE OF A STATE HAVING AN AUTHORIZED HAZARDOUS WASTE PROGRAM UNDER SECTION 306) SHALL REVOKE SUCH PERMIT.

AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS

SEC. 306. (A) FEDERAL. GUIDLEINS. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, THE ADMINISTRATOR, AFTER CONSULTATION WITH STATE AUTHORITIES SHALL PROMULGATE GUIDELINES TO ASSIST STATES IN THE DEVELOPMENT OF STATE HAZARDOUS WASTE PROGRAMS.

(B) AUTHORIZATION OF STATE PROGRAM. -- ANY STATE WHICH SEEKS TO ADMINISTER AND ENFORCE A HAZARDOUS WASTE PROGRAM PURSUANT TO THIS TITLE MAY DEVELOP AND, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, 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 AS TO WHETHER OR NOT HE EXPECTS SUCH PROGRAM TO BE AUTHORIZED, AND WITHIN NINETY DAYS FOLLOWING SUCH NOTICE (AND AFTER OPPORTUNITY FOR PUBLIC HEARING) HE SHALL PUBLISH HIS FINDINGS AS TO WHETHER OR NOT THE CONDITIONS LISTED IN ITEMS (1), (2), AND (3) BELOW HAVE BEEN MET. EXCEPT WITH RESPECT TO FEDERAL FACILITIES AND INSTRUMENTALITIES (WHICH SHALL REMAIN SUBJECT TO THE FEDERAL PROGRAM), SUCH STATE IS AUTHORIZED TO CARRY OUT SUCH PROGRAM IN LIEU OF THE FEDERAL PROGRAM UNDER THIS TITLE 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 STATE PROGRAM IS NOT EQUIVALENT TO THE FEDERAL PROGRAM UNDER THIS TITLE, (2) SUCH PROGRAM IS NOT CONSISTNET WITH THE FEDERAL OR STATE PROGRAMS APPLICABLE IN OTHER STATES, OR (3) SUCH PROGRAM DOES NOT PROVIDE ADEQUATE ENFORCEMENT OF COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE.

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

(D) EFFECT OF STATE PERMIT. -- ANY ACTION TAKEN BY A STATE UNDER A HAZARDOUS WASTE PROGRAM AUTHORIZED UNDER THIS SECTION SHALL HAVE THE SAME FORCE AND EFFECT AS ACTION TAKEN BY THE ADMINISTRATOR UNDER THIS TITLE.

(E) WITHDRAWAL OF AUTHORIZATION. -- WHENEVER THE ADMINISTRATOR DETERMINES AFTER PUBLIC HEARING THAT A STATE IS NOT ADMINISTERING AND ENFORCING A PROGRAM AUTHORIZED UNDER THIS SECTION IN ACCORDANCE WITH REQUIREMENTS OF THIS SECTION, HE SHALL SO NOTIFY THE STATE AND, IF APPROPRIATE CORRECTIVE ACTION IS NOT TAKEN WITHIN A REASONABLE TIME, NOT TO EXCEED NINETY DAYS, THE ADMINISTRATOR SHALL WITHDRAW AUTHORIZATION OF SUCH PROGRAM AND ESTABLISH A FEDERAL PROGRAM PURSUANT TO THIS TITLE. 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.

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INSPECTION

SEC. 307. (A) ACCESS ENTRY. -- FOR PURPOSES OF DEVELOPING OR ASSISTING IN THE DEVELOPMENT OF ANY REGULATION OR ENFORCING THE PROVISIONS OF THIS TITLE, ANY PERSON WHO GENERATES, STORES, TREATS, TRANSPORTS, DISPOSES OF, OR OTHERWISE HANDLES HAZARDOUS WASTES SHALL, UPON REQUEST OF 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 REASONABLE TIMES TO HAVE ACCESS TO, AND TO COPY ALL RECORDS RELATING TO SUCH WASTES. FOR THE PURPOSES OF DEVELOPING OR ASSISTING IN THE DEVELOPMENT OF ANY REGULATION OR ENFORCING THE PROVISIONS OF THIS TITLE, SUCH OFFICERS OR EMPLOYEES ARE AUTHORIZED

(1) TO ENTER AT REASONABLE TIMES ANY ESTABLISHMENT OR OTHER PLACE MAINTAINED BY ANY PERSON WHERE HAZARDOUS WASTES ARE GENERATED, STORED, TREATED, OR DISPOSED OF;

(2) TO INSPECT AND OBTAIN SAMPLES FROM ANY PERSON OF ANY SUCH WASTES AND SAMPLES OF ANY CONTAINERS OR LABELING FOR SUCH WASTES. EACH SUCH INSPECTION SHALL BE COMMENCED AND COMPLETED WITH REASONABLE PROMPTNESS. IF THE OFFICER OR EMPLOYEE OBTAINS ANY SAMPLES, PRIOR TO LEAVING THE PREMISES, HE SHALL GIVE TO THE OWNER, OPERATOR, OR AGENT IN CHARGE A RECEIPT DESCRIBING THE SAMPLE OBTAINED AND IF REQUESTED A PORTION OF EACH SUCH SAMPLE EQUAL IN VOLUME OR WEIGHT TO THE PORTION RETAINED. IF ANY ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE RESULTS OF SUCH ANALYSIS SHALL BE FURNISHED PROMPTLY TO THE OWNER, OPERATOR, OR AGENT IN CHARGE.

(B) AVAILABILITY TO PUBLIC. -- 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 THE ADMINISTRATOR (OR THE STATE, AS THE CASE MAY BY) BY ANY PERSON THAT RECORDS, REPORTS, OR INFORMATION, OR PARTICULAR PART THEREOF, TO WHICH THE ADMINISTRATOR (OR THE STATE, AS THE CASE MAY BE) HAS ACCESS UNDER THIS SECTION IF MADE PUBLIC, WOULD DIVULGE INFORMATION ENTITLED TO PROTECTION UNDER SECTION 1905 OF TITLE 18 OF THE UNITED STATES CODE, THE ADMINISTRATOR (OR THE STATE, AS THE CASE MAY BE) SHALL CONSIDER SUCH INFORMATION OR PARTICULAR PORTION THEREOF CONFIDENTIAL IN ACCORDANCE WITH THE PURPOSES OF THAT SECTION.

FEDERAL ENFORCEMENT

SEC. 308. (A) COMPLIANCE ORDERS. -- (1) EXCEPT AS PROVIDED IN PARGRAPH (2), WHENEVER ON THE BASIS OF ANY INFORMATION THE ADMINISTRATOR DETERMINES THAT ANY PERSON IS IN VIOLATION OF ANY REQUIREMENT OF THIS TITLE, THE ADMINISTRATOR SHALL GIVE NOTICE TO THE VIOLATOR OF HIS FAILURE TO COMPLY WITH SUCH REQUIREMENT. IF SUCH VIOLATION EXTENDS BEYOND THE THIRTEENTH 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 CASE OF A VIOLATION OF ANY REQUIREMENT OF THIS TITLE WHERE SUCH VIOLATION OCCURS IN A STATE WHICH IS AUTHORIZED TO CARRY OUT A HAZARDOUS WASTE PROGRAM UNDER SECTION 306, 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 25,000 DOLLARS FOR EACH DAY OF CONTINUED NONCOMPLIANCE AND THE ADMINISTRATOR 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 A PUBLIC HEARING. UPON SUCH REQUEST THE ADMINISTRATOR SHALL PROMPTLY CONDUCT A PUBLIC HEARING. IN CONNECTION WITH ANY PROCEEDING UDNER THIS SECTION THE ADMINISTRATOR MAY ISSUE SUBPENAS FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES AND THE PRODUCTION OF RELEVANT PAPERS, BOOKS, AND DOCUMENTS, AND MAY PROMULGATE RULES FOR DISCOVERY PROCEDURES.

(C) REQUIREMENTS OF 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 A REASONABLE PERIOD AND PENALTY TAKING INTO ACCOUNT THE SERIOUSNESS OF THE VIOLATION AND ANY GOOD FAITH EFFORTS TO COMPLY WITH THE APPLICABLE REQUIREMENTS.

(D) CRIMINAL PENALTY. -- ANY PERSON WHO KNOWINGLY

(1) TRANSPORTS ANY HAZARDOUS WASTE LISTED UNDER THIS TITLE TO A FACILITY WHICH DOES NOT HAVE A PERMIT UNDER SECTION 305 (OR 306 IN THE CASE OF A STATE PROGRAM).

(2) DISPOSES OF ANY HAZARDOUS WASTE LISTED UNDER THIS TITLE WITHOUT HAVING OBTAINED A PERMIT THEREFOR UNDER THIS TITLE.

(3) MAKES ANY FALSE STATEMENT OR REPRESENTATION IN ANY APPLICATION, LABEL, MANIFEST, RECORD, REPORT, PERMIT OR OTHER DOCUMENT FILED, MAINTAINED, OR USED FOR PURPOSES OF COMPLIANCE WITH HIS TITLE. SHALL, UPON CONVICTION, BE SUBJECT TO A FINE OF NOT MORE THAN 25,000 DOLLARS 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 CONVICTION OF SUCH PERSON UNDER THIS PARAGRAPH, PUNISHMENT SHALL BE BY A FINE OF NOT MORE THAN 50,000 DOLLARS PER DAY OF VIOLATION, OR BY IMPRISONMENT FOR NOT MORE THAN TWO YEARS, OR BY BOTH.

RETENTION OF STATE AUTHORITY

SEC. 309. UPON THE EFFECTIVE DATE OF REGULATIONS UNDER THIS TITLE NO STATE OR POLITICAL SUBDIVISION MAY IMPOSE ANY REQUIREMENTS LESS STRINGENT THAN THOSE AUTHORIZED UNDER THIS TITLE RESPECTING THE SAME MATTER AS GOVERNED BY SUCH REGULATIONS, EXCEPT THAT IF APPLICATION OF A REGULATION WITH RESPECT TO ANY MATTER UNDER THIS TITLE IS POSTPONED OR ENJOINED BY THE ACTION OF ANY COURT, NO STATE OR POLITICAL SUBDIVISION SHALL BE PROHIBITED FROM ACTING WITH RESPECT TO THE SAME ASPECT OF SUCH MATTER UNTIL SUCH TIME AS SUCH REGULATION TAKES EFFECT.

EFFECTIVE DATE

SEC. 310. (A) PRELIMINARY NOTIFICATION. -- NOT LATER THAN NINETY DAYS AFTER PROMULGATION OR REVISION OF REGULATIONS UNDER SECTION 301 IDENTIFYING BY ITS CHARACTERISTICS OR LISTING ANY SUBSTANCE AS HAZARDOUS WASTE SUBJECT TO THIS TITLE, ANY PERSON GENERATING OR TRANSPORTING SUCH SUBSTANCE OR OWNING OR OPERATING A FACILITY FOR TREATMENT, STORAGE, OR DISPOSAL OF SUCH SUBSTANCE SHALL FILE WITH THE ADMINISTRATOR (OR WITH STATES HAVING AUTHORIZED HAZARDOUS WASTE PERMIT PROGRAMS UNDER SECTION 306) 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 BE REQUIRED TO BE FILED WITH RESPECT TO THE SAME SUBSTANCE. NO IDENTIFIED OR LISTED HAZARDOUS WASTE SUBJECT TO THIS TITLE MAY BE TRANSPORTED, TREATED, STORED, OR DISPOSED OF UNLESS NOTIFICATION HAS BEEN GIVEN AS REQUIRED UNDER THIS SUBSECTION.

(B) EFFECTIVE DATE OF REGULATION. -- THE REGULATIONS UNDER THIS TITLE RESPECTING REQUIREMENTS, APPLICABLE TO THE GENERATION, TRANSPORTATION, TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE (INCLUDING REQUIREMENTS RESPECTING PERMITS FOR SUCH TREATMENT, STORAGE OR DISPOSAL) SHALL TAKE EFFECT ON THE DATE SIX MONTHS AFTER THE DATE OF PROMULGATION THEREOF (OR SIX MONTHS AFTER THE DATE OF REVISION IN THE CASE OF ANY REGULATION WHICH IS REVISED AFTER THE DATE REQUIRED FOR PROMULGATION THEREOF).

AUTHORIZATION OF ASSISTANCE TO STATES

SEC. 311. (A) THERE IS AUTHORIZED TO BE APPROPRIATED 25,000,000 DOLLARS 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 AUTHOIRZED STATE HAZARDOUS WASTE PROGRAMS.

(B) AMOUNTS AUTHORIZED TO BE APPROPRIATED UNDER SUBSECTION (A) SHALL BE ALLOCATED AMONG THE STATES ON THE BASIS OF REGULATIONS PROMULGATED BY THE ADMINISTRATOR, AFTER CONSULTATIONS WITH THE STATES, WHICH TAKE INTO ACCOUNT, THE EXTENT TO WHICH HAZARDOUS WASTE IS GENERATED, TRANSPORTED, TREATED, STORED, AND DISPOSED OF WITHIN SUCH STATE, THE EXTENT OF EXPOSURE OF HUMAN BEINGS AND THE ENVIRONMENT WITHIN SUCH STATE TO SUCH WASTE, AND SUCH OTHER FACTORS AS THE ADMINISTRATOR DEEMS APPROPRIATE.

TITLE IV -- STATE OR REGIONAL DISCARDED MATERIALS PLANS OBJECTIVES OF TITLE

SEC. 401. THE OBJECTIVES OF THIS TITLE ARE TO ASSIST IN DEVELOPING AND ENCOURAGING METHODS FOR THE DISPOSAL OF DISCARDED MATERIALS WHICH ARE ENVIRONMENTALL 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 GUIDELINES FOR PLANS

SEC. 402. (A) GUIDELINES FOR IDENTIFICATION OF REGIONS. -- FOR PURPOSES OF ENCOURAGING AND FACILITATING THE DEVELOPMENT OF REGIONAL PLANNING FOR DISCARDED MATERIALS MANAGEMENT, THE ADMINISTRATOR, WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL, STATE, AND LOCAL AUTHORITIES, SHALL BE REGULATION PUBLISH GUIDELINES FOR THE IDENTIFICATION OF THOSE AREAS WHICH HAVE COMMON DISCARDED MATERIAL MANAGEMENT PROBLEMS AND ARE APPROPRIATE UNITS FOR PLANNING REGIONAL DISCARDED MATERIAL MANAGEMENT SERVICES. SUCH GUIDELINES SHALL CONSIDER

(1) THE SIZE AND LOCATION OF AREAS WHICH SHOULD BE INCLUDED,

(2) THE VOLUME OF DISCARDED MATERIAL WHICH SHOULD BE INCLUDED, AND

(3) THE AVAILABLE MEANS OF COORDINATING REGIONAL PLANNING WITH OTHER RELATED REGIONAL PLANNING AND FOR COORDINATION OF SUCH REGIONAL PLANNING INTO THE STATE PLAN.

(B) GUIDELINES FOR STATE PLANS. -- NO LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT AND AFTER THE DATE OF ENACTMENT OF THIS ACT AND AFTER NOTICE AND HEARING, THE ADMINISTRATOR SHALL, AFTER CONSULTATION WITH APPROPRIATE FEDERAL, STATE, AND LOCAL AUTHROITIES, PROMULGATE REGULATIONS CONTAINING GUIDELINES TO ASSIST IN THE DEVELOPMENT AND IMPLEMENTATION OF STATE DISCARDED MATERIALS MANAGEMENT PLANS (HEREINAFTER IN THIS TITLE REFERRED TO AS "STATE PLANS"). THE GUIDELINE SHALL CONTAIN METHODS FOR ACHIEVING THE OBJECTIVES SPECIFIED IN SECTION 401. SUCH GUIDELINES SHALL BE REVIEWED FROM TIME TO TIME, BUT NOT LESS FREQUENTLY THAN EVERY THREE YEARS, AND REVISED AS MAY BE APPROPRIATE.

(C) CONSIDERATIONS FOR STATE PLAN GUDIELINES. -- THE GUIDELINES PROMULGATED UNDER SUBSECTION (B) SHALL CONSIDER.

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(1) THE VARYING REGIONAL, GEOLOGIC, HYDROLOGIC, CLIMATIC, AND OTHER CIRCUMSTANCES UNDER WHICH DIFFERENT DISCARDED MATERIAL PRACTICES ARE REQUIRED IN ORDER TO INSURE THE REASONABLE PROTECTION OF THE QUALITY OF THE GROUND AND SURFACE WATERS 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, PROCESSING, AND DISPOSAL OPERATING METHODS, TECHNIQUES AND PRACTICES, AND LOCATION OF FACILITIES WHERE SUCH OPERATING METHODS, TECHNIQUES, AND PRACTICES ARE CONDUCTED, TAKING INTO ACCOUNT THE NATURE OF THE MATERIAL TO BE DISPOSED;

(3) METHODS FOR CLOSING OR UPGRADING OPEN DUMPS FOR PURPOSES OF ELIMINATING POTENTIAL HEALTH HAZARDS;

(4) POPULATION DENSITY, DISTRIBUTION, AND PROJECTED GROWTH;

(5) GEOGRAPHIC, GEOLOGIC, CLIMATIC, AND HYDROLOGIC CHARACTERISTICS;

(6) THE TYPE AND LOCATIONS 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 DISCARDED MATERIAL MANAGEMENT;

(10) TYPES OF RESOURCES RECOVERY FACILITIES AND RESOURCE CONSERVATION SYSTEMS WHICH ARE APPROPRIATE; AND

(11) AVAILABLE NEW AND ADDITIONAL MARKETS FOR RECOVERED MATERIAL.

MINIMUM REQUIREMENTS FOR APPROVAL OF PLANS

SEC. 403. IN ORDER TO BE APPROVED UNDER SECTION 407, EACH STATE PLAN MUST COMPLY WITH THE FOLLOWING MINIMUM REQUIREMENTS

(1) THE PLAN SHALL IDENTIFY (A) THE RESPONSIBILITIES OF STATE, LOCAL, AND REGIONAL AUTHORITIES IN THE IMPLEMENTATION OF THE STATE PLAN, (B) THE DISTRIBUTION OF FEDERAL FUNDS TO THE AUTHORITIES RESPONSIBLE FOR DEVELOPMENT AND IMPLEMENTATION OF THE STATE PLAN, AND (C) THE MEANS FOR COORDINATING REGIONAL PLANNING AND IMPLEMENTATION UNDER THE STATE PLAN.

(2) THE PLAN SHALL PROHIBIT THE ESTABLISHMENT OF NEW OPEN DUMPS WITHIN THE STATE, AND CONTAIN REQUIREMENTS THAT ALL DISCARDED MATERIAL (INCLUDING DISCARDED MATERIAL ORIGINATING IN OTHER STATES, BUT NOT INCLUDING HAZARDOUS WASTE) SHALL BE (A) UTILIZED FOR RESOURCE RECOVERY OR (B) DISPOSED OF IN SANITARY LANDFILLS (WITHIN THE MEANING OF SECTION 404(A) OR OTHERWISE DISPOSED OF IN AN ENVIRONMENTALLY SOUND MANNER.

(3) THE PLAN SHALL PROVIDE FOR THE CLOSING OR UPGRADING OF ALL EXISTING OPEN DUMPS WITHIN THE STATE PURSUANT TO THE REQUIREMENTS OF SECTION 405.

(4) THE PLAN SHALL PROVIDE FOR THE ESTABLISHMENT OF SUCH STATE REGULATORY POWERS AS MAY BE NECESSARY TO IMPLEMENT THE PLAN.

(5) THE PLAN SHALL PROVIDE THAT NO LOCAL GOVERNMENT WITHIN THE STATE SHALL BE PROHIBITED UNDER STATE OR LOCAL LAW FROM ENTERING INTO LONG-TERM CONTRACTS FOR THE SUPPLY OF DISCARDED MATERIAL TO RESOURCE RECOVERY FACILITIES.

(6) THE PLAN SHALL PROVIDE FOR SUCH RESOURCE CONSERVATION OR RECOVERY AND FOR THE DISPOSAL OF DISCARDED MATERIAL IN SANITARY LANDFILLS OR ANY COMBINATION OF SUCH PRACTICES SO AS MAY BE NECESSARY TO USE OR DISPOSE OF SUCH MATERIAL IN A MANNER THAT IS ENVIRONMENTALLY SOUND.

CRITERIA FOR SANITARY LANDFILLS; SANITARY

LANDFILLS REQUIRED FOR ALL DISPOSAL

SEC. 404. (A) CRITERIA FOR SANITARY LANDFILLS. -- NOT LATER THAT ONE YEAR AFTER THE DATE OF ENACTMENT OF THIS ACT, AFTER CONSULTATION WITH THE STATES, AND AFTER NOTICE AND PUBLIC HEARINGS, THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS CONTAINING CRITERIA FOR DETERMINING WHICH FACILITIES SHALL BE CLASSIFIED AS SANITARY LANDFILLS AND WHICH SHALL BE CLASSIFIED AS OPEN DUMPS WITHIN THE MEANING OF THIS ACT. AT A MINIMUM, SUCH CRITERIA SHALL PROVIDE THAT A FACILITY MAY BE CLASSIFIED AS A SANITARY LANDFILL AND NOT AN OPEN DUMP ONLY IF THERE IS NO REASONABLE PROBABILITY OF ADVERSE EFFECTS ON HEALTH OR THE ENVIRONMENT FROM DISPOSAL OF DISCARDED MATERIAL AT SUCH FACILITY. SUCH REGULATIONS MAY PROVIDE FOR THE CLASSIFICATION OF THE TYPES OF SANITARY LANDFILLS.

(B) DISPOSAL REQUIRED TO BE IN SANITARY LANDFILLS, ETC. -- FOR PURPOSES OF COMPLYING WITH SECTION 403(2) EACH STATE PLAN SHALL PROHIBIT THE ESTABLISHMENT OF OPEN DUMPS AND CONTAIN A REQUIREMENT THAT DISPOSAL OF ALL DISCARDED MATERIAL WITHIN THE STATE SHALL BE IN COMPLIANCE WITH SUCH SECTION 403(2).

(C) EFFECTIVE DATE. -- THE PROHIBITION CONTAINED IN SUBSECTION (B) SHALL TAKE EFFECT ON THE DATE SIX MONTHS AFTER THE DATE OF PROMULGATION OF REGULATIONS UNDER SUBSECTION (A) OR ON THE DATE OF APPROVAL OF THE STATE PLAN, WHICHEVER IS LATER.

UPGRADING OF OPEN DUMPS

SEC. 405. (A) OPEN DUMPS. -- FOR PURPOSES OF THIS ACT, THE TERM "OPEN DUMP" MEANS ANY FACILITY OR SITE WHERE DISCARDED MATERIAL IS DISPOSED OF WHICH IS NOT A SANITARY LANDFILL WHICH MEETS THE CRITERIA PROMULGATED UNDER SECTION 404 OR A FACILITY FOR DISPOSAL OF HAZARDOUS WASTE.

(B) INVENTORY. -- NOT LATER THAN ONE YEAR AFTER PROMULGATION OF REGULATIONS UNDER SECTION 404, THE ADMINISTRATOR, WITH THE COOPERATION OF THE BUREAU OF THE CENSUS, SHALL PUBLISH AN INVENTORY OF ALL DISPOSAL FACILITIES OR SITES IN THE UNITED STATES WHICH ARE OPEN DUMPS WITHIN THE MEANING OF THIS ACT. FOR PURPOSES OF APPLYING THE 20 PERCENT REQUIREMENT CONTAINED IN SUBSECTION (C), SUCH INVENTORY SHALL CLASSIFY SUCH FACILITIES AND SITES ON A STATE-BY-STATE BASIS IN FIVE CATEGORIES ON THE BASIS OF THE POTENTIAL HAZARDS TO HEALTH AND THE ENVIRONMENT.

(C) CLOSING OR UPGRADING OF EXISTING OPEN DUMPS. -- FOR PURPOSES OF COMPLYING WITH SECTION 403(2), EACH STATE PLAN SHALL CONTAIN A REQUIREMENT THAT ALL EXISTING DISPOSAL FACILITIES OR SITES FOR DISCARDED MATERIALS 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. THE REQUIREMENT CONTAINED IN THIS SUBSECTION SHALL APPLY TO ALL DISPOSAL FACILITIES OR SITES IN THE STATE IN ORDER OF THE DEGREE OF HEALTH AND ENVIRONMENTAL HAZARDS PRESENTED AND AT THE RATE OF 20 PER CENTUM PER YEAR OF THE TOTAL NUMBER WITHIN SUCH STATE CLASSIFIED UNDER THE INVENTORY PUBLISHED UNDER SUBSECTION (B), BEGINNING ON THE DATE OF PUBLICATION OF SUCH INVENTORY.

PROCEDURE FOR DEVELOPMENT AND IMPLEMENTATION OF STATE PLAN

SEC. 406. (A) IDENTIFICATION OF REGIONS. -- WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER PUBLICATION OF GUIDELINES UNDER SECTION 402 (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 CONDITIONS, MARKETS, AND OTHER FACTORS, IS APPROPRIATE FOR CARRYING OUT REGIONAL DISCARDED MATERIALS MANAGEMENT. SUCH REGULATIONS MAY BE MODIFIED FROM TIME TO TIME (IDENTIFYING ADDITIONAL OR DIFFERENT REGIONS) PURSUANT TO SUCH GUIDELINES.

(B) IDENTIFICATION OF STATE AND LOCAL AGENCIES AND RESPONSIBILITIES. -- (1) WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER THE GOVERNOR PROMULGATES REGULATIONS UNDER SUBSECTION (A), FOR PURPOSES OF FACILITATING THE DEVELOPMENT AND IMPLEMENTATION OF A STATE PLAN WHICH WILL MEET THE MINIMUM REQUIREMENTS OF SECTION 403, THE STATE, TOGETHER WITH APPROPRIATE ELECTED OFFICIALS OF GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT, SHALL JOINTLY (A) IDENTIFY AN AGENCY TO DEVELOP THE STATE PLAN AND IDENTIFY ONE OR MORE AGENCIES TO IMPLEMENT SUCH PLAN, AND (B) IDENTIFY WHICH DISCARDED MATERIAL 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 DISCARDED MATERIAL PLANNING AND MANAGEMENT (THE MEMBERS OF WHICH ARE APPOINTED BY THE GOVERNOR) IS IN EXISTENCE ON THE DATE OF ENACTMENT OF THIS ACT, THE GOVERNOR SHALL IDENTIFY SUCH AUTHORITY FOR PURPOSES OF CARRYING OUT WITHIN SUCH REGION CLAUSE (A) OF THIS PARAGRAPH. A STATE AGENCY IDENTIFIED UNDER THIS PARAGRAPH SHALL BE ESTABLISHED OR DESIGNATED BY THE GOVERNOR OF SUCH STATE. LOCAL OR REGIONAL AGENCIES IDENTIFIED UNDER THIS PARAGRAPH SHALL BE COMPOSED OF INDIVIDUALS AT LEAST A MAJORITY OF WHOM ARE ELECTED LOCAL OFFICIALS.

(2) IF PLANNING AND IMPLEMENTATION AGENCIES ARE NOT IDENTIFIED AND DESIGNATED OR ESTABLISHED AS REQUIRED UNDER PARAGRAPH (1) FOR ANY AFFECTED AREA, THE GOVERNOR SHALL, BEFORE THE DATE TWO HUNDRED AND SEVENTY DAYS AFTER PROMULGATION OF REGULATIONS UNDER SUBSECTION (A), ESTABLISH OR DESIGNATE A STATE AGENCY TO DEVELOP AND IMPLEMENT THE STATE PLAN FOR SUCH AREA.

(D) INTERSTATE REGIONS. -- (1) IN THE CASE OF ANY REGION WHICH, PURSUANT TO THE GUIDELINES PUBLISHED BY THE ADMINISTRATOR UNDER SECTION 402(A) (RELATING TO IDENTIFICATION OF REGIONS), WOULD BE LOCATED IN TWO OR MORE STATES, THE GOVERNORS OF THE RESPECTIVE STATES, AFTER CONSULTATION WITH LOCAL ELECTED OFFICIALS, SHALL CONSULT, COOPERATE, AND ENTER INTO AGREEMENTS IDENTIFYING THE BOUNDARIES OF SUCH REGION PURSUANT TO SUBSECTION (A).

(2) WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER AN INTERSTATE REGION IS IDENTIFIED BY AGREEMENT UNDER PARAGRAPH (1), APPROPRIATE ELECTED OFFICIALS OF GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT WITHIN SUCH REGION SHALL JOINTLY ESTABLISH OR DESIGNATE AN AGENCY TO DEVELOP A PLAN FOR SUCH REGION. IF NO SUCH AGENCY IS ESTABLISHED OR DESIGNATED WITHIN SUCH PERIOD BY SUCH OFFICIALS, THE GOVERNORS OF THE RESPECTIVE STATES MAY, BY AGREEMENT, ESTABLISH OR DESIGNATE FOR SUCH PURPOSE A SINGLE REPRESENTATIVE ORGANIZATIONINCLUDING ELECTED OFFICIALS OF GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT WITHIN SUCH REGION.

(3) IMPLEMENTATION OF INTERSTATE REGIONAL DISCARDED MATERIAL MANAGEMENT PLANS SHALL BE CONDUCTED BY UNITS OF LOCAL GOVERNMENT FOR ANY PORTION OF A REGION WITHIN THEIR JURISDICTION, OR BY MULTIJURISDICTIONAL AGENCIES OR AUTHORITIES DESIGNATED IN ACCORDANCE WITH STATE LAW, INCLUDING THOSE DESIGNATED BY AGREEMENT BY SUCH UNITS OF LOCAL GOVERNMENT FOR SUCH PURPOSE. IF NO SUCH UNIT, AGENCY, OR AUTHORITY IS SO DESIGNATED, THE RESPECTIVE GOVERNORS SHALL DESIGNATE OR ESTABLISH A SINGLE INTERSTATE AGENCY TO IMPLEMENT SUCH PLAN.

(4) FOR PURPOSES OF THIS TITLE, 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.

APPROVAL OF STATE PLAN; FEDERAL ASSISTANCE

SEC. 407. (A) PLAN APPROVAL. -- THE ADMINISTRATOR SHALL, WITHIN SIX MONTHS AFTER A STATE PLAN HAS BEEN SUBMITTED FOR APPROVAL, APPROVE OR DISAPPROVE THE PLAN. THE ADMINISTRATOR SHALL APPROVE A PLAN IF HE DETERMINES THAT

(1) IT MEETS THE MINIMUM REQUIREMENTS OF SECTION 403; AND

(2) IT CONTAINS PROVISION FOR REVISION OF SUCH PLAN, AFTER NOTICE AND PUBLIC HEARING, WHENEVER THE ADMINISTRATOR, BY REGULATION, DETERMINES

(A) THAT REVISED REGULATIONS RESPECTING MINIMUM REQUIREMENTS HAVE BEEN PROMULGATED UNDER SECTION 403 WITH WHICH THE STATE PLAN IS NOT IN COMPLIANCE.

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(B) THAT INFORMATION HAS BECOME AVAILABLE WHICH DEMONSTRATES THE INADEQUACY OF THE PLAN TO EFFECTUATE THE PURPOSES OF THIS TITLE; 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 SUCH PLAN INTO COMPLIANCE WITH THE MINIMUM REQUIREMENTS PROMULGATED UNDER SECTION 403 (INCLUDING NEW OR REVISED REQUIREMENTS), HE SHALL, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, WITHDRAW HIS APPROVAL OF SUCH PLAN. SUCH WITHDRAWAL OF APPROVAL SHALL CEASE TO BE EFFECTIVE UPON THE ADMINISTRATOR'S DETERMINATION THAT SUCH PLAN COMPLIES WITH SUCH MINIMUM REQUIREMENTS.

(B) ELIGIBILITY OF STATES FOR FEDERAL FINANCIAL ASSISTANCE. -- (1) THE ADMINISTRATOR SHALL APPROVE A STATE APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS TITLE, AND MAKE GRANTS TO SUCH STATE, FOR FISCAL YEAR 1978 IF SUCH STATE AND LOCAL AND REGIONAL AUTHORITIES WITHIN SUCH STATE HAVE COMPLIED WITH THE REQUIREMENTS OF SECTION 406 WITHIN THE PERIOD REQUIRED UNDER SUCH SECTION AND IF SUCH STATE HAS A STATE PLAN WHICH HAS BEEN APPROVED BY THE ADMINISTRATOR UNDER THIS TITLE.

(2) THE ADMINISTRATOR SHALL APPROVE A STATE APPLICATION FOR FINANCIAL ASSISTANCE UNDER THIS TITLE, AND MAKE GRANTS TO SUCH STATE, FOR FISCAL YEAR 1979 IF SUCH STATE WAS ELIGIBLE FOR ASSISTANCE AS PROVIDED IN PARAGRAPH (1) FOR FISCAL YEAR 1978 AND 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 FINANCIAL AND TECHNICAL ASSISTANCE UNDER THIS TITLE AND UNDER THE SOLID WASTE DISPOSAL ACT (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. -- NOTHIN IN THIS TITLE SHALL BE CONSTRUED TO PREVENT OR AFFECT ANY ACTIVITIES RESPECTING DISCARDED MATERIAL PLANNING OR MANAGEMENT WHICH ARE CARRIED OUT BY STATE, REGIONAL, OR LOCAL AUTHORITIES UNLESS SUCH ACTIVITIES ARE INCONSISTENT WITH A STATE PLAN APPROVED BY THE ADMINISTRATOR UNDER THIS TITLE.

FEDERAL ASSISTANCE

SEC. 408. (A) AUTHORIZATION OF FEDERAL FINANCIAL ASSISTANCE. -- THERE ARE AUTHORIZED TO BE APPROPRIATED $40,000,000 FOR FISCAL YEAR 1978 AND $50,000,000 FOR FISCAL YEAR 1979 FOR PURPOSES OF MAKING GRANTS TO THE STATES FOR THE DEVELOPMENT AND IMPLEMENTATION OF STATE PLANS UNDER THIS TITLE.

(B) STATE ALLOTMENT. -- THE SUMS APPROPRIATED IN ANY FISCAL YEAR SHALL BE ALLOTTED BY THE ADMINISTRATOR AMONG ALL STATES, IN THE RATIO THAT THE POPULATION IN EACH STATE BEARS TO THE POPULATION IN ALL OF THE STATES, EXCEPT THAT NO STATE SHALL RECEIVE LESS THAN ONE-HALF OF 1 PER CENTUM OF THE SUMS SO ALLOTTED IN ANY FISCAL YEAR. NO STATE SHALL RECEIVE ANY GRANT UNDER THIS SECTION DURING ANY FISCAL YEAR WHEN ITS EXPENDITURES OF NON-FEDERAL FUNDS FOR OTHER THAN NONRECURRENT EXPENDITURES FOR DISCARDED MATERIAL 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 IN STATE SPENDING ORDERED BY THE GOVERNOR OR LEGISLATURE OF SUCH STATE. NO STATE SHALL RECEIVE ANY GRANT FOR DISCARDED MATERIAL MANAGEMENT PRO- WILL BE SO USED AS TO SUPPLEMENT AND, TO THE EXTENT PRACTICABLE, INCREASE THE LEVEL OF STATE, LOCAL, REGIONAL, OR OTHER NON-FEDERAL FUNDS THAT WOULD IN THE ABSENCE OF SUCH GRANT BE MADE AVAILABLE FOR THE MAINTENANCE OF SUCH PROGRAMS.

(C) DISTRIBUTION OF FEDERAL FINANCIAL ASSISTANCE WITHING THE STATE. -- SEVENTY PER CENTUM OF THE FEDERAL ASSISTANCE ALLOTTED TO THE STATES UNDER SUBSECTION (C) SHALL BE ALLOCATED BY THE STATE RECEIVING SUCH FUNDS TO STATE, LOCAL, REGIONAL, AND INTERSTATE AUTHORITIES CARRYING OUT PLANNING AND IMPLEMENTATION OF THE STATE PLAN. SUCH ALLOCATION SHALL BE BASED UPON THE RESPONSIBILITIES OF THE RESPECTIVE PARTIES AS DETERMINED PURSUANT TO SECTION 406(B). THIRTY PER CENTUM OF THE FEDERAL ASSISTANCE ALLOTTED TO STATES UNDER SUBSECTION (B) SHALL BE AVAILABLE TO PROVIDE ASSISTANCE TO MUNICIPALITIES WITH A POPULATION OF FIVE THOUSAND OR LESS, OR COUNTIES WITH A POPULATION OF TEN THOUSAND OR LESS, WHICH MUNICIPALITIES AND COUNTIES ARE NOT WITHIN A METROPOLITAN AREA OR ARE NOT WITHIN A REGION IDENTIFIED UNDER SECTION 406 FOR DISCARDED MATERIALS MANAGEMENT, IN ORDER THAT SUCH COMMUNITIES MAY MEET THEIR RESPONSIBILITIES UNDER THE STATE PLAN AS DETERMINED PURSUANT TO SECTION 406(B).

(D) TECHNICAL ASSISTANCE. -- THE ADMINISTRATOR MAY PROVIDE TECHNICAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS FOR PURPOSES OF DEVELOPING AND IMPLEMENTING STATE DISCARDED MATERIAL PLANS. TECHNICAL ASSISTANCE RESPECTING RESOURCE RECOVERY AND CONSERVATION MAY BE PROVIDED THROUGH RESOURCE RECOVERY AND CONSERVATION PANELS, ESTABLISHED IN TE ENVIRONMENTAL PROTECTION AGENCY UNDER TITLE II, TO ASSIST THE STATE AND LOCAL GOVERNMENTS WITH RESPECT TO PARTICULAR RESOURCE RECOVERY AND CONSERVATION PROJECTS UNDER CONSIDERATION AND TO EVALUATE THEIR EFFECT ON THE STATE PLAN.

(E) SPECIAL COMMUNITIES. -- (1) THE ADMINISTRATOR, IN COOPERATION 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 DISCARDED WASTE DISPOSAL FACILITIES IN WHICH MORE THAN 75 PER CENTUM OF THE DISCARDED MATERIAL DISPOSED OF IS FROM AREAS OUTSIDE THE JURISDICTION OF THE COMMUNITY, AND (C) WHICH HAVE SERIOUS ENVIRONMENTAL PROBLEMS RESULTING FROM THE DISPOSAL OF SUCH DISCARDED MATERIALS.

(2) THERE IS AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR ($2,500,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO MAKE GRANTS TO BE USED FOR THE CONVERSION, IMPROVEMENT, OR CONSOLIDATIONOF EXISTING DISCARDED MATERIAL DISPOSAL FACILITIES, OR FOR THE CONSTRUCTION OF NEW DISCARDED MATERIAL 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 APPLICABLE STATE PLAN APPROVED UNDER TITLE IV AND WHICH WILL ASSIST IN CARRYING OUT SUCH PLAN.

REPEAL OF EXISTING AUTHORITY

SEC. 409. SECTION 207 OF THE SOLID WASTE DISPOSAL ACT IS HEREBY REPEALED.

TITLE V -- DUTIES OF THE SECRETARY OF COMMERCE IN RESOURCE CONSERVATION AND RECOVERY FUNCTIONS

SEC. 501. THE SECRETARY OF COMMERCE SHALL ENCOURAGE GREATER COMMERCIALIZATION OF PROVEN RESOURCE RECOVERY TECHNOLOGY BY PROVIDING

(1) ACCURATE SPECIFICATIONS FOR RECOVERED MATERIALS;

(2) STIMULATION OF DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS;

(3) PROMOTION OF PROVEN TECHNOLOGY; AND

(4) A FORUM FOR THE EXCHANGE OF TECHNICAL AND ECONOMIC DATA RELATING TO RESOURCE RECOVERY FACILITIES.

DEVELOPMENT OF SPECIFICATIONS FOR SECONDARY MATERIALS

SEC. 502. THE SECRETARY OF COMMERCE, ACTING THROUGH THE BUREAU OF STANDARDS, SHALL WITHIN ONE YEAR AND AFTER PUBLIC HEARING, PUBLISH UNIFORM SPECIFICATIONS FOR THE CLASSIFICATION OF RECOVERED MATERIALS WITH REGARD TO THEIR PHYSICAL AND CHEMICAL PROPERTIES AND CHARACTERISTICS AND ESTABLISH AN INDEX OF THE ABILITY OF MATERIALS SO CLASSIFIED TO REPLACE VIRGIN MATERIALS IN VARIOUS INDUSTRIAL, COMMERCIAL, AND GOVERNMENTAL USES. IN ESTABLISHING SUCH INDEX, THE SECRETARY SHALL, TO THE EXTENT FEASIBLE, PROVIDE SUCH INFORMATION AS MAY BE NECESSARY TO ASSIST FEDERAL AGENCIES IN COMPLYING WITH THE PROCUREMENT REQUIREMENTS OF SECTION 602(C)(1)(A)(II). SUCH INDEX SHALL BE DEVELOPED FIRST WITH RESPECT TO PROCUREMENT ITEMS PURCHASED BY THE FEDERAL GOVERNMENT IN LARGE QUANTITIES.

DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS

SEC. 503. THE SECRETARY OF COMMERCE SHALL WITHIN TWO YEARS AFTER THE ENACTMENT OF THIS ACT TAKE SUCH ACTIONS AS MAY BE NECESSARY TO

(1) IDENTIFY THE GEOGRAPHICAL LOCATION OF EXISTING OR POTENTIAL MARKETS FOR RECOVERED MATERIALS;

(2) IDENTIFY THE ECONOMIC AND TECHNICAL BARRIERS TO THE USE OF RECOVERED MATERIALS; AND

(3) ENCOURAGE THE DEVELOPMENT OF NEW USES FOR RECOVERED MATERIALS.

TECHNOLOGY PROMOTION

SEC. 504. THE SECRETARY OF COMMERCE IS AUTHORIZED TO EVALUATE THE COMMERCIAL FEASIBILITY OF RESOURCE RECOVERY FACILITIES AND TO PUBLISH THE RESULTS OF SUCH EVALUATION, AND TO DEVELOP A DATA BASE FOR PURPOSES OF ASSISTING PERSONS IN CHOOSING SUCH A SYSTEM.

INFORMATION EXCHANGE

SEC. 505. (A) MEETINGS. -- THE SECRETARY OF COMMERCE MAY PROVIDE FOR MEETINGS FOR THE EXCHANGE OF INFORMATION CONCERNING ALL ASPECTS OF DISCARDED MATERIAL MANAGEMENT, INCLUDING ANY INFORMATION RESPECTING PATENTS, TECHNOLOGIES, AND PROCESSES.

(B) NOTICE; ATTENDANCE. -- MEETINGS HELD FOR PURPOSES OF SUBSECTION (A) SHALL PERMIT ATTENDANCE BY PERSONS INVOLVED IN THE GENERATION, TREATMENT, DISPOSAL, OR ANY ASPECT OF THE MANAGEMENT OF DISCARDED MATERIAL. SUCH MEETINGS SHALL BE PRECEDED BY TIMELY AND ADEQUATE NOTICE WITH IDENTIFICATION OF THE AGENDA OF SUCH MEETINGS TO THE ATTORNEY GENERAL AND THE FEDERAL TRADE COMMISSION, AND SHALL BE INITIATED AND CHAIRED BY THE SECRETARY OF COMMERCE OR HIS DELEGATE.

(C) RECORD. -- A FULL AND COMPLETE RECORD, AND WHERE PRACTICABLE A VERBATIM TRANSCRIPT, SHALL BE KEPT OF ANY MEETING HELD, AND A FULL AND COMPLETE RECORD SHALL BE KEPT OF ANY COMMUNICATION MADE (OTHER THAN IN A MEETING) BETWEEN OR AMONG PARTICIPANTS, OR POTENTIAL PARTICIPANTS. SUCH RECORD OR TRANSCRIPT SHALL BE DEPOSITED, TOGETHER WITH ANY AGREEMENT RESULTING THEREFROM, WITH THE SECRETARY OF COMMERCE, AND SHALL BE AVAILABLE TO THE ATTORNEY GENERAL AND THE FEDERAL TRADE COMMISSION.

(D) SUBMISSION AND PUBLICATION OF AGREEMENTS. -- ANY AGREEMENT FOR THE EXCHANGE OF ANY INFORMATION ENTERED INTO PURSUANT TO THIS SECTION SHALL BE SUBMITTED IN WRITING TO THE ATTORNEY GENERAL AND THE FEDERAL TRADE COMMISSION TWENTY DAYS BEFORE BEING IMPLEMENTED. ANY SUCH AGREEMENT ORPLAN OF ACTION SHALL BE AVAILABLE FOR PUBLIC INSPECTION AND COPYING IN ACCORDANCE WITH SECTION 552 OF TITLE 5, UNITED STATES CODE; EXCEPT THAT MATTER MAY NOT BE WITHHELD FROM DISCLOSURE UNDER SECTION 552(B) OF SUCH TITLE ON GROUNDS OTHER THAN THE GROUNDS SPECIFIED IN SECTION 552(B)(1), (B) (3), OR SO MUCH OF (B)(4) AS RELATES TO TRADE SECRETS.

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(E) ANTITRUST DEFENSE. -- (1) THERE SHALL BE AVAILABLE AS A DEFENSE TO ANY CIVIL OR CRIMINAL ACTION BROUGHT UNDER THE ANTITRUST LAWS (OR ANY SIMILAR STATE LAW) IN RESPECT TO ACTIONS TAKEN TO DEVELOP OR CARRY OUT AN AGREEMENT FOR THE EXCHANGE OF INFORMATION UNDER THIS SUBSECTION (PROVIDED THAT SUCH ACTIONS WERE NOT TAKEN FOR THE PURPOSE OF INJURING COMPETITION) THAT

(A) SUCH ACTIONS WERE TAKEN IN THE COURSE OF DEVELOPING AN AGREEMENT PURSUANT TO THIS SECTION, OR TO CARRY OUT AN AGREEMENT IN ACCORDANCE WITH THIS SECTION, AND

(B) SUCH PERSONS COMPLIED WITH THE REQUIREMENTS OF THIS SECTION AND THE RULES PROMULGATED THEREUNDER.

(2) PERSONS INTERPOSING THE DEFENSE PROVIDED BY THIS SUBSECTION SHALL HAVE THE BURDEN OF PROOF, EXCEPT THAT THE BURDEN SHALL BE ON THE PERSON AGAINST WHOM THE DEFENSE IS ASSERTED WITH RESPECT TO WHETHER THE ACTIONS WERE TAKEN FOR THE PURPOSE OF INJURING COMPETITION.

(F) APPLICATION OF SECTION. -- NO PROVISION OF THIS SECTION SHALL BE CONSTRUED AS GRANTING IMMUNITY FOR, OR AS LIMITING OR IN ANY WAY AFFECTING ANY REMEDY OR PENALTY WHICH MAY RESULT FROM ANY LEGAL ACTION OR PROCEEDING ARISING FROM, ANY ACT OR PRACTICE WHICH OCCURRED PRIOR TO THE DATE OF ENACTMENT OF THIS ACT OR SUBSEQUENT TO ITS EXPIRATION OR REPEAL.

TITLE VI -- FEDERAL RESPONSIBILITIES APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO FEDERAL FACILITIES

SEC. 601. (A) FEDERAL REGULATIONS TO APPLY TO FEDERAL FACILITIES FOR PURPOSES OF TITLE IV. -- (1) THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS WHICH SHALL APPLY TO ANY PROPERTY, FACILITY, OR ACTIVITY OF THE UNITED STATES IN LIEU OF ANY STATE PLAN APPROVED UNDER TITLE IV. SUCH REGULATIONS SHALL REQUIRE COMPLIANCE BY EACH DEPARTMENT, AGENCY, AND INSTRUMENTALITY OF THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF THE FEDERAL GOVERNMENT WITH THE GUIDELINES AND OTHER REQUIREMENTS OF TITLE IV (NOT INCLUDING THE MINIMUM REQUIREMENTS SPECIFIED IN SECTION 430 (1), (4), AND (5) OR SUCH OTHER REQUIREMENTS AS ARE APPLICABLE ONLY TO STATE OR LOCAL GOVERNMENTS). FOR PURPOSES OF APPLYING SUCH REGULATIONS SHALL BE TREATED AS A STATE PLAN APPLICABLE ONLY TO THE PROPERTY, FACILITIES, AND ACTIVITIES OF THE UNITED STATES.

(2) NOTHING IN ANY STATE PLAN APPROVED UNDER TITLE IV OR IN ANY OTHER STATE OR LOCAL LAW SHALL APPLY TO THE SAME ASPECT OF ANY PROPERTY, FACILITY, OR ACTIVITY OF THE UNITED STATES AS IS SUBJECT TO REGULATIONS PROMULGATED UNDER PARAGRAPH (1), AND FOR PURPOSES OF APPLYING THE REQUIREMENTS OF TITLE IV TO BE CARRIED OUT BY STATE AND LOCAL GOVERNMENTS, SUCH PROPERTY, FACILITIES, AND ACTIVITIES SHALL NOT BE TAKEN INTO ACCOUNT.

(3) (A) WHENEVER, ON THE BASIS OF ANY INFORMATION, THE ADMINISTRATOR DETERMINES THAT ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY IS IN VIOLATION OF ANY REQUIREMENT OF A REGULATION PROMULGATED UNDER PARAGRAPH (1), 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.

(B) IF SUCH VIOLATOR FAILS TO TAKE CORRECTIVE ACTION WITHIN THE TIME SPECIFIED IN THE ORDER, HE SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN $25,000 FOR EACH DAY OF CONTINUED NONCOMPLIANCE.

(C) ANY ORDER ISSUED UNDER THIS PARAGRAPH 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 A REASONABLE PERIOD AND PENALTY TAKING INTO ACCOUNT THE SERIOUSNESS OF THE VIOLATION AND ANY GOOD FAITH EFFORTS TO COMPLY WITH THE APPLICABLE REQUIREMENTS.

(B) FEDERAL AND LOCAL LAW RESPECTING HAZARDOUS WASTE. -- EACH DEPARTMENT, AGENCY, AND INSTRUMENTALITY OF THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF THE FEDERAL GOVERNMENT HAVING JURISDICTION OVER ANY PROPERTY OR FACILITY, OR ENGAGED IN ANY ACTIVITY WITH RESPECT TO HAZARDOUS WASTE SHALL BE SUBJECT TO, AND COMPLY WITH, ALL FEDERAL REQUIREMENTS UNDER TITLE III AND FOR PURPOSES OF SUCH TITLE (INCLUDING ACTIONS TAKEN BY THE ADMINISTRATOR UNDER SECTIONS 307 AND 308) THE TERM "PERSON" INCLUDES ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY OF THE UNITED STATES.

(C) EXEMPTIONS. -- THE PRESIDENT OR HIS DESIGNEE MAY EXEMPT ANY FACILITY OR ACTIVITY OR ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY IN THE EXECUTIVE BRANCH FROM COMPLIANCE WITH THE REQUIREMENTS OF TITLE III IF HE DETERMINES IT TO BE IN THE NATIONAL SECURITY INTEREST OF THE UNITED STATES TO DO SO. ANY EXEMPTION SHALL BE FOR A PERIOD NOT IN EXCESS OF ONE YEAR, BUT ADDITIONAL EXEMPTIONS MAY BE GRANTED FOR PERIODS OF NOT TO EXCEED ONE YEAR UPON THE PRESIDENT'S OR HIS DESIGNEE'S MAKING OF A NEW DETERMINATION. THE ADMINISTRATOR SHALL ASCERTAIN THE EXEMPTIONS GRANTED UNDER THIS SUBSECTION AND SHALL REPORT EACH JANUARY TO THE CONGRESS ALL EXEMPTIONS FROM THE REQUIREMENTS OF THIS SECTION GRANTED DURING THE PRECEDING CALENDAR YEAR.

FEDERAL PROCUREMENT

SEC. 602. (A) APPLICATION OF SECTION. -- EXCEPT AS PROVIDED IN SUBSECTION (B), A PROCURING AGENCY SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN THIS SECTION AND ANY REGULATIONS ISSUED UNDER THIS SECTION, WITH RESPECT TO ANY PURCHASE OR ACQUISITION OF A PROCUREMENT ITEM WHERE THE PURCHASE PRICE OF THE ITEM EXCEEDS $10,000 OR WHERE THE QUANTITY OF SUCH ITEMS OR OF FUNCTIONALLY EQUIVALENT ITEMS PURCHASED OR ACQUIRED IN THE COURSE OF THE PRECEDING FISCAL YEAR WAS $10,000 OR MORE.

(B) PROCUREMENT SUBJECT TO OTHER LAW. -- ANY PROCUREMENT BY ANY PROCURING AGENCY WHICH IS SUBJECT TO REGULATIONS OF THE ADMINISTRATOR (PROMULGATED BEFORE THE DATE OF ENACTMENT OF THIS ACT) UNDER SECTION 211 OF THE SOLID WASTE DISPOSAL ACT SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION TO THE EXTENT THAT SUCH REQUIREMENTS ARE INCONSISTENT WITH SUCH REGULATIONS.

(C) REQUIREMENTS. -- (1)(A) AFTER TWO YEARS AFTER THE DATE OF ENACTMENT OF THIS ACT 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 A 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 PERFORMANCE STANDARDS OF THE PROCURING AGENCYES; OR

(III) ARE ONLY AVAILABLE AT AN UNREASONABLE PRICE.

ANY DETERMINATION UNDER CLAUSE (II) SHALL BE MADE ON THE BASIS OF THE INDEX OF THE BUREAU OF STANDARDS IN ANY CASE IN WHICH SUCH MATERIAL IS COVERED BY SUCH INDEX.

(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 MATERIAL-DERIVED 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) SPECIFICATIONS. -- (1) ALL FEDERAL AGENCIES THAT HAVE THE RESPONSIBILITY FOR DRAFTING OR REVIEWING SPECIFICATIONS FOR PROCUREMENT ITEM PROCURRED BY FEDERAL AGENCIES SHALL, IN REVIEWING THOSE SPECIFICATIONS, ASCERTAIN WHETHER SUCH SPECIFICATIONS VIOLATE THE PROHIBITIONS CONTAINED IN SUBPARAGRAPHS (A) THROUGH (C) OF PARAGRAPH (2). SUCH REVIEW SHALL BE UNDERTAKEN NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT.

(2) IN DRAFTING OR REVISING SUCH SPECIFICATIONS, AFTER THE DATE OF ENACTMENT OF THIS ACT

(A) ANY EXCLUSION OF RECOVERED MATERIALS SHALL BE ELIMINATED;

(B) SUCH SPECIFICATIONS SHALL NOT REQUIRE THE ITEM TO BE MANUFACTURED FROM VIRGIN MATERIALS; AND

(C) SUCH SPECIFICATIONS SHALL REQUIRE RECLAIMED MATERIALS TO THE MAXIMUM EXTENT POSSIBLE WITHOUT JEOPARDIZING THE INTENDED END USE OF THE ITEM.

(E) GUIDELINES. -- THE ADMINISTRATOR, AFTER CONSULTATION WITH THE ADMINISTRATOR OF GENERAL SERVICES, THE SECRETARY OF COMMERCE (ACTING THROUGH THE BUREAU OF STANDARDS), AND THE PUBLIC PRINTER, SHALL PREPARE, AND FROM TIME TO TIME REVISE, GUIDELINES FOR THE USE OF PROCURING AGENCIES IN COMPLYING WITH THE REQUIREMENTS OF THIS SECTION. SUCH GUIDELINES SHALL 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 AND ITEMS.

(F) PROCUREMENT OF SERVICES. -- A PROCURING AGENCY SHALL, TO THE MAXIMUM EXTENT PRACTICABLE, MANAGE OR ARRANGE FOR THE PROCUREMENT OF DISCARDED MATERIAL MANAGEMENT SERVICES IN A MANNER WHICH MAXIMIZES ENERGY AND RESOURCE RECOVERY.

COOPERATION WITH ENVIRONMENTAL PROTECTION AGENCY

SEC. 603. ALL FEDERAL AGENCIES HAVING FUNCTIONS RELATING TO DISCARDED MATERIAL OR HAZARDOUS WASTE SHALL COOPERATE TO THE MAXIMUM EXTENT PERMITTED BY LAW WITH THE ADMINISTRATOR IN CARRYING OUT HIS FUNCTIONS 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.

TITLE VII -- MISCELLANEOUS PROVISIONS EMPLOYEE PROTECTION

SEC. 701. (A) GENERAL. -- NO EMPLOYER MAY DISCHARGE ANY EMPLOYEE OR OTHERWISE DISCRIMINATE AGAINST ANY EMPLOYEE WITH RESPECT TO HIS COMPENSATION, TERMS, CONDITIONS, OR PRIVILEGES OF EMPLOYMENT BECAUSE THE EMPLOYEE (OR ANY PERSON ACTING PURSUANT TO A REQUEST OF THE EMPLOYEE) HAS

(1) COMMENCED, CAUSED TO BE COMMENCED, OR IS ABOUT TO COMMENCE OR CAUSE TO BE COMMENCED A PROCEEDING UNDER THIS ACT;

(2) TESTIFIED OR IS ABOUT TO TESTIFY IN ANY SUCH PROCEEDING; OR

(3) ASSISTED OR PARTICIPATED OR IS ABOUT TO ASSIST OR PARTICIPATE IN ANY MANNER IN SUCH A PROCEEDING OR IN ANY OTHER ACTION TO CARRY OUT THE PURPOSES OF THIS ACT.

(B) REMEDY. -- (1) ANY EMPLOYEE WHO BELIEVES THAT HE HAS BEEN DISCHARGED OR OTHERWISE DISCRIMINATED AGAINST BY ANY PERSON IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY WITHIN THIRTY DAYS AFTER SUCH VIOLATION OCCURS, FILE (OR HAVE ANY PERSON FILE ON HIS BEHALF) A COMPLAINT WITH THE SECRETARY OF LABOR (HEREINAFTER IN THIS SUBSECTION REFERRED TO AS THE "SECRETARY") ALLEGING SUCH DISCHARGE OR DISCRIMINATION. UPON RECEIPT OF SUCH A COMPLAINT, THE SECRETARY SHALL NOTIFY THE PERSON NAMED IN THE COMPLAINT OF THE FILING OF THE COMPLAINT.

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(2) (A) UPON RECEIPT OF A COMPLAINT FILED UNDER PARAGRAPH (1), THE SECRETARY SHALL CONDUCT AN INVESTIGATION OF THE VIOLATION ALLEGED IN THE COMPLAINT. WITHIN THIRTY DAYS OF THE RECEIPT OF SUCH COMPLAINT, THE SECRETARY SHALL COMPLETE SUCH INVESTIGATION AND SHALL NOTIFY IN WRITING THE COMPLAINANT (AND ANY PERSON ACTING IN HIS BEHALF) AND THE PERSON ALLEGED TO HAVE COMMITTED SUCH VIOLATION OF THE RESULTS OF THE INVESTIGATION CONDUCTED PURSUANT TO THIS PARAGRAPH. WITHIN NINETY DAYS OF THE RECEIPT OF SUCH COMPLAINT THE SECRETARY SHALL, UNLESS THE PROCEEDING ON THE COMPLAINT IS TERMINATED BY THE SECRETARY ON THE BASIS OF A SETTLEMENT ENTERED INTO BY THE SECRETARY AND THE PERSON ALLEGED TO HAVE COMMITTED SUCH VIOLATION, ISSUE AN ORDER EITHER PROVIDING THE RELIEF PRESCRIBED BY SUBPARAGRAPH (B) OR DENYING THE COMPLAINT. AN ORDER OF THE SECRETARY SHALL BE MADE ON THE RECORD AFTER NOTICE AND OPPORTUNITY FOR AGENCY HEARING. THE SECRETARY MAY NOT ENTER INTO A SETTLEMENT TERMINATING A PROCEEDING ON A COMPLAINT WITHOUT THE PARTICIPATION AND CONSENT OF THE COMPLAINANT.

(B) IF IN RESPONSE TO A COMPLAINT FILED UNDER PARAGRAPH (1) THE SECRETARY DETERMINES THAT A VIOLATION OF SUBSECTION (A) OF THIS SECTION HAS OCCURRED, THE SECRETARY SHALL ORDER (I) THE PERSON WHO COMMITTED SUCH VIOLATION TO TAKE AFFIRMATIVE ACTION TO ABATE THE VIOLATION, (II) SUCH PERSON TO REINSTATE THE COMPLAINANT TO HIS FORMER POSITION TOGETHER WITH THE COMPENSATION (INCLUDING BACK PAY), TERMS, CONDITIONS, AND PRIVILEGES OF HIS EMPLOYMENT, (III) COMPENSATORY DAMAGES, AND (IV) WHERE APPROPRIATE, EXEMPLARY DAMAGES. IF SUCH AN ORDER IS ISSUED, THE SECRETARY, AT THE REQUEST OF THE COMPLAINANT, SHALL ASSESS AGAINST THE PERSON AGAINST WHOM THE ORDER IS ISSUED A SUM EQUAL TO THE AGREGATE AMOUNT OF ALL COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) REASONABLE INCURRED, AS DETERMINED BY THE SECRETARY, BY THE COMPLAINANT FOR, OR IN CONNECTION WITH, THE BRINGING OF THE COMPLAINANT UPON WHICH THE ORDER WAS ISSUED.

(C) REVIEW. -- (1) ANY PERSON ADVERSELY AFFECTED OR AGGRIEVED BY AN ORDER ISSUED UNDER SUBSECTION (B) MAY OBTAIN REVIEW OF THE ORDER IN THE UNITED STATES COURT OF APPEALS FOR THE CIRCUIT IN WHICH THE VIOLATION, WITH RESPECT TO WHICH THE ORDER WAS ISSUED, ALLEGEDLY OCCURRED. THE PETITION FOR REVIEW MUST BE FILED WITHIN SIXTY DAYS FROM THE ISSUANCE OF THE SECRETARY'S ORDER. REVIEW SHALL CONFORM TO CHAPTER 7 OF TITLE 5 OF THE UNITED STATES CODE. THE COMMENCEMENT OFPROCEEDINGS UNDER THIS SUBPARAGRAPH SHALL NOT, UNLESS ORDERED BY THE COURT, OPERATE AS A STAY OF THE SECRETARY'S ORDER.

(2) AN ORDER OF THE SECRETARY, WITH RESPECT TO WHICH REVIEW COULD HAVE BEEN OBTAINED UNDER PARAGRAPH (1), SHALL NOT BE SUBJECT TO JUDICIAL REVIEW IN ANY CRIMINAL OR OTHER CIVIL PROCEEDING.

(D) ENFORCEMENT. -- (1) WHENEVER A PERSON HAS FAILED TO COMPLY WITH AN ORDER ISSUED UNDER SUBSECTION (B)(2), THE SECRETARY SHALL FILE A CIVIL ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT IN WHICH THE VIOLATION WAS FOUND TO OCCUR TO ENFORCE SUCH ORDER. IN ACTIONS BROUGHT UNDER THIS SUBSECTION, THE DISTRICT COURTS SHALL HAVE JURISCISTION TO GRANT ALL APPROPRIATE RELIEF INCLUDING, BUT NOT LIMITED TO, INJUNCTIVE RELIEF, COMPENSATORY, AND EXEMPLARY DAMAGES. CIVIL ACTIONS FILED UNDER THIS SUBSECTION SHALL BE HEARD AND DECIDED EXPEDITIOUSLY.

(2) ANY NONDISCRETIONARY DUTY IMPOSED BY THIS SECTION IS ENFORCEABLE IN MANDAMUS PROCEEDING BROUGHT UNDER SECTION 1361 OF TITLE 28, UNITED STATES CODE.

(E) EXCLUSION. -- SUBSECTION (A) OF THIS SECTION SHALL NOT APPLY WITH RESPECT TO ANY EMPLOYEE WHO, ACTING WITHOUT DIRECTION FROM HIS EMPLOYER (OR THE EMPLOYER'S AGENT), DELIBERATELY CAUSES A VIOLATION OF ANY REQUIREMENT OF THIS ACT.

CITIZENS SUITS

SEC. 702. (A) IN GENERAL. -- EXCEPT AS PROVIDED IN SUBSECTION (B) OR (C) OF THIS SECTION, ANY PERSON MAY COMMENCE A CIVIL ACTION ON HIS OWN BEHALF

(1) AGAINST ANY PERSON (INCLUDING (A) THE UNITED STATES, AND (B) ANY OTHER GOVERNMENTAL INSTRUMENTALITY OR AGENCY, TO THE EXTENT PERMITTED BY THE ELEVENTH AMENDMENT TO THE CONSTITUTION) WHO IS ALLEGED TO BE IN VIOLATION OF ANY REQUIREMENT OF THIS ACT;

(2) AGAINST THE ADMINISTRATOR WHERE THERE IS ALLEGED FAILURE OF THE ADMINISTRATOR TO PERFORM ANY ACT OR DUTY UNDER THIS ACT WHICH IS NOT DISCRETIONARY WITH THE ADMINISTRATOR. ANY ACTION UNDER PARAGRAPH (A)(1) OF THIS SUBSECTION SHALL BE BROUGHT IN THE DISTRICT COURT FOR THE DISTRICT IN WHICH THE ALLEGED VIOLATION OCCURRED. ANY ACTION BROUGHT UNDER PARAGRAPH (A)(2) OF THIS SUBSECTION MAY BE BROUGHT IN THE DISTRICT COURT FOR THE DISTRICT IN WHICH THE ALLEGED VIOLATIONS 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 ADMINISTRATOR TO PERFORM SUCH ACT OR DUTY AS THE CASE MAY BE.

(B) ACTIONS PROHIBITED. -- NO ACTION MAY BE COMMENCED UNDER PARAGRAPH (A)(1) OF THIS SECTION

(1) PRIOR TO SIXTY DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE OF THE VIOLATION (A) TO THE ADMINISTRATOR, (B) TO THE STATE IN WHICH THE ALLEGED VIOLATION OCCURS, AND (C) TO ANY ALLEGED VIOLATOR OF SUCH REQUIREMENT; OR

(2) IF THE ADMINISTRATOR OR STATE HAS COMMENCED AND IS DILLIGENTLY PROSECUTING A CIVIL OR CRIMINAL ACTION IN A COURT OF THE UNITED STATES OR A STATE TO REQUIRE COMPLIANCE WITH SUCH REQUIREMENT.

(C) NOTICE. -- NO ACTIONS MAY BE COMMENCED UNDER PARAGRAPH (A)(2) OF THIS SECTION PRIOR TO SICTY DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE TO THE ADMINISTRATOR THAT HE WILL COMMENCE SUCH ACTION. NOTICE UNDER THIS SECTION SHALL BE GIVEN BY REGISTERED MAIL. 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 ADMINISTRATOR, IF NOT A PARTY MAY INTERVENE AS A MATTER OF RIGHT. IN ANY ACTION REFERRED TO IN SUBSECTION (B)(1)(B) IN A COURT OF THE UNITED STATES ANY PERSON MAY INTERVENE AS A MATTER OF RIGHT.

(E) COSTS. THE COURT, IN ISSUING ANY FINAL ORDER IN ANY ACTION BROUGHT PURSUANT TO THIS SECTION, MAY AWARD COSTS OF LITIGATION (INCLUDING REASONABLE ATTORNEY AND EXPERT WITNESS FEES) TO ANY PARTY, WHEREVER THE COURT DETERMINES SUCH AN AWARD IS APPROPRIATE. THE COURT MAY, IF A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION IS SOUGHT, REQUIRING THE FILING OF A BOND OR EQUIVALENT SECURITY IN ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURES.

(F) OTHER RIGHTS PRESERVED. -- NOTHING IN THIS SECTION SHALL RESTRICT ANY RIGHT WHICH ANY PERSON (OR CLASS OF PERSONS) MAY HAVE UNDER ANY STATUTE OR COMMON LAW TO SEEK ENFORCEMENT OF ANY STANDARD OR REQUIREMENT RELATING TO THE MANAGEMENT OF DISCARDED MATERIAL OR HAZARDOUS WASTE, OR TO SEEK ANY OTHER RELIEF (INCLUDING RELIEF AGAINST THE ADMINISTRATOR OR A STATE AGENCY)9

IMMINENT HAZARD

SEC. 703. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, UPON RECEIPT OF EVIDENCE THAT THE HANDLING, STORAGE, TREATMENT, TRANSPORTATION OR DISPOSAL OF ANY DISCARDED MATERIAL OR HAZARDOUS WASTE IS PRESENTING AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO HEALTH OR THE ENVIRONMENT, THE ADMINISTRATOR MAY BRING SUIT ON BEHALF OF THE UNITED STATES IN THE APPROPRIATE DISTRICT COURT TO IMMEDIATELY RESTRAIN ANY PERSON FOR CONTRIBUTING TO THE ALLEGED DISPOSAL TO STOP SUCH HANDLING, STORAGE, TREATMENT, TRANSPORTING OR DISPOSAL OR TO TAKE SUCH OTHER ACTION AS MAY BE NECESSARY.

PETITION FOR REGULATION

SEC. 704. ANY PERSON MAY PETITION THE ADMINISTRATOR FOR THE PROMULGATION, AMENDMENT, OR REPEAL OF ANY REGULATION UNDER THIS ACT. WITHIN A REASONABLE TIME FOLLOWING RECEIPT OF SUCH PETITION, THE ADMINISTRATOR SHALL TAKE ACTION WITH RESPECT TO SUCH PETITION AND SHALL PUBLISH NOTICE OF SUCH ACTION IN THE FEDERAL REGISTER, TOGETHER WITH THE REASONS THEREFOR.

SEPARABILITY

SEC. 705. 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, SHALL NOT BE AFFECTED THEREBY.

PART II SHORT TITLE

SEC. 2001. THIS TITLE MAY BE CITED AS THE "SOLID WASTE RESEARCH AND DEVELOPMENT ACT OF 1976".

FINDINGS

SEC. 2002. THE CONGRESS FINDS AND DECLARES THAT

(1) THE ECONOMIC AND POPULATION GROWTH OF OUR NATION, AND THE IMPROVEMENTS IN THE STANDARDS OF LIVING ENJOYED BY OUR POPULATION, HAVE REQUIRED INCREASED INDUSTRIAL PRODUCTION TO MEET OUR NEEDS, AND HAVE MADE NECESSARY THE DEMOLITION OF OLD BUILDINGS, THE CONSTRUCTION OF NEW BUILDINGS, AND THE PROVISION OF HIGHWAYS AND OTHER AVENUES OF TRANSPORTATION, WHICH TOGETHER WITH RELATED INDUSTRIAL, COMMERCIAL, DOMESTIC, AND AGRICULTURAL OPERATIONS, HAVE RESULTED IN A RISING TIDE OF SCRAP, DISCARDED, AND WASTE MATERIALS;

(2) THE CONTINUING CONCENTRATION OF OUR POPULATION IN EXPANDING METROPOLITAN AND OTHER URBAN AREAS HAS PRESENTED THESE COMMUNITIES WITH SERIOUS FINANCIAL, MANAGEMENT, INTERGOVERNMENTAL, AND TECHNICAL PROBLEMS IN THE DISPOSAL OF SOLID WASTES RESULTING FROM THE INDUSTRIAL, COMMERCIAL, DOMESTIC, AND OTHER ACTIVITIES CARRIED ON IN SUCH AREAS;

(3) MANY OF THE CITIES IN THE UNITED STATES WILL BE RUNNING OUT OF SUITABLE SOLID WASTE DISPOSAL SITES WITHIN FIVE YEARS UNLESS IMMEDIATE ACTION IS TAKEN;

(4) INEFFICIENT AND IMPROPER METHODS OF DISPOSAL OF SOLID WASTE RESULT IN SCENIC BLIGHTS, CREATE SERIOUS HAZARDS TO THE PUBLIC HEALTH, INCLUDING POLLUTION OF AIR AND WATER RESOURCES, ACCIDENT HAZARDS, AND INCREASE IN RODENT AND INSECT VECTORS AND DISEASE, HAVE AN ADVERSE EFFECT ON LAND VALUES, CREATE PUBLIC NUISANCES, AND OTHERWISE INTERFERE WITH COMMUNITY LIFE AND DEVELOPMENT.

(5) EFFORTS TO REDUCE AIR AND WATER POLLUTION HAVE OFTEN PLACED MORE OF THE POLLUTION BURDEN ON THE LAND;

(6) RECYCLING AND REUSE OF SOLID WASTE INCLUDING USE OF SUCH WASTE AS A SECONDARY SOURCE OF ENERGY CAN PREVENT THE UNNECESSARY DEPLETION OF OUR LIMITED NATIONAL RESOURCES AND ENERGY SUPPLIES;

(7) ELECTRICITY AND STEAM, AND SOLID, LIQUID, AND GASEOUS FUELS CAN BE PRODUCED FROM SOLID WASTE, USING A NUMBER OF SYSTEMS CURRENTLY UNDER DEVELOPMENT;

(8) AT PRESENT EFFORTS TO RECOVER RESOURCES FROM SOLID WASTE ARE SCATTERED AND FRAGMENTED WITH THE HEAVIEST FINANCIAL BURDEN FOR THE DEVELOPMENT AND IMPLEMENTATION OF RESOURCE RECOVERY SYSTEMS FALLING ON LOCAL MUNICIPAL GOVERNMENTS;

(9) FOR RESOURCE RECOVERY TO BECOME MORE EFFECTIVE AND WIDELY PRACTICED, THERE IS NEEDED A FEDERAL PROGRAM TO DEVELOP AND MAKE AVAILABLE INFORMATION ON RESOURCE RECOVERY; AND

(10) IN ORDER TO ASSIST STATE, REGIONAL, AND LOCAL AGENCIES AND THE PRIVATE SECTOR IN CARRYING OUT THEIR SOLID WASTE MANAGEMENT RESPONSIBILITIES, THERE IS NEEDED A WELL-COORDINATED FEDERAL PROGRAM OF RESEARCH, DEVELOPMENT, AND DEMONSTRATION, INCLUDING THE COLLECTION AND DISSEMINATION OF INFORMATION.

DEFINITIONS

SEC. 2003. SECTION 2003 OF THE SOLID WASTE DISPOSAL ACT (42 U.S.C. 3252) IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW PARAGRAPHS.

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"(11) THE TERM 'DEMONSTRATION' MEANS THE INITIAL EXHIBITION OF A NEW TECHNOLOGY PROCESS OR PRACTICE OR A SIGNIFICANTLY NEW COMBINATION OR USE OF TECHNOLOGIES, PROCESSES OR PRACTICES, SUBSEQUENT TO THE DEVELOPMENT STAGE, FOR THE PURPOSE OF PROVING TECHNOLOGICAL FEASIBILITY AND COST EFFECTIVENESS.

"(12) THE TERM 'SLUDGE' MEANS ANY SOLID, SEMISOLID, OR LIQUID WASTE GENERATED FROM A MUNICIPAL, COMMERCIAL, OR INDUSTRIAL WASTE-WATER TREATMENT PLANT, WATER SUPPLY TREATMENT PLANT, OR AIR POLLUTION CONTROL FACILITY OR ANY OTHER SUCH WASTE HAVING SIMILAR CHARACTERISTICS AND EFFECT.".

CONTINUING STUDIES, RESEARCH, ETC.

SEC. 2004. (A) SECTION 204(A) OF THE SOLID WASTE DISPOSAL ACT (42 U.S.C. 3253(A)) IS AMENDED BY STRIKING OUT "AND" AT THE END OF PARAGRAPH (4), STRIKING OUT THE PERIOD AT THE END OF PARAGRAPH (5) AND SUBSTITUTING A SEMICOLON, AND ADDING THE FOLLOWING NEW PARAGRAPHS AT THE END THEREOF:

"(6) SMALL SCALE AND LOW TECHNOLOGY SOLID WASTE MANAGEMENT SYSTEMS, INCLUDING BUT NOT LIMITED TO, RESOURCE RECOVERY SOURCE SEPARATION SYSTEMS;

"(7) 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;

"(8) 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 DAMANGED BY SUCH EARILER OR EXISTING LANDFILLS, MEANS FOR RENDERING LANDFILLS SAFE FOR PURPOSES OF CONSTRUCTION AND OTHER USES, AND TECHNIQUES OF RECOVERING MATERIALS AND ENERGY FROM LANDFILLS;

"(9) 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);

"(10) METHODS OF HAZARDOUS WASTE MANAGEMENT INCLUDING METHODS OF RENDERING SUCH WASTE ENVIRONMENTALLY SAFE; AND

"(11) 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 RECOVER.".

(B) SECTION 204(B) OF SUCH ACT IS AMENDED TO READ AS FOLLOWS:

"(B)(1) IN CARRYING OUT HIS FUNCTIONS PURSUANT TO THIS ACT, AND ANY OTHER FEDERAL LEGISLATION RESPECTING SOLID WASTE OR DISCARDED MATERIAL RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS, THE ADMINISTRATOR SHALL ESTABLISH A MANAGEMENT PROGRAM OR SYSTEM TO INSURE THE COORDINATION OF ALL SUCH ACTIVITIES AND TO FACILITATE AND ACCELERATE THE PROCESS OF DEVELOPMENT OF SOUND NEW TECHNOLOGY (OR OTHER DISCOVERIES) FROM THE RESEARCH PHASE, THROUGH DEVELOPMENT, AND INTO THE DEMONSTRATION PHASE.

"(2) ANY ENERGY-RELATED RESEARCH, DEVELOPMENT, OR DEMONSTRATION PROJECT FOR THE CONVERSION, INCLUDING BIOCONVERSION, OF SOLID WASTE CARRIED OUT BY THE ENVIRONMENTAL PROTECTION AGENCY OR BY THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION PURSUANT TO THIS OR ANY OTHER ACT SHALL BE ADMINISTERED IN ACCORDANCE WITH THE MAY 7, 1976, INTERAGENCY AGREEMENT BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION ON THE DEVELOPMENT OF ENERGY FROM SOLID WASTES, AND SPECIFICALLY, THAT IN ACCORDANCE WITH THIS AGREEMENT, (A) FOR THOSE ENERGY-RELATED PROJECTS OF MUTUAL INTEREST, PLANNING WILL BE CONDUCTED JOINTLY BY THE ENVIRONMENTAL PROTECTION AGENCY AND THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION, FOLLOWING WHICH PROJECT RESPONSIBILITY WILL BE ASSIGNED TO ONE AGENCY; (B) ENERGY-RELATED PORTIONS OF PROJECTS FOR RECOVERY OF SYNTHETIC FUELS OR OTHER FORMS OF ENERGY FROM SOLID STATE SHALL BE THE RESPONSIBILITY OF THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION; (C) THE ENVIRONMENTAL PROTECTION AGENCY SHALL RETAIN RESPONSIBLITY FOR THE ENVIRONMENTAL, ECONOMIC, AND INSTITUTIONAL ASPECTS OF SOLID WASTE PROJECTS AND FOR ASSURANCE THAT SUCH PROJECTS ARE CONSISTENT WITH ANY APPLICABLE SUGGESTED GUIDELINES PUBLISHED PURSUANT TO SECTION 209(A), AND ANY APPLICABLE STATE OR REGIONAL SOLID WASTE MANAGEMETN PLAN; AND (D) ANY ACTIVITIES UNDERTAKEN UNDER PROVISIONS OF SECTIONS 204A AND 204B AS RELATED TO ENERGY; AS RELATED TO ENERTY OR SYNTHETIC FUELS RECOVERY FROM WASTE; OR AS RELATED TO ENERGY CONSERVATION SHALL BE ACCOMPLISHED THROUGH COORDINATION AND CONSULTATION WITH THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATON.".

(C) SECTION 204(C) OF SUCH ACT IS AMENDED TO READ AS FOLLOWS:

"(C)(1) IN CARRYING OUT SUBSECTION (A) OF THIS SECTION RESPECTING SOLID WASTE RESEARCH, STUDIES, DEVELOPMENT, AND DEMONSTRATION, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 204C(D), THE ADMINISTRATOR MAY MAKE GRANTS TO OR ENTER INTO CONTRACTS (INCLUDING CONTRACTS FOR CONSTRUCTION) WITH, PUBLIC AGENCIES AND AUTHORITIES OR PRIVATE PERSONS.

"(2) CONTRACTS FOR RESEARCH, DEVELOPMENT, OR DEMONSTRATIONS OR FOR BOTH (INCLUDING CONTRACTS FOR CONSTRUCTION) SHALL BE MADE IN ACCORDANCE WITH AND SUBJECT TO THE LIMITATIONS PROVIDED WITH RESPECT TO RESEARCH CONTRACTS OF THE MILITARY DEPARTMENTS IN TITLE 170, UNITED STATES CODE, SECTION 2353, EXCEPT THAT THE DETERMINATION, APPROVAL, AND CERTIFICATION REQUIRED THEREBY SHALL BE MADE BY THE ADMINISTRATOR.

"(3) ANY INVENTION MADE OR CONCEIVED IN THE COURSE, OF, OR UNDER, ANY CONTRACT UNDER THIS ACT SHALL BE SUBJECT TO SECTION 9 OF THE FEDERAL NONNUCLEAR ENERGY RESEARCH AND DEVEOPMENT ACT OF 1974 TO THE SAME EXTENT AND IN THE SAME MANNER AS INVENTION MADE OR CONCEIVED IN THE COURSE OF CONTRACTS UNDER SUCH ACT, EXCEPT THAT IN APPLYING SUCH SECTION, THE ENVIRONMENTAL PROTECTION AGENCY SHALL BE SUBSTITUTED FOR THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION AND THE WORDS 'SOLID WASTE' SHALL BE SUBSTITUTED FOR THE WORD 'ENERGY' WHERE APPROPRIATE.".

SPECIAL STUDIES, INFORMATION, FULL-SCALE FACILITIES, AND COORDINATING COMMITTEE

SEC. 2005, THE SOLID WASTE DISPOSAL ACT (42 U.S.C. 3251 AND FOLLOWING) IS AMENDED BY INSERTING THE FOLLOWING NEW SECTIONS AFTER SECTION 204:

"SPECIAL STUDIES; PLANS FOR RESEARCH,

DEVELOPMENT, AND DEMONSTRATIONS

"SEC. 204A. (A) THE ADMINISTRATOR SHALL UNDERTAKE A STUDY AND PUBLISH A REPORT ON RESOURCE RECOVERY FROM GLASS AND PLASTIC WASTE, INCLUDING THE TECHNOLOGICAL AND ECONOMIC PROBLEMS ASSOCIATED WITH SUCH RECOVERY.

"(B) THE ADMINISTRATOR SHALL UNDERTAKE A SYSTEMATIC STUDY OF THE COMPOSITION OF THE SOLID WASTE STREAM AND OF ANTICIPATED FUTURE CHANGES IN THE COMPOSITION OF SUCH STREAM AND SHALL PUBLISH A REPORT CONTAINING THE RESULTS OF SUCH STUDY AND QUANTITATIVELY EVALUATING THE POTENTIAL UTILITY OF SUCH COMPONENTS.

"(C) FOR PURPOSES OF DETERMINIGN PRIORITIES FOR RESEARCH ON RECOVERY OF MATERIALS AND ENERGY FROM SOLID WASTE AND DEVELOPING MATERIALS AND ENERGY RECOVERY RESEARCH, DEVELOPMENT, AND DEMONSTRATION STRATEGIES, THE ADMINISTRATOR SHALL REVIEW, AND MAKE A STUDY OF, THE VARIOUS EXISTING AND PROMISING TECHNIQUES OF ENERGY RECOVERY FROM SOLID WASTE (INCLUDING, BUT NOT LIMITED TO, WATERWALL FURNACE INCINERATORS, DRY SHREDDED FUEL SYSTEMS, PYROLYSIS, DENSIFIED REFUSE-DERIVED FUEL SYSTEMS, ANEROBIC DIGESTION, AND FUEL AND FEEDSTOCK PREPARATION SYSTEMS). IN CARRYING OUT SUCH STUDY THE ADMINISTRATOR SHALL INVESTIGATE WITH RESPECT TO EACH SUCH TECHNIQUE:

"(1) THE DEGREE OF PUBLIC NEED FOR THE POTENTIAL RESULTS OF SUCH RECORDS, DEVELOPMENT, OR DEMONSTRATION,

"(2) THE POTENTIAL FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATION WITHOUT FEDERAL ACTION, INCLUDING THE DEGREE OF RESTRAINT ON SUCH POTENTIAL POSED BY THE RISKS INVOLVED, AND

"(3) THE MAGNITUDE OF EFFORT AND PERIOD OF TIME NECESSARY TO DEVELOP THE TECHNOLOGY TO THE POINT WHERE FEDERAL ASSISTANCE CAN BE ENDED.

"(D) THE ADMINISTRATOR SHALL UNDERTAKE A COMPREHENSIVE STUDY AND ANALYSIS OF, AND PUBLISH A REPORT ON, SYSTEMS OF SMALL-SCALE AND LOW TECHNOLOGY SOLID WASTE MANAGEMENT, INCLUDING HOUSEHOLD RESOURCE RECOVERY AND RESOURCE RECOVERY SYSTEMS WHICH HAVE SPECIAL APPLICATION TO MULTIPLE DWELLING UNITS AND HIGH DENSITY HOUSING AND OFFICE COMPLEXES. SUCH STUDY AND ANALYSIS SHALL INCLUDE AN INVESTIGATION OF THE DEGREE TO WHICH SUCH SYSTEMS COULD CONTRIBUTE TO ENERGY CONSERVATION.

"(E) THE ADMINISTRATOR SHALL UNDERTAKE RESEARCH AND STUDIES CONCERNING THE COMPATIBILITY OF FRONT-END SOURCE SEPARATION SYSTEMS WITH HIGH TECHNOLOGY RESOURCE RECOVERY SYSTEMS AND SHALL PUBLISH A REPORT CONTAINING THE RESULTS OF SUCH RESEARCH AND STUDIES.

"(F) THE ADMINISTRATOR SHALL CONDUCT A DETAILED AND COMPREHENSIVE STUDY ON THE ADVERSE EFFECTS OF SOLID WASTES FROM ACTIVE AND ABANDONED SURFACE AND UNDERGROUND MINES ON THE ENVIORNMENT, INCLUDING, BUT NOT LIMITED TO, THE EFFECTS OF SUCH WASTES ON HUMANS, WATER, AIR, HEALTH, WELFARE, AND NATURAL RESOURCES, AND ON THE ADEQUACY OF MEANS AND MEASURES CURRENTLY EMPLOYED BY THE MINING INDUSTRY, GOVERNMENT AGENCIES, AND OTHERS TO DISPOSE OF AND UTILIZE SUCH SOLID WASTES AND TO PREVENT OR SUBSTANTIALLY MITIGATE SUCH ADVERSE EFFECTS. IN FURTHERANCE OF THIS STUDY, THE ADMINISTRATOR SHALL, AS HE DEEMS APPROPRIATE, REVIEW STUDIES AND OTHER ACTIONS OF OTHER FEDERAL AGENCIES CONCERNING SUCH WASTES WITH A VIEW TOWARD AVOIDING DUPLICATION OF EFFORT AND THE NEED TO EXPEDITE SUCH STUDY. THE ADMINISTRATOR SHALL PUBLISH A REPORT OF SUCH STUDY AND SHALL INCLUDE APPROPRIATE FINDINGS AND RECCOMMENDATIONS FOR FEDERAL AND NON-FEDERAL ACTIONS CONCERNING SUCH EFFECTS.

"(G) THE ADMINISTRATOR SHALL UNDERTAKE A COMPREHENSIVE STUDY AND PUBLISH A REPORT ON SLUDGGE. SUCH STUDY SHALL INCLUDE AN ANALYSIS OF:

"(1) WHAT TYPES OF SOLID WASTE (INCLUDING BUT NOT LIMITED TO SEWAGE AND POLLUTION TREATMENT RESIDUES AND OTHER RESIDUES FROM INDUSTRIAL OPERATIONS SUCH AS EXTRACTION OF OIL FROM SHALE LIQUEFACTION AND GASIFICATION OF COAL AND COAL SLURRY PIPELINE OPERATIONS) SHALL BE CLASSIFIED AS SLUDGE:

"(2) THE EFECTS OF AIR AND WATER POLLUTION LEGISLATION ON THE CREATION OF LARGE VOLUMES OF SLUDGE;

"(3) THE AMOUNTS OF SLUDGE ORIGINATING IN EACH STATE AND IN EACH INDUSTRY PRODUCING SLUDGE;

"(4) METHODS OF DISPOSAL OF SUCH SLUDGE, INCLUDING THE COST, EFFICIENCY, AND EFFECTIVENESS OF SUCH METHODS;

"(5) ALTERNATIVE METHODS FOR THE USE OF SLUDGE INCLUDING AGRICULTURAL APPLICATIONS OF SLUDGE AND ENERGY RECOVERY FROM SLUDGE; AND

"(6) METHODS TO RECLAIM AREAS WHICH HAVE BEEN USED FOR THE DISPOSAL OF SLUDGE OR WHICH HAVE BEEN DAMAGED BY SLUDGE.

"(H) THE ADMINISTRATOR SHALL UNDERTAKE A STUDY AND PUBLISH A REPORT RESPECTING DISCARDED MOTOR VEHICLE TIRES WHICH SHALL INCLUDE AN ANALYSIS OF THE PROBLEMS INVOLVED IN THE COLLECTION, RECOVERY OF RESOURCES INCLUDING ENERGY, AND USE OF SUCH TIRES.

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"(I) THE ADMINISTRATOR SHALL CONDUCT RESEARCH AND REPORT ON THE ECONOMICS OF, AND IMPEDIMENTS TO, THE EFFECTIVE FUNCTIONING OF RESOURCE RECOVERY FACILITIES.

"(J) THE ADMINISTRATOR SHALL UNDERTAKE A COMPREHENSIVE STUDY AND ANALYSIS OF AND PUBLISH A REPORT ON THE ENVIRONMENTAL, SOCIAL, AND ECONOMIC EFFECTS, COST-EFFECTIVENESS, AND EFFICIENCY OF WASTE REDUCTION SYSTEMS OR PROPOSALS WHICH MAY, OR COULD BE, VOLUNTARILY IMPLEMENTED BY FEDERAL, STATE, AND LOCAL AUTHORITIES AND THE PRIVATE SECTOR. SUCH STUDY AND ANALYSIS SHALL INCLUDE AN INVESTIGATION OF THE DEGREE TO WHICH SUCH WASTE REDUCTION SYSTEMS OR PROPOSALS COULD RESULT IN ENERGY CONSERVATION.

"(K) THE ADMINISTRATOR SHALL UNDERTAKE A COMPREHENSIVE STUDY AND ANALYSIS OF AND PUBLISH A REPORT ON SYSTEMS TO ALLEVIATE THE HAZARDS TO AVIATION FROM BIRDS CONGREGATING AND FEEDING ON LANDFILLS IN THE VICINITY OF AIRPORTS.

"(L) THE ADMINISTRATOR SHALL COMPLETE THE RESEARCH AND STUDIES, AND SUBMIT THE REPORTS, REQUIRED UNDER SUBSECTIONS (B), (C), (D), (E), (F), (G), AND (K) NOT LATER THAN OCTOBER 1, 1978. THE ADMINISTRATOR SHALL COMPLETE THE RESEARCH AND STUDIES, AND SUBMIT THE REPORTS REQUIRED UNDER 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 AND SUBMIT TO THE INTRA-AGENCY COORDINATING COMMITTEE ESTABLISHED UNDER SECTION 204D A PLAN FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATION RESPECTING THE FINDINGS OF THE STUDY AND SHALL SUBMIT ANY LEGISLATIVE RECOMMENDATIONS RESULTING FROM SUCH STUDY TO APPROPRIATE COMMITTEES OF CONGRESS.

"COORDINATION, COLLECTION AND DISSEMINATION OF INFORMATION

"SEC. 204B. (A) THE ADMINISTRATOR SHALL COLLECT AND COORDINATE INFORMATION ON:

"(1) METHODS AND COSTS OF THE COLLECTION OF SOLID WASTE;

"(2) SOLID WASTE MANAGEMENT PRACTICES, INCLUDING DATA ON THE DIFFERENT MANAGEMENT METHODS AND THE COST, OPERATION, AND MAINTENANCE OF SUCH METHODS;

"(3) THE AMOUNTS AND PERCENTAGES OF RESOURCES (INCLUDING ENERGY) THAT CAN BE RECOVERED FROM SOLID WASTE BY USE OF VARIOUS 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 AND POTENTIALLY HAZARDOUS SOLID WASTES; METHODS OF NEUTRALIZING OR PROPERLY DISPOSING OF HAZARDOUS SOLID WASTES; FACILITIES THAT PROPERLY DISPOSE OF HAZAROUD WASTES;

"(7) METHODS OF FINANCING RESOURCE RECOVERY FACILITIES OR, SANITARY LANDFILLS, OR HAZARDOUS SOLID WASTE TREATMENT FACILITIES, WHICHEVER IS APPROPRIATE FOR THE ENTITY DEVELOPING SUCH FACILITY OR LANDFILL (TAKING INTO ACCOUNT THE AMOUNT OF SOLID WASTE REASONABLE 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)(1) THE ADMINISTRATOR SHALL ESTABLISH AND MAINTAIN A CENTRAL REFERENCE LIBRARY FOR (A) THE MATERIALS COLLECTED PURSUANT TO SUBSECTION (A) OF THIS SECTION AND (B) THE ACTUAL PERFORMANCE AND COST EFFECTIVENESS RECORDS AND OTHER DATA AND INFORMATION WITH RESPECT TO:

"(I) THE VARIOUS METHODS OF ENERGY AND RESOURCE RECOVERY FROM SOLID WASTE,

"(II) THE AVARIOUS SYSTEMS AND TECHNOLOGIES FOR COLLECTION, TRANSPORT, STORAGE, TREATMENT, AND FINAL DISPOSITION OF SOLID WASTE, AND

"(III) OTHER ASPECTS OF SOLID WASTE AND HAZARDOUS SOLID WASTE MANAGEMENT.

SUCH CENTRAL REFERENCE LIBRARY SHALL ALSO CONTAIN, BUT NOT BE LIMITED TO, THE MODEL CODES AND MODEL ACCOUNTING SYSTEMS DEVELOPED UNDER THIS SECTION, THE INFORMATION COLLECTED UNDER SUBSECTION (D), AND, SUBJECT TO ANY APPLICABLE REQUIREMENTS OF CONFIDENTIALITY, INFORMATION RESPECTING ANY ASPECT OF SOLID WASTE PROVIDED BY OFFICERS AND EMPLOYEES OF THE ENVIRONMENTAL PROTECTION AGENCY WHICH HAS BEEN ACQUIRED BY THEM IN THE CONDUCT OF THEIR FUNCTIONS UNDER THIS ACT AND WHICH MAY BE OF VALUE TO FEDERAL, STATE, AND LOCAL AUTHORITIES AND OTHER PERSONS.

"(2) INFORMATION IN THE CENTRAL REFERENCE LIBRARY SHALL, TO THE EXTENT PRACTICABLE, BE COLLATED, ANALYZED, VERIFIED, AND PUBLISHED AND SHALL BE MADE AVAILABLE TO STATE AND LOCAL GOVERNMENTS AND OTHER PERSONS AT REASONABLE TIMES AND SUBJECT TO SUCH REASONABLE CHARGES AS MAY BE NECESSARY TO DEFRAY EXPENSES OF MAKING SUCH INFORMATION AVAILABLE. THE ADMINISTRATOR SHALL ALSO IMPLEMENT A PROGRAM FOR THE RAPID DISSEMINATION OF INFORMATION RELATING TO ALL ASPECTS OF SOLID WASTE AND HAZARDOUS SOLID WASTE MANAGEMENT, INCLUDING THE RESULTS OF ANY RESEARCH, DEVELOPMENT, DEMONSTRATION, INVESTIGATIONS, EXPERIMENTS, SURVEYS OR STUDIES RELATING TO SOLID WASTE OR HAZARDOUS SOLID WASTES THAT ARE UNDERTAKEN BY THE ADMINISTRATOR OR BY OTHER FEDERAL AGENCIES.

"(C) IN ORDER TO ASSIST STATE AND LOCAL GOVERNMENTS IN DETERMINING THE COSTS AND REVENUES ASSOCIATED WITH THE COLLECTION AND DISPOSAL OF SOLID WASTE AND WITH RESOURCE RECOVERY OPERATIONS, THE ADMINISTRATOR SHALL DEVELOP AND PUBLISH A RECOMMENDED MODEL COST AND REVENUE ACCOUNTING SYSTEM APPLICABLE TO THE SOLID WASTE MANAGEMENT FUNCTIONS OF STATE AND LOCAL GOVERNMENTS. SUCH SYSTEM SHALL BE IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. THE ADMINISTRATOR SHALL PERIODICALLY, BUT NOT LESS FREQUENTLY THAN ONCE EVERY FIVE YEARS, REVIEW SUCH ACCOUNTING SYSTEM AND REVISE IT AS NECESSARY.

"(D) THE ADMINISTRATOR IS AUTHORIZED, IN COOPERATION WITH APPROPRIATE STATE AND LOCAL AGENCIES, TO RECOMMEND MODEL CODES, ORDINANCES, AND STATUTES, PROVIDING FOR SOUND SOLID WASTE MANAGEMENT.

"(E) THE ADMINISTRATOR SHALL COLLECT AND MAKE AVAILABLE (THROUGH PUBLIC EDUCATION PROGRAMS, PUBLICATIONS, OR OTHER APPROPRIATE MEANS), INFORMATION CONCERNING THE ACTIVITIES OF THE ENVIRONMENTAL PROTECTION AGENCY PERTAINING TO RESEARCH, DEVELOPMENT, FEASIBILITY, AND OPERATION OF RESOURCE CONSERVATION AND RECOVERY FACILITIES, AND ANY OTHER TECHNICAL, MANAGERIAL, FINANCIAL, OR MARKET ASPECT OF SUCH FACILITIES.

"FULL-SCALE DEMONSTRATION FACILITIES

"SEC. 204C. (A) THE ADMINISTRATOR MAY ENTER INTO CONTRACTS WITH PUBLIC AGENCIES OR AUTHORITIES OR PRIVATE PERSONS FOR THE CONSTRUCTION AND OPERATION OF A FULL-SCALE DEMONSTRATION FACILITY UNDER THIS ACT, OR PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF GRANTS TO A FULL-SCALE DEMONSTRATION FACILITY UNDER THIS ACT ONLY IF THE ADMINISTRATOR FINDS THAT:

"(1) SUCH FACILITY OR PORPOSED FACILITY WILL DEMONSTRATE AT FULL SCALE A NEW OR SIGNIFICANTLY IMPROVED TECHNOLOGY OR PROCESS, A PRACTICAL AND SIGNIFICANT IMPROVEMENT IN DISCARDED MATERIAL MANAGEMENT PRACTICE, OR THE TECHNOLOGICAL FEASIBILITY AND COST EFFECTIVENESS OF AN EXISTING, BUT UNPROVEN TECHNOLOGY, PROCESS, OR PRACTICE, AND WILL NOT DUPLICATE ANY OTHER FEDERAL, STATE, LOCAL, OR COMMERCIAL FACILITY WHICH HAS BEEN CONSTRUCTED OR WITH RESPECT TO WHICH CONSTRUCTION HAS BEEN (DETERMINED AS OF THE DATE ACTION IS TAKEN BY THE ADMINISTRATOR UNDER THIS ACT).

"(2) SUCH CONTRACT OR ASSISTANCE MEETS THE REQUIREMENTS OF SECTION 204 AND MEETS OTHER APPLICABLE REQUIREMENTS OF THIS ACT,

"(3) SUCH FACILITY WILL BE ABLE TO COMPLY WITH THE GUIDELINES PUBLISHED UNDER SECTION 209 AND WITH OTHER LAWS AND REGULATIONS FOR THE PROTECTION OF HEALTH AND THE ENVIRONMENT,

"(4) IN THE CASE OF A CONTRACT FOR CONSTRUCTION OR OPERATION, SUCH FACILITY IS NOT LIKELY TO BE CONSTRUCTED OR OPERATED BY STATE, LOCAL, OR PRIVATE PERSONS OR IN THE CASE OF AN APPLICATION FOR FINANCIAL ASSISTANCE, SUCH FACILITY IS NOT LIKELY TO RECEIVE ADEQUATE FINANCIAL ASSISTANCE FROM OTHER SOURCES, AND

"(5) ANY FEDERAL INTEREST IN, OR ASSISTANCE TO, SUCH FACILITY WILL BE DISPOSED OF OR TERMINATED, WITH APPROPRIATE COMPENSATION, WITHIN SUCH PERIOD OF TIME AS MAY BE NECESSARY TO CARRY OUT THE BASIC OBJECTIVES OF THIS ACT.

"(B) NO OBLIGATION MAY BE MADE BY THE ADMINISTRATOR FOR FINANCIAL ASSISTANCE UNDER THIS ACT 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 DEMONSTRATION FACILITY UNDER THIS ACT MAY BE MADE BY THE ADMINISTRATOR AFTER THE DATE FOURTEEN YEARS AFTER SUCH DATE OF ENACTMENT.

"(C)(1) WHEREVER PRACTICABLE, IN CONSTRUCTING, OPERATING, OR PROVIDING FINANCIAL ASSISTANCE UNDER THIS ACT TO A FULL-SCALE DEMONSTRATION FACILITY, THE ADMINISTRATOR SHALL ENDEAVOR TO ENTER INTO AGREEMENTS AND MAKE OTHER ARRANGEMENTS FOR MAXIMUM PRACTICABLE COST SHARING WITH OTHER FEDERAL, STATE, AND LOCAL AGENCIES, PRIVATE PERSONS, OR ANY COMBINATION THEREOF.

"(2) THE ADMINISTRATOR SHALL ENTER INTO ARRANGEMENTS WHEREVER PRACTICABLE AND DESIRABLE, TO PROVIDE MONITORIN OF FULL-SCALE SOLID WASTE FACILITIES (WHETHER OR NOT CONSTRUCTED OR OPERATED UNDER THIS ACT) FOR PURPOSES OF OBTAINING INFORMATION CONCERNING THE PERFORMANCE, AND OTHER ASPECTS, OF SUCH FACILITIES. WHERE THE ADMINISTRATOR PROVIDES ONLY MONITORING AND EVALUATION INSTRUMENTS OR PERSONNEL (OR BOTH) ON FUNDS FOR SUCH INSTRUENTS OR PERSONNEL AND PROVIDES NO OTHER FINANCIAL ASSISTANCE TO A FACILITY NOTWITHSTANDING SECTION 204(C)(3), TITLE TO ANY INVENTION MADE OR CONCEIVED OF IN THE COURSE OF DEVELOPING, CONSTRUCTING, OR OPERATING SUCH FACILITY SHALL NOT BE REQUIRED TO VEST IN THE UNITED STATES AND PATENTS RESPECTING SUCH INVENTION SHALL NOT BE REQUIRED TO BE ISSUED TO THE UNITED STATES.

"(D) AFTER THE DATE OF ENACTENT OF THIS SECTION, THE ADMINISTRATOR SHALL NOT CONSTRUCT OR OPERATE ANY FULL-SCALE FACILITY (EXCEPT BY CONTRACT WITH PUBLIC AGENCIES OR AUTHORITIES OR PRIVATE PERSONS).

"INTRA-AGENCY COORDINATING COMMITTEE

"SEC. 2U4D. (A) THE ADMINISTRATOR SHALL ESTABLISH AN INTER-AGENCY COORDINATING COMIITTEE (HEREINAFTER IN THIS SECTION REFERRED TO AS THE 'COMMITTEE') TO PROMOTE COORDINATION OF THE RESEARCH GOALS OF THE ENVIRONMENTAL PROTECTION AGENCY WITH REGULATORY FUNCTIONS OF TE AGENCY RESPECTING SOLID WASTE.

"(B) THE COMMITTEE SHALL BE COMPRISED OF NINE MEMBERS INCLUDING THE ADMINISTRATOR WHO SHALL ACT AS CHAIRMAN. EIGHT MEMBERS SALL BE SELECTED BY THE ADMINISTRATOR FROM AMONG OFFICIALS OF THE ENVIRONMENTAL PROTECTION AGENCY RESPONSIBLE FOR THE CONDUCT OF RESCARC, DEVELOPMENT, AND DEMONSTRATION AND FROM AMONG OFFICIALS OF THE AGENCY ENGAGED IN THE REGULATORY AND IMPLEMENTATION PROGRAMS OF THE AGENCY RESPECTING SOLID WASTE. THE UNITED STATES RESOURCE RECOVERY CORPORATION MAY DESIGNATE A REPRESENTATIVE WHO SHALL BE PERMITTED TO ATTEND AND OBSERVE MEETINGS OF THE COMITTEE.

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"(C)(1) THE COMITTEE (A) SHALL STIMULATE THE FLOW OF INFORMATION FROM PERSONNEL ENGAGED IN THE REGULATORY AND IMPLEMENTATION PROGRAS OF THE AGENCY TO PERSONNEL ENGAGED IN THE PLANNING OF RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROGRAMS AND IN THE ESTABLISHMENT OF RESEARCH GOALS AND (0) SHALL RECOMEND AND PROPOSE RESEARCH GOALS AND PLANS. TE COMMITTEE SHALL NOT OVCRSEE THE EXECUTION OF RLSEARC, DEVELOPMENT, AND DEMONSTRATION PROGRAMS, BUT SHALL DETERMINL WHETHER OR NOT APPROPRIATE RESEARCH GOALS ARE EEING SET AND MET IN A TIELY FASHION.

"(2) THE COMMITTEE SHALL ACTIVELY PARTICIPATE IN THE DEVELOPMLNT OF PLANS AND BUDGETS FOR RESEARCH BY TE AGENCY PRIOR TO THE ANNUAL SUBMISSION OF THE AGENCY'S BUDGET TO THE OFFICE OF MANAGEMENT AND BUDGET.

"(3) REPORTS OF THE SPECIAL STUDIES, RESEARC, AND DLMONSTRATION PROVIDED FOR IN SECTION 204, 204A, AND 204C SHALL BE PROVIDED TO THE COMMITTEE WHICH SHALL INCORPORATE THEM INTO RESEARC PLANS PROPOSED 0Y TE COMITTEE AS AY BE APPROPRIATE. THE COMMITTEE SHALL REPORT ON THE ACTIONS, IF ANY, TAKEN BY THE AGENCY PURSUANT TO SUCH STUDIES.

"(4) THE COMMITTEE SHALL ALSO RECEIVE AND INCORPORATE INTO ITS RESEARC PLANS OTHER SIGNIFICANT STUDIES, REPORTS, AND INFORMATION RECOMMENDING RESEARC PROGRAMS RESPECTING SOLID WASTE. WHEN APPROPRIATE IT SHALL REPORT ON THE ACTIONS, IF ANY, TAKEN BY THE AGENCY PURSUANT TO SUCH STUDIES, REPORTS, AND OTHER INFORMATION.

"(5) THE COMMITTEE SHALL MEET AS OFTEN AS NECESSARY, BUT NOT LESS THAN TWICE ANNUALLY AS FOLLOWS:

"(A) AT LEAST ONCE ANNUALLY, DURING THE TIME WHEN THE AGENCY IS FORMULATING ITS ANNUAL BUDGET SUBMISSION FOR THE COMMING FISCAL YEAR, AND

"(B) AT LEAST ONCE ANNUALLY, TO RECOMMEND AND PROPOSE RESEARCH GOALS AND PLANS AND TO REVIEW PROGRESS OF TE ENVIRONMENTAL PROTECTION AGENCY TOWARD MEETING RESEARCH GOALS.

"(6) THE COMMI-TEE SHALL REPORT ANNUALLY TO THE PRESIDENT AND TO CONGRESS. SUCH REPORT SHALL BE INCLUDED, AS A SEPARATE PART, IN A COMPREHENSIVE ANNUAL REPORT SUUMITTED BY THE ADMINISTRATOR TO THE PRESIDENT AND CONGRESS. DISSENTING COMMITTEL MEMBERS MAY REPORT IN AN INDEPENDENT PART OF SUCH COMPREHENSIVE REPORT.

"(D) THE COMMITTEE IS AUTHORIZED AND ENCOURAGED TO SEEK THE VIEWS OF OTHLR AGENCIES IN FORMULATING ITS RECOMMENDATIONS AND PROPOSALS FOR RESEARCH.".

AUTORIZATION OF APPROPRIATIONS

SEC. 2006. SECTION 216 OF TE SOLID WASTE DISPOSAL ACT (42 U.S.C. 3259) IS AMENDED TO READ AS FOLLOWS:

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 216. (A) THERE ARE AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $35,000,00U FOR TE FISCAL YEAR 1978 TO CARRY OUT SECTIONS 204, 2040, 240C, 204D, AND 205 OF THIS ACT.

"(B) THERE ARE AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $10,000,000 FOR THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT SECTION 2U4A OF THIS ACT.".

SUNSHINL REGULATIONS

SEC. 2007. THE SOLID WASTE DISPOSAL ACT (42 U.S.C. 3251) IS AMENDED BY ADDING THE FOLLOWING NEW SECTION AT THE END THEREOF:

"SUNSHINE REGULATIONS

"SEC. 217. (A) EACH OFFICER OR EMPLOYEE OF THE ADMINISTRATOR WHO:

"(1) PERFORS ANY FUNCTION OR DUTY UNDER TIS ACT; AND

"(2) AAS ANY KNOWN FINANCIAL INTEREST IN ANY PERSON WHO APPLIES FOR OR RECEIVES FINANCIAL ASSISTANCE UNDER TIS ACT SHALL, BEGINNING ON FEBRUARY 1, 1977, ANNUALLY FILE WITH THE ADMINISTRATOR A WRITTEN STATEMENT CONCERNING ALL SUCH INTERESTS HELD BY SUCH OFFICER OR EMPLOYEE DUFING THE PRECEDING CALENDAR YEAR. SUCH STATEMENT SHALL BE AVAILABLE TO THE PUBLIC.

"(B) THE ADMINISTRATOR SHALL:

"(1) ACT WITHIN NINETY DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT:

"(A) TO DEFINE THE TERM 'KNOWN FINANCIAL INTERST' FOR PURPOSES OF SUBSECTION (A) OF THIS SECTION; AND

"(B) TO ESTABLISH THE METHODS 8Y WHICH THE REQUIRCMENTS TO FILE WRITTEN STATEMENTS SPECIFIED IN SUBSECTION (A) OF THIS SECTION WILL BE MONITORED AND ENFORCED, INCLUDING APPROPRIATE PROVISION FOR THE FILING OF SUCH OFFICERS AND EMPLOYEES OF SUCH STATEMENTS AND THE REVIEW BY THE ADMINISTRATOR OF SUCH STATEMENTS; AND

"(2) REPORT TO THE CONGRESS ON JUNE 1, 1978, AND OF EACH SUCCEEDING CALENDAR YEAR WITH RESPECT TO SUCH DISCLOSURES AND THE ACTIONS TAKEN IN REGARD THERETO DURING THE PRECEDING CALENDAR YEAR.

"(C) 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 TIIS SECTION.

"(B) ANY OFFICER OR EMPLOYEE WHO IS SUBJECT TO, AND KNOWINGLY VIOLATES, THIS SECTION SHALL BE FINED NOT MORE THAN $2,500 OR IMPRISONED NOT MORE THAN ONE YEAR, OR BOTH.".

MR. ROONEY (DURING THE READING). MR. CHAIRMAN, I ASK UNANIMOUS CONSENT THAT THE COMMITTEE AMENDMENT IN THE NATURE OF A SUBSTITUTE BE CONSIDERED AS READ, PRINTED IN THE RECORD, AND OPEN TO AMENDMENT AT ANY POINT.

THE CHAIRMAN. IS THERE OBJECTION TO THE REQUEST OF THE GENTLEMAN FROM PENNSYLVANIA?

THERE WAS NO OBJECTION.

AMENDMENT IN THE NATURE OF A SUBSTITUTE OFFERED BY MR. ROONEY

MR. ROONEY. MR. CHAIRMAN, I OFFER AN AMENDMENT IN THE NATURE OF A SUBSTITUTE, AND I ASK UNANIMOUS CONSENT THAT THE AMENDMENT IN THE NATURE OF A SU0STITUTE BE CONSIDERED AS READ, PRINTLD IN TE RECORD, AND OPEN TO AMENDMENT AT ANY POINT.

THE CHAIRMAN. IS THERE OBJECTION TO THE RCQUEST OF THE GENTLEMAN FROM PENNSYLVANIA?

THERE WAS NO OBJECTION.

(THE AMENDMENT IN THE NATURE OF A SUBSTITUTE IS AS FOLLOWS:)

AMENDMENT IN THE NATURE OF A SUBSTITUTE OFFERED BY MR. ROONEY: STRIKE OUT ALL AFTLR THE ENACTING CLAUSE AND INSERT IN LIEU THEREOF THE FOLLOWING:

PAGE 94, STRIKE OUT LINE 11 AND ALL THAT FOLLOWS DOWN THROUGH LINE 26 ON PAGE 192 AND INSERT IN LIEU THEROF THL FOLLOWING:

SHORT TITLE

SECTION 1. THIS ACT MAY BE CITED AS 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 FOLLOWING) IS AMENDED TO READ AS FOLLOWS:

"TITLE II - SOLID WASTE DISPOSAL "SUBSTITUTE A - GENERAL PROVISIONS "SHORT TITLE AND TABLE OF CONTENTS

"SEC. 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':

"SUBTITLE A - GENERAL PROVISIONS

"SEC. 10U1. SORT TITLE AND TABLE OF CONTENTS.

"SEC. 1002. CONGRESSIONAL FINDINGS.

"SEC. 1003. OBJECTIVES.

"SEC. 1004. DEFINITIONS.

"SEC. 10U5. GOVERNMENTAL COOPERATION.

"SEC. 1006. APPLICATION OF ACT AND INTEGRATION WITH OTHER ACTS.

"SEC. 1007. FINANCIAL DISCLOSURE.

"SEC. 1U08. SOLID WASTE MANAGEMENT INFORMATION AND GUIDELINES.

"SUBTITLE B - OFFICE OF SOLID WASTE; AUTHORITIES OF THE ADMINISTRATOR

"SEC. 2001. OFFICE OF SOLID WASTE.

"SEC. 2UU2. AUTORITIES OF ADMINISTRATOR.

"SEC. 2003. RESOURCE RECOVERY AND CONSERVATION PANELS.

"SEC. 2004. GRANTS FOR DISCARDED TIRE DISPOSAL.

"SEC. 2005. ANNUAL REPORT.

"SEC. 2006. GENERAL AUTHORIZATION.

"SUBTITLE C - HAZARDOUS WASTE MANAGEMENT.

"SEC. 3001. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE.

"SEC. 3002. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE.

"SEC. 3003. STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE.

"SEC. 3004. STANDARDS APPLICABLE TO OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AD DISPOSAL FACILITIES.

"SEC. 3005. PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE.

"SEC. 3006. AUTHORIZED STATE HAZARDOUS WASTE PERMIT PROGRAMS.

"SEC. 3007. INSPECTIONS.

"SEC. 3U08. FEDERAL ENFORCEMENT.

"SEC. 3009. RETENTION OF STATE AUTORITY.

"SEC. 3010. EFFECTIVE DATE.

"SEC. 3011. AUTHORIZATION OF ASSISTANCE TO STATES.

"SUBTITLE D - STATE OF REGIONAL SOLID WASTE PLANS

"SEC. 40U1. OBJECTIVES OF SUBTITLE.

"SEC. 4002. FEDERAL GUIDELINES FOR PLANS.

"SEC. 4003. MINIMUM REQUIREMENTS FOR APPROVAL OF PLANS.

"SEC. 4004. CRITERIA FOR SANITARY LANDFILLS; SANITARY LANDFILLS REQUIRED FOR ALL DISPOSAL.

"SEC. 4005. UPGRADING OF OPEN DUMPS.

"SEC. 4006. PROCEDURE FOR DEVELOPMENT AND IMPLEMENTATION OF STATE PLAN.

"SEC. 4007. APPROVAL OF STATE PLAN; FEDERAL ASSISTANCE.

"SEC. 4008. FEDERAL ASSISTANCE.

"SEC. 4009. RURAL COMMUNITIES ASSISTANCE.

"SUBTITLE E - DUTIES OF THE SECRETARY OF COMMERCE IN RESOURCE CONSERVATION AND RECOVERY

"SEC. 5001. FUNCTIONS.

"SEC. 5002. DEVELOPMENT OF SPECIFICATIONS FOR SECONDARY MATERIALS.

"SEC. 5003. DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS.

"SEC. 5004. TECHNOLOGY PROMOTION.

"SUBTITLE F - FEDERAL RESPONSIBILITIES

"SEC. 6U01. APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO FEDERAL FACILITIES.

"SLC. 6002. FEDERAL PROCUREMENT.

"SEC. 6003. COOPERATION WITH ENVIRONMENTAL PROTECTION AGENCY.

"SEC. 6004. APPLICABILITY OF SOLID WASTE DISPOSAL GUIDELINES TO EXECUTIVE AGENCIES.

"SUBTITLE G - MISCELLANEOUS PROVISIONS

"SEC. 7001. EMPLOYEE PROTECTION.

"SEC. 7002. CITIZEN SUITS.

"SEC. 7003. IMMINENT HAZARD.

"SEC. 7004. PETITION FOR REGULATION; PUBLIC PARTICIPATION.

"SEC. 7005. SEPARABILITY.

"SEC. 7006. JUDICIAL REVIEW.

"SEC. 7007. GRANTS OR CONTRACTS FOR TRAINING PROJECTS.

"SEC. 7008. PAYMENTS.

"SEC. 7009. LABOR STANDARDS.

"SUBTITLE H - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND INFORMATION

"SEC. 8001. RESEARCH, DEOMONSTRATIONS, TRAINING, AND OTHER ACTIVITIES.

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"SEC. 8002. SPECIAL STUDIES; PLANS FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS.

"SEC. 8003. COORDINATION, COLLECTION, AND DISSEMINATION OF INFORMATION.

"SEC. 8004. FULL-SCALE DEMONSTRATION FACILITIES.

"SEC. 8005. SPECIAL STUDY AND DEOMONSTRATION PROJECTS ON RECOVERY OF USEFUL ENERGY AND MATERIALS.

"SEC. 8006. GRANTS FOR RESOURCE RECOVERY SYSTEMS AND IMPROVED SOLID WASTE DISPOSAL FACILITIES.

"SEC. 8007. AUTHORIZATION OF APPROPRIATIONS.

"CONGRESSIONAL FINDINGS

"SEC. 1002. (A) SOLID WASTE. - THE CONGRESS FINDS WITH RESPECT TO SOLID WASTE:

"(1) THAT THE CONTINUING TECHNOLOGICAL PROGRESS AND IMPROVEMENT IN METHODS OF MANUFACTURE, PACKAGING, AND MARKETING OF CONSUMER PRODUCTS HAS RESULTED IN AN EVERMOUNTING INCREASE, AND IN A CHANGE IN THE CHARACTERISTICS, OF THE MASS OF MATERIAL DISCARDED BY THE PURCHASER OF SUCH PRODUCTS;

"(2) THAT THE ECONOMIC AND POPULATION GROWTH OF OUR NATION, AND THE IMPROVEENTS IN THE STANDARD OF LIVING ENJOYED BY OUR POPULATION, HAVE REQUIRED INCREASED INDUSTRIAL PRODUCTION TO MEET OUR NEEDS, AND HAVE MADE NECESSARY THE DEOLITION OF OLD BUILDINGS, THE CONSTRUCTION OF NEW BUILDINGS, AND THE PROVISION OF HIGHWAYS AND OTHER AVENUES OF TRANSPORTATION, WHICH, TOGETHER WIT RELATED INDUSTRIAL, COMMERCIAL, AND AGRICULTURAL OPERATIONS, HAVE RESULTED IN A RISING TIDE OF SCRAP, DISCARDED, AND WASTE MATERIALS;

"(3) THAT THE CONTINUING CONCENTRATION OF OUR POPULATION IN EXPANDING METROPOLITAN AND OTHER URBAN AREAS HAS PRESENTED THESE COMMUNITIES WITH SERIOUS FINANCIAL, MANAGEMENT, INTERGOVERNMENTAL, AND TECHNICAL PROBLEMS IN THE DISPOSAL OF SOLID WASTES RESULTING FROM THE INDUSTRIAL, COMMERCIAL, DOMESTIC, AND OTHER ACTIVITIES CARRIED ON IN SUCH AREAS;

"(4) THAT WHILE THE COLLECTION AND DISPOSAL OF SOLID WASTES SHOUDL CONTINUL 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 ASSISTANCE AND LEADERSHIP IN THE DEVELOPMENT, DEMONSTRATION, AND APPLICATION OF NEW AND IMPROVED METHODS AND PROCESSLS TO REDUCE THE AMOUNT OF WASTE AND UNSALVAGEABLE MATERIALS AND TO PROVIDE FOR PROPER AND ECONOMICAL SOLID-WASTE DISPOSAL PRACTICES.

"(B) ENVIRONMENT AND HEALTH. - TE CONGRESS FINDS WITH RESPECT TO THE ENVIRONMENT AND HEALTH, THAT:

"(1) ALTHOUGH LAND IS TOO VALUABLE A NATIONAL RESOURCE TO BE NEEDLESSLY POLLUTED BY DISCARDED MATERIALS, MOST SOLID WASTE IS DISPOSED OF ON LAND IN OPEN DUMPS AND SANITARY LANDVILLS;

"(2) DISPOSAL OF SOLID WASTE AND HAZARDOUS WASTE IN OR ON THE LAND WITHOUT CAREFUL PLANNING AND MANAGEMENT CAN PRESENT A DANGER TO HUMAN HEALTH AND THE ENVIRONMENT;

"(3) AS A RESULT OF THE CLEAN AIR ACT, THE WATER POLLUTION CONTROL ACT, AND OTHER FEDERAL AND STATE LAWS RESPECTING PUBLIC HEALTH AND THE ENVIRONENT, GREATER AMOUNTS OF SOLID WASTE (IN THE FORM OF SLUDGE AND OTHER POLLUTIN TREATMENT RESIDUES) HAVE BEEN CREATED. SIMILARLY, INADEQUATE AND ENVIRONMENTALLY UNSOUND PRACTICES FOR THE DISPOSAL OR USE OF SOLID WASTE HAVE CREATED GREATER AMOUNTS OF AIR AND WATER POLLUTION AND OTHER PROBLEMS FOR THE ENVIRONMENT AND FOR HEALTH;

"(4) OPEN DUMPING IS PARTICULARLY HARMFUL TO HEALTH, CONTAMINATES DRINKING WATER FROM UNDERGROUND AND SURFACE SUPPLIES, AND POLLUTES THE AIR AND THE LAND;

"(5) HAZARDOUS WASTE PRESENTS IN ADDITION TO THE PROBLEMS ASSOCIATED WITH NON-HAZARDOUS SOLID WASTE, SPECIAL DANGERS TO HEALTH AND REQUIRES A GREATER DEGREE OF REGULATION THAN DOES NONHAZARDOUS SOLID WASTE, AND

"(6) ALTERNATIVES TO EXISTING METHODS OF LAND DISPOSAL MUST BE DEVELOPED SINCE MANY OF THE CITIES IN THE UNITED STATES WILL BE RUNNING OUT OF SUITABLE SOLID WASTE DISPOSAL SITES WITHIN FIVE YEARS UNLESS IMMEDIATE ACTION IS TAKEN;

"(C) MATERIALS. - THE CONGRESS FINDS WITH RESPECT TO MATERIALS, THAT:

"(1) MILLIONS OF TONS OF RECOVERABLE MATERIAL WHICH COULD BE USED ARE NEEDLESSLY BURIED EACH YEAR;

"(2) METHODS ARE AVAILABLE TO SEPARATE USABLE MATERIALS FROM SOLID WASTE; AND

"(3) THE RECOVERY AND CONSERVATION OF SUCH MATERIALS CAN REDUCE THE DEPENDENCE OF TE UNITED STATES ON FOREIGN RESOURCES AND REDUCE THE DEFICIT IN ITS BALANCE OF PAYMLNTS.

"(D) ENERGY. - THE CONGRESS FINDS WITH RESPECT TO ENERGY, THAT;

"(1) SOLID WASTE REPRESENTS A POTENTIAL SOURCE OF SOLID FUEL, OIL, OR GAS THAT CAN BE CONVERTED INTO ENERGY;

"(2) THE NEED EXISTS TO DEVELOP ALTERNATIVE ENERGY SOURCES FOR PUBLIC AND PRIVATE CONSUMPTION IN ORDER TO REDUCE OUR DEPENDENCE ON SUCH SOURCES AS PETROLEUM PRODUCTS, NATURAL GAS, NUCLEAR AND HYDROELECTRIC GENERATION; AND

"(3) TECHNOLOGY EXISTS TO PRODUCE USABLE ENERGY FROM SOLID WASTE.

"OBJECTIVES

"SEC. 1U03. TE OBJECTIVES OF THIS ACT ARE TO PROMOTE THE PROTECTION OF HEALTH AND THE ENVIRONMENT AND TO CONSERVE VALUABLE MATERIAL AND ENERGY RESOURCES BY;

"(1) PROVIDING TECHNICAL AND FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS AND INTERSTATE AGENCIES FOR THE DEVELOPMENT OF SOLID WASTE MANAGEMENT PLANS (INCLUDING RESOURCE RECOVERY AND RESOURCE CONSERVATION SYSTEMS) WHICH WILL PROMOTE IMPROVED SOLID WASTE MANAGEMENT TECHNIQUES (INCLUDING MORE EFFECTIVE ORGANIZATIONAL ARRANGEMENTS), NEW AND IMPROVED METHODS OF COLLECTION, SEPARATION, AND RECOVERY OF SOLID WASTE, AND THE ENVIRONMENTALLY SAFE DISPOSAL OF NONRECOVERABLE RESIDUES;

"(2) PROVIDING TRAINING GRANTS IN OCCUPATIONS INVOLVING THE DESIGN, OPERATION, AND MAINTENANCE OF SOLID WASTE DISPOSAL SYSTEMS;

"(3) PROHIBITING FUTURE OPEN DUMPING ON THE LAND AND REQUIRING THE CONVERSION OF EXISTING OPEN DUMPS TO FACILITIES WHICH DO NOT POSE A DANGER TO THE ENVIRONMENT OR TO HEALTH;

"(4) REGULATING THE TREATMENT, STORAGE, TRANSPORTATION, AND DISPOSAL OF HAZARDOUS WASTES WHICH HAVE ADVERSE EFFECTS ON HEALTH AND THE ENVIRONENT;

"(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 PROGRA FOR IMPROVED SOLID WASTE MANAGEMENT AND RESOURCE CONSERVATION TECHNIQUES, MORE EFFECTIVE ORGANIZATIONAL ARRANGEMENTS, AND NEW AND IMPROVED METHODS OF COLLECTION, SEPARATION, AND RECOVERY, AND RECYCLING OF SOLID WASTES AND ENVIRONMENTALLY SAFE DISPOSAL OF NONRECOVERA0LE RESIDUES;

"(7) PROMOTING THE DEMONSTRATION, CONSTRUCTION, AND APPLICATION OF SOLID WASTE MANAGEMENT, RESOURCE RECOVERY, AND RESOURCE CONSERVATION SYSTEMS WICH PRESERVE AND ENHANCE THE QUALITY OF AIR, WATER, AND LAND RESOURCES; AND

"(8) ESTA0LISHING A COOPERATIVE EFFORT AMONG THE FEDERAL, STATE, AND LOCAL GOVERNMENTS AND PRIVATE ENTERPRISE IN ORDER TO RECOVER VALUABLE MATERIALS AND ENERGY FROM SOLID WASTE.

"DEFINITIONS

"SEC. 1004. AS USED IN THIS ACT:

"(1) THE TERM 'ADMINISTRATOR' MEANS THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY.

"(2) THE TERM 'CONSTRUCTION,' WITH RESPECT TO ANY PROJECT OF CONSTRUCTION UNDER THIS ACT, MEANS (A) THE ERECTION OR BUILDING OF NEW STRUCTURES AND ACQUISITION OF LANDS OR INTERESTS THEREIN, OR TE ACQUISITION, REPLACEMENT, EXPANSION, REMODELING, ALTERATION, MODERNIZATION, OR EXTENSION OF EXISTING STRUCTURES, AND (B) THE ACQUISITION AND INSTALLATION 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 OTER MOTOR VEHICLES, AND TRACTORS, CRANES, AND OTHER MACHINERY) NECESSARY FOR THE PROPER UTILIZATION AND OPERATION OF THE FACILITY AFTER COMPLETION OF THE PROJECT; AND INCLUDES PRELIMINARY PLANNING TO DETERMINE 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 NECESSARY FOR THE CARRYING OUT OF THE PROJECT, AND (C) THE INSPECTION AND SUPERVISION OF THE PROCESS OF CARRYING OUT THE PROJECT TO COMPLETION.

"(2A) THE TERM 'DEMONSTRATION' MEANS THE INITIAL EXHIBITION OF A NEW TECHNOLOGY PROCESS OR PRACTICE OR A SIGNIFICANTLY NEW COMBINATION OR USE OF TECHNOLOGIES, PROCESSES OR PRACTICES, SUBSEQUENT TO THE DEVELOPMENT 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 ITO OR ON ANY LAND OR WATER SO THAT SUCH SOLID WASTE OR HAZARDOUS WASTE OR ANY CONSTITUENT THEREOF MAY ENTER THE ENVIRONMENT OR BE EMITTED INTO THE AIR OR DISCHARGED INTO ANY WATERS, INCLUDING GROUND WATERS.

"(4) THE TERM 'FEDERAL AGENCY' MEANS ANY DEPARTMENT, AGENCY, OR OTHER INSTRUMENTALITY OF THE FEDERAL GOVERNMENT, ANY INDEPENDENT AGENCY OR ESTABLISHMENT OF THE FEDERAL GOVERNMENT INCLUDING ANY GOVERNMENT CORPORATION, AND THE GOVERNMENT PRINTING OFFICE.

"(5) THE TERM 'HAZARDOUS WASTE' MEANS A SOLID WASTE, OR COMBINATION OF SOLID WASTES, WHICH BECAUSE OF ITS QUANTITY, CONCENTRATION, OR PHYSICAL, CHEMICAL, OR INFECTIOUS CHARACTERISTICS MAY:

"(A) CAUSE, OR SIGNIFICANTLY CONTRIBUTE TO AN INCREASE IN MORTALITY OR AN INCREASE IN SERIOUS IRREVERSIBLE, OR INCAPACITATING REVERSIBLE, ILLNESS; OR

"(B) POSE A SUBSTANTIAL PRESENT OR POTENTIAL HAZARD TO HUMAN HEALTH OR THE ENVIRONMENT WHEN IMPROPERLY TREATED, STORED, TRANSPORTED, OR DISPOSED OF, OR OTHERWISE MANAGED.

"(6) THE TERM 'HAZARDOUS WASTE GENERATION' MEANS THE ACT OF 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.

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"(9) THE TERM 'INTERMUNICIPAL AGENCY' MEANS AN AGENCY ESTABLISHED BY TWO OR MORE MUNICIPALITIES WIT 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 ASSURE THE VIABILITY OF A RESOURCE RECOVERY FACILITY (TO THE EXTENT THAT SUCH VIABILITY DEPENDS UPON SOLID WASTE SUPPLY).

"(12) TE TERM 'MANIFEST' MEANS THE FORM USED FOR IDENTIFYING THE QUANTITY, COMPOSITION, AND THE ORIGIN, ROUTING, AND DESTINATION OF HAZARDOUS WASTE DURING ITS TRANSPORATION FORM THE POINT OF GENERATION TO THE POINT 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 OF SOLID WASTE MANAGEMENT, OR AN INDIAN TRIBE OR AUTHORIZED TRIBAL ORGANIZATION OR ALAKSA NATIVE VILLAGE OR ORGANIZATION, AND (B) INCLUDES ANY RURAL COMMUNITY OR UNINCORPORATED TOWN OR VILLAGE OR ANY OTHER PUBLIC ENTITY FOR WICH 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 4U04.

"(15) THE TERM 'PERSON' MEANS AN INDIVIDUAL, TRUST, FIRM, JOINT STOCK COMPANY, CORPORATION (INCLUDING A GOVERNMENT CORPORATION), PARTNERSHIP, ASSOCIATION, STATE, MUNICIPALITY, COMMISSION, POLITICAL SUBDIVISION 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 PERSONAL PROPERTY WHICH IS THE SUBJECT OF ANY PURCHASE, BARTER, OR OTHER EXCHANGE MADE TO PROCURE SUCH ITEM.

"(17) 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 PERSON CONTRACTING WITH ONLY 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 WHIC HAS BEEN COLLECTED OR RECOVERED FROM SOLID WASTE.

"(20) THE TERM 'RECOVERED RESOURCES' MEANS MATERIAL OR ENERGY RECOVERED FROM SOLID WASTE.

"(21) THE TERM 'RESOURCE 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 MATERIAL OR ENERGY FROM SOLID WASTE.

"(23) THE TERM 'RESOURCE RECOVERY SYSTEM' MEANS A SOLID WASTE MANAGEMENT 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 FACILITY AT WHICH SOLID WASTE IS PROCESSED FOR THE PURPOSE OF EXTRACTING, CONVERTING TO ENERGY, OR OTHERWISE SEPARATING AND PREPARING SOLID WASTE FOR REUSE.

"(25) THE TERM 'REGIONAL AUTORITY' MEANS THE AUTHORITY ESTABLISHED OR DESIGNATED UNDER SECTION 4006.

"(26) THE TERM 'SANITARY LANDFILL' MEANS A 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 WASTE-WATER TREATMENT PLANT, WATLR SUPPLY TREATMENT PLANT, OR AIR POLLUTION CONTROL FACILITY OR ANY OTHER SUCH WASTE HAVING SIMILAR CHARACTERISTICS AND EFFECTS.

"(27) THE TERM 'SOLID WASTE' MEANS ANY GARBAGE, REFUSE, SLUDGE FROM A WASTE TREATMENT PLANT, WATER SUPPLY TREATMENT PLANT, OR AIR POLLUTION CONTROL FACILITY AND OTHER DISCARDED MATERIAL, INCLUDING SOLID, LIQUID, SEMISOLID, OR CONTAINED GASEOUS MATERIAL RESULTING FROM INDUSTRIAL, COMMERCIAL, MINING, AND AGRICULTURAL OPERATIONS, AND 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 TE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED (86 STAT. 880), OR SOURCE, SPECIAL NUCLEAR, OR BYPRODUCT MATERIAL AS DEFINED BY THE 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, PROGRAM, 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 STATES, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AMERICAN SAMOA, AND THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

"(32) THE TERMS 'STATE AUTHORITY' MEANS THE AGENCY ESTABLISHED OR DESIGNATED UNDER SECTION 4007.

"(33) THE TERM 'STORAGE', WHEN USED IN CONNECTION WITH HAZARDOUS WASTE, MEANS THE CONTAINMENT OF HAZARDOUS WASTE, EITHER ON A TEMPORARY BASIS OR FOR A PERIOD OF YEARS, IN SUCH A MANNER AS NOT TO CONSTITUTE DISPOSAL OF SUCH HAZARDOUS WASTE.

"(34) THE TERM 'TREATMENT', WHEN USED IN CONNECTION WITH HAZARDOUS WASTE, MEANS ANY METHOD, TECHNIQUE, OR PROCESS, INCLUDING NEUTRALIZATION, 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, AMENNABLE FOR RECOVERY, AMENNABLE FOR STORAGE, OR REDUCED IN VOLUME. SUCH TERM INCLUDES ANY ACTIVITY OR PROCESSING DESIGNED TO CHANGE THE PHYSICAL FORM OR CHEMICAL COMPOSITION OF HAZARDOUS WASTE SO AS TO RENDER IS 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.

"GOVERNMENTAL COOPERATION

"SEC. 1005. (A) INTERSTATE COOPERATION. - THE PROVISIONS OF THIS ACT TO BE CARRIED OUT BY STATES MAY BE CARRIED OUT BY INTERSTATE AGENCIES AND PROVISIONS APPLICABLE TO STATES MAY APPLY TO INTERSTATE REGIONS WHERE SUCH AGENCIES AND REGIONS HAVE BEEN ESTABLISHED BY THE RESPECTIVE STATES AND APPROVED BY THE ADMINISTRATOR. IN ANY SUCH CASE, ACTION REQUIRED TO BE TAKEN BY THE GOVERNOR OF A STATE, RESPECTING REGIONAL DESIGNATION SHALL BE REQUIRED TO BE TAKEN BY THE GOVERNOR OF EACH OF THE RESPECTIVE STATES WITH RESPECT TO SO MUCH OF THE INTERSTATE REGION AS IS WITHIN THE JURISDICTION OF THAT STATE.

"(B) CONSENT OF CONGRESS TO COMPACTS. - THE CONSENT OF THE CONGRESS IS HEREBY GIVEN TO TWO OR MORE STATES TO NEGOTIATE AND ENTER INTO AGREEMENTS OR COMPACTS, NOT IN CONFLICT WITH ANY LAW OR TREATY OF THE UNITED STATES, FOR;

"(1) COOPERATIVE EFFORT AND MUTUAL ASSISTANCE FOR THE MANAGEMENT OF SOLID WASTE OR HAZARDOUS WASTE (OR BOTH) AND THE ENFORCEMENT OF THEIR RESPECTIVE LAWS RELATING THERETO, AND

"(2) THE ESTABLISHMENT OF SUCH AGENCIES, JOINT OR OTHERWISE, AS THEY MAY DEEM DESIRABLE FOR MAKING EFFECTIVE SUCH AGREEMENTS OR COMPACTS.

NO SUCH AGREEMENT OR COMPACT SHALL BE BINDING OR OBLIGATORY UPON ANY STATE A PARTY THERETO UNLESS IT IS AGREED UPON BY ALL PARTIES TO THE AGREEMENT AND UNTIL IT HAS BEEN APPROVED BY THE ADMINISTRATOR AND THE CONGRESS.

"APPLICATION OF ACT AND INTEGRATION WITH OTHER ACTS

"SEC. 1006. (A) APPLICATION OF ACT. - NOTHING IN THIS ACT SHALL BE CONSTRUED TO APPLY TO (OR TO AUTHORIZE ANY STATE, INTERSTATE, OR LOCAL AUTHORITY TO REGULATE) ANY ACTIVITY OR SUBSTANCE WHICH IS SUBJECT TO THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1151 AND FOLLOWING), THE SAFE DRINKING WATER ACT (42 U.S.C. 300F AND FOLLOWING), THE 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 ACTS.

"(B) INTEGRATION WITH OTHER ACTS. - THE ADMINISTRATOR SHALL INTEGRATE ALL PROVISIONS OF THIS ACT FOR PURPOSES OF ADMINISTRATION AND ENFORCEMENT AND SHALL AVOID DUPLICATION, TO THE MAXIMUM EXTENT PRACTICABLE, 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 U.S.C. 1401 AND FOLLOWING), AND SUCH OTHER ACTS OF CONGRESS AS GRANT REGULATORY AUTHORITY TO THE ADMINISTRATOR. SUCH INTEGRATION SHALL BE EFFECTED ONLY TO THE EXTENT 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.

"FINANCIAL DISCLOSURE

"SEC. 1007. (A) EACH OFFICER OR EMPLOYEE OF THE ADMINISTRATOR WHO:

"(1) PERFORMS ANY FUNCTION OR DUTY UNDER THIS ACT; AND

"(2) HAS ANY KNOWN FINANCIAL INTEREST IN ANY PERSON WHO APPLIES FOR OR RECEIVES FINANCIAL ASSISTANCE UNDER THIS ACT SHALL, BEGINNING ON FEBRUARY 1, 1977, ANNUALLY FILE WITH THE ADMINISTRATOR 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) 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 PURPOSES 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; AND:

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"(2) REPORT TO THE CONGRESS ON JUNE 1, 1978, AND OF EACH SUCCEEDING CALENDAR YEAR WITH RESPECT TO SUCH DISCLOSURES AND THE ACTIONS TAKEN IN REGARD THERETO DURING THE PRECEDING CALENDAR YEAR.

"(C) 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) ANY OFFICER OR EMPLOYEE WHO IS SUBJECT TO, AND KNOWINGLY VIOLATES, THIS SECTION SHALL BE FINED NOT MORE THAN 2,500 DOLLARS 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) PROTECTION OF PUBLIC HEALTH AND WELFARE; (B) PROTECTION OF THE QUALITY OF GROUND WATERS AND SURFACE WATERS FROM LEACHATES; (C) PROTECTION OF THE QUALITY OF SURFACE WATERS FROM RUNOFF THROUGH COMPLIANCE WITH EFFLUENT LIMITATIONS UNDER THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED; (D) PROTECTION OF AMBIENT AIR QUALITY THROUGH COMPLIANCE WITH NEW SOURCE PERFORMANCE STANDARDS OR REQUIREMENTS OF AIR QUALITY IMPLEMENTATION PLANS UNDER THE CLEAN AIR ACT, AS AMENDED; (E) DISEASE AND VECTOR CONTROL; (F) SAFETY; AND (G) ESTHETICS; AND

"(3) PROVIDE MINIMUM CRITERIA TO BE USED BY THE STATES TO DEFINE THOSE SOLID WASTE MANAGEMENT PRACTICES WHICH CONSTITUTE THE OPEN DUMPING OF SOLID WASTE OR HAZARDOUS WASTE AND ARE TO BE PROHIBITED UNDER TITLE IV OF THIS ACT. WHERE APPROPRIATE, SUCH SUGGESTED GUIDELINES ALSO SHALL INCLUDE MINIMUM 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, DEMOGRAPHIC, AND CLIMATIC FACTORS.

"(B) NOTICE. -- THE ADMINISTRATOR SHALL NOTIFY THE COMMITTEE ON PUBLIC WORKS OF THE SENATE AND THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE OF REPRESENTATIVES A 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 OF SOLID WASTE

"SEC. 2001. THE ADMINISTRATOR SHALL ESTABLISH WITHIN THE ENVIRONMENTAL PROTECTION AGENCY AN OFFICE OF SOLID WASTE (HEREINAFTER REFERRED TO AS THE 'OFFICE') TO BE HEADED BY A DEPUTY ASSISTANT ADMINISTRATOR OF 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 ADMINISTRATOR IS AUTHORIZED TO

"(1) PRESCRIBE, IN CONSULTATION WITH FEDERAL, STATE, AND REGIONAL AUTHORITIES, SUCH REGULATIONS AS ARE NECESSARY TO CARRY OUT HIS FUNCTIONS UNDER THIS ACT;

"(2) CONSULT WITH OR EXCHANGE INFORMATION WITH OTHER FEDERAL AGENCIES UNDERTAKING RESEARCH, DEVELOPMENT, DEMONSTRATION PROJECTS, 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, AGRICULTURE, LABOR, EVNIRONMENTAL 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 REIMBURSABLE BASIS, TO PERFORM RESEARCH AND ANALYSIS 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 OF REGULATIONS. -- EACH REGULATION PROMULGATED UNDER THIS ACT SHALL BE REVIEWED AND, WHERE NECESSARY, REVISED NOT LESS FREQUENTLY THAN EVERY THREE YEARS.

"RESOURCE RECOVERY AND CONSERVATION PANELS

"SEC. 2003. THE ADMINISTRATOR SHALL PROVIDE TEAMS OF PERSONNEL, INCLUDING FEDERAL, STATE, AND LOCAL EMPLOYEES OR CONTRACTORS (HEREINAFTER REFERRED TO AS RESOURCE CONSERVATION AND RECOVERY PANELS') TO PROVIDE STATES AND LOCAL GOVERNMENTS UPON REQUEST WITH TECHNICAL ASSISTANCE ON SOLID WASTE MANAGEMENT, RESOURCE RECOVERY, AND RESOURCE CONSERVATION. SUCH TEAMS SHALL INCLUDE TECHNICAL, MARKETING, FINANCIAL, AND INSTITUTIONAL SPECIALISTS, AND THE SERVICES OF SUCH TEAMS SHALL BE PROVIDED WITHOUT CHARGE TO STATES OR LOCAL GOVERNMENTS.

"GRANTS FOR DISCARDED TIRE DISPOSAL

"SEC. 2004 (A) GRANTS. -- THE ADMINISTRATOR SHALL MAKE AVAILABLE GRANTS EQUAL TO 5 PERCENT OF THE PURCHASE PRICE OF TIRE SHREDDERS (INCLUDING PORTABLE SHREDDERS ATTACHED TO TIRE COLLECTION TRUCKS) TO THOSE ELIGIBLE APPLICANTS BEST MEETING CRITERIA PROMULGATED UNDER THIS SECTION. AN ELIGIBLE APPLICANT MAY BE ANY PRIVATE PURCHASER, PUBLIC BODY, OR PUBLIC-PRIVATE JOINT VENTURE. CRITERIA FOR RECEIVING GRANTS SHALL BE PROMULGATED UNDER THIS SECTION AND SHALL INCLUDE THE POLICY TO OFFER ANY PRIVATE PURCHASER THE FIRST OPTION TO RECEIVE A GRANT, THE POLICY TO DEVELOP WIDESPREAD GEOGRAPHIC DISTRIBUTION OF THE SHREDDING FACILITIES, THE NEED FOR SUCH FACILITIES WITHIN A GEOGRAPHIC AREA, AND THE PROJECTED RISK AND VIABILITY OF ANY SUCH VENTURE. IN THE CASE OF AN APPLICATION UNDER THIS SECTION FROM A PUBLIC BODY, THE ADMINISTRATOR SHALL FIRST MAKE A DETERINATION THAT THERE ARE NO PRIVATE PURCHASERS INTERESTED IN MAKING AN APPLICATION BEFORE APPROVING A GRANT TO A PUBLIC BODY.

"(B) AUTHORIZATION. -- THERE IS AUTHORIZED TO BE APPROPRIATED 750,000 DOLLARS FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS SECTION.

"ANNUAL REPORT

"SEC. 2006. 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 ON ALL ACTIVITIES OF THE OFFICE DURING THE PRECEDING FISCAL YEAR. EACH SUCH REPORT SHALL INCLUDE

(1) A STATEMENT OF SPECIFIC AND DETAILED OBJECTIVES FOR THE ACTIVITIES 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 PURPOSE OF THIS ACT, MEASURED THROUGH THE END OF SUCH FISCAL YEAR;

"(3) A SUMMARY OF OUTSTANDING SOLID WASTE PROBLEMS CONFRONTING THE ADMINISTRATOR, IN ORDER OF PRIORITY;

"(4) RECOMMENDATIONS WITH RESPECT TO SUCH LEGISLATION OF WHICH THE ADMINISTRATOR DEEMS NECESSARY OR DESIRABLE TO ASSIST IN SOLVING PROBLEMS RESPECTING SOLID WASTE;

"(5) ALL OTHER INFORMATION REQUIRED TO BE SUBMITTED TO THE CONGRESS PRUSUANT TO ANY OTHER PROVISION OF THIS ACT; AND

"(6) THE ADMINISTRATOR'S PLANS FOR ACTIVITIES AND PROGRAMS RESPECTING SOLID WASTE DURING THE NEXT FISCAL YEAR.

"GENERAL AUTHORIZATION

"SEC. 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 DOLLARS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1977, 38,000,000 DOLLARS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, AND 42,000,000 DOLLARS 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).

"(C) HAZARDOUS WASTE. -- NOT LESS 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) AND OTHER THAN SECTION 3011.

"SUBTITLE C -- HAZARDOUS WASTE MANAGEMENT "IDENTIFICATION AND LISTING OF HAZARDS WASTE

"SEC. 3001. (A) CRITERIA FOR IDENTIFICATION OR LISTING. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF THE ENACTMENT OF THIS ACT, THE ADMINISTRATOR SHALL, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES, DEVELOP AND PROMULGATE CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE, AND FOR LISTING HAZARDOUS WASTE, WHICH SHOULD BE SUBJECT TO THE PROVISIONS OF THIS SUBTITLE, TAKING INTO ACCOUNT TOXICITY, PERSISTENCE, AND DEGRADABILITY IN NATURE, POTENTIAL FOR ACCUMULATION IN TISSUE, AND OTHER RELATED FACTORS SUCH AS FLAMMABILITY, CORROSIVENESS, AND OTHER HAZARDOUS CHARCTERISTICS. SUCH CRITERIA SHALL BE REVISED FROM TIME TO TIME AS MAY BE APPROPRIATE.

"(B) IDENTIFICATION AND LISTING. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, AND AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE, AND LISTING PARTICULAR HAZARDOUS WASTES (WITHIN THE MEANING OF SECTION 1004(4)), WHICH SHALL BE SUBJECT TO THE PROVISIONS OF THIS SUBTITLE. SUCH REGULATIONS 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 SUCH NOTICE TO THE GOVERNOR HE SHALL INCLUDE A STATEMENT CONCERNING SUCH CONSIDERATION.

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"STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

"SEC. 3002. NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF THE ENACTMENT OF THIS SECTION, AND AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARINGS AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES, THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS ESTABLISHING SUCH STANDARDS, APPLICABLE TO GENERATORS OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITLE, AS MAY BE NECESSARY TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT. SUCH STANDARDS SHALL ESTABLISH REQUIREMENTS RESPECTING

"(1) RECORDKEEPING PRACTICES THAT ACCURATELY IDENTIFY THE QUANTITIES OF SUCH HAZARDOUS WASTE GENERATED, THE CONSTITUENTS THEREOF WHICH 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 COMPOSITION OF SUCH HAZARDOUS WASTE TO PERSONS TRANSPORTING, TREATING, STORING, OR 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 PREMISES WHERE THE WASTE IS GENERATED) FOR WHICH A PERMIT HAS BEEN ISSUED AS 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 TIME AS THE ADMINISTRATOR (OR THE STATE AGENCY IF APPROPRIATE) DEEMS NECESSARY, SETTING OUT

"(A) THE QUANTITIES OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITEL THAT HE HAS GENERATED DURING A PARTICULAR TIME PERIOD; AND

"(B) THE DISPOSITION OF ALL HAZARDOUS WASTE REPORTED UNDER SUBPARAGRAPH (A).

STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

"SEC. 3003. (A) STANDARDS. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ANACTMENT OF THIS SECTION, AND AFTER OPPORTUNITY FOR PUBLIC HEARINGS, THE ADMINISTRATOR, AFTER CONSULTATION WITH THE SECRETARY OF TRANSPORTATION AND THE STATES, SHALL PROMULGATE REGULATIONS ESTABLISHING SUCH STANDARDS, APPLICABLE TO TRANSPORTERS OF HAZARDSOU WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITLE, AS MAY BE NECESSARY TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT. SUCH STANDARDS SHALL INCLUDE BUT NEED NOT BE LIMITED TO REQUIREMENTS RESPECTING

"(1) RECORDKEEPING CONCERNING SUCH HAZARDOUS WASTE TRANSPORTED, AND THEIR SOURCE AND DELIVERY POINTS;

"(2) TRANSPORTATION OF SUCH WASTE ONLY IF PROPERLY LABELED.

"(3) COMPLIANCE WITH THE MANIFEST SYSTEM REFERRED TO IN SECTION 3002(5); AND

"(4) TRANSPORTATION OF ALL SUCH HAZARDOUS WASTE ONLY TO THE HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES WHICH THE SHIPPER DESIGNATES ON THE MANIFEST FORM TO BE A FACILITY HOLDING A PERMIT ISSUED UNDER THIS SUBTITLE.

"(B) COORDINATION WITH REGULATIONS OF SECRETARY OF TRANSPORTATION. -- IN CASE OF ANY HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITLE WHICH IS SUBJECT TO THE HAZARDOUS MATERIALS TRANSPORTATION ACT (88 STAT. 2156; 49 U.S.C. 1801 AND FOLLOWING), THE REGULATIONS PROMULGATED BY THE ADMINISTRATOR UNDER THIS SUBTITLE SHALL BE CONSISTENT WITH THE REQUIREMENTS OF SUCH ACT AND THE REGULATIONS THEREUNDER. THE ADMINISTRATOR IS AUTHORIZED TO MAKE RECOMMENDATIONS TO THE SECRETARY OF TRANSPORTATION RESPECTING THE REGULATIONS OF SUCH HAZARDOUS WASTE UNDER THIS 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 ENACTMENT OF THIS SECTION, AND AFTER OPPORTUNITY FOR PUBLIC HEARINGS AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES, THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS ESTABLISHING SUCH PERFORMANCE STANDARDS, APPLICABLE TO OWNERS AND OPERATORS OF FACILITIES FOR THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITLE, AS MAY BE NECESSARY TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT. SUCH STANDARDS SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, REQUIREMENTS RESPECTING

"(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 (5);

"(3) TREATMENT, STORAGE, OR DISPOSAL OF ALL SUCH WASTE RECEIVED BY THE FACILITY PURSUANT TO SUCH OPERATING METHODS, TECHNIQUES, AND PRACTICES AS MAY BE SATISFACTORY TO THE ADMINISTRATOR;

"(4) THE LOCATION, DESIGN, AND CONSTRUCTION OF SUCH HAZARDOUS WASTE TREATMENT, DISPOSAL, OR STORAGE FACILITIES;

"(5) CONTINGENCY PLANS FOR EFFECTIVE ACTION TO MINIMIZE UNANTICIPATED DAMAGE FROM ANY TREATMENT, STORAGE, OR DISPOSAL OF SUCH HAZARDOUS WASTE;

"(6) THE MAINTENANCE OF OPERATION OF SUCH FACILITIES AND REQUIRING SUCH ADDITIONAL QUALIFICATIONS AS TO OWNERSHIP CONTINUITY OF OPERATION, TRAINING FOR PERSONNEL, AND FINANCIAL RESPONSIBILITY AS MAY BE NECESSARY OR DESIRABLE; AND

"(7) COMPLIANCE WITH THE REQUIREMENTS OF SECTION 3005 RESPECTING PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL. NO PRIVATE ENTITY SHALL BE PRECLUDED BY REASON OF CRITERIA ESTABLISHED UNDER PARAGRAPH (6) FROM THE OWNERSHIP OR OPERATION OF FACILITIES PROVIDING HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL SERVICE WHERE SUCH ENTITIY CAN PROVIDE ASSURANCES OF FINANCIAL RESPONSIBILITY AND CONTINUITY OF OPERATION CONSISTENT WITH THE DEGREE AND DURATION OF RISKS ASSOCIATED WITH THE TREATMENT, STORAGE, OR DISPOSAL OF SPECIFIED HAZARDOUS WASTE.

"PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE

SEC. 3005. (A) PERMIT REQUIREMENTS. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF THE ENACTMENT OF THIS SECTION THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS REQUIRING EACH PERSON OWNING OR OPERATING A FACILITY FOR THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS 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 OF PERMIT APPLICATION. -- EACH APPLICATION FOR A PERMIT UNDER THIS SECTION SHALL CONTAIN SUCH INFORMATION AS MAY BE REQUIRED UNDER REGULATIONS PROMULGATED BY THE ADMINISTRATOR, INCLUDING INFORMATION RESPECTING

"(1) ESTIMATES WITH RESPECT TO THE CONPOSITION, QUANTITIES, AND CONCENTRATIONS OF ANY HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITLE, OR COMBINATIONS OF ANY SUCH HAZARDOUS WASTE AND OTHER SOLID WASTE, PROPOSED TO BE DISPOSED OF, TREATED, TRANSPORTED, OR STORED, AND THE TIME, FREQUENCY, OR RATE OF WHICH SUCH WASTE IS PROPOSED TO BE DISPOSED OF, TREATED, TRANSPORTED, OR STORED; AND

"(2) THE SITE AT WHICH SUCH HAZARDOUS WASTE OR THE PRODUCTS OF TREATMENT OF SUCH HAZARDOUS WASTE WILL BE DISPOSED OF, TREATED, TRANSPORTED TO, OR STORED.

"(C) PERMIT ISSUANCE. -- UPON A DETERMINATION BY THE ADMINISTRATOR (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 PROPOSE MODIFICATION OF THEIR FACILITIES, OR IN THE EVENT THE ADMINISTRATOR (OR THE STATE) DETERMINES THAT MODIFICATIONS ARE NECESSARY TO CONFORM TO THE REQUIREMENTS UNDER THIS SECTION AND SECTION 3004, THE PERMIT SHALL SPECIFY THE TIME ALLOWED TO COMPLETE THE MODIFICATION.

"(D) PERMIT REVOCATION. -- UPON A DETERMINATION BY THE ADMINISTRATOR (OR BY A STATE, IN THE CASE OF A STATE HAVING AN AUTHORIZED HAZARDOUS WASTE PROGRAM UNDER SECTION 3006) OF NONCOMPLIANCE BY A FACILITY HAVING A PERMIT UNDER THIS TITLE WITH THE REQUIREMENTS OF THIS SECTION OR SECTION 3004, THE ADMINISTRATOR (OR STATE, IN THE CASE OF A STATE HAVING AN AUTHORIZED HAZARDOUS WASTE PROGRAM UNDER SECTION 3006) SHALL REVOKE SUCH PERMIT.

"(C) ANY PERSON WHO

"(1) OWNS OR OPERATES 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 3010(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 AS FINAL ADMINISTRATIVE DISPOSITION OF SUCH APPLICATION IS MADE, UNLESS THE ADMINISTRATOR OR OTHER PLAINTIFF PROVES THAT FISCAL ADMINISTRATIVE DISPOSITION OF SUCH APPLICATION HAS NOT BEEN MADE BECAUSE OF THE FAILURE OF THE APPLICANT TO FURNISH INFORMATION REASONABLY REQUIRED OR REQUESTED IN ORDER TO PROCESS THE APPLICATION.

"AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS

"SEC. 3006. (A) FEDERAL GUIDELINES. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, THE ADMINISTRATOR, AFTER CONSULTATION WITH STATE AUTHORITIES, SHALL PROMULGATE GUIDELINES TO ASSIST STATES IN THE DEVELOPMENT OF STATE HAZARDOUS WASTE PROGRAMS.

"(B) AUTHORIZATION OF STATE PROGRAM. -- ANY STATE WHICH SEEKS TO ADMINISTER AND ENFORCE A HAZARDOUS WASTE PROGRAM PURSUANT TO THIS SUBTITLE MAY DEVELOP AND, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, SUBMIT TO 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 AS TO WHETHER OR NOT HE EXPECTS SUCH PROGRAM TO BE AUTHORIZED, AND WITHIN NINETY DAYS FOLLOWING SUCH NOTICE (AND AFTER OPPORTUNITY FOR PUBLIC HEARING) HE SHALL PUBLISH HIS FINDINGS AS TO WHETHER OR NOT THE CONDITIONS LISTED IN ITEMS (1), (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 STATE PROGRAM IS NOT EQUIVALENT TO THE FEDERAL PROGRAM UNDER THIS SUBTITLE, (2) SUCH PROGRAM IS NOT CONSISTENT WITH THE FEDERAL OR STATE PROGRAMS APPLICABLE IN OTHER STATES, OR (3) SUCH PROGRAM DOES NOT PROVIDE ADEQUATE ENFORCEMENT OF COMPLIANCE WITH THE REQUIREMENTS OF THIS SUBTITLE.

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

"(D) EFFECT OF STATE PERMIT. -- ANY ACTION TAKEN BY A STATE UNDER A HAZARDOUS WASTE PROGRAM AUTHORIZED UNDER THIS SECTION SHALL HAVE THE SAME FORCE AND EFFECT AS ACTION TAKEN BY THE ADMINISTRATOR UNDER THIS SUBTITLE.

"(E) WITHDRAWAL OF AUTHORIZATION. -- WHENEVER THE ADMINISTRATOR DETERMINES AFTER PUBLIC HEARING THAT A STATE IS NOT ADMINISTERING AND ENFORCING A PROGRAM AUTHORIZED UNDER THIS SECTION IN ACCORDANCE WITH REQUIREMENTS OF THIS SECTION, HE SHALL SO NOTIFY THE STATE AND, IF APPROPRIATE CORRECTIVE ACTION IS NOT TAKEN WITHIN A REASONABLE TIME, NOT TO EXCEED NINETY DAYS, THE ADMINISTRATOR SHALL WITHDRAW AUTHORIZATION OF SUCH PROGRAM AND ESTABLISH A FEDERAL PROGRAM 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.

"INSEPCTIONS

"SEC. 3007. (A) ACCESS ENTRY. -- FOR PURPOSES OF DEVELOPING OR ASSISTING IN THE DEVELOPMENT OF ANY REGULATION OR ENFORCING THE PROVISIONS OF THIS SUBTITLE, ANY PERSON WHO GENERATES, STORES, TREATS, TRANSPORTS, DISPOSES OF, OR OTHERWISE HANDLES HAZARDOUS WASTES SHALL, UPON REQUEST OF ANY OFFICER OR EMPLOYEE OF THE ENVIRONMENTAL PROTECTION AGENCY, DULY DESIGNATED BY THE ADMINISTRATOR, OR UPON REQUEST OF ANY DULY DESIGNATED OFFICER OF EMPLOYEE OF A STATE HAVING AN AUTHORIZED HAZARDOUS WASTE PROGRAM, FURNISH OR PERMIT SUCH PERSON AT ALL REASONABLE TIMES TO HAVE ACCESS TO, AND TO COPY ALL RECORDS RELATING TO SUCH WASTES. FOR THE PURPOSES OF DEVELOPING OR ASSISTING IN THE DEVELOPMENT OF ANY REGULATION OR ENFORCING THE PROVISIONS OF THIS TITLE, SUCH OFFICERS OR EMPLOYEES ARE AUTHORIZED

"(1) TO ENTER AT REASONABLE TIMES ANY ESTABLISHMENT OR OTHER PLACE MAINTAINED BY ANY PERSON WHERE HAZARDOUS WASTES ARE GENERATED, STORED, TREATED, OR DISPOSED OF;

"(2) TO INSEPCT AND OBTAIN SAMPLES FROM ANY PERSON OF ANY SUCH WASTES AND SAMPLES OF ANY CONTAINERS OR LABELING FOR SUCH WASTES. EACH SUCH INSPECTION SHALL BE COMMENCED AND COMPLETED WITH REASONABLE PROMPTNESS. IF THE OFFICER OR EMPLOYEE OBTAINS ANY SAMPLES, PRIOR TO LEAVING THE PREMISES, HE SHALL GIVE TO THE OWNER, OPERATOR, OR AGENT IN CHARGE A RECEIPT DESCRIBING THE SAMPLE OBTAINED AND IF REQUESTED A PORTION OF EACH SUCH SAMPLE EQUAL IN VOLUME OR WEIGHT TO THE PORTION RETAINED. IF ANY ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE RESULTS OF SUCH ANALYSIS SHALL BE FURNISHED PROMPTLY TO THE OWNER, OPERATOR, OR AGENT IN CHARGE.

"(B) AVAILABILITY TO PUBLIC. -- 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 THE ADMINISTRATOR (OR THE STATE, AS THE CASE MAY BE) BY ANY PERSON THAT RECORDS, REPORTS, OR INFORMATION, OR PARTICULAR PART THEREOF, TO WHICH THE ADMINISTRATOR (OR THE STATE, AS THE CASE MAY BE) HAS ACCESS UNDER THIS SECTION IF MADE PUBLIC, WOULD DIVULGE INFORMATION ENTITLED TO PROTECTION UNDER SECTION 1905 OF TITLE 18 OF THE UNITED STATES CODE, THE ADMINISTRATOR (OR THE STATE, AS THE CASE MAY BE) SHALL CONSIDER SUCH INFORMATION OR PARTICULAR PORTION THEREOF CONFIDNETIAL IN ACCORDANCE WITH THE PURPOSES OF THAT SECTION, EXCEPT THAT SUCH RECORD, REPORT, DOCUMENT, OR INFORMATION MAY BE DISCLOSED TO OTHER OFFICER, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES OF THE UNITED STATES CONCERNED WITH CARRYING OUT THIS ACT, OR WHEN RELEVANT IN ANY PROCEEDING UNDER THIS ACT.

"FEDERAL ENFORCEMENT

"SEC. 3008. (A) COMPLIANCE ORDERS. -- (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), WHENEVER ON THE BASIS OF ANY INFORMATION THE ADMINISTRATOR DETERINES THAT ANY PERSON IS IN VIOLATION OF ANY REQUIREMENT 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 CASE OF A VIOLATION OF ANY REQUIREMENT OF THIS SUBTITLE WHERE SUCH VIOLATION OCCURS IN A STATE WHICH IS AUTHORIZED TO CARRY OUT A HAZARDOUS WASTE PROGRAM UNDER SECTION 3006, THE ADMINISTRATOR SHALL GIVE NOTICE TO THE STATE IN WHICH SUCH VIOLATION HAS OCCURRED 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 25,000 DOLLARS FOR EACH DAY OF CONTINUED NONCOMPLIANCE AND THE ADMINISTRATOR 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 A PUBLIC HEARING. UPON SUCH REQUEST THE ADMINISTRATOR SHALL PROMPTLY CONDUCT A PUBLIC HEARING. IN CONNECTION WITH ANY PROCEEDING UNDER THIS SECTION THE ADMINISTRATOR MAY ISSUE SUBPENAS FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES AND THE PRODUCTION OF RELEVANT PAPERS, BOOKS, AND DOCUMENTS, AND MAY PROMULGATE RULES FOR DISCOVERY PROCEDURES.

"(C) REQUIREMENTS OF 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 PENALTY. -- 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 CASE OF A STATE PROGRAM).

"(2) DISPOSES OF ANY HAZARDOUS WASTE LISTED UNDER THIS SUBTITLE WITHOUT HAVING OBTAINED A PERMIT THEREFOR UNDER THIS SUBTITLE.

"(3) MAKES ANY FALSE STATEMENT OR REPRESENTATION IN ANY APPLICATION, 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 DOLLARS 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 CONVICTION OF SUCH PERSON UNDER THIS PARAGRAPH, PUNISHMENT SHALL BE BY A FINE OF NOT MORE THAN 50,000 DOLLARS PER DAY OF VIOLATION, OR BY IMPRISONMENT FOR NOT MORE THAN TWO YEARS, OR BY BOTH.

"RETENTION OF STATE AUTHORITY

"SEC. 3009. UPON THE EFFECTIVE DATE OF REGULATIONS UNDER THIS SUBTITLE NO STATE OR POLITICAL SUBDIVISION MAY IMPOSE ANY REQUIREMENTS LESS STRINGENT THAN THOSE AUTHORIZED UNDER THIS SUBTITLE RESPECTING THE SAME MATTER AS GOVERNED BY SUCH REGULATIONS, EXCEPT THAT IF APPLICATION OF A REGULATION WITH 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 SUCH TIME AS SUCH REGULATION TAKES EFFECT.

"EFFECTIVE DATE

"SEC. 3010. (A) PRELIMINARY 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, STORAGE, OR DISPOSAL OF SUCH SUBSTANCE SHALL FILE WITH THE ADMINISTRATOR (OR WITH STATES HAVING AUTHORIZED HAZARDOUS WASTE PERMIT PROGRAMS UNDER SECTION 3006) 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 BE REQUIRED TO BE FILED WITH RESPECT TO THE SAME SUBSTANCE. NO IDENTIFIED OR LISTED HAZARDOUS WASTE SUBJECT TO THIS SUBTITLE MAY BE TRANSPORTED, TREATED, STORED, OR DISPOSED OF UNLESS NOTIFICATION HAS BEEN GIVEN AS REQUIRED UNDER THIS SUBSECTION.

"(B) EFFECTIVE DATE OF REGULATION. -- THE REGULATIONS UNDER THIS SUBTITLE RESPECTING REQUIREMENTS APPLICABLE TO THE GENERATION, TRANSPORTATION, TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE (INCLUDING REQUIREMENTS RESPECTING PERMITS FOR SUCH TREATMENT, STORAGE OR DISPOSAL) SHALL TAKE EFFECT ON THE DATE SIX MONTHS AFTER THE DATE OF PROMULGATION THEREOF (OR SIX MONTHS AFTER THE DATE OF REVISION IN THE CASE OF ANY REGULATION WHICH IS REVISED AFTER THE DATE REQUIRED FOR PROMULGATION THEREOF).

"AUTHORIZATION OF ASSISTANCE TO STATES

"SEC. 3011. (A) THERE IS AUTHORIZED TO BE APPROPRIATED 25,000,000 DOLLARS 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) AMOUNTS AUTHORIZED TO BE APPROPRIATED UNDER SUBSECTION (A) SHALL BE ALLOCATED AMONG THE STATES ON THE BASIS OF REGULATIONS PROMULGATED BY THE ADMINISTRATOR, AFTER CONSULTATION WITH THE STATES, WHICH TAKE INTO ACCOUNT, THE EXTENT TO WHICH HAZARDOUS WASTE IS GENERATED, TRANSPORTED, TREATED, STORED, AND DISPOSED OF WITHIN SUCH STATE, THE EXTENT OF EXPOSURE OF HUMANS BEINGS AND THE ENVIRONMENT WITHIN SUCH STATE TO SUCH WASTE, AND SUCH OTHER FACTORS AS THE ADMINISTRATOR DEEMS APPROPRIATE.

"SUBTITLE D -- STATE OR REGIONAL SOLID WASTE PLANS "OBJECTIVES OF SUBTITLE

"SEC. 4001. THE OBJECTIVES OF THIS SUBTITLE ARE TO ASSIST IN DEVELOPING AND ENCOURAGING METHODS FOR THE DISPOSAL 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.

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"FEDERAL GUIDELINES FOR PLANS

"SEC. 4002. (A) GUIDELINES FOR IDENTIFICATION OF REGIONS. -- FOR PURPOSES OF ENCOURAGING AND FACILITATING THE DEVELOPMENT OF REGIONAL PLANNING FOR SOLID WASTE MANAGEMENT, THE ADMINISTRATOR, WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER THE DATE OF ENACTMENT OF THIS SECTION AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL, STATE, AND LOCAL AUTHORITIES, SHALL BY REGULATION PUBLISH GUIDELINES FOR THE IDENTIFICATION OF THOSE AREAS WHICH HAVE COMMON SOLID WASTE MANAGEMENT PROBLEMS AND ARE APPROPRIATE UNITS FOR PLANNING REGIONAL MANAGEMENT SERVICES. SUCH GUIDELINES SHALL CONSIDER

"(1) THE SIZE AND LOCATION OF AREAS WHICH SHOULD BE INCLUDED,

"(2) THE VOLUME AND SOLID WASTE WHICH SHOULD BE INCLUDED, AND

"(3) THE AVAILABLE MEANS OF COORDINATING REGIONAL PLANNING WITH OTHER RELATED REGIONAL PLANNING AND FOR COORDINATION OF SUCH REGIONAL PLANNING INTO THE STATE PLAN.

"(B) GUIDELINES FOR STATE PLANS. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS SECTION AND AFTER NOTICE AND HEARING, THE ADMINISTRATOR SHALL, AFTER CONSULTATION WITH APPROPRIATE FEDERAL, STATE, AND LOCAL AUTHORITIES, PROMULGATE REGULATTIONS CONTAINING GUIDELINES TO ASSIST IN THE DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS (HEREINAFTER IN THIS TITLE REFERRED TO AS "STATE PLANS"). THE GUIDELINES SHALL CONTAIN METHODS FOR ACHIEVING THE OBJECTIVES SPECIFIED IN SECTION 4001. SUCH GUIDELINES SHALL BE REVIEWED FROM TIME TO TIME, BUT NOT LESS FREQUENTLY THAN EVERY THREE YEARS, AND REVISED AS MAY BE APPROPRIATE.

"(C) CONSIDERATIONS FOR STATE PLAN GUIDELINES. -- THE GUIDELINES PROMULGATED UNDER SUBSECTION (B) SHALL CONSIDER

"(1) 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 WATERS 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, PROCESSING, AND DISPOSAL OPERATING METHODS, TECHNIQUES AND PRACTICES, AND LOCATION OF FACILITIES WHERE SUCH OPERATING METHODS, TECHNIQUES, AND PRACTICES ARE CONDUCTED, TAKING INTO ACCOUNT THE NATURE OF THE MATERIAL TO BE DISPOSED;

"(3) METHODS FOR CLOSING OR UPGRADING OPEN DUMPS FOR PURPOSES OF ELIMINATING POTENTIAL HEALTH HAZARDS;

"(4) POPULATION DENSITY, DISTRIBUTION, AND PROJECTED GROWTH;

"(5) GEOGRAPHIC, GEOLOGIC, CLIMATIC, AND HYDROLOGIC CHARACTERISTCS;

"(6) THE TYPE AND LOCATION OF TRANSPORTATION;

"(7) THE PROFILE OF INDUSTRIES;

"(8) THE CONSTITUENTS AND GENERATION RATES OF WASTE;

"(9) THE POLITICAL, ECONOMIC, ORGANIZATIONAL, FINANCIAL, AND MANAGEMENT PROBLEMS AFFECTING COMPREHENSIVE SOLID WASTE MANAGEMENT;

"(10) TYPES OF RESOURCE RECOVERY FACILITIES AND RESOURCE CONSERVATION SYSTEMS WHICH ARE APPROPRIATE; AND

"(11) AVAILABLE NEW AND ADDITONAL MARKETS FOR RECOVERED MATERIAL.

"MINIMUM REQUIREMENTS FOR APPROVAL OF PLANS

"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 4006(B)) (A) THE RESPONSIBILITIES OF STATE, LOCAL, AND REGIONAL AUTHORITIES IN THE IMPLEMENTATION OF THE STATE PLAN, (B) THE DISTRIBUTION OF FEDERAL FUNDS TO THE AUTHORITIES RESPONSIBLE FOR DEVELOPMENT AND IMPLEMENTATION OF THE STATE PLAN, AND (C) THE MEANS FOR COORDINATING REGIONAL PLANNING AND IMPLEMENTATION UNDER THE STATE PLAN.

"(2) THE PLAN SHALL, IN ACCORDANCE WITH SECTION 4005(C), PROHIBIT THE ESTABLISHMENT OF NEW OPEN DUMPS WITHIN THE STATE, AND CONTAIN REQUIREMENTS THAT ALL SOLID WASTE (INCLUDING SOLID WASTE ORIGINATING IN OTHER STATES, BUT NOT INCLUDING HAZARDOUS WASTE) SHALL BE (A) UTILIZED FOR RESOURCE RECOVERY OR (B) DISPOSED OF IN SANITARY LANDFILLS (WITHIN THE MEANING OF SECTION 4004(A) OR OTHERWISE DISPOSED OF IN AN ENVIRONMENTALLY SOUND MANNER.

"(3) THE PLAN SHALL PROVIDE FOR THE CLOSING OR UPGRADING OF ALL EXISTING OPEN DUMPS WITHIN THE STATE PURSUANT TO THE REQUIREMENTS OF SECTION 4005.

"(4) THE PLAN SHALL PROVIDE FOR THE ESTABLISHMENT OF SUCH STATE REGULATORY POWERS AS MAY BE NECESSARY TO IMPLEMENT THE PLAN.

"(5) THE PLAN SHALL PROVIDE THAT NO LOCAL GOVERNMENT WITHIN THE STATE SHALL BE PROHIBITED UNDER STATE OR LOCAL LAW FROM ENTERING INTO LONG-TERM CONTRACTS FOR THE SUPPLY OF SOLID WASTE TO RESOURCE RECOVERY FACILITIES.

"(6) THE PLAN SHALL PROVIDE FOR SUCH RESOURCE CONSERVATION OR RECOVERY AND FOR THE DISPOSAL OF SOLID WASTE IN SANITARY LANDFILLS OR ANY COMBINATION OF PRACTICES SO AS MAY BE NECESSARY TO USE OR DISPOSE OF SUCH WASTE IN A MANNER THAT IS ENVIRONMENTALLY SOUND

"CRITERIA FOR SANITARY LANDFILLS; SANITARY LANDFILLS REQUIRED FOR ALL DISPOSAL

"SEC. 4004. (A) CRITERIA FOR SANITARY LANDFILLS. -- NOT LATER THAN ONE YEAR AFTER THE DATE OF ENACTMENT OF THIS SECTION, AFTER CONSULTATION WITH THE STATES, AND AFTER NOTICE AND PUBLIC HEARINGS, THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS CONTAINING CRITERIA FOR DETERMINING WHICH FACILITIES SHALL BE CLASSIFIED AS SANITARY LANDFILLS AND WHICH SHALL BE CLASSIFIED AS OPEN DUMPS WITHIN THE MEANING OF THIS ACT. AT A MINIMUM, SUCH CRITERIA SHALL PROVIDE THAT A FACILITY MAY BE CLASSIFIED AS A SANITARY LANDFILL AND NOT AN OPEN DUMP ONLY IF THERE IS NO REASONABLE PROBABILITY OF ADVERSE EFFECTS ON HEALTH OF THE ENVIRONMENT FROM DISPOSAL OF SOLID WASTE AT SUCH FACILITY. SUCH REGULATIONS MAY PROVIDE FOR THE CLASSIFICATION OF THE TYPES OF SANITARY LANDFILLS.

"(B) DISPOSAL REQUIRED TO BE IN SANITARY LANDFILLS, ETC. -- FOR PURPOSES OF COMPLYING WITH SECTION 4003(2) EACH STATE PLAN SHALL PROHIBIT THE ESTABLISHMENT OF OPEN DUMPS AND CONTAIN A REQURIEMENT THAT DISPOSAL OF ALL SOLID WASTE WITHIN THE STATE SHALL BE IN COMPLIANCE WITH SUCH SECTION 4003(2).

"(C) EFFECTIVE DATE. -- THE PROHIBITION CONTAINED IN SUBSECTION (B) SHALL TAKE EFFECT ON THE DATE SIX MONTHS AFTER THE DATE OF PROMULGATION OF REGULATIONS UNDER SUBSECTION (A) OR ON THE DATE OF APPROVAL OF THE STATE PLAN, WHICEVER IS LATER.

"UPGRADING OF OPEN 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 PROMULGATED UNDER SECTION 4004 AND WHICH IS NOT A FACILITY FOR DISPOSAL OF HAZARDOUS WASTE.

"(B) INVENTORY. -- NOT LATER THAN ONE YEAR AFTER PROMULGATION OF REGULATIONS UNDER SECTION 4004, THE ADMINISTRATOR, WITH THE COOPERATION OF THE BUREAU OF THE CENSUS, SHALL PUBLISH AN INVENTORY OF ALL DISPOSAL FACILITIES OR SITES IN THE UNITED STATES WHICH ARE OPEN DUMPS WITHIN THE MEANING OF THIS ACT.

"(C) CLOSING OR UPGRADING OF EXISTING OPEN DUMPS. -- ANY SOLID WASTE MANAGEMENT PRACTICE OR DISPOSAL OF SOLID WASTE OR HAZARDOUS WASTE WHICH CONSTITUTES THE OPEN DUMPING OF SOLID WASTE OF 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 CONSIDERED OTHER PUBLIC OR PRIVATE ALTERNATIVES FOR SOLID WAST MANAGEMENT TO COMPLY WITH THE PROHIBITION ON OPEN DUMPING AND IS UNABLE TO UTILIZE SUCH ALTERNATIVES TO SO COMPLY, A TIMETABLE OR SCHEDULE FOR COMPLIANCE FOR SUCH PRACTICE OR DISPOSAL OF SOLID WASTE WHICH SPECIFIES A SCHEDULE OF REMEDIAL MEASURES, INCLUDING AN ENFORCEABLE SEQUENCE OF ACTIONS OR OPERATIONS, LEADING TO COMPLIANCE WITH THE PROHIBITION ON OPEN DUMPING OF SOLID WASTE WITHIN A REASONABLE TIME (NOT TO EXCEED 5 YEARS FROM THE DATE OF PUBLICATION OF THE INVENTORY UNDER SUBSECTION (B)).

" PROCEDURE FOR DEVELOPMENT AND IMPLEMENTATION OF STATE PLAN

"SEC. 4006. (A) IDENTIFICATION OF REGIONS. -- WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER PUBLICATION OF GUIDELINES UNDER SECTION 4002(A) (RELATING TO IDENTIFICATION OF REGIONS), THE COVERNOR OF EACH STATE, AFTER CONSULTATION WITH LOCAL ELECTED OFFICIALS, SHALL PROMULGATE REGULATIONS BASED ON SUCH GUIDELINES IDENTIFYING THE BOUNDARIES OF EACH AREA WITHIN THE STATE WHICH, AS A RESULT OF URBAN CONCENTRATIONS, GEOGRAPHIC CONDITIONS, MARKETS, AND OTHER FACTORS, IS APPROPRIATE FOR CARRYING OUT REGIONAL SOLID WASTE MANAGEMENT. SUCH REGULATIONS MAY BE MODIFIED FROM TIME TO TIME (IDENTIFYING ADDITIONAL OR DIFFERENT REGIONS) PURSUANT TO SUCH GUIDELINES.

"(B) IDENTIFICATION OF STATE AND LOCAL AGENCIES AND RESPONSIBILITIES. -- (1) WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER THE GOVERNOR PROMULGATES REGULATIONS UNDER SUBSECTION (A), FOR PURPOSES OF FACILITATING 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 GOVERNMENT, SHALL JOINTLY (A) IDENTIFY AN AGENCY TO DEVELOP THE STATE PLAN AND IDENTIFY ONE OR MORE AGENCIES TO IMPLEMENT SUCH PLAN, AND (B) IDENTIFY WHICH SOLID WASTE 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 AN CARRIED OUT BY A REGIONAL OR LOCAL AUTHORITY OR A COMBINATION OF REGIONAL OR LOCAL AND STATE AUTHORITIES. IF A MULTIFUNCTIONAL REGIONAL AGENCY AUTHORIZED BY STATE LAW TO CONDUCT SOLID WASTE PLANNING AND MANAGEMENT (THE MEMBERS OF WHICH ARE APPOINTED BY THE GOVERNOR) IS IN EXISTENCE ON THE DATE OF ENACTMENT OF THIS ACT, THE GOVERNOR SHALL IDENTIFY SUCH AUTHORITY FOR PURPOSES OF CARRYING OUT WITHIN SUCH REGION CLAUSE (A) OF THIS PARAGRAPH. WHERE FEASIBLE, DESIGNATION OF THE AGENCY FOR THE AFFECTED AREA DESIGNATED UNDER SECTION 208 OF THE FEDERAL WATER POLLUTION CONTROL ACT (86 STAT. 939) SHALL BE CONSIDERED. A STATE AGENCY IDENTIFIED UNDER THIS PARAGRAPH SHALL BE ESTABLISHED OR DESIGNATED BY THE GOVERNOR OF SUCH STATE. LOCAL OR REGIONAL ACENCIES IDENTIFIED UNDER THIS PARAGRAPH SHALL BE COMPOSED OF INDIVIDUALS AT LEAST A MAJORITY OF WHOM ARE ELECTED LOCAL OFFICIALS.

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"(2) IF PLANNING AND IMPLEMENTATION AGENCIES ARE NOT IDENTIFIED AND DESIGNATED OR ESTABLISHED AS REQUIRED UNDER PARAGRAPH (1) FOR ANY AFFECTED AREA, THE GOVERNOR SHALL, BEFORE THE DATE TWO HUNDRED AND SEVENTY DAYS AFTER PROMULGATION OF REGULATIONS UNDER SUBSECTION (A), 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 SECTION 4002(A) (RELATING TO IDENTIFICATION OF REGIONS), WOULD BE LOCATED IN TWO OR MORE STATES, THE GOVERNORS OF THE RESPECTIVE STATES, AFTER CONSULTATION WITH LOCAL ELECTED OFFICIALS, SHALL CONSULT, COOPERATE, AND ENTER INTO AGREEMENTS IDENTIFYING THE BOUNDARIES OF SUCH REGION PURSUANT TO SUBSECTION (A).

"(2) WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER AN INTERSTATE REGION IS IDENTIFIED BY AGREEMENT UNDER PARAGRAPH (1), APPROPRIATE ELECTED OFFICIALS OF GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT WITHIN SUCH REGION SHALL JOINTLY ESTABLISH OR DESIGNATE AN AGENCY TO DEVELOP A PLAN FOR SUCH REGION. IF NO SUCH AGENCY IS ESTABLISHED OR DESIGNATED WITHIN SUCH PERIOD BY SUCH OFFICIALS, THE GOVERNORS OF THE RESPECTIVE STATES MAY, BY AGREEMENT, ESTABLISH OR DESIGNATE FOR SUCH PURPOSE A SINGLE REPRESENTATIVE ORGANIZATION INCLUDING ELECTED OFFICIALS OF GENERAL PURPOSE UNITS OF LOCAL GOVERNMENT WITHIN SUCH REGION.

"(3) IMPLEMENTATION OF INTERSTATE REGIONAL SOLID WASTE MANAGEMENT PLANS SHALL BE CONDUCTED BY UNITS OF LOCAL GOVERNMENT FOR ANY PORTION OF A REGION WITHIN THEIR JURISDICTION, OR BY MULTIJURISDICTIONAL AGENCIES OR AUTHORITIES DESIGNATED IN ACCORDANCE WITH STATE LAW, INCLUDING THOSE DESIGNATED BY AGREEMENT BY SUCH UNITS OF LOCAL GOVERNMENT FOR SUCH PURPOSE. IF NO SUCH UNIT, AGENCY, OR AUTHORITY IS SO DESIGNATED, THE RESPECTIVE GOVERNORS SHALL DESIGNATE OR ESTABLISH A SINGLE INTERSTATE AGENCY TO IMPLEMENT SUCH PLAN.

"(4) FOR PURPOSES OF THIS 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.

"APPROVAL OF STATE PLAN; FEDERAL ASSISTANCE

"SEC. 4007. (A) PLAN APPROVAL. -- THE ADMINISTRATOR SHALL, WITHIN SIX MONTHS AFTER A STATE PLAN HAS BEEN SUBMITTED FOR APPROVAL, APPROVE OR DISAPPROVE THE PLAN. THE ADMINISTRATOR SHALL APPROVE A PLAN IF HE DETERMINES THAT

"(1) IT MEETS THE REQUIREMENTS OF PARAGRAPHS (1), (2), (3), AND (5) OF SECTION 4003; AND

"(2) IT CONTAINS PROVISION FOR REVISION OF SUCH PLAN, AFTER NOTICE AND PUBLIC HEARING, WHENEVER THE ADMINISTRATOR, BY REGULATION, DETERMINES

"(A) THAT REVISED REGULATIONS RESPECTING MINIMUM REQUIREMENTS HAVE BEEN PROMULGATED UNDER PARAGRAPHS (1), (2), (3), AND (5) OF SECTION 4003 WITH WHICH THE STATE PLAN IS NOT IN COMPLIANCE;

"(B) THAT INFORMATION HAS BECOME AVAILABLE WHICH DEMONSTRATES THE INADEQUACY OF THE PLAN TO EFFECTUATE THE PURPOSES OF THIS 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 SUCH PLAN INTO COMPLIANCE WITH THE MINIMUM REQUIREMENTS PROMULGATED UNDER SECTION 4003 (INCLUDING NEW OR REVISED REQUIREMENTS), HE SHALL, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, WITHDRAW HIS APPROVAL OF SUCH PLAN. SUCH WITHDRAWAL OF APPROVAL SHALL CEASE TO BE EFFECTIVE UPON THE ADMINISTRATOR'S DETERMINATION THAT SUCH COMPLIES WITH SUCH MINIMUM REQUIREMENTS.

"(B) ELIGIBILITY OF STATES FOR FEDERAL FINANCIAL ASSISTANCE. -- (1) THE ADMINISTRATOR SHALL APPROVE A STATE APPLICATION FOR FINANCIAL ASSISTANCE UNDER SUBTITLE, AND MAKE GRANTS TO SUCH STATE, IF SUCH STATE AND LOCAL AND REGIONAL AUTHORITIES WITHIN SUCH STATE HAVE COMPLIED 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 FOR FINANCIAL ASSISTANCE UNDER THIS SUBTITLE, AND MAKE GRANTS TO SUCH STATE, FOR FISCAL YEAR 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 FINANCIAL 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 CONSTRUED TO PREVENT OR AFFECT ANY ACTIVITIES RESPECTING SOLID WASTE PLANNING OR MANAGEMENT WHICH ARE CARRIED OUT BY STATE, REGIONAL, OR LOCAL AUTHORITIES UNLESS SUCH ACTIVITIES ARE INCONSISTENT WITH A STATE PLAN APPROVED BY THE ADMINISTRATOR UNDER THIS SUBTITLE.

"FEDERAL ASSISTANCE

"SEC. 4008. (A) AUTHORIZATION OF FEDERAL FINANCIAL ASSISTANCE. -- (1) THERE ARE AUTHORIZED TO BE APPROPRIATED $30,000,000 FOR FISCAL YEAR 1978 AND $40,000,000 FOR FISCAL YEAR 1979 FOR 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 AGENCIES AND STATE AND LOCAL PUBLIC SOLID WASTE MANAGEMENT AUTHORITIES FOR IMPLEMENTATION OF PROGRAMS TO PROVIDE SOLID WASTE MANAGEMENT, RESOURCE RECOVERY, AND RESOURCE CONSERVATION SERVICES AND HAZARDOUS WASTE MANAGEMENT. SUCH ASSISTANCE SHALL INCLUDE ASSISTANCE FOR FACILITY PLANNING AND FEASIBILITY STUDIES; EXPERT CONSULTATION; SURVEYS AND ANALYSES OF MARKET NEEDS; MARKETING OF RECOVERED RESOURCES; TECHNOLOGY ASSESSMENTS; LEGAL EXPENSES; CONSTRUCTION FEASIBILITY STUDIES; SOURCE SEPARATION PROJECTS; AND FISCAL OR ECONOMIC INVESTIGATIONS OR STUDIES; BUT SUCH ASSISTANCE SHALL NOT INCLUDE ANY OTHER ELEMENT OF CONSTRUCTION, OR ANY ACQUISITION OF LAND OR INTEREST IN LAND, OR ANY SUBSIDY FOR THE PRICE OF RECOVERED RESOURCES. AGENCIES ASSISTED UNDER THIS SUBSECTION SHALL CONSIDER EXISTING SOLID WASTE MANAGEMENT AND HAZARDOUS WASTE MANAGEMENT SERVICES AND FACILITIES AS WELL AS FACILITIES PROPOSED FOR CONSTRUCTION.

"(B) AN APPLICANT FOR FINANCIAL ASSISTANCE UNDER THIS PARAGRAPH MUST AGREE TO COMPLY WITH RESPECT TO THE PROJECT OR PROGRAM ASSISTED WITH THE APPLICABLE REQUIREMENTS OF SECTIONS 4005 AND SUBTITLE C OF THIS ACT AND APPLY APPLICABLE SOLID WASTE MANAGEMENT PRACTICES, METHODS, AND LEVELS OF CONTROL CONSISTENT WITH ANY GUIDELINES PUBLISHED PURSUANT 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 AUTHORIZED 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 LESS THAN ONE-HALF OF 1 PER CENTUM OF THE SUMS SO ALLOTTED IN ANY FISCAL YEAR. NO STATE SHALL RECEIVE ANY GRANT UNDER THIS SECTION DURING ANY FISCAL YEAR WHEN ITS EXPENDITURES OF NON-FEDERAL FUNDS FOR OTHER THAN NONRECURRENT EXPENDITURES FOR SOLID WASTE MANAGEMENT CONTROL PROGRAMS WILL BE LESS THAN ITS EXPENDITURES WERE FOR SUCH PROGRAMS DURING FISCAL YEAR 1975, EXCEPT THAT SUCH FUNDS MAY BE REDUCED BY AN AMOUNT EQUAL TO THEIR PROPORTIONATE SHARE OF ANY GENERAL REDUCTION OF STATE SPENDING ORDERED BY THE GOVERNOR OR LEGISLATURE OF SUCH STATE. NO STATE SHALL RECEIVE ANY GRANT FOR SOLID WASTE MANAGEMENT PROGRAMS UNLESS THE ADMINISTRATOR IS SATISFIED THAT SUCH GRANT WILL BE SO USED AS TO SUPPLEMENT AND, TO THE EXTENT PRACTICABLE, INCREASE THE LEVEL OF STATE, LOCAL, REGIONAL, OR OTHER NON-FEDERAL FUNDS THAT WOULD IN THE ABSENCE OF SUCH GRANT BE MADE AVAILABLE FOR THE MAINTENANCE OF SUCH PROGRAMS.

"(C) DISTRIBUTION OF 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 IMPLEMENTATION OF THE STATE PLAN. SUCH ALLOCATION SHALL BE BASED UPON THE RESPONSIBILITIES OF THE RESPECTIVE PARTIES AS DETERMINED PURSUANT TO SECTION 4006(B).

"(D) TECHNICAL ASSISTANCE. -- THE ADMINISTRATOR MAY PROVIDE TECHNICAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS FOR PURPOSES OF DEVELOPING AND IMPLEMENTING STATE PLANS. TECHNICAL ASSISTANCE RESPECTING RESOURCE RECOVERY AND CONSERVATION MAY BE PROVIDED THROUGH RESOURCE RECOVERY AND CONSERVATION PANELS, ESTABLISHED IN THE ENVIRONMENTAL PROTECTION AGENCY UNDER SUBTITLE B, TO ASSIST THE STATE AND LOCAL GOVERNMENTS WITH RESPECT TO PARTICULAR RESOURCE RECOVERY AND CONSERVATION PROJECTS UNDER CONSIDERATION AND TO EVALUATE THEIR EFFECT ON THE STATE PLAN.

"(E) SPECIAL COMMUNITIES. -- (1) THE ADMINISTRATOR, IN COOPERATION WITH STATE AND LOCAL OFFICIALS, SHALL IDENTIFY COMMUNITIES WITHIN THE UNITED STATES (A) HAVING A POPULATION OF LESS THAN TWEN-FIVE THOUSAND PERSONS, (B) HAVING SOLID WASTE DISPOSAL FACILITIES IN WHICH MORE THAN 75 PER CENTUM OF THE SOLID WASTE DISPOSAL IS FROM AREAS OUTSIDE THE JURISDICTION OF THE COMMUNITIES, AND (C) WHICH HAVE SERIOUS 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 MAKE GRANTS TO BE USED FOR THE CONVERSION, IMPROVEMENT, OR CONSOLIDATED OF EXISTING SOLID WASTE DISPOSAL FACILITIES, OR FOR THE CONSTRUCTION OF NEW SOLID WASTE DISPOSAL FACILITIES, OR FOR BOTH, WITHIN COMMUNITIES UNIDENTIFIED 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 APPLICABLE 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 A POPULATIONOF FIVE THOUSAND OR LESS OR COUNTIES WITH A POPULATION OF TEN THOUSAND OR LESS OR LESS THAN TWENTY PERSONS PER SQUARE MILE, AND NOT WITHIN A METROPOLITAN AREA, FOR SOLID WASTE MANAGEMENT FACILITIES (INCLUDING EQUIPMENT) NECESSARY TO MEET THE REQUIREMENTS OF SECTION 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.

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"(1) TO ANY MUNICIPALITY OR COUNTY WHICH COULD NOT FEASIBLY BE INCLUDED IN A SOLID WASTE MANAGEMENT SYSTEM OR FACILITY SERVING AN URBANIZED, MULTIJURISDICTIONAL AREA BECAUSE OF ITS DISTANCE FROM SUCH SYSTEMS;

"(2) WHERE EXISTING OR PLANNED SOLID WASTE MANAGEMENT SERVICES OR FACILITIES ARE UNAVAILABLE OR INSUFFICIENT TO COMPLY WITH WHE REQUIREMENTS OF SECTION 4005 OF THIS ACT; AND

"(3) FOR SYSTEMS WHICH ARE CERTIFIED BY THE STATE TO BE CONSISTENT WITH ANYPLANS OR PROGRAMS ESTABLISHED UNDER ANY STATE OR AREAWIDE PLANNING PROCESS.

"(B) ALLOTMENT. -- THE ADMINISTRATOR SHALL ALLOT THE SUMS APPROPRIATED TO CARRY OUT THIS SECTION IN ANY FISCAL YEAR AMONG THE STATES IN ACCORDANCE WITH REGULATIONS PROMULGATED BY HIM ON THE BASIS OF THE AVERAGE OF THE RATIO WHICH THE POPULATION OF RURAL AREAS OF EACH STATE BEARS TO THE TOTAL POPULATION OF RURAL AREAS OF ALL THE STATES, THE RATIO WHICH THE POPULATION OF COUNTIES IN EACH STATE HAVING LESS THAN TWNTY PERSONS PER SQUARE MILE BEARS TO THE TOTAL POPULATION OF SUCH COUNTIES IN ALL THE STATES, AND THE RATIO WHICH THE POPULATION OF SUCH LOW-DENSITY COUNTIES IN EACH STATE HAVING 33 PER CENTUM OR MORE OF ALL FAMILIES WITH INCOMES NOT IN EXCESS OF 125 PER CENTUM OF THE POVERTY LEVEL BEARS TO THE TOTAL POPULATION OF SUCH COUNTIES IN ALL THE STATES.

"(C) LIMIT. -- THE AMOUNT OF ANY GRANT UNDER THIS SECTION SHALL NOT EXCEED 75 PER CENTUM OF THE COSTS OF THE PROJECT. NO ASSISTANCE UNDER THIS SECTION SHALL BE AVAILABLE FOR THE ACQUISITION OF LAND OR INTERESTS IN LAND.

"(D) APPROPRIATIONS. -- THERE ARE AUTHORIZED TO BE APPROPRIATED $25,000,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS SECTION.

"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 PROVIDING

"(1) ACCURATE SPECIFICATIONS FOR RECOVERED MATERIALS;

"(2) STIMULATION OF DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS;

"(3) PROMOTION OF PROVEN TECHNOLOGY; AND

"(4) A FORUM FOR THE EXCHANGE OF TECHNICAL AND ECONOMIC DATA RELATING TO RESOURCE RECOVERY FACILITIES.

"DEVELOPMENT OF SPECIFICATIONS FOR SECONDARY MATERIALS

"SEC. 5002. THE SECRETARY OF COMMERCE, ACTING THROUGH THE NATIONAL BUREAU OF STANDARDS, AND IN CONJUNCTION WITH NATIONAL STANDARDS-SETTING ORGANIZATIONS IN RESOURCE RECOVERY, SHALL, AFTER PUBLIC HEARINGS, AND NOT LATER THAN TWO YEARS AFTER THE DATE OF THE ENACTMENT OF THIS ACT, PUBLISH GUIDELINES FOR THE DEVELOPMENT OF SPECIFICATIONS FOR THE CLASSIFICATION OF MATERIALS RECOVERED FROM WASTE WHICH WERE DESTINED FOR DISPOSAL. THE SPECIFICATIONS SHALL PERTAIN TO THE PHYSICAL AND CHEMICAL PROPERTIES AND CHARACTERISTICS OF SUCH MATERIALS WITH REGARD TO THEIR USE IN REPLACING VIRGIN MATERIALS IN VARIOUS INDUSTRIAL, COMMERCIAL, AND GOVERNMENTAL USES. IN ESTABLISHING SUCH GUIDELINES THE SECRETARY SHALL ALSO, TO THE EXTENT FEASIBLE, PROVIDE SUCH INFORMATION AS MAY BE NECESSARY TO ASSIST FEDERAL AGENCIES WITH PROCUREMENT OF ITEMS CONTAINIG RECOVERED MATERIALS. THE SECRETARY SHALL CONTINUE TO COOPERATE WITH NATIONAL STANDARDS-SETTING ORGANIZATIONS, AS MAY BE NECESSARY, TO ENCOURAGE THE PUBLICATION, PROMULGATION AND UPDATING OF STANDARDS FOR RECOVERED MATERIALS AND FOR THE USE OF RECOVERED MATERIALS IN VARIOUS INDUSTRIAL, COMMERCIAL, AND GOVERNMENTAL USES.

"DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS

"SEC. 5003. THE SECRETARY OF COMMERCE SHALL WITHIN TWO YEARS AFTER THE ENACTMENT OF THIS ACT TAKE SUCH ACTIONS AS MAY BE NECESSARY TO

"(1) IDENTIFY THE GEOGRAPHICAL LOCATION OF EXISTING OR POTENTIAL MARKETS FOR RECOVERED MATERIALS;

"(2) IDENTIFY THE ECONOMIC AND TECHNICAL BARRIERS TO THE USE OF RECOVERED MATERIALS; AND

"(3) ENCOURAGE THE DEVELOPMENT OF NEW USES FOR RECOVERED MATERIALS.

"TECHNOLOGY PROMOTION

"SEC. 5004. THE SECRETARY OF COMMERCE IS AUTHORIZED TO EVALUATE THE COMMERCIAL FEASIBILITY OF RESOURCE RECOVERY FACILITIES AND TO PUBLISH THE RESULTS OF SUCH EVALUATION AND TO DEVELOP A DATA BASE FOR PURPOSES OF ASSISTING PERSONS IN CHOOSING SUCH A SYSTEM.

"SUBTITLE F -- FEDERAL RESPONSIBILITIES "APPLICATION OF FEDERAL, STATE AND LOCAL LAW TO FEDERAL FACILITIES

"SEC. 6001. EACH DEPARTMENT, AGENCY, AND INSTRUMENTALITY OF THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF THE FEDERAL GOVERNMENT (1) HAVING JURISDICTION OVER ANY SOLID WASTE MANAGEMENT FACILITY OR DISPOSAL SITE, OR (2) ENGAGED IN ANY ACTIVITY RESULTING, OR WHICH MAY RESULT, IN THE DISPOSAL 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, AS ANY PERSON IS SUBJECT TO SUCH REQUIREMENTS, INCLUDING THE PAYMENT OF REASONABLE SERVICE CHARLES. 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 SO. NO SUCH EXEMPTION SHALL BE GRANTED DUE TO LACK OF APPROPRIATION UNLESS THE PRESIDENT SHALL HAVE SPECIFICALLY REQUESTED SUCH APPROPRIATION AS A PART OF THE BUDGETARY PROCESS AND THE CONGRESS SHALL HAVE FAILED TO MAKE AVAILABLE SUCH REQUESTED APPROPRIATION. ANY EXEMPTION SHALL BE FOR A PERIOD NOT IN EXCESS OF ONE YEAR, BUT ADDITIONAL EXEMPTIONS MAY BE GRANTED FOR PERIODS NOT TO EXCEED ONE YEAR UPON THE PRESIDENT'S MAKING A NEW DETERMINATION. THE PRESIDENT SHALL REPORT EACH JANUARY TO THE CONGRESS ALL EXEMPTIONS FROM THE REQUIREMENTS OF THIS SECTION GRANTED DURING THE PRECEDING CALENDAR YEAR, TOGETHER WITH HIS REASON FOR GRANTING EACH SUCH EXEMPTION.

"FEDERAL PROCUREMENT

"SEC. 6002. (A) APPLICATION OF SECTION. -- EXCEPT AS PROVIDED IN SUBSECTION (B), A PROCURING AGENCY, SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN THIS SECTION AND ANY REGULATIONS ISSUED UNDER THIS SECTION, WITH RESPECT TO ANY PURCHASE OR ACQUISITION OF A PROCUREMENT ITEM WHERE THE PURCHASE PRICE OF THE ITEM EXCEEDS $10,000 OR WHERE THE QUANTITY OF SUCH ITEMS OR THE 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 GUIDELINE REGULATIONS OF THE ADMINISTRATOR UNDER SECTION 6004 (AS PROMULGATED BEFORE THE DATE OF ENACTMENT OF THIS ACT UNDER COMPARABLE PROVISIONS OF PRIOR LAW) SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF THIS SECTION TO THE EXTENT THAT SUCH REQUIREMENTS ARE INCONSISTENT WITH SUCH REGULATIONS.

"(C) REQUIREMENTS. -- (1)(A) AFTER TWO YEARS AFTER THE DATE OF ENACTMENT OF THIS ACT, 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 A DETERMINATION THAT SUCH PROCUREMENT ITEMS

"(1) 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 PERFORMANCE STANDARDS OF THE PROCURING AGENCIES; OR

"(III) ARE ONLY AVAILABLE AT AN UNREASONABLE PRICE.

ANY DETERMINATION 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-MATERIAL-DERIVED 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) SPECIFICATIONS. -- (1) ALL FEDERAL AGENCIES THAT HAVE THE RESPONSIBILITY FOR DRAFTING OR REVIEWING SPECIFICATIONS FOR PROCUREMENT ITEM PROCURED BY FEDERAL AGENCIES SHALL, IN REVIEWING THOSE SPECIFICATIONS, ASCERTAIN WHETHER SUCH SPECIFICATIONS VIOLATE THE PROHIBITIONS CONTAINED IN SUBPARAGRAPHS (A) THROUGH (C) OF PARAGRAPH (2). 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 MANUFACTURED FROM VIRGIN MATERIALS; AND

"(C) SUCH SPECIFICATIONS SHALL REQUIRE RECLAIMED MATERIALS TO THE MAXIMUM EXTENT POSSIBLE WITHOUT JEOPARDIZING THE INTENDED END USE OF THE ITEM.

"(E) GUIDELINES. -- THE ADMINISTRATOR, AFTER CONSULTATION WITH THE ADMINISTRATOR OF GENERAL SERVICES, THE SECRETARY OF COMMERCE (ACTING THROUGH THE BUREAU OF STANDARDS), AND THE PUBLIC PRINTER, SHALL PREPARE, AND FROM TIME TO TIME REVISE, GUIDELINES FOR THE USE OF PROCURING AGENCIES IN COMPLYING WITH THE REQUIREMENTS OF THIS SECTION. SUCH GUIDELINES SHALL SET FORTH RECOMMENDED PRACTICES WITH RESPECT TO THE PROCUREMENT OF RECOVERED MATERIALS AND ITEMS CONTAINING SUCH MATERIALS AND SHALL PROVIDE INFORMATION AS TO AVAILABILITY, SOURCES OF SUPPLY, AND POTENTIAL USES OF SUCH MATERIALS AND ITEMS.

"(F) PROCUREMENT OF SERVICES. -- A PROCURING AGENCY SHALL, TO THE MAXIMUM EXTENT PRACTICABLE, MANAGE OR ARRANGE FOR THE PROCUREMENT OF SOLID WASTE MANAGEMENT SERVICES IN A MANNER WHICH MAXIMIZES ENERGY AND RESOURCE RECOVERY.

"(G) EXECUTIVE OFFICE. -- THE OFFICE OF PROCUREMENT POLICY IN THE EXECUTIVE OFFICE OF THE PRESIDENT, IN COOPERATION WITH THE ADMINISTRATOR, SHALL IMPLEMENT THEPOLICY EXPRESSED IN THIS SECTION. IT SHALL BE THE RESPONSIBILITY OF THE OFFICE OF PROCUREMENT POLICY TO COORDINATE THIS POLICY WITH OTHER POLICIES FOR FEDERAL PROCUREMENT, IN SUCH A WAY AS TO MAXIMIZE THE USE OF RECOVERED RESOURCES, AND TO ANNUALLY REPORT TO THE CONGRESS ON ACTIONS TAKEN BY FEDERAL AGENCIES AND THE PROGRESS MADE IN THE IMPLEMENTATION OF SUCH POLICY.

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"COOPERATION WITH ENVIRONMENTAL PROTECTION AGENCY

"SEC. 6003. ALL FEDERAL AGENCIES HAVING FUNCTIONS IN RELATION TO SOLID WASTE OR HAZARDOUS WASTE SHALL COOPERATE TO THE MAXIMUM EXTENT PERMITTED BY LAW WITH THE ADMINISTRATOR IN CARRYING OUT HIS FUNCTIONS 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.

"APPLICABILITY OF SOLID WASTE DISPOSAL GUIDELINES TO EXECUTIVE AGENCIES

"SEC. 6004. (A) COMPLIANCE. -- (1) IF

"(A) AN EXECUTIVE AGENCY (AS DEFINED IN SECTION 105 OF TITLE 5, UNITED STATES CODE) HAS JURISDICTION OVER ANY REAL PROPERTY OR FACILITY THE OPERATION OR ADMINISTRATION OF WHICH INVOLVES SUCH AGENCY IN SOLID WASTE DISPOSAL ACTIVITIES, OR

"(B) SUCH AN AGENCY ENTERS INTO A CONTRACT WITH ANY PERSON FOR THE OPERATION BY SUCH PERSON OF ANY FEDERAL PROPERTY OR FACILITY, AND THE PERFORMANCE OF SUCH CONTRACT INVOLVES SUCH PERSON IN SOLID WASTE DISPOSAL ACTIVITIES, THEN SUCH AGENCY SHALL INSURE COMPLIANCE WITH THE GUIDELINES RECOMMENDED UNDER SECTION 1008 AND THE PURPOSES OF THIS ACT IN THE OPERATION OR ADMINISTRATION OF SUCH PROPERTY OR FACILITY, OR THE PERFORMANCE OF SUCH CONTRACT, AS THE CASE MAY BE.

"(2) EACH EXECUTIVE AGENCY WHICH CONDUCTS ANY ACTIVITY

"(A) WHICH GENERATES SOLID WASTE, AND

"(B) WHICH, IF CONDUCTED BY A PERSON OTHER THAN SUCH AGENCY, WOULD REQUIRE A PERMIT OR LICENSE FROM SUCH AGENCY IN ORDER TO DISPOSE OF SUCH SOLID WASTE, SHALL INSURE COMPLIANCE WITH SUCH GUIDELINES AND THE PURPOSES OF THIS ACT IN CONDUCTING SUCH ACTIVITY.

"(3) EACH EXECUTIVE AGENCY WHICH PERMITS THE USE OF FEDERAL PROPERTY FOR PURPOSES OF DISPOSAL OF SOLID WASTE SHALL INSURE COMPLIANCE WITH SUCH GUIDELINES AND THE PURPOSES OF THIS ACT IN THE DISPOSAL OF SUCH WASTE.

"(4) THE PRESIDENT SHALL PRESCRIBE REGULATIONS TO CARRY OUT THIS SUBSECTION.

"(B) LICENSES AND PERMITS. -- EACH EXECUTIVE AGENCY WHICH ISSUES ANY LICENSE OR PERMIT FOR DISPOSAL OF SOLID WASTE SHALL, PRIOR TO THE ISSUANCE OF SUCH LICENSE OR PERMIT, CONSULT WITH THE 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 ABOUT TO TESTIFY IN ANY PROCEEDING RESULTING FROM THE ADMINISTRATION OR ENFORCEMENT OF THE PROVISIONS OF THIS ACT OR OF ANY APPLICABLE IMPLEMENTATION PLAN.

"(B) REMEDY. -- ANY EMPLOYEE OR A REPRESENTATIVE OF EMPLOYEES WHO BELIEVES THAT HE HAS BEEN FIRED OR OTHERWISE DISCRIMINATED AGAINST BY ANY PERSON IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY, WITHIN THIRTY DAYS AFTER SUCH ALLEGED VIOLATION OCCURS, APPLY TO THE SECRETARY OF LABOR FOR A REVIEW OF SUCH FIRING OR ALLEGED DISCRIMINATION. A COPY OF THE APPLICATION SHALL BE SENT TO SUCH PERSON WHO SHALL BE THE RESPONDENT. UPON RECEIPT OF SUCH APPLICATION, THE SECRETARY OF LABOR SHALL CAUSE SUCH INVESTIGATION TO BE MADE AS HE DEEMS APPROPRIATE. SUCH INVESTIGATION SHALL PROVIDE AN OPPORTUNITY FOR A PUBLIC HEARING AT THE REQUEST OF ANY PARTY TO SUCH REVIEW TO ENABLE THE PARTIES TO PRESENT INFORMATION RELATING TO SUCH ALLEGED VIOLATION. THE PARTIES SHALL BE GIVEN WRITTEN NOTICE OF THE TIME AND PLACE OF THE HEARING AT LEAST FIVE DAYS PRIOR TO THE HEARING. ANY SUCH HEARING SHALL BE OF RECORD AND SHALL BE SUBJECT TO SECTION 554 OF TITLE 5 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, REQUIRING THE PARTY COMMITTING SUCH VIOLATION TO TAKE SUCH AFFIRMATIVE ACTION TO ABATE THE VIOLATION AS THE SECRETARY OF LABOR DEEMS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, THE REHIRING OR REINSTATEMENT OF THE EMPLOYEE OR REPRESENTATIVE OF EMPLOYEES TO HIS FORMER POSITION WITH COMPENSATION. IF HE FINDS THAT THERE WAS NO SUCH VIOLATION, HE SHALL ISSUE AN ORDER DENYING THE APPLICATION. SUCH ORDER ISSUED BY THE SECRETARY OF LABOR UNDER THIS SUBPARAGRAPH SHALL BE SUBJECT TO JUDICIAL REVIEW IN THE SAME MANNER AS ORDERS AND DECISIONS OF THE ADMINISTRATOR OR SUBJECT TO JUDICIAL REVIEW UNDER THIS 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 AND PROSECUTION OF SUCH PROCEEDINGS, SHALL BE ASSESSED AGAINST THE PERSON COMMITTING SUCH VIOLATION.

"(D) EXCEPTION. -- THIS SECTION SHALL HAVE NO APPLICATIONS TO ANY EMPLOYEE WHO, ACTING WITHOUT DIRECTION FROM HIS EMPLOYER (OR HIS AGENT) DELIBERATELY VIOLATES ANY REQUIREMENT OF THIS ACT.

EMPLOYMENT SHIFTS AND LOSS. -- THE ADMINISTRATOR SHALL CONDUCT CONTINUING EVALUATIONS OF POTENTIAL LOSS OR SHIFTS OF EMPLOYMENT WHICH MAY RESULT FROM THE ADMINISTRATION OR ENFORCEMENT OF THE PROVISIONS OF THIS ACT AND APPLICABLE IMPLEMENTATION PLANS, INCLUDING, WHERE APPROPRIATE, INVESTIGATING THREATENED PLANT CLOSURES OR REDUCTIONS IN EMPLOYMENT ALLEGEDLY RESULTING FROM SUCH ADMINISTRATION OR ENFORCEMENT. ANY EMPLOYEE WHO IS DISCHARGED, OR LAID OFF, OR THREATENED WITH DISCHARGE OR LAYOFF, OR OTHERWISE DISCRIMINATED AGAINST BY ANY PERSON BECAUSE OF THE ALLEGED RESULTS OF SUCH ADMINISTRATION OR ENFORCEMENT, OR ANY REPRESENTATIVE OF SUCH EMPLOYEE, MAY REQUEST THE ADMINISTRATOR TO CONDUCT A FULL INVESTIGATION OF THE MATTER. THE ADMINISTRATOR SHALL THEREUPON INVESTIGATE THE MATTER AND, AT THE REQUEST OF ANY PARTY, SHALL HOLD PUBLIC HEARINGS ON NOT LESS THAN FIVE DAYS' NOTICE, AND SHALL AT SUCH HEARINGS REQUIRE THE PARTIES, INCLUDING THE EMPLOYER INVOLVED, TO PRESENT INFORMATION RELATING TO THE ACTUAL OR POTENTIAL EFFECT OF SUCH ADMINISTRATION OR ENFORCEMENT ON EMPLOYMENT AND ON ANY ALLEGED DISCHARGE, LAYOFF, OR OTHER DISCRIMINATION AND THE DETAILED REASONS OR JUSTIFICATION THEREFOR. ANY SUCH HEARING SHALL BE OF RECORD AND SHALL BE SUBJECT TO SECTION 554 OF TITLE 5 OF THE UNITED STATES CODE. UPON RECEIVING THE REPORT OF SUCH INVESTIGATION, THE ADMINISTRATOR SHALL MAKE FINDINGS OF FACT AS TO THE EFFECT OF SUCH ADMINISTRATION OR ENFORCEMENT ON EMPLOYMENT AND ON THE ALLEGED DISCHARGE, LAYOFF, OR DISCRIMINATION AND SHALL MAKE SUCH RECOMMENDATIONS AS HE DEEMS APPROPRIATE. SUCH REPORT, FINDINGS, AND RECOMMENDATIONS SHALL BE AVAILABLE TO THE PUBLIC. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO REQUIRE OR AUTHORIZE THE ADMINISTRATOR OR ANY STATE TO MODIFY OR WITHDRAW ANY STANDARD, LIMITATION, OR ANY OTHER REQUIREMENT OF THIS ACT OR ANY APPLICABLE IMPLEMENTATION PLAN.

"CITIZEN SUITS

"SEC. 7002. (A) IN GENERAL. -- EXCEPT AS PROVIDED IN SUBSECTION (B) OR (C) OF THIS SECTION, ANY PERSON MAY COMMENCE A CIVIL ACTION ON HIS OWN BEHALF

"(1) AGAINST ANY PERSON (INCLUDING (A) THE UNITED STATES, AND (B) ANY OTHER GOVERNMENTAL INSTRUMENTALITY OR AGENCY, TO THE EXTENT PERMITTED BY THE ELEVENTH AMENDMENT TO THE CONSTITUTION) WHO IS ALLEGED TO BE IN VIOLATION OF ANY PERMIT, STANDARD, REGULATION, CONDITION, REQUIREMENT, OR ORDER WHICH HAS BECOME EFFECTIVE PURSUANT TO THIS ACT; OR

"(2) AGAINST THE ADMINISTRATOR WHERE THERE IS ALLEGED A FAILURE OF THE ADMINISTRATOR TO PERFORM ANY ACT OR DUTY UNDER THIS ACT WHICH IS NOT DISCRETIONARY WITH THE ADMINISTRATOR. ANY ACTION UNDER PARAGRAPH (A)(1) OF THIS SUBSECTION SHALL BE BROUGHT IN THE DISTRICT COURT FOR THE DISTRICE 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 ADMINISTRATOR TO PERFORM SUCH ACT OR DUTY AS THE CASE MAY BE.

"(B) ACTIONS PROHIBITED. -- NO ACTION MAY BE COMMENCED UNDER PARAGRAPH (A)(1) OF THIS SECTION

"(1) PRIOR TO SIXTY DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE OF THE VIOLATION (A) TO THE ADMINISTRATOR; (B) TO THE STATE IN WHICH THE ALLEGED VIOLATION OCCURS; AND (C) TO AN ALLEGED VIOLATOR OF SUCH PERMIT, STANDARD, REGULATION, CONDITION, REQUIREMENT, OR ORDER; OR

"(2) IF THE ADMINISTRATOR OR STATE HAS COMMENCED AND IS DILIGENTLY PROSECUTING A CIVIL OR CRIMINAL ACTION IN A COURT OF THE UNITED STATES OR A STATE TO REQUIRE COMPLIANCE WITH SUCH PERMIT, STANDARD, REGULATION, CONDITION, REQUIREMENT, OR ORDER: PROVIDED, HOWEVER, THAT IN ANY SUCH ACTION IN A COURT OF THE UNITED STATES, ANY PERSON MAY INTERVENE AS A MATTER OF RIGHT.

"(C) NOTICE. -- NO ACTION MAY BE COMMENCED UNDER PARAGRAPH (A)(3) 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 ACTIONMAY 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 ADMINISTRATOR, IF NOT A PARTY, MAY INTERVENE AS A MATTER OF RIGHT.

"(E) COSTS. -- THE COURT, IN ISSUING ANY FINAL ORDER IN ANY ACTION OUGHT PURSUANT TO THIS SECTION, MAY AWARD COSTS OF LITIGATION (INCLUDING REASONABLE ATTORNEY AND EXPERT WITNESS FEES) TO ANY PARTY, WHENEVER THE COURT DETERMINES SUCH AN AWARD IS APPROPRIATE. THE COURT MAY, IF A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION IS SOUGHT, REQUIRING THE FILING OF A BOND OR EQUIVALENT SECURITY IN ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE.

"(F) OTHER RIGHTS PRESERVED. -- NOTHING IN THIS SECTION SHALL RESTRICT ANY RIGHT WHICH ANY PERSON (OR CLASS OF PERSONS) MAY HAVE UNDER ANY STATUTE OR COMMON LAW TO SEEK ENFORCEMENT OF ANY STANDARD OR REQUIREMENT RELATING TO THE MANAGEMENT OF SOLID WASTE OR HAZARDOUS WASTE, OR TO SEEK ANY OTHER RELIEF (INCLUDING RELIEF AGAINST THE ADMINISTRATOR OR A STATE AGENCY).

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"IMMINENT HAZARD

"SEC. 7003. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, UPON RECEIPT OF EVIDENCE THAT THE HANDLING, STORAGE, TREATMENT, TRANSPORTATION OR DISPOSAL OF ANY SOLID WASTE OR HAZARDOUS WASTE IS PRESENTING AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO HEALTH OR THE ENVIRONMENT, THE ADMINISTRATOR MAY BRING SUIT ON BEHALF OF THE UNITED STATES IN THE APPROPRIATE DISTRICT COURT 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.

"PETITION FOR REGULATIONS; PUBLIC

PARTICIPATION

"SEC. 7004. (A) PETITION. -- ANY PERSON MAY PETITION THE ADMINISTRATOR FOR THE PROMULGATION, AMENDMENT, OR REPEAL OF ANY REGULATION UNDER THIS ACT. WITHIN A REASONABLE TIME FOLLOWING RECEIPT OF SUCH PETITION, THE ADMINISTRATOR SHALL TAKE ACTION WITH RESPECT TO SUCH PETITION AND SHALL PUBLISH NOTICE OF SUCH ACTION IN THE FEDERAL REGISTER, TOGETHER WITH THE REASONS THEREFOR.

"(B) PUBLIC PARTICIPATION. -- PUBLIC PARTICIPATION IN THE DEVELOPMENT, 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.

"SEPARABILITY

"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, SHALL NOT BE AFFECTED THEREBY.

"JUDICIAL REVIEW

"SEC. 7006. ANY JUDICIAL REVIEW OF FINAL REGULATIONS PROMULGATED PURSUANT TO THIS ACT SHALL BE IN ACCORDANCE WITH SECTIONS 701 THROUGH 706 OF TITLE 5 OF THE UNITED STATES CODE, EXCEPT THAT

"(1) A PETITION FOR REVIEW OF ACTION OF THE ADMINISTRATOR IN PROMULGATING ANY REGULATION, OR REQUIREMENT UNDER THIS ACT 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 A DETERMINATION UNDER THIS ACT REQUIRED TO BE MADE ON THE RECORD AFTER NOTICE AND OPPORTUNITY FOR HEARING, IF A PARTY SEEKING REVIEW UNDER THIS ACT APPLIES TO THE COURT FOR LEAVE TO ADDUCE ADDITIONAL EVIDENCE, AND SHOWS TO THE SATISFACTION OF THE COURT THAT THE INFORMATION IS MATERIAL AND THAT THERE WERE REASONABLE GROUNDS FOR THE FAILURE TO ADDUCE SUCH EVIDENCE IN THE PROCEEDING BEFORE THE ADMINISTRATOR, THE COURT MAY ORDER SUCH ADDITIONAL EVIDENCE (AND EVIDENCE IN REBUTTAL THEREOF) TO BE TAKEN BEFORE THE ADMINISTRATOR, AND TO BE ADDUCED UPON THE HEARING IN SUCH MANNER AND UPON SUCH TERMS AND CONDITIONS AS THE COURT MAY DEEM PROPER. THE ADMINISTRATOR MAY MODIFY HIS FINDINGS AS TO THE FACTS, OR MAKE NEW FINDINGS, BY REASON OF THE ADDITIONAL EVIDENCE SO TAKEN, AND HE SHALL FILE WITH THE COURT SUCH MODIFIED OR NEW FINDINGS AND HIS RECOMMENDATION, IF ANY, FOR THE MODIFICATION OR SETTING ASIDE OF HIS ORIGINAL ORDER, WITH THE RETURN OF SUCH ADDITIONAL EVIDENCE.

"GRANTS OR CONTRACTS FOR TRAINING PROJECTS

"SEC. 7007. (A) GENERAL AUTHORITY. -- THE ADMINISTRATOR IS AUTHORIZED TO MAKE GRANTS TO, AND CONTRACTS WITH, ANY ELIGIBLE ORGANIZATION. FOR PURPOSES OF THIS SECTION THE TERM "ELIGIBLE ORGANIZATION" MEANS A STATE OR INTERSTATE AGENCY, A MUNICIPALITY, EDUCATIONAL INSTITUTION, AND ANY OTHER ORGANIZATION WHICH IS CAPABLE OF EFFECTIVELY CARRYING OUT A PROJECT WHICH MAY BE FUNDED BY GRANT UNDER SUBSECTION (B) OF THIS SECTION.

"(B) PURPOSES. -- (1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2), GRANTS OR CONTRACTS MAY BE MADE TO PAY ALL OR A PART OF THE COSTS, AS MAY BE DETERMINED BY THE ADMINISTRATOR, OF ANY PROJECT OPERATED OR TO BE OPERATED BY AN ELIGIBLE ORGANIZATION, WHICH IS DESIGNED

"(A) TO DEVELOP, EXPAND, OR CARRY OUT A PROGRAM (WHICH MAY COMBINE TRAINING, EDUCATION, AND EMPLOYMENT) FOR TRAINING PERSONS FOR OCCUPATIONS INVOLVING THE MANAGEMENT, SUPERVISION, DESIGN, OPERATION, OR MAINTENANCE OF SOLID WASTE DISPOSAL AND RESOURCES RECOVERY EQUIPMENT AND FACILITIES; OR

"(B) TO TRAIN INSTRUCTORS AND SUPERVISORY PERSONNEL TO TRAIN OR SUPERVISE PERSONS IN OCCUPATIONS INVOLVING THE DESIGN, OPERATION, AND MAINTENANCE OF SOLID WASTE DISPOSAL AND RESOURCE RECOVERY EQUIPMENT AND FACILITIES.

"(2) A GRANT OR CONTRACT AUTHORIZED BY PARAGRAPH (1) OF THIS SUBSECTION MAY BE MADE ONLY UPON APPLICATION TO THE ADMINISTRATOR AT SUCH TIME OR TIMES AND CONTAINING SUCH INFORMATION AS HE MAY PRESCRIBE, EXCEPT THAT NO SUCH APPLICATION SHALL BE APPROVED UNLESS IT PROVIDES FOR THE SAME PROCEDURES AND REPORTS (AND ACCESS TO SUCH REPORTS AND TO OTHER RECORDS) AS REQUIRED BY SECTION 207(B)(4) AND (5) (AS IN EFFECT BEFORE THE DATE OF THE ENACTMENT OF RESOURCE CONSERVATION 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 ACT OF 1976).

"(C) STUDY. -- THE ADMINISTRATOR SHALL MAKE A COMPLETE INVESTIGATION AND STUDY TO DETERMINE

"(1) THE NEED FOR ADDITIONAL TRAINED STATE AND LOCAL PERSONNEL TO CARRY OUT PLANS ASSISTED UNDER THIS ACT AND OTHER SOLID WASTE AND RESOURCE RECOVERY PROGRAMS;

"(2) MEANS OF USING EXISTING TRAINING PROGRAMS TO TRAIN SUCH PERSONNEL; AND

"(3) THE EXTENT AND NATURE OF OBSTACLES TO EMPLOYMENT AND OCCUPATIONAL ADVANCEMENT IN THE SOLID WASTE 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) 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) 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-A), WILL BE PAID WAGES AT RATES NOT LESS THAN THOSE PREVAILING ON SIMILAR WORK IN THE LOCALITY AS DETERMINED BY THE SECRETARY OF LABOR IN ACCORDANCE WITH 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 NUMBERED 14 OF 1950 (15 F.R. 3176; 5 U.S.C. 133Z-15) AND SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (40 U.S.C. 276C).

"SUBTITLE H -- RESEARCH, DEVELOPMENT, DEMONSTRATION, AND INFORMATION "RESEARCH, DEMONSTRATION, TRAINING, AND OTHER ACTIVITIES

"SEC. 8001. (A) GENERAL AUTHORITY. -- THE ADMINISTRATOR, ALONE OR AFTER CONSULTATION WITH THE ADMINISTRATOR OF THE FEDERAL ENERGY ADMINISTRATION, THE ADMINISTRATOR OF THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION, OR THE CHAIRMAN OF 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, EXPERIMENTS, TRAINING, DEMONSTRATIONS, SURVEYS, PUBLIC EDUCATION PROGRAMS, AND STUDIES RELATING TO

"(1) ANY ADVERSE HEALTH AND WELFARE EFFECTS OF THE RELEASE INTO THE ENVIRONMENT OF MATERIAL PRESENT IN SOLID WASTE, AND METHODS TO ELIMINATE SUCH EFFECTS;

"(2) THE OPERATION AND FINANCING OF SOLID WASTE DISPOSAL PROGRAMS;

"(3) THE PLANNING, IMPLEMENTATION, AND OPERATION OF RESOURCE RECOVERY AND RESOURCE CONSERVATION SYSTEMS AND HAZARDOUS WASTE MANAGEMENT SYSTEMS, INCLUDING THE MARKETING OF RECOVERED RESOURCES;

"(4) THE PRODUCTION OF USABLE FORMS OF RECOVERED RESOURCES, INCLUDING FUEL, FROM SOLID WASTE;

"(5) THE REDUCTION OF THE AMOUNT OF SUCH WASTE AND UNSALVAGEABLE WASTE MATERIALS;

"(6) THE DEVELOPMENT AND APPLICATION OF NEW AND IMPROVED METHODS OF COLLECTING AND DISPOSING OF SOLID WASTE AND PROCESSING AND RECOVERING MATERIALS AND ENERGY FROM SOLID WASTES;

"(7) THE IDENTIFICATION OF SOLID WASTE COMPONENTS AND POTENTIAL MATERIALS AND ENERGY RECOVERABLE FROM SUCH WASTE COMPONENTS;

"(8) SMALL SCALE AND LOW TECHNOLOGY SOLID WASTE MANAGEMENT SYSTEMS, INCLUDING BUT NOT LIMITED TO, RESOURCE RECOVERY SOURCE SEPARATION SYSTEMS;

"(9) METHODS TO IMPROVE THE PERFORMANCE CHARACTERISTICS OF RESOURCES RECOVERED FROM SOLID WASTE AND THE RELATIONSHIP OF SUCH PERFORMANCES CHARACTERISTICS TO AVAILABLE AND POTENTIALLY AVAILABLE MARKETS FOR SUCH RESOURCES;

"(10) IMPROVEMENTS IN LAND DISPOSAL PRACTICES FOR SOLID WASTE (INCLUDING SLUDGE) WHICH MAY REDUCE THE ADVERSE ENVIRONMENTAL EFFECTS OF SUCH DISPOSAL AND OTHER ASPECTS OF SOLID WASTE DISPOSAL ON LAND, INCLUDING MEANS FOR REDUCING THE HARMFUL ENVIRONMENTAL EFFECTS OF EARLIER AND EXISTING LANDFILLS, MEANS FOR RESTORING AREAS DAMAGED BY SUCH EARLIER OR EXISTING LANDFILLS, MEANS FOR RENDERING LANDFILLS SAFE FOR PURPOSES OF CONSTRUCTION AND OTHER USES, AND TECHNIQUES OF RECOVERING MATERIALS AND ENERGY FROM LANDFILLS;

"(11) METHODS FOR THE SOUND DISPOSAL OF, OR RECOVERY OF RESOURCES, INCLUDING ENERGY, FROM, SLUDGE (INCLUDING SLUDGE FROM POLLUTION CONTROL AND TREATMENT FACILITIES, COAL SLURRY PIPELINES, AND OTHER SOURCES);

"(12) METHODS OF HAZARDOUS WASTE MANAGEMENT, INCLUDING METHODS OF RENDERING SUCH WASTE ENVIRONMENTALLY SAFE; AND

"(13) ANY ADVERSE EFFECTS ON AIR QUALITY (PARTICULARLY WITH REGARD TO THE EMISSION OF HEAVY METALS) WHICH RESULT FROM SOLID WASTE WHICH IS BURNED (EITHER ALONE OR IN CONJUNCTION WITH OTHER SUBSTANCES) FOR PURPOSES OF DISPOSAL OR ENERGY RECOVERY.

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"(B) MANAGEMENT PROGRAMS. - (1)(A) IN CARRYING OUT HIS FUNCTIONS PURSUANT TO THIS ACT, AND ANY OTHER FEDERAL LEGISLATION RESPECTING SOLID WASTE OR DISCARDED MATERIAL RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS, THE ADMINISTRATOR SHALL ESTABLISH A MANAGEMENT PROGRAM OR SYSTEM TO INSURE THE COORDINATION OF ALL SUCH ACTIVITIES AND TO FACILITATE AND ACCELERATE THE PROCESS OF DEVELOPMENT OF SOUND NEW TECHNOLOGY (OR OTHER DISCOVERIES) FROM THE RESEARCH PHASE, THROUGH DEVELOPMENT, AND INTO THE DEMONSTRATION PHASE.

"(B) THE ADMINISTRATOR SHALL (1) ASSIST, ON THE BASIS OF ANY RESEARCH PROJECTS WHICH ARE DEVELOPED WITH ASSISTANCE UNDER THIS ACT OR WITHOUT FEDERAL ASSISTANCE, THE CONSTRUCTION OF PILOT PLANT FACILITIES FOR THE PURPOSE OF INVESTIGATING OR TESTING THE TECHNOLOGICAL FEASIBILITY OF ANY PROMISING NEW FUEL, ENERGY, OR RESOURCE RECOVERY OR RESOURCE CONSERVATION METHOD OR TECHNOLOGY; AND (II) DEMONSTRATE EACH SUCH METHOD AND TECHNOLOGY THAT APPEARS JUSTIFIED BY AN EVALUATION AT SUCH PILOT PLANT STAGE OR AT A PILOT PLANT STAGE DEVELOPED WITHOUT FEDERAL ASSISTANCE. EACH SUCH DEMONSTRATION SHALL INCORPORATE NEW OR INNOVATE TECHNICAL ADVANCES OR SHALL APPLY SUCH ADVANCES TO DIFFERENT CIRCUMSTANCES AND CONDITIONS, FOR THE PURPOSE OF EVALUATING DESIGN CONCEPTS OR TO TEST THE PERFORMANCE, EFFICIENCY, AND ECONOMIC FEASIBILITY OF A PARTICULAR METHOD OR TECHNOLOGY UNDER ACTUAL OPERATING CONDITIONS. EACH SUCH DEMONSTRATION SHALL BE SO PLANNED AND DESIGNED THAT, IF SUCCESSFUL, IT CAN BE EXPANDED OR UTILIZED DIRECTLY AS A FULL-SCALE OPERATIONAL FUEL, ENERGY, OR RESOURCE RECOVERY OR RESOURCE CONSERVATION FACILITY.

"(2) ANY ENERGY-RELATED RESEARCH, DEVELOPMENT, OR DEMONSTRATION PROJECT FOR THE CONVERSION INCLUDING BIOCONVERSION, OF SOLID WASTE CARRIED OUT BY THE ENVIRONMENTAL PROTECTION AGENCY OR BY THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION PURSUANT TO THIS OR ANY OTHER ACT SHALL BE ADMINISTERED IN ACCORDANCE WITH THE MAY 7, 1976, INTERAGENCY AGREEMENT BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION ON THE DEVELOPMENT OF ENERGY FROM SOLID WASTES AND SPECIFICALLY, THAT IN ACCORDANCE WITH THIS AGREEMENT, (A) FOR THOSE ENERGY-RELATED PROJECTS OF MUTUAL INTERST, PLANNING WILL BE CONDUCTED JOINTLY BY THE ENVIRONMENTAL PROTECTION AGENCY AND THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION, FOLLOWING WHICH PROJECT RESPONSIBILITY WILL BE ASSIGNED TO ONE AGENCY; (B) ENERGY-RELATED PORTIONS OF PROJECTS FOR RECOVERY OF SYNTHETIC FUELS OR OTHER FORMS OF ENERGY FROM SOLID WASTE SHALL 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 AND FOR ASSURANCE THAT SUCH PROJECTS ARE CONSISTENT WITH ANY APPLICABLE SUGGESTED GUIDELINES PUBLISHED PURSUANT TO SECTION 1008, AND ANY APPLICABLE STATE OR REGIONAL SOLID WASTE MANAGEMENT PLAN; AND (D) ANY ACTIVITIES UNDERTAKEN UNDER PROVISIONS OF SECTIONS 8002 AND 8003 AS RELATED TO ENERGY; AS RELATED TO ENERGY OR SYNTHETIC FUELS RECOVERY FROM WASTE; OR AS RELATED TO ENERGY CONSERVATION SHALL BE ACCOMPLISHED THROUGH COORDINATION AND CONSULTATION WITH THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION.

"(C) AUTHORITIES. - (1) IN CARRYING OUT SUBSECTION (A) OF THIS SECTION RESPECTING SOLID WASTE RESEARCH, STUDIES, DEVELOPMENT, AND DEMONSTRATION, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN SECTION 8004(D), THE ADMINISTRATOR MAY MAKE GRANTS TO OR ENTER INTO CONTRACTS (INCLUDING CONTRACTS FOR CONSTRUCTION) WITH, PUBLIC AGENCIES AND AUTHORITIES OR PRIVATE PERSONS.

"(2) CONTRACTS FOR RESEARCH, DEVELOPMENT, OR DEMONSTRATIONS OR FOR BOTH (INCLUDING CONTRACTS FOR CONSTRUCTION) SHALL BE MADE IN ACCORDANCE WITH AND SUBJECT TO THE LIMITATIONS PROVIDED WITH RESPECT TO RESEARCH CONTRACTS OF THE MILITARY DEPARTMENTS IN TITEL 10, UNITED STATES CODE, SECTION 2353, EXCEPT THAT THE DETERMINATION, APPROVAL, AND CERTIFICATION REQUIRED THEREBY SHALL BE MADE BY THE ADMINISTRATOR.

"(3) ANY INVENTION MADE OR CONCEIVED IN THE COURSE OF, OR UNDER, ANY CONTRACT UNDER THIS ACT SHALL BE SUBJECT TO SECTION 9 OF THE FEDERAL NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT ACT OF 1974 TO THE SAME EXTENT AND IN THE SAME MANNER AS INVENTIONS MADE OR CONCEIVED IN THE COURSE OF CONTRACTS UNDER SUCH ACT, EXCEPT THAT IN APPLYING SUCH SECTION, THE ENVIRONMENTAL PROTECTION AGENCY SHALL BE SUBSTITUTED FOR THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION AND THE WORDS 'SOLID WASTE' SHALL BE SUBSTITUTED FOR THE WORD 'ENERGY' WHERE APPROPRIATE.

"(4) FOR CARRYING OUT THE PURPOSE OF THIS ACT THE ADMINISTRATOR MAY DETAIL PERSONNEL OF THE ENVIRONMENTAL PROTECTION AGENCY TO AGENCIES ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION.

"SPECIAL STUDIES; PLANS FOR RESEARCH,

DEVELOPMENT AND DEMONSTRATIONS

"SEC. 8002. (A) GLASS AND PLASTIC. - THE ADMINISTRATOR SHALL UNDERTAKE A STUDY AND PUBLISH A REPORT ON RESOURCE RECOVERY FROM GLASS AND PLASTIC WASTE, INCLUDING A SCIENTIFIC, TECHNOLOGICAL, AND ECONOMIC INVESTIGATION OF POTENTIAL SOLUTIONS TO IMPLEMENT SUCH RECOVERY.

"(B) COMPOSITION OF WASTE STREAM. - THE ADMINISTRATOR SHALL UNDERTAKE A SYSTEMATIC STUDY OF THE COMPOSITION OF THE SOLID WASTE STREAM AND OF ANTICIPATED FUTURE CHANGES IN THE COMPOSITION OF SUCH STREAM AND SHALL PUBLISH A REPORT CONTAINING THE RESULTS OF SUCH STUDY AND QUANTITATIVELY EVALUATING THE POTENTIAL UTILITY OF SUCH COMPONENTS.

"(C) PRIORITIES STUDY. - FOR PURPOSES OF DETERMINING PRIORITIES FOR RESEARCH ON RECOVERY OF MATERIALS AND ENERGY FROM SOLID WASTE AND DEVELOPING MATERIALS AND ENERGY RECOVERY RESEARCH, DEVELOPMENT, AND DEMONSTRATION STRATEGIES, THE ADMINISTRATOR SHALL REVIEW, AND MAKE A STUDY OF, THE VARIOUS EXISTING AND PROMISING TECHNIQUES OF ENERGY RECOVERY FROM SOLID WASTE (INCLUDING, BUT NOT LIMITED TO, WATERWALL FURNACE INCINERATORS, DRY SHREDDED FUEL SYSTEMS, PYROLYSIS, DENSIFIED REFUSE-DERIVED FUEL SYSTEMS, ANEROBIC DIGESTION, AND FUEL AND FEEDSTOCK PREPARATION SYSTEMS). IN CARRYING OUT SUCH STUDY THE ADMINISTRATOR SHALL INVESTIGATE WITH RESPECT TO EACH SUCH TECHNIQUE:

"(1) THE DEGREE OF PUBLIC NEED FOR THE POTENTIAL RESULTS OF SUCH RESEARCH, DEVELOPMENT OR DEMONSTRATION,

"(2) THE POTENTIAL FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATION WITHOUT FEDERAL ACTION, INCLUDING THE DEGREE OF RESTRAINT ON SUCH POTENTIAL POSED BY THE RISKS INVOLVED, AND

"(3) THE MAGNITUDE OF EFFORT AND PERIOD OF TIME NECESSARY DEVELOP THE TECHNOLOGY TO THE POINT WHERE FEDERAL ASSISTANCE CAN BE ENDED.

"(D) SMALL-SCALE AND LOW TECHNOLOGY STUDY. - THE ADMINISTRATOR SHALL UNDERTAKE A COMPREHENSIVE STUDY AND ANALYSIS OF, AND PUBLISH A REPORT ON, SYSTEMS OF SMALL-SCALE AND LOW TECHNOLOGY SOLID WASTE MANAGEMENT, INCLUDING HOUSEHOLD RESOURCE RECOVERY AND RESOURCE RECOVERY SYSTEMS WHICH HAVE SPECIAL APPLICATION TO MULTIPLE DWELLING UNITS AND HIGH DENSITY HOUSING AND OFFICE COMPLEXES. SUCH STUDY AND ANALYSIS SHALL INCLUDE AN INVESTIGATION OF THE DEGREE TO WHICH SUCH SYSTEMS COULD CONTRIBUTE TO ENERGY CONSERVATION.

"(E) FRONT-END SOURCE SEPARATION. - THE ADMINISTRATOR SHALL UNDERTAKE RESEARCH AND STUDIES CONCERNING THE COMPATIBILITY OF FRONT-END SOURCE SEPARATION SYSTEMS WITH HIGH TECHNOLOGY RESOURCE RECOVERY SYSTEMS AND SHALL PUBLISH A REPORT CONTAINING THE RESULTS OF SUCH RESEARCH AND STUDIES.

"(F) MINING WASTE. - THE ADMINISTRATOR, IN CONSULTATION WITH THE SECRETARY OF THE INTERIOR, SHALL CONDUCT A DETAILED AND COMPREHENSIVE STUDY ON THE ADVERSE EFFECTS OF SOLID WASTES FROM ACTIVE AND ABANDONED SURFACE AND UNDERGROUND MINES ON THE ENVIRONMENT, INCLUDING, BUT NOT LIMITED TO, THE EFFECTS OF SUCH WASTES ON HUMANS, WATER, AIR, HEALTH, WELFARE, AND NATURAL RESOURCES, AND ON THE ADEQUACY OF MEANS AND MEASURES CURRENTLY EMPLOYED BY THE MINING INDUSTRY, GOVERNMENT AGENCIES, AND OTHERS TO DISPOSE OF AND UTILIZE SUCH SOLID WASTES AND TO PREVENT OR SUBSTANTIALLY MITIGATE SUCH ADVERSE EFFECTS. SUCH STUDY SHALL INCLUDE AN ANALYSIS OF:

"(1) THE SOURCES AND VOLUME OF DISCARDED MATERIAL GENERATED PER YEAR FROM MINING:

"(2) PRESENT DISPOSAL PRACTICES;

"(3) POTENTIAL DANGERS TO HUMAN HEALTH AND THE ENVIRONMENT FROM SURFACE RUNOFF OF LEACHATE AND AIR POLLUTION BY DUST;

"(4) ALTERNATIVES TO CURRENT DISPOSAL METHODS;

"(5) THE COST OF THOSE ALTERNATIVES IN TERMS OF THE IMPACT ON THE MINE PRODUCT COSTS; AND

"(6) POTENTIAL OR USE OF DISCARDED MATERIAL AS A SECONDARY SOURCE OF THE MINE PRODUCT.

IN FURTHERANCE OF THIS STUDY, THE ADMINISTRATOR SHALL, AS HE DEEMS APPROPRIATE, REVIEW STUDIES AND OTHER ACTIONS OF OTHER FEDERAL AGENCIES CONCERNING SUCH WASTES WITH A VIEW TOWARD AVOIDING DUPLICATION OF EFFORT AND THE NEED TO EXPEDITE SUCH STUDY. THE ADMINISTRATOR SHALL PUBLISH A REPORT OF SUCH STUDY AND SHALL INCLUDE APPROPRIATE FINDINGS AND RECOMMENDATIONS FOR FEDERAL AND NON-FEDERAL ACTIONS CONCERNING SUCH EFFECTS.

"(G) SLUDGE. - THE ADMINISTRATOR SHALL UNDERTAKE A COMPREHENSIVE STUDY AND PUBLISH A REPORT ON SLUDGE. SUCH STUDY SHALL INCLUDE AN ANALYSIS OF;

"(1) WHAT TYPES OF SOLID WASTE (INCLUDING BUT NOT LIMITED TO SEWAGE AND POLLUTION TREATMENT RESIDUES AND OTHER RESIDUES FROM INDUSTRIAL OPERATIONS SUCH AS EXTRACTION OF OIL FROM SHALE LIQUEFACTION AND GASIFACTION OF COAL AND COAL SLURRY PIPELINE OPERATIONS) SHALL BE CLASSIFIED AS SLUDGE;

"(2) THE EFFECTS OF AIR AND WATER POLLUTION LEGISLATION ON THE CREATION OF LARGE VOLUMES OF SLUDGE;

"(3) THE AMOUNTS OF SLUDGE ORIGINATING IN EACH STATE AND IN EACH INDUSTRY PRODUCING SLUDGE;

"(4) METHODS OF DISPOSAL OF SUCH SLUDGE, INCLUDING THE COST, EFFICIENCY, AND EFFECTIVENESS OF SUCH METHODS;

"(5) ALTERNATIVE METHODS FOR THE USE OF SLUDGE, INCLUDING AGRICULTURAL APPLICATIONS OF SLUDGE AND ENERGY RECOVERY FROM SLUDGE; AND

"(6) METHODS TO RECLAIM AREAS WHICH HAVE BEEN USED FOR THE DISPOSAL OF SLUDGE OR WHICH HAVE BEEN DAMAGED BY SLUDGE.

"(H) TIRES. - THE ADMINISTRATOR SHALL UNDERTAKE A STUDY AND PUBLISH A REPORT RESPECTING DISCARDED MOTOR VEHICLE TIRES WHICH SHALL INCLUDE AN ANALYSIS OF THE PROBLEMS INVOLVED IN THE COLLECTION, RECOVERY OF RESOURCES INCLUDING ENERGY, AND USE OF SUCH TIRES.

"(I) RESOURCE RECOVERY FACILITIES. - THE ADMINISTRATOR SHALL CONDUCT RESEARCH AND REPORT ON THE ECONOMICS OF, AND IMPEDIMENTS TO, THE EFFECTIVE FUNCTIONING OF RESOURCE RECOVERY FACILITIES.

"(J) RESOURCE CONSERVATION COMMITTEE. - (1) THE ADMINISTRATOR SHALL SERVE AS CHAIRMAN OF THE 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 MANAGEMENT AND BUDGET, WHICH SHALL CONDUCT A FULL AND COMPLETE INVESTIGATION AND STUDY OF ALL ASPECTS OF THE ECONOMIC, SOCIAL, AND ENVIRONMENTAL CONSEQUENCES OF RESOURCE CONSERVATION WITH RESPECT TO;

"(A) THE APPROPRIATENESS OF RECOMMENDED INCENTIVES AND DISINCENTIVES TO FOSTER RESOURCE CONSERVATION;

"(B) THE EFFECT OF EXISTING PUBLIC POLICIES (INCLUDING

SUBSIDIES AND ECONOMIC INCENTIVES AND DISINCENTIVE, PERCENTAGE

DEPLETION ALLOWANCES CAPITAL GAINS TREATMENT AND OTHER TAX

INCENTIVES ANDDISINCENTIVES) UPON RESOURCE CONSERVATION AND

THE LIKELY EFFECT OF THE MODIFICATION OR ELIMINATION OF SUCH

INCENTIVES AND DISINCENTIVES UPON RESOURCE CONSERVATION.

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"(C) THE APPROPRIATENESS AND FEASIBILITY OF RESTRICTING THE MANUFACTURE OR USE OF CATEGORIES OF CONSUMER PRODUCTS AS A RESOURCE CONSERVATION STRATEGY:

"(D) THE APPROPRIATENESS AND FEASIBILITY OF EMPLOYING A RESOURCE CONSERVATION STRATEGY THE IMPOSITION OF SOLID WASTE MANAGEMENT CHARGES ON CONSUMER PRODUCTS, WHICH CHARGES WOULD REFLECT THE COSTS OF SOLID WASTE MANAGEMENT SERVICES, LITTER PICKUP, THE VALUE OF RECOVERABLE COMPONENTS OF SUCH PRODUCT, FINAL DISPOSAL, AND ANY SOCIAL VALUE ASSOCIATED WITH THE NONRECYCLING OR UNCONTROLLED DISPOSAL OF SUCH PRODUCT; AND

"(E) THE NEED FOR FURTHER RESEARCH, DEVELOPMENT, AND DEMONSTRATION IN THE AREA OF RESOURCE CONSERVATION.

"(2) THE STUDY REQUIRED IN PARAGRAPH (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;

"(B) THE APPROPRIATE STATE IN THE PRODUCTION OF SUCH CONSUMER PRODUCT AT WHICH TO LEVY SUCH CHARGE;

"(C) APPROPRIATE CRITERIA FOR ESTABLISHING SUCH CHARGES FOR EACH CONSUMER PRODUCT CATEGORY;

"(D) METHODS FOR THE ADJUSTMENT OF SUCH CHARGES TO REFLECT ACTIONS SUCH AS RECYCLING WHICH WOULD REDUCE THE OVERALL QUANTITIES OF SOLID WASTE REQUIRING DISPOSAL; AND

"(E) PROCEDURES FOR AMENDING, MODIFYING, OR REVISING SUCH CHARGES TO REFLECT CHANGING CONDITIONS.

"(3) THE DESIGN FOR THE STUDY REQUIRED IN PARAGRAPH (2)(D) OF THIS SUBSECTION SHALL INCLUDE TIMETABLES FOR THE COMPLETION OF THE STUDY. A PRELIMINARY REPORT PUTTING FORTH THE STUDY DESIGN SHALL BE SENT TO THE PRESIDENT AND THE CONGRESS WITHIN SIX MONTHS FOLLOWING ENACTMENT OF THIS SECTION AND FOLLOWUP REPORTS SHALL BE SENT SIX MONTHS THEREAFTER. EACH RECOMMENDATION RESULTING FROM THE STUDY SHALL INCLUDE AT LEAST TWO ALTERNATIVES TO THE PROPOSED RECOMMENDATION.

"(4) THE RESULTS OF SUCH INVESTIGATION AND STUDY, INCLUDING RECOMMENDATIONS, SHALL BE REPORTED TO THE PRESIDENT AND THE CONGRESS NOT LATER THAN TWO YEARS AFTER ENACTMENT OF THIS SUBSECTION.

"(5) THERE ARE AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $2,000,000 TO CARRY OUT THIS SUBSECTION.

"(K) AIRPORT LANDFILLS. - THE ADMINISTRATOR SHALL UNDERTAKE A COMPREHENSIVE STUDY AND ANALYSIS OF AND PUBLISH A REPORT ON SYSTEMS TO ALLEVIATE THE HAZARDS TO AVIATION FROM BIRDS CONGREGATING AND FEEDING ON LANDFILLS IN THE VICINITY OF AIRPORTS.

"(L) COMPLETION OF RESEARCH AND STUDIES. - THE ADMINISTRATOR SHALL COMPLETE THE RESEARCH AND STUDIES, AND SUBMIT THE REPORTS, REQUIRED, UNDER SUBSECTIONS (B), (C), (D), (E), (F), (G), AND (K) NOT LATER THAN OCTOBER 1, 1978. THE ADMINISTRATOR SHALL COMPLETE THE RESEARCH AND STUDIES, AND 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 FROM SUCH STUDY TO APPROPRIATE COMMITTEES OF CONGRESS.

"(M) AUTHORIZATION OF APPROPRIATIONS. - THERE ARE AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $8,000,000 FOR THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS SECTION OTHER THAN SUBSECTION (J).

"COORDINATION, COLLECTION, AND DISSEMINATION OF INFORMATION

"SEC. 8003. (A) INFORMATION. - THE ADMINISTRATOR SHALL DEVELOP, COLLECT, EVALUATE AND COORDINATE INFORMATION ON;

"(1) METHODS AND COSTS OF THE COLLECTION OF SOLID WASTE;

"(2) SOLID WASTE MANAGEMENT PRACTICES, INCLUDING DATA ON THE DIFFERENT MANAGEMENT METHODS AND THE COST, OPERATION, AND MAINTENANCE OF SUCH METHODS;

"(3) THE AMOUNTS AND PERCENTAGES OF RESOURCES (INCLUDING ENERGY) THAT CAN BE RECOVERED FROM SOLID WASTE BY USE OF VARIOUS 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 AND POTENTIALLY HAZARDOUS SOLID WASTES; METHODS OF NEUTRALIZING OR PROPERLY DISPOSING OF HAZARDOUS SOLID WASTES; FACILITIES THAT PROPERLY DISPOSE OF HAZARDOUS WASTES;

"(7) METHODS OF FINANCING RESOURCE RECOVERY FACILITIES OR, SANITARY LANDFILLS, OR HAZARDOUS SOLID WASTE TREATMENT FACILITIES, WHICHEVER IS APPROPRIATE FOR THE ENTITY DEVELOPING SUCH FACILITY OR LANDFILL (TAKING INTO ACCOUNT THE AMOUNT OF SOLID WASTE REASONABLY EXPECTED TO BE AVAILABLE TO SUCH ENTITY);

"(8) THE AVAILABILITY OF MARKETS FOR THE PRUCHASE OF RESOURCES, EITHER MATERIALS OR ENERGY, RECOVERED FROM SOLID WASTE; AND

"(9) RESEARCH AND DEVELOPMENT PROJECTS RESPECTING SOLID WASTE MANAGEMENT.

"(B) LIBRARY. - (1) THE ADMINISTRATOR SHALL ESTABLISH AND MAINTAIN A CENTRAL REFERENCE LIBRARY FOR (A) THE MATERIALS COLLECTED PURSUANT TO SUBSECTION, (A) OF THIS SECTION AND (B) THE ACTUAL PERFORMANCE AND COST EFFECTIVENESS RECORDS AND OTHER DATA AND INFORMATION WITH RESPECT TO:

"(I) THE VARIOUS METHODS OF ENERGY AND RESOURCE RECOVERY FROM SOLID WASTE,

"(II) THE VARIOUS SYSTEMS AND MEANS OF RESOURCE CONSERVATION.

"(III) THE VARIOUS SYSTEMS AND TECHNOLOGIES FOR COLLECTION, TRANSPORT, STORAGE, TREATMENT, AND FINAL DISPOSITION OF SOLID WASTE, AND

"(IV) OTHER ASPECTS OF SOLID WASTE AND HAZARDOUS SOLID WASTE MANAGEMENT.

SUCH CENTRAL REFERENCE LIBRARY SHALL ALSO CONTAIN, BUT NOT BE LIMITED TO, THE MODEL CODES AND MODEL ACCOUNTING SYSTEMS DEVELOPED UNDER THIS SECTION, THE INFORMATION COLLECTED UNDER SUBSECTION (D), AND, SUBJECT TO ANY APPLICABLE REQUIREMENTS OF CONFIDENTIALITY, INFORMATION RESPECTING ANY ASPECT OF SOLID WASTE PROVIDED BY OFFICERS AND EMPLOYEES OF THE ENVIRONMENTAL PROTECTION AGENCY WHICH HAS BEEN ACQUIRED BY THEM IN THE CONDUCT OF THEIR FUNCTIONS UNDER THIS ACT AND WHICH MAY BE OF VALUE TO FEDERAL, STATE, AND LOCAL AUTHORITIES AND OTHER PERSONS.

"(2) INFORMATION IN THE CENTRAL REFERENCE LIBRARY SHALL, TO THE EXTENT PRACTICABLE, BE COLLATED, ANALYZED, VERIFIED, AND PUBLISHED AND SHALL BE MADE AVAILABLE TO STATE AND LOCAL GOVERNMENTS AND OTHER PERSONS AT REASONABLE TIMES AND SUBJECT TO SUCH REASONABLE CHARGES AS MAY BE NECESSARY TO DEFRAY EXPENSES OF MAKING SUCH INFORMATION AVAILABLE.

"(C) MODEL ACCOUNTING SYSTEM. - IN ORDER TO ASSIST STATE AND LOCAL GOVERNMENTS IN DETERMINING THE COSTS AND REVENUES ASSOCIATED WITH THE COLLECTION AND DISPOSAL OF SOLID WASTE AND WITH RESOURCE RECOVERY OPERATIONS, THE ADMINISTRATOR SHALL DEVELOP AND PUBLISH A RECOMMENDED MODEL COST AND REVENUE ACCOUNTING SYSTEM APPLICABLE TO THE SOLID WASTE MANAGEMENT FUNCTIONS OF STATE AND LOCAL GOVERNMENTS. SUCH SYSTEM SHALL BE IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. THE ADMINISTRATOR SHALL PERIODICALLY, BUT NOT LESS FREQUENTLY THAN ONCE EVERY FIVE YEARS, REVIEW SUCH ACCOUNTING SYSTEM AND REVISE IT AS NECESSARY.

"(D) MODEL CODES. - THE ADMINISTRATOR IS AUTHORIZED, IN COOPERATION WITH APPROPRIATE STATE AND LOCAL AGENCIES, TO RECOMMEND MODEL CODES, ORDINANCES, AND STATUTES, PROVIDING FOR SOUND SOLID WASTE MANAGEMENT.

"(E) INFORMATION PROGRAMS. - (1) THE ADMINISTRATOR SHALL IMPLEMENT A PROGRAM FOR THE RAPID DISSEMINATION OF INFORMATION ON SOLID WASTE MANAGEMENT, HAZARDOUS WASTE MANAGEMENT, RESOURCE CONSERVATION, AND METHODS OF RESOURCE RECOVERY FROM SOLID WASTE, INCLUDING THE RESULTS OF ANY RELEVANT RESEARCH, INVESTIGATIONS, EXPERIMENTS, SURVEYS, STUDIES, OR OTHER INFORMATION WHICH MAY BE USEFUL IN THE IMPLEMENTATION OF NEW OR IMPROVED SOLID WASTE MANAGEMENT PRACTICES AND METHODS AND INFORMATION ON ANY OTHER TECHNICAL, MANAGERIAL, FINANCIAL, OR MARKET ASPECT OF RESOURCE CONSERVATION AND RECOVERY FACILITIES.

"(2) THE ADMINISTRATOR SHALL DEVELOP AND IMPLEMENT EDUCATIONAL PROGRAMS TO PROMOTE CITIZEN UNDERSTANDING OF THE NEED FOR ENVIRONMENTALLY SOUND SOLID WASTE MANAGEMENT PRACTICES.

"(F) COORDINATON. - IN COLLECTING AND DISSEMINATING INFORMATION UNDER THIS SECTION, THE ADMINISTRATOR SHALL COORDINATE HIS ACTIONS AND COOPERATE TO THE MAXIMUM EXTENT POSSIBLE WITH STATE AND LOCAL AUTHORITIES.

"(G) SPECIAL RESTRICTION. - UPON REQUEST, THE FULL RANGE OF ALTERNATIVE TECHNOLOGIES, PROGRAMS OR PROCESSES DEEMED FEASIBLE TO MEET THE RESOURCE RECOVERY OR RESOURCE CONSERVATION NEEDS OF A JURISDICTION SHALL BE DESCRIBED IN SUCH A MANNER AS TO PROVIDE SUFFICIENT EVALUATIVE BASIS FROM WHICH THE JURISDICTION CAN MAKE ITS DECISIONS, BUT NO OFFICER OR EMPLOYEE OF THE ENVIRONMENTAL PROTECTION AGENCY SHALL, IN AN OFFICIAL CAPACITY, LOBBY FOR OR OTHERWISE REPRESENT AN AGENCY POSITION IN FAVOR OF RESOURCE RECOVERY OR RESOURCE CONSERVATION, AS A POLICY ALTERNATIVE FOR ADOPTION INTO ORDINANCES, CODES, REGULATIONS, OR LAW BY ANY STATE OR POLITICAL SUBDIVISION THEREOF.

"FULL-SCALE DEMONSTRATION FACILITIES

"SEC. 8004. (A) AUTHORITY. - THE ADMINISTRATOR MAY ENTER INTO CONTRACTS WITH PUBLIC AGENCIES OR AUTHORITIES OR PRIVATE PERSONS FOR THE CONSTRUCTION AND OPERATION OF A FULL-SCALE DEMONSTRATION FACILITY UNDER THIS ACT, OR PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF GRANTS TO A FULL-SCALE DEMONSTRATION FACILITY UNDER THIS ACT ONLY IF THE ADMINISTRATOR FINDS THAT;

"(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 MANAGEMENT PRACTICE, OR THE TECHNOLOGICAL FEASIBILITY AND COST EFFECTIVENESS OF AN EXISTING, BUT UNPROVEN TECHNOLOGY, PROCESS, OR PRACTICE, AND WILL NOT DUPLICATE ANY OTHER FEDERAL, STATE, LOCAL, OR COMMERCIAL FACILITY WHICH HAS BEEN CONSTRUCTED OR WITH RESPECT TO WHICH CONSTRUCTION HAS BEGUN (DETERMINED AS OF THE DATE ACTION IS TAKEN BY THE ADMINISTRATOR UNDER THIS ACT),

"(2) SUCH CONTRACT OR ASSISTANCE MEETS THE REQUIREMENTS OF SECTION 8001 AND MEETS OTHER APPLICABLE REQUIREMENTS OF THIS ACT,

"(3) SUCH FACILITY WILL BE ABLE TO COMPLY WITH THE GUIDELINE PUBLISHED UNDER SECTION 1008 AND WITH OTHER LAWS AND REGULATIONS FOR THE PROTECTION OF HEALTH AND THE ENVIRONMENT,

"(4) IN THE CASE OF A CONTRACT FOR CONSTRUCTION OR OPERATION, SUCH FACILITY IS NOT LIKELY TO BE CONSTRUCTED OR OPERATED BY STATE, LOCAL, OR PRIVATE PERSONS OR IN THE CASE OF AN APPLICATION FOR FINANCIAL ASSISTANCE, SUCH FACILITY IS NOT LIKELY TO RECEIVE ADEQUATE FINANCIAL ASSISTANCE FROM OTHER SOURCES, AND

"(5) ANY FEDERAL INTEREST IN, OR ASSISTANCE TO, SUCH FACILITY WILL BE DISPOSED OF OR TERMINATED, WITH APPROPRIATE COMPENSATION, WITHIN SUCH PERIOD OF TIME AS MAY BE NECESSARY TO CARRY OUT THE BASIC OBJECTIVES OF THIS ACT.

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"(B) TIME LIMITATION. - NO OBLIGATION MAY BE MADE BY THE ADMINISTRATOR 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 DEMONSTRATION FACILITY UNDER THIS SUBTITLE MAY BE MADE BY THE ADMINISTRATOR AFTER THE DATE FOURTEEN YEARS AFTER SUCH DATE OF ENACTMENT.

"(C) COST SHARING. - (1) WHEREVER PRACTICABLE, IN CONSTRUCTING, OPERATING, OR PROVIDING FINANCIAL ASSISTANCE UNDER THIS SUBTITLE TO A FULL-SCALE DEMONSTRATION FACILITY, THE ADMINISTRATOR SHALL ENDEAVOR TO ENTER INTO AGREEMENTS AND MAKE OTHER ARRANGEMENTS FOR MAXIMUM PRACTICABLE COST SHARING WITH OTHER FEDERAL, STATE, AND LOCAL AGENCIES, PRIVATE PERSONS, OR ANY COMBINATION THEREOF.

"(2) THE ADMINISTRATOR SHALL ENTER INTO ARRANGEMENTS, WHEREVER PRACTICABLE AND DESIRABLE, TO PROVIDE MONITORING OF FULL-SCALE SOLID WASTE FACILITIES (WHETHER OR NOT CONSTRUCTED OR OPERATED UNDER THIS ACT) FOR PURPOSES OF OBTAINING INFORMATION CONCERNING THE PERFORMANCE, AND OTHER ASPECTS, OF SUCH FACILITIES. WHERE THE ADMINISTRATOR PROVIDES ONLY MONITORING AND EVALUATION INSTRUMENTS OR PERSONNEL (OR BOTH) OR FUNDS FOR SUCH INSTRUMENTS OR PERSONNEL AND PROVIDES NO OTHER FINANCIAL ASSISTANCE TO A FACILITY, NOT-WITHSTANDING SECTION 8001(C)(3), TITLE TO ANY INVENTION MADE OR CONCEIVED OF IN THE COURSE OF DEVELOPING, CONSTRUCTING, OR OPERATING SUCH FACILITY SHALL NOT BE REQUIRED TO VEST IN THE UNITED STATES AND PATENTS RESPECTING SUCH INVENTION SHALL NOT BE REQUIRED TO BE ISSUED TO THE UNITED STATES.

"(D) PROHIBITION. - AFTER THE DATE OF ENACTMENT OF THIS SECTION, THE ADMINISTRATOR SHALL NOT CONSTRUCT OR OPERATE ANY FULL-SCALE FACILITY (EXCEPT BY CONTRACT WITH PUBLIC AGENCIES OR AUTHORITIES OR PRIVATE PERSONS).

"SPECIAL STUDY AND DEMONSTRATION PROJECTS ON RECOVERY OF USEFUL ENERGY AND MATERIALS

"SEC. 8005. (A) STUDIES. - THE ADMINISTRATOR SHALL CONDUCT STUDIES AND DEVELOP RECOMMENDATIONS FOR ADMINISTRATIVE OR LEGISLATIVE ACTION ON:

"(1) MEANS OF RECOVERING MATERIALS AND ENERGY FROM SOLID WASTE, RECOMMENDED USES OF SUCH MATERIALS AND ENERGY FOR NATIONAL OR INTERNATIONAL WELFARE, INCLUDING IDENTIFICATION OF POTENTIAL MARKETS FOR SUCH RECOVERED RESOURCES, THE IMPACT OF DISTRIBUTION OF SUCH RESOURCES ON EXISTING MARKET, AND POTENTIALS FOR ENERGY CONSERVATION THROUGH RESOURCE CONSERVATION AND RESOURCE RECOVERY;

"(2) ACTIONS TO REDUCE WASTE GENERATION WHICH HAVE BEEN TAKEN VOLUNTARILY OR IN RESPONSE TO GOVERNMENTAL ACTION, AND THOSE WHICH PRACTICALLY COULD BE TAKEN IN THE FUTURE, AND THE ECONOMIC, SOCIAL, AND ENVIRONMENTAL CONSEQUENCES OF SUCH ACTIONS;

"(3) METHODS OF COLLECTION, SEPARATION, AND CONTAINERIZATION WHICH WILL ENCOURAGE EFFICIENT UTILIZATION OF FACILITIES AND CONTRIBUTE TO MORE EFFECTIVE PROGRAMS OF REDUCTION, REUSE, OR DISPOSAL OF WASTES;

"(4) THE USE OF FEDERAL PROCUREMENT TO DEVELOP MARKET DEMAND FOR RECOVERED RESOURCES;

"(5) RECOMMENDED INCENTIVES (INCLUDING FEDERAL GRANTS, LOANS, AND OTHER ASSISTANCE) AND DISINCENTIVES TO ACCELERATE THE RECLAMATION OR RECYCLING OF MATERIALS FROM SOLID WASTES, WITH SPECIAL EMPHASIS ON MOTOR VEHICLE HULKS;

"(6) THE EFFECT OF EXISTING PUBLIC POLICIES, INCLUDING SUBSIDIES AND ECONOMIC INCENTIVES AND DISINCENTIVES, PERCENTAGE DEPLETION ALLOWANCES, CAPITAL GAINS TREATMENT AND OTHER TAX INCENTIVES AND DISINCENTIVES, UPON THE RECYCLING AND REUSE OF MATERIALS, AND THE LIKELY EFFECT OF THE MODIFICATION OR ELIMINATION OF SUCH INCENTIVES AND DISINCENTIVES UPON THE REUSE, RECYCLING AND CONSERVATION OF SUCH MATERIALS;

"(7) THE NECESSITY AND METHOD OF IMPOSING DISPOSAL OR OTHER CHARGES ON PACKAGING, CONTAINERS, VEHICLES, AND OTHER MANUFACTURED GOODS, WHICH CHARGES WOULD REFLECT THE COST OF FINAL DISPOSAL, THE VALUE OF RECOVERABLE COMPONENTS OF THE ITEM, AND ANY SOCIAL COSTS ASSOCIATED WITH NONRECYCLING OR UNCONTROLLED DISPOSAL OF SUCH ITEM; AND

"(8) THE LEGAL CONSTRAINTS AND INSTITUTIONAL BARRIERS TO THE ACQUISITION OF LAND NEEDED FOR SOLID WASTE MANAGEMENT, INCLUDING LAND FOR FACILITIES AND DISPOSAL SITES;

"(9) IN CONSULTATION WITH THE SECRETARY OF AGRICULTURE, AGRICULTURAL WASTE MANAGEMENT PROBLEMS AND PRACTICES, THE EXTENT OF REUSE AND RECOVERY OF RESOURCES IN SUCH WASTES, THE PROSPECTS FOR IMPROVEMENT, FEDERAL, STATE, AND LOCAL REGULATIONS GOVERNING SUCH PRACTICES, AND THE ECONOMIC, SOCIAL, AND ENVIRONMENTAL CONSEQUENCES OF SUCH PRACTIES; AND

"(10) IN CONSULTATION WITH THE SECRETARY OF THE INTERIOR, MINING WASTE MANAGEMENT PROBLEMS, AND PRACTICES, INCLUDING AN ASSESSMENT OF EXISTING AUTHORITIES, TECHNOLOGIES, AND ECONOMIES, AND THE ENVIRONMENTAL AND PUBLIC HEALTH CONSEQUENCES OF SUCH PRACTICES.

"(B) DEMONSTRATION. - THE ADMINISTRATOR IS ALSO AUTHORIZED TO CARRY OUT DEMONSTRATION PROJECTS TO TEST AND DEMONSTRATE METHODS AND TECHNIQUES DEVELOPED PURSUANT TO SUBSECTION (A).

"(C) APPLICATION OF OTHER SECTIONS. - SECTION 8001 (B) AND (C) SHALL BE APPLICABLE TO INVESTIGATIONS, STUDIES, AND PROJECTS CARRIED OUT UNDER THIS SECTION.

"GRANTS FOR RESOURCE RECOVERY SYSTEMS AND IMPROVED SOLID WASTE DISPOSAL FACILITIES

"SEC. 8006. (A) AUTHORITY. - THE ADMINISTRATOR IS AUTHORIZED TO MAKE GRANTS PURSUANT TO THIS SECTION TO ANY STATE, MUNICIPAL, OR INTERMUNICIPAL AGENCY FOR THE DEMONSTRATION OF RESOURCE RECOVERY SYSTEMS OR FOR THE CONSTRUCTION OF NEW OR IMPROVED SOLID WASTE DISPOSAL FACILITIES.

"(B) CONDITIONS. - (1) ANY GRANT UNDER THIS SECTION FOR THE SDEMONSTRATION OF A RESOURCE RECOVERY SYSTEM MAY BE MADE ONLY IF IT (A) IS CONSISTENT WITH ANY PLANS WHICH MEET THE REQUIREMENTS OF SUBTITLE D OF THIS ACT; (B) IS CONSISTENT WITH THE GUIDELINES RECOMMENDED PURSUANT TO SECTION 1008 OF THIS ACT; (C) IS DESIGNED TO PROVIDE AREAWIDE RESOURCE RECOVERY SYSTEMS CONSISTENT WITH THE PURPOSES OF THIS ACT, AS DETERMINED BY THE ADMINISTRATOR, PURSUANT TO REGULATIONS PROMULGATED UNDER SUBSECTION (D) OF THIS SECTION; AND (D) PROVIDES AN EQUITABLE SYSTEM FOR DISTRIBUTING THE COSTS ASSOCIATED WITH CONSTRUCTION, OPERATION, AND MAINTENANCE OF ANY RESOURCE RECOVERY SYSTEM AMONG THE USERS OF SUCH SYSTEM.

"(2) THE FEDERAL SHARE FOR ANYPROJECT TO WHICH PARAGRAH (1) APPLIES SHALL NOT BE MORE THAN 75 PERCENT.

"(C) LIMITATIONS. - A GRANT UNDER THIS SECTION FOR THE CONSTRUCTION OF A NEW OR IMPROVED SOLID WASTE DISPOSAL FACILITY MAY BE MADE ONLY IF;

"(A) A STATE OR INTERSTATE PLAN FOR SOLID WASTE DISPOSAL HAS BEEN ADOPTED WHICH APPLIES TO THE AREA INVOLVED, AND THE FACILITY TO BE CONSTRUCTED (I) IS CONSISTENT WITH SUCH PLAN, (II) IS INCLUDED IN A COMPREHENSIVE PLAN FOR THE AREA INVOLVED WHICH IS SATISFACTORY TO THE ADMINISTRATOR FOR THE PURPOSES OF THIS ACT, AND (III) IS CONSISTENT WITH THE GUIDELINES RECOMMENDED UNDER SECTION 1008, AND

"(B) THE PROJECT ADVANCES THE STATE OF THE ART BY APPLYING NEW AND IMPROVED TECHNIQUES IN REDUCING THE ENVIRONMENTAL IMPACT OF SOLID WASTE DISPOSAL, IN ACHIEVING RECOVERY OF ENERGY OR RESOURCES, OR IN RECYCLING USEFUL MATERIALS.

"(2) THE FEDERAL SHARE FOR ANY PROJECT TO WHICH PARAGRAPH (1) APPLIES SHALL BE NOT MORE THAN 50 PERCENT IN THE CASE OF A PROJECT SERVING AN AREA WHICH INCLUDES ONLY ONE MUNICIPALITY, AND NOT MORE THAN 75 PERCENT IN ANY OTHER CASE.

"(D) REGULATIONS. - (1) THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS ESTABLISHING A PROCEDURE FOR AWARDING GRANTS UNDER THIS SECTION WHICH:

"(A) PROVIDES THAT PROJECTS WILL BE CARRIED OUT IN COMMUNITIES OF VARYING SIZES, UNDER SUCH CONDITIONS AS WILL ASSIST IN SOLVING THE COMMUNITY WASTE PROBLEMS OF URBAN INDUSTRIAL CENTERS, METROPOLITAN REGIONS, AND RURAL AREAS, UNDER REPRESENTATIVE GEOGRAPHIC AND ENVIRONMENTAL CONDITIONS; AND

"(B) PROVIDES DEADLINES FOR SUBMISSION OF, AND ACTION ON, GRANT REQUESTS.

"(2) IN TAKING ACTION ON APPLICATIONS FOR GRANTS UNDER THIS SECTION, CONSIDERATION SHALL BE GIVEN BY THE ADMINISTRATOR (A) TO THE PUBLIC BENEFITS TO BE DERIVED BY THE CONSTRUCTION AND THE PROPRIETY OF FEDERAL AID IN MAKING SUCH GRANT; (B) TO THE EXTENT APPLICABLE, TO THE ECONOMIC AND COMMERCIAL VIABILITY OF THE PROJECT (INCLUDING CONTRACTUAL ARRANGEMENTS WITH THE PRIVATE SECTOR TO MARKET ANY RESOURCES RECOVERED); (C) TO THE POTENTIAL OF SUCH PROJECT FOR GENERAL APPLICATION TO COMMUNITY SOLID WASTE DISPOSAL PROBLEMS; AND (D) TO THE USE BY THE APPLICANT OF COMPREHENSIVE REGIONAL OR METROPOLITAN AREA PLANNING.

"(E) ADDITIONAL LIMITATIONS. - A GRANT UNDER THIS SECTION:

"(1) MAY BE MADE ONLY IN THE AMOUNT OF THE FEDERAL SHARE OF (A) THE ESTIMATED TOTAL DESIGN AND CONSTRUCTION COSTS, PLUS (B) IN THE CASE OF A GRANT TO WHICH SUBSECTION (B)(1) APPLIES, THE FIRST-YEAR OPERATION AND MAINTENANCE COSTS;

"(2) MAY NOT BE PROVIDED FOR LAND ACQUISITION OR (EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (1)(B) FOR OPERATING OR MAINTENANCE COSTS;

"(3) MAY NOT BE MADE UNTIL THE APPLICANT HAS MADE PROVISION SATISFACTORY TO THE ADMINISTRATOR FOR PROPER AND EFFICIENT OPERATION AND MAINTENANCE OF THE PROJECT (SUBJECT TO PARAGRAPH (1)(B); AND

"(4) MAY BE MADE SUBJECT TO SUCH CONDITIONS AND REQUIREMENTS, IN ADDITION TO THOSE PROVIDED IN THIS SECTION, AS THE ADMINISTRATOR MAY REQUIRE TO PROPERLY CARRY OUT HIS FUNCTIONS PURSUANT TO THIS ACT.

FOR PURPOSES OF PARAGRAPH (1), THE NON-FEDERAL SHARE MAY BE IN ANY FORM, INCLUDING, BUT NOT LIMITED TO, LANDS OR INTERESTS THEREIN NEEDED FOR THE PROJECT OR PERSONAL PROPERTY OR SERVICES, THE VALUE OF WHICH SHALL BE DETERMINED BY THE ADMINISTRATOR.

"(F) SINGLE STATE. - (1) NOT MORE THAN 15 PERCENT OF THE TOTAL OF FUNDS AUTHORIZED TO BE APPROPRIATED FOR ANY FISCAL YEAR TO CARRY OUT THIS SECTION SHALL BE GRANTED UNDER THIS SECTION FOR PROJECTS IN ANY ONE STATE.

"(2) THE ADMINISTRATOR. - SHALL PRESCRIBE BY REGULATION THE MANNER IN WHICH THIS SUBSECTION SHALL APPLY TO A GRANT UNDER THIS SECTION FOR A PROJECT IN AN AREA WHICH INCLUDES ALL OR PART OF MORE THAN ONE STATE.

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 8007. THERE ARE AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $35,000,000 FOR THE FISCAL YEAR 1978 TO CARRY OUT THE PURPOSES OF THIS SUBTITLE (EXCEPT FOR SECTION 8002).".

SOLID WASTE CLEANPU OF FEDERAL LANDS IN ALASKA

"SEC. 3. (A) THE PRESIDENT SHALL DIRECT SUCH EXECUTIVE DEPARTMENTS OR AGENCIES AS HE MAY DEEM APPROPRIATE TO CONDUCT A STUDY, IN CONSULTATION WITH REPRESENTATIVES OF THE STATE OF ALASKA AND THE APPROPRIATE NATIVE ORGANIZATIONS, TO DETERMINE THE BEST OVERALL PROCEDURES FOR REMOVING EXISTING SOLID WASTE ON FEDERAL LANDS IN ALSAKS. 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.

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(B) THE PRESIDENT SHALL SUBMIT A REPORT OF THE RESULTS TOGETHER WITH APPROPRIATE SUPPORTING DATA AND SUCH RECOMMENDATIONS AS HE DEEMS DESIRABEL TO THE COMMITTED ON PUBLIC WORKS OF THE SENATE AND TO THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE OF REPRESENTATIVES 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, RECOMMENDED 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 BY THIS SECTION SHALL BE DESIGNED BY THE NEW CASTLE COUNTY AREAWIDE WASTE TREATMENT MANAGEMENT PROGRAM, IN COOPERATION WITH THE ENVIRONMENTAL PROTECTION AGENCY, TO DEVELOP MEHTODS FOR CONTROLLING LEACHATE CONTAMINATION FROM ABANDONED AND OTHER LANDFILLS THAT MAY BE APPLIED AT THE LLANGOLLEN LANDFILL AND AT OTHER LANDFILLS THROUGHOUT THE NATIONA. SUCH RESEARCH PROGRAM SHALL INVESTIGATE ALL ALTERNATIVE SOLUTIONS OR CORRECTIVE 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 TRASNPORTATION OF THE REFUSE TO ANOTHER LANDFILL; AND

(4) COLLECTION AND TREATMENT OF CONTAMINATED LEACHATE OR GROUND WATER.

SUCH RESEARCH PROGRAM SHALL CONSIDER THE ECONOMIC, SOCIAL, AND ENVIORNMENTAL 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 ADMINISTRATOR MAY PROVIDE 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 SUPPLIES DURING THE PERIOD OF THIS STUDY, THE ADMINISTRATOR OF THE ENVIRONMENTAL 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 COUNTER-PUMPING PROGRAM TO CONTAIN THE LEACHATE FROM THE LLANGOLLEN LANDFILL.

MR. ROONEY. MR. CHAIRMAN, THIS AMENDMENT IS IN THE NATURE OF A SUBSTITUTE FOR THE TEXT OF H.R. 14496.

THIS SUBSTITUTE TEXT IS BASICALLY THE SAME STRUCTURE AS THE TEXT OF H.R. 14496 EXCEPT THAT IT IS AN AMENDMENT TO THE SOLID WASTE DISPOSAL ACT RATHER THAN A FREESTANDING PIECE OF LEGISLATION.

THIS SUBSTITUTE TEXT IS AGREED UPON BY BOTH THE MAJORITY AND MINORITY OF THE COMMITTEE AND I HAVE RECEIVED POSITIVE INDICATIONS FROM THE SENATE PUBLIC WORKS COMMITTEE THAT THIS SUBSTITUTE WILL BE ACCEPTABLE TO THEM.

AS STATED THE SUBSTITUTE IS BASICALLY THE SAME AS H.R. 14496, WITH THE PRINCIPAL DIFFERENCES BEING:

FIRST. IT'S AN AMENDMENT TO THE SOLID WASTE DISPOSAL ACT RATHER THAN FREE STANDING;

SECOND. IT TAKES THE SENATE DEFINITON OF RESOURCE CONSERVATION;

THIRD. IT ADDS $25 MILLION A YEAR FOR GRANTS TO RURAL COMMUNITIES;

FOURTH. PERMITS STATES TO DEVELOP THEIR OWN SCHEDULE FOR CLOSING OPEN DUMPS WITHIN A 5-YEAR PERIOD RATHER THAN REQUIRING EACH STATE TO CLOSE UP ITS OPEN DUMPS AT THE RATE OF 20 PERCENT PER YEAR; AND

FIFTH. REQUIRES FEDERAL FACILITIES TO COMPLY WITH STATE AND LOCAL SOLID WASTE PLANS.

FOR THE ABOVE REASONS I RECOMMEND THIS AMENDMENT PASS.

MR. DU PONT. MR. CHAIRMAN, I MOVE TO STRIKE THE LAST WORD.

MR. CHAIRMAN. THERE IS AN EXTREMELY SERIOUS PROBLEM IN NEW CASTLE COUNTY, DEL., BECAUSE THE LLANGOLLEN ESTATES REFUSE SITE IS POLLUTING THE AQUIFER THAT MANY RESIDENTS OF NEW CASTLE COUNTY DEPEND UPON FOR DRINKING WATER.

THE LEACHATE FROM THE ABANDONED LLANGOLLEN LANDFILL HAS CONTAMINATED SEVERAL PRIVATE WELLS AND IS ENDANGERING A NEARBY PUBLIC WATER SUPPLY WELLFIELD, WHICH HAS PRODUCED UP TO 4.5 MILLION GALLONS PER DAY, AND AN INDUSTRIAL WELLFIELD WITH A YIELD OF ALMOST 2 MILLION GALLONS PER DAY.

IN FACT, THE INDUSTRIAL WELLS ARE ALREADY SHOWING EVIDENCE OF LEACHATE CONTAMINATION.

THE LLANGOLLEN LANDFILL IS LOCATED APPROXIMATELY 2 MILES SOUTHWEST OF THE CITY OF NEW CASTLE. IT WAS SITED IN A SAND AND GRAVEL PIT AND WAS OPERATED FOR THE COUNTY AS A RECEPTACLE FOR MUNICIPAL AND INDUSTRIAL WASTES, INCLUDING LIQUID CHEMICAL WASTES. MORE THAN 2 MILLION CUBIC YARDS OF WASTES WERE DEPOSITED IN THIS 56-ACRE LANDFILL BETWEEN 1960 AND 1968. SUBSEQUENT GEOLOGIC INVESTIGATIONS HAVE CONFIRMED THAT PORTIONS OF THE LANDFILL LIE ON TOP OF SANDS THAT ARE INCLINED SOUTHEASTWARD AND PROVIDE RECHARGE INTO THE WELLFIELDS. PUMPAGE FROM THE LARGE WELLS OF ARTESIAN WATER CO., AND THE AMOCO CHEMICAL CORP. HAS CREATED DEPRESSIONS WHICH PROVIDE FOR THE MIGRATION OF THE LEACHATE-POLLUTED WATER FROM THE LANDFILL TOWARD THE WELLS.

SINCE THE DISCOVERY OF LEACHATE IN THE AQUIFER IN THE SPRING OF 1972, THE POLLUTANT CONCENTRATIONS HAVE INCREASED MARKEDLY AND THE EXTENT OF CONTAMINATION WITHIN THE AQUIFER HAS GROWN. REALIZING THE IMMINENT THREAT TO THE WELLS, THE COUNTY INSTALLED RECOVERY WELLS BETWEEN THE LANDFILL AND THE ARTESIAN WATER CO. WELLFIELD IN HOPES OF RESTRICTING FURTHER LEACHATE MIGRATION. THIS ACTION BY THE COUNTY, COMBINED WITH THE EFFECTS OF PUMPING RESTRICTIONS AT THE ARTESIAN HAVE TEMPORARILY STABLIZED THE LEACHATE MOVEMENT.

THESE MEASURES CAN ONLY BE CONSIDERED TEMPORARY, HOWEVER, CONSULTANTS FOR THE COUNTY HAVE INVESTIGATED SEVERAL ALTERNATIVE ACTIONS, BUT, DUE TO A VARIETY OF FACTORS, LITTLE HEADWAY HAD BEEN MADE TOWARD IMPLEMENTING A FINAL SOLUTION. IT IS IMPORTANT TO NOTE THAT THE ALTERNATIVE OF ABANDONING THE AQUIFER WAS NOT CONSIDERED A VIABLE OPTION IN LIGHT OF THE EXISTING WATER SUPPLY PROBLEMS IN THE COUNTY. THREE BASIC ALTERNATIVES WERE EXPLORED AS POSSIBLE SOLUTIONS TO THE AQUIFER CONTAMINATION: FIRST, HYDROGEOLOGIC ISOLATION OF THE LANDFILL COMBINED WITH THE COLLECTION AND TREATMENT OF LEACHATE; SECOND, EXCAVATION OF THE REFUSE, FOLLOWED BY SOME TYPE OF INCINERATION; AND, THIRD, EXCAVATION AND TRANSPORTATION OF THE REFUSE TO ANOTHER LANDFILL OR THE OCEAN. THE THREE ALTERNATIVES HAVE TWO OUTSTANDING SIMILARITIES: ONE BEING THAT THEIR FEASIBILITY IS DOUBTFUL, AND THE OTHER, THE TREMENDOUS COSTS ASSOCIATED WITH EACH.

UNCERTAINTY EXISTS AS TO THE EFFECTIVENESS OF HYDROGEOLOGIC ISOLATION OF THE LANDFILL IN PROVIDING A FINAL SOLUTION TO THE AQUIFIER DEGRADATION WITHIN A DEFINITE PERIOD OR TIME. THIS DOUBT STEMS FROM A LACK OF KNOWLEDGE ABOUT THE "LIFE SPAN" OF THE REFUSE IN TERMS OF LEACHAGE-GENERATION CAPABILITIES. THE CAPITAL AND OPERATING COSTS ARE CONSERVATIVELY ESTIMATED AT $15 MILLION AT PRESENT VALUE. ONSITE INCINERATION, THE SECOND ALTERNATIVE CONSIDERED, INVOLVES CAPITAL COSTS RANGING FROM $15 TO $25 MILLION. SEVERAL INCINERATION TECHNIQUES WERE PRELIMINARILY EVALUATED BY THE COUNTY'S CONSULTANT, INCLUDING CONVENTIONAL AND STEAM-GENERATING INCINERATORS, THE UNION CARBIDE PUROX SYSTEM, FLUID-BED INCINERATION, AND THE BLACK CLAWSON HYDRO-DISPOSAL SYSTEM.

SERIOUS QUESTIONS REMAIN ABOUT THE TECHNICAL FEASIBILITY OF ALL OF THEM. WHILE THE THIRD ALTERNATIVE NOTED IS THE LEAST EXPENSIVE, ABOUT $10 MILLION, AND OFFERS A RELATIVELY RAPID ABSOLUTE SOLUTION, ITS USE ENTAILS SERIOUS ENVIRONMENTAL AND POLITICAL PROBLEMS. REMOVAL TO AN EXISTING LANDFILL WOULD REQUIRE EXTENSIVE ENVIRONMENTAL CONTROLS AND WOULD RESULT IN AN EARLY RETIREMENT OF THAT LANDFILL. CONSTRUCTION OF A NEW LANDFILL TO RECEIVE THE REFUSE WOULD REQUIRE EXTENSIVE CONTROLS, AND WOULD CERTAINLY ENCOUNTER INTENSE POLITICAL OPPOSITION. IN ADDITION, THE PROBLEMS ASSOCIATED WITH TRANSPORTING SUCH HIGHLY OFFENSIVE MATERIAL THROUGH POPULATED AREAS IS OBVIOUS.

TO DATE, NEW CASTLE COUNTY HAS SPENT ALMOST $2 MILLION IN STUDYING AND MONITORING THE PROBLEM, AND IN PROVIDING TEMPORARY ABATEMENT MEASURES. THESE COSTS PLUS MINIMUM CORRECTIVE COSTS OF AT LEAST $10 MILLION ARE STILL MUCH LESS THAN THE OVERALL LONG-TERM COSTS OF ABANDONING THE AQUIFIER, IN TERMS OF DAMAGE AND REPLACEMENT COSTS. THUS, WHILE THE NEED FOR CORRECTING THE SITUATION IS FULLY APPRECIATED, THE AFFECTED JURISDICTIONS ARE HESITANT TO COMMIT THE ADDITIONAL LARGE AMOUNTS OF MONEY REQUIRED - $10 TO $25 MILLION - PARTICULARLY FOR ACTIONS WHICH MAY NOT PROVIDE A SATISFACTORY SOLUTION. THERE IS A DEFINITE NEED FOR FURTHER STUDY OF THE POSSIBLE SOLUTIONS TO THIS PROBLEM.

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MEASURES TO CONTROL THE PRODUCTION AND MOVEMENT OF LEACHATE FROM COMPLETED LANDFILLS ARE HIGHLY EXPERIMENTAL WITH VERY LITTLE STUDY ACCOMPLISHED BEYOND THE HYPOTHETICAL STAGE. THE INFORMATION AND MONITORING DATA ALREADY COLLECTED AT LLANGOLLEN PROVIDE A SIGNIFICANT BASE UPON WHICH ALTERNATIVES CAN BE DEVELOPED THAT WOULD BE APPLICABLE FOR USE IN HANDLING LEACHATE PROBLEMS IN OTHER AREAS OF THE COUNTRY.

I WAS PREPARED TO OFFER AN AMENDMENT TO AUTHORIZE A TOTAL OF $650,000 OF WHICH $250,000 WILL BE ALLOCATED TO ACCOMPLISHING A TECHNICAL, THOROUGH STUDY OF THE LLANGOLLEN LANDFILL PROBLEM. THIS STUDY SHOULD BE STRUCTURED IN SUCH A WAY AS TO NOT ONLY PROVIDE THE SAFEST, MOST PRACTICAL SOLUTION TO THE PROBLEM, BUT THAT SHOULD ALSO EXTEND THE EXPERIENCES AND INFORMATION LEARNED IN THIS STUDY TO THE NATIONAL IMPLICATIONS OF THE LANDFILL LEACHATE PROBLEM. WHILE THE LEACHATE PROBLEM IN NEW CASTLE COUNTY HAS BEEN IDENTIFIED BY EPA SOLID WASTE STAFF AS ONE OF THE WORST IN THE COUNTRY, EPA IS CERTAIN THAT THIS PROBLEM IS NOT UNIQUE.

HOPEFULLY, WHAT WE LEARN FROM THE NEW CASTLE COUNTY EXPERIENCE WILL ENABLE OTHER AREAS TO BETTER COPE WITH THE PROBLEM. THE OTHER $400,000 AUTHORIZED IN THE AMENDMENT WILL GO TO PAY THE OPERATING COSTS TO CONTAIN THE LEACHATE FOR 2 MORE YEARS, SINCE THE COUNTY HAS ALREADY SPENT $2 MILLION AND CANNOT REALLY JUSTIFY ADDITIONAL EXPENDITURES FOR INTERIM MEASURES. THE STUDY IS TO BE CONDUCTED UNDER THE JOINT COOPERATION OF NEW CASTLE COUNTY AND THE ENVIRONMENTAL PROTECTION AGENCY.

MR. CHAIRMAN, I APPRECIATE THE COOPERATION OF THE COMMITTEE IN INCLUDING THE AMENDMENT I WAS GOING TO OFFER IN THE COMMITTEE SUBSTITUTE, SO THAT IT WILL BECOME LAW.

I URGE MY COLLEAGUES TO SUPPORT THE BILL.

MR. CHAIRMAN, IF I MIGHT HAVE THE ATTENTION OF THE GENTLEMAN FROM PENNSYLVANIA (MR. ROONEY), I WAS PREPARED TO OFFER AN AMENDMENT CONCERNING THE PROBLEMS OF THE LLANGOLLEN LAND BILL IN NEW CASTLE, DEL., BUT I HAVE HAD AN OPPORTUNITY TO READ THE SUBSTITUTE AMENDMENT OFFERED BY THE GENTLEMAN FROM PENNSYLVANIA (MR. ROONEY) WHICH IS NOW PENDING.

IT IS MY UNDERSTANDING THAT THE TEXT OF MY AMENDMENT, WHICH WAS INDEED THE LANGUAGE ADOPTED BY THE SENATE AND PASSED IN ITS BILL, HAS BEEN INCLUDED IN THE GENTLEMAN'S AMENDMENT; IS THAT CORRECT?

MR. ROONEY. MR. CHAIRMAN, IF THE GENTLEMAN WILL YIELD, I APPRECIATE THE GENTLEMAN'S BRINGING THAT TO MY ATTENTION. THE LANGUAGE IS INCLUDED IN THE SENATE VERSION AND IN THE SUBSTITUTE.

MR. DU PONT. MR. CHAIRMAN, I THANK THE GENTLEMAN.

MR. BROWN OF CALIFORNIA. MR. CHAIRMAN, I RISE IN SUPPORT OF THE AMENDMENT IN THE NATURE OF A SUBSTITUTE OFFERED BY THE GENTLEMAN FROM PENNSYLVANIA (MR. ROONEY).

MR. CHAIRMAN, I HAVE HAD THE OPPORTUNITY TO REVIEW THE SUBSTITUTE WHICH HAS BEEN DRAFTED AND SUBMITTED IN AN EFFORT TO EXPEDITE THE CONSIDERATION OF THE SLIGHTLY DIFFERENT VIEWS OF THE SENATE. CONSIDERING THE VERY LATE TIME IN THIS SESSION THIS AMENDMENT WILL HELP US TO GET SENATE CONCURRENCE AND TO GET THE BILL ON THE PRESIDENT'S DESK. MR. CHAIRMAN, I AM REASONABLY SURE THAT HE WILL WANT TO SIGN IT.

MR. CHAIRMAN, THE SUBSTITUTE IS AN EXCELLENT SUBSTITUTE, AND I AM THOROUGHLY IN SUPPORT OF IT.

THE CHAIRMAN. THE QUESTION IS ON THE AMENDMENT IN THE NATURE OF A SUBSTITUTE OFFERED BY THE GENTLEMAN FROM PENNSYLVANIA (MR. ROONEY),

THE AMENDMENT IN THE NATURE OF A SUBSTITUTE WAS AGREED TO.

THE CHAIRMAN. THE QUESTION IS ON THE COMMITTEE AMENDMENT IN THE NATURE OF A SUBSTITUTE, AS AMENDED.

THE COMMITTEE AMENDMENT IN THE NATURE OF A SUBSTITUTE, AS AMENDED, WAS AGREED TO.

THE CHAIRMAN. UNDER THE RULE, THE COMMITTEE RISES.

ACCORDINGLY THE COMMITTEE ROSE; AND THE SPEAKER PRO TEMPORE (MR. SISK) HAVING ASSUMED THE CHAIR, MR. MCKAY, CHAIRMAN OF THE COMMITTEE OF THE WHOLE HOUSE ON THE STATE OF THE UNION, REPORTED THAT THE COMMITTEE, HAVING HAD UNDER CONSIDERATION THE BILL (H.R. 14496) TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF MANAGEMENT PLANS AND FACILITIES FOR THE RECOVERY OF ENERGY AND OTHER RESOURCES FROM DISCARDED MATERIALS AND FOR THE SAFE DISPOSAL OF DISCARDED MATERIALS AND TO REGULATE THE MANAGEMENT OF HAZARDOUS WASTE, PURSUANT TO HOUSE RESOLUTION 1533, HE REPORTED THE BILL BACK TO THE HOUSE WITH AN AMENDMENT ADOPTED BY THE COMMITTEE OF THE WHOLE.

THE SPEAKER PRO TEMPORE. UNDER THE RULE, THE PREVIOUS QUESTION IS ORDERED.

IS A SEPARATE VOTE DEMANDED ON THE AMENDMENT TO THE COMMITTEE AMENDMENT IN THE NATURE OF A SUBSTITUTE ADOPTED BY THE COMMITTEE OF THE WHOLE? IF NOT, THE QUESTION IS ON THE AMENDMENT.

THE AMENDMENT WAS AGREED TO.

THE SPEAKER PRO TEMPORE. THE QUESTION IS ON THE ENGROSSMENT AND THIRD READING OF THE BILL.

THE BILL WAS ORDERED TO BE ENGROSSED AND READ A THIRD TIME, AND WAS READ THE THIRD TIME.

THE SPEAKER PRO TEMPORE. THE QUESTION IS ON THE PASSAGE OF THE BILL.

THE QUESTION WAS TAKEN; AND THE SPEAKER PRO TEMPORE ANNOUNCED THAT THE AYES APPEARS TO HAVE IT.

MR. DU PONT. MR. SPEAKER, I OBJECT TO THE VOTE ON THE GROUND THAT A QUORUM IS NOT PRESENT AND MAKE THE POINT OF ORDER THAT A QUORUM IS NOT PRESENT.

THE SPEAKER PRO TEMPORE. EVIDENTLY A QUORUM IS NOT PRESENT.

THE SERGEANT AT ARMS WILL NOTIFY ABSENT MEMBERS.

THE VOTE WAS TAKEN BY ELECTRONIC DEVICE, AND THERE WERE YEAS 367, NAYS 8, NOT VOTING 55, AS FOLLOWS:

(ROLL NO. 812) YEAS -- 367

ABZUG ANDREWS, N.C. ARMSTRONG

ADAMS ANDREWS, N. DAK. ASHBROOK

ADDABBO ASHLEY

ALLEN ANNUNZIO ASPIN

AMBRO ARCHER BADILLO

BAFALIS FLOWERS MAZZOLI

BALDUS FOLEY MEEDS

BAUCUS FORD, MICH. MELCHER

BAUMAN FORSYTHE METCALFE

BEARD, R.I. FOUNTAIN MEYNER

BEARD, TENN. FRASER MEZVINSKY

BENNETT FRENZEL MICHEL

BERGLAND FREY MIKVA

BEVIL FUQUA MILFORD

BIAGGI GAYDOS MILLER, CALIF.

BIESTER GIAIMO MILLER, OHIO

BINGHAM GIBBONS MILLS

BLANCHARD GILLMAN MINETA

BLOUIN GINN MINISH

BOLAND GOLDWATER MITCHELL, MD.

BOLLING GONZALEZ MITCHELL, N.Y.

BONKER GOODLING MOAKLEY

BOWEN GRADISON MOFFETT

BRADEMAS GRASSLEY MOLLOHAN

BREAUX GUYER MONTGOMERY

BRECKINRIDGE HAGEDORN MOORE

BRINKLEY HALL, ILL. MOORHEAD,CALIF.

BRODHEAD HALL, TEX.

BROOKS HAMILTON MOORHEAD, PA.

BROWN, CALIF. HAMMERSCHMIDT MORGAN

BROWN, MICH. MOSHER

BROWN, OHIO HANLEY MOTTL

BROYHILL HANNAFORD MURPHY, ILL.

BUCHANAN HARKIN MURTHA

BURGENER HARRINGTON MYERS, INC.

BURKE, CALIF. HARRIS MYERS, PA.

BURKE, MASS. HARSHA NATCHER

BURLESON, TEX. HAWKINS NEAL

BURLISON, MO. HAYES, IND. NEDZI

BURTON, JOHN HECHLER, W.VA. NICHOLS

BURTON, PHILLIP HECKLER, MASS. NOWAK

BUTLER HEFNER OBERSTAR

BYRON HELSTOSKI OBEY

CARNEY HENDERSON O'BRIEN

CARR HICKS O'HARA

CARTER HIGHTOWER O'NEILL

CEDERBERG HILLIS OTTINGER

CHSHOLM HOLT PATTEN, N.J.

CLANCY HOLTZMAN PATTERSON, CALIF.

CLAUSEN, DON H. HORTON HOWARD

CLAWSON, DEL HOWE PERKINS

CLAY HUBBARD PETTIS

CLEVELAND HUNGATE PICKLE

COCHRAN HYDE PIKE

COHEN ICHORD POAGE

COLLINS, ILL. JACOBS PRESSLER

COLLINS, TEX. JEFFORDS PREYER

CONABLE JENRETTE PRICE

CONLAN JOHNSON, CALIF. PRITCHARD

CONTE JOHNSON, COLO. QUIE

CONYERS JOHNSON, PA. QUILLEN

CORMAN JONES, ALA. RAILSBACK

CORNELL JONES, N.C. RANDALL

COTTER JONES, OKLA. RANGEL

D'AMOURS JONES, TENN. REES

DANIEL, DAN JORDAN REGULA

DANIEL, R.W. KARTH REUSS

DANIELS, N. J. KASTEN RHODES

DAVIS KASTENMEIER RICHMOND

DE LA GARZA KAZEN RINALDO

DELANEY KEMP RISENHOOVER

DELLUMS KETCHUM ROBERTS

DENT KEYS ROBINSON

DERRICK KINDNESS RODINO

DERWINSKI KOCH ROE

DEVINE KREBS ROGERS

DICKINSON KRUEGER RONCALLO

DIGGS LAFALCE ROONEY

DINGELL LAGOMARSINO ROSE

DODD LANDRUM ROSENTHAL

DOWNEY, N.Y. LATTA ROSTENKOWSKI

DOWNING, VA. LEGGETT ROUSH

DRINAN LEHMAN ROUSSELOT

DUNCAN, TENN. LEVITAS ROYBAL

DU PONT LLOYD, CALIF. RUNNELS

EARLY LLOYD, TENN. RUPPE

ECKHARDT LONG;, LA. RYAN

EDGAR LONG, MD. ST GERMAIN

EDWARDS, ALA. LOTT SARASIN

EDWARDS, CALIF. LUJAN SATTERFIELD

EILBERG LUNDINE SCHNEEBELI

EMERY MCCLORY SCHROEDER

ENGLISH MCCLOSKEY SCHULZE

ERIENBORN MCEWEN SEBELIUS

EVANS, IND. MCFALL SEIBERLING

EVINS, TENN. MCHUGH SHARP

FARY MCKAY SHIPLEY

FASCELL MCKINNEY SHRIVER

FENWICK MADDEN SHUSTER

FINDLEY MADIGAN SIKES

FISH MAGUIRE SIMON

FISHER MAHON SISK

FITHIAN MANN SKUBITZ

FLOOD MARTIN SLACK

FLORIO MATHIS SMITH, IOWA

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SMITH, NEBR. TAYLOR, N.C. WHITE

SNYDER TEAGUE WHITEHURST

SOLARZ THOMPSON WHITTEN

SPELLMAN THONE WIGGINS

SPENCE THORNTON WILSON, BOB

STAGGERS TRAXLER WILSON, C. H.

STANTON, TREEN WILSON, TEX.

J. WILLIAM TSONGAS WINN

STANTON, UDALL WIRTH

JAMES V. VAN DEERLIN WOLFF

STARK VANDER JAGT WYDLER

STEED VANDER VEEN WYLIE

STEPHENS VANIK YATES

STOKES VIGORITO YATRON

STRATTON WAGGONNER YOUNG, FLA.

STUCKEY WALSH YOUNG, GA.

STUDDS WAXMAN YOUNG, TEX.

SULLIVAN WEAVER ZABIOCKI

SYMINGTON WHALEN

NAYS -- 8

ABDNOR KELLY SYMMS

HANSEN MCDONALD TAYLOR, MO.

HUTCHINSON PAUL

NOT VOTING -- 55

ALEXANDER FORD, TENN. NOLAN

ANDERSON, GREEN PASSMAN

CALIF. GUDE PEPPER

ANDERSON, ILL. HALEY PEYSER

AUCOIN HEBERT RIEGLE

BEDELL HEINZ RUSSO

BELL HINSHAW SANTINI

BOGGS HOLLAND SARBANES

BLOOMFIELD HUGHES SCHEUER

BURKE, FLA. JARMAN STEELMAN

CHAPPELL LENT STEIGER, ARIZ.

COUGHLIN MCCOLLISTER STEIGER, WIS.

CRANE MCCORMACK TALCOTT

DANIELSON MCDADE ULLMAN

DUNCAN, OREG. MATSUNAGA WAMPLER

EACH MINK WRIGHT

ESHLEMAN MOSS YOUNG, ALASKA

EVANS, COLO. MURPHY, N.Y. ZEFERETTI

FLYNT NIX

THE CLERK ANNOUNCED THE FOLLOWING PAIRS:

MRS. BOGGS WITH MR. ANDERSON OF ILLINOIS.

MR. MATSUNAGA WITH MR. YOUNG OF ALASKA.

MR. ZEFERETTI WITH MR. BELL.

MR. RUSSO WITH MR. HEINZ.

MR. PEPPER WITH MR. WAMPLER.

MR. HEBERT WITH MR. REIGLE.

MR. CHAPPELL WITH MR. HALEY.

MR. DANIELSON WITH MR. JARMAN.

MR. EVANS OF COLORADO WITH MR. MCCOLLISTER.

MR. FLYNT WITH MR. STEIGER OF ARIZONA.

MR. FORD OF TENNESSEE WITH MR. ESHLEMAN.

MR. MCCORMACK WITH MR. GUDE.

MR. MURPHY OF NEW YORK WITH MR. CRANE.

MRS. MINK WITH MR. GREEN.

MR. MOSS WITH MR. ESCH.

MR. NIX WITH MR. LENT.

MR. AUCOIN WITH MR. BURKE OF FLORIDA.

MR. HUGHES WITH MR. DUNCAN OF OREGON.

MR. ANDERSON OF CALIFORNIA WITH MR. MCDADE.

MR. ALEXANDER WITH MR. BROOMFIELD.

MR. SANTINI WITH MR. SARBANES.

MR. HOLLAND WITH MR. TALCOTT.

MR. NOLAN WITH MR. SCHEUER.

MR. PASSMAN WITH MR. PEYSER.

MR. ULLMAN WITH MR. STEELMAN.

MR. WRIGHT WITH MR. STEIGER OF WISCONSIN.

MR. BEDELL WITH MR. COUGHLIN.

MRS. LLOYD OF TENNESSEE CHANGED HER VOTE FROM "NAY" TO "YES."

SO THE BILL WAS PASSED.

THE RESULT OF THE VOTE WAS ANNOUNCED AS ABOVE RECORDED.

A MOTION TO RECONSIDER WAS LAID ON THE TABLE.

THE SPEAKER PRO TEMPORE (MR. MCFALL). PURSUANT TO THE PROVISION OF HOUSE RESOLUTION 1533, THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE IS DISCHARGED FROM THE FURTHER CONSIDERATION OF THE SENATE BILL (S. 2150) TO MEND THE SOLID WASTE DISPOSAL ACT TO AUTHORIZE STATE PROGRAM AND IMPLEMNETATION GRANTS, TO PROVIDE INCENTIVES FOR THE RECOVERY OF RESOURCES FROM SOLID WASTES, TO CONTROL THE DISPOSAL OF HAZARDOUS WASTES, AND FOR OTHER PURPOSES.

THE CLERK READ THE TITLE OF THE SENATE BILL.

MOTION OFFERED BY MR. STAGGERS

MR. STAGGERS. MR. SPEAKER, I OFFER A MOTION.

THE CLERK READ AS FOLLOWS;

MR. STAGGERS MOVES TO STRIKE OUT ALL AFTER THE ENACTING CLAUSE OF THE SENATE BILL, S. 2150, AND INSERT IN LIEU THEREOF THE PROVISIONS OF THE BILL, H.R. 14496, AS PASSED.

THE MOTION WAS AGREED TO.

THE SENATE BILL WAS ORDERED TO BE READ A THIRD TIME, WAS READ THE THIRD TIME, AND PASSED.

THE TITLE WAS AMENDED SO AS TO READ: "TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF MANAGEMENT PLANS AND FACILITIES FOR THE RECOVERY OF ENERGY AND OTHER RESOURCES FROM DISCARDED MATERIALS AND FOR THE SAFE DISPOSAL OF DISCARDED MATERIALS, AND TO REGULATE THE MANAGEMENT OF HAZARDOUS WASTE."

A MOTION TO RECONSIDER WAS LAID ON THE TABLE.

A SIMILAR HOUSE BILL, H.R. 14406, WAS LAID ON THE TABLE.

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COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE HARLEY O. STAGGERS, WEST VIRGINIA, CHAIRMAN

JOHN E. MOSS, CALIFORNIA

JOHN D. DINGELL, MICHIGAN

PAUL G. ROGERS, FLORIDA

LIONEL VAN DEERLIN, CALIFORNIA

FRED B. ROONEY, PENNSYLVANIA

JOHN M. MURPHY, NEW YORK

DAVID E. SATTERFIELDIII, VIRGINIA

BROCK ADAMS, WASHINGTON

W. S. BILL STUCKEY, JR., GEORGIA

BOB ACKHARDT, TEXAS

RICHARDSON PREYER, NORTH CAROLINA

JAMES W. SYMINGTON, MISSOURI

CHARLES J. CARNEY, OHIO

RALPH H. METCALFE, ILLINOIS

GOODDOE E. BRYRON, MARYLAND

JAMES H. SCHEUR, NEW YORK

RICHARD L. OTTINGER, NEW YORK

HENRY A WAXMAN, CALIFORNIA

ROBERT (BOB) KRUEGER, TEXAS

TIMOTHY E. WIRTH, COLORADO

PHILIP R. SHARP, INDIANA

WILLIAM M. BRODHEAD, MICHIGAN

JAMES J. FLORIO, NEW JERSEY

ANTHONY TOBY MOFFETT, CONNECTICUT

JIM S. NTINI NEVADA

ANDREW MAGUIRE, NEW JERSEY

MARTIN A. RUSSO, ILLINOIS

SAMUEL L. DEVINE, OHIO

JAMES TO BROYHILL, NORTH CAROLINA

TIM LEE CARTER, KENTUCKY

CLARENCE J. BROWN, OHIO

JOE SKUBITZ, KANSAS

JAMES M. COLLINS, TEXAS

LOU.S FREY, JR., FLORIDA

JOHN Y. MCCOLLISTER, NEBRASKA

NORMAN F. LENT, NEW YORK

H. JOHN HEINZ III, PENNSYLVANIA

EDWARE R. MADIGAN, ILLINOIS

CARLOS J. MOORHEAD, CALIFORNIA

MATTHEW J. RINALDO, NEW JERSEY

W. HENSON MOORE, LOUISIANA

W. E. WILLIAMSOH, CLERK

KENNETH J. PAINTER, ASSISTANT CLERK

PROFESSIONA STAFF

CHARLES B. CURTIS

LEE S. HYDE

ELIZABETH HARRISON

JEFFREY H. SCHWARTZ

WILLIAM P. ADAMS

ROBERT R. NORDHAUS

BRIAN R. MOIR

KAREN NELSON

MARGOR DINNEEN

MINORITY PROFESSIONAL STAFF

LEWIS BERRY

JAN BENES VLCEL

J. PAUL MALLOY

RONALD D. COLMAN

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MR. STAGGERS, FROM THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, SUBMITTED THE FOLLOWING:

REPORT (TO ACCOMPANY H.R. 14496)

THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, TO WHOM WAS REFERRED THE BILL (H.R. 14496) TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF MANAGEMENT PLANS AND FACILITIES FOR THE RECOVERY OF ENERGY AND OTER RESOURCES FROM DISCARDED MATERIALS AND FOR THE SAFE DISPOSAL OF DISCARDED MATERIALS, AND TO REGULATE THE MANAGEMENT OF HAZARDOUS WASTE, HAVING CONSIDERED THE SAME, REPORT FAVORABLY THEREON WITH AN AMENDMENT AND RECOMMEND THAT THE BILL AS AMENDED DO PASS.

THE AMENDMENT STRIKES OUT ALL AFTER THE ENACTING CLAUSE AND INSERTS IN LIEU THEREOF A SUSUBSTITUTE TEXT WHICH APPEARS IN ITALIC TYPE IN THE REPORTED BILL.

PART I INTRODUCTION TO THE REPORT

THIS REPORT IS THE WORK PRODUCT OF TWO COMMITTEES, THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE AND TE COMMITTEE ON SCIENCE AND TECNOLOGY. BOTH COMMITTEES HAVE TAKEN INTO ACCOUNT THE OVERSIGHT FINDINGS AND THE RECOMMENDATIONS OF THE COMMITTEE ON GOVERNMENT OPERATIONS WHICH ARE SEPARATELY PRESENTED IN THIS REPORT.

BOT LEGISLATIVE COMMITTEES UNDERTOOK WORK IN THE AREA OF DISCARDED MATERIALS AND HAZARDOUS WASTE MANAGEMENT SINCE BOTH COMMITTEES HAVE JURISDICTION OVER DIFFERENT ASPECTS OF THE SAME PROBLEM. THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE HAS JURISDICTION OVER THE REGULATORY ASPLCTS, WHILE THE COMMITTEE ON SCIENCE AND TECHNOLOBY HAS JURISDICTION OVER RESEARC AND DEVELOPMENT.

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SO AS TO HAVE A UNIFIED APPROACH TO THE PROBLEM, THE TWO COMMITTEES COORDINATED THE LEGISLATION AS IT MOVED THROUGH THE RESPECTIVE COMMITTEES. IN A LETTER, MR. TEAGUE, CHAIRMAN OF THE COMMITTEE ON SCIENCE AND TECHNOLOGY, REQUESTED THAT HIS COMMITTEE'S REPORTED BILL BE INCORPORATED INTO THE COMMERCE COMMITTEE BILL WHEN IT WAS REPORTED. THE CORRESPONDENCE RELATED TO THIS MATTER IS CONTAINED IN THE APPROPRIATE SECTION OF THIS REPORT.

ON SEPTEMBER 9, 1976 AT FULL COMMITTEE MARKUP, THE INTERSTATE AND FOREIGN COMMERCE COMMITTEE APPROVED THE INCORPORATION OF THE SCIENCE AND TECHNOLOGY BILL AS PART II OF THE COMMERCE COMMITTEE'S RESOURCE CONSERVATION AND RECOVERY ACT. THE FULL TEXT OF THE REPORT ADOPTED BY THE COMMITTEE ON SCIENCE AND TECHNOLOGY APPEARS AS PART II OF THIS REPORT.

THE SECTIONS OF THE SCIENCE AND TECHNOLOGY BILL CONSTITUTE PART II OF THE COMMERCE COMMITTEE BILL AND ARE NUMBERED IN THOUSANDS IN THE TEXT OF THE LEGISLATION. THEY ARE EXPLAINED IN PART II OF THIS REPORT. THE LAST DIGIT OF THE PART II SECTIONS OF THE COMMERCE COMMITTEE BILL MAY BE USED TO INDEX THE EXPLANATIONS IN PART II OF THE REPORT. FOR EXAMPLE: SECTION 2004 OF THE COMMERCE COMMITTEE BILL IS EXPLAINED IN PART II OF THIS REPORT WHERE THE REFERENCE TO THE PROVISIONS UNDER CONSIDERATION WILL BE SECTION 4. SECTION 2005 LANGUAGE IN THE COMMERCE COMMITTEE BILL IS REFERRED TO AS SECTION 5 LANGUAGE IN PART II OF THIS REPORT PREPARED BY THE COMMITTEE ON SCIENCE AND TECHNOLOGY.

PURPOSE AND SUMMARY OF LEGISLATION

THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 IS A MULTIFACETED APPROACH TOWARD SOLVING THE PROBLEMS ASSOCIATED WITH THE 3-4 BILLION TONS OF DISCARDED MATERIALS GENERATED EACH YEAR, AND THE PROBLEMS RESULTING FROM THE ANTICIPATED 8% ANNUAL INCREASE IN THE VOLUME OF SUCH WASTE.

IN ADDRESSING THE PROBLEM, THE COMMITTEE RECOGNIZES THAT SOLID WASTE, THE TRADITIONAL TERM FOR TRASH OR REFUSE IS INAPPROPRIATE. THE WORDS SOLID WASTE ARE LADEN WITH FALSO CONNOTATIONS. THEY ARE MORE NARROW IN MEANING THAN THE COMMITTEE'S CONCERN. THE WORDS DISCARDED MATERIALS MORE ACCURATELY REFLECT THE COMMITTEE'S INTEREST.

NOT ONLY SOLID WASTES, BUT ALSO LIQUID AND CONTAINED GASEOUS WASTES, SEMI-SOLID WASTES AND SLUDGES ARE THE SUBJECTS OF THIS LEGISLATION. WASTE ITSELF IS A MISLEADING WORD IN THE CONTEXT OF THE COMMITTEE'S ACTIVITY. MUCH INDUSTRIAL AND AGRICULTURAL WASTE IS RECLAIMED OR PUT TO NEW USE AND IS THEREFORE NOT A PART OF THE DISCARDED MATERIALS DISPOSAL PROBLEM THE COMMITTEE ADDRESSES. AN INCREASE IN RECLAMATION AND REUSE PRACTICES IS A MAJOR OBJECTIVE OF THE RESOURCE CONSERVATION AND RECOVERY ACT.

IT IS NOT ONLY THE WASTE BY-PRODUCTS OF THE NATION'S MANUFACTURING PROCESSES WITH WHICH THE COMMITTEE IS CONCERNED: BUT ALSO THE PRODUCTS THEMSELVES ONCE THEY HAVE SERVED THEIR INTENDED PURPOSES AND ARE NO LONGER WANTED BY THE CONSUMER. FOR THESE REASONS THE TERM DISCARDED MATERIALS IS USED TO IDENTIFY COLLECTIVELY THOSE SUBSTANCES OFTEN REFERRED TO AS INDUSTRIAL, MUNICIPAL OR POST-CONSUMER WASTE; REFUSE, TRASH, GARBAGE AND SLUDGE.

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AGRICULTURAL WASTES WHICH ARE RETURNED TO THE SOIL AS FERTILIZERS OR SOIL CONDITIONERS ARE NOT CONSIDERED DISCARDED MATERIALS IN THE SENSE OF THIS LEGISLATION. SIMILAIRLY, OVERBURDEN RESULTING FROM MINING OPERATIONS AND INTENDED FOR RETURN TO THE MINE SITE IS NOT CONSIDERED TO BE DISCARDED MATERIAL WITHIN THE MEANING OF THIS LEGISLATION. THIS HOWEVER DOES NOT PRECLUDE ANY FINDING BY THE ADMINISTRATOR THAT SPECIFIC MINE WASTES ARE HAZARDOUS WASTES WITHIN THE SCOPE OF THIS LEGISLATION. NOR DOES THIS PRECLUDE CONSIDERATION OF MINE WASTE AS DISCARDED MATERIAL SOMETIME IN THE FUTURE.

IT SHOULD BE NOTED THAT DISCARDED MATERIALS ARE GENERATED FROM A MULTITUDE OF SOURCES IN EVERY SECTOR OF THE NATION'S LIFE. THE COMMITTEE RECOGNIZES AMONG THOSE SOURCES THE POLLUTION ABATEMENT ACTIVITY INITIATED AS A RESULT OF FEDERAL AIR AND WATER POLLUTION LAWS. IN SUMMARY, DISCARDED MATERIALS ARE A DIRECT RESULT OF NATIONAL INDUSTRIAL PRODUCTION AND THE AMERICAN LIFE STYLE.

THE PROBLEMS ASSOCIATED WITH DISCARDED MATERIALS WHICH PROMPTED THE COMMITTEE TO ENTER AN AREA WHICH HAS TRADITIONALLY BEEN CONSIDERED THE SPHERE OF LOCAL RESPONSIBILITY ARE GREATER THAN JUST THE INCREASING VOLUME OF DISCARDED MATERIALS. YET, A FEW WORDS ON VOLUME ARE IN ORDER.

OVER THE LAST FEW YEARS THE AMOUNT OF DISCARDED MATERIALS TO BE DISPOSED OF HAS GROWN TO APPROXIMATELY 4 BILLION TONS PER YEAR. AN ANNUAL INCREASE OF 8 PERCENT IS ANTICIPATED THROUGH THE NEXT DECADE. THE MOST WIDESPREAD METHOD OF DISPOSAL IS TO LANDFILL THE DISCARDED MATERIALS. HOWEVER, LAND HAS BECOME A SCARCE RESOURCE IN THE NATION'S MAJOR METROPOLITAN AREAS. MANY OF OUR MAJOR CITIES WILL BC OUT OF LANDFILL CAPACITY WITHIN 5 YEARS. SOME ARE ALREADY SEEKING DISPOSAL SITES OUTSIDE THEIR CORPORATE LIMITS.

SOME STATES HAVE MOVED TO BAN THE IMPORTATION OF WASTES AS HAVE THEIR POLITICAL SUBDIVISIONS. THESE ACTIONS HAVE RAISED SERIOUS QUESTIONS RELATI-E TO RESTRAINT OF TRADE AND INTERFERENCE WITH INTERSTATE COMMERCE.

THE COMMITTEE IS ALSO CONCERNED WITH THE CONSUMPTION OF THIS NATION'S DOMESTIC RAW MATERIALS AND THE POTENTIAL FOR FUTURE MATERIAL SHORTAGES. ALREADY AN INCREASING PORTION OF OUR BALANCE OF TRADE DEFICIT IS CAUSED BY THE NEED TO IMPORT RAW MATERIALS. ARE THERE WAYS TO RECLAIM FOR REUSE THOSE RESOURCES NOW DISPOSED OF AND THEREBY REDUCE THE NEED FOR VIRGIN RAW MATERIALS?

THE OVERRIDING CONCERN OF THE COMMITTEE HOWEVER, IS THE EFFECT ON THE POPULATION AND THE ENVIRONMENT OF THE DISPOSAL OF DISCARDED HAZARDOUS WASTES - THOSE WHICH BY VIRTUE OF THEIR COMPOSITION OR LONGEVITY ARE HARMFUL, TOXIC OR LETHAL. UNLESS NEUTRALIZED OR OTHERWISE PROPERLY MANAGED IN THEIR DISPOSAL, HAZARDOUS WASTES PRESENT A CLEAR DANGER TO THE HEALTH AND SAFETY OF THE POPULATION AND TO THE QUALITY OF THE ENVIRONMENT. IN ADDITION, MUCH OF THE HAZARDOUS WASTE DISPOSED OF IN AN ENVIRONMENTALLY SOUND MANNER IS IN INTERSTATE COMMERCE WITHOUT ADEQUATE MONITORING OF ITS MOVEMENT OR DISPOSITION.

RECOGNIZING THE COMPLEXITY OF THE ISSUE THE COMMITTEE APPROACH TO THE PROBLEM IS AN EFFORT TO MAKE THE MOST OF A BAD SITUATION. THE COMMITTEE HAS DETERMINED THAT DISCARDED MATERIALS HAVE VALUE IN THAT ENERGY OR MATERIALS CAN BE RECOVERED FROM THEM. IN THE RECOVERY OF SUCH ENERGY OR MATERIALS, A NUMBER OF ENVIRONMENTAL DANGERS CAN BE AVOIDED. SCARCE LAND SUPPLY CAN BE PROTECTED. THE BALANCE OF TRADE DEFICIT CAN BE REDUCED. THE NATION'S RELIANCE ON FOREIGN ENERGY AND MATERIALS CAN BE REDUCED AND USEFUL EMPLOYMENT CAN BE GENERATED BY THE CONSTRUCTION OF NEEDED WASTE MANAGEMENT FACILITIES.

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HOWEVER APPEALING THE RESOURCE RECOVERY SOLUTION TO THE DISCARDED MATERIALS PROBLEM MAY APPEAR, OTHER ASPECTS OF THE PROBLEM, ASSOCIATED WITH THE DISPOSAL OF HAZARDOUS WASTES, DO NOT HAVE THE SAME ATTRACTIVE QUALITITES. IN ORDER TO SOLVE THIS ASPECT OF THE PROBLEM THE COMMITTEE RECOMMENDS A REGULATORY APPROACH. HAZARDOUS WASTES TYPICALLY HAVE LITTLE, IF ANY, ECONOMIC VALUE; ARE OFTEN NOT SUSCEPTIBLE TO NEUTRALIZATION; PRESENT SERIOUS DANGER TO HUMAN LIFE AND THE ENVIRONMENT; AND CAN ONLY BE SAFELY STORED, TREATED OR DISPOSED OF AT CONSIDERABLE COST TO THE GENERATOR. WITHOUT A REGULATORY FRAMEWORK, SUCH HAZARDOUS WASTE WILL CONTINUE TO BE DISPOSED OF IN PONDS OR LAGOONS OR ON THE GROUND IN A MANNER THAT RESULTS IN SUBSTANTIAL AND SOMETIMES IRREVERSIBLE POLLUTION OF THE ENVIRONMENT.

FURTHER, THERE ARE OTHER ASPECTS OF THE DISCARDED MATERIALS PROBLEM, NAMELY MINING WASTES AND SLUDGE, THAT COULD POSE SIGNIFICANT THREATS TO HUMAN LIFE AND THE ENVIRONMENT. BECAUSE OF A LACK OR INFORMATION, THE COMMITTEE IS UNABLE TO DETERMINE THE HAZARDS ASSOCIATED WITH THE IMPROPER MANAGEMENT OF THESE WASTES. THE COMMITTEE HAS THEREFORE DIRECTED THE ENVIRONMENTAL PROTECTION AGENCY TO STUDY THE SOURCES AND COMPOSITION OF THESE WASTES; THE EXISTING METHODS OF DISPOSAL; AND THE POTENTIAL DANGERS TO HUMAN HEALTH AND THE ENVIRONMENT CAUSED BY THE IMPROPER MANAGEMENT OF THESE WASTES.

THE COMMITTEE BELIEVES THAT THE APPROACH TAKEN BY THIS LEGISLATION ELIMINATES THE LAST REMAINING LOOPHOLE IN ENVIRONMENTAL LAW, THAT OF UNREGULATED LAND DISPOSAL OF DISCARDED MATERIALS AND HAZARDOUS WASTES. FURTHER, THE COMMITTEE BELIEVES THA THIS LEGISLATION IS NECESSARY IF OTHER ENVIRONMENTAL LAWS ARE TO BE BOTH COST AND ENVIRONMENTALLY EFFECTIVE. AT PRESENT THE FEDERAL GOVERNMENT IS SPENDING BILLIONS OF DOLLARS TO REMOVE POLLUTANTS FROM THE AIR AND WATER, ONLY TO DISPOSE OF SUCH POLLUTANTS ON THE LAND IN AN ENVIRONMENTALLY UNSOUND MANNER. THE EXISTING METHODS OF LAND DISPOSAL OFTEN RESULT IN AIR POLLUTION, SUBSURFACE LEACHATE AND SURFACE RUN-OFF, WHICH AFFECT AIR AND WATER QUALITY. THIS LEGISLATION WILL ELIMINATE THIS PROBLEM AND PERMIT THE ENVIRONMENTAL LAWS TO FUNCTION IN A COORDINATED AND EFFECTIVE WAY.

IN THIS LEGISLATION THE REGULATORY AND STRICTLY PROMOTIONAL FUNCTIONS RELATED TO DISCARDED MATERIALS MANAGEMENT ARE RECOGNIZED AS SEPARATE AND CONFLICTING FUNCTIONS, AND AS SUCH ARE PLACED IN SEPARATE AGENCIES SO THAT EACH AGENCY CAN BEST ACHIEVE ITS CONGRESSIONAL DIRECTIVES. THE REGULATORY, TECHNICAL ASSISTANCE AND PLANNING FUNCTIONS ARE PLACED WITHIN THE ENVIRONMENTAL PROTECTION AGENCY.

THE PROMOTIONAL FUNCTIONS RELATING TO RESOURCE RECOVERY TECHNOLOGY, THE DEVELOPMENT OF MARKETS FOR THE RECOVERED MATERIALS, AND THE DEVELOPMENT OF AN INDEX WITH ILLUSTRATES THE CHARACTERISTICS OF RECOVERED MATERIALS THAT CAN BE SUBSTITUTED FOR VIRGIN MATERIALS WITH SIMILAR PERFORMANCE CHARACTERISTICS, ARE PLACED IN THE DEPARTMENT OF COMMERCE. THE JUSTIFICATION FOR THIS SEPARATION OF FUNCTIONS IS SO THAT ONE AGENCY DOES NOT PROMOTE SOLELY THE TECHNOLOGY IT HAS DEVELOPED OR TO DEVELOP MARKETS SOLELY FOR THEMATERIALS RECOVERED BY A PROCESS DEVELOPED BY THE AGENCY.

A STATUTORY OFFICE OF DISCARDED MATERIALS IS CREATED WITHIN THE ENVIRONMETAL PROTECTION AGENCY. IT WILL BE HEADED BY A DEPUTY ASSISTANT ADMINISTRATOR. THIS NEW OFFICE WILL REPLACE THE EXISTING ADMINISTRATIVE OFFICE OF SOLID WASTE MANAGEMENT. IT WILL HAVE CONGRESSIONAL DIRECTION AND REGULATORY AUTHORITY WHICH THE EXISTING OFFICE OF SOLID WASTE MANAGEMENT DOES NOT HAVE.

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THE PRIMARY FUNCTIONS OF THE OFFICE OF DISCARDED MATERIALS WILL BE TO DEVELOP REASONABLY FLEXIBLE GUIDELINES FOR STATE AND REGIONAL DISCARDED MATERIALS MANAGEMENT PLANS. SUCH PLANS WILL PROHIBIT OPEN DUMPING AND PROMOTE REHABILITATION OF EXISTING OPEN DUMPS. IN ADDITION TO PUBLISHING GUIDELINES, THE ADMINISTRATOR WILL HAVE THE AUTHORITY TO MAKE GRANTS TO STATE OR LOCAL GOVERNMENTS FOR THE PLANNING AND ENFORCEMENT OF THIER DISCARDED MATERIALS PLAN. FURTHER, TECHNICAL ASSISTANCE WILL BE AVAILABLE TO LOCAL AND STATE GOVERNMENTS. RESOURCE RECOVERY AND CONSERVATION PANELS, COULD ASSIST AT ALL STAGES OF THE PLANNING PROCESS, INCLUDING PROVIDING INFORMATION FOR THE DETERMINATION OF WHETHER A GOVERNMENTAL UNIT SHOULD CONSTRUCT, PURCHASE, LEASE, OPERATE OR BECOME PARTY TO A RESOURCE RECOVERY FACILITY OR WHETHER THE GOVERNMENTAL ENTITY CAN BE BETTER SERVED BY OTHER METHODS OF DISCARDED MATERIALS MANAGEMENT. THE FEDERAL GUIDELINES PUBLISHED PURSUANT TO TITLE IV ARE NOT MANDATORY UPON THE STATES, HOWEVER, IF A STATE SEEKS FEDERAL FINANCIAL AND TECHNICAL ASSISTANCE TO DEVELOP A DISCARDED MATERIALS PLAN THEN SUCH STATE IS REQUIRED TO MEET THE FEDERAL GUIDELINES.

PURSUANT TO THE REGULATORY AUTHORITY PROVIDED BY THE RESOURCE CONSERVATION AND RECOVERY ACT, EPA WILL ADMINISTER THE FEDERAL HAZARDOUS WASTE PROVISIONS OF THIS LEGISLATION. THEY REQUIRE THE ADMINISTRATOR TO DEVELOP CRITERIA FOR DETERMINING WHAT IS A HAZARDOUS WASTE, AND THEN TO LIST THOSE WASTES DETERMINED TO BE HAZARDOUS. FROM POINT OF GENERATION, THROUGH TRANSPORTATION, STORAGE, TREATMENT AND DISPOSAL, THOSE WASTES LISTED AS HAZARDOUS ARE FEDERALLY REGULATED. THE STATES ARE GIVEN THE PRIMARY OPTION OF IMPLEMENTING THE FEDERAL MINIMUM STANDARDS RELATING TO HAZARDOUS WASTES, HOWEVER, IF THE STATES DO NOT HAVE A PROGRAM EQUIVALENT TO THE FEDERAL PROGRAM THEN THE ADMINISTRATOR IS AUTHORIZED TO IMPLEMENT THE PROGRAM IN SUCH STATE.

THE DEPARTMENT OF COMMERCE IS DIRECTED TO PROMOTE PROVEN RESOURCE RECOVERY TECHNOLOGY: TO HELP IDENTIFY AND STIMULATE MARKETS FOR MATERIALS RECOVERED; TO DEVELOP SPECIFICATIONS FOR RECOVERED MATERIALS SO THEY CAN BE SUBSTITUTED FOR VIRGIN MATERIALS; AND TO PROMOTE THE TRANSFER OF RESOURCE RECOVERY TECHNOLOGY WITHIN THE INDUSTRY SO AS TO ENCOURAGE THE IMPROVEMENT OF SUCH TECHNOLOGY.

UNDER TITLE VI ALL FEDERAL AGENCIES ARE REQUIRED TO MEET THE MINIMUM STANDARDS PROMULGATED BY THE ADMINISTRATOR RELATING TO DISCARDED MATERIALS AND HAZARDOUS WASTES.

FURTHER, FEDERAL AGENCIES WHEN USING FEDERALLY APPROPRIATED FUNDS WILL BE REQUIRED TO PROCURE RECOVERED MATERIALS WHEN THOS MATERIALS ARE AVAILABLE AT REASONABLE PRICES. TO ASSIST THE FEDERAL AGENCIES IN DETERMINING WHEN A RECOVERED MATERIAL HAS THE PERFORMANCE CHARACTERISTICS OF A VIRGIN MATERIAL, THE NATIONAL BUREAU OF STANDARDS IS REQUIRED TO ESTABLISH A SUBSTITUTIBILITY INDEX. THE INDEX WILL SHOW WHEN RECOVERED MATERIALS CAN BE SUBSTITUTED FOR VIRGIN MATERIALS.

FOLLOWING IS A BRIEF TITLE BY TITLE SUMMARY OF THE LEGISLATION.

TITLE BY TITLE SUMMARY OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 TITLE I - GENERAL PROVISIONS

THIS TITLE CONTAINS DEFINITIONS, FINDINGS, AND OBJECTIVES, AND DIRECTS THAT THIS ACT BE INTEGRATED WITH OTHER ENVIRONMENTAL LAWS, INCLUDING THE EXISTING SOLID WASTE DISPOSAL ACT.

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TITLE II - OFFICE OF DISCARDED MATERIALS

THIS TITLE ESTABLISHES OFFICE OF DISCARDED MATERIALS WITHIN EPA AND AUTHORIZES THE ADMINISTRATOR TO IMPLEMENT THIS ACT AND THE SOLID WASTE DISPOSAL ACT. THIS TITLE ALSO GIVES THE ADMINISTRATOR AUTHORITY TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE TO THE STATES, REGIONAL OR LOCAL AGENCIES, IN THE DEVELOPMENT OF DISCARDED MATERIALS PLANS AND HAZARDOUS WASTE MANAGEMENT PROGRAMS. THIS TITLE AUTHORIZES SPECIAL STUDIES ON MINING WASTES AND SLUDGE AND GIVES A 5 PERCENT GRANT TOWARD THE PURCHASE PRICE OF TIRE SHREDDERS. THE OFFICE OF DISCARDED MATERIALS IS DIRECTED TO DEVELOP, EVALUATE, AND DISSEMINATE INFORMATION RELATED TO THE BEST USE AND REPROCESSING OF DISCARDED MATERIALS.

THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR FOR THE PURPOSE OF ADMINISTERING THE PROVISIONS OF THIS ACT, $46,250,000 FOR FISCAL YEAR 1978, AND $51,250,000 FOR FISCAL YEAR 1979. IT IS PROVIDED IN THE LEGISLATION THAT NOT LESS THAN 20 PERCENT OF THE AMOUNT APPROPRIATED MUST BE UTILIZED FOR THE FUNCTIONING OF THE RESOURCE RECOVERY AND CONSERVATION PANELS. THESE PANELS ARE TO RENDER TECHNICAL ASSISTANCE TO THE STATES AND LOCAL AUTHORITIES IN THE DEVELOPMENT OF RESOURCE RECOVERY FACILITIES. FURTHER, NOT LESS THAN 30 PERCENT OF THE AMOUNTS APPROPRIATED ARE TO BE UTILIZED TO DEVELOP AND IMPLEMENT THE HAZARDOUS WASTE REQUIREMENTS OF THE LEGISLATION.

TITLE III - HAZARDOUS WASTE MANAGEMENT

UNDER THIS TITLE, THE FEDERAL GOVERNMENT ESTABLISHES MINIMUM STANDARDS RELATING TO HAZARDOUS WASTE. HOWEVER, THE STATES ARE GIVEN, IF THEY CHOOSE, THE AUTHORITY TO ESTABLISH AND IMPLEMENT A STATE PROGRAM, IN LIEU OF A FEDERAL PROGRAM, IF SUCH PROGRAM IS EQUIVALENT TO THE FEDERAL PROGRAM. FOR THOSE STATES THAT HAVE A HAZARDOUS WASTE LAW IN EFFECT ON THE DATE OF ENACTMENT OF THIS ACT, SUCH STATES MAY RECEIVE A TEMPORARY AUTHORIZATION OF NOT MORE THAN TWO YEARS TO CARRY OUT ITS EXISTING PROGRAM, IF SUCH PROGRAM IS SUBSTANTIALLY EQUIVELENT TO THE FEDERAL PROGRAM.

THE BASIC THRUST OF THE HAZARDOUS WASTE TITLE, IS TO IDENTIFY WHAT WASTES ARE HAZARDOUS AND IN WHAT QUANTITIES, QUALITIES, AND CONCENTRATIONS AND THE METHODS OF DISPOSAL WHICH MAY MAKE SUCH WASTES HAZARDOUS. THE TITLE REQUIRES THAT THE ADMINISTRATOR PROMULGATE REGULATIONS APPLICABLE TO GENERATORS. SUCH REGULATIONS INCLUDE RECORDKEEPING, INFORMING THOSE THAT TRANSPORT OR DISPOSE OF SUCH HAZARDOUS WASTE OF THE CHARACTERISTICS OF SUCH WASTE AND THE INITIATING OF A MANIFEST SYSTEM SO THAT THE WASTE GENERATED CAN BE TRACED TO THE SITE OF ULTIMATE DISPOSAL. THIS MECHANISM GIVES BOTH THE GENERATOR AND ENFORCEMENT AGENCY KNOWLEDGE OF THE FINAL DISPOSAL OF THE MATERIAL.

REGULATIONS ARE IMPOSED ON TRANSPORTERS OF HAZARDOUS WASTE. MOST IMPORTANT IS THE INITIATION OF A MANIFEST SYSTEM; SO THAT THE HAZARDOUS WASTE CAN BE TRACED FROM THE GENERATOR TO A FACILITY THAT HAS AN APPROVED PERMIT. THIS SYSTEM IS TO BE ESTABLISHED IN COOPERATION WITH THE SECRETARY OF TRANSPORTATION. THE ADMINISTRATOR OF EPA CAN MAKE RECOMMENDATIONS TO THE SECRETARY AS TO WHETHER OR NOT PARTICULAR WASTES ARE HAZARDOUS IN TRANSPORTATION.

OTHER REGULATIONS REQUIRED TO BE PROMULGATED RELATE TO THOSE WHO TREAT, STORE OR DISPOSE OF HAZARDOUS WASTE. SUCH REGULATIONS ARE TO CONSIST OF COMPLIANCE WITH THE MANIFEST SYSTEM, RECORDKEEPING REQUIREMENTS AND INSPECTIONS.

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THE ADMINISTRATOR IS ALSO EMPOWERED TO RECOMMEND METHODS OF TREATMENT, STORAGE OR DISPOSAL OF HAZARDOUS WASTE, AND THE OPERATION OF SUCH FACILITIES, TO ASSIST THE OPERATORS IN SAFELY HANDLING SUCH HAZARDOUS WASTE.

FINALLY, THOSE WHO STORE, TREAT, OR DISPOSE OF HAZARDOUS WASTE ARE REQUIRED TO RECEIVE A PERMIT EITHER FROM THE ADMINISTRATOR OR FROM THE APPROPRIATE STATE AGENCY AUTHORIZED BY THE ADMINISTRATOR TO GRANT SUCH A PERMIT. THERE ARE PROVISIONS FOR FEDERAL ENFORCEMENT THAT INCLUDE ORDERS BY THE ADMINISTRATOR, CITIZEN SUITS, AND CRIMINAL AND CIVIL PENALTIES.

THE ADMINISTRATOR IS REQUIRED TO APPROVE A STATE HAZARDOUS WASTE PLAN, UNLESS AFTER NOTICE AND PUBLIC HEARING, HE FINDS THAT THE STATE PROGRAM IS NOT EQUIVALENT TO THE FEDERAL MINIMUM STANDARDS.

TWENTY-FIVE MILLION DOLLARS IS AUTHORIZED FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO BE ALLOCATED TO THE STATES IN ORDER TO CARRY OUT THIS TITLE.

TITLE IV - STATE OR REGIONAL DISCARDED MATERIALS PLANS

THIS TITLE ESTABLISHES A PROCEDURE FOR STATES, REGIONS WITHIN STATES, OR INTERSTATE REGIONS TO DEVELOP A COMPREHENSIVE PLAN FOR HANDLING DISCARDED MATERIALS. TO BE APPROVED, THE STATE PLAN MUST CONFORM TO THE GUIDELINES PUBLISHED BY THE ADMINISTRATOR OF EPA. THE STATE PLAN MUST MEET CERTAIN MINIMUM REQUIREMENTS WHICH INCLUDE: A PROHIBITION ON THE ESTABLISHMENT OF NEW OPEN DUMPS AND A REQUIREMENT THAT ALL DISCARDED MATERIALS BE DISPOSED OF AT A RESOURCE RECOVERY FACILITY, IN AN APPROVED SANITARY LANDFILL, OR IN AN ENVIRONMENTALLY SOUND MANNER; THERE MUST BE A PLAN TO CLOSE OR UPGRADE ALL EXISTING OPEN DUMPS; AND THE STATE MUST ESTABLISH REGULATORY POWERS TO CARRY OUT THE DISCARDED MATERIALS PLAN. ALSO, TO ASSURE THE BUILDER OF A RESOURCE RECOVERY FACILITY THAT HE WILL HAVE A STEADY SOURCE OF GARBAGE AND TRASH IN THE FUTURE, THE STATE PLAN MUST PROVIDE THAT NO STATE OR LOCAL GOVERNMENT SHALL PROHIBIT SUCH LOCAL COMMUNITY FROM ENTERING INTO LONG-TERM CONTRACTS TO SUPPLY DISCARDED MATERIALS OF THE COMMUNITY TO RESOURCE RECOVERY FACILITIES. THE PROCEDURE FOR THE DEVELOPMENT AND IMPLEMENTATION OF THE STATE PLAN CALLS FOR A CLOSE WORKING RELATIONSHIP BETWEEN UNITS OF THE STATE AND LOCAL GOVERNMENTS.

THERE ARE AUTHORIZED $40 MILLION AND $50 MILLION FOR FISCAL YEARS 1978 AND 1979 RESPECTIVELY TO BE ALLOCATED TO THE STATES AND REALLOCATED TO THE LOCAL OR REGIONAL AUTHORITIES IN PROPORTION TO THE RESPONSIBILITY OF EACH IN ORDER TO PROPERLY DEVELOP AND IMPLEMENT THE STATE DISCARDED MATERIALS PLAN.

TITLE V - DUTIES OF THE SECRETARY OF COMMERCE

THIS TITEL PLACES WITH THE DEPARTMENT OF COMMERCE RESPONSIBILITY FOR DEVELOPING, STANDARDS FOR SUBSTITUTING SECONDARY MATERIALS FOR VIRGIN MATERIALS, MARKETS FOR RECOVERED MATERAILS, AND FOR THE PROMOTION OF RESOURCE RECOVERY TECHNOLOGY GENERALLY.

IN ADDITION, INFORMATION PANELS ARE AUTHORIZED, WHEREBY INTERESTED PARTIES CAN GET TOGETHER, WITH A GOVERNMENT REPRESENTATIVE PRESENT, TO DISCUSS COMMON PROBLEMS RELATING TO RESOURCE RECOVERY FACILITIES WITHOUT THREAT OF ANTI-TRUST VIOLATIONS.

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TITLE VI - FEDERAL RESPONSIBILITIES

THIS TITLE REQUIRES THAT ALL FEDERAL AGENCIES AND INSTRUMENTALITIES COMPLY WITH THE MINIMUM STANDARDS PROMULGATED BY THE ADMINISTRATOR, PURSUANT TO TITLES III AND IV OF THIS ACT, RELATING TO DISCARDED MATERIALS AND HAZARDOUS WASTE MANAGEMENT.

THIS TITLE ALSO REQUIRES THE FEDERAL GOVERNMENT TO INSTITUTE A PROCUREMENT POLICY WHICH ENCOURAGES THE PURCHASE OF RECOVERED MATERIALS WHEN AVAILABLE AT REASONABLE PRICES AND WHICH BECAUSE OF THEIR PERFORMANCE, CAN BE SUBSTITUTED FOR VIRGIN MATERIALS. FURTHER, THIS TITLE REQUIRES COOPERATION OF OTHER FEDERAL AGENCIES WITH THE EPA IN ACHIEVING THE PURPOSES OF THIS ACT.

TITLE VII - MISCELLANEOUS PROVISIONS

THIS TITLE PROVIDES A STANDARD EMPLOYEE PROTECTION PROVISION, PERMITS CITIZEN SUITS, PROVIDES THAT ANY PERSON MAY PETITION THE ADMINISTRATOR FOR THE PROMULGATION, AMENDMENT OR REPEAL OF ANY REGULATION UNDER THIS ACT AND IT ALSO CONTAINS A SEPARABILITY CLAUSE.

COMMITTEE ACTION

THE REPORTED BILL IS A PRODUCT OF SEVERAL YEARS OF HEARINGS AND MARKUPS BEFORE VARIOUS SUBCOMMITTEES OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE.

PRIOR TO THE 94TH CONGRESS, JURISDICTION OVER SOLID WASTE LEGISLATION RESTED WITH THE SUBCOMMITTEE ON HEALTH AND ENVIRONMENT OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE. THAT SUBCOMMITTEE HELD SEVERAL SETS OF HEARINGS ON ALTERNATIVE SOLUTIONS TO THE SOLID WASTE PROBLEM.

IN THE 94TH CONGRESS, THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE WAS GIVEN JURISDICTION OVER SOLID WASTE. THAT SUBCOMMITTEE HELD TWO WEEKS OF HEARINGS ON SOLID WASTE LEGISLATION ON APRIL 8, 9, 10, 11, 14, 15, 16, 17 OF 1975. H.R. 5487, A BILL DEVELOPED BY THE SUBCOMMITTEE ON HEALTH AND ENVIRONMENT DURING THE 93RD CONGRESS, AND H.R. 406 SERVED AS THE VEHICLES FOR THESE HEARINGS.

BECAUSE OF THE COMPLEXITIES INVOLVED IN FINDING SOLUTIONS TO THE SOLID WASTE PROBLEM, THE SUBCOMMITTEE ON TRANSPORTATION SPONSORED ON APRIL 6 AND 7, 1976 A SYMPOSIUM ON RESOURCE CONSERVATION AND RECOVERY IN WHICH THE SUBCOMMITTEE MEMBERS REQUESTED THE EXPERTS IN THE FIELD TO PARTICIPATE ON PANELS TO DISCUSS SOLUTIONS TO THE PROBLEM FROM THE SAME FORUM, AND AT THE SAME TIME RATHER THAN AS INDIVIDUAL WITNESSES. THE TOPICS OF THE VARIOUS PANELS WERE: "DIMENSIONS OF THE DISCARDED MATERIALS PROBLEM," "THE FEDERAL ROLE IN RESOURCE CONSERVATION AND RECOVERY", "THE STATE AND LOCAL ROLE IN RESOURCE CONSERVATION AND RECOVERY", "TECHNOLOGY, TRASH, AND CASH", AND "ECONOMIC AND INSTITUTIONAL BARRIERS TO PRIVATE INVESTMENT IN RESOURCE CONSERVATION AND RECOVERY".

AFTER REVIEWING THE TWO WEEKS OF TESTIMONY ON H.R. 407 AND H.R. 5487 AND AFTER THE TESTIMONY OF THE EXPERTS PARTICIPATING IN THE SYMPOSIUM, THE CHAIRMAN AND RANKING MINORITY MEMBER OF THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE INTRODUCED H.R. 14496 ON JUNE 22, 1976.

ON JUNE 29 AND 30, 1976 HEARINGS WERE HELD ON H.R. 14496.

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MARK-UP ON H.R. 14496 WAS HELD ON JULY 21, 22 AND 23 AND AUGUST 30, 1976. THE SUBCOMMITTEE REPORTED H.R. 14496, AS AMENDED TO THE FULL COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE ON AUGUST 30, 1976.

THE FULL COMMITTEE PUBLIC MARK-UP ON H.R. 14496 WAS ON SEPTEMBER 9, 1976, AND A BILL WAS REPORTED TO THE HOUSE BY VOICE VOTE ON THE SAME DAY.

IN SUMMARY, THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE HELD 10 DAYS OF PUBLIC HEARINGS, AND A 2 DAY SYMPOSIUM ON SOLID WASTE LEGISLATION. DURING THOSE PROCEEDINGS 106 WITNESSES PRESENTED TESTIMONY AND WRITTEN COMMENTS WERE FILED BY OVER 40 INDIVIDUALS OR ORGANIZATIONS.

THE HEARINGS WERE FOLLOWED BY 4 DAYS OF SUBCOMMITTEE MARK-UP AND 1 DAY OF FULL COMMITTEE MARK-UP.

BACKGROUND AND NEED

THROUGHOUT THIS REPORT REFERENCE WILL BE MADE TO THE DISCARDED MATERIALS PROBLEM. THE REALITY OF THE SITUATION IS THAT THE DISPOSAL OF DISCARDED MATERIALS PRESENTS A NUMBER OF PROBLEMS, MANY OF WHICH ARE ADDRESSED BY THE RESOURCE CONSERVATION AND RECOVERY ACT.

THE MOST EASILY UNDERSTOOD PROBLEM WITH DISCARDED MATERIALS DISPOSAL RESULTS FROM THE VOLUME OF WASTE BEING GENERATED AND THE CAPACITY TO DISPOSE OF THAT WASTE IN THE TRADITIONAL MANNER. ESTIMATES OF THE ANNUAL WASTE VOLUME RANGE FROM 2.8 BILLION TONS TO 4 BILLION TONS. PROJECTIONS OF LAND FILL CAPACITY SHOW THAT 50 OF THE NATION'S LARGEST CITIES WILL RUN OUT OF CAPACITY BY THE END OF THE DECADE. COUNTLESS COUNTIES AND TOWNS WILL FACE THE SAME SITUATION.

AS PRESENT CAPACITY IS EXPENDED, THE COST OF WASTE DISPOSAL INCREASES. CITIES ARE FORCED TO OPERATE SITES FARTHER FROM THE COLLECTION AREAS, INCREASING TRANSPORTATION COSTS AND THE COST OF DISPOSAL. NEW DISPOSAL SITES, OFTEN OUTSIDE THE JURISDICTION'S CORPORATE LIMITS, MUST BE PURCHASED. FURTHER, THE USE OF LAND AS A DISPOSAL SITE IN ALMOST ANY LOCATION, IS BECOMING MORE DIFFICULT BECAUSE OF LOCAL OPPOSITION. ALREADY THE COSTS OF COLLECTING AND DISPOSING OF DISCARDED MATERIALS HAS GROWN SUCH THAT ONLY EDUCATION AND ROAD CONSTRUCTION ARE MORE EXPENSIVE ITEMS IN THE TYPICAL LOCAL BUDGET.

ALTHOUGH THE DISPOSAL OF DISCARDED MATERIALS HAS TRADITIONALLY BEEN CONSIDERED A LOCAL PROBLEM, IT IS IN FACT ONE OF BROADER SCOPE. UNLIKE AIR POLLUTION OR WATER POLLUTION, POLLUTION OF THE LAND BY DISCARDED MATERIALS IS NOT EXCLUSIVELY CAUSED BY THE BY PRODUCTS OF THE PRODUCTIVE PROCESS.

A LARGE VOLUME OF OUR WASTE REPRESENTS THE ACTUAL PRODUCT OF OUR INDUSTRIAL AND MANUFACTURING PROCESSES. THESE WASTES ARE THE DIRECT RESULT OF THE DEMAND FOR PRODUCTS AND A NEED TO DISPOSE OF THEM ONCE THEY HAVE SERVED THEIR PURPOSE. THESE WASTES ARE THE RESULT OF THE AMERICAN LIFESTYLE WHICH INCLUDES AN OFTEN WASTEFUL EMPHASIS ON CONVENIENCE OR ADVERTISING.

MOST MANUFACTURED PRODUCTS IN THIS COUNTRY ARE MADE AT A LOCATION OTHER THAN THE ONE AT WHICH THEY ARE USED AND AGAIN DIFFER FROM THE ONE AT WHICH THEY ARE DISPOSED. BY TRACING THE WASTE TO ITS ORIGIN AS A USEFUL PRODUCT IT IS CLEAR THAT MOST OF OUR DISCARDED MATERIALS HAVE AT SOME TIME ENTERED THE FLOW OF INTERSTATE COMMERCE (IF NOT AS WASTE ITSELF, THAN IN THE FORM OF PRODUCTS WHICH WILL AT SOME FUTURE TIME CONSTITUTE WASTE).

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THE FACT THAT WASTE ITSELF IS IN INTERSTATE AND INTERMUNICIPAL COMMERCE HAS RAISED A NUMBER OF PROBLEMS. (GENERALLY, HAZARDOUS WASTE IS MORE LIKELY TO BE THE SUBJECT OF INTERSTATE TRANSPORTATION THAN IS NON-HAZARDOUS INDUSTRIAL OR MUNICIPAL WASTE). SEVERAL JURISDICTIONS, INCLUDING SOME STATES, HAVE ATTEMPTED TO PROHIBIT THE IMPORTATION OF WASTE. IN WISCONSIN, OWNERSHIP OF THE WASTE IN COMMERCE HAS BEEN THE SUBJECT OF LENGTHY LITIGATION.

THE VOLUME OF WASTE BEING GENERATED AND THE CAPACITY FOR ITS DISPOSAL IN THE TRADITIONAL MANNER ARE THE SOURCE OF THE DISCARDED MATERIALS PROBLEM. AT PRESENT TWO POSSIBLE SOLUTIONS HAVE BEEN PRESENTED TO THE COMMITTEE. THESE ARE RESOURCE CONSERVATION BY REDUCING THE AMOUNT OF WASTE GENERATED AND RESOURCE CONSERVATION, ACHIEVED BY RECLAIMING VALUABLE MATERIALS FROM THE WASTE AND THEREBY REDUCING THE VOLUME TO BE DISPOSED OF. THE LATTER APPROACH HOLDS THE ADDITIONAL BENEFIT OF LESSENING THE DEMAND FOR RAW MATERIALS AND THEREBY PRESERVING THE DOMESTIC RESERVES OF THESE MATERIALS.

BOTH METHODS OF DISCARDED MATERIALS MANAGEMENT HAVE BEEN IMPLEMENTED ON A LIMITED SCALE TO DATE. THEY HAVE INCLUDED SYSTEMATIC AND TECHNOLOGICAL VARIATIONS. THEY HAVE HAD MIXED SUCCESS.

SOME TECHNOLOGY FOR RESOURCE RECOVERY HAS REACHED A FAIRLY DEVELOPED STAGE. OTHERS REQUIRE ADDITIONAL RESEARCH AND DEVELOPMENT ATTENTION. SINCE RESEARCH ACTIVITIES ARE NOT WITHIN THE JURISDICTION OF THE COMMERCE COMMITTEE, THE NEEDS IN THIS AREA HAVE BEEN ADDRESSED BY THE COMMITTEE ON SCIENCE AND TECHNOLOGY IN PART II. THE COMMERCE COMMITTEE DOES HOWEVER RECOGNIZE RESOURCE RECOVERY TECHNOLOGY AS A POTENTIAL SOLUTION TO THE DISCARDED MATERIALS DISPOSAL PROBLEM, PARTICULARLY IN URBAN AREAS.

THE MAJOR NEED IN THE MANAGEMENT OF DISCARDED MATERIALS APPEARS TO BE FOR A RATIONALIZATION OF THE WASTE MANAGEMENT SYSTEM WHICH NOW INCLUDES MANY INDEPENDENT ACTIVITIES OFTEN HAVING LESS THAN OPTIONAL RESULTS. REGIONAL OR STATEWIDE PLANNING FOR DISCARDED MATERIALS MANAGEMENT IS NOT WIDESPREAD. THE POTENTIAL OF RESOURCE CONSERVATION OR RECOVERY IS SELDOM CONSIDERED AS IMPORTANT AS THE PROBLEM OF TRANSPORTATION TO THE DUMP.

TESTIMONY PRESENTED AT THE HEARINGS AND AT THE RESOURCE RECOVERY SYMPOSIUM SPONSORED BY THE COMMITTEE SHOWS A NEED FOR A MORE WIDERANGING DISSEMINATION OF INFORMATION CONCERNING THE POTENTIAL OF RESOURCE CONSERVATION AND RECOVERY AS SOLUTIONS TO THE DISCARDED MATERIALS DISPOSAL PROBLEM. EVEN IF MUNICIPALITIES ARE AWARE OF THIS POTENTIAL, THE TECHNICAL AND INSTITUTIONAL BARRIERS THEY FACE IN IMPLEMENTING A RESOURCE RECOVERY SYSTEM ARE OFTEN INSURMOUNTABLE WITHOUT ASSISTANCE.

FOR EXAMPLE, MANY CITIES CANNOT ENTER INTO LONG TERM CONTRACTS. RESOURCE RECOVERY FACILITIES CANNOT BE BUILT UNLESS THEY GUARANTEED A SUPPLY OF DISCARDED MATERAIL. THE AGGREGATION OF SO MANY INDEPENDENT UNITS OF LOCAL GOVERNMENT CREATES NUMEROUS INSTITUTIONAL AND LEGAL BARRIERS. SUCH AGGREGATION ALSO COMPLICATES FINANCIAL ARRANGEMENTS, WHICH IN MANY INSTANCES INVOLVE PARTIAL LOCAL FINANCING SUCH AS GENERAL OBLIGATION BONDS, OR REVENUE BONDS, OR PARTIAL EQUITY FUNDING BY A CORPORATION CONSTRUCTING THE FACILITY OR PROVIDING EQUIPMENT. MOST LOCAL GOVERNMENTS HAVE NO EXPERTS ON THE RECOVERY TECHNOLOGY OR CONSERVATION SYSTEMS AVAILABLE.

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THESE INSTITUTIONAL AND TECHNICAL BARRIERS AND THE LACK OF ABILITY TO OVERCOME THEM UNDER THE PRESENT CIRCUMSTANCES CAN ONLY BE VIEWED AS A BACKGROUND. OVERCOMING THESE PROBLEMS, ALTHOUGH IMPORTANT, WILL NOT SOLVE THE DISCARDED MATERIALS PROBLEM IN ITS ENTIRETY.

THE PROBLEMS CAUSED BY PAST AND PRESENT DISPOSAL METHODS WILL REMAIN. OPEN DUMPS WILL STILL BE SHELTERS FOR VERMIN: BREEDING GROUNDS FOR DISEASE; AND SCARDS ON THE AMERICAN LANDSCAPE. UNLESS ACTION IS TAKEN TO CHANGE THE CURRENT OPERATION OF OPEN DUMPS THEY WILL REMAIN THE LEAST COSTLY AND THEREFORE MOST ATTRACTIVE DISPOSAL METHOD.

SANITARY LANDFILLS, A NAME OFTEN GIVEN TO DUMPS FOR THE SAKE OF COMPLIANCE WITH LOCAL HEALTH ORDINANCES, WILL CONTINUE TO LEACH POLLUTANTS INTO UNDERGROUND WATER SUPPLIES. THEY WILL CONTINUE TO POLLUTE THE AIR BY THEIR FREQUENT "ACCIDENTAL" IGNITION. THEY WILL CONTINUE TO GENERATE EXPLOSIVE GASES WHICH CAN THREATEN ANY FUTURE USE OF THE LAND.

EVEN MORE THREATENING ARE THE PRESENT DISPOSAL PRACTICES FOR HAZARDOUS WASTE. CURRENT ESTIMATES INDICATE THAT APPROXIMATELY 30-35 MILLION TONS OF HAZARDOUS WASTE ARE LITERALLY DUMPED ON THE GROUND EACH YEAR. MANY OF THESE SUBSTANCES CAN BLIND, CRIPPLE OR KILL. THEY CAN DEFOLIATE THE ENVIRONMENT, CONTAMINATE DRINKING WATER SUPPLIES AND ENTER THE FOOD CHAIN UNDER PRESET, LARGELY UNREGULATED DISPOSAL PRACTICES. IN MANY INSTANCES, THESE HAZARDOUS WASTES ARE DISPOSED OF IN THE SAME MANNER AND LOCATION AS MUNICIPAL REFUSE - IN THE LOCAL LANDFILL. THERE ARE SELDOM RECORDS OF THE DEPOSIT OR OF THE COMPOSITION OF SUCH HAZARDOUS WASTES. IT IS GENERATED, TRANSPORTED AND BURIED WITHOUT NOTICE UNTIL THE EVIDENCE OF ITS PRESENCE IS SEEN IN PERSONS OR THE ENVIRONMENT.

IT IS THE PURPOSE OF THIS LEGISLATION TO ASSIST THE CITIES, COUNTIES AND STATES IN THE SOLUTION OF THE DISCARDED MATERIALS PROBLEM AND TO PROVIDE NATIONWIDE PROTECTION AGAINST THE DANGERS OF IMPROPER HAZARDOUS WASTE DISPOSAL.

THIS BILL SUGGESTS THAT THE FIRST STEP IN PRESERVING THE LAND IS TO END THOSE PRACTICES WHICH ARE MOST HARMFUL. IT REQUIRES THAT HAZARDOUS WASTES BE DISPOSED OF ONLY AT SITES OR FACILITIES SPECIFICALLY DESIGNED FOR THAT PURPOSE. THE BILL REQUIRES AN END TO OPEN DUMPING AND THE UPGRADING OF DISCARDED MATERIALS DISPOSAL FACILITIES TO STANDARDS WHICH PROVIDE REAL PROTECTION FOR THE ENVIRONMENT. IT ENCOURAGES STATE AND REGIONAL PLANNING FOR DISCARDED MATERIALS MANAGEMENT AND PROVIDES ASSISTANCE FOR THE IMPLEMENTATION OF RESOURCE CONSERVATION OR RECOVERY SYSTEMS.

THIS BILL PROVIDES THE GROUNDWORK FOR SOLVING THE DISCARDED MATERIALS DISPOSAL PROBLEM AND FOR MINIMIZING THE DANGERS OF HAZARDOUS WASTE DISPOSL. AT THE SAME TIME IT PROPOSES A WAY TO LESSEN THE DRAIN ON OUR DOMESTIC RESOURCES AND TO DECREASE OUR DEPENDENCE ON FOREIGN SOURCES OF RAW MATERIAL AND ENERGY, BOTH OF WHICH CAN BE RECLAIMED FROM WASTE. MOST IMPORTANT, IT IS A NEEDED STEP TOWARD PROTECTING THE PURITY OF THE LAND ITSELF, AND HEALTH OF OUR PEOPLE AND THE VITALITY OF OUR ENVIRONMENT.

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OFFICE OF DISCARDED MATERIALS

AT THE PRESENT TIME THERE ARE OFFICES WITHIN ENVIRONMENTAL PROTECTION AGENCY FOR WATER AND AIR. THERE IS HOWEVER NO OFFICE FOR LAND MANAGEMENT. THIS TITLE CREATES SUCH AN OFFICE WITHIN THE EPA TO BE DESIGNATED AS THE OFFICE OF DISCARDED MATERIALS, AND HEADED BY AN ASSISTANT ADMINISTRATOR. THIS STATUTORY ESTABLISHMENT WOULD GIVE MANAGEMENT PARITY WITH THE AIR AND WATER OFFICES. IN ADDITION TO GIVING LAND POLLUTION PARITY, THE ESTABLISHING LANGUAGE ALSO SETS OUT THE DUTIES AND RESPONSIBILITIES TO BE UNDERTAKEN BY THE OFFICE.

A REDUCTION IN SOLID WASTE OFFICE PERSONNEL OCCURRED IN 1974 WHEN MANPOWER BUDGETED TO IMPLEMENT THE WASTE DISPOSAL ACT WAS REDUCED FROM ITS HISTORICAL HIGH LEVEL OF 225 TO 183. ADDITIONAL CUTS WERE MADE IN THE FOLLOWING YEARS BRINGING TO 174 THE PERSONNEL POSITIONS BUDGETED IN 1976. THAT MANPOWER LEVEL IS LOWER THAN ANY YEAR EXCEPT FOR 1966, THE FIRST YEAR POSITIONS WERE BUDGETED UNDER THE SOLID WASTE DISPOSAL ACT OF 1965.

TABLE OMITTED

ALTHOUGH THE OFFICE OF SOLID WASTE MANAGEMENT'S MAJOR RESPONSIBILITIES ARE UNDER THE SOLID WASTE DISPOSAL ACT OF 1965, IT HAS OTHER DUTIES UNDER OTHER ACTS. A 1974 ADMINISTRATION PROPOSAL WOULD HAVE CUT THE PERSONNEL TOTAL OF THE OFFICE OF SOLID WASTE MANAGEMENT FROM 312 TO 120.

UNDER THIS BILL IT WOULD BE MUCH MORE DIFFICULT TO CUT THE PERSONNEL OF BUDGET OF THE OFFICE OR TO SACRIFICE THE WASTE MANAGEMENT FUNCTIONS FOR THE SAKE OF AIR OR WATER PROGRAMS SINCE ALL THREE OFFICES WOULD ENJOY SIMILAR STATUTORY AUTHORIZATION.

THE DUTIES AND RESPONSIBILITIES OF THE DEPUTY ASSISTANT ADMINISTRATOR OF DISCARDED MATERIALS MANAGEMENT ARE TO ADMINISTER THE SOLID WASTE DISPOSAL ACT OF 1965 AND THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976. COEXISTENT WITH THOSE RESPONSIBILITIES IS THE AUTHOIRTY TO ISSUE REGULATIONS TO IMPLEMENT BOTH OF THE ACTS. THE OFFICE IS AUTHORIZED TO GATHER INFORMATION AND TO COOPERATE WITH OTHER FEDERAL AGENCIES IN THE COLLECTION AND DISSEMINATION OF WASTE MANAGEMENT INFORMATION. FURTHER, THE ADMINISTRATOR IS AUTHORIZED TO GIVE TECHNICAL AND FINANCIAL ASSISTANCE TO THE STATES IN THE DEVELOPMENT OF DISCARDED MATERIALS AND HAZARDOUS WASTE MANAGEMENT PLANS.

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IN ADDITION THE ADMINISTRATOR HAS THE POWER TO COMMENCE OR DEFEND ALL ACTIONS AT THE TRIAL LEVEL AND AT THE APPEAL LEVEL, INCLUDING THE UNITED STATES SUPREME COURT, IN THOSE CASES THAT INVOLVE FEDERAL FACILITIES THAT ARE NOT IN COMPLIANCE WITH THE REGULATIONS PROMULGATED BY THE ADMINISTRATOR PURSUANT TO TITLE III AND IV OF THIS ACT. THE PURPOSE OF GRANTING THE ADMINISTRATOR SUCH AUTHORITY IS TO PREVENT POTENTIAL CONFLICTS OF INTEREST AT THE DEPARTMENT OF JUSTICE WHERE THE DEPARTMENT WOULD HAVE TO REPRESENT THE FEDERAL FACILITY NOT COMPLYING WITH THE ADMINISTRATOR'S REGULATIONS AND THE ADMINISTRATOR AT THE SAME TIME, IN THE SAME LITIGATION. WITHOUT THIS AUTHORITY, THIS CONFLICT-OF-INTEREST PROBLEM COULD BECOME EXTREMELY ACUTE UNDER THIS LEGISLATION REGARDING SECTION 601 WHICH REQUIRES THE ADMINISTRATOR TO ENFORCE FEDERAL STANDARDS RELATING TO DISCARDED MATERIALS AND HAZARDOUS WASTE MANAGEMENT AGAINST FEDERAL FACILITIES.

OTHER DUTIES UNDER THE OFFICE INCLUDE AUTHORITY TO DISSEMINATE INFORMATION ON THE METHODS AND COSTS OF COLLECTION AND OTHER DISCARDED MATERIAL MANAGEMENT PRACTICES. THESE WILL INCLUDE METHODS TO REDUCE THE VOLUME OF WASTE GENERATED; THE EXISTING AND DEVELOPING TECHNOLOGIES FOR ENERGY AND MATERIALS RECOVERY FROM DISCARDED MATERIALS; THEIR COST, RELIABILITY AND RISK HAZARDOUS WASTE, DAMAGE RESULTING FROM DISPOSAL OF HAZARDOUS WASTE: AND METHODS OF NEUTRALIZING AND PROPERLY TREATING SUCH HAZARDOUS WASTES; METHODS OF FINANCING RESOURCE RECOVERY FACILITIES, SANITARY LANDFILLS, AND HAZARDOUS WASTE TREATMENT FACILITIES, AND LOCATING NEW MARKETS FOR RESOURCES RECOVERED FROM WASTE.

THE ADMINISTRATOR IS ALSO TO DEVELOP MODEL CODES TO BE USED BY STATE AND LOCAL AGENCIES IN THE DEVELOPMENT OF DISCARDED MATERIALS PLAN. HE WILL DEVELOP A MODEL ACCOUNTING SYSTEM, TO REFLECT THE ACTUAL COST AND REVENUES ASSOCIATED WITH THE COLLECTION AND DISPOSAL OF DISCARDED MATERIALS AND WITH RESOURCE RECOVERY OPERATIONS.

AFTER COLLECTION AND EVALUATION OF THE INFORMATION THE ADMINISTRATOR IS REQUIRED TO DISSEMINATE THE INFORMATION. THE DISSEMINATION OF SUCH INFORMATION WILL BE DONE IN PRINCIPALLY THREE WAYS. THE ESTABLISHMENT OF A LIBRARY WHICH WILL CONTAIN BOTH RAW DATA AND ANALYSES FROM THE STUDIES UNDERTAKEN IN THE AGENCY'S RESEARCH AND DEVELOPMENT PROGRAMS; AND INFORMATION GATHERED BY THE EPA FROM THE OTHER AGENCIES INVOLVED IN SOLID WASTE. ALL LIBRARY MATERIALS SHOULD BE READILY AVAILABLE TO THE PUBLIC ON REQUEST OR THROUGH ACTIVE AGENCY INFORMATION DISSEMINATION PROGRAMS.

THE LIBRARY SHOULD ALSO SERVE AS A BASIC RESOURCE FOR THE RESOURCE RECOVERY AND CONSERVATION PANELS WHICH ARE TO ASSIST THE CITIES, LOCAL AUTHORITIES AND STATES IN THE DEVELOPMENT OF RESOURCE RECOVERY SYSTEMS AND IN THE DEVELOPMENT OF DISCARDED MATERIAL MANAGEMENT PLANS.

DEVELOPMENT AND DISSEMINATION OF INFORMATION

THIS SECTION (204) REQUIRES THE ADMINISTRATOR TO COLLECT, EVALUATE AND DISSEMINATE INFORMATION ON THE METHODS AND COSTS OF COLLECTION AND OTHER DISCARDED MATERIAL MANAGEMENT PRACTICES. THESE WILL INCLUDE METHODS TO REDUCE THE VOLUME OF WASTE GENERATED; THE EXISTING AND DEVELOPING TECHNOLOGIES FOR ENERGY AND MATERIALS RECOVERY FROM DISCARDED MATERIALS; THEIR COST, RELIABILITY AND RISK; HAZARDOUS WASTE, DAMAGE RESULTING FROM DISPOSAL OF HAZARDOUS WASTE; METHODS OF NEUTRALIZING OR PROPERLY TREATING SUCH HAZARDOUS WASTES; METHODS OF FINANCING RESOURCE RECOVERY FACILITIES, SANITARY LANDFILLS, AND HAZARDOUS WASTE TREATMENT FACILITIES; AND LOCATING NEW MARKETS FOR RESOURCES RECOVERED FROM WASTE.

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THE ADMINISTRATOR IS ALSO TO DEVELOP MODEL CODES TO BE USED BY STATE AND LOCAL AGENCIES IN THE DEVELOPMENT OF DISCARDED MATERIALS PLAN. HE WILL DEVELOP A MODEL ACCOUNTING SYSTEM, TO REFLECT THE ACTUAL COSTS AND REVENUES ASSOCIATED WITH THE COLLECTION AND DISPOSAL OF DISCARDED MATERIALS AND WITH RESOURCE RECOVERY OPERATIONS.

AFTER COLLECTION AND EVALUATION OF THE INFORMATION THE ADMINISTRATOR IS REQUIRED TO DISSEMINATE THE INFORMATION. THE DISSEMINATION OF SUCH INFORMATION WILL BE DONE IN PRINCIPALLY THREE WAYS. THE ESTABLISHMENT OF A LIBRARY WHICH WILL CONTAIN BOTH RAW DATA AND ANALYSES FROM THE STUDIES UNDERTAKEN IN THE AGENCY'S RESEARCH AND DEVELOPMENT PROGRAMS; AND INFORMATION GATHERED BY THE EPA FROM THE OTHER AGENCIES INVOLVED IN SOLID WASTE. ALL LIBRARY MATERIALS SHOULD BE READILY AVAILABLE TO THE PUBLIC ON REQUEST OR THROUGH ACTIVE AGENCY INFORMATION DISSEMINATION PROGRAMS. (SEE PART II FOR SIMILAR PROVISIONS BY THE COMMITTEE ON SCIENCE AND TECHNOLOGY).

THE LIBRARY SHOULD ALSO SERVE AS A BASIC RESOURCE FOR THE RESOURCE RECOVERY PANELS WHICH ARE TO ASSIST THE CITIES, LOCAL AUTHORITIES AND STATES IN THE DEVELOPMENT OF RESOURCE RECOVERY SYSTEMS AND IN THE DEVELOPMENT OF DISCARDED MATERIAL MANAGEMENT PLANS.

RESOURCE RECOVERY AND CONSERVATION PANELS

THE RESOURCE RECOVERY AND CONSERVATION PANELS WOULD BE CREATED TO GIVE ADVICE, INFORMATION AND TECHNICAL ASSISTANCE CONCERNING THE TECHNICAL, ECONOMIC AND INSTITUTIONAL FACTORS RELATING TO THE ESTABLISHMENT OF RESOURCE RECOVERY AND CONSERVATION FACILITIES AND SYSTEMS. THE PANELS WOULD CONSIST OF FOUR PEOPLE; ONE EACH WITH EXPERTISE IN THE TECHNICAL; FINANCIAL, ECONOMIC AND MARKETING; LEGAL AND INSTITUTIONAL; ASPECTS OF THE DEVELOPMENT OF A RESOURCE RECOVERY FACILITY OR RESOURCE CONSERVATION SYSTEM. THE PANELS WOULD BE WITHIN THE OFFICE OF DISCARDED MATERIALS AND WOULD BE STAFFED BY AGENCY PERSONNEL, OR OFFICERS AND EMPLOYEES OF OTHER AGENCIES DETAILED TO THE EPA.

THE ADVANTAGE OF SUCH A MECHANISM IS THAT EXPERTISE UNBIASED BY THE PROFIT MOTIVE WOULD BE AVAILABLE ON REQUEST TO COMMUNITIES TO HELP RAISE THE QUESTIONS WHICH MUST BE ANSWERED FOR A RESOURCE RECOVERY FACILITY OR RESOURCE CONSERVATION SYSTEM TO BECOME A REALITY.

IT IS NOT THE COMMITTEE'S INTENT THAT THE PANELS PARTICIPATE IN THE DECISION-MAKING PROCESS OF THE LOCAL OR REGIONAL JURISDICTION UNDERTAKING THE RESOURCE RECOVERY OR CONSERVATION PROJECT. RATHER, THEY SHOUDL WARN OF THE DIFFICULTIES AND SUGGEST A VARIETY OF ALTERNATIVE SOLUTIONS TO THE TECHNICAL OR INSTITUTIONAL BARRIERS AN INTERESTED JURISDICTION MAY ENCOUNTER. NEITHER IS IT THE COMMITTEE'S INTENT THAT THESE PANELS ACT AS ARCHITECTS, ARCHITECTURAL ENGINEERS, DESIGN CONSULTANTS, OR FINANCIAL CONSULTANTS FOR THE INTERESTED JURISDICTION. THESE FUNCTIONS ARE MORE PROPERLY PERFORMED BY THE PRIVATE SECTOR UNDER CONTRACT TO THE INTERESTED JURISDICTION, OR BY THE COMMUNITY'S OWN PERSONNEL.

IF REQUESTED, HOWEVER, THE PANEL SHOULD BE PREPARED TO ADVISE SUCH JURISDICTIONS AS TO THE EXPERIENCE AND QUALIFICATIONS SUCH PRIVATE SECTOR CONSULTANTS OR IN-HOUSE PERSONNEL SHOULD BRING TO THE TASK OF ESTABLISHING A RESOURCE RECOVERY FACILITY. IT IS NOT THE COMMITTEE'S INTENT THAT THE PANELS PARTICIPATE IN THE DECISIONS OF WHETHER OR NOT PRIVATE CONSULTANTS SHOULD BE ENGAGED OR AS TO WHICH PRIVATE CONTRACTOR OR WHICH TECHNOLOGY SHOULD BE CHOSEN.

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THE COMMITTEE INTENDS THAT EACH TEAM WOULD WORK CLOSELY WITH THE LOCALITIES ASSIGNED TO IT BY SHARING THE EXPERIENCES OF OTHER COMMUNITIES AND ADVISING ON THE DETAILS WHICH MUST BE DEALT WITH IN ORDER FOR A RESOURCE RECOVERY OR CONSERVATION PROGRAM TO BECOME OPERATIONAL. THESE DETAILS WOULD INCLUDE PREPARATION OF AN RFP: EVALUATION OF THE PROPOSALS: OBTAINING OF A SUITABLE FINANCIAL PACKAGE: DECIDING WHO SHOULD AND WILL DUMP AT THE FACILITY AND MARKETING OF THE PRODUCTS.

WHEN ESTABLISHED THE PROPOSED PROGRAM WOULD HELP THOSE BEING ASSISTED TO AVOID THE DIFFICULTIES ENCOUNTERED BY OTHER COMMUNITIES. BECAUSE THESE DIFFICULTIES CAN BE VERY COSTLY IN TERMS OF BOTH TIME AND DOLLARS THIS PROGRAM WOULD YIELD A HIGH COST-BENEFIT RATIO.

THIS TYPE OF PROGRAM WAS IDENTIFIED AS VERY DESIRABLE BY CONTRACTORS AND EQUIPMENT SUPPLIERS INVOLVED IN RESOURCE RECOVERY, AND BY ALL CITY AND STATE GOVERNMENTS WITNESSES THAT TESTIFIED BEFORE THE COMMITTEE.

FURTHER, SUCH TEAMS ARE A VERY EFFICIENT SYSTEM FOR INFORMATION TRANSFER: EASY TO ADMINISTER AND TO TERMINATE; AND INVOLVE NO DIRECT FINANCIAL RESPONSIBILITY ON THE PART OF THE FEDERAL GOVERNMENT OTHER THAN THE COST OF THE PANELS.

SPECIAL STUDIES

THREE AREAS IN PARTICULAR ARE OF SUCH A NATURE AS TO REQUIRE EITHER A SPECIAL STUDY OR A SPECIAL PROGRAM. THESE THREE AREAS ARE: MINING WASTE, SLUDGE, AND DISCARDED AUTOMOBILE TIRES.

A THOROUGH STUDY OF MINING WASTE IS ESSENTIAL BECAUSE MINING WASTES REPRESENT 1.8 BILLION TONS OF WASTE A YEAR. (THE SECOND LARGEST WASTE GENERATOR BY VOLUME IS AGRICULTURE AT 687 MILLION TONS, INDUSTRIAL AT 200 MILLION TONS, FOLLOWED BY MUNICIPAL WASTE AT 135 MILLION TONS.) THE TRADITIONAL THEORY REGARDING MINING WASTE HAS BEEN THAT IT IS GENERALLY INERT. HOWEVER, A FEW RECENT STUDIES INDICATE THAT SOME MINING WASTES CAN BE HARMFUL; SOME PARTICULARLY SO WHEN MIXED WITH WATER. OTHER MINE TAILINGS, PARTICULARLY THOSE CONTAINING HEAVY METALS MAY BE INERT BUT NONETHELESS TOXIC EVEN IN THEIR ELEMENTAL FORM. COMMITTEE INFORMATION ON THE POTENTIAL DANGER POSED BY MINING WASTE IS NOT SUFFICIENT TO FORM THE BASIS FOR LEGISLATIVE ACTION AT THIS TIME. FOR THIS REASON, THE COMMITTEE HAS MANDATED A STUDY OF MINING WASTES.

EPA WILL UNDERTAKE A STUDY OF MINING WASTE, ITS SOURCES AND VOLUMES, PRESENT DISPOSAL PRACTICES AND WILL EVALUATE THE POTENTIAL DANGER TO HUMAN HEALTH AND ENVIRONMENTAL VITALITY. EPA WILL STUDY SURFACE RUNOFF OR LEACHATE FROM MINING WASTES AND AIR POLLUTION BY DUST, AS WELL AS ALTERNATIVES TO CURRENT DISPOSAL METHODS AND THE COSTS OF SUCH ALTERNATIVES. ONE MILLION DOLLARS IS AUTHORIZED FOR THE MINE WASTE STUDY AT THE RATE OF $500 THOUSAND DOLLARS FOR FY'78 AND $500 THOUSAND DOLLARS FOR FY'79. THE COMMITTEE ANTICIPATES THAT THE EPA MINE WASTE STUDY WILL BE CONDUCTED IN CONSULTATION WITH THE BUREAU OF MINES. EPA HAS ESTIMATED THE COST FOR THEMINE WASTE STUDY TO BE APPROXIMATELY $500,000.

THE SECOND SPECIAL STUDY AREA IS SLUDGE. SLUDGE WAS NOT A MAJOR COMCERN PRIOR TO THE AIR AND WATER POLLUTION CONTROL ACTS, THE POLLUTANTS ARE NOW BEING PULLED OUT OF THE AIR AND WATER AND DISPOSED OF ON THE LAND, OFTEN WITHOUT PROPER ENVIRONMENTAL SAFEGUARDS. THE VOLUME OF SLUDGE HAS BEEN INCREASING AT A TREMENDOUS RATE AND NOT ONLY FROM MUNICIPAL POLLUTION CONTROL FACILITIES.

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MANY INDUSTRIES AFFECTED BY THE WATER POLLUTION CONTROL ACT, HAVE PRETREATMENT PROCESSES WHICH HAVE CONTRIBUTED SUBSTANTIALLY TO THE VOLUME OF SLUDGE.

THE COMMITTEE IS REQUIRING THE ADMINISTRATOR TO UNDERTAKE A COMPREHENSIVE STUDY AND TO PUBLISH A REPORT ON WHAT THE AGENCY CONSIDERS SLUDGE; THE INCREASE OF SLUDGE VOLUME; AND THE METHODS OF DISPOSING OF SLUDGE, INCLUDING THEIR COST, EFFICIENCY, AND THE EFFECTIVENESS. METHODS TO RECLAIM AREAS THAT HAVE BEEN USED FOR THE DISPOSAL OF SUCH SLUDGE, AND IN ADDITION THE EFFECTS OF SUCH INCREASES ON HUMAN HEALTH AND THE ENVIRONMENTAL WILL ALSO BE STUDIED. ONE MILLION DOLLARS IS AUTHORIZED FOR THE SLUDGE STUDY; $500,000 IN FY'78 AND $500,000 IN FY'79.

TIRES ARE THE LAST AREA OF SPECIAL CONCERN' THE REASON FOR THIS CONCERN IS THAT TIRES CAN NOT BE LANDFILLED OR BURIED. BECAUSE OF THEIR CHARACTERISTICS THEY WILL "FLOAT" TO THE LANDFILL SURFACE OFTEN MAKING RECLAMATION OF THE LAND IMPOSSIBLE. BECAUSE OF THIS PECULIAR CHARACTERISTICE THE COMMITTEE AUTHORIZES THE ADMINISTRATOR TO MAKE GRANTS FOR 5% OF THE COST OF PORTABLE TIRE SHREDDERS TO INDIVIDUALS OR GOVERNMENTAL AGENCIES. ONCE SHRED THE WASTE RUBBER CAN EITHER BE SUCCESSFULLY LANDFILLED OR CAN BE REUSED AS A RUBBER OR ASPHALT PRODUCTS OR AS A FUEL. ONE AND ONE-HALF MILLION DOLLARS IN AUTHORIZED FOR TIRE SHREDDER GRANTS OVER A TWO YEAR PERIOD; $750,000 EACH TY'78 AND FY'79. IT IS THE INTENT OF THE COMMITTEE THAT EPA, TO THE EXTENT PRACTICABLE, MAKE SUCH GRANTS TO PRIVATE PURCHASERS, RATHER THAN ATTEMPTING TO INTEREST LOCAL GOVERNMENT AUTHORITIES IN SUCH PROJECTS.

AUTHORIZATIONS

THE COMMITTEE AUTHORIZES $46,250,000 IN FY'78 AND $51,250,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979 TO CARRY OUT THE DUTIES OF THE OFFICE OF DISCARDED MATERIALS. HOWEVER, THE COMMITTEE PLACED SEVERAL RESTRICTIONS UPON HOW THE ADMINISTRATOR CAN UTILIZE THESE FUNDS.

NOT LESS THAN 20% OF THE AMOUNT APPROPRIATED FOR THE OFFICE CAN BE USED TO FUND THE RESOURCE RECOVERY PANELS. THIERTY PERCENT OF THE AMOUNT APPROPRIATED UNDER THE GENERAL AUTHORIZATION FOR THE OFFICE MUST BE USED FOR IMPLEMENTING TITLE III, RELATING TO HAZARDOUS WASTE. THE PURPOSE OF THE SPECIFIC INSTRUCTIONS AS TO HOW THE AUTHORIZATION IS TO BE UTILIZED IS TO ENSURE THAT AREAS THE COMMITTEE CONSIDERS IMPORTANT ARE ALLOCATED THE RESOURCES NECESSARY TO CARRY OUT THE PROGRAMS MANDATED BY CONGRESS.

IN THE PAST, THE OFFICE OF SOLID WASTE MANAGEMENT HAS BEEN AN AREA WHERE AGENCY BUDGET CUTS HAVE BEEN IMPLEMENTED WITH DISASTROUS EFFECT ON ONGOING PROGRAMS. AS PREVIOUSLY STATED, IN 1973 PURSUANT TO AN AGENCY PERSONNEL AND BUDGET CUT, MANPOWER IN THE OFFICE OF SOLID WASTE MANAGEMENT WAS DRASTICALLY REDUCED. UNDER SUCH REDUCTIONS, MADE POSSIBLE BY THE NON-STATUTORY NATURE OF THE OFFICE, MOST PROGRAMS OUTSIDE THE HAZARDOUS WASTE AREA CAME TO A NEAR STANDSTILL.

BY EARMARKING THE FUNDS TO BE USED BY THE RESOURCE CONSERVATION AND RECOVERY PANELS AND IN THE HAZARDOUS WASTE PROGRAM, THE COMMITTEE INTENDS TO CLEARLY INDICATE THOSE AREAS OF GREATEST CONCERN AND TO ENSURE THAT FUNDING ADEQUATE TO SUPPORT THE CONGRESSIONAL DIRECTIVE IS AVAILABLE TO THESE ACTIVITIES.

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MICROFORM REFILMED; SEE APPENDICES

HAZARDOUS WASTE MANAGEMENT

THE TITLE ON HAZARDOUS WASTE MANAGEMENT ADDRESSES THE PROBLEM OF THE DISPOSAL OF HAZARDOUS WASTE IN A COMPREHENSIVE MANNER INCLUDING CONSIDERATION OF THE GENERATION OF HAZARDOUS WASTE; THE TRANSPORTATION; TREATMENT; STORAGE; AND DISPOSAL OF SUCH WASTE. IN DEVELOPING THIS TITLE THE COMMITTEE ACQUIRED EXTENSIVE DATA ON HAZARDS CAUSED BY THE DISPOSAL OF HAZARDOUS WASTE.

THE MOST EFFECTIVE WAY OF ILLUSTRATING THE DANGERS OF IMPROPER HAZARDOUS WASTE DISPOSAL IS PERHAPS TO CITE ACTUAL INSTANCES OF DAMAGE CAUSED BY CURRENT HAZARDOUS WASTE DISPOSAL PRACTICES. THE FOLLOWING SECTION IS MERELY ILLUSTRATIVE OF THE PROBLEM. FAR MORE CASES COULD BE CITED, EVEN MORE HAVE GONE UNREPORTED.

PENNSYLVANIA KISKIMINETAS TOWNSHIP, ARMSTRONG COUNTY 1974

SULFURIC ACID HAS BEEN LEACHATING FROM A MINING COMPANY'S DUMP INTO THE KISKIMINETAS RIVER. ABOUT 3,500,000 GALLONS OF LEACHATE WAS DISCHARGED EACH DAY CONTAINING AN ESTIMATED TOTAL OF 463 TONS OF ACID.

NOCKAMIXON TOWNSHIP, BUCKS COUNTY 1970

FROM 1965 TO 1969 A CHEMICAL COMPANY BOUGHT INDUSTRIAL WASTES FROM OTHER PLANTS, EXTRACTED COPPER, AND THEN STORED THE REMAINING LIQUIDS IN CEMENT LAGOONS. EVENTUALLY SOME OF THESE LAGOONS DEVELOPED OPEN SEAMS FROM WHICH TOXIC POLLUTANTS SEEPED INTO AN ADJACENT CREEK, WHICH BECAME LIFELESS.

BRUIN BOROUGH, BUTLER COUNTY 1968

A WASTE STORAGE LAGOON OF THE REFINING CORPORATION SPILLED SLUDGE INTO THE SOUTH BRANCH OF BEAR CREEK. THE SLUDGE FLOWED 3 MILES DOWNSTREAM INTO THE ALLEGHENY RIVER, KILLING AN ESTIMATED 4.5 MILLION FISH.

HAVERTOWN, DELAWARE COUNTY

A WOOD PRESERVATIVE FIRM HAS DUMPED WASTES CONTAINING DISSOLVED PENTACHLORAPDENOL ON ITS PREMISES SINCE 1952. THE WASTES HAVE BEGUN TO ENTER NAYLOR RUN, KILLING ALL LIFE FOR 5 OR 6 MILES DOWN STREAM FROM THE POINT OF ENTRY.

ROBINSON TOWNSHIP, WASHINGTON COUNTY

A COAL COMPANY HAS BEEN DUMPING WASTE COAL DEBRIS ON THE 480 ACRE CHAMPION DUMP SINCE 1929 CAUSING BOTH ST. PATRICK RUN AND LITTLE RACCOON RUN TO BECOME CONTAMINATED.

NEW JERSEY HACKENSACK MEADOWLANDS, BERGEN COUNTY 1974

A ONE ACRE PLANT SITE WAS USED AS A DUMP FOR MERCURY WASTES. THERE IS APPROXIMATELY 200,000 LBS OF TOXIC MERCURY AT THE FORMER PLANT SITE.

CAMDEN, CAMDEN COUNTY 1972

OVER 8,000 LBS OF POISON (ARSENIC) WERE DISCOVERED IN A 17 ACRE ABANDONED FACTORY COMPLEX.

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PERTH AMBOY, MIDDLESEX COUNTY 1967

A PLANT RECOVERING METALS FROM WASTE STOCKPILED RAW MATERIALS (ZINC, LEAD, SODIUM) IN THE OPEN AND METALS SUBSEQUENTLY LEACHATED INTO SURFACE GROUND WATER CUASING A PORTION OF THE PUBLIC WATER SUPPLY WELLS TO BE CLOSED IN 1971 AND 1972.

PENNSVILLE TOWNSHIP, SALEM COUNTY

GROUNDWATER BENEATH A 40 ACRE CHEMICAL MANUFACTURING SITES HAS BEEN CONTAMINATED BY WASTE CHEMICALS DISPOSED OF OVER A 50 YEAR PERIOD.

NESHANIC STATION, SOMERSET COUNTY 1968

A FARM FAMILY WAS POISONED AND HOSPITALIZED AS A RESULT OF DRINKING WELL WATER THAT HAD BEEN CONTAMINATED BY AN INSECTICIDE THAT WAS DUMPED INTO THE WELL AREA.

EGG HARBOR TOWNSHIP, ATLANTIC COUNTY 1973

A LANDFILL HAS BEEN THE DEPOSITORY OF LARGE QUANTITIES OF INDUSTRIAL WASTES CUASING A GROUND WATER POLLUTION PROBLEM INVOLVING CHEMICAL CONTAMINATES.

CAMDEN, CAMDEN COUNTY

THE DISCHARGE OF ELECTROPLATING WASTES INTO SEWER LINE CAUSED A MUNICIPAL WATER SUPPLY TO BECOME CONTAMINATED WITH HEXAVALENT CHROMIUM.

GILLSBORO, CAMDEN COUNTY 1973

THE WALL OF AN INDUSTRIAL WASTE LAGOON RUPTURED CAUSING 75,000 GALLONS OF LAYTEX PAINT SLUDGE CONTAINING HIGH CONCENTRATES OF LEAD AND MERCURY TO ENTER THE HILLIARD CREEK.

WINSLOW TOWNSHIP, CAMDEN COUNTY 1972

LEACHATE FROM UNLINED INDUSTRIAL DISPOSAL LAGOONS CAUSED THE CONTAMINATION OF SEVERAL PRIVATE WELLS FROM PHENOLS.

MIDDLETOWN TOWNSHIP, CPAE MAY COUNTY 1973

THE ILLEGAL DISPOSAL OF 5,000-6,000 GALLONS OF OIL AND PETROCHEMICAL AT A LANDFILL CUASED THE CONTAMINATION OF THE DIAZ CREEK AND A LAKE 1 1/2 MILES FROM THE LANDFILL.

NEWARK, ESSEX COUNTY

THE INDISCRIMINATE DUMPING OF INDUSTRIAL WASTES AT TWO LANDFILLS IN NEWARK IS BELIEVED TO CONSTITUTE A SIGNIFICANT SOURCE OF OIL AND CHEMICAL POLLUTION OF NEW JERSEY'S COASTAL WATERS.

LOGAN TOWNSHIP, GLOUCESTER COUNTY 1972

LEACHATE FROM INDUSTRIAL WASTE LAGOONS CUASED THE POLLUTION OF GROUND WATERS FROM CHEMICAL POLLUTANTS.

MANTUA TOWNSHIP, GLOUCESTER COUNTY 1970

DURING THE 1960'S A LANDFILL IN MANTUA ACCEPTED MISCELLANEOUS INDUSTRIAL WASTES WHICH EVENTUALLY LEACHATED AND ENTERED THE CHESTNUT BRANCH OF MANTUAL CREEK AND ALSO POLLUTED THE GROUNDWATER SYSTEM.

NEWFIELD, GLOUCESTER COUNTY 1970

CHROMIUM FROM A WASTE LAGOON OF METALS ALLOY COMPANY CONTAMINATED A MUNICIPAL WELL, AT LEAST ONE DOMESTIC WELL AND A NEARBY STREAM.

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EDISON TOWNSHIP, MIDDLESEX COUNTY 1974

A BULLDOZER OPERATOR WAS KILLED IN AN EXPLOSION AT AN INDUSTRIAL LANDFILL AS HE WAS BURYING SEVERAL 55 GALLON DRUMS OF UNIDENTIFIED CHEMICAL WASTES.

DOVER TOWNSHIP, OCEAN COUNTY 1971

CHEMICAL WASTES WERE ILLEGALLY STORED AND DUMPED CAUSING THE CONTAMINATION OF THE COHAUSEY AQUIFER BY PETROCHEMICALS RESULTING IN THE CONDEMNATION OF 150 PRIVATE WELLS.

EAST RUTHERFORD, PASSAIC COUNTY 1973

A CHEMICAL DISPOSAL COMPANY WAS FINED $24,000 FOR SPILLING FISH KILLING CHEMICALS INTO A SMALL CRREK NEAR THE HACKENSACK MEADOWLANDS.

NESHANIC STATION, SOMERSET COUNTY, 1968

A FARMWORKER, HIS WIFE, AND THREE CHILDREN EXPERIENCED ABDOMINAL PAIN AND VOMITING FROM DRINKING WELL WATER IN NESHANIC STATION CONTAMINATED WITH AN INSECTICIDE.

ILLINOIS GALENA, JO DAVIESS COUNTY

BETWEEN 1966 AND 1968 A MINING COMPANY DISCHARGED WASTE WATER INTO AN ABANDONED SHAFT OF A LEAD-ZINC MINE. AS A RESULT THE GALENA-PLATTEVILLE AQUIFER WAS CONTAMINATED.

OLNEY, RICHARD COUNTY, 1971

A DISPOSAL WELL USED BY AN OIL COMPANY LEAKED, ALLOWING PHEUOLIC COMPOUNDS TO ENTER FOX CREEK CONTAMINATING THE CREEK AND ADJACENT SURFACE SOIL.

SHANNOHON TOWNSHIP, WILL COUNTY

A CHEMICAL COMPANY DISPOSED OF AN UNIDENTIFIED SOLID CHEMICAL WASTE IN A LAND FILL ON ITS PROPERTY CAUSING PARTIAL CONTAMINATION OF THE DESPLAINES RIVER.

1972

FIFTEEN THOUSAND DRUMS OF TOXIC AND CORROSIVE METAL INDUSTRIAL WASTES WERE DUMPED ON FARMLAND. AS A RESULT LARGE NUMBERS OF CATTLE DIED FROM CYANIDE POISONING AND NEARBY SURFACE WATER WAS CONTAMINATED BY RUNOFF.

WASHINGTON SPOKANE, SPOKANE COUNTY, 1967-1974

ALUMINUM PROCESSING WASTES WERE DUMPED INTO AN OLD BASALT QUARRY DURING THIS PERIOD. HEAVY RAINS IN 1973 CAUSED TWO DOMESTIC WATER SUPPLIES TO BECOME CONTAMINATED WITH CHLORIDE (CONCENTRATIONS RANGE FROM 600 TO OVER 1100 PPM).

RICHLAND, BENTON COUNTY, 1973

AN UNDERGROUND STORAGE TANK LEAKED 115,000 GALLONS OF RADIOACTIVE WASTE, PENETRATING 89 FEET AND CONTAMINATING 880,000 CUBIC FEET OF SOIL.

BETHEL, KING COUNTY, 1971

APPROXIMATELY 400 POUNDS OF CALCIUM ARSENATE (A TOXIC INSECTICIDE) WAS INDISCRIMINATELY DUMPED NEAR THE SAMMAMISH SLOUGH.

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ISSAGUAH, KING COUNTY

A DUMP/LANDFILL ACCEPTED INDUSTRIAL AND HOSPITAL WASTES FOR OVER 10 YEARS. LEACHATE FROM THE FILL CONTAMINATED MASON CREEK, FOSTERING THE GROWTH OF A SLIME MOLD, KILLING SALMON EGGS AND FRY AT THE ISSAGUAH STATE HATCHERY.

SILVERDALE, KITSOP COUNTY 1971

MUNITIONS WASTES FROM THE BANGOR NAVAL ANNEX CONTAMINATED THE SOIL AND AQUIFER UNDERLYING THE AREA WITH RDX AND TNT.

NEW YORK MIDDLEPORT, NIAGARA COUNTY

A MANUFACTURING CORPORATION FOR MANY YEARS DISPOSED OF ARSENIC CONTAINING WASTES ON ITS PROPERTY. THIS RESULTED IN THE POLLUTION OF ABOUT 40% OF THE PROPERTY WITH ARSENIC. THE CONCENTRATIONS ARE HIGH ENOUGH THAT SURFACE RUNOFF PICKS UP HAZARDOUS QUANTITIES OF ARSENIC AND CARRIED IT TO NEARBY STREAMS.

MIDDLEPORT, NIAGARA COUNTY, 1975

THE SAME MANUFACTURING CORPORATION DUMPED ONE OF ITS PESTICIDES (CARBUFORON) INTO A LAGOON USED FOR STORING HIGHLY ACIDIC AMMONIA-CONTAINING WASTES. DUCKS AND GEESE, WHICH NORMALLY USE THE LAGOON WITHOUT INCIDENT DURING MIGRATION WERE KILLED THIS YEAR BY BY CARBUFORON CONTENT.

NEW YORK CITY, QUEENS COUNTY

SINCE BEFORE 1900 A REFINING COMPANY DISPOSED OF NICKEL SULFATE AND COPPER SULFATE AND COPPER SULFATE WASTES ON A DUMP ON ITS PREMISES. THIS PRACTICE HAS SERIOUSLY DEGRADED THE GROUNDWATER IN THE VICINITY.

OLEAN, CATTARAUGUS COUNTY, 1970

AN INDUSTRIAL CONCERN CUASED NUMEROUS SPILLS, PIPE LEAKS AND DUMPING OF NITROGENOUS WASTES WHICH RESULTED IN THE CONTAMINATION OF BOTH SURFACE AND GROUNDWATERS. THIS ALSO WAS THE CAUSE OF TWO MAJOR FISH KILLS IN THE ALLEGHENY RIVER'

OLEAN, CATTARAUGUS COUNTY

A BURIAL OF CHROMIUM-BEARING PLATING WASTES RESULTED IN THE LEACHATE CAUSED POLLUTION OF A DOMESTIC WELL 450 FEET FROM THE BURIAL SITE.

HORSEHEADS, CHEMUNG COUNTY 1970

A HOME MANUFACTURER DUMPED HYDROFLUORIC ACID WASTES INTO A LAGOON WHICH DISCHARGED INTO A NEARBY STREAM AND SUBSEQUENTLY CONTAMINATED A NEARBY GROUNDWATER SUPPLY.

MINNESOTA PERHAM, 1972

ARSENIC WASTES BURIED 30 YEARS AGO ON AGRICULTURAL LAND CONTAMINATED A DRINKING WATER WELL. SEVERAL PERSONS USING THE WELL AS A WATER SUPPLY WERE HOSPITALIZED FOR ARSENIC POISONING.

CALIFORNIA SAN FRANCISCO

ATTEMPTS TO TREAT ORGANIC LEAD WASTES RESULTED IN ALKYL LEAD INTOXICATION OF PLANT EMPLOYEES. EMPLOYEES OF FIRMS IN THE SURROUNDING AREA WERE EXPOSED TO AN AIRBOURNE ALKYL LEAD VAPOR HAZARD. TOLL COLLECTORS ON A BRIDGE ALONG THE TRUCK ROUTE TO THE PLANT BECAME ILL FROM ESCAPING VAPORS FROM TRANSPORT TRUCKS.

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MARYLAND SAINT MARY'S COUNTY, 1965

A WOOD TREATING COMPANY HAS BEEN TREATING WOOD BY HIGH PRESSURE INJECTION OF CREOSOTE WITH A BY PRODUCT OF PHENOLICS. THE WASTE PRODUCTS WERE STORED IN CLAY LINED LAGOONS. IT WAS DISCOVERED THE LAGOONS WERE LEAKING AND AN EXTENSIVC ZONE OF CONTAMINATION EXISTS NINE FEET BELOW GROUND AND IS MOVING IN THE DIRECTION OF FRESH WATER PONDS AND STREAMS.

KENT COUNTY, 1975

STORAGE FACILITIES FOR LIQUID NITROGEN FERTILIZER LOCATED IN KENT COUNTY ARE EXCAVATED PONDS LINED WITH POLYVINYL CHLORIDE AND A CAPACITY OF 580,000 GALLONS. AFTER AN INVESTIGATION IN 1975 IT WAS FOUND THAT FOR A DEPTH OF 50 FEET AND AT LEAST A DISTANCE OF 50 FEET AROUND THE STORAGE TANKS THE GROUND WATER WAS BEING DEGRADED. THE NITRATE NITROGEN LEVELS ARE VERY HIGH AT 27 MG/LITER. NITRATE NITROGEN IS IN THE SAME CATEGORY AS ARSENIC, CYANIDE AND MERCURY.

BALTIMORE COUNTY, 1975

A CHEMICAL COMPANY HAS BEEN USING THE MARYLAND PORT AUTHORITY'S MARINE TERMINAL FOR DISPOSAL OF THEIR CHROME ORE TAILINGS. IT HAS BEEN DETERMINED THAT WATER RUNNING THROUGH THIS FILL MATERIAL (WASTE CHROME ORE) IS HIGHLY CONTAMINATED WITH CHROMIUM TO THE POINT WHERE GREEN LEACHATE IS VISIBLE IN BALTIMORE HARBOR.

SOMERSET COUNTY, 1975

AT CRISFIELD MARYLAND THERE IS A WASTE HOLDING POND THAT CONTAINS WASTES SUCH AS ARSENIC, LEAD, NICKEL, CHROMIUM AND CYANIDES AND RECEIVES 15,000 GALLONS OF WASTE WATER PER DAY. THE POND IS UNLINED AND AFTER TESTING THE CONTAMINATION OF UNDERGROUND WATERS EXTENDS TO A DEPTH OF 50 FEET AND A RADIUS OF 1,000 FEET.

TEXAS HOUSTON, 1968

A FIRM IN HOUSTON HAS BEEN DISCHARGING HAZARDOUS WASTES INCLUDING CYANIDES AT A RATE OF 25.4 POUNDS PER DAY, PHENOLS AT 2.1 POUNDS PER DAY, SULFIDES AND AMMONIA INTO THE SHIPPING CHANNELS. EVEN LOW CONCENTRATIONS OF THESE WASTES ARE LETHAL TO SMALL FISH AND SHRIMP.

HARRIS COUNTY, 1968

A CHEMICAL COMPANY THAT PRODUCES INSECTICIDES AND WEEK KILLERS CONTAINING ARSENIC HAVE BEEN DISCHARGING THIS WASTE INTO THE LAND AND ADJACENT WATER. THE ARSENIC LADEN WATER OF VINCE BAYOU THEN DRAINED INTO THE PUBLIC WATERS.

IOWA WATERLOO, 1972

GROSS CONTAMINATION OF A PLATN AREA OCCURRED AFTER A MANUFACTURING FIRM BURNED TECHNICAL MEVINPHOS (PHOSDRIN). THE AREA THEN HAD TO BE NEUTRALIZED WITH ALKALI.

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1973

A LABORATORY COMPANY DUMPED OVER 250,000 GALLONS OF ARSENIC BEARING WASTES. THE DUMP SITE WAS LOCATED ABOVE A LIMESTONE BEDROCK AQUIFER FROM WHICH RESIDENTS OF NEARBY TOWNS OBTAIN 79 PERCENT OF THEIR DRINKING AND IRRIGATION WATER. THE AQUIFER IS PRESENTLY UNCONTAMINATED BUT THE POTENTIAL CONTAMINATION CANNOT BE UNDERESTIMATED'

COLORADO DENVER COUNTY, 1972

SINCE 1972 A PORTION OF THE LOWRY AIR FORCE BASE HAS BEEN USED FOR THE DISPOSAL OF HAZARDOUS WASTES. NO INQUIRIES WERE MADE AS TO THE TYPES AND AMOUNTS OF WASTE BEING DUMPED. LABORATORY TESTS SHOWED HIGH CONCENTRATIONS OF CYANIDES AND SHORT-LIVED RADIOACTIVE WASTES. THESE HAVE PRODUCED CATTLE DEATHS ATTRIBUTED TO THE INGESTION OF WATER AND MATERIALS THAT HAD WASHED DOWNSTREAM FROM THE ORIGINAL LANDFILL SITE.

TENNESSEE WAYNESBORO, 1972

WASTE POLYCHLORINATED BIPHENYLS (PCB) HAVE BEEN DEPOSITED IN THE CITY DUMP SITE BY A LOCAL FIRM. THIS WASTE WAS THEN PUSHED INTO A SPRING THAT EMPTIED INTO BEECH CREEK WHERE WILDLIFE AND AQUATIC LIFE WERE DESTROYED. THE POLLUTION IS NOW MOVING DOWNSTREAM TO THE TENNESSEE RIVER.

VIRGINIA CARBO, 1967

A DIKE CONTAINING AN ALKALINE WASTE LAGOON FOR A STREAM GENERATING PLANT COLLAPSED AND RELEASED 400 ACRE-FEET OF FLY ASH WASTE INTO THE CLINCH RIVER. TRAVELING AT ONE MILE PER HOUR IT REACHED NORRIS LAKE WHERE IT KILLED 216,200 FISH AND ALL FOOD ORGANISMS IN A FOUR MILE RADIUS.

FLORIDA FORT MEADE, 1971

A PORTION OF A DIKE FORMING A WASTE POND RUPTURED RELEASING TWO BILLION GALLONS OF SLIME COMPOSED OF PHOSPHATIC CLAYS AND INSOLUBLE HALIDES FROM A CHEMICAL PLANT. THIS CONTAMINATED WHIDDEN CREEK PEACE RIVER AND THE ESTUARINE AREA OF CHARLOTTE HARBOR DESTROYING ALL AQUATIC LIFE.

LOUISIANA 1973

HEXACHLOROBENZENE (HCB) WAS DUMPED IN A RURAL LANDFILL, WHERE IT SUBLIMED INTO THE AIR' THE HCB WAS ULTIMATELY ABSORBED INTO THE BODY TISSUES OF CATTLE RESULTING IN THE QUARANTINE OF 20,000 HEAD OF CATTLE BY THE LOUISIANA DEPARTMENT OF AGRICULATURE AT A LOSS OF APPROXIMATELY 3.9 MILLION DOLLARS TO RANCHERS.

ARKANSAS 1972

A TWO AND ONE HALF YEAR OLD CHILD WAS HOSPITALIZED FOR ORGANOPHOSPHATE POISONING AFTER PLAYING AMONG EMPTY PESTICIDE DRUMS PURCHASED BY THE CITY FOR USE AS TRASH CONTAINERS. THE CONTAINERS WERE IN VARIOUS STATES OF DETERIORATION AND ENOUGH CONCENTRATE WAS IN EVIDENCE TO INTOXICATE ANYONE WHO CAME INTO CONTACT WITH THEM.

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IDAHO 1969

FOURTEEN HEAD OF CATTLE DIED, SOME WITH CONVULSIONS AFTER LICKING EMPTY BAGS OF FERTILIZER THAT WERE IMPROPERLY DISPOSED OF.

NEW MEXICO 1969

THREE CHILDREN SUSTAINED SERIOUS ALKYL MERCURY POISONING AFTER EATING CONTAMINATED PORK. A FOURTH CHILD CONTRACTED CONGENITAL POISONING AS A RESULT OF THE MOTHER EATING THE SAME PORK DURING THE FIRST TRIMESTER OF PREGNANCY. (THE HOG HAD BEEN FED GRAIN TREATED WITH A MERCURY TYPE SEED DRESSING.)

MISSOURI 1970

AN APPLICATOR RINSED AND CLEANED A TRUCK RIG AFTER DUMPING UNUSED ENDRIN INTO THE CURVE RIVER AT MOSCO MILLS, MISSOURI RESULTING IN THE KILLING OF AN ESTIMATED 100,000 FISH AND THE CLOSING OF THE RIVER TO FISHING FOR ONE YEAR.

1970

THE KANSAS CITY WATER SUPPLY CONTAINED OBJECTIONABLE TASTES AND ODORS DUE TO A PHENOLIC CONTENT. INVESTIGATION SHOWED THAT FIBER GLASS WASTE DUMPED ALONG THE RIVER BANK WAS THE SOURCE.

MISSISSIPPI 1969

AN ASSISTANT DEAN AT THE UNIVERSITY OF SOUTHERN MISSISSIPPI DIED OF SYPHYSIATION WHILE FISHING NEAR HATTIESBURG' THE VICTIM'S BOAT DRIFTED INTO A POCKET OF PROPANE GAS THAT HAD BEEN DISCHARGED INTO THE RIVER THROUGH A GASOLINE TERMINAL WASH PIPE FROM A PETROLEUM REFINERY.

IT IS INTERESTING TO NOTE THAT THESE DAMAGES OCCURRED IN SPITE OF THE FACT THAT 46 STATES HAVE SOME REGULATORY POWER OVER HAZARDOUS WASTES.

SEVEN STATES HAVE COMPREHENSIVE HAZARDOUS WASTE MANAGEMENT LAWS: CALIFORNIA, ILLINOIS, MARYLAND, MINNESOTA, OKLAHOMA, OREGON, AND WASHINGTON. THESE STATES APPEAR TO HAVE AUTHORITY FOR "CRADLE-TO-GRAVE" MANAGEMENT OF HAZARDOUS WASTES. ADDITIONALLY, NEW YORK STATE HAS A "HAZARDOUS SUBSTANCES ACT" WHICH MIGHT ALLOW THE DEVELOPMENT OF A STATE HAZARDOUS WASTE MANAGEMENT PROGRAM, BUT WHICH IS SO GENERAL THAT THE STATE HAS CHOSEN NOT TO IMPLEMENT IT. KENTUCKY HAS LEGISLATION COVERING HAZARDOUS WASTE HAULERS, BUT NOT THE GENERATION, STORAGE, TREATMENT, OR DISPOSAL OF SOLID WASTE. KENTUCKY IS THE ONLY STATE TO HAVE PASSED THIS KIND OF LEGISLATION.

OTHER STATES HAVE CHOSEN TO DEVELOP REGULATIONS IN ADVANCE OF, OR IN PLACE OF, LEGISLATION SPECIFICALLY COVERING HAZARDOUS WASTES. THESE INCLUDE: FLORIDA, MASSACHUSETTS, NEW JERSEY, NEW YORK, NEW MEXICO, AND TEXAS.

GREAT DIVERSITY CHARACTERIZES THE APPROACHES BEING TAKEN BY THE SEVERAL STATES, RANGING FROM A PROHIBITIONARY BAN ON THE DISPOSAL OF HAZARDOUS WASTE IN LANDFILLS -- WHICH LEAVES THE FATE OF THESE WASTES UNACCOUNTED FOR -- TO THE COMPREHENSIVE MANAGEMENT PROGRAMS MENTIONED ABOVE.

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ONLY ONE STATE, CALIFORNIA, IS FULLY IMPLEMENTING A COMPREHENSIVE HAZARDOUS WASTE MANAGEMENT PROGRAM UNDER AUTHORITY OF EXPLICITY STATE HAZARDOUS WASTE LEGISLATION. SEVERAL OTHER STATES ARE IMPLEMENTING PARTS OF COMPREHENSIVE CONTROL PROGRAMS, MAINLY THE PERMITTING OF LAND DISPOSAL SITES.

EPA HAS BEEN ABLE TO IDENTIFY APPROXIMATELY 50 PEOPLE IN 25 STATES AS WORKING PRIMARILY OR EXCLUSIVELY ON HAZARDOUS WASTE MANAGEMENT' SOME OF THESE HAVE BEEN EMPLOYED TO WORK ON SPECIFIC TASKS (USUALLY STATE HAZARDOUS WASTE SURVEYS) AND DO NOT MAKE ACTIVE CONTRIBUTIONS TO THE OTHER ASPECTS OF THE STATE'S PROGRAM. APPROXIMATELY ONE-THIRD OF THE TOAL ARE EMPLOYED IN THE CALIFORNIA PROGRAM ALONE. MOST OTHER STATES HAVE ONE OR TWO PERSONS, WITH THREE BEING AN UNUSUALLY LARGE STAFF.

EPA HAS INCLUDED IN ITS COUNT, STATE PERSONNEL ASSIGNED TO STATE AGENCIES OTHER THAN THE NOMINAL SOLID WASTE CONTROL AGENCY, SUCH AS THE TEXAS WATER QUALITY BOARD AND THE CALIFORNIA DEPARTMENT OF HEALTH. EPA HAS NOT INCLUDED STATE PERSONNEL ASSIGNED TO HAZARDOUS MATERIALS CONTROL IN OTHER MEDIA WHERE THEY DO NOT ADDRESS THE LAND DISPOSAL OR TREATMENT IMPLICATIONS OF THEIR EFFORTS'

THE DEALY IN IMPLEMENTING HAZARDOUS WASTE LEGISLATION IN THOSE STATES WHICH HAVE SUCH AUTHORITY MAY BE DUE PARTLY TO THC ABOVE STAFFING PATTERN. FOR EXAMPLE, MINNESOTA AND OREGON HAVE HAD LEGISLATION FOR SEVERAL YEARS, BUT THE FORMER CURRENTLY HAS TWO PERSONS ASSIGNED TO HAZARDOUS WASTE MANAGEMENT; AND THE LATTER, ONLY ONE.

THE HAZARDOUS WASTE PROGRAM UNDER THIS BILL IS ONE IN WHICH THE FEDERAL GOVERNMENT WILL DETERMINE THE CRITERIA FOR IDENTIFYING WHAT WASTES ARE HAZARDOUS, AND WILL LIST WASTES DETERMINED TO BE HAZARDOUS BY THEIR NATURE. THE PROCESS OF IDENTIFYING AND LISTING WILL BE DONE IN CONSULTATION WITH STATE AND LOCAL GOVERNMENTS AND UNDER THE ADMINISTRATIVE PROCEDURES ACT WITH NOTICE AND OPPORTUNITY FOR HEARING. ANYTIME AFTER THE ISSUANCE OF THE LIST, THE GOVERNORS OF EACH STATE CAN PETITION TO HAVE OTHER SUBSTANCES ADDED TO THE LIST. IN ADDITION TO IDENTIFYING AND LISTING HAZARDOUS WASTE THERE WILL BE FEDERAL MINIMUM STANDARDS FOR THE GENERATORS, TRANSPORTERS AND OPERATORS FOR HAZARDOUS WASTE STORAGE, TREATMENT, OR DISPOSAL FACILITIES. PERMITS WILL BE ISSUED BY THE ADMINISTRATOR TO SUCH PERSONS WHO OWN OR OPERATE HAZARDOUS WASTE TREATMENT OR STORAGE FACILITIES.

IT IS THE COMMITTEE'S INTENTION THAT THE STATES ARE TO HAVE PRIMARY ENFORCEMENT AUTHORITY AND IF AT ANYTIME A STATE WISHES TO TAKE OVER THE HAZARDOUS WASTE PROGRAM IT IS PERMITTED TO DO SO, PROVIDED THAT THE STATE LAWS MEET THE FEDERAL MINIMUM REQUIREMENTS FOR BOTH ADMINISTERING AND ENFORCING THE LAW.

THERE ARE TWO EXCEPTIONS TO THE ABOVE STATEMENT. FIRST, FOR A PERIOD OF TWO YEARS AFTER THE REGULATIONS ARE PROMULGATED, STATES THAT HAVE IN EFFECT LAWS THAT ARE SUBSTANTIALLY EQUIVALENT TO THE FEDERAL STANDARDS CAN RECEIVE TEMPORARY AUTHORIZATION FOR THE TWO-YEAR PERIOD' THE PURPOSE OF THIS SECTION IS TO AVOID NEGATING ANY PROGRESS THAT HAS BEEN MADE IN THE HAZARDOUS WASTE AREAS IN THE STATES, AND TO FACILITATE WORKABLE TRANSITION FROM STATE STANDARDS TO MINIMUM FEDERAL STANDARDS.

SECOND, STATE HAZARDOUS WASTE PLANS DO NOT APPLY TO FEDERAL FACILITIES, NOR SHOULD SUCH STATE PLANS TAKE INTO ACCOUNT HAZARDOUS WASTE GENERATED ON SUCH FACILITIES. ALL FEDERAL FACILITIES MUST COMPLY WITH ALL THE ADMINISTRATOR'S REGULATIONS PROMULGATED UNDER THIS TITLE AND THE ADMINISTRATOR HAS THE AUTHORITY TO ENFORCE SUCH REGULATIONS PURSUANT TO SECTIONS 203, 308 AND 601 OF THIS ACT.

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CRITERIA FOR IDENTIFICATION AND LISTING

THE ADMINISTRATOR IS REQUIRED WITHIN 18 MONTHS AFTER ENACTMENT TO PROMULGATE CRITERIA IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTES AND USING THE CRITERIA TO IDENTIFY AND LIST THOSE WASTES THAT ARE HAZARDOUS. UNDER THIS PROCEDURE THE ADMINISTRATOR IS TO CONSULT WITH STATE AND FEDERAL AGENCIES AND IS TO GIVE NOTICE AND THE OPPORTUNITY FOR HEARINGS TO THE PUBLIC. ANY TIME AFTER WASTES ARE IDENTIFIED AND LISTED, THE GOVERNOR OF ANY STATE MAY PETITION THE ADMINISTRATOR TO PLACE ADDITIONAL WASTES ON THE LIST. THE ADMINISTRATOR SHALL ACT UPON SUCH A PETITION WITHIN 90 DAYS. IF THE ADMINISTRATOR DENIES THE GOVERNOR'S REQUEST, BECUASE OF FINANCIAL CONSIDERATIONS, HE MUST STATE HIS REASONS IN DETAIL.

THE COMMITTEE ADOPTED HIS BIFURCATION OF DEVELOPING THE CRITERIA FOR WHAT IS A HAZARDOUS WASTE SEPARATE FROM THE IDENTIFICATION AND LISTING OF THE HAZARDOUS WASTES FOR THREE REASONS.

FIRST, THE CRITERIA FOR DETERMINING WHAT SHOULD BE CONSIDERED HAZARDOUS SHOULD NOT BE CONFUSED WITH AN ACTUAL HAZARDOUS WASTE. THE CRITERIA SHOULD REMAIN THE STANDARD OF JUDGEMENT AND THE WASTE SHOULD BE THAT WHICH IS ANALYZED BASED ON THE CRITERIA.

SECOND, THE COMMITTEE'S INTENTION IS THAT EPA, IN THE DEVELOPMENT OF THE CHARACTERISTICS OF A HAZARDOUS WASTE TAKE INTO CONSIDERATION THE TOXICITY OF THE WASTE, ITS PERSISTENCE AND DEGRADABILITY IN NATURE, ITS POTENTIAL FOR ACCUMULATION INTO TISSUE, AND OTHER RELAED FACTORS, SUCH AS FLAMMABILITY, CORROSIVENESS OR OTHER HAZARDOUS CHARACTERISTICS. ONLY AFTER THE CRITERIA FOR DETERMINING WHAT IS HAZARDOUS HAS BEEN DEVELOPED CAN THE ADMINISTRATOR DETERMINE WHICH SPECIFIC WASTES ARE HAZARDOUS.

THIRD, THE PUBLIC AS WELL AS STATE AND LOCAL AUTHORITIES AND THE INVOLVED INDUSTRIES HAVE INPUT BOTH IN THE DEVELOPMENT OF THE CRITERIA USED TO DETERMINE HAZARDOUS WASTES AND IN THE ACTUAL DETERMINATION OF WHICH WASTES ARE HAZARDOUS. FURTHER, THE PROCESSS OF LISTING HAZARDOUS WASTES IS A CONTINUING PROCESS, NOT A ONE TIME LISTING. SUCH PROCESS CAN OCCUR EITHER BY PETITION OF THE GOVERNOR OR A STATE PURSUANT TO SECTION 301 OR BY ANY OTHER PERSON PURSUANT TO SECTION 704 OF THIS ACT.

THE COMMITTEE ANTICIPATES THE IDENTIFICATION OF TWO BASIC TYPES OF SUBSTANCES; THOSE WHICH ARE HAZARDOUS IN THEIR ELEMENTAL AND MOST COMMON FORM, REGARDLESS OF CONCENTRATION, AND THOSE WHICH WHEN PRESENT IN SUFFICIENT CONCENTRATION OF WHEN MIXED WITH OTHER SUBSTANCES CONSTITITUE HAZARDOUS WASTE.

THE CRITERIA FOR IDENTIFICATION OF THESE SUBSTANCES SHOULD MAKE SURE A DISTINCTION BASED ON THE DANGER TO HUMAN HEALTH AND THE ENVIRONMENT. THE LISTING OF ANY SUBSTANCE NOT FOUND TO BE HAZARDOUS PER SE SHOULD 0E ACCOMPANIED BY AN EXPLANATION AS TO WHEN SUCH WASTES ARE CONSIDERED HAZARDOUS. SUCH EXPLANATION SHOULD RELATE TO THE QUANTITY, CONCENTRATION, PHYSICAL, CHEMICAL OR INFECTIOUS CHARACTERISTICS INCLUDING TOXICITY, PERSISTENCE AND DEGRADABILITY IN NATURE, POTENTIAL FOR ACCUMULATION IN HUMAN TISSUE AND OTHER FACTORS SUCH AS FLAMMABILITY AND CORROSIVENESS WHICH CONTRIBUTE TO THE HAZARDOUS NATURE OF THE SUBSTANCE, AND WHICH EPA IS TO CONSIDER AS PART OF THE LISTING PROCESS.

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MICROFORM REFILMED; SEE APPENDICES

IT IS THE COMMITTEE'S VIEW THAT THEIR IS SUFFICIENT PUBLIC INPUT AND THIS COUPLED WITH THE CITIZEN SUIT PROVISIONS CONTAINED IN SECTION 702, AND THE SECTION PERMITTING PETITIONS FOR NEW REGULATIONS PROVIDE SUFFICIENT PROTECTION FROM BOTH OVERZEALOUS OR LAX REGULATION.

STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

THE ADMINISTRATOR IS REQUIRED WITHIN 18 MONTHS AFTER NOTICE AND PUBLIC HEARINGS AND AFTER CONSULTATION WITH THE APPROPRIATE FEDERAL AND STATE AGENCIES, TO PROMULGATE REGULATIONS APPLICABLE TO THE GENERATORS OF HAZAROUDS WASTE THAT ARE EITHER IDENTIFIED OR LISTED.

ONE OF THE MAJOR PROBLEMS TO BE ADDRESSED IN THE HAZARDOUS WASTE AREA IS THE LACK OF INFORMATION CONCERNING THE COMPONENTS, VOLUMES AND SOURCES OF HAZARDOUS WASTE. TO DATE THERE HAS BEEN NO SURVEY OR OTHER WIDE RANGING INVESTIGATION OF THE SOURCES OF HAZARDOUS OR POTENTIALLY HAZARDOUS WASTE GENERATION OR DISPOSAL. AS A RESULT, LITTLE IS KNOWN ABOUT THE ACTUAL VOLUME OF HAZARDOUS WASTE BEING GENERATED, THE GEOGRAPHICAL DISTRIBUTION OF THE GENERATORS OR THE EXTENT TO WHICH HAZARDOUS WASTES ARE TRANSPORTED. NEITHER DOES THE COMMITTEE OR THE EPA KNOW WHERE PANELS OF THE WASTE WHICH IS CLEARLY HAZARDOUS IS BEING DISPOSED OF.

TO GAIN THE INFORMATION NEEDED TO ADEQUATELY PLAN FOR THE DISPOSAL OF HAZARDOUS WASTE AND TO ENSURE ITS PROPER DISPOSAL. IT IS IMPERATIVE TO KNOW WHAT IS BEING GENERATED, WHERE AND BY WHOM.

RATHER THAN PLACE RESTRICTIONS ON THE GENERATION OF HAZARDOUS WASTE, WHICH IS MANY INSTANCES WOULD AMOUNT TO INTERFERENCE WITH THE PRODUCTIVE PROCESS ITSELF, THE COMMITTEE HAS LIMITED THE RESPONSIBILITY OF THE GENERATOR FOR HAZARDOUS WASTE TO ONE OF PROVIDING INFORMATION.

THE REQUIREMENTS OF THE ADMINISTRATOR APPLYING TO GENERATORS OF HAZARDOUS WASTE ARE TO INCLUDE THE KEEPING OF RECORDS ON THE NATURE AND VOLUME OF HAZARDOUS WASTE GENERATED. GENERATORS WILL BE REQUIRED TO MAKE PERIODIC REPORTS TO THE ADMINISTRATOR REGARDING THE HAZARDOUS WASTES GENERATED.

GENERATORS WILL ALSO BE REQUIRED TO KEEP TRANSPORTATION RECORDS SHOWING THE CARRIER INTO WHOSE CUSTODY WASTES ARE SURRENDERED, AND THE INTENDED DESTINATION OF THE WASTE. WASTES BEING TRANSPORTED ARE TO BE PROPERLY CONTAINERIZED, IF REQUIRED BY THE ADMINISTRATOR TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT, AND LABELED. CONTAINERIZATION AND LABELING ARE TO BE RESPONSIBILITIES OF THE GENERATOR.

THE LABELING REQUIRED BY THE ADMINISTRATOR IS TO PROVIDE INFORMATION ON THE GENERAL CHARACTERISTICS AND COMPOSITION OF THE WASTES AND A WARNING THAT SUCH WASTES ARE HAZARDOUS.

THROUGH THIS PROCESS THE ADMINISTRATOR WILL HAVE AT HAND INFORMATION ON THE LOCATION AND VOLUME OF WASTES BEING GENERATED. TRANSPORTERS OF THE WASTES WILL KNOW WHAT THE CARGO CONTAINS, ITS GENERAL CHARACTERISTICS, AND WILL HAVE A WARNING AS TO ITS NATURE. FURTHER, THOSE WHO RECEIVE SUCH WASTES FOR TREATMENT, STORAGE, OR DISPOSAL WILL HAVE ACCURATE KNOWLEDGE OF THE CHARACTERISTICS AND CONSTITUENTS OF SUCH WASTE PRIOR TO WORKING WITH SUCH WASTES.

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ALTHOUGH THERE WILL BE NO REQUIREMENT OF THE GENERATOR TO MODIFY HIS PRODUCTION PROCESS TO REDUCE OR ELIMINATE THE VOLUME OF HAZARDOUS WASTE, HE WILL BEAR THE BURDEN OF RECORD KEEPING, REPORTING TO THE ADMINISTRATOR, AND PROVIDING INFORMATION AND WARNING TO THE TRANSPORTER OF THE WASTE, AND TO THOSE WHO TREAT, STORE OR DISPOSE OF SUCH WASTES.

STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTES

THESE PROVISIONS REQUIRE THE ADMINISTRATOR TO PROMULGATE WITHIN 18 MONTHS, REGULATIONS RELATING TO THE TRANSPORTATION OF HAZARDOUS WASTES. THESE REGULATIONS ARE AGAIN TO INCLUDE RECORDKEEPING, PROPER LABELING, COMPLIANCE WITH A MANIFEST SYSTE, AND WILL REQUIRE DELIVERY OF THE WASTE TO A FACILITY WHICH THE SHIPPER DESIGNATES ON THE MANIFEST FORM AS ONE THAT HAS BEEN ISSUED A HAZARDOUS WASTE TREATMENT, STORAGE OR DISPOSAL PERMIT.

FURTHER, THE ADMINISTRATOR IS REQUIRED TO COORDINATE THESE REGULATIONS WITH THOSE OF THE SECRETARY OF TRANSPORTATION REGARDING TRANSPORTATION OF HAZARDOUS MATERIALS' ALL REGULATIONS PROMULGATED BY THE ADMINISTRATOR SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE HAZARDOUS MATERIALS TRANSPORTATION ACT. THE ADMINISTRATOR IS AUTHORIZED TO MAKE RECOMMENDATIONS TO THE SECRETARY OF TRANSPORTATION AS TO REGULATIONS UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT AND WITH RESPECT TO THE ADDITION OF MATERIALS TO BE COVERED BY THAT ACT.

THE PURPOSE OF THE REQUIREMENTS FOR HAZARDOUS WASTES PLACED IN THE FLOW OF COMMERCE ARE HANDLED IN A MANNER PROTECTIVE OF HUMAN HEALTH AND ENVIRONMENTAL VITALITY AND DELIVERED ONLY TO A FACILITY OR SITE ADEQUATE TO PROPERLY DISPOSE OF SUCH WASTES.

IS IS NOT THE COMMITTEE'S INTENT TO INTERFERE WITH THE TRANSPORTATION OF THE WASTE BUT RATHER TO