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MICROFORM REFILMED; SEE APPENDICES.
TABLE OMITTED.
4. RESOURCE RECOVERY ACTIVITIES
A. NUMBER OF STATES WITH
I. A GRANT OR LOAN PROGRAM FOR RESOURCE RECOVERY = 9.
II. PLANNING AND OR REGULATION FOR RESOURCE RECOVERY = 12.
III. OPERATING AUTHORITIES FOR RESOURCE RECOVERY = 5.
IV. ENERGY RECOVERY SYSTEMS BY 1980 = 15 (ESTIMATE).
1. RELATIONSHIP OF LAND DISPOSAL METHODS AND DAMAGE MECHANISMS
A. TABLE I-16 AT PAGE 40 REPRESENTS A PRELIMINARY ESTIMATE OF THE
RELATIONSHIP BETWEEN THE VARIOUS LAND DISPOSAL METHODS AND COMMONLY
OCCURRING DAMAGE MECHANISMS. THE TABLE IS BASED ON 311 CASES STUDIED TO
DATE IN AN ONGOING EFFORT BY THE ENVIRONMENTAL PROTECTION AGENCY OFFICE
OF SOLID WASTE MANAGEMENT PROGRAMS TO ASSESS THE NATIONWIDE DAMAGES
CAUSED BY INDUSTRIAL WASTE LAND DISPOSAL PRACTICES. IT SHOULD BE NOTED
THAT THE DATA SUMMARIZED IN THE TABLE ARE NOT NATIONALLY REPRESENTATIVE
SINCE 57 OUT OF THE 311 CASE STUDIES WERE OBTAINED FROM AN INCOMPLETE
SURVEY OF PENNSYLVANIA, A STATE THAT ALREADY HAS A PERMIT SYSTEM FOR
LANDFILLS AND SURFACE IMPOUNDMENTS. THE MOST FLAGRANT ENVIRONMENTAL
OFFENSES GENERALLY OCCUR IN THOSE STATES THAT -- UNLIKE PENNSYLVANIA --
DO NOT HAVE A REGULATORY PROGRAM FOR INDUSTRIAL WASTE DISPOSAL.
RESULTS
1. NEARLY 50 PERCENT OF THE NATION IS DEPENDENT ON GROUND WATER
SUPPLIES, AND THE PERCENTAGE IS GROWING.
2. GROUND WATER CONTAMINATION IS THE MOST PREVALENT DAMAGE MECHANISM
-- NEARLY TWICE AS FREQUENT AS SURFACED WATER CONTAMINATION.
3. THE CATEGORY OF "OTHER LAND DISPOSAL" (E.G. DISPOSING ON
FARMLAND, SPRAY IRRIGATION, HAPHAZARD DISPOSAL ON VACANT LANDS, ETC.)
WAS THE MAJOR CONTRIBUTOR IN NEARLY ALL OF THE IDENTIFIED DAMAGE
MECHANISMS.
4. A SIGNIFICANT NUMBER OF WATER SUPPLY WELL CONTAMINATION CASES (37
PERCENT) ORIGINATED FROM "OTHER LAND DISPOSAL" AND SURFACE IMPOUNDMENTS.
5. LEACHATE FROM LANDFILLS AND DUMPS CONTRIBUTED ONLY TO ABOUT
ONE-SIXTH OF THE WELL CONTAMINATION CASES.
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MICROFORM REFILMED; SEE APPENDICES.
TABLE OMITTED
TABLE I-16. -- PRELIMINARY ESTIMATE OF THE RELATIONSHIP BETWEEN
DISPOSAL METHOD AND DAMAGE MECHANISM, EXPRESSED AS PERCENT OF CASES
STUDIED)
2. SIX ROUTES OF ENVIRONMENTAL TRANSPORT THROUGH WHICH IMPROPER LAND
DISPOSAL OF HAZARDOUS DISCARDED MATERIALS CAN RESULT IN DAMAGE
(INFORMATION BASED ON 1975 ENVIRONMENTAL PROTECTION AGENCY "SUMMARY
OF DAMAGE INCIDENTS FROM IMPROPER LAND DISPOSAL")
A. GROUND WATER CONTAMINATION BY WAY OF LEACHATE
I. APPROXIMATELY 50 PERCENT OF THE NATION'S DOMESTIC WATER SUPPLIES
ARE DERIVED FROM UNDERGROUND AQUIFERS, AND THE QUALITY OF THESE
GROUNDWATERS IS CLOSELY RELATED TO LAND DISPOSAL PRACTICES.
II. THE MAJOR PERILS INHERENT IN GROUND WATER CONTAMINATION ARE, (A)
THE ELUSIVE NATURE AND THE LONG DURATION OF THE PROBLEM. (B) ALMOST ALL
OF THE CASE STUDIES REPORTED TO DATE WERE DISCOVERED AFTER THE DAMAGE TO
THE GROUND WATER HAD ALREADY OCCURRED. (C) THE SUBSURFACE MIGRATION OF
POLLUTANTS IS A VERY SLOW PROCESS, THUS MOST OF THE DAMAGE CAUSED BY THE
DISPOSAL OF HUGE QUANTITIES OF HAZARDOUS WASTES DURING THE PAST DECADES
ARE STILL TO BE EVIDENCED. (D) ONCE THE PROBLEM MANIFESTS ITSELF, IT
MAY TAKE DECADES OR CENTURIES AND ENORMOUS RESOURCES -- IF THE
TECHNOLOGY IS AVAILABLE -- TO REMEDY THE DAMAGE.
III. RELATED CASE STUDIES; (A) ELEVEN PERSONS DEVELOPED SYMPTOMS OF
ARSENIC POISONING FROM MINNESOTA WELL WATER IN AN AREA IN WHICH
ARSENIC-CONTAINING PESTICES HAD BEEN BURIED SOME 35 YEARS BEFORE. (B)
TOXIC CADIUM AND HEXAVALENT CHROMIUM FOUND IN GROUNDWATER IN AN AREA
WHERE NEW YORK ELECTROPLATING WASTE WATERS WERE DUMPED IN UNLINED
SETTLING POOLS 18 YEARS EARLIER. (C) CLOSING A LARGE MUNICIPAL LANDFILL
IN DELAWARE AFTER 9 YEARS CAUSED CHEMICAL AND BIOLOGICAL LEACHATE IN
GROUNDWATER 4 YEARS LATER AT A COST OF 26 MILLION DOLLARS TO REMEDY. TO
DATE, APPROXIMATELY 2 MILLION DOLLARS HAVE BEEN SPENT ON THIS INCIDENT
EXCLUSIVE OF ADMINISTRATIVE AND LEGAL COSTS. THIS WATER SUPPLY SERVED
40,000 PEOPLE.
B. SURFACE CONTAMINATION BY WAY OF RUNOFF
I. INDUSTRIAL SOLID DISCARDED MATERIALS THAT ARE DUMPED ON LAND
ULTIMATELY FIND THEIR WAY INTO SURFACE WATERS THROUGH NATURAL RUNOFF.
II. IMPROPERLY LAGOONED LIQUID DISCARDED MATERIALS OF FACTORIES,
ETC., TRAVEL TO SURFACE STREAMS BY OVERFLOW OR SEEPAGE THROUGH DIKES.
III. RELATED CASE STUDY; (A) DRUMS OF INDUSTRIAL DISCARDED
MATERIALS CONTAINING CYANIDES, ARSENIC, CADMIUM, CHROMIUM, PETROLEUM
PRODUCTS, ACIDS, AND MISCELLANEOUS OTHER TOXIC AND CORROSIVE MATERIALS
WERE DUMPED ON FARMLAND IN ILLINOIS. THREE CATTLE DIED OF CYANIDE
POISONING TWO YEARS LATER, AND IT WAS DISCOVERED THAT SURFACE WATER
RUNOFF INDICATED A MAXIMUM CYANIDE CONCENTRATION OF 365 PPM. (THE U.S.
PUBLIC HEALTH SERVICE DRINKING WATER STANDARD FOR CYANIDE IS .2 PPM).
C. AIR POLLUTION BY WAY OF OPEN BURNING, EVAPORATION, SUBLIMATION,
AND WIND EROSION.
I. HARMFUL EFFECTS OF DISCARDED MATERIALS DUMPED ON LAND TRANSMITTED
TO THE ENVIRONMENT THROUGH THE MEDIUM OF AIR.
(A) BURNING DUMPS HAVE EMITTED IRRITATING AND TOXIC FUMES AND HAVE
ALSO CAUSED AUTOMOBILE ACCIDENTS BY CREATING POOR VISIBILITY.
(B) EVAPORATION AND SUBLIMATION OF VOLATILE TOXIC INDUSTRIAL LIQUID
AND SOLID DISCARDED MATERIALS CAN CAUSE DAMAGE TO PUBLIC HEALTH AND THE
ENVIRONMENT.
(C) WIND EROSION OF HARMFUL DUST FROM LAND-DISPOSED DISCARDED
MATERIALS IS AN OCCUPATIONAL HAZARD TO LANDFILL OPERATORS AND A DANGER
TO NEARBY RESIDENTS.
II. RELATED CASE STUDIES; (A) THE LAND DISPOSAL OF
HEXACHLOROBENZENE, A TOXIC SOLID BYPRODUCT IN THE MANUFACTURE OF
PERCHLOROETHYLENE, DUMPED ON A RURAL LANDFILL IN LOUISIANA, WAS ABSORBED
FROM THE AIR INTO THE BODY TISSUES OF CATTLE. UP TO 20,000 HEAD OF
CATTLE WERE QUARANTINED CAUSING THE RANCHERS AN ECONOMIC LOSS OF
APPROXIMATELY 3.9 MILLION DOLLARS. SAMPLING AND TESTING ALONE COST THE
STATE AND FEDERAL GOVERNMENT OVER 150,000 DOLLARS.
(B) LARGE QUANTITIES OF VOLATILE ORGANIC LIQUID DISCARDED MATERIALS
WERE DUMPED INTO A SAND AND GRAVEL QUARRY IN MARYLAND RESULTING IN
WIDESPREAD COMPLAINTS BY RESIDENTS OF NAUSEATING FUMES.
(C) DISCARDED INDUSTRIAL ASBESTOS MATERIALS ARE FREQUENTLY LAND
DISPOSED WITHOUT A SOIL COVER TO PREVENT WIND EROSION OF THE HARMFUL
FIBERS WHOSE INHALATION CAN CAUSE ASBESTOSIS, LUNG CANCER,
MESOTHELIOMAS, AND PLEURAL LESIONS IN HUMANS. IN SPITE OF AMPLE LOCAL
PUBLICITY ABOUT THE POTENTIAL HAZARDS, CHILDREN ARE STILL USING A
PLAYGROUND IN PENNSYLVANIA THAT IS LOCATED DIRECTLY ADJACENT TO AN
INACTIVE 1.5 MILLION CUBIC YARD PILE OF DISCARDED INDUSTRIAL ASBESTOS
MATERIALS.
D. POISONING BY WAY OF DIRECT CONTACT
I. THIS TYPE OF POISONING USUALLY OCCURS WHEN THERE IS A SURPLUS OF
TOXIC DISCARDED MATERIALS SUCH AS PESTICIDES THAT ARE NOT DISPOSED OF
SAFELY.
II. RELATED CASE STUDIES; (A) DRUMS THAT ONCE HAD CONTAINED VARIOUS
PESTICIDES, INCLUDING METHYL PARATHION, ETHYL PARATHION, TOXAPHENE AND
DDT WERE LOCATED APPROXIMATELY 50 FEET FROM A FAMILY DWELLING ON CITY
PROPERTY IN ARKANSAS. THE RESIDENTS WERE URGED TO USE A DRUM TO
EXPEDITE TRASH COLLECTION. A 2 1/2 YEAR OLD CHILD, AFTER PLAYING AMONG
THE DRUMS, WAS ADMITTED TO THE HOSPITAL SUFFERING FROM SYMPTOMS
ORGANOPHOSPHATE POISONING. ENOUGH CONCENTRATE WAS IN EVIDENCE OF TO
INTOXICATE ANYONE IN CONTACT WITH IT.
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MICROFORM REFILMED; SEE APPENDICES.
(B) EMPTY BAGS OF PESTICIDES WERE LEFT IN A FIELD IN IDAHO AFTER THE
CONTENTS HAD BEEN DUMPED. THE BAGS BLEW INTO A COW PASTURE AND FOURTEEN
CATTLE DIED AFTER LICKING THE BAGS.
(C) IN CALIFORNIA, AT LEAST 18 PERSONS WERE HOSPITALIZED AND TWO
FIREMEN SUFFERED PERMANENTLY DISABLING LUNG DAMAGE AFTER INHALING A
NEUATOCIDE EMANATING FROM AN UNDEPLETED 300-POUND PRESSURIZED CANISTER
THAT HAD BEEN IMPROPERLY DISPOSED OF BY THE MANUFACTURER. THE CANISTER
HAD BEEN PICKED UP BY A MAN TO USE AS "A NICE STAND-UP FIREPLACE."
E. POISONING BY WAY OF THE FOOD CHAIN
I. THIS IS A HAZARD THAT IS DIFFICULT TO IDENTIFY AND CONFIRM
BECAUSE THERE IS NOT ENOUGH SCIENTIFIC EVIDENCE.
II. RELATED CASE STUDY; (A) GRAIN THAT WAS TREATED WITH METHYL
MERCURY TYPE SEED DRESSING WAS FED TO SOME HOGS IN NEW MEXICO. THREE
CHILDREN SUFFERED SERIOUS ALKYL MERCURY POISONING AFTER EATING PORK FROM
THESE HOGS. A PREGNANT WOMAN WHO ATE THE PORK GAVE BIRTH TO A BABY WITH
CONGENITAL MERCURY POISONING. THE RELATION OF THIS INCIDENT TO IMPROPER
LAND DISPOSAL IS THAT SOME OF THE GRAIN WAS DUMPED AT A LOCAL DUMP AND
SCAVENGED FOR FEED.
F. FIRE AND EXPLOSION
I. NUMEROUS INJURIES TO LANDFILL OPERATING PERSONNEL HAVE BEEN
CAUSED BY FIRES AND EXPLOSIONS DUE TO IMPROPER SAFETY PRECAUTIONS, AN
EXAMPLE OF WHICH IS THEMIXING OF CHEMICALLY REACTIVE AND MUTUALLY
INCOMPATIBLE MATERIALS, OR LANDFILLING OF UNIDENTIFIED DISCARDED
CHEMICAL MATERIALS.
II. RELATED CASE STUDY; (A) A BULLDOZER OPERATOR IN NEW JERSEY WAS
KILLED BY AN EXPLOSION AT AN INDUSTRIAL LANDFILL WHILE BURYING DRUMS OF
AN UNIDENTIFIED CHEMICAL. THE VICTIM DIED OF BURNS WHICH COVERED 85
PERCENT OF HIS BODY.
3. DISCARDED MATERIALS STORAGE
THE IMPROPER STORAGE OF DISCARDED MATERIALS IS THE GREATEST SINGLE
SOURCE OF FIRES IN THE INNER CITY. SINCE FIREST RESULT IN A LOSS OF
LIFE AND IN INJURIES AS WELL AS PROPERTY LOSS, THE IMPROPER STORAGE OF
DISCARDED MATERIALS IS AN INDIRECT SAFETY HAZARD. (THE FOLLOWING
EXAMPLES ARE FROM A 1975 ENVIRONMENTAL PROTECTION AGENCY PUBLICATION,
"RELATIONSHIP OF SOLID WASTE STORAGE PRACTICES IN THE INNER CITY TO THE
INCIDENCE OF RAT INFESTATION AND FIRES.")
A. IN NEW YORK CITY, 34 PERCENT OF ALL FIRES IN 1972 WERE ATTRIBUTED
TO IMPROPER DISCARDED MATERIAS STORAGE.
4. FUTURE ENVIRONMENTAL DAMAGE IS EXPECTED TO GROW DUE TO INCREASING
PRESSURES FOR LAND FISPOSAL
A. ENVIRONMENTAL PROTECTION AGENCY AND STATE AUTHORITIES ARE
EXPANDING THE DEGREE OF CONTROL ON AIR EMISSIONS AND WATER EFFLUENTS AND
PESTICIDE USE AND DISPOSAL.
B. OCEAN DISPOSAL PERMIT CONDITIONS ARE BECOMING INCREASINGLY MORE
STRINGENT.
C. CURRENT PRESSURES FOR LAND DISPOSAL CAN BE EXPECTED TO ESCALATE
BY THE MID-1980'S WHEN ALL THESE REGULATIONS TAKE FULL EFFECT.
H. MATERIALS SHORTAGE
1. CENTRAL ISSUES; A. RESOURCE CONSERVATION AND THE FUTURE
ADEQUACY OF THE RESOURCE BASE TO SUSTAIN DESIRED RATES OF ECONOMIC
GROWTH. B. THE INCREASING DEPENDENCY ON FOREIGN SOURCES OF CRUDE RAW
MATERIALS AND THE CONSEQUENT ADVERSE IMPLICATIONS FOR INTERNATIONAL
BALANCE OF PAYMENTS, STRATEGIC SELF-SUFFICIENCY, AND INTERNATIONAL
RELATIONS.
2. A SUMMARY OF THE HISTORICAL PATTERN OF U.S. MATERIAL CONSUMPTION
FOR BROADLY DEFINED RAW MATERIAL COMMODITY CATEGORIES IS SHOWN IN TABLE
I-17.
TABLE OMITTED
A. THE ANNUAL VALUE OF ALL RAW MATERIALS CONSUMED HAS VIRTUALLY
QUADRUPLED SINCE 1900. THE GREATER PART OF THIS INCREASE IS ACCOUNTED
FOR BY FOOD AND ENERGY RAW MATERIALS, WHICH TOGETHER TEND TO DOMINATE
THE ABSOLUTE VALUE MAGNITUDES.
C. NOT ONLY ARE THE ABSOLUTE QUANTITIES GROWING RAPIDLY FOR MOST
CATEGORIES OF CRUDE RAW MATERIALS, BUT THERE IS ALSO SOME EVIDENCE THAT
EVEN THE PERCENT GROWTH RATES HAVE BEEN INCREASING OVER THE RECENT PAST.
D. A COMPARISON OF CRUDE RAW MATERIAL CONSUMPTION WITH GROSS
NATIONAL PRODUCT (GNP) SHOWS THAT CRUDE AND SEMI-PROCESSED RAW MATERIALS
CURRENTLY CONTRIBUTE A RELATIVELY SMALL PROPORTION TO THE GROSS NATIONAL
PRODUCT, AND THIS CONTRIBUTION HAS BEEN DECREASING CONTINUOUSLY SINCE AT
LEAST 1929 DOWN FROM 13.4 PERCENT IN 1929, TO 10 PERCENT IN 1959, TO 8
PERCENT IN 1969. THUS, IN SPITE OF THE RAPID GROWTH IN RAW MATERIAL
CONSUMPTION, THE GROSS NATIONAL PRODUCT HAS EXPANDED AT AN EVEN MORE
RAPID PACE.
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3. TABLE I-18 BELOW SUMMARIZES THE RESULTS OF EXTRAPOLATING
HISTORICAL GROWTH TRENDS TO THE YEARS 1980, 1985, 1990, AND 2000. TWO
ALTERNATIVE PROJECTIONS ARE MADE FOR EACH YEAR, A "HIGH" VALUE, BASED ON
THE INDIVIDUAL CATEGORY'S 1959-69 GROWTH RATE EXPERIENCE, AND A *LOW"
VALUE, BASED ON ITS LONGER TERM 1929-69 GROWTH RATE.
TABLE OMITTED
A. GROSS NATIONAL PRODUCT IS EXPECTED TO REACH 3.25 TIMES INTO 1972
LEVEL (OR AN INCREASE OF 225 PERCENT) IN REAL TERMS BY THE YEAR 2000
UNDER THE HIGH GROWTH RATE ASSUMPTION OR 2.42 TIMES ITS 1972 LEVEL (AN
INCREASE OF 142 PERCENT) UNDER THE LOW GROWTH RATE ASSUMPTION.
B. THE PROJECTIONS FOR CONSUMER OR HOUSEHOLD SECTOR TOTAL PERSONAL
CONSUMPTION CLOSELY FOLLOW THOSE FOR THE GROSS NATIONAL PRODUCT WITH
DURABLE GOODS GROWING SUBSTANTIALLY FASTER AND NONDURABLE GOODS SOMEWHAT
LESS RAPIDLY.
C. ON THE BASIS OF PAST PERFORMANCE, RAW MATERIAL CONSUMPTION SHOULD
GROW PROPORTIONATELY LESS RAPIDLY THAN EITHER THE GROSS NATIONAL
PRODUCT.
E. IN SUMMARY, THIS RATE OF ECONOMIC GROWTH IMPLIES, BY THE YEAR
2000, AN INCREASE IN OVERALL U.S. DEMANDS ON THE SO-CALLED "RENEWABLE"
AGRICULTURAL AND FORESTRY RESOURCES OF 50 PERCENT OR MORE AND ON MINERAL
DEPOSITS OF ABOUT 2.5 TIMES OUR PRESENT CONSUMPTION RATE.
4. TODAY UNITED STATES DEPENDENCE ON FOREIGN MATERIALS IS ALREADY
HIGH AND TRANSLATES INTO A LARGE OUTFLOW OF GOLD ($8 BILLION IN 1970).
BY 1985, ACCORDING TO DEPARTMENT OF THE INTERIOR ESTIMATES, THE MINERAL
DEFICIT WILL HAVE REACHED $32 BILLION, 1.8 PERCENT OF THE GROSS NATIONAL
PRODUCT, UP FROM 0.8 PERCENT IN 1970.
A. THE UNITED STATES DOES NOT POSSESS KNOWN COMMERCIAL SCALE
DEPOSITS OF SOME RAW MATERIALS (SUCH AS TIN AND NICKEL), AND THAT FOR
ACCESSIBLE DEPOSITS HAVE ALREADY BEEN LARGELY DEPLETED.
B. SEE TABLE I-19, BELOW, FOR AN INDICATION OF THE IMPACT OF MINERAL
IMPORTS ON THE UNITED STATES BALANCE OF PAYMENTS (SOURCE: "FINAL REPORT
OF NATIONAL COMMISSION ON MATERIALS POLICY," P. 2-26).
TABLE OMITTED.
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MICROFORM REFILMED; SEE APPENDICES.
C. SEE TABLE I-20, BELOW, FOR AN ILLUSTRATION OF PERCENTAGE OF
UNITED STATES MINERAL REQUIREMENTS IMPORTED DURING 1972 ("FINAL REPORT",
P. 2-25.)
TABLE OMITTED
5. TWO VIEWPOINTS REGARDING THE FUTURE ADEQUACY OF THE NATURAL
RESOURCE SUPPLIES;
A. ECONOMIC CATASTROPHE MUST INEVITABLY OVERTAKE US AT SOME FUTURE
TIME AS HIGH-GRADE MINERAL DEPOSITS BECOME SUCCESSIVELY EXHAUSTED,
LOW-GRADE DEPOSITS BECOME INCREASINGLY COSTLY TO DISCOVER AND EXPLOIT,
AND THE UPPER LIMITS OF SUSTAINED-YIELD RESOURCES ARE ACHIEVED.
B. MAINTAINING HIGH PER CAPITAL GROWTH RATES OF MATERIAL CONSUMPTION
DEPENDS PRIMARILY ON HUMAN INGENUITY. PRESENT KNOWLEDGE OF THE EXTENT
OF MINERAL DEPOSITS IS INFINITESIMAL COMPATED WITH THE UNEXPLORED
REACHES OF THE PLANET. LIMITS ARE THOSE IMPOSED BY HUMAN KNOWLEDGE,
TECHNOLOGY AND ECONOMIC ORGANIZATION.
6. ALTHOUGH INDIVIDUAL MATERIALS MAY BE LIMITED, THE FUNCTIONAL
CHARACTERISTICS FOR WHICH ANY GIVEN MATERIAL IS EMPLOYED IS REGARDED IN
PRINCIPLE AS POTENTIALLY AVAILABLE IN OTHER MATERIALS.
7. ECONOMIC SYSTEM IS SEEN AS CAPABLE OF DEVISING ENTIRELY DIFFERENT
FINAL PRODUCTS TO SERVE TRADITIONAL DEMANDS OR USES.
8. GIVEN THESE FACTS, ENVIRONMENTAL PROTECTION AGENCY STATES IT IS
DIFFICULT TO IDENTIFY ANY SPECIFIC NATERAL RESOURCE COMMODITY THAT IS
ESSENTIAL OR CRITICAL IN ANY ABSOLUTE SENSE OR TO IDENTIFY ANY
NON-REPLENISHABLE RESOUCES THAT ARE EXHAUSTIBLE.
9. THE CURRENT SHORTAGES OF ENERGY AND MATERIALS SHOULD SERVE TO
ILLUSTRATE THAT EVEN IF THE RESOURCE BASE IS ADEQUATE, ACQUISITION OF
MATERIALS CAN BE ACCOMPANIED BY SEVERE SHORT-TERM DISLOCATIONS AND
SOCIAL COSTS.
10. A NUMBER OF AREAS OF CONSIDERABLE UNDERTAINTY AND RISK REGARDING
LONG-TERM FUTURE VIRGIN RESOURCE SUPPLIES;
A. THE EXTENT OF FUTURE MINERAL DISCOVERIES AND THE COST OF
EXPLOITING THEM. CONTINUED HIGH AND GROWING RATES OF RESOURCE
CONSUMPTION COULD WELL FORCE USE OF LOWER GRADE ORES OR ENERGY MATERIALS
AT HIGH EXTRACTION COSTS.
B. FUTURE GROWTH RATES OF WORLD MARKET DEMANDS, ESPECIALLY OF THE
PRESENTLY UNDERDEVELOPED NATIONS OF THE WORLD, AND INCREASING
COMPETITION FOR MANY COMMODITIES ON WORLD MARKETS.
C. GEOPOLITICAL EVENTS THAT COULD SIGNIFICANTLY AFFECT THE UNITED
STATES POSITION IN INTERNATIONAL MARKETS FOR PARTICULAR COMMODITIES OR
CAUSE UNUSUAL DEMANDS ON UNITED STATES EXPORTS.
11. IT MUST BE BORNE IN MIND THAT THERE ARE COMMUNITY AND REGIONAL
DISRUPTION COSTS ASSOCIATED WITH INDUSTRY RELOCATION DUE TO DYNAMIC
CHANGE IN RAW MATERIAL TYPES AND SOURCES. THESE ARE SELDOM IF EVER
FACTORED INTO THE PRIVATE MARKET PRICING CALCULUS AS FUTURE SOCIAL COSTS
OF NATURAL RESOURCE SUPPLY.
12. THE EXPLOITATION OF LOW-GRADE RESOURCES (E.G., SHALE OIL VERSUS
CRUDE OIL) IS GENERA-LY ACCOMPANIED BY EXTERNAL ENVIRONMENTAL COSTS
(SUCH AS BULK SHALE OIL RESIDUES, WHICH REQUIRE LARGE LAND AREA FOR
DISPOSTION).
13. THREE SUMMARY DIRECTIVES FROM THE "1973 FINAL REPORT OF THE
NATIONAL COMMISSION ON MATERIALS POLICY," WHICH THE COMMISSION BELIEVES
WILL MOVE THE NATION TOWARD MEETING THE CHALLENGES OF SECURING A
SUFFICIENT SUPPLY OF MATERIALS WHILE MANAGING AND CONSERVING THE
PHYSICAL BASIS OF UNITED STATES NATIONAL LIFE, ARE;
A. "STRIKE A BALANCE BETWEEN THE 'NEED TO PRODUCE GOODS' AND THE
'NEED TO PROTECT THE ENVIRONMENT' BY MODIFYING THE MATERIALS SYSTEM SO
THAT ALL RESOURCES, INCLUDING ENVIRONMENTAL, ARE PAID FOR BY USERS.
B. "STRIVE FOR AN EQUILIBRIUM BETWEEN THE SUPPLY OF MATERIALS
PRODUCTION AND BY CONSERVING MATERIALS THROUGH ACCELERATED DISCARDED
MATERIALS RECYCLING AND GREATER EFFICIENCY OF USE OF MATERIALS.
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C. "MANAGE MATERIALS POLICY MORE EFFECTIVELY BY RECOGNIZING THE
COMPLEX INTERRELATIONSHIPS OF THE MATERIALS ENERGY ENVIRONMENT SYSTEM SO
THAT LAWS, EXECUTIVE ORDERS, AND ADMINISTRATIVE PRACTICES REINFORCE
POLICY AND NOT COUNTERACT IT." ("FINAL REPORT," P. 1-4).
14. IN ADDITION THE COMMISSION "CONSIDERS RESOURCE RECOVERY AMONG
THE HIGHEST NATIONAL PRIORITIES AND ENCOURAGES THE CONGRESS AND THE
EXECUTIVE BRANCH TO ESTABLISH RECYCLING AS AN EXPLICIT NATIONAL GOAL."
("FINAL REPORT," P. 1-7).
15. SEE TABLE I-21, BELOW FOR A SCALE DRAWING OF THE RELATIVE
IMPORTANCE OF DOMESTIC MINERAL RAW MATERIALS, IMPORTS, EXPORTS, AND
PROCESSED AND RECYCLED MATERIALS TO THE GROSS NATIONAL PRODUCT FOR 1972
("FINAL REPORT," P. 2-2).
TABLE OMITTED
TABLE I-21 BASIC MINERAL MATERIALS, INCLUDING METALS, NONMETALLICS,
AND FUELS, CONSTITUTE ONLY ABOUT 3 PERCENT OF THE GROSS NATIONAL
PRODUCT. AS THESE MATERIALS ARE PROCESSED, THEIR VALUE IS MULTIPLIED
NEARLY 5-FOLD BY IMPUTS OF LABOR, CAPITAL, PRODUCTIVITY, AND ENTERPRISE.
THE AREAS OF THE SQUARES, DRAWN TO DOLLAR SCALE, PUT INTO FOCUS THE
RESPECTIVE SEGMENTS OF THE ECONOMY. SOURCE; BUREAU OF MINES DATA, U.S.
DEPARTMENT OF THE INTERIOR, 1973. REFERENCE (1).
VIRGIN AND SECONDARY MATERIAL USE
1. THERE ARE THREE MAJOR FEDERAL POLICIES THAT AFFECT MATERIAL USE
A. FREIGHT RATE REGULATIONS FOR VIRGIN AND SECONDARY COMMODITIES.
B. FEDERAL PROCUREMENT SPECIFICATIONS FOR PRODUCTS CONTAINING
RECYCLED MATERIALS.
C. TAX BENEFITS FOR VARIOUS VIRGIN MATERIAL INDUSTRIES.
2. FREIGHT RATES FOR VIRGIN AND SECONDARY MATERIALS
A. THE CURRENT CONTROVERSY CONCERNING FREIGHT RATES FOR SECONDARY
MATERIALS CENTERS AROUND THE ISSUE OF DISCRIMINATION.
B. TO DEMONSTRATE DISCRIMINATION AGAINST SECONDARY MATERIAL, IT MUST
BE SHOWN THAT THE RATE RELATIONSHIP BETWEEN VIRGIN AND SECONDARY
MATERIALS IS THE SOURCE OF ACTUAL INJURY TO SHIPPERS OF SECONDARY
MATERIALS. THIS ESSENTIALLY REQUIRES DEMONSTRATION THAT CURRENT RATES
FOR SECONDARY MATERIAL ARE TOO HIGH RELATIVE TO THE RATES FOR VIRGIN
MATERIAL AND THAT, AS A RESULT, THERE IS A DECREASE IN RECYCLING.
C. SECTION 204 ENTITLED "INVESTIGATION OF DISCRIMINATORY FREIGHT
RATES FOR THE TRANSPORTATION OF RECYCABLE OR RECYCLED MATERIALS" IS
CONTAINED IN THE RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF
1976 (PL 94-210) SIGNED INTO LAW FEBRUARY 5, 1976.
3. FEDERAL PROCUREMENT OF PRODUCTS CONTAINING RECYCLED MATERIALS
A. THE POTENTIAL FOR FEDERAL PROCUREMENT TO DEVELOP MARKET DEMAND
FOR RECOVERY RESOURCES.
I. OF THE 66 BILLION DOLLARS IN DIRECT FEDERAL PROCUREMENT IN 1970,
53.4 BILLION DOLLARS WAS DEFENSE AND 12.6 BILLION DOLLARS WAS
NONDEFENSE-RELATED (ENVIRONMENTAL PROTECTION AGENCY "SECOND REPORT TO
CONGRESS")
II. FEDERAL EXPENDITURES THAT REPRESENT A LARGE PERCENT OF THE
DOMESTIC MARKET FOR A COMMODITY FALL MAINLY IN DEFENSE-RELATED AREAS;
ORDNANCE, 75 PERCENT; EXPLOSIVES, 48 PERCENT; AIRCRAFT 41 PERCENT;
COMMUNICATION EQUIPMENT, 31 PERCENT; SHIPS, TRAINS, TRAILERS, AND
CYCLES, 19 PERCENT; NONFERROUS ORE MINING, 19 PERCENT; AND INDUSTRIAL
ORGANIC CHEMICALS, 11 PERCENT.
III. MANY DEFESNE-RELATED COMMODITIES REPRESENT SPECIAL PURPOSE
EQUIPMENT FOR WHICH SECONDARY MATERIAL UTILIZATION WOULD NOT BE
SUITABLE.
IV. TABLE I-22 BELOW ILLUSTRATES DIRECT FEDERAL PROCUREMENT
EXPENDITURES AS A PERCENT OF DOMESTIC OUTPUT OF THAT COMMODITY IN 1970.
TABLE OMITTED
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V. COMMODITIES THAT HAVE A SIGNIFICANT POTENTIAL FOR SECONDARY
MATERIAL CONTENT: PAPER AND PAPERBOARD PRODUCTS, IRON AND STEEL
NONFERROUS METALS, GLASS PRODUCTS, PLASTICS, AND RUBBER PRODUCTS.
VI. ALTHOUGH THE FEDERAL GOVERNMENT IS A LARGE SINGLE CONSUMER,
FEDERAL EXPENDITURES REPRESENT A SMALL FRACTION OF COMBINED INDUSTRIAL,
COMMERCIAL, AND PERSONAL EXPENDITURES IN THESE AREAS.
VII. THOUGH FEDERAL PURCHASES OF WASTE-BASED PRODUCTS WOULD BE
SMALL, FEDERAL PROCUREMENT SPECIFICATIONS ARE WIDELY CIRCULATED AND
DUPLICATED BY STATE AND LOCAL GOVERNMENTS AND SOME INDUSTRIES.
B. PREVIOUS ATTEMPS TO INCORPORATE RECYCLED MATERIALS INTO FEDERALLY
PURCHASED PRODUCTS:
I. IN EXECUTIVE ORDER 11514, MARCH 1970, THE PRESIDENT DIRECTED
FEDERAL AGENCIES TO "INITIATE MEASURES NEEDED TO DIRECT THEIR POLICIES,
PLANS AND PROGRAMS SO AS TO MEET NATIONAL ENVIRONMENTAL GOALS."
II. GENERAL SERVICE ADMINISTRATION RECYCLED PAPER PROCUREMENT
PROGRAMS:
(A) PAPER PROCUREMENT SPECIFICATIONS WERE ADJUSTED TO REQUIRE VARIOUS
PERCENTS OF RECYCLED FIBER IN TWO PARTS: THE FIRST PART SPECIFIES THE
REQUIRED PERCENT OF RECYCLED FIBER FROM POST-CONSUMER DISCARDED
MATERIALS SOURCES (E.G., NEWSPAPERS, MAGAZINES, AND ALL FIBROUS
MATERIALS RECYCLED FROM MUNICIPAL DISCARDED MATERIALS) AND THE SECOND
PART SPECIFIES HOW MUCH MAY BE DERIVED FROM CONVERTING AND FABRICATION
DISCARDED MATERIALS (E.G., ENVELOPE CUTTINGS, PAPER TRIMMINGS, AND OTHER
PAPERMILL AND TEXTILE MILL DISCARDED MATERIALS).
(B) THE GENERAL SERVICES ADMINISTRATION UTILIZES 144 DIFFERENT PAPER
SPECIFICATIONS. IN FISCAL 1972 IT PURCHASED $88 MILLION IN PAPER
PRODUCTS. TO DATE 77 SPECIFICATIONS, REPRESENTING $56.6 MILLION IN
PURCHASES, HAVE BEEN CHANGED TO REQUIRE SOME PERCENT OF RECLAIMED
FIBERS.
(C) TABLE I-23 SUMMARIZED THE PURCHASES IN VARIOUS PAPER COMMODITY
AREAS ALONG WITH THE RANGES OF POST-CONSUMER DISCARDED MATERIALS AND
OTHER RECYCLED FIBERS.
TABLE OMITTED
III. DEPARTMENT OF THE ARMY RETREAD TIRE PROGRAM:
(A) THE DPEARTMENT OF THE ARMY HAS EXERCISED A PROGRAM OF
RETREADING AUTOMOBILE AND TRUCK TIRES SINCE WORLD WAR II.
(B) RETREADING HAS SUBSTANTIAL COST ADVANTAGES, E.R., A 50 PERCENT
COST SAVING CAN BE ACHIEVED BY RETREADING A TIRE RATHER THAN PURCHASING
A NEW REPLACEMENT.
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(C) THE ARMY'S PRESENT GOAL IS TO RETREAD 75 PERCENT OF THE TIRES IT
REPLACES.
(D) EXTENDING THIS PRACTICE TO OTHER AGENCIES INVOLVES ISSUES OF TIRE
SAFETY AND PERFORMANCE.
IV. JOINT COMMITTEE ON PRINTING USE OF SECONDARY FIBERS IN PRINTING
AND PUBLISHING PAPERS:
(A) THE JOINT COMMITTEE ON PRINTING IS RESPONSIBLE FOR SPECIFICATIONS
FOR ALL STATIONERY, PRINTING, AND PUBLISHING PAPER USED BY THE FEDERAL
GOVERNMENT.
(B) THE ENVIRONMENTAL PROTECTION AGENCY HAS BEEN USING RECYCLED
FIBERS ON AN EXPERIMENTAL BASIS. PROGRAM IS BEING EVALUATED.
C. BARRIERS TO EXPANDED USE OF RECYCLED MATERIALS IN FEDERAL
PURCHASES:
I. UNCERTAINTY REGARDING THE TECHNICAL PERFORMANCE OF PRODUCTS
SUPPLIED.
II. UNCERTAINTY AS TO THE AVAILABILITY OF SECONDARY MATERIALS.
III. BUDGETARY CONSTRAINTS ARISE FROM THE FACT THAT FOR MANY
PRODUCTS IT IS MORE EXPENSIVE TO USE SECONDARY THAN VIRGIN MATERIAL IN
THE GENERAL SERVICE ADMINISTRATION PAPER PROGRAM, HOWEVER, HIGHER PRICES
WERE NOT OFFERED FOR PRODUCTS CONTAINING HIGHER PERCENTS OF RECYCLED
FIBER.
D. THE ENVIRONMENTAL PROTECTION AGENCY CONCLUDES IN ITS SECOND
REPORT TO CONGRESS" THAT FEDERAL PROCUREMENT CAN SERVE A VALUABLE
FUNCTION IN HELPING TO ESTABLISH THE TECHNICAL AND ECONOMIC FACTORS OF
RECYCLED MATERIAL USE.
4. TAX BENEFITS FOR VIRGIN MATERIALS
A. DEPLETION ALLOWANCE. -- THE DEPLETION ALLOWANCE IS A TAX
DEDUCTION BASED ON THE DEPLETION OF A MINERAL DEPOSIT. THERE ARE TWO
METHODS FOR CALCULATING DEPLETION ALLOWANCE: THE PERCENTAGE METHOD AND
THE COST METHOD. EACH YEAR THE METHOD PROVIDING THE LARGER DEDUCTION IS
USED. THOUGH THE COST DEPLETION PROVIDES FOR THE RECOVERY OF THE
INVESTMENT REQUIRED TO EXPLOIT A MINERAL DEPOSIT, THE TAX BENEFIT IS THE
EXCESS OF THE PERCENTAGE DEPLETION ALLOWANCE ABOVE THE COST DEPLETION
ALLOWANCE.
B. EXPENSING OF CAPITAL EXPENDITURES. -- THIS PROVISION ALLOWS THE
COSTS OF DEVELOPMENT, IMPROVEMENT, OR OTHER INCREASES IN THE VALUE OF
MINERALS AND TIMBER TO BE DEDUCTED FROM INCOME IN THE YEAR THEY ARE
INCURRED INSTEAD OF BEING ADDED TO THE COST OF THE ASSET AND RECOVERED
OVER TIME THROUGH DEPRECIATION OR DEPLETION.
C. CAPITAL GAINS TREATMENT. -- INSTEAD OF BEING TAXED AT ORDINARY
INCOME TAX LEVELS AT THE TIME OF SALE (UP TO 48%) THE INCOME RECEIVED
FROM THE SALE OF TIMBER IS SUBJECT INSTEAD TO CAPITAL GAINS TAX
TREATMENT. THIS SPECIAL ALLOWANCE FOR THE SALE OF TIMBER REDUCES THE
PAYMENTS FROM THE ORDINARY 48% RATE TO THE 30% CAPITAL GAINS TAX RATE.
IN THE CASE OF COAL AND DOMESTIC IRON ORE, IF AFTER DISPOSING OF A
COMMODITY AN ECONOMIC INTEREST IS RETAINED AND ROYALTIES ARE RECEIVED,
SUCH ROYALTIES ARE ALSO ELIGIBLE FOR CAPITAL GAINS TREATMENT.
D. FOREIGN TAX ALLOWANCES. -- THERE ARE SEVERAL SPECIAL TAX
PROVISIONS AVAILABLE TO U.S. FIRMS WITH FOREIGN BASED OPERATIONS.
BECAUSE MANY U.S. FIRMS IN THE VIRGIN MATERIAL BUSINESS OWN FOREIGN
HOLDINGS, THESE PROVISIONS PROVIDE A BENEFIT NOT AVAILABLE TO DOMESTIC
SECONDARY MATERIAL FIRMS. FOUR FOREIGN TAX BENEFITS HAVE BEEN
IDENTIFIED: THE FOREIGN TAX CREDIT, THE EXCLUSION FOR LESS-DEVELOPED
COUNTRY CORPORATIONS, THE EXCLUSION FOR CONTROLLED FOREIGN SUBSIDIARIES,
AND THE WESTERN HEMISPHERE TRADE CORPORATION DEDUCTION.
E. FOREIGN TAX CREDIT. -- FIRMS OPERATING OUTSIDE THE UNITED STATES
CAN DEDUCT FOREIGN TAXES DIRECTLY FROM THEIR U.S. TAX LIABILITY' THE
FOREIGN TAX CREDIT IS AVAILABLE TO U.S. TIMBER AND MINING FIRMS
OPERATING IN FOREIGN NATIONS.
F. EXCLUSION FOR LESS-DEVELOPED COUNTRY CORPORATIONS. -- FOR VIRGIN
MATERIAL FIRMS OPERATING IN COUNTRIES DEFINED BY THE PRESIDENT AS "LESS
DEVELOPED", THERE IS AN ALTERNATIVE METHOD ALLOWED FOR DETERMINING THE
AMOUNT OF FOREIGN TAX CREDITS AVAILABLE TO OFFSET U.S. TAXES THAT
INCREASES THE VALUE OF THE TAX CREDIT TO THE U.S. FIRM.
G. EXCLUSION FOR CONTROLLED FOREIGN SUBSIDIARIES. -- FOR FIRMS
OPERATING WITHIN THE WESTERN HEMISPHERE, THERE IS A METHOD OF
CALCULATING U.S. TAX OWNED THAT REDUCES THE TAXES PAYABLE BY ABOUT
ONE-THIRD.
I. SEE TABLE I-24 AT PAGE 54 FOR COMPARISON OF VIRGIN MATERIAL TAX
BENEFITS AND PRICES (ENVIRONMENTAL PROTECTION AGENCY "SECOND REPORT TO
CONGRESS", 1974).
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J. SEE TABLE I-25 BELOW FOR COMPARISON OF VIRGIN MATERIAL TAX
BENEFITS WITH VIRGIN AND SECONDARY MATERIAL PRODUCT COST DIFFERENTIAL.
TABLE OMITTED
A. PAPER
1. IN 1973 61.4 MILLION TONS OF PAPER AND BOARD (EXCLUDING
CONSTRUCTION GRADES) WERE CONSUMED IN THE U.S. 44.2 MILLION TONS OF IT
ENTERED THE SOLID DISCARDED MATERIALS STREAM AND WERE DISPOSED OF (SEE
TABLE II-1 FOR ILLUSTRATION OF PAPER FLOW ESTIMATED FOR 1973).
TABLE OMITTED.
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MICROFORM REFILMED; SEE APPENDICES.
2. 14 MI-LION TONS OF PAPER WERE RECYCLED IN 1973;
A. 8.7 MILLION TONS -- POST-CONSUMER MUNICIPAL SOLID DISCARDED
MATERIALS (RECOVERY RATE OF 16.4 PERCENT).
B. 5 MILLION TONS -- WASTEPAPER RECOVERED FROM THE 6 MILLION TONS
GENERATED IN INDUSTRIAL COVERTING OPERATIONS (RECOVERY RATE OF OVER 80
PERCENT).
3. SEE TABLE II-2 BELOW FOR ILLUSTRATION OF DOMESTIC PAPER RECYCLING
RATE FROM 1944 TO 1973. THIS TABLE INDICATES A STEADY DECLINE IN THE
RECYCLING RATE.
TABLE OMITTED
TABLE II-2. -- DOMESTIC PAPER RECYCLING RATE: 1944 73
4. A POSITIVE SIGN FOR THE FUTURE OF DOMESTIC WASTEPAPER USAGE IS
THE FACT THAT MEDIUM PRODUCTION AND LINERBOARD PRODUCTION ARE USING
INCREASING QUANTITIES OF OLD CORRUGATED AS A FIBER SUPPLEMENT.
5. A NEGATIVE SIGN FOR THE FUTURE OF DOMESTIC WASTEPAPER USAGE IS A
DECLINE IN USING WASTEPAPER FOR CONSTRUCTION PAPER, BOARD SECTOR, AND
COMBINATION FOLDING BOXBORAD PRODUCTION.
B. STEEL CANS
1. FERROUS MATERIALS CONSTITUTE APPROXIMATELY 7 PERCENT OF MUNICIPAL
DISCARDED MATERIALS (EXCLUDING AUTOMOBILES). ABOUT 50 PERCENT OF THE
FERROUS FRACTION IS STEEL CANS.
2. IT IS ESTIMATED THAT, IN 1973, APPROXIMATELY 5.6 MILLION TONS OF
CANS ENTERED THE DISCARDED MATERIALS STREAM. ABOUT 70 PERCENT, 4.0
MILLION TONS, WERE GENERATED IN STANDARD METROPOLITAN STATISTICAL AREAS
(SMSA), WHERE RECOVERY IS MORE LIKELY TO BE ECONOMICALLY FEASIBLE.
3. 1973 RECOVERY RATE; APPROXIMATELY 70,000 TONS OF CANS WERE
RECYCLED, LESS THAN 2 PERCENT OF DISCARDS.
4. FERROUS SCRAP IS EXTRACTED FROM MIXED DISCARDED MATERIALS
MAGNETICALLY. ACCORDING TO A 1974 REPORT BY AMERICAN IRON AND STEEL
INSTITUTE ON DISCARDED MATERIALS PROCESSING FACILITIES, ONLY 25 CITIES
ARE PRESENTLY SEPARATING SUCH SCRAP MAGNETICALLY, WITH AT LEAST 18
ADDITIONAL FACILITIES PLANNED.
5. THE "STEEL" CAN IS IN REALITY A COMPOSITE CAN CONSISTING OF
TINPLATED STEEL (THUS, THE TERM "TIN" CAN) AND POSSIBLY LEAD, ORGANIC
COATINGS AND ALUMINUM.
A. IN SOME CANS, THE PERCENTAGE OF NON-FERROUS MATERIALS IS
RELATIVELY HIGH AND THUS DAMAGING TO THE SCRAP IRON INDUSTRY. HOWEVER,
THE NON-FERROUS MATERIALS MAY BE VALUABLE ALSO, FOR EXAMPLE, THE SMALL
QUANTITY OF TIN IN 3.5 MILLION TONS IS WORTH APPROXIMATELY 60 MILLION
DOLLARS, HALF THE VALUE OF THE TOTAL VALUE OF THE STEEL CANS.
6. MARKETS FOR POST-CONSUMER CANS;
A. THERE ARE THREE MAJOR POTENTIAL MARKETS FOR OLD CANS; THE STEEL
INDUSTRY, THE DETINNING INDUSTRY, AND THE COPPER PRECIPITATION INDUSTRY.
(THE DETINNING INDUSTRY IS REALLY AN INTERMEDIATE PROCESSOR, EXTRACTING
TIN FROM THE CANS AND SELLING THE DETINNED SCRAP TO THE STEEL INDUSTRY).
B. ACCORDING TO ENVIRONMENTAL PROTECTION AGENCY'S "SECOND REPORT TO
CONGRESS," THE COPPER PRECIPITATION INDUSTRY IS THE SINGLE LARGEST USER
OF SCRAP CANS, ACCOUNTING FOR 65 PERCENT OF ALL CANS RECOVERED IN 1972.
TWO OTHER INDUSTRIES, THE STEEL INDUSTRY AND THE DETINNING INDUSTRY,
HAVE THE MOST POTENTIAL FOR GROWTH IN THE CONSUMPTION OF SCRAP CANS.
C. THE STEEL INDUSTRY;
I. STEEL CANS RECOVERED FROM MUNICIPAL DISCARDED MATERIALS CAN BE
USED IN BOTH THE BLAST FURNACE (WHERE ORE IS REDUCED TO IRON) AND ALSO
THE BASIC OXYGEN AND ELECTRIC FURNACES (WHERE IRON IS REFINED INTO
STEEL).
II. IN 1972, ABOUT 34 MILLION TONS OF IRON AND STEEL SCRAP WERE
PURCHASED BY THE INDUSTRY FOR USE IN STEEL MANUFACTURE. THE 4 MILLION
TONS OF POST-CONSUMER CANS GENERATED IN STANDARD METROPOLITAN
STATISTICAL AREAS ARE EQUIVALENT TO ABOUT 12 PERCENT OF THIS AMOUNT.
III. THE AMERICAN IRON AND STEEL INSTITUTE'S COMMITTEE OF TIN MILL
PRODUCTS PRODUCERS HAS ESTIMATED THAT 5 PERCENT OF THE SCRAP CHARGE TO
THE BASIC OXYGEN (STEELMAKING) FURNACE COULD BE SCRAP CANS. THIS WOULD
BE EQUIVALENT TO 1.5 PERCENT OF THE TOTAL STEEL PRODUCED OR A POTENTIAL
DEMAND OF 3 MILLION TONS A YEAR.
IV. THE COMMITTEE HAS ALSO STATED THAT SCRAP CANS COULD POSSIBLY
REPLACE ABOUT 5 PERCENT OF THE IRON ORE IN THE BLAST FURNACE. THUS, THE
BLAST FURNACES AND BASIC OXYGEN FURNACES ALONE COULD CONSUME MORE SCRAP
CANS THAN RESENTLY EXIST IN MUNICIPAL DISCARDED MATERIALS.
V. THE LEAD, TIN AND ALUMINUM PRESENT IN CAN SCRAP CAN POSE MAJOR
BARRIERS TO THE USE OF CAN SCRAP IN STEEL MANUFACTURE. UNDESIRABLE
CONTAMINANTS CAN BE REDUCED TO AN ACCEPTABLE LEVEL BY DETINNING. THE
RESULTANT STEEL IS A READILY MARKETABLE MATERIAL, "NO. 1 BUNDLE", WHICH
IN 1973 COMMANDED A PRICE OF APPROXIMATELY 100-174 DOLLARS PER TON.
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MICROFORM REFILMED; SEE APPENDICES.
D. THE DETINNING INDUSTRY;
I. MOST OF THE 3,000 TONS OF TIN SALVAGED ANNUALY FROM SCRAP CANS IS
EXTRACTED FROM SCRAP GENERATED IN CAN MANUFACTURING PLANTS.
II. SCRAP CANS FOR DETINNING SHOULD NOT BE BALLED OR OTHERWISE
FLATTENED TO A FORM THAT INTERFERES WITH THE ACCESS OF THE DETINNING
SOLUTION TO THE TINPLATE SURFACE OR THAT DOES NOT ALLOW EASY DRAINAGE
AFTERWARDS. THIS IS AN IMPORTANT CONSIDERATION TO THE MUNICIPAL
OFFICIAL CHOOSING A SHREDDER FOR FERROUS RECOVERY.
III. INCINERATED CANS ARE UNACCEPTABLE BECAUSE INCINERATORS CAN
CAUSE THE FORMATION OF OXIDES ON THE TINPLATE SURFACE THAT ARE DIFFICULT
TO REMOVE.
IV. THE INDUSTRY HAS INDICATED POSSIBLE INTEREST IN BUILDING
DETINNING PLANTS WHEREVER 30,000 TONS OF CAN SCRAP ARE GUARANTEED
YEARLY.
V. THE 1974 MARKET VALUE FOR CAN SCRAP FOR DETINNING RANGED FROM 30
TO 100 DOLLARS PER TON, DEPENDING ON QUALITY OF THE MATERIAL AND
GEOGRAPHICAL LOCATION.
VI. TRADITIONALLY, DETINNING HAS BEEN A BATCH, RATHER THAN
A CONTINUOUS, PROCESS.
E. COPPER PRECIPITATION;
1. THIS IS A VERY DIFFERENT FORM OF CAN RECYCLING. THE STEEL IS NOT
ACTUALLY RECOVERED BUT IS USED IN A CHEMICAL DISPLACEMENT REACTION TO
PRECIPITATE COPPER.
II. COPPER PRECIPITATION ACCOUNTED FOR 50,000 OF THE 70,000 TONS OF
RECYCLED CANS IN 1972. OLD CANS REPRESENTED APPROXIMATELY 10 PERCENT OF
THE 500,000 TONS OF SCRAP CONSUMED BY THE INDUSTRY IN 1972.
7. SUPPLY OF POST CONSUMER CANS;
A. ACCORDING TO THE ENVIRONMENTAL PROTECTION AGENCY "SECOND REPORT
TO CONGRESS," IT APPEARS THAT SHREDDING OF DISCARDED MATERIALS FOR
FERROUS MATERIAL EXTRACTION ALONE IS NOT ECONOMICAL. AT 20 DOLLARS PER
TON FOR CANS AND 12 DOLLARS FOR OTHER MISCELLANEOUS FERROUS MATERIALS,
REVENUE FROM FERROUS MATERIAL EXTRACTION WOULD TOTAL LESS THAN 1.25 PER
TON OF REFUSE PROCESSED, HARDLY ENOUGHT TO COVER SHREDDING COSTS IN
ALMOST ANY SIZE FACILITY.
B. REFUSE SHREDDING IS OFTEN JUSTIFIED, HOWEVER, BY VIRTUE OF
DENSIFICATION FOR IMPROVED LAND FILL EFFICIENCY OR INCREASED FREIGHT
PAYLOADS WHERE TRANSFER STATIONS ARE INVOLVED. IN THESE INSTANCES, THE
INCREMENTAL COSTS OF FERROUS MATERIAL EXTRACTION SHOULD BE EASILY
COVERED BY THE REVENUES.
C. AN EXCELLENT OPPORTUNITY FOR FERROUS MATERIAL EXTRACTION IS TO BE
FOUND IN ENERGY RECOVERY OR OTHER TYPES OF COMPREHENSIVE RECOVERY
FACILITIES THAT ARE EMERGING. IN ALL INSTANCES, SHREDDING OF DISCARDED
MATERIALS IS REQUIRED; AND IN MOST OF THE ENERGY RECOVERY FACILITIES,
ORGANICS MUST BE SEPARATED FROM INORGANICS TO MAXIMIZE BURNING
EFFICIENCY.
C. ALUMINUM
1. IN 1973, DISCARDS OF ALUMINUM INTO THE MUNICIPAL SOLID DISCARDED
MATERIALS STREAM TOTALED 1.0 MILLION TONS, OR 0.7 PERCENT OF THE TOTAL
DISCARDED MATERIALS STREAM.
2. HALF OF THE ALUMINUM DISCARDS WERE CANS, ABOUT ONE-THIRD WERE
FOILS, AND THE REMAINDER WAS LARGELY FROM MAJOR APPLIANCES.
3. ABOUT 34,000 TONS OF ALUMINUM, OR 3.5 PERCENT OF THE AMOUNT
DISCARDED, WERE RECOVERED IN 1973.
4. THE ALUMINUM ASSOCIATION REPORTS THAT ABOUT 17 PERCENT OF THE
ALL-ALUMINUM CANS PRODUCED IN 1974 WERE RECOVERED.
5. ROUGLY 15 CENTS A POUND IS PAID FOR ALUMINUM CANS BROUGHT TO
RECYCLING COLLECTION CENTERS.
6. ABOUT 78 PERCENT OF THE ALUMINUM CANS ARE CONCENTRATED IN FIVE
STATES; NEW YORK, CALIFORNIA, TEXAS, FLORIDA, AND WASHINGTON.
D. GLASS
1. GLASS ACCOUNTS FOR APPROXIMATELY 9 PERCENT BY WEIGHT OF TOTAL
MUNICIPAL DISCARDED MATERIALS.
2. IN 1973, OVER 13 MILLION TONS OF GLASS PRODUCTS WERE DISCARDED,
AND LESS THAN 3 PERCENT, OR 350,000 TONS, WERE RECOVERED AND RECYCLED.
3. THE FUTURE OF GLASS RECOVERY DEPENDS IN PART ON THE EXPANSION OF
VOLUNTARY COLLECTION CENTERS AND NEW DEVELOPMENTS EITHER IN SOURCE
SEPARATION AND COLLECTION OF GLASS OR IN NEW MECHANICAL SEPARATION
TECHNIQUES.
4. DEMAND FOR CLEAN CULLET EXISTS AT PRICES COMPARABLE TO THOSE FOR
VIRGIN MATERIALS.
A. COLOR-MIXED CULLET IS CURRENTLY VALUED AT 20 DOLLARS PER TON.
B. COLOR-SORTED CULLET MAY SELL FOR MORE, DEPENDING ON THE MARKET
LOCATION. I. THERE ARE AT LEAST TWICE AS MANY MARKETS FOR THIS
MATERIAL AS FOR COLOR-MIXED GLASS. II. ALMOST ALL GLASS FURNACES CAN
UTILIZE COLOR-SORTED GLASS, WHILE ONLY FURNACES MAKING COLORED GLASS CAN
BE COLOR-MIXED CULLET.
5. POTENTIAL MARKETS EXIST FOR COLOR-MIXED GLASS IN CONSTRUCTION
MATERIALS, SUCH AS FOAMED GLASS INSULATION OR BRICKS, BUT THESE HAVE NOT
YET BEEN DEVELOPED TO A SIGNIFICANT DEGREE.
6. GLASS CULLET IS IN SOME WAYS PREFERABLE TO VIRGIN RAW MATERIALS
BECAUSE ITS USE REDUCES FUEL CONSUMPTION AND REFRACTORY WEAR.
7. THE GLASS INDUSTRY GENERALLY LIMITS THE USE OF GLASS CULLET IN
THE GLASS FORMULA TO APPROXIMATELY 20 PERCENT BY WEIGHT, ALTHOUGH 80 TO
100 PERCENT CULLET FORMULATIONS HAVE BEEN USED.
E. PLASTICS
1. PLASTICS PRESENTLY CONSTITUTE APPROXIMATELY 3.8 PERCENT OF
MUNICIPAL DISCARDED MATERIALS, BUT PLASTIC CONSUMPTION IS GROWING
RAPIDLY.
2. ESSENTIALLY NO RECOVERY OF PLASTICS AS A MATERIAL FROM MIXED
DISCARDED MATERIALS NOW TAKES PLACE, FOR THEY ARE EXTREMELY DIFFICULT TO
SEPARATE.
3. PLASTICS HAVE THE HIGHEST BRITISH THERMAL UNIT (BTU) CONTENT OF
ANY OF THE MATERIALS IN MIXED DISCARDED MATERIALS AND THUS MAKE A
VALUABLE CONTRIBUTION TO THE HEAT VALUE OF THE DISCARDED MATERIAL. THE
HEAT CONTENT OF PLASTICS IS ABOUT 11,000 BRITISH THERMAL UNITS PER
POUND, APPROXIMATELY THE EQUIVALENT OF COAL.
POST CONSUMER DISCARDED
MATERIALS, 1973
SEE TABLE II-3 AT PAGE 60 FOR AN ILLUSTRATION OF POST-CONSUMER
RESIDENTIAL AND COMMERCIAL DISCARDED MATERIALS GENERATION AND RECYCLE
FOR 1973
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TABLE OMITTED
RECOVERABLE
1. TABLE II-4 AT PAGE 61 EVALUATES THE POTENTIAL FOR FURTHER PAPER
RECOVERY. THE FIRST THREE PRODUCT GROUPS ARE PRIMARY CATEGORIES FOR
ADDITIONAL RECOVERY BECAUSE OF THEIR DEGREE OF CONCENTRATION AT THE
POINT OF GENERATION AND THE RELATIVE EASE OF SEPARATING THEM FROM OTHER
DISCARDED MATERIALS.
TABLE OMITTED
2. TABLE II-5 AT PAGE 62 ILLUSTRATES THE RECYCLING POTENTIALS FOR
SELECTED MATERIALS IN POST-CONSUMER MUNICIPAL DISCARDED MATERIALS IN
RELATION TO CERTAIN MEASURES OF U.S. MATERIAL CONSUMPTION.
A. THESE FIGURES ARE BASED ON THE FOLLOWING ASSUMPTIONS; I. 95
PERCENT OF THE DISCARDED MATERIALS GENERATED IS COLLECTED EITTHER
THROUGH MIXED DISCARDED MATERIALS COLLECTION OF SPECIALIZED
SOURCE-SPEARATED COLLECTION SYSTEMS. II. 70 PERCENT OF THE COLLECTED
DISCARDED MATERIALS IS PROCESSED FOR SPECIFIC MATERIAL AND ENERGY
VALUES. III. WITH RESPECT TO PAPER, IT IS ASSUMED THAT ONLY 40 PERCENT
OF STANDARD METROPOLITAN STATISTICAL AREA IS PROCESSED FOR FIBER
RECOVERY. IV. WITH RESPECT TO THE MATERIAL ACTUALLY PROCESSED FOR
RECYCLING, FINAL MATERIAL RECOVERY EFFICIENCY IS ASSUMED TO BE 80
PERCENT.
B. THE NATIONAL RECOVERY RATIOS IN TABEL II-5 AT PAGE 53 PERCENT
POTENTIAL RECOVERY OF MINERALS AND THE 21 PERCENT FROM PAPER -- ARE
PRACTICAL MAXIMA FROM A TECHNICAL STANDPOINT. THEY ONLY REPRESENT WHAT
COULD CONCEIVABLY BE ACHIEVED WITH CURRENT OR NEAR-FUTURE TECHNOLOGY
UNDER A VERY VIGOROUS IMPLEMENTATION PROGRAM.
C. IN 1971, THE PERCENT OF U.S. CONSUMPTION OF MATERIALS THAT COULD
HAVE BEEN SUPPLIED FROM POST-CONSUMER DISCARDED MATERIALS RANGES FROM A
LOW OF 3 PERCENT FOR LEAD UP TO AS MUCH AS 18.9 PERCENT FOR PAPER AND
PAPERBOARD PRODUCTS.
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TABLE OMITTED
D. THE POTENTIAL REDUCTIONS IN PRIMARY PRODUCTION FROM VIRGIN
DOMESTIC RESOURCES COULD HAVE AMOUNTED TO:
FIGURES ILLEGIBLE
E. CONCLUSIONS:
I RECYCLING POST-CONSUMER DISCARDED MATERIALS IS NOT A PANACEA IN THE
SENSE THAT IS CANNOT BE EXPECTED TO SUPPLY THE MAJORITY OF THE NATION'S
RAW MATERIAL DEMANDS.
II. THE SUBSTITUTION POSSIBILITIES, BOTH WITH REGARD TO TOTAL
CONSUMPTION AND DOMESTIC VIRGIN MATERIAL SUPPLY, ARE NO INSIGNIFICANT.
III. IN ADDITION TO DIRECT MATERIAL RESOURCE SAVINGS, THERE WILL
ALSO ACCRUE FURTHER NET INDIRECT SAVINGS IN THE FORM OF REDUCED CAPITAL
EQUIPMENT AND OTHER MATERIAL INPUT REQUIREMENTS IN THE MINING, ORE
REDUCTION AND BENEFICIATION, AND SMELTING SECTORS OF THE VIRGIN MINERAL
INDUSTRIES, AS WELL AS SIMILAR REDUCTIONS IN THE TREE HARVESTING, WOOD
PREPARATION, AND WOOD PULPING SEGMENTS OF THE PULP AND PAPER INDUSTRY.
THERE WILL BE, OF COURSE, SOME OFFSETTING NEW CAPITAL GOODS REQUIREMENTS
FOR PROCESSING THE DISCARDED MATERIALS, BUT THESE GENERALLY APPEAR TO BE
SUBSTANTIALLY LESS THAN THOSE FOR VIRGIN MATERIAL. NO QUANTITATIVE
EVALUATION ON THIS ISSUE HAS YET BEEN MADE.
3. TABLE II-6 AT PAGE 63 ILLUSTRATES AN ESTIMATE OF PRACTICAL
MAXIMUM IMPACT OF AN ASSUMED POSSIBLE RECYCLING INCREASE ON ANNUAL
MUNICIPAL DISCARDED MATERIALS DISPOSAL AND VIRGIN MATERIAL DEMAND.
TABLE OMITTED
A. FOUR OPPORTUNITIES TO CONSERVE ENERGY THROUGH
BETTER DISCARDED MATERIALS MANAGEMENT
1. SOURCE REDUCTION. -- REDUCING CONSUMPTION OF PRODUCTS OR REUSING
PRODUCTS, RESULTING IN THE USE OF LESS ENERGY AND MATERIALS AND IN THE
REDUCTION IN DISCARDED MATERIALS GENERATION.
1' ENERGY RECOVERY. -- USING DISCARDED MATERIALS AS A FUEL IN PLACE
OF COAL, OIL OR GAS.
3. RECYCLING. -- USING RECYCLED MATERIALS THAT CONSUME LESS ENERGY
THAN VIRGIN MATERIALS IN MANUFACTURING PROCESSES.
4. IMPROVED COLLECTION. -- USING WASTE COLLECTION TRUCKS MORE
EFFICIENTLY, REDUCING FUEL CONSUMPTION.
B. TABLE III-1 BELOW IS AN ILLUSTRATION OF THE
MAXIMUM POSSIBLE ENERGY SAVINGS FROM SOURCE REDUCTION,
ENERGY RECOVERY, RECYCLING, AND IMPROVED COLLECTION.
IT SHOULD BE BORNE IN MIND IN THE CONSIDERATION
OF TABLE III-1 THAT THE ENERGY SAVED IN ONE AREA
MAY REDUCE THE POTENTIAL FOR SAVINGS IN ANOTHER
(E.G., RECYCLING COMBUSTIBLE MATERIALS LIKE
PAPER WILL REDUCE THE AMOUNT OF DISCARDED MATERIALS
AVAILABLE FOR ENERGY RECOVERY).
TABLE OMITTED.
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C. ENERGY CONSERVATION MEASURES DISCUSSED SUPRA
COULD BE COMBINED IN A VARIETY OF WAYS. FOR
EXAMPLE, ENERGY RECOVERY CAN IMPROVE THE
ECONOMICS OF MATERIALS RECYCLING. IN AN ENERGY
RECOVERY SYSTEM, THE NONCUMBUSTIBLE RECYCLABLE
MATERIALS ARE TYPICALLY SEPARATED FROM THE MIXED
DISCARDED MATERIALS (AND THEREFORE AVAILABLE FOR
RECYCLING) EVEN IF THEY ARE NOT GOING TO BE
RECYCLED. THE ADDITIONAL COST OF REMOVING THE
RECYCLABLE MATERIALS APPEARS TO BE LESS THAN THE
ADDITIONAL REVENUES FROM THE SALE OF THOSE
MATERIALS.
1. TABLE III-2 BELOW PRESENTS THE "MAXIMUM FEASIBLE" ENERGY
CONSERVATION BENEFITS FROM THREE SAMPLE SCENARIOS.
2. THE POTENTIAL BENEFITS, 521,000 BARRELS PER DAY OF OIL EQUIVALENT
(B DOE) OF SCENARIO 3 OF TABLE III-2 IS EQUAL TO:
A. SEVEN PERCENT OF ALL THE FUEL CONSUMED BY UTILITIES IN 1970 (7.1
MILLION BARRELS PER DAY OF OIL EQUIVALENT).
B. 14 PERCENT OF ALL THE COAL CONSUMED BY UTILITIES IN 1970 (3.7
MILLION BARRELS PER DAY OF OIL EQUIVALENT).
C. 35 PERCENT OF THE OIL PROJECTED TO BE DELIVERED THROUGH THE
ALASKAN PIPE LINE (15 MILLION BARRELS OF OIL PER DAY EQUIVALENT).
D. 52 PERCENT OF THE CRUDE OIL IMPORTED DIRECTLY FROM THE MIDDLE
EAST IN SEPTEMBER 1973 (1.0 MILLION BARRELS OF OIL PER DAY EQUIVALENT).
E. 1.5 PERCENT OF ALL ENERGY CONSUMED IN THE U.S. IN 1970 (32.5
MILLION BARRELS OF OIL PER DAY EQUIVALENT).
TABLE OMITTED
D. BENEFITS OF ENERGY RECOVERY FROM DISCARDED
MATERIALS
1. USE OF DISCARDED MATERIALS AS AN ENERGY SOURCE PROVIDES THE
FOLLOWING BENEFITS: A. REPLACEMENT OF THE USE OF FOSSIL FUELS; B.
PRODUCTION OF LOW SULFUR OXIDE EMISSIONS BECAUSE DISCARDED MATERIALS HAS
A LOW SULFUR CONTENT; C. REDUCTION OF THE AMOUNT OF LAND NEEDED FOR
DISPOSAL SITES; D. READY AVAILABILITY, INCREASING RATHER THAN DEPLETING
THE DOMESTIC SOURCE OF ENERGY.
E. ENERGY CONSERVATION THROUGH SOURCE REDUCTION
41. FOUR GENERAL APPROACHES: A. PRODUCT REUSE (E.G., R
BOTTLED); B. REDUCE RESOURCE INTENSIVENESS, (E.G., SMALLER AUTOS); C.
INCREASED PRODUCT LIFETIME (E.G., LONGER LASTING HOUSEHOLD APPLIANCES);
D. DECREASED PRODUCT CONSUMPTION (E.G., REDUCED PACKAGING CONSUMPTION).
2. THE FOLLOWING TABLES ARE FROM THE 1974 ENVIRONMENTAL PROTECTION
AGENCY'S REPORT ON "ENERGY CONSERVATION THROUGH IMPROVED SOLID WASTE
MANAGEMENT."
A. TABLE III-3 BELOW IS AN ILLUSTRATION OF THE ENERGY POTENTIALLY
RECOVERABLE FROM WASTES, FOR 1971, BASED ON A MITRE REPORT, 1975.
TABLE OMITTED
B. TABLE III-4 BELOW IS AN ILLUSTRATION OF THE ENERGY POTENTIALLY
RECOVERABLE FROM WASTES FOR 1980, BASED ON A MITRE REPORT, 1975.
TABLE OMITTED
C. TABLE III-5 AT PAGE 66 IS AN ILLUSTRATION OF THE ENERGY SAVINGS
OF SOURCE REDUCTION PROGRAM FOR REUSABLE BEER AND SOFT DRINK CONTAINERS
FOR 1972.
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TABLE OMITTED
D. TABLE III-6 BELOW IS AN ILLUSTRATION OF ENERGY SAVINGS OF SOURCE
REDUCTION PROGRAM FOR REUSABLE BEER AND SOFT DRINK CONTAINERS FOR 1980.
TABLE OMITTED
E. TABLE III-7 BLEOW IS AN ILLUSTRATION OF THE ENERGY SAVINGS OF
SOURCE REDUCTION PROGRAMS, DECREASED PACKAGING MATERIALS (EXCLUDING
BEVERAGE CONTAINERS, 1971 AND 1980).
TABLE OMITTED
F. III-8 BELOW IS AN ILLUSTRATION OF THE ENERGY SAVINGS OF SOURCE
REDUCTION PROGRAMS, DECREASED PACKAGING CONSUMPTION.
TABLE OMITTED
F. ENERGY RECOVERY FROM DISCARDED MATERIALS
1. TABLE III-9 BELOW IS AN ILLUSTRATION OF THE ENERGY POTENTIALLY
RECOVERABLE IN THEORY FROM RESIDENTIAL AND COMMERCIAL DISCARDED
MATERIALS, ACCORDING TO THE 1975 ENVIRONMENTAL PROTECTION AGENCY'S
"THIRD REPORT TO CONGRESS."
TABLE OMITTED
2. NOT ALL DISCARDED MATERIALS ARE AVAILABLE FOR ENERGY RECOVERY.
ENERGY RECOVERY SYSTEMS REQUIRE LARGE QUANTITIES OF DISCARDED MATERIALS
(AT LEAST 200 TO 250 TONS PER DAY) DELIVERED FOR PROCESSING AT ONE SITE
IN ORDER TO ACHIEVE ECONOMIES OF SCALE. FOR THIS REASON, ENERGY
RECOVERY APPEARS FEASIBLE ONLY IN MORE DENSELY POPULATED AREAS, SUCH AS
MOST STANDARD METROPOLITAN STATISTICAL AREAS.
A. IF ENERGY RECOVERY HAD BEEN PRACTICED IN ALL STANDARD
METROPOLITAN STATISTICAL AREAS IN 1973, ALMOST 900 TRILLION BRITISH
THERMAL UNITS WOULD HAVE BEEN RECOVERED. THIS IS EQUAL TO MORE THAN
424,000 BARRELS PER DAY OF OIL EQUIVALENT (B/DOE) OR 154 MILLION BARRELS
PER YEAR OF OIL EQUIVALENT (B/DOE).
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MICROFORM REFILMED; SEE APPENDICES.
B. BY 1980, THE ENERGY POTENTIALLY RECOVERABLE FROM THE STANDARD
METROPOLITAN STATISTICAL AREA DISCARDED MATERIALS STREAM IS PROJECTED TO
BE ABOUT 1,085 TRILLION BRITISH THERMAL UNITS PER YEAR, THE EQUIVALENT
OF MORE THAN 512,000 BARRELS PER DAY OF OIL EQUIVALENT, OR 187 MILLION
BARRELS PER YEAR OF OIL EQUIVALENT.
C. THE POTENTIAL FOR INSTALLATION OF ENERGY RECOVERY PLANTS IS
LIMITED BY THE POPULATION SIZE REQUIRED TO SUPPORT PLANTS OF ECONOMICAL
SCALE. THOUGH SMALLER PLANTS ARE FEASIBLE, ENVIRONMENTAL PROTECTION
AGENCY'S "SECOND REPORT TO CONGRESS" ESTIMATES A 500 TON-PER-DAY PLANT
TO BE A REASONABLE PLANT SCALE. TABLE III-10 BELOW IS AN ILLUSTRATION
OF THE POTENTIAL FOR SUCH RECOVERY PLANT INSTALLATIONS.
TABLE OMITTED
TABLE III-10. -- POTENTIAL FOR RESOURCE RECOVERY PLANT INSTALLATION
3. TECHNOLOGICAL DEVELOPMENTS THAT HAVE BEEN UNDERWAY OVER THE PAST
FEW YEARS ARE GREATLY EXPANDING OPPORTUNITIES FOR ENERGY RECOVERY FROM
MIXED DISCARDED MATERIALS. THESE MAJOR SYSTEMS ARE:
A. SHREDDED DISCARDED MATERIALS AS A FUEL. IN THIS SYSTEM REFUSE IS
SHREDDED AND SEPARATED INTO BASIC LIGHT AND HEAVY FRACTIONS. THE LIGHT
FRACTION CAN THEN BE USED AS A FUEL SUBSTITUTE IN UTILITY AND INDUSTRIAL
FURNACES.
B. PULPED DISCARDED MATERIALS AS A FUEL. THIS ENTAILS WET PULPING
OF REFUSE FOLLOWED BY A BASIC SEPARATION OF ORGANIC AND INORGANIC
FRACTIONS. THE ENTIRE ORGANIC FRACTION CAN THEN BE BURNED OR A PORTION
OF IT CAN BE RECOVERED AS FIBER.
C. PYROLYSIS TO PRODUCE OIL OR GAS. PYROLYSIS IS CHEMICAL
DECOMPOSITION OF DISCARDED MATERIALS IN A HIGH TEMPERATURE AND LOW
OXYGEN ATMOSPHERE. PROPER CONTROL OF THE OPERATING CONDITIONS AND
FURTHER PROCESSING OF THE PRODUCTS OF DECOMPOSITION PRODUCE EITHER OILS
(ROUGHLY EQUIVALENT TO NO. 6 FUEL OIL) OR GASES THAT CAN BE USED AS FUEL
SUBSTANCES. PROCESSING OF THE DISCARDED MATERIALS TO REMOVE INORGANIC
GENERALLY OCCURS PRIOR TO PYROLYSIS.
D. PYROLYSIS FOR STEAM GENERATION. IN THIS PROCESS DISCARDED
MATERIALS IS PYROLYZED, AND THE PYROLYSIS GASES ARE BURNED IN AN
AFTERBURNER AND USED TO GENERATE STEAM. PRIOR SEPARATION OF THE
DISCARDED MATERIALS IS NOT REQUIRED. THIS OPTION HAS THE SAME STEAM
MARKETING PROBLEMS ASSOCIATED WITH HEAT RECOVERING INCINERATORS.
E. INCINERATION WITH ELECTRICITY GENERATION. THIS SYSTEM INVOLVES
USE OF GASES FROM HIGH-PRESSURE INCINERATION TO DRIVE A GAS TURBINE
ELECTRIC GENERATOR.
4. COMPARISON OF ENERGY FORMS;
A. STEAM AND ELECTRICITY ARE SALABLE AND USABLE WITHOUT SIGNIFICANT
INCONVENIENCE TO THE USER, BUT NEITHER ARE STORABLE AND STEAM CAN BE
TRANSPORTED ONLY SHOR DISTANCES.
B. SOLID AND LIQUID FUELS DERIVED FROM DISCARDED MATERIALS CAN BE
TRANSPORTED AND TEMPORARILY STORED BUT THEY REQUIRED THE USER TO INSTALL
SPECIAL STORING AND FIRING FACILITIES.
C. GASEOUS FUELS DERIVED FROM DISCARDED MATERIALS REQUIRE LESS
SPECIAL HANDLING BUT THOSE CURRENTLY PRODUCED CANNOT ECONOMICALLY BE
COMPRESSED FOR EXTENDED STORAGE AND SHIPMENT (BEST SHIPMENT RATE; 2
MILES).
5. TABLE III-11 BELOW IS AN ILLUSTRATION OF THE ENERGY EFFICIENCY
VALUES OF DISCARDED MATERIALS TO ENERGY PROJECTS (FOR ILLUSTRATION OF
THE PROJECTED IMPLEMENTATIONS OF ENERGY RECOVERY SYSTEMS BY 1980, SEE
TABLE IV-1, AT PAGE 72).
TABLE OMITTED
RECYCLING
1. A PRODUCTION SYSTEM USING RECYCLED OR SECONDARY MATERIALS MOST
OFTEN CONSUMES LESS ENERGY THAN A SYSTEM USING VIRGIN MATERIALS, WHEN
ALL STAGES OF MATERIALS ACQUISITION, PROCESSING AND TRANSPORTATION ARE
INCLUDED.
2. TABLE III-12 BELOW IS AN ILLUSTRATION OF THE NATIONAL ENERGY
SAVINGS FROM MAXIMUM POSSIBLE RECYCLING OF ALUMINUM, FERROUS AND GLASS
FRACTIONS OF POST-CONSUMER DISCARDED MATERIALS.
TABLE OMITTED
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H. ENERGY CONSERVATION THROUGH IMPROVED
COLLECTION
1. ACCORDING TO THE 1974 ENVIRONMENTAL PROTECTION AGENCY REPORT
"ENERGY CONSERVATION THROUGH IMPROVED SOLID WASTE MANAGEMENT", 287
MILLION GALLONS OF GASOLINE AND 362 MILLION GALLONS OF DIESEL FUEL ARE
USED ANNUALLY FOR DISCARDED MATERIALS COLLECTION AND LAND DISPOSAL.
2. VARIOUS MEASURES FOR ENERGY CONSERVATION:
A. COLLECTION ONCE INSTEAD OF TWICE A WEEK COULD SAVE 29 PERCENT OF
"COLLECTION FUEL." ON A NATIONAL BASIS, 18.2 MILLION GALLONS OF DIESEL
FUEL AND 39.1 MILLION GALLONS OF GASOLINE WOULD HAVE BEEN SAVED BETWEEN
1972 AND 1973 HAD COLLECTION BEEN CHANGED FROM TWICE A WEEK TO ONCE A
WEEK. THIS IS EQUIVALENT TO 3,000 BARRELS PER DAY OF OIL.
B. COLLECTION OF ALL DISCARDED MATERIALS AT ONE TIME COULD SAVE
FUEL, THOUGH THE FUEL COST FOR SEPARATE COLLECTION OF NEWSPAPER AND
OTHER MATERIALS FOR RESOURCE RECOVERY IS OUTWEIGHED BY THE ENERGY SAVED
IN THE RECYCLING PROCESS.
A. SYSTEMS CONSTRUCTED OR OPERATING (THIS
LISTING DOES NOT INCLUDE LOCATIONS WHERE ONLY ONE
MATERIAL IS RECOVERED.) ENVIRONMENTAL PROTECTION
AGENCY-FUNDED DEMONSTRATION PROJECTS ARE MARKED: * *
1. ST. LOUIS, MISSOURI * * -- A 300 TON PER DAY (TPD) CAPACITY PLANT
THAT CONVERTS MUNICIPAL DISCARDED MATERIALS INTO A SHREDDED REFUSE
DERIVED FUEL (RDF) FOR SUPPLEMENTAL FIRING IN UNION ELECTRIC CO. UTILITY
BOILERS. FERROUS METALS ARE ALSO RECOVERED.
2. FRANKLIN, OHIO * * -- A 150 TON PER DAY CAPACITY PLANT THAT USES
A WET PULPING PROCESS TO PULVERIZE AND CLASSIFY DISCARDED MATERIALS FOR
RECOVERY OF PAPER FIBER FERROUS METALS, GLASS AND ALUMINUM ARE RECOVERED
IN A SUB-SYSTEM.
3. BALTIMORE, MARYLAND * * -- A 1,000 TON PER DAY PLANT THAT TAKES
MUNICIPAL DISCARDED MATERIALS, PYROLYZES (DESTRUCTIVE DISTILLATION IN A
LOW OXYGEN ATMOSPHERE) IT INTO A LOW BRITISH THERMAL UNIT GAS AND BURNS
THE GAS ON SITE TO PRODUCE STEAM FOR USE IN A DOWNTOWN STEAM LOOP.
FERROUS METALS AND A GLASSY AGGREGATE ARE ALSO RECOVERED.
4. SOMERVILLE, MASSACHUSETTS $ * -- MUNICIPAL DISCARDED MATERIALS
ARE SEPARATED INTO THREE SEGMENTS IN THE HOME: (1) PAPER, (2) CLEAR
GLASS AND CANS AND (3) NON-RECYCLABLE DISCARDED MATERIALS.
NON-RECYCLABLES ARE COLLECTED IN A REGULAR PACKER TRUCK. ALL
RECYCLABLES ARE COLLECTED WEEKLY IN A SPECIALLY BUILT COMPARTMENTALIZED
VEHICLE FROM THE CURB.
5. MARBLEHEAD, MASSACHUSETTS * * -- MUNICIPAL DISCARDED MATERIALS
ARE SEGMENTED INTO FOUR CATEGORIES IN THE HOME: (1) PAPER, (2) CLEAR
GLASS AND CANS, (3) BROWN AND GREEN GLASS AND CANS, AND (4)
NON-RECYCLABLE DISCARDED MATERIALS. CURBSIDE COLLECTIONS ARE CARRIED
OUT IN THE SAME MANNER AS IN SOMERVILLE.
6. AMES, IOWA -- A 200 TON PER DAY PLANT THAT CONVERTS MUNICIPAL
DISCARDED MATERIALS WASTE INTO REFUSE DERIVED FUEL. THE REFUSE DERIVED
FUEL IS USED FOR SUPPLEMENTAL FUEL IN THE CITY'S UTILITY BOILERS.
FERROUS METALS AND ALUMINUM ARE ALSO RECOVERED.
7. SAUGUS, MASSACHUSETTS -- A 1,200 TON PER DAY PLANT THAT USES
UNPROCESSED MUNICIPAL DISCARDED MATERIALS AS A PRIMARY FUEL FOR A SREAM
GENERATOR* THIS TYPE OPERATION IS NORMALLY REFERRED TO AS A WATERWALL
INCINERATOR. THE STEAM IS USED BY AN INDUSTRIAL MANUFACTURER LOCATED A
SHORT DISTANCE FROM THE PLANT. FERROUS METAL IS ALSO RECOVERED.
8. NASHVILLE, TENNESSEE -- A 760 TON PER DAY WATERWALL INCINERATOR
THAT GENERATES STEAM USED IN A DOWNTOWN LOOP. THE STEAM IS ALSO USED TO
PRODUCE CHILLED WATER FOR COOLING THE DOWNTOWN BUILDINGS.
9. SOUTH CHARLESTON, WEST VIRGINIA -- THE UNION CARBIDE COMPANY HAS
A 200 TON PER DAY TEST FACILITY THAT TAKES MUNICIPAL DISCARDED MATERIALS
AND PYROLYZES IT INTO A MEDIUM BRITISH THERMAL UNIT GAS THAT IS SUITABLE
AS A BOILER FUEL.
10. BRAINTREE, MASSACHUSETTS -- A 240 TON PER DAY WATERWALL
INCINERATOR. THE STEAM IS NOW USED BY A MANUFACTURING PLANT.
11. SAN FRANCISCO, CALIFORNIA -- GAS RECOVERY FROM AN EXISTING
LANDFILL. METHANE GAS IS COLLECTED FROM THE OLD LANDFILL AND USED TO
GENERATE ELECTRICITY.
12. LOS ANGELES, CALIFORNIA -- ANOTHER METHANE RECOVERY PROJECT
SIMILAR TO SAN FRANCISCO.
B. SYSTEMS UNDER CONTRUCTION
1. SAN DIEGO, CALIFORNIA * * -- A 200 TON PER DAY PLANT THAT
CONVERTS MUNICIPAL DISCARDED MATERIALS INTO AN OIL LIKE LIQUID FUEL BY
PYROLYSIS. THE LIQUID FUEL PRODUCED WILL BE USED AS A SUPPLEMENTARY
FUEL BY SAN DIEGO GAS AND ELECTRIC COMPANY. FERROUS, GLASS AND ALUMINUM
WILL ALSO BE RECOVERED.
2. CHICAGO, ILLINOIS -- A 1,000 TON PER DAY SECOND GENERATION ST'
LOUIS TYPE FACILITY.
3. MILWAUKEE, WISCONSIN -- A 1,200 TON PER DAY SECOND GENERATION ST.
LOUIS TYPE FACILITY' FERROUS METAL, ALUMINUM, PAPER AND A GLASSY
AGGREGATE WILL ALSO BE RECOVERED.
4. NEW ORLEANS, LOUISIANA -- A 650 TON PER DAY PLANT THAT WILL
RECOVER GLASS, FERROUS METALS, NON-FERROUS METALS AND PAPER. THE
REMAINING FRACTION, APPROXIMATELY 80% BY WEIGHT OF THE INCOMING
DISCARDED MATERIALS WILL BE DISPOSED OF ON THE LAND.
5. EAST BRIDGEWATER, MASSACHUSETTS -- A 600 TON PER DAY INCINERATOR
WITH A SEPARATE PROCESSING LINE FOR CONVERTING A PORTION OF MUNICIPAL
DISCARDED MATERIALS INTO A DUST LIKE FUEL SUPPLEMENT. THIS PLANT WILL
PRODUCE ECO-FUEL II FOR USE IN AN INDUSTRIAL BOILER AND FOR TESTING IN
OTHER BOILERS.
6. WILMINGTON, DELAWARE -- A 500 TON PER DAY PROJECT TO PREPARE
MUNICIPAL DISCARDED MATERIALS AS A SUPPLEMENTARY FUEL TO BE USED IN AN
OIL FIRED UTILITY BOILER.
C. PROJECTION OF IMPLEMENTATIONS OF ENERGY
RECOVERY SYSTEMS BY 1980.
1. SEE TABLE IV-1 AT PAGE 72 FOR AN ILLUSTRATION OF THE PROJECTED
IMPLEMENTATIONS OF ENERGY RECOVERY SYSTEMS BY 1980.
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TABLE OMITTED
TABLE OMITTED.
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MICROFORM REFILMED; SEE APPENDICES.
TABLE OMITTED
1. SEE TABLE IV-2 BELOW FOR AN ILLUSTRATION OF POUNDS OF WASTE
PROCESSED IN REFUSE FIRED STEAM GENERATORS TO STEAM, PER CAPITA PER DAY
IN SELECTED COUNTRIES.
TABLE OMITTED
1. SEE TABLE IV-3 FOR AN ILLUSTRATION OF THE CAPACITY TONNAGE OF
REFUSE-FIRED STEAM GENERATORS INSTALLED OR UNDER CONSTRUCTION IN
SELECTED COUNTRIES.
TABLE OMITTED
THE INITIAL SOLID WASTE DISPOSAL ACT OF 1965 EMPHASIZED THE HEALTH
IMPACTS OF IMPROPER MUNICIPAL DISPOSAL PRACTICES AND ENVISIONED A
LIMITED FEDERAL ROLE.
CONGRESS RE-EVALUATED ITS POSITION ON THE MANAGEMENT OF DISCARDED
MATERIALS AND IN 1970 PASSED THE RESOURCE RECOVERY ACT WHICH BROADENED
THE EMPHASIS OF THE SOLID WASTE DISPOSAL ACT TO INCLUDE MATERIAL
SELF-SUFFICIENCY AND CONSERVATION OBJECTIVES AND THE SPECIAL IMPACTS OF
HAZARDOUS WASTES. THE RESOURCE RECOVERY ACT OF 1970 INCLUDED: (1)
AUTHORIZATION FOR DEMONSTRATION GRANTS FOR NEW RESOURCE RECOVERY
TECHNOLOGY; (2) REQUIREMENT OF STUDY AND INVESTIGATION OF VARIOUS MEANS
OF RESOURCE RECOVERY AND WASTE REDUCTION AND AN ANNUAL REPORT OF THE
RESULTS; (3) AUTHORIZATION FOR SETTING UP A NATIONAL COMMISSION ON
MATERIALS POLICY. (THIS COMMISSION RECOMMENDED A STRONG PROGRAM IN THE
AREA OF RESOURCE RECOVERY AND CONSERVATION. MORE RECENTLY, CONGRESS
ESTABLISHED A NATIONAL COMMISSION ON SHORTAGES AND SCARCITIES TO FURTHER
THIS WORK. THUS, TO A CONSIDERABLE DEGREE, THE DISCARDED MATERIALS
ISSUE IS NOW SEEN AS PART OF THE BROADER NATIONAL MATERIAL USE ISSUE);
AND (4) REQUIREMENT FOR "A COMPREHENSIVE REPORT AND PLAN FOR THE
CREATION OF A SYSTEM OF NATIONAL DISPOSAL SITES FOR THE STORAGE AND
DISPOSAL OF HAZARDOUS WASTES, INCLUDING RADIOACTIVE, TOXIC CHEMICAL,
BIOLOGICAL AND OTHER WASTES WHICH MAY ENDAGER PUBLIC HEALTH OR WELFARE."
1. TABLE V-1, AT PAGE 76, IS A REPRINT OF THE SOLID WASTE DISPOSAL
ACT OF 1965, AS AMENDED (P.L. 89-272).
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/1/ TITLE I OF P.L. 89-272 AMENDED THE CLEAN AIR ACT (P.L. 88-206).
/2/ SEC. 202(B) AMENDED BY SEC. 101. P.L. 91-512.
/3/ SEC. 203 AMENDED BY SEC. 102. P.L. 91-512.
/3A/ BY REASON OF THE ESTABLISHMENT OF THE U.S. ENVIRONMENTAL
PROTECTION AGENCY, IN DECEMBER 1970, THE REFERENCES IN THE CITED
LEGISLATION TO "THE SECRETARY" OR TO "THE SECRETARY OF HEALTH, EDUCATION
AND WELFARE" SHOULD BE CHANGED TO READ "THE ADMINISTRATOR" OR "THE
ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY" AUTHORITY FOR THIS
CHANGE: THE PRESIDENT'S REORGANIZATION PLAN NO. 3 OF 1970. THERE ARE
30 OR MORE PLACES IN THE LEGISLATION WHERE SUCH CHANGES SHOULD BE MADE
BEGINNING WITH SECTION 203 (P. 2). ENTITLED "DEFINITIONS." SPECIFIC
REFERENCES TO THE LEGISLATION TO THE SECRETARY OF ANY OTHER DEPARTMENT
OF THE EXECUTIVE BRANCH SHOULD NOT BE CHANGED.
MICROFORM REFILMED; SEE APPENDICES.
(PUBLIC LAW 89-272 -- 89TH CONGRESS, S. 306, APPROVED OCTOBER 20,
1965)
AN ACT TO AUTHORIZE A RESEARCH AND DEVELOPMENT PROGRAM WITH RESPECT
TO SOLID WASTE DISPOSAL, AND FOR OTHER PURPOSES.
SEC. 201. THIS TITLE (HEREINAFTER REFERRED TO AS "THIS ACT") MAY BE
CITED AS THE "SOLID WASTE DISPOSAL ACT".
SEC. 202. (A) THE CONGRESS FINDS
(1) THAT THE CONTINUING TECHNOLOGICAL PROGRESS AND IMPROVEMENT IN
METHODS OF MANUFACTURE, PACKAGING, AND MARKETING OF CONSUMER PRODUCTS
HAS RESULTED IN AN EVER-MOUNTING INCREASE, AND IN A CHANGE IN THE
CHARACTERISTICS, OF THE MASS OF MATERIAL DISCARDED BY THE PURCHASER OF
SUCH PRODUCTS;
(2) THAT THE ECONOMIC AND POPULATION GROWTH OF OUR NATION, AND THE
IMPROVEMENTS IN THE STANDARD 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, 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 INEFFICIENT AND IMPROPER METHODS OF DISPOSAL OF SOLID WASTES
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 OF DISEASE, HAVE AN ADVERSE EFFECT
ON LAND VALUES CREATE PUBLIC NUISANCES, OTHERWISE INTERFERE WITH
COMMUNITY LIFE AND DEVELOPMENT;
(5) THAT THE FAILURE OR INABILITY TO SALVAGE AND REUSE SUCH MATERIALS
ECONOMICALLY RESULTS IN THE UNNECESSARY WASTE AND DEPLETION OF OUR
NATURAL RESOURCES; AND
(6) THAT WHILE THE COLLECTION AND DISPOSAL OF SOLID WASTES SHOULD
CONTINUE TO BE PRIMARILY THE FUNCTION OF STATE, REGIONAL, AND LOCAL
AGENCIES, THE PROBLEMS OF WASTE DISPOSAL AS SET FORTH ABOVE HAVE BECOME
A MATTER NATIONAL IN SCOPE AND IN CONCERN AND NECESSITATE FEDERAL ACTION
THROUGH FINANCIAL AND TECHNICAL ASSISTANCE AND LEADERSHIP IN THE
DEVELOPMENT, DEMONSTRATION, AND APPLICATION OF NEW AND IMPROVED METHODS
AND PROCESSES TO REDUCE THE AMOUNT OF WASTE AND UNSALVAGEABLE MATERIALS
AND TO PROVIDE FOR PROPER AND ECONOMICAL SOLID-WASTE DISPOSAL PRACTICES.
(B) /2/ THE PURPOSES OF THIS ACT THEREFORE ARE (1) TO PROMOTE THE
DEMONSTRATION, CONSTRUCTION, AND APPLICATION OF SOLID WASTE MANAGEMENT
AND RESOURCE RECOVERY SYSTEMS WHICH PRESERVE AND ENHANCE THE QUALITY OF
AIR, WATER, AND LAND RESOURCES; (2) TO PROVIDE TECHNICAL AND FINANCIAL
ASSISTANCE TO STATES AND LOCAL GOVERNMENTS AND INTERSTATE AGENCIES IN
THE PLANNING AND DEVELOPMENT OF RESOURCE RECOVERY AND SOLID WASTE
DISPOSAL PROGRAMS; (3) TO PROMOTE A NATIONAL RESEARCH AND DEVELOPMENT
PROGRAM FOR IMPROVED MANAGEMENT TECHNIQUES, MORE EFFECTIVE
ORGANIZATIONAL ARRANGEMENTS, AND NEW AND IMPROVED METHODS OF COLLECTION,
SEPARATION, RECOVERY, AND RECYCLING OF SOLID WASTES, AND THE
ENVIRONMENTALLY SAFE DISPOSAL OF NONRECOVERABLE RESIDUES; (4) TO
PROVIDE FOR THE PROMULGATION OF GUIDELINES FOR SOLID WASTE COLLECTION,
TRANSPORT, SEPARATION, RECOVERY, AND DISPOSAL SYSTEMS; AND (5) TO
PROVIDE FOR TRAINING GRANTS IN OCCUPATIONS INVOLVING THE DESIGN,
OPERATION, AND MAINTENANCE OF SOLID WASTE DISPOSAL SYSTEMS.
SEC. 203 /3/ WHEN USED IN THIS ACT;
1) /3A/ THE TERM "SECRETARY" MEANS THE SECRETARY OF HEALTH,
EDUCATION, AND WELFARE, EXCEPT THAT SUCH TERM MEANS THE SECRETARY OF THE
INTERIOR WITH RESPECT TO PROBLEMS OF SOLID WASTE RESULTING FROM THE
EXTRACTION, PROCESSING, OR UTILIZATION OF MINERALS OR FOSSIL FUELS WHERE
THE GENERATION, PRODUCTION, OR REUSE OF SUCH WASTE IS OR MAY BE
CONTROLLED WITHIN THE EXTRACTION, PROCESSING, OR UTILIZATION FACILITY OR
FACILITIES AND WHERE SUCH CONTROL IS A FEATURE OF THE TECHNOLOGY OR
ECONOMY OF THE OPERATION OF SUCH FACILITY OR FACILITIES.
(2) THE TERM "STATE" MEANS A STATE, THE DISTRICT OF COLUMBIA, THE
COMMONWEALTH OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN
SAMOA.
(3) 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.
(4) THE TERM "SOLID WASTE" MEANS GARBAGE, REFUSE, AND OTHER DISCARDED
SOLID MATERIALS, INCLUDING SOLID-WASTE MATERIALS RESULTING FROM
INDUSTRIAL, COMMERCIAL, AND AGRICULTURAL OPERATIONS, AND FROM COMMUNITY
ACTIVITIES, BUT DOES NOT INCLUDE SOLIDS OR DISSOLVED MATERIAL IN
DOMESTIC SEWAGE OR OTHER SIGNIFICANT POLLUTANTS IN WATER RESOURCES, SUCH
AS SILT, DISSOLVED OR SUSPENDED SOLIDS IN INDUSTRIAL WASTE WATER
EFFLUENTS, DISSOLVED MATERIALS IN IRRIGATION RETURN FLOWS OR OTHER
COMMON WATER POLLUTANTS.
(5) THE TERM "SOLID-WASTE DISPOSAL" MEANS THE COLLECTION, STORAGE,
TREATMENT, UTILIZATION, PROCESSING, OR FINAL DISPOSAL OF SOLID WASTE.
(6) 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 THE
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 OTHER MOTOR VECHICLES, 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 FEASBILITY 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.
(7) THE TERM "MUNICIPALITY" MEANS A CITY, TOWN, BOROUGH, COUNTY,
PARISH, DISTRICT, OR OTHERPUBLIC BODY CREATED BY OR PURSUANT TO STATE
LAW WITH RESPONSIBILITY FOR THE PLANNING OR ADMINISTRATION OF SOLID
WASTE DISPOSAL, OR AN INDIAN TRIBE.
(8) THE TERM "INTERMUNICIPAL AGENCY" MEANS AN AGENCY ESTABLISHED BY
TWO OR MORE MUNICIPALITIES WITH RESPONSIBILITY FOR PLANNING OR
ADMINISTRATION OF SOLID WASTE DISPOSAL.
(9) THE TERM "RECOVERED RESOURCES" MEANS MATERIALS OR ENERGY
RECOVERED FROM SOLID WASTES.
(10) 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.
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/4/ FOOTNOTE ILLEGIBLE
/5/ PREVIOUS SEC. 205 REDESIGNATED AS SEC. 206 BY SEC. 104(A) OF
P.L. 91-512.
/6/ SEC. 207 ADDED BY SEC. 104(B) OF P.L. 91-512.
SEC. 204 /4/ (A) THE SECRETARY 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, 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 REDUCTION OF THE AMOUNT OF SUCH WASTE AND UNSALVAGEABLE WASTE
MATERIALS;
(4) 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; AND
(5) THE IDENTIFICATION OF SOLID WASTE COMPONENTS AND POTENTIAL
MATERIALS AND ENERGY RECOVERABLE FROM SUCH WASTE COMPONENTS.
(C) IN CARRYING OUT THE PROVISIONS OF THE PRECEDING SUBSECTION, THE
SECRETARY IS AUTHORIZED TO
(1) COLLECT AND MAKE AVAILABLE, THROUGH PUBLICATIONS AND OTHER
APPROPRIATE MEANS, THE RESULTS OF, AND OTHER INFORMATION PERTAINING TO,
SUCH RESEARCH AND OTHER ACTIVITIES, INCLUDING APPROPRIATE
RECOMMENDATIONS IN CONNECTION THEREWITH;
(2) COOPERATE WITH PUBLIC AND PRIVATE AGENCIES, INSTITUTIONS, AND
ORGANIZATION, AND WITH ANY INDUSTRIES INVOLVED, IN THE PREPARATION AND
THE CONDUCT OF SUCH RESEARCH AND OTHER ACTIVITIES; AND
(3) MAKE GRANTS-IN-AID TO PUBLIC OR PRIVATE AGENCIES AND INSTITUTIONS
AND TO INDIVIDUALS FOR RESEARCH, TRAINING PROJECTS, SURVEYS, AND
DEMONSTRATIONS (INCLUDING CONSTRUCTION OF FACILITIES), AND PROVIDE FOR
THE CONDUCT OF RESEARCH, TRAINING, SURVEYS, AND DEMONSTRATIONS BY
CONTRACT WITH PUBLIC OR PRIVATE AGENCIES AND INSTITUTIONS AND WITH
INDIVIDUALS: AND SUCH CONTRACTS FOR RESEARCH OR DEMONSTRATIONS OR BOTH
(INCLUDING CONTRACTS FOR CONSTRUCTION) MAY BE MADE IN ACCORDANCE WITH
AND SUBJECT TO THE LIMITATIONS IN TITLE 10, UNITED STATES CODE, SECTION
2353, EXCEPT THAT THE DETERMINATION, APPROVAL, AND CERTIFICATION
REQUIRED THEREBY SHALL BE MADE BY THE SECRETARY.
(C) ANY GRANT, AGREEMENT, OR CONTRACT MADE OR ENTERED INTO UNDER THIS
SECTION SHALL CONTAIN PROVISIONS EFFECTIVE TO INSURE THAT ALL
INFORMATION, USES, PROCESSES, PATENTS AND OTHER DEVELOPMENTS RESULTING
FROM ANY ACTIVITY UNDERTAKEN PURSUANT TO SUCH GRANT, AGREEMENT, OR
CONTRACT WILL BE MADE READILY AVAILABLE ON FAIR AND EQUITABLE TERMS TO
INDUSTRIES UTILIZING METHODS OF SOLID-WASTE DISPOSAL AND INDUSTRIES
ENGAGING IN FURNISHING DEVICES, FACILITIES, EQUIPMENT, AND SUPPLIES TO
BE USED IN CONNECTION WITH SOLID-WASTE DISPOSAL. IN CARRYING OUT THE
PROVISIONS OF THIS SECTION, THE SECRETARY AND EACH DEPARTMENT, AGENCY,
AND OFFICE OF THE FEDERAL GOVERNMENT HAVING FUNCTIONS OR DUTIES UNDER
THIS ACT SHALL MAKE USE OF AND ADHERE TO THE STATEMENT OF GOVERNMENT
PATENT POLICY WHICH WAS PROMULGATED BY THE PRESIDENT IN HIS MEMORANDUM
OF OCTOBER 10, 1963. (3 CFR, 1963 SUPP., P. 238.)
SPECIAL STUDY AND DEMONSTRATION PROJECTS ON
RECOVERY OF USEFUL ENERGY AND MATERIALS
SEC. 205 /5/ (A) THE SECRETARY SHALL CARRY OUT AN INVESTIGATION AND
STUDY TO DETERMINE
(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, AND THE IMPACT OF DISTRIBUTION OF SUCH
RESOURCES ON EXISTING MARKETS;
(2) CHANGES IN CURRENT PRODUCT CHARACTERISTICS AND PRODUCTION AND
PACKAGING PRACTICES WHICH WOULD REDUCE THE AMOUNT OF SOLID WASTE;
(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; AND
(7) THE NECESSITY AND METHOD OF IMPOSING DISPOSAL OR OTHER CHARGES OR
PACKAGING, CONTAINERS, VEHICLES, AND OTHER MANUFACTURED GOODS, WHICH
CHARGES OF THE ITEM, AND ANY SOCIAL COSTS ASSOCIATED WITH NONRECYCLING
OR UNCONTROLLED DISPOSAL OF SUCH ITEMS.
THE SECRETARY SHALL FROM TIME TO TIME, BUT NOT LESS FREQUENTLY THAN
ANNUALLY, REPORT THE RESULTS OF SUCH INVESTIGATION AND STUDY TO THE
PRESIDENT AND THE CONGRESS.
(B) THE SECRETARY IS ALSO AUTHORIZED TO CARRY OUT DEMONSTRATION
PROJECTS TO TEST AND DEMONSTRATE METHODS AND TECHNIQUES DEVELOPED
PURSUANT TO SUBSECTION (A).
(C) SECTION 204 (B) AND (C) SHALL BE APPLICABLE TO INVESTIGATIONS,
STUDIES, AND PROJECTS CARRIED OUT UNDER THIS SECTION.
INTERSTATE AND INTERLOCAL COOPERATION
SEC. 206. /6/ THE SECRETARY SHALL ENCOURAGE COOPERATIVE ACTIVITIES
BY THE STATES AND LOCAL GOVERNMENTS IN CONNECTION WITH SOLID-WASTE
DISPOSAL PROGRAMS: ENCOURAGE WHERE PRACTICABLE, INTERSTATE, INTERLOCAL,
AND REGIONAL PLANNING FOR, AND THE CONDUCT OF, INTERSTATE, INTERLOCAL,
AND REGIONAL SOLID-WASTE DISPOSAL PROGRAMS: AND ENCOURAGE THE ENACTMENT
OF IMPROVED AND, SO FAR AS PRACTICABLE, UNIFORM STATE AND LOCAL LAWS
GOVERNING SOLID-WASTE DISPOSAL.
GRANTS FOR STATE, INTERSTATE, AND LOCAL PLANNING
PARAGRAPH ILLEGIBLE
(1) MAKING SURVEYS OF SOLID WASTE DISPOSAL PRACTICES AND PROBLEMS
WITHIN THE JURISDICTIONAL AREAS OF SUCH AGENCIES AND
PARAGRAPH ILLEGIBLE
(3) DEVELOPING PROPOSALS FOR PROJECTS TO BE CARRIES OUT PURSUANT TO
SECTION 208 OF THIS ACT, OR
(4) PLANNING PROGRAMS FOR THE REMOVAL AND PROCESSING OF ABANDONED
MOTOR VEHICLE HULKS.
(B) GRANTS PURSUANT TO THIS SECTION MAY BE MADE UPON APPLICATION
THEREFORE WHICH
(1) DESIGNATES OR ESTABLISHES A SINGLE AGENCY (WHICH MAY BE AN
INTERDEPARTMENTAL AGENCY) AS THE SOLE AGENCY FOR CARRYING OUT THE
PURPOSES OF THIS SECTION FOR THE AREA INVOLVED;
(2) INDICATES THE MANNER IN WHICH PROVISION WILL BE MADE TO ASSURE
FULL CONSIDERATION OF ALL ASPECTS OF PLANNING ESSENTIAL TO AREAWIDE
PLANNING FOR PROPER AND EFFECTIVE SOLID WASTE DISPOSAL CONSISTENT WITH
THE PROTECTION OF THE PUBLIC HEALTH AND WELFARE, INCLUDING SUCH FACTORS
AS POPULATION GROWTH, URBAN AND METROPOLITAN DEVELOPMENT, LAND USE
PLANNING, WATER POLLUTION CONTROL, AIR POLLUTION CONTROL, AND THE
FEASIBILITY OF REGIONAL DISPOSAL AND RESOURCE RECOVERY PROGRAMS;
(3) SETS FORTH PLANS FOR EXPENDITURE OF SUCH GRANT, WHICH PLANS
PROVIDE REASONABLE ASSURANCE OF CARRYING OUT THE PURPOSE OF THIS
SECTION;
(4) PROVIDES FOR SUBMITTION OF SUCH REPORTS OF THE ACTIVITIES OF THE
AGENCY IN CARRYING OUT THE PURPOSES OF THIS SECTION, IN SUCH FORM AND
CONTAINING SUCH INFORMATION, AS THE SECRETARY MAY FROM TIME TO TIME FIND
NECESSARY FOR CARRYING OUT THE PURPOSES OF THIS SECTION AND FOR KEEPING
SUCH RECORDS AND AFFORDING SUCH ACCESS THERETO AS HE MAY FIND NECESSARY;
AND
(5) PROVIDES FOR SUCH FISCAL-CONTROL AND FUND-ACCOUNTING PROCEDURES
AS MAY BE NECESSARY TO ASSURE PROPER DISBURSEMENT OF AND ACCOUNTING FOR
FUNDS PAID TO THE AGENCY UNDER THIS SECTION.
(C) THE SECRETARY SHALL MAKE A GRANT UNDER THIS SECTION ONLY IF HE
FINDS THAT THERE IS SATISFACTORY ASSURANCE THAT THE PLANNING OF SOLID
WASTE DISPOSAL WILL BE COORDINATED, SO FAR AS PRACTICABLE, WITH AND NOT
DUPLICATE OTHER RELATED STATE, INTERSTATE, REGIONAL, AND LOCAL PLANNING
ACTIVITES, INCLUDING THOSE FINANCED IN PART WITH FUNDS PURSUANT TO
SECTION 701 OF THE HOUSING ACT OF 1954.
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/8/ SEC. 208 ADDED BY SEC. 104(B) P.L. 91-512.
/9/ SEC. 209 ADDED BY SEC. 104(B) P.L. 91-512.
/10/ SEC. 210 ADDED BY SEC. 104(B) P.L. 91-512.
MICROFORM REFILMED; SEE APPENDICES.
SEC. 208 /8/ (A) THE SECRETARY IS AUTHORIZED TO MAKE GRANTS PURSUANT
TO THIS SECTION TO ANY STATE, MUNICIPAL, OR INTERSTATE OR INTERMUNICIPAL
AGENCY FOR THE DEMONSTRATION OF RESOURCE RECOVERY SYSTEMS OR FOR THE
CONSTRUCTION OF NEW OR IMPROVED SOLID WASTE DISPOSAL FACILITIES.
(B)(1) ANY GRANT UNDER THIS SECTION FOR THE DEMONSTRATION OF RESOURCE
RECOVERY SYSTEM MAY BE MADE ONLY IF IT (A) IS CONSISTENT WITH ANY PLANS
WHICH MEET THE REQUIREMENTS OF SECTION 207(B)(2) OF THIS ACT; (B) IS
CONSISTENT WITH THE GUIDELINES RECOMMENDED PURSUANT TO SECTION, 209 OF
THIS ACT; (C) IS DESIGNED TO PROVIDE AREAWIDE RESOURCE RECOVERY SYSTEMS
CONSISTENT WITH THE PURPOSES OF THIS ACT, AS DETERMINED BY THE
SECRETARY, PURSUANT TO REGULATIONS PROMULGATED UNDER SUBSECTION (D) OF
THIS SECTION; AND (D) PROVIDES AN EQUITABLE SYSTEM FOR DISTRIBUTING THE
COSTS ASSOCIATED WITH CONSTRUCTION, OPERATION, AND MAINTENANCE OF ANY
RESOURCE RECOVERY SYSTEM AMONG THE USERS OF SUCH SYSTEM.
(2) THE FEDERAL SHARE FOR ANY PROJECT TO WHICH PARAGRAPH (1) APPLIES
SHALL NOT BE MORE THAN 75 PERCENT.
(C)(1) A GRANT UNDER THIS SECTION FOR THE CONSTRUCTION OF A NEW OR
IMPROVED SOLID WASTE DISPOSAL FACILITY MAY BE MADE ONLY IF (A) A STATE
OR INTERSTATE PLAN FOR SOLID WASTE DISPOSAL HAS BEEN ADOPTED WHICH
APPLIES TO THE AREA INVOLVED, AND THE FACILITY TO BE CONSTRUCTED (I) IS
CONSISTENT WITH SUCH PLAN, (II) IS INCLUDED IN A COMPREHENSIVE PLAN FOR
THE AREA INVOLVED WHICH IS SATISFACTORY TO THE SECRETARY FOR THE
PURPOSES OF THIS ACT, AND (III) IS CONSISTENT WITH THE GUIDELINES
RECOMMENDED UNDER SECTION 209, 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)(1) THE SECRETARY, WITHIN NINETY DAYS AFTER THE DATE OF ENACTMENT
OF THE RESOURCE RECOVERY ACT OF 1970, 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 SECRETARY (A) TO THE PUBLIC BENEFITS
TO BE DERIVED BY THE CONSTRUCTION AND THE PROPERTY 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) 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 OTHERSIE
PROVIDED IN PARAGRAPH (1)(B) FOR OPERATING OR MAINTENANCE COSTS; (3)
MAY NOT BE MADE UNTIL THE APPLICANT HAS MADE PROVISION SATISFACTORY TO
THE SECRETARY 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 SECRETARY 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 SECRETARY.
(F)(1) NOT MORE THAN 15 PERCENT OF THE TOTAL OF FUNDS AUTHORIZED TO
BE APPROPRIATED UNDER SECTION 216(A)(3) FOR ANY FISCAL YEAR TO CARRY OUT
THIS SECTION SHALL BE GRANTED UNDER THIS SECTION FOR PROJECTS IN ANY ONE
STATE.
(2) THE SECRETARY 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.
SEC. 209 /9/ (A) THE SECRETARY SHALL, IN COOPERATION WITH APPROPRIATE
STATE, FEDERAL, INTERSTATE, REGIONAL, AND LOCAL AGENCIES, ALLOWING FOR
PUBLIC COMMENT BY OTHER INTERESTED PARTIES, AS SOON AS PRACTICABLE AFTER
THE ENACTMENT OF THE RESOURCE RECOVERY ACT OF 1970, RECOMMEND TO
APPROPRIATE AGENCIES AND PUBLISH IN THE FEDERAL REGISTER GUIDELINES FOR
SOLID WASTE RECOVERY, COLLECTION, SEPARATION, AND DISPOSAL SYSTEMS
(INCLUDING SYSTEMS FOR PRIVATE USE), WHICH SHALL BE CONSISTENT WITH
PUTBLIC HEALTH AND WELFARE, AND AIR AND WATER QUALITY STANDARDS AND
ADAPTABLE TO APPROPRIATE LAND-USE PLANS. SUCH GUIDELINES SHALL APPLY TO
SUCH SYSTEMS WHETHER ON LAND OR WATER AND SHALL BE REVISED FROM TIME TO
TIME.
(B)(1) THE SECRETARY SHALL, AS SOON AS PRACTICABLE, RECOMMEND MODEL
CODES, ORDINANCES, AND STATUTES WHICH ARE DESIGNED TO IMPLEMENT THIS
SECTION AND THE PURPOSES OF THIS ACT.
(2) THE SECRETARY SHALL ISSUE TO APPROPRIATE FEDERAL, INTERSTATE,
REGIONAL, AND LOCAL AGENCIES INFORMATION ON TECHNICALLY FEASIBLE SOLID
WASTE COLLECTION, SEPARATION, DISPOSAL, RECYCLING, AND RECOVERY METHODS,
INCLUDING DATA ON THE COST OF CONSTRUCTION, OPERATION, AND MAINTENANCE
OF SUCH METHODS.
SEC. 210 /10/ (A) THE SECRETARY 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)(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 SECRETARY, 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 SECRETARY AT SUCH
TIME OR TIMES AND CONTAINING SUCH INFORMATION AS HE MAY PRESCRIBE,
EXCEPT THAT NO SUCH APPLICATION SHALL BE AYPROVED UNLESS IT PROVIDES FOR
THE SAME PROCEDURES AND REPORTS (AND ACCESS TO SUCH REPORTS AND TO OTHER
RECORDS) AS IS REQUIRED BY SECTION 207(B) (4) AND (5) WITH RESPECT TO
APPLICATIONS MADE UNDER SUCH SECTION.
(C) THE SECRETARY 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.
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/11/ SEC. 211 ADDED BY SEC. 104(B) P.L. 91-512.
/12/ SEC 212 ADDED BY SEC. 104(B) OF P.L. 91-512.
/13/ FORMER SECS. 207 THROUGH 210 REDESIGNATED AS SECS. 213 THROUGH
216 BY SEC. 104(B) OF P.L. 91-512.
/14/ SEC. 215 AS REDESIGNATED BY SEC. 104(B) OF P.L. 91-512 FURTHER
AMENDED BY SEC. 104(C) OF THAT ACT.
/15/ SEC. 216 AS REDESIGNATED BY SEC. 104(B) OF P.L. 91-512 FURTHER
AMENDED BY SEC. 105 OF THAT ACT.
/16/ P.L. 93-14 EXTENDED AUTHORIZATION OF FUNDING TO JUNE 30, 1974;
P.L. 93-611 EXTENDED AUTHORIZATION TO JUNE 30, 1975.
/17/ P.L. 93-14 EXTENDED AUTHORIZATION OF FUNDING TO JUNE 30, 1974.
MICROFORM REFILMED; SEE APPENDICES.
(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 NOT LATER THAN ONE YEAR AFTER ENACTMENT OF
THIS ACT.
SEC. 211 /11/ (A)(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 209 AND THE PURPOSES OF THIS ACT IN THE OPERATION OF
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 INCURE 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) 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 SECREATARY TO INSURE COMPLIANCE WITH GUIDELINES
RECOMMENDED UNDER SECTION 209 AND THE PURPOSES OF THIS ACT.
SEC. 212 /12/ THE SECRETARY SHALL SUBMIT TO THE CONGRESS NO LATER
THAN TWO YEARS AFTER THE DATE OF ENACTMENT OF THE RESOURCE RECOVERY ACT
OF 1970, A COMPREHENSIVE REPORT AND PLAN FOR THE CREATION OF A SYSTEM OF
NATIONAL DISPOSAL SITES FOR THE STORAGE AND DISPOSAL OF HAZARDOUS
WASTES, INCLUDING RADIOACTIVE, TOXIC CHEMICAL, BIOLOGICAL, AND OTHER
WASTES WHICH MAY ENDANGER PUBLIC HEALTH OR WELFARE. SUCH REPORT
INCLUDE: (1) A LIST OF MATERIALS WHICH SHOULD BE SUBJECT TO DISPOSAL IN
ANY SUCH SITE; (2) CURRENT METHODS OF DISPOSAL OF SUCH MATERIALS; (3)
RECOMMENDED METHODS OF REDUCTION, NEUTRALIZATION, RECOVERY, OR DISPOSAL
OF SUCH MATERIALS; (4) AN INVENTORY OF POSSIBLE SITES INCLUDING
EXISTING LAND OR WATER DISPOSAL SITES OPERATED OR LICENSED BY FEDERAL
AGENCIES; (5) AN ESTIMATE OF THE COST OF DEVELOPING AND MAINTAINING
SITES INCLUDING CONSIDERATION OF MEANS FOR DISTRIBUTING THE SHORT AND
LONG TERM COSTS OF OPERATING SUCH SITES AMONG THE USERS THEREOF; AND
(6) SUCH OTHER INFORMATION AS MAY BE APPROPRIATE.
SEC. 212 /13/ NO GRANT FOR A PROJECT OF CONSTRUCTION UNDER THIS ACT
SHALL BE MADE UNLESS THE SECRETARY FINDS THAT THE APPLICATION CONTAINS
OR IS SUPPORTED BY REASONABLE ASSURANCE THAT ALL LABORERS AND MECHANICS
EMPLOYED BY CONTRACTORS OR SUBCONTRACTORS ON PROJECTS OF THE TYPE
COVERED BY THE DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 276A -- 276A-5),
WILL BE PAID WAGES AT RATES NOT LESS THAN THOSE 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).
SEC. 214. THIS ACT SHALL NOT BE CONSTRUED AS SUPERSEDING OR LIMITING
THE AUTHORITIES AND RESPONSIBILITIES, UNDER ANY OTHER PROVISIONS OF LAW,
OF THE SECRETARY OF HEALTH, EDUCATION, AND WELFARE, THE SECRETARY OF THE
INTERIOR, OR ANY OTHER FEDERAL OFFICER, DEPARTMENT, OR AGENCY.
SEC. 215. /14/ (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 SECRETARY MAY DETERMINE.
(B) NO GRANT MAY BE MADE UNDER THIS ACT TO ANY PRIVATE PROFITMAKING
ORGANIZATION.
SEC. 216 /15/ (A)(1) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE
SECRETARY OF HEALTH, EDUCATION, AND WELFARE FOR CARRYING OUT THE
PROVISIONS OF THIS ACT (INCLUDING, BUT NOT LIMITED TO, SECTION 208), NOT
TO EXCEED 41,500,000 DOLLARS FOR THE FISCAL YEAR ENDING JUNE 30, 1971.
(2) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF
THE ENVIRONMENTAL PROTECTION AGENCY TO CARRY OUT THE PROVISIONS OF THIS
ACT, OTHER THAN SECTION 208, NOT TO EXCEED 72,000,000 DOLLARS FOR THE
FISCAL YEAR ENDING JUNE 30, 1972, AND NOT TO EXCEED 76,000,000 DOLLARS
FOR THE FISCAL YEAR ENDING JUNE 30, 1973, NOT TO EXCEED 76,000,000
DOLLARS FOR THE FISCAL YEAR ENDING JUNE 30, 1974, AND NOT TO EXCEED
76,000,000 DOLLARS FOR THE FISCAL YEAR ENDING JUNE 30, 1975. /16/
(3) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF
THE ENVIRONMENTAL PROTECTION AGENCY TO CARRY OUT SECTION 208 OF THIS ACT
NOT TO EXCEED 80,000,000 DOLLARS FOR THE FISCAL YEAR ENDING JUNE 30,
1972, AND NOT TO EXCEED 140,000,000 DOLLARS FOR THE FISCAL YEAR ENDING
JUNE 30, 1973, AND NOT TO EXCEED 140,000,000 DOLLARS FOR THE FISCAL YEAR
ENDING JUNE 30, 1974.
(B) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY OF THE
INTERIOR TO CARRY OUT THIS ACT NOT TO EXCEED 8,750,000 DOLLARS FOR THE
FISCAL YEAR ENDING JUNE 30, 1971, NOT TO EXCEED 20,000,000 DOLLARS FOR
THE FISCAL YEAR ENDING JUNE 30, 1972, NOT TO EXCEED 22,500,000 DOLLARS
FOR THE FISCAL YEAR ENDING JUNE 30, 1973, AND NOT TO EXCEED 22,500,000
DOLLARS FOR THE FISCAL YEAR ENDING JUNE 30, 1974. /17/ PRIOR TO
EXPENDING ANY FUNDS AUTHORIZED TO BE APPROPRIATED BY THIS SUBSECTION,
THE SECRETARY OF THE INTERIOR SHALL CONSULT WITH THE SECRETARY OF
HEALTH, EDUCATION, AND WELFARE TO ASSURE THAT THE EXPENDITURE OF SUCH
FUNDS WILL BE CONSISTENT WITH THE PURPOSES OF THIS ACT.
(C) SUCH PORTION AS THE SECRETARY MAY DETERINE, BUT NOT MORE THAN 1
PER CENTUM, OF ANY APPROPRIATION FOR GRANTS, CONTRACTS, OR OTHER
PAYMENTS UNDER ANY PROVISION OF THIS ACT FOR ANY FISCAL YEAR BEGINNING
AFTER JUNE 30, 1970, SHALL BE AVAILABLE FOR EVALUATION (DIRECTLY, OR BY
GRANTS OR CONTRACTS) OF ANY PROGRAM AUTHORIZED BY THIS ACT.
(D) SUMS APPROPRIATED UNDER THIS SECTION SHALL REMAIN AVAILABLE UNTIL
EXPENDED.
1. THE SOLID WASTE DISPOSAL ACT OF 1965 WAS AMENDED:
A. BY THE RESOURCE RECOVERY ACT OF 1970, P.L. 91-512, 91ST CONGRESS,
H.R. 11833, OCTOBER 26, 1970;
B. BY P.L. 93-14, 93RD CONGRESS, H.R. 5446, APRIL 9, 1973 (TO EXTEND
THE AMENDED SOLID WASTE DISPOSAL ACT FOR ONE YEAR); AND
C. BY P.L. 93-611, 93RD CONGRESS, H.R. 16045, JANUARY 2, 1975 (TO
AMEND THE SOLID WASTE DISPOSAL ACT TO AUTHORIZE APPROPRIATIONS FOR
FISCAL YEAR 1975).
FOR DISCARDED MATERIALS PROGRAMS
THE FOLLOWING TABULATION SHOWS THE TOTAL FEDERAL SPENDING UNDER THE
SOLID WASTE DISPOSAL ACT SINCE THE LAST MAJOR LEGISLATIVE AMENDMENT IN
1971 (SOURCE: ENVIRONMENTAL PROTECTION AGENCY, 1975).
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MICROFORM REFILMED; SEE APPENDICES.
TABLE OMITTED
ONE SECTION OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED, HAS DISTINCT
AUTHORIZATIONS AND APPROPRIATIONS, WHILE ALL OTHER SECTIONS ARE LUMPED
TOGETHER. THE TABLE BELOW DISPLAYS THE PORTION OF TOTAL SPENDING
(ABOVE) THAT ADDRESSES SECTION 208 OF THE ACT: GRANTS FOR RESOURCE
RECOVERY SYSTEMS.
TABLE OMITTED
THE TABLE BELOW INDICATES EPA'S USE OF FUNDS OVER THE PAST TWO YEARS.
THESE ARE ALLOCATIONS OF FUNDS AT THE APPROPRIATIONS LEVEL.
TABLE OMITTED
AIR POLLUTION BY WAY OF SUBLIMATION -- AIR POLLUTION GENERATED BY THE
DIRECT CONVERSION OF A SOLID MATERIAL INTO A GASEOUS POLLUTANT.
AQUIFER -- A GEOLOGIC FORMATION, GROUP OF FORMATIONS, OR PART OF A
FORMATION THAT IS CAPABLE OF YIELDING A SIGNIFICANT AMOUNT OF WATER TO A
WELL OR SPRING, A WATER-BEARING STRATUM OF PERMEABLE ROCK, SAND OR
GRAVEL.
BALANCE OF PAYMENTS -- SUMMARY OF THE INTERNATIONAL TRANSACTIONS OF A
COUNTRY OVER A PERIOD OF TIME, INCLUDING COMMODITY AND SERVICE
TRANSACTIONS, CAPITAL TRANSACTIONS, AND GOLD MOVEMENTS.
BRITISH THERMAL UNIT (BTU) -- QUANTITY OF HEAT REQUIRED TO RAISE THE
TEMPERATURE OF ONE POUND OF WATER ONE DEGREE FAHRENHEIT AT OR NEAR 39.2
DEGREES F.
COST DEPLETION ALLOWANCE -- PROVIDES FOR THE RECOVERY OF THE
INVESTMENT REQUIRED TO EXPLOIT A MINERAL DEPOSIT. A PERCENTAGE OF THE
COSTS ACQUIRING A DEPOSIT CAN BE DEDUCTED EQUAL TO THE PERCENTAGE OF
MINERAL DEPOSIT EXTRACTED FOR THAT YEAR.
CULLET -- BROKEN OR REFUSE GLASS, USUALLY ADDED TO NEW MATERIAL TO
FACILITATE MELTING IN MAKING GLASS.
DISCARDED MATERIALS -- ANY GARBAGE, REFUSE, WASTE TREATMENT PLANT
SLUDGE, 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 MATERIALS IN
DOMESTIC SEWAGE OR DISSOLVED MATERIALS IN IRRIGATION RETURN FLOWS OR
INDUSTRIAL DISCHARGES WHICH ARE POINT SOURCES SUBJECT TO THE FEDERAL
WATER POLLUTION CONTROL ACT, OR SOURCE, SPECIAL NUCLEAR, OR BY PRODUCT
MATIERAL AS DEFINED BY THE ATOMIC ENERGY ACT OF 1954.
"DRY" TON -- WEIGHT MEASUREMENT AFTER MOISTURE CONTENT OF DISCARDED
MATERIAL HAS BEEN REMOVED.
ENERGY RECOVERY -- THE RECOVERY OF ENERGY VALUES, EITHER DIRECTLY BY
BURNING COMBUSTIBLE DISCARDED MATERIALS IN A BOILER TO PRODUCE STEAM OR
HOT WATER, OR INDIRECTLY BY FIRST PROCESSING THE ORGANIC FRACTION OF THE
DISCARDED MATERIALS TO PRODUCE A SOLID, LIQUID OR GASEOUS FUEL.
FERROUS -- OF OR RELATING TO, OR CONTAINING IRON, E.G., IRON, STEEL
AND RELATED ALLOYS.
FOSSIL FUEL -- A MATERIAL USED TO PRODUCE HEAT OR POWER BY BURNING,
ULTIMATELY DERIVED FROM LIVING THINGS, E.G. COAL, OIL AND NATURAL GAS.
GROSS NATIONAL PRODUCT -- THE TOTAL VALUE OF THE GOODS AND SERVICES
PRODUCED IN A NATION DURING A SPECIFIED PERIOD (AS A YEAR).
GROUND WATER -- WATER WITHIN THE EARTH THAT SUPPLIES WELLS AND
SPRINGS.
LEACHATE -- THE LIQUID THAT HAS PERCOLATED THROUGH THE SOIL, SOLID
WASTE, OR OTHER MEDIUM, FROM WHICH IT REMOVES SOLUBLE COMPONENTS.
MATERIALS CONVERSION -- THE UTILIZATION FOR AN ECONOMICALLY VALUED
PURPOSE OTHER THAN THAT FOR WHICH THE MATERIAL WAS ORIGINALLY USED, E.G.
RECOVERED GLASS OR CULLET AS A BUILDING OR ROAD CONSTRUCTION AGGREGATE.
MATERIALS RECOVERY -- THE RECOVERY OF SPECIFIC REPROCESSED SECONDARY
MATERIALS FROM DISCARDED MATERIALS, WHICH INCLUDES BOTH DIRECT RECYCLING
AND MATERIALS CONVERSION.
METHANE PRODUCTION -- METHANE AND CARBON DIOXIDE ARE PRODUCED WHEN
DISCARDED MATERIALS DECOMPOSE IN AN ANAEROBIC (OXYGEN-FREE) ENVIRONMENT.
OPEN DUMP -- AREA WHERE REFUSE OR OTHER DISCARDED MATERIALS ARE
DISPOSED OF, IN AN OPEN AIR FASHION, UNCOVERED AND UNENCLOSED.
ORDNANCE -- MILITARY SUPPLIES INCLUDING WEAPONS, AMMUNITION, COMBAT
VEHICLES AND MAINTENANCE EQUIPMENT.
PPM -- INDEX OF CONCENTRATION OF A POLLUTANT OR ADDITIVE EXPRESSED IN
PARTS PER MILLION, GENERALLY ON A WEIGHT BASIS.
ORGANIC -- OF OR RELATED TO OR DERIVED FROM LIVING ORGANISMS.
PERCENTAGE DEPLETION ALLOWANCE -- TAKING A FIXED PERCENTAGE OF THE
GROSS INCOME GENERATED BY THE PROPERTY IN QUESTION.
POST-CONSUMER DISCARDED MATERIALS -- THOSE MATERIALS DISCARDED BY THE
FINAL CONSUMER, NOT BY RAW MATERIAL PRODUCERS AND MANUFACTURERS. THESE
INCLUDE BOTH BULKY AND NON-BULKY WASTES TYPICALLY COLLECTED IN HOUSEHOLD
REFUSE, AS WELL AS SIMILAR MATERIALS FROM COMMERICAL AND GOVERNMENTAL
OFFICE BUILDINGS, WHOLESALE AND RETAIL TRADE ESTABLISHMENTS, AND OTHER
GENERAL BUSINESS AND SERVICE SECTORS OF THE ECONOMY.
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PYROLYSIS -- THERMAL DECOMPOSITION OF MATERIALS IN THE ABSENCE OR
NEAR-ABSENCE OF OXYGEN. THIS PROCESS RESULTS IN: (1) A GAS CONSISTING
PRIMARILY OF HYDROGEN, METHANE, AND CARBON MONOXIDE; (2) A LIQUID FUEL
THAT INCLUDES ORGANIC CHEMICALS; AND (3) A CHAR CONSISTING OF ALMOST
PURE CARBON, PLUS ANY METAL, GLASS OR ROCK THAT MAY HAVE BEEN PROCESSED.
RECYCLING -- I.E., DIRECT RECYCLING, THE RECOVERY OF A MATERIAL FOR
AN ECONOMICALLY VALUED PURPOSE SIMILAR TO THAT FOR WHICH THE MATERIAL
WAS ORIGINALLY USED, E.G., NEW PAPER PRODUCTS FROM WASTEPAPER.
RESOURCE RECOVERY -- A GENERAL TERM ENCOMPASSING A WIDE VARIETY OF
TECHNICAL APPROACHES FOR RETRIEVING OR CREATING ECONOMIC VALUES FROM
DISCARDED MATERIALS. THIS INCLUDES MATERIALS RECOVERY, ENERGY RECOVERY
AND MATERIALS CONVERSION.
RUNOFF -- THE PORTION OF THE PRECIPITATION ON THE LAND THAT
ULTIMATELY REACHES STREAMS, ESPECIALLY THE WATER FROM RAIN OR MELTED
SNOW THAT FLOWS OVER THE SURFACE.
SANITARY LANDFILL -- ENGINEERED METHOD OF DISPOSING OF DISCARDED
MATERIALS IN A MANNER THAT MINIMIZES ENVIRONMENTAL HAZARDS AND
NUISANCES. AFTER A SITE IS CAREFULLY SELECTED, DESIGNED AND PREPARED,
THE DISCARDED MATERIALS ARE SPREAD IN THIN LAYERS, COMPACTED TO THE
SMALLEST PRACTICAL VOLUME, AND, AT LEAST AT THE END OF EACH OPERATING
DAY, COVERED WITH COMPACTED EARTH.
SLUDGE -- A MUDDY OR SLUSHY MASS, DEPOSIT OR SEDIMENT AS PRECIPITATED
SOLID MATTER PRODUCED BY WATER AND SEWAGE TREATMENT PROCESSES.
SOURCE REDUCTION (OR "WASTE REDUCTION") -- THE PREVENTION OF
DISCARDED MATERIALS AT THEIR SOURCE, EITHER BY REDESIGNING PRODUCTS OR
BY OTHERWISE CHANGING SOCIETAL PATTERNS OF CONSUMPTION AND GENERATION OF
DISCARDED MATERIALS.
SOURCE SEPARATION -- SEGREGATION OF DISCARDED MATERIALS AT THE POINT
OF DISCARD FOR CONCENTRATED COLLECTION.
STANDARD METROPOLITAN STATISTICAL AREA (SMSA) -- A REPORTING UNIT
DEFINED BY THE BUREAU OF CENSUS, USED TO AGGREGATE AND REPORT DOMESTIC
SOCIO-ECONOMIC DATA.
SURFACE WATERS -- THAT PORTION OF WATER THAT APPEARS ON THE LAND
SURFACE, INCLUDING OCEANS, LAKES, AND RIVERS.
TOXIC CHEMICAL -- A POISONOUS SUBSTANCE OBTAINED BY A CHEMICAL
PROCESS.
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.
WASTE-WATER EFFLUENT -- A WASTE LIQUID DISCHARGE FROM A MANUFACTURING
OR TREATMENT PROCESS, IN ITS NATURAL STATE, OR PARTIALLY OR COMPLETELY
TREATED, THAT DISCHARGES INTO THE ENVIRONMENT.
WATERWALL INCINERATOR -- FURNACE WALLS CONSISTING OF VERTICALLY
ARRANGED METAL TUBES JOINED SIDE-TO-SIDE WITH METAL BRACES. RADIANT
ENERGY FROM THE BURNING BOILER PACKAGES, LOCATED IN THE FLUE, CONTROL
THE CONVERSION OF THIS WATER TO STEAM OF A SPECIFIED TEMPERATURE AND
PRESSURE.
"WET" TON -- OR "AS GENERATED" TON, ASSUMES TYPICAL MOISTURE CONTENT
OF THE MATERIAL PRIOR TO DISCARD OR COLLECTION.
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
PUBLIC LAW 94-580
S. 2150
94TH CONGRESS
761021
PART 001 OF 47
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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.
SECTION 1. THIS ACT MAY BE CITED AS THE "RESOURCE CONSERVATION AND
RECOVERY ACT OF 1976".
SEC. 2. THE SOLID WASTE DISPOSAL ACT (42 U.S.C. 3251 AND FOLLOWING)
IS AMENDED TO READ AS FOLLOWS:
"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':
TABLE OF CONTENTS OMITTED
RESOURCE CONSERVATION AND RECOVERY ACT OF 1976
PUBLIC LAW 94-580
S. 2150
94TH CONGRESS
761021
PART 002 OF 47
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TABLE OF CONTENTS OMITTED
"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 EVER-MOUNTING INCREASE, AND IN A CHANGE IN THE
CHARACTERISTICS, OF THE MASS MATERIAL DISCARDED BY THE PURCHASE OF SUCH
PRODUCTS;
"(2) THAT THE ECONOMIC AND POPULATION GROWTH OF OUR NATION. AND THE
IMPROVEMENTS IN THE STANDARD 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, AND
AGRICULTURAL OPERATIONS, HAVE RESULTED IN A RISING TIDE OF SCRAP,
DISCARDED, AND WASTE MATERIALS;
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/1/ 42 USC 1857
/2/ 33 USC 1151
"(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 SHOULD
CONTINUE TO BE PRIMARILY THE FUNCTION OF STATE, REGIONAL, AND LOCAL
AGENCIES, THE PROBLEMS OF WASTE DISPOSAL AS SET FORTH ABOVE HAVE BECOME
A MATTER NATIONAL IN SCOPE AND IN CONCERN AND NECESSITATE FEDERAL ACTION
THROUGH FINANCIAL AND TECHNICAL ASSISTANCE AND LEADERSHIP IN THE
DEVELOPMENT, DEMONSTRATION, AND APPLICATION OF NEW AND IMPROVED METHODS
AND PROCESSES TO REDUCE THE AMOUNT OF WASTE AND UNSALVAGEABLE MATERIALS
AND TO PROVIDE FOR PROPER AND ECONOMICAL SOLID-WASTE DISPOSAL PRACTICES.
"(B) ENVIRONMENT AND HEALTH. -- THE CONGRESS FINDS WITH RESPECT TO
THE ENVIRONMENT AND HEALTH, THAT --
"(1) ALTHOUGH LAND IS TOO VALUABLE A NATIONAL RESOURCE TO BE
NEEDLESSLY POLLUTED BY DISCARDED MATERIALS, MOST SOLID WASTE IS DISPOSED
OF ON LAND IN OPEN DUMPS AND SANITARY LANDFILLS;
"(2) DISPOSAL OF SOLID WASTE AND HAZARDOUS WASTE IN OR ON THE LAND
WITHOUT CAREFUL PLANNING AND MANAGEMENT CAN PRESENT A DANGER TO HUMAN
HEALTH AND THE ENVIRONMENT;
"(3) AS A RESULT OF THE CLEAN AIR ACT, THE WATER POLLUTION CONTROL
/1/ ACT, AND OTHER FEDERAL AND STATE LAWS RESPECTING PUBLIC HEALTH AND
THE ENVIRONMENT, GREATER AMOUNTS OF SOLID WASTE (IN /2/ THE FORM OF
SLUDGE AND OTHER POLLUTION TREATMENT RESIDUES) HAVE BEEN CREATED.
SIMILARLY, INADEQUATE AND ENVIRONMENTALLY UNSOUND PRACTICES FOR THE
DISPOSAL OR USE OF SOLID WASTE HAVE CREATED GREATER AMOUNTS OF AIR AND
WATER POLLUTION AND OTHER PROBLEMS FOR THE ENVIRONMENT AND 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 NON-HAZARDOUS SOLID WASTE; AND
"(6) ALTERNATIVES TO EXISTING METHODS OF LAND DISPOSAL MUST BE
DEVELOPED SINCE MANY OF THE CITIES IN THE UNITED STATES WILL BE RUNNING
OUR OF SUITABLE SOLID WASTE DISPOSAL SITES WITHIN FIVE YEARS UNLESS
IMMEDIATE ACTION IS TAKEN.
"(C) MATERIALS. -- THE CONGRESS FINDS WITH RESPECT TO MATERIALS, THAT
--
"(1) MILLIONS OF TONS OF RECOVERABLE MATERIAL WHICH COULD BE USED ARE
NEEDLESSLY BURIED EACH YEAR;
"(2) METHODS ARE AVAILABLE TO SEPARATE USABLE MATERIALS FROM SOLID
WASTE; AND
"(3) THE RECOVERY AND CONSERVATION OF SUCH MATERIALS CAN REDUCE THE
DEPENDENCE OF THE UNITED STATES ON FOREIGN RESOURCES AND REDUCE THE
DEFICIT IN ITS BALANCE OF PAYMENTS.
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"(D) ENERGY. -- THE CONGRESS FINDS WITH RESPECT TO ENERGY, THAT --
"(1) SOLID WASTE REPRESENTS A POTENTIAL SOURCE OF SOLID FUEL, OIL, OR
GAS THAT CAN BE CONVERTED INTO ENERGY;
"(2) THE NEED EXISTS TO DEVELOP ALTERNATIVE ENERGY SOURCES FOR PUBLIC
AND PRIVATE CONSUMPTION IN ORDER TO REDUCE OUR DEPENDENCE ON SUCH
SOURCES AS PETROLEUM PRODUCTS, NATURAL GAS, NUCLEAR AND HYDROELECTRIC
GENERATION; AND
"(3) TECHNOLOGY EXISTS TO PRODUCE USABLE ENERGY FROM SOLID WASTE.
"SEC. 1003. THE OBJECTIVES OF THIS ACT ARE TO PROMOTE THE PROTECTION
OF HEALTH AND THE ENVIRONMENT AND TO CONSERVE VALUABLE MATERIAL AND
ENERGY RESOURCES BY --
"(1) PROVIDING TECHNICAL AND FINANCIAL ASSISTANCE TO STATE AND LOCAL
GOVERNMENTS AND INTERSTATE AGENCIES FOR THE DEVELOPMENT OF SOLID WASTE
MANAGEMENT PLANS (INCLUDING RESOURCE RECOVERY AND RESOURCE CONSERVATION
SYSTEMS) WHICH WILL PROMOTE IMPROVED SOLID WASTE MANAGEMENT TECHNIQUES
(INCLUDING MORE EFFECTIVE 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 FOR 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
ENVIRONMENT;
"(5) PROVIDING FOR THE PROMULGATION OF GUIDELINES FOR SOLID WASTE
COLLECTION, TRANSPORT, SEPARATION, RECOVERY, AND DISPOSAL PRACTICES AND
SYSTEMS;
"(6) PROMOTING A NATIONAL RESEARCH AND DEVELOPMENT PROGRAM FOR
IMPROVED SOLID WASTE MANAGEMENT AND RESOURCE CONSERVATION TECHNIQUES,
MORE EFFECTIVE ORGANIZATIONAL ARRANGEMENTS, AND NEW AND IMPROVED METHODS
OF COLLECTION, SEPARATION, AND RECOVERY, AND RECYCLING OF SOLID WASTES
AND ENVIRONMENTALLY SAFE DISPOSAL OF NONRECOVERABLE RESIDUES;
"(7) PROMOTING THE DEMONSTRATION, CONSTRUCTION, AND APPLICATION OF
SOLID WASTE MANAGEMENT, RESOURCE RECOVERY, AND RESOURCE CONSERVATION
SYSTEMS WHICH PRESERVE AND ENHANCE THE QUALITY OF AIR, WATER, AND LAND
RESOURCES; AND
"(8) ESTABLISHING A COOPERATIVE EFFORT AMONG THE FEDERAL, STATE, AND
LOCAL GOVERNMENTS AND PRIVATE ENTERPRISE IN ORDER TO RECOVER VALUABLE
MATERIALS AND ENERGY FROM SOLID WASTE.
"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 THE
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, MODERNIZATION OR EXTENDED PART OF EXISTING
STRUCTURES (INCLUDING TRUCKS AND OTHER MOTOR VEHICLES, AND TRACTORS,
CRANES, AND OTHER MACHINERY) NECESSARY FOR THE PROPER UTILIZATION AND
OPERATION OF THE FACILITY AFTER COMPLETION OF THE PROJECT; AND INCLUDES
PRELIMINARY PLANNING TO 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.
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"(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 INTO 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, AND 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 OR PROCESS
OF PRODUCING HAZARDOUS WASTE.
"(7) THE TERM 'HAZARDOUS WASTE MANAGEMENT' MEANS THE SYSTEMATIC
CONTROL OF THE COLLECTION, SOURCE SEPARATION, STORAGE, TRANSPORTATION,
PROCESSING, TREATMENT, RECOVERY, AND DISPOSAL OF HAZARDOUS WASTES.
"(8) FOR PURPOSES OF FEDERAL FINANCIAL ASSISTANCE (OTHER THAN RURAL
COMMUNITIES ASSISTANCE), THE TERM 'IMPLEMENTATION' DOES NOT INCLUDE THE
ACQUISITION, LEASING, CONSTRUCTION, OR MODIFICATION OF FACILITIES OR
EQUIPMENT OR THE ACQUISITION, LEASING, OR IMPROVEMENT OF LAND AND /1/
AFTER DECEMBER 31, 1979, SUCH TERM DOES NOT INCLUDE SALARIES OF /1/
EMPLOYEES DUE PURSUANT TO SUBTITLE D OF THIS ACT.
"(9) THE TERM 'INTERMUNICIPAL AGENCY' MEANS AN AGENCY ESTABLISHED BY
TWO OR MORE MUNICIPALITIES WITH RESPONSIBILITY FOR PLANNING OR
ADMINISTRATION OF SOLID WASTE.
"(10) THE TERM 'INTERSTATE AGENCY' MEANS AN AGENCY OF TWO OR MORE
MUNICIPALITIES IN DIFFERENT STATES, OR AN AGENCY ESTABLISHED BY TWO OR
MORE STATES, WITH AUTHORITY TO PROVIDE FOR THE DISPOSAL OF SOLID WASTES
AND SERVING TWO OR MORE MUNICIPALITIES LOCATED IN DIFFERENT STATES.
"(11) THE TERM 'LONG-TERM CONTRACT' MEANS, WHEN USED IN RELATION TO
SOLID WASTE SUPPLY, A CONTRACT OF SUFFICIENT DURATION TO ASSURE THE
VIABILITY OF A RESOURCE RECOVERY FACILITY (TO THE EXTENT THAT SUCH
VIABILITY DEPENDS UPON SOLID WASTE SUPPLY).
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"(12) 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.
"(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 ALASKA NATIVE VILLAGE OR ORGANIZATION, AND (B) INCLUDES
ANY RURAL COMMUNITY OR UNINCORPORATED TOWN OR VILLAGE OR ANY OTHER
PUBLIC ENTITY FOR WHICH AN APPLICATION FOR ASSISTANCE IS MADE BY A STATE
OR POLITICAL SUBDIVISION THEREOF.
"(14) THE TERM 'OPEN DUMP' MEANS A SITE FOR THE DISPOSAL OF SOLID
WASTE WHICH IS NOT A SANITARY LANDFILL WITHIN THE MEANING OF SECTION
4004.
"(15) THE TERM 'PERSON' MEANS AN INDIVIDUAL, TRUST, FIRM, JOINT STOCK
COMPANY, CORPORATION (INCLUDING A GOVERNMENT CORPORATION), 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 ANY SUCH AGENCY WITH RESPECT TO WORK PERFORMED UNDER
SUCH CONTRACT.
"(18) THE TERM 'RECOVERABLE' REFERS TO THE CAPABILITY AND LIKELIHOOD
OF BEING RECOVERED FROM SOLID WASTE FOR A COMMERCIAL OR INDUSTRIAL USE.
"(19) THE TERM 'RECOVERED MATERIAL' MEANS MATERIAL WHICH HAS BEEN
COLLECTED OR RECOVERED FROM SOLID WASTE.
"(20) THE TERM 'RECOVERED RESOURCES' 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 AUTHORITY' MEANS THE AUTHORITY ESTABLISHED
OR DESIGNATED UNDER SECTION 4006. /1/
"(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 WASTEWATER
TREATMENT PLANT, WATER SUPPLY TREATMENT PLANT, OR AIR POLLUTION CONTROL
FACILITY OR ANY OTHER SUCH WASTE HAVING SIMILAR CHARACTERISTICS AND
EFFECTS.
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/1/ 33 USC 1342.
/2/ 42 USC 2011
/3/ POST, P. 2817.
"(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 THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED (86
STAT. 880), OR SOURCE, SPECIAL NUCLEAR, OR BYPRODUCT MATERIAL /1/ AS
DEFINED BY THE ATOMIC ENERGY ACT OF 1951, AS AMENDED (68 STAT. 923).
/2/
"(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 NORTHERN MARIANA ISLANDS.
"(32) THE TERM 'STATE AUTHORITY' MEANS THE AGENCY ESTABLISHED OR
DESIGNATED UNDER SECTION 4007. /3/
"(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.
"(33) 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,
AMENABLE FOR RECOVERY, AMENABLE FOR STORAGE, OR REDUCED IN VOLUME. SUCH
TERM INCLUDES ANY ACTIVITY OR PROCESSING DESIGNED TO CHANGE THE PHYSICAL
FORM OR CHEMICAL COMPOSITION OF HAZARDOUS WASTE SO AS TO RENDER IT
NONHAZARDOUS.
"(35) THE TERM 'VIRGIN MATERIAL' MEANS A RAW MATERIAL, INCLUDING
PREVIOUSLY UNUSED COPPER, ALUMINUM, LEAD, ZINC, IRON, OR OTHER METAL OR
METAL ORE, ANY UNDEVELOPED RESOURCE THAT IS, OR WITH NEW TECHNOLOGY WILL
BECOME, A SOURCE OF RAW MATERIALS.
"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.
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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.
"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 1951 (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.
"SEC. 1007. (A) STATEMENT. -- 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
FE0RUARY 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.
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/1/ REPORT TO CONGRESS.
/2/ 33 USC 1151
/3/ 42 USC. 1857
/4/ MINIMUM CRITERIA OF MANAGEMENT PRACTICES.
"(B) ACTION BY ADMINISTRATOR. -- THE ADMINISTRATOR SHALL --
"(1) ACT WITHIN NINETY DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT
--
"(A) TO DEFINE THE TERN 'KNOWN FINANCIAL INTEREST' FOR PURPOSES OF
THIS 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
"(2) REPORT TO THE /1/ 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) EXEMPTION. -- IN THE RULES PRESCRIBED UNDER SUBSECTION (B) OF
THIS SECTION, THE ADMINISTRATOR MAY IDENTIFY SPECIFIC POSITIONS WITHIN
THE ENVIRONMENTAL PROTECTION AGENCY WHICH ARE OF A NONPOLICY MAKING
NATURE AND PROVIDE THAT OFFICERS OR EMPLOYEES OCCUPYING SUCH POSITIONS
SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.
"(D) PENALTY. -- ANY OFFICER OR EMPLOYEE WHO IS SUBJECT TO, AND
KNOWLINGLY VIOLATES THIS SECTION SHALL BE FINED NOT MORE THAN $2,500 OR
IMPRISONED NOT MORE THAN ONE YEAR, OR BOTH.
"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 /2/ 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 /3/ VECTOR CONTROL; (F) SAFETY; AND (G) ESTHETICS; AND
"(3) PROVIDE MINIMUM CRITERIA TO BE USED BY THE STATES /4/ 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 FORUSE 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.
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/1/ NOTIFICATION TO CONGRESSIONAL COMMITTEES.
/1/ "(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.
OF THE ADMINISTRATOR
"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 APPLICATLE REORGANIZATION PLANS) SHALL BE CARRIED OUT
THROUGH THE OFFICE.
"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, 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.
"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.
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"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 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 PURCHASERS
INTERESTED IN MAKING AN APPLICATION BEFORE APPROVING A GRANT TO A PUBLIC
BODY.
"(B) AUTHORIZATION. -- THERE IS AUTHORIZED TO BE APPROPRIATED
$750,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS
SECTION.
"SEC. 2005. THE ADMINISTRATOR SHALL TRANSMIT TO THE CONGRESS AND THE
PRESIDENT, NOT LATER THAN NINETY DAYS AFTER THE END OF EACH FISCAL YEAR,
A COMPREHENSIVE AND DETAILED REPORT ON ALL ACTIVITIES OF THE OFFICE
DURING THE PRECEDING FISCAL YEAR. EACH SUCH REPORT SHALL INCLUDE --
"(1) A STATEMENT OF SPECIFIC AND DETAIL OBJECTIVES FOR THE 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 PURPOSES 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 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
PURSUANT TO ANY OTHER PROVISION OF THIS ACT; AND
"(6) THE ADMINISTRATOR'S PLANS FOR ACTIVITIES AND PROGRAMS RESPECTING
SOLID WASTE DURING THE NEXT FISCAL YEAR.
SEC. 2006. (A) GENERAL ADMINISTRATION. -- THERE ARE AUTHORIZED TO BE
APPROPRIATED TO THE ADMINISTRATOR FOR THE PURPOSE OF CARRYING OUT THE
PROVISIONS OF THIS ACT, $35,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 1977, $38,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978, AND
$42,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979.
"(B) RESOURCE RECOVERY AND CONSERVATION PANELS. -- NOT LESS THAN 20
PERCENT OF THE AMOUNT APPROPRIATED UNDER SUBSECTION (A) SHALL BE USED
ONLY FOR PURPOSES OF RESOURCE RECOVERY AND CONSERVATION PANELS
ESTABLISHED UNDER SECTION 2003 (INCLUDING TRAVEL EXPENSES INCURRED BY
SUCH PANELS IN CARRYING OUT THEIR FUNCTIONS UNDER THIS ACT).
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/1/ INFRA
/2/ ANTE, P. 2799.
"(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) OTHER
THAN SECTION 3011. /1/
"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 WASTES, AND FOR LISTING HAZARDOUS WASTES, WHICH SHOULD BE
SUBJECT TO THE PROVISIONS OF THIS SUBTITLE, TAKING INTO ACCOUNT
TOXICITY, PERSISTENCE, AND DEGRADABILITY IN NATURE, POTENTIAL FOR
ACCUMULATION IN TISSUE, AND OTHER RELATED FACTORS SUCH AS FLAMMABILITY,
CORROSIVENESS, AND OTHER HAZARDOUS CHARACTERISTICS. 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 SECTION, 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(5)), /2/ 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 CONSIDERATIONS.
"SEC. 3002. NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF THE
ENACTMENT OF THIS SECTION, AND AFTER SUCH 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;
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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 SUBTITLE; AND
"(6) SUBMISSION OF REPORTS TO THE ADMINISTRATOR (OR THE STATE AGENCY
IN ANY CASE IN WHICH SUCH AGENCY CARRIES OUT AN AUTHORIZED PERMIT
PROGRAM PURSUANT TO THIS SUBTITLE AT SUCH TIMES AS THE ADMINISTRATOR (OR
THE STATE AGENCY IF APPROPRIATE) DEEMS NECESSARY, SETTING OUT --
"(A) THE QUANTITIES OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER
THIS SUBTITLE THAT HE HAS GENERATED DURING A PARTICULAR TIME PERIOD;
AND
"(B) THE DISPOSITION OF ALL HAZARDOUS WASTE REPORTED UNDER
SUBPARAGRAPH (A).
"SEC. 3003. (A) STANDARDS. -- NOT LATER THAN EIGHTEEN MONTHS AFTER
THE DATE OF ENACTMENT OF THIS SECTION, AND AFTER OPPORTUNITY FOR PUBLIC
HEARINGS, THE ADMINISTRATOR, AFTER CONSULTATION WITH THE SECRETARY OF
TRANSPORTATION AND THE STATES, SHALL PROMULGATE REGULATIONS ESTABLISHING
SUCH STANDARDS, APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE IDENTIFIED
OR LISTED UNDER THIS SUBTITLE, AS MAY BE NECESSARY TO PROTECT HUMAN
HEALTH AND THE ENVIRONMENT. SUCH STANDARDS SHALL INCLUDE BUT NEED NOT
BE LIMITED TO REQUIREMENTS RESPECTING --
"(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
THE HAZARDOUS WASTE TRANSPORTATION ACT AND FOR ADDITION OF MATERIALS TO
BE COVERED BY SUCH ACT.
"SEC. 3004. NO 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.
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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 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 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
SERVICES WHERE SUCH ENTITY CAN PROVIDE ASSURANCES OF FINANCIAL
RESPONSIBILITY AND CONTINUITY OF OPERATION CONSISTENT WITH THE DEGREE
AND DURATION OF RISKS ASSOCIATED WITH THE TREATMENT, STORAGE, OR
DISPOSAL OF SPECIFIED HAZARDOUS WASTE.
"SEC. 3005. (A) PERMIT REQUIREMENTS. -- NOT LATER THAN EIGHTEEN
MONTHS AFTER THE DATE OF 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 COMPOSITION, QUANTITIES, AND
CONCENTRATIONS OF ANY HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS
SUBTITLE, OR COMBINATIONS OF ANY SUCH HAZARDOUS WASTE AND ANY OTHER
SOLID WASTE, PROPOSED TO BE DISPOSED OF, TREATED, 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.
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"(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 MODIFICATIONS.
"(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.
"(E) INTERIM STATUS. -- ANY PERSON WHO --
"(1) OWNS OR OPERATES A FACILITY REQUIRED TO HAVE A PERMIT UNDER THIS
SECTION WHICH FACILITY IS IN EXISTENCE ON 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 FINAL ADMINISTRATIVE
DISPOSITION OF SUCH APPLICATION HAS NOT BEEN MADE BECAUSE OF THE FAILURE
OF THE APPLICANT TO FURNISH INFORMATION REASONABLY REQUIRED OR REQUESTED
IN ORDER TO PROCESS THE APPLICATION.
"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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"(C) INTERIM AUTHORIZATION. -- ANY STATE WHICH HAS IN EXISTENCE A
HAZARDOUS WASTE PROGRAM PURSUANT TO STATE LAW BEFORE THE DATE NINETY
DAYS AFTER THE DATE REQUIRED FOR PROMULGATION OF REGULATIONS UNDER
SECTIONS 3002, 3003, 3004, AND 3005, SUBMIT TO THE ADMINISTRATOR
EVIDENCE OF SUCH EXISTING PROGRAM AND MAY REQUEST A TEMPORARY
AUTHORIZATION TO CARRY OUT SUCH PROGRAM UNDER THIS SUBTITLE. THE
ADMINISTRATOR SHALL, IF THE EVIDENCE SUBMITTED SHOWS THE EXISTING STATE
PROGRAM TO BE SUBSTANTIALLY EQUIVALENT TO THE FEDERAL PROGRAM UNDER THIS
SUBTITLE, GRANT AN INTERIM AUTHORIZATION TO THE STATE TO CARRY OUT SUCH
PROGRAM IN LIEU OF THE FEDERAL PROGRAM PURSUANT TO THIS SUBTITLE FOR A
TWENTY-FOUR MONTH PERIOD BEGINNING ON THE DATE SIX MONTHS AFTER THE DATE
REQUIRED FOR PROMULGATION OF REGULATIONS UNDER SECTIONS 3002 THROUGH
3005.
"(D) EFFECT OF STATE PERMIT. -- ANY ACTION TAKEN BY A STATE UNDER A
HAZARDOUS WASTE PROGRAM AUTHORIZED UNDER THIS SECTION SHALL HAVE THE
SAME FORCE AND EFFECT AS ACTION TAKEN BY THE ADMINISTRATOR UNDER THIS
SUBTITLE.
"(E) WITHDRAWAL OF 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.
"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 WASTE 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.
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"(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 CODES, 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, EXCEPT THAT SUCH RECORD, REPORT, DOCUMENT, OR INFORMATION MAY
BE DISCLOSED TO OTHER OFFICERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES
OF THE UNITED STATES CONCERNED WITH CARRYING OUT THIS ACT, OR WHEN
RELEVANT IN ANY PROCEEDING UNDER THIS ACT.
"SEC. 3008. (A) COMPLIANCE ORDERS. -- (1) EXCEPT AS PROVIDED IN
PARAGRAPH (2), WHENEVER ON THE BASIS OF ANY INFORMATION THE
ADMINISTRATOR DETERMINES THAT ANY PERSON IS IN VIOLATION OF ANY
REQUIREMENT OF THIS SUBTITLE, THE ADMINISTRATOR SHALL GIVE NOTICE TO THE
VIOLATOR OF THIS 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 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.
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"(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
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 PER DAY OF VIOLATION, OR BY IMPRISONMENT
FOR NOT MORE THAN TWO YEARS, OR BY BOTH.
"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.
"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 SUBSTANCES 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).
SEC. 3011. (A) AUTHORIZATION. -- THERE IS AUTHORIZED TO BE
APPROPRIATED $25,000,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO
BE USED TO MAKE GRANTS TO THE STATES FOR PURPOSES OF ASSISTING THE
STATES IN THE DEVELOPMENT AND IMPLEMENTATION OF AUTHORIZED STATE
HAZARDOUS WASTE PROGRAMS.
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"(B) ALLOCATION. -- AMOUNTS AUTHORIZED TO BE APPROPRIATED UNDER
SUBSECTION (A) SHALL BE ALLOCATED AMONG THE STATES ON THE BASIS OF
REGULATIONS PROMULGATED BY THE ADMINISTRATOR, AFTER CONSULTATION WITH
THE STATES, WHICH TAKE INTO ACCOUNT, THE EXTENT TO WHICH HAZARDOUS WASTE
IS GENERATED, TRANSPORTED, TREATED, STORED, AND DISPOSED OF WITHIN SUCH
STATE, THE EXTENT OF EXPOSURE OF HUMAN BEINGS AND THE ENVIRONMENT WITHIN
SUCH STATE TO SUCH WASTE, AND SUCH OTHER FACTORS AS THE ADMINISTRATOR
DEEMS APPROPRIATE.
"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.
"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 SOLID WASTE
MANAGEMENT SERVICES. SUCH GUIDELINES SHALL CONSIDER
"(1) THE SIZE AND LOCATION OF AREAS WHICH SHOULD BE INCLUDED,
"(2) THE VOLUME OF SOLID WASTE WHICH SHOULD BE INCLUDED, AND
"(3) THE AVAILABLE MEANS OF COORDINATING REGIONAL PLANNING WITH OTHER
RELATED REGIONAL PLANNING AND FOR COORDINATION OF SUCH REGIONAL PLANNING
INTO THE STATE PLAN.
"(B) GUIDELINES FOR STATE PLANS. -- NOT LATER THAN EIGHTEEN MONTHS
AFTER THE DATE OF ENACTMENT OF THIS SECTION AND AFTER NOTICE AND
HEARING, THE ADMINISTRATOR SHALL, AFTER CONSULTATION WITH APPROPRIATE
FEDERAL, STATE, AND LOCAL AUTHORITIES, PROMULGATE REGULATIONS CONTAINING
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.
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"(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 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 ADDITIONAL MARKETS FOR RECOVERED MATERIAL.
"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.
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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 PROVIDE THAT A FACILITY MAY BE CLASSIFIED AS A SANITARY
LANDFILL AND NOT AN OPEN DUMP ONLY IF THERE IS NO REASONABLE PROBABILITY
OF ADVERSE EFFECTS ON HEALTH OR THE ENVIRONMENT FROM DISPOSAL OF SOLID
WASTE AT SUCH FACILITY. SUCH REGULATIONS MAY PROVIDE FOR THE
CLASSIFICATION OF THE TYPES OF SANITARY LANDFILLS.
"(B) DISPOSAL REQUIRED TO BE IN SANITARY LANDFILLS, ETC. -- FOR
PURPOSES OF COMPLYING WITH SECTION 4003(2) EACH STATE PLAN SHALL
PROHIBIT THE ESTABLISHMENT OF OPEN DUMPS AND CONTAIN A REQUIREMENT THAT
DISPOSAL OF ALL SOLID WASTE WITHIN THE STATE SHALL BE IN COMPLIANCE WITH
SUCH SECTION 4003(2).
"(C) 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.
"SEC. 4005. (A) OPEN DUMPS. -- FOR PURPOSES OF THIS ACT, THE TERM
'OPEN DUMP' MEANS ANY FACILITY OR STATE 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 OR HAZARDOUS WASTE IS
PROHIBITED, EXCEPT IN THE CASE OF ANY PRACTICE OR DISPOSAL OF SOLID
WASTE UNDER A TIMETABLE OR SCHEDULE FOR COMPLIANCE ESTABLISHED UNDER
THIS SECTION. FOR PURPOSES OF COMPLYING WITH SECTION 4003(2), EACH
STATE PLAN SHALL CONTAIN A REQUIREMENT THAT ALL EXISTING DISPOSAL
FACILITIES OR SITES FOR SOLID WASTE IN SUCH STATE WHICH ARE OPEN DUMPS
LISTED IN THE INVENTORY UNDER SUBSECTION (B) SHALL COMPLY WITH SUCH
MEASURES AS MAY BE PROMULGATED BY THE ADMINISTRATOR TO ELIMINATE HEALTH
HAZARDS AND MINIMIZE POTENTIAL HEALTH HAZARDS. EACH SUCH PLAN SHALL
ESTABLISH, FOR ANY ENTITY WHICH DEMONSTRATES THAT IT HAS CONSIDERED
OTHER PUBLIC OR PRIVATE ALTERNATIVES FOR SOLID WASTE MANAGEMENT TO
COMPLY WITH THE PROHIBITION ON OPEN DUMPING AND IS UNABLE TO UTILIZE
SUCH ALTERNATIVES TO SO COMPLY, A TIMETABLE OR SCHEDULE FOR COMPLIANCE
FOR SUCH PRACTICE OR DISPOSAL OF SOLID WASTE WHICH SPECIFIES A SCHEDULE
OF REMEDIAL MEASURES, INCLUDING AN ENFORCEABLE SEQUENCE OF ACTIONS OR
OPERATIONS, LEADING TO COMPLIANCE WITH THE PROHIBITION ON OPEN DUMPING
OF SOLID WASTE WITHIN A REASONABLE TIME (NOT TO EXCEED 5 YEARS FROM THE
DATE OF PUBLICATION OF THE INVENTORY UNDER SUBSECTION (B)).
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"SEC. 4006. (A) IDENTIFICATION OF REGIONS. -- WITHIN ONE HUNDRED AND
EIGHTY DAYS AFTER PUBLICATION OF GUIDELINES UNDER SECTION 4002(A)
(RELATING TO IDENTIFICATION OF REGIONS), THE GOVERNOR OF EACH STATE,
AFTER CONSULTATION WITH LOCAL ELECTED OFFICIALS, SHALL PROMULGATE
REGULATIONS BASED ON SUCH GUIDELINES IDENTIFYING THE BOUNDARIES OF EACH
AREA WITHIN THE STATE WHICH, AS A RESULT OF URBAN CONCENTRATIONS,
GEOGRAPHIC 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 AND CARRIED OUT BY A REGIONAL OR
LOCAL AUTHORITY OR A COMBINATION OF REGIONAL OR LOCAL AND STATE
AUTHORITIES. IF A MULTI-FUNCTIONAL REGIONAL AGENCY AUTHORIZED BY STATE
LAW TO CONDUCT SOLID WASTE PLANNING AND MANAGEMENT (THE MEMBERS OF WHICH
ARE APPOINTED BY THE GOVERNOR) IS IN EXISTENCE ON 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.
839) SHALL BE CONSIDERED. A STATE AGENCY IDENTIFIED UNDER THIS
PARAGRAPH SHALL BE ESTABLISHED OR DESIGNATED BY THE GOVERNOR OF SUCH
STATE, LOCAL OR REGIONAL AGENCIES IDENTIFIED UNDER THIS PARAGRAPH SHALL
BE COMPOSED OF INDIVIDUALS AT LEAST A MAJORITY OF WHOM ARE ELECTED LOCAL
OFFICIALS.
"(2) IF PLANNING AND IMPLEMENTATION AGENCIES ARE NOT IDENTIFIED AND
DESIGNATED OR ESTABLISHED AS REQUIRED UNDER PARAGRAPH (1) FOR ANY
AFFECTED AREA, THE GOVERNOR SHALL, BEFORE THE DATE TWO HUNDRED AND
SEVENTY DAYS AFTER PROMULGATION OF REGULATIONS UNDER SUBSECTION (A),
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 DISIGNATE 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 RESPECTED 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.
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"(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.
"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 THIS 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 YEARS 1978 AND 1979 IF THE ADMINISTRATOR DETERMINES THAT THE
STATE PLAN CONTINUES TO BE ELIGIBLE FOR APPROVAL UNDER SUBSECTION (A)
AND IS BEING IMPLEMENTED BY THE STATE.
"(3) UPON WITHDRAWAL OF APPROVAL OF A STATE PLAN UNDER SUBSECTION
(A), THE ADMINISTRATOR SHALL WITHHOLD FEDERAL 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.
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"(C) EXISTING ACTIVITIES. -- NOTHING IN THIS SUBTITLE SHALL BE
CONSTRUED TO PREVENT OR AFFECT ANY ACTIVITIES RESPECTING SOLID 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.
"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 SECTION 4005 AND SUBTITLE C OF THIS ACT AND
APPLY APPLICABLE SOLID WASTE MANAGEMENT PRACTICES, METHODS, AND LEVELS
OF CONTROL CONSISTENT WITH ANY GUIDELINES PUBLISHED PURSUANT /1/ 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
NON-RECURRENT EXPENDITURES FOR SOLID WASTE MANAGEMENT CONTROL PROGRAMS
WILL BE LESS THAN ITS EXPENDITURES WERE FOR SUCH PROGRAMS DURING FISCAL
YEAR 1975, EXCEPT THAT SUCH FUNDS MAY BE REDUCED BY AN AMOUNT EQUAL TO
THEIR PROPORTIONATE SHARE OF ANY GENERAL REDUCTION OF STATE SPENDING
ORDERED BY THE GOVERNOR OR LEGISLATURE OF SUCH STATE. NO STATE SHALL
RECEIVE ANY GRANT FOR SOLID WASTE MANAGEMENT PROGRAMS UNLESS THE
ADMINISTRATOR IS SATISFIED THAT SUCH GRANT WILL BE SO USED AS TO
SUPPLEMENT AND, TO THE EXTENT PRACTICABLE, INCREASE THE LEVEL OF STATE,
LOCAL, REGIONAL, OR OTHER NON-FEDERAL FUNDS THAT WOULD IN THE ABSENCE OF
SUCH GRANT BE MADE AVAILABLE FOR THE MAINTENANCE OF SUCH PROGRAMS.
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"(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. /1/
"(E) SPECIAL COMMUNITIES. -- (1) THE ADMINISTRATOR, IN COOPERATION
WITH THE STATE AND LOCAL OFFICIALS, SHALL IDENTIFY COMMUNITIES WITHIN
THE UNITED STATES (A) HAVING A POPULATION OF LESS THAN TWENTY-FIVE
THOUSAND PERSONS, (B) HAVING SOLID WASTE DISPOSAL FACILITIES IN WHICH
MORE THAN 75 PER CENTUM OF THE SOLID WASTE DISPOSAL OF IS FROM AREAS
OUTSIDE THE JURISDICTION OF THE COMMUNITIES, AND (C) WHICH HAVE 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 CONSOLIDATION OF EXISTING
SOLID WASTE DISPOSAL FACILITIES, OR FOR THE CONSTRUCTION OF NEW SOLID
WASTE DISPOSAL FACILITIES, OR FOR BOTH, WITHIN COMMUNITIES IDENTIFIED
UNDER PARAGRAPH (1). 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.
"SEC. 4009. (A) IN GENERAL. -- THE ADMINISTRATOR SHALL MAKE GRANTS TO
STATES TO PROVIDE ASSISTANCE TO MUNICIPALITIES WITH A POPULATION OF FIVE
THOUSAND OR LESS, OR COUNTIES WITH A POPULATION OF TEN THOUSAND OR LESS
OR LESS THAN TWENTY PERSONS PER SQUARE MILE AND NOT WITHIN A
METROPOLITAN AREA, FOR SOLID WASTE MANAGEMENT FACILITIES (INCLUDING
EQUIPMENT) NECESSARY TO MEET THE REQUIREMENTS OF SECTION 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 -- /2/
"(1) TO ANY MUNICIPALITY OR COUNTY WHICH COULD NOT FEASIBLY BE
INCLUDED IN A SOLID WASTE MANAGEMENT SYSTEM OR FACILITY SERVING /3/ AN
URBANIZED, MULTIJURISDICTIONAL AREA BECAUSE OF ITS DISTANCE FROM SUCH
SYSTEMS;
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"(2) WHERE EXISTING OR PLANNED SOLID WASTE MANAGEMENT SERVICES OR
FACILITIES ARE UNAVAILABLE OR INSUFFICIENT TO COMPLY WITH THE
REQUIREMENTS OF SECTION 4005 OF THIS ACT; AND
"(3) FOR SYSTEMS WHICH ARE CERTIFIED BY THE STATE TO BE CONSISTENT
WITH ANY PLANS OR PROGRAMS ESTABLISHED UNDER ANY STATE OR AREAWIDE
PLANNING PROCESS.
"(B) ALLOTMENT. -- THE ADMINISTRATOR SHALL ALLOT THE SUMS
APPROPRIATED TO CARRY OUT THIS SECTION IN ANY FISCAL YEAR AMONG THE
STATES IN ACCORDANCE WITH REGULATIONS PROMULGATED BY HIM ON THE BASIS OF
THE AVERAGE OF THE RATIO WHICH THE POPULATION OF RURAL AREAS OF EACH
STATE BEARS TO THE TOTAL POPULATION OF RURAL AREAS OF ALL THE STATES,
THE RATIO WHICH THE POPULATION OF COUNTIES IN EACH STATE HAVING LESS
THAN TWENTY PERSONS PER SQUARE MILE BEARS TO THE TOTAL POPULATION OF
SUCH COUNTIES IN ALL THE STATES, AND THE RATIO WHICH THE POPULATION OF
SUCH LOW-DENSITY COUNTIES IN EACH STATE HAVING 33 PER CENTUM OR MORE OF
ALL FAMILIES WITH INCOMES NOT IN EXCESS OF 125 PER CENTUM OF THE POVERTY
LEVEL BEARS TO THE TOTAL POPULATION OF SUCH COUNTIES IN ALL THE STATES.
"(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.
SEC. 5001. THE SECRETARY OF COMMERCE SHALL ENCOURAGE GREATER
COMMERCIALIZATION OF PROVEN RESOURCE RECOVERY TECHNOLOGY BY PROVIDING --
"(1) ACCURATE SPECIFICATIONS FOR RECOVERED MATERIALS;
"(2) SIMULATION 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.
"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
CONTAINING RECOVERED MATERIALS. THE SECRETARY SHALL CONTINUE TO
COOPERATE WITH NATIONAL STANDARDS-SETTING ORGANIZATIONS AS MAY BE
NECESSARY, TO ENCOURAGE THE PUBLICATION, PROMULGATION AND UPDATING OF
STANDARDS FOR RECOVERED MATERIALS AND FOR THE USE OF RECOVERED MATERIALS
IN VARIOUS INDUSTRIAL, COMMERCIAL, AND GOVERNMENTAL USES.
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"SEC. 5003. THE SECRETARY OF COMMERCE SHALL WITHIN TWO YEARS AFTER
THE ENACTMENT OF THIS ACT TAKE SUCH ACTIONS AS MYA BE NECESSARY TO --
"(1) IDENTIFY THE GEOGRAPHICAL LOCATION OF EXISTING 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.
"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.
"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 CHARGES. NEITHER THE UNITED STATES, NOR ANY AGENT, EMPLOYEE, OR
OFFICER THEREOF, SHALL BE IMMUNE OR EXEMPT FROM ANY PROCESS OR SANCTION
OF ANY STATE OR FEDERAL COURT WITH RESPECT TO THE ENFORCEMENT OR 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.
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"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 OF FUNCTIONALLY EQUIVALENT ITEMS PURCHASED OR ACQUIRED IN
THE COURSE OF THE PRECEDING FISCAL YEAR WAS $10,000 OR MORE.
"(B) PROCUREMENT SUBJECT TO OTHER LAW. -- ANY PROCUREMENT, BY ANY
PROCURING AGENCY, WHICH IS SUBJECT TO REGULATIONS OF THE ADMINISTRATOR
UNDER SECTION 6004 (AS PROMULGATED BEFORE THE DATE OF ENACTMENT OF THIS
SECTION UNDER COMPARABLE PROVISIONS OF PRIOR LAW) SHALL NOT BE SUBJECT
TO THE REQUIREMENTS OF THIS SECTION TO THE EXTENT THAT SUCH REQUIREMENTS
ARE INCONSISTENT WITH SUCH REGULATIONS.
"(C) REQUIREMENTS. -- (1)(A) AFTER TWO YEARS AFTER THE DATE OF
ENACTMENT OF THIS SECTION, EACH PROCURING AGENCY SHALL PROCURE ITEMS
COMPOSED OF THE HIGHEST PERCENTAGE OF RECOVERED MATERIALS PRACTICABLE
CONSISTENT WITH MAINTAINING A SATISFACTORY LEVEL OF COMPETITION. THE
DECISION NOT TO PROCURE SUCH ITEMS SHALL BE BASED ON 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 AGENCIES; OR
"(III) ARE ONLY AVAILABLE AT AN UNREASONABLE PRICE. ANY
DETERMINATION UNDER CLAUSE (II) SHALL BE MADE ON THE BASIS OF THE 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 REVIEWINC 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 REVIEWS 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.
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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
SOLID WASTE MANAGEMENT SERVICES IN A MANNER WHICH MAXIMIZES ENERGY AND
RESOURCE RECOVERY.
"(G) EXECUTIVE OFFICE. -- THE OFFICE OF PROCUREMENT POLICY IN THE
EXECUTIVE OFFICE OF THE PRESIDENT, IN COOPERATION WITH THE
ADMINISTRATOR, SHALL IMPLEMENT THE POLICY EXPRESSED IN THIS SECTION. IT
SHALL BE THE RESPONSIBILITY OF THE OFFICE OF PROCUREMENT POLICY TO
COORDINATE THIS POLICY WITH OTHER POLICIES FOR FEDERAL PROCUREMENT, IN
SUCH A WAY AS TO MAXIMIZE THE USE OF RECOVERED RESOURCES, AND TO
ANNUALLY REPORT TO THE CONGRESS ON ACTIONS TAKEN BY FEDERAL AGENCIES AND
THE PROGRESS MADE IN THE IMPLEMENTATION OF SUCH POLICY.
"SEC. 6003. ALL FEDERAL AGENCIES HAVING FUNCTIONS RELATING TO SOLID
WASTE OR HAZARDOUS WASTE SHALL COOPERATE TO THE MAXIMUM EXTENT PERMITTED
BY LAW WITH THE ADMINISTRATOR IN CARRYING OUT HIS 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.
"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, ORY
"(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. /1/
"(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.
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"(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. /1/
"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 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 DI1 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 APPLICATION TO ANY
EMPLOYEE WHO, ACTING WITHOUT DIRECTION FROM HIS EMPLOYER (OR HIS AGENT)
DELIBERATELY VIOLATES ANY REQUIREMENT OF THIS ACT.
"(E) EMPLOYMENT SHIFTS AND LOSS. -- THE ADMINISTRATOR SHALL CONDUCT
CONTINUING EVALUATIONS OF POTENTIAL LOSS OR SHIFTS OF 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.
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ANY EMPLOYEE WHO IS DISCHARGED, OR LAID OFF, THREATENED WITH
DISCHARGE OR LAYOFF, OR OTHERWISE DISCRIMINATED AGAINST BY ANY PERSON
BECAUSE OF THE ALLEGED RESULTS OF SUCH ADMINISTRATION OR ENFORCEMENT, OR
ANY RESPRESENTATIVE 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 WITHDRAW ANY STANDARD, LIMITATION, OR
ANY OTHER REQUIREMENT OF THIS ACT OR ANY APPLICABLE IMPLEMENTATION PLAN.
"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
DESCRETIONARY WITH THE ADMINISTRATOR.
ANY ACTION UNDER PARAGRAPH (A)(1) OF THIS SUBSECTION SHALL BE BROUGHT
IN THE DISTRICT COURT FOR THE DISTRICT IN WHICH THE ALLEGED VIOLATION
OCCURRED. ANY ACTION BROUGHT UNDER PARAGRAPH (A)(2) OF THIS SUBSECTION
MAY BE BROUGHT IN THE DISTRICT COURT FOR THE DISTRICT IN WHICH THE
ALLEGED VIOLATION OCCURRED OR IN THE DISTRICT COURT OF THE DISTRICT OF
COLUMBIA. THE DISTRICT COURT SHALL HAVE JURISDICTION, WITHOUT REGARD TO
THE AMOUNT IN CONTROVERSY OR THE CITIZENSHIP OF THE PARTIES, TO ENFORCE
SUCH REGULATION OR ORDER, OR TO ORDER THE 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 SUBSECTION --
"(1) PRIOR TO SIXTY DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE OF THE
VIOLATION (A) TO THE ADMINISTRATOR; (B) TO THE STATE IN WHICH THE
ALLEGED VIOLATION OCCURS; AND (C) TO ANY ALLEGED VIOLATOR OF SUCH
PERMIT, STANDARD, REGULATION, CONDITION, REQUIREMENT, OR ORDER; OR
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/1/ 42 USC 3254F.
/2/ 28 USC APP.
"(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)(2) OF
THIS SECTION PRIOR TO SIXTY DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE TO
THE ADMINISTRATOR THAT HE WILL COMMENCE SUCH ACTION, EXCEPT THAT SUCH
ACTION MAY BE BROUGHT IMMEDIATELY AFTER SUCH NOTIFICATION IN THE CASE OF
AN ACTION UNDER THIS SECTION RESPECTING A VIOLATION OF SECTION 212 OF
THIS ACT. NOTICE UNDER THIS SUBSECTION SHALL BE GIVEN IN /1/ 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
BROUGHT 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 /2/
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).
"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.
"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, ENCOURAGE, AND ASSISTED BY THE ADMINISTRATOR AND THE
STATES.
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THE ADMINISTRATOR, IN COOPERATION WITH THE STATES, SHALL DEVELOP AND
PUBLISH MINIMUM GUIDELINES FOR PUBLIC PARTICIPATION IN SUCH PROCESSES.
"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.
"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 WAS 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.
"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 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 OCCUPANTS
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.
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/1/ 42 USC 3254A
/2/ POST. P. 2795.
/3/ USC APP. II.
"(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 /1/ UNDER SUCH SECTION (AS IN
EFFECT BEFORE THE DATE OF ENACTMENT OF /2/ 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.
"SEC. 7008. (A) GENERAL RULE. -- PAYMENTS OF GRANTS UNDER THIS ACT
MAY BE MADE (AFTER NECESSARY ADJUSTMENT ON ACOUNT OF PREVIOUSLY MADE
UNDERPAYMENTS OR OVERPAYMENTS) IN ADVANCE OR BY WAY OF REIMBURSEMENT,
AND IN SUCH INSTALLMENTS AND ON SUCH CONDITIONS AS THE ADMINISTRATOR MAY
DETERMINE.
"(B) PROHIBITION. -- NO GRANT MAY BE MADE UNDER THIS ACT TO ANY
PRIVATE PROFIT MAKING ORGANIZATION.
"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 -- 276 A 5).
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-5) AND SECTION 2 OF THE ACT OF JUNE 13, 1934,
AS AMENDED (40 U.S.C. 276C). /3/
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"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 PERFORMANCE
CHARACTERISTICS TO AVAILABLE AND POTENTIALLY AVAILABLE MARKETS FOR SUCH
RESOURCES;
"(10) IMPROVEMENTS IN LAND DISPOSAL PRACTICES FOR SOLID WASTE
(INCLUDING SLUDGE) WHICH MAY REDUCE THE ADVERSE ENVIRONMENTAL EFFECTS OF
SUCH DISPOSAL AND OTHER ASPECTS OF SOLID WASTE DISPOSAL ON LAND,
INCLUDING MEANS FOR REDUCING THE HARMFUL ENVIRONMENTAL EFFECTS OF
EARLIER AND EXISTING LANDFILLS, MEANS FOR RESTORING AREAS DAMAGED BY
SUCH EARLIER 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 PROGRAM. -- (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 (I) ASSIST, ON THE BASIS OF ANY RESEARCH
PROJECTS WHICH ARE DEVELOPED WITH ASSISTANCE UNDER THIS ACT OR WITH
FEDERAL ASSISTANCE, THE CONSTRUCTION OF PILOT PLANT FACILITIES FOR THE
PURPOSE OF INVESTIGATING OR TESTING THE TECHNOLOGICAL FEASIBILITY OF ANY
PROMISING NEW FUEL, ENERGY, OR RESOURCE RECOVERY OR RESOURCE
CONSERVATION METHOD OR TECHNOLOGY; AND (II) DEMONSTRATE EACH SUCH
METHOD AND TECHNOLOGY THAT APPEARS JUSTIFIED BY AN EVALUATION AT SUCH
PILOT PLANT STAGE OR AT A PILOT PLANT STAGE DEVELOPED WITHOUT FEDERAL
ASSISTANCE. EACH SUCH DEMONSTRATION SHALL INCORPORATE NEW OR INNOVATIVE
TECHNICAL ADVANCES OR SHALL APPLY SUCH ADVANCES TO DIFFERENT
CIRCUMSTANCES AND CONDITIONS, FOR THE PURPOSE OF EVALUATING DESIGN
CONCEPTS OR TO TEST THE PERFORMANCE, EFFICIENCY, AND ECONOMIC
FEASIBILITY OF A PARTICULAR METHOD OR TECHNOLOGY UNDER ACTUAL OPERATING
CONDITIONS. EACH SUCH DEMONSTRATION SHALL BE SO PLANNED AND DESIGNED
THAT, IF SUCCESSFUL, IT CAN BE EXPANDED OR UTILIZED DIRECTLY AS A
FULL-SCALE OPERATIONAL FUEL, ENERGY, OR RESOURCE RECOVERY OR RESOURCE
CONSERVATION FACILITY.
"(2) ANY ENERGY-RELATED RESEARCH, DEVELOPMENT, OR DEMONSTRATION
PROJECT FOR THE CONVERSION INCLUDING BIOCONVERSION, OF SOLID WASTE
CARRIED OUT BY THE ENVIRONMENTAL PROTECTION AGENCY OR BY THE 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 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.
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"(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 MILITARY DEPARTMENTS IN TITLE 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 PUPROSE OF THIS ACT THE ADMINISTRATOR MAY
DETAIL PERSONNEL OF THE ENVIRONMENTAL PROTECTION AGENCY TO AGENCIES
ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION.
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 RECOVERY RESERACH,
DEVELOPMENT, AND DEMONSTRATION STRATEGIES, THE ADMINISTRATOR SHALL
REVIEW, AND MAKE A STUDY OF, THE VARIOUS EXISTING AND PROMISING
TECHNIQUES OF ENERGY RECOVERY FROM SOLID WASTE (INCLUDING BUT NOT
LIMITED TO, WATERWALL FURNACE INCINERATORS, DRY SHREDDED FUEL SYSTEMS,
PYROLYSIS, DENSIFIED REFUSE-DERIVED FUEL SYSTEMS, ANEROBIC DIGESTION,
AND FUEL AND FEEDSTOCK PREPARATION SYSTEMS). IN CARRYING OUT SUCH STUDY
THE ADMINISTRATOR SHALL INVESTIGATE WITH RESPECT TO EACH SUCH TECHNIQUE:
"(1) THE DEGREE OF PUBLIC NEED FOR THE POTENTIAL RESULTS OF SUCH
RESEARCH, DEVELOPMENT, OR DEMONSTRATION, "(2) THE POTENTIAL FOR
RESEARCH, DEVELOPMENT AND DEMONSTRATION WITHOUT FEDERAL ACTION,
INCLUDING THE DEGREE OF RESTRAINT ON SUCH POTENTIAL POSED BY THE RISKS
INVOLVED, AND "(3) THE MAGNITUDE OF EFFORT AND PERIOD OF TIME NECESSARY
TO DEVELOP THE TECHNOLOGY TO THE POINT WHERE FEDERAL ASSISTANCE CAN BE
ENDED.
"(D) SMALL-SCALE AND LOW TECHNOLOGY STUDY. - THE ADMINISTRATOR SHALL
UNDERTAKE A COMPREHENSIVE STUDY AND ANALYSIS OF, AND PUBLISH, A REPORT
ON, SYSTEMS OF SMALL-SCALE AND LOW TECHNOLOGY SOLID WASTE MANAGEMENT,
INCLUDING HOUSEHOLD RESOURCE RECOVERY AND RESOURCE RECOVERY SYSTEMS
WHICH HAVE SPECIAL APPLICATION TO MULTIPLE DWELLING UNITS AND HIGH
DENSITY HOUSING AND OFFICE COMPLEXES.
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SUCH STUDY AND ANALYSIS SHALL INCLUDE AN INVESTIGATION OF THE DEGREE
TO WHICH SUCH SYSTEMS COULD CONTRIBUTE TO ENERGY CONSERVATION.
"(E) FRONT-END SOURCE SEPARATION. -- THE ADMINISTRATOR SHALL
UNDERTAKE RESEARCH AND STUDIES CONCERNING THE COMPATIBILITY OF FRONT-END
SOURCE SEPARATION SYSTEMS WITH HIGH TECHNOLOGY RESOURCE RECOVERY SYSTEMS
AND SHALL PUBLISH A REPORT CONTAINING THE RESULTS OF SUCH RESEARCH AND
STUDIES.
"(F) MINING WASTE. -- THE ADMINISTRATOR, IN CONSULTATION WITH THE
SECRETARY OF THE INTERIOR, SHALL CONDUCT A DETAILED AND COMPREHENSIVE
STUDY ON THE ADVERSE EFFECTS OF SOLID WASTES FROM ACTIVE AND ABANDONED
SURFACE AND UNDERGROUND MINES ON THE ENVIRONMENT, INCLUDING, BUT NOT
LIMITED TO, THE EFFECTS OF SUCH WASTES ON HUMANS, WATER, AIR, HEALTH,
WELFARE, AND NATURAL RESOURCES, AND ON THE ADEQUACY OF MEANS AND
MEASURES CURRENTLY EMPLOYED BY THE MINING INDUSTRY, GOVERNMENT AGENCIES,
AND OTHERS TO DISPOSE OF AND UTILIZE SUCH SOLID WASTES AND TO PREVENT OR
SUBSTANTIALLY MITIGATE SUCH ADVERSE EFFECTS. SUCH STUDY SHALL INCLUDE
AN ANALYSIS OF --
"(1) THE SOURCES AND VOLUME OF DISCARDED MATERIAL GENERATED PER YEAR
FROM MINING;
"(2) PRESENT DISPOSAL PRACTICES;
"(3) POTENTIAL DANGERS TO HUMAN HEALTH AND THE ENVIRONMENT FROM
SURFACE RUNOFF OF LEACHATE AND AIR POLLUTION BY DUST;
"(4) ALTERNATIVES TO CURRENT DISPOSAL METHODS;
"(5) THE COST OF THOSE ALTERNATIVES IN TERMS OF THE IMPACT ON MINE
PRODUCT COSTS; AND
"(6) POTENTIAL FOR USE OF DISCARDED MATERIAL AS A SECONDARY SOURCE OF
THE MINE PRODUCT.
IN FURTHERANCE OF THIS STUDY, THE ADMINISTRATOR SHALL, AS HE DEEMS
APPROPRIATE, REVIEW STUDIES AND OTHER ACTIONS OF OTHER FEDERAL AGENCIES
CONCERNING SUCH WASTES WITH A VIEW TOWARD AVOIDING DUPLICATION OF EFFORT
AND THE NEED TO EXPEDITE SUCH STUDY. 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
GASIFICATION OF COAL AND COAL SLURRY PIPELINE OPERATIONS) SHALL BE
CLASSIFIED AS SLUDGE;
"(2) THE EFFECTS OF AIR AND WATER POLLUTION LEGISLATION ON THE
CREATION OF LARGE VOLUMES OF SLUDGE;
"(3) THE AMOUNTS OF SLUDGE ORIGINATING IN EACH STATE AND IN EACH
INDUSTRY PRODUCING SLUDGE;
"(4) METHODS OF DISPOSAL OF SUCH SLUDGE, INCLUDING THE COST,
EFFICIENCY, AND EFFECTIVENESS OF SUCH METHODS;
"(5) ALTERNATIVE METHODS FOR THE USE OF SLUDGE, INCLUDING
AGRICULTURAL APPLICATIONS OF SLUDGE AND ENERGY RECOVERY FROM SLUDGE;
AND
"(6) METHODS TO RECLAIM AREAS WHICH HAVE BEEN USED FOR THE DISPOSAL
OF SLUDGE OR WHICH HAVE BEEN DAMAGED BY SLUDGE.
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"(H) TIRES. -- THE ADMINISTRATOR SHALL UNDERTAKE A STUDY AND PUBLISH
A REPORT RESPECTING DISCARDED MOTOR VEHICLE TIRES WHICH SHALL INCLUDE AN
ANALYSIS OF THE PROBLEMS INVOLVED IN THE COLLECTION, RECOVERY OF
RESOURCES INCLUDING ENERGY, AND USE OF SUCH TIRES.
(I) RESOURCE RECOVERY FACILITIES. -- THE ADMINISTRATOR SHALL CONDUCT
RESEARCH AND REPORT ON THE ECONOMICS OF, AND IMPEDIMENTS, TO THE
EFFECTIVE FUNCTIONING OF RESOURCE RECOVERY FACILITIES.
"(J) RESOURCE CONSERVATION COMMITTEE. -- (1) THE ADMINISTRATOR SHALL
SERVE AS CHAIRMAN OF A COMMITTEE COMPOSED OF HIMSELF, THE SECRETARY OF
COMMERCE, THE SECRETARY OF LABOR, THE CHAIRMAN OF THE COUNCIL ON
ENVIRONMENTAL QUALITY, THE SECRETARY OF TREASURY, THE SECRETARY OF THE
INTERIOR, AND A REPRESENTATIVE OF THE OFFICE OF MANAGEMENT AND BUDGET,
WHICH SHALL CONDUCT A FULL AND COMPLETE INVESTIGATION AND STUDY OF ALL
ASPECTS OF THE ECONOMIC, SOCIAL, AND ENVIRONMENTAL CONSEQUENCES OF
RESOURCE CONSERVATION WITH RESPECT TO --
"(A) THE APPROPRIATENESS OF RECOMMENDED INCENTIVES AND DISINCENTIVES
TO FOSTER RESOURCE CONSERVATION;
"(B) THE EFFECT OF EXISTING PUBLIC POLICIES (INCLUDING SUBSIDIES AND
ECONOMIC INCENTIVES AND DISINCENTIVES, PERCENTAGE DEPLETION ALLOWANCES,
CAPITAL GAINS TREATMENT AND OTHER TAX INCENTIVES AND DISINCENTIVES) UPON
RESOURCE CONSERVATION, AND THE LIKELY EFFECT OF THE MODIFICATION OR
ELIMINATION OF SUCH INCENTIVES AND DISINCENTIVES UPON RESOURCE
CONSERVATION;
"(C) THE APPROPRIATENESS AND FEASIBILITY OF RESTRICING THE
MANUFACTURE OR USE OF CATEGORIES OF CONSUMER PRODUCTS AS A RESOURCE
CONSERVATION STRATEGY;
"(D) THE APPROPRIATENESS AND FEASIBILITY OF EMPLOYING AS A RESOURCE
CONSERVATION STRATEGY THE IMPOSITION OF 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.
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"(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.
"(1) COMPLETION OF RESEARCH AND STUDIES. -- THE ADMINISTRATOR SHALL
COMPLETE THE RESEARCH AND STUDIES, AND SUBMIT THE REPORTS REQUIRED UNDER
SUBSECTIONS (B), (C), (D), (E), (F), (G), AND (K) NOT LATER THAN OCTOBER
1, 1978. THE ADMINISTRATOR SHALL COMPLETE THE RESEARCH AND STUDIES, AND
SUBMIT THE REPORTS, REQUIRED UNDER 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).
"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 AND
POTENTIALLY HAZARDOUS SOLID WASTES; METHODS OF NEUTRALIZING OR PROPERLY
DISPOSING OF HAZARDOUS SOLID WASTES, FACILITIES THAT PROPERLY DISPOSE OF
HAZARDOUS WASTES;
"(7) METHODS OF FINANCING RESOURCE RECOVERY FACILITIES OR, SANITARY
LANDFILLS, OR HAZARDOUS SOLID WASTE TREATMENT FACILITIES, WHICHEVER IS
APPROPRIATE FOR THE ENTITY DEVELOPING SUCH FACILITY OR LANDFILL (TAKING
INTO ACCOUNT THE AMOUNT OF SOLID WASTE REASONABLY EXPECTED TO BE
AVAILABLE TO SUCH ENTITY);
"(8) THE AVAILABILITY OF MARKETS FOR THE PURCHASE OF RESOURCES,
EITHER MATERIALS OR ENERGY, RECOVERED FROM SOLID WASTE; AND
"(9) RESEARCH AND DEVELOPMENT PROJECTS RESPECTING SOLID WASTE
MANAGEMENT.
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"(B) LIBRARY. -- 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 COST AND REVENUES ASSOCIATED WITH THE
COLLECTION AND DISPOSAL OF SOLID WASTE AND WITH RESOURCE RECOVERY
OPERATIONS, THE ADMINISTRATOR SHALL DEVELOP AND PUBLISH A RECOMMENDED
MODEL COST AND REVENUE ACCOUNTING SYSTEM APPLICABLE TO THE SOLID WASTE
MANAGEMENT FUNCTIONS OF STATE AND LOCAL GOVERNMENTS. SUCH SYSTEM SHALL
BE IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. THE
ADMINISTRATOR SHALL PERIODICALLY, BUT NOT LESS FREQUENTLY THAN ONCE
EVERY FIVE YEARS, REVIEW SUCH ACCOUNTING SYSTEM AND REVISE IT AS
NECESSARY.
"(D) MODEL CODES. -- THE ADMINISTRATOR IS AUTHORIZED, IN COOPERATION
WITH APPROPRIATE STATE AND LOCAL AGENCIES, TO RECOMMEND MODEL CODES,
ORDINANCES, AND STATUTES, PROVIDING FOR SOUND SOLID WASTE MANAGEMENT.
"(E) INFORMATION PROGRAMS. -- (1) THE ADMINISTRATOR SHALL IMPLEMENT A
PROGRAM FOR THE RAPID DISSEMINATION OF INFORMATION ON SOLID WASTE
MANAGEMENT, HAZARDOUS WASTE MANAGEMENT, RESOURCE CONSERVATION, AND
METHODS OF RESOURCE RECOVERY FROM SOLID WASTE, INCLUDING THE RESULTS OF
ANY RELEVANT RESEARCH, INVESTIGATIONS, EXPERIMENTS, SURVEYS, STUDIES, OR
OTHER INFORMATION WHICH MAY BE USEFUL IN THE IMPLEMENTATION OF NEW OR
IMPROVED SOLID WASTE MANAGEMENT PRACTICES AND METHODS AND INFORMATION ON
ANY OTHER TECHNICAL, MANAGERIAL, FINANCIAL, OR MARKET ASPECT OF RESOURCE
CONSERVATION AND RECOVERY FACILITIES.
"(2) THE ADMINISTRATOR SHALL DEVELOP AND IMPLEMENT EDUCATIONAL
PROGRAMS TO PROMOTE CITIZEN UNDERSTANDING OF THE NEED FOR
ENVIRONMENTALLY SOUND SOLID WASTE MANAGEMENT PRACTICES.
"(F) COORDINATION. -- IN COLLECTING AND DISSEMINATING INFORMATION
UNDER THIS SECTION, THE ADMINISTRATOR SHALL COORDINATE HIS ACTIONS AND
COOPERATE TO THE MAXIMUM EXTENT POSSIBLE WITH STATE AND LOCAL
AUTHORITIES.
"(G) SPECIAL RESTRICTING. -- UPON REQUEST, THE FULL RANGE OF
ALTERNATIVE TECHNOLOGIES, PROGRAMS OR PROCESSES DEEMED FEASIBLE TO MEET
THE RESOURCE RECOVERY OR RESOURCE CONSERVATION NEEDS OF A JURISDICTION
SHALL BE DESCRIBED IN SUCH A MANNER AS TO PROVIDE A SUFFICIENT
EVALUATIVE BASIS FROM WHICH THE JURISDICTION CAN MAKE ITS DECISIONS, BUT
NO OFFICER OR EMPLOYEE OF THE ENVIRONMENTAL PROTECTION AGENCY SHALL, IN
AN OFFICIAL CAPACITY, LOBBY FOR OR OTHERWISE REPRESENT AN AGENCY
POSITION IN FAVOR OF RESOURCE RECOVERY OR RESOURCE CONSERVATION, AS A
POLICY ALTERNATIVE FOR ADOPTION INTO ORDINANCES, CODES, REGULATIONS, OR
LAW BY ANY STATE OR POLITICAL SUBDIVISION THEREOF.
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"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 THE ACT,
"(3) SUCH FACILITY WILL BE ABLE TO COMPLY WITH THE GUIDELINES
PUBLISHED UNDER SECTION 1008 AND WITH OTHER LAWS AND REGULATIONS FOR THE
PROTECTION OF HEALTH AND THE ENVIRONMENT.
"(4) IN THE CASE OF A CONTRACT FOR CONSTRUCTION OR OPERATION, SUCH
FACILITY IS NOT LIKELY TO BE CONSTRUCTED OR OPERATED BY STATE, LOCAL, OR
PRIVATE PERSONS OR IN THE CASE OF AN APPLICATION FOR FINANCIAL
ASSISTANCE, SUCH FACILITY IS NOT LIKELY TO RECEIVE ADEQUATE FINANCIAL
ASSISTANCE FROM OTHER SOURCES, AND
"(5) ANY FEDERAL INTEREST IN, OR ASSISTANCE TO, SUCH FACILITY WILL BE
DISPOSED OF OR TERMINATED, WITH APPROPRIATE COMPENSATION, WITHIN SUCH
PERIOD OF TIME AS MAY BE NECESSARY TO CARRY OUT THE BASIC OBJECTIVES OF
THIS ACT.
"(B) TIME LIMITATION. -- NO OBLIGATION MAY BE MADE BY THE
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 FACILITIES UNDER THIS SUBTITLE MAY BE MADE BY
THE ADMINISTRATOR AFTER THE DATE FOURTEEN YEARS AFTER SUCH DATE OF
ENACTMENT.
"(C) COST SHARING. -- WHEREVER PRACTICABLE, IN CONSTRUCTING,
OPERATING, OR PROVIDING FINANCIAL ASSISTANCE UNDER THIS SU0TITLE 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.
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WHERE THE ADMINISTRATOR PROVIDES ONLY MONITORING AND EVALUATION
INSTRUMENTS OR PERSONNEL (OR BOTH) OR FUNDS FOR SUCH INSTRUMENTS OR
PERSONNEL AND PROVIDES NO OTHER FINANCIAL ASSISTANCE TO A FACILITY,
NOTWITHSTANDING SECTION 8001(C)(3), TITLE TO ANY INVENTION MADE OR
CONCEIVED OF IN THE COURSE OF DEVELOPING, CONSTRUCTING, OR OPERATING
SUCH FACILITY SHALL NOT BE REQUIRED TO VEST IN THE UNITED STATES AND
PATENTS RESPECTING SUCH INVENTION SHALL NOT BE REQUIRED TO BE ISSUED TO
THE UNITED STATES,
"(D) PROHIBITION. -- AFTER THE DATE OF ENACTMENT OF THIS SECTION, THE
ADMINISTRATOR SHALL NOT CONSTRUCT OR OPERATE ANY FULL-SCALE FACILITY
(EXCEPT BY CONTRACT WITH PUBLIC AGENCIES OR AUTHORITIES OR PRIVATE
PERSONS).
"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 THE IDENTIFICATION OF POTENTIAL MARKETS
FOR SUCH RECOVERED SOURCES, THE IMPACT OF DISTRIBUTION OF SUCH RESOURCES
ON EXISTING MARKETS, AND POTENTIALS FOR ENERGY CONSERVATION THROUGH
RESOURCE CONSERVATION AND RESOURCE RECOVERY;
"(2) ACTIONS TO REDUCE WASTE GENERATION WHICH HAVE BEEN TAKEN
VOLUNTARILY OR IN RESPONSE TO GOVERNMENTAL ACTION, AND THOSE WHICH
PRACTICALLY COULD BE TAKEN IN THE FUTURE, AND THE ECONOMIC, SOCIAL, AND
ENVIRONMENTAL CONSEQUENCES OF SUCH ACTIONS;
"(3) METHODS OF COLLECTION, SEPARATION, AND CONTAINERIZATION WHICH
WILL ENCOURAGE EFFICIENT UTILIZATION OF FACILITIES AND CONTRIBUTE TO
MORE EFFECTIVE PROGRAMS OF REDUCTION, REUSE, OR DISPOSAL OF WASTES;
"(4) THE USE OF FEDERAL PROCUREMENT TO DEVELOP MARKET DEMAND FOR
RECOVERED RESOURCES;
"(5) RECOMMENDED INCENTIVES (INCLUDING FEDERAL GRANTS, LOANS, AND
OTHER ASSISTANCE) AND DISINCENTIVES TO ACCELERATE THE RECLAMATION OR
RECYCLING OF MATERIALS FROM SOLID WASTES, WITH SPECIAL EMPHASIS ON MOTOR
VEHICLE HULKS;
"(6) THE EFFECT OF EXISTING PUBLIC POLICIES, INCLUDING SUBSIDIES AND
ECONOMIC INCENTIVES AND DISINCENTIVES, PERCENTAGE DEPLETION ALLOWANCES,
CAPITAL GAINS TREATMENT AND OTHER TAX INCENTIVES AND DISINCENTIVES, UPON
THE RECYCLING AND REUSE OF MATERIALS, AND THE LIKELY EFFECT OF THE
MODIFICATION OR ELIMINATION OF SUCH INCENTIVES AND DISINCENTIVES UPON
THE REUSE, RECYCLING AND CONSERVATION OF SUCH MATERIALS;
"(7) THE NECESSITY AND METHOD OF IMPOSING DISPOSAL OR OTHER CHARGES
ON PACKAGING, CONTAINERS, VEHICLES, AND OTHER MANUFACTURED GOODS, WHICH
CHARGES WOULD REFLECT THE COST OF FINAL DISPOSAL, THE VALUE OF
RECOVERABLE COMPONENTS OF THE ITEM, AND ANY SOCIAL COST ASSOCIATED WITH
NONRECYCLING OR UNCONTROLLED DISPOSAL OF SUCH ITEMS, AND
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"(8) THE LEGAL CONSTRAINTS AND INSTITUTIONAL BARRIERS TO THE
ACQUISITION OF LAND NEEDED FOR SOLID WASTE MANAGEMENT, INCLUDING LAND
FOR FACILITIES AND SISPOSAL SITES;
"(9) IN CONSULTATION WITH THE SECRETARY OF AGRICULTURE, AGRICULTURAL
WASTE MANAGEMENT PROBLEMS AND PRACTICES, THE EXTENT OF REUSE AND
RECOVERY OF RESOURCES IN SUCH WASTES, THE PROSPECTS FOR IMPROVEMENT,
FEDERAL, STATE, AND LOCAL REGULATIONS GOVERNING SUCH PRACTICES, AND THE
ECONOMIC, SOCIAL, AND ENVIRONMENTAL CONSEQUENCES OF SUCH PRACTICES; AND
"(10) IN CONSULTATION WITH THE SECRETARY OF THE INTERIOR, MINING
WASTE MANAGEMENT PROBLEMS, AND PRACTICES, INCLUDING AN ASSESSMENT OF
EXISTING AUTHORITIES, TECHNOLOGIES, AND ECONOMICS, AND THE ENVIRONMENTAL
AND PUBLIC HEALTH CONSEQUENCES OF SUCH PRACTICES.
"(B) DEMONSTRATION. -- THE ADMINISTRATOR IS ALSO AUTHORIZED TO CARRY
OUT DEMONSTRATION PROJECTS TO TEST AND DEMONSTRATE METHODS AND
TECHNIQUES DEVELOPED PURSUANT TO SUBSECTION (A).
"(C) APPLICATION OF OTHER SECTIONS. -- SECTION 8001 (B) AND (C) SHALL
BE APPLICABLE TO INVESTIGATIONS, STUDIES, AND PROJECTS CARRIED OUT UNDER
THIS SECTION.
"SEC. 8006. (A) AUTHORITY. -- THE ADMINISTRATOR IS AUTHORIZED TO MAKE
GRANTS PURSUANT TO THIS SECTION TO ANY STATE, MUNICIPAL, OR INTERSTATE
OR INTERMUNICIPAL AGENCY FOR THE DEMONSTRATION OF RESOURCE RECOVERY
SYSTEMS OR FOR THE CONSTRUCTION OF NEW OR IMPROVED SOLID WASTE DISPOSAL
FACILITIES.
"(B) CONDITIONS. -- (1) ANY GRANT UNDER THIS SECTION FOR THE
DEMONSTRATION OF A RESOURCE RECOVERY SYSTEM MAY BE MADE ONLY IF IT (A)
IS CONSISTENT WITH ANY PLANS WHICH MEET THE REQUIREMENTS OF 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 ANY PROJECT TO WHICH PARAGRAPH (1) APPLIES
SHALL NOT BE MORE THAN 75 PERCENT.
"(C) LIMITATIONS. -- (1) A GRANT UNDER THIS SECTION FOR THE
CONSTRUCTION OF A NEW OR IMPROVED SOLID WASTE DISPOSAL FACILITY MAY BE
MADE ONLY IF --
"(A) A STATE OR INTERSTATE PLAN FOR SOLID WASTE DISPOSAL HAS BEEN
ADOPTED WHICH APPLIES TO THE AREA INVOLVED, AND THE FACILITY TO BE
CONSTRUCTED (I) IS CONSISTENT WITH SUCH PLAN, (II) IS INCLUDED IN A
COMPREHENSIVE PLAN FOR THE AREA INVOLVED WHICH IS SATISFACTORY TO THE
ADMINISTRATOR FOR THE PURPOSES OF THIS ACT, AND (III) IS CONSISTENT WITH
THE GUIDELINES RECOMMENDED UNDER SECTION 1008, AND
"(B) THE PROJECT ADVANCES THE STATE OF THE ART BY APPLYING NEW AND
IMPROVED TECHNIQUES IN REDUCING THE ENVIRONMENTAL IMPACT OF SOLID WASTE
DISPOSAL, IN ACHIEVING RECOVERY OF ENERGY OR RESOURCES, OR IN RECYCLING
USEFUL MATERIALS.
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"(2) THE FEDERAL SHARE FOR ANY PROJECT TO WHICH PARAGRAPH (1) APPLIES
SHALL BE NOT MORE THAN 50 PERCENT IN THE CASE OF A PROJECT SERVING AN
AREA WHICH INCLUDES ONLY ONE MUNICIPALITY, AND NOT MORE THAN 75 PERCENT
IN ANY OTHER CASES.
"(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 INTEREST 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.
"SEC. 8007. THERE ARE AUTHORIZED TO BE APPROPRIATED NOT TO EXCEED
$35,000,000 FOR THE FISCAL YEAR 1978 TO CARRY OUT THE PURPOSES OF THIS
SUBTITLE (EXCEPT FOR SECTION 8002).".
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/1/ 42 USC 6981.
/2/ 42 USC 6981.
FN3
/3/ 42 USC 6901.
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 /1/ FOR REMOVING
EXISTING SOLID WASTE ON FEDERAL LANDS IN ALASKA. SUCH STUDY SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO, A CONSIDERATION OF --
(1) ALTERNATIVE PROCEDURES FOR REMOVING THE SOLID WASTE IN AN
ENVIRONMENTALLY SAFE MANNER, AND
(2) THE ESTIMATED COSTS OF REMOVING THE SOLID WASTE.
(B) THE PRESIDENT SHALL SUBMIT A REPORT OF THE RESULTS TOGETHER WITH
APPROPRIATE SUPPORTING DATA AND SUCH RECOMMENDATIONS AS HE DEEMS
DESIRABLE TO THE COMMITTEE ON PUBLIC WORKS OF THE SENATE AND TO THE
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE HOUSE OF
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. /2/
(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 METHODS
FOR CONTROLLING LEACHATE CONTAMINATION FROM ABANDONED AND OTHER
LANDFILLS THAT MAY BE APPLIED AT THE LLANGOLLEN LANDFILL AND AT OTHER
LANDFILLS THROUGHOUT THE NATION. 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 TRANSPORTATION 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
ENVIRONMENTAL 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 LABORTORY (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. /3/
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/1/ 42 USC. 6901.
(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 OF A COUNTER-PUMPING PROGRAM /1/ TO CONTAIN THE
LEACHATE FROM THE LLANGOLLEN LANDFILL.
APPROVED OCTOBER 21, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORT NO. 94-1491 ACCOMPANYING H.R. 14446 (COMM. ON INTERSTATE
AND FOREIGN COMMERCE).
SENATE REPORT NO. 94-869 (COMM. ON PUBLIC WORKS).
CONGRESSIONAL RECORD, VOL. 122(1976): JUNE 30, CONSIDERED AND PASSED
SENATE. SEPT. 27, CONSIDERED AND PASSED HOUSE, AMENDED, IN LIEU OF H.R.
14496. SEPT. 30, SENATE CONCURRED IN HOUSE AMENDMENTS.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 12, NO. 43: OCT.
22, PRESIDENTIAL STATEMENT.
SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1979
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THE PRESIDING OFFICER. UNDER THE PREVIOUS ORDER, THE SENATE WILL NOW
RESUME CONSIDERATION OF THE PENDING BUSINESS, S. 1156, WHICH THE CLERK
WILL STATE.
THE SECOND ASSISTANT LEGISLATIVE CLERK READ AS FOLLOWS:
A BILL (S. 1156) TO AMEND AND REAUTHORIZE THE SOLID WASTE DISPOSAL
ACT.
THE SENATE PROCEEDED TO CONSIDER THE BILL.
THE PRESIDING OFFICER. UNDER THE PREVIOUS ORDER, DEBATE ON THIS BILL
SHALL BE LIMITED TO 1 HOUR, TO BE EQUALLY DIVIDED AND CONTROLLED BY THE
SENATOR FROM WEST VIRGINIA AND THE SENATOR FROM VERMONT; 20 MINUTES ON
ANY AMENDMENT IN THE FIRST DEGREE, AND 10 MINUTES ON ANY AMENDMENT IN
THE SECOND DEGREE, DEBATABLE MOTION, APPEAL, OR POINT OF ORDER.
MR. RANDOLPH. MR. PRESIDENT. I ASK UNANIMOUS CONSENT THAT THE
FOLLOWING STAFF MEMBERS OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
BE GRANTED THE PRIVILEGE OF THE FLOOR DURING CONSIDERATION OF S. 1156:
JOHN YAGO, PHILIP CUMMINGS, WILLIAM DONOVAN, WESLEY HAYDEN, BAILEY
GUARD, CURTIS MOORE, PETER ROSENBERG, LEE FULLER, HAL BRAYMAN, AND
JACQUELINE SCHAFER; ALSO, JOAN HUNZIKER OF SENATOR BRADLEY'S STAFF, AND
JIM ROCK OF SENATOR BENTSEN'S STAFF.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
MR. RANDOLPH. MR. PRESIDENT, I YIELD MYSELF 5 MINUTES.
WE KNOW THAT THIS BILL IS A MORE IMPORTANT MEASURE, A MUCH MORE
SIGNIFICANT MEASURE, THAN MANY MEMBERS OF CONGRESS REALIZE.
MR. PRESIDENT, 3 YEARS AGO, WE SIGNIFICANTLY BROADENED THE HORIZON OF
ENVIRONMENTAL LEGISLATION WITH ADOPTION OF THE RESOURCE CONSERVATION AND
RECOVERY ACT.
THAT MEASURE ADDRESSED FOR THE FIRST TIME IN A COMPREHENSIVE WAY A
HOST OF ASSOCIATED PROBLEMS - THE MANAGEMENT OF MUNICIPAL AND INDUSTRIAL
WASTE, STORAGE AND DISPOSAL OF HAZARDOUS AND TOXIC MATERIALS, AND THE
ENVIRONMENTAL AND HEALTH THREATS POSED BY OPEN DUMPING. IT ALSO
ESTABLISHED THE BASIS FOR EXPLOITING THE POTENTIAL FOR MATERIALS
RECYCLING AND REUSE AND FOR CONVERSION OF ONCE WORTHLESS TRASH AND
GARBAGE INTO VALUABLE SOURCES OF SCARCE FUEL AND ENERGY.
THAT LEGISLATION WAS PURPOSELY DESIGNED TO DEAL WITH THOSE ISSUES AS
ESSENTIALLY LOCAL PROBLEMS BEST LENDING THEMSELVES TO LOCAL SOLUTIONS,
IN MOST INSTANCES. FOR THAT REASON, IT PROVIDED FOR CLOSE FEDERAL
SUPERVISION ONLY IN THOSE AREAS WHERE THAT AUTHORITY WAS NECESSARY -
SUCH AS FOR CONTROL OF HAZARDOUS AND TOXIC SUBSTANCES - AND FOR MAXIMUM
INVOLVEMENT OF STATE AND LOCAL AUTHORITIES IN PLANNING FOR
IMPLEMENTATION OF ITS OTHER OBJECTIVES.
THE SOUNDNESS OF THAT APPROACH HAS, IN MY OPINION, MR. PRESIDENT,
BEEN FULLY CONFIRMED BY EXPERIENCE WITH THE PROGRAM DURING THE MORE THAN
30 MONTHS SINCE IT WAS ENACTED. THAT EXPERIENCE IS PERTINENT TO OUR
CONSIDERATION TODAY OF S. 1156, AUTHORIZING A 3-YEAR EXTENSION OF THE
SOLID WASTE DISPOSAL ACT.
SO I HOPE YOU WILL ALLOW ME A FEW MOMENTS TO TALK ABOUT SOME OF THE
MAJOR PROGRAM DEVELOPMENTS BEFORE TURNING TO DETAILS OF THE BILL NOW
BEFORE US.
I THINK IT IS FAIR TO SAY THERE HAVE BEEN SOME VERY SIGNIFICANT
RESULTS AT THE GRASSROOTS LEVEL IN A WIDE VARIETY OF WAYS AND PLACES
EVEN WHILE THE FEDERAL ASPECTS OF THE PROGRAM WERE STILL EVOLVING
THROUGH THE DEVELOPMENT PHASE.
THAT HAS HAPPENED PRIMARILY BECAUSE OF THE REMARKABLE DEGREE TO WHICH
THE BASIC AIMS OF THE LAW HAVE BEEN CORRECTLY INTERPRETED AND ITS
CHALLENGES RECOGNIZED AND ACCEPTED.
BUSINESS AND INDUSTRY HAVE RESPONDED IN AN IMAGINATIVE AND HIGHLY
EFFECTIVE WAY TO THE NEED FOR DEVELOPMENT OF NEW AND BETTER METHODS OF
SOLVING WASTE DISPOSAL PROBLEMS AND FOR MATERIALS RECYCLING AND ENERGY
CONVERSION.
THERE HAS BEEN SUBSTANTIAL PROGRESS MADE IN THE SEARCH FOR IMPROVED
LAND DISPOSAL TECHNOLOGY NEEDED FOR THE URGENTLY NEEDED PHASEOUT OF OPEN
DUMPING.
THAT IS, IN ITSELF, A PROBLEM OF MASSIVE PROPORTIONS. CONSIDER THAT
THERE ARE AN ESTIMATED 20,000 MUNICIPALLY OPERATED OPEN DUMPS AND
PERHAPS AS MANY AS 100,000 USED BY INDUSTRIES WHICH MUST BE CLOSED OR
CONVERTED TO ACCEPTABLE STANDARDS. PONDER THE IMPLICATIONS OF THE NEED
TO DISPOSE OF AN ESTIMATED 375 MILLION METRIC TONS OF INDUSTRIAL WASTE
EACH YEAR AND TO DETERMINE HOW MUCH OF IT MUST BE TREATED AS HAZARDOUS
SUBSTANCES.
TIME WILL NOT PERMIT ANY DETAILED DISCUSSION OF ALL ASPECTS OF
INDUSTRIAL INVOLVEMENT IN THE RESOURCE RECOVERY EFFORTS. I THINK IT
WARRANTS MENTION, THOUGH, THAT THERE ARE NOW ABOUT 45 PLANTS, EITHER
OPERATING OR IN ADVANCED STAGE OF DEVELOPMENT, FOR MATERIALS RECYCLING
OR SOLID WASTE RECOVERY. THEY REPRESENT A TOTAL INVESTMENT OF
APPROXIMATELY $1 BILLION AND A WIDE RANGE OF NEW AND SOPHISTICATED
CONCEPTS.
HUNDREDS OF COMMUNITIES AROUND THE COUNTRY ARE ALREADY BECOMING
DIRECTLY INVOLVED IN MAJOR CLEANUP AND RECYCLING EFFORTS, EITHER WITH
MUNICIPAL SUPPORT OR AS GROUND-SPONSORED PROJECTS. ONE OF THE MOST
SUCCESSFUL OF THOSE PROGRAMS IS THAT BEING OPERATED IN THE STATE OF WEST
VIRGINIA BY THE CITIZENS RECYCLING COUNCIL.
CONCEIVED AS A STRICLY VOLUNTEER-RUN ENTERPRISE BY A THEN MEMBER OF
THE GENERAL ASSEMBLY, HELENE ROTGIN, THE ACTIVITY HAS GROWN BY LEAPS AND
BOUNDS UNDER HER IMAGINATIVE AND FORCEFUL LEADERSHIP. STARTING WITH A
SINGLE AREA, IT NOW IS OPERATING IN HALF A DOZEN LOCATIONS IN THE STATE
AND AT LAST REPORT, HAD ACCOUNTED FOR RECYCLING OF MORE THAN 6 MILLION
POUNDS OF WASTE MATERIAL OF VARIOUS KINDS.
ACTIVITIES OF THUS TYPE ARE PRODUCING DOUBLE DIVIDENDS. THEY ARE
HELPING TO CLEAN UP THE LITTER THAT HAS BLIGHTED TOO MUCH OF THE FACE OF
AMERICA. THEY ARE ALSO CHANGING THE ATTITUDE OF AMERICANS TOWARD THE
TRASH AND GARBAGE PROBLEM BY DEMONSTRATING THE ECONOMIC AND ENERGY
VALUES WHICH IT CAN PRODUCE, AS WELL AS THE ENVIRONMENTAL NECESSITY OF
BETTER SOLID WASTE MANAGEMENT AND REUSE.
INDIVIDUAL STATES AND MANY LOCAL AREAS ARE MAKING SIGNIFICANT
PROGRESS IN PREPARATION AND IMPLEMENTATION, OF SOLID WASTE MANAGEMENT
PLANS AND PROGRAMS AND RESPONDING IN AN ENCOURAGING WAS TO THE CHALLENGE
TO BECOME INVOLVED IN THE WHOLE NATIONAL EFFORT.
THAT, OF COURSE, IS WHAT THE RESOURCE CONSERVATION AND RECOVERY
PROGRAM IS ALL ABOUT. IN A BROAD SENSE, IT SUMMARIZES WHERE WE STAND
NOW IN THE EFFORT TO TRANSLATE AN AMBITIOUS NEW CONCEPT INTO AN
EFFECTIVE REALITY.
IT IS IN THAT CONTEXT, MR. PRESIDENT, THAT I NOW SPEAK OF S. 1156.
ESSENTIALLY, THE BILL WE CONSIDER IS DESIGNED TO EXPAND ON THE RECORD
OF PROGRESS ALREADY ATTAINED UNDER THE PROGRAM. IT SEEKS TO REFINE
OBJECTIVES RATHER THAN REVISING THEM AND TO ACCELERATE THE PACE OF
IMPLEMENTATION RATHER THAN ALTERING IN ANY SIGNIFICANT DEGREE THE
DIRECTION IN WHICH IT IS AIMED.
I AM HAPPY TO SAY THAT THERE IS SUFFICIENT FUNDING AUTHORITY IN THE
MEASURE TO ACHIEVE THAT BASIC PURPOSE IF IT IS ALLOWED TO STAND. THE
ALLOTMENT PROVIDES $164 MILLION FOR FISCAL 1980, $175 MILLION FOR FISCAL
1981, AND $180 MILLION FOR FISCAL 1982.
THE TOTALS INCLUDE $80 MILLION IN GENERAL AUTHORIZATION FOR EACH OF
THE 3 YEARS AND SPECIFIC AUTHORIZATIONS OF GRANT FUNDS FOR HAZARDOUS
WASTE MANAGEMENT PROGRAMS, DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE
PLANS, AND RURAL COMMUNITY ASSISTANCE.
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MICROFORM REFILMED; SEE APPENDICES
THE MEASURE ALSO AUTHORIZES AN APPROPRIATION OF $5 MILLION TO THE
DEPARTMENT OF COMMERCE TO ENCOURAGE THE COMMERCIALIZATION OF RESOURCE
RECOVERY TECHNOLOGY. I PROPOSED THAT PROVISION WITH THE CONVICTION THAT
IT COULD CONTRIBUTE SUBSTANTIALLY TO FURTHER PROGRESS IN IMPLEMENTING A
KEY FEATURE OF THE SOLID WASTE PROGRAM AND I CAN REPORT THAT THIS VIEW
IS SHARED BY THE DEPARTMENT.
SECRETARY KREPS HAS, IN RESPONSE TO QUESTIONS I SUBMITTED ON THE
SUBJECT, ALREADY PROVIDED ME WITH A GENERAL OUTLINE OF THE PROGRAM BEING
DRAWN UP TO CARRY OUT THE OBJECTIVE OF THE SPECIAL APPROPRIATION AND
ASSURES ME THAT THE ADVICE AND COOPERATION OF THE INDUSTRIAL COMMUNITY
WILL BE SOUGHT IN OUTLINING AND CARRYING OUT DETAILS OF THE PLAN.
AT LEAST 25 PERCENT OF THE FUNDS APPROPRIATED UNDER THE ACT WOULD
HAVE TO BE USED FOR STATE AND LOCAL SOLID WASTE PLANNING AND MANAGEMENT
ACTIVITIES.
THIS, MR. PRESIDENT, TOGETHER WITH THE INCREASE IN AUTHORIZATIONS
UNDER SECTION 4008(A)(1) MANIFESTS THE COMMITTEE'S STRONG INTENTION THAT
ADEQUATE SUPPORT BE PROVIDED FOR STATE AND LOCAL EFFORTS TO IMPLEMENT
THE ACT. I STREE, TOO, THAT A SIGNIFICANT POFTION OF THESE FUNDS WILL
BE AVAILABLE TO LOCAL GOVERNMENTS AND REGIONAL AUTHORITIES - A
RECOGNITION BY THE COMMITTEE THAT THE URBAN RESOURCE RECOVERY PROGRAM
UNDER SECTION 4008(A)(2) IS NOT SUFFICIENT BY ITSELF TO MEET THE SOLID
WASTE MANAGEMENT PLANNING NEEDS OF LOCAL GOVERNMENTS.
ANOTHER FACTOR WICH CAN CONTRIBUTE TO THE ACCELERATED EFFORT IS THE
PGROGRESS MADE BY THE ENVIRONMENTAL PROTECTION AGENCY IN DEVELOPING
PROGRAM RULES AND GUIDELINES, PARTICULARLY IN THE HAZARDOUS WASTE AREA.
VIRTUALLY ALL OF THEM HAVE EITHER BEEN COMPLETED OR WILL BE FINISHED BY
THE END OF THIS YEAR.
AGENCY REGULATIONS FIGURE IN SEVERAL OF THE AMENDMENTS EMBODIED IN S.
1156.
ONE OF THOSE PROVISIONS GIVES EPA FLEXIBILITY TO CHOSE WHAT PRODUCTS
WOULD BE PURCHASED UNDER THE REQUIREMENTS OF SECTION 6002 OF THE ACT FOR
USE OF RECYCLED MATERIALS AND TO SET THE TIMETABLE FOR ISSUANCE OF NEW
SPECIFICATIONS. THAT SECTION WOULD ALSO EXTEND THE DEADLINE FOR
CHANGING SPECIFICATIONS TO ALLOW USE OF RECYCLED MATERIALS FROM 18
MONTHS TO 5 YEARS.
ANOTHER PROVISION IN THE BILL TEMPORARILY SUSPENDS AN EPA PROPOSAL
UNDER WHICH OIL AND GAS DRILLING FLUIDS MIGHT BE REGULATED AS HAZARDOUS
WASTE. THE COMMITTEE ADOPTED AN AMENDMENT CALLING FOR A 2-YEAR STUDY TO
DETERMINE THE DEGREE OF NEED AND IMPACT OF SUCH A REGULATION BEFORE
DECIDING IF IT SHOULD BECOME EFFECTIVE.
THE REPORTED BILL PROVIDES INTERIM STATUS, WITH PROTECTION AGAINST
PROSECUTION FOR FAILURE TO HAVE A PERMIT, TO ANY FACILITY WHICH IS IN
EXISTENCE ON THE DATE OF PROMULGATION OF REGULATIONS UNDER SUBTITLE C.
THE AGENCY IS UNDER COURT ORDER TO PROMULGATE THOSE REGULATIONS BY
DECEMBER 31, 1979. THE MEANING OF THE PHRASE "IN EXISTENCE" CAN BEST BE
UNDERSTOOD BY REVIEWING THE DISCUSSION OF THE DEFINITION OF "COMMENCED
CONSTRUCTION" IN THE REPORT OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC
WORKS ON THE CLEAN AIR ACT AMENDMENTS OF 1977 (S. REPT. NO. 95-127). A
FACILITY NEED NOT ACTUALLY BE IN OPERATION AND RECEIVING WASTES TO BE
"IN EXISTENCE." IT MUST, HOWEVER, HAVE OBTAINED ALL NECESSARY STATE,
LOCAL, OR FEDERAL PERMITS AND CLEARANCES, AND, BEING JUSTIFIED IN
RELYING ON THOSE PERMITS, THE OWNER OR OPERATOR MUST HAVE MADE A
FINANCIAL COMMITTMENT WHICH CANNOT BE TERMINATED, RELOCATED, OR MODIFIED
WITHOUT A SUBSTANTIAL LOSS.
SECTION 7 OF THE REPORTED BILL AMENDS SECTION 3004 TO MAKE CLEAR THAT
IN ESTABLISHING PERFORMANCE STANDARDS THE ADMINISTRATOR IS AUTHORIZED TO
DISTINGUISH BETWEEN REQUIREMENTS APPROPRIATE FOR NEW FACILITIES AND
THOSE APPROPRIATE FOR FACILITIES IN EXISTENCE ON THE DATE OF
PROMULGATION OF PERTINENT REGULATIONS. THIS AMENDMENT AROSE FROM THE
COMMITTEE'S CONCERN THAT MANY TREATMENT TRAIN LAGOONS WHICH WERE
RECENTLY CONSTRUCTED OR MODIFIED TO COMPLY WITH PERMIT OR PRETREATMENT
REQUIREMENTS UNDER THE CLEAN WATER ACT MIGHT FACE EXTENSIVE
RECONSTRUCTION UNDER THE PROPOSED SECTION 3004 REGULATIONS. THE
COMMITTEE DOES NOT INTEND THAT EXISTING LAGOONS BUILT OR MODIFIED TO
COMPLY WITH THE CLEAN WATER ACT BE SUBJECT TO SUBSTANTIALLY DIFFERENT
DESIGN OR LOCATION STANDARDS FROM THOSE UNDER WHICH THEY WERE BUILT, OR
BE REQUIRED TO UNDERGO SUBSTANTIAL RECONSTRUCTION, UNLESS THEY ARE OVER
A WATER SUPPLY AQUIFER, IN AN AREA WITH AN UNUSUALLY HIGH WATER TABLE
THAT IS USED FOR WATER SUPPLY, OR KNOWN TO BE LEAKING INTO GROUND WATER
USED FOR WATER SUPPLY. REQUIREMENTS FOR GROUND WATER MONITORING AND
LIMITATIONS ON MIGRATION OF SUBSTANCES SHOULD BE SUFFICIENT.
ONE ISSUE NOT DIRECTLY ADDRESSED IN THESE AMENDMENTS HAS COME TO MY
ATTENTION. IN THE PUBLIC COMMENTS ON THE PROPOSED REGULATIONS UNDER
SUBTITLE C, MANY COMMENTATORS SUGGESTED SCHEMES FOR THE CLASSIFICATION
OF HAZARDOUS WASTE, UNDER SECTION 3001, ACCORDING TO THE DEGREE OF
HAZARD. SUCH AN APPROACH IS NOT PERMISSIBLE OR APPROPRIATE UNDER
SECTION 3001, NOR DOES THE REPORTED BILL CONTAIN ANY AMENDMENT WHICH
WOULD PROVIDE THAT FLEXIBILITY. IT WOULD BE UNFORTUNATE IF THE
ENVIRONMENTAL PROTECTION AGENCY WERE TO REPROPOSE ANY OF THE SUBTITLE C
REGULATIONS BASED ON THIS "DEGREE OF HAZARD" THEORY. MUCH TIME WOULD BE
LOST IN AN AREA THAT URGENTLY NEEDS REGULATION, AND THE APPROACH WOULD
BE UNLIKELY TO WITHSTAND JUDICIAL CHALLENGE.
ON THE OTHER HAND, THE PERFORMANCE STANDARDS TO BE ESTABLISHED UNDER
SECTION 3004 SHOUDL CONTAIN WHATEVER IS NECESSARY TO PROTECT HEALTH AND
THE ENVIRONMENT FROM THE HAZARDOUS WASTE IN QUESTION, IN ANY PARTICULAR
DISPOSAL METHOD OR CIRCUMSTANCE. THIS IS THE APPROPRIATE POINT AT WHICH
THE REGULATIONS CAN REFLECT THE DEGREE OF HAZARD OF A WASTE OR A
DISPOSAL PRACTICE. THAT FELXIBILITY CAN BE ACCOMPLISHED WITHIN THE
CURRENT AGENCY CONSIDERATION OF THE PROPOSED REGULATIONS AND THE
COMMENTS RECEIVED IN A MANNER CONSISTENT WITH THE STATUTE.
THE AUTHORIZATION LEVELS IN THE REPORTED BILL, PARTICULARLY FOR 1980,
WERE MADE LARGE ENOUGH TO ACCOMMODATE THE ANTICIPATED BUDGET AMENDMENT
WHICH THE ADMINISTRATION IS TRANSMITTING. THIS BUDGET AMENDMENT
PROVIDES FUNDS FOR A MAJOR ENFORCEMENT INITIATIVE ON HAZARDOUS WASTE
DISPOSAL SITES. THE ENVIRONMENTAL PROTECTION AGENCY, WITH SUPPORT FROM
THE DEPARTMENT OF JUSTICE, WILL CONDUCT A MAJOR PROGRAM TO IDENTIFY
SITES AND DEVELOP ABATEMENT ACTIONS AND ENFORCEMENT CASES AGAINST SUCH
SITES. THE NEWLY ENHANCED ABATEMENT AUTHORITY UNDER SECTION 7003 WILL
BE EMPLOYED TO ITS FULLEST, ALONG WITH CLEANUP AND EMERGENCY RESPONSE
PROVISIONS OF SECTIONS 311 AND 504 OF THE CLEAN WATER ACT.
I EMPHASIZE, MR. PRESIDENT, THAT S. 1156 IS NOT AN ALL-INCLUSIVE
BILL.
IT DOES NOT ATTEMPT TO ADDRESS THE SERIOUS, COMPLEX, AND PRESSING
PROBLEMS THAT HAVE SURFACED IN RECENT MONTHS ON THE HAZARDOUS WASTE AND
TOXIC SUBSTANCES FRONT, ESPECIALLY FOR INACTIVE OR ABANDONED SITES.
THOSE DANGEROUS CONDITIONS, OF WHICH THE LOVE CANAL AND VALLEY OF THE
DRUMS EPISODES ARE HEADLINE-CATCHING EXAMPLES, DEMAND SEPARATE,
SEARCHING INQUIRIES.
THEY ARE GOING TO RECEIVE THAT SPECIAL ATTENTION IN HEARINGS BY THE
ENVIRONMENT AND PUBLIC WORKS SUBCOMMITTEES ON RESOURCE PROTECTION AND
ENVIRONMENTAL POLLUTION DURING THIS MONTH AND IN JULY. SEPARATE
LEGISTLATION WILL BE DEVELOPED TO WHATEVER DEGREE IS NECESSARY TO DEAL
EFFECTIVELY WITH THOSE AND RELATED PROBLEMS. THE PRESIDENT IS EXPECTED
TO SUBMIT LEGISLATION ON THIS SUBJECT SHORTLY. SEVERAL MEMBERS OF OUR
COMMITTEE AND OTHER MEMBERS OF THE SENATE WILL ALSO BE INTRODUCING
BILLS. WE EXPECT THIS AREA TO BE A MAJOR LEGISLATIVE EFFORT BY THE
COMMITTEE IN THE COMING MONTHS.
MEANWHILE, HOWEVER, WE CANNOT DELAY ON REAUTHORIZATION OF THE SOLID
WASTE PROGRAM AS A WHOLE, SO THAT ITS PROGRESS CAN CONTINUE WITHOUT
INTERRUPTION.
S. 1156 IS DESIGNED SPECIFICALLY FOR THAT PURPOSE AND SERVES IT WELL.
I COMMEND IT TO YOUR ATTENTION, AND THAT OF OUR COLLEAGUES, MR.
PRESIDENT, AND URGE ITS PROMPT ADOPTION.
I ALSO ASK YOU TO JOIN ME IN TRIBUTE TO THOSE WHO DID SO MUCH TO MAKE
IT THE EXCELLENT MEASURE NOW BEFORE YOU.
EACH MEMBER OF THE RESOURCE PROTECTION SUBCOMMITTEE CONTRIBUTED IN A
VERY IMPORTANT WAY TO THE BILL AND DESERVE OUR THANKS.
WITHOUT MINIMIZING THE ROLE OF ANY OF THEM, HOWEVER, I WOULD PAY
SPECIAL TRIBUTE TO SUBCOMMITTEE CHAIRMAN JOHN CULVER, TO JOHN CHAFEE,
AND TO THE DISTINGUISHED RANKING MINORITY MEMBER OF THE FULL COMMITTEE,
BOB STAFFORD, FOR THEIR PARTICULAR INDIVIDUAL CONTRIBUTIONS.
FINALLY, CREDIT MUST ALSO BE GIVEN TO THE SUBCOMMITTEE AND FULL
COMMITTEE STAFF MEMBERS WHO WORKED TIRELESSLY AND VERY EFFECTIVELY AS
THEY ALWAYS DO TO MAKE THIS A STRONG AND MEANINGFUL BILL.
YOUR VOTE TODAY WILL BE AN ACKNOWLEDGMENT OF HOW WELL EACH OF THEM -
MEMBERS AND STAFF ALIKE - SUCCEEDED IN THEIR EFFORTS.
THE PRESIDING OFFICER. THE SENATOR'S 5 MINUTES HAVE EXPIRED.
MR. RANDOLPH. I THANK THE CHAIR. I SHALL NOT ASK FOR FURTHER TIME
NOW BUT WILL BE AVAILABLE LATER FOR COMMENT.
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MR. STAFFORD. WILL THE DISTINGUISHED SENATOR YIELD TO ME LONG ENOUGH
FOR A SHORT COLLOQUY, ON MY TIME?
MR. RANDOLPH. YES; I SHALL BE DELIGHTED.
MR. STAFFORD. MR. PRESIDENT, THIS SENATOR HAS LONG HAD A GREAT
INTEREST IN THE NEED TO CONTROL HIGHWAY LITTER, PARTICULARLY THE
LITTERING OF USED BOTTLES AND CANS. AS THE DISTINGUISHED FLOOR MANAGER
(MR. RANDOLPH) KNOWS, THE CONTROVERSY CONTINUES OVER THE BEST WAY TO
CONTROL SUCH LITTER. SOME ARGUE, AS I DO, THAT BOTTLE DEPOSIT LAWS WORK
BEST. OTHERS CONTEND THAT WE NEED IMPROVED RECYCLING SYSTEMS.
THIS LEGISLATION CONTINUES THE EVEN-HANDED APPROACH OF THE PAST,
AVOIDING ANY CHANGE IN THE PRESENT LAW.
IT IS MY UNDERSTANDING THAT THE STATES AND LOCALITIES RETAIN THE
RIGHT, AS IN THE PAST, TO ADOPT DEPOSIT LAWS OR OTHER SOURCE REDUCTION
MEASURES, IF THEY WISH, AND THIS LEGISLATION NEITHER ENCOURAGES NOR
DISCOURAGES THAT KIND OF LOCAL LEGISLATION. IS THAT ALSO THE
UNDERSTANDING OF THE FLOOR MANAGER?
MR. RANDOLPH. MR. PRESIDENT, THE SENATOR FROM VERMONT (MR.
STAFFORD) IS CORRECT. THIS LEGISLATION DOES NOT MAKE ANY CHANGE
IN THE CURRENT FEDERAL APPROACH, WHICH NEITHER ENCOURAGES NOR
DISCOURAGES SUCH LOCAL LEGISLATION.
MR. STAFFORD. I THANK THE DISTINGUISHED CHAIRMAN OF THE COMMITTEE,
THE MAJORITY FLOOR MANAGER OF THIS MEASURE.
ON THIS SIDE OF THE AISLE, THE REAL WORK OF PREPARING THIS MEASURE
HAS BEEN CARRIED OUT BY THE RANKING MINORITY MEMBER OF THE SUBCOMMITTEE
INVOLVED, THE DISTINGUISHED SENATOR FROM RHODE ISLAND (MR. CHAFEE). I
YIELD ALL THE REMAINING TIME OF THE MINORITY AND THE MANAGERSHIP OF THE
BILL TO SENATOR CHAFEE.
MR. CHAFEE. I THANK THE SENATOR.
MR. PRESIDENT. I YIELD MYSELF SUCH TIME AS I MAY NEED. I UNDERSTAND
THAT WE HAVE 30 MINUTES ON OUR SIDE. IS THAT CORRECT?
THE PRESIDING OFFICER. YES. THE SENATOR HAS 27 MINUTES REMAINING.
MR. CHAFEE. I ASK THE CHAIR TO INFORM ME WHEN 8 MINUTES HAVE
EXPIRED.
MR. PRESIDENT, S. 1156 WAS ORDERED REPORTED BY THE COMMITTEE ON
ENVIRONMENT AND PUB IC WORKS ON MAY 15, 1979. THE BILL IS NOT INTENDED
TO ESTABLISH ANY NEW AND BROAD LEGISLATIVE POLICIES. IN FACT, IT IS
MOSTLY A REAUTHORIZATION ACT. ON THE CONTRARY, IT ATTEMPTS TO MAKE
MIDCOURSE CORRECTIONS WHICH ARE NECESSARY FOR THE RESOURCE CONSERVATION
AND RECOVERY ACT TO OPERATE SMOOTHLY AND EFFICIENTLY.
IN THE PAST SEVERAL MONTHS, IT HAS BECOME INCREASINGLY APPARENT THAT
THE DISPOSAL OF WASTES IS A SEVERE PROBLEM FOR THE UNITED STATES. IT
SEEMS THAT EVERY WEEK A NEW STORY SURFACES CONCERNING VAST DAMAGE
RESULTING FROM WASTES WHICH HAVE BEEN DISPOSED OF IMPROPERLY IN THE
PAST. THE PROBLEM IS MOST SEVERE WITH REGARD TO ABANDONED DUMPS,
ALTHOUGH SOME FACILITIES STILL IN OPERATION PRESENT HAZARDS. I WOULD
LIKE TO SAY THAT THIS BILL ADDRESSES AND ATTEMPTS TO SOLVE THE PROBLEM
OF ABANDONED WASTE SITES, BUT IT DOES NOT. IN THIS BILL, WE DO NOT GO
INTO THE MATTER OF ABANDONED SITES. WE TRY TO PREVENT THE DISPOSAL OF
WASTES OCCURRING IN SUCH A FASHION THAT IN THE FUTURE THERE WILL NOT BE
ABANDONED SITES AROUND THE COUNTRY.
IT IS NOT CORRECTIVE LEGISLATION BUT PREVENTIVE LEGISLATION. THIS
BILL IS NOT DESIGNED TO CLEAN UP THE LOVE CANALS OF THE UNITED STATES,
BUT TO PREVENT FUTURE LOVE CANALS.
THE PROBLEMS OF CLEANING UP ABANDONED WASTE SITES AND COMPENSATING
THE VICTIMS OF THOSE CHEMICALS AND OTHER TOXICS RELEASED INTO THE
ENVIRONMENT WILL BE ADDRESSED BY LATER LEGISLATION. THE COMMITTEE HAS
HELD 3 DAYS OF HEARINGS THUS FAR AND PLANS SEVERAL MORE DAYS, BOTH IN
WASHINGTON AND IN THE FIELD. FOLLOWING THESE, I HOPE THAT WE CAN
DEVELOP AND REPORT FOR CONSIDERATION BY THE FULL SENATE NOW ATTEMPTS TO
ADDRESS THE BROADER PROBLEMS OF WASTE DISPOSAL GENERALLY. THE SOLID
WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION AND RECOVERY
ACT OF 1976, REQUIRES THE ENVIRONMENTAL PROTECTION AGENCY TO ISSUE AND
ENFORCE REGULATIONS GOVERNING THE DISPOSAL OF VARIOUS SOLID WASTES AND
HAZARDOUS WASTES. IN ADDITION, THE ACT PROVIDES ASSISTANCE TO STATES,
MUNICIPALITIES, AND REGIONAL AUTHORITIES TO AID THEM IN PLANNING AND
MANAGING DISPOSAL FACILITIES WHICH MEET THE STANDARDS OF THE ACT.
FURTHER, THE ACT SETS STANDARDS FOR GOVERNMENT PROCUREMNT TO
ENCOURAGE THE PURCHASE OF RECYCLED MATERIALS IN ORDER TO DECREASE THE
VOLUMES OF WASTE STREAMS AND TO MAKE MAXIMUM USE OF SUCH MATERIALS. IN
ADDITION, THE ACT GIVES THE COMMERCE DEPARTMENT AUTHORITY TO DEVELOP
SPECIFICATIONS AND TO PROMOTE MARKETS FOR RECYCLED MATERIALS AND FOR
EXCHANGE OF VALUED MATERIALS WHICH MIGHT OTHERWISE BE DISCARDED AS
WASTE.
S. 1156 DOES NOT ATTEMPT TO CHANGE ANY OF THESE POLICY MANDATES, BUT
RATHER TO SMOOTH THE PROCESS OF IMPLEMENTING THEM. THE VAST MAJORITY OF
THE AMENDMENTS ARE PERFECRING IN NATURE AND MERELY MINOR MODIFICATIONS
OF THE SATTUTE. OTHERS, HOWEVER, ARE DEPARTURES FROM THE POLICIES
ESTABLISHED UNDER THE ORIGINAL STATUTE. THESE CONCERN ME.
I AM REFERRING TO A DECISION BY THE COMMITTEE TO EXEMPT THE MUDS,
BRINES, AND OTHER WASTES ASSOCIATED WITH THE PRODUCTION OF OIL AND GAS
FROM REGULATION UNDER THE HAZARDOUS WASTE PROVISION OF RCRA. I HAVE TWO
RESERVATIONS CONCERNING THE COMMITTEE'S ACTION.
THE FIRST CONCERNS THE AMENDMENTS TO EXEMPT THE OIL AND GAS
PRODUCTION WASTES FROM REGULATIONS SO THAT A STUDY COULD BE CONDUCTED AS
TO WHETHER THEY ARE HAZARDOUS TO HUMANS OR TO THE ENVIRONMENT. SOME
OTHER PURPOSES OF THE STUDY ARE ALSO SET FORTH. IT SEEMS TO ME THAT A
DECISION AS TO WHETHER TO REGULATE OR NOT REGULATE THESE WASTES AND
BRINES SHOULD HAVE BEEN LEFT TO THE ADMINISTRATOR OF EPA AFTER A STUDY
IS COMPLETED. RATHER THAN DO THIS, THE COMMITTEE CHOSE TO EXEMPT THESE
WASTES ENTIRELY. BEFORE THESE WASTES CAN BE BROUGHT BACK UNDER THE
UMBRELLA OF REGULATION, BOTH HOUSES OF CONGRESS MUST ACT AFFIRMATIVELY.
IN EFFECT, WE MUST PASS A NEW LAW. I VOICE MY RESERVATIONS ABOUT THAT
IN THE COMMITTEE, BUT THEY WERE OVERRULED.
MY SECOND AND MOST SERIOUS RESERVATION IS FOR THE PRECEDENT WHICH
THIS ESTABLISHES. THE COMMITTEE'S ACTION INVITES PLEAS FROM OTHER
INDUSTRIES TO BE EXCLUDED FROM REGULATION. THOSE PLEAS ARE ALREADY
BEING HEARD. THE PULP AND PAPER INDUSTRY, THE ELECTRICAL UTILITY
INDUSTRY, THE COAL INDUSTRY, THE CHEMICALS INDUSTRY, AND THE HARD ROCK
MINING INDUSTRY ARE ALREADY SEEKING EXEMPTIONS. SOME OF THOSE PROPOSED
EXEMPTIONS WILL BE INCORPORATED IN AMENDMENTS OFFERED ON THE SENATE
FLOOR IN A FEW MINUTES. THE DECISION TO GRANT THEM WILL NOT BE MADE ON
THE MERITS OF ONE PARTICULAR CASE, BUT ON THE PERSUASION OF THE
PARTICULAR INDUSTRY INVOLVED. THE INDUSTRY INTERESTS ARE STANDING IN
LINE ASKING FOR SPECIAL FAVORS.
MR. PRESIDENT, WITH THE EXCEPTION OF THE ONE PROVISION I HAVE
MENTIONED, I THINK THE BILL AS REPORTED BY THE COMMITTEE IS SOUND, AND I
URGE ITS ADOPTION.
MR. BENTSEN. MR. PRESIDENT, I WOULD LIKE TO DISCUSS SECTION 7 OF THE
BILL WITH SENATOR RANDOLPH, THE DISTINGUISHED CHAIRMAN OF THE
ENVIRONMENT AND PUBLIC WORKS COMMITTEE.
MR. RANDOLPH. I AM PLEASED TO DISCUSS THIS SECTION WITH THE SENATOR
FROM TEXAS. SECTION 7 AMENDS SECTION 3004 OF THE ACT TO AUTHORIZE THE
ADMINISTRATION TO DISTINGUISH IN ESTABLISHING PERFORMANCE STANDARDS FOR
HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES BETWEEN
REQUIREMENTS FOR NEW FACILITIES AND THOSE FOR FACILITIES IN EXISTENCE
WHEN THE REGULATIONS UNDER THIS SECTION ARE PROMULGATED. MANY TREATMENT
TRAIN LAGOONS HAVE RECENTLY BEEN CONSTRUCTED OR MODIFIED TO COMPLY WITH
PERMITS ISSUED UNDER THE CLEAN WATER ACT. THIS CLARIFICATION OF THE
ENVIRONMENTAL PROTECTION AGENCY'S ADMINISTRATOR'S AUTHORITY TO
DISTINGUISH BETWEEN NEW AND SUCH EXISTING FACILITIES WILL ALLOW THE
AGENCY TO ESTABLISH APPROPRIATE PERFORMANCE STANDARDS FOR SUCH TREATMENT
TRAIN LAGOONS TO LIMIT ANY GROUND WATER OR OTHER PROBBLEMS ASSOCIATED
WITH THEM. INTEGRATION OF PERMITTING UNDER SUBTITLE C WITH THAT UNDER
SECTION 402 OF THE CLEAN WATER ACT WILL HELP REDUCE SUCH CONFLICTING
REQUIREMENTS IN THE FUTURE.
MR. BENTSEN. AS I RECALL, THE DISCUSSION OF THIS SECTION DURING
COMMITTEE CONSIDERATION OF THIS BILL DURING THE ORIGINAL PROPOSAL OF AN
AMENDMENT BY SENATOR DOMENICI, THE MEMBERS WERE PARTICULARLY CONCERNED
THAT MANY INDUSTRIES AND MUNICIPALITIES HAVE BUILT OR MODIFIED WASTE
WATER TREATMENT FACILITIES SUCH AS WASTE STABILIZATION PONDS OR
CONTAMINATED RAIN WATER RETENTION BASINS OR OTHER FACILITIES TO COMPLY
WITH THE PERMITTING REQUIREMENTS OF THE CLEAN WATER ACT. BECAUSE OF
ENVIRONMENTAL PROTECTION AGENCY REGULATIONS PROPOSED UNDER THE RESOURCE
CONSERVATION AND RECOVERY ACT, THESE ENTITIES ARE NOW FACED WITH THE
POSSIBILITY OF HAVING TO CLOSE THESE WASTE WATER TREATMENT FVCILITIES
AND MODIFY THEM OR BUILD NEW ONES.
AS I SAID DURING THE COMMITTEE'S DISCUSSION OF THIS PROBLEM IT WOULD
MAKE CONGRESS LOOK A BIT RIDICULOUS TO PASS ONE LAW, REQUIRE THE
EXPENDITURE OF A GREAT AMOUNT OF MONEY, AND THEN PASS ANOTHER LAW
REQUIRING THE SAME EXPENDITURE AGAIN.
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IT WAS THE COMMITTEE'S INTENT THAT THE ENVIRONMENTAL PROTECTION
AGENCY GIVE SPECIAL CONSIDERATION TO THOSE FACILITIES WHERE CONSTRUCTION
OR MODIFICATION WAS INITIATED OR COMPLETED PRIOR TO THE PROMULGATION OF
REGULATIONS ASSOCIATED WITH THIS BILL. THE COMMITTEE WOULD, NTICIPATE
THAT THE ENVIRONMENTAL PROTECTION AGENCY WOULD REQUIRE A FAR LOWER
DEGREE OF CONGROL FOR THESE EXISTING FACILITIES THAN FOR NEW FCLITIES.
MR. RANDOLPH. THE SENATOR IS CORRECT IN HIS ASSESSMENT OF THE
COMMITTEE ACTION AND INTENT.
MR. BENTSEN. I HAVE A FURTHER CONCERN WITH THE ENVIRONMENTAL
PROTECTION AGENCY'S HAZARDOUS WASTE REGULATIONS. AS I SAID BEFORE THIS
BODY ON MAY 16, CONGRESS SHOULD CONSIDER WHETHER THESE REGULATIONS
PROPERLY FOCUS ON DEGREE OF HAZARD. RATHER THAN CLASSIFY THE POTENTIAL
HAZARD IN PARTICULAR SITUATIONS, THE ENVIRONMENTAL PROTECTION AGENCY IS
PROPOSING "PASS-FAIL" TEST WHICH W O D DETERMINE WHETHER OR NOT A WASTE
IS HAZARDOUS. THIS ARBITRARY "PASS-FAIL" DETERMINATION DOES NOT
ADEQUATELY RECOGNIZE THE VARYING DEGREES OF HAZARD POTENTIAL OF W STES
OR VARYING CIRCUMSTANCES OF WASTES ULTIMATE CONTAINMENT.
AS A CONSEQUENCE, VOLUMES OF WASTES WHICH WOULD HAVE LITTLE OR NO
IMPACT ON HEALTH AND THE ENVIRONMENT COULD BE RULED "HAZARDOUS" UNDER
THE PROPOSED ENVIRONMENTAL PROTECTION AGENCY REGULATIONS. CONSIDERING
THE HAZARDOUS WASTE DISPOSAL SITES ARE ALREADY IN SHORT SUPPLY AND THAT
IT IS BECOMING MORE AND MORE DIFFICULT TO ESTABLISH NEW DISPOSAL SITES,
I BELIEVE THAT CONGRESS SHOULD INSTRUCT THE ENVIRONMENTAL PROTECTION
AGENCY TO CONCENTRATE ITS REGULATORY EFFORTS ON THOSE CATEGORIES OF
WASTES WHICH REPRESENT SEVERE AND PRESSING HAZARDS. MOREOVER, I WOULD
SERIOUSLY RECOMMEND THAT THE ENVIRONMENTAL PROTECTION AGENCY CONSIDER
DEVELOPING A SYSTEM OF CATEGORIZING HAZARDOUS WASTES ACCORDING TO THE
DEGREE OF POTENTIAL HAZARD TO HEALTH AND THE ENVIRONMENT. I BELIEVE
THAT SUCH DISCRETION EXISTS UNDER THE EXISTING LAW.
MR. RANDOLPH. I UNDERSTAND THE SENATOR'S CONCERN ON THESE ISSUES. I
AGREE THAT THE ENVIRONMENTAL PROTECTION AGENCY SHOULD EXERCISE THE
FLEXIBILITY IN THE ACT TO MAKE PERFORMANCE STANDARDS FOR FACILITIES
REFLECT THE POTENTIAL RISK OF THE WASTE IN QUESTION AND THE PARTICULAR
DISPOSAL PRACTICE.
MR. BENTSEN. FURTHER, MR. PRESIDENT, I WOULD LIKE TO RESPOND TO MY
GOOD FRIEND FROM RHODE ISLAND, ON THE QUESTIONS OF DRILLING MUD AND
BRINE WATERS. IN TEXAS, FOR EXAMPLE, OVER 700,000 WELLS HAVE BEEN
DRILLED. WE HAVE SOME 270,000 OF THESE WELLS IN OPERATION TODAY. ABOUT
15,000 WILL BE DRILLED THIS YEAR. THESE DRILLING EFFORTS HAVE BEEN WELL
CONTRO LED BY EXISTING STATE AGENCIES WITH REGULATIONS THAT WERE
PROMULGATED IN 1969 TO CONTROL THE TYPES OF DISPOSAL PRACTICES THAT THE
ENVIRONMENTAL PROTECTION AGENCY HAS BEEN ATTEMPTING TO ADDRESS IN ITS
NEWLY PROPOSED REGULATIONS. QUITE FRANKLY, I WOULD RATHER SEE THE EPA
ADDRESS ITS EFFORTS TO THOSE DISPOSAL PROBLEMS THAT HAVE NOT HAD THE
KIND OF CONTROL THAT EXISTING STATE AND FEDERAL REGULATIONS HAVE
PROVIDED ON THE EXPLORATION AND PRODUCTION OF CRUDE OIL AND NATURAL GAS.
A STUDY WILL BE MADE UNDER THE COMMITTEE BILL. IT WILL BE MADE OVER
THE NEXT 2 YEARS, AND I HAVE CONDFIDENCE IN CONGRESS IN BEING ABLE TO
RESOLVE THE ISSUES THAT MAY RESULT FROM IT, TO FACE UP TO ANY PROBLEMS
THAT MAY BE FOUND.
I DO NOT CARE TO SEE THAT RESPONSIBILITY DELEGATED TO THE EPA. WE
WILL HAVE A CHANCE TO CONSIDER WHATEVER THAT STUDY MAY SHOW, AND IF IT
SHOWS PROBLEMS THAT WE HAVE NOT SEEN AND WERE NOT APPARENT IN WHAT WAS
PRESENTED TO US, THEN I WILL BE QUITE WILLING TO VOTE FOR REGULATIONS TO
TRY TO CORRECT THEM.
MR. RANDOLPH. MR. PRESIDENT, MAY I INQUIRE AS TO THE TIME ON BOTH
THE MAJORITY AND MINORITY SIDES AT THE PRESENT?
THE PRESIDING OFFICER. THE MAJORITY HAS 15 MINUTES AND 45 SECONDS
REMAINING: THE MINORITY HAS APPROXIMATELY 22 MINUTES REMAINING.
MR. RANDOLPH. I KNOW THE SENATOR FROM KENTUCKY HAS AN IMPORTANT
AMENDMENT. I THINK THAT WE SHOULD HAVE THAT AT THIS TIME AND THEN I
WILL OFFER AN AMENDMENT LATER.
MR. HUDDLESTON. I THANK THE DISTINGUISHED MANAGER OF THE BILL.
PURPOSE: (TO SUSPEND FULL REGU LTION OF UTILITY WASTE AS A HAZARDOUS
WASTE DURING A STUDY OF THE HAZARDS OF SUCH WASTE)
MR. HUDDLESTON. MR. PRESIDENT, I SEND TO THE DESK AN AMENDMENT ON
BEHALF OF MYSELF, MR. ROBERT C. BYRD OF WEST VIRGINIA, AND MR. FORD OF
KENTUCKY.
THE PRESIDING OFFICER. THE AMENDMENT WILL BE STATED. THE
LEGISLATIVE CLERK READ AS FOLLOWS:
THE SENATOR FROM KENTUCKY (MR. HUDDLESTON) FOR HIMSELF, MR. ROBERT C.
BYRD, AND MR. FORD, PROPOSES UP AMENDMENT NO. 206.
MR. HUDDLESTON. MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT THE
READING OF THE AMENDMENT BE DISPENSED WITH.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
THE AMENDMENT IS AS FOLLOWS:
ON PAGE 3, LINE 15, STRIKE "PARAGRAPH" AND INSERT IN LIEU THEREOF
"PARAGRAPHS".
ON PAGE 5, AFTER LINE 13, INSERT THE FOLLOWING:
"(3)(1) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, FLY ASH WASTE, BOTTOM ASH WASTE, SLAG WASTE, AND FLUE GAS
EMISSION CONTROL WASTE GENERATED PRIMARILY FROM THE COMBUSTION OF COAL
OR OTHER FOSSIL FUELS SHALL BE SUBJECT ONLY TO EXISTING STATE OR FEDERAL
REGULATORY PROGRAMS IN LIEU OF SUBTITLE C UNTIL AT LEAST SIX MONTHS
AFTER THE DATE REQUIRED FOR SUBMISSION OF THE STUDY REQUIRED UNDER
SECTION 8002(C) OF THIS ACT AND AFTER PROMULGATION OF REGULATIONS IN
ACCORDANCE WITH SUBPARAGRAPH (B) OF THIS PARAGRAPH: PROVIDED, THAT
OWNERS AND OPERATORS OF DISPOSAL SITES FOR SUCH WASTES MAY BE REQUIRED
BY THE ADMINISTRATOR, THROUGH REGULATIONS PRESCRIBED UNDER AUTHORITY OF
SECTION 2002 OF THIS ACT, (1) AS TO DISPOSAL SITES FOR SUCH WASTES WHICH
ARE TO BE CLOSED, TO IDENTIFY THE LOCATIONS OF SUCH SITES THROUGH
SURVEYING, PLATTING, OR OTHER MEASURES, TOGETHER WITH RECORDATION OF
SUCH INFORMATION ON THE PUBLIC RECORD, SO AS TO ASSURE THAT THE LOCATION
WHERE SUCH WASTES ARE DISPOSED OF IS KNOWN AND CAN BE LOCATED IN THE
FUTURE, AND (II) TO PROVIDE CHEMICAL AND PHYSICAL ANALYSIS AND
COMPOSITION OF SUCH WASTES, BASED ON AVAILABLE INFORMATION, TO BE PLACED
ON THE PUBLIC RECORD.
"(B) NOT LATER THAN SIX MONTHS AFTER COMPLETION AND SUBMISSION OF THE
STUDY REQUIRED BY SECTION 8002(O) OF THIS ACT, THE ADMINISTRATOR SHALL,
AFTER PUBLIC HEARINGS AND AN OPPORTUNITY FOR COMMENT, EITHER DETERMINE
TO PROM0 GATE REGULATIONS UNDER THIS SUBTITLE FOR FLY ASH WASTE, BOTTOM
ASH WASTE, SLAG WASTE, OR FLUE GAS EMISSION CONTROL WASTE GENERATED
PRIMARILY FROM THE COMBUSTION OF COAL OR OTHER FOSSIL FUELS, OR
DETERMINE THAT SUCH REGULATIONS ARE UNWARRANTED. THE ADMINISTRATOR
SHALL PUBLISH HIS DECISION IN THE FEDERAL REGISTER ACCOMPANIED BY AN
EXPLANATION AND JUSTIFICATION OF THE REASONS FOR IT. IN MAKING THE
DECISION UNDER THIS PARAGRAPH, THE ADMINISTRATOR SHALL UTILIZE THE
INFORMATION DEVELOPED OR ACCUMULATED PURSUANT TO THE STUDY REQUIRED
UNDER SECTION 8002 OF THIS ACT."
ON PAGE 15, LINE 24, STRIKE "A NEW SUBSECTION" AND INSERT IN LIEU
THEREOF "TWO NEW SUBSECTIONS".
ON PAGE 17, AFTER LINE 22, INSERT THE FOLLOWING:
"(O) MATERIALS GENERATED FROM THE COMBUSTION OF COAL AND OTHER FOSSIL
FUELS-- THE ADMINISTRATOR SHALL CONDUCT A DETAILED AND COMPREHENSIVE
STUDY AND SUBMIT A REPORT ON THE ADVERSE EFFECTS ON HUMAN HEALTH AND THE
ENVIRONMENT, IF ANY, OF THE DISPOSAL AND UTILIZATION OF FLY ASH WASTE,
BOTTOM ASH WASTE, SLAG WASTE, FLUE GAS EMISSION CONTROL WASTE, AND OTHER
BY-PRODUCT MATERIALS GENERATED PRIMARILY FROM THE COMBUSTION OF COAL OR
OTHER FOSSIL FUELS. SUCH STUDY SHALL INCLUDE AN ANALYSIS OF:
"(A) THE SOURCE AND VOLUMES OF SUCH MATERIAL GENERATED PER YEAR;
"(B) PRESENT DISPOSAL AND UTILIZATION PRACTICES;
"(C) POTENTIAL DANGER, IF ANY, TO HUMAN HEALTH AND THE ENVIRONMENT
FROM THE DISPOSAL AND REUSE OF SUCH MATERIALS;
"(D) DOCUMENTED CASES IN WHICH DANGER TO HUMAN HEALTH OR THE
ENVIRONMENT FROM SURFACE RUNOFF OR LEACHATE HAS BEEN PROVED;
"(E) ALTERNATIVES TO CURRENT DISPOSAL METHODS:
"(F) THE COSTS OF SUCH ALTERNATIVES;
"(G) THE IMPACT OF THOSE ALTERNATIVES ON THE USE OF COAL AND OTHER
NATURAL RESOURCES; AND
"(H) THE CURRENT AND POTENTIAL UTILIZATION OF SUCH MATERIALS.
IN FURTHERANCE OF THIS STUDY, THE ADMINOSTRATOR SHALL, AS HE DEEMS
APPROPRIATE, REVIEW STUDIES AND OTHER SECTIONS OF OTHER FEDERAL AND
STATE AGENCIES CONCERNING SUCH MATERIAL AND INVITE PARTICIPATION BY
OTHER CONCERNED PARTIES, INCLUDING INDUSTRY AND OTHER FEDERAL AND STATE
AGENCIES, WITH A VIEW TOWARDS AVOIDING DUPLICATION OF EFFORT. THE
ADMINOSTRATOR SHALL PUBLISH A REPORT ON SUCH STUDY WHICH SHALL INCLUDE
APPROPRIATE FINDINGS, NOT LATER THAN TWENTY-FOUR MONTHS AFTER THE
ENACTMENT OF THE SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1979. SUCH
STUDY AND FINDINGS SHALL BE SUBMITTED TO THE COMMITTEE ON ENVIRONMENT
AND PUBLIC WORKS OF THE UNITED STATES SENATE AND THE COMMITTEE ON
INTERSTATE AND FOREIGN COMMERCE OF THE UNITED STATES HOUSE OF
REPRESENTATIVES.
MR. HUDDLESTON. MR. PRESIDENT, IT IS MY UNDERSTANDING THAT THIS
AMENDMENT HAS BEEN CLEARED BY THE COMMITTEE ON BOTH SIDES OF THE AISLE.
I RISE TO OFFER AN AMENDMENT TO THE SOLID WASTE DISPOSAL ACT
AMENDMENTS OF 1979, RELATING TO THE REGULATION OF BYPRODUCTS PRODUCED
FROM THE COMBUSTION OF COAL AND OTHER FOSSIL FUELS. THE SENATE IS WELL
AWARE OF THE INTEREST OF MY STATE IN THE PRODUCTION AND UTILIZATION OF
COAL AND THE STATUS OF KENTUCKY AS A LEADING PRODUCER OF THIS VITAL
FUEL.
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THE PRESENT AND ANTICIPATED SHORTAGE OF PETROLEUM PRODUCTS ONCE AGAIN
HAS ILLUSTRATED THIS NATION'S OVERRELIANCE ON THE DWINDLING SUPPLY OF
OIL AS A MAJOR SOURCE OF ENERGY, AND OUR CORRESPONDING FAILURE TO
UTILIZE OUR MOST ABUNDANT ENERGY SOURCE-- COAL.
UNFORTUNATELY, MANY GOVERNMENT REGULATORY PROGRAMS HAVE THE EFFECT OF
ADDING TO THIS COUNTRY'S FAILURE TO FULLY UTILIZE OUR COAL RESOURCES.
THIS CONCLUSION WAS BROUGHT HOME TO ME AS A RESULT OF RECENT HEARINGS,
WHICH I CHAIRED, ON THE IMPACT OF GOVERNMENT REGULATIONS ON COAL
PRODUCTION AND UTILIZATION. OVER 3 DAYS OF HEARINGS IN LEXINGTON, KY.,
AND WASHINGTON, D.C., ON MAY 11, 14, AND 15, I RECEIVED TESTIMONY FROM
OVER 70 PERSONS FROM GOVERNMENT, COAL PRODUCERS, CONSUMERS,
ENVIRONMENTAL ORGANIZATIONS, AND OTHER INTERESTED PARTIES. WHILE NOT
ALL THESE WITNESSES SPOKE WITH A SINGLE VOICE, THE OVERALL MESSAGE WAS
ONE OF CONFUSION AND DISARRAY WITH RESPECT TO GOVERNMENT POLICIES ON THE
USE OF COAL.
MANY GOVERNMENT REGULATORY PROGRAMS IN FACT DISCOURAGE THE INCREASED
UTILIZATION OF COAL BY INFLICTING OVERLAPPING AND UNDULY BURDENSOME
REGULATORY REQUIREMENTS. ONE PROGRAM WHICH COULD PRODUCE SUCH A RESULT
IS THAT PROPOSED BY THE ENVIRONMENTAL PROTECTION AGENCY UNDER THE
AUTHORITY OF THE SOLID WASTE DISPOSAL ACT TO REGULATE THE MANAGEMENT AND
CONTROL OF HAZARDOUS WASTE FROM GENERATION TO F.NAL DISPOSAL. TESTIMONY
AT THE HEARINGS INDICATED THAT THIS REGULATORY PROGRAM, CRUCIAL FOR
PROTECTION OF THIS NATION'S ENVIRONMENTAL QUALITY THROUGH THE CONTROL OF
TRULY HAZARDOUS WASTES, COULD WELL, BECAUSE OF ITS OVERLY BROAD
IMPLEMENTATION, INCLUDE THE OVERCONTROL OF MATERIALS, SUCH AS BYPRODUCTS
OF COAL AND OTHER FOSSIL FUELS COMBUSTION-- FLY ASH, BOTTOM ASH, AND
FLUE-GAS EMISSION CONTROL WASTE-- WHICH HAVE NEVER BEEN DEMONSTRATED TO
BE ENVIRONMENTALLY HARMFUL. SOLID WASTE BYPRODUCTS OF THE COMBUSTION OF
COAL AND OTHER FOSSIL FUELS HAVE BEEN PRESENT IN THE ENVIRONMENT OF THIS
COUNTRY SINCE FOSSIL FUELS WERE FIRST USED, AND OUR PRACTICAL EXPERIENCE
WITH THESE BYPRODUCTS HAS REVEALED NO INSTANCE WHERE THE ASH, SLAG, OR
SLUDGE COULD BE SHOWN TO HAVE POSED A SUBSTANTIAL HAZARD TO HUMA HEALTH
OF THE ENVIRONMENT.
NONETHELESS, THE INTERIM REGULATIONS PROPOSED FOR THESE FOSSIL FUEL
COMBUSTION BYPRODUCTS, INCLUDING AN ESTIMATED $1 BILLION OF ADDITIONAL
COSTS OVER A 3-YEAR PERIOD FOR THE ELECTRIC UTILITY INDUSTRY ALONE.
THESE BURDENS AND COSTS WOULD BE IMPOSED DESPITE THE FACT THAT EPA HAS
ADMITTED TO A LACK OF INFORMATION ON THE DEGREE OF HAZARD, IF ANY, OF
THESE WASTES, AND RECOGNIZES THAT ANY POTENTIAL HAZARDS ARE RELATIVELY
LOW.
ONE OF THE PRINCIPAL IMPACTS OF THIS OVERBROAD REGULATORY PROGRAM ON
FISSIL FUEL COMBUSTION BYPRODUCTS WOULD BE TO SEVERELY DISCOURAGE, IF
NOT ELIMINATE ENTIRELY, THEIR REUSE. THIS WOULD RUN COUNTER TO ONE OF
THE PRINCIPAL AIMS OF OUR 1976 AMENDMENTS TO THIS ACT, WHICH WAS "TO
CONSERVE VALUABLE MATERIAL" BASED ON A FINDING THAT "MILLIONS OF TONS OF
RECOVERABLE MATERIAL WHICH COULD BE USED ARE NEEDLESSLY BURIED EACH
YEAR." ENACEMENT OF THE 1976 AMENDMENTS-- THE RESOURCE CONSERVATION AND
RECOVERY ACT-- WAS INTENDED TO STIMULATE RECOVERY AND REUSE OF DISCARDED
MATERIALS AND THEREBY LESSEN THE NATION'S SOLID WASTE BURDEN. CERTAINLY
CONGRESS DID NOT INTEND TO IMPOSE ADDITIONAL CONSTRAINTS ON BENEFICIAL
REUSES OF DISCARDED MATERIALS-- THE LIKELY RESULT OF IMPOSITION OF THE
PROPOSED REGULATIONS ON FOSSIL FUEL COMBUSTION BYPRODUCTS. THESE
BYPRODUCTS ARE PRESENTLY USED-- AT A GROWING RATE-- FOR SUCH THINGS AS
ROADBEDS, RAW MATERIAL IN CEMENT AND OTHER CONSTRUCTION ITEMS,
STRUCTURAL FILLS, AND ICE AND SNOW CONTROL. POTENTIALLY PROMISING IS
THEIR USE IN STRIP MINE RECLAMATION AND IN A NUMBER OF OTHER BENEFICIAL
USES.
I AM OFFERING THIS AMENDMENT BASED ON MY CONVICTION THAT ADDITIONAL
REGULATION-- BEYOND THAT ALREADY IMPOSED BY EXISTING STATE AND FEDERAL
PROGRAMS-- IS NOT WARRANTED IN LIGHT OF THE PRESENT LACK OF ANY
DEMONSTRATED HAZARD OR NEED. MY AMENDMENT IS SIMPLE; IT CALLS FOR
SUSPENSION OF ADDITIONAL REGULATION UNDER THE SOLID WASTE DISPOSAL ACT
PENDING A DETAILED STUDY BY EPA OF THE DEGREE OF HAZARD-- IF ANY-- POSED
BY THESE MATERIALS, THE ADEQUACY OF PRESENT DISPOSAL PRACTICES, AND
CURRENT AND POTENTIAL REUSE. UPON COMPLETION OF THE STUDY, THE
ADMINISTRATOR WOULD CONDUCT A RULEMAKING TO DETERMINE WHETHER ANY
REGULATION IS CALLED FOR UNDER THE SOLID WASTE DISPOSAL ACT.
THIS AMENDMENT RECOGNIZES THAT THE REGULATORY PROGRAM PROPOSED BY EPA
WOULD HAVE A SIGNIFICANT IMPACT ON THE UTILIZATION OF COAL AND OTHER
FOSSIL FUELS AND THE REUSE OF THEIR COMBUSTION BYPRODUCTS. THEREFORE,
ADDITIONAL REGULATIONS ON THESE MATERIALS WOULD NOT BE PROMULGATED UNTIL
FURTHER INFORMATION IS DEVELOPED TO DETERMINE WHETHER A SUFFICIENT
DEGREE OF HAZARD EXISTS TO WARRANT ADDITIONAL REGULATIONS, AND WHETHER
EXISTING STATE OR FEDERAL PROGRAMS ADEQUATELY CONTROL ANY SUCH HAZARDS.
IN THE RULEMAKING PROCEEDING PROVIDED FOR IN MY AMENDMENT, THE
ADMINISTRATOR SHOULD BE EXTREMELY CAUTIOUS IN IMPOSING ANY ADDITIONAL
REGULATIONS ON THESE MATERIALS, PARTICULARLY IN VIEW OF THE RESULTING
DISCOURAGEMENT OF COAL USE AND THE RECOVERY AND REUSE OF VALUABLE FOSSIL
FUEL COMBUSTION BYPRODUCTS.
THE AMENDMENT ALSO REQUIRES THAT CERTAIN INFORMATION BY PLACED INTO
THE PUBLIC RECORD IN THE EVENT THAT THE STUDY, AND SUBSEQUENT EPA
RULEMAKING, INDICATE THAT CORRECTIVE ACTION WOULD BE NECESSARY.
SPECIFICALLY, AS TO SITES WHICH ARE TO BE CLOSED, INFORMATION LOCATING
THE DISPOSAL SITE AND A CHEMICAL AND PHYSICAL DESCRIPTION OF THE
DIDPOSED MATERIALS ARE TO BE PLACED ON THE PUBLIC RECORD. THE
DESCRIPTION OF THE CHEMICAL AND PHYSICAL COMPOSITION COULD BE OBTAINED
BY UTILIZING AVAILABLE INFORMATION FROM OPERATING RECORDS ON THE
COMPOSITION OF THE RAW MATERIALS UTILIZED IN THE COMBUSTION PROCESS, AND
OF THE WASTE PRODUCTS BEING DISPOSED OF. ADDITIONAL TESTING AND
ANALYSIS SHOULD BE REQUIRED ONLY IF ADEQUATE INFORMATION IS NOT
AVAILABLE FROM OTHER SOURCES.
MR. PRESIDENT. I ASK UNANIMOUS CONSENT THAT A FACT SHEET ON THIS
FOSSIL FUEL COMBUSTION BYPRODUCTS AMENDMENT BE PRINTED IN THE RECORD.
THERE BEING NO OBJECTION, THE FACT SHEET WAS ORDERED TO BE PRINTED IN
THE RECORD, AS FOLLOWS:
EPA PROPOSED REGULATIONS FOR THE DISPOSAL OF HAZARDOUS WASTES
PURSUANT TO THE RESOURCE CONSERVATION AND RECOVERY ACT OF DECEMBER 18,
1976. THOSE PROPOSALS WOULD PLACE UTILITY WASTES PRODUCED FROM THE
COMBUSTION OF FOSSIL FUELS IN A SPECIAL WASTES CATEGORY WITH INTERIM
DISPOSAL REQUIREMENTS PENDING A LATER RULEMAKING. IN PROPOSING THIS
SPECIAL WASTE CATEGORY, EPA ADMITS TO A LACK OF INFORMATION OF THE
DEGREE OF HAZARD, IF ANY, OF THESE WASTES AND RECOGNIZES THAT ANY
POTENTIAL HAZARDS "ARE RELATIVELY LOW"(43 FED. REG. 58991-92). HOWEVER,
THE PROPOSED REGULATIONS WOULD IMPOSE EXTENSIVE ADDITIONAL INTERIM
REQUIREMENTS ON DISPOSAL OF THESE WASTES DESPITE THE LACK OF ANY
DEMONSTRATED NEED.
WHILE SOME OF THESE REQUIREMENTS MAY BE MET AT SOME EXISTING
FACILITIES BASED ON REQUIREMENTS OF A PARTICULAR SITE, IMPOSING THESE
REQUIREMENTS AT ALL SITES, BOTH EXISTING AND NEW, WILL REQUIRE
EXPENDITURES OF APPROXIMATELY $1 BILLION DURING THE FIRST THREE YEARS OF
REGULATION. SPECIFICALLY, THE PROPOSED REGULATIONS WOULD, AMONG OTHER
THINGS REQUIRE:
(1) DETAILED CHEMICAL AND PHYSICAL ANALYSIS OF THE WASTE MATERIALS.
SUCH ANALYSIS WOULD BE COSTLY, TIME CONSUMING, AND UNNECESSARY SINCE
PLANT OPERATION REQUIRES ANALYSIS OF INCOMING COAL SUPPLIES. SUCH
ANALYSIS PROVIDES ADEQUATE KNOWLEDGE OF THE COMPOSITION OF THE
RELATIVELY HONOGENEOUS WASTE PRODUCED IN THE COMBUSTION PROCESS (SEC.
250 43(F).
(2) SITING RESTRICTIONS APPLIED TO "NEW SOURCES" WOULD PROHIBIT
LOCATION OF DISPOSAL FACILITIES IN A 500-YEAR FLOODPLAIN, WETLAND IN AN
ACTIVE FAULT ZONE, COASTAL HIGH-HAZARD AREA, OR "SO AS TO BE LIKELY TO
JEOPARDIZE THIS CONTINUED EXISTENCE" OF A THREATENED OR ENDANGERED
SPECIES. SINCE STEAM ELECTRIC POWER PLANTS MUST BE LOCATED NEAR A
SOURCE OF WATER, THE F OOD PLAIN, WETLANDS, AND COASTAL AREA
PROHIBITIONS WOULD ELIMINATE MANY AVAILABLE PLANT SITES AND WOULD RULE
OUT SITING DISPOSAL FACILITIES IN ALMOST THE ENTIRE STATES OF FLORIDA
AND LOUISIANA. THESE PROHIBITIONS WOULD FORCE EXPENXIVE AND LESS
ENVIRONMENTALLY DESIRABLE SITING CHOICES FOR NEW PLANTS PRIOR TO ANY
DEMONSTRATION OF NEED FOR THESE PROHIBITIONS. AND, ONCE THESE SITING
DECISIONS HAVE BEEN MADE FOR MAJOR GENERATING FACILITIES, THE
CONSEQUENCES ARE EFFECTIVELY IRREVERSIBLE FOR THE 40 YEAR LIFE OF THE
FACILITY. (SEC. 250.43-1). SITING OF UTILITY GENERATING FACILITIES IS
PRESENTLY REGULATED BY NUMEROUS FEDERAL, STATE, AND LOCAL STATUTES AND
REGULATIONS, INCLUDING NEPA, THE CLEAN AIR ACT, AND THE FEDERAL WATER
POLLUTION CONTROL ACT, AMONG OTHERS.
(3) SECURITY PROVISIONS WOULD REQUIRE A 6-FOOT FENCE SURROUNDING THE
DISPOSAL FACILITY AND A CONTROLLED ACCESS TO PREVENT UNAUTHORIZED ENTRY.
SUCH A REQUIREMENT IS UNNECESSARY SINCE MANY PLANT SITES HAVE
CONTROLLED ACCESS OR ARE LOCATED AT SITES WHERE SUCH ENTRY IS NOT A
PROBLEM. WHILE SUCH REQUIREMENTS MAY BE APPROPRIATE FOR HIGHLY TOXIC
CHEMICALS, THEY ARE QUESTIONABLE AT BEST WHEN DEALING WITH THESE UTILITY
WASTES (SEC. 250-43-2).
(4) PAPERWORK REQUIREMENTS WOULD REQUIRE VOLUMINOUS AND BURDENSOME
DOCUMENTATION OF THE MOVEMENT AND QUANTITY OF WASTE MATERIALS DISPOSED
OF. SINCE MOST OF THESE MATERIALS ARE TRANSPORTED DIRECTLY TO ON-SITE
DISPOSAL FACILITIES, SUCH PAPERWORK REQUIREMENTS ARE QUESTIONABLE AT
BEST, AND UNNECESSARY AT WORST.
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IN PARTICULAR, THE MANIFEST PROVISION, TO REQUIRE A DOCUMENT TO
ACCOMPANY EACH OFFSITE SHIPMENT, WOULD DISCOURAGE, IF NOT ELIMINATE SALE
FOR REUSE, SUCH AS IN CONSTRUCTION, ROADBUILDING, ETC., OF THOSE WASTE
MATERIALS. (SEC. 250-43-5).
(5) THE POST-CLOSURE PROVISIONS WOULD REQUIRE THE OWNER/OPERATOR TO
PROVIDE FOR (ILLEGIBLE WORD) YEARS OF POST-CLOSURE CARE OF THE DISPOSAL
FACILITY. THERE IS NO DEMONSTRATED NEED FOR THE MEASURES REQUIRED ON
THEIR PRESENT IMPLEMENTATION AT UTILITY WASTE DISPOSAL FACILITIES. ANY
POST-CLOSURE REQUIREMENTS SHOULD BE CONSIDERED IN THE STUDY PROVIDED FOR
IN PROPOSED SECTION 8002(O).
(6) MONITORING REQUIREMENTS ARE OPEN-ENDED, EXPENSIVE, AND PREMATURE
IN LIGHT OF EPA'S ONGOING STUDY OF UTILITY WASTE DISPOSAL PRACTICES.
THE EPA STUDY IS DESIGNED TO PROVIDE PRECISELY THE TYPES OF INFORMATION
REQUIRED OF EACH OWNER OPERATOR BY THIS PROVISION, DESPITE THE ABSENCE
OF EVIDENCE OF ADVERSE EFFECTS.
THE BASIS FOR REGULATION AS A HAZARDOUS WASTE INCLUDING THE SPECIAL
WASTE CATEGORY, IS PROVIDED BY THE TEST PROCEDURES PROPOSED BY EPA IN
SEC. 250-13. THE EXTRACTION PROCEDURE PROPOSED AS PART OF THE TEST FOR
TOXICITY IN DETERMINING "HAZARDOUSNESS" HAS BEEN STRENUOUSLY CRITICIZED
BY THE SCIENTIFIC COMMUNITY AS NOT REFLECTIVE OF THE "REAL WORLD"
ENVIRONMENT. USE OF THIS PROCEDURE PRODUCES OVERLY INCLUSIVE RESULTS
SUCH AS DESIGNATING AS "HAZARDOUS" SUCH COMMON SUBSTANCES AS COCA-COLA
AND SEAWATER. THEREFORE, USE OF THE PROPOSED TEST TO DETERMINE
"HAZARDOUSNESS" AS A BASIS FOR REGULATION CAN BE MISLEADING IN MANY
CASES AND REQURE REGULATION OF SUBSTANCES WHICH, BY ANY RATIONAL
STANDARD DO NOT POSE A "SUBSTANTIAL . . . HAZARD TO HUMAN HEALTH OR THE
ENVIRONMENT." (RCRA SEC. 1004(5).
THE AMENDMENT IS PROPOSED IN ORDER TO SUSPEND IMPOSITION OF THE
REGULATORY REQUIREMENTS AND COSTS DISCUSSED IN THE ABSENCE OF ANY
DEMONSTRATED NEED FOR THEM. THE AMENDMENT WOULD SUSPEND THE INTERIM
REGULATIONS AND REQUIRE AN EPA STUDY TO DETERMINE THE NATURE OF THE
WASTES INVOLVED, DEGREE OF HAZARDOUSNESS, IF ANY, UNDER PRESENT DISPOSAL
AND REUSE PRACTICES, AND THE IMPACT OF REGULATION ON REUSE. UPON
COMPLETION OF THE STUDY, THE ADMINISTRATOR WOULD DETERMINE, BASED ON THE
STUDY AND OTHER INFORMATION, WHETHER REGULATION SHOULD BE IMPOSED ON
THESE WASTE MATERIALS. THIS AMENDMENT WOULD, IN NO WAY, ALTER THE
EXISTING REGULATORY REQUIREMENTS FOR DISPOSAL AND REUSE, BUT WOULD
PREVENT THE IMPOSITION OF ADDITIONAL AND UNJUSTIFIED REGULATIONS PRIOR
TO A DEMONSTRATION OF NEED.
MR. HUDDLESTON. MR. PRESIDENT, IN FURTHER EXPLANATION OF WHAT THIS
AMENDMENT WILL DO, IT SIMPLY REQUIRES THAT EPA WITHHOLD THE IMPOSITION
OF PENDING INTERIM REGULATIONS RELATING TO THE DISPOSAL OF FOSSIL FUEL
COMBUSTION BYPRODUCTS UNTIL SUCH TIME AS THE AGENCY CAN MAKE A
DETERMINATION AS TO WHETHER OR NOT THESE PRODUCTS DO IN FACT CONSTITUTE
A HAZARD TO HUMAN HEALTH OR THE ENVIRONMENT.
WE ARE NOT ASKING THAT EPA COME BACK AND REQUIRE US TO PASS A LAW
BASED ON THEIR FINDINGS BUT RATHER THAT THEY GO THROUGH THE REGULATORY
PROCESS ONLY AFTER THEY MAKE A DETERMINATION AS TO JUST WHAT IS REALLY
INVOLVED HERE AND WHETHER IT IS NECESSARY TO IMPOSE ADDITIONAL
REGULATIONS.
MR. FORD. MR. PRESIDENT, GIVEN THE LACK OF DOCUMENTATION ABOUT THE
POTENTIAL HAZARDS OF UTILITY WASTES FROM THE COMBUSTION OF FOSSIL FUELS,
THERE IS GOOD REASON FOR THE SENATE TO APPROVE THE AMENDMENT OFFERED BY
MY COLLEAGUE FROM KENTUCKY.
THE ENVIRONMENTAL PROTECTION AGENCY ITSELF HAS ADMITTED THAT IT LACKS
INFORMATION ON ANY POTENTIAL HAZARD OF THESE WASTES AND ALREADY HAS
INDICATED THAT EVEN THE CHANCE OF ANY POTENTIAL HAZARD IS "RELATIVELY
LOW".
TO IMPOSE STRINGENT NEW DISPOSAL REQUIREMENTS WITHOUT BENEFIT OF
SUFFICIENT KNOWLEDGE AND STUDY WOULD BE NOT ONLY PREMATURE, BUT WOULD
IMPOSE AN UNNECESSARY BURDEN ON CONSUMERS AND INDUSTRY ALIKE.
THE IMPOSITION OF THE PROPOSED NEW REGULATIONS WILL REQUIRE
EXPENDITURES OF APPROXIMATELY $1 BILLION DURING THE FIRST 3 YEARS OF
REGULATION-- A COST THAT WITHOUT A DOUBT WILL BE PASSED ON TO THE
CONSUMER.
ANOTHER EFFECT OF THESE NEW REQUIREMENTS WILL BE TO DISCOURAGE THE
DISCONUED USE OF COAL AT THOSE FACILITIES WHERE OTHER OPTIONAL SOURCES
OF ENERGY TO PRODUCE ELECTRICITY ARE AVAILABLE. THIS IS TOTALLY
INCONSISTENT WITH THE ADMINISTRATION'S SLATED OBJECTIVE TO ENCOURAGE
INCREASED COAL PRODUCTION AND USE.
TOO OFTEN GOVERNMENT IS ACCUSED-- AND RIGHTFULLY SO-- OS ACTING
WITHOUT PROPER FORESIGHR, AND I THINK THE PROPOSED NEW EPA REGULATIONS
FIR THAT PARTICULAR CATEGORY. THERE IS NO EVIDENCE, NO DOCUMENTATION,
NO INFALLIBLE PROOF THAT WASTES FROM THE COMBUSTION OF COAL SHOULD BE
DETERMINED HAZARDOUS UNDER THE CRITERIA SET FORTH IN THE SOLID WASTE
DISPOSAL ACT.
AS SENATOR HUDDLESTON HAS NOTED, THIS PROPOSED REGULATION WOULD
DIRECTLY CONFLICT WITH THE GOALS AND OBJECTIVES OF THE 1976 RESOURCE
CONSERVATION AND RECOVERY ACT.
THERE SIMPLY IS NOT SUFFICIENT CAUSE OR REASON TO IMPLEMENT THESE
REGULATIONS UNTIL ADDITIONAL STUDY-- AS PROVIDED FOR BY THIS AMENDMENT--
IS COMPLETED. IT ALSO SHOULD BE POINTED OUT THAT THIS AMENDMENT WILL IN
NO WAY ALTER THE EXISTING DISPOSAL REQUIREMENTS BUT WOULD INSTEAD SHIFT
THE BURDEN OF PROOF TO THE AGENCY TO SUBSTANTIATE ITS FINDINGS BEFORE
ISSUING NEW REGULATORY REQUIREMENTS.
THIS IS PART OF THE REGULATORY PROBLEM THAT WE ARE CONFRONTED WITH IN
THIS COUNTRY AS WE TRY TO RESPOND TO THE ENERGY NEEDS THAT WE HAVE AT
THIS TIME.
MR. PRESIDENT, I WITHHOLD THE REMAINDER OF MY TIME.
MR. RANDOLPH. MR. PRESIDENT, I AGREE WITH THE AMENDMENT OF THE
SENATOR FROM KENTUCKY AND, IF IT IS IN ACCORDANCE WITH HIS DESIRES, I
WISH TO BE A COSPONSOR OF THE AMENDMENT.
MR. HUDDLESTON. MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT
SENATOR FROM WEST VIRGINIA BE ADDED AS A COSPONSOR.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
MR. RANDOLPH. AS FAR AS I KNOW, WE HAVE NO OBJECTION TO THE
AMENDMENT, BUT THERE MAY BE OBJECTION.
MR. CHAFEE. MR. PRESIDENT, THIS GOES TO THE PLINT I WAS MAKING
EARLIER ABOUT THE EXEMPTIONS THAT WE OPENED THE GATEWAY TO IN THE
COMMITTEE WHEN WE EXEMPTED THE OIL AND GAS INDUSTRY FOR THE MUDS AND
BRINES THAT RESULTED FROM THEIR DRILLING. HOWEVER, IN THAT ACT, AS I
MENTIONED EARLIER, A STUDY WAS TO TAKE PLACE AND AT THE CONCLUSION OF
THE STUDY IF CONGRESS WISHES TO PUT THE OIL AND GAS WASTE MUDS BACK
UNDER THE ACT, CONGRESS MUST ACT.
THIS IS DIFFERENT IN THAT THIS DOES NOT EXEMPT ASH, SLAGWASTE, BOTTOM
ASH WASTE AND VARIOUS WASTES FROM COAL FROM THE ACT. INSTEAD IT
PROVIDES FOR STUDY. THERE IS NO DEFINITE TIME LIMIT FOR THE STUDY, AS I
SEE THE AMENDMENT. IS THAT NOT CORRECT? IT JUST SAYS THE EPA IS TO
CONDUCT THE STUDY AND WITHIN 6 MONTHS AFTER THE STUDY COME FORWARD WITH
THEIR CONCLUSIONS.
MR. HUDDLESTON. I BELIEVE THE REQUIREMENT IS THAT THAT STUDY BE
COMPLETE WITHIN 2 YEARS.
IN ANY EVENT, THE BALL IS IN THE COURT OF THE EPA, ALTHOUGH EPA
ACTUALLY IS OPPOSED TO THIS AMENDMENT, IT SEEMS TO ME THAT COMPARED TO
THE ACTION WE HAVE TAKEN PREVIOUSLY, IN FACT, THIS DOES NOT EXEMPT THE
COAL INDUSTRY WASTE FROM THE ACT. I HAVE NO OBJECTION TO IT.
MR. ROBERT C. BYRD. MR. PRESIDENT, I AM PLEASED TO JOIN THE
DISTINGUISHED SENATOR FROM KENTUCKY, MR. HUDDLESTON, AS A COSPONSOR OF
THIS AMENDMENT.
THREE IMPORTANT CONCERNS ARE ADDRESSED BY THE AMENDMENT, FIRST, IT
REDUCES THE REGULATORY BURDEN ON UTILITIES AND OTHERS WHO BURN COAL.
THIS WOULD PROMOTE THE BETTER USE OF OUR MOST ABUNDANT ENERGY RESOURCE.
SECOND, THOSE WHO PRODUCE COAL WILL BE ABLE TO DO SO WITHOUT THE FEAR
THAT UTILITY CUSTOMERS WILL BE FORCED TO USE SOME OTHER FUEL BECAUSE OF
ENVIRONMENTAL REGULATIONS. THIRD, THE AMENDMENT PROVIDES FOR A THOROUGH
STUDY IF WASTES FROM COAL BURNING. ADEQUATE INFORMATION IS A NECESSARY
FIRST STEP TOWARD SENSIBLE REGULATION. THE AMENDMENT MAKES CERTAIN THAT
ANY REGULATIONS ON THESE WASTES WILL BE FULLY JUSTIFIED.
THIS AMENDMENT HELPS CLARIFY A DIFFICULT REGULATORY PROBLEM. I UMGE
MY COLLEAGUES TO SUPPORT IT.
MR. RANDOLPH. THE QUESTION IS ON AGREEING TO THE AMENDMENT, IS THAT
CORRECT?
THE PRESIDING OFFICER. THE SENATOR IS CORRECT.
IS ALL TIME YIELDED BACK?
MR. CHAFEE. ON THE AMENDMENT.
THE PRESIDING OFFICER. ON THE AMENDMENT. THE QUESTION IS ON
AGREEING TO THE AMENDMENT OF THE SENATOR FROM KENTUCKY.
THE AMENDMENT WAS AGREED TO.
THE PRESIDING OFFICER. WHO YIELDS TIME?
MR. RANDOLPH. I WOULD LIKE TO SEND AN AMENDMENT TO THE DESK, BUT
BEFORE I DO, I YIELD TO THE SENATOR FROM MINNESOTA.
(PURPOSE: TO PROVIDE A SUSPENSION OF REGULATIONS FOR GEOTHERMAL
DRILLING COMPARABLE TO THAT FOR OIL AND GAS DRILLING)
MR. DURENBERGER. I THANK THE SENATOR. I SEND AN UNPRINTED AMENDMENT
TO THE DESK FOR MYSELF AND SENATOR DOMENICI AS A COSPONSOR.
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THE PRESIDING OFFICER. THE CLERK WILL REPORT.
THE LEGISLATIVE CLERK READ AS FOLLOWS:
THE SENATOR FROM MINNESOTA (MR. DURENBERGER), FRR HIMSELF AND MR.
DOMENICI, PROPOSES AN UNPRINTED AMENDMENT NUMBERED 207.
MR. DURENBERGER. MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT FURTHER
READING OF THE AMENDMENT BE DISPENSED WITH.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
THE AMENDMENT IS AS FOLLOWS:
"ON PAGE 3, LINE 19K AFTER "OR NATURAL GAS" INSERT "OR GEOTHERMAL
ENERGY".
ON PAGE 4, LINE 24, AFTER "OR NATURAL GAS" INSERT "OR GEOTHERMAL
ENERGY".
ON PAGE 16, LINE 4, AFTER "GAS" INSERT "OR GEOTHERMAL ENERGY".
ON PAGE 17, LINE 3, AFTER "NATURAL GAS" INSERT "OR GEOTHERMAL
ENERGY".
MR. DURENBERGER. MR. PRESIDENT, I RISE IN SUPPORT OF S.1156 AND WILL
SPEAK TO PROPOSED AMENDMENTS TO THE SOLID WASTE DISPOSAL ACT.
MY AMENDMENTS WOULD REQUIRE THAT GEOTHERMAL ENERGY SHALL ALSO BE IN
THE STUDY ON CRUDE OIL AND NATURAL GAS WHICH IS TO BE CONDUCTED BY THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY.
THE AMENDMENTS ARE SIMPLE, STRAIGHT-FORWARD, AND CONSISTENT WITH WHAT
I BELIEVE OUR NATIONAL ENERGY POLICY IS ALL ABOUT, OR SHOULD BE. SIMPLY
PUT, IF WE ARE TO REDUCE OUR HOSTAGE DEPENDENCY ON IMPORTED OIL AND GAS,
THEN WE MUST INCREASE OUR DOMESTIC PRODUCTION OF THESE RESOURCES, AND
MORE IMPORTANTLY, WE MUST DO ALL WE CAN TO DEVELOP ALTERNATIVE ENERGY
SOURCES.
GEOTHERMAL ENERGY IS ONE SUCH ALTERNATIVE. THE DRILLING MUDS,
WASTES, AND THEIR DISPOSAL ARE CHARACTERISTICALLY THE SAME AS THOSE OF
OIL AND NATURAL GAS. THEREFORE, I ASK THAT THE TREATMENT OF GEOTHERMAL
ENERGY UNDER LAW BE MADE CONSISTENT WITH THAT OF OIL AND GAS. MY
AMENDMENTS PROVIDE FOR JUST TREATMENT AND CONSIDERATION OF THE PROBLEMS
AND POTENTIAL CONTRIBUTIONS OF THIS VALUABLE RESOURCE.
FINALLY, I WISH TO MAKE IT CLEAR THAT MY SUPPORT OF THE ORIGINAL
AMENDMENT AND THOSE I AM PROPOSING TODAY WHICH DEAL WITH GEOTHERMAL
ENERGY IN NO WAY LESSENS MY DEDICATION TO PROTECTING THE ENVIRONMENT.
HOWEVER, I AM CONCERNED THAT IN OUR ZEALOUSNESS TO PROTECT THE
ENVIRONMENT, THERE HAS BEEN TOO MUCH HASTE AND TOO LITTLE THOUGHTFUL
CONSIDERATION OF THE NEED TO PREPARE REGULATIONS WHICH WOULD BOTH
PRESERVE THE ENVIRONMENT AND AT THE SAME TIME ALLOW FOR THE RATIONAL AND
NECESSARY DEVELOPMENT OF OUR ENERGY RESOURCES.
THE 2-YEAR STUDY SHOULD ALLOW THE ADMINISTRATOR THE TIME NEEDED TO
ADEQUATELY ASSESS THE POTENTIAL ENVIRONMENTAL IMPACTS, IDENTIFY AND
EVALUATE THE APPROPRIATE SOLUTIONS, AND PREPARE REGULATIONS WHICH ARE
CONSISTENT WITH OUR NEED TO DEVELOP ENERGY RESOURCES WHICH ARE ESSENTIAL
TO OUR VERY WAY OF LIFE, WHILE AT THE SAME TIME PROTECTING OUR
ENVIRONMENT FOR BOTH TODAY AND THE FUTURE.
I APPRECIATE VERY MUCH THE EFFORTS OF THE CHAIRMAN OF THE COMMITTEE,
SENATOR RANDOLPH, FOR HIS SUPPORT AND COOPERATION IN DEVELOPING THESE
AMENDMENTS. I THANK THE CHAIR.
MR. RANDOLPH. THE AMENDMENT OFFERED BY THE SENATOR FROM MINNESOTA IS
IN AGREEMENT WITH THE THINKING, I BELIEVE, OF BOTH THE MINORITY MEMBER
AND CERTAINLY OF MYSELF. I DO NOT BELIEVE THERE IS ANY DIFFICULTY AND,
FRANKLY, I LIKE THE STATEMENT OF THE SENATOR IN WHICH HE SAYS THAT IN NO
WAY DOES HE WITHDRAW FROM THE NEED NOW TO REMEMBER THAT WE HAVE
OBLIGATIONS IN THE FUTURE FOR ENVIRONMENTAL QUALITIES THAT NEED TO BE
BUILT INTO OUR VERY STRUCTURE; IS THAT CORRECT?
MR. DURENBERGER. YES; I THANK THE SENATOR VERY MUCH.
MR. RANDOLPH. F.NE.
WE HAVE NO OBJECTION.
THE PRESIDING OFFICER. IS ALL TIME ON THE AMENDMENT YIELDED BACK?
MR. CHAFEE. WE HAVE NO OBJECTION AND WE YIELD BACK THE REMAINDER
OF OUR TIME.
MR. DURENBERGER. I YIELD BACK THE REMAINDER OF MY TIME.
MR. RANDOLPH. I YIELD BACK THE REMAINDER OF MY TIME.
THE PRESIDING OFFICER. ALL TIME HAVING BEEN YIELDED BACK, THE
QUESTION IS ON AGREEING TO THE AMENDMENT OF THE SENATOR FROM MINNESOTA.
THE AMENDMENT WAS AGREED TO.
MR. CHAFEE. MR. PRESIDENT, I MUST SAY I BELIEVE THAT IS THE FIRST
AMENDMENT THE SENATOR FROM MINNESOTA HAS PRESENTED, AND IT FLEW RIGHT
THROUGH, SO I CONGRATULATE HIM ON HIS STERLING PERFORMANCE. (LAUGHTER).
THE PRESIDING OFFICER. WHO YIELDS TIME?
AUTHORITY)
MR. BUMPERS. MR. PRESIDENT, I SEND AN AMENDMENT TO THE DESK.
THE PRESIDING OFFICER. THE CLERK WILL REPORT.
THE LEGISLATIVE CLERK READ AS FOLLOWS:
THE SENATOR FROM ARKANSAS (MR. BUMPERS) PROPOSES AN UNPRINTED
AMENDMENT NUMBERED 208:
ON PAGE 9 AFTER LINE 10, INSERT THE FOLLOWING NEW SECTION AND
RENUMBER SUCCEEDING SECTIONS ACCORDINGLY:
SEC . SECTION 3009 OF THE SOLID WASTE DISPOSAL ACT (42 U.S.C.6929)
IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW SENTENCE:
"NOTHING IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT ANY STATE OR
POLITICAL SUBDIVISION THEREOF FROM IMPOSING ANY REQUIREMENTS, INCLUDING
THOSE FOR SITE SELECTION, WHICH ARE MORE STRINGENT THAN THOSE IMPOSED BY
SUCH REGULATIONS.
MR. BUMPERS. MR. PRESIDENT, THE AMENDMENT I OFFER TO THE SOLID WASTE
DISPOSAL ACT WOULD PERMIT STATES TO ESTABLISH STANDARDS MORE STRINGENT
THAN FEDERAL STANDARDS WITH REGARD TO THE SELECTION OF SITES FOR THE
DISPOSAL OF HAZARDOUS WASTE MATERIAL.
WE ARE ENTERING A PERIOD IN THE HISTORY OF THIS COUNTRY WHERE
DISPOSAL OF HAZARDOUS WASTES IS BECOMING INCREASINGLY CRITICAL. IN
THE PAST, WE HAVE NEGLECTED IT TO OUR DISMAY AS HAS BEEN REFLECTED
AT LOVE CANAL AND OTHER PLACES AROUND THE COUNTRY.
HAZARDOUS WASTE DISPOSAL IS ONE OF THE MOST SEVERE PROBLEMS FACING
LOCAL AND STATE GOVERNMENTS. IT IS NO LONGER A PROBLEM THAT OCCURS
SOMEWHERE ELSE. IT CAN HAPPEN IN EACH OF OUR STATES, AND IT HAS.
AN ARTICLE APPEARED IN THE NEW YORK TIMES MAGAZINE ON JANUARY 31,
1979, DESCRIBING THE HORRORS OF GROUND POLLUTION. ACCORDING TO THE
ARTICLE, FEDERAL OFFICIALS NOW SUSPECT THAT MORE THAN 800 MAKESHIFT
UNDERGROUND STORAGE SITES HAVE THE POTENTIAL OF BECOMING AS DANGEROUS AS
THOSE AT THE LOVE CANAL, IN NEW YORK AND SOME ARE PROBABLY ALREADY
SEVERELY HAZARDOUS.
IN ADDITION, THE ARTICLE POINTS OUT THAT SPRINGS AND WELLS ARE THE
MAIN DRINKING RESERVOIRS IN 32 STATES.
IT STATES:
CHEMICAL LANDFILLS NEVER LIE DORMANT. WHERE WATER PENETRATES BURIED
WASTES, IT REMOVES SOLUBLE COMPONENTS, PRODUCING A GROSSLY POLLUTED
LIQUID LEACHATE THAT EXTENDS OUT FROM THE DUMP. . . LEACHING CAN
CONTINUE AT ANY GIVEN SITE, FOR MORE THAN 100 YEARS, PICKING UP
DANGEROUS, STABLE MATERIALS AND SPREADING THEM AROUND A SURPRISINGLY
LARGE AREA. . . IN HUMID REGIONS, WHERE RAINFALL EXCEEDS EVAPORATION,
THE PROBLEM IS MORE ACUTE; THE MORE WATER IN THE GROUND, THE MORE
LEACHING.
THE INCIDENT AT LOVE CANAL IS NOT AN ISOLATED ONE. ACCORDING TO THE
ARTICLE EACH YEAR, SEVERAL HUNDRED NEW CHEMICAL COMPOUNDS ARE ADDED TO
THE 70,000 THAT ALREADY EXIST IN OUR COUNTRY. I ASK UNANIMOUS CONSENT
THAT THE ARTICLE ENTITLED "LOVE CANAL, U.S.A." BE PRINTED IN THE RECORD
AT THE CONCLUSION OF MY REMARKS.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
(SEE EXHIBIT 1.)
MR. BUMPERS. MR. PRESIDENT, EPA STILL DOES NOT KNOW HOW MUCH
HAZARDOUS WASTE WE ARE GENERATING IN THIS COUNTRY EVERY YEAR, NOR HOW TO
GET RID OF IT.
A RECENT GAO REPORT ON HAZARDOUS WASTE MANAGEMENT PROGRAMS WAS EVEN
MORE DISCOURAGING. IT FOUND THAT EXISTING HAZARDOUS WASTE REGULATORY
PROGRAMS AND PROGRAMS THAT WILL BE IMPLEMENTED IN THE NEAR FUTURE, WHEN
COMPARED WITH THE VOLUME OF SUCH WASTE TO BE DISPOSED OF, CANNOT
ADEQUATELY SAFEGUARD PUBLIC HEALTH AND THE ENVIRONMENT. THE GAO REPORT
ALSO INDICATES THAT STATE AND EPA OFFICIALS LACK THE KNOWLEDGE TO
DETERMINE THE VOLUMES OF HAZARDOUS WASTE. IN ONE LARGE STATE, FOR
EXAMPLE, STATE OFFICIALS ESTIMATED 20 MILLION TONS WERE GENERATED EACH
YEAR, BUT COULD ACCOUNT FOR DISPOSITION OF ONLY 2.2 MILLION TONS.
ACCORDING TO THE ENVIRONMENTAL PROTECTION AGENCY, INDUSTRY WILL
GENERATE AN ESTIMATED 56 MILLION METRIC TONS OF HAZARDOUS WASTE ANNUALLY
BY 1980. ABOUT 34 MILLION METRIC TONS-- 61 PERCENT WILL COME FROM
INDUSTRIAL SOURCES SUCH AS CHEMICAL FIRMS. HAZARDOUS WASTES ARE
PRODUCED IN ALL AREAS OF THE COUNTRY. THE ANNUAL VOLUME IN 1975 RANGED
FROM ABOUT -1,000 METRIC TONS IN SOUTH DAKOTA TO ABOUT 4 MILLION METRIC
TONS IN NEW JERSEY. EPA ESTIMATES THAT BY 1980 THE VOLUME OF HAZARDOUS
WASTE WILL RANGE FROM ABOUT 20,000 METRIC TONS IN SOUTH DAKOTA TO ABOUT
4.6 MILLION METRIC TONS IN NEW JERSEY. HAZARDOUS WASTE GENERATION IS
EXPECTED TO CONTINUE TO INCREASE FROM 4 TO 6 PERCENT EACH YEAR.
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THE FOLLOWING TABLE WILL INDICATE BY STATE THE ESTIMATED HAZARDOUS
WASTE THAT WILL BE GENERATED BY STATES BY 1980:
TABLE OMITTED
EPA PROJECTS THAT WHEN THE RESOURCE CONSERVATION AND RECOVERY ACT IS
IMPLEMENTED, 50 TO 60 ADDITIONAL SITES FOR COMMERCIAL USE WILL BE NEEDED
NATIONALLY FOR PROPER WASTE HANDLING; TREATMENT, AND DISPOSAL. THE ACT
PROVIDES STATES WITH A FRAMEWORK FOR IMPLEMENTING HAZARDOUS WASTE
TREATMENT AND DISPOSAL PROGRAMS. HOWEVER, IT IS INADEQUATE IN THAT IT
DOES NOT GIVE STATES THE OPPORTUNITY TO SET STANDARDS MORE STRINGENT
THAN THOSE PROVIDED BY FEDERAL AUTHORITIES IN ESTABLISHING SITES FOR
WASTE DISPOSAL FACILITIES. MY AMENDMENT TO THE SOLID WASTE DISPOSAL ACT
CORRECTS THIS DEFICIENCY BY ALLOWING THE STATES TO ADOPT STANDARDS MORE
STRINGENT THAN THE FEDERAL STANDARDS WHEN SELECTING SITES FOR THE
DISPOSAL OF HAZARDOUS WASTE MATERIALS.
IN MY STATE, A SITE FOR THE DISPOSAL OF HAZARDOUS WASTE NEAR THE
COMMUNITY OF (ILLEGIBLE WORD), ARK., MAY MEET FEDERAL STANDARDS, AND
THUS, QUALIFY AS A LOCATION FOR A HAZARDOUS WASTE FACILITY. I BELIEVE
THE STATES SHOULD BE ALLOWED TO ADOPT STANDARDS MORE STRINGENT THAN
FEDERAL STANDARDS, IN ORDER TO ADEQUATELY PROTECT THE CITIZENS OF OUR
STATES.
MR. PRESIDENT, I AM NOT GOING TO BELABOR THE POINT. MY AMENDMENT IS
A VERY SIMPLE ONE: IT SIMPLY PROVIDES THAT STATES MAY HAVE MORE
STRINGENT STANDARDS THEN THE FEDERAL STANDARDS. THE LAW NOW PROVIDES
THAT STATE LAWS MAY NOT BE LESS STRINGENT, AND THIS WOULD BE AN ADDENDUM
TO THAT SECTION OF THE ACT.
IN THE YEARS SINCE RACHEL CARSON'S "SILENT SPRING", A GREAT NATIONAL
CONCERN HAS ARISEN OVER AIR AND WATER POLLUTION. IT NOW APPEARS THAT
POLLUTION SEEPING INTO THE EARTH ITSELF HAS GONE LARGELY UNNOTICED AND
IN SOME CASES MAY BE FAR MORE DANGEROUS AS A DIRECT CAUSE OF CANCER AND
OTHER SEVERE HUMAN ILLNESSES. "TOXIC CHEMICAL WASTE," SAYS JOHN E.
MOSS, WHO WAS CHAIRMAN OF THE HOUSE SUBCOMMITTEE ON OVERSIGHT AND
INVESTIGATIONS BEFORE HIS RETIREMENT THIS MONTH, "MAY BE THE SLEEPING
GIANT OF THE DECADE." NOT UNTIL THE NIGHTMARE OF THE LOVE CANAL UNFOLDED
IN NIAGARA COUNTY, N.Y., LAST SUMMER DID AMERICANS BECOME AWARE OF THE
VAST DANGERS OF GROUND POLLUTION. BUT THE PROBLEM SINCE THEN SEEMS ONLY
TO BE WORSENING.
EACH YEAR, SEVERAL HUNDRED NEW CHEMICAL COMPOUNDS ARE ADDED TO THE
70,000 THAT ALREADY EXIST IN AMERICA, AND THE WASTES FROM THEIR
PRODUCTION-- NEARLY 92 BILLION POUNDS A YEAR-- ARE OFTEN PLACED IN
MAKESHIFT UNDERGROUND STORAGE SITES. FEDERAL OFFICIALS NOW SUSPECT THAT
MORE THAN 800 SUCH SITES HAVE THE POTENTIAL OF BECOMING AS DANGEROUS AS
THOSE AT THE LOVE CANAL AND SOME ARE PROBABLY ALREADY SEVERELY HAZARDOUS
TO UNSUSPECTING NEIGHBORS. THE PROBLEM IS HOW TO FIND THEM AND HOW TO
PAY THE ENORMOUS COSTS OF CLEANING THEM JP BEFORE MORE TRAGEDY RESULTS.
SO FAR, FEDERAL, STATE AND LOCAL GOVERNMENTS HAVE BEEN, FOR THE MOST
PART, RELUCTANT TO FACE THE ISSUE.
SOMETIME IN THE 1940'S-- NO ONE KNOWS OR WANTS TO REMEMBER JUST
WHEN-- THE HOOKER CHEMICAL COMPANY, WHICH IS NOW A SUBSIDIARY OF
OCCIDENTAL PETROLEUM, FOUND AN ABANDONED CANAL NEAR NIAGARA FALLS, AND
BEGAN DUMPING COUNTLESS HUNDREDS OF 55-GALLON DRUMS THERE. IN 1953, THE
CANAL WAS FILLED IN AND SOLD TO THE CITY FOR AN ELEMENTARY SCHOOL AND
PLAYGROUND (THE PURCHASE PRICE WAS A TOKEN $1), AND MODEST SING;E-FAMILY
DWELLINGS WERE BUILT NEARBY. THERE WERE SIGNS OF TROUBLE NOW AND THEN--
OCCASIONAL COLLAPSES OF EARTH WHERE DRUMS HAD ROTTED THROUGH, AND SKIN
RASHES IN CHILDREN OR DOGS THAT ROMPED ON THE FIELD-- BUT THEY WERE
GIVEN LITTLE THOUGHT UNTIL THE SPRING OF 1978. BY THEN, MANY OF THE
HOMES WERE DETERIORATING RAPIDLY AND WERE FOUND TO BE INFILTRATED BY
HIGHLY TOXIC CHEMICALS THAT HAD PERCOLATED INTO THE BASEMENTS. THE NEW
YORK STATE HEALTH DEPARTMENT INVESTIGATED AND DISCOVERED STARTLING
HEALTH PROBLEMS: BIRTH DEFECTS, MISCARRIAGES, EPILEPSY, LIVER
ABNORMALITIES, SORES, RECTAL BLEEDING, HEADACHES-- NOT TO MENTION
UNDISCOVERED BUT POSSIBLE LATENT ILLNESSES. IN AUGUST PRESIDENT CARTER
DECLARED A FEDERAL EMERGENCY. WITH THAT, THE STATE BEGAN EVACUATING
RESIDENTS FROM THE NEIGHBORHOOD ALONG THE LOVE CANAL, AS IT IS NAMED
AFTER THE UNSUCCESSFUL ENTREPRENEUR, WILLIAM LOVE, WHO BUILT IT IN 1894.
TWO HUNDRED HOMES WERE BOARDED UP, THE SCHOOL WAS CLOSED AND THE NATION
GOT A GLIMPSE OF WHAT SENATOR DANIEL PATRICK MOYNIHAN CALLED "A
PECULIARLY PRIMITIVE POISONING OF THE ATMOSPHERE BY A FIRM."
BUT IT WAS CLEARLY NOT SO PECULIAR. SINCE THEN, NEW DUMPING GROUNDS
HAVE BEEN REPORTED IN SEVERAL PRECARIOUS PLACES. UNDER A BALL FIELD
NEAR ANOTHER ELEMENTARY SCHOOL IN NIAGARA FALLS HEALTH OFFICIALS HAVE
FOUND A LANDFILL CONTAINING MANY OF THE SAME COMPOUNDS; IT WAS
DISCOVERED BECAUSE THE BALL FIELD SWELLED AND CONTRACTED LIKE A BOWL OF
GELATIN WHEN HEAVY EQUIPMENT MOVED ACROSS IT. OFFICIALS HAVE
DISCOVERED, TOO, THAT HOOKER DISPOSED OF NEARLY FOUR TIMES THE AMOUNT OF
CHEMICALS PRESENT IN THE LOVE CANAL SEVERAL HUNDRED FEET WEST OF THE
CITY'S MUNICIPAL WATER TREATMENT FACILITY, AND RESIDUES HAVE BEEN
TRACKED INSIDE WATER INTAKE PIPELINES. ACROSS TOWN, NEAR NIAGARA
UNIVERSITY , A 16-ACRE HOOKER LANDFILL CONTAINING SUCH KILLERS AS MIREX,
C-56 AMD LINDANE-- ESPECIALLY CHEMICALS THAT WERE USED IN THE
MANUFACTURE OF PEST KILLERS AND PLASTICS-- HAS BEEN FOUND TO BE FOULING
A NEIGHBORING STREAM, BLOODY RUN CREEK, WHICH FLOWS PAST DRINKING WATER
WELLS. ABOUT 80,000 TONS OF TOXIC WASTE ARE SAID TO HAVE BEEN DUMPED
THERE OVER THE YEARS.
STILL WORSE, AS THE COMPANY RECENTLY ACKNOWLEDGED, HOOKER BURIED UP
TO 3,700 TONS OF TRICHLOROPHENOL WASTE, WHICH CONTAINS ONE OF THE
WORLD'S MOST DEADLY CHEMICALS, DIOXIN, AT VARIOUS SITES IN NIAGARA
COUNTY BETWEEN 1947 AND 1972. INVESTIGATORS IMMEDIATELY SOUGHT TO
DETERMINE WHETHER DIOXIN HAD SEEPED OUT AND, INDEED, THE SUBSTANCE WAS
IDENTIFIED IN SMALL QUANTITIES WITHIN LEACHATE TAKEN FROM THE PEREPHERY
OF THE LOVE CANAL, AN INDICATION THAT IT MAY HAVE BWGUN TO MIGRATE.
THERE ARE NOW BELIEVED TO BE AN ESTIMATED 141 POUNDS OF DIOXIN IN THE
CANAL SITE-- AND AS MUCH AS 2,000 POUNDS BURIED ELSEWHERE IN THE COUNTY.
THE LOVE CANAL IS ABOVE THE CITY'S PUBLIC WATER-SUPPLY INTAKE ON THE
NIAGARA RIVER BUT A QUARTER OF A MILE AWAY; THE OTHER SITES ARE
CLOSER-- IN ONE CASE WITHIN 300 FEET-- BUT DOWNSTREAM OF THE INTAKE.
HOWEVER, THE NIAGARA FLOWS INTO LAKE ONTARIO, WHICH SYRACUSE, ROCHESTER,
TORONTO AND SEVERAL OTHER COMMUNITIES MAKE USE OF FOR WATER SUPPLY.
ALTHOUGH HEALTH OFFICIALS REGARD THE DIOXIN DISCOVERY AS ALARMING, THEY
DO NOT YET CONSIDER IT A DIRECT HEALTH THREAT BECAUSE IT IS NOT KNOWN TO
HAVE COME INTO CONTACT WITH HUMANS OR TO HAVE LEACHED INTO WATER
SUPPLIES. ACADEMIC CHEMISTS POINT OUT, HOWEVER, THAT AS LITTLE AS THREE
OUNCES OF DIOXIN ARE ENOUGH TO KILL MRRE THAN A MILLION PEOPLE. IT WAS
DIOXIN, 2 TO 11 POUNDS OF IT, WHICH WAS DISPERSED IN SEVESO, ITALY,
AFTER AN EXPLISION AT A TRICHLOROPHENOL PLANT; DEAD ANIMALS LITTERED
THE STREETS, HUNDREDS OF PEOPLE WERE TREATED FOR SEVERE SKIN LESIONS AND
1,000 ACRES HAD TO BE EVACUATED.
TWO WEEKS AGO, NEW YORK STATE HEALTH OFFICIALS BEGAN TO EXAMINE AND
CONDUCT STUDIES OF RESIDENTS AND WORKERS IN THE NIAGARA UNIVERSITY AREA
BECAUSE OF THE DIOXIN CONCENTRATIONS. ONE LOCAL PHYSICIAN THERE
EXPRESSES CONCERN OVER AN APPARENTLY HIGH RATE OF RESPIRATORY AILMENTS,
AND UNION OFFICIALS SAY THAT WORKERS IN INDUSTRIES ALONGSIDE THE
LANDFILL ARE SUFFERING FROM EMPHYSEMA, CANCER, AND SKIN RASHES. CATS
HAVE LOST FUR AND TEETH AFTER PLAYING NEAR BLOODY RUN, SOME YOUNG GOATS
HAVE DIED AFTER GRAZING ON ITS BANKS, AND THE CREEK IS DEVOID OF ALL
AQUATIC LIFE.
SO FAR, THERE ARE AT LEAST 15 DUMPS IN NIAGARA COUNTY ALONE THAT HAVE
BEEN DISCOVERED TO CONTAIN TOXIC CHEMICALS. BUT NO ONE IN THE COUNTY,
OR ANYWHERE ELSE IN THE COUNTRY, IS SURE EXACTLY WHERE UNDERGROUND
DUMPSITES ARE. OF THE THOUSANDS OF COVERED PITS SUSPECTED OF CONTAINING
TOXIC WASTES IN THE UNITED STATES, THE U.S. ENVIRONMENTAL PROTECTION
AGENCY SAYS IT IS A FAIR ESTIMATE THAT AS MANY AS 838 ARE, OR COULD
BECOME, SERIOUS HEALTH HAZARDS. BUT THE MACHINERY TO CARRY OUT THE KIND
OF MONITORING AND INSPECTING NOW BEING DONE IN NIAGARA COUNTY DOES NOT
GENERALLY EXIST ELSEWHERE. AND THE EPA, INTERNAL MEMORANDUMS REVEAL,
HAS NOT BEEN EAGER TO SET IT UP BECAUSE OF THE EXTRAORDINARY EXPENSE AND
POLITICAL PROBLEMS THAT WOULD INEVITABLY PRESENT THEMSELVES. IN FACT,
ONE REGIONAL OFFICIAL WAS REPRIMANDED FOR TRYING TO GET THE TYPE OF
ACTION THAT MUST BE TAKEN TO GUARD AGAINST ANOTHER LOVE CANAL.
IN AT LEAST ONE KNOWN CASE THERE ARE SYMPTOMS DISTURBINGLY SIMILAR.
JUST 400 FEET FROM A RESIDENTIAL AREA IN ELKTON, MD., IS A DISPOSAL AREA
THAT, ACCORDING TO E.P.A. FILES, WAS USED BOTH BY THE GALAXY CHEMICAL
COMPANY AND BY A SUSPECTED, UNIDENTIFIED MIDNIGHT HAULER.
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RESIDENTS HAVE COMPLAINED OF SORE THROATS, RESPIRATORY PROBLEMS AND
HEADACHES, ALL REMINISCENT OF THE EARLY DAYS OF TROUBLE AT THE LOVE
CANAL. ONE LOCAL DOCTOR CONTENDS THAT THE CANCER DEATH RATE IN THE AREA
IS 30 TIMTS GREATER THAN ELSEWHERE IN THE COUNTY, THOUGH HIS REPORT IS
THE SUBJECT OF MUCH CONTROVERSY. SO FAR, NO EVIDENCE OF DIRECT HUMAN
CONTACT WITH LEACHATE IS KNOWN TO HAVE OCCURRED THERE, AS IT DID AT
NIAGARA FA LS; NOR HAVE RESIDENTS DEMANDED EVACUATION.
IN REBOBOTH, MASS., 1,000 CUBIC YARDS OF RESINS LEFT OVER FROM A
SOLVENT REDISTILLING PROCESS WERE RECENTLY ORDERED REMOVED FROM A
DUMPSITE THAT THE OWNER HAD PLACED WITHIN 10 FEET OF HIS OWN HOUSE. IN
LOWELL, MASS., SOME 15,00 DRUMS AND 43 TANKS OF ASSORTED TOXIC WASTES
ARE AT PRESENT BEING REMOVED FROM A SITE WITHIN 200 YARDS OF HOMES AND
CHEMICALS LEAKING FROM THE DRUMS ARE APPEARING IN SEWERS AND A NEARBY
RIVER.
AUTHORITIES IN MICHIGAN CLAIM THAT THE BELEAGUERED HOOKER COMPANY HAS
DUMPED C-56 INTO SANDY SOIL, CONTAMINATING PUBLIC WELLS, WHICH HAVE BEEN
CLOSED OFF AND POLLUTING WHITE LAKE, NEAR MONTAGUE; THE STATE IS TRYING
TO FORCE THE COMPANY INTO A $200 MILLION CLEANUP. HOOKER HAS ALSO BEN
INVOLVED IN LAWSUITS FILED BY MAIMED WORKERS IN HOPEWELL, VA., WHO
BECAME STERILE AND LOST THEIR MEMORIES AFTER EXPOSURE TO KEPONE, A
PESTICIDE THAT ALLIED CHEMICAL AND HOOKER JOINTLY MADE AND PACKAGED.
THE U.S. COMPTROLLER GENERAL, AT THE REQUEST OF CONGRESS, HAS MAPPED
OUT STRETCHES THROUGH MUCH OF THE EAST, TEXAS, AND LOUISIANA AND PARTS
OF OREGON, WASHINGTON AND CALIFORNIA AS REGIONS WITH THE GREATEST
POTENTIAL FOR TROUBU. "TEXANS ARE ONLY NOW BECOMING CONCERNED ABOUT
SOLID-WASTE DISPOSAL", SAYS DORIS EBNER, ENVIRONMENTAL MANAGER FOR THE
HOUSTON-GLAVESTON AREA COUNCIL. "WHAT WILL HAPPEN IS THAT THERE WILL BE
SOME DISASTER TO MAKE A FLASH." BUT SERIOUS GROUND INVESTIGATIONS ARE
STILL NOT GIVEN A TOP PRIORITY.
THE TENDENCY NOT TO CONNECT HEALTH PROBLEMS WITH GROUND POLLUTION HAS
CERTAINLY BEEN WIDESPREAD. BEFORE LAST SUMMR, GROUND POLLUTION WAS
NEVER A MAJOR CONCERN IN NIAGARA FALLS, EITHER. BECAUSE THAT CITY IS
RELATIVELY SMALL AND HAS A CHEAP SOURCE OF HYDROELECTRICITY FOR CHEMICAL
FIRMS, MOST OF ITS PEOPLE HAVE LIVED THEIR WHOLE LIVES ON TOP OF OR NEAR
THE HIDDEN STRAINS AND GOO OF INDUSTRIAL POLLUTION. CHILDREN NEAR THE
CHEMICAL DUMPSITES OFTEN PLAYED WITH PHOSPHORESCENT ROCKS, WHICH WOULD
EXPLODE BRILLIANTLY, WHEN THEY WERE THROWN AGAINST CONCRETE. DIRECT ON
THE OLD CANAL HAD TURNED WHITE, YELLOW, RED, BLUE AND BLACK; ROCKS WERE
ORANGISH; AND CESSPOOLS OF CAUSTIC SLUDGE GUSHED FROM SEVERAL
LOCATIONS. THESE MANIFESTATIONS WERE VIEWED MORE AS A MATTER OF
ESTHETICS THAN AS A HEALTH PROBLEM.
BUT INDISCRIMINATE DUMPING, DUMPING WHATEVER, WHEREVER, HAS BEEN A
NATIONAL WAY OF LIFE. THOUGH AMERICAN MANUFACTURERS OF PLASTICS,
PESTICIDES, HERBICIDES AND OTHER PRODUCTS THAT PRODUCE HUGE AMOUNTS OF
TOXIC WASTES ARE BEGINNING TO DEPOSIT THEM IN CENTRALIZED LANDFILL
SITES-- WHICH MAY INSURE A CLOSER INSPECTION THE COMMON PRACTICE HAS
BEEN TO DISPOSE OF RESIDUES AND FORGET ABOUT THEM. THIS HAS BEEN TRUE
OF PRIVATE INDIVIDUALS AS WELL, FROM INDEPENDENT HAULERS TO LOCAL
FARMERS.
FARMLANDS, BECAUSE THEY MAKE FOR NICELY ISOLATED DUMPING GROUNDS,
HAVE POSED SPECIAL PROBLEMS. IN 1974, A 100-SQUARE MILE PASTURELAND
AROUND DARROW AND GEISMAR, LA., WAS FOUND TO BE CONTAMINATED WITH
HEXACHLOROBENZENE (HCB), WHICH WAS PRODUCED BY THE VOLATIZATION OF
WASTES DUMPED INTO PITS. HCB, A BYPRODUCT OF THE MANUFACTURE OF CARBON
TETRACHLORIDE AND PERCHLOROETHYLENE, CAUSES LIVER DETERIORATION,
CONVULSIONS AND DEATH. DURING A ROUTINE SAMPLINE OF BEEF FAT BY THE
U.S. DEPARTMENT OF AGRICULTURE AS PART OF THE MTAT AND POULTRY
INSPECTION PROGRAM, 1.5 PARTS PER MILLION OF HCB WAS TRACKED IN THE MTAT
OF A STEER BELONGING TO W. I. DUPLEISIS OF DARROW. FURTHER SAMPLINGS
SHOWED THAT CATTLE WERE CARRYING THE SAME TOXIN. SOIL AND VEGATATION
WERE LIKEWISE TAINTED. THE DUMPS WERE COVERED WITH PLASTIC AND DIRT,
AND 30,000 CATTLE WERE ORDERED DESTROYED. THE CATTLE WERE FED SPECIAL
DIETS INSTEAD OF BEING SLAUGHTERED, HOWEVER, AND MOVED AWAY FROM THE
AREA; THEIR LEVELS RECEDED TO AN "ACCEPTABLE" POINT, AND 27 WERE DEEMED
UNMARKETABLE AND KILLED. NO ONE CAN BE SURE HOW MANY CATTLE, GRAZING
NEAR DUMPSITES ELSEWHERE, HAVE MADE IT TO THE DINNER TABLE UNDETECTED.
SEVERAL YEARS AGO IN PERHAM, MINN., 11 PERSONS SUFFERED ARSENIC
POISONING FROM LEACHING GRASSHOPPER BAIT. THOSE STRUCK WITH
CONTAMINATION WORKED FOR A BUILDING CONTRACTOR WHO DRILLED A WELL 20
FEET FROM WHERE BAIT HAD BEEN BURIED BY A FARMER 30 YEARS BEFORE.
SEVERE NEUROPATHY COST ONE OF THE EMPLOYEES THE U'E OF HIS LEGS FOR SIX
MONTHS.
MUCH OF PAST DUMPING HAS BEEN PLAINLY ILLEGAL. NEW JERSEY, ONE OF
THE MOST INDUSTRIALIZED STATES AND ONE WHOSE CANCER RATE HAS BEEN FOUND
TO BE SUBSTANTIALLY HIGHER THAN THE NATIONAL AVERAGE, HAS BEEN A
FAVORITE SPOT FOR MIDNIGHT HAULERS, OR "SCAVENGERS", PAID TO CART OFF
WASTES AND UNLOAD THEM IN SWAMPS, SEWERS, PITS OR ABANDONED WELLS TO
AVOID PAYING FOR DISPOSAL AT APPROVED SITES. IN COVENTRY, R.I.,
OFFICIALS FOUND AN ILLEGAL AND HIGHLY TOXIC DUMP ON A PIG FARM WONED BY
A CONVICTED GAMBLER. IT CONTAINED ONE SUSPECTED CANCER-CAUSING AGENT,
CARBON TETRACHLORIDE, AND ANOTHER COMPOUND THAT WILL IGNITE AT 80
DEGREES FARENHEIT.
MORE BLATANT VIOLATORS HAVE BEEN KNOWN SIMPLY TO LOOSEN TANK TRUCK
VALVES AND GET RID OF CONTAMINANTS ALONG ROADWAYS IN THE DARK OF NIGHT.
THE OWNER OF A NEW YORK COMPANY THAT REPROCESSES ELECTRICAL TRANSFORMERS
IS CURRENTLY ON TRIAL ON CHARGES OF DELIBERATELY SPILLING OUT
POLYCHLORINATED BIPENYLS (PCB'S) FROM HIS TRUCK ONTO 270 MILES OF A
HIGHWAH IN NORTH CAROLINA, AND 700 RESIDENTS OF THE WARRENTON, N.C.,
AREA RECENTLY PROTESTED A STATE PLAN TO CREATE A NEW DUMP THERE FOR SOME
40,000 CUBIC YARDS OF THE TAINTED SOIL.
IN OTHER INSTNCES, DANGEROUS CONDITIONS HAVE BEEN BROUGHT ABOUT MORE
INNOCENTLY. IN MISSOURI, DIOXIN WAS DISCHARGED INTO WASTE OIL AND THE
OIL WAS LATER SPRAYED ON THREE RACE TRACKS AND A FARM ROAD TO CONTROL
DUST. SOME 63 APPALOOSA AND QUARTER HORSES, 6 DOGS, 12 CATS AND A LARGE
NUMBER OF BIRDS DIED AS A RESULT. A CHILD WHO FREQUENTLY PLAYED ON THE
DIRT ROAD WAS RUSHED TO THE HOSPITAL WITH SEVERE BLADDER PAINS AND
URINARY BLEEDING.
GROUND POLLUTION'S GREATEST THREAT IS TO THE NATIONAL DRINKING
SUPPLY. MORE THAN 100 MILLION AMERICANS DEPEND UPON GROUND WATER AS THE
MAJOR SOURCE OF LIFE'S MOST VITAL FLUID. SPRINGS AND WELLS, AS OPPOSED
TO RIVERS AND LAKES FED BY RUNNING STREAMS, ARE THE MAIN DRINKING
RESERVOIRS IN 32 STATES. FDORIDA'S POPULATION FOR EXAMPLE, IS 91
PERCENT DEPENDENT ON GROUND WATER. POURING TONS OF CHEMICALS INTO THE
EARTH CAN BE COMPARABLE IN AN INDIRECT WAY, TO DISPOSING OF POISONOUS
WASTES UPSTREAM FROM A MUNICIPAL RIVER INTAKE.
CHEMICAL LANDFILLS NEVER LIE DORMANT. WHEN WATER PENETRATES BURIED
WASTES, IT REMOVES SOLUBLE COMPONENTS, PRODUCING A GROSSLY POLLUTED
LIQUID LEACHATE THAT EXTENDS OUT FROM THE DUMP. THEREIN RESIDES THE
DANGER. LEACHING CAN CONTINUE, AT ANY GIVEN SITE, FOR MORE THAN 100
YEARS, PICKING UP DANGEROUS, STABLE MATERIALS AND SPREADING THEM AROUND
A SURPRISINGLY LARGE AREA. E.P.A.'S OFFICE OF SOLID WASTE HAS GUESSED
THAT THE AVERAGE LANDFILL, ABOUT 17 ACRES IN SIZE, PRODUCES 4.6 MILLION
GALLONS OF LEACHATE A YEAR IF THERE ARE 10 INCHES OF RAINFALL. LAST
SPRING THE COMPTROLLER GENERAL REPORTED THAT A BULLION GALLONS OF GROUND
WATER HAD BEEN POLLUTED NEAR AN ISLIP, L.I., LANDFILL. A CONTAMINATED
AQUIFER THAT WAS A MILE LONG AND 1,300 FEET WIDE SPOILED SOME DRINKING
WATER WELLS, WHICH HAD TO BE SEALED OFF AND THE HOMES CONNECTED TO
ANOTHER SOUMCE. IN HUMAN REGIONS, WHERE RAINFALL EXCEEDS EVAPORATION,
THE PROBLEM IS MORE ACUTE: THE MOST WATER IN THE GROUNND, THE MORE
LEACHING OCCURS.
SEVERAL YEARS AGO THE UNION CARBIDE CORPORATION CONTRACTED WITH AN
INDEPENDENT HAULER TO REMOVE AN UNKNOWN NUMBER OF DRUMS FROM ITS BOUND
BROOK, N.J. FACILITY. INSIDE WERE WASH SOLVENTS AND RESIDUES FROM
ORGANIC CHEMICAL AND PLASTICS MANUFACTURE. INSTEAD OF GOING TO THE
DOVER TOWNSHIP LANDFILL, MUCH OF THE WASTE WAS DUMPED ON A FORMER
CHICKEN FARM IN THE PLEASANT PLAINS SECTION OF DOVER. MR. AND MRS.
SAMUEL BLACK HAD LEASED THE LAND TO NICHOLAS FERNICOLA ON THE
ASSUMPTION, ACCORDING TO CASE FILES THAT HE WAS IN THE DRUM-SALVAGING
BUSINESS. WHEN THE RELCH'S SMELLED PUNGENT ODORS EMANATING FROM THE
PROPERTY, THEY INVESTIGATED THE LAND AND FOUND THOUSANDS OF CONTAINERS,
BOTH BURIED AND STREWN ABOUT THE SURFACE. ADDITIONAL DRUMS WERE
DISCOVERED IN A WOODED AREA NEAR THE WINDING RIVER FOUR MILES AWAY. THE
DRUMS WERE HAULED AWAY UNDER COURT ORDER, BUT THE DAMAGE HAD BEEN DONE.
SUFFICIENT QUANTITIES OF CHEMICALS HAD ALREADY ENTERED THE ENVIRONMENT
AND EARLY IN 1974 RESIDENTS OF THE AREA BEGAN TASTING AND SMELLING
STRANGE THINGS IN THEIR WATER. DOVER'S BOARD OF HEALTH, IN EMERGENCY
ACTION, PASSED AN ORDINANCE FORBIDDING THE USE OF 148 WELLS AND ORDERING
THAT THEY BE PERMANENTLY SEALED. ALTHOUGH THERE WERE NO DOCUMENTED
CASES OF ILLNESS AS A RESULT, IT IS DIFFICULT TO DETERMINE HOW MANY
RESIDENTS HAD CONSUMED POTENTIALLY HARMFUL SUGSTANCES BEFORE THE ODORS
WERE NOTED. EQUALLY DIFFICULT IS DETERMINING WHERE AND HOW FAR THE
LEACHATE TRAVELED.
THE GOVERNMENT ITSELF HAS BEEN THE CAUSE OF SERIOUS GROUND-WATER
CONTAMINATION. SLOPPY STORAGE AT THE ROCKY MOUNTAINS ARSENAL, FORMERLY
AN ARMY PRODUCTION CENTER FOR CHEMICAL WARFARE AGENTS, LED TO THE
CONTAMINATION OF 30 SWUARE MILES OF SHALLOW AQUIFER NEAR DENVER AND, IN
TURNK TO THE ABANDONMENT OF 64 WELLS USED FOR DRINKING WATER AND
IRRIGATION. WATERFOWL IN THE AREA DIED, AND POISONED SOIL TURNED SUGAR
BEETS AND PASTURE GRASSES A SICKLY YELLOW. AN ESTIMATED $78 MILLION
WILL BE NEEDED TO COMPLETE THE PROPOSED CLEANUP, BUT THERE IS NO WAY OF
RECOVERING THE CHEMICALS THAT HAVE ALREADY ESCAPED. ONE IRRIGATION WELL
THAT SHOWS TRACES OF CONTAMINATION IS ONLY A MILE SOUTH OF THE CITY OF
BRIGHTON'S PUBLIC WELL FIELD. THE ARSENAL DUG AN INJECTION WELL 12-045
FEET DEEP FOR AN IMMEDIATE DISPOSAL BUT SUCH FACILITIES DO LITTLE TO
INSURE AGAINST LONG-RANGE MIGRATION AS IT TURNED OUT, THE WELL CAUSED
EARTH TREMORS AND HAD TO BE CLOSED.
IN 1976, PRESIDENT FORD SIGNED INTO LAW THE RESOURCE CONSERVATION AND
RECOVERY ACT. IT MAY BECOME AN IMPORTANT PIECE OF LEGISLATION. IF THE
EP.P.A. DECIDES TO IMPLEMENT IT. THIS NEW LAW PROVIDES FOR A
HAZARDOUS-WASTE REGULATORY PROGRAM, CONTROL OF OPEN DUMPING, AN
INVENTORY OF DISPOSAL SITES, AND GRANTS AND PROGRAMS FOR COMMUNITIES TO
SET UP SOLID WASTE MVNAGEMENT SYSTEMS. THE PASSAGE OF THAT LAW WAS
PROVOKED BY THE FACT THAT TOXIC-WASTE DISPOSAL NOT ONLY HAS GONE
UNWATCHED, BUT IS INDEED INCREASING AT AN ALARMING RATE. THE CHIEF
REASON FOR THE INCREASE IS, PARADOXICALLY, THE IMPOSITION OF AIR AND
WATER POLLUTION REGULATIONS THAT HAVE STEPPED UP THE PRACTICE OF BURYING
MATERIALS IN THE GROUND. ISSUANCE OF NEW DISPOSAL REGULATIONS WAS
SUPPOSED TO HAVE BEEN MADE WITHIN 18 MONTHS OF THE PRESIDENT'S
SIGNATURE, BUT TODAY THE E.P.A. IS PREDICTING THAT THEY WILL NOT BE
READY BEFORE 1980.
SPURRED BY THE LOVE CANAL CRISIS, REPRESENTATIVE MOSS'S HOUSE
SUBCOMMITTEE MET LAST FALL TO DETERMINE WHAT WAS HAPPENING TO THE LAW.
IT WAS A DISCOURAGING HEARING. HUGH B. KAUFMAN, AN E.P.A. OFFICIAL
ASSIGNED TO LOOK FOR LANDFILL PROBLEMS, TOLD THE CONGRESSMEN THAT THE
AGENCY'S POLICY HAS BEEN TO AVOID FINDING SUCH SITUATIONS.
SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1979
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MICROFORM REFILMED; SEE APPENDICES
THERE WERE NO GUIDELINES IN THIS MEMORANDUM (ON LANDFILLS) FOR THE
REGIONAL OFFICE TO ALERT THE PUBLIC TO THE POTENTIAL DANGERS," KAUFMAN
TESTIFIED. "IN FACT, THE MEMO FURTHER INSTRUCTED THE REGIONS NOT TO
FIND NEW PROBLEM SITES BECAUSE THEY MIGHT BE REQUIRED TO PROVIDE THIS
INFORMATION TO CONGRESS AND THE PUBLIC." ON JULY 16, ACCORDING TO MR.
KAUFMAN, STEFFEN PLEHN, HEAD OF E.P.A.'S OFFICE OF SOLID WASTE, TOLD HIM
TO STOP LOOKING FOR IMMINENT HAZARDS. MR. PLEHN ADMITTED THAT MR.
KAUFMAN'S STATEMENT WAS ESSENTIALLY TRUE, BUT THE REASON, HE SAID, WAS
THAT JURISDICTION FOR SUCH MATTERS WAS BEING DEFINED UNDER THE AGENCY'S
ENFORCEMENT DIVISION WHILE HIS UNIT WAS CULLING A "DATA BASE." THE
PROBLEM, ACCORDING TO MR. PLEHN, WAS BUREAUCRATIC.
AS LONG AGO AS APRIL 20, 1978, AND MORE THAN THREE MONTHS BEFORE
OFFICIALS RECOGNIZED THAT LOVE CANAL AS AN EMERGENCY, MR. KAUFMAN WROTE
JOHN P. LEHMAN, E.P.A.'S HAZARDOUS WASTE MANAGEMENT DIVISION DIRECTOR,
AND SAID IT WAS "IMPERATIVE" THAT DUMPSITES ACROSS THE COUNTRY BE
CLEANED UP IMMEDIATELY. "WE ARE RECEIVING REPORTS THAT, FOR THE MOST
PART, THE STATE OF HAZARDOUS-WASTE MANAGEMENT IN THE U.S. IS AS BAD OR
WORSE THAN IT WAS WHEN CONGRESS PASSED (THE RESOURCE CONSERVATION AND
RECOVERY ACT)." MR. KAUFMAN WROTE, "I RECOMMEND THAT WE SHIFT OUR POLICY
EMPHASIS AND NOT CLOSE OUR EYES TO THE FACT THAT HAZARDOUS-WASTE
FACILITIES LOCATED IN MANY STATES ARE PRESENTING HAZARDS TO THE PUBLIC."
NEITHER E.P.A. OFFICIALS NOR REGIONAL OFFICES PAID MUCH ATTENTION TO
THAT ADVICE. WHEN MR. LEHMAN WARNED E.P.A.'S REGIONAL OFFICE FOR OHIO
THAT A CHEMICAL FACILITY IN AKRON MIGHT BE AN "IMMINENT HAZARD" (IT
APPEARED TO BE LEAKING CHEMICALS INTO DRINGING WELLS), THE OFFICE SENT
BACK A POINTED NOTE REPRIMANDING HIM FOR 'LOOSELY' USING THE TERM
"IMMINENT HAZARD" AND STATING THAT THE REGION'S AIR AND HAZARDOUS
MATERIAL DIVISION DID "NOT INTEND TO SEND ANY PERSON FROM THIS OFFICE
OUT TO INSPECT THE FACILITY AT THIS TIME." AT ABOUT THE SAME TIME, MR.
PLEHN WROTE MR. LEHMAN A MEMORANDUM SUGGESTING THAT HE "PUT A HOLD ON
ALL IMMINENT-HAZARD EFFORTS."
BUT THE AGENCY CANNOT BE HELD AS THE SOLE CULPRIT. ITS LARGE VOLUME
OF RESPONSIBILITIES -- FROM CAR EMISSIONS TO MICROWAVES -- IS AN AWESOME
TASK. AND IT OFTEN GETS LITTLE HELP FROM STATE, COUNTY AND CITY
AGENCIES. THE NIAGARA COUNTY HEALTH DEPARTMENT AND THE CITY GOVERNMENT
DID NOT CONSIDER THE LOVE CANAL SITUATION AN EMERGENCY, FOR EXAMPLE,
AND, IN FACT, PLAYED DOWN THE PROBLEM, AND THE NEW YORK STATE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION DID LITTLE IN THE WAY OF INVESTIGATION.
NOT UNTIL THE STATE DEPARTMENT OF HEALTH STEPPED IN WAS MATTER REGARDED
AS URGENT.
MUCH OF THE RANDOMNESS WITH WHICH CHEMICAL COMPANIES HAVE CHOSEN
THEIR DUMPING GROUNDS OVER THE YEARS WILL NO DOUBT CONTINUE UNTIL THE
RESOURCE CONSERVATION AND RECOVERY ACT IS IMPLEMENTED. EVEN THEN THE
PROBLEM WILL NOT GO AWAY. THERE IS SIMPLY NO SUCH THING AS A TOTALLY
SECURE, SELF-CONTAINED LANDFILL, A FACT EVEN THOSE IN THE BUSINESS
ADMIT. "THERE IS NO PROOF A LANDFILL, 100 YEARS FROM NOW, WON'T LEACH."
SAYS PAUL CHENARD, PRESIDENT OF SCA CHEMICAL WASTE SERVICES INC. HE
SAYS DISPOSAL METHODS HAVE BEEN IMPROVED. PITS CAN BE LINED WITH A
SPECIAL PLASTIC. WASTE-DISPOSAL FIRMS CAN EXCAVATE ON CLAY-BASED SOIL,
COMPACT THE GROUND, INSTALL STANDPIPES TO PUMP OUT LEACHATE, AND SLOPE
THE FINAL COVER TO MINIMIZE RAIN INFILTRATION. BUT THE STATE OF THE ART
IS NEW AND NO ONE ISSUES GUARANTEES. MANY ENVIRONMENTALISTS FEEL THAT
ONLY WHEN THERE IS "CRADLE-TO-DEATH" LEGISLATION DEMANDING THAT WASTES
BE RENDERED INNOCUOUS BEFORE DISPOSAL WILL THE PROBLEM BE UNDER CONTROL,
AND THERE ARE NO SIGNS OF THAT HAPPENING IN THE NEAR FUTURE.
AN E.P.A. MEMORANDUM HAS LISTED MORE THAN 32,254 STORAGE, TREATMENT
AND DISPOSAL SITES, BOTH ON AND OFF INDUSTRIAL PREMISES, AS EXISTING IN
THE NATION. IN AN EARLIER BREAKDOWN, CALIFORNIA RANKED FIRST, WITH
2,958; PENNSYLVANIA, NEW YORK, OHIO AND TEXAS WERE NOT FAR BEHIND.
THOSE STATISTICS, OFFICIALS EMPHASIZE, REFER ONLY TO KNOWN SITES. AND
EVEN AT THE KNOWN SITES THE QUALITY OF THE TREATMENT IS QUESTIONABLE.
ONE ESTIMATE IS THAT LESS THAN 7 PERCENT OF THE 92 BILLION POUNDS OF
CHEMICAL WASTE GENERATED EACH YEAR RECEIVES PROPER DISPOSAL. AFTER
WORKING IN NIAGARA FALLS FOR SEVERAL MONTHS, DR. DAVID AXELROD, NEW YORK
STATE HEALTH COMMISSIONER, SAYS THE OVERALL PROBLEMS OF IMPROPER
DISPOSAL AND TREATMENT "ARE INCREDIBLY IMMENSE." THE HOOKER COMPANY -
WHICH CONTENDS THAT IT DID NOT KNOW THE POSSIBLE DANGERS AND WAS SIMPLY
DISPOSING OF WASTES AS EVERYONE ELSE DID - IS ALREADY FACED WITH CLAIMS
AGAINST IT IN EXCESS OF $2 BILLION, AND CITIZENS' DEMANDS UPON THE STATE
ARE ONLY JUST BEGINNING. NEW DISCOVERIES FO DIOXIN ARE PROMPTING NEW
DEMONSTRATIONS, NEW ARRESTS OF DEMONSTRATORS AND NEW REQUESTS FOR
EVACUATION AND RECOLATION. PATRICIA PINO, WHOSE HOME IN NIAGARA FALLS
IS NOW UNMARKETABLE, WAS ONE OF THOSE ARRESTED. "WE REQUEST A REPRIEVE
FROM DEATH ROW," SHE TELEGRAPHED GOV. HUGH CAREY. "WE ARE INNOCENT OF
ANY CRIME." HER TWO CHILDREN HAVE LIVER ABNORMALITIES, AND SHE HAS
LEARNED THAT SHE HERSELF HAS CANCER.
MR. STAFFORD. MR. PRESIDENT, WILL THE SENATOR YIELD FOR A QUESTION?
MR. BUMPERS. CERTAINLY.
MR. STAFFORD. I WONDER IF THE SENATOR WOUDL CARE TO HAVE A COSPONSOR
ON HIS AMENDMENT. I WOULD BE DELIGHTED TO BE A COSPONSOR OF THE
AMENDMENT.
MR. BUMPERS. MR. PRESIDENT, LET THE RECORD SHOW THAT THE
DISTINGUISHED SENATOR FROM VERMONT (MR. STAFFORD) ASKS TO BE MADE A
COSPONSOR OF THIS AMENDMENT.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
MR. CHAFFEE. MR. PRESIDENT, WE HAVE NO OBJECTION TO THE AMENDMENT.
MR. RANDOLPH. MR. PRESIDENT, THE AMENDMENT, WHICH WE HAVE CONSIDERED
CAREFULLY BEFORE COMING TO THE FLOOR TODAY WITH THE ABLE SENATOR FROM
ARKANSAS, WE THINK, RATHER THAN DRAWING AWAY FROM THE PURPOSE OF THE
ACT, FOCUSES ATTENTION UPON A VERY CRITICAL SUBJECT; AND, LIKE THE
SENATOR FROM VERMONT, I NOW ASK THE PRIVILEGE, IF AGREEABLE, OF ALSO
BEING ADDED AS A COSPONSOR OF THE AMENDMENT.
MR. BUMPERS. I THANK THE SENATOR VERY MUCH. I AM HONORED TO HAVE
THE DISTINGUISHED SENATOR FROM WEST VIRGINIA (MR. RANDOLPH) AS A
COSPONSOR OF MY AMENDMENT.
MR. PRESIDENT, I MOVE THE ADOPTION OF THE AMENDMENT.
THE PRESIDING OFFICER. IS ALL REMAINING TIME YIELDED BACK?
MR. BUMPERS. I YIELD BACK THE REMAINDER OF MY TIME.
MR. RANDOLPH. I YIELD BACK THE REMAINDER OF MY TIME.
THE PRESIDING OFFICER. THE QUESTION IS ON AGREEING TO THE AMENDMENT
OF THE SENATOR FROM ARKANSAS.
THE AMENDMENT WAS AGREED TO.
(PURPOSE: TO PROVIDE COORDINATION BETWEEN PERMITS FOR COAL MINING
WASTES ISSUED BY THE OFFICE OF SURFACE MINING AND PERMITS WHICH MAY BE
ISSUED UNDER THE SOLID WASTE DISPOSAL ACT)
MR. RANDOLPH. MR. PRESIDENT, I SEND AN AMENDMENT TO THE DESK AND ASK
FOR ITS IMMEDIATE CONSIDERATION.
THE PRESIDING OFFICER. THE AMENDMENT WILL BE STATED.
THE SECOND ASSISTANT LEGISLATIVE CLERK READ AS FOLLOWS:
THE SENATOR FROM WEST VIRGINIA (MR. RANDOPHY8 FOR HIMSELF, MR.
HUDDLESTON, MR. FORD, AND MR. ROBERT C. BYRD, PROPOSES AN UNPRINTED
AMENDMENT NUMBERED 210.
MR. RANDOLPH. I ASK UNANIMOUS CONSENT THAT FURTHER READING OF THE
AMENDMENT BE DISPENSED WITH.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
THE AMENDMENT IS AS FOLLOWS:
ON PAGE 2, AFTER LINE 9, INSERT THE FOLLOWING NEW SECTION AND
RENUMBER SUCCEEDING SECTIONS ACCORDINGLY:
"SEC. 3(A) SECTION 1008(B) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED
BY INSERTING 'THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 (30
U.S.C. 1201 AND FOLLOWING),' BEFORE 'AND SUCH OTHER ACTS OF CONGRESS'.
"(B) SECTIONS 501(A)(B), 503 (B)(2), 516 (B)(4), AND 713 OF THE
SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 SHALL BE DEEMED TO
PERTAIN TO REQUIREMENTS UNDER THE SOLID WASTE DISPOSAL ACT AS WELL AS
THE AUTHORITIES ENUMERATED THEREIN."
ON PAGE 6, AFTER LINE 4, INSERT THE FOLLOWING NEW SECTION AND
RENUMBER SUCCEEDING SECTIONS ACCORDINGLY:
"SEC. 10. SECTION 3005 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
ADDING THE FOLLOWING NEW SUBSECTION:
"(F) COAL MINING WASTES AND RECLAMATION PERMITS - IN ACCORDANCE WITH
THE REQUIREMENTS FOR INTEGRATION UNDER SECTION 1006(B) OF THIS ACT, NO
INDIVIDUAL PERMIT SHALL BE REQUIRED UNDER THIS TITLE FOR ANY COAL MINING
WASTES OR OVERBURDEN COVERED BY A PERMIT AND RECLAMATION PLAN ISSUED OR
APPROVED UNDER THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977.
THE ADMINISTRATOR IS AUTHORIZED TO ISSUE A GENERAL PERMIT UNDER THIS
SECTION, CONSISTENT WITH AND REFLECTING THE REQUIREMENTS OF THE SURFACE
MINING CONTROL AND RECLAMATION ACT OF 1977 FOR ALL SUCH COAL MINING
WASTES OR OVERBURDEN FOR WHICH SUCH PERMITS HAVE BEEN ISSUED, IN LIEU OF
ANY INDIVIDUAL PERMIT.'."
MR. RANDOLPH. MR. PRESIDENT, THE MAJORITY LEADER (MR. ROBERT C.
BYRD) AND THE TWO SENATORS FROM KENTUCKY (MR. HUDDLESTON AND MR. FORD)
HAVE JOINED ME IN THIS AMENDMENT. IT PROVIDES THAT THE ENVIRONMENTAL
PROTECTION AGENCY WILL DEFER TO THE OFFICE OF SURFACE MINING ON PERMITS
FOR COAL MINING WASTES AND OVERBURDEN. ONLY PERMITS FROM THE OFFICE OF
SURFACE MINING WILL BE REQUIRED. ANY REQUIREMENT WHICH WOULD RESULT
FROM THE SUBTITLE (C) HAZARDOUS WASTES PROGRAM WILL BE INTEGRATED INTO
THE OFFICE OF SURFACE MINING PERMIT REQUIREMENT.
ONE REGULATORY PROGRAM, I THINK, OUGHT TO BE SUFFICIENT TO COPE WITH
ANY HAZARDOUS ASPECTS OF COAL MINING WASTES. I THINK IT IS A REALISTIC
APPROACH. IT DOES NOT ATTEMPT TO DO ANYTHING OTHER THAN GIVE CLOSE
ATTENTION, THROUGH THE SURFACE MINING ACT, TO THIS PROBLEM, WHICH IS A
VERY REAL ONE. THE PURPOSE OF AUTHORIZING THE ADMINISTRATOR TO ISSUE A
GENERAL PERMIT IS TO ALLOW A SINGLE, BLANKET PERMIT COVERING ALL COAL
MINING WASTE SITES WITH PERMITS FROM THE OFFICE OF SURFACE MINING, TO
SUBSTITUTE FOR ANY INDIVIDUAL SITE, HAZARDOUS WASTE PERMIT REQUIREMENT
UNDER THE ACT.
SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1979
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I HOPE THERE CAN BE AGREEMENT ON THE AMENDMENT WHICH I AM OFFERING.
MR. ROBERT C. BYRD. MR. PRESIDENT, I AM PLEASED TO JOIN MY COLLEAGUE
FROM WEST VIRGINIA AS A COSPONSOR OF THIS AMENDMENT.
THE AMENDMENT WILL SIMPLIFY THE REGULATORY REQUIREMENTS OF THE TWO
LAWS. PERMITS OBTAINED UNDER THE SURFACE MINING ACT OF 1977 WILL
FULFILL THE REQUIREMENTS OF THE SOLID WASTE DISPOSAL ACT. COAL
PRODUCERS WILL NOT HAVE TO GET TWO SETS OF PERMITS FROM TWO FEDERAL
AGENCIES FOR ONE ACTIVITY; WASTE DISPOSAL.
COOPERATION BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND THE
OFFICE OF SURFACE MINING IS A DESIRABLE GOAL. THIS AMENDMENT WILL HELP
ACHIEVE SUCH COOPERATION, AND I URGE THAT IT BE ADOPTED.
MR. CHAFEE. MR. PRESIDENT, WE HAVE NO OBJECTION TO THE AMENDMENT.
THE PRESIDING OFFICER. IS ALL REMAINING TIME YIELDED BACK?
MR. RANDOLPH. I YIELD BACK THE REMAINDER OF MY TIME.
MR. CHAFEE. I YIELD BACK THE REMAINDER OF MY TIME.
THE PRESIDING OFFICER. THE QUESTION IS ON AGREEING TO THE AMENDMENT
OF THE SENATOR FROM WEST VIRGINIA.
THE AMENDMENT (UP NO. 210) WAS AGREED TO.
MR. RANDOLPH. MR. PRESIDENT, I MOVE TO RECONSIDER THE VOTE BY WHICH
THE AMENDMENT WAS AGREED TO.
MR. STAFFORD. I MOVE TO LAY THAR MOTION ON THE TABLE.
THE MOTION TO LAY ON THE TABLE WAS AGREED TO.
MR. RANDOLPH. MR. PRESIDENT, THERE IS ANOTHER AMENDMENT THAT I WOULD
LIKE TO PROPOSE AT THIS TIME.
THE PRESIDING OFFICER. THE AMENDMENT WILL BE STATED.
THE LEGISLATIVE CLERK READ AS FOLLOWS:
THE SENATOR FROM WEST VIRGINIA (MR. RANDOLPH) PROPOSES AN UNPRINTED
AMENDMENT NUMBERED 211:
ON PAGE 15, LINE 11, AFTER "THIS ACT" STRIKE THE COMMA AND INSERT IN
LIEU THEREOF "OR ANY OTHER AUTHORITY OF THE ADMINISTRATOR, THE
ADMINISTRATOR OR THE ATTORNEY GENERAL".
MR. RANDOLPH. MR. PRESIDENT, THIS GOES TO THE SUBJECT OF SUBPEONA
POWER WITHIN THE DEPARTMENT OF JUSTICE. UNDER THE AMENDMENT THAT HAS
JUST BEEN READ, THE ATTORNEY GENERAL WOULD HAVE THE AUTHORITY-- AND THAT
IS THE ATTORNEY GENERAL OF THE UNITED STATES-- TO SUBPEONA RECORDS AND
TO COMPEL TESTIMONY OF WITNESSES IN THE EIFORCEMENT ACTIONS UNDER THE
GOVERNMENTAL STATUTES.
THIS AUTHORITY WAS REQUESTED BY OUR COMMITTEE. IT WAS BROUGHT TO OUR
ATTENTION BY THE UUSTICE DEPARTMENT THROUGH ASSISTANT ATTORNEY GENERAL
JAMES MOORMAN.
I BELIEVE THAT THE AMENDMENT IS HELPFUL, AND I TRUST THAT THERE CAN
BE AGREEMENT FROM THE MINORITY IN THIS MATTER.
MR. CHAFEE. MR. PRESIDENT, WE HAVE NO OBJECTION.
MR. RANDOLPH. I HIELD BACK THE REMAINDER OF MY TIME.
THE PRESIDING OFFICER. THE QUESTION IS ON AGREEING TO THE AMENDMENT
OF THE SENATOR FROM WEST VIRGINIA (MR. RANDOLPH).
THE AMENDMENT (UP NO. 211) WAS AGREED TO.
MR. CHAFEE. MR. PRESIDENT, I SEND TO THE DESK AN AMENDMENT AND ASK
FOR ITS IMMEDIATE CONSIDERATION.
THE PRESIDING OFFICER. THE AMENDMENT WILL BE STATED.
THE LEGISLATIVE CLERK READ AS FOLLOWS:
THE SENATOR FROM RHODE ISLAND (MR. CHAFEE), FOR HIMSELF, MR.
RANDOLPH, AND MR. STAFFORD, PROPOSES AN UNPRINTED AMENDMENT NUMBERED
212:
ON PAGE 2, AFTER LINE 9
MR. CHAFEE. I ASK UNANIMOUS CONSENT THAT FURTHER READING OF THE
AMENDMENT BE DISPENSED WITH.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
THE AMENDMENT IS AS FOLLOWS:
ON PAGE 2, AFTER LINE 9, INSERT THE FOLLOWING NEW SECTION AND
RENUMBER SUCCEEDING SECTIONS ACCORDINGLY.
SEC. . SECTION 2001 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
REDESIGNATING IT AS SECTION 2001(A) AND BY INSERTING A NEW SECTION
2001(B) AS FOLLOWS:
"(B) INTERAGENCY COORDINATING COMMITTEE-- (1) THERE IS HEREBY
ESTABLISHED AN INTERAGENCY COORDINATING COMMITTEE ON FEDERAL RESOURCE
CONSERVATION AND RECOVERY ACTIVITIES WHICH SHALL HAVE THE RESPONSIBILITY
FOR COORDINATING ALL ACTIVITIES DEALING WITH CONSERVATION AND RECOVERY
FROM SOLID WASTE CARRIED OUT BY THE ENVIRONMENTAL PROTECTION AGENCY, THE
DEPARTMENT OF ENERGY, THE DEPARTMENT OF COMMERCE, AND ALL OTHER FEDERAL
AGENCIES WHICH CONDUCT SUCH ACTIVITIES PURSUANT TO THIS OR ANY OTHER
ACT. FOR PURPOSES OF THIS SUBSECTION "RESOURCE CONSERVATION AND
RECOVERY ACTIVITIES" SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL RESEARCH,
DEVELOPMENT AND DEMONSTRATION PROJECTS ON RESOURCE CONSERVATION OR
ENERGY OR MATERIAL RECOVERY FROM SOLID WASTE, AND ALL TECHNICAL OR
FINANCIAL ASSISTANCE FOR STATE OR LOCAL PLANNING FOR, OR IMPLEMENTATION
OF, PROJECTS RELATED TO RESOURCE CONSERVATION OR ENERGY OR MATERIAL
RECOVERY FROM SOLID WASTE. THE COMMITTEE SHALL BE CHAIRED BY THE
ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY OR SUCH PERSON AS
THE ADMINISTRATOR MAY DESIGNATE. MEMBERS OF THE COMMITTEE SHALL INCLUDE
REPRESENTATIVES OF THE DEPARTMENT OF ENERGY, THE DEPARTMENT OF COMMERCE,
THE DEPARTMENT OF THE TREASURY, AND EACH OTHER FEDERAL AGENCY WHICH THE
ADMINISTRATOR DETERMINES TO HAVE PROGRAMS OR RESPONSIBILITIES AFFECTING
RESOURCE CONSERVATION OR RECOVERY.
"(2) THE INTERAGENCY COORDINATING COMMITTEE SHALL INCLUDE OVERSIGHT
OF THE IMPLEMENTATION OF (A) THE MAY 1979 MEMORANDUM OF UNDERSTANDING ON
ENERGY RECOVERY FROM MUNICIPAL SOLID WASTE BETWEEN THE ENVIRONMENTAL
PROTECTION AGENCY AND THE DEPARTMENT OF ENERGY; (B) THE MAY 30, 1978,
INTERAGENCY AGREEMENT BETWEEN THE DEPARTMENT OF COMMERCE AND THE
ENVIRONMENTAL PROTECTION AGENCY ON THE IMPLEMENTATION OF THE RESOURCE
CONSERVATION AND RECOVERY ACT; AND (C) ANY SUBSEQUENT AGREEMENTS
BETWEEN THESE GENCIES OR OTHER FEDERAL AGENCIES WHICH ADDRESS FEDERAL
RESOURCE RECOVERY OR CONSERVATION ACTIVITIES.
"(3) THE INTERAGENCY COORDINATING COMMITTEE SHALL SUBMIT TO THE
CONGRESS BY MARCH 1, 1980, AND ON MARCH 1 EACH YEAR THEREAFTER, A FIVE
YEAR ACTION PLAN FOR FEDERAL RESOURCE CONSERVATION OR RECOVERY
ACTIVITIES, WHICH SHALL IDENTIFY MEANS AND PROPOSE PROGRAMS TO ENCOURAGE
RESOURCE CONSERVATION OR MATERIAL AND ENERGY RECOVERY AND INCREASE
PRIVATE AND MUNICIPAL INVESTMENT IN RESOURCE CONSERVATION OR RECOVERY
SYSTEMS, ESPECIALLY THOSE WHICH PROVIDE FOR MATERIAL CONSERVATION OR
RECOVERY AS WELL AS ENERGY CONSERVATION OR RECOVERY. SUCH PLAN SHALL
DESCRIBE, AT A MINIMUM, A COORDINVTED AND NON-DUPLICATORY PLAN FOR
RESOURCE RECOVERY AND CONSERVATION ACTIVITIES FOR THE ENVIRONMENTAL
PROTECTION AGENCY, THE DEPARTMENT OF ENERGY, THE DEPARTMENT OF COMMERCE,
AND ALL OTHER FEDERAL AGENCIES WHICH CONDUCT SUCH ACTIVITIES."
MR. CHAFEE. MR. PRESIDENT, THIS AMENDMENT IS SUBMITTED ON BEHALF OF
SENATOR RANDOLPH, SENATOR STARRORD, AND MYSELF. IT ESTABLISHES AN
INTERAGENCY COMMITTEE TO COORDINATE FEDERAL EFFOTS TOWARDS RESOURCE
CONSERVATION AND RESOURCE RECOVERY. IT REQUIRES THE COMMITTEE TO
ESTABLISH 5-YEAR PLANS TO ENHANCE RESOURCE CONSERVATION AND RESOURCE
RECOVERY. THERE ARE REPRESENTATIVES FROM EPA, COMMERCE, AND ENERGY ON
THIS INTERAGENCY COMMITTEE. I MOVE ADOPTION OF THE AMENDMENT.
MR. RANDOLPH. MR. PRESIDENT, I WILL TAKE JUST 30 SECONDS TO SAY THAT
THE AMENDMENT, WHICH I AM HAPPY TO JOIN THE SENATOR FROM RHODE ISLAND IN
OFFERING, IS ONE THAT IS A TIGHTENING UP PROCESS, WHICH IS VERY
IMPORTANT. I AM IN AGREEMENT WITH THE AMENDMENT.
THE PRESIDING OFFICER. ALL TIME HAVING BEEN YIELDED BACK, THE
QUESTION IS ON AGREEING TO THE AMENDMENT.
THE AMENDMENT WAS AGREED TO.
MR. CHAFEE. I BELIEVE WE ARE READY FOR FINAL PASSAGE.
MR. RANDOLPH. MR. PRESIDENT, WE DO HAVE AN ISSUE THAT THE SENATOR
FROM NEW JERSEY (MR. BRADLEY) WISHES TO DISCUSS. HE IS ON HIS WAY TO
THE CHAMBER AND SHOULD BE HERE WITHIN A MINUTE OR TWO.
IF AGREEABLE AT THIS TIME, I WILL ASK UNANIMOUS CONSENT THAT THE
SECRETARY OF THE SENATE BE AUTHORIZED TO MAKE TECHNICAL AND CLERICAL
CORRECTIONS WHEN THERE IS AN ENGROSSMENT, IF THERE IS, IN S.1156.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
MR. RANDOLPH. MR. PRESIDENT, I SUGGEST THE ABSENCE OF A QUORUM.
THE PRESIDING OFFICER. THE CLERK WILL CALL THE ROLL.
THE SECOND ASSISTANT LEGISLATIVE CLERK PROCEEDED TO CALL THE ROLL.
MR. RANDOLPH. MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT THE ORDER
FOR THE QUORUM CALL BE RESCINDED.
THE PRESIDING O-FICER. WITHOUT OBJECTION, IT IS SO ORDERED.
MR. BRADLEY. MR. PRESIDENT, I RISE IN SUPPORT OF S.1156 THE SOLID
WASTE DISPOSAL ACT AMENDMENTS OF 1979. A STRONG NATIONAL WASTE DISPOSAL
PROGRAM ESPECIALLY AGGRESSIVE ENFORCEMENT OF HAZARDOUS WASTE DISPOSAL
REGULATIONS, IS NEEDED URGENTLY TO ASSIST THE STATES WITH THE GROWING
AND VARIED PROBLEMS ASSOCIATED WITH REFUSE DISPOSAL.
IN 1978 THIS COUNTRY PRODUCED APPROXIMATELY 490 MILLION METRIC TONS
OF REFUSE. WITH PROPER DISPOSAL, MATERIALS CAN BE RECYCLED, ENERGY
RESOURCES DEVELOPED, AND TRANSPORTATION AND LAND FILL COSTS REDUCED.
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DISPOSAL OF TOXIC SUBSTANCES IS A CRITICAL PART OF A NATIONAL WASTE
PROGRAM. IT POSES GRAVE AND IMMINENT ECONOMIC, HEALTH, AND SOCIAL
CONCERNS TO THE CITIZENS OF VIRTUALLY EVERY STATE. UNLAWFUL DUMPING,
NEGLIGENT, AND INADEQUATE DISPOSAL AND STORAGE OF HAZARDOUS WASTES HAS
CREATED A FRIGHTENING NATIONAL PROBLEM, THE DIMENSIONS OF WHICH ARE ONLY
NOW BEGINNING TO BE UNDERSTOOD. THE LEGISLATION BEFORE THE SENATE TODAY
WILL EXPAND EPA'S ABILITY TO ASSIST STATE AND LOCAL GOVERNMENTS IN THE
ENFORCEMENT OF HAZARDOUS WASTE DISPOSAL REGULATIONS AND THUS DESERVES
OUR FULL SUPPORT.
IF I MAY ASK THE DISTINGUISHED CHAIRMAN, SENATOR RANDOLPH, IT IS MY
UNDERSTANDING THAT THE ENVIRONMENTAL RESEARCH DEVELOPMENT AND
DEMONSTRATION REAUTHORIZATION ACT OF 1980 (H.R. 2676), AS RECENTLY
PASSED BY THIS BODY, AUTHORIZES EPA TO EXPEND $4 MILLION TO DEMONSTRATE
EFFECTIVE HAZARDOUS WASTE CLEANUP AND ISOLATION TECHNIQUES. IS THAT
CORRECT?
MR. RANDOLPH. THE SENATOR IS A NEW MEMBER OF THE BODY FROM NEW
JERSEY, AND WE ARE DELIGHTED THAT HE USES THIS OCCASION TO SPEAK ON AN
IMPORTANT MATTER. AS WE LOOK BACK AT THE REFERENCE TO THE ACT THAT HE
HAS SPOKEN OF, H.R. 2676, IT DOES PROVIDE, AS HE HAS SAID FOR AN
AUTHORIZATION OF $4 MILLION. THAT WOULD GO INTO THE DEMONSTRATION
PROGRAMS THAT HE FEELS ARE VERY VITAL. I CAN SAY THAT I APPLAUD HIS
ATTENTION TO THE SUBJECT AND CERTAINLY, I THINK THAT HIS STATEMENT CAN
FORM A PROPER PLACE IN THE CONSIDERATION OF THIS BILL, THINKING IN TERMS
OF THE LEGISLATION TO WHICH HE MAKES REFERENCE.
MR. BRADLEY. HOPEFULLY, THE KNOWLEDGE GAINED THROUGH SUCH
DEMONSTRATIONS WILL PROVE VALUABLE TO STATES SUCH AS MY OWN, WHICH ARE
STRUGGLING WITH THE INCREASING BURDEN OF PROTECTING THE PUBLIC FROM THE
SIGNIFICENT HAZARDS CREATED BY IMPROPERLY DISPOSED-OF WASTES. INCIDENTS
OF UNLAWFUL DISPOSAL AND ABANDONMENT OF HAZARDOUS WASTES HAS CREATED A
MULTI-MILLION DOLLAR CLEANUP JOB FOR MY STATE OF NEW JERSEY AND
ENDANGERS THE LIVES AND PROPERTY OF ITS CITIZENS.
CERTAIN NEW JERSEY HAZARDOUS WASTE SITES ARE PROVING PARTICULARLY
TROUBLESOME, BECAUSE THEY DO NOT INVOLVE A SINGLE OR IDENTIFIABLE TOXIC,
BUT RATHER DOZENS OF DIFFERENT COMPOUNDS. SOME OF THESE CHEMICALS WERE
PREVIOUSLY UNKNOWN, THE RECENT INNOVATIONS OF AN UNACCOUNTABLE
LABORATORY. FOR EXAMPLE, A SITE IN ELIZABETH, N.J. PRESENTS ONE OF THE
MOST SERIOUS NATIONAL PROBLEMS OF THIS SORT. ALONG ITS WATERFRONT, A
PRIVATE DISPOSAL FIRM UNLAWFULLY HAS STORED MORE THAN 40,000 55-GALLON
DRUMS. MANY OF THE DRUMS CONTAIN DANGEROUS TOXICS AND EXPLOSIVES SUCH
AS PICRIC ACID CRYSTALS AND NITRO GLYCERIN. THERE IS IMMINENT DANGER OF
SOILLAGE ONTO LAND AND INTO ELIZABETH'S HARBOR.
ADDITIONALLY, RADIOACTIVE WASTES AND POISONOUS GASES SUCH AS CYANIDE
HAVE BEEN IDENTIFIED AT THE SITE AND COULD POSE A SERIOUS THREAT TO
LITERALLY HUNDREDS OF THOUSANDS OF PEOPLE WHO LIVE IN THE DANGER ZONE.
THE COMMUNITY IS FRIGHTENED, OUTRAGED AND HELPLESS. THE SECTION OF THE
WATERFRONT WHERE THE DRUMS ARE STORED HAS BEEN EVACUATED AND CLOSED TO
PUBLIC ACTIVITY. THE ASSETS OF THE COMPANY RESPONSIBLE FOR CREATING
THIS PROBLEM ARE IN STATE RECEIVERSHIP, BUT THEY ARE FAR FROM ADEQUATE
TO MEET THE ESTIMATED CLEANUP COST OF $10 MILLION. THROUGH THE NEW
JERSEY STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION IS NOW MOVING
RAPIDLY TO ANALYZE, ISOLATE, CONTAIN, AND PROVIDE PERMANENT DISPOSAL FOR
THE DRUMS CONTENTS, THE JOB IS PROVING FORMIDABLE AND PROGRESSING
SLOWLY. RESPONSIBLE STATE AGENCIES ARE UNDERSTAFFED AND LACK
INFORMATION ABOUT APPROPRIATE CONTAINMENT AND REPACKAGING OF CERTAIN
TOXIC MATERIALS.
THE DEMONSTRATION OF COST EFFECTIVE AND INNOVATIVE METHODS WHICH WILL
AID THE DISPOSAL OF HAZARDOUS WASTES IS CRUCIAL TO PROTECT THE LIVES AND
PROPERTY OF THOSE WHO ARE VICTIMS OF SUCH UNFORTUNATE OCCURRENCES.
I ASK THE DISTINGUISHED CHAIRMAN, AM I CORRECT THAT THE ELIZABETH
SITUATION IS THE TYPE OF PROBLEM WHICH THE COMMITTEE INTENDS TO BE
ADDRESSED BY THE $4 MILLION AUTHORIZATION OF APPROPRIATIONS IN H.R. 2676
AND THE REGULATIONS PROMULGATED UNDER SUBTITLE C OF THE RESOURCE
CONSERVATION AND RECOVERY ACT?
MR. RANDOLPH. MR. PRESIDENT, I RESPOND TO THE SENATOR FROM NEW
JERSEY (MR. BRADLEY) TO SAY YES, THE SERIOUS SITUATION, ALMOST TRAGIC IN
ITS IMPLICATIONS, THAT WE HAVE HAD DESCRIBED BY HIM IN REFERENCE TO
ELIZABETH, N.J., IS THE KIND OF PROBLEM THAT WE INTENDED THIS $4 MILLION
TO BE USED FOR. IT IS THE INTENTION OF THE MEMBERS OF OUR COMMITTEE
THAT THE RESEARCH AND DEVELOPMENT FUNDING BE USED TO AID IN THE FINDING
OF NEW AND, YES, MORE EFFECTIVE WAYS TO DISPOSE OF HAZARDOUS WASTE.
ALSO, THIS WILL HELP US TO ENFORCE THE PROVISIONS OF SUBTITLE (C).
THE SENATOR MAKES A CONTRIBUTION HERE BY DRAWING OUR ATTENTION TO IT
AND WE REAFFIRM WHAT WE HAVE DONE AND WHAT WE WOULD LIKE TO DO IN THE
FUTURE.
MR. BRADLEY. I THANK THE CHAIRMAN FOR HIS WILLINGNESS TO ENGAGE IN
THIS COLLOQUY AND FOR HIS FORESIGHT IN ADDRESSING THIS PROBLEM, WHICH
HAS SUCH REAL RAMIFICATIONS FOR THE PEOPLE OF NEW JERSEY.
MR. RANDOLPH. I THANK THE SENATOR.
MR. PRESIDENT. I BELIEVE THAT WE HAVE NO MORE REQUESTS FOR TIME. I
BELIEVE THAT NO FURTHER AMENDMENTS HAVE BEEN PRESENTED, AND WE HAVE NO
KNOWLEDGE OF AMENDMENTS THAT MIGHT YET BE OFFERED. IS THAT CORRECT?
MR. STAFFORD. MR. PRESIDENT, I SAY TO MY DISTINGUISHED FRIEND, THE
CHAIRMAN OF THE COMMITTEE, THAT I KNOW OF NO FURTHER AMENDMENTS NOR ANY
FURTHER REQUESTS TO SPEAK ON THIS SIDE. I AM, THEREFORE, PREPARED,
WHENEVER THE CHAIRMAN IS, TO YIELD BACK THE REMAINEDER OF MY TIME.
MR. RANDOLPH. I AM READY TO YIELD BACK THE TIME ALLOTTED TO THE
MAJORITY.
MR. STAFFORD. I YIELD BACK THE MINORITY'S TIME.
MR. WALLOP. MR. PRESIDENT, GENERALLY SECTION 3006 OF THE SOLID WASTE
DISPOSAL ACT PROVIDES AUTHORITY FOR THE STATES TO CARRY OUT HAZARDOUS
WASTE PROGRAMS IN LIEU OF THE FEDERAL PROGRAM UNLESS THE ADMINISTRATOR
OF THE ENVIRONMENTAL PROTECTION AGENCY FINDS THAT A STATE'S PROGRAM IS
NOT EQUIVALENT TO THE FEDERAL PROGRAM, IS NOT CONSISTENT WITH THE
FEDERAL PROGRAM OR STATE PROGRAMS APPLICABLE IN OTHER STATES, OR IT
WOULD NOT PROVIDE ADEQUATE ENFORCEMENT OF COMPLIANCE WITH THE HAZARDOUS
WASTES PROVISIONS OF THE ACT.
IT CONCERNS ME THAT THROUGH THIS ACT, AS IN THE CASE OF MANY OTHERS,
WYOMING AND OTHER RURAL STATES MAY BE FORCED INTO REQUIREMENTS THAT MAY
MAKE SENSE FOR NEW YORK CITY, BUT WHICH MAKE NO SENSE FOR RURAL
LOCALITIES.
IT SEEMS TO ME THAT ONE OF THE REAL ADVANTAGES OF STATE ASSUMPTION OF
THESE PROGRAMS ENVISIONED BY CONGRESS IN THE ACT, OVER A MORE UNIFORM
FEDERAL PROGRAM, IS THAT THE STATES ARE BETTER ABLE TO TAILOR THEIR
PROGRAMS TO MEET LOCAL CIRCUMSTANCES. WHILE AT THE SAME TIME HONORING
THE REQUIREMENTS AND SPIRIT OF THE ACT.
WITH THIS IN MIND, I ASK THE DISTINGUISHED FLOOR MANAGER OF THE BILL
TO CLARIFY FOR ME WHAT IS MEANT BY STATE PROGRAMS WHICH ARE "NOT
CONSISTENT" WITH THE FEDERAL PROGRAM.
MR. RANDOLPH. I WOULD BE HAPPY TO DO SO.
MR. WALLOP. IT IS MY UNDERSTANDING THAT CONSISTENCY WITH THE FEDERAL
PROGRAM DOES NOT MEAN THAT A STATE PROGRAM MUST OR SHOULD BE IDENTICAL
TO IT. RATHER, IT MEANS THAT IT MUST NOT BE INCONSISTENT WITH THE
FEDERAL PROGRAM OR THE PROGRAMS OF OTHER STATES. IT DOES NOT MEAN THAT
A STATE PROGRAM MUST DUPLICATE THE FEDERAL PROGRAM, OR DUPLICATE THE
PROGRAMS OF OTHER STATES.
IT SEEMS TO ME THAT SO LONG AS STATE PROGRAMS ARE NOT INCONSISTENT
WITH THE FEDERAL PROGRAM UNDER THE ACT, THEN TO THE EXTENT THAT STATE
PROGRAMS ARE REQUIRED TO BE IDENTICAL TO THE FEDERAL PROGRAM OR THE
PROGRAMS OF OTHER STATES, MUCH OF THE ADVANTAGE OF INTENDED STATE
FLEXIBILITY TO DEAL WITH LOCAL CONDITIONS AND SPECIAL PROBLEMS WILL BE
LOST.
MR. RANDOLPH. I AGREE WITH THE DISTINGUISHED SENATOR FROM WYOMING IN
HIS UNDERSTANDING OF WHAT IS MEANT BY "CONSISTENT" IN SECTION 3006 OF
THE ACT. WE DO NOT INTEND THAT IN ORDER TO RECEIVE AUTHORIZATION STATES
MUST ADOPT PROGRAMS WHICH EITHER DUPLICATE OR ARE IDENTICAL TO THE
FEDERAL PROGRAM OR THAT OF OTHER STATES. BY "CONSISTENT," WE MEAN THAT
THE STATE REGULATIONS SHOULD COORDINATE TO THE MAXIMUM EXTENT PRACTICAL
WITH THE FEDERAL PROGRAMS AND THE PROGRAMS OF OTHER STATES. SECTION
3006, I MIGHT ADD, ALSO REQUIRES THAT THE STATE PROGRAM BE EQUIVALENT TO
THE FEDERAL PROGRAM. THAT IS, IT MUST BE EQUALLY EFFECTIVE. IN
ADDITION, THE STATE MUST PROVIDE ADEQUATE ENFORCEMENT WITH THE
REQUIREMENTS OF THE RESOURCE CONSERVATION AND RECOVERY ACT. BUT THIS
DOES NOT MEAN THE STATE PROGRAM HAS TO BE IDENTICAL, AND IT IS THE
COMMITTEE'S VIEW THAT THE AGENCY SHOULD BE FLEXIBLE IN THIS REGARD.
MR. MUSKIE. MR. PRESIDENT, THE SOLID WASTE DISPOSAL ACT BEFORE US
FOR REAUTHORIZATION HAS ATTAINED EVEN MORE IMPORTANCE IN 1979 THAN WHEN
WE FIRST PASSED THE ACT IN 1965.
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THE ACTUAL GOALS OF THE ACT, AS AMENDED BY THE RESOURCE CONSERVATION
AND RECOVERY ACT OF 1976, REMAIN THE SAME. WE STILL WANT TO ENFORCE
REGULATIONS TO CONTROL THE DISPOSAL OF VARIOUS HAZARDOUS AND SOLID
WASTES, TO PROVIDE ASSISTANCE TO STATES TO HELP PLAN AND MANAGE DISPOSAL
FACILITIES, AND TO ENCOURAGE THE RECYCLING OF AVAILABLE MATERIALS. WHAT
HAS CHANGED, HOWEVER, IS THE URGENCY WITH WHICH WE MUST ACT TO BEGIN
ENFORCING THOSE PROVISIONS UNDER SUBTITLE C, THE HAZARDOUS WASTE SECTION
OF THE LAW.
THIS NATION HAS BEEN HIT WITH THE REALITY OF WHAT HAPPENS WHEN
ADEQUATE DISPOSAL STANDARDS ARE NOT FOLLOWED. FOR EXAMPLE:
THE CITIZENS AT LOVE CANAL.
THE PEOPLE WHO LIVED NEAR TOONE, TENN., AND.
THE 750 FAMILIES IN GREY, MAINE, WHO DRANK POLLUTED GROUNDWATER FOR 4
YEARS AS A RESULT OF IMPROPER WASTE MANAGEMENT, ALL HAVE HAD TO PAY THE
PRICE FOR INADEQUATE HAZARDOUS WASTE POLICIES AND LAWS.
OUR NEW SENSITIVITY HAS FORCED US TO ASSURE THAT THE MORE THAN 35
MILLION METRIC TONS OF HAZARDOUS WASTE PRODUCED IN THIS COUNTRY EACH
YEAR WILL BE MONITORED FROM ITS POINT OF GENERATION TO THE POINT OF ITS
DISPOSAL.
THE GENERAL ACCOUNTING OFFICE HAS TESTIFIED THAT ONLY TWO STATES IN
THE NATION, CALIFORNIA AND TEXAS, COME CLOSE TO HAVING ADEQUATE PROGRAMS
TO SAFEGUARD THEIR CITIZENS AGAINST THE PROBLEMS CAUSED BY THE IMPROPER
DISPOSAL OF HAZARDOUS WASTE. THERE IS A CLEAR NEED FOR A FEDERAL
PROGRAM WHICH SETS GUIDELINES AND ASSISTS STATES WHEREVER POSSIBLE. S.
1156, WHICH AMENDS THE SOLID WASTE DISPOSAL ACT, WILL HELP THESE
EFFORTS, AND I URGE ITS PASSAGE.
WE MUST BE CAUTIOUS, MR. PRESIDENT, IN AMENDING THIS STATUTE.
BROAD EXEMPTIONS TO THIS ACT COULD UNDERMINE THE ONLY ADEQUATE
GOVERNMENT AUTHORITY DEALING WITH THE DISPOSAL OF HAZARDOUS WASTE.
AN AMENDMENT AS BROAD AS THE ONE ACCEPTED BY THE HOUSE SUBCOMMITTEE
LAST MONTH COULD BE INTERPRETED TO EXEMPT ALL LIQUID AND SLUDGE
HAZARDOUS WASTES. THESE ACCOUNT FOR 60 TO 75 PERCENT OF ALL HAZARDOUS
WASTES. THEY REPRESENT AN IMMINENT DANGER TO MANY GROUNDWATER SUPPLIES
AROUND THIS NATION.
TO A LESSER DEGREE, I REMAIN CONCERNED WITH THE AMENDMENT PASSED BY
THE SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS WHICH EXEMPTS OIL
PRODUCTION MUDS AND BRINES FROM STRINGENT HAZARDOUS REGULATIONS. BUT I
AM CONFIDENT THE STUDY CALLED FOR IN THE AMENDMENT WILL PROVIDE
DEFINITIVE INFORMATION DETERMINING WHETHER OR NOT THESE SUBSTANCES ARE
HAZARDOUS.
THIS LAW DOES NOT DEAL WITH THE PAST PROBLEMS OF INADEQUATE HAZARDOUS
WASTE DISPOSAL OR THE PROBLEMS WITH ABANDONED DUMP SITES. THE
SUBCOMMITTEES ON ENVIRONMENTAL POLLUTION AND RESOURCE PROTECTION ARE
WORKING HARD TO DEVELOP NEW LEGISLATION IN THIS CONGRESS TO DEAL WITH
THE GENERAL RELEASE OF TOXIC CHEMICALS INTO THE ENVIRONMENT. THAT
LEGISLATION WILL ENCOMPASS THESE PAST PRACTICES AS WELL AS FUTURE
PROBLEMS.
THE REAUTHORIZATION OF THE SOLID WASTE DISPOSAL ACT IS A NECESSARY
STEP TOWARD THE GOAL OF CONTROLLING OUR WASTES IN THIS COUNTRY. IT IS
IMPORTANT, AND I URGE THE SENATE TO SUPPORT THIS LEGISLATION.
THE PRESIDING OFFICE. (MR. TSONGAS), IF THERE BE NO FURTHER
AMENDMENT TO BE PROPOSED, THE QUESTION IS ON THE ENGROSSMENT AND THIRD
READING OF THE BILL.
THE BILL WAS ORDERED TO BE ENGROSSED FOR A THIRD READING, WAS READ
THE THIRD TIME, AND PASSED AS FOLLOWS:
SECTION 1. THIS ACT MAY BE CITED AS THE "SOLID WASTE DISPOSAL ACT
EMENDMENTS OF 1979".
SEC. 2. (A) SECTION 1004(14) OF THE SOLID WASTE DISPOSAL ACT IS
AMENDED TO READ AS FOLLOWS:
"(14) 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) SECTION 1004 (19) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED TO
READ AS FOLLOWS:
"(19) THE TERM 'RECOVERED MATERIAL' MEANS WASTE MATERIAL AND
BYPRODUCTS WHICH HAVE BEEN RECOVERED RO DIVERTED FROM SOLID WASTE, BUT
DOES NOT INCLUDE THOSE MATERIALS GENERATED FROM AND COMMONLY REUSED
WITHIN THE ORIGINAL MANUFACTURING PROCESS ITSELF.".
SEC. 3(A) SECTION 1006(B) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED
BY INSERTING "THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 (30
U.S.C. 120 AND FOLLOWING)," BEFORE "AND SUCH OTHER ACTS OF CONGRESS".
(B) SECTIONS 501(A)(B), 503(B)(2), 516 (B)(4), AND 713 OF THE SURFACE
MINING CONTROL AND RECLAMATION ACT OF 1977 SHALL BE DEEMED TO PERTAIN TO
REQUIREMENTS UNDER THE SOLID WASTE DISPOSAL ACT AS WELL AS THE
AUTHORITIES ENUMERATED THEREIN.
SEC. 4. SECTION 2001 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
REDESIGNATING IT AS SECTION 2001(A) AND BY INSERTING A NEW SECTION
2001(B) AS FOLLOWS:
"(B) INTERAGENCY COORDINATING COMMITTEE - (1) THERE IS HEREBY
ESTABLISHED AN INTERAGENCY COORDINATING COMMITTEE ON FEDERAL RESOURCE
CONSERVATION AND RECOVERY ACTIVITIES WHICH SHALL HAVE THE RESPONSIBILITY
FOR COORDINATING ALL ACTIVITIES DEALING WITH RESOURCE CONSERVATION AND
RECOVERY FROM SOLID WASTE CARRIED OUT BY THE ENVIRONMENTAL PROTECTION
AGENCY, THE DEPARTMENT OF ENERGY, THE DEPARTMENT OF COMMERCE, AND ALL
OTHER FEDERAL AGENCIES WHICH CONDUCT SUCH ACTIVITIES PURSUANT TO THIS OR
ANY OTHER ACT. FOR PURPOSES OF THIS SUBSECTION, 'RESOURCE CONSERVATION
AND RECOVERY ACTIVITIES' SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL
RESEARCH, DEVELOPMENT AND DEMONSTRATION PROJECTS ON RESOURCE
CONSERVATION OR ENERGY, OR MATERIAL RECOVERY FROM SOLID WASTE, AND ALL
TECHNICAL OR FINANCIAL ASSISTANCE FOR STATE OF LOCAL PLANNING FOR, OR
IMPLEMENTATION OF, PROJECTS RELATED TO RESOURCE CONSERVATION OR ENERGY,
OR MATERIAL RECOVERY FOR SOLID WASTE. THE COMMITTEE SHALL BE CHAIRED BY
THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY OR SUCH PERSON
AS THE ADMINISTRATOR MAY DESIGNATE. MEMBERS OF THE COMMITTEE SHALL
INCLUDE REPRESENTATIVES OF THE DEPARTMENT OF ENERGY, THE DEPARTMENT OF
COMMERCE, THE DEPARTMENT OF THE TREASURY, AND EACH OTHER FEDERAL AGENCY
WHICH THE ADMINISTRATOR DETERMINES TO HAVE PROGRAMS OR RESPONSIBILITIES
AFFECTING RESOURCE CONSERVATION OR RECOVERY.
"(2( THE INTERAGENCY COORDINATING COMMITTEE SHALL INCLUDE OVERSIGHT
OF THE IMPLEMENTATION OF (A) THE MAY 1979 MEMORANDUM OF UNDERSTANDING ON
ENERGY RECOVERY FROM MUNICIPAL SOLID WASTE BETWEEN THE ENVIRONMENTAL
PROTECTION AGENCY AND THE DEPARTMENT OF ENERGY: (B) THE MAY 30, 1978,
INTERAGENCY AGREEMENT BETWEEN THE DEPARTMENT FO COMMERCE AND THE
ENVIRONMENTAL PROTECTION AGENCY ON THE IMPLEMENTATION OF THE RESOURCE
CONSERVATION AND RECOVERY ACT; AND (C) ANY SUBSEQUENT AGREEMENTS
BETWEEN THESE AGENCIES OR OTHER FEDERAL AGENCIES WHICH ADDRESS FEDERAL
RESOURCE RECOVERY OR CONSERVATION ACTIVITIES.
"(3) THE INTERAGENCY COORDINATING COMMITTEE SHALL SUBMIT TO THE
CONGRESS BY MARCH 1, 1980, AND ON MARCH 1 EACH YEAR THEREAFTER, A FIVE
YEAR ACTION PLAN FOR FEDERAL RESOURCE CONSERVATION OR RECOVERY
ACTIVITIES, WHICH SHALL IDENTIFY MEANS AND PROPOSE PROGRAMS TO ENCOURAGE
RESOURCE CONSERVATION OR MATERIAL AND ENERGY RECOVERY AND INCREASE
PRIVATE AND MUNICIPAL INVESTMENT IN RESOURCE CONSERVATION OR RECOVERY
SYSTEMS, ESPECIALLY THOSE WHICH PROVIDE FOR MATERIAL CONSERVATION OR
RECOVERY AS WELL AS ENERGY CONSERVATION OR RECOVERY. SUCH PLAN SHALL
DESCRIBE, AT A MINIMUM, A COORDINATED AND NON-DUPLICATORY PLAN FOR
RESOURCE RECOVERY AND CONSERVATION ACTIVITIES FOR THE ENVIRONMENTAL
PROTECTION AGENCY, THE DEPARTMENT OF ENERGY, THE DEPARTMENT OF COMMERCE,
AND ALL OTHER FEDERAL AGENCIES WHICH CONDUCT SUCH ACTIVITIES.".
SEC. 5. SECTION 2002(A) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED AS
FOLLOWS:
(1) IN SUBPARAGRAPH (4), BY STRIKING "AND" AT THE END THEREOF:
(2) IN SUBPARAGRAPH (5), BY STRIKING THE PERIOD AND INSERTING IN LIEU
THEREOF"; AND"; AND
(3) BY ADDING THE FOLLOWING NEW SUBPARAGRAPH AT THE END THEREOF;
(6) TO DELEGATE THE PERFORMANCE OF ANY INSPECTION OR ENFORCEMENT
FUNCTION UNDER THIS ACT TO ANOTHER DEPARTMENT, AGENCY OR INSTRUMENTALITY
OF THE FEDERAL GOVERNMENT WHERE SUCH DELEGATION WOULD AVOID UNNECESSARY
DUPLICATION OF ACTIVITY AND WOULD CARRY OUT THE OBJECTIVES OF THIS ACT
AND ALL APPLICABLE STATUTES ADMINISTERED BY SUCH OTHER DEPARTMENT,
AGENCY OR INSTRUMENTALITY.".
SEC. 6. (A) SECTION 2006(B) OF THE SOLID WASTE DISPOSAL ACT IS
AMENDED BY INSERTING AFTER "SUBSECTION (A)" A COMMA AND THE PHRASE "OR
$5,000,000 PER FISCAL YEAR, WHICHEVER IS LESS.".
(B) SECTION 2006 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY ADDING
THE FOLLOWING NEW SUBSECTION:
"(D) STATE AND LOCAL SUPPORT. -- NOT LESS THAN 25 PER CENTUM OF THE
TOTAL AMOUNT APPROPRIATED UNDER THIS TITLE, UP TO THE AMOUNT AUTHORIZED
IN SECTION 4008(A)(1), SHALL BE USED ONLY FOR PURPOSES OF SUPPORT TO
STATE, REGIONAL, LOCAL, AND INTERSTATE AGENCIES IN ACCORDANCE WITH
SUBTITLE D OF THIS ACT OTHER THAN SECTION 4008(A)(2) OR 4009.".
SEC. 7. SECTION 3001(B) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED
BY INSERTING "(1)" AFTER "(B)" AND BY ADDING THE FOLLOWING NEW
PARAGRAPHS:
"(2)(A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, DRILLING FLUIDS, PRODUCED WATERS, AND OTHER WASTES
ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF CRUDE OIL
OR NATURAL GAS OR GEOTHERMAL ENERGY SHALL BE SUBJECT ONLY TO EXISTING
STATE OR FEDERAL REGULATORY PROGRAMS IN LIEU OF SUBTITLE (C) UNTIL AT
LEAST 24 MONTHS AFTER THE DATE OF ENACTMENT OF THIS PARAGRAPH AND AFTER
PROMULGATION OF THE REGULATIONS IN ACCORDANCE WITH SUBPARAGRAPHS (B) AND
(C) OF THIS PARAGRAPH: PROVIDED, THAT SUCH STATE OR FEDERAL PROGRAMS
INCLUDE, FOR WASTE DISPOSAL SITES WHICH ARE TO BE CLOSED, PROVISIONS
REQUIRING AT LEAST THE FOLLOWING:
"(I) THE IDENTIFICATION THROUGH SURVEYING, PLATTING, OR OTHER
MEASURES, TOGETHER WITH RECORDATION OF SUCH INFORMATION ON THE PUBLIC
RECORD, SO AS TO ASSURE THAT THE LOCATION WHERE SUCH WASTES ARE DISPOSED
OF CAN BE LOCATED IN THE FUTURE; PROVIDED, HOWEVER, THAT NO SUCH
SURVEYING, PLATTING, OR OTHER MEASURE IDENTIFYING THE LOCATION OF A
DISPOSAL SITE FOR DRILLING FLUIDS AND ASSOCIATED WASTES SHALL BE
REQUIRED IF THE DISTANCE FROM THE DISPOSAL SITE TO THE SURVEYED OR
PLATTED LOCATION TO THE ASSOCIATED WELL IS LESS THAN TWO HUNDRED LINEAL
FEET; AND
"(II) A CHEMICAL AND PHYSICAL ANALYSIS OF A PRODUCED WATER AND A
COMPOSITION OF A DRILLING FLUID SUSPECTED TO CONTAIN A HAZARDOUS
MATERIAL, WITH SUCH INFORMATION TO BE ACQUIRED PRIOR TO CLOSURE AND TO
BE PLACED ON THE PUBLIC RECORD.
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"(B) NOT LATER THAN SIX MONTHS AFTER COMPLETION AND SUBMISSION OF THE
STUDY REQUIRED BY SECTION 8002(N) OF THIS ACT, THE ADMINISTRATOR SHALL,
AFTER PUBLIC HEARINGS AND OPPORTUNITY FOR COMMENT, DETERMINE EITHER TO
PROMULGATE REGULATIONS UNDER THIS SUBTITLE FOR DRILLING FLUIDS, PRODUCED
WATERS, AND OTHER WASTES ASSOCIATED WITH THE EXPLIRATION, DEVELOPMENT,
OR PRODUCTION OF CRUDE OIL OR NATURAL GAS OR GEOTHERMAL ENERGY OR THAT
SUCH REGULATIONS ARE UNWARRANTED. THE ADMINISTRATOR SHALL PUBLISH HIS
DECISION IN THE FEDERAL REGISTER ACCOMPANIED BY AN EXPLANATION AND
JUSTIFICATION OF THE REASONS FOR IT. IN MAKING THE DECISION UNDER THIS
PARAGRAPH, THE ADMINISTRATOR SHALL UTILIZE THE INFORMATION DEVELOPED OR
ACCUMULATED PURSUANT TO THE STUDY REQUIRED UNDER SECTION 8002(N).
"(C) THE ADMINISTRATOR SHALL TRANSMIT HIS DECISION, ALONG WITH ANY
REGULATIONS, IF NECESSARY, TO BOTH HOUSES OF CONGRESS. SUCH REGULATIONS
SHALL NOT TAKE EFFECT UNLESS BETWEEN THE DATE OF TRANSMITTAL AND THE END
OF THE FIRST PERIOD OF ONE HUNDRED AND TWENTY CALENDAR DAYS OF
CONTINUOUS SESSION OF CONGRESS AFTER THE DATE ON WHICH SUCH REGULATIONS
ARE TRANSMITTED TO SUCH HOUSE, EACH HOUSE OF CONGRESS PASSES A
RESOLUTION FAVORING SUCH REGULATIONS.
"(3)(A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, BY ASH WASTE, BOTTOM ASH WASTE, SLAG WASTE, AND FLUE GAS
EMISSION CONTROL WASTE GENERATED PRIMARILY FROM THE COMBUSTION OF COAL
OR OTHER FOSSIL FUELS SHALL BE SUBJECT ONLY TO EXISTING STATE OR FEDERAL
REGULATORY PROGRAMS IN LIEU OF SUBTITLE C UNTIL AT LEAST SIX MONTHS
AFTER THE DATE REQUIRED FOR SUBMISSION OF THE STUDY REQUIRED UNDER
SECTION 8002(O) OF THIS ACT AND AFTER PROMULGATION OF REGULATIONS IN
ACCORDANCE WITH SUBPARAGRAPH (B) OS THIS PARAGRAPH: PROVIDED, THAT
OWNERS AND OPERATORS OF DISPOSAL SITES FOR SUCH WASTES MAY BE REQUIRED
BY THE ADMINISTRATOR, THROUGH REGULATIONS PRESCRIBED UNDER AUTHORITY OF
SECTION 2002 OF THIS ACT, (I) AS TO DISPOSAL SITES FOR SUCH WASTES WHICH
ARE TO BE CLOSED, TO IDENTIFY THE LOCATIONS OF SUCH SITES THROUGH
SURVEYING, PLATTING, OR OTHER MEASURES, TOGETHER WITH RECORCATION OF
SUCH INFORMATION ON THE PUBLIC RECORD, SO AS TO ASSURE THAT THE LOCATION
WHERE SUCH WASTES ARE DISPOSED OF IS KNOWN AND CAN BE LOCATED IN THE
FUTURE, AND (II) TO PROVIDE CHEMICAL AND PHYSICAL ANALYSIS AND
COMPOSITION OF SUCH WASTES, BASED ON AVAILABLE INFORMATION, TO BE PLACED
ON THE PUBLIC RECORD.
"(B) NOT LATER THAN SIX MONTHS AFTER COMPLETION AND SUBMISSION OF THE
STUDY REQUIRED BY SECTION 8002(O) OF THIS ACT THE ADMINISTRATOR SHALL,
AFTER PUBLIC HEARINGS AND AN OPPORTUNITY FOR COMMENT, EITHER DETERMINE
TO PROMULGATE REGULATIONS UNDER THIS SUBTITLE FOR FLY ASH WASTE, BOTTOM
ASH WASTE, SLAG WASTE OR FLUE GAS EMISSION CONTROL WASTE GENERATED
PRIMARILY FROM THE COMBUSTION OF COAL OR OTHER FOSSIL FUELS, OR
DETERMINE THAT SUCH REGULATIONS ARE UNWARRANTED. THE ADMINISTRATOR
SHALL PBLISH HIS DECISION IN THE FEDERAL REGISTER ACCOMPANIED BY AN
EXPLANATION AND JUSTIFICATION OF THE REASONS FOR IT. IN MAKING THE
DECISION UNDER THIS PARAGRAPH, THE ADMINISTRATOR SHALL UTILIZE THE
INFORMATION DEVELOPED OR ACCUMULATED PURSUANT TO THE STUDY REQUIRED
UNDER SECTION 8002 OF THIS ACT."
SEC. 8. SECTION 8002(5) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED
BY INSERTING "AND ANY OTHER REASONABLE MEANS NECESSARY" AFTER "USE OF A
MANIFEST SYSTEM" AND BY INSERTING "AND ARRIVED AT" AFTER "DISPOSAL IN".
SEC. 9. SECTION 9004 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
INSERTING AFTER THE FIRST SENTENCE THEREOF "THE ADMINISTRATOR IS
AUTHORIZED TO DISTINGUISH IN SUCH PERFORMANCE STANDARDS BETWEEN
REQUIREMENTS APPROPRIATE FOR NEW FACILITIES AND FOR FACILITIES IN
EXISTENCE ON THE DATE OF PROMULGATION OF SUCH REGULATIONS."
SEC. 10. SECTION 3005(E) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED
BY STRIKING "FACILITY IS IN EXISTENCE ON THE DATE OF ENACTMENT OF THIS
ACT," AND INSERTING IN LIEU THEREOF "FACILITIY IS IN EXISTENCE ON THE
DATE OF PROMULGATION OF REGULATIONS UNDER SECTIONS 3001 AND 3004 OR ANY
APPLICABLE REVISIONS THERETO, AND",
SEC. 11. SECTION 3505 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
ADDING THE FOLLOWING NEW SUBSECTION:
"(F) COAL MINING WASTES AND RECLAMATION PERMITS-- IN ACCORDANCE WITH
THE REQUIREMENTS FOR INTEGRATION UNDER SECTION 1005(B) OF THIS ACT, NO
INDIVIDUAL PERMIT SHALL BE REQUIRED UNDER THIS TITLE FOR ANY COAL MINING
WASTES OR OVERBURDEN COVERED BY A PERMIT AND RECLAMATION PLAN ISSUED OR
APPROVED UNDER THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977.
THE ADMINISTRATOR IS AUTHORIZED TO ISSUE A GENERAL PERMIT UNDER THIS
SECTION, CONSISTENT WITH AND REFLECTING THE REQUIREMENTS OF THE SURFACE
MINING CONTROL AND RECLAMATION ACT OF 1977, FOR ALL SUCH COAL MINING
WASTES OR OVERBURDEN FOR WHICH SUCH PERMITS HAVE BEEN ISSUED, IN LIEU OF
ANY INDIVIDUAL PERMIT."
SEC. 12 (A) SECTION 3007(A) OF THE SOLID WASTE DISPOSAL ACT IS
AMENDED AS FOLLOWS:
(1) BY STRIKING "SUBTITLE" AND INSERTING IN LIEU THEREOF "TITLE";
(2) BY STRIKING "MAINTAINED BY ANY PERSON" AFTER "ESTABLISHMENT OR
OTHER PLACE":
(3) BY INSERTING "OR HAS HANDLED" AFTER "OTHERWISE HANDLES";
(4) BY STRIKING "ANY OFFICER OR EMPLOYEE" AND INSERTING IN LIEU
THEREOF "ANY OFFICER, EMPLOYEE OR REPRESENTATIVE";
(5) BY STRIKING "DULY DESIGNATED OFFICER EMPLOYEE" AND INSERTING IN
LIEU THEREOF "DULY DESIGNATED OFFICER, EMPLOYEE OR REPRESENTATIVE";
(6) BY STRIKING "FURNISH OR PERMIT" AND INSERTING IN LIEU THEREOF
"FURNISH INFORMATION RELATING TO SUCH WASTES AND PERMIT";
(7) BY STRIKING "SUCH OFFICERS OR EMPLOYEES" AND INSERTING IN LIEU
THEREOF "SUCH OFFICERS, EMPLOYEES OR REPRESENTATIVE;
(8) BY INSERTING "OR HAVE BEEN" AFTER "WHERE HAZARDOUS WASTES ARE",
AND
(9) BY STRIKING "OFFICER OR EMPLOYEE OBTAINS" AND INSERTING IN LIEU
THEREOF "OFFICER, EMPLOYEE OR REPRESENTATIVE OBTAINS".
(B) SECTION 3007(B) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED AS
FOLLOWS:
(1) BY INSERTING "OR ANY OFFICER, EMPLOYEE OR REPRESENTATIVE THEREOF"
BEFORE "HAS ACCESS UNDER THIS SECTION".
(2) BY STRIKING "THE ADMINISTRATOR (OR THE STATE, AS THE CASE MAY BE2
SHALL CONSIDER SUCH INFORMATION OR PORTION THEREOF" AND INSERTING IN
LIEU THEREOF "SUCH INFORMATION OR PARTICULAR PORTION THEREOF SHALL BE
CONSIDERED:;
(3) BY INSERTING "(1)" BEFORE "ANY RECORDS" AND ADDING AT THE END
THEREOF THE FOLLOWING NEW PARAGRAPHS.
(2) ANY PERSON NOT SUBJECT TO THE PROVISIONS OF SECTION 1905 OF TITLE
18 OF THE UNITED STATES CODE WHO KNOWINGLY AND WILLFULLY DIVULGES OR
DISCLOSES ANY INFORMATION ENTITLED TO PROTECTION UNDER THIS SUBJECTION
SHALL, UPON CONVICTION, BE SUBJECT TO A FINE OF NOT MORE THAN $5,000 OR
TO IMPROSINMENT NOT TO EXCEED ONE YEAR, OR BOTH.
"T3) IN SUBMITTING DATA UNDER THIS ACT, A PERSON REQUIRED TO PROVIDE
SUCH DATA MAY (A) DESIGNATE THE DATA WHICH SUCH PERSON BELIEVES IS
ENTITLED TO PROTECTION UNDER THIS SUBSECTION, AND IB) SUBMIT SUCH
DESIGNATED DATA SEPARATELY FROM OTHER DATA SUBMITTED UNDER THIS ACT. A
DESIGNATION UNDER THIS PARAGRAPH SHALL BE MADE IN WRITING AND TO SUCH
MANNER AS THE ADMINISTRATOR MAY PRESCRIBE.
"(4) NOTWITHSTANDING ANY LIMITATION CONTAINED IN THIS SECTION OR ANY
OTHER PROVISION OF LAW, ALL INFORMATION REPORTED. TO OR OTHERWISE
OBTAINED BY THE ADMINISTRATOR (OR ANY REPRESENTATIVE OF THE
ADMINISTRATOR) UNDER THIS ACT SHALL BE MADE AVAILABLE, UPON WRITTEN
REQUTST OF ANY DUTY AUTHORIZED COMMITTEE OF THE CONGRESS, TO SUCH
COMMITTEE".
SEC. 13. SECTION 3008 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED AS
FOLLOWS:
(1) IN SUBSECTION (A)(1), BY STRIKING "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";
(2) IN SUBSECTION (A)(2), BY STRIKING "THIRTY DAYS";
(3) IN SUBSECTION (B), BY STRIKING "OR ANY SUSPENSION OR REVOCATION
OF A PERMIT" AND "OR NOTICE OF THE SUSPENSION OR REVOCATION", AND
(4) IN SUBSECTION (C), BY INSERTING "MAY INCLUDE A SUSPENSION OR
REVOCATION OF A PERMIT ISSUED UNDER THIS SUBTITLE, AND "AFTER "ANY ORDER
ISSUED UNDER THIS SECTION."
(5) BY ADDING THE FOLLOWING NEW SUBSECTION:
"(E) CIVIL PENALTY-- ANY PERSON WHO VIOLATES ANY REQUIREMENT OF TEIS
SUBTITLE SHALL BE LIABLE TO THE UNITED STATES FOR A CIVIL PENALTY IN AN
AMOUNT NOT TO EXCEED $25,000 FOR EACH VIOLATION. EACH DAY OF SUCH
VIOLATION SHALL, FOR PURPOSES OF THIS SUBSECTION, CONSTITUTE A SEPARATE
VIOLATION".
SEC. 14. SECTION 3009 OF THE SOLID WASTE DISPOSAL ACT (42
U.S.C.6299) IS AMENDED BY ADDING AT THE END THEREOF THE FOLLOWING NEW
SENTENCE: "NOTHING IN THIS TITLE SHALL BE CONSTRUED TO PROHIBIT ANY
STATE OR POLITICAL SUBDIVISION THEREOF FROM IMPOSING ANY REQUIREMENTS,
INCLUDING THOSE FOR SITE SELECTION, WHICH ARE MORE STRINGENT THAN THOSE
IMPOSED BY SUCH REGULATIONS.
SEC. 15. SECTION 3011(A) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED
BY INSERTING BEFORE THE PERIOD A COMMA AND THE FOLLOWING: "INCLUDING
PROGRAMS TO PROTECT HEALTH AND THE ENVIRONMENT FROM HAZARDOUS WASTE
DISPOSAL SITES OR FACILITIES WHICH ARE NO LONGER RECEIVING WASTES."
SEC. 16(A) SECTION 4003(2) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED
BY STRIKING "SECTION 4005(C)" AND INSERTING IN LIEU THEREOF "SECTIONS
4004(B) AND 4005(A).
(B) SECTION 4003(5) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
INSERTING "STATE OR" AFTER "THE PLAN SHALL PROVIDE THAT NO", AND BY
STRIKING THE PERIOD AFTER "RESOURCE RECOVERY FACILITIES", INSERTING A
COMMA, AND ADDING THE FOLLOWING: "FROM ENTERING INTO LONG-TERM
CONTRACTS FOR THE OPERATION OF SUCH FACILITIES, OR FROM SECURING
LONG-TERM MARKETS FOR MATERIAL AND ENERGY RECOVERED FROM SUCH
FACILITIES".
SEC. 17(A) SECTION 4005 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
DELETING SUBSECTION (A) IN ITS ENTIRETY AND BY REDESIGNATING SUBSECTION
(C) AND (A).
(B)(1) SECTION 4005(A) OF THE SOLID WASTE DISPOSAL ACT AS
REDESIGNATED BY THIS SECTION, IS AMENDED BY STRIKING "ANY" AND INSERTING
IN LIEU THEREOF "UPON PROMULGATION OF CRITERIA UNDER SECTION 1008(A)(3),
"ANY"; BY INSERTING "AND 4003(3)" AFTER 4003(2)"; BY STRIKING "THE
INVENTORY UNDER SUBSECTION (B)" AFTER "NOT TO EXCEED 5 YEARS FROM THE
DATE OF PUBLICATION OF" AND INSERTING IN LIEU THEREOF "CRITERIA UNDER
SECTION 1008(A)(3)".
(2) SECTION 4005(B) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
STRIKING "NOT" AND INSERTING IN LIEU THEREOF "TO ASSIST THE STATES IN
COMPLYING WITH SECTION 4003(3), NOT".
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SEC. 18. SECTION 6002 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED AS
FOLLOWS:
(1) IN SUBSECTION (C)(1), BY DELETING THE FIRST SENTENCE AND
INSERTING IN LIEU THEREOF THE FOLLOWING: "AFTER THE DATE SPECIFIED IN
APPLICABLE GUIDELINES PREPARED PURSUANT TO SUBSECTION (E) OF THIS
SECTION, EACH PROCURING AGENCY WHICH PROCURES ANY ITEMS DESIGNATED IN
SUCH GUIDELINTS SHALL PROCURE SUCH ITEMS COMPOSED OF THE HIGHEST
PERCENTAGE OF RECOVERED MATERIALS PRACTICABLE, CONSISTENT WITH
MAINTAINING A SATISFACTORY LEVEL OF COMPETITION, CONSIDERING SUCH
GUIDELINES";
(2) IN SUBSECTION (C)(1)(C), BY STRIKING "(II)" AND INSERTING IN LIEU
THEREOF "(B);
(3) IN SUBSECTION (C)(2), BY DELETING "RECOVERED MATERIAL AND
RECOVERED-MATERIAL-DERIVED FUEL" AND INSERTING IN LIEU THEREOF THE
FOLLOWING: "ENERGY OR FUELS DERIVED FROM SOLID WASTE";
(4) IN SUBSECTION (C)(3), BY DELETING EVERYTHING AFTER "VENDORS" AND
INSERTING IN LIEU THEREOF THE FOLLOWING:
"(A) CERTIFY THAT THE PERCENTAGE OF RECOVERED MATERIALS TO BE USED IN
THE PERFORMANCE OF THE CONTRACT WILL BE AT LEAST THE AMOUNT REQUIRED BY
APPLICABLE SPECIFICATIONS OR OTHER CONTRACTUAL REQUIREMENTS, AND
"(B) ESTIMATE THE PERCENTAGE OF THE TOTAL MATERIAL UTILIZED FOR THE
PERFORAMNCE OF THE CONTRACT WHICH IS RECOVERED MATERIALS";
(5) IN SUBSECTION (D), BY STRIKING THE PRESENT LANGUAGE AND INSERTING
IN LIEU THEREOF THE FOLLOWING:
"(D) SPECIFICATIONS-- ALL FEDERAL AGENCIES THAT HAVE THE
RESPONSIBILITY FOR DRAFTING OR REVIEWING SPECIFICATIONS FOR PROCUREMENT
ITEMS PROCURED BY FEDERAL AGENCIES SHALL
"(1) AS EXPEDITIOUSLY AS POSSIBLE BUT IN ANY EVENT NO LATER THAN FIVE
YEARS AFTER THE DATE OF ENACTMENT OF THIS ACT, ELIMINATE FROM SUCH
SPECIFIC-TIONS
"(A) ANY EXCLUSION OF RECOVERED MATERIALS AND
"(B) ANY REQUIREMENT THAT ITEMS BE MANUFACTURED FROM VIRGIN
MATERIALS; AND
(2) WITHIN ONE YEAR AFTER THE DATE OF PUBLIC-TION OF APPLICABLE
GUIDELINES UNDER SUBSECTION (E), OR AS OTHERWISE SPECIFIED IN SUCH
GUIDELINES, ASSURE THAT SUCH SPECIFICATIONS REQUIRE THE USE OF RECOVERED
MATERIALS TO THE MAXIMUM EXTENT POSSIBLE WITHOUT JEOPARDIZING THE
INTENTED TND USE OF THE ITEM".
(6) IN SUBSECTION (E), BY DELETING THE SECOND SENTENCE AND INSERTING
IN LIEU THEREOF THE FOLLOWING:
"SUCH GUIDELINES SHALL
"(1) DESIGNATE THOSE ITEMS WHICH ARE OR CAN BE PRODUCED WITH
RECOVERED MATERIALS AND WHOSE PROCUREMENT BY PROCURING AGENCIES WILL
CARRY OUT THE OBJECTIVES OF THIS SECTION. IN MAKING THIS DETERMINATION,
THE ADMINISTRATOR SHALL CONSIDER, BUT IS NOT LIMITED IN HIS
CONSIDERATIONS, TO:
"(A) THE AVAILABILITY OF SUCH ITEMS.
"(B) THE IMPACT OF THE PROCUREMENT OF SUCH ITEMS BY PROCURING
AGENCIES ON THE VOLUME OF SOLID WASTE WHICH MUST BE TREATED, STORED OR
DISPOSED OF:
"(C) THE ECONOMIC AND TECHNOLOGICAL FEASIBILITY OF PRODUCING AND
USING SUCH ITEMS; AND
"(D) OTHER USES FOR SUCH RECOVERED MATERIALS.
"(2) SET FORTH RECOMMENDED PRACTICES WITH RESPECT TO THE PROCUREMENT
OF RECOVERED MATERIALS AND ITEMS CONTAINING SUCH MATERIALS AND WITH
RESPECT TO CERTIFICATION BY VENDORS OF THE PERCENTAGE OF RECOVERED
MATERIALS USED, AND SHALL PROVIDE INFORMATION AS TO THE AVAILABILITY,
RELATIVE COST, AND PERFORMANCE OF SUCH MATERIALS AND ITEMS AND WHERE
APPROPRIATE SHALL RECOMMENT THE LEVEL OF RECOVERED MATERIAL TO BE
CONTAINED IN THE PROCURED PRODUCT. THE ADMINISTRATOR SHALL PREPARE
FINAL GUIDELINES FOR AT LEAST THREE PRODUCT CATEGORIES, INCLUDING PAPER,
BY SEPTEMBER 30, 1980, AND FOR TWO ADDITIONAL PRODUCT CATEGORIES,
INCLUDING CONSTRUCTION MATERIALS, BY SEPTEMBER 30, 1982."
SEC. 19, SECTION 7003 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
STRIKING "AN IMMINENT AND" AND INSERTING IN LIEU THEREOF "A" AND BY
STRIKING "THE ALLEGED DISPOSAL" AND INSERTING IN LIEU THEREOF "SUCH
HANDLING, STORAGE, TREATMENT, TRANSPORTATION OR DISPOSAL."
SEC. 20 (1) SECTION 7006 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED
AS FOLLOWS:
"(A) BY REVISING SECTION 7006 BY INSERTING "(A)" BEFORE "ANY";
(B) BY ADDING AFTER "PURSUANT TO THIS ACT" THE FOLLOWING:
"AND THE ADMINISTRATOR'S DENIAL OF ANY PETITION FOR THE PROMULGATION
AMENDMENT OR REPEAL OF ANY REGULATION UNDER THIS ACT";
(C) BY ADDING AFTER "OR REQUIREMENT UNDER THIS ACT" THE FOLLOWING:
"OR DENYING ANY PETITION FOR THE PROMULGATION, AMENDMENT OR REPEAL OF
ANY REGULATION UNDER THIS ACT";
(D) BY INSERTING "OR DENIAL" AFTER "DATE OF SUCH PROMULGATION";
(E) BY INSERTING "FOR REVIEW" AFTER "DATE OF SUCH PETITION".
(2) SECTION 7006 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY ADDING
THE FOLLOWING AS NEW SUBSECTION (B):
"(B) REVIEW OF THE ADMINISTRATOR'S ACTION (1) IN ISSUING, DENYING,
MODIFYING OR REVOKING AND PERMIT UNDER SECTION 3005 AND (2) IN GRANTING,
DENYING, OR WITHDRAWING AUTHORIZATION OR INTERIM AUTHORIZATION UNDER
SECTION 3006, MAY BE HAD BY ANY INTERESTED PERSON IN THE CIRCUIT COURT
OF APPEALS OF THE UNITED STATES FOR THE FEDERAL JUDICIAL DISTRICT IN
WHICH SUCH PERSON RESIDES OR TRANSACTS SUCH BUSINESS UPON APPLICATION BY
SUCH PERSON. ANY SUCH APPLICATION SHALL BE MADE WITHIN NINETY DAYS FROM
THE DATE OF SUCH ISSUANCE, DENIAL, MODIFICATION, REVOCATION, GRANT OR
WITHDRAWAL, OR AFTER SUCH DATE ONLY IF SUCH APPLICATION IS BASED SOLELY
ON GROUNDS WHICH AROSE AFTER SUCH NINETIETH DAY. SUCH REVIEW SHALL BE
IN ACCORDANCE WITH SECTIONS 701 THROUGH 706 OF TITLE 5 OF THE UNITED
STATES CODE".
SEC. 21. SUBTITLE G OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
ADDING THE FOLLOWING NEW SECTION:
"SEC. 7010. IN CARRYING OUT THIS ACT OR ANY OTHER AUTHORITY OF THE
ADMINISTRATOR, THE ADMINISTRATOR OR THE ATTORNEY GENERAL MAY BY SUBPENA
REQUIE SUCH ATTENDANCE AND TESTIMONY OF WITNESSES AND PRODUCTION OF
REPORTS, PAPERS, DOCUMENTS, ANSWERS TO QUESTIONS AND OTHER INFORMATION
AS THE ADMINISTRATOR DEEMS NECESSARY. WITNESSES SHALL BE PAID THE SAME
FEES AND MILEAGE THAT ARE PAID TO WITNESSES IN COURTS OF THE UNITED
STATES. IN THE EVENT OF CONTUMACY, FAILURE OR REFULSA OF ANY PERSON TO
OBEY SUCH SUBPENAS, ANY DISTRICT COURT OF THE UNITED STATES IN WHICH
VENUE IS PROPER SHALL HAVE JURISDICTION TO ORDER ANY SUCH PERSON TO
COMPLY WITH SUCH SUBPENA. ANY FAILURE TO OBEY SUCH AS ORDER OF THE
COURT IS PUNISHABLE BY THE COURT AS A CONTEMPT THEREOF".
SEC. 22. SECTION 8002 OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
ADDING TWO NEW SUBSECTIONS AT THE END THEREOF AS FOLLOWS:
"(N) DRILLING FLUIDS, PRODUCED WATERS, AND OTHER WASTES ASSOCIATED
WITH THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF OF CRUDE OIL OR
NATURAL GAS OR GEOTHERMAL ENERGY-- (1) THE ADMINISTRATOR SHALL CONDUCT A
DETAILED AND COMPREHENSIVE STUDY AND SUBMIT A REPORT ON THE ADVERSE
EFFECTS, IF ANY, OF DRILLING FLUIDS, PRODUCED WATERS, AND OTHER WASTES
ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT OR PRODUCTION OF CRUXE OIL
OR NATURAL GAS OR GEOTHERMAL ENERGY 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 OIL AND GAS AND GEOTHERMAL DRILLING
AND PRODUCTION INDUSTRY, GOVERNMENT AGENCIES, AND OTHERS TO DISPOSE OF
AND UTILIZE SUCH WASTES AND TO PREVENT OR SUBSTANTIALLY MITIGATE SUCH
ADVERSE EFFECTS. SUCH STUDY SHALL INCLUDE AN ANALYSIS OF
"(A) THE SOURCES AND VOLUME OF DISCARDED MATERIAL GENERATED PER YEAR
FROM SUCH WASTES";
"(B) PRESENT DISPOSAL PRACTICES;
"(C) POTENTIAL DANGER TO HUMAN HEALTH AND THE ENVIRONMENT FROM THE
SURFACE RUNOFF OR LEACHATE;
"(C) DOCUMENTED CASES WHICH PROVE OR HAVE CAUSED DANGER TO HUMAN
HEALTH AND THE ENVIRONMENT FROM SURFACE RUNOFF OR LEACHATE.
"(E) ALTERNATIVES TO CURRENT DISPOSAL METHODS;
"(F) THE COST OF SUCH ALTERNATIVES; AND
"(G) THE IMPACT OF THOSE ALTERNATIVES ON THE EXPLORATION,
DEVELOPMENT, AND PRODUCTION OF CRUDE OIL AND NATURAL GAS OR GEOTHERMAL
ENERGY.
IN FURTHERANCE OF THIS STUDY, THE ADMINISTRATOR SHALL, AS HE DEEMS
APPROPRIATE, REVIEW STUDIES AND OTHER ACTIONS OF OTHER FEDERAL AGENCIES
CONCERNING SUCH WASTES WITH A VIEW TOWARD AVOIDING DUPLICATION OF EFFORT
AND THE NEED TO EXPEDITE SUCH STUDY. THE ADMINISTRATOR SHALL PUBLISH A
REPORT OF SUCH STUDY AND SHALL INCLUDE APPROPRIATE FINDINGS AND
RECOMMENDATIONS FOR FEDERAL AND NONFEDERAL ACTIONS CONCERNING SUCH
EFFECTS.
"(2) THE ADMINISTRATOR SHALL COMPLETE THE RESEARCH AND STUDY AND
SUBMIT THE REPORT REQUIRED UNDER PRARGRAPH (1) NOT LATER THAN
TWENTY-FOUR MONTHS FROM THE DATE OF ENACTMENT OF THE SOLID WASTE
DISPOSAL ACT AMENDMENTS OF 1979. UPON COMPLETION OF THE STUDY, THE
ADMINISTRATOR SHALL PREPARE A SUMMARY OF THE FINDINGS OF THE STUDY, A
PLAN FOR RESEARCH, DEVELOPMENT, AND DEMONSTRATION RESPECTING THE
FINDINGS OF THE STUDY, AND SHALL SUBMIT THE FINDINGS AND THE STUDY,
ALONG WITH ANY RECOMMENDATIONS RESULTING FROM SUCH STUDY, TO THE
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS OF THE UNITED STATES SENATE
AND THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE UNITED
STATES HOUSE OF REPRESENTATIVES".
(O) MATERIALS GENERATED FROM THE COMBUSTION OF COAL AND OTHER FOSSIL
FUELS-- THE ADMINISTRATOR SHALL CONDUCT A DETAILED AND COMPREHENSIVE
STUDY AND SUBMIT A REPORT ON THE ADVERSE EFFEXTS ON HUMAN HEALTH AND THE
ENVIRONEMNT, IF ANY, OF THE DISPOSAL AND UTILIZATION OF FLY ASH WASTES,
BOTTOM ASH WASTE, SLAG WASTE, FLUE GAS EMISSION, CONTROL WASTE, AND
OTHER BYPRODUCT MATERIALS GENERATED PRIMARILY FROM THE COMBUSTION OF
COAL OR OTHER FOSSIL FUELS. SUCH STUDY SHALL INCLUDE AN ANALYSIS OF:
"(1) THE SOURCE AND VOLUMES OF SUCH MATERIAL GENERATED PER YEAR;
"(2) PRESENT DISPOSAL AND UTILIZATION POLICIES;
"(3) POTENTIAL DANGER, IF ANY, TO HUMAN HEALTH AND THE ENVIRONMENT
FROM THE DISPOSAL AND REUSE OF SUCH MATERIALS;
"(4) DOCUMENTED CASES IN WHICH DANGER TO HUMAN HEALTH OF THE
ENVIRONMENT, FROM SURFACE RUNOFF OR LEACHATE HAS BEEN PROVED;
"(5) ALTERNATIVES TO CURRENT DISPOSAL METHODS;
"(6) THE COST OF SUCH ALTERNATIVES;
"(7) THE IMPACT OF THOSE ALTERNATIVES ON THE USE OF COAL AND OTHER
NATURAL RESOURCES, AND
"(8) THE CURRENT AND POTENTIAL UTILIZATION OF SUCH MATERIALS.
IN FURTHERANCE OF THIS STUDY, THE ADMINISTRATOR SHALL, AS HE DEEMS
APPROPRIATE, REVIEW STUDIES AND OTHER ACTIONS OF OTHER FEDERAL AND STATE
AGENCIES CONCERNING SUCH MATERIAL AND INVITE PARTICIPATION BY OTHER
CONCERNED PARTIES, INCLUDING INDUSTRY AND OTHER FEDERAL AND STATE
AGENCIES, WITH A VIEW TOWARDS AVOIDING DUPLICATION OF EFFORT. THE
ADMINISTRATOR SHALL PUBLISH A REPORT ON SUCH STUDY WHICH SHALL INCLUDE
APPROPRIATE FINDINGS, NOT LATER THAN TWENTY-FOUR MONTHS AFTER THE
ENACTMENT OF THE SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1979.
SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1979
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SUCH STUDY AND FINDINGS SHALL BE SUBMITTED TO THE COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS OF THE UNITED STATES SENATE AND THE
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE UNITED STATES HOUSE
OF REPRESENTATIVES.".
SEC. 23. SECTION 3(B) OF THE RESOURCE CONSERVATION AND RECOVERY ACT
OF 1976 IS AMENDED BY STRIKING "THE SOLID WASTE UTILIZATION ACT OF
1976." AND INSERTING IN LIEU THEREOF "THIS ACT.".
SEC. 24. (A) SECTION 2006(A) OF THE SOLID WASTE DISPOSAL ACT IS
AMENDED BY STRIKING "AND" AND INSERTING BEFORE THE PERIOD "$80,000,000
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1980, $80,000,000 FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1981, AND $80,000,000 FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1982.".
(B) SECTION 3011(A) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
INSERTING AFTER "1979" THE FOLLOWING $30,000,000 FOR FISCAL YEAR 1980,
$35,000,000 FOR FISCAL YEAR 1981, AND $40,000,000 FOR FISCAL YEAR 1982".
(C) SECTION 4008(A)(1) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED TO
READ AS FOLLOWS:
"(1) THERE ARE AUTHORIZED TO BE APPROPRIATED $30,000,000 FOR FISCAL
YEAR 1978, $40,000,000 FOR FISCAL YEAR 1979, $20,000,000 FOR FISCAL YEAR
1980, $25,000,000 FOR FISCAL YEAR 1981, AND $30,000,000 FOR FISCAL YEAR
1982 FOR PURPOSES OF FINANCIAL ASSISTANCE TO STATES AND LOCAL, REGIONAL,
AND INTERSTATE AUTHORITIES FOR THE DEVELOPMENT AND IMPLEMENTATION OF
PLANS APPROVED BY THE ADMINISTRATOR UNDER THIS SUBTITLE.".
(D) SECTION 4008(A)(2)(C) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED
BY ADDING AT THE END THEREOF: "THERE ARE AUTHORIZED TO BE APPROPRIATED
$13,950,000 FOR FISCAL YEAR 1980, $15,000,000 FOR FISCAL YEAR 1981, AND
$15,000,000 FOR FISCAL YEAR 1982 FOR PURPOSES OF THIS PARAGRAPH.".
(E) SECTION 4009(D) OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY
ADDING AT THE END THEREOF: "THERE ARE AUTHORIZED TO BE APPROPRIATED
$15,000,000 FOR EACH OF THE FISCAL YEARS 1980, 1981, AND 1982 TO CARRY
OUT THIS SECTION.".
(F) SUBTITLE E OF THE SOLID WASTE DISPOSAL ACT IS AMENDED BY ADDING
THE FOLLOWING NEW SECTION:
"SEC. 5005. THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY
OF COMMERCE, $5,000,000 FOR EACH OF FISCAL YEARS 1980, 1981, AND 1982 TO
CARRY OUT THE PURPOSES OF THIS SUBTITLE.".
MR. RANDOLPH. MR. PRESIDENT, I MOVE TO RECONSIDER THE VOTE BY WHICH
THE BILL WAS PASSED.
MR. STAFFORD. I MOVE TO LAY THAT MOTION ON THE TABLE.
THE MOTION TO LAY ON THE TABLE WAS AGREED TO.
MR. ROBERT C. BYRD. MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT AT
THE CLOSE OF BUSINESS TODAY, AND NO LATER THAN 6:30 P.M., THE SENATE
STAND IN RECESS UNTIL 11:00 A.M. TOMORROW MORNING.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
MR. ROBERT C. BYRD. MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT THE
SENATE PROCEED TO THE CONSIDERATION OF CALENDAR ORDER NO. 153, H.R.
3577.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
THE SENATE PROCEEDED TO CONSIDER THE BILL (H.R. 3577) TO AMEND
SECTION 3 OF THE NATIONAL ADVISORY COMMITTEE ON OCEANS AND ATMOSPHERE
ACT OF 1977 TO AUTHORIZE APPROPRIATIONS TO CARRY OUT THE PROVISIONS OF
SUCH ACT FOR FISCAL YEAR 1980, AND FOR OTHER PURPOSES.
MR. ROBERT C. BYRD. MR. PRESIDENT, I MOVE TO STRIKE ALL AFTER THE
ENACTING CLAUSE OF THE HOUSE BILL, H.R. 3577, AND INSERT THE FOLLOWING:
THAT SECTION 8 OF THE NATIONAL ADVISORY COMMITTEE ON OCEANS AND
ATMOSPHERE ACT OF 1977 (33 U.S.C. 857-17), IS AMENDED
(1) BY STRIKING OUT "1978, AND "IN THE FIRST SENTENCE AND
INSERTING IN LIEU THEREOF "1978",
(2) BY STRIKING OUT "1979" IN THE FIRST SENTENCE AND INSERTING IN
LIEU THEREOF "1979, $565,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1980 AND $600,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1981", AND
(3) BY STRIKING THE SECOND SENTENCE.
THE PRESIDING OFFICER. THE QUESTION IS ON AGREEING TO THE MOTION OF
THE SENATOR FROM WEST VIRGINIA.
THE MOTION WAS AGREED TO.
THE PRESIDING OFFICER. THE QUESTION IS ON THE ENGROSSMENT OF THE
AMENDMENT AND THIRD READING OF THE BILL.
THE BILL WAS ORDERED TO BE READ A THIRD TIME, WAS READ THE THIRD TIME
AND, AS AMENDED, WAS PASSED.
MR. ROBERT C. BYRD. MR. PRESIDENT, I MOVE TO RECONSIDER THE VOTE BY
WHICH THE BILL WAS PASSED.
MR. STEVENS. I MOVE TO LAY THAT MOTION ON THE TABLE.
THE MOTION TO LAY ON THE TABLE WAS AGREED TO.
THE PRESIDING OFFICER. THE SENATOR FROM WEST VIRGINIA.
MR. ROBERT C. BYRD. MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT
CALENDAR ORDER NO. 139, S. 951, BE INDEFINITELY POSTPONED.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
MR. ROBERT C. BYRD. MR. PRESIDENT, I ASK UNANIMOUS CONSENT THAT THE
SENATE PROCEED TO THE CONSIDERATION OF CALENDAR ORDERS NOS. 209 AND 210.
THE PRESIDING OFFICER. WITHOUT OBJECTION, IT IS SO ORDERED.
THE RESOLUTION (S. RES. 172) WAIVING SECTION 402(A) OF THE
CONGRESSIONAL BUDGER ACT OF 1974, WITH RESPECT TO THE CONSIDERATION OF
S.670, WAS CONSIDERED AND AGREED TO, AS FOLLOWS:
RESOLVED, THAT PURSUANT TO SECTION 402(C) OF THE CONGRESSIONAL BUDGER
ACT OF 1974, THE PROVISIONS OF SECTION 402(A) OF THAT ACT ARE WAIVED
WITH RESPECT TO THE CONSIDERATION OF S.670, A BILL TO AMEND THE RURAL
DEVELOPMENT ACT OF 1972. SUCH WAIVER IS NECESSARY BECAUSE S.670
AUTHORIZES THE ENACTMENT OF NEW BUDGER AUTHORITY THAT WOULD FIRST BECOME
AVAILABLE IN FISCAL YEAR 1980, AND THE BILL WAS REPORTED ONE DAY AFTER
THE MAY 15 DEADLINE UNDER THE CONGRESSIONAL BUDGET ACT.
S. 670 WAS INTENDED TO BE REPORTED ON MAY 15 IN COMPLIANCE WITH THE
DEADLINE FOR REPORTING NEW AUTHORIZING LEGISLATION. S.670 AND THE
COMMITTEE REPORT THEREON WERE IN FACT MADE AVAILABLE TO THE COMMITTEE ON
THE BUDGER ON MAY 15. HOWEVER, THE ACTUAL FILING OF THE REPORT OCCURRED
ON MAY 16.
MR. ROBERT C. BYRD. MR. PRESIDENT, I MOVE THE RECONSIDER THE VOTE BY
WHICH THE RESOLUTION WAS AGREED TO.
MR. STEVENS. I MOVE TO LAY THAT MOTION ON THE TABLE.
THE MOTION TO LAY ON THE TABLE WAS AGREED TO.
THE RESOLUTION (S.172) WAIVING SECTION 402(A) OF THE CONGRESSIONAL
BUDGER ACT OF 1974 WITH RESPECT TO THE CONSIDERATION OF S.892, WAS
CONSIDERED AND AGREED TO, AS FOLLOWS:
RESOLVED. THAT PURSUANT TO SECTION 402(C) OF THE CONGRESSIONAL
BUDGER ACT OF 1974, THE PROVISIONS OF SECTION 402(A) OF THAT ACT ARE
WAIVED WITH RESPECT TO THE CONSIDERATION OF S.892, A BILL TO EXTEND THE
AUTHORIZATION OF APPRORPIATIONS FOR CARRYING OUT RURAL DEVELOPMENT
RESEARCH, SMALL FARM RESEARCH, AND SMALL FARM EXTENSION PROGRAMS. SUCH
WAIVER IS NECESSARY BECAUSE S.892 AUTHORIZES THE ENACTMENT OF NEW BUDGER
AUTHORITY THAT WOULD FIRST BECOME AVAILABLE IN FISCAL YEAR 1980, AND THE
BILL WAS REPORTED ONE DAY AFTER THE MAY 15 DEADLINE UNDER THE
CONGRESSIONAL BUDGET ACT.
S.892 WAS INTENDED TO BE REPORTED ON MAY 15 IN COMPLIANCE WITH THE
DEADLINE FOR REPORTING NEW AUTHORIZING LEGISLATION. S.892 AND THE
COMMITTEE REPORT THEREON WERE IN FACT MADE AVAILABLE TO THE COMMITTEE ON
THE BUDGET ON MAY 15. HOWEVER, THE ACTUAL FILING OF THE REPORT OCCURRED
ON MAY 16.
MR. ROBERT C. BYRD. MR. PRESIDENT, I MOVE TO RECONSIDER THE VOTE BY
WHICH THE RESOLUTION WAS AGREED TO.
MR. STEVENS. I MOVE TO LAY THAT MOTION ON THE TABLE.
THE MOTION TO LAY ON THE TABLE WAS AGREED TO.
UNDER AUTHORITY OF THE ORDER OF THE SENATE OF MAY 14, 1979, THE
SECRETARY OF THE SENATE, ON MAY 19 AND JUNE 1, 1979, RECEIVED MESSAGES
FROM THE PRESIDENT OF THE UNITED STATES SUBMITTING SUNDRY NOMINATIONS
WHICH WERE REFERRED TO THE APPROPRIATE COMMITTEES.
(THE NOMINATIONS RECEIVED ON MAY 29 AND JUNE 1, 1979, ARE PRINTED AT
THE END OF THE SENATE PROCEEDINGS.)
UNDER THE AUTHORITY OF THE ORDER OF THE SENATE OF MAY 24, 1979, THE
SECRETARY OF THE SENATE, ON MAY 29, 1979, RECEIVED THE FOLLOWING MESSAGE
FROM THE PRESIDENT OF THE UNITED STATES, WHICH WAS REFERRED TO THE
COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS:
TO THE CONGRESS OF THE UNITED STATES:
I HEREWITH TRANSMIT THE ANNUAL REPORT OF THE NATIONAL INSTITUTE OF
BUILDING (END OF PG 16)
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
96TH CONGRESS 1ST SESSION
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TITLE OMITTED.
THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS, REPORTS ON ORIGINAL
BILL (S. 1156), TO AMEND AND REAUTHORIZE THE SOLID WASTE DISPOSAL ACT
AND RECOMMENDS THAT THE BILL DO PASS.
THE DISPOSAL OF WASTES, ESPECIALLY HAZARDOUS WASTES, IS A WORSENING
NATIONAL PROBLEM. THIS IS BECOMING ONLY TOO APPARENT AS THE LOVE CANAL
STORY, AND OTHERS LIKE IT, UNFOLD. BUT THE DISPOSAL OF HIGHLY TOXIC
WASTE IS BY NO MEANS THE ONLY SERIOUS WASTE DISPOSAL PROBLEM FACING THE
NATION. AS OUR POPULATION GROWS, SO DOES THE VOLUME OF SOLID WASTE.
BUT THIS SAME GROWTH IN POPULATION IS USING LAND ONCE DISTANT FROM
POPULATED AREAS, MAKING IT INCRESASINGLY DIFFICULT TO FIND APPROPRIATE
DISPOSAL SITES.
THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE CONSERVATION
AND RECOVERY ACT OF 1976, REQUIRES THE ENVIRONMENTAL PROTECTION AGENCY
TO ISSUE AND ENFORCE REGULATIONS GOVERNING THE DISPOSAL OF VARIOUS SOLID
WASTES AND HAZARDOUS WASTES. IN ADDITION, THE ACT PROVIDES ASSISTANCE
TO STATES, MUNICIPALITIES, AND REGIONAL AUTHORITIES TO AID THEM IN
PLANNING AND MANAGING DISPOSAL FACILITIES WHICH MEET THE STANDARDS OF
THE ACT.
FURTHER, THE ACT SETS STANDARDS FOR GOVERNMENT PROCUREMENT TO
ENCOURAGE THE PURCHASE OF RECYCLED MATERIALS IN ORDER TO DECREASE THE
VOLUMES OF WASTE STREAMS AND TO MAKE MAXIMUM USE OF RECYCLED MATERIALS.
IN ADDITION, THE ACT GIVES THE COMMERCE DEPARTMENT AUTHORITY TO DEVELOP
SPECIFICATIONS AND TO PROMOTE MARKETS FOR RECYCLED MATERIALS AND FOR
EXCHANGE OF VALUED MATERIALS WHICH MIGHT OTHERWISE BE DISCARDED AS
WASTE.
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THE REPORTED BILL, THE "SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1979",
AUTHORIZED APPROPRIATIONS FOR THE ENVIRONMENTAL PROTECTION AGENCY AND
THE DEPARTMENT OF COMMERCE TO CARRY OUT THE PURPOSES OF THE SOLID WASTE
DISPOSAL ACT. IN ADDITION, THE BILL AS REPORTED CONTAINS SEVERAL
AMENDMENTS WHICH CONSTITUTE REFINEMENTS OR MINOR MODIFICATIONS OF THE
STATUTE OR ARE PERFECTING IN NATURE. THE LEGISLATION ESSENTIALLY
REAUTHORIZES THE EXISTING PROGRAM CONDUCTED B THE ENVIRONMENTAL
PROTECTION AGENCY. THERE ARE NO NEW PROGRAM DIRECTIONS OTHER THAN
INCREASED AUTHORIZATIONS FOR HAZARDOUS WASTE CONTROL.
SEVERAL AMENDMENTS WITH SIGNIFICANT POLICY IMPLICATIONS ARE INCLUDED
IN THE BILL, HOWEVER, TO BRING THE IMPLEMENTATION OF THE ACT CLOSER TO
THE ORIGINAL INTENT OF THE CONGRESS.
SECTION 2 AMENDS TWO DEFINITIONS. PARAGRAPH (14) IS AMENDED TO
ELIMINATE THE EXISTENCE OF TWO DEFINITIONS FOR THE TERM "OPEN DUMP" IN
THE ACT BY MAKING USE OF THE DEFINITION IN SECTION 4005 (A). PARAGRAPH
(19 IS AMENDED TO EXCLUDE THOSE MATERIALS KNOWN AS "HOME SCRAP" FROM THE
DEFINITION OF RECOVERED MATERIALS. BECAUSE THIS TYPE OF SCRAP IS
GENERATED DURING THE MANUFACTURING PROCESS AND NORMALLY IS RETURNED TO
THE PROCESS DURING PRODUCTION, THERE IS NO NEED TO ESTABLISH INCENTIVES
TO RECYCLE.
SECTION 3 AMENDS SECTION 2002(A) TO ALLOW THE ADMINISTRATOR TO
DELEGATE TO OTHER AGENCIES THE POWER TO ENFORCE SOLID WASTE DISPOSAL ACT
REGULATIONS. THIS AVOIDS DUPLICATION OF COMPLIANCE EFFORTS.
SECTION 4 REVISES SECTION 2006(B) AND (C) TO PROVIDE GREATER
ADMINISTRATIVE FLEXIBILITY IN ALLOCATING FUNDS WHILE RETAINING AND
EMPHASIS ON TECHNICAL ASSISTANCE TO STATES AND LOCAL GOVERNMENTS, AND ON
FUNDING FOR HAZARDOUS WASTE CONTROL.
SECTION 4(B) ADDS A NEW SECTION 2006(D) REQUIRING A MINIMUM OF 25
PERCENT OF THE FUNDS APPROPRIATED UNDER THE SOLID WASTE DISPOSAL ACT, UP
TO THE AUTHORIZATION LIMITS IN SECTION 4008(A)(1), TO BE USED FOR
SUPPORT OF STATE AND LOCAL SOLID WASTE PLANNING AND MANAGEMENT
ACTIVITIRES IN ACCORDANCE WITH SUBTITLE D. THIS, TOGETHER WITH THE
ANNUAL INCREASES IN AUTHORIZATIONS UNDER SECTION 4008(A)(1), MANIFESTS
THE COMMITTEE'S STRONG INTENTION THAT ADEQUATE SUPPORT BE PROVIDED FOR
THE FORESEEABLE FUTURE FOR THE LOCAL AND STATE AGENCIES THAT MUST CARRY
OUT THIS ACT. IN ADDITION, IT IS IMPORTANT THAT A SIGNIFICANT PORTION
OF THESE FUNDS BE AVAILABLE TO LOCAL GOVERNMENTS AND REGIONAL
AUTHORITIES. THE SO-CALLED URBAN RESOURCE RECOVERY PROGRAM UNDER
SECTION 4008 (A)(2) IS NOT SUFFICIENT TO MEET THE SOLID WASTE MANAGEMENT
PLANNING NEEDS OF LOCAL GOVERNMENTS.
SECTION 5 AMENDS SECTION 3001(B) TO SUSPEND SUBTITLE C REGULATION
WITH RESPECT TO DRILLING FLUIDS, PRODUCED WATERS, AND OTHER WASTES
ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF CRUDE OIL
OR NATURAL GAS. THIS PROVISION IS DISCUSSED IN DETAIL LATER IN THIS
REPORT.
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SECTION 6 CODIFIES IN THE ACT AN EXISTING COMMON LAW CONCEPT THAT THE
GENERATOR OF WASTE IS RESPONSIBLE FOR ASSURING ITS ARRIVAL AT AN
APPROPRIATE FACILITY.
WHILE THE USE OF THE EXISTING MANIFEST SYSTEM IS A MEANS TO ASSURE
THAT HAZARDOUS WASTE ARRIVES AT A PERMITTED FACILITY, THE ADDITIONAL
REQUIREMENT AS CONTEMPLATED BY THE TERM THE USE OF "OTHER REASONABLE
MEANS" IS INTENDED TO CODIFY THE RESPONSBILITY OF THE GENERATOR UNDER
EXISTING COMMON LAW. IT IS RECOGNIZED THAT GENERATORS FREQUENTLY
UTILIZE INDEPENDENT CONTRACTORS TO TRANSPORT OR DISPOSE OF WASTE AND
THESE ADDITIONAL REQUIREMENTS ARE NOT INTENDED TO CHANGE OR LIMIT THIS
PRACTICE. USE OF DUE CARE (AS UNDERSTOOD UNDER THE PRINCIPLES OF
NUISANCE AND NEGLIGENCE LAW) IN THE SELECTION OF AN INDEPENDENT
CONTRACTOR WOULD BE A FACTOR IN MEETING THE REQUIREMENT FOR "OTHER
REASONABLE MEANS" AS CONTEMPLATED BY THIS AMENDMENT.
SECTION 7 AMENDS SECTION 3004 OF THE ACT TO AUTHORIZE THE
ADMINISTRATION TO DISTINGUISH IN ESTABLISHING PERFORMANCE STANDARDS FOR
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES BETWEEN
REQUIREMENTS FOR NEW FACILITIES AND THOSE FOR FACILITIES IN EXISTENCE
WHEN REGULATIONS UNDER THIS SECTION ARE PROMULGATED. MANY TREATMENT
TRAIN LAGOONS HAVE RECENTLY BEEN CONSTRUCTED OR MODIFIED TO COMPLY WITH
PERMITS ISSUED UNDER THE CLEAN WATER ACT. THIS CLARIFICATION OF THE
ADMINISTRATOR'S AUTHORITY TO DISTINGUISH BETWEEN NEW AND SUCH EXISTING
FACILITIES WILL ALLOW THE GAENCY TO ESTABLISH APPROPRIATE PERFORMANCE
STANDARDS FOR SUCH TREATMENT TRAIN LAGOONS TO PREVENT ANY GROUND-WATER
OR OTHER PROBLEMS ASSOCIATED WITH THEM. INTEGRATION OF PERMITTING UNDER
SUBTITLE C WITH THAT UNDER SECTION 402 OF THE CLEAN WATER ACT WILL HELP
REDUCE SUCH CONFLICTING REQUIREMENTS IN THE FUTURE.
SECTION 8 PERMITS THOSE HAZARDOUS WASTE FACILITIES WHICH HAVE COME
INTO EXISTENCE BETWEEN THE DATE OF ENACTMENT OF THE 1976 ACT AND THE
DATE OF FINAL PROMULGATION OF REGULATIONS UNDER SECTIONS 3001 AND 3004
TO QUALIFY FOR "INTERIM STATUS." THIS MEANS THEY WILL NOT BE IMMEDIATLEY
SUBJECT TO PROSECUTION FOR FAILURE TO HAVE A PERMIT.
SECTION 9(A) EXPANDS THE ADMINISTRATOR'S AUTHORITY TO REQUEST
INFORMATION OR EXAMINE THE RECORDS OF A PERSON HANDLING SOLID WASTE. AT
PRESENT, THIS AUTHORITY APPLIES ONLY TO ACTIONS UNDER SUBTITLE C DEALING
WITH HAZARDOUS WASTES. THE AMENDMENTS WOULD ALLOW SUCH ACCESS FOR THE
PURPOSE OF THE ENTIRE ACT.
THE AMENDMENT ALSO CLARIFIES THAT THE AGENCY'S ACCESS, ENTRY AND
INSPECTION AUTHORITY APPLIES TO PERSONS OR SITES WHICH HAVE HANDLED
HAZARDOUS WASTES IN THE PAST BUT ARE NO LONGER DOING SO.
IN ADDITION, THE AMENDMENT CLARIFIES THAT THE ADMINISTRATOR MAY
AUTHORIZE EPA CONTRACTORS TO OBTAIN SAMPLES, PERFORM INSPECTIONS,
AND EXAMINE RECORDS AT FACILITIES WHICH HANDLE HAZARDOUS WASTES.
FINALLY, THE AMENDMENT GIVES THE AGENCY THE OPTION OF REQUESTING THAT
PERSONS HANDLING SUCH WASTES EITHER PROVIDE RECORDS OR FURNISH
INFORMATION IN THE FORM OF A SUMMARY. THE OPERATOR NOW HAS THIS OPTION,
WHICH POTENTIALLY PUTS THE FULL BURDEN OF INFORMATION GATHERING ON THE
LIMITED STAFF OF THE GAENCY.
SECTION 9(B) ADDS PROVISIONS TO ASSURE APPROPRIATE CONFIDENTIALITY OF
DATA IN THE HANDS OF PRIVATE CONTRACTS.
SECTION 10 AMENDS THE ENFORCEMENT PROVISIONS OF SUBTITLE C TO BRING
THEM INTO LINE WITH THOSE IN THE CLEAN AIR AND CLEAN WATER ACTS.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
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SENATE
FIRST, IT PROVIDES A CIVIL PENALTY OF UP TO $25,000 PER DAY FOR DUMPING
OF HAZARDOUS WASTES REGARDLESS OF WHETHER THE DUMPING PARTY HAS BEEN
SERVED WITH AN ORDER TO STOP DUMPING.
UNDER EXISTING LAW, ONLY PERSONS ACTUALLY ORDERED TO HALT DUMPING ARE
LIABLE FOR THE CIVIL PENALTY.
THIS SECTION ALSO AMENDS SECTION 3008 TO AUTHORIZE THE ADMINISTRATOR
TO ACT AGAINST VIOLATIONS BEFORE A 30-DAY PERIOD HAS ELAPSED. THIS
PROVISION IS AIMED AT STOPPING SO-CALLED "MIDNIGHT DUMPING" WHICH MAY
NOT CONTINUE AT ANY LOCATION FOR MORE THAN 30 DAYS, AND TO SEEK
PENALTIES FOR SINGLE OCCURRENCES, RATHER THAN JUST CONTINUING OFFENSES.
IN ADDITION, THE AMENDMENT CLARIFIES THE AUTHORITY OF THE
ADMINISTRATOR TO ISSUE AN ORDER SUSPENDING OR REVOKING AN OPERATING
PERMIT, AND TO GO TO COURT TO ENFORCE SUSPENSION OR REVOCATION IF
NECESSARY.
SECTION 11 MODIRIES SECTION 3011 OF THE ACT TO CLARIFY THAT GRANT
FUNDS FOR STATE HAZARDOUS WASTE ACTIVITIES CAN BE USED FOR INACTIVE SITE
RESPONSE PLANNING AND CONTROL.
SUBSECTION (A) OF SECTION 12 IS A TECHNICAL CORRECTION TO A
CROSSREFERENCE IN SECTION 4003(2) OF THE ACT.
SECTION 12(B) AMENDS SECTION 4003(5) OF THE ACT TO CLARIFY THAT BOTH
STATES AND LOCAL GOVERNMENTS MAY NOT BE PROHIBITED FROM ENTERING INTO
LONG-TERM CONTRACTS FOR OPERATION OF HAZARDOUS WASTE DISPOSAL FACILITIES
OR LONG-TERM CONTRACTS TO SECURE MARKETS FOR THESE MATERIALS.
SECTION 13(A) DELETES A DEFINITION OF "OPEN DUMP" WHICH AS BEEN MOVED
TO THE DEFINITIONS SECTION BY EARLIER AMENDMENT, AND REDESIGNATES
SUBSECTION 4005(C) AS 4005(A).
SECTION 13(B) AMENDS SECTION 4005(A) TO PROHIBIT OPEN DUMPING AFTER
PUBLICATION OF CRITERIA TO DEFINE THIS PRACTICE. THE EXISTING SECTION
TIES COMPLIANCE TO PUBLICATION OF THE INVENTORY RATHER THAN TO THE
CRITERIA.
SECTION 14 AMENDS SECTION 6002 TO GIVE THE ENVIRONMENTAL PROTECTION
AGENCY THE FLEXIBILITY TO CHOOSE WHICH PRODUCTS WOULD BE PURCHASED UNDER
THE ACT'S REQUIREMENTS FOR THE USE OF RECYCLED MATERIALS, AND TO SET
TIMETABLES FOR ISSUANCE OF NEW SPECIFICATIONS. THIS SECTION ALSO
EXTENDS THE DEADLINE FOR CHANGING SPECIFICATIONS TO ALLOW USE OF
RECYCLED MATERIALS FROM EIGHTEEN MONTHS TO FIVE YEARS. THIS SECTION IS
A SLIGHTLY MODIFIED VERSION OF THE BILL PROPOSED BY SENATOR CHILES, TO
GENERALLY MAKE THE RECOVERED MATERIALS PROCUREMENT PROVISION MORE
WORKABLE.
UNDER AN AMENDMENT OFFERED BY SENATOR GRAVEL, THE AGENCY WAS GIVEN A
DEADLINE OF SEPTEMBER 30, 1980, FOR ISSUING GUIDELINES IN THREE PRODUCT
CATEGORIES, AND A DEADLINE OF SEPTEMBER 30, 1982, FOR ISSUING GUIDELINES
IN TWO ADDITIONAL PRODUCT CATEGORIES.
THIS AMENDMENT DIRECTS THE ADMINISTRATOR TO ISSUE FINAL GUIDELINES BY
SPECIFIED TIMES. THESE GUIDELINES WILL BE USED BY FEDERAL AGENCIES IN
PROCURING PRODUCTS CONTAINING RECOVERED MATERIALS. DESPITE THE
PROVISIONS OF THE 1976 RESOURCE CONSERVATION AND RECOVERY ACT REQUIRING
PROCURING AGENCIES TO PROCURE ITEMS COMPOSED OF THE HIGHEST PERCENTAGE
OF RECOVERED MATERIALS PRACTICABLE BY OCTOBER 31, 1978, THIS ACTION HAS
GENERALLY NOT BEEN TAKEN LARGELY DUE TO THE ABSENCE OF GUIDELINES ON THE
MATTER PUBLISHED BY THE ENVIRONMENTAL PROTECTION AGENCY. THE ACT DID
NOT PROVIDE FOR ANY TIME CERTAIN ON THE ISSUANCE OF GUIDELINES BY THE
ADMINISTRATOR.
THIS AMENDMENT PROVIDES A REASONABLE TIMEFRAME FOR THE ISSUANCE OF
GUIDELINES FOR FIVE PRODUCT CATEGORIES WHICH, IN TURN, WILL ENABLE
FEDERAL PROCURING AGENCIES TO SUBSTANTIALLY COMPLY WITH THE PROVISIONS
OF SECTION 6002.
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IT IS THE INTENT OF THE COMMITTEE THAT THE ADMINISTRATOR WILL ISSUE
GUIDELINES FOR THOSE PRODUCT AREAS, INCLUDING PAPER AND CONSTRUCTION
MATERIALS, WHERE A CLEAR NEED AND OPPORTUNITY EXISTS FOR THE USE OF
RECOVERED MATERIALS TO COMBAT SOLID WASTE PROBLEMS AND CONSERVE OUR
NATION'S RESOURCES.
THE TERM "CONSTRUCTION MATERIALS" IS INTENDED TO INCLUDE A BROAD
RANGE OF MATERIALS USED IN CONSTRUCTION ACTIVITIES SUCH AS METALS, METAL
PRODUCTS, GLASS, BRICKS, INSULATION, ASPHAT AND OTHER MATERIALS. IT IS
ALSO THE INTENT OF THE COMMITTEE THAT THE ADMINISTRATOR WILL CONTINUE TO
ISSUE GUIDELINES BEYOND THE SEPTEMBER 30, 1982, DEADLINE FOR ADDITIONAL
PRODUCT CATEGOFIES.
SECTION 15 MODIFIES SECTION 7003 TO ALLOW THE AGENCY TO TAKE
ENFORCEMENT ACTION AGAINST ANY PRACTICE WHICH IS PRESENTING A
SUBSTANTIAL ENDANGERMENT TO HEALTH OR THE ENVIRONMENT. AT PRESENT, EPA
IS AUTHORIZED TO ACT ONLY AGAINST A PRACTICE WHICH IS PRESENTING AN
IMMINENT HAZARD.
LIKE OTHER IMMINENT AND SUBSTANTIAL ENDANGERMENT PROVISIONS IN
ENVIRONMENTAL STATUTES, (E.G., SECTION 504 OF THE CLEAN WATER ACT,
SECTION 303 OF THE CLEAN AIR ACT, AND SECTION 1431 OF THE SAFE DRINKING
WATER ACT), SECTION 7003 IS ESSENTIALLY A CODIFICATION OF COMMON LAW
PUBLIC NUISANCE REMEDIES. THE CONGRESS MADE THIS INTENT CLEAR AS EARLY
AS 1948 WHEN, IN SECTION 2(D) OF THE WATER POLLUTION CONTROL ACT (THE
FORERUNNER OF PRESENT-DAY IMMINENT HAZARD PROVISIONS), IS EXPRESSLY
DECLARED THAT "(T)HE POLLUTION OF INTERSTATE WATERS. . .WHICH ENDANGERS
THE HEALTH OR WELFARE OF PERSONS. . .IS HEREBY DECLARED TO BE A PUBLIC
NUISANCE AND SUBJECT TO ABATEMENT AS HEREIN PROVIDED" AND AUTHORIZED THE
APPROPRIATE FEDERAL OFFICIAL TO REQUEST THE ATTORNEY GENERAL TO BRING
SUIT ON BEHALF OF THE UNITED STATES "TO SECURE ABATEMENT OF THE
POLLUTION."
SECTION 7003, THEREFORE, INCORPORATES THE LEGAL THEORIES USED FOR
CENTURIES TO ASSESS LIABILITY FOR CREATING A PUBLIC NUISANCE (INCLUDING
INTENTIONAL TORT, NEGLIGENCY, AND STRICT LIABILITY) AND TO DETERMINE
APPROPRIATE REMEDIES IN COMMON LAW HISTORY ATTACHED TO TERMS SUCH AS
"IMMINENT" AND "SUBSTANTIAL", AS WELL AS MORE RECENT LEGISLATIVE
HISTORY. HOWEVER, SECTION 7003 SHOULD NOT BE CONSTRUED SOLELY WITH
RESPECT TO THE COMMON LAW. SOME TERMS AND CONCEPTS, SUCH AS PERSONS
"CONTRIBUTING TO" DISPOSAL RESULTING IN A SUBSTANTIAL ENDANGERMENT, ARE
MEANT TO BE MORE LIBERAL THAN THEIR COMMON LAW COUNTERPARTS. FOR
EXAMPLE, A COMPANY THAT GENERATED HAZARDOUS WASTE MIGHT BE SOMEONE
"CONTRIBUTINT TO" AN ENDANGERMENT UNDER SECTION 7003 EVEN WHERE SOMEONE
ELSE DEPOSITED THE WASTE IN AN IMPROPER DISPOSAL SITE (SIMILAR TO STRICT
LIABILITY UNDER COMMON LAW), WHERE THE GENERATOR HAD KNOWLEDGE OF THE
ILLICIT DISPOSAL OR FAILED TO EXERCISE DUE CARE IN SELECTING OR
INSTRUCTING THE ENTITY ACTUALLY CONDUCTING THE DISPOSAL.
SECTION 16 MODIFIES THE JUDICIAL REVIEW PROVISIONS OF THE SOLID WASTE
DISPOSAL ACT TO FOLLOW COMPARABLE PROVISIONS IN THE CLEAN AIR AND WATER
ACTS. THE AMENDMENT REUQIRES THAT ALL COURT ACTIONS CHALLENGING
REGULATIONS UNDER THIS ACT, INCLUDING PETITIONS TO MODIFY REGULATIONS,
BE HEARD IN THE APPEALS COURT FOR THE DISTRICT OF COLUMBIA. AT PRESENT,
SECTION 7006 REQUIRES ONLY THAT CHALLENGES TO PROMULGATE REGULATIONS --
AND NOT PETITIONS TO MODIFY REGULATIONS BE HEARD IN THE DISTRICT OF
COLUMBIA COURT OF APPEALS.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
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THIS SECTION ALSO CONTAINS A COMPANION AMENDMENT REQUIRED THAT COURT
ACTION ON INDIVIDUAL PERMITS OR ON APPROVAL OF STATE PROGRAMS BE HELD IN
THE FEDERAL CIRCUIT COURT FOR THE CIRCUIT IN WHICH THE AFFECTED PARTY
LIVES OR DOES BUSINESS OR THE STATE IS LOCATED.
SECTION 17 GIVES THE ADMINISTRATOR AUTHORITY TO SUBPOENA RECORDS AND
COMPEL TESTIMONY OF WITNESSES IN ENFORCEMENT ACTIONS UNDER THE SOLID
WASTE DISPOSAL ACT. THIS IS DRAWN FROM SIMILAR AUTHORITY IN THE CLEAN
AIR AND CLEAN WATER ACTS.
SECTION 18 ADDS TO SECTION 8002 A SPECIAL STUDY OF THE DEGREE OF
HAZARD AND ADEQUACY OF EXISTING REGULATORY PROGRAMS ASSOCIATED WITH
DRILLING FLUIDS, PRODUCED WATERS AND OTHER OIL AND GAS EXPLORATION AND
PRODUCTIN WASTES. THIS STUDY IS DISCUSSED IN DETAIL LATER IN THIS
REPORT.
SECTION 19 CORRECTS A FLAW IN A REFERENCE IN SECTION 3(B) OF THE
RESOURCE CONSERVATION AND RECOVERY ACT.
SECTION 20 CONTAINS THE AUTHORIZATIONS FOR THE SOLID WASTE DISPOSAL
ACT.
TABLE OMITTED
EPA AUTHORIZATIONS.
THE COMMITTEE CONSIDERED RECENTLY PROPOSED ENVIRONMENTAL PROTECTION
AGENCY REGULATIONS FOR DRILLING FLUIDS, PRODUCED WATERS, AND OTHER
WASTES ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF
CRUDE OIL OR NATUFAL GAS IMPLEMENTING THE RESOURCE CONSERVATION AND
RECOVERY ACT. THE COMMITTEE DETERMINED TAHT THE EXTENSIVE REGULATORY
PROGRAM PROPOSED BY THE AGENCY COULD HAVE A SIGNIFICANT ECONOMIC IMPACT
ON DOMESTIC OIL AND GAS EXPLORATION AND PRODUCTION ACTIVITIES.
THEREFORE, REGULATIONS ON THESE MATERIALS SHOULD NOT BE PROMULGATED
UNTIL FURTHER INFORMATION IS DEVELOPED TO DETERMINE WHETHER A SUFFICIENT
DEGREE OF HAZARD EXISTS TO WARRANT ADDITIONAL REGULATIONS AND WHETHER
EXISTING STATE OR FEDERAL PROGRAMS ADEQUATELY CONTROL SUCH HAZARDS. THE
ACT WAS AMEN1ED ACCORDINGLY.
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UNDER THE AMENDMENT, DRILLING FLUIDS, PRODUCED WATERS, AND OTHER
WASTES ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF
CRUDE OIL OR NATURAL GAS ARE SUBJECTED ONLY TO EXISTING STATE OR FEDERAL
REGULATORY PROGRAMS IN LIEU OF SUBTITLE C OF THE RESOURCE CONSERVATION
AND RECOVERY ACT. THIS SUSPENSION OF SUBTITLE C IS APPLICABLE PROVIDED
THAT EXISITNG STATE OR FEDERAL PROGRAMS -- FOR WASTE DISPOSAL SITES THAT
ARE TO BE CLOSED PROVIDE FOR THE FOLLOWING INFORMATION:
1. A MECHANISM TO ESTABLISH THE LOCATION OF SUCH DISPOSAL SITES,
USING SURVEYING, PLATTING, OR OTHER MEASURES SO AS TO ASSURE THAT THE
SITE CAN BE LOCATED IN THE FUTURE. FOR DISPOSAL SITES FOR DRILLING
FLUIDS AND ASSOCIATED WASTES THAT ARE LESS THAN 200 LINEAL FEET FROM THE
ASSOCIATED WELL, THIS REQUIREMENT WILL NOT APPLY. THE COMMITTEE'S
INTENT WITH THIS PROVISION IS THAT ONLY THOSE DISPOSAL SITES WHICH ARE
NOT IN CLOSE PROXIMITY TO THE ASSOCIATED WELL NEED TO BE SPECIFICALLY
IDENTIFIED OR LOCATED.
2. A CHEMICAL AND PHYSICAL ANALYSIS OF A PRODUCED WATER AND A
COMPOSITION OF A DRILLING FLUID SUSPECTED TO CONTAIN A HAZARDOUS
MATERIAL WITH SUCH INFORMATION TO BE ACQUIRED PRIOR TO CLOSURE.
FOR DRILLING FLUIDS THIS COMPOSITION COULD BE OBTAINED BY
DETERMINING THE MATERIAL USED IN THE DRILLING OPERATION FROM
OPERATING RECORDS. THESE TWO ITEMS WILL BECOME PART OF THE PUBLIC
RECORD AS SPECIFIED IN THE APPLICABLE STATE OR FEDERAL PROGRAM.
THESE TWO ITEMS WERE INCLUDED IN THE EVENT CORRECTIVE ACTION WOULD
BE NECESSARY IF THE STUDY, MANDATED IN THE AMENDMENT, RECOMMENDED
SUCH ACTION AND CONGRESS AGREED THAT SUCH ACTION WAS NEEDED. IN
THE EVENT THAT EXISTING STATE OR FEDERAL PROGRAMS DO NOT CONTAIN
OR CANNOT BE MODIFIED TO INCLUDE THESE TWO ITEMS, THE ENVIRONMENTAL
PROTECTION AGENCY SHOULD IMPLEMENT ONLY THE ABOVE DESCRIBED MINIMAL
REQUIREMENTS TO OBTAIN THIS INFORMATION. HOWEVER, THE COMMITTEE
EXPECTS THE ENVIRONMENTAL PROTECTION AGENCY TO FULLY UTILIZE THE
EXISTING STATE OR FEDERAL PROGRAMS BEFORE DEVELOPING ITS OWN
PROGRAM. FURTHER, THE COMMITTEE EXPECTS THAT EXISTING STATE OR
FEDERAL PROGRAMS WILL BE GIVEN A SUFFICIENT PERIOD OF TIME
TO BE MODIFIED IN ORDER TO INCORPORATE THESE REQUIREMENTS BEFORE
THE ENVIRONMENTAL PROTECTION AGENCY DEVELOPS ITS OWN PROGRAM.
THE SUSPENSION OF SUBTITLE C APPLIES FOR AT LEAST 24 MONTHS AND UNTIL
THE CONGRESS ACTS AFFIRMATIVELY TO ENDORSE ANY PROPOSED ENVIRONMENTAL
PROTECTION AGENCY REGULATIONS. THE COMMITTEE ENVISIONS THE FOLLOWING
PROCESS. THE ENVIRONMENTAL PROTECTION AGENCY WILL CONDUCT A 24 MONTH
STUDY. UPON COMPLETION OF THE STUDY THE ENVIRONMENTAL PROTECTION ACENCY
WILL SUBMIT THE STUDY AND ITS FINDINGS TO THE JURISDICTIONAL COMMITTEES
OF CONGRESS AND BEGIN A SIX MONTH PUBLIC INVOLVEMENT PROCESS UNDER WHICH
THE STUDY AND ITS CONCLUSIONS WILL BE ANALYZED. AT THE CONCLUSION OF
THIS PERIOD THE ADMINISTRATOR WILL DECIDE WHETHER HAZARDOUS AASTE
REGULATIONS APPEAR NECESSARY, BASING HIS DECISION ONTHE STUDY AND THE
PUBLIC INVOLVEMENT PROCESS. HIS DECISION, HIS JUSTIFICATION, AND ANY
PROPOSED REGULATIONS. IF NECESSARY, WILL BE SUBMITTED TO BOTH HOUSES OF
CONGRESS. THE REGULATIONS WILL BECOME EFFECTIVE ONLY IF EACH HOUSE
ACTS, WITHIN 120 CALENDAR DAYS OF CONTINUOUS SESSION OF CONGRESS,
PASSING A RESOLUTION FAVORING SUCH REGULATIONS.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
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THE ACT IS ALSO AMENDED TO DEFINE THE STUDY THAT THE ENVIRONMENTAL
PROTECTION AGENCY IS MANDATED TO EXECUTE. THE THRUST OF THE STUDY IS TO
DETERMINE THE DEGREE OF HAZARD ASSOCIATED WITH THESE WASTES, THE
ADEQUACY OF EXISTING STATE AND FEDERAL REGULATORY PROGRAMS TO CONTROL
AND MITIGATE ANY HAZARDS, POTENTIAL CHANGES TO REGULATORY PFOGRAMS TO
IMPROVE CONTROL AND MITIGATION OF HAZARDS; AND THE COST AND IMPACT OF
THOSE CHANGES ON THE EXPLORATION, DEVELOPMENT, AND PRODUCTION OF CRUDE
OIL AND NATURAL GAS. THE COMMITTEE EXPECTS THE ENVIRONMENTAL PROTECTION
AGENCY TO COOPERATE WITH AND UTILIZE THE EXPERTISE OF INDUSTRY AND STATE
AND FEDERAL REGULATORY AGENCIES, SUCH AS THE TEXAS RAILROAD COMMISION
AND THE UNITED STATES GEOLOGICAL SURVEY, IN EXECUTING THIS STUDY. THE
COMMITTEE IS REQUIRING THIS STUDY IN ORDER TO ASSURE THAT IT WILL HAVE
AN EFFECTIVE AND SUFFICIENT FACTUAL BASIS UPON WHICH CONGRESS CAN MAKE
ANY NECESSARY DECISIONS.
SECTION 133 OF THE LEGISLATIVE REORGANIZATION ACT OF 1970 AND THE
RULES OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS REQUIRE THAT ANY
ROLLCALL VOTES TAKEN DURING CONSIDEFATION OF THIS BILL BE ANNOUNCED IN
THIS REPORT.
THERE WERE TWO ROLLCALL VOTES DURING THE COMMITTEE'S CONSIDERATION OF
THE BILL. THE RESULTS WERE ANNOUNCED AT THE TIME OF THE VOTES. THE
COMMITTEE ORDERED THE BILL REPORTED BY UNANIMOUS VOICE VOTE.
IN COMPLIANCE WITH PARAGRAPH 5 OF RULE XXIX OF THE STANDING RULES OF
THE SENATE, THE COMMITTEE MAKES THE FOLLOWING EVALUATION OF THE
REGULATORY IMPACT OF THE REPORTED BILL:
THE REPORTED BILL REDUCES THE REGULATORY AUTHORITY PROVI1ED BY
EXISTING LAW BY SUSPENDING IMPLEMENTATION OF HAZARDOUS WASTE REGULATIONS
FOR CERTAIN WASTES, AS DISCUSSED EARLIER IN THIS REPORT.
THE BILL HAS NO IMPACT ON THE EPRSONAL PRIVACY OF INDIVIDUALS.
SECTION 252(A)(1) OF THE LEGISLATIVE REORGANIZATION ACT OF 1970
REQUIRES PUBLICATION IN THE REPORT OF THE COMMITTEE'S ESTIMATE OF THE
COSTS OF THE REPORTED LEGISLATION, TOGETHER WITH ESTIMATES PREPARED BY
ANY FEDERAL AGENCY. THE PRESIDENT'S REQUEST FOR THE PROGRAMS UNDER THIS
LEGISLATION INCLUDES $62,146 MILLION IN THE PRESIDENT'S REQUEST TO
CONGRESS, PLUS AN ADDITIONAL SUM OF $92.0 MILLION WHICH WAS ANTICIPATED
AS THIS REPORT WAS FILED, FOR A TOTAL OF $154.1 MILLION.
THIS BILL PROVIDES AUTHORIZATIONS OF $158.95 MILLION FOR FISCAL YEAR
1980, $170 MILLION FOR FISCAL YEAR 1981, AND $180 MILLION FOR FISCAL
YEAR 1982.
SECTION 403 OF THE CONGRESSIONAL BUDGET AND IMPOUNDMENT REQUIRES EACH
BILL TO CONTAIN A STATEMENT OF THE COST OF SUCH BILL PREPARED BY THE
CONGRESSIONAL BUDGET OFFICE.
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THAT REPORT FOLLOWS:
CONGRESSIONAL BUDGET OFFICE, U.S. CONGRESS, WASHINGTON, D.C., MAY 15,
1979.
HON. JENNINGS RANDOLPH, CHAIRMAN, COMMITTEE ON ENVIRONMENT AND PUBLIC
WORKS, U.S. SENATE, WASHINGTON, D.C.
DEAR MR. CHAIRMAN: PURSUANT TO SECTION 403 OF THE CONGRESSIONAL
BUDGET ACT OF 1974, THE CONGRESSIONAL BUDGET OFFICE HAS PREPARED
THE ATTACHED COST ESTIMATE FOR THE SOLID WASTE DISPOSAL ACT
AMENDMENTS OF 1979.
SHOULD THE COMMITTEE SO DESIRE, WE WOULD BE PLEASED TO PROVIDE
FURTHER DETAILS ON THIS ESTIMATE.
ALICE M. RIVLIN, DIRECTOR.
1. BILL NUMBER: NOT YET ASSIGNED.
2. BILL TITLE: SOLID WASTE DISPOSAL ACT AMENDMENTS OF 1979.
3. BILL STATUS: AS ORDERED REPORTED BY THE SENATE COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS, MAY 10, 1979.
4.BILL PURPOSE: THE PURPOSE OF THIS LEGISLATION IS TO AMEND THE
SOLID WASTE DISPOSAL ACT AND AUTHORIZE APPROPRIATIONS OF $163.95 MILLION
FOR FISCAL YEAR 1980, $175 MILLION FOR FISCAL YEAR 1981, AND $185
MILLION FOR FISCAL YEAR 1982. INCLUDED IN THESE AUTHORIZATIONS IS A
GENERAL AUTHORIZATION OF $80 MILLION FOR EACH OF THE THREE FISCAL YEARS,
AND SPECIFIC AUTHORIZATIONS OF GRANT FUNDS FOR HAZARDOUS WASTE
MANAGEMENT PROGRAMS, DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE
PLANS, AN1 RURAL COMMUNITY ASSISTANCE. THE BILL ALSO AUTHORIZES THE
APPROPRIATION OF $5 MILLION TO THE DEPARTMENT OF COMMERCE TO ENCOURAGE
COMMERCIALIZATION OF RESOURCE RECOVERY TECHNOLOGY.
5. COST ESTIMATE:
TABLE OMITTED THE COSTS OF THIS BILL FALL WITHIN FUNCTION 300.
6. BASIS OF ESTIMATE: FOR PURPOSES OF THIS ESTIMATE, IT HAS BEEN
ASSUMED THAT THE FULL AMOUNTS AUTHORIZED IN EACH FISCAL YEAR WILL BE
APPROPIRATED. OUTLAYS FROM EACH FISCAL YEAR'S AUTHORIZIATION ARE BASED
ON HISTORICAL SPENDING PATTERNS FOR THESE TYPES OF ACTIVITIES.
7. ESTIMATE COMPARISON: NONE.
8. PREVIOUS CBO ESTIMATE: NONE.
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9. ESTIMATED PREATED BY: KATHY WEISS.
10. ESTIMATE APPROVED BY:
C.G. NUCKOLS (FOR JAMES L. BLUM, ASSISTANT DIRECTOR FOR BUDGET
ANALYSIS).
IN COMPLIANCE WITH SUBSECTION (4) OF RULE XXIX OF THE STANDING RULES
OF THE SENATE, CHANGES IN EXISTING LAW MADE BY THE BILL AS REPORTED ARE
SHOWN AS FOLLOWS: EXISTING LAW PROPOSED TO BE OMITTED IS ENCLOSED IN
BLACK BRACKETS, NEW MATTER IS PRINTED IN ITALIC, EXISTING LAW IN WHICH
NO CHNAGE IS PROPOSED IS SHOWN IN RMAN):
THIS ACT MAY BE CITED AS THE "SOLID WASTE DISPOSAL ACT AMENDMENTS
OF 1979".
SEC. 1004. AS USED IN THIS ACT:
(14) THE TERM "OPEN DUMP" MEANS (A SITE FOR THE DISPOSAL OF SOLID
WASTE WHICH IS NOT A SANITARY LANDFILL WITHIN THE MEANING OF SECTION
4004.) 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 1ISPOSAL OF HAZARDOUS
WASTE.
(19 THE TERM "RECOVERED MATERIAL" MEANS (MATERIAL WHICH HAS BEEN
COLLECTED OR RECOVERED FROM SOLID WASTE.) WASTE MATERIAL AND BY PRODUCTS
WHICH HAVE BEEEN RECOVERED OR DIRECTED FROM SOLID WASTE, BUT DOES NOT
INCLUDE THOSE MATERIALS GENERATED FROM AND COMMONLY REUSED WITHIN THE
ORIGINAL MANUFACTURING PROCESS ITSELF.
SEC. 2002. (A) AUTHORITIES. -- IN CARRYING OUT THIS ACT, THE
ADMINISTRATOR IS AUTHORIZED TO
(4) CONSULT WITH REPRESENTATIVES OF SCIENCE, INDUSTRY, AGRICULTURE,
LABOR, ENVIRONMENTAL PROTECTION AND SONSUMER 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 ADMINISTRATORS FUNCTIONS UNDER THIS ACT(.) AND
(6) TO DELEGATE THE PERFORMANCE OF ANY INSPECTION OR ENFORCEMENT
FUNCTION UNDER THIS ACT TO ANOTHER DEPARTMENT, AGENCY OR INSTRUMENTALITY
OF THE FEDERAL GOVERNMENT WHERE SUCH DELEGATION WOULD AVOID UNNECESSARY
DUPLICATION OF ACTIVITY AND WOULD CARRY OUT THE OBJECTIVES OF THIS ACT
AND ALL APPLICABLE STATUTES ADMINISTERED BY SUCH OTHER DEPARTMENT,
AGENCY OR INSTRUMENTALITY.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
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SEC. 2006.(A) GENERAL ADMINISTRATION. -- THERE ARE AUTHORIZED TO BE
APPROPRIATED TO THE ADMINISTRATOR FOR THE PURPOSE OF CARRYING OUT THE
PROVISIONS OF THIS ACT, $35,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 1977, $38,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978,
(AND) $42,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1979(.).
$80,000,000 FOR THE FISCAL YEAF ENDING SEPTEMBER 30, 1981, AND
$80,000,000 FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982.
(B) RESOURCE RECOVERY AND CONSERVATION PANELS. -- NOT LESS THAN 20
PERCENT OF THE AMOUNT APPROPRIATED UNDER SUBSECTION (A), OR $5,000,000
PER FISCAL YEAR, WHICHEVER IS LESS, SHALL BE USED ONLY FOR PURPOSES OF
RESOURCE RECOVERY AND CONSERVATION PANELS ESTABLISHED UNDER SECTION 2003
(INCLUDING TRAVEL EXPENSES INCURRED BY SUCH PANELS IN CARRYING OUT THEIR
FUNCTIONS UNDER THIS ACT).
(D) STATE AND LOCAL SUPPORT. -- NOT LESS THAN 25 PER CENTUM OF
THE TOTAL AMOUNT APPROPRIATED UNDER THISTITLE, UP TO THE AMOUNT
AUTHORIZED IN SECTION 4008(A)(1), SHALL BE USED ONLY FOR PURPOSES
OF SUPPORT TO STATE, REGIONAL, LOCAL, AND INTERSTATE AGENCIES
IN ACCORDANCE WITH SUBTITLE D OF THIS ACT OTHER THAN SECTIONS
4008(A)(2) OR 4009."
SEC. 3001. (A). . .
(B)(1) IDENTIFICATION AND LISTING. -- NOT LATER THAN EIGHTEEN MONTHS
AFTER THE DATE OF ENACTMENT OF THIS SECTION, AND ALL 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(5)), 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.
(2)(A) NOT WITHSTANDING THE PROVISIONS OF PARAGRAPH (1) OF THIS
SUBSECTION, DRILLING FLUIDS, PRODUCED WATERS, AND OTHER WASTES
ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF CRUDE OIL
OR NATURAL GAS SHALL BE SUBJECT ONLY TO EXISTING STATE OR FEDERAL
REGULATORY PROGRAMS IN LIEU OF SUBTITLE C UNTIL AT LEAST 24 MONTHS AFTER
THE DATE OF ENACTMENT OF THIS PARAGRAPH AND AFTER PROMULGATION OF THE
REGULATIONS IN ACCORDANCE WITH SUBPARAGRAPHS (B) AND (C) OF THIS
PARAGRAPH: PROVIDED, THAT SUCH STATE OR FEDERAL PROGRAMS INCLUDE, FOR
WASTE DISPOSAL SITES WHICH ARE TO BE CLOSED, PROVISIONS REQUIRING AT
LEAST THE FOLLOWING:
(I) THE IDENTIFICATION THROUGH SURVEYING, PLATTING, OR OTHER
MEASURES, TOGETHER WITH RECORDATION OF SUCH INFORMATION ON THE PUBLIC
RECORD, SO AS TO ASSURE THAT THE LOCATION WHERE SUCH WASTES ARE DISPOSED
OF CAN BE LOCATED IN THE FUTURE: PROVIDED, HOWEVER, THAT NO SUCH
SURVEYING, PLATTING, OR OTHER MEASURE IDENTIFYING THE LOCATION OF A
DISPOSAL SITE FOR DRILING FLUIDS AND ASSOCIATED WASTES SHALL BE REQUIRED
IF THE DISTANCE FROM THE DISPOSAL SITE TO THE SURVEYED OR PLATTED
LOCATION TO THE ASSOCIATED WELL IS LESS THAN TWO HUNDRED LINEAL FEET;
AND
(II) A CHEMICAL AND PHYSICAL ANALYSIS OF A PRODUCED WATER AND A
COMPOSITION OF A DRILLING FLUID SUSPECTED TO CONTAIN A HAZARDOUS
MATERIAL, WITH SUCH INFORMATION TO BE ACQUIRED PRIOR TO CLOSURE AND TO
BE PLACED ON THE PUBLIC RECORD.
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(B) NOT LATER THAN SIX MONTHS AFTER COMPLETION AND SUBMISSION OF THE
STUDY REQUIRED BY SECTION 8002(N) OF THIS ACT, THE ADMINISTRATOR SHALL,
AFTER PUBLIC HEARINGS AND OPPORTUNITY FOR COMMENT, DETERMINE EITHER TO
PROMULGATE REGULATIONS UNDER THIS SUBTITLE FOR DRILLING FLUIDS PRODUCED
WATERS, AND OTHER WASTES ASSOCIATED WITH THE EXPLORATION, DEVELOPMENT,
OR PRODUCTION OF CRUDE OIL OR NATURAL GAS OR THAT SUCH REGULATIONS ARE
UNWARRANTED. THE ADMINISTRATOR SHALL PUBLISH HIS DECISION IN THE
FEDERAL REGISTER ACCOMPANIED BY AN EXPLANATION AND JUSTIFICATION OF THE
REASONS FOR IT. IN MAKING THE DECISION UNDER THIS PARAGRAPH, THE
ADMINISTRATOR SHALL UTILIZE THE INFORMATION DEVELOPED OR ACCUMULATED
PURSUANT TO THE STUDY REQUIRED UNDEF SECTION 8002(N).
(C) THE ADMINISTRATOR SHALL TRANSMIT HIS DECISION, ALONG WITH ANY
REGULATIONS, IF NECESSARY, TO BOTH HOUSES OF CONGRESS. SUCH REGULATIONS
SHALL NOT TAKE EFFECT UNLESS BETWEEN THE DATE OF TRANSMITTAL AND THE END
OF THE FIRST PERIOD OF ONE HUNDRED AND TWENTY CALENDAR DAYS OF
CONTINUOUS SESSION OF CONGRESS AFTER THE DATE ON WHICH SUCH REGULATIONS
ARE TRANSMITTED TO SUCH HOUSE, EACH HOUSE OF CONGRESS PASSES A
RESOLUTION FAVORING SUCH REGULATIONS.
SEC. 3002.. . .
(5)USE OF A MANIFEST SYSTEM AND ANY OTHER REASONABLE MEANS NECESSARY
TO ASSURE THAT ALL SUCH HAZARDOUS WASTE GENERATED IS DESIGNATED FOR
TREATMENT, STORAGE, OR DISPOSAL IN, AND ARRIVES AT, TREATMENT, STORAGE,
OR DISPOSAL FACILTIIES (OTHER THAN FACILITIES ON THE PREMISES WHERE THE
WASTE IS GENERATED) FOR WHICH A PERMIT HAS BEEN ISSUED AS PROVIDED IN
THIS SUBTITLE, OR PURSUANT TO TITLE I OF THE MARINE PROTECTION,
RESEARCH, AND SANCTUARIES ACT (86 STAT. 1052); AND
SEC. 3004. NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT
OF THIS SECTION, AND AFTER OPPORTUNITY FOR PUBLIC HEARINCS 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
THE ENVIRONMENT. THE ADMINISTRATOR IS AUTHORIZED TO DISTINGUISH IN SUCH
PERFORMANCE STANDARDS BETWEEN REQUIREMENTS APPROPRIATE FOR NEW
FACILITIES AND FOR FACILITIES IN EXISTENCE ON THE DATE OF PROMULGATION
OF SUCH REGULATIONS.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
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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 WASTSE 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 PRACTICIES
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 OR 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
SERVICES WHIERE SUCH ENTITY CAN PROVIDE ASSURANCES OF FINANCIAL
RESPONSIBILITY AND CONTINUITY OF OPERATION CONSISTENT WITH THE DEGREE
AND DURATION OF RISKS ASSOCIATED WITH THE TREATMENT, STORAGE, OR
DISPOSAL OF SPECIFIED HAZARDOUS WASTE.
SEC. 3005.(A). . .
(E) INTERIM STATUS. -- ANY PERSON WHO
(1) OWNS OR OPERATES A FACILITY REQUIRED TO HAVE A PERMIT UNDER THIS
SECTION WHICH (FACILITY IS IN EXISTENCE ON THE DATE OF ENACTMENT OF THIS
ACT.) FACILITY IS IN EXISTENCE ON THE DATE OF PROMULGATION OF
REGULATIONS UNDER SECTIONS 3001 AND 3004, OR AN APPLICABLE REVISIONS
THERETO, AND
(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 FINAL ADMINISTRATIVE
DISPOSITION OF SUCH APPLICATION HAS NOT BEEN MADE BECAUSE OF THE FAILURE
OF THE APPLICANT TO FURNISH INFORMATION REASONABLY REQUIRED OR REQUESTED
IN ORDER TO PROCESS THE APPLICATION.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
96TH CONGRESS 1ST SESSION
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SEC. 3007. (A) ACCESS ENTRY. -- FOR PURPOSES OF DEVELOPING OR
ASSISTING IN THE DEVELOPMENT OF ANY REGULATION OR ENFORCING THE
PROVISIONS OF THIS (SUBTITLE.) TITLE ANY PERSON WHO GENERATES, STORES,
TREATS, TRANSPORTS, DISPOSES OF, OR OTHERWISE HANDLES, OR HAS HANDLED,
HAZARDOUS WASTES SHALL, UPON REQUEST OF (ANY OFFICER OR EMPLOYEE) ANY
OFFICER, EMPLOYEE OR REPFESENTATIVE OF THE ENVIRONMENTAL PROTECTION
ACENCY, DULY DESIGNATED BY THE ADMINISTRATOR OR UPON REQUEST OF ANY DULY
(DESIGNATED OFFICER EMPLOYEE) DESIGNATED OFFICER, EMPLOYEE, OR
REPRESENTATIVE OF A STATE HAVING AN AUTHORIZED HAZARDOUS WASTE PROGRAM,
(FURNISH OR PERMIT) FURNISH INFORMATION RELATING TO SUCH WASTES AND
PERMIT SUCH PERSON AT ALL REASONABLE TIMES TO HAVE ACCESS TO, AND TO
COPY ALL RECOREDS RELATING TO SUCH WASTES. FOR THE PURPOSES OF
DEVELOPING OR ASSISTING IN THE DEVELOPMENT OF ANY REGULATION OR
ENFORCING PROVISIONS OF THIS TITLE, (SUCH OFFICERS OR EMPLOYEES) SUCH
OFFICERS, EMPLOYEES, OR REPRESENTATIVES ARE AUTHORIZED
(1) TO ENTER AT REASONABLE TIMES ANY ESTABLISHMENT OR OTHER PLACE
(MAINTAINED BY ANY PERSON) WHERE HAZARDOUS WASTES AFE OR HAVE BEEN
GENERATED, STORED, TREATED, OR DISPOSED OF, OR TRANSPORTED FROM:
(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) OFFICER, EMPLOYEE, OR
REPRESENTATIVE OBTAINS ANY SAMPLES, PRIOR TO LEAVING THE PREMISES, HE
SHALL GIVE TO THE OWNER, OPERATOR, OR AGENT IN CHARGE A RECEIPT
DESCRIBING THE SAMPLE OBTAINED AND IF REQUESTED A PORTION OF EACH SUCH
SAMPLE EQUAL IN VOLUME OR WEIGHT TO THE PORTION RETAINED. IF ANY
ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE RESULTS OF SUCH ANALYSIS
SHALL BE FURNISHED PROMPTLY TO THE OWNER, OPERATOR, OR AGENT IN CHARGE.
(B) AVAILABILITY TO PUBLIC. -- (1) ANY RECORDS, REPOFTS, OR
INFORMATION OBTAINED FROM ANY PERSON UN1ER 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) SHALL CONSIDER SUCH
INFORMATION OR PARTICULAR PORTION THEREOF SHALL BE CONSDIERED
CONFIDENTIAL IN ACCORDANCE WITH THE PURPOSES OF THAT SECTION, EXCEPT
THAT SUCH RECORD, REPORT, DOCUMENT, OR INFORMATION MAY BE DISCLOSED TO
OTHER OFFICERS, EMPLOYEES, OR AUTHORIZED REPRESENTATIVES OF THE UNITED
STATES CONCERNED WITH CARRYING OUT THIS ACT, OR WHEN RELEVANT IN ANY
PROCEEDING UNDER THIS ACT.
(2) ANY PERSON NOT SUBJECT TO THE PROVISIONS OF SECTION 1905 OF TITLE
18 OF THE UNITED STATES CODE WHO KNOWINGLY AND WILLFULLY DIVULGES OF
DISCLOSES ANY INFORMATION ENTITLED TO PROTECTION UNDER THIS SUBSECTION
SHALL, UPON CONVICTION, BE SUBJECT TO A FINE OF NOT MORE THAN $5,000 OR
TO IMPRISONMENT NOT TO EXCEED ONE YEAR, OR BOTH.
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(3) IN SUBMITTING DATA UNDER THIS ACT, A PERSON REQUIRED TO PROVIDE
SUCH DATA MAY (A) DESIGNATE THE DATA WHICH SUCH PERSON BELIEVES IS
ENTITLED TO PROTECTION UNDER THIS SUBSECTION AND (8) SUBMIT SUCH
DESIGNATED DATA SEPARATELY FROM OTHER DATA SUBMITTED UNDER THIS ACT. A
DESIGNATION UNDER THIS PARAGRAPH SHALL BE MADE IN WRITING AND IN SUCH
MANNER AS THE ADMINISTRATOR MAY PRESCRIBE.
(4) NOTWITHSTANDING ANY LIMITATION CONTAINED IN THIS SECTION OR ANY
OTHER PROVISION OF LAW, ALL INFORMATION REPORTED TO OR OTHERWISE
OBTAINED BY THE ADMINISTRATOR (OR ANY REPRESENTATIVE OF THE
ADMINISTRATOR) UNDER THIS ACT SHALL BE MADE AVAILABLE, UPON WRITTEN
REQUEST OF ANY DULY AUTHORIZED COMMITTEE OF THE CONGRESS, TO SUCH
COMMITTEE.
SEC. 3008. (A) COMPLIANCE ORDERS. -- (1) EXCEPT AS PROVIDED IN
PARAGRAPH (2), WHENEVER ON THE BASIS OF ANY INFORMATION THE
ADMINISTRATOR DETERMINES THAT ANY PERSON IS IN VIOLATION OF ANY
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 TEMPORAFY OF
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 ORDEF 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 LIABILE FOR A CIVIL PENALTY OF NOT
MORE THAN $25,000 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 SEFVED, 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 MAY INCLUDE A SUSPENSION OR REVOCATION OF A PERMIT ISSUED UNDER
THIS SUBTITLE, AND SHALL STATE WITH REASONABLE SPECIFICITY THE NATURE OF
THE VIOLATION AND SPECIFY A TIME FOR COMPLIANCE AND ASSES 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.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
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(D) CRIMINAL PENALTY. --ANY PERSON WHO KNOWLINGLY
(1) TRANSPORTS ANY HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS
SUBTITLE TO A FACILITY WHICH DOES NOT HAVE A PERMIT UNDER SECTION 3005
(OR 3006 IN THE CASE OF A STATE PROGRAM), OR PURSUANT TO TITLE I OF THE
MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT (86 STAT. 1052),
(2) TREATS, STORES, OR DISPOSES OF ANY HAZARDOUS WASTE IDENTIFIED OR
LISTED UNDER THIS SUBTITLE WITHOUT HAVING OBTAINED A PERMIT UNDER
SECTION 3005 (OR 3006 IN THE CASE OF A STATE PROGRAM) OR PURSUANT TO
TITLE I OF THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT (86
STAT. 1052).
(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
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
DONVICTION OF SUCH PERSON UNDER THIS PARAGRAPH, PUNISHMENT SHALL BE BY A
FINE OF NOT MORE THAN $50,000 PER DAY OF VIOLATION, OR BY IMPRISONMENT
FOR NOT MORE THAN TWO YEARS, OR BY BOTH.
(E) CIVIL PENALTY. -- ANY PERSON WHO VIOLATES ANY REQUIREMENT OF THIS
SUBTITLE SHALL BE LIABLE TO THE UNITED STATES FOR A CIVIL PENALTY IN AN
AMOUNT NOT TO EXCEED $25,000 FOR EACH SUCH VIOLATION. EACH DAY OF SUCH
VIOLATION SHALL, FOR PURPOSES OF THIS SUBSECTION, CONSTITUTE A SEPARATE
VIOLATION."
SEC. 3011. (A) AUTHORIZATION. -- THERE IS AUTHORIZED TO BE
APPROPRIATED $25,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979,
$30,000,000 FOR FISCAL YEAR 1980, $35,000,000 FOR FISCAL YEAR 1981, AND
$40,000,000 FOR FISCAL YEAR 1982 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, INCLUDING
PROGRAMS TO PROTECT HEALTH AND THE ENVIRONMENT FROM HAZARDOUS WASTE
DISPOSAL SITES OR FACILITIES WHICH ARE NO LONGER RECEIVING WASTES.
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.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
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(2) THE PLAN SHALL, IN ACCORDANCE WITH (SECTION 4005(C).) SECTIONS
4004(B) AND 4005(A), PROHIBIT THE ESTABLISHMENT OF NEW OPEN DUMPS WITHIN
THE STATE, AND CONTAIN REQUIREMENTS THAT ALL SOLID WASTE (INCLUDING
SOLID WASTE ORIGINATING IN OTHER 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 STATE OF LOCAL GOVERNMENT WITHIN
THE STATE SHALL BE PROHIBITED UNDER STATE OR LOCAL LAW FROM ENTERING
INTO LONG-TERM CONTRACTS FOF THE SUPPLY OF SOLID WASTE TO RESOURCE
RECOVERY FACILITIES(.). FROM ENTERING INTO LONG-TERM CONTRACTS FOR THE
OPERATION OF SUCH FACILITIES, OR FROM SECUIRNG LONG-TERM MARKETS FOR
MATERIAL AND ENERGY RECOVERED FROM SUCH 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.
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.)
(C)(A) CLOSING OR UPGRADING OF EXISTING OPEN DUMPS. --(ANY) UPON
PROMULGATION OF CRITERIA UNDER SECTION 1008(A)(3), 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), AND
4003(3) 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 WASTE
MANAGEMENT TO COMPLY WITH THE PROHIBITION ON OPEN DUMPING AND IS UNABLE
TO UTILIZE SUCH ALTERNATIVES TO SO COMPLY, A TIMETABLE OR SCHEDULE FOR
COMPLIANCE FOR SUCH PRACTICE OR DISPOSAL OF SOLID WASTE WHICH SPECIFIES
A SCHEDULE OF REMEDIAL MEASURES, INCLUDING AN ENFORCEABLE SEQUENCE OF
ACTIONS OR OPERATIONS, LEADING TO COMPLIANCE WITH THE PROHIBITION ON
OPEN DUMPING OF SOLID WASTE WITHIN A REASONABLE TIME (NOT TO EXCEED 5
YEARS FROM THE DATE OF PUBLICATION OF THE (INVENTORY UNDER SUBSECTION
(B)).) CRITERIA UNDER SECTION 1008(A)(3))).
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
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(B) INVENTORY. -- (NOT) TO ASSIST THE STATES IN COMPLYING WITH
SECTION 4003(3), NOT LATER THAN ONE YEAR AFTER PROMULGATION OF
REGULATIONS UNDER SECTION 4004, THE ADMINISTRATOR, WITH THE COOPERATION
OF THE BUREAU OF THE CNESUS SHALL PUBLISH AN INVENTORY OF ALL DISPOSAL
FACILITIES OR SITES IN THE UNITED STATES WHICH ARE OPEN DUMPS WITHIN THE
MEANING OF THIS ACT.
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 FRO PURPOSES OF MAKING GRANTS TO
THE STATES FOF THE DEVELOPMENT AND IMPLEMENTATION OF STATE PLANS UNDER
THIS SUBTITLE.) (1) THERE IS AUTHORIZED TO BE APPROPRIATED $30,000,000
FOR FISCAL YEAR 1978, $40,000,000 FOR FISCAL YEAR 1979, $20,000,000 FOR
FISCAL YEAR 1980, $25,000,000 FOR FISCAL YEAR 1981, AND $30,000,000 FOR
FISCAL YEAR 1982 FOR PURPOSES OF FINANCIAL ASSITANCE TO STATES AND
LOCAL, REGIONAL, AND INTERSTATE AUTHORITIES FOR THE DEVELOPMENT AND
IMPLEMENTATION OF PLANS APPROVED BY THE ADMINISTRATOR UNDEF THIS
SUBTITLE.
(2)(A). . .
(C) THERE ARE AUTHORIZED TO BE APPROPRIATED $15,000,000 FOR EACH OF
THE FISCAL YEARS 1978 AND 1979 FOR PURPOSES OF THIS SECTION. THERE ARE
AUTHORIZED TO BE APPROPRIATED $13,950,000 FOR FISCAL YEAR 1980
$15,000,000 FOR FISCAL YEAF 1981, AND $15,000,000 FOR FISCAL YEAR 1982
FOR PURPOSES OF THIS PARAGRAPH.
SEC. 4009. (A). . .
(D) APPROPRIATIONS. -- THERE ARE AUTHORIZED TO BE APPROPRIATED
$25,000,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS
SECTION. THERE ARE AUTHORIZED TO BE APPROPRIATED $15,000,000 FOR EACH
OF THE FISCAL YEARS 1980, 1981, AND 1982 TO CARRY OUT THIS SECTION.
SEC. 5005. THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY
OF COMMERCE $5,000,000 FOR EACH OF FISCAL YEARS 1980, 1981, AND 1982 TO
CARRY OUT THE PURPOSES OF THIS SUBTITLE.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
96TH CONGRESS 1ST SESSION
PART 019 OF 24
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COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS U.S. SENATE
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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 PUFCHASE 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 RPECEDING FISCAL YEAR WAS $10,000 OR MORE.
(B) PROCUREMENT SUBJECT TO OTHER LAW. -- ANY PROCUREMENT, BY ANY
PROCURING AGENCY, WHICH IS SUBJECT TO REGULATIONS OF THE ADMINISTRATOR
UNDER SECTION 6004 (AS PROMULGATED BEFORE THE DATE OF ENACTMENT OF THIS
SECTION UNDER COMPARA0LE PROVISIONS OF PRIOR LAW) ENACTMENT OF THIS
SECTION UNDER COMPARABLE PROVISIONS OF PRIOR LAW) SHALL NOT BE SUBJECT
TO THE REQUIREMENTS OF THIS SECTION TO THE EXTENT THAT SUCH REQUIREMENTS
ARE INCONSISTENT WITH SUCH REGULATIONS.
(C) REQUIREMENTS. -- (1)(AFTER TWO YEARS AFTER THE DATE OF ENACTMENT
OF THIS SECTION, EACH PROCURING AGENCY SHALL PROCURE ITEMS COMPOSED OF
THE HIGHEST PERCENTAGE OF RECOVERED MATERIALS PRACTICABLE CONSISTENT
WITH MAINTAINING A SATISFACTORY LEVEL OF COMPETITION.) AFTER THE DATE
SPECIFIED IN APPLICABLE GUIDELINES PREPARED PURSUANT TO SUBSECTION (C)
OF THIS SECTION, EACH PROCURING AGENCY WHICH PROCURES ANY ITEMS
DESIGNATED IN SUCH GUIDELINES SHALL PROCURE SUCH ITEMS COMPOSED OF THE
HIGHEST PERCENTAGE OF RECOVERED MATERIALS PRACTICABLE, CONSISTENT WITH
MAINTAINING A SATISFACTORY LEVEL OF COMPETITION, CONSIDERING SUCH
GUIDELINES. THE DECISION NOT TO PROCURE SUCH ITEMS SHALL BE BASED ON A
DETERMINATION THAT SUCH PROCUREMENT ITEMS
(A) ARE NOT REASONABLY AVAILABLE WITHIN A REASONABLE PERIOD OF TIME;
(B) FAIL TO MEET THE PERFORMANCE STANDARDS SET FORTH IN THE
APPLICABLE SPECIFICATIONS OR FAIL TO MEET THE REASONABLE PERFORMANCE
STANDARDS OF THE PROCURING AGENCIES; OR
(C) ARE ONLY AVAILABLE AT AN UNREASONABLE PRICE. ANY DETERMINATION
UNDER CLAUSE (B) SHALL BE MADE ON THE BASIS OF THE GUIDELINES OF THE
BUREAU OF STANDARDS IN ANY CASE IN WHICH SUCH MATERIAL IS COVERED BY
SUCH GUIDELINES.
(2) AGENCIES THAT GENERATE HEAT, MECHANICA, OR ELECTRICAL ENERGY FROM
FOSSIL FUEL IN SYSTEMS THAT HAVE THE TECHNICAL CAPABILITY OF USING
RECOVERED MATERIAL AND (RECOVERED-MATERIAL-DERIVED FUEL) ENERGY OR FUELS
DERIVED FROM SOLID WASTE AS A PRIMARY OR SUPPLEMENTARY FUEL SHALL USE
SUCH CAPABILITY TO THE MAXIMUM EXTENT PRACTICABLE.
(3) AFTER THE DATE SPECIFIED IN ANY APPLICABLE GUIDELINES PREPARED
PURSUANT TO SUBSECTION (E) OF THIS SECTION, CONTRACTING OFFICERS SHALL
REQUIRE THAT (VENDORS CERTIFY THE PERCENTAGE OF THE TOTAL MATERIAL
UTILIZED FOR THE PERFORMANCE OF THE CONTRACT WHICH IS RECOVERED
MATERIALS.)
(A) CERTIFY THAT THE PERCENTAGE OF RECOVERED MATERIALS TO BE USED IN
THE PERFORMANCE OF THE CONTRACT WILL BE AT LEAST THE AMOUNT REQUIRED BY
APPLICABLE SPECIFICATIONS OR OTHER CONTRACTUAL REQUIREMENTS AND
(B) ESTIMATE 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).
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
96TH CONGRESS 1ST SESSION
PART 020 OF 24
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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.)
(D) SPECIFICATIONS. -- ALL FEDERAL ACENCIES THAT HAVE THE
RESPONSIBILITY FOR DRAFTING OR REVIEWING SPECIFICATIONS FOR PROCUREMENT
ITEMS PROCURED BY FEDERAL AGENCIES SHALL
(1) AS EXPEDITIOUSLY AS POSSIBLE BUT IN ANY EVENT NO LATER THAN FIVE
YEARS AFTER THE DATE OF ENACTMENT OF THIS ACT, ELIMINATE FROM SUCH
SPECIFICATIONS
(A) ANY EXCLUSION OF RECOVERED MATERIALS AND
(B) ANY REQUIREMENT THAT ITEMS BE MANUFACTURED FROM VIRGIN MATERIALS;
AND
(2) WITHIN ONE YEAR AFTER THE DATE OF PUBLICATION OF APPLICABLE
GUIDELINES UNDER SUBSECTION (C), OR AS OTHERWISE SPECIFIED IN SUCH
GUIDELINES, ASSURE THAT SUCH SPECIFICATIONS REQUIRE THE USE OF RECOVERED
MATERIALS TO THE MAXIMUM EXTENT POSSIBLE WITHOUT JEOPARDIZING THE
INTEDNED 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 WITH RESPECT TO CERTIFICATION BY VENDORS OF THE PERCENTAGE OF
RECOVERED MATERIALS USED, AND SHALL PROVIDE INFORMATION AS TO THE
AVAILABILITY, SOURCES OF SUPPLY, AND POTENTIAL USES OF SUCH MATERIALS
AND ITEMS.)
SUCH GUIDELINES SHALL
(1) DESIGNATE THOSE ITEMS WHICH ARE OR CAN BE PRODUCED WITH RECOVERED
MATERIALS AND WHOSE PROCUREMENT BY PROCURING AGENCIES WILL CARRY OUT THE
OBJECTIVES OF THIS SECTION. IN MAKING THIS DETERMINATION, THE
ADMINISTRATOR SHALL CONSIDER, BUT IS NOT LIMITED IN HIS CONSIDERATIONS,
TO:
(A) THE AVAILABILITY OF SUCH ITEMS;
(B) THE IMPACT OF THE PROCUREMENT OF SUCH ITEMS BY PROCURING AGENCIES
ON THE VOLUME OF SOLID WASTE WHICH MUST BE TREATED, STORED OR DISPOSED
OF;
(C) THE ECONOMIC AND TECHNOLOGICAL FEASIBILITY OF PRODUCING AND USING
SUCH ITEMS; AND
(D) OTHER USES FOR SUCH RECOVERED MATERIALS.
(2) SET FORTH RECOMMENDED PRACTICES WITH RESPECT TO THE PROCUREMENT
OF RECOVERED MATERIALS AND ITEMS CONTAINING SUCH MATERIALS AND WITH
RESPECT TO CERTIFICATION BY VENDORS OF THE PERCENTAGE OF RECOVERED
MATERIALS USED, AND SHALL PROVIDE INFORMATION AS TO THE AVAILABILITY,
RELATIVE COST, AND PERFORMANCE OF SUCH MATERIALS AND ITEMS AND WHERE
APPROPRIATE SHALL RECOMMEND THE LEVEL OF RECOVERED MATERIAL TO BE
CONTAINED IN THE PROCURED PRODUCT.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
96TH CONGRESS 1ST SESSION
PART 021 OF 24
RANDOLPH
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS U.S. SENATE
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REPORT STUDY
SENATE
THE ADMINISTRATOR SHALL PREPARE FINAL GUIDELINES FOR AT LEAST THREE
PRODUCT CATEGORIES, INCLUDING PAPER, BY SEPTEMBER 30, 1980, AND FOR TWO
ADDITIONAL PRODUCT CATEGORIES, INCLUDING CONSTRUCTION MATERIALS, BY
SEPTEMBER 30, 1982.
(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 RECOVER.
(G) EXECUTIVE OFFICE. -- THE OFFICE OF PROCUREMENT POLICY IN THE
EXECUTIVE OFFICE OF THE PRESIDENT, IN COOPERATION WITH THE
ADMINISTRATOR, SHALL IMPLEMENT THE POLICY EXPRESSED IN THIS SECTION. IT
SHALL BE THE RESPONSIBILITY OF THE OFFICE OF PROCUREMENT POLICY TO
COORDINATE THIS POLICY WITH OTHER POLICIES FOR FEDERAL PROCUREMENT, IN
SUCH A WAY AS TO MAXIMIZE THE USE OF RECOVERED RESOURCES, AND TO
ANNUALLY REPORT TO THE CONGRESS ON ACTIONS TAKEN BY FEDERAL AGENCIES AND
THE PROGRESS MADE IN THE IMPLEMENTATION OF SUCH POLICY.
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) A SUBSTANTIAL ENDANGERMENT TO HEALTH AND OR
THE ENVIRONMENT, THE ADMINISTRATOR MAY BRING SUIT ON BEHALF OF THE
UNITED STATES IN THE APPROPRIATE DISTRICT COURT TO IMMEDIATELY RESTRAIN
ANY PERSON CONTRIBUTING TO (THE ALLEGED DISPOSAL) SUCH HANDLING,
STORAGE, TREATMENT, TRANSPORTATION, OR 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.
SEC. 7006.(A) ANY JUDICIAL REVIEW OF FINAL REGULATIONS PROMULGATED
PURSUANT TO THIS ACT AND THE ADMINSTRATOR'S DENIAL OF ANY PETITION FOR
THE PROMULGATION, AMENDMENT, OR REPEAL OF ANY REGULATION UNDER THIS ACT
SHALL BE IN ACCORDANCE WITH SECTIONS 701 THROUGH 706 OF TITLE 5 OF THE
UNITED STATES CODE, EXCEPT THAT
(1) A PETITION FOR REVIEW OF ACTION OF THE ADMINISTRATOR IN
PROMULGATING ANY REGULATION, OR REQUIREMENT UNDER THIS ACT OR DENYING
ANY PETITION FOR THE PROMULGATION, AMENDMENT OR REPEAL OF ANY REGULATION
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 DENIAL OR AFTER SUCH
DATE IF SUCH PETITION FOR REVIEW IS BASED SOLELY ON GROUNDS ARISING
AFTER SUCH NINETIETH DAY. ACTION OF THE ADMINISTRATOR WITH RESPECT TO
WHICH REVIEW COULD HAVE BEEN OBTAINED UNDER THIS SUBSECTION SHALL NOT BE
SUBJECT TO JUDICIAL REVIEW IN CIVIL OR CRIMINAL PROCEEDING 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.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
96TH CONGRESS 1ST SESSION
PART 022 OF 24
RANDOLPH
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS U.S. SENATE
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REPORT STUDY
SENATE
THE ADMINISTRATOR MAY MODIFY HIS FINDS AS TO THE FACTS, OR MAKE NEW
FINDINGS, BY REASON OF THE ADDITIONAL EVIDENCE SO TAKEN, AND HE SHALL
FILE WITH THE COURT SUCH MODIFIED OR NEW FINDINGS AND HIS
RECOMMENDATION, IF ANY, FOR THE MODIFICATION OR SETTING ASIDE OF HIS
ORIGINAL ORDER, WITH THE RETURN OF SUCH ADDITIONAL EVIDENCE.
(B) REVIEW OF THE ADMINISTRATOR'S ACTION (1) IN ISSUING, DENYING,
MODIFYING OR REVOKING ANY PERMIT UNDER SECTION 3005 AND (2) IN GRANTING,
DENYING OR WITHDRAWING AUTHORIZATION OR INTERIM AUTHORIZATION UNDER
SECTION 3006, MAY BE HAD BY ANY INTERESTED PEFSON IN THE CIRCUIT COURT
OF APPEALS OF THE UNITED STATES FOR THE FEDERAL JUDICIAL DISTRICT IN
WHICH SUCH PERSON RESIDES OR TRANSACTS SUCH BUSINESS UPON APPLICATION BY
SUCH PERSON. ANY SUCH APPLICATION SHALL BE MADE WITHIN NINETY DAYS FROM
THE DATE OF SUCH ISSUANCE, DENIAL, MODIFICATION, REVOCATION, GRANT OR
WITHDRAWAL, OR AFTER SUCH DATE ONLY IF SUCH APPLICATION IS BASED SOLELY
ON GROUNDS WHICH AROSE AFTER SUCH NINETIETH DAY. SUCH REVIEW SHALL BE
IN ACCORDANCE WITH SECTIONS 701 THROUGH 706 OF TITLE 5 OF THE UNITED
STATES CODE.
SEC. 7010. IN CARRYING OUT THIS ACT, THE ADMINISTRATOR MAY BY SUBPENA
REQUIRE SUCH ATTENDANCE AND TESTIMONY OF WITNESSES AND PRODUCTION OF
REPORTS, PAPERS, DOCUMENTS, ANSWERS TO QUESTIONS AND OTHER INFORMATION
AS THE ADMINISTRATOR DEEMS NECESSARY. WITNESSES SHALL BE PAID THE SAME
FEES AND MILEAGE THAT ARE PAID TO WITNESSES IN COURTS OF THE UNITED
STATES. IN THE EVENT OF CONTUMACY, FAILURE OR REFUSAL OF ANY PERSON TO
OBEY SUCH SUBPENAS, ANY DISTRICT COURT OF THE UNITED STATES IN WHICH
VENUE IS PROPER SHALL HAVE JURISDICTION TO ORDER ANY SUCH PERSON TO
COMPLY WITH SUCH SUBPENA. ANY FAILURE TO OBEY SUCH AN ORDER OF THE
COURT IS PUNISHABLE BY THE COURT AS A CONTEMPT THEREOF.
DEMONSTRATIONS
SEC. 8002. (A). . .
(N) DRILLING FLUIDS, PRODUCED WATERS, AND OTHER WASTES ASSOCIATED
WITH THE EXPLORATION, DEVELOPMENT, OR PRODUCTION OF CRUDE OIL OR NATURAL
GAS.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
96TH CONGRESS 1ST SESSION
PART 023 OF 24
RANDOLPH
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS U.S. SENATE
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REPORT STUDY
SENATE
THE ADMINISTRATOR SHALL CONDUCT A DETAILED AND COMPREHENSIVE STUDY
AND SUBMIT A REPORT ON THE ADVERSE EFFECTS, IF ANY, OF DRILLING FLUIDS,
PRODUCED WATERS, AND OTHER WASTES ASSOCIATED WITH THE EXPLORATION,
DEVELOPMENT, OR PORDUCTION OF CRUDE OIL OR NATURAL GAS 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 OIL AND GAS
DRILLING AND PRODUCTION INDUSTRY. GOVERNMENT AGENCIES, AND OTHERS TO
DISPOSE OF AND UTILIZE SUCH WASTES AND TO PREVENT OR SUBSTANTIALLY
MITIGATE SUCH ADVERSE EFFECTS. SUCH STUDY SHALL INCLUDE OAN ANALYSIS OF
(A) THE SOURCES AND VOLUME OF DISCARDED MATERIAL GENERATED PER YEAR
FROM SUCH WASTES;
(B) PRESENT DISPOSAL PRACTICES;
(C) POTENTIAL DNAGER TO HUMAN HEALTH AND THE ENVIRONMENT FROM THE
SURFACE RUNOFF OR LEACHATE;
(D) DOCUMENTED CASES WHICH PROVE OR HAVE CAUSED DANGER TO HUMAN
HEALTH AND THE ENVIRONMENT FROM SURFACE RUNOFF OR LEACHATE;
(E) ALTERNATIVES TO CURRENT DISPOSAL METHODS;
(F) THE COST OF THE SUCH ALTERNATIVES; AND
(G) THE IMPACT OF THOSE ALTERNATIVES ON THE EXPLORATION,
DEVELOPMENT, AND PRODUCTION OF CRUDE OIL AND NATURAL GAS.
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 PUBLIXH A
REPORT OF SUCH STUDY AND SHALL INCLUDE APPROPRIATE FINDINGS AND
RECOMMENDATIONS FOR FEDERAL AND NON-FEDERAL ACTIONS CONCERNING SUCH
EFFECTS.
(2) THE ADMINISTRATOR SHALL COMPLETE THE RESEARCH AND STUDY AND
SUBMIT THE REPORT REQUIRED UNDER PARAGRAPH (1) NOT LATER THAN TWENTYFOUR
MONTHS FROM THE DATE OF ENACTMENT OF THE SOLID WASTE DISPOSAL ACT
AMENDMENTS OF 1979. UPON COMPLETION OF THE STUDY, THE ADMINISTRATOR
SHALL PREPARE A SUMMARY OF THE FINDINGS OF THE STUDY, A PLAN FOR
RESEARCH, DEVELOPMENT, AND DEMONSTRATION RESPECTING THE FINDINGS OF THE
STUDY, AND SHALL SUBMIT THE FINDINGS AND THE STUDY, ALONG WITH ANY
RECOMMENDATIONS RESULTING FROM SUCH STUDY, TO THE COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS OF THE UNITED STATES SENATE AND THE
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE OF THE UNITED STATES HOUSE
OF REPRESENTATIVES.
SEC. 3. (A). . .
(B) THE PRESIDENT SHALL SUBMIT A REPORT OF THE RESULTS TOGETHER WITH
APPROPRIATE SUPPORTING DATA AND SUCH RECOMMENDATIONS AS HE DEEMS
DESIRABEL TO THE COMMITTEE 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.) THIS ACT.
AMENDING THE SOLID WASTE DISPOSAL ACT 790515 REPORT NO. 96-172 TO ACCOMPANY S. 1156 CALENDER NO. 184
96TH CONGRESS 1ST SESSION
PART 024 OF 24
RANDOLPH
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS U.S. SENATE
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REPORT STUDY
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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.
RESOURCE CONSERVATION AND RECOVERY ACT AMENDMENTS OF 1979 REPORT NO. 96-191 TO ACCOMPANY H.R. 3994 790515
96TH CONGRESS 1ST SESSION
PART 001 OF 29
STAGGERS
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE HOUSE OF REPRESENTATIVES
100621
REPORT STUDY
HOUSE
THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, TO WHOM WAS
REFERRED THE BILL (H.R. 3994) TO AMEND THE SOLID WASTE DISPOSAL ACT TO
AUTHORIZE APPROPRIATIONS FOR THE FISCAL YEAR 1980, TO MAKE CERTAIN
TECHNICAL CHANGES, TO STRENGTHEN THE REGULATORY AND ENFORCEMENT
MECHANISMS, AN