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THESE FEDERAL REQUIREMENTS ARE INTERNALIZED IN STATE IMPLEMENTATION PLANS (SIPS) SO THAT STATES CAN ADMINISTER THE PERMIT PROGRAM AND BRING THEIR JURISDICTIONS INTO COMPLIANCE WITH NAAQS.

THE CAA ALSO SPECIFIES THAT BEST AVAILABLE CONTROL TECHNOLOGY (BACT) BE USED ON ANY NEW MAJOR SOURCE IN AN "ATTAINMENT" AREA. BACT IS DETERMINED ON A CASE-BY-CASE BASIS CONSIDERING SEVERAL FACTORS INCLUDING ECONOMICS. FOR THOSE "NON-ATTAINMENT' AREAS WHERE THE OFFSET POLICY APPLIES, A FACILITY MUST MEET LOWEST ACHIEVABLE EMISSION RATE (LAER). LAER IS THE LOWEST EMISSION RATE ALLOWED OR ACHIEVED ANYWHERE WITHOUT REGARD TO COST OR ENERGY USE. IN EITHER CASE, RESOURCE RECOVERY FACILITIES HAVE TO APPLY SIGNIFICANTLY GREATER EMISSIONS CONTROL THAN IN THE PAST.

TECHNOLOGY TO CONTROL AIR EMISSIONS

THE EMISSIONS CONTROL TECHNOLOGY UTILIZED FOR FACILITIES BURNING SOLID WASTE IS AN ELECTROSTATIC PRECIPITATOR (ESP). AN ESP REMOVES PARTICULATES FROM THE AIRSTREAM PRIOR TO VENTING TO THE ATMOSPHERE.

ESP TECHNOLOCY IS PROVEN AND RELIABLE. ANY OF THE CURRENT PARTICULATE STANDARDS RESULTING FROM THE CAA FOR RESOURCE RECOVERY CAN BE MET WITH AN ESP, THOUGH COSTS OBVIOUSLY INCREASE AS ALLOWABLE EMISSIONS ARE LOWERED. THUS, COSTS FOR MEETING STRINGENT STANDARDS SUCH AS THOSE DICTATED BY BACT AND LAER INCREASE NET RESOURCE RECOVERY COSTS, BUT USUALLY THE INCREASE IS NOT PROHIBITIVE.

MAJOR CAA ISSUES FOR RESOURCE RECOVERY FACILITIES

THE MOST SIGNIFICANT CONSTRAINT TO CONSTRUCTION OF RESOURCE RECOVERY FACILITIES IN THE CAA IS THE EMISSION OFFSET REQUIREMENT RELATING TO "NON-ATTAINMENT" AREAS. UNDER THE EMISSION OFFSET POLICY, IN ORDER TO CONSTRUCT A NEW EMISSION SOURCE ABOVE A CERTAIN SIZE, EMISSIONS MUST BE REDUCED FROM EXISTING SOURCES IN AN AMOUNT GREATER THAN THE NEW SOURCE EMISSIONS.

EPA REALIZED THAT THIS WOULD HAVE EFFECTIVELY PREVENTED IMPLEMENTATION OF RESOURCE RECOVERY IN MANY AREAS OF THE COUNTRY. CONSEQUENTLY, EPA'S EMISSION OFFSET INTERPRETATIVE RULING (40 CFR PART 51) PROVIDES AN EXEMPTION FROM THIS REQUIREMENT FOR RESOURCE RECOVERY FACILITIES.

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THIS EXEMPTION FROM OBTAINING OFFSETS IS A KEY TO CONTINUED RESOURCE RECOVERY IMPLEMENTATION, AND IS JUSTIFIED IN EPA'S VIEW BY THE ATTENDANT ENVIRONMENTAL AND CONSERVATION BENEFITS OF RESOURCE RECOVERY. THE APPLICANT STILL IS REQUIRED TO MAKE THE BEST POSSIBLE EFFORT TO OBTAIN OFFSETS, AND THE REQUIREMENTS OF LOWEST ACHIEVABLE EMISSION RATES STILL APPLY.

A SECOND ASPECT OF THE CAA REGULATIONS WHICH IMPACTS ON RESOURCE RECOVERY IS A PROVISION THAT CERTAIN MODIFICATIONS TO EXISTING FACILITIES BRING THOSE FACILITIES UNDER THE CAA REQUIREMENTS. AN EXAMPLE WOULD BE MODIFICATION OF EXISTING UTILITY BOILERS TO BURN RDF. THE AGENCY PREVIOUSLY MADE THE DETERMINATION UNDER THE NEW SOURCE PERFORMANCE STANDARDS (NSPS) FOR STATIONARY SOURCES THAT SUCH A MODIFICATION WOULD NOT BRING THE UNIT UNDER THE NSPS RULES. THE AGENCY IS CURRENTLY REVIEWING FACTORING THIS SAME DETERMINATION INTO THE RULES FOR NEW SOURCE REVIEW.

EPA IS TAKING OTHER ACTIONS TO ENSURE THAT THE CAA DOES NOT PLACE

UNWARRANTED RESTRICTIONS ON RESOURCE RECOVERY. THE OFFICE OF SOLID

WASTE AND OFFICE OF AIR PROGRAMS RE COORDINATING CLOSELY IN

DEVELOPMENT OF BACT AND LAER CONTROL LEVELS RELATED TO RESOURCE

RECOVERY FACILITIES. THE AGENCY IS ALSO DEVELOPING NEW DATA ON

EMISSIONS FROM RESOURCE RECOVERY FACILITIES TO AID IN THE REVIEW OF

NEW SOURCE REVIEW APPLICATIONS.

HOWEVER, CAA REQUIREMENTS CAN BE RESTRICTIVE. THE NEW SOURCE REVIEW PROCESS CAN INVOLVE SIGNIFICANT UNCERTAINTY, TIME, AND COST. INTERPRETATIONS AND REQUIREMENTS OFTEN VARY SIGNIFICANTLY AMONG STATES. FOR EXAMPLE, UNDER THE EMISSION OFFSET INTERPRETIVE RULING, THE EXEMPTION FOR RESOURCE RECOVERY IS UP TO THE STATE AS THE PERMITTING AGENCY. SOME STATES WILL READILY GRANT AN EXEMPTION WHILE OTHERS REQUIRE EXTENSIVE EFFORTS TO OBTAIN OFFSET THAT MAY CONSTITUTE REFUSAL TO GRANT AN EXEMPTION.

CONCLUSIONS

THE PROVISIONS OF THE CLEAN AIR ACT ARE NOT AT THIS TIME PREVENTING IMPLEMENTATION OF RESOURCE RECOVERY. HOWEVER, THEY DO ADD SIGNIFICANT TIME, COMPLEXITY, AND COST TO THE IMPLEMENTATION PROCESS FOR MANY COMMUNITIES. EPA HAS ATTEMPTED TO REMOVE MAJOR RESTRICTIONS THAT WOULD HAVE PREVENTED RESOURCE RECOVERY IMPLEMENTATION.

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CONGRESSMAN JAMES L. FLORIO CHAIRMAN SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE WASHINGTON, D.C. 20515

AT YOUR RECENT HEARINGS ON RCRA REAUTHORIZATION YOU REQUESTED THAT WE PROVIDE YOU WITH AN ANALYSIS OF HOW ADDITIONAL RESOURCES COULD BE USED EFFECTIVELY TO CARRY OUT OUR RESOURCE RECOVERY MISSION.

I HAVE ENCLOSED AN ANALYSIS WHICH EXPLORES THIS QUESTION. THE ANALYSIS INCLUDES A BRIEF SYNOPSIS OF THE CURRENT STATUS AND PROBABLE DIRECTION OF RESOURCE RECOVERY, AND DISCUSSES OUR PROGRAM AT EPA IN THE CONTEXT OF THE TOTAL FEDERAL RESOURCE RECOVERY EFFORT.

I FEEL THAT WE HAVE A STRONG PROGRAM AIMED AT THE KEY IMPLEMENTATION BARRIERS, AND THAT EPA AS AN AGENCY IS IDEALLY SITUATED TO CARRY OUT THIS PROGRAM AND ALSO ACT AS A FOCAL POINT FOR INTEGRATING THE PROGRAM OF THE OTHER AGENCIES INVOLVED IN THIS AREA.

PLEASE ADVISE US IF YOU DESIRE ANY ADDITIONAL INFORMATION TO SUPPORT THE ENCLOSED ANALYSIS.

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EPA RESOURCE RECOVERY PROGRAM: RESOURCE PRIORITIES

AFTER TEN YEARS OF DEVELOPMENT, RESOURCE RECOVERY HAS REACHED AN IMPORTANT PLATEAU WHERE MUCH WIDER SCALE IMPLEMENTATION IS POSSIBLE. THIS HAS NOT OCCURRED, HOWEVER, BECAUSE COMMUNITIES HAVE BEEN UNABLE TO ADEQUATELY PLAN AND CARRY OUT THE COMPLEX AND COSTLY PROJECT IMPLEMENTATION PROCESS WITH ITS ATTENDANT "INSTITUTIONAL" BARRIERS.

EPA HAS DEVELOPED A CAREFULLY TAILORED PROGRAM OF TECHNICAL AND FINANCIAL ASSISTANCE TO RESPOND TO THIS PROBLEM, AND HAS INTEGRATED THE RESOURCE RECOVERY ACTIVITIES OF OTHER AGENCIES INTO THAT PROGRAM. WE ARE CONFIDENT THAT THIS PROGRAM CAN MOVE RESOURCE RECOVERY FORWARD EFFECTIVELY.

EPA RESOURCE PRIORITIES

RESOURCES SHOULD BE FOCUSED ON CARRYING OUT A STRONG AND EFFECTIVE PROGRAM AS CURRENTLY DESIGNED, RATHER THAN BRANCHING INTO NEW FRINGE AREAS OF LOWER POTENTIAL IMPACT.

THE MOST CRITICAL ELEMENT IS THE FINANCIAL ASSISTANCE PROVIDED UNDER THE URBAN POLICY PROGRAM. CONTINUED FUNDING OF THIS PROGRAM WILL LEAD TO A SUCCESSFUL LOCAL ASSISTANCE PROGRAM.

TECHNICAL ASSISTANCE PANELS SUPPORT FOR RESOURCE RECOVERY IS A VITAL ELEMENT OF THE PROGRAM STRATEGY. THOUGH RESOURCES ARE CURRENTLY SUFFICIENT, THE IMPACT OF HAZARDOUS WASTE RECULATIONS AND LAND DISPOSAL CRITERIA COULD IN THE COMING YEARS GENERATE A LARGE NUMBER OF NEW REQUESTS FOR TECHNICAL ASSISTANCE IN THOSE AREAS. IT IS IMPORTANT THAT THERE CONTINUE TO BE A SUFFICIENT POOL OF PANELS RESOURCES TO ADDRESS ANY REASONABLE REQUEST FOR RESOURCE RECOVERY ASSISTANCE. FURTHERMORE, PANELS RESOURCES ARE REQUIRED TO SUPPORT THE URBAN POLICY FUNDING RECIPIENTS.

TECHNICAL, ECONOMIC, AND ENVIRONMENTAL EVALUATIONS OF OPERATING RESOURCE RECOVERY SYSTEMS WILL PROVIDE ONE OF THE MOST IMPORTANT SOURCES OF INFORMATION FOR THOSE CONSIDERING RESOURCE RECOVERY. WITHIN THE CONTEXT OF THE PRESIDENT'S BUDGET, IT WAS DETERMINED TO FUND THIS ACTIVITY AT A LIMITED LEVEL. IN FUTURE YEARS, WE MAY WNT TO REEXAMINE THIS LEVEL.

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FINALLY, THE SUBJECT OF SOURCE SEPARATION ADDRESSES A RATHER LARGE CONSTITUENCY AND PRODUCES MATERIALS WITH GREATER MARKETABILITY THAN THOSE RECOVERED THROUGH HIGH TECHNOLOGY PLANTS.

BASIS FOR EPA'S PROGRAM PRIORITIES

OVER THE PAST TEN YEARS RESOURCE RECOVERY FROM MUNICIPAL SOLID WASTE HAS EVOLVED FROM CONCEPT AND EXPERIMENT TO COMMERCIAL IMPLEMENTATION. THOUGH TECHNOLOGIES AND MAREKTS ARE NOT FULLY OPTIMIZED, THERE ARE NOW TECHNICALLY AND ECONOMICALLY FEASIBLE RECOVERY ALTERNATIVES AVAILABLE. THESE ALTERNATIVES INCLUDE SIMPLE, LOW COST SOURCE SEPARATION APPROACHES, AS WELL AS TECHNICALLY SOPHISTICATED TECHNOLOGIES. WITH CAREFUL PLANNING AND GUIDANCE, MANY COMMUNITIES CAN EMPLOY RESOURCE RECOVERY AS A PRACTICAL AND COST-EFFECTIVE SOLID WASTE MANAGEMENT SOLUTION.

THE PRIMARY CONSTRAINT TO MORE RAPID RESOURCE RECOVERY PROGRESS IS THE IMPLEMENTATION PROCESS ITSELF. THE PROCEDURES INVOLVED IN IMPLEMENTATION ARE UNIQUE AND COMPLEX. THEY INVOLVE A SERIES OF TECHNICAL, MARKETING, FINANCIAL, LEGAL, AND ORGANIZATIONAL FACTORS WHICH MUST BE BROUGHT TOGETHER IN A COMPREHENSIVE, WELL-STRUCTURED PROJECT PLANNING AND DEVELOPMENT PROCESS. PROBLEMS IN MANY OF THESE AREAS ARE OFTEN REFERRED TO AS "INSTITUTIONAL" CONSTRAINTS. HOWEVER, THEY INCLUDE SUCH BASIC ISSUES AS OBTAINING A LONG TERM COMMITMENT FOR SUPPLY OF WASTE, UNDERSTANDING TECHNOLOGIES AND THEIR OPERATING HISTORIES, GAINING PUBLIC SUPPORT, OBTAINING ENVIRONMENTAL PERMITS, DEVELOPING LONG TERM CONTRACTS WITH MARKETS AND SYSTEM VENDORS, AND OBTAINING THE LOWEST COST FINANCING.

IN ORDER TO ADDRESS THESE ISSUES, COMMUNITIES NEED PROPER EXPERTISE, INFORMATION, AND FINANCIAL RESOURCES. TYPICALLY, THESE ELEMENTS ARE NOT AVAILABLE AT THE LOCAL LEVEL.

STATUS AND TREND OF IMPLEMENTATION

AT THE PRESENT TIME APPROXIMATELY 22 LARGE AND SMALL COMMUNITIES HAVE RESOURCE RECOVERY FACILITIES OPERATING OR UNDER CONSTRUCTION. THE TOTAL CAPACITY OF THESE FACILITIES -- ABOUT 19,000 TONS OF WASTE PER DAY WHEN FULLY OPERATIONAL -- WILL REPRESENT ONLY 3 TO 4 PERCENT OF TOTAL WASTE GENERATED. SUPPLEMENTED BY THE ROUGHLY 7 PERCENT OF WASTE DISCARDS RECOVERED THROUGH SOURCE SEPARATION, THE NATION IS NOW RECOVERING RESOURCES FROM ABOUT 10 PERCENT OF ITS DISCARDS.

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HOWEVER, INCREASING ENERGY VALUES AND GROWING COST AND SOCIAL UNACCEPTABILITY OF LAND DISPOSAL PROVIDE A STRONG BASIC FORCE BEHIND RESOURCE RECOVERY. WITH A WELL COORDINATTED FEDERAL EFFORT TO GUIDE RESOURCE RECOVERY IMPLEMENTATION THROUGH THIS CURRENT PERIOD OF LEARNING AND OPPORTUNITY, RESOURCE RECOVERY COULD ACCOUNT FOR 20 TO 25 PERCENT OF OUR MUNICIPAL WASTE GENERATION IN THE LATTER PART OF THE 80'S, AND WILL BE WELL ON THE WAY TO BECOMING THE DOMINANT WASTE MANAGEMENT APPROACH.

EPA PROGRAM

THE OBJECTIVE OF EPA'S RESOURCE RECOVERY PROGRAM IS TO PROVIDE A BROAD RANGE OF TECHNICAL AND FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS TO ASSIST THEM IN SUCCESSFULLY PLANNING AND DEVELOPING RESOURCE RECOVERY PROJECTS. THE PROGRAM ADDRESSES THE KEY BARRIERS TO IMPLEMENTATION WHICH EXIST TODAY. THE MAJOR ACTIVITIES INCLUDED IN THIS PROGRAM ARE SUMMARIZED BELOW:

URBAN POLICY PROGRAM. LOCALFINANCIAL ASSISTANCE IS PROVIDED FOR PLANNING AND DEVELOPMENT OF RESOURCE RECOVERY PROJECTS. ($15 MILLION IN '79; $13.9 REQUESTED IN '80). SIXTY-EIGHT COMMUNITIES HAVE RECENTLY BEEN SELECTED FOR FUNDING IN FY 79.

TECHNICAL ASSISTANCE PANELS. TEAMS OF EXPERTS PROVIDE SPECIALIZED PROBLEM SOLIVNG ASSISTANCE ON REQUEST TO STATE AND LOCAL GOVERNMENTS WITHOUT CHARGE. $1.8 MILLION IS AVAILABLE IN FY 79 FOR CONSULTING ASSISTANCE; PEER MATCHING IS AVAILABLE THROUGH EPA GRANTS TO PUBLIC INTEREST GROUPS, ($400K IN FY 79); EPA STAFF ALSO PARTICIPATES.

RESOURCE RECOVERY SEMINARS. TWO-DAY RESOURCE RECOVERY IMPLEMENTATIO SEMINAR IS PRESENTED BY EPA STAFF ON THE STATUS OF RESOURCE RECOVERY TECHNOLOGY, MARKETS, AND INSTITUTIONAL ISSUES. PRESENTED IN 12 LOCATIONS TO DATE WITH OUTSTANDING RESPONSE.

A ONE-DAY SOURCE SEPARATION WORKSHOP ON ALTERNATIVES AND IMPLEMENTATION PROCEDURES HAS BEEN PRESENTED IN THREE LOCATIONS TO DATE, AND SEVERAL MORE ARE PLANNED.

RESOURCE RECOVERY EVALUATIONS. TECHNICAL, ECONOMIC, AND ENVIRONMENTAL PERFORMANCE ASSESSMENTS ARE PERFORMED ON COMMERCIALLY OPERATING SYSTEMS TO PROVIDE INFORMATION TO LOCAL DECISION-MAKERS. SEVEN EVALUATIONS HAVE BEEN COMPLETED, 7-9 MORE ARE UNDERWAY OR PLANNED. OVER $4 MILLION INVESTED TO DATE; ABOUT $400,000 IN FY 79.

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STATE PLANNING. FINANCIAL SUPPORT IS PROVIDED FOR DEVELOPMENT OF STATE PLANS INCLUDING RESOURCE RECOVERY PLANNING. PLANNING ALSO REQUIRES STATES TO REMOVE KEY LEGAL BARRIERS TO RESOURCE RECOVERY PROCUREMENT. FUNDING IS PART OF $11 MILLION IN OTHER-THAN-HAZARDOUS STATE PLANNING SUPPORT IN FY 79.

TECHNICAL INFORMATION AND GUIDANCE. THIS INCLUDES PUBLISHED REPORTS ON DEMOS, EVALUATIONS, SURVEYS, AND STUDIES AND GUIDANCE DOCUMENTS TO LOCAL DECISION-MAKERS ON RESOURCE RECOVERY IMPLEMENTATION.

EPA'S ACTIVITIES ALSO INCLUDE A SIGNIFICANT RESEARCH AND DEVELOPMENT EFFORT.

RELATIONSHIP TO OTHER FEDERAL AGENCIES

EPA, WITH LONG STANDING AND CLEARLY ESTABLISHED TIES TO STATE AND LOCAL GOVERNMENTS, AND OVER 10 YEARS OF RESOURCE RECOVERY EXPERIENCE, IS THE LOGICAL FOCAL POINT OF THE FEDERAL RESOURCE RECOVERY EFFORT. EPA'S PROGRAM HAS BEEN DEVELOPED WITH THE UNDERSTANDING THAT TWO OTHER AGENCIES, THE DEPARTMENTS OF ENERGY AND COMMERCE, ALSO HAVE SIGNIFICANT RESPONSIBILITIES.

THE IMPORTANT ROLE OF CONTINUED TECHNOLOGY DEMONSTRATION IS NOW BEING HANDLED PRIMARILY BY THE DEPARTMENT OF ENERGY. THIS INCLUDES FULL SCALE COMMERCIAL PROTOTYPES WHERE RISKS MAY DICTATE FEDERAL FINANCIAL SUPPORT. THE ROLE OF MARKET ANALYSIS AND DEVELOPMENT, PARTICULARLY FOR RECOVERED MATERIALS, NOW RESIDES PRIMARILY WITH THE DEPARTMENT OF COMMERCE, ALTHOUGH EPA MAINTAINS MARKET EXPERTISE FOR SUPPORT OF TECHNICAL ASSISTANCE. THESE THREE PROGRAMS ADDRESS THE KEY FACTORS WHICH WILL INFLUENCE THE FUTURE OF RESOURCE RECOVERY IN THIS COUNTRY.

EPA IS CURRENTLY TAKING THE LEAD IN COORDINATING THOSE ACTIVITIES INTO A WELL INTEGRATED FEDERAL PROGRAM. INTER-AGENCY AGREEMENTS WITH BOTH AGENCIES HAVE BEEN SIGNED. EPA IS IN THE PROCESS OF ORGANIZING AN INTERAGENCY COMMITTEE WHICH WILL INCLUDE PRINCIPALLY THE DEPARTMENT OF COMMERCE AND THE DEPARTMENT OF ENERGY AND ALSO OTHER DEPARTMENTS AND AGENCIES WITH AN INTEREST IN RESOURCE RECOVERY. THIS COMMITTEE WILL HAVE AS A PRIMARY TASK THE DEVELOPMENT OF A WELL INTEGRATED PLAN FOR THE COORDINATED IMPLEMENTATION OF ALL FEDERAL RESOURCE RECOVERY PROGRAMS.

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MR. MADIGAN. I WOULD ALSO LIKE TO SUGGEST THAT THERE BE SOME INTERAGENCY ACTIVITY WITHIN THE EPA SO THAT YOU WILL BE BETTER EQUIPPED TO MAKE A JUDGMENT AS TO WHETHER OR NOT THE 1977 CLEAN AIR ACT AMENDMENTS ARE GOING TO HAVE THE FULL POTENTIAL OF SHUTTING THIS TECHNOLOGY DOWN BEFORE IT REALLY GETS OFF THE GROUND.

MR. PLEHN. I AM SURE IT WILL NOT HAVE THAT EFFECT, MR. MADIGAN, BECAUSE OF THE GUIDANCE WHICH I DESCRIBED. AND AS I SAY, IF I COULD I WOULD LIKE TO GET SOMETHING TO YOU FOR THE RECORD THAT WOULD EXPLAIN HOW THAT IS THE CASE.

MR. MADIGAN. DO YOU THINK WE SHOULD HAVE A FEDERAL LAW THAT REQUIRES THAT THE STATE IMPLEMENTATION PLANS ALLOW THE LOCATION OF AT LEAST ONE OF THESE PLANTS IN EACH STATE?

MR. PLEHN. I REALLY WOULD NOT KNOW WHETHER THAT WOULD BE THE MECHANISM FOR DOING THAT. I WOULD HAVE TO CONSULT WITH MY COLLEAGUES AND, I THINK, HET BACK TO YOU ON THAT QUESTION.

MR. MADIGAN. YOU HAVE TOLD US WHAT YOUR ACTIVITITES HAVE BEEN AND WHAT THE ACTIVITIRES OF THE EPA HAVE BEEN, AND YOU HAVE HAD SOMETHING TO SAY AND I AM VERY GRATEFUL FOR THAT, BUT THERE IS AND HAS BEEN THE ACTIVITY YOU HAVE DESCRIBED. YOU HAVE NOT GIVEN US A WISH LIST. YOU HAVE NOT SAID ANYTHING TO THE COMMITTEE ABOUT WHAT YOU THINK MIGHT BE APPROPRIATE FOR US TO DO IN THE WAY OF ADDITIONAL PROVIDING FOR YOU TO BE ABLE TO ENGAGE IN ADDITIONAL ACTIVITY.

ARE THERE THINGS WE COULD NO TO MOVE THESE THINGS ALONG ANY QUICKER?

MR. PLEHN. OUR BASIC FEELING IS -- AND I THINK THAT THIS IS WHAT THE CHAIRMAN SAID EARLIER -- THAT THESE PLANTS CAN BE OPERATED IF THEY ARE WELL-PLANNED ON AN ECONOMIC BASIS; THAT THE PRIVATE SECTOR CAN PROVIDE THE TECHNOLOGY AND THAT THESE SYSTEMS CAN MOVE AHEAD. I THINK WE HAVE A GREAT DEAL OF HOPE AND, I THINK, CONFIDENCE THAT THE PROGRAM WHICH I JUST DESCRIBED WILL OVER THE NEXT SEVERAL YEARS MAKE A GREAT DEAL OF DIFFERENCE.

I NEGLECTED TO MENTION THAT THE PRESIDENT'S BUDGET FOR FISCAL YEAR 1980 REQUESTS AN ADDITIONAL $13,950 MILLION FOR THIS PROGRAM OF GRANTS TO COMMUNITIES TO ASSIST THEM IN PLANNING AND PROCURING THESE SYSTEMS. WE WOULD CERTAINLY HOPE THAT THOSE FUNDS WOULD BE FORTHCOMING. IN THE PRESIDENT'S MESSAGE IN WHICH HE RECOMMENDED THIS PROGRAM, HE INDICATED THAT THIS WOULD BE A 3-YEAR PROGRAM. WE FEEL STRONGLY THAT A THIRD YEAR WOULD BE DESIRABLE ALSO.

BUT I GUESS MY ANSWER WOULD BE THAT I THINK THAT AS FAR AS EPA'S PROGRAM PER SE IS CONCERNED, THAT WE HAVE NOW GOT IT, I THINK, WELL DESIGNED. I THINK WE HAVE IT UNDER OPERATION AND I THINK IT WILL BE OF MATERIAL ASSISTANCE TO THE PRIVATE SECTOR AND TO THOSE COMMUNITIES THAT WERE NOT DESPERATE TO GET RESOURCE RECOVERY TO BE SUCCESSFUL IN ACHIEVING THAT.

M. MADIGAN. I HAVE ONLY ONE MORE QUESTION AND IT IS ONLY FOR THE PURPOSE OF CLARIFYING SOMETHING IN MY MIND. YOU TALKED ABOUT THE FINANCING PROBLEMS FOR THESE PLANTS. I HAVE BEEN UNDER THE IMPRESSION SINCE WE JOINTLY SPONSORED WITH THE LIBRARY OF CONGRESS A SYMPOSIUM ON THI ACTIVITY, CALLING IN PEOPLE FROM ALL AROUND THE COUNTRY WHO HAVE HAD SOME EXPERIENCE, THAT IN ORDER FOR THESE PLANTS TO BE ECONOMICALLY FEASIBLE, YOU ARE GOING TO HAVE TO HAVE ALL OF THE WASTE COLLECTED AND PROCESSED AT THE SAME TIME.

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I UNDERSTOOD YOU TO SUGGEST THAT SOME THINGS SHOULD BE TAKEN OUT IN FRONT, AND I AM A LITTLE BIT CONFUSED BY THAT. PERHAPS I DIDN'T UNDERSTAND YOU.

MR. PLEHN. I CAN EXPLAIN THAT IN GENERAL TERMS. IF YOU LIKE, I COULD GET YOU MORE DETAILED INFORMATION. BUT BASICALLY I THINK THAT EVERYONE HAS NOW COME TO THE REALIZATION THAT ON THE ONE HAND, IT IS -- LET US TAKE PAPER -- A HIGHER VALUE PRODUCT TO TAKE NEWSPAPER AND OTHER PAPER OUT AT THE FRONT END OF A PROJECT THAN IT IS TO TURN IT INTO BTU'S AND GET ENERGY OUT OF IT. ON THE OTHER SIDE OF THE COIN, EVERYONE HAS REALIZED THAT THE TAKING OUT OF THAT PAPER DOES NOT REALLY SIGNIFICANTLY AFFECT THE ENERGY ECONOMICS OF THE PLANT AND DOES NOT PUT THE PLANT'S FINANCING IN JEOPARDY.

THE CASE EXAMPLE OF THIS IS SAUGUS, MASS., THE PLANT FATHER DDRINAN TALKED ABOUT. WHEN THEY ORIGINALLY OPENED THAT PLANT 3 OR 4 YEARS AGO, THEY INSISTED THAT ALL OF THE PARTICIPATING COMMUNITIES HAVE ORDINANCES THAT SAID NO SOURCE SEPARATION WAS ALLOWED, AND THERE WAS QUITE A STORM ABOUT THAT. BUT THE COMPANY, WHEELERBURY-FRY, HAS SINCE CONCLUDED THAT THEY DID NOT NEED TO TAKE THAT POSITION, AND IN FACT HAS REVERSED THAT DECISION AND SAID: "WE DON'T HAVE ANY PROBLEM WITH SOURCE SEPARATION. WE CAN GET ENOUGH BTU'S OUT OF THE REMAINING WASTE TO MAKE OUR ECONOMICS WORK."

I THINK THAT IS THE GENERAL PERCEPTION NOW THAT IT HELD BY EVERYONE IN THE RESOURCE RECOVERY COMMUNITY.

MR. MADIGAN. THE ONLY OTHER THING THAT FITS INTO THAT ARE THE BOTTLE BILLS. WE HAVE A BOTTLE BILL INTRODUCED IN CONGRESS. IT HAS A NUMBER OF SPONSORS AND I BELIEVE IT HAS BEEN REFERRED TO THIS SUBCOMMITTEE. DOES THE BOTTLE BILL HAVE THE POTENTIAL OF REDUCING THE ECONOMIC VIABILITY OF THESE PLANTS?

MR. PLEHN. NO, SIR. I THINK THE EFFECT WOULD BE THE OPPOSITE. I THINK IT WOULD INCREASE THE RELIABILITY OF THESE PLANTS BECAUSE, AT LEAST IN THOSE PLANTS, LET US SAY THE WATER WALL INCINERATORS IN WHICH YOU ARE INCINERATING ALL OF THE WASTE AND THEREFORE THE GLASS IS IN THAT, GLASS IS A PROBLEM IN TERMS OF CAUSING SLAGGING AND CORROSION WITHIN THE PLANT.

SO, TO THE EXTENT THAT THE AMOUNT OF GLASS IN THE WASTE BEING COMBUSTED IS REDUCED, THE RELIABILITY OF THE PLANT AND THE RISKS INVOLVED IN THE PLANT ARE REDUCED. SO I THINK THOSE ARE HIGHLY COMPATIBLE.

MR. MADIGAN. THANK YOU VERY MUCH.

MR. FLORIO. WHAT IS THE TECHNOLOGY AT SAUGUS?

MR. PLEHN. THE WATERWALL INCINERATOR, MR. CHAIRMAN.

MR. FLORIO. MR SANTINI.

MR. SANTINI. THANK YOU, MR. CHAIRMAN.

I AM CONCERNED IN THE REALM OF SUBTITLE D, STATE OR REGIONAL SOLID WASTE PLANS. A PARTICULAR PROBLEM HAS ARISEN IN RURAL AREAS OF NEVADA AS THE STATE MOVES FORWARD TO PROMULGATE ITS PLAN WITH REGARD TO THE COST OF SOLID WASTE DISPOSAL OR THE ELIMINATION OF OPEN LAND DUMP SITES. THERE IS ALSO A VERY SIGNIFICANT ECONOMIC REALITY IMPOSED ON SOME OF THESE SMALL POPULATION, LARGE LAND MASS COUNTIES COMPOSED OF ONLY 2 OR 3 PERCENT PRIVATE LAND OUT OF THOUSANDS OF THOUSANDS OF ACRES.

THEY HAVE VERY LITTLE IN THE WAY OF A TAX BASE ON WHICH TO OPERATE.

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THEY HAVE BEEN NICKEL AND DIMING IT FOR HUNDREDS OF YEARS, AND THEY ARE TOLD WITHIN THE NEXT 5 YEARS THEY HAVE TO COME UP WITH $250,000 TO ELIMINATE AN OPEN DUMP SITE.

THAT PHASE OF THE LAW ALSO DOES NOT MAKE THE SIGNIFICANT PROVISION FOR ECONOMIC ASSISTANCE, AND THEREFORE THE SAMLLER COUNTIES, THE SMALLER RURAL COUNTIES, FUND THEMSELVES BETWIXT AND BETWEEN. THERE ARE VERY FEW PEOPLE WHO RUN FOR CITY COUNCIL THERE ADVOCATING OPEN DUMP SITES, BUT ON THE OTHER HAND, THEY ARE FACED WITH A VERY SUBSTANTIAL ECONOMIC REALITY. WE WOULD JUST AS SOON PUT IT UNDERGROUND TOO, BUT WHO IS GOING TO PAY FOR IT?

WE ARE LUCKY TO GET OUR SEWERS IN, LET ALONE THE ECONOMIC CIRCUMSTANCE OF ELIMINATING THE DUMP SITES FOR A QUARTER OF A MILLION DOLLARS, WHICH WAS THE PROPOSAL 2 YEARS AGO IN ONE OF THE RURAL COUNTIES WITH A 6,000-PEIPLE POPULATION BASE AND 2-PERCENT PRIVATE LAND FROM WHICH TO GENERATE FUNDS TO PERFORM PUBLIC FUNCTIONS. I SOULD APPRECIATE YOUR THOUGHT OR COMMENT ON THAT PROBLEM.

MR. PLEHN. WELL, MR. SANTINI, I THINK YOU ARE ABSOLUTELY CORRECT IN SAYING THAT FOR SMALL, RURAL COMMUNITIES WITH A LIMITED TAX BASE, THAT PROVISION OF SOLID WASTE SERVICES THAT REALLY MEET ALL ENVIRONMENTAL STANDARDS TENDS TO BE A DIFFICULT THING ECONOMICALLY. AS YOU PROBABLY ARE AWARE, SECTION 4009 OF THE RESOURCE CONSERVATION RECOVERY ACT AUTHORIZED GRANT ASSISTANCE TO RURAL COMMUNITIES.

WE HAVE NOT, WITHIN THE FUNDING THAT HAS BEEN AVAILABLE TO US, IN RELATIONSHIP TO THE OTHER RESPONSIBILITIES ASSIGNED TO US IN THAT ACT, BEEN ABLE TO RECOMMEND FUNDING UNDER THAT SECTION OF THE ACT. I AM AWARE THAT THERE IS SOME FINANCIAL ASSISTANCE AVAILABLE FROM OTHER PARTS OF THE FEDERAL GOVERNMENT, AND I WILL BE GLAD TO SUMBIT FOR THE RECORD WHERE THAT ASSISTANCE IS AVAILABLE, THE FARMERS HOME ADMINISTRATION AND THE ECONOMIC DEVELOPMENT ADMINISTRATION AND SOME OTHER ORGANIZATIONS.

BUT WE HAVE NOT BEEN, AS I SAY, ABLE TO ASSIGN PRIORITIES SUFFICIENT TO RECOMMEND FUNDING FOR THAT SECTION.

MR. SANTINI. HAS ANY MONEY BEEN EITHER AUTHORIZED OR APPROPRIATED UNDER SECTION 4009?

MR. PLEHN. NO, SIR.

MR. SANTINI. SO WE HAVE THE VERY FRUSTRATING CATCH-22 SITUATION, AT LEAST IN THE RURAL CONSTITUENCY, THAT THEY ARE MANDATED TO DO SOMETHING THAT THEY DON'T HAVE THE MONEY TO DO. AND THEY THE TURN AND DIRECT THEIR PLEA FOR RELIEF TO THEIR DEDICATED CONGRESSMEN. AND YOUR SUGGESTION TO ME IN TERMS OF RESPONSE IS THAT THERE ARE OTHER SOURCES OF FUNDING AVAILABLE TO THEM?

MR. PLEHN. ONE FORM OF ASSISTANCE THAT IS AVAILABLE TO THEM DURRENTLY IS UNDER RCRA, UNDER OUR PROGRAM, IS TECHNICAL ASSISTANCE UNDER THE TECHNICAL ASSISTANCE PANELS PROGRAM. I KNOW OF A NUMBER OF SPECIFIC RURAL COUNTIES WHERE THAT KIND OF ASSISTANCE HAS BEEN PROVIDED AND WHERE I UNDERSTAND IT HAS BEEN HELPFUL.

I WOULD ENCOURAGE ANY OF YOUR COMMUNITIES WHO THINK THEY NEED HELP TO CONTACT OUR REGIONAL OFFICE IN SAN FRANCISCO AND TALK TO THEM ABOUT WHAT KIND OF HELP UNDER THAT PROGRAM MIGHT BE AVAILABLE TO THEM.

MR. SANTINI. MR. CHAIRMAN, I MOVE BY UNANIMOUS CONSENT THAT A SPECIFICATION OF OTHER POSSIBLE AREAS OF FINANCIAL ASSISTANCE TO RURAL COUNTIES OR MUNICIPALITIES BE INCLUDED AT THIS POINT IN THE RECORD.

MR. FLORIO. WITHOUT OBJECTION, WE WOULD BE HAPPY TO RECEIVE FROM YOU YOUR SUGGESTIONS.

(THE FOLLOWING MATERIAL WAS RECEIVED FOR THE RECORD:)

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HONORABLE JAMES J. FLORIO CHAIRMAN SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE HOUSE OF REPRESENTATIVES WASHINGTON, D.C. 20515

THIS IS IN RESPONSE TO CONGRESSMAN SANTINI'S REQUEST FOR INFORMATION AT THE HEARING ON WEDNESDAY REGARDING FEDERAL FINANCIAL ASSISTANCE TO RURAL AREAS FOR SOLID WASTE MANAGEMENT.

THE FARMERS HOME ADMINISTRATION IS CURRENTLY MAKING GRANTS OR GUARANTEEING LOANS TO RURAL AREAS FOR SOLID WASTE TYPE PROJECTS. FHA HAS TWO PROGRAMS UNDER WHICH RURAL COMMUNITIES ARE ELIGIBLE FOR FINANCIAL ASSISTANCE.

THE FIRST IS THE COMMUNITY FACILITIES LOAN PROGRAM WHICH IS A $250 MILLION ANNUAL PROGRAM. BASED ON THE BEST ESTIMATES OF FHA PERSONNEL, ABOUT ONE MILLION DOLLARS OF THE AVAILABLE FUNDS ARE USED FOR LOANS FOR SOLID WASTE EQUIPMENT AND FACILITIES IN RURAL AREAS.

THE SECOND FHA PROGRAM IS THE WATER AND WASTE DISPOSAL PROGRAM.

THIS PROGRAM HAD A FY 1977 BUDGET OF $197 MILLION FOR

GUARANTEED LOANS AND $82 MILLION FOR GRANTS. IN FY 1977 FHA MADE

ONE GRANT FOR $30,000 AND THREE GUARANTEED LOAN GRANTS FOR

$362,000 IN THE SOLID WASTE AREAS.

IN AN ATTEMPT TO ANSWER YOUR REQUEST, WE INVESTIGATED ALL OTHER KNOWN SOURCES OF FEDERAL FINANCIAL ASSISTANCE IN SOLID WASTE.

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FOLLOWING IS A LIST OF OTHER FEDERAL ASSISTANCE PROGRAMS WHICH WE CONTACTED CONCERNING POSSIBLE HELP TO RURAL AREAS. ALTHOUGH NONE OF THE PORGRAMS SPECIFICALLY MENTION SOLID WASTE PLANNING, COLLECTION, PROCESSING OR DISPOSAL, THE OBJECTIVES AND USES OF THE PROGRAM MAKE SOLID WASTE PROJECTS ELIGIBLE FOR FEDERAL ASSISTANCE FROM THESE SOURCES. THE FEDERAL DOMESTIC ASSISTANCE CATALOGUE PROVIDES MORE INFORMATION ON THESE PROGRAMS; THE CATALOGUE NUMBER FOLLOWS EACH PROGRAM TITLE.

HUD COMMUNITY PLANNING AND DEVELOPMENT GRANTS (14,203)

OBJECTIVES: TO ASSIST IN THE CONSTRUCTION OF PUBLIC FACILITIES NEEDED TO ENCOURAGE LONG TERM ECONOMIC GROWTH IN AREAS WHERE ECONOMIC GROWTH IS LAGGING BEHIND THE REST OF THE NATION.

APPALACHIAN REGIONAL COMMISSION -- COMMUNITY DEVELOPMENT GRANTS (23,002)

OBJECTIVES: TO MEET BASIC NEEDS OF LOCAL AREAS AND ASSIST IN PROVIDING COMMUNITY DEVELOPMENT OPPORTUNITIES BY FUNDING SUCH FACILITIES AS WATER AND SEWER SYSTEMS, SEWAGE TREATMENT, INDUSTRIAL SITES AND OTHER COMMUNITY DEVELOPMENT FACILITIES.

ECONOMIC DEVELOPMENT ADMINISTRATION -- GRANTS AND LOANS FOR PUBLIC WORKS AND DEVELOPMENT FACILITIES (11,300)

OBJECTIVES: TO ASSIST IN THE CONSTRUCTION OF PUBLIC FACILITIES NEEDED TO INITIATE AND ENCOURAGE LONG TERM GROWTH IN GEOGRAPHIC AREAS WHERE ECONOMIC GROWTH IS LAGGING.

ENVIRONMENTAL PROTECTION AGENCY -- 208 STATE AND AREAWIDE WATER QUALITY MANACEMENT PLANNING (66,426)

OBJECTIVES: TO ENCOURAGE AND FACILITATE THE DEVELOPMENT AND IMPLEMENTATION OF WATER QUALITY MANAGEMENT PLANS BY AREAWIDE AGENCIES AND BY THE STATE IN NON-DESIGNATED PLANNING AREAS. A KEY FEATURE OF THIS PORGRAM, NOT STATED IN THE CATALOGUE, IS THAT SOLID WASTE IS CONSIDERED A "RESIDUAL" IMPACTING ON WATER SUPPLIES AND ABOUT 20 PERCENT OF THE FUNDING IS TO BE SPENT ON "RESIDUALS" SUCH AS AGRICULTURAL, MINING AND OTHER SOLID WASTES.

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COASTAL ENERGY IMPACT PROGRAM -- ENVIRONMENTAL GRANTS (11.424)

OBJECTIVES: TO HELP STATES AND LOCAL GOVERMENTS PREVENT, REDUCE

OR AMELIORATE UNAVOIDABLE LOSS OF VALUABLE ENVIRONMENTAL OR

RECREATIONAL RESOURCES RESULTING FROM COASTAL ENERGY ACTIVITY.

THE GENERATION OF NEW WASTES OR INFLUX OF POPULATION FOR DEVELOPING

NEW OR EXPANDED ENERGY SOURCES WOULD MAKE SOLID WASTE PROJECTS

IN THESE AREAS ELIGIBLE FOR FEDERAL ASSISTANCE.

FARMERS HOME ADMINISTRATION -- IN ADDITION TO THE TWO PREVIOUSLY MENTIONED PROGRAMS ALREADY FUNDING RURAL SOLID WASTE PROJECTS, A THIRD FHA PROGRAM IS THE BUSINESS AND INDUSTRIAL LOAN PROGRAM (10.422)

OBJECTIVES: TO ASSIST PUBLIC, PRIVATE OR COOPERATIVE ORGANIZATIONS . . .INDIAN TRIBES OR INDIVIDUALS IN RURAL AREAS TO OBTAIN QUALITY LOANS FOR THE PURPOSE OF . . . IMPORVING THE ECONOMIC AND ENVIRONMENTAL CLIMATE IN RURAL COMMUNITIES INCLUDING POLLUTION ABATEMENT AND CONTROLS.

I HOPE THIS INFORMATION IS HELPFUL TO YOU.

CC: HONORABLE JIM SANTINI HOUSE OF REPRESENTATIVES

HONORABLE EDWARD R. MADIGAN HOUSE OF REPRESENTATIVES

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MR. SANTINI. AND WOULD YOU BE KIND ENOUGH, MR. PLEHN, TO SEND ME A COPY OF THAT AS WELL?

MR. PLEHN. YES, SIR.

MR. SANTINI. IS THERE ANY CONSIDERATION WITHIN EPA TO MODERATE THE MANDATE, EITHER IN TERMS OF TIMETABLES OR CONTENTS, AS IT APPLIES TO OR AFFECTS THOSE RURAL COUNTIES THAT SIMPLY DO NOT HAVE THE FINANCIAL RESOURCES TO IMPLEMENT THE MANDATE OF THE RULE, REGULATION OR LAW?

MR. PLEHN. THE SUBTITLE D PROGRAM, MR. SANTINI, WHICH IS THE PROGRAM DIRECTED AT OTHER THAN HAZARDOUS WASTES, IS A BASICALLY STATE AND LOCAL PROGRAM. THE FEDERAL ROLE IN THAT AREA IS A LIMITED ONE. WE ARE DIRECTED BY THE LAW TO DEVELOP CRITERIA DEFINING SOUND LAND DISPOSAL AS OPPOSED TO OPEN DUMPS. WE ARE DIRECTED TO CONDUCT AN INVENTORY, WHICH WE WILL BE DOING THROUGH THE STATE GOVERNMENTS, OF EXISTING DISPOSAL SITES TO DETERMINE WHETHER THEY COMPLY OR WHETHER THEY DO NOT.

WE ARE DIRECTED TO HELP THE STATE DEVELOP A STATE PLAN AND EXPAND ITS REGULATORY POWERS TO DEAL WITH ALL OF THE OTHER THAN HAZARDOUS WASTE STREAMS IN THE STATES. SO I SAY THE BASIC DECISIONS ABOUT THE PACING OF THE INVENTORY, LET'S SAY, IN YOUR STATE OR OTHER STATES, AND DECISIONS ABOUT HOW TO PROCEED AS A RESULT OF THAT INVENTORY, WILL REST HEAVILY AT THE STATE LEVEL RATHER THAN WITH EPA ITSELF.

MR. SANTINI. WELL, UNFORTUNATELY, THE PROBLEM AS IT IS TRANSLATED BACK TO ME IN THE FORM OF EXASPERATED CITY COUNCILMEN OR COUNTY COMMISSIONERS IS SUGGESTED TO BE ONE OF FEDERAL ORIGIN RATHER THAN STATE ORIGIN. PERHAPS IT IS A CLASSIC GOVERNMENTAL BUCKPASSING.

MR. PLEHN. NO. I CAN UNDERSTAND HOW THAT WOULD BE THE PERCEPTION BECAUSE WE DO HAVE THIS ASSIGNMENT TO DEVELOP THESE CRITERIA AND THEY WILL PROBABLY IDENTIFY AN LOT OF FACILITIES THAT ARE PRESENTLY BEING OPERATED IN RURAL COUNTIES AS BEING OPEN DUMPS. I THINK THAT WILL BE THE RESULT FOR THE REASONS YOU DESCRIBED EARLIER.

MR. SANTINI. DO YOU HAVE ANY OTHER SUGGESTIONS TO HELP RETRIEVE MY RURAL COUNTY COMMISSIONERS AND CITY COUNCILMEN FROM THIS DAMNABLE DILEMMA?

MR. PLEHN. I THINK THE ONLY OTHER POINT I COULD MAKE IS THAT OUR GENERAL FEELING IS THAT THE SOLUTION TO THE FINANCING OF BOTH THE SOLID WASTE MANAGEMENT PROGRAMS AT STATE AND REGIONAL LEVEL, AND PERHAPS AT LEAST THE DESIGNING OF THE SOLUTION OF THOSE PROPOSALS TO THOSE PROBLEMS SHOULD BE INCREASINGLY BASED ON USER CHARGES ASSESSED AT THE STATE LEVEL.

ACCORDING TO THE COUNCIL ON ENVIRONMENTAL QUALITY, WE ARE PRESENTLY SPENDING IN THIS SOCIETY OVER $8 BILLION PER YEAR FOR THE MANAGEMENT OF OTHER THAN HAZARDOUS WASTE, AND WE FEEL IT IS APPROPRIATE AND DESIRABLE THAT MANY STATES FOLLOW THE EXAMPLE OF SIX OR EIGHT, OF WHICH NEW JERSEY IS ONE, WHICH IN EFFECT PUTS A SMALL TAX ON THAT VOLUME OF EXPENDITURES IN ORDER TO GENERATE THE FUNDS NEEDED TO IMPROVE THE LEVEL OF SOLID WASTE MANAGEMENT IN THEIR STATES.

NOW, WHETHER THAT IS A DESIRABLE OR FEASIBLE COURSE FOR THE STATE OF NEVADA, I DON'T KNOW. BUT WE ARE ENDEAVORING TO STUDY THOSE STATES WHICH HAVE THESE SYSTEMS AND DEVELOP TECHNICAL INFORMATION AND ASSISTANCE SO THAT WE CAN WORK WITH ALL OF THE OTHER STATES TO SEE IF MAYBE THAT ISN'T A GOOD SOLUTION TO THEIR FINANCING PROBLEMS.

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MR. SANTINI. I THINK THE PROBLEM HAS TWO DIMENSIONS TO IT, AND I HOPE YOUR STUDY WILL ENCOMPASS THESE CONSIDERATIONS. ON THE ONE HAND, IF YOU ARE DEALING WITH AN URBAN POPULATION. I THINK THAT APPEARS IMMINENTLY REASONABLE. AND YOU HAVE IN MOST URBAN SITUATIONS, I THINK, A POPULACE WHICH IS MORE RECEPTIVE TO INCREASED TAXATION BECAUSE THEY HAVE BEEN CONDITIONED OVER THE YEARS THAT THAT IS A WAY OF LIFE.

BUT IN THE RURAL AREAS, PARTICULARLY THOSE OF SMALL POPULATION AND LIMITED RESOURCE SITUATIONS, AN INCREASE OF A DUMPING FEE OR GARBAGE COLLECTION FEE FROM $5 TO $15 BECOMES A MATTER ON WHICH ALL MEMBERS OF THE EXISTING COUNTY COMMISSION ARE BROUGHT OUT OF OFFICE. IT IS REPRESENTATIVE, IF YOU WILL, OF NEW TAXATION, IN WHATEVER FORM OR SHAPE IT ASSUMES. FOR THOSE WHO SEEK ELECTIVE OFFICE AND HAVE BEEN SUCCESSFUL IN OBTAINING IT, IT DOES NOT REPRESENT A RATIONAL SOLUTION UNLESS THEY ARE ANXIOUS TO LEAVE ELECTIVE OFFICE AND RETURN TO THE PRIVATE SECTOR.

MR. PLEHN. I UNDERSTAND THAT, THE ONLY POINT I WOULD ADD TO THAT IS THAT WHEN WE ARE TALKING ABOUT THIS, WE ARE NOT ONLY TALKING ABOUT MUNICIPAL WASTE GENERATED BY HOUSEHOLDS AND HANDLED BY MUNICIPALITIES. WE ARE ALSO TALKING ABOUT INDUSTRIAL WASTES WHICH ARE OTHER THAN HAZARDOUS.

I THINK THAT PROVIDES BOTH A RESPONSBILITY, AS DEFINED IN RCRA, THAT THOSE WASTES INCREASINGLY WILL HAVE TO BE REGULATED TO PORTECT THE PUBLIC HEALTH AND ENVIRONMENT, AND AN OPPORTUNITY TO RAISE REVENUES TO SUPPORT SOME OF THESE OTHER PROGRAMS.

MR. SANTINI. UNLESS WE WERE TO TAX THE COWS, I THING WE WOULD LOSE IN THAT RESPECT.

THANK YOU, MR. CHAIRMAN.

MR. FLORIO. MR. PLEHN, YOU HAVE HEARD THE CONVERSATION WITH RESPRESENTATIVES OF THE DEPARTMENT OF COMMERCE WITH REGARD TO THE PROCUREMENT AND RECYCLING POLICY AND THE APPARENT FAILURE TO COME FORWARD WITH ANY SUBSTANTIAL NEW CHANGE IN GOVERNMENTAL POLICY WHICH WOULD ENCOURAGE THE USE BY THE FEDERAL GOVERNMET OF RECYCLED MATERIALS. WOULD YOU RESPOND?

MR. PLEHN. YES, SIR. UNDER SECTION 6002 OF RCRA, THE CONGRESS DIRECTED A NUMBER OF THINGS. THEY FIRST SAID, TO AGENCIES THAT BUY FOR THE GOVERNMENT, WE WANT YOU TO, ONE, REMOVE ANY BIASES THAT YOU MAY HAVE IN YOUR SPECIFICATIONS AGAINST VIRGIN MATERIALS. WE WANT YOU TO, SECOND, CHANGE YOUR SPECIFICATIONS SO THAT THEY WILL PERMIT YOU TO PROCURE THE MAXIMUM PRACTICABLE AMOUNT OF GOODS CONTAINING RECOVERED MATERIALS, PROVIDING IT IS CONSISTENT WITH EFFICIENT PROCUREMENT AND ADEQUATE COMPETITION AND SOME OTHER THINGS OF THIS SORT.

AND THEN YOU DIRECTED US TO DEVELOP GUIDELINES.

MR. FLORIO. "US" BEING EPA?

MR. PLEHN. EPA. TO BE USED BY THESE PROCUREMENT OFFICIALS AS THEY UNDERTOOK THIS PROCUREMENT.

NOW, I THINK ONE OF THE PROBLEMS IN THE ACT IS THAT YOU LAID THIS PROBLEM ON THE PROCURING OFFICIALS TO COMPLETE IT BY THIS LAST FALL, AND THAT WAS AT THE SAME TIME THAT WE WERE DOING THE INITIAL WORK ON DEVELOPING THE GUIDELINES WHICH PRESUMABLY THESE PRODUREMENT AGENCIES WOULD HAVE USED. SO THAT THERE HAVE BEEN SOME PROBLEMS IN THE IMPLEMENTATION OF THAT SECTION.

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MR. FLORIO. WHY DIDN'T THE DEVELOPMENT OF GUIDELINES FROM EPA GO FORWARD MUCH MORE EXPEDITIOUSLY? SINCE WE KNEW THE AGENCIES HAD TO BE ON LINE BY A PARTICULAR TIME, AND ONE WOULD ASSUME THAT THE GUIDELINES WOULD BE HELPFUL TO THEM, DON'T YOU THINK IT MIGHT HAVE BEEN DESIRABLE FOR EPA TO HAVE PROVIDED THE GUIDELINES EARLIER ON SO THAT THE AGENCIES COULD ABIDE BY THE LAW?

MR. PLEHN. YES, SIR. I THINK THAT WOULD HAVE BEEN DESIRABLE. WE HAVE BEEN WORKING AHEAD ON THIS. WE HAVE HAD CONTRACTS IN WHICH WE HAVE DEVELOPED INFORMATION, AND WE ARE IN THAT POSITION WITHIN THE NEXT SEVERAL MONTS TO ISSUE A NUMBER OF THESE GUIDELINES IN PROPOSED FORM FOR THE REACTIONS BOTH OF THE PROCUREMENT COMMUNITY AND OF THE SUPPLIER COMMUNITY.

OUT INTIIAL EFFORTS ARE CONCENTRATING ON PAPER, ON THE USE OF FLY ASH IN CONCRETE, ON THE USE OF SLUDGE AS A SOIL CONDITIONER, AND ON THE USE OF RECOVERED MATERIALS TO MEET OTHER CONSTRUCTION SPEDIVICATION. BASICALLY WHAT WE HAVE DONE IS TO LOOK AT WHAT THE GOVERNMENT BUYS AND LOOK AT WHAT IS IN THE WASTE STREAM WHICH IS RECOVERABLE, AND TRY TO HONE IN ON THOSE AREAS WHERE THE GOVERNMENT'S SPECIFICATIONS CAN HAVE THE MAXIMUM IMPACT IN REDUCING THE WASTE STREAM.

ALL I CAN SAY IS WE ARE MOVING FORWARD WITH THAT AS RAPIDLY AS WE HAVE BEEN ABLE TO. WE HAVE ALSO PREPARED AN AMENDMENT WHICH IS NOW IN REVIEW WITHIN THE EXECUTIVE BRANCH, A PROPOSED AMENDMENT, WHICH WOULD ATTEMPT TO BETTER DEFINE THE RELATIONSHIP OF THE ACTIONS OF THE PROCUREMENT OFFICIALS AND OUR WORK UNDER THE GUIDELINES SO THAT THE PROCUREMENT OFFICIALS COULD REALLY -- WE COULD DO ALL THE DETAILED ANALYTICAL WORK AND THEN MAKE IT AVAILABLE TO THEM, AND THEY COULD TAKE THEIR GUIDANCE FROM THE GUIDELINES AND PROCEED TO UNDERTAKE THE TASK.

BUT AS I SAY, WE DO HAVE SOME IDEAS HOW WE THINK THAT 6002 CAN BE SLIGHTLY MODIFIED IN ORDER TO MAKE THAT WHOLE EFFORT MORE EFFECTIVE.

MR. FLORIO. YOUR RESPONSE BRINGS OUT ANOTHER PROBLEM. I THINK THE BOTTOM LINE OF WHAT YOU JUST SAID IS THAT YOU DID NOT HAVE THE TIME TO GET THE GUIDELINES PUT TOGETHER PRIOR TO WHEN THE AGENCIES WERE TO INCORPORATE NEW PROCEDURES TO ENCOURAGE THE PURCHASING OF RECYCLED MATERIALS. IT IS A LEGITIMATE RESPONSE, AND I KNOW YOU ARE INVOLVED IN ALOT OF OTHER TINKGS.

THE PRIMARY EMPHASIS HAS BEEN ON HAZARDOUS WASTE, WHICH WAS APPROPRIATE, AND IF THAT IS THE CASE, AND IF YOU AGREE WITH THE THOUGHT THAT THE PRIVATE SECTOR SHOULD PLAY A VERY IMPORTANT ROLE IN SOLID WASTE AND RESOURCE RECOVERY, HAVE YOU GOT THE EXPERTISE OR THE TIME TO BECOME INVOLVED WITH PROMOTIONAL ACTIVITIES? CAN YOU ALSO DEVELOP SOME OF THESE GUIDELINES OR PROCUREMENT POLICIES THAT ARE NECESSARY IN ORDER TO GO FORWARD AND COORDINATE, AS WE TALKED ABOUT THIS MORNING, ALL OF THE GOVERNMENTAL ACTIVITES NEEDED TO EMPHASIZE SOLID WASTE AS A RESOURCE RECOVERY MECHANISM.

MR. PLEHN. YES, WE BELIEVE WE DO, MR. CHAIRMAN.

MR. FLORIO. IT REALLY HASN'T BEEN THAT GOOD TO THIS POINT. I WANT TO PUBLICLY STATE THAT I THINK YOU ARE DOING A FINE JOB IN THE EAREA OF HAZARDOUS WASTES. THERE HAVE BEEN SOME DELAYS, BUT I AM CONVINCED THE MAJOR THRUST OF WHAT YOU ARE DOING NOW IS A VERY GOOD AND IMPORTANT ONE, PERHAPS THE MOST IMPORTANT THING THAT YOU ARE DOING.

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BUT I REALLY AM CONCERNED ABOUT YOUR BEING SPREAD ALL OVER THE PLACE AND NOT BEING ABLE TO GIVE THE IMPORTANCE TO THIS AREA THAT PERHAPS YOU SHOULD.

MR. PLEHN. I THINK OUR BASIC FEELING, MR. CHAIRMAN, IS THAT WHEN YOU TALK ABOUT THE RECOVERY OF ENERGY OR MATERIALS FROM WASTE, YOU HAVE TO RECOGNIZE THAT THE PRIMARY INITIATING ACTOR HAS TO BE THAT COMMUNITY OUT THERE THAT HAS THE GARBAGE AND HAS TO MANAGE IT, AND THAT COMMUNITIES GET INTO RESOURCE RECOVERY.

GRANTED, A LOT OF PEOPLE, INCLUDING ALL OF US IN THIS ROOM, WANT TO RECOVER ALL OF THE RESOURCES WE CAN FROM WASTE, BUT THEY GET INTO IT AS A PART OF THE PROCESS OF THEIR SOLID WASTE MANAGEMENT. I THINK THERE IS AN IMPORTANT ROLE FOR THE DEPARTMENT OF COMMERCE HERE IN TERMS OF THE DEVELOPMENT OF THESE SPECIFICATIONS WHICH WOULD IMPROVE THE DIALOG BETWEEN THE PLANT THAT PRODUCES MATERIALS AND THE POTENTIAL CONSUMERS.

I THINK THAT THERE IS AN IMPORTANT ROLE FOR THE DEPARTMENT OF ENERGY WITH THEIR ENERGY ORIENTATION, AND PARTICULARLY, AS I SAID, BECAUSE OF THEIR ABILITY TO SECURE RESOURCES TO MOVE FORWARD THE ADVANCEMENT OF TECHNOLOTY IN THIS AREA. BUT I THINK THAT IT IS CRITICAL TO EPA'S ROLE AS BEING RESPONSIBLE FOR THE OVERALL MANAGEMENT OF SOLID WASTE TO PROTECT THE HEALTH AND ENVIRONMENT AND TO RECOVER THE RESOURCES, AND BECAUSE OF THE IMPORTANCE OF THE COMMUNITIES AND STATES IN BEING THE FRONT LINE FOLKS WHO ARE GOING TO IN FACT MAKE THIS HAPPEN, ALONG WITH PRIVATE ENTERPRISE, FOR THIS PROGRAM EFFORT THAT WE HAVE ORGANIZED HERE TO MOVE FORWARD.

MR. FLORIO. WELL, THERE IS A REAL QUESTION IN MY MIND AS TO WHETHER OR NOT THERE IS SOMETHING THAT HAS BEEN ORGANIZED. I WAS INTERESTED IN WHAT YOU SAID BEFORE ABOUT YOUR RECENT DEVELOPMENT OF GUIDELINES FOR THE GREATER UTILIZATION OF SLUDGE ON COMPOSTING AND FOR LAND DISPERSAL PROGRAM.

AS I HAVE INDICATED TO YOU BEFORE, A GRANT WAS GIVEN BY EPA TO THE CITY OF CAMDEN, IN MY DISTRICT, FOR CONVERTING SLUDGE INTO COMPOSTING. THE INITIAL PROBLEM WAS THAT SLUDGE COULD NOT BE DUMPED IN THE OCEAN, AND WE THEREFORE HAD A GREAT STORAGE PROBLEM. THE CITY HAD MONSTROUS WAREHOUSES OF SLUDGE.

NOW, WITHOUT APPARENTLY SUFFICIENT THOUGHT, A PROGARM NAS BEEN AUTHORIZED FOR THE TURNING OF SLUDGE INTO COMPOSTING. WE HAVE NOW FOUND THAT BECAUSE OF THE UNIQUE NATURE OF THE SLUDGE, WHICH HAS ARSENIC, CADMIUM, AND HEAVY MINERALS IN IT, THAT THE COMPOSTING CAN'T UTILIZE ON THE LAND BECAUSE IT IS STILL TO OFFENSIVE ENVIRONMENTALLY. NOW WE HAVE A PROBLEM STORING THE COMPOST THE SAME WAY WE HAD A PROBLEM STORING THE SLUDGE. NOW GUIDELINES ARE BEING DEVELOPED NOTWITHSTANDING THE FACT THAT MONEYS HAVE BEEN SPENT IN THE PAST.

LIKEWISE, TO MAKE A SPECIFIC LOCAL REFERENCE AGAIN, ONE HAND DOES NOT APPEAR TO KNOW WHAT THE OTHER HAND IS DOING. AS YOU KNOW, CANDEN COUNTY AND CAMDEN CITY WERE GRANTED THE PLANNING MONEYS FOR THE DEVELOPMENT OF AN APPROPRIATE SOLID WASTE SYSTEM. ON THE OTHER SIDE OF THE COUNTY LINE, GLOUCESTER COUNTY HAS JUST BEEN GIVEN A GRANT FOR A PARTICULAR METHODOLOGY.

THAT IS, SOLID WASTE WOULD BE COMBINED WITH SLUDGE IN ORDER TO DISPOSE OF THE PROBLEM THAT THEY HAVE IN THAT DISTRICT, NOT TAKING INTO ACCOUNT THAT IT MAY VERY WELL BE THAT THE APPROPRIATE PLANNING WILL REVEAL FOR CANDEN COUNTY THAT THE CATCHMENT AREA SHOULD NOT BE JUST CAMDEN COUNTY.

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PERHAPS IT SHOULD BE CAMDEN AND GLOUCESTER COUNTY.

YOU ARE LOCKED INTO ONE TECHNOLOGY IN ONE COUNTY WHEN YOU ARE DOING THE PLANNING IN ANOTHEF COUNTY, WHICH MAY SHOW THE MOST COST EFFECTIVE WAY OF DEALING WITH THE PROBLEM IS NOT ON A COUNTY-BY-COUNTY AREA. OF COURSE, THE OTHER STUDY WAS OUT OF DOE.

I REALLY HAVE SOME SERIOUS PROBLEMS AS TO WHETHER THERE IS A SYSTEM. YOU HAVE TALKED ABOUT BEING THE LEAD AGENCY AND HAVE EXPRESSED AN INTEREST IN MAINTAINING THAT POSITION, BUT I HAVE NOT REALLY SEEN ANY SEMBLANCE OF ORGANIZATION OR COOPERATION OVER THE LAST 3 YEARS. THE PROCUREMENT EXAMPLE WAS A FINE ONE. THE FELLOW FROM THE DEPARTMENT OF COMMERCE CAME IN AND SAID THEY GOT INVOLVED NOT TO LONG AGO, THEN SORT OF WASHES HIS HANDS OF INVOLVEMENT. THAT BEHAVIOR IS NEITHER DESIRABLE NOR IS IT CONDUCIVE TO BUILDING THE CONFIDENCE OF THIS COMMITTEE AND OF CONGRESS AS TO WHAT IS GOING ON, PARTICULARLY WHEN WE ARE COMING UP FROM AUTHORIZATION AND ARE ALSO LOOKING TO PROVIDE YOU WITH MORE MONEY.

MR. MADIGAN'S POINT BEFORE TO THE DEPARMTNET OF COMMERCE, SHOULD,

I THINK, BE EQUALLY DIRECTED TO YOU. WHAT WOULD YOU DO IF WE

GAVE YOU MORE MONEY THEN YOU HAVE EVER REQUESTED? HOW WOULD

YOU SEPARATE THE PRIORITIES? HOW WOULD YOU GIVE US A PLAN WHICH

WOULD INDICATE HOW YOU ARE GOINT TO IMPROVE THE OPERATION OF THE

SOLID WASTE INITIATIVE SO WE CAN HAVE MORE CONFIDENCE IN WHAT YOU

ARE DOING?

MR. PLEHN. I UNDERSTAND YOUR QUESTION AND I CAN CERTAINLY APPRECIATE THE BASIS FOR IT.

MR. FLORIO. I SUPPOSE IT WASN'T A QUESTION; IT WAS A SPEECH.

MR. PLEHN. JUST TO PICK UP ON YOUR LAST POINT, I THINK THIS AGREEMENT WHICH WE HAVE WORKED OUT WITH THE DEPARTMENT OF ENERGY IS SPECIFICALLY DESIGNED TO SOLVE THAT PROBLEM. IT IS FAIR TO SAY THAT LAST YEAR BOTH WE AND THE DEPARMTNET OF ENERGY HAD WHAT WERE POTENTIALLY CONFLICTING PROGRAMS IN TERMS OF WORKING WITH THE LOCAL COMMUNITIES, AND AS A RESULT OF OUR AGREEMENT, THE DEPARTMENT OF ENERGY IS SAYING WE ARE GOINT TO GET OUT OF THAT, WE ARE NOT GOING TO DO THAT ANY MORE, WE ARE GOING TO LEAVE THAT TO YOU, EPA.

WE ARE SAYING THAT TO THE EXTENT THAT YOU, DOE, HAVE SPECIFIC TECHNOLOGY INTERESTS THAT YOU WANT TO PROMOTE, WE WILL HELP YOU GET IN TOUCH WITH THE RIGHT COMMUNITY FOR DOING THAT. SO I THINK IT IS EXACTLY THE DEAL WITH THE POINTS YOU HAVE JUST DESCRIBED, THAT THIS AGREEMENT WE HAVE WORKED OUT WITH THE DEPARTMENT OF ENERGY WILL BE VERY BENEFICIAL.

IT CERTAINLY IS NOT AN EASY MATTER, AND I WOULD NOT WANT TO PRETEND THAT IT IS, TO COORDINATE THESE PROGRAMS BETWEEN FEDERAL AGENCIES OR EVEN WITHIN PARTICULAR AGENCIES. WE ALL TRY TO DO THAT THE BEST WE CAN. I THINK THAT IN THE RESOURCE RECOVERY AREA, THAT WE HAVE AT THIS TIME, I THINK, REALLY LAID THE VERY STRONG GROUNDWORK TO MAKE THESE PROGRAMS INTERACT TOGETHER.

PART OF THE PROBLEM WITH THE DEPARTMENT OF COMMERCE, AS MR. BARUCH SAYS, IS THEY REALLY HAVE NOT HAD THE RESOURCES TO DO VERY MUCH OF ANYTHING IN THIS AREA UNTIL VERY RECENTLY.

MR. FLORIO. MR. MADIGAN.

MR. MADIGAN. I JUST HAVE ONE OTHER QUESTION AND I AM JUST TRYING TO UNDERSTAND WHERE THE RESPONSBILITY LIES, IF ANYWHERE, AND IF NOT, WHERE WE CAN ASSIGN IT.

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I AM PARTICULARLY INTERESTED BECAUSE WE ARE THE TRANSPORTATION SUBCOMMITTEE AND BECAUSE WE HAVE OTHER RESPONSIBILITIES AS A CONSEQUENCE OF THAT. I DON'T UNDERSTAND WHY WE DON'T ATTEMPT TO TAKE ADVANTAGE OF THE DEADHEADING THAT OUR TRANSPORTATION VEHICLES DO.

IF I CAN GIVE YOU A CASE IN POINT, HUNDREDS OF MILLIONS OF TONS OF GRAINS ARE PROCESSED AT VARIOUS PROCESSING PLANTS IN THE MIDWEST, AND THEN THAT GRAIN IS HAULED TO SOUTHERN STATES WHERE IT IS FED TO CATTLE, OR TO GALVESTON WHERE IT IS SHIPPED OUT AT THE PORT, OR TO NEW ORLEANS WHERE IT IS SHIPPED OUT AT THE PORT.

WHATEVER THE VEHICLE FOR THAT SOUTHERN MOVEMENT IS, IT COMES BACK NORTH EMPTY, WHETHER IT IS A RAILROAD TRAIN, A BARGE OR OR WHATEVER IT IS. IT COMES BACK EMPTY BECAUSE THERE ARE NO BOAT COMMODITIES DOWN THERE TO BE MOVED BACK NORTH, BACK TO THE MIDWEST. I DON'T UNDERSTAND WHY WE COULD'NT BE HAULING SOLID WASTE OUT OF NEW ORLEANS OR GALVESTON OR SOMEWHERE ELSO IN THESE VEHICLES WHICH ARE EMPTY.

ANYWAY, BACK TO THESE GRAIN PROCESSING PLANTS, WHICH ARE VERY ENERGY INTENSIVE, I DON'T UNDERSTAND WHY THINGS LIKE THAT CAN'T BE PUT TOGETHER, AND I DON'T UNDERSTAND WHY 3 YEARS HAS GONE BY WITHOUT ANYONE TALKING TO US IN SOLID TERMS ABOUT PROPOSALS TO DO THAT.

NOW, I HAVE JUST ASKED MR. MALLOY WHOSE RESPONSIBILITY IT IS. IS IT THE DEPARTMENT OF COMMERCE'S OR EPA'S OR WHOSE? HE SUGGESTED TO ME THAT UNDER THE EXISTING LAW, IT IS EVERYBODY'S RESPONSIBILITY: THE DEPARTMENT OF COMMERCE IN THE SENSE THAT THEY ARE SUPPOSED TO FIND MARKETS FOR RECYCLABLE MATERIALS; THAT IT IS YOUR RESPONSIBILITY AND YOU SHOULD BE CONCERNED WITH FINDING WAYS OF DISPOSING SOLID WASTE. WHEN DO WE GET IDEAS LIKE THAT? WHO WORKS ON THOSE? AND WHY HAVEN'T WE ALREADY ONE ON IT?

MR. PLEHN. WELL, EPA HAS BEEN INVOLVED WITH THE RAIL HAUL OF SOLID WASTE FOR ABOUT 10 YEARS NOW. BACK IN THE LATE 1960'S WE COMMISSIONED A STUDY BY THE AMERICAN PUBLIC WORKS ASSOCIATION OF THE USE OF RAIL HAUL BY CITIES TO DEAL WITH THEIR GARBAGE, AND IN THE EARLY 1970'S, 1972, WE MADE DEMONSTRATION GRANTS TO TWO COMMUNITIES, TO CLEVELAND, OHIO, AND PHILADELPHIA. CLEVELAND THEN FOR SOME REASON DROPPED OUT AND ATLANTA BECAME THE SECOND PROJECT.

IN THE CASE OF ATLANTA, THE SOUTHERN RAILROAD, I BELIVE, WAS INVOLVED AND THE CONTRACT WITH THE RAILROAD EXPIRED BEFORE THE CITY HAD COMPLETED THE TRANSFER STATION WHICH WAS NEEDED TO MAKE THIS SYSTEM WORK. FOR THAT AND OTHER REASONS, I AM TOLD, THAT PROJECT DID NOT COME TO FRUITION.

IN THE CASE OF PHILADELPHIA, THERE WERE ENORMOUS PROBLEMS, INITIALLY, IN FINDING A RURAL LANDFILL WILLING TO ACCEPT THE WASTE FROM THE CITY OF PHILADELPHIA. IT WAS REALLY A VERY DIFFICULT PROBLEM, AND THEY ABANDONED TRYING TO WORK IT OUT BETWEEN THE GOVERNMENT OF PHILADELPHIA AND RURAL COMMUNITIES, AND INSTEAD TURNED TO THE PRIVATE SECTOR AND SAID, CAN YOU FIND A LANDFILL, WHICH THEY SUCCEEDED IN DOING.

THAT TEST OPERATED FOR 13 WEEKS LAST YEAR. IT SHOWED THAT IT WORKED. I THINK THE PROBLEM WAS THAT THE COSTS WERE REALLY PRETTY HIGH. IT CAM TO ABOUT $15 A TOWN IN THAT INSTANCE, AND THE CITY OF PHILADELPHIA THEN HAD SOME LESS EXPENSIVE OPTIONS OPEN TO IT IN THE SHORT RUN.

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I THINK THE MAJOR PROBLEMS WITH THE USE OF RAIL HAUL -- AND I WOULD LIKE TO SAY THERE ARE SYSTEMS IN OPERATION. ONE IS IN OPERATION IN OMAHA, AND THERE IS ONE IN OPERATION IN LONDON, ENGLAND, AND I AM SURE THERE ARE OTHERS. BUT THE BASIC PROBLEMS ARE, I THINK, FIRST THE PROBLEM OF FINDING SITES IN THE RURAL COMMUNITIES WILLING TO ACCEPT WASTE FROM URBAN AREAS. THAT IS JUST ONE ASPECT OF THE WHOLE SITING PROBLEM WHICH WE TALKED ABOUT EARLIER.

THE SECOND PROBLEM IS COST, HOW THE ECONOMICS OF THESE THINGS WORK OUT. THE THIRD PROBLEM, I GUESS, GETS TO THE INTERACTION BETWEEN RAIL HAUL AS A WAY OF MOVING WASTE FOR DISPOSAL AND RESOURCE RECOVERY, BECAUSE I THINK IN A LOT OF CASES IT IS GOING TO TURN OUT THAT THE ECONOMICS OF RESOURCE RECOVERY NEAR THE METROPOLITAN AREA ARE GOING TO BE BETTER FOR A COMMUNITY THAN MOVING THE WASTE TO A DISTANT LOCATION BY RAIL.

MR. MADIGAN. BUT YOU UNDERSTAND THAT, UNLIKE THE PHILADELPHIA EXPERIENCE, WE ARE TALKING HERE ABOUT TRAINS THAT MOVE LOADED FROM RURAL AREAS SEVERAL HUNDRED MILES INTO MAJOR METROPOLITAN AREAS AND THEN MOVE BACK, ALWAYS EMPTY. THEY NEVER HAVE ANYTHING TO HAUL BACK. SO THE ECONOMICS OF THAT ARE PERHAPS DIFFERENT THAN A TRAIN GOING BETWEEN PLACES WHERE IT OTHERWISE WOULD NOT GO.

MR. PLEHN. I LOOKED INTO THIS SOME YEARS AGO WHEN I WAS AT THE COUNCIL ON ENVIRONMENTAL QUALITY, WITH REFERENCE TO SLUDGE. I REALLY ASKED THE SAME QUESTION, WHY COULDN'T TRAINS TAKE SLUDGE ON THE BACKHAUL FROM THE NORTHEAST TO THE CENTRAL PART OF THE COUNTRY. ONE OF THE ANSWERS I WAS GIVEN BY THE RAILROADS IS THAT FROM THEIR POINT OF VIEW, THEY WOULD RATHER TURN THOSE CARS AROUND AND GET THEM BACK FAST. THEY FEEL THAT THAT IS ECONOMICALLY BETTER THAN TAKING THEM TO ANOTHER POINT, LOADING THEM, TAKING THEM BACK, UNLOADING, AND THEN BRINGING THEM BACK AGAIN.

THAT IS A QUESTION I THINK YOU OUGHT TO ASK THE RAILROADS. BUT THAT WAS SOMEHO A PROBLEM IN THEIR ECONOMICS.

MR. MADIGAN. I DON'T WANT TO BELABOR IT. ID NO WANT TO REEMPHASIZE WHAT THE CHAIRMAN HAS SAID. EARLIER I ASKED YOU ABOUT YOUR WISH LIST, AND WE ARE VERY SERIOUS.

MR. PLEHN. YES SIR, I UNDERSTAND THAT, AND WE WILL RESPOND TO THAT.

MR. MADIGAN. ALL RIGHT. THANK YOU VERY MUCH.

MR. FLORIO. THANK YOU VERY MUCH. WE APPRECIATE YOUR HELP.

MRL PLEHN. THANK YOU, MR. CHAIRMAN.

MR. FLORIO. OUR NEXT WITNESS IS MR. BASIL SNIDER, PRESIDENT OF THE GARDEN STATE PAPER CO., ARLINGTON, VA. MR. SNIDER, WE WELCOME YOU TO THE COMMITTEE.

MR SNIDER. THANK YOU.

MR. FLORIO. AS INDICATED TO THE PREVIOUS WITNESSES, YOUR ENTIRE STATEMENT WILL ALSO BE INSERTED IN THE RECORD. WE ASK THAT YOU IDENTIFY YOUR COLLEAGUE FOR THE RECORD AND PROCEED IN A SUMMARY FASHION.

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STATEMENT OF BASIL SNIDER, JR., PRESIDENT, GARDEN STATE PAPER CO., INC., ACCOMPANIED BY ROBERT H. DAVIS, NATIONAL DIRECTOR OF PROCUREMENT FOR WASTEPAPER ACTIVITIES

MR. SNIDER. THANK YOU, MR. FLORIO. WE WILL BE AS QUICK AND BRIEF AS POSSIBLE. I THINK THE WAY TO DO THAT, CERTAINLY IN MY CASE, IS TO QUICKLY READ THE STATEMENT AND GO FROM THERE.

AS YOU HAVE ALREADY SAID, MY NAME IS BASIL SNIDER. I AM THE PRESIDENT OF GARDEN STATE PAPER CO. I HAVE WITH ME ROBERT DAVIS, WHO IS THE NATIONAL DIRECTOR OF PROCUREMENT FOR GARDEN STATE'S WASTEPAPER ACTIVITIES.

WE DO APPRECIATE THIS OPPORTUNITY TO APPEAR BEFORE YOU THIS MORNING, AND I THINK IT WOULD BE APPROPRIATE IF WE AT LEAST VERY QUICKLY TOLD YOU WHO WE ARE.

GARDEN STATE PAPER CO. IS THE WORLD'S LARGEST RECYCLER OF USED NEWSPAPER INTO FRESH NEWSPRINT. WE WERE FOUNDED IN 1960 AND WE CURRENTLY CONSUME OVER A HALF MILLION TONS OF USED NEWSPAPER PER YEAR AT TWO WHOLLY OWNED RECYCLING MILLS, ONE IN GARFIELD, N.M., AND ONE IN POMONA, CALIF. WE HAVE A THIRD JOINT VENTURE MILL WITH FIELD ENTERPRISES IN ALSIP, ILL. SINCE ACQUIRING GARDEN STATE PAPER CO. IN 1970, MEDIA GENERAL, INC., OUR PARENT COMPANY, HAS FURTHER EXPANDED THE RECYCLING PROCESS THROUGH A JOINT VENTURE WITH THE MEXICAN GOVERNMENT, AND 90 PERCENT OF THAT RAW MATERIAL FLOWS FROM OUR COUNTRY BASICALLY DOWN IN THE SOUTHWEST.

WE ALSO HAVE UNDER CONSTRUCTION ANOTHER JOINT VENTURE WITH KNIGHT-RIDDER NEWSPAPERS AND COX ENTERPRISES, AND THIS MILL IS IN DUBLIN, GA. WE EXPECT IT TO COME ONSTREAM THIS SUMMER, AND IT WILL USE ANOTHER 150,000 TONS OF USED NEWSPAPER.

SO YOU CAN SEE THAT OUR PROCESS IS WIDELY USED AND WILL BE RESPONSIBLE FOR SOMETHING ON THE ORDER OF THREE-QUARTERS OF A MILLION TONS OF USED NEWPAPER PER YEAR.

WE PARTICULARLY WANT YOU TO NOTE THAT THIS RAW MATERIAL IS IN FACT A COMPONENT OF AND IS ACQUIRED THROUGH ACCESS TO THE MUNICIPAL SOLID WASTE STREAM. WE UNDERLINE THAT PHRASE, MR. CHAIRMAN, "ACCESS TO THE MUNICIPAL SOLID WASTE STREAM." WE ARE CONCERNED THAT WHAT WE PERCEIVE TO BE A HEADLONG RUSH TO EMBRACE ENERGY RECOVERY MAY PREEMPT AND FORECLOSE CONTINUING ACCESS TO MUNICIPAL SOLID WASTE FOR THE RECOVERY OF RECYCLABLE MATERIALS.

WE ARE CONCERNED THAT URBAN WASTE TO ENERGY DISPOSAL PROGRAMS OF AGENCIES OF THE FEDERAL GOVERNMENT ARE WEIGHTED HEAVILY IN THAT DIRECTION. WE ARE CONCERNED THAT THE EMPHASIS TOWARD WASTE TO ENERGY RECOVERY TECHNOLOGIES TEND TO IGNORE THE COMPATIBILITY OF MATERIALS/ENERGY RECOVERY SYSTEMS.

THE PROPONENTS OF WASTE-TO-ENERGY RECOVERY TECHNOLOGY TEND TO IGNORE ALSO THE ENERGY CONSERVATION POTENTIAL OF WASTE MATERIALS RECOVERY THROUGH SOURCE SEPARATION. OUR COMPANY IS NOT ALONE IN THIS PERCEPTION OF THE THREAT TO MATERIALS RECOVERY AND RECYCLING WHICH IS POSED BY ENERGY-RECOVERY-ONLY SYSTEMS. WE REFLECT VIEWS SHARED BY THE AMERICAN PAPER INSTITUTE, THE CAN MANUFACTURERS INSTITUTE, AND THE GLASS PACKAGING INSTITUTE. THE VIEWS ARE SUMMARIZED IN A JOINT STATEMENT WHICH I HAVE WITH ME AND WHICH, WITH YOUR PERMISSION, I WOULD LIKE TO MAKE A PART OF THE RECORD.

THE BASIS FOR OUR CONCERN IS OUR PERCEPTION OF THE LACK OF OVERALL DIRECTION AND COORDINATION IN THE FEDERAL GOVERNMENT OF AGENCY PLANS AND PROGRAMS FOR RESOURCE RECOVERY, CONGRESS HAS MADE IT CLEAR IN ITS VARIOUS ENACTMENTS THAT MATERIALS AND ENERGY RECOVERY ARE OF EQUAL NATIONAL CONCERN.

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HOWEVER, AGENCY ADMINISTRATORS APPLY THEIR OWN PRIORITIES BASED UPON THEIR VIEWS OF HOW BEST TO CARRY OUT THEIR BASIC MISSIONS.

IN THE ENVIRONMENTAL PROTECTION AGENCY, FOR EXAMPLE, THERE HAS BEEN A SIGNIFICANT SHIFT IN ITS SOLID WASTE PROGRAM. THE WELL-BALANCED APPROACH TOWARD RESOURCE RECOVERY HAS NOW SHIFTED FOCUS AND HAS ALREADY BEEN SET TOWARD HAZARDOUS WASTE. THE EPA FISCAL YEAR 1980 SOLID WASTE BUDGET REQUEST MAKES A DRASTIC REDUCTION IN THE TECHNICAL ASSISTANCE AND RESOURCE RECOVERY PROGRAMS.

IN EFFECT, EPA HAS REPROGRAMED ITS ENTIRE FUNDING IN THESE AREAS. WE ARE FULLY AWARE OF THE VITAL IMPORTANCE TO THE ENVIRONMENT AND THE PUBLIC HEALTH OF ATTACKING THESE PROBLEMS. WE ARE CONCERNED, HOWEVER, THAT THIS IS BEING DONE AT THE EXPENSE OF RESOURCE RECOVERY PROGRAMS, WHICH ARE ALSO VITAL TO THE NATION'S ECONOMU.

THE DEPARTMENT OF ENERGY ALLOCATES HUGE SUMS OF MONEYS TO PROGRAMS TO ENCOURAGE THE DESIGN AND TESTING OF URBAN WASTE TO ENERGY SYSTEMS. SUBSTANTIAL GRANTS ARE BEING MADE TO MUNICIPALITIES TO STUDY THE FEASIBILITY OF ENERGY RECOVERY SYTEMS FOR THE CONVERSION OF SOLID WASTES. WE ARE NOT AWARE OF A SINGLE PROJECT SPONSORED BY THE DEPARMTNET OF ENERGY WHICH REQUIRES THE GRANT RECIPIENT TO STUDY THE REASIBILITY OF OPERATING A SOURCE SEPARATION PROGRAM FOR WASTEPAPER AND OTHER RECYCLABLE MATERIALS AS AN ADJUNCT TO THE ENERGY RECOVERY FACILITY. WE BELIEVE THIS IS A SERIOUS OMISSION ON THE PART OF DOE'S APPRAOCH TO THE URBAN WASTE PROGRAM AND IMPLEMENTATION. WE FEEL THE CONGRESSIONAL INTENT FOR THE BALANCED MATERIALS ENERGY APPROACH TO ENERGY RECOVERY IS NOT BEING SERVED BY DOE'S ENERGY-RECOVERY-ONLY EMPHASIS.

WE ARE CONCERNED THAT THE NARROW FOCUS BEING APPLIED BY MISSION ORIENTED AGENCY ADMINISTRATORS IS DENYING THE NATION A COMPREHENSIVE APPROACH TO MAXIMIZING ITS VALUABLE WASTE MATERIAL RESOURCES. WHAT IS NEEDED IS THE KIND OF UNFRAGMENTED COORDINATED PLANNING EFFORT THAT IS REPRESENTED BY A STUDY WHICH WAS PUBLISHED LAST FALL BY THE DOE OF THE STATE OF NEW JERSEY.

IT IS KNOWN AS THE NEW JERSEY ENERGY MASTER PLAN. THE STUDY BRINGS INTO FOCUS THE RESOURCE RECOVERY POTENTIAL OF THE STATE'S PRESENTLY BURDENSOME SOLID WASTES. THE PLAN CONTEMPLATES 3,400 TONS OF REFUSE PER DAY, OR AROUND 20 PERCENT OF THE 17,000 TONS OF MUNICIPAL SOLID WASTE GENERATED, WILL BE SOURCE SEPARATED FOR RECYCLING INTO NEW MATERIALS AND PRODUCTS, AND THAT 70 PERCENT OF THE MUNICIPAL SOLID WASTE STREAM WILL BE PROCESSED THROUGH ENERGY RECOVERY FACILITIES. THE REMAINING 10 PERCENT OF THE WASTE STREAM WOULD BE LANDFILLED.

THE PLAN INDICATES THAT THE EQUIVALENT OF OVER 2.2 BILLION KILOWATT-HOURS COULD BE SAVED ANNUALLY BY THE USE OF RECOVERED MATERIALS FROM SOLID WASTE WHEN COMPARED TO THE USE OF VIRGIN MATERIALS. THE PLAN ALSO STATES THAT "WHEN COMBINED WITH THE AMOUNT OF ENERGY PRODUCED FROM SOLID WASTES, THIS REPRESENTS THE EQUIVALENT OF THE ENTIRE ENERGY NEEDS OF OVER 1.2 MILLION AVERAGE HOMEOWNERS IN NEW JERSEY FOR AN ENTIRE YEAR." SIGNIFICANTLY, OF THE PLAN'S ESTIMATED 5.5 BILLION KILOWATT-HOURS OF ENERGY VALUE ANNUALLY IN NEW JERSEY'S SOLID WASTE, 40 PERCENT IS ATTRIBUTABLE TO THE ENERGY CONSERVATION VALUE OF RECYCLABLE MATERIALS RECOVERED THROUGH SOURCE SEPARATION.

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THE ECONOMIC DEVELOPMENT POTENTIAL OF EFFECTIVEL MAACED SOLID WASTES IS ALSO HIGHLIGHTED IN THE NEW JERSEY PLAN.

THE PLAN MAKES REFERENCE TO A STUDY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY ENTITLED "INDUSTRIAL DEVELOPMENT FEASIBILITY STUDY." IN THIS STUDY IT IS CONTEMPLATED THAT A 200-ACRE INTEGRATED INDUSTRIAL RECYCLING PARK COULD GENERATE 4,000 JOBS THROUGH THE UTILIZATION OF 2,000 TONS OF REFUSE PER DAY FOR THE SEPARATION OF RECYCLABLE MATERIALS AND THE PRODUCTION OF ENERGY.

WHAT CAN THE GOVERNMENT DO TO HELP IN ACHIEVING THE RESOURCE RECOVERY OBJECTIVES WHICH ARE UNDENIABLY SOUND? WE BELIEVE THAT ACTIVATION OF FUNCTIONS ASSIGNED TO THE DEPARTMENT OF COMMERCE BY RCRA COULD PROVIDE A SOLUTION TO THE NATTOW RESTRAINTS IMPOSED UPON RESOURCE RECOVERY EFFORTS BY THE ENVIRONMENTAL PROTECTION AGENCY AND THE DEPARTMENT OF ENERGY.

WE BELIEVE THAT THE FAILURE TO PROVIDE FUNDS TO THE DEPARTMENT OF COMMERCE TO CARRY OUT ITS RESPONSIBILITIES FOR IDENTIFYING AND DEVELOPING MARKETS FOR RECOVERED MATERIALS REPRESENTS A SERIOUS IMPEDIMENT TO THE ACHIEVEMENT OF RESOURCE-RECOVERY OBJECTIVES. THE CONGRESS WIDELY RECOGNIZED, AS STATED IN THE HOUSE REPORT ON RCRA, AND I QUOTE:

THE STRENGTH OF RECOVERED MATERIALS MARKETS IS THE KEY TO A SUCCESSFUL RESOURCE RECOVERY PROJECT, WHETHER IT INVOLVES A HIGH TECHNOLOGY, CAPITAL INTENSIVE WASTE PROCESSING PLANT OR A SOURCE SEPARATION SCHEME.

THE REPORT STATES FURTHER:

THE DEPARTMENT OF COMMERCE HAS, BECAUSE OF ITS LONGSTANDING RELATIONSHIP WITH PRIVATE ENTERPRISE, THE CHANNELS OF COMMUNICATION NECESSARY TO ENCOURAGE GREATER INVOLVEMENT IN RESOURCE RECOVERY AND THE USE OF RECOVERED MATERIALS.

SO, MR. CHAIRMAN, THE RESOURCES OF THE DEPARTMENT OF COMMERCE ARE INVLAUABLE TO THE FULFILLMENT OF THE RESOURCE RECOVERY OBJECTIVES OF THE LAW. ITS DATA GATHERING FACILITIES AND INDUSTRY KNOWLEDGE AND EXPERTISE CAN, WE BELIEVE, PROVIDE THE BASIS FOR A MORE REALISTIC AND PRACTICAL APPROACH TO THE DESIGN OF COMPATIBLE MATERIALS/ENERGY RESOURCE RECOVERY PROGRAMS CONTEMPLATED BY THE LAW.

AN EFFECTIVE DEPARTMENT OF COMMERCE EFFORT IN CARRYING OUT ITS MARKETING ASSESSMENT FUNCTION UNDER THE LAW IS ESSENTIAL TO THE PROPER EVALUATION OF THE VIABILITY OF RESOURCE RECOVERY PROGRAMS OF BOTH THE DOE AND EPA. MARKETING ASSESSMENT STUDIES WOULD HELP MUNICIPALITIES DETERMINE THE VIABILITY OF SOURCE SEPARATION AND OTHER MATERIALS RECOVERY PROGRAM PROPOSALS. THEY WOULD ALSO ENCOURAGE DOE TO GIVE CONSIDERATION IN ITS PLANNING TO THE ADVANTAGES OF COMBINED MATERIALS AND ENERGY RECOVERY SYSTEMS.

AS STATED IN THE JOINT STATEMENT OF THE PAPER, GLASS, AND CAN INDUSTRIES, THE BASIC FRAMEWORK OF PUBLIC LAW 94-580 IS SOUND WITH RESPECT TO THE PROMOTION OF A BALANCED APPROACH TO MATERIALS AND ENERGY RECOVER. THE WEAKNESS LIES IN ITS IMPLEMENTATION BY VIRTUE OF THE VOID WHICH IS PERCEIVED TO EXIST IN THE GOVERNMENT'S COORDINATING MECHANISMS.

WE BELIEVE THAT THE ACTIVATION OF THE FUNCTIONS OF THE DOC AND THE ASSUMPTION BY THE SECRETARY OF A LEADERSHIP ROLE WILL RESULT IN A MORE COHESIVE PLANNING EFFORT ON THE PART OF THE FEDERAL GOVERNMENT.

WE URGE THAT THE COMMITTEE PROVIDE SPECIFIC AUTHORIZATION LANGUAGE IN THE RCRA ACT TO ANABLE THE DEPARTMENT OF COMMERCE TO SEEK APPROPRIATIONS FOR CARRYING OUT ITS IMPORTANT MANDATE UNDER THE LAW.

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WE URGE ALSO THAT THE COMMITTEE MAKE CLEAR IN ITS REPORT THAT THE SECRETARY OF COMMERCE IS EXPECTED TO SERVE AS THE FOCAL POINT IN THE EXECUTIVE BRANCH ON ALL MATTERS HAVING TO DO WITH RESOURCE CONSERVATION AND RECOVERY. THE SECRETARY WOULD BE RESPONSIBLE FOR THE REVIEW AND COORDINATION OF FEDERAL AGENCY PROGRAMS OR ACTIONS AFFECTING THE DISPOSAL, USE, AND REGULATION OF RECYCLABLE WASTE MATERIALS.

WITH THAT, I WOULD BE PLEASED TO ANSWER ANY QUESTIONS WHICH THE COMMITTEE MAY HAVE.

(MR. SNIDER'S PREPARED STATEMENT FOLLOWS:)

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790328 STATEMENT OF BASIL SNIDER, JR. PRESIDENT GARDEN STATE PAPER COMPANY, INC. BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE HOUSE COMMITTEE ON INTERSTATE AND FOREIGN COMMERC ON THE REAUTHORIZATION OF PUBLIC LAW 94-580

MY NAME IS BASIL SNIDER, JR., AND I AM PRESIDENT OF THE GARDEN STATE PAPER COMPANY.

I HAVE WITH ME THIS MORNING ROBERT H. DAVIS WHO IS THE DIRECTOR OF GARDEN STATE'S WASTEPAPER PROCUREMENT ACTIVITIES.

WE APPRECIATE THE OPPORTUNITY TO APPEAR BEFORE YOU THIS MORNING AND SHARE WITH THE COMMITTEE OUR VIEWS AND CONCERNS ABOUT THE OPERATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976. I WILL BEGIN BY REVIEWING BRIEFLY THE WORK OF OUR COMPANY IN THE RECYCLING OF WASTE MATERIALS.

GARDEN STATE PAPER COMPANY IS THE WORLD'S LARGEST RECYCLER OF USED NEWSPAPER INTO FRESH NEWSPRINT. FOUNDED IN 1960, GARDEN STATE PAPER CURRENTLY CONSUMES OVER 500,000 TONS OF USED NEWSPAPER PER YEAR AT TWO WHOLLY OWNED RECYCLING MILLS -- GARFIELD, NEW JERSEY AND POMONA, CALIFORNIA, AND A THIRD JOINT VENTURE MILL WITH FIELD ENTERPRISES IN ALSIP, ILLINOIS. SINCE ACQUIRING GARDEN STATE PAPER IN 1970, MEDIA GENERAL, INC. HAS FURTHER EXPANDED THE UNIQUE RECYCLING PROCESS THROUGH A JOINT VENTURE WITH THE MEXICAN GOVERNMENT -- 90 PERCENT OF RAW MATERIAL SUPPLY IS FROM THE UNITED STATES -- AND ANOTHER JOINT VENTURE MILL WITH KNIGHT-RIDDER NEWSPAPERS AND COX ENTERPRISES. THIS LATTER MILL IS UNDER CONSTRUCTION IN DUBLIN, GEORGIA, AND, WHEN COMPLETED SOMETIME THIS SUMMER, WILL CONSUME 150,000 TONS OF USED NEWSPAPER ANNUALLY THAT WILL BE COLLECTED IN SIX SOUTHEASTERN STATES. THUS, THE GARDEN STATE RECYCLING PROCESS WILL SOON BE RESPONSIBLE FOR RECYCLING THREE-QUARTERS OF A MILLION TONS OF USED NEWSPAPER PER YEAR. IT IS NOTEWORTHY THAT THIS VALUABLE INDUSTRIAL RAW MATERIAL IS ACQUIRED THROUGH ACCESS TO THE MUNICIPAL SOLID WASTE STREAM.

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MR. CHAIRMAN, THE KEY PHRASE IN THIS BRIEF SUMMARY IS "ACCESS TO THE MUNICIPAL SOLID WASTE STREAM." WE ARE CONCERNED THAT WHAT WE PERCEIVE TO BE A HEADLONG RUSH TO EMBRACE ENERGY RECOVERY TECHNOLOGY MAY PREEMPT AND FORECLOSE CONTINUING ACCESS TO MUNICIPAL SOLID WASTE FOR THE RECOVERY OF RECYCLABLE MATERIALS. WE ARE CONCERNED THAT URBAN WASTE DISPOSAL PROGRAMS OF AGENCIES OF THE FEDERAL GOVERNMENT ARE WEIGHTED HEAVILY IN FAVOR OF ENERGY RECOVERY. WE ARE CONCERNED THAT THE EMPHASIS TOWARD WASTE-TO-ENERGY RECOVERY TECHNOLOGY TENDS TO IGNORE THE COMPATIBILITY OF MATERIALS/ENERGY RECOVERY SYSTEMS. THE PROPONENTS OF WASTE-TO-ENERGY RECOVERY TECHNOLOGY TEND TO IGNORE ALSO, THE ENERGY CONSERVATION POTENTIAL OF WASTE MATERIALS RECOVERY THROUGH SOURCE SEPARATION.

THE GARDEN STATE PAPER COMPANY IS NOT ALONE IN ITS PERCEPTION OF THE THREAT TO MATERIALS RECOVERY AND RECYCLING WHICH IS POSED BY ENERGY RECOVERY ONLY SYSTEMS. WE REFLECT VIEWS WHICH ARE SHARED ALSO BY MEMBER COMPANIES OF THE AMERICAN PAPER INSTITUTE, THE CAN MANUFACTURERS INSTITUTE AND THE GLASS PACKAGING INSTITUTE. THESE VIEWS ARE SUMMARIZED IN A JOINT STATEMENT WHICH I HAVE HERE WITH ME. I WOULD APPRECIATE IT MR. CHAIRMAN, IF YOU WOULD INCLUDE THE STATEMENT IN THE RECORD OF THE HEARINGS.

THE BASIS FOR OUR CONCERN IS OUR PERCEPTION OF THE LACK OF OVERALL

DIRECTION AND COORDINATION IN THE FEDERAL GOVERNMENT OF AGENCY

PLANS AND PROGRAMS FOR RESOURCE RECOVERY. CONGRESS HAS MADE CLEAR,

IN ITS VARIOUS LEGISLATIVE ENACTMENTS, THAT MATERIALS AND ENERGY

RECOVERY ARE OF EQUAL NATIONAL CONCERN. AGENCY ADMINISTRATORS,

HOWEVER, APPLY THEIR OWN PRIORITIES BASED UPON THEIR VIEWS OF HOW

BEST TO CARRY OUT THE BASIC MISSION OF THE AGENCY.

IN THE ENVIRONMENTAL PROTECTION AGENCY, FOR EXAMPLE, THERE HAS BEEN A SIGNIFICANT SHIFT IN ITS SOLID WASTE PROGRAM. THE FORMER WELL BALANCED APPROACH TO RESOURCE RECOVERY HAS GIVEN WAY TO A NEW FOCUS ON HAZARDOUS WASTE AND LAND DISPOSAL REGULATION. THE EPA FISCAL YEAR 1980 SOLID WASTE BUDGET REQUEST MAKES DRASTIC REDUCTION IN THE TECHNICAL ASSISTANCE AND RESOURCE RECOVERY PROGRAMS. IN EFFECT, EPA HAS REPROGRAMMED ITS FUNDING IN THE SOLID WASTE AREA, AND HAS SHIFTED RESOURCE RECOVERY FUNDS TO HAZARDOUS WASTE PROGRAMS.

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WE ARE FULLY AWARE OF THE VITAL IMPORTANCE TO THE ENVIRONMENT AND THE PUBLIC HEALTH OF ATTACKING THE BURGEONING PROBLEMS OF HAZARDOUS WASTE. WE ARE CONCERNED, HOWEVER, THAT THIS IS BEING DONE AT THE EXPENSE OF RESOURCE RECOVERY PROGRAMS WHICH TOO ARE VITAL TO THE NATION'S ECONOMU.

THE DEPARTMENT OF ENERGY ALLOCATES HUGE SUMS OF MONEY TO PROGRAMS TO ENCOURAGE THE DESIGN AND TESTING OF URBAN WASTE-TO-ENERGY SYSTEMS. SUBSTANTIAL GRANTS ARE BEING MADE TO MUNICIPALITIES TO STUDY THE FEASIBILITY OF ENERGY RECOVERY SYSTEMS FOR THE CONVERSION OF SOLID WASTE. WE ARE NOT AWARE OF A SINGLE PROJECT, SPONSORED BY THE DEPARTMENT OF ENERGY, THAT REQUIRES THE GRANT RECIPIENT TO STUDY THE FEASIBILITY OF OPERATING A SOURCE SEPARATION PROGRAM FOR WASTEPAPER AND OTHER RECYCLABLE MATERIALS AS AN ADJUNCT TO THE ENERGY RECOVERY FACILITY. WE BELIEVE THAT THIS IS A SERIOUS OMISSION IN DOE'S APPROACH TO URBAN WASTE-TO-ENERGY PROGRAM IMPLEMENTATION. WE FEEL THAT CONGRESSIONAL INTENT FOR A BALANCED MATERIALS/ENERGY APPROACH TO RESOURCE RECOVERY IS NOT BEING SERVED BY DOE'S ENERGY RECOVERY ONLY EMPHASIS.

WE ARE CONCERNED THAT THE NARROW FOCUS BEING APPLIED BY MISSION ORIENTED AGENCY ADMINISTRATORS IS DENYING THE NATION A COMPREHENSIVE APPROACH TO MAXIMIZING ITS VALUABLE WASTE MATERIALS RESOURCES. WHAT IS NEEDED IS THE KIND OF UNFRAGMENTED COORDINATED PLANNING EFFORT THAT IS REPRESENTED BY A STUDY WHICH WAS PUBLISHED LAST FALL BY THE DEPARTMENT OF ENERGY OF THE STATE OF NEW JERSEY.

KNOWN AS THE NEW JERSEY ENERGY MASTER PLAN, THE STUDY BRINGS INTO FOCUS THE RESOURCE RECOVERY POTENTIAL OF THE STATES' PRESENTLY BURDENSOME SOLID WASTE. THE PLAN CONTEMPLATES THAT 3,400 TONS OF REFUSE PER DAY, OR 20% OF OVER 17,000 TONS OF MUNICIPAL SOLID WASTE GENERATED EACH DAY WILL BE SOURCE SEPARATED FOR RECYCLING INTO NEW MATERIALS AND PRODUCTS; THAT 70% OF THE MUNICIPAL WASTE STREAM WILL BE PROCESSED IN ENERGY RECOVERY FACILITIES AND THE REMAINING 10% OF THE WASTE STREAM WILL BE LANDFILLED.

THE PLAN INDICATES THAT THE EQUIVALENT OF OVER 2.2 BILLION KILOWATT HOURS COULD BE SAVED ANNUALLY BY THE USE OF RECOVERED MATERIALS FROM SOLID WASTE WHEN COMPARED TO THE USE OF VIRGIN MATERIALS.

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THE PLAN STATES ALSO THAT. . ."WHEN COMBINED WITH THE AMOUNT OF ENERGY PRODUCED FROM SOLID WASTE, THIS REPRESENTS THE EQUIVALENT OF THE ENTIRE ELECTRICAL ENERGY NEEDS OF OVER 1.2 MILLION AVERAGE HOMEOWNERS IN NEW JERSEY FOR AN ENTIRE YEAR." SIGNIFICANTLY, OF THE PLAN'S ESTIMATED N5.5 BILLION KILOWATT HOURS OF ENERGY VALUE ANNUALLY IN NEW JERSEY'S SOLID WASTE, 40% IS ATTRIBUTABLE TO THE ENERGY CONSERVATION VALUE OF RECYCLABLE MATERIALS RECOVERED THROUGH SOURCE SEPARATION.

THE ECONOMIC DEVELOPMENT POTENTIAL OF EFFECTIVELY MANAGED SOLID WASTE IS ALSO HIGHLIGHTED IN THE NEW JERSEY PLAN. THE PLAN MAKES REFERENCE TO A STUDY OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY ENTITLED "INDUSTRIAL DEVELOPMENT FEASIBILITY STUDY." IN THIS STUDY IT IS CONTEMPLATED THAT A 200 ACRE INTEGRATED INDUSTRIAL RECYCLING PARK WOULD GENERATE 4,000 JOBS THROUGH THE UTILIZATION OF 2,000 TONS OF REFUSE PER DAY FOR THE SEPARATION OF RECYCLABLE MATERIALS AND THE PRODUCTION OF ENERGY.

WHAT CAN THE GOVERNMENT DO TO HELP IN ACHIEVING THE RESOURCE RECOVERY OBJECTIVES WHICH ARE UNDENIABLY SOUND?

WE BELIEVE THAT ACTIVATION OF FUNCTIONS ASSIGNED TO THE DEPARTMENT OF COMMERCE BY THE RESOURCE CONSERVATION AND RECOVERY ACT COULD PROVIDE A SOLUTION TO THE NARROW RESTRAINTS IMPOSED UPON RESOURCE RECOVERY EFFORTS BY THE ENVIRONMENTAL PROTECTION AGENCY AND THE DEPARTMENT OF ENERGY. WE BELIEVE THAT THE FAILURE TO PROVIDE FUNDS TO THE DEPARTMENT OF COMMERCE TO CARRY OUT ITS RESPONSIBILITIES FOR IDENTIFIYING AND DEVELOPING MARKETS FOR RECOVERED MATERIALS REPRESENTS A SERIOUS IMPEDIMENT TO THE ACHIEVEMENT OF RESOURCE RECOVERY OBJECTIVES. THE CONGRESS WISELY RECOGNIZED, AS STATED IN THE HOUSE REPORT ON RCRA. . ."THE STRENGTH OF RECOVERED MATERIALS MARKETS IS THE KEY TO A SUCCESSFUL RESOURCE RECOVERY PROJECT, WHETHER IT INVOLVES A HIGH TECHNOLOGY, CAPITAL INTENSIVE WASTE PROCESSING PLANT, OR A SOURCE SEPARATION SCHEME." THE REPORT STATES FURTHER "THE DEPARTMENT OF COMMERCE HAS, BECAUSE OF ITS LONG STANDING RELATIONSHIP WITH PRIVATE ENTERPRISE, THE CHANNELS OF COMMUNICATION NECESSARY TO ENCOURGAE GREATER INVOLVEMENT IN RESOURCE RECOVERY AND USE OF RECOVERED MATERIALS."

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MR. CHAIRMAN, THE RESOURCES OF THE DEPARTMENT OF COMMERCE ARE INVALUABLE TO THE FULFILLMENT OF THE RESOURCE RECOVERY OBJECTIVES OF THE LAW. ITS DATA GATHERING FACILITIES AND INDUSTRY KNOWLEDGE AND EXPERTISE CAN PROVIDE THE BASIS FOR A MORE REALISTIC AND PRACTICAL APPROACH TO THE DESIGN OF COMPATIBLE MATERIALS/ENERGY RESOURCE RECOVERY PROGRAMS CONTEMPLATED BY LAW. AN EFFECTIVE DEPARTMENT OF COMMERCE EFFORT IN CARRYING OUT ITS MARKETING ASSESSMENT FUNCTIONS UNDER THE LAW IS ESSENTIAL TO THE PROPER EVALUATION OF THE VIABILITY OF RESOURCE RECOVERY PROGRAMS OF THE DEPARTMENT OF ENERGY AND THE ENVIRONMENTAL PROTECTION AGENCY. MARKETING ASSESSMENT STUDIES WOULD HELP MUNICIPALITIES DETERMINE THE VIABILITY OF SOURCE SEPARATION AND OTHER MATERIALS RECOVERY PROGRAM PROPOSALS. THEY WOULD ALSO ENCOURAGE DOE TO GIVE CONSIDERATION, IN ITS PLANNING, TO THE ADVANTAGES OF COMBINED MATERIALS AND ENERGY RECOVERY SYSTEMS.

AS STATED IN THE JOINT STATEMENT OF THE PAPER, GLASS AND CAN INDUSTRIES, THE BASIC FRAMEWORK OF PUBLIC LAW 94-580 IS SOUND WITH RESPECT TO THE PORMOTION OF A BALANCED APPROACH TO MATERIALS AND ENERGY RECOVERY. A WEAKNESS LIES IN ITS IMPLEMENTATION BY VIRTUE OF THE VOID WHICH IS PERCEIVED TO EXIST IN THE GOVERNMENT'S COORDINATING MECHANISMS. WE BELIEVE THAT THE ACTIVATION OF FUNCTIONS OF THE DEPARTMENT OF COMMERCE AND THE ASSUMPTION BY THE SECRETARY OF A LEADERSHIP ROLE WILL RESULT IN A MORE COHESIVE PLANNING EFFORT ON THE PART OF THE FEDERAL GOVERNMENT.

MR. CHAIRMAN, WE URGE THAT THE COMMITTEE PROVIDE SPECIFIC AUTHORIZATION LANGUAGE IN THE RESOURCE CONSERVATION AND RECOVERY ACT TO ENABLE THE DEPARTMENT OF COMMERCE TO SEEK APPROPRIATIONS FOR CARRY OUT ITS IMPORTANT MANDATE UNDER THE LAW. WE URGE ALSO THAT THE COMMITTEE MAKE CLEAR IN ITS REPORT THAT THE SECRETARY OF COMMERCE IS EXPECTED TO SERVE AS THE FOCAL POINT IN THE EXECUTIVE BRANCH ON ALL MATTERS HAVING TO DO WITH RESOURCE CONSERVATION AND RECOVERY. THE SECRETARY WOULD BE RESPONSIBLE FOR THE REVIEW AND COORDINATION OF FEDERAL AGENCY PROGRAMS OR ACTIONS AFFECTING THE DISPOSAL, USE AND REGULATION OF RECYCLABLE WASTE MATERIALS.

I WILL BE PLEASED TO ANSWER ANY QUESTIONS WHICH THE COMMITTEE MAY HAVE.

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MR. FLORIO. THANK YOU VERY MUCH.

MR. MADIGAN. IF I CAN QUOTE FROM YOUR STATEMENT, ACTIVATION OF FUNCTIONS ASSIGNED TO THE DEPARTMENT OF COMMERCE BY RCRA COULD PROVIDE A SOLUTION TO THE NARROW RESTRAINTS IMPOSED UPON RESOURCE RECOVERY EFFORTS BY EPA AND THE DEPARTMENT OF ENERGY. WOULD YOU ELABORATE ON THESE NARROW RESTRAINTS THAT YOU FEEL THESE TWO OTHER AGENCIES HAVE IMPOSED?

MR. SNIDER. FIRST OF ALL, I THINK, AS HAS BEEN SAID BY PREVIOUS WITNESSES, EACH IN THEIR OWN WAY, AND WE HAVE NOT, OF COURSE, HEARD FROM THE DEPARTMENT OF ENERGY THIS MORNING, BUT EACH IN THEIR OWN WAY IS WORKING DILIGENTLY ON THE TASK AS THEY PERCEIVE IT.

THEY ARE, HOWEVER, IN THE CASE OF EPA, AND OF NECESSITY THEY PUT GREAT EMPHASIS ON THE POSSIBLE HAZARDOUS ASPECTS OF THE WASTE. THE DISPOSAL ASPECTS OF SOMETHING RELATIVELY SIMPLE, AS MR. FLORIO HAS POINTED OUT, THE SLUDGE, IF YOU WILL, FROM A MUNICIPALITY, CAN OFTEN BE FOUND TO BE HIGHLY HAZARDOUS UNDER THE EPA REGULATIONS.

AS A CONSEQUENCE, THE FOCUS THEN TENDS TO SHIFT RATHER QUICKLY TOWARD THE NATURE OF THAT MATERIAL. THE ECONOMICS OF THE ENTIRE SITUATION ARE NOT ALWAYS GIVEN FULL CONSIDERATION. AND AGAIN, WE HAVE HAD MR. FLORIO CITE A CLASSIC EXAMPLE.

ON THE OTHER HAND, THE DEPARTMENT OF ENERGY -- AND AGAIN, RIGHTLY SO -- IS TRYING TO HELP THIS COUNTRY SOLVE ITS ENERGY PROBLEM, WHICH IS A VERY SEVERE PROBLEM, AND WE MUST AND SHOULD DERIVE ENERGY FROM OUR SOLID WASTE.

NOW, THE CASE HAS BEEN CITED HERE WHAT HAPPENS IN EUROPE. YOU HAVE THE STRONG ECONOMIC INCENTIVE ON THE PART OF PEOPLE WHO ARE RESOURCE SHY TO CONCENTRATE ON THAT KIND OF THING, AND THEY HAVE BEEN QUITE SUCCESSFUL. AND I PREDICT THAT WE IN THIS COUNTRY WILL BE GIVEN THE ECONOMIC INCENTIVES TO DO SO.

BUT YOU HAVE MISSION ORIENTATIONS, STRONG MISSION ORIENTATIONS. THERE IS NOT A THING WRONG WITH THAT, BUT OFTEN THE OVERALL ECONOMICS, AND EVEN THE LOGISTICS WHICH YOU JUST CITED, ARE NOT GIVEN PROPER CONSIDERATION.

WE WOULD PROPOSE THAT IF THERE WERE AN AGENCY -- AND PERHAPS THIS INTERAGENCY GROUP, WHICH I HAVE REALLY JUST LEARNED OF THIS MORNING, THIS COORDINATING GROUP -- PERHAPS OUT OF THAT, AT LEAST WITH A STRONG LEADER, COULD COME THE KIND OF OVERVIEW TO COORDINATE THE KIND OF EFFORTS WHICH WE PERCEIVE TO BE QUITE GOOD IN ALL OF THE AGENCIES.

NOW, THE DEPARTMENT OF COMMERCE, HOWEVER, AS I UNDERSTAND IT, HAS CERTAINLY BEEN UNDERFINANCED IN THIS AREA, AND IT CANNOT BRING TO BEAR SOME OF THE TECHNICAL EXPERTISE WHICH DOES IN FACT EXIST THERE IN THE FORM OF SOME OF THE TESTIMONY DR. BARUCH GAVE EARLIER.

MR. MADIGAN. WE ARE NOT AWARE OF THEIR EVER ASKING FOR ANY MONEY.

MR. SNIDER. WELL, THEY SHOULD, AND WE PROPOSE THAT THEY DO AND WE PROPOSE THAT YOU GENTLEMEN EXAMINE THAT.

MR. MADIGAN. ARE YOU SUGGESTING OR WOULD YOU SUGGEST THAT WE AS THE LEGISLATIVE BODY SHOULD MAKE SOME CHANGES IN THE LAW SPECIFYING WHERE WE THINK GREATER EMPHASIS NEEDS TO BE PUT BY THE DEPARTMENT OF ENERGY AND THE EPA?

MR. SNIDER. WHAT WE ARE PROPOSING IS, AGAIN, UNDERLINING THE WORD "COORDINATING." PERHAPS I AM NOT SURE I HEARD YOUR QUESTION CORRECTLY, MR. MADIGAN.

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BUT THE KEY WORD IS OBVIOUSLY "COORDINATING," AND IT IS OBVIOUS THAT YOU GENTLEMEN PERCEIVE THIS PROBLEM THROUGH THE QUESTIONING THAT I HAVE JUST HEARD OF THE OTHER WITNESSES.

THERE IS A LACK OF COORDINATION. ALL THREE DEPARTMENTS, IT HAS BEEN SAID, I BELIEVE, BY YOUR COUNSEL, ARE RESPONSIBLE. YOU CANNOT HAVE THAT AND HAVE AN EFFECTIVE PROGRAM BECAUSE THEY ARE INTERWOVEN. THERE IS ENERGY IN THE MUNICIPAL SOLID WASTE STREAMS. THERE ARE RECOVERABLE RESOURCES WHICH ARE NOT BEING FULLY RECOVERED. THERE IS A HAZARD IN THE WAY SOLID WASTE CAN AND HAS BEEN HANDLED. HOWEVER, THERE IS THE CHALLENGE TO COORDINATE THAT OVERALL WASTE PROBLEM THAT EXISTS IN THIS COUNTRY IN SUCH A WAY THAT WE WILL MAXIMIZE THE ECONOMICS FROM IT, WHICH EMBRACES, OF COURSE, MATERIAL AND ENERGY AS WELL AS PROTECTING OUR ENVIRONMENT.

MR. MADIGAN. I HAVE NO OTHER QUESTIONS. THANY YOU, MR. CHAIRMAN.

MR. FLORIO. MR. SANTINI.

MR. SANTINI. I READ YOUR STATEMENT AND THOUGH IT WAS A WELL CONSIDERED AND THOUGH OUT STATEMENT IN VIEW OF THE MAGNITUDE OF THE PROBLEM YOU ARE AEDRESSING. I WONDER, AS I VIEW ON PAGE 5 YOUR CONCLUSION:

WE ALSO URGE THAT THE COMMITTEE MAKE IT CLEAR IN ITS REPORT THAT THE SECRETARY OF COMMERCE IS EXPECTED TO BE THE FOCAL POINT IN THE EXECUTIVE BRANCH ON ALL MATTERS DEALING WITH RESOURCE CONSERVATION AND RECOVERY.

IF YOU HAVE ANY REALISTIC BASIS TO BELIEVE THAT A RECOMMENDATION OF THAT NATURE WOULD BE SUCCESSFUL OR POSITIVELY RECEIVED ON THE ADMINISTRATIVE SIDE OF THIS DECISIONMAKING.

MR. SNIDER. I CAN'T HONESTLY SAY THAT I HAVE ANY, IF YOU WILL, INSIDE INFORMATION THAT IT WOULD BE ACCEPTED. I HEARD ONE OF THE EARLIER WITNESSES HERE, AND I THINK THIS IS A PROBLEM OF MANAGEMENT OF GOVERNMENT AND MANAGEMENT OF BUSINESS. WE MAKE JUDGMENTS ON 2HO IS THE BEST LEADER, IF YOU WILL, IN A GIVEN SITUATION.

I THINK WHAT WE ARE PROPOSING AS A MECHANISM IS, DEPARTMENTALLY AS WE PERCEIVE IT IN THE FEDERAL GOVERNMENT ORGANIZATION, FROM AN INDUSTRY POINT OF VIEW -- AND AFTER ALL, IN THE FINAL ANALYSIS IT WILL BE THE PRIVATE INDUSTRY. ONE OF MY FRIENDS SAYS: I USED TO BE A JUNK DEALER AND NOW I AM A RECYCLER. WHETHER IT IS A SMALL BUSINESSMAN OR A LARGER COMPANY SUCH AS OURS, THERE WILL HAVE TO BE THE COORDINATION AND INPUT AND PERCEPTION ON THE PART OF PEOPLE SUCH AS US THAT THERE IS A PROFIT TO BE MADE, AND AT THE SAME TIME TO ASSIST IN THE SOLUTION OF A VERY REAL PROBLEM.

AS TO WHETHER THE LEADERSHIP, AND THIS PROPOSAL, THEREFORE, WOULD BE ACCEPTABLE TO THE ADMINISTRATION, I HAVE NO INSIDE INFORMATION AS TO WHETHER IT WOULD OR WOULD NOT. WE MERELY PERCEIVE THAT IT COULD BE AN EFFECTIVE COORDINATING AGENCY IF IT IS PROPERLY FUNDED. AS MR. MADIGAN SAYS, THEY HAVE NOT ASKED FOR IT, BUT WE WOULD ENCOURAGE YOU GENTLEMEN TO DIRECT THAT FUNDING.

MR. SANTINI. AT YOUR PRIVATE OR REPRESENTATIVE JUDGMENT IS THAT THE AGENCY BEST ABLE TO IMPLEMENT THE SWEEPING EXPECTATIONS ABOUT THIS LAW WOULD BE THE COMMERCE DEPARTMENT VERSUS THE ENVIRONMENTAL PROTECTION AGENCY, FOR EXAMPLE?

MR. SNIDER. THAT IS WHAT WE ARE SAYING. THAT IS RIGHT. WE THINK THAT THE EPA, BY LAW AND BY DIRECTION AND BY EXPERTISE, IS AIMED MORE NARROWLY INTO THE ENVIRONMENT, IF YOU WILL. WE THINK THE DEPARTMENT OF ENERGY IS AIMED AS THE TITLE SUGGESTS.

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WY CAN THERE NOT BE, BECAUSE THERE IS A COMMERCIAL ASPECT TO THE MUNICIPAL SOLID WASTE STREAM, THE DEPARMTNET OF COMMERCE, WHOSE NAME, AGAIN, IMPLIES THAT THIS PROBLEM CAN BE DEALT WITH ON A BROAD BASIS FROM A COMMERCIAL POINT OF VIEW, WHICH WOULD, THEREFORE, BE FOR THE BEST OF THE COUNTRY AND THE BUSINESSES INVOLVED?

MR. SANTINI. I THINK THERE IS MERIT TO WHAT YOU SUGGEST, HOWEVER, IT CONFLICTS WITH THE FACT THAT THE ENVIRONMENTAL PROTECTION AGENCY HAS BEEN FAR MORE AGGRESSIVE IN PURSUING ITS LEGISLATIVE MANDATE IN THE CONTEXT OF THESE THREE OBJECTIVES WE ARE PURSUING THAN EITHER OF THE TWO OTHER AGENCIES.

ENERGY IS STILL TRYING TO FIGURE OUT WHERE ITS OFFICE BUILDING IS LOCATED. COMMERCE, QUITE CANDIDLY, HAS SIMPLY PLACED IT IN SUCH A LOW PRIORITY -- AS EVIDENCED BY THE NONEXISTENT BUDGET AND FUNDS ALLOCATED FOR IT -- THAT THEY OBVIOUSLY DON'T REGARD IT A MATTER OF NATIONAL PRIORITY INTEREST IN TERMS OF THEIR AGENCY'S OPERATION.

IT SEEMS TO ME INHERENTLY SELF-DEAFEATING TO RECOMMEND THAT AN AGENCY THAT HAS ALREADY ASSIGNED IT A DEATH KNELL STATUS TAKE OVER THE IMPLEMENTATION OF IT. I CERTAINLY AGREE WITH THE OBSERVATIONS YOU AND OTHER WITNESSES HAVE MADE BEFORE THE COMMITTEE. THERE IS A BREAKDOWN IN COORDINATION. THERE IS, AS THE CHAIRMAN CHARACTERIZED IT, A SITUATION IN WHICH THE LEFT HAND DOESN'T KNOW WHAT THE RIGHT HAND IS DOING.

I AM JUST A LITTLE BEMUSED AND BEWILDERED AS TO HOW THIS COMMITTEE COULD PROVIDE ANY RECTIFICATION OF THAT OBVIOUS DILEMMA. IT IS THERE. HOW COULD THIS COMMITTEE ALSO HAVE AN OBJECTIVE DEPARTMENT LIKE THE DEPARTMENT OF STATE COMING IN AND TAKING IT OVER?

MR. FLORIO. IF THE GENTLEMAN WOULD YIELD, I THINK IT MIGHT BE IMPORTANT TO HAVE THE DEPARTMENT OF STATE INVOLVED. I HAVE NOTED FROM OTHER EARLIER WITNESSES THAT IT HAS TAKEN 3 YEARS TO OBTAIN INTERAGENCY AGREEMENTS, AND SINCE MR. BEGIN AND MR. SADAT DIDN'T TAKE THAT LONG TO COME TO AN AGREEMENT, PERHAPS THE DEPARTMENT OF STATE MIGHT BE BETTER ABLE TO FACILITATE THE NEGOTIATIONS WHICH TAKE PLACE BETWEEN THE AGENCIES.

MR. SANTINI. WITH THAT OBSERVATION, HYPERBOLE OR NO, WE ARE REALLY UP AGAINST CONFLICTING MISSION SITUATIONS. COMMERCE HAS ITS OWN MISSION, EPA HAS ITS MISSION, ENERGY IS STILL DEFINING ITS MISSION, AND I DON'T KNOW THAT THIS COMMITTEE BY RECOMMENDATION COULD WAVE THE MAGIC WAND THAT WOULD PRODUCE THE DESIRED BALANCED IMPLEMENTATION YOU ARE REACHING FOR. I JUST SHARE MY STRUGGLE, MY ANALYTICAL STRUGGLE, WITH YOU BECAUSE I DON'T KNOW WHAT THE DEVIL TO DO.

MR. SNIDER. WE DO UNDERSTAND. IN FACT, WE KNOW THAT MADAM KREPS HAS RESPONDED FAVORABLE TO SOME LETTERS REQUESTING THAT THE DEPARTMENT OF COMMERCE TAKE A MORE ACTIVE ROLE. WE ALSO UNDERSTAND THAT THERE HAVE BEEN PAST REQUESTS FOR FUNDS THROUGH THE OMB AND THAT THEY HAVE BEEN DENIED. AGAIN, I WOULD PERHAPS SAY TO YOU GENTLEMEN THAT I PERCEIVE THAT YOU HAVE THE POWER TO INVESTIGATE THOSE TWO FACTS AND TO DETERMINE IF, IN FACT, THERE IS MORE DESIRE ON THE PART OF THE DEPARTMENT OF COMMERCE THAN THAT WHICH IS PERCEIVED HERE THIS MORNING.

MR. SANTINI. THANK YOU, MR. SNIDER, FOR YOUR TESTIMONY.

MR. SNIDER. THANK YOU.

MR. FLORIO. MR SNIDER, LET ME JUST CONCLUDE BY SAYING IT IS THE INTENTION OF THE CHAIRMAN, I THINK WITH THE CONCURRENCE OF THE SUBCOMMITTEE, TO REEMPHASIZE THE RESOURCE RECOVERY COMPONENT OF THE TOTAL PROBLEM, AS HAS BEEN INDICATED BY A NUMBER OF WITNESSES.

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/1/ THE NATIONAL ASSOCIATION OF COUNTIES (NACO) WAS FOUNDED IN 1935 AS THE NATIONAL SPOKESMAN FOR COUNTIES, TO SERVE AS A LIAISON BETWEEN COUNTY GOVERNMENTS AND OTHER LEVELS OF GOVERNMENT AND TO IMPROVE THE UNDERSTANDING OF THE ROLE OF COUNTIES IN THE FEDERAL SYSTEM.

EPA LEGITIMATELY REGARDS ITS PRIMARY MISSION AS THE PUBLIC HEALTH ASPECT OF SOLID WASTE DISPOSAL CONSIDERATIONS; DOE, ENERGYWISE.

THE DEPARTMENT OF COMMERCE SHOULD BE THE AGENCY THAT DEALS WITH RECYCLING AND PUTTING THE PRIVATE SECTOR INTO THE EQUATION AT A MUCH GREATER EXTENT. I THINK THERE IS A NEED FOR A GREATER DEGREE OF BALANCE. IT IS VERY EASY TO WALLOW AROUND IN FRUSTRATION. WE ALL FEEL UNCONVINCED THAT WHAT THE GOVERNMENT HAS DONE UNDER THIS LAW OVER THE LAST 2 OR 3 YEARS HAS BEEN VERY PRODUCTIVE, WITH THE EXCEPTION, IN MY OPINION, OF THE HAZARDOUS WASTE AREA.

BUT YOU CAN REST ASSURED THAT SINCE EPA IS THE LEAD AGENCY, WE ARE GOING TO VERY DRAMATICALLY, AND PERHPAS VERY PUBLICLY, BE POINTING OUT TO THEM SOME OF THE SILLINESS THAT TAKES PLACE FROM TIME TO TIME. WE HOPE, THAT THIS WILL INDUCE THEM TO PULL THEMSELVES TOGETHER AND PLAY A MORE EFFECTIVE ROLE AS THE LEAD AGENCY, PARTICULARLY IN BRINGING IN THE OTHER TWO AGENCIES TO PLAY AN APPROPRIATE COORDINATED ROLE.

I JUST WANTED TO LET YOU AND EVERYONE ELSE KNOW THAT THIS COMMITTEE IS GOING TO BE IN A MUCH MORE UP-FRONT POSITION IN TRYING TO EMPHASIZE TO THE COUNTRY THE IMPORTANCE FOR DOING SOMETHING IN THIS AREA, AND PERHAPS MAKE IT A MUCH MORE VISIBLE ISSUE THAN IT HAS BEEN IN THE PAST.

WE APPRECIATE YOUR COOPERATION AND YOUR THOUGHTS THIS MORNING. AND WE ALSO LOOK FORWARD TO WORKING WITH OTHER PARTS OF THE PRIVATE SECTOR IN TRYING TO PLACE THEM INTO THE EQUATION WHERE APPROPRIATE.

THANK YOU VERY MUCH. WE APPRECIATE YOUR HELP

MR. SNIDER. THANK YOU, GENTLEMEN.

MR. FLORIO. OUR NEXT WITNESS IS MS. SONIA JOHANNSEN, SUPERVISOR OF BLACK HAWK COUNTY, IOWA, ON BEHALF OF THE NATIONAL ASSOCIATION OF COUNTIES. WE WELCOME YOU TO THE COMMITTEE AS INDICATED, YOUR STATEMENT WILL BE MADE A PART OF THE RECORD, AND WE WOULD APPRECIATE YOUR GOING FORWARD IN SUMMARY FASHION.

STATEMENT OF SONIA JOHANNSEN, ON BEHALF OF THE NATIONAL ASSOCIATION OF COUNTIES, ACCOMPANIED BY MARK CROKE, LEGISLATIVE REPRESENTATIVE

MS. JOHANNSEN. THANK YOU AND GOOD MORNING. THE NATIONAL ASSOCIATION OF COUNTIES /1/ APPRECIATES THE OPPORTUNITY TO RESPENT OUR VIEWS ON THE RESOURCE RECOVERY AND CONSERVATION ACT OF 1976, AND WE VERY MUCH THANK THE SUBCOMMITTEE FOR CONDUCTING THESE HEARINGS.

BACKGROUND

AMERICAN COUNTIES ARE THE MAIN PROVIDERS OF SOLID WASTE MANAGEMENT SERVICES. IN FACT, A 1975 SURVEY OF COUNTY GOVERMNENT FUNCTIONS INDICATED THAT OVER 70 PERCENT OF REPORTING COUNTIES ARE RESPONSIBLE FOR THE DISPOSAL OF SOLID WASTE. OF EVEN GREATER SIGNIFICANCE IS THE FACT THAT DURING THE LAST DECADE COUNTIES HAVE ASSUMED 75 PERCENT OF ALL TRANSFERS OF THE SOLID WASTE FUNCTION FROM MUNICIPAL GOVERNMENTS. THE COUNTY ROLE, WHICH HAS BEEN LARGE, CONTINUES TO GROW.

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OUR CONCERN WITH THE FUTURE OF THE RESOURCE CONSERVATION AND RECOVERY ACT, AND INDEED WITH THE FUTURE OF ALL SOLID WASTE MANAGEMENT ISSUES, COULD NOT BE CLEARER. NACO VIGOROUSLY SUPPORTED THE ENACTMENT OF THE 1976 ACT AND WE CONTINUE TO SUPPORT ITS CONCEPTS. HOWEVER, WE HAVE SERIOUS PROBLEMS WITH THE DIRECTION IN WHICH FEDERAL SOLID WASTE AND RESOURCE RECOVERY EFFORTS ARE GOING.

NACO ORIGINALLY SUPPORTED PASSAGE OF THE 1976 ACT WITH THE UNDERSTANDING THAT IT WOULD NOT BECOME MERELY AN EFFORT IN STATE PLANNING. IRIGINALLY, AND EVEN MORE SO TODAY, WE VELT THAT THE PROVISIONS OF SUBTITLE D WOULD BE IMPLEMENTATION ORIENTED. SPECIFICALLY, THE DUMP CLOSING STANDARDS AND THE PLANNING REQUIREMENTS WERE VIEWED AS NECESSARY TO INSURE NATIONWIDE UNIFORMITY AND SO AS TO NOT FAVOR ONE COMMUNITY OVER ANOTHER. HOWEVER, WE ALSO ANTICIPATED ADEQUATE RESOURCES TO MEET THIS STANDARD. THE ALLOCATION OF RESOURCES AWAY FROM COUNTIES AND TO THE STATES AND FROM SOLID WASTE INTO HAZARDOUS WASTE MANAGEMENT HAS IMPOSED ON COUNTIES, AND IN PARTICULAR RURAL COUNTIES, FEDERAL STANDARDS AND ALLOWED FEW RESOURCES TO ACHIEVE THE STANDARD.

THE DUMP-CLOSING MANDATE MAY PROVE ESPECIALLY BURDENSOME TO COUNTIES WHICH MUST CLOSE AND MAINTAIN DUMPS WHICH MAY CONTAIN HAZARDOUS WASTE. IF THE SANITARY LANDFILL CRITERIA ARE PROMULGATED AS PROPOSED, WE ANTICIPATE IMMENSE COSTS IMPOSED ALMOST OVERNIGHT FOR INSTALLATION OF LEACHATE COLLECTION AND TREATMENT SYSTEMS, MONITORING WELLS, GAS MIGRATION AND VENTING CONTROLS AND OTHER SAFEGUARDS. IF THE REGULATIONS ARE TO APPLY EQUALLY TO RURAL AND URBAN COUNTIES, AT 1-TON-PER-DAY AND 1,000-TONS-PER-DAY LANDFILLS, THEN THE RURAL COUNTIES NEED ASSISTANCE.

WHILE ASSISTANCE FOR IMPLEMENTING THE ACT IS CLEARLY NECESSARY, WE FEEL THAT IMPLEMENTATION SHOULD BE CLOSELY LINKED WITH PLANNING. HOWEVER, WE ARE DISAPPOINTED WITH THE ACTIVITY OF BOTH THE STATES AND EPA IN THIS AREA.

TOWARD IMPLEMENTATION

SUBTITLE D AS APPROVED GY THE CONGRESS IN 1976 WAS BASED ON THE PREMISE THAT THE ACTIVITITES OF LOCAL AND STATE GOVERNMENTS SHOULD BE IMPLEMENTATION ORIENTED. THE PROCESS FOR DESIGNATING SOLID WASTE PLANNING AGENCIES AT THE LOCAL LEVEL HAS BEEN LESS THAN SATISFACTORY AND THE PREPARATION OF PLANS HAS BEEN HAMPERED BY EPA'S FAILURE TO PROMULGATE SOLID WASTE PLANNING GUIDELINES.

THE LOCAL PLANNING AGENCY DESIGNATION PROCESS HAS BROUGHT SOME INTERESTING RESULTS. ALTHOUGH 8 STATES HAVE NEGLECTED TO IDENTIFY ANY LOCAL AGENCY, 32 STATES HAVE PLACED THIS RESPONSIBILITY EITHER WITH A STATE OR SUBSTATE REGIONAL AGENCY OR SOME COMBINATION OF THE TWO. IN EIGHT STATES, COUNTIES OR SUBSTATE AGENCIES WILL HANDLE THE PLANNING. AND IN ONLY EIGHT STATES WILL COUNTIES ALONE HAVE THE AUTHORITY TO PLAN FOR SOLID WASTE MANAGEMENT.

BY CONTRAST, IN 28 STATES EITHER COUNTIES OR JOINT COUNTY-CITY

AGENCIES WILL IMPLEMENT THE LOCAL PLANS. WE QUESTION THE WISDOM

OF HAVING SUBSTATE REGIONAL AGENCIES PREPARE PLANS THAT COUNTIES

WILL ULTIMATELY HAVE TO IMPLEMENT.

ONE OF THE REASONS WE QUESTION THIS, MR. CHAIRMAN, IS BECAUSE OF THE PUBLIC PARTICIPATION REQUIREMENTS THAT WE HAVE FOUND IN THE REGULATIONS.

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IN OUR PARTICULAR COUNTY, THIS IS GOING TO SEEMINGLY DEVISE AN ADVISORY GROUP OF SOME 200 MEMBERS FOR A SIX-COUNTY REGION, AND IT IS GOING TO BE JUST A LITTLE UNWIELDY TO HANDLE.

IT ALMOST GOES WITHOUT SAYING, MR. CHAIRMAN, THAT THOSE LOCAL GOVERNMENTS WHICH WILL IMPLEMENT SOLID WASTE PLANS ARE BEST SITUATED TO DO REALISTIC PLANNING.

IN MANY STATES, THE DESIGNATION OF STATE OR REGIONAL AGENCIES WAS MADE BY THE STATE GOVERNMENT WITHOUT THE AGREEMENT OF OR CONSULTATION WITH COUNTY OR OTHER LOCAL ELECTED OFFICIALS.

IT ALMOST GOES WITHOUT SAYING, MR. CHAIRMAN, THAT THOSE LOCAL GOVERNMENTS WHICH WILL IMPLEMENT SOLID WASTE PLANS ARE BEST SITUATED TO DO REALISTIC PLANNING. IN 28 STATES EITHER COUNTIES OR JOINT CITY-COUNTY AGENCIES WILL BE RESPONSIBLE FOR IMPLEMENTING SOLID WASTE PLANS. BY IMPLEMENTATION WE MEAN THE ADMINISTRATION OF COLLECTION, DISPOSAL, SITING OF SANITARY LANDFILLS, RESOURCE RECOVERY, AND OTHER ACTIONS TO MEET FEDERAL REGULATIONS. REGARDLESS OF THE AGENCY DESIGNATED FOR PLANNING, IT SHOULD ONLY BE DONE WITH THE FULL AGREEMENT OF THE IMPLEMENTING BODIES, WHICH IN MOST CASES MEANS COUNTIES, AND OTHER LOCAL ELECTED OFFICIALS.

WE RECOMMEND, MR. CHAIRMAN, THAT FIRST, WHERE LOCAL ELECTED OFFICIALS WERE NOT AFFORDED THE OPPORTUNITY TO DETERMINE THE APPROPRIATE PLANNING AGENCY, THAT A REDESIGNATION PERIOD BE AUTHORIZED. SECOND, EPA SHOULD PROCEED IMMEDIATELY TO ISSUE PLANNING REGULATIONS WHICH ARE DIRECTED TO THE EXPEDITIOUS PREPARATION OF MANAGEMENT PLANS WHICH CAN SUCCESSFULLY BE IMPLEMENTED. FINALLY, EMPHASIS SHOULD BE SHIFTED DURING FISCAL 1980 TOWARD FUNDING LOCAL GOVERNMENT PLAN PREPARATION AND IMPLEMENTATION.

FURTHER RECOMMENDATIONS

IN THE 1980 BUDGET REQUEST, EPA HAS CALLED FOR A 33-PERCENT REDUCTION IN STATE PLANNING ASSISTANCE TO $10 MILLION AND A GRADUAL PHASEOUT OVER 5 YEARS. AT THE SAME TIME THE BUDGET REQUEST WAS SENT TO CAPITOL HILL, A LETTER WENT OUT TO ALL THE STATES FROM EPA WHICH SIGNALLED THE END OF THE LOCAL PLANNING PROCESS EVEN BEFORE IT GOT UNDERWAY. ASSISTANT ADMINISTRATOR JORLING LIMITED PASSTHROUGH FUNDS IN 1980 AND 1981 TO ASSISTING THE STATE WITH THE OPEN DUMP INVENTORY. AFTER 1981 COUNTIES ARE DEPENDENT ON STATE RESOURCES WHERE THE STATE IS COMMITTED TO LOCAL PLANNING. OTHERWISE THE COUNTY IS ON ITS OWN TO PLAN AND IMPLEMENT SOLID WASTE SYSTEMS. WITHOUT THE INITIAL PLANNING GRANTS, WE DOUBT THE INTENT OF THE ACT WILL EVER BE ACHIEVED.

WHILE WE SUPPORT INCREASED FUNDING FOR HAZARDOUS WASTE MANAGEMENT, WE ARE CONCERNED WITH THE SHIFT AWAY FROM SOLID WASTE MANAGEMENT WHICH FLIES IN THE FACE OF THE CONGRESSIONAL MANDATES EMBODIED IN SUBTITLE D. WE RECOMMEND THAT CONGRESS AUTHORIZE $40 MILLION FOR 3 YEARS FOR THE PLANNING PROGRAM AND EARMARK HALF THAT AMOUNT, OR $20 MILLION, FOR LOCAL PLANNING.

THE MANDATE TO CLOSE OR UPGRADE ALL OPEN DUMPS WILL HIT MANY COUNTIES WITH DRAMATIC COST INCREASES. RURAL COUNTIES IN PARTICULAR NEED SPECIAL IMPLEMENTATION ASSISTANCE. WE RECOMMEND THAT YOU RETAIN SECTION 4009 OF THE ACT BUT BROADEN THE ELIGIBILITY CRITERIA TO COVER ALL NONURBAN COUNTIES WHICH DO NOT HAVE THE FINANCIAL RESOURCES TO CONVERT TO SANITARY LANDFILL PRACTICES. WE FEEL THE EXISTING AUTHORIZATION OF $25 MILLION PER YEAR IS SUFFICIENT.

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WE ANTICIPATE THE GREATEST NEED IN RURAL COUNTIES WILL BE FOR TECHNICAL SERVICES TO CLOSE DUMPS AND SITE NEW LANDFILLS. BY CORRECTING EXISTING PROBLEMS AND PREVENTING FUTURE PROBLEMS, THE MONEY WILL BE WELL SPENT. IN ORDER TO STRETCH THE FUNDS AS FAR AS POSSIBLE, CONGRESS COULD RESTRICT SECTION 4009 GRANTS TO TECHNICAL SERVICES.

URBAN COUNTIES ARE ALSO UNDER PRESSURE, NOT ONLY FROM THE DUMP CLOSING MANDATE AND SANITARY LANDFILL REGULATIONS, BUT FROM A RAPIDLY DIMINISHING LANDFILL CAPACITY AND SCARCITY OF ADEQUATE NEW SITES. URBAN COUNTIES HAVE SHOWN THEIR INTEREST IN RESOURCE RECOVERY THROUGH THE COMMITMENT OF MILLIONS OF DOLLARS OF LOCAL FUNDS TO THE PLANNING AND CONSTRUCTION OF NEW FACILITIES. IN ADDITION, THE RESPONSE FROM COUNTIES TO THE PRESIDENT'S URBAN POLICY GRANTS PROGRAM WAS ENTHUSIASTIC. WE FORESEE EVEN GREATER DEMAND NEXT YEAR. THE $13.9 MILLION EPA REQUESTED FOR 1980 IS OT SUFFICIENT TO MEET THE DEMAND. WE SUGGEST EPA SET UP A LOAN GUARANTEE PROGRAM AS A SEPARATE MECHANISM TO ASSIST PROJECTS WHICH USE PROVEN TECHNOLOGY. THE DOMONSTRATION GRANT PROGRAM SHOULD REMAIN AT THE AUTHORIZED LEVEL OF $15 MILLION PER YEAR. HOWEVER, IF THE RESOURCE RECOVERY ASPECTS OF THE ACT ARE EVER TO BE REALIZED, THE $15 MILLION AUTHORIZATION IS CLEARLY INADEQUATE.

WE STRONGLY RECOMMEND AN ACCELERATED RESEARCH AND DEVELOPMENT EFFORT IN RESOURCE RECOVERY WHICH WOULD INCLUDE SOURCE SEPARATION AND OTHER SMALL-SCLAE APPROACHES, AND WHICH WOULD EMPHASIZE THE MARKETING OF RECOVERED RESOURCES. WE FAVOR RESEARCH INTO THE PROBLEMS THAT EXISTING PLANTS ARE HAVING. WE FEEL AN EMPHASIS ON PROBLEM SOLVING WITH EXISTING TECHNOLOGIES WILL REAP THE LARGEST DIVIDEND.

NACO POLICY

THE ISSUES I HAVE DISCUSSED HAVE BEEN CONSIDERED AT LENGTH BY NACO'S ENVIRONMENT AND ENERGY STEERING COMMITTEE ON WHICH I SERVE. AT OUT LAST MEETING EARLY THIS MONTH, WE ADOPTED A RESOLUTION ON SOLID AND HAZARDOUS WASTE MANAGEMENT WHICH WAS THEN ADOPTED BY THE NACO BOARD OF DIRECTORS. WITH YOUR PERMISSION, I WOULD LIKE TO REQUEST THAT THIS RESOLUTION BE MADE PART OF THE RECORD.

MR. FLORIO. WITHOUT OBJECTION.

MS. JOHANNSEN. I FEEL THAT IT SUMMARIZES OUR MAJOR CONCERNS AND INDICATES THE DIRECTION WE WOULD LIKE TO SEE FEDERAL PROGRAMS TAKE.

THIS CONCLUDES MY FORMAL REMARKS. I WOULD VERY MUCH LIKE TO EXPRESS MY APPRECIATION AND TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.

(THE FOLLOWING MATERIAL WAS RECEIVED FOR THE RECORD.)

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WHEREAS, THE DUMP CLOSING MANDATE AND SANITARY LANDFILL REGULATIONS AUTHORIZED BY THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 WILL HAVE A SEVERE IMPACT ON RURAL COUNTIES; AND

WHEREAS, STATES ARE REQUIRING COUNTIES TO DEVELOP SOLID WASTE PLANS WITHOUT PROVIDING FINANCIAL ASSISTANCE TO HELP PREPARE SUCH PLANS; AND

WHEREAS, MANY LANDFILLS AND DUMPS CONTAINING HAZARDOUS WASTE POSE A SERIOUS THREAT TO HUMAN SAFETY AND HEALTH; THEREFORE, BE IT

RESOLVED, THE CONGRESS SHOULD:

PROVIDE FINANCIAL AND TECHNICAL ASSISTANCE TO RURAL COUNTIES TO MEET REGULATIONS PROMULGATED UNDER THE ACT;

PROVIDE FINANCIAL ASSISTANCE TO COUNTIES TO PREPARE AND IMPLEMENT SOLID WASTE MANAGEMENT PLANS;

ESTABLISH A FEDERAL FUND TO MITIGATE AND CORRECT POLLUTION PROBLEMS CAUSED BY HAZARDOUS WASTE DISPOSAL;

ESTABLISH A FEDERAL MECHANISM WHICH WOULD PROVIDE LONG-TERM INSPECTION, MAINTENANCE AND LIABILITY INSURANCE FOR PERMITTED HAZARDOUS WASTE SITES;

SUPPORT THE RESEARCH AND DEVELOPMENT OF TECHNOLOGIES, WHICH, THROUGH NEUTRALIZATION, DESTRUCTION OR RECOVERY PROCESSES, REDUCE THE NEED FOR HAZARDOUS WASTE LANDFILL DISPOSAL CAPACITY;

PROVIDE CONTINUED FINANCIAL AND TECHNICAL SUPPORT FOR COUNTY RESOURCE RECOVERY PROJECTS; AND

INTENSIFY TECHNICAL RESEARCH AND MARKET DEVELOPMENT FOR RECOVERED RESOURCES.

ADOPTED BY THE NACO BOARD OF DIRECTORS MARCH 13, 1979

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MR. FLORIO. THANK YOU.

MR. SANTINI.

MR. SANTINI. THANK YOU, MR. CHAIRMAN.

I DON'T KNOW, SUPERVISOR JOHANNSEN, IF YOU WERE PRESENT WHEN I SHARED SOME OF MY PRELIMINARY OBSERVATIONS WITH THE REPRESENTATIVE FROM EPA. WERE YOU?

MS. JOHANNSEN. YES; I WAS.

MR. SANTINI. YOU CAN GATHER, THAN, THAT I AM INTITIALLY SYMPATHETIC WITH THE PLIGHT OF THE COUNTIES, PARTICULARLY THE RURAL COUNTIES, IN THIS CONTEXT.

MS. JOHANNSEN. I MIGHT SHARE AN EXAMPLE IN OUR AREA WITH YOU. WE HAVE A CHEMICAL LABORATORY ABOUT 100 MILES TO THE NORTH OF US. THEY HAVE BEEN DEPOSITING A LARGE AMOUNT OF THEIR WASTE FOR 10 OR 15 YEARS. THEY HAVE A SITE APPROXIMATELY 15 ACRES, AND IT HAS BEEN FILLED SOMETHING LIKE 100 FEET DEEP. WE ARE NOW FINDING 100 MILES TO THE SOUTH, TRACES OF THESE CHEMICALS IN OUR WATER. THE COMPANY IS WORTH ABOUT $5 MILLION.

EPA HAS ESTIMATED IT IS GOING TO TAKE $50 MILLION TO CLEAN THE THING UP. THE COUNTY HAS A POPULATION OF ABOUT 25,000 PEOPLE AND CERTAINLY NOT ANYWHERE NEAR AN ABILITY WITH THE PROPERTY TAX TO CLEAN THAT UP.

MR. SANTINI. I CERTAINLY REALIZE THE FISCAL DILEMMA CREATED HERE. OUR NEVADA RURAL SITUATION MAY BE SOMEWHAT MORE AGGRAVATED, PERHAPS, THAN OTHERS IN THE NATION, GIVEN THE VERY LIMITED PRIVATE PROPERTY TAX BASE ON WHICH ALL SERVICES OF COUNTY GOVERMENT ARE PROVIDED, INCLUDING ROADS, SEWAGE, HOSPITALS, LAW ENFORCEMENT AND FIRE PORTECTION.

IT JUST SEEMS AN INCREDIBLE ADDITIONAL BURDEN, AT LEAST TO SOME OF OUR RURAL COUNTY REPRESENTATIVES WHO HAVE FOR MANY, MANY YEARS BEEN OPERATING ON EXTREMELY LIMITED BUDGETS, TO NOW BE REQUIRED TO PUT IN A SANITARY LANDFILL WHICH MIGHT COST A QUARTER OF A MILLION DOLLARS. THIS IS MORE THAN THEIR ANNUAL BUDGET.

IN THE EXAMPLE THAT I SHARED, $50 MILLION WOULD CERTAINLY BE MANY TIMES OVER THAT PARTICULAR COUNTY'S BUDGET CAPACITY TO RESPOND. HAS NACO BEEN AT ALL SUCCESSFUL IN THEIR APPEALS TO THE DEPARTMENT OF COMMERCE TO ENLIST THEIR INTEREST IN THIS SUBJECT AREA?

MS. JOHANNSEN. THAT I CANNOT TELL YOU, BUT WE HAVE ONE OF OUR STAFF MEMBERS HERE AND PERHAPS HE CAN ANSWER THAT FOR YOU.

MR. CROKE. FOR THE RECORD, MY NAME IS MARK CROKE AND I AM A LEGISLATIVE REPRESENTATIVE WITH TEH NATIONAL ASSOCIATION OF COUNTIES. OUR CONCERN SO FAR HAS NOT REALLY ADDRESSED ITSELF TO THE DEPARTMENT OF COMMERCE'S ROLE IN SOLID WASTE. WE HAVE BEEN MORE CONCERNED WITH EPA'S ACTIONS, AND THE EXISTENCE OF THESE FEDERAL MANDATES WHICH IMPOSE THESE COSTS ON COUNTY GOVERNMENTS, AND PARTICULARLY RURAL GOVERNMENTS.

THE EXTENT OF THIS PROBLEM, NOT ONLY IN NEVADA AND A LOT OF RURAL AREAS, IS SUCH THAT WE REALLY HAVE NOT HAD THE OPPORTUNITY TO CONCENTRATE ON WHAT COMMERCE'S ROLE HAS BEEN. WE ARE MERELY TRYING TO HELP OUR PEOPLE GET OVER THIS BURDEN WHICH WE SEE AS IMPOSED BY THE FEDERAL GOVERNMENT.

MR. SANTINI. WERE YOU PRESENT THIS MORNING WHEN MR. STEFFEN PLEHN, DEPUTY ASSISTANT ADMINISTRATOR OF THE OFFICE OF SOLID WASTE, TESTIFIED?

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MR. CROKE. YES, SIR, WE WERE.

MR. SANTINI. I SHARED THIS ISSUE WITH HIM. ESSENTIALLY HE RESPONDED THAT IT WAS A MATTER OF STATE PLANNING DIRECTION AND THAT THEREFORE THE STATE COULD MITIGATE OR MODERATE THE PLAN TO RECOGNIZE THE LOCAL GOVERNMENT INTEREST. I WOULD APPRECIATE YOUR RESPONSE TO THAT TESTIMONY.

MS. JOHANNSEN. THE STATES, OF COURSE, ARE DEVELOPING A STATEWIDE PLAN BECAUSE THEY HAVE BEEN DIRECTED BY THE FEDERAL GOVERNMENT TO DO SO. THEY DO NOT ALWAYS INCLUDE THE LOCAL GOVERNMENT'S IDEAS OF WHAT A STATE PLAN MIGHT INCLUDE OR COULD POSSIBLE IMPLEMENT. SO WE DO HAVE SOMETHING OF A COORDINATION PROCESS THERE, I GUESS, ALL OF THE WAY UP AND DOWN THE LINE.

MR. FLORIO. WOULD THE GENTLEMAN YIELD?

MR. SANTINI. YES.

MR. FLORIO. WELL, ISN'T THAT JUST AN INDICATION THAT THE LOCALITIES AND COUNTIES SHOULD PERHAPS LEAN ON THE STATES IN TERMS OF HAVING MORE INPUT INTO THE PROCESS? MAYBE MY BIAS IS COMING FROM A RELATIVELY SMALL STATE GEOGRAPHICALLY SPEAKING, BUT I AM NOT OFFENDED BY PUTTING A LOT OF EMPHASIS ON THE STATE CORRDINATION ROLE. I HAVE SEEN TOO MANY, PARTICULARLY IN THE AREA OF SEWAGE TREATMENT FACILITIES, MUNICIPALITIES OR COUNTIES BECOME INVOLVED IN PLANNING IN A DISJOINTED WAY, AND WE DON'T SEE PROPER REGIONAL COORDINATION.

LIKEWISE WHEN WE ARE TALKING ABOUT FACILITIES THAT ARE GOING TO ENTAIL SOME EXPENDITURE OF MONEY, AND THAT REQUIRES THE ABILITY TO DRAW UPON A FAIRLY LARGE AREA FOR THE CONSTANT STREAM OF SOLID WASTES, BUT YOU ALMOST CANNOT BY DEFINITION DO THAT ON A TOWN BY-TOWN BASIS OR EVEN A COUNTY BASIS. SO THAT, IF IN FACT THE STATE DOES NOT PAY ATTENTION TO THE MUNICIPALITIES IN FORMULATING ITS PLAN, THIS ALMOST BECOMES A POLITICAL PROBLEM, BECAUSE YOU HAVE INAPPROPRIATE OR INSENSITIVE STATE OFFICIALS.

BUT I REALLY DON'T HAVE ANY DIFFICULTIES WITH THE CONCEPT OF UTILIZING THE STATE FOR THE OVERALL PLANNING MECHANISM IN TERMS OF FORMULATING WHAT IS THE APPROPRIATE ALLOCATION OF RESOURCES FOR SOLID WASTE TREATMENT OR DISPOSAL FACILITIES. IS THERE SOMETHING I AM MISSING IN THIS WHOLE EQUATION?

MS. JOHANNSEN. WE ARE FORTUNATE IN IOWA BECAUSE WE HAVE AN EXCELLENT RELATIONSHIP WITH BOTH OUR REGIONAL COUNSELS AND WITH OUR STATE PLANNING DEPARTMENT. NOT EVERYONE HAS THAT. I QUESS AREAS SEEM TO CAUSE PROBLEMS IN SIZE AND IN TOPOGRAPHY.

MR. FLORIO. DON'T THE STATES HAVE THE INFORMATION?

MS. JOHANNSEN. EVEN THOUGH YOU ARE A STATE AND THE BORDERS ARE THERE, YOU DON'T ALWAYS PARTICULARLY RELATE. SOMETIMES IT IS CROSS-CONNECTIONS WITH DIFFERENT STATES, THE AREAS THAT YOU FIT INTO, JUST LIKE YOU DO WITH A WATER SYSTEM OR A WATER BASIN. AND PEOPLE SEEM TO LOCATE IN PARTICULAR AREAS AND SOLID WASTE SEEMS TO LOCATE IN AREAS LIKE THAT, TOO. HAZARDS SEEM TO CAUSE PROBLEMS, AGAIN, BECAUSE LIKE THIS PARTICULAR LANDFILL I MENTIONED, THE MIGRATION IS GOING TO FOLLOW THE TOPOGRAPHY OF THE LAND AND THE WATER STREAM, NOT THE STATE LINE. SO IT TAKES MORE COORDINATION THAN JUST ONE STATE.

MR. FLORIO. DOESN'T IT DICTATE ON THE SIDE OF GOING EVEN BEYOND THE STATES?

MS. JOHANNSEN. YES, IT DOES, IN MANY CASES.

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MR. FLORIO. SO RATHER THAN GOING THE OTHER WAY BY PROVIDING AUTHORITY AT THE LOCAL OR COUNTY LEVEL TO FURMULATE PLANS, WHAT WE SHOULD BE TALKING ABOUT IS, AT A MINIMUM, SOME STATE ORGANIZATION, AND PERHAPS BISTATE ORGANIZATIONS, INTERSTATE COMPACTS, AND THINGS OF THAT SORT.

MR. CROKE. MR. CHAIRMAN, IF I COULD ADD A LITTLE BIT TO THAT, THE NATIONAL ASSOCIATION OF COUNTIES, BY ADVOCATING A STRONGER ROLE UNDER RCRA FOR LOCAL GOVERNMENTS, IS NOT SAYING THAT THE REGIONAL APPROACH IS A BAD ONE OR EVEN THAT THE REGIONAL APPROACH MIGHT PERHAPS BE THE PREFERRED APPROACH IN MOST AREAS.

WHAT WE ARE SAYING IS THAT THOSE PEOPLE WHO ARE GOING TO HAVE TO PUT THE PLAN IN OPERATION, WHICH ARE THE COUNTIES AND LOCAL GOVERNMENTS, SHOULD BEGIN THIS PLANNING PROCESS AND SHOULD BEGIN TO MAKE THE INITIAL ASSESSMENT WHERE THE INFORMATION AND WHERE THE SOLID WASTE PROBLEM CURRENTLY IS, AND THEN BUILD TO A REGIONAL LEVEL FROM THERE, PARTICULARLY IN THE AREA OF RESOURCE RECOVERY.

AS THE TESTIMONY TODAY HAS INDICATED AND AS I AM SURE THE CHAIR IS QUITE AWARE, THE ECONOMICS OF RESOURCE RECOVERY ARE BEST OPERATED ON A LARGE SCALE OR REGIONAL BASIS IN MOST CASES, UNLESS YOU ARE TALKING ABOUT A HIGHLY URBANIZED AREA. CONSEQUENTLY, A COUNTY IN A RURAL AREA WHICH WENT TO LOOK AT RESOURCE RECOVERY WOULD AS A MATTER OF COURSE HAVE TO LOOK ON A REGIONAL BASIS, AND FROM THAT WOULD GROW REGIONAL COOPERATION.

AS THE TESTIMONY TODAY HAS INDICATED AND AS I AM SURE THE CHAIR IS QUITE AWARE, THE ECONOMICS OF RESOURCE RECOVERY ARE BEST OPERATED ON A LARGE SCALE OR REGIONAL BASIS IN MOST CASES, UNLESS YOU ARE TALKING ABOUT A HIGHLY URBANIZED AREA. CONSEQUENTLY, A COUNTY IN A RURAL AREA WHICH WENT TO LOOK AT RESOURCE RECOVERY WOULD AS A MATTER OF COURSE HAVE TO LOOK ON A REGIONAL BASIS, AND FROM THAT WOULD GROW REGIONAL COOPERATION.

BUT IN TOO MANY CASES WE ARE SEEING WHERE A REGIONAL BODY IS ORIGINALLY DESIGNATED, PREPARES A PLAN, AND WHEN THE PLAN GOES TO BE IMPLEMENTED, IT BEARS LITTLE RELATION TO WHAT IS ACTUALLY HAPPENING IN THE COUNTIES AND MUNICIPALITIES. SO, WHAT WE ARE ADVOCATING IS TO REVERSE THAT PROCESS, BEGIN YOUR PLANNING AT THE LOCAL LEVEL AND THEN REGIONALIZE, PERHAPS, YOUR SOLUTIONS. PERHAPS THE IMPLEMENTATION PART OF IT SHOULD BE REGIONALIZED AND THE PLANNING BEGUN AT THE LOCAL LEVEL.

MS. JOHANNSEN. I WOULD LIKE TO FOLLOW UP ON THAT, MR. CHAIRMAN, JUST AS MY OWN PRIVATE FEELING. I ALSO SERVED AS THE MAYOR IN MY CITY FOR THREE TERMS. IT IS A VERY SMALL CITY OF 2,000 PEOPLE. WE HAVD A DUMPING OPERATION WHICH WAS A VERY FEW TONS PER DAY, LIKE 15 TONS PER DAY. NOW, THE GUIDELINES AND STANDARDS DEVELOPED ON THE FEDERAL LEVEL FOR A LANDFILL THAT DEALS WITH 15 TONS A DAY ARE EXACTLY THOSE FOR THOSE WHICH DEAL WITH 1,500 TONS PER DAY, BUT THE PROBLEM IS NOT NEARLY THE SAME.

IF YOU BURY A QUANTITY OF 15 TONS A DAY, YOU DON'T NEARLY ACQUIRE THE DESNSITY OR HAZARD FROM THE LEACHATE BECAUSE IN THE TIME FRAME THAT THIS DISSOLVES, THE CONCENTRATION IS NOT NEARLY GREAT ENOUGH. AND THE TIME FRAME THAT ENTERS INTO THE DECOMPOSITION KIND OF DEALS WITH SOME OF THE HAZARD IN ITSELF. BUT NO ONE HAS EVER DONE ANYTHING ABOUT CHANGING THOSE STANDARDS, AND THAT IS ONE OF THE THINGS THAT I THINK MIGHT HELP US TO DEAL WITH THE PROBLEM IN RURAL AS OPPOSED TO URBAN TYPES OF COMMUNITIES. BUT UNTIL WE CAN GET THE RURAL PEOPLE INVOLVED IN THE PLANNING WITH THEIR OPERATION THEY HAVE VERY FEW STAFF TO DEAL WITH THEIR WHOLE OPERATION, AS YOUR PEOPLE WELL KNOW. THEY HAVE FEW RESOURCES. THEY SIMPLY DON'T HAVE ANYONE TO PUT ALL THIS INFORMATION TOGETHER FOR THEM, TO REALLY IDENTIFY WHERE THE PROBLEMS ARE.

SOMEHOW THE STATES DON'T SEEM TO DO THIS BECAUSE THEY ARE USED TO WORKING WITH, AGAIN, LARGE NUMBERS OF STAFF PEOPLE.

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THEY LOOK AT THE MORE POPULOUS AREAS TO BEGIN WITH, AND SO THE RURAL SOLUTIONS DON'T SEEM TO COME OUT.

MR. FLORIO. IF THE GENTLEMAN WOULD YIELD FOR ONE RELATED QUDSTION, DOES YOUR ORGANIZATION HAVE ANY EXPERIENCE WITH THE RESOURCE CONSERVATION AND RECOVERY PANELS OF EPA WHICH, BY THE TERMS OF THE STATUTE, ARE TO PROVIDE FEDERAL AGENCIES, STATES AND LOCAL GOVERNMENTS UPON REQUEST WITH TECHNICAL ASSISTANCE ON SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY AND CONSERVATION?

SUCH TEAMS SHALL INCLUDE TECHNICAL, MARKETING, FINANCIAL, AND INSTITUTIONAL SPECIALISTS, AND THE SERVICES OF SUCH TEAMS SHALL BE PROVIDED WITHOUT CHARGE TO STATE AND LOCAL GOVERNMENTS. HAS THERE BEEN ANY EXPERIENCE WITH THESE PANELS?

MS. JOHANNSEN. YES. WE EVIDENTLY HAVE SEVERAL PANELS PER YEAR, AND MY OWN COUNTY PEOPLE ARE GOING TO BE MEETING WITH SOME OF THE PEOPLE SOMETIME IN THIS NEXT MONTH.

MR. FLORIO. HAS THAT BEEN A HELPFUL EXPERIENCE?

MS. JOHANNSEN. I HAVE NOT PERSONALLY MET WITH ANY OF THEM.

MR. CROKE. YES. THE ASSOCIATION DOES ABOUT 30 OF THESE PEER MATCH PANELS A YEAR, AND OUR EXPERIENCE FOR THE MOST PART HAS BEEN VERY FAVORABLE. IT HAS BEEN VERY USEFUL.

MR. FLORIO. THANK YOU.

MR. SANTINI. I CERTAINLY EMPHATICALLY CONCUR WITH THE THRUST AND DIRECTION OF ONE OF YOUR PRINCIPAL RECOMMENDATIONS, THAT THE IMPORTANT FEEDBACK FROM THE COUNTY AND LOCAL GOVERNMENT LEVEL CERTAINLY SHOULD BE HEIGHTENED. I THINK IT IS PARTICULARLY IMPERATIVE WHEN YOU ARE DEALING WITH COUNTIES OF LOW POPULATION. THESE ARE BIG PROBLEM SITUATIONS. THE MAYOR SOMETIMES HAS TO TYPE HIS OWN LETTERS. THE CHAIRMAN OF ON THE BOARD OF COUNTY COMMISSIONERS JUST THROWS UP HIS HANDS AND SAYS: "MY GOD, HERE COMES THE FEDERAL GOVERNMENT AGAIN AT US FROM A DIFFERENT DIRECTION."

IN WHITE PINE COUNTY, NEV., SOME OF THE RESIDENTS PERCEIVE IT AS A CONSTITUTIONAL ENTITLEMENT TO TAKE OUT THEIR OWN GARBAGE TO THE GARBAGE DUMP AND PUT IT THERE. THEY ARE DOING IT AND THEIR FATHER DID IT AND THEIR GRANDFATHER DID IT. AND LOCAL GOVERNMENT, COUNTY COMMISSION AND CITY BOTH, IN THE MORE ISOLATED RURAL AREAS ARE REALLY BESET WITH A TREMENDOUS PROBLEM. CREATING A MANDATORY GARBAGE PICKUP AND DISPOSAL PROGRAM WOULD NOT ONLY VIOLATE THE CONSTITUTION, AT LEAST IN THEIR MINDS, BUT ADDITIONALLY INCREASE COSTS. THE INCREASED COST AND THE INCREASED INVOLVEMENT OF LOCAL GOVERNMENT IN THIS ROLE OF GARBAGE DISPOSAL IS JUST COMPLETELY ANATHEMA. THEY CANNOT PERCEIVE WHY IT IS AN IMPERATIVE.

I DO THINK THAT MANY OF THE PLANNERS AND THE RULE AND REGULATION MAKERS LOSE SIGHT OF THIS VERY REAL POLITICAL PROBLEM THAT YOU HAVE TO GRAPPLE WITH AT THE COUNTY LEVEL. IN SOME STATES WHICH HAVE A SENSITIVITY AND ARE ATTUNED TO THEIR LOCAL GOVERNMENTS, IT CAN WORK VERY WELL. CONVERSELY, IN OTHER STATES WHERE THE STATE IS USED TO DOING ITS OWN THING AND TO A LARGE EXTENT IGNORING THE SMALL POPULATION CENTERS OF THE STATE, IT CREATES CONSIDERABLE DIFFICULTIES.

OUR STATE HAS BEEN ABLE TO MODERATE IT, BUT IT IS BY AND LARGE DUE TO THE FACT THAT WITH ONLY 700,000 PEOPLE IN THE ENTIRE STATE, YOU CAN ACCOMPLISH CERTAIN PRACTICAL ENDS WHICH WOULD BE IMPOSSIBLE IF YOU WERE DEALING WITH A MUCH LARGER POPULATION.

ONE OF YOUR OTHER BASIC RECOMMENDATIONS IS -- STATED IN THE

EUPHEMISM USED ON PAGE 2: "WE ALSO ANTICIPATE ADEQUATE RESOURCES TO

MEET THIS STANDARD." THE ADEQUATE RESOURCES YOU ARE REFERRING

TO ARE DOLLARS, AND THE DOLLAR DILEMMA BESETS EACH AND EVERY

AGENCY OF GOVERNMENT THESE DAYS.

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MS. JOHANNSEN. BUT THE PROBLEM IS, SIR, WHEN YOU MANDATE THINGS, THE RESOURCES NEED TO FOLLOW WITH THEM. AS YOU WELL KNOW IN YOUR OWN AREA, THERE ARE NOT ANY OTHER RESOURCES TO BE DEVELOPED. IN THE STATE OF IOWA, WE HAVE A LIMITATION ON THE DOLLAR FACTOR WE CAN RAISE IN A SUCCEEDING YEAR. IF YOU MANDATE SOMETHING, WE ARE LEFT WITH WHERE TO GET IT. WE CUT OUT SOMETHING WHENEVER YOU MANDATE SOMETHING ELSE.

MR. SANTINI. SUPERVISOR JOHANNSEN, IT IS SO MUCH EASIER TO WRITE THE LAW THAN RAISE THE MONEY.

MS. JOHANNSEN. BUT WE ARE LIMITED BY THE LAW IN RAISING THE MONEY. IT IS NOT THAT WE WOULDN'T DO IT OTHERWISE.

MR. SANTINI. I DON'T KNOW THAT ADDITIONAL FUNDING WOULD BE A REALISTIC EXPECTATION. I CAN WELL UNDERSTAND YOUR PLEA FOR IT. I THINK THE EMPHASIS THAT YOU PLACED ON THE INCREASED ROLE OF COUNTY REPRESENTATION IN THE STATEWIDE DECISIONMAKING, HOWEVER, SHOULD BE A PRACTICAL RESULT.

TO YOUR KNOWLEDGE, DOES THE 1976 ACT MANDATE THE ROLE WHICH LOCAL GOVERNMENT IS TO PLAY IN THE RULE AND REGULATION IMPLEMENTATION AT THE STATE LEVEL?

MS. JOHANNSEN. WE WERE TO BE INCLUDED, AND IT SEEMS TO ME THAT WHEN WE DID GET NOTICE OF PLANNING, THAT WE GOT NOTICE OF HEARINGS ON THE PLAN ONE DAY BEFORE THE HEARINGS WERE GOING TO BE HELD, WHICH MAKES IT A LITTLE DIFFICULT TO GET MUCH TO THEM.

MR. SANTINI. YOUR INDIVIDUAL IOWA EXPERIENCE WAS THAT THE ROLE IN DRAFTING THE RULES AND REGULATIONS OF THE LOCAL GOVERNMENTWS RATHER SUPERFICIAL AT BEST?

MS. JOHANNSEN. WELL, I GUESS THE TIMEFRAME WAS JUST TOO SHORT TO GET THE JOB DONE. WE WERE ABLE TO WORK WITH OUR PEOPLE IN IOWA AND GET IT TAKEN CARE OF, BUT I AM NOT SURE ALL OF THE OTHER STATES HAVE THAT SAME GOOD RELATIONSHIP.

MR. SANTINI. IN YOUR TESTIMONY YOU INDICATE THAT IN EIGHT STATES THE LOCAL GOVERNMENT HAS NO ROLE. IS THAT CORRECT?

MS. JOHANNSEN. YES.

MR. SANTINI, RETURNING TO MY QUESTION, DOES THE 1976 ACT CONTAIN SPECIFIC LANGUAGE THAT WOULD EITHER MANDATE OR RECOMMEND THAT THE LOCAL GOVERNMENT HAVE A SPECIFIC ROLE IN THE DRAFTING OF RULES AND REGULATIONS?

MS. JOHANNSEN. DOES IT?

MR. CROKE. YES, IT DOES HAVE SUCH A DIRECTION; HOWEVER, IT IS VAGUE TO THE POINT OF BEING ALMOST USELESS, IN THAT A STATE CAN SHOW ANY TYPE OF A PUBLIC HEARING, OR NOTICE 1 DAY IN ADVANCE AS SUFFICIENT TO HAVING INVOLVED LOCALS.

MR. FLORIO. IF THE GENTLEMAN WOULD YIELD, IT SEEMS TO ME THE APPROPRIATE REMEDY IS TO CONTACT EPA, AND IN THE CERTIFICATION PROCESS, AS EPA IS REQUIRED TO CERTIFY THE STATE PLAN, IF THE POINT IS MADE THAT THE ROLE OF THE LOCALITIES AS REQUIRED UNDER STATE LAW HAS NOT BEEN HONORED IN ANY BUT THE MOST SUPERFICIAL WAY, IT WOULD BE AN APPROPRIATE POINT TO RAISE WHEN EPA IS CERTIFYING THE STATE PLAN.

MR. CROKE. WE APPRECIATE THAT AND WE DO WORK WITH EPA, AND WE INTEND TO BEAT THEM ABOUT THE HEAD QUITE A BIT ABOUT THIS POINT.

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A NUMBER OF STATES HAVE TRIED TO TAKE ACTION TO PASS THROUGH FUNDS TO LOCAL GOVERNMENTS WHICH EPA HAS STOPPED. PARTICULARLY OHIO AND NORTH CAROLINA COME TO MIND AS TWO STATES WHICH WANTED TO PASS PLANNING FUNDS THROUGH TO THEIR LOCAL GOVERNMENTS AND EPA WOULD NOT ALLOW THEM TO GET INVOLVED THAT DIRECTLY IN THE PLAN.

SO, IT IS AS IF THEY HEAR US BUT THEY DON'T HEAR US. THEY ARE WILLING TO ALLOW SOME KIND OF LOCAL ROLE, BUT THE TYPE OF ROLE, EVEN IN THESE CASES, WHERE THE STATE PERCEIVES LOCAL GOVERNMENT SHOULD EXERCISE, EPA HAS DECIDED NOT TO ALLOW.

MR. SANTINI. IT WOULD SEEM TO ME THAT AT THE VERY LEAST, GIVEN YOUR TESTIMONY AND RECOMMENDATIONS, THAT THIS COMMITTEE COULD COMMUNICATE DIRECTLY WITH THE ENVIRONMENTAL PROTECTION AGENCY, URGING THAT ON THE BASIS OF THE EVIDENCE YOU SHARED WITH US, IT WOULD BE MOST APPROPRIATE FOR THE ENVIRONMENTAL PROTECTION AGENCY ITSELF TO SCRUTINIZE INDIVIDUAL STATE PLANS TO INSURE THAT THERE IS A MEANINGFUL ROLE IN A CONSULTING VEIN AFFORDED THE COUNTY AND LOCAL GOVERNMENT ENTITIES WHO ARE GOING TO HAVE THE RESPONSIBILITY, AS YOU DESCRIBED IN YOUR TESTIMONY, OF IMPLEMENTING EVERYTHING MANDATED. AND IF EIGHT STATES HAVE ACTUALLY EXCLUDED ANY LOCAL GOVERNMENT, THEN THERE IS CERTAINLY A CONTRADICTION OF THE SPIRIT OF THE LEGISLATIVE ENACTMENT IF NOT THE LETTER OF THAT ENACTMENT. IT SHOULD BE RECTIFIED.

MS. JOHANNSEN. WE WOULD CERTAINLY APPRECIATE THE COMMITTEE'S DOING THAT.

MR. SANTINI. MR. CHAIRMAN, WOULD THAT BE APPROPRIATE, IN YOUR JUDGEMENT?

MR. FLORIO. YES, A COMMUNICATION TO EPA REQUESTING WHAT THEIR POLICY IS WITH REGARD TO THIS. IF YOU WOULD SEE FIT TO PROVIDE US WITH THE NAMES OF THE EIGHT STATES, WE COULD SPECIFICALLY REQUEST AN EVALUATION BY EPA IN THOSE SPECIFIC INSTANCES.

MR. SANTINI. THANK YOU, MR. CHAIRMAN.

MR. FLORIO. WE CERTAINLY THANK YOU VERY MUCH FOR YOUR TESTIMONY, FOR YOUR ASSISTANCE, AND WE LOOK FORWARD TO WORKING WITH YOUR ORGANIZATION AS WE ATTEMPT TO IMPROVE THIS LAW. THANK YOU.

MS. JOHANNSEN. WE APPRECIATE THE OPPORTUNITY TO BE HERE.

MR. FLORIO. OUR LAST TWO WITNESSES WILL BE PART OF A PANEL. THE PARTICIPANTS ARE MR. EUGENE WINGERTER, WHO IS THE EXECUTIVE DIRECTOR OF THE NATIONAL SOLID WASTE MANAGEMENT ASSOCIATION, AND MR. EDWARD MERRIGAN, COUNSEL FOR THE NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES. GENTLEMEN, WE WELCOME YOU TO THE COMMITTEE.

AS WAS STATED WITH THE OTHER WITNESSES, WE HAVE COPIES OF YOUR FULL STATEMENT. THOSE STATEMENTS WILL BE MADE A PART OF THE RECORD, AND WE ASK YOU TO PROCEED IN A SUMMARY FASHION SO THAT WE CAN CONCLUDE TODAY'S BUSINESS. WE ASK YOU TO IDENTIFY YOURSELF FOR THE RECORD, AS WELL AS YOUR COLLEAGUE, AND PROCEED AS YOU SEE FIT.

MR. WINGERTER.

STATEMENT OF EUGENE J. WINGERTER, EXECUTIVE DIRECTOR,

NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION,

ACCOMPANIED BY CHARLES JOHNSON, TECHNICAL DIRECTOR,

AND EDWARD L. MERRIGAN, COUNSEL, NATIONAL ASSOCIATION

OF RECYCLING INDUSTRIES, INC.

MR. WINGERTER. THANK YOU, MR. CHAIRMAN.

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I AM EUGENE WINGERTER, EXECUTIVE DIRECTOR OF THE NATIONAL SOLI1 WASTES MANAGEMENT ASSOCIATION. WITH ME TODAY IS DR. CHARLES JOHNSON, TECHNICAL DIRECTOR OUR ASSOCIATION. WE WOULD BOTH LIKE TO SHARE OUR REMARKS IN SUMMARY FASHION WITH THE COMMITTEE.

MR. FLORIO. THANK YOU.

MR. WINGERTER. FIRST LET ME SAY THAT WE FEEL THE BASIC COMPOSITION OF THE RESOURCE CONSERVATION AND RECOVERY ACT IS SOUND AND THAT THE ACT SHOULD BE IMPORVED AND EXTENDED FOR ANOTHER 3 YEARS. WE WOULD LIKE TO FOCUS OUR COMMENTS THIS MORNING ON TWO ELEMENTS OF THE ACT, SUBTITLE D AND SUBTITLE C. I WILL SUMMARIZE BRIEFLY OUR CONCERNS ABOUT SUBTITLE D FIRST.

IT IS OUR IMPRESSION THAT THE OPEN DUMP INVENTORY AS CONCEIVED BY THE CONGRESS IN 1976 CONSIDERED APPROXIMATELY 20,000 DISPOSAL SITES THROUGHOUT THE UNITED STATES AND ENVISIONED A KIND OF WINDSHIELD SURVEY OF THESE SITES IN AN ATTEMPT TO IDENTIFY THE OPEN DUMPS AND INTIIATE ACTIONS THAT WOULD LEAD TO THE CLOSURE OR UPGRADING OF THESE DUMPS.

SINCE THAT TIME, I THINK EPA AS WELL AS THE STATES HAVE GAINED A BROADER INSIGHT INTO THE SCOPE OF THE POPULATION OF LAND DISPOSAL SITES COVERED UNDER SUBTITLE D, AND TODAY I THINK WE ARE LOOKING AT A NUMBER ON THE ORDER OF 100,000, POSSIBLY UP TO 200,000 SITES IF WE INCLUDE ALL OF THE INDUSTRIAL PITS, PONDS AND LAGOONS THAT WOULD QUALIFY AS LAND DISPOSAL SITES UNDER SUBTITLE D.

WE RECOMMEND AT THIS TIME THAT BECAUSE OF THE COMPLEXITY OF THE CRITERIA FOR INSPECTING THESE SITES AND THE LARGE NUMBER OF SITES, THAT THE CONGRESS DIRECT EPA TO FIRST IDENTIFY THE TOTAL POPULATION OF LAND DISPOSAL SITES THAT WOULD BE ENCOMPASSED UNDER SUBTITLE D. WE DO NOT HAVE THIS TOTAL CENSUS OR TOTAL POPULATION AT THIS TIME.

ONCE THE TOTAL POPULATION IS IDENTIFIED, THEN THE SITES SHOULD BE PRIORITIZED IN TERMS OF THE DEGREE OF THREAT THEY PRESENT TO THE ENVIRONMENT AND THE PUBLIC. ONCE THE PRIORITIZATION IS COMPLETE, THEN THE SURVEY CAN GET UNDER WAY AND THE SITES SHOULD BE INSPECTED AND CLASSIFIED IN ACCORDANCE WITH THE PRIORITIZATION SCHEME.

IF SUCH AN APPROACH IS NOT DEVELOPED, WE FEEL THERE IS A STRONG LIKELIHOOD THAT MANY OF THE SITES WHICH POSE SERIOUS THREATS TO THE ENVIRONMENT MAY NEVER ACTUALLY BE INSPECTED IN THE SURVEY. THE PRIORITIZATION SCHEME WOULD OFFER A CHANCE TO HAVE THE UNIFORM AND CONSISTENT SURVEY DEALING WITH THE MOST CONSISTENT PROBLEMS IN THEIR ORDER OF IMPORTANCE.

PERHAPS MORE IMPORTANT TO OUR COMMENTS THIS MORNING ARE THE RECOMMENDATIONS WE WISH TO MAKE WITH THE SUBTITLE C PROGRAM. FIRST, LET ME SAY WE WERE ENTHUSED WITH THE ANACTMENT OF THE SUBTITLE C PROGRAM, AND WE FEEL THAT IT OFFERS FOR THE FIRST TIME A NATIONAL PROGRAM FOR REGULATING HAZARDOUS WASTES FROM CRADLE TO GRAVE. THERE ARE SEVERAL TECHNICAL AMENDMENTS WHICH SHOULD BE CONSIDERED FOR SUBTITLE C, AND ONE MAJOR AMENDMENT.

I WOULD LIKE TO FOCUS ON THE MAJOR AMENDMENT FIRST, WHICH ADDRESSES THE QUESTION OF THE FINANCIAL RESPONSIBILITY FOR HAZARDOUS WASTE SITES DURING THE POST-CLOSURE PERIOD. EPA HAS PROMULGATED REGULATIONS THAT ADDRESS FINANCIAL RESPONSIBILITY DURING THE OPERATING PERIOD FOR SITES PERMITTED UNDER THE ACTS. THESE REGULATIONS REQUIRE THE ESTABLISHMENT OF A CLOSURE FUND, A CLOSURE TRUST FUND, AS WELL AS A TRUST FUND THAT WOULD BE AVAILABLE TO MONITOR AND MAINTAIN THESE SITES DURING THE POSTCLOSURE PERIOD.

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BUT EPA FOR THE PAST 2 YEARS HAS LOOKED TO THE PRIVATE INSURANCE INDUSTRY AS A POTENTIAL SOURCE OF LIABILITY COVERAGE FOR THESE SITES ONCE THEY ARE CLOSED. I THINK IT HAS BECOME EVIDENT IN THE LAST FEW MONTHS TO EPA, AS WELL AS TO THOSE IN THIS FIELD, THAT THERE IS NO PRIVATE INSURANCE INDUSTRY AVAILABLE TO COVER THE LONG-TERM LIABILITY OF CLOSED HAZARDOUS WASTE SITES.

FOR THIS REASON, OUR ASSOCIATION DEVELOPED A PROPOSAL WHICH WOULD CREATE A FEDERAL LIABILITY INSURANCE FUND PAID FOR ENTIRELY BY PRIVATE MONEY CONTRIBUTED THROUGH THE OPERATION OF THE HAZARDOUS WASTE SITES PERMITTED UNDER THE ACT. THIS FUND WOULD BE A FUND AVAILABLE TO PROTECT THE PUBLIC IN PERPETUITY SHOULD THERE BY ANY DAMAGES, BOTH TO PROPERTY OR TO PERSONS, OCCURRING AS A RESULT OF SOME UNFORESEEN OR INADVERTENT ACTION THAT MIGHT OCCUR AT THESE SITES DURING THE CLOSURE PERIOD.

THE FUND WOULD BE AVAILABLE ONLY FOR THE SITES PERMITTED UNDER THE ACT. IT WOULD NOT INCLUDE ABANDONED SITES OR SITES WHICH WERE NOT QUALIFIED TO HAVE SUCH A PERMIT. THE OTHER ASPECT OF THE PROPOSAL, WHICH I WILL APPEND TO MY TESTIMONY THIS MORNING IF I MAY, SIR, AS WELL AS THE RECOMMENDATIONS IN THE GAO REPORT ISSUED IN DECEMBER OF LAST YEAR THAT ADDRESSED THIS QUESTION.

THE OTHER ASPECT I THINK IS MOST IMPORTANT FOR CONSIDERATION AT THIS TIME IS THAT WITHOUT SUCH A FUND, THERE WILL BE NO MECHANISM TO PROTECT THE PUBLIC IN PERPETUITY OR IN THE LONG TERM, IF I CAN USE THAT TERM, FROM THE SITES THAT WILL BE PERMITTED UNDER THE PROGRAM. IT IS THE MISSING LINK OR THE MISSING GAP IN THE LEGISLATION AS WE SEE IT.

I WOULD LIKE TO ASK DR. JOHNSON IF HE WOULD ALSO COVER THE OTHER AMENDMENTS UNDER SUBTITLE C.

(TESTIMONY RESUMES ON P. 308.)

(MR. WINGERTER'S PREPARED STATEMENT FOLLOWS:)

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STATEMENT OF EUGENE J. WINGERTER, EXECUTIVE DIRECTOR, NATIO SOLID WASTE MANAGEMENT ASSOCIATION

GOOD MORNING, MR. CHAIRMAN AND MEMBERS OF THE COMMITTEE. MY NAME IS EUGENE J. WINGERTER. I AM EXECUTIVE DIRECTOR OF THE NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION, THE TRADE ASSOCIATION REPRESENTING MORE THAN 2,000 PRIVATE COMPANIES ENGAGED IN THE COLLECTION, PROCESSING AND DISPOSAL OF SOLID WASTE AND HAZARDOUS WASTE. I AM GRATEFUL FOR THIS OPPORTUNITY TO SHARE WITH YOU THE PERSPECTIVE OF THE WASTE MANAGEMENT INDUSTRY ON THE FUTURE DIRECTIONS OF FEDERAL WASTE MANAGEMENT LEGISLATION.

ALTHOUGH IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 HAS FALLED BEHIND ITS STATUTORILY-IMPOSED TIMETABLE, THE PROSPECT OF A CONSTRUCTIVE FEDERAL PROGRAM WITH POSITIVE REINFORCEMENT TO SOUND WASTE MANAGEMENT PROGRAMS HAS PROMOTED BETTER WASTE MANAGEMENT PRACTICES IN THIS COUNTRY. THE ACT SHOULD BE IMPROVED AND EXTENDED FOR ANOTHER THREE YEARS, AT LEAST.

THE MORE RAPIDLY WE CAN ASSURE THE IMPLEMENTATION OF MODERN DISPOSAL TECHNIQUES, THE SOONER WE CAN PUT BEHIND US THE ENVIRONMENTAL INSULT WHICH SOME PAST PRACTICES HAVE INFLICTED. WE READ IN THE PAPERS AND SEE ON TV THE STORIES ABOUT THE LOVE CANAL AND THE VALLEY OF THE DRUMS. THE U.S. ENVIRONMENTAL PROTECTION AGENCY TELLS US THAT THERE ARE OTHER EXAMPLES OF BLATANT MISMANGEMENT WHICH ARE YET TO COME TO PUBLIC ATTENTION.

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LET US REMEMBER THAT RCRA IS TO ASSURE THAT THESE PAST PRACTICES OF MISMANAGEMENT ARE NOT PERPETUATED INTO THE FUTURE. THE SOONER WE CAN ASSURE THAT CURRENTLY-GENERATED WASTES ARE DIRECTED TO PROPER TREATMENT AND DISPOSAL FACILITIES, THE SOONER WE CAN ASSURE THE PEOPLE OF THE UNITED STATES THAT WE HAVE A PROGRAM IN PLACE WHICH WILL PROTECT BOTH THEIR LIVING ENVIRONMENT AND THEIR STANDARD OF LIVING AND LIFESTYLES. WE STRONGLY URGE THE COMMITTEE TO PRESS FORWARD WITH THE RCRA PROGRAM AND NOT DILUTE ITS ESSENTIAL ELEMENTS STRICT ENVIRONMENTAL STANDARDS FOR ALL DISPOSAL AND THE REGULATORY PROGRAM FOR HAZARDOUS WASTES -- BY SHARING THE LIMITED RESOURCES AVAILABLE WITH OTHER LOWER PRIORITY PROGRAMS.

THERE ARE SEVERAL AREAS WHICH WE FEEL CONGRESS SHOULD ADDRESS LEGISLATIVELY AS PART OF THE REAUTHORIZATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT. I WILL MENTION FOUR AREAS TODAY AND WOULD BE HAPPY TO WORK WITH YOU AND YOUR STAFF IN ADDRESSING ANY OF THE ISSUES WHICH YOU FEEL MAY REQUIRE AN AMENDMENT TO THE PRESENT LEGISLATION.

LET ME FIRST ADDRESS THE PROBLEMS WHICH HAVE RISEN IMPLEMENTING SUBTITLE D. IT SHOULD NOT BE SURPRISING THAT THE U.S. EPA HAS FAILED TO COMPLY WITH THE STATUTORY DEADLINES OF RCRA. IN 1976, THE UNIVERSE OF THE PROBLEM WAS GENERALLY CONCEIVED TO BE ABOUT 20,000 DISPOSAL SITES. THE CONCEPT OF AN INVENTORY WAS CONCEIVED AS A "WINDSHIELD SURVEY," THAT IS, A SURVEY BASED ON SUPERFICIAL, VISUAL INSPECTIONS, WHICH WOULD DTTERMINE SUCH THINGS AS LITTER CONTROL, ACCESS LIMITATION, AND COVER PRACTICES. BUT THE DEFINIITIONS AND THE MANDATE OF RCRA HAS NECESSITATED A MUCH LARGER AND MORE COMPLEX IMPLEMENTATION EFFORT.

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NEVERTHELESS, SIGNIFICANT PROGRESS HAS BEEN MADE. DETAILED CRITERIA DETERMINING ACCEPTABLE DISPOSAL PRACTICES ARE VERY NEARLY READY. GUIDELINES FOR IMPLEMENTATION OF STATE PROGRAMS ARE ALSO NEARLY READY TO GO. AND, THE EVALUATION PROCEDURE FOR TESTING SITES TO DETERMINE THEIR ENVIRONMENTAL SUITABILITY IS BEING DEVELOPED.

THE STATE SOLID WASTES MANAGEMENT PROGRAMS,, DURING THE SAME PERIOD HAVE BEEN IMPROVING DRAMATICALLY. AMONG THE 14,392 DISPOSAL SITES ACCEPTING MUNICIPAL REFUSE, ONLY ABOUT 3,000 WILL NEED TO BE UPGRADED OR CLOSED ACCORDING TO A JANUARY, 1979, SURVEY OF NATIONAL DISPOSAL PRACTICES CONDUCTED BY WASTE AGE MAGAZINE.

THE BUDGETS AND REGULATORY CAPACITY OF STATE SOLID WASTES AGENCIES IS IMPROVING RAPIDLY, IN PART AS A RESPONSE TO THE ANTICIPATED RESPONSIBILITIES WHICH STATES WILL UNDERTAKE AS PART OF THE RCRA PROGRAM.

INSTEAD OF THE ORIGINAL 20,000 SITES WHICH MOST EXPERTS FELT WOULD BE INCLUDED IN THE RCRA PROGRAM, THE U.S. EPA PRESENTLY CALCULATES THAT BETWEEN 100,000 AND 200,000 FACILITIES WILL BE COVERED. THE DRAMATIC INCREASE RESULTS FROM THE INCLUSION OF INDUSTRIAL PITS, PONDS AND LAGOONS AS DISPOSAL SITES FOR WASTES DEFINED UNDER RCRA WHICH MUST BE INCLUDED IN THE REGULATORY PROGRAM. EVEN THIS ENORMOUS NUMBER MIGHT BE CONSIDERED BY ONE WHO HAS READ THE STATUTE CLOSELY AS A CONSERVATIVE INTERPRETATION OF EPA'S RESPONSIBILITIES. UNDER THE ACT, EPA WAS DIRECTED TO UPGRADE "OPEN DUMPS." THE TERM "OPEN DUMP" MEANS ANY FACILITY OR SITE WHERE SOLID WASTE IS DISPOSED OF WHICH IS NOT A SANITARY LANDFILL . . .AND WHICH IS NOT A FACILITY FOR DISPOSAL OF HAZARDOUS WASTES."

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THIS COULD BE TAKEN TO INDICATE THAT EVERY ACRE OF CIVILIZED AMERICA, CERTAINLY INCLUDING THE STREETS OF EVERY AMERICAN CITY, IS A CANDIDATE FOR LISTING AS AN "OPEN DUMP." EPA HAS ADOPTED A MORE LIMITED INTERPRETATION OF CONGRESSIONAL INTENT, BUT THE SCOPE OF THE INVENTORY IS SO LARGE THAT PRIORITIES MUST BE ESTABLISHED.

THE VAST GOALS AND THE LIMITED RESOURCES AVAILABLE TO IMPLEMENT THE RCRA PROGRAM, HOWEVER, POINT OUT THE ESSENTIAL SHORTCOMING OF THE SUBTITLE D PROGRAM. THE PRINCIPLE INTENT OF SUBTITLE D IS TO ASSURE THAT ALL WASTES BE HANDLED IN AN ENVIRONMENTALLY APPROVED MANNER. WE FEEL THAT THE ORIGINAL LEGISLATION SHOULD BE AMENDED TO REFLECT CONGRESSIONAL PRIORITIES ON WHICH THE EPA SHOULD BE DIRECTED TO FOCUS ITS RESOURCES. SPREAD TOO THINLY, THE PROGRAM WILL CONTINUE TO BE BOGGED DOWN IN PAPERWORK AND UNABLE TO ACHIEVE ITS OBJECTIVES. WITHOUT PROVIDING VASTLY INCREASED RESOURCES, IT WOULD BE BOTH UNFAIR AND UNREALISTIC TO EXPECT THE EPA TO COMPLETE AN INVENTORY OF EACH AND EVERY LAND DISPOSAL SITE IN THE NATION WITH AN EQUAL THOROUGHNESS.

THE INVENTORY PROCESS IS ALREADY FAR BEHIND SCHEDULE. WE SUGGEST THAT CONGRESS TAKE STEPS IN THE REAUTHORIZATION OF RCRA TO ACCELERATE THE PROCESS OF CLOSING OPEN DUMPS BY ATTACKING THE PROBLEM WHERE THEY ARE MOST SERIOUS FIRST.

CONGRESS SHOULD REDIRECT THE INVENTORY BY AMENDING THE CHARGE GIVEN TO EPA IN THE MATTER OF LISTING ALL OPEN DUMPS. RATHER, EPA SHOULD BE DIRECTED TO PUBLISH A LIST OF ALL LAND DISPOSAL SITES IN THE NATION. THIS WOULD ENTAIL NO JUDGMENT AS TO WHETHER THE SITE MET THE CRITERIA FOR BEING CLASSIFIED AN ACCEPTABLE SANITARY LANDFILL. NEXT, CONGRESS SHOULD DIRECT EPA TO ESTABLISH PRIORITIES BASED ON THE POTENTIAL THREAT WHICH EACH SITE REPRESENTS.

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THE CRITERIA WOULD BE USED TO RANK ALL SITES WITHIN EACH STATE IN THE ORDER OF THEIR GREATEST POTENTIAL THREAT TO LEAST POTENTIAL THREAT. AGAIN, THIS RANKING WOULD REPRESENT NO JUDGMENT ON THE ADEQUACY OF THE SITE IN MEETING THE ESTABLISHED ENVIRONMENTAL STANDARDS. THE PRIORITIES WOULD, RATHER, BE BASED ON SUCH FACTORS AS THE GEOLOGY AND HYDROLOGY OF THE SITE, THE SIZE AND REMAINING LIFE OF THE FACILITY, THE PROXIMITY OF THE FACILITY TO PEOPLE, AND THE TYPES OF WASTES WHICH ARE DEPOSITED IN THE FACILITIES. SUCH A RANKING OF PRIORITIES IN PRESENTLY BEING DEVELOPED BY EPA AS PART OF ITS STUDY OF LAGOONS IN CONNECTION WITH THE SAFE DRINKING WATER ACT. THE FINAL STEP, THEN, WOULD BE TO HAVE THE EPA DIRECT THAT THE INVENTORY BE CONDUCTED WITHIN EACH STATE IN PRIORITY ORDER, FIRST SURVEYING THOSE SITES WITH THE GREATEST POTENTIAL THREAT WHILE RESERVING LESS THREATENING FACILITIES FOR LATER IN THE INVENTORY PROCESS.

AMENDMENTS ALONG THIS LINE WOULD ASSURE THAT THE PROCESS COULD PROCEED QUICKLY. A LIST OF ALL SITES IN MOST STATES COULD BE COMPILED IMMEDIATELY FROM EXISTING RECORDS SINCE PUBLICATION OF SUCH A LIST WOULD NOT ENTAIL JUDGMENT OF ANYTHING OTHER THAN THAT THE FACILITY ACCEPTS DEFINED SOLID WASTES. PROVISION COULD BE MADE FOR CITIZENS TO ADD SITES TO THE LIST. SUCH AN AMENDMENT WOULD ALSO MAXIMIZE THE COST-BENEFIT IMPACT OF THE INVENTORY BY ADDRESSING THE MOST POTENTIALLY SERIOUS SITUATIONS FIRST; ASSURING THE PUBLIC THAT THE SURVEY HAS DIRECT BENEFITS TO THEM. ALSO, SINCE EPA IS ALREADY DEVELOPING THE CRITERIA FOR DETERMINING PRIORITIES AS PART OF ITS IMPLEMENTATION EFFORT UNDER THE SAFE DRINKING WATER ACT, AND SINCE THE CRITERIA FOR ESTABLISHING WHETHER A FACILITY IS AN "OPEN DUMP" OR A "SANITARY LANDFILL" IT CAN REASONABLY BE EXPECTED THAT EPA COULD CARRY OUT SUCH AN ALTERED PROGRAM WITHOUT ANY UNDUE DELAY.

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SUCH AN ALTERATION OF THE APPROACH TO THE OPEN DUMP INVENTORY WOULD ALSO PROTECT THE INTEGRITY OF THE PROCESS FROM ANY FURTHER BUDGETARY CONSTRAINTS WHICH MIGHT BE IMPOSED BY EITHER CONGRESS OR THE ADMINISTRATION.

LET ME TURN MY ATTENTION NOW FOR A FEW MOMENTS TO THE QUESTION OF THE HAZARDOUS WASTES PROGRAM UNDER SUBTITLE C. I WOULD LIKE TO COMMENT BRIEFLY ON THE TECHNICAL CHANGE WHICH WILL BE REQUIRED TO ENSURE FAIR TREATMENT OF NEW FACILITIES AS THEY COME ON LINE AND THEN ADDRESS TWO MORE COMPREHENSIVE CONCERNS WHICH WOULD BE APPROPRIATE TO ADDRESS IN REAUTHORIZATION OR IN A SUBSEQUENT AMENDMENT TO RCRA.

A TECHNICAL AMENDMENT TO RCRA TO WHICH I REFERRED CONCERNS THE "INTERIM STATUS" PROVISIONS OF SECTION 3005(E). THAT SECTION ACCORDS INTERIM STATUS TO "ANY PERSON WHO 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" (EMPHASIS ADDED). THE PROBLEM IS THAT A NUMBER OF NEW FACILITIES WHICH WE EXPECT WILL SATISFY THE FINAL REQUIREMENTS OF RCRA HAVE COME INTO EXISTENCE SINCE OCTOBER 21, 1976. THE PRESENT LANGUAGE OF SECTION 3005(E) WOULD DENY INTERIM STATUS TO SUCH SITES. THIS MEANS THAT, FOLLOWING PROMULGATION OF THE REGULATIONS (AT THE END OF THIS YEAR), THOSE FACILITIES WOULD HAVE TO MAKE APPLICATION FOR A RCRA PERMIT AND CLOSE THEIR DOORS FOR A PERIOD OF AT LEAST ONE YEAR AND POSSIBLY AS MANY AS 3-5 YEARS WHILE THEIR PERMIT APPLICATION GO THROUGH THE PROTRACTED PROCEDURE REQUIRED TO SECURE APPROVAL. THE PROBLEM COULD BE PARTICULARLY PRONOUNCED IN THE STATE OF CALIFORNIA WHERE SEVERAL NEW AND GOOD FACILITIES HAVE BEEN OPENED IN THE LAST TWO YEARS.

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WE SUGGEST THAT CONGRESS RECTIFY THIS SITUATION BY AMENDING SECTION 3005(E) TO EXPEND INTERIM STATUS TO ANY PERSON WHO OPERATES A FACILITY WHICH IS IN EXISTENCE ON THE DATE OF PROMULGATION OF THE FINAL REGULATIONS. SUCH AN AMENDMENT WOULD BE ENTIRELY WITHIN THE INTENT OF CONGRESS IN ENACTING RCRA.

IN ANOTHER AREA, IT HAS NOW BECOME OBVIOUS, AFTER TWO AND A HALF YEARS EXPERIENCE WITH RCRA, THAT THERE IS A GAP IN THE PUBLIC PROTECTION AFFORDED BY SECTION 3004(6) REQUIRING HAZARDOUS WASTES FACILITIES TO ASSURE FINANCIAL RESPONSIBILITY. EPA, IN ACCORDANCE WITH RCRA, HAS DEVELOPED PROPOSED REGULATIONS ASSURING THAT OPERATORS OF HAZARDOUS WASTES FACILITIES HAVE THE FINANCIAL WHEREWITHAL TO DEAL WITH PROBLEMS WHICH THEIR FACILITIES MIGHT CAUSE. THESE REGULATIONS INCLUDE REQUIREMENTS THAT COMPANIES HAVE SUFFICIENT RESERVES TO COVER DAMAGES AND CORRECTIVE ACTIONS DURING THE FACILITY'S OPERATING LIFE AND REQUIREMENTS THAT EACH OPERATOR CREATE A TRUST FUND TO ASSURE TAHT MONIES BE AVAILABLE INTO THE FUTURE TO PAY THE COST OF ROUTINE CARE OF MAINTENANCE OF THE SITE. EPA HAD HOPED THAT COMPANIES COULD BE REQUIRED TO PURCHASE INSURANCE AGAINST ANY ENVIRONMENTAL DAMAGES WHICH THESE FACILITIES MIGHT CAUSE IN THE FUTURE, BUT, WE NOW KNOW, THAT SUCH INSURANCE IS UNAVAILABLE FROM COMMERCIAL COMPANIES AND UNLIKELY TO BE OFFERED IN THE FUTURE.

THE PUBLIC DESERVES THIS PROTECTION. WHILE WE EXPECT THAT THE NEW AND STRINGENT REGULATIONS OF RCRA WILL LARGELY PREVENT ANY FUTURE INCIDENTS SUCH AS THE LOVE CANAL, WE ALSO KNOW THAT THE UNEXPECTED SOMETIMES OCCURS. IT IS CONCEIVABLE THAT THINGS THAT WE DO NOT KNOW ABOUT WASTES TODAY MIGHT RESULT IN THE EVENTUAL DISCHARGE OF CONTAMINANTS FROM EVEN THE SITES WHICH WE DEEM SUPERIOR BY TODAY'S STANDARDS. WE DO NOT EXPECT THAT THIS WILL BE THE CASE.

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ON THE OTHER HAND, HANDLING THESE HAZARDOUS WASTES IA A SOCIETAL IMPERATIVE. IT MAKES ABSOLUTELY NO ECONOMIC SENSE, AND NO ENVIRONMENTAL SENSE TO DESIGN A MULTITIDE OF FACILITIES TO HANDLY THESE WASTES. THAT MEANS THAT CERTAIN COMMUNITIES WILL BE ASKED TO HOST DISPOSAL FACILITIES WHEREIN SOCIETY CAN ASSURE THAT ITS WASTES ARE PROPERLY MANAGED. SOCIETY AS A WHOLE OWES THESE COMMUNITIES EVERY ASSURANCE THAT IN THE EVENTUALITY THAT FUNDS WILL BE REQUIRED TO CORRECT ENVIRONMENTAL DAMAGE OR COMPENSATE VICTIMS OF ANY TOXIC DISCHARGE, THAT THOSE FUNDS WILL BE AVAILABLE AND FORTHCOMING. RCRA DOES NOT CONTAIN PROVISIONS WHICH PROVIDE THIS ASSURANCE.

WE RECOMMEND THAT YOU AMEND RCRA TO CREATE A NATIONAL HAZARDOUS WASTES INSURANCE FUND ADMINISTERED BY THE FEDERAL GOVERNMENT BUT FUNDED BY CONTRIBUTIONS FROM THOSE WHO MANAGE HAZARDOUS WASTES. WE HAVE DEVOTED CONSIDERABLE TIME AND ATTENTION TO DEVELOPING THIS PROPOSAL AND DISCUSSING IT WITH INDUSTRY AND ENVIRONMENTAL GROUPS AND THE U.S. EPA. AFTER A CAREFUL STUDY OF THIS PROBLEM, THE U.S. GENERAL ACCOUNTING OFFICE REPORTED TO THE CONGRESS THAT IT RECOMMENDED LEGISLATIVE CREATION OF A FUND MODELED ON THAT WHICH WE HAVE DEVELOPED. I WILL APPEND A COPY OF THE GAO REPORT AND A SUMMARY AND COMPLETE TEXT OF PROPOSED LEGISLATION TO ACCOMPLISH THIS OBJECTIVE TO MY WRITTEN STATEMENT AND ASK YOUR PERMISSION THAT IT BE MADE PART OF THE PERMANANT RECORD OF THIS HEARING.

CREATION OF SUCH A FUND WHICH WOULD BE AVAILABLE TO PAY, WITHOUT LIMIT, THE DAMAGES WHICH MIGHT BE AWARDED BY THE COURTS OR BY THE ADMINISTRATOR OF THE FUND WILL GO A LONG WAY TOWARDS REASSURING CITIZENS LIVING NEAR THESE FACILITIES THAT THEY ARE PROTECTED NOT ONLY BY THE STRINGENT STANDARDS WHICH THESE FACILITIES WILL BE REQUIRED TO MEET, BUT BY THE FINANCIAL CAPACITY TO REDRESS ANY DAMAGES WHICH MAY OCCUR.

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I WOULD LIKE TO RE-EMPHASIZE THAT THESE FUNDS WILL BE ENTIRELY OFF-BUDGET, CONTRIBUTED BY OUR INDUSTRY AND THAT THIS PROPOSAL ENTAILS NO FINANCIAL OUTLAY BY THE FEDERAL GOVERNMENT NOR ANY RESIDUAL LIABILITY TO THE GOVERNMENT. IN THE EVENT THAT CLAIMS MADE AGAINST THE FUND EXHAUST AVAILABLE MONIES, THE FUND ADMINISTRATOR WILL BORROW MONEY AT INTEREST AND INCREASE THE SURCHARGE TO REPLENISH THE FUND AND REPAY ANY BORROWED MONIES.

AS THE SAME GAO REPORT NOTES, THE SECOND "SERIOUS QUESTION THAT

NEEDS TO BE RESOLVED" CONCERNING DISPOSAL OF HAZARDOUS WASTES IS

THAT OF FINDING A MEANS TO BRING THE NECESSARY FACILITIES INTO

BEING. NO MATTER HOW STRICT THE REGULATORY PROGRAM TRACKING WASTES

"CRADLE TO GRAVE," IF THERE IS NO PROPERLY DESIGNED FACILITY

TO RECEIVE THE WASTES, THE ENTIRE PROGRAM WILL FAIL. COMPLICATING

THE MATTER, THIS HAS BECOME A SORT OF CHECKEN AND EGG SITUATION.

LACKING FACILITIES, THERE IS LITTLE INCENTIVE TO CREATE THE

MANIFEST SYSTEM AND DEDICATE DOLLARS TO ENFORCING THE TRACKING

PROGRAM. ON THE OTHER HAND, LACKING AN EFFECTIVE ENFORCEMENT

PROGRAM, THERE IS LITTLE INCENTIVE TO MAKE THE MULTI-MILLION

DOLLAR INVESTMENT IN NEW FACILITIES. PROPER TREATMENT AND

DISPOSAL IN PERMITTED FACILITIES WILL COST MORE THAN THE INITIAL

COST OF PROMISCOUS DUMPING OF THESE WASTES IN THE WOODS, STORM

SEWERS OR ALONG THE SIDE OF THE HIGHWAY ALTHOUGH THE ULTIMATE COST

OF SUCH ACTIONS IS ENORMOUS. UNLESS AN ENFORCEMENT PROGRAM

REQUIRES THESE WASTES BE PROPERLY HANDLED, THE ECONOMIC INCENTIVE

FOR THE GENERATOR DISCOURAGES PROPER DISPOSAL.

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LET ME QUOTE AN EXCELLENT CAPSULE OF THE SITUATION FROM THE SAME GAO REPORT:

THE DEVELOPMENT OF ENVIRONMENTALLY SOUND DISPOSAL FACILITIES IS ESSENTIAL TO THE SUCCESSFUL IMPLEMENTATION OF THE HAZARDOUS WASTES REGULATORY PROGRAM MANDATED BY THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976. THIS CAPABILITY DOES NOT NOW EXIST. THERE IS CURRENTLY A SHORTAGE OF SUITABLE DISPOSAL SITES AND THE PROBLEM WILL BECOME EVEN MORE ACUTE AS ADDITIONAL WASTES ARE DETERMINED TO BE HAZARDOUS, EXISTING SITES ARE CLOSED BECAUSE THEY DO NOT MEET ENVIRONMENTAL REQUIREMENTS, AND WASTES WHICH ARE BEING DISPOSED OF ON PRIVATE PROPERTY ARE TAKEN TO OFFSITE FACILITIES. EFFECTIVE IMPLEMENTATION OF THE PROGRAM CANNOT BE ACCOMPLISHED UNLESS ADDITIONAL TREATMENT, STORAGE, AND DISPOSAL CAPACITY CAN BE DEVELOPED.

THE ABSENCE OF AN ENFORCEABLE HAZARDOUS WASTES PROGRAM AND PUBLIC OPPOSITION TO SITING NEW FACILITIES -- NOT TECHNICAL OR ECONOMIC FACTORS - ARE INHIBITING THE EXPANSION OF COMMERCIAL CAPACITY. ALTHOUGH TIMELY IMPLEMENTATION OF THE FEDERAL HAZARDOUS WASTES PROGRAM SHOULD PROVIDE THE INCENTIVE FOR CREATIVE FOR NEW CAPACITY, THE SITING PROBLEM STILL MUST BE OVERCOME. SEVERAL SOLUTIONS HAVE BEEN SUGGESTED OR TRIED, INCLUDING SITING FACILITIES ON PUBLIC LAND, HOWEVER, ALL HAD ENCOUNTERED SIMILAR PROBLEMS."

IN ADDITION, IT WOULD BE FAIR TO SAY THAT THE SITING PROBLEM MORE SERIOUSLY AFFECTS THE CREATION OF OFFSITE DISPOSAL CAPACITY. ONSITE FACILITIES HAVE GENERALLY BEEN "INVISIBLE" BECAUSE THEY ARE JUST A SMALL PART OF A LARGE INDUSTRIAL FACILITY. OFFSITE FACILITIES ON THE OTHER HAND, ARE READILY IDENTIFIED AND BECOME THE FOCAL POINT FOR PUBLIC CONCERN. THE SITING PROBLEM IS EXACERBATED, THEN, IF THE EXPECTED SHIFT FROM ONSITE TO OFFSITE DISPOSAL CONTINUES. AS THE GAO REPORTS:

"IN 1976 THE EPA HAZARDOUS WASTES MANAGEMENT DIVISION AND DIRECTOR REPORTED THAT 82% OF THE HAZARDOUS WASTES GENERATED IN 12 MAJOR GENERATING INDUSTRIES WAS TREATED OR DISPOSED OF ON THE WASTES GENERATORS' PROPERTY AND ASSUMED THAT THIS WOUDL REMAIN THE SAME THROUGH 1983.

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HOWEVER, ONSITE DISPOSAL GENERALLY HAS NOT BEEN ANY BETTER THAN OFFISTE DISPOSAL. BASED ON THE EPA CASE STUDIES, 63% OF THE DAMAGE INSIDENTS WERE ATTRIBUTABLE TO ONSITE DISPOSAL. INSTEAD OF INCURRING THE ADDITIONAL COST TO COMPLY WITH NEW RCRA TREATMENT AND DISPOSAL STANDARDS, SOME COMPANIES MAY DECIDE TO CHANGE TO OFF SITE HAZARDOUS WASTES MANAGEMENT FACILITIES."

ACCORDING TO A 1977 EPA-FUNDED STUDY, THE LACK OF LAND NEAR PLANTS IN URBAN AREAS, PUBLIC RESISTANCE TO ESTABLISHING DISPOSAL FACILITIES, AND DIFFICULTY IN LOCATING SITES TO MEET THE REQUIREMENTS FOR HAZARDOUS WASTES DISPOSAL WILL TEND TO FORCE INDIVIDUAL PLANT OPERATORS TOWARDS OFFSITE DISPOSAL BY CONTRACTORS.

AS THE EPA ALSO NOTES, HOWEVER, "PUBLIC OPPOSITION IS THE MAJOR BARRIER TO EXPANDING DISPOSAL CAPACITY." WE STRONGLY URGE THE CONGRESS TO RESOLVE THE SITING NOTTLENECK AND THUS ASSURE THAT ADEQUATE CAPACITY EXISTS TO ACCOMODATE THE EXPANDED WASTES STREAM WHICH WILL BE DIRECTED TO PROPER FACILITIES UNDER RCRA.

SPECIFICALLY, WE RECOMMEND THAT SECTION 3005(C) BE AMENDED SO THAT THE EPA, WHICH IS GIVEN THE RESPONSIBILITY TO ASSURE THAT ALL THESE WASTES REACH PROPER FACILITIES, BE GIVEN THE AUTHORITY TO ASSURE THAT SUCH FACILITIES DO, IN FACT, EXIST TO RECEIVE THESE WASTES. UNDER RCRA, WHERE A STATE DOES NOT ELECT TO PURSUE CERTIFICATION TO ADMINISTER SUBTITLE C, THE U.S. EPA WILL HAVE DIRECT RESPONSIBILITY FOR OPERATING THE PROGRAM IN THAT STATE. IN ORDER TO ACCOMPLISH ITS MANDATE, EPA MUST BE ABLE TO OVERRIDE ANY STATE OR LOCAL LAWS WHICH FRUSTRATE THE SITING OF THESE BADLY NEEDED FACILITIES. THEREFORE, EPA SHOULD BE GRANTED POWER TO ISSUE PREEMPTIVE CERTIFICATIONS OF APPROVAL FOR THESE FACILITIES. IT FOLLOWS, THEN, THAT IN STATES ELECTING TO MANAGE THEIR OWN PROGRAMS, THE RCRA REQUIREMENT FOR A "SUBSTANTIALLY EQUIVALENT" PROGRAM WOULD REQUIRE THE STATE TO ENACT LEGISLATION WHICH WOULD PREVENT THE FRUSTRATION OF SITING BY LOCAL PARTIES.

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SUCH AN AMENDMENT TO THE ACT MIGHT BE PLACED FOLLOWING THE FIRST SENTENCE OF SECTION 3005(C). AS A SUGGESTION, LANGUAGE FROM A PROPOSED LAW IN THE STATE OF FLORIDA MIGHT BE INCORPORATED INTO RCRA AT THIS POINT.

"NO POLITICAL SUBDIVISION OF THE STATE SHALL ADOPT OR ENFORCE ANY ACTION, RULE, ORDINANCE OF STANDARD WHICH WILL OPERATE TO PREVENT THE LOCATION OR OPERATION OF A HAZARDOUS WASTES TRANSPORTER, PROCESSOR, STORER, OR DISPOSER WHO IS ISSUED A PERMIT."

IT IS THE EXPERIENCE OF OUR INDUSTRY AND REGULATORY OFFICIALS, THAT LOCAL POLITICAL DECISION MAKING IN THIS MATTER FRUSTRATES THE ENDS OF RATIONAL HAZARDOUS WASTES MANAGEMENT. ONLY BY ASSURING THAT THE SITING DECISION IS REACHED ON THE BASIS OF A TECHNICAL EVALUATION OF THE SUITABILITY AND NEED FOR THE FACILITY CAN WE OVERCOME THIS BARRIER TO ASSURING THAT ADEQUATE DISPOSAL CAPACITY EXISTS IN THIS COUNTRY TO ACCOMPLISH THE OBJECTIVES OF RCRA. WE STRONGLY URGE YOU TO INCORPORATE THIS RECOMMENDATION IN YOUR BILL REAUTHORIZING THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976.

THAT CONCLUDES MY FORMAL STATEMENT, I WILL BE PLEASED TO RESPOND TO ANY OF YOUR QUESTIONS. THANK YOU AGAIN FOR THIS OPPORTUNITY TO SHARE THE VIEWPOINT OF OUR INDUSTRY WITH YOU.

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MR. JOHNSON. GOOD MORNING. MY NAME IS CHARLES JOHNSON. I AM TECHNICAL DIRECTOR OF THE NATIONAL SOLID WASTES MANAGEMENT ASSOCIATION.

THERE ARE TWO OTHER POINTS WHICH I WOULD LIKE TO COVER VERY BRIEFLY THIS MORNING. THE FIRST IS A TECHNICAL POINT THAT HAS COME TO OUR ATTENTION RATHER RECENTLY. WHEN THE CONGRESS PASSED THE RESOURCE CONSERVATION AND RECOVERY ACT 21/2 YEARS AGO, IT CORRECTLY RECOGNIZED THAT THERE WOULD BE AN INTERIM PERIOD DURING WHICH TIME THE REGULATIONS WOULD BE UNDER DEVELOPMENT AND THE PERMITTING PROGRAMS FOR HAZARDOUS WASTE FACILITIES WOULD BE UNDER CONSTRUCTION.

THEY CORRECTLY PROVIDED AN INTERIM STATUS FOR THOSE SITES WHICH WERE IN EXISTENCE AT THE TIME THE ACT WAS PASSED, THIS INTERIM STATUS, TO BE AVAILABLE IN CONTINUITY, PROVIDED THOSE SITES WERE NOT PROVIDING ANY IMMEDIATE THREAT TO THE ENVIRONMENT. IT WAS FELT THAT THIS WOULD BE THE WISEST ACTION, RATHER THAN HAVING A PERIOD OF TIME IN WHICH THERE WAS ESSENTIALLY NO FACILITY AVAILABLE.

UNFORTUNATELY, THE REGULATIONS HAVE TAKEN MUCH LONGER TO DEVELOP THAN ANYONE WOULD HAVE IMAGINED, I BELIEVE, AND DURING THE PERIOD OF TIME, 21/2 YEARS, THERE HAVE BEEN A NUMBER OF SITES PERMITTED UNDER EXISTING STATE LEGISLATION AND REGULATIONS.

NOW, A LITERAL READING OF THE ACT WOULD INDICATE THAT THESE NEW SITES WHICH HAVE BEEN PERMITTED IN THE LAST 21/2 YEARS ARE NOT ELIBIBLE FOR THIS INTERIM STATUS, AND THEREFORE OUR RECOMMENDATION IS THAT THE INTERIM STATUS BE MADE AVAILABLE TO THOSE PERSONS WHO OWN OR OPERATE FACILITIES IN EXISTENCE AT THE TIME THE REGULATIONS ARE FINALLY PROMULGATED, WHICH PRESUMABLY WILL BE LATER THIS YEAR.

MR. FLORIO. WHAT ASPECT OF THE LAW DO YOU RELY UPON IN YOUR REPRESENTATION THAT THESE NEW FACILITIES LICENSED BY STATES WILL HAVE TO ULTIMATELY BE IN COMPLIANCE WITH THE FEDERAL REGULATIONS AND WILL NOT BE ELIGIBLE WHEN THOSE STATE REGULATIONS ARE HARMONIZED WITH THE FEDERAL REGULATIONS, WHICH ARE HUST NOW BEING PUBLISHED?

MR. JOHNSON. WE RECOGNIZE ANY SITE THAT HAS BEEN PERMITTED IN THE LAST 21/2 YEARS WILL HAVE TO COMPLY WITH EITHER THE FEDERAL OR STATE REGULATIONS, WHICHEVER ARE IN EFFECT AT THAT TIME. IT IS OUR BELIEF THAT MOST OF THE SITES, AND PERHAPS ALL, THAT HAVE BEEN PERMITTED IN THE LAST 21/2 YEARS HAVE BEEN PERMITTED WITH THE IDEA THAT THEY WOULD BE IN COMPLIANCE WITH WHAT WOULD LIKELY BE THE REGULATIONS. OF COURSE, THERE IS A CHANCE THAT SOME MAY NOT, AND THOSE, OF COURSE, WOULD HAVE TO BE CLOSED.

WE FEEL THAT THE MAJORITY, AT LEAST OF THE ONES WE ARE AWARE OF, WILL BE PERMITTABLE UNDER THE NEW FEDERAL PROGRAM.

MR. FLORIO. I THOUGHT I HEARD YOU SAY THAT A FACILITY THAT WAS PERMITTED 10 YEARS AGO IN THE STATE WILL BE ELIGIBLE FOR THE INTERIM STATUS, BUT THAT, IN EFFECT, SOMETHING PERMITTED IN THE LAST 21/2 YEARS THROUGH SOME OEPRATION OF THE LAW COULD NOT BE ELIGIBLE FOR INTERIM STATUS.

MR. JOHNSON. THAT IS WHAT ONE OBTAINS FROM A LITERAL READING OF THE ACT.

MR. FLORIO. WE WOULD BE HAPPY TO RECEIVE FROM YOU REFERENCE TO THE PART OF THE ACT YOU ARE CONCERNED ABOUT SO THAT WE CAN EXAMINE IT.

MR. JOHNSON. IT IS CONTAINED IN OUR FORMAL TESTIMONY, CONGRESSMAN.

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MR. FLORIO. THANK YOU VERY MUCH.

MR. JOHNSON. THE SECOND MATTER I WILL REFER TO IS ALSO IN THE AREA OF SITING. I THINK WE ARE ALL VERY CONCERNED THAT WE MAY HAVE A REGULATORY PROGRAM, GOOD REGULATIONS, BUT WITHOUT ANY SITES AVAILABLE WE ARE NOT GOING TO HAVE EFFECTIVE HAZARDOUS WASTE MANAGEMENT. I THINK THE PROBLEM IS WELL STATED, AND IF YOU WILL INDULGE ME, I WILL READ ONE PARACRAPH FROM A RECENT GAO REPORT.

THE ABSENCE OF AN ENFORCEABLE HAZARDOUS WASTE PROGRAM AND PUBLIC OPPOSITION TO SITING NEW FACILITIES, NOT TECHNICAL OR ECONOMIC FACTORS, ARE INHIBITING THE EXPANSION OF COMMERCIAL CAPACITY. ALTHOUGH TIMELY IMPLEMENTATION OF THE FEDERAL HAZARDOUS WASTE PROGRAM SHOULD PROVIDE THE INCENTIVE FOR CREATING NEW CAPACITY, THE SITING PROBLEM MUST BE OVERCOME. SEVERAL SOLUTIONS HAVE BEEN SUGGESTED OR TRIED, INCLUDING SITING FACILITIES ON PUBLIC LAND; HOWEVER, ALL ENCOUNTERED SIMILAR PROBLEMS.

IS IS FAIR TO SAY THAT THE OFFSITE FACILITIES OPERATED BY OUR MEMBERS ARE IMPACTED MORE THAN THE ONSITE FACILITIES OPERATED BY GENERATORS ON THEIR OWN PROPERTY. AFTER ALL, OUR FACILITIES ARE VISIBLE. THEY ARE ADVERTISED AS WASTE MANAGEMENT FACILITIES, WHEREAS A GENERATOR DISPOSING OF MATERIALS ON HIS OWN PROPERTY GENERALLY DOES NOT ADVERTISE THAT ON HIS FRONT GATE SIGN.

THEREFORE, OUR INDUSTRY IS PARTICULARLY IMPACTED WHEN IT COMES TO OBTAINING NEW FACILITIES, AND YET, ACCORDING TO NEW ESTIMATES BY BOTH GAO AND EPA, THE SHIFT OF WASTES FROM ONSITE TO OFFSITE FACILITIES IS LIKELY TO BE INCREASED BECAUSE OF THE IMPACT OF RCRA, PRIMARILY BECAUSE ONSITE FACILITIES ARE SELDOM CHOSEN ON THE BASIS OF THEIR WASTE-DISPOSAL CAPACITY. SO THE PUBLIC OPPOSITION IS A MAJOR BARRIER TO EXPANDING DISPOSAL CAPACITY.

WE THINK THERE IS A SOLUTION NEEDED HERE, AND WE DO MAKE A SPECIFIC RECOOMENDATION. WE RECOMMEND TAHT THE STATES, IN ORDER TO HAVE THEIR PROGRAMS QUALIFY UNDER SUBTITLE C, HAVE SOME PROVISION WHEREBY THE STATE TAKES THE RESPONSIBILITY FOR PERMITTING FACILITIES AND NOT BE SUBJECT TO VETO ARBITRARILY BY LOCAL GOVERMNENTAL ENTITIES OR OFFICIALS. SPECIFICALLY, THERE IS A PROVISION IN THE PROPOSED FLORIDA STATE HAZARDOUS WASTE MANAGEMENT BILL THAT MIGHT BE INCORPORATED INTO SECTION 3005 OF RCRA. I WILL READ IT.

NO POLITICAL SUBDIVISION OF THE STATE SHALL ADOPT OF ENFORCE ANY ACTION, RULE, ORDINANCE OF STANDARD WHICH WILL OPERATE TO PREVENT THE LOCATION OR OPERATION OF A HAZARDOUS WASTE TRANSPORTER, PROCESSOR, STORER, OR DISPOSER WHO IS ISSUED A PERMIT.

AND I PRESUME THEY MEAN A PERMIT BY THE STATE IN THAT CASE.

IT IS OUR EXPERIENCE THAT ONLY IF A STATE CAN ISSUE A PERMIT AND NOT HAVE IT SUBJECT TO BEING OVERRIDDEN BY LOCAL OFFICIALS WILL THERE BE ANY PERMITS FOR OFFSITE FACILITIES.

THANK YOU.

MR. FLORIO. MR. MERRIGAN.

STATEMENT OF EDWARD L. MERRIGAN, COUNSEL, NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES, INC.

MR. MERRIGAN. THANK YOU, MR. CHAIRMAN.

I APPEAR TODAY, AS YOU KNOW, MR. CHAIRMAN, AS COUNSEL FOR THE NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES. NARI, BEING THE NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES, IS NOT A NEW ASSOCIATION. IT WAS FORMED MORE THAN 65 YEARS AGO. WE CONSIST OF ABOUT 850 FIRMS LOCATED THROUGHOUT THE UNITED STATES, ALL OF WHICH ARE ENGAGED IN EITHER THE COLLECTION, PROCESSING OR INDUSTRIAL UTILIZATION, THE ACTUAL USES OF RECYCLABLE MATERIAL.

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WE HEAR SO MUCH ABOUT WHAT CAN BE DONE ABOUT SOLID WASTE. IF YOU WILL BEAR WITH ME FOR A MINUTE, LET ME TELL YOU WHAT IS BEING DONE WITH SOLID WASTE TODAY. THE INDUSTRIES REPRESENTED BY NARI RECOVER MILLIONS OF TONS OF RECYCLABLE FERROUS AND NONFERROUS METALS. THAT INCLUDES IRON, STEEL, COPPER, BRASS, ALUMINIM, LEAD, ZINC, NICKEL, STAINLESS STEEL, WASTEPAPER, TEXTILES AND RUBBER FROM SOLID WASTE STREAMS FROM ALL PARTS OF THE UNITED STATES.

CURRENTLY WE RECOVER ABOUT 40 TO 50 MILLION TONS OF FERROUS SCRAPS, ABOUT 12 MILLION TONS OF PAPER -- THE GARDEN STATE PAPER CO., WHO TESTIFIED, IS ONE OF OUR MEMBERS -- AND CLOSE TO 3 BILLION POUNDS OF TEXTILES EACH YEAR. THOUSANDS OF TONS OF RUBBER ALSO MOVE THROUGH THE RECYCLING PROCESS.

SO THAT THE COMMITTEE WILL UNDERSTAND THE SIGNIFICANCE OF THIS TO THE AMERICAN ECONOMU, LET ME POINT OUT THAT 40 PERCENT OF THE NATION'S COPPER TODAY IS DERIVED FROM RECYCLING. HALF OF THE LEAD COMES FROM RECYCLING, 25 PERCENT OF OUR ALUMINIJ, 14 PERCENT OF OUR ZINC, AND ABOUT 20 PERCENT OF OUR PAPER AND PAPERBOARD. IT IS SIGNIFICANT TO REMEMBER THAT RIGHT AFTER WORLD WAR II, THAT FIGURE WAS ABOUT 40 PERCENT OF THE PAPER IN THE UNITED STATES CAME FROM RECYCLABLE PAPER. SO THERE IS NOTHING NEW ABOUT RECUCLING PAPER.

IN ADDITION TO MEETING DOMESTIC NEEDS,THE RECYCLING INDUSTRY SHIPS SURPLUS TONNAGE OVERSEAS TO OUR TRADING PARTNERS. THIS EXPORT ACTIVITY HELPS OUR BALANCE OF PAYMENTS RATHER SUBSTANTIALLY, AND OF COURSE IT EXPANDS INTERNATIONAL BUSINESS OPPORTUNITIES FOR THE COMPANIES WHO ENGAGE IN THAT BUSINESS.

THUS, RIGHT NOW AS WE SIT HERE TODAY, AND OVER THE LAST SEVERAL YEARS, THE UTILIZATION BY INDUSTRY OF RECOVERED MATERIALS HAS HAD A PROFOUND IMPACT ON THE AMERICAN ECONOMU. IF RECYCLING DID NOT EXIST AT THE CURRENT RATE, THERE WOULD NOT BE ENOUGH RAW MATERIALS TO MEET NATIONAL DEMAND TODAY. IF WE DID NOT HAVE RECYCLING, THE COST OF RAW MATERIALS WOULD SOAR. OUR PRIMARY RESOURCES WOULD BE RAPIDLY DEPLETED AND THE UNITED STATES WOULD BE EVEN MORE RELIANT THAN IT IS NOW ON FOREIGN IMPORTS FOR MANY OF ITS BASIC RAW MATERIAL NEEDS.

PRESENTLY, OF COURSE, THE UNITED STATES IMPORTS LARGE AMOUNTS OF MANY METALS AND ALL OF ITS NATURAL RUBBER. THE DEPARMTNET OF THE INTERIOR ESTIMATES THAT WITHIN THE NEXT TWO DECADES WE WILL BE DEPENDENT UPON OVERSEAS SOURCES FOR MORE THAN HALF OF ALL OF OUR BASIC METAL NEEDS. AND IN THE PAPER AREA, WHILE EFFICIENT MANAGEMENT IS NOW BEING REALIZED IN THE GROWTH AND USE OF TIMBERLAND, INCREASED CONSUMER DEMAND IN THE NEXT FEW YEARS WILL CREATE AN UNPRECEDENTED NEED TO DEVLOP ADDITIONAL RAW MATERIAL SUPPLIES OF PAPER AND PAPERBOARD PRODUCTION.

SO, CLEARLY, WHEN THIS COMMITTEE IN 1976 PASSED THE RESOURCE CONSERVATION AND RECOVERY ACT, YOU HAD A VERY SUBSTANTIAL BASE OF EXPERIENCE TO OPERATE FROM. AND WHEN YOU ASSIGNED DUTIES TO THE DEPARTMENT OF COMMERCE AND THE ENVIRONMENTAL PROTECTION AGENCY UNDER THAT STATUTE, THEY WERE NOT STARTING IN THE WILDERNESS; THEY WERE STARTING WITH A BASE THAT HAS BEEN GROWING FOR THE PAST 50 YEARS, AT LEAST IN THE UNITED STATES. IN FACT, RECYCLING CAN BE TRACED BACK ALL OF THE WAY TO THE REVOLUTION.

SO WE ARE NOT TALKING ABOUT SOMETHING BRANDNEW WHEN WE TALK ABOUT MAXIMUM RESOURCE RECOVERY, AND THAT IS REALLY WHAT WE ARE TALKING ABOUT UNDER RCRA, MAXIMUM RESOURCE RECOVERY AND CONSERVATION, BECAUSE WE ARE ALREADY DOING SO MUCH OF IT TODAY.

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WE ARE TALKING ABOUT THE NEED TO CLEAR UP AND ELIMINATE THE URGENT LANDFILL PROBLEM, AS, MR. CHAIRMAN, YOU POINTED OUT SEVERAL TIMES.

IN FACT, AS YOU KNOW, IN THE CITY OF PHILADELPHIA V. NEW JERSEY, THE PROBLEM EVEN GOT TO THE SUPREME COURT OF THE UNITED STATES. NEW JERSEY WAS TRYING TO TELL PHILADELPHIA THEY COULD NOT BRING SOLID WASTE ACROSS THE BORDER INTO NEW JERSEY, AND THE SUPREME COURT DECIDED THAT THAT WAS UNCONSTITUTIONAL.

IT REMINDED BOTH NEW JERSEY, NEW YORK AND PENNSYLVANIA THAT AS THE YEARS AHEAD COME AND MORE SOLID WASTE IS ACCUMULATED, THAT NEW JERSEY WILL FACE THE PROBLEM OF SENDING SOLID WASTE TO PENNSYLVANIA, PENNSYLVANIA WILL FACE THE PROBLEM OF SENDING SOLID WASTE TO NEW YORK, AND NEW YORK WILL SEND IT TO NEW JERSEY; AND CONSTITUTIONALLY YOU CANNOT BAN THE SOLID WASTE PROBLEM AT THE STATE LINE.

TODAY INDUSTRIAL RECYCLING CONSERVES NOT ONLY NATURAL RESOURCES IN TREMENDOUS QUANTITIES, BUT WE CONSERVE TREMENDOUS AMOUNTS OF INDUSTRIAL ENERGY. IT HAS BEEN PROVED NOT BY US BUT BY THE FEDERAL GOVERNMENT THAT INDUSTRIAL ALUMINIM RECYCLING CONSERVES 96 PERCENT OF THE ENERGY TO MAKE THE SAME ALUMINIM PRODUCTS FROM BAUXITE. WHEN YOU REMEMBER BAUXITE IS 95 PERCENT IMPORTED FROM OVERSEAS, AND A NICE PLACE LIKE JAMAICA WHERE WE USED TO LOVE TO GO TO SWIM IS NOW A CARTEL FOR BAUXITE, YOU CAN UNDERSTAND THE DUAL IMPORTANCE OF RESOURCE RECOVERY IN THE ALUMINUM AREA.

COPPER RECYCLERS CONSERVE 85 PERCENT OF THE ENERGY. IRON, STEEL, ZINC, LEAD, AND PAPER RECYCLERS SAVE MORE THAN 2 PERCENT OF THE ENERGY SIMPLY TO MAKE PRODUCTS FROM RECYCLABLE MATERIALS INSTEAD OF THE VIRGIN COUNTERPART RESOURCES.

FINALLY, IT HAS BEEN PROVED BY EPA THAT INDUSTRIAL RECYCLING RESULTS IN VERY SIGNIFICANT REDUCTIONS OF BOTH AIR AND WATER POLLUTION AND IN THE VOLUME OF WATER NEEDED TO MAKE THE SAME INDUSTRIAL PRODUCTS.

NOW, WITH THAT BACKGROUND IT AMAZES US THAT THE SECRETARY OF COMMERCE AND EPA DID NOT APPRECIATE THE URGENCY OF ADMINISTERING RCRA IN A SORT OF MORAL EQUIVALENT OF WAR BASIS IN THE SAME WAY WE HAVE LOOKED AT THE ENERGY CRISIS. THE SECRETARY OF COMMERCE WAS TOLD THAT WITHIN 2 YEARS AFTER OCTOBER 21, 1976, BY THE STATUTE, THAT THE DEPARTMENT WAS TO IDENTIFY THE GEOGRAPHICAL LOCATION OF EXISTING OR POTENTIAL MARKETS FOR RECOVERED MATERIALS.

AND SINCE WE ARE USING SO MANY RECYCLABLE MATERIALS, THAT WAS NOT A MAZE WE HAVE BEEN IN, REALLY. HAD SHE CONSULTED THE INDUSTRY, WE COULD HAVE TOLD HER WHERE THE EXISTING MARKETS ARE BECAUSE THEY ARE ALL OVER THE UNITED STATES, AND WE KNOW WHERE THE POTENTIAL MARKETS ARE. SHE WAS TOLD TO IDENTIFY THE ECONOMIC AND TECHNICAL BARRIERS TO THE USE OF RECOVERED MATERIALS, AND SHWE WAS TOLD TO ENCOURAGE DEVELOPMENT OF NEW USES FOR RECOVERED MATERIALS, AND FINALLY SHE WAS TOLD TO DEVELOP SPECIFICATIONS FOR SECONDARY MATERIALS.

AS WE STAND HERE TODAY, 21/2 YEARS AFTER THIS LAW WAS PASSED IN 1976, THE SECRETARY HAS FAILED MISERABLY, UNFORTUNATELY, IN EACH ONE OF THESE AREAS. SHE HAS NOT DESIGNATED ANY NEW MARKETS. SHE HAS NOT EVEN DESIGNATED THE EXISTING MARKETS. SHE HAS NOT DESIGNATED ANY NEW MARKETS. SHE HAS NOT EVEN DESIGNATED THE EXISTING MARKETS. SHE HAS NOT IDENTIFIED THE ECONOMIC AND TECHNICAL BARRIERS TO THE USE OF RECOVERED MATERIALS.

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IN THE PERIOD FROM 1976 TO TODAY, JUST TO SHOW THAT THE INDUSTRY IS NOT WAITING, IN THE FREIGHT RATE AREA THE CONGRESS PASSED A STATUTE IN 1976 DIRECTING THE INTERSTATE COMMERCE COMMISSION TO ELIMINATE THE FREIGHT RATE BARRIERS AGAINST MAXIMUM RECYCLING. THE INTERSTATE COMMERCE COMMISSION, WHICH IS NOT THE SPEEDIEST AGENCY IN WASHINGTON, COMPLETED ITS INVESTIGATION AND DID NOT DO A VERY GOOD JOB.

THE INDUSTRY TOOK THE CASE TO THE U.S. COURT OF APPEALS. IT REVERSED THE COMMISSION. THE CASE WENT TO THE U.S. COURT OF APPEALS. IT REVERSED THE COMMISSION. THE CASE WENT TO THE SUPREME COURT OF THE UNITED STATES. THE COURT OF APPEALS WAS UPHELD, AND BY APRIL 16 OF THIS YEAR, SUPPOSEDLY, IF THE ICC OBEYS THE ORDERS OF THE FEDERAL COURTS, THE FREIGHT RATES ON RECYCLABLES SHOULD BE REDUCED TO WHAT THEY CALLED REASONABLE, NONDISCRIMINATORY LEVELS.

I DON'T KNOW WHAT THE ICC WILL DO, BUT WHILE THE SECRETARY OF COMMERCE WAS DOING NOTHING, THE COURTS AND THE INDUSTRY HAVE MOVED TO THE POINT WHERE AT LEAST WE SHOULD BE IN THE FINAL STAGES OF A FINAL DECISION TO ENCOURAGE THE DEVELOPMENT OF NEW USES FOR RECOVERED MATERIALS. WHILE NOTHING WAS DONE IN THE DEPARTMENT OF OF COMMERCE OVER THAT PERIOD, THE INDUSTRY TOOK THE MATTER TO CONGRESS, AND LAST YEAR AS PART OF THE ENERGY BILL, THIS COMMITTEE WAS THE AUTHOR OF A PROVISION THAT DIRECTED THE DEPARTMENT OF ENERGY TO ESTABLISH TARGETS FOR INCREASED INDUSTRIAL RECYCLING FOR THE NEXT 10 YEARS BECAUSE OF THE ENERGY SAVING CONNOTATIONS.

THE SECRETARY OF ENERGY IS PRESENTLY QUITE VIGOROUSLY DEVELOPING THOSE TARGETS, AS THE STATUTE DIRECTED HE DO. THE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE ALSO PROVIDED NOT A FULL RECYCLING CREDIT BUT AT LEAST AN INCREASED INVESTMENT CREDIT FOR RECYCLING EQUIPMENT BECAUSE OF THE ENERGY SAVINGS, AND THAT CREDIT IS NOW IN EFFECT.

YET, WE HAVEN'T HEARD A WORD FROM THE DEPARTMENT OF COMMERCE REGARDING EITHER THE FREIGHT RATE PROBLEM OR THE TAX PROBLEM, AND AS THE ASSISTANT SECRETARY TESTIFIED TODAY, THEY STILL HAD NOT LOOKED AT THE PROCUREMENT PROBLEM, WHICH IS THE THIRD BARRIER TO INCREASED RECYCLING. WE CANNOT UNDERSTAND FOR THE LIFE OF US WHY THEY HAVE SO MUCH TROUBLE SETTING SPECIFICATIONS.

NARI, OUR TRADE ASSOCIATION, DEVELOPED SPECIFICATIONS LITERALLY DECADES AGO, AND WE TRADE IN MILLIONS OF TONE OF THIS MATERIAL, AND EVEN THE INTERNATIONAL MARKETS BASED UPON THOSE SPECIFICATIONS. AND YET, THE DEPARTMENT OF COMMERCE AND THE BUREAU OF STANDARDS TO THIS DAY HAS NOT COME DOWN WITH EVEN A PROPOSED SET OF GUIDELINES FOR THESE SPECIFICATIONS.

I FELT EMBARRASSED RECENTLY WHEN THE GOVERNMENT PRINTING OFFICE CALLED ME AND ASKED ME COULD WE GIVE THEM SPECIFICATIONS. WE HANDED THEM OUR BOOK, WHICH IS ABOUT THAT THICK (INDICATING) WITH SPECIFICATIONS, AND THEY SAID: "WELL, WE CAN'T USE THESE UNTIL THE GOVERNMENT MAKES THEM OFFICIAL".

SO I AM NOT TRYING TO UNDULY CRITICIZE THE SECRETARY OF COMMERCE, BUT I JUST CAN'T UNDERSTAND WHY IN 21/2 YEARS SHE COULD NOT HAVE AT LEAST GOTTEN ON WITH THAT PARTICULAR PART OF THE LAW. FRANKLY, WE HAVE ASKED FOR APPOINTMENTS FOR THE LEADERS OF OUR INDUSTRY ALL OVER THE COUNTRY TO MEET WITH THE SECRETARY TO DISCUSD THESE PROBLEMS, AND WE HAVE FOUND THERE HAS NEVER BEEN AN AVAILABILITY FOR ANY SUCH DISCUSSIONS.

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ON THE GOOD SIDE, SHE DID RECENTLY PROTECT EXISTING MARKETS FOR RECYCLABLES BY TURNING DOWN WHAT WE THOUGHT WAS A BASELESS REQUEST FOR QUOTAS UNDER THE EXPORT ADMINISTRATION ACT ON SCRAP IRON AND STEEL. THAT IS A VERY SUBSTANTIAL OVERSEAS MARKET FOR RECYCLABLES IN SCRAP IRON, AND THERE ARE OTHER OVERSEAS MARKETS FOR OTHER RECYCLABLE MATERIALS, AND SHE DID VERY DEFINITELY TURN DOWN ANY REQUEST FOR THE ESTABLISHMENT OF QUOTAS ON THOSE EXPORTS.

SO I THINK HERE WE ARE NOT SINGLING OUT THE SECRETARY OF COMMERCE FOR CRITICISM. WHAT WE ARE SAYING IS THAT IN 1976 THE NEW LAW WHICH CAME OUT OF THIS COMMITTEE PROMISED SO MUCH. AND I THINK A LOT COULD HAVE BEEN DONE, WITH OR WITHOUT MONEY, TO BE HONEST ABOUT IT, BECAUSE ALMOST EVERY AGENCY HAS A CONTINGENCY FUND. THEY HAVE SOME MONEY THEY HIDE AWAY SOMEWHERE IN THEIR BUDGET THAT COULD HAVE BEEN USED TO PROVIDE SOME SORT OF LEADERSHIP.

BUT I THINK IT HAS NOT BEEN FORTHCOMING FROM COMMERCE BECAUSE I DON'T THINK COMMERCE GRAPSS THE TRULY URGENT NEED TO GET ON WITH MAXIMUM INDUSTRIAL RECYCLING IN THE UNITED STATES.

I AM NOT RUNNING EPA FOR ANY OFFICE TODAY BECAUSE EPA'S PERFORMANCE, IN MY JUDGMENT, UNDER THE FEDERAL PROCUREMENT SECTION AND UNDER THE OPERATIONS OF THE RESOURCE CONSERVATION COMMITTEE, HAS BEEN REALLY PATHETIC. I CAN REMEMBER BACK IN 1970 OR THEREABOUTS WHEN THE GENERAL SERVICES ADMINISTRATION UNDERTOOK TO ESTABLISH A FEDERAL PROCUREMENT POLICY FOR PAPER, AND IN A VERY SHORT PERIOD OF TIME, THE GSA, WHICH HAD A PROGRAM WHICH WAS ACTUALLY VIRGIN ORIENTED ALMOST ENTIRELY, REQUIRED THE ELIMINATION OF THE VIRGIN REQUIREMENTS FROM ALL OF ITS SPECIFICATIONS FOR PAPER.

THEY INSTALLED A PAPER RECYCLING PROGRAM WHICH I THINK HAS OPERATED VERY SUCCESSFULLY AND STILL OPERATES SUCCESSFULLY TODAY, ALTHOUGH GSA HAS INTERPRETED THE DEFINITION OF SOLID WASTES WITHIN THE RCRA ACT TO BE SO BROAD THAT IT INCLUDES VIRGIN MATERIALS FOR PAPERMAKING, AND THEREFORE SAYS THAT IF A COMPANY NOW INCLUDES. VIRGIN MATERIALS SUCH AS "BROKE" IN THE INDUSTRIAL PROCESS, OR SAWDUST FROM THE FOREST FLOOR, THAT WILL NOW QUALIFY AS SOLID WASTE MATERIALS.

SO IN A WAY, THE GSA PROGRAM HAS BEEN WEAKENED AND CORRUPTED BY THE ACT, TO A DEGREE. HOWEVER, ABOUT A YEAR AGO THE HEAD OF GSA WROTE TO THE ADMINISTRATOR OF EPA OFFERING VERY OPENLY TO NEGOTIATE A SETTLEMENT OF THAT PROBLEM AND TO ADOPT THE OLD DEFINITION. TO THIS DAY, TO OUR KNOWLEDGE, EPA HAS NEVER FOLLOWED THROUGH ON THAT, AT LEAST TO REINSTATE THE GSA PROGRAM TO THE OLD ONE.

I THINK THE PROBLEM IN EPA, MR. CHAIRMAN, IS THAT IT IS DEVOTED TO A STUDY, RESTUDY, AND THEN RESTUDY EVERYTHING BASIC, TO THE POINT WE NEVER GET ON TO DECISIONS. I THINK WHAT WE NEED, EITHER AT COMMERCE OR EPA OR BOTH, IS A SORT OF OSHA ATTITUDE, THE OFFICE OF SAFETY AND HEALTH ADMINISTRATION, OR THE WAY EPA ADMINISTERS THE CLEAN AIR ACT OR THE EPA ADMINISTERS THE CLEAN WATER ACTS.

WE NEED A SENSE OF URGENCY IN THE THIRD POLLUTION AREA THAT WOULD NOT ALWAYS BE PUT ON THE BACK BURNER, WE WOULDN'T ALWAYS BE STUDIED, AND WE WOULDN'T ALWAYS HAVE TO DEVELOP A UNANIMOUS CONSENSUS ON EVERYTHING BEFORE WE MOVE FORWARD. THE TRUE ENVIRONMENTALIST DOESN'T WANT TO GIVE ANY INCENTIVES TO THE RECYCLING INDUSTRY, IN THE TAX AREA, FOR EXAMPLE, BECAUSE THE TRUE ENVIRONMENTALIST THINKS THAT THE DEPLETION ALLOWANCE AND THE CAPITAL GAINS TREATMENT OF TREES SHOULD BE REPEALED.

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MR. SANTINI. I WOULD LIKE TO STOP AT THAT POINT, IF I MIGHT, MR. CHAIRMAN. AS CHAIRMAN OF THE MINES AND MINING SUBCOMMITTEE, I HAVE HAD SOME PARTICULAR INTEREST IN THE ELEMENT OF RESOURCE RECOVERY HERE. AND WHILE I CERTAINLY HAVE HAD MY INDIVIDUAL DIFFERENCES WITH SOME OF THE ENVIRONMENTAL CONSTRAINTS, I HAVE NEVER UNDERSTOOD THE ENVIRONMENTAL COMMUNITY TO IN ANY WAY, SHAPE, OR FORM FIND THEMSELVES OPPOSED TO THE RECYCLING INDUSTRY.

IF ANYTHING, I HAVE FELT THEM ENTHUSIASTIC ENDORSERS OF THAT INDUSTRY WITH THE HOPE AND EXPECTATION THAT THAT COULD PROVIDE AN ANSWER TO ALL OF OUR NATION'S NEEDS. I AM MOST SURPRISED TO HEAR YOU SAY THAT THERE IS AN ALIENATION BETWEEN YOURSELF AND REPRESENTATIVES OF NATIONAL ENVIRONMENTAL GROUPS.

MR. MERRIGAN. I THINK WE BOTH HAVE THE SAME GOALS, MAXIMUM RECYCLING IN THE UNITED STATES, CERTAINLY MAXIMUM INDUSTRIAL RECYCLING IN THE UNITED STATES. HOWEVER, THE TRUE ENVIRONMENTALISTS AND I AM TALKING ABOUT THE ENVIRONMENTAL DEFENSE FUND, THE SIERRA CLUB AND THOSE ORGANIZATIONS, FOR WHOM WE HAVE THE HIGHEST POSSIBLE REGARD -- FEEL THAT IN THE TAX AREA, IF YOU START WITH A DEPLETION ALLOWANCE ON ORES AND A CAPITAL GAINS TREATMENT OF TIMBER PROFITS , YOU SHOULD NOT SUBSTITUTE THEN OR PUT INTO EFFECT AT THE SAME TIME A RECYCLING TAX CREDIT WHICH EQUATES THE TREATMENT OF THE MATERIALS.

IN OTHER WORDS, THE DEPLETION ALLOWANCE AND THE CAPITAL GAINS TREATMENT OF PROFITS ON TIMBER IS ABOUT A $1.5 BILLION OR $1.7 BILLION PROGRAM A YEAR OF THE FEDERAL GOVERNMENT.

MR. SANTINI. HOW DOES THE $1.7 BILLION BREAK DOWN? WHAT PERCENTAGE

MR. MERRIGAN. THE LARGEST PERCENTAGE BY FAR IS THE DEPLETION ALLOWANCE ON ORE. SOME OF IT GOES TO OIL, OF COURSE. STILL A PART OF THAT DEPLETION ALLOWANCE GOES TO OIL EVEN THOUGH

MR. SANTINI. DO YOU HAVE AN APPROXIMATE BREAKDOWN OF THE PERCENTAGES ALLOCATED TO EACH OF THE MATERIALS?

MR. MERRIGAN. I CAN'T REMEMBER FOR EACH OF THE MATERIALS, BUT MY BEST RECOLLECTION IS $500 MILLION ON THE ORES, AND $250 MILLION TO $300 MILLION ON THE CAPITAL GAINS TREATMENT OF PROFITS ON TIMBER. THE POINT I AM TRYING TO MAKE, MR.

MR. SANTINI. IS THAT APPROXIMATELY $800,000?

MR. MERRIGAN. $800 MILLION.

MR. SANTINI. I MEAN $800 MILLION.

MR. MERRIGAN. YES, AND I MAY BE ON THE LOW SIDE, BECAUSE THE TOTAL COST OF THE DEPLETION ALLOWANCE AND THE CAPITAL GAINS TREATMENT ON PROFIT FROM TREES EACH YEAR IS ABOUT $1.7 BILLION. I AM TRYING TO FIGURE OUT WHERE THE OIL DEPLETION ALLOWANCE FITS IN THERE SINCE CONGRESS DID, AS YOU KNOW, REPEAL THE OLD OIL DEPLETION ALLOWANCE, AND WE STILL HAVE ONLY THE ACTUAL DEPLETION ALLOWANCE LEFT.

IN ANY EVENT, WHAT I AM TRYING TO SAY IS THIS. THE NEW MARKETS FOR RECYCLABLES TRULY ARE THE GREAT BIG COMPANIES THAT ARE DEVOTED TO VIRGIN UTILIZATION, THE GREAT BIG STEEL COMPANIES, THE GREAT BIG ALUMINUM COMPANIES,THE GREAT BIG PAPER COMPANIES. THOSE COMPANIES TODAY ENJOY THESE VIRGIN TAX BENEFITS. WE DON'T SAY THAT THERE IS WRONG. WE DON'T HAVE ANY FEELING THAT THAT IS WRONG. IF THAT IS WHAT CONGRESS WANTS TO DO FOR THE VIRGIN INDUSTRY, FINE.

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BUT WE SAY IF YOU ARE GOING TO DEVELOP NEW MARKETS FOR RECYCLABLES,RTHEN YOU MUST MOVE SOMEWHERE, EITHER TO REDUCE THAT SOMEWHAT OR GIVE US A SIMILAR TYPE OF INCENTIVE FROM THE TAX SIDE SO THAT THESE BIG COMPANIES WHICH BUILD THE NEW MILLS WHICH COST, SAY, $100 MILLION TO BUILD WILL HAVE A BOTTOM LINE ECONOMIC INCENTIVE TO USE RECYCLABLES IN PLACE OF THE VIRGIN MATERIALS.

THE TRUE ENVIRONMENTALIST THAT I MENTIONED BEFORE SAYS REPEAL THE VIRGIN ALLOWANCE; DON'T PUT IN A RECYCLING CREDIT.

MR. SANTINI. DO YOU HAVE DOCUMENTATION TO SUBSTANTIATE THAT? I AM AMAZED BY THAT.

MR. MERRIGAN. ABSOLUTELY. THAT HAS BEEN THEIR CONSTANT POSITION BEFORE THE WAYS AND MEANS AND FINANCE COMMITTEES OF CONGRESS FOR THE LAST 5 YEARS. THE OTHER SIDE OF THE COIN ARE THE VIRGIN INDUSTRIES, OBVIOUSLY, THAT DON'T WANT TO GIVE UP THE VIRGIN ALLOWANCE, SO THEY COME IN AND SAY DON'T REPLEAL THE VIRGIN ALLOWANCES. SO THAT LEAVES THE RECYCLING INDUSTRY BETWEEN A ROCK AND A HARD PLACE. WE HAVE THOSE WHO ARE COMMITTED TO THE ENVIRONMENTALIST AND SAY DON'T PUT A NEW LOOPHOLE IN TO MAKE GOOD ANOTHER LOOPHOLE; THAT IS, DON'T ADD ANOTHER RECYCLING TAX BENEFIT TO THE VIRGIN BENEFIT. AND YET THERE IS NOT MUCH ENTHUSIASM IN THE TAX PART OF CONGRESS FOR REPEALING THE VIRGIN ALLOWANCES. IN FACT, THE CAPITAL GAINS TREATMENT OF THE PROFIT ON TREES WAS RECENTLY REDUCED BY CONGRESS.

SO THE NEW MARKETS ARE NOT TO GO OUT AND FIND A NEW BUYER, NECESSARILY, IN MOST CASES FOR RECYCLABLES, BUT TO CONVINCE UNITED STATES STEEL, WEYERHAUSER AND THOSE COMPANIES THAT INSTEAD OF CHOPPING DOWN THE TREE OR GRINDING UP THE TREE EACH TIME, YOU USE WASTE PAPER OR YOU USE MORE OF THE OLD AUTOMOBILES FOR YOUR BASIC RAW MATERIAL.

TO DO THAT -- AND THEY WILL HAVE TO PUT IN A LOT OF NEW MACHINERY IN MOST CASES TO DO THAT -- THEY WILL HAVE TO HAVE AN ECONOMIC INCENTIVE. SO THE ONLY POINT I AMTRYING TO MAKE IS I THINK EPA, IN CONDUCTING THESE STUDIES AND RESTUDIES AND CONSTANT STUDIES, IS BETWEEN THE TRUE ENVIRONMENTALIST ON THE LEFT AND THE VIRGIN COMPANY ON THE RIGHT. CONFUSION REIGNS SUPREME AND IT WILL ALWAYS REIGN SUPREME. IT WILL NEVER BE SETTLED. SOMEDAY SOMEONE WILL HAVE TO TAKE THE BULL BY THE HORNS AND SAY: WELL, IF WE CAN'T REPEAL THE VIRGIN ALLOWANCES, WE MUST INSTALL AN ECONOMIC INCENTIVE ON THE OTHER SIDE.

BUT THIS HAS GONE ON NOW IN THE RESOURCE CONSERVATION COMMITTEE FOR 21/2 YEARS AND THERE HAS BEEN NO RESULT. WE FINALLY HAD TO SETTLE LAST YEAR SO THAT WE COULD GET ON WITH SOMETHING ON AN INCREASED INVESTMENT CREDIT RELATED SOLELY TO THE INSTALLATION OF THE RECYCLING EQUIPMENT ITSELF, SO THAT GIVES THE COMPANY ON THE VIRGIN SIDE THAT WANTS TO PUT IN A NEW HYDROPULPER, OR WHATEVER HAS TO BE DONE TO USE WASTEPAPER INSTEAD OF WOOD, THE INCENTIVE TO AT LEAST MAKE THAT INVESTMENT.

WE THINK THAT IS GOING TO BE VERY HELPFUL, BUT WHAT I THINK WE REALLY NEED IN THIS WHOLE AREA, BUTH IN THE DEPARTMENT OF COMMERCE, EPA OR WHOEVER IS GOING TO RUN THE SHOW, IS A SENSE OF URGENCY, A SENSE OF DIRECTION, A SENSE OF NOT STUDYING EVERYTING TO DEATH BUT DOING SOMETHING ABOUT IT, AND FINALLY COMING TO GRIPS WITH CERTAINLY THE FEDERAL PROCUREMENT THING, WHICH COULD HAVE BEEN SOLVED A LONG TIME AGO.

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EPA AT THE PRESENT MOMENT IS STUDYING ONLY PAPER AND CONSTRUCTION MATERIALS ON FEDERAL PROCUREMENT, 21/2 YEARS AFTER THE ACT HAS PASSED. AT THAT PACE I WOULD IMAGINE THAT TWO DECADES FROM NOW WE WILL ALL BE SITTING HERE WONDERING WHEN THEY ARE FINALLY GOING TO GET DOWN TO THE OTHER MATERIALS THAT GO INTO REFUSE.

SO OUR GOAL HERE IS NOT TO CRITICIZE EPA OR COMMERCE, BUT WE CONSIDER THIS WHOLE PROBLEM TO BE AS URGENT AS THE ENERGY PROBLEM. IN THE NEXT TWO DECADES IT WILL BE. AND IF THEY WANT TO DO SOMETHING ABOUT IT IN ADVANCE AND STOP THE CRISIS SITUATION, THEY MUST ACT NOW WITH A SENSE OF URGENCY. SO THAT, I THINK, IN THE FINAL ANALYSIS, MR. CHAIRMAN, IS OUR POSITION.

FOR EXAMPLE, I WAS TOLD JUST BEFORE I CAME HERE TODAY THAT THE STATE OF MARYLAND HAS BEEN WRITING TO EPA FOR THE LAST YEAR ASKING THEM TO PLEASE GIVE THEM SOME GUIDANCE ON HOW THEY CAN GET ON WITH PROCUREMENT PROGRAMS IN THEIR STATE TO BE BASED ON A FEDERAL PROGRAM. IPA KEEPS REPLYING THAT THEY DON'T HAVE ANY GYUIDELINES YET.

SO THAT, I THINK, IS ONE OF THE REALLY SERIOUS PROBLEMS.

(TESTIMONY RESUMES ON P. 328.)

(MR. MERRIGAN'S PREPARED STATEMENT FOLLOWS:)

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BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE HOUSE INTERSTATE AND FOREIGN COMMERCE COMMITTEE HEARINGS REGARDING AUTHORIZATIONS FOR FY 1980, RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 STATEMENT OF EDWARD L. MERRIGAN, COUNSEL, NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES, INC.

MY NAME IS EDWARD L. MERRIGAN. I APPEAR BEFORE THE COMMITTEE TODAY IN MY CAPACITY AS COUNSEL FOR THE NATIONAL ASSOCIATION OF RECYCLING INDUSTRIES (NARI), WHOSE OFFICES ARE LOCATED AT 330 MADISON AVENUE, IN THE CITY OF NEW YORK.

WE DEEPLY APPRECIATE THE OPPORTUNITY THE COMMITTEE HAS AFFORDED FOR OUT TESTIMONY AT THIS TIME WITH REFERENCE TO THOSE PROVISIONS OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 WHICH PRESCRIBE

(I) THE "DUTIES OF THE SECRETARY OF COMMERCE IN RESOURCE AND RECOVERY," AND

(II) OTHER "FEDERAL RESPONSIBILITIES" IN THE AREA OF "FEDERAL PROCUREMENT."

FROM THE VERY OUTSET IN 1976, NARI AND ITS MEMBERS THROUGHOUT THE UNITED STATES VERILY BELIEVED THAT THESE PROVISIONS OF RCRA, VIGOROUSLY AND EFFECTIVELY ADMINISTERED BY THE GOVERNMENT WOULD ASSIST SIGNIFICANTLY IN THE EARLY ATTAINMENT AND MAINTENANCE OF MAXIMUM INDUSTRIAL RESOURCE RECOVERY, RECYCLING AND CONSERVATION IN THE UNITED STATES.

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SADLY, HOWEVER, IN OUR VIEW, THESE SECTIONS OF THE ACT HAVE SO FAR BEEN VERY POORLY ADMINISTERED -- EVEN LARGELY IGNORED -- BY THOSE OFFICIALS CHARGED WITH THEIR EXECUTION. THE RESULT, OF COURSE, IS THAT VERY LITTLE OF ANY IMPORTANCE HAS BEEN ACHIEVED IN A PERIOD OF ALMOST THREE (3) YEARS IN THESE AREAS OF VITAL NATIONAL CONCERN.

THE CRUCIAL IMPORTANCE OF MAXIMUM RESOURCE RECOVERY, RECYCLING AND CONSERVATION OF MATERIALS TO THE UNITED ST

BEFORE PROCEEDING TO DISCUSS MORE SPECIFICALLY THE EXECUTIVE LETHARGY WHICH HAS GRIPPED THE AFOREMENTIONED PROVISIONS OF RCRA SINCE THEIR ENACTMENT IN 1976, I WOULD LIKE TO SAY A BRIEF WORD ABOUT NARI AND THE RECYCLING INDUSTRIES IT REPRESENTS THROUGHOUT THE NATION.

NARI IS THE TRADE ASSOCIATION FOR THE NATION'S METALS, WASTEPAPER, TEXTILE AND RUBBER RECYCLING INDUSTRIES. ITS MEMBERSHIP CONSISTS OF MORE THAN 850 FIRMS FROM ALL PARTS OF THE UNITED STATES ENGAGED IN THE COLLECTION, PROCESSING OR INDUSTRIAL UTILIZATION OF THOSE RECYCLABLE MATERIALS.

EACH YEAR, THE INDUSTRIES REPRESENTED BY NARI RECOVER MILLIONS OF TONS OF RECYCLABLE FERROUS AND NONFERROUS METALS, INCLUDING IRON AND STEEL, COPPER AND BRASS, ALUMINIM, LEAD, ZINC, NICKEL, STAINLESS STEEL, WASTEPAPER, TEXTILES AND RUBBER FROM SOLID WASTE STREAMS IN ALL PARTS OF THE UNITED STATES. CURRENTLY, THEY RECOVER ABOUT 40 TO 50 MILLION TONS OF FERROUS SCRAP, 12 MILLION TONS OF PAPER, AND CLOSE TO 3 BILLION POUNDS OF TEXTILES EACH YEAR. THOUSANDS OF TONE OF RUBBER ALSO MOVE THROUGHTHE RECYCLING PROCESS.

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THUS, THE RECYCLING INDUSTRY ALREADY SUPPLIES THE NATION WITH SIGNIFICANT PORTIONS OF ITS TOTAL RAW MATERIAL NEEDS. OVER 40% OF THE NATION'S COPPER IS DERIVED FROM RECYCLING; ALMOST HALF OF ITS LEAD; 25% OF ITS ALUMINIM; 14% OF ITS ZINC; AND ABOUT 20% OF ITS PAPER AND PAPERBOARD.

IN ADDITION TO MEETING DOMESTIC NEEDS, THE RECYCLING INDUSTRY SHIPS SURPLUS TONNAGES OVERSEAS TO AMERICA'S TRADING PARTNERS. THIS EXPORT ACTIVITY HELPS THE NATION'S BALANCE OF PAYMENTS POSITION AND EXPANDS INTERNATIONAL BUSINESS OPPORTUNITIES.

CONSEQUENTLY, AS OF RIGHT NOW, THE INDUSTRIAL UTILIZATION OF RECOVERED MATERIALS HAS A PROFOUND IMPACT ON THE AMERICAN ECONOMY. IF RECYCLING DID NOT EXIST AT ITS CURRENT RATE, THERE WOULD NOT BE ENOUGH RAW MATERIALS TO MEET NATIONAL DEMAND. THE RESULT? COSTS OF RAW MATERIALS WOULD SOAR, OUR PRIMARY RESOURCES WOULD BE RAPIDLY DEPLETED, AND THE UNITED STATES WOULD BE EVEN MORE RELIANT THAN IT IS NOW ON FOREIGN IMPORTS FOR MANY OF ITS BASIC RESOURCE NEEDS. PRESENTLY, OF COURSE, THE UNITED STATES MUST IMPORT LARGE AMOUNTS OF MANY METALS AND ALL OF ITS NATURAL RUBBER. THE U.S. DEPARTMENT OF THE INTERIOR ESTIMATES THAT WITHIN THE NEXT TWO DECADES WE WILL BE DEPENDENT ON OVERSEAS SOURCES FOR MORE THAN HALF OF ALMOST ALL OUR METAL NEEDS.

AND, WHILE MORE EFFICIENT MANAGEMENT IS NOW BEING REALIZED IN THE GROWTH AND USE OF OUR TIMBERLANDS, INCREASED CONSUMER DEMAND IN THE NEXT FEW YEARS WILL CREATE AN UNPRECEDENTED NEED TO DEVELOP ADDITIONAL RAW MATERIAL SUPPLIES FOR PAPER AND PAPERBOARD PRODUCTION.

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THUS, INDUSTRIAL RECYCLING OF CRITICAL MATERIALS IS ALREADY A VITALLY IMPORTANT FORCE IN OUR ECONOMY -- BUT CLEARLY, AS THIS COMMITTEE FOUND WHEN IT REPORTED RCRA IN 1976, THE UNITED STATES IS STILL FAR FROM ATTAINING ITS MAXIMUM RECYCLING LEVELS.

AND IT MUST ATTAIN MAXIMUM RESOURCE RECOVERY AND CONSERVATION AT THE EARLIEST POSSIBLE DATE FOR THE FOLLOWING REASONS NOT MENTIONED ABOVE:

1. OVER THE LAST FEW YEARS, THE AMOUNT OF DISCARDED MATERIALS HAS GROWN TO APPROXIMATELY 4 BILLION TONS PER YEAR. AN ANNUAL INCREASE OF 8% IS ANTICIPATED THROUGH THE NEXT DECADE -- AND THIS RAISES THE CRUCIAL QUESTION: WHAT IS TO BE DONE WITH THESE GROWING MOUNTAINS OF SOLID WASTE?

2. THE MOST WIDESPREAD METHOD OF DISPOSAL IS TO LANDFILL DISCARDED MATERIALS. HOWEVER, LAND HAS BECOME A SCARCE RESOURCE IN THE NATION'S MAJOR METROPOLITAN AREAS. MANY OF OUR MAJOR CITIES WILL SOON BE OUT OF LANDFILL CAPACITY, SO SOME ARE ALREADY SEEKING DISPOSAL SITES OUTSIDE THEIR TERRITORIAL LIMITS. SOME STATES, IN TURN, MOVED TO BAN THE IMPORTATION OF WASTES, BUT IN THE CASE OF CITY OF PHILADELPHIA V. NEW JERSEY, 98 S. CT. 2531 (1978), THE SUPREME COURT RECENTLY RULED THAT NEW MERSEY, FOR EXAMPLE, CANNOT CONSTITUTIONALLY BAR THE TRANSPORTATION OF PHILADELPHIA'S WASTE MATERIALS OVER STATE LINES.

3. INDUSTRIAL RECYCLING CONSERVES NOT ONLY VIRGIN NATURAL RESOURCES -- IT CONSERVES TREMENDOUS AMOUNTS OF INDUSTRIAL ENERGY. AT A TIME WHEN OUR NATION IS FRANTICALLY SEEKING WAYS AND MEANS TO REDUCE INDUSTRIAL ENERGY CONSUMPTION, WHICH ACCOUTS FOR ABOUT 40% OF OUR NATION'S ENERGY DEMANDS EACH YEAR, INDUSTRIAL ALUMINUM RECYCLERS CONSERVE 96% OF THE ENERGY NEEDED TO MAKE THE SAME ALUMINUM PRODUCTS WITH VIRGIN BAUXITE; COPPER RECYCLERS CONSERVE 85%, WHILE IRON AND STEEL, ZINC, LEAD, PAPER AND RUBBER RECYCLERS SAVE MORE THAN 60% OF THE ENERGY OTHERWISE NEEDED TO PRODUCE THE SAME PRODUCTS FROM VIRGIN RESOURCES.

4. FINALLY, OF COURSE, INDUSTRIAL RECYCLING RESULTS IN SIGNIFICANT REDUCTIONS OF AIR AND WATER POLLUTION -- AND IN THE VOLUME OF WATER NEEDED TO MAKE INDUSTRIAL PRODUCTS.

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/1/ SEE 42 OF U.S.C. 6953

THUS, THIS COMMITTEE WAS PATENTLY CORRECT WHEN IT CONCLUDED IN ITS REPORT IN SUPPORT OF RCRA IN 1976, AT PAGE 3:

"THE COMMITTEE HAS DETERMINED THAT DISCARDED MATERIALS HAVE VALUE

IN THAT ENERGY AND MATERIALS CAN BE RECOVERED FROM THEM. IN THE

RECOVERY OF SUCH ENERGY OR MATERIALS, A NUMBER OF ENVIRONMENTAL

DANGERS CAN BE AVOIDED. SCARCE LAND SUPPLY CAN BE PROTECTED.

THE BALANCE OF TRADE DEFICIT CAN BE REDUCED. THE NATION'S RELIANCE

ON FOREIGN ENERGY AND MATERIALS CAN BE REDUCED AND USEFUL EMPLOYMENT

CAN BE GENERATED BY THE CONSTRUCTION OF NEEDED WASTE MANAGEMENT

FACILITIES."

THE SECRETARY OF COMMERCE, HOWEVER, HAS FAILED TO APPRECIATE THE URGENCY AND IMPORTANCE OF RCRA AND ITS AIM TO ATTAIN MAXIMUM INDUSTRIAL RESOURCE RECOVERY AND CONSERVATION AT THE EARLIEST POSSIBLE DATE

IN AN EFFORT TO ATTAIN MAXIMUM INDUSTRIAL RESOURCE RECOVERY, RECYCLING AND CONSERVATION IN THE UNITED STATES AT THE EARLIEST POSSIBLE DATE, THEREFORE, CONGRESS DIRECTED THE FOLLOWING STATUTORY MANDATES TO THE SECRETARY OF COMMERCE IN RCRA:

A. "DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS.

"THE SECRETARY OF COMMERCE SHALL WITHIN TWO YEARS AFTER OCTOBER 21, 1976, TAKE SUCH ACTIONS AS MAY BE NECESSARY TO

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

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

(3) ENCOURAGE THE DEVELOPMENT OF NEW USES FOR RECOVERED MATERIALS." /1/

B. "DEVELOPMENT OF SPECIFICATIONS FOR SECONDARY MATERIALS.

"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 OCTOBER 21, 1976, PUBLISH GUIDELINES FOR THE DEVELOPMENT OF SPECIFICATIONS FOR THE CLASSIFICATION OF MATERIALS RECOVERED FROM WASTE WHICH WERE DESTINED FOR DISPOSAL.

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/2/ SEE 42 U.S.C. 6952.

THE SPECIFICATIONS SHALL PERTAIN TO THE PHYSICAL AND CHEMICAL

PROPERTIES AND CHARACTERISTICS OF SUCH MATERIALS WITH REGARD TO

THEIR USE IN RECYCLING VIRGIN MATERIALS IN VARIOUS INDUSTRIAL,

COMMERCIAL AND COVERNMENTAL 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. . ." /2/

TO DATE -- APPROXIMATELY TWO AND A HALF YEARS AFTER RCRA BECAME LAW ON OCTOBER 21, 1976 -- THE SECRETARY OF COMMERCE HAS SEEMINGLY IGNOREI THESE CLEAR-CUT STATUTORY DUTIES OF SUCH CRITICAL IMPORTANCE TO THE UNITED STATES. MORE SPECIFICALLY, TO THE BEST OF NARI'S KNOWLEDGE, INFORMATION AND BELIEF, SHE HAS

(I) FAILED TO SEEK OR IDENTIFY ANY NEW MARKET FOR RECOVERED MATERIALS;

(II) FAILED TO IDENTIFY, OR SEEK TO ELIMINIATE, ANY ECONOMIC OR TECHNICAL BARRIERS TO THE USE OF RECOVERED MATERIALS;

(III) FAILED TO ENCOURAGE THE DEVELOPMENT OF NEW USES FOR RECOVERED MATERIALS, AND HAS

(IV) FAILED TO PUBLISH THE PRESCRIBED GUIDELINES AND SPECIFICATIONS FOR RECOVERED MATERIALS AS MANDATED BY CONGRESS.

ALL OF THESE EXECUTIVE ACTIONS WERE TO BE TAKEN BY THE SECRETARY BY OCTOBER 21, 1978 -- MORE THAN RIVE (5) MONTHS AGO. SADLY, HOWEVER, NOTHING CONCRETE HAS SURFACED, AND APPARENTLY NO "NEW MARKETS," NO "NEW USES," NO ELIMINATION OF "ECONOMIC AND TECHNICAL BARRIERS," AND NO GUIDELINES OR SPECIFICATIONS ARE ON THE HORIZON.

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INDEED, NARI HAS REQUESTED THE SECRETARY ON SEVERAL DIFFERENT

OCCASIONS TO MEET WITH INDUSTRY LEADERS TO GET THESE STATUTORY

MANDATES MOVING, BUT ON EACH OCCASION, THE SECRETARY HAS NOT BEEN

AVAILABLE.

IF THE DEPARTMENT OF COMMERCE CANNOT, OR WILL NOT, PERFORM THESE STATUTORY DUTIES, THEY SHOULD BE ASSIGNED TO SOME OTHER AGENCY. IF LACK OF APPROPRIATIONS IN THE PROBLEM, THEN CLEARLY WHICHEVER AGENCY IS TO DO THE JOB, SHOULD RECEIVE THE NECESSARY FUNDING TO PERFORM THESE CRUCIALLY IMPORTANT NATIONAL FUNCTIONS.

NARI WISHES TO EMPHASIZE THAT IT IS NOT SEEKING UNFAIRLY TO SINGLE OUT THE SECRETARY OR THE DEPARTMENT OF COMMERCE FOR CIRTICISM. RECENTLY, THE DEPARTMENT TOOK COURAGEOUS, FORCEFUL ACTION UNDER THE EXPORT ADMINISTRATION ACT TO DENY THE STEEL INDUSTRY'S BASELESS REQUEST FOR QUOTAS ON EXPORTS OF SCRAP IRON -- AND THUS IT PRESERVED "ESISTING MARKETS" FOR THESE ABUNDANT WASTE MATERIALS INTACT.

BUT PLAINLY, THE SECRETARY HAS SOME EXTREMELY IMPORTANT FUNCTIONS TO PERFORM UNDER RCRA, AND SO FAR SHE DOES NOT SEEM TO HAVE GRASPED THE VITAL IMPORTANCE OF COMPLYING WITH THE LAW IN THIS RESPECT. NARI AND ITS MEMBERS KNOW THAT, WITH STRONG, FEDERAL LEADERSHIP, NEW MARKETS FOR RECYCLABLE MATERIALS CAN BE DEVELOPED, NEW USES FOR RECYCLABLE MATERIALS CAN BE CREATED AND PROPER SPECIFICATIONA CAN BE PUBLISHED IN SHORT ORDER. THE JOB CAN BE DONE; IT MUST BE DONE. INDEED, WHEN THIS COMMITTEE ASSIGNED THIS JOB TO THE SECRETARY OF COMMERCE, IT STATED IN ITS REPORT, AT PAGE 43:

"THE DEPARTMENT OF COMMERCE HAS, BECAUSE OF ITS LONG-STANDING RELATIONSHIP WITH PRIVATE ENTERPRISE, THE CHANNELS OF COMMUNICATION NECESSARY TO ENCOURAGE GREATER INVOLVEMENT IN RESOURCE RECOVERY AND USE OF RECOVERED MATERIALS."

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THOSE "CHANNELS OF COMMUNICATION" MUST BE USED NOW WITHOUT FURTHER DEVASTATING DELAY.

THE ADMINISTRATIOR OF EPA HAS SIMULTANEOUSLY ALLOWED THE FEDERAL PROCUREMENT SECTIONS OF RCRA TO FALL VICTIM TO LETHARGIC DELAY, REPETITIOUS STUDY AND RE-STUDY, AND EXECUTIVE DEPARTMENT ATTEMPTS TO RE-LEGISLATE IN THIS AREA

IN ITS REPORT IN SUPPORT OF RCRA, THIS COMMITEE STATED, AT PAGE 51:

"THE COMMITTEE BELIEVES THAT THE USE OF FEDERAL PURCHASING POWER TO PROVIDE (AN ADDITIONAL STIMULUS) REPRESENTS A CONSTRUCTIVE USE OF GOVERNMENT POWER WHICH HAS THE POTENTIAL FOR MOTIVATING OTHER LEVELS OF GOVERNMENT AND PRIVATE INDUSTRY TO USE GREATER AMOUNTS OF RECOVERED MATERIALS.

"TO ACCOMPLISH A GREATER PURCHASE OF ITEMS WHICH CONTAIN RECOVERED MATERIALS THIS LEGISLATION DIRECTS THAT ITEMS COMPOSED OF THE HIGHEST PERCENTAGE OF RECOVERED MATERIALS PRACTICABLE BE PURCHASED UNLESS SUCH PURCHASE ADVERSELY AFFECTS THE MAINTENANCE OF A SATISFACTORY LEVEL OF COMPETITION OR UNLESS THE ITEMS ARE NOT REASONABLY PRICED OR FAIL TO MEET PERFORMANCE SPECIFICATIONS.

"FEDERAL AGENCIES WILL ALSO BE REQUIRED TO REVIEW THEIR SPECIFICATIONS WITHIN 18 MONTHS OF ENACTMENT TO ENSURE THAT SUCH SPECIFICATIONS ARE BASED ON PERFORMANCE AND DO NOT DISCRIMINATE AGAINST RECOVERED MATERIALS. . .REVISED SPECIFICATIONS WILL REQUIRE RECLAIMED MATERIALS TO THE MAXIMUM EXTENT POSSIBLE WITHOUT ADVERSELY AFFECTING THE INTENDED END USE OF THE ITEM.

"THE COMMITTEE ANTICIPATES THE EFFECT OF PLACING AN EMPHASIS ON RECOVERED MATERIALS IN FEDERAL PROCUREMENT POLICY TO BE WIDESPREAD. NOT ONLY WILL DIRECT PURCHASING AFFECT PRODUCTS OFFERED BY THE PRIVATE SECTOR BUT FEDERAL GUIDELINES, STANDARDS AND SPECIFICATIONS USED IN CONNECTION WITH FEDERAL GRANTS AND OTHER FEDERAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS CAN BE AN IMPORTANT STIMULUS FOR THOSE GOVERNMENTS AND FOR PRIVATE INDUSTRY TO ADOPT A PRO-RECOVERED MATERIALS POLICY."

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/3/ SEE 42 U.S.C. 6962.

/4/ SEE 42 U.S.C. 6962(G).

THUS, THE "FEDERAL PROCUREMENT" SECTIONS OF RCRA REQUIRE: /3/

(1) BY OCTOBER 21, 1978, ALL FEDERAL PROCUREMENT AGENCIES SHALL PROCURE ITEMS COMPOSED OF THE HIGHEST PERCENTAGE OF RECOVERED MATERIALS;

(2) BY OCTOBER 21, 1978, ALL CONTRACTING OFFICERS SHALL REQUIRE VENDORS TO CERTIFY THE PERCENTAGE OF RECYCLED MATERIALS UTILIZED IN PRODUCTS SUPPLIED TO THE GOVERNMENT;

(3) BY OCTOBER 21, 1978, ALL FEDERAL PROCUREMENT SPECIFICATIONS WILL BE REVISED TO REQUIRE THAT ALL PROCURED PRODUCTS CONTAIN RECLAIMED MATERIALS TO THE MAXIMUM EXTENT POSSIBLE.

(4) THE ADMINISTRATOR OF EPA SHOALL PROVIDE "GUIDELINES" TO ALL FEDERAL AGENCIES FOR USE IN COMPLYING WITH THESE RCRA REQUIREMENTS, TOGETHER WITH INFORMATION REGARDING THE AVAILABILITY, SOURCES OF SUPPLY, AND POTENTIAL USES OF MATERIALS AND ITEMS CONTAINING RECYCLABLES TO THE MAXIMUM DEGREE.

IN FACT, RCRA WENT ON TO DIRECT THE OFFICE OF PROCUREMENT POLICY IN THE WHITE HOUSE TO COOPERATE WITH EPA TO

"IMPLEMENT THE POLICY EXPRESSED IN THIS SECTION." /4/

BUT, OCTOBER 21, 1978 CAME AND WENT MORE THAN FIVE (5) MONTHS AGO -- AND NONE OF THESE SALUTARY, SIMPLE STATUTORY MANDATES, SINCE EXTENDED BY CONGRESS AT EPA'S REQUEST, HAVE BEEN FULFILLED.

WHY? ? ?

AGAIN, NARI DOES NOT WISH UNFAIRLY TO CRITICIZE EPA OR ITS ADMINISTRATOR, BUT ITS OBSERVATIONS ARE AS FOLLOWS:

1. INSTEAD OF SIMPLY COMPLYING WITH THE LAW, AS POSSED BY CONGRESS, EPA AND OTHER AGENCIES OF THE EXECUTIVE BRANCH HAVE LETHARGICALLY "STUDIED" AND "RE-STUDIED" THE LEGISLATIVE DIRECTIVES OVER AND OVER, AND IN SOME INSTANCES, THEY HAVE GONE SO FAR AS TO QUESTION WHETHER THE CONGRESSIONAL DIRECTIVES ARE ACTUALLY SOUND AND SALUTARY;

2. THEY HAVE ALLOWED REPRESENTATIVES OF "VIRGIN RESOURCE MATERIAL-ORIENTED COMPANIES AND TRADE ASSOCIATIONS" TO BLUR THEIR VISSION AND CONTINUALLY DELAY AND FRUSTRATE THE STATUROTY PROCEDURES;

3. THEY HAVE FAILED TO ACT WITH A SENSE OF URGENCY; INDEED, THEY HAVE PROCEEDED SO LESIURELY THAT TODAY, LONG AFTER THE ORIGINAL STATUTORY DEADLINE, NONE OF THE NEW STATUTORY PROCUREMENT DIRECTIVES ARE IN FORCE;

4. EVEN NOW, ALMOST THREE (3) YEARS AFTER RCRA WAS ENACTED IN 1976, THEY HAVE RESTRICTED THEIR "THRESHHOLD GUIDELINE STUDIES" TO PAPER AND CONSTRUCTION MATERIALS ALONE -- SO, AT THE PRESENT PACE, IT WILL BE YEARS, PERHAPS DECADES, BEFORE ALL MATERIALS AND ITEMS PURCHASED BY THE FEDERAL GOVERNMEMT MEET THE RCRA PROCUREMENT REQUIREMENTS; AND

5. FINALLY, AS OF NOW, CONGRESS ITSELF WHICH ENACTED RCRA, CONSIDERS ITSELF EXEMPT FROM THAT STATUTE -- AND THUS, IRRESPECTIVE OF EPA'S ULTIMATE ACTIONS, IT INTENDS TO CONTINUE TO PURCHASE ALL OF ITS OWN PAPER SUPPLIES -- AND THOSE OF THE GOVERNMENT PRINTING OFFICE -- WITHOUT COMPLIANCE WITH RCRA.

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THIS, NARI SUBMITS, IS A DISMAL PICTURE CONSIDERING THE HIGH HOPES THE FEDERAL PROCUREMENT SECTION OF RCRA PROMISED IN 1976. IT IS EVEN MORE DISCOURAGING WHEN ONE RECALLS THAT, SINCE ABOUT 1970, GSA HAS BEEN OPERATING A VERY SUCCESSFUL PAPER PROCUREMENT PROGRAM -- A PROGRAM WHICH SERVED AS A MODEL FOR RCRA'S FEDERAL PROCUREMENT SECTION AND WHICH WAS PUT INTO EFFECT WITH ONLY A MINIMUM OF PROCEDURAL DELAYS. IT IS ABSOLUTELY DEPRESSING WHEN IT IS REALIZED, HOWEVER, THAT GSA HAS CONSTRUED THE BROAD DEFINITIONS OF RECYCLABLE SOLID WASTE MATERIALS IN RCRA TO INCLUDE CERTAIN VIRGIN PAPER-MAKING MATERIALS -- AND THAT EPA HAS FAILED EFFECTIVELY TO NEGOTIATE A CANCELATION OF THAT GSA ADMINISTRATIVE INTERPRETATION ALBEIT THE ADMINISTRATOR OF GSA OFFERED TO NEGOTIATE A YEAR AGO.

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/5/ SEE 42 U.S.C. 6982(J)

IN SUM AND SUBSTANCE, THEREFORE, EPA HAS ALLOWED THE "FEDERAL PROCUREMENT" SECTIONS OF RCRA TO STAGNATE AND REMAIN IMPOTENT IN FACT, IT HAS EVEN ALLOWED RCRA TO BE CONSTRUED BY ANOTHER FEDERAL AGENCY IN SUCH A MANNER AS TO DILUTE THE ONLY SUCCESSFUL FEDERAL PROCUREMENT PROGRAM IN FORCE WHEN RCRA WAS ENACTED IN 1976.

IN ADDITION, WELL INTO 1979, THE RESOURCE CONSERVATION COMMITTEE, WHICH IS CHAIRED BY THE ADMINISTRATOR OF EPA, HAS STILL FAILED TO RELEASE THE RESULTS OF ITS INVESTIGATION UNDER RCRA WITH REFERENCE TO (1) "THE APPROPRIATENESS OF RECOMMENDED INCENTIVES AND DISINCENTIVES TO FOSTER RESOURCE CONSERVATION," AND (2) THE EFFECT OF EXISTING PUBLIC POLICIES ON RESOURCE CONSERVATION AND HOW THOSE POLICIES MIGHT BEST BE CHANGED, ETC., ETC. /5/

CONCLUSIONS

THUS ADMINISTERED, RCRA HAS BEEN A "TOOTHLESS TIGER" -- "A DEAD LETTER" -- FOR ALMOST THREE (3) YEARS.

IN THE MEANTIME, CONGRESS HAS PASSED ANOTHER STATUTE -- SECTION 461 OF THE ENERGY CONSERVATION POLICY ACT OF 1978 -- WHICH DIRECTS. THE SECRETARY OF ENERGY TO

"SET TARGETS FOR INCREASED UTILIZATION OF ENERGY-SAVING RECOVERED MATERIALS. . .AT LEVELS WHICH REPRESENT THE MAXIMUM FEASIBLE INCREASE IN UTILIZATION OF ENERGY-SAVING RECOVERED MATERIALS EACH INDUSTRY CAN ACHIEVE PROGRESSIVELY BY JANUARY 1, 1987."

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HOW MUCH EASIER THE SECRETARY OF ENERGY'S JOB UNDER THAT STATUTE WOULD BE -- AND HOW MUCH HIGHER THE INTIIAL ANNUAL "TARGETS" COULD BE SET -- IF ONLY THE DEPARMTNET OF COMMERCE AND EPA HAD ALREADY PERFORMED THEIR STATUTORY DUTIES AS AND WHEN REQUIRED BY RCRA.

THIS COMMITTEE, HOWEVER, MUST FORECLOSE ALL FUTURE DELAYS, AND ALL AGENCIES INVOLVED IN RESOURCE CONSERVATION AND RECOVERY MUST BE DIRECTED IN UNMISTAKEABLE TERMS TO PERFORM THEIR STATUTORY DUTIES UNDER RCRA WITHOUT FURTHER DEBILITATING DELAYS AND INACTION.

MR. FLORIO. THAN YOU VERY MUCH, MR. MERRIGAN.

MR. MERRIGAN. THANK YOU, MR. CHAIRMAN. I AM SORRY I WENT ON SO LONG, BUT IT IS A SERIOUS PROBLEM, FROM OUR STANDPOINT.

MR. FLORIO. MR. SANTINI.

MR. SANTINI. MR. MERRIGAN, DO I GATHER THEN THAT AS THE COUNSEL FOR THE NATIONAL ASSICATION FOR RECYCLING INDUSTRIES, YOUR POSITION IS ESSENTIALLY THAT THE EXISTING LAW AS IT IS WRITTEN IS SATISFACTORY TO THE INDUSTRY YOU REPRESENT? THE BASIC DELINQUENCY THAT YOU ADDRESS MUCH OF YOUR NONCRITICAL COMMENT TO IS WITH RESPECT TO THE IMPLEMENTATION BY THE TWO AGENCIES CONCERNED, COMMERCE AND EPA.

MR. MERRIGAN. I THINK THE TWO AGENCIES HAVE SIMPLY NOT GIVEN IT THE SAME SENSE OF URGENCY THEY HAVE GIVEN AIR POLLUTION, WATER POLLUTIO, OSHA AND THOSE SORT OF STANDARDS WHICH REQUIRE EMERGENCY URGENT TREATMENT.

MR. SANTINI. I THINK YOUR INDUSTRY AND THE INDUSTRIES THE OTHER GENTLEMEN REPRESENT ARE ALSO CAUGHT UP IN THIS CONFUSED, OVERLAPPING MISSION PROBLEM OF THREE AGENCIES OF GOVERNMENT. ALL HAVE SOME IMPORTANT ROLE IN THE IMPLEMENTATION OF THIS OVERALL 1976 PROGRAM. I CAN OFFER YOU LITTLE SOLACE IN TELLING YOU THAT WE ARE GOING TO RECONCILE THAT DILEMMA TOMORROW IN TERMS OF EITHER THE CONFLICTS OR INACTIONS WHICH ARE EXISTENT IN THOSE GOVERNMENT AGENCIES.

BUT THERE IS ONGOING NOW,AS THE RESULT OF AN EFFORT I PURSUED IN JUNE 1977, THE FIRST DOMESTIC INTERAGENCY STUDY. THE CARTER ADMINISTRATION ADDRESSED ITSELF TO A MINERAL POLICY STUDY REVIEW. AS CHAIRMAN OF MINES AND MINING, I AM GOING TO BE DEVOTING A CONSIDERABLE AMOUNT OF TIME THIS YEAR AND PERHAPS NEXT YEAR TO RIDING HERD ON THAT STUDY.

YOU HAVE AT LEAST INTRODUCED TO ME ANOTHER ASPECT OF A PROBLEM OF NATIONAL MAGNITUDE. I HAVE REFERENCE TO MINERAL INDUSTRIES. I AM GOING TO TRY TO INSURE THAT REPRESENTATIVES OF THE INDUSTRY YOU REPRESENT ARE INVOLVED AND HAVE AN OPPORTUNITY TO COME IN AND PRESENT THE RECYCLING COMPONENT OF THE OVERALL FOREIGN IMPORT RELIANCE PROBLEM ON MINERALS. I THINK THAT IS A DIMENSION OF THE PROBLEM WHICH NEVER GETS COORDINATED WITH THE OVERALL CONSIDERATIONS THAT GO ON WITH RESPECT TO DECISIONMAKING IN MINERALS.

PERHAPS WE CAN TRY AND SHIFT THE EMPHASIS A BIT TO GET SOME RECOGNITION OF WHAT CONTRIBUTION RECYCLING MAKES.

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THERE ARE CERTAIN MINERALS RECYCLING CANNOT ADDRESS, BUT THERE ARE OTHER MINERALS TYOU HAVE IDENTIFIED THAT IT CAN CERTAINLY ADDRESS. I WILL TRY TO ASSURE THAT ASPECT OF YOUR CONTRIBUTION TO THE SOLUTION IS INCLUDED IN OUR EFFORTS.

MR. MERRIGAN. MR. SANTINI, WE WOULD APPRECIATE THAT. MANY OF OUR COMPANIES -- FOR EXAMPLE, IN ALUMINUM, REYNOLDS AND ALCOA ARE MEMBERS OF THIS TRADE ASSOCIATION BECAUSE THEY ALL HAVE SECONDARY SOURCES OF THEIR OWN. I MEAN THEY ALL HAVE SECONDARY PROVISIONS, SECONDARY MEANS OF RECYCLING. BUT ALL OF THEM WILL TELL YOU QUITE CANDIDLY THAT UNTIL YOU ELIMINATE THE BIASES AGAINST THE RECYCLABLES, THEY CAN NEVER MAXIMIZE THEIR USE OF THE MATERIALS. RECYCLING CAN NEVER REPLACE THE VIRGIN SIDE. YOU UNDERSTAND THAT. WE MUST ALWAYS HAVE NEW MATERIALS. BUT WE CERTAINLY HAVE A PLACE WHERE WE HAVE A COMMON INTEREST.

I AM SO PLEASED TO HEAR YOU SAY THAT WHEN YOU STUDY THE OVERALL MINERAL PROBLEM, YOU WILL LOOK AT BOTH SIDES. I THINK THAT IS THE MOST WE COULD ASK AT THIS POINT.

MR. SANTINI. THANK YOU, MR. CHAIRMAN.

MR. FLORIO. I HUST HAVE ONE QUESTION WITH REGARD TO THE SITE SELECTION QUESTION WHICH WAS RAISED. ARE ANY OF THE COMPANIES THAT ARE A PART OF YOUR ASSOCIATION GIVING ANY CONSIDERATION TO INCINERATION ON THE HIGH SEAS?

MR. JOHNSON. WE HAVE AS A MEMBER THE ONE COMPANY WHICH WOULD

OFFER THIS SERVICE IN THIS HEMISPHERE.

MR. FLORIO. WHAT IS THAT COMPANY?

MR. JOHNSON. THEIR LOCAL REPRESENTATIVE IS OCEAN COMBUSTION SYSTEMS IN WASHINGTON. THE SHIP THEY REPRESENT IS THE M.S. VOLCANUS. YOU MAY NOT RECALL, BUT IT WAS THAT SHIP WHICH SOLVED THE MILITARY'S PROBLEM OF DISPOSAL OF THE NOTORIOUS MATERIAL GAENT ORANGE BY BURNING IT ON THE HIGH SEAS.

MR. FLORIO I WOULD BE PLEASED TO RECEIVE ANY INFORMATION YOU HAVE ABOUT THAT. I AM ALSO OF THE OPINION -- AND I HAVE NEGLECTED TO ASK EPA -- THAT THEY ARE GIVING SOME THOUGHT TO ACQUIRING SOME SORT OF DERRICK OR SOMETHING FROM ONE OF THE OIL COMPANIES, OR SOME SORT OF SHIP TO TRY OUT AS A DEOMONSTRATION PROJECT INCINERATION AT SEA. I WOULD BE INTERESTED IN ANY IFNROMATION YOU MIGHT BE ABLE TO PROVIDE.

MR. JOHNSON. I WOULD BE HAPPY TO FORWARD YOU INFORMATION ON THAT SHIP. IT HAS ONLY MADE ONE TRIP TO THIS HEMISPHERE. AS YOU CAN IMAGINE, IT IS A FAIRLY COSTLY VENTURE TO BRING IT ACROSS. IT IS NOT A VERY SWIFT SHIP, AS SHIPS GO. THEY ALSO BURN AT A VERY HIGH RATE, SO THEY HAVE TO ACCUMULATE SHORESIDE A VERY LARGE VOLUME OF MATERIAL TO BE DESTROYED IN ORDER TO JUSTIFY A TRIP TO THIS HEMISPHERE. THEY ARE EXPLORING THE POSSIBILITIES OF BUILDING A SECOND SHIP WHICH WOULD BE BASED IN THE WESTERN HEMISPHERE.

MR. FLORIO. THIS IS FOR HAZARDOUS MATERIAL?

MR. JOHNSON. IT IS STRICTLY FOR COMBUSTIBLE HAZARDOUS MATERIALS.

MR. FLORIO. GENTLEMEN, WE THANK YOU VERY MUCH FOR YOUR HELP.

(THE FOLLOWING LETTERS AND STATEMENTS WERE RECEIVED FOR THE RECORD:)

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THE HONORABLE JAMES J. FLORIO, CHAIRMAN SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE 3150 HOUSE OFFICE BUILDING ANNEX 2 WASHINGTON, D.C. 20515

I WANT TO INDICATE IN THE STRONGEST POSSIBLE WAY MY UNHAPPINESS AT THE LACK OF RESPONSIVENESS ON THE PART OF THE ENVIRONMENTAL PROTECTION AGENCY IN IMPLEMENTING THE RESOURCE CONSERVATION AND RECOVERY ACT.

MY UNHAPPINESS RESULTS FROM THE CAVALIER ATTITUDE EPA HAS SHOWN TOWARDS THE SUFFERING AND PUBLIC OUTCRY OF THE RESIDENTS OF WILSONVILLE, ILLINOIS, WHERE A HAZARDOUS WASTE FACILITY HAS BEEN LOCATED. EPA'S ACTIONS IN THE CASE OF WILSONVILLE HAVE BEEN ENTIRELY INCONSISTENT WITH ITS OBLIGATIONS UNDER RCRA.

LOCATED WITHIN THE CITY LIMITS OF WILSONVILLE, A HAZARDOUS WASTE DUMP WITH THE EUPHEMISTIC NAME OF EARTHLINE HAS CREATED AN EXTRAORDINARY CONTROVERSY. IN A SUIT AGAINST THE COMPANY, THE CITIZENS OF WILSONVILLE, JOINRED BY THE ILLINOIS ATTORNEY GENERAL, SOUGHT INJUNCTIVE RELIEF AGAINST FURTHER DUMPING AND OPERATION OF THE EARTHLINE SITE. IRONICALLY, EPA TOOK THE SIDE OF WILSONVILLE. SQUARING OFF AGAINST EACH OTHER, THE RESIDENTS WON A VICTORY IN AUGUST OF 1978 WHEN JUDGE JOHN RUSSELL ORDERED THE SITE CLOSED AND DISMANTLED BECAUSE OF THE DANGER IT POSED TO THE TOWN. YET JUDGE RUSSELL'S ORDER MAY NEVER BE IMPLEMENTED IF HIS DECISION IS OVERTURNED ON APPEAL, AN APPEAL SUPPORTED BY EPA.

DESPITE THE REQUIREMENTS OF RCRA AND WHAT I BELIEVE TO BE CLEAR CONGRESSIONAL INTENT -- NOT TO MENTION COMMON SENSE -- EPA'S APPROACH HAS BEEN TO IGNORE THE MOST BASIC AND PERHAPS THE SINGLE MOST IMPORTANT PROBLEM IN THE REGULATION OF HAZARDOUS WASTE: SITE SELECTION. IN RULES RECENTLY PROPOSED BY THE AGENCY FOR SECTIONS 3001, 3002 AND 3004 OF RCRA, THERE IS LITTLE EVIDENCE THAT EPA EVEN CONSIDERED THIS IMPORTANT QUESTION.

IN FACT, IT IS THE VERY ABSENCE OF TOUGH REGULATIONS ON SITE SELECTION THAT CUASED THE PROBLEM OF WILSONVILLE.

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BACK IN 1976, WHEN CONSTRUCTION PERMITS WERE GRANTED TO EARTHLINE, NO MENTION WAS MADE AS TO WHAT THE COMPANY PLANNED TO TREAT AND BURY THERE. IT WAS ONLY AFTER THE DUMP BEGAN FILLING UP THAT RESIDENTS LEARNED OF THE DANGEROUS CHEMICALS BEING BURIED WITHIN THEIR COMMUNITY. IMMEDIATELY, THE RESIDENTS COMMENCED LEGAL ACTION AGAINST EARTHLINE IN WHAT WAS TO BE THE BEGINNING OF A LONG AND PROTRACTED BATTLE AGAINST EARTHLINE AND EPA.

EPA'S INVOLVEMENT IN THE WILSONVILLE CASE, FROM THE VERY BEGINNING, HAS LACKED A LOGICAL FOCUS. BECAUSE OF INTERNAL DISSENSION WITHIN THE AGENCY, THERE HAS NEVER BEEN A DETERMINATION BY EPA OF THE SAFETY OF THE WILSONVILLE FACILITY. IN A LETTER I RECEIVED THIS PAST WEEK FROM MR. THOMAS JORLING, ASSISTANT ADMINISTRATOR FOR WATER AND WASTE MANAGEMENT FOR EPA, I WAS TOLD THAT THERE HAS NEVER BEEN A DETERMINATION BY EPA AS TO WHETHER WILSONVILLE IS A "SITUATION THAT POSE(S) AN EXISTING OR POTENTIAL IMMINENT HAZARD TO PUBLIC HEALTH THROUGH GROUNDWATER CONTAMINATION, SURFACE WATER DISCHARGES INCLUDING POTENTIAL SPILLS, AIR EMISSION AND/OR RADIATION EMISSIONS.? CITING ITS OBLIGATION UNDER THE CLEAN WATER ACT AND THE TOXIC SUBSTANCES CONTROL ACT (TSCA), EPA CLAIMS TO HAVE CONDUCTED A VERY LIMITED TECHNICAL REVIEW ONLY OF THE ADEQUACY OF THE SITE FOR PCB STORAGE AND DISPOSAL. ACCORDING TO MR. JORLING'S LETTER, THE TECHNICAL EVALUATION OF THE FACILITY FOR HANDLING PCB'S "COULD BE (AND WAS) MEASURED AGAINST (AT THAT TIME) PROPOSED EPA REGULATIONS CONCERNING THE HANDLING OF PCB'S UNDER TSCA." YET FAR MORE DANGEROUS CHEMICAL WASTES THAN PCB'S ARE BEING STORED AT THE EARLINE SITE IN WILSONVILLE. CYANIDE AND DIOXIN, THE LATTER OF WHICH IS SO DEADLY THAT AS LITTLE AS THREE OUNCES OF DIOXIN IS ENOUGH TO KILL MORE THAN THREE MILLION PEOPLE, ARE BEING TRUCKED TO WILSONVILLE AND BURIED IN THAT TINY COMMUNITY.

IF EPA COULD DETERMINE THAT WILSONVILLE WAS SAFE FOR HANDLING PCB'S USING PROPOSED REGULATIONS, WHY DID NOT THE AGENCY, USING THE PROPOSED RULES FOR SECTIONS 3001, 3002 AND 3004 ISSUED DECEMBER 18, 1978, MAKE A DETERMINATION AS TO THE SAFETY OF WILSONVILLE AS A PLACE TO BURY DIOXIN AND CYANIDE BEFORE FILING ITS AMICUS CURIAE BRIEF FEBRUARY 5, 1979, IN THE APPEAL OF VILLAGE OF WILSONVILLE ET AL. V. EARTHLINE CORPORATION? EPA'S RELUCTANCE TO CONDUCT A TECHNICAL EVALUATION BETWEEN THE MIDDLE OF DECEMBER AND THE FIRST OF FEBRUARY IS INCONSISTENT WITH ITS ACTIONS IN REVIEWING EARTHLINE S CAPACITY FOR HANDLING PCB'S. NEVER HAVING DETERMINED THE SAFETY OF THE WILSONVILLE SITE, HOW CAN EPA JUSTIFY SUBMITTING AN AMICUS BRIEF SUPPORTING THE COMPANY AND THE FACILITY AND PLACING THE ENOURMOUS PRESTIGE (NOT TO MENTION LIMITLESS ECONOMIC AND LEGAL RESOURCES) ON THE SIDE OF THE COMPANY AND AGAINST THE PEOPLE OF WILSONVILLE? EPA HAS GONE OFF HALF-COCKED AND DONE A HALF-BAKED JOB IN EVALUATING THE SAFETY OF THE EARTHLINE DUMP AT WILSONVILLE.

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THE AGENCY'S SUPPORT OF EARTHLINE COMPROMISES THE IMAGE AND EFFECTIVENESS OF EPA AND THE ENTIRE FEDERAL GOVERNMENT IN THE EYES OF THE RESIDENTS OF CENTRAL ILLINOIS.

EPA'S INCONSISTENT AND MUDDLED APPROACH BECOMES MORE OBVIOUS WHEN MR. JORLING ADDS THE CAVEAT THAT WHEN EPA PERSONNEL TESTIFIED IN THE CASE IT WAS "THEIR INDIVIDUAL OPINIONS -- BASED ON INFORMATION ABOUT THE FACILITY AND THEIR KNOWLEDGE OF THE THEN-DEVELOPING EPA HAZARDOUS WASTE REGULATIONS -- (THAT) THE WILSONVILLE FACILITY COULD BE CONSIDERED 'ACCEPTABLE' AS A HAZARDOUS WASTE MANAGEMENT FACILITY." SINCE A TECHNICAL EVALUATION FOR THE ENTIRE FACILITY HAS NEVER BEEN MADE, HOW COULD EPA PERSONNEL PROCLAIM THE SITE "ACCEPTABLE" AS A NAZARDOUS WASTE FACILITY?

MUCH OF THE CONTROVERSY AND ARGUMENT SURROUNDING THE WILSONVILLE CASE WOULD HAVE BEEN AVOIDED HAD THREE OF MY LONG STANDING SUGGESTIONS BEEN IMPLEMENTED. IT IS MY BELIEF THAT NO HAZARDOUS WASTE FACILITY SHOULD NEVER BE LOCATED NEAF POPULATED AREAS. ONCE SUCH WASTE FACILITIES HAVE BEEN ESTABLISHED IN A POPULATED AREA, EVEN THE STRICTIST REGULATIONS GOVERNING THEIR OPERATION ARE LIKELY TO PROVE INADEQUATE. IN THE LAST SESSION OF CONGRESS I INTRODUCED A BILL THAT WOULD HAVE SOLVED THIS PROBLEM. I HOPE YOUR SUBCOMMITTEE WILL URGE EPA, IN IMPLEMENTING SECTION 3005 OF RCRA, TO DEVELOP RULES WHICH MAKE IT IMPOSSIBLE TO LOCATE A HAZARDOUS WASTE DUMP IN A POPULATED AREA.

SECONDLY, I WOULD HOPE YOU WILL URGE EPA TO CONSTRUCT A WASTE CLASSIFICATION SYSTEM SUCH AS THOSE IN EFFECT IN ILLINOIS, CALIFORNIA AND TEXAS WHICH RECOGNIZE THE DEGREE OF HAZRAD. UTILIZING THIS KIND OF SYSTEM WILL ENABLE MORE REASONABLE, DEFENSIBLE AND LESS INFLATIONARY REGULATIONS TO BE DEVISED. AND MOST IMPORTANTLY, CLASSIFICATION WILL ALSO, I BELIEVE, MAKE PUBLIC ACCEPTANCE OF CERTAIN HAZARDOUS WASTE SITES MORE LIKELY IF PEOPLE KNOW WHAT KINDS OF WASTES ARE TO BE HANDLED AT A FACILITY. FOR EXAMPLE, FLY ASH IS CONSIDERED HAZARDOUS BUT HAS A LOW LEVEL OF TOXICITY. GIVEN A LOW TAXIC RATING, PEOPLE SHOULD BE MORE WILLING TO HAVE FLY ASH STOFED NEAR THEM THAN A WASTE SUCH AS CYANIDE WHICH HAS A MUCH HIGHER TOXIC RATING.

FINALLY, I FEEL IT IS IMPERATIVE TO HAVE THE PUBLIC PARTICIPATE IN ALL PHASES OF DETERMINING WHERE HAZARDOUS WASTE SITES SHOULD BE LOCATED. IN SECTION 3005, EPA IS CONSIDERING WRITING REGULATIONS THAT WOULD MAKE IT AN OPTION OF THE REGIONAL ADMINISTRATOR TO HOLD PUBLIC HEARINGS TO CONSIDER WHERE TO LOCATE A HAZARDOUS WASTE SITE. THE EXPERIENCE OF WILSONVILLE WHOULD NOT BE REPEATED AGAIN. HEARINGS MUST BE HELD AND FULL DISCLOSURE OF INFORMATION SHOULD BE MINIMUM REQUIREMENTS BEFORE CONSTRUCTION PERMITS ARE GRANTED FOR THE BUILDING OF A FACILITY. I WOULD URGE YOU TO ASK EPA TO REQUIRE HEARINGS TO BE HELD AND TO ACCEPT THIS AS A MINIMUM STANDARD FOR THE PUBLIC PARTICIPATION RULES UNDER SECTION 3005 OF RCRA.

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THE TRAGIC EXPERIENCES OF LOVE CANAL, THE VALLEY OF THE DRUMS AND WILSONVILLE SHOULD NEVER BE ALLOWED TO HAPPEN EVER AGAIN. OVERSIGHT BY YOUR SUBCOMMITTEE OF EPA'S IMPLEMENTATION OF RCRA IS VITAL. I COMMEND YOU FOR THIS AND OFFER MY ASSISTANCE.

P.S. I WILL BE GRATEFUL IF YOU WILL PRINT THE TEXT OF THIS LETTER IN YOUR HEARING RECORD.

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THE HONORABLE JAMES J. FLORIO, CHAIRMAN SUBCOMMITTEE ON TRANSPORTATION AND COMME-CE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE HOUSE OF REPRESENTATIVES WASHINGTON, D.C. 20515

THE PURPOSE OF THIS LETTER IS TO CONVEY THE COMMENTS OF THE CHAMBER OF COMMERCE OF THE UNITED STATES REGARDING OVERSIGHT OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (RCRA). THE CHAMBER IS THE WORLD'S LARGEST BUSINESS FEDERATION WITH OVER 80,000 MEMBERS, 85% OF WHICH ARE SMALL BUSINESSES. BECAUSE OF THE SIZE AND DIVERSITY OF THE CHAMBER'S MEMBERSHIP, WE PROBABLY REPRESENT THE BROADEST SPECTRUM OF PEOPLE AFFECTED BY THE ACT'S VARIOUS REQUIREMENTS.

AS YOU KNOW, MR. CHAIRMAN, THE CHAMBER WAS EXTREMELY ACTIVE IN THE WORK THAT RESULTED IN RCRA, AND WE WERE ONE OF THE STRONGEST PROPONENTS OF BOTH A STRONG FEDERAL ROLE IN THE FURTHERANCE OF RESOURCE RECOVERY AND IN THE CREATION OF A UNIFORM PROGRAM TO CONTROL HAZARDOUS WASTES.

WE WILL DISCUSS BELOW OUR RECOMMENDATIONS FOR AMENDING SUBTITLE C OF THE ACT TO IMPORVE THE HAZARDOUS WASTE PROGRAM. WE WILL THEN SUGGEST OTHER AMENDMENTS TO THE STATUTE THAT ARE NECESSARY TO ACHIEVE RCRA'S GOALS.

COMMENTS ON SUBTITLE C

IT IS INDEED UNFORTUNATE THAT RECENT EVENTS, WHICH HAVE RECEIVED SO MUCH ATTENTION BY THE MEDIA, HAVE DIVERTED ATTENTION FROM THE QUESTION OF WHICH TECHNICAL ADJUSTMENTS MIGHT BE MADE TO RCRA TO ACHIEVE, IN A REASONABLE MANNER, THE ENVIRONMENTAL PROTECTION GOALS WE ALL SUPPORT. WE INTEND TO WORK WITH YOU AT A SUBSEQUENT DATE IN THE FORMULATION OF A RESPONSE TO THE PUBLIC CONCERN OVER THE AFOREMENTIONED INCIDENTS. BUT WE FEEL THAT ATTENTION MUST FIRST BE GIVEN TO THE ACT ITSELF, TO ENSURE THAT IT IS BEING IMPLEMENTED IN AS FAIR AND EFFICIENT A MANNER AS POSSIBLE TO MEET THE ACT'S GOALS. WE COMMEND YOU FOR ARRANGING THE HEARINGS SCHEDULE SO THAT THOSE ISSUES MIGHT BE GIVEN PROPER ATTENTION.

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ATTACHED IS A COPY OF OUR COMMENTS TO THE ENVIRONMENTAL PROTECTION AGENCY (EPA) ON THE DECEMBER 18, 1978 PROPOSED REGULATIONS PURSUANT TO SECTIONS 3001, 3002 AND 3004. THEY EXPRESS THE VIEWS OF A CROSS-SECTION OF INDUSTRY ON PROVISIONS OF MOST CONCERN.

PURSUANT TO THAT STATEMENT, WHICH WE REQUEST YOU TO INCLUDE, IN ITS ENTIRETY, IN THE HEARING RECORD, WE PROPOSE THE FOLLOWING AMENDMENTS TO RCRA TO HELP FACILITATE THE IMPLEMENTATION OF A TRULY EFFECTIVE, YET REASONABLE, HAZARDOUS WASTE CONTROL PROGRAM.

1. RCRA SHOULD BE AMENDED TO MAKE IT CLEAR THAT HAZARDOUS WASTE DISPOSAL FACILITIES BEGUN SUBWEUQENT TO THE PASSAGE OF THE ACT, ARE "GRANDFATHERED." OWNERS OF SUCH SITES ARE IN A QUANDRY SINCE THE REGULATIONS HAVE BEEN DELAYED. THEY ARE CONFUSED AS TO WHAT IS EXPECTED OF THEM. ALTHOUGH MOST, IF NOT ALL, HAVE FOLLWED CLOSELY THE VARIOUS PRELIMINARY DRAFTS OF THE SECTION 3004 REGULATIONS, THE CONTINUAL CHANGES IN THE DRAFTS HAVE COMPOUNDED THE SITUATION. FURTHERMORE, ALTHOUGH THE REGULATIONS HAVE FINALLY BEEN ISSUED IN A PROPOSED FORM, THERE IS NO ASSURANCE THAT A FACILITY BUILT TO THE PROPOSED SPECIFICATIONS WILL MEET THE FINAL REQUIREMENTS.

2. RCRA SHOULD BE AMENDED TO CLARIFY AND REINTERATE SECTIONS 1004(27) AND 6005(A) THAT NPDES WATER STORAGE LAGOONS CONSTRUCTED TO MEET REQUIREMENTS OF THE CLEAN WATER ACT ARE NOT SUBJECT TO THE REQUIREMENTS OF SUBTITLE C. THIS RISING ISSUE, SHOULD IT NOT BE RESOLVED IN A MANNER WHICH AGREES WITH OUR READING OF THE STATUTE, WILL COST INDUSTRY (AND ULTIMATELY THE CONSUMER) MORE THAN ALL OTHER PROVISIONS OF THE ACT COMBINED. AND MORE TO THE POINT, THE ENVIRONMENT WILL NOT BE ANY BETTER PROTECTED AS A RESULT.

3. RCRA SHOULD BE AMENDED TO PARALLEL THE CLEAN AIR AND CLEAN WATER ACTS. THIS WOULD ENSURE THAT EPA RECOGNIZES THE WISDOM BEHIND THE CONCEPT THAT THRE SHOULD BE A DIFFERENT SET OF STANDARDS FOR EXISTING, AS COMPARED TO NEW, HAZARDOUS WASTE DISPOSAL SITES. RETROFITTING EXISTING FACILTIIES TO PUT IN, FOR, EXAMPLE, MONITORING DEVICES BENEATH LANDFILL LINERS WILL REQUIRE OWNERS TO INCUR A TREMENDOUS EXPENSE AND WILL PENALIZE THOSE WHO BUILT THEIR FACILITIES USING THE BEST TECHNOLOGY AVAILABLE. SINCE THEY SPENT MORE TRYING TO BUILD FIRST-CLASS FACILITIES, THEY WILL NOW BE FACED WITH AN EVEN GREATER EXPENSE TO RETROFIT SUCH FACILITIES TO INSTALL MONITORS BENEATH THEM. HOWEVER, SOMEONE WHO PUT IN AN INADEQUATE FACILITY WILL NOT HAVE AS GREAT A BURDEN IN ACCOMPLISHING SUCH A RETROFIT.

4. SECTION 3001 OF THE ACT SHOULD BE AMENDED TO REQUIRE EPA TO INITIATE A CLASSIFICATION PROGRAM BASED ON THE "DEGREE OF HAZARD" OF EACH WASTE. ALTHOUGH EPA HAS WISELY RECOGNIZED THE NEED FOR A "SPECIAL WASTE" CATEGORY ENCOMPASSING WASTES THAT ARE PRODUCED IN TREMENDOUS VOLUMES, A FURTHER CLASSIFICATION IS NEEDED.

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TO EXEMPT A HIGHLY TOXIC WASTE IF IT IS PRODUCED IN LESS THAN 100 KG PER MONTH QUANTITIES WHILE REQUIRING TOTAL CONTROL OF MARGINALLY HAZARDOUS WASTES BECAUSE THEY ARE PRODUCED IN LARGER QUANTITIES, DOES NOT MAKE MUCH SENSE.

5. RCRA SHOULD BE AMENDED TO INCLUDE A CONFIDENTIALITY PROVISION SIMILAR TO THAT INCLUDED IN THE TOXIC SUBSTANCES CONTROL ACT TO ENSURE THE PROPER PROTECTION OF SENSITIVE INDUSTRY DATA THAT IS REQUIRED TO BE REPORTED UNDER SUBTITLE C. THERE IS GREAT CONCERN AMONG INDUSTRIAL EXPERTS THAT WITHOUT SUCH SPECIFIC PROTECTION, SENSITIVE DATA ONTHE SPECIFIC HAZARDOUS WASTES DISPOSED IN A PARTICULAR LANDFILL MIGHT ENTER THE PUBLIC DOMAIN, ALLOWING A COMPETITOR, THROUGH SOPHISTICATED ANALYSIS, TO DETERMINE WHAT PRODUCTS (AND WHAT QUANTITIES OF SUCH PRODUCTS) ARE PRODUCED AT A PARTICULAR PLANT.

6. RCRA SHOULD BE AMENDED TO REQUIRE THE EPA TO INCLUDE A RISK ASSESSMENT TEST IN THE PROMULGATION OF VARIOUS CRITERIA AND TESTS PRUSUANT TO SUBTITLE C. A GREAT MANY COMMENTORS TO EPA ON THE PROPOSED REGULATIONS HAVE MENTIONED THE NEED FOR A COST-BENEFIT ANALYSIS FOR VARIOUS SEGMENTS OF THESE REGULATIONS. SUCH AN ANALYSIS SHOULD BE REQUIRED BY RCRA, AS IT IS IN THE CLEAN AIR ACT. HOWEVER, OF EVEN GREATER IMPORTANCE IS THE NEED FOR A RISK ASSESSMENT ANALYSIS TO DETERMINE IF THE DEGREE OF CONTROL REQUIRED IS COMMENSURATE WITH THE RISK INVOLVED WITH THE DISPOSAL OF EACH SUBSTANCE. WHILE THIS IS A COMPARATIVELY NEW APPROACH, WE THINK THAT IT HOLDS A GREAT DEAL OF MERIT IN THAT IT BEGINS TO FOCUS ATTENTION MORE PROPERLY ON THE QUESTION OF HOW MUCH CONTROL IS NEEDED FOR DIFFERENT SUBSTANCES BASED ON THEIR DEGREE OF TOXICITY AND PERSISTENCE.

7. RCRA SHOULD BE AMENDED TO PARALLEL THE CLEAN WATER ACT TO EXEMPT A SUBTITLE C PERMIT APPLICANT, IN A STATE HAVING AUTHORITY TO ISSUE A HAZARDOUS WASTE PERMIT, FROM THE NEED TO PREPARE AN ENVIRONMENTAL IMPACT STATEMENT AS REQUIRED BY THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA). SUCH AN ASSESSMENT MIGHT VERY WELL BE REQUIRED IN STATES WHERE EPA ISSUES THE PERMIT, BUT THE FACT THAT AN APPLICANT HAS SUCCESSFULLY MET ALL THE STRINGENT REQUIREMENTS NECESSARY TO RECEIVE A SUBTITLE C HAZARDOUS WASTE PERMIT SHOULD OBVIATE HIM OR HER FROM HAVING TO UNDERGO THIS SUPERFLUOUS REQUIREMENT.

COMMENTS ON OTHER SECTIONS

THE FOLLOWING SUGGESTIONS RELATE TO AMENDMENTS TO ENSURE THAT RCRA IS EFFICIENTLY IMPLEMENTED BY EPA IN AREAS OTHER THAN THOSE RELATING TO THE CONTROL OF HAZARDOUS WASTES:

1. THE ACT SHOULD SPECIFY NATIONAL RESOURCE RECOVERY GOALS TO BE MET BY EPA (I.E., A CERTAIN NUMBER OF CITIES WITH ONGOING CONSTRUCTION OF RESOURCE RECOVERY FACILITIES AND/OR A CERTAIN LEVEL OF TONS PEF DAY OF TRASH BEING CONVERTED BY ENERGY RECOVERY SYSTEMS).

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2. THE DEFINITION OF "SOLID WASTE" SHOULD BE NARROWED. AT PRESENT, IT IS SO BROAD THAT CONFUSION AND INACTION HAVE LED TO LITTLE OR NO ENVIRONMENTAL CLEAN UP.

3. SECTION 2006(B), REQUIRING THAT NO LESS THAN 20% OF THE FUNDS APPROPRIATED UNDER THIS ACT BE SPENT FOR THE PURPOSES OF THE RESOURCE RECOVERY PANELS, SHOULD BE STRENGTHENED. EPA HAS FAILED MISERABLY TO MEET THIS REQUIREMENT OF THE ACT, CAUSING A FAILURE OF THE GOALS OF THE ACT WITH RESPECT TO THE EDUCATION OF MUNICIPAL OFFICIALS AS TO HOW THEY MIGHT UTILIZE RESOURCE RECOVERY SYSTEMS TO MEET THEIR PARTICULAR NEEDS.

4. SECTION 8003 OF THE ACT HAS BEEN GIVEN VERY LOW PRIORITY BY EPA. SECTION 8003(A) REQUIRES THE ADMINISTRATOR TO COLLECT, EVALUATE, COORDINATE AND DISSEMINATE INFORMATION ON VARIOUS ASPECTS OF THE SOLID WASTE PROBLEM. FAILURE TO DO SO HAS LEFT A VOID IN THE INFORMATION FLOW NECESSARY TO EDUCATE THE PUBLIC AS TO WHAT CAN AND CANNOT BE DONE TO PROPERLY DISPOSE OF HAZARDOUS WASTES AND IN THE SITING OF HAZARDOUS AND NON-HAZARDOUS WASTE LANDFILLS. BY FAILING TO UTILIZE FULLY SECTION 8003(A), THE AGENCY HAS MISSED AN EXCELLENT OPPORTUNITY TO TAKE THE LEAD IN A PUBLIC EDUCATION EFFORT TO STIMULATE RESOURCE RECOVERY ACTIVITIES WHICH WOULD PROVIDE MORE JOBS, CLEAN UP THE ENVIRONMENT, BETTER UTILIZE URBAN LAND AREAS AND SAVE VALUARBLE FOSSIL FUELS.

SECTION 8003(B) REQUIRES EPA TO ESTABLISH A TECHNICAL INFORMATION LIBRARY. THIS REQUIREMENT HAS BEEN GIVEN A VERY LOW PRIORITY AND IS ANOTHER MISSED OPPORTUNITY TO PROVIDE A MECHANISM FOR INFORMING CITY OFFICIALS OF THE REALITIES OF RESOURCE RECOVERY TECHNOLOGY AND THE EXPERIENCE OTHER COMMUNITIES HAVE HAD IN INVESTING IN SUCH SYSTEMS.

SECTION8003(C) REQUIRES EPA TO SET UP MODEL CODES AND ORDINANCES PROVIDING FOR SOUND SOLID WASTE MANAGEMENT. A RECENT MEETING OF INDUSTRY EXPERTS ON THI SUBJECT CITED THE NEED FOR SUCH ORDINANCES IN ASSISTING MUNICIPALITIES TO BECOME INVOLVED IN RESOURCE RECOVERY FACILITIES BY HAVING AVAILABLE SUCH MODEL CODES IN THE AREAS OF PROCUREMENT, CONTRACT, ALTERNATIVE ENERGY SOURCE INCENTIVES, AND TAXES. THERE WAS A GENERAL INDICTMENT OF THE AGENCY FOR FAILING TO PROVIDE THIS MUCH-NEEDED EXPERTISE IN THIS FASHION.

5. SUBTITLE E SHOULD BE STRENGTHENED. THE BUREAU OF STANDARDS HAS PERFORMED ADMIRABLE IN IMPLEMENTING ITS MANDATE OF SECTION 5002 TO DEVELOP SPECIFICAIONS FOR RECYCLED MATERIALS. BUT, THE ENTIRE DEPARTMENT OF COMMERCE PROGRAM HAS BEEN SEVERELY HAMPERED BECAUSE IT WAS NOT GRANTED A DIRECT AUTHORIZATION IN THE ACT. RATHER, THE DEPARTMENT HAS HAD TO FIGHT DRAWN OUT BUREAUCRATIC BATTLES WITH EPA AND THE OFFICE OF MANAGEMENT AND BUDGET TO GET SUFFICIENT FUNDS TO CARRY OUT ITS MANDATE. RCRA SHOULD BE AMENDED TO GIVE THE DEPARTMENT OF COMMERCE A DIRECT AUTHORIZATION TO ENSURE THAT SUBTITLE E IS MORE EFFECTIVELY IMPLEMENTED.

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WITH THIS ASSURANCE, COMMERCE COULD MOVE AHEAD EXPEDITIOUSLY TO IDENTIFY MARKETS FOR RECYCLED MATERIALS WHICH WILL ENCOURAGE MORE CITIES TO ENGAGE IN RESOURCE RECOVERY. SIMULTANEOUSLY, THE CLOSING OF OPEN DUMPS WILL MAKE RESOURCE RECOVERY PLANTS EVEN MORE ECONOMICALLY ATTRACTIVE, AND WE WILL BE WELL ON OUR WAY TO SEEING THE LOOP CLOSED IN CONTROLLING THE POLLUTION OF OUR URBAN LAND ENVIRONMENT.

WE OFFER THESE RECOMMENDATIONS IN THE HOPE THAT THE ACT WILL INDEED MEET THE GOALS ENVISIONED BY ITS SUPPORTERS WHEN IT WAS ENACTED. WE STAND READY TO WORK WITH YOU AND THE SUBCOMMITTEE STAFF TO ENSURE THAT THE ACT IS ADJUSTED IN A MANNER TO ENSURE ITS SUCCESS. PLEASE FEEL FREE TO CONTACT OUR STAFF SPECIALIST, GARY KNIGHT (659-6173) SHOULD YOU WISH TO DISCUSS THESE POINTS IN DETAIL.

RE REQUEST THAT THIS STATEMENT, BE MADE PART OF THE HEARING RECORD.

CC. SUBCOMMITTEE MEMBERS MS. GEORGETTE WALSH

MR. PAUL MALLOY

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HONORABLE JAMES J. FLORIO CHAIRMAN, SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE HOUSE OF REPRESENTATIVES WASHINGTON, D.C. 20515

THE GOVERNMENTAL REFUSE COLLECTION AND DISPOSAL ASSOCIATION (GRCDA) IS UNABLE TO BE PRESENT TO TESTIFY AT THE HEARINGS SCHEDULED FOR MARCH 27 AND 28, 1979, ON THE REAUTHORIZATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976. HOWEVER, WE FEEL THAT THE CONSIDERATIONS AND DELIBERATIONS OF THE SUBCOMMITTEE REGARDING RCRA ARE FAR TOO IMPORTANT FOR OUR ASSOCIATION NOT TO PRESENT A GENERAL STATEMENT IN SUPPORT OF THE SUBCOMMITTEE'S EFFORT AND THE CONTINUATION OF THE AUTHORITIES OF RCRA.

THE GOVERNMENTAL REFUSE COLLECTION AND DISPOSAL ASSOCIATION WAS ORGANIZED FOR PEOPLE WORKING IN SOLID WASTE MANACEMENT. THE PROGRAM AND ACTIVITIES OF GRCDA PROVIDE INFORMATION AND SERVICES THROUGH TRAINING, RESEARCH, DIRECT ASSISTANCE EFFORTS AND TECHNICAL SIMINARS AND PROGRAMS TO THOSE PEOPLE TO IMPROVE THEIR ABILITY TO DO THEIR JOB.

GRCDA WAS ORGANIZED IN 1961 IN CALIFORNIA BY SOLID WASTE MANACEMENT PROFESSIONS. GRCDA HAS NOW EXPANDED INTO A INTERNATIONAL ORGANIZATION THROUGHOUT THE UNITED STATES AND CANADA. APPROXIMATELY 60% OF GRCDA'S MEMBERSHIP IS EMPLOYED BY PUBLIC AGENCIES AND ORGANIZATIONS AND 40% OF GRCDA'S MEMBERSHIP IS EMPLOYED BY PRIVATE COMPANIES, FIRMS AND ORGANIZATIONS. APPROXIMATELY 25% OF GRCDA'S MEMBERSHIP IS CANADIAN.

GRCDA OFFERS A VARIETY OF PROGRAMS TO ITS MEMBERS. GRCDA'S OBJECTIVES ARE TO PROVIDE EDUCATION AND TRAINING FOR ITS MEMBERS. THEREFORE, A MAJOR PART OF THE INTERNATIONAL ORGANIZATION AND CHAPTERS' EFFORTS ARE INVESTED IN THE CONDUCT OF TECHNICAL MEETINGS, TRAINING PROGRAMS AND SEMINARS TO EXPAND THE KNOWLEDGE AND SKILLS OF OUR MEMBERSHIP. THROUGH GRCDA'S INTERNATIONAL HEADQUARTERS OFFICE, GRCDA'S MEMBERSHIP INTERESTS ARE REPRESENTED AT THE FEDERAL LEVEL IN BOTH THE U.S. AND CANADA. GRCDA ALSO PARTICIPATES IN EFFORTS WITH OTHER ORGANIZATIONS TO INFLUENCE ACTIONS AT THE FEDERAL, STATE AND LOCAL LEVEL WHICH HAVE THE POTENTIAL OF IMPACTING SIGNIFICANTLY ON THE MEMBERSHIP.

FROM THIS BRIEF REVIEW OF GRCDA AND ITS PROGRAMS AND ACTIVITIES, AM SURE THAT YOU CAN UNDERSTAND OUR INTEREST AND SUPPORT IN THE CONTINUATION OF THE AUTHORITIES OF RCRA.

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GRCDA SUPPORTS FULLY THE RE-AUTHORIZATION OF RCRA AND URGES THAT THE SUBCOMMITTEE ASSURE THAT THE EFFORTS BEGUN IN BOTH SUBTITLE C AND SUBTITLE D OF RCRA ARE CONTINUED AND FUNDED FULLY. THESE EFFORTS MUST BE IMPLEMENTED BY STATE AND LOCAL GOVERNMENT AND THEIR INDUSTRY PARTNERS. FINANCIAL AND TECHNICAL ASSISTANCE MUST CONTINUE IF WE ARE TO SEE THE REALIZATION OF THE ELIMINATION OF OPEN DUMPS, INTELLIGENT CONTROL OF HAZARDOUS WASTES, AND THE ACCELERATION OF THE UTILITIZATION OF RESOURCE RECOVERY AS AN OPTION IN SOLID WASTE MAMANGEMENT.

THERE ARE SOME PROFOUND CHANGES THAT SHOULD BE CONSIDERED IN THE AUTHORITIES OF RCRA. HOWEVER, WE WOULD RECOMMEND THAT THE SUBCOMMITTEE REAUTHORIZE RCRA IN ITS PRESENT FORM AND THEN FOCUS ON THOSE AREAS THAT NEED CHANGING IN A MORE SYSTEMATIC PROCESS DURING THE REMAINDER OF THIS YEAR. THERE ARE MANY ISSUES TO CONSIDER AND MANY OPINIONS TO CONSIDER WHICH CAN ONLY BE DONE THROUGH A MUCH LONGER AND SYSTEMATIC PROCESS. SOME OF THE ISSUES WHICH WE THINK WILL NEED CAREFUL STUDY AND CONSIDERATION BEFORE RCRA IS AMENDED INCLUDE:

1. LONG-TERM FINANCIAL RESPONSIBILITY FOR DISPOSAL SITES LICENSED AND PERMITTED CONSISTENT WITH THE REGULATIONS AND CRITERIA OF BOTH SUBTITLE D AND SUBTITLE C. WHILE WE HAVE HEARD CONSIDERABLE DISCUSSION ABOUT A NATIONAL FUND FOR LONG-TERM FINANCIAL LIABILITY FOR CLOSED HAZARDOUS WASTE SITES WE HAVE NOT SEEN THE SAME CONCERN ABOUT MUNICIPALLY OWNED SITES THAT MAY HAVE RECEIVED A MIXTURE OF SOLID WASTES NOT CONSIDERED HAZARDOUS. WE BELIEVE THAT THE FINANCIAL CAPABILITY OF LOCAL GOVERNMENT TO PAY FOR THE IMPACT OF NON-SUDDEN OCCURRENCES RESULTING FROM THESE DISPOSAL SITES IS NO GREATER THAN IT IS FOR INDUSTRY. IN THESE DAYS OF INFLATION, TIGHTENING LOCAL GOVERNMENT BUDGETS, AND THE SPIRIT OF PROPOSITION 13, WE FEEL THAT LONG-TERM LIABILITY FUNDS SHOULD INCLUDE ALL TYPES OF DISPOSAL FACILITIES.

2. THE INVENTORY REQUIRED BY SECTION 4005 OF RCRA WILL NO DOUBT RESULT IN THE DEMAND FOR LOCAL GOVERNMENT TO EXPEND FUNDS JUST TO DETERMINE IF THEIR SITES ARE IN COMPLIANCE. AT THE PRESENT TIME THERE IS NO INDICATION THAT FINANCIAL SUPPORT WILL BE MADE AVAILABLE TO OWNERS AND OPERATORS OF DISPOSAL FACILITIES TO DETERMINE THEIR STATUS. WE SUGGEST THAT IT IS ONLY APPROPRIATE THAT RCRA FUNDS BE PROVIDED TO OWNERS AND OPERATORS (PUBLIC AND PRIVATE) OF SITES FOR THE COSTS OF INVESTIGATIONS REQUIRED BY THE SECTION 4005 INVENTORY.

3. SITE ACQUISITION IS A SIGNIFICANT AND FREQUENTLY IMPOSSIBLE TASK. FAR TOO OFTEN LOCAL GOVERNMENT IS UNABLE TO OVERCOME CITIZEN RESISTENCE AND POLITICAL PRESSURE TO MAKE THE DECISIONS NECESSARY. WE SUGGEST THAT RCRA SHOULD BE AMENDED TO PROVIDE A MEANS BY WHICH STATE GOVERNMENT IS PROVIDED GUIDANCE, ASSISTANCE, AND INCENTIVES TO EXERCISE THEIR IMMINENT DOMAIN AUTHORITIES TO ACQUIRE SITES WHEN ALL REASONABLE METHODS HAVE BEEN EXPENDED BY LOCAL GOVERNMENT AND INDUSTRY.

4. WE CONTINUE TO SUPPORT THE PROVISIONS OF SECTION 2006 REGARDING THE REQUIREMENT THAT 20% OF THE RCRA BUDGET BE DEVOTED TO THE SUPPORT OF THE TECHNICAL ASSISTANCE PANELS. HOWEVER, WE SUGGEST THAT THE LANGUAGE NEEDS TO BE STRENGTHENED IN ORDER TO ASSURE THAT THERE IS 20% ACTUALLY SPENT ON THE DIRECT DELIVERY OF TECHNICAL ASSISTANCE THROUGH THE PANELS PROGRAM, AND THAT A SEPARATE ADDITIONAL AMOUNT BE PROVIDED TO THE EPA TO MANAGE THIS PROGRAM.

5. THE "LOVE CANAL" INCIDENCES ARE MERELY THE BEGINNING OF AN AWAKENING THAT WE MUST PAY OUR DUES FOR PAST DISPOSAL PRACTICES. WE SUPPORT SEPARATE LEGISLATION WHICH WOULD PROVIDE FOR A NATIONALLY ESTABLISHED FUND FOR SUCH INCIDENCES OUTSIDE OF THE LONG-TERM FINANCIAL RESPONSIBILITY REQUIREMENTS OF SITES MEETING THE REGULATIONS AND CRITERIA OF RCRA.

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WHILE THERE IS A NEED FOR A FUND FOR THE CLOSURE, LONGTERN CARE AND FINANCIAL RESPONSIBILITY OF RCRA SITES, AS WE DISCUSSED IN ITEM ONE OF THIS LETTER, WE FEEL THAT IN MANY INSTANCES RESPONSIBILITY CANNOT BE PLACED FOR THE LONG AGO PRACTICES. THEREFORE, THERE MUST BE AN OVERALL ASSESSMENT AGAINST THE NATION TO TAKE CARE OF THESE OCCURRENCES. AS SUCH, SUCH A FUND SHOULD BE RAISED AND MANAGED OUTSIDE OF THE AUTHORITIES OF RCRA OR ANY AMENDMENTS THAT MIGHT OCCUR WITH RCRA.

WE RELAIZE THAT THE ABOVE COMMENTS ARE BRIEF. HOWEVER, GRCDA IS OF THE OPINION THAT WE SHOULD PROVIDE THIS BRIEF STATEMENT DURING YOUR CURRENT HEARINGS AND REQUEST THAT WHEN THE SUBCOMMITTEE HOLDS HEARINGS ON AMENDMENTS THAT WE BE GIVEN A CHANCE TO PROVIDE DETAILED COMMENTS ON SOME OF THE IDEAS THAT WE HAVE ABOUT AMENDING RCRA. PLEASE CALL ON US WHENEVER WE CAN BE OF ASSISTANCE TO THE SUBCOMMITTEE.

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HON. JAMES J. FLORIO HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE WASHINGTON, D.C. 20515

MY NAME IS JEFFREY R. MELNIKOFF AND I AM BY PROFESSION AN ATTORNEY AND ENGINEER CURRENTLY WORKING IN OHIO. I HAVE DRAFTED THE ATTACHED PROPOSED AMENDMENT TO THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 WHICH PROPOSES ESTABLISHING A FEDERAL LOAN GUARANTEE PROGRAM TO BUILD SOLID WASTE FECYCLING FACILITIES. I HAVE, WITH MY OWN TIME AND MONEY, PROMOTED THIS PROPOSAL THROUGHOUT THE COUNTRY OVER THE LAST TWO YEARS. THROUGH MY PROMOTIONAL EFFORTS THIS PROPOSAL HAS RECEIVED VERY FAVORABLE COMMENTS FROM THE SIERRA CLUB, THE CALIFORNIA POLLUTION CONTROL FINANCING AUTHORITY, THE CONNECTICUT RESOURCES RECOVERY AUTHORITY, AND THE STATE OF FLORIDA SOLID WASTE CONTROL AGENCY. I HEREBY SUBMIT THIS STATEMENT AND THE PROPOSAL FOR CONSIDERATION BY THE SUBCOMMITTEE.

1. THE SOLID WASTE RECYCLING INDUSTRY

I FIRMLY BELIEVE THAT THE EXPEDITIOUS DEVELOPMENT OF A SOLID WASTE RECYCLING INDUSTRY IN THE UNITED STATES WILL SOLVE MANY PROBLEMS PLAGUING AMERICA. THE DEVELOPMENT OF THIS INDUSTRY WILL ELIMINATE UNSIGHTLY AND ENVIRONMENTALLY UNDESIRABLE GARBAGE DUMPS FROM THE FACE OF AMERICA. AN ACTIVE RECYCLING INDUSTRY WILL PROVIDE A NEW SOURCE OF VITAL RAW MATERIALS, SUCH AS ALUMINUM, STEEL, TIN, ETC. THAT WILL BE FREELY AVAILABLE AND SUBSTANTIALLY IMMUNE FROM THE INFLUENCE OF FOREIGN GOVERNMENTS. BECAUSE RECYCLING FACILITIES WILL INEVITABLY BE BUILT CLOSE TO THE WASTE SOURCES, I.E., MUNICIPALITIES, SUCH FACILITIES WILL PROVIDE AN URGENTLY NEEDED NEW SOURCE OF EMPLOYMENT FOR URBAN AREAS. PERHAPS THE MOST IMPORTANT BENEFIT TO BE DERIVED FROM AN ACTIVE RECYCLING INDUSTRY IS THAT IT WILL PROVIDE A NEW LOW SULPHUR ENERGY SOURCE. THE ENVIRONMENTAL PROTECTION AGENCY ESTIMATES THAT ONE TON OF MUNICIPAL WASTE WILL GENERATE THE ENERGY EQUIVALENT OF 1.5 BARRELS OF OIL.

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II. THE FINANCIAL PROBLEM

THE DEVELOPMENT OF A VIABLE SOLID WASTE RECYCLING INDUSTRY OFFERS THE SOLUTION TO MANY PRESSING PROBLEMS IN AMERICA. HOWEVER, THE DEVELOPMENT OF THE INDUSTRY HAS BEEN SUBSTANTIALLY HINDERED BY THE HIGH COST NECESSARY TO DEVELOP THE TECHNOLOGY AND TO BUILD THE FACILITIES REQUIRED IN A REALISTIC SOLID WASTE RECYCLING OPERATION. SOME CLAIM THE TECHNOLOGY CURRENTLY AVAILABLE FOR SOLID WASTE RECYCLING IS IN NEED OF FURTHER DEVELOPMENT BEFORE IT WARRANTS HEAVY INVESTMENT. THE RATE OF DEVELOPMENT COULD, HOWEVER, BE ACCELERATED BY MAKING FUNDS AVAILABLE TO DEVELOP OPERATIONAL SCALE EQUIPMENT. SUCH DEVELOPMENT CANNOT BE FORTHCOMING UNTIL THERE IS ENOUGH AVAILABLE MONEY TO STAFF AND FUND THE JOB. ONCE SATISFACTORY TECHNOLOGY BECOMES AVAILABLE, SUBSTANTIAL FINANCING WILL BE NECESSARY TO BUILD SOLID WASTE RECYCLING FACILITIES BECAUSE THEY ARE EXPECTED TO BE CAPITAL INTENSIVE.

THE REMEDY SOME OF THE FINANCIAL PROBLEMS OF THIS FLEDGLING INDUSTRY, I PROPOSE TO AMEND THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 TO ESTABLISH A FEDERAL LOAN GUARANTEE PROGRAM TO GUARNATEE LOANS TAKEN TO BUILD AND DEVELOP RECYCLING FACILITIES. SUCH A GUARANTEE PROGRAM WOULD MAKE MONEY MORE AVAILABLE FROM PRIVATE SOURCES TO BUILD AND DEVELOP THE NECESSARY FACILITIES.

III. METHODS OF FUNDING FACILITIES

THE CURRENT METHOD OF FINANCING SOLID WASTE RECYCLING FACILITIES HAS BEEN THROUGH PRIVATE PLACEMENT OF LOANS THROUGH INVESTMENT BANKING FACILITIES OR THROUGH THE SALE OF MUNICIPAL BONDS. PRIVATE PLACEMENT OF LOANS IS PARTICULARLY WELL SUITED FOR PRIVATELY DEVELOPED, BUILT AND OPERATED FACILITIES. WHEN WORKING THROUGH PRIVATE ORGANIZATIONS, LOANS CAN BE NEGOTIATED WITHOUT CONSIDERATION FOR THE LEGISLATIVE AUTHORITIES THAT WOULD BIND MUNICIPALITIES. THOSE KNOWLEDGABLE IN THE BANKING WORLD CLAIM THERE IS CAPITAL AVAILABLE FOR INVESTMENT IN PROVEN FACILITIES ON THE CURRENT MARKET. THIS MAY BE TRUE, BUT I NOTE THAT CURIOUSLY THERE HAS BEEN NO APPARENT SUBSTANTIAL PROGRESS IN THE BUILDING OF PLANTS ON A SCALE THAT WOULD MARK THE SIGNIFICANT DEVELOPMENT OF THE INDUSTRY. THERE ARE CURRENTLY SYSTEMS UNDER DEVELOPMENT WHICH HAVE BEEN PRIVATELY FUNDED AND ARE BELIEVED ECONOMICALLY FEASIBLE. HOWEVER, IT IS A VERY RARE INSTANCE WHEN ONE SYSTEM CAN SERVICE ALL NEEDS AND I BELIEVE THAT MONEY IS STILL NEEDED TO STIMULATE THE DEVELOPMENT OF OTHER SYSTEMS WHICH MAY WORK WHERE THOSE CURRENTLY PLANNED AND FINANCED ARE NOT ECONOMICALLY FEASIBLE. THUS, A PROGRAM TO GUARANTEE LOANS TAKEN BY PRIVATE INDUSTRY WOULD STIMULATE THE ROLE OF THE PRIVATE SECTOR IN THE RECYCLING INDUSTRY.

MUNICIPALITIES ARE THE ENTITIES MUST LIKELY TO BUILD SOLID WASTE RECYCLING FACILITIES BECAUSE THEY DEAL DIRECTLY WITH THE PROBLEM OF MUNICIPAL WASTE DISPOSAL.

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MUNICIPALITIES ARE MOST LIKELY TO USE MUNICIPAL BONDS AS A FINANCING INSTRUMENT BECAUSE MUNICIPAL BONDS ARE TAX EXEMPT TO THE BONDHOLDER IF THEY ARE GENERAL REVENUE BONDS OR INDUSTRIAL BONDS UNDER IRC SECTION 103, REGULATIONS SECTION 17.1. HOWEVER AVAILABILITY OF THESE MUNICIPAL BONDS HAS NOT PROVEN TO BE A CURE-ALL TO MUNICIPAL FINANCING FOR SOLID WASTE RECYCLING FACILITIES. DESPITE ANY AVAILABLE TAX ADVANTAGES UNDER THE CURRENT LAWS, SOME CITIES COULD NOT MARKET ANY MUNICIPAL BONDS AT ALL OR COULD ONLY MARKET THEM AT HIGH INTEREST RATES BECAUSE OF RECENT DEFAULTS OR BAD CREDIT RATINGS. THUS, SOME MECHANISM MUST BE FOUND TO EASE THE CREDIT PROBLEMS OF MUNICIPALITIES.

THE LOAN GUARANTEE PROGRAM I HAVE PROPOSED IS APPLICABLE TO BOTH PRIVATE ORGANIZATIONS AND MUNICIPALITIES. MY PROPOSAL WOULD PUT THE FINANCIAL STRENGTH OF THE UNITED STATES GOVERNMENT, AS A GUARANTEE, BEHIND THE LOANS PLACED BY MUNICIPALITIES OR PRIVATE ORGANIZATIONS FOR THE PURPOSE OF DEVELOPING AND BUILDING SOLID WASTE RECYCLING FACILITIES COMPLYING WITH THE SPECIFIC PROVISIONS PROVIDED IN THE PROPOSAL. THE PROVISION OF LOAN GUARANTEES WOULD LOWER THE INTEREST COST ON ANY LOANS TAKEN OR BONDS SOLD FOR THE PURPOSE OF BUILDING SYCN FACILITIES BY ELIMINATING RHE RISK OF DEFAULT OF THE BORROWING MUNICIPALITY OR PRIVATE ORGANIZATION. THE NOTE HOLDER WOULD ULTIMATELY HAVE RECOURSE AGAINST THE UNITED STATES GOVERNMENT ON THE GUARANTEED NOTE. BY LOWERING THE INTEREST COST ON THE FINANCING INSTRUCMENTS USED, DEBT SERVICE PAYMENTS WOULD BE LOWER AND OVERALL CAPITALIZATION COSTS WOULD BE DECREASED IN BUILDING A SOLID WASTE RECYCLING FACILITY. THE LOWER THE CAPITALIZATION COST, THE LOWER THE COST OF LONG TERM AMORTIZATION OF THE DEBT. THIS DECREASED COST WOULD ULTIMATELY LOWER THE COST OF OPERATION AND THE THROUGHPUT COST PER TON WOULD BE REDUCED TO YEILD MORE PROFITABLE FACILITIES.

THE LOWER COST OF RAISING MONEY FOR BUILDING SOLID WASTE RECYCLING FACILITIES WOULD ENCOURAGE INVESTMENT IN THE DEVELOPMENT OF TECHNOLOGY NEEDED FOR THE INDUSTRY.

IV. PRECEDENT FOR FEDERAL LOAN GUARANTEE PROGRAM.

FEDERAL LOAN GUARANTEE PROGRAMS HAVE OFTEN BEEN USED IN THE PAST FOR THE PURPOSE OF STIMULATING DESIRABLE INDUSTRIES AND PROTECTING THE FINANCIAL INTEGRITY OF MUNICIPALITIES. LISTED BELOW ARE SOME EXAMPLES OF FEDERAL LOAN GUARANTEE PROGRAMS.

A. FEDERAL LOAN GUARANTEES TO STIMULATE COMMERCIAL ENERGY PRODUCTION

1. FEDERAL LOAN GUARANTEES FOR THE DEVELOPMENT OF GEOTHERMAL ENERGY FACILITIES, 30 U.S.C. SECTION 1141.

2. FEDERAL LOAN GUARANTEES FOR ENERGY CONSERVATION AND RESOURCE RENEWAL FACILITIES, 42 U.S.C. SECTION 6881.

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B. THE FEDERAL GOVERNMENT HAS ALSO PROVIDED LOAN GUARANTEES FOR GENERAL PURPOSES.

1. LOAN GUARANTEES FOR THE CITY OF NEW YORK, SEASONAL FINANCINC FOR NEW YORK CITY, 31.U.S.C. SECTION 1501-1510.

2. SHIP MORTGAGE INSURANCE, 46 U.S.C. SECTION 1273.

THUS, THE ESTABLISHMENT OF A FEDERAL LOAN GUARANTEE PROGRAM IS NOT A PARTICULARLY NEW CONCEPT AND HAS BEEN APPLIED TO STIMULATE DESIRABLE INDUSTRIES. IT IS MY OPINION THAT THE SOLID WASTE RECYCLING INDUSTRY IS AN APPROPRIATE INDUSTRY FOR SUCH A PROGRAM.

V. PROPOSED AMENDMENT OT ESTABLISH A FEDERAL LOAN GUARANTEE

PROGRAM

ENCLOSED IS A PROPOSED FEDERAL LOAN GUARANTEE PROGRAM FOR SOLID WASTE RECYCLING FACILITIES TO BE ADDED AS AN AMENDMENT TO THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976.

THE PROPOSAL, AS CURRENTLY DRAFTED, INCLUDES CLAUSES WHICH WILL EFFECTIVELY ESTABLISH THE LOAN GUARANTEE PROGRAM. LISTED BELOW ARE ASPECTS OF THE PROPOSAL WHICH ARE PARTICULARLY APPLICABLE TO A LOAN GUARANTEE PROGRAM FOR THE SOLID WASTE RECYCLING INDUSTRY:

1. LOAN GUARANTEES WOULD BE EXTENDED TO BOTH PRIVATE ORGANIZATIONS AND MUNICIPALITIES; SEE SECTION (A)(1).

2. THE PROGRAM IS LIMITED IN THE MAXIMUM AMOUNT OF LOANS TO BE GUARANTEED TO $10,000,000,000 TO PROVIDE A BUDGETARY GUIDE FOR A MAXIMUM SINKING FUND; SEE SECTION (A)(1).

3. THE PROPOSAL LIMITS THE MAXIMUM AMOUNT OF LOANS TO BE GUARANTEED FOR EACH FACILITY TO $60,000,000,000; SEE SECTION (B)(10).

4. THE PROPOSAL PROVIDES THAT FINANCIAL ASSISTANCE IN THE FORM OF A GUARANTEE WILL NOT BE EXTENDED WHERE THE SECRETARY, THE TREASURER AND THE ADMINISTRATOR ARE SATISFIED THAT FUNDS MAY BE OTHERWISE MADE AVAILABLE FROM PRIVATE LENDERS. THIS PROVISION WOULD NOT HINDER THE EFFORTS OF THOSE CURRENTLY IN THE PRIVATE LOAN PLACEMENT BUSINESS; SEE SECTION (7)(B).

5. THE PROPOSAL REQUIRES THAT GUARANTEES WOULD ONLY BE EXTENDED TO FACILITIES THAT HAVE BEEN PROVEN IN PILOT PLANT OPERATIONS. THIS CLAUSE IS INTENDED TO LIMIT THE PROGRAM APPLICATIONS TO THOSE FACILITIES PROVEN IN WORKING DESIGNS, THUS INSURING MORE SECURE LOANS AND A TECHNICALLY SOUND DEVELOPMENT OF THE INDUSTRY; SEE SECTION (B)(9).

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6. THE PROGRAM REQUIRES THAT LOAN GUARANTEES WILL ONLY BE EXTENDED TO THOSE FACILITIES THAT COMPLY WITH WATER AND AIR POLLUTION LAWS, SEE SECTION (B)(4), AND STATE SOLID WASTE DISPOSAL PLANS, SEE SECTION (B)(1).

7. THE PROGRAM REQUIRES THAT THOSE SEEKING GUARANTEES PROVIDE ASSURANCES AND PROOF TO THE ADMINISTRATOR THAT THERE ARE ADEQUATE MARKETS TO SELL END PRODUCTS OF THE RECYCLING PROCESS TO ENSURE THE ECONOMIC VIABILITY OF THE FACILITY; SEE SECTION (B)(3).

8. THE PROGRAM ALLOWS GUARANTEES TO COVER UP TO 100% OF THE LOANED AMOUNT TO MUNICIPALITIES. THIS CLAUSE WOULD EXTEND THE LOAN GUARANTEE PROGRAM TO HELP CITIES WHO COULD NOT MARKET BONDS OR BORROW MONEY WITHOUT FEDERAL GUARANTEES, SEE SECTION (B)(6).

VII. CONCLUSION

IT IS TO THE BENEFIT OF THE UNITED STATES THAT A VIABLE SOLID WASTE RECYCLING INDUSTRY BE DEVELOPED AS SOON AS POSSIBLE. THE PROPOSAL WOULD HELP OVERCOME SOME OF THE DIFFICULTIES ENCOUNTERED IN FINANCING THE DEVELOPMENT OF SUCH AN INDUSTRY. THE COMMITTEE IS URGED TO BRING THIS PROPOSAL BEFORE THE CONGRESS OF THE UNITED STATES AS AN AMENDMENT TO THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 TO ESTABLISH A FEDERAL LOAN GUARANTEE PROGRAM FOR SOLID WASTE RECYCLING. I WILL BE AVAILABLE FOR ANY CONSULTATION OR ASSISTANCE YOU NEED. THANK YOU FOR YOUR CONSIDERATION.

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LOAN GUARANTEES

(A)(1) GENERAL -- THE ADMINSTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY IS AUTHORIZED, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION AND SUCH RULES AND REGULATIONS AS HE SHALL PRESCRIBE, AND AFTER CONSULTATION WITH THE SECRETARY OF THE TREASURY, TO GUARANTEE AND TO MAKE COMMITMENTS TO GUARANTEE THE BONDS, DEBENTURES, NOTES, AND OTHER OBLIGATIONS ISSUED BY OR ON BEHALF OF

A -- ANY STATE, MUNICIPALITY, OR INTERMUNICIPAL AGENCY, OR

B -- IN THE CASE OF FACILITIES OR EQUIPMENT FOR THE PROCESSING

OF SOLID WASTES AND THE UTILIZATION OF RECOVERED RESOURCES, ANY

OTHER PERSON, INSTITUTION, ORGANIZATION, CORPORATION, OR PARTNERSHIP

FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND STARTUP AND RELATE

DEVELOPMENT COSTS OF COMMERCIAL FACILITIES NECESSARY TO THE CREATION

OF RESOURCE CONVERSION OR RESOURCE RECOVERY SYSTEMS FOR MUNICIPAL

SOLID WASTES, INCLUDING THE CONSTRUCTION OR MODIFICATION OF

COMMERCIAL FACILITIES OR ACQUISITION OR EQUIPMENT NECESSARY FOR

THE UTILIZATION OF RECOVERED RESOURCES, INCLUDING FUEL PRODUCED

BY SUCH SYSTEM: PROVIDED, THAT THE OUTSTANDING INDEBTEDNESS

GUARANTEED UNDER THIS ACT AT NO TIME EXCEEDS $10,000,000,000;

PROVIDED FURTHER, THAT NO GUARANTEE OR COMMITMENT TO GUARANTEE

SHALL BE UNDERTAKEN UNDER THIS ACT AFTER SEPTEMBER 30, 1985

(2) AN APPLICANT FOR A LOAN GUARANTEE UNDER THIS SECTION SHALL PROVIDE EVIDENCE IN WRITING TO THE ADMINISTRATOR IN SUCH FORM AND WITH SUCH CONTENT AND OTHER SUBMISSIONS AS THE ADMINISTRATOR DEEMS NECESSARY TO PROTECT THE INTEREST OF THE UNITED STATES. EACH GUARANTEE AND COMMITMENT TO GUARANTEE SHALL BE EXTENDED IN SUCH FORM, UNDER SUCH TERMS AND CONDITIONS, AND PURSUANT TO SUCH REGULATIONS AS THE ADMINISTRATOR, WITH THE CONCURRENCE OF THE SECRETARY OF THE TREASURY, DEEMS APPROPRIATE.

(B) CONDITIONS -- THE ADMINISTRATOR SHALL GUARANTEE OR MAKE A COMMITMENT TO GUARANTEE UNDER SUBSECTION (A) OF THIS SECTION, WITH RESPECT TO A FACILITY OF A RESOURCE CONSERVATION OR RESOURCE RECOVERY SYSTEM, OR COMPONENT THEREOF, ONLY IF

1. SUCH SYSTEM IS CERTIFIED BY THE STATE TO BE CONSISTENT WITH ANY APPLICABLE ESTATE OR AREA WIDE PLANS OR PROGRAMS;

2. THE APPLICANT AGREES THAT SUCH SYSTEM WILL BE CONSISTENT WITH ANY APPLICABLE GUIDELINES PUBLISHED UNDER SECTION 4002(A) OF THIS ACT AND WILL MEET THE REQUIREMENTS OF SECTIONS 4003-4005 AND 3001-3011 OF THIS ACT;

3. THE ADMINISTRATOR IS SATISFIED THAT THE RESOURCE CONSERVATION OR RESOURCE RECOVERY SYSTEM IS APPROPRIATE FOR THE AREA TO BE SERVED, THAT THE PROPOSED SYSTEM DOES NOT DUPLICATE OR DISPLACE EXISTING RESOURCE CONSERVATION OR RESOURCE RECOVERY SERVICES IN THE AREA, AND THAT A REALISTIC PLAN FOR ACHIEVING OPERATIONAL AND FINANCIAL SELF-SUFFICIENCY WITHIN A REASONABLE TIME EXISTS FRO THE PROPOSED SYSTEM, INCLUDING ADEQUATE NEW AND STABLE MARKETS, SUCH AS A LONG-TERM CONTRACTUAL COMMITMENT FOR A SIGNIFICANT PROPORTION OF THE RECOVERED RESOURCES;

4. SUCH SYSTEM WILL COMPLY WITH EFFLUENT LIMITATIONS UNDER THE FEDERAL WATER POLLUTION CONTROL ACT AND WITH NEW SOURCE EMISSION LIMITATIONS OR REQUIREMENTS OF AIR QUALITY IMPLEMENTATION PLANS UNDER THE CLEAR AIR ACT;

5. THE ADMINISTRATOR IS SATISFIED THAT COMPETITION AMONG PRIVATE ENTITIES FOR THE CONSTRUCTION OR OPERATION OF THE SYSTEM OR FACILITY TO BE ASSISTED UNDER THIS SECTION WILL BE IN NO WAY LIMITED OR PRECLUDED;

6. THE AMOUNT GUARANTEED DOES NOT EXCEED 75 PER CENTUM OF THE TOTAL PROJECT COST OF THE FACILITY ASSISTED FOR A PROJECT OWNED AND OPERATED BY PARTIES DEFINED IN PART (A)(1)(B) OF THIS SECTION AND THE AMOUNT GUARANTEED MAY INCLUDE UP TO 100 PER CENTUM OF THE TOTAL PROJECT COST OF THE FACILITY WHERE OBLIGATIONS ARE ISSUED BY OR ON BEHALF OF PARTIES DEFINED IN PART (A)(1)(A) OF THIS SECTION:

A. IN THE CASE OF GOVERNMENTAL APPLICANTS, FROM GENERAL TAX REVENUES OR ASSESSMENTS OR THE PROCEEDS OF BOND SALES; AND

B. IN THE CASE OF PRIVATE APPLICANTS, FROM INVESTED OR BORROWED CAPITAL NOT SUBJECT TO ANY PUBLIC LOAN, GUARANTEE, OR GRANT PROGRAM;

7. THE SECRETARY OF THE TREASURY AND THE ADMINISTRATOR ARE SATISFIED THAT THE FINANCIAL ASSISTANCE APPLIED FOR IS NOT OTHERWISE AVAILABLE FROM PRIVATE LENDERS OR FROM OTHER FEDERAL AGENCIES ON TERMS WHICH IN THE OPINION OF THE SECRETARY AND THE ADMINISTRATOR WILL PERMIT THE CREATION OF THE RESOURCE CONSERVATION OR RESOURCE RECOVERY SYSTEM, AND SUCH ASSISTANCE IS NECESSARY TO ENCOURAGE FINANCIAL PARTICIPATION IN SUCH FACILITY BY PRIVATE LENDERS OR INVESTORS;

8. THE ADMINISTRATOR HAS DETERMINED THAT THERE WILL BE A CONTINUED REASONABLE ASSURANCE OF FULL REPAYMENT;

9. THE FACILITY WILL USE TECHNOLOGY PROVEN TO OPERATE WITHIN THE PROPOSED SPECIFICATION OF AN OPERATIONAL PILOT PLANT TEST FACILITY (PILOT PLANT FACILITY ID DEFINED TO BE AN ACTUAL WORKING PLANT AND NOT A LABORATORY FACILITY.);

10. THE MAXIMUM AMOUNT OF LOANS GUARANTEED FOR ANY INDIVIDUAL FACILITY UNDER THIS ACT SHALL NOT EXCEED $60,000,000.

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(C). EXCEPT IN ACCORDANCE WITH REASONABLE TERMS AND CONDITIONS CONTAINED IN THE WRITTEN CONTRACT OF GUARANTEE, NO GUARANTEE ISSUED OR COMMITMENT TO GUARANTEE MADE UNDER THIS SECTION SHALL BE TERMINATED, OR CANCELLED, OR OTHERWISE REVOKED. SUCH A GUARANTEE OR COMMITMENT SHALL BE CONCLUSIVE EVIDENCE THAT THE UNDERLYING OBLIGATION IS IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION AND THAT SUCH OBLIGATION HAS BEEN APPROVED AND IS LEGAL AS TO PRINCIPAL, INTEREST, AND OTHER TERMS. SUBJECT TO THE CONDITIONS OF THE GUARANTEE OR COMMITMENT TO GUARANTEE, SUCH A GUARANTEE SHALL BE INCONTESTABLE IN THE HANDS OF THE HOLDER OF THE GUARANTEED OBLIGATION, EXCEPT AS TO FRAUD, OR MATERIAL MISREPRESENTATION ON THE PART OF THE HOLDER.

(D). (1) IF THERE IS A DEFAULT BY THE BORROWER AS DEFINED IN THE REGULATIONS PROMULGATED BY THE ADMINISTRATOR AND IN THE GUARANTEE CONTRACT, THE HOLDER OF THE OBLIGATION SHALL HAVE THE RIGHT TO DEMAND PAYMENT OF THE UNPAID AMOUNT FROM THE ADMINISTRATOR.

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WITHIN SUCH PERIOD AS MAY BE SPECIFIED IN THE GUARANTEE OR RELATED AGREEMENTS, THE ADMINISTRATOR SHALL PAY TO THE HOLDER OF THE OBLIGATION THE UNPAID INTEREST ON AN UNPAID PRINCIPAL OF THE GUARANTEED OBLIGATION AS TO WHICH THE BORROWER HAD DEFAULTED, UNLESS THE ADMINISTRATOR FINDS THAT THERE WAS NO DEFAULT BY THE BORROWER IN THE PAYMENT OF INTEREST OR PRINCIPAL OR THAT SUCH DEFAULT HAS BEEN REMEDIED. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PRECLUDE ANY FOREBEARANCE BY THE HOLDER OF THE OBLIGATION FOR THE BENEFIT OF THE BORROWER WHICH MAY BE AGREEN UPON BY THE PARTIES TO THE GUARANTEED OBLIGATION AND APPROVED BY THE ADMINISTRATOR.

(2). IN THE EVENT OF A DEFAULT ON ANY GUARANTEE UNDER THE SECTION, THE ADMINISTRATOR SHALL NOTIFY THE ATTORNEY GENERAL, WHO SHALL TAKE SUCH ACTION AS MAY BE APPROPRIATE TO RECOVER THE AMOUNTS OF ANY PAYMENTS MADE UNDER PARAGRAPH (1) (INCLUDING ANY PAYMENT OF INTEREST UNDER SUBSECTION (E) OF THIS SECTION) FROM SUCH ASSETS OF THE DEFAULTING BORROWER AS ARE ASSOCIATED WITH THE COMMERCIAL FACILITY, OR FROM ANY OTHER SECURITY INCLUDED IN THE TERMS OF THE GUARANTEE.

(3). FOR PURPOSES OF THIS SECTION, PATENTS, AND TECHNOLOGY RESULTING FROM THE COMMERCIAL FACILITY SHALL BE TREATED AS PROJECT ASSETS OF SUCH FACILITY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE GUARANTEE AGREEMENT. FURTHERMORE, THE GUARANTEE AGREEMENT SHALL CONTAIN A PROVISION SPECIFYING THAT PATENTS, TECHNOLOGY, AND OTHER PROPRIETARY RIGHTS WHICH ARE NECESSARY FOR THE COMPLETION OR OPERATION OF THE COMMERCIAL FACILITY SHALL BE AVAILABLE TO THE GOVERNMENT AND ITS DESIGNEES ON EQUITABLE TERMS, INCLUDING DUE CONSIDERATION TO THE AMOUNT OF THE GOVERNMENT'S DEFAULT PAYMENTS.

(E) WITH RESPECT TO ANY OBLIGATION GUARANTEED UNDER THIS SECTION THE ADMINISTRATOR IS AUTHORIZED TO ENTER INTO A CONTRACT TO PAY, AND TO PAY, THE HOLDERS OF THE OBLIGATION FOR AN ON BEHALF OF THE BORROWER FROM THE FUND ESTABLISHED BY THIS SECTION THE PRINCIPAL AND INTERESTS PAYMENTS WHICH BECOME DUE AND PAYABLE ON THE UNPAID BANANCE OF SUCH LOAN IF THE ADMINISTRATOR FINDS THAT

(1)(A) THE BORROWER IS UNABLE TO MEET SUCH PAYMENTS AND IS NOT IN DEFAULT; (B) IT IS IN THE PUBLIC INTEREST TO PERMIT THE BORROWER TO CONTINUE TO PURSUE THE PURPOSES OF SUCH FACILITY; AND (C) THE PROBABLE NET BENEFIT TO THE FEDERAL GOVERNMENT IN PAYING SUCH PRINCIPAL AND INTEREST WILL BE GREATER THAN THAT WHICH WOULD RESULT IN THE EVENT OF A DEFAULT;

(2) THE AMOUNT OF SUCH PAYMENT WHICH THE ADMINISTRATOR IS AUTHORIZED TO PAY SHALL BE NO GREATER THAN THE AMOUNT OF PRINCIPAL AND INTEREST WHICH THE BORROWER IS OBLIGATED TO PAY UNDER THE LOAN AGREEMENT; AND

(3) THE BORROWER AGREES TO REIMBURSE THE ADMINISTRATOR FOR SUCH PAYMENTS ON TERMS AND CONDTIONS, INCLUDING INTEREST, WHICH ARE SATISFACTORY TO THE ADMINISTRATOR.

(F). THE ADMINISTRATOR SHALL CHARGE AND COLLECT FEES FOR GUARANTEES OF OBLIGATIONS AUTHORIZED BY THIS SECTION IN AMOUNTS SUFFICIENT IN THE JUDGMENT OF THE ADMINSTRATOR TO COVER THE APPLICABLE ADMINISTRATIVE COSTS AND PROBABLE LOSSES ON GUARANTEED OBLIGATIONS , BUT IN ANY EVEN NOT TO EXCEED 1 PER CENTUM PER ANNUM OF THE OUTSTANDING INDEBTEDNESS COVERED BY THE GUARANTEE.

(G) NO PART OF THE PROGRAM AUTHORIZED BY THIS SECTION SHALL BE TRANSFERRED TO ANY OTHER AGENCY OR AUTHORITY, EXCEPT PURSUANT TO ACT OF CONGRESS HEREINAFTER ENACTED.

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/1/ NRDC, WHOSE PRINCIPAL OFFICE IS AT 122 E. 42ND STREET, NEW YORK, NEW YORK 10017, AND WHICH HAS ADDITIONAL OFFICES IN WASHINGTON, D.C. AND PALO ALTO, CALIFORNIA, HAS A MEMBERSHIP OF APPROXIMATELY 22,000 PERSONS, INCLUDING MEMBERS RESIDING IN 8 FOREIGN COUNTRIES. THE SIERRA CLUB, WHOSE PRINCIPAL PLACE OF BUSINESS IS AT 530 BUSH STREET, SAN FRANCISCO, CALIFORNIA 94104, HAS A MEMBERSHIP OF APPROXIMATELY 180,000 PERSONS, INCLUDING PERSONS RESIDING IN 87 FOREIGN COUNTRIES. WILDERNESS, WHICH HAS ITS PRINCIPAL OFFICE AT 1901 PENNSYLVANIA AVENUE, N.W., WASHINGTON, D.C. 20006 AND A FIELD OFFICE IN DENVER, COLORADO, HAS A MEMBERSHIP OF APPROXIMATELY 65,000 PERSONS. EDF, WHOSE PRINCIPAL PLACE OF BUSINESS IS 475 PARK AVENUE, NEW YORK, NEW YORK 10016, HAS A MEMBERSHIP OF APPROXIMATELY 45,000 PERSONS AND A 700-MEMBER SCIENTIST'S ADVISORY COMMITTEE, INCLUDING MEMBERS RESIDING IN 18 FOREIGN COUNTRIES. FOE, WHOSE PRINCIPAL PLACE OF BUSINESS IS 124 SPEAR STREET, SAN FRANCISCO, CALIFORNIA 94105, HAS A MEMBERSHIP OF 20,000 PERSONS AND IS AFFILIATED WITH "SISTER ORGANIZATIONS" IN 12 FOREIGN COUNTRIES. AUDUBON, WHICH HAS ITS PRINCIPAL OFFICE AT 950 THIRD AVENUE, NEW YORK, NEW YORK 10022, HAS A MEMBERSHIP OF MORE THAN 340,000 PERSONS, INCLUDING MEMBERS IN MORE THAN 100 FOREIGN COUNTRIES. EPC'S PRINCIPAL OFFICE IS AT 317 PENNSYLVANIA AVENUE, S.E., WASHINGTON, D.C. 20003; IT HAS NO MEMBERS ITSELF BUT REPRESENTS COALITIONS OF CITIZENS AROUND THE COUNTRY ON ENERGY AND NATURAL RESOURCES ISSUES.

/2/ PEGGY BROWN, A LAW STUDENT INTERN IN THE CENTER'S CLINICAL PROGRAM, HELPED PREPARE THIS TESTIMONY.

790312 STATEMENT OF JAMES N. BARNES ON BEHALF OF THE NATURAL RESOURCES DEFENSE COUNCIL, INC. SIERRA CLUB, WILDERNESS SOCIETY, ENVIRONMENTAL DEFENSE FUND FIRENDS OF THE EARTH, NATIONAL AUDUBON SOCIETY, AND ENVIRONMENTAL POLICY CENTER BEFORE THE SUBCOMMITTEE ON COAST GUARD AND NAVIGATION OF THE HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES ON SUPERFUND LEGISLATION

MR. CHAIRMAN, MEMBERS OF THE COMMITTEE:

I AM JANES, BARNES, A LAWYER WITH THE CENTER FOR LAW AND SOCIAL POLICY, A PUBLIC-INTEREST LAW FIRM IN WASHINGTON, D.C. I APPRECIATE THE OPPORTUNITY TO APPEAR BEFORE YOU TODAY ON BEHALF OF SEVEN ENVIRONMENTAL ORGANIZATIONS -- THE NATURAL RESOURCES DEFENSE COUNCIL, SIERRA CLUB, WILDERNESS SOCIETY, ENVIRONMENTAL DEFENSE FUND, FRIENDS OF THE EARTH, NATIONAL AUDUBON SOCIETY, AND ENVIRONMENTAL POLICY CENTER (HEREINAFTER THE "ENVIRONMENTAL ORGANIZATIONS") /1/ -- TO PRESENT THEIR VIEWS ON LEGISLATION CONCERNING LIABILITY AND COMPENSATION TO COVER SPILLS OF OIL AND HAZARDOUS SUBSTANCES. /2/

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THESE NATIONAL ENVIRONMENTAL ORGANIZATIONS HAVE LONG TAKEN AN ACTIVE INTEREST IN PROTECTION OF THE MARINE ENVIRONMENT. THEY BEGAN THEIR INVOLVEMENT WITH THE SUBJECT OF OIL POLLUTION LIABILITY THROUGH THEIR SUBMISSION OF COMPREHENSIVE COMMENTS TO, AND OTHER CONTACTS WITH, THE DEPARTMENT OF STATE IN RELATION TO THE NEGOTIATION OF THE 1971 INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION DAMAGE. SINCE THEN, WE HAVE TESTIFIED ON NUMEROUS OCCASIONS BEFORE HOUSE AND SENATE COMMITTEES ON PROPOSED LIABILITY LEGISLATION.

THE ENVIRONMENTAL ORGANIZATIONS BELIEVE THAT EXISTING INTERNATIONAL, NATIONAL AND STATE LAWS ON LIABILITY AND COMPENSATION ARE INADEQUATE, AND WE APPRECIATE THIS COMMITTEE'S CONTINUING INTEREST IN OBTAINING COMPREHENSIVE LEGISLATION IN THIS AREA. WE LOOK FORWARD TO THE ENACTMENT OF A LIABILITY AND COMPENSATION SCHEME THAT WILL ENSURE FAIR AND EFFICIENT COMPENSATION FOR ALL DAMAGES RESULTING FROM SPILLS; ENCOURAGE A HIGH STANDARD OF CARE AND PROMPT, THOROUGH CLEANUP OF SPILLS; AND THAT RESULTS IN THE RISKS OF TRANSPORTING OIL AND HAZARDOUS MATERIALS BEING INTERNALIZED BY INDUSTRY. WE BELIEVE THAT BOTH H.R. 85 AND H.R. 29 REPRESENT CONSTRUCTIVE APPROACHES. WE WOULD, HOWEVER, SUGGEST CERTAIN MODIFICATIONS, WHICH I WILL OUTLINE IN MY TESTIMONY.

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THE ENVIRONMENTAL ORGANIZATIONS ARE CONCERNED THAT THE JURIDSDICTIONAL DISPUTES AMONG VARIOUS COMMITTEES THAT PREVENTED PASSAGE OF LEGISLATION LAST SESSION NOT BE REPEATED THIS YEAR.

1. LIABILITY LIMITS.

THE LIMIT LF LIABILITY FOR SHIPS UNDER BOTH H.R. 85 AND H.R. 29 IS $300 PER GROSS TON, UP TO A MAXIMUM OF $30 MILLION AND $50 MILLION RESPECTIVELY. WE FEEL VERY STRONGLY THAT LIABILITY LIMITS SHOULD BE RELATED TO THE SIZE OF THE VESSEL, REGARDLESS OF HOW LARGE THE SHIP IS. THERE DOES NOT APPEAR TO BE ANY SOUND REASON FOR CHOOSINC AN ARBITRARY UPPER LIMIT THAT IS NOT LINKED TO VESSEL SIZE. FOR FAIRNESS AND IN ORDER TO REDUCE THE PROBABILITY OF VERY LARGE SPILLS OCCURRING, SUPERTANKERS SHOULD NOT BE PUT IN A FAVORED POSITION.

WE ALSO SUGGEST THE ADDITION OF AN AUTOMATIC INFLATION ESCALATION CLAUSE UNDER WHICH LIABILITY LIMITS WOULD BE ADJUSTED ANNUALLY TO THE NEAREST FULL PERCENTAGE IN THE CONSUMER PRICE INDEX.

2. DEFENSES

ONE THING WE HOPE TO SEE ACHIEVED IN THE LEGISLATION IS THE INTERNALIZATION OF SPILLAGE COSTS ASSOCIATED WITH THE TRANSPORTATION OF OIL AND HAZARDOUS SUBSTANCES. CONSEQUENTLY, ONE OF THE MOST IMPORTANT ISSUES A SPILL LIABILITY BILL MUST ADDRESS IS WHAT DEFENSES SPILLERS WILL BE ABLE TO ASSERT WHEN SUED BY CLAIMANTS. THE BASIC PREMISE OF THE BILL MUST BE STRICT LIABILITY. OIL SPILLS ARE AN INHERENT RISK IN THE EXTRAORDINARILY PROFITABLE BUSINESS OF HANDLING AND SELLING OIL.

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THE TRANS-ALASKAN PIPELINE ACT FUND, ESTABLISHED BY CONGRESS IN 1973, WOULD TERMINATE WITH THE ENACTMENT OF A SUPERFUND BILL. IT PROVIDES DEFENSES TO LIABILITY ONLY FOR ACTS OF WAR AND THE NEGLIGENCE OF THE UNITED STATES IN MAINTAINING NAVIGATION AIDS. WE URGE THE CONGRESS NOT TO TAKE REGRESSIVE STEPS IN PASSING NEW LEGISLATION, BUT TO MAINTAIN THE POSITION ON ALLOWABLE DEFENSES SET IN 1973.

H. R. 85 WOULD ALLOW A SPILLER A COMPLETE DEFENSE IF IT CAN SHOW A DISCHARGE WAS CAUSED "PRIMARILY" BY AN ACT OF WAR, HOSTILITIES, CIVIL WAR OR INSURRECTION, OR BY A NATURAL PHENOMENON. NOT ONLY IS THIS A SIGNIFICANT STEP AWAY FROM THE CONCEPT OF STRICT LIABILITY, BUT IT IS ALSO BOUND TO DELAY THE SETTLEMENT OF CLAIMS AND TO CREATE ENDLESS LITIGATION. THEREFORE, WE STRONGLY PREFER H.R. 29'S USE OF THE WORD "SOLELY" RATHER THAN "PRIMARILY" TO ESTABLISH THE PARAMETERS OF ALLOWABLE DEFENSES.

BOTH BILLS WOULD ESTABLISH A COMPARATIVE NEGLIGENCE SCHEME, WITH THE SPILLER BEING RELIEVED OF LIABILITY TO THE EXTENT THAT THE SPILL WAS CAUSED BY EITHER THE CLAIMANT'S NEGLIGENCE OR BY THE ACT OR OMISSION OF A THIRD PARTY. THIS IS ALSO AN UNACCEPTABLE ENCROACHMENT ON THE PRINCIPLE OF STRICT LIABILITY.

WE DO NOT SUPPORT THE PROVISION OF AN INCLUSIVE ACT OF GOD DEFENSE. IF A PHENOMENON IS NOT TOTALLY UNEXPECTED, IT SHOULD BE CONSIDERED PART OF THE NORMAL RISK OF TRANSPORTING THE OIL. IF AN ACT OF GOD DEFENSE IS TO BE INCLUDED, IT SHOULD BE NARROW AND CLEARLY WRITTEN. THE FOLLOWING LANGUAGE IS ILLUSTRATIVE:

"A NATURAL PHENOMENON OF A TYPE TOTALLY UNEXPECTED, GIVEN THE AREA, THE SEASON, AND THE PAST HISTORY OF CONDITIONS."

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WHATEVER THE DEFENSES TO LIABILITY ALLOWED TO A SPILLER, THE FUND ITSELF, WHICH WILL BE THE COMPENSATION RESOURCE OF LAST RESORT, SHOULD NOT BE ABLE TO ASSERT ANY DEFENSES. BOTH H.R. 85 AND H.R. 29 APPEAR TO ALLOW, IF NOT REQUIRE, THE FUND TO ASSERT THE SAME DEFENSES AGAINST INJURED PARTIES THAT WOULD BE AVAILABLE TO A SPILLER. THIS OBVIOUSLY WOULD DEFEAT THE MAJOR PURPOSE OF SUCH LEGISLATION, WHICH IS TO ENSURE THAT ALL VICTIMS OF SPILLS WHO SUFFER LOSS DUE TO SPILLS ARE FULLY COMPENSATED.

3. COVERAGE

-A) OIL: THE SUPERFUND LEGISLATION SHOULD NOT CONTAIN A LIMITED DEFINITION OF WHAT CONSTITUTES "POL POLLUTION". IN THIS REGARD, THE ENVIRONMENTAL ORGANIZATIONS STRONGLY SUPPORT H.R. 29, WHICH INCORPORATES THE DEFINITION CONTAINED IN SECTION 311 OF THE FWPCA:

"OIL" MEANS OIL OF ANY KIND OR IN ANY FORM, INCLUDING BUT NOT LIMITED TO, PETROLEUM, FUEL OIL, SLUDGE, OIL REFUGE, AND OIL MIXED WITH WASTES OTHER THAN DREDGED SPOIL.

USE OF A DEFINITION THAT DIFFERS FROM THE FWPCA WOULD SERVE NO PUBLIC PURPOSE AND WOULD CREATE UNCERTAINTY AND CONFUSION IN THE WATERS WHERE BOTH WOULD APPLY.

(B) HAZARDOUS SUBSTANCES: WE BELIEVE THAT IT IS DESIRABLE FOR HAZARDOUS SBUSTANCES TO BE INCLUDED IN THIS COMPREHENSIVE LIABILITY AND COMPENSATION SCHEME.

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ALTHOUGH THEY OCCUR LESS FREQUENTLY THAN OIL SPILLS, SPILLS OF HAZARDOUS MATERIALS REPRESENT AN EVEN MORE SERIOUS PROBLEM. THE SOLUTION SHOULD NOT BE TO DEFER CONSDIERATION OF THE MATTER, PARTICULARLY GIVEN SENATOR MUSKIE'S STRONG VIEWS ON THE SUBJECT.

WE DO NOT BELIEVE THAT ANY AMOUNT OF STUDY WILL CHANGE THE FACT THAT A FEE SCHEME BASED ON TOXICITY -- WHETHER WE TRY IT NOW OR IN FIVE YEARS -- WILL BE EXTREMELY COMPLEX TO ADMINISTER AND DIFFICULT TO ENFORCE. IN ORDER TO HAVE A MANACEABLE SYSTEM, IT WOULD SEEM, AT LEAST INITIALLY, THAT HAZARDOUS SUBSTANCES WILL HAV E TO BE TAXED ON A VOLUME BASIS. THAT IS HOW IT IS DONE NOW IN THE STATES OF FLORIDA AND NEW JERSEY. WE RECOMMEND THAT A FEE PER BARREL (OR THE EQUIVALENT) BE IMPOSED ON ALL TRANSFERS OF HAZARDOUS SUBSTANCES FOR CARRIAGE ON SHIPS AND BARGES; CONGRESS MAY WANT TO CONSIDER TAXING LAND CARRIAGE TRANSFERS AS WELL.

WHILE WE BELIEVE THAT HAZARDOUS SUBSTANCES SHOULD BE INCORPORATED INTO THE SUPERFUND, SOME MEMBERS OF CONGRESS HAVE TAKEN THE POSITION THAT THE SUBJECT IS TOO COMPLEX AND UNKNOWN FOR THIS CONGRESS TO ADDRESS IN LEGISLATION. AT A MINIMUM, HEARINGS SHOULD BE HELD TO DISCOVER IF THAT TRULY IS THE CASE OR IF IT IS, AFTER ALL, PRACTICAL TO INCLUDE THEM IN THE LEGISLATION NOW. WE URGE THE COMMITTEE TO REMAIN OPEN TO THE IDEA OF INCLUDING HAZARDOUS SUBSTANCES IN THE BILL UNTIL THE INTERAGENCY TASK FORCE SUBMITS ITS REPORT ON THE SUBJECT IN APRIL, AND TO SCHEDULE HEARING AS SOON AS POSSIBLE.

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IN THIS CONNECTION, WE NOTE THAT THE ADMINISTRATION APPARENTLY INTENDS TO SEND UP DRAFT LEGISLATION TO COVER HAZARDOUS SUBSRANCES IN EARLY MAY.

R. PREEMPTION

THE ENVIRONMENTAL ORGANIZATIONS WOULD PREFER A SUPERFUND BILL BASED ON A POLICY OF COOPERATIVE FEDERALISM OVER ONE THAT TOTALLY PREEMPTS STATE LAWS. WHERE CERTAIN PROVISIONS OF STATE LAW ARE STRONGER THAN THE PROPOSED FEDERAL LAW, PREEMPTION WOULD SEEM TO CONFLICT WITH ONE OF THE BASIC POLICIIES UNDERLYING SUPERFUND LEGISLATION -- TO EXPAND AND STRENGTHEN THE LAWS GOVERNING OIL SPILL LIABILITY. NO AREA OF THIS COUNTRY SHOULD FIND ITSELF WITH LESS PROTECTION AFTER THE SUPERFUND LEGISLATION HAS PASSED.

DIFFERENT STATES MAY HAVE DIFFERENT NEEDS AND PRIORITIES. IT SEEMS THAT STATES SHOULD BE ABLE TO MAKE THE JUDGMENT THAT PROTECTION OF THEIR COASTLINES IS CRUCIAL TO THEIR TOURIST OR FISHING INDUSTRIES, OR THAT IT IS SO IMPORTANT TO THEM FOR OTHER REASONS THAT IT OUTWEIGHS THE RISK OF REDUCED BUSINESS ACTIVITY AND/OR HIGHER PRICES.

ANOTHER IMPORTANT ARGUMENT AGAINST TOTALLY PREEMPTING THE STATES IS THAT THEY ARE PROBABLY BETTER ABLE AND MORE WILLING TO RESPOND TO SMALL BUT MORE FREQUENTLY OCCURRING SPILLS. WHILE A FEDERAL FUND IS ESSENTIAL FOR HANDLING CATASTROPHIC SPILLS, SUCH AS THE AMOCO CADIZ, SEVERAL STATES HAVE EXPRESSED CONCERN THAT IT WOULD BE OF ALMOST NO HELP IN DEALING WITH SMALL SPILLS AND DISCHARGES.

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STATE FUNDS MAY PROVIDE A MORE ACCESSIBLE MEANS OF RECOVERY FOR CITIZENS AND LOCAL GOVERNMENTS.

THE ENVIRONMENTAL ORGANIZATIONS WE REPRESENT HAVE OPPOSED PREEMPTION. WE RECOGNIZE THAT THOSE ON BOTH SIDES OF THE REEMPTION ISSUE FEEL VERY STRONGLY. HOWEVER, IT IS IMPERATIVE THAT THIS COUNTRY NOT GO ANOTHER YEAR WITHOUT THIS LEGISLATION. THEREFORE, I WOULD LIKE TO PRESENT TWO SUGGESTIONS FOR COMPROMISE.

THE FIRST SUGGESTION IS THAT THE LEGISLATIONNOT IMMEDIATELY PREEMPT THE STATES, BUT INSTEAD REQUIRE A STUDY OF HOW STATE FUNDS AND SUPERFUND ARE WORKING, WITH A REPORT DUE IN TWO YEARS. THEN AT THE END OF TWO YEARS THE ISSUE COULD BE DECIDED ON A SOLID FACTUAL BASIS. IF THE FEDERAL LEGISLATION WERE STRONG AND COMPREHENSIVE AND WAS WORKING WELL IN PRACTICE, THE ENVIRONMENTAL ORGANIZATIONS WOULD PROBABLY SUPPORT EVENTUAL PREEMPTION. WE ARE VERY HESITANT TO HAVE STATE LAWS THAT ARE PRESENTLY WORKING PREEMPTED BEFORE THE FEDERAL LAW IF FULLY IMPLEMENTED AND HAS PROVEN ITSELF IN PRACTICE. IT COULD TAKE SEVERAL YEARS BEFORE A FEDERAL LAW THAT LOOKED GOOD ON PAPER BECAME FULLY AND EFFECTIVELY OPERATIONAL.

A SECOND COMPROMISE WOULD BE TO HAVE THE FEDERAL LEGISLATION PREEMPT THE STATE LAWS, BUT ON THE EXPLICIT UNDERSTANDING THAT THE STATES WOULD BE AGENTS OF THE FEDERAL GOVERNMENT IN THE ADMINISTRATION OF THE FUND, PARTICULARLY FOR SMALLER SPILLS. SINCE THE FUND WOULD BE OPERATED ON THE STATE LEVEL, UP TO SOME SPECIFIED DOLLAR LIMIT, IT WOULD BE MORE ACCESSIBLE. VERY IMPORTANTLY, A STATE COULD ENSURE THAT ADEQUATE RESPONSE IS MADE TO SMALL SPILLS.

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ON THE OTHER SIDE, THE INDUSTRY SHOULD BE SATISFIED BECAUSE THE LAW WOULD BE UNIFORM THROUGHOUT THE COUNTRY. HAVING THE SINGLE, LARGE FUND WOULD ENSURE THAT THERE WOULD BE SUFFICIENT MONEY AVAILABLE TO HANDLE A VERY LARGE SPILL SHOULD ONE OCCUR ANYWHERE IN THE UNITED STATES. YET, STATES WOULD RETAIN SUFFICIENT CONTROL TO ENSURE THAT THE LAW IS PROPERLY ENFORCED AND THAT THEIR CITIZENS ARE COMPENSATED FOR ALL DAMAGES THEY SUFFER FROM ANY SPILL, LARGE OR SMALL.

WE COULD NOT SUPPORT THIS COMPROMISE UNLESS THE FEDERAL LAW WAS ENVIRONMENTALLY SOUND AND COVERED HAZARDOUS MATERIALS. WHILE WE ARE HESITANT TO PREEMPT THE STATE LAWS BEFORE THE FEDERAL PLAN HAS PROVEN ITSELF IN PRACTICE, WE THINK THAT SOME OF THE OBJECTIONS TO PREEMPTION COULD BE TAKEN CARE OF BY THIS PROPOSAL.

5. RECOVERABLE DAMAGES

(A) PUBLIC RECOVERY FOR DAMAGE TO NATURAL RESOURCES: ANOTHER AREA WE CONSIDER TO BE ESTREMELY IMPORTANT INVOLVES THE TYPES OF DAMAGES TO NATURAL RESOURCES FOR WHICH A SPILLER WILL BE HELD LIABLE. FIRST OF ALL, I AM VERY PLEASED TO SEE THAT THE BILLS INTRODUCED THIS SESSION, UNLIKE H.R. 6803, CONTAIN A BROAD DEFINITION OF NATURAL RESOURCES. WE WOULD, HOWEVER, LIKE TO SEE LAND, AIR AND WATER ADDED TO THAT DEFINITION SO THAT IT READS:

"NATURAL RESOURCES" INCLUDES, FISH, WILDLIFE, BIOTA, LAND, AIR, WATER, AND OTHER SUCH RESOURCES BELONGING TO, MANAGED BY, HELD IN TRUST BY, APPERTAINING TO, OR OTHERWISE CONTROLLED BY THE UNITED STATES (INCLUDING THE RESOURCES OF THE FISHERY CONSERVATION ZONE ESTABLISHED BY THE FISHERY CONSERVATION ACT OF 1976), ANY STATE OR LOCAL GOVERNMENT, OR ANY FOREIGN GOVERNMENT.

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THE ENVIRONMENTAL ORGANIZATIONS BELIEVE THAT THE MEASURE OF DAMAGES RECOVERABLE BY THE GOVERNMENT AS TRUSTEE SHOULD NOT BE LIMITED TO "ECONOMIC VALUE" IN A STRICT SENSE, NOR BY THE SUMS THAT CAN BE SPENT TO RESTORE OR REPLACE RESOURCES. WE ARE AFRAID THAT A SPECIES WHICH IS NOT COMMERCIALLY HARVESTED MIGHT NOT BE COVERED BY THE HOUSE BILLS. WE ARE NOT ASKING FOR PUNITIVE DAMAGES, BUT ONLY THAT THE PUBLIC BE COMPENSATED FOR VERY REAL LOSS. RESOURCES THAT HAVE NO "COMMERCIAL" VALUE AS SUCH HAVE A VALUE TO THE PUBLIC, AND IF THEY ARE DESTROYED AS THE RESULT OF A SPILL, THE PUBLIC SHOULD BE COMPENSATED FOR THE LOSS. I DO NOT THINK ANY OF US WOULD WANT TO ARGUE THAT IF, FOR EXAMPLE, A DISCHARGE OF OIL WIPED OUT A POPULATION OF WHOOPING CRANES, THE SPILLER WOULD OWE NOTHING SIMPLY BECAUSE THERE WAS NO ESTABLISHED MARKET FOR CRANES. IN THIS CONNECTION, WE STRONGLY SUPPORT THE SUBSTANCE OF A PROVISION OFFERED LAST SESSION BY SENATOR CHAFFEE AS AN AMENDMENT TO SECTION 5(A)(9) AND 5(E)(1)(A) OF S.2083. THAT AMENDMENT WOULD, AMONG OTHER THINGS, MANDATE RESEARCH ON THE VALUATION OF DAMAGED NATURAL RESOURCES, INCLUDING MEASURES OF DAMAGE BASED ON UNITS OF AFFECTED AREA OR RESOURCE. THE ENTIRE AMENDMENT IS SET OUT AS AN APPENDIX TO THIS TESTIMONY.

SECONDLY, THE MEASURE OF DAMAGES SHOULD NOT BE LIMITED BY THE SUMS THAT CAN BE SPENT TO RESTORE OR REPLACE RESOURCES. AS THE BILLS ARE PRESENTLY WORDED, THE SPILLER COULD ARGUE THAT IF THE RESOURCE DESTROYED COULD NOT BE REPLACED, THERE IS NO RECOVERABLE DAMAGE.

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WE DO NOT THINK THAT THE INDUSTRY WOULD RAISE ANY SERIOUS OBJECTION TO THE ADDITION OF A PROVISION ALLOWING THE TRUSTEE TO EXPEND RECOVERED MONEY TO PURCHASE OTHER AREAS OR TO IMPROVE THE MARINE ENVIRONMENT GENERALLY IF SOME OF THE DESTROYED REASOURCES ARE TRULY IRREPLACEABLE. WHILE THIS COULD PERHAPS BE READ INTO THE BILLS, IT SHOULD BE MADE EXPLICIT.

(B) CITIZEN SUITS: IT IS CRUCIAL THAT CLAIMS TO RECOVER FOR NATURAL RESOURCE DAMAGE BE FILED IN ORDER TO ENSURE THAT PROPER PREVENTION AND CLEANUP EFFORTS WILL BE MADE AND THAT MONEY WILL BE AVAILABLE TO RESTORE DAMAGED AREAS. THEREFORE, IT IS OUR POSITION THAT ANY SUPERFUND LEGISLATION SHOULD PROVIDE SOME ASSURANCE THAT THE GOVERNMENT OFFICIAL TO WHOM THE "TRUST" RESPONSIBILITIES ARE DELEGATED WILL ACT. WE THINK THAT A PROVISION SHOULD BE INCLUDED AUTHORIZING CITIZEN QUI TAM ACTIONS TO RECOVER FOR NATURAL RESOURCE DAMAGE IF THE TRUSTEE DOES NOT MAKE A CLAIM. SUCH A PROVISION WOULD PROVIDE AN INCENTIVE FOR RESPONSIBLE OFFICIALS TO FULFILL THEIR RESPONSIBILITIES. WE SUGGEST THE FOLLOWING COMPONENTS: (1) TEN DAYS AFTER A SPILL, ANY CITIZEN COULD SEND A LETTER TO THE SECRETARY, ANNOUNCING THE INTENTION TO BRING A QUI TAM ACTION. THE LETTER WOULD HAVE TO STATE WHERE THE SUIT WOULD BE BROUGHT, ITS LEGAL BASIS, AND A DESCRIPTION OF THE DAMAGES; (2) IF THE TRUSTEE DOES NOT BRING AN ACTION WITHIN THIRTY DAYS OF RECEIVING THE LETTER, THE CITIZEN COULD BRING AN ACTION; (3) THE COURTS WOULD HAVE THE POWER TO CONSOLIDATE SUCH SUITS, OR TO DESIGNATE ONE PROPER PLAINTIFF; (4) THE TRUSTEE WOULD HAVE THE RIGHT TO TAKE OVER THE SUIT AT ANY TIME, WITH THE PAYMENT TO THE PLAINTIFF OF COSTS AND ATTORNEYS' FEES; (5) A SUCCESSFUL PLAINTIFF COULD BE AWARDED COSTS AND ATTORNEYS' FEES.

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(C) PRIVATE CLAIMS FOR LOSS OF USE OF NATURAL RESOURCES:

ANY DAMAGE FORMULATION MUST ALLOW CLAIMANTS TO RECOVER FOR DAMAGE TO THEIR SUBSISTENCE USE OF NATURAL RESOURCES, WHETHER OR NOT THEY ARE WHOLLY OR PARTIALLY DEPENDENT ON SUBSISTANCE USE, AND EVEN IFTHEIR LOSS IS NOT CONSIDERED "ECONOMIC" BY TRADITIONAL DEFINITION. THE PRESENT FORMULATION OF RECOVERABLE DAMAGE IN BOTH BILLS IS IN TERMS OF ECONOMIC LOSS. WHILE THEY MIGHT BE INTERPRETED TO COVER LOSS OF SUBSISTANCE USE, THIS SHOULD BE SPELLED OUT CLEARLY. SUCH A PROVISION SHOULD PROVIDE FOR RECOVERY FOR LOSS OF NATURAL RESOURCES USED FOR "FOOD, FUEL, CLOTHING, OR OTHER SUBSISTANCE USES."

AN ADEQUATE DAMAGE RECOVERY PROVISION MUST ALSO BE AVAILABLE FOR THOSE WHOSE INCOME DEPEND IN PART ON NATURAL RESOURCES. H.R. 85 REQUIRES THAT AN INJURED PERSON DERIVE AT LEAST 25% OF HIS OR HER INCOME FROM ACTIVITIES THAT UTILIZE THE IMPAIRED PROPERTY OR NATURAL RESOURCE IN ORDER TO MAKE SUCH A CLAIM. THIS WOULD ALLOW A SPILLER TO ESCAPE FROM PAYING FOR DAMAGES IT SHOULD BE RESPONSIBLE FOR.

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LOSS OF EARNINGS IS NONE THE LESS REAL BECAUSE A CLAIMANT IS NOT TOTALLY DEPENDENT UPON THE LOST INCOME. THEREFORE, WE SUPPORT H.R. 29 IN THIS REGARD, SINCE IT OMITS THE 25% MINIMUM REQUIREMENT FOR CLAIMS FOR LOSS OF INCOME OR EARNING CAPACITY.

6. PROCEDURES FOR SETTLEMENT

BOTH BILLS DO PROVIDE SOME ASSURANCE THAT CLAIMS MADE AGAINST THE FUND WILL BE SETTLED FAIRLY. UNDER SECTION 107(G)(1) OF H.R. 85 AND H.R. 29 THE SECRETARY IS REQUIRED TO ESTABLISH UNIFORM PROCEDURES AND STANDARDS FOR THE APPRAISAL AND SETTLEMENT OF CLAIMS AGAINST THE FUND. UNFORTUNATELY, THERE IS NO ASSURANCE THAT CLAIMS SETTLED DIRECTLY WITH THE SPILLER WILL BE HANDLED IN A FAIR REASONABLE MANNER.

BOTH BILLS REQUIRE THAT CLAIMS FIRST BE PRESENTED TO ANY DESIGNATED SPILLER, AND MANDATE AT LEAST A SIXTY DAY WAITING PERIOD BEFORE A CLAIM CAN BE MADE TO THE FUND. THESE PROVISIONS MAY RESULT IN CLAIMANTS SETTLING FOR LESS THAN THEY ARE ENTITLED TO, DUE TO IMMEDIATE FINANCIAL HARDSHIP OR SIMPLY BECAUSE OF THE UNEQUAL BARGAINING POWER OF THE PARTIES. THE ADMINISTRATIVE AGENCY SHOULD HAVE SUPERVISORY RESPONSIBILITY OVER THE SETTLEMENT OF ALL CLAIMS. WE SUGGEST THAT BOARDS OF ARBITRATION OF DISPUTES BE AVAILABLE.

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IF INJURED PERSONS ARE, IN FACT, GOING TO BE REQUIRED TO WAIT SIXTY DAYS BEFORE PRESENTING THEIR CLAIMS TO THE FUND ITSELF, THEN THE LAW SHOULD PROVIDE AN INTEREST FREE LAON FROM THE FUND IN CASES OF EXTREME HARDSHIP. IF A SPILLER DOES NOT SETTLE AND THE FUND PAYS THE CLAIM, INTEREST SHOULD BE CHARGED TO THE SPILLER FROM THE DATE THE CLAIM IS ORIGINALLY MADE, AS WELL AS ADMINISTRATIVE AND INVESTIGATIVE COSTS AND ATTORNEYS' FEES. ALL OF THESE PROVISIONS WOULD HELP ENCOURAGE PROMPT, FAIR SETTLEMENT.

7. CLASS ACTION SUITS

CLASS ACTION SUITS SHOULD BE PROVIDED FOR SPECIFICALLY IN THE SUPERFUND LEGISLATION. THE MECHANISM PROPOSED IN H.R. 85 AND H.R. 29 IS A VERY GOOD ONE. BOTH BILLS WOULD AUTHORIZE THE ATTORNEY GENERAL TO BRING A CLASS ACTION, BUT IF HE DOES NOT DO SO, ANY MEMBER OF THE CLASS MAY MAINTAIN THE SUIT.

THE ENVIRONMENTAL ORGANIZATIONS ALSO THINK IT WOULD BE USEFUL TO EASE THE NOTICE REQUIREMENTS FOR A CLASS ACTION SUIT. SECTION 103(D) OF BOTH BILLS PROVIDES THAT IF THE MEMBERSHIP OF THE CLASS EXCEEDS 1,000, NOTICE IN LOCAL NEWSPAPERS IN SUFFICIENT TO SATISFY REQUIREMENTS OF RULE 23(C)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE. WHILE WE RECOGNIZE THIS AS A SIGNIFICANT STEP IN THE RIGHT DIRECTION, WE WOULD PREFER A PROVISION WHICH WOULD PERMIT THE NOTICE REQUIREMENTS TO BE FULFILLED BY PUBLICATION IF THE CLASS WERE OVER ONE HUNDRED. SUCH A PROVISION WOULD HELP MAKE THE MAINTENANCE OF CLASS ACTIONS ECONOMICAL AND PRACTICAL.

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8. INCENTIVES TO REPORT AND CLEANUP SPILLS

THE SUPERFUND LEGISLATION SHOULD REQUIRE THAT POLLUTERS REPORT SPILLS PROMPTLY AND PROVIDE STRONG INDUCEMENTS TO ENSURE THAT THEY DO, FOR IT IS ONLY THROUGH SUCH PROMPT REPORTING THAT ADEQUATE CLEANUP MEASURES CAN BE TAKEN AND LIABILITY PROPERLY ATTRIBUTED TO THE SPILLER. BOTH BILLS INTRODUCED IN THE HOUSE THIS SESSION LIMIT THE PENALTY FOR NOT REPORTING TO A MAXIMUM OF $10,000 OR ONE YEAR IN JAIL OR BOTH. THIS FINANCIAL PENALTY IS NOT STIFF ENOUGH TO BE USEFUL, AND WE SHOULD NOT DELUDE OURSELVES THAT PRISON SENTENCES WILL BE IMPOSED EXCEPT IN THE MOST EGREGIOUS CIRCUMSTANCES. A PENALTY OF $100,000 OR ONE YEAR IN JAIL SHOULD BE IMPOSED IN ORDER TO ENCOURAGE ALL SPILLERS TO REPORT. IF A PENALTY IS AMALLER, THE PERSON RESPONSIBLE FOR A SPILL WILL WEIGH THE ADVANTAGES OF NOT REPORTING AND THE POSSIBILITY OF AVOIDING CAPTURE AGAINST THE SMALL PENALTY.

THERE SHOULD ALSO BE A PROVISION THAT ANY PERSON WHO DOES NOT COMPLY WITH THE REPORTING REQUIREMENTS WILL NOT BE ABLE TO INVOLKE THE VARIOUS STATUTORY EXEMPTIONS FROM LIABILITY OR THE LIABILITY LIMITS. IN OTHER WORDS, FAILURE TO REPORT A SPILL WOULD BE ADDED TO GROSS NEGLIGENCE AND WILFUL MISCONDUCT IN SECTION 104(B) OF THE BILLS AS BASES FOF LOSING LIABILITY LIMITS AND EXEMPTION.

WE ARE PLEASED THAT BOTH BILLS ALLOW A SPILLER CREDIT AGAINST ITS LIABILITY LIMIT FOR ITS OWN CLEANUP EXPENSES.

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THE KNOWLEDGE THAT IT CAN RECOVER FOR EXPENSES INCURRED OVER ITS LIABILITY LIMIT SHOULD ENCOURAGE A SPILLER TO ACT QUICKLY AND EFFICIENTLY.

THE ENVIRONMENTAL ORGANIZATIONS THINK IT IS EXTREMELY IMPORTANT THAT OPERATORS OR OWNERS OF MAJOR FACILITIES BE REQUIRED TO SUBMIT DETAILED INFORMATION REGARDING SUCH FACTORS AS THEIR CONTAINMENT AND REMOVAL EQUIPMENT, THE TRAINED PERSONNEL AVAILABLE WITHIN ONE HOUR OF DISCHARGE TO OPERATE THAT EQUIPMENT, AND ROUTINE STEPS TAKEN TO PREVENT AND MITIGATE THE IMPACTS OF DISCHARGES. THERE IS NO SUCH PROVISION IN EITHER BILL.

9. RESEARCH, EQUIPMENT AND TRAINING

ANY SUPERFUND BILL SHOULD PROVIDE ADDITIONAL FUNDS FOR RESEARCH INTO METHODS OF PREVENTING, CONTAINING, AND CLEANUP OF SPILLS; EQUIPMENT AND SUPPLIES; AND TRAINING OF SPILL RESPONSE TEAMS. THE STATE OF KNOWLEDGE REGARDING FATES AND EFFECTS OF OIL AND HAZARDOUS SUBSTANCES ON THE MARINE ENVIRONMENT REMAINS LIMITED. CLEANUP EQUIPMENT, TECHNIQUES, AND STRATEGIES ARE STILL INADEQUATE TO THE TASK. WE DO NOT HAVE ENOUGH SPILL RESPONSE TEAMS OR SUFFICIENT EQUIPMENT. TRAINING FOR SPILL RESPONSE PERSONNEL NEEDS TO BE INCREASED. YET, H.R. 85 CONTAINS NO PROVISION AT ALL FOR RESEARCH FUNDING. H.R. 29 REPRESENTS A MODEST EFFORT TO MEET THIS NEED, AS IT DOES ALLOW FOR EXPENDING A MAXIMUM OF $10 MILLION PER YEAR FOR RESEARCH, BUT ONLY AFTER APPROPRIATION IN A SEPARATE ACT. WE URGE THAT THE LEGISLATION PROVIDE A SET SUM EACH YEAR TO BE EXPENDED FROM THE FUND FOR RESEARCH, EQUIPMENT AND TRAINING, AND THAT THE FUND BE ALLOWED TO GROW BY THAT ADDITIONAL AMOUNT BEFORE THE LEVY IS STOPPED.

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10. SIZE OF THE FUND

THE BILLS PROPOSE A LEVY OF 3 CENTS PER BARREL AND A FUND OF $200 MILLION. SINCE THE FUND WILL HAVE THE AUTHORITY TO BORROW FROM THE TREASURY ON AN INTERIM BASIS IF ITS ASSETS ARE INSUFFICIENT TO COVER CURRENT CLAIMS FOR COMPENSATION, $200 MILLION MAY BE ADEQUTAE. WE WOULD NOTE, HOWEVER, THAT THE TRANS-ALASKA PIPELINE ACT, 43 U.S.C. SECTION 1653, WHICH ESTABLISHED A LIABILITY AND COMPENSATION PLAN TO COVER THE VARIOUS ELEMENTS OF THE ALASKA PIPELINE AND THE DELIVERY OF NORTH SLOPE OIL TO THE LOWER 48 STATES IN 1973, PROVIDES FOR A LEVY OF 5 CENTS PER BARREL, AND A FUND OF $100 MILLION. SUPERFUND LEGISLATION WOULD ELIMINATE THOSE PROVISIONS OF THE TRANS-ALASKA PIPELINE ACT CREATING SUCH A FUND. IF $100 MILLION IS WHAT CONGRESS FELT WAS REASONABLE TO COVER OIL POLLUTION LIABILITY JUST FOR ONE PORTION OF THE COUNTRY SIX YEARS AGO, A LARGER FUND FOR THE ENTIRE COUNTRY, INCLUDING OCS ACTIVITIES, IS APPROPRIATE. WE WOULD SUGGEST THAT THE FUND BE ALLOWED TO FLOAT AS HIGH AS $400 MILLION, AND SUBSTANTIALLY HIGHER IF HAZARDOUS SUBSTANCES ARE INCLUDED. IF FEES ARE LEVIED ON HAZARDOUS SUBSTANCES AS WELL AS OIL, THE LEVY OF 3 CENTS PER BARREL ON OIL SHOULD BE SUFFICIENT.

11. AREA OF APPLICATION

THE FEDERAL WATER POLLUTION CONTROL ACT APPLIES TO ALL WATERS OF THE UNITED STATES, INCLUDING NONTRIBUTORY WATERS SUCH AS PONDS AND INTRASTATE BODIES OF WATER.

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IT WOULD BE DESIRABLE FOR THE SUPERFUND LEGISLATION TO HAVE THE SAME AREA OF APPLICATION, BUT IT IS UNCLEAR WHETHER THE HOUSE BILLS DO SO. THIS COULD BE REMEDIED EASILY. THE RESULT OF HAVING TWO DIFFERENT DEFINITIONS WOULD BE OVERLAPPING JURISDCITION BETWEEN SECTION 311 AND SUPERFUND IN SOME WATERS AND EXCLUSIVE SECTION 311 JURISDICTION IN OTHER AREAS. THIS, OF COURSE, COULD CAUSE CONSIDERABLE AND UNNECESSARY CONFUSION AND INEFFICIENCY.

12. RELATED PENALTIES

PENALTIES TO BE PAID INTO THE SUPERFUND SHOULD INCLUDE ALL OIL POLLUTION AND -- IF THEY ARE COVERED IN THE NEW LEGISLATION ALL HAZARDOUS SUBSTANCES PENALTIES. THESE COULD COME FROM SUCH SOURCES AS THE FWPCA, SECTION 311(B)(5), THE OCSLA ADMTS., SECTION 312, INTERVENTION ON THE HIGH SEAS ACT, SECTION 12, OIL POLLUTION ACT OF 1961, SECTION 7, DEEPWATER PORT ACT, SECTION 311, AND OTHER STATUTES.

13. LIMITATION OF LIABILITY ACT

THE ENVIRONMENTAL ORGANIZATIONS STRONGLY SUPPORT THE EXPRESS REPEAL OF THE FEDERAL LIMITATION OF LIABILITY ACT OF 1851, 46 U.S.C. 6183(C), PROVIDED FOR IN SECTION 104(J) OF H.R. 85 AND SECTION 104(I) OF H.R. 29.

14. COVERAGE FOR CANADIAN

THE TRANS-ALASKA PIPELINE FUND PROVIDES COVERAGE TO CANADIANS WHO SUFFER INJURY FROM SPILLS. H.R. 85 AND H.R. 29 WOULD SUPERCEDE THE TAPS FUND, YET NEITHER WOULD SPECIFICALLY COVER CANADIANS.

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WE THINK THIS DEFECT SHOULD BE REMEDIED.

15. CITIZEN PARTICIPATION IN RULEMAKING

OIL SPILLS AND HAZARDOUS SUBSTANCE LIABILITY REGULATIONS WILL BE OF GREAT INTEREST TO MANY CITIZENS AND ORGANIZATIONS. WE URGE THAT ADEQUATE PROVISION BE MADE FOR PUBLIC PARTICIPATION IN THE RULEMAKING PROCESS, AND THAT THE COSTS OF SUCH PARTICIPATION BE REIMBURSED WHEN IT CAN REASONABLY BE EXPECTED TO PROMOTE A FULL AND FAIR DETERMINATION OF THE ISSUES. WHEN CITIZEN GROUPS PARTICIPATE IN AGENCY PROCEEDINGS, THEY OFTEN DRAW ATTENTION TO FACTS, ARGUMENTS AND PERSPECTIVES THAT WOULD NOT BE PUT FORWARD BY OTHER PARTIES. SUCH PARTICIPATION ALSO CONTRIBUTES TO PUBLIC UNDERSTANDING AND ACCEPTANCE OF FINAL AGENCY DECISION.

16. ATTORNEYS FEES

THE SUPERFUND LEGISLATION SHOULD CONTAIN A PROVISION FOR ATTORNEYS' FEES AND COSTS TO BE AWARDED A CLAIMANT WHO PREVAILS ON REVIEW IN THE COURT OF APPEALS. THIS WOULD BOTH REDUCE THE NUMBER OF FRIVOLOUS OR INSUBSTANTIAL APPEALS BY INDUSTRY, AND ASSIST THOS CLAIMANTS WHO OTHERWISE MIGHT NOT HAVE THE RESOURCES TO OBTAIN FINAL VINDICATION OF THEIR RIGHTS. WE ALSO SUGGEST THAT THE BILL PROVIDE ATTORNEYS' FEES AND COSTS TO CLAIMANTS WHO SUCCESSFULLY APPLY TO THE FUND FOR COMPNESATION.

17. SUBPOENA POWER

IT WOULD SEEM TO BE ESSENTIAL FOR THE AGENCY THAT ADMINISTERS THE FUND TO HAVE SUBPOENA POWER. THIS IS NOT PROVIDED FOR IN THE BILLS.

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18. ADMINISTRATION OF THE FUND

WE BELIEVE THAT THE DEPARTMENT OF TRANSPORTATION IS NOT THE MOST APPROPRIATE AGENCY TO ADMINISTER THE PROPOSED PLAN. CERTAIN DIVISIONS OF DOT HAVE OTHER AND POSSIBLY CONFLICTING RESPONSIBILITIES RELATING TO OIL POLLUTION. THE UNITED STATES COAST GUARD, IN PARTICULAR, HAS CLEANUP AND ENFORCEMENT RESPONSIBILITIES UNDER VARIOUS U.S. LAWS AND WOULD ITSELF BE MAKING CLAIMS AGAINST THE FUND. THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION (NOAA), THE AGENCY TO WHICH CONGRESS HAS GIVEN DIRECT RESPONSIBILITY FOR THE OCEANS, IS LOGICALLY THE GOVERNMENT AGENCY WHICH SHOULD ADMINISTER THE FUND AND MAKE THE DECISIONS AS TO COMPENSATION AND LIABILITY.

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APPENDIX

CHAFFEE AMENDMENT, SECTION 5(A)(9), S.2083:

"SUBJECT TO SUCH AMOUNTS AS ARE PROVIDED IN APPROPRIATIONS ACTS, THE FUND SHALL BE AVAILABLE FOR COSTS OF RESEARCH RELATED TO THE PURPOSES OF THIS ACT AND SECTION 311 OF THE FEDERAL WATER POLLUTION CONTROL ACT, NOT TO EXCEED $10,000,000 PER FISCAL YEAR, TO BE PERFORMED BY FEDERAL AGENCIES INCLUDING THE ENVIRONMENTAL PROTECTION AGENCY, THE FISH AND WILDLIFE SERVICE, AND THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. SUCH RESEARCH SHALL INCLUDE, BUT NOT (B) LIMITED TO (A) DEVELOPMENT AND REFINEMENT OF PROTOCOLS TO DETERMINE THE TYPE AND EXTENT OF SHORT AND LONG TERM INJURY OR LOSS OF NATURAL RESOURACES, (B) DEVELOPMENT AND REFINEMENT OF THE BEST AVAILABLE PROCEDURES TO IDENTIFY THE VALUE OF INJURED OR LOST RESOURCES, (C)LABORATORY OR FIELD RESEARCH ON THE EFFECTS OF OIL ON LIVING AND NON-LIVING RESOURCES THAT WILL PROVIDE ADDITIONAL SCIENTIFIC BASIS FOR DAMAGE ASSESSMENTS, AND (D) RESEARCH ON MINIMIZING THE DAMAGE CAUSED BY SPILL CONTROL, DISPERSAL AND REMOVAL OPERATIONS.

THE PRESIDENT, ACTING THROUGH THE ADMINISTRATOR OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, AND THE DIRECTOR OF THE FISH AND WILDLIFE SERVICE, NOT LATER THAN TWO YEARS AFTER THE ENACTMENT OF THIS ACT, SHALL PROMULGATE REGULATIONS FOR THE ASSESSMENT OF DAMAGES FOR INJURY TO, DESTRUCTION OF, OR LOSS OF NATURAL RESOURCES RESULTING FROM A DISCHARGE OF OIL FOR THE PURPOSES OF THIS ACT AND SECTION 311 OF THE FEDERAL WATER POLLUTION CONTROL ACT."

SUCH REGULATIONS SHALL SPECIFY (1) STANDARD PROCEDURES FOR SIMPLIFIED ASSESSMENTS REQUIRING MINIMAL FIELD OBSERVATION, INCLUDING ESTABLISHING MEASURES OF DAMAGES BASED ON UNITS OF DISCHARGE OR UNITS OF AFFECTED AREA, AND (II) ALTERNATIVE PROTOCOLS FOR CONDUCTING ASSESSMENTS IN INDIVIDUAL CASES TO DETERMINE THE TYPE AND EXTENT OF SHORT AND LONG TERM INJURY, DESTRUCTION, OR LOSS. SUCH REGULATIONS SHLALL IDENTIFY THE BEST AVAILABLE PROCEDURES TO DETERMINE THE TYPE AND EXTENT OF SHORT AND LONG TERM INJURY, DESTRUCTION, OR LOSS."

"SUCH REGULATIONS SHALL IDENTIFY THE BEST AVAILABLE PROCEDURES TO DETERMINE SUCH DAMAGES, INCLUDING BOTH DIRECT AND INDIRECT INJURY, DESTRUCTION, OR LOSS AND SHALL TAKE INTO CONSIDERATION FACTORS INCLUDING, BUT NOT LIMITED TO, REPLACEMENT VALUE, USE VALUE, AND ABILITY OF THE ECOSYSTEM OR RESOURCE TO RECOVER.

SUCH REGULATIONS SHALL BE REVIEWED AND REVISED AS APPROPRIATE EVERY TWO YEARS."

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STATEMENT OF THE NATIONAL RECYCLING COALITION, INC. BEFORE AN OVERSIGHT HEARING OF THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE, HOUSE COMMITTEE ON ON INTERSTATE AND FOREIGN COMMERCE, ON THE RESOURCE CONSERVATION AND RECOVERY ACT

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MY NAME IS CLIFFORD P. CASE, III. I AM THE PRESIDENT OF THE NATIONAL RECYCLING COALITION, INC., 45 ROCKEFELLER PLAZA, ROOM 2350, NEW YORK, NEW YORK 10020.

THE COALITION IS A NON-PROFIT TAX-EXEMPT GROUP MADE UP UP OF OVER 15 MAJOR ENVIRONMENTAL, LABOR, BUSINESS AND CIVIC ORGANIZATIONS, INCLUDING THE UNITED AUTO WORKERS, THE AMALAGAMATED CLOTHING AND TEXTILE WORKERS UNION, THE LEAGUE OF WOMEN VOTERS OF THE UNITED STATES, THE NATIONAL AUDUBON SOCIETY AND THE SIERRA CLUB. THE COALITION'S GOAL IS TO INCREASE RECYCLING SUBSTANTIALLY IN THIS COUNTRY, SO AS TO REALIZE ITS MULTIPLE BENEFITS: CONSERVATION OF RESOURCES AND ENERGY, REDUCTION OF WASTE, LESSENING OF PRESSURES FOR EXPLOITATION OF WILD AREAS, AND CREATION OF JOBS, ESPECIALLY IN DEPRESSED URBAN AREAS.

THE COALITION IS APPEARING BEFORE THIS OVERSIGHT HEARING ON THE IMPLEMENTATION OF THE RESOURCE CONSERVATION AND RECOVERY ACT BECAUSE OF ITS INTEREST IN THE FULL AND EFFECTIVE IMPLEMENTATION OF ONE SECTION OF RCRA, SECTION 6002.

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SECTION 6002 REQUIRES THE FEDERAL GOVERNMENT, STATES USING FEDERAL FUNDS FOR PROCUREMENT, AND CONTRACTORS DOING BUSINESS WITH BOTH TO GIVE A PREFERENCE IN PURCHASING TO RECYCLED PRODUCTS. SPECIFICALLY, ALL FEDERAL AGENCIES THAT HAVE THE RESPONSIBILITY FOR DRAFTING OR REVIEWING SPECIFICATIONS FOR PROCUREMENT ARE REQUIRD, ON OR BEFORE APRIL 21, 1978, TO REVIEW AND REVISE THEIR SPECIFICATIONS TO ELIMINATE ANY EXCLUSION OF RECOVERED MATERIALS, TO ELIMINATE ANY REQUIREMENT THAT THE PRODUCT INVOLVED IS COMPOSED EXCLUSIVELY OF VIRGIN MATERIAL, AND TO REQUIRE RECLAIMED MATERIALS TO BE USED, TO THE MAXIMUM EXTENT POSSIBLE WITHOUT JEOPARDIZING THE INTENDED END USE OF THE ITEM.

IN ADDITION, ON OR BEFORE OCTOBER 21, 1978, EACH PROCUREMENT AGENCY (A TERM WHICH INCLUDES STATE AGENCIES AND PRIVATE CONTRACTORS IN THE ADDITION TO FEDERAL AGENCIES) IS REQUIRED TO BUY ITEMS COMPOSED OF THE HIGHEST PERCENTAGE OF RECOVERED MATERIALS PRACTICABLE FOR ALL PURCHASES OVER $10,000, SO LONG AS THE ITEMS SOUGHT TO BE PURCHASED ARE AVAILABLE WITHIN A REASONABLE PERIOD OF TIME AND AT A REASONABLE PRICE, AND MEET REASONABLE PERFORMANCE STANDARDS, AND A SATISFACTORY LEVEL OF COMPETITION CAN BE MAINTAINED.

SECTION 6002 DEMONSTRATES THE INTENT OF THE CONGRESS TO USE THE PURCHASING POWER OF THE FEDERAL GOVERNMENT, AND OF OTHER LEVELS OF GOVERNMENT AND PRIVATE CONTRACTORS, TO THE EXTENT FEDERAL FUNDS ARE USED, TO ASSIST IN MEETING THE OVERALL GOALS OF RCRA: CONSERVATION OF RESOURCES, ELIMINATION OF WASTE AND ALLEVIATION OF THE HAZARDOUS ENVIRONMENTAL AND SOCIAL CONSEQUENCES OF TOO MUCH GARBAGE.

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IN THE WORDS OF THE ACT, "THE PROBLEMS OF WASTE DISPOSAL. . . HAVE BECOME A MATTER NATIONAL IN SCOPE AND IN CONCERN AND NECESSITATE FEDERAL ACTION. . .TO REDUCE THE AMOUNT OF WASTE AND UNSALVAGEABLE MATERIALS AND TO PROVIDE FOR PROPER AND ECONOMICAL SOLID-WASTE DISPOSAL PRACTICES." THE CONGRESS ALSO FOUND IN THE ACT THAT "MILLIONS OF TONS OF RECOVERABLE MATERIAL WHICH COULD BE USED ARE NEEDLESSLY BURIED EACH YEAR," AND THAT "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."

USE OF THE FEDERAL GOVERNMENT'S PURCHASING POWER TO ASSIST IN ACHIEVING RCRA'S GOALS BY INCREASING RECYCLING IS BY NO MEANS IRRATIONA, WITHOUT PRECEDENT, OR INCONSISTENT WITH OTHER FEDERAL POLICIES IN THIS AREA. IN THE FIRST PLACE, THE FEDERAL GOVERNMENT IS A MAJOR BUYER: IT PURCHASES AMOUNT TO APPROXIMATELY $50 BILLION EACH YEAR. IN ADDITION, FEDERAL PURCHASE SPECIFICATIONS AND PRACTICES ARE OFTEN LOOKED TO BY OTHERS, BOTH IN AND OUTSIDE OF GOVERNMENT, FOR GUIDANCE. THUS FEDERAL PURCHASING PRACTICES CAN HAVE A DEFINITE IMPACT. RECOGNITION OF THE POSSIBLE IMPACT OF FEDERAL PURCHASING HAS LED THE CONGRESS TO USE PURCHASING AS A TOOL TO CARRY OUT FEDERAL POLICIES IN AREAS TOTALLY DISTINCT FROM INCREASING RECYCLING, SUCH AS AID TO SMALL BUSINESS, MINORITY ENTERPRISE, AND FIRMS EMPLOYING THE HANDICAPPED.

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ALSO, THE SUBCOMMITTEE SHOULD BE AWARE THAT THE REQUIREMENTS OF SECTION 6002 DO NOT STAND ALONE, BUT ARE PART OF AN OVERALL POLICY OF INCREASING RECYCLING WHICH AFFECTS PRIVATE INDUSTRY AS WELL AS THE FEDERAL, STATE AND LOCAL GOVERNMENTS. FOR EXAMPLE, STATES ARE REQUIRED BY THE ENERGY POLICY AND CONSERVATION ACT TO INCLUDE PROGRAMS FOR INCREASED PURCHASE OF RECYCLED PRODUCTS IN THEIR ENERGY PLANS; THE INTERSTATE COMMERCE COMMISSION HAS BEEN DIRECTED TO ASSESS THE POSSIBLY DISCRIMINATORY IMPACT OF FREIGHT RATES ON TRANSPORT OF SCRAP FOR RECYCLING UNDER THE RAILROAD REVITALIZATION AND REGULATORY REFORM ACT; AND LAST FALL'S ENERGY LEGISLATION BOTH PROVIDED TAX INCENTIVES FOR PRIVATE INVESTMENT IN RECYCLING EQUIPMENT AND REQUIRED THAT RECYCLING TARGETS BE FIXED FOR ENERGY-INTENSIVE INDUSTRIES TO AID IN CONSERVING ENERGY.

UNFORTUNATELY, IN SPITE OF THE FACT THAT THE USE OF FEDERAL PURCHASING TO INCREASE RECYCLING MAKES SENSE ON ITS OWN AND IS CONSISTENT NOT ONLY WITH THE OVERALL GOALS OF RCRA BUT WITH THE OTHER FEDERAL PROGRAMS REFERRED TO ABOVE, AND IN SPITE OF THE FACT THAT FEDERAL PURCHASING POWER HAS BEEN USED WITH SUCCESS IN AREAS OTHER THAN RECYCLING, I MUST REPORT TO THIS SUBCOMMITTEE THAT THE FEDERAL AGENCIES WITH RESPONSIBILITY FOR CARRYING OUT THE MANDATE OF SECTION 6002 HAVE EITHER OUTRAGEOUSLY NEGLECTED THEIR DUTIES OR SCORNED THEM DIRECTLY.

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IT IS OUR HOPE THAT BY MAKING THIS SITUATION CLEAR TO THIS SUBCOMMITTEE, TO THE CONGRESS AND A WHOLE AND TO THE AMERICAN PEOPLE, THIS SAD STATE OF FACTS CAN BE CHANGED.

FIVE FEDERAL AGENCIES ARE INVOLVED IN THE IMPLEMENTATION OF SECTION 6002 OF RCRA. THEY ARE THE GENERAL SERVICES ADMINISTRATION AND THE DEPARTMENT OF DEFENSE, WHICH TOGETHER ARE RESPONSIBLE FOR THE MAJOR PORTION OF ACTUAL PRUCHASING DONE BY THE FEDERAL GOVERNMENT; THE GOVERNMENT PRINTING OFFICE, WHICH FIXES THE SPECIFICATIONS FOR ALL PRINTING AND WRITING PAPERS USED BY THE GOVERNMENT; THE ENVIRONMENTAL PROTECTION AGENCY, WHICH HAS THE RESPONSIBILITY FOR ESTABLISHING GUIDELINES FOR THE PURCHASING AGENCIES TO USE IN CARRYING OUT THEIR RESPONSIBILITIES UNDER SECTION 6002; AND THE OFFICE OF FEDERAL PROCUREMENT POLICY, WHICH IS CHARGED WITH THE RESPONSIBILITY OF CO-ORDINATING FEDERAL ACTION TO COMPLY WITH SECTION 6002. AS OF TODAY'S DATE, NONE OF THESE AGENCIES HAS EFFECTIVELY CARRIED OUT ITS RESPONSIBILITIES UNDER SECTION 6002, AND GSA, DOD, AND GPO ARE IN DIRECT VIOLATION OF THE SPECIFIC TIME SCHEDULES SET FORTH IN THE LAW FOR REVISING SPECIFICATIONS AND BEGINNING TO PURCHASE RECYCLED PRODUCTS. I WILL REVIEW THE RECORDS OF EACH AGENCY IN TURN.

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FIRST, AS TO THE GOVERNMENT PRINTING OFFICE. GPO'S POLICY OF NON-COMPLIANCE WITH SECTION 6002 IS PERHAPS THE CLEAREST TO SEE, BECAUSE GPO HAS TAKEN THE TROUBLE TO WRITE IS DOWN. TO OUR KNOWLEDGE, THE MOST RECENT REVISION OF THE FEDERAL GOVERNMENT'S PAPER SPECIFICATION STANDARDS WAS ISSUED IN APRIL, 1977 BY THE JOINT COMMITTEE ON PRINTING, WHICH OVERSEES THE OPERATIONS OF GPO. THESE SPECIFICATIONS DID NOT CONTAIN ANY REQUIREMENT THAT RECLAIMED FIBER BE INCLUDED IN THE VARIOUS PAPERS COVERED BY THE SPECIFICATIONS, AND THIS OMISSION WAS NOT ACCIDENTAL. UPON THE RECOMMENDATION OF GPO STAFF, THE JOINT COMMITTEE STATED IN ISSUING THESE SPECIFICATIONS THAT "NO PROJECT TO ESTABLISH RECLAIMED MATERIAL PERCENTAGES IN THESE STANDARDS IS DEEMED NECESSARY OR IS CURRENTLY ENVISIONED". IN OTHER WORDS, WHILE SECTION 6002 MANDATES THAT FEDERAL PRODUCT SPECIFICATIONS CONTAIN THE MAXIMUM PERCENTAGE OF RECLAIMED MATERIALS PRACTICABLE, GPO DOES NOT INTEND TO COMPLY WITH THE LAW. NO CLEARER EXAMPLE OF A DELIBERATE FLOUTING OF CONGRESSIONAL INTENT COULD BE IMAGINED.

THIS ACTION IS, I MAY SAY, CONSISTENT WITH GPO'S ACTIONS IN PRIOR

YEARS WITH RESPECT TO THE USE OF RECYCLED PAPER.

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BOTH BEFORE AND AFTER PASSAGE OF RCRA, GPO HAS TAKEN NO STEPS

WHATSOEVER TO ENCOURAGE SUCH USE, AND IN FACT HAS DISCOURAGED

OTHERS FROM DOING SO AS WELL. WHY GPO HAD A VESTED INTEREST

IN THE USE OF VIRGIN PAPER IS DIFFICULT TO SAY, BUT IT SEEMS

CLEAR FROM ITS ACTIONS THAT IT BELIEVES THAT IS DOES. IN VIEW OF

GPO'S INTENTIONAL NON-COMPLIANCE WITH RCRA, THE QUESTION MIGHT ARISE

IN THE MINDS OF SUBCOMMITTEE MEMBERS WHETHER IT IS CONGRESS OR

GPO THAT MAKES THE LAWS.

THE SITUATION WITH RESPECT TO THE GENERAL SERVICES ADMINISTRATION IS LESS CUT AND DRIED THAN WITH GPO, BUT THERE IS STILL QUITE OBVIOUS NON-COMPLIANCE WITH SECTION 6002. SO FAR, GSA'S MAIN ACTION IS IMPLEMENTING RCRA HAS BEEN TO WITHDRAW CERTAIN PAPER PRODUCT SPECIFICATIONS WHICH IT HAD BEEN USING SINCE APPROXIMATELY 1971. THESE SPECIFICATIONS SET FORTH SPECIFIC REQUIREMENTS FOR VARIOUS TYPES OF WASTE CONTENT IN THESE PRODUCTS. THE BASIC DIVISION WAS BETWEEN POST-CONSUMER WASTE (MEANING THAT WHICH RESULTS WHEN A PRODUCT IS USED AND THROWN AWAY), AND MANURACTURING WASTES (THE WASTES WHICH ARE GENERATED DURING THE MANURACTURING PROCESS ITSELF, PRIOR TO THE USE OF THE PRODUCT).

THE SIGNIFICANCE OF THIS DISTINCTION IS THAT MOST MANUFACTURING WASTES ARE ALREADY BEING RE-USED, BECAUSE THEY ARE EASILY COLLECTED, UNIFORM IN QUALITY AND FREE OF CONTAMINANTS. (ENVELOP CLIPPINGS ARE A GOOD EXAMPLE.) POST-CONSUMER WASTE, ON THE OTHER HAND, IS LARGELY NOT BEING REUSED TODAY: IT MAKES UP THE BULK OF THE SOLID WASTE CRISIS WHICH RCRA WAS SUPPOSED TO HELP SOLVE.

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SINCE POST-CONSUMER WASTE IS THE HEART OF THE PROBLEM, ONE MIGHT HAVE THOUGHT THAT IN RESPONSE TO RCRA, GSA WOULD HAVE ACTED TO STRENGTH ITS DUAL REQUIREMENT OF POST-CONSUMER AND MANUFACTURING WASTE CONTENT IN ITS PRODUCTS, SO AS TO ASSIST IN MEETING RCRA'S GOALS OF ELIMINATING THE "RISING TIDE OF WASTE IN THIS COUNTRY." SURPROSEINGLY, HOWEVER, GSA TOOK EXACTLY THE REVERSE STEP: IT ELIMINATED ANY DISTINCTION BETWEEN POST-CONSUMER AND MANUFACTURING WASTES IN ITS PAPER PRODUCTS. WHAT THIS MEANS IS THAT A MANUFACTURER CAN SATISFY GSA'S PRESENT WASTE REQUIREMENTS BY USING SOLELY MANUFACTURING WASTES AND NO POST-CONSUMER WASTES, A CLEAR BACKWARD STEP AS COMPARED TO THE SITUATION BEFORE SECTION 6002 BECAME LAW. THIS BIZARRE RESULT IS REQUIRED ACCORDING TO GSA, BY THE DEFINITION OF "SOLID WASTE" IN RCRA. WE HAVE, HOWEVER, CAREFULLY REVIEWED THE ACT AND FIND GSA'S INTERPRETATION INCOMPREHENSIBLE, TOTALLY INCONSISTENT WITH RCRA'S CLEARLY EXPRESSED INTENT AND IN NO WAY REQUIRED BY ITS WORDS.

BEYOND ITS RETROGRESSION IN THE AREA OF PAPER PRODUCTS, GSA HAS NOT TO OUR KNOWLEDGE REVISED ANY OF ITS OTHER PRODUCT SPECIFICATIONS TO REQUIRE ANY PERCENTAGES OF RECLAIMED OR RECYCLED MATERIALS.

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IT HAS, HOWEVER, REQUESTED ITS SUPPLIERS TO STATE WHAT PERCENTAGES OF RECLAIMED MATERIAL THEY COULD PROVIDE IN THEIR PRODUCTS, AND WHAT PERCENTAGES OF RECLAIMED MATERIALS THEY ARE PRESENTLY SUPPLYING. THIS APPROACH, WHICH IS OF COURSE PURELY VOLUNTARY AND HIGHLY SELECTIVE, BASED SOLELY ON THE PRESENT SUPPLIERS TO GSA, SEEMS DESTINED MERELY TO MAINTAIN THE STATUS QUO. WE SUSPECT THAT ALL GSA INTENDS TO DO IS SEE WHAT PERCENTAGES OF RECLAIMED MATERIAL ARE PRESENTLY BEING SUPPLIED, IF ANY, AND MAKE THOSE LOW PERCENTAGES THE MAXIMUMS THAT ARE REQUIRED. WE CAN ONLY CHARACTERIZE GSA'S ACTIONS AS A WEAK-MINDED AND INEFFECTUAL RESPONSE TOTHE VITAL PROBLEM THAT SECTION 6002 WAS INTENDED TO ADDRESS.

INSOFAR AS THE DEPARTMENT OF DEFENSE IS CONCERNED, IT AGAIN APPEARS THAT VERY LITTLE IF ANY PROGRESS HAS BEEN MADE. DOD HAS, WE UNDERSTAND, ONLY REVIEWED APPROXIMATELY 20% OF ALL ITS PRODUCT SPECIFICATIONS, IN SPITE OF THE APRIL 21, 1978 DEADLINE FOR REVIEW OF ALL SPECIFICATIONS. MOREOVER, DURING THE COURSE OF THIS REVIEW THE ONLY THING THAT IS HAPPENING IS THE ELIMINATION OF ANY REQUIREMENT THAT RECLAIMED MATERIAL BE EXCLUDED. IN SPITE OF THE CLEAR REQUIREMENT OF SECTION 6002, NO MANDATORY PERCENTAGES FOR RECLAIMED MATERIAL CONTENT ARE BEING ADDED TO THESE SPECIFICATIONS.

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NEEDLESS TO SAY, ANY PURCHASE BY THE DEPARTMENT OF DEFENSE OF ANY RECYCLED PRODUCTS, AS OF NOW, IS PURELY ACCIDENTAL. ONCE AGAIN, SECTION 6002 AND THE GRESSIONAL INTENT EMBODIED WITHIN IT ARE BEING ALMOST ENTIRELY IGNORED.

THE ENVIRONMENTAL PROTECTION AGENCY DOES NOT HAVE ANY STATUTORY OBLIGATION TO PROMULGATE OR REVISE SPECIFICATIONS UNDER SECTION 6002 NOR DOES IT HAVE ANY DIRECT PURCHASE RESPONSIBILITIES WHICH ARE COVERED BY SECTION 6002. IT DOES, HOWEVER, HAVE THE OBLIGATION TO ISSUE GUIDELINES TO ASSIST OTHER AGENCIES IN THEIR OBSERVANCE OF THE REQUIREMENTS OF SECTION 6002.

UNFORTUNATELY, EPA CANNOT BE SAID TO HAVE TAKEN ITS RESPONSIBILITIES

SERIOUSLY UNDER SECTION 6002. THE RESOURCES IT HAS DEVOTED TO THE

FULFILLMENT OF ITS OBLIGATIONS ARE INADEQUATE TO THE TASK, AND THE

POLICIES IT HAS ADOPTED IN CARRYING OUT ITS RESPONSIBILITIES ARE

TIMID AND INEFFECTUAL. THUS FAR, EPA HAS NOT ISSUED ANY GUIDELINES

FOR ANY PRODUCT WHATSOEVER AND IT IS PLANNING TO ISSUE GUIDELINES

IN ONLY FOUR PRODUCT AREAS AT THE PRESENT TIME. THE PRODUCTS

THAT ARE TO BE COVERED BY THE PRESENTLY PROPOSED GUIDELINES ARE:

(1) FLY ASH; (2) PAPER PRODUCTS; (3) COMPOSTED SEWAGE SLUDGE; AND

(4) CONSTRUCTION MATERIALS.

ACCORDING TO DISCUSSIONS WITH EPA STAFF, WE UNDERSTAND THAT THE PROPOSED GUIDELINES ON USE OF FLY ASH MAY BE PUBLISHED IN THE FEDERAL REGISTER IN APPROXIMATELY SIX MONTHS, THE PROPOSED GUIDELINES ON PAPER PRODUCTS MAY BE PUBLISHED IN THE FEDERAL REGISTER IN APPROXIMATELY NINE MONTHS, AND THE PROPOSED DATES FOR PUBLICATION OF THE GUIDELINES FOR COMPOSTED SEWAGE SLUDGE AND CONSTRFUCTION MATERIALS ARE NOT CERTAIN AT THIS TIME.

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EPA'S REASON FOR STOPPING AFTER FOUR PRODUCTS, EVEN THOUGH THE GOVERNMENT'S PURCHASES COVER MANY THOUSANDS OF DIFFERENT KINDS OF PRODUCTS, IS NOT OBVIOUS IN LIGHT OF THEIR BROAD OBLIGATIONS UNDER THE ACT. TO US, AS OUTSIDE OBSERVERS, IT WOULD APPEAR THAT THEIR ACTION STEMS FROM FIRST, INADEQUATE RESOURCES BEING DEVOTED TO THE TASK OF PREPARING GUIDELINES, AS COMPARED WITH EPA'S OTHER OBLIGATIONS, AND SECOND, A RECOGNITION THAT SOME OF THESE GUIDELINES MAY BE CONTROVERSIAL. EPA IS, IN OTHER WORDS, APPARENTLY AFRAID TO GET INTO A FIGHT WITH OTHER AGENCIES OVER SECTION 6002. WHETHER THESE FACTORS JUSTIFY A FAILURE BY EPA TO CARRY OUT CONGRESS'S DIRECTIVES IN SECTION 6002, I LEAVE IT TO THIS SUBCOMMITTEE TO DECIDE.

SINCE NO GUIDELINES HAVE YET BEEN PUBLISHED BY EPA, IT BECOMES DIFFICULT TO COMMENT WITH CONFIDENCE ON WHAT THEY WILL CONTAIN WHEN THEY ARE PUBLISHED.

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HOWEVER, WE BELIEVE THERE IS REASON FOR DEEP CONCERN ON THIS ISSUE, BASED UPON OUR DISCUSSIONS WITH EPA STAFF AND REVIEW OF DRAFT REPORTS ON POSSIBLE GUIDELINES WHICH HAVE BEEN MADE AVAILABLE TO US. OF PARTICULAR CONCERN IS THE FACT THAT EPA APPEARS TO BE ACCEPTING GSA'S POSITION WITH RESPECT TO THE DEFINITION OF WASTE TO BE INCLUDED IN PAPER PRODUCTS. AS ALREADY NOTED, GSA HAS REVERTED FROM A TWO-STEP DEFINITION, WHICH DIFFERENTIATES BETWEEN POST-CONSUMER WASTE AND MANUFACTURING WASTE, IN ORDER TO PROMOTE GREATER USE OF POST-CONSUMER WASTE, TO A SINGLE DEFINITION, IN WHICH BOTH MANUFACTURING AND POST-CONSUMER WASTES ARE COMBINED.

WE HAD HOPED THAT EVEN IF GSA ADOPTED THIS UNFORTUNATE POSITION, EPA WOULD AT LEAST RESIST IT, SO THAT THIS COUNTRY'S NEED FOR GREATER REUSE OF POST-CONSUMER WASTE MIGHT BE CHAMPIONED BY AT LEAST ONE FEDERAL AGENCY. OUR HOPES WERE APPARENTLY IN VAIN.

EPA ALSO APPEARS TO BE TAKING AN UNFORTUNATE POSITION WITH RESPECT TO REPORTING. IT IS VITAL, BOTH FOR THE CONGRESS AND THE GENERAL PUBLIC, TO KNOW THE PRECISE EFFECTS OF ANY CHANGE IN PRODUCT SPECIFICATIONS AND PURCHASING SO AS TO DETERMINE WHETHER SECTION 6002 IS BEING PROPERLY IMPLEMENTED. IF THE EFFECT OF ALL FEDERAL ACTIONS TO DATE IS MERELY TO MAINTAIN THE STATUS QUO, AS I SUSPECT, THEN THE NEED FOR EFFECTIVE REMEDIAL ACTION WILL BE OBVIOUS.

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THUS AN IMPORTANT PART OF ANY GUIDELINE EPA MIGHT ISSUE WOULD BE A REQUIREMENT THAT DATA BE COLLECTED ON PRODUCTS PURCHASED, AND THEIR WASTE MATERIAL CONTENT, BOTH BEFORE AND AFTER IMPLEMENTATION OF SECTION 6002.

HOWEVER, EPA IS NOT PLANNING, WE UNDERSTAND, TO INCLUDE IN ITS PRODUCT GUIDELINES ANY DATA COLLECTION OR REPORTING REQUIREMENTS WHATSOEVER. BOTH THE CONGRESS AND THE GENERAL PUBLIC WILL THUS BE LEFT IN THE DARK, IF EPA HAS ITS WAY, AS TO WHAT QUANTITIES OF RECYCLED PRODUCTS ARE BEING PURCHASED, WHAT TYPES OF WASTE ARE BEING RECYCLED, AND HOW THAT SITUATION COMPARES WITH THE SITUATION BEFORE SECTION 6002 BECAME LAW. AGAIN, THE REASONS FOR EPA'S POSITION WITH RESPECT TO REPORTING ARE NOT CLEAR; PERHAPS THEY STEM FROM TIMIDITY, OR PERHAPS FROM AN ATTEMPT TO CONCEAL THE FACT THAT NOTHING IS REALLY GOING ON.

SOME OF THE SLACK IN THIS AREA COULD CONCEIVABLE BE TAKEN UP BY THE OFFICE OF FEDERAL PROCUREMENT POLICY, THE FIFTH FEDERAL AGENCY INVOLVED IN IMPLEMENTING SECTION 6002, WHICH MIGHT REQUIRE SUBMISSION OF INFORMATION ON PURCHASE OF RECYCLED PRODUCTS BY THE VARIOUS FEDERAL AGENCIES, AS WELL AS MAKE RECOMMENDATIONS FOR CHANGES IN THE DIFFERENT AGENCIES' PROCUREMENT PROGRAMS. AGAIN, HOWEVER, IT WOULD APPEAR THAT NOT ENOUGH ACTION IS BEING TAKEN. OFPP DOES EACH YEAR COLLECT REPORTS FROM THE VARIOUS AGENCIES CONCERNING THEIR PURCHASE OF RECYCLED PRODUCTS, BUT IT IS NOT ATTEMPTING STRONGLY ENOUGH TO INCREASE THE INADEQUATE INFORMATION WHICH IS CONTAINED IN THESE REPORTS, NOR DOES IT APPEAR TO BE RECOMMENDING ANY INCREASE IN THE AMOUNT OF ATTENTION THE VARIOUS PROCUREMENT AGENCIES ARE DEVOTING TO PURCHASING RECYCLED PRODUCTS AND REVISING THEIR PRODUCT SPECIFICATIONS.

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IN SUM, WE AT THE COALITION THINK IT IS FAIR TO SAY THAT THE FEDERAL GOVERNMENT'S RECORD OF IMPLEMENTATION OF SECTION 6002 OF RCRA IS DISMAL. WE BELIEVE THAT THIS SUBCOMMITTEE SHOULD, IN FACT, HOLD SEPARATE OVERSIGHT HEARINGS ON SECTION 6002, SO THAT EACH OF THE AGENCIES INVOLVED CAN BE CALLED IN TO JUSTIFY ITS ACTION (OR INACTION) IN THIS AREA TO DATE. UNLESS YOU ACT IN THIS WAY, IT SEEMS ALL TOO LIKELY THAT A MAJOR OPPORTUNITY TO INCREASE RECYCLING, THEREBY SAVING ENERGY, PROTECTING THE ENVIRONMENT AND CREATING JOBS, WILL BE LOST. WE HOPE THAT THIS OPPORTUNITY WILL NOT BE MISSED, AND WE WILL MOST HAPPY TO WORK WITH YOU TO SEE THAT THIS IS SO.

WE THANK YOU FOR THIS OPPORTUNITY TO PRESENT THE FOREGOING INFORMATION ON THIS MATTER OF VITAL NATIONAL CONCERN.

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INSTITUTE FOR LOCAL SELF-RELIANCE TESTIMONY FOR HEARING ON REAUTHORIZATION OF RCRA 1976

RCRA 1976 WAS A MAJOR STEP FORWARD IN SOLID WASTE MANAGEMENT FOR THE COUNTRY. WE FEEL THAT RCRA FUNDING MUST BE REAUTHORIZED THIS YEAR. HOWEVER, WE FEEL THAT MORE ATTENTION MUST BE PAID TO RECYCLING AND WASTE REDUCTION IN ORDER TO OPTIMALLY SOLVE OUR SOLID WASTE MANAGEMENT CRISIS, CONSERVE ENERGY AND MATERIAL RESOURCES, AND INVOLVE COMMUNITY ECONOMIC DEVELOPMENT AGENCIES. IN A REPORT PREPARED FOR THE NATIONAL CREDIT OFFICE OF DUN AND BRADSTREET IT WAS DETERMINED THAT BY THE END OF THE CENTURY WASTE RECLAMATION WILL BECOME THE WORLDS BIGGEST INDUSTRY (WITH THE EXCEPTION OF AGRICULTURE). THAT'S A NICE THOUGHT BUT IT WON'T HAPPEN UNTIL THE U.S. SEES FIT TO PUT SOME TIME AND EFFORT INTO THE RECYCLING ARENA OR UNTIL THE U.S. FINALLY REALIZES THAT THE ONLY WAY TO REDUCE THEIR DEPENDENCE ON FORIEGN OIL AND OTHER PRODUCTS IS TO REUSE WHAT WE HAVE.

LARGE SCALE RESOURCE RECOVERY PROJECTS HAVE SHOWN A SPOTTY DEVELOPMENT RECORD TO DATE DESPITE MANY MILLIONS, PERHAPS OVER FIVE HUNDRED MILLION DOLLARS OF PUBLIC MONEY SPENT OVER THE LAST DECADE. THEY ARE EXPENSIVE, INFLEXIBLE AND PRODUCE RELATIVELY SMALL AMOUNTS OF NET ENERGY COMPARED TO THE RECYCLING OF THESE SAME RESOURCES. ALSO THEY PROVIDE ONLY ONE JOB FOR EVERY MILLION DOLLARS SPENT AS OPPOSED TO ONE JOB FOR EVERY FIFTEEN THOUSAND DOLLARS SPENT FOR SIMPLER TECHNOLOGICAL APPROACHES TO RESOURCE RECOVERY. SMALL SCALE RECYCLING IS NOT ONLY A POLLUTION FREE FORM OF SOLID WASTE DISPOSAL BUT IT CAN CREATE JOBS, CONSERVE ENERGY, CONSERVE LAND AND TREES, STIMULATE LOCAL ECONOMIC DEVELOPMENT AND TEACH OUR COUNTRY AN INVALUABLE LESSON OF RESPECT FOR OUR NATURAL RESOURCES.

RCRA WAS ESTABLISHED FOR THESE PURPOSES YET VERY LITTLE EFFORT HAS BEEN DEVOTED TO SOURCE SEPARATION OR LOW TECHNOLOGY WASTE UTILIZATION SO FAR. THE INSTITUTE RECIEVES THREE TO FIVE LETTERS A WEEK FROM CITY OFFICIALS AND CITIZEN ACTION GROUPS ASKING FOR INFORMATION ON HOW COMMUNITIES CAN START THEIR OWN RECYCLING PROGRAMS. THE PUBLIC IS AWARE OF THE RECYCLING POTENTIAL. IT IS NOW TIME FOR THE GOVERNMENT TO SUPPORT THE EFFORTS OF RECYCLERS ACROSS THE COUNTRY INCLUDING TWO HUNDRED AND SIXTEEN CITY PROGRAMS, THOUSANDS OF COMMUNITY BASED EFFORTS AND HUNDREDS OF PRIVATE ENTERPRISE RECYCLERS.

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RCRA HAS THE CAPABILITY TO BUILD THIS SUPPORT. FOR INSTANCE,R AT THE SUGGESTION OF THE INSTITUTE AND MANY COMMUNITY BASED RECYCLERS RCRA MANDATED TECHNICAL ASSISTANCE WILL NOT TRY TO INTEGRATE LOCAL AND COMMUNITY BASED PROFESSIONAL RECYCLERS IN THE FOUR MILLION DOLLAR PROGRAM. MORE CAN BE DONE.

SUPPORT IS NEEDED IN FOUR AREAS. FUNDING OF LOW TECHNOLOGY DEMONSTRATION PROJECTS, A NATIONAL RECYCLING COMMITTEE COMPOSED OF INTERAGENCY REPRESENTATIVES, AN INVESTMENT LOAN FUND AND A TECHNICAL MAGAZINE. PRESENTLY THERE ARE VERY FEW COORDINATED OUTLETS FOR FUNDING OF COMPLREHENSIVE RECYCLING PROJECTS. ACROSS THE COUNTRY PRIVATE ENTRPRENEURS ARE DEVELOPING SOURCE SEPARATION AND REMANUFACTURING SYSTEMS THAT ARE PROFITABLE. RECYCLING ENTERPRISES, INC. OF OXFORD, MASSACHUSETTS HAS BEEN COLLECTING WASTE GLASS AND SELLING CRUSHED SORTED GLASS TO GLASS MANUFACTURERS AT A PROFIT. FAIRFIELD ENGINEERING CO. OF PENNSYLVANIA HAS BEEN COLLECTING THE ORGANIC WASTE FROM THE CITY OF ALTOONA TO MAKE INTO COMPOST AND SELL TO VARIOUS MARKETS. IN GRAND RAPIDS, MICHIGAN RESEARCHERS SHOWED THAT THE ATMOSPHERE ALREADY SUPPORTS RECYCLING AND A COMPREHENSIVE RECYCLING PROGRAM OF UP TO EIGHTY PER CENT OF THE WASTE STREAM IS POTENTIALLY POSSIBLE ON AN ECONOMICALLY VIABLE BASIS. THE LIST GOES ON. . .

SOCIETY HAS TO ACCEPT SIMPLE WASTE UTILIZATION TECHNOLOGIES AN PROCESSES AS AN ALTERNATIVE WASTE DISPOSAL METHOD AND SUCCESSFUL DEMONSTRATION PROJECTS ARE THE ONLY APPROPRIATE EDUCATIONAL TOOL. THEY REQUIRE A VERY SMALL CAPITAL INVESTMENT BUT AN INVESTMENT NONE THE LESS. TO DATE CITIES FOR THE MOST PART CAN ONLY ATTRACT FEDERAL MONEY BY ADOPTING NEW HIGH-TECHNOLOGY, CAPITAL-INTENSIVE SYSTEMS. RESEARCH IS NEEDED ON ALTERNATIVE SYSTEMS TO DETERMINE: ECONOMIES OF SCALE, BEST MANAGEMENT PRACTICES FOR CO-ORDINATING DECENTRALIZED AND CENTRALIZED RESOURCE RECOVERY PLANT COMPATABILITY AND COORDINATE MARKETING WITH INDUSTRY USERS, TO FIND CHEAPER MORE EFFICIENT MEANS OF PREPARING THE WASTE MATERIALS FOR RESALE AND TO STUDY RECYCLINGS IMPACT ON THE SOLID WASTE PROBLEM.

A NATIONAL RECYCLING COMMITTEE SHOULD BE FORMED TO FOCUS ATTENTION ON THE LACK OF A COORDINATED NATIONAL PROGRAM TO INCREASE THE RECYCLING OF WASTE MATERIALS AND DECREASE WASTEFUL CONSUMPTION, AND TO MAKE THE PUBLIC AWARE OF THE ENORMOUS SAVINGS THROUGH RECYCLING AND TO CAREFULLY PLAN FOR THE BURNING OF NON-RECYCLABLE RESIDUES IN APPROPRIATELY SCALED ENERGY RECOVERY PLANTS.

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FEDERAL RESOURCE RECOVERY POLICY MAKERS HAVE FOR THE MOST PART, SHOWN A CLOSE MINDED ATTITUDE TOWARD RECYCLERS. THEY SEE LARGE GARBAGE TO ENERGY PLANTS AS THE FUTURE SOLUTION TO THE SOLID WASTE PROGRAM. THEY DON'T SEE APPROPRIATE TECHNOLOGY AS A WORTHWHILE TOOL. A NATIONAL COMMITTEE IS A NEEDED VEHICLE TO TIE THE NATIONS RECYCLERS TOGETHER, TO COORDINATE A GROUP EFFORT SO THAT THE SCATTERED BUT NUMEROUS RECYCLERS CAN HAVE A SUBSTANTIAL IMPACT.

A NATIONAL JOURNAL IS PERHAPS THE MOST IMPORTANT TASK THAT RCRA COULD SUPPORT. INFORMATION DISSEMINATION IS CRITICAL IN TERMS OF DEVELOPING UP-TO-DATE RECYCLING PROGRAMS. A PROGRAM THAT IS WORKING WELL IN SEATTLE MIGHT WORK JUST AS WELL IN WARWICK, R.I. A NATIONAL JOURNAL WOULD SUFFICIENTLY REPORT ON THE SEATTLE PROGRAM SO THAT WARWICK MIGHT LEARN FROM AN ARTICLE RATHER THAN COSTLY EXPERIENCE AND TIME. MACHINERY USED FOR MOST RECYCLING OPERATIONS IS SIMPLE AND USUALLY PRODUCED BY THE RECYCLERS THEMSELVES OR A SMALL BUSINESS. THE ONLY WAY FOR THESE MACHINES TO GET PUBLICITY OR FOR RECYCLERS TO LEARN ABOUT THEM IS BY THIS TYPE OF PUBLICATION. THE TECHNICAL JOURNAL COULD ALSO SPONSOR A YEARLY NATIONAL RECYCLING CONFERENCE THROUGH THE FOUR ALREADY EXISTING STATE-WIDE PROFESSIONAL RECYCLING ASSOCIATIONS (CALIFORNIA, OREGON, WASHINGTON, COLORADO). THE JOURNAL COULD ALSO UNDERTAKE NEEDED RESEARCH BY FUNDING LOCAL RECYCLING AGENCIES. RECENTLY THE INSTITUTE STAFF COMPLETED A PRELIMINARY POLICY RESEARCH AGENDA WITH THE HELP OF COMMUNITY BASED, PRIVATE ENTERPRISE AND GOVERNMENT RECYCLING REXPERTS. BUT EXPERTS FROM AROUND THE NATION NEED FORUMS TO DEVELOPE COMPLETE AGENDAS.

WE ALSO SUGGEST THAT AN INVESTMENT LOAN FUND BE ESTABLISHED TO PROVIDE CAPITALIZATION FOR RECYCLING PROJECTS. IN CALIFORNIA A STATE PROGRAM WILL FUNNEL SEVERAL MILLION DOLLARS ANNUALLY TO RECYCLERS FOR JUST SUCH DEVELOPMENT. WASTE UTILIZATION ENTERPRISES (THOSE THAT USE RECYCLED MATERIALS AS A RAW MATERIAL) MUST ALSO BE ENCOURAGED THROUGH LOAN AND GRANT PROGRAMS. A NATIONAL FUNDING PROGRAM COULD BE COORDINATED BY AN INTERAGENCY ENTITY COMPOSED OF CURRENT RESOURCE CONSERVATION COMMITTEE MEMBERS.

THE NATION HAS BEEN MOVING MORE AND MORE IN THE DIRECTION OF RECYCLING. SOME OF THE MANY FACTORS CAUSING THIS INCLUDE:

1. RECYCLING CONSERVES THE NATION'S LAND AND NATURAL RESOURCES BY LESSENING THE NEED FORVIRGIN RESOURCES AND LANDFILL SPACE FOR DISPOSAL OF PAST-CONSUMER AND INDUSTRIAL WASTE.

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/1/ OFFICE OF RESEARCH AND MONITORING (EPA-R5-72003)

2. TRADITIONAL SOLID WASTE MANAGEMENT SYSTEMS ARE BECOMING MORE AND MORE COSTLY AS NEW LANDFILLS MUST BE LOCATED FURTHER FROM DENSELY POPULATED AREAS, WITH STRINGENT ENVIRONMENTAL POLLUTION CONTROLS.

3. THE SITING OF NEW LANDFILLS, INTERJURISDICTIONAL ARRANGEMENTS FOR THEIR USE AND FLOW CONTROL OF SOLID WASTE ARE CAUSING MAJOR POLITICAL AND LEGAL PROBLEMS IN MANY AREAS OF THE COUNTRY.

4. RECYCLING SAVES ENERGY IN THE MANUFACTURING OF CONSUMER AND INDUSTRIAL PRODUCTS WE CONSUME; REDUCES THE NATION'S NEED FOR IMPORTED MATERIALS; AND HELPS REDUCE INFLATION.

5.JOBS ARE CREATED BY UTILIZING WASTE AS A RESOURCE AND RECYCLING MATERIALS TO INDUSTRY. LOCAL ECONOMIC DEVELOPMENT IS STIMULATED BY NEW LOCAL INDUSTRIES RECEIVING THESE MATERIALS.

6. NEW INDUSTRIES HAVE OFFERED THE OPPORTUNITY FOR HYBRID CORPORATE STRUCTURES INVOLVING LOCAL DEVELOPMENT COMPANIES AND PRIVATE ENTERPRISE.

7. TRADITIONAL ENVIRONMENTALISTS AND COMMUNITY ACTIVISTS HAVE FOCUSED ON RECYCLING AS ONE AREA WHERE THE VALUES AND INTERESTS OF BOTH GROUPS ARE MUTUALLY SUPPORTED. SEVERAL LOCAL AND NATIONAL "CITY-CARE" CONFERENCES HAVE BROUGHT REPRESENTATIVES TOGETHER OVER THESE ISSUES.

8. RECYCLING HAS ENCOURAGED LOCAL DECISION-MAKING OVER SOLID WASTE MANAGEMENT AND ECONOMIC DEVELOPMENT ISSUES. MOST, IF NOT ALL, OF THE MUNICIPAL PROGRAMS STARTED SINCE 1968 WERE INITIATED BY CITIZEN ACTIVITY.

9. PEOPLE WANT TO AND LIKE TO RECYCLE. IN 1972, AN EPA SURVEY OF METROPOLITAN HOUSEWIVES' ATTITUDES TOWARD SOLID WASTE DISPOSAL REVEALED THAT: "VIRTUALLY ALL METROPOLITAN HOUSEWIVES (90%) EXPRESS WILLINGNESS TO SEPARATE THEIR TRASH TO FACILITATE RECYCLING. ABOUT HALF FEEL THAT SUCH SCTIVITY SHOULD BE MANDATORY RATHER THAN VOLUNTARY. WERE SEPARATION OF TRASH REQUIRED, HOWEVER HOUSEWIVES CLAIM THEY WOULD PREFER TO HAVE IT DONE AT THE HOUSEHOLD LEVEL RATHER THEN PAY EVEN A MINIMAL ($1 A YEAR) FEE TO THE MUNICIPALITY TO HAVE IT DONE FOR THEM" /1/ .

10. FEDERAL AND STATE PROGRAMS HAVE PROVIDED OVER $100 MILLION FOR URBAN WASTE TECHNOLOGY DEVELOPMENT OVER THE PAST DECADE. EPA WILL SPEND ANOTHER $45 MILLION IN ITS URBAN GRANTS PROGRAM OVER THE NEXT THREE YEARS FOR PLANNING. DOE WILL SPEND FROM $24-45 MILLION FOR IMPLEMENTATION OVER THE NEXT THREE YEARS. RCRA MAKES STATE, COUNTY-BY-COUNTY, SOURCE SEPARATION PLANNING MANDATORY IF FEDERAL FUNDS ARE BEING USED. THE ENERGY ACT OF 1978 PROVIDES A 10-20% TAX CREDIT FOR INVESTMENTS IN RECYCLING EQUIPMENT. THE STATE OF CALIFORNIA NOW HAS A $12 MILLION ANNUAL GRANTS/LOAN PROGRAM FOR RECYCLING ENTERPRISES.

RESOURCE CONSERVATION AND RECOVERY ACT AUTHORIZATION

HEARINGS BEFORE THE SUBCOMMITTEE ON TRANSPORTATION AND COMMERCE OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE

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DOE IS FORMALIZING A $300 MILLION LOAN GUARANTEE AND PRICE SUPPORT

PROGRAM FOR COMMERCIALIZING WASTE TECHNOLOGIES.

11. PRIVATE CORPORATIONS HAVE MADE MAJOR INVESTMENTS IN RECYCLING AND WASTE UTILIZATION FACILITIES, INCLUDING MULTI-MILLION DOLLAR PAPER MILLS, AND GLASS MANUFACTURING FACILITIES WHICH USE 100% RECYCLED MATERIALS. CORPORATIONS HAVE ALSO BEGUN COMMUNITY ORIENTED RECYCLING PROGRAMS.

BY USING THE RCRA MANDATE TO FOCUS MORE ON RECYCLING, WITHIN A FEW YEARS, WITH RELATIVELY SMALL INVESTMENTS THE NATION COULD REAP THE DIVIDENDS OF MORE JOBS, REDUCED FOREIGN DEPENDENCE ON OIL AND OF COURSE CHANGE AMERICAS' SOLID WASTE PROBLEM INTO A SOLID WASTE ASSET. IT HAS THE ABILITY TO FUND PROJECTS THAT NEIGHBORHOODS, CITIES AND PRIVATE ENTERPRISE CAN WORK TOGETHER ON AND LEARN FROM AND PROFIT FROM. IT HAS THE ABILITY TO OFFER A GOOD SOLUTION TO LANDFILLS AND IN MANY CASES INAPPROPRIATE CENTRALIZED RESOURCE RECOVERY PLANTS.

(WHEREUPON, AT 12:25 P.M., THE SUBCOMMITTEE ADJOURNED.)

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PRINTED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY.

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AN ACT

TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE FOR THE DEVELOPMENT OF MANAGEMENT PLANS AND FACILITIES FOR THE RECOVERY OF ENERGY AND OTHER RESOURCES FROM DISCARDED MATERIALS AND FOR THE SAFE DISPOSAL OF DISCARDED MATERIALS, AND TO REGULATE THE MANAGEMENT OF HAZARDOUS WASTE. OCT 21, 1976 (S. 2150)

BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED, RESOURCE CONSERVATION AND RECOVERY ACT OF 1976.

SHORT TITLE

SECTION 1. THIS ACT MAY BE CITED AS THE "RESOURCE CONSERVATION AND RECOVERY ACT OF 1976). 42 USC 6901 NOTE.

AMENDMENT OF SOLID WASTE DISPOSAL ACT

SEC. 2. THE SOLID WASTE DISPOSAL ACT (42 USC 3251 AND FOLLOWING)

IS AMENDED TO READ AS FOLLOWS:

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

"SEC. 10-1. THIS TITLE (HEREINAFTER IN THIS TITLE REFERRED TO AS 'THIS 42 USC 6901 ACT'), TOGETHER WITH THE FOLLOWING TABLE OF CONTENTS, MAY BE CITED AS THE 'SOLID WASTE DISPOSAL ACT':

TABLE OF CONTENTS OMITTED.

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42 USC 6901 "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 PURCHASER OF SUCH PRODUCTS;

"(2) THAT THE ECONOMIC AND POPULATION GROWTH OF OUR NATION AND THEIMPROVEMENTS 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 THEPROVISION OF HIGHWAYS AND OTHER AVENUES OF TRANSPORTATION, WHICH, TOGETHER WITH RELATED INDUSTRIAL, COMMERCIA, AND AGRICULTURAL OPERATIONS, HAVE RESTULED IN A RISING TIDE OF SCRAP,DISCAFDED, AND WASTE MATERIALS;

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"(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 THEINDUSTRIAL, COMMERCIAL, DOMESTIC, AND OTHER ACTIVITIES CARRIED ON IN SUCH AREAS;

"(4) THAT WHILE THE COLLECTION AND DISPOSAL OF SOLID WASTE SHOULD CONTINUE TO BE PRIMARILY THEFUNCTION 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 APPLICATIONOF 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. --THECONGRESS 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 CAREFULPLANNING AND MANAGEMENT CAN PRESENT A DANGER TO HUMAN HEALTH AND THE ENVIRONMENT;

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

"(4) OPENDUMPING IS PARTICULARLY HARMFUL TO HEALTH, CONTAMINATES DRINKING WATER FROM UNDERGROUND AND SURFACE SUPPLIES, ANDPOLLUTED THE AIR AND THELAND;

"(5) HAZARDOUS WASTE PRESENTES, IN ADDITION TO THEPROBLEMS 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 THECITIES IN THE UNITED STATES WILL BE RUNNING OUT OF SUITABLE SOLID WASTE DISPOSAL SITES WITHIN FIVE YERAS UNLESS IMMEDIATE ACTION IS TAKEN;

"(C) MATERIALS. -- THECONGRESS 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) THERECOVERY AND CONSERVATION OF SUCH MATERIALS CAN REDUCE THE DEPENDENCE OF THE UNITED STATES ON FOREIGN RESOURCES AND REDUCE THEDEFICIT IN ITS BALANCE OF PAYMENTS.

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

"(1) SOLID WASTEREPRESENTS 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 REUDCE OUR DEPENDENCE

ON SUCH SOURCES AS PETROLEUM PRODUCTS, NATURAL GAS, NUCLEAR AND

HYDROELECTRIC GENERATION; AND

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

"OBJECTIVES

42 USC 6902 "SEC. 1003. THE OBJECTIVES OF THIS ACT ARE TO PROMOTE THE PROTECTION OF HEALTH AND THE ENVIRONMENT TO 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 DISPOSALOF 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 THELAND AND REQUIRING THE CONVERSION OF EXISTING OPEN DUMPS TO FACILITIES WHICH DO NOT POSE A DANGER TO THE ENVIRONMENT OR TO HEALTH

"(4) REGULATING THE -REATMENT, STORAGE, TRANSPOR-ATION, AND DISPOSAL OF HAZARDOUS WASTES WHICH HAVE ADVERSE EFFECTS ON HEALTH AND THEENVIRONMENT;

"(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 ENVRIONMENTALLY SAFE DISPOSAL OF NONRECOVERABLE RESIDUES;

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

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

"DEFINITIONS

42USC 6903 "SEC. 1004. AS USED IN THIS ACT:

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

"(2) THETERM '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 INTERSTS THEREIN, OR THE ACQUISITION, REPLACEMENT, EXPANSION, REMODELING,ALTERATION, MODERNIZATION, OR EXTENSION OF EXISTING STRCTURES, AND (B) THE ACQUISITION AND INSTALLATION OF INITIAL EQUIPMENT OF, OR REQUIRED IN CONNECTION WITH,NEW OR NEWLY ACQUIRED SCTRUCTURES OR THE EXPANDED, REMODELED, ALTERED, MODERNIZED OR EXTENDED PART OF EXISTING STRUCTURES (INCLUDING TRUCKS AND OTHER MOTOR VEHICLES, AND TRACTORS, CRANES, AND OTHER MACHINERY) NECESSARY FOR THEPROPER UTILIZATION AND OPEFATION OF THEFACILITY AFTER COMPLETION OF THEPROJECT; 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 THECARRYING OUT OF THEPROJECT, AND (C) THE INSPECTION AND SUPERVISION OF THE PROCESS OF CARRYING OUT THE PROJECT TO COMPLETION.

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"(2A) THETERM '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 EFFECTIV ENESS.

"(3) THE TERM 'DISPOSAL' MEANS THEDISCHARGE, 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 THEROF MAY ENTER THE ENVIRONMENT OR BE EMITTED INTO THE AIF OR DISCHARGED INTO ANY WATERS, INCLUDING GROUND WATERS.

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

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

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

"(B) POSE A SUBSTANTIAL PRSENT OR POTENTIAL HAZARD TO HUMAN HEALTH OF 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. POST, P. 2813.

"(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 AGENCYOF TWO OR MORE MUNICIPALITIES IN DIFFERENTSTATES, OR AN AGENCY ESTABLISHED BY TWO OR MORE STATES, WITH AUTHORITY TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTES AND SERVING TWO RO MORE MUNCIPILATIES 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 ASSURETHE VIABILITY OF A RESOURCE RECOVERY FACITLITY (TO THE EXTENT THAT SUCH VIBILITY DEPENDS UPON SOLID WAST 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 THEPLANNING 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 THESUBJECT OF ANY PURCHASE, BARTER, OR OTHER EXCHANGE MADE TO PROCURE SUCH ITEM.

"(17) THE TERM 'PROCURING AGENCY' MEANS ANY FEDERAL AGENCY, OR 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 OVEFALL 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.

POST, P. 2816"(25) THE TERM 'REGIOAL AUTHORITY' MEANS THE AUTHORITY ESTABLISHED OR DESIGNATED UNDER SECTION 4006.

"(26) THE TERM 'SANITARY LANDFILL' MEANS A FACILITY FOR THE DISPOSAL OF SOLID WASTE WHICH MEETS THE CRITERIA PUBLISHED UNDER SECTION 4004.

"(26A) THE TERM 'SLUDGE' MEANS ANY SOLID, SEMISOLID OR LIQUID WASTE GENERATED FROM A MUNICIPAL,COMMERCIAL, OR INDUSTRIAL 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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"(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 RSULTING FROM INDUSTRIAL, COMMERCIAL, MINING, AND AGRICULTURAL OPERATIONS, AND FROM COMMUNITY ACTIVITIES, BUT DOES NOT INCLUE SOIL 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, SPECIALNUCLEAR, OR BYPRODUCT MATERIAL AS DEFINED BY THE ATOMIC ENERGY ACT OF 1954, AS AMENDED (68 STAT. 923). 33 USC 1342. 42 USC 2011 NOTE.

"(28) THE TERM 'SOLID WASTE MANAGMENT' MEANS THE SYTEMATIC 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

"(B) ANY SYSTEM, PROGRAM, OR FACILITY FOR RESOURCE CONSERVATION, AND

"(C) ANY FACILITY FOR THE COLLECTION,SOURCE SEPARATION, STORAGE, TRANSPORTATION, TRANSFER, PROCESSING, TREATMENT OR DISPOSAL OF SOLID WASTE, 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 MANAGEMENTRESPECTING RESOURCE RECOVERY AND RESOURCE CONSERVATION.

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

"(32) THE TERM 'STATE AUTHORITY' MEANS THE AGENCY ESTABLISHED OR DESIGNATED UNDER SECTIN 4007. POST P. 2817.

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

"(34) THE TERM 'TREATMENT', WHEN USED IN CONNECTION WITH HAZARDOUS WASTE, MEAN ANY METHOD, TEHCNIQUE, OR PROCESS, INCLUDING NEUTRALIZATION, DESIGNED TO CHANGE THEPHYSICAL, 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 TRANPORT, AMENABLE FOR RECOVERY, AMENABLE FOR STORAGE, OR REDUCED I N VOLUME. SUCH TERM INCLUDES ANY ACTIVITY OR PROCESSING DESIGNED TO CHANGE THEPHYSICAL 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 OR RAW MATERIALS.

"GOVERNMENTAL COOPERATION

"SEC. 1005. (A) INTERSTATE COOPERATION. -- THE PROVISIONS OF THIS ACT TO BE CARRIED OUT BY STATES MAY BE CARRIED OUT BY INTERSTATE GENCIES AND PROVISIONS APPLICABLE TO STATES MAY APPLY TO INTERSTATE REGIONS WHERE SUUCH AGENCIES AND REGIONS HAVE BEEN ESTABLISHED BY THE RESPECTIVE . . . 42 USC 6904.

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. . . "(B) ACTION BY ADMINISTRATOR. -- THE ADMINISTRATOR SHALL

"(1) ACT WITHINNINETY DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT

"(A) TO DEFINE THE TERM "KNOWNFINANCIAL INTEREST' FOR PURPOSES OF SUBSECTION () OF THIS SECTION;AND

"(B) TO ESTABLISH THE METHODS BY WHICH THE REQUIREMENT TO FILEWRITTEN 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 PROVISION FOR THEFILING BY SUCH OFFICERS AND EMPLOYEES OF SUCH STATEMENTS AND THE REVIEW BY THE ADMINISTRATOR OF SUCH STATEMENTS; AND

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

"(C) EXEMPTION. -- INTHE RULES PRESCRIBED UNDER SUBSECTIN (B) OF THIS SECTION,THE ADMINISTRAOTRMAY IDENTIFY SPECIFIC POSTIONS WITHIN THE ENVIRONMENTALPROTECTIONAGENCY WHICH ARE OF A NONPOLICY-MAKING NATURE AND PROVIDE THAT OFFICERS OR EMPLOYEES OCCUPYING SUCH POSITIONS SHALL BE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION.

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

"SOLID WASTE MANAGEMENT INFORMATION AND GUIDELINES

"SEC.1008. () GUIDELINES. -- WITHIN ONE YEAR OF ENACTMENT OF THIS SECTION, AND FROM TIME TO TIME THEREAFTER, THE ADMINISTRAOTR 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 -- 42 USC 6907.

"(1) PROVIDE A TECHNICAL AND ECONOMIC DESCRIPTION OF THE LEV EL 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 THANTWO 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 GROND WATERS AND SURFACE WATERS FROM LEACHATES; (C) PROTECTION OF THEUALITY OF SURFACE WATERS FROM RUNOFF THROUGH COMPLIANCE WITH EFFLUENT LIMITATIONS UNDER THEFEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED; (D) PROTECTION OF AMBIENT AIR QUALITY THROUGH COMPLIANCE WITH NEW SOURCE PERFORMANCE STNDARDS OR REQUIREMENTS OF AIR QUALITY IMPLEMENTATION PLANS UNDER THE CLEAN AIR ACT, AS AMENDED; (E) DISEASE AND VECTOR CONTROL; (F) SAFETY; AND (G) ESTHETICS; AND 33 USC 1251 NOTE.

"(3) PROVIDE MINIMUM CRITERIA TO BE USED BY THE STATES TO DEFINE THOSE SOLID WASTE MANAGEMENT PRACTICES WHICH CONSTITUTE THEOPEN DUMPING OF SOLID WASTE OR HAZARDOUS AND ARE TO BE PROHIBITED UNDER SUBTITLE D OF THIS ACT. MINIMUM CRITERIA OF MANAGEMENT PRACTICES.

WHERE APPROPRIATE, SUCH SUGGESTED GUIDELINES ALSO SHALL INCLUDE MINIMUM INFORMATION FOR SE IN DECIDING THE ADEQUATE LOCATION,DESIGN, AND CONSTRUFTION OF FACILITIES ASSOCIATED WITH SOLID WASTE MANAGEMENT PRACTICES, INCLUDING THE CONSIDERATION OF REGIONAL, GEOGRAPHIC, DEMONGRAPHIC, AND CLIMATIC FACTORS.

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NOTIFICATION TO CONGRESSIONAL COMMITTEES.

"(B) NOTICE. -- THE ADMINISTRAOTR SHALLNOTIFY THE COMMITTEE ON PUBLIC WORKS OF THE SENATE AND THE COMMITTEE ON INTERSTAE AND FOREIGN COMMERCE OF THE HOUSE OF REPRESENTATIVES A REASONABLE TIME BEFORE PUBLISHING ANY SUGGESTED GUIDELINES OR PROPOSED REGULATIONS UNDER THIS ACT, OF THE CONTENT OF SUCH PROPOSED SUGGESTED GUIDELINES OR PROPOSED REGULATIONS UNDER THIS ACT.

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

ESTABLISHMENT 42 USC 6911 "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 RESPONSIBLITIES (OTHER THAN DUTIES AND AND RESPONSIBILITIES RELATING TO RESERACH AND DEVELOPMENT) OF THE ADMINISTRATOR UNDER THIS ACT (AS MODIFIED BY APPLICABLE REORGANIZATION PLANS) SHALL BE CARRIED OUT THROUGH THR OFFICE.

"AUTHORITES OF ADMINISTRATOR

42 USC 6912 "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 RESERACH,DEVELOPMENT,DEMONSTRATION PROJECTS, STUDIES, OR INVESTIGATIONS RELATING TO SOLID WASTE;

"(3) PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE TO S-ATES OR REGIONALAGENCIES 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 ADVISABLEF AND

"(5) UTILIZE THE INFORMATION, FACILITIES, PERSONNEL AND OTHER RESOURCES OF FEDERAL AGENCIES, INCLUDING THE NATIONAL BUREAU OF STAND-RDS AND THE NATIONAL BUREAU OF THE CENSUS, ON A REIMBURSABLE BASIS, TO PERFORM RESERACH 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.

"RESOURCE RECOVERY AND CONSERVATION PANELS

TECHNICAL ASSISTANCE BY PERSONNEL TEAMS. 42 USC 6913. "SEC. 2003. THE ADMINISTRAOTR SHALL PROVIDE TEAMS OF PERSONNEL, INCLUDING FEDERAL, STATE, AND LOCAL EMPLOYEES OR CONTRACTORS (HEREINAFTER REFERRED TO AS 'RESOURCE CONSERVATION AND RECOVERY PANELS') TO PROVIDE FEDERAL AGENCIES,STATES AND LOCAL GOVERNMENTS UPON REQUEST WITH TECHNIAL ASSISTANCE ON SOLID WASTE MANAGEMENT,RESOURCE RECOVERY, AND RESOURCE CONSERVATION.

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SUCH TEAMS SHALL INCLUDE TECHNICAL, MARKETING, FINANCIAL AND INSTITUTIONAL SPECIALISTS, AND THESERVICES OF SUCH TEAMS SHALL BE PROVIDED WITHOUT CHARGE TO STATES OR LOCAL GOVERNMENTS.

"GRANTS FOR DISCARDED TIRE DISPOSAL

"SEC. 2004.() 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 APPLICATN 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 PROVATE PURCHASER THE FIRST OPTION TO RECEIVE A GRANT, THE POLICY TO DEVELOP WIDESPRAD GEOGRAPHIC DISTRIBUTION OF TIRE SHREDDING FACILITIES, THE NEED FOR SUCH FACILITIES WITHIN A GEOGRAPHIC AREA, AND THE PROJECTED RISK AND VAIBILITY 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 NOT PRIVATE PURCHASERS INTERESTED IN MAKING AN APPLICATION BEFORE APPROVING A GRANT TO A PUBLIC BODY. ELIGIBLE APPLICANTS. 42 USC 6914.

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

"ANNUAL REPORT

"SEC.2005. THE ADMINISTRATOR SHALLTRANSMIT 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 FISCAAL YEAR. EACH SUCH REPORT SHALL INCLUDE -- 42 USC 6915.

"(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 THEEND OF SUCH FISCAL YEAR

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

"(4) RECOMMENDATIONS WITH RESPECT TO SUCH LEGISLATION WHICH THE ADMINISTRATOR DEEMS NECESSARY OR DESIRABLE TO ASSIST IN SOLVING PROBLEMS RESPETING 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.

"GENERAL AUTHORIZATIN

"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. 42 USC 6916.

"(B) RESOURCE RECO-ERY AND CONSERVATION PANELS. -- NOT LESS THAN 20 PERCENT OF THE AMOUNT APPROPRIATED UNDER SUBSECTIN (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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INFRA."(C) HAZARDOUS WASTE. -- NOT LESS THAN 30 PERCNET OF THE AMOUNT APPROPRIATED UDNER SU-BSECTION (A) SHALL BE USED ONLY FOR PURPOSES OF CARRYINGO UT SUBTITEL C OF THIS ACT (RELATING TO HAZARDOUS WASTE) OTHER THAN SECTION 3011.

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

42 USC 6921 "SEC. 3001.() CRITERIA FOR IDENTIFICATION OF LISTING.-- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF OF THE ENACTMENT OF THIS ACT, THE ADMINISTRATOR SHALL, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES, DEVELOP AND PROMULGATE CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE, AND FOR LISTING HAZARDOUS WASTE, WHICH SHOULD BE SUBJECT TO THE PROVISIONS OF THIS SUBTITLE, TAKING INTO ACCOUNT TOXICITY, PERSISTENCE, AND DEGRADABILITY IN NATURE, POTENTIAL FOR ACCUMULATION IN TISSUE, AND OTHER RELLATED FACTORS SUCH AS FLAMMABILITY, CORROSIVNESS, AND OTHER HAZARDOUS CHARACTERISTICS. SUCH CRITERIA SHALL BE REVISED FROM TIME TO TIMES AS MAY BE APPRIPRIATE.

REGULATIONS; ANTE, P. 2799. "(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 ADMINISTRAOTR, SHALL PROMULGATE REGULATIONS IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE, AND LISTING PARTICULAR HAZARDOUS WASTE S (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 SUBSECTIN (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 ACTUPON SUCH PETITION WITHINNINETY DAYS FOLLOWING HIS RECEIPT THEREOF AND SHALL NOTIFY THE GOVERNOR OF SUCH ACTION. IF THE ADMINISTRATOR DENIES SUCH PETITION BECAUSE OF FINANCIAL CONSIDERATIONS IN PROVIDING SUCH NOTICE TO THE GOVERNOR HE SHALL INCLUDE A STATEMENT CONCERNING SUCH CONSIDERATIONS.

"STANDARDS APPLICABLE TO GENERATOR OF HAZARDOUS WASTE

REGULATIONS; 42 USC 6922. "SEC. 3002. NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF THE ENACTMENT OF THIS SECTION, AND AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARINGS AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES, THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS ESTABLISHING SUCH STANDARDS,APPLICABLE TO GENERATORS OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITLE, AS MAY BE NECESSARY TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT. SUCH STANDARES SHALL ESTABLISH REQUIREMENTS RESPECTING.

"(1) RECORDKEEPINGPRACTICES THAT ACCURATELY IDENTIFY THE QUANTITIES OF SUCH HAZARDOUS WASTE GENERATED, THE CONSTITUENTS THEREOF WHICH ARESIGNIFICANT IN QUANTITY OF IN POTENTIAL HARM TO HUMAN HEALTH OR THE ENVIRONMENT, AND THE DISPOSITION OF SUCH WASTES; "(2) LABELINGPRACTICES FORANY CONTAINERS USED FOR THE STORAGE TRANSPORT, OR DISOPSAL 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 WASTETO 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 O N THE PREMISES WHERE THE WASTE IS GENERATED) FOR WHICH A PERMIT HAS BEEN ISSUED AS PROVIDED IN THIS SUBTITLE, OR PURSUANT TO TITLE I OR THEMARINE PROTECTION,RESEARCH, AND SANCTUARIES ACT (86 STAT. 1052); AND

"(6) SUBMISSION OF REPORTS TO THE ADMINISTRATOR (OR THE STATE AGENCY IN ANY CASE IN WHICH SUCH AGENCY CARRIES OUT ANAUTHORIZED PERMIT PROGRAM PURSUANT TO THIS SUBTITLE) AT SUCH TIMESAS THE ADMINISTRATOR (OR THE STATE AGENCY IF APPROPRIATE) DEEMS NECESSARY, SETTING OUT

"(A) THE QUANTITIES OF HAZARDOUS WASTE IDENTIFIED OR LISETD UNDER THIS SUBTITLE THAT HE HAS GENERATED DURING A PARTICULAR TIME PERIOD; AND

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

"STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

"SEC. 3003. (A) STANDARDS. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THIS SECTION, AND AFTER OPPORTUNITY FOR PUBLIC HEARINGS, THE ADMINISTRATOR, AFTER CONSULTATION WITH THE SECRETARY OF TRANSPORTATION,AND THE STATES, SHALL PROMULGATE REGULATIONSESTABLISHING 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 BELIMITED TO REQUIREMENTS RESPECTING -- REGULATIONS. 42 USC 6923.

"(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, OR PURSUANT TO TITLE I OF THE MARINE PROTECTION, RESERACH, AND SANCTUARIES ACT (86 STAT. 1052).

"(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 SECTIONSHALL BE CONSISTENT WITH THE REQUIREMENTS OF SUCH ACT AND THE REGULATIONS THEREUNDER. THE ADMINISTRATOR IS AUTHORIZED TO MAKE RECOMMENDATIONS OF SUCH HAZARDOUS WASTEUNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT AND FOR ADDITION OF MATERIALS TO BE COVERED BY SUCH ACT. RECOMMENDATIONS.

"STANDARDS APPLICABLE TO OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

REGULATIONS. 42 USC 6942. "SEC. 3004. NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF ENACTMENT OF THISSECTION,AND AFTER OPPORTUNITY FOR PUBLIC HEARINGS AND AFTER CONSULTATION WITH APPROPRIATE FEDERAL AND STATE AGENCIES, THE ADMINISTRATOR SHALL PROMULGATE REGUATIONS ESTABLISHING SUCHPERFORMANCE STANDARDS, APPLICABLE TO OWNERS AND OPERATORS OF FACILITIES FOR THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBTITLE, AS MAY BE NECESSARY TO PROTECT HUMAN HEALTH AND THE ENVIRONMENT. SUCH STANDARDS SHALL INCLUDE, BUT NEED NOT BE LIMITED TO,REQUIREMENTS RESPECTING.

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"(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 SYTEM REFERRED TO IN SECTION 3002(5);

"(3) TREATMENT, STORAGE, OR DISPOSAL OF ALL SUCH WASTE RECIEVED 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 ADDITIONALQUALIFICATIONS AS TO OWNERSHIP, CONTINUITY OF OPERATION, TRAINING FOR PERSONNEL, AND FINANCIAL RESPONISBILITY AS MAY BE NECESSARY OR DESIRABLE; AND

"(7) COMPLIANCE WITH THE REQUIRMENTS OFSECTION 3005 RESPECTING PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL.

NO PRIVATE ENTITY SHALL BE PRECLUDED BY REASONOF CRITERIA ESTABLISHED UNDER PARAGRAPH (6) FROM THE OWNERSHIP OR OEPRATION OFFACILITIES PROVIDING HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL SERVICES WHERE SUCH ENTITY C-N PROVIDE ASSURANCES OF FINANCIAL RESPONSIBILITY AND CONTINUITY OF OPERATION CONSISTENT WITH THE DEGREE AND DURATION OF RISKS ASSOCIATED WITH THE TREATMENT, STORAGE, OR DISPOSAL OF SPECIFIED HAZARDOUS WASTE.

"PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE

REGULATIONS 42 USC 6925 "SEC. 3005.(A) PERMIT REQUIREMENTS NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE OF THE ENACEMENT OF THIS SECTION, THE ADMINISTRATOR SHALL PROMULGATE REGULATIONS REQUIRINGEACH PERSONOWNING OR OPERATING A FACILITY FOR THE TREATMENT, STORAGE, OR DISPOSAL OFHAZARDOUS WASTE IDENTIFIED OR LISTED UNDER THIS SUBITLTE TO HAVE A PERMIT ISSUED PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL TAKE EFFECT ON THE DATE PROVIDED IN SECTION 3010 AND UPON AND UPON AND AFTER SUCH DATE THE TREATMENT, STORAGE, OR DISPOSAL OR 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 SECTIONSHALL CONTAIN SUCH INFFOMATION AS MAY BE REQUIRED UNDER REGULATIONS PROMULGATED BY THE ADMINISTRATOR, INCLUDING INFORMATIONRESPECTING

"(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 STOFED.

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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, 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 BTHE REQUIREMENTS OF THIS SECTION OR SECTION 3004, THE ADMINISTRATOR (OR STATE, IN THE CASE OF A STATE HAVING AN AUTHORIZED HAZARDOUS WAST EPROGRAM 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 SECTION3010(A), AND

"(3) HAS MADE AN APPLICATION FOR A PERMIT UNDER THIS SECTION SHALLBE TREATED AS HAVING BEEN ISSUED SUCH PERMIT UNTIL SUCH TIME AS FINAL ADMINISTRATIVE DISPOSITION OF SUCH IS MADE, UNLESS THE ADMINISTRATOR OR OTHER PLAINTIFF PROVES THAT FINAL ADMINSTRATIVE DISPOSITION OF SUCH APPLICATION HAS NOT BEEN MADE BECAUSE OF THE FAILURE OF THE APPLICANT TO FURNISH INFORMATION REASONABLY REQUIRED OR REQUESTED IN ORDER TO PROCESS THE APPLICATION.

"AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS

"SEC. 3006.(A) FEDERAL GUIDELINES. -- NOT LATER THAN EIGHTEEN MONTHS AFTER THE DATE THE DATE OF ENACTMENT OF THIS ACT, THE ADMINISTRATOR, AFTER CONSLTATION WITH STATE AUTHORITIES SHALL PROMULGATE GUIDELINES TO ASSIST STATES IN THE DEVELOPMENT OF STATE HAZARDOUS WASTE PROGRAMS. 42 USC 6926.

NOTICE AND HEARING. "(B) AUTHORIZATION OF STATE WHICH SEEKS TO ADMINISTER AND ENFORCE A HAZARDOUS WASTE PROGRAM PURUSNAT TO THIS SUBTITLE MAY DEVELOP AND,AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, SUBMIT TO THE ADMINISTRATOR AN APPLICATION, INSUCH 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 A NOTICE AS TO WHETHER ORNOT HE EXPECTS SUCH PROGRAM TO BE AUTHORIZED, AND WITHIN NINETY DAYS FOLLOWING SUCH NOTICE (AND AFTER OPPORTUNITY FOR PUBLIC HEARING) HESHALL PUBLISH HIS FINDINGS AS TO WHETHER OR NOT THECONDITIONS LISTED IN ITEMS (1), (2), AND (3) BELOW HAVE BEEN MET. SUCH STATE IS AUTHORIZED TO CARRY OUT SUCH PROGRAM IN LIEU OF THEFEDERAL PROGRAMS UNDER THIS SUBTITLE IN SUCH STATE AND TO ISSUE AND ENFORCE PERMITS FOR THE STORAGE, TRATMENT, OR DISPOSAL OF HAZARDOUS WASTE UNLESS, WITHINNINETY 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 STATE PROGRMS APPLICABLE IN OTHERS 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 NINEY DAYS AFTER THE DATE OF PROMULGATION OF REGULATIONS UNDER SECTION 3002, 3003, 3004, AND 3005, MAY SUBMIT TO THE ADMINISTRATOR EVIDENCE OF SUCH EXISTING PROGRAM AND MAY REQUEST A TEMPORARY AUTHORIZATION TO CARRY OUT SUCH PROGRAM UNDER THIS SUBTITLE. THIS 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 OF PROMULGATION OF REGULATIONS UNDER SECTIONS 3002 AND 3005.

"(D) EFFECT OF STATE PERMIT. -- ANY ACTIONTAKENBY 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 PROGRAMAUTHORIZED UNDER THIS SECTION IN ACCORDANCE WITH REQUIREMENTS OF THIS SECTION, HE SHALL SO NOTIFY THE STATE AND,IF APPRORPIATE CORRECTIVE ACTION IS NOT TAKENWITHIN A REASONABLE TIME, NOT TO EXCEED NINETY DAYS, THE ADMINISTRATOR SHALL WITHDRAW AUTHORIZATION OF SUCH PROGRAMS AND ESTABLISH A FEDERAL PROGRAM PURSUANT TO THIS SUBTITLE. THE ADMINISTRAOTR SHALL NOT WITHDRAW AUTHORIZATION OF ANY SUCH PROGRAM UNLESS HE SHALL FIRST HAVE NOTIFIED THE STATE, AND MADEPUBLIC, IN WRITING THE REASONS FOR SUCH WITHDRAWAL.

"INSPECTIONS

42 USC 6927 "SEC. 3007. (A) ACCESS ENTRY. -- FOR PURPOSES OF DEVELOPING OR ASSISTING IN THE DEVELOPMENT OFANY REGULATION OR ENFORCING THE PROVISIONS OF THIS SUBTITLE, ANY PERSON WHO GENERATES, STORES, TREATS, TRANSPORTS, DISPOSES OF, OF OTHERWISE HANDLES HAZARDOUS WASTES SHALL, UPON REQUET OF ANY OFFICER OR EMPLOYEE OF THE ENVIRONMENTAL PROTECTION AGENCY, 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 REAONABLE TIMES ANY ESTABLISHMENT OR OTHER PLACE MAINTAINED BY ANY PERSON WHERE HAZARDOUS WASTES ARE GENERATED, STORED, TREATED, DISPOSED OF, OR TRANSPORTED FROM;

"(2) TO INSPECT AND OBTAIN SMAPLES 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 THEOFFICER OR EMPLOYEE OBTAINS ANY SAMPLES,PRIOR TO LEAVING TH EPREMISES, 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 THECASE MAY BE) HAS ACCESS UNDER THIS SECTION 1905 OF TITLE 18 OF THEUNITED STATES CODE, THE ADMINISTRATOR (OR THE STATE, AS THE CASE MAY BE) SHALL CONSIDER SUCH INFORMATION OR PARTICULAR PORTION THEREOF CONFIDENTIAL IN ACCORDANCE WITH THEPURPOSES 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.

"FEDERAL ENFORCEMENT

"SEC. 3008(A) COMPLIANCE ORDERS. -- (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), WHENEVERON 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 VIOLATION EXTENDS BEYOND THE THIRTIETH DAY AFTER THE ADMINISTRATOR'S NOTIFICATION, THE ADMINISTRAOTR 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 PERMANENET INJUNCTION. 42 USC 6928.

"(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 OCCCURED THIRTY DAYS PRIOR TO ISSUING AN ORDER OR COMMENCING A CIV-L 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 ADMINISTRAOTR MAY SUSPEND OR REVOKE ANY PERMIT ISSUED TOTHE VIOLATOR (WHETHER ISSUED BY THE ADMINISTRATOR OR THE STATE). PENALTY.

"(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 NA-MED THEREIN REQUEST A PUBLIC HEARING. UPON SUCH REQUEST THE ADMINISTRATOR SHALL PROMPTLY CONDUCT A PUBLIC HEARING. IN CONNECTION WITH ANY PROCEDING UNDER THIS SECTION THE ADMINISTRATOR MAY ISSUE SUBPENAS FOR THE ATTENDANCE AND TESIMONY OF WITNESSES AND THE PRODUCTION OF RELEVANT PAPERS, BOOKS, AND DOCUMENTS, AND MAY PROMULGATE RULESFOR DISCOVERY PROCEDURES. SUBPENAS.

"(C) REQUIREMENTS OF COMPLIANCE ORDERS. -- ANY ORDER ISSUED UNDER SECTION SHALL STATE WITH REASONABLE SPECIFICITY THE NATURE OF THE VIOLATION AND SPECIFY A TIME FOR COMPLIANCE AND ASSES A PENTLY, IF ANY, WHICH THE ADMINISTRATOR DETERMINES IS RASONABLE TAKING INTOACCOUNT THE SEROIUSNESS OF THE VIOLATION AND ANY GOOD FAITH EFFORTS TO COMPLY WITH THE APPLICABLE REQUIREMENTS. PENALTY.

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"(D) CRMINAL PENALTY. -- ANY PERSON WHO KNOWINGLY

"(1) TRANSPORTS ANY HAZARDOUS WASTE IDENTIFIED OR LISTED

UNDER THIS SUBTITLE TOA FACILITY WHICHDOES 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 HAZRDOUS 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, RESERACH, AND SANCTUARIES ACT (86 STAT. 1052).

"(3) MAKES ANY FALSE STATEMENT OR REPRESENTATION IN ANY APPLICATION, LABEL, MANIFEST, RECORTD, REPORT, PERMIT OR OTHER DOCUMENT FIELD, MAINTAINED, OR USED FOR PURPOSES OF COMPLIANCE WITH THIS SUBTITLE.

SHALL, UPON CONVICTION, BE SUBJECT TOA FINE OF NOTE 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 MOER THAN TWO YEARS, OR BOTH.

"RETENTION OF STATE AUTHORITY

42 USC 6929. "SEC. 3009. UPON THE EFFECTIVE DATE OF REGULATIONS UNDER THIS SUBTITLE NO STATE OR POLITICAL SUBDIVISION MAY IMPOSE ANY REQUIREMENTS LESS STRINGENT THANTHOS AUTHORIZED UNDER THIS SUBTITLE RESPECTING THE SAME MATTER AS GOVERNED BY SUCH REGULATIONS, EXCEPT, THAT IF APPLICATION OF A REGULATION WITH RESPECT OT ANY MATTER UNDER THIS SUBTITLE IS POSTPONED OR ENJOINED BY THE ACTIONOF ANY COURT, NO STATE OR POLITICAL SUBDIVISION SHALL BE PROHIBITED FROM ACTING WITH RESPET TO THE SAME ASPECT OF SUCH MATTER UNTIL SUCH TIME AS SUCH REGULATIONTAKES EFFECT.

"EFFECTIVE DATE

42 USC 6930. "SEC. 3010. (A) PERLIMINARY 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 WASTESUBJECT TO THIS SUBTITLE, ANY PERSONGENERATING OR TRANSPORTING SUCH SUBSTANCE OR OWNING OR OPERATING AFACILITY FOR TREATMENT, STORAGE, OR DISPOSAL OF SUCH SUBSTANCE SHALL FILE WITH THE ADMINISTRAOTR (OR WITH STATES HAVING AUTHORIZED HAZARDOUS WASTE PEMIT PROGRAMS UNDER SECTION 3006) A NOTIFICATION STATING THE LOCATION AND GENERAL DESCRIPTION OF SUCYH 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 BEENGIVEN AS REQUIRED UNDER THIS SUBSECTION.

"(B) EFFECTIVE DATE OF REGULATION. -- THE REGULATINS 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 SIC MONTHS AFTER THE DATE OF PROMULGATION THEREOF (OF SIX MONTHS AFTER THE DATE OF REVISION IN THE CASE OF ANY REGULATIONWHICH IS REVISED AFTER THE DATE REQUIRED FOR PRMULGATION THEREOF.).

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"AUTHORIZATION OF ASSISTANCE TO STATES

"SEC. 3011. () AUTHORIZATION. -- THERE IS AUTHORIZED TO APPROPRIATED $25,000,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO BE USED TO MAKE GRANTS TO THE STATE FOR PURPOSES OF ASSISTING THE STATES IN THE DEVELOPMENT AND IMPLEMENTATION OF AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS. 42 USC 6931.

"(B) ALLOCATION. -- AMOUNTS AUTHORIZED TO BE APPROPRIATED UNDER SUBSECTION (A) SHALL-E ALLOCATED AMONG THE STATES ON THE BASIS OF REGULATIONS PROMULGATED BY THE AMINISTRATOR, AFTER CONSULTATION WITH THE STATES, WHICH TAK EINTO ACOCUNT,THEXTENT TO WHICH HAZARDOUS WASTEIS GENERATED, TRANSPORTED, TREATED, STORED, AND DISPOSED OF WITHINSUCH STATE THE EXTENT OF EXPOSURE HUMAN BEI-NGS AND THE ENVIRONMENT WITHIN SUCH STATE TO SUCH WASTE, AND SUCH OTHER FACTORS AS THE ADMINISTRATOR DEEMS APPROPRIATE.

"SUBTITLE D -- STATE OR REGIONALSOLID WASTE PLANS "OBJECTIVES OF SUBTITLE

"SEC. 4001. THE OBJECTIVES OF THIS SUBTITLE ARE TO ASSIST IN DEVLEOPING AND ENCOURAGIN METHODS FOR THE DISPOSAL OF SOLID WASTE WHICH ARE ENVIRONMENTALLY SOUND AND WHICHMAXIMIZE THE UTILIZATION OF VALUABLE RSOURCES AND TO ENCOURAGE RESOURCE CONSERVATION. SUCH OBJECTIVES ARE TO BE ACCOMPLISHED THROUGH FEDERAL TECHNICAL AND FINANCIAL ASSISTANCE TO STATES OR REGIONAL AUTHORITIES FOR COMPERHENSIVE PLANNING PURSUANT TO FEDERAL GUIDELINES DESIGNED TO FOSTER COOPERATION AMONG FEDERAL, STATE, AND LOCAL GOVERNMENTS AND PRIVATE INDUSTRY 42 USC 6941.

"FEDERAL GUIDELINESFOR PLANS

"SEC. 4002. (A) GUIDELINES FOR IDENTIFICATION OF REGIONS. -- FOR PURPOSES OF ENCOURAGINGAND FACILITITATING THE DEVLEOPMENT OF REGIONALPLANNING FOR SOLID WASTE MANGEMENT THE ADMINISTRAOTR, WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER THE DATE OF ENACTMENT OF THIS SECTION AND AFTER CONSULTATION WITH APPRORPIATE 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 A-PROPRAITE UNITS FOR PLANNING REGIONALSOLID WASTE MANAGEMENT SERVICES. SUCH GUIDELINES SHALL CONSIDER

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

"(2) THE VOLUME OF SOLID WASTE WHICH SHOULD BE INCLUED, AND

"(3) THE AVAILABLE MEANS OF COORDINATING REGIONAL PLANNING WITH OTHER RELATED REGIONALPLANNING 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 AFTERNOTICE AND HEARING, THE ADMINISTRATOR SHALL, AFTER CONSULTATION WITH APPRORPIATE FEDERAL, STATE, AND LOCAL AUTHORITIES, PROMULGATE REGULATIONS CONTAINING GUIDELINESTO ASSIST IN THE DEVELOPMENTAND IMPLEMENTATION OF STATE SOLID WASTE MANAGEMENT PLANS (HEREINAFTER IN THIS TITLE REFERREE TO AS 'STATE PLANS' ). THE GUIDLIENS SHALL CONTAIN METHODS FOR ACHIEVING THE OBJECTIVES SPECIFIED IN SECTION 400I. SUCH GUIDELINES SHALL BE REVIEWED FROM TIME TO TIME, BUT NOT LESS FREQUENTLY THAN EVERY THREE YEARS, AND REVISED AS MAY BE APPROPRIATE. REGULATIONS. REVIEW.

"(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 DIFFERENTSOLID WASTE PRACTICES ARE REQUIRD 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 RUNO-F CONTAMINATION, AND THE REASONABLE PROTECTION OF AMBIENT AIR QUALITY.

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"(2) CHARACTERISTICS AND CONDITIONS OF COLLECTIN, STORAGE, PROCESSING,AND DISPOSAL OPERATING METHJODS, TECHNIQUES AND PRACTICES, AND LOATION 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 UPON DUMPS FOR PURPOSES OF ELIMINATING POTENTIAL HEALTH HAZRDS;

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

"(5) GEOGRAPHIC, GEOLOGIC, CLIMATIC, AND HYDROLOGIC CHARACTERISTICS.

"(6) THETYPE AND LOCATION OF TRANSPORTATION;

"(7) THE PROFILE OF INDUSTRIES;

"(8) THE CONSTITUENTS AND GENRATION RATES OF WASTE;

"(9) THEPOLITICAL, ECONOMIC, ORGANIZATIONAL, FINANCIAL, AND MANAGEMENT PROBLEMS AFFETING COMPREHENSIVE SOLID WASTE MANAGEMENT;

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

"(11) AVAILABLE NEW AND ADDITIONALMARKETS FOR RECOVERED MATERIAL.

"MINIMUM REQUIREMENTS FOR APPROVAL OF PLANS

42 USC 6943. "SEC. 4003. IN ORDER TO BE APPROVED UNDER SECTION 4007, EACH STATE PLAN MUST COMPLY WITH THE FOLLOWING MINIMUM REQUIREMENTS

"(1) THE PLANSHALL IDENTIFY (INACCORDANCE WITH SECTION 4006(B)) (A) THE RESPONSBILITIES OF STATE, LOCAL, AND REGIONAL AUTHORITIES INT HE IMPLEMENTATION OF THE STATE PLAN, (B) THE DISTRIBUTION OF FEDERAL FUNDS TO THE AUTHORITIES RESPONSIBLE FOR DEVELOPMENT AND IMPLEMENTATION OF THE STATE PLANS,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 WASTEORIGINATING 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 4001(A) OR OTHERWISE DISPOSED OR IN AN ENVIRONMENTALLY SOUND MANNER.

"(3) THE PLANSHALL PROVIDE FOR THE CLSOING OR UPGRADING OF ALL EXISTINGOPEN DUMPS WITHIN THE STATE PURSUANT TO THE REQUIREMENTS OF SECTION 4005.

"(4) THE PLANSHALL PROVIDE FOR THE ESTABLISHMENT OF SUCH STATE REGULATORY POWERS AS MAY B E NECESSARY TO IMPLEMENT THE PLAN.

"(5) THEPLANSHALL PROVIDE THAT NO LOCAL GOVERNMENTWITHIN THE STATE SHALL BE PROHIBITED UNDER STATE OR LOCAL LAW FROM ENTERING INTO LONG-TERM CONTRACTS FOR THE SUPPLY OF SOLID WASTE TO RESOURCE REVOERY FACILITIES.

RESOURCE CONSERVATION AND DISPOSAL OF SOLID WASTE. "(6) THE PLANSHALL PROVIDE FOR SUCH RESOURCE CONSERVATION OR RECOVERY AND FOR THE DISPOSAL OF SOLID WASTE IN SANITARY LANDFILL OR ANY COMBINATION OF PRACTICES SO AS MAY BE NECESSARY TO USE OR DISPOSE OF SUCH WASTE IN A MANNER THAT IS ENVIRONMENALLY SOUND.

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"CRITERIA FOR SANITARY LANDFILLS;SANITARY LANDFILLS REQUIRED FOR ALL DISPOSAL

"SEC. 4004. (A) CRITERIA FOR SANITARY LANDFILLS. -- NOT LATER THAN ONE YEAR AFTER THE DATE OF ENACTMENT OF THIS SECTION, AFTER CONSULTATION WITH THE STATES, AND AFTERNOTICE AND PUBLIC HEARINGS THE ADMINISTRATION SHALL PROMULGATE REGULATIONS CONTAINING CRITERIA FOR DETERMINING WHICH FACILITIES SHALL BE CLASSIFIED AS SANITARY LANDFILLS AND WHICH SHALL BE CLASSIFIED AS OPENDUMPS WITHIN THE MEANING OF THIS ACT. AT A MINIMUM, SUCH CRITERIA SHALL PROVIDE THAT A FACILITY MAY BE CLASSIFIED AS A SANITARY LANDFILL AND NOT AN OPEN DUMP ONLY IF THERE IS NOREASONABLE PROBABILITY OFADVERSE EFFECTS ON HEALTH OR THE ENVIRONMENT FROM DISPOSAL OF SOLID WASTE AT SUCH FACILITY. SUCH REGULATIONS MAY PROVIDE FOR THE CLASSIFICATION OF THE TYPES OFSANITARY LANDFILLS. REGULATIONS 42 USC 6944.

"(B) DISPOSAL REQUIRED TO BE IN SANITARY LANDFILLS. ETC. -- FOR PURPOSES OF COMPLYING WITH SECTIN 4003 (2) EACH STATE PLAN SHALL PROHIBIT THE ESTABLISHMENT OF OPEN DUMPS AND CONTAIN A REQUIREMENT THAT DISPOSAL OF ALL SOLID WASTEWITHIN THE STATE SHALL BE IN COMPLIANCE WITHSUCH SECTION 4003(2).

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

"UPGRADING OF OPENDUMPS

"SEC. 4005. (A) OPENDUMPS. -- FOR PURPOSES OF THIS ACT, THE TERMS 'OPENDUMP' MEANS ANY FACILITY OR SITE WHERE SOLID WASTE ID 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. "OPEN DUMP" 42USC 6945.

"(B) INVENTORY. - NOT LATER THAN ONEYEAR AFTER PROMULGATION OF REGULATIONSUNDER SECTION 4004, THE ADMINISTRATOR, WITH THE COOPERATION OF THEBUREAU OF THE CENSUS SHALL PUBLISH AN INVENTORY OF ALL DISPOSAL FACILITIES OR SITES INTHE UNITED STATES WHICH ARE OPEN DUMPS WITHIN THE MEANING OF THIS ACT. PUBLICATION.

"(C) CLOSING OR UPGRADING OF EXISTING OPENDUMPS. -- ANY SOLID WASTEMANAGEMENT PRACTICE OR DISPOSAL OF SOLID WASTEOR HAZARDOUS WASTEWHICH CONSTITUTES THE OPEN DUMPING OF SOLID WASTE OR HAZARDOUS WASTE WHICH CONSTITUTES THE OPENDUMPING OF SOLID WASTE ORHAZARDOUS WASTE IS PROHIBITED, EXCPET IN THE CASE OF ANY PRACICE 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 FACILITEIS OR SITES FOR SOLID WASTE IN SUCH STATE WHICH ARE OPENDUMPS LISTED IN THE INVENTORY UNDER SEBSECTION (B) SHALL COMPLY WITH SUCH MEASURES AS MAY BE PROMULGATD BY THEADMINISTRATOR TO ELIMINATE HEALTH HAZARDS AND MINIMIZE POTENTIAL HEALTH HAZARDS. EACH SUCH PLANSHALL ESTABLISH, FOR ANY ENTITY WHICH DEMONSTRATES THAT IT HAS CONSIDERED OTHER PUBLIC OR PRIVATE ALTERNATIVES FORSOLID 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 FORSUCH PRACTICE OR DISPOSAL OF SOLID WASTE WHICH SPECIFIES A SCHEDULE OR 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 PUBLICATIONOF THE INVENTORY UNDER SUBSECTION (B)). SCHEDULE OF REMEDIAL MEASURES.

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"PROCEDURE FOR DEVELOPMENT AND IMPLEMENTATION

OFSTATEPLAN

REGULATIONS 42 USC 6946. "SEC. 4006. (A) IDENTIFICATION OF REGIONS. -- WITHINONE HUNDRED AND EIGHTY DAYS AFTER PBULICATION OF GUIDELINES UNDER SECTION 4002(A) (RELATING TO IDENTIFICATION) OF REGIONA), THE GOVERNOR OR EACH STATE, AFTER CONSULTATION WITH LOCAL ELECTEDOFFICIALS, SHALL PROMULGATE REGULATIONS BASED ONSUCH GUIDELINES IDENTIFYING THE BOUNDARIES OF EACH AREA WITHINTHE STATE WHICH, AS A RESULT OF URBAN CONCENTRATIONS, GEOGRAPHIC CONDITIONS, MARKETS, AND OTHER FACTORS, IS APPROPRIATE FOR CARRYING OUT REGIONALSOLID WASTE MANAGEMENT. SUCH REGULATIONS MAY BE MODIFIED FROM TIME TO TIME (IDENTIFYING ADDITIONAL OR DIFFERENT REGIONS) PURSUANT TO SUCH GUIDELINES.

STATE PLAN. "(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 MEETTHE MINIMUM REQUIREMENTS OF SECTION 4003, THE STATE, TOGETHER WITH APPROPRIATE ELECTED OFFICIALS OF GENERAL PURPOSES UNITS OF LOCAL GOVERNMENT, SHALL JOINTLY (A) IDENTIFY AN AGNECY TO DEVELOP THE STATE PLANAND IDENTIFY ONE OR MORE AGENCIES TO IMPLEMENT SUCH PLAN, AND

MULTI-FUNCTIONAL REGIONAL AGENCY. (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 REGIONALOR LOCAL AUTHORITY OR A COMBINATION OF REGIONAL ORLOCAL AND STATE AUTHORITIES. IF A MULTI-FUNCTIONAL REGIONAL AGENCY AUTHORIZED BY STATE LAW TO CONDUCT SOLID WASTEPLANNING AND MANAGEMENT (THE MEMBERS OF WHICH ARE APPOINTED BY THE GOVERNOR) IS INEXISTENCE ON THE DATE OF ENACTMENT OF THIS ACT, THE GOVERNOR SHALL IDENTIFY SUCH AUTHORITY FOR PURPOSES OF CARRYING OUT WIHTIN SUCH REGION CLAUSE (A) OF THIS PARAGRAPH. WHERE FEASIBLE, DESIGNATION OF THE AGENCY FOR THE AFFECTED AREA DESIGNATED UNDER SECTION 208 OF 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 REGIONALAGENCIES 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 ARENOT IDENTIFIED AND DESIGNATED OR ESTABLISHED AS REUQIRED UNDER PARAGRAPH (1) FOR ANY AFFECTED ARE, 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, ANDENTER INTO AGREEMNTS IDENTIFYING TH E BOUNDARIES OF SUCH REGION PURSUANT TO SUBSECTION (A).

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

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"(3) IMPLEMENTATION OF INTERSTATE REGIONALSOLID WASTE MANAGEMENT PLANS SHALL BE CONDUCTED BY UNITS OF LOCAL GOVERNMENT FOR ANY PORTION OR A REGION WITHIN THEIR JURISDICTIN, 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. REGIONAL SOLID WASTE MANAGEMENT PLANS.

"(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 PLANFOR SUCH STATE.

"APPROVAL OF STATE PLAN; FEDERAL ASSISTANCE

SEC. 4007. (A) PLANAPPROVAL. -- THE ADMINISTRATORSHALL WITHINSIX MONTHS AFTER A STATE PLAN HAS BEENSUBMITTED FOR APPROVAL APPROVE OR DISAPPROVE THE PLAN. THE ADMINISTRATOR SHALL APPROVE A PLANIF HE DETERMINES THAT -- 42 USC 6947.

"(1) IT MEETS THE REQUIREMENTS OF PARAGRAPH S (1), (2), (3), AND (5) OF SECTION 4003; AND

"(2) IT CONTAINS PROVISIONFOR 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 PARAGRAPH S (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 THEPLAN TO EFFECTUATE THE PURPOSES OF THIS SUBTITLE; OR

"(C) THAT SUCH REVISION IS OTHERWISE NECESSARY.

THE ADMINISTRATOR SHALL REVIEW APPROVED PLANS FROM TIME TO TIMEAND IF HE DETERMINES THAT REVISION OR CORRECTIONS ARE NECESSARY TO BRING SUCH PLAN INTO COMPLANCE WITH THE MINIMUM REQUIREMENTS PROMULGATED UNDER SECTION4003 (INCLUDING NEW ORREVISED REQUIREMENTS) HE SHALL, AFTER NOTICE AND OPPORTUNITY FOR PUBLIC HEARING, WITHDRAW HIS APPROVAL OF SUCH PLAN. SUCH WITHDRAWAL OFAPPROVAL SHALL CEASE TO BE EFFECTIVE UPON THE ADMINISTRATOR'S DETERMINATION THAT SUCH COMPLIES WITH SUCH MINIMUM REQUIREMENTS. REVIEW WITHDRAWAL OF APPROVAL.

"(B) ELIGIBLITY OF STATES FOR FEDERAL FINANCIAL ASSISTANCE. (1) THE ADMINISTRATOR SHALL APPROVE A STATE APPLICATIONFOR FINANCIAL ASSISTANCE UNDER THIS SUBTITLE, AND MAKE GRANTS TO SUCH STATE HAVE COMPLIED WITH THE REQUIREMENTS OF SECTION4006 WITHIN THE PERIOD REQUIRED UNDER SUCH SECTION AND IF SUCH STATE HAS A STATE PLANWHICH HAS BEEN APPROVED BY THE ADMINISTRATOR UNDER THIS SUBTITLE.

"(2) THE ADMINISTRATOR SHALL APPROVE A STATE APPLICATIONFOR 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 -E ELIGIBLE FOR APPROVAL UNDER SUBSECTION (A) AND IS BEING IMPLEMENTED BY THESTATE.

WITHHOLDING OFFINANCIAL AND TECHNICAL ASSISTANCE. "(3) UPON WITHDRAWAL OF APPROVAL OF A STATE PLAN UNDER SUBSECTION (A), THE ADMINISTRATORSHALL WITHHOLD FEDERAL FINANCIAL AND TECHNICAL ASSISANCE -NDER THIS SUBTITLE (OTHER THAN SUCH TECHNICAL ASSISTANCE AS MAY BE NECESSARY TO ASSIST IN OBTAINING THE REINSTATEMENT OFAPPROVAL) 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 RESPECTINGSOLID WASTE PLANNINGOR MANAGMENT WHICH ARE CARRIED OUT BY STATE, REGIONAL, ORLOCAL AUTHORITIES UNLESS SUCH ACTIVITIES ARE INCONSISTENT WITHA STATE PLANAPPROVED BY THE ADMINISTRATOR UNDER THIS SUBTITLE.

"FEDERAL ASSISTANCE

42USC 6948 "SEC. 4008. (A) AUTHORIZATION OF FEDERAL ASSISTANCE. -- (1) THERE AREAUTHORIZED TO BE APPROPRIATED $30,000,000 FOR FISCAL YEAR 1978 AND $40,000,000 FOR FISCAL YEAR 1979 FOR PURPOSES OFMAKINGGRANTS TO THE STATES FOR THE DEVELOPMENT AND IMPLEMENTATIONOF STATE PLANS UNDER THIS SUBTITLE.

"(2) (A) THE ADMINISTRATOR IS AUTHORIZED TO PROVIDE FINANCIAL ASSISTANCE TOSTATES, COUNTIES, MUNICIPALITIES, AND INTERMUNICIAPL AGENCIES ANDSTATE ANDLOCAL PUBLIC SOLID WASTE MANAGEMENT AUTHORITIES FOR IMPLEMENTATION OF PROGRAMS TO PROVIDE SOLID WASTE MANAGEMENT,RESOURCE RECOVERY, AND RESOURCE CONSERVATION SERVICES ANDHAZARDOUS WASTE MANAGMENT. SUCH ASSISTANCE SHALL INCLUDE ASSISTANCE FOR FACILITY PLANNING AND FEASIBILIGY STUDIES; EXPERT CONSULTATION; SURVEYS AND ANALYSIS OF MARKET NEEDS; MARKETING OF RECOVERED RESOURCES; TECHNOLOGY ASSESSMENTS; LEGAL EXPENSE; CONSTRUCTION FEASIBILITY STUDIES SOURCE SPEARATIONPROJECTS; ANDFISCAL OR ECONOMIC INVESTIGATIONSOR STUDIES; BUT SUCH ASSISTANCE SHALL NOTINCLUE ANY OTHER ELEMENT OF CONSTRUCTION, OR ANY ACQUISITIONOF LAND OR INTEREST INLAND, OR ANY SUBSIDY FOR THE PRICE OF RECOVERED RESORUCES. AGENCIES ASSISTED UNDER THIS SUBSECTION SHALL CONSIDER EXISTINGSOLID WASTE MANAGMENT AND HAZARDOUS WASTE MANAGEMENT SERVICES ANDFACILITIES AS WELL AS FACILITIES PROPOSED FOR CONSTRUCTION.

COMPLIANCE WITH PROJECT OR PROGRAM. ANTE, P. 2803. "(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 GUIDELIENS PUBLISHED PURSUANT TO SECTION 1008 OF THIS ACT. ASSISTANCE UNDER THIS PARAGRAPH SHALL BE AVAILBLE ONLY FOR PROGRAMS CERTIFIED BY THE STATE TO BE COMSISTENT WITH ANY APPLICABLE STATE OR AREAWIDE SOLID WASTE MANAGEMENTPLAN OF PROGRAM.

APPROPRIATION AUTHORIZATIONS. "(C) THERE ARE AUTHORIZED TO BE APPRORPIATED $15,000,000 FOR EACH OF THE FISCAL YERAS 1978 AND 1979 FOR PURPOSES OF THIS SECTION.

"(B) STATE ALLOTMENT. -- THE SUMS APPRORPIATED IN ANY FISCAL YEAR UNDER SUBSECTION (A)(1) SHALL BE ALLOTED BY THE ADMINISTRATOR AMONG ALL STATES, IN THE RATIO THAT THE POPULATION INEACH 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 AS ALLOTED IN ANY FISCAL YEAR. NO STATE SHALL RECEIVE ANY GRANT UNDER THIS SECTIONDURING ANY FISCAL YEAR WHEN ITS EXPENDITURES OFNON-FEDERAL FUNDS FOR OTHER THAN NON-RECURRENT EXPENDITURES FOR SOLID WASTE MANAGEMENT CONTROL PROGRAMS WILL BE LESS THAN ITS EXPENDI-URES 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 SUCHSTATENO STATE SHALL RECIEVE ANY GRANT FOR ANY SOLID WASTEMANAGEMENT PROGRAMS UNLESS THE ADMINISTRATOR IS SATISFIED THATSUCH GRANT WILL BESO USED AS TO SUPPLEMENTAND, TO THEEXTENT PRACTICABLE, INCRASE 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 RECIEVING 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 DEVELO-ING AND IMPLEMENTING SATATE PLANS. TECHNICAL ASSISTANCE RESPECTING RESOUFCE RECOVERY AND CONSERVATION MAY BE PROVIDED THROUGH RESOURCE RECOVERY AND CONSERVATION PANELS, ESTABLISHED IN THE ENVIRONMENTAL PROTECTION AGENCYUNDER SUBTITLE B, TO ASSIST THE STATE NAD LOCAL GOVERNMENTS WITH RESPECT TO PARTICULAR RESOURCE RECOVERY AND CONSERVATION PROJECTS UNDER CONSIDERATION AND TO EVALUATE THEIR EFFECT ON THE STATE PLAN. ANTE. P. 2804.

"(E) SPECIAL COMMUNITIES. -- (1) THE ADMINISTRATOR, IN COOPERATION WITH STATE AND LOCAL OFFICIALS, SHALL IDENTIFY COMMUNITIES WITHIN THE UNITED STATES (A) HAVING A POPULATION OF LESS THAN TWENTY-FIVE THOUSAND PEFSONS, (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 IA AUTHORIZED TO BE APPRORPIATED TO THE ADMINISTRATOR $2,500,000 FOR EACH OF THEFISCAL YEARS 1978 AND 1979 TO MAKE GRANTS TO BE USED FOR THECONVERSION, IMPROVEMENT, OR CONSOLIDATION OF EXISTING SOLID WASTE DISPOSAL FACILITIES, OR FOR THECONSTRUCTION OF NEW SOLID WASTE DISPOSAL FACILITIES, OR FOR BOTH, WITHIN COMMUNITIES IDNETIFIED UNDER PARAGRAPH (1).NOT MORE THAN ONE COMMUNITY IN ANY STATE SHALL BE ELIGIBLE FOR GRANTS UNDER THIS PARAGRAPH AND NOT MOFE THAN ONE PROJECT IN ANY STATE SHALL BE ELIGIBLE FOR SUCH GRANTS. APPRORPIATION AUTHORIZATION.

"(3) GRANTS UNDER THIS SUBSECTION SHALL PE MADE ONLY TO PROJECTS WHICH THE ADMINISTRATOR DETERMINES WILL BE CONSISTENT WITH AN APPLICABLE STATE PLAN APPROVED UNDER THIS SUBTITLE AND WHICH WILL ASSIST IN CARRYING OUT SUCH PLAN.

"RURAL COMMUNITIES ASSISTANCE

"SEC. 4009. (A) IN GENERAL. -- THE ADMINISTRATOR SHALL MAKE GRANTS TO STATES TO PROVIDE ASSISTANCE TO MUNICIPALITIES WITH A POPULATION OF FIVE THOUSAND OR LESS, OR COUNTIES WITH A POPULATION OF TEN THOUSAND OR LESS OR LESS THAN TWENTY PEFSONS PERSQUARE 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 -- 42 USC 6949 42 USC 1857 NOTE.

"(1) TO ANY MUNICIPALITY OR COUNTY WHICH COULD NOT FEASIBLY BE INCLUDED IN A SOLID WASTE MANAGEMENT SYSTEM OR FACILITY SERVING AN URBANIZED, MULTIJURISDICTIONAL AREA BECAUSE OF THIS DISTANCE FROM SUCH SYSTEMS.

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"(2) WHERE EXISTING OR PLANNED SOLID WASTE MANAGEMENT SERVICES OR FACILITES 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 AL-OT THE SUMS APPRORPIATED TO CARRY OUT THIS SECTION IN ANY FISCAL YEAR AMONG THE STATES IN ACCORDANCE WITH REGULATIONS PROMULGATED BYHIM 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 THEPOPULATION OF COUNTIES IN EACH STATE HAVING LESS THEN TWENTY PERSONS PER SQUARE MILE BEARS TO THE TOTAL POPULATION OF RURAL AREAS OF ALL THE STATES, THE RATIO WHICH THEPOPULATIONOF COUNTIES IN EACH STATE HAVING LESS THAN TWENTY PERSONS PER SQUAREMILE BEARS TO THE TOTALPOPULATION OF SUCH COUNTIES IN ALL THE STATES, AND THE RATIO WHCIH THE POPULATION OF SUCHLOW-DENSITY COUNTIES IN EACH STATE HAVING 33 PER CENTUM OR MORE OF ALL FAMILIES WIHT INCOMES NOT IN EXCESS OF 125 PER CENTUM OF THE POVERY LEVEL BEARS TO THE TOTAL POPULATION OF SUCH COUNTIES IN ALL THE STATES.

LAND ACQUISITION, PROHIBITION. "(C) LIMIT. -- THE AMOUNT OF ANY GRANT UNDER THIS SECTION SHALLNOT EXCEED 75 PER CENTUM OF THE COSTS OF THE PROJECT. NO ASSISTANCE UNDER THIS SECTION SHALL BE AVAILABLE FOR THE ACQUISITION OF LAND OR INTERESTS IN LAND.

"(D) APPROPRIATIONS. -- THERE ARE AUTHORIZED TO BE APPROPRIATED $25,000,000 FOR EACH OF THE FISCAL YEARS 1978 AND 1979 TO CARRY OUT THIS SECTION.

"SUBTITLE E -- DUTIES OF THE SECRETARY OR COMMERCE IN RESROUCE AND RECOVERY "FUNCTIONS

42 USC 6951. "SEC. 5001. THE SECRETARY OF COMMERCE SHALL ENCOURAGE GREATER COMMECIALIZATION OF PROVEN RESOUFCE RECOVERY TECHNOLOGY BY PROVIDING

(1) ACCURATE SPECIFICATIONS FOR RECOVERED MATERIALS

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

"(3) PROMOTION OF PROVEN TECHNOLOGY; AND

"(4) A FORUM FOR THEEXCHANGE OF TECHNICAL AND ECONOMIC DATA RELATINGTO RESOURCE RECOVERY FACILITIES.

"DEVELOPMENT OF SPECIFICATIONS FOR SECONDARY MATERIALS

PUBLICATION OF GUIDELINES 42 USC 6952. "SEC. 5002. THE SECRETARY OF COMMERCE, ACTING THORUGH THE NATIONALBUREAU OF STANDARDS, AND IN CONJUNCTION WITH NATIONAL STANDARDS-SETTING ORGANIZATIONS IN RESOURCE RECOVERY, SHALL, AFTER PUBLIC HEARINGS, AND NOT LATER THAN TWO YEARS AFTEF 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 SCH 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 SHALLCONTINUE TO COOPERATE WITH NATIONAL STANDARDS SETTING ORGANIZATIONS, AS MAY BE NECESSARY, TO ENCOURAGE THE PUBLICATION, PROMULGATION AND UPDATING OF STANDARDS FOR RECOVEFED MATERIALS AND FOR THEUSE OF RECOVERED MATERIALS IN VARIOUS INDUSTRIAL, COMMERCIAL, AND GOVERNMENTAL USES.

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"DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS

"SEC. 5003. THE SECRETARY OF COMMERCE SHALL WITHIN TWO YEARS AFTER THE ENACTMENT OF THIS ACT TAKESUCH ACTIONS AS MAY BENECESSARY TO -- 42 USC 6953.

"(1) IDENTIFY THEGEOGRAPHICAL LOCATION OF EXIISTING OR POTENITAL MARKETS FOR RECOVERED MATERIALS;

"(2) IDENTIFY THE ECONOMIC ANDTECHNICAL BARRIERS TO THEUSE

OF RECOVERED MATERIALS; AND

"(3) ENCOURAGE THEDEVELOPMENT OF NEW USES FOR RECOVERED MATERIALS.

"TECHNOLOGY PROMOTION

"SEC. 5004. THE SECRETARY OF COMMERCE IS AUTHORIZED TO EVALUATE THE COMMERCIAL FEASIBILITY OF RESOURCE RECOVERY FACILITIES AND TO PUBLISH THE RESULTS OF SUCH EVALUATION AND TO DEVELOP A DATA BASE FOR PURPOSES OF ASSISTING PERSONS IN IN CHOOSING SUCH A SYSTEM. 42 USC 6954.

"SUBTITLE F -- FEDERAL RESPONSBILITIES "APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO FEDERAL FACILITIES

"SEC. 6001. EACH DEPARTMENT, AGENCY, AND INSTRUMENTALITY OF THE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF THE FEDERAL GOVERNMENT (1) HAVING JURISDICTION OVERANY SOLID WASTE MANAGEMENT FACILITY OR DISPOSAL SITE, OR (2) ENGAGED IN ANY ACTIVITY RESULTING, OR WHICH MAY RESULT, IN THE DISPOSAL OR MANAGEMENT OF SOLID WASTE OR HAZARDOUS WASTE SHALL BE SUBJECT TO, AND COMPLY WITH, ALL FEDERAL, STATE, INTERSTATE, AND LOCAL REQUIREMENTS, BOTH SUBSTANTIVE AND PROCEDURAL (INCLUDING ANY REQUIREMENT FOR PERMITS OR REPORTING OR ANY PROVISIONS FOR INJUNCTIVE RELIEF AND SUCH SANCTIONS AS MAY BE IMPOSED BY A COURT TOENFORCE 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 SBJECT TO SUCH REQUIREMENTS, INCLUDING THE PAYMENT OF REASONABLE SERVICE CHARGES. NEITHER THEUNITED STATES, NOR ANY AGENT, EMPLOYEE, OR OFFICER THEREOF, SHALL BE IMMUNE OR EXEMPT FROM ANY PROCESS OR SANCTION OF ANY STATE OR FEDERAL COURT WITH RESPECT TO THE ENFORCEMENT OF ANY SUCH INJUNCTIVE RELIEF. THE PRESIDENT MAY EXEMPT ANY SOLID WASTE MANAGEMENT FACILITY OF ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY IN THE EXECUTIVE BRANCH FROM COMPLIANCE WITH SUCH A REUQIEMENT IF HE DETERMINES IT TO BE IN THEPARAMOUNT INTEREST OF THE UNITED STATES TO DO SO. NO SUCH EXEMPTION SHALL HAVE GRANTED DUE TO LACK OF APPROPRIATION UNLESS THEPRESIDENT SHALL HAVE SPECIFICALLY REQUESTED SUCH APPROPRIATION AS A PART OF THE BUDGETARY PROCESS AND THE CONGRESS SHALL HAVE FAILED TO MAKE AVAILABLE SUCH REQUETED APPROPRIATION. ANY EXMEPTION SHALL BE FOR A PERIOD NOT IN EXCESS OF ONE YEAR, BUT ADDITIONAL EXEMPTIONS MAY BE GRATED FOR PERIODS NOT TO EXCEEDONE 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 EXEMPTION. PRESIDENTIAL REPORT TO CONGRESS 42 USC 6961 EXEMPTIONS.

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"FEDERAL PROCUREMENT

42 USC 6962. "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 SECTIN, WITH RESPECT TO ANY PURCHASE OR ACQUISITION OF A PROCUREMENT ITEM WHERE THE PURCHASE PRICE OF THE ITEM EXCEEDS $10,000 OR WHERE THE QANTITY OF SUCH ITEMS OR OF FUNCTIONALLY EQUIVALENT ITEMS PURCHASED OR ACQUIRED IN THE COURSE OF THEPRECEDING FISCAL YEAR WAS $10,000 OR M ORE.

"(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 ENACTEMENT 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 OFENACTMENT 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

"(A) ARE NOT REASONABLY AVAILABLE WITHINA 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 DTERMINATION UNDERCLAUSE (II) SHALL BE MADE ON THE BASIS OF THE GUIDELINES OF THE BUREAU OF STANDARDS IN ANY CASE IN WHICH SUCH MATERIAL IS COVERED BY SUCH GUIDELINES.

"(2) AGENCIES THAT GENERATE HEAT, MECHNICAL, 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.

"(3) AFTER THE DATE SPECIFIED IN ANY APPLICABLE GUIDLINES 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.

"(D) SPECIFICATIONS. -- (1) ALL FEDERAL AGENCIES THAT HAVE THE RESPONSIBILTY FOR DRAFTING OR REVIEWING SPECIFIATIONS FOR PROCUREMENT ITEM PROCURED BY FEDERAL AGENCIES SHALL, IN REIVEWING THOSE SPECIFICATIONS, ASCERTAIN WHETHER SUCH SPECIFICATIONS VIOLATE THE PROHIBITIONS CONTAINED IN SUBPARAGRAPHS (A) THROUGH (C) OF PARAGRAPH (2). SUCH REVIEW SHALL BE UNDERTAKEN NOT LATER THAN EIGHTEEN MONTHS AFTER THEDATE 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 SHALLNOT REQUIRE THE ITEM TO BE MANUFACTURED FROM VIRGIN MATERIALS; AND

"(C) SUCH SPECIFICATIONS SHALL REQUIRERECLAIMED MATERIALS TO THE MAXIMUM EXTENT POSSIBLE WITHOUT JEOPARDIZING THEINTENDED END USE OF THE ITEM.

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

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SUCH GUIDELINES SHALL SET FORTH RECOMMENDED PRACTICES WITH

RESPECT TO THE PROCURMENT OF RECOVERED MATERIALS AND ITEMS

CONTAINING SUCH MATERIALS AND WITH RE-PECT TO CERTIFICATION BE

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.

"(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 PROCURMENT POLICY IN THE EXECUTIVE OFFICE OF THEPRESIDENT, IN COOPERATION WITH THE ADMINISTRATOR, SHALL IMPLEMENT THE POLICY EXPRESSED IN THIS SECTION. IT SHALL BE THE RESPONSBILITY OF THEOFFICE OF PROCUREMENT POLICY TO COORDINATE THIS POLICY WITHOTHER POLICIES FOR FEDERAL PROCUREMENT, IN SUCH A WAY AS TO MAXIMIZE THEUSE OF RECOVEFED RESOURCES, AND TO ANNUALLY REPORT TO THE CONGRESS ON ACTIONS TAKEN BY FEDERAL GAENCIES AND THE PROGRESS MADE IN THE IMPLEMENTATION OF SUCH POLICY.

"COOPERATION WITH ENVIRONMENTAL PROTECTION AGENCY

"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 APPRPRIATE INFORMATIN, FACILITIES, PERSONNEL, AND OTHER RESROUCES AVAILABLE, ON A REIMBURSABLE BASIS, TO THE ADMINISTRATOR UPON HIS REQUEST. 42 USC 6963.

"APPLICABILITY OF SOLID WASTE DOSPOSAL GUIDELINES TO EXECUTIVE AGENCIES

"SEC. 6004. (A) COMPLIANCE. -- (1) IF

"(A) AN EXECUTIVE AGENCY (AS DEFINED IN SECTION 105 OF THE 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 MANAGEMENT ACTIVITIES, OR

"(B) SUCH AN AGENCY ENTERS INTO A CONTRACT WITH ANY PERSON FOR THEOPERATION BY SUCH PERSON OF ANY FEDERAL PROPERTY OR FACILITY,AND THE PERFORMANCE OF SUCH CONTRACT INVOLVES SUCH PERSON IN SOLID WASTE MANAGEMENT ACTIVITIES, THEN SUCH AGENCY SHALL INSURECOMPLIANCE WITH THE GUIDELINES RECOMMENDED UNDER SECTION 1008 AND THE PURPOSES OF THIS ACT IN THE OPERATION OR ADMINISTRATION OF SUCH PROPERTY OR FACILITY, OR THEPERFORMANCE OF SUCH CONTRACT, AS THE CASE MAY BE. 42 USC 6964 ANTE, P. 2803.

"(2) EACH EXECUTIVE AGENCY WHICH CONDUCTS ANY AC TIVITY

"(B) WHICH, IF CONDUCTED BY A PERSON OTHER THAN SUCH AGENCY, WOULD REQUIRE A PERMIT OR LICENSE FROM SUCH AGENCY IN OFDER TO DISPOSE OF SUCH SOLID WASTE, SHALL INSURE COMPLIANCE WITH SUCH GUIDELINES AND THE PURPOSES OF THIS ACTIN CONDUCTING SUCH ACTIVITY.

"(3) EACH EXECUTIVE AGENCY WHICH PERMITS THE USEOF 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. REGULATIONS.

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ANTE, P. 2803. "(B) LICENSES AND PERMITS. -- EACH EXECUTIVE AGENCY WHIC ISSUES ANY LICENSE OR PERMIT FOR DISPOSAL OF SOLID WASTE SHALL, PRIOR TO THE ISSUANCE OF SUCH LISENCE OR PERMIT, CONSULT WITH THE ADMINISTRATOR TO INSURE COMPLIANCE WITH GUIDELINES RECOMMENDED UNDER SECTION1008 AND THE PURPOSES OF THIS ACT.

"SUBTITLE G -- MISCELLANEOUS PROVISIONS :EMPLOYEE PROTECTION

42 USC 6971. "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 TAHT SUCH EMPLOYEE OR REPRESENTATIVE HAS FILED, INSTITUTED, OR CAUSED TO BE FILED OR INSTITUTED ANY PROCEEDING UNDER THIS ACT OR UNDER ANY AAPPLICABLE 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.

APPLICATION TO SECRETARY FOR REVIEW. HEARING. NOTICE.

REHIRING OR REINSTATEMENT OF EMPLOYEE. JUDICIAL REVIEW.

"(B) REMEDY. -- ANY EMPLOYEE OR A REPRESENTATIVE OF EMPLOYEES WHO BELIEVES THAT HE HAS BEEN FIRED OR OTHEFWISE DISCFIMINATED 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 FORA PUBLIC HEARING AT THE REQUEST OF ANY PART TO SUCH REVIEW TO ENABLE THE PARTIES TOPRESENT INFORMATION RELATING TO SUCH ALLEGED VIOLATION. THE PARTIES SHALL BE GIEN 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 SHALLMAKE FINDIWGS OF FACT. IF HE FINDS THAT SUCH VIOLATIONDID OCCUR, HE SHALL ISSUE A D-CISION, INCORPORATING AN ORDER THEREIN ANDHIS FINDS, REQUIREING THE PARTY COMMITTING SUCH VIOLATION TO TAKE SUCH AFFIRMATIVE ACTION TO ABATE THE VIOLATION AS THESECRETARY OF LABOR DEEMS APPRORPIATE, INCLUDING, BUT NOT LIMITED TO, THE REHIRING OR REINSTATEMENT OF THEEMPLOYEE OR REPRESENTATIVE OF EMPLOYEES TO HIS FORMER POSITION WITH COMPENSATION. IF HE FINDS THAT THERE WAS NO SUCH VIOLATION, HE SHALLISSUE AN ORDER DENYING THE APPLICATION SUCH ORDER I-SUED BY THE SECRETARY OF LABOR UNDERTHIS SUBPARAGRAPH SHALL B SUBJECT TOJUDICIAL 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 AMONG 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 ASSESS AGAINST THE PERSON COMMITING 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.

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"(E) EMPLOYMENT SHIFTS AND LOSS.-- THE ADMINISTRATOR

EMPLOYER (OR HIS AGENT) DELIBERATELY VIOLATES ANY

REQUIREMENT OF THIS ACT.

(EE) EMPLOYMENT SHIFTS AND LOSS. -- THE ADMINISTRATOR SHALL CONDUCT CONTINUINGEVALUATIONS OF POTENTIAL LOSS OR SHIFTS OF EMPLOYMENT WHICH MAY RESULT FROM THE ADMINISTRATION O R ENFORCEMENT OF THE PROVISIONS OF THS ACT AND APPLICABLE IMPLEMENTATION PLANS, INCLUDING, WHERE APPROPRIATE, INVESTIGATING THREATNED PLANT CLOSURES OR REDUCTIONS IN EMPLOYMENT ALLEGEDLY RESULTING FROM SUCH ADMINISTRATION OR ENFORCEMENT. ANY EMPLOYEE WHO IS DISCHARGED, OR LAIDOFF THREATNEED WITH DISCHARGE OR LAYOFF, OR OTHERWISE DISCRIMINATED AGAINST BY ANY PERSON BECAUSE OF THE ALLEGED RESULTS OF SUCH ADMINISTRATION OR ENFORCEMENT, OR ANY REPRESENTATIVE OF SCUH ADMINISTRATION OR ENFORCMENT, OR ANY REPRESENTATIVE OF SUCH EMPLOYEE, MAY REQUEST THE ADMINISTRATOR TO CONDUCT A FULL INVESTIGATION OF THE MATTER. THE ADMINISTRATOR SHALL THEREUPON INVESTIGATE THE MATTER AND, AT THE REQUEST OF ANY PARTY, SHALL HOLD PUBLIC HEARINGS ON NOT LESS THAN FIVE DAYS'S 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 ANDSHALL BE SUBJECT TOSECTION 554 OF TITLE 5 OF THE UNITED STATES CODE. UPON RECEIVING THE REPORT OF SUCH INVESTIGATION, THEADMINISTRATORSHALL MAKE FINDINGS OF THE 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. NOTHIN IN THIS SUBSECTION SHALL BE CONSTRUED TO REQUIRE OR AUTHORIZE THE ADMINISTRATOR OR ANY STATE TO MODIFY OR WITHDRAW ANY STANDARD, LIMITATION, OR ANY OTHER REQUIREMENT OF THIS ACT OR ANY APPLICABLE IMPLEMENTATION PLAN. REQUEST FOR INVESTIGATION. HEARING. INFORMATION, AVAILABILITY TO PUBLIC..

"CITIZEN SUITS

"SEC. 7002. (A) IN GENERAL. -- EXCEPT AS PROVIDED IN SUBSECTION (B) OR (C) OR THIS SECTION, ANY PERSON MAY COMMENCE A CIVIL ACTION ON HIS OWN BEHALF -- 42 USC 6972.

"(1) AGAINST ANY PERSON (INCLUDING (A) THEUNITED 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, REGULATIN, 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 DULY UNDER THIS ACT WHICH IS NOT DISCRETIONARY WITH THE ADMINISTRATOR.

ANY ACTION UNDER PARAGRAPH (A)(1) OF THIS SUBSECTION SHALL BE BROUGHT IN THE DISTRICT COURT FOR THEDISTRICT INWHICH THE A-LEGED VIOLATION OCCURRED. ANY ACTION BROUGH T 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 SHALLHAVE JURISDICTION, WITHOUT REGARD TO THE AMOUNT IN CONTROVERSY OR THE CITIZENSHIPOF THE PARTIES, TO ENFORCE SUCH REGULATION OR ORDER, OR TO ORDER THE ADMINISTRATOR TO PERFORMSUCH ACT OR DUTY AS THE CASE MAY BE.

"(1) PRIOR TO SICTY DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE OF THE VIOLATION (A) TO THE ADMINISTRATOR; (B) TO THE STATE INWHICH THE ALLEGED VIOLATIONOCCURS; AND (C) TO ANY ALLEGED VIOLATOR OF SUCH PERMIT, STANDARD, REGULATION, CONDITION, REQUIREMENT, OR ORDER; OR.

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"(2) IF THE ADMINISTRATOR OR STATE HAS COMMENCED AND IS 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.

42 USC 3245F. "(C) NOTICE. -- NO ACTIONMAY BE COMMENCED UNDER PARAGRAPH (A)(2) OF THIS SECTION PRIOR TO SIXTY DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE TO THE ADMINISTRATOR THAT HE WILL COMMENCE SUCH ACTION,EXCEPT THAT SUCH ACTION MAY BE BROUGHT IMMEDIATELY AFTER SUCH NOTIFICATION IN THE CASE OF AN ACTION UNDER THIS SECTION RESPECTING A VIOLATION OF SUBTITLE C OF THIS ACT. NOTICE UNDER THIS SUBSECTION SHALL BE GIVEN IN SUCH MANNER AS THE ADMINISTRATOR SHALL PRESCRIBE BY REGULATION. ANY ACTION RESPECTING A VIOLATION UNDER THIS ACT MAY BE BROUGHT UNDER THIS SECTIONONLY IN THE JUDICIAL DISTRICT IN WHICH SUCH ALLEGED VIOLATION OCCURS.

"(D) INTERVENTION. -- IN ANY ACTION UNDER THIS SECTIONTHE ADMINISTRATOR, IF NOT A PARTY, MAY INTERVENE AS A MATTER OF RIGHT.

28 USC APP. "(E) COSTS. -- THE COURT, IN ISSUING ANY FINAL ORDER IN ANY ACTION BROUGHTPURSUANT TO THIS SECTION,MAY AWARD COSTS OF LITIGATION (INCLUDING REASONABLE ATTORNEY AND EXPERT WITNESS FEES) TO ANY PARTY, WHENEVER THE COURT DETERMINES SUCH AN AWARD IS APPROPRIATE. THE COURT MAY, IF A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION IS SOUGHT, REQUIRE THE FILING OF A BOND OR EQUIVALENT SECURITY IN ACCORDANCE WITH THE FEDERAL RULES OF CIVIL PROCEDURE.

"(F) OTHER RIGHTS PRESERVED. -- -NOTHIN IN THIS SECTION SHALL RESTRICT ANY RIGHT WHICH ANY PERSON (OR CLASS OF PERSONS) MAY HAVE UNDER ANY STATUTE OR COMMON LAW TO SEEK ENFOR-EMENT OF ANY STANDARD OR REQUIREMENT RELATING TO THE MANAGEMENT OF SOLID WASTEOR HAZARDOUS WASTE, OR TO SEEK ANY OTHER RELIEF (INCLUDING RELIEF AGAINST THE ADMINISTRATOR OR A STATE AGENCY).

"IMMINENT HAZARD

42 USC 6973. "SEC. 7003. NOTWITHSTANDING ANY OTHER PROVISIONS 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 EHALTH OR THE ENVIRONMENT THE ADMINISTRATOR MAY BRING SUIT ON BEHALF OF THE UNITED STATES IN THE APPRORPIATE DISTRICTCOURT TO IMMEDIATELY RESTRAIN ANY PERSON CONTRIBUTING TO THE ALLEGED DISPOSAL TO STOP SUCH HANDLING, STORAGE, TREATMENT, TRANSPORTATION, OR DISPOSAL OR TO TAKE SUCH OTHER ACTION AS MAY BE NECESSARY. THE ADMINISTRATOR SHALL PROVIDE NOTICE TO THE AFFECTED STATE OF ANY SUCH SUIT.

"PETITION FOR REGULATIONS; PUBLIC

PARTICIPATION

PUBLICATION IN FEDERAL REGISTER 42 USC 6974. "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 ACTIONWITH 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. -- PUBLIC PARTICIPATION IN THE DEVELOPMENT,REVISION,IMPLEMENTATION, AND ENFORCEMENT OF ANY REGULATION, GUIDELINES, INFORMATION, OR PROGRAM UNDER THIS ACT SHALL BE PROVIDED FOR, ENCOURAGED, AND ASSISTED BY THE ADMINISTRATOR AND THE STATES.

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THE ADMINISTRATOR, IN COOPERATION WITH THE STATES, SHALL DEVELOP AND PUBLSH MINIMUM GUIDELINES FOR PUBLIC PARTICIPATION IN SUCH PROCESSES.

"SEPARABILITY

"SEC. 7005. IF ANY PROVISION OF THIS ACT, OR THE APPLICATION OF ANY PROVISIONOF 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. 42 USC 6975.

"JUDICIAL REVIEW

"SEC. 7006. ANY JUDICIAL REVIEW OF FINAL REGULATIONS PROMULGATED PURSUANT TO THIS ACT SHALL BE IN ACCORDANCE WITH SECTIONS 701 THROUGH 706 OF TITLE 5 OF THE UNITED STATES CODE, EXCEPT THAT -- 42 USC 6976.

"(1) A PETITIONFOR 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 THEDATE 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 TOJUDICIAL REVIEW IN CIVIL OR CIRMINAL PROCEEDINGS FOF ENFORCEMENT; AND

"(2) IN ANY JUDICIAL PROCE-DING BROUGH 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 THEADMINISTRATOR, THE COURT MAY ORDERSUCH ADDITIONAL EVIDENCE (AND EVIDENCE IN REBUTTAL MAY ORDER SUCH ADDITIONAL EVIDENCE (AND EVIDEN-E IN REBUTTAL THEREOF) TO BE TAKEN BEFORE THEADMINISTRATOR, AND TO BE ADDUCED UPON THE HEARING IN SUCH MANNER AND UPON SUCH TERMS AND CONDITIONS AS THECOURT 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 FINDSINGS AND HIS RECOMMENDATION, IF ANY, FOR THE MODIFICATION OR SETTING ASIDE OF HIS ORIGINAL ORDER, WITH THE RETURN OF SUCH ADDITIONAL EVIDENCE.

"GRANTS OR CONTRACTS FOR TRAINING PROJECTS

"SEC. 7007. (A) GENERAL AUTHORITY. -- THE ADMINISTRATOR IS AUTHORIZED TO MAKE GRANTS TO,AND CONTRACTS WITH ANY ELIGIBLE ORGANIZATION. FOR PURPOSES OF THIS SECTION THE TERM "ELIGIBLE ORGANIZATION" MEANS A STATE OR INTERSTATE AGENCY, A MUNICIPALITY, EDUCATIONAL INSTITUTION, AND ANY OTHER ORGANIZATION WHICH IS CAPABLE OF EFFECTIVELY CARRYING OUT A PROJECT WHICH MAY BE FUNDED BY GRANT UNDER SUBSECTION (B) OF THIS SECTION. 42 USC 6977. "ELIGIBLE ORGANIZATION."

"(B) PURPOSES. -- (1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2), GRANTS OR CONTRACTS MAY BE MADE TO PAY ALL OR A PART OF THE COSTS, AS MAY BE DETERMINED BY THE ADMINISTRATOR, OF ANYPROJECT OPERATED OR TO BE OPERATED BY ANELIGIBLE ORGANIZATION, WHICH IS DESIGNED

"(A) TO DEVELOP, EXPAND, OR CARRY OUT A PROGRAM (WHICH MAY COMBINE TRAINING,EDUCATION,AND EMPLOYMENT) FOR TRAININGPERSONS FOR OCCUPATIONS INVOLVING THE MANAGEMENT, SUPERVISION, DESIGN, OPERATION,OR MAINTENANCE OF SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY EQUIPMCNT AND FACILITIES; OR

"(B) TO TRAIN INSTRUCTORS AND SUPERVISORY PERSONNELTO TRAIN OR SUPREVISE PERSONS IN OCCUPATIONS INVOLVING THE DESIGN, OPERATION, AND MAINTENANCE OF SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY EQUIPMENT AND FACILITIES.

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42 USC 3254A. ANTE. P. 2795. "(2) A GRANT OR CONTRACT AUTHORIZED BY PARAGRAPH (1) OF THIS SUBSECTION MAY BE MADE ONLY UPON APPLICATION TO THE ADMINISTRAOTR AT SUCH TIME OR TIMES AND CONTAINING SUCH INFORMATIONAS HE MAY PRESCRIBE, EXEPT THAT NOSUCH APPLICATION SHALL BE APPROVED UNLESS IT PROVIDES FOR THE SAME PROCEDURES AND REPORTS (AND ACCESS TO SUCH REPORTS AND TO OTHER RECORDS) AS REQUIRD BY SECTION 207(B)(4) AND (5) (S IN EFFECT BEFORE THE DATE OF THE ENACTMENT OF RESOURCE CONSERVATION AND RECOVERY ACT OF 1976) WITH RESPECT TO APPLICATIONS MADE UNDER SUCH SECTION (AS IN EFFECT BEFORE THE DATE OF THE ENACTMENT OF RESOURCE CONSERVATION AND RECOVERY ACT OF 1976).

"(C) STUDY. -- THE ADMINISTRATOR SHALLMAKE A COMPLETE INVESTIGATION ANDSTUDY 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 TRAINSUCH PERSONNEL; AND

"(3) THE EXTENT AND NATURE OF OBSTACLES TO EMPLOYMENT AND OCCUPATIONAL ADVNCEMENT IN THE SOLID WASTE MANAGEMENT AND RESOURCE RECOERY FIELD WHICH MAY LIMIT EITHER AVAILABLE MANPOWER OR THE ADVANCEMENT OF PERSONNEL IN SUCH FIELD.

REPORT TO PRESIDENT AND CONGRESS. HE SHALL REPORT THE RESULTS OF SUCH INVESTIGATION AND STUDY, INCLUDING HIS RECOMMENDATIONS TO THE PRESIDENT AND THE CONGRESS.

"PAYMENTS

42 USC 6978 "SEC. 7008. (A) GENERAL RULE. -- PAYMENT OF GRNTS UNDER THIS ACT MAY BE MADE (AFTER NECESSARY ADJUSTMENT ON ACCOUNT OR 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 PROVATE PROFITMAKING ORGANIZATION.

"LABOR STANDARDS

42 USC 6979. "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 RASONABLE ASSURANCE THAT ALL LABORERS AND MECHANICS EMPLOYED BY THE DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 276-A-276-A-5), WILL BE PAID WAGES AR 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 THELABOR 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).

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"SUBTITLE H -- RESEARCH, DEVELOPMENT, DEMONSTRATION, AND INFORMATION "RESEARCH, DEMONSTRATIONS, TRAINING, AND OTHER ACTIVITIES

"SEC. 8001. (A) GENERAL AUTHORITY. -- THE ADMINISTRATOR, ALONE OR AFTERCONSULTATION WITH THE ADMINISTRATOR OF THE FEDERAL ENERGY ADMINISTRATION, THE ADMINISTRATOR OF THE ENERGY RESERARCH AND DEVELOPMENT ADMINISTRATION, OR THE CHAIRMAN OF THE FEDERAL POWER COMMISSION,SHALL CONDUCT, AND ENCOURAGE, COOPERATE WITH,AND RENDER FINANCIAL AND OTHRE ASSISTANCE TO APPROPRIATE PUBLIC (WHETHER FEDERAL, STATE,INTERSTATE, OR LOCAL) AUTHORITIES, AGENCIES, AND INSTITUTIONS, PRIVATE AGENCIES AND INSTITUTIONS, AND INDIVIDUALS INTHE CONDUCT OF, AND PROMOTE THE COORDINATION OF, RESERACH, INVESTIGATIONS, EXPERIMENTS, TRAINING, DEMONSTRATIONS, SURVEYS, PUBLIC EDUCATION PROGRAMS, AND STUDIES RELATING TO -- 42 USC 6981.

"(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 WASTEMANAGEMENT PROGRAMS;

"(3) THE PLANNING, IMPLEMENTATION, AND OPERATION OF RESOURCE RECOVERY AND RESOURCE CONSERVATION SYSTEMS AND HAZARDOUS WASTE MANAGEMENT SYSTEMS, INCLUDING THEMARKTING 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 WASTEAND AND RECOVERING MATERIALS AND ENERGY FROM SOLID WASTES;

(7) THE IDENTIFICATION OF SOLID WASTE COMPONENTS AND POTENTIAL MATERIALS AND ENERGY RECOVERABLE FROM SUCH WASTE COMPONENETS;

"(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 RECOVERE- FROM SOLID WASTE AND THE RELATIONSHIP OF SUCH PERFORMANCE CHARACTERISTICS TO AVAIALABLE AND POTENTIALLY AVAILABLE MARKETS FOR SUCH RESOURCES;

"(10) IMPROVEMENTS IN LAND DISPOSAL PRACTICES FOR SOLID WASTE (INCLUDING SLUDGE) WHICH MAY RKDUCE 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 RESTORINGAREAS DAMAGED BY SUCH EARLIER OR EXISTING LANDFILLS, MEANS FOR RENDERING LANDFILLS SAFE FOR PURPOSES OF CONSTRUCTION AND OTHER USES, AND TECHNIQUES OF RECOVERING MATERIALS AND ENERGY FROM LANDFILLS;

"(11) METHODS FOR THESOUND DISPOSAL OF, OR RECOVERY OF RESOURCES, INCLUDING ENERGY, FROM, SLUDGE (INCLUDING SLUDGE FROM POLLUTION CONTROLAND TREATMENT FACILITIES, COAL SLURRY PIPELINES, AND OTHER SOURCES);

"(12) METHODS OF HAZARDOUS WASTE MANAGEMENT, INCLUDING METHODS OR RENDERING SUCH WASTE ENVIRONMENTALLY SAFE; AND

"(13) ANY ADVERSE EFFECTS ON AIR QUALITY (PARTICULARLY WITH REGARD TO EMISSION OF HEAVY METALS) WHICH RESULT FROM SOLID WASTE WHICH IS BURNED (EITHER ALONE OR IN CONJUNCTION WITH OTHER SUBSTANCES) FOR PURPOSES OF TREATMENT, DISPOSAL, O R 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 RESERACH, 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 TECHNOLOYG (OR OTHER DISCOVERIES) FROM THE RESERACH PHASE, THROUGH DEVELOPMENT, AND INTO THE DEMONSTRATION PHASE.

"(B) THE ADMINISTRATOR SHALL (I) ASSIST, ON THE BASIS OF ANY RESEARCH PROJECTS WHICH AR DEVELOPED WITH ASSISTANCE UNDER THIS ACT OR WIHTOUT FEDERAL ASSISTANCE, THECONSTRUCTION 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 DEISGN CONCEPTS OR TO TEST THEPERFORMANCE, EFFICIENCY,AND ECONOMIC FEASIBILITY OF A PARTICULAR METHOD OR TECHNOLOGY UNDER ACTUAL OPERATING CONDITIONS. EACH SUCH DEMONSTRATIO 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 FESERACH AND DEVELOPMENT ADMINISTRATION PURSUANT TO THIS OR ANY OTHER ACT SHALL BE ADMINISTEREDIN ACCORDANCE WITH THE MAY 7, 1976, INTERAGENCY AGREEMENT BETWEEN THEENVIRONMENTAL PROTECTION AGENCY AND THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION ON THEDEVELOPMENT 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 AGNCY AND THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION, FOLLOWING WHICH PROJECT RESPONSIBILTY 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 THEENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION; (C) THEENVIRONMENTAL PROTECTION AGENCY SHALL RETAIN RESPONSBILITY FOR THE EN-IRONMENTAL, 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 UNDERTAKENUNDER PROVISIONS OF SECTIONS 8002 A-D 8003 AS RELATED TO ENERGY; AS RELATED TO ENERGY OR SYNTHETIC FUELS RECOVERY FROM WASTE; OR AS RELATED TO ENERGY CONSERVATOIN 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( ), 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 FOR BOTH (INCLUDING CONTRACTS FOR CONSTRUCTION) SHALL BE MADE IN ACCORDANCE WITH AND SUBJECT TO THELIMITATIONS PROVIDED WITH RESPECT TO RESEARCH CONTRACTS OF THE MILITARY DEPARTMENTS IN TITLE 10, UNITED STATES CODE, SECTION 2353, EXCEPT THAT THE DETERMINATION, APPROVAL, AND CERTIFICATION REQUIRD THEREBY SHALL BE MADE BY THE ADMINISTRATOR.

"(3) ANY INVENTION MADE OR CONCIEVED IN THE COURSE OF, OR UNER, 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 THECOURSE OF CONTRACTS UNDER SUCH ACT, EXCEPT THAT IN APPLYING SUCH SECTION, THE ENVIRONMENTAL PFOTECTION AGENCY SHALL BE SUBSTITUTED FOR THE ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION, AND THE WORDS 'SOLID WASTE' SHALL BE SUBSTITUTED FOR TH E WORD 'ENERGY' WHERE APPROPRIATE. 42 USC 5908.

"(4) FOR CARRYING OUT THE PURPOSE OF THIS ACT THE ADMINISTRATOR MAY DETAIL PERSONNEL OF THE ENVIRONMENTAL PROTECTION AGENCY TO AGENCIES ELIGIBLE FOR ASSISTANCE UNDER THIS SECTION. DETAIL OF EPA PERSONNEL TO OTHER AGENCIES.

"SPECIAL STUDIES; PLANSFOR RESEARCH,

DEVELOPMENT,AND DEMONSTRATIONS

"SEC. 8002. (A) GLASS AND PLASTIC. -- THE ADMINISTRAOTR 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. 42 USC 6982.

"(B) COMPOSITION OFWASTE STREAM. -- THE ADMINISTRATOR SHALL UNDERTAKE A SSYTEMATIC STDY OF THE COMPOSITION OF SUCH STREAM AND OF ANTICIPATED FUTURE CHANGES IN THE COMPOSITION OF SCUH STREAM AND SHALL PUBLSH A REPORT CONTAINING THE RESULTS OF SCH STUDY AND QUANTITATIVELY EVALUATING THE POTENTIAL UTILITY OF SUCH OOMPONENTS.

"(C) PRIORITIES STUDY. -- FOR PURPOESE OF DETERMINING PRIORITIES FOR RESEARCH ON RECOVERY OF MATERIALS AND ENERGY FROM SOLID WASTE AND DEVELOPING MATERIALS AND ENERGY RECOVERY RESEARCH, DEVELOPMENT, AND DEMONSTRATION STRATGIES, THE ADMINISTRAOTR SHALL REVIEW, AND MAKE A STUDY OF, THE VARIOUS EXISTING AND PROMISING TECHNIQUES OF ENERGY RECOVERY FROMSOLID WASTE (INCLUDING, BUT NOT LIMITED TO, WATERWALL FURNACE INCINERATORS, DRY SHREDDED FUEL SYSTEMS, PYROLYSIS, DENSIFIED REFUSE-DERIVED DUEL 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 THEPOTENTIAL RESULTS

OF SUCH RESEARCH, DEVELOPMENT, OR DEMONSTRATION,

"(2) THE POTENTIAL FOR RESEARCH , DEVELOPMENT, AND DEMONSTRATION WITHOUT FEDERALACTION, 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 THETECHNOLOGY TO THEPOINT 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 RECO-ERY SYSTEMS WHICH HAVE SPECIALAPPLICATION TO MULTIPLE DWELLING UNITS AND HIGH DENSITY HOUSING AND OFFICE COMPLCXES. SUCH STUDY AND ANALYSIS SHALL INCLUDE AN INVESTIGATION OF THE DEGREE TO WHICH SCUH SYSTEMS COULD CONTRIBTE TO ENERGY CONSERVATION.

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

"(F) MINING WASTE. -- THE ADMINISTRATOR, IN CONSULTATION WITH THESECRETARY 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 OFMEANS AND MEASURES CURRENTLY EMPLOYED BY THE MINING INDUSTRY, GOVERNMENET AGENCIES, AND OTHERS TO DISPOSE OF AND UTILIZE SUCH SOLID WASTES AND TO PREVENT OR SUBSTANTIALLY MITIGATE SUCH ADVERSE EFFECTS. SUCY STUDY SHALL INCLUDE AN ANALASYS OF

"(1) THESOURCES AND VOLUME OF DISCARDED MATERIAL GENERATED PER YEAR FORMMINING;

"(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 TH- IMPACT OF MINE PRODUCT COSTS; AND

"(6) POTENTIAL FOR USE OF DISCARDED MATERIAL AS A SECONDARY SOURCE OF THE MINE PRODUCT.

IN FUTHERANCE OF THIS STUDY, THE ADMINISTRATOR SHALL, AS HE DEEMS APPROPRIATE, REVIEW STUDIES AND OTHER ACTIONS OF OTHER FEDERAL AGENCIES CONCERNING SUCH WASTES WITH A VEIW TOWARD AVOIDING DUPLICATION OF EFFORT AND THE NEED TO EXPEDITE SUCH STDY. THE ADMINISTRAOTR SHAL PUBLISH A REPORT OF SUCH STUDY AND SHALL INCLUDEAPPROPRIATE 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 OPERATINS SUCH AS EXTRACTION OF OIL FROM SHALE, LIQUEFACTIONADN 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 SLUGE;

"(4) METHODS OF DISPOSAL OF SUCH SLUDGE, INCLUDING THE COST, EFFICIENCY, AND EFFEDTIVENESS 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 RELCAIM 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 INTHE COLLECTION, RECOVERY OR RESOURCES INCLUDINGENERGY, AND USEOF SUCH TIRES.

"(I) RESOURCE RECOVERY FACILITIES. -- THE ADMINISTRATOR SHALL CONDUCT RESEARCH AND REPORT ON THE ECONMICS OF, AND IMPEDEMENTS, 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, TH E SECRETARY OF TREASURY,THE SECRETARY OF THE INTERIOR, THE SECRETARY OF ENERGY, THE CHAIRMAN OF THE COUNCIL OF ECONOMIC ADVISORS, AND A REPRESENTATIVE OF THE O-FICE OF MANAGEMENT AND BUDGET, WHICH SHALL CONDUCT A FULL AND COMPELTE INVESTIGATION AND STUDY OF ALL ASEPCTS OF THE ECONOMIC, SOCIAL, AND ENVIRONMENTAL CONSEQUENCES OF RESOURCE CONSERVATION WITH RESPECT TO

"(A) THE APPRORPIATENESS 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 RESTRICTING THE MANUFACTURE OR USE OF CATEGORIES OF CONSUMER PRODUCTS AS A RESOURCE CONSERVATION STRATEGY;

"(D) THE APPROPRIATENESS AND FEASIBILITY OF EMPLOYING AS A RESOURCE CONSERVATION STRATEGY THE IMPOSITION OF SOLID WASTEMANAGEMENT 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 REUQIRED IN PARAGRAPH (1)(D) MAY INCLUDE

PILOT SCALE PROJECTS, AND SHALL CONSIDER AND EVALUATE

ALTERNATIVE STRATEGIES WITH RESPECT TO -- PILOT SCALE

PROJECTS.

"(A) THE PRODUCT CATEGORIES ON WHICH SUCH CHARGES WOULD BE IMPOSED;

"(B) THE A-PROPRIATE STATE IN THE PRODUCTION OF SUCH CONSUMER PRODUCT AT WHICH TO LEVY- SUCH CHARGES FOR EACH CONSUMER PRODUCT CATEGORY;

"(D) METHODS FOR THE ADJUTMENT OF SUCH CHARGES TO RELFECT ACTIONS SUCH AS RECYCLING WHICH WOULD REDUCE THE OVERALL QUNATITIES OF SOLID WASTE REQUIRING DISPOSAL; AND

"(E) PROCEDURES FOR AMENDING,MODIFYING, OR REVISING SUCH CHARGES TO REFLECT CHANGING CONDITIONS.

"(3) THE DESIGN FOR THE STUDY REQUIRED IN PARAGRAPH (1) OF THIS SUBSECTION SHALL INCLUDE TIMETABLES FOR THE COMPLETION OF THE STUDY. A PRELIMINARY REPORT PUTTING FORTH THE STUDY DESIGN SHALL BE SENTTO THE PRESDIENT AND THE CONGRESS WITHINSIX 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. STUDY DESIGN. REPORT TO PRESIDENT AND CONGRESS.

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REPORT TO PRESIDENT AND CONGRESS. "(4) THERESULTS OF SUCH INVESTIGATION AND STUDY, INCLUDING RECOMMENDATIONS, SHALL BE REPORTED TO THE PRESIDENT AND THECONGRESS NOT LATER THAN TWO YEARS AFTER ENACTMENT OF THIS SUBSECTION.

APPROPRIATION AUTHORIZATION. "(5) THERE AREAUTHORIZED TO BE APPROPRIATED NOT TO EXCEED $2,000,000 TO CARRY OUT THIS SUBSECTION.

"(K) AIRPORT LANDFILLS. -- THE ADMINISTRATOR SHALL UNDERTAKE A COMPREHENSIVE SUTDY 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, REUIRED UNDER SUBSECTINS (B), (C), (D), (E), (F), (G), AND (K) NOT LATER 0HAN OCTOBER 1, 1978. THE ADMINISTRATOR SHALL COMPLETETHE RESEARCH AND STUDIES, AND SUBMIT THE REPORTS, REQUIRED UNDER SUBSECTIONS (A), (H), AND (I) NO T LATER THAN OCTOBER 1, 1979. UPON COMPLETION, EACH STUDY SPECIFI