TO AMEND THE SOLIDWASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE RECOVERY ACT OF 1970.

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

SECTION 1. THIS ACT MAY BE CITED AS THE "ENERGY RECOVERY AND RESOURCE CONSERVATION ACT OF 1974".

SEC. 2. THE SOLID WASTE DISPOSAL ACT, AS AMENDED BY THE RESOURCE RECOVERY ACT OF 1970, IS AMENDED TO REAS AS FOLLOWS:

"TITLE I

"FINDINGS AND PURPOSES

"SEC. 102.(A) THE CONGRESS FINDS THAT.

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"(1) THE ENERGY RECOVERY POTENTIAL FROM MATERIALS NOW BEING DISCARDED IN SOLID WASTE COULD SUBSTANTIALLY CONTRIBUTE TO NEEDED ENERGY PRODUCTION; "(2) THE CONTINUING TECHNOLOGICAL DEVELOPMENTS IN METHODS OF MANUFACTURE, PACKAGING, AND MARKETING OF CONSUMER PRODUCTS HAVE RESULTED IN AN EVER-MOUNTING INCREASE, AND IN A CHANGE IN THE CHARACTERISTICS, OF THE MASS OF MATERIAL DISCARDED BY THE PURCHASERS OF SUCH PRODUCTS;

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

"(4) THE CONTINUING SHIFTS IN OUR POPULATION HAVE PRESENTED MANY COMMUNITIES WITH SERIOUS FINANCIAL, MANAGEMENT, INTERGOVERNMENTAL,AND TECHNICAL PROBLEMS IN THE RECOVERY AND DISPOSAL OF SOLID WASTES, RESULTING FROM INDUSTRIAL, COMMERCIAL, DOMESTIC, RECREATIONAL, AND OTHER ACTIVITIES.

THE NEED FOR A NATIONAL MATERIALS POLICY

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"(5) THE PRESENT PROLIFERATION OF SOLID WASTES AND INEFFICIENT AND IMPROPER METHODS OF RECOVERY AND DISPOSAL OF SOLID WASTES ARE CREATING INCREASINGLY SERIOUS HAZARDS TO THE PUBLIC HEALTH AND WELFARE, INCLUDING POLLUTION OF AIR AND WATER RESOURCES, ACCIDENT HAZARDS, INCREASES IN RODENT AND INSECT VECTORS OF DISEASE, AND SCENIC BLIGHTS THAT HAVE AN ADVERSE EFFECT ON LAND VALUES, CREATE PUBLIC NUISANCES, AND OTHERWISE INTERFERE WITH COMMUNITY LIFE AND DEVELOPMENT;

"(6) THE FAILURE OR INABLITY TO SALVAGE, RECOVER, AND REUSE SUCH MATERIALS AND THE ENERGY FROM SUCH MATERIALS ECONOMICALLY RESULTS IN THE UNNECESSARY WASTE AND DEPLETION OF OUR INCREASINGLY SCARCE NATURAL RESOURCES; AND

"(7) WHILE THE COLLECTION AND DISPOSAL OF SOLID WASTES SHOULD CONTINUE TO BE PRIMARILY THE FUNCTION OF STATE, REGIONAL, AND LOCAL AGENCIES, THE PROBLEMS OF WASTE RECOVERY AND DISPOSAL AS SET FORTH ABOVE HAVE BECOME A MATTER NATIONAL IN SCOPE AND CONCERN AND NECESSITATE FEDERAL ACTION THROUGH CHANGES IN POLICIES AND PROGRAMS, DEVELOPMENT OF REGULATIONS, AND PRIVISION OF FINANCIAL AND TECHNICAL ASSISTANCE TO PROVIDE LEADERSHIP IN THE DEVELOPMENT, DEMONSTRATION, AND APPLICATION OF NEW AND IMPROVED METHODS, PROCESSES, AND POLICIES TO REDUCE THE AMOUNT OF WASTE AND UNSALVAGEABLE MATERIALS AND TO PROVIDE FOR PROPER AND ECONOMICAL SOLID WASTE RECOVERY AND DISPOSAL PRACTICES.

THE NEED FOR A NATIONAL MATERIALS POLICY

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"(B) THE PURPOSES OF THIS ACT THEREFORE ARE:

"1) TO PROMOTE THE DEMONSTRATION, CONSTRUCTION, AND APPLICATION OF ENERGY RECOVERY AND SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY SYSTEMS WHICH CONSERVE NATURAL RESOURCES AND PRESERVE AND ENHANCE THE QUALITY OF AIR, WATER, AND LAND RESOURCES;

"(2) TO PROVIDE TECHNICAL AND FINANCIAL ASSISTANCE TO STATES AND LOCAL GOVERNMENTS AND INTERSTATE AGENCIES IN THE PLANNING AND DEVELOPMENT OF SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY SYSTEMS;

"(3) TO PROMOTE A NATIONAL RESEARCH AND DEVELOPMENT PROGRAM FOR IMPROVEMENT MANAGEMENT TECHNIQUES, MORE EFFECTIVE ORGANIZATIONAL ARRANGEMENTS, AND NEW AND IMPROVED METHODS OF COLLECTION, SEPARATION, RECOVERY, AND RECYCLING OF SOLID WASTES, AND THE ENVIRONMENTALLY SAFE DISPOSAL OF NONRECOVERABLE RESIDUES;

"(4) TO PROVIDE FOR TRAINING GRANTS IN OCCUPATIONS INVOLVING THE DESIGN, OPERATION, AND MAINTENANCE OF RESOURCE RECOVERY AND SOLID WASTE DISPOSAL SYSTEMS;

"(5) TO ENCOURAGE COOPERATIVE ACTIVITIES BY THE STATES AND LOCAL GOVERNMENTS IN THE DEVELOPMENT AND IMPLEMENTATION OF SOLID WASTE DISPOSAL AND RESOURCE RECOVERY SYSTEMS; AND ENCOURAGE THE ENACTMENT OF IMPROVED AND, SO FAR AS PRACTICABLE, UNIFORM STATE AND LOCAL LAWS GOVERNING SOLID WASTE DISPOSAL AND RESOURCES RECOVERY.

THE NEED FOR A NATIONAL MATERIALS POLICY

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"(6) TO AID THE CLEANUP OF INNER CITY AREAS AND OTHER PLACES WHICH HAVE ENCOUNTERED PARTICULARLY SEVERE HEALTH PROBLEMS AND OTHER ENVIRONMENTAL DANGERS BECAUSE OF THE PROLIFERATION OF SOLID WASTE;

"(7) TO PROTECT THE PUBLIC HEALTH AND WELFARE THROUGH ESTABLISHMENT OF REGULATIONS FOR PACKAGING PRACTICES AND OTHER MANUFACTURING PROCESSES AND PRODUCTS WHICH CONTRIBUTE TO SOLID WASTE MANAGEMENT PROBLEMS; AND

"(8) TO ESTABLISH AND EXPAND PROGRAMS AND POLICIES IN THE INTEREST OF PUBLIC HEALTH AND WELFARE TO EMPHASIZE RECYCLING AND RECOVERY OF RESOURCES, RATHER THAN WASTE DISPOSAL AND EXCESSIVE USE OF RAW MATERIALS.

"DEFINITIONS

"SEC. 103. WHEN USED IN THIS ACT:

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

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"(2) THE TERM 'CONSTRUCTION', WITH RESPECT TO ANY PROJECT OF CONSTRUCTION UNDER THIS ACT, MEANS (A) THE ERECTION OR BUILDING OF NEW STRUCTURES AND ACQUISITION OF LANDS OR INTERESTS THEREIN, OR THE ACQUISITION, REPLACEMENT, EXPANSION, REMODELING, ALTERATION, MODERNIZATION, OR EXTENSION OF EXISTING STRUCTURES, AND (B) THE ACQUISITION AND INSTALLATION OF INITIAL EQUIPMENT OF, OR REQUIRED IN CONNECTION WITH, NEW OR NEWLY ACQUIRED STRUCTURES OR THE EXPANDED, REMODELED, ALTERED, MODERNIZED, OR EXTENDED PART OF EXISTING STRUCTURES (INCLUDING TRUCKS AND OTHER MOTOR VEHICLES, AND TRACTORS, CRANES, AND OTHER MACHINERY) NECESSARY FOR THE PROPER UTILIZATION AND OPERATION OF THE FACILITY AFTER COMPLETION OF THE PROJECT; AND INCLUDES PRELIMINARY PLANNING TO DETERMINE THE ECONOMIC AND ENGINEERING FEASIBILITY AND THE PUBLIC HEALTH AND SAFETY ASPECTS OF THE PROJECT, THE ENGINEERING, ARCHITECTURAL, LEGAL, FISCAL, AND ECONOMIC INVESTIGATIONS AND STUDIES, AND ANY SURVEYS, DESIGNS, PLANS, WORKING DRAWINGS, SPECIFICATIONS, AND OTHER ACTION NECESSARY FOR THE CARRYING OUT OF THE PROJECT, AND (C) THE INSPECTION AND SUPERVISION OF THE PROCESS OF CARRYING OUT THE PROJECTS TO COMPLETION.

"(3) THE TERM 'CONSUMER PRODUCT' MEANS THOSE PRODUCTS WHICH ARE NOT NORMALLY DISPOSED OF IN SOLID OR LIQUID WASTE DISPOSAL SYSTEMS INCLUDING ANY FOOD OR BEVERAGE AND INCLUDING THOSE PRODUCTS INTENDED FOR CONSUMPTION BY ANIMALS, AND ANY OTHER OBJECT INTENDED FOR OR CAPABLE OF RETAIL SALE AND RESIDENTIAL, COMMERCIAL, INDUSTRIAL, OR RECREATIONAL USE, EXCEPT WHERE SUCH OBJECT IS INTENDED TO BECOME PART OF A COMMERCIAL OR INDUSTRIAL PROCESS.

THE NEED FOR A NATIONAL MATERIALS POLICY

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"(4) THE TERM 'CONTAINER' MEANS ANY CONTAINER, PACKAGE, OR WRAPPING MATERIAL WHICH IS SOLD WITH A CONSUMER PRODUCT OR SHIPPED WITH SUCH PRODUCT FROM THE FACILITY AT WHICH SUCH PRODUCT IS CREATED BUT WHICH WAS NOT PART OF SUCH PRODUCT IN ITS RAW AGRICULTURAL OR VIRGIN MATERIAL STATE AND IS NOT INTENDED TO BE USED WITH SUCH PRODUCT AT THE TIME OF SALE TO ITS ULTIMATE PURCHASER.

"(5) THE TERM 'INTERMUNICIPAL AGENCY' MEANS AN AGENCY ESTABLISHED BY TWO OR MORE MUNICIPALITIES WITHIN ONE STATE, WITH RESPONSIBILITY FOR PLANNING OR ADMINISTRATION OF SOLID WASTE DISPOSAL AND RESOURCE RECOVERY SYSTEMS.

"(6) THE TERM 'INTERSTATE AGENCY' MEANS AN AGENCY OF TWO OR MORE MUNICIPALITIES IN DIFFERENT STATES, OR AN AGENCY ESTABLISHED BY TWO OR MORE STATES, WITH AUTHORITY TO PROVIDE FOR SOLID WASTE DISPOSAL AND RESOURCE RECOVERY SYSTEMS SERVING TWO OR MORE MUNICIPALITIES LOCATED IN DIFFERENT STATES.

"(7) THE TERM 'MAJOR ITEM OF SOLID WASTE' MEANS ANY OBJECT OR PART OF AN OBJECT REGULARLY UTILIZED FOR COMMERCIAL, INDUSTRIAL, RESIDENTIAL, OR RECREATIONAL PURPOSES OR TRANSPORTATION WHICH HAS (A) A GROSS WEIGHT OF MORE THAN TEN POUNDS, (B) A LIQUID CARRYING CAPACITY OR MORE THAN FIVE GALLONS, OR (C) A TOTAL VOLUME OF MORE THAN FIVE CUBIC FEET, AND IS DESIGNATED BY THE ADMINISTRATOR AS A MAJOR ITEM OF SOLID WASTE.

THE NEED FOR A NATIONAL MATERIALS POLICY

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"(8) THE TERM 'MUNICIPALITY' MEANS A CITY, TOWN, BOROUGH, COUNTY, PARISH, DISTRICT, OR OTHER PUBLIC BODY CREATED BY OR PURSUANT TO STATE LAW WITH RESPONSIBILITY FOR THE PLANNING OR ADMINISTRATION OF SOLID WASTE DISPOSAL, OR AN INDIAN TRIBE.

"(9) THE TERM 'RECOVERED RESOURCES' MEANS USABLE MATERIALS OR ENERGY RECOVERED FROM SOLID WASTES.

"(10) THE TERM 'RECYCLE' MEANS TO (A) REUSE FOR THE SAME PURPOSE AS ORIGINALLY SOLD, (B) CONVERT INTO A RAW MATERIAL FROM WHICH THE ORIGINAL PRODUCT OR ANOTHER TANGIBLE OBJECT FOR WHICH THERE IS A VIABLE MARKET CAN BE CREATED, OR (C) CONVERT INTO ANOTHER TANGIBLE OBJECT FOR WHICH THERE IS A VIABLE MARKET.

"(11) THE TERM 'RESOURCE RECOVERY SYSTEM' MEANS A SOLID WASTE MANAGEMENT SYSTEM WHICH PROVIDES FOR COLLECTION, SEPARATION, RECYCLING, REUSE, AND RECOVERY OF SOLID WASTES, INCLUDING DISPOSAL OR NONRECOVERABLE WASTE RESIDUES.

"(12) THE TERM 'SOLID WASTE' MEANS GARBAGE, REFUSE, CONSTRUCTION DEBRIS, AND OTHER DISCARDED SOLID MATERIALS, INCLUDING SOLID WASTE MATERIALS, WASTE OIL AND OTHER LIQUID MATERIALS IN CONTAINERS OR ORIGINATING IN CONTAINERS, AND RESIDUAL BYPRODUCTS RESULTING FROM INDUSTRIAL, COMMERCIAL, MINING, AND AGRICULTURAL OPERATIONS (INCLUDING POLLUTION CONTROL); AND FROM COMMUNITY ACTIVITIES.

"(13) THE TERM 'SOLID WASTE DISPOSAL' MEANS THE COLLECTION, STORAGE, TREATMENT, UTILIZATION, PROCESSING, OR FINAL DISPOSAL OF SOLID WASTE.

THE NEED FOR A NATIONAL MATERIALS POLICY

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"(14) THE TERM 'STATE' MEANS A STATE, THE DISTRICT OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA.

"RESEARCH, TRAINING, TECHNICAL ASSISTANCE, AND OTHER ACTIVITIES

"SEC. 104. (A) THE ADMINISTRATOR SHALL CONDUCT, AND ENCOURAGE, COOPERATE WITH, AND RENDER FINANCIAL, TECHNICAL, AND OTHER ASSISTANCE TO APPROPRIATE PUBLIC (WHETHER FEDERAL, STATE, INTERSTATE, OR LOCAL) AUTHORITIES, AGENCIES, AND INSTITUTIONS, PRIVATE AGENCIES AND INSTITUTIONS, AND INDIVIDUALS IN THE CONDUCT OF, AND PROMOTE THE COODINATION OF, RESEARCH, INVESTIGATIONS, EXPERIMENTS, TRAINING, DEMONSTRATIONS, SURVEYS, AND STUDIES RELATING TO:

"(1) ANY ADVERSE HEALTH AND WELFARE EFFECTS OF THE RELEASE INTO THE ENVIRONMENT OF MATERIAL PRESENT IN SOLID WASTE, AND METHODS TO ELIMINATE SUCH EFFECTS;

"(2) THE OPERATION AND FINANCING OF SOLID WASTE DISPOSAL PROGRAMS;

"(3) MEASURES NECESSARY TO AID THE CLEANUP OF INNER CITY AREAS AND OTHER PLACES WHICH FACE PARTICULARLY SEVERE PUBLIC HEALTH PROBLEMS OR OTHER DANGERS BECAUSE OF ACCUMULATIONS OF SOLID WASTE;

"(4) THE REDUCTION OF THE AMOUNT OF SOLID WASTE AND UNSALVAGEABLE WASTE MATERIALS AND PROCEDURES TO ENCOURAGE THE SEPARATION AND PREPARATION OF WASTE FOR RECOVERY.

THE NEED FOR A NATIONAL MATERIALS POLICY

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"(5) THE DEVELOPMENT AND APPLICATION OF NEW AND IMPROVED METHODS OF COLLECTING AND DISPOSING OF SOLID WASTE AND PROCESSING AND RECOVERING MATERIALS AND ENERGY FROM SOLID WASTES;

"(6) THE IDENTIFICATION OF SOLID WASTE COMPONENTS AND POTENTIAL MATERIALS AND ENERGY RECOVERABEL FROM SUCH WASTE COMPONENTS;

"(7) THE DEVELOPMENT AND IMPLEMENTATION OF STANDARDS AND REGULATIONS TO CONTROL AND REDUCE THE VOLUME OF SOLID WASTE REACHING THE DISPOSAL SYSTEM; AND

"(8) ANY OTHER MATTER WHICH MAY BE INCLUDED IN THE ANNUAL REPORTS REQUIRED BY SECTION 119 OF THIS ACT.

"(B) IN CARRYING OUT THE PROVISIONS OF THE PRECEDING SUBSECTION, THE ADMINISTRATOR IS AUTHORIZED TO:

"(1) COLLECT AND MAKE AVAILABLE, THROUGH PUBLICATIONS AND OTHER APPROPRIATE MEANS, THE RESULTS OF, AND OTHER INFORMATION PERTAINING TO, SUCH RESEARCH AND OTHER ACTIVITIES, INCLUDING APPROPRIATE RECOMMENDATIONS IN CONNECTION THEREWITH;

"(2) COOPERATE WITH PUBLIC AND PRIVATE AGENCIES, INSTITUTIONS, AND ORGANIZATIONS, AND WITH ANY INDUSTRIES INVOLVED, IN THE PREPARATION AND THE CONDUCT OF SUCH RESEARCH AND OTHER ACTIVITIES.

THE NEED FOR A NATIONAL MATERIALS POLICY

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"(3) RECOMMEND MODEL CODES, ORDINANCES, AND STATUTES WHICH ARE DESIGNED TO IMPLEMENT THE PURPOSE OF THIS ACT;

"(4) ISSUE TO APPROPRIATE FEDERAL, INTERSTATE, REGIONAL, AND LOCAL AGENCIES INFORMATION ON AND GUIDELINES FOR TECHNICALLY FEASIBLE SOLID WASTE COLLECTION, SEPARATION, DISPOSAL, RECYCLING, REUSE, AND RECOVERY METHODS WHICH ARE CONSISTENT WITH THE POLICIES AND PURPOSES OF THIS ACT, INCLUDING DATA ON THE COST OF CONSTRUCTION, OPERATION, AND MAINTENANCE OF SUCH METHODS; AND

"(5) MAKE GRANTS-IN-AID TO PUBLIC OR PRIVATE AGENCIES, AND INSTITUTIONS AND TO INDIVIDUALS FOR RESEARCH, TRAINING PROJECTS, SURVEYS, AND DEMONSTRATIONS (INCLUDING CONSTRUCTION OF FACILITIES), AND PROVIDE FOR THE CONDUCT OF RESEARCH, TRAINING, SURVEYS, AND DEMONSTRATIONS BY CONTRACT WITH PUBLIC OR PRIVATE AGENCIES AND INSTITUTIONS AND WITH INDIVIDUALS; AND SUCH CONTRACTS FOR RESEARCH OR DEMONSTRATIONS OR BOTH (INCLUDING CONTRACTS FOR CONSTRUCTION) MAY BE MADE IN ACCORDANCE WITH AND SUBJECT TO THE LIMITATIONS 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 REQUIRED THEREBY SHALL BE MADE BY THE ADMINISTRATOR.

THE NEED FOR A NATIONAL MATERIALS POLICY

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"(C) ANY GRANT, AGREEMENT, OR CONTRACT MADE OR ENTERED INTO UNDER THIS SECTION SHALL CONTAIN PROVISIONS TO INSURE THAT ALL INFORMATION, USES, PROCESSES, PATENTS, AND OTHER DEVELOPMENTS RESULTING FROM ANY ACTIVITY UNDERTAKEN PURSUANT TO SUCH GRANT, AGREEMENT, OR CONTRACT WILL BE MADE READILY AVAILABLE ON FAIR AND EQUITABLE TERMS TO INDUSTRIES AND PUBLIC AGENCIES WHICH MIGHT UTILIZE PROCESSES TO REDUCE THE VOLUME OF SOLID WASTES, EMPLOY METHODS OF RESOURCE RECOVERY, RECYCLING, OR SOLID WASTE DISPOSAL, OR ENGAGE IN FURNISHING DEVICES, FACILITIES, EQUIPMENT, AND SUPPLIES TO BE USED IN CONNECTION WITH REDUCING THE VOLUME OF SOLID WASTE, DISPOSING OF SOLID WASTE OR RECOVERY AND RECYCLING OF RESOURCES. IN CARRYING OUT THE PROVISIONS OF THIS SECTION, THE ADMINISTRATOR AND EACH DEPARTMENT, AGENCY, AND OFFICER OF THE FEDERAL GOVERNMENT HAVING FUNCTIONS OR DUTIES UNDER THIS ACT SHALL MAKE USE OF AND ADHERE TO THE STATEMENT OF GOVERNMENT PATENT POLICY WHICH WAS PROMULGATED BY THE PRESIDENT IN HIS MEMORANDUM OF OCTOBER 10, 1963. (3 CFR, 1963 SUPPLEMENTAL, PAGE 238.)

"(D) NO SERVICE CHARGE OR OTHER COST REQUIREMENT SHALL BE IMPOSED AS A CONDITION OF PARTICIPATION BY ANY EMPLOYEE OF A STATE OR MUNICIPAL GOVERNMENT AGENCY IN ANY TRAINING PROGRAM AUTHORIZED BY THIS ACT.

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"SPECIAL STUDY AND DEMONSTRATION PROJECTS ON RECOVERY OF USEFUL ENERGY AND MATERIALS

"SEC. 105. (A) THE ADMINISTRATOR SHALL CARRY OUT AN INVESTIGATION AND STUDY TO DETERMINE MEANS TO RECOVERING ENERGY AND MATERIALS FROM SOLID WASTE, RECOMMENDED USES OF SUCH MATERIALS AND ENERGY FOR NATIONAL OR INTERNATIONAL WELFARE, INCLUDING IDENTIFICATION OF POTENTIAL MARKETS FOR SUCH RECOVERED RESOURCES, AND THE IMPACT OF DISTRIBUTION OF SUCH RESOURCES ON EXISTING MARKETS.

"(B) THE ADMINISTRATOR IS AUTHORIZED TO CARRY OUT DEMONSTRATION PROJECTS TO TEST AND DEMONSTRATE METHODS AND TECHNIQUES DEVELOPED PURSUANT TO SUBSECTION (A).

"GRANTS FOR STATE PROGRAMS AND STATE, INSTERSTATE, AND LOCAL PLANNING

"SEC. 106. (A) THE ADMINISTRATOR MAY FROM TIME TO TIME, UPON SUCH TERMS AND CONDITIONS CONSISTENT WITH THIS SECTION AS HE DEEMS APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS ACT, MAKE GRANTS TO STATES, INTERSTATE, MUNICIPAL, AND INTERMUNICIPAL AGENCIES, AND ORGANIZATIONS COMPOSED OF PUBLIC OFFICIALS WHICH ARE ELIGIBLE FOR ASSISTANCE UNDER SECTION 701 (G) OF THE HOUSING ACT OF 1954, OF NOT TO EXCEED 66 2/3 PER CENTUM OF THE COST OF AN APPLICATION WITH RESPECT TO AN AREA INCLUDING ONLY ONE MUNICIPALITY, AND NOT TO EXCEED 75 PER CENTUM OF THE COST IN ANY OTHER CASE, OF:

"(1) MAKING SURVEYS OF RESOURCE RECOVERY (INCLUDING ENERGY RECOVERY) AND SOLID WASTE DISPOSAL PRACTICES AND PROBLEMS WITHIN THE JURISDICTIONAL AREAS OF SUCH AGENCIES.

THE NEED FOR A NATIONAL MATERIALS POLICY

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"(2) DEVELOPING AND REVISING RESOURCE RECOVERY AND SOLID WASTE DISPOSAL PLANS AS PART OF REGIONAL ENVIRONMENTAL PROTECTION SYSTEMS FOR SUCH AREAS, PROVIDING FOR RECYCLING OR RECOVERY OF MATERIALS FROM WASTES WHENEVER POSSIBLE AND INCLUDING PLANNING FOR THE REUSE OF SOLID WASTE DISPOSAL AREAS AND STUDIES OF THE EFFECT AND RELATIONSHIP OF SOLID WASTE DISPOSAL PRACTICES ON AREAS ADJACENT TO WASTE DISPOSAL SITES;

"(3) DEVELOPING PROPOSALS FOR PROJECTS TO BE CARRIED OUT PURSUANT TO SECTIONS 106 AND 107 OF THIS ACT;

"(4) PLANNING PROGRAMS FOR THE REMOVAL AND PROCESSING OF ABANDONED MOTOR VEHICLE BULKS AND OTHER MAJOR ITEMS OF SOLID WASTE;

"(5) DEVELOPING STATE LAWS AND LOCAL ORDINANCES TO IMPROVE SOLID WASTE MANACEMENT AND RESOURCE RECOVERY AND RECYCLING SYSTEMS; OR

"(6) PLANNING PROGRAMS TO ACHIEVE RAPID CLEANUP OF AREAS WITH SEVERE HEALTH PROBLEMS BECAUSE OF LARGE AMOUNTS OF UNCOLLECTED SOLID WASTE.

"(B) THE ADMINISTRATOR MAY, FROM TIME TO TIME, UPON SUCH TERMS AND CONDITIONS CONSISTENT WITH THIS SECTION AS HE DEEMS APPROPRIATE MAKE GRANTS TO STATES FOR THE PURPOSES OF ESTABLISHING STATEWIDE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PROGRAMS, WHICH GRANT SHALL NOT EXCEED 75 PER CENTUM OF THE COST OF ESTABLISHING A STATEWIDE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PROGRAM IF SUCH GRANT IS MADE DURING FISCAL YEAR 1975, 1976, OR 1977, AND SHALL NOT EXCEED 60 PER CENTUM OF THE COSTS OF SUCH PROGRAM IN EACH OF THE THREE SUCCEEDING FISCAL YEARS.

THE NEED FOR A NATIONAL MATERIALS POLICY

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"(C) AFTER JANUARY 1, 1977, NO STATE SHALL BE ELIGIBLE FOR A GRANT UNDER SUBSECTION (B) OF THIS SECTION UNLESS THAT STATE HAS:

"(1) ESTABLISHED A SINGLE STATE AGENCY TO BE RESPONSIBLE FOR MAINTAINING THE STATEWIDE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PROGRAM, WHICH STATE AGENCY MAY ALSO HAVE OTHER FUNCTIONS IN AREAS RELATING TO THE ENVIRONMENT;

"(2) ESTABLISHED SUCH LEGAL AUTHORITY AS NECESSARY TO IMPLEMENT A STATEWIDE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PLAN; AND

"(3) DEVELOPED A STATEWIDE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PLAN SUBMITTED TO AND APPROVED BY THE ADMINISTRATOR CONSISTENT WITH THE INTENT AND REQUIREMENTS OF THIS ACT, WHICH PLAN SHALL:

"(A) INCLUDE A LAND USE PLAN SPECIFYING THOSE AREAS WHICH ARE PRESENTLY USED AND MAY BE USED IN THE FUTURE AS SOLID WASTE DISPOSAL SITES;

"(B) INCLUDE A PROGRAM FOR ISSUING PERMITS FOR ALL PUBLICLY OWNED SOLID WASTE DISPOSAL SITES WITHIN STANDARD METROPOLITAN AREAS WITH POPULATION GREATER THAN TWO HUNDRED THOUSAND AS DEFINED IN THE 1970 CENSUS OF THE UNITED STATES COMMERCE DEPARTMENT AND A PROGRAM FOR ISSUING SUCH PERMITS IN THE REMAINDER OF THE STATE BY 1980.

THE NEED FOR A NATIONAL MATERIALS POLICY

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"(C) PROVIDE FOR COORDINATION OF THE ACTIVITIES OF THE STATE AND AND MUNICIPAL GOVERNMENTS RELATING TO SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY TO ASSURE MOST EFFICIENT METHODS FOR (I) LIMITING THE COSTS AND IMPROVING THE EFFICIENCY OF COLLECTION AND DISPOSAL AND (II) RECOVERING THE GREATEST PERCENTAGE OF RECYCLABLE OR REUSABLE MATERIALS;

"(D) ASSURE SAFE AND SANITARY COLLECTION AND RECYCLING OF MATERIALS DETERMINED BY THE ADMINISTRATOR TO BE TOXIC OR HAZARDOUS, AND ASSURE DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS THAT CANNOT BE RECYCLED IN A MANNER WHICH WILL NOT RESULT IN VIOLATION OF EFFLUENT OR EMISSION LIMITATIONS, STANDARDS, OR OTHER REQUIREMENTS OF THE CLEAN AIR ACT OR THE FEDERAL WATER POLLUTION CONTROL ACT;

"(E) IDENTIFY METHODS AND PROCEDURES TO BE USED IN THE COLLECTION AND TRANSPORTATION OF MATERIALS WHICH ARE AVAILABLE FOR REUSE OR RECYCLING;

"(F) ASSURE THAT STATE, MUNICIPAL, AND PRIVATE RESOURCE RECOVERY AND SOLID WASTE MANAGEMENT AND DISPOSAL PRACTICES WILL NOT RESULT IN A VIOLATION OF EFFLUENT OR EMISSION LIMITATIONS, STANDARDS, OR OTHER REQUIREMENTS OF THE CLEAN AIR ACT OR THE FEDERAL WATER POLLUTION CONTROL ACT.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 041 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

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"(G) INCLUDE (I) PROGRAM PROHIBITING WITHIN TWO YEARS OF THE APPROVAL OF SUCH PLAN THE OPERATION OF ANY OPEN DUMP WITHIN OR RECEIVING SOLID WASTE FROM ANY STANDARD METROPOLITAN STATISTICAL AREA WITH A POPULATION GREATER THAN TWO HUNDRED THOUSAND AS DEFINED IN THE 1970 CENSUS OF THE UNITED STATES DEPARTMENT OF COMMERCE, (II) A PROGRAM PROHIBITING WITHIN SEVEN YEARS OF THE APPROVAL OF SUCH PLAN THE OPERATION OF OTHER OPEN DUMPS IN THE REMAINDER OF THE STATE THAT ARE DEEMED BY THE STATE TO BE ENVIRONMENTALLY UNSOUND TO A SIGNIFICANT DEGREE;

"(H) INCLUDE PLANS FOR THE ESTABLISHMENT OF TRANSFER FACILITIES TO FACILITATE THE INCLUSION OF SOLID WASTE FROM RURAL AREAS IN RESOURCE RECOVERY SYSTEMS SERVING AREAS OF THE STATE HAVING HIGHER POPULATION DENSITY, EXCEPT WHERE THE STATE DETERMINES THAT THE PROJECTED ECONOMIC FEASIBILITY OF SUCH SYSTEM (INCLUDING PROJECTED GROWTH OF THE AREA INVOLVED) DOES NOT JUSTIFY INCLUSION OF THE RURAL AREAS IN SUCH A RESOURCE RECOVERY SYSTEM;

"(I) INCLUDE A PROGRAM OF TECHNICAL ASSISTANCE FOR SMALL- AND MEDIUM-SIZED COMMUNITIES TO AID IN THE ADOPTION OF UP-TO-DATE RESOURCE RECOVERY SYSTEMS AND SOLID WASTE DISPOSAL PRACTICES.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 042 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106494

HEARING

SENATE

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BILL

"(D) UPON RECEIPT OF A STATEWIDE SOLID WASTE MANAGEMETN AND RESOURCE RECOVERY PLAN SUBMITTED UNDER SUBSECTION (A) OF THIS SECTION, THE ADMINISTRATOR SHALL, WITHIN FOUR MONTHS AFTER THE DATE OF RECEIPT, APPROVE OR DISAPPROVE SUCH PLAN, OR ANY PORTION THEREOF. THE ADMINISTRATOR SHALL APPROVE SUCH PLAN, OR ANY PORTION THEREOF, IF HE DETERMINES THAT IT WAS ADOPTED AFTER REASONABLE NOTICE AND HEARINGS AND THAT:

"(1) IT COMPLIES WITH THE REQUIREMENTS OF PARAGRAPH (3) SUBSECTION "C); AND

"(2) IT WAS DEVELOPED THROUGH A PROCESS CLOSELY COORDINATED WITH THE PLANNING PROCESSES OF SECTION 208 OF THE FEDERAL WATER POLLUTION CONTROL ACT AND SECTION 110 OF THE CLEAN AIR ACT; AND

"(3) THE STATE ASSIGNED PRIMARY RESPONSIBILITY AND AUTHORITY FOR PLAN DEVELOPMENT AND IMPLEMENTATION OT GENERAL PURPOSE UNITS OF GOVERNMENT, AND INCLUDES PLANS DEVELOPED BY SUCH UNITS OF LOCAL GOVERNMENT, UNLESS THE STATE (1) DETERMINED THAT ANY SUCH PLAN, OR ITS IMPLEMENTATION, (A) FAILED TO MEET ANY REQUIREMENT OF THIS ACT OR STATE STANDARDS OR CRITERIA INTENDED TO EFFECTUATE SUCH REQUIREMENT; (B) WAS INCONSISTENT WITH ANY OTHER SUCH PLAN OR WITH ANY AREAWIDE WASTE MANAGEMENT AND RESOURCE RECOVERY PLAN WHICH MET ALL APPLICABLE REQUIREMENTS, STANDARDS, AND CRITERIA; OR (C) WAS INCONSISTENT WITH ANY STATE LAND USE, AIR POLLUTION, WATER POLLUTION, NOISE POLLUTION, OR OTHER ENVIRONMENTAL PLAN OR REQUIREMENT AND (2) PROVIDED AN ADEQUATE OPPORTUNITY FOR ADMINISTRATIVE OR JUDICIAL APPEAL OF SUCH DETERMINATION.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 043 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106495

HEARING

SENATE

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BILL

"(4) IT ASSURES, EXCEPT IN ANY PROCEEDINGS OF THE STATE LEGISLATURE, THE PARTICIPATION OF OFFICIALS OR REPRESENTATIVES OF GENERAL UNITS OF LOCAL GOVERNMENT AND THE PUBLIC IN THE DEVELOPMENT OF SUBSEQUENT REVISIONS IN THE IMPLEMENTATION OF AND THE FORMULATION OF GUIDELINES, RULES, AND REGULATIONS CONCERNING THE WASTE MANAGEMENT AND RESOURCE RECOVERY PROGRAM.

"(E) THE ADMINISTRATOR SHALL AFTER CONSIDERATION OF ANY STATE HEARING RECORD, PROMPTLY PREPARE AND PUBLISH REGULATIONS SETTING FORTH SUGGESTED REVISIONS IN A STATEWIDE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PLAN IF HE DETERMINES THAT THE PLAN, OR ANY PORTION THEREOF, SUBMITTED FOR SUCH STATE IS DETERMINED NOT TO BE IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION. THE STATE MAY THEN RESUBMIT A PLAN REVISED TO TAKE INTO ACCOUNT THE SUGGESTIONS OF THE ADMINISTRATOR.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 044 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106496

HEARING

SENATE

TRANSCRIPT

BILL

"(F) IN THE EVENT THAT A STATE DOES NOT SUBMIT A PLAN BY JANUARY 1, 1977, THE ADMINISTRATOR MAY RECEIVE AREAWIDE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PLANS FROM MULTIJURISDICTIONAL ORGANIZATIONS REPRESENTING GENERAL UNITS OF LOCAL GOVERNMENT. APPROVAL OF SUCH PLANS SHALL BE CONDITIONED UPON THE CRITERIA GOVERNING STATEWIDE PLANS, AND APPROVAL SHALL ALLOW THE UNITS OF GOVERNMENT WITHIN THE AREA COVERED TO BECOME ELIGIBLE FOR FINANCIAL ASSISTANCE UNDER THIS ACT TO THE SAME EXTENT THAT APPROVAL OF A STATEWIDE PLAN WOULD FULFILL SUCH ELIGIBILITY REQUIREMENTS.

"(G) GRANTS PURSUANT TO THIS SECTION MAY BE MADE UPON APPLICATION THEREFOR WHICH:

"(1) DESIGNATES OR ESTABLISHES A SINGLE AGENCY (WHICH MAY BE AN INTERDEPARTMENTAL AGENCY) AS THE SOLE AGENCY FOR CARRYING OUT THE PURPOSES OF THIS SECTION FOR THE AREA INVOLVED;

"(2) INDICATES THE MANNER IN WHICH PROVISION WILL BE MADE TO ASSURE FULL CONSIDERATION OF ALL ASPECTS OF PLANNING ESSENTIAL TO AREAWIDE PLANNING FOR PROPER AND EFFECTIVE RESOURCE RECOVERY AND SOLID WASTE DISPOSAL CONSISTENT WITH THE PROTECTION OF THE PUBLIC HEALTH AND WELFARE, INCLUDING SUCH FACTORS AS POPULATION GROWTH, URBAN AND METROPOLITAN DEVELOPMENT, LAND USE PLANNING, WATER POLLUTION CONTROL, AIR POLLUTION CONTROL, AND THE FEASIBILITY OF REGIONAL DISPOSAL AND RESOURCE RECOVERY PROGRAM;

"(3) SETS FORTH PLANS FOR EXPENDITURES OF SUCH GRANT, WHICH PLANS PROVIDE REASONABLE ASSURANCE OF CARRYING OUT THE PURPOSES FOR WHICH THE GRANT IS INTENDED.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 045 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106497

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BILL

"(4) PROVIDES FOR SUBMISSION OF SUCH REPORTS OF THE ACTIVITIES OF THE AGENCY IN CARRYING OUT THE PURPOSES OF THIS SECTION, IN SUCH FORM AND CONTAINING SUCH INFORMATION, AS THE ADMINISTRATOR MAY FROM TIME TO TIME FIND NECESSARY FOR CARRYING OUT THE PURPOSES OF THIS SECTION AND FOR KEEPING SUCH RECORDS AND AFFORDING SUCH ACCESS THERETO AS HE MAY FIND NECESSARY; AND

"(5) PROVIDES FOR SUCH FISCAL-CONTROL AND FUND-ACCOUNTING PROCEDURES AS MAY BE NECESSARY TO ASSURE PROPER DISBURSEMENT OF AND ACCOUNTING FOR FUNDS PAID TO THE AGENCY UNDEF THIS SECTION.

"(H) THE ADMINISTRATOR SHALL MAKE A GRANT UNDER THIS SECTION ONLY IF HE FINDS THAT THERE IS SATISFACTORY ASSURANCE THAT ANY PLANNING FOR RESOURCE RECOVERY AND SOLID WASTE MANAGEMENT WILL BE COORDINATED, SO FAR AS PRACTICABLE, WITH AND NOT DUPLICATE OTHER RELATED STATE, INTERSTATE, REGIONAL, AND LOCAL LAND USE AND RELATED PLANNING ACTIVITIES, INCLUDING ANY INTERNATIONAL PLANNING ACTIVITIES AND AGREEMENTS, AND INCLUDING PLANNING ACTIVITIES MAINTAINED IN ACCORDANCE WITH THE CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT AND THOSE FINANCED IN PART WITH FUNDS PURSUANT TO SECTION 701 OF THE HOUSING ACT OF 1954.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 046 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106498

HEARING

SENATE

TRANSCRIPT

BILL

"(I) NOT MORE THAN 10 PER CENTUM OF THE TOTAL OF FUNDS AUTHORIZED TO BE APPROPRIATED UNDER THIS SECTION FOR ANY FISCAL YEAR SHALL BE GRANTED UNDER THIS SECTION FOR PROJECTS IN ANY ONE STATE.

"(J) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY TO CARRY OUT THE PROVISIONS OF THIS SECTION, NOT TO EXCEED $50,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, NOT TO EXCEED $75,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976, AND NOT TO EXCEED $100,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977.

"GRANTS FOR ENERGY AND RESOURCE RECOVERY SYSTEMS

AND IMPROVED SOLID WASTE DISPOSAL FACILITIES

"SEC. 107. (A) THE ADMINISTRATOR IS AUTHORIZED TO MAKE GRANTS PURSUANT TO THIS SECTION TO ANY STATE, MUNICIPAL, OR INTERSTATE OR INTERMUNICIPAL AGENCY FOR THE DEMONSTRATION OF ENERGY RESOURCE RECOVERY SYSTEMS OR FOR THE CONSTRUCTION OF NEW OR IMPROVED SOLID WASTE DISPOSAL FACILITIES.

"(B)(1) A GRANT UNDER THIS SECTION FOR THE DEMONSTRATION OF A RESOURCE RECOVERY SYSTEM MAY BE MADE ONLY IF IT (A) IS CONSISTENT WITH ANY PLANS WHICH MEET THE REQUIREMENTS OF SECTION 106 (D)(2) OF THIS ACT; (B) IS CONSISTENT WITH ANY GUIDELINES RECOMMENDED PURSUANT TO SECTION 104 (B)(4) OF THIS ACT; (C) IS DESIGNED TO PROVIDE AREAWIDE RESOURCE RECOVERY SYSTEMS CONSISTENT WITH THE PURPOSES OF THIS ACT, AS DETERMINED BY THE ADMINISTRATOR, PURSUANT TO REGULATIONS PROMULGATED UNDER SUBSECTION (D) OF THIS SECTION; AND (D) PROVIDES AN EQUITABLE SYSTEM FOR DISTRIBUTING THE COSTS ASSOCIATED WITH CONSTRUCTION, OPERATION, AND MAINTENANCE OF ANY RESOURCE RECOVERY SYSTEM AMONG THE USERS OF SUCH SYSTEM.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 047 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106499

HEARING

SENATE

TRANSCRIPT

BILL

"(2) THE FEDERAL SHARE FOR ANY PROJECT TO WHICH PARAGRAPH (1) APPLIES SHALL NOT BE MORE THAN 75 PER CENTUM.

"(C)(1) A GRANT UNDER THIS SECTION FOR THE CONSTRUCTION OF A NEW OR IMPROVED SOLID WASTE DISPOSAL FACILITY MAY BE MADE ONLY IF:

"(A) A STATE OR INTERSTATE PLAN FOR SOLID WASTE DISPOSAL HAS BEEN ADOPTED WHICH APPLIES TO THE AREA INVOLVED, AND THE FACILITY TO BE CONSTRUCTED (I) IS CONSISTENT WITH SUCH PLAN, (II) IS INCLUDED IN A COMPREHENSIVE PLAN FOR THE AREA INVOLVED WHICH IS SATISFACTORY TO THE ADMINISTRATOR FOR THE PURPOSES OF THIS ACT, AND (III) IS CONSISTENT WITH ANY GUIDELINES RECOMMENDED UNDER SECTION 104(B)(4), AND

"(B) THE PROJECT ADVANCES THE STATE OF THE ART BY APPLYING NEW AND IMPROVED TECHNIQUES IN REDUCING THE ENVIRONMENTAL IMPACT OF SOLID WASTE DISPOSAL, IN ACHIEVING RECOVERY OF ENERGY OR RESOURCES, OR IN RECYCLYING USEFUL MATERIALS.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 048 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106500

HEARING

SENATE

TRANSCRIPT

BILL

"(2) THE FEDERAL SHARE FOR ANY PROJECT TO WHICH PARAGRAPH (1) APPLIES SHALL BE NOT MORE THAN 50 PER CENTUM IN THE CASE OF A PROJECT SERVING AN AREA WHICH INCLUDES ONLY ONE MUNICIPALITY, AND NOT MORE THAN 75 PER CENTUM IN ANY OTHER CASE.

"(D) IN TAKING ACTION ON APPLICATIONS FOR GRANTS UNDER THIS SECTION, CONSIDERATION SHALL BE GIVEN BY THE ADMINISTRATOR (A) TO THE PUBLIC BENEFITS TO BE DERIVED BY THE CONSTRUCTION AND OPERATION AND THE PROPRIETY OF FEDERAL AID IN MAKING SUCH GRANT; (B) TO THE EXTENT APPLICABLE, TO THE ECONOMIC AND COMMERCIAL VIABILITY OF THE PROJECT (INCLUDING CONTRACTUAL ARRANGEMENTS WITH THE PRIVATE SECTOR TO MARKET ANY RESOURCES RECOVERED); AND (C) TO THE USE BY THE APPLICANT OF COMPREHENSIVE REGIONAL OR METROPOLITAN AREA PLANNING.

"(E) A GRANT UNDER THIS SECTION:

"(1) MAY BE MADE ONLY IN THE AMOUNT OF THE FEDERAL SHARE OF (A) THE ESTIMATED TOTAL DESIGN AND CONSTRUCTION COSTS, PLUS (B) IN THE CASE OF A GRANT TO WHICH SUBSECTION (B)(1) APPLIES, THE FIRST-YEAR OPERATION AND MAINTENANCE COSTS;

"(2) MAY NOT BE PROVIDED FOR LAND ACQUISITION OR (EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (1)(B)) FOR OPERATING OR MAINTENANCE COSTS;

"(3) MAY NOT BE MADE UNTIL THE APPLICANT HAS MADE PROVISION SATISFACTORY TO THE ADMINISTRATOR FOR PROPER AND EFFICIENT OPERATION AND MAINTENANCE OF THE PROJECT (SUBJECT TO PARAGRAPH (1)(B)); AND

"(4) MAY BE MADE SUBJECT TO SUCH CONDITIONS AND REQUIREMENTS, IN ADDITION TO THOSE PROVIDED IN THIS SECTION, AS THE ADMINISTRATOR MAY REQUIRE TO PROPERLY CARRY OUT HIS FUNCTIONS PURSUANT TO THIS ACT.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 049 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106501

HEARING

SENATE

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BILL

FOR PURPOSES OF PARAGRAPH (1) OF THIS SUBSECTION THE NON-FEDERAL SHARE MAY BE IN ANY FORM, INCLUDING, BUT NOT LIMITED TO, LANDS OR INTERESTS THEREIN NEEDED FOR THE PROJECT OR PERSONAL PROPERTY OR SERVICES, THE VALUE OF WHICH SHALL BE DETERMINED BY THE ADMINISTRATOR.

"(F) NO GRANT SHALL BE MADE UNDER THIS SECTION FOR ANY PROJECT IN A STATE WHICH ON OR AFTER JULY 1, 1976, IS NOT ELIGIBLE FOR A GRANT UNDER SUBSECTION (B) OF SECTION 106 OF THIS ACT.

"(G)(1) NOT MORE THAN 15 PER CENTUM OF THE TOTAL OF FUNDS AUTHORIZED TO BE APPROPRIATED UNDER THIS SECTION FOR ANY FISCAL YEAR SHALL BE GRANTED UNDER THIS SECTION FOR PROJECTS IN ANY ONE STATE.

"(2) THE ADMINISTRATOR SHALL PRESCRIBE BY REGULATION THE MANNER IN WHICH THIS SUBSECTION SHALL APPLY TO A GRANT UNDER THIS SECTION FOR A PROJECT IN AN AREA WHICH INCLUDES ALL OR PART OF MORE THAN ONE STATE.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 050 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106502

HEARING

SENATE

TRANSCRIPT

BILL

"(H) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY TO CARRY OUT THE PROVISIONS OF THIS SECTION NOT TO EXCEED $75,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, AND NOT TO EXCEED $50,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976, AND NOT TO EXCEED $25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977.

"LOANS FOR IMPLEMENTATION OF RESOURCE RECOVERY SYSTEMS

"SEC. 108. (A) THE ADMINISTRATOR IS AUTHORIZED TO MAKE LOANS PURSUANT TO THIS SECTION TO ANY STATE, MUNICIPAL, OR INTERMUNICIPAL AGENCY FOR THE IMPLEMENTATION OF RESOURCE RECOVERY SYSTEMS IN THOSE AREAS WHERE RESOURCE RECOVERY SYSTEMS IN PRIVATE INDUSTRY ARE UNABLE TO ASSURE THE ENERGY AND MATERIALS RECOVERY RO DISPOSAL OF ALL MATERIALS GENERATED IN COLLECTION ACTIVITIES.

"(B)(1) A LOAN UNDER THIS SECTION FOR THE IMPLEMENTATION OF A RESOURCE RECOVERY SYSTEM MAY BE MADE ONLY IF THE PROPOSED SYSTEM (A) IS CONSISTENT WITH ANY PLANS WHICH MEET THE REQUIREMENTS OF SECTION 105(D)(2) OF THIS ACT; (B) IS CONSISTENT WITH ANY GUIDELINES RECOMMENDED PURSUANT TO SECTION 104(B)(4) OF THIS ACT; (C) IS DESIGNED TO PROVIDE AREAWIDE RESOURCE RECOVERY SYSTEMS CONSISTENT WITH THE PURPOSES OF THIS ACT, AS DETERMINED BY THE ADMINISTRATOR, PURSUANT TO REGULATIONS PROMULGATED UNDER SUBSECTION (C) OF THIS SECTION; AND (D) PROVIDES AN EQUITABLE SYSTEM FOR DISTRIBUTING THE COSTS ASSOCIATED WITH CONSTRUCTION, OPERATION, AND MAINTENANCE OF ANY RESOURCE RECOVERY SYSTEM AMONG THE USERS OF SUCH SYSTEMS.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 051 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106503

HEARING

SENATE

TRANSCRIPT

BILL

"(2) THE AMOUNT OF THE LOAN FOR ANY PROJECT TO WHICH PARAGRAPH (1) APPLIES SHALL BE NOT MORE THAN 75 PER CENTUM OF THE PROJECT COSTS AS DETERMINED UNDER SUBSECTION (E) OF SECTION 106 OF THIS ACT, AND SUCH AMOUNTS SHALL BE AVAILABLE AT AN INTEREST RATE NOT TO EXCEED 3 PER CENTUM PER ANNUM, AS DETERMINED BY THE ADMINISTRATOR.

"(3) A LOAN FOR ANY PROJECT UNDER THIS SECTION SHALL BE GRANTED BY THE ADMINISTRATOR ON CONDITION THAT IT BE REPAID WITHIN A PERIOD OF NOT MORE THAN TWENTY YEARS FROM THE DATE OF THE LOAN, EXCEPT THAT, ON AN ANNUAL BASIS, THE ADMINISTRATOR SHALL REDUCE SUCH PAYMENT OF PRINCIPAL AND INTEREST DUE FOR THAT YEAR BY AN AMOUNT EQUAL TO ONE-HALF OF ANY FUNDS RECEIVED BY THE LOAN RECIPIENT FROM THE SALE OF SOLID WASTE, OR MATERIAL DERIVED THEREFROM, WHICH HAS BEEN RECOVERED FROM OPERATION OF THE RESOURCE RECOVERY SYSTEM DURING THE PREVIOUS YEAR.

"(C)(1) THE ADMINISTRATOR, WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER THE DATE OF ENACTMENT OF THIS SECTION, SHALL PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR AWARDING LOANS UNDER THIS SECTION WHICH SHALL INCLUDE DEADLINES FOR SUBMISSION, AND ACTION ON, LOAN REQUESTS.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 052 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106504

HEARING

SENATE

TRANSCRIPT

BILL

"(2) IN TAKING ACTION ON APPLICATIONS FOR LOANS UNDER THIS SECTION, CONSIDERATION SHALL BE GIVEN BY THE ADMINISTRATOR (A) TO THE PUBLIC BENEFITS TO BE DERIVED BY THE CONSTRUCTION AND OPERATION AND THE PROPRIETY OF FEDERAL AID IN MAKING SUCH LOANS; (B) TO THE EXTENT APPLICABLE, TO THE ECONOMIC AND COMMERCIAL VIABILITY OF THE PROJECT (INCLUDING CONTRACTUAL ARRANGEMENTS WITH THE PRIVATE SECTOR TO MARKET ANY RESOURCES RECOVERED); AND (C) TO THE USE BY THE APPLICANT OF COMPREHENSIVE REGIONAL OR METROPOLITAN AREA PLANNING.

"(D) NO LOAN SHALL BE MADE UNDER THIS SECTION FOR ANY PROJECT IN A STATE WHICH ON OR AFTER JULY 1, 1976, IS NOT ELIGIBLE FOR A GRANT UNDER SUBSECTION (B) OF SECTION 106 OF THIS ACT.

"(E) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR, FOR REPAYMENT OF LOANS TO CARRY OUT THE PROVISIONS OF THIS SECTION, SUCH SUMS AS MAY BE NECESSARY.

"GRANTS OR CONTRACTS FOR TRAINING PROJECTS

"SEC. 109. (A) 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.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 053 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106505

HEARING

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"(B)(1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2), GRANTS OR CONTRACTS MAY BE MADE TO PAY ALL OR PART OF THE COSTS, AS MAY BE DETERMINED BY THE ADMINISTRATOR, OR ANY PROJECT OPERATED OR TO BE OPERATED BY AN ELIGIBLE ORGANIZATION, WHICH IS DESIGNED:

"(A) TO DEVELOP, EXPAND, OR CARRY OUT A PROGRAM (WHICH MAY COMBINE TRAINING, EDUCATION, AND EMPLOYMENT) FOR TRAINING PERSONS FOR OCCUPATIONS INVOLVING THE MANAGEMENT, SUPERVISION, DESIGN, OPERATION, OR MAINTENANCE OF SOLID WASTE DISPOSAL AND RESOURCE RECOVERY EQUIPMENT AND FACILITIES; AND

"(B) TO TRAIN INSTRUCTORS AND SUPERVISORY PERSONNEL TO TRAIN OR SUPERVISE PERSONS IN OCCUPATIONS INVOLVING THE DESIGN, OPERATION, AND MAINTENANCE OF SOLID WASTE DISPOSAL AND RESOURCE RECOVERY EQUIPMENT AND FACILITIES.

"(2) A GRANT OR CONTRACT AUTHORIZED BY PARAGRAPH (1) OF THIS SUBSECTION MAY BE MADE ONLY UPON APPLICATION TO THE ADMINISTRATOR AT SUCH TIME OR TIMES AND CONTAINING SUCH INFORMATION AS HE MAY PRESCRIBE, EXCEPT THAT NO SUCH APPLICATION SHALL BE APPROVED UNLESS IT PROVIDES FOR THE SAME PROCEDURES AND REPORTS (AND ACCESS TO SUCH REPORTS AND TO OTHER RECORDS) AS IS REQUIRED BY SECTION 105(D) (4) AND (5) WITH RESPECT TO APPLICATIONS MADE UNDER THIS SUCH SECTION.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 054 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106506

HEARING

SENATE

TRANSCRIPT

BILL

"FEDERAL AGENCY ACTIVITIES

"SEC. 110. (A) NOT LATER THAN ONE HUNDRED AND TWENTY DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT, THE ADMINISTRATOR SHALL, AFTER CONSULTATION WITH OTHER APPROPRIATE FEDERAL AGENCIES, PUBLISH IN THE FEDERAL REGISTER PROPOSED REGULATIONS RECOMMENDING EFFECTIVE RESOURCE RECOVERY AND SOLID WASTE MANAGEMENT PRACTICES FOR USE BY FEDERAL AGENCIES. THESE REGULATIONS SHALL:

"(1) ESTABLISH GUIDELINES THAT, TO THE MAXIMUM EXTENT FEASIBLE, ASSURE THE PURCHASE BY FEDERAL AGENCIES OF MATERIALS AND PRODUCTS WHICH HAVE BEEN RECYCLED AND MAY BE RECYCLED OR REUSED WHEN DISCARDED;

"(2) ENCOURAGE ALL FEDERAL AGENCIES TO MINIMIZE THE ACCUMULATION OF SOLID WASTE BY LIMITING, TO THE GREATEST EXTENT PRACTICABLE, THE VOLUME OF MATERIALS AND PRODUCTS USED AND DISCARDED, AND

"(3) ENCOURAGE EACH AGENCY TO ESTABLISH SYSTEMS FOR THE COLLECTION OF MATERIALS FOR RECYCLING (OR ENERGY RECOVERY), REUSE AND PROVIDE ASSURANCE THAT SUCH MATERIAL AND PRODUCTS, ONCE COLLECTED, WILL BE MADE AVAILABLE, WHENEVER POSSIBLE, TO AN APPROPRIATE PUBLIC AGENCY OR PRIVATE INDUSTRY FOR REUSE OR RECYCLING;

"(B)(1) NOT LATER THAN ONE HUNDRED AND TWENTY DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT, THE ADMINISTRATOR, IN COOPERATION WITH THE ADMINISTRATOR OF THE GENERAL SERVICES ADMINISTRATION AND THE PUBLIC PRINTER, SHALL PUBLISH IN THE FEDERAL REGISTER PROPOSED REGULATIONS ESTABLISHING GUIDELINES FOR USE OF RECYCLED PAPER AND PAPER PRODUCTS BY ALL AGENCIES OF THE FEDERAL GOVERNMENT AS WELL AS PUBLIC AND PRIVATE AGENCIES, INDIVIDUALS AND ORGANIZATIONS WHO CONTRACT WITH THE FEDERAL GOVERNMENT.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

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"(2) SUCH REGULATIONS SHALL DESIGNATE CATEGORIES OF PAPER AND PAPER PRODUCTS WITH THE GREATEST POTENTIAL AND FEASIBILITY OF BEING COMPOSED OF RECYCLED PAPER AND MATERIALS AND SHALL SPECIFY THE NATURE AND PERCENTAGE OF SUCH RECYCLED MATERIALS TO BE CONTAINED IN SUCH PRODUCTS. SUCH REGULATIONS SHALL REQUIRE THAT ALL FEDERAL AGENCIES AND ALL FEDERAL CONTRACTORS, IN THE PERFORMANCE OF THEIR CONTRACT WORK, SHALL USE RECYCLED PAPER AND PAPER PRODUCTS MEETING THE SPECIFICATIONS OF REGULATIONS PROMULGATED PURSUANT TO THIS PARAGRAPH IN ALL PURCHASES OR ACQUISITIONS OF ANY PROPERTY HAVING A FAIR MARKET VALUE OF $5,000 OR MORE AND WITH RESPECT TO ANY PURCHASE OR ACQUISITION ON A RECURRING OR CONTINUING BASIS OF THE SAME OR A FUNCTIONALLY EQUIVALENT MATERIAL, PRODUCT, OR ITEM WHERE THE FAIR MARKET VALUE OF THE QUANTITY THEREOF PURCHASED OR ACQUIRED IN THE COURSE OF THE PRECEDING FISCAL YEAR WAS $5,000 OR MORE.

"(C) THE REQUIREMENTS OF PARAGRAPHS (1) AND (2) OF THIS SECTION SHALL NOT APPLY TO ANY PROCUREMENT BY A PROCURING AGENCY IF THE PROCUREMENT ITEM WHICH MEETS SUCH REQUIREMENTS AND REGULATIONS (A) IS NOT REASONABLY AVAILABLE WITHIN A REASONABLE PERIOD OF TIME; (B) DOES NOT MEET REASONABLE PERFORMANCE STANDARDS SET BY SUCH AGENCY; (C) IS ONLY AVAILABLE AT A PRICE WHICH UNREASONABLY EXCEEDS THE CURRENT MARKET PRICE FOR COMPETING ITEMS; OR (D) CANNOT BE PURCHASED CONSISTENT WITH ANY OTHER FEDERAL LAW.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

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"(D) THE ADMINISTRATOR SHALL PUBLISH FINAL REGULATIONS TO IMPLEMENT SUBSECTION (A) AND SUBSECTION (B) RESPECTIVELY WITHIN ONE HUNDRED AND TWENTY DAYS AFTER PUBLICATION OF THE PROPOSED REGULATIONS, AND SUCH REGULATIONS SHALL BECOME EFFECTIVE NOT MORE THAN ONE HUNDRED AND EIGHTY DAYS THEREAFTER.

"(E) THE PRESIDENT SHALL PRESCRIBE REGULATIONS TO CARRY OUT THIS SECTION WHICH SHALL INSURE THAT:

"(1) EACH EXECUTIVE AGENCY (AS DEFINED IN SECTION 105 OF TITLE 5, UNITED STATES CODE) SHALL INSURE COMPLIANCE OF ITS OWN ACTIVITIES WITH THE REGULATIONS RECOMMENDED UNDER THIS SECTION AND THE PURPOSES OF THIS ACT;

"(2) EACH EXECUTIVE AGENCY WHICH ENTERS INTO A CONTRACT WITH ANY PERSON FOR THE OPERATION BY SUCH PERSON OF ANY FEDERAL PROPERTY OR FACILITY OR THE PERFORMANCE BY SUCH PERSON OF ANY FUNCTION OF THAT AGENCY, SHALL INSURE COMPLIANCE WITH THE REQULATIONS RECOMMENDED UNDER THIS SECTION AND THE PURPOSES OF THIS ACT IN THE OPERATION OR ADMINISTRATION OF SUCH PROPERTY OR FACILITY, OR THE PERFORMANCE OF SUCH CONTRACT, AS THE CASE MAY BE.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

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"(3) EACH EXECUTIVE AGENCY WHICH PERMITS THE USE OF FEDERAL PROPERTY FOR PURPOSES OF DISPOSAL OF SOLID WASTE SHALL INSURE COMPLIANCE WITH THE REGULATIONS RECOMMENDED UNDER THIS SECTION AND THE PURPOSES OF THIS ACT IN THE DISPOSAL OF SUCH WASTE; AND

"(4) EACH EXECUTIVE AGENCY WHICH ISSUES ANY LICENSE OR PERMIT FOR DISPOSAL OF SOLID WASTE SHALL, PRIOR TO THE ISSUANCE OF SUCH LICENSE OR PERMIT, CONSULT WITH THE ADMINISTRATOR TO INSURE COMPLIANCE WITH REGULATIONS RECOMMENDED UNDER THIS SECTION AND THE PURPOSES OF THIS ACT.

"(F) THE PRESIDENT MAY EXEMPT ANY SINGLE ACTIVITY OR FACILITY OF ANY DEPARTMENT, AGENCY, OR INSTRUMENTALITY IN THE EXECUTIVE BRANCH FROM COMPLIANCE WITH ANY REGULATIONS RECOMMENDED UNDER THIS SECTION IF HE DETERMINES IT TO BE IN THE PARAMOUNT INTEREST OF THE UNITED STATES TO DO SO; EXCEPT THAT NO EXEMPTION SHALL BE GRANTED DUE TO LACK OF APPROPRIATION UNLESS THE PRESIDENT SHALL HAVE SPECIFICALLY REQUESTED SUCH APPROPRIATION AS A PART OF THE BUDGETARY PROCESS AND THE CONGRESS SHALL HAVE FAILED TO MAKE AVAILABLE SUCH REQUESTED APPROPRIATION. ANY EXEMPTION SHALL BE FOR A PERIOD NOT IN EXCESS OF ONE YEAR, BUT ADDITIONAL EXEMPTIONS MAY BE GRANTED FOR PERIODS OF NOT TO EXCEED ONE YEAR UPON THE PRESIDENT'S MAKING A NEW DETERMINATION. THE PRESIDENT SHALL REPORT EACH JANUARY TO THE CONGRESS ALL EXEMPTIONS FROM THE REQUIREMENTS OF THIS SECTION GRANTED DURING THE PRECEDING CALENDAR YEAR, TOGETHER WITH HIS REASON FOR GRANTING SUCH EXEMPTION.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 058 OF 196

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"PACKAGING, PRODUCTS, AND CONTAINERS

SEC. 111. (A) THE ADMINISTRATOR, AFTER CONSULTATION WITH APPROPRIATE FEDERAL, STATE, INTERSTATE, AND MUNICIPAL AGENCIES AND EITHER INTERSTED PERSONS, SHALL WITHIN SIX MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT (AND FROM TIME TO TIME THEREAFTER REVISE) PUBLISH CRITERIA TO BE USED IN CLASSIFYING PRODUCTS, CONTAINERS, AND PACKAGING BASED UPON (1) THE SOLID WASTE DISPOSAL, RESOURCE CONSUMPTION, AND ENERGY CONSUMPTION PROBLEMS CAUSED BY THE ITEMS, (2) THE POTENTIAL FOR SIGNIFICANT REUSE OF SUCH ITEMS, AND (3) THE POTENTIAL FOR RESOURCE RECOVERY OR RECYCLABILITY OF SUCH ITEMS.

"(B) WITHIN NINETY DAYS AFTER THE DATE OF PUBLICATION OF THE CRITERIA UNDER SUBSECTION (A) OF THIS SECTION, THE ADMINISTRATOR SHALL PUBLISH (AND FROM TIME TO TIME THEREAFTER REVISE) PUBLISH A LIST OF ITEMS FOR WHICH REGULATIONS WILL BE PUBLISHED UNDER THIS SECTION. SUCH LIST SHALL BE BASED ON A BALANCING OF THE FACTORS CONSIDERED IN THE CRITERIA PUBLISHED UNDER SUBSECTION (A) OF THIS SECTION.

"(C) WITHIN ONE HUNDRED AND EIGHTY DAYS AFTER THE DATE OF PUBLICATION OF THE LIST UNDER SUBSECTION (B) OF THIS SECTION, THE ADMINISTRATOR, IN ACCORDANCE WITH SECTION 553 OF TITLE 5 OF THE UNITED STATES CODE, SHALL PUBLISH PROPOSED REGULATIONS FOR THE MANUFACTURE, DISTRIBUTION, REUSE, AND RECYCLING OF PRODUCTS, CONTAINERS, OR PACKAGING.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 059 OF 196

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SUCH STANDARDS MAY INCLUDE MINIMUM PERCENTAGES OF RECYCLED MATERIALS WHICH SHALL BE CONTAINED IN SUCH ITEMS, MAXIMUM PERMISSABLE QUANTITIES OF COMPONENT MATERIALS AND MAY PRESCRIBE METHODS OF DISTRIBUTION FOR CERTAIN ITEMS AND PROHIBITIONS AGAINST THE MANUFACTURE AND SALE OF SPECIFIC ITEMS. THE ADMINISTRATOR SHALL PUBLISH A NOTICE FOR A PUBLIC HEARING ON SUCH PROPOSED REGULATIONS TO BE HELD WITHIN SIXTY DAYS. AS SOON AS POSSIBLE AFTER SUCH HEARING, BUT NOT LATER THAN SIX MONTHS AFTER PUBLICATION OF THE PROPOSED REGULATIONS, UNLESS THE ADMINISTRATOR FINDS, ON THE RECORD, THAT A MODIFICATION OF SUCH PROPOSED STANDARD IS JUSTIFIED BASED UPON A PREPONDERANCE OF EVIDENCE ADDUCED AT SUCH HEARINGS, SUCH STANDARD SHALL BE PROMULGATED. IF AFTER A PUBLIC HEARING THE ADMINISTRATOR FINDS THAT A MODIFICATION OF SUCH PROPOSED STANDARD IS JUSTIFIED, REVISED REGULATIONS SHALL BE PROMULGATED IMMEDIATELY. SUCH REGULATIONS SHALL BE REVIEWED AND, IF APPROPRIATE, REVISED AT LEAST EVERY THREE YEARS.

"SEC. 112. (A) NOT LATER THAN ONE YEAR AFTER ENACTMENT OF THIS ACT THE ADMINISTRATOR, AFTER A PUBLIC HEARING, SHALL PUBLISH:

"(1) A CLASSIFICATION SYSTEM OF MAJOR ITEMS OF SOLID WASTE BASED UPON:

"(A) THE SOLID WASTE AND RESOURCE CONSUMPTION PROBLEMS CAUSED BY THE ITEM,

"(B) THE POTENTIAL FOR INCREASING THE USEFUL LIFE OF THE ITEM, AND

"(C) SUCH OTHER FACTORS, AS DEEMED APPROPRIATE; AND

"(2) PROPOSED REGULATIONS ESTABLISHING THE MINIMUM LIFE FOR MAJOR ITEMS CLASSIFIED AS CONTRIBUTING SIGNIFICANTLY TO SOLID WASTE OR RESOURCE CONSUMPTION PROBLEMS AND HAVING SUBSTANTIAL POTENTIAL FOR INCREASED USEFUL LIFE.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 060 OF 196

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"(B) THE ADMINISTRATOR MAY ESTABLISH A SYSTEM OF FEES OR SOME OTHER MECHANISM OF SYSTEM TO ENCOURAGE RECONDITIONING, REUSE, RECYCLING, OR DISPOSAL WITHOUT HARM TO THE ENVIRONMENT OR VIOLATION OF ANY APPLICABLE AIR OR WATER QUALITY REQUIREMENTS OF MAJOR ITEMS.

"(C) NOT LATER THAN ONE HUNDRED AND TWENTY DAYS AFTER PUBLICATION OF THE PROPOSED REGULATIONS THE ADMINISTRATOR AFTER PUBLIC HEARINGS SHALL PUBLISH FINAL REGULATIONS GOVERNING MAJOR ITEMS OF SOLID WASTE WHICH REGULATIONS SHALL BECOME EFFECTIVE TWENTY-FOUR MONTHS AFTER PUBLICATION.

"(D) THE ADMINISTRATOR SHALL REQUIRE THAT ANY MAJOR ITEM OF SOLID WASTE FOR WHICH STANDARDS HAVE BEEN PROMULGATED PURSUANT TO THIS SECTION AND WHICH IS MANUFACTURED AFTER THE DATE OR WHICH SUCH STANDARDS BECOME EFFECTIVE SHALL INCLUDE A LABEL WHICH SPECIFIES THE CONDITIONS SET OUT IN THE STANDARD FOR THAT MAJOR ITEM OF SOLID WASTE FOR ITS REUSE, RECYCLING, OR DISPOSAL AND SHALL INCLUDE INFORMATION AS TO ANY REIMBURSABLE FEES PAYABLE TO THE HOLDER OF THAT MAJOR ITEM OF SOLID WASTE AT SUCH TIME AS THE ITEM IS RETURNED FOR REUSE, RECYCLING, OR DISPOSAL AS INDICATED ON THE LABEL.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 061 OF 196

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"IMPORTS

"SEC. 113. ANY PRODUCT OFFERED FOR ENTRY INTO THE UNITED STATES FOR WHICH A STANDARD HAS BECOME EFFECTIVE PURSUANT TO SECTION 111 OR 112 OF THIS ACT, WHICH IS NOT ACCOMPANIED BY A CERTIFICATE OF COMPLIANCE IN THE FORM PRESCRIBED BY THE ADMINISTRATOR, SHALL BE REFUSED ENTRY INTO THE UNITED STATES. IF A PRODUCT IS REFUSED ENTRY, THE SECRETARY OF THE TREASURY SHALL REFUSE DELIVERY TO THE CONSIGNEE AND SHALL REQUIRE STORAGE OF ANY PRODUCT REFUSED DELIVERY WHICH HAS NOT BEEN EXPORTED BY THE CONSIGNEE WITHIN THREE MONTHS AFTER THE DATE OF NOTICE OF SUCH REFUSAL UNDER SUCH REGULATIONS AS THE SECRETARY OF THE TREASURY MAY PRESCRIBE, EXCEPT THAT THE SECRETARY OF THE TREASURY MAY DELIVER TO THE CONSIGNEE SUCH PRODUCT PENDING EXAMINATION AND DECISION IN THE MATTER ON EXECUTION OF BOND FOR THE AMOUNT OF THE FULL INVOICE VALUE OF SUCH PRODUCT, TOGETHER WITH THE DUTY THEREON, AND ON REFUSAL TO RETURN SUCH PRODUCT FOR ANY CAUSE TO THE CUSTODY OF THE SECRETARY OF THE TREASURY, WHEN DEMANDED, FOR THE PURPOSE OF EXCLUDING IT FROM THE COUNTRY, OR FOR ANY PURPOSE, SAID CONSIGNEE SHALL FORFEIT THE FULL AMOUNT OF SAID BOND. ALL CHARGES FOR STORAGE, CARTAGE, AND LABOR ON PRODUCTS WHICH ARE REFUSED ADMISSION OR DELIVERY UNDER THIS SECTION SHALL BE PAID BY THE OWNER OR CONSIGNEE, AND IN DEFAULT OF SUCH PAYMENT SHALL CONSTITUTE A LIEN AGAINST ANY FUTURE IMPORTATION MADE BY SUCH OWNER OR CONSIGNEE.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 062 OF 196

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"PROHIBITED ACTS

"SEC. 114. (A) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (B) OF THIS SECTION, THE FOLLOWING ACTS OR THE CAUSING THEREOF ARE PROHIBITED;

"(1) AT ANY TIME LATER THAN ONE YEAR AFTER PUBLICATION OF FINAL REGULATIONS FOR PRODUCTS, PACKAGING, AND CONTAINERS UNDER SECTION 111 OF THIS ACT, THE MANUFACTURE, DISTRIBUTION, SALE, OR OFFERING FOR SALE OF ANY PRODUCT PACKAGING, OR CONTAINER NOT IN COMPLIANCE WITH SUCH REGULATIONS;

"(2) THE MANUFACTURE, DISTRIBUTION, SALE, OR OFFERING FOR SALE OF ANY MAJOR ITEM OF SOLID WASTE IN VIOLATION OF CONDITIONS OR PROCEDURES ESTABLISHED BY STANDARDS PROMULGATED AND IN EFFECT FOR SUCH MAJOR ITEMS OF SOLID WASTE IN ACCORDANCE WITH SECTION 112 OF THIS ACT;

"(3) THE REMOVAL BY ANY PERSON OF ANYLBEL AFFIXED TO A MAJOR ITEM OF SOLID WASTE PURSUANT TO REGULATIONS PROMULGATED UNDER SECTION 112(D) OF THIS ACT PRIOR TO SALE OF SUCH ITEM TO THE ULTIMATE PURCHASER, OR THE SALE OF A MAJOR ITEM OF SOLID WASTE FROM WHICH SUCH LABEL HAS BEEN REMOVED.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

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"(4) THE IMPORTATION INTO THE UNITED STATES FOR RESALE BY ANY PERSON OF ANY CONSUMER PRODUCTS OR MAJOR ITEM OF SOLID WASTE IN VIOLATION OF REGULATIONS PROMULGATED UNDER SECTION 113 OF THIS ACT THAT ARE APPLICABLE TO SUCH PRODUCT;

"(5) THE FAILURE OF ANY PERSON TO COMPLY WITH ANY ORDER ISSUED UNDER SECTION 115(D) OF THIS ACT.

"(B) THE ADMINISTRATOR MAY, AFTER PUBLIC HEARINGS EXEMPT FOR A SPECIFIED PERIOD OF TIME NOT TO EXCEED ONE YEAR, ANY MAJOR ITEM OF SOLID WASTE OR CLASS THEREOF, FROM PARAGRAPHS (1) AND (3) OF SUBSECTION (A) OF THIS SECTION UPON SUCH TERMS AND CONDITIONS AS HE MAY FIND NECESSARY TO PROTECT THE PUBLIC HEALTH OR WELFARE, FOR THE PURPOSE OF RESEARCH, INVESTIGATIONS, STUDIES, DEMONSTRATIONS, OR TRAINING, OR FOR REASONS OF NATIONAL SECURITY.

"ENFORCEMENT

"SEC. 115. (A) ANY PERSON WHO WILLFULLY VIOLATES PARAGRAPH (1), (2), (3), OR (4) OF SUBSECTION (A) OF SECTION 114 OF THIS ACT SHALL BE PUNISHED BY A FINE OF NOT MORE THAN $5,000 FOR EACH VIOLATION, OR BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY 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 $10,000 FOR EACH VIOLATION, OR BY IMPRISONMENT FOR NOT MORE THAN TWO YEAR, OR BY BOTH.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

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"(B) ANY PERSON WHO VIOLATES PARAGRAPH (1), (2), (3), OR (4) OF SUBSECTION (A) OF SECTION 113 OF THIS ACT SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN $5,000 FOR EACH VIOLATION.

"(C) THE DISTRICT COURTS OF THE UNITED STATES SHALL HAVE JURISDICTION OF ACTIONS BROUGHT BY AND IN THE NAME OF THE UNITED STATES TO RESTRAIN ANY VIOLATION OF SECTION 114 OF THIS ACT.

"(D) WHENEVER ANY PERSON IS IN VIOLATION OF SECTION 114(A) OF THIS ACT, THE ADMINISTRATOR SHALL ISSUE AN ORDER SPECIFYING SUCH RELIEF AS HE DETERMINES IS NECESSARY TO PROTECT THE PUBLIC HEALTH AND WELFARE. SUCH RELIEF MAY INCLUDE AN ORDER REQUIRING SUCH PERSON TO CEASE SUCH VIOLATION, AND MAY ALSO INCLUDE THE SIEZURE OF ANY SUCH PRODUCTS BY THE ADMINISTRATOR.

"(2) ANY ORDER UNDER THIS SUBSECTION SHALL BE ISSUED ONLY AFTER NOTICE AND OPPORTUNITY FOR A HEARING IN ACCORDANCE WITH SECTION 554 OF TITLE 5 OF THE UNITED STATES CODE.

"CITIZEN SUITS

"SEC. 116 (A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, ANY PERSON MAY COMMENCE A CIVIL ACTION ON HIS OWN BEHALF:

"(1) AGAINST ANY PERSON (INCLUDING (A) THE UNITED STATES, AND (B) ANY OTHER GOVERNMENTAL INSTRUMENTALITY OR AGENCY TO THE EXTENT PERMITTED BY THE ELEVENTH AMENDMENT TO THE CONSTITUTION) WHO IS ALLEGED TO BE IN VIOLATION OF ANY CERTIFICATION, STANDARD, OR REGULATION WHICH HAS BECOME EFFECTIVE PURSUANT TO THIS ACT; AND

"(2) AGAINST THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY WHERE THERE IS ALLEGED A FAILURE OF SUCH ADMINISTRATOR TO PERFORM ANY ACT OR DUTY UNDER THIS ACT WHICH IS NOT DISCRETIONARY WITH SUCH ADMINISTRATOR.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

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THE DISTRICT COURTS OF THE UNITED STATES SHALL HAVE JURISDICTION, WITHOUT REGARD TO THE AMOUNT IN CONTROVERSY OR THE CITIZENSHIP OF THE PARTIES, TO ENFORCE SUCH STANDARD OR REQUIREMENT OR TO ORDER SUCH ADMINISTRATOR TO PERFORM SUCH ACT OR DUTY, AS THE CASE MAY BE.

"(B) NO ACTION MAY COMMENCED:

"(1) UNDER SUBSECTION (A)(1) OF THIS SECTION:

"(A) PRIOR TO THIRTY DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE OF THE VIOLATION (I) TO THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGCNEY AND (II) TO ANY ALLEGED VIOLATOR OF SUCH CERTIFICATION, STANDARD, OR REGULATION, OR

"(B) IF THE ADMINISTRATOR HAS COMMENCED AND IS DILIGENTLY PROSECUTING A CIVIL ACTION TO REQUIRE COMPLIANCE WITH SUCH CERTIFICATION, STANDARD, OR REGULATION, BUT IN ANY SUCH ACTION IN A COURT OF THE UNITED STATES ANY PERSON MAY INTERVENE AS A MATTER OF RIGHT; OR

"(2) UNDER SUBSECTION (A)(2) OF THIS SECTION PRIOR TO THIRTY DAYS AFTER THE PLAINTIFF HAS GIVEN NOTICE TO THE DEFENDANT THAT HE WILL COMMENCE SUCH ACTION.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

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NOTICE UNDER THIS SUBSECTION SHALL BE GIVEN IN SUCH MANNER AS THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY SHALL PRESCRIBE BY REGULATION.

"(C) IN AN ACTION UNDER THIS SECTION, THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY MAY INTERVENE AS A MATTER OF RIGHT.

"(D) THE COURT, IN ISSUING ANY FINAL ORDER IN ANY ACTION BROUGHT PURSUANT TO SUBSECTION (A) OF 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.

"(E) NOTHING IN THIS SECTION SHALL RESTRICT ANY RIGHT WHICH ANY PERSON (OR CLASS OF PERSONS) MAY HAVE UNDER ANY STATUTE OR COMMON LAW TO SEEK ENFORCEMENT OF ANY STANDARD OR REQUIREMENT RELATING TO SOLID WASTE MANAGEMENT OR TO SEEK ANY OTHER RELIEF (INCLUDING RELIEF AGAINST THE ADMINISTRATOR).

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

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"JUDICIAL REVIEW

"SEC. 117. ANY JUDICIAL REVIEW OF FINAL REGULATIONS PROMULGATED UNDER THIS ACT SHALL BE IN ACCORDANCE WITH SECTIONS 701 THROUGH 706 OF TITLE 5 OF THE UNITED STATES CODE, EXCEPT THAT:

"(A) A PETITION FOR REVIEW OF ACTION OF THE ADMINISTRATOR IN PROMULGATING ANY STANDARD, REGULATION, OR LABELING 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 SIXTY DAYS FROM THE DATE OF SUCH PROMULGATION, OR AFTER SUCH DATE IF SUCH PETITION IS BASED SOLELY ON GROUNDS ARISING AFTER SUCH SIXTIETH DAY. ACTION OF THE ADMINISTRATOR WITH RESPECT TO WHICH REVIEW COULD HAVE BEEN OBTAINED UNDER THIS SUBSECTION SHALL NOT BE SUBJECT TO JUDICIAL REVIEW IN CIVIL PROCEEDINGS FOR ENFORCEMENT EXCEPT AS TO WHETHER THE ADMINISTRATIVE AND JUDICIAL PROCEDURES OF THIS ACT HAVE BEEN OBSERVED;

"(B) 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 WAS NOT AVAILABLE AT THE TIME OF THE PROCEEDING BEFORE THE ADMINISTRATOR, THE COURT MAY ORDER SUCH ADDITIONAL EVIDENCE (AND EVIDENCE IN REBUTTAL THEREOF) TO BE TAKEN BEFORE THE ADMINISTRATOR, AND TO BE ADDUCED UPON THE HEARING IN SUCH MANNER AND UPON SUCH TERMS AND CONDITIONS AS THE COURT MAY DEEM PROPER.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 068 OF 196

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THE ADMINSTRATOR MAY MODIFY HIS FINDINGS AS TO THE FACTS, OR MAKE NEW FINDINGS, BY REASON OF THE ADDITIONAL EVIDENCE SO TAKEN, AND HE SHALL FILE WITH THE COURT SUCH MODIFIED OR NEW FINDINGS AND HIS RECOMMENDATION, IF ANY, FOR THE MODIFICATION OR SETTING ASIDE OF HIS ORIGINAL ORDER, WITH THE RETURN OF SUCH ADDITIONAL EVIDENCE;

"(C) WITH RESPECT TO RELIEF PENDING REVIEW OF AN ACTION BY THE ADMINISTRATOR, NO STAY OF AN AGENCY ACTION MAY BE GRANTED UNLESS THE REVIEWING COURT DETERMINES THAT THE PARTY SEEKING SUCH STAY IS (1) LIKELY TO PREVAIL ON THE MERITS IN THE REVIEW PROCEEDING AND (2) WILL SUFFER IRREPARABLE HARM PENDING SUCH PROCEEDING.

"RECORDS, REPORTS, AND INFORMATION

"SEC. 118. (A) ANY MANUFACTURER, DISTRIBUTOR, OR OTHER SELLER OF A PRODUCT, PACKAGE, OR CONTAINER OF ANY MAJOR ITEM OF SOLID WASTE FOR WHICH ANY CERTIFICATION, STANDARD, OR REGULATION HAS BEEN PROMULGATED PURSUANT TO THIS ACT SHALL (1) ESTABLISH AND MAINTAIN SUCH RECORDS, MAKE SUCH REPORTS, AND PROVIDE SUCH INFORMATION AS THE ADMINISTRATOR MAY REASONABLY REQUIRE TO ENABLE HIM TO DETERMINE WHETHER SUCH MANUFACTURER, DISTRIBUTOR, OR OTHER SELLER HAS ACTED OR IS ACTING IN COMPLIANCE WITH THIS ACT, AND (2) UPON REQUEST OF AN OFFICER OR EMPLOYEE DULY DESIGNATED BY THE ADMINISTRATOR, PERMIT SUCH OFFICER OR EMPLOYEE AT REASONABLE TIMES TO HAVE ACCESS TO SUCH INFORMATION: PROVIDED, HOWEVER, THAT SUCH RECORDS, REPORTS, OR OTHER MATERIALS AS ARE REQUIRED BY THIS SUBSECTION TO BE SHOWN TO THE ADMINISTRATOR SHALL NOT BE USED AS EVIDENCE IN ANY ACTION UNDER SUBSECTION (A) OF SECTION 114 OF THIS ACT.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 069 OF 196

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"(B) FOR THE PURPOSE OF OBTAINING INFORMATION TO CARRY OUT THIS ACT, THE ADMINISTRATOR MAY ISSUE SUBPENAS FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES AND THE PRODUCTION OF RELEVANT PAPERS, BOOKS, AND DOCUMENTS, AND HE MAY ADMINISTER OATHS. WITNESSES SUMMONED SHALL BE PAID THE SAME FEES AND MILEAGE THAT ARE PAID WITNESSES IN THE COURTS OF THE UNITED STATES. IN CASES OF CONTUMACY OR REFUSAL TO OBEY A SUBPENA SERVED UPON ANY PERSON UNDER THIS SUBSECTION, THE DISTRICT COURT OF THE UNITED STATES FOR ANY DISTRICT IN WHICH SUCH PERSON IS FOUND OR RESIDES OR TRANSACTS BUSINESS, UPON APPLICATION BY THE UNITED STATES AND AFTER NOTICE TO SUCH PERSON, SHALL HAVE JURISDICTION TO ISSUE AN ORDER REQUIRING SUCH PERSON TO APPEAR AND GIVE TESTIMONY BEFORE THE ADMINISTRATOR, TO APPEAR AND PRODUCE PAPERS, BOOKS, AND DOCUMENTS, BEFORE THE ADMINISTRATOR, OR BOTH, AND ANY FAILURE TO OBEY SUCH ORDER OF THE COURT MAY BE PUNISHED BY SUCH COURT AS A CONTEMPT THEREOF.

"(C) ANY RECORDS, REPORTS, OR INFORMATION OBTAINED UNDER THIS SECTION SHALL BE AVAILABEL TO THE PUBLIC, EXCEPT THAT UPON A SHOWING SATISFACTORY TO THE ADMINISTRATOR BY ANY PERSON THAT RECORDS, REPORTS, OR INFORMATION OR PARTICULAR PART THEREOF TO WHICH THE ADMINISTRATOR HAS ACCESS UNDER THIS SECTION IF MADE PUBLIC, WOULD DIVULGE METHODS OR PROCESSES ENTITLED TO PROTECTION AS TRADE SECRETS OF SUCH PERSON, THE ADMINISTRATOR SHALL CONSIDER SUCH RECORD, REPORT, OR INFORMATION OR PARTICULAR PORTION THEREOF CONFIDENTIAL IN ACCORDANCE WITH THE PURPOSES OF SECTION 19.05 OF TITLE 18 OF THE UNITED STATES CODE, EXCEPT THAT SUCH RECORD, REPORT, 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.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 070 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106522

HEARING

SENATE

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NOTHING IN THIS SECTION SHALL AUTHORIZE THE WITHHOLDING OF INFORMATION BY THE ADMINISTRATOR OR ANY OFFICER OR EMPLOYEE UNDER HIS CONTROL, FROM THE DULY AUTHORIZED COMMITTEES OF THE CONGRESS.

"(D) ANY COMMUNICATION FROM A PERSON OR ANY FEDERAL AGENCY TO THE ADMINISTRATOR OR ANY OTHER EMPLOYEE OF THE AGENCY CONCERNING A MATTER UNDER CONSIDERATION IN A RULEMAKING OR ADJUDICATORY PROCEEDING IN THE AGENCY SHALL BE MADE A PART OF THE PUBLIC FILE OF THAT PROCEEDING AND SHALL BE AVAILABLE FOR INSPECTION DURING REGULAR BUSINESS HOURS UNLESS IT IS A COMMUNICATION ENTITLED TO PROTECTION UNDER SUBSECTION (C) OF THIS SECTION.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 071 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106523

HEARING

SENATE

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BILL

"(E) ANY PERSON WHO KNOWINGLY MAKES ANY FALSE STATEMENT, REPRESENTATION, OR CERTIFICATION IN ANY APPLICATION, RECORD, REPORT, PLAN, OR OTHER DOCUMENT FILED OR REQUIRED TO BE MAINTAINED UNDER THIS ACT SHALL UPON CONVICTION BE PUNISHED BY A FINE OF NOT MORE THAN $10,000 OR BY IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR BY BOTH.

"PUBLIC RULEMAKING

"SEC. 119. AFTER PUBLICATION OF ANY PROPOSED STANDARDS OR REGULATIONS UNDER THIS ACT, THE ADMINISTRATOR SHALL, AFTER ADEQUATE NOTICE, HOLD A PUBLIC HEARING ON THE PROPOSED STANDARDS OR REGULATIONS AND SHALL ALSO ALLOW THE PUBLIC AN OPPORTUNITY TO PARTICIPATE IN RULEMAKING IN ACCORDANCE WITH SECTION 553 OF TITLE 5, UNITED STATES CODE.

"ANNUAL REPORT

"SEC. 120. (A) THE ADMINISTRATOR SHALL COMPILE AND PUBLISH ANNUALLY A REPORT TO THE CONGRESS:

"(1) THE STATUS AND PROGRESS OF ACTIVITIES RELATING TO REDUCTION OF SOLID WASTE AND THE REUSE, RECYCLING, AND DISPOSAL OF SOLID WASTE;

"(2) THE IMPACT OF FEDERAL PROCUREMENT, REGULATORY, AND TAX AND ECONOMIC POLICIES ON RESOURCE RECOVERY AND RECYCLING;

"(3) THE DEVELOPMENT OF MARKETS FOR RECYCLED MATERIALS;

"(4) THE ADEQUACY OF DISPOSAL SITES FOR HAZARDOUS WASTES AND OTHER DISPOSAL ITEMS;

"(5) EFFORTS OF STATE AND LOCAL GOVERNMENTS AND PRIVATE INDUSTRY IN IMPROVED SOLID WASTE MANAGEMENT;

"(6) NEW TECHNOLOGICAL DEVELOPMENTS AND OTHER PROCESSES AND SYSTEMS TO IMPROVE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY EFFORTS.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 072 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106524

HEARING

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BILL

"(7) THE NEED FOR TRAINING AND RECRUITING PERSONNEL FOR SOLID WASTE MANAGEMENT PROGRAMS;

"(8) THE STATUS OF ANY ENFORCEMENT ACTIONS TAKEN BY THE ADMINISTRATOR.

"(B) NO REPORT REQUIRED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, NOR ANY DRAFT OR PORTION THEREOF, SHALL BE SUBMITTED TO THE OFFICE OF MANAGEMENT AND BUDGET OR ANY OTHER FEDERAL AGENCY ON A DATE ANY EARLIER THAN THAT ON WHICH SUCH REPORT, OR DRAFT OR PORTION THEREOF, IS SUBMITTED TO THE CONGRESS.

"LABOR STANDARDS

"SEC. 121. NO GRANT FOR A PROJECT OF CONSTRUCTION UNDER THIS ACT SHALL BE MADE UNLESS THE ADMINISTRATOR FINDS THAT THE APPLICATION CONTAINS OR IS SUPPORTED BY REASONABLE ASSURANCE THAT ALL LABORERS AND MECHANICS EMPLOYED BY CONTRACTORS OR SUBCONTRACTORS ON PROJECTS OF THE TYPE COVERED BY THE DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 276A-276A-5), WILL BE PAID WAGES AT RATES NOT LESS THAN THOSE PREVAILING ON SIMILAR WORK IN THE LOCALITY AS DETERMINED BY THE SECRETARY OF LABOR IN ACCORDANCE WITH THAT ACT; AND THE SECRETARY OF LABOR SHALL HAVE WITH RESPECT TO THE LABOR STANDARDS SPECIFIED IN THIS SECTION THE AUTHORITY AND FUNCTIONS SET FORTH IN REORGANIZATION PLAN NUMBERED 14 OF 1950 (15 F.R. 3176; 5 U.S.C. 133Z-15) AND SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (40 U.S.C. 276C).

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 073 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106525

HEARING

SENATE

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BILL

"EMPLOYEE PROTECTION

"SEC. 122. (A) NO PERSON SHALL FIRE, OR IN ANY OTHER WAY DISCRIMINATE AGAINST, OR CAUSE TO BE FIRED OR DISCRIMINATED AGAINST, ANY EMPLOYEE OR ANY AUTHORIZED REPRESENTATIVE OF EMPLOYEES BY REASON OF THE FACT THAT SUCH EMPLOYEE OR REPRESENTATIVE HAS FILED, INSTITUTED, OR CAUSED TO BE FILED OR INSTITUTED, ANY PROCEEDING UNDER THIS ACT, OR HAS TESTIFIED OR IS ABOUT TO TESTIFY IN ANY PROCEEDINGS RELATED TO OR RESULTING FROM THE ADMINISTRATION OR ENFORCEMENT OF THE PROVISIONS OF THIS ACT.

"(B) ANY EMPLOYEE OR A REPRESENTATIVE OF EMPLOYEES WHO BELIEVES THAT HE HAS BEEN FIRED OR OTHERWISE DISCRIMINATED AGAINST BY ANY PERSON IN VIOLATION OF SUBSECTION (A) OF THIS SECTION MAY, WITHIN THIRTY DAYS AFTER SUCH ALLEGED VIOLATION OCCURS, APPLY TO THE SECRETARY OF LABOR FOR REVIEW OF SUCH FIRING OR ALLEGED DISCRIMINATION. A COPY OF THE APPLICATION SHALL BE SENT TO SUCH PERSON WHO SHALL BE THE RESPONDENT. UPON RECEIPT OF SUCH APPLICATION, THE SECRETARY OF LABOR SHALL CAUSE SUCH INVESTIGATION TO BE MADE AS HE DEEMS APPROPRIATE. SUCH INVESTIGATION SHALL PROVIDE AN OPPORTUNITY FOR A PUBLIC HEARING AT THE REQUEST OF ANY PARTY TO SUCH REVIEW TO ENABLE THE PARTIES TO PRESENT INFORMATION RELATING TO SUCH ALLEGED VIOLATION.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 074 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106526

HEARING

SENATE

TRANSCRIPT

BILL

THE PARTIES SHALL BE GIVEN WRITTEN NOTICE OF THE TIME AND PLACE OF THE HEARING AT LEAST FIVE DAYS PRIOR TO THE HEARING. ANY SUCH HEARING SHALL BE OF RECORD AND SHALL BE SUBJECT TO SECTION 544 OF TITLE 5 OF THE UNITED STATES CODE. UPON RECEIVING THE REPORT OF SUCH INVESTIGATION, THE SECRETARY OF LABOR SHALL MAKE FINDINGS OF FACT. IF HE FINDS THAT SUCH VIOLATION DID OCCUR, HE SHALL ISSUE A DECISION, INCORPORATING AN ORDER THEREIN AND HIS FINDINGS, REQUIRING THE PARTY COMMITTING SUCH VIOLATION TO TAKE SUCH AFFIRMATIVE ACTION TO ABATE THE VIOLATION AS THE SECRETARY OF LABOR DEEMS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO, THE REHIRING OR REINSTATEMENT OF THE EMPLOYEE OR REPRESENTATIVE OF EMPLOYEES TO HIS FORMER POSITION WITH COMPENSATION. IF HE FINDS THAT THERE WAS NO SUCH VIOLATIONS, HE SHALL ISSUE AN ORDER DENYING THE APPLICATION. SUCH ORDER ISSUED BY THE SECRETARY OF LABOR UNDER THIS SUBPARAGRAPH SHALL BE SUBJECT TO JUDICIAL REVIEW IN THE SAME MANNER AS ORDERS AND DECISIONS OF THE ADMINISTRATOR ARE SUBJECT TO JUDICIAL REVIEW UNDER THIS A.

"(C) WHENEVER AN ORDER IS ISSUED UNDER THIS SECTION TO ABATE SUCH VIOLATION, AT THE REQUEST OF THE APPLICANT, A SUM EQUAL TO THE AGGREGATE AMOUNT OF ALL COSTS AND EXPENSES (INCLUDING THE ATTORNEY'S FEES), AS DETERMINED BY THE SECRETARY OF LABOR TO HAVE BEEN REASONABLY INCURRED BY THE APPLICANT FOR, OR IN CONNECTION WITH, THE INSTITUTION AND PROSECUTION OF SUCH PROCEEDINGS, SHALL BE ASSESSED AGAINST THE PERSON COMMITTING SUCH VIOLATION.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 075 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106527

HEARING

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"(D) THIS SECTION SHALL HAVE NO APPLICATION TO ANY EMPLOYEE WHO, ACTING WITHOUT DIRECTION FROM HIS EMPLOYER (OR HIS AGENT) DELIBERATELY VIOLATES OR CAUSES TO BE VIOLATED ANY PROHIBITION OR LIMITATION ESTABLISHED UNDER THIS ACT OR WHO COMMITS ANY ACT PROHIBITED BY THIS ACT.

"(E) THE ADMINISTRATOR SHALL CONDUCT CONTINUING EVALUATIONS OF POTENTIAL LOSS OR SHIFTS OF EMPLOYMENT WHICH MAY RESULT FROM THE ISSUANCE OF ANY STANDARD, REGULATION, OR ORDER UNDER THIS ACT, INCLUDING, WHERE APPROPRIATE, INVESTIGATING THREATENED PLANT CLOSURES OR REDUCTIONS IN EMPLOYMENT ALLEGEDLY RESULTING FROM SUCH STANDARD, REGULATION, OR ORDER. ANY EMPLOYEE WHO IS DISCHARGED OR LAID OFF, THREATENED WITH DISCHARGE OR LAYOFF, OR OTHERWISE DISCRIMINATED AGAINST BY ANY PERSON BECAUSE OF THE ALLEGED RESULTS OF ANY STANDARD, REGULATION, OR ORDER ISSUED UNDER THIS ACT, OR ANY REPRESENTATIVE OF SUCH EMPLOYEE, MAY REQUEST THE ADMINISTRATOR TO CONDUCT A FULL INVESTIGATION OF THE MATTER. THE ADMINISTRATOR SHALL THEREUPON INVESTIGATE THE MATTER AND, AT THE REQUEST OF ANY PARTY, SHALL HOLD PUBLIC HEARINGS ON NOT LESS THAN FIVE DAYS NOTICE, AND SHALL AT SUCH HEARINGS REQUIRE THE PARTIES, INCLUDING THE EMPLOYER INVOLVED, TO PRESENT INFORMATION RELATING TO THE ACTUAL OR POTENTIAL EFFECT OF SUCH STANDARD, REGULATION, OR ORDER ON EMPLOYMENT AND ON ANY ALLEGED DISCHARGE, LAYOFF, OR OTHER DISCRIMINATION AND THE DETAILED REASONS OR JUSTIFICATION THEREOF.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 076 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106528

HEARING

SENATE

TRANSCRIPT

BILL

ANY SUCH HEARING SHALL BE OF RECORD AND SHALL BE SUBJECT TO SECTION 554 OF TITLE 5 OF THE UNITED STATES CODE. UPON RECEIVING THE REPORT OF SUCH INVESTIGATION, THE ADMINISTRATOR SHALL MAKE FINDINGS OF FACT AS TO THE EFFECT OF SUCH STANDARD, REGULATION OR ORDER 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. NOTING IN THIS SUBSECTION SHALL BE CONSTRUED TO REQUIRE OR AUTHORIZE THE ADMINISTRATOR TO MODIFY OR WITHDRAW ANY STANDARD, REGULATION, OR ORDER ISSUED UNDER THIS ACT.

"STATE AND LOCAL AUTHORITY

"SEC. 123. NOTHING IN THIS ACT SHALL BE INTERPRETED AS PRECLUDING OR DENYING THE RIGHT OF ANY STATE OR POLITICAL SUBDIVISION THEREOF TO ADOPT OR ENFORCE ANY STANDARD OR REGULATION RELATING TO SOLID WASTE MANAGEMENT OR REUSE, RECYCLING, OR DISPOSAL OF SOLID WASTE WHICH IS MORE STRINGENT THAN STANDARDS OR REGULATIONS IMPOSED UNDER THIS ACT.

"GENERAL PROVISIONS

"SEC. 124. (A) PAYMENTS OF GRANTS UNDER THIS ACT MAY BE MADE (AFTER NECESSARY ADJUSTMENT ON ACCOUNT OF PREVIOUSLY MADE UNDERPAYMENTS OR OVERPAYMENTS) IN ADVANCE OR BY WAY OF REIMBURSEMENT, AND IN SUCH INSTALLMENTS AND ON SUCH CONDITIONS AS THE ADMINISTRATOR MAY DETERMINE.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 077 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106529

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"(B) NO GRANT MAY BE MADE UNDER THIS ACT TO PRIVATE PROFITMAKING ORGANIZATIONS.

"(C) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY TO CARRY OUT THE PROVISIONS OF THIS ACT, OTHER THAN SECTION 106 AND SECTION 107 NOT TO EXCEED $50,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, NOT TO EXCEED $60,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976, AND NOT TO EXCEED $70,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977.

"(D) THERE ARE AUTHORIZED TO BE APPROPRIATED TO THE SECRETARY OF THE INTERIOR TO CARRY OUT THIS ACT NOT TO EXCEED $25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1975, NOT TO EXCEED $25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1976, AND NOT TO EXCEED $25,000,000 FOR THE FISCAL YEAR ENDING JUNE 30, 1977. PRIOR TO EXPENDING ANY FUNDS AUTHORIZED TO BE APPROPRIATED BY THIS SUBSECTION, THE SECRETARY OF THE INTERIOR SHALL CONSULT WITH THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY TO ASSURE THAT THE EXPENDITURE OF SUCH FUNDS WILL BE CONSISTENT WITH THE PURPOSES OF THIS ACT.

"(E) SUCH PORTION AS THE ADMINISTRATOR MAY DETERMINE BUT NOT MORE THAN 1 PER CENTUM, OF ANY APPROPRIATION FOR GRANTS, CONTRACTS, OR OTHER PAYMENTS UNDER ANY PROVISION OF THIS ACT FOR ANY FISCAL YEAR BEGINNING AFTER JUNE 30, 1970, SHALL BE AVAILALBE FOR EVALUATION (DIRECTLY, OR BY GRANTS OR CONTRACTS) OF ANY PROGRAM AUTHORIZED BY THIS ACT.

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 078 OF 196

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"(F) SUMS APPROPRIATED UNDER THIS ACT SHALL REMAIN AVAILABLE UNTIL EXPENDED.

"(G) ANY AND ALL DOCUMENTS SUBMITTED TO THE CONGRESS, THE OFFICE OF MANAGEMENT AND BUDGET, OR ANY OTHER FEDERAL AGENCY WITH RESPECT TO A PROPOSED BUDGET TO IMPLEMENT ANY OF THE PROVISIONS OF THIS ACT SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION DURING REGULAR BUSINESS HOURS AT A PLACE TO BE DESIGNATED BY THE ADMINISTRATOR.

"SEPARABILITY

"SEC. 125. IF ANY PROVISION OF THIS ACT, OR THE APPLICATION OF ANY PROVISION OF THIS ACT TO ANY PERSON OR CIRCUMSTANCE, IS HELD INVALID, THE APPLICATION OF SUCH PROVISION TO OTHER PERSONS OR CIRCUMSTANCES, AND THE REMAINDER OF THIS ACT, SHALL NOT BE AFFECTED THEREBY.

"WATER POLLUTION FROM SANITARY LANDFILLS

"SEC. 126. SUBSECTION 304(E)(2) OF THE FEDERAL WATER POLLUTION CONTROL ACT IS AMENDED BY STRIKING 'AND' AT THE END OF SUBPARAGRAPH (E), INSERTING 'AND' AT THE END OF SUBPARAGRAPH (F) AND ADDING A NEW SUBPARAGRAPH TO READ AS FOLLOWS:

"'(G) SANITARY LANDFILL SITES AND OTHER SOLID WASTE DISPOSAL ACTIVITIES'.".

THE NEED FOR A NATIONAL MATERIALS POLICY

OPENING STATEMENT OF DOMENICI PV

S 3560, 740531

S 3549, 740530

S 1086, 730306

S 3277, 740329

S 3954, 740822

PART 079 OF 196

DOMENICI PV SENATOR, NM

U.S. SENATE

106531

HEARING

SENATE

TRANSCRIPT

BILL

93D CONGRESS 1ST SESSION