Resource_Conservation_and_Recovery_Act,_(RCRA).pdf

SOLID WASTE DISPOSAL ACT

Q:\COMP\ENVIR2\RCRA

December 31, 2002

1 The Solid Waste Disposal Act (42 U.S.C. 6901–6992k) consists of title II of Public Law 89– 272 and the amendments made by subsequent enactments. This Act is popularly referred to as the Resource Conservation and Recovery Act, after the short title of the law that amended the Solid Waste Disposal Act in its entirety in 1976 (P.L. 94–580).

SOLID WASTE DISPOSAL ACT 1

[As Amended Through P.L. 107–377, December 31, 2002]

TITLE II—SOLID WASTE DISPOSAL

Subtitle A—General Provisions

SHORT TITLE AND TABLE OF CONTENTS

SEC. 1001. This title (hereinafter in this title referred to as ‘‘this Act’’), together with the following table of contents, may be cited as the ‘‘Solid Waste Disposal Act’’:

[42 U.S.C. 6901]

Subtitle A—General Provisions Sec. 1001. Short title and table of contents.

Sec. 1002. Congressional findings.

Sec. 1003. Objectives.

Sec. 1004. Definitions.

Sec. 1005. Governmental cooperation.

Sec. 1006. Application of Act and integration with other Acts.

Sec. 1007. Financial disclosure.

Sec. 1008. Solid waste management information and guidelines.

Subtitle B—Office of Solid Waste; Authorities of the Administrator Sec. 2001. Office of Solid Waste and Interagency Coordinating Committee.

Sec. 2002. Authorities of Administrator.

Sec. 2003. Resource recovery and conservation panels.

Sec. 2004. Grants for discarded tire disposal.

Sec. 2005. Labeling of certain oil.

Sec. 2006. Annual report.

Sec. 2007. General authorization.

Sec. 2008. Office of Ombudsman.

Subtitle C—Hazardous Waste Management Sec. 3001. Identification and listing of hazardous waste.

Sec. 3002. Standards applicable to generators of hazardous waste.

Sec. 3003. Standards applicable to transporters of hazardous waste.

Sec. 3004. Standards applicable to owners and operators of hazardous waste treat-ment, storage, and disposal facilities.

Sec. 3005. Permits for treatment, storage, or disposal of hazardous waste.

Sec. 3006. Authorized State hazardous waste programs.

Sec. 3007. Inspections.

Sec. 3008. Federal enforcement.

Sec. 3009. Retention of State authority.

Sec. 3010. Effective date.

Sec. 3011. Authorization of assistance to States.

Sec. 3012. Hazardous waste site inventory.

Sec. 3013. Monitoring, analysis, and testing.

Sec. 3014. Restrictions on recycled oil.

Sec. 3015. Expansion during interim status.

4Sec. 1001 SOLID WASTE DISPOSAL ACT

Sec. 3016. Inventory of Federal Agency hazardous waste facilities.

Sec. 3017. Export of hazardous waste.

Sec. 3018. Domestic sewage.

Sec. 3019. Exposure information and health assessments.

Sec. 3020. Interim control of hazardous waste injection.

Sec. 3021. Mixed waste inventory reports and plan.

Sec. 3022. Public vessels.

Sec. 3023. Federally owned treatment works.

Subtitle D—State or Regional Solid Waste Plans Sec. 4001. Objectives of subtitle.

Sec. 4002. Federal guidelines for plans.

Sec. 4003. Minimum requirements for approval of plans.

Sec. 4004. Criteria for sanitary landfills; sanitary landfills required for all disposal.

Sec. 4005. Upgrading of open dumps.

Sec. 4006. Procedure for development and implementation of State plan.

Sec. 4007. Approval of State plan; Federal assistance.

Sec. 4008. Federal assistance.

Sec. 4009. Rural communities assistance.

Sec. 4010. Adequacy of certain guidelines and criteria.

Subtitle E—Duties of the Secretary of Commerce in Resource and Recovery Sec. 5001. Functions.

Sec. 5002. Development of specifications for secondary materials.

Sec. 5003. Development of markets for recovered materials.

Sec. 5004. Technology promotion.

Sec. 5005. Nondiscrimination requirement.

Sec. 5006. Authorization of appropriations.

Subtitle F—Federal Responsibilities Sec. 6001. Application of Federal, State, and local law to Federal facilities.

Sec. 6002. Federal procurement.

Sec. 6003. Cooperation with Environmental Protection Agency.

Sec. 6004. Applicability of solid waste disposal guidelines to executive agencies.

Subtitle G—Miscellaneous Provisions Sec. 7001. Employee protection.

Sec. 7002. Citizen suits.

Sec. 7003. Imminent hazard.

Sec. 7004. Petition for regulations; public participation.

Sec. 7005. Separability.

Sec. 7006. Judicial review.

Sec. 7007. Grants or contracts for training projects.

Sec. 7008. Payments.

Sec. 7009. Labor standards.

Sec. 7010. Law enforcement authority.

Subtitle H—Research, Development, Demonstration, and Information Sec. 8001. Research, demonstrations, training, and other activities.

Sec. 8002. Special studies; plans for research, development, and demonstrations.

Sec. 8003. Coordination, collection, and dissemination of information.

Sec. 8004. Full-scale demonstration facilities.

Sec. 8005. Special study and demonstration projects on recovery of useful energy and materials.

Sec. 8006. Grants for resource recovery systems and improved solid waste disposal facilities.

Sec. 8007. Authorization of appropriations.

Subtitle I—Regulation of Underground Storage Tanks Sec. 9001. Definitions.

Sec. 9002. Notification.

Sec. 9003. Release detection, prevention, and correction regulations.

Sec. 9004. Approval of State programs.

Sec. 9005. Inspections, monitoring, and testing.

Sec. 9006. Federal enforcement.

Sec. 9007. Federal facilities.

5 Sec. 1002SOLID WASTE DISPOSAL ACT

Sec. 9008. State authority.

Sec. 9009. Study of underground storage tanks.

Sec. 9010. Authorization of appropriations.

Subtitle J—Demonstration Medical Waste Tracking Program

Sec. 11001. Scope of demonstration program for medical waste.

Sec. 11002. Listing of medical wastes.

Sec. 11003. Tracking of medical waste.

Sec. 11004. Inspections.

Sec. 11005. Enforcement.

Sec. 11006. Federal facilities.

Sec. 11007. Relationship to State law.

Sec. 11008. Health impact report.

Sec. 11009. General provisions.

Sec. 11010. Effective date.

Sec. 11011. Authorization of appropriations.

CONGRESSIONAL FINDINGS

SEC. 1002. (a) SOLID WASTE.—The Congress finds with respect to solid waste—

(1) that the continuing technological progress and improve-ment 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 the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, to-gether with related industrial, commercial, and agricultural op-erations, have resulted in a rising tide of scrap, discarded, and waste materials;

(3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, inter-governmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas;

(4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal prac-tices.

(b) ENVIRONMENT AND HEALTH.—The Congress finds with re-spect 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;

6Sec. 1002 SOLID WASTE DISPOSAL ACT

(2) disposal of solid waste and hazardous waste in or on the land without careful planning and management can present a danger to human health and the environment;

(3) as a result of the Clean Air Act, the Water Pollution Control Act, and other Federal and State laws respecting pub-lic 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 the disposal or use of solid waste have created greater amounts of air and water pollution and other problems for the environment and for health;

(4) open dumping is particularly harmful to health, con-taminates drinking water from underground and surface sup-plies, and pollutes the air and the land;

(5) the placement of inadequate controls on hazardous waste management will result in substantial risks to human health and the environment;

(6) if hazardous waste management is improperly per-formed in the first instance, corrective action is likely to be ex-pensive, complex, and time consuming;

(7) certain classes of land disposal facilities are not capable of assuring long-term containment of certain hazardous wastes, and to avoid substantial risk to human health and the environ-ment, reliance on land disposal should be minimized or elimi-nated, and land disposal, particularly landfill and surface im-poundment, should be the least favored method for managing hazardous wastes; and

(8) alternatives to existing methods of land disposal must be developed since many of the cities in the United States will be running out of suitable solid waste disposal sites within five years unless immediate action is taken.

(c) MATERIALS.—The Congress finds with respect to materials, that—

(1) millions of tons of recoverable material which could be used are needlessly buried each year;

(2) methods are available to separate usable materials from solid waste; and

(3) the recovery and conservation of such materials can re-duce the dependence of the United States on foreign resources and reduce the deficit in its balance of payments.

(d) ENERGY.—The Congress finds with respect to energy, that—

(1) solid waste represents a potential source of solid fuel, oil, or gas that can be converted into energy;

(2) the need exists to develop alternative energy sources for public and private consumption in order to reduce our de-pendence on such sources as petroleum products, natural gas, nuclear and hydroelectric generation; and

(3) technology exists to produce usable energy from solid waste.

[42 U.S.C. 6901]

7 Sec. 1003SOLID WASTE DISPOSAL ACT

OBJECTIVES AND NATIONAL POLICY

SEC. 1003. (a) OBJECTIVES.—The objectives of this Act are to promote the protection of health and environment and to conserve valuable material and energy resources by—

(1) providing technical and financial assistance to State and local governments and interstate agencies for the develop-ment of solid waste management plans (including resource re-covery and resource conservation systems) which will promote improved solid waste management techniques (including more effective organizational arrangements), new and improved methods of collection, separation, and recovery of solid waste, and the environmentally safe disposal of nonrecoverable resi-dues;

(2) providing training grants in occupations involving the design, operation, and maintenance of solid waste disposal sys-tems;

(3) prohibiting future open dumping on the land and re-quiring the conversion of existing open dumps to facilities which do not pose a danger to the environment or to health;

(4) assuring that hazardous waste management practices are conducted in a manner which protects human health and the environment;

(5) requiring that hazardous waste be properly managed in the first instance thereby reducing the need for corrective ac-tion at a future date;

(6) minimizing the generation of hazardous waste and the land disposal of hazardous waste by encouraging process sub-stitution, materials recovery, properly conducted recycling and reuse, and treatment;

(7) establishing a viable Federal-State partnership to carry out the purposes of this Act and insuring that the Adminis-trator will, in carrying out the provisions of subtitle C of this Act, give a high priority to assisting and cooperating with States in obtaining full authorization of State programs under subtitle C;

(8) providing for the promulgation of guidelines for solid waste collection, transport, separation, recovery, and disposal practices and systems;

(9) promoting a national research and development pro-gram for improved solid waste management and resource con-servation techniques, more effective organizational arrange-ments, and new and improved methods of collection, separa-tion, and recovery, and recycling of solid wastes and environ-mentally safe disposal of nonrecoverable residues;

(10) promoting the demonstration, construction, and appli-cation of solid waste management, resource recovery, and re-source conservation systems which preserve and enhance the quality of air, water, and land resources; and

(11) establishing a cooperative effort among the Federal, State, and local governments and private enterprise in order to recover valuable materials and energy from solid waste.

(b) NATIONAL POLICY.—The Congress hereby declares it to be the national policy of the United States that, wherever feasible, the

8Sec. 1004 SOLID WASTE DISPOSAL ACT generation of hazardous waste is to be reduced or eliminated as ex-peditiously as possible. Waste that is nevertheless generated should be treated, stored, or disposed of so as to minimize the present and future threat to human health and the environment.

[42 U.S.C. 6902]

DEFINITIONS

SEC. 1004. As used in this Act:

(1) The term ‘‘Administrator’’ means the Administrator of the

Environmental Protection Agency.

(2) The term ‘‘construction,’’ with respect to any project of con-struction under this Act, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the ac-quisition, replacement, expansion, remodeling, alteration, mod-ernization, or extension of existing structures, and (B) the acquisi-tion and installation of initial equipment of, or required in connec-tion with, new or newly acquired structures or the expanded, re-modeled, altered, modernized or extended part of existing struc-tures (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 in-cludes preliminary planning to determine the economic and engi-neering 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, work-ing drawings, specifications, and other action necessary for the car-rying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion.

(2A) The term ‘‘demonstration’’ means the initial exhibition of a new technology process or practice or a significantly new com-bination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness.

(3) The term ‘‘disposal’’ means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or haz-ardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the envi-ronment or be emitted into the air or discharged into any waters, including ground waters.

(4) The term ‘‘Federal agency’’ means any department, agency, or other instrumentality of the Federal Government, any inde-pendent agency or establishment of the Federal Government in-cluding any Government corporation, and the Government Printing Office.

(5) The term ‘‘hazardous waste’’ means a solid waste, or com-bination of solid wastes, which because of its quantity, concentra-tion, or physical, chemical, or infectious characteristics may—

(A) cause, or significantly contribute to an increase in mor-tality or an increase in serious irreversible, or incapacitating reversible, illness; or

(B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

9 Sec. 1004SOLID WASTE DISPOSAL ACT

(6) The term ‘‘hazardous waste generation’’ means the act or process of producing hazardous waste.

(7) The term ‘‘hazardous waste management’’ means the sys-tematic control of the collection, source separation, storage, trans-portation, processing, treatment, recovery, and disposal of haz-ardous 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 fa-cilities or equipment or the acquisition, leasing, or improvement of land.

(9) The term ‘‘intermunicipal agency’’ means an agency estab-lished by two or more municipalities with responsibility for plan-ning or administration of solid waste.

(10) The term ‘‘interstate agency’’ means an agency of two or more municipalities in different States, or an agency established by two or more States, with authority to provide for the management of solid wastes and serving two or more municipalities located in different States.

(11) The term ‘‘long-term contract’’ means, when used in rela-tion to solid waste supply, a contract of sufficient duration to as-sure the viability of a resource recovery facility (to the extent that such viability depends upon solid waste supply).

(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 gen-eration to the point of disposal, treatment, or storage.

(13) The term ‘‘municipality’’ (A) means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law, with responsibility for the planning or administration of solid waste management, or an Indian tribe or authorized tribal organization or Alaska Native village or organization, and (B) in-cludes 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 any facility or site where solid waste is disposed of which is not a sanitary landfill which meets the criteria promulgated under section 4004 and which is not a facility for disposal of hazardous waste.

(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 and shall include each department, agency, and instrumentality of the United States.

(16) The term ‘‘procurement item’’ means any device, good, sub-stance, material, product, or other item whether real or personal property which is the subject of any purchase, barter, or other ex-change made to procure such item.

(17) The term ‘‘procuring agency’’ means any Federal agency, or any State agency or agency of a political subdivision of a State which is using appropriated Federal funds for such procurement, or any person contracting with any such agency with respect to work performed under such contract.

10Sec. 1004 SOLID WASTE DISPOSAL ACT

(18) The term ‘‘recoverable’’ refers to the capability and likeli-hood of being recovered from solid waste for a commercial or indus-trial use.

(19) The term ‘‘recovered material’’ means waste material and byproducts which have been recovered or diverted from solid waste, but such term does not include those materials and byproducts generated from, and commonly reused within, an original manufac-turing process.

(20) The term ‘‘recovered resources’’ means material or energy recovered from solid waste.

(21) The term ‘‘resource conservation’’ means reduction of the amounts of solid waste that are generated, reduction of overall re-source consumption, and utilization of recovered resources.

(22) The term ‘‘resource recovery’’ means the recovery of mate-rial or energy from solid waste.

(23) The term ‘‘resource recovery system’’ means a solid waste management system which provides for collection, separation, recy-cling, and recovery of solid wastes, including disposal of non-recoverable waste residues.

(24) The term ‘‘resource recovery facility’’ means any facility at which solid waste is processed for the purpose of extracting, con-verting to energy, or otherwise separating and preparing solid waste for reuse.

(25) The term ‘‘regional authority’’ means the authority estab-lished or designated under section 4006.

(26) The term ‘‘sanitary landfill’’ means a facility for the dis-posal of solid waste which meets the criteria published under sec-tion 4004.

(26A) The term ‘‘sludge’’ means any solid, semisolid or liquid waste generated from a municipal, commercial, or industrial waste-water treatment plant, water supply treatment plant, or air pollu-tion control facility or any other such waste having similar charac-teristics and effects.

(27) The term ‘‘solid waste’’ means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dis-solved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).

(28) The term ‘‘solid waste management’’ means the systematic administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste.

(29) The term ‘‘solid waste management facility’’ includes—

(A) any resource recovery system or component thereof,

(B) any system, program, or facility for resource conserva-tion, and

11 Sec. 1004SOLID WASTE DISPOSAL ACT

(C) any facility for the collection, source separation, stor-age, transportation, transfer, processing, treatment or disposal of solid wastes, including hazardous wastes, whether such fa-cility is associated with facilities generating such wastes or otherwise.

(30) The terms ‘‘solid waste planning’’, ‘‘solid waste manage-ment’’, and ‘‘comprehensive planning’’ include planning or manage-ment respecting resource recovery and resource conservation.

(31) The term ‘‘State’’ means any of the several States, the Dis-trict of Columbia, the Commonwealth of Puerto Rico, the Virgin Is-lands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(32) The term ‘‘State authority’’ means the agency established or designated under section 4007.

(33) The term ‘‘storage’’, when used in connection with haz-ardous waste, means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.

(34) The term ‘‘treatment’’, when used in connection with haz-ardous waste, means any method, technique, or process, including neutralization, designed to change the physical, chemical, or bio-logical character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous.

(35) The term ‘‘virgin material’’ means a raw material, includ-ing previously unused copper, aluminum, lead, zinc, iron, or other metal or metal ore, any undeveloped resource that is, or with new technology will become, a source of raw materials.

(36) The term ‘‘used oil’’ means any oil which has been—

(A) refined from crude oil,

(B) used, and

(C) as a result of such use, contaminated by physical or chemical impurities.

(37) The term ‘‘recycled oil’’ means any used oil which is re-used, following its original use, for any purpose (including the pur-pose for which the oil was originally used). Such term includes oil which is re-refined, reclaimed, burned, or reprocessed.

(38) The term ‘‘lubricating oil’’ means the fraction of crude oil which is sold for purposes of reducing friction in any industrial or mechanical device. Such term includes re-refined oil.

(39) The term ‘‘re-refined oil’’ means used oil from which the physical and chemical contaminants acquired through previous use have been removed through a refining process.

(40) Except as otherwise provided in this paragraph, the term ‘‘medical waste’’ means any solid waste which is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Such term does not include any hazardous waste identi-fied or listed under subtitle C or any household waste as defined in regulations under subtitle C.

12Sec. 1005 SOLID WASTE DISPOSAL ACT

(41) The term ‘‘mixed waste’’ means waste that contains both hazardous waste and source, special nuclear, or by-prod-uct material subject to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).

[42 U.S.C. 6903]

GOVERNMENTAL COOPERATION

SEC. 1005. (a) INTERSTATE COOPERATION.—The provisions of this Act to be carried out by States may be carried out by inter-state agencies and provisions applicable to States may apply to interstate regions where such agencies and regions have been es-tablished by the respective States and approved by the Adminis-trator. In any such case, action required to be taken by the Gov-ernor of a State, respecting regional designation shall be required to be taken by the Governor of each of the respective States with respect to so much of the interstate region as is within the jurisdic-tion of that State.

(b) CONSENT OF CONGRESS TO COMPACTS.—The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for—

(1) cooperative effort and mutual assistance for the man-agement of solid waste or hazardous waste (or both) and the enforcement of their respective laws relating thereto, and

(2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agree-ments or compacts.

No such agreement or compact shall be binding or obligatory upon any State a party thereto unless it is agreed upon by all parties to the agreement and until it has been approved by the Adminis-trator and the Congress.

[42 U.S.C. 6904]

APPLICATION OF ACT AND INTEGRATION WITH OTHER ACTS

SEC. 1006. (a) APPLICATION OF ACT.—Nothing in this Act shall be construed to apply to (or to authorize any State, interstate, or local authority to regulate) any activity or substance which is sub-ject to the Federal Water Pollution Control Act (33 U.S.C. 1151 and following), the Safe Drinking Water Act (42 U.S.C. 300f and fol-lowing), the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1401 and following), or the Atomic Energy Act of 1954 (42 U.S.C. 2011 and following) except to the extent that such application (or regulation) is not inconsistent with the require-ments of such Acts.

(b) INTEGRATION WITH OTHER ACTS.—(1) The Administrator shall integrate all provisions of this Act for purposes of administra-tion and enforcement and shall avoid duplication, to the maximum extent practicable, with the appropriate provisions of the Clean Air Act (42 U.S.C. 1857 and following), the Federal Water Pollution Control Act (33 U.S.C. 1151 and following), the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 and following), the Safe Drinking Water Act (42 U.S.C. 300f and following), the Ma-rine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.

13 Sec. 1006SOLID WASTE DISPOSAL ACT

1401 and following) and such other Acts of Congress as grant regu-latory authority to the Administrator. Such integration shall be ef-fected only to the extent that it can be done in a manner consistent with the goals and policies expressed in this Act and in the other acts referred to in this subsection.

(2)(A) As promptly as practicable after the date of the enact-ment of the Hazardous and Solid Waste Amendments of 1984, the Administrator shall submit a report describing—

(i) the current data and information available on emissions of polychlorinated dibenzo-p-dioxins from resource recovery fa-cilities burning municipal solid waste;

(ii) any significant risks to human health posed by these emissions; and

(iii) operating practices appropriate for controlling these emissions.

(B) Based on the report under subparagraph (A) and on any fu-ture information on such emissions, the Administrator may publish advisories or guidelines regarding the control of dioxin emissions from such facilities. Nothing in this paragraph shall be construed to preempt or otherwise affect the authority of the Administrator to promulgate any regulations under the Clean Air Act regarding emissions of polychlorinated dibenzo-p-dioxins.

(3) Notwithstanding any other provisions of law, in developing solid waste plans, it is the intention of this Act that in determining the size of a waste-to-energy facility, adequate provisions shall be given to the present and reasonably anticipated future needs, in-cluding those needs created by thorough implementation of section 6002(h), of the recycling and resource recovery interests within the area encompassed by the solid waste plan.

(c) INTEGRATION WITH THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977.—(1) No later than 90 days after the date of enactment of the Solid Waste Disposal Act Amendments of 1980, the Administrator shall review any regulations applicable to the treatment, storage, or disposal of any coal mining wastes or overburden promulgated by the Secretary of the Interior under the Surface Mining and Reclamation Act of 1977. If the Administrator determines that any requirement of final regulations promulgated under any section of subtitle C relating to mining wastes or over-burden is not adequately addressed in such regulations promul-gated by the Secretary, the Administrator shall promptly transmit such determination, together with suggested revisions and sup-porting documentation, to the Secretary.

(2) The Secretary of the Interior shall have exclusive responsi-bility for carrying out any requirement of subtitle C of this Act with respect to coal mining wastes or overburden for which a sur-face coal mining and reclamation permit is issued or approved under the Surface Mining Control and Reclamation Act of 1977.

The Secretary shall, with the concurrence of the Administrator, promulgate such regulations as may be necessary to carry out the purposes of this subsection and shall integrate such regulations with regulations promulgated under the Surface Mining Control and Reclamation Act of 1977.

[42 U.S.C. 6905]

14Sec. 1007 SOLID WASTE DISPOSAL ACT

FINANCIAL DISCLOSURE

SEC. 1007. (a) STATEMENT.—Each officer or employee of the Administrator who—

(1) performs any function or duty under this Act; and

(2) has any known financial interest in any person who ap-plies for or receives financial assistance under this Act shall, beginning on February 1, 1977, annually file with the Admin-istrator a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public.

(b) ACTION BY ADMINISTRATOR.—The Administrator shall—

(1) act within ninety days after the date of enactment of this Act—

(A) to define the term ‘‘known financial interest’’ for purposes of subsection (a) of this section; and

(B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appro-priate provision for the filing by such officers and employ-ees of such statements and the review by the Adminis-trator of such statements; and

(2) report to the Congress on June 1, 1978, and of each succeeding calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding cal-endar year.

(c) EXEMPTION.—In the rules prescribed under subsection (b) of this section, the Administrator may identify specific positions with-in the Environmental Protection Agency which are of a non- policy-making nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this sec-tion.

(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.

[42 U.S.C. 6906]

SOLID WASTE MANAGEMENT INFORMATION AND GUIDELINES

SEC. 1008. (a) GUIDELINES.—Within one year of enactment of this section, and from time to time thereafter, the Administrator shall, in cooperation with appropriate Federal, State, municipal, and intermunicipal agencies, and in consultation with other inter-ested persons, and after public hearings, develop and publish sug-gested guidelines for solid waste management. Such suggested guidelines shall—

(1) provide a technical and economic description of the level of performance that can be attained by various available solid waste management practices (including operating prac-tices) which provide for the protection of public health and the environment;

(2) not later than two years after the enactment of this section, describe levels of performance, including appropriate methods and degrees of control, that provide at a minimum for

(A) protection of public health and welfare; (B) protection of

15 Sec. 2001SOLID WASTE DISPOSAL ACT

1 Section 307(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 6911a) provides:

(b) The Assistant Administrator of the Environmental Protection Agency appointed to head the Office of Solid Waste shall be in addition to the five Assistant Administrators of the Envi-ronmental Protection Agency provided for in section 1(d) of Reorganization Plan Numbered 3 of 1970 and the additional Assistant Administrator provided by the Toxic Substances Control Act, shall be appointed by the President by and with the advice and consent of the Senate.

the quality of ground waters and surface waters from leachates; (C) protection of the quality of surface waters from runoff through compliance with effluent limitations under the Federal Water Pollution Control Act, as amended; (D) protec-tion of ambient air quality through compliance with new source performance standards or requirements of air quality implementation plans under the Clean Air Act, as amended;

(E) disease and vector control; (F) safety; and (G) esthetics; and

(3) provide minimum criteria to be used by the States to define those solid waste management practices which con-stitute the open dumping of solid waste or hazardous waste and are to be prohibited under subtitle D of this Act.

Where appropriate, such suggested guidelines also shall include minimum information for use in deciding the adequate location, de-sign, and construction of facilities associated with solid waste man-agement practices, including the consideration of regional, geo-graphic, demographic, and climatic factors.

(b) NOTICE.—The Administrator shall notify the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a rea-sonable time before publishing any suggested guidelines or pro-posed regulations under this Act of the content of such proposed suggested guidelines or proposed regulations under this Act.

[42 U.S.C. 6907]

Subtitle B—Office of Solid Waste; Authorities of the Administrator

OFFICE OF SOLID WASTE AND INTERAGENCY COORDINATING

COMMITTEE

SEC. 2001. (a) OFFICE OF SOLID WASTE.—The Administrator shall establish within the Environmental Protection Agency an Of-fice of Solid Waste (hereinafter referred to as the ‘‘Office’’) to be headed by an Assistant Administrator of the Environmental Protec-tion Agency. The duties and responsibilities (other than duties and responsibilities relating to research and development) of the Ad-ministrator under this Act (as modified by applicable reorganiza-tion plans) shall be carried out through the Office. 1

(b) INTERAGENCY COORDINATING COMMITTEE.—(1) There is hereby established an Interagency Coordinating Committee on Fed-eral Resource Conservation and Recovery Activities which shall have the responsibility for coordinating all activities dealing with resource conservation and recovery from solid waste carried out by the Environmental Protection Agency, the Department of Energy, the Department of Commerce, and all other Federal agencies which conduct such activities pursuant to this or any other Act. For pur-poses of this subsection, the term ‘‘resource conservation and recov-ery activities’’ shall include, but not be limited to, all research, de-

16Sec. 2002 SOLID WASTE DISPOSAL ACT velopment and demonstration projects on resource conservation or energy, or material, recovery from solid waste, and all technical or financial assistance for State or local planning for, or implementa-tion of, projects related to resource conservation or energy or mate-rial, recovery from solid waste. The Committee shall be chaired by the Administrator of the Environmental Protection Agency or such person as the Administrator may designate. Members of the Com-mittee shall include representatives of the Department of Energy, the Department of Commerce, the Department of the Treasury, and each other Federal agency which the Administrator determines to have programs or responsibilities affecting resource conservation or recovery.

(2) The Interagency Coordinating Committee shall include oversight of the implementation of—

(A) the May 1979 Memorandum of Understanding on En-ergy Recovery from Municipal Solid Waste between the Envi-ronmental Protection Agency and the Department of Energy;

(B) the May 30, 1978, Interagency Agreement between the Department of Commerce and the Environmental Protection Agency on the Implementation of the Resource Conservation and Recovery Act; and

(C) any subsequent agreements between these agencies or other Federal agencies which address Federal resource recov-ery or conservation activities.

(3) The Interagency Coordinating Committee shall submit to the Congress by March 1, 1981, and on March 1 each year there-after, a five-year action plan for Federal resource conservation or recovery activities which shall identify means and propose pro-grams to encourage resource conservation or material and energy recovery and increase private and municipal investment in re-source conservation or recovery systems, especially those which provide for material conservation or recovery as well as energy con-servation or recovery. Such plan shall describe, at a minimum, a coordinated and nonduplicatory plan for resource recovery and con-servation activities for the Environmental Protection Agency, the Department of Energy, the Department of Commerce, and all other Federal agencies which conduct such activities.

[42 U.S.C. 6911]

AUTHORITIES OF ADMINISTRATOR

SEC. 2002. (a) AUTHORITIES.—In carrying out this Act, the Ad-ministrator is authorized to—

(1) prescribe, in consultation with Federal, State, and re-gional authorities, such regulations as are necessary to carry out his functions under this Act;

(2) consult with or exchange information with other Fed-eral agencies undertaking research, development, demonstra-tion projects, studies, or investigations relating to solid waste;

(3) provide technical and financial assistance to States or regional agencies in the development and implementation of solid waste plans and hazardous waste management programs;

17 Sec. 2004SOLID WASTE DISPOSAL ACT

1 The reference in section 2002(a)(5) to the National Bureau of Standards is deemed to refer to the National Institute of Standards and Technology, pursuant to section 5115(c) of Public Law 100–418.

(4) consult with representatives of science, industry, agri-culture, labor, environmental protection and consumer organi-zations, and other groups, as he deems advisable;

(5) utilize the information, facilities, personnel and other resources of Federal agencies, including the National Bureau of Standards 1 and the National Bureau of the Census, on a reim-bursable basis, to perform research and analyses and conduct studies and investigations related to resource recovery and con-servation and to otherwise carry out the Administrator’s func-tions under this Act; and

(6) to delegate to the Secretary of Transportation the per-formance of any inspection or enforcement function under this Act relating to the transportation of hazardous waste where such delegation would avoid unnecessary duplication of activity and would carry out the objectives of this Act and of the Haz-ardous Materials Transportation 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.

(c) CRIMINAL INVESTIGATIONS.—In carrying out the provisions of this Act, the Administrator, and duly-designated agents and em-ployees of the Environmental Protection Agency, are authorized to initiate and conduct investigations under the criminal provisions of this Act, and to refer the results of these investigations to the At-torney General for prosecution in appropriate cases.

[42 U.S.C. 6912]

RESOURCE RECOVERY AND CONSERVATION PANELS

SEC. 2003. The Administrator shall provide teams of personnel, including Federal, State, and local employees or contractors (here-inafter referred to as ‘‘Resource Conservation and Recovery Pan-els’’) to provide Federal agencies, States and local governments upon request with technical assistance on solid waste management, resource recovery, and resource conservation. Such teams shall in-clude technical, marketing, financial, and institutional specialists, and the services of such teams shall be provided without charge to States or local governments.

[42 U.S.C. 6913]

GRANTS FOR DISCARDED TIRE DISPOSAL

SEC. 2004. (a) GRANTS.—The Administrator shall make avail-able grants equal to 5 percent of the purchase price of tire shred-ders (including portable shredders attached to tire collection trucks) to those eligible applicants best meeting criteria promul-gated under this section. An eligible applicant may be any private purchaser, public body, or public-private joint venture. Criteria for receiving grants shall be promulgated under this section and shall include the policy to offer any private purchaser the first option to receive a grant, the policy to develop widespread geographic dis-

18Sec. 2005 SOLID WASTE DISPOSAL ACT tribution of tire shredding facilities, the need for such facilities within a geographic area, and the projected risk and viability of any such venture. In the case of an application under this section from a public body, the Administrator shall first make a determina-tion that there are no private purchasers interested in making an application before approving a grant to a public body.

(b) AUTHORIZATION.—There is authorized to be appropriated $750,000 for each of the fiscal years 1978 and 1979 to carry out this section.

[42 U.S.C. 6914]

LABELING OF CERTAIN OIL

SEC. 2005. For purposes of any provision of law which requires the labeling of commodities, lubricating oil shall be treated as law-fully labeled only if it bears the following statement, prominently displayed:

‘‘DON’T POLLUTE—CONSERVE RESOURCES; RETURN USED

OIL TO COLLECTION CENTERS’’.

[42 U.S.C. 6914a]

ANNUAL REPORT

SEC. 2006. The Administrator shall transmit to the Congress and the President, not later than ninety days after the end of each fiscal year, a comprehensive and detailed report on all activities of the Office during the preceding fiscal year. Each such report shall include—

(1) a statement of specific and detailed objectives for the activities and programs conducted and assisted under this Act;

(2) statements of the Administrator’s conclusions as to the effectiveness of such activities and programs in meeting the stated objectives and the purposes of this Act, measured through the end of such fiscal year;

(3) a summary of outstanding solid waste problems con-fronting the Administration, in order of priority;

(4) recommendations with respect to such legislation which the Administrator deems necessary or desirable to assist in solving problems respecting solid waste;

(5) all other information required to be submitted to the Congress pursuant to any other provision of this Act; and

(6) the Administrator’s plans for activities and programs respecting solid waste during the next fiscal year.

[42 U.S.C. 6915]

GENERAL AUTHORIZATION

SEC. 2007. (a) GENERAL ADMINISTRATION.—There are author-ized to be appropriated to the Administrator for the purpose of car-rying 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, $42,000,000 for the fiscal year ending Sep-tember 30, 1979, $70,000,000 for the fiscal year ending September 30, 1980, $80,000,000 for the fiscal year ending September 30, 19 Sec. 2008SOLID WASTE DISPOSAL ACT

1981, $80,000,000 for the fiscal year ending September 30, 1982, $70,000,000 for the fiscal year ending September 30, 1985, $80,000,000 for the fiscal year ending September 30, 1986, $80,000,000 for the fiscal year ending September 30, 1987, and $80,000,000 for the fiscal year 1988.

(b) RESOURCE RECOVERY AND CONSERVATION PANELS.—Not less than 20 percent of the amount appropriated under subsection (a), or $5,000,000 per fiscal year, whichever is less, shall be used only for purposes of Resource Recovery and Conservation Panels established under section 2003 (including travel expenses incurred by such panels in carrying out their functions under this Act).

(c) HAZARDOUS WASTE.—Not less than 30 percent of the amount appropriated under subsection (a) shall be used only for purposes of carrying out subtitle C of this Act (relating to haz-ardous waste) other than section 3011.

(d) STATE AND LOCAL SUPPORT.—Not less than 25 per centum of the total amount appropriated under this title, up to the amount authorized in section 4008(a)(1), shall be used only for purposes of support to State, regional, local, and interstate agencies in accord-ance with subtitle D of this Act other than section 4008(a)(2) or 4009.

(e) CRIMINAL INVESTIGATORS.—There is authorized to be appro-priated to the Administrator $3,246,000 for the fiscal year 1985, $2,408,300 for the fiscal year 1986, $2,529,000 for the fiscal year 1987, and $2,529,000 for the fiscal year 1988 to be used—

(1) for additional officers or employees of the Environ-mental Protection Agency authorized by the Administrator to conduct criminal investigations (to investigate, or supervise the investigation of, any activity for which a criminal penalty is provided) under this Act; and

(2) for support costs for such additional officers or employ-ees.

(f) UNDERGROUND STORAGE TANKS.—(1) There are authorized to be appropriated to the Administrator for the purpose of carrying out the provisions of subtitle I (relating to regulation of under-ground storage tanks), $10,000,000 for each of the fiscal years 1985 through 1988.

(2) There is authorized to be appropriated $25,000,000 for each of the fiscal years 1985 through 1988 to be used to make grants to the States for purposes of assisting the States in the develop-ment and implementation of approved State underground storage tank release detection, prevention, and correction programs under subtitle I.

[42 U.S.C. 6916]

OFFICE OF OMBUDSMAN

SEC. 2008. (a) ESTABLISHMENT; FUNCTIONS.—The Adminis-trator shall establish an Office of Ombudsman, to be directed by an Ombudsman. It shall be the function of the Office of Ombudsman to receive individual complaints, grievances, requests for informa-tion submitted by any person with respect to any program or re-quirement under this Act.

20Sec. 3001 SOLID WASTE DISPOSAL ACT

(b) AUTHORITY TO RENDER ASSISTANCE.—The Ombudsman shall render assistance with respect to the complaints, grievances, and requests submitted to the Office of Ombudsman, and shall make appropriate recommendations to the Administrator.

(c) EFFECT ON PROCEDURES FOR GRIEVANCES, APPEALS, OR AD- MINISTRATIVE MATTERS.—The establishment of the Office of Om-budsman shall not affect any procedures for grievances, appeals, or administrative matters in any other provision of this Act, any other provision of law, or any Federal regulation.

(d) TERMINATION.—The Office of the Ombudsman shall cease to exist 4 years after the date of enactment of the Hazardous and Solid Waste Amendments of 1984.

[42 U.S.C. 6917]

Subtitle C—Hazardous Waste Management

IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

SEC. 3001. (a) CRITERIA FOR IDENTIFICATION OR LISTING.—Not later than eighteen months after the date of the enactment of this Act, the Administrator shall, after notice and opportunity for public hearing, and after consultation with appropriate Federal and State agencies, develop and promulgate criteria for identifying the char-acteristics 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, po-tential for…