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42 U.S.C. § 6632 (THE PUBLIC HEALTH AND WELFARE)
§ 6632. Membership of Committee
(a) Composition; appointment
The Committee shall consist of—
(1) the Director of the Office of Science and Technology Policy established under subchapter II of this chapter; and
(2) not less than eight nor more than fourteen other members appointed by the President not more than sixty days after the Director has assumed office (as provided in section 6612 of this title).
(b) Qualifications
Members of the Committee appointed by the President pursuant to subsection (a)(2) of this section shall—
(1) be qualified and distinguished in one or more of the following areas: science, engineering, technology, information dissemination, education, management, labor, or public affairs;
(2) be capable of critically assessing the policies, priorities, programs, and activities of the Nation, with respect to the findings, policies, and purposes set forth in subchapter I; and
(3) shall collectively constitute a balanced composition with respect to (A) fields of science and engineering, (B) academic, industrial, and government experience, and (C) business, labor, consumer, and public interest points of view.
(c) Chairman; Vice Chairman
The President shall appoint one member of the Committee to serve as Chairman and another member to serve as Vice Chairman for such periods as the President may determine.
(d) Compensation
Each member of the Committee who is not an officer of the Federal Government shall, while serving on business of the Committee, be entitled to receive compensation at a rate not to exceed the daily rate prescribed for GS–18 of the General Schedule under section 5332 of title 5, including traveltime, and while so serving away from his home or regular place of business he may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as the expenses authorized by section 5703(b) 1 of title 5 for persons in Government service employed intermittently.
(Pub. L. 94–282, title III, § 302, May 11, 1976, 90 Stat. 468.)
heading: Editorial Notes
heading: References in Text
text: Section 5703 of title 5, referred to in subsec. (d), was amended generally by Pub. L. 94–22, § 4, May 19, 1975, 89 Stat. 95, and, as so amended, does not contain a subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: References in Other Laws to GS–16, 17, or 18 Pay Rates
text: References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
heading: Executive Documents
heading: Abolition of President’s Committee on Science and Technology; Transfer of Functions
text: See note set out under section 6631 of this title.
42 U.S.C. § 6634 (THE PUBLIC HEALTH AND WELFARE)
§ 6634. Continuation of Committee
(a) Ninety days after submission of the final report prepared under section 6633 of this title, the Committee shall cease to exist, unless the President, before the expiration of the ninety-day period, makes a determination that it is advantageous for the Committee to continue in being.
(b) If the President determines that it is advantageous for the Committee to continue in being, (1) the Committee shall exercise such functions as are prescribed by the President; and (2) the members of the Committee shall serve at the pleasure of the President.
(Pub. L. 94–282, title III, § 304, May 11, 1976, 90 Stat. 470.)
heading: Executive Documents
heading: Abolition of President’s Committee on Science and Technology; Transfer of Functions
text: See note set out under section 6631 of this title.
42 U.S.C. § 6635 (THE PUBLIC HEALTH AND WELFARE)
§ 6635. Staff and consultant support
(a) In the performance of its functions under sections 6633 and 6634 of this title, the Committee is authorized—
(1) to select, appoint, employ, and fix the compensation of such specialists and other experts as may be necessary for the carrying out of its duties and functions, and to select, appoint, and employ, subject to the civil service laws, such other officers and employees as may be necessary for carrying out its duties and functions; and
(2) to provide for participation of such civilian and military personnel as may be detailed to the Committee pursuant to subsection (b) of this section for carrying out the functions of the Committee.
(b) Upon request of the Committee, the head of any Federal department, agency, or instrumentality is authorized (1) to furnish to the Committee such information as may be necessary for carrying out its functions and as may be available to or procurable by such department, agency, or instrumentality, and (2) to detail to temporary duty with the Committee on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions. Each such detail shall be without loss of seniority, pay, or other employee status, to civilian employees so detailed, and without loss of status, rank, office, or grade, or of any emolument, perquisite, right, privilege, or benefit incident thereto to military personnel so detailed. Each such detail shall be made pursuant to an agreement between the Chairman and the head of the relevant department, agency, or instrumentality, and shall be in accordance with the provisions of subchapter III of chapter 33, title 5.
(Pub. L. 94–282, title III, § 305, May 11, 1976, 90 Stat. 470.)
heading: Executive Documents
heading: Abolition of President’s Committee on Science and Technology; Transfer of Functions
text: See note set out under section 6631 of this title.
42 U.S.C. § 6904 (THE PUBLIC HEALTH AND WELFARE)
§ 6904. Governmental cooperation
(a) Interstate cooperation
The provisions of this chapter to be carried out by States may be carried out by interstate agencies and provisions applicable to States may apply to interstate regions where such agencies and regions have been established by the respective States and approved by the Administrator. In any such case, action required to be taken by the Governor of a State, respecting regional designation shall be required to be taken by the Governor of each of the respective States with respect to so much of the interstate region as is within the jurisdiction of that State.
(b) Consent of Congress to compacts
The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for—
(1) cooperative effort and mutual assistance for the management of solid waste or hazardous waste (or both) and the enforcement of their respective laws relating thereto, and
(2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements or compacts.
No such agreement or compact shall be binding or obligatory upon any State a party thereto unless it is agreed upon by all parties to the agreement and until it has been approved by the Administrator and the Congress.
(Pub. L. 89–272, title II, § 1005, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2801.)
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6906 (THE PUBLIC HEALTH AND WELFARE)
§ 6906. Financial disclosure
(a) Statement
Each officer or employee of the Administrator who—
(1) performs any function or duty under this chapter; and
(2) has any known financial interest in any person who applies for or receives financial assistance under this chapter
shall, beginning on February 1, 1977, annually file with the Administrator a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public.
(b) Action by Administrator
The Administrator shall—
(1) act within ninety days after October 21, 1976—
(A) to define the term “known financial interest” for purposes of subsection (a) of this section; and
(B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provision for the filing by such officers and employees of such statements and the review by the Administrator of such statements; and
(2) report to the Congress on June 1, 1978, and of each succeeding calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year.
(c) Exemption
In the rules prescribed under subsection (b) of this section, the Administrator may identify specific positions within the Environmental Protection Agency which are of a nonpolicy-making nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.
(d) Penalty
Any officer or employee who is subject to, and knowingly violates, this section shall be fined not more than $2,500 or imprisoned not more than one year, or both.
(Pub. L. 89–272, title II, § 1007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2802.)
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of reporting provisions in subsec. (b)(2) of this section, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 14th item on page 164 of House Document No. 103–7.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6913 (THE PUBLIC HEALTH AND WELFARE)
§ 6913. Resource Recovery and Conservation Panels
The Administrator shall provide teams of personnel, including Federal, State, and local employees or contractors (hereinafter referred to as “Resource Conservation and Recovery Panels”) to provide Federal agencies, States and local governments upon request with technical assistance on solid waste management, resource recovery, and resource conservation. Such teams shall include technical, marketing, financial, and institutional specialists, and the services of such teams shall be provided without charge to States or local governments.
(Pub. L. 89–272, title II, § 2003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2804; amended Pub. L. 95–609, § 7(e), Nov. 8, 1978, 92 Stat. 3081.)
heading: Editorial Notes
heading: Amendments
text: 1978—Pub. L. 95–609 inserted “Federal agencies,” after “to provide”.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6914 (THE PUBLIC HEALTH AND WELFARE)
§ 6914. Grants for discarded tire disposal
(a) Grants
The Administrator shall make available grants equal to 5 percent of the purchase price of tire shredders (including portable shredders attached to tire collection trucks) to those eligible applicants best meeting criteria promulgated under this section. An eligible applicant may be any private purchaser, public body, or public-private joint venture. Criteria for receiving grants shall be promulgated under this section and shall include the policy to offer any private purchaser the first option to receive a grant, the policy to develop widespread geographic distribution of tire shredding facilities, the need for such facilities within a geographic area, and the projected risk and viability of any such venture. In the case of an application under this section from a public body, the Administrator shall first make a determination that there are no private purchasers interested in making an application before approving a grant to a public body.
(b) Authorization of appropriations
There is authorized to be appropriated $750,000 for each of the fiscal years 1978 and 1979 to carry out this section.
(Pub. L. 89–272, title II, § 2004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2805.)
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6915 (THE PUBLIC HEALTH AND WELFARE)
§ 6915. Annual report
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 chapter;
(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 chapter, measured through the end of such fiscal year;
(3) a summary of outstanding solid waste problems confronting the Administrator, in order of priority;
(4) recommendations with respect to such legislation which the Administrator deems necessary or desirable to assist in solving problems respecting solid waste;
(5) all other information required to be submitted to the Congress pursuant to any other provision of this chapter; and
(6) the Administrator’s plans for activities and programs respecting solid waste during the next fiscal year.
(Pub. L. 89–272, title II, § 2006, formerly § 2005, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2805, and renumbered Pub. L. 96–463, § 4(a), Oct. 15, 1980, 94 Stat. 2056; amended Pub. L. 98–616, title V, § 502(b), Nov. 8, 1984, 98 Stat. 3276.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2006 of Pub. L. 89–272 was renumbered section 2007 and is classified to section 6916 of this title.
heading: Amendments
text: 1984—Par. (1). Pub. L. 98–616 substituted “detailed” for “detail”.
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of this section relating to transmittal of annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 19th item on page 164 of House Document No. 103–7.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6931 (THE PUBLIC HEALTH AND WELFARE)
§ 6931. Authorization of assistance to States
(a) Authorization of appropriations
There is authorized to be appropriated $25,000,000 for each of the fiscal years 1978 and 1979 1 $20,000,000 for fiscal year 1980, $35,000,000 for fiscal year 1981, $40,000,000 for the fiscal year 1982, $55,000,000 for the fiscal year 1985, $60,000,000 for the fiscal year 1986, $60,000,000 for the fiscal year 1987, and $60,000,000 for the fiscal year 1988 to be used to make grants to the States for purposes of assisting the States in the development and implementation of authorized State hazardous waste programs.
(b) Allocation
Amounts authorized to be appropriated under subsection (a) shall be allocated among the States on the basis of regulations promulgated by the Administrator, after consultation with the States, which take into account, the extent to which hazardous waste is generated, transported, treated, stored, and disposed of within such State, the extent of exposure of human beings and the environment within such State to such waste, and such other factors as the Administrator deems appropriate.
(c) Activities included
State hazardous waste programs for which grants may be made under subsection (a) may include (but shall not be limited to) planning for hazardous waste treatment, storage and disposal facilities, and the development and execution of programs to protect health and the environment from inactive facilities which may contain hazardous waste.
(Pub. L. 89–272, title II, § 3011, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96–482, §§ 16, 31(b), Oct. 21, 1980, 94 Stat. 2342, 2352; Pub. L. 98–616, § 2(b), Nov. 8, 1984, 98 Stat. 3222.)
heading: Editorial Notes
heading: Amendments
text: 1984—Subsec. (a). Pub. L. 98–616 substituted “$40,000,000 for fiscal year 1982, $55,000,000 for fiscal year 1985, $60,000,000 for fiscal year 1986, $60,000,000 for fiscal year 1987, and $60,000,000 for fiscal year 1988” for “and $40,000,000 for fiscal year 1982”.
1980—Subsec. (a). Pub. L. 96–482, § 31(b), authorized appropriation of $20,000,000, $35,000,000, and $40,000,000 for fiscal years 1980, 1981, and 1982, respectively.
Subsec. (c). Pub. L. 96–482, § 16, added subsec. (c).
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6944 (THE PUBLIC HEALTH AND WELFARE)
§ 6944. Criteria for sanitary landfills; sanitary landfills required for all disposal
(a) Criteria for sanitary landfills
Not later than one year after October 21, 1976, after consultation with the States, and after notice and public hearings, the Administrator shall promulgate regulations containing criteria for determining which facilities shall be classified as sanitary landfills and which shall be classified as open dumps within the meaning of this chapter. At a minimum, such criteria shall provide that a facility may be classified as a sanitary landfill and not an open dump only if there is no reasonable probability of adverse effects on health or the environment from disposal of solid waste at such facility. Such regulations may provide for the classification of the types of sanitary landfills.
(b) Disposal required to be in sanitary landfills, etc.
For purposes of complying with section 6943(2) 1 of this title each State plan shall prohibit the establishment of open dumps and contain a requirement that disposal of all solid waste within the State shall be in compliance with such section 6943(2) 1 of this title.
(c) Effective date
The prohibition contained in subsection (b) shall take effect on the date six months after the date of promulgation of regulations under subsection (a).
(Pub. L. 89–272, title II, § 4004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2815; amended Pub. L. 98–616, title III, § 302(b), Nov. 8, 1984, 98 Stat. 3268.)
heading: Editorial Notes
heading: References in Text
text: Section 6943(2) of this title, referred to in subsec. (b), was redesignated section 6943(a)(2) of this title by Pub. L. 96–463, § 5(b), Oct. 15, 1980, 94 Stat. 2056, and Pub. L. 96–482, § 32(d)(2), Oct. 21, 1980, 94 Stat. 2353.
heading: Amendments
text: 1984—Subsec. (c). Pub. L. 98–616 struck out “or on the date of approval of the State plan, whichever is later” at end.
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.
42 U.S.C. § 6963 (THE PUBLIC HEALTH AND WELFARE)
§ 6963. Cooperation with Environmental Protection Agency
(a) General rule
All Federal agencies shall assist the Administrator in carrying out his functions under this chapter and shall promptly make available all requested information concerning past or present Agency waste management practices and past or present Agency owned, leased, or operated solid or hazardous waste facilities. This information shall be provided in such format as may be determined by the Administrator.
(b) Information relating to energy and materials conservation and recovery
The Administrator shall collect, maintain, and disseminate information concerning the market potential of energy and materials recovered from solid waste, including materials obtained through source separation, and information concerning the savings potential of conserving resources contributing to the waste stream. The Administrator shall identify the regions in which the increased substitution of such energy for energy derived from fossil fuels and other sources is most likely to be feasible, and provide information on the technical and economic aspects of developing integrated resource conservation or recovery systems which provide for the recovery of source-separated materials to be recycled or the conservation of resources. The Administrator shall utilize the authorities of subsection (a) in carrying out this subsection.
(Pub. L. 89–272, title II, § 6003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2823; amended Pub. L. 96–482, § 32(g), Oct. 21, 1980, 94 Stat. 2355.)
heading: Editorial Notes
heading: Amendments
text: 1980—Pub. L. 96–482 designated existing provision as subsec. (a), substituted provision that information be provided in a format determined by the Administrator for provision that information be furnished on a reimbursable basis, and added subsec. (b).
heading: Executive Documents
heading: Transfer of Functions
text: For transfer of certain enforcement functions of Administrator or other official of Environmental Protection Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title.