An Act to provide technical and financial assistance for the development of management plans and facilities for the recovery of energy and other resources from discarded materials and for the safe disposal of discarded materials, and to regulate the management of hazardous waste.
PL 94-580 (S.2150), enacted 10/21/1976

PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2795 
Public Law 94-580 
94th Congress 
An Act 
To provide technical and financial assistance for the development of management 
Oct. 21, 1976 
plans and facilities for the recovery of energy and other resources from dis- 
[S. 2150] 
carded materials and for the safe disposal of discarded materials, and to regu-
late the management of hazardous waste. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ 
Resource 
Conservation and 
SHORT TITLE 
^XnV^^ ^'* ""^ 
SECTION 1. This Act may be cited as the "Resource Conservation and 42 USC 6901 
Recovery Act of 1976". 
note-
AMENDMENT OF SOLID WASTE DISPOSAL ACT 
SEC. 2. The Solid Waste Disposal Act (42 U.S.C. 3251 and follow-
ing) is amended to read as follows: 
"TITLE I I - ^ O L I D WASTE DISPOSAL 
"Subtitle A—General Provisions 
"SHORT TITLE AND TABLE OP CONTENTS^ 
"SEC. 1001. This title (hereinafter in this title referred to as 'this 42 USC 6901 
Act'), together with the following table of contents, may be cited as the °o*e. 
'Solid Waste Disposal Act': 
"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. 
"Sec. 2002. Authorities of Administrator. 
"Sec. 2003. Resource recovery and conservation panels. 
"Sec. 2004. Grants for discarded tire disposal. 
"Sec. 2005. Annual report. 
"Sec. 2006. General authorization. 
"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 
treatment, 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. 
90 STAT. 2796 
PUBLIC LAW 94-580—OCT. 21, 1976 
"Subtitle C—Hazardous Waste Management—Continued 
' ^' 
"Sec. 3008. Federal enforcement. 
"Sec. 3009. Retention of State authority. 
"Sec. 3010. Effective date. 
"Sec, 3011. Authorization of assistance to States. 
"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. 
,j, ., 
"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, 
c 
"Sec. 4009. Rural communities assistance. 
"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. 
...•..,.< 
"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 
i^ ' ''- 
"Sec. 7001. Employee protection. 
? i-'* 
"Sec. 7002. Citizen suita 
"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. 
"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 dis-
posal facilities. 
"Sec. 8007. Authorization of appropriations. 
"CONGRESSIONAL FINDINGS 
42 use 6901. 
"SEC. 1002. (a) SouD WASTE.—The Congress finds with respect to 
solid waste— 
"(1) that the ccmtinuing 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 tiie 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 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2797 
our needs, and have made necessary the demolition of old build-
ings, the construction of new buildings, and the provision of high-
ways and other avenues of transportation, which, together with 
related industrial, commercial, and agricultural operations, have 
resulted in a rising tide of scrap, discarded, and waste materials; 
"(3) that the continuing concentration of our population in 
expanding metropolitan and other urban areas has presented these 
communities with serious financial, management, intergovern-
mental, 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 assist-
ance and leadership in the development, demonstration, and appli-
cation of new and improved methods and processes to reduce the 
amount of waste and unsalvageable materials and to provide for 
proper and economical solid-waste disposal practices. 
" (b) ENVIRONMENT AND HEALTH.—The Congress finds with respect 
to the environment and health, that— 
"(1) although land is too valuable a national resource to be 
needlessly polluted by discarded materials, most solid waste is dis-
posed of on land in open dumps and sanitary landfills; 
"(2) disposal of solid waste and hazardous waste in or on the 
land without careful planning and management can present a 
danger to human health and the environment; 
" (3) as a result of the Clean Air Act, the Water Pollution Con- 42 USC 1857 
trol Act, and other Federal and State laws respecting public °°*®-
health and the environment, greater amounts of solid waste (in 33 USC 1251 
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, contami-
nates drinking water from underground and surface supplies, and 
pollutes the air and the land ; 
"(5) hazardous waste presents, in addition to the problems asso-
ciated with non-hazardous solid waste, special dangers to health 
and requires a greater degree of regulation than does non-hazard-
ous solid waste; and 
"(6) alternatives to existing methods of land disposal must be 
developed since many of the cities in the United States will be 
running out of suitable solid waste disposal sites within five years 
unless immediate action is taken; 
"(<?) MATERIALS.—The Congress finds witli respect to materials, 
that— 
" (1) millions of tons of recoverable material which could be used 
are needlessly buried each year; 
"(2) methods are available to separate usable materials from 
solid waste; and 
"(3) the recovery and conservation of such materials can reduce 
the dependence or the Ignited States on foreign resources and 
reduce the deficit in its balance of payments. 
note. 
90 STAT. 2798 
PUBLIC LAW 94-580--OCT. 21, 1976 
"(d) ENERGY.—The Congress finds with respect to energy, that— 
" (1) solid waste represents a potential source of solid fuel, oil, or 
gas that can be converted into energy; 
"(2) the need exists to develop alternative energy sources for 
public and private consumption in order to reduce our dependence 
on such sources as petroleum products, natural gas, nuclear and 
hydroelectric generation; and 
"(3) technology exists to produce usable energy from solid 
waste. 
u, 
OBJECTIVES 
42 use 6902. 
"SEC. 1003. The objectives of this Act are to promote the protection 
of health and the environment and to conserve valuable material and 
energy resources by— 
"(1) providing technical and financial assistance to State and 
local governments and interstate agencies for the development of 
solid waste management plans (including resource recovery and 
resource conservation systems) which will promote improved, solid 
waste management techniques (including more effective organiza-
tional arrangements), new and improved methods of collection, 
separation, and recovery of solid waste, and the environmentally 
safe disposal of nonrecoverable residues; 
"(2) providing training grants in occupations involving the 
design, operation, and maintenance of solid waste disposal 
systems; 
"(3) prohibiting future open dumping on the land and requir-
ing the conversion of existing open dumps to facilities which do 
not pose a danger to the environment or to health; 
"(4) regulating the treatment, storage, transportation, and dis-
posal of hazardous wastes which have adverse effects on health 
i 
and the environment; 
"(5) providing for the promulgation of guidelines for solid 
waste collection, transport, separation, recovery, and disposal 
practices and systems; 
"(6) promoting a national research and development program 
for improved solid waste managjement and resource conservation 
techniques, more effective organizational arrangements, and new 
and improved methods of collection, separation, and recovery, 
and recycling of solid wastes and environmentally safe disposal 
of nonrecoverable residues; 
"(7) promoting the demonstration, construction, and applica-
tion of solid waste management, resource recovery, and resource 
conservation systems which preserve and enhance the quality of 
air, water, and land resources; and 
" (8) establishing a cooperative effort among the Federal, State, 
and local governments and private enterprise in order to recover 
valuable materials and energy from solid waste. 
"DEFINmONS 
42 use 6903. 
"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 acquisi-
tion, replacement, expansion, remodeling, alteration, modernization. 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2799 
or extension of existing structures, and (B) the acquisition and instal-
lation 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 proj^er utilization and operation of the facility after 
completion of the project; and includes preliminary planning to deter-
mine 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 nec-
essary for the carrying 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 combination 
or use of technologies, processes or practices, subsequent to the develop-
ment stage, for the purpose of proving technological feasibility and 
cost effectiveness. 
"(3) The term 'disposal' means the discharge, deposit, injection, 
dumping, spilling, leaking, or placing of any solid waste or hazardous 
waste into or on any land or water so that such solid waste or haz-
ardous waste or any constituent thereof may enter the environment or 
be emitted into the air or discharged into any waters, including ground 
waters. 
"(4) The term 'Federal agency' means any department, agency, or 
other instrumentality of the Federal Government, any independent 
agency or establishment of the Federal Government including any 
Government corporation, and the Government Printing Office. 
" (5) The term 'hazardous waste' means a solid waste, or combination 
of solid wastes, which because of its quantity, concentration, or phys-
ical, 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, trans-
ported, or disposed of, or otherwise managed. 
" (6) The term 'hazardous waste generation' means the act or process 
of producing hazardous waste. 
" (7) The term 'hazardous waste management' means the systematic 
control of the collection, source separation, storage, transportation, 
processing, treatment, recovery, and disposal of hazardous wastes. 
"(8) For purposes of Federal financial assistance (other than rural 
communities assistance), the term 'implementation' does not include 
the acquisition, leasing, construction, or modification of facilities or 
equipment or the acquisition, leasing, or improvement of land and 
after December 31, 1979, such term does not include salaries of 
employees due pureuant to subtitle D of this Act. 
Post, p. 2813. 
" (9) The term 'intermunicipal agency' means an agency establislied 
by two or more municipalities with responsibility for planning or 
administration of solid waste. 
"(10) The term 'interstate agency' means an agency of two or more 
municipalities in different States, or an agency established by two or 
more States, with authority to provide for the disposal of solid wastes 
and serving two or more municipalities located in different States. 
" (11) The term 'long-term contract' means, when used in relation to 
solid waste supply, a contract of sufficient duration to assure the 
90 STAT. 2800 
PUBLIC LAW 94-580—OCT. 21, 1976 
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 
({uantity, composition, and the origin, routing, and destination of 
hazardous waste during its transportation from the point of genera-
tion to the point of disposal, treatment, or storage. 
"(13) The term 'municipality' (A) means a city, town, borough, 
county, parish, district, or other public body created by or pursuant 
to State law, with responsibility for the planning or administration 
of solid waste management, or an Indian tribe or authorized tribal 
organization or Alaska Native village or organization, and (B) 
includes any rural community or unincorporated town or village or 
any other public entity for which an application for assistance is made 
by a State or political subdivision thereof. 
"(14) The term 'open dump' means a site for the disposal of solid 
waste which is not a sanitary landfill within the meaning of section 
4004. 
"(15) The term'person'means an individual, trust, firm, joint stock 
company, corporation (including a government corporation), partner-
ship, association, State, municipality, commission, political subdivi-
sion of a State, or any interstate body. 
"(16) The term 'procurement item' means any device, good, 
substance, material, product, or other item whether real or per-
sonal property which is the subject of any purchase, barter, or other 
exchange made to procure such item. 
"(17) The term 'procuring agency' means any Federal agency, or 
any State agency or agency of a political subdivision of a State which 
is using appropriated Federal funds for such procurement, or any per-
son contracting with any such agency with respect to work performed 
under such contract. 
" (18) The term 'recoverable' refers to the capability and likelihood 
of being recovered from solid waste for a commercial or industrial use. 
" (19) The term 'recovered material' means material which has been 
collected or recovered from solid waste. 
"(20) The term 'recovered resources' means material or energy 
recovered from solid waste. 
"(21) The term 'resource conservation' means reduction of the 
amounts of solid waste that are generated, reduction of overall 
resource consmnption, and utilization of recovered resources. 
"(22) The term 'resource recovery' means the recovery of material 
or energy from solid waste. 
" (23) The term 'resource recovery system' means a solid waste man-
agement system which provides for collection, separation, recycling, 
and recovery of solid wastes, including disposal of nonrecoverable 
waste residues. 
"(24) The term 'resource recovery facility' means any facility at 
which solid waste is processed for the purpose of extracting, convert-
ing to energy, or otherwise separating and preparing solid waste for 
reuse. 
" (25) The term 'regional authority' means the authority established 
Post, p. 2816. 
or designated under section 4006. 
"(26) The term 'sanitary landfill' means a facility for the disposal 
of solid waste which meets the criteria published under section 4004. 
"(26A) The term 'sludge' means any solid, semisolid or liquid waste 
generated from a municipal, commercial, or industrial wastewater 
treatment plant, water supply treatment plant, or air pollution control 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2801 
facility or any other such waste having similar characteristics 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 dissolved material in domestic 
sewage, or solid or dissolved materials in irrigation return flows or 
industrial discharges which are ix)int 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 33 USC 1342. 
defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923). 42 USC 2011 
"(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 
i*esource recovery system or component thereof, (B) any system, pro-
gram, or facility for resource conservation, and (C) any facility for 
the treatment of solid wastes, including hazardous wastes, whether such 
facility is associated with facilities generating such wastes or 
otherwise. 
"(30) The terms 'solid waste planning', 'solid waste management', 
and 'comprehensive planning' include planning or management 
respecting resource recovery and resource conservation. 
" (31) The term 'State' means any of the several States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
Guam, American Samoa, and the Commonwealth of the Northern 
Mariana Islands. 
"(32) The term 'State authority' means the agency established or 
designated under section 4007. 
Post, p. 2817. 
"(33) The term 'storage', when used in connection with hazardous 
waste, means the containment of hazardous waste, either on a tempo-
rary basis or for a period of years, in such a manner as not to constitute 
disposal of such hazardous waste. 
" (34) The term 'treatment', when used in connection with hazardous 
, ], 
waste, means any method, technique, or process, including neutraliza-
tion, designed to change the physical, chemical, or biological character 
or composition of any hazardous waste so as to neutralize such waste or 
so as to render such waste nonhazardous, safer for transport, amenable 
for recovery, amenable for storage, or reduced in volume. Such term 
includes any activity or processing designed to change the physical 
form or chemical composition of hazardous waste so as to render it 
nonhazardous. 
"(35) The term 'virgin material' means a raw material, including 
previously unused copper, aluminum, lead, zinc, iron, or other metal or 
metal ore, any undeveloped resource that is, or with new technology 
will become, a source of raw materials. 
"GOVERNMENTAL COOPERATION 
"SEC. 1005. (a) INTERSTATE COOPERATION.—The provisions of this 42 USC 6904. 
Act to be carried out by States may be carried out by interstate agencies 
and provisions applicable to States may apply to interstate regions 
where such agencies and regions have been established by the respective 
90 STAT. 2802 
PUBLIC LAW 94-580—OCT. 21, 1976 
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 or CONGRESS TO COMPACTS.—The consent of the Con-
gress 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 manage-
ment of solid waste or hazardous waste (or both) and the enforce-
ment 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 aU parties to the 
agreement and until it has been approved by the Administrator and 
the Congress. 
"APPLICATION or ACT AND INTEGRATION WITH OTHER ACTS 
42 use 6905. 
"SEC, 1006. (a) APPLICATION or ACT.—Nothing in this Act shall be 
construed to apply to (or to authorize any State, interstate, or local 
authority to regulate) any activity or substance which is subject to the 
33 use 1251 
Federal Water Pollution Control Act (33 U.S.C. 1151 and following), 
note. 
the Safe Drinking Water Act (42 U.S.C. 300f and following), ti.e 
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 requirements of such Acts. 
"(b) INTEGRATION WITH OTHER ACTS.—The Administrator shall 
integrate all provisions of this Act for purposes of administration and 
enforcement and shall avoid duplication, to the maximum extent prac-
ticable, with the appropriate provisions of the Clean Air Act (42 
U.S.C. 1857 and following), the Federal Water Pollution Control Act 
33 use 1251 
(33 U.S.C. 1151 and following), the Federal Insecticide, Fungicide, 
note. 
and Kodenticide Act (7 U.S.C. 135 and following), the Safe Drinking 
Water Act (42 U.S.C. 300f and following), the Marine Protection, 
Research and Sanctuaries Act of 1972 (33 U.S.C. 1401 and following) 
and such otlier Acts of Congress as grant regulatory authority to the 
Administrator. Such integration shall be effected only to the extent 
that it can be done in a manner consistent with the goals and policies 
expressed in this Act and in the other acts referred to in this subsection. 
"FINANCIAL DISCLOSURE 
42 use 6906. 
"SEC. 1007. (a) STATEMENT.—Each officer or employee of the Admin-
istrator who— 
"(1) performs any function or duty under this Act; and 
"(2) has any known financial interest in any person who 
applies for or receives financial assistance under this Act 
shall, beginning on 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. 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2803 
"(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 pur-
poses 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 sue- Report to 
ceeding 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 whicn are of a nonpolicy-
making nature and pi"ovide that officers or employees occupying such 
positions shall be exempt from the requirements of this section. 
"(d) PENALTY.—Any officer or employee who is subject to, and 
knowingly violates, this section shall be fined not more than $2,500 
or imprisoned not more than one year, or both. 
SOLID WASTE MANAGEMENT INFORMATION AND GUIDELINES 
"SEC. 1008. (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 inter-
municipal agencies, and in consultation with other interested persons, 
and after public hearings, develop and publish suggested guidelines 
for solid waste management. Such suggested guidelines shall— 
"(1) provide a technical and economic description of the level 
of performance that can be attained by various available solid 
waste management practices (including operating practices) 
which provide for the protection of public health and the 
environment; 
" (2) not later than two years after the enactment of this section, 
describe levels of performance, including appropriate methods 
and degrees of control, that provide at a minimum for (A) pro-
tection of public health and welfare; (B) protection of the qual-
ity 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) protection of ambient 
air quality through compliance with new source performance 
standards or requirements of air quality implementation plans 
under the Clean Air Act, as amended; (E) disease and 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 constitute 
the open dumping of solid waste or hazardous waste and are to be 
prohibited under title IV of this Act. 
Where appropriate, such suggested guidelines also shall include mini-
mum information for use in deciding the adequate location, d 
gn, 
and construction of facilities associated with solid waste management 
42 use 6907. 
33 use 1251 
note. 
42 use 1857 
note. 
Minimum criteria 
of management 
practices. 
90 STAT. 2804 
PUBLIC LAW 94-580—OCT. 21, 1976 
Notification to 
congressional 
committees. 
practices, including the consideration of regional, geographic, demo-
graphic, and climatic factors. 
"(b) NOTICE.—The Administrator shall notify the Committee on 
Public Works of the Senate and the Committee on Interstate and 
Foreign Commerce of the House of Representatives a reasonable time 
before publishing any suggested guidelines, pursuant to this section 
of the content of such proposed suggested guidelines. 
"Subtitle B—Office of Solid Waste; Authorities 
of the Administrator 
"OFFICE OF SOLID WASTE 
Establishment. 
"SEC. 2001. The Administrator shall establish within the.Environ-
42 use 6911. 
mental Protection Agency an Office of Solid Waste (hereinafter 
referred to as the 'Office') to be headed b^ a Deputy Assistant Admin-
istrator of the Environmental Pi-otection Agency, The duties and 
responsibilities (other than duties and responsibilities relating to 
research and development) of the Administrator under this Act (as 
modified by applicable reorganization plans) shall be carried out 
through the Office. 
42 use 6912. 
Technical 
assistance by 
personnel teams. 
42 use 6913. 
"AUTHORITIES OF ADMINISTRATOR 
"SEC. 2002. (a) AUTHORITIES.—In carrying out this Act, the Admin-
istrator is authorized to— 
"(1) prescribe, in consultation with Federal, State, and 
regional authorities, such regulations as are necessaiy to carry out 
his functions under this Act; 
"(2) consult with or exchange information with other Federal 
agencies undertaking research, development, demonstitttion proj-
ects, 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 {)rograms; 
"(4) consult with representatives of science, industry, agricul-
ture, labor, environmental protection and consumer organizations, 
and other groups, as he deems advisable; and 
"(5) utilize the information, facilities, personnel and other 
resources of Federal agencies, including the National Bureau of 
Standards and the National Bureau of Sie Census, on a reimburs-
able basis, to perform research and analyses and conduct studies 
and investigations related to resource recovery and conservation 
and to otherwise carry out the Administrator's functions under 
this Act. 
"(b) REVISION OF REGUIATIONS.—Each regulation promulgated 
under this Act shall be reviewed and, where necessary, revised not less 
frequently than every three years. 
"RESOURCE RECOVERY AND CONSERVATION PANELS 
"SEC. 2003. The Administrator shall provide teams of personnel, 
including Federal, State, and local employees or contractors (herein-
after referred to as 'Resource Conservation and Recovery Panels') to 
provide States and local governments upon request with technical 
assistance on solid waste management, resource recovery, and resource 
conservation. Such teams shall include technical, marketing, financial, 
Eligible 
applicants. 
42 use 6914. 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2805 
and institutional specialists, and the services of such teams shall be 
provided without charge to States or local governments. 
"GRANTS FOR DISCARDED TIRE DISPOSAL 
"SEC. 2004. (a) GRANTS.—The Administrator shall make available 
grants equal to 5 percent of the purchase price of tire shredders 
(including portable shredders attached to tire collection trucks) to 
those eligible applicants best meeting criteria promulgated under this 
section. An eligible applicant may be any private purchaser, public 
bodv, or public-private joint venture. Criteria for receiving ^ants 
shall be promulgated under this section and shall include the policy to 
offer any private purchaser the first option to receive a grant, me policy 
to develop widespread geographic distribution of tire shredding facil-
ities, the need for such facilities within a geographic area, and the 
projected risk and viability of any such venture. In the case of an 
application under this section from a public body, the Administrator 
shall first make a determination that there are no private purchasers 
interested in making an application before approving a grant to a 
public body. 
"(b) AUTHORIZATION.—There is authorized to be appropriated 
$750,000 for each of the fiscal years 1978 and 1979 to carry out this 
section. 
"ANNUAL REPORT 
"SEC. 2005. The Administrator shall transmit to the Congress and the 42 USC 6915. 
President, not later than ninety days after the end of each fiscal year, 
a comprehensive and detailed report on all activities of the Office 
during the preceding fiscal year. Each such report shall include— 
"(1) a statement of specific and detail objectives for the activi-
ties 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 tlirough the end 
of such fiscal year; 
"(3) a summary of outstanding solid waste problems con-
fronting 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 recjuired to be submitted to the Con-
gress pursuant to an^ other provision of this Act; and 
"(6) the Administrator's plans for activities and programs 
respecting solid waste during the next fiscal year. 
"GENERAL AUTHORIZATION 
"SEC. 2006. (a) GENERAL ADMINISTRATION.—Thei-e are authorized 42 USC 6916. 
to be appropriated to the Administrator for the purpose of carrying 
out the provisions of this Act, $35,000,000 for the fiscal year ending 
September 30,1977, $38,000,000 for the fiscal year ending September 30, 
1978, and $42,000,000 for the fiscal year ending September 30, 1979. 
"(b) RESOURCE RECOVERY AND CONSERVATION PANELS.—Not less than 
20 percent of the amount appropriated under subsection (a) shall be 
used only for purposes of Resource Recovery and Conservation Panels 
established under section 2003 (including travel expenses incurred by 
such panels in carrying out their functions under this Act). 
90 STAT. 2806 
PUBLIC LAW 94-580—OCT. 21, 1976 
^l/5». 
.iif ''7i 
"(c) HAZARDOUS WASTE.—Not less than 30 percent of the amount 
appropriated under subsection (a) shall be used only for purposes 
of carrying out subtitle C of this Act (relating to hazardous waste) 
other than section 3011. 
"Subtitle C—Hazardous Waste Management 
42 use 6921. 
Regulations. 
Ante, p. 2799. 
Regulations. 
42 u s e 6922. 
"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 characteristics of 
hazardous waste, and for listing hazardous waste, which should be 
subject to tlie provisions of this subtitle, taking into account toxicity, 
persistence, and degradability in nature, potential for accumulation in 
tissue, and other related factors such as flammability, corrosiveness, 
and other hazardous characteristics. Suoh criteria shall be revised from 
time to time as may be appropriate. 
"(b) IDENTIFICATION AND LISTING.—Not later than eighteen months 
after the date of enactment of this section, and after notice and oppor-
tunity for public hearing, the Administrator shall promulgate regula-
tions identifying the characteristics of hazardous waste, and listing 
particular hazardous wastes (within the meaning of section 1004(5)), 
which shall be subject to the provisions of this subtitle. Such regula-
tions shall be based on the criteria promulgated under subsection (a) 
and shall be revised from time to time thereafter as may be appropriate. 
"(c) PETITION BY STATE GOVERNOR.—At any time after the date 
eighteen months after the enactment of this title, the Governor of any 
State may petition the Administrator to identify or list a material as a 
hazardous waste. The Administrator shall act upon such petition 
within ninety days following his receipt thereof and shall notify the 
Governor of such action. If the Administrator denies such petition 
because of financial considerations, in providing such notice to the 
Governor he shall include a statement concerning such considerations. 
(( 
STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE 
"SEC. 3002. Not later than eighteen months after the date of the 
enactment of this section, and after notice and opportunity for public 
hearings and after consultation with appropriate Federal and State 
agencies, the Administrator shall promulgate regulations establishing 
such standards, applicable to generators of hazardous waste identified 
or listed under this subtitle, as may be necessary to protect human 
health and the environment. Such standards shall establish require-
ments respecting— 
"(1) recordkeeping practices that accurately identify the quan-
tities of such hazardous waste generated, the constituents thereof 
which are significant in quantity or in potential harm to human 
health or the environment, and the disposition of such wastes; 
"(2) labeling practices for any containers used for the storage, 
transport, or disposal of such hazardous waste such as will identify 
accurately such waste; 
"(3) use of appropriate containers for such hazardous waste; 
"(4) furnishing of information on the general chemical compo-
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2807 
sition of such hazardous waste to persons transporting, treating, 
storing, or disposing of such wastes; 
" (5) use of a manifest system to assure that all such hazardous 
waste generated is designated for treatment, storage, or disposal 
in treatment, storage, or disposal facilities (other than facilities 
on the premises where the waste is generated) for which a permit 
has been issued as provided in this subtitle; and 
"(6) submission of reports to the Administrator (or the State Reports, 
agency in any case in which such agency carries out an authorized 
permit program pursuant to this subtitle at such times as the 
Administrator (or the State agency if appropriate) deems neces-
sary, setting out— 
"(A) the quantities of hazardous waste identified or listed 
under this subtitle that he has generated during a particular 
time period; and 
"(B) the disposition of all hazardous waste reported under 
subparagraph (A). 
"STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE 
"SEC. 3003. (a) STANDARDS.—Not later than eighteen months after Regulations, 
the date of enactment of this section, and after opportunity for public 42 USC 6923, 
hearings, the Administrator, after consultation with the Secretary 
of Transportation and the States, shall promulgate regulations estab-
lishing such standards, applicable to transporters of hazardous waste 
identified or listed under this subtitle, as may be necessary to protect 
human health and the environment. Such standards shall include but 
need not be limited to requirements respecting— 
"(1) recordkeeping concerning such hazardous waste trans-
ported, and their source and delivery points; 
" f 2) transportation of such waste only if properly labeled; 
"(3) compliance with the manifest system referred to in sec-
tion 3002(5) ; and 
"(4) transportation of all such hazardous waste only to the 
hazardous waste treatment, storage, or disposal facilities which 
the shipper designates on the manifest form to be a facility 
holding a permit issued under this subtitle. 
"(b) 
COORDINATION WITH REGULATIONS OF SECRETARY OF TRANSPOR-
TATION.—In case of any hazardous waste identified or listed under this 
subtitle which is subject to the Hazardous Materials Transportation 
Act (88 Stat. 2166; 49 U.S.C. 1801 and following), the re^gulations 
promulgated by the Administrator under this subtitle shall be con-
sistent with the requirements of such Act and the regulations there-
under. The Administrator is authorized to make recommendations to Recommenda-
the Secretary of Transportation respecting the regulations of such tions. 
hazardous waste under the Hazardous Materials Transportation Act 
and for addition of materials to be covered by such Act. 
"STANDARDS APPLICABLE TO OWNERS AND OPERATORS OF HAZARDOUS WASTE 
TREATMENT, STORAGE, AND DISPOSAL FACILTRIES 
"SEC. 3004. Not later than eighteen months after the date of enact-
ment of this section, and after opportunity for public hearings and 
after consultation with appropriate Federal and State agencies, the 
Administrator shall promulgate regulations establishing such per-
formance standards, applicable to owners and operators of facilities 
for the treatment, storage, or disposal of hazardous waste identified or 
Regulations. 
42 USC 6924. 
90 STAT. 2808 
PUBLIC LAW 94-580—OCT. 21, 1976 
listed under this subtitle, as may be necessary to protect human health 
and the environment. Such standards shall include, but need not be 
limited to, requirements respecting— 
"(1) maintaining records of all hazardous wastes identified or 
listed under this title which is treated, stored, or disposed of, as the 
case may be, and the manner in which such wastes were treated, 
stored, or disposed of; 
"(2) satisfactory reporting, monitoring, and inspection and 
compliance with the manifest system referred to in section 
3002(5); 
"(3) treatment, storage, or disposal of all such waste received 
by the facility pursuant to such operating methods, techniques, 
and practices as may be satisfactory to the Administrator; 
"(4) the location, design, and construction of such hazardous 
waste treatment, disposal, or storage facilities; 
"(5) contingency plans for effective action to minimize unan-
ticipated damage from any treatment, storage, or disposal of any 
such hazardous waste; 
" (6) the maintenance of operation of such facilities and requir-
ing such additional qualifications as to ownership, continuity of 
operation, training for personnel, and financial responsibility as 
may be necessary or desirable; and 
"(7) compliance with the requirements of section 3005 respect-
ing permits for treatment, storage, or disposal. 
No private entity shall be precluded by reason of criteria established 
under paragraph (6) from the ownership or operation of facilities 
providing hazardous waste treatment, storage, or disposal services 
where such entity can provide assurances of financial responsibility 
and continuity oi operation consistent with the degree and duration 
of risks associated with the treatment, storage, or disposal of specified 
hazardous waste. 
"PERMITS FOR TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE 
Regulations. 
"SEC. 3005. (a) PERMIT REQUIREMENTS.—Not later than eighteen 
42 use 6925. 
months after the date of the enactment of this section, the Adminis-
trator shall promulgate regulations requiring each person owning or 
operating a facility for the treatment, storage, or disposal of hazard-
ous waste identified or listed under this subtitle to have a permit issued 
pursuant to this section. Such regulations shall take effect on the date 
provided in section 3010 and upon and after such date the disposal of 
any such hazardous waste is prohibited except in accordance with such 
a permit. 
"(b) REQUIREMENTS OF PERMIT APPLICATION.—Each application 
for a permit under this section shall contain such information as may 
be re(;pired under regulations promulgated by the Administrator, 
including information respecting— 
"(1) estimates with respect to the composition, quantities, and 
concentrations of any hazardous waste identified or listed under 
this subtitle, or combinations of any such hazardous waste and 
any other solid waste, proposed to be disposed of, treated, trans-
ported, or stored, and the time, frequency, or rate of which such 
waste is proposed to be disposed of, treated, transported, or 
stored; and 
"(2) the site at which such hazardous waste or the products of 
treatment of such hazardous waste will be disposed of, treated, 
transported to, or stored. 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 28C»9 
"(c) PERMIT ISSUANCE.—Upon a determination by the Administra-
tor (or a State, if applicable), of compliance by a facility for which 
a permit is applied for under this section with the requirements of 
this section and section 3004, the Administrator (or the State) shall 
issue a permit for such facilities. In the event permit applicants pro-
pose modification of their facilities, or in the event the Administrator 
(or the State) determines that modifications are necessary to conform 
to the requirements under this section and section 3004, the permit 
shall specify the time allowed to complete the modifications. 
"(d) PERMIT REVOCATION.—Upon a determination by the Adminis-
trator (or by a State, in the case of a State having an authorized 
hazardous waste program under section 3006) of noncompliance by 
a facility having a permit under this title with the requirements of 
this section or section 3004, the Administrator (or State, in the case 
of a State having an authorized hazardous waste program under sec-
tion 3006) shall revoke such x)ermit. 
"(e) INTERIM STATUS.—Any person who— 
"(1) owns or operates a facility required to have a permit 
under this section which facility is in existence on the date of 
enactment of this Act, 
"(2) has complied with the requirements of section 3010(a), 
and 
"(3) has made an application for a permit under this section 
shall be treated as having been issued such permit until such time as 
final administrative disposition of such application is made, unless 
the Administrator or other plaintiff proves that final administrative 
disposition of such application has not been made because of the 
failure of the applicant to furnish information reasonably required or 
requested in order to process the application. 
"AUTHORIZED STATE HAZARDOUS WASTE PROGRAMS 
"SEC. 3006. (a) FEDERAL GUIDELINES.—Not later than eighteen 42 USC 6926. 
months after the date of enactment of this Act, the Administrator, 
after consultation with State authorities, shall promulgate guidelines 
to assist States in the development of State hazardous waste programs. 
"(b) AUTHORIZATION OF STATE PROGRAM.—Any State which seeks 
to administer and enforce a hazardous waste program pursuant to this 
subtitle may develop and, after notice and opportunity for public 
hearing, submit to the Administrator an application, in such form as 
he shall require, for authorization of such program. Within ninety Notice and 
days following submission of an application under this subsection, hearing, 
the Administrator shall issue a notice as to whether or not he expects 
such program to be authorized, and within ninety days following such 
notice (and after opportunity for public hearing) he shall publish his 
findings as to whether or not the conditions listed in items (1), (2), 
and (3) below have been met. Such State is authorized to carry out 
such program in lieu of the Federal program under this subtitle in 
such State and to issue and enforce permits for the storage, treatment, 
or disposal of hazardous waste unless, within ninety days following 
submission of the application the Administrator notifies such State 
that such program may not be authorized and, within ninety days 
following such notice and after opportunity for public hearing, he 
finds that (1) such State program is not equivalent to the Federal 
program under this subtitle, (2) such program is not consistent with 
the Federal or State programs applicable in other States, or (3) such 
90 STAT. 2810 
PUBLIC LAW 94^580—OCT. 21, 1976 
program does not provide adequate enforcement of compliance with 
the requirements of this subtitle. 
"(c) INTERIM AUTHORIZATION.—^Any State which has in existence 
a hazardous waste program pursuant to State law before the date 
ninety days after the date required for promulgation of regulations 
under sections 3002, 3003, 3004, and 3005, submit to the Administrator 
evidence of such existing program and may request a temporary 
authorization to carry out such program under this subtitle. The 
Administrator shall, if the evidence submitted shows the existing 
State program to be substantially equivalent to the Federal program 
under this subtitle, grant an interim authorization to the State to 
carry out such program in lieu of the Federal program pursuant to 
this subtitle for a twenty-four month period beginning on the date 
six months after the date required for promulgation of regulations 
under sections 3002 through 3005. 
"(d) ErrECT OF STATE PERMIT.—^Any action taken by a State under 
a hazardous waste program authorized under this section shall have 
the same force and effect as action taken by the Administrator under 
this subtitle. 
"(e) 
WITHDRAWAL OF AUTHORIZATION.—Whenever the 
Admin-
istrator determines after public hearing that a State is not admin-
istering and enforcing a program authorized under this section in 
accordance with requirements of this section, he shall so notify the 
State and, if appropriate corrective action is not taken within a 
reasonable time, not to exceed ninety days, the Administrator shall 
withdraw authorization of such program and establish a Federal pro-
gram pursuant to this subtitle. The Administrator shall not withdraw 
authorization of any such program unless he shall first have notified 
the State, and made public, in writing, the reasons for such 
withdrawal. 
"INSPECTIONS 
42 use 6927. 
"SEC. 3007. (a) ACCESS ENTRY.—For purposes of developing or 
assisting in the development of any regulation or enforcing me pro-
visions of this subtitle, any person who generates, stores, treats, trans-
ports, disposes of, or otherwise handles hazardous wastes shall, upon 
request of any officer or employee of the Environmental Protection 
Agency, duly designated by the Administrator, or upon request of any 
duly designated officer employee of a State having an authorized 
hazardous waste program, furnish or permit such person at all reason-
able times to have access to, and to copy all records relating to such 
wastes. For the purposes of developing or assisting in the development 
of any regulation or enforcing the provisions of this title, such officers 
or employees are authorized— 
"(1) to enter at reasonable times any establishment or other 
place maintained by any j^ereon where hazardous wastes are gen-
erated, stored, treated, or disposed of; 
" (2) to inspect and obtain samples from any person of any such 
wastes and samples of any containers or labeling for such wastes. 
Each such inspection shall be commenced and completed with reason-
able promptness. If the officer or employee obtains any samples, prior 
to leaving the premises, he shall give to the owner, operator, or agent 
in charge a receipt describing the sample obtained and if requested a 
portion of each such sample equal in volume or weight to the portion 
retained. If any analysis is made of such samples, a copy of the results 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2811 
of such analysis shall be furnished promptly to the owner, operator, 
or agent in charge. 
" (D) AvAHiABiLrrT T
O PtTBUC.—^Auy records, reports, or information 
obtained from any person under this section shall be available to the 
public, except that upon a showing satisfactory to the Administrator 
(or the State, as the case may be) by any person that records, reports, 
or information, or particular part thereof, to which the Administrator 
(or the State, as the case may oe) has access under this section if made 
public, would divulge information entitled to protection under section 
1905 of title 18 of the United States Code, the Administrator (or the 
State, as the case may be) shall consider such information or particular 
portion thereof confidential in accordance with the purposes of that 
section, except that such record, report, document, or information may 
be disclosed to other officers, employees, or authorized representatives 
of the United States concerned with carrying out this Act, or when 
relevant in any proceeding under this Act. 
ii FEDERAL ENFORCEMENT 
"SEC. 3008. (a) COMPLIANCE ORDERS.—(1) Except as provided in 42 USC 6928. 
paragraph (2), whenever on the basis of any information the 
Administrator determines that any person is in violation of any require-
ment of this subtitle, the Administrator shall give notice to the violator 
of his failure to comply with such requirement. If such violation 
extends beyond the thirtieth day after the Administrator's notification, 
the Administrator may issue an order requiring compliance within a 
specified time period or the Administrator may commence a civil action 
in the United States district court in the district in which the violation 
occurred for appropriate relief, including a temporary or permanent 
injunction. 
"(2) In the case of a violation of any requirement of this subtitle 
where such violation occurs in a State which is authorized to carry out 
a hazardous waste program under section 3006, the Administrator 
shall give notice to the State in which such violation has occurred 
thirty days prior to issuing an order or commencing a civil action 
under this section. 
"(3) If such violator fails to take corrective action within the time Penalty, 
specified in the order, he shall be liable for a civil penalty of not more 
than $25,000 for each day of continued noncompliance and the Admin-
istrator may suspend or revoke any permit issued to the violator 
(whether issued by the Administrator or the State). 
"(b) PUBLIC HEARING.—Any order or any suspension or revocation 
of a permit shall become final unless, no later than thirty days after 
the order or notice of the suspension or revocation is served, the person 
or persons named therein request a public hearing. Upon such request 
the Administrator shall promptly conduct a public nearing. In con- Subpenas. 
nection with any proceeding under this section the Administrator may 
issue subpenas for the attendance and testimony of witnesses and the 
production of relevant papers, books, and documents, and may promul-
gate rules for discovery proceaures. 
"(c) REQUIREMENTS OF COMPLIANCE ORDERS.—Any order issued Penalty, 
under this section shall state with reasonable specificity the nature 
of the violation and specify a time for compliance and assess a penalty, 
if any, which the Administrator determines is reasonable taking into 
account the seriousness of the violation and any good faith efforts to 
comply with the applicable requirements. 
90 STAT. 2812 
PUBLIC LAW 94-580—OCT. 21, 1976 
" (d) CRIMIKAL PENALTY.—Any person who knowingly— 
"(1) transports any hazardous waste listed under this subtitle 
to a facility which does not have a permit under section 3005 (or 
3006 in the case of a State program), 
" (2) disposes of any hazardous waste listed under this subtitle 
without having obtained a permit therefor under this subtitle, 
" (3) makes any false statement or representation in any appli-
cation, label, manifest, record, report, permit or other document 
filed, maintained, or used for purposes of compliance with this 
subtitle, 
shall, upon conviction, be subject to a fine of not more than $25,000 
for each day of violation, or to imprisonment not to exceed one year, or 
both. If the conviction is for a violation committed after a first con-
viction of such person under this paragraph, punishment shall be by 
a fine of not more than $50,000 per day of violation, or by imprison-
ment for not more than two years, or by Doth. 
"RETENTION OP STATE AUTHORirr 
42 use 6929. 
«SEC. 3009. Upon the effective date of regulations imder this subtitle 
no State or poutical subdivision may impose any requirements less 
stringent than those authorized under this subtitle respecting the same 
matter as governed by such regulations, except that if appfication of 
a regulation with respect to any matter under this subtitle is postponed 
or enjoined by the action of any court, no State or political subdivision 
shall be prohibited from acting with respect to the same aspect of such 
matter until such time as such regulation takes effect. 
« 
EFFECTIVE D
A
T
E 
42 use 6930. 
"SEC. 3010. (a) PRELIMINARY NOTIFICATION.—^Not later than ninety 
days after promulgation or revision of regulations under section 3001 
identifying by its characteristics or listing any substance as hazardous 
waste subject to this subtitle, any person generating or transporting 
such substance or owning or operating a facility for treatment, stor-
age, or disposal of such substance shall file with the Administrator (or 
with States having authorized hazardous waste permit programs under 
section 3006) a notification stating the location and general description 
of such activity and the identified or listed hazardous wastes handled 
by such person. Not more than one such notification shall be required 
to be filed with respect to the same substance. No identified or listed 
hazardous waste subject to this subtitle may be transported, treated, 
stored, or disposed of unless notification has been given as required 
under this subsection. 
"(b) EFFECTIVE DATE OF REGULATION.—The regulations under this 
subtitle respecting requirements applicable to the generation, trans-
portation, treatment, storage, or disposal of hazardous waste (includ-
mg requirements respecting permits for such treatment, storage, or 
disposal) shall take effect on the date six months after the date of 
promulgation thereof (or six months after the date of revision in the 
case of any regulation which is revised after the date required for 
promulgation uiereof). 
(( 
AUTHORIZATION OP ASSISTANCE TO STATES 
42 use 6931. 
SEC. 3011. (a) AUTHORIZATION.—^There is authorized to be appropri-
ated $26,000,000 for each of the fiscal years 1978 and 1979 to be used to 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2813 
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 environ-
ment within such State to such waste, and such other factors as the 
Administrator deems appropriate. 
"Subtitle D—State or Regional Solid Waste Plans 
"OBJECTIVES or SUBTITLE 
"SEC. 4001. The objectives of this subtitle are to assist in developing 42 USC 6941. 
and encouraging methods for the disposal of solid waste which are 
environmentally sound and which maximize the utilization of valuable 
resources and to encourage resource conservation. Such objectives are 
to be accomplished through Federal technical and financial assistance 
to States or regional authorities for comprehensive planning pursuant 
to Federal guidelines designed to foster cooperation among Federal, 
State, and local governments and private industry. 
'FEDERAL GUIDELINES FOR PLANS 
Publication. 
42 USC 6942. 
"SEC. 4002. (a) GUIDELINES FOR IDENTIFICATION OF REGIONS.—For 
purposes of encouraging and facilitating the development of regional 
planning for solid waste management, the Administrator, within one 
hundred and eighty days after the date of enactment of this section 
and after consultation with appropriate Federal, State, and local 
authorities, shall by regulation publish guidelines for the identification 
of those areas which have common solid waste management problems 
and are appropriate units for planning regional solid waste manage-
ment services. Such guidelines shall consider— 
"(1) the size and location of areas which should be included, 
"(2) the volume of solid waste which should be included, and 
"(3) the available means of coordinating regional planning 
with other related regional planning and for coordination of such 
regional planning into the State plan. 
"(b) GUIDELINES FOR STATE PLANS.—Not later than eighteen months Regulations, 
after the date of enactment of this section and after notice and hearing, 
the Administrator shall, after consultation with appropriate Federal, 
State, and local authorities, promulgate regulations containing guide-
lines to assist in the development and implementation of State solid 
waste management plans (hereinafter in this title referred to as 'State 
plans'). The guidelines shall contain methods for achieving the objec-
tives specified in section 4001. Such guidelines shall be reviewed from Review, 
time to time, but not less frequently than every three years, and revised 
as may be appropriate. 
" (c) CONSIDERATIONS FOR STATE PLAN GUIDELINES.—The guidelines 
promulgated under subsection (b) shall consider— 
"(1) the varying regional, geologic, hydrologic, climatic, and 
other circumstances under whi«i different solid waste practices are 
required in order to insure the reasonable protection of the quality 
of the ground and surface waters from leachate contamination, 
89-194 O—78—pt. 2 
85 
90 STAT. 2814 
PUBLIC LAW 94-580—OCT. 21, 1976 
the reasonable protection of the quality of the surface waters 
from surface runoff contamination, and the reasonable protection 
of ambient air quality; 
"(2) characteristics and conditions of collection, storage, proc-
essing, and disposal operating methods, techniques and practices, 
and location of facilities where such operating methods, tech-
niques, and jpractices are conducted, taking into account the nature 
of the material to be disposed; 
"(3) methods for closing or upgrading open dumps for pur-
poses of eliminating potential health hazards; 
"(4) populationdensity, distribution, and projected growth; 
"(5) geographic, geologic, climatic, and hydrologic character-
istics; 
"(6) the type and location of transportation; 
"(7) the profile of industries; 
" (8) the constituents and generation rates of waste; 
"(9) the political, economic, organizational, financial, and 
management problems affecting comprehensive solid waste 
management; 
"(10) types of resource recovery facilities and resource conser-
vation systems which are appropriate; and 
"(11) available new and tvdditional markets for recovered 
material. 
"MINIMUM REQUIREMENTS FOR APPROVAL or PLANS 
42 use 6943, 
"SEC. 4003. In order to be approved under section 4007, each State 
plan must comply with the following minimmn requirements— 
"(1) The plan shall identify (in accordance with section 
4006(b) ^ (A) the responsibilities of State, local, and regional 
authorities in the implementation of the State plan, (B) the dis-
tribution of Federal funds to the authorities responsible for 
development and implementation of the State plan, and (C) the 
means for coordinating regional planning and implementation 
under the State plan. 
"(2) The plan shall, in accordance with section 4005(c), pro-
hibit the establishment of new open dumps within the State, 
and contain requirements that all solid waste (including solid 
waste originating in other States, but not including hazardous 
waste) shall be (A) utilized for resource recovery or (B) dis-
posed of in sanitaij landfills (within the meaning of section 
4004(a)) or otherwise disposed of in an environmentally sound 
manner. 
"(3) The plan shall provide for the closing or upgrading of 
all existing open dumps within the Sta.te pursuant to the require-
ments of section 4005. 
" (4) The plan shall provide for the establishment of such State 
regulatorv powers as may be necessary to implement the plan. 
Long-tenn 
«/5j The plan shall provide that no local government within 
contracts. 
^j^^ State shall be prohibited under State or local law from enter-
ing into long-term contracts for the supply of solid waste to 
resource recovery facilities. 
Resource 
"(6) The plan shall provide for such resource conservation or 
conservation and 
recovery and for the disposal of solid waste in sanitary landfills 
disposal of solid 
QJ. j^y combination of practices so as may be necessary to use 
*^"*** 
or dispose of such waste in a manner that is environmentally 
sound. 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2815 
"CRITERA FOR SANITARY LANDFIIi,8; SANITARY LANDFILLS REQUIRED FOR 
ALL DISPOSAL 
"SEC. 4004. (a) CRITERIA FOR SANITARY LANDFILLS.—Not later than Regulations, 
one year after the date of enactment of this section, after consultation ^•^ ^^^ ^^'^• 
with the States, and after notice and public hearings, the Administra-
tor shall promulgate regulations containing criteria for determining 
which facilities shall be classified as sanitary landfills and which shall 
be classified as open dumps within the meaning of this Act. At a 
minimum, such criteria shall provide that a facility may be classified 
as a sanitary landfill and not an open dump only if there is no reason-
able probability of adverse effects on health or the environment from 
disposal of solid waste at such facility. Such regulations may provide 
for the classification of the types of sanitary landfills. 
"(b) 
DISPOSAL REQUIRED To BE IN SANITARY LANDFILLS, ETC.—For 
purposes of complying with section 4003(2) each State plan shall 
prohibit the establishment of open dumps and contain a requirement 
that disposal of all solid waste within the State shall be in compliance 
with such section 4003 (2). 
"(c) EFFECTIVE DATE.—The prohibition contained in subsection (b) 
shall take effect on the date six months after the date of promulgation 
of regulations under subsection (a) or on the date of approval of 
the State plan, whichever is later. 
"UPGRADING OF OPEN DUMPS 
"SEC. 4005. (a) OPEN DUMPS.—For purposes of this Act, the term 
'open dump' means any facility or site where solid waste is disposed 
of which is not a sanitary landfill which meets the criteria promul-
gated under section 4004 and which is not a facility for disposal of 
hazardous waste. 
"(b) INVENTORY.—Not later than one year after promulgation of 
regulations under section 4004, the Administrator, with the coopera-
tion of the Bureau of the Census shall publish an inventory of all dis-
posal facilities or sites in the United States which are open dumps 
within the meaning of this Act. 
"(c) CLOSING OR UPGRADING OF EXISTING OPEN DUMPS.—^Any solid 
waste management practice or disposal of solid waste or hazardous 
waste which constitutes the open dumping of solid waste or hazardous 
waste is prohibited, except in the case of any practice or disposal of 
solid waste under a timetable or schedule for compliance established 
under this section. For purposes of complying with section 4003(2), 
each State plan shall contain a requirement that all existing disposal 
facilities or sites for solid waste in such State which are open dumps 
listed in the inventory under subsection (b) shall comply with such 
measures as may be promulgated by the Administrator to eliminate 
health hazards and minimize potential health hazards. Each such plan 
shall establish, for any entity which demonstrates that it has con-
sidered other public or private alternatives for solid waste management 
to comply with the prohibition on open dumping and is unable to utilize 
such alternatives to so comply, a timetable or schedule for compliance 
for such practice or disposal of solid waste which specifies a schedule 
of remedial measures, including an enforceable sequence of actions or 
operations, leading to compliance with the prohibition on open dump-
ing of solid waste within a reasonable time (not to exceed 5 years from 
the date of publication of the inventory under subsection (b)). 
"Open dump." 
42 use 6945. 
Publication. 
Schedule of 
remedial 
90 STAT. 2816 
PUBLIC LAW 94-580—OCT. 21, 1976 
Regulations. 
42 use 6946. 
State plan. 
Multi-functional 
regional agency. 
33 use 1288. 
"PROCEDURE FOR DEVELOPMENT A N D IMPLEMENTATION 
OF STATE PLAN 
"SEC. 4006. (a) IDENTIFICATION OF REGIONS.—Within one hundred 
and eighty days after publication of guidelines under section 4002(a) 
(relating to identification of regions), the Grovemor of each State, after 
consultation with local elected officials, shall promulgate regulations 
based on such guidelines identifying the boundaries of each area within 
the State which, as a result of urban concentrations, geographic con-
ditions, markets, and other factors, is appropriate for carrying out 
regional solid waste management. Such regulations may be modified 
from time to time (identifying additional or different regions) pur-
suant to such guidelines. 
"(b) 
IDENTIFICATION OF STATE AND LOCAL AGENCIES AND RESPONSI-
BILITIES.— (1) Within one hundred and eighty days after the Governor 
promulgates regulations under subsection (a), for purposes of facili-
tating the development and implementation of a State plan which will 
meet the minimum requirements of section 4003, the State, together 
with appropriate elected officials of general purpose units of local gov-
ernment, shall jointly (A) identify an agency to develop the State 
plan and identify one or more agencies to implement such plan, and 
(B) identify which solid waste functions will, under such State plan, 
be planned for and carried out by the State and which such functions 
will, under such State plan, be planned for and carried out by a 
regional or local authority or a combination of regional or local and 
Stete authorities. If a multi-functional regional agency authorized by 
State law to conduct solid waste planning and management (the mem-
bers of which are appointed by the Governor) is in existence on the 
date of enactment of this Act, the Governor shall identify such author-
ity for purposes of carrying out within such region clause (A) of this 
paragraph. Where feasible, designation of the agency for the affected 
area designated under section 208 of the Federal Water Pollution 
Control Act (86 Stat. 839) shall be considered. A State agency identi-
fied under this paragraph shall be established or designated by the 
Governor of such State. Local or regional agencies identified under 
this paragraph shall be composed of individuals at least a majority of 
whom are elected local officials. 
"(2) If planning and implementation agencies are not identified 
and designated or established as required under paragraph (1) for any 
affected area, the governor shall, before the date two hundred and sev-
enty days after promulgation of regulations under subsection (a), 
establish or designate a State agency to develop and implement the 
State plan for such area. 
"(c) INTERSTATE REGIONS.—(1) In the case of any region which, 
pursuant to the guidelines published by the Administrator under sec-
tion 4002(a) (relating to identification of regions), would be located 
in two or more States, the Governors of the respective States, after 
consultation with local elected officials, shall consult, cooperate, and 
enter into agreements identifying the boundaries of such region pur-
suant to subsection (a). 
*'(2) Within one hundred and eighty days after an interstate region 
is identified by agreement under paragraph (1), appropriate elected 
officials of ^neral purpose units of local government within such 
region shall jointly establish or designate an agency to develop a plan 
for such region. It no such agency is established or designated within 
such period by such officials, the Governors of the respective States 
may, oy agreement, establish or designate for such purpose a single 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2817 
representative organization including elected officials of general pur-
pose units of local government within such region. 
" (3) Implementation of interstate regional solid waste management 
plans shall be conducted b^ units of local government for any portion 
of a region within their jurisdiction, or by multijurisdictional agencies 
or authorities designated in accordance with State law, including those 
designated by agreement by such units of local government for such 
purpose. If no such unit, agency, or authority is so designated, the 
respective Governors shall designate or establish a single interstate 
agency to implement such plan. 
"(4) For purposes of this subtitle, so much of an interstate regional 
plan as is carried out within a particular State shall be deemed part 
of the State plan for such State. 
Regional solid 
waste 
management 
plans. 
APPROVAL o r STATE PLAN; FEDERAL ASSISTANCE 
"SEC. 4007. (a) PLAN APPROVAL.—The Administrator shall, within 
six months after a State plan has been submitted for approval, approve 
or disapprove the plan. The Administrator shall approve a plan if he 
determines that— 
"(1) it meets the requirements of paragraphs (1), (2), (3), and 
(5) of section 4003; and 
"(2) it contains provision for revision of such plan, after notice 
and public hearing, whenever the Administrator, by regulation, 
determines— 
"(A) that revised regulations respecting minimum require-
ments have been promulgated under paragraphs (1), (2), (3), 
and (5) of section 4003 with which the State plan is not in 
compliance; 
"(B) that information has become available which demon-
strates the inadequacy of the plan to effectuate the purposes 
of this subtitle; or 
" (C) that such revision is otherwise necessary. 
The Administrator shall review approved plans from time to time and 
if he determines that revision or corrections are necessary to bring 
such plan into compliance with the minimum requirements promul-
gated under section 4003 (including new or revised requirements), he 
shall, after notice and opportunity for public hearing, withdraw his 
approval of such plan. Such withdrawal of approval shall cease to be 
effective upon the Administrator's determination that such complies 
with such minimum requirements. 
"(b) 
ELIGIBILITY OF STATES FOR FEDERAL FINANCIAL ASSISTANCE.— 
(1) The Administrator shall approve a State application for financial 
assistance under this subtitle, and make grants to such State, if such 
State and local and regional authorities within such State have com-
plied with the requirements of section 4006 within the period required 
under such section and if such State has a State plan which has been 
approved by the Administrator under this subtitle. 
"(2) The Administrator shall approve a State application for 
financial assistance under this subtitle, and make grants to such State, 
for fiscal yeai-s 1978 and 1979 if the Administrator determines that 
the State plan continues to be eligible for approval under subsection 
(a) and is being implemented by the State. 
"(3) Upon withdrawal of approval of a State plan under subsection 
(a), the Administrator shall withhold Federal financial and technical 
assistance under this subtitle (other than such technical assistance as 
42 use 6947. 
Review; 
withdrawal of 
approval. 
Withholding of 
financial and 
technical 
assistance. 
90 STAT. 2818 
PUBLIC LAW 94-580—OCT. 21, 1976 
may be necessary to assist in obtaining the reinstatement of approval) 
until such time as such approval is reinstated. 
"(C) EXISTING ACTIVITIES.—Nothing in this subtitle shall be con-
strued to prevent or affect any activities respecting solid waste plan-
ning or management which are carried out by State, regional, or local 
authorities unless such activities are inconsistent with a State plan 
approved by the Administrator under this subtitle. 
42 use 6948. 
G)mpliance with 
project or 
program. 
Ante, p. 2803. 
Appropriation 
authorization. 
"FEIDERAL ASSISTANCE 
"SEC. 4008. (a) AUTHORIZATION OF FEDERAL FINANCIAL ASSIST-
ANCE.— (1) There are authorized to be appropriated $30,000,000 for 
fiscal year 1978 and $40,000,000 for fiscal year 1979 for purposes of 
making grants to the States for the development and implementation 
of State plans under this subtitle. 
"(2) (A) The Administrator is authorized to provide financial 
assistance to States, counties, municipalities, and intermunicipal agen-
cies and State and local public solid waste management authorities for 
implementation of programs to provide solid waste management, 
resource recovery, and resource conservation services and hazardous 
waste management. Such assistance shall include assistance for facility 
planning and feasibility studies; expert consultation; surveys and 
analyses of market needs; marketing of recovered resources; tech-
nology assessments; legal expenses; construction feasibility studies; 
source separation projects; and fiscal or economic investigations or 
studies; but such assistance shall not include any other element of con-
struction, or any acquisition of land or interest in land, or any subsidy 
for the price of recovered resources. Agencies assisted under this sub-
section shall consider existing solid waste management and hazardous 
waste management services and facilities as well as facilities proposed 
for construction. 
"(B) An applicant for financial assistance under this paragraph 
must agree to comply with respect to the project or program assisted 
with the applicable requirements of section 4005 and Subtitle C of this 
Act and apply applicable solid waste management practices, methods, 
and levels of control consistent with any guidelines published pur-
suant to section 1008 of this Act. Assistance imder this paragraph shall 
be available only for programs certified by the State to be consistent 
with any applicable State or area 
wide solid waste management plan or 
program. 
"(C) There are authorized to be appropriated $15,000,000 for each 
of the fiscal years 1978 and 1979 for purposes of this section. 
"(b) STATE ALLOTMENT.—The sums appropriated in any fiscal year 
under subsection (a) (1) shall be allotted by the Administrator among 
all States, in the ratio that the population in each State bears to the 
population in all of the States, except that no State shall receive less 
than one-half of 1 per centum of the sums so allotted in any fiscal year. 
No State shall receive any grant under this section during any fiscal 
year when its expenditures of non-Federal funds for other than non-
recurrent expenditures for solid waste management control programs 
will be less than its expenditures were for such programs during fiscal 
year 1975, except that such funds may be reduced by an amount equal 
to their proportionate share of any general reduction of State spend-
ing ordered by the Governor or legislature of such State. No State 
shall receive any grant for solid waste management programs unless 
PUBLIC LAW 94^580—OCT. 21, 1976 
90 STAT. 2819 
the Administrator is satisfied that such grant will be so used as to 
supplement and, to the extent practicable, increase the level of State, 
local, regional, or other non-Federal funds that would in the absence 
of such grant be made available for the maintenance of such programs. 
"(c) DISTRIBUTION OF FEDERAL FINANCIAL ASSISTANCE W I T H I N THE 
STATE.—The Federal assistance allotted to the States under subsection 
(b) shall be allocated by the State receiving sucji funds to State, local, 
regional, and interstate authorities carrying out planning and imple-
mentation of the State plan. Such allocation shall be based upon the 
responsibilities of the respective parties as determined pursuant to 
section 4006(b). 
" ( d ) TECHNICAL ASSISTANCE.—The Administrator may 
provide 
technical assistance to State and local governments for purposes of 
developing and implementing 
State plans. Technical 
assistance 
respecting resource recovery and conservation may be provided 
through resource recovery and conservation panels, established in the 
Environmental Protection Agency under subtitle B, to assist the State ^»*«» p- 2804. 
and local governments with respect to particular resource recovery 
and conservation projects under consideration and to evaluate their 
effect on the State plan. 
"(e) SPECIAL COMMUNITIES.— (1) The Administrator, in coopera-
tion with State and local officials, shall identify communities within 
the United States (A) having a population of less than twenty-five 
thousand persons, (B) having solid waste disposal facilities in which 
more than 75 per centum of the solid waste disposal of is from areas 
outside the jurisdiction of the communities, and (C) which have seri-
ous environmental problems resulting from the disposal of such solid 
waste. 
"(2) There is authorized to be appropriated to the Administrator 
Appropriation 
$2,500,000 for each of the fiscal years 1978 and 1979 to make grants authorization, 
to be used for the conversion, improvement, or consolidation of exist-
ing solid waste disposal facilities, or for the construction of new solid 
waste disposal facilities, or for both, within communities identified 
under paragraph (1). Not more than one community in any State 
shall be eligible for grants under this paragraph and not more than 
one project in any State shall be eligible for such grants. 
"(3) Grants under this subsection shall be made only to projects 
which the Administrator determines will be consistent with an appli-
cable State plan approved under this subtitle and which will assist 
in carrying out such plan. 
((. 
RURAL COMMUNITIES ASSISTANCE 
"SEC. 4009. (a) I N GENERAL.—The Administrator shall make grants 
42 USC 6949. 
to States to provide assistance to municipalities with a population of 
five thousand or less, or counties with a population of ten thousand or 
less or less than twenty persons per square mile and not within a 
metropolitan area, for solid waste management facilities (including 
equipment) necessary to meet the requirements of section 4005 of this 
Act or restrictions on open burning or other requirements arising 
under the Clean Air Act or the Federal Water Pollution Control Act. 
^^ USC 1857 
Such assistance shall only be available— 
Qa^ikr 
"(1) to any municipality or county which could not feasibly 
„f^j^ 
^ 
be included in a solid waste management system or facility serving 
an urbanized, multijurisdictional area because of its distance 
from such systems; 
note. 
90 STAT. 2820 
PUBLIC LAW 94-580—OCT. 21, 1976 
Land acquisition, 
prohibition. 
"(2) where existing or planned solid waste management serv-
ices or facilities are unavailable or insufficient to comply with the 
requirements of section 4005 of this Act; and 
(3) for systems which are certified by the State to be con-
sistent with any plans or programs established under any State 
or area 
wide planning process. 
"(b) ALLOTMENT.—The Administrator shall allot the sums appro-
priated to carry out this section in any fiscal year among the States 
in accordance with regulations promulgated by him on the basis of 
the average of the ratio which the population of rural areas of each 
State bears to the total population of rural areas of all the States, the 
ratio which the population of counties in each State having less than 
twenty persons per square mile bears to the total population of such 
counties in all the States, and the ratio which the population of such 
low-density counties in each State having 33 per centum or more of 
all families with incomes not in excess of 125 per centum of the pov-
erty level bears to the total population of such counties in all the 
States. 
"(c) LIMIT.—The amount of any grant under this section shall not 
exceed 75 per centum of the costs of the project. No assistance under 
this section shall be available for the acquisition of land or interests 
in land. 
"(d) APPROPRIATIONS.—^There are authorized to be appropriated 
$25,000,000 for each of the fiscal years 1978 and 1979 to carry out this 
section. 
42 use 6951. 
Publication of 
guidelines. 
42 use 6952. 
eooperation with 
national 
standards-setting 
organizations. 
"Subtitle E—Duties of the Secretary of Commerce in Resource and 
Recovery 
u 
FUNCTIONS 
"SEC. 5001. The Secretary of Commerce shall encourage greater 
commercialization of proven resource recovery technology by pro-
viding— 
" (1 ^ accurate specifications for recovered materials; 
"(2) stimulation of development of markets for recovered 
materials; 
"(3) promotion of proven technology; and 
"(4) a forum for the exchange of technical and economic data 
relating to resource recovery facilities. 
« 
DEVELOPMENT OF SPECIFICATIONS FOR SECONDARY MATERIALS 
"SEC. 5002. The Secretary of Commerce, acting through the 
National Bureau of Standards, and in conjunction with national 
standards-setting organizations in resource recovery, shall, after 
public hearings, and not later than two years after the date of the 
enactment of this Act, publish guidelines for the development of 
specifications for the classification of materials recovered from waste 
which were destined for disposal. The specifications shall pertain to 
the physical and chemical properties and characteristics of such mate-
rials with regard to their use in replacing virgin materials in various 
industrial, commercial, and governmental uses. In establishing such 
guidelines the Secretary shall also, to the extent feasible, provide such 
information as may be necessary to assist Federal agencies with pro-
curement of items containing recovered materials. The Secretary shall 
continue to cooperate with national standards-setting organizations, 
as may be necessary, to encourage the publication, promulgation and 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2821 
updating of standards for recovered materials and for the use of 
recovered materials in various industrial, commercial, and govern-
mental uses. 
DEVELOPMENT OF MARKETS FOR RECOVERED MATERIALS 
"SEC. 5003. The Secretary of Commerce shall within two years 42 U
S
C 6953. 
after the enactment of this Act take such actions as may be necessary 
to— 
"(1) identify the geographical location of existing or poten-
tial markets for recovered materials; 
"(2) identify the economic and technical barriers to the use of 
recovered materials; and 
"(3) encourage the development of new uses for recovered 
materials. 
"TECHNOLOGY PROMOTION 
"SEC. 5004. The Secretary of Conmierce is authorized to evaluate 42 USC 6954. 
the commercial feasibility of resource recovery facilities and to pub-
lish the results of such evaluation, and to develop a data base for 
purposes of assisting persons in choosing such a system. 
"Subtitle F—Federal Responsibilities 
APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO 
FEDERAL FACILITIES 
42 USC 6961. 
"SEC. 6001. Each department, agency, and instrumentality of the 
executive, legislative, and judicial branches of the Federal Govern-
ment (1) having jurisdiction over any solid waste management 
facility or disposal site, or (2) engaged in any activity resulting, or 
which may result, in the disposal of solid waste or hazardous waste 
shall be subject to, and comply with, all Federal, State, interstate, and 
local requirements, both substantive and procedural (including any 
requirement for permits or reporting or any provisions for injunctive 
relief and such sanctions as may be imposed by a court to enforce 
such relief), respecting control and abatement of solid waste or 
hazardous waste disposal in the same manner, and to the same extent, 
as any person is subject to such requirements, including the payment 
of reasonable service charges. Neither the United States, nor any 
agent, employee, or officer thereof, shall be immune or exempt from 
any process or sanction of any State or Federal Court with respect 
to the enforcement of any such injunctive relief. The President may Exemptions 
exempt any solid waste management facility of any department, 
agency, or instrumentality in the executive branch from compliance 
with such a requirement if he determines it to be in the paramount 
interest of the United States to do so. No such exemption shall be 
granted due to lack of appropriation unless the President shall have 
specifically requested such appropriation as a part of the budgetary 
process and the Congress shall have failed to make available such 
requested appropriation. Any exemption shall be for a period not in 
excess of one year, but additional exemptions may be granted for 
S
eriods not to exceed one year upon the President's making a new 
etermination. The President shall report each January to the Con-
gress all exemptions from the requirements of this section granted 
during the preceding calendar year, together with his reason for 
granting each such exemption. 
Presidential 
report to 
Congress. 
90 STAT. 2822 
PUBLIC LAW 94-580—OCT. 21, 1976 
"FEDERAL, PROCUREMENT 
' 
* 
' 
42 use 6962. 
"SEC. 6002. (a) APPLICATION OF SECTION.—Except as provided in 
subsection (b), a procuring agency shall comply with the require-
ments set forth in this section and any regulations issued under this 
section, with respect to any purchase or acquisition of a procurement 
item where the purchase price of the item exceeds $10,000 or where the 
quantity of such items or of functionally equivalent items purchased 
or acquired in the course of the preceding fiscal year was $10,000 or 
more. 
"(b) PROCUREMENT SUBJECT TO OTHER LAW.—^Ajiy procurement, 
by any procuring agency, which is subject to regulations of the 
Administrator under section 6004 (as promulgated before the date of 
enactment of this section under comparable provisions of prior law) 
shall not be subject to the requirements of this section to the extent 
that such requirements are inconsistent with such regulations. 
"(c) REQUIREMENTS.— (1) (A) After two years after the date of 
enactment of this section, each procuring agency shall procure items 
composed of the highest percentage of recovered materials practicable 
consistent with maintaining a satisfactory level of competition. The 
decision not to procure such items shall be based on a determination 
that such procurement items— 
"(i) are not reasonably available within a reasonable period 
of time; 
"(ii) fail to meet the performance standards set forth in the 
applicable specifications or fail to meet the reasonable perform-
ance standards of the procuring agencies; or 
"(iii) are only available at an unreasonable price. Any deter-* 
mination imder clause (ii) shall be made on the basis of the 
guidelines of the Bureau of Standards in any case in which such 
material is covered by such guidelines. 
"(B) Agencies that generate heat, mechanical, or electrical energy 
from fossil fuel in systems that have the technical capability of using 
recovered material and recovered-material-derived fuel as a primary 
or supplementary fuel shall use such capability to the maximum 
extent practicable. 
"(C) Contracting officers shall require that vendors certify the 
percentage of the total material utilized for the performance of the 
contract which is recovered materials. 
"(d) SPECIFICATIONS.—(1) All Federal agencies that have the 
responsibility for drafting or reviewing specifications for procure-
ment item procured by Federal agencies shall, in reviewing those 
specifications, ascertain whether such specifications violate the pro-
hibitions contained in subparagraphs (A) through (C) of paragraph 
{^"Z). Such review shall be undertaken not later than eighteen months 
after the date of enactment of this section. 
"(2) In drafting or revising such specifications, after the date of 
enactment of this section— 
"(A) any exclusion of recovered materials shall be eliminated; 
"(B) such specification shall not require the item to be manu-
factured from vir^n materials; and 
"(C) such specifications shall require reclaimed materials to 
the maximum extent possible without jeopardizing the intended 
end use of the item. 
" (e) GUIDELINES.—^The Administrator, after consultation with the 
Administrator of General Services, the Secretary of Commerce (act-
ing through the Bureau of Standards), and the Public Printer, shall 
PUBLIC LAW 94^580—OCT. 21, 1976 
90 STAT. 2823 
prepare, and from time to time revise, guidelines for the use of 
procuring agencies in complying with the requirements of this section. 
Such guidelines shall set forth recommended practices with respect 
to the procurement of recovered materials and items containing such 
materials and shall provide information as to the availability, sources 
of supply, and potential uses of such materials and items. 
"(f) 
PROCUREMENT OF SERVICES.—A procuring agency shall, to the 
maximum extent practicable, manage or arrange for the procurement 
of solid waste management services in a manner which maximizes 
energy and resource recovery. 
"(g) EXECUTIVE OFFICE.—The Office of Procurement Policy in 
the Executive Office of the President, in cooperation with the Admin-
istrator, shall implement the policy expressed in this section. I t shall 
be the responsibility of the Office of Procurement Policy to coordinate 
this policy with other policies for Federal procurement, in such a 
way as to maximize the use of recovered resources, and to annually 
report to the Congress on actions taken by Federal agencies and the 
progress made in the implementation of such policy. 
"COOPERATION WITH ENVIRONMENTAL PROTECTION AGENCY 
"SEC. 6003. All Federal agencies having functions relating to solid 
42 USC 6963. 
waste or hazardous waste shall cooperate to the maximum extent 
permitted by law with the Administrator in carrying out his func-
tions under this Act and shall make all appropriate information, 
facilities, personnel, and other resources available, on a reimbursable 
basis, to the Administrator upon his request. 
"APPLICABILITY OF soLro WASTE DISPOSAL GUIDELINES TO EXECUTIVE 
AGENCIES 
I 
"SEC. 6004. (a) COMPLIANCE.—(1) If— 
42 USC 6964. 
" ( A ) an Executive agency (as defined in section 105 of title 
5, United States Code) has jurisdiction over any real property 
or facility the operation or administration of which involves 
i 
such agency in solid waste disposal activities, or 
' 
"(B) such an agency entei-s into a contract with any person 
for the operation by such person of any Federal property or 
facility, and the performance of such contract involves such 
person in solid waste disposal activities, 
I 
then such agency shall insure compliance with the guidelines recom-
mended under section 1008 and the purposes of this Act in the opera- 
Ante, p. 2803. 
tion or administration of such property or facility, or the performance 
of such contract, as the case may be. 
"(2) Each Executive agency which conducts any activity— 
" ( A ) which generates solid waste, and 
" ( B ) which, if conducted by a person other than such agency, 
would require a permit or license from such agency in order to 
dispose of such solid waste, 
shall insure compliance with such guidelines and the purposes of this 
Act in conducting such activity. 
"(3) Each Executive agency which permits the use of Federal 
property for purposes of disposal of solid waste shall insure com- 
I 
pliance with such guidelines and the purposes of this Act in the 
disposal of such waste. 
"(4) The President shall prescribe regulations to carry out this Regulations. 
subsection. 
90 STAT. 2824 
PUBLIC LAW 94-580—OCT. 21, 1976 
"(b) LICENSES AND PERMITS.—Each Executive agency which issues 
any license or permit for disposal of solid waste shall, prior to the 
issuance of such license or permit, consult with the Secretary to insure 
Ante, p. 2803. 
compliance with guidelines recommended under section 1008 and the 
purposes of this Act. 
"Subtitle G—Miscelhxneous Provisions 
"EMPLOYEE PROTECTION 
42 use 6971. 
"SEC. 7001. (a) GENERAL.—No person shall fire, or in any other 
way discriminate against, or cause to be fired or discriminated against, 
any employee or any authorized representative of employees by reason 
of the fact that such employee or representative has filed, instituted, 
or caused to be filed or instituted any proceeding under this Act or 
under any applicable implementation plan, or has testified or is about 
to testify in any proceeding resulting from the administration or 
enforcement of the provisions of this Act or of any applicable 
implementation plan. 
Application to 
^'{^) REMEDY.—Any employee or a representative of employees who 
Secretary for 
believes that he has been fired or otherwise discriminated against by 
review. 
.^^^^^ person in violation of subsection (a) of this section may, within 
thirty days after such alleged violation occurs, apply to the Secretary 
of Labor for a review of such firing or alleged discrimination. A copy 
of the application shall be sent to such person who shall be the respond-
ent. Upon receipt of such application, the Secretary of Labor shall 
Hearing. 
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 
Notice. 
information relating to such alleged violation. The parties shall be 
given written notice of the time and place of the hearing at least five 
days prior to the hearing. Any such hearing shall be of record and 
shall be subject to section 554 of title 5 of the United States Code. Upon 
receiving the report of such investigation, the Secretary of Labor shall 
Rehiring or 
make findings of fact. If he finds that such violation did occur, he shall 
reinstatement of 
issue a decision, incorporating an order therein and his findings, requir-
employee. 
jj^g ^jjg 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 tlie 
employee or representative of employees to his former position with 
compensation. If he finds that there was no such violation, he shall issue 
Judicial review. 
an order denying the application. Such order issued by the Secretary 
of Labor under this subparagraph shall be subject to judicial review 
in the same manner as orders and decisions of the Administrator or 
subject to judicial review under this Act. 
"(c) COSTS.—Whenever an order is issued under this section to abate 
such violation, at the request of the applicant, a sum equal to the 
aggregate amount of all costs and expenses (including the attorney's 
fees) as determined by the Secretary of Labor, to have been reasonably 
incurred by the applicant for, or in connection with, the institution and 
[)rosecution of such proceedings, shall be assessed against the person 
committing such violation. 
"(d) EXCEPTION.—This section shall have no application to any 
employee who, acting without direction from his employer (or his 
agent) deliberately violates any requirement of this Act. 
"(e) 
EMPLOYMENT 
SHIFTS AND Loss.—The Administrator shall 
conduct continuing evaluations of potential loss or shifts of employ-
PUBLIC LAW 94-580-~OCT. 21, 1976 
90 STAT. 2825 
Request for 
investigation. 
ment which may result from the administration or enforcement of 
the provisions of this Act and applicable implementation plans, 
including, where appropriate, investigating threatened plant closures 
or reductions in employment allegedly resulting from such adminis-
tration or enforcement. Any employee who is discharged, or laid off, 
threatened with discharge or layoff, or otherwise discriminated against 
by anv person because of the alleged results of such administration 
or enforcement, or any representative of such employee, may request 
the Administrator to conduct a full investigation of the matter. The Hearing 
Administrator shall thereupon investigate the matter and, at the 
request of any party, shall hold public hearings on not less than five 
days' notice, and shall at such hearings require the parties, including 
the employer involved, to present information relating to the actual 
or potential effect of such administration or enforcement on employ-
ment and on any alleged discharge, layoff, or other discrimination 
and the detailed reasons or justification therefor. Any such hearing 
shall be of record and shall be subject to section 554 of title 5 of the 
United States Code. Upon receiving the report of such investigation, 
the Administrator shall make findings of fact as to the effect of such 
administration or enforcement on employment and on the alleged 
discharge, layoff, or discrimination and shall make such recommenda-
tions as he deems appropriate. Such report, findings, and recommen-
dations shall be available to the public. Nothing in this subsection 
shall be construed to require or authorize the Administrator or any 
State to modify or withdraw any standard, limitation, or any other 
requirement of this Act or any applicable implementation plan. 
Information, 
availability to 
public. 
"CITIZEN 
SUITS 
"SEC. 7002. (a) IN GENERAL.—Except as provided in subsection (b) 42 USC 6972. 
or (c) of this section, any person may commence a civil action on his 
own behalf— 
"(1) against any person (including (a) the United States, and 
(b) any other governmental instrumentality or agency, to the 
extent permitted by the eleventh amendment to the Constitution) 
who is alleged to be in violation of any permit, standard, regula-
tion, condition, requirement, or order which has become effective 
pursuant to this Act; or 
"(2) against the Administrator where there is alleged a failure 
of the Administrator to perform any act or duty under this Act 
which is not discretionary with the Administrator. 
Any action under paragraph (a)(1) of this subsection shall be 
brought in the district court for the district in which the alleged 
violation occurred. Any action brought under paragraph (a)(2) of 
this subsection may be brought in the district court for the district 
in which the alleged violation occurred or in the District Court of 
the District of Columbia. The district court shall have jurisdiction, 
without regard to the amount in controversy or the citizenship of the 
parties, to enforce such regulation or order, or to order the Adminis-
trator to perform such act or duty as the case may be. 
"(b) ACTIONS PROHIBITED.—No action may be commenced under 
paragraph (a)(1) of this section— 
"(1) prior to sixty days after the plaintiff has given notice of 
the violation (A) to the Administrator; (B) to the State in which 
the alleged violation occurs; and (C) to any alleged violator of 
such permit, standard, regulation, condition, requirement, or 
order; or 
90 STAT. 2826 
PUBLIC LAW 94-580—OCT. 21, 1976 
gei 
IJi 
"(2) if the Administrator or State has commenced and is dili-
gently prosecuting a civil or criminal action in a court of the 
Tnited States or a State to require compliance with such permit, 
standard, regulation, condition, requirement, or order: Provided^ 
however^ That in any such action in a court of the United States, 
any person may intervene as a matter of right. 
"(c) NOTICE.—No action may be commenced under paragraph 
(a) (2) of this section prior to sixty days after the plaintiff has given 
notice to the Administrator that he will commence such action, except 
that such action may be brought immediately after such notification in 
the case of an action under this section respecting a violation of 
42 use 3254f. 
section 212 of this Act. Notice under this subsection shall be given in 
such manner as the Administrator shall prescribe by regulation. Any 
action respecting a violation under this Act may be brought under this 
section only in the judicial district in which such alleged violation 
occurs. 
"(d) INTERVENTION.—In any action under this section the Adminisr 
trator, if not a party, may intervene as a matter of right. 
"(e) COSTS.—The couit, in issuing any final order in any action 
brought pursuant to this section, may award costs of litigation (includ-
ing reasonable attorney and expert witness fees) to any party, when-
ever the court determines such an award is appropriate. The eouit 
may, if a temporary restraining order or preliminary injunction is 
sought, requiring the filing of a bond or equivalent security in accord-
28 use app. 
ance with the Federal Rules of Civil Procedure. 
"(f) 
OTHER RIGHTS PRESERVED.—Nothing in this section shall 
restrict any right which any person (or class of persons) may have 
under any statute or common law to seek enforcement of any standard 
or requirement relating to the management of solid waste or hazardous 
waste, or to seek any other relief (including relief against the Adminis-
trator or a State agency). 
"IMMINENT HAZARD 
42 use 6973. 
"SEC. 7003. Notwithstanding any other provision of this Act, upon 
receipt of evidence that the handling, storage, treatment, transpoita-
tion or disposal of any solid waste or hazardous waste is presenting 
an imminent and substantial endangerment to health or the environ-
ment, the Administrator may bring suit on behalf of the United States 
in the appropriate district court to immediately restrain any person 
for contributing to the alleged disposal to stop such handling, storage, 
treatment, transportation, or disposal or to take such other action as 
/ 
may be necessary. The Administrator shall provide notice to the 
affected State of any such suit. 
Publication in 
Federal Register. 
42 use 6974. 
"PETITION FOR REGULATIONS; PUBLIC PARTICIPATION 
"SEC. 7004. (a) PETITION.—^Any person may petition the Adminis-
trator for the promulgation, amendment, or repeal of any regulation 
under this Act. Within a reasonable time following receipt of such 
petition, the Administrator shall take action with respect to such 
petition and shall publish notice of such action in the Federal Reg-
ister, together with the reasons therefor. 
"(b) PUBLIC PARTICIPATION.—Public participation in the develop-
ment, revision, implementation, and enforcement of any regulation, 
guideline, information, or program under this Act shall be provided 
for, encouraged, and assisted by the Administrator and the States. 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2827 
The Administrator, in cooperation with the States, shall develop and 
publish minimum guidelines for public participation in such processes. 
"SEPARABILITY 
"SEC. 7005. If any provision of this Act, or the application of any 42 USC 6975. 
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. 
(( 
JUDICIAL REVIEW 
"SEC. 7006. Any judicial review of final regulations promulgated 42 USC 6976. 
?
>ursuant to this Act shall be in accordance with sections 701 through 
06 of title 5 of the United States Code, except that— 
"(1) a petition for review of action of the Administrator in 
promulgating any regulation, or requirement under this Act 
may be filed only in the United States Court of Appeals for 
the District of Columbia. Any such petition shall be filed within 
ninetjr days from the date of such promulgation, or after such 
date if such petition is based solely on grounds arising after such 
ninetieth day. Action of the Administrator with respect to which 
review could have been obtained under this subsection shall not 
be subject to judicial review in civil or criminal proceedings 
for enforcement; and 
"(2) in any judicial proceeding brought under this section in 
which review is sought of a determination under this Act required 
to be made on the record after notice and opportunity for hearing, 
if a party seeking review under this Act applies to the court 
for leave to adduce additional evidence, and shows to the satis-
faction of the court that the information is material and that 
there were reasonable grounds for the failure to adduce such 
evidence in the proceeding before the Administrator, the court 
may order such additional evidence (and evidence in rebuttal 
thereof) to be taken before the Administrator, and to be adduced 
upon the hearing in such manner and upon such terms and condi-
tions as the court may deem proper. The Administrator may 
modify his findings as to the facts, or make new findings, by 
reason of the additional evidence so taken, and he shall file with 
the court such modified or new findings and his recommendation, 
if any, for the modification or setting aside of his original order, 
with the return of such additional evidence. 
li, GRANTS OR CONTRACTS FOR TRAINING PROJECTS 
"SEC. 
7007. (a) GENERAL AUTHORITY.—The Administrator is 42 USC 6977. 
authorized to make grants to, and contracts with any eligible organi-
zation. For purposes of this section the term "eligiole organization" "Eligible 
means a State or interstate agency, a municipality, educational institu- organization." 
tion, and any other organization which is capable of effectively carry-
ing out a project which may be funded by grant under subsection (b) 
of this section. 
"(b) PURPOSES.—(1) Subject to the provisions of paragraph (2), 
grants or contracts may be made to pay all or a part of the costs, 
as may be determined by the Administrator, of any project operated 
or to be operated by an eligible organization, which is designed— 
"(A) to develop, expand, or carry out a program (which may 
90 STAT. 2828 
PUBLIC LAW 94-580—OCT. 21, 1976 
combine training, education, and employment) for training per-
sons for occupations involving the management, supervision, 
design, operation, or maintenance of solid waste disposal and 
resources recovery equipment and facilities; or 
"(B) to train instructors and supervisory personnel to train 
or supervise persons in occupations involving the design, opera-
tion, and maintenance of solid waste disposal and resource recov-
ery 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 required by section 207(b) (4) and 
42 use 3254a. 
(5) (as in effect before the date of the enactment of Resource Con-
Ante, p. 2795. 
servation and Recovery Act of 1976) with respect to applications made 
under such section (as in effect before the date of the enactment of 
Resource Conservation and Recovery Act of 1976). 
"(c) STUDY.—The Administrator shall make a complete investiga-
tion and study to determine— 
"(1) the need for additional trained State and local personnel 
to carry out plans assisted under this Act and other solid waste 
and resource recovery programs; 
"(2) means of using existing training programs to train such 
personnel; and 
"(3) the extent and nature of obstacles to employment and 
occupational advancement in the solid waste disposal and resource 
recovery field which may limit either available manpower or the 
advancement of personnel in such field. 
Report to 
He shall report the results of such investigation and study, including 
President and 
his recommendations to the President and the Congress. 
Congress. 
u 
PAYMENTS 
42 use 6978. 
"SEC. 7008. (a) GENERAL RULE.—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 
reimbui"sement, and in such installments and on such conditions as the 
Administrator may determine. 
"(b) PROHIBITION.—No grant may be made under this Act to any 
private profitmaking organization. 
"LABOR STANDARDS 
42 use 6979. 
"SEC. 7009. No grant for a project of construction under this Act 
shall be made unless the Secretary finds that the application contains 
or is supported by 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 pre-
vailing 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 Num-
5 use app. II. 
bered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-5) and section 2 of the 
Act of June 13,1934, as amended (40 U.S.C. 276c). 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2829 
"Subtitle H—Research, Development, Demonstration, and 
Information 
"RESEARCH, DEMONSTRATIONS, TRAINING, AND OTHER ACTIVITIES 
"SEC. 8001. (a) GENERAL AUTHORITY.—The Administrator, alone or 42 USC 6981. 
after consultation with the Administrator of the Federal Energy 
Administration, the Administrator of the Energy Research and 
Development Administration, or the Chairman of tne Federal Power 
Commission, shall conduct, and encourage, cooperate with, and render 
financial and other assistance to appropriate public (whether Federal, 
State, interstate, or local) authorities, agencies, and institutions, 
private agencies and institutions, and individuals in the conduct of, 
and promote the coordination of, research, investigations, experi-
ments, training, demonstrations, surveys, public education programs, 
and studies relating to— 
"(1) any adverse health and welfare effects of the release into 
the environment of material present in solid waste, and methods 
to eliminate such effects; 
"(2) the operation and financing of solid waste disposal 
programs; 
"(3) the planning, implementation, and operation of resource 
recovery and resource conservation systems and hazardous waste 
management systems, including the marketing of recovered 
resources; 
"(4) the production of usable forms of recovered resources, 
including fuel, from solid waste; 
" (5) the reduction of the amount of such waste and \insalvage-
able waste materials; 
"(6) the development and application of new and improved 
methods of collecting and disposing of solid waste and processing 
and recovering materials and energy from solid wastes; 
" (7) the identification of solid waste components and potential 
materials and energy recoverable from such waste components; 
"(8) small scale and low technology solid waste management 
systems, including but not limited to, resource recovery source 
separation systems; 
"(9) methods to improve the performance characteristics of 
resources recovered from solid waste and the relationship of such 
performance characteristics to available and potentially available 
markets for such resources; 
"(10) improvements in land disposal practices for solid waste 
(including sludge) which may reduce the adverse environmental 
effects of such disposal and other aspects of solid waste disposal 
on land, including means for reducing the harmful environmental 
effects of earlier and existing landfills, means for restoring areas 
damaged by such earlier or existing landfills, means for rendering 
landfills safe for purposes of construction and other uses, and 
techniques of recovering materials and energy from landfills; 
"(11) methods for the sound disposal of, or recovery of 
resources, including energy, from, sludge (including sludge from 
pollution control and treatment facilities, coal slurry pipelines, 
and other sources); 
"(12) methods of hazardous waste management, including 
methods of rendering such waste environmentally safe; and 
"(13) any adverse effects on air quality (particularly with 
89-194 O—78—pt. 2 
£ 
90 STAT. 2830 
PUBLIC LAW 94-580—OCT. 21, 1976 
regard to the emission of heavy metals) which result from solid 
waste which is burned (either alone or in conjunction with other 
substances) for purposes of disposal or energy recovery. 
"(b) MANAGEMENT PROGRAM.—(1)(A) In carrying out his func-
tions pursuant to this Act, and any other Federal legislation respecting 
solid waste or discarded material research, development, and demon-
strations, the Administrator shall establish a management program or 
system to insure the coordination of all such activities and to facilitate 
and accelerate the process of development of sound new technology (or 
other discoveries) from the research phase, through development, and 
into the demonstration phase. 
"(B) The Administrator shall (i) assist, on the basis of any 
research projects which are developed with assistance under this Act 
or without Federal assistance, the construction of pilot plant facilities 
for the purpose of investigating or testing the technological feasibility 
of any promising new fuel, energy, or resource recovery or resource 
conservation method or technology; and (ii) demonstrate each such 
method and technology that appears justified by an evaluation at such 
pilot plant stage or at a pilot plant stage developed without Federal 
assistance. Each such demonstration shall incorporate new or innova-
tive technical advances or shall apply such advances to different 
circumstances and conditions, for the purpose of evaluating design 
concepts or to test the performance, efficiency, and economic feasibility 
of a particular method or technology under actual operating condi-
tions. Each such demonstration shall be so planned and designed that, 
if successful, it can be expanded or utilized directly as a full-scale 
operational fuel, energy, or resource recovery or resource conservation 
facility. 
"(2) Any energy-related research, development, or demonstration 
project for the convereion including bioconversion, of solid waste car-
ried out by the Environmental Protection Agency or by the Energy 
Research and Development Administi-ation pursuant to this or any 
other Act shall be administered in accordance with the May 7, 1976, 
Interagency Agreement betw^een the Environmental 
Protection 
Agency and the Ener^r Research and Development Administration 
on the Development of Energy from Solid Wastes and specifically, 
that in accordance with this agreement, (A) for those energy-related 
projects of mutual interest, planning will be conducted jointly by 
the Environmental Protection Agency and the Energy Research and 
Development Administration, following which project responsibility 
will be assigned to one agency; (B) energy-related portions of proj-
ects for recovery of synthetic fuels or other forms of energy from 
solid waste shall be the responsibility of the Energy Research and 
Development Administration | (C) the Environmental Protection 
Agency shall retain responsibility for the environmental, economic, 
and institutional aspects of solid waste projects and for assurance that 
such projects are consistent with any applicable suggested guidelines 
published pursuant to section 1008, and any applicable State or 
regional solid waste management plan; and (D) any activities under-
taken under provisions of sections 8002 and 8003 as related to energy; 
as related to energy or synthetic fuels recovery from waste; or as 
related to energy conservation shall be accomplished through coordina-
tion and consultation with the Energy Research and Development 
Administration. 
"(c) AUTHORITIES.—(1) In carrying out subsection (a) of this sec-
tion respecting solid waste research, studies, development, and demon-
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2831 
Detail of 
EPA personndl to 
other agencie». 
stration, except as otherwise specifically provided in section 8004(d), 
the Administrator may make grants to or enter into contracts (includ-
ing contracts for construction) with, public agencies and authorities 
or private persons. 
"(2) Contracts for research, development, or demonstrations or for 
both (including contracts for construction) shall be made in accord-
ance 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 cer-
tification required thereby shall be made by the Administrator. 
"(3) Any invention made or conceived in the course of, or under, 
any contract under this Act shall be subject to section 9 of the Federal 
Nonnuclear Energy Research and Development Act of 1974 to the 42 USC 5908 
.same extent and in the same manner as inventions made or conceived 
in the course of contracts under such Act, except that in applying such 
section, the Environmental Protection Agency shall be subistituted for 
the Energy Research and Development Administration and the words 
'solid waste' shall be substituted for the word 'energy' where 
appropriate. 
"(4) For carrying out the purpose of this Act the Administrator 
may detail personnel of the Environmental Protection Agency to 
agencies eligible for assistance under this section. 
"SPECIAL STUDIES; PLANS FOR RESEARCH, DEVELOPMENT, AND 
DEMONSTRATIONS 
"SEC. 8002. (a) GLASS AND PLASTIC—The Administrator shall 42 USC 6982. 
undertake a study and publish a report on resource recovery from glass 
and plastic waste, including a scientific, technological, and economic 
investigation of potential solutions to implement such recovery. 
"(b) COMPOSITION OF WASTE STREAM.—The Administrator shall 
undertake a systematic study of the composition of the solid waste 
stream and of anticipated future changes in the composition of such 
stream and shall publish a report containing the results of such study 
and quantitatively evaluating the potential utility of such components. 
"(c) PRIORITIES STUDY.—For purposes of determining priorities for 
research on recovery of materials and energy from solid waste and 
developing materials and energy recovery research, development, and 
demonstration strategies, the Administrator shall review, and make a 
study of, the various existing and promising techniques of energy 
recovery from solid waste (including, but not limited to, waterwall 
furnace incinerators, dry shredded hiel systems, pyrolysis, densified 
refuse-derived fuel systems, anerobic digestion, and fuel and feedstock 
preparation systems). In carrying out such study the Administrator 
shall investigate with respect to each such technique— 
"(1) the degree of public need for the potential results of such 
research, development, or demonstration, 
, 
"(2) the potential for research, development, and demonstra-
tion without Federal action, including the degree of restraint on 
such potential posed by the risks involved, and 
"(3) the magnitude of effort and period of time necessary to 
develop the technology to the point where Federal assistance can 
be ended. 
"(d) 
SMALL-SCALE AND Low 
TECHNOLOGY STUDT.—The Adminis-
trator shall undertake a comprehensive study and analysis of, and 
publish a report on, systems of small-scale and low technology solid 
90 STAT. 2832 
PUBLIC LAW 94-580—OCT. 21, 1976 
waste management, including household resource recovery and 
resource recovery systems which have special application to multiple 
dwelling units and high density housing and office complexes. Such 
study and analysis shall include an investigation of the degree to 
which such systems could contribute to energy conservation. 
"(e) FRONT-END SOURCE SEPARATION.—The Administrator shall 
undertake research and studies concerning the compatibility of front-
end source separation systems with high technology resource recovery 
systems and shall publish a report containing the results of such 
research and studies. 
"(f) MINING WASTE.—The Administrator, in consultation with the 
Secretary of the Interior, shall conduct a detailed and comprehensive 
study on the adverse effects of solid wastes from active and abandoned 
surface and underground mines on the environment, including, but 
not limited to, the effects of such wastes on humans, water, air, health, 
welfare, and natural resources, and on the adequacy of means and 
measures currently employed by the mining industry. Government 
agencies, and others to dispose of and utilize such solid wastes and to 
prevent or substantially mitigate such adverse effects. Such study shall 
include an analysis of— 
"(1) the sources and volume of discarded material generated 
per year from mining; 
"(2) present disposal practices; 
"(3) potential dangers to human health and the environment 
from surface runoff of leachate and air pollution by dust; 
"(4) alternatives to current disposal methods; 
"(5) the cost of those alternatives in terms of the impact on 
mine product costs; and 
"(6) potential for use of discarded material as a secondary 
source of the mine product. 
In furtherance of this study, the Administrator shall, as he deems 
appropriate, review studies and other actions of other Federal agencies 
concerning such wastes with a view toward avoiding duplication of 
effort and the need to expedite such study. The Administrator shall 
publish a report of such study and shall include appropriate findings 
and recommendations for Federal and non-Federal actions concern-
ing such effects. 
" (g) SLUDGE.—The Administrator shall undertake a comprehensive 
study and publish a report on sludge. Such study shall include an 
analysis of— 
"(1) what types of solid waste (including but not limited to 
sewage and pollution treatment residues and other residues from 
industrial operations such as extraction of oil from shale liquefac-
tion and gasification of coal and coal slurry pipeline operations) 
shall be classified as sludge; 
"(2) the effects of air and water pollution legislation on the 
creation of large volumes of sludge; 
"(3) the amounts of sludge originating in each State and in 
each industry producing sludge; 
"(4) methods of disposal of such sludge, including the cost, 
efficiency, and effectiveness of such methods; 
"(5) alternative methods for the use of sludge, including agri-
cultural applications of sludge and energy recovery from sludge; 
and 
"(6) methods to reclaim areas which have been used for the 
disposal of sludge or which have been damaged by sludge. 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2833 
" (h) TIRES.—The Administrator shall undertake a study and pub-
lish a report respecting discarded motor vehicle tires which shall 
include an analysis of the problems involved in the collection, recov-
ery of resources including energy, and use of such tires. 
"(i) RKSOURCE RECOVERY FACiLrnES-—The Administrator shall con-
duct research and report on the economics of, and impediments, to the 
effective functioning of resource recovery facilities. 
"(j) RESOURCE CONSERVATION COMMITTEE.—(1) The Administrator 
shall serve as Chairman of a Committee composed of himself, the 
Secretary of Commerce, the Secretary of Labor, the Chairman of the 
Council on Environmental Quality, the Secretary of Treasury, the 
Secretary of the Interior, and a representative of the Office of Man-
agement and Budget, which shall conduct a full and complete investi-
gation and study of all aspects of the economic, social, and 
environmental consequences of resource conservation with respect to— 
"(A) the appropriateness of recommended incentives and dis-
incentives to foster resource conservation; 
"(B) the effect of existing public policies (including subsidies 
and economic incentives and disincentives, percentage depletion 
allowances, capital gains treatment and other tax incentives and 
disincentives^ upon resource conservation, and the likely effect 
of the modification or elimination of such incentives and disin-
centives upon resource conservation; 
"(C) the appropriateness and feasibility of restricting the 
manufacture or use of categories of consumer products as a 
resource conservation strategy; 
"(D) the appropriateness and feasibility of employing as a 
resource conservation strategy the imposition of solid waste man-
agement charges on consumer products, which charges would 
reflect the costs of solid waste management services, litter pickup, 
the value of recoverable components of such product, final dis-
posal, and any social value associated with the nonrecycling or 
uncontrolled disposal of such product; and 
"(E) the need for further research, development, and demon-
stration in the area of resource conservation. 
"(2) The study required in paragraph (2) (D) may include pilot 
scale projects, and shall consider and evaluate alternative strategies 
with respect to— 
"(A) the product categories on which such charges would be 
imposed; 
"(B) the appropriate state in the production of such consumer 
product at which to levy such charge; 
"(C) appropriate criteria for establishing such charges for 
each consumer product category; 
"(D) methods for the adjustment of such charges to reflect 
actions such as recycling which would reduce the overall quanti-
ties of solid waste requiring disposal; and 
"(E) procedures for amending, modifying, or revising such 
charges to reflect changing conditions. 
"(3) The design for the study required in paragraph (2) (D) of Study design 
this subsection shall include timetables for the completion of the study. 
A preliminary report putting forth the study design shall be sent to 
the President and the Congress within six months following enact-
ment of this section and foUowup reports shall be sent six months 
thereafter. Each recommendation resulting from the study shall 
include at least two alternatives to the proposed recommendation. 
Pilot scale 
projects. 
Report to 
President and 
Congress. 
90 STAT. 2834 
PUBLIC LAW 94-580—OCT. 21, 1976 
Report to 
President and 
Congress. 
Appropriation 
authorization. 
42 u s e 6983. 
"(4) The results of such investigation and study, including recom-
mendations, shall be reported to the President and the Congress not 
later than two years after enactment of this subsection. 
"(5) There are authorized to be appropriated not to exceed 
$2,000,000 to carry out this subsection. 
"(k) AIRPORT LANDFILLS.—The Administrator shall undertake a 
comprehensive study and analysis of and publish a report on systems 
to alleviate the hazards to aviation from birds congregating and feed-
ing on landfills in the vicinity of airports. 
"(1) COMPLETION OF RESEARCH AND STUDIES.—The Administrator 
shall complete the research and studies, and submit the reports, 
required under subsections (b), (c), (d), (e), (f), (g), and (k) not 
later than October 1, 1978. The Administrator shall complete the 
research and studies, and submit the reports, required under sub-
sections (a), (h), (i), and (j) not later than October 1, 1979. Upon 
completion, each study specified in subsections (a) through (k) of 
this section, the Administrator shall prepare a plan for research, 
development, and demonstration respecting the findings of the study 
and shall submit any legislative recommendations resulting from such 
study to appropriate committees of Congress. 
"(m) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated not to exceed $8,000,000 for the fiscal years 1978 and 
1979 to carry out this section other than subsection (j). 
"CJOORDINATION, COLLECTION, AND DISSEMINATION OF INFORMATION 
"SEC. 8003. (a) INFORMATION.—The Administrator shall develop, 
collect, evaluate, and coordinate information on— 
" (1) metnods and costs of the collection of solid waste; 
"(2) solid waste management practices, including data on the 
different management methods and the cost, operation, and main-
tenance of such methods; 
"(3) the amounts and percentages of resources (including 
energy) that can be recovered from solid waste by use of 
various discarded materials management practices and various 
technologies; 
"(4) methods available to reduce the amount of solid waste 
that is generated; 
"(5) existing and developing technologies for the i-ecovery of 
energy or materials from solid waste and the costs, reliability, and 
risks associated with such technologies; 
"(6) hazardous solid waste, including incidents of damage 
resulting from the disposal of hazardous solid wastes; inherently 
and potentially hazardous solid wastes; methods of neutraliz-
ing or properly disposing of hazardous solid wastes; facilities 
that properly dispose of hazardous wastes; 
"(7) methods of financing resource recovery facilities or, sani-
tary landfills, or hazardous solid waste treatment facilities, which-
ever is appropriate for the entity developing such facility or 
landfill (taking into account the amount of solid waste reasonably 
expected to be available to such entity); 
"(8) the availability of markets for the purchase of resources, 
either materials or energy, recovered from solid waste; and 
"(9) research and development projects respecting solid waste 
management. 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2835 
" (b) LIBRARY.—(1) The Administrator shall establish and maintain 
a central reference library for (A) the materials collected pursuant to 
subsection (a) of this section and (B) the actual performance and cost 
effectiveness records and other data and information with respect to— 
" (i) the various methods of energy and resource recovery from 
solid waste, 
" (ii) the various systems and means of resource conservation, 
" (iii) the various systems and technologies for collection, trans-
port, storage, treatment, and final disposition of solid waste, and 
"(iv) other aspects of solid waste and hazardous solid waste 
management. 
v 
, 
Such central reference library shall also contain, but not be limited to, 
the model codes and model accounting systems developed under this 
section, the information collected under subsection (d), and, subject 
to any applicable requirements of confidentiality, information respect-
ing any aspect of solid waste provided by officers and emplovees of the 
Environmental Protection Agency which has been acquired oy them in 
the conduct of their functions under this Act and which may be of 
value to Federal, State, and local authorities and other persons. 
" (2) Information in the central reference library shall, to the extent 
practicable, be collated, analyzed, verified, and puolished and shall be 
made available to State and local governments and other pereons at 
reasonable times and subject to such reasonable charges as may be 
necessary to defray expenses of making such information available. 
"(c) MODEL ACCOUNTING SYSTEM.—In order to assist State and local 
governments in determining the cost and revenues associated with the 
collection and disposal of solid waste and with resource recovery oper-
ations, the Administrator shall develop and publish a recommended 
model cost and revenue accounting system applicable to the solid waste 
management functions of State and local governments. Such system 
shall be in accordance with generally accepted accounting principles. 
The Administrator shall periodically, but not less frequently than once 
every five years, review such accounting system and revise it as 
necessary. 
"(d) MODEL CODES.—The Administrator is authorized, in coopera-
tion with appropriate State and local agencies, to recommend model 
codes, ordinances, and statutes, providing for sound solid waste 
management. 
"(e) INFORMATION PROGRAMS.—(1) The Administrator shall imple-
ment a program for the rapid dissemination of information on solid 
waste management, hazardous waste management, resource conserva-
tion, and methods of resource recovery from solid waste, including the 
results of any relevant research, investigations, experiments, surveys, 
studies, or other information which may be useful in the implementa-
tion of new or improved solid waste management practices and meth-
ods and information on any other technical, managerial, financial, or 
market aspect of resource conservation and recovery facilities. 
"(2) The Administrator shall develop and implement educational 
programs to promote citizen understanding of the need for environ-
mentally sound solid waste management practices. 
"(f) COORDINATION.—In collecting and disseminating information 
under this section, the Administrator shall coordinate his actions and 
cooperate to the maximum extent possible with State and local 
authorities. 
"(g) SPECIAL RESTRICTION.—^Upon request, the full range of alter-
native technologies, programs or processes deemed feasible to meet the 
90 STAT. 2836 
PUBLIC LAW 94-580—OCT. 21, 1976 
resource recovery or resource conservation needs of a jurisdiction shall 
be described in such a manner as to provide a sufficient evaluative 
basis from which the jurisdiction can make its decisions, but no officer 
or employee of the Environmental Protection Agency shall, in an 
official capacity, lobby for or otherwise represent an agency position 
in favor of resource recovery or resource conservation, as a policy 
alternative for adoption into ordinances, codes, regulations, or law by 
any State or political subdivision thereof. 
a 
FULL-SCALE DEMONSTRATION 
FACILITIES 
42 use 6984. 
"SEC. 8004. (a) AUTHORITY.—The Administrator may enter into con-
tracts with public agencies or authorities or private persons for the 
construction and operation of a full-scale demonstration facility under 
this Act, or provide financial assistance in the form of grants to a full-
scale demonstration facility under this Act only if the Administrator 
finds that— 
"(1) such facility or proposed facility will demonstrate at full 
scale a new or si^ificantly improved technology or process, a 
practical and significant improvement in discarded material man-
agement practice, 6r the technological feasibility and cost effec-
tiveness of an existing, but unproven technology, process, or 
practice, and will not duplicate any other Federal, State, local, 
or commercial facility which has been constructed or with respect 
to which construction has begun (determined as of the date action 
is taken by the Administrator under this Act), 
"(2) such contract or assistance meets the requirements of 
section 8001 and meets other applicable requirements o,f the Act, 
"(3) such facility will be able to comply with the guidelines 
published under section 1008 and with other laws and regulations 
for the protection of health and the environment, 
" (4) in the case of a contract for construction or operation, such 
facility is not likely to be constructed or operated by State, local, 
or private persons or in the case of an application for financial 
assistance, such facility is not likely to receive adequate financial 
assistance from other sources, and 
"(5) any Federal interest in, or assistance to, such facility will 
be disposed of or terminated, with appropriate compensation, 
within such period of time as may be necessary to carry out the 
basic objectives of this Act. 
" (b) TIME LIMITATION.—No obligation may be made by the Admin-
istrator for financial assistance under this subtitle for any full-scale 
demonstration facility after the date ten years atfter the enactment 
of this section. No expenditure of funds for any such full-scale demon-
stration facility under this subtitle may be made by the Administrator 
after the date fourteen years after such date of enactment. 
"(c) COST SHARING.—^Wherever practicable, in constructing, oper-
ating, or providing financial assistance under this subtitle to a full-
scale demonstration facility, the Administrator shall endeavor to 
enter into agreements and make other arrangements for maximum 
practicable cost sharing with other Federal, State, and local agencies, 
private persons, or any combination thereof. 
"(2) The Administrator shall enter into arrangements, wherever 
practicable and desirable, to provide monitoring of full-scale solid 
waste facilities (whether or not constructed or operated under this 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2837 
Act) for purposes of obtaining information concerning the perform-
ance, and other aspects, of such facilities. Where the Administrator 
provides only monitoring and evaluation instruments or personnel 
(or both) or funds for such instruments or pereonnel and provides 
no other financial assistance to a facility, notwithstanding section 
8001(c) (3), title to any invention made or conceived of in the course 
of developing, constructing, or operating such facility shall not be 
required to vest in the United States and patents respecting such 
invention shall not be required to be issued to the United States. 
"(d) PROHiBrnoN.—After the date of enactment of this section, 
the Administrator shall not construct or operate any full-scale facility 
(fexcept by contract with public agencies or authorities or private 
persons). 
"SPECIAL STUDY AND DEMONSTATION PROJECTS ON RECOVERY OF USEFUL 
ENERGY AND MATERIALS 
"SEC. 8005. (a) STUDIES.—The Administrator shall conduct studies ^2 USC 6985. 
and develop recommendations for administrative or legislative action 
on— 
"(l)means of recovering materials and energy from solid 
waste, recommended uses of such materials and energy for 
national or international welfare, including identification o.f 
potential markets for such recovered resources, the impact of 
distribution of such resources on existing markets, and potentials 
for energy conservation through resource conservation and 
resource recovery; 
"(2) actions to reduce waste generation which have been taken 
voluntarily or in response to governmental action, and those 
which practically could be taken in the future, and the economic, 
social, and environmental consequences of such actions; 
"(3) methods of collection, separation, and containerization 
which will encourage efficient utilization of facilities and con-
tribute to more effective pi-ograms of reduction, reuse, or disposal 
of wastes; 
" (4) the use of Federal procurement to develop market demand 
for recovered resources; 
"(5) recommended incentives (including Federal grants, loans, 
and other assistance) and disincentives to accelerate the reclama-
tion or recycling of materials from solid wastes, with special 
emphasis on motor vehicle hulks; 
"(6) the effect of existing public policies, including subsidies 
and economic incentives and disincentives, percentage depletion 
allowances, capital gains treatment and other tax incentives and 
disincentives, upon the recycling and reuse of materials, and 
the likely effect of the modification or elimination o,f such incen-
tives ana disincentives upon the reuse, recycling and conservation 
of such materials; 
"(7) the necessity and method of imposing disposal or other 
charges on packaging, containers, vehicles, and other manufac-
tured goods, which charges would reflect the cost of final disposal, 
the value of recoverable components of the item, and any social 
costs associated with nonrecycling or uncontrolled disposal of 
such items; and 
90 STAT. 2838 
PUBLIC LAW 94-580—OCT. 21, 1976 
"(8) the lesal constraints and institutional barriers to the 
acquisition of land needed for solid waste management, including 
land for facilities and disposal sites; 
"(9) in consultation with the Secretary of A^ricultui-e, agri-
cultural waste management problems and practices, the extent 
of reuse and recovery of resources in such wasteSj the prospects 
for improvement, Federal, State, and local regulations governing 
such practices, and the economic, social, and environmental con-
sequences of such practices; and 
"(10) in consultation with the Secretary of the Interior, mining 
waste management problems, and practices, including an assess-
ment of existing authorities, technologies, and economics, and the 
environmental and public health consequences o.f such practices. 
"(b) DEMONSTRATioiir.—The Administrator is also authorized to 
cany out demonstration projects to test and demonstrate methods and 
techniques developed pursuant to subsection (a). 
"(c) APPLICATION OF OTHER SECTIONS.—Section 8001 (b) and, (c) 
shall be applicable to investigations, studies, and projects carried out 
under this section. 
"GRANTS FOR RESOURCE RECOVERY SYSTEMS AND IMPROVED SOLID 
WASTE DISPOSAL FACILITIES 
42 use 6986. 
"SEC. 8006. (a) AUTHORITY.—The Administrator is authorized to 
make grants pursuant to this section to any State, municipal, or inter-
state or intermunicipal agency for the demonstration of resource recov-
ery systems or for the construction of new or improved solid waste 
disposal facilities. 
"(b) CONDITIONS.—(1) Any grant under this section for the dem-
onstration of a resource recovery system may be made only if it (A) 
is consistent with any plans which meet the requirements of subtitle 
D of this Act; (B) is consistent with the guidelines recommended 
pursuant to section 1008 of this Act; (C) is designed to provide area-
wide i-esource 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 con-
struction, operation, and maintenance of any resource recovery system 
among the users of such system. 
"(2) The Federal share for any project to which paragraph (1) 
applies shall not be more than 75 percent. 
"(c) LIMITATIONS.—(1) A grant under this section for the construc-
tion of a new or improved solid waste disposal facility may be made 
only if— 
"(A) a State or interstate plan for solid waste disposal has 
been adopted which applies to the area involved, and the facility 
to be constructed (i) is consistent with such plan, (ii) is included 
in a comprehensive plan for the area involved which is satisfactory 
to the Administrator for the purposes of this Act, and (iii) is 
consistent with the guidelines recommended under section 1008, 
and 
"(B) the project advances the state of the art by applying new 
and improved techniques in reducing the environmental impact 
of solid waste disposal, in achieving recovery of energy or 
resources, or in recycling useful materials. 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2839 
"(2) The Federal share for any project to which paragraph (1) 
applies diall be not more than 50 percent in the case of a project serv-
ing an area which includes only one municipality, and not more than 
75 percent in any other case. 
'^(d) REGULATIONS.—(1) The Administrator shall promulgate reg- Regulations, 
ulations establishing a procedure for awarding grants under this sec-
tion which— 
"(A) provides that projects will be carried out in communities 
of varying sizes, under such conditions as will assist in solving the 
community waste problems of urban-industrial centers, metro-
politan regions, and rural areas, under representative geographic 
and environmental conditions; and 
"(B) provides deadlines for submission of, and action on, grant 
requests. 
(2) In taking action on applications for grants under this section, 
consideration shall be given by the Administrator (A) to the public 
benefits to be derived by the construction and the propriety of Federal 
aid in making such grant; (B) to the extent applicable, to the eco-
nomic and commercial viability of the project (including contractual 
arrangements with the private sector to market any resources recov-
ered) ; (C) to the potential of such project for general application 
to community solid waste disposal problems; and (D) to the use by 
the applicant of comprehensive regional or metropohtan area plan-
ning. 
" (e) ADDmoNAL LIMITATIONS.—^A grant under this section— 
"(1) may be made only in the amount of the Federal share of 
(A) the estimated total design and construction costs, plus (B) 
in the case of a grant to which subsection (b) (1) applies, the 
first-year operation and maintenance costs; 
"(2) may not be provided for land acquisition or (except as 
otherwise provided in paragraph (1) (B)) for operating or main-
tenance costs; 
"(3) may not be made until the applicant has made provision 
satisfactory to the Administrator for proper and efficient opera-
tion and maintenance of the project (subject to paragraph (1) 
(B)); and 
"(4) may be made subject to such conditions and requirements, 
in addition to those provided in this section, as the Administrator 
may require to properly carry out his functions pursuant to this 
Act. 
For purposes of paragraph (1), the non-Federal share may be in any 
form, including, out 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) SINGLE STATE.—(1) Not more than 15 percent of the total of 
funds authorized to be appropriated for any fiscal year to carry out 
this section shall be granted under this section for projects in any one 
State. 
"(2) The Administrator shall prescribe by regulation the manner Regulation, 
in which this subection shall apply to a grant under this section for 
a project in an area which includes all or part of more than one State. 
"AUTHORIZATION OP APPROPRIATIONS 
"SEC. 8007. There are authorized to be appropriated not to exceed 42 USC 6987. 
$35,000,000 for the fiscal year 1978 to carry out the purposes of this 
subtitle (except for section 8002).". 
90 STAT. 2840 
PUBLIC LAW 94-580—OCT. 21, 1976 
Study. 
42 use 6981 
note. 
Report to 
congressional 
committees. 
Llangollen 
UndfiU, Del., 
leachate control 
research 
program. 
42 u s e 6981 
note. 
eooperation with 
EPA. 
42 u s e 6901 
note. 
SOLID WASTE CLEANUP ON FEDERAL LANDS I N ALASKA 
SEC. 3. (a) The President shall direct such executive departments 
or agencies as he may deem appropriate to conduct a studv, in con-
sultation with representatives of the State of Alaska and tne appro-
priate Native organizations, to determine the best overall procedures 
for removing existing solid waste on Federal lands in Alaska. Such 
study shall include, out shall not be limited to, a consideration of— 
(1) alternative procedures for removing the solid waste in an 
environmentally safe manner, and 
(2) the estimated costs of removing the solid waste. 
(b) The President shall submit a report of the results together with 
apj)ropriate supportini^ data and such recommendations as he deems 
desirable to the Committee on Public Works of the Senate and to the 
Committee on Interstate and Foreign Commerce of the House of Rep-
resentatives not later than one year after the enactment of the Solid 
Waste Utilization Act of 1976. The President shall also submit, within 
six months after the study has been submitted to the committees, rec-
ommended administrative actions, procedures, and needed legislation 
to implement such procedures and the recommendations of the study. 
SEC. 4. (a) In order to demonstrate effective means of dealing with 
contamination of public water supplies by leachate from abandoned or 
other landfills, the Administrator of the Environmental Protection 
Agency is authorized to provide technical and financial assistance for 
a research program to control leachate from the Llangollen Landfill in 
New Castle County Delaware. 
(b) The research program authorized by this section shall be 
designed by the New Castle County area 
wide waste treatment manage-
ment program, in cooperation with the Enviroimiental Protection 
Agency, to develop methods for controlling leachate contamination 
from abandoned and other landfills that may be applied at the Llan-
gollen Landfill and at other landfills throughout the Nation. Such 
research program shall investigate all alternative solutions or cor-
rective actions, including— 
(1) hydrogeologic isolation of the landfill combined with the 
collection and treatment of leachate; 
(2) excavation of the refuse, followed by some type of 
incineration; 
(3) excavation and transportation of the refuse to another land-
fill; and 
(4) collection and treatment of contaminated leachate or ground 
water. 
Such research program shall consider the economic, social, and envi-
ronmental consequences of each such alternative. 
(c) The Admmistrator of the Environmental Protection Agency 
shall make available personnel of the Agency, including those of the 
Solid and Hazardous Waste Research Laboratory (Cincinnati, Ohio), 
and shall arrange for other Federal personnel to be made available, 
to provide technical assistance and aid in such research. The Adminis-
trator may provide up to $250,000, of the sums appropriated under 
the Solid Waste Disposal Act, to the New Castle County areawide 
waste treatment management program to conduct such research, 
including obtaining consultant services. 
PUBLIC LAW 94-580—OCT. 21, 1976 
90 STAT. 2841 
(d) In order to prevent further damage to public water supplies Counter-pumping 
during the period of this study, the Administrator of the Environ- program 
mental Protection Agency shall provide up to $200,000 in each of fiscal 
years 1977 and 1978, of the sums appropriated under the Solid Waste 
Disposal Act for the operating costs of a coiniter-pumping program 42 USC 6901 
to contain the leachate from the Llangollen Landfill. 
"
*
*
*
*
• 
Approved October 21, 1976. 
LEGISLATIVE HISTORY; 
HOUSE REPORT No. 94-1491 accompanying H.R. 14496 (Comm. on Interstate and 
Foreign G)mmerce). 
SENATE REPORT No. 94-869 (Comm. on Public Works). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
June 30, considered and passed Senate. 
Sept. 27, considered and passed House, amended, in lieu of H.R. 14496. 
Sept. 30, Senate concurred in House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 12, No. 43: 
Oct. 22, Presidential statement.