42 U.S.C. § 6979b — Law enforcement authority

Page 7011 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6979b Pub. L. 105–362, title V, § 501(f), Nov. 10, 1998, 112 Stat. 3284.) Editorial Notes REFERENCES IN TEXT Section 3254a(b)(4) and (5) of this title, referred to in subsec. (b)(2), was in the original ‘‘section 207(b)(4) and (5)’’, meaning section 207(b)(4) and (5) of the Solid Waste Disposal Act, which was omitted in the general revision of the Solid Waste Disposal Act by Pub. L. 94–580 on Oct. 21, 1976. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3254d of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580. AMENDMENTS 1998—Subsec. (c). Pub. L. 105–362 struck out heading and text of subsec. (c) which related to Administrator’s study and report on State and local training needs and obstacles to employment and occupational advance- ment in solid waste management and resource recovery field. 1978—Subsec. (b)(1). Pub. L. 95–609, § 7(r)(1), (2), sub- stituted ‘‘management’’ for ‘‘disposal’’ in two places, and ‘‘resource’’ for ‘‘resources’’. Subsec. (c)(3). Pub. L. 95–609, § 7(r)(3), substituted ‘‘management’’ for ‘‘disposal’’. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title. § 6978. Payments (a) General rule Payments of grants under this chapter may be made (after necessary adjustment on account of previously made underpayments or overpay- ments) in advance or by way of reimbursement, and in such installments and on such conditions as the Administrator may determine. (b) Prohibition No grant may be made under this chapter to any private profitmaking organization. (Pub. L. 89–272, title II, § 7008, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2828.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3258 of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain enforcement functions of Ad- ministrator or other official of Environmental Protec- tion Agency under this chapter to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, and subsequent transfer to Secretary of Energy, then to Federal Coordinator for Alaska Natural Gas Transportation Projects, see note set out under section 6903 of this title. § 6979. Labor standards No grant for a project of construction under this chapter shall be made unless the Adminis- trator finds that the application contains or is supported by reasonable assurance that all la- borers and mechanics employed by contractors or subcontractors on projects of the type cov- ered by sections 3141–3144, 3146, and 3147 of title 40, will be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in ac- cordance with those sections; and the Secretary of Labor shall have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section 3145 of title 40. (Pub. L. 89–272, title II, § 7009, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2828; amended Pub. L. 96–482, § 28, Oct. 21, 1980, 94 Stat. 2349.) Editorial Notes REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Govern- ment Organization and Employees. CODIFICATION In text, ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ substituted for ‘‘the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)’’, ‘‘those sections’’ substituted for ‘‘that Act’’, and ‘‘section 3145 of title 40’’ substituted for ‘‘section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)’’, on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3256 of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580. AMENDMENTS 1980—Pub. L. 96–482 substituted ‘‘Administrator’’ for ‘‘Secretary’’. § 6979a. Transferred Editorial Notes CODIFICATION Section, Pub. L. 89–272, title II, § 7010, as added Pub. L. 98–616, title IV, § 405(a), Nov. 8, 1984, 98 Stat. 3273; Pub. L. 99–339, title II, § 201(c)(1), June 19, 1986, 100 Stat. 654, relating to interim control of hazardous waste in- jection, was renumbered section 3020 of Pub. L. 89–272 by Pub. L. 99–339, title II, § 201(c)(2), June 19, 1986, 100 Stat. 654, and transferred to section 6939b of this title. § 6979b. Law enforcement authority The Attorney General of the United States shall, at the request of the Administrator and on the basis of a showing of need, deputize qualified employees of the Environmental Protection Agency to serve as special deputy United States Page 7012 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6981 marshals in criminal investigations with respect to violations of the criminal provisions of this chapter. (Pub. L. 89–272, title II, § 7010, formerly § 7012, as added Pub. L. 98–616, title IV, § 403(b)(1), Nov. 8, 1984, 98 Stat. 3272; renumbered § 7010, Pub. L. 99–339, title II, § 201(c)(2), June 19, 1986, 100 Stat. 654.) Editorial Notes PRIOR PROVISIONS A prior section 7010 of Pub. L. 89–272, which was clas- sified to section 6979a of this title, was renumbered sec- tion 3020 and transferred to section 6939b of this title. SUBCHAPTER VIII—RESEARCH, DEVELOP- MENT, DEMONSTRATION, AND INFORMA- TION § 6981. Research, demonstration, training, and other activities (a) General authority The Administrator, alone or after consulta- tion with the Secretary of Energy, shall con- duct, 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 individ- uals in the conduct of, and promote the coordi- nation of, research, investigations, experiments, training, demonstrations, surveys, public edu- cation 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 elimi- nate such effects; (2) the operation and financing of solid waste management programs; (3) the planning, implementation, and oper- ation of resource recovery and resource con- servation systems and hazardous waste man- agement systems, including the marketing of recovered resources; (4) the production of usable forms of recov- ered resources, including fuel, from solid waste; (5) the reduction of the amount of such waste and unsalvageable waste materials; (6) the development and application of new and improved methods of collecting and dis- posing of solid waste and processing and recov- ering materials and energy from solid wastes; (7) the identification of solid waste compo- nents and potential materials and energy re- coverable from such waste components; (8) small scale and low technology solid waste management systems, including but not limited to, resource recovery source separa- tion systems; (9) methods to improve the performance characteristics of resources recovered from solid waste and the relationship of such per- formance characteristics to available and po- tentially 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 re- covery of resources, including energy, from, sludge (including sludge from pollution con- trol and treatment facilities, coal slurry pipe- lines, and other sources); (12) methods of hazardous waste manage- ment, including methods of rendering such waste environmentally safe; and (13) any adverse effects on air quality (par- ticularly with 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 treatment, disposal or energy recovery. (b) Management program (1)(A) In carrying out his functions pursuant to this chapter, and any other Federal legisla- tion respecting solid waste or discarded material research, development, and demonstrations, the Administrator shall establish a management program or system to insure the coordination of all such activities and to facilitate and accel- erate the process of development of sound new technology (or other discoveries) from the re- search phase, through development, and into the demonstration phase. (B) The Administrator shall (i) assist, on the basis of any research projects which are devel- oped with assistance under this chapter or with- out 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 tech- nology 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 ad- vances to different circumstances and condi- tions, for the purpose of evaluating design con- cepts or to test the performance, efficiency, and economic feasibility of a particular method or technology under actual operating conditions. Each such demonstration shall be so planned and designed that, if successful, it can be ex- panded or utilized directly as a full-scale oper- ational fuel, energy, or resource recovery or re- source conservation facility. (2) Any energy-related research, development, or demonstration project for the conversion in- cluding bioconversion, of solid waste carried out by the Environmental Protection Agency or by the Secretary of Energy pursuant to this chap- ter or any other Act shall be administered in ac- cordance with the May 7, 1976, Interagency Agreement between the Environmental Protec- tion Agency and the Energy Research and Devel- opment Administration on the Development of Energy from Solid Wastes and specifically, that in accordance with this agreement, (A) for those