42 U.S.C. § 6942 — Federal guidelines for plans

Page 6979 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6942 transported to a designated facility, requires that the waste be tracked through a hazardous waste manifest, the designated facility that re- ceives the waste shall, regardless of the State in which the facility is located— (1) complete the facility portion of the appli- cable manifest; (2) sign and date the facility certification; and (3) submit to the system a final copy of the manifest for data processing purposes. (i) Authorization for start-up activities There are authorized to be appropriated $2,000,000 for each of fiscal years 2013 through 2015 for start-up activities to carry out this sec- tion, to be offset by collection of user fees under subsection (c) such that all such appropriated funds are offset by fees as provided in subsection (c). (Pub. L. 89–272, title II, § 3024, as added Pub. L. 112–195, § 2(a), Oct. 5, 2012, 126 Stat. 1452.) Editorial Notes REFERENCES IN TEXT The Chief Financial Officers Act of 1990, referred to in subsec. (d)(3)(A)(i)(I), is Pub. L. 101–576, Nov. 15, 1990, 104 Stat. 2838. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 501 of Title 31, Money and Finance, and Tables. The Government Management Reform Act of 1994, re- ferred to in (d)(3)(A)(i)(II), is Pub. L. 103–356, Oct. 13, 1994, 108 Stat. 3410. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 3301 of Title 31, Money and Finance, and Tables. SUBCHAPTER IV—STATE OR REGIONAL SOLID WASTE PLANS § 6941. Objectives of subchapter The objectives of this subchapter are to assist in developing and encouraging methods for the disposal of solid waste which are environ- mentally sound and which maximize the utiliza- tion of valuable resources including energy and materials which are recoverable from solid waste 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 de- signed to foster cooperation among Federal, State, and local governments and private indus- try. In developing such comprehensive plans, it is the intention of this chapter that in deter- mining the size of the waste-to-energy facility, adequate provision shall be given to the present and reasonably anticipated future needs, includ- ing those needs created by thorough implemen- tation of section 6962(h) of this title, of the recy- cling and resource recovery interest within the area encompassed by the planning process. (Pub. L. 89–272, title II, § 4001, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2813; amended Pub. L. 96–482, § 32(b), Oct. 21, 1980, 94 Stat. 2353; Pub. L. 98–616, title III, § 301(a), title V, § 501(f)(1), Nov. 8, 1984, 98 Stat. 3267, 3276.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3254 of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580. AMENDMENTS 1984—Pub. L. 98–616, § 501(f)(1), inserted ‘‘, including those needs created by thorough implementation of section 6962(h) of this title,’’. Pub. L. 98–616, § 301(a), inserted at end ‘‘In developing such comprehensive plans, it is the intention of this chapter that in determining the size of the waste-to-en- ergy facility, adequate provision shall be given to the present and reasonably anticipated future needs of the recycling and resource recovery interest within the area encompassed by the planning process.’’ 1980—Pub. L. 96–482 included as an objective in the disposal of solid waste the utilization of energy and materials recoverable from solid waste. § 6941a. Energy and materials conservation and recovery; Congressional findings The Congress finds that— (1) significant savings could be realized by conserving materials in order to reduce the volume or quantity of material which ulti- mately becomes waste; (2) solid waste contains valuable energy and material resources which can be recovered and used thereby conserving increasingly scarce and expensive fossil fuels and virgin materials; (3) the recovery of energy and materials from municipal waste, and the conservation of energy and materials contributing to such waste streams, can have the effect of reducing the volume of the municipal waste stream and the burden of disposing of increasing volumes of solid waste; (4) the technology to conserve resources ex- ists and is commercially feasible to apply; (5) the technology to recover energy and ma- terials from solid waste is of demonstrated commercial feasibility; and (6) various communities throughout the na- tion have different needs and different poten- tials for conserving resources and for utilizing techniques for the recovery of energy and ma- terials from waste, and Federal assistance in planning and implementing such energy and materials conservation and recovery programs should be available to all such communities on an equitable basis in relation to their needs and potential. (Pub. L. 96–482, § 32(a), Oct. 21, 1980, 94 Stat. 2353.) Editorial Notes CODIFICATION Section was enacted as part of the Solid Waste Dis- posal Act Amendments of 1980, and not as part of the Solid Waste Disposal Act which comprises this chapter. § 6942. Federal guidelines for plans (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 October 21, 1976, and after consultation with appropriate Page 6980 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6943 Federal, State, and local authorities, shall by regulation publish guidelines for the identifica- tion of those areas which have common solid waste management problems and are appro- priate units for planning regional solid waste management services. Such guidelines shall con- sider— (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 re- gional 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 after October 21, 1976, and after notice and hearing, the Ad- ministrator shall, after consultation with appro- priate Federal, State, and local authorities, pro- mulgate regulations containing guidelines to as- sist in the development and implementation of State solid waste management plans (herein- after in this chapter referred to as ‘‘State plans’’). The guidelines shall contain methods for achieving the objectives specified in section 6941 of this title. Such guidelines shall be re- viewed from time to time, but not less fre- quently 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, hydro- logic, climatic, and other circumstances under which different solid waste practices are re- quired in order to insure the reasonable pro- tection of the quality of the ground and sur- face waters from leachate contamination, the reasonable protection of the quality of the surface waters from surface runoff contamina- tion, and the reasonable protection of ambient air quality; (2) characteristics and conditions of collec- tion, storage, processing, and disposal oper- ating methods, techniques and practices, and location of facilities where such operating methods, techniques, and practices are con- ducted, taking into account the nature of the material to be disposed; (3) methods for closing or upgrading open dumps for purposes of eliminating potential health hazards; (4) population density, distribution, and pro- jected growth; (5) geographic, geologic, climatic, and hydro- logic characteristics; (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 conservation systems which are ap- propriate; and (11) available new and additional markets for recovered material and energy and energy resources recovered from solid waste as well as methods for conserving such materials and en- ergy. (Pub. L. 89–272, title II, § 4002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2813; amended Pub. L. 96–482, § 32(c), Oct. 21, 1980, 94 Stat. 2353.) Editorial Notes AMENDMENTS 1980—Subsec. (c)(11). Pub. L. 96–482 required State plan guidelines to consider energy and energy resources recovered from solid waste as well as methods for con- serving such materials and energy. 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. § 6943. Requirements for approval of plans (a) Minimum requirements In order to be approved under section 6947 of this title, each State plan must comply with the following minimum requirements— (1) The plan shall identify (in accordance with section 6946(b) of this title) (A) the re- sponsibilities of State, local, and regional au- thorities in the implementation of the State plan, (B) the distribution 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 sec- tions 6944(b) and 6945(a) of this title, prohibit 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 recov- ery or (B) disposed of in sanitary landfills (within the meaning of section 6944(a) of this title) or otherwise disposed of in an environ- mentally sound manner. (3) The plan shall provide for the closing or upgrading of all existing open dumps within the State pursuant to the requirements of sec- tion 6945 of this title. (4) The plan shall provide for the establish- ment of such State regulatory powers as may be necessary to implement the plan. (5) The plan shall provide that no State or local government within the State shall be prohibited under State or local law from nego- tiating and entering into long-term contracts for the supply of solid waste to resource recov- ery facilities, from entering into long-term contracts for the operation of such facilities, or from securing long-term markets for mate- rial and energy recovered from such facilities or for conserving materials or energy by re- ducing the volume of waste. (6) The plan shall provide for such resource conservation or recovery and for the disposal