42 U.S.C. § 6986 — Grants for resource recovery systems and

Page 7020 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6985 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. § 6985. Special study and demonstration projects on recovery of useful energy and materials (a) Studies The Administrator shall conduct studies and develop recommendations for administrative or legislative action on— (1) means of recovering materials and energy from solid waste, recommended uses of such materials and energy for national or inter- national welfare, including identification of potential markets for such recovered re- sources, the impact of distribution of such re- sources on existing markets, and potentials for energy conservation through resource con- servation and resource recovery; (2) actions to reduce waste generation which have been taken voluntarily or in response to governmental action, and those which prac- tically could be taken in the future, and the economic, social, and environmental con- sequences of such actions; (3) methods of collection, separation, and containerization which will encourage effi- cient utilization of facilities and contribute to more effective programs of reduction, reuse, or disposal of wastes; (4) the use of Federal procurement to de- velop market demand for recovered resources; (5) recommended incentives (including Fed- eral grants, loans, and other assistance) and disincentives to accelerate the reclamation or recycling of materials from solid wastes, with special emphasis on motor vehicle hulks; (6) the effect of existing public policies, in- cluding subsidies and economic incentives and disincentives, percentage depletion allow- ances, capital gains treatment and other tax incentives and disincentives, upon the recy- cling and reuse of materials, and the likely ef- fect of the modification or elimination of such incentives and disincentives upon the reuse, recycling and conservation of such materials; (7) the necessity and method of imposing dis- posal or other charges on packaging, con- tainers, vehicles, and other manufactured goods, which charges would reflect the cost of final disposal, the value of recoverable compo- nents of the item, and any social costs associ- ated with nonrecycling or uncontrolled dis- posal of such items; and (8) the legal constraints and institutional barriers to the acquisition of land needed for solid waste management, including land for fa- cilities and disposal sites; (9) in consultation with the Secretary of Ag- riculture, agricultural waste management problems and practices, the extent of reuse and recovery of resources in such wastes, the prospects for improvement, Federal, State, and local regulations governing such prac- tices, and the economic, social, and environ- mental consequences of such practices; and (10) in consultation with the Secretary of the Interior, mining waste management prob- lems, and practices, including an assessment of existing authorities, technologies, and eco- nomics, and the environmental and public health consequences of such practices. (b) Demonstration The Administrator is also authorized to carry out demonstration projects to test and dem- onstrate methods and techniques developed pur- suant to subsection (a). (c) Application of other sections Section 6981(b) and (c) of this title shall be ap- plicable to investigations, studies, and projects carried out under this section. (Pub. L. 89–272, title II, § 8005, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2837.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3253a 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. § 6986. Grants for resource recovery systems and improved solid waste disposal facilities (a) Authority The Administrator is authorized to make grants pursuant to this section to any State, municipal, or interstate or intermunicipal agen- cy for the demonstration of resource recovery systems or for the construction of new or im- proved 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 subchapter IV of this chapter; (B) is consistent with the guide- lines recommended pursuant to section 6907 of this title; (C) is designed to provide area-wide resource recovery systems consistent with the purposes of this chapter, as determined by the Administrator, pursuant to regulations promul- gated under subsection (d) of this section; and (D) provides an equitable system for distributing the costs associated with construction, oper- ation, 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. Page 7021 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6991 (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 con- structed (i) is consistent with such plan, (ii) is included in a comprehensive plan for the area involved which is satisfactory to the Adminis- trator for the purposes of this chapter, and (iii) is consistent with the guidelines rec- ommended under section 6907 of this title, 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 en- ergy or resources, or in recycling useful mate- rials. (2) The Federal share for any project to which paragraph (1) applies shall be not more than 50 percent in the case of a project serving an area which includes only one municipality, and not more than 75 percent in any other case. (d) Regulations (1) The Administrator shall promulgate regu- lations establishing a procedure for awarding grants under this section which— (A) provides that projects will be carried out in communities of varying sizes, under such conditions as will assist in solving the commu- nity waste problems of urban-industrial cen- ters, metropolitan regions, and rural areas, under representative geographic and environ- mental 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 pro- priety of Federal aid in making such grant; (B) to the extent applicable, to the economic and commercial viability of the project (including contractual arrangements with the private sec- tor to market any resources recovered); (C) to the potential of such project for general applica- tion to community solid waste disposal prob- lems; and (D) to the use by the applicant of com- prehensive regional or metropolitan area plan- ning. (e) Additional 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 maintenance costs; (3) may not be made until the applicant has made provision satisfactory to the Adminis- trator for proper and efficient operation and maintenance of the project (subject to para- graph (1)(B)); and (4) may be made subject to such conditions and requirements, in addition to those pro- vided in this section, as the Administrator may require to properly carry out his func- tions pursuant to this chapter. For purposes of paragraph (1), the non-Federal share may be in any form, including, but 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 Ad- ministrator. (f) Single State (1) Not more than 15 percent of the total of funds authorized to be appropriated for any fis- cal year to carry out this section shall be grant- ed under this section for projects in any one State. (2) The Administrator shall prescribe by regu- lation the manner in which this subsection shall apply to a grant under this section for a project in an area which includes all or part of more than one State. (Pub. L. 89–272, title II, § 8006, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2838.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3254b 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. § 6987. Authorization of appropriations There are authorized to be appropriated not to exceed $35,000,000 for the fiscal year 1978 to carry out the purposes of this subchapter (except for section 6982 of this title). (Pub. L. 89–272, title II, § 8007, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2839.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3259 of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580. SUBCHAPTER IX—REGULATION OF UNDERGROUND STORAGE TANKS § 6991. Definitions and exemptions In this subchapter: (1) INDIAN TRIBE.— (A) IN GENERAL.—The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, or other organized group or community that is recognized as being eligible for special pro- grams and services provided by the United