42 U.S.C. § 6964 — Applicability of solid waste disposal

Page 6998 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6963 agencies act within 1 year from publication of applica- ble guidelines under subsec. (e) of this section for provi- sion that in drafting or revising specifications after Oct. 21, 1976, any exclusion of recovered materials be eliminated and specifications not require the item to be manufactured from virgin materials. Subsec. (e). Pub. L. 96–482, § 22(6), designated provi- sion relating to requirements of guidelines as cl. (2) and subpars. (A) and (C), added cl. (1), subpars. (B) and (C), and provision preceding subpar. (A), and struck out provision requiring information on source of supply. 1978—Subsec. (c). Pub. L. 95–609, § 7(n)(1), (2), redesig- nated subpar. (1)(A) as par. (1), subpars. (1)(B) and (C) as pars. (2) and (3), respectively, and cls. (i) to (iii) of former subpar. (1)(A) as subpars. (A) to (C), respec- tively, of par. (1), and in par. (3), as so redesignated, in- serted ‘‘After the date specified in any applicable guidelines prepared pursuant to subsection (e) of this section,’’ before ‘‘contracting’’. Subsec. (e). Pub. L. 95–609, § 7(n)(3), inserted provision dealing with certification by vendors of the materials used. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Director of the Government Publishing Office’’ sub- stituted for ‘‘Public Printer’’ in subsec. (e) on author- ity of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Docu- ments. EFFECTIVE DATE OF 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces. 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. § 6963. Cooperation with Environmental Protec- tion Agency (a) General rule All Federal agencies shall assist the Adminis- trator in carrying out his functions under this chapter and shall promptly make available all requested information concerning past or present Agency waste management practices and past or present Agency owned, leased, or op- erated solid or hazardous waste facilities. This information shall be provided in such format as may be determined by the Administrator. (b) Information relating to energy and materials conservation and recovery The Administrator shall collect, maintain, and disseminate information concerning the market potential of energy and materials recov- ered from solid waste, including materials ob- tained through source separation, and informa- tion concerning the savings potential of con- serving resources contributing to the waste stream. The Administrator shall identify the re- gions in which the increased substitution of such energy for energy derived from fossil fuels and other sources is most likely to be feasible, and provide information on the technical and economic aspects of developing integrated re- source conservation or recovery systems which provide for the recovery of source-separated ma- terials to be recycled or the conservation of re- sources. The Administrator shall utilize the au- thorities of subsection (a) in carrying out this subsection. (Pub. L. 89–272, title II, § 6003, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2823; amended Pub. L. 96–482, § 32(g), Oct. 21, 1980, 94 Stat. 2355.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–482 designated existing provision as subsec. (a), substituted provision that information be provided in a format determined by the Administrator for provision that information be furnished on a reim- bursable basis, and added subsec. (b). 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. § 6964. Applicability of solid waste disposal guidelines to Executive agencies (a) Compliance (1) If— (A) an Executive agency (as defined in sec- tion 105 of title 5) or any unit of the legislative branch of the Federal Government has juris- diction over any real property or facility the operation or administration of which involves such agency in solid waste management ac- tivities, or (B) such an agency enters into a contract with any person for the operation by such per- son of any Federal property or facility, and the performance of such contract involves such person in solid waste management activi- ties, then such agency shall insure compliance with the guidelines recommended under section 6907 of this title and the purposes of this chapter in the operation or administration of such prop- erty or facility, or the performance of such con- tract, as the case may be. (2) Each Executive agency or any unit of the legislative branch of the Federal Government 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 chapter in conducting such activity. (3) Each Executive agency which permits the use of Federal property for purposes of disposal Page 6999 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6966 of solid waste shall insure compliance with such guidelines and the purposes of this chapter in the disposal of such waste. (4) The President or the Committee on House Oversight of the House of Representatives and the Committee on Rules and Administration of the Senate with regard to any unit of the legis- lative branch of the Federal Government shall prescribe regulations to carry out this sub- section. (b) Licenses and permits Each Executive agency which issues any li- cense or permit for disposal of solid waste shall, prior to the issuance of such license or permit, consult with the Administrator to insure com- pliance with guidelines recommended under sec- tion 6907 of this title and the purposes of this chapter. (Pub. L. 89–272, title II, § 6004, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2823; amended Pub. L. 95–609, § 7(o), Nov. 8, 1978, 92 Stat. 3083; Pub. L. 96–482, § 23, Oct. 21, 1980, 94 Stat. 2347; Pub. L. 104–186, title II, § 222(2), Aug. 20, 1996, 110 Stat. 1751.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 3254e of this title, prior to the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580. AMENDMENTS 1996—Subsec. (a)(4). Pub. L. 104–186 substituted ‘‘House Oversight’’ for ‘‘House Administration’’. 1980—Subsec. (a)(1)(A). Pub. L. 96–482, § 23(1), inserted reference to any unit of the legislative branch of the Federal Government. Subsec. (a)(2). Pub. L. 96–482, § 23(2), required any unit of the legislative branch of the Federal Government to insure compliance with solid waste disposal guidelines. Subsec. (a)(4). Pub. L. 96–482, § 23(3), required House Committee on House Administration and Senate Com- mittee on Rules and Administration with regard to any unit of the legislative branch of the Federal Govern- ment to prescribe implementing regulations. 1978—Subsec. (a)(1). Pub. L. 95–609, § 7(o)(1), (2), sub- stituted ‘‘management’’ for ‘‘disposal’’ in two places. Subsec. (b). Pub. L. 95–609, § 7(o)(3), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on House Oversight of House of Rep- resentatives changed to Committee on House Adminis- tration of House of Representatives by House Resolu- tion No. 5, One Hundred Sixth Congress, Jan. 6, 1999. 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. § 6965. Chief Financial Officer report The Chief Financial Officer of each affected agency shall submit to Congress an annual re- port containing, to the extent practicable, a de- tailed description of the compliance activities undertaken by the agency for mixed waste streams, and an accounting of the fines and pen- alties imposed on the agency for violations in- volving mixed waste. (Pub. L. 102–386, title I, § 110, Oct. 6, 1992, 106 Stat. 1516.) Editorial Notes CODIFICATION Section was enacted as part of the Federal Facility Compliance Act of 1992, and not as part of the Solid Waste Disposal Act which comprises this chapter. § 6966. Increased use of recovered mineral com- ponent in federally funded projects involving procurement of cement or concrete (a) Definitions In this section: (1) Agency head The term ‘‘agency head’’ means— (A) the Secretary of Transportation; and (B) the head of any other Federal agency that, on a regular basis, procures, or pro- vides Federal funds to pay or assist in pay- ing the cost of procuring, material for ce- ment or concrete projects. (2) Cement or concrete project The term ‘‘cement or concrete project’’ means a project for the construction or main- tenance of a highway or other transportation facility or a Federal, State, or local govern- ment building or other public facility that— (A) involves the procurement of cement or concrete; and (B) is carried out, in whole or in part, using Federal funds. (3) Recovered mineral component The term ‘‘recovered mineral component’’ means— (A) ground granulated blast furnace slag, excluding lead slag; (B) coal combustion fly ash; and (C) any other waste material or byproduct recovered or diverted from solid waste that the Administrator, in consultation with an agency head, determines should be treated as recovered mineral component under this section for use in cement or concrete projects paid for, in whole or in part, by the agency head. (b) Implementation of requirements (1) In general Not later than 1 year after August 8, 2005, the Administrator and each agency head shall take such actions as are necessary to imple- ment fully all procurement requirements and incentives in effect as of August 8, 2005 (in- cluding guidelines under section 6962 of this title) that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete projects. (2) Priority In carrying out paragraph (1), an agency head shall give priority to achieving greater