Sec. 11011. AUTHORIZATION OF APPROPRIATIONS

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## SEC. 11011 AUTHORIZATION OF APPROPRIATIONS There are authorized to be appropriated to the Administrator such sums as may be necessary for each of the fiscal years 1989 through 1991 for purposes of carrying out activities under this subtitle. **[**[42 U.S.C. 6992k](/us/usc/t42/s6992k)**]** NOTE The Solid Waste Disposal Act Amendments of 1980 (Public Law 96–482) contained the following provisions which did not amend the Solid Waste Disposal Act: energy and materials conservation and recovery Sec. 32. **[**[42 U.S.C. 6941a](/us/usc/t42/s6941a)**]**

(a)The Congress finds that—(1) significant savings could be realized by conserving materials in order to reduce the volume or quantity of material which ultimately 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 exists and is commercially feasible to apply;(5) the technology to recover energy and materials from solid waste is of demonstrated commercial feasibility; and(6) various communities throughout the nation have different needs and different potentials for conserving resources and for utilizing techniques for the recovery of energy and materials 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. * * * * * * * national advisory commission on resource conservation and recovery Sec. 33. **[**[42 U.S.C. 6981 note](/us/usc/t42/s6981)**]** (a)(1) There is hereby established in the executive branch of the United States the National Advisory Commission on Resource Conservation and Recovery, hereinafter in this section referred to as the “Commission”.(2) The Commission shall be composed of nine members to be appointed by the President. Such members shall be qualified by reason of their education, training, or experience to represent the view of consumer groups, industry associations, and environmental and other groups concerned with resource conservation and recovery and at least two shall be elected or appointed State or local officials. Members shall be appointed for the life of the Commission.(3) A vacancy in the Commission shall be filled in the manner in which the original appointment was made.(4) Five members of the Commission shall constitute a quorum for transacting business of the Commission except that a lesser number may hold hearings and conduct information-gathering meetings.(5) The Chairperson of the Commission shall be designated by the President from among the members.(6) Upon the expiration of the two-year period beginning on

(A)the date when all initial members of the Commission have been appointed or when

(B)the date when initial funds become available to carry out this section, whichever is later, the Commission shall transmit to the President, and to each House of the Congress, a final report containing a detailed statement of the findings and conclusions of the Commission, together with such recommendations as it deems advisable.(7) The Commission shall submit an interim report on February 15, 1982, and the Commission may also submit, for legislative and administrative actions relating to the Solid Waste Disposal Act, other interim reports prior to the submission of its final report.(8) The Commission shall cease to exist 30 days after submission of its final report.(b) The Commission shall—(1) after consultation with the appropriate Federal agencies, review budgetary priorities relating to resource conservation and recovery, determine to what extent program goals relating to resource conservation and recovery are being realized, and make recommendations concerning the appropriate program balance and priorities;(2) review any existing or proposed resource conservation and recovery guidelines or regulations;(3) determine the economic development or savings potential of resource conservation and recovery, including the availability of markets for recovered energy and materials, for economic materials savings through conservation, and make recommendations concerning the utilization of such potential;(4) identify, and make recommendations addressing, institutional obstacles impeding the development of resource conservation and resource recovery; and(5) evaluate the status of resource conservation and recovery technology and systems including both materials and energy recovery technologies, recycling methods, and other innovative methods for both conserving energy and materials extractable from solid waste.The review referred to in paragraph

(1)should include but not be limited to an assessment of the effectiveness of the technical assistance panels, the public participation program and other program activities under the Solid Waste Disposal Act.(c)(1) Members of the Commission while serving on business of the Commission, shall be compensated at a rate not to exceed the rate specified at the time of such service for grade GS–16 of the General Schedule for each day they are engaged in the actual performance of Commission duties, including travel time; and while so serving away from their homes or regular places of business, all members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently.(2) Subject to such rules as may be adopted by the Commission, the Chairperson, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, shall have the power to—(A) appoint a Director, who shall be paid at a rate not to exceed the rate of basic pay for level I, GS–16 of the General Schedule; and(B) appoint and fix the compensation of not more than 5 additional staff personnel.(3) This Commission is authorized to procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for grade GS–16 in section 5332 of such title. Experts and consultants may be employed without compensation if they agree to do so in advance.(4) Upon request of the Commission, the head of any Federal agency is authorized to detail on a reimbursable or nonreimbursable basis any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this section.(5) The Commission is exempt from the requirements of sections 4301 through 4308 of title 5, United States Code.(6) The Commission is authorized to enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties and responsibilities.(7) In order to expedite matters pertaining to the planning for, and work of, the Commission, the Commission is authorized to make purchases and contracts without regard to section 252 of title 41 of the United States Code, pertaining to advertising and competitive bidding, and may arrange for the printing of any material pertaining to the work of the Commission without regard to the Government Printing and Binding Regulations and any related laws or regulations.(8) The Commission may use the United States mail in the same manner and under the same conditions as other departments and agencies of the United States.(9) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties and functions. Upon request of the Chairperson, the head of any such Federal agency shall furnish such information to the Commission subject to applicable law.(10) Financial and administrative services (including those related to budget and accounting, financial reporting, personnel, and procurement) shall be provided to the Commission by the General Services Administration for which payment shall be made in advance, or by reimbursement, from funds of the Commission, in such amounts as may be agreed upon by the Chairperson of the Commission and the Administrator of General Services.(d) In carrying out its duties under this section the Commission, or any duly authorized committee thereof, is authorized to hold such hearings and take testimony, with respect to matters to which it has a responsibility under this section as the Commission may deem advisable. The Chairperson of the Commission or any member authorized by him may administer oaths or affirmations to witnesses appearing before the Commission or before any committee thereof.(e) From the amounts authorized to be appropriated under the Solid Waste Disposal Act for the fiscal years 1981 and 1982, not more than $1,000,000 may be used to carry out the provisions of this section. NOTE The Used Oil Recycling Act of 1980 (Public Law 96–463) contained the following provisions which did not amend the Solid Waste Disposal Act: Sec. 4. * * *(c) **[**[42 U.S.C. 6363 note](/us/usc/t42/s6363)**]** Before the effective date of the labeling standards required to be prescribed under section 383(d)(1)(A) of the Energy Policy and Conservation Act, no requirement of any rule or order of the Federal Trade Commission may apply, or remain applicable, to any container or recycled oil (as defined in section 383(b) of such Act) if such requirement provides that the container must bear any label referring to the fact that it has been derived from previously used oil. Nothing in this subsection shall be construed to affect any labeling requirement applicable to recycled oil under any authority of law to the extent such requirement relates to fitness for intended use or any other performance characteristic of such oil or to any characteristic of such oil other than that referred to in the preceding sentence. * * * * * * * study Sec. 9. The Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Energy, the Federal Trade Commission, and the Secretary of Commerce, shall conduct a study—(1) assessing the environmental problems associated with the improper disposal or reuse of oil;(2) addressing the collection cycle of used oil prior to recycling;(3) analyzing supply and demand in the used oil industry, including

(A)estimates of the future supply and quality of used oil feedstocks for purpose of refining and

(B)estimates of the future supply of virgin crude oil available for refining for purposes of producing lubricating oil;(4) comparing the energy savings associated with re-refining used oil and the energy savings associated with other uses of used oil; and(5) recommending Federal, State, and local policies to encourage methods for environmentally sound and economically feasible recycling of used oil. NOTE The Hazardous and Solid Waste Amendments of 1984 (Public Law 98–616) contained the following provisions which did not amend the Solid Waste Disposal Act: TITLE VII—OTHER PROVISIONS report to congress on injection of hazardous waste Sec. 701.

(a)The Administrator, in cooperation with the States, shall compile and, not later than six months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984, submit to the Committee on Environment and Public Works of the United States Senate and the Committee on Energy and Commerce of the United States House of Representatives, an inventory of all wells in the United States which inject hazardous wastes. The inventory shall include the following information:(1) the location and depth of each well;(2) engineering and construction details of each, including the thickness and composition of its casing, the width and content of the annulus, and pump pressure and capacity;(3) the hydrogeological characteristics of the overlying and underlying strata, as well as that into which the waste is injected;(4) the location and size of all drinking water aquifers penetrated by the well, or within a one-mile radius of the well or within two hundred feet below the well injection point;(5) the location, capacity, and population served by each well providing drinking or irrigation water which is within a five-mile radius of the injection well;(6) the nature and volume of the waste injected during the one-year period immediately preceding the date of the report;(7) the dates and nature of the inspections of the injection well conducted by independent third parties or agents of State, Federal, or local government;(8) the name and address of all owners and operators of the well and any disposal facility associated with it;(9) the identification of all wells at which enforcement actions have been initiated under this Act (by reason of well failure, operator error, ground water contamination or for other reasons) and an identification of the wastes involved in such enforcement actions; and(10) such other information as the Administrator may, in his discretion, deem necessary to define the scope and nature of hazardous waste disposal in the United States through underground injection.(b) In fulfilling the requirements of paragraphs

(3)through

(5)of subsection (a), the Administrator need only submit such information as can be obtained from currently existing State records and from site visits to at least twenty facilities containing wells which inject hazardous waste.(c) The States shall make available to the Administrator such information as he deems necessary to accomplish the objectives of this section. * * * * * * * uranium mill tailings Sec. 703. **[**[42 U.S.C. 6905 note](/us/usc/t42/s6905)**]** Nothing in the Hazardous and Solid Waste Amendments of 1984 shall be construed to affect, modify, or amend the Uranium Mill Tailings Radiation Control Act of 1978. national ground water commission Sec. 704.

(a)There is established a commission to be known as the National Ground Water Commission (hereinafter in this section referred to as the “Commission”).(b) The duties of the Commission are to:(1) Assess generally the amount, location, and quality of the Nation's ground water resources.(2) Identify generally the sources, extent, and types of ground water contamination.(3) Assess the scope and nature of the relationship between ground water contamination and ground water withdrawal and develop projections of available, usable ground water in future years on a nationwide basis.(4) Assess the relationship between surface water pollution and ground water pollution.(5) Assess the need for a policy to protect ground water from degradation caused by contamination.(6) Assess generally the extent of overdrafting of ground water resources, and the adequacy of existing mechanisms for preventing such overdrafting.(7) Assess generally the engineering and technological capability to recharge aquifers.(8) Assess the adequacy of the present understanding of ground water recharge zones and sole source aquifers and assess the adequacy of knowledge regarding the interrelationship of designated aquifers and recharge zones.(9) Assess the role of land-use patterns as these relate to protecting ground water from contamination.(10) Assess methods for remedial abatement of ground water contamination as well as the costs and benefits of cleaning up polluted ground water and compare cleanup costs to the costs of substitute water supply methods.(11) Investigate policies and actions taken by foreign governments to protect ground water from contamination.(12) Assess the use and effectiveness of existing interstate compacts to address ground water protection from contamination.(13) Analyze existing legal rights and remedies regarding contamination of ground water.(14) Assess the adequacy of existing standards for ground water quality under State and Federal law.(15) Assess monitoring methodologies of the States and the Federal Government to achieve the level of protection of the resource as required by State and Federal law.(16) Assess the relationship between ground water flow systems (and associated recharge areas) and the control of sources of contamination.(17) Assess the role of underground injection practices as a means of disposing of waste fluids while protecting ground water from contamination.(18) Assess methods for abatement and containment of ground water contamination and for aquifer restoration including the costs and benefits of alternatives to abatement and containment.(19) Assess State and Federal ground water law and mechanisms with which to manage the quality of the ground water resource.(20) Assess the adequacy of existing ground water research and determine future ground water research needs.(21) Assess the roles of State, local, and Federal Governments in managing ground water quality.(c)(1) The Commission shall be composed of nineteen members as follows:(A) six appointed by the Speaker of the United States House of Representatives from among the Members of the House of Representatives, two of whom shall be members of the Committee on Energy and Commerce, two of whom shall be members of the Committee on Public Works and Transportation, and two of whom shall be members of the Committee on Interior and Insular Affairs;(B) four appointed by the majority leader of the United States Senate from among the Members of the United States Senate;(C) eight appointed by the President as follows:(i) four from among a list of nominations submitted to the President by the National Governors Association, two of whom shall be representatives of ground water appropriation States and two of whom shall be representatives of ground water riparian States;(ii) one from among a list of nominations submitted to the President by the National League of Cities and the United States Conference of Mayors;(iii) one from among a list of nominations submitted to the President by the National Academy of Science;(iv) one from among a list of nominations submitted to the President by groups, organizations, or associations of industries the activities of which may affect ground water; and(v) one from among a list of nominations submitted to the President from groups, organizations, or associations of citizens which are representative of persons concerned with pollution and environmental issues and which have participated, at the State or Federal level, in studies, administrative proceedings, or litigation (or any combination thereof) relating to ground water; and(D) the Director of the Office of Technology Assessment.A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Appointments may be made under this subsection without regard to section 5311(b) of title 5, United States Code. Not more than three of the six members appointed under subparagraph

(A)and not more than two of the four members appointed under subparagraph

(B)may be of the same political party. No member appointed under paragraph

(C)may be an officer or employee of the Federal Government.(2) If any member of the Commission who was appointed to the Commission as a Member of the Congress leaves that office, or if any member of the Commission who was appointed from persons who are not officers or employees of any government becomes an officer or employee of a government, he may continue as a member of the Commission for not longer than the ninety-day period beginning on the date he leaves that office or becomes such an officer or employee, as the case may be.(3) Members shall be appointed for the life of the Commission.(4)(A) Except as provided in subparagraph (B), members of the Commission shall each be entitled (subject to appropriations provided in advance) to receive the daily equivalent of the maximum annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. While away from their homes or regular places of business in the performance of sevices for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittenly in Government service are allowed expenses under section 5703 of title 5 of the United States Code.(B) Members of the Commission who are Members of the Congress shall receive no additional pay, allowances, or benefits by reason of their service on the Commission.(5) Five members of the Commission shall constitute a quorum but two may hold hearings.(6) The Chairman of the Commission shall be appointed by the Speaker of the House of Representatives from among members appointed under paragraph (1)(A) of this subsection and the Vice Chairman of the Commission shall be appointed by the majority leader of the Senate from among members appointed under paragraph (1)(B) of this subsection. The Chairman and the Vice Chairman of the Commission shall serve for the life of the Commission unless they cease to be members of the Commission before the termination of the Commission.(7) The Commission shall meet at the call of the Chairman or a majority of its members.(d)(1) The Commission shall have a Director who shall be appointed by the Chairman, without regard to section 5311(b) of title 5, United States Code.(2) The Chairman may appoint and fix the pay of such additional personnel as the Chairman considers appropriate.(3) With the approval of the Commission, the Chairman may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code.(4) The Commission shall request, and the Chief of Engineers and the Director of the Geological Survey are each authorized to detail, on a reimbursable basis, any of the personnel of their respective agencies to the Commission to assist it in carrying out its duties under this section. Upon request of the Commission, the head of any other Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist it in carrying out its duties under this section.(e)(1) The Commission may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate.(2) Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section.(3) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.(4) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.(5) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.(f)(1) The Commission shall transmit to the President and to each House of the Congress a report not later than October 30, 1986. The report shall contain a detailed statement of the findings and conclusions of the Commission with respect to each item listed in subsection (b), together with its recommendations for such legislation; and administrative actions, as it considers appropriate.(2) Not later than one year after the enactment of the Hazardous and Solid Waste Amendments of 1984, the Commission shall complete a preliminary study concerning ground water contamination from hazardous and other solid waste and submit to the President and to the Congress a report containing the findings and conclusions of such preliminary study. The study shall be continued thereafter, and final findings and conclusions shall be incorporated as a separate chapter in the report required under paragraph (1). The preliminary study shall include an analysis of the extent of ground water contamination caused by hazardous and other solid waste, the regions and major water supplies most significantly affected by such contamination, and any recommendations of the Commission for preventive or remedial measures to protect human health and the environment from the effects of such contamination.(g) The Commission shall cease to exist on January 1, 1987.(h) Nothing in this section and no recommendation of the Commission shall affect any rights to quantities of water established under State law, interstate compact, or Supreme Court decree.(i) There is authorized to be appropriated for the fiscal years 1985 through 1987 not to exceed $7,000,000 to carry out this section.NOTETitle I of Public Law 100–556 (42 U.S.C. 6914b) provides: **TITLE I—DEGRADABLE PLASTIC RING CARRIERS** SEC. 101. FINDINGS.The Congress finds that—(1) plastic ring carrier devices have been found in large quantities in the marine environment;(2) fish and wildlife have been known to have become entangled in plastic ring carriers;(3) nondegradable plastic ring carrier devices can remain intact in the marine environment for decades, posing a threat to fish and wildlife; and(4) 16 States have enacted laws requiring that plastic ring carrier devices be made from degradable material in order to reduce litter and to protect fish and wildlife.SEC. 102. DEFINITIONS.As used in this title—(1) the term “**regulated item**” means any plastic ring carrier device that contains at least one hole greater than 1¾ inches in diameter which is made, used, or designed for the purpose of packaging, transporting, or carrying multipackaged cans or bottles, and which is of a size, shape, design, or type capable, when discarded, of becoming entangled with fish or wildlife; and(2) the term “**naturally degradable material**” means a material which, when discarded, will be reduced to environmentally benign subunits under the action of normal environmental forces, such as, among others, biological decomposition, photo-degradation, or hydrolysis.SEC. 103. REGULATION.Not later than 24 months after the date of the enactment of this title (unless the Administrator of the Environmental Protection Agency determines that it is not feasible or that the byproducts of degradable regulated items present a greater threat to the environment than nondegradable regulated items), the Administrator of the Environmental Protection Agency shall require, by regulation, that any regulated item intended for use in the United States shall be made of naturally degradable material which, when discarded, decomposes within a period established by such regulation. The period within which decomposition must occur after being discarded shall be the shortest period of time consistent with the intended use of the item and the physical integrity required for such use. Such regulation shall allow a reasonable time for affected parties to come into compliance, including the use of existing inventories.NOTESection 109 of Public Law 102–386 (42 U.S.C. 6908) provides:SEC. 109. SMALL TOWN ENVIRONMENTAL PLANNING.(a) Establishment.—The Administrator of the Environmental Protection Agency (hereafter referred to as the “Administrator”) shall establish a program to assist small communities in planning and financing environmental facilities. The program shall be known as the “Small Town Environmental Planning Program”.(b) Small Town Environmental Planning Task Force.—(1) The Administrator shall establish a Small Town Environmental Planning Task Force which shall be composed of representatives of small towns from different areas of the United States, Federal and State governmental agencies, and public interest groups. The Administrator shall terminate the Task Force not later than 2 years after the establishment of the Task Force.(2) The Task Force shall—(A) identify regulations developed pursuant to Federal environmental laws which pose significant compliance problems for small towns;(B) identify means to improve the working relationship between the Environmental Protection Agency (hereafter referred to as the Agency) and small towns;(C) review proposed regulations for the protection of the environmental and public health and suggest revisions that could improve the ability of small towns to comply with such regulations;(D) identify means to promote regionalization of environmental treatment systems and infrastructure serving small towns to improve the economic condition of such systems and infrastructure; and(E) provide such other assistance to the Administrator as the Administrator deems appropriate.(c) Identification of Environmental Requirements.—(1) Not later than 6 months after the date of the enactment of this Act, the Administrator shall publish a list of requirements under Federal environmental and public health statutes (and the regulations developed pursuant to such statutes) applicable to small towns. Not less than annually, the Administrator shall make such additions and deletions to and from the list as the Administrator deems appropriate.(2) The Administrator shall, as part of the Small Town Environmental Planning Program under this section, implement a program to notify small communities of the regulations identified under paragraph

(1)and of future regulations and requirements through methods that the Administrator determines to be effective to provide information to the greatest number of small communities, including any of the following:(A) Newspapers and other periodicals.(B) Other news media.(C) Trade, municipal, and other associations that the Administrator determines to be appropriate.(D) Direct mail.(d) Small Town Ombudsman.—The Administrator shall establish and staff an Office of the Small Town Ombudsman. The Office shall provide assistance to small towns in connection with the Small Town Environmental Planning Program and other business with the Agency. Each regional office shall identify a small town contact. The Small Town Ombudsman and the regional contacts also may assist larger communities, but only if first priority is given to providing assistance to small towns.(e) Multi-Media Permits.—(1) The Administrator shall conduct a study of establishing a multi-media permitting program for small towns. Such evaluation shall include an analysis of—(A) environmental benefits and liabilities of a multi-media permitting program;(B) the potential of using such a program to coordinate a small town's environmental and public health activities; and(C) the legal barriers, if any, to the establishment of such a program.(2) Within 3 years after the date of enactment of this Act, the Administrator shall report to Congress on the results of the evaluation performed in accordance with paragraph (1). Included in this report shall be a description of the activities conducted pursuant to subsections

(a)through (d).(f) Definition.—For purposes of this section, the term “**small town**” means an incorporated or unincorporated community (as defined by the Administrator) with a population of less than 2,500 individuals.(g) Authorization.—There is authorized to be appropriated the sum of $500,000 to implement this section.

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