§ 6942. Federal guidelines for plans

Statutory text

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 Federal, State, and local authorities, shall by regulation publish guidelines for the identification of those areas which have common solid waste management problems and are appropriate units for planning regional solid waste management services. Such guidelines shall consider—

the size and location of areas which should be included,

the volume of solid waste which should be included, and

the available means of coordinating regional planning with other related regional planning and for coordination of such regional planning into the State plan.

Guidelines for State plans

Not later than eighteen months after October 21, 1976, and after notice and hearing, the Administrator shall, after consultation with appropriate Federal, State, and local authorities, promulgate regulations containing guidelines to assist in the development and implementation of State solid waste management plans (hereinafter 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 reviewed from time to time, but not less frequently than every three years, and revised as may be appropriate.

Considerations for State plan guidelines

The guidelines promulgated under subsection (b) shall consider—

the varying regional, geologic, hydrologic, climatic, and other circumstances under which different solid waste practices are required in order to insure the reasonable protection of the quality of the ground and surface waters from leachate contamination, the reasonable protection of the quality of the surface waters from surface runoff contamination, and the reasonable protection of ambient air quality;

characteristics and conditions of collection, storage, processing, and disposal operating methods, techniques and practices, and location of facilities where such operating methods, techniques, and practices are conducted, taking into account the nature of the material to be disposed;

methods for closing or upgrading open dumps for purposes of eliminating potential health hazards;

population density, distribution, and projected growth;

geographic, geologic, climatic, and hydrologic characteristics;

the type and location of transportation;

the profile of industries;

the constituents and generation rates of waste;

the political, economic, organizational, financial, and management problems affecting comprehensive solid waste management;

types of resource recovery facilities and resource conservation systems which are appropriate; and

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 energy.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1976
Pub. L. 89–272 title II § 4002 · 79 Stat. 992
Enacted · 42 U.S.C. § 6942
Pub. L. 89–272, title II, § 4002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2813
Source evidence
Code source credit
Pub. L. 89–272, title II, § 4002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2813
1980
Solid Waste Disposal Act Amendments of 1980
Pub. L. 96–482 § 32(c) · 94 Stat. 2334
Changed · 42 U.S.C. § 6942(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 conserving such materials and energy
Source evidence
Code amendment note
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 conserving such materials and energy.
Enacted provision · exact public law section
(c) Section 4002(c) of the Solid Waste Disposal Act (relating 42 USC 6942. to guidelines for State plans) is amended in paragraph (11) by inserting after “recovered material” the following: “and energy and energy resources recovered from solid waste as well as methods for conserving such materials and energy”.

1 of 2 references resolved to an enrolled provision · 1 partial

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 conserving such materials and energy.

Executive Documents

Transfer of Functions

For transfer of certain enforcement functions of Administrator or other official of Environmental Protection 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.

Credits

1976–1980 · 2 acts

1976Pub. L. 89–272, title II, § 4002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2813
1980amended Pub. L. 96–482, § 32(c), Oct. 21, 1980, 94 Stat. 2353.

Show as published

(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.)