42 U.S.C. § 6982

Special studies; plans for research, development, and demonstrations

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(a) Glass and plastic

The Administrator shall undertake a study and publish a report on resource recovery from glass and plastic waste, including a scientific, technological, and economic investigation of potential solutions to implement such recovery.

(b) Composition of waste stream

The Administrator shall undertake a systematic study of the composition of the solid waste stream and of anticipated future changes in the composition of such stream and shall publish a report containing the results of such study and quantitatively evaluating the potential utility of such components.

(c) Priorities studyFor purposes of determining priorities for research on recovery of materials and energy from solid waste and developing materials and energy recovery research, development, and demonstration strategies, the Administrator shall review, and make a study of, the various existing and promising techniques of energy recovery from solid waste (including, but not limited to, waterwall furnace incinerators, dry shredded fuel systems, pyrolysis, densified refuse-derived fuel systems, anerobic digestion, and fuel and feedstock preparation systems). In carrying out such study the Administrator shall investigate with respect to each such technique—(1) the degree of public need for the potential results of such research, development, or demonstration,(2) the potential for research, development, and demonstration without Federal action, including the degree of restraint on such potential posed by the risks involved, and(3) the magnitude of effort and period of time necessary to develop the technology to the point where Federal assistance can be ended.(d) Small-scale and low technology study

The Administrator shall undertake a comprehensive study and analysis of, and publish a report on, systems of small-scale and low technology solid waste management, including household resource recovery and resource recovery systems which have special application to multiple dwelling units and high density housing and office complexes. Such study and analysis shall include an investigation of the degree to which such systems could contribute to energy conservation.

(e) Front-end source separation

The Administrator shall undertake research and studies concerning the compatibility of front-end source separation systems with high technology resource recovery systems and shall publish a report containing the results of such research and studies.

(f) Mining wasteThe Administrator, in consultation with the Secretary of the Interior, shall conduct a detailed and comprehensive study on the adverse effects of solid wastes from active and abandoned surface and underground mines on the environment, including, but not limited to, the effects of such wastes on humans, water, air, health, welfare, and natural resources, and on the adequacy of means and measures currently employed by the mining industry, Government agencies, and others to dispose of and utilize such solid wastes and to prevent or substantially mitigate such adverse effects. Such study shall include an analysis of—(1) the sources and volume of discarded material generated per year from mining;(2) present disposal practices;(3) potential dangers to human health and the environment from surface runoff of leachate and air pollution by dust;(4) alternatives to current disposal methods;(5) the cost of those alternatives in terms of the impact on mine product costs; and(6) potential for use of discarded material as a secondary source of the mine product.In furtherance of this study, the Administrator shall, as he deems appropriate, review studies and other actions of other Federal agencies concerning such wastes with a view toward avoiding duplication of effort and the need to expedite such study. Not later than thirty-six months after October 21, 1980, the Administrator shall publish a report of such study and shall include appropriate findings and recommendations for Federal and non-Federal actions concerning such effects. Such report shall be submitted 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.(g) SludgeThe Administrator shall undertake a comprehensive study and publish a report on sludge. Such study shall include an analysis of—(1) what types of solid waste (including but not limited to sewage and pollution treatment residues and other residues from industrial operations such as extraction of oil from shale, liquefaction and gasification of coal and coal slurry pipeline operations) shall be classified as sludge;(2) the effects of air and water pollution legislation on the creation of large volumes of sludge;(3) the amounts of sludge originating in each State and in each industry producing sludge;(4) methods of disposal of such sludge, including the cost, efficiency, and effectiveness of such methods;(5) alternative methods for the use of sludge, including agricultural applications of sludge and energy recovery from sludge; and(6) methods to reclaim areas which have been used for the disposal of sludge or which have been damaged by sludge.(h) Tires

The Administrator shall undertake a study and publish a report respecting discarded motor vehicle tires which shall include an analysis of the problems involved in the collection, recovery of resources including energy, and use of such tires.

(i) Resource recovery facilities

The Administrator shall conduct research and report on the economics of, and impediments, to the effective functioning of resource recovery facilities.

(j) Resource Conservation Committee(1) The Administrator shall serve as Chairman of a Committee composed of himself, the Secretary of Commerce, the Secretary of Labor, the Chairman of the Council on Environmental Quality, the Secretary of Treasury, the Secretary of the Interior, the Secretary of Energy, the Chairman of the Council of Economic Advisors, and a representative of the Office of Management and Budget, which shall conduct a full and complete investigation and study of all aspects of the economic, social, and environmental consequences of resource conservation with respect to—(A) the appropriateness of recommended incentives and disincentives to foster resource conservation;(B) the effect of existing public policies (including subsidies and economic incentives and disincentives, percentage depletion allowances, capital gains treatment and other tax incentives and disincentives) upon resource conservation, and the likely effect of the modification or elimination of such incentives and disincentives upon resource conservation;(C) the appropriateness and feasibility of restricting the manufacture or use of categories of consumer products as a resource conservation strategy;(D) the appropriateness and feasibility of employing as a resource conservation strategy the imposition of solid waste management charges on consumer products, which charges would reflect the costs of solid waste management services, litter pickup, the value of recoverable components of such product, final disposal, and any social value associated with the nonrecycling or uncontrolled disposal of such product; and(E) the need for further research, development, and demonstration in the area of resource conservation.(2) The study required in paragraph (1)(D) may include pilot scale projects, and shall consider and evaluate alternative strategies with respect to—(A) the product categories on which such charges would be imposed;(B) the appropriate state in the production of such consumer product at which to levy such charge;(C) appropriate criteria for establishing such charges for each consumer product category;(D) methods for the adjustment of such charges to reflect actions such as recycling which would reduce the overall quantities of solid waste requiring disposal; and(E) procedures for amending, modifying, or revising such charges to reflect changing conditions.(3) The design for the study required in paragraph (1) of this subsection shall include timetables for the completion of the study. A preliminary report putting forth the study design shall be sent to the President and the Congress within six months following October 21, 1976, and followup reports shall be sent six months thereafter. Each recommendation resulting from the study shall include at least two alternatives to the proposed recommendation.(4) The results of such investigation and study, including recommendations, shall be reported to the President and the Congress not later than two years after October 21, 1976.(5) There are authorized to be appropriated not to exceed $2,000,000 to carry out this subsection.(k) Airport landfills

The Administrator shall undertake a comprehensive study and analysis of and publish a report on systems to alleviate the hazards to aviation from birds congregating and feeding on landfills in the vicinity of airports.

(l) Completion of research and studies

The Administrator shall complete the research and studies, and submit the reports, required under subsections (b), (c), (d), (e), (f), (g), and (k) not later than October 1, 1978. The Administrator shall complete the research and studies, and submit the reports, required under subsections (a), (h), and (i) not later than October 1, 1979. Upon completion, each study specified in subsections (a) through (k) of this section, the Administrator shall prepare a plan for research, development, and demonstration respecting the findings of the study and shall submit any legislative recommendations resulting from such study to appropriate committees of Congress.

(m) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil or natural gas or geothermal energy(1) The Administrator shall conduct a detailed and comprehensive study and submit a report on the adverse effects, if any, of drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil or natural gas or geothermal energy on human health and the environment, including, but not limited to, the effects of such wastes on humans, water, air, health, welfare, and natural resources and on the adequacy of means and measures currently employed by the oil and gas and geothermal drilling and production industry, Government agencies, and others to dispose of and utilize such wastes and to prevent or substantially mitigate such adverse effects. Such study shall include an analysis of—(A) the sources and volume of discarded material generated per year from such wastes;(B) present disposal practices;(C) potential danger to human health and the environment from the surface runoff or leachate;(D) documented cases which prove or have caused danger to human health and the environment from surface runoff or leachate;(E) alternatives to current disposal methods;(F) the cost of such alternatives; and(G) the impact of those alternatives on the exploration for, and development and production of, crude oil and natural gas or geothermal energy.In furtherance of this study, the Administrator shall, as he deems appropriate, review studies and other actions of other Federal agencies concerning such wastes with a view toward avoiding duplication of effort and the need to expedite such study. The Administrator shall publish a report of such study and shall include appropriate findings and recommendations for Federal and non-Federal actions concerning such effects.(2) The Administrator shall complete the research and study and submit the report required under paragraph (1) not later than twenty-four months from October 21, 1980. Upon completion of the study, the Administrator shall prepare a summary of the findings of the study, a plan for research, development, and demonstration respecting the findings of the study, and shall submit the findings and the study, along with any recommendations resulting from such study, 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.(3) There are authorized to be appropriated not to exceed $1,000,000 to carry out the provisions of this subsection.(n) Materials generated from the combustion of coal and other fossil fuelsThe Administrator shall conduct a detailed and comprehensive study and submit a report on the adverse effects on human health and the environment, if any, of the disposal and utilization of fly ash waste, bottom ash waste, slag waste, flue gas emission control waste, and other byproduct materials generated primarily from the combustion of coal or other fossil fuels. Such study shall include an analysis of—(1) the source and volumes of such material generated per year;(2) present disposal and utilization practices;(3) potential danger, if any, to human health and the environment from the disposal and reuse of such materials;(4) documented cases in which danger to human health or the environment from surface runoff or leachate has been proved;(5) alternatives to current disposal methods;(6) the costs of such alternatives;(7) the impact of those alternatives on the use of coal and other natural resources; and(8) the current and potential utilization of such materials.In furtherance of this study, the Administrator shall, as he deems appropriate, review studies and other actions of other Federal and State agencies concerning such material and invite participation by other concerned parties, including industry and other Federal and State agencies, with a view toward avoiding duplication of effort. The Administrator shall publish a report on such study, which shall include appropriate findings, not later than twenty-four months after October 21, 1980. Such study and findings shall be submitted 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.(o) Cement kiln dust wasteThe Administrator shall conduct a detailed and comprehensive study of the adverse effects on human health and the environment, if any, of the disposal of cement kiln dust waste. Such study shall include an analysis of—(1) the source and volumes of such materials generated per year;(2) present disposal practices;(3) potential danger, if any, to human health and the environment from the disposal of such materials;(4) documented cases in which danger to human health or the environment has been proved;(5) alternatives to current disposal methods;(6) the costs of such alternatives;(7) the impact of those alternatives on the use of natural resources; and(8) the current and potential utilization of such materials.In furtherance of this study, the Administrator shall, as he deems appropriate, review studies and other actions of other Federal and State agencies concerning such waste or materials and invite participation by other concerned parties, including industry and other Federal and State agencies, with a view toward avoiding duplication of effort. The Administrator shall publish a report of such study, which shall include appropriate findings, not later than thirty-six months after October 21, 1980. Such report shall be submitted 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.(p) Materials generated from extraction, beneficiation, and processing of ores and minerals, including phosphate rock and overburden from uranium miningThe Administrator shall conduct a detailed and comprehensive study on the adverse effects on human health and the environment, if any, of the disposal and utilization of solid waste from the extraction, beneficiation, and processing of ores and minerals, including phosphate rock and overburden from uranium mining. Such study shall be conducted in conjunction with the study of mining wastes required by subsection (f) of this section and shall include an analysis of—(1) the source and volumes of such materials generated per year;(2) present disposal and utilization practices;(3) potential danger, if any, to human health and the environment from the disposal and reuse of such materials;(4) documented cases in which danger to human health or the environment has been proved;(5) alternatives to current disposal methods;(6) the costs of such alternatives;(7) the impact of those alternatives on the use of phosphate rock and uranium ore, and other natural resources; and(8) the current and potential utilization of such materials.In furtherance of this study, the Administrator shall, as he deems appropriate, review studies and other actions of other Federal and State agencies concerning such waste or materials and invite participation by other concerned parties, including industry and other Federal and State agencies, with a view toward avoiding duplication of effort. The Administrator shall publish a report of such study, which shall include appropriate findings, in conjunction with the publication of the report of the study of mining wastes required to be conducted under subsection (f) of this section. Such report and findings shall be submitted 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.(q) Authorization of appropriations

There are authorized to be appropriated not to exceed $8,000,000 for the fiscal years 1978 and 1979 to carry out this section other than subsection (j).

(r) Minimization of hazardous waste

The Administrator shall compile, and not later than October 1, 1986, submit to the Congress, a report on the feasibility and desirability of establishing standards of performance or of taking other additional actions under this chapter to require the generators of hazardous waste to reduce the volume or quantity and toxicity of the hazardous waste they generate, and of establishing with respect to hazardous wastes required management practices or other requirements to assure such wastes are managed in ways that minimize present and future risks to human health and the environment. Such report shall include any recommendations for legislative changes which the Administrator determines are feasible and desirable to implement the national policy established by section 6902 of this title.

(s) Extending landfill life and reusing landfilled areasThe Administrator shall conduct detailed, comprehensive studies of methods to extend the useful life of sanitary landfills and to better use sites in which filled or closed landfills are located. Such studies shall address—(1) methods to reduce the volume of materials before placement in landfills;(2) more efficient systems for depositing waste in landfills;(3) methods to enhance the rate of decomposition of solid waste in landfills, in a safe and environmentally acceptable manner;(4) methane production from closed landfill units;(5) innovative uses of closed landfill sites, including use for energy production such as solar or wind energy and use for metals recovery;(6) potential for use of sewage treatment sludge in reclaiming landfilled areas; and(7) methods to coordinate use of a landfill owned by one municipality by nearby municipalities, and to establish equitable rates for such use, taking into account the need to provide future landfill capacity to replace that so used.The Administrator is authorized to conduct demonstrations in the areas of study provided in this subsection. The Administrator shall periodically report on the results of such studies, with the first such report not later than October 1, 1986. In carrying out this subsection, the Administrator need not duplicate other studies which have been completed and may rely upon information which has previously been compiled.(Pub. L. 89–272, title II, § 8002, as added Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2831; amended Pub. L. 95–609, § 7(t), Nov. 8, 1978, 92 Stat. 3083; H. Res. 549, Mar. 25, 1980; Pub. L. 96–482, § 29, Oct. 21, 1980, 94 Stat. 2349; Pub. L. 98–616, title II, § 224(c), title VII, § 702, Nov. 8, 1984, 98 Stat. 3253, 3289.)Editorial NotesAmendments

1984—Subsec. (r). Pub. L. 98–616, § 224(c), added subsec. (r).

Subsec. (s). Pub. L. 98–616, § 702, added subsec. (s).

1980—Subsec. (f). Pub. L. 96–482, § 29(1), required publication of report no later than thirty-six months after Oct. 21, 1980, and its submission to Senate Committee on Environment and Public Works and House Committee on Energy and Commerce.

Subsecs. (m) to (q). Pub. L. 96–482, § 29(2), added subsecs. (m) to (p) and redesignated former subsec. (m) as (q).

1978—Subsec. (g)(1). Pub. L. 95–609, § 7(t)(1), substituted “shale, liquefaction” for “shale liquefaction”.

Subsec. (j)(1). Pub. L. 95–609, § 7(t)(2), enacted a provision adding the Secretary of Energy and the Chairman of the Council of Economic Advisors to the Committee.

Subsec. (j)(2). Pub. L. 95–609, § 7(t)(3), substituted “paragraph (1)(D)” for “paragraph (2)(D)”.

Subsec. (j)(3). Pub. L. 95–609, § 7(t)(4), substituted “paragraph (1)” for “paragraph (2)(D)”.

Subsec. (l). Pub. L. 95–609, § 7(t)(5), struck out requirement of submission of reports under subsec. (j) of this section.

Statutory Notes and Related SubsidiariesChange of Name

Committee on Interstate and Foreign Commerce of the House of Representatives changed to Committee on Energy and Commerce immediately prior to noon on Jan. 3, 1981, by House Resolution No. 549, Ninety-sixth Congress, Mar. 25, 1980. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Executive DocumentsTransfer 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.

Notes of Decisions

Cited in 21 cases (1 in the last 5 years), 1978–2021 · leading case: Solite Corp. v. U.S. Env't Prot. Agency, & William K. Reilly, Adm'r, Epa, the Aluminum Ass'n, Intervenors, 952 F.2d 473 (D.C. Cir. 1992).

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Solite Corp. v. U.S. Env't Prot. Agency, & William K. Reilly, Adm'r, Epa, the Aluminum Ass'n, Intervenors, 952 F.2d 473 (D.C. Cir. 1992). · cites it 6× “Section 8002 of RCRA, 42 U.S.C. § 6982 , directs EPA to conduct special studies and research on certain categories of waste, including mining waste.”

West Virginia Highlands Conservancy v. Johnson, 540 F. Supp. 2d 125 (D.D.C. 2008). · cites it 3× “Thus, 42 U.S.C. § 6982 (f), more commonly referred to as § 8002(f) of RCRA, directs the EPA to “conduct a detailed study of mining wastes to evaluate ‘the potential danger to human health and environmental vitality.”

Appalachian Voices v. McCarthy, 989 F. Supp. 2d 30 (D.D.C. 2013). · cites it 4× “” Resource Conservation and Recovery Act of *39 1976 § 8002(f), 42 U.S.C. § 6982 (f). This provision reflected Congress’ determination that “ ‘information on the potential danger posed by mining waste [was] not sufficient to form the basis for legislative action.”

Util. Solid Waste Activities Grp. v. Envtl. Prot. Agency, 901 F.3d 414 (D.C. Cir. 2018). “See 42 U.S.C. § 6982 (n)(6). With Michigan v.”

Friends of Santa Fe Cnty. v. LAC Minerals, Inc., 892 F. Supp. 1333 (D.N.M. 1995). · cites it 2× “be subject only to regulation under other applicable provisions of Federal or State law in lieu of [subtitle C] until at least six months after the date of submission of [an Environmental Protection Agency (“EPA”) study required under 42 U.S.C. § 6982 ] ... Solid waste from the…”

Chem. Mfrs. Ass'n v. Env't Prot. Agency, 673 F.2d 507 (D.C. Cir. 1982). · cites it 3× “42 U.S.C. § 6982 (1) (1976). This was amended in 1980 to provide that the study be completed within three years after 21 October 1980.”

Am. Portland Cement All. v. Env't Prot. Agency & Carol M. Browner, Cement Kiln Recycling Coalition, Intervenors, 101 F.3d 772 (D.C. Cir. 1996). “” 42 U.S.C. § 6982 (o) (1995). Third, as required by RCRA § 3001(b)(3)(C), 4 based on its' report to Congress; comments on the report, and data collected after its submission to Congress, on February 7, 1995, EPA published its Regulatory Determination on Cement Kiln Dust.”

Columbia Falls Aluminum Co. v. Env't Prot. Agency & Carol M. Browner, Adm'r, Reynolds Metals Co., Intervenors, 139 F.3d 914 (D.C. Cir. 1998). “See RCRA § 8002(p), 42 U.S.C. § 6982 (p). EPA interpreted the Be-vill Amendment to include “solid wastes generated during the smelting and refining of ores and minerals” and suspended its listing of spent potliner.”

United States v. Magnesium Corp. of Am., 616 F.3d 1129 (10th Cir. 2010). “42 U.S.C. § 6982 (p); see also id. § 6982(f).”

United States v. Wilfred Page Van Loben Sels, 198 F.3d 1161 (9th Cir. 2000). · cites it 2× “A 92-count superseding indictment issued on September 27, 1996, charged Van Loben Seis and two other individuals with, inter alia, transportation of hazardous waste without a manifest, in violation of 42 U.S.C. § 6982 (d)(5); aiding and abetting, in violation of 18 U.”

Friends of Animals v. Sally Jewell, 115 F. Supp. 3d 107 (D.D.C. 2015). “42 U.S.C. §§ 6982 (f), (p). Thus, the statutes in both these cases required publication of more than mere “notice” of an agency decision; yet in both cases, the court rejected plaintiffs’ informational-injury claims.”

Browing v. Flexsteel Indus., Inc., 959 F. Supp. 2d 1134 (N.D. Ind. 2013). “The complaint consistently alleges that the defendants violated RCRA when they, for example: “operated a “facility” used for disposal of hazardous wastes without a permit,” DE 24 ¶ 758; “disposed of hazardous waste in violation of 42 U.S.C. § 6982 (d)(2),” id. ¶ 759; “failed to…”

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