Title 42The Public Health and WelfareRelease 119-73

§6986 Grants for resource recovery systems and improved solid waste disposal facilities

Title 42 › Chapter CHAPTER 82— - SOLID WASTE DISPOSAL › Subchapter SUBCHAPTER VIII— - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND INFORMATION › § 6986

Last updated Apr 6, 2026|Official source

Summary

The Administrator can give money to a State, city, or regional agency to try out resource recovery systems or to build new or better places to dispose of solid waste. Demo projects must fit required solid-waste plans and follow guidelines in section 6907. They must serve whole areas, follow the Administrator’s rules, and include a fair way for users to share construction, operation, and maintenance costs. The federal share for demo projects cannot be more than 75 percent, and it can include the first year’s operation and maintenance costs. Grants to build or improve disposal facilities must be in an area covered by an adopted state or interstate plan, be part of a satisfactory local comprehensive plan, follow the guidelines in section 6907, and use new or improved methods to reduce environmental harm, recover energy or materials, or recycle. The federal share is up to 50 percent for a project serving only one municipality and up to 75 percent otherwise. The Administrator must make rules for how grants are awarded, require deadlines, and consider public benefit, economic viability, wider usefulness, and regional planning. Grants only cover the federal portion of design and construction costs (and the first year’s operation cost for demos), cannot pay for land or ongoing operations (except as allowed), and won’t be made until the applicant shows plans for proper operation and maintenance. No more than 15 percent of the yearly funds can go to projects in any one State, and the Administrator will set rules for projects that span more than one State.

Full Legal Text

Title 42, §6986

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Administrator is authorized to make grants pursuant to this section to any State, municipal, or interstate or intermunicipal agency for the demonstration of resource recovery systems or for the construction of new or improved solid waste disposal facilities.
(b)(1)Any grant under this section for the demonstration 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 guidelines 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 promulgated under subsection (d) of this section; and (D) provides an equitable system for distributing the costs associated with construction, operation, 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.
(c)(1)A grant under this section for the construction 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 constructed (i) is consistent with such plan, (ii) is included in a comprehensive plan for the area involved which is satisfactory to the Administrator for the purposes of this chapter, and (iii) is consistent with the guidelines recommended 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 energy or resources, or in recycling useful materials.
(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)(1)The Administrator shall promulgate regulations 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 community waste problems of urban-industrial centers, metropolitan regions, and rural areas, under representative geographic and environmental 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 propriety 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 sector to market any resources recovered); (C) to the potential of such project for general application to community solid waste disposal problems; and (D) to the use by the applicant of comprehensive regional or metropolitan area planning.
(e)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 Administrator for proper and efficient operation and maintenance of the project (subject to paragraph (1)(B)); and
(4)may be made subject to such conditions and requirements, in addition to those provided in this section, as the Administrator may require to properly carry out his functions pursuant to this chapter.
(f)(1)Not more than 15 percent of the total of funds authorized to be appropriated for any fiscal year to carry out this section shall be granted under this section for projects in any one State.
(2)The Administrator shall prescribe by regulation 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained 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 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 6986

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73