View all text of Subchapter III [§ 9651 - § 9662]
§ 9660. Research, development, and demonstration
(a) Hazardous substance research and training
(1) Authorities of SecretaryThe Secretary of Health and Human Services (hereinafter in this subsection referred to as the Secretary), in consultation with the Administrator, shall establish and support a basic research and training program (through grants, cooperative agreements, and contracts) consisting of the following:
(A) Basic research (including epidemiologic and ecologic studies) which may include each of the following:
(i) Advanced techniques for the detection, assessment, and evaluation of the effects on human health of hazardous substances.
(ii) Methods to assess the risks to human health presented by hazardous substances.
(iii) Methods and technologies to detect hazardous substances in the environment and basic biological, chemical, and physical methods to reduce the amount and toxicity of hazardous substances.
(B) Training, which may include each of the following:
(i) Short courses and continuing education for State and local health and environment agency personnel and other personnel engaged in the handling of hazardous substances, in the management of facilities at which hazardous substances are located, and in the evaluation of the hazards to human health presented by such facilities.
(ii) Graduate or advanced training in environmental and occupational health and safety and in the public health and engineering aspects of hazardous waste control.
(iii) Graduate training in the geosciences, including hydrogeology, geological engineering, geophysics, geochemistry, and related fields necessary to meet professional personnel needs in the public and private sectors and to effectuate the purposes of this chapter.
(2) Director of NIEHS
(3) Recipients of grants, etc.A grant, cooperative agreement, or contract may be made or entered into under paragraph (1) with an accredited institution of higher education. The institution may carry out the research or training under the grant, cooperative agreement, or contract through contracts, including contracts with any of the following:
(A) Generators of hazardous wastes.
(B) Persons involved in the detection, assessment, evaluation, and treatment of hazardous substances.
(C) Owners and operators of facilities at which hazardous substances are located.
(D) State and local governments.
(4) Procedures
(5) Advisory councilTo assist in the implementation of this subsection and to aid in the coordination of research and demonstration and training activities funded from the Fund under this section, the Secretary shall appoint an advisory council (hereinafter in this subsection referred to as the “Advisory Council”) which shall consist of representatives of the following:
(A) The relevant Federal agencies.
(B) The chemical industry.
(C) The toxic waste management industry.
(D) Institutions of higher education.
(E) State and local health and environmental agencies.
(F) The general public.
(6) Planning
(b) Alternative or innovative treatment technology research and demonstration program
(1) Establishment
(2) Administration
(3) Contracts and grants
(4) Use of sites
(5) Demonstration assistance
(A) Program componentsThe demonstration assistance program shall include the following:
(i) The publication of a solicitation and the evaluation of applications for demonstration projects utilizing alternative or innovative technologies.
(ii) The selection of sites which are suitable for the testing and evaluation of innovative technologies.
(iii) The development of detailed plans for innovative technology demonstration projects.
(iv) The supervision of such demonstration projects and the providing of quality assurance for data obtained.
(v) The evaluation of the results of alternative innovative technology demonstration projects and the determination of whether or not the technologies used are effective and feasible.
(B) Solicitation
(C) Applications
(D) Project selection
(E) Site selection
(F) Demonstration plan
(G) Supervision and testing
(H) Project completion
(I) Extensions
(J) Funding restrictions
(6) Field demonstrations
(7) CriteriaIn selecting technologies to be demonstrated under this subsection, the Administrator shall, consistent with the protection of human health and the environment, consider each of the following criteria:
(A) The potential for contributing to solutions to those waste problems which pose the greatest threat to human health, which cannot be adequately controlled under present technologies, or which otherwise pose significant management difficulties.
(B) The availability of technologies which have been sufficiently developed for field demonstration and which are likely to be cost-effective and reliable.
(C) The availability and suitability of sites for demonstrating such technologies, taking into account the physical, biological, chemical, and geological characteristics of the sites, the extent and type of contamination found at the site, and the capability to conduct demonstration projects in such a manner as to assure the protection of human health and the environment.
(D) The likelihood that the data to be generated from the demonstration project at the site will be applicable to other sites.
(8) Technology transferIn carrying out the program, the Administrator shall conduct a technology transfer program including the development, collection, evaluation, coordination, and dissemination of information relating to the utilization of alternative or innovative treatment technologies for response actions. The Administrator shall establish and maintain a central reference library for such information. The information maintained by the Administrator shall be made available to the public, subject to the provisions of section 552 of title 5 and section 1905 of title 18, and to other Government agencies in a manner that will facilitate its dissemination; except, that upon a showing satisfactory to the Administrator by any person that any information or portion thereof obtained under this subsection by the Administrator directly or indirectly from such person, would, if made public, divulge—
(A) trade secrets; or
(B) other proprietary information of such person,
the Administrator shall not disclose such information and disclosure thereof shall be punishable under section 1905 of title 18. This subsection is not authority to withhold information from Congress or any committee of Congress upon the request of the chairman of such committee.
(9) TrainingThe Administrator is authorized and directed to carry out, through the Office of Technology Demonstration, a program of training and an evaluation of training needs for each of the following:
(A) Training in the procedures for the handling and removal of hazardous substances for employees who handle hazardous substances.
(B) Training in the management of facilities at which hazardous substances are located and in the evaluation of the hazards to human health presented by such facilities for State and local health and environment agency personnel.
(10) Definition
(c) Hazardous substance research
(d) University hazardous substance research centers
(1) Grant program
(2) Responsibilities of centers
(3) Applications
(4) Selection criteriaThe Administrator shall select recipients of grants under this subsection on the basis of the following criteria:
(A) The hazardous substance research center shall be located in a State which is representative of the needs of the region in which such State is located for improved hazardous waste management.
(B) The grant recipient shall be located in an area which has experienced problems with hazardous substance management.
(C) There is available to the grant recipient for carrying out this subsection demonstrated research resources.
(D) The capability of the grant recipient to provide leadership in making national and regional contributions to the solution of both long-range and immediate hazardous substance management problems.
(E) The grant recipient shall make a commitment to support ongoing hazardous substance research programs with budgeted institutional funds of at least $100,000 per year.
(F) The grant recipient shall have an interdisciplinary staff with demonstrated expertise in hazardous substance management and research.
(G) The grant recipient shall have a demonstrated ability to disseminate results of hazardous substance research and educational programs through an interdisciplinary continuing education program.
(H) The projects which the grant recipient proposes to carry out under the grant are necessary and appropriate.
(5) Maintenance of effort
(6) Federal share
(7) Limitation on use of funds
(8) Administration through the Office of the Administrator
(9) Equitable distribution of funds
(10) Technology transfer activities
(e) Report to Congress
(f) Saving provision
(g) Small business participation
(Pub. L. 96–510, title III, § 311, as added Pub. L. 99–499, title II, § 209(b), Oct. 17, 1986, 100 Stat. 1708; amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)