334
Opinion of the Court
the "Clarification of Household Waste Exclusion" as § 3001(i), § 223, 98 Stat. 3252. The essence of our task in this case is to determine whether, under that provision, the MWC ash generated by petitioners' facility—a facility that would have been considered a Subtitle C generator under the 1980 regulations—is subject to regulation as hazardous waste under Subtitle C. We conclude that it is.
Section 3001(i), 42 U. S. C. § 6921(i), entitled "Clarification of household waste exclusion," provides:
"A resource recovery facility recovering energy from the mass burning of municipal solid waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of regulation under this subchapter, if—
"(1) such facility— "(A) receives and burns only—
"(i) household waste (from single and multiple dwellings, hotels, motels, and other residential sources), and
"(ii) solid waste from commercial or industrial sources that does not contain hazardous waste identified or listed under this section, and
"(B) does not accept hazardous wastes identified or listed under this section, and
"(2) the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility."
The plain meaning of this language is that so long as a facility recovers energy by incineration of the appropriate wastes, it (the facility) is not subject to Subtitle C regulation as a facility that treats, stores, disposes of, or manages hazardous waste. The provision quite clearly does not contain any exclusion for the ash itself. Indeed, the waste the facility produces (as opposed to that which it receives) is not even
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