 The second incentive, the "access" incentive, allowed states to reprimand states that missed certain deadlines by raising surcharges or eventually denying access to disposal at those state's facilities completely.That was held to be a permitted exercise of Congress's power, under the Commerce Clause.The third incentive, requiring states to "take title" and assume liability for waste generated within their borders if they failed to comply, was held to be impermissibly coercive and a threat to state sovereignty, thereby violating the Tenth Amendment.