US (United States) Code. Title 42. Chapter 82: Solid waste disposal

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 82 - SOLID WASTE DISPOSAL 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

-MISC1-

CHAPTER 82 - SOLID WASTE DISPOSAL

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

6901. Congressional findings.

(a) Solid waste.

(b) Environment and health.

(c) Materials.

(d) Energy.

6901a. Congressional findings: used oil recycling.

6902. Objectives and national policy.

(a) Objectives.

(b) National policy.

6903. Definitions.

6904. Governmental cooperation.

(a) Interstate cooperation.

(b) Consent of Congress to compacts.

6905. Application of chapter and integration with other

Acts.

(a) Application of chapter.

(b) Integration with other Acts.

(c) Integration with the Surface Mining Control and

Reclamation Act of 1977.

6906. Financial disclosure.

(a) Statement.

(b) Action by Administrator.

(c) Exemption.

(d) Penalty.

6907. Solid waste management information and guidelines.

(a) Guidelines.

(b) Notice.

6908. Small town environmental planning.

(a) Establishment.

(b) Small Town Environmental Planning Task Force.

(c) Identification of environmental requirements.

(d) Small Town Ombudsman.

(e) Multi-media permits.

(f) "Small town" defined.

(g) Authorization.

6908a. Agreements with Indian tribes.

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

6911. Office of Solid Waste and Interagency Coordinating

Committee.

(a) Office of Solid Waste.

(b) Interagency Coordinating Committee.

6911a. Assistant Administrator of Environmental Protection

Agency; appointment, etc.

6912. Authorities of Administrator.

(a) Authorities.

(b) Revision of regulations.

(c) Criminal investigations.

6913. Resource Recovery and Conservation Panels.

6914. Grants for discarded tire disposal.

(a) Grants.

(b) Authorization of appropriations.

6914a. Labeling of lubricating oil.

6914b. Degradable plastic ring carriers; definitions.

6914b-1. Regulation of plastic ring carriers.

6915. Annual report.

6916. General authorization.

(a) General administration.

(b) Resource Recovery and Conservation Panels.

(c) Hazardous waste.

(d) State and local support.

(e) Criminal investigators.

(f) Underground storage tanks.

6917. Office of Ombudsman.

(a) Establishment; functions.

(b) Authority to render assistance.

(c) Effect on procedures for grievances, appeals,

or administrative matters.

(d) Termination.

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

6921. Identification and listing of hazardous waste.

(a) Criteria for identification or listing.

(b) Identification and listing.

(c) Petition by State Governor.

(d) Small quantity generator waste.

(e) Specified wastes.

(f) Delisting procedures.

(g) EP toxicity.

(h) Additional characteristics.

(i) Clarification of household waste exclusion.

6922. Standards applicable to generators of hazardous waste.

(a) In general.

(b) Waste minimization.

6923. Standards applicable to transporters of hazardous

waste.

(a) Standards.

(b) Coordination with regulations of Secretary of

Transportation.

(c) Fuel from hazardous waste.

6924. Standards applicable to owners and operators of

hazardous waste treatment, storage, and disposal

facilities.

(a) In general.

(b) Salt dome formations, salt bed formations,

underground mines and caves.

(c) Liquids in landfills.

(d) Prohibitions on land disposal of specified

wastes.

(e) Solvents and dioxins.

(f) Disposal into deep injection wells; specified

subsection (d) wastes; solvents and dioxins.

(g) Additional land disposal prohibition

determinations.

(h) Variance from land disposal prohibitions.

(i) Publication of determination.

(j) Storage of hazardous waste prohibited from land

disposal.

(k) "Land disposal" defined.

(l) Ban on dust suppression.

(m) Treatment standards for wastes subject to land

disposal prohibition.

(n) Air emissions.

(o) Minimum technological requirements.

(p) Ground water monitoring.

(q) Hazardous waste used as fuel.

(r) Labeling.

(s) Recordkeeping.

(t) Financial responsibility provisions.

(u) Continuing releases at permitted facilities.

(v) Corrective action beyond facility boundary.

(w) Underground tanks.

(x) Mining and other special wastes.

(y) Munitions.

6925. Permits for treatment, storage, or disposal of

hazardous waste.

(a) Permit requirements.

(b) Requirements of permit application.

(c) Permit issuance.

(d) Permit revocation.

(e) Interim status.

(f) Coal mining wastes and reclamation permits.

(g) Research, development, and demonstration

permits.

(h) Waste minimization.

(i) Interim status facilities receiving wastes

after July 26, 1982.

(j) Interim status surface impoundments.

6926. Authorized State hazardous waste programs.

(a) Federal guidelines.

(b) Authorization of State program.

(c) Interim authorization.

(d) Effect of State permit.

(e) Withdrawal of authorization.

(f) Availability of information.

(g) Amendments made by 1984 act.

(h) State programs for used oil.

6927. Inspections.

(a) Access entry.

(b) Availability to public.

(c) Federal facility inspections.

(d) State-operated facilities.

(e) Mandatory inspections.

6928. Federal enforcement.

(a) Compliance orders.

(b) Public hearing.

(c) Violation of compliance orders.

(d) Criminal penalties.

(e) Knowing endangerment.

(f) Special rules.

(g) Civil penalty.

(h) Interim status corrective action orders.

6929. Retention of State authority.

6930. Effective date.

(a) Preliminary notification.

(b) Effective date of regulation.

6931. Authorization of assistance to States.

(a) Authorization of appropriations.

(b) Allocation.

(c) Activities included.

6932. Transferred.

6933. Hazardous waste site inventory.

(a) State inventory programs.

(b) Environmental Protection Agency program.

(c) Grants.

(d) No impediment to immediate remedial action.

6934. Monitoring, analysis, and testing.

(a) Authority of Administrator.

(b) Previous owners and operators.

(c) Proposal.

(d) Monitoring, etc., carried out by Administrator.

(e) Enforcement.

6935. Restrictions on recycled oil.

(a) In general.

(b) Identification or listing of used oil as

hazardous waste.

(c) Used oil which is recycled.

(d) Permits.

6936. Expansion during interim status.

(a) Waste piles.

(b) Landfills and surface impoundments.

6937. Inventory of Federal agency hazardous waste

facilities.

(a) Program requirement; submission; availability;

contents.

(b) Environmental Protection Agency program.

6938. Export of hazardous wastes.

(a) In general.

(b) Regulations.

(c) Notification.

(d) Procedures for requesting consent of receiving

country.

(e) Conveyance of written consent to exporter.

(f) International agreements.

(g) Reports.

(h) Other standards.

6939. Domestic sewage.

(a) Report.

(b) Revisions of regulations.

(c) Report on wastewater lagoons.

(d) Application of sections 6927 and 6930.

6939a. Exposure information and health assessments.

(a) Exposure information.

(b) Health assessments.

(c) Members of the public.

(d) Priority.

(e) Periodic reports.

(f) "Health assessments" defined.

(g) Cost recovery.

6939b. Interim control of hazardous waste injection.

(a) Underground source of drinking water.

(b) Actions under Comprehensive Environmental

Response, Compensation, and Liability Act.

(c) Enforcement.

(d) Definitions.

6939c. Mixed waste inventory reports and plan.

(a) Mixed waste inventory reports.

(b) Plan for development of treatment capacities

and technologies.

(c) Schedule and progress reports.

6939d. Public vessels.

(a) Waste generated on public vessels.

(b) Computation of storage period.

(c) Definitions.

(d) Relationship to other law.

6939e. Federally owned treatment works.

(a) In general.

(b) Prohibition.

(c) Enforcement.

(d) "Federally owned treatment works" defined.

(e) Savings clause.

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

6941. Objectives of subchapter.

6941a. Energy and materials conservation and recovery;

Congressional findings.

6942. Federal guidelines for plans.

(a) Guidelines for identification of regions.

(b) Guidelines for State plans.

(c) Considerations for State plan guidelines.

6943. Requirements for approval of plans.

(a) Minimum requirements.

(b) Discretionary plan provisions relating to

recycled oil.

(c) Energy and materials conservation and recovery

feasibility planning and assistance.

(d) Size of waste-to-energy facilities.

6944. Criteria for sanitary landfills; sanitary landfills

required for all disposal.

(a) Criteria for sanitary landfills.

(b) Disposal required to be in sanitary landfills,

etc.

(c) Effective date.

6945. Upgrading of open dumps.

(a) Closing or upgrading of existing open dumps.

(b) Inventory.

(c) Control of hazardous disposal.

6946. Procedure for development and implementation of State

plan.

(a) Identification of regions.

(b) Identification of State and local agencies and

responsibilities.

(c) Interstate regions.

6947. Approval of State plan; Federal assistance.

(a) Plan approval.

(b) Eligibility of States for Federal financial

assistance.

(c) Existing activities.

6948. Federal assistance.

(a) Authorization of Federal financial assistance.

(b) State allotment.

(c) Distribution of Federal financial assistance

within the State.

(d) Technical assistance.

(e) Special communities.

(f) Assistance to States for discretionary program

for recycled oil.

(g) Assistance to municipalities for energy and

materials conservation and recovery planning

activities.

6949. Rural communities assistance.

(a) In general.

(b) Allotment.

(c) Limit.

(d) Authorization of appropriations.

6949a. Adequacy of certain guidelines and criteria.

(a) Study.

(b) Report.

(c) Revisions of guidelines and criteria.

SUBCHAPTER V - DUTIES OF SECRETARY OF COMMERCE IN RESOURCE AND

RECOVERY

6951. Functions.

6952. Development of specifications for secondary materials.

6953. Development of markets for recovered materials.

6954. Technology promotion.

6955. Marketing policies, establishment; nondiscrimination

requirement.

6956. Authorization of appropriations.

SUBCHAPTER VI - FEDERAL RESPONSIBILITIES

6961. Application of Federal, State, and local law to

Federal facilities.

(a) In general.

(b) Administrative enforcement actions.

(c) Limitation on State use of funds collected from

Federal Government.

6962. Federal procurement.

(a) Application of section.

(b) Procurement subject to other law.

(c) Requirements.

(d) Specifications.

(e) Guidelines.

(f) Procurement of services.

(g) Executive Office.

(h) "Recovered materials" defined.

(i) Procurement program.

6963. Cooperation with Environmental Protection Agency.

(a) General rule.

(b) Information relating to energy and materials

conservation and recovery.

6964. Applicability of solid waste disposal guidelines to

Executive agencies.

(a) Compliance.

(b) Licenses and permits.

6965. Chief Financial Officer report.

SUBCHAPTER VII - MISCELLANEOUS PROVISIONS

6971. Employee protection.

(a) General.

(b) Remedy.

(c) Costs.

(d) Exception.

(e) Employment shifts and loss.

(f) Occupational safety and health.

6972. Citizen suits.

(a) In general.

(b) Actions prohibited.

(c) Notice.

(d) Intervention.

(e) Costs.

(f) Other rights preserved.

(g) Transporters.

6973. Imminent hazard.

(a) Authority of Administrator.

(b) Violations.

(c) Immediate notice.

(d) Public participation in settlements.

6974. Petition for regulations; public participation.

(a) Petition.

(b) Public participation.

6975. Separability.

6976. Judicial review.

(a) Review of final regulations and certain

petitions.

(b) Review of certain actions under sections 6925

and 6926 of this title.

6977. Grants or contracts for training projects.

(a) General authority.

(b) Purposes.

6978. Payments.

(a) General rule.

(b) Prohibition.

6979. Labor standards.

6979a. Transferred.

6979b. Law enforcement authority.

SUBCHAPTER VIII - RESEARCH, DEVELOPMENT, DEMONSTRATION, AND

INFORMATION

6981. Research, demonstration, training, and other

activities.

(a) General authority.

(b) Management program.

(c) Authorities.

6982. Special studies; plans for research, development, and

demonstrations.

(a) Glass and plastic.

(b) Composition of waste stream.

(c) Priorities study.

(d) Small-scale and low technology study.

(e) Front-end source separation.

(f) Mining waste.

(g) Sludge.

(h) Tires.

(i) Resource recovery facilities.

(j) Resource Conservation Committee.

(k) Airport landfills.

(l) Completion of research and studies.

(m) Drilling fluids, produced waters, and other

wastes associated with the exploration,

development, or production of crude oil or

natural gas or geothermal energy.

(n) Materials generated from the combustion of coal

and other fossil fuels.

(o) Cement kiln dust waste.

(p) Materials generated from extraction,

beneficiation, and processing of ores and

minerals, including phosphate rock and

overburden from uranium mining.

(q) Authorization of appropriations.

(r) Minimization of hazardous waste.

(s) Extending landfill life and reusing landfilled

areas.

6983. Coordination, collection, and dissemination of

information.

(a) Information.

(b) Library.

(c) Model accounting system.

(d) Model codes.

(e) Information programs.

(f) Coordination.

(g) Special restriction.

6984. Full-scale demonstration facilities.

(a) Authority.

(b) Time limitation.

(c) Cost sharing.

(d) Prohibition.

6985. Special study and demonstration projects on recovery

of useful energy and materials.

(a) Studies.

(b) Demonstration.

(c) Application of other sections.

6986. Grants for resource recovery systems and improved

solid waste disposal facilities.

(a) Authority.

(b) Conditions.

(c) Limitations.

(d) Regulations.

(e) Additional limitations.

(f) Single State.

6987. Authorization of appropriations.

SUBCHAPTER IX - REGULATION OF UNDERGROUND STORAGE TANKS

6991. Definitions and exemptions.

6991a. Notification.

(a) Underground storage tanks.

(b) Agency designation.

(c) State inventories.

6991b. Release detection, prevention, and correction

regulations.

(a) Regulations.

(b) Distinctions in regulations.

(c) Requirements.

(d) Financial responsibility.

(e) New tank performance standards.

(f) Effective dates.

(g) Interim prohibition.

(h) EPA response program for petroleum.

6991c. Approval of State programs.

(a) Elements of State program.

(b) Federal standards.

(c) Financial responsibility.

(d) EPA determination.

(e) Withdrawal of authorization.

6991d. Inspections, monitoring, testing, and corrective

action.

(a) Furnishing information.

(b) Confidentiality.

6991e. Federal enforcement.

(a) Compliance orders.

(b) Procedure.

(c) Contents of order.

(d) Civil penalties.

6991f. Federal facilities.

(a) Application of subchapter.

(b) Presidential exemption.

6991g. State authority.

6991h. Study of underground storage tanks.

(a) Petroleum tanks.

(b) Other tanks.

(c) Elements of studies.

(d) Farm and heating oil tanks.

(e) Reports.

(f) Reimbursement.

6991i. Authorization of appropriations.

SUBCHAPTER X - DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM

6992. Scope of demonstration program for medical waste.

(a) Covered States.

(b) Opt out.

(c) Petition in.

(d) Expiration of demonstration program.

6992a. Listing of medical wastes.

(a) List.

(b) Exclusions from list.

6992b. Tracking of medical waste.

(a) Demonstration program.

(b) Small quantities.

(c) On-site incinerators.

(d) Type of medical waste and types of generators.

6992c. Inspections.

(a) Requirements for access.

(b) Procedures.

(c) Availability to public.

6992d. Enforcement.

(a) Compliance orders.

(b) Criminal penalties.

(c) Knowing endangerment.

(d) Civil penalties.

(e) Civil penalty policy.

6992e. Federal facilities.

(a) In general.

(b) "Person" defined.

6992f. Relationship to State law.

(a) State inspections and enforcement.

(b) Retention of State authority.

(c) State forms.

6992g. Repealed.

6992h. Health impacts report.

6992i. General provisions.

(a) Consultation.

(b) Public comment.

(c) Relationship to subchapter III.

6992j. Effective date.

6992k. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 300h-6, 300h-7, 2022,

2114, 4365, 4368b, 5919, 7412, 7429, 8302, 9601, 9604, 9613, 9614,

9619, 6920, 9621, 9627, 9628, 9659, 9660, 14323 of this title;

title 7 section 136q; title 10 sections 2708, 7311; title 16

section 460lll; title 18 section 1956; title 25 section 3908; title

26 section 468; title 30 section 1292; title 33 sections 1319,

2602, 2622, 2718; title 49 section 14901.

-End-

-CITE-

42 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

42 USC Sec. 6901 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6901. Congressional findings

-STATUTE-

(a) Solid waste

The Congress finds with respect to solid waste -

(1) that the continuing technological progress and improvement

in methods of manufacture, packaging, and marketing of consumer

products has resulted in an ever-mounting increase, and in a

change in the characteristics, of the mass material discarded by

the purchaser of such products;

(2) that the economic and population growth of our Nation, and

the improvements in the standard of living enjoyed by our

population, have required increased industrial production to meet

our needs, and have made necessary the demolition of old

buildings, the construction of new buildings, and the provision

of highways and other avenues of transportation, which, together

with related industrial, commercial, and agricultural operations,

have resulted in a rising tide of scrap, discarded, and waste

materials;

(3) that the continuing concentration of our population in

expanding metropolitan and other urban areas has presented these

communities with serious financial, management,

intergovernmental, and technical problems in the disposal of

solid wastes resulting from the industrial, commercial, domestic,

and other activities carried on in such areas;

(4) that while the collection and disposal of solid wastes

should continue to be primarily the function of State, regional,

and local agencies, the problems of waste disposal as set forth

above have become a matter national in scope and in concern and

necessitate Federal action through financial and technical

assistance and leadership in the development, demonstration, and

application of new and improved methods and processes to reduce

the amount of waste and unsalvageable materials and to provide

for proper and economical solid waste disposal practices.

(b) Environment and health

The Congress finds with respect to the environment and health,

that -

(1) although land is too valuable a national resource to be

needlessly polluted by discarded materials, most solid waste is

disposed of on land in open dumps and sanitary landfills;

(2) disposal of solid waste and hazardous waste in or on the

land without careful planning and management can present a danger

to human health and the environment;

(3) as a result of the Clean Air Act [42 U.S.C. 7401 et seq.],

the Water Pollution Control Act [33 U.S.C. 1251 et seq.], and

other Federal and State laws respecting public health and the

environment, greater amounts of solid waste (in the form of

sludge and other pollution treatment residues) have been created.

Similarly, inadequate and environmentally unsound practices for

the disposal or use of solid waste have created greater amounts

of air and water pollution and other problems for the environment

and for health;

(4) open dumping is particularly harmful to health,

contaminates drinking water from underground and surface

supplies, and pollutes the air and the land;

(5) the placement of inadequate controls on hazardous waste

management will result in substantial risks to human health and

the environment;

(6) if hazardous waste management is improperly performed in

the first instance, corrective action is likely to be expensive,

complex, and time consuming;

(7) certain classes of land disposal facilities are not capable

of assuring long-term containment of certain hazardous wastes,

and to avoid substantial risk to human health and the

environment, reliance on land disposal should be minimized or

eliminated, and land disposal, particularly landfill and surface

impoundment, should be the least favored method for managing

hazardous wastes; and

(8) alternatives to existing methods of land disposal must be

developed since many of the cities in the United States will be

running out of suitable solid waste disposal sites within five

years unless immediate action is taken.

(c) Materials

The Congress finds with respect to materials, that -

(1) millions of tons of recoverable material which could be

used are needlessly buried each year;

(2) methods are available to separate usable materials from

solid waste; and

(3) the recovery and conservation of such materials can reduce

the dependence of the United States on foreign resources and

reduce the deficit in its balance of payments.

(d) Energy

The Congress finds with respect to energy, that -

(1) solid waste represents a potential source of solid fuel,

oil, or gas that can be converted into energy;

(2) the need exists to develop alternative energy sources for

public and private consumption in order to reduce our dependence

on such sources as petroleum products, natural gas, nuclear and

hydroelectric generation; and

(3) technology exists to produce usable energy from solid

waste.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 1002, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2796; amended Pub. L. 95-609, Sec. 7(a),

Nov. 8, 1978, 92 Stat. 3081; Pub. L. 98-616, title I, Sec. 101(a),

Nov. 8, 1984, 98 Stat. 3224.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (b)(3), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 7401 of this title and Tables.

The Water Pollution Control Act, referred to in subsec. (b)(3),

is act June 30, 1948, ch. 758, as amended generally by Pub. L.

92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified

generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation

and Navigable Waters. For complete classification of this Act to

the Code, see Short Title note set out under section 1251 of Title

33 and Tables.

-COD-

CODIFICATION

The statutory system governing the disposal of solid wastes set

out in this chapter is found in Pub. L. 89-272, title II, as

amended in its entirety and completely revised by section 2 of Pub.

L. 94-580, Oct. 21, 1976, 90 Stat. 2795. See Short Title of 1976

Amendment note below.

The act, as set out in this chapter, carries a statutory credit

showing the sections as having been added by Pub. L. 94-580,

without reference to amendments to the act between its original

enactment in 1965 and its complete revision in 1976. The act, as

originally enacted in 1965, was classified to section 3251 et seq.

of this title. For a recapitulation of the provisions of the act as

originally enacted, see notes in chapter 39 (Sec. 3251 et seq.) of

this title where the act was originally set out.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3251 of this title prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS

1984 - Subsec. (b)(5) to (8). Pub. L. 98-616 added pars. (5) to

(7), struck out former par. (5) providing that "hazardous waste

presents, in addition to the problems associated with non-hazardous

solid waste, special dangers to health and requires a greater

degree of regulation than does non-hazardous solid waste; and",

redesignated former par. (6) as (8), and substituted a period for

the semicolon at end.

1978 - Subsec. (a)(4). Pub. L. 95-609 substituted "solid waste"

for "solid-waste".

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-119, Sec. 1, Mar. 26, 1996, 110 Stat. 830, provided

that: "This Act [amending sections 6921, 6924, 6925, 6947, and

6949a of this title and enacting provisions set out as a note under

section 6949a of this title] may be cited as the 'Land Disposal

Program Flexibility Act of 1996'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-386, title I, Sec. 101, Oct. 6, 1992, 106 Stat. 1505,

provided that: "This title [enacting sections 6908, 6939c to 6939e,

and 6965 of this title, amending sections 6903, 6924, 6927, and

6961 of this title, and enacting provisions set out as notes under

sections 6939c and 6961 of this title] may be cited as the 'Federal

Facility Compliance Act of 1992'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-582, Sec. 1, Nov. 1, 1988, 102 Stat. 2950, provided

that: "This Act [enacting sections 6992 to 6992k of this title and

section 3063 of Title 18, Crimes and Criminal Procedure, and

amending section 6903 of this title] may be cited as the 'Medical

Waste Tracking Act of 1988'."

SHORT TITLE OF 1984 AMENDMENT

Section 1 of Pub. L. 98-616 provided that: "This Act [enacting

sections 6917, 6936 to 6939a, 6949a, 6979a, 6979b, and 6991 to

6991i of this title, amending this section and sections 6902, 6905,

6912, 6915, 6916, 6921 to 6933, 6935, 6941 to 6945, 6948, 6956,

6962, 6972, 6973, 6976, 6982 and 6984 of this title and enacting

provisions set out as notes under sections 6905, 6921 and 6926 of

this title] may be cited as 'The Hazardous and Solid Waste

Amendments of 1984'."

SHORT TITLE OF 1980 AMENDMENTS

Pub. L. 96-482, Sec. 1, Oct. 21, 1980, 94 Stat. 2334, provided:

"This Act [enacting sections 6933, 6934, 6941a, 6955, and 6956 of

this title, amending sections 6903, 6905, 6911, 6912, 6916, 6921,

6922, 6924, 6925, 6927 to 6931, 6941 to 6943, 6945, 6946, 6948,

6949, 6952, 6953, 6962, 6963, 6964, 6971, 6973, 6974, 6976, 6979,

and 6982 of this title; and enacting and repealing provisions set

out as a note under section 6981 of this title] may be cited as the

'Solid Waste Disposal Act Amendments of 1980'."

Pub. L. 96-463, Sec. 1, Oct. 15, 1980, 94 Stat. 2055, provided:

"This Act [enacting sections 6901a, 6914a and 6932 of this title,

amending sections 6903, 6943 and 6948 of this title, and enacting

provisions set out as notes under sections 6363 and 6932 of this

title] may be cited as the 'Used Oil Recycling Act of 1980'."

SHORT TITLE OF 1976 AMENDMENT

Section 1 of Pub. L. 94-580 provided that: "This Act [enacting

this chapter and provisions set out as notes under this section and

section 6981 of this title] may be cited as the 'Resource

Conservation and Recovery Act of 1976'."

SHORT TITLE

Section 1001 of Pub. L. 89-272, as added Pub. L. 94-580, Sec. 2,

Oct. 21, 1976, 90 Stat. 2795, provided in part that title II of

Pub. L. 89-272 [enacting this chapter] may be cited as the "Solid

Waste Disposal Act".

FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS

For provisions relating to the responsibility of the head of each

Executive agency for compliance with applicable pollution control

standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,

set out as a note under section 4321 of this title.

NATIONAL COMMISSION ON MATERIALS POLICY

Pub. L. 91-512, title II, Secs. 201-206, Oct. 26, 1970, 84 Stat.

1234, known as the "National Materials Policy Act of 1970",

provided for the establishment of the National Commission on

Materials Policy to make a full investigation and study for the

purpose of developing a national materials policy to utilize

present resources and technology more efficiently and to anticipate

the future materials requirements of the Nation and the world, the

Commission to submit to the President and Congress a report on its

findings and recommendations no later than June 30, 1973, ninety

days after the submission of which it should cease to exist.

-End-

-CITE-

42 USC Sec. 6901a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6901a. Congressional findings: used oil recycling

-STATUTE-

The Congress finds and declares that -

(1) used oil is a valuable source of increasingly scarce energy

and materials;

(2) technology exists to re-refine, reprocess, reclaim, and

otherwise recycle used oil;

(3) used oil constitutes a threat to public health and the

environment when reused or disposed of improperly; and

that, therefore, it is in the national interest to recycle used oil

in a manner which does not constitute a threat to public health and

the environment and which conserves energy and materials.

-SOURCE-

(Pub. L. 96-463, Sec. 2, Oct. 15, 1980, 94 Stat. 2055.)

-COD-

CODIFICATION

Section was enacted as part of the Used Oil Recycling Act of

1980, and not as part of the Solid Waste Disposal Act which

comprises this chapter.

-End-

-CITE-

42 USC Sec. 6902 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6902. Objectives and national policy

-STATUTE-

(a) Objectives

The objectives of this chapter are to promote the protection of

health and the environment and to conserve valuable material and

energy resources by -

(1) providing technical and financial assistance to State and

local governments and interstate agencies for the development of

solid waste management plans (including resource recovery and

resource conservation systems) which will promote improved solid

waste management techniques (including more effective

organizational arrangements), new and improved methods of

collection, separation, and recovery of solid waste, and the

environmentally safe disposal of nonrecoverable residues;

(2) providing training grants in occupations involving the

design, operation, and maintenance of solid waste disposal

systems;

(3) prohibiting future open dumping on the land and requiring

the conversion of existing open dumps to facilities which do not

pose a danger to the environment or to health;

(4) assuring that hazardous waste management practices are

conducted in a manner which protects human health and the

environment;

(5) requiring that hazardous waste be properly managed in the

first instance thereby reducing the need for corrective action at

a future date;

(6) minimizing the generation of hazardous waste and the land

disposal of hazardous waste by encouraging process substitution,

materials recovery, properly conducted recycling and reuse, and

treatment;

(7) establishing a viable Federal-State partnership to carry

out the purposes of this chapter and insuring that the

Administrator will, in carrying out the provisions of subchapter

III of this chapter, give a high priority to assisting and

cooperating with States in obtaining full authorization of State

programs under subchapter III of this chapter;

(8) providing for the promulgation of guidelines for solid

waste collection, transport, separation, recovery, and disposal

practices and systems;

(9) promoting a national research and development program for

improved solid waste management and resource conservation

techniques, more effective organizational arrangements, and new

and improved methods of collection, separation, and recovery, and

recycling of solid wastes and environmentally safe disposal of

nonrecoverable residues;

(10) promoting the demonstration, construction, and application

of solid waste management, resource recovery, and resource

conservation systems which preserve and enhance the quality of

air, water, and land resources; and

(11) establishing a cooperative effort among the Federal,

State, and local governments and private enterprise in order to

recover valuable materials and energy from solid waste.

(b) National policy

The Congress hereby declares it to be the national policy of the

United States that, wherever feasible, the generation of hazardous

waste is to be reduced or eliminated as expeditiously as possible.

Waste that is nevertheless generated should be treated, stored, or

disposed of so as to minimize the present and future threat to

human health and the environment.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 1003, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2798; amended Pub. L. 98-616, title I,

Sec. 101(b), Nov. 8, 1984, 98 Stat. 3224.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3251 of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-616, Sec. 101(b)(1), designated

existing provisions as subsec. (a).

Subsec. (a)(4) to (11). Pub. L. 98-616, Sec. 101(b)(2), struck

out par. (4) which provided for regulating the treatment, storage,

transportation, and disposal of hazardous wastes which have adverse

effects on health and the environment, added pars. (4) to (7), and

redesignated former pars. (5) to (8) as (8) to (11), respectively.

Subsec. (b). Pub. L. 98-616, Sec. 101(b)(1), added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6982 of this title.

-End-

-CITE-

42 USC Sec. 6903 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6903. Definitions

-STATUTE-

As used in this chapter:

(1) The term "Administrator" means the Administrator of the

Environmental Protection Agency.

(2) The term "construction," with respect to any project of

construction under this chapter, means (A) the erection or building

of new structures and acquisition of lands or interests therein, or

the acquisition, replacement, expansion, remodeling, alteration,

modernization, or extension of existing structures, and (B) the

acquisition and installation of initial equipment of, or required

in connection with, new or newly acquired structures or the

expanded, remodeled, altered, modernized or extended part of

existing structures (including trucks and other motor vehicles, and

tractors, cranes, and other machinery) necessary for the proper

utilization and operation of the facility after completion of the

project; and includes preliminary planning to determine the

economic and engineering feasibility and the public health and

safety aspects of the project, the engineering, architectural,

legal, fiscal, and economic investigations and studies, and any

surveys, designs, plans, working drawings, specifications, and

other action necessary for the carrying out of the project, and (C)

the inspection and supervision of the process of carrying out the

project to completion.

(2A) The term "demonstration" means the initial exhibition of a

new technology process or practice or a significantly new

combination or use of technologies, processes or practices,

subsequent to the development stage, for the purpose of proving

technological feasibility and cost effectiveness.

(3) The term "disposal" means the discharge, deposit, injection,

dumping, spilling, leaking, or placing of any solid waste or

hazardous waste into or on any land or water so that such solid

waste or hazardous waste or any constituent thereof may enter the

environment or be emitted into the air or discharged into any

waters, including ground waters.

(4) The term "Federal agency" means any department, agency, or

other instrumentality of the Federal Government, any independent

agency or establishment of the Federal Government including any

Government corporation, and the Government Printing Office.

(5) The term "hazardous waste" means a solid waste, or

combination of solid wastes, which because of its quantity,

concentration, or physical, chemical, or infectious characteristics

may -

(A) cause, or significantly contribute to an increase in

mortality or an increase in serious irreversible, or

incapacitating reversible, illness; or

(B) pose a substantial present or potential hazard to human

health or the environment when improperly treated, stored,

transported, or disposed of, or otherwise managed.

(6) The term "hazardous waste generation" means the act or

process of producing hazardous waste.

(7) The term "hazardous waste management" means the systematic

control of the collection, source separation, storage,

transportation, processing, treatment, recovery, and disposal of

hazardous wastes.

(8) For purposes of Federal financial assistance (other than

rural communities assistance), the term "implementation" does not

include the acquisition, leasing, construction, or modification of

facilities or equipment or the acquisition, leasing, or improvement

of land.

(9) The term "intermunicipal agency" means an agency established

by two or more municipalities with responsibility for planning or

administration of solid waste.

(10) The term "interstate agency" means an agency of two or more

municipalities in different States, or an agency established by two

or more States, with authority to provide for the management of

solid wastes and serving two or more municipalities located in

different States.

(11) The term "long-term contract" means, when used in relation

to solid waste supply, a contract of sufficient duration to assure

the viability of a resource recovery facility (to the extent that

such viability depends upon solid waste supply).

(12) The term "manifest" means the form used for identifying the

quantity, composition, and the origin, routing, and destination of

hazardous waste during its transportation from the point of

generation to the point of disposal, treatment, or storage.

(13) The term "municipality" (A) means a city, town, borough,

county, parish, district, or other public body created by or

pursuant to State law, with responsibility for the planning or

administration of solid waste management, or an Indian tribe or

authorized tribal organization or Alaska Native village or

organization, and (B) includes any rural community or

unincorporated town or village or any other public entity for which

an application for assistance is made by a State or political

subdivision thereof.

(14) The term "open dump" means any facility or site where solid

waste is disposed of which is not a sanitary landfill which meets

the criteria promulgated under section 6944 of this title and which

is not a facility for disposal of hazardous waste.

(15) The term "person" means an individual, trust, firm, joint

stock company, corporation (including a government corporation),

partnership, association, State, municipality, commission,

political subdivision of a State, or any interstate body and shall

include each department, agency, and instrumentality of the United

States.

(16) The term "procurement item" means any device, good,

substance, material, product, or other item whether real or

personal property which is the subject of any purchase, barter, or

other exchange made to procure such item.

(17) The term "procuring agency" means any Federal agency, or any

State agency or agency of a political subdivision of a State which

is using appropriated Federal funds for such procurement, or any

person contracting with any such agency with respect to work

performed under such contract.

(18) The term "recoverable" refers to the capability and

likelihood of being recovered from solid waste for a commercial or

industrial use.

(19) The term "recovered material" means waste material and

byproducts which have been recovered or diverted from solid waste,

but such term does not include those materials and byproducts

generated from, and commonly reused within, an original

manufacturing process.

(20) The term "recovered resources" means material or energy

recovered from solid waste.

(21) The term "resource conservation" means reduction of the

amounts of solid waste that are generated, reduction of overall

resource consumption, and utilization of recovered resources.

(22) The term "resource recovery" means the recovery of material

or energy from solid waste.

(23) The term "resource recovery system" means a solid waste

management system which provides for collection, separation,

recycling, and recovery of solid wastes, including disposal of

nonrecoverable waste residues.

(24) The term "resource recovery facility" means any facility at

which solid waste is processed for the purpose of extracting,

converting to energy, or otherwise separating and preparing solid

waste for reuse.

(25) The term "regional authority" means the authority

established or designated under section 6946 of this title.

(26) The term "sanitary landfill" means a facility for the

disposal of solid waste which meets the criteria published under

section 6944 of this title.

(26A) The term "sludge" means any solid, semisolid or liquid

waste generated from a municipal, commercial, or industrial

wastewater treatment plant, water supply treatment plant, or air

pollution control facility or any other such waste having similar

characteristics and effects.

(27) The term "solid waste" means any garbage, refuse, sludge

from a waste treatment plant, water supply treatment plant, or air

pollution control facility and other discarded material, including

solid, liquid, semisolid, or contained gaseous material resulting

from industrial, commercial, mining, and agricultural operations,

and from community activities, but does not include solid or

dissolved material in domestic sewage, or solid or dissolved

materials in irrigation return flows or industrial discharges which

are point sources subject to permits under section 1342 of title

33, or source, special nuclear, or byproduct material as defined by

the Atomic Energy Act of 1954, as amended (68 Stat. 923) [42 U.S.C.

2011 et seq.].

(28) The term "solid waste management" means the systematic

administration of activities which provide for the collection,

source separation, storage, transportation, transfer, processing,

treatment, and disposal of solid waste.

(29) The term "solid waste management facility" includes -

(A) any resource recovery system or component thereof,

(B) any system, program, or facility for resource conservation,

and

(C) any facility for the collection, source separation,

storage, transportation, transfer, processing, treatment or

disposal of solid wastes, including hazardous wastes, whether

such facility is associated with facilities generating such

wastes or otherwise.

(30) The terms "solid waste planning", "solid waste management",

and "comprehensive planning" include planning or management

respecting resource recovery and resource conservation.

(31) The term "State" means any of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, American Samoa, and the Commonwealth of the Northern

Mariana Islands.

(32) The term "State authority" means the agency established or

designated under section 6947 of this title.

(33) The term "storage", when used in connection with hazardous

waste, means the containment of hazardous waste, either on a

temporary basis or for a period of years, in such a manner as not

to constitute disposal of such hazardous waste.

(34) The term "treatment", when used in connection with hazardous

waste, means any method, technique, or process, including

neutralization, designed to change the physical, chemical, or

biological character or composition of any hazardous waste so as to

neutralize such waste or so as to render such waste nonhazardous,

safer for transport, amenable for recovery, amenable for storage,

or reduced in volume. Such term includes any activity or processing

designed to change the physical form or chemical composition of

hazardous waste so as to render it nonhazardous.

(35) The term "virgin material" means a raw material, including

previously unused copper, aluminum, lead, zinc, iron, or other

metal or metal ore, any undeveloped resource that is, or with new

technology will become, a source of raw materials.

(36) The term "used oil" means any oil which has been -

(A) refined from crude oil,

(B) used, and

(C) as a result of such use, contaminated by physical or

chemical impurities.

(37) The term "recycled oil" means any used oil which is reused,

following its original use, for any purpose (including the purpose

for which the oil was originally used). Such term includes oil

which is re-refined, reclaimed, burned, or reprocessed.

(38) The term "lubricating oil" means the fraction of crude oil

which is sold for purposes of reducing friction in any industrial

or mechanical device. Such term includes re-refined oil.

(39) The term "re-refined oil" means used oil from which the

physical and chemical contaminants acquired through previous use

have been removed through a refining process.

(40) Except as otherwise provided in this paragraph, the term

"medical waste" means any solid waste which is generated in the

diagnosis, treatment, or immunization of human beings or animals,

in research pertaining thereto, or in the production or testing of

biologicals. Such term does not include any hazardous waste

identified or listed under subchapter III of this chapter or any

household waste as defined in regulations under subchapter III of

this chapter.

(41) The term "mixed waste" means waste that contains both

hazardous waste and source, special nuclear, or by-product material

subject to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).

-SOURCE-

(Pub. L. 89-272, title II, Sec. 1004, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2798; amended Pub. L. 95-609, Sec. 7(b),

Nov. 8, 1978, 92 Stat. 3081; Pub. L. 96-463, Sec. 3, Oct. 15, 1980,

94 Stat. 2055; Pub. L. 96-482, Sec. 2, Oct. 21, 1980, 94 Stat.

2334; Pub. L. 100-582, Sec. 3, Nov. 1, 1988, 102 Stat. 2958; Pub.

L. 102-386, title I, Secs. 103, 105(b), Oct. 6, 1992, 106 Stat.

1507, 1512.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in pars. (27) and

(41), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 2011 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2011 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3252 of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS

1992 - Par. (15). Pub. L. 102-386, Sec. 103, inserted before

period at end "and shall include each department, agency, and

instrumentality of the United States".

Par. (41). Pub. L. 102-386, Sec. 105(b), added par. (41).

1988 - Par. (40). Pub. L. 100-582 added par. (40).

1980 - Par. (14). Pub. L. 96-482, Sec. 2(a), defined "open dump"

to include a facility, substituted requirement that disposal

facility or site not be a sanitary landfill meeting section 6944 of

this title criteria for prior requirement that disposal site not be

a sanitary landfill within meaning of section 6944 of this title,

and required that the disposal facility or site not be a facility

for disposal of hazardous waste.

Par. (19). Pub. L. 96-482, Sec. 2(b), defined "recovered

material" to cover byproducts, substituted provision for recovery

or diversion of waste material and byproducts from solid waste for

prior provision for collection or recovery of material from solid

waste, and excluded materials and byproducts generated from and

commonly reused within an original manufacturing process.

Pars. (36) to (39). Pub. L. 96-463, Sec. 3, added pars. (36) to

(39).

1978 - Par. (8). Pub. L. 95-609, Sec. 7(b)(1), struck out

provision stating that employees' salaries due pursuant to

subchapter IV of this chapter would not be included after Dec. 31,

1979.

Par. (10). Pub. L. 95-609, Sec. 7(b)(2), substituted "management"

for "disposal".

Par. (29)(C). Pub. L. 95-609, Sec. 7(b)(3), substituted "the

collection, source separation, storage, transportation, transfer,

processing, treatment or disposal" for "the treatment".

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions of Administrator or other official of

Environmental Protection Agency related to compliance with resource

conservation and recovery permits used under this chapter with

respect to pre-construction, construction, and initial operation of

transportation system for Canadian and Alaskan natural gas

transferred to Federal Inspector, Office of Federal Inspector for

the Alaska Natural Gas Transportation System, until first

anniversary of date of initial operation of Alaska Natural Gas

Transportation System, see Reorg. Plan No. 1 of 1979, eff. July 1,

1979, Secs. 102(a), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, set out in the Appendix to Title 5, Government Organization

and Employees. Office of Federal Inspector for the Alaska Natural

Gas Transportation System abolished and functions and authority

vested in Inspector transferred to Secretary of Energy by section

3012(b) of Pub. L. 102-486, set out as an Abolition of Office of

Federal Inspector note under section 719e of Title 15, Commerce and

Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5919, 6921, 6939e, 6991,

9601, 9614 of this title; title 10 section 2708; title 25 section

3902; title 26 section 4662; title 33 section 2601; title 46 App.

section 883; title 49 sections 5702, 60128.

-End-

-CITE-

42 USC Sec. 6904 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6904. Governmental cooperation

-STATUTE-

(a) Interstate cooperation

The provisions of this chapter to be carried out by States may be

carried out by interstate agencies and provisions applicable to

States may apply to interstate regions where such agencies and

regions have been established by the respective States and approved

by the Administrator. In any such case, action required to be taken

by the Governor of a State, respecting regional designation shall

be required to be taken by the Governor of each of the respective

States with respect to so much of the interstate region as is

within the jurisdiction of that State.

(b) Consent of Congress to compacts

The consent of the Congress is hereby given to two or more States

to negotiate and enter into agreements or compacts, not in conflict

with any law or treaty of the United States, for -

(1) cooperative effort and mutual assistance for the management

of solid waste or hazardous waste (or both) and the enforcement

of their respective laws relating thereto, and

(2) the establishment of such agencies, joint or otherwise, as

they may deem desirable for making effective such agreements or

compacts.

No such agreement or compact shall be binding or obligatory upon

any State a party thereto unless it is agreed upon by all parties

to the agreement and until it has been approved by the

Administrator and the Congress.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 1005, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2801.)

-TRANS-

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, see note set out under section 6903 of this

title.

-End-

-CITE-

42 USC Sec. 6905 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6905. Application of chapter and integration with other Acts

-STATUTE-

(a) Application of chapter

Nothing in this chapter shall be construed to apply to (or to

authorize any State, interstate, or local authority to regulate)

any activity or substance which is subject to the Federal Water

Pollution Control Act [33 U.S.C. 1251 et seq.], the Safe Drinking

Water Act [42 U.S.C. 300f et seq.], the Marine Protection, Research

and Sanctuaries Act of 1972 [16 U.S.C. 1431 et seq., 1447 et seq.,

33 U.S.C. 1401 et seq., 2801 et seq.], or the Atomic Energy Act of

1954 [42 U.S.C. 2011 et seq.] except to the extent that such

application (or regulation) is not inconsistent with the

requirements of such Acts.

(b) Integration with other Acts

(1) The Administrator shall integrate all provisions of this

chapter for purposes of administration and enforcement and shall

avoid duplication, to the maximum extent practicable, with the

appropriate provisions of the Clean Air Act [42 U.S.C. 7401 et

seq.], the Federal Water Pollution Control Act [33 U.S.C. 1251 et

seq.], the Federal Insecticide, Fungicide, and Rodenticide Act [7

U.S.C. 136 et seq.], the Safe Drinking Water Act [42 U.S.C. 300f et

seq.], the Marine Protection, Research and Sanctuaries Act of 1972

[16 U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 2801

et seq.], and such other Acts of Congress as grant regulatory

authority to the Administrator. Such integration shall be effected

only to the extent that it can be done in a manner consistent with

the goals and policies expressed in this chapter and in the other

acts referred to in this subsection.

(2)(A) As promptly as practicable after November 8, 1984, the

Administrator shall submit a report describing -

(i) the current data and information available on emissions of

polychlorinated dibenzo-p-dioxins from resource recovery

facilities burning municipal solid waste;

(ii) any significant risks to human health posed by these

emissions; and

(iii) operating practices appropriate for controlling these

emissions.

(B) Based on the report under subparagraph (A) and on any future

information on such emissions, the Administrator may publish

advisories or guidelines regarding the control of dioxin emissions

from such facilities. Nothing in this paragraph shall be construed

to preempt or otherwise affect the authority of the Administrator

to promulgate any regulations under the Clean Air Act [42 U.S.C.

7401 et seq.] regarding emissions of polychlorinated

dibenzo-p-dioxins.

(3) Notwithstanding any other provisions of law, in developing

solid waste plans, it is the intention of this chapter that in

determining the size of a waste-to-energy facility, adequate

provisions shall be given to the present and reasonably anticipated

future needs, including those needs created by thorough

implementation of section 6962(h) of this title, of the recycling

and resource recovery interests within the area encompassed by the

solid waste plan.

(c) Integration with the Surface Mining Control and Reclamation Act

of 1977

(1) No later than 90 days after October 21, 1980, the

Administrator shall review any regulations applicable to the

treatment, storage, or disposal of any coal mining wastes or

overburden promulgated by the Secretary of the Interior under the

Surface Mining and Reclamation Act of 1977 [30 U.S.C. 1201 et

seq.]. If the Administrator determines that any requirement of

final regulations promulgated under any section of subchapter III

of this chapter relating to mining wastes or overburden is not

adequately addressed in such regulations promulgated by the

Secretary, the Administrator shall promptly transmit such

determination, together with suggested revisions and supporting

documentation, to the Secretary.

(2) The Secretary of the Interior shall have exclusive

responsibility for carrying out any requirement of subchapter III

of this chapter with respect to coal mining wastes or overburden

for which a surface coal mining and reclamation permit is issued or

approved under the Surface Mining Control and Reclamation Act of

1977 [30 U.S.C. 1201 et seq.]. The Secretary shall, with the

concurrence of the Administrator, promulgate such regulations as

may be necessary to carry out the purposes of this subsection and

shall integrate such regulations with regulations promulgated under

the Surface Mining Control and Reclamation Act of 1977.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 1006, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2802; amended Pub. L. 96-482, Sec. 3,

Oct. 21, 1980, 94 Stat. 2334; Pub. L. 98-616, title I, Sec. 102,

title V, Sec. 501(f)(2), Nov. 8, 1984, 98 Stat. 3225, 3276.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsecs.

(a) and (b), is act June 30, 1948, ch. 758, as amended generally by

Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is

classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33,

Navigation and Navigable Waters. For complete classification of

this Act to the Code, see Short Title note set out under section

1251 of Title 33 and Tables.

The Atomic Energy Act of 1954, as amended, referred to in subsec.

(a), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954,

ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 2011 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2011 of this title and Tables.

The Marine Protection, Research and Sanctuaries Act of 1972,

referred to in subsecs. (a) and (b), is Pub. L. 92-532, Oct. 23,

1972, 86 Stat. 1052, as amended, which enacted chapters 32 (Sec.

1431 et seq.) and 32A (Sec. 1447 et seq.) of Title 16,

Conservation, and chapters 27 (Sec. 1401 et seq.) and 41 (Sec. 2801

et seq.) of Title 33, Navigation and Navigable Waters. For complete

classification of this Act to the Code, see Short Title note set

out under section 1401 of Title 33 and Tables.

The Safe Drinking Water Act, referred to in subsecs. (a) and (b),

is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.

93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified

generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 201 of this title and

Tables.

The Clean Air Act, referred to in subsec. (b)(1), (2)(B), is act

July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is

classified generally to chapter 85 (Sec. 7401 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 7401 of this title and

Tables.

The Federal Insecticide, Fungicide, and Rodenticide Act, referred

to in subsec. (b), is act June 25, 1947, ch. 125, as amended

generally by Pub. L. 92-516, Oct. 21, 1972, 86 Stat. 973, which is

classified generally to subchapter II (Sec. 136 et seq.) of chapter

6 of Title 7, Agriculture. For complete classification of this Act

to the Code, see Short Title note set out under section 136 of

Title 7 and Tables.

The Surface Mining Control and Reclamation Act of 1977, referred

to in subsec. (c), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, as

amended, which is classified generally to chapter 25 (Sec. 1201 et

seq.) of Title 30, Mineral Lands and Mining. For complete

classification of this Act to the Code, see Short Title note set

out under section 1201 of Title 30 and Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3257 of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS

1984 - Subsec. (b)(1), (2). Pub. L. 98-616, Sec. 102, designated

existing provisions as par. (1) and added par. (2).

Subsec. (b)(3). Pub. L. 98-616, Sec. 501(f)(2), added par. (3).

1980 - Subsec. (c). Pub. L. 96-482 added subsec. (c).

-TRANS-

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, see note set out under section 6903 of this

title.

-MISC2-

URANIUM MILL TAILINGS

Section 703 of Pub. L. 98-616 provided that: "Nothing in the

Hazardous and Solid Waste Amendments of 1984 [see Short Title of

1984 Amendment note set out under section 6901 of this title] shall

be construed to affect, modify, or amend the Uranium Mill Tailings

Radiation Control Act of 1978 [42 U.S.C. 7901 et seq.]".

-End-

-CITE-

42 USC Sec. 6906 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6906. Financial disclosure

-STATUTE-

(a) Statement

Each officer or employee of the Administrator who -

(1) performs any function or duty under this chapter; and

(2) has any known financial interest in any person who applies

for or receives financial assistance under this chapter

shall, beginning on February 1, 1977, annually file with the

Administrator a written statement concerning all such interests

held by such officer or employee during the preceding calendar

year. Such statement shall be available to the public.

(b) Action by Administrator

The Administrator shall -

(1) act within ninety days after October 21, 1976 -

(A) to define the term "known financial interest" for

purposes of subsection (a) of this section; and

(B) to establish the methods by which the requirement to file

written statements specified in subsection (a) of this section

will be monitored and enforced, including appropriate provision

for the filing by such officers and employees of such

statements and the review by the Administrator of such

statements; and

(2) report to the Congress on June 1, 1978, and of each

succeeding calendar year with respect to such disclosures and the

actions taken in regard thereto during the preceding calendar

year.

(c) Exemption

In the rules prescribed under subsection (b) of this section, the

Administrator may identify specific positions within the

Environmental Protection Agency which are of a nonpolicy-making

nature and provide that officers or employees occupying such

positions shall be exempt from the requirements of this section.

(d) Penalty

Any officer or employee who is subject to, and knowingly

violates, this section shall be fined not more than $2,500 or

imprisoned not more than one year, or both.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 1007, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2802.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (b)(2) of this section, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and the 14th item on page 164 of House

Document No. 103-7.

-TRANS-

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, see note set out under section 6903 of this

title.

-End-

-CITE-

42 USC Sec. 6907 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6907. Solid waste management information and guidelines

-STATUTE-

(a) Guidelines

Within one year of October 21, 1976, and from time to time

thereafter, the Administrator shall, in cooperation with

appropriate Federal, State, municipal, and intermunicipal agencies,

and in consultation with other interested persons, and after public

hearings, develop and publish suggested guidelines for solid waste

management. Such suggested guidelines shall -

(1) provide a technical and economic description of the level

of performance that can be attained by various available solid

waste management practices (including operating practices) which

provide for the protection of public health and the environment;

(2) not later than two years after October 21, 1976, describe

levels of performance, including appropriate methods and degrees

of control, that provide at a minimum for (A) protection of

public health and welfare; (B) protection of the quality of

ground waters and surface waters from leachates; (C) protection

of the quality of surface waters from runoff through compliance

with effluent limitations under the Federal Water Pollution

Control Act, as amended [33 U.S.C. 1251 et seq.]; (D) protection

of ambient air quality through compliance with new source

performance standards or requirements of air quality

implementation plans under the Clean Air Act, as amended [42

U.S.C. 7401 et seq.]; (E) disease and vector control; (F) safety;

and (G) esthetics; and

(3) provide minimum criteria to be used by the States to define

those solid waste management practices which constitute the open

dumping of solid waste or hazardous waste and are to be

prohibited under subchapter IV of this chapter.

Where appropriate, such suggested guidelines also shall include

minimum information for use in deciding the adequate location,

design, and construction of facilities associated with solid waste

management practices, including the consideration of regional,

geographic, demographic, and climatic factors.

(b) Notice

The Administrator shall notify the Committee on Environment and

Public Works of the Senate and the Committee on Energy and Commerce

of the House of Representatives a reasonable time before publishing

any suggested guidelines or proposed regulations under this chapter

of the content of such proposed suggested guidelines or proposed

regulations under this chapter.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 1008, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2803; amended Pub. L. 95-609, Sec. 7(c),

(d), Nov. 8, 1978, 92 Stat. 3081; Pub. L. 103-437, Sec. 15(r), Nov.

2, 1994, 108 Stat. 4594.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Water Pollution Control Act, referred to in subsec.

(a)(2), is act June 30, 1948, ch. 758, as amended generally by Pub.

L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified

generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation

and Navigable Waters. For complete classification of this Act to

the Code, see Short Title note set out under section 1251 of Title

33 and Tables.

The Clean Air Act, as amended, referred to in subsec. (a)(2), is

act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is

classified generally to chapter 85 (Sec. 7401 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 7401 of this title and

Tables.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3254c of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-437 substituted "Committee on

Environment and Public Works of the Senate and the Committee on

Energy and Commerce of the House" for "Committee on Public Works of

the Senate and the Committee on Interstate and Foreign Commerce of

the House".

1978 - Subsec. (a)(3). Pub. L. 95-609, Sec. 7(c), substituted

"subchapter IV of this chapter" for "title IV of this Act".

Subsec. (b). Pub. L. 95-609, Sec. 7(d), struck out "pursuant to

this section" after "any suggested guidelines" and inserted "or

proposed regulations under this chapter" after "suggested

guidelines" in two places.

-CHANGE-

CHANGE OF NAME

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.

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5919, 5920, 6945, 6948,

6949a, 6964, 6981, 6984, 6986 of this title.

-End-

-CITE-

42 USC Sec. 6908 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6908. Small town environmental planning

-STATUTE-

(a) Establishment

The Administrator of the Environmental Protection Agency

(hereafter referred to as the "Administrator") shall establish a

program to assist small communities in planning and financing

environmental facilities. The program shall be known as the "Small

Town Environmental Planning Program".

(b) Small Town Environmental Planning Task Force

(1) The Administrator shall establish a Small Town Environmental

Planning Task Force which shall be composed of representatives of

small towns from different areas of the United States, Federal and

State governmental agencies, and public interest groups. The

Administrator shall terminate the Task Force not later than 2 years

after the establishment of the Task Force.

(2) The Task Force shall -

(A) identify regulations developed pursuant to Federal

environmental laws which pose significant compliance problems for

small towns;

(B) identify means to improve the working relationship between

the Environmental Protection Agency (hereafter referred to as the

Agency) and small towns;

(C) review proposed regulations for the protection of the

environmental and public health and suggest revisions that could

improve the ability of small towns to comply with such

regulations;

(D) identify means to promote regionalization of environmental

treatment systems and infrastructure serving small towns to

improve the economic condition of such systems and

infrastructure; and

(E) provide such other assistance to the Administrator as the

Administrator deems appropriate.

(c) Identification of environmental requirements

(1) Not later than 6 months after October 6, 1992, the

Administrator shall publish a list of requirements under Federal

environmental and public health statutes (and the regulations

developed pursuant to such statutes) applicable to small towns. Not

less than annually, the Administrator shall make such additions and

deletions to and from the list as the Administrator deems

appropriate.

(2) The Administrator shall, as part of the Small Town

Environmental Planning Program under this section, implement a

program to notify small communities of the regulations identified

under paragraph (1) and of future regulations and requirements

through methods that the Administrator determines to be effective

to provide information to the greatest number of small communities,

including any of the following:

(A) Newspapers and other periodicals.

(B) Other news media.

(C) Trade, municipal, and other associations that the

Administrator determines to be appropriate.

(D) Direct mail.

(d) Small Town Ombudsman

The Administrator shall establish and staff an Office of the

Small Town Ombudsman. The Office shall provide assistance to small

towns in connection with the Small Town Environmental Planning

Program and other business with the Agency. Each regional office

shall identify a small town contact. The Small Town Ombudsman and

the regional contacts also may assist larger communities, but only

if first priority is given to providing assistance to small towns.

(e) Multi-media permits

(1) The Administrator shall conduct a study of establishing a

multi-media permitting program for small towns. Such evaluation

shall include an analysis of -

(A) environmental benefits and liabilities of a multi-media

permitting program;

(B) the potential of using such a program to coordinate a small

town's environmental and public health activities; and

(C) the legal barriers, if any, to the establishment of such a

program.

(2) Within 3 years after October 6, 1992, the Administrator shall

report to Congress on the results of the evaluation performed in

accordance with paragraph (1). Included in this report shall be a

description of the activities conducted pursuant to subsections (a)

through (d) of this section.

(f) "Small town" defined

For purposes of this section, the term "small town" means an

incorporated or unincorporated community (as defined by the

Administrator) with a population of less than 2,500 individuals.

(g) Authorization

There is authorized to be appropriated the sum of $500,000 to

implement this section.

-SOURCE-

(Pub. L. 102-386, title I, Sec. 109, Oct. 6, 1992, 106 Stat. 1515.)

-COD-

CODIFICATION

Section was enacted as part of the Federal Facility Compliance

Act of 1992, and not as part of the Solid Waste Disposal Act which

comprises this chapter.

-End-

-CITE-

42 USC Sec. 6908a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6908a. Agreements with Indian tribes

-STATUTE-

On and after October 21, 1998, the Administrator is authorized to

enter into assistance agreements with Federally (!1) recognized

Indian tribes on such terms and conditions as the Administrator

deems appropriate for the development and implementation of

programs to manage hazardous waste, and underground storage tanks.

-SOURCE-

(Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2499.)

-COD-

CODIFICATION

Section was enacted as part of the Departments of Veterans

Affairs and Housing and Urban Development, and Independent Agencies

Appropriations Act, 1999, and not as part of the Solid Waste

Disposal Act which comprises this chapter.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

42 USC SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES

OF THE ADMINISTRATOR 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-HEAD-

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 6948 of this title.

-End-

-CITE-

42 USC Sec. 6911 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-HEAD-

Sec. 6911. Office of Solid Waste and Interagency Coordinating

Committee

-STATUTE-

(a) Office of Solid Waste

The Administrator shall establish within the Environmental

Protection Agency an Office of Solid Waste (hereinafter referred to

as the "Office") to be headed by an Assistant Administrator of the

Environmental Protection Agency. The duties and responsibilities

(other than duties and responsibilities relating to research and

development) of the Administrator under this chapter (as modified

by applicable reorganization plans) shall be carried out through

the Office.

(b) Interagency Coordinating Committee

(1) There is hereby established an Interagency Coordinating

Committee on Federal Resource Conservation and Recovery Activities

which shall have the responsibility for coordinating all activities

dealing with resource conservation and recovery from solid waste

carried out by the Environmental Protection Agency, the Department

of Energy, the Department of Commerce, and all other Federal

agencies which conduct such activities pursuant to this chapter or

any other Act. For purposes of this subsection, the term "resource

conservation and recovery activities" shall include, but not be

limited to, all research, development and demonstration projects on

resource conservation or energy, or material, recovery from solid

waste, and all technical or financial assistance for State or local

planning for, or implementation of, projects related to resource

conservation or energy or material, recovery from solid waste. The

Committee shall be chaired by the Administrator of the

Environmental Protection Agency or such person as the Administrator

may designate. Members of the Committee shall include

representatives of the Department of Energy, the Department of

Commerce, the Department of the Treasury, and each other Federal

agency which the Administrator determines to have programs or

responsibilities affecting resource conservation or recovery.

(2) The Interagency Coordinating Committee shall include

oversight of the implementation of

(A) the May 1979 Memorandum of Understanding on Energy Recovery

from Municipal Solid Waste between the Environmental Protection

Agency and the Department of Energy;

(B) the May 30, 1978, Interagency Agreement between the

Department of Commerce and the Environmental Protection Agency on

the Implementation of the Resource Conservation and Recovery Act

[42 U.S.C. 6901 et seq.]; and

(C) any subsequent agreements between these agencies or other

Federal agencies which address Federal resource recovery or

conservation activities.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 2001, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2804; amended Pub. L. 96-482, Sec. 4(c),

Oct. 21, 1980, 94 Stat. 2335; Pub. L. 96-510, title III, Sec.

307(a), Dec. 11, 1980, 94 Stat. 2810.)

-REFTEXT-

REFERENCES IN TEXT

The Resource Conservation and Recovery Act, referred to in

subsec. (b)(2)(B), is Pub. L. 94-580, Oct. 21, 1976, 90 Stat. 2796,

which is classified generally to this chapter (Sec. 6901 et seq.).

For complete classification of this Act to the Code, see Short

Title note set out under section 6901 of this title and Tables.

-COD-

CODIFICATION

Subsection (b)(3) of this section, which required the Interagency

Coordinating Committee to submit to Congress on March 1 of each

year, a five-year action plan for Federal resource conservation or

recovery activities, terminated, effective May 15, 2000, pursuant

to section 3003 of Pub. L. 104-66, as amended, set out as a note

under section 1113 of Title 31, Money and Finance. See, also, the

2nd item on page 175 of House Document No. 103-7.

-MISC1-

AMENDMENTS

1980 - Subsec. (a). Pub. L. 96-510 substituted reference to

Assistant Administrator for reference to Deputy Assistant

Administrator.

Pub. L. 96-482 designated existing provisions as subsec. (a) and

added subsec. (b).

EFFECTIVE DATE OF 1980 AMENDMENT

Section 307(c) of Pub. L. 96-510 provided that: "The amendment

made by subsection (a) [amending this section] shall become

effective ninety days after the date of the enactment of this Act

[Dec. 11, 1980]."

-TRANS-

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, see note set out under section 6903 of this

title.

-End-

-CITE-

42 USC Sec. 6911a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-HEAD-

Sec. 6911a. Assistant Administrator of Environmental Protection

Agency; appointment, etc.

-STATUTE-

The Assistant Administrator of the Environmental Protection

Agency appointed to head the Office of Solid Waste shall be in

addition to the five Assistant Administrators of the Environmental

Protection Agency provided for in section 1(d) of Reorganization

Plan Numbered 3 of 1970 and the additional Assistant Administrator

provided by the Toxic Substances Control Act [15 U.S.C. 2601 et

seq.], shall be appointed by the President by and with the advice

and consent of the Senate.

-SOURCE-

(Pub. L. 96-510, title III, Sec. 307(b), Dec. 11, 1980, 94 Stat.

2810; Pub. L. 98-80, Sec. 2(c)(2)(B), Aug. 23, 1983, 97 Stat. 485.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Numbered 3 of 1970, referred to in text, is

set out in the Appendix to Title 5, Government Organization and

Employees.

The Toxic Substances Control Act, referred to in text, is Pub. L.

94-469, Oct. 11, 1976, 90 Stat. 2003, as amended, which is

classified generally to chapter 53 (Sec. 2601 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 2601 of Title 15

and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980, and not as part

of the Solid Waste Disposal Act which comprises this chapter.

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-80 struck out ", and shall be compensated at

the rate provided for Level IV of the Executive Schedule pay rates

under section 5315 of title 5" after "advice and consent of the

Senate".

EFFECTIVE DATE

Section effective Dec. 11, 1980, see section 9652 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4370a of this title.

-End-

-CITE-

42 USC Sec. 6912 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-HEAD-

Sec. 6912. Authorities of Administrator

-STATUTE-

(a) Authorities

In carrying out this chapter, the Administrator is authorized to

-

(1) prescribe, in consultation with Federal, State, and

regional authorities, such regulations as are necessary to carry

out his functions under this chapter;

(2) consult with or exchange information with other Federal

agencies undertaking research, development, demonstration

projects, studies, or investigations relating to solid waste;

(3) provide technical and financial assistance to States or

regional agencies in the development and implementation of solid

waste plans and hazardous waste management programs;

(4) consult with representatives of science, industry,

agriculture, labor, environmental protection and consumer

organizations, and other groups, as he deems advisable;

(5) utilize the information, facilities, personnel and other

resources of Federal agencies, including the National Institute

of Standards and Technology and the National Bureau of the

Census, on a reimbursable basis, to perform research and analyses

and conduct studies and investigations related to resource

recovery and conservation and to otherwise carry out the

Administrator's functions under this chapter; and

(6) to delegate to the Secretary of Transportation the

performance of any inspection or enforcement function under this

chapter relating to the transportation of hazardous waste where

such delegation would avoid unnecessary duplication of activity

and would carry out the objectives of this chapter and of chapter

51 of title 49.

(b) Revision of regulations

Each regulation promulgated under this chapter shall be reviewed

and, where necessary, revised not less frequently than every three

years.

(c) Criminal investigations

In carrying out the provisions of this chapter, the

Administrator, and duly-designated agents and employees of the

Environmental Protection Agency, are authorized to initiate and

conduct investigations under the criminal provisions of this

chapter, and to refer the results of these investigations to the

Attorney General for prosecution in appropriate cases.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 2002, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2804; amended Pub. L. 96-482, Sec. 5,

Oct. 21, 1980, 94 Stat. 2335; Pub. L. 98-616, title IV, Sec.

403(d)(4), Nov. 8, 1984, 98 Stat. 3272; Pub. L. 100-418, title V,

Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433.)

-COD-

CODIFICATION

In subsec. (a)(6), "chapter 51 of title 49" substituted for "the

Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et

seq.]" on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994,

108 Stat. 1378, the first section of which enacted subtitles II,

III, and V to X of Title 49, Transportation.

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(5). Pub. L. 100-418 substituted "National

Institute of Standards and Technology" for "National Bureau of

Standards".

1984 - Subsec. (c). Pub. L. 98-616 added subsec. (c).

1980 - Subsec. (a)(6). Pub. L. 96-482 added par. (6).

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6921 of this title.

-End-

-CITE-

42 USC Sec. 6913 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-HEAD-

Sec. 6913. Resource Recovery and Conservation Panels

-STATUTE-

The Administrator shall provide teams of personnel, including

Federal, State, and local employees or contractors (hereinafter

referred to as "Resource Conservation and Recovery Panels") to

provide Federal agencies, States and local governments upon request

with technical assistance on solid waste management, resource

recovery, and resource conservation. Such teams shall include

technical, marketing, financial, and institutional specialists, and

the services of such teams shall be provided without charge to

States or local governments.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 2003, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2804; amended Pub. L. 95-609, Sec. 7(e),

Nov. 8, 1978, 92 Stat. 3081.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-609 inserted "Federal agencies," after "to

provide".

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6916 of this title.

-End-

-CITE-

42 USC Sec. 6914 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-HEAD-

Sec. 6914. Grants for discarded tire disposal

-STATUTE-

(a) Grants

The Administrator shall make available grants equal to 5 percent

of the purchase price of tire shredders (including portable

shredders attached to tire collection trucks) to those eligible

applicants best meeting criteria promulgated under this section. An

eligible applicant may be any private purchaser, public body, or

public-private joint venture. Criteria for receiving grants shall

be promulgated under this section and shall include the policy to

offer any private purchaser the first option to receive a grant,

the policy to develop widespread geographic distribution of tire

shredding facilities, the need for such facilities within a

geographic area, and the projected risk and viability of any such

venture. In the case of an application under this section from a

public body, the Administrator shall first make a determination

that there are no private purchasers interested in making an

application before approving a grant to a public body.

(b) Authorization of appropriations

There is authorized to be appropriated $750,000 for each of the

fiscal years 1978 and 1979 to carry out this section.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 2004, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2805.)

-TRANS-

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, see note set out under section 6903 of this

title.

-End-

-CITE-

42 USC Sec. 6914a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-HEAD-

Sec. 6914a. Labeling of lubricating oil

-STATUTE-

For purposes of any provision of law which requires the labeling

of commodities, lubricating oil shall be treated as lawfully

labeled only if it bears the following statement, prominently

displayed:

-HEAD-

"DON'T POLLUTE - CONSERVE RESOURCES; RETURN USED OIL TO COLLECTION

CENTERS".

-SOURCE-

(Pub. L. 89-272, title II, Sec. 2005, as added Pub. L. 96-463, Sec.

4(a), Oct. 15, 1980, 94 Stat. 2056.)

-MISC1-

PRIOR PROVISIONS

A prior section 2005 of Pub. L. 89-272 was renumbered section

2006 and is classified to section 6915 of this title.

-End-

-CITE-

42 USC Sec. 6914b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-HEAD-

Sec. 6914b. Degradable plastic ring carriers; definitions

-STATUTE-

As used in this title -

(1) the term "regulated item" means any plastic ring carrier

device that contains at least one hole greater than 1 3/4 inches

in diameter which is made, used, or designed for the purpose of

packaging, transporting, or carrying multipackaged cans or

bottles, and which is of a size, shape, design, or type capable,

when discarded, of becoming entangled with fish or wildlife; and

(2) the term "naturally degradable material" means a material

which, when discarded, will be reduced to environmentally benign

subunits under the action of normal environmental forces, such

as, among others, biological decomposition, photodegradation, or

hydrolysis.

-SOURCE-

(Pub. L. 100-556, title I, Sec. 102, Oct. 28, 1988, 102 Stat.

2779.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, is title I of Pub. L. 100-556,

Oct. 28, 1988, 102 Stat. 2779, which enacted sections 6914b and

6914b-1 of this title, and provisions set out as a note under

section 6914b of this title. For complete classification of this

title to the Code, see Tables.

-COD-

CODIFICATION

Section was not enacted as part of the Solid Waste Disposal Act

which comprises this chapter.

-MISC1-

CONGRESSIONAL FINDINGS

Section 101 of Pub. L. 100-556 provided that: "The Congress finds

that -

"(1) plastic ring carrier devices have been found in large

quantities in the marine environment;

"(2) fish and wildlife have been known to have become entangled

in plastic ring carriers;

"(3) nondegradable plastic ring carrier devices can remain

intact in the marine environment for decades, posing a threat to

fish and wildlife; and

"(4) 16 States have enacted laws requiring that plastic ring

carrier devices be made from degradable material in order to

reduce litter and to protect fish and wildlife."

-End-

-CITE-

42 USC Sec. 6914b-1 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-HEAD-

Sec. 6914b-1. Regulation of plastic ring carriers

-STATUTE-

Not later than 24 months after October 28, 1988 (unless the

Administrator of the Environmental Protection Agency determines

that it is not feasible or that the byproducts of degradable

regulated items present a greater threat to the environment than

nondegradable regulated items), the Administrator of the

Environmental Protection Agency shall require, by regulation, that

any regulated item intended for use in the United States shall be

made of naturally degradable material which, when discarded,

decomposes within a period established by such regulation. The

period within which decomposition must occur after being discarded

shall be the shortest period of time consistent with the intended

use of the item and the physical integrity required for such use.

Such regulation shall allow a reasonable time for affected parties

to come into compliance, including the use of existing inventories.

-SOURCE-

(Pub. L. 100-556, title I, Sec. 103, Oct. 28, 1988, 102 Stat.

2779.)

-COD-

CODIFICATION

Section was not enacted as part of the Solid Waste Disposal Act

which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6914b of this title.

-End-

-CITE-

42 USC Sec. 6915 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-HEAD-

Sec. 6915. Annual report

-STATUTE-

The Administrator shall transmit to the Congress and the

President, not later than ninety days after the end of each fiscal

year, a comprehensive and detailed report on all activities of the

Office during the preceding fiscal year. Each such report shall

include -

(1) a statement of specific and detailed objectives for the

activities and programs conducted and assisted under this

chapter;

(2) statements of the Administrator's conclusions as to the

effectiveness of such activities and programs in meeting the

stated objectives and the purposes of this chapter, measured

through the end of such fiscal year;

(3) a summary of outstanding solid waste problems confronting

the Administrator, in order of priority;

(4) recommendations with respect to such legislation which the

Administrator deems necessary or desirable to assist in solving

problems respecting solid waste;

(5) all other information required to be submitted to the

Congress pursuant to any other provision of this chapter; and

(6) the Administrator's plans for activities and programs

respecting solid waste during the next fiscal year.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 2006, formerly Sec. 2005, as added

Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2805, and

renumbered Pub. L. 96-463, Sec. 4(a), Oct. 15, 1980, 94 Stat. 2056;

amended Pub. L. 98-616, title V, Sec. 502(b), Nov. 8, 1984, 98

Stat. 3276.)

-MISC1-

PRIOR PROVISIONS

A prior section 2006 of Pub. L. 89-272 was renumbered section

2007 and is classified to section 6916 of this title.

AMENDMENTS

1984 - Par. (1). Pub. L. 98-616 substituted "detailed" for

"detail".

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of this

section relating to transmittal of annual report to Congress, see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance, and the 19th item on

page 164 of House Document No. 103-7.

-TRANS-

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, see note set out under section 6903 of this

title.

-End-

-CITE-

42 USC Sec. 6916 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-HEAD-

Sec. 6916. General authorization

-STATUTE-

(a) General administration

There are authorized to be appropriated to the Administrator for

the purpose of carrying out the provisions of this chapter,

$35,000,000 for the fiscal year ending September 30, 1977,

$38,000,000 for the fiscal year ending September 30, 1978,

$42,000,000 for the fiscal year ending September 30, 1979,

$70,000,000 for the fiscal year ending September 30, 1980,

$80,000,000 for the fiscal year ending September 30, 1981,

$80,000,000 for the fiscal year ending September 30, 1982,

$70,000,000 for the fiscal year ending September 30, 1985,

$80,000,000 for the fiscal year ending September 30, 1986,

$80,000,000 for the fiscal year ending September 30, 1987, and

$80,000,000 for the fiscal year 1988.

(b) Resource Recovery and Conservation Panels

Not less than 20 percent of the amount appropriated under

subsection (a) of this section, or $5,000,000 per fiscal year,

whichever is less, shall be used only for purposes of Resource

Recovery and Conservation Panels established under section 6913 of

this title (including travel expenses incurred by such panels in

carrying out their functions under this chapter).

(c) Hazardous waste

Not less than 30 percent of the amount appropriated under

subsection (a) of this section shall be used only for purposes of

carrying out subchapter III of this chapter (relating to hazardous

waste) other than section 6931 of this title.

(d) State and local support

Not less than 25 per centum of the total amount appropriated

under this chapter, up to the amount authorized in section

6948(a)(1) of this title, shall be used only for purposes of

support to State, regional, local, and interstate agencies in

accordance with subchapter IV of this chapter other than section

6948(a)(2) or 6949 of this title.

(e) Criminal investigators

There is authorized to be appropriated to the Administrator

$3,246,000 for the fiscal year 1985, $2,408,300 for the fiscal year

1986, $2,529,000 for the fiscal year 1987, and $2,529,000 for the

fiscal year 1988 to be used -

(1) for additional officers or employees of the Environmental

Protection Agency authorized by the Administrator to conduct

criminal investigations (to investigate, or supervise the

investigation of, any activity for which a criminal penalty is

provided) under this chapter; and

(2) for support costs for such additional officers or

employees.

(f) Underground storage tanks

(1) There are authorized to be appropriated to the Administrator

for the purpose of carrying out the provisions of subchapter IX of

this chapter (relating to regulation of underground storage tanks),

$10,000,000 for each of the fiscal years 1985 through 1988.

(2) There is authorized to be appropriated $25,000,000 for each

of the fiscal years 1985 through 1988 to be used to make grants to

the States for purposes of assisting the States in the development

and implementation of approved State underground storage tank

release detection, prevention, and correction programs under

subchapter IX of this chapter.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 2007, formerly Sec. 2006, as added

Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2805, renumbered

Pub. L. 96-463, Sec. 4(a), Oct. 15, 1980, 94 Stat. 2055; amended

Pub. L. 96-482, Secs. 6, 31(a), Oct. 21, 1980, 94 Stat. 2336, 2352;

Pub. L. 98-616, Sec. 2(a), (i), Nov. 8, 1984, 98 Stat. 3222, 3223.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-616, Sec. 2(a), substituted

"$80,000,000 for the fiscal year ending September 30, 1982,

$70,000,000 for the fiscal year ending September 30, 1985,

$80,000,000 for the fiscal year ending September 30, 1986,

$80,000,000 for the fiscal year ending September 30, 1987, and

$80,000,000 for the fiscal year 1988" for "and $80,000,000 for the

fiscal year ending September 30, 1982".

Subsecs. (e), (f). Pub. L. 98-616, Sec. 2(i), added subsecs. (e)

and (f).

1980 - Subsec. (a). Pub. L. 96-482, Sec. 31(a), authorized

appropriation of $70,000,000, $80,000,000, and $80,000,000 for

fiscal years ending Sept. 30, 1980, through 1982, respectively.

Subsec. (b). Pub. L. 96-482, Sec. 6(a), inserted ", or $5,000,000

per fiscal year, whichever is less," after "subsection (a) of this

section".

Subsec. (d). Pub. L. 96-482, Sec. 6(b), added subsec. (d).

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6991h, 6991i of this

title.

-End-

-CITE-

42 USC Sec. 6917 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER II - OFFICE OF SOLID WASTE; AUTHORITIES OF THE

ADMINISTRATOR

-HEAD-

Sec. 6917. Office of Ombudsman

-STATUTE-

(a) Establishment; functions

The Administrator shall establish an Office of Ombudsman, to be

directed by an Ombudsman. It shall be the function of the Office of

Ombudsman to receive individual complaints, grievances, requests

for information submitted by any person with respect to any program

or requirement under this chapter.

(b) Authority to render assistance

The Ombudsman shall render assistance with respect to the

complaints, grievances, and requests submitted to the Office of

Ombudsman, and shall make appropriate recommendations to the

Administrator.

(c) Effect on procedures for grievances, appeals, or administrative

matters

The establishment of the Office of Ombudsman shall not affect any

procedures for grievances, appeals, or administrative matters in

any other provision of this chapter, any other provision of law, or

any Federal regulation.

(d) Termination

The Office of the Ombudsman shall cease to exist 4 years after

November 8, 1984.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 2008, as added Pub. L. 98-616,

title I, Sec. 103(a), Nov. 8, 1984, 98 Stat. 3225.)

-End-

-CITE-

42 USC SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2022, 6902, 6903,

6905, 6916, 6948, 6949a, 6972, 6991, 6992i, 7412, 7511b, 9601,

9603, 9604, 9607, 9608, 9614, 9621, 9651, 14336 of this title;

title 10 section 7311; title 26 section 142; title 33 section 1345.

-End-

-CITE-

42 USC Sec. 6921 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6921. Identification and listing of hazardous waste

-STATUTE-

(a) Criteria for identification or listing

Not later than eighteen months after October 21, 1976, the

Administrator shall, after notice and opportunity for public

hearing, and after consultation with appropriate Federal and State

agencies, develop and promulgate criteria for identifying the

characteristics of hazardous waste, and for listing hazardous

waste, which should be subject to the provisions of this

subchapter, taking into account toxicity, persistence, and

degradability in nature, potential for accumulation in tissue, and

other related factors such as flammability, corrosiveness, and

other hazardous characteristics. Such criteria shall be revised

from time to time as may be appropriate.

(b) Identification and listing

(1) Not later than eighteen months after October 21, 1976, and

after notice and opportunity for public hearing, the Administrator

shall promulgate regulations identifying the characteristics of

hazardous waste, and listing particular hazardous wastes (within

the meaning of section 6903(5) of this title), which shall be

subject to the provisions of this subchapter. Such regulations

shall be based on the criteria promulgated under subsection (a) of

this section and shall be revised from time to time thereafter as

may be appropriate. The Administrator, in cooperation with the

Agency for Toxic Substances and Disease Registry and the National

Toxicology Program, shall also identify or list those hazardous

wastes which shall be subject to the provisions of this subchapter

solely because of the presence in such wastes of certain

constituents (such as identified carcinogens, mutagens, or

teratagens) (!1) at levels in excess of levels which endanger human

health.

(2)(A) Notwithstanding the provisions of paragraph (1) of this

subsection, drilling fluids, produced waters, and other wastes

associated with the exploration, development, or production of

crude oil or natural gas or geothermal energy shall be subject only

to existing State or Federal regulatory programs in lieu of this

subchapter until at least 24 months after October 21, 1980, and

after promulgation of the regulations in accordance with

subparagraphs (B) and (C) of this paragraph. It is the sense of the

Congress that such State or Federal programs should include, for

waste disposal sites which are to be closed, provisions requiring

at least the following:

(i) The identification through surveying, platting, or other

measures, together with recordation of such information on the

public record, so as to assure that the location where such

wastes are disposed of can be located in the future; except

however, that no such surveying, platting, or other measure

identifying the location of a disposal site for drilling fluids

and associated wastes shall be required if the distance from the

disposal site to the surveyed or platted location to the

associated well is less than two hundred lineal feet; and

(ii) A chemical and physical analysis of a produced water and a

composition of a drilling fluid suspected to contain a hazardous

material, with such information to be acquired prior to closure

and to be placed on the public record.

(B) Not later than six months after completion and submission of

the study required by section 6982(m) of this title, the

Administrator shall, after public hearings and opportunity for

comment, determine either to promulgate regulations under this

subchapter for drilling fluids, produced waters, and other wastes

associated with the exploration, development, or production of

crude oil or natural gas or geothermal energy or that such

regulations are unwarranted. The Administrator shall publish his

decision in the Federal Register accompanied by an explanation and

justification of the reasons for it. In making the decision under

this paragraph, the Administrator shall utilize the information

developed or accumulated pursuant to the study required under

section 6982(m) of this title.

(C) The Administrator shall transmit his decision, along with any

regulations, if necessary, to both Houses of Congress. Such

regulations shall take effect only when authorized by Act of

Congress.

(3)(A) Notwithstanding the provisions of paragraph (1) of this

subsection, each waste listed below shall, except as provided in

subparagraph (B) of this paragraph, be subject only to regulation

under other applicable provisions of Federal or State law in lieu

of this subchapter until at least six months after the date of

submission of the applicable study required to be conducted under

subsection (f), (n), (o), or (p) of section 6982 of this title and

after promulgation of regulations in accordance with subparagraph

(C) of this paragraph:

(i) Fly ash waste, bottom ash waste, slag waste, and flue gas

emission control waste generated primarily from the combustion of

coal or other fossil fuels.

(ii) Solid waste from the extraction, beneficiation, and

processing of ores and minerals, including phosphate rock and

overburden from the mining of uranium ore.

(iii) Cement kiln dust waste.

(B)(i) Owners and operators of disposal sites for wastes listed

in subparagraph (A) may be required by the Administrator, through

regulations prescribed under authority of section 6912 of this

title -

(I) as to disposal sites for such wastes which are to be

closed, to identify the locations of such sites through

surveying, platting, or other measures, together with recordation

of such information on the public record, to assure that the

locations where such wastes are disposed of are known and can be

located in the future, and

(II) to provide chemical and physical analysis and composition

of such wastes, based on available information, to be placed on

the public record.

(ii)(I) In conducting any study under subsection (f), (n), (o),

or (p), of section 6982 of this title, any officer, employee, or

authorized representative of the Environmental Protection Agency,

duly designated by the Administrator, is authorized, at reasonable

times and as reasonably necessary for the purposes of such study,

to enter any establishment where any waste subject to such study is

generated, stored, treated, disposed of, or transported from; to

inspect, take samples, and conduct monitoring and testing; and to

have access to and copy records relating to such waste. Each such

inspection shall be commenced and completed with reasonable

promptness. If the officer, employee, or authorized representative

obtains any samples prior to leaving the premises, he shall give to

the owner, operator, or agent in charge a receipt describing the

sample obtained and if requested a portion of each such sample

equal in volume or weight to the portion retained. If any analysis

is made of such samples, or monitoring and testing performed, a

copy of the results shall be furnished promptly to the owner,

operator, or agent in charge.

(II) Any records, reports, or information obtained from any

person under subclause (I) shall be available to the public, except

that upon a showing satisfactory to the Administrator by any person

that records, reports, or information, or particular part thereof,

to which the Administrator has access under this subparagraph is

made public, would divulge information entitled to protection under

section 1905 of title 18, the Administrator shall consider such

information or particular portion thereof confidential in

accordance with the purposes of that section, except that such

record, report, document, or information may be disclosed to other

officers, employees, or authorized representatives of the United

States concerned with carrying out this chapter. Any person not

subject to the provisions of section 1905 of title 18 who knowingly

and willfully divulges or discloses any information entitled to

protection under this subparagraph shall, upon conviction, be

subject to a fine of not more than $5,000 or to imprisonment not to

exceed one year, or both.

(iii) The Administrator may prescribe regulations, under the

authority of this chapter, to prevent radiation exposure which

presents an unreasonable risk to human health from the use in

construction or land reclamation (with or without revegetation) of

(I) solid waste from the extraction, beneficiation, and processing

of phosphate rock or (II) overburden from the mining of uranium

ore.

(iv) Whenever on the basis of any information the Administrator

determines that any person is in violation of any requirement of

this subparagraph, the Administrator shall give notice to the

violator of his failure to comply with such requirement. If such

violation extends beyond the thirtieth day after the

Administrator's notification, the Administrator may issue an order

requiring compliance within a specified time period or the

Administrator may commence a civil action in the United States

district court in the district in which the violation occurred for

appropriate relief, including a temporary or permanent injunction.

(C) Not later than six months after the date of submission of the

applicable study required to be conducted under subsection (f),

(n), (o), or (p), of section 6982 of this title, the Administrator

shall, after public hearings and opportunity for comment, either

determine to promulgate regulations under this subchapter for each

waste listed in subparagraph (A) of this paragraph or determine

that such regulations are unwarranted. The Administrator shall

publish his determination, which shall be based on information

developed or accumulated pursuant to such study, public hearings,

and comment, in the Federal Register accompanied by an explanation

and justification of the reasons for it.

(c) Petition by State Governor

At any time after the date eighteen months after October 21,

1976, the Governor of any State may petition the Administrator to

identify or list a material as a hazardous waste. The Administrator

shall act upon such petition within ninety days following his

receipt thereof and shall notify the Governor of such action. If

the Administrator denies such petition because of financial

considerations, in providing such notice to the Governor he shall

include a statement concerning such considerations.

(d) Small quantity generator waste

(1) By March 31, 1986, the Administrator shall promulgate

standards under sections 6922, 6923, and 6924 of this title for

hazardous waste generated by a generator in a total quantity of

hazardous waste greater than one hundred kilograms but less than

one thousand kilograms during a calendar month.

(2) The standards referred to in paragraph (1), including

standards applicable to the legitimate use, reuse, recycling, and

reclamation of such wastes, may vary from the standards applicable

to hazardous waste generated by larger quantity generators, but

such standards shall be sufficient to protect human health and the

environment.

(3) Not later than two hundred and seventy days after November 8,

1984, any hazardous waste which is part of a total quantity

generated by a generator generating greater than one hundred

kilograms but less than one thousand kilograms during one calendar

month and which is shipped off the premises on which such waste is

generated shall be accompanied by a copy of the Environmental

Protection Agency Uniform Hazardous Waste Manifest form signed by

the generator. This form shall contain the following information:

(A) the name and address of the generator of the waste;

(B) the United States Department of Transportation description

of the waste, including the proper shipping name, hazard class,

and identification number (UN/NA), if applicable;

(C) the number and type of containers;

(D) the quantity of waste being transported; and

(E) the name and address of the facility designated to receive

the waste.

If subparagraph (B) is not applicable, in lieu of the description

referred to in such subparagraph (B), the form shall contain the

Environmental Protection Agency identification number, or a generic

description of the waste, or a description of the waste by

hazardous waste characteristic. Additional requirements related to

the manifest form shall apply only if determined necessary by the

Administrator to protect human health and the environment.

(4) The Administrator's responsibility under this subchapter to

protect human health and the environment may require the

promulgation of standards under this subchapter for hazardous

wastes which are generated by any generator who does not generate

more than one hundred kilograms of hazardous waste in a calendar

month.

(5) Until the effective date of standards required to be

promulgated under paragraph (1), any hazardous waste identified or

listed under this section generated by any generator during any

calendar month in a total quantity greater than one hundred

kilograms but less than one thousand kilograms, which is not

treated, stored, or disposed of at a hazardous waste treatment,

storage, or disposal facility with a permit under section 6925 of

this title, shall be disposed of only in a facility which is

permitted, licensed, or registered by a State to manage municipal

or industrial solid waste.

(6) Standards promulgated as provided in paragraph (1) shall, at

a minimum, require that all treatment, storage, or disposal of

hazardous wastes generated by generators referred to in paragraph

(1) shall occur at a facility with interim status or a permit under

this subchapter, except that onsite storage of hazardous waste

generated by a generator generating a total quantity of hazardous

waste greater than one hundred kilograms, but less than one

thousand kilograms during a calendar month, may occur without the

requirement of a permit for up to one hundred and eighty days. Such

onsite storage may occur without the requirement of a permit for

not more than six thousand kilograms for up to two hundred and

seventy days if such generator must ship or haul such waste over

two hundred miles.

(7)(A) Nothing in this subsection shall be construed to affect or

impair the validity of regulations promulgated by the Secretary of

Transportation pursuant to chapter 51 of title 49.

(B) Nothing in this subsection shall be construed to affect,

modify, or render invalid any requirements in regulations

promulgated prior to January 1, 1983 applicable to any acutely

hazardous waste identified or listed under this section which is

generated by any generator during any calendar month in a total

quantity less than one thousand kilograms.

(8) Effective March 31, 1986, unless the Administrator

promulgates standards as provided in paragraph (1) of this

subsection prior to such date, hazardous waste generated by any

generator in a total quantity greater than one hundred kilograms

but less than one thousand kilograms during a calendar month shall

be subject to the following requirements until the standards

referred to in paragraph (1) of this subsection have become

effective:

(A) the notice requirements of paragraph (3) of this subsection

shall apply and in addition, the information provided in the form

shall include the name of the waste transporters and the name and

address of the facility designated to receive the waste;

(B) except in the case of the onsite storage referred to in

paragraph (6) of this subsection, the treatment, storage, or

disposal of such waste shall occur at a facility with interim

status or a permit under this subchapter;

(C) generators of such waste shall file manifest exception

reports as required of generators producing greater amounts of

hazardous waste per month except that such reports shall be filed

by January 31, for any waste shipment occurring in the last half

of the preceding calendar year, and by July 31, for any waste

shipment occurring in the first half of the calendar year; and

(D) generators of such waste shall retain for three years a

copy of the manifest signed by the designated facility that has

received the waste.

Nothing in this paragraph shall be construed as a determination of

the standards appropriate under paragraph (1).

(9) The last sentence of section 6930(b) of this title shall not

apply to regulations promulgated under this subsection.

(e) Specified wastes

(1) Not later than 6 months after November 8, 1984, the

Administrator shall, where appropriate, list under subsection

(b)(1) of this section, additional wastes containing chlorinated

dioxins or chlorinated-dibenzofurans. Not later than one year after

November 8, 1984, the Administrator shall, where appropriate, list

under subsection (b)(1) of this section wastes containing remaining

halogenated dioxins and halogenated-dibenzofurans.

(2) Not later than fifteen months after November 8, 1984, the

Administrator shall make a determination of whether or not to list

under subsection (b)(1) of this section the following wastes:

Chlorinated Aliphatics, Dioxin, Dimethyl Hydrazine, TDI (toluene

diisocyanate), Carbamates, Bromacil, Linuron, Organo-bromines,

solvents, refining wastes, chlorinated aromatics, dyes and

pigments, inorganic chemical industry wastes, lithium batteries,

coke byproducts, paint production wastes, and coal slurry pipeline

effluent.

(f) Delisting procedures

(1) When evaluating a petition to exclude a waste generated at a

particular facility from listing under this section, the

Administrator shall consider factors (including additional

constituents) other than those for which the waste was listed if

the Administrator has a reasonable basis to believe that such

additional factors could cause the waste to be a hazardous waste.

The Administrator shall provide notice and opportunity for comment

on these additional factors before granting or denying such

petition.

(2)(A) To the maximum extent practicable the Administrator shall

publish in the Federal Register a proposal to grant or deny a

petition referred to in paragraph (1) within twelve months after

receiving a complete application to exclude a waste generated at a

particular facility from being regulated as a hazardous waste and

shall grant or deny such a petition within twenty-four months after

receiving a complete application.

(B) The temporary granting of such a petition prior to November

8, 1984, without the opportunity for public comment and the full

consideration of such comments shall not continue for more than

twenty-four months after November 8, 1984. If a final decision to

grant or deny such a petition has not been promulgated after notice

and opportunity for public comment within the time limit prescribed

by the preceding sentence, any such temporary granting of such

petition shall cease to be in effect.

(g) EP toxicity

Not later than twenty-eight months after November 8, 1984, the

Administrator shall examine the deficiencies of the extraction

procedure toxicity characteristic as a predictor of the leaching

potential of wastes and make changes in the extraction procedure

toxicity characteristic, including changes in the leaching media,

as are necessary to insure that it accurately predicts the leaching

potential of wastes which pose a threat to human health and the

environment when mismanaged.

(h) Additional characteristics

Not later than two years after November 8, 1984, the

Administrator shall promulgate regulations under this section

identifying additional characteristics of hazardous waste,

including measures or indicators of toxicity.

(i) Clarification of household waste exclusion

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.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3001, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2806; amended Pub. L. 96-482, Sec. 7,

Oct. 21, 1980, 94 Stat. 2336; Pub. L. 98-616, title II, Secs.

221(a), 222, 223(a), Nov. 8, 1984, 98 Stat. 3248, 3251, 3252; Pub.

L. 104-119, Sec. 4(1), Mar. 26, 1996, 110 Stat. 833.)

-COD-

CODIFICATION

In subsec. (d)(7)(A), "chapter 51 of title 49" substituted for

"the Hazardous Materials Transportation Act [49 App. U.S.C. 1801 et

seq.]" on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994,

108 Stat. 1378, the first section of which enacted subtitles II,

III, and V to X of Title 49, Transportation.

-MISC1-

AMENDMENTS

1996 - Subsec. (d)(5). Pub. L. 104-119 made technical amendment

to reference in original act which appears in text as reference to

this section.

1984 - Subsec. (b)(1). Pub. L. 98-616, Sec. 222(b), inserted at

end "The Administrator, in cooperation with the Agency for Toxic

Substances and Disease Registry and the National Toxicology

Program, shall also identify or list those hazardous wastes which

shall be subject to the provisions of this subchapter solely

because of the presence in such wastes of certain constituents

(such as identified carcinogens, mutagens, or teratagens) [sic] at

levels in excess of levels which endanger human health."

Subsec. (d). Pub. L. 98-616, Sec. 221(a), added subsec. (d).

Subsecs. (e) to (h). Pub. L. 98-616, Sec. 222(a), added subsecs.

(e) to (h).

Subsec. (i). Pub. L. 98-616, Sec. 223(a), added subsec. (i).

1980 - Subsec. (b). Pub. L. 96-482 designated existing provisions

as par. (1) and added pars. (2) and (3).

REGULATION

Pub. L. 99-499, title I, Sec. 124(b), Oct. 17, 1986, 100 Stat.

1689, provided that: "Unless the Administrator of the Environmental

Protection Agency promulgates regulations under subtitle C of the

Solid Waste Disposal Act [42 U.S.C. 6921 et seq.] addressing the

extraction of wastes from landfills as part of the process of

recovering methane from such landfills, the owner and operator of

equipment used to recover methane from a landfill shall not be

deemed to be managing, generating, transporting, treating, storing,

or disposing of hazardous or liquid wastes within the meaning of

that subtitle. If the aqueous or hydrocarbon phase of the

condensate or any other waste material removed from the gas

recovered from the landfill meets any of the characteristics

identified under section 3001 of subtitle C of the Solid Waste

Disposal Act [42 U.S.C. 6921], the preceding sentence shall not

apply and such condensate phase or other waste material shall be

deemed a hazardous waste under that subtitle, and shall be

regulated accordingly."

-TRANS-

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, see note set out under section 6903 of this

title.

-MISC2-

ASH MANAGEMENT AND DISPOSAL

Pub. L. 101-549, title III, Sec. 306, Nov. 15, 1990, 104 Stat.

2584, provided that: "For a period of 2 years after the date of

enactment of the Clean Air Act Amendments of 1990 [Nov. 15, 1990],

ash from solid waste incineration units burning municipal waste

shall not be regulated by the Administrator of the Environmental

Protection Agency pursuant to section 3001 of the Solid Waste

Disposal Act [42 U.S.C. 6921]. Such reference and limitation shall

not be construed to prejudice, endorse or otherwise affect any

activity by the Administrator following the 2-year period from the

date of enactment of the Clean Air Act Amendments of 1990."

SMALL QUANTITY GENERATOR WASTE; INFORM AND EDUCATE; WASTE

GENERATORS

Section 221(b) of Pub. L. 98-616 directed Administrator of

Environmental Protection Agency to undertake activities to inform

and educate waste generators of their responsibilities under

subsec. (d) of this section during the period within thirty months

after Nov. 8, 1984, to help assure compliance.

STUDY OF EXISTING MANIFEST SYSTEM FOR HAZARDOUS WASTES AS

APPLICABLE TO SMALL QUANTITY GENERATORS; SUBMITTAL TO CONGRESS

Section 221(d) of Pub. L. 98-616 directed Administrator of

Environmental Protection Agency to cause to be studied the existing

manifest system for hazardous wastes as it applies to small

quantity generators and recommend whether the current system should

be retained or whether a new system should be introduced, such

study to include an analysis of the cost versus the benefits of the

system studied as well as an analysis of the ease of retrieving and

collating information and identifying a given substance, with any

new proposal to include a list of those standards that are

necessary to protect human health and the environment, and with

such study to be submitted to Congress not later than Apr. 1, 1987.

ADMINISTRATIVE BURDENS; SMALL QUANTITY GENERATORS; RETENTION OF

CURRENT SYSTEM; REPORT TO CONGRESS

Section 221(e) of Pub. L. 98-616 directed Administrator of

Environmental Protection Agency, in conjunction with Secretary of

Transportation, to prepare and submit to Congress, not later than

Apr. 1, 1987, a report on the feasibility of easing the

administrative burden on small quantity generators, increasing

compliance with statutory and regulatory requirements, and

simplifying enforcement efforts through a program of licensing

hazardous waste transporters to assume the responsibilities of

small quantity generators relating to preparation of manifests and

associated recordkeeping and reporting requirements, such report to

examine the appropriate licensing requirements under such a program

including the need for financial assurances by licensed

transporters and to make recommendations on provisions and

requirements for such a program including the appropriate division

of responsibilities between Department of Transportation and

Environmental Protection Administration.

EDUCATIONAL INSTITUTIONS; ACCUMULATION, STORAGE AND DISPOSAL OF

HAZARDOUS WASTES; STUDY

Section 221(f) of Pub. L. 98-616, as amended by Pub. L. 107-110,

title X, Sec. 1076(aa), Jan. 8, 2002, 115 Stat. 2093, directed

Administrator of Environmental Protection Agency, in consultation

with Secretary of Education, the States, and appropriate

educational associations, to conduct a comprehensive study of

problems associated with accumulation, storage, and disposal of

hazardous wastes from educational institutions, such study to

include an investigation of feasibility and availability of

environmentally sound methods for treatment, storage, or disposal

of hazardous waste from such institutions, taking into account the

types and quantities of such waste which are generated by these

institutions, and the nonprofit nature of these institutions, and

directed Administrator to submit a report to Congress containing

the findings of the study not later than Apr. 1, 1987.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6923, 6924, 6925, 6930,

6935, 6938, 6939, 6945, 6949a, 9605, 9625 of this title; title 33

sections 1319, 2601; title 49 section 14901.

-FOOTNOTE-

(!1) So in original. Probably should be "teratogens)".

-End-

-CITE-

42 USC Sec. 6922 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6922. Standards applicable to generators of hazardous waste

-STATUTE-

(a) In general

Not later than eighteen months after October 21, 1976, and after

notice and opportunity for public hearings and after consultation

with appropriate Federal and State agencies, the Administrator

shall promulgate regulations establishing such standards,

applicable to generators of hazardous waste identified or listed

under this subchapter, as may be necessary to protect human health

and the environment. Such standards shall establish requirements

respecting -

(1) recordkeeping practices that accurately identify the

quantities of such hazardous waste generated, the constituents

thereof which are significant in quantity or in potential harm to

human health or the environment, and the disposition of such

wastes;

(2) labeling practices for any containers used for the storage,

transport, or disposal of such hazardous waste such as will

identify accurately such waste;

(3) use of appropriate containers for such hazardous waste;

(4) furnishing of information on the general chemical

composition of such hazardous waste to persons transporting,

treating, storing, or disposing of such wastes;

(5) use of a manifest system and any other reasonable means

necessary to assure that all such hazardous waste generated is

designated for treatment, storage, or disposal in, and arrives

at, treatment, storage, or disposal facilities (other than

facilities on the premises where the waste is generated) for

which a permit has been issued as provided in this subchapter, or

pursuant to title I of the Marine Protection, Research, and

Sanctuaries Act (86 Stat. 1052) [33 U.S.C. 1411 et seq.]; and

(6) submission of reports to the Administrator (or the State

agency in any case in which such agency carries out a permit

program pursuant to this subchapter) at least once every two

years, setting out -

(A) the quantities and nature of hazardous waste identified

or listed under this subchapter that he has generated during

the year;

(B) the disposition of all hazardous waste reported under

subparagraph (A);

(C) the efforts undertaken during the year to reduce the

volume and toxicity of waste generated; and

(D) the changes in volume and toxicity of waste actually

achieved during the year in question in comparison with

previous years, to the extent such information is available for

years prior to November 8, 1984.

(b) Waste minimization

Effective September 1, 1985, the manifest required by subsection

(a)(5) of this section shall contain a certification by the

generator that -

(1) the generator of the hazardous waste has a program in place

to reduce the volume or quantity and toxicity of such waste to

the degree determined by the generator to be economically

practicable; and

(2) the proposed method of treatment, storage, or disposal is

that practicable method currently available to the generator

which minimizes the present and future threat to human health and

the environment.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3002, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2806; amended Pub. L. 95-609, Sec. 7(f),

Nov. 8, 1978, 92 Stat. 3082; Pub. L. 96-482, Sec. 8, Oct. 21, 1980,

94 Stat. 2338; Pub. L. 98-616, title II, Sec. 224(a), Nov. 8, 1984,

98 Stat. 3252.)

-REFTEXT-

REFERENCES IN TEXT

The Marine Protection, Research, and Sanctuaries Act, referred to

in subsec. (a)(5), probably means the Marine Protection, Research,

and Sanctuaries Act of 1972, Pub. L. 92-532, Oct. 23, 1972, 86

Stat. 1052, as amended. Title I of the Marine Protection, Research,

and Sanctuaries Act of 1972 is classified generally to subchapter I

(Sec. 1411 et seq.) of chapter 27 of Title 33, Navigation and

Navigable Waters. For complete classification of this Act to the

Code, see Short Title note set out under section 1401 of Title 33

and Tables.

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-616, Sec. 224(a)(1), designated

existing provisions as subsec. (a).

Subsec. (a)(6). Pub. L. 98-616, Sec. 224(a)(2), amended par. (6)

generally. Prior to amendment, par. (6) read as follows:

"submission of reports to the Administrator (or the State agency in

any case in which such agency carries out an authorized permit

program pursuant to this subchapter) at such times as the

Administrator (or the State agency if appropriate) deems necessary,

setting out -

"(A) the quantities of hazardous waste identified or listed

under this subchapter that he has generated during a particular

time period; and

"(B) the disposition of all hazardous waste reported under

subparagraph (A)."

Subsec. (b). Pub. L. 98-616, Sec. 224(a)(2), added subsec. (b).

1980 - Par. (5). Pub. L. 96-482 inserted "and any other

reasonable means necessary" and ", and arrives at," after "use of a

manifest system" and "disposal in", respectively.

1978 - Par. (5). Pub. L. 95-609, Sec. 7(f)(1), inserted provision

relating to title I of the Marine Protection, Research, and

Sanctuaries Act.

Par. (6). Pub. L. 95-609, Sec. 7(f)(2), closed the parenthetical

after "to this subchapter".

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6921, 6923, 6924, 6926,

6935, 6938, 6971 of this title.

-End-

-CITE-

42 USC Sec. 6923 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6923. Standards applicable to transporters of hazardous waste

-STATUTE-

(a) Standards

Not later than eighteen months after October 21, 1976, and after

opportunity for public hearings, the Administrator, after

consultation with the Secretary of Transportation and the States,

shall promulgate regulations establishing such standards,

applicable to transporters of hazardous waste identified or listed

under this subchapter, as may be necessary to protect human health

and the environment. Such standards shall include but need not be

limited to requirements respecting -

(1) recordkeeping concerning such hazardous waste transported,

and their source and delivery points;

(2) transportation of such waste only if properly labeled;

(3) compliance with the manifest system referred to in section

6922(5) (!1) of this title; and

(4) transportation of all such hazardous waste only to the

hazardous waste treatment, storage, or disposal facilities which

the shipper designates on the manifest form to be a facility

holding a permit issued under this subchapter, or pursuant to

title I of the Marine Protection, Research, and Sanctuaries Act

(86 Stat. 1052) [33 U.S.C. 1411 et seq.].

(b) Coordination with regulations of Secretary of Transportation

In case of any hazardous waste identified or listed under this

subchapter which is subject to chapter 51 of title 49, the

regulations promulgated by the Administrator under this section

shall be consistent with the requirements of such Act and the

regulations thereunder. The Administrator is authorized to make

recommendations to the Secretary of Transportation respecting the

regulations of such hazardous waste under the Hazardous Materials

Transportation Act and for addition of materials to be covered by

such Act.

(c) Fuel from hazardous waste

Not later than two years after November 8, 1984, and after

opportunity for public hearing, the Administrator shall promulgate

regulations establishing standards, applicable to transporters of

fuel produced (1) from any hazardous waste identified or listed

under section 6921 of this title, or (2) from any hazardous waste

identified or listed under section 6921 of this title and any other

material, as may be necessary to protect human health and the

environment. Such standards may include any of the requirements set

forth in paragraphs (1) through (4) of subsection (a) of this

section as may be appropriate.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3003, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2807; amended Pub. L. 95-609, Sec. 7(g),

Nov. 8, 1978, 92 Stat. 3082; Pub. L. 98-616, title II, Sec.

204(b)(2), Nov. 8, 1984, 98 Stat. 3238.)

-REFTEXT-

REFERENCES IN TEXT

Section 6922(5) of this title, referred to in subsec. (a)(3), was

redesignated section 6922(a)(5) of this title, by Pub. L. 98-616,

title II, Sec. 224(a)(1), Nov. 8, 1984, 98 Stat. 3253.

The Marine Protection, Research, and Sanctuaries Act, referred to

in subsec. (a)(4), probably means the Marine Protection, Research,

and Sanctuaries Act of 1972, Pub. L. 92-532, Oct. 23, 1972, 86

Stat. 1052, as amended. Title I of the Marine Protection, Research,

and Sanctuaries Act of 1972 is classified generally to subchapter I

(Sec. 1411 et seq.) of chapter 27 of Title 33, Navigation and

Navigable Waters. For complete classification of this Act to the

Code, see Short Title note set out under section 1401 of Title 33

and Tables.

-COD-

CODIFICATION

In subsec. (b), "chapter 51 of title 49" substituted for "the

Hazardous Materials Transportation Act (88 Stat. 2156) [49 App.

U.S.C. 1801 et seq.]" on authority of Pub. L. 103-272, Sec. 6(b),

July 5, 1994, 108 Stat. 1378, the first section of which enacted

subtitles II, III, and V to X of Title 49, Transportation.

-MISC1-

AMENDMENTS

1984 - Subsec. (c). Pub. L. 98-616 added subsec. (c).

1978 - Subsec. (a)(4). Pub. L. 95-609, Sec. 7(g)(1), inserted

provision relating to title I of the Marine Protection, Research,

and Sanctuaries Act.

Subsec. (b). Pub. L. 95-609, Sec. 7(g)(2), substituted

"Administrator under this section" for "Administrator under this

subchapter".

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6921, 6926, 6935, 6938,

6971 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6924 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6924. Standards applicable to owners and operators of

hazardous waste treatment, storage, and disposal facilities

-STATUTE-

(a) In general

Not later than eighteen months after October 21, 1976, and after

opportunity for public hearings and after consultation with

appropriate Federal and State agencies, the Administrator shall

promulgate regulations establishing such performance standards,

applicable to owners and operators of facilities for the treatment,

storage, or disposal of hazardous waste identified or listed under

this subchapter, as may be necessary to protect human health and

the environment. In establishing such standards the Administrator

shall, where appropriate, distinguish in such standards between

requirements appropriate for new facilities and for facilities in

existence on the date of promulgation of such regulations. Such

standards shall include, but need not be limited to, requirements

respecting -

(1) maintaining records of all hazardous wastes identified or

listed under this chapter which is treated, stored, or disposed

of, as the case may be, and the manner in which such wastes were

treated, stored, or disposed of;

(2) satisfactory reporting, monitoring, and inspection and

compliance with the manifest system referred to in section

6922(5) (!1) of this title;

(3) treatment, storage, or disposal of all such waste received

by the facility pursuant to such operating methods, techniques,

and practices as may be satisfactory to the Administrator;

(4) the location, design, and construction of such hazardous

waste treatment, disposal, or storage facilities;

(5) contingency plans for effective action to minimize

unanticipated damage from any treatment, storage, or disposal of

any such hazardous waste;

(6) the maintenance of operation of such facilities and

requiring such additional qualifications as to ownership,

continuity of operation, training for personnel, and financial

responsibility (including financial responsibility for corrective

action) as may be necessary or desirable; and

(7) compliance with the requirements of section 6925 of this

title respecting permits for treatment, storage, or disposal.

No private entity shall be precluded by reason of criteria

established under paragraph (6) from the ownership or operation of

facilities providing hazardous waste treatment, storage, or

disposal services where such entity can provide assurances of

financial responsibility and continuity of operation consistent

with the degree and duration of risks associated with the

treatment, storage, or disposal of specified hazardous waste.

(b) Salt dome formations, salt bed formations, underground mines

and caves

(1) Effective on November 8, 1984, the placement of any

noncontainerized or bulk liquid hazardous waste in any salt dome

formation, salt bed formation, underground mine, or cave is

prohibited until such time as -

(A) the Administrator has determined, after notice and

opportunity for hearings on the record in the affected areas,

that such placement is protective of human health and the

environment;

(B) the Administrator has promulgated performance and

permitting standards for such facilities under this subchapter,

and;

(C) a permit has been issued under section 6925(c) of this

title for the facility concerned.

(2) Effective on November 8, 1984, the placement of any hazardous

waste other than a hazardous waste referred to in paragraph (1) in

a salt dome formation, salt bed formation, underground mine, or

cave is prohibited until such time as a permit has been issued

under section 6925(c) of this title for the facility concerned.

(3) No determination made by the Administrator under subsection

(d), (e), or (g) of this section regarding any hazardous waste to

which such subsection (d), (e), or (g) of this section applies

shall affect the prohibition contained in paragraph (1) or (2) of

this subsection.

(4) Nothing in this subsection shall apply to the Department of

Energy Waste Isolation Pilot Project in New Mexico.

(c) Liquids in landfills

(1) Effective 6 months after November 8, 1984, the placement of

bulk or noncontainerized liquid hazardous waste or free liquids

contained in hazardous waste (whether or not absorbents have been

added) in any landfill is prohibited. Prior to such date the

requirements (as in effect on April 30, 1983) promulgated under

this section by the Administrator regarding liquid hazardous waste

shall remain in force and effect to the extent such requirements

are applicable to the placement of bulk or noncontainerized liquid

hazardous waste, or free liquids contained in hazardous waste, in

landfills.

(2) Not later than fifteen months after November 8, 1984, the

Administrator shall promulgate final regulations which -

(A) minimize the disposal of containerized liquid hazardous

waste in landfills, and

(B) minimize the presence of free liquids in containerized

hazardous waste to be disposed of in landfills.

Such regulations shall also prohibit the disposal in landfills of

liquids that have been absorbed in materials that biodegrade or

that release liquids when compressed as might occur during routine

landfill operations. Prior to the date on which such final

regulations take effect, the requirements (as in effect on April

30, 1983) promulgated under this section by the Administrator shall

remain in force and effect to the extent such requirements are

applicable to the disposal of containerized liquid hazardous waste,

or free liquids contained in hazardous waste, in landfills.

(3) Effective twelve months after November 8, 1984, the placement

of any liquid which is not a hazardous waste in a landfill for

which a permit is required under section 6925(c) of this title or

which is operating pursuant to interim status granted under section

6925(e) of this title is prohibited unless the owner or operator of

such landfill demonstrates to the Administrator, or the

Administrator determines, that -

(A) the only reasonably available alternative to the placement

in such landfill is placement in a landfill or unlined surface

impoundment, whether or not permitted under section 6925(c) of

this title or operating pursuant to interim status under section

6925(e) of this title, which contains, or may reasonably be

anticipated to contain, hazardous waste; and

(B) placement in such owner or operator's landfill will not

present a risk of contamination of any underground source of

drinking water.

As used in subparagraph (B), the term "underground source of

drinking water" has the same meaning as provided in regulations

under the Safe Drinking Water Act (title XIV of the Public Health

Service Act) [42 U.S.C. 300f et seq.].

(4) No determination made by the Administrator under subsection

(d), (e), or (g) of this section regarding any hazardous waste to

which such subsection (d), (e), or (g) of this section applies

shall affect the prohibition contained in paragraph (1) of this

subsection.

(d) Prohibitions on land disposal of specified wastes

(1) Effective 32 months after November 8, 1984 (except as

provided in subsection (f) of this section with respect to

underground injection into deep injection wells), the land disposal

of the hazardous wastes referred to in paragraph (2) is prohibited

unless the Administrator determines the prohibition on one or more

methods of land disposal of such waste is not required in order to

protect human health and the environment for as long as the waste

remains hazardous, taking into account -

(A) the long-term uncertainties associated with land disposal,

(B) the goal of managing hazardous waste in an appropriate

manner in the first instance, and

(C) the persistence, toxicity, mobility, and propensity to

bioaccumulate of such hazardous wastes and their hazardous

constituents.

For the purposes of this paragraph, a method of land disposal may

not be determined to be protective of human health and the

environment for a hazardous waste referred to in paragraph (2)

(other than a hazardous waste which has complied with the

pretreatment regulations promulgated under subsection (m) of this

section), unless, upon application by an interested person, it has

been demonstrated to the Administrator, to a reasonable degree of

certainty, that there will be no migration of hazardous

constituents from the disposal unit or injection zone for as long

as the wastes remain hazardous.

(2) Paragraph (1) applies to the following hazardous wastes

listed or identified under section 6921 of this title:

(A) Liquid hazardous wastes, including free liquids associated

with any solid or sludge, containing free cyanides at

concentrations greater than or equal to 1,000 mg/l.

(B) Liquid hazardous wastes, including free liquids associated

with any solid or sludge, containing the following metals (or

elements) or compounds of these metals (or elements) at

concentrations greater than or equal to those specified below:

(i) arsenic and/or compounds (as As) 500 mg/l;

(ii) cadmium and/or compounds (as Cd) 100 mg/l;

(iii) chromium (VI and/or compounds (as Cr VI)) 500 mg/l;

(iv) lead and/or compounds (as Pb) 500 mg/l;

(v) mercury and/or compounds (as Hg) 20 mg/l;

(vi) nickel and/or compounds (as Ni) 134 mg/l;

(vii) selenium and/or compounds (as Se) 100 mg/l; and

(viii) thallium and/or compounds (as Th) 130 mg/l.

(C) Liquid hazardous waste having a pH less than or equal to

two (2.0).

(D) Liquid hazardous wastes containing polychlorinated

biphenyls at concentrations greater than or equal to 50 ppm.

(E) Hazardous wastes containing halogenated organic compounds

in total concentration greater than or equal to 1,000 mg/kg.

When necessary to protect human health and the environment, the

Administrator shall substitute more stringent concentration levels

than the levels specified in subparagraphs (A) through (E).

(3) During the period ending forty-eight months after November 8,

1984, this subsection shall not apply to any disposal of

contaminated soil or debris resulting from a response action taken

under section 9604 or 9606 of this title or a corrective action

required under this subchapter.

(e) Solvents and dioxins

(1) Effective twenty-four months after November 8, 1984 (except

as provided in subsection (f) of this section with respect to

underground injection into deep injection wells), the land disposal

of the hazardous wastes referred to in paragraph (2) is prohibited

unless the Administrator determines the prohibition of one or more

methods of land disposal of such waste is not required in order to

protect human health and the environment for as long as the waste

remains hazardous, taking into account the factors referred to in

subparagraph (A) through (C) of subsection (d)(1) of this section.

For the purposes of this paragraph, a method of land disposal may

not be determined to be protective of human health and the

environment for a hazardous waste referred to in paragraph (2)

(other than a hazardous waste which has complied with the

pretreatment regulations promulgated under subsection (m) of this

section), unless upon application by an interested person it has

been demonstrated to the Administrator, to a reasonable degree of

certainty, that there will be no migration of hazardous

constituents from the disposal unit or injection zone for as long

as the wastes remain hazardous.

(2) The hazardous wastes to which the prohibition under paragraph

(1) applies are as follows -

(A) dioxin-containing hazardous wastes numbered F020, F021,

F022, and F023 (as referred to in the proposed rule published by

the Administrator in the Federal Register for April 4, 1983), and

(B) those hazardous wastes numbered F001, F002, F003, F004, and

F005 in regulations promulgated by the Administrator under

section 6921 of this title (40 C.F.R. 261.31 (July 1, 1983)), as

those regulations are in effect on July 1, 1983.

(3) During the period ending forty-eight months after November 8,

1984, this subsection shall not apply to any disposal of

contaminated soil or debris resulting from a response action taken

under section 9604 or 9606 of this title or a corrective action

required under this subchapter.

(f) Disposal into deep injection wells; specified subsection (d)

wastes; solvents and dioxins

(1) Not later than forty-five months after November 8, 1984, the

Administrator shall complete a review of the disposal of all

hazardous wastes referred to in paragraph (2) of subsection (d) of

this section and in paragraph (2) of subsection (e) of this section

by underground injection into deep injection wells.

(2) Within forty-five months after November 8, 1984, the

Administrator shall make a determination regarding the disposal by

underground injection into deep injection wells of the hazardous

wastes referred to in paragraph (2) of subsection (d) of this

section and the hazardous wastes referred to in paragraph (2) of

subsection (e) of this section. The Administrator shall promulgate

final regulations prohibiting the disposal of such wastes into such

wells if it may reasonably be determined that such disposal may not

be protective of human health and the environment for as long as

the waste remains hazardous, taking into account the factors

referred to in subparagraphs (A) through (C) of subsection (d)(1)

of this section. In promulgating such regulations, the

Administrator shall consider each hazardous waste referred to in

paragraph (2) of subsection (d) of this section or in paragraph (2)

of subsection (e) of this section which is prohibited from disposal

into such wells by any State.

(3) If the Administrator fails to make a determination under

paragraph (2) for any hazardous waste referred to in paragraph (2)

of subsection (d) of this section or in paragraph (2) of subsection

(e) of this section within forty-five months after November 8,

1984, such hazardous waste shall be prohibited from disposal into

any deep injection well.

(4) As used in this subsection, the term "deep injection well"

means a well used for the underground injection of hazardous waste

other than a well to which section 6979a(a) (!2) of this title

applies.

(g) Additional land disposal prohibition determinations

(1) Not later than twenty-four months after November 8, 1984, the

Administrator shall submit a schedule to Congress for -

(A) reviewing all hazardous wastes listed (as of November 8,

1984) under section 6921 of this title other than those wastes

which are referred to in subsection (d) or (e) of this section;

and

(B) taking action under paragraph (5) of this subsection with

respect to each such hazardous waste.

(2) The Administrator shall base the schedule on a ranking of

such listed wastes considering their intrinsic hazard and their

volume such that decisions regarding the land disposal of high

volume hazardous wastes with high intrinsic hazard shall, to the

maximum extent possible, be made by the date forty-five months

after November 8, 1984. Decisions regarding low volume hazardous

wastes with lower intrinsic hazard shall be made by the date

sixty-six months after November 8, 1984.

(3) The preparation and submission of the schedule under this

subsection shall not be subject to the Paperwork Reduction Act of

1980.(!2) No hearing on the record shall be required for purposes

of preparation or submission of the schedule. The schedule shall

not be subject to judicial review.

(4) The schedule under this subsection shall require that the

Administrator shall promulgate regulations in accordance with

paragraph (5) or make a determination under paragraph (5) -

(A) for at least one-third of all hazardous wastes referred to

in paragraph (1) by the date forty-five months after November 8,

1984;

(B) for at least two-thirds of all such listed wastes by the

date fifty-five months after November 8, 1984; and

(C) for all such listed wastes and for all hazardous wastes

identified under section 6921 of this title by the date sixty-six

months after November 8, 1984.

In the case of any hazardous waste identified or listed under

section 6921 of this title after November 8, 1984, the

Administrator shall determine whether such waste shall be

prohibited from one or more methods of land disposal in accordance

with paragraph (5) within six months after the date of such

identification or listing.

(5) Not later than the date specified in the schedule published

under this subsection, the Administrator shall promulgate final

regulations prohibiting one or more methods of land disposal of the

hazardous wastes listed on such schedule except for methods of land

disposal which the Administrator determines will be protective of

human health and the environment for as long as the waste remains

hazardous, taking into account the factors referred to in

subparagraphs (A) through (C) of subsection (d)(1) of this section.

For the purposes of this paragraph, a method of land disposal may

not be determined to be protective of human health and the

environment (except with respect to a hazardous waste which has

complied with the pretreatment regulations promulgated under

subsection (m) of this section) unless, upon application by an

interested person, it has been demonstrated to the Administrator,

to a reasonable degree of certainty, that there will be no

migration of hazardous constituents from the disposal unit or

injection zone for as long as the wastes remain hazardous.

(6)(A) If the Administrator fails (by the date forty-five months

after November 8, 1984) to promulgate regulations or make a

determination under paragraph (5) for any hazardous waste which is

included in the first one-third of the schedule published under

this subsection, such hazardous waste may be disposed of in a

landfill or surface impoundment only if -

(i) such facility is in compliance with the requirements of

subsection (o) of this section which are applicable to new

facilities (relating to minimum technological requirements); and

(ii) prior to such disposal, the generator has certified to the

Administrator that such generator has investigated the

availability of treatment capacity and has determined that the

use of such landfill or surface impoundment is the only practical

alternative to treatment currently available to the generator.

The prohibition contained in this subparagraph shall continue to

apply until the Administrator promulgates regulations or makes a

determination under paragraph (5) for the waste concerned.

(B) If the Administrator fails (by the date 55 months after

November 8, 1984) to promulgate regulations or make a determination

under paragraph (5) for any hazardous waste which is included in

the first two-thirds of the schedule published under this

subsection, such hazardous waste may be disposed of in a landfill

or surface impoundment only if -

(i) such facility is in compliance with the requirements of

subsection (o) of this section which are applicable to new

facilities (relating to minimum technological requirements); and

(ii) prior to such disposal, the generator has certified to the

Administrator that such generator has investigated the

availability of treatment capacity and has determined that the

use of such landfill or surface impoundment is the only practical

alternative to treatment currently available to the generator.

The prohibition contained in this subparagraph shall continue to

apply until the Administrator promulgates regulations or makes a

determination under paragraph (5) for the waste concerned.

(C) If the Administrator fails to promulgate regulations, or make

a determination under paragraph (5) for any hazardous waste

referred to in paragraph (1) within 66 months after November 8,

1984, such hazardous waste shall be prohibited from land disposal.

(7) Solid waste identified as hazardous based solely on one or

more characteristics shall not be subject to this subsection, any

prohibitions under subsection (d), (e), or (f) of this section, or

any requirement promulgated under subsection (m) of this section

(other than any applicable specific methods of treatment, as

provided in paragraph (8)) if the waste -

(A) is treated in a treatment system that subsequently

discharges to waters of the United States pursuant to a permit

issued under section 1342 of title 33, treated for the purposes

of the pretreatment requirements of section 1317 of title 33, or

treated in a zero discharge system that, prior to any permanent

land disposal, engages in treatment that is equivalent to

treatment required under section 1342 of title 33 for discharges

to waters of the United States, as determined by the

Administrator; and

(B) no longer exhibits a hazardous characteristic prior to

management in any land-based solid waste management unit.

(8) Solid waste that otherwise qualifies under paragraph (7)

shall nevertheless be required to meet any applicable specific

methods of treatment specified for such waste by the Administrator

under subsection (m) of this section, including those specified in

the rule promulgated by the Administrator June 1, 1990, prior to

management in a land-based unit as part of a treatment system

specified in paragraph (7)(A). No solid waste may qualify under

paragraph (7) that would generate toxic gases, vapors, or fumes due

to the presence of cyanide when exposed to pH conditions between

2.0 and 12.5.

(9) Solid waste identified as hazardous based on one or more

characteristics alone shall not be subject to this subsection, any

prohibitions under subsection (d), (e), or (f) of this section, or

any requirement promulgated under subsection (m) of this section if

the waste no longer exhibits a hazardous characteristic at the

point of injection in any Class I injection well permitted under

section 300h-1 of this title.

(10) Not later than five years after March 26, 1996, the

Administrator shall complete a study of hazardous waste managed

pursuant to paragraph (7) or (9) to characterize the risks to human

health or the environment associated with such management. In

conducting this study, the Administrator shall evaluate the extent

to which risks are adequately addressed under existing State or

Federal programs and whether unaddressed risks could be better

addressed under such laws or programs. Upon receipt of additional

information or upon completion of such study and as necessary to

protect human health and the environment, the Administrator may

impose additional requirements under existing Federal laws,

including subsection (m)(1) of this section, or rely on other State

or Federal programs or authorities to address such risks. In

promulgating any treatment standards pursuant to subsection (m)(1)

of this section under the previous sentence, the Administrator

shall take into account the extent to which treatment is occurring

in land-based units as part of a treatment system specified in

paragraph (7)(A).

(11) Nothing in paragraph (7) or (9) shall be interpreted or

applied to restrict any inspection or enforcement authority under

the provisions of this chapter.

(h) Variance from land disposal prohibitions

(1) A prohibition in regulations under subsection (d), (e), (f),

or (g) of this section shall be effective immediately upon

promulgation.

(2) The Administrator may establish an effective date different

from the effective date which would otherwise apply under

subsection (d), (e), (f), or (g) of this section with respect to a

specific hazardous waste which is subject to a prohibition under

subsection (d), (e), (f), or (g) of this section or under

regulations under subsection (d), (e), (f), or (g) of this section.

Any such other effective date shall be established on the basis of

the earliest date on which adequate alternative treatment,

recovery, or disposal capacity which protects human health and the

environment will be available. Any such other effective date shall

in no event be later than 2 years after the effective date of the

prohibition which would otherwise apply under subsection (d), (e),

(f), or (g) of this section.

(3) The Administrator, after notice and opportunity for comment

and after consultation with appropriate State agencies in all

affected States, may on a case-by-case basis grant an extension of

the effective date which would otherwise apply under subsection

(d), (e), (f), or (g) of this section or under paragraph (2) for up

to one year, where the applicant demonstrates that there is a

binding contractual commitment to construct or otherwise provide

such alternative capacity but due to circumstances beyond the

control of such applicant such alternative capacity cannot

reasonably be made available by such effective date. Such extension

shall be renewable once for no more than one additional year.

(4) Whenever another effective date (hereinafter referred to as a

"variance") is established under paragraph (2), or an extension is

granted under paragraph (3), with respect to any hazardous waste,

during the period for which such variance or extension is in

effect, such hazardous waste may be disposed of in a landfill or

surface impoundment only if such facility is in compliance with the

requirements of subsection (o) of this section.

(i) Publication of determination

If the Administrator determines that a method of land disposal

will be protective of human health and the environment, he shall

promptly publish in the Federal Register notice of such

determination, together with an explanation of the basis for such

determination.

(j) Storage of hazardous waste prohibited from land disposal

In the case of any hazardous waste which is prohibited from one

or more methods of land disposal under this section (or under

regulations promulgated by the Administrator under any provision of

this section) the storage of such hazardous waste is prohibited

unless such storage is solely for the purpose of the accumulation

of such quantities of hazardous waste as are necessary to

facilitate proper recovery, treatment or disposal.

(k) "Land disposal" defined

For the purposes of this section, the term "land disposal", when

used with respect to a specified hazardous waste, shall be deemed

to include, but not be limited to, any placement of such hazardous

waste in a landfill, surface impoundment, waste pile, injection

well, land treatment facility, salt dome formation, salt bed

formation, or underground mine or cave.

(l) Ban on dust suppression

The use of waste or used oil or other material, which is

contaminated or mixed with dioxin or any other hazardous waste

identified or listed under section 6921 of this title (other than a

waste identified solely on the basis of ignitability), for dust

suppression or road treatment is prohibited.

(m) Treatment standards for wastes subject to land disposal

prohibition

(1) Simultaneously with the promulgation of regulations under

subsection (d), (e), (f), or (g) of this section prohibiting one or

more methods of land disposal of a particular hazardous waste, and

as appropriate thereafter, the Administrator shall, after notice

and an opportunity for hearings and after consultation with

appropriate Federal and State agencies, promulgate regulations

specifying those levels or methods of treatment, if any, which

substantially diminish the toxicity of the waste or substantially

reduce the likelihood of migration of hazardous constituents from

the waste so that short-term and long-term threats to human health

and the environment are minimized.

(2) If such hazardous waste has been treated to the level or by a

method specified in regulations promulgated under this subsection,

such waste or residue thereof shall not be subject to any

prohibition promulgated under subsection (d), (e), (f), or (g) of

this section and may be disposed of in a land disposal facility

which meets the requirements of this subchapter. Any regulation

promulgated under this subsection for a particular hazardous waste

shall become effective on the same date as any applicable

prohibition promulgated under subsection (d), (e), (f), or (g) of

this section.

(n) Air emissions

Not later than thirty months after November 8, 1984, the

Administrator shall promulgate such regulations for the monitoring

and control of air emissions at hazardous waste treatment, storage,

and disposal facilities, including but not limited to open tanks,

surface impoundments, and landfills, as may be necessary to protect

human health and the environment.

(o) Minimum technological requirements

(1) The regulations under subsection (a) of this section shall be

revised from time to time to take into account improvements in the

technology of control and measurement. At a minimum, such

regulations shall require, and a permit issued pursuant to section

6925(c) of this title after November 8, 1984, by the Administrator

or a State shall require -

(A) for each new landfill or surface impoundment, each new

landfill or surface impoundment unit at an existing facility,

each replacement of an existing landfill or surface impoundment

unit, and each lateral expansion of an existing landfill or

surface impoundment unit, for which an application for a final

determination regarding issuance of a permit under section

6925(c) of this title is received after November 8, 1984 -

(i) the installation of two or more liners and a leachate

collection system above (in the case of a landfill) and between

such liners; and

(ii) ground water monitoring; and

(B) for each incinerator which receives a permit under section

6925(c) of this title after November 8, 1984, the attainment of

the minimum destruction and removal efficiency required by

regulations in effect on June 24, 1982.

The requirements of this paragraph shall apply with respect to all

waste received after the issuance of the permit.

(2) Paragraph (1)(A)(i) shall not apply if the owner or operator

demonstrates to the Administrator, and the Administrator finds for

such landfill or surface impoundment, that alternative design and

operating practices, together with location characteristics, will

prevent the migration of any hazardous constituents into the ground

water or surface water at least as effectively as such liners and

leachate collection systems.

(3) The double-liner requirement set forth in paragraph (1)(A)(i)

may be waived by the Administrator for any monofill, if -

(A) such monofill contains only hazardous wastes from foundry

furnace emission controls or metal casting molding sand,

(B) such wastes do not contain constituents which would render

the wastes hazardous for reasons other than the Extraction

Procedure ("EP") toxicity characteristics set forth in

regulations under this subchapter, and

(C) such monofill meets the same requirements as are applicable

in the case of a waiver under section 6925(j)(2) or (4) of this

title.

(4)(A) Not later than thirty months after November 8, 1984, the

Administrator shall promulgate standards requiring that new

landfill units, surface impoundment units, waste piles, underground

tanks and land treatment units for the storage, treatment, or

disposal of hazardous waste identified or listed under section 6921

of this title shall be required to utilize approved leak detection

systems.

(B) For the purposes of subparagraph (A) -

(i) the term "approved leak detection system" means a system or

technology which the Administrator determines to be capable of

detecting leaks of hazardous constituents at the earliest

practicable time; and

(ii) the term "new units" means units on which construction

commences after the date of promulgation of regulations under

this paragraph.

(5)(A) The Administrator shall promulgate regulations or issue

guidance documents implementing the requirements of paragraph

(1)(A) within two years after November 8, 1984.

(B) Until the effective date of such regulations or guidance

documents, the requirement for the installation of two or more

liners may be satisfied by the installation of a top liner

designed, operated, and constructed of materials to prevent the

migration of any constituent into such liner during the period such

facility remains in operation (including any post-closure

monitoring period), and a lower liner designed, operated (!3) and

constructed to prevent the migration of any constituent through

such liner during such period. For the purpose of the preceding

sentence, a lower liner shall be deemed to satisfy such requirement

if it is constructed of at least a 3-foot thick layer of

recompacted clay or other natural material with a permeability of

no more than 1G6*10G5-7 centimeter per second.

(6) Any permit under section 6925 of this title which is issued

for a landfill located within the State of Alabama shall require

the installation of two or more liners and a leachate collection

system above and between such liners, notwithstanding any other

provision of this chapter.

(7) In addition to the requirements set forth in this subsection,

the regulations referred to in paragraph (1) shall specify criteria

for the acceptable location of new and existing treatment, storage,

or disposal facilities as necessary to protect human health and the

environment. Within 18 months after November 8, 1984, the

Administrator shall publish guidance criteria identifying areas of

vulnerable hydrogeology.

(p) Ground water monitoring

The standards under this section concerning ground water

monitoring which are applicable to surface impoundments, waste

piles, land treatment units, and landfills shall apply to such a

facility whether or not -

(1) the facility is located above the seasonal high water

table;

(2) two liners and a leachate collection system have been

installed at the facility; or

(3) the owner or operator inspects the liner (or liners) which

has been installed at the facility.

This subsection shall not be construed to affect other exemptions

or waivers from such standards provided in regulations in effect on

November 8, 1984, or as may be provided in revisions to those

regulations, to the extent consistent with this subsection. The

Administrator is authorized on a case-by-case basis to exempt from

ground water monitoring requirements under this section (including

subsection (o) of this section) any engineered structure which the

Administrator finds does not receive or contain liquid waste (nor

waste containing free liquids), is designed and operated to exclude

liquid from precipitation or other runoff, utilizes multiple leak

detection systems within the outer layer of containment, and

provides for continuing operation and maintenance of these leak

detection systems during the operating period, closure, and the

period required for post-closure monitoring and for which the

Administrator concludes on the basis of such findings that there is

a reasonable certainty hazardous constituents will not migrate

beyond the outer layer of containment prior to the end of the

period required for post-closure monitoring.

(q) Hazardous waste used as fuel

(1) Not later than two years after November 8, 1984, and after

notice and opportunity for public hearing, the Administrator shall

promulgate regulations establishing such -

(A) standards applicable to the owners and operators of

facilities which produce a fuel -

(i) from any hazardous waste identified or listed under

section 6921 of this title, or

(ii) from any hazardous waste identified or listed under

section 6921 of this title and any other material;

(B) standards applicable to the owners and operators of

facilities which burn, for purposes of energy recovery, any fuel

produced as provided in subparagraph (A) or any fuel which

otherwise contains any hazardous waste identified or listed under

section 6921 of this title; and

(C) standards applicable to any person who distributes or

markets any fuel which is produced as provided in subparagraph

(A) or any fuel which otherwise contains any hazardous waste

identified or listed under section 6921 of this title;

as may be necessary to protect human health and the environment.

Such standards may include any of the requirements set forth in

paragraphs (1) through (7) of subsection (a) of this section as may

be appropriate. Nothing in this subsection shall be construed to

affect or impair the provisions of section 6921(b)(3) of this

title. For purposes of this subsection, the term "hazardous waste

listed under section 6921 of this title" includes any commercial

chemical product which is listed under section 6921 of this title

and which, in lieu of its original intended use, is (i) produced

for use as (or as a component of) a fuel, (ii) distributed for use

as a fuel, or (iii) burned as a fuel.

(2)(A) This subsection, subsection (r) of this section, and

subsection (s) of this section shall not apply to petroleum

refinery wastes containing oil which are converted into petroleum

coke at the same facility at which such wastes were generated,

unless the resulting coke product would exceed one or more

characteristics by which a substance would be identified as a

hazardous waste under section 6921 of this title.

(B) The Administrator may exempt from the requirements of this

subsection, subsection (r) of this section, or subsection (s) of

this section facilities which burn de minimis quantities of

hazardous waste as fuel, as defined by the Administrator, if the

wastes are burned at the same facility at which such wastes are

generated; the waste is burned to recover useful energy, as

determined by the Administrator on the basis of the design and

operating characteristics of the facility and the heating value and

other characteristics of the waste; and the waste is burned in a

type of device determined by the Administrator to be designed and

operated at a destruction and removal efficiency sufficient such

that protection of human health and environment is assured.

(C)(i) After November 8, 1984, and until standards are

promulgated and in effect under paragraph (2) of this subsection,

no fuel which contains any hazardous waste may be burned in any

cement kiln which is located within the boundaries of any

incorporated municipality with a population greater than five

hundred thousand (based on the most recent census statistics)

unless such kiln fully complies with regulations (as in effect on

November 8, 1984) under this subchapter which are applicable to

incinerators.

(ii) Any person who knowingly violates the prohibition contained

in clause (i) shall be deemed to have violated section 6928(d)(2)

of this title.

(r) Labeling

(1) Notwithstanding any other provision of law, until such time

as the Administrator promulgates standards under subsection (q) of

this section specifically superceding this requirement, it shall be

unlawful for any person who is required to file a notification in

accordance with paragraph (1) or (3) of section 6930 of this title

to distribute or market any fuel which is produced from any

hazardous waste identified or listed under section 6921 of this

title, or any fuel which otherwise contains any hazardous waste

identified or listed under section 6921 of this title if the

invoice or the bill of sale fails -

(A) to bear the following statement: "WARNING: THIS FUEL

CONTAINS HAZARDOUS WASTES", and

(B) to list the hazardous wastes contained therein.

Beginning ninety days after November 8, 1984, such statement shall

be located in a conspicuous place on every such invoice or bill of

sale and shall appear in conspicuous and legible type in contrast

by typography, layouts, or color with other printed matter on the

invoice or bill of sale.

(2) Unless the Administrator determines otherwise as may be

necessary to protect human health and the environment, this

subsection shall not apply to fuels produced from petroleum

refining waste containing oil if -

(A) such materials are generated and reinserted onsite into the

refining process;

(B) contaminants are removed; and

(C) such refining waste containing oil is converted along with

normal process streams into petroleum-derived fuel products at a

facility at which crude oil is refined into petroleum products

and which is classified as a number SIC 2911 facility under the

Office of Management and Budget Standard Industrial

Classification Manual.

(3) Unless the Administrator determines otherwise as may be

necessary to protect human health and the environment, this

subsection shall not apply to fuels produced from oily materials,

resulting from normal petroleum refining, production and

transportation practices, if (A) contaminants are removed; and (B)

such oily materials are converted along with normal process streams

into petroleum-derived fuel products at a facility at which crude

oil is refined into petroleum products and which is classified as a

number SIC 2911 facility under the Office of Management and Budget

Standard Industrial Classification Manual.

(s) Recordkeeping

Not later than fifteen months after November 8, 1984, the

Administrator shall promulgate regulations requiring that any

person who is required to file a notification in accordance with

subparagraph (1), (2), or (3), of section 6930(a) of this title

shall maintain such records regarding fuel blending, distribution,

or use as may be necessary to protect human health and the

environment.

(t) Financial responsibility provisions

(1) Financial responsibility required by subsection (a) of this

section may be established in accordance with regulations

promulgated by the Administrator by any one, or any combination, of

the following: insurance, guarantee, surety bond, letter of credit,

or qualification as a self-insurer. In promulgating requirements

under this section, the Administrator is authorized to specify

policy or other contractual terms, conditions, or defenses which

are necessary or are unacceptable in establishing such evidence of

financial responsibility in order to effectuate the purposes of

this chapter.

(2) In any case where the owner or operator is in bankruptcy,

reorganization, or arrangement pursuant to the Federal Bankruptcy

Code or where (with reasonable diligence) jurisdiction in any State

court or any Federal Court cannot be obtained over an owner or

operator likely to be solvent at the time of judgment, any claim

arising from conduct for which evidence of financial responsibility

must be provided under this section may be asserted directly

against the guarantor providing such evidence of financial

responsibility. In the case of any action pursuant to this

subsection, such guarantor shall be entitled to invoke all rights

and defenses which would have been available to the owner or

operator if any action had been brought against the owner or

operator by the claimant and which would have been available to the

guarantor if an action had been brought against the guarantor by

the owner or operator.

(3) The total liability of any guarantor shall be limited to the

aggregate amount which the guarantor has provided as evidence of

financial responsibility to the owner or operator under this

chapter. Nothing in this subsection shall be construed to limit any

other State or Federal statutory, contractual or common law

liability of a guarantor to its owner or operator including, but

not limited to, the liability of such guarantor for bad faith

either in negotiating or in failing to negotiate the settlement of

any claim. Nothing in this subsection shall be construed to

diminish the liability of any person under section 9607 or 9611 of

this title or other applicable law.

(4) For the purpose of this subsection, the term "guarantor"

means any person, other than the owner or operator, who provides

evidence of financial responsibility for an owner or operator under

this section.

(u) Continuing releases at permitted facilities

Standards promulgated under this section shall require, and a

permit issued after November 8, 1984, by the Administrator or a

State shall require, corrective action for all releases of

hazardous waste or constituents from any solid waste management

unit at a treatment, storage, or disposal facility seeking a permit

under this subchapter, regardless of the time at which waste was

placed in such unit. Permits issued under section 6925 of this

title shall contain schedules of compliance for such corrective

action (where such corrective action cannot be completed prior to

issuance of the permit) and assurances of financial responsibility

for completing such corrective action.

(v) Corrective action beyond facility boundary

As promptly as practicable after November 8, 1984, the

Administrator shall amend the standards under this section

regarding corrective action required at facilities for the

treatment, storage, or disposal, of hazardous waste listed or

identified under section 6921 of this title to require that

corrective action be taken beyond the facility boundary where

necessary to protect human health and the environment unless the

owner or operator of the facility concerned demonstrates to the

satisfaction of the Administrator that, despite the owner or

operator's best efforts, the owner or operator was unable to obtain

the necessary permission to undertake such action. Such regulations

shall take effect immediately upon promulgation, notwithstanding

section 6930(b) of this title, and shall apply to -

(1) all facilities operating under permits issued under

subsection (c) of this section, and

(2) all landfills, surface impoundments, and waste pile units

(including any new units, replacements of existing units, or

lateral expansions of existing units) which receive hazardous

waste after July 26, 1982.

Pending promulgation of such regulations, the Administrator shall

issue corrective action orders for facilities referred to in

paragraphs (1) and (2), on a case-by-case basis, consistent with

the purposes of this subsection.

(w) Underground tanks

Not later than March 1, 1985, the Administrator shall promulgate

final permitting standards under this section for underground tanks

that cannot be entered for inspection. Within forty-eight months

after November 8, 1984, such standards shall be modified, if

necessary, to cover at a minimum all requirements and standards

described in section 6991b of this title.

(x) Mining and other special wastes

If (1) solid waste from the extraction, beneficiation or

processing of ores and minerals, including phosphate rock and

overburden from the mining of uranium, (2) fly ash waste, bottom

ash waste, slag waste, and flue gas emission control waste

generated primarily from the combustion of coal or other fossil

fuels, or (3) cement kiln dust waste, is subject to regulation

under this subchapter, the Administrator is authorized to modify

the requirements of subsections (c), (d), (e), (f), (g), (o), and

(u) of this section and section 6925(j) of this title, in the case

of landfills or surface impoundments receiving such solid waste, to

take into account the special characteristics of such wastes, the

practical difficulties associated with implementation of such

requirements, and site-specific characteristics, including but not

limited to the climate, geology, hydrology and soil chemistry at

the site, so long as such modified requirements assure protection

of human health and the environment.

(y) Munitions

(1) Not later than 6 months after October 6, 1992, the

Administrator shall propose, after consulting with the Secretary of

Defense and appropriate State officials, regulations identifying

when military munitions become hazardous waste for purposes of this

subchapter and providing for the safe transportation and storage of

such waste. Not later than 24 months after October 6, 1992, and

after notice and opportunity for comment, the Administrator shall

promulgate such regulations. Any such regulations shall assure

protection of human health and the environment.

(2) For purposes of this subsection, the term "military

munitions" includes chemical and conventional munitions.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3004, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2807; amended Pub. L. 96-482, Sec. 9,

Oct. 21, 1980, 94 Stat. 2338; Pub. L. 98-616, title II, Secs.

201(a), 202(a), 203, 204(b)(1), 205-209, Nov. 8, 1984, 98 Stat.

3226, 3233, 3234, 3236, 3238-3240; Pub. L. 102-386, title I, Sec.

107, Oct. 6, 1992, 106 Stat. 1513; Pub. L. 104-119, Secs. 2,

4(2)-(5), Mar. 26, 1996, 110 Stat. 830, 833.)

-REFTEXT-

REFERENCES IN TEXT

Section 6922(5) of this title, referred to in subsec. (a)(2), was

redesignated section 6922(a)(5) of this title, by Pub. L. 98-616,

title II, Sec. 224(a)(1), Nov. 8, 1984, 98 Stat. 3253.

The Safe Drinking Water Act, referred to in subsec. (c)(3), is

title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.

93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified

generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of

this title. For complete classification of this Act to the Code see

Short Title note set out under section 201 of this title and

Tables.

Section 6979a of this title, referred to in subsec. (f)(4), was

in the original a reference to section 7010 of Pub. L. 89-272,

which was renumbered section 3020 of Pub. L. 89-272 by Pub. L.

99-339, title II, Sec. 201(c), June 19, 1986, 100 Stat. 654, and

transferred to section 6939b of this title.

The Paperwork Reduction Act of 1980, referred to in subsec.

(g)(3), is Pub. L. 96-511, Dec. 11, 1980, 94 Stat. 2812, as

amended, which was classified principally to chapter 35 (Sec. 3501

et seq.) of Title 44, Public Printing and Documents, prior to the

general amendment of that chapter by Pub. L. 104-13, Sec. 2, May

22, 1995, 109 Stat. 163. For complete classification of this Act to

the Code, see Short Title of 1980 Amendment note set out under

section 101 of Title 44 and Tables.

The Federal Bankruptcy Code, referred to in subsec. (t)(2),

probably means a reference to Title 11, Bankruptcy.

-MISC1-

AMENDMENTS

1996 - Subsec. (g)(5). Pub. L. 104-119, Sec. 4(3), substituted

"subparagraphs (A) through (C)" for "subparagraph (A) through (C)".

Subsec. (g)(7) to (11). Pub. L. 104-119, Sec. 2, added pars. (7)

to (11).

Subsec. (q)(1)(C). Pub. L. 104-119, Sec. 4(2), inserted a

semicolon at end of subpar. (C).

Subsec. (r)(2)(C). Pub. L. 104-119, Sec. 4(4), substituted

"petroleum-derived" for "pertroleum-derived".

Subsec. (r)(3). Pub. L. 104-119, Sec. 4(5), inserted "Industrial"

after "Standard".

1992 - Subsec. (y). Pub. L. 102-386 added subsec. (y).

1984 - Subsec. (a). Pub. L. 98-616, Sec. 201(a), designated

existing provisions as subsec. (a).

Subsec. (a)(6). Pub. L. 98-616, Sec. 208, inserted "(including

financial responsibility for corrective action)".

Subsecs. (b) to (n). Pub. L. 98-616, Sec. 201(a), added subsecs.

(b) to (n).

Subsec. (o). Pub. L. 98-616, Sec. 202(a), added subsec. (o).

Subsec. (p). Pub. L. 98-616, Sec. 203, added subsec. (p).

Subsecs. (q) to (s). Pub. L. 98-616, Sec. 204(b)(1), added

subsecs. (q) to (s).

Subsec. (t). Pub. L. 98-616, Sec. 205, added subsec. (t).

Subsec. (u). Pub. L. 98-616, Sec. 206, added subsec. (u).

Subsecs. (v), (w). Pub. L. 98-616, Sec. 207, added subsecs. (v)

and (w).

Subsec. (x). Pub. L. 98-616, Sec. 209, added subsec. (x).

1980 - Pub. L. 96-482 required standards regulations to reflect

distinction in requirements appropriate for new facilities and for

facilities in existence on date of promulgation of the regulations.

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6921, 6925, 6926, 6935,

6936, 6939c, 6939e, 6971, 9601, 9621, 9622 of this title; title 10

section 2708; title 26 section 4662.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) See References in Text note below.

(!3) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 6925 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6925. Permits for treatment, storage, or disposal of hazardous

waste

-STATUTE-

(a) Permit requirements

Not later than eighteen months after October 21, 1976, the

Administrator shall promulgate regulations requiring each person

owning or operating an existing facility or planning to construct a

new facility for the treatment, storage, or disposal of hazardous

waste identified or listed under this subchapter to have a permit

issued pursuant to this section. Such regulations shall take effect

on the date provided in section 6930 of this title and upon and

after such date the treatment, storage, or disposal of any such

hazardous waste and the construction of any new facility for the

treatment, storage, or disposal of any such hazardous waste is

prohibited except in accordance with such a permit. No permit shall

be required under this section in order to construct a facility if

such facility is constructed pursuant to an approval issued by the

Administrator under section 2605(e) of title 15 for the

incineration of polychlorinated biphenyls and any person owning or

operating such a facility may, at any time after operation or

construction of such facility has begun, file an application for a

permit pursuant to this section authorizing such facility to

incinerate hazardous waste identified or listed under this

subchapter.

(b) Requirements of permit application

Each application for a permit under this section shall contain

such information as may be required under regulations promulgated

by the Administrator, including information respecting -

(1) estimates with respect to the composition, quantities, and

concentrations of any hazardous waste identified or listed under

this subchapter, or combinations of any such hazardous waste and

any other solid waste, proposed to be disposed of, treated,

transported, or stored, and the time, frequency, or rate of which

such waste is proposed to be disposed of, treated, transported,

or stored; and

(2) the site at which such hazardous waste or the products of

treatment of such hazardous waste will be disposed of, treated,

transported to, or stored.

(c) Permit issuance

(1) Upon a determination by the Administrator (or a State, if

applicable), of compliance by a facility for which a permit is

applied for under this section with the requirements of this

section and section 6924 of this title, the Administrator (or the

State) shall issue a permit for such facilities. In the event

permit applicants propose modification of their facilities, or in

the event the Administrator (or the State) determines that

modifications are necessary to conform to the requirements under

this section and section 6924 of this title, the permit shall

specify the time allowed to complete the modifications.

(2)(A)(i) Not later than the date four years after November 8,

1984, in the case of each application under this subsection for a

permit for a land disposal facility which was submitted before such

date, the Administrator shall issue a final permit pursuant to such

application or issue a final denial of such application.

(ii) Not later than the date five years after November 8, 1984,

in the case of each application for a permit under this subsection

for an incinerator facility which was submitted before such date,

the Administrator shall issue a final permit pursuant to such

application or issue a final denial of such application.

(B) Not later than the date eight years after November 8, 1984,

in the case of each application for a permit under this subsection

for any facility (other than a facility referred to in subparagraph

(A)) which was submitted before such date, the Administrator shall

issue a final permit pursuant to such application or issue a final

denial of such application.

(C) The time periods specified in this paragraph shall also apply

in the case of any State which is administering an authorized

hazardous waste program under section 6926 of this title. Interim

status under subsection (e) of this section shall terminate for

each facility referred to in subparagraph (A)(ii) or (B) on the

expiration of the five- or eight-year period referred to in

subparagraph (A) or (B), whichever is applicable, unless the owner

or operator of the facility applies for a final determination

regarding the issuance of a permit under this subsection within -

(i) two years after November 8, 1984 (in the case of a facility

referred to in subparagraph (A)(ii)), or

(ii) four years after November 8, 1984 (in the case of a

facility referred to in subparagraph (B)).

(3) Any permit under this section shall be for a fixed term, not

to exceed 10 years in the case of any land disposal facility,

storage facility, or incinerator or other treatment facility. Each

permit for a land disposal facility shall be reviewed five years

after date of issuance or reissuance and shall be modified as

necessary to assure that the facility continues to comply with the

currently applicable requirements of this section and section 6924

of this title. Nothing in this subsection shall preclude the

Administrator from reviewing and modifying a permit at any time

during its term. Review of any application for a permit renewal

shall consider improvements in the state of control and measurement

technology as well as changes in applicable regulations. Each

permit issued under this section shall contain such terms and

conditions as the Administrator (or the State) determines necessary

to protect human health and the environment.

(d) Permit revocation

Upon a determination by the Administrator (or by a State, in the

case of a State having an authorized hazardous waste program under

section 6926 of this title) of noncompliance by a facility having a

permit under this chapter with the requirements of this section or

section 6924 of this title, the Administrator (or State, in the

case of a State having an authorized hazardous waste program under

section 6926 of this title) shall revoke such permit.

(e) Interim status

(1) Any person who -

(A) owns or operates a facility required to have a permit under

this section which facility -

(i) was in existence on November 19, 1980, or

(ii) is in existence on the effective date of statutory or

regulatory changes under this chapter that render the facility

subject to the requirement to have a permit under this section,

(B) has complied with the requirements of section 6930(a) of

this title, and

(C) has made an application for a permit under this section,

shall be treated as having been issued such permit until such time

as final administrative disposition of such application is made,

unless the Administrator or other plaintiff proves that final

administrative disposition of such application has not been made

because of the failure of the applicant to furnish information

reasonably required or requested in order to process the

application. This paragraph shall not apply to any facility which

has been previously denied a permit under this section or if

authority to operate the facility under this section has been

previously terminated.

(2) In the case of each land disposal facility which has been

granted interim status under this subsection before November 8,

1984, interim status shall terminate on the date twelve months

after November 8, 1984, unless the owner or operator of such

facility -

(A) applies for a final determination regarding the issuance of

a permit under subsection (c) of this section for such facility

before the date twelve months after November 8, 1984; and

(B) certifies that such facility is in compliance with all

applicable groundwater monitoring and financial responsibility

requirements.

(3) In the case of each land disposal facility which is in

existence on the effective date of statutory or regulatory changes

under this chapter that render the facility subject to the

requirement to have a permit under this section and which is

granted interim status under this subsection, interim status shall

terminate on the date twelve months after the date on which the

facility first becomes subject to such permit requirement unless

the owner or operator of such facility -

(A) applies for a final determination regarding the issuance of

a permit under subsection (c) of this section for such facility

before the date twelve months after the date on which the

facility first becomes subject to such permit requirement; and

(B) certifies that such facility is in compliance with all

applicable groundwater monitoring and financial responsibility

requirements.

(f) Coal mining wastes and reclamation permits

Notwithstanding subsection (a) through (e) of this section, any

surface coal mining and reclamation permit covering any coal mining

wastes or overburden which has been issued or approved under the

Surface Mining Control and Reclamation Act of 1977 [30 U.S.C. 1201

et seq.] shall be deemed to be a permit issued pursuant to this

section with respect to the treatment, storage, or disposal of such

wastes or overburden. Regulations promulgated by the Administrator

under this subchapter shall not be applicable to treatment,

storage, or disposal of coal mining wastes and overburden which are

covered by such a permit.

(g) Research, development, and demonstration permits

(1) The Administrator may issue a research, development, and

demonstration permit for any hazardous waste treatment facility

which proposes to utilize an innovative and experimental hazardous

waste treatment technology or process for which permit standards

for such experimental activity have not been promulgated under this

subchapter. Any such permit shall include such terms and conditions

as will assure protection of human health and the environment. Such

permits -

(A) shall provide for the construction of such facilities, as

necessary, and for operation of the facility for not longer than

one year (unless renewed as provided in paragraph (4)), and

(B) shall provide for the receipt and treatment by the facility

of only those types and quantities of hazardous waste which the

Administrator deems necessary for purposes of determining the

efficacy and performance capabilities of the technology or

process and the effects of such technology or process on human

health and the environment, and

(C) shall include such requirements as the Administrator deems

necessary to protect human health and the environment (including,

but not limited to, requirements regarding monitoring, operation,

insurance or bonding, financial reponsibility,(!1) closure, and

remedial action), and such requirements as the Administrator

deems necessary regarding testing and providing of information to

the Administrator with respect to the operation of the facility.

The Administrator may apply the criteria set forth in this

paragraph in establishing the conditions of each permit without

separate establishment of regulations implementing such criteria.

(2) For the purpose of expediting review and issuance of permits

under this subsection, the Administrator may, consistent with the

protection of human health and the environment, modify or waive

permit application and permit issuance requirements established in

the Administrator's general permit regulations except that there

may be no modification or waiver of regulations regarding financial

responsibility (including insurance) or of procedures established

under section 6974(b)(2) of this title regarding public

participation.

(3) The Administrator may order an immediate termination of all

operations at the facility at any time he determines that

termination is necessary to protect human health and the

environment.

(4) Any permit issued under this subsection may be renewed not

more than three times. Each such renewal shall be for a period of

not more than 1 year.

(h) Waste minimization

Effective September 1, 1985, it shall be a condition of any

permit issued under this section for the treatment, storage, or

disposal of hazardous waste on the premises where such waste was

generated that the permittee certify, no less often than annually,

that -

(1) the generator of the hazardous waste has a program in place

to reduce the volume or quantity and toxicity of such waste to

the degree determined by the generator to be economically

practicable; and

(2) the proposed method of treatment, storage, or disposal is

that practicable method currently available to the generator

which minimizes the present and future threat to human health and

the environment.

(i) Interim status facilities receiving wastes after July 26, 1982

The standards concerning ground water monitoring, unsaturated

zone monitoring, and corrective action, which are applicable under

section 6924 of this title to new landfills, surface impoundments,

land treatment units, and waste-pile units required to be permitted

under subsection (c) of this section shall also apply to any

landfill, surface impoundment, land treatment unit, or waste-pile

unit qualifying for the authorization to operate under subsection

(e) of this section which receives hazardous waste after July 26,

1982.

(j) Interim status surface impoundments

(1) Except as provided in paragraph (2), (3), or (4), each

surface impoundment in existence on November 8, 1984, and

qualifying for the authorization to operate under subsection (e) of

this section shall not receive, store, or treat hazardous waste

after the date four years after November 8, 1984, unless such

surface impoundment is in compliance with the requirements of

section 6924(o)(1)(A) of this title which would apply to such

impoundment if it were new.

(2) Paragraph (1) of this subsection shall not apply to any

surface impoundment which (A) has at least one liner, for which

there is no evidence that such liner is leaking; (B) is located

more than one-quarter mile from an underground source of drinking

water; and (C) is in compliance with generally applicable ground

water monitoring requirements for facilities with permits under

subsection (c) of this section.

(3) Paragraph (1) of this subsection shall not apply to any

surface impoundment which (A) contains treated waste water during

the secondary or subsequent phases of an aggressive biological

treatment facility subject to a permit issued under section 1342 of

title 33 (or which holds such treated waste water after treatment

and prior to discharge); (B) is in compliance with generally

applicable ground water monitoring requirements for facilities with

permits under subsection (c) of this section; and (C)(i) is part of

a facility in compliance with section 1311(b)(2) of title 33, or

(ii) in the case of a facility for which no effluent guidelines

required under section 1314(b)(2) of title 33 are in effect and no

permit under section 1342(a)(1) of title 33 implementing section

1311(b)(2) of title 33 has been issued, is part of a facility in

compliance with a permit under section 1342 of title 33, which is

achieving significant degradation of toxic pollutants and hazardous

constituents contained in the untreated waste stream and which has

identified those toxic pollutants and hazardous constituents in the

untreated waste stream to the appropriate permitting authority.

(4) The Administrator (or the State, in the case of a State with

an authorized program), after notice and opportunity for comment,

may modify the requirements of paragraph (1) for any surface

impoundment if the owner or operator demonstrates that such surface

impoundment is located, designed and operated so as to assure that

there will be no migration of any hazardous constitutent (!2) into

ground water or surface water at any future time. The Administrator

or the State shall take into account locational criteria

established under section 6924(o)(7) of this title.

(5) The owner or operator of any surface impoundment potentially

subject to paragraph (1) who has reason to believe that on the

basis of paragraph (2), (3), or (4) such surface impoundment is not

required to comply with the requirements of paragraph (1), shall

apply to the Administrator (or the State, in the case of a State

with an authorized program) not later than twenty-four months after

November 8, 1984, for a determination of the applicability of

paragraph (1) (in the case of paragraph (2) or (3)) or for a

modification of the requirements of paragraph (1) (in the case of

paragraph (4)), with respect to such surface impoundment. Such

owner or operator shall provide, with such application, evidence

pertinent to such decision, including:

(A) an application for a final determination regarding the

issuance of a permit under subsection (c) of this section for

such facility, if not previously submitted;

(B) evidence as to compliance with all applicable ground water

monitoring requirements and the information and analysis from

such monitoring;

(C) all reasonably ascertainable evidence as to whether such

surface impoundment is leaking; and

(D) in the case of applications under paragraph (2) or (3), a

certification by a registered professional engineer with academic

training and experience in ground water hydrology that -

(i) under paragraph (2), the liner of such surface

impoundment is designed, constructed, and operated in

accordance with applicable requirements, such surface

impoundment is more than one-quarter mile from an underground

source of drinking water and there is no evidence such liner is

leaking; or

(ii) under paragraph (3), based on analysis of those toxic

pollutants and hazardous constituents that are likely to be

present in the untreated waste stream, such impoundment

satisfies the conditions of paragraph (3).

In the case of any surface impoundment for which the owner or

operator fails to apply under this paragraph within the time

provided by this paragraph or paragraph (6), such surface

impoundment shall comply with paragraph (1) notwithstanding

paragraph (2), (3), or (4). Within twelve months after receipt of

such application and evidence and not later than thirty-six months

after November 8, 1984, and after notice and opportunity to

comment, the Administrator (or, if appropriate, the State) shall

advise such owner or operator on the applicability of paragraph (1)

to such surface impoundment or as to whether and how the

requirements of paragraph (1) shall be modified and applied to such

surface impoundment.

(6)(A) In any case in which a surface impoundment becomes subject

to paragraph (1) after November 8, 1984, due to the promulgation of

additional listings or characteristics for the identification of

hazardous waste under section 6921 of this title, the period for

compliance in paragraph (1) shall be four years after the date of

such promulgation, the period for demonstrations under paragraph

(4) and for submission of evidence under paragraph (5) shall be not

later than twenty-four months after the date of such promulgation,

and the period for the Administrator (or if appropriate, the State)

to advise such owners or operators under paragraph (5) shall be not

later than thirty-six months after the date of promulgation.

(B) In any case in which a surface impoundment is initially

determined to be excluded from the requirements of paragraph (1)

but due to a change in condition (including the existence of a

leak) no longer satisfies the provisions of paragraph (2), (3), or

(4) and therefore becomes subject to paragraph (1), the period for

compliance in paragraph (1) shall be two years after the date of

discovery of such change of condition, or in the case of a surface

impoundment excluded under paragraph (3) three years after such

date of discovery.

(7)(A) The Administrator shall study and report to the Congress

on the number, range of size, construction, likelihood of hazardous

constituents migrating into ground water, and potential threat to

human health and the environment of existing surface impoundments

excluded by paragraph (3) from the requirements of paragraph (1).

Such report shall address the need, feasibility, and estimated

costs of subjecting such existing surface impoundments to the

requirements of paragraph (1).

(B) In the case of any existing surface impoundment or class of

surface impoundments from which the Administrator (or the State, in

the case of a State with an authorized program) determines

hazardous constituents are likely to migrate into ground water, the

Administrator (or if appropriate, the State) is authorized to

impose such requirements as may be necessary to protect human

health and the environment, including the requirements of section

6924(o) of this title which would apply to such impoundments if

they were new.

(C) In the case of any surface impoundment excluded by paragraph

(3) from the requirements of paragraph (1) which is subsequently

determined to be leaking, the Administrator (or, if appropriate,

the State) shall require compliance with paragraph (1), unless the

Administrator (or, if appropriate, the State) determines that such

compliance is not necessary to protect human health and the

environment.

(8) In the case of any surface impoundment in which the liners

and leak detection system have been installed pursuant to the

requirements of paragraph (1) and in good faith compliance with

section 6924(o) of this title and the Administrator's regulations

and guidance documents governing liners and leak detection systems,

no liner or leak detection system which is different from that

which was so installed pursuant to paragraph (1) shall be required

for such unit by the Administrator when issuing the first permit

under this section to such facility. Nothing in this paragraph

shall preclude the Administrator from requiring installation of a

new liner when the Administrator has reason to believe that any

liner installed pursuant to the requirements of this subsection is

leaking.

(9) In the case of any surface impoundment which has been

excluded by paragraph (2) on the basis of a liner meeting the

definition under paragraph (12)(A)(ii), at the closure of such

impoundment the Administrator shall require the owner or operator

of such impoundment to remove or decontaminate all waste residues,

all contaminated liner material, and contaminated soil to the

extent practicable. If all contaminated soil is not removed or

decontaminated, the owner or operator of such impoundment shall be

required to comply with appropriate post-closure requirements,

including but not limited to ground water monitoring and corrective

action.

(10) Any incremental cost attributable to the requirements of

this subsection or section 6924(o) of this title shall not be

considered by the Administrator (or the State, in the case of a

State with an authorized program under section 1342 of title 33) -

(A) in establishing effluent limitations and standards under

section 1311, 1314, 1316, 1317, or 1342 of title 33 based on

effluent limitations guidelines and standards promulgated any

time before twelve months after November 8, 1984; or

(B) in establishing any other effluent limitations to carry out

the provisions of section 1311, 1317, or 1342 of title 33 on or

before October 1, 1986.

(11)(A) If the Administrator allows a hazardous waste which is

prohibited from one or more methods of land disposal under

subsection (d), (e), or (g) of section 6924 of this title (or under

regulations promulgated by the Administrator under such

subsections) to be placed in a surface impoundment (which is

operating pursuant to interim status) for storage or treatment,

such impoundment shall meet the requirements that are applicable to

new surface impoundments under section 6924(o)(1) of this title,

unless such impoundment meets the requirements of paragraph (2) or

(4).

(B) In the case of any hazardous waste which is prohibited from

one or more methods of land disposal under subsection (d), (e), or

(g) of section 6924 of this title (or under regulations promulgated

by the Administrator under such subsection) the placement or

maintenance of such hazardous waste in a surface impoundment for

treatment is prohibited as of the effective date of such

prohibition unless the treatment residues which are hazardous are,

at a minimum, removed for subsequent management within one year of

the entry of the waste into the surface impoundment.

(12)(A) For the purposes of paragraph (2)(A) of this subsection,

the term "liner" means -

(i) a liner designed, constructed, installed, and operated to

prevent hazardous waste from passing into the liner at any time

during the active life of the facility; or

(ii) a liner designed, constructed, installed, and operated to

prevent hazardous waste from migrating beyond the liner to

adjacent subsurface soil, ground water, or surface water at any

time during the active life of the facility.

(B) For the purposes of this subsection, the term "aggressive

biological treatment facility" means a system of surface

impoundments in which the initial impoundment of the secondary

treatment segment of the facility utilizes intense mechanical

aeration to enhance biological activity to degrade waste water

pollutants and

(i) the hydraulic retention time in such initial impoundment is

no longer than 5 days under normal operating conditions, on an

annual average basis;

(ii) the hydraulic retention time in such initial impoundment

is no longer than thirty days under normal operating conditions,

on an annual average basis: Provided, That the sludge in such

impoundment does not constitute a hazardous waste as identified

by the extraction procedure toxicity characteristic in effect on

November 8, 1984; or

(iii) such system utilizes activated sludge treatment in the

first portion of secondary treatment.

(C) For the purposes of this subsection, the term "underground

source or (!3) drinking water" has the same meaning as provided in

regulations under the Safe Drinking Water Act (title XIV of the

Public Health Service Act [42 U.S.C. 300f et seq.]).

(13) The Administrator may modify the requirements of paragraph

(1) in the case of a surface impoundment for which the owner or

operator, prior to October 1, 1984, has entered into, and is in

compliance with, a consent order, decree, or agreement with the

Administrator or a State with an authorized program mandating

corrective action with respect to such surface impoundment that

provides a degree of protection of human health and the environment

which is at a minimum equivalent to that provided by paragraph (1).

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3005, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2808; amended Pub. L. 95-609, Sec. 7(h),

Nov. 8, 1978, 92 Stat. 3082; Pub. L. 96-482, Secs. 10, 11, Oct. 21,

1980, 94 Stat. 2338; Pub. L. 98-616, title II, Secs. 211-213(a),

(c), 214(a), 215, 224(b), 243(c), Nov. 8, 1984, 98 Stat. 3240-3243,

3253, 3261; Pub. L. 104-119, Sec. 4(6), (7), Mar. 26, 1996, 110

Stat. 833.)

-REFTEXT-

REFERENCES IN TEXT

The Surface Mining Control and Reclamation Act of 1977, referred

to in subsec. (f), is Pub. L. 95-87, Aug. 3, 1977, 91 Stat. 445, as

amended, which is classified generally to chapter 25 (Sec. 1201 et

seq.) of Title 30, Mineral Lands and Mining. For complete

classification of this Act to the Code, see Short Title note set

out under section 1201 of Title 30 and Tables.

The Safe Drinking Water Act, referred to in subsec. (j)(12)(C),

is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L.

93-523, Sec. 2(a), 88 Stat. 1660, as amended, which is classified

generally to subchapter XII (Sec. 300f et seq.) of chapter 6A of

this title. For complete classification of this Act to the Code see

Short Title note set out under section 201 of this title and

Tables.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-119, Sec. 4(6), substituted

"polychlorinated" for "polycholorinated".

Subsec. (e)(1)(C). Pub. L. 104-119, Sec. 4(7), inserted comma at

end of subpar. (C).

1984 - Subsec. (a). Pub. L. 98-616, Sec. 211, substituted "an

existing facility or planning to construct a new" for "a", inserted

"and the construction of any new facility for the treatment,

storage, or disposal of any such hazardous waste", and inserted at

end "No permit shall be required under this section in order to

construct a facility if such facility is constructed pursuant to an

approval issued by the Administrator under section 2605(e) of title

15 for the incineration of polycholorinated [sic] biphenyls and any

person owning or operating such a facility may, at any time after

operation or construction of such facility has begun, file an

application for a permit pursuant to this section authorizing such

facility to incinerate hazardous waste identified or listed under

this subchapter."

Subsec. (c)(1), (2). Pub. L. 98-616, Sec. 213(c), designated

existing provisions as par. (1) and added par. (2).

Subsec. (c)(3). Pub. L. 98-616, Sec. 212, added par. (3).

Subsec. (e). Pub. L. 98-616, Sec. 213(a), designated existing

provisions as par. (1), redesignated former pars. (1), (2), and (3)

thereof as subpars. (A), (B), and (C), respectively, designated

existing provisions of previously redesignated subpar. (A) as cl.

(i) and added cl. (ii), inserted "This paragraph shall not apply to

any facility which has been previously denied a permit under this

section or if authority to operate the facility under this section

has been previously terminated." to closing provisions of par. (1),

and added pars. (2) and (3).

Subsec. (g). Pub. L. 98-616, Sec. 214(a), added subsec. (g).

Subsec. (h). Pub. L. 98-616, Sec. 224(b), added subsec. (h).

Subsec. (i). Pub. L. 98-616, Sec. 243(c), added subsec. (i).

Subsec. (j). Pub. L. 98-616, Sec. 215, added subsec. (j).

1980 - Subsec. (e)(1). Pub. L. 96-482, Sec. 10, substituted

"November 19, 1980" for "October 21, 1976".

Subsec. (f). Pub. L. 96-482, Sec. 11, added subsec. (f).

1978 - Subsec (a). Pub. L. 95-609 inserted "treatment, storage,

or" after "and after such date the".

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6921, 6924, 6926, 6927,

6928, 6933, 6935, 6936, 6937, 6939a, 6945, 6974, 6976, 7429, 9601,

9607, 9620, 9621, 9622 of this title; title 10 section 2702; title

26 sections 4662, 9507.

-FOOTNOTE-

(!1) So in original. Probably should be "responsibility".

(!2) So in original. Probably should be "constituent".

(!3) So in original. Probably should be "of".

-End-

-CITE-

42 USC Sec. 6926 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6926. Authorized State hazardous waste programs

-STATUTE-

(a) Federal guidelines

Not later than eighteen months after October 21, 1976, the

Administrator, after consultation with State authorities, shall

promulgate guidelines to assist States in the Development of State

hazardous waste programs.

(b) Authorization of State program

Any State which seeks to administer and enforce a hazardous waste

program pursuant to this subchapter may develop and, after notice

and opportunity for public hearing, submit to the Administrator an

application, in such form as he shall require, for authorization of

such program. Within ninety days following submission of an

application under this subsection, the Administrator shall issue a

notice as to whether or not he expects such program to be

authorized, and within ninety days following such notice (and after

opportunity for public hearing) he shall publish his findings as to

whether or not the conditions listed in items (1), (2), and (3)

below have been met. Such State is authorized to carry out such

program in lieu of the Federal program under this subchapter in

such State and to issue and enforce permits for the storage,

treatment, or disposal of hazardous waste (and to enforce permits

deemed to have been issued under section 6935(d)(1) (!1) of this

title) unless, within ninety days following submission of the

application the Administrator notifies such State that such program

may not be authorized and, within ninety days following such notice

and after opportunity for public hearing, he finds that (1) such

State program is not equivalent to the Federal program under this

subchapter, (2) such program is not consistent with the Federal or

State programs applicable in other States, or (3) such program does

not provide adequate enforcement of compliance with the

requirements of this subchapter. In authorizing a State program,

the Administrator may base his findings on the Federal program in

effect one year prior to submission of a State's application or in

effect on January 26, 1983, whichever is later.

(c) Interim authorization

(1) Any State which has in existence a hazardous waste program

pursuant to State law before the date ninety days after the date of

promulgation of regulations under sections 6922, 6923, 6924, and

6925 of this title, may submit to the Administrator evidence of

such existing program and may request a temporary authorization to

carry out such program under this subchapter. The Administrator

shall, if the evidence submitted shows the existing State program

to be substantially equivalent to the Federal program under this

subchapter, grant an interim authorization to the State to carry

out such program in lieu of the Federal program pursuant to this

subchapter for a period ending no later than January 31, 1986.

(2) The Administrator shall, by rule, establish a date for the

expiration of interim authorization under this subsection.

(3) Pending interim or final authorization of a State program for

any State which reflects the amendments made by the Hazardous and

Solid Waste Amendments of 1984, the State may enter into an

agreement with the Administrator under which the State may assist

in the administration of the requirements and prohibitions which

take effect pursuant to such Amendments.

(4) In the case of a State permit program for any State which is

authorized under subsection (b) of this section or under this

subsection, until such program is amended to reflect the amendments

made by the Hazardous and Solid Waste Amendments of 1984 and such

program amendments receive interim or final authorization, the

Administrator shall have the authority in such State to issue or

deny permits or those portions of permits affected by the

requirements and prohibitions established by the Hazardous and

Solid Waste Amendments of 1984. The Administrator shall coordinate

with States the procedures for issuing such permits.

(d) Effect of State permit

Any action taken by a State under a hazardous waste program

authorized under this section shall have the same force and effect

as action taken by the Administrator under this subchapter.

(e) Withdrawal of authorization

Whenever the Administrator determines after public hearing that a

State is not administering and enforcing a program authorized under

this section in accordance with requirements of this section, he

shall so notify the State and, if appropriate corrective action is

not taken within a reasonable time, not to exceed ninety days, the

Administrator shall withdraw authorization of such program and

establish a Federal program pursuant to this subchapter. The

Administrator shall not withdraw authorization of any such program

unless he shall first have notified the State, and made public, in

writing, the reasons for such withdrawal.

(f) Availability of information

No State program may be authorized by the Administrator under

this section unless -

(1) such program provides for the public availability of

information obtained by the State regarding facilities and sites

for the treatment, storage, and disposal of hazardous waste; and

(2) such information is available to the public in

substantially the same manner, and to the same degree, as would

be the case if the Administrator was carrying out the provisions

of this subchapter in such State.

(g) Amendments made by 1984 act

(1) Any requirement or prohibition which is applicable to the

generation, transportation, treatment, storage, or disposal of

hazardous waste and which is imposed under this subchapter pursuant

to the amendments made by the Hazardous and Solid Waste Amendments

of 1984 shall take effect in each State having an interim or

finally authorized State program on the same date as such

requirement takes effect in other States. The Administrator shall

carry out such requirement directly in each such State unless the

State program is finally authorized (or is granted interim

authorization as provided in paragraph (2)) with respect to such

requirement.

(2) Any State which, before November 8, 1984, has an existing

hazardous waste program which has been granted interim or final

authorization under this section may submit to the Administrator

evidence that such existing program contains (or has been amended

to include) any requirement which is substantially equivalent to a

requirement referred to in paragraph (1) and may request interim

authorization to carry out that requirement under this subchapter.

The Administrator shall, if the evidence submitted shows the State

requirement to be substantially equivalent to the requirement

referred to in paragraph (1), grant an interim authorization to the

State to carry out such requirement in lieu of direct

administration in the State by the Administrator of such

requirement.

(h) State programs for used oil

In the case of used oil which is not listed or identified under

this subchapter as a hazardous waste but which is regulated under

section 6935 of this title, the provisions of this section

regarding State programs shall apply in the same manner and to the

same extent as such provisions apply to hazardous waste identified

or listed under this subchapter.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3006, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2809; amended Pub. L. 95-609, Sec. 7(i),

Nov. 8, 1978, 92 Stat. 3082; Pub. L. 98-616, title II, Secs. 225,

226(a), 227, 228, 241(b)(2), Nov. 8, 1984, 98 Stat. 3254, 3255,

3260; Pub. L. 99-499, title II, Sec. 205(j), Oct. 17, 1986, 100

Stat. 1703.)

-REFTEXT-

REFERENCES IN TEXT

Section 6935(d)(1) of this title, referred to in subsec. (b), was

in the original a reference to section 3012(d)(1) of Pub. L.

89-272, which was renumbered section 3014(d)(1) of Pub. L. 89-272

by Pub. L. 98-616 and is classified to section 6935(d)(1) of this

title.

The Hazardous and Solid Waste Amendments of 1984, referred to in

subsecs. (c)(3), (4), and (g), is Pub. L. 98-616, Nov. 8, 1984, 98

Stat. 3221, which amended this chapter. For complete classification

of this Act to the Code, see Short Title of 1984 Amendment note set

out under section 6901 of this title and Tables.

-MISC1-

AMENDMENTS

1986 - Subsec. (h). Pub. L. 99-499 added subsec. (h).

1984 - Subsec. (b). Pub. L. 98-616, Secs. 225, 241(b)(2),

inserted "(and to enforce permits deemed to have been issued under

section 6935(d)(1) of this title)", and inserted provision at end

that in authorizing a State program, the Administrator may base his

findings on the Federal program in effect one year prior to

submission of a State's application or in effect on January 26,

1983, whichever is later.

Subsec. (c)(1). Pub. L. 98-616, Sec. 227(1), (2), designated

existing provisions as par. (1) and substituted "period ending no

later than January 31, 1986" for "twenty-four month period

beginning on the date six months after the date of promulgation of

regulations under sections 6922 through 6925 of this title".

Subsec. (c)(2) to (4). Pub. L. 98-616, Sec. 227(3), added pars.

(2) to (4).

Subsec. (f). Pub. L. 98-616, Sec. 226(a), added subsec. (f).

Subsec. (g). Pub. L. 98-616, Sec. 228, added subsec. (g).

1978 - Subsec. (c). Pub. L. 95-609 substituted "of" for "required

for" wherever appearing and "may submit" for "submit".

EFFECTIVE DATE OF 1984 AMENDMENT

Section 226(b) of Pub. L. 98-616 provided that: "The amendment

made by subsection (a) [enacting subsec. (f) of this section] shall

apply with respect to State programs authorized under section 3006

[this section] before, on, or after the date of enactment of the

Hazardous and Solid Waste Amendments of 1984 [Nov. 8, 1984]."

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6925, 6928, 6930, 6939c,

6974, 6976, 9607 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 6927 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6927. Inspections

-STATUTE-

(a) Access entry

For purposes of developing or assisting in the development of any

regulation or enforcing the provisions of this chapter, any person

who generates, stores, treats, transports, disposes of, or

otherwise handles or has handled hazardous wastes shall, upon

request of any officer, employee or representative of the

Environmental Protection Agency, duly designated by the

Administrator, or upon request of any duly designated officer,

employee or representative of a State having an authorized

hazardous waste program, furnish information relating to such

wastes and permit such person at all reasonable times to have

access to, and to copy all records relating to such wastes. For the

purposes of developing or assisting in the development of any

regulation or enforcing the provisions of this chapter, such

officers, employees or representatives are authorized -

(1) to enter at reasonable times any establishment or other

place where hazardous wastes are or have been generated, stored,

treated, disposed of, or transported from;

(2) to inspect and obtain samples from any person of any such

wastes and samples of any containers or labeling for such wastes.

Each such inspection shall be commenced and completed with

reasonable promptness. If the officer, employee or representative

obtains any samples, prior to leaving the premises, he shall give

to the owner, operator, or agent in charge a receipt describing the

sample obtained and if requested a portion of each such sample

equal in volume or weight to the portion retained. If any analysis

is made of such samples, a copy of the results of such analysis

shall be furnished promptly to the owner, operator, or agent in

charge.

(b) Availability to public

(1) Any records, reports, or information (including records,

reports, or information obtained by representatives of the

Environmental Protection Agency) obtained from any person under

this section shall be available to the public, except that upon a

showing satisfactory to the Administrator (or the State, as the

case may be) by any person that records, reports, or information,

or particular part thereof, to which the Administrator (or the

State, as the case may be) or any officer, employee or

representative thereof has access under this section if made

public, would divulge information entitled to protection under

section 1905 of title 18, such information or particular portion

thereof shall be considered confidential in accordance with the

purposes of that section, except that such record, report,

document, or information may be disclosed to other officers,

employees, or authorized representatives of the United States

concerned with carrying out this chapter, or when relevant in any

proceeding under this chapter.

(2) Any person not subject to the provisions of section 1905 of

title 18 who knowingly and willfully divulges or discloses any

information entitled to protection under this subsection shall,

upon conviction, be subject to a fine of not more than $5,000 or to

imprisonment not to exceed one year, or both.

(3) In submitting data under this chapter, a person required to

provide such data may -

(A) designate the data which such person believes is entitled

to protection under this subsection, and

(B) submit such designated data separately from other data

submitted under this chapter.

A designation under this paragraph shall be made in writing and in

such manner as the Administrator may prescribe.

(4) Notwithstanding any limitation contained in this section or

any other provision of law, all information reported to, or

otherwise obtained by, the Administrator (or any representative of

the Administrator) under this chapter shall be made available, upon

written request of any duly authorized committee of the Congress,

to such committee.

(c) Federal facility inspections

The Administrator shall undertake on an annual basis a thorough

inspection of each facility for the treatment, storage, or disposal

of hazardous waste which is owned or operated by a department,

agency, or instrumentality of the United States to enforce its

compliance with this subchapter and the regulations promulgated

thereunder. Any State with an authorized hazardous waste program

also may conduct an inspection of any such facility for purposes of

enforcing the facility's compliance with the State hazardous waste

program. The records of such inspections shall be available to the

public as provided in subsection (b) of this section. The

department, agency, or instrumentality owning or operating each

such facility shall reimburse the Environmental Protection Agency

for the costs of the inspection of the facility. With respect to

the first inspection of each such facility occurring after October

6, 1992, the Administrator shall conduct a comprehensive ground

water monitoring evaluation at the facility, unless such an

evaluation was conducted during the 12-month period preceding

October 6, 1992.

(d) State-operated facilities

The Administrator shall annually undertake a thorough inspection

of every facility for the treatment, storage, or disposal of

hazardous waste which is operated by a State or local government

for which a permit is required under section 6925 of this title.

The records of such inspection shall be available to the public as

provided in subsection (b) of this section.

(e) Mandatory inspections

(1) The Administrator (or the State in the case of a State having

an authorized hazardous waste program under this subchapter) shall

commence a program to thoroughly inspect every facility for the

treatment, storage, or disposal of hazardous waste for which a

permit is required under section 6925 of this title no less often

than every two years as to its compliance with this subchapter (and

the regulations promulgated under this subchapter). Such

inspections shall commence not later than twelve months after

November 8, 1984. The Administrator shall, after notice and

opportunity for public comment, promulgate regulations governing

the minimum frequency and manner of such inspections, including the

manner in which records of such inspections shall be maintained and

the manner in which reports of such inspections shall be filed. The

Administrator may distinguish between classes and categories of

facilities commensurate with the risks posed by each class or

category.

(2) Not later than six months after November 8, 1984, the

Administrator shall submit to the Congress a report on the

potential for inspections of hazardous waste treatment, storage, or

disposal facilities by nongovernmental inspectors as a supplement

to inspections conducted by officers, employees, or representatives

of the Environmental Protection Agency or States having authorized

hazardous waste programs or operating under a cooperative agreement

with the Administrator. Such report shall be prepared in

cooperation with the States, insurance companies offering

environmental impairment insurance, independent companies providing

inspection services, and other such groups as appropriate. Such

report shall contain recommendations on provisions and requirements

for a program of private inspections to supplement governmental

inspections.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3007, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2810; amended Pub. L. 95-609, Sec. 7(j),

Nov. 8, 1978, 92 Stat. 3082; Pub. L. 96-482, Sec. 12, Oct. 21,

1980, 94 Stat. 2339; Pub. L. 98-616, title II, Secs. 229-231, title

V, Sec. 502(a), Nov. 8, 1984, 98 Stat. 3255, 3256, 3276; Pub. L.

102-386, title I, Sec. 104, Oct. 6, 1992, 106 Stat. 1507.)

-MISC1-

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-386 in first sentence substituted

"The Administrator shall undertake" for "Beginning twelve months

after November 8, 1984, the Administrator shall, or in the case of

a State with an authorized hazardous waste program the State may,

undertake" and "department, agency, or instrumentality of the

United States" for "Federal agency", inserted after first sentence

"Any State with an authorized hazardous waste program also may

conduct an inspection of any such facility for purposes of

enforcing the facility's compliance with the State hazardous waste

program.", and inserted at end "The department, agency, or

instrumentality owning or operating each such facility shall

reimburse the Environmental Protection Agency for the costs of the

inspection of the facility. With respect to the first inspection of

each such facility occurring after October 6, 1992, the

Administrator shall conduct a comprehensive ground water monitoring

evaluation at the facility, unless such an evaluation was conducted

during the 12-month period preceding October 6, 1992."

1984 - Subsec. (b)(1). Pub. L. 98-616, Sec. 502(a), modified

directory language for amendment by sec. 12(b)(4) of Pub. L.

96-482.

Subsec. (c). Pub. L. 98-616, Sec. 229, added subsec. (c).

Subsec. (d). Pub. L. 98-616, Sec. 230, added subsec. (d).

Subsec. (e). Pub. L. 98-616, Sec. 231, added subsec. (e).

1980 - Subsec. (a). Pub. L. 96-482, Sec. 12(a), substituted

"chapter" for "subchapter", "any officer, employee or

representative" for "any officer or employee", "duly designated

officer, employee or representative" for "duly designated officer

employee", "such officers, employees or representatives" for "such

officers or employees", "furnish information relating to such

wastes and permit" for "furnish or permit", and "officer, employee

or representative obtains" for "officer or employee obtains",

struck out "maintained by any person" after "establishment or other

place", substituted "officer, employee or representative obtains"

for "officer or employee obtains", and inserted "or has handled"

after "otherwise handles" and "or have been" after "where hazardous

wastes are".

Subsec. (b)(1). Pub. L. 96-482, Sec. 12(b)(1)-(3), designated

existing provisions as par. (1), inserted "or any officer, employee

or representative thereof" before "has access under this section"

and substituted "such information or particular portion thereof

shall be considered" for "the Administrator (or the State, as the

case may be) shall consider such information or portion thereof".

Pub. L. 96-482, Sec. 12(b)(4), as modified by Pub. L. 98-616,

Sec. 502(a), inserted "(including records, reports, or information

obtained by representatives of the Environmental Protection

Agency)" after "information".

Subsec. (b)(2) to (4). Pub. L. 96-482, Sec. 12(b)(3), added pars.

(2) to (4).

1978 - Subsec. (a)(1). Pub. L. 95-609 substituted "disposed of,

or transported from" for "or disposed of".

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6933, 6934, 6937, 6939,

6945, 6992c, 7412, 9606 of this title.

-End-

-CITE-

42 USC Sec. 6928 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6928. Federal enforcement

-STATUTE-

(a) Compliance orders

(1) Except as provided in paragraph (2), whenever on the basis of

any information the Administrator determines that any person has

violated or is in violation of any requirement of this subchapter,

the Administrator may issue an order assessing a civil penalty for

any past or current violation, requiring compliance immediately or

within a specified time period, or both, or the Administrator may

commence a civil action in the United States district court in the

district in which the violation occurred for appropriate relief,

including a temporary or permanent injunction.

(2) In the case of a violation of any requirement of this

subchapter where such violation occurs in a State which is

authorized to carry out a hazardous waste program under section

6926 of this title, the Administrator shall give notice to the

State in which such violation has occurred prior to issuing an

order or commencing a civil action under this section.

(3) Any order issued pursuant to this subsection may include a

suspension or revocation of any permit issued by the Administrator

or a State under this subchapter and shall state with reasonable

specificity the nature of the violation. Any penalty assessed in

the order shall not exceed $25,000 per day of noncompliance for

each violation of a requirement of this subchapter. In assessing

such a penalty, the Administrator shall take into account the

seriousness of the violation and any good faith efforts to comply

with applicable requirements.

(b) Public hearing

Any order issued under this section shall become final unless, no

later than thirty days after the order is served, the person or

persons named therein request a public hearing. Upon such request

the Administrator shall promptly conduct a public hearing. In

connection with any proceeding under this section the Administrator

may issue subpenas for the attendance and testimony of witnesses

and the production of relevant papers, books, and documents, and

may promulgate rules for discovery procedures.

(c) Violation of compliance orders

If a violator fails to take corrective action within the time

specified in a compliance order, the Administrator may assess a

civil penalty of not more than $25,000 for each day of continued

noncompliance with the order and the Administrator may suspend or

revoke any permit issued to the violator (whether issued by the

Administrator or the State).

(d) Criminal penalties

Any person who -

(1) knowingly transports or causes to be transported any

hazardous waste identified or listed under this subchapter to a

facility which does not have a permit under this subchapter, or

pursuant to title I of the Marine Protection, Research, and

Sanctuaries Act (86 Stat. 1052) [33 U.S.C. 1411 et seq.],

(2) knowingly treats, stores, or disposes of any hazardous

waste identified or listed under this subchapter -

(A) without a permit under this subchapter or pursuant to

title I of the Marine Protection, Research, and Sanctuaries Act

(86 Stat. 1052) [33 U.S.C. 1411 et seq.]; or

(B) in knowing violation of any material condition or

requirement of such permit; or

(C) in knowing violation of any material condition or

requirement of any applicable interim status regulations or

standards;

(3) knowingly omits material information or makes any false

material statement or representation in any application, label,

manifest, record, report, permit, or other document filed,

maintained, or used for purposes of compliance with regulations

promulgated by the Administrator (or by a State in the case of an

authorized State program) under this subchapter;

(4) knowingly generates, stores, treats, transports, disposes

of, exports, or otherwise handles any hazardous waste or any used

oil not identified or listed as a hazardous waste under this

subchapter (whether such activity took place before or takes

place after November 8, 1984) and who knowingly destroys, alters,

conceals, or fails to file any record, application, manifest,

report, or other document required to be maintained or filed for

purposes of compliance with regulations promulgated by the

Administrator (or by a State in the case of an authorized State

program) under this subchapter;

(5) knowingly transports without a manifest, or causes to be

transported without a manifest, any hazardous waste or any used

oil not identified or listed as a hazardous waste under this

subchapter required by regulations promulgated under this

subchapter (or by a State in the case of a State program

authorized under this subchapter) to be accompanied by a

manifest;

(6) knowingly exports a hazardous waste identified or listed

under this subchapter (A) without the consent of the receiving

country or, (B) where there exists an international agreement

between the United States and the government of the receiving

country establishing notice, export, and enforcement procedures

for the transportation, treatment, storage, and disposal of

hazardous wastes, in a manner which is not in conformance with

such agreement; or

(7) knowingly stores, treats, transports, or causes to be

transported, disposes of, or otherwise handles any used oil not

identified or listed as a hazardous waste under this subchapter -

(A) in knowing violation of any material condition or

requirement of a permit under this subchapter; or

(B) in knowing violation of any material condition or

requirement of any applicable regulations or standards under

this chapter;

shall, upon conviction, be subject to a fine of not more than

$50,000 for each day of violation, or imprisonment not to exceed

two years (five years in the case of a violation of paragraph (1)

or (2)), or both. If the conviction is for a violation committed

after a first conviction of such person under this paragraph, the

maximum punishment under the respective paragraph shall be doubled

with respect to both fine and imprisonment.

(e) Knowing endangerment

Any person who knowingly transports, treats, stores, disposes of,

or exports any hazardous waste identified or listed under this

subchapter or used oil not identified or listed as a hazardous

waste under this subchapter in violation of paragraph (1), (2),

(3), (4), (5), (6), or (7) of subsection (d) of this section who

knows at that time that he thereby places another person in

imminent danger of death or serious bodily injury, shall, upon

conviction, be subject to a fine of not more than $250,000 or

imprisonment for not more than fifteen years, or both. A defendant

that is an organization shall, upon conviction of violating this

subsection, be subject to a fine of not more than $1,000,000.

(f) Special rules

For the purposes of subsection (e) of this section -

(1) A person's state of mind is knowing with respect to -

(A) his conduct, if he is aware of the nature of his conduct;

(B) an existing circumstance, if he is aware or believes that

the circumstance exists; or

(C) a result of his conduct, if he is aware or believes that

his conduct is substantially certain to cause danger of death

or serious bodily injury.

(2) In determining whether a defendant who is a natural person

knew that his conduct placed another person in imminent danger of

death or serious bodily injury -

(A) the person is responsible only for actual awareness or

actual belief that he possessed; and

(B) knowledge possessed by a person other than the defendant

but not by the defendant himself may not be attributed to the

defendant;

Provided, That in proving the defendant's possession of actual

knowledge, circumstantial evidence may be used, including

evidence that the defendant took affirmative steps to shield

himself from relevant information.

(3) It is an affirmative defense to a prosecution that the

conduct charged was consented to by the person endangered and

that the danger and conduct charged were reasonably foreseeable

hazards of -

(A) an occupation, a business, or a profession; or

(B) medical treatment or medical or scientific

experimentation conducted by professionally approved methods

and such other person had been made aware of the risks involved

prior to giving consent.

The defendant may establish an affirmative defense under this

subsection by a preponderance of the evidence.

(4) All general defenses, affirmative defenses, and bars to

prosecution that may apply with respect to other Federal criminal

offenses may apply under subsection (e) of this section and shall

be determined by the courts of the United States according to the

principles of common law as they may be interpreted in the light

of reason and experience. Concepts of justification and excuse

applicable under this section may be developed in the light of

reason and experience.

(5) The term "organization" means a legal entity, other than a

government, established, or organized for any purpose, and such

term includes a corporation, company, association, firm,

partnership, joint stock company, foundation, institution, trust,

society, union, or any other association of persons.

(6) The term "serious bodily injury" means -

(A) bodily injury which involves a substantial risk of death;

(B) unconsciousness;

(C) extreme physical pain;

(D) protracted and obvious disfigurement; or

(E) protracted loss or impairment of the function of a bodily

member, organ, or mental faculty.

(g) Civil penalty

Any person who violates any requirement of this subchapter shall

be liable to the United States for a civil penalty in an amount not

to exceed $25,000 for each such violation. Each day of such

violation shall, for purposes of this subsection, constitute a

separate violation.

(h) Interim status corrective action orders

(1) Whenever on the basis of any information the Administrator

determines that there is or has been a release of hazardous waste

into the environment from a facility authorized to operate under

section 6925(e) of this title, the Administrator may issue an order

requiring corrective action or such other response measure as he

deems necessary to protect human health or the environment or the

Administrator may commence a civil action in the United States

district court in the district in which the facility is located for

appropriate relief, including a temporary or permanent injunction.

(2) Any order issued under this subsection may include a

suspension or revocation of authorization to operate under section

6925(e) of this title, shall state with reasonable specificity the

nature of the required corrective action or other response measure,

and shall specify a time for compliance. If any person named in an

order fails to comply with the order, the Administrator may assess,

and such person shall be liable to the United States for, a civil

penalty in an amount not to exceed $25,000 for each day of

noncompliance with the order.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3008, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2811; amended Pub. L. 95-609, Sec. 7(k),

Nov. 8, 1978, 92 Stat. 3082; Pub. L. 96-482, Sec. 13, Oct. 21,

1980, 94 Stat. 2339; Pub. L. 98-616, title II, Secs. 232, 233,

245(c), title IV, Sec. 403(d)(1)-(3), Nov. 8, 1984, 98 Stat. 3256,

3257, 3264, 3272; Pub. L. 99-499, title II, Sec. 205(i), Oct. 17,

1986, 100 Stat. 1703.)

-REFTEXT-

REFERENCES IN TEXT

The Marine Protection, Research, and Sanctuaries Act, referred to

in subsec. (d)(1), (2)(A), probably means the Marine Protection,

Research, and Sanctuaries Act of 1972, Pub. L. 92-532, Oct. 23,

1972, 86 Stat. 1052, as amended. Title I of the Marine Protection,

Research, and Sanctuaries Act of 1972 is classified generally to

subchapter I (Sec. 1411 et seq.) of chapter 27 of Title 33,

Navigation and Navigable Waters. For complete classification of

this Act to the Code, see Short Title note set out under section

1401 of Title 33 and Tables.

-MISC1-

AMENDMENTS

1986 - Subsec. (d)(4). Pub. L. 99-499, Sec. 205(i)(1), inserted

"or any used oil not identified or listed as a hazardous waste

under this subchapter".

Subsec. (d)(5). Pub. L. 99-499, Sec. 205(i)(1), (2), inserted "or

any used oil not identified or listed as a hazardous waste under

this subchapter" and struck out "; or" after "accompanied by a

manifest;".

Subsec. (d)(6). Pub. L. 99-499, Sec. 205(i)(3), inserted at end

"; or".

Subsec. (d)(7). Pub. L. 99-499, Sec. 205(i)(4), added par. (7).

Subsec. (e). Pub. L. 99-499, Sec. 205(i)(5), inserted "or used

oil not identified or listed as a hazardous waste under this

subchapter" and substituted "(5), (6), or (7)" for "(5), or (6)".

1984 - Subsec. (a)(1). Pub. L. 98-616, Sec. 403(d)(1), in

amending par. (1) generally, expanded authority of Administrator by

empowering him to determine that a person "has violated" a

requirement of this subchapter, and to assess a civil penalty for a

past or current violation.

Subsec. (a)(3). Pub. L. 98-616, Sec. 403(d)(2), in amending par.

(3) generally, substituted provision that any order issued pursuant

to this subsection may include a suspension or revocation of any

permit issued by the Administrator or a State under this subchapter

and shall state with reasonable specificity the nature of the

violation, and provision that any penalty assessed in the order

shall not exceed $25,000 per day of noncompliance for each

violation of a requirement of this subchapter, and that in

assessing such a penalty, the Administrator take into account the

seriousness of the violation and any good faith efforts to comply

with applicable requirements, for provision that if such violator

fails to take corrective action within the time specified in the

order, he shall be liable for a civil penalty of not more than

$25,000 for each day of continued noncompliance and the

Administrator may suspend or revoke any permit issued to the

violator, whether issued by the Administrator or the State.

Subsec. (b). Pub. L. 98-616, Sec. 233(b), inserted "issued under

this section".

Subsec. (c). Pub. L. 98-616, Sec. 403(d)(3), substituted

provisions relating to penalties for violation of compliance orders

for former provisions which set forth requirements for compliance

orders.

Subsec. (d). Pub. L. 98-616, Sec. 232(a)(3), amended closing

provisions generally. Prior to amendment, closing provisions read

as follows: "shall, upon conviction, be subject to a fine of not

more than $25,000 ($50,000 in the case of a violation of paragraph

(1) or (2)) for each day of violation, or to imprisonment not to

exceed one year (two years in the case of a violation of paragraph

(1) or (2)), or both. If the conviction is for a violation

committed after a first conviction of such person under this

paragraph, punishment shall be by a fine of not more than $50,000

per day of violation, or by imprisonment for not more than two

years, or by both."

Subsec. (d)(1). Pub. L. 98-616, Sec. 232(a)(1), inserted "or

causes to be transported" and substituted "this subchapter" for

"section 6925 of this title (or section 6926 of this title in case

of a State program)".

Subsec. (d)(2). Pub. L. 98-616, Sec. 232(a)(2)(A), struck out

"either" after "subchapter" in provision preceding subpar. (A).

Subsec. (d)(2)(A). Pub. L. 98-616, Sec. 232(a)(2)(B), (c),

substituted "this subchapter" for "section 6925 of this title (or

section 6926 of this title in the case of a State program)" and

struck out "having obtained" before "a permit under".

Subsec. (d)(2)(C). Pub. L. 98-616, Sec. 232(a)(2)(C), added

subpar. (C).

Subsec. (d)(3) to (5). Pub. L. 98-616, Sec. 232(a)(3), in

amending pars. (3) and (4) generally, expanded par. (3) by

providing criminal penalties for one who knowingly omits material

information from documents required to be filed, maintained or used

under this subchapter, expanded par. (4) by providing criminal

penalties for one who knowingly fails to file required material

under this subchapter, and added par. (5).

Subsec. (d)(6). Pub. L. 98-616, Sec. 245(c), added par. (6).

Subsec. (e). Pub. L. 98-616, Sec. 232(b), in amending subsec. (e)

generally, struck out provisions referring to violations of interim

status standards and omission of material information from permit

applications, struck out provision requiring proof of

"unjustifiable and inexcusable disregard for human life" or

"extreme indifference to human life" for conviction under this

subsection, and inserted provision increasing maximum prison

sentence to fifteen years for violation of subsec. (d)(1) through

(6) of this section by one who knowingly places another person in

imminent danger of death or serious bodily injury, replacing former

provision calling for maximum imprisonment of two years, or five

years in cases evidencing extreme indifference to human life.

Subsec. (h). Pub. L. 98-616, Sec. 233(a), added subsec. (h).

1980 - Subsec. (a)(1). Pub. L. 96-482, Sec. 13(1), (2), struck

out "the Administrator shall give notice to the violator of his

failure to comply with such requirement. If such violation extends

beyond the thirtieth day after the Administrator's notification"

before "the Administrator may issue" and substituted "compliance

immediately or within a specified time period" for "compliance

within a specified time period".

Subsec. (a)(2). Pub. L. 96-482, Sec. 13(2), struck out "thirty

days" after "violation has occurred".

Subsec. (b). Pub. L. 96-482, Sec. 13(3), substituted "order shall

become final unless, no later than thirty days after the order is

served" for "order or any suspension or revocation of a permit

shall become final unless, no later than thirty days after the

order or notice of the suspension or revocation is served".

Subsec. (c). Pub. L. 96-482, Sec. 13(4), authorized orders for

suspension or revocation of permits.

Subsec. (d). Pub. L. 96-482, Sec. 13(5), in par. (2), designated

existing provisions as subpar. (A) and added subpar. (B), in par.

(3), inserted provision requiring the statement or representation

to be material, added par. (4), and in provisions following par.

(4), inserted provision authorizing a fine of $50,000 and a two

year imprisonment for violation of par. (1) or (2).

Subsecs. (e) to (g). Pub. L. 96-482, Sec. 13(5), added subsecs.

(e) to (g).

1978 - Subsec. (d)(1). Pub. L. 95-609, Sec. 7(k)(1), inserted

provision relating to title I of the Marine Protection, Research,

and Sanctuaries Act.

Subsec. (d)(2). Pub. L. 95-609, Sec. 7(k)(2), inserted provisions

relating to treatment or storage of hazardous wastes and relating

to title I of the Marine Protection, Research, and Sanctuaries Act.

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6924, 6939c, 6945, 6972,

6992d, 7412, 9601, 9606 of this title; title 26 section 4662.

-End-

-CITE-

42 USC Sec. 6929 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6929. Retention of State authority

-STATUTE-

Upon the effective date of regulations under this subchapter no

State or political subdivision may impose any requirements less

stringent than those authorized under this subchapter respecting

the same matter as governed by such regulations, except that if

application of a regulation with respect to any matter under this

subchapter is postponed or enjoined by the action of any court, no

State or political subdivision shall be prohibited from acting with

respect to the same aspect of such matter until such time as such

regulation takes effect. Nothing in this chapter shall be construed

to prohibit any State or political subdivision thereof from

imposing any requirements, including those for site selection,

which are more stringent than those imposed by such regulations.

Nothing in this chapter (or in any regulation adopted under this

chapter) shall be construed to prohibit any State from requiring

that the State be provided with a copy of each manifest used in

connection with hazardous waste which is generated within that

State or transported to a treatment, storage, or disposal facility

within that State.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3009, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96-482, Sec. 14,

Oct. 21, 1980, 94 Stat. 2342; Pub. L. 98-616, title II, Sec.

213(b), Nov. 8, 1984, 98 Stat. 3242.)

-MISC1-

AMENDMENTS

1984 - Pub. L. 98-616 inserted "Nothing in this chapter (or in

any regulation adopted under this chapter) shall be construed to

prohibit any State from requiring that the State be provided with a

copy of each manifest used in connection with hazardous waste which

is generated within that State or transported to a treatment,

storage, or disposal facility within that State."

1980 - Pub. L. 96-482 prohibited construction of this chapter as

barring a State from imposing more stringent requirements than

provided in Federal regulations.

-End-

-CITE-

42 USC Sec. 6930 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6930. Effective date

-STATUTE-

(a) Preliminary notification

Not later than ninety days after promulgation of regulations

under section 6921 of this title identifying by its characteristics

or listing any substance as hazardous waste subject to this

subchapter, any person generating or transporting such substance or

owning or operating a facility for treatment, storage, or disposal

of such substance shall file with the Administrator (or with States

having authorized hazardous waste permit programs under section

6926 of this title) a notification stating the location and general

description of such activity and the identified or listed hazardous

wastes handled by such person. Not later than fifteen months after

November 8, 1984 -

(1) the owner or operator of any facility which produces a fuel

(A) from any hazardous waste identified or listed under section

6921 of this title, (B) from such hazardous waste identified or

listed under section 6921 of this title and any other material,

(C) from used oil, or (D) from used oil and any other material;

(2) the owner or operator of any facility (other than a single-

or two-family residence) which burns for purposes of energy

recovery any fuel produced as provided in paragraph (1) or any

fuel which otherwise contains used oil or any hazardous waste

identified or listed under section 6921 of this title; and

(3) any person who distributes or markets any fuel which is

produced as provided in paragraph (1) or any fuel which otherwise

contains used oil or any hazardous waste identified or listed

under section 6921 of this title (!1)

shall file with the Administrator (and with the State in the case

of a State with an authorized hazardous waste program) a

notification stating the location and general description of the

facility, together with a description of the identified or listed

hazardous waste involved and, in the case of a facility referred to

in paragraph (1) or (2), a description of the production or energy

recovery activity carried out at the facility and such other

information as the Administrator deems necessary. For purposes of

the preceding provisions, the term "hazardous waste listed under

section 6921 of this title" also includes any commercial chemical

product which is listed under section 6921 of this title and which,

in lieu of its original intended use, is (i) produced for use as

(or as a component of) a fuel, (ii) distributed for use as a fuel,

or (iii) burned as a fuel. Notification shall not be required under

the second sentence of this subsection in the case of facilities

(such as residential boilers) where the Administrator determines

that such notification is not necessary in order for the

Administrator to obtain sufficient information respecting current

practices of facilities using hazardous waste for energy recovery.

Nothing in this subsection shall be construed to affect or impair

the provisions of section 6921(b)(3) of this title. Nothing in this

subsection shall affect regulatory determinations under section

6935 of this title. In revising any regulation under section 6921

of this title identifying additional characteristics of hazardous

waste or listing any additional substance as hazardous waste

subject to this subchapter, the Administrator may require any

person referred to in the preceding provisions to file with the

Administrator (or with States having authorized hazardous waste

permit programs under section 6926 of this title) the notification

described in the preceding provisions. Not more than one such

notification shall be required to be filed with respect to the same

substance. No identified or listed hazardous waste subject to this

subchapter may be transported, treated, stored, or disposed of

unless notification has been given as required under this

subsection.

(b) Effective date of regulation

The regulations under this subchapter respecting requirements

applicable to the generation, transportation, treatment, storage,

or disposal of hazardous waste (including requirements respecting

permits for such treatment, storage, or disposal) shall take effect

on the date six months after the date of promulgation thereof (or

six months after the date of revision in the case of any regulation

which is revised after the date required for promulgation thereof).

At the time a regulation is promulgated, the Administrator may

provide for a shorter period prior to the effective date, or an

immediate effective date for:

(1) a regulation with which the Administrator finds the

regulated community does not need six months to come into

compliance;

(2) a regulation which responds to an emergency situation; or

(3) other good cause found and published with the regulation.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3010, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96-482, Sec. 15,

Oct. 21, 1980, 94 Stat. 2342; Pub. L. 98-616, title II, Secs.

204(a), 234, Nov. 8, 1984, 98 Stat. 3235, 3258.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-616, Sec. 204(a), inserted

provisions after first sentence relating to burning and blending of

hazardous wastes and substituted "the preceding provisions" for

"the preceding sentence" in three places.

Subsec. (b). Pub. L. 98-616, Sec. 234, inserted provision that at

the time a regulation is promulgated, the Administrator may provide

for a shorter period prior to the effective date, or an immediate

effective date for a regulation with which the Administrator finds

the regulated community does not need six months to come into

compliance, a regulation which responds to an emergency situation,

or other good cause found and published with the regulation.

1980 - Subsec. (a). Pub. L. 96-482 struck out "or revision" after

"after promulgation or revision of regulations" and inserted

provision for filing of notification when revising any regulation

identifying additional characteristics of hazardous waste or

listing any additional substance as hazardous waste subject to this

subchapter.

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6921, 6924, 6925, 6937,

6939, 6971, 9620 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a semicolon.

-End-

-CITE-

42 USC Sec. 6931 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6931. Authorization of assistance to States

-STATUTE-

(a) Authorization of appropriations

There is authorized to be appropriated $25,000,000 for each of

the fiscal years 1978 and 1979 (!1) $20,000,000 for fiscal year

1980, $35,000,000 for fiscal year 1981, $40,000,000 for the fiscal

year 1982, $55,000,000 for the fiscal year 1985, $60,000,000 for

the fiscal year 1986, $60,000,000 for the fiscal year 1987, and

$60,000,000 for the fiscal year 1988 to be used to make grants to

the States for purposes of assisting the States in the development

and implementation of authorized State hazardous waste programs.

(b) Allocation

Amounts authorized to be appropriated under subsection (a) of

this section shall be allocated among the States on the basis of

regulations promulgated by the Administrator, after consultation

with the States, which take into account, the extent to which

hazardous waste is generated, transported, treated, stored, and

disposed of within such State, the extent of exposure of human

beings and the environment within such State to such waste, and

such other factors as the Administrator deems appropriate.

(c) Activities included

State hazardous waste programs for which grants may be made under

subsection (a) of this section may include (but shall not be

limited to) planning for hazardous waste treatment, storage and

disposal facilities, and the development and execution of programs

to protect health and the environment from inactive facilities

which may contain hazardous waste.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3011, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2812; amended Pub. L. 96-482, Secs. 16,

31(b), Oct. 21, 1980, 94 Stat. 2342, 2352; Pub. L. 98-616, Sec.

2(b), Nov. 8, 1984, 98 Stat. 3222.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-616 substituted "$40,000,000 for

fiscal year 1982, $55,000,000 for fiscal year 1985, $60,000,000 for

fiscal year 1986, $60,000,000 for fiscal year 1987, and $60,000,000

for fiscal year 1988" for "and $40,000,000 for fiscal year 1982".

1980 - Subsec. (a). Pub. L. 96-482, Sec. 31(b), authorized

appropriation of $20,000,000, $35,000,000, and $40,000,000 for

fiscal years 1980, 1981, and 1982, respectively.

Subsec. (c). Pub. L. 96-482, Sec. 16, added subsec. (c).

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6916 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 6932 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6932. Transferred

-COD-

CODIFICATION

Section, Pub. L. 89-272, title II, Sec. 3012, as added Pub. L.

96-463, Sec. 7(a), Oct. 15, 1980, 94 Stat. 2057, was redesignated

section 3014 of Pub. L. 89-272 by Pub. L. 98-616, title V, Sec.

502(g)(1), Nov. 8, 1984, 98 Stat. 3277, and was transferred to

section 6935 of this title.

-End-

-CITE-

42 USC Sec. 6933 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6933. Hazardous waste site inventory

-STATUTE-

(a) State inventory programs

Each State shall, as expeditiously as practicable, undertake a

continuing program to compile, publish, and submit to the

Administrator an inventory describing the location of each site

within such State at which hazardous waste has at any time been

stored or disposed of. Such inventory shall contain -

(1) a description of the location of the sites at which any

such storage or disposal has taken place before the date on which

permits are required under section 6925 of this title for such

storage or disposal;

(2) such information relating to the amount, nature, and

toxicity of the hazardous waste at each such site as may be

practicable to obtain and as may be necessary to determine the

extent of any health hazard which may be associated with such

site;

(3) the name and address, or corporate headquarters of, the

owner of each such site, determined as of the date of preparation

of the inventory;

(4) an identification of the types or techniques of waste

treatment or disposal which have been used at each such site; and

(5) information concerning the current status of the site,

including information respecting whether or not hazardous waste

is currently being treated or disposed of at such site (and if

not, the date on which such activity ceased) and information

respecting the nature of any other activity currently carried out

at such site.

For purposes of assisting the States in compiling information under

this section, the Administrator shall make available to each State

undertaking a program under this section such information as is

available to him concerning the items specified in paragraphs (1)

through (5) with respect to the sites within such State, including

such information as the Administrator is able to obtain from other

agencies or departments of the United States and from surveys and

studies carried out by any committee or subcommittee of the

Congress. Any State may exercise the authority of section 6927 of

this title for purposes of this section in the same manner and to

the same extent as provided in such section in the case of States

having an authorized hazardous waste program, and any State may by

order require any person to submit such information as may be

necessary to compile the data referred to in paragraphs (1) through

(5).

(b) Environmental Protection Agency program

If the Administrator determines that any State program under

subsection (a) of this section is not adequately providing

information respecting the sites in such State referred to in

subsection (a) of this section, the Administrator shall notify the

State. If within ninety days following such notification, the State

program has not been revised or amended in such manner as will

adequately provide such information, the Administrator shall carry

out the inventory program in such State. In any such case -

(1) the Administrator shall have the authorities provided with

respect to State programs under subsection (a) of this section;

(2) the funds allocated under subsection (c) of this section

for grants to States under this section may be used by the

Administrator for carrying out such program in such State; and

(3) no further expenditure may be made for grants to such State

under this section until such time as the Administrator

determines that such State is carrying out, or will carry out, an

inventory program which meets the requirements of this section.

(c) Grants

(1) Upon receipt of an application submitted by any State to

carry out a program under this section, the Administrator may make

grants to the States for purposes of carrying out such a program.

Grants under this section shall be allocated among the several

States by the Administrator based upon such regulations as he

prescribes to carry out the purposes of this section. The

Administrator may make grants to any State which has conducted an

inventory program which effectively carried out the purposes of

this section before October 21, 1980, to reimburse such State for

all, or any portion of, the costs incurred by such State in

conducting such program.

(2) There are authorized to be appropriated to carry out this

section $25,000,000 for each of the fiscal years 1985 through 1988.

(d) No impediment to immediate remedial action

Nothing in this section shall be construed to provide that the

Administrator or any State should, pending completion of the

inventory required under this section, postpone undertaking any

enforcement or remedial action with respect to any site at which

hazardous waste has been treated, stored, or disposed of.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3012, as added Pub. L. 96-482, Sec.

17(a), Oct. 21, 1980, 94 Stat. 2342; amended Pub. L. 98-616, Sec.

2(c), Nov. 8, 1984, 98 Stat. 3222.)

-COD-

CODIFICATION

Another section 3012 of Pub. L. 89-272 as added by Pub. L.

96-463, Sec. 7(a), Oct. 15, 1980, 94 Stat. 2057, was redesignated

section 3014 of Pub. L. 89-272, and is classified to section 6935

of this title.

-MISC1-

AMENDMENTS

1984 - Subsec. (c)(2). Pub. L. 98-616 substituted "$25,000,000

for each of the fiscal years 1985 through 1988" for "$20,000,000".

-TRANS-

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, see note set out under section 6903 of this

title.

-End-

-CITE-

42 USC Sec. 6934 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6934. Monitoring, analysis, and testing

-STATUTE-

(a) Authority of Administrator

If the Administrator determines, upon receipt of any information,

that -

(1) the presence of any hazardous waste at a facility or site

at which hazardous waste is, or has been, stored, treated, or

disposed of, or

(2) the release of any such waste from such facility or site

may present a substantial hazard to human health or the

environment, he may issue an order requiring the owner or operator

of such facility or site to conduct such monitoring, testing,

analysis, and reporting with respect to such facility or site as

the Administrator deems reasonable to ascertain the nature and

extent of such hazard.

(b) Previous owners and operators

In the case of any facility or site not in operation at the time

a determination is made under subsection (a) of this section with

respect to the facility or site, if the Administrator finds that

the owner of such facility or site could not reasonably be expected

to have actual knowledge of the presence of hazardous waste at such

facility or site and of its potential for release, he may issue an

order requiring the most recent previous owner or operator of such

facility or site who could reasonably be expected to have such

actual knowledge to carry out the actions referred to in subsection

(a) of this section.

(c) Proposal

An order under subsection (a) or (b) of this section shall

require the person to whom such order is issued to submit to the

Administrator within 30 days from the issuance of such order a

proposal for carrying out the required monitoring, testing,

analysis, and reporting. The Administrator may, after providing

such person with an opportunity to confer with the Administrator

respecting such proposal, require such person to carry out such

monitoring, testing, analysis, and reporting in accordance with

such proposal, and such modifications in such proposal as the

Administrator deems reasonable to ascertain the nature and extent

of the hazard.

(d) Monitoring, etc., carried out by Administrator

(1) If the Administrator determines that no owner or operator

referred to in subsection (a) or (b) of this section is able to

conduct monitoring, testing, analysis, or reporting satisfactory to

the Administrator, if the Administrator deems any such action

carried out by an owner or operator to be unsatisfactory, or if the

Administrator cannot initially determine that there is an owner or

operator referred to in subsection (a) or (b) of this section who

is able to conduct such monitoring, testing, analysis, or

reporting, he may -

(A) conduct monitoring, testing, or analysis (or any

combination thereof) which he deems reasonable to ascertain the

nature and extent of the hazard associated with the site

concerned, or

(B) authorize a State or local authority or other person to

carry out any such action,

and require, by order, the owner or operator referred to in

subsection (a) or (b) of this section to reimburse the

Administrator or other authority or person for the costs of such

activity.

(2) No order may be issued under this subsection requiring

reimbursement of the costs of any action carried out by the

Administrator which confirms the results of an order issued under

subsection (a) or (b) of this section.

(3) For purposes of carrying out this subsection, the

Administrator or any authority or other person authorized under

paragraph (1), may exercise the authorities set forth in section

6927 of this title.

(e) Enforcement

The Administrator may commence a civil action against any person

who fails or refuses to comply with any order issued under this

section. Such action shall be brought in the United States district

court in which the defendant is located, resides, or is doing

business. Such court shall have jurisdiction to require compliance

with such order and to assess a civil penalty of not to exceed

$5,000 for each day during which such failure or refusal occurs.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3013, as added Pub. L. 96-482, Sec.

17(a), Oct. 21, 1980, 94 Stat. 2344.)

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6939, 7412, 9606 of this

title.

-End-

-CITE-

42 USC Sec. 6935 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6935. Restrictions on recycled oil

-STATUTE-

(a) In general

Not later than one year after October 15, 1980, the Administrator

shall promulgate regulations establishing such performance

standards and other requirements as may be necessary to protect the

public health and the environment from hazards associated with

recycled oil. In developing such regulations, the Administrator

shall conduct an analysis of the economic impact of the regulations

on the oil recycling industry. The Administrator shall ensure that

such regulations do not discourage the recovery or recycling of

used oil, consistent with the protection of human health and the

environment.

(b) Identification or listing of used oil as hazardous waste

Not later than twelve months after November 8, 1984, the

Administrator shall propose whether to list or identify used

automobile and truck crankcase oil as hazardous waste under section

6921 of this title. Not later than twenty-four months after

November 8, 1984, the Administrator shall make a final

determination whether to list or identify used automobile and truck

crankcase oil and other used oil as hazardous wastes under section

6921 of this title.

(c) Used oil which is recycled

(1) With respect to generators and transporters of used oil

identified or listed as a hazardous waste under section 6921 of

this title, the standards promulgated under section (!1) 6921(d),

6922, and 6923 of this title shall not apply to such used oil if

such used oil is recycled.

(2)(A) In the case of used oil which is exempt under paragraph

(1), not later than twenty-four months after November 8, 1984, the

Administrator shall promulgate such standards under this subsection

regarding the generation and transportation of used oil which is

recycled as may be necessary to protect human health and the

environment. In promulgating such regulations with respect to

generators, the Administrator shall take into account the effect of

such regulations on environmentally acceptable types of used oil

recycling and the effect of such regulations on small quantity

generators and generators which are small businesses (as defined by

the Administrator).

(B) The regulations promulgated under this subsection shall

provide that no generator of used oil which is exempt under

paragraph (1) from the standards promulgated under section (!1)

6921(d), 6922, and 6923 of this title shall be subject to any

manifest requirement or any associated recordkeeping and reporting

requirement with respect to such used oil if such generator -

(i) either -

(I) enters into an agreement or other arrangement (including

an agreement or arrangement with an independent transporter or

with an agent of the recycler) for delivery of such used oil to

a recycling facility which has a permit under section 6925(c)

of this title (or for which a valid permit is deemed to be in

effect under subsection (d) of this section), or

(II) recycles such used oil at one or more facilities of the

generator which has such a permit under section 6925 of this

title (or for which a valid permit is deemed to have been

issued under subsection (d) of this section);

(ii) such used oil is not mixed by the generator with other

types of hazardous wastes; and

(iii) the generator maintains such records relating to such

used oil, including records of agreements or other arrangements

for delivery of such used oil to any recycling facility referred

to in clause (i)(I), as the Administrator deems necessary to

protect human health and the environment.

(3) The regulations under this subsection regarding the

transportation of used oil which is exempt from the standards

promulgated under section (!1) 6921(d), 6922, and 6923 of this

title under paragraph (1) shall require the transporters of such

used oil to deliver such used oil to a facility which has a valid

permit under section 6925 of this title or which is deemed to have

a valid permit under subsection (d) of this section. The

Administrator shall also establish other standards for such

transporters as may be necessary to protect human health and the

environment.

(d) Permits

(1) The owner or operator of a facility which recycles used oil

which is exempt under subsection (c)(1) of this section, shall be

deemed to have a permit under this subsection for all such

treatment or recycling (and any associated tank or container

storage) if such owner and operator comply with standards

promulgated by the Administrator under section 6924 of this title;

except that the Administrator may require such owners and operators

to obtain an individual permit under section 6925(c) of this title

if he determines that an individual permit is necessary to protect

human health and the environment.

(2) Notwithstanding any other provision of law, any generator who

recycles used oil which is exempt under subsection (c)(1) of this

section shall not be required to obtain a permit under section

6925(c) of this title with respect to such used oil until the

Administrator has promulgated standards under section 6924 of this

title regarding the recycling of such used oil.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3014, formerly Sec. 3012, as added

Pub. L. 96-463, Sec. 7(a), Oct. 15, 1980, 94 Stat. 2057, and

renumbered and amended Pub. L. 98-616, title II, Secs. 241(a), 242,

title V, Sec. 502(g)(1), Nov. 8, 1984, 98 Stat. 3258, 3260, 3277.)

-COD-

CODIFICATION

Section was formerly classified to section 6932 of this title.

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-616, Secs. 241(a), 242, designated

existing provisions as subsec. (a) and inserted ", consistent with

the protection of human health and the environment" at end.

Subsecs. (b) to (d). Pub. L. 98-616, Sec. 241(a), added subsecs.

(b) to (d).

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6926, 6930, 6976, 9614 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "sections".

-End-

-CITE-

42 USC Sec. 6936 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6936. Expansion during interim status

-STATUTE-

(a) Waste piles

The owner or operator of a waste pile qualifying for the

authorization to operate under section 6925(e) of this title shall

be subject to the same requirements for liners and leachate

collection systems or equivalent protection provided in regulations

promulgated by the Administrator under section 6924 of this title

before October 1, 1982, or revised under section 6924(o) of this

title (relating to minimum technological requirements), for new

facilities receiving individual permits under subsection (c) of

section 6925 of this title, with respect to each new unit,

replacement of an existing unit, or lateral expansion of an

existing unit that is within the waste management area identified

in the permit application submitted under section 6925 of this

title, and with respect to waste received beginning six months

after November 8, 1984.

(b) Landfills and surface impoundments

(1) The owner or operator of a landfill or surface impoundment

qualifying for the authorization to operate under section 6925(e)

of this title shall be subject to the requirements of section

6924(o) of this title (relating to minimum technological

requirements), with respect to each new unit, replacement of an

existing unit, or lateral expansion of an existing unit that is

within the waste management area identified in the permit

application submitted under this section, and with respect to waste

received beginning 6 months after November 8, 1984.

(2) The owner or operator of each unit referred to in paragraph

(1) shall notify the Administrator (or the State, if appropriate)

at least sixty days prior to receiving waste. The Administrator (or

the State) shall require the filing, within six months of receipt

of such notice, of an application for a final determination

regarding the issuance of a permit for each facility submitting

such notice.

(3) In the case of any unit in which the liner and leachate

collection system has been installed pursuant to the requirements

of this section and in good faith compliance with the

Administrator's regulations and guidance documents governing liners

and leachate collection systems, no liner or leachate collection

system which is different from that which was so installed pursuant

to this section shall be required for such unit by the

Administrator when issuing the first permit under section 6925 of

this title to such facility, except that the Administrator shall

not be precluded from requiring installation of a new liner when

the Administrator has reason to believe that any liner installed

pursuant to the requirements of this section is leaking. The

Administrator may, under section 6924 of this title, amend the

requirements for liners and leachate collection systems required

under this section as may be necessary to provide additional

protection for human health and the environment.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3015, as added Pub. L. 98-616,

title II, Sec. 243(a), Nov. 8, 1984, 98 Stat. 3260.)

-End-

-CITE-

42 USC Sec. 6937 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6937. Inventory of Federal agency hazardous waste facilities

-STATUTE-

(a) Program requirement; submission; availability; contents

Each Federal agency shall undertake a continuing program to

compile, publish, and submit to the Administrator (and to the State

in the case of sites in States having an authorized hazardous waste

program) an inventory of each site which the Federal agency owns or

operates or has owned or operated at which hazardous waste is

stored, treated, or disposed of or has been disposed of at any

time. The inventory shall be submitted every two years beginning

January 31, 1986. Such inventory shall be available to the public

as provided in section 6927(b) of this title. Information

previously submitted by a Federal agency under section 9603 of this

title, or under section 6925 or 6930 of this title, or under this

section need not be resubmitted except that the agency shall update

any previous submission to reflect the latest available data and

information. The inventory shall include each of the following:

(1) A description of the location of each site at which any

such treatment, storage, or disposal has taken place before the

date on which permits are required under section 6925 of this

title for such storage, treatment, or disposal, and where

hazardous waste has been disposed, a description of hydrogeology

of the site and the location of withdrawal wells and surface

water within one mile of the site.

(2) Such information relating to the amount, nature, and

toxicity of the hazardous waste in each site as may be necessary

to determine the extent of any health hazard which may be

associated with any site.

(3) Information on the known nature and extent of environmental

contamination at each site, including a description of the

monitoring data obtained.

(4) Information concerning the current status of the site,

including information respecting whether or not hazardous waste

is currently being treated, stored, or disposed of at such site

(and if not, the date on which such activity ceased) and

information respecting the nature of any other activity currently

carried out at such site.

(5) A list of sites at which hazardous waste has been disposed

and environmental monitoring data has not been obtained, and the

reasons for the lack of monitoring data at each site.

(6) A description of response actions undertaken or

contemplated at contaminated sites.

(7) An identification of the types of techniques of waste

treatment, storage, or disposal which have been used at each

site.

(8) The name and address and responsible Federal agency for

each site, determined as of the date of preparation of the

inventory.

(b) Environmental Protection Agency program

If the Administrator determines that any Federal agency under

subsection (a) of this section is not adequately providing

information respecting the sites referred to in subsection (a) of

this section, the Administrator shall notify the chief official of

such agency. If within ninety days following such notification, the

Federal agency has not undertaken a program to adequately provide

such information, the Administrator shall carry out the inventory

program for such agency.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3016, as added Pub. L. 98-616,

title II, Sec. 244, Nov. 8, 1984, 98 Stat. 3261.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9620 of this title.

-End-

-CITE-

42 USC Sec. 6938 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6938. Export of hazardous wastes

-STATUTE-

(a) In general

Beginning twenty-four months after November 8, 1984, no person

shall export any hazardous waste identified or listed under this

subchapter unless (!1)

(1)(A) such person has provided the notification required in

subsection (c) of this section,

(B) the government of the receiving country has consented to

accept such hazardous waste,

(C) a copy of the receiving country's written consent is

attached to the manifest accompanying each waste shipment, and

(D) the shipment conforms with the terms of the consent of the

government of the receiving country required pursuant to

subsection (e) of this section, or

(2) the United States and the government of the receiving

country have entered into an agreement as provided for in

subsection (f) of this section and the shipment conforms with the

terms of such agreement.

(b) Regulations

Not later than twelve months after November 8, 1984, the

Administrator shall promulgate the regulations necessary to

implement this section. Such regulations shall become effective one

hundred and eighty days after promulgation.

(c) Notification

Any person who intends to export a hazardous waste identified or

listed under this subchapter beginning twelve months after November

8, 1984, shall, before such hazardous waste is scheduled to leave

the United States, provide notification to the Administrator. Such

notification shall contain the following information:

(1) the name and address of the exporter;

(2) the types and estimated quantities of hazardous waste to be

exported;

(3) the estimated frequency or rate at which such waste is to

be exported; and the period of time over which such waste is to

be exported;

(4) the ports of entry;

(5) a description of the manner in which such hazardous waste

will be transported to and treated, stored, or disposed in the

receiving country; and

(6) the name and address of the ultimate treatment, storage or

disposal facility.

(d) Procedures for requesting consent of receiving country

Within thirty days of the Administrator's receipt of a complete

notification under this section, the Secretary of State, acting on

behalf of the Administrator, shall -

(1) forward a copy of the notification to the government of the

receiving country;

(2) advise the government that United States law prohibits the

export of hazardous waste unless the receiving country consents

to accept the hazardous waste;

(3) request the government to provide the Secretary with a

written consent or objection to the terms of the notification;

and

(4) forward to the government of the receiving country a

description of the Federal regulations which would apply to the

treatment, storage, and disposal of the hazardous waste in the

United States.

(e) Conveyance of written consent to exporter

Within thirty days of receipt by the Secretary of State of the

receiving country's written consent or objection (or any subsequent

communication withdrawing a prior consent or objection), the

Administrator shall forward such a consent, objection, or other

communication to the exporter.

(f) International agreements

Where there exists an international agreement between the United

States and the government of the receiving country establishing

notice, export, and enforcement procedures for the transportation,

treatment, storage, and disposal of hazardous wastes, only the

requirements of subsections (a)(2) and (g) of this section shall

apply.

(g) Reports

After November 8, 1984, any person who exports any hazardous

waste identified or listed under section 6921 of this title shall

file with the Administrator no later than March 1 of each year, a

report summarizing the types, quantities, frequency, and ultimate

destination of all such hazardous waste exported during the

previous calendar year.

(h) Other standards

Nothing in this section shall preclude the Administrator from

establishing other standards for the export of hazardous wastes

under section 6922 of this title or section 6923 of this title.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3017, as added Pub. L. 98-616,

title II, Sec. 245(a), Nov. 8, 1984, 98 Stat. 3262.)

-FOOTNOTE-

(!1) So in original. Probably should be followed by a dash.

-End-

-CITE-

42 USC Sec. 6939 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6939. Domestic sewage

-STATUTE-

(a) Report

The Administrator shall, not later than 15 months after November

8, 1984, submit a report to the Congress concerning those

substances identified or listed under section 6921 of this title

which are not regulated under this subchapter by reason of the

exclusion for mixtures of domestic sewage and other wastes that

pass through a sewer system to a publicly owned treatment works.

Such report shall include the types, size and number of generators

which dispose of such substances in this manner, the types and

quantities disposed of in this manner, and the identification of

significant generators, wastes, and waste constituents not

regulated under existing Federal law or regulated in a manner

sufficient to protect human health and the environment.

(b) Revisions of regulations

Within eighteen months after submitting the report specified in

subsection (a) of this section, the Administrator shall revise

existing regulations and promulgate such additional regulations

pursuant to this subchapter (or any other authority of the

Administrator, including section 1317 of title 33) as are necessary

to assure that substances identified or listed under section 6921

of this title which pass through a sewer system to a publicly owned

treatment works are adequately controlled to protect human health

and the environment.

(c) Report on wastewater lagoons

The Administrator shall, within thirty-six months after November

8, 1984, submit a report to Congress concerning wastewater lagoons

at publicly owned treatment works and their effect on groundwater

quality. Such report shall include -

(1) the number and size of such lagoons;

(2) the types and quantities of waste contained in such

lagoons;

(3) the extent to which such waste has been or may be released

from such lagoons and contaminate ground water; and

(4) available alternatives for preventing or controlling such

releases.

The Administrator may utilize the authority of sections 6927 and

6934 of this title for the purpose of completing such report.

(d) Application of sections 6927 and 6930

The provisions of sections 6927 and 6930 of this title shall

apply to solid or dissolved materials in domestic sewage to the

same extent and in the same manner as such provisions apply to

hazardous waste.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3018, as added Pub. L. 98-616,

title II, Sec. 246(a), Nov. 8, 1984, 98 Stat. 3264.)

-End-

-CITE-

42 USC Sec. 6939a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6939a. Exposure information and health assessments

-STATUTE-

(a) Exposure information

Beginning on the date nine months after November 8, 1984, each

application for a final determination regarding a permit under

section 6925(c) of this title for a landfill or surface impoundment

shall be accompanied by information reasonably ascertainable by the

owner or operator on the potential for the public to be exposed to

hazardous wastes or hazardous constituents through releases related

to the unit. At a minimum, such information must address:

(1) reasonably foreseeable potential releases from both normal

operations and accidents at the unit, including releases

associated with transportation to or from the unit;

(2) the potential pathways of human exposure to hazardous

wastes or constituents resulting from the releases described

under paragraph (1); and

(3) the potential magnitude and nature of the human exposure

resulting from such releases.

The owner or operator of a landfill or surface impoundment for

which an application for such a final determination under section

6925(c) of this title has been submitted prior to November 8, 1984,

shall submit the information required by this subsection to the

Administrator (or the State, in the case of a State with an

authorized program) no later than the date nine months after

November 8, 1984.

(b) Health assessments

(1) The Administrator (or the State, in the case of a State with

an authorized program) shall make the information required by

subsection (a) of this section, together with other relevant

information, available to the Agency for Toxic Substances and

Disease Registry established by section 9604(i) of this title.

(2) Whenever in the judgment of the Administrator, or the State

(in the case of a State with an authorized program), a landfill or

a surface impoundment poses a substantial potential risk to human

health, due to the existence of releases of hazardous constituents,

the magnitude of contamination with hazardous constituents which

may be the result of a release, or the magnitude of the population

exposed to such release or contamination, the Administrator or the

State (with the concurrence of the Administrator) may request the

Administrator of the Agency for Toxic Substances and Disease

Registry to conduct a health assessment in connection with such

facility and take other appropriate action with respect to such

risks as authorized by section 9604(b) and (i) of this title. If

funds are provided in connection with such request the

Administrator of such Agency shall conduct such health assessment.

(c) Members of the public

Any member of the public may submit evidence of releases of or

exposure to hazardous constituents from such a facility, or as to

the risks or health effects associated with such releases or

exposure, to the Administrator of the Agency for Toxic Substances

and Disease Registry, the Administrator, or the State (in the case

of a State with an authorized program).

(d) Priority

In determining the order in which to conduct health assessments

under this subsection, the Administrator of the Agency for Toxic

Substances and Disease Registry shall give priority to those

facilities or sites at which there is documented evidence of

release of hazardous constituents, at which the potential risk to

human health appears highest, and for which in the judgment of the

Administrator of such Agency existing health assessment data is

inadequate to assess the potential risk to human health as provided

in subsection (f) of this section.

(e) Periodic reports

The Administrator of such Agency shall issue periodic reports

which include the results of all the assessments carried out under

this section. Such assessments or other activities shall be

reported after appropriate peer review.

(f) "Health assessments" defined

For the purposes of this section, the term "health assessments"

shall include preliminary assessments of the potential risk to

human health posed by individual sites and facilities subject to

this section, based on such factors as the nature and extent of

contamination, the existence of potential for pathways of human

exposure (including ground or surface water contamination, air

emissions, and food chain contamination), the size and potential

susceptibility of the community within the likely pathways of

exposure, the comparison of expected human exposure levels to the

short-term and long-term health effects associated with identified

contaminants and any available recommended exposure or tolerance

limits for such contaminants, and the comparison of existing

morbidity and mortality data on diseases that may be associated

with the observed levels of exposure. The assessment shall include

an evaluation of the risks to the potentially affected population

from all sources of such contaminants, including known point or

nonpoint sources other than the site or facility in question. A

purpose of such preliminary assessments shall be to help determine

whether full-scale health or epidemiological studies and medical

evaluations of exposed populations shall be undertaken.

(g) Cost recovery

In any case in which a health assessment performed under this

section discloses the exposure of a population to the release of a

hazardous substance, the costs of such health assessment may be

recovered as a cost of response under section 9607 of this title

from persons causing or contributing to such release of such

hazardous substance or, in the case of multiple releases

contributing to such exposure, to all such release.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3019, as added Pub. L. 98-616,

title II, Sec. 247(a), Nov. 8, 1984, 98 Stat. 3265.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9604 of this title.

-End-

-CITE-

42 USC Sec. 6939b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6939b. Interim control of hazardous waste injection

-STATUTE-

(a) Underground source of drinking water

No hazardous waste may be disposed of by underground injection -

(1) into a formation which contains (within one-quarter mile of

the well used for such underground injection) an underground

source of drinking water; or

(2) above such a formation.

The prohibitions established under this section shall take effect 6

months after November 8, 1984, except in the case of any State in

which identical or more stringent prohibitions are in effect before

such date under the Safe Drinking Water Act [42 U.S.C. 300f et

seq.].

(b) Actions under Comprehensive Environmental Response,

Compensation, and Liability Act

Subsection (a) of this section shall not apply to the injection

of contaminated ground water into the aquifer from which it was

withdrawn, if -

(1) such injection is -

(A) a response action taken under section 9604 or 9606 of

this title, or

(B) part of corrective action required under this chapter

(!1)

intended to clean up such contamination;

(2) such contaminated ground water is treated to substantially

reduce hazardous constituents prior to such injection; and

(3) such response action or corrective action will, upon

completion, be sufficient to protect human health and the

environment.

(c) Enforcement

In addition to enforcement under the provisions of this chapter,

the prohibitions established under paragraphs (1) and (2) of

subsection (a) of this section shall be enforceable under the Safe

Drinking Water Act [42 U.S.C. 300f et seq.] in any State -

(1) which has adopted identical or more stringent prohibitions

under part C of the Safe Drinking Water Act [42 U.S.C. 300h et

seq.] and which has assumed primary enforcement responsibility

under that Act for enforcement of such prohibitions; or

(2) in which the Administrator has adopted identical or more

stringent prohibitions under the Safe Drinking Water Act [42

U.S.C. 300f et seq.] and is exercising primary enforcement

responsibility under that Act for enforcement of such

prohibitions.

(d) Definitions

The terms "primary enforcement responsibility", "underground

source of drinking water", "formation" and "well" have the same

meanings as provided in regulations of the Administrator under the

Safe Drinking Water Act [42 U.S.C. 300f et seq.]. The term "Safe

Drinking Water Act" means title XIV of the Public Health Service

Act.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3020, formerly Sec. 7010, as added

Pub. L. 98-616, title IV, Sec. 405(a), Nov. 8, 1984, 98 Stat. 3273;

renumbered Sec. 3020, and amended Pub. L. 99-339, title II, Sec.

201(c), June 19, 1986, 100 Stat. 654.)

-REFTEXT-

REFERENCES IN TEXT

Title XIV of the Public Health Service Act, referred to in

subsec. (d), is title XIV of act July 1, 1944, as added Dec. 16,

1974, Pub. L. 93-523, Sec. 2(a), 88 Stat. 1660, as amended, known

as the Safe Drinking Water Act, which is classified generally to

subchapter XII (Sec. 300f et seq.) of chapter 6A of this title.

Part C of the Act is classified generally to part C (Sec. 300h et

seq.) of subchapter XII of chapter 6A of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 201 of this title and Tables.

-COD-

CODIFICATION

Section was formerly classified to section 6979a of this title,

prior to renumbering by Pub. L. 99-339.

-MISC1-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-339, Sec. 201(c)(1), substituted

"enforcement under the provisions of this chapter" for "enforcement

under sections 6972 and 6973 of this title".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6924 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a comma.

-End-

-CITE-

42 USC Sec. 6939c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6939c. Mixed waste inventory reports and plan

-STATUTE-

(a) Mixed waste inventory reports

(1) Requirement

Not later than 180 days after October 6, 1992, the Secretary of

Energy shall submit to the Administrator and to the Governor of

each State in which the Department of Energy stores or generates

mixed wastes the following reports:

(A) A report containing a national inventory of all such

mixed wastes, regardless of the time they were generated, on a

State-by-State basis.

(B) A report containing a national inventory of mixed waste

treatment capacities and technologies.

(2) Inventory of wastes

The report required by paragraph (1)(A) shall include the

following:

(A) A description of each type of mixed waste at each

Department of Energy facility in each State, including, at a

minimum, the name of the waste stream.

(B) The amount of each type of mixed waste currently stored

at each Department of Energy facility in each State, set forth

separately by mixed waste that is subject to the land disposal

prohibition requirements of section 6924 of this title and

mixed waste that is not subject to such prohibition

requirements.

(C) An estimate of the amount of each type of mixed waste the

Department expects to generate in the next 5 years at each

Department of Energy facility in each State.

(D) A description of any waste minimization actions the

Department has implemented at each Department of Energy

facility in each State for each mixed waste stream.

(E) The EPA hazardous waste code for each type of mixed waste

containing waste that has been characterized at each Department

of Energy facility in each State.

(F) An inventory of each type of waste that has not been

characterized by sampling and analysis at each Department of

Energy facility in each State.

(G) The basis for the Department's determination of the

applicable hazardous waste code for each type of mixed waste at

each Department of Energy facility and a description of whether

the determination is based on sampling and analysis conducted

on the waste or on the basis of process knowledge.

(H) A description of the source of each type of mixed waste

at each Department of Energy facility in each State.

(I) The land disposal prohibition treatment technology or

technologies specified for the hazardous waste component of

each type of mixed waste at each Department of Energy facility

in each State.

(J) A statement of whether and how the radionuclide content

of the waste alters or affects use of the technologies

described in subparagraph (I).

(3) Inventory of treatment capacities and technologies

The report required by paragraph (1)(B) shall include the

following:

(A) An estimate of the available treatment capacity for each

waste described in the report required by paragraph (1)(A) for

which treatment technologies exist.

(B) A description, including the capacity, number and

location, of each treatment unit considered in calculating the

estimate under subparagraph (A).

(C) A description, including the capacity, number and

location, of any existing treatment unit that was not

considered in calculating the estimate under subparagraph (A)

but that could, alone or in conjunction with other treatment

units, be used to treat any of the wastes described in the

report required by paragraph (1)(A) to meet the requirements of

regulations promulgated pursuant to section 6924(m) of this

title.

(D) For each unit listed in subparagraph (C), a statement of

the reasons why the unit was not included in calculating the

estimate under subparagraph (A).

(E) A description, including the capacity, number, location,

and estimated date of availability, of each treatment unit

currently proposed to increase the treatment capacities

estimated under subparagraph (A).

(F) For each waste described in the report required by

paragraph (1)(A) for which the Department has determined no

treatment technology exists, information sufficient to support

such determination and a description of the technological

approaches the Department anticipates will need to be developed

to treat the waste.

(4) Comments and revisions

Not later than 90 days after the date of the submission of the

reports by the Secretary of Energy under paragraph (1), the

Administrator and each State which received the reports shall

submit any comments they may have concerning the reports to the

Department of Energy. The Secretary of Energy shall consider and

publish the comments prior to publication of the final report.

(5) Requests for additional information

Nothing in this subsection limits or restricts the authority of

States or the Administrator to request additional information

from the Secretary of Energy.

(b) Plan for development of treatment capacities and technologies

(1) Plan requirement

(A)(i) For each facility at which the Department of Energy

generates or stores mixed wastes, except any facility subject to

a permit, agreement, or order described in clause (ii), the

Secretary of Energy shall develop and submit, as provided in

paragraph (2), a plan for developing treatment capacities and

technologies to treat all of the facility's mixed wastes,

regardless of the time they were generated, to the standards

promulgated pursuant to section 6924(m) of this title.

(ii) Clause (i) shall not apply with respect to any facility

subject to any permit establishing a schedule for treatment of

such wastes, or any existing agreement or administrative or

judicial order governing the treatment of such wastes, to which

the State is a party.

(B) Each plan shall contain the following:

(i) For mixed wastes for which treatment technologies exist,

a schedule for submitting all applicable permit applications,

entering into contracts, initiating construction, conducting

systems testing, commencing operations, and processing

backlogged and currently generated mixed wastes.

(ii) For mixed wastes for which no treatment technologies

exist, a schedule for identifying and developing such

technologies, identifying the funding requirements for the

identification and development of such technologies, submitting

treatability study exemptions, and submitting research and

development permit applications.

(iii) For all cases where the Department proposes

radionuclide separation of mixed wastes, or materials derived

from mixed wastes, it shall provide an estimate of the volume

of waste generated by each case of radionuclide separation, the

volume of waste that would exist or be generated without

radionuclide separation, the estimated costs of waste treatment

and disposal if radionuclide separation is used compared to the

estimated costs if it is not used, and the assumptions

underlying such waste volume and cost estimates.

(C) A plan required under this subsection may provide for

centralized, regional, or on-site treatment of mixed wastes, or

any combination thereof.

(2) Review and approval of plan

(A) For each facility that is located in a State (i) with

authority under State law to prohibit land disposal of mixed

waste until the waste has been treated and (ii) with both

authority under State law to regulate the hazardous components of

mixed waste and authorization from the Environmental Protection

Agency under section 6926 of this title to regulate the hazardous

components of mixed waste, the Secretary of Energy shall submit

the plan required under paragraph (1) to the appropriate State

regulatory officials for their review and approval, modification,

or disapproval. In reviewing the plan, the State shall consider

the need for regional treatment facilities. The State shall

consult with the Administrator and any other State in which a

facility affected by the plan is located and consider public

comments in making its determination on the plan. The State shall

approve, approve with modifications, or disapprove the plan

within 6 months after receipt of the plan.

(B) For each facility located in a State that does not have the

authority described in subparagraph (A), the Secretary shall

submit the plan required under paragraph (1) to the Administrator

of the Environmental Protection Agency for review and approval,

modification, or disapproval. A copy of the plan also shall be

provided by the Secretary to the State in which such facility is

located. In reviewing the plan, the Administrator shall consider

the need for regional treatment facilities. The Administrator

shall consult with the State or States in which any facility

affected by the plan is located and consider public comments in

making a determination on the plan. The Administrator shall

approve, approve with modifications, or disapprove the plan

within 6 months after receipt of the plan.

(C) Upon the approval of a plan under this paragraph by the

Administrator or a State, the Administrator shall issue an order

under section 6928(a) of this title, or the State shall issue an

order under appropriate State authority, requiring compliance

with the approved plan.

(3) Public participation

Upon submission of a plan by the Secretary of Energy to the

Administrator or a State, and before approval of the plan by the

Administrator or a State, the Administrator or State shall

publish a notice of the availability of the submitted plan and

make such submitted plan available to the public on request.

(4) Revisions of plan

If any revisions of an approved plan are proposed by the

Secretary of Energy or required by the Administrator or a State,

the provisions of paragraphs (2) and (3) shall apply to the

revisions in the same manner as they apply to the original plan.

(5) Waiver of plan requirement

(A) A State may waive the requirement for the Secretary of

Energy to develop and submit a plan under this subsection for a

facility located in the State if the State (i) enters into an

agreement with the Secretary of Energy that addresses compliance

at that facility with section 6924(j) of this title with respect

to mixed waste, and (ii) issues an order requiring compliance

with such agreement and which is in effect.

(B) Any violation of an agreement or order referred to in

subparagraph (A) is subject to the waiver of sovereign immunity

contained in section 6961(a) of this title.

(c) Schedule and progress reports

(1) Schedule

Not later than 6 months after October 6, 1992, the Secretary of

Energy shall publish in the Federal Register a schedule for

submitting the plans required under subsection (b) of this

section.

(2) Progress reports

(A) Not later than the deadlines specified in subparagraph (B),

the Secretary of Energy shall submit to the Committee on

Environment and Public Works of the Senate and the Committee on

Energy and Commerce of the House of Representatives a progress

report containing the following:

(i) An identification, by facility, of the plans that have

been submitted to States or the Administrator of the

Environmental Protection Agency pursuant to subsection (b) of

this section.

(ii) The status of State and Environmental Protection Agency

review and approval of each such plan.

(iii) The number of orders requiring compliance with such

plans that are in effect.

(iv) For the first 2 reports required under this paragraph,

an identification of the plans required under such subsection

(b) of this section that the Secretary expects to submit in the

12-month period following submission of the report.

(B) The Secretary of Energy shall submit a report under

subparagraph (A) not later than 12 months after October 6, 1992,

24 months after October 6, 1992, and 36 months after October 6,

1992.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3021, as added Pub. L. 102-386,

title I, Sec. 105(a)(1), Oct. 6, 1992, 106 Stat. 1508.)

-CHANGE-

CHANGE OF NAME

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.

-MISC1-

GAO REPORT

Section 105(c) of Pub. L. 102-386 provided that:

"(1) Requirement. - Not later than 18 months after the date of

the enactment of this Act [Oct. 6, 1992], the Comptroller General

shall submit to Congress a report on the Department of Energy's

progress in complying with section 3021(b) of the Solid Waste

Disposal Act [42 U.S.C. 6939c(b)].

"(2) Matters to be included. - The report required under

paragraph (1) shall contain, at a minimum, the following:

"(A) The Department of Energy's progress in submitting to the

States or the Administrator of the Environmental Protection

Agency a plan for each facility for which a plan is required

under section 3021(b) of the Solid Waste Disposal Act and the

status of State or Environmental Protection Agency review and

approval of each such plan.

"(B) The Department of Energy's progress in entering into

orders requiring compliance with any such plans that have been

approved.

"(C) An evaluation of the completeness and adequacy of each

such plan as of the date of submission of the report required

under paragraph (1).

"(D) An identification of any recurring problems among the

Department of Energy's submitted plans.

"(E) A description of treatment technologies and capacity that

have been developed by the Department of Energy since the date of

the enactment of this Act and a list of the wastes that are

expected to be treated by such technologies and the facilities at

which the wastes are generated or stored.

"(F) The progress made by the Department of Energy in

characterizing its mixed waste streams at each such facility by

sampling and analysis.

"(G) An identification and analysis of additional actions that

the Department of Energy must take to -

"(i) complete submission of all plans required under such

section 3021(b) for all such facilities;

"(ii) obtain the adoption of orders requiring compliance with

all such plans; and

"(iii) develop mixed waste treatment capacity and

technologies."

-End-

-CITE-

42 USC Sec. 6939d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6939d. Public vessels

-STATUTE-

(a) Waste generated on public vessels

Any hazardous waste generated on a public vessel shall not be

subject to the storage, manifest, inspection, or recordkeeping

requirements of this chapter until such waste is transferred to a

shore facility, unless -

(1) the waste is stored on the public vessel for more than 90

days after the public vessel is placed in reserve or is otherwise

no longer in service; or

(2) the waste is transferred to another public vessel within

the territorial waters of the United States and is stored on such

vessel or another public vessel for more than 90 days after the

date of transfer.

(b) Computation of storage period

For purposes of subsection (a) of this section, the 90-day period

begins on the earlier of -

(1) the date on which the public vessel on which the waste was

generated is placed in reserve or is otherwise no longer in

service; or

(2) the date on which the waste is transferred from the public

vessel on which the waste was generated to another public vessel

within the territorial waters of the United States;

and continues, without interruption, as long as the waste is stored

on the original public vessel (if in reserve or not in service) or

another public vessel.

(c) Definitions

For purposes of this section:

(1) The term "public vessel" means a vessel owned or bareboat

chartered and operated by the United States, or by a foreign

nation, except when the vessel is engaged in commerce.

(2) The terms "in reserve" and "in service" have the meanings

applicable to those terms under section 7293 and sections 7304

through 7308 of title 10 and regulations prescribed under those

sections.

(d) Relationship to other law

Nothing in this section shall be construed as altering or

otherwise affecting the provisions of section 7311 of title 10.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3022, as added Pub. L. 102-386,

title I, Sec. 106(a), Oct. 6, 1992, 106 Stat. 1513.)

-End-

-CITE-

42 USC Sec. 6939e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER III - HAZARDOUS WASTE MANAGEMENT

-HEAD-

Sec. 6939e. Federally owned treatment works

-STATUTE-

(a) In general

For purposes of section 6903(27) of this title, the phrase "but

does not include solid or dissolved material in domestic sewage"

shall apply to any solid or dissolved material introduced by a

source into a federally owned treatment works if -

(1) such solid or dissolved material is subject to a

pretreatment standard under section 1317 of title 33, and the

source is in compliance with such standard;

(2) for a solid or dissolved material for which a pretreatment

standard has not been promulgated pursuant to section 1317 of

title 33, the Administrator has promulgated a schedule for

establishing such a pretreatment standard which would be

applicable to such solid or dissolved material not later than 7

years after October 6, 1992, such standard is promulgated on or

before the date established in the schedule, and after the

effective date of such standard the source is in compliance with

such standard;

(3) such solid or dissolved material is not covered by

paragraph (1) or (2) and is not prohibited from land disposal

under subsections (!1) (d), (e), (f), or (g) of section 6924 of

this title because such material has been treated in accordance

with section 6924(m) of this title; or

(4) notwithstanding paragraphs (!1) (1), (2), or (3), such

solid or dissolved material is generated by a household or person

which generates less than 100 kilograms of hazardous waste per

month unless such solid or dissolved material would otherwise be

an acutely hazardous waste and subject to standards, regulations,

or other requirements under this chapter notwithstanding the

quantity generated.

(b) Prohibition

It is unlawful to introduce into a federally owned treatment

works any pollutant that is a hazardous waste.

(c) Enforcement

(1) Actions taken to enforce this section shall not require

closure of a treatment works if the hazardous waste is removed or

decontaminated and such removal or decontamination is adequate, in

the discretion of the Administrator or, in the case of an

authorized State, of the State, to protect human health and the

environment.

(2) Nothing in this subsection shall be construed to prevent the

Administrator or an authorized State from ordering the closure of a

treatment works if the Administrator or State determines such

closure is necessary for protection of human health and the

environment.

(3) Nothing in this subsection shall be construed to affect any

other enforcement authorities available to the Administrator or a

State under this subchapter.

(d) "Federally owned treatment works" defined

For purposes of this section, the term "federally owned treatment

works" means a facility that is owned and operated by a department,

agency, or instrumentality of the Federal Government treating

wastewater, a majority of which is domestic sewage, prior to

discharge in accordance with a permit issued under section 1342 of

title 33.

(e) Savings clause

Nothing in this section shall be construed as affecting any

agreement, permit, or administrative or judicial order, or any

condition or requirement contained in such an agreement, permit, or

order, that is in existence on October 6, 1992, and that requires

corrective action or closure at a federally owned treatment works

or solid waste management unit or facility related to such a

treatment works.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 3023, as added Pub. L. 102-386,

title I, Sec. 108(a), Oct. 6, 1992, 106 Stat. 1514.)

-FOOTNOTE-

(!1) So in original. Probably should be singular.

-End-

-CITE-

42 USC SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE

PLANS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6903, 6907, 6916, 6986

of this title; title 25 section 3902.

-End-

-CITE-

42 USC Sec. 6941 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-

Sec. 6941. Objectives of subchapter

-STATUTE-

The objectives of this subchapter are to assist in developing and

encouraging methods for the disposal of solid waste which are

environmentally sound and which maximize the utilization of

valuable resources including energy and materials which are

recoverable from solid waste and to encourage resource

conservation. Such objectives are to be accomplished through

Federal technical and financial assistance to States or regional

authorities for comprehensive planning pursuant to Federal

guidelines designed to foster cooperation among Federal, State, and

local governments and private industry. In developing such

comprehensive plans, it is the intention of this chapter that in

determining the size of the waste-to-energy facility, adequate

provision shall be given to the present and reasonably anticipated

future needs, including those needs created by thorough

implementation of section 6962(h) of this title, of the recycling

and resource recovery interest within the area encompassed by the

planning process.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 4001, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2813; amended Pub. L. 96-482, Sec.

32(b), Oct. 21, 1980, 94 Stat. 2353; Pub. L. 98-616, title III,

Sec. 301(a), title V, Sec. 501(f)(1), Nov. 8, 1984, 98 Stat. 3267,

3276.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 3254 of this title, prior to the general amendment of the

Solid Waste Disposal Act by Pub. L. 94-580.

AMENDMENTS

1984 - Pub. L. 98-616, Sec. 501(f)(1), inserted ", including

those needs created by thorough implementation of section 6962(h)

of this title,".

Pub. L. 98-616, Sec. 301(a), inserted at end "In developing such

comprehensive plans, it is the intention of this chapter that in

determining the size of the waste-to-energy facility, adequate

provision shall be given to the present and reasonably anticipated

future needs of the recycling and resource recovery interest within

the area encompassed by the planning process."

1980 - Pub. L. 96-482 included as an objective in the disposal of

solid waste the utilization of energy and materials recoverable

from solid waste.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6942 of this title.

-End-

-CITE-

42 USC Sec. 6941a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-

Sec. 6941a. Energy and materials conservation and recovery;

Congressional findings

-STATUTE-

The Congress finds that -

(1) significant savings could be realized by conserving

materials in order to reduce the volume or quantity of material

which ultimately becomes waste;

(2) solid waste contains valuable energy and material resources

which can be recovered and used thereby conserving increasingly

scarce and expensive fossil fuels and virgin materials;

(3) the recovery of energy and materials from municipal waste,

and the conservation of energy and materials contributing to such

waste streams, can have the effect of reducing the volume of the

municipal waste stream and the burden of disposing of increasing

volumes of solid waste;

(4) the technology to conserve resources exists and is

commercially feasible to apply;

(5) the technology to recover energy and materials from solid

waste is of demonstrated commercial feasibility; and

(6) various communities throughout the nation have different

needs and different potentials for conserving resources and for

utilizing techniques for the recovery of energy and materials

from waste, and Federal assistance in planning and implementing

such energy and materials conservation and recovery programs

should be available to all such communities on an equitable basis

in relation to their needs and potential.

-SOURCE-

(Pub. L. 96-482, Sec. 32(a), Oct. 21, 1980, 94 Stat. 2353.)

-COD-

CODIFICATION

Section was enacted as part of the Solid Waste Disposal Act

Amendments of 1980, and not as part of the Solid Waste Disposal Act

which comprises this chapter.

-End-

-CITE-

42 USC Sec. 6942 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 82 - SOLID WASTE DISPOSAL

SUBCHAPTER IV - STATE OR REGIONAL SOLID WASTE PLANS

-HEAD-

Sec. 6942. Federal guidelines for plans

-STATUTE-

(a) Guidelines for identification of regions

For purposes of encouraging and facilitating the development of

regional planning for solid waste management, the Administrator,

within one hundred and eighty days after October 21, 1976, and

after consultation with appropriate Federal, State, and local

authorities, shall by regulation publish guidelines for the

identification of those areas which have common solid waste

management problems and are appropriate units for planning regional

solid waste management services. Such guidelines shall consider -

(1) the size and location of areas which should be included,

(2) the volume of solid waste which should be included, and

(3) the available means of coordinating regional planning with

other related regional planning and for coordination of such

regional planning into the State plan.

(b) Guidelines for State plans

Not later than eighteen months after October 21, 1976, and after

notice and hearing, the Administrator shall, after consultation

with appropriate Federal, State, and local authorities, promulgate

regulations containing guidelines to assist in the development and

implementation of State solid waste management plans (hereinafter

in this chapter referred to as "State plans"). The guidelines shall

contain methods for achieving the objectives specified in section

6941 of this title. Such guidelines shall be reviewed from time to

time, but not less frequently than every three years, and revised

as may be appropriate.

(c) Considerations for State plan guidelines

The guidelines promulgated under subsection (b) of this section

shall consider -

(1) the varying regional, geologic, hydrologic, climatic, and

other circumstances under which different solid waste practices

are required in order to insure the reasonable protection of the

quality of the ground and surface waters from leachate

contamination, the reasonable protection of the quality of the

surface waters from surface runoff contamination, and the

reasonable protection of ambient air quality;

(2) characteristics and conditions of collection, storage,

processing, and disposal operating methods, techniques and

practices, and location of facilities where such operating

methods, techniques, and practices are conducted, taking into

account the nature of the material to be disposed;

(3) methods for closing or upgrading open dumps for purposes of

eliminating potential health hazards;

(4) population density, distribution, and projected growth;

(5) geographic, geologic, climatic, and hydrologic

characteristics;

(6) the type and location of transportation;

(7) the profile of industries;

(8) the constituents and generation rates of waste;

(9) the political, economic, organizational, financial, and

management problems affecting comprehensive solid waste

management;

(10) types of resource recovery facilities and resource

conservation systems which are appropriate; and

(11) available new and additional markets for recovered

material and energy and energy resources recovered from solid

waste as well as methods for conserving such materials and

energy.

-SOURCE-

(Pub. L. 89-272, title II, Sec. 4002, as added Pub. L. 94-580, Sec.

2, Oct. 21, 1976, 90 Stat. 2813; amended Pub. L. 96-482, Sec.

32(c), Oct. 21, 1980, 94 Stat. 2353.)

-MISC1-

AMENDMENTS

1980 - Subsec. (c)(11). Pub. L. 96-482 required State plan

guidelines to consider energy and energy resources recovered from

solid waste as well as methods for conserving such materials and

energy.

-TRANS-

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, see note set out under section 6903 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6946 of this title.

-End-